Holyoke city Council Meeting Text Size
Event takes place on January 17, 2017 at 7:00 PM
536 Dwight St. City Hall, City Council Chambers, Holyoke, Ma
AGENDA FOR THE CITY COUNCIL
LAID ON THE TABLE
1. Appointments of City Officers 2017
2. From Brenna Murphy McGee, CMC City Clerk and Ryan Allen, Admin. Ass’t. to City Council minutes of December 20, 2016.
3. From Brenna Murphy McGee, CMC City Clerk, minutes of January 3, 2017.
4. From Bellamy H. Schmidt, Acting City Auditor, letter re: Monthly budget reports for General Fund and Sewer Fund as of October 31, 2016.
5. From Holyoke Board of Health, minutes of November 3, 2016.
6. From Board of Public Works, minutes of December 5, 2016.
7. From Sewer Commission minutes of December 5, 2016.
8. From Stormwater Authority, minutes of December 5, 2016.
9. From Holyoke Historical Commission, minutes of October 17, November 3, November 14 and December 12, 2016.
REPORTS OF COMMITTEES
10. Ordinance Committee Reports (if any)
10A. The Committee on Ordinance to whom was referred an order that The City Council create by Ordinance Resident Only Parking on Mackintosh Terrace that would allow parking on-street parking on the north side of the street from 9 p.m. to 7 a.m. only for cars that are registered with the City and that display the necessary decal. Further, the City Council establish relevant signage. Recommend that the order be adopted as amended
10B. The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 30 Portland St. for Jose H. Duque Recommend that the order be adopted
10C. The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 552 So. Summer St, Apt. 3R for Brenda Y Lorenzi Recommend that the order be adopted
10D. The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 189 Beech St. for Abigail Sevigne Recommend that the order be adopted
10E. The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 11 Center St. for Josephine Rivera Recommend that the order be adopted
10F. The Committee on Ordinance to whom was referred an order that the City Council adopt a Sp. Permit/ application for any Methadone Clinics coming to the City Recommend that the order be adopted as amended
10G. The Committee on Ordinance to whom was referred an order that the City Council consider revising its ordinances relative to the funds provided to the Mayor’s office in lieu of providing a vehicle Recommend that the order be adopted as amended
10H. The Committee on Ordinance to whom was referred an order that the Mayor come before a committee of the Council to discuss his plan to move municipal offices. He should discuss this plan with us prior to implementing it. Recommend that the order be adopted as amended
10I. The Committee on Ordinance to whom was referred an order that the engineer look at a no turn on red sign being placed at Cherry St. to Northampton St. Recommend that the order has been complied with
10J. The Committee on Ordinance to whom was referred an order : Composition of the Committee – Statutory Requirement:
The first five members of the CPC are required by the statute, and each of the following boards must designate one of its voting members to serve on the CPC:
– The Conservation Commission (created by Section 8C of Chapter 40)
– Planning Board (Section 81a of Chapter 41)
– Housing Authority (Section 3 of Chapter 121B)
– Historic Commission (Section 8D of Chapter 40)
– Board of Parks Commissioners (Section 2 of Chapter 45)
Composition of the Committee – At Large Members:
– One (1) citizen not currently holding elected or appointed office, nor currently municipal employees, as appointed by the Mayor
– Three (3) citizens not currently holding elected or appointed office, nor currently municipal employees, as appointed by the City Council
Term of Office:
1, 2, or 3 years. We can discuss in Ordinance then the full City Council. Recommend that the order be given leave to withdraw
11. Finance Committee Reports (if any)
12. Public Safety Committee Reports (if any)
13. Public Service Committee Reports (if any)
14. Development and Governmental Relations Committee Reports (if any)
14A. The Committee on Development and Governmental Relations to whom was referred a Petition of Bryan A. Marcotte for outdoor sales lots for new and used motor vehicles and trucks, and marine and recreational vehicles (7.2.13) for 1000 Main St. and 1010 Main St. (parcel #’s 116-00-011, 116-00-012, 116-00-013, 116-00-014, 116-00-015).
