Holyoke City Council Meeting March 2, 2021

REGULAR MEETING OF THE CITY COUNCIL
March 2,2021

 

The meeting was called to order by President McGee at 07:05 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

The Committee on Ordinance to whom was referred an order that in an effort to enhance food access and security for our residents during these uncertain times that we expedite a backyard chicken ordinance as well as review of the permitting process for community gardens to ensure that it facilitates easy access and use of such sites. Recommended that the order be adopted.

UNDER DISCUSSION:

Councilor Lisi observed that the order has had several amendments. Described several details of the proposed ordinance regarding number of hens, zones allowed, structure requirements, as well as spacing requirements for hens and distance from property boundaries and other properties. Described special permit petitioning requirements. Described compromises had been made, stating her belief that some are overly restrictive and bureaucratic. Expressed intent to support as an incremental approach to getting ordinance passed.
Councilor Murphy noted his involvement in amendments, noting the special permit requirement, ability for tenants of rental properties to participate, as well as distance from neighboring properties. Encouraged those interested to talk to neighbors before beginning the process. Expressed that initial expenses of raising hens could be made up over time.
Councilor Vacon expressed that current ordinance for chickens is acceptable in the RA zone. Stated intent to not support the order, adding that future effort to implement a pilot program may earn her support.
Councilor Leahy reiterated support for idea of a pilot program that was introduced by former councilor, Tim Purington. Noted the importance of composting when raising hens. Noted the value of hens as an educational opportunity and building of community.
Councilor Greaney stated his support for the ordinance being brought to a city vote.
Councilor Lisi noted that there are two separate votes, zoning and ordinance, and that two legal forms have different thresholds for passage.
Councilor McGiverin stated that both are essentially zoning changes, in part due to the special permit requirement.
Councilor Murphy made a motion to allow Atty Barnes to address the council to answer a legal question. Councilor Tallman seconded the motion. All councilors voted in favor.
Atty Barnes: stated two pieces style of housing allowed, also ordinance piece, under section 14. Not necessarily a zoning amendment, regular ordinance. Two go hand in hand
President McGee stated that all tied to new ordinance language, voting on as a package. If we vote, how many needed.
Atty Barnes stated that each draft requires a different threshold, with the ordinance requiring a simple majority and the zoning change requiring a two thirds majority.
Councilor Murphy stated he looks at the ordinance as a zoning change.
Councilor Vacon noted that if the zoning doesn’t change, the ordinance has no purpose.
Atty Barnes stated she would be looking at how much the two drafts are intertwined. Observed that the Board of Health regulations are part of the ordinance, who also must vote on changes.
Councilor Vacon stated that if the zoning doesn’t change, there would not be a special permit process.
Councilors Lisi observed that when Ordinance Committee held a joint meeting with Planning Board, their only recommendation was with the zoning changes, adding that the ordinance language was through the Ordinance Committee.
Councilor McGiverin noted that one order had been filed to address the matter, expressing that it should be one all-encompassing vote. Stated that the entire issue is linked to zoning.
President McGee noted that one order encompassed two things.
Atty Barnes expressed that the two items go together, adding that two pieces of legislation had to be written to change ordinances in two separate places. Stated that the entire matter appeared to require a two thirds vote.
President McGee suggested voting on zoning change first.
Atty Barnes stated that in trying to amend zoning, it made sense to vote on both together.
Councilor Murphy asked for clarification that nine votes would be required for both to pass.
President McGee stated that is how he read it, and that Atty Barnes stated the same.
—> In City Council, on March 2, the 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.
Report of Committee was received and denied on a call of the roll of the yeas and nays 8 Yeas- 5 Nays (Bartley, Greaney, Leahy, Sullivan, Vacon).

 

PUBLIC COMMENT

(22:20)
President McGee noted the methods for being acknowledged and described the rules for public comment.
Scott DeFelice addressed the planned opening of a substance abuse treatment facility on Yale St, expressing concerns with increased activity and traffic related to visitors, emergency vehicles, deliveries, treatments, and regular turnover of residents.
Andrew Kwart addressed quality of life concerns regarding raising hens. Noted that the issue is about improving lives, adding that people who raise them adore their chickens. Also expressed that eggs from raised hens are better than store bought eggs.
Steve Rosenburg expressed support for item 35 requiring a special permit for congregate housing. Also suggested adding amendments, such as a requirement for facilities to recertify annually and increased regular police department inspections. Also addressed the proposed hen ordinance, stating that the expense of raising chickens would be more than buying eggs at the store.

COMMUNICATIONS

 

From Mayor Alex Morse, communication email from Providence Behavioral Health Hospital
Councilor Bartley noted an interesting situation regarding item 2. Stated that with plans at former Geriatric Authority, along with Mt Saint Vincent, Providence, and Mont Marie, Holyoke will end up having a cluster of large institutions. Noted that previously nonprofit institutions would become profitable taxpaying entities serving people who had not been getting a lot of service. Added that he had confirmed with the Assessor that they would be taxable entities, leading to growth in the commercial tax base.
—> Received.

BARTLEY — Ordered, that the city council invite Jim Welch to discuss Providence Behavioral Health Center.
—> Received and referred to the Development and Governmental Relations Committee
Motion was made and passed to allow HPD Chief Febo to address the council.
Motion was made and seconded to suspend the necessary rules and take items 49 and 50 out of order:
MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, SEVENTY THOUSAND AND 00/100 Dollars ($70,000) as follows:

FROM:
12101-51107 PATROLMEN $70,000
TOTAL: $70,000
TO:
12102-54830 MOTOR VEHICLE SUPPLIES $40,000
12102-52410 R&M MOTOR VEHICLES 30,000
TOTAL: $70,000
To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

Alex B Morse, Mayor

UNDER DISCUSSION:

Chief Febo noted initial requests for repairs and cuts that has been made. Stated that department has 55 cars, noting relatively few under 2 years old with the large majority having between 75K and 200K miles. Noted that department has one mechanic to handle all 55 cars. Added that repairs requiring greater time must be sent out. Stated that department is trying to work within budget, and that transfers work within the approved budget.
President McGee observed that an order had been approved to require city council approval for transfers between line items, especially for overtime. Noted that sending orders to committee could create delays in paying bills.
Councilor Leahy asked for clarification on the number of vehicles in the department.
Chief Febo stated that there are 55 vehicles, with 6 of them being the newest vehicles acquired through lease and that they run 24 hours a day.
Councilor Leahy emphasized the kind of wear there would be on vehicles running 24 hours a day. Asked what the Chief hopes for the department to get in terms of vehicles.
Chief Febo stated that the likely plan is to as for $90K for motor vehicle repair. Added that supplies would likely be an $80K request.
Councilor Leahy asked about any plans to purchase new vehicles.
Chief Febo stated intent to request 6 new cars every two years.
Councilor Leahy noted getting great mileage on personal electric vehicles, and asked about potential for electric police vehicles.
Chief Febo recalled an article about one police department acquiring a fleet of Tesla vehicles, adding that Holyoke is not there yet. Stated that size and structural requirements of police vehicles could be an obstacle at this time.
Councilor Leahy stated intent to support the order. Also noted a need to abstain from voting on item 50.
Councilor McGiverin noted the need for approval is due to a transfer going from personnel to expenses. Referring to item 50, asked why there is a surplus of $200K in the account.
Chief Febo observed there had been retirements, promotions, and some control positions were paid for through grants. Added that the department doesn’t have this every year. Stated that the department tries to work with the over all budget.
Councilor McGiverin asked about the number of retirements. Also asked if buybacks and paid and accounted for.
Febo stated that there are 6 retirements, with one yet to come. Stated that some buybacks were short, adding that there would be a third order coming for another retirement. Noted that the department would not need more buyback for the rest of the year.
McGiverin asked if anyone money had been transferred out of the motor vehicle supplies for the R&M motor vehicles line items this year.
Chief Febo stated there had not.
—> 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.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO HUNDRED THOUSAND AND 00/100 Dollars ($200,000) as follows:

FROM:
12101-51107 PATROLMEN $130,000
12101-51900 TRAINING 20,000
12101-51590 COURT 20,000
12101-51920 INCENTIVE 30,000
TOTAL: $200,000
TO:
12101-51300 OVERTIME $200,000
TOTAL: $200,000

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

Alex B Morse, Mayor

UNDER DISCUSSION:

Councilor Vacon stated that she would like the order to be referred to committee, noting a need for more discussion on costs overtime, particularly who is working it, and the extra cost of higher paid officers working overtime shifts.
Councilor Bartley stated that he would also prefer a committee discussion, adding that he would not a support a floor vote without more in depth explanation on who gets overtime, why, and other considerations. Expressed a hope that free cash would be a better avenue for covering the costs but noted hearing in previous night’s Finance Committee meeting that the outside auditor is not in support of using free cash for transfers to overtime.
Councilor Lisi noted that free cash for any operational costs are not supported by the outside auditor. Asked if overtime is allocated is due to contractual obligations, or if there is additional leeway.
Chief Febo stated that overtime is allocated fairly and equitably according to the unions. Noted hearing some councilors questioning why some patrolman don’t work overtime shifts, adding frustration with specific councilors when they demand to meet with members of the union over the issue.
President McGee offered a reminder about a rule against calling out specific councilors by name.
Chief Febo expressed hearing statements that are insulting to the police department. Stated he believes micromanaging is happening. Noted number of arrests for various offenses during the current fiscal year. Stated that there cannot be a crime problem and a budget surplus. Stated that department’s budget should be used to address problems rather than being asked to return the funds. Questioned purpose of rule requiring department to come before city council before moving money around budget. Expressed frustration that council micromanages by requiring discussions in committees about who works what shifts at what times.
Councilor Lisi expressed hearing that overtime allocation is contractual.
Chief Febo expressed his respect for unions. Expressed that officers can’t be criticized for choosing not to work overtime or for making too much by working many overtime shifts.
Councilor Murphy asked for a clarification of the balance in the overtime budget.
Chief Febo stated there is $284, with about $30K being paid per period. Noted that warmer months will increase need for addressing various annual issues such as fireworks and drag racing. Added that funds need to be ready ahead of time.
Councilor Murphy noted that the report shows having used $352K.
Chief Febo clarified that department has spent $575,900, and already moved $610K.
Councilor Murphy noted reading that $352K had been spent as of end of February.
Chief Febo stated he had looked at numbers that day.
Councilor Murphy noted looking at audit report, reiterating it stated department had spent $352K in overtime.
Chief Febo confirmed they spent more than that.
Councilor McGiverin stated there are likely good reasons for the transfer from expenses to personnel but hadn’t heard need for passing that night.
—> Received and referred to the Finance Committee.

Councilor Sullivan: noting that people were in attendance for the item, made a motion to suspend the rules to take item 35 out of order. Councilor Bartley seconded the motion. All councilors voted in favor.
Motion was made and seconded to suspend the necessary rules and take item 35 out of order:
SULLIVAN Ordered, that The City of Holyoke amend Zoning Ordinance section 4.3(A)(8) and 9.3 and any other ordinance or regulation so as to require a special permit prior to granting permission for residential care or rehabilitation (also known as group homes) in all residential districts in the City of Holyoke and no longer allow the use as of right; the special permit is to be issued by one of the following boards and only after a public hearing: city council or the planning board or the board of appeals. Refer to ordinance.
—> Received and referred to the Ordinance Committee

From City Clerk Brenna Murphy McGee and Administrative Assistant Jeffrey Anderson-Burgos, minutes for the February 16, 2021 council meeting
—> Received and adopted.

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

From Tanya Wdowiak, City Auditor, Grant Fund Report
—> Received and referred to the Finance Committee.

From Todd McGee, President of City Council letter re: Residency Requirement.
—> Received and referred to the Ordinance Committee.

Communication from Councilor Bartley re: Puerto Rican diaspora community in Connecticut.
Councilor Bartley stated that the item had been a front page article and noted its relevance to item 30B. Encouraged his colleagues to read it.
—> Received.

From Aaron Vega, Director Office of Planning & Economic Development letter re: reviewing updated grant procedures.
—> Received.

From Alicia Zoeller, FY2021 CDBG Proposal Materials
—> Received and referred to the Development and Governmental Relations Committee.

Memorandum of Understanding Between The Holyoke Public Schools and The Holyoke Police Department.
—> Received and referred to the Finance Committee.

Communication regarding Neighborhood Hub Project.
—> Received and referred to the Finance Committee.

From Cinder McNerney, email regarding Bonding of Trucks.
—> Received and referred to the Finance Committee.

From EMB Natural Ventures LLC letter re: 2020 Annual Report.
—> Received and referred to the Ordinance Committee.

From Sergey Troshchiy, withdrawal for a Zone Change at 405 Ingleside St.
—> Received and referred to the Ordinance Committee.

From Sean R. Cronin, Sr. Deputy Commissioner of Local Services email re: BAN.
—> Received and referred to the Finance Committee.

Motion was made and seconded to suspend the necessary rules and take items 16-18 as a package
Community Outreach Meeting for a proposed Marijuana Establishment at 12 Crescent St.
—> Received and referred to Ordinance.

Community Outreach Meeting for Hybrid House LLC located at 55 Jackson St.
—> Received and referred to Ordinance.

Virtual Community Outreach Meeting for a Marijuana Delivery Operator at 620 Beaulieu St.
—> Received and referred to Ordinance.

Motion was made and seconded to suspend the necessary rules and take items 19-20 as a package
From Mayor William C. Reichelt of Town of West Springfield letter re: Town of West Springfield Conservation Restriction.
—> Received and referred to the Development and Governmental Relations Committee.

From Whiting Street Reservoir Committee, minutes of February 2 and February 16, 2021.
—> Received and referred to the Development and Governmental Relations Committee.

From Board of Fire Commission minutes of January 21, 2021.
—> Received.

