Holyoke City Council Meeting April 2, 2019

REGULAR MEETING OF THE CITY COUNCIL
April 2,2019

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

The Clerk called the roll. Absent members: 1 (Valentin) Present Members 12 (Anderson-Burgos, Bartley, Bresnahan, Leahy, Lebron-Martinez, Lisi, McGee, McGiverin, Roman, Sullivan, Tallman, Vacon, Valentin) .

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

PUBLIC HEARING

Petition for Joint or Identical Pole Location Verizon New England, Inc. and Holyoke Gas & Electric Department, request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways:
Northampton Street: Relocate one (1) jointly owned pole numbered T.287/E.244 to a point on the easterly side of Northampton Street approximately one hundred seventy-two (172) feet southerly from the center line of Shawmut Avenue.
Reason: Relocate one (1) jointly owned pole on Northampton Street to accommodate and electric company upgrade; and to provide for the distribution of intelligence and telecommunications and for the transmission of high and low voltage electric current.
Public hearing was opened by voice vote: It was noted that there were not representatives present for the applicant to speak on the public hearing.
—> Received and referred to the Development and Governmental Relations Committee.

LAID ON THE TABLE

The Committee on Charter and Rules to whom was referred a Resident’s petition in support of a non-binding ballot question as to whether HG&E should offer fiber optic internet for purchase by residents. Petition also implores HG&E to conduct a feasibility study for a gradual rollout. Recommend that the non-binding ballot question be approved as amended”
Non-Binding public opinion advisory question
Should the Holyoke Gas and Electric conduct a feasibility study on a gradual roll out of fiber optic internet for residents of the City to purchase, and the findings be presented at a City Council meeting by April 2022 or sooner?
Under discussion:
Councilor Murphy spoke and read into the record the exact language that was suggested by the Law Department. Motion was made and seconded to place the question as proposed by the Law Dep. on the next election ballot. Councilor Lisi spoke and thanked the Law Dept. for putting together the language. Motion was made and seconded to amend the language to say “Should the Holyoke Gas and Electric conduct a feasibility study on the gradual roll-out of fiber optic internet for residents of the City to purchase, and present the findings to the public to a City Council meeting by April 2022 or sooner”. Councilor Bartley said that he wished the language was on the agenda and in front of Councilors. Councilor Bartley stated the would like to see some verbiage that would include the estimated cost on the question as well. It was noted that the price of the Holyoke Gas and Electric going forward with a feasibility study would be encumbered by the rate payers of HG&E and not tax payers. Motion was made and seconded to table Item 2: Motion failed for lack of a majority.
—> In City Council, the report of committee was received and adopted on a call of the roll of the yeas and nays –Yeas 7–Nays 4(Bartley, Bresnahan, Sullivan, Vacon)–Absent 1 (Valentin). Councilor Leahy did not vote or participate in discussion on this item.
Approved by the Mayor.

PUBLIC COMMENT
Laura Clampitt spoke and thanked the City Council for supporting the non-binding ballot question in Item 2 of the agenda.

Ken Lefebvre also thanked the City Council for voting in favor of the ballot question contained in Item two and gave some additional facts about making fiber optic internet available for residential purchase.

COMMUNICATIONS

From Brenna Murphy McGee, MMC letter re: Non-Binding Ballot Question.
—> Received.

From Brenna Murphy McGee, MMC minutes of March 19, 2019.
—> Received.

From Board of Commission minutes of February 20, 2019.
—> Received.

Invitation to attend the Sikh Flag Ceremony on April 13, 2019.
—> Received.

PETITIONS

Petition of Life Essence, Inc. for a new Special permit for Marijuana Manufacturing Establishment (MME) at 56 Canal St.
—> Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules and take items 8-11 as a package
Petition for a renewal of a home occupation for Karen Spear at 778 Homestead Ave, for a Nail Salon
Under discussion:
It was noted that each of the Items were license renewals. Councilor McGee confirmed that each renewal was up to date on all municipal taxes and fees:
—> Received and adopted.
Approved by the mayor.

Petition of Goodwill Industries of the Pioneer Valley, Inc. for a renewal of a second hand license at 235 South St.
—> Received and adopted.
Approved by the mayor.

Petition of Diego Munoz Torres for a renewal of a Second Hand License at 247 Main St.
—> Received and adopted.
Approved by the mayor.

