Holyoke City Council Meeting October 6, 2020

REGULAR MEETING OF THE CITY COUNCIL
October 6,2020

The meeting was called to order by President McGee at 07:04 PM.

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

The name of Councilor Anderson-Burgos was drawn to head the roll call voting.

Motion was made and seconded to suspend the necessary rules and take an item from committee
The Committee on Development and Governmental Relations to whom was referred Ordered that the DG&R committee invite in David Skoczulek, Vice President of Business Development, to discuss Mount Saint Vincent – iCare Health Network.
—> Received and complied with.

PUBLIC COMMENT

 

COMMUNICATIONS

From Mayor Alex B. Morse, letter appointing Mr. Luis Salazar, 160 Suffolk St. to serve as a member of the Holyoke Historic District for the City of Holyoke: Mr. Salazar will replace Ms. James Sheehan and will serve a three year term; said term will expire on October 1, 2023.
—> Received and appointment confirmed

Motion was made and seconded to suspend the necessary rules and take items 2-8 as a package
From Mayor Alex B. Morse letter appointing Mr. Michael J. Moriarty, 1 Lexington Ave. to serve as a Commissioner of the Licensing Board for the City of Holyoke: Mr. Moriarty will serve a six year term; said term will expire on October 1, 2026.
—> Received and referred to the Public Service Committee.

From Mayor Alex B. Morse letter appointing Mr. Harry Montalvo, 589 Pleasant St. #4L, to serve as a member of the Holyoke Historic District for the City of Holyoke: Mr. Montalvo will replace Mr. Joe Paul and will serve a three year term; said term will expire on October 1, 2023.
—> Received and referred to the Public Service Committee.

From Mayor Alex B. Morse letter appointing Mr. Gurninder Dhaliwal, 550 Westfield Rd. to serve as a Commissioner of the Planning Board for the City of Holyoke: Mr. Dhaliwal will replace Mr. Gustavo Acosta and will serve a five-year term; said term will expire on October 1, 2025.
—> Received and referred to the Public Service Committee.

From Mayor Alex B. Morse letter appointing Ms. Daphne Board, 197 Pine St. to serve as a member of the Holyoke Redevelopment Authority: Ms. Board will replace Ms. Pat Duffy and will serve her remaining term; said term will expire on November 1, 2023.
—> Received and referred to the Public Service Committee.

From Mayor Alex B, Morse letter appointing Ms. Rosa Pantoja, 715 Westfield Rd. to serve as a member of the Holyoke Economic Development and Industrial Corporation (HEDIC): This seat on the Board of Directors represents the At-Large Sector. Ms. Pantoja is replacing Kristen Beams and will serve her remaining term; such term will expire on June 30, 2021.
—> Received and referred to the Public Service Committee.

From Mayor Alex B. Morse letter appointing Richard Purcell, 279 Suffolk St. to serve as a Commissioner of the Soldier’s Home for the City of Holyoke: Mr. Purcell will serve a three year term; said term will expire on September 30, 2023.
—> Received and referred to the Public Service Committee.

From Alex B. Morse letter appointing Dr. John A. Perdrizet, 210 Linden St. to serve as a member of the Conservation Commission for the City of Holyoke: Dr. Perdrizet will replace Ms. Anja Ryan and will serve a three-year term; said term will expire on February 1, 2023.
—> Received and referred to the Public Service Committee.

From Crystal Barnes, Acting City Solicitor, Re: Charter Change Procedures.
—> Received and referred to the Charter and Rules Committee.

From Crystal Barnes, Acting City Solicitor letter re: OML Complaint August 4, 2020.
—> Received and referred to the Development and Governmental Relations Committee.

From Tanya Wdowiak, City Auditor re: Monthly Budget Reports year to date Payment in Lieu of Taxes as of July 31, 2020.
—> Received and referred to the Finance Committee.

From Tanya Wdowiak, City Auditor, Monthly Budget Reports General fund and Sewer Fund as of August 31, 2020.
—> Received and referred to the Finance Committee.

From Holyoke Housing Authority letter re: Designation of Housing Authority Board Member to Community Preservation Act.
—> Received.

From John Kelly to Rebecca Lisi, Chair Ordinance Committee, recommendation backyard Chickens.
—> Received and referred to the Ordinance Committee.

Petition from registered voters of the City of Holyoke to pass a resolution calling the resignation of Mayor Alex B. Morse.
—> Received and referred to the Charter and Rules Committee.
Copy to Legal for a legal opinion.

