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Holyoke City Council Meeting December 1, 2020

Dec 1 2020

7:00 pm Remote by Zoom

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Topic: City Council 12/1/20
Time: Dec 1, 2020 07:00 PM Eastern Time (US and Canada)

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AGENDA FOR THE CITY COUNCIL
December 1,2020

LAID ON THE TABLE

1. an order that a City Council rule be added that City Council committees assigned in the prior term remain in effect for re-elected Councilors until the President-elect assigns new committees.

PUBLIC COMMENT

 

COMMUNICATIONS

2. From Brenna Murphy McGee, minutes from the November 4 and 17th meeting.

3. From Crystal Barnes, City Solicitor, communication regarding overtime pay for City Hall closure

4. From Tanya Wdowiak, City Auditor, General Fund and Sewer Enterprise Budget Report

5. From Councilor David Bartley, Gazette article regarding the Problem Property Group

PETITIONS

6. Petition from residents on Michigan Ave. for speed bumps

7. Petition of Daniel LiBoissonnault for a renewal of a Home Occupation for a Plant base- Non Dairy business at 267 Southampton Rd.

8. Petition of Sidikson Mamdjonov for a new second hand license at 50 Holyoke St.

PRESIDENT’S REPORT

 

REPORTS OF COMMITTEES

9. Ordinance Committee Reports (if any)

9A. The Committee on Ordinance to whom was referred an order Special Permit Application for Registered Marijuana Retail Establishment: Abby Property Management, Inc, 40 Lyman St Awaiting disposition

9B. The Committee on Ordinance to whom was referred an order an order that a handicap sign be placed at 199 Beech St. Awaiting disposition

9C. The Committee on Ordinance to whom was referred an order that a handicap space be placed in front of 420B Dwight St (Canal Place).
Awaiting disposition

9D. The Committee on Ordinance to whom was referred an order  that a handicap sign be placed at 116 Pearl St. Awaiting disposition

9E. The Committee on Ordinance to whom was referred an order that a handicap sign be placed at 7 Vernon St.
Awaiting disposition

9F. The Committee on Ordinance to whom was referred an order that a handicap sign be placed at 77 Pine St. Awaiting disposition

9G. The Committee on Ordinance to whom was referred an order an order that a handicap sign be placed at 254 Walnut St .
Awaiting disposition

9H. The Committee on Ordinance to whom was referred an order That Schedule B, Compensation for Elected Officials of Chapter 2 of the Code of Ordinances be amended as follows, effective January 1, 2019 Awaiting disposition

9I. The Committee on Ordinance to whom was referred an order an order that the following changes be made to the classification and compensation plans of chapter 2 proposed ordinance changes.
Awaiting disposition

9J. The Committee on Ordinance to whom was referred an order Order: that Section 2-35 of the Code of Ordinances, entitled “Classification and Compensation Plans” be amended to incorporate a new Classification and Compensation Plan, Elected Official Salary Ordinance and Miscellaneous Salary Schedule based upon the results of the HRS Salary Study, and that the current DH, PR and Miscellaneous Salary Schedules, as well as any other amendments previously adopted under this section be repealed.
Awaiting disposition

9K. The Committee on Ordinance to whom was referred an order that the City of Holyoke take up and approve the salary study completed in 2014, and include in its salary revisions salaries of the Mayor, City Council and School Committee Members Awaiting disposition

9L. The Committee on Ordinance to whom was referred an order that the hourly wage for reserve officers be raised from its current $14.95 an hour.  Send to finance in order to address appropriate wage. Awaiting disposition

9M. The Committee on Ordinance to whom was referred an order that the city adopt the MA recommended changes to the floodplain ordinances. Awaiting disposition

10. Finance Committee Reports (if any)

10A. The Committee on Finance to whom was referred a Second Hand License Application for Diego Munoz Torres at 241 Main St Recommend that the application be approved

10B. The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 STATE 911 DEPARTMENT SUPPORT AND INCENTIVE” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the order be adopted

10C. The Committee on Finance to whom was referred an order Order: that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 STATE 911 DEPARTMENT TRAINING” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures if all resources associated with the administration of said grant. Recommend that the order be adopted

10D. The Committee on Finance to whom was referred an order that the bonding for the 10 priority intersections and funding for the traffic light installations be reviewed in Finance Committee Recommend that the order be adopted

11. Public Safety Committee Reports (if any)

12. Public Service Committee Reports (if any)

12A. The Committee on Public Service to whom was referred Mayoral appointment of Rosanna Lopez as a Commissioner of the Planning Board Recommend the appointment be confirmed

12B. The Committee on Public Service to whom was referred Mayoral appointment of Daphne Board as member of the Holyoke Redevelopment Authority Recommend the appointment be confirmed

12C. The Committee on Public Service to whom was referred Mayoral appointment of Harry Montalvo to serve as a member of the Historical Commissoin of the City of Holyoke Recommend the appointment be confirmed

12D. The Committee on Public Service to whom was referred Mayoral appointment of Helene J. Busby to serve as Parks and Rec. Commissioner for the City of Holyoke
Recommend the appointment be confirmed

12E. The Committee on Public Service to whom was referred Mayoral appointment of Gurninder Dhaliwal as a Commissioner of the Planning Board Recommend the appointment be confirmed

12F. The Committee on Public Service to whom was referred Mayoral appointment of Michael J. Moriarty as Commissioner of the Licensing Board
Recommend the appointment be confirmed

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

14. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

16. MURPHY — Ordered that the public safety committee meet with representatives from the Opioid Substance Abuse task force, the health director, and Judge William Hadley, to discuss the need for a short-term residential transition program to assist individuals returning from a treatment program.  The goal of this would be to improve the chances of long-term success for these individuals.  The resident capacity would probably be around 20 beds.

