Events

Holyoke City Council Meeting Text Size

Event takes place on March 04, 2014 at 7:00 PM
City Council Chambers, City Hall, Holyoke, MA

    From City Clerk & Administrative Ass’t. to City Council, minutes of previous meeting of the City Council for Feb. 4, 2014

PUBLIC COMMENT

COMMUNICATIONS

2.    From Mayor Alex B. Morse, letter re:  veto of agenda item #14, received and adopted January 7, 2014

3.    From Mayor Alex B. Morse, letter appointing Ms. Janet Stupak, 1 Williams St. to serve as a member on the Library Board of Directors, Ms. Stupak will fill the vacant seat of Ms. Shauna Hickey and will serve the remainder of Ms. Hickey’s term; said term will expire on August 2014 and then, a two year appointment from that date.

4.    From Mayor Alex B. Morse, letter re:  Appointment of Director of Veterans Services – James Mahoney;   Mr. Mahoney’s term shall be for one (1) year from the date of confirmation.

5.    From City Clerk Brenna Murphy McGee and Ryan Allen Administrative Ass’t. to the City Council, minutes of previous City Council meeting of February 18, 2014

6.    From City Clerk Brenna Murphy McGee, previous minutes of the special meeting of the City Council on February 26, 2014

7.    From City Treasurer, Jon D. Lumbra, letter re:  property awarded to the City via Land Court Decree located at 501 South Bridge St.

8.    From Alicia M. Zoeller, Administrator, Office of Community Development, letter re:  FFY 2014 CDBG Recommendations Consolidated Plan

9.    From Holyoke Economic Development and Industrial Corporation, minutes of Annual meeting of Nov. 21, 2013 and minutes of regular meetings of Nov. 21, & Dec. 11, 2013

10.    Thank you letter from Aaron and Debra Vega for the gift in honor of the birth of their son Odin.

PETITIONS

11.    Petition of Gerardo Ramos of 275 Sargeant St. for a renewal of a home occupation for wholesales of Corals & marine fish

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

12.    Ordinance Committee Reports (if any)

12A.    The Committee on Ordinance to whom was referred an order that the City Council amend Section 2-87 of the Ordinances to increase the fees for birth, death, and marriage certificates from $7 to $10.   Recommend that the order be adopted

12B.    The Committee on Ordinance to whom was referred an order that Parks and Recreation Commissioners come before the City Council to discuss what we can do to make our public parks smoke free  Recommend that the order be adopted as amended

12C.    The Committee on Ordinance to whom was referred an order that the City of Holyoke adopt a no smoking policy around or outside of any City building Recommend that the order be adopted as amended

12D.    The Committee on Ordinance to whom was referred an order any residential or commercial property purchased by a charitable organization (other than a church) be required to make payments in lieu of taxes (PILOT) to stop the erosion of our tax base.  To the extent allowed by law and given any required notice, that current properties owned by charitable organizations (other than a church) be given notice that they will be required to make payments in lieu of taxes.  Recommend that the order be given leave to withdraw

12E.    The Committee on Ordinance to whom was referred an order That Chapter 90, Article III, Division 2 Industrial Wastewater Discharges be modified to accommodate new Pretreatment Streamlining Rules passed by EPA and required as a condition of the city’s NPDES Wastewater Discharge Permit. Recommend that the order be given leave to withdraw

12F.    The Committee on Ordinance to whom was referred an order that Sec.2-113 Assistant City Treasurer be adopted by the City Council. Recommend that the order be given leave to withdraw

12G.    The Committee on Ordinance to whom was referred an order That the Chief of Police use all efforts to enforce the Noise Ordinance, particularly from Motor Vehicles  Recommend that the order be given leave to withdraw

12H.    The Committee on Ordinance to whom was referred an order that the City Council invite the permitting group in to discuss the criteria and process involved in slating buildings for demolition
 Recommend that the order be given leave to withdraw

12I.    The Committee on Ordinance to whom was referred an order That the City /Mayor look into a violator funded automated traffic violation system for speeders and red light infractions.  Refer to Ordinance Committee/ copy to Mayor  Recommend the order be given leave to withdraw

12J.    The Committee on Ordinance to whom was referred an order That the Council adopt an ordinance to allow the Treasurer and/or Tax Collector to enter into payment agreements for properties with back taxes and in tax title   Recommend that the order be given leave to withdraw

12K.    The Committee on Ordinance to whom was referred an order that the Rules and Orders of the City Council be changed to reflect the following new rule.   That any order scheduled to be taken up in subcommittee on the same date as a regularly scheduled meeting of the full City Council, that the results of such sub committee meeting shall be placed on the following agenda of the full City Council.
 Recommend that the order be given leave to withdraw