From Amy Landau, Administrator Community Preservation Committee, letter requesting the City Council vote to approve the following FY21 budget article which appropriates and reserves estimated funds from the Community Preservation Fund annual revenues in a manner consistent with the CPA Legislation for Massachusetts.
—> Received and referred to the Finance Committee.

From Louis Ross, Notice of announcement pursuant to 301 CMR 51 Department of Conservation and Recreation.
—> Received and referred to the Development and Governmental Relations Committee.

From Green Highland LLC, Community Outreach Meeting 6pm Monday, October 5, 2020 at 26 Hadley Mills Rd.
—> Received and referred to the Ordinance Committee.

From Solli Engineering LLC, revised civil design plans for the previously approved Holyoke Landing Project. (Lower Westfield Rd.)
—> Received and referred to the Development and Governmental Relations Committee.

From Margot Wise, response to public hearing comments from last ordinance committee.
—> Received.

Board of Fire Commission minutes August 20, 2020.
—> Received.

PETITIONS

Petition of Mahim & Naiem, LLC for a self service gas station at 297 Apremont Hwy.
—> Received and referred to the Development and Governmental Relations Committee.

Petition of Mass Canabis Growers Cooperative LLC for a special permit for a Marijuana Manufacturing Establishment at 11 Jackson St.
—> Received and referred to the Ordinance Committee.

Petition of Younes Abemart Holyoke for a Motor Vehicle Service Station at 679-689 Main St. & 0 Beaulieu St.
—> Received and referred to the Development and Governmental Relations Committee.

REPORTS OF COMMITTEES

The Committee on Ordinance to whom was referred a Special Permit application for Buudda Brothers LLC for (1) a Recreational Marijuana Cultivation and Manufacturing Establishment at 90 Sargent St. (Map:018 Block:01 Parcel:018)
have considered the same and Recommend that the Special Permit be approved with the following conditions:

Conditions:

1. That the owner of the building always pays commercial property tax rate to the extent allowed by Federal, State, and Local Laws for the duration of the Special Permit

2. That the business retains a minimum 30% Holyoke residents for of non-security jobs

3. That Hiring preference be given to security personnel that are retired Holyoke Police or are a retired member of another police department now lives in the City of Holyoke

4. There shall be no marijuana consumption to be allowed on site

5. There shall be no deliveries of retail or medical marijuana from the site to individual homes, residences or people

6. That hours or operation be 8am to 8pm Monday through Saturday and 8am to 5pm on Sunday.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 1 (Greaney, Jr.)–Absent 0.

The Committee on Ordinance to whom was referred a Special Permit for Abby Property Management Inc. for a new special permit for a Registered Marijuana Retail Establishment (RMRE) at 40 Lyman St. (Map:038 Block 02 Parcel 001.1)
have considered the same and Recommend that the special permit be approved with the following conditions:

1. That the owner of the building always pay commercial property tax rate to the extent allowed by Federal, State, and Local Laws for the duration of the Special . Permit
2. That the business retain a minimum 30% Holyoke residents for of non-security jobs
3. That Hiring preference be given to security personnel that are retired Holyoke Police or are a retired member of another police department now lives in the City of Holyoke
4. There shall be no marijuana consumption to be allowed on site
5. There shall be no deliveries of retail or medical marijuana from the site to individual homes, residences or people
6. That hours or operation be in compliance with City ordinances.
7. That the applicant be in compliance with all recommendations and letters from OPED and the City Engineer.
.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and referred to the Ordinance Committee.

The Committee on Ordinance to whom was referred an order that any transfers from personnel budget lines to overtime (51300-51399) require approval by the City Council
have considered the same and Recommend that the order be adopted .

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and the Ordinance passed its first reading.
The Ordinance passed its second reading.
The Ordinance was passed to be enrolled.
The Committee has considered the same and find that it is truly and properly enrolled.
Report of Enrollment received.
The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.
This order shall not take effect until January 1, 2021.

The Committee on Finance to whom was referred a Financial Transfer request of $8,500 FROM: Assistant Treasurer TO: Professional Services
have considered the same and Recommend that the order be adopted
.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Finance to whom was referred an order an order that in accordance with M.G.L Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the FY2020 Masstrails/CT River Pathway project 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.
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 4 (Bartley, Greaney, Jr., Sullivan, Vacon)–Absent 0.

The Committee on Finance to whom was referred an order an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY21 and FY22 Municipal Vulnerability Preparedness Action (MVP ACTION) grant.
have considered the same and Recommend that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Public Safety to whom was referred an order an order that the public safety committee invite in the board of health to address and review the leash law.
have considered the same and Recommend that the order has been complied with
.

