A Holyoke photographer said he worries that the City Council's consideration of a proposal to regulate drones could harm his business, which includes use of a camera-mounted drone.
HOLYOKE -- Drones would be prohibited from flying over certain properties under a proposal the City Council will consider in a meeting at 7 p.m. at City Hall.
Follow along as live coverage is posted in the comments section under this story.
The proposal to regulate drones, which can be equipped with cameras, is one of the agenda's last items. (See below). But since residents are expected to address the proposal during the public speak-out period, including at least one who plans to oppose the plan, it is possible the council will move for discussion sooner.
A drone is a flying robot that can be operated by someone on the ground by remote control or using a computer such as a smartphone, according to online sources.
Council President Kevin A. Jourdain filed the proposal about drones:
"Chapter 54 of the Holyoke Code of Ordinances be amended to make it unlawful to use a drone to fly over the private property of another without their prior written consent. They shall also be prohibited from flying over any municipal property without the prior written consent of the city. A violation shall be subject to a fine. A drone shall be defined as any unmanned aerial system."
Jourdain said in a phone interview no specific complaint about drones prompted his order.
"I just think it's high time we have rules for this type of thing," Jourdain said. "There's nothing on the books that says people can't fly drones over other people's homes."
Enforcing such a municipal regulation on drones would appear to be a challenge, given that the person responsible for the drone flying in the sky might be nowhere visible.
Local photographer Jeffrey Byrnes uses a camera-mounted drone for his business and plans to speak against Jourdain's order.
"I think he's overstepped his bounds," Byrnes said in a phone interview.
Byrnes' work has been praised by city officials who have hired his drone camera to snap otherwise unavailable but revealing photos of the collapsing former Essex House hotel on High Street and the new access road at Holyoke Community College.
Byrne said he does work for a real estate agent such as showing the street around a home listed for sale. Such jobs could be banned under the proposed regulation. Or, the regulation could be used to help certain photographers but penalize others by making certain properties off limits, he said.
"It just seems ludicrous to me," Byrnes said.
The Federal Aviation Administration (FAA) officially calls a drone "an unmanned aircraft system," or UAS. The FAA requires that all drones be registered with the government for a $5 fee.
"Registration helps us ensure safety - for you, others on the ground, and manned aircraft," the FAA website said. "UAS pose new security and privacy challenges and must be traceable in the event of an incident. It will also help enable the return of your UAS should it be lost.
"By statute all aircraft are required to register. Congress has defined 'aircraft' to include UAS, regardless of whether they are operated by modelers and hobbyists," the FAA website said.
The council also will consider two vetoes that Mayor Alex B. Morse has issued of orders the council recently approved and sent to his desk.
This is Holyoke photographer Jeffrey Byrnes' drone.PHOTO BY JEFFREY BYRNES
One veto concerns the process by which certain state laws must be accepted by the city. The other is regarding the use of licenses to provide temporary use of a municipal property instead of a lease.
Override the mayor's veto requires a two-thirds majority, or 10 votes, from the 15-member City Council.
"It's our intention to vote to override them," Jourdain said.
Here is the City Council agenda:
AGENDA FOR THE CITY COUNCIL
February 16,2016
LAID ON THE TABLE
1. Petition of Verizon New England , Inc. to place one pole on the northerly side of Harvard St. at a point approximately one hundred seventy-three (173) feet Easterly from the center line of Pleasant St.
2. The Committee on Ordinance to whom was referred Ordered that the relevant sections of Chapter 86 of the Code of Ordinances be amended to allow the Holyoke Housing Authority to issue permits for parking on Leary Dr. and to authorize the Holyoke Housing Authority to tow vehicles parked without permits. Further, that the listing of spaces on Leary Dr. be reviewed and amended as necessary to update the location of the permit parking spaces and visitor spaces Recommend that the order be adopted
