Events

Holyoke City Council Meeting Text Size

Event takes place on May 07, 2013 at 7:00 PM
City Council Chamber 536 Dwight St. Holyoke MA

1.    From Mayor Alex B. Morse, Letter re: veto or order to extend the reverter clause of the Victory Theater deed to MIFA

MUNICIPAL BUDGET

2.    FY 2014 Municipal Budget

PUBLIC COMMENT

COMMUNICATIONS

3.    Minutes of Previous City Council meeting of April 16, 2013

4.    From Mayor Alex B. Morse, letter appointing Mr. Timothy Purington of 243 Oak St. to serve as the Democratic Member for the Board of Registrar of Voters; Mr. Purington is replacing Ms. Odette Czapliki and will serve a three-year term; said term will expire on March 31, 2016.

5.    From Mayor Alex B. Morse, letter re:  Sewer Rate

6.    From Mayor Alex B. Morse, letter and information requesting support for the resolution approving the Certified Project with ETC Innovation, LLC for its new location and new business at 6 Appleton St.

7.    From Jon D. Lumbra, City Treasurer letter re:  Property’s awarded to the City via Land Court decree:
12 Main St.
780 Dwight St.
433 Main St.
435 Main St.
437 Main St.
24-26 Main St.
20 Worcester Pl.
Main St. (Parcel #030-07-003 & 4)

8.    From Jon D. Lumbra, City Treasurer, letter re: April 25 tax title Auction

9.    From City Auditor, General Fund and Waste Water Treatment Plant appropriations Budget Reports as of March 31, 2013

10.    From City Auditor, special funds revenue & expense statements from July 1, 2012 thru March 31, 2013

11.    From Damian J. Cote, Building Commissioner, letter re:  request of position classification

12.    From Office of Planning and Development Notice of Decision #88 for Javier Gonzalez, 27 Jackson St.

13.    From Office of Planning and Development Notice of Decision Case #89 for Javier Gonzalez, 27 Jackson St.

14.    From Office of Planning and Development Notice of Decision #90 for Miriam Najimy( Marian Center) 1365 Northampton St.

15.    From Office of Planning & Development, notice of decision #92, for US Tsubaki, 821 Main St.

16.    From Office of Planning & Economic Development, letter re:  City acquisition of easements for upcoming public infrastructure projects.

17.    From building department listing of building permits for month of April 2013

18.    From building department listing of electrical, gas and plumbing permits for month of April 2013

19.    From Parks & Recreation, minutes from March 26, 2013

20.    From Economic and Industrial Development minutes from March 6, 2013

21.    From Holyoke Historical Commission, minutes from March 6, and April 3, 2013

PRESIDENT’S REPORT

PETITIONS

22.    Petition of First Baptist Church (Grandma’s Attic Thrift Store) for a renewal of a second hand license at 1976 Northampton St. Holyoke

23.    Petition of Gloria Theriault for a renewal of a second hand license at 147 High St. Holyoke

24.    Petition of Larry Fishbein, renewal of second hand license at 7 Cray Ave. Holyoke

25.    Petition of David Greenberg (Pawn Depot) for a renewal of a Second hand license at 448 Appleton St.

26.    Petition of Tai W. Kang for a renewal of a second hand license for  311 High St. Holyoke

27.    Petition of David Greenberg (Pawn Depot) for a renewal of a pawnbrokers license at 448 Appleton St.

28.    Petition of Thomas Lucchesi, from 151 Chestnut St. for renewal of 19 pool tables and 1 billiard table license.

29.    Petition of Tai W. Kang (Emmanuel Jewelry) for a new pawnbrokers license at 311 High St. Holyoke

30.    Petition of Konstantine Plagakis, for a  new special permit for a flea market at 60 Jackson St.

REPORTS OF COMMITTEES

31.    Ordinance Committee Reports (if any)

31A.    The Committee on Charter and Rules to whom was referred an order that the City Council committee Chairs comply with City Council Rule number 61 that requires orders referred to committee be brought up within 30 days.  Recommend that the order has been complied with

