Holyoke City Council Meeting Text Size

Event takes place on May 16, 2017 at 7:00 PM
City Hall, Council Chambers, 536 Dwight St. Holyoke, MA 01040

May 16,2017


1.    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

2.    The Committee on Finance to whom was referred a Financial Transfer Request of $3,000 FROM Free Cash TO: Claims-General
  Recommend that the order be adopted



3.    From Mayor Alex B. Morse letter re:  Veto of Ordinance in regards to use of City Notification System.

4.    From Mayor Alex B. Morse, letter reappointing Mr. Preston Macy, 72 Shawmut Ave. to serve as the Republican Member for the Board of Registrars of Voters for the City of Holyoke:  Mr. Macy will serve a three year term; said term will expire on March 31, 2020.

5.    From Mayor Alex B. Morse letter re:  Appointment of Director of Veterans Services, Jesus M. Pereira.

6.    From Brenna Murphy McGee CMC, City Clerk, minutes of May 2, 2017.

7.    From Joshua Pueschel, City Auditor letter re:  Parking Deficit.

8.    From Joshua Pueschel, City Auditor, letter re: Monthly Budget Reports, of the General Fund and Sewer Fund as of February 28, 2017.

9.    From Michael P. McManus, Superintendent DPW, letter re:  City Hall Stained Glass Restoration.

10.    From Michael P. McManus, Superintendent DPW, letter re:  DPW fleet Vehicles and Equipment.

11.    From Michael P. McManus, Superintendent DPW, letter re:  Parks and Playground Improvements.

12.    From Michael P. McManus, Superintendent DPW, letter re:  Road, Sidewalks and Traffic Improvements

13.    From Michael P. McManus, Superintendent DPW, letter re:  Tennis Court Renovations at Crosier Field, Jones Point, and Holyoke High School.

14.    From Elaine Pluta of 276 Whitney Ave. Holyoke, request for consideration for a position on the CPA Board.

15.    From Board of Public Works, Sewer Commission and Stormwater Authority minutes of March 13, 2017.


16.    Petition of ecoATM, LLC, for a renewal of a second hand license at 50 Holyoke St.

17.    Petition of Quabbin ACM, LLC for a new special permit for a commercial drive thru at 473 & 495 Pleasant St.



18.    Ordinance Committee Reports (if any)

18A.    The Committee on Ordinance to whom was referred an order that an official charter change through ballot question be placed on the next regularly scheduled municipal election.  Recommend that the order be adopted as amended

In City Council, ______________________, 2017. Adopted on a call of the roll of the yeas ____ and nays ____,
The City of Holyoke, through its Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Court to enact legislation to establish a process for recalling elected officials in the City of Holyoke, and that said legislation be entitled:
And that said act read as follows:
SECTION 1.  Any person who holds an elected city office, whose term is four 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.

(a) Recall Petitions. Two hundred fifty 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 ten 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.

(b) 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 10 days following delivery of the notice, the city council shall order an election to be held with the subsequently scheduled November election, excluding the November election held during the final year of the officer’s term.

(c) 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.

(d)  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.

(e) 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.

(f) 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 after the completion of the current term.

SECTION 2. So much of Chapter 438 of the Acts of the year 1896, as appearing in Chapter 189 of the Acts of the year 1992, and any acts in amendment thereof and in addition thereto, as are inconsistent with this act, are hereby repealed.

SECTION 3: This act shall be submitted for acceptance to the qualified voters of the City of Holyoke by the City Clerk placing the following question on the official ballot to be used in the City of Holyoke at the regular municipal election to be held in the year 2017:

“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?”

If a majority of the votes in answer to said question is in the affirmative, this act shall take effect forthwith.

SECTION 4: The city solicitor shall prepare a fair, concise summary and purpose of the law to appear with the question no later than 35 days before the election in accordance with section 58A of chapter 54 of the General Laws.

SECTION 5: The General Court may make clerical or editorial changes of form only to the bill, unless the Mayor and City Council approve amendments before enactment by the General Court. The Mayor and City Council are hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.

SECTION 6: This act shall take effect upon its passage.


Presented to the Mayor for Approval:

___________________________________        ___________________
City Clerk                        Date


__________________________________        ____________________

18B.    The Committee on Ordinance to whom was referred an order  that Ordinance Sec. 82-4 be amended to expand the Senior Tax Work Off Program by 10 slots (from 20 to 30) to accommodate both an increased interest in participation by municipal departments and a growing number of senior citizens interested in participating in the program.  Recommend that the order be adopted

18C.    The Committee on Ordinance to whom was referred an order that The City Council consider amending the city ordinances or asking the state delegation to amend state law to require that city officials (i.e. department heads) provide official notice to ward councilors (at least) when any public notice is sent to abutters in the ward councilor’s jurisdiction.  I would suggest that when a councilor has an e-mail account a PDF copy would be sufficient to comply so as to not add to an applicant’s expense.  Notice requirements would apply to zone changes, special permits and license board laws, for example, but not be limited to them.   Recommend that the order be adopted

