Events

Holyoke City Council Meeting Text Size

Event takes place on November 19, 2019 at 7:00 PM
Council Chambers, 536 Dwight St. Holyoke, MA 01040

AGENDA FOR THE CITY COUNCIL
November 19,2019

LAID ON THE TABLE

1. From Tanya Wdowiak, City Auditor, Mayors request re: Supplemental Budget.

2. The Committee on Development and Governmental Relations to whom was referred a Special permit application of Frank DeMarinis for a Single-Family Home in the Floodplain Overlay District 8.1.2 on Northampton St. at Map 223 Block 00 Parcel 019.  Recommend that the application be approved with the following conditions:
a.       The petitioner shall work with Conservation commission and the southerly abutter’s independent arborist to identify trees along the property line that are to be removed.  It shall be the responsibility of the petitioner to remove those trees (approx. 23) that are likely to fall on the abutter’s property.  Because said trees have an estimated maximum life span of 3 years, it is required that all trees so identified are to be removed within that 3-year period.
b.       Plant appropriate vegetation to serve as a buffer between the petitioner’s property and the property of the southern-most abutter but specifically along the property line for no less than 150’ but not more than 200’.  The petitioner and the abutter should confer beforehand to ensure trees are planted in the right place.  Trees should be approximately 5-feet apart.  Type of species to be planted is arborvitaes, which shall be of a height no less than 7’ when planted.  All trees as described shall be planted along the property line within 12 months of date of special permit unless otherwise agreed-to by the petitioner and the abutter in writing.
c.       Sept 13, 2019, letter of Conservation Commissioner shall be complied with by petitioner.
d.       Sept 20, 2019, letter of Building Commissioner shall be complied with by petitioner.
e.       City ordinance section 8.1.5 (7) was must be complied with.

PUBLIC COMMENT

COMMUNICATIONS

3. From Mayor Alex B. Morse letter re: Proposals to purchase City-owned properties.

4. From Gina Paro, Ass’t City Solicitor Memorandum of Agreement for Holyoke Police Supervisors IBPO Local 409.

5. From Brenna Murphy McGee, City Clerk MMC and Ryan Allen, Admin. Ass’t. to City Council minutes of October 15, 2019.

6. From Tanya Wdowiak, City Auditor for Councilor David Bartley re: Vendor Documentation for vendor #31032.

7. Agreement between the City of Holyoke & Action Ambulance Service, Inc. Agreement for Emergency Ambulance Services.

8. From Parks & Recreation Commission minutes for June 6, 2019.

9. From Board of Health minutes of September 5 and October 3, 2019.

10. From Board of Fire Commission minutes of September 10, 2019.

PETITIONS

11. Petition of Daniel LiBoissonnault for a renewal of a home occupation at 267 Southampton Rd. for a plant based food business.

12. Petition of Holyoke Mall Company L.P. for a new Special Permit for a Height Limitation (5.3.1.) for 50 Holyoke St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

13. Ordinance Committee Reports (if any)

13A. The Committee on Ordinance to whom was referred an Order:  that the 30mph signs on Bemis Road be removed and replaced with 25mph signs (if necessary to achieve the new citywide speed-limit of 25 mph) Recommend that the order be adopted

13B. The Committee on Ordinance to whom was referred an order  that a handicap space be placed in front of 29 Belvidere Ave. for Jorge A. Burgos
  Recommend that the order be adopted

13C. The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 256 Walnut St. for Miguel A. Rodriguez. Recommend that the order be adopted

13D. The Committee on Ordinance to whom was referred an order  that a no parking sign be install near the driveway of 970 Hampden.
  Recommend that the order be adopted

13E. The Committee on Ordinance to whom was referred an order  that our City Engineer evaluate the intersection at the city line at Rock Valley Road and Southampton Roads for the possibility of a 4 way stop sign or recommend other safety improvement options. Recommend that the City Council approve the recommendations of the City Engineer

13F. The Committee on Ordinance to whom was referred an order that the City Council amend the Whiting Street Reservoir Study Committee Ordinance to permit the at-large members of the committee to name up to two alternates. Recommend that the order be adopted