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that the city including but not limited to the boards of health, Holyoke police department, DPW take serious measures specially during the COVID-19 epidemic and beyond in regards to the sex trafficking activities, Johns surrounding the corridor of Maple Street, Cabot Street, Chestnut Street, Essex, Appleton, Dwight Streets and last but not least Elm Street.  That the DPW place receptable trash around these streets listed areas for litter left behind.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that the public safety committee invite in representatives of the Boys and Girls Club in order to get an update on the clean up efforts to the old ski house.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order an order that the director of the health department, a representative of the police department, the director of veterans services, and other interested parties appear before the public safety committee to discuss the problems associated with tented camps throughout the city.  Evidence points to health hazards including significant needles around these sites, as well as trash and other materials.  What can the city legally to do to clear these camps?  Have we found any effective ways to provide options to encourage those in need to various service options such as housing, drug addiction services, and veterans services.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that the board of health come before the public safety committee to discuss an update on the committee on COVID-19 procedures for city hall employees/departments.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that the public safety committee meet with the police and fire chiefs, the director of ambulance service, and interested social service agencies to consider whether Holyoke should implement a 900 response program similar to CAHOOTS (Crisis Assistance Helping Out on the Streets) program used in Eugene and Springfield, Oregon.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that, serious concerns on the removal of trash at 50 Clinton Ave, property managed by Wayfinders.  Met with landlord and learned that there is a clearance issue when the privately contracted trash removal company arrives for trash pick up.  They cannot obtain enough space to enter area to where dumpsters are located.  Management has been fined by both city and police departments for attempting to at mitigating situation and being penalized for it.  I order a study to be conducted in an effort to find a solution to this situation.  The property houses programs that helps young adult mothers get back on their feet, this landlord/organization has been a long ally to city of Holyoke bringing much needed social services to our residents and we need to ensure this issue is looked at and we cease all fines until then.
have considered the same and Recommended that the order be referred to the Ordinance Committee with a copy to the City Engineer to dermine how many parking spots need to be reserved
.

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
—> Report of Committee received and recommendation adopted.

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 136 Cabot Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 010, Block 01, Parcel 008, consisting of a vacant row house style building on an approximate 1,786 square foot lot. The property is more particularly described at the Hampden County Registry of Deeds in Book 5342, Page 217. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on August 17, 2016 in Hampden County Registry of Deeds Book 21314, Page 280. The property is zoned General Industry (IG) and has an assessed value of $61,100.
have considered the same and Recommend that the order be approved .

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Development and Governmental Relations to whom was referred an order Special Permit application of Eric Taub for construction of a new duplex at 102 Beech St. Holyoke MA (Map 062 Block 02 Parcel 015)
have considered the same and
1. That the Sp. Permit will only pertain to the present applicant Mr. Eric Taub, and that the Special. Permit will be void if the property is sold to a different owner.
2. That there be a minimum of two off street parking spaces
3. That the project will commence within two years of the date that the permit has been granted by the City Council .

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Leahy).

The Committee on Development and Governmental Relations to whom was referred an order Special Permit application of the Board of Trustees Holyoke Community Charter School for 2 Storage Units (7.2.12) at 2200 Northampton Street (Map 015 Block 00 Parcel 0171, 0172, 017)
have considered the same and Recommend that Special. permit be approved with the condition that the permit be valid for 5 years from the adoption of the Special. Permit and that the storage units be maintained and that the color scheme of the containers be in harmony with the color of the school.   .

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Leahy).

The Committee on Development and Governmental Relations to whom was referred Ordered that the DGR Committee meet with the Mayor, the Director of Women’s Shelter/ Companeras to discuss if the current domestic violence leave policy effectively provides for the needs of abused employees
have considered the same and Recommend that the order has been complied with and that the HR Director answer Council questions within the next two weeks regarding leave time, and court time policies for domestic violence victims.
.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and recommendation adopted.

The Committee on Development and Governmental Relations to whom was referred Ordered, that in accordance with M.G.L. Ch. 30B and the Holyoke Code of 13 Ordinances procurement ordinance, the City Council declare Cabot Street parcel identified by the Holyoke Board of Assessors records as Map 010, Block 01, Parcel 002 as surplus property available for disposition. Said parcel consists of a vacant lot approximately 1,742 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 6156, Page 444. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on October 29, 1986 in Hampden County Registry of Deeds Book 22924, Page 533. The property is zoned General Industry (IG) and has an assessed value of $11,800
have considered the same and Recommend that the order be approved .

