Holyoke City Council Special Meeting June 28, 2018

SPECIAL MEETING OF THE CITY COUNCIL
June 28,2018

The meeting was called to order by President McGee at 06:12 PM.

The Clerk called the roll. Absent members: 4 (Anderson-Burgos, Lisi, Roman, Valentin) Present members 9 (Bartley, Bresnahan, Leahy, Lebron-Martinez, McGee, McGiverin, Sullivan, Tallman, Vacon).

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

PUBLIC COMMENT

COMMUNICATIONS

Letter from Assistant Solicitor Crystal Barnes re: Host Community Agreements.
—> Received.

REPORTS OF COMMITTEES

The Committee on Development and Governmental Relations to whom was referred The Committee on Development and Goverment Relations to whom was referred a special permit application for a Home Occupation license for Andrea Alvarez to operate a hair salon at 45 Longwood Ave.
have considered the same and Recommend that the special permit be granted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Nelson R. Roman
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 0–Absent 4 (Anderson-Burgos, Lisi, Roman, Valentin).
Approved by the Mayor.
UNDER DISCUSSION: It was noted that the City Council did not have the necessary 9 members to be able to effectively vote in favor of any of the DGR Committee reports. Motion was made and seconded to recess the meeting until such time as the 9th Council member would attend the meeting.
Councilor Bartley noted that the applicant would like to operate a hair salon business on the corner of Longwood and Oakwood Ave. It was noted that certain conditions were put on the applicant in order to better regulate parking and business hours and ensure that the business is not a burden to the neighbors in the area.
Conditions include: On street parking is allowed only in front of 45 Longwood Ave. and only on the Longwood Ave.
Hours of Operation to be Monday, Wednesday, Thursday, and Friday from 2pm to 8pm. Business is to book by appointment only and no walk ins are to be allowed. Business is to serve one person at a time and no waiting room shall be used. Business is to operate only one chair at a time and receive no deliveries. Motion made and seconded to adopt the committee report and approve the Sp. Permit.

City Council reconvened at approximately 6:30pm

The Committee on Development and Governmental Relations to whom was referred The Committee on Development and Governmental Relations to whom was referred a special permit application for a Home occupation license for John and Erin Kelly at 123 Homestead Ave. for a yoga class business.
have considered the same and Recommend that the special permit be granted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Nelson R. Roman
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 0–Absent 4 (Anderson-Burgos, Lisi, Roman, Valentin).
Approved by the Mayor.
DISCUSSION: DGR Chair Bartley spoke and stated that the individuals would like to operate yoga classes at 123 Homestead Ave. It was noted that there was an ancillary structure on the property where the classes would be taught. It was noted that the conditions the Committee recommended were that the hours of operation be Monday through Thursday and Saturday from 10am to 12pm and Monday through Thursday 6pm to 8pm. Classes are only to take place in the ancillary in the house. Business is to have off street parking only and not have any signs. Councilor Bartley noted that these conditions were recommended 4-1 and that the dissenting vote on the committee did not feel there should be time restrictions on the business. Councilor Bartley stated that the feeling of the majority of the Committee was that because the business in a residential zone there should be a time restriction to ensure the business is not a burden on neighbors. Motion was under structure and made and seconded to approve the Sp. Permit with the conditions

The Committee on Development and Governmental Relations to whom was referred 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 declare the parcel at 55 Hamilton Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors’ records as Map 028, Block 03, Parcel 006, consisting of a vacant lot approximately 3,485 square feet in size and is more particularly described at the Hampden County Registry of Deeds in Book 4886, Page 123. On January 9, 1991 the property was awarded to the City via Land Court Decree with a Final Judgment recorded in Hampden County Registry of Deeds Book 7634, Page 473.  The property is zoned as Downtown Residential District (DR) and has an assessed value of $28,100.
have considered the same and Recommend that the order be adopted .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Nelson R. Roman
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 0–Absent 4 (Anderson-Burgos, Lisi, Roman, Valentin).
Approved by the Mayor.
DISCUSSION: DGR Chair Bartley spoke on the order and noted that Marcos Marrero attended meeting and gave information about the parcel and location. It was noted a visual presentation was made that was really helpful in understanding the area. Councilor Bartley gave brief history of the lot. It was noted that there is some interest for abutters in developing the parcel. It was noted that the feeling is that OPED would be able to do a good job in putting out an RFP for the property and find interested parties to make use of the parcel.

