Holyoke City Council Meeting January 16, 2018

REGULAR MEETING OF THE CITY COUNCIL
January 16,2018

The meeting was called to order by President McGee at 07:08 PM.

The Clerk called the roll. Absent members: 0 Present Members 13 (Anderson-Burgos, Bartley, Bresnahan, Leahy, Lebron-Martinez, Lisi, McGee, McGiverin, Roman, Sullivan, Tallman, Vacon, Valentin).

The name of Councilor Lisi was drawn to head the roll call voting.

LAID ON THE TABLE

From Brenna Murphy McGee CMC, City Clerk minutes from December 19, 2017.
—> Approved as amended.

PUBLIC COMMENT

COMMUNICATIONS

From Mayor Alex B. Morse, letter re-appointing Mr. Joseph Paul, 18 Florence Ave. to serve as a member of the Historical Commission for the City of Holyoke: Mr. Paul will serve a three-year term; said term will expire on January 2021.
—> Received and appointment confirmed.

From Brenna Murphy McGee CMC, City Clerk, minutes of Inauguration of City Government 2018 and regular Council meeting of January 2, 2018.
—> Received and adopted.

From Board of Public Works, Sewer Commission and Stormwater Authority minutes of December18, 2017.
—> Received.

Motion was made and seconded to suspend the necessary rules and take late file A out of order:
From Paul Payer, City Solictor letter re: MCAD Complaint
—> Laid on the table.

REPORTS OF COMMITTEES

The Committee on Ordinance to whom was referred a special permit application for Gary Rome for a non-accessory sign at Parcel A Whiting Farms Rd. Map 177 Block 00 Parcel 013B
have considered the same and Recommend that the special permit be approved .

Committee Members:
Linda L. Vacon
Rebecca Lisi
Kevin A. Jourdain
David K. Bartley
Diosdado Lopez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0 –Absent 0.
Approved by the Mayor.

The Committee on Ordinance to whom was referred an order that due to safety concerns the transfer of money or goods between a motorist or its occupants and a pedestrian on any traveled portion of a road shall be prohibited. If a vehicle is legally parked and/or on private property, then this shall not apply. Violation of this ordinance shall result in a $75 dollar fine to the motorist
have considered the same and Recommend that the order be adopted .

Committee Members:
Linda L. Vacon
Rebecca Lisi
Kevin A. Jourdain
David K. Bartley
Diosdado Lopez
—> Report of Committee received and Denied on a call of the roll of the yeas and nays –Yeas 5 (Bartley, Bresnahan, Roman, Sullivan, Vacon)–Nays 8–Absent 0.

The Committee on Ordinance to whom was referred an order that the City or the Contractor who is doing the construction or reenhancement work be ordered to put caution signs and slow signs when traffic is diverted from a busy through street to a quiet residential street.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Linda L. Vacon
Rebecca Lisi
Kevin A. Jourdain
David K. Bartley
Diosdado Lopez
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

Motion was made and seconded to suspend the necessary rules and take items 12-14 as a pacakge
MCGIVERIN Ordered, that that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2018 TRAFFIC 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.
To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, January 16, 2018.

Alex B Morse, Mayor
—> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “State 911 Dept Training and EMD/Regulatory Compliance 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.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, January 16, 2018.

Alex B Morse, Mayor
—> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “State 911 Deparetment Support and Incentive 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.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, January 16, 2018.

Alex B Morse, Mayor
—> Received and referred to the Finance Committee.

MCGEE Ordered, that That a resolution be adopted regarding Celebrating Women in Public Office Day, please see attached.
—> Received and adopted.

MCGEE Ordered, that that Section 6.4.7 of zoning be sent back to ordinance to be amended in order to be in conformity with the rest of the sign ordinances under the zoning code.
—> Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules and take items 17 18, 22 & 30
ROMAN, Tallman Ordered, that  Whereas, this order seeks to assist the successful reintegration of formerly incarcerated people into the community by removing barriers to gainful employment after their release from prison. More than 650,000 people are released from state and federal prisons each year and hundreds and thousands more leave local jails.   Formerly incarcerated people represent a group of job seekers ready to contribute and add to the work force.  Lack of employment is a significant cause of recidivism; people who are employed are significantly less likely to be re-arrested.   Obstacles to employment for people with criminal records and other barriers to re-entry are creating permanent members of an underclass that threatens the health of the community and undermines public safety.

That the City of Holyoke Personnel Department and its contractors review and make revisions to their current civil service processes and eliminate any barriers, during an interview and application process, that may preclude applicants with criminal records from gaining employment with the City of Holyoke and/or its contractors.  Giving exception to any employment having to deal with the elderly, and the youth.
—> Received and referred to the Ordinance Committee.