Petition of Mimi Mai for a renewal of a Second Hand License at 326 Appleton St.
—> Received and adopted.
Approved by the mayor.

President’s Report: Councilor McGee welcomed Councilor McGiverin back in the chambers after a brief absence. Councilor McGee also noted that Councilor Valentin had called him and stated that she was feeling ill and was unable to attend the meeting. Councilors spoke on various community events that would be taking place in the upcoming week including an informational meeting about the prospect of two new schools that would be held April 10th and a youth job fair that would be taking place at the War Memorial.

REPORTS OF COMMITTEES

Motion was made and seconded to remove an item from the Finance Committee: It was noted that the Item was a financial transfer request of $100,000 from Land Takings & Easements to Special Council Services, Claims, and Litigation. It was noted by Councilor McGiverin that he has spoken with the Law Dept. and that this transfer would allow the Dept. to pay some old bills that are outstanding. It was noted that funds were for special counsel that has helped the City with current litigation that the City is involved with. It was noted that the City Solicitor was present to give information on the financial transfer. It was noted that bills included sheriff bills, mediation, arbitration, and outside counsel bills. Atty. Barnes stated that his had been taken up at a previous Finance meeting and that information was given at that meeting. Atty. Barnes also gave out summary of other bills that are outstanding and efforts the office has made to pay them or to keep the bills and expenditures to a minimum. Councilor Bartley asked what cases Atty. Emma was working on the for the City and Atty. Barnes gave the cases that Atty. Emma was currently working on for the City. Councilors discussed where the Land Takings and Easements line item would be found in the budget. After discussion a motion was made and seconded to refer the order to the Finance Committee: Motion passed by voice vote.

The Committee on Public Safety to whom was referred an order that the Building Commissioner along with the Board of Health Commissioner come in front of the Public Safety subcommittee to discuss the City Hall Annex.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
Under discussion:
Councilor Bresnahan spoke on the order and stated that the Public Safety Committee had members of the BOH and DPW Director Mike McManus in to provide information at the meeting. It was noted that the order was in reference to the state of the City Hall Annex building particularly after there was a water pipe burst that had caused significant damage to the building. Councilor Bresnahan gave the status report gleaned from committee discussion. Councilor Leahy spoke and stated that he filed the order because he has concern for the employees that work in the annex and wanted to make sure that it is safe. Councilor Sullivan spoke on the need to maintain the building, stating that the building will not last if it is not maintained.
—> Report of Committee received and recommendation adopted.

Motion was made and seconded to suspend the necessary rules and take item 22 out of order
SULLIVAN, Lebron-Martinez Ordered, that THAT THE HONORABLE CITY COUNCIL APPROVE THE RECOMMENDATION OF THE COMMUNITY PRESERVATION ACT COMMITTEE AND AWARD A GRANT IN THE AMOUNT OF $100,000 TO THE MASSACHUSETTS FESTIVAL OF THE ARTS (MIFA).  FUNDS ARE TO BE USED TO RESTORE 63 HISTORIC LIGHT FIXTURES AT THE VICTORY THEATER.  FUNDS WILL ALSO PROVIDE THE LOCAL COMMITMENT NECESSARY TO HELP LEVERAGE THE REST OF THE FUNDS NEEDED TO COMPLETE THE THEATERS RESTORATION.
Under discussion:
Councilor Sullivan spoke and gave some information noting that the order represents the recommendation of the Community Preservation Act. Committee that passed by a 3-2 vote to award $100,000 to the Massachusetts International Festival of Arts to restore 63 historic light fixtures at the Victory Theater. It was also noted that it was the opinion of the CPAC that the funds would show the local commitment to the project and allow for future funds to be leveraged for the theater’s restoration.
Mr. Kip Foley spoke as a member of the CPAC and stated that he was present to be able to answer any questions the Council may have. It was noted by Mr. Foley that funds would be dispersed is reimbursements and that the company would need to spend money have invoices that would need to be approved. It was noted that the money is not like some lump sum grant that gives MIFA carte blanche to spend the money any way they would like. It was noted that they pay expenses and then submit invoices. CPA It was noted money is not handed out as grants and that there are contingences that have checks and balances as to how money is spent. It was noted that MIFA has raised 29 million dollars which is an estimated 64% of what is needed for the full restoration and use of the VT building. Councilors stated that they were supportive of the project and the checks and balances built into the spending of CPAC money.
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Valentin).
Approved by the Mayor.

