Holyoke City Council Meeting April 6, 2021

REGULAR MEETING OF THE CITY COUNCIL
April 6,2021

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

The Clerk called the roll. Absent members: 0 Present Members 12 (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.

PUBLIC HEARING

Motion was made and seconded to suspend the necessary rules and take items 1-4 as a package
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 Princeton St. Holyoke, Ma.
—> Received and adopted.

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) One 45′ Class II Pole on Lincoln St. Holyoke, MA near 41 Taylor St.
—> Received and adopted.

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 (1) one 40′ pole on dead end of Princeton St. Holyoke, MA
—> Received and adopted.

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) One 40′ pole in front of 12 Princeton St. Holyoke, MA
UNDER DISCUSSION:
Vincent O’Connell – representing Holyoke Gas & Electric stated that the pole petitions were associated with commissioner commitment projects for 2021 for backyard pole and wire relocations. Stated they are transitioning out of backyards and private property to move facilities into public taking to refeed customers from the front yard. Stated that abutters and residents within 200-330 foot radius were called, spoken to, or provided the information.
President McGee clarified the locations of each of the petitions.
O’Connell stated that Lincoln St is a relocation of an existing pole west from existing into sidewalk area to refeed Taylor St. Stated that residents did not offer any negative feedback or disagreement.
O’Connell stated that for Jefferson St and dead end of Princeton, their plan was to pull a pole out of the backyard and onto dead end street. Stated abutters agreed with relocation. Stated that rest of Jefferson St would be transitioned later in the year. Also stated that the pole 1 on Princeton would be a new pole set, noting that an existing street light sits between two driveways and that the residents asked for the light fixture to be relocated. Added that to make it happen, another pole would need to be added toward the Pleasant St side.
Councilor Lisi made a motion to suspend the rules to allow the public to address the issue. Councilor Anderson-Burgos seconded the motion. All councilors voted in favor.
Councilor Bartley made a motion to close the public hearing. Councilor Tallman seconded the motion. All councilors voted in favor.
—> Received and adopted.

LAID ON THE TABLE

Motion was made and seconded to suspend the necessary rules and take items 5, 6, 13 and 17 as a package
*Following this meeting, it was discovered that the report had not passed a first reading prior to being tabled at the previous meeting. 9 votes were required for adoption.
The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND NINE HUNDRED FIFTY SEVEN AND 00/100 ($5,957) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,957
TOTAL: $5,957
TO:
11511-51101 CITY SOLICITOR $5,957
TOTAL: $5,957 Referred back to committee without recommendation.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 8 –Nays 4 (Bartley, Greaney, Sullivan, Vacon)–Absent 1 (Lebron-Martinez).
Approved by the Acting Mayor.

*Following this meeting, it was discovered that the report had not passed a first reading prior to being tabled at the previous meeting. 9 votes were required for adoption.
The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND ONE HUNDRED NINETY SIX AND 00/100 ($5,196) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,196
TOTAL: $5,196
TO:
11511-51101 CITY SOLICITOR $5,196
TOTAL: $5,196 Referred back to committee without recommendation.
UNDER DISCUSSION:
Councilor McGiverin stated that transfers were for pay that was owed to the acting city solicitor. Stated that the previous discussion was on what her pay should have been when she took over the duties of the city solicitor in 2018. Clarified that the salary was not being changed, but that ordinance automatically makes the senior solicitor the acting city solicitor upon vacancy. Stated that the transfers were for specific periods of time. Clarified that the two items were tabled to seek interpretation of the law, adding that the legal opinion found the transfers to be for a form of back pay that was owed. Observed that Crystal Barnes had done the job well and had received positive feedback from the Council on numerous occasions. Noted that federal law requires an employer must pay salary that an employee is due, adding that violations can subject an employer to triple damages.
Councilor Vacon expressed an understanding of the position held by proponents of the orders, adding that the mayor prepares the budget and brings appropriations to the City Council. Stated that he had not done so in the prior years. Observed that while the opinion was offered on the ability to do it, it had not been before the Council to do it. Noted that the Council had made the employee whole if she had been staying, adding that the additional transfers would amount to a severance payout and would be over the top given the financial situation of the city.
Councilor McGiverin clarified that the transfers are not severance pay. Reiterated that the transfers are back pay for work that was performed. Stated that money for the salary of the city solicitor had been in the budget even though it had been vacant, and that it had sometimes been transferred out. Conceded that the mayor should have followed up on the interpretation of the law, reiterating that the position of acting city solicitor is automatically the city solicitor.
Councilor Lisi noted that the work has been performed out of grade, adding that the pay is owed, and the employee should be compensated for the work. Questioned sentiment that the city is in a dire financial situation, noting that the bond counsel felt that the city is in a health position and adding that the issues are not budgetary but of financial management. Stated that the loss of free cash could be attributed to issues with grant management.
Councilor Vacon questioned the notion that the city is in a good financial condition. Stated that the city has a good bond rating due to efforts to protect the stabilization fund, adding that the cash situation is terrible as the city spends everything It takes in. Noted that the auditor expressed city should not use free cash for operations but for capital expenses.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 8 –Nays 4 (Bartley, Greaney, Sullivan, Vacon)–Absent 1 (Lebron-Martinez).
Approved by the Acting Mayor.

From Crystal Barnes Acting City Solicitor letter of Resignation effective April 30, 2021.
—> Received.

From Dupere Law Offices letter re: legal Opinion on Retroactive payment to an employee working in an acting position.
—> Received.

Councilor Lebron-Martinez stated that she had arrived but would likely not be able to stay long.
The Committee on Finance to whom was referred an order 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). Recommended that the order be adopted.
UNDER DISCUSSION:
Councilor McGiverin stated that the order had been voted out of committee at the last meeting, adding that it had been tabled to allow Councilor Sullivan to verify a figure.
Councilor Sullivan stated he spoke with the Assessor and Legal, noting that the amount Holyoke BESS was paying was the same as the other battery storage in the city, $1,500 per megawatt.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13 –Nays 0–Absent 0.
Approved by the Acting Mayor.

PUBLIC COMMENT

(27:20)
Nev Capron, 72 Congress Ave, stated intent to speak in relation to the relief act. Stated that funding is determined by the poverty rate and rate of unemployment, adding that extra is provided due to being in a defunct county. Stated that the law is designed to have community leaders and members involved in the planning of the use of the funds. Expressed that when people are displaced, there should be assistance to help get people back into housing. Expressed that funds could be used to fix roofs and shore up walls, as well as spent on sewage. Suggested that the sewage department could be held to offering competitive sewer rates and face consequences such as fines for mismanagement. Suggested that a reduction in the sewer rate be progressive and weighted toward elderly and low incomes residents.
Scott DeFelice, 60 Cleveland St, addressed the Yale St medical facility, stating that ZBA did not fulfill duty in approving the permit. Stated they have a duty to weigh evidence and be free of political influence. Noted that in Mass Land Court, there was expert witness testimony arguing that the facility is medical. Stated that a mistake was made and the permit must be rescinded.
Elana Langdon, 67 Yale St, expressed support for the 11 Yale St project, adding that she disagreed with statements that it is medical facility. Expressed that Holyoke should be a city that is about embracing everyone, adding that the campaign to rescind the permit is about fear and prejudice. Expressed that she would prefer this kind of program in the neighborhood over businesses such as an Air B&B or other facilities. Reiterated that she is not opposed and stated belief that others on the street feel the same.
Steve Rosenbush, 1155 Northampton St, stated that out of state corporations are profiting from low cost hosing in the city and taking advantage of lax zoning laws. Observed that he is the only openly gay person involved in fighting the facility. Noted he has been involved in AIDS activism and in treatment. Expressed that the facility is misrepresenting the concept of mental health, adding that those who would be treated at the facility has deeper issues and do not belong in the neighborhood.
Liz Whynott, 256 Pine St, expressed agreement that the 11 Yale St facility is considered residential. Noted that she is involved in the kind of work planned at the facility. Observed seeing increases in overdoses and people needing treatment, adding that she has witnessed the struggles faced by people trying to get into treatment. Reiterated that she welcomes the facility, adding that it would benefit individuals and would not have a negative effect on the local community. Expressed that she is happy to live in a city that would welcome the individuals needing the treatment.