Recommend that the order be adopted
14B. The Committee on Development and Governmental Relations to whom was referred a Petition of Bryan A. Marcotte, for a new Motor Vehicle Repair (7.2.13A), for 1000 Main St. and 1010 Main St. (parcel #’s 116-00-011, 116-00-012, 116-00-013, 116-00-014, 116-00-015).
Recommend that the order be adopted
14C. The Committee on Development and Governmental Relations to whom was referred a Petition of Roland Madzunovic Jr. for a Motor Vehicle Repair Garage (7.2.13A) at 1584 Dwight St. Recommend that the application be approved
14D. The Committee on Development and Governmental Relations to whom was referred a Petition of Williams Auto Sales Inc. for a special permit for Outdoor Sales lots for new and used motor vehicles and trucks, and marine and recreational vehicles, 7.2.13 at 123 Sargeant St.
Recommend that the application be approved
14E. The Committee on Development and Governmental Relations to whom was referred an order that the City Council invite our state delegation to an upcoming meeting of the DGR Committee, this is pursuant to City Council rules Recommend that the order has been complied with
15. Charter and Rules Committee Reports (if any)
16. Joint City Council and School Committee Reports (if any)
MOTIONS, ORDERS AND RESOLUTIONS
17. MCGEE — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “LIFE-SAVING EQUIPMENT” 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.
18. MCGEE — that there be and is hereby appropriated by transfer in the fiscal year 2017, Twenty thousand and 00/100 Dollars ($20,000) as follows:
*****-***** Free Cash $20,000
1336-57000 Other Charges and Expenses $20,000
19. MCGEE — that there be and is hereby appropriated by transfer in the fiscal year 2017, Thirty-six thousand six hundred fifty and 30/100 Dollars ($36,650.30) as follows:
*****-***** Free Cash $36,650.30
12201-51510 SIck Leave Buyback $36,650.30
20. MCGEE — that the Public Safety committee invite in both Chief of Police and Fire Chief to discuss the new ambulance service with the city.
21. MCGEE — that the city council invite in and present a proclamation to principal Jackie Glasheen for her leadership and support to the fire victims
22. MCGEE — that the City Council invite in the men and women of the Fire Department and present them with a proclamation for their outstanding work and dedication to the Citizens of Holyoke.
23. MCGEE — that the City Council invite in and present a proclamation to Wilson Lopez for his bravery and heroic actions to save people from the fire.
24. MCGEE — that the City adopt an ordinance to establish a Holyoke Disaster Relief Trust Fund to allow for the receipt and disbursement of donations received on account of the New Years Day Fire:
Chapter 24 – Holyoke Disaster Relief Trust Fund
Sec. 24-1. Establishment of trust.
The City of Holyoke, by this chapter, hereby establishes a Holyoke Disaster Relief Trust Fund and further authorizes the acceptance of gifts, legacies, bequests, or other donations under M.G.L. c. 44 s. 53A for the benefit of said fund. The principal of said fund shall be faithfully held and kept good, until such time as the principal and the income thereon shall be expended for the benefit of individuals in the community affected by disasters which occur in the City of Holyoke and for no other purpose.
Sec. 24-2. Board of commissioners.
There shall be a board of commissioners, consisting of three persons, who shall have management of the trust fund for the purposes of investing and distributing funds; it shall be incumbent on them to develop fair and equitable procedures for the distribution of funds and to see that funds are distributed in compliance with this chapter. The members of said board shall be appointed by the mayor and confirmed by the city council. At the time of creation of said board, there shall be appointed one member for one year, one member for two years, and one member for three years, and thereafter, members shall be appointed annually for three years. Vacancies on the board of commissioners shall be filled by the mayor, with the approval of the city council.
Sec. 24-3. Compliance with trust.
The city treasurer shall hold all sums of money paid to the city for the benefit of said trust, and the city treasurer shall pay over the income thereof, to such person or persons, and in such amounts, as may be ordered by the board of commissioners aforesaid.
Sec. 24-4. Granting of requests.