17. MURPHY — Ordered that the DG&R committee meet with Holyoke Media to put together an action plan to televise city council meetings and sub-committee meetings translated into Spanish.  The goal should be to televise within 48 hours of the actual meeting.

18. MURPHY — Ordered that the DG&R committee meet with Holyoke Media, the mayor, the health director, and representatives from the Opioid Substance Abuse task force program, to present a five to ten minute video to be televised on Ch 15 on the importance of persons not contributing to panhandlers.  The emphasis should be on the negative impact of doing so, in terms of panhandlers rejecting offers which could much more significantly improve the quality of their lives.  Once the program is completed, it should be shown just prior to city council meetings on Ch 15.

19. MURPHY — Ordered that the DG&R committee meet with Holyoke Media about the possibility of having more programming on Ch 15.  Is it possible to have some regular half hour programs which could both entertain and inform residents?

20. MURPHY — Ordered that the ordinance committee consider an ordinance which would create a penalty for any driver handing out anything from the car window as a traffic safety violation.

21. MURPHY — Ordered that the public safety committee meet with representatives from the Opioid Substance Abuse task force, the health director, and Judge William Hadley, to discuss the need for a short-term residential transition program to assist individuals returning from a treatment program.  The goal of this would be to improve the chances of long-term success for these individuals.  The resident capacity would probably be around 20 beds.

22. MURPHY — Ordered that the city engineer consider whether there are any means of construction on traffic islands which would not create traffic safety concerns, but which could make it more difficult for anyone to panhandle and still be on the island.

23. SULLIVAN — That the honorable Holyoke City Council approve a
MCGEE grant in the amount of $175,000 to Kestral Land Trust.
Said grant is for Open Space and will be used to fund
the acquisition of ~14 acres of land abutting Scott
Tower.  This will be a key component in leveraging
a $435,400 Phase 1 project.  Voted on by CPAC 7 Yeas
– 0 no – 2 absent
SEND TO DEVELOPMENT AND GOVT. REL.

24. SULLIVAN — That the honorable Holyoke City Council approve a
MCGEE grant in the amount of $250,000 to Wayfinders. Said
grant is for Housing and will be matched by CDBG in
order to access a 16.4 million dollar state grant.
Voted on by CPAC  5 Yeas – 1 No – 1 Abstain – 2 Absent
SEND
TO DEVELOPMENT AND GOVT. REL.

25. VACON — That DPW place Radar Speed feedback signs on the section of Homestead Ave. between the college and Westfield Road.
Constituent request due to high speeds by drivers.

26. ANDERSON-BURGOS — Order that the city of Holyoke adopt the truck exclusion law for West Franklin.

27. BARTLEY — Ordered, that in accordance with M.G.L. Ch. 30B and
VACON the Holyoke Code of Ordinances procurement ordinance,
the City Council declare the Old Rock Valley Road
parcel identified by the Holyoke Board of Assessors
records as Map 183, Block 00, Parcel 006 as surplus property
available for disposition. Said parcel is a vacant
lot approximately 4 acres in size. The property is
described by the Hampden County Registry of Deeds
in Book 1828, Page 162.  The property was awarded
to the City via a Land Court Decree with a Final Judgment
recorded on September 30, 2015 in Hampden County Registry
of Deeds Book 20894, Page 42.  The property is zoned
Agriculture and Single-Family Residence (RA).

28. BARTLEY — That the Honorable City Council, in accordance with M.G.L. ch. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $6,000 from Gregory M. Virgilio to purchase and 416 Appleton Street which is a vacant lot approximately 2,526 square feet in size.  The property is identified in the Holyoke Assessor’s records as Map 061, Block 02, Parcel 014, is zoned Downtown Residential (DR) and has an assessed value of $4,600.

29. BARTLEY — The City Council and any other city department look into minimizing ‘legal notice advertising costs’. There are now three newspapers covering Holyoke and each provides legal ads. Please refer to the Administrative Assistant who shall report back to Finance Committee with a report comparing the ad rates and other relevant factors. Refer to finance, copy to Administrative Assistant.

30. BARTLEY — The City council refer to the Law Department a question asking whether a petitioner to the City Council requiring a public hearing (be it a business, an individual, a public or private organization, and/or any petitioning entity) is compelled to provide public notice via a newspaper of record or whether an alternate/less expensive outlet is allowed. Please determine how and whether the City council can petition the State Legislature under a Home Rule Petition to waive any state law requiring public notices be placed in a local newspaper so long as the City council (and any other city department) publicly provides notice on the website of the City of Holyoke. Background: this matter was recently raised because of the issue of costs to the public to comply may be prohibitive. Refer to Finance, copy to Law Department.

31. BARTLEY — The Holyoke City Council encourages all city department heads to provide correspondence to Spanish-speaking persons in Spanish to the extent feasible. The Holyoke City Council particularly encourages that technical letters from the Mayor’s office, School Dept., Law Dept., Building Commissioner, Planning Board, City Clerk, License Board, and City Council, by translated into Spanish, upon request. (This is a refiled order from 12/3/2019). Refer to the Mayor and all department heads and refer this to the Public Service committee for a hearing so that City council can receive a progress report.

32. BARTLEY — The Property Preservation Group (f/k/a problem property group), Building commissioner, and Mayor’s Office come before the city council’s pubic safety committee and provide an update to City Council regarding the “top 20” list of problem buildings, the efforts of the City to remove these buildings from the list, and an update on the balance of funds in the City’s vacant property budget. Refer to Public Service, copy to aforesaid departments.