13G. The Committee on Ordinance to whom was referred an order that “no parking” be established and signs installed on Lower Westfield Rd. from the Elks driveway to the reservoir gate. Recommend that the order be adopted

13H. The Committee on Ordinance to whom was referred Special Permit application submitted by United Tractor Trailer School Inc. for the use of a temporary storage unit pursuant to Sec. 7.2.12 of the zoning ordinance at 50 Holyoke St. Red Lot Extension  (Map 176 Block 00 Parcel 014) Recommend that the order be adopted with the following conditions:
1. That the storage structure be properly maintained
2. That the storage structure be be aesthetically pleasing in nature .

13I. The Committee on Ordinance to whom was referred an order  that the City Engineer research and provide the council with recommendations for how to change the ordinance related to downtown parking so that businesses and residential needs can be best met. Recommend that the order has been complied with

13J. The Committee on Ordinance to whom was referred an order that the City Engineer make a recommendation to the city council regarding the crosswalk from Elmwood Towers across South St.  There is parking on either side of the crosswalk and pedestrians cannot see the flow of traffic from the sidewalk. recommend that the order has been complied with

13K. The Committee on Ordinance to whom was referred an order that a handicap space be placed in front of 302 Chestnut St. Apt. 2A for Harain Aldarando
  Recommend the order be given leave to withdraw: There is an existing handicap parking space at the location and DPW will be putting up the necessary signage

14. Finance Committee Reports (if any)

14A. The Committee on Finance to whom was referred an order  that the finance committee of the City Council meet to discuss earmarking the income derived from the marijuana industries host agreements and tax revenues as follows: 20% deposited into the stabilization fund; 45% deposited into a capital improvement fund; 35% deposited into the general fund. Recommend that the order be adopted as amended: and referred to the Mayor

 that the finance committee of the city council meet to discuss earmarking the income derived from the marijuana industries host agreements and tax revenues as follows: 10% deposited into the stabilization fund; 55% deposited into a capital improvement fund; 35% deposited into the general fund.

14B. The Committee on Finance to whom was referred an order  that there be and is hereby appropriated by transfer in the fiscal year 2020, THREE THOUSAND DOLLARS AND 00/100 Dollars ($3,000.00) as follows:

FROM:
12402-53010      OTHER CONTRACTED SERVICES                   $3,000.00
                        TOTAL: $3,000.00
TO:
12401-51201      PROPERTY MAINT/DEMO SUPERVISOR                     $3,000.00
                        TOTAL: $3,000.00 Recommend that the order be approved

14C. 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 “FY19 BULLETPROOF VEST PARTNERSHIP ” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the order be approved

14D. 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 “FY19 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE ” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the order be approved

14E. 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 “FY2019 EMERGENCY MANAGEMENT PERFORMANCE ” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the order be approved

14F. The Committee on Finance to whom was referred an order That the Assessor, Tax Collector, and Auditor develop a document that details the history of tax revenue and growth since the 5 years prior to the closing of the Mt. Tom Power Plant.  Please submit report within 3 weeks. Recommend that the order has been complied with

14G. The Committee on Finance to whom was referred an order  that the tax collector report to the City Council to find out exactly or to their best estimate what the City will be getting in tax revenue from the marijuana industry here in the city? Recommend that the order has been complied with

14H. The Committee on Finance to whom was referred an order That the Assessor and/or Tax Collector inform the council of how many tax-exempt properties exist within the City and provide us with a list of those businesses/entities.  Please submit report within 3 weeks.
  Recommend that the order has been complied with

15. Public Safety Committee Reports (if any)

15A. The Committee on Public Safety to whom was referred an order  that the committee reviewing the status of dangerous buildings provide the city council a report of all  buildings now marked with a red X, including ownership and if there are plans for those buildings in the near future. Also, if possible, an estimate of what it would cost to demolish each of these buildings.  Recommend that the order has been complied with