31B.    The Committee on Ordinance to whom was referred an order that Section 86-322 entitled “Schedule I-A: on -street parking meter zones; off-street parking areas”  of Chapter 86 entitled “Traffic and Vehicles” of the Revised Code of  Ordinance of the City of Holyoke, MA 1997 as amended is hereby further amended by the following:
ADDING:  (d) Off-street parking at the Holyoke Senior Center; overnight parking prohibited
There shall be no parking of any vehicles in the parking lot located at the Holyoke Senior Center, 291 Pine Street, daily between the hours of 12:00a.m. and 6:00a.m.  Recommend that the order be adopted

31C.    The Committee on Ordinance to whom was referred that the DPW remove the handicap sign located at 268 Walnut St.  Recommend that the order be adopted

31D.    The Committee on Ordinance to whom was referred an order that the Handicap sign located at 155 Beech St. be removed   Recommend that the order be adopted

31E.    The Committee on Charter and Rules to whom was referred an order that City Government photos in the City Council Chamber include all Department Heads (Tax Collector, Assessor, Registrar of Voters Etc.) as they are Holyoke City Government. Recommend that the order be given Leave to Withdrawal

31F.    The Committee on Ordinance to whom was referred an order that the handicap sign located at 268 Pine St. be removed  Recommend that the order be adopted

31G.    The Committee on Ordinance to whom was referred an order that the City Council provide a handicap space at 20 Vernon St. for Carlos Rodriquez Recommend that the order be adopted

31H.    The Committee on Ordinance to whom was referred an order that a handicap space be created for Kamilla Cotto at 550 South Summer St. Apt. L  Placard number P03454847 Recommend that the order be adopted

31I.    The Committee on Ordinance to whom was referred an order that DPW remove the handicapped sign place in front of 811 High St.  Recommend that the order was complied with

31J.    The Committee on Ordinance to whom was referred an Application for a Special Permit for a Professional Office in the Overlay District   Recommend that the Special Permit be granted under the following conditions:

1.    Applicant shall adhere to the plans as approved by the City Engineer.

2.    Applicant shall provide seven (7) parking spaces for the medical office use as shown on the approved plans. In the event that separate residential unit(s) is created and occupied by anyone other than the applicant,                additional parking spaces shall be provided for said unit(s) or a special permit for parking reduction shall be obtained from the Planning Board.   

3.    The applicant shall provide for a six (6) foot solid fence made of wood or vinyl along the rear property line in order to buffer adjacent properties from the lights of the parking area. This condition may be met by modifications to the existing fence or by the installation of a new fence. The installation of a new fence shall comply with Section 4.6 of the Zoning Ordinance.

4.    The applicant shall comply with all conditions of Section 8.4.4 of the Zoning Ordinance, including:   

a.    Signage shall be limited to one (1) no greater in size than 2 feet by 3 feet and cannot be illuminated from within. All signage must be designed in a manner compatible to the existing structures as well as the surrounding neighborhood; and

b.    The business shall comply with Chapter 74 of the City of Holyoke Code of Ordinances regarding private trash pickup, maintenance of private property, and all applicable regulations therein.

5.    The applicant shall conduct all driveway, sidewalk and curbing repairs and/or installation in accordance with the standards of the Board of Public Works.

6.    The applicant shall obtain a stormwater permit for a minor project and shall comply with all requirements of the Holyoke Stormwater Ordinance.   

7.    The applicant shall obtain a permit for a new curb cut for the driveway as shown on the approved plans, and shall obtain all other required permits and approvals, including a certificate of occupancy prior operating the medical office at the subject premises.

8.    In the event of any significant changes to the approved plans, the applicant shall be required to obtain approval of an amendment to this special permit.