33. BARTLEY — The Law Department provide an update to the City Council on the City’s Receivership program. This is our semi-annual review. Refer to DGR, copy to Law Dept.

34. MCGEE — Order that the finance committee invite in Mike McManus and Robert Peirent to discuss and address budgeting for sidewalks, trees, and equipment.

35. MCGEE — Pursuant 301 CMR 51.07(1)(b), I, Todd McGee, Chairman of the City Council of the City of Holyoke, hereby agree to waive the 120 day notice period as required by said section as to a parcel of land of approximately 21.745 acres in the City of Holyoke, shown on Exhibit A attached hereto, in which the Department of Conservation and Recreation is considering acquiring an interest. Map-Lot 217-00-006

36. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, SIX THOUSAND NINE HUNDRED THIRTY TWO AND 4/100 Dollars ($6,934.04) as follows:

FROM:
12201-51105 FIREFIGHTER $4,285.07
12201-51104 LIEUTENANT 2,646.97
TOTAL: $6,934.04
TO:
12201-51180 INJURED ON DUTY $6,932.04
TOTAL: $6,934.04

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law

______________________________
City Clerk

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REGULAR MEETING OF THE CITY COUNCIL
December 1,2020

The meeting was called to order by President McGee at 07:03 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.

 

LAID ON THE TABLE

VACON Ordered, that an order that a City Council rule be added that City Council committees assigned in the prior term remain in effect for re-elected Councilors until the President-elect assigns new committees.
—> Received and laid on the table.

PUBLIC COMMENT
President McGee: described procedures for being acknowledged during public comment.
Councilor Bartley: observed that there may be more than seven members of the public planning to comment. Also asked about capping comments at one minute.
President McGee: asked for a motion to go past the cap of ten people.
Councilor McGiverin: made motion to allow more than ten people during public comment, seconded by Councilor Anderson-Burgos. Asked for clarification that items addressed in public comment should be on the agenda.
President McGee: confirmed that items should be on the agenda.
Councilor Vacon: stated she believed that was not a requirement.
President McGee: clarified that there have been instances when comments don’t follow the agenda, but it should be the rule. Stated that if there is someone from out of town, should suspend the rules for them to allow them to speak.
Councilor Bartley: made motion to allow out of town speakers, seconded by Councilor McGiverin. All vote in favor.
Guy O’Donnell: stated he is addressing agenda items 18 and 22. Read about a study regarding adverse childhood experiences, a study of adverse childhood experiences (ACE). Laid out percentages of correlation of experiences and rate of health outcomes, suicide, depression, addiction. Stated that people who panhandle need compassion, and likely have a high number of ACE’s. Asked for vote against item.
Councilor Lisi arrived at 7:10pm.
Councilor Greaney: asked what item numbers were being addressed.
President McGee: stated 18 and 22.
Jose Maldonado: began by commenting in Spanish: regarding the proposed hen ordinance, didn’t understand why this government body is trying to govern what is natural for Puerto Ricans, and expressed disappointment that a majority of the body doesn’t understand the language of half the community, and his belief that not having a translator is a form of racism. He followed by encouraging those who didn’t understand to ask someone for translation. Also stated that there needs to be more access to Spanish translation of city council meetings, and that he is against criminalizing panhandling.
Eric Frary: spoke on item 21, in support of short term transitional housing for people facing opioid crisis. Also wanted to speak against items 20 and 22. Against using taxpayer funds to create barriers against neighbors helping neighbors.
Councilor Lisi: asked to allow Jennifer Howard to speak in public comment.

Motion was made and seconded to suspend the necessary rules and take item 35 out of order:
MCGEE Ordered, that Pursuant 301 CMR 51.07(1)(b), I, Todd McGee, Chairman of the City Council of the City of Holyoke, hereby agree to waive the 120 day notice period as required by said section as to a parcel of land of approximately 21.745 acres in the City of Holyoke, shown on Exhibit A attached hereto, in which the Department of Conservation and Recreation is considering acquiring an interest. Map-Lot 217-00-006
Under discussion:
Howard: representing Department of Conservation and Recreation. Stated a notification was sent to City Council that they were considering purchase of Boys and Girls Club property at Mt. Tom. Requesting that city council vote to shorten notification period. Enable them to move forward, without waiting 120 days from October date.
Rob Warren: representing Trustees of Reservations. Spoke in favor of item 35, stated they own property abutting property in question. Strongly in support of shortening the notice period.
President McGee: asked for anyone else for public comment.
Matthew Donohue: asked if there will there be another opportunity to speak on item.
President McGee: suggested he can speak now.
Donohue: questioned why requirement wasn’t satisfied prior. Questioned why this is getting pushed through, and not being fully considered.
Councilor Tallman: stated he read letter from Trustees of Reservations. Questioning why we can’t go through with this. Stated he didn’t see any reason to take it up and waive the 120 days.
Councilor Sullivan: stated he would also like to see it go to DGR. There has been no public hearing, believed it is required. Stated he believed that citizens deserve to hear what is going on. Also stated additional questions about purchase and other offers.
Councilor Greaney: Questioned the waiving 120 days, if there is legal precedent. Supported referring to DGR.
Councilor McGiverin: Stating having additional questions to address. Council shouldn’t rush this without hearing from all sides.
Councilor Lisi: asked if ability to waive has a time limit.
President McGee: stated he didn’t have answer for that. Also stated the email had been received and sent to Legal, and suggestion was made to file the order.
Councilor McGiverin: asked who received the email about the notice.
President McGee: stated there was an email from Yoni, the Director of Conservation and Sustainability.
Councilor McGiverin: Observed that this is the first time Council is taking it up.
President McGee: clarified that was correct.
Councilor Vacon: stated she was in favor of sending to committee for more thorough review.
Councilor Leahy: Asked why they are asking to waive review period. Does Council take up liability if we do this? There are more questions. Also questioned record of public hearing with Conservation Commission.
12 votes for sending to DGR, Councilor Tallman voted against.
—> Received and referred to the Development and Governmental Relations Committee.