12L.    The Committee on Ordinance to whom was referred an order that when the Tax Collector signs off that taxes are paid, that he include any tax agreements as well.
 Recommend that the order be given leave to withdraw

12M.    The Committee on Ordinance to whom was referred an order the City Council add an ordinance (developed in collaboration with animal experts) to permit the managed care of feral cats that includes a formal TNR program with the goals of reducing the number of feral cats and increasing the number of neutered and vaccinated cats and gives the Animal Control Officer clear authority to remove an animal that is documented to be causing a nuisance. Recommend that the order be given leave to withdraw

12N.    The Committee on Ordinance to whom was referred an order the City of Holyoke develop a plot-plan ordinance which would include a survey of the land by a professional surveyor for new structures that require foundations. Recommend that the order be given leave to withdraw

12O.    The Committee on Ordinance to whom was referred an order The ordinance committee strengthen our ordinances that effect housing or keeping swine, chickens, rosters and other animals that could cause potential diseases and harmful effects in a non-farm setting.  Section 14-12 Keeping fowl. “No fowl shall be kept or maintained within the limits of the city except where allowed by zoning regulations. Recommend the order be given leave to withdraw

12P.    The Committee on Ordinance to whom was referred an order The position of City Treasurer be changed from an elected position to a position appointed by the mayor and confirmed by city council.  That a job description of responsibilities be created and minimal qualifications for the position be created by ordinance. Recommend the order be given leave to withdraw

12Q.    The Committee on Ordinance to whom was referred an order :   that the City Council convene a dialogue with resident cat owners and professionals who participate in Trap-Neuter-Release (TNR) programs in the City of Holyoke to discuss the scope and merits of the program and ways that it can effectively be tailored or limited, so as to not interfere with the quality of life of neighbors living near residents participating in TNR programs. Recommend that the order be given leave to withdraw

12R.    The Committee on Ordinance to whom was referred an order :  That an ordinance be created in accordance with and to implement M.G.L. Ch. 40U, which was adopted by the City Council earlier this year, relative to the collection of municipal fines Recommend that the order be given leave to withdraw

12S.    The Committee on Ordinance to whom was referred an order :  that the City Council review its agenda and determine a way for the Mayor to file proposals that the City Council can act on without a City Councilors name. Recommend that the order  be given leave to withdraw

12T.    The Committee on Ordinance to whom was referred an order :  that the classification schedule for the Assistant City Treasurer be adopted as attached. Recommend that the order be given leave to withdraw

12U.    The Committee on Ordinance to whom was referred an order:  that Appendix A be amended to correctly state that the fee for the special permit for Used and New Car Sales is a $550.00 non-refundable application fee and the fee for special permit for Motor Vehicle Repair Garage, MV Service Station, MV Body repair or paint shop be $350.00 non-refundable application fee; collected at time of application.  Recommend that the order be given leave to withdraw

12V.    The Committee on Ordinance to whom was referred an order That the Planning Department and the Law Department recommend language that appropriately defines density for condominium zoned parcels.·     Recommend that the order be given leave to withdraw

12W.    The Committee on Ordinance to whom was referred an order that the job description for the Deputy Treasurer job be reviewed and modified recommend the order be given leave to withdraw

12X.    The Committee on Ordinance to whom was referred an order that the License Commissioners legally designate a person to handle enforcement of the City Ordinances Recommend the order be given leave to withdraw

12Y.    The Committee on Ordinance to whom was referred an order a handicap space be placed at 267 Walnut St. Placard# PO1598681  Recommend that the handicap application be denied

13.    Finance Committee Reports (if any)

13A.    The Committee on Finance to whom was referred  an order that there be and is hereby appropriated by transfer in the fiscal year 2014, Forty Thousand Four Hundred Twenty Nine & 00/100 Dollars ($40,429) as follows:
FROM:
*****-*****           General Fund Free Cash                        $40,429
                        TOTAL: $40,429
TO:
15411-51104      Pay – Utility Person (Kitchen)                  $3,929
15412-52100      Energy-Gas/Oil/Electric              15,000
15412-52300      Water & Sewer              11,000
15412-52500      Rep. & Maint.-Bldgs. & Grounds                        3,000
15412-54000      Supplies-Bldgs. & Grounds                   1,000
15412-54200      Office & Professional Supplies              1,500
15412-54220      Supplies-Other              5,000
                        TOTAL: $40,429  Recommend that the order be approved

13B.    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 “LEPC 2014 HAZMAT EXERCISES & SUPPLIES” 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 grant be approved