PUBLIC COMMENT
COMMUNICATIONS
3. From Mayor Alex B. Morse, letter re: veto of agenda Item #10, received and adopted on February 2, 2016.
4. From Mayor Alex B. Morse, letter re: veto of agenda Item #20, received and adopted on February 2, 2016.
5. From Brenna Murphy McGee, City Clerk and Ryan Allen, Admin. Asst. to City Council, minutes from February 2, 2016.
6. From Bellamy H. Schmidt, Acting City Auditor re: Monthly Budget Reports.
7. From Board of Health minutes from January 7, 2016.
8. From Board of Fire Commissioners minutes of December 7, 2015.
9. From Board of Public Works minutes from January 4, 2016.
10. From Sewer Commission minutes from January 4, 2016.
11. From Stormwater Authority minutes of January 4, 2016.
PETITIONS
12. Petition of Jay's B & B, LLC, for a new special permit for a Bed and Breakfast at 1109 Dwight St.
13. Petition of Atty. Thomas Wilson, for a zone change from R-1A to BH at 1575 Northampton St.
PRESIDENT'S REPORT
REPORTS OF COMMITTEES
14. Ordinance Committee Reports (if any)
14A. The Committee on Ordinance to whom was referred an order that an ordinance be created to allow renters access to the DPW facilities to bring refuse and surplus items just like homeowners Recommend that the order be adopted
14B. The Committee on Ordinance to whom was referred Ordered, that ordinances be reviewed to make sure that large commercial vehicles such as tractor trailer trucks are not being parked on residential streets overnight or for longer than 1 hour. Recommend that the order be given leave to withdraw
14C. The Committee on Ordinance to whom was referred an order Whereas: Traffic on Route 141 routinely blocks the intersection at Lindor Heights, Ordered: That the DPW paint a "do not block the box" box with cross hatching at the intersection and install appropriate signage. Recommend that the order be given leave to withdraw
14D. The Committee on Ordinance to whom was referred an order that Any hotel providing rooms for homeless individuals and/or families in cooperation with the State of MA for transitional assistance and community service that results in an increase in police calls exceeding the calls from the time prior to accepting these individuals and families shall provide private security or pay police officers for security from the hours of 6pm-2am seven days per week to ensure the safety of residents and the availability of police coverage throughout the city recommend that the order be given leave to withdraw
14E. The Committee on Ordinance to whom was referred an order That prior to seizure of any building for back taxes or other debt, the Treasurer present for approval to the Council documentation of the financial impact of such seizure, including any anticipated legal costs, rehab/demo costs and expected revenue from Recommend that the order be given leave to withdraw
14F. The Committee on Ordinance to whom was referred an order That the City Council pursuant to Ordinance 90-90 hold a public hearing and consider a modest change in the rates recommend that the order be given leave to withdraw
14G. The Committee on Ordinance to whom was referred an order That the Council petition the General Court to enact appropriate legislation allowing the enlargement of the License Commission from (3) to (5) members. Recommend that the order be given leave to withdraw
14H. The Committee on Ordinance to whom was referred an order That the DPW develop and implement a plan to accept bulk items from rental tenants residing in Holyoke Recommend that the order be given leave to withdraw
14I. The Committee on Ordinance to whom was referred an order That the DPW develop and implement a plan to accept yard waste from business properties located in Holyoke, including appropriate charges to support the costs Recommend that the order be given leave to withdraw
14J. The Committee on Ordinance to whom was referred an order That the DPW develop and implement a plan to for curbside pickup of bulk items for residents of Holyoke, including appropriate charges to cover the costs of pickup and disposal. Recommend that the order be given leave to withdraw
15. Finance Committee Reports (if any)
16. Public Safety Committee Reports (if any)
17. Public Service Committee Reports (if any)
17A. The Committee on Public Service to whom was referred an order that the Council move to fill the already ordained Youth Representative seat in Council meetings, advertising, interviewing, and filling the seat no later than 2/15/15 Recommend that the order be adopted and referred to Dr. Zrike
17B. The Committee on Public Service to whom was referred City Council review of Mr. Seth Taylor's reappointment to the Conservation Commission Recommend that the appointee be confirmed
17C. The Committee on Public Service to whom was referred City Council review of the reappointment of Anja Duffy to the Conservation Commission Recommend that the appointee be confirmed
17D. The Committee on Public Service to whom was referred an order that Mayor Morse and the Tax Collector, David Guzman, come into the City Council chambers to discuss the Head Clerk position that is vacant in the Tax Collectors office
Recommend that the order be given leave to withdraw
18. Development and Governmental Relations Committee Reports (if any)
19. Charter and Rules Committee Reports (if any)
MOTIONS, ORDERS AND RESOLUTIONS
20. LEAHY - the Mass Dept of Transportation installs a sign that reads "No Jake Brakes" at the beginning of the ramp at Exit 16 off of interstate 91.