 

COMMUNICATIONS

From Brenna Murphy McGee, minutes from the November 4 and 17th meeting.
Under discussion:
Councilor Bartley: clarified previous order. Stated he chairs the committee that it will be sent to. Stated that committee will take up the order. Stated they will work on making sure anyone interested can address it. Observed that DGR meetings on December 7th and 14th that are already pretty full.
Councilor Leahy: motion made to approve the minutes, seconded by Councilor Murphy. Councilor Bartley: asked for minutes to be tabled? Stated he hadn’t had a chance to look them over
—> Laid on the table.
From Crystal Barnes, City Solicitor, communication regarding overtime pay for City Hall closure
—> Received and referred to the Finance Committee.

From Tanya Wdowiak, City Auditor, General Fund and Sewer Enterprise Budget Report
—> Received and referred to the Finance Committee.

Motion was made and seconded to suspend the rules and take up 5, 32, 33, and late file B as a package
From Councilor David Bartley, Gazette article regarding the Problem Property Group
—> Received and referred to the Development and Governmental Relations Committee.

BARTLEY Ordered, that The Property Preservation Group (f/k/a problem property group), Building commissioner, and Mayor’s Office come before the city council’s pubic safety committee and provide an update to City Council regarding the “top 20” list of problem buildings, the efforts of the City to remove these buildings from the list, and an update on the balance of funds in the City’s vacant property budget. Refer to Public Service, copy to aforesaid departments.
—> Received and referred to the Public Safety Committee.

BARTLEY Ordered, that The Law Department provide an update to the City Council on the City’s Receivership program. This is our semi-annual review. Refer to DGR, copy to Law Dept.
—> Received and referred to the Development and Governmental Relations Committee.

PETITIONS

Petition from residents on Michigan Ave. for speed bumps
—> Received and referred to the Ordinance Committee.

Petition of Daniel LiBoissonnault for a renewal of a Home Occupation for a Plant base- Non Dairy business at 267 Southampton Rd.
—> Received and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.
Approved by the mayor.

Petition of Sidikson Mamdjonov for a new second hand license at 50 Holyoke St.
—> Received and referred to the Finance Committee.

Presidents report.
Represented Council on November 25th for Harper Haven Park. Suggested everyone take a look at park. Great job, nice addition to area. Great job by DPW.
Councilor Greaney: asked if ice skating at Community Field be in operation this winter.
President McGee: stated that they just need certain temperature to allow for use. No reports that it will not be useable.
Councilor Murphy: suggested that there is a question about Covid restrictions.
President McGee: stated that would be up to Parks and Rec to determine.
President McGee: stated that he is working to get google calendar set up with new admin to make for a more streamlined process. Suggested that we get city emails for all councilors. Easier tracking of meetings and other materials. Waiting on cost.
President McGee: stated he is working on getting a scanner for admin’s office, help with keeping in a stored area, setting up a shared drive.
President McGee: On December 8th, Holyoke Democratic City Committee is holding reception for State Rep Vega. 6-7:30.
President McGee: heard from Sean Gonsalves from Department of Health regarding issue with Covid testing. Clarified that the state did not grant request for other sites. They granted more staffing.
Councilor Lisi: clarified that there was a misunderstanding about who was funding the sites, and that the bulk of funding is coming from state. Also pointed out that they agreed to double the number of staff members to alleviate long lines at Holyoke Community College testing site.
President McGee: observed that he received an email from Mike Bloomberg regarding misunderstanding. Disagreed with the insinuation that City Council shouldn’t be sending out letters on these issues. City was asking for help because there was a problem.
President McGee: received communication about a letter in paper regarding City Council on certain issues. Stated he stands up for my councilors. Disagreed with the assessment that some councilors are racist.
President McGee: received a letter from Mayor Morse announcing he is not seeking re-election. Thanked him for 10 years of service to city. Wished him luck going forward.
Councilor Leahy: asked about timing of city holiday tree lighting.
President McGee: observed that they have not heard from Parks and Rec.
Councilor Leahy: asked admin to call Parks and Rec.
Barnes: offered that a quote was received from Whalley for city emails: $72 a piece, $936 for emails for 13 councilors.
President McGee: stated he would follow up with admin on that.

REPORTS OF COMMITTEES

The Committee on Ordinance to whom was referred an order Special Permit Application for Registered Marijuana Retail Establishment: Abby Property Management, Inc, 40 Lyman St
have considered the same and Recommend the application be adopted.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
Under discussion:
Councilor Lisi: made motion to receive and adopt. This was special permit for marijuana retail establishment, at Abbey Property Management, 40 Lyman. There was some delay in committee to make sure all forms of application were in agreement. Planning Department says there are some gaps in application. Applicant says that many things are pending with the purchase. Ordinance wanted to see project move forward and granted some leniency. Applicant understands that any amendments will require new review of special permit.
Councilor Vacon: stated that the special conditions should be noted.
President McGee read the special conditions of order.
Councilor Vacon: clarified that an amendment was made to last condition referencing letter from Planning on November 19th, which referenced Engineer’s recommendations that the applicant would comply.
Councilor Bartley: spoke in favor of this. Message to admin, suggested that conditions could be posted on agenda going forward. Stated that certain committees get letters and from Planning Board. All councilors should be getting all letters. Admin should work with department heads so that letters should be made available to all councilors and should be public record. Stated he was grateful for the no deliveries part of application. Believed it is good for the small businesses.
Councilor Lisi: corrected that the date it was submitted on October 15th, not 25th.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 1 (Greaney, Jr.)–Absent 1 (Leahy).
Approved by the Mayor.