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Development and Governmental Relations to whom was referred Ordered, that the Honorable City Council accept the amendments to the Holyoke Redevelopment Authority’s Urban Renewal Plan, entitled “Connect. Construct. Create.: A Plan for the Revitalization of Center City Holyoke” as presented. The City Council also authorizes the HRA to approve minor, non-substantial language changes to the urban renewal plan amendments, if such changes are recommended by the Department of Housing and Community Development, such as clarification of actions mentioned throughout the plan, defining of terms, and amending grammar.
have considered the same and Awaiting disposition.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and recommendation adopted.

The Committee on Charter and Rules to whom was referred an order that the City of Holyoke, through it’s Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Council to enact legislation to establish a process for recalling elected officials in the City of Holyoke and that said legislation be entitled: AN ACT PROVIDING FOR THE RECALL OF ELECTED OFFICIALS IN THE CITY OF HOLYOKE

have considered the same and Recommend that the order be adopted .

Committee Members:
Linda L. Vacon
Howard B Greaney, Jr.
Todd McGee
Linda L. Vacon
Rebecca Lisi
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 2 (Hernandez, Lisi)–Absent 0.
*Not returned from the Mayor.

ORDERS AND TRANSFERS

SULLIVAN, McGee Ordered, that The the HG & E please provide the City Council with the new pilot agreement.
—> Received.

MCGIVERIN Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “CENTER FOR TECH AND CIVIC LIFE” 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, October 6, 2020.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

MCGIVERIN Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)” 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, October 6, 2020.

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

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTEEN THOUSAND SIX HUNDRED SEVENTY FIVE AND 00/100 Dollars ($13,675.00) as follows:

FROM:
14301-51102 REFUSE HMEO $8,365.00
14801-51101 PARKING CONTROL OFFICER 5,310.00
TOTAL: $13,675.00
TO:
14221-51103 BUILDING MAINT MAN $598.00
14221-51104 BUILDING LABORER 123.00
14221-51300 BUILDING OVERTIME 100.00
14251-51104 HIGHWAY HMEO 6,635.00
14251-51105 HIGHWAY LODR 1,549.00
14251-51106 HIGHWAY DEMO WORKER 709.00
14251-51300 HIGHWAY OVERTIME 250.00
14251-51301 HIGHWAY SNOW OVERTIME 1,750.00
14261-51102 AUTO MOTOR EQUIP REPAIRMAN 1,323.00
14261-51103 AUTO MOTOR EQUIP MAINT MAN 638.00
TOTAL: $13,675.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, October 6, 2020.

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

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, TWENTY ONE THOUSAND TWO HUNDRED FORTY THREE AND 00/100 Dollars ($21,243.00) as follows:

FROM:
14301-51106 REFUSE/RECYCLING COORDINATOR $2,198.00
14801-51101 PARKING CONTROL OFFICER 10,462.00
16501-51109 PARKS MAINT MAN 8,583.00
TOTAL: $21,243.00
TO:
14261-51105 AUTO EVT MECHANIC $883.00
14261-51106 AUTO POLICE FLEET MECHANIC 414.00
14261-51300 AUTO OVERTIME 175.00
14301-51102 REFUSE HMEO 4,949.00
14301-51104 REFUSE HMEO RECYCLER 11,515.00
14301-51300 REFUSE OVERTIME 585.00
14801-51101 PARKING CONTROL OFFICER 622.00
16501-51106 PARKS HMEO 1,273.00
16501-51110 PARKS MAINT CRAFTSMAN 597.00
16501-51300 PARKS OVERTIME 230.00
TOTAL: $21,243.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, October 6, 2020.

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

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, NINE THOUSAND SIX HUNDRED NINETY THREE AND 09/100 Dollars ($9,693.09) as follows:

FROM:
12201-51105 FIREFIGHTER $4,371.42
12201-51104 LIEUTENANT 5,321.67
TOTAL: $9,693.09
TO:
12201-51180 INJURED ON DUTY $9,693.09
TOTAL: $9,693.09

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, October 6, 2020.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

MCGEE Ordered, that That the Polling Places for each of the voting precincts in the City of Holyoke for the State Election to be held Tuesday, Nov.3, 2020 be and the same are hereby designated as follows:

ORDENA, que los lugares para cada recinto en la Ciudad de Holyoke para la Eleccion Estatal que se llevaran a cabo el Martes, 3 de Noviembre 2020, sea y al igual, por este medio designado lo siguente:

WARD ONE BARRIO UNO

PRECINCT A – Rosary Towers Recreation Room 21 Bowers St..
RECINTO A—Rosary Towers Recreation Room 21 de la Calle Bowers

PRECINCT B—City Hall (Basement) 536 Dwight St.
RECINTO B—City Hall (Basement) 536 de la Calle Dwight

WARD TWO BARRIO DOS

PRECINCT A—Morgan School Gym, South Bridge St. Entrance only
RECINTO A—Gimnasio de la Escuela Morgan, en la Calle So. Bridge solamente

PRECINCT B – Falcetti Towers, 475 Maple St.
RECINTO B – Falcetti Towers, 475 de la Calle Maple

WARD THREE BARRIO TRES

PRECINCT A&B – Metcalf School Gym, 2019 Northampton St..
RECINTO A&B – Gimnasio de la Escuela Metcalf, 2019 de la Calle Northampton

WARD FOUR BARRIOS CUATRO

PRECINCT A& B – St. Paul’s Church Parish Center, Appleton St.
RECINTO A&B – St. Paul’s Church Parish Center, en la Calle Appleton

WARD FIVE BARRIOS CINCO

PRECINCT A – Lt. Elmer J. McMahon School Gym, Kane Rd.
RECINTO A—Gimnasio de la Escuela McMahon, en la Calle Kane

PRECINCT B – Maurice A. Donahue School Gym, Whiting Farms Rd.
RECINTO B—Gimnasio de la Escuela Donahue, en la Calle Whiting Farms

WARD SIX BARRIO SEIS

PRECINCT A&B –Sullivan School, 400 Jarvis Ave.
RECINTO A&B – Escuela Sullivan, 400 de la calle Jarvis

WARD SEVEN BARRIO SIETE

PRECINCT A&B – E. N. White School Gym, 1 Jefferson St.
PRECINTO A&B– Gimnasio de la Escuela E. N. White, 1 de la Calle Jefferson

—> Received and adopted.

MCGEE Ordered, that That the State Election in the City of Holyoke for the choice of State Officers be and the same is hereby called to be held on Tuesday, November 3, 2020, in the several polling places designated by the City Council.
The polls will be opened at 7:00AM, and remain open continuously thereafter until 8:00PM, when the polls will be closed, and all the voters will in the several precincts in which they are entitled to vote, between said hours, give in their votes for:

ELECTORS OF PRESIDENT AND VICE PRESIDENT
ELECTORES DE PRESIDENTE y VICE PRESIDENTE

SENATOR IN CONGRESS
SENADOR EN CONGRESO

REPRESENTATIVE IN CONGRESS
REPRESENTANTE EN EL CONGRESO

COUNCILOR EIGHTH DISTRICT
CONCEJAL

SENATOR IN GENERAL COURT SECOND HAMPDEN & HAMPSHIRE DISTRICT
SENADOR DE LA LEGISLATURA ESTATAL

REPRESENTATIVE IN GENERAL COURT FIFTH HAMPDEN DISTRICT
REPRESENTANTE DE LA LEGISLATURA ESTATAL

REGISTER OF PROBATE

QUESTION 1/PREGUNTA 1

Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 5, 2020?
SUMMARY
This proposed law would require that motor vehicle owners and independent repair facilities be provided with expanded access to mechanical data related to vehicle
maintenance and repair.
Starting with model year 2022, the proposed law would require manufacturers of motor vehicles sold in Massachusetts to equip any such vehicles that use telematics
systems –- systems that collect and wirelessly transmit mechanical data to a remote server –- with a standardized open access data platform. Owners of motor vehicles
with telematics systems would get access to mechanical data through a mobile device application. With vehicle owner authorization, independent repair facilities (those not
affiliated with a manufacturer) and independent dealerships would be able to retrieve mechanical data from, and send commands to, the vehicle for repair, maintenance, and
diagnostic testing.
Under the proposed law, manufacturers would not be allowed to require authorization before owners or repair facilities could access mechanical data stored in a motor
vehicle’s on-board diagnostic system, except through an authorization process standardized across all makes and models and administered by an entity unaffiliated with the
manufacturer.
The proposed law would require the Attorney General to prepare a notice for prospective motor vehicle owners and lessees explaining telematics systems and the
proposed law’s requirements concerning access to the vehicle’s mechanical data. Under the proposed law, dealers would have to provide prospective owners with, and
prospective owners would have to acknowledge receipt of, the notice before buying or leasing a vehicle. Failure to comply with these notice requirements would subject
motor vehicle dealers to sanctions by the applicable licensing authority.
Motor vehicle owners and independent repair facilities could enforce this law through state consumer protection laws and recover civil penalties of the greater of treble
damages or $10,000 per violation.
A YES VOTE would provide motor vehicle owners and independent repair facilities with expanded access to wirelessly transmitted mechanical data related to their vehicles’
maintenance and repair.
A NO VOTE would make no change in the law governing access to vehicles’ wirelessly transmitted mechanical data.
LEY PROPUESTA POR UNA PETICIÓN DE INICIATIVA
¿Aprueba usted la ley que se resume a continuación, sobre la cual no se ha realizado la votación por parte del Senado o la Cámara de Representantes el 5 de mayo de 2020
o con anterioridad a dicha fecha?
RESUMEN
Esta ley propuesta exigiría que se otorgue un acceso ampliado a los datos mecánicos relacionados con el mantenimiento y la reparación de vehículos a los propietarios de
vehículos motorizados y establecimientos independientes
de reparación.
A partir del año modelo 2022, la ley propuesta exigiría a los fabricantes de vehículos motorizados vendidos en Massachusetts equipar cualquier vehículo que use sistemas
telemáticos (sistemas que recopilan y transmiten de forma inalámbrica datos mecánicos a un servidor remoto) con una plataforma estandarizada de datos de acceso abierto. Los
propietarios de vehículos motorizados con sistemas telemáticos obtendrían acceso a datos mecánicos mediante una aplicación de dispositivos móviles. Con la autorización del
propietario del vehículo, los establecimientos de reparación independientes (aquellas que no están afiliadas a un fabricante) y los concesionarios independientes podrían recuperar
datos mecánicos y enviar comandos al vehículo para su reparación, mantenimiento y pruebas
de diagnóstico.
Bajo la ley propuesta, los fabricantes no podrán exigir autorización para que los propietarios o los establecimientos de reparación puedan acceder a los datos mecánicos
almacenados en el sistema de diagnóstico a bordo de un vehículo motorizado, excepto mediante un proceso de autorización estandarizado en todas las marcas y modelos y
administrado por una entidad no afiliada con
el fabricante.
La ley propuesta exigiría que el Fiscal General prepare una notificación para los futuros propietarios y arrendatarios de vehículos motorizados que explique los sistemas
telemáticos y los requisitos de la ley propuesta con respecto al acceso a los datos mecánicos del vehículo. Bajo la ley propuesta, los concesionarios tendrían que proporcionar a
los posibles propietarios la notificación antes de comprar o arrendar un vehículo, y los posibles propietarios tendrían que acusar recibo de la misma. El incumplimiento de estos
requisitos de notificación, sometería a los concesionarios de vehículos motorizados a sanciones por parte de la autoridad de licencias correspondiente.
Los propietarios de vehículos motorizados y los establecimientos de reparación independientes podrían hacer cumplir esta ley a través de las leyes estatales de protección al
consumidor y recuperar las sanciones civiles por la mayor cantidad de daños triples o $10,000 por violación.
UN VOTO SÍ proporcionaría a los propietarios de vehículos de motor y a las instalaciones de reparación independientes un mayor acceso a los datos mecánicos
transmitidos de forma inalámbrica relacionados con el mantenimiento y la reparación de sus vehículos.
UN VOTO NO no haría ningún cambio en la ley que rige el acceso a los datos mecánicos transmitidos de forma inalámbrica de los vehículos.