Upon receipt of a request for funds, the board shall consider the request and vote whether to grant it. An affirmative vote of two of the three commissioners shall be required to grant a request. The commission shall maintain a written accounting of the name and residence by street and number of each person to whom any money has been paid in accordance with this chapter, with the amount received or paid to each of said person.
25. ROMAN — that the ordinances of the City of Holyoke be changed to require all landlords with three or more units install and have in good working condition.
26. ROMAN — that the City of Holyoke establish and create per ordinance a special permit for any marijuana cultivating facilities / manufacturers.
27. ROMAN — Ordered that the City of Holyoke tax on cultivators of marijuana is imposed as follows:
$9.25 per dry-weight ounce of marijuana flowers
$2.75 per dry-weight ounce of marijuana leaves
28. ROMAN — that an official charter change through ballot question be placed on the next regularly scheduled municipal election.
Ballot Question Creating a Recall Process of Elected Officials.
Shall the City of Holyoke implement a recall process for any elected official whose term exceeds two years, with more than twelve months remaining of the term of office?
Proposed Charter Language to be added to City Charter:
Recall of Elected Officials
Application. Any person who holds an elected city office, whose term exceeds two years with more than twelve months remaining of the term of office, may be recalled from the office, by the voters, in the manner provided in this section.
Recall Petitions. One hundred or more voters may file with the city clerk an affidavit containing the name of the officer whose recall is sought and a statement of the grounds upon which the petition is based not less than twelve months prior to the expiration of the term of office. The names on the affidavit shall be from the city at large.
The city clerk shall deliver to the said voters petition blanks demanding said recall,printed forms of which he shall keep available. The blanks may be completed by writing or typewriting; they shall be addressed to the city council; they shall contain the names of the persons who have filed the affidavit and the grounds for recall as stated in the affidavit; they shall demand the election of a successor to the office; and they shall be dated and signed by the city clerk. A copy of the petition shall be kept on file in the office of the city clerk in a record book maintained for that purpose. The recall petitions shall be returned and filed in the office of the city clerk within thirty days following the date the petitions were issued, signed by at least fifteen percent of the total number of persons registered to vote at the preceding city election.
The city clerk shall, within twenty-four hours following such filing, submit said petitions to the registrars of voters who shall forthwith certify thereon the number of signatures which are names of voters.
Recall Election. If the petition shall be certified by the registrars of voters to be sufficient, the city clerk shall forthwith submit the same to the city council. Upon its receipt of the certified petition, the city council shall forthwith give written notice of said petition and certificate to the person whose recall is sought. If the officer does not resign his office within 5 days following delivery of the notice, the city council shall order an election to be held not less than 65 nor more than 90 days after the date of the registrar’s certificate of the sufficiency of the petition. If, however, another city election is to occur between 65 and 90 days after the date of the certificate, the city council shall hold the recall election on the date of such other election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section and only the ballots for candidates need be counted.
Nomination of Candidates. An officer whose recall is sought may not be candidate to succeed himself at the recall election. The nomination of candidates, the publication of the warrant for the recall election, and the conduct of the same shall all be in accordance with the provisions of other laws relating to elections, unless otherwise provided in this section.
Propositions on Ballot. Ballots used at a recall election shall state the following propositions in the order indicated:
For the recall of (name of officer) / /
Against the recall of (name of officer) / /
Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the propositions shall appear the word “candidates” and the names of candidates arranged alphabetically, by surname. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of the votes on the question is in the negative, the ballots for candidates need not be counted, except as provided in (c) above.
Officeholder. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled in the election he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in this section.
If the officer is recalled in the election, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.
Repeat of Recall Petition. No recall petition shall be filed against an officer within six months after he takes office, or in the case of an officer subjected to a recall election and not recalled thereby, until at least six months after the election at which his recall was submitted to the voters.
29. ROMAN — that the Disability Commission provide and update on the list of handicap parking signs submitted by the City Council.
30. ROMAN — that the City of Holyoke amend its zoning laws and establish a permit for Seasonal Amusements. (Proposed draft language attached provided by the law department).
31. SULLIVAN — That the director of Economic Planning and Development meet with the Development and Gov. Relations Committee to discuss a more aggressive approach to advertising and attracting new industry to Holyoke.