From Harold and Lois Darcy, concerned citizens
Councilor Bartley asked for a clarification the issue.
Councilor Vacon stated that Southampton Road is confusing because of the order of the numbers in Holyoke, and that the section of the road in Southampton has some duplicates to the section in Holyoke leading to emergency vehicles arriving at the wrong location. Suggested it might be easier for Southampton to change their numbers, adding that it is a legitimate concern for Holyoke as well. Stated an intent to look into the issue further and potentially file an order.
Councilor Bartley asked for a clarification on how street numbers are changed.
Councilor Leahy suggested the Post Office might be responsible.
Councilor Tallman suggested it could be the Building Department.
President McGee suggested send the letter to the Ordinance Committee.
Councilor Bartley suggested sending the letter to the Ordinance Committee and copied to the Building Commissioner for an opinion.
City Clerk McGee noted the engineer may have something to do with it.
Councilor Bartley suggested sending to the city engineer as well.
Councilor Greaney asked if a notice should be sent to Southampton as well.
President McGee asked if the issue is on the Holyoke side.
Councilor Vacon stated that the issue may be on both sides, noting that residents of Southampton had brought up the issue.
President McGee suggested that a communication could be sent to Southampton after our own review.
—> Received and referred to the Ordinance Committee. Copy to Building Department and Engineer.

PETITIONS

(1:05:45)
Petition of Anthony Dominguez for a non-conforming structures, other than single and two family structures for 50 Upland Rd.
Councilor Vacon asked for a clarification of the petition.
President McGee stated that the petition is to change from non-confirming to conforming, adding that the garage is currently non-confirming and that the petitioner plans to use it for personal storage.
—> Received and referred to the Development and Governmental Relations Committee.

Petition of Massbiology Technology LLC for a Cannabis Cultivation & Manufacturing Establishment at 6 Appleton St.
—> Received and referred to the Ordinance Committee.

Councilor Lisi asked if the items are petitions or applications, noting that they are usually applications.
City Clerk McGee stated that marijuana businesses are always filed as petitions.
Petition of Green Highland LLC for a new Marijuana Retail and Manufactuirng Establishment at 26 Hadley Mills Rd.
—> Received and referred to the Ordinance Committee.

President McGee stated that there are members of the public in attendance specifically for item 30A and suggested that the item be taken up out of order.

Motion was made and seconded the take up item 30A out of order.

The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of The Log Cabin Banquet & Meeting House, Inc. for a Drive-Thru Facility per section 7.1.6 of the Holyoke Zoning Ordinance at 500 Easthampton Rd. (Map 213 Block 00 Parcel 003).
have considered the same and Recommended that the application be approved with the following conditions:
1. That the hours of operation of the drive-thru be seven days, from 5AM-10PM;
2. That one year from the date of issuance of a Certificate of Occupancy for the proposed drive-through restaurant, or sooner in event that significant traffic safety issues result from the drive-through restaurant, as jointly identified by the Holyoke Police Department and Department of Public Works, the Owner shall come back before the City Council to review the site operations and traffic flow associated with the site. Should documented problems exist, the Owner shall identify and implement measures to mitigate such concerns, subject to approval of the Department of Public Works and Planning Board;
3. That all relevant portions of the December 3rd, 2020 letter from the Planning Board pertaining to the special permit application for a drive-thru be considered and addressed. .

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez

UNDER DISCUSSION:

Councilor Bartley observed that there had been good contributions to the discussion from the committee, the petitioner, and members of the public. Noted that the petition had been before the council in 2018, but that it had expired before any progress took place, requiring a new special permit application according to Mass law. Observed that the City Engineer saw it as an improvement from the first petition, adding there were still open questions and steps to be taken. Stated that the review is still with Planning and the DPW board, adding that there had been a Conservation issues to address. Observed that the discussion included addressing challenges regarding width of the road, space for turns, parking, along with addressing litter and other concerns related to the aesthetics of the location.
Councilor Leahy expressed support, while noting the obstacles still to be addressed. Expressed confidence in those involved in the project.
Councilor McGiverin expressed support. Observed concerns that had been discussed relative to endangered species in the area, noting skepticism in the changes that the petitioner was forced to make to address those concerns.
Councilor Greaney stated his concerns for safety, adding a hope that issues would be addressed with Planning. Expressed his support for the project and confidence in the petitioner.
Councilor Tallman stated he learned much in the meeting and noted his appreciation for the condition requiring the petitioner to address any concerns after a year.
Councilor Lisi expressed appreciation that petitioner would not expand the footprint of the lot. Expressed support for condition to reassess traffic flow issues after a year.
Councilor Bartley expressed confidence with the petitioner, noting a good track record with the city. Observed that the proposed building was designed to blend in with the aesthetics of the location.
President McGee expressed appreciation for the committee’s work, adding confidence in the petitioner. Observed they made efforts to adjust the proposal to account for concerns.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

PRESIDENT’S REPORT

(1:23:00)
President McGee observed news that Mayor Morse had been appointed to be Town Manager in Provincetown, adding that there are many details not yet known. Stated intent to inform the Council as more details become available. Firmly stated no intent to run for mayor and would only serve as acting mayor until a new mayor takes over. Expressed opinion that the move is a good one for Morse. Reiterated that negotiations are not complete, no dates are set, and any business requiring the mayor’s action would still go to Mayor Morse.
Councilor Greaney asked if Mayor Morse is conducting any business for Provincetown at the time.
President McGee stated that negotiations have not begun, and that Morse is still the Mayor of Holyoke.
Councilor Vacon suggested that orders filed to address a special election may need to be tabled, pending an update.
President McGee stated that something could be passed and sent to the state, but that it may be premature.
Councilor Lisi asked about President McGee’s role as a councilor while serving as acting mayor.
President McGee stated that would be addressed when appropriate.
Councilor Murphy noted that Boston filed a petition without a vacancy having yet happened, suggesting that orders could be handled right away.
President McGee stated that could be done but without a firm date, that action wasn’t yet necessary.
Councilor Murphy expressed appreciation to President McGee for willingness to step up.
Councilor McGiverin made a point of order that debate of agenda items should not happen during the President’s Report.
Councilor Sullivan made a motion to suspend the rules to allow Atty Barnes to address the Council on the matter. Councilor Leahy seconded the motion. All councilors voted in favor.
Atty Barnes stated that the orders are proposing a course of action only if specific events happen.
President McGee stated that the Admin had been working on a new feature on the city website to provide regular updates on the status of orders, noting it to be a desire of the Council for some time.
Admin Anderson-Burgos stated that he added a section to City Council section where the status of orders would be regularly updated as they progress through the committees. Stated he could go back as far as the council believes would be appropriate, noting he had gone back to the beginning of the year at that point.
President McGee stated that the plan is to make the feature available the next morning.
Councilor Vacon suggested that as orders become stale, they may not need to be updated. Asked about providing access to agendas and minutes going back to make it easier for people to find them.
Admin Anderson-Burgos stated that he had updated the City Council section to provide access to agendas, minutes, and videos in table form going back to the previous two years.
Councilor Leahy stated he filed an order some time back to make this happen and expressed appreciation that this was happening.
President McGee observed he had seen the feature already and noted it was good work. Stated that Anthony Soto, Acting Receiver had sent an invite for councilors to be on a graduation committee. Also noted a request for a councilor to be a part of the financial review for school department budget process. Noted having attended a meeting with Senator Velis and Jack McCarty from DOR. Had a discussion on ability to use of older plans for a new school. Stated he spoke with hospital officials regarding sale or Providence Hospital to MiraVista and filed an order for deeper discussion in DGR Committee. Stated that the Elections Commission would meet soon to discuss polling locations. Stated that the Senior Center is running a list to help assist with scheduling vaccine appointments.