9.    This special permit shall expire upon the applicant ceasing to own or occupy the subject premises.

31K.    The Committee on Ordinance to whom was referred an Application for an Antenna Special Permit  (Material Modification  on 48 Holy Family Road by MetroPCS Massachusetts LLC Recommend that the Special Permit be granted under the following conditions from the Holyoke Conservation Commission:

In reviewing the MetroPCS application for a rooftop-mounted telecommunications apparatus, it has come to my attention that a portion of Tannery Brook is within 100′ of the proposed cell facility.  Due to the nature of the site, this project will not require a permit from the Conservation Commission, provided the permit requires all heavy equipment and trucks to operate from the paved surface of the parking lot exclusively.  Any work that occurs within the vegetated portion of the Riverfront Resource Area associated with Tannery Brook would require a permit from the Conservation Commission.  Also, please condition the special permit with the following additional language:
All equipment including, but not limited to, erosion control BMPs, shall be broomed clean, washed and visually inspected to confirm that it has been cleaned of accumulated soil or plant matter from other sites prior to entering the site so as to so as to prevent the introduction or re-infestation of invasive plant or animal species.  All equipment working on-site shall be free of biologically viable invasive plant and/or animal species.
All motorized equipment working within the 100’ buffer zone shall be in excellent operating condition and shall be clean and free of leaks.  All equipment shall be inspected regularly for leaks.  Any leaking hydraulic lines, cylinders or any other components shall be fixed immediately and prior to any further work occurring on-site.
No fuel, oil, or other pollutants shall be stored in any resource area or the buffer zone thereto.
Any Motorized equipment shall not be allowed on the vegetated buffer on-site at any time. 

31L.    The Committee on Ordinance to whom was referred an order that a visible Wrong Way sign (big enough) be placed on High St. so that those going the wrong way be able to see in enough time before accidents happen  Recommend that the order has been complied with

31M.    The Committee on Ordinance to whom was referred an order that the City Council support an order that a “No Parking” sign be established on Maple St. between Dwight and Suffolk St. and on Hampden St. Between High and Maple St.  Recommend that the order has been complied with

32.    Finance Committee Reports (if any)

32A.    The Committee on Finance to whom was referred Financial Transfer $60,000 FROM General Fund Free Cash TO: Special Counsel Services Recommend that the order be adopted

32B.    The Committee on Finance to whom was referred Financial Transfer $1,000 FROM Advertising TO: In-state Travel Recommend that the order be adopted

32C.    The Committee on Finance to whom was referred an order for a Financial Transfer of $48,393 FROM General Fund Free Cash TO: Pay- Vacation/ Personal Buyback ($11,968) and Pay Sick Leave/ Incentive Buyback ($36,425) for the Fire Department Recommend that the Financial Transfer be approved

32D.    The Committee on Finance to whom was referred an order for a Financial Transfer $25,000 FROM General Fund Free Cash TO: Land Court Filings for the Treasurers Office Recommend that the Financial Transfer be approved

32E.    The Committee on Finance to whom was referred an order for a Financial Transfer $30,000 FROM: General Fund Free Cash TO: Repair and Maintenance for the DPW to restore tennis courts at Jones Point Park recommend that the Financial Transfer be approved

32F.    The Committee on Finance to whom was referred Financial Transfer $23,000 FROM General Fund Free Cash TO: Repair and Maintenance- Vehicles Recommend that the order be approved

32G.    The Committee on Finance to whom was referred an order for a Financial Transfer $3,271 FROM: General Fund Free Cash TO: Pay- Sick Leave Buyback for former City Clerk Susan Egan Recommend that the Financial Transfer be approved

32H.    The Committee on Finance to whom was referred an order for a Financial Transfer $4,000 FROM General Fund Free Cash TO: Postage for Treasurers Office  Recommend that the Financial Transfer be approved

32I.    The Committee on Finance to whom was referred an order that in accordance with MGL Chp 44 Sec. 53A the City Council hereby accepts the provisions of the EMD & Training 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

32J.    The Committee on Finance to whom was referred Financial Transfer $110,000 FROM General Fund Free Cash TO Energy City Hall ($40,000) Energy: City Hall Annex ($10,000) Energy: Lynch Property ($35,000)  Recommend that the order be approved

32K.    The Committee on Finance to whom was referred a Financial Transfer $1,589 FROM General Fund Free Cash TO: Pay- Plumbing & Gas Inspector Recommend to send to full council without a recommendation