COMMUNICATIONS

(39:50) President McGee noted that people were in attendance with an interest in the items regarding the schools, and suggested that those items be taken out of order.
Motion was made and seconded to suspend the necessary rules and take items 35C and 46 as a package
The Committee on Joint Committee of City Council and School to whom was referred an order That with the reconvening of the review process and
LISI discussion on the middle school project- The Joint committee of City council and School Committee meet and invite in the Mayor, school department/receiver,
treasurer, members of the city finance team and members of the community to review the feasibility study and MSBA financing and collect the necessary data requested
by the MSBA in order to better assess the project/proposal. have considered the same and Recommended that the order has been complied with.

Committee Members:
Gladys Lebron-Martinez
Terence Murphy
Juan . Anderson-Burgos
—> Report of Committee received and recommendation adopted.

MCGEE, Lebron-Martinez Ordered, that Ordered, a resolution that the Holyoke City Council endorses the plan to apply to MSBA to build one middle school for 550 students and has received information from our financial advisors indicating that the city has the capacity to finance the construction.
This resolution was approved by the Joint Committee of the City Council and School Committee on March 17, 2021.
UNDER DISCUSSION:
President McGee made a motion to suspend the necessary rules to allow members of the public to address the Council. Councilor Anderson-Burgos seconded the motion. All councilors voted in favor.
Councilor Murphy stated that the committee met and had much discussion on the topic of building new schools. Noted that the resolution is not committing to anything aside from the process of applying to the MSBA to pursue the building of a new school. Stated that the committee voted to bring a resolution before the City Council, adding that the MSBA needed the City Council to be on record supporting the application process.
Councilor Vacon noted there was flexibility to go higher in terms of number of students, and asked if there was a ceiling.
Councilor Murphy stated that the flexibility allowed for some capacity to go higher, using 575 as an example, adding that 550 was considered the ideal.
President McGee observed the committee had gone back and forth on the language of the resolution, adding that this step is just the start.
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).
Approved by the Acting Mayor.

From Mayor Alex B. Morse letter regarding services and equipment needed to provide Spanish interpretation of the City council meetings.
Councilor Murphy expressed appreciation for the letter. Stated the letter allows Holyoke Media to use the municipal projects account to pay for all equipment and services necessary to provide interpretation services for City Council meetings. Noted the one step left is for the City Council President to approve who would be performing the service, after the recommendation of Scott MacPherson of Holyoke Media.
Councilor McGiverin reiterated that the funds would not come from the city budget to provide the services.
President McGee read the content of the letter. Noted that he and Scott had been in discussion on developing a contract for the interpreters, adding that the interpreters used by schools would likely be the same used for meeting interpretation. Noted that there had been a minor mistake with the contract delaying the finalization.
Councilor Bartley noted that the order made a lot of sense and expressed appreciation for the work done. Expressed that the order had been overdue, adding a hope to see it expanded after it gets started.
Councilor McGiverin asked for a clarification on an understanding that the interpreters would not be city employees. Expressed that if they are employees of the schools, there could be political issues to be concerned with.
President McGee stated that he did not yet have a contract, adding that he would provide it to the Council before it is approved.
Councilor Tallman noted that a majority of the community will be brought into Holyoke politics through this order.
Councilor Bartley asked about receiving questions via the Q&A feature on Zoom, noting that responding to such questions could be a violation of open meeting laws.
President McGee stated that questions should not be opened according to legal advice.
Councilor Bartley stated he would not want to ignore questions and suggested the Admin Asst could field them on behalf of the Council to be addressed.
President McGee stated that questions should be sent to the public comment email or addressed during public comment, adding that if a question is on an agenda item, those questions could be addressed when an order is taken up in committee.
—> Received.

Motion was made and seconded to suspend the necessary rules and take items 9-11 as a package
From Mayor Alex B. Morse letter reappointing Ms. Miriam Panitch 134 Madison Ave. to serve as a Commissioner of the Planning Board for the City of Holyoke: Ms. Panitch will serve a five-year term; said term will expire on June 30, 2024.
—> Received and referred to the Public Service Committee.

From Mayor Alex B. Morse letter reappointing Mr. Morris M. Partee, 127 St. Kolbe Dr. to serve as a member of the Board of Appeals for the City of Holyoke: Mr. Partee will serve a two-year term; said term will expire on July 1, 2023.
—> Received and referred to the Public Service Committee.

From Mayor Alex B. Morse letter reappointing Mr. Jeffrey A. Trask, 28 Central Park Dr. to serve as the Emergency Management Director for the City of Holyoke: Mr. Trask will serve a one-year term; said term will expire on May 2022.
Councilor McGiverin asked for clarification on when the terms begin.
President McGee stated that the letters only provided the end of terms, noting that as they are reappointments, they would likely start now and remain until the provided end dates.
Councilor McGiverin expressed concern about the legality, noting that a term may not start until later in the year when the mayor who appointed them is no longer in office.
Councilor Leahy noted that some of the terms would not begin until later in the year. Expressed that he had no issues with those being appointed, noting that they all work hard volunteering for the city. Stated the appointments should go to committee and suggested that an incoming mayor could handle the appointments. Also suggested that could continue in their roles until new appointments were submitted.
Councilor Sullivan questioned how a five-year term could expire in 2024.
Councilor Bartley made a motion to suspend the necessary rules to allow the City Clerk to address the Council. Councilor Lisi seconded the motion. All councilors voted in favor.
City Clerk McGee stated that the current appointments expire on June 20th for Ms. Panitch, July 20th for Mr. Partee, and May 11th for Mr. Trask.
—> Received and referred to the Public Service Committee.

From Mayor Alex Morse, appointment letter for Bellamy Schmidt
Councilor Leahy noted that the agenda does not say what the appointment is for.
President McGee stated he did not have the order.
City Clerk McGee stated that the appointment was received as a late file at the last meeting, adding that it may have already been referred to committee.
Councilor Leahy made a motion to refer to the Public Service Committee.
Councilor Bartley suggested a motion to table to gather more information.
Councilor Leahy withdrew his motion.
Admin Asst Anderson-Burgos confirmed that the item had been received and referred at the previous meeting.
—> Leave to withdraw. Councilor Bartley asked the Admin Asst to send the appointment letter to him.