15B. The Committee on Public Safety to whom was referred an order  that the HPD and HFD come in to discuss any marijuana related incidents in the past 6 months and whether they see a need for any additional regulations that would help avoid similar problems in the future. Recommend that the order has been complied with

15C. The Committee on Public Safety to whom was referred an order that the city consider having the trees located in city parks examined to assure they are all still healthy.  This is filed after a large tree fell on what in fall would be a youth soccer field area. Recommend that the order has been complied with

15D. The Committee on Public Safety to whom was referred an order That the public safety committee invite in the Police Department and the DPW to discuss the parking garage issues and come up with options to clean and protect the area. Recommend that the order has been complied with

16. Public Service Committee Reports (if any)

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

17A. The Committee on Development and Governmental Relations to whom was referred Special Permit applications for Mr. Ismael Ramos to establish an Auto Repair 7.2.13(A) and Auto Sales 7.2.13 business at 64 Clemente St. Holyoke MA (Map 030 Block 03 Parcel 011)  Awaiting disposition

17B. The Committee on Development and Governmental Relations to whom was referred a Communication: (2) Professional Services Agreements between office of the Mayor and Rory Casey Awaiting disposition

17C. The Committee on Development and Governmental Relations to whom was referred a Special Permit application of Peoples Bank for a Commercial Drive-Thru ITM (4.3) at 825 Hampden St.  (Map 092 Block 00 Parcel 110, 111, and 112) Awaiting disposition

17D. The Committee on Development and Governmental Relations to whom was referred an order  that the City Council receive a communication regarding the Casey contract with an effective date of March 22, 2019, from city Auditor/Treasurer.  The communication should include all invoices and payment copies relative to this contract.  Please specify the accounts in the budget from which funds were paid. Further, the City Auditor or any relevant official shall provide all reports produced as a result of this contract.  Finally, the City Auditor or any relevant official  shall provide documentation of what was delivered to the City by Mr. Casey for the $2,000.00 contracted amount.  Please provide these to city council by the first regular city council meeting in November 2019. Awaiting disposition

17E. The Committee on Development and Governmental Relations to whom was referred an order  that The law dept. and problem property group provide it’s regular 6-month update on the city’s receivership program and any other relevant issues.  Refer to DGR with copy to Law Dept.  Plan to make a committee presentation in November or December. Awaiting disposition

17F. The Committee on Development and Governmental Relations to whom was referred an order 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. Awaiting disposition

17G. The Committee on Development and Governmental Relations to whom was referred an order The Mayor or the Law Department or anyone with knowledge of the two Casey contracts please advise City Council as to who drafted the two contracts between the City of Holyoke and Rory Casey as it was disclosed by the city’s law department at Ordinance meeting on 10/8/19 that it did not draft the city contracts signed by the Mayor and Mr. Casey. Awaiting disposition

18. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

20. BRESNAHAN — order that the tax collector provide the city council with the top 100 property owners that are delinquent or are not current with their City of Holyoke tax bills,  Please provide an updated list to the Council within 30 days of this order

21. BRESNAHAN — the Director of Veteran Services come before City Council to discuss veterans Tax Work off Program, eligibility requirements, avenues of advertising being completed, and available slots to ensure that the veterans property owners are aware of this program.  Perhaps with more public advertisement a larger pool of applicants would apply

22. LEAHY — Ordered that the department of public works Installs a extremely large sign that says 18 wheeler trucks cannot make it under this bridge on the corner of Main Street and Lyman Street.