President McGee: stated that 9B to 9G don’t have legal forms yet because of day with holiday.
Councilor Vacon: motion to table, seconded by Councilor Tallman.
Councilor Murphy: asked if there was any way to suspend rule, pass these tonight, and get legal language later.
Councilor Greaney: reiterated point from Councilor Murphy. Believed we should be able to move quicker on these.
Barnes: stated she spoke with Engineer, that there are procedural requirements and that they need measurements.
President McGee: stated that vote has to be on final measurements. Assured that we would get these back for the meeting 15th.
Councilor McGiverin: understood that if they are not voted on because of measurements, that is fine. Suggested that information from Disability Commission is most important.
Councilor Murphy: stated we were under impression these were looked at by Disability Commission.
Councilor Hernandez: stated need to accelerate the process for constituents.
Councilor Lisi: observed that it may have been a miscommunication as far as what was needed. 199 Beech was incomplete and can go back to committee, others can be tabled to get legal language. Motion made to send 9B back to Ordinance.
Councilor Hernandez: stated she would be happy to help get 199 Beech completed.
President McGee: stated that any tabled items can be added to the next meeting.
Councilor Lebron-Martinez: shared that she received handicap packet at her house. Made clear to the public: there is a delay if items are not sent to city hall.
President McGee: clarified that 9B is being sent back to Ordinance, seconded by Councilor Vacon. All vote in favor.

The Committee on Ordinance to whom was referred an order an order that a handicap sign be placed at 199 Beech St.
have considered the same and Awaiting disposition.

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

The Committee on Ordinance to whom was referred an order that a handicap space be placed in front of 420B Dwight St (Canal Place).
have considered the same and Awaiting disposition.

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

The Committee on Ordinance to whom was referred an order  that a handicap sign be placed at 116 Pearl St.
have considered the same and Awaiting disposition.

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

The Committee on Ordinance to whom was referred an order that a handicap sign be placed at 7 Vernon St.
have considered the same and Awaiting disposition.

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

The Committee on Ordinance to whom was referred an order that a handicap sign be placed at 77 Pine St.
have considered the same and Awaiting disposition .

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

The Committee on Ordinance to whom was referred an order an order that a handicap sign be placed at 254 Walnut St .
have considered the same and Awaiting disposition.

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

Motion was made and seconded to suspend the necessary rules and take items 23 and 24 out of order

SULLIVAN, McGee Ordered, that That the honorable Holyoke City Council approve a grant in the amount of $175,000 to Kestral Land Trust.  Said grant is for Open Space and will be used to fund the acquisition of ~14 acres of land abutting Scott Tower.  This will be a key component in leveraging a $435,400 Phase 1 project.  Voted on by CPAC 7 Yeas – 0 no – 2 absent
SEND TO DEVELOPMENT AND GOVT. REL.
—> Received and referred to the Development and Governmental Relations Committee.

SULLIVAN, McGee Ordered, that That the honorable Holyoke City Council approve a grant in the amount of $250,000 to Wayfinders. Said grant is for Housing and will be matched by CDBG in order to access a 16.4 million dollar state grant. Voted on by CPAC  5 Yeas – 1 No – 1 Abstain – 2 Absent
SEND TO DEVELOPMENT AND GOVT. REL.
—> Received and referred to the Development and Governmental Relations Committee.

The Committee on Finance to whom was referred a Second Hand License Application for Diego Munoz Torres at 241 Main St
(Recommended by the Mayor)
have considered the same and Recommend that the application be approved.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
Under discussion:
Councilor McGiverin: stated that Diego Torres met with Finance, clarified that item would be a renewal, but it was a change of address so we had a full public hearing. Complies with laws to provide log to police in case of stolen items. Recommends granting the license.
—> 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.

motion was made and seconded to take items 10B & 10C as a package
The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 STATE 911 DEPARTMENT SUPPORT AND INCENTIVE” 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.
(Recommended by the Mayor)
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
Under discussion:
Councilor McGiverin: stated that Sgt Hart attended from police department. Stated that these are annual grants, and that neither has matching funds from the city. Laid out details of the grants, including amounts and purposes.
President McGee: stated that motion is to pass first reading, seconded by Councilor Lisi: All vote in favor.
Councilor Tallman: motion to pass the second reading, seconded by seconded by Councilor McGiverin.
Councilor Bartley: asked Finance Chair, this is $250,000 in funds? Asked if it goes though fiscal ’21? Asked what Police Department does with funds we have budgeted for dispatchers?
Councilor McGiverin: clarified that the funds are accurate, that it does go through FY21. Stated that grants change from year to year and they don’t always know what they’re getting. Funds form budget that are offset becomes a surplus.
Councilor Murphy: stated importance of getting grants and offsetting funds for additional use in other areas.
—> 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.
Approved by the Mayor.

The Committee on Finance to whom was referred an order Order: that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 STATE 911 DEPARTMENT TRAINING” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures if all resources associated with the administration of said grant.
(Recommended by the Mayor)
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.
Approved by the Mayor.

