Events

Holyoke City Council Meeting Text Size

Event takes place on June 06, 2017 at 7:00 PM
City Hall, City Council Chambers, 536 Dwight St. Holyoke, MA 01040

AGENDA FOR THE CITY COUNCIL
June 6,2017

LAID ON THE TABLE

1.    FY 2018 Municipal Budget

2.    The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council consider declaring three parcels as surplus property available for disposition. Said parcels are identified by the Holyoke Board of Assessors as parcels 117-00-018, 117-00-145 and 117-00-148.  The parcels are more particularly described at the Hampden County Registry of Deeds in Book 3658, Page 325; Book 16921, Page 558; and in Plan Book 378, Page 97, accordingly (plan copy attached).  Recommend that the order be adopted

PUBLIC COMMENT

COMMUNICATIONS

3.    From Mayor Alex B. Morse, letter reappointing John J. Kelley, 56 Sterling Rd. to serve as a member of the Planning Board for the City of Holyoke:  Mr. Kelley will serve a five-year term; said term will expire on June 20, 2022.

4.    From Mayor Alex B. Morse, letter appointing Gustavo Acosta, 3 Washington Ave. to serve as a member of the Planning Board for the City of Holyoke:  Mr. Acosta will replace Ms. Intiya Isaza-Figueroa and will serve the remainder of her term; said term will expire on February 12, 2020.

5.    From Mayor Alex B. Morse communication re: congregate house parcel.

6.    From Brenna Murphy McGee, CMC City Clerk, minutes of May 16, 2017.

7.    From Andrew B. Smith, Conservation Director, letter re:  Designation of Anja Ryan Duffy as Conservation Commission member for the Community Preservation Committee.

8.    From Massachusetts School Building Authority, re:  2017 Accelerated Repair Program Statement of Interest

9.    From Holyoke Preservation Trust, Inc. letter on behalf of the Board of Directors in support for the Friends of Mater Dolorosa Preservation Society of Holyoke, Inc.

10.    From Audra Bessette, 966 Main St. request for consideration on the CPA Board.

11.    From Kevin Haarmann, 13 Charles St.. Holyoke, request for consideration for a position on the CPA Board.

12.    From Kenneth A. Foley, request for consideration on the CPA Board.

13.    From Board of Fire Commission minutes of April 12, 2017.

14.    From Board of Public Works, Sewer Commission and Stormwater Authority minutes of April 3, 2017.

PETITIONS

15.    Petition of Zuleika Rivera, for a renewal of a second hand license at 68 Cherry St.

16.    Petition of Greater Springfield Habitat for Humanity, for a special permit for a Dimensional Variation (8.8.5) at 270 Pine St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

17.    Ordinance Committee Reports (if any)

17A.    The Committee on Ordinance to whom was referred an order that the Council review and amend Section 7.1.6 of the City’s zoning ordinance regarding Drive-in, Take-out restaurants, and consider amending the special permit for commercial drive-thru and/or add a special permit for restaurant drive thru.  Recommend that the order be adopted

17B.    The Committee on Ordinance to whom was referred an order that an ordinance be created as follows:
“No elected official, department head or other city employee shall issue any order that shall knowingly violate any law or regulation of the federal, state or local government or the Constitution of the United States, the Constitution of the Commonwealth of Massachusetts or the Charter of the City of Holyoke, or any lawful order of a court of competent jurisdiction.  No such order given shall be valid or shall be enforced by the City of Holyoke or its departments.”  Recommend that the order be adopted

17C.    The Committee on Ordinance to whom was referred an order That the Ordinance be amended to increase parking fees as follows: $1 per hour for both meters and garage $60 per month for garage  Recommend that the order be adopted

17D.    The Committee on Ordinance to whom was referred an order that the DPW install a no parking sign for loading in front of 27 Olive St. to allow the bodega on Dwight and Olive St. a place to have deliveries to it’s store  Recommend that the order be adopted

17E.    The Committee on Ordinance to whom was referred an order that the Dept. of Public Works put up a sign on the existing corner sign approximately 15 yards away from the corner of Cherry and Dale on the even side. The sign shall read “No Overnight Parking 9pm to 7am”  Recommend that the order be adopted