The Committee on Public Safety to whom was referred an order The Mayor provide an update to City Council by its second meeting in February on findings and recommendations of the Mayor’s task force to combat panhandling.  The following is the Mayor’s press release from August 2017:  “We had an initial meeting of a task force two weeks ago that included local and regional stakeholders to address this issue. It included the board of health, DPW, police chief, Councilor Lisi, staff from tapestry health, providence ministries, and the director of community housing for the region. We want to address root causes including homelessness and substance abuse, and work on a case by case basis to ensure the barriers faced by individuals are addressed by the appropriate partner in our community.” Refer to Public Safety and copy to Mayor.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
Under discussion:
Councilor Bresnahan stated that each order was taken up at the previous Public Safety meeting that took place. It was noted that each order was voted complied with but that if the makers of the order or any Councilor wanted to speak in more specificity to any order would be glad to do so. Councilor Bresnahan stated that on Item 14B there has not been any significant meetings or movement with the task force. It was noted that the new Chief of Police has not been contacted to take part in any meetings of the homelessness/panhandling task force. Councilor Bartley stated that there was a press release that stated that the task force would be active and addressing the issue and that the Mayor has not followed up and implemented what the task force said it would in the press release.
Councilor Bartley spoke on the importance for the City to address pan handling and homelessness and not just pay it lip service.
Councilor Lisi spoke and stated that she finds it hard to hear the task force being referred to as fake because those who met on the panhandling issue thought that the best way to address the situation was to address homelessness in general instead of just the panhandling issue. Councilor Lisi stated that in 2017 the press release was right in the middle of an election season and that the task force did not seem to be a right fit at the time. Councilor Lisi stated that she feels the committee should be reconvened in order to find partners and to help with the pan handling issue. Councilor Lisi stated that the DPW Director has expressed an interest in reconvening the committee.
Councilor Sullivan spoke and stated that he has never heard of a task force that only meets one time and named various locations around the City where pan handlers are rampant. Councilor Sullivan spoke on the fact that it seems the City Govt. is not taking necessary steps to help the homeless in the City or combat the issues with pan handling. Councilor Sullivan gave example of a homeless person who froze to death in the City recently. Councilor Sullivan encouraged the Council to refer the order back to committee in order to have it revisited. Councilor Murphy stated that he feels the Mayor had dropped the ball with this committee and stated that there is a constant need for the City to stay engaged on the issue. Councilor Bresnahan stated that there is no way the City is going to attract people to come and live and spend money in the City if it is covered with pan handlers.
—> Received and referred to the Public Safety Committee.