The Committee on Finance to whom was referred an order that the bonding for the 10 priority intersections and funding for the traffic light installations be reviewed in Finance Committee
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
Under discussion:
Councilor McGiverin: stated that he had reached out to Mike McManus, asking for update on bonding for intersections. Received a response that they could not have it ready for meeting.
Councilor Bartley: stated he received memo form McManus but agreed with tabling so that full council could review memo. Also stated he sent email to Richard Massey, assistant engineer in Northampton, MassDot plan to swap out lights. Spoke to alarm division, O’Connor. Still on MassDOT bid list. Will plan to give update at next meeting. Also referred to 2015 order filed along with Councilor Lisi relative to Homestead Avenue.
—> Report of Committee received and laid on the table.

Councilor McGiverin: stated the Finance Committee had one other item, relative to making Ryan a special employee. It was voted out, with recommendation for leave to withdraw. Stated a plan to reach out to mayor’s office to find a way to pay Ryan Allen. Made motion to remove item from committee, seconded by Councilor Vacon. All vote in favor.
President McGee: clarified item was to make Ryan Allen a special employee of the City Council. Item was to make sure he was paid for time spent training new administrative assistant.
Councilor McGiverin: clarified that Law Department advised that special employee is a distinction for a position, not an employee. Issue was that because is an employee of city, state statutes prevent him from being paid by the city twice.
Councilor Leahy: recalled that it was a good meeting. Stated that we should find a legal way to pay him.
Councilor Bartley: clarified it was agenda item 7 on Finance meeting. Suggested that this should be referred to the mayor. Council doesn’t issue paychecks and can’t issue 1099’s
Councilor Greaney: asked if it would be possible to pay Ryan a bonus?
Councilor Tallman: stated belief that there should be a way to address this situation.
President McGee: stated that motion is to give leave to withdraw, but send message to mayor to find a way to pay Ryan through Covid funds or a stipend, seconded by Councilor Tallman.
Councilor Greaney: asked for a point of order. Suggested that since he has left one job to go to another, a severance check could cover the situation.

The Committee on Public Service to whom was referred Mayoral appointment of Rosanna Lopez as a Commissioner of the Planning Board
have considered the same and Recommend the appointment be confirmed.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi
Under discussion:
President McGee: 12A – The Committee on Public Service to whom was referred Mayoral appointment of Rosanna Lopez as a Commissioner of the Planning Board Recommend the appointment be confirmed.
Councilor Leahy: made motion to receive and adopt, seconded by Councilor Murphy.
Councilor Leahy: recalled that great appointments came in. Councilor Murphy filled in for one committee member to make a quorum. Made a motion to confirm Rosanna Lopez, seconded by Councilor Murphy. Described her community work, volunteerism, and qualifications.
Councilor Lebron-Martinez: stated that Rosanna has been very involved in community and knows the community well.
Councilor Murphy: asked if we were able to get that letter.
Councilor Leahy: to admin, asked if a letter was acquired.
Councilor Bartley: asked when she had been on a City Council agenda. Suggested that rules be followed.
President McGee: suggested a motion to table to make sure we’re in legal compliance.
Councilor Vacon: made motion to table, seconded by Councilor Leahy.
Councilor Lisi: clarified that we did receive letter, questioned if issue is committee agenda or receiving letter.
Councilor Bartley: concerned that issue is that it hadn’t been received by the full council.
All vote to table.
—> Report of Committee received and laid on the table.

The Committee on Public Service to whom was referred Mayoral appointment of Daphne Board as member of the Holyoke Redevelopment Authority
have considered the same and Recommend the appointment be confirmed.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi
Under discussion:
Councilor Leahy: made motion to receive and confirm. Described her background and qualifications, involvement with city of Holyoke for a long time.
Councilor McGiverin: spoke in favor of her credentials and approved her appointment. Great addition to Redevelopment Authority. Asked who she was replacing.
Councilor Leahy: replied that she is replacing Pat Duffy.
Councilor Tallman: spoke in favor of appointment, has watched her involvement in the city and dedication to community.
Councilor Lisi: spoke in favor of appointment. Recalled her advocacy, and believed committee is a great fit, pointed to her previous work in the community.
—> Report of Committee received and recommendation adopted.

The Committee on Public Service to whom was referred Mayoral appointment of Harry Montalvo to serve as a member of the Historical Commission of the City of Holyoke
have considered the same and Recommend the appointment be confirmed.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi
Under discussion:
Councilor Leahy: made motion to receive and appoint. Stated that the man is a great appointment. He has done a lot of work bringing business into Holyoke, has sits on Chamber of Commerce and was on the Planning Board. Also knows a lot of history of buildings in Holyoke.
Councilor Anderson-Burgos: stated that the appointee is a caring person, good listener, will do well in appointment.
—> Report of Committee received and recommendation adopted.

The Committee on Public Service to whom was referred Mayoral appointment of Helene J. Busby to serve as Parks and Rec. Commissioner for the City of Holyoke
have considered the same and Recommend the appointment be confirmed.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi
Under discussion:
Councilor Leahy: made motion to receive, adopt, and appoint. Had clerical issue with emails, could not attend meeting, spoke with her before meeting.
Councilor Lisi: spoke in favor of appointment. Stated applicant is intelligent and interested in the parks. As a parent, she thinks a lot about good use of the parks.
Councilor Murphy: stated he was impressed with suggestions made for use of the parks. Observed that she had done her homework.
Councilor Tallman: stated that she is a great pick, great awareness of the parks.
—> Report of Committee received and recommendation adopted.