13C.    The Committee on Finance to whom was referred a Financial Transfer $2,000 FROM General Fund Free Cash TO Pay Overtime  Recommend that the transfer be approved

13D.    The Committee on Finance to whom was referred a Financial Transfer $57,779 FROM General Fund Free Cash TO: Pay Vacation Buyback ($6,497) and Pay Sick Leave Buyback ($51,282) Recommend that the transfer be approved

13E.    The Committee on Finance to whom was referred a Financial Transfer $8,085 FROM General Fund Free Cash TO: Pay Vacation buyback (3,085) and Pay Sick Leave Buyback ($5,000) Recommend that the transfer be approved

13F.    The Committee on Finance to whom was referred an order that the amount of Five Thousand Fifty One & 89/100 Dollars ($5,051.89) be authorized from the Police Department’s 2013 Shannon Grant (1394-52000) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end  Recommend that the grant be approved

13G.    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 “C.I.T. JAIL DIVERSION PROGRAM” 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 grant be approved

13H.    The Committee on Finance to whom was referred an application for a Junk Dealer’s License for Zaburov Bobur at 50 Holyoke St. (Holyoke Mall) Recommend that the license be approved

13I.    The Committee on Finance to whom was referred an application for a Pawn Broker license for Dominick Phan at 673 High Street  Recommend that the license be granted

13J.    The Committee on Finance to whom was referred an application for a Secondhand License Application for Dominick Phan at 673 High Street  Recommend that the license be approved

13K.    The Committee on Finance to whom was referred an application for a Secondhand License Application for Ernest Sprague at 245 Whiting Farms Rd. Recommend that the application be denied without prejudice

13L.    The Committee on Finance to whom was referred an application for a Junk Dealers license for Dominick Phan for 673 High St.  recommend application be approved

14.    Public Safety Committee Reports (if any)

14A.    The Committee on Public Safety to whom was referred an order Ordered DPW Superintendent, Conservation Commission Director and Representative from United Water appear before the City Council to discuss drainage problems at intersection of Michigan Ave and Erie Ave Recommend that the order has been complied with

14B.    The Committee on Public Safety to whom was referred an order that Bill Fuqua and Tim Price present a cost analysis for the City DPW to start a recycling pickup program for business in Holyoke Recommend that the order has been complied with

14C.    The Committee on Public Safety to whom was referred an order that the DPW come before the Public Safety Committee to discuss installing blue flashing lights around the city to alert residents of plowing  Recommend that the order has been complied with

14D.    The Committee on Public Safety to whom was referred an order that DPW and the City Engineer present realistic options to address the constant speeding issues on Hampden St.  Recommend that the order has been complied with

14E.    The Committee on Public Safety to whom was referred an order that the cross walk on Hampden St. at Clinton Ave. be examined by the City Engineer and recommendations be made to improve safety for pedestrians  Recommend that the order has been complied with

14F.    The Committee on Public Safety to whom was referred an order that the City provide homeowners with a covered recycling bin in areas where traffic, wind or animals cause the contents of the open bins to become litter on the street Recommend that the order has been complied with

14G.    The Committee on Public Safety to whom was referred an order that DPW and City Engineer reexamine the cross walk on South Street that allows pedestrians to go from South street to the Whole Donut Recommend that the order has been complied with

15.    Public Service Committee Reports (if any)

15A.    The Committee on Public Service to whom was referred a Mayoral appointment of Maria Ferrer to the Holyoke Redevelopment Authority  Recommend that the appointment be confirmed

15B.    The Committee on Public Service to whom was referred an order that the Holyoke License Board appear before the City Council to present the amount of revenue collected by the City and any associated expenses needed to enforce compliance with local ordinances and State laws and provide an explanation as to why Holyoke suddenly has four new liquor licenses Recommend that the order has been complied with

15C.    The Committee on Public Service to whom was referred an order that the Holyoke City Council go on record opposing closing the City Clerks office to the public during Election day’s .
 Recommend that the order has been complied with

15D.    The Committee on Public Service to whom was referred application for Timothy Wright for a Home Occupation Permit Recommend that the application be denied

16.    Redevelopment Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

17.    LEAHY    –    requesting that the Mayor, call a special meeting and bring in the Commissioners and the Executive Director of the Geriatric Authority along with Cheryl Dugre of the retirement board to discuss what is happening with the Geriatric Authority.