32. SULLIVAN — That the Personnel Department supply to the City Council the percentage/actual number of employees of the Holyoke Fire Department
who reside outside of the City of Holyoke.
33. SULLIVAN — That the Holyoke Fire Dept. immediately provide all records regarding use of any time off, tardiness, or absences. This is to include all scheduled, or unscheduled, illness, vacation, or any other time off for Dec. 31, 2016 and Jan. 1, 2017.
34. SULLIVAN — That the Board of Water Commissioners and the Manager appear before the City Council to consider contracting with and independent consulting firm to prepare a feasibility/best use study on the future use of the Whiting Street Reservoir as both an active water source and as an emergency back-up source. The study should focus on various potential scenarios including but not limited to: expanded recreational use, revenue producing opportunities, selective development scenarios, and future maintenance and liability issues. Said study to be completed and submitted back to the council within 6 months.
35. SULLIVAN — That the Mayor kindly forward to our State Representatives the request for a Home Rule Exemption to the state prevailing wage law approved and submitted by the Holyoke City Council.
36. VACON — that the HFD surveillance video or other video available and call logs be provided to the Public Safety Committee for review.
37. BARTLEY — The City Council receive a current accounting (ie CY2016) and a regular update (on a quarterly basis) from the Mayor’s office on funds received, spent, from the CATV fund. Further, city council should be apprised of plans for the future use of these funds. Please also provide meeting minutes from the advisory committee.
38. BARTLEY — Due to the poor condition of the sidewalk, the City repair or rebuild the sidewalk on Queen St. (east-side) between King Street and Coit Street.
39. BARTLEY — The DPW place a “Dead End” sign on Merkel Terrace.
40. JOURDAIN — that the City Council create and adopt a new comprehensive Ethics ordinance.
41. LEAHY — that the Holyoke City Council honor Jacqueline Glasheen, principal of Kelly School for her quick thinking and efforts to support the families affected by the New Year’s Day fire. When Jackie heard about the fire, she immediately put out a call-to-action: opening her school so that it could be used as a temporary shelter, hub for disaster relief and a donation center. Thousands of generous citizens visited Kelly School to donate clothes and other necessary items to the families. Because of Mrs. Glasheen’s actions, families were able to regroup in a warm, safe place.
42. LEAHY — that the Honorable Holyoke City Council invite Holyoke Community College President Christina Royal into the DG&R subcommittee.
43. LEAHY — that Aquarian/United Water cleans out the catch basin
ROMAN and fixes it on the corner of Meadow Street and Main
44. LEAHY — that the city use any legislative mechanism necessary to require the installation of monitored fire alarm systems in residential buildings with four or more units.
45. LEAHY — that the City Council adopt a special act requiring the installation of monitored fire alarm systems in residential buildings with four or more units.
46. LEAHY — that the Council adopt an ordinance which requires when a communication failure is detected by a third party monitoring company in any residential building with 4 or more units, the Fire Department be notified immediately. At the discretion of the Fire Chief a fire watch detail may be assigned until the system is working again. The cost of the detail will be paid for by the property owner.
47. LEBRON-MARTINEZ — that buildings sold within the city for residential occupancy be inspected for health and other safety codes before permitted to be in operation in addition to the fire alarms ordinance that already exist, that an additional ordinance require landlords to install systems to alert the fire departments of any fires within the premises.
48. LOPEZ — That the City Council adopt the following brown out change to the City Ordinance regarding the Mayor’s salary (decrease the salary 75% for the remainder of the year).
49. LOPEZ — That City Solicitor and Building Commissioner provide the City Council an update or any future plans regarding the vacant building at the corner of High and Appleton. Provide the City Council any letters mailed to the owner within 10 days.
50. LOPEZ — That the City Solicitor or the Mayor provide a copy of the Fire Chief contract to the City Council within 5 days.
51. LOPEZ — That the Fire Dept., Mayor and the Commissioners come to the Finance Dept. to discuss the department budget and staff.
Also, any plan or plans to discontinue the ironic brown out in the department.
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
Posted on January 12, 2017 by Irma Lopez