Motion was made and seconded to suspend the necessary rules and take items 14C through 14N
The Committee on Public Safety to whom was referred an order Holyoke has to get serious about cleaning up its image.  Recommend to the Mayor that a street sweeper clean every street at least once annually and then as many other streets as possible twice annually.  Refer to Mayor, Suez and DPW superintendent.  Copy to Public Safety to track progress.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
Under discussion:
Councilor Bresnahan gave overview of each order. It was noted that street cleaners to all streets once a year. Councilor Bresnahan stated that the bus drop off situation near Jim’s Mobile has been a success so far stating that there has been more enforcement and for now it seems that the issue of people speeding by the bus dropping children off has been taken care of. Councilor B stated that at Mckintosh a stop sign has been erected that has helped with the traffic issues there. Councilor Bartley noted that a speed study was done at Hillside Ave. two years ago and that now that the speed limit has been lowered to 20 a new speed study will be done to review whether the speeding numbers are now in a range where further speed mitigating measures are necessary. Councilor Bresnahan stated that Beacon Ave sidewalks are eligible for CDBG money and have been added to the list for potential CDBG sidewalk funds. Councilor Bresnahan mentioned the temporary speed humps would be put installed for Woods Ave. It was noted for Sunset and Ashley Rd. that DPW would move forward on making the streets dead end streets and that the DPW would seek funds to do this from next year’s budget.
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that Holyoke police department have an officer stationed an Jim’s Mobil on Northampton Street during the hours that buses are picking up and dropping off students to observe drivers ignoring the bus stopping to pick up and drop off students. Times to be confirmed by council and sent to police
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order HPD set up traffic enforcement on Laurel St near the Willow St. “Y” to monitor speeding and revving engines. HPD set up speed and traffic enforcement as well as enforce the ‘no parking’ ordinance in the South St. area near Elmwood Towers. Please send reports to Public Safety for a hearing.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that HPD set up traffic enforcement at Mackintosh/Sherwood/Wedgewood/Russell Terrace and the South St. area between Northampton St. and Chapin St. for a few periods over the next month. Speeding is an ongoing concern of area residents.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order That the City Council request a speed study be conducted on Hillside Avenue to address a speeding issue expressed by multiple constituents.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that A study be done at the corner of Portland St & McKenzie St to see if suggestions can be made to improve safety. Many vehicles drive through the stop sign. Many close accidents have been witnessed by residents in the area.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order A constituent that resides at 156 Nonotuck St have been dealing with flooding issues for many years. Many years ago, when Mayor Sullivan was in office, this constituent had requested that a storm drain be placed at the dead end of the street to keep the water from flooding her property. It’s about time that this matter be taken seriously. It has become a hazardous liability especially in the winter when the water turns to ice
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that sidewalks on even side of Beacon St. be repaired.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order   that temporary speed humps be placed on Woods Avenue, and that a speed study be done on the corner of Woods Ave and Hillside Ave. Residents living in that area have noticed an increase in traffic using excessive speed coming off and on from Woods Ave and Hillside Ave.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order Change light to 5 minute delay at the intersection of Sunset and 202 or eliminate a left hand turn there.  Drivers cutting through the neighborhood are rewarded by the light changing to green for them immediately.  This is causing increased backups on 202 and Homestead leading to more drivers cutting through the neighborhood.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that flexible poles be installed in the road to prevent cars from crossing the double lines before the left lane turn lane begins from 202 to Homestead Ave.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that Our DPW Superintendent has recommended a sidewalk construction to close Sunset and Ashley Roads at Rt 202. The estimated cost is $25,000. Holyoke Community College agreed to participate in mitigation if the anticipated traffic problems became a reality.  Please seek funding support for the Sunset portion of this project and propose a temporary solution until funding is secured for a permanent project.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Daniel B. Bresnahan
Jossie M Valentin
Gladys Lebron-Martinez
Michael J. Sullivan
Jossie M Valentin
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

MURPHY, Bresnahan, Lisi, Tallman Ordered, that Ordered that the City of Holyoke amend Section 7.10.4 Marijuana Facilities, Permitted Districts, to reduce the distance requirement from any pre-existing public or private school providing education in pre-kindergarten, kindergarten or any grades 1 through 12; measured from the lot lines of impacted properties to 200 feet for cultivation factories only as permissible under M.G.L. 94 g, section 5 (b)3.  All other marijuana functions would continue to require a 500 foot buffer.”
—> Received and referred to the Ordinance Committee.

MURPHY, Lisi Ordered, that Ordered that the ordinance committee meet with the director of planning and development and other appropriate parties to discuss the current zoning in South Holyoke.  The goal of this meeting would be to amend designated zoning to promote economic development and also enhance the residential redevelopment planned for the area.  As is, current zoning is preventing several areas which have been vacated either by fire or demolition from being used effectively.”
—> Received and referred to the Ordinance Committee.

MURPHY Ordered, that “Ordered that the development and government relations committee meet to discuss the future status of the former Springdale Turn Hall.  Is the building potentially able to be renovated and used as a neighborhood or recreation department resource?  If so, at what cost?  If it is not, is it a fire threat to the neighboring properties?  What is the time frame for removing it? What is the estimated cost of demolition?”
—> Received and referred to the Development and Governmental Relations Committee. Copy to Marcos Marrero .

VACON Ordered, that our DPW Engineer evaluate the Primrose street area homes from #6-#14 to see if there is any way to reduce the water flow issues behind the homes affecting the back yards and driveways.
—> Received and adopted. Copy to Public Safety.
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 24-25 as a package
BARTLEY Ordered, that Ordered that Section 86-322, Schedule I-A(c)(3) be amended to amend the parking fees for special events in the City.
—> Received and referred to the Ordinance Committee.

BARTLEY Ordered, that A do not block the box be inserted on Northampton St. at the top of Carlton St. in the southbound lane of Route 5. Refer to Ordinance.
—> Received and referred to the Ordinance Committee.