32L.    The Committee on Finance to whom was referred Financial Transfer $3,508 FROM General Fund Free Cash TO: Pay-Acting City Clerk Recommend to send to full Council without a recommendation

32M.    The Committee on Finance to whom was referred an order for a Financial Transfer $4,500 FROM General Fund Free Cash TO: Pay- Temporary Seasonal ($2,000) and Pay- Overtime ($2,500) for the expense of two special state elections April 30th and June 25 for the replacement of Senator John Kerry Recommend that the transfer be denied

33.    Public Safety Committee Reports (if any)

33A.    The Committee on Public Safety to whom was referred an order that the City Council vote to approve the petition of US Tsubaki- Power Transmission LLC to discontinue a section of Coolidge Street according to attached plan and report submitted by the City Engineer Recommend that the petition be approved

33B.    The Committee on Public Safety to whom was referred an order that the City of Holyoke come up with a solution to keep bathrooms located in the lower floor of City Hall secure and safe for all who enter to use the facilities  Recommend that the order has been complied with under the terms that: The first floor bathrooms are locked during normal City Hall working hours (8:30 – 4:30)  with one designated office holding a key for which the public will have access. After 4:30 The library staff will hold the key to access the bathrooms and the key shall only be furnished to individuals with a library card or legal identification.

34.    Public Service Committee Reports (if any)

34A.    The Committee on Public Service to whom was referred Mayoral appointment of Mr. Joe Reynolds to the Historical Commission for the City of Holyoke Recommend that the appointee be confirmed

34B.    The Committee on Public Service to whom was referred Mayoral Appointment of Ms. Lauren Golden to the Historical Commission for the City of Holyoke  Recommend that the appointee be confirmed

34C.    The Committee on Public Service to whom was referred Mayoral appointment of Ms. Theresa Cooper-Gordon to serve as a member on the Commission for the Holyoke Housing Authority Recommend that the appointee be confirmed

35.    Redevelopment Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

36.    BARTLEY    –    the City Council provide a proclamation to the Holyoke Merry-Go-Round on the occasion of its 20th Anniversary.  The merry-go-round welcomed its first rider in its new building on September 19, 1993 and is holding a celebration of its anniversary on Thursday, September 19, 2013.

37.    BARTLEY    –    Holyoke City Council amend the city’s ordinances in order to adopt an official flag for the City of Holyoke.

38.    BARTLEY    –    City Council refer to its Ordinance Committee an ordinance change to install either a 2-way or 4-way STOP sign at the intersection of King and Queen Streets.

39.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Fire S.A.F.E.R.” 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.

40.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “MEMA – Fire Portable Radios” 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.

41.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FEMA – Assistance to Firefighters – Operations & Safety” 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.

42.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Fifteen Thousand Six Hundred Twenty One & 00/100 Dollars ($15,621) as follows: (Treasurer)

FROM:
*****-*****    General Fund Free Cash        $15,621
        TOTAL:    $15,621
TO:
19161-51999    F.I.C.A. – Medicare        $15,621
        TOTAL:    $15,621

43.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Two Thousand Two Hundred Seventy Four & 00/100 Dollars ($2,274) as follows: (Treasurer)

FROM:
*****-*****    General Fund Free Cash        $2,274
        TOTAL:    $2,274
TO:
19151-51999    Life Insurance        $2,274
        TOTAL:    $2,274

44.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, One Hundred Forty Six Thousand Nine Hundred Seventy Three & 00/100 Dollars ($146,973) as follows:(Treasurer)

FROM:
*****-*****    General Fund Free Cash        $146,973
        TOTAL:    $146,973
TO:
19141-51999    Health Insurance        $146,973
        TOTAL:    $146,973

45.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Twelve Thousand Eight Hundred Ninety & 00/100 Dollars ($12,890) as follows: (Fire Dept)

FROM:
*****-*****    General Fund Free Cash        $12,890
        TOTAL:    $12,890
TO:
10002-59720    Transfer to Special Revenue (Fund TBD)        $12,890
        TOTAL:    $12,890

46.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, One Hundred Twenty Four Thousand Two Hundred Ninety Nine & 00/100 Dollars ($124,299) as follows: (Police Dept.)