17F.    The Committee on Ordinance to whom was referred an order that the Ordinance Committee review Section 18-35 “Regulation of blighted and vacant buildings” to consider revising the appeal process for vacant building registration and applicable fees.  Recommend that the order be adopted

17G.    The Committee on Ordinance to whom was referred Order:  that the City Council consider amending section 18-35 with respect to the vacant building fee charge. In that we consider suspending the fee if owner has an open and valid building permit on said vacant property and work is actively taking place.  Also if a new owner purchases a vacant property the vacant permit fee charge starts at year one for the new owner  Recommend that the order be adopted

17H.    The Committee on Ordinance to whom was referred an order that the ordinance committee adopt a special permit application for any methadone/suboxone clinics coming into the City  Recommend that the order be adopted as amended

17I.    The Committee on Ordinance to whom was referred an order Order:  That the DPW Superintendent and Police Chief come to the Ordinance Committee to discuss the prevention Ordinance of Panhandling at the following locations by creating or erecting barriers for Panhandler’s to freely walk along the Road side soliciting money and interfering with the traffic flow:
1) Hampden and Northampton st.
2) Dwight and Northampton st.
3) Main Street by 391
4) 391 Main Street exit
5) 391 and High St.
6) Maple st and Resnic Boulevard
7) Whiting Farm Rd – Mall entrance  Recommend that the order be adopted for DPW to begin pilot implementation of 2 to 3 intersections

18.    Finance Committee Reports (if any)

18A.    The Committee on Finance to whom was referred a Financial Transfer Request of $300,000 FROM: Charter School Assessment TO: Unemployment  Recommend that the order be adopted

18B.    The Committee on Finance to whom was referred a Financial Transfer Request of $37,500 From Short-term interest/Library Financial Manager/ Library Night Assistant/ Motor Equipment Operator TO: Expenses (HALO Rent)  Recommend that the order be adopted

18C.    The Committee on Finance to whom was referred a Financial Transfer Request of $400,000 FROM: Free Cash TO: Expenses (Transportation)  Recommend that the order be adopted

18D.    The Committee on Finance to whom was referred an order  that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT AND EQUIPMENT GRANT” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.
 Recommend that the order be adopted

18E.    The Committee on Finance to whom was referred an order Financial Transfer Request of $321,000 FROM: Charter School Assessment TO: Expenses (Transportation)  Recommend that the order be adopted

18F.    The Committee on Finance to whom was referred an order, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “UNDERAGE ALCOHOL ENFORCEMENT GRANT” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.
 Recommend that the order be adopted

18G.    The Committee on Finance to whom was referred an order, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “SUSTAINED TRAFFIC ENFORCEMENT PROGRAM GRANT” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the order be adopted

18H.    The Committee on Finance to whom was referred an order that Dr. Zrike meet with the Finance sub-committee to discuss the City of Holyoke not making Net School Spending for the 2016 school year. Please submit documentation for the school year.  Recommend that the order has been complied with

18I.    The Committee on Finance to whom was referred an order that: Pursuant to our conversation at the recent Finance committee meeting, April 26, I am requesting the line item budget for this fiscal year and the last three fiscal years for the Holyoke Public schools and any other programs that come through your department, such as the Halo program, for example.  Please have this provided to the Finance Committee with in ten business days.   Recommend that the order has been complied with

19.    Public Safety Committee Reports (if any)

20.    Public Service Committee Reports (if any)

21.    Development and Governmental Relations Committee Reports (if any)

21A.    The Committee on Development and Governmental Relations to whom was referred an order Special Permit application of United Material Management of Holyoke Inc. for 7.2.13(a) Motor Vehicle Repair Garage in an IG zone at 700 Main St. Holyoke Assessors Map 055 Block 0000 Parcel 006  Awaiting disposition

21B.    The Committee on Development and Governmental Relations to whom was referred an order  that the Honorable City Council vote to approve the Order of Taking to acquire by eminent domain and in fee simple absolute a 4,304 square foot parcel located at 515 – 519 Dwight Street for the construction of the Center City Pedestrian Plaza, and to award damages for said taking in the amount of $20,000.00.   Said parcel at 515 – 519 Dwight Street is identified by Holyoke Board of Assessors as Map 013, Block 04, Parcel 004. A Copy of the Order of Taking is attached hereto.  Awaiting disposition