REPORTS OF COMMITTEES

(1:39:35)
The Committee on Ordinance to whom was referred an order that our Engineer recommend the most effective safety measures such as; no parking here to corner signs be placed at the Vermont and Kane intersection or “no parking” be established on Vermont St. between Kane and Westfield road to enable emergency vehicles and busses turn at the intersection and to improve safety for pedestrians.  Refer to Ordinance
have considered the same and Recommended that the order has been complied with per the recommendation of the city engineer.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez

UNDER DISCUSSION:

Councilor Lisi noted it had been an order filed by Councilor Vacon. Stated that the engineer clarified that an ordinance already exists for no parking near intersections, adding that a sign was suggested.
—> Report of Committee received and recommendation adopted.

The Committee on Ordinance to whom was referred an order that the City consider establishing a policy to provide handicapped parking spots during winter reverse parking orders.  The signage would only be placed opposite current handicapped parking slots, and only be enforced during a reverse plowing period.
have considered the same and Recommended that the order has been complied with per the recommendation of the city engineer.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez

UNDER DISCUSSION:

Councilor Lisi observed that the engineer discouraged creating spaces for individuals, noting the higher priority of being able to clear snow.
Councilor Murphy observed that there are those who have difficulty in using their normal spot during reverse parking bans. Expressed intent to find another way to address a potentially serious issue for some, noting respect for the engineer’s recommendation.
—> Report of Committee received and recommendation adopted.

The Committee on Ordinance to whom was referred an order The City of Holyoke’s engineer provide a recommendation to the City Council as to whether a 4-way stop should be installed at the intersection of Hitchcock and Martin Streets. Refer to ordinance. Recommended that the order has been complied with per the recommendation of the city engineer.
UNDER DISCUSSION:
Councilor Lisi noted the order had been filed by Councilor Bartley. Observed that the engineer suggested that flashing lights are more appropriate for intersection, given traffic thresholds.
Councilor Bartley stated his respect for the engineer’s perspective, adding a likelihood of filing again in the future as he monitors the situation and continues to hear from constituents.
—> Report of Committee received and recommendation adopted.

(1:45:40)
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 “MASSDEP SMALL SCALE INITIATIVES, $1,500, NO MATCH, EXPIRES 6/30/2021,” 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 Recommended that the grant be accepted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin expressed appreciation for several councilors in attendance. Noted the grant was the second the department had received in this area, and that funds would be earmarked for textile recycling program. Added that DPW Director Mike McManus has plans for continued related projects.
—> 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 that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “NEIGHBORHOOD HUB PROGRAM, $100K, NO MATCH, 2 YEAR, ” 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 Recommended that the grant be accepted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin noted that OPED Director, Aaron Vega, was in attendance to discuss. Stated that grant is for technical assistance to older communities with older housing stock or vacant properties, hiring of consultants.
—> 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 that the amount of TWO HUNDRED THIRTY EIGHT AND 51/100 Dollars ($238.51) be authorized from the PERSONNEL Department’s POLICE/FIRE INDEMNIFICATION (19191-51999) appropriation in the fiscal year 2021 for services rendered in the fiscal year 2020 which were unencumbered at the 2020 fiscal year end.
have considered the same and Recommended that the order 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 the order is to cover expenses from a prior fiscal year, specially a health insurance related expense. Clarified that the expense would normally not require City Council passage if it was from the same fiscal year.
—> 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 that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO HUNDRED TWENTY THOUSAND AND 00/100 Dollars ($220,000) as follows:
FROM:
0430-59710 SALE OF REAL ESTATE $220,000
TOTAL: $220,000
TO:
14303-58000 TRASH-CAPITAL OUTLAY MOTOR VEHICLES $220,000
TOTAL: $220,000
have considered the same and Recommended that the transfer be approved.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated committee met twice to discuss the issue. Stated that DPW director had detailed dire condition of many vehicles in the fleet, with some out of commission and others creating a safety issue for employees. Also stated that the Fire Department Chief joined to discuss department vehicle that had been donated form G&E. Described a collaboration for a solution to purchase the needed vehicles for both departments through a bonding package. Also described a different design for recycling trucks that will compact materials, reducing the need to leave the route to unload. Noted that there was a consensus not to use stabilization funds, and that the discussion entertained lease to own as another option. Stated that interest rates, as low as 2-3%, made bonding the most attractive option. Clarified that the two items are being taken up together as the transfer for sale of real estate could reduce the amount needed for bond, adding that in the time since, it had been learned that the line item could not be used for operational costs.
Councilor Leahy noted having been firmly against use of stabilization funds, adding that the trucks are in great need for service reliability and safety concerns.
Councilor Sullivan asked for a clarification on the bonding amount, suggesting that the need appeared to be $996K when accounting for the transfer of $220K.
Councilor McGiverin stated that the bonding language is specific, describing what it can be used for and that amount put into bond is the max amount needed. Stated that if the $220K transfer is passed, it would reduce the amount the city needed to borrow. Added that if the bond is passed, funds could not bs used for anything else without City Council approval.
Councilor Sullivan asked if passed bond would allow them to use the $220K for something else. Described the bond as an excessive amount.
Councilor McGiverin stated that the $220K has limited use. Noted additional projects coming that may require bonding, including a potential middle school.
Councilor Sullivan asked why the bond request is $220K more than needed if that amount if being transferred.
Councilor McGiverin stated that the amount asked for is the max amount that can be bonded, if needed. Stated that trucks must go out for bids and fitted accordingly, adding that exact amounts will change. Stated that when committee met, recommendation was to use remaining in real estate account for snow removal before it was known that it could not be used for that.
President McGee clarified that the amount asked for is for all of the trucks needed, which would cover the amount if the transfer from sale of real estate didn’t get approved.
Councilor Sullivan stated he understands but intended to point out that approval of both would be giving department $1.436 million.
President McGee clarified that the bond is $1.2mil, and that the approval of the transfer would reduce the bond. Noted the rules prevent amending financial orders on the floor.
Councilor Greaney stated his intent to support the bond. Noted the advice that this is the ideal time to borrow.
Councilor Tallman noted that all councilors had reservations about use of stabilization funds. Noted that it could be 6-7 months to receive the trucks. Expressed his support for the transfer and for the bond.
Councilor Vacon asked to clarify that the bonding includes the trash truck referred to in item 27D.
President McGee confirmed.
Councilor Vacon stated her understanding that if it is approved, the real estate money can be used to pay down the debt. Noted that the real estate money can be used to apply to debt extended for 5 or more years. Asked if the vote for the $220 transfers passed, it would be used for the bonding amount, for clarity.
President McGee stated that it would be.
Councilor Bartley clarified that a rule was passed for this kind of circumstance, to prevent using bond money for unapproved purposes. Observed the email from Cinder McNerney suggesting that now is the time to bond. Stated that orders to use stabilization funds was not thought out. Added that there were several options available, noting that additional funds would be going into sale of real estate account form the sale of the former Geriatric Authority property. Observed hearing that department heads had not known there were additional options for funding. Commended City Auditor for providing the information that helped inform the decisions made by the committee.
—> 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.