FROM:
*****-*****    General Fund Free Cash        $124,299
        TOTAL:    $124,299
TO:
12101-51500    Pay – Vacation Buyback        $12,112
12101-51510    Pay – Sick Leave Buyback        91,386
12101-51505    Pay – Time-owed Buyback        15,702
12101-51520    Pay – Holiday Differential        2,203
12101-51400    Pay – Longevity        2,896
        TOTAL:    $124,299

47.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Safe & Successful Youth Initiative – 2013″ 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.

48.    MCGEE_T    –    Ordered that the City Tax Collector update the City Council on the process of going out to bid for excise tax collections

49.    MCGEE_T    –    That the Legal Department or Sullivan, Hayes, & Quinn provide the City Council Finance Committee with a final billable/bill for the Donna Dowdall case. This should be sent to the City Council Administrative Assistant within two weeks.

50.    SOTO    –    the City of Holyoke in accordance with section 285b of title 2 of the U.S. code, the code is compiled by the Office of the law revision counsel of the United States House of representatives .Install a light facing the flag pole so that the American flag can remain erected at all times

51.    SOTO    –    the Holyoke City Council go on record opposing closing the City Clerks office to the public during Election day’s .

52.    SOTO    –    the DPW remove the handicap signage in front of 66 Taylor Street.

53.    SOTO    –    City Council send a letter to the undersecretary Aaron Gornstein thanking him regarding reducing the homeless population in hotels

54.    SOTO    –    a representative of the Fire Department come before the City Council and give an update on what’s being done to keep the traffic lights in working conditions.

55.    SOTO    –    the Fire Department come before the City Council and provided updates on ongoing and settled cases regarding accidents involving traffic signal poles for the year January 1 ,2012 to date

56.    SOTO    –    Ordered, that Sections 22-131 through 22-135 of the Code of Ordinances be reviewed and amended as necessary to insure that there are proper fines and enforcement mechanisms.

57.    SOTO    –    a representative from the fire department come before the city council and provide the number of call boxes throughout the city, and the number of calls that we’re made to the department from the call boxes

58.    TALLMAN    –    That Parks Dept., Forestry Division, trim the tree branch overhanging Bemis Rd. in front of 43 Bemis Rd. If the branch falls it could do serious damage to vehicles or pedestrians

59.    TALLMAN    –    that DPW clear the basin of debris and bush next to driveway at 53 Green Lane. With heavy rain this basin overflows and  water is dispersed on street and the homeowners porch

60.    TALLMAN    –    that the City Solicitor give an update on outstanding
    MCGEE_T        cases against the City to the full council in executive
    SOTO        session

61.    VEGA    –    That the City Council and the Mayor hereby petition the Massachusetts General Court to adopt legislation to that end of amending the Charter to provide the City Council confirmation of the Mayor’s appointments to
the Fire Commission as follows:

Sec. 1. Section 19 is hereby amended by striking he word “exclusively”
in the third sentence and adding in its place the words ‘subject to the
confirmation of the City Council.”
Sec. 2. Section 3 is hereby amended by adding the words “subject to the
confirmation of the City Council” at the end of sub-sentence (II)
Sec. 3. this act shall take effect immediately upon passage recommend
that it be adopted

62.    VEGA    –    The City Council and the Mayor hereby petition the Massachusetts General Court to adopt legislation to that end of amending the Charter to provide
for the City Council confirmation of the Mayor’s appointment to the Board of Public Works as follows:

Sec 1. Section 34 is hereby amended by adding he words”subject to
confirmation of the City Council” at the end of sub-sentence (I)
sec. 2. Section 34 is hereby amended by adding the words “subject to
confirmation of the City Council” after the words “the Mayor” in the ninth
sentence
Sec. . This act will take effect immediately upon passage recommend that it
be adopted

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 May 3, 2013 by