From Brenna Murphy McGee, MMC and Jeffery Anderson-Burgos minutes of March 2, and March 16, and Special meeting of March 30, 2021.
—> Received and adopted.

FFY2021 Spreadsheet Community Development Block Grant.
—> Received and referred to the Development and Governmental Relations Committee.

From Michael P, McManus, Superintendent Department of Public Works letter re: American Rescue Plan.
—> Received and referred to the Finance Committee.

Motion was made and seconded to suspend the necessary rules and take items 18-19 as a package
From Board of Fire Commission minutes of February 18, 2021.
—> Received.

From Whiting Street Reservoir Committee Minutes of March 16, 2021.
—> Received.

Community Outreach Public Notice for 306 Race Street.
—> Received and referred to the Ordinance Committee.

From Holyoke Water Works committment for competitive water rates.
—> Received and referred to the Finance Committee.

From Tighe and Bond Whiting Street Reservoir Dam Improvements.
—> Received and referred to the Development and Governmental Relations Committee.

From Nicholas J. Scobbo, Jr. letter Re: Notice of filing and request for Comments: Massachusetts Municipal Wholesale Electric company- DPU-21-29.
—> Received.

Final Investigative Report University of Amherst (Alex Morse Matter).
—> Received and referred to the Charter and Rules Committee.

From Citizens of Holyoke email regarding 11 Yale St.
Councilor Greaney asked for a clarification of the number of occupants, noting he read that there would be 48 occupants.
President McGee stated that it was approved to be a 48-occupant facility, adding that a communication received that explained it to be for 16.
Councilor Sullivan stated that when the fire department looks at buildings, it refers to what is allowed by the fire code, not necessarily how many will be there.
—> Received and referred to the Public Service Committee.

PETITIONS

Petition for Speed hump at Argyle Ave.
—> Received and referred to the Ordinance Committee.

Petition of Green Valley Analytics LLC for a Marijuana Testing Facility at 306 Race St.
—> Received and referred to the Ordinance Committee.

Petition for a second hand license for FYE #725 at 50 Holyoke St.
—> Received and referred to the Finance Committee.

Motion was made and seconded to suspend the necessary rules and take items 29-33 as a package
Petition of Tai Woong Kang for a renewal of a Second hand license at 311 High St.
—> Received and adopted.

Petition of Brad Matthews Jewelers for a renewal of a Second hand license at 2225 Northampton St.
—> Received and adopted.

Petition of Ivory Billiard Lounge for a renewal for 19 Pool Tables and 1 Billiard Table at 151 Chestnut St.
—> Received and adopted.

Petition of William F. Sullivan & Co. Inc. for a renewal of a Junk Dealers License at 107 Appleton St.
—> Received and adopted.

Petition of William F. Sullivan & Co. Inc. renewal of Junk Dealers license at 1-3 Jed Days Landing.
—> Received and adopted.

(1:13:50)
President McGee stated that an update on the home rule petition had come from the state, noting that the amended petition had passed both houses of the legislature and was awaiting the governor’s signature. Stated that once it was signed, a special meeting would be called for 48 hours for the City Council to elect an acting mayor.
Reiterated he had spoken with Scott from Holyoke Media regarding Spanish interpretation, noting that a contract was being worked on but had not yet worked through mistakes in time for the deadline and adding it would be ready for the next meeting. Stated that there would be no taxpayer funds used.
Stated that the Chamber has reached out seeking councilors to participate as members of their government committee, adding that Councilor Leahy volunteer and that there was room for one more.
Recognized Jenna from the Legal Department was in attendance and that she would serve as the attorney for the City Council following the departure of Crystal Barnes at the end of the month. Expressed appreciation to Barns for her work. Asked for patience to give Jenna time to get used to working with the Council. Added that Jenna would be the only attorney in the department for now to work with City Council, handle tort cases, addressing bills and outside counsel, and all other legal needs for the city. Added that he would be working to fill in the gaps. Emphasized that there had been no resumes from candidates interested in working in the department.
Councilor Leahy observed that people had reached out to him regarding potholes and other street issues, adding that a listed hotline is not being used. Noted that issues submitted through SeeClickFix did not appear to be getting addressed. Also noted that street sweeping appeared to have been working the last month but had not been as well maintained recently. Stated that there would be a Public Service meeting on April 28th. Asked for Jenna’s last name. Commended Crystal Barnes for the job she did.
Councilor Greaney observed that he had attended the Board of Health meeting, noting that 600-800 School Department personnel had received vaccines. Stated that the Senior Center would be provided the Johnson & Johnson vaccine.
President McGee noted that a flyer had been provided offering information on Covid vaccine clinics scheduled through BHN (Behavioral health Network).
Councilor Murphy stated that the Senior Center’s first vaccination event would be the next day specifically for Holyoke residents, adding that there was expected to be 400 doses available.
Councilor Anderson-Burgos stated his understanding that the city should be expecting more doses coming soon.
(1:24:05)

REPORTS OF COMMITTEES

The Committee on Joint Committee of City Council and School to whom was referred an order that the City Council invite in School Committee and Receiver to discuss top 100 salaries.
have considered the same and Recommended that the order has been complied with.

Committee Members:
Gladys Lebron-Martinez
Terence Murphy
Juan . Anderson-Burgos
UNDER DISCUSSION:
Councilor Murphy noted that there was a chart provide that breaks down the cabinet position within the School Department. Noted that some raises had been high, adding a hope that future raises would be more reasonable. Noted they were working to get the school system back to local control.
Councilor Greaney asked for the Admin Asst to provide a hard copy of the chart.
—> Report of Committee received and recommendation adopted.

The Committee on Joint Committee of City Council and School to whom was referred an order that the receiver appear before the joint committee to discuss concerns about students potentially falling behind grade level, and plans being designed to address that once students are fully back into the classroom.  Is there a potential, especially in the crucial early grade levels, that students might need to stay within their current grade or receive extensive additional instruction in order to catch up to grade level?  What impacts might this have on classroom size, the need for additional teachers, and funding?
have considered the same and Recommended that the order has been complied with.

Committee Members:
Gladys Lebron-Martinez
Terence Murphy
Juan . Anderson-Burgos
UNDER DISCUSSION:
Councilor Murphy recalled that he spoke with the previous receiver a year ago at the beginning of the pandemic, noting the initial expectation that students would be out for a few months, not for 15 months. Stated that plans are in place to help students catch up academically and emotionally, noting concerns that students are falling behind. Suggested that programs would include summer programs, adding counselors, developing mentorship programs utilizing older students and those who are doing well. Added that student-teacher ratios would be addressed. Stated that the hope was to not hold students back, adding that this plan would need to assure that students are able to catch up.
Councilor Lisi observed that the curriculum development director had described training being done to provide multi-tiered instruction to allow teachers to provide instruction to those who are ahead, on level, and behind. Expressed that it would be a good intervention to keep students engaged and moving forward.
Councilor Greaney observed that data makes clear that test scores have declined in the five years since state takeover of the schools. Expressed concern about questionable types of instruction being offered in the schools.
Councilor Hernandez noted that many students are reaching breaking points with remote learning, adding that additional stresses are coming from different models of instruction on top of concerns about safety as students return to in-person instruction. Emphasized the value of extra support, particularly emotional support.
—> Report of Committee received and recommendation adopted.