Motion was made and seconded to suspend the necessary rules and take item 45 out of order:

MCGIVERIN Ordered, that Ordered that the sum of $1,216,500 is appropriated to pay the costs of Department of Public Works and Fire Department vehicles (1 Trash Truck, 2 Recycling Trucks, 1 Forestry Truck, 1 Alarm Division Bucket Truck) and the payment of all costs incidental and related hereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore; that the Mayor is authorized to contract for and expend any state aid available for the project; and that the Mayor is authorized to take any other action necessary to carry out this project.

Further Ordered: That any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44,. Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

Further Ordered: That the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any and all of the bonds or notes authorized to be issued pursuant to this Order, and to provide such information and execute such documents as may be required for such purposes.

Further Ordered: That in order to reduce interest costs, the City Treasurer, with the approval of the Mayor, is authorized to refinance any bonds issued pursuant to this Order and in connection therewith, to issue refunding bonds in accordance with Chapter 44, Section 21A of the General Laws.

Further Ordered: That there shall be no change in the purpose of this bond authorization without prior vote of approval by the Holyoke City Council.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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.

Motion was made and seconded to suspend the necessary rules and take items 27E, 27G, 27I, 27J as a package

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THREE HUNDRED THIRTY THOUSAND AND 00/100 Dollars ($330,000) as follows:
FROM:
8810-59710 STABILIZATION $330,000
TOTAL: $330,000
TO:
14303-58000 TRASH- CAPITAL OUTLAY VEHICLES $330,000
TOTAL: $330,000
have considered the same and Recommended that the transfer be denied, with a further recommendation that the mayor work with the Fire Chief, the DPW director, and the City Auditor to put together a bonding package to cover the costs of the requested equipment. .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

—> 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 Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, ONE HUNDRED SIXTY THOUSAND AND 00/100 Dollars ($160,000) as follows:
FROM:
8810-59710 STABILIZATION $160,000
TOTAL: $160,000
TO:
12203-58000 FIRE DEPT. -CAPITAL OUTLAY VEHICLES $160,000
TOTAL: $160,000
have considered the same and Recommended that the transfer be denied, with a further recommendation that the mayor work with the Fire Chief, the DPW director, and the City Auditor to put together a bonding package to cover the costs of the requested equipment.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

—> 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 Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, ONE HUNDRED THOUSAND AND 00/100 Dollars ($100,000) as follows:
FROM:
8810-59710 STABILIZATION $100,000
TOTAL: $100,000
TO:
14252-53100 SNOW REMOVAL SERVICES $100,000
TOTAL: $100,000
have considered the same and Recommended that the transfer be denied, with a further recommendation that the transfer come from the sale of real estate line item.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that discussion about stabilization carried into snow removal costs, noting cost per storm, materials needed. Reiterated that it has been learned that sale of real estate funds could not be used for snow removal. Suggested that although the committee recommended denying this transfer, it should actually be approved in light of what was learned in the time since. Observed that snow removal account is down to $8K, noting the need.
Councilor Vacon observed that McManus described funds in another account which had been planned for lease purchase, suggesting that those funds be transferred for snow removal before asking for funds from stabilization.
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY SEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($37,750) as follows:
FROM:
12942-53010 CONTRACT FORESTRY SERVICES $35,000
14301-51106 WASTE RECYCLE COORDINATOR 2,750
TOTAL: $37,750
TO:
12942-53001 FORESTRY VEHICLE LEASE $37,750
TOTAL: $37,750
have considered the same and Recommended that the transfer be denied, with a further recommendation that the mayor work with the Fire Chief, the DPW director, and the City Auditor to put together a bonding package to cover the costs of the requested equipment . .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin noted these were orders to recommend use of stabilization funds, adding that bonding will be used instead. Expressed appreciation for the collaboration of committee, non-committee members as well as department heads.
—> 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 Finance to whom was referred an order that the superintendent of the DPW appear before the DG&R committee to try to develop a better communication system notifying residents that their trash/recycling won’t be picked up because of a snow storm.  In addition, the discussion should include trying to find a way to get back to the pick up for those residents within a shorter time period.  When considering recycling pickup, a cancellation rather than a postponement means they have almost one month’s of materials to store.   Would this be an area where working with ROCA might be able to more quickly recover these services after the storm?
have considered the same and Recommended that the order has been complied with.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin expressed appreciation to the DGR Committee for allowing the order to go to Finance, noting its help in advancing the discussion on the need for new trucks. Referencing the second half of the order, noted that much was learned about several employees being out of work, adding that the department has had to juggle their limited manpower and also planned to hire temps.
Councilor Murphy stated that progress had been made, adding that more is needed to get caught up. Noted that many residents are not getting communications, and encouraged members press to publish schedules coming out of DPW to help inform residents of when their trash and recycling would be picked up. Shared the most recent communication that had come out. Encouraged mayor to work with DPW and potentially Roca to make sure department is able to catch up, adding that notices need more timely release. Suggested talking to other communities to borrow vehicles. Emphasized more effort needed to solve the issue.
Councilor Anderson-Burgos stated he had engaged in many conversations with Mike McManus. Observed having received many emails and calls from constituents. Stated understanding that a contract with a temp agency had been signed. Observed the amount required to repair vehicles on old vehicles. Expressed appreciation for the work done to approve the bond.
Councilor Lisi clarified that Roca does not want their employees working on the trucks. Noted that the union contract allows up to four temps that the department had been using two. Suggested researching agreements with neighboring communities to use vehicles and/or manpower. Noted that the expectation is to be caught up the following week.
Councilor Murphy expressed a need to anticipate issues ahead of time, particularly issues that could be expected regularly. Emphasized that issues can’t go several weeks before being solved.
Councilor Vacon observed that the standard practice with employees testing positive and those who may have been exposed need to be out for 14 days to assure there are not additional positive results. Expressed that many circumstantial issues are not likely to be repeated. Also suggested that many candidates for office could engage in neighborhood cleanups.
Councilor McGiverin stated he asked about investigations into workman’s comp claims, learning that there is a company that assists the department with assuring all claims are honest.
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THREE HUNDRED THIRTY THOUSAND AND 00/100 Dollars ($330,000) as follows:
FROM:
0430-59710 SALE OF REAL ESTATE $48,026
8810-59710 STABILIZATION 281,974
TOTAL: $330,000
TO:
14303-58000 TRASH – CAPITAL OUTLAY VEHICLES $330,000
TOTAL: $330,000
have considered the same and Recommended that the transfer be denied, with a further recommendation that the mayor work with the Fire Chief, the DPW director, and the City Auditor to put together a bonding package to cover the costs of the requested equipment.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

(2:43:50)
Motion was made and seconded to suspend the necessary rules and take items 29A-29E as a package

The Committee on Public Service to whom was referred an order appointing Dr. John A. Perdrizet to serve as a member of the Conservation Commission for the City of Holyoke for a term expiring February 1, 2023.
have considered the same and Recommended that the order has been complied with. .