18.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Fifty Two Thousand Five Hundred & 00/100 Dollars ($52,500) as follows: (Police)

FROM:
12101-51109    Pay – Police Reserves        $52,500
        TOTAL:    $52,500
TO:
12102-53190    Education & Training        $16,500
12102-53210    Medical Costs        20,430
12102-55860    Personnel Equipment        15,570
        TOTAL:    $52,500

19.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Fifty Five Thousand & 00/100 Dollars ($55,000) as follows:(Police)

FROM:
*****-*****    General Fund Free Cash        $55,000
        TOTAL:    $55,000
TO:
12102-54800    Motor Vehicle Fuel        $55,000
        TOTAL:    $55,000

20.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, One Hundred Thirty Thousand & 00/100 Dollars ($130,000) as follows: (DPW)

FROM:
*****-*****    General Fund Free Cash        $130,000
        TOTAL:    $130,000
TO:
14252-53100    Snow Removal Services        $130,000
        TOTAL:    $130,000

21.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Twenty Five Thousand & 00/100 Dollars ($25,000) as follows: (City Solicitor)

FROM:
19412-57630    Claims & Damages – General        $25,000
        TOTAL:    $25,000
TO:
11512-53010    Special Counsel Services        $25,000
        TOTAL:    $25,000

22.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Thirty Five Thousand & 00/100 Dollars ($35,000) as follows: (City Solicitor)

FROM:
*****-*****    General Fund Free Cash        $35,000
        TOTAL:    $35,000
TO:
11512-53010    Special Counsel Services        $35,000
        TOTAL:    $35,000

23.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Twenty Seven Thousand Three Hundred & 00/100 Dollars ($27,300) as follows: (Fire)

FROM:
*****-*****    General Fund Free Cash        $27,300
        TOTAL:    $27,300
TO:
12202-52410    Rep. & Maint. – Vehicles        $27,300
        TOTAL:    $27,300

24.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Thirty Four Thousand & 00/100 Dollars ($34,000) as follows: (City Solicitor)

FROM:
*****-*****    General Fund Free Cash        $34,000
        TOTAL:    $34,000
TO:
11512-57600    Litigation        $34,000
        TOTAL:    $34,000

25.    MCGEE_T    –    DPW install no trespassing signs in and around the dingle area between Holyoke high school and peck school.  There have been several complaints with regard to fights, drugs, fires and dumping

26.    MCGEE_T    –    park and rec/legal department look into taking over the dingle area in order to expand the crosier field area

27.    MCGEE_T    –    DPW repair the guardrail at West Franklin and St. Jerome.

28.    MCGEE_T    –    City Council establish a “property committee” to work with the City on tax delinquent properties

29.    MCGEE_T    –    Order that proclamation be issued to Kathy Bowler for her outstanding work and care for elderly adults in the City of Holyoke

30.    SOTO    –    the School department provide the City Council with its sick leave policy for its employees, also please provide any details of any sick bank that may exist

31.    SOTO    –    that Section 6.4.6, Signs in Business and Industrial Districts, be amended to include an expanded BH (Business Highway) district classification area allowing up to 200 square feet by right and up to 300 square feet with a Special Permit of the Planning Board (6.4.6.4) for individual business uses having floor areas greater than 25,000 square feet.

See Section 6.4.6.2 above for multi-tenant sites.
*Signs for businesses within the DR Zoning District shall comply with the above regulations.  All residential uses within the DR District shall comply with Section 6.4.5 Signs in Residential Districts.
**Signs for businesses within the BH Zoning District having 25,000 square feet or more of floor area.   ( see attached chart)

32.    SOTO    –    a handicap placard be created for Juana Ramos at 318 Elm St. placard #P71079571 expiring Jan. 31, 2016

33.    SOTO    –    That the Holyoke Geriatric Authority Board temporarily eliminate payments of stipends to board members due to the recent financial difficulties.

34.    VACON    –    appropriate representatives/contractors of the library come before the City Council to provide updates on warrantees and resolution of the roof leaks at the new library.

35.    ALEXANDER    –    Whereas:  It has been observed by many on the Council that there are a large number of Uses currently regulated by a Council Special Permit that may be better handled by the Planning Board

Ordered: That each Zone/Use pair in Zoning Ordinance Table 4.3 (Principal Uses) and related zoning legislation be considered for amendment to update the permit requirement where a use-by-right requires a permit, from Special Permit of the City Council to a Special Permit by the Planning Board, under all the conditions currently required for issuance of the same Permit by the City Council, for the all Zones and Uses where a City Council Permit is required, as follow:

Multi family Dwelling (IG, SC)
Boarding House (RM20, RM40, RM60, RO, DR, BL, BC, BG, BH)
Mobile Home Park (RA)
Planned Unit Development (RA, R1, R1A, R2, RM20, DR)
Retirement/Assisted Living (RA, R2, RMLD, RM20, RM40, RM60, RO, DR, BL, BC, BG, BH, BE)
Conversion to Dwelling (DR, BE)
Cemeteries, Private (RA)
Essential Services (RA, R1, R1A, R2, RMLD, RM20, RM40, R60, RO, DR, BL, BC, BG, BH, BE, IG, WM, IP, OP)
Funeral Home (RM40, RM60)
Non-Exempt Educational Use (BE)
Hotel (IP, OP)
Bed & Breakfast (RA, R1, R1A, R2, RM20, RM40, RM60, RO, DR, BL, BC, BG, BH)
Retail with Incidental Wholesale or Manufacturing (BE)
Trailer or Boat Sales (BH, BE, IG)
Repair/Body Shop (BH, BE, IG)
Service Station (BG, BH, BE, IG)
Service Station with Convenience Store (BG, BH, BE, IG)
Repair Shop (BG, BH, BE, IG)
Car Wash (BH, BE)
Restaurant (BL, BG, BE, SC)
Bank (IP)
Bank Under 2500 sqft (IP)
Commercial Drive Through (DR, BL, BC, BG, BH, BE, IG)
Arcade (BE)
Racetrack (RA, BH)
Social/Civic Club (RA, R1, R1A, R2, RM20, RM40, RM60, DR, BE)
Adult Entertainment (BC, BG, BE, IG)
Wireless Comm Facility (All Zones)
Warehouse/Distribution/Mini Storage (BE)
Bulk Fuel Storage/Distribution (BH)
Refuse Transfer Station (WM)

36.    ALEXANDER    –    Whereas:  The City of Holyoke has a Parking Advisory Board charged with recommending parking policies and rates, AND a Department of Municipal Parking, charged with management of the City’s parking facilities

Ordered: That the Director of the Department of Municipal Parking, working with the advice of the Parking Advisory Board, be granted the authority to set regular and special rates for all city parking facilities, including both on-street and off-street parking

37.    ALEXANDER    –    Whereas: The City Council engages in many administrative decisions that are distractions from its legislative mission and purpose

Ordered:  That Chapter 22 Sec 22-71 (Auction Licenses) be amended to replace issuance by the City Council with issuance by the License Commission, and that section 22-73 (Fee) be amended to remove reference to a specific amount and the setting of such fee be granted to the License Commission.

38.    ALEXANDER    –    Whereas: The City Council engages in many administrative decisions that are distractions from its legislative mission and purpose

Ordered:  That Ordinance Sec 10-51 (Billiard etc. licenses) be changed to require a license issued by the License Commission rather than the City Council.

39.    ALEXANDER    –    Whereas: Chapter 62 (Peddlers, Hawkers & Solicitors refers to a class of specific Businesses,  

Ordered:  That Chapter 62 be reviewed for (a) streamlining, (b) inclusion as one or more Divisions of Chapter 22 (Businesses), (c) to revise section 62-32 (Peddler’s License- Registration Required)’s requirement of a Police-issued Permit with a License Commission-issued License, (d) to revise section 62-93 (Hawker’s License- Issuance) replacing the City Council with the License Commission as Issuing Authority, and (e) d) to revise section 62-33 and 62-94 removing the reference to specific permit fees and granting the setting of such fees to the License Commission

40.    ALEXANDER    –    Whereas: Chapter 65 (Secondhand Goods) refers to a class of specific Businesses,  

Ordered:  That Chapter 65 be reviewed for (a) streamlining, (b) inclusion as one or more Divisions of Chapter 22 (Businesses), (c) to revise section 66-61 (License) replacing the City Council with the License Commission as the Issuing Authority, (d) that section 66-65 (Fees) be revised to eliminate reference to specific fees and grant fee-setting authority to the License Commission

41.    ALEXANDER    –    Whereas: Chapter 65 (Secondhand Goods) refers to a class of specific Businesses,  

Ordered:  That Chapter 98 be reviewed for (a) streamlining, (b) inclusion as one or more Divisions of Chapter 22 (Businesses), (c) to revise all appropriate sections replacing the City Council and/or the Chief of Police with the License Commission as the Issuing Authority, (d) that all appropriate sections be revised to strike reference to specific fees and to grant fee-setting authority to the License Commission

42.    ALEXANDER    –    Whereas: ordinance Chapter 94 (Vegetation) and Ordinance Appendix B (Wetlands Protection) reasonably fall under the purview of Chapter 38 (Environment)

Ordered:  That these three Chapters be combined into a single section consolidating environment-related Municipal Code into a single Chapter

43.    ALEXANDER    –    Whereas: Chapter 54 (Offenses and Miscellaneous Provisions) contains twenty unrelated sections

Ordered:  That each of these twenty sections be reviewed and moved to a more appropriate location within the Code, and that Chapter 54 then be stricken.