23. LEBRON-MARTINEZ — that in order to allow for development and redevelopment of properties in the area in alignment with existing City plans; provide cohesiveness to the area and bring those parcels further into conformity, the following parcels be zone changed as shown in the following table:

PARCEL ID        OWNER                 PROPOSED        CURRENT USE
011-07-008         N.E. Telephone         RO to BC            parking lot

011-07-009         N.E. Telephone         RO to BC            parking lot

011-07-010         N.E. Telephone         RO to BC            telephone exchange station

011-10-002         2nd Cong. Church     RO to BC            religious

011-10-003         Foley Property           RO to BC            educational property

011-10-005         Foley Property           RO to DR            parking lot

011-10-006         Alecto Realty Trust    RO to DR            Two-Family

011-10-007         LC2 Holyoke LLC      RO to DR            developable land

011-10-008         LC2 Holyoke LLC      RO to DR            developable land 

24. LEBRON-MARTINEZ — That Heritage Street, between Dwight St and Appleton St, be changed to a one way only.

25. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2020, THIRTY NINE THOUSAND THREE HUNDRED TWENTY FIVE AND 32/100 Dollars ($39,325.32) as follows:

FROM:
12101-51105 SERGEANTS $19,450.83
12101-51107 PATROLMAN 19,874.49
TOTAL: $39,325.32
TO:
12101-51180 INJURED ON DUTY $39,325.32
TOTAL: $39,325.32

26. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2020, FIVE THOUSAND EIGHT HUNDRED FORTY SEVEN AND 30/100 Dollars ($5,847.30) as follows:

FROM:
12201-51104 LIEUTENANTS $5,231.02
12201-51105 FIREFIGHTER 616.28
TOTAL: $5,847.30
TO:
12201-51180 INJURED ON DUTY $5,847.30
TOTAL: $5,847.30

27. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “MUNICIPAL ENERGY TECHNICAL ASSISTANCE 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.

28. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2020 PLANNING ASSISTANCE GRANT” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

29. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2020, TWENTY EIGHT THOUSAND SIX HUNDRED FORTY THREE AND 52/100 Dollars ($28,643.52) as follows:

FROM:
12101-51109 POLICE RESERVES $28,643.52
TOTAL: $28,643.52
TO:
12102-55860 PERSONNEL EQUIPMENT $28,643.52
TOTAL: $28,643.52

30. MURPHY — Ordered that the mayor, the law department, and the police department provide an update to the public safety committee regarding the nuisance complaint for the buildings on Appleton and Elm St and 556 S Bridge St.  Can we expect a greater police presence with the landlord’s cooperation in the near future?  

31. MURPHY — Ordered that the director of the housing authority and the superintendent of the DPW appear before the DG&R committee to discuss plans to improve the snow removal in the narrow paved alleys in the Churchill Homes section of the city.  These paved alleys lead to back yard driveways for some homeowners, and plowing needs to be done to remove the snow from blocking access to the gated areas.

32. MURPHY — Ordered that the personnel director, the director of the health department, and the mayor coordinate a CPR training for all city department heads, and as many employees as possible within the next thirty days.  Training should take place during normal business hours.  It is my understanding that the city has an AED for both city hall and the city hall annex, but neither are yet in use because of a lack of training.

33. MURPHY — Ordered that the City consider establishing a policy to provide handicapped parking spots during winter reverse parking orders.  The signage would only be placed opposite current handicapped parking slots, and only be enforced during a reverse plowing period.

34. MURPHY — Ordered that the DG&R committee meet with the appropriate city departments to review the events leading up to the problems at 62-64 Commercial Street. Have there been previous concerns about the heating system within those buildings?  Also, please review what went well in terms of providing solutions for the tenants, and what did not go well, so that we can improve the process in the future.  

35. VACON — that the City Auditor provide documentation of the refund for $9,999.00 for the Christmas tree purchased in 2017 and explain how the refund will be handled.  The tree was originally paid for out of the DPW and Parks and Recreation budgets.

36. VACON — the legal department provide a copy of the letter to the owner of the group home on 333 Rock Valley Road informing them they must apply for a special permit for a front driveway from the City Council.

37. VACON — that the 25mph speed limit be posted on Evergreen, Bray Park Dr. and Meadowbrook at locations determined by DPW.

38. VACON — That City Council establish a school building study committee to review options and recommend steps for improvements within our city budget.

Membership to include but not be limited to:
Mayor, Receiver, one school committee member, one CC member, one small business owner, one large business owner, a parent with children in the public schools, a renter, a senior citizen, one teacher.  Membership should represent all wards of the city to the greatest extent possible.