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi

UNDER DISCUSSION:

Councilor Leahy expressed that all were strong candidates with good resumes, adding appreciation to Mayor Morse for putting up good people up for the boards. Described the backgrounds of various candidates. Noted Dr. Perdrizet runs an animal hospital who is well education, specializing in larger breed animals. Recalled discussion on effort to work with neighbors in opening the business. Recalled that Dr. Marcotte could not attend the meeting but had a conversation with her. Noted her service on several boards. Recalled Mr. Lefebvre was a former employee of the library, noting his interest in advocating for library employees a member of the board. Recalled Mr. Purcell’s service and dedication to veterans. Noted his efforts to initiate various events at the War Memorial. Recalled Ms. Plummer’s background in data management. Noted her interest in getting more involved, adding the library board is a good fit.
—> Report of Committee received and recommendation adopted.

The Committee on Public Service to whom was referred an order appointing Dr. Stephanie N. Marcotte to serve as a member of the Library Board of Directors for the City of Holyoke for a term expiring in February 2024.
have considered the same and Recommended that the order has been complied with.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi

—> Report of Committee received and recommendation adopted.

The Committee on Public Service to whom was referred an order appointing Mr. Jason Lefebvre to serve as a member of the Library Board of Directors for the City of Holyoke for a term expiring in February 2023.
have considered the same and Recomended that the order has been complied with.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi

—> Report of Committee received and recommendation adopted.

The Committee on Public Service to whom was referred an order appointing Mr. Richard Purcell to serve as Commissioner of the Soldier’s Memorial for the City of Holyoke for a term expiring September 30, 2023.
have considered the same and Recommended that the order has been complied with.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi

—> Report of Committee received and recommendation adopted.

The Committee on Public Service to whom was referred an order appointing Ms. Joan Plummer to serve a member of the Library Board of Directors for the City of Holyoke for a term expiring in February 2022.
have considered the same and Recommended that the order has been complied with.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi

—> Report of Committee received and recommendation adopted.

 

The Committee on Development and Governmental Relations to whom was referred an order that the City Council adopt a similar resolution to that of the attached from Springfield. The committee should invite Councilor Adam Gomez and Melissa Mark Veverito to our next committee meeting for a discussion.
have considered the same and Recommended that the resolution has been passed.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez

UNDER DISCUSSION:

Councilor Bartley expressed gratitude to State Senator Gomez for his contributions. Stated that resolution is a statement in support of Puerto Rico determining their future, noted the history and good information in the order. Confirmed there was a Holyoke-centric version of the resolution approved.
—> Report of Committee received and recommendation adopted.

(2:50:55)
The Committee on Development and Governmental Relations to whom was referred an order that the DGR 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.
have considered the same and Recommended that the order has been complied with.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez

UNDER DISCUSSION:

Councilor Bartley stated that the order had been taken up once before and tabled for more information. Recalled there had been concerns about the accuracy of the interpretation. Noted the goal was to assure Spanish speaking Holyokers have access to live meetings. Stated that plan would be to begin with City Council meetings, adding that the cost would be covered by Comcast subscriber fees. Stated that Scott with Holyoke Media had provided a cost breakdown and that the mayor approved of the expense. Stated that Scot MacPherson would contact City Council President to discuss who would handle the interpretation, adding an expectation that their work would be regularly reviewed.
Councilor Bartley made a motion to suspend the rules to take up Late File A. Councilor Tallman seconded the motion. All councilors voted in favor.
From Holyoke Media – Breakdown of the expenses related to providing interpretation of City Council meetings.
Councilor McGiverin questioned if it is clear that the entire cost would come from Holyoke Media. Stated a need for an agreement and to assure costs are covered outside of the city budget. Noted that interpretation is not just what is said but how it is said, adding a need to assure that those performing the work will have professional standards without political bias. Stated a need to understand who will do the work and who makes that decision.
Councilor Murphy noted the mayor’s approval of use of funds, adding that if an agreement is necessary, mayor should handle that. Stated that interpreters are professionals working through the language access program at the schools. Expressed that once mayor and council finalizes an agreement, this should move forward. Noted that translation is not happening at the time, and if issues come up, they can be addressed. Emphasized the impact of outreach to more members of the community.
Councilor Vacon suggested that a request could be forwarded to the mayor in order for an agreement to be entered into. Noted a need to assure no expense to the city and verify the credentials of those who would do the work.
Councilor Hernandez expressed that interpretation is long overdue, adding it would allow more of the community to be well informed and engaged in the decisions.
Councilor Lisi observed a similar order had been filed many times. Expressed that suggestion for cost assurances and credentials is a good idea, adding a need for a written contract.
Councilor Bartley suggested a condition to move forward subject to the approval of the Council President. Stated that agendas should be translated as well.
Councilor Tallman noted that good points had been made, and that the mayor should be asked to enter into a contract.
Councilor Leahy observed that the effort had been discussed for years, adding that the additional feature for the Zoom account would give the Admin for control over participants in the meetings.
Councilor McGiverin reiterated support for the effort, adding an extra concern over the mayor controlling how Council meetings are interpreted. Emphasized need for City Council to be in control of how the body is heard. Called for order to be sent back to committee.
Councilor Lebron-Martinez noted the topic had been a focus of discussion for many years. Recalled an issue with school’s not providing translation, adding lack of fairness in some having access and not others. Offered a reminder that people without access are voters who deserve to know what is happening.
Councilor Vacon made a motion to request the mayor to enter into agreement to ensure the costs are covered, as well as assuring that the City Council chooses the interpreter. Councilor Murphy seconded the motion.
Councilor Greaney expressed having the same idea as Councilor Vacon, adding a need for City Council control.
Councilor Leahy expressed support for Councilor McGiverin’s suggestion to refer back to committee.
Councilor McGiverin made a motion to refer the order back to the Development and Governmental Relations Committee. Councilor Leahy seconded the motion.
President McGee asked for clarification on how the body would like to proceed in terms of which motion to take up.
Councilor McGiverin stated support for the Councilor Vacon’s amendment, noting the language takes the effort in the right direction.
President McGee read the amendment:
“at the end of 48 hours of actual meeting, that they mayor enter into a contract with Holyoke Media, with no cost to the city, and that the City Council approve the interpreters.”
Motion for the amendment passed.
Motion to send back to committee failed.
Councilor Lisi made a motion to table in order to work on the other suggestions as separate orders. Councilor Vacon seconded the motion. Motion failed on a show of hands vote.
Councilor Lebron-Martinez stated she had to step away for a moment and asked for clarification of steps from the last few minutes.
President McGee noted that the amendment had passed, the motion to refer back to committee failed, and the motion to table failed.
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

(3:22:30)
MURPHY Ordered, that Ordered, that as the city considers purchasing any replacement vehicles it reach out to the state to see if the city could be eligible for significant rebates off the purchase price of electric vehicles.  The MOR-EV program offers rebates to private as well as public entities for purchasing electric vehicles now including trucks.
In addition, that the city look into the Massachusetts Green Communities grant program which provides funding to assist with the installation of EV charging infrastructure.
—> Received and referred to the Finance Committee.

SULLIVAN Ordered, that Ordered that, in accordance with Mass. Gen. Laws ch. 59, sec. 38H, the City Council approve and ratify an agreement between the City of Holyoke and Holyoke BESS, LLC for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations for the property located across from 50 Water Street. (parcels 049-01-008 and 049-01-009)
—> Received and referred to the Finance Committee.

Motion was made and seconded to suspend the necessary rules to take items 36, 37, 39, 55 as a package.