21C.    The Committee on Development and Governmental Relations to whom was referred Special Permit application of Mr. Anthony Valentino to “reconstruct, extend, alter, or change a nonconforming structure (4.7.3) at 24 Old Ferry Rd.  Awaiting disposition

21D.    The Committee on Development and Governmental Relations to whom was referred Special Permit application of Mt. Tom Solar LLC for a special permit amendment for 200 Northampton St. (Assessors Map: 226 Block:00 Parcel: 009/ Map 223 Block:00 Parcel: 19 Easement Agreement- Access Road) For addition of a battery storage system, updated compensatory flood storage and southern access road improvements with the Floodplain Overlay District  Awaiting disposition

21E.    The Committee on Development and Governmental Relations to whom was referred Special Permit application of T-Mobile Northeast LLC for a Wireless Communication Facility at 1221 Main St. Assessor’s Map 119 Block 00 Parcel 0001
 Awaiting disposition

21F.    The Committee on Development and Governmental Relations to whom was referred Special Permit application of William Johnson to operate a motor vehicle repair garage at 170 Main St. (7.2.13 (A)  Map 030 Block 01 Parcel 002 DGR Draft Agenda:  Awaiting disposition

21G.    The Committee on Development and Governmental Relations to whom was referred Special Permit application of William Johnson to operate a used motor vehicle facility at 170 Main St. (7.2.13) Assessors Map 030 Block 01 Parcel 002  Awaiting disposition

22.    Charter and Rules Committee Reports (if any)

23.    Joint City Council and School Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

24.    LOPEZ    –    That the handicap parking space at 39 Vernon St be removed (disabled child move out of the area).

25.    LOPEZ    –    That the Fire Dept. Chief provide a copy of the final agreement with Action Ambulance (including how much the City is receiving for housing the Ambulances in the Fire Station).  Also, a copy of the liability/work compensation insurance in case any Action employee gets hurt in any of the fire stations.(copies within 10 days)

26.    LOPEZ    –    That the Police Chief provide the City Council an update regarding the 2 million dollars Bond for Police radios, Tower and so on.

27.    LOPEZ    –    That the Ordinance Committee and the law department establisher look into a new ordinance for solicitation/panhandling  near any interceptions in the city that will not be allowed at least 200 Ft from any interceptions, Schools, Library, Stores, and day care.  Also, that any solicitation or panhandling Person/Organization obtain a $5.00 permit from the City Council.  Any medians in the City will have no loitering signs and a fine of $50.00 for anyone without a permit.

28.    MCGEE    –    Order the DPW/forestry dept remove the tree on the tree belt between 41 and 33 George street.

29.    MCGEE    –    Order that the DPW/forestry dept remove the tree on the tree belt in front of 79 George street.

30.    MCGEE    –    that HG&E replace and/or repair the street light near 23 Steiger Road ASAP.  Also, that the HG&E review and assess if another light is needed in that area.

31.    MCGEE    –    that there be and is hereby appropriated by transfer in the fiscal year 2017, Six-hundred fifty and 00/100 Dollars ($650.00) as follows:

FROM:
11612-53030    Printing and Binding        $650.00
        TOTAL:    $650.00
TO:
11611-51240    Pay- Temp Seasonal        $650.00
        TOTAL:    $650.00

32.    MCGEE    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Diverting Juveniles and Emerging Adults from Criminal Justice System Involvement” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

33.    MCGEE    –    that DPW replace the missing pinehurst street sign st the corner of pinehurst and west franklin.

34.    ROMAN    –    That a handicap sign be placed in front of 68 Cabot St. for Ann M. Alicea.

35.    ROMAN    –    That a handicap sign be placed in front of 577 South Bridge St. for Nathanael Santiago.

36.    ROMAN    –    That the recreational Marijuana Moratorium is amended to end either July of 2018 or at a time when local ordinances are in place, whichever is first.

37.    ROMAN    –    that the no parking sign in front of 61 Commercial Street be removed.

38.    ROMAN    –     that the City of Holyoke establish an ordinance that would regulate the maintenance of vacant and/or foreclosed residential properties and foreclosures of owner-occupied residential properties.  “Foreclosure Ordinance”

39.    ROMAN    –    that the City of Holyoke establish an ordinance that would facilitate the mediation of mortgage foreclosures of owner-occupied residential properties. “Mediation Ordinance.”