YES/SÍ
NO

QUESTION 2 / PREGUNTA 2

LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 5, 2020?
SUMMARY
This proposed law would implement a voting system known as “ranked-choice voting,” in which voters rank one or more candidates by order of preference. Ranked-choice
voting would be used in primary and general elections for all Massachusetts statewide offices, state legislative offices, federal congressional offices, and certain other offices
beginning in 2022. Ranked-choice voting would not be used in elections for president, county commissioner, or regional district school committee member.
Under the proposed law, votes would be counted in a series of rounds. In the first round, if one candidate received more than 50 percent of the first-place votes, that
candidate would be declared the winner and no other rounds would be necessary. If no candidate received more than 50 percent of the first-place votes, then the candidate or
candidates who received the fewest first-place votes would be eliminated and, in the next round, each vote for an eliminated candidate would instead be counted toward the next
highest-ranked candidate on that voter’s ballot. Depending on the number of candidates, additional rounds of counting could occur, with the last-place candidate or candidates
in each round being eliminated and the votes for an eliminated candidate going to the voter’s next choice out of the remaining candidates. A tie for last place in any round would
be broken by comparing the tied candidates’ support in earlier rounds. Ultimately, the candidate who was, out of the remaining candidates, the preference of a majority of voters
would be declared the winner.
Ranked-choice voting would be used only in races where a single candidate is to be declared the winner and not in races where more than one person is to be elected.
Under the proposed law, if no candidate received more than 50 percent of first-place votes in the first round, the rounds of ballot-counting necessary for ranked-choice
voting would be conducted at a central tabulation facility. At the facility, voters’ rankings would be entered into a computer, which would then be used to calculate the results
of each round of the counting process. The proposed law provides that candidates in a statewide or district election would have at least three days to request a recount.
The Secretary of State would be required to issue regulations to implement the proposed law and conduct a voter education campaign about the ranked-choice voting
process. The proposed law would take effect on January 1, 2022.
A YES VOTE would create a system of ranked-choice voting in which voters would have the option to rank candidates in order of preference and votes would be counted in rounds,
eliminating candidates with the lowest votes until one candidate has received a majority.
A NO VOTE would make no change in the laws governing voting and how votes are counted.
LEY PROPUESTA POR UNA PETICIÓN DE INICIATIVA
¿Aprueba usted la ley que se resume a continuación, sobre la cual no se ha realizado la votación por parte del Senado o la Cámara de Representantes el 5 de mayo de 2020 o con
anterioridad a dicha fecha?
RESUMEN
Esta ley propuesta implementaría un sistema de votación conocido como “votación por orden de preferencia”, en el que los electores jerarquizan uno o más candidatos por orden de
preferencia. La votación por orden de preferencia se utilizaría en elecciones primarias y generales para todos los cargos a nivel estatal de Massachusetts, los cargos legislativos estatales,
los cargos federales del congreso y algunos otros cargos a partir del 2022. La votación por orden de preferencia no se utilizaría en elecciones para presidente, comisionado del condado o
para miembro del comité regional del distrito escolar.
Bajo la ley propuesta, los votos se contarán en una serie de rondas. En la primera ronda, si un candidato obtiene más del 50 por ciento de votos en primer lugar, ese candidato será
declarado ganador y no serán necesarias otras rondas. Si ningún candidato obtuvo más del 50 por ciento de votos en primer lugar, entonces el candidato o los candidatos que obtuvieron
la menor cantidad de votos en primer lugar serán eliminados y en la próxima ronda, cada voto para un candidato eliminado se contará a favor del siguiente candidato mejor clasificado
en la boleta electoral de ese votante. Dependiendo del número de candidatos, puede haber más rondas de conteo, en las que se eliminarán el o los candidatos en último lugar de cada
ronda y los votos para cada candidato eliminado contando para la siguiente opción del elector entre los candidatos restantes. Un empate para último lugar en cualquier ronda se resolverá
comparando los votos a los candidatos empatados en las rondas anteriores. Finalmente, el candidato que tenga, entre los candidatos restantes, la preferencia de la mayoría de los
electores será declarado el ganador.
La votación por orden de preferencia se usará solo en elecciones donde solo se pueda declarar ganador a un solo candidato y no en elecciones donde se pueda elegir a más de una
persona.
Bajo la ley propuesta, si ningún candidato recibe más del 50 por ciento de los votos en primer lugar en la primera ronda, las rondas necesarias de recuento de boletas electorales
para la votación por orden de preferencia se realizarán en un establecimiento central de tabulación. En el establecimiento, las preferencias de los electores se ingresarán en una
computadora, que será utilizada para calcular los resultados de cada ronda del proceso de conteo. La ley propuesta establece que los candidatos en una elección estatal o de distrito
tendrán al menos tres días para solicitar un recuento.
El Secretario de Estado tendría la obligación de emitir regulaciones para implementar la ley propuesta y llevar a cabo una campaña de educación electoral sobre el proceso de
votación por orden de preferencia. La ley propuesta entraría en efecto el sábado, 1 de enero de 2022.
UN VOTO SÍ crearía un sistema de votación por orden de preferencia en el que los votantes tendrían la opción de clasificar a los candidatos en orden de preferencia y los votos se
contarían en rondas, eliminando a los candidatos con los votos más bajos hasta que un candidato haya obtenido la mayoría.
UN VOTO NO no modificaría las leyes que rigen la votación y cómo se cuentan los votos.

YES/SI
NO
—> Received and adopted.

MCGEE Ordered, that That the regularly scheduled city council meeting of November 3, 2020 be rescheduled.
—> Received and adopted.