44.    ALEXANDER    –    Whereas: The duties of the Stenographer for the City Council have been absorbed into the job of the Assistant to the City Council  

Ordered:  That (a) the Assistant’s job description (Sec 2-181 (5)) be amended to include keeping narrative minutes of all Council meetings, that (b) Chapter 2 Art II Div 9 Sec 2-251 through 2-259 creating and describing the Stenographer’s position be stricken from the Ordinance and that (c) any related budget line be eliminated.

45.    ALEXANDER    –    Whereas: The Police Department has enough on its plate

Ordered:  That Chapter 22 Article III (Fortune Tellers) be amended to replace permit issuance by the Police Department with issuance by the License Commission, that section 22-103 (Fee) be amended to remove reference to a specific amount and the setting of such fee be granted to the License Commission, and that the entirety of Article III be reviewed to streamline it and bring it into alignment with other similar regulated businesses.

46.    ALEXANDER    –    Whereas: The License Commission currently controls some but not all fees for licenses and permits issued by the Commission

Ordered:  That Chapter 22 Sec 22-1 (Miscellaneous Business License Fees) be amended to strip reference to specific fee amounts and that control over that fee schedule be granted to the License Commission

47.    ALEXANDER    –    Whereas: The City Council engages in many administrative decisions that are distractions from its legislative mission and purpose

Ordered:  That Chapter 22 Article V (Pawnbrokers) be amended to replace permit issuance by the City Council with issuance by the License Commission, and that section 22-182 (Fee) be amended to remove reference to a specific amount and the setting of such fee be granted to the License Commission.

48.    ALEXANDER    –    Whereas: Chapter 14 (Animals) is confused, redundant, and contains material relating to both commercial and individual keepers of animals in an interwoven and overlapping manner

Ordered:  That Chapter 14 be reviewed in its entirety, dividing it into separate sections for commercial and individual keepers, that redundant materials be removed and the language streamlined to accomplish the intent of the various sections of the Chapter

49.    ALEXANDER    –    Whereas: Chapter 70 (Social Services) has only one Article (Council for the Aging),  

Ordered:  That 70-31 through 70-33 be moved to Chapter 2, Article IV (Boards, Commissions & Councils), and that Chapter 70 then be stricken

50.    ALEXANDER    –    Whereas: The process for adoption of an Ordinance is governed by Rule 38 of the Council Rules and currently requires five votes to enact an ordinance, four of which are pro-forma votes

Ordered:  That Rule 38 be changed to require only the receipt of the appropriate committee report(s), Motion to Adopt the proposed Ordinance, debate, and a roll-call vote on adoption of the proposed Ordinance.

51.    ALEXANDER    –    Whereas: There are Home Occupation Permits granted both By Right and By Special Permit, et no process for review and revocation of such permits currently exists

Ordered:  That the City Clerk establish and maintain a data file of all Home Occupation Permits granted including the original application and any conditions attached thereto at granting, that this information be available for public inspection and that any complaints or enforcement actions against any Permit Holder be maintained in the same set of files.

52.    ALEXANDER    –    Whereas: There is a $100 fee for a Home Occupation Permit for a use By Right but no such fee for a Use By Special Permit

Ordered:  That Zoning Ordinance Section 4.8.2 (Home Occupation by Special Permit) be amended to include a $100 fee for a Use by Special Permit

Further Ordered that both Sections 4.8.1 and 4.8.2 be amended to specify that any permit granted thereunder is valid for one year and subject to renewal upon application and payment of an annual renewal fee to be specified by the Permitting Authority

53.    ALEXANDER    –    Whereas: The City Council engages in many administrative decisions that are distractions from its legislative mission and purpose

Ordered:  That section Ordinance Appendix A (Zoning) Section 4 .8.2 (Home Occupation by Special Permit) be amended to replace the City Council by the Planning Board as the Permit Issuing Authority

54.    ALEXANDER    –    Whereas: Sec 98-256 establishes an Ambulance Advisory Board,  

Ordered:  That Sec 98-256 be reviewed for relevance and that either (a) the Board members be appointed in accordance with the Ordinance and meet to provide advice to the City on ambulance services, or (b) the Board structure be revised as appropriate and then appointed, or (c) the board be eliminated and the appropriate language stricken from the Ordinances.