40.    ROMAN    –    That the department place signage on 60 Hamilton Street, for the Public Parking Lot, residents and businesses are unaware that this lot is a public parking lot.

41.    ROMAN    –    that the attached letters from Morgan School’s 8th grade in support of the Parks Bond Package for the repair of Valley Arena Park be submitted to the Development and Government Relations Committee.

42.    BARTLEY    –    The City Council invite the Board members of Holyoke Media to a DGR meeting.  Per its website, the company is a registered 501 (c) (3) private, non-profit, corporation and the board members are: Ali Pinschmidt, Carey Baker, Peter Albert Williams, Jennifer Myszkowski, Mark Wotton, Michael Hines, and Denis Luzuriaga. If the Mayor could attend that would be great, too.  The following is from the Mayor’s press release on the City’s new COMCAST contract:  
Quarterly payments to the City for PEG Access/Cable-Related funding as follows:
·    4% of its Gross Annual Revenues (“GAR”) (plus fees) for Years 1 & 2; (approximately $400,000)
·    4.5% of its GAR for Years, 3, 4 & 5; (approximately $450,000)
·    5% of its GAR for Years 6, 7, 8, 9 & 10 (approximately $500,000)
·    Under the 2003 Renewal license, the City received 1.5% of its GAR which totaled to approximately $126,000 per year.  In contrast, annual funding in the new license will increase the City’s revenue to approximately $400,000 in the first year alone.
·    This funding will enable the Holyoke PEG Access non-profit entity to produce more local programming for Holyoke cable subscribers, train more citizens to use the PEG Access equipment, work with the Holyoke schools and students to produce educational programming, etc.
Comcast will provide a total of $603,000.00 for PEG Access capital purposes, an increase from the 2003 license, which provided $25,000 for capital purposes

43.    BARTLEY    –    The DPW superintendent and the City Forester be invited to a Public Safety committee meeting to discuss removing dead trees and tree stumps as well as planting replacement trees.  Please be prepared to discuss an action plan that includes a budget.  If the Mayor could attend that would be great, too.

44.    BARTLEY    –    that the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer from United Material Management to purchase a parcel of land located at 689 Main Street for $30,000. Said Parcel contains approximately 0.47 acres and is described in Holyoke Assessors’ records as Map 055, Block 00, Parcel 009 and being more particularly described in deeds recorded in the Hampden County Registry of Deeds Book 15715, Page 166 and further described in Book 5493, Page 108. The parcel is zoned General Industry (IG) and has an assessed value of $24,600.  Mayor’s acceptance letter and additional information has been submitted to the Council.

45.    BARTLEY    –    that the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer from Thomas Cusano to purchase a parcel of land and a building located at 1 Cabot Street for $200,000.  Said property is described by Holyoke Assessors’ records as Map 048, Block 01, Parcel 010, containing approximately 2.289 acres with a building approximately 200,000 square feet in size. The property is more particularly described in Hampden County Registry of Deeds Book 19236, Page 490 and further described in Book 9871-021.  The property is zoned General Industry (IG) and has an assessed value of $410,200.  Mayor’s acceptance letter and additional information has been submitted to the Council.

46.    BRESNAHAN    –    Order that Fire Chief pond request the ISO to provide in writing whether or not the closing of an Engine 2 will impact our ISO rating

47.    BRESNAHAN    –    that the DPW consider placing a sign at the parcel of land just before the parking lot at Kenney field that reads Slow Children At Play or similar wording to let drivers know there is a field/playground ahead

48.    GREANEY JR.    –    Ordered that the Holyoke Police Department provide the pan handlers in the City a list of all social and medical services available to them. If they continue to pan handle after notification and resist help, we will order more forceful action to deal with this public safety problem on our medians and intersections.

49.    GREANEY JR.    –    that the Holyoke School Department provide the City
    MCGEE        Council with a spread sheet of all test scores including
            MCAS data from the onset of State receivership to
            the present.  This data should include testing results
            from K through Grade 12., student performance was
            a primary reason why the schools were placed in receivership
            so the Council would like to receive this information
            to see how our student performance has improved.
    

50.    JOURDAIN    –    Ordered, an ordinance change so that Loudspeaker permits for use on city property shall be issued by the City Council and not the Chief of Police.