ROMAN Ordered, that Ordered, that the City of Holyoke establish through ordinance a Human Rights Commission, multi-member body of the City. The Commission shall advocate, serve as an information resource, and ensure residents rights are guaranteed pursuant to local, state, and/or federal law on the basis of race or color, gender, gender expression, physical or mental ability, religion, socio-economic status, ethnic or national origin, sexual identification or orientation, or age for all persons within the City of Holyoke.  The body shall be appointed by the Mayor with City Council Confirmation.
—> Received and referred to the Ordinance Committee.

ROMAN Ordered, that Ordered that the City of Holyoke through ordinance create “gentrification mitigation zones.” “Gentrification Mitigation Zones,” or GMZ will be areas with large working class and highest concentration of poverty according to the US Census Data tracts, above-average increases in property values and signs of resident displacement. The districts would be subject to stronger protections for tenants whose housing may be at risk as developers and people with higher incomes move into a neighborhood.
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In a gentrification mitigation zone, tenants of a building that’s put up for sale would have the first chance to buy it, with the possible assistance of local (i.e. CPA), state and federal funds. If renters opted not to buy their building, the sale would be subject to a tax of 1 percent or less to assist tenants who face displacement locally.
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Developers in these proposed zones would also have to create community impact statements to address how they would affect the neighborhood’s character, existing affordable housing, schools and other resources. They would be required to meet with any Ward Councilor in which a zone lies and the local neighborhood councils to present their plans.
—> Received and referred to the Ordinance Committee.

ROMAN Ordered, that Ordered that Resident Only parking be established on Ivy Avenue in Holyoke.  Constituent Request.
—> Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules and take items 19-21 as a package
ROMAN Ordered, that Ordered That the DPW paint parking lines on both sides High Street on the intersections of Resnic Boulevard and Jackson Street, businesses and residents are requesting that parking lines be painted.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

ROMAN Ordered, that Ordered That the DPW re-paint parking lines in South Holyoke on Main Street, South Bridge Street, Clement Street, and South Canal Street.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

ROMAN Ordered, that Ordered That the DPW place a large Public Parking Sign on the City Parking lot on the corner of Main and Hamilton (2nd Request).
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

ROMAN Ordered, that Ordered that the Holyoke Public Works Department provide a detailed inventory of all benches/park equipment in storage at the John J. Lynch School.  (Include trash receptacles, tree planters etc).
—> Received and referred to the Development and Governmental Relations Committee. Copy to DPW.

Motion was made and seconded to suspend the necessary rules and take itmes 24-29 as a package
ROMAN Ordered, that Ordered that the City of Holyoke place a binding referendum changing the charter to make terms of all remaining local municipal elected officials not elected to four year terms to switch and become four year terms.  (I.E. City Council, School Committee, etc
—> Received and referred to the Charter and Rules Committee.

ROMAN Ordered, that Ordered that the City Council Review and Hold a Public Hearing on the Rules of the City Council and make any recommendations for changes to the Rules Document.
—> Received and referred to the Charter and Rules Committee.

ROMAN Ordered, that Ordered that the City of Holyoke Review in collaboration with the City Clerk the processes for a Citizens Petition, that appear in the City Charter, making process more streamlined and standard.
—> Received and referred to the Charter and Rules Committee.

ROMAN Ordered, that Ordered that the City of Holyoke amend its rules to add public comment as part of all committee meetings, allowing members of the public the opportunity to speak at all committee meetings.
—> Received and referred to the Charter and Rules Committee.

ROMAN Ordered, that Ordered 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

(a)
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.

(b)
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.

(c)
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.

(d)
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.

(e)
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.

(f)
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.

(g)
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.
—> Received and referred to the Charter and Rules Committee.

ROMAN Ordered, that Ordered that an non binding ballot question be placed on the next election ballot.
Ballot Question Should 16 and 17 year old vote in municipal elections?
Shall the City of Holyoke implement and allow residents of the ages of 16 and 17 the right to vote in municipal elections?
—> Received and referred to the Charter and Rules Committee.

VACON Ordered, that that the City Solicitor send a memo to all elected officials advising each of the new ethics ordinance and the contractors that are restricted from donating to campaigns.
—> Received and adopted. Referred to the Legal Department. Copy to Ordinance.
Approved by the Mayor.

VACON Ordered, that that the City Solicitor send a memo to our Mayor to comply with the new emergency notice ordinance.
—> Received and referred to the Legal Department.

VACON Ordered, that that all political signs on any building or property exceeding six (6) square feet be removed within 30 days or any fines be imposed as available per ordinance.  If there are no fines listed, refer this matter to Ordinance Committee to establish a fine for the violation. —> Received and adopted. Referred to the Building . Copy to Legal Department and Ordinance Committee.
Approved by the Mayor.

VACON Ordered, that that the two, two acre parcels on Mountain Rd adjacent to the conservation area be placed into the conservation area. (across from 315 Mt. Rd in front of the old shooting range).
This is a constituent request.
—> Received and referred to the Development and Governmental Relations Committee.

LATE FILED ORDERS & COMMUNICATIONS

Adjourn at 08:05 PM.
A true record
ATTEST:

______________________________
City Clerk