Motion was made and seconded to suspend the necessary rules and take items 34D, 34E, 34F as a package
The Committee on Ordinance to whom was referred an order That Schedule B, Compensation for Elected Officials of Chapter 2 of the Code of Ordinances be amended as follows, effective January 1, 2019:
Mayor: $125,000      City Clerk: $90,000  City Treasurer: $85,000 City Council: $12,500          City Council President: $1,000 (in addition to above)
have considered the same and Recommended that the order be adopted.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
UNDER DISCUSSION:
Councilor Lisi observed that recent work on the salary study orders had underway since November. Noted that meetings had included the participation of department heads. Observed having learned that departments were having difficulty providing services due to depleted departments and a lack of a competitive compensation plan. Noted that department heads expressed inability to progress on programs, projects, and managing grants. Stated that city is losing tine, money, and resources with the investment on people who gain skills and then leave to go to other municipalities or the state for higher pay. Noted that HRS was hired in 2014 to assess positions in City Hall. Noted it included qualitative interviews as well as comparisons to 17 other communities that are similar by size or demographics. Observed it had passed out of committee in 2015, adding that there was Council interest in developing more budgetary controls and salary ranges that were too high. Observed that city now feels the effects on being able to hire and deliver the services residents expect. Observed there was a working group to create budget controls, noting that language was built into it assuring that new hires would be placed within the min and mid ranges of a salary, and that current employees would be able to make up to the max. Noted that salary could not be higher than the max but would allow for other forms of compensation such as longevity, educational incentives, cost of living (COLA). Noted that Schedule A are non-union employees, adding that many of the employees falling below minimum wage were library employees. Observed that while cities are exempted from minimum wage laws, it would be ethically questionable Noted that the total cost of the increases to bring salaries up to their ranges was roughly $100K. Noted that Schedule B pertained to elected officials, adding that the same communities were used for comparison. Explained the proposals for new salaries were $100K for the mayor, $85K for both the City Clerk and the Treasurer, and that the City Council would remain at $10K with the added $1K for the City Council President. Observed that the increases totals $35K. Also noted that the five closest communities to Holyoke would bring the average up. Stated that Schedule C included miscellaneous and contract employees, adding that minor changes were made to bring two position to minimum wage and one to bring the Fire Department Clerk earn the same compensation as clerks in other departments.
Councilor Vacon noted having received the language that day. Observed that although the cost is described as an additional $100K, filling the vacancies and hiring them on the new scale would make the actual cost closer to $200K. Clarified that nobody on the committee would be against lower end wages and entry wages going up, adding that the COLA application from the year of the study, min and max of the ranges are as wide as $25K. Recalled that the mayor refused to reconsider the ranges. Stated that additional consideration should be given to the reality that the city faces 6-8% unemployment and small businesses burdened with continuing to stay open. Stated that changes should not be considered until City Hall and schools reopen. Also noted she had been part of the committee working to help the lower paid employees.
Councilor Sullivan asked about the figures shown in 34D relating to the salaries for elected officials.
Councilor Lisi clarified that the order shows the language of the original order, adding that amendments were made in committee.
Councilor Sullivan questioned the insinuation that City hall is hollowed out. Stated thee is no question that some positions deserve to be addressed, noting the library, the legal department, and DPW as examples. Also noted there are morale issues, adding that the Treasurer left due to a toxic environment which would not be fixed by adding money.
Councilor Hernandez stated that while City hall is not open for in person service, the work of the departments continues. Also stated that work is about long-time employees being underpaid. Noted that money doesn’t solve all issues but does retain talent. Observed that community could not be served without employees.
Councilor Murphy observed that it had been a long and imperfect process, adding that the original grade 1 had been taken out to assure lowest paid employees are paid at least minimum wage. Stated that the schedules cannot be effected upon adoption as stated in the language, noting that they would need to be effective on July 1 for Schedules A and C or January 1 for Schedule B. Stated he is sympathetic to those at the bottom of the pay scale. Noted he had suggested giving more to those at the bottom, adding that the attorney suggested that it would be difficult to the entire schedule. Questioned the assumption that city needs to keep the same number of employees, suggesting that some positions could be combined and allow positions to receive more pay. Made a motion to amend the language, changing the effective upon adoption language to July 1st for Schedules A and C, and January 1st for Schedule B.
Councilor McGiverin expressed appreciation to city employees for working through the pandemic, adding that positive Covid tests in City Hall had been in the double digits. Noted that when new contracts are proposed for those departments under contract, City Council does not tend to take issue. Stated that the increases are long overdue for dedicated employees who provide services that the city expects. Also noted that salaries for full time elected officials are for career positions, adding that makes it political would result in never being increased. Observed that councilors would fight for their own cost of living increases and someone should stand up for city employees.
Councilor Tallman observed that the work had been underway for a long time, adding that it was time to take care of employees. Commended Ordinance Committee for putting the schedules together, adding that it is important to show respect to employees. Reiterated that the passage was long overdue.
Councilor Lisi noted that the cost of bringing employees up to minimum level is $99K. Observed that there had been a stepped in change to bring up to 70% of the way to the minimum in the previous language which would have always been around $100K. Stated that the rages could have been modified in committee, adding that the data was from 2014 and that the various grades work in harmony with one another. Stated that ranges could not be arbitrarily changed without impacting the other ranges and the responsibilities that go along with those grades. Suggested it could be budget neutral with better grant management practices, noting that $350K in free cash had been lost due to deficiencies in management. Expressed position that votes against the salary schedule are anti-government votes to limit the scope of government. Stated that morale and pay are connected, adding that there is an adversarial relationship between departments and City Council.
Councilor Vacon stated her rejection of the spin in the previous comments. Stated that the committee hadn’t looked at the final legal language. Asked for a clarification on the number of people employed by the city, noting that many are paid under contract and that grants are managed by those who are highly paid. Stated that she has no issue with those who have been working through the pandemic. Expressed an understanding that she may be in the minority on a vote but reiterated her concern about her positions being spun in an inaccurate way.
President McGee noted that he reached out to the state ethics commission and was referred to EC-COI-87-16, adding that no salary would take effect until January and that he would be allowed to vote on the packages.
Councilor Lisi seconded Councilor Murphy’s motion to change the language on when the scheduled would be effective. All councilors voted in favor.
Councilor Murphy asked that a vote be taken on each schedule individually, noting that he would support most but not the whole without additional changes.
Councilor Anderson-Burgos noted that would have been his request as well.
Councilor Lebron-Martinez stated she had rejoined the meeting, noting the importance of recognizing the wages of workers.
Councilor Greaney asked for a clarification of the positions in each of the schedules.
Councilor Lisi stated that Schedule A is non-union employees.
Councilor Greaney asked if there are elected officials in Schedule A.
Councilor Lisi clarified that Schedule B is elected officials.
Councilor Bartley asked for a clarification of Councilor Anderson-Burgos’s vote.
City Clerk McGee noted he had abstained.
Councilor McGiverin noted that a councilor cannot abstain unless there is a conflict.
City Clerk McGee clarified that he did have a conflict.
Councilor McGiverin noted it was important for the record.
Councilor Murphy made a motion to amend the mayor’s salary to $97.5K, the City Clerk to $82.5K, and the Treasurer’s salary to $82.5K, noting the percentage of the increase would be more in line with the increases of the other employees. Councilor Bartley seconded the motion.
Councilor McGiverin stated that with the motion to ordain, the request to amend would require a motion to reconsider.
Councilor Murphy made a motion to reconsider. Councilor Vacon seconded the motion. Motion failed on a voice vote.
—> Report of Committee received and the Ordinance passed its first reading.
The Ordinance passed its second reading.
The Ordinance was passed to be enrolled.
The Committee has considered the same and find that it is truly and properly enrolled.
Report of Enrollment received.
The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 4 (Bartley, Greaney, Jr., Sullivan, Vacon)–Absent 0.
Approved by the Acting Mayor