18D.    The Committee on Ordinance to whom was referred an order that the City of Holyoke pass a moratorium on the approval of any recreational marijuana retailers, growers and distributors. Moratorium would expire December 31, 2018 Recommend that the order would be adopted

18E.    The Committee on Ordinance to whom was referred an order That the Ordinance Committee looks into drafting an Ordinance requiring that the City Solicitor Position be fill within 120 days of a vacancy.  (Legal Dept. should not be allowed to run by an Acting City Solicitor  forever under this administration).  Recommend that the order has been complied with

18F.    The Committee on Ordinance to whom was referred a  Street Vendor Permit for Pedro Bocachica of 214 Elm St. for a hot dog cart at the corner of High St. and Cabot St.  Recommend that the application be approved

18G.    The Committee on Ordinance to whom was referred a Street Vendor License extension request of Jannette Vega of R&J Kitchen of 227 W. Franklin St. Holyoke MA   Recommend that the request be approved and the applicant be allowed to operate up to December 31st of 2017

18H.    The Committee on Ordinance to whom was referred a Street Vendor Permit application for Mr. Jose Laboy to sell hot dogs at the corner of Maple St. and Dwight St.   Recommend that the application be approved

18I.    The Committee on Ordinance to whom was referred a Street Vendor Permit for Mr. Jose Laboy of 1465 Dwight St. to operate a hog dog cart at the corner of High St. and Division St.  Recommend that the application be approved

18J.    The Committee on Ordinance to whom was referred an order   that the Vendor permit ordinance be amended to specifically address the process for obtaining the permit, which department will issue such permits and how to track and maintain information on such vendors/supporters.  Currently, a vendor was fingerprinted as part of the Vendor permit process and was sent to several departments to obtain the permit and no one had any idea of the permit (thus the need for a process). Therefore, the Vendor permit should be issued by DPW or Park & Rec with an approval form sign off by the Board of Health and Treasurers office (regarding taxes being current).  Recommend that the order has been complied with

19.    Finance Committee Reports (if any)

20.    Public Safety Committee Reports (if any)

21.    Public Service Committee Reports (if any)

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

23.    Charter and Rules Committee Reports (if any)

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


25.    LISI    —    the City Council request that the Mayor put out an RFP for an independent analysis of the city’s attrition rate and review our HR best practices. The city’s high turnover rate is clearly having an impact on our budget, resources, and the proper and efficient functioning of our city departments.

26.    MCGEE    —    that DPW look into and address the developing drainage problem on the side of 141 that is on the Longfellow Rd side of the highway. Portions of it have sunk considerably and water is draining into the backyards at an abnormal rate. Soil erosion and flooding has occurred.

27.    VACON    —    Place a radar speed monitor and temporary speed humps in the area of 427 Mountain Road due to continued traffic problems.

28.    VACON    —    that a hearing be set to review and reduce traffic cutting through the Sunset and Ashley neighborhood and what improvements could be made to reduce the safety hazards, such as changing traffic lights, making streets one-way, creating cul-de-sacs etc.

29.    BARTLEY    —    that a handicap sign be placed in front of 3 Laurel St. for Adelaida Ramos.

30.    BARTLEY    —    the Mayor please budget for appropriate signage for the parking spaces in the City Hall deck and that the DPW order signs pursuant to ordinance 86-106 (b)(1)(ii).

31.    BARTLEY    —    Due to constituent concerns, HPD enforce the speed limits at Laurel St. and at Gilman St.  Please report back to the Public Safety committee.

32.    BARTLEY    —    The City Council order that “Police Parking Only” sign on John St. be removed.  Police Chief said sign no longer required

33.    BARTLEY    —    DPW install temporary speed humps on Mackintosh Terrace.

34.    BARTLEY    —    DPW install STOP sign and paint No parking lines on Russell Terrace as previously approved.  (2nd request)

35.    BARTLEY    —    The City Council amend its Rule 31 to allow any Committee
    LEAHY        Chair to name any present Council member to join the
            committee in order to meet the quorum requirement.
            The substitute member shall be allowed to vote.  The
            substitute member shall relinquish the committee seat
            when a permanent committee member arrives to satisfy
            the quorum requirement.  The rule now states, in part,
            “If any committee lacks a quorum the President of
            the Council can sit in to meet that quorum requirement.”

36.    BRESNAHAN    —    that the Law Dept. review who has the authority to take a fire apparatus off line. This order is due to the Fire Commissioners intentions to take an Engine off line permanently under the reorganization plan the Fire Commissioners are attempting to implement have That last black out in the City required City Council Approval approximately 1976.

37.    BRESNAHAN    —    that the Mayor provide funds to allow for an independent company to audit the Holyoke Fire Dept, this should include an audit of the entire Department, their staffing size, and do determine the size and amount =
of apparatus is appropriate to maintain the safety of all of Holyoke’s citizens

38.    BRESNAHAN    —    that the Law Dept provide their opinion on whether or not the permanent closing of an engine will effect the Insurance rating for the City

39.    BRESNAHAN    —      Due to the potential black out of a Holyoke Fire Dept. Engine, order that ISO Mitigation conduct a new survey to determine if this black out will negatively impact the City of Holyoke insurance ratings

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 12, 2017 by