VACON Ordered, that that we review and amend the noise and  any other applicable ordinances to reduce the increased amount of unnecessary vehicle noise in our city.
—> Received and referred to the Ordinance Committee.

VACON Ordered, that that a proclamation be issued for Eleanor Howard in recognition of her 102nd birthday on October 18th.
—> Received and adopted.

VACON Ordered, that that City Clerk/Registrar of Voters provides the current total of registered voters and describe the steps taken to ensure that it is current and has been updated for accuracy.  This is a follow up to a previously filed order
—> Received and referred to the Public Service Committee.

ANDERSON-BURGOS, Greaney, Jr., Leahy Ordered, that Ordered that the sidewalk on the southeast corner of the intersection of St. Jerome and Dwight be repaired. This is a particular concern because it has been a recurrent safety issue for a child with a disability that lives near the intersection.
—> Received and referred to the Public Safety Committee.

ANDERSON-BURGOS Ordered, that Ordered that the city engineer be request to attend our next ordinance committee meeting. Residents have expressed an ongoing concern regarding large trucks traveling up and West Franklin Street, with particular concern about speeds traveling around the curve at the intersection with St. Jerome. Signs are posted but are not being adhered to.
—> Received and referred to the Ordinance Committee. Copy to Engineer.

BARTLEY Ordered, that The DPW install a crosswalk in front of Blessed Sacrament School located at 21 Westfield Road. This is per the request of the school administration brought to its attention by MSP and HPD. Refer to Ordinance with copy to City Engineer, MSP and HPD.
—> Received and referred to the Ordinance Committee. Copy to Engineer, Massachusetts State Police and Holyoke Police Department.

LISI Ordered, that that the city council consider revising the special permit requirement for marijuana related uses
—> Received and referred to the Ordinance Committee.

LISI Ordered, that that the City adopt the MA recommended changes to the flood plain ordinances see attached:
—> Received and referred to the Ordinance Committee.

MCGEE Ordered, that Ryan Allen , the City Council Administrative . Assistant. is designated a special municipal employee to temporarily work for DPW and City Council.
—> Received and referred to the Finance Committee.

LATE FILED ORDERS & COMMUNICATIONS

BARTLEY, Greaney, Jr., McGiverin, Murphy, Tallman, Vacon Ordered, that To recognize an important achievement, to offer gratitude and to help celebrate a milestone, the Holyoke City Council offers a Proclamation to Womanshelter/Companeras on its 40th Anniversary.
—> Received and adopted.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, FIFTEEN THOUSAND SIX HUNDRED SEVENTY TWO AND 00/100 Dollars ($15,672.00) as follows:

FROM:
14801-51101 PARKING CONTROL OFFICER $7,089.00
16501-51109 PARKS MAINT MAN 8,583.00
TOTAL: $15,672.00
TO:
14261-51105 AUTO EVT MECHANIC $883.00
14261-51106 AUTO FLEET MECHANIC 414.00
14261-51300 AUTO OVERTIME 175.00
14301-51104 REFUSE HMEO RECYCLER 11,515.00
14301-51300 REFUSE OVERTIME 585.00
16501-51106 PARKS HMEO 1,273.00
16501-51110 PARKS MAINT CRAFTSMAN 597.00
16501-51300 PARKS OVERTIME 230.00
TOTAL: $15,672.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, October 6, 2020.

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

MCGEE, McGiverin Ordered, that That the Public Service Committee Interview candidates for the City Council Administrative Assistant position. See Personnel Department for resumes.
—> Received and referred to the Public Service Committee.

VACON Ordered, that In light of recent news reports on issues  with the security of mail in votes, we request
the City Clerk and Board of Registrars discuss with the City Council the vote counting and security process to ensure an accurate count and posting of each vote for our elections.
In reviewing the results of the September 1 primary, there was a significant variance between the machine totals posted on the walls at the precincts and the totals listed in the unofficial results.  Traditionally, the vote totals posted at the precincts were very close to the final results but at this primary many votes were not reflected in the totals posted at the precincts.
How are mail in votes other than absentee ballots, initially requested by the voter, counted and posted?
How is early voting accounted for, recorded and results posted?
Refer to Public Service Committee
—> Received and referred to the Public Service Committee.

VACON Ordered, that that absentee ballots and mail in ballots shall be opened in City Council chambers with cameras on and recording to ensure they are witnessed and placed in a secure container to be counted.
—> Received and referred to the Public Service Committee.

 

Adjourn at 12:07 PM.
A true record
ATTEST:

______________________________
City Clerk