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

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
Schedule A
—> Report of Committee received and the Ordinance passed its first reading.
The Ordinance passed its second reading.
The Ordinance was passed to be enrolled.
The Committee has considered the same and find that it is truly and properly enrolled.
Report of Enrollment received.
The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 3 (Bartley, Greaney, Jr., Vacon)–Absent 0. Councilor Anderson-Burgos did not vote or participate in discussion on this item.
Approved by the Acting Mayor

Schedule B
—> Report of Committee received and the Ordinance passed its first reading.
The Ordinance passed its second reading.
The Ordinance was passed to be enrolled.
The Committee has considered the same and find that it is truly and properly enrolled.
Report of Enrollment received.
The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 3 (Bartley, Greaney, Jr., Vacon)–Absent 0.

The Committee on Ordinance to whom was referred an order that the City of Holyoke take up and approve the salary study completed in 2014, and include in its salary revisions salaries of the Mayor, City Council and School Committee Members
have considered the same and Recommended that the order be adopted.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and recommendation adopted.

The Committee on Ordinance to whom was referred an order That the Ordinance Committee review and potentially amend the residency requirements per the Personnel Directors letter.
have considered the same and Recommended that the order be adopted.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
UNDER DISCUSSION:
Councilor Lisi stated that the order was from a request of the Personnel Director, noting that the city is having difficulty filling positions and those expressing interest do not meeting the residency requirements. Stated that the intent is to relax the residency requirements for the HR Director and the Acting Treasurer.
Councilor Vacon asked if the HR Director salary had just been increased.
Councilor Lisi clarified that the residency requirement is the item up for discussion.
Councilor Vacon stated she understood that and reiterated her question was on the salary of the HR Director.
Councilor Lisi confirmed.
Councilor Vacon stated that her point was that with the increase to make it competitive, the residency requirement should remain in order to recruit Holyoke residents.
President McGee expressed his preference for Holyoke residents for all city positions, adding that nobody from Holyoke had applied for the positions. Suggested the salary study passage may result in Holyoke residents, adding that they should get preference, but that it was filed as a response to the HR Director’s request.
Councilor Vacon suggested recruiting with the residency requirement in place, noting the argument that the lack of candidates could be attributed to the salary.
Councilor McGiverin expressed support for the order, adding that in advertising for professional positions, there should be a large pool of candidates to choose from with a preference given to residents. Emphasized the importance of getting good people into the positions.
Councilor Lisi noted that in financial management report form DLS, there was a recommendation of removing the residency requirement to allow the city to hire and retain the best talent.
Councilor Leahy recalled a previous order to assure that applicants for the police and fire departments were residents of Holyoke. Stated that when opening up to a larger pool, the city is more apt to get better candidates.
Councilor Murphy expressed that a Holyoke resident that is qualified should get the job, adding that when the city needs to hire for open positions, the city cannot wait due to a lack of candidates.
—> The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Ordinance to whom was referred an order The Ordinance Committee and City Council consider removal of M.G.L. chapter 85, Section 17A, from the city of Holyoke’s list of adopted statutes. The SJC recently ruled the law to be unconstitutional. Moreover, the Law Dept. is recommending this.
have considered the same and Recommended that the order be adopted.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
UNDER DISCUSSION:
Councilor Lisi observed that the order had been filed by Councilor Bartley recognizing that the state statute, known as the panhandling statute, had been declared unconstitutional by the Supreme Judicial Court
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

The Committee on Ordinance to whom was referred an order that the Ordinance Committee consider an ordinance which would create a penalty for any driver handing out anything from the car window as a traffic safety violation.
have considered the same and Recommended that the order be given a leave to withdraw.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
UNDER DISCUSSION:
Councilor Lisi stated that a letter had come from the ACLU explaining that the order would be a violation of free speech.
—> Report of Committee received and recommendation adopted.

(2:36:35)
Motion was made and seconded to suspend the necessary rules and take items 35A and 35B as a package
The Committee on Finance to whom was referred an order Communication from Cinder McNerney detailing the General Fund debt model for the City’s Peck School prospective project.
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

—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order Letter from Lori Belanger responding to questions concerning the need to re-bid and procure services for an Owner’s Project Manager (OPM) and Architect for a proposed new middle school.
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 stated the orders had been taken up to allow any question on the MSBA process for a new school building to be addressed. Observed that Lori Belanger had provided a detailed presentation on the proposal process. Stated that there would be a good chance the MSBA would not fund a new design process. Stated that the bond advisor, Cinder McNerney, provided advice showing that the debt service would be reducing to a point where the schedule for school construction debt service would replace the reductions without additional annual cost. Noted there was no commitment at the time. Emphasized the importance of transitioning older kids into their own schools rather than being combined with younger students. Amended the order so that the reports remain in the archives for the Finance Committee.
—> Report of Committee received and recommendation adopted.

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 “CULTURAL FACILITIES FUND CAPITAL GRANT, $110,000 WITH $110,000 CERTIFIED MATCHING FUNDS, COMPLETION DATE 3/1/2022,” 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 order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
UNDER DISCUSSION:
Councilor McGiverin observed that Kate Preissler attended to present information. Noted that the work is a follow up on previous work, specifically electric related work. Observed that CPA grant funds had been leveraged to qualify for this grant. Also noted that closings due to the pandemic allowed the work to happen on a quicker timeline.
Councilor Murphy commended Kate for her patience on the progress done, noting that there had been concerns on getting issued resolved.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 STUDENT & SENIOR AWARENESS OF FIRE EDUCATION (S.A.F.E.), $9,260, NO MATCH, ” 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 order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
UNDER DISCUSSION:
Councilor McGiverin noted it is an annual grant that is addressed every year. Observed that Fire Chief Przekepowski and Maria Pelchar presented. Noted that Maria works on the application of the grant, including helping seniors with fire safety, providing car seats, working with students on fire safety, among many other focuses. Also noted that there had been a reduction in fire related deaths over 26 years.
Councilor Tallman noted having met with Maria at Community Field for a great event that helped build fire safety awareness in the community.
Councilor Leahy recalled that there had been around 70% reduction in fire related deaths.
Councilor Tallman specified it was 78%.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

(2:51:00)
Motion was made and seconded to suspend the necessary rules to take items 36A, 36B, 36C, and 36D as a package.
The Committee on Public Safety to whom was referred an order League of Women Voters – Request for Holyoke to join neighboring communities in passing a resolution in opposition to the planned Palmer Biomass Power Plant.
have considered the same and Recommended that the order has been complied with.