SULLIVAN Ordered, that The City of Holyoke, through its Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Court to enact legislation to amend the requirement for special election upon mayoral vacancy in the year 2021 in the City of Holyoke, and that said legislation be entitled:

AN ACT RELATIVE TO THE OFFICE OF MAYOR IN THE CITY OF HOLYOKE
And that said act read as follows:
SECTION 1. Not withstanding any general or special law to the contrary, if a vacancy in the office of mayor of Holyoke occurs at any time in the year two thousand and twenty-one, the vacancy shall not be filled by a special municipal election and shall instead be filled according to the provision of Section 28 of Chapter 189 of the Acts of 1992, which states that “Whenever there shall be a vacancy in the office of mayor the president of the city council shall act as mayor, and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the city council.”
SECTION 2: This act shall take effect upon its passage.
—> Received and referred to the Charter and Rules Committee.

SULLIVAN Ordered, that Resolution for Home Rule Petition see attached.
—> Received and referred to the Charter and Rules Committee.

VACON Ordered, that According to section 6 of the city charter the City Council calls for a special election upon the vacancy by Mayor Morse from his position of Mayor.
Language taken from the charter:…
if the person elected mayor shall refuse to accept the office, or shall die before qualifying, or if a vacancy in said office shall occur more than six months previous to the expiration of the municipal year, the city council shall forthwith call meetings for a new election, and the same proceedings shall be had in all respects as hereinbefore provided for the election of a mayor,….
—> Received and referred to the Charter and Rules Committee.

MCGIVERIN Ordered, that The City of Holyoke, through its Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Court to enact legislation to amend the requirement for special election upon mayoral vacancy in the year 2021 in the City of Holyoke, and that said legislation be entitled:
AN ACT RELATIVE TO THE OFFICE OF MAYOR IN THE CITY OF HOLYOKE
And that said act read as follows:
SECTION 1. Not withstanding any general or special law to the contrary, if a vacancy in the office of mayor of Holyoke occurs at any time in the year two thousand and twenty-one, the vacancy shall not be filled by a special municipal election and shall instead be filled according to the provision of Section 28 of Chapter 189 of the Acts of 1992, which states that “Whenever there shall be a vacancy in the office of mayor the president of the city council shall act as mayor, and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the city council.”
SECTION 2: This act shall take effect upon its passage.

UNDER DISCUSSION:

Councilor Sullivan made a motion to receive and adopt items 36 and 37. Councilor Murphy seconded the motion.

Councilor Sullivan noted that an election would be coming in the fall, adding that a special election would cost the city $100K on top of still being in a pandemic. Observed having spoken with Rep Duffy and Senator Velis on expediting these orders, adding that Boston and Lawrence had already undertaken similar orders. Emphasized that sending to committee would delay the process, adding that the legislature acting on them would add extra time.
Councilor Vacon clarified that filing item 39 was a result of looking to charter language. Noted learning in the time since that the Council has a method for pursuing a course of action outside of the Charter, adding that approval can be sought prior to knowing the date. Stated support for the orders seeking to petition the state legislature.
Councilor McGiverin expressed agreement with the previous comments, adding that sending to committee would allow two issues to be addressed: adding a provision state that the winner of the November election would take over immediately after the appeal period, and to include language clarifying the status of the City Council President as a city councilor while filling the role of Acting Mayor. Observed that many state laws on the matter had changed in the time since Holyoke last needed to fill a mayoral vacancy with the City Council President.
Councilor Lisi expressed having heard from constituents in support of skipping a special election. Observed that a special election would likely be in early summer, noting it may not be a time when people would be paying attention.
Councilor Sullivan expressed willingness to amend language in order to include the language suggested by Councilor McGiverin. Observed that much time exists to address the suggestion that the new mayor take over earlier than the usual January date.
Councilor McGiverin expressed a need for more time to work with the City Solicitor to clarify the exact wording for the amendment.
Councilor Tallman expressed agreement with Councilor McGiverin, noting there is time to clarify the proper wording and send the language to the state legislature.
Councilor Sullivan stated that the time frame is not known, adding that notification could come any day.
Councilor Vacon made a motion to suspend the rules to allow Atty Barnes to address the Council. Councilor Leahy seconded the motion. All councilors voted in favor.
Atty Barnes expressed that research had begun almost immediately after the announcement was made. Stated that Charter would be the guide, but that the petition language could inform the state of exactly how the city would like to proceed. Emphasized that the language sent to the state legislature should be explicit. Discouraged amending on the floor.
Councilor Murphy asked what would happen if the orders were sent to committee and the mayor resigned before the orders are acted on. Asked if the Charter becomes the guide, or if the special legislation can still be passed. Also asked if the special election is to be set 120 days from resignation.
Clerk McGee stated that City Council sets the date for a special election, adding that the Charter specifies that nomination papers have to be submitted eight weeks prior to the preliminary election and that the preliminary election has to be eight weeks prior to the special election.
Councilor McGiverin asked for a clarification on an appeal period after an election.
Clerk McGee asked for clarification on the question.
Councilor McGiverin asked about the time period for recounts or appeals.
Clerk McGee stated she would have to follow up.
Councilor Murphy asked if city is bound to the Charter’s language if the orders are referred to committee and the mayor resigns before they are acted upon.
Atty Barnes stated that the process would begin, but there would be time to send legislation to the state, adding that the City Council President would become Acting Mayor. Stated that the state likely would not take a long time to act, given that other communities had already requested similar legislation.
—> Received and referred to the Charter and Rules Committee.

VACON Ordered, that In the interest of those we serve, each department head including appointed and elected, post the schedule of days and hours they are currently present in City Hall or their official offices, until such time as City Hall is open.
—> Received and adopted.
*Returned with no signature from the Mayor.

BARTLEY Ordered, that The DPW superintendent send a communication to City council for its 3/16/21 meeting to provide a schedule or an estimated timetable for: paving projects, patching potholes, striping lines for roads and striping lines for parking spaces, the operation hours & days of the week for bulk waste drop-off and operation hours & days of week for yard waste (Berkshire St.). This was discussed at Finance on 2/24/21. Refer to DPW with a copy to Public Safety.
—> Received and referred to the Public Safety Committee.

BARTLEY Ordered, that The DPW and/or ROCA coordinate cleanup behind Fitzpatrick Ice Rink. In coordination with former at-large councilor Dan Bresnahan, the rink’s manager is offering to help as I received the following email: “Once the snow is gone, we will be cleaning up the trash as best as we can near the rink. If the City can clean up the top of the hill that would be great.” Refer to DPW with copy to Public Safety
—> Received and adopted. Referred to the DPW. Copy to Public Safety.

LISI Ordered, that a resident only/permit parking area be created in front on 45-52 Canal St. (from Center St. to North East St.). Residents have a hard time dealing with parking bans as both odd and even numbers occupy the same side of the street.
—> Received and referred to the Ordinance Committee.

LISI Ordered, that the City Council vote to place the following question on the ballot as a binding referendum: “Should the City Treasurer be changed from an elected position to an appointed position that combines the  duties of Treasurer and Tax Collector?”
—> Received and referred to the Charter and Rules Committee.