39. BARTLEY — Ordered that in accordance with M.G.L. Ch. 40 Sec. 4A the City Council approve an intermunicipal agreement between the Springfield Water & Sewer Commission, City of Chicopee, City of Holyoke, and Pioneer Valley Planning Commission for the continuation of the Connecticut River Cleanup Committee.

40. BARTLEY — That the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $10,000.00 from Alfred Shattelroe to purchase and redevelop 47 Chapin Street which is currently a vacant two-family house on a 6,839-square foot lot. The property is identified in the Holyoke Assessor’s Records as Map 079, Block 00, Parcel 014 zoned Downtown Residential (DR) with an assessed value of $116,000.

41. BARTLEY — Ordered, that in accordance with M.G.L. ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 712 – 716 Dwight Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 006, Block 06, Parcel 010, consisting of a vacant eight-unit apartment building situated on a 2,744-square foot lot which is more particularly described in a deed recorded at the Hampden County Registry of Deeds in Book 10944, Page 51. On August 6, 2019 the property was awarded to the City via Land Court Decree with a final judgment recorded in Hampden County Registry of Deeds Book 22792, Page 87.  The property is zoned Limited Business (BL) and has an assessed value of $246,300.  (parcel map and assessor card included)

42. BARTLEY — 123 Pine – license Ordered, that in accordance with Section 2-336(c) of the Holyoke Code of Ordinances, the City Council approves a License to Enter with the Valley Opportunity Council, Inc. (VOC) for 123 Pine Street and the adjacent parcel (#062-03-001).  The purpose of the License to Enter is to allow VOC property access to perform its due diligence for its planned redevelopment of the properties.  The VOC entered into an Option Agreement with the Holyoke Redevelopment Authority to acquire and redevelop the properties.  The License to Enter shall expire on September 30, 2020 being the same date as the Option Agreement ends. Should the Option Agreement be extended, the License to Enter shall also be extended until the date of closing of the property sale.

43. BARTLEY — That a handicap sign be placed in front of 9 Gates St. for Jeffery Potter.

44. BARTLEY — City Assessor send a communication to City Council for its first meeting in December 2019 documenting the history of “free cash” certified by DOR to the City of Holyoke from 2010 to 2019.

45. BARTLEY — The City Auditor provide an update to City Council on “free cash” as soon as possible.

46. BARTLEY — City Engineer provide a recommendation for temporary parking in front of United Bank, 1830 Northampton St., between Corser St. and United’s driveway. Refer to Ordinance.

47. BARTLEY — DPW pave Granville St. as soon as possible.

48. BARTLEY — That the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $1.00 from Western Mass Demo Corp. to purchase and redevelop 229 Beech Street which is currently a vacant single-family house on a 6,491-square foot lot. The property is identified in the Holyoke Assessor’s Records as Map 061, Block 06, Parcel 006 zoned Multifamily Residential (RM-20) with an assessed value of $106,400.

49. BARTLEY — That the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $1.00 from Western Mass Demo Corp. to purchase and redevelop 2 James Street which is currently a vacant single-family house on a 6,360-square foot lot and the adjacent James Street parcel comprised of an 8,500 square foot lot. The properties are identified in the Holyoke Assessor’s Records as Map 082, Block 00, Parcel 059 and Map 082, Block 00, Parcel 060 both zoned Downtown Residential (DR) with assessed values of $87,600 and $4,700.

50. BARTLEY — That the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $1.00 from Western Mass Demo Corp. to purchase 2 Vernon Street and the adjacent parcel which are identified in the Holyoke Assessor’s Records as Map 082, Block 00, Parcel 099 and Map 082, Block 00, Parcel 100. The property is the former Springdale Turn Hall is approximately 11,300 square feet in size situated on a 24,560-square foot lot.  Western Mass Demo Corp. proposes to demolish the structure and construct two houses on the properties.   Both properties are zoned Downtown Residential (DR) with assessed values of $75,300 and $86,000.

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 November 15, 2019 by