51.    JOURDAIN    –    through Ordinance that the Criminal Analyst position
    ROMAN        established by the Police Department be created.  
            

52.    LEAHY    –    Ordered that the Forestry department cut down the dead Tree located in front of 21 Vadnais Street. Dead branches are falling monthly onto the side walk.

53.    LEAHY    –    Order that the department of public works installs a much larger sign on the corner of Hampden and Lincoln Street that reads use turn signals. The sign that is there currently is extremely small and people do not see it. This causes a large back up of traffic.

54.    LEAHY    –    Order that the department of public works installs a much larger sign on the corner of Hampden and Lincoln Street that reads use turn signals. The sign that is there currently is extremely small and people do not see it. This causes a large back up of traffic.

55.    LEAHY    –    That the Board of Health And Tapestry Health, Please report to the City Council public Safety Committee concerning the needle exchange. Please bring Statistics. For the last fiscal year. Also a plan moving forward on the large amounts of dirty needles found all over Holyoke.

56.    LEAHY    –    the City of Holyoke creates an ordinance that requires a group or business that hands out or exchanges needles be required to have the needles marked with a specific color. This will help our board of health and police department identify where the needle originated from.

57.    LEAHY    –    the City asks Tapestry to make the dirty needle hotline available on the voice mail, website and the Facebook page.

58.    LEBRON-MARTINEZ    –    Request per Lyman Terrace tenants that John Street , Oliver and  lower Hampden Street be  designated for those residents living within Lyman Terrace. Suggesting that tenants be provided with parking stickers per household since they feel parking becomes limited when those who come to work in downtown and park around the corridor.

59.    LEBRON-MARTINEZ    –    an order requested per The VFW/Military of the Purple Heart  that a sign be placed on the closest pole to the Vietnam Veterans Memorial Bridge to be place on the Holyoke side. The bridge is state property so it needs to be on a pole vs the bridge.

60.    LISI    –    that the City Council Ordinance Committee hold a joint
    LEBRON-MARTINEZ        public hearing with the Planning Board on the creation
    ROMAN        of zoning ordinances related to recreational marijuana
    SULLIVAN        cultivation, production, and retail locations (State
    VALENTIN        legislation is due to come out by the end of next
            month).

61.    LISI    –    that the City Council consider adopting a program
    LEBRON-MARTINEZ        similar to Albequerque, NM’s “There’s a Better Way”
    ROMAN        or Portland, OR’s “Opportunity Crew” as an innovative
    VALENTIN        and productive means for addressing the city’s panhandling
            issues with meaningful work-based alternatives (see
            links: https://www.cabq.gov/mayor/priorities-initiatives/initiatives/theres-a-better-way,
            https://nationswell.com/tulsa-better-way-day-jobs-panhandlers/,
            http://www.pressherald.com/2017/03/05/to-panhandlers-program-may-offer-welcome-change-jobs/)
            

62.    LISI    –    that the City of Holyoke create a Retail Center (RC)
    ROMAN        zone for large-scale districts, taking into account
            both present tenancies and desired future development
            of such properties, with appropriate criteria to ensure
            proper uses and promote continued mixed commercial
            / retail development in Holyoke (re-file from 4/2016
            due to inaction by committee chair)

63.    LISI    –    that the City of Holyoke rezone the following parcels
    ROMAN        to Retail Center (RC) in an effort to create a cohesive
            regional destination district of mixed commercial
            / retail uses in which all property owners will share
            the same regulations towards development.:117-00-005,
            174-00-013,174-00-013A,174-00-013,174-00-016, 174-00-017,
            174-00-018, 174-00-020, 174-00-021, 174-00-022, 174-00-024,
            176-00-010B, 176-00-010C, 176-00-013, 176-00-014,
            176-00-014.1, 176-00-027, 176-00-028, 176-00-029,
            (re-file from 4/2016 due to inaction by committee
            chair)

64.    LISI    –    that the City of Holyoke remove from its Code of Ordinances,
    ROMAN        Appendix A, Zoning Ordinance, Section 8.3 “Shopping
            Center Districts” and any other references to said
            zone and replace with Retail Center (RC), (re-file
            from 4/2016 due to inaction by committee chair)
    

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.  
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law

    ______________________________
                  City Clerk


Posted on June 2, 2017 by