BARTLEY, Lebron-Martinez Ordered, that Please remove the handicap parking sign per the following resident’s request: “there is a handicap placard space for 7 Center Street which is placed in front of 14 Center the person that the handicap space was issued for has passed away and there is no need for the handicapped space.” Refer to Ordinance.
—> Given leave to withdraw by maker.

BARTLEY Ordered, that That the DPW replace the sidewalks on the “odd” side of Clark St. Refer to DPW and the Mayor.
—> Received and adopted. Copy to Mayor.
Approved by the Mayor.

BARTLEY Ordered, that The vendor that is using the space in City Hall formerly used by the office of Weights and Measures cease and desist operations. The Mayor and Law Dept. submit a formal request to the City Council for the use of that space and refer matter to DGR.
Under discussion:
Councilor Bartley stated that City Hall is public property and that to lease out the use of public property the Mayor must have the consent and confirmation of the City Council.
—> Received and adopted. Referred to the Mayor and Legal Department. Copy to DGR.
*Did not received order back from the Mayor.

BARTLEY Ordered, that The Mayor forward any contracts between the City of Holyoke and any consultants that were initiated in FY2019. The contracts provided should include any agreements between the City of Holyoke and any former City employee(s). Refer to Finance Committee.
—> Received and referred to the Finance Committee. Copy to Mayor.

BARTLEY Ordered, that Now that it is the opinion of city leadership to go to a middle school system, the Mayor and the City Council consider taking the former Lynch School. Refer to DGR and copy to Charter and Rules.
—> Received and referred to the Development and Governmental Relations Committee. Copy to Charter and Rules.

BARTLEY Ordered, that The DPW affix a “do not block driveways” sign to HG&E Pole #1 on Russell Terrace per request of building owner at 523 South St. Refer to DPW.
—> Received and adopted. Copy to Holyoke Gas and Electric.
Approved by the Mayor.

BARTLEY, Sullivan Ordered, that That the public service committee conduct interviews for the new whiting reservoir committee.
—> Received and referred to the Public Service Committee. Copy to Personnel Director.

BRESNAHAN, Lisi Ordered, that Order that the tax collector report to the City Council to find out exactly or to their best estimate what the City will be getting in tax revenue from the marijuana industry here in the city?
—> Received and adopted. Copy to Finance Committee, Tax Collector, Assessor.
Approved by the Mayor.

BRESNAHAN Ordered, that Order the DPW, Tax Collector/Treasurer report if the City is receiving any “tipping” fees from the trash transfer station on Main Street?,  what if any has been collected so far  and where is it going?
—> Received and referred to the Finance Committee. Copy to DPW, Tax Collector, Treasurer, DPW.

LISI Ordered, that the HPD and HFD come in to discuss any marijuana related incidents in the past 6 months and whether they see a need for any additional regulations that would help avoid similar problems in the future.
—> Received and referred to the Public Safety Committee. Copy to HPD and HFD.

LISI Ordered, that the City Council consider signing on to a letter in support of the Holyoke Veterans Service Department’s grant application to provide case management support to Veterans in transitional housing who do not currently receive that support (see attached as example)
—> Received and adopted.

MCGEE Ordered, that Order that DPW remove and replace the sidewalks (both sides) on Northampton Street from Vadnais to Mt. View Road.  The sidewalks are in such bad condition they are a public safety matter.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 38-39 as a package
MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2019, SIX THOUSAND TWO HUNDRED SIXTY EIGHT AND 91/100 Dollars ($6,268.91) as follows:
FROM:
12201-51105 PAY-FIREFIGHTERS $6,268.91
TOTAL: $6,268.91
TO:
12201-51180 PAY-INJURED ON DUTY $6,268.91
TOTAL: $6,268.91

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 2, 2019.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Valentin).
Approved by the Mayor.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2019, SEVEN THOUSAND NINE HUNDRED FIFTY SIX AND 66/100 Dollars ($7,956.66) as follows:
FROM:
12102-51107 PAY-PATROLMEN $7,956.66
TOTAL: $7,956.66
TO:
12102-51180 INJURED ON DUTY $7,956.66
TOTAL: $7,956.66

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 2, 2019.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Valentin).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 40-42 as a package
MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2019, TWO THOUSAND NINE HUNDRED AND 00/100 Dollars ($2,900.00) as follows:
FROM:
12101-51117 PAY-E911 DISPATCHERS $2,900.00
TOTAL: $2,900.00
TO:
12101-51203 PAY-PT DISPATCHERS $2,900.00
TOTAL: $2,900.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 2, 2019.