Further Ordered, that if the Board is retained by Ordinance, that the appropriate language be moved from Chapter 98 to Chapter 2 Article IV (Boards, Commissions & Councils)

55.    ALEXANDER    –    Whereas: The Code of Ordinances Chapter 30 establishes a Consumer Advisory Commission

Ordered:  That Chapter 30 be reviewed for utility and effectiveness, and that said Commission either be constituted by the appropriate appointments or that Chapter 30 be stricken in its entirety from the Municipal Code.

56.    ALEXANDER    –    Whereas: Commercial Animal Establishments (Grooming Shops, Kennels, etc) may create certain impacts on public health and safety and as such should be monitored for compliance with their licensing/permitting conditions

Ordered:  That Ordinance Sec 14-1 be altered to change the Licensing Authority for Commercial Animal Establishments from the City Clerk’s office to the License Commission, and further that Sec 14-2 be amended to remove reference to specific fees and give establishment of that fee schedule to the License Commission

57.    ALEXANDER    –    Whereas: The License Commission currently has no staff to perform license checks or other related inspections

Ordered:  That the Council create a position of Inspector of Licenses with appropriate duties and powers to ensure compliance with the conditions attached to any License or Permit granted or monitored by the Commission

58.    ALEXANDER    –    Whereas: The requirements for petition for placement of a speed hump on a city street are both vague and onerous

Ordered:  78-57 (Speed Humps) be amended as follows:

(a) a definition of “impacted segment” be included such that the impacted segment is defined as 300 feet to either side of the zone proposed for location of the Hump, or to the nearest fully signalized intersection in that direction, whichever comes first.

(b) the words “signed by at least two thirds of the property owners” be replaced by “signed by at least one occupant of at least two thirds of the residential units within the impacted segment”

(c) the words “the impacted portion” be replaced with “impacted segment” (both terms are present in the current language)

59.    ALEXANDER    –    Whereas: There are certain fixed costs associated with sewer use billing regardless of the actual usage, and these costs increase with general inflation over time

Ordered:  That section 90-90 “Sewer use Charge” be amended to replace the fixed minimum quarterly rate (currently $5.00) with a minimum quarterly rate equivalent to the 2,000 gallon rate (currently $10.80)

60.    ALEXANDER    –    Whereas: The Chapter 14 Sec 42 (Animal Waste) essentially requires that dog waste be disposed of by flushing into a sanitary sewer

Ordered:  That the Dept of Parks & Recreation make available compostable/flushable dog waste bags (“flush puppies” or equivalent”) at all locations where dog waste bags are provided, and that appropriate signage including disposal regulations be clearly posted at each such location.

61.    ALEXANDER    –    Whereas: Ordinance section 10 (Amusements) refers to Shooting Galleries, a term of some lack of clarity in 2013

Ordered:  That Ordinance Sec 10 either add a definitions section, or update the term of use “Shooting Gallery,” or drop all references to said term if appropriate, and further update the fee for a license for said activity from the current amount of $2.00 to an amount commensurate with the cost of issuing and supervising such licenses.

62.    ALEXANDER    –    Whereas: There are several hotels/motels that have converted to homeless shelters, and pay no rooms tax while availing of municipal services

Ordered:  That the Legal Dept review and present options for a tax or fee structure applicable to such businesses to be levied in lieu of the rooms tax, and generate equivalent revenue for the City.

63.    ALEXANDER    –    Whereas:  The Council is the Appointing Authority for several municipal positions, and good personnel practices should include a formal review as part of the reappointment process

Ordered:  The Supervisor of Record (Council President for the Assistant to the Council, Mayor for the Assessors, Auditor(s) and Tax Collector) provide a written review and recommendation regarding reappointment to each Council member, no less than thirty days before the earliest possible date of each reappointment.

64.    ALEXANDER    –    Whereas: There is a significant time lag between the adoption of new Ordinances and the public availability of the revisions

Ordered:  That the City Clerk create and present a plan to ensure publication online as part of a comprehensive municipal code of ordinances, any changes or revisions within 7 days of adoption by the Council.

Further ordered, that such a plan be presented within 90 days of adoption of this order, and implemented within 180 days of the authorization of any expenses necessary for its implementation.

65.    ALEXANDER    –    Whereas:

Ordered:  That the City Council adopt an Ordinance requiring owners of stores utilizing Shopping Carts to retrieve carts abandoned off-premises within a reasonable timeframe, and establishing a fine and enforcement mechanism for failure to comply.