The Committee on Development and Governmental Relations to whom was referred Ordered, that the Honorable City Council, in accordance with the Massachusetts General Laws and the City of Holyoke Code of Ordinances, vote to approve the Memorandum of Understanding (MOU) between the City of Holyoke and the Holyoke Housing Authority for the acquisition of the land identified by Board of Assessors’ Map 004, Block 01, Parcels 1 through 7 bound by Chestnut, Cabot, Elm and Hampshire Streets (the former Our Lady of Perpetual Help Parish Block). The purpose of the MOU is to secure the Block as a site for the development of a school building or a housing development if a school building is not developed.
have considered the same and Sent to Council with no recommendation.

Motion was made and seconded to deny the Memorandum of Understanding.

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Nelson R. Roman
—> Report of Committee received and Adopted motion to deny on a call of the roll of the yeas and nays –Yeas 8–Nays 1 (Sullivan)–Absent 4 (Anderson-Burgos, Lisi, Roman, Valentin).

The Committee on Development and Governmental Relations to whom was referred Ordered, that the Honorable City Council, in accordance with the Massachusetts General Laws and the City of Holyoke Code of Ordinances, vote to approve a consensual Order of Taking or Deed in Lieu of Taking in accordance with the Purchase and Sale Agreement between the City of Holyoke and the Roman Catholic Bishop of Springfield to acquire by right of eminent domain, in consideration for just compensation unless previously waived , a portion of parcel 014-02-001, also known as 71 Maple Street and further identified in the Hampden County Registry of Deeds Book 612, Page 421, and Book 674, Page 422-423; to be known as parcel 014-02-003.
have considered the same and Sent to Council with no recommendation
Motion was made and seconded to deny the taking of deed. .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Nelson R. Roman
—> Report of Committee received and Adopted motion to deny on a call of the roll of the yeas and nays –Yeas 9–Nays 0–Absent 4 (Anderson-Burgos, Lisi, Roman, Valentin).
UNDER DISCUSSION: Committee Chair Bartley noted that the DGR Committee did not have a recommendation on the orders. Council was given clarification from the Law Dept. on whether both order could be voted upon as a package. Law Dept. stated that the two orders are intertwined and that you cannot really have one without the other and therefore can be voted upon as a package. Councilor Bartley gave committee report and noted a bit of the history of Mater Dolorosa church. Councilor Bartley gave information on the MOU and the process that had taken place and negotiations between the Mayor and the Roman Catholic Bishop of Springfield for the City to purchase the church. It was noted that $50,000 would be paid to the Diocese and that there were restrictions put on the City for use and ownership. Councilor Bartley gave summary of the restrictions that would be placed on the City. Councilor Bartley also noted that there would be pretty significant tax abatement included in the acquisition agreement. Councilor Bartley noted items in the Church that the diocese would be able to take ownership of including a Polish eagle emblem, altars, pews, candles etc. Councilor Sullivan stated that the Mater Dolorosa Preservation Society has already stated an interest in stepping forward and operating the building. Councilor Sullivan spoke on the pros of going through with the purchase of the Church. Councilor Bartley spoke and stated that he is passionate about the effort to save the building because it is an icon of the City of Holyoke. Councilor Bartley stated that the deal is terrible for the City of Holyoke and therefore he could not vote for it. Councilor Bartley stated that the contract is one sided and hard- nosed against the City and stated that the diocese is stripping the building bare and leaving the four walls and also getting a tax abatement. Councilors commended the Mayor and City officials for their effort on the building but stated that the deal is too one sided and not a good one for the City. Councilors spoke on the beauty of the building and noted that there have been efforts made by the City to try and preserve the building. Councilors noted that though the building is worth preserving the contract in front of the City is not the best way to go about it. Councilors also spoke on the unknown liabilities and expenses that would come with the purchase of the building and noted that these are potential problems going forward if the sale is made. Councilor McGiverin stated that the building is worth being preserved but stated that the City of Holyoke should not be undertaking such a purchase alone and stated that in the past the City has gotten involved with certain partners that would assume part of the cost and liabilities. Councilor McGiverin stated that in this case the City alone would be taking on the whole cost and whole liability. Councilor McGiverin stated that he would not vote for the orders. Motion was made and seconded to deny.