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

MCGIVERIN Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY 2019-2020 STRATEGIC DEMOLITION FUND” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 2, 2019.

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 2019, THIRTEEN THOUSAND AND 00/100 Dollars ($13,000.00) as follows:

FROM:
11351-51105 HEAD ADMINISTRATIVE CLERK $13,000.00
TOTAL: $13,000.00
TO:
11352-53010 PROFESSIONAL SERVICES $13,000.00
TOTAL: $13,000.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 2, 2019.

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

Motion was made and seconded to suspend the necessary rules and take items 43-44 as a package
MCGIVERIN Ordered, that the amount of TWO HUNDRED FIFTY DOLLARS AND 00/100 Dollars ($250.00) be authorized from the AUDIT/BOARD OF HEALTH/BOARD OF REGISTRAR Department’s PAY BOARD – BOARD OF HEALTH (15101-51201), SIX THOUSAND ONE HUNDRED AND 00/100 Dollars ($5850) be authorized from the PAY COMMISSIONERS – BOARD OF REGISTRAR’S (11631-51201) appropriation in fiscal year 2019 for services rendered in fiscal year 2018 which were unencumbered at the 2018 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, April 2, 2019.

Alex B Morse, Mayor
Under discussion:
Councilor McGee read the orders and stated that if the Committee chooses to discuss and take a vote on the order than he would need to step down and abstain from discussion and vote on the order because it relates directly to his wife who is the City Clerk. Councilor McGee stepped abstained and stepped down from the City Council president dais and allowed Councilor Tallman to step into the dais and to take presidential duties for the discussion the order. Councilor McGiverin stated that the order refers to money owed to an employee and that is why he asked that the Item’s be brought up for vote this evening. Councilor McGee stated that if any Councilor has questions or wants to take some time to think about the order then to please stop him and it can be referred to Finance Committee. Councilor McGiverin gave information on the order and noted that there is a stipend provided to two employees and that there is a Mass General Law that has inadvertently been ignored that has deprived the City Clerk from compensation to which she is entitled. It was noted that the money is coming from the Auditor’s Dept. from the Pay Head Clerk item which the Auditor is currently not looking to fill in the current FY and that the City Auditor has signed off on allowing this transfer to take place. Councilor Bartley spoke and asked for clarification on the requirement of the City to Pay commissioners and asked who would be paid if the orders were adopted. It was noted that City Clerk would receive pay if the orders were adopted. Councilor Bartley asked whether City Clerk Shea or Egan ever received the stipend and Co. McGiverin stated that he was unsure. Councilor Bartley stated that he could not possibly support the order on the floor as is without the opportunity to look into the law and find out more about the transfer. Councilor Bartley stated that with all due respect to everyone and their office this is dealing with public money for what would amount to a raise to an elected official and stated that it should be vetted through the committee process. Councilor Bartley stated that he had some questions including whether this would be a permanent part of the City Clerk salary.
—> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2019, SIX THOUSAND ONE HUNDRED AND 00/100 Dollars ($6,100.00) as follows:

FROM:
11351-51105 PAY-HEAD ADMIN CLERK $6,100.00
TOTAL: $6,100.00
TO:
15101-51201 BOARD MEMBERS – BOARD OF HEALTH $250.00
11631-51201 COMMISSIONERS – BOARD OF REGISTRAR’S 5,850.00
TOTAL: $6,100.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 2, 2019.

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 2019, EIGHTY SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars ($87,500.00) as follows:

FROM:
12201-51105 PAY-FIREFIGHTERS $87,500.00
TOTAL: $87,500.00
TO:
15102-53103 ANIMAL CONTROL – BOH $87,500.00
TOTAL: $87,500.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 2, 2019.

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

LATE FILED ORDERS & COMMUNICATIONS

From Chief of Police Manuel J. Febo, letter regarding Thomas Spafford
—> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that That the City Council vote to approve an exemption from MGL Ch. 268A, Sec. 20(b), the Conflict of Interest Law, for Thomas Spafford, an employee of the Fire Department, to be a Reserve Police Officer.
—> Received and referred to the Finance Committee.

Petition for a MME & RMRE by Buudda Brothers at 604 Main Street.
—> Send to next agenda.

 

Adjourn at 09:23 PM.
A true record
ATTEST:

______________________________
City Clerk