21. MCGEE - that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "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.
22. MCGEE - that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "Hydroelectric Generation Unit Upgrade" 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.
23. ROMAN - the City of Holyoke create a three way stop at intersections of Papineau Street and Temple Street. To reduce the level of speeding vehicles passing through without slowing down, also this intersection is located behind the Robert F. Kennedy Children's Home School.
24. ROMAN - the City of Holyoke Fire Department, take over as the Emergency Medical Dispatch for the City (EMD).
25. ROMAN - the City of Holyoke Fire Department, serve as the backup Basic Life Support Ambulance for the City of Holyoke.
26. ROMAN - the current bus stop in front of 60 / 62 / 64 Hampshire Street, be moved in-front of open lot, located at 74 Maple Street, Holyoke, MA.
27. ROMAN - Resident Only Parking signs be placed in front of 60 / 62 / 64 Hampshire Street totaling four spaces.
28. ROMAN - That a handicap sign be placed in front of 136 Sergeant Street for Ivonne Mora.
29. ROMAN - That the City of Holyoke invite the Mayor, the School
JOURDAIN Department, the Law Department, and all other departments
necessary to appear before the Joint Committee of
the City Council and School Committee. The purpose
would be to discuss the permanent home of the School
Department Headquarters. Furthermore, on the feasibility
of 57 Suffolk Street, being acquired to permanently
house the school department, including through the
use of eminent domain, in order to save the tax payers
of the City of Holyoke money.
30. ROMAN - That Illeana Cintron, the newly hired, Family, Student, and Community Engagement Director appear before the Joint Committee of the City Council, and School Committee to outline vision for engagement, and answer any questions regarding said plan.
31. ROMAN - That the council adopt an ordinance to limit the hours of operation of businesses and/or to prohibit the 24 hour operation of businesses within the City and that the law department provide an opinion to the Council as to whether such an ordinance could apply to existing businesses, as well as options of ordinance language for the Council to consider.
32. BARTLEY - the Mayor's office kindly provide to the Ordinance committee copies of the contracts currently in force with Holyoke's towing vendors.
33. BARTLEY - City Council invite the Acting Regional Director of MA DOT to a future meeting of the Development & Governmental Relations Committee.
34. BARTLEY - DPW and MA DOT determine how to replace/upgrade the lights at Homestead Ave./Jarvis Ave./Cherry St. intersection. This would include walk signals (none there) and moving a light pole away from the curb on Homestead and adding guardrail.
35. GREANEY JR. - that all regular meetings of the Holyoke City Council shall start at 7:00 pm sharp. The meetings shall be chaired by the Council President or the senior member of the City Council present. City Councilors shall be limited to speak a maximum of two times on each individual agenda item unless further debate is deemed appropriate by the body.
Councilors shall be allowed to speak for up to two minutes on their first commentary period on each individual item. Each Councilor shall also be allotted a maximum of one minute to readdress the same item for their second commentary period.
(Rationale) To ameliorate the Holyoke City Council meetings so that all citizens can observe the Council meetings within reasonable time constraints.
36. GREANEY JR. - Late file orders of the Holyoke City Council shall be limited to ten items. If a late file order is deemed an emergency it may replace any order on the late file docket that is not an emergency in nature. The Item replaced shall be placed the next full Council agenda of the City Council.
37. JOURDAIN - Chapter 54 of the Holyoke Code of Ordinances be amended to make it unlawful to use a drone to fly over the private property of another without their prior written consent. They shall also be prohibited from flying over any municipal property without the prior written consent of the city. A violation shall be subject to a fine. A drone shall be defined as any unmanned aerial system.
38. JOURDAIN - DPW provide the City Council with the current list of private ways.
39. JOURDAIN - the City Council consider the acceptance of all private ways in the City of Holyoke as public ways.
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.