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
UNDER DISCUSSION:
Councilor Murphy stated that much information on the issue had been provided by the League of Woman Voters and other organizations, as well as a communication from Board of health Director, Sean Gonsalves. Noted that the letter from Gonsalves indicated a concern with the conflict if the city is promoting an effort to reduce particulates that can lead to asthma while also supporting a facility that would produce significant particulate matter. Also noted that Holyoke has some of the worst levels in the state. Added that the state had since ruled against the facility.
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order that the DPW report before the public safety committee to address the city council chamber back room area (mainly addressing upgrades and fixing the odors associated with the area).
have considered the same and Recommended that the order has been complied with.

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
UNDER DISCUSSION:
Councilor Murphy noted that the report indicated that the carpeting should be done in late April or early May. Also noted that DPW is working with plumbing to alleviate the odors.
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order 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.”
have considered the same and Recommended that the order has been complied with.

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
UNDER DISCUSSION:
Councilor Murphy stated that Councilor Barley and many citizens had worked together to discuss a clean up effort. Also noted the need to address concerns with a fence and items being tossed into the area.
Councilor Bartley suggested the new acting mayor keep this in mind. Also expressed appreciation to Sheriff Nick Cocchi, Ed Caisse, and the community service team for helping get this done.
—> Report of Committee received and recommendation adopted.

The Committee on Public Safety to whom was referred an order 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.
have considered the same and Recommended that the order has been complied with.

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee
Michael J. Sullivan
UNDER DISCUSSION:
Councilor Murphy observed that the report had provided a solid list of planned projects, adding that there would be chapter 90 funds used for some of the projects. Stated that 9 streets would have paving work done, as well as micro surfacing on 6 streets. Stated that yard waste facility would be open most weekends, and that curbside pickup had started that week. Also noted that the bulk waste drop-off would be Tuesdays and Thursdays.
Councilor Bartley specified that the time for bulk waste would be 7:30 Am until 2:30 PM.
Councilor Murphy observed there were pothole issues to keep on top of.
Councilor Greaney asked when chapter 90 funds are made available.
President McGee confirmed he would get that date the next day.
Councilor Bartley stated it would likely be at the start of the fiscal year.
—> Report of Committee received and recommendation adopted.

President McGee stated that there were no reports from the Public Service Committee.
(2:58:40)
The Committee on Development and Governmental Relations to whom was referred an order DCR Notice of intent to acquire a conservation restriction on parcels of land, approximately 1,465.81 acres, owned by the Town of West Springfield and located at Bear Hole Reservoir and Paucutuck Brook in West Springfield and the City of Holyoke.
have considered the same and Recommended that the order be adopted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
UNDER DISCUSSION:
Councilor Bartley stated that West Springfield owns 1,450 acres, with approximately 150 within the city of Holyoke. Stated they had worked with DCR and Audubon Society to enter into a conservation restriction, with the town receiving $1 million. Noted he had signed a certificate signing off on the restriction. Added that there was a debate on whether Holyoke should be compensated for the portion within the city. Stated that a communication was sent to Mayor Reichelt of West Springfield asking for Holyoke to be provided 10% of the funds. Noted the letter from their mayor stated he did not have the authority to negotiate the terms.
Councilor Sullivan stated that the committee had practiced good due diligence in sending the letter to West Springfield. Read specific quote from Mayor Reichelt, noting his appreciation “for your diligence on behalf of your own constituents.” Expressed concern that a member of a city board accused committee members of blackmail and extortion.
Councilor Greaney expressed interest in getting more information on the previous statement.
Councilor McGiverin expressed appreciation to the committee for their outreach and for the quick response from Mayor Reichelt. Noted that the land in question is part of a larger system that should be protected. Noted it sits near a quarry. Observed that Holyoke has its own restricted land.
Councilor Tallman expressed his appreciation to the committee, adding that the letter was proper. Noted that the letter also stated that there was a commitment to using the funds for protecting Bear Hole Reservoir. Also noted that DCR could look into a similar conservation restriction for Whiting reservoir in Holyoke.
President McGee stated that the committee had acted correctly, adding that he would always defend City Council members and the work they do.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

Motion was made and seconded to suspend the necessary rules to take late files C and D out of order as a package.
From Mayor Reichelt – Response to DGR Committee on request to share portion of conservation restriction funds
—> Received.
From DGR Committee – Letter to Mayor Reichelt requesting portion of conservation restriction funds
—> Received.

The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application for Anthony W. Dominguez at 50 Upland Rd for a non-conforming structure to change property from non-conforming to conforming to use as a storage area for personal storage and for a vehicle.
have considered the same and Recommended that the application be approved, with the following condition:
That any lighting would not materially affect the abutters.

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 parcel is 150 feet west of his residence. Noted that the parcel has a structure that he would like to use. Stated that it is a buildable lot, and that the petitioner believes that he would like to construct a home down the road. Noted that Councilor McGiverin has questioned the reason for the non-conforming use. Observed that a communication had been received from the Building Commissioner suggesting it wasn’t the best use of the parcel. Also noted that the Ward 5 councilor expressed her approval and that there had been no public opposition to the granting of the special permit.
Councilor Greaney stated he physically visited the property, noting improvement had been done and additional ones were planned.
Councilor Vacon stated she had been in communication with the petitioner, noting his improvement to the property.
Councilor McGiverin expressed agreement with the previous statements and the adoption. Stated he had been curious about the nonconforming use, adding that the garage had been used by the owner of a house on another parcel and had not been sold along with the sale of that property. Noted his curiosity as to how the house was able to be sold without the garage.
Councilor Leahy expressed that the change would be good for the neighborhood. Recalled that the petitioner would be storing his car and adding electricity.
Councilor Anderson-Burgos asked that there were no concerns expressed from the abutters.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

Motion was made and seconded to suspend the necessary rules to take items 38C and 38F as a package.
The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 60 Hamilton Street (Assessors Map 028, Block 04, Parcel 016) as surplus property available for disposition. Said parcel is identified by the Holyoke. The property is approximately 5,749 square feet in size, zoned Highway Business and has an assessed value of $23,000.
have considered the same and Recommended that the order be adopted.

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

—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council, in accordance with the Holyoke Redevelopment Authority’s urban renewal plan entitled, “Connect. Construct. Create. – A Plan for the Revitalization of Center City Holyoke” which was approved by the Holyoke City Council on December 4, 2012 and as amended on December 15, 2020, vote to approve the transfer of 60 Hamilton Street (Assessors Map 028, Block 04, Parcel 016) to the Holyoke Redevelopment Authority for consideration of $1.00.  Said parcel is approximately 5,749 square feet in size, Highway Business and has an assessed value of $23,000.
have considered the same and Recommended that the order be adopted.

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 surplus and the vote are traditionally separate meetings. Noted it is part of South Holyoke Development, adding the intent to support to create needed new housing. Clarified that defining as surplus property would require a two-thirds vote.
Councilor Murphy noted the Greek Orthodox Church owns a lot on the corner, with the hope that it would become part of development to build two or three additional homes.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

Motion was made and seconded to suspend the necessary rules to take item 38E out of order.