MCGEE Ordered, that That a handicap sign be placed in front of 6 Highland Ave. for Victor Goulding.
—> Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules and take items 46, 51, 52, 53, 54, 56, 57 as a package

MCGIVERIN Ordered, that Ordered that the sum of $140,000 is appropriated to pay the costs of Holyoke Police Department vehicles (4 Police Cruisers) and the payment of all costs incidental and related hereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore; that the Mayor is authorized to contract for and expend any state aid available for the project; and that the Mayor is authorized to take any other action necessary to carry out this project.

Further Ordered: That any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44,. Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

Further Ordered: That the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any and all of the bonds or notes authorized to be issued pursuant to this Order, and to provide such information and execute such documents as may be required for such purposes.

Further Ordered: That in order to reduce interest costs, the City Treasurer, with the approval of the Mayor, is authorized to refinance any bonds issued pursuant to this Order and in connection therewith, to issue refunding bonds in accordance with Chapter 44, Section 21A of the General Laws.

Further Ordered: That there shall be no change in the purpose of this bond authorization without prior vote of approval by the Holyoke City Council.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, THIRTY FIVE THOUSAND AND 00/100 Dollars ($35,000) as follows:

FROM:
14801-51101 PARKING CONTROL OFFICER $30,494
14301-51106 WASTE RECYCLE COORDINATOR 4,506
TOTAL: $35,000
TO:
14302-52410 REFUSE R&M VEHICLES $30,000
16502-52410 PARKS R&M VEHICLES 5,000
TOTAL: $35,000

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, EIGHT HUNDRED FIFTEEN AND 00/100 Dollars ($815) as follows:

FROM:
60402-54200 OFFICE & PROFESSIONAL SUPPLIES $815
TOTAL: $815
TO:
60401-51300 OVERTIME $815
TOTAL: $815

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, TEN THOUSAND AND 00/100 Dollars ($10,000) as follows:

FROM:
14301-51102 REFUSE HMEO $10,000
TOTAL: $10,000
TO:
14302-53100 OTHER SERVICES-TEMPORARY/SEASONAL $10,000
TOTAL: $10,000

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, THIRTY SEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($37,750) as follows:

FROM:
12942-53010 CONTRACT FORESTRY SERVICES $35,000
14301-51106 SNOW REMOVAL SERVICES 2,720
TOTAL: $37,750
TO:
14252-53100 SNOW REMOVAL SERVICES $37,750
TOTAL: $37,750

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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

MCGIVERIN Ordered, that the amount of THREE THOUSAND EIGHT HUNDRED TWENTY FIVE AND 00/100 Dollars ($3,825) be authorized from the COMPUTER SYSTEMS Department’s SYSTEMS-SOFTWARE LICENSE/USAGE FEES (11552-53100) appropriation in fiscal year 2021 for services rendered in fiscal year 2020 which were unencumbered at the 2020 fiscal year end.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, ELEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($11,750) as follows:

FROM:
14251-51106 HIGHWAYS & BRIDGES DEMO WORKER $11,750
TOTAL: $11,750
TO:
14261-51300 AUTO EQUIPMENT MAINTENANCE OVERTIME $11,750
TOTAL: $11,750

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, FOUR THOUSAND ONE HUNDRED EIGHTY SIX AND 36/100 Dollars ($4,186.36) as follows:

FROM:
12201-51105 FIREFIGHTER $4,186.36
TOTAL: $4,186.36
TO:
12201-51180 INJURED ON DUTY $4,186.36
TOTAL: $4,186.36

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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.
Approved by the Mayor

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTEEN THOUSAND SEVEN HUNDRED NINETY TWO AND 49/100 Dollars ($13,792.49) as follows:

FROM:
12101-51104 LIEUTENANTS $3,807.08
12101-51107 PATROLMEN 9,985.41
TOTAL: $13,792.49
TO:
12101-51180 INURED ON DUTY $13,792.49
TOTAL: $13,792.49

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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.
Approved by the Mayor

 

LATE FILED ORDERS & COMMUNICATIONS

Communication from Holyoke Media providing listing of cost associated with providing simultaneous interpretation of City Council meetings.
—> Received.

Petition for Pole and Wire Locations , The Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:
* Relocate one (1) 40′ pole on dead end of Pleasant St. Holyoke, MA.
—> Received and laid on the table.

Petition for Pole and Wire Locations , The Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:
* One (1) 40′ Class II poles on between 340 & 346 Pleasant St. Holyoke, MA
—> Received and laid on the table.

Petition for Pole and Wire Locations , The Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:
* (1) 40′ pole in front of 20 Pleasant St. Holyoke, MA
—> Received and laid on the table.

Petition for Pole and Wire Locations , The Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:
* (1) 40′ pole in front of 12 Pleasant St. Holyoke, MA
—> Received and laid on the table.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, FOUR THOUSAND SIX HUNDRED EIGHTY TWO AND 00/100 Dollars ($4,682) as follows:
FROM:
14251-51106 HIGHWAYS & BRIDGES DEMO WORKER $4,682
TOTAL: $4,682
TO:
14101-51500 ENGINEERING VACATION BUYBACK $3,232
14301-51830 REFUSE/RECYCLING LONGEVITY 1,450
TOTAL: $4,682

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, FIVE THOUSAND ONE HUNDRED NINETY SIX AND 00/100 Dollars ($5,196) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,196
TOTAL: $5,196
TO:
11511-51101 CITY SOLICITOR $5,196
TOTAL: $5,196

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, FIVE THOUSAND NINE HUNDRED FIFTY SEVEN AND 00/100 Dollars ($5,957) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,957
TOTAL: $5,957
TO:
11511-51101 CITY SOLICITOR $5,957
TOTAL: $5,957

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, FIVE THOUSAND SEVEN HUNDRED THIRTY THREE AND 00/100 Dollars ($5,733) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,733
TOTAL: $5,733
TO:
11511-51101 CITY SOLICITOR $5,733
TOTAL: $5,733

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

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, NINETEEN THOUSAND SEVEN HUNDRED FIFTY FIVE AND 00/100 Dollars ($19,755) as follows:
To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 2, 2021.

Alex B Morse, Mayor
Atty Barnes: clarified that since the Auditor cannot pay for acting out of grade without an official appointment, adding that the appointment letter was necessary. Noted that as the previous solicitor resigned, the ordinance would have appointed her as she was the most senior employee in the department.
—> Received and referred to the Finance Committee.

From Mayor Alex Morse, letter appointing Katerin Jackowski as Acting Treasurer
—> Received and referred to the Public Service Committee.

From Mayor Alex Morse, letter appointing Deb Haslam Acting Tax Collector
—> Received and referred to the Public Service Committee.

From Mayor Alex Morse, letter appointing Att. Crystal Barnes as Acting City Solicitor
—> Received and referred to the Finance Committee.

MCGEE Ordered, that That the DGR Committee invite in Jim Welch and the CEO of Mira Vista to discuss the Providence Hospital.
—> Received and referred to the Development and Governmental Relations Committee.

LISI, McGee Ordered, that That the Ordinance Committee review and potentially amend the residency requirements per the Personnel Directors letter.
—> Received and referred to the Ordinance Committee.

 

Adjourn at 11:14 PM.
A true record
ATTEST:

______________________________
City Clerk