The Committee on Public Service to whom was referred Mayoral appointment of Gurninder Dhaliwal as a Commissioner of the Planning Board
have considered the same and Recommend the appointment be confirmed.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi
Under discussion:
Councilor Leahy: motion to receive and confirm. Described all of the work and support for the community that the appointee has been involved in, including providing meals to people in the face of Covid-19 crisis.
Councilor Sullivan: glad to see him being appointed. Someone with practical business experience.
Councilor Bartley: thanked Eileen Regan for her work.
Councilor Vacon: happy that mayor was able to find a good appointment.
Councilor McGiverin: he brings a great business perspective to the Board.
Councilor Lisi: also supported his appointment. Also want to note Eileen Regan has been on Planning Board for many years, she brought a lot of expertise.
Councilor Tallman: great selection, very giving man. He will do a great job.
—> Report of Committee received and recommendation adopted.

The Committee on Public Service to whom was referred Mayoral appointment of Michael J. Moriarty as Commissioner of the Licensing Board
have considered the same and Recommend the appointment be confirmed.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi
Under discussion:
Councilor Leahy: motion to receive and confirm. Interesting to learn there is a Republican slot for the Licensing Board. Because he’s been out of law for many years, doesn’t see any conflicts. Familiar with license committee as he has represented many in front of it.
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

MURPHY Ordered, that Ordered that the public safety committee meet with representatives from the Opioid Substance Abuse task force, the health director, and Judge William Hadley, to discuss the need for a short-term residential transition program to assist individuals returning from a treatment program.  The goal of this would be to improve the chances of long-term success for these individuals.  The resident capacity would probably be around 20 beds.
Under discussion:
Councilor Murphy: stated that he had met with Sgt Hart to go to Race St. meet with opioid substance abuse task force. This was emphasized as having a great need. People get treatment, but people don’t have a support network after. Motion to send to Public Safety.
—> Received and referred to the Public Safety Committee.

MURPHY, Anderson-Burgos, Hernandez, Lebron-Martinez, Lisi, Tallman Ordered, that Ordered that the DG&R committee meet with Holyoke Media to put together an action plan to televise city council meetings and sub-committee meetings translated into Spanish.  The goal should be to televise within 48 hours of the actual meeting.
Under discussion:
Councilor Murphy: motion to refer to DGR: Chestnut Community Alliance and Wayfinders, one concern is that we need communication out to Spanish speaking community, which would provide more knowledge and comfort in participating in decision making process of the city.
Councilor Lebron-Martinez: asked to be signed onto this order. Stated that she supported an order from years ago regarding request and recommendation from this community.
Councilor McGiverin: observed that this has been talked about this for decades, technology has caught up to being able to do this. Subtitles would be great, as well as having the minutes translated.
Councilor Bartley: made motion to send copy to Holyoke Media.
Councilor Lisi: asked to be added to order. Stated support for subtitles as opposed to full translation. Suggested that getting city council agenda posted in dual language could happen.
Councilor Hernandez: asked to be signed onto order. Stated the importance of communicating with the whole community of Holyoke. Suggested that with Zoom, there could be a separate room for translation.
Councilor Leahy: asked to be added a cosigner. Suggested being in Cynthia Minor to help.
Councilor Tallman: asked to be added as a cosigner. Stated importance that whole community knows what is going on with local government. There should be a way to make this happen.
Councilor Anderson-Burgos: asked to be added as a cosigner. Suggested that the Council not leave out those who don’t know how to read, observed the need for audio to help get the message across.
Councilor Murphy: expressed appreciation for support. Stated that it is time to get this done, and that it would be preferable to announce a plan in the next couple of months. Suggested that there should be ways to involve Holyoke Media.
—> Received and referred to the Development and Governmental Relations Committee. Copy to Holyoke Media.

MURPHY Ordered, that Ordered that the DG&R committee meet with Holyoke Media, the mayor, the health director, and representatives from the Opioid Substance Abuse task force program, to present a five to ten minute video to be televised on Ch 15 on the importance of persons not contributing to panhandlers.  The emphasis should be on the negative impact of doing so, in terms of panhandlers rejecting offers which could much more significantly improve the quality of their lives.  Once the program is completed, it should be shown just prior to city council meetings on Ch 15.
Under discussion:
Councilor Murphy: made motion to refer to DGR. Stated that order is a recommendation of the opioid substance abuse task force. Observed that compassion for struggles can be balanced with work to improve lives. Recalled that Sean Gonsalves (BOH Director) emphasized that to improve lives, we need to get people to not contribute to panhandlers. Councilors at last Public Safety meeting emphasized that because panhandlers are getting financial support from people, they don’t accept help. Would like to see where we can offer service, with a goal that people are willing to accept help.
—> Received and referred to the Development and Governmental Relations Committee. Copy to Holyoke Media, Mayor, BOH, Opiod Substance Abuse Task Force..

MURPHY, Anderson-Burgos, Lisi Ordered, that Ordered that the DG&R committee meet with Holyoke Media about the possibility of having more programming on Ch 15.  Is it possible to have some regular half hour programs which could both entertain and inform residents?
Under discussion:
Councilor Murphy: made motion to refer to Ordinance. Recognized that several residents had concerns about violating rights. This came from task force to discourage contributing. Goal is to get situation where people who need services will accept offers.
Councilor McGiverin: spoke in favor of motion.
Councilor Greaney: observed that “any driver handing out anything” is vague. Need to address language in committee.
Councilor Sullivan: commended Councilor Murphy for trying to address this. Observed that the city has many programs, organizations, and outreach grants. Certain segment of population doesn’t acknowledge that there are some taking advantage of public.
—> Received and referred to the Development and Governmental Relations Committee.