The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council, in accordance with the Holyoke Redevelopment Authority’s urban renewal plan entitled, “Connect. Construct. Create. – A Plan for the Revitalization of Center City Holyoke” which was approved by the Holyoke City Council on December 4, 2012 and as amended on December 15, 2020, vote to approve the transfer of 55 Hamilton Street (Assessors Map 028, Block 03, Parcel 006) to the Holyoke Redevelopment Authority for consideration of $1.00. Said parcel is approximately 3,485 square feet in size, zoned Downtown Residential, has an assessed value of $31,500 and was declared surplus property on June 26, 2018.
have considered the same and Recommended that the order be adopted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
UNDER DISCUSSION:
Councilor Bartley noted it to be the same area as the previous orders, adding it is part of the plan for the South Holyoke project. Added the hope that the neighborhood would be improved.
Councilor Murphy stated the plan is to build at least one house, adding that there would be taxes and that it had been an improvement from a plan 3-4 years ago.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).
The Committee on Development and Governmental Relations to whom was referred an order That the Honorable City Council, in accordance with M.G.L. ch. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $6,000 from Gregory M. Virgilio to purchase and 416 Appleton Street which is a vacant lot approximately 2,526 square feet in size. The property is identified in the Holyoke Assessor’s records as Map 061, Block 02, Parcel 014, is zoned Downtown Residential (DR) and has an assessed value of $4,600.
have considered the same and Recommended that the order be adopted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
UNDER DISCUSSION:
Councilor Bartley observed that the abutter had attended City Council meetings many times and owns property at the corner of Appleton and Pine across from the YMCA parking lot. Observed that the parcel had been part of an abutting park with a long history. Observed that the project would provide off street parking for future tenants at 185 Pine St. Noted that the owner offered to give a tour to any councilors that would be interested.
Councilor Tallman noted that the lot had been around for years, adding that some permits still needed to be acquired.
Councilor McGiverin commended the work being done at the 85 Pine St location, with benefit to tenants and the neighborhood.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

The Committee on Development and Governmental Relations to whom was referred an order that the DGR Committee invite in Jim Welch and the CEO of Mira Vista to discuss the Providence Hospital.
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 observed that CEO of MiraVista, Dr. Mike Krupa offered a great summary of the plans for the facility. Noted that many facilities in the city would be providing services for individuals with mental health needed, including this facility as well as Baystate, Providence former Mont Marie, and former Mt. Saint Vincent. Observed it had been a broad discussion on number of beds, jobs, also noting it would be a taxpaying entity. Stated the planned timeline for completion was April or May. Also noted that he mentioned their close work with Baystate to avoid overlapping services.
Councilor Leahy observed that depression is major concern, particularly with the impacts of the pandemic, adding an expectation that the coming years would likely see increased in depressive disorders. Suggested that one of the best fields to go into would be psychiatry, noting that there are not enough beds and providers.
Councilor Greaney recalled that Dr. Krupa described two additional facilities they run, noting the experience that comes with that background.
Councilor McGiverin observed that the discussion was well detailed and explained. Expressed that mental health and substance abuse beds are important, adding that there is value in not losing the drivers alcohol program.
Councilor Tallman noted the importance of keeping local workers and having a taxable base for the city.
Councilor Greaney noted that the original Providence Hospital had been across from the post office in downtown Holyoke.
Councilor Bartley reiterated the value of the experience of MiraVista, noting that it could have been sold to anyone. Stated that the situation could have been a disaster if it had gone another direction.
President McGee expressed his appreciation for the committee’s work to get the information.
—> Report of Committee received and recommendation adopted.

The Committee on Development and Governmental Relations to whom was referred an order discussion of the minutes from the Whiting Reservoir Study Committee
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 commended Councilor Sullivan for the order to put the committee together. Observed that the committee is bearing fruit. Noted that Jeff Horan, Marlene Connor, and Sue Ellen Panitch had represented the committee. Noted that much is being learned from abutters and other stakeholders regarding the reservoir. Encouraged people to watch the videos of the meetings to see the work they’re doing. Stated that there would be a plan to come back in early Fall to offer a recap of hearings planned for early Summer. Reiterated an earlier point that Holyoke could benefit from a conservation restriction at this location.
Councilor Greaney encouraged others to read the committee’s documents, as well as a report from Tighe & Bond with extensive and interesting information.
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

(3:55:10)
GREANEY, JR. Ordered, that Ordered that the DPW act as soon as possible to fill in the Pot Holes along Northampton St. from the Lynch School to the Franciscan Monastery.
Councilor Greaney observed that the stretch of road is an embarrassment and expressed hope that the work would be done.
President McGee noted that they will patch it, adding that the city is seeking a $2.5 million bond from the state to redo the entire strip.
—> Received and adopted. Referred to the DPW.

GREANEY, JR. Ordered, that Ordered that the City Engineer and the DPW expedite placing the speed limit and thickly settled signs on Mountain Rd. as previously discussed in the Public Safety Committee.
—> Received and adopted. Referred to the City Engineer and DPW.

HERNANDEZ, McGee Ordered, that Order that the city council invite in the city solicitor and personnel director to an executive session to discuss the emails councilors have received regarding the DPW.
Councilor Hernandez asked if the order would be referred to committee.
President McGee stated that an executive session would be scheduled.
Councilor Hernandez asked when the executive session would take place.
President McGee stated that schedules of the City Solicitor and the former HR Director would have to be looked at.
—> Received.

HERNANDEZ Ordered, that That a handicap sign be placed in front of 251 Walnut St.
—> Received and referred to the Ordinance Committee.

MCGEE Ordered, that Order that the legal department come before the city council to get and update on the Yale Street project.
—> Received and referred to the Public Service Committee.

MCGEE, Murphy, Tallman Ordered, that Order that the city council approve A RESOLUTION IN OPPOSITION TO STATE INCENTIVES FOR BIOMASS PLANTS AND TO CONSTRUCTION OF ONE SUCH PLANT IN EAST SPRINGFIELD (see attached resolution).
—> Received and referred to the Public Safety Committee.

MCGEE Ordered, that Order to invite in the auditor to discuss and update the council on the rules associated with the ARP Act – auditor to also provide council with update as they become available. Refer to finance.
—> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that That the City Council remove the Enterprise Fund status of the Waste Water Treatment Plant.
—> Received and referred to the Ordinance Committee.

MCGIVERIN Ordered, that That the City Council issue a proclamation of appreciation to Charlie Lotspeich for his 32 years of service at the Holyoke Heritage State Park.
All councilors asked to be added to the order.
Councilor McGiverin stated that the Director of the Children’s Museum, Executive Director of the Volleyball Hall of Fame, and Administrative Manager of the Holyoke Merry-Go-Round all stated that Charlie is retiring April 10th. Stated he is well versed in heritage and history of the city, and always happy to share stories with anyone who wanted to hear them. Added he has taken care of parks and handling events. Observed he had introduced bands at many events such as Celebrate Holyoke. Reiterated that he had spent 32 years offering a great history of the city.
President McGee asked for guidance of commemorating the proclamation.
Councilor McGiverin stated he was not sure of a potential event because of Covid restrictions.
Councilor Greaney suggested holding an outdoor ceremony at Heritage Park.
—> Received.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, FOUR THOUSAND THREE HUNDRED TWENTY SEVEN AND 92/100 Dollars ($4,327.92) as follows:

FROM:
12201-51105 FIREFIGHTER $4,327.92
TOTAL: $4,327.92
TO:
12201-51180 INJURED ON DUTY $4,327.92
TOTAL: $4,327.92

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 6, 2021.