ORDERS AND TRANSFERS

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2018, Fifty thousand and 00/100 Dollars ($50,000) as follows:

FROM:
*****-***** Free Cash $50,000
TOTAL: $50,000
TO:
11732-57950 Land Taking $50,000
TOTAL: $50,000

—> Order is still in Finance Committee and because of City Council rules it can not be taken out of committee.

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2018, Fifty thousand and 00/100 Dollars ($50,000) as follows:

FROM:
8810-10400 Stabilization Fund — Cash $50,000
TOTAL: $50,000
TO:
11752-57950 Land Taking $50,000
TOTAL: $50,000

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Thursday, June 28, 2018.

Alex B Morse, Mayor
—> Order is still in Finance Committee and because of City Council rules it can not be taken out of committee.

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2018, Seventy-nine thousand and 00/100 Dollars ($79,000) as follows:

FROM:
*****-***** Free Cash $79,000
TOTAL: $79,000
TO:
11552-53100 Software License $44,000
11552-53180 System Hardware 35,000
TOTAL: $79,000

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Thursday, June 28, 2018.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 0–Absent 4 (Anderson-Burgos, Lisi, Roman, Valentin).
Under Discussion:
Councilor McGiverin have overview of the order noting that the phone system had previously crashed and efforts needed to be made to get an immediate replacement because there was no hope to have it repaired. It was noted that the IT line item was used for the services and noted that now that money was needed to go forward. Rules were suspended to allow Mayor Morse to address the Council. Mayor Morse spoke and gave full explanation of why the allocation was needed and how the phone system had crashed. Motion was made and seconded to approve the order

LISI Ordered, that the City Council, in accordance with MGL Chapter 43, Section 43, submit the following question to the voters at the next biennial state election: ” Shall this City allow the sale of marijuana products, as those terms are defined in G.L. c.94G, 1, for consumption on the premises where sold, a summary of which appears below?” Passage of this order shall be contingent on the state legislature’s approval of House Bill 4284 or other legislative/interpretive change to M.G.L. c. 94G, sec 3(b) deemed acceptable by the Secretary of the Commonwealth.
—> Received and referred to the Ordinance Committee.

BARTLEY Ordered, that in accordance with M.G.L. ch30B and the Holyoke Code of Ordinances procurement ordinance, the City Council consider declaring a portion of parcel on Easthampton Rd. as surplus property available for disposition subject ot certain reuse restrictions. This parcel is shown as “Proposed Parking Lot Easement” measuring approximately 0.70 acres on the “Easement Plan” dated June 6, 2018 and prepared by R. Levesque Associates, Inc. attached hereto. The parcel is a portion of premises identified by the Holyoke Board of Assessors records as Map 212, Block 00, Parcel 001 and more particularly described at the Hampden County Registro of Deeds in Book 16740, page 126.
—> Received and referred to the Development and Governmental Relations Committee.

Adjourn at 07:56 PM.
A true record
ATTEST:

______________________________
City Clerk