66.    ALEXANDER    –    Whereas:  There continue to be issues with appropriate management of solid waste by private property owners and their tenants

Ordered: That city create requirement for all commercial property owners and/or tenants to file with the Board of Health a Waste Management Plan including dumpster size, frequency of pickup, hauler and other criteria as determined by the city and its Board of Health to be relevant in reviewing a locale’s ability to manage its solid waste stream.

67.    ALEXANDER    –    Whereas:  The section of Dwight from Northampton to Parker and then again  from Nonotuck to just after Whiting, and the section of Hampden from Lincoln to Pleasant are 2-lane segments in otherwise one-lane streets, and these 2-lane segments are used by motorists largely to aggressively pass other traffic,

Ordered:  That the DPW present either a plan to convert these stretches to single-lane or present an explanation of why 2 lanes are required for safety of motorists or pedestrians and are in keeping with the State’s Complete Streets guidelines

68.    ALEXANDER    –    Whereas:  Council practice is to require a statement that all taxes, fees and fines are current before granting any Council granted license or permit,

Ordered: that sec 82-3(b) of the Code of Ordinances be updated to replace the word “may” with the word “shall” in the following sentence:

Pursuant to M.G.L. c. 40, § 57 as adopted by this section of the Code of Ordinances, the city, through its licensing boards, departments, authorities and commissions, may deny any application for, or revoke or suspend a building permit, or any local license or permit, including renewals and transfers for any person, corporation or business enterprise, who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, including amounts assessed under the provisions of [M.G.L.] c. 40, § 21D or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised on or about real estate whose owner has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges.

69.    ALEXANDER    –    Whereas:  Members of the public are deserving of every consideration when addressing the Council

Ordered: That the Council adopt a Rule that members of the public shall be treated with the same decorum as fellow Councilors when present at or addressing the Council or its Committees

70.    ALEXANDER    –    Whereas:  The City of Holyoke has multiple large-scale, multi-tenant commercial districts commonly known as shopping centers, but the current SC Zone only applies to one such center

Ordered: That city create a Shopping Center Zoning Code designed for such large-scale districts, including but not limited to the Kmart Plaza (King Street), the South Street Plaza, the Holyoke Crossing Plaza, the Stop & Shop Plaza (Lincoln Street); taking into account both present tenancies and desired future development of such properties,  with appropriate criteria to ensure proper development and use of such properties; and further, that the City rezone all such properties into the new Shopping Center Zone.

71.    ALEXANDER    –    Whereas:  

Ordered: That the Council adopt an ordinance requiring that any appointees or reappointees to City Boards, Commissions, Committee’s or other official or semi-official City entities, including any such groups constituted by and for quasi-Governmental agencies such as the Geriatric Authority, Water Commission or Gas & Electric Commission, be certified as current on all city taxes, service bills, fees and fines in the same manner as is presently required of special permit applicants.

72.    ALEXANDER    –    Ordered, that the Mayor and City Council petition the General Court to enact legislation to delete the word “unpaid” from the special acts creating the Soldiers’ Memorial Commission. See attached draft legislation.

73.    BRESNAHAN    –    City provide a parking space specifically for the City Solicitor on top of the parking deck adjacent to City Hall

74.    GREANEY JR.    –    The City Council investigate the status of Holyoke Towers being turned over to the Holyoke Housing Authority and forcing the senior citizens who can least afford it to qualify for Section 8 or face a huge rent increase.

75.    JOURDAIN    –    Rule 39 relative to President signing ordained ordinances be deleted.  This is an out-dated and unnecessary procedure.

76.    JOURDAIN    –    a new rule be created that Special Meetings of the City Council may be called by the President consistent with the Mayor’s Authority in Section 12 of the Charter as follows:
The President of the City Council may at any time call a special meeting of the City Council by causing written notifications thereof, together with a statement of the subjects to be considered thereat, to be deposited in the
post office, postpaid and addressed to the persons to be notified, at least forty-eight hours before the time appointed for such meeting, or to be left at the usual place of residence of each member of the Council, at least
twenty-four hours before the time appointed for such meeting.

77.    JOURDAIN    –    Rule 18 be amended to add the words, “or member of the general public” after the word “member.”

78.    JOURDAIN    –    Rule 64 be amended as follows: RULE 64:  There will be a public comment agenda item at each regular council meeting. A time where citizens of Holyoke could  may speak freely
about City Council related issues both on and off the meeting’s agenda.  The overall amount of time allowed for this, how it is structured and limits on individual time for speaking can be discussed shall be controlled by the
City Council President. Speakers are required to maintain proper decorum and speak in respectful terms.  The City Council president would have has overall control of this aspect of the meeting.


Posted on February 28, 2014 by