MURPHY Ordered, that Ordered that the ordinance committee consider an ordinance which would create a penalty for any driver handing out anything from the car window as a traffic safety violation.
—> Received and referred to the Ordinance Committee.

MURPHY Ordered, that Ordered that the public safety committee meet with representatives from the Opioid Substance Abuse task force, the health director, and Judge William Hadley, to discuss the need for a short-term residential transition program to assist individuals returning from a treatment program.  The goal of this would be to improve the chances of long-term success for these individuals.  The resident capacity would probably be around 20 beds.
—> Given leave to withdraw.

MURPHY Ordered, that Ordered that the city engineer consider whether there are any means of construction on traffic islands which would not create traffic safety concerns, but which could make it more difficult for anyone to panhandle and still be on the island.
—> Received and adopted. Referred to the Engineer. Copy to Public Safety
Returned with no signature from the Mayor.

VACON, Greaney, Jr. Ordered, that That DPW place Radar Speed feedback signs on the section of Homestead Ave. between the college and Westfield Road.
Constituent request due to high speeds by drivers.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

ANDERSON-BURGOS, Greaney, Jr. Ordered, that Order that the city of Holyoke adopt the truck exclusion law for West Franklin and Sargent St.
—> Received and referred to the Ordinance Committee.

BARTLEY, Vacon Ordered, that Ordered, that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare the Old Rock Valley Road parcel identified by the Holyoke Board of Assessors records as Map 183, Block 00, Parcel 006 as surplus property available for disposition. Said parcel is a vacant lot approximately 4 acres in size. The property is described by the Hampden County Registry of Deeds in Book 1828, Page 162.  The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on September 30, 2015 in Hampden County Registry of Deeds Book 20894, Page 42.  The property is zoned Agriculture and Single-Family Residence (RA).

 

—> Received and referred to the Development and Governmental Relations Committee.

BARTLEY Ordered, that That the Honorable City Council, in accordance with M.G.L. ch. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $6,000 from Gregory M. Virgilio to purchase and 416 Appleton Street which is a vacant lot approximately 2,526 square feet in size.  The property is identified in the Holyoke Assessor’s records as Map 061, Block 02, Parcel 014, is zoned Downtown Residential (DR) and has an assessed value of $4,600.
—> Received and referred to the Development and Governmental Relations Committee.

BARTLEY Ordered, that The City Council and any other city department look into minimizing ‘legal notice advertising costs’. There are now three newspapers covering Holyoke and each provides legal ads. Please refer to the Administrative Assistant who shall report back to Finance Committee with a report comparing the ad rates and other relevant factors. Refer to finance, copy to Administrative Assistant.
—> Received and referred to the Finance Committee.

BARTLEY Ordered, that The City council refer to the Law Department a question asking whether a petitioner to the City Council requiring a public hearing (be it a business, an individual, a public or private organization, and/or any petitioning entity) is compelled to provide public notice via a newspaper of record or whether an alternate/less expensive outlet is allowed. Please determine how and whether the City council can petition the State Legislature under a Home Rule Petition to waive any state law requiring public notices be placed in a local newspaper so long as the City council (and any other city department) publicly provides notice on the website of the City of Holyoke. Background: this matter was recently raised because of the issue of costs to the public to comply may be prohibitive. Refer to Finance, copy to Law Department.
—> Received and referred to the Finance Committee.

BARTLEY Ordered, that The Holyoke City Council encourages all city department heads to provide correspondence to Spanish-speaking persons in Spanish to the extent feasible. The Holyoke City Council particularly encourages that technical letters from the Mayor’s office, School Dept., Law Dept., Building Commissioner, Planning Board, City Clerk, License Board, and City Council, by translated into Spanish, upon request. (This is a refiled order from 12/3/2019). Refer to the Mayor and all department heads and refer this to the Public Service committee for a hearing so that City council can receive a progress report.
—> Received and referred to the Public Service Committee. Copy to School Dept, Law Dept, Building Commissioner, Planning Board, City Clerk, License Board City Council.

MCGEE, Anderson-Burgos, Bartley, Greaney, Jr., Tallman Ordered, that Order that the finance committee invite in Mike McManus and Robert Peirent to discuss and address budgeting for sidewalks, trees, and equipment and tree stumps.
—> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, SIX THOUSAND NINE HUNDRED THIRTY TWO AND 4/100 Dollars ($6,934.04) as follows:

FROM:
12201-51105 FIREFIGHTER $4,285.07
12201-51104 LIEUTENANT 2,646.97
TOTAL: $6,934.04
TO:
12201-51180 INJURED ON DUTY $6,932.04
TOTAL: $6,934.04
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.
Approved by the Mayor.

LATE FILED ORDERS & COMMUNICATIONS

From Amy Landau, CPA Project Summary for the LC2 Way Finders Phase 2 Project .
—> Received and referred to the Development and Governmental Relations Committee.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND ONE HUNDRED TWO AND 00/100 Dollars ($5,102.00) as follows:

FROM:
11462-53010 TAX TITLE CERTIFICATION $5,102.00
TOTAL: $5,102.00
TO:
11461-51500 PAY-VACATION BUYBACK $5,102.00
TOTAL: $5,102.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, December 1, 2020.

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

 

Adjourn at 09:25 PM.
A true record
ATTEST:

______________________________
City Clerk


Jeffery Anderson-Burgos
Administrative Assistant to the City Council

Holyoke City Hall
536 Dwight St, Room 10
Holyoke, MA 01040
Regular hours 8:30 AM - 4:30 PM
Meeting days 12:00 PM - 5:00 PM
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