Todd McGee, Mayor

—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, TEN THOUSAND FOUR HUNDRED FORTY SEVEN AND 19/100 Dollars ($10,447.19) as follows:
FROM:
12101-51104 LIEUTENANT $3,807.08
12101-51107 PATROLMEN 6,640.11
TOTAL: $10,447.19
TO:
12101-51180 INJURED ON DUTY $10,447.19
TOTAL: $10,447.19
To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 6, 2021.

Todd McGee, Mayor
UNDER DISCUSSION:
Councilor McGiverin stated the orders are for accounting of officers who are receiving their salaries while out of work due to being injured on duty.
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lebron-Martinez).

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY FIVE THOUSAND EIGHT HUNDRED FOUR AND 30/100 Dollars ($35,804.30) as follows:

FROM:
12102-53001 CRUISER LEASE $35,804.30
TOTAL: $35,804.30
TO:
12103-58000 CAPITAL OUTLAY – MOTOR VEHICLES $35,804.30
TOTAL: $35,804.30

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 6, 2021.

Todd McGee, Mayor
—> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, SIXTEEN THOUSAND FOUR HUNDRED FIFTY FIVE AND 94/100 Dollars ($16,455.94) as follows:

FROM:
12201-51400 LONGEVITY $15,000.00
12201-51462 EAP/MED OFFICER 500.00
12201-51900 IN SERVICE 955.94
TOTAL: $16,455.94
TO:
1273-51000 SAFER GRANT FY2018 $16,455.94
TOTAL: $16,455.94

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 6, 2021.

Todd McGee, 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 “FY2020 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM COVID-19 SUPPLEMENTAL (EMPG-S), $15,500, NO MATCH” 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 6, 2021.

Todd McGee, Mayor
—> Received and referred to the Finance Committee.

MURPHY, Greaney, Jr. Ordered, that Ordered that the joint council/school committee meet with the receiver to discuss the potential benefits of providing cursive writing instruction in some of the early grades.  Studies have demonstrated that learning cursive improves fine motor skills; increases brain activity in both the right and left hemisphere; is a helpful tool for those with learning disabilities; and improves hand eye coordination.
—> Received and referred to the Joint Committee of City Council and School Committee.

MURPHY Ordered, that Ordered that the city council consider adopting a wage theft ordinance for all employers doing projects for the city or receiving special tax incentives by the city similar to Easthampton and Springfield with the following purposes: prevent misclassification of employees as independent contractors; assure that employees are paying all payroll taxes and workers compensation premiums; comply with state laws governing the payment of prevailing wages; assure that contractors provide opportunities for Holyoke residents, veterans, people of color and women.
Councilor Sullivan made a motion to amend the order to clarify that employers are paying payroll taxes and workers compensation premiums. Councilor Murphy seconded the motion. All councilors voted in favor.
Councilor Lisi asked to be added to the order, noting a similar order in the jacket.
—> Received and referred to the Ordinance Committee.

MURPHY, Lisi Ordered, that Ordered that the city charter be amended so that if there is a vacancy in the mayor’s office and the president of the city council cannot assume the duties full time, the full council would then select another councilor to assume the role of acting mayor by majority vote of the council.  The acting mayor would still continue to represent their constituents as a councilor.

—> Received and referred to the Charter and Rules.

MURPHY Ordered, that Ordered that the council work with the city solicitor, the police chief, and our state legislative delegation if needed, to put in place significant penalties for dirt bikers and others endangering the public with their tactics on public streets.  This is both a quality of life issue and a public safety issue that needs addressing.
Councilor Murphy noted that he had at first only received complaints but then observed the issue for himself on Beech St and West Franklin, driving around other vehicles and through red lights. Stated it may need to also be addressed in the Ordinance Committee and receive guidance from the state.
—> Received and referred to the Public Safety Committee.

MURPHY Ordered, that Ordered that the DPW plan for paving the High Street roads from Jackson Street to Appleton Street as soon as possible.  Please reply to the city council as to when this might be completed.
—> Received and adopted. Referred to the DPW.

MURPHY Ordered, that Ordered that the leadership of Holyoke Rows and the parks and recreation director parks commissioners meet with the public service committee to develop a plan to allow more Holyoke youngsters the chance to participate in their summer programming.  Can we develop a plan to reduce the $100 weekly fee for a child, and if so, by how much?  If not, can we seek out sponsors to provide this opportunity for youngsters despite their inability to pay.
—> Received and referred to the Public Service Committee. Copy to Parks and Rec.

MURPHY, Sullivan Ordered, that Ordered that the board of health, the police and the DPW remove the debris which is located adjacent to the billboard on the southeast intersection of Commercial and Cabot Streets.  Please remove the debris, clear the brush and wood piled behind the temporary protection, and specifically to the board of health, work with social service agencies to see if we can help anyone using that location.  In addition, the DPW should assign a crew to clean the northeast side of the structure at 16 Commercial Street which has trash and debris that needs to be cleared as well.
Councilor McGiverin asked if this refers to private property.
Councilor Murphy stated it was part of property that the city had taken over. Also noted that someone is polluting the area beneath the billboard.
Councilor McGiverin noted it would be against the law to clean private property.
Councilor Sullivan stated that someone is living in the structure. Recalled that a year ago, someone had frozen to death in the same location. Also noted it is an illegal structure. Suggested that it is immoral to allow this condition to continue there.
President McGee suggested sending to the departments and if it is private property, they could not do anything.
Councilor Murphy noted that trash from the location ends up all over the area.
Councilor Leahy suggested that if it is private property, there are other avenues to address the issue.
—> Received and adopted. Referred to the Board of Health, Police Department and DPW.

MURPHY, Sullivan Ordered, that the ordinance committee meet with the planning board & the solicitor, to discuss potential zone changes which could create more appropriate requirements to host facilities similar to that proposed at 11 Yale Street, and meet any state required mandates.  Whenever possible, the city should be empowered to reject proposals which might negatively impact the neighborhoods and lead to deteriorating property values and property taxes.  The goal should be to provide excellent facilities for people in recovery while not negatively impacting others.
—> Received and referred to the Ordinance Committee.

SULLIVAN, McGee Ordered, that DPW install glass display cases in the hallways at city hall in order to display historical items.
—> Received and adopted. Referred to the DPW and historical Commission.

VACON Ordered, that That DPW paint the lines in the road marking the two lane left turn at Homestead and Lower Westfield Rd. that have been completely worn away as this is a safety hazard.
—> Received and adopted. Referred to the DPW.

VACON Ordered, that Effective March 26, 2021, for the remainder of 2021 or sooner if allowed by the MA General Court, any Acting Mayor, if accepting the Mayor’s salary, shall be paid on a prorated basis if performing the duties part time
—> Received and referred to the Ordinance Committee.

BARTLEY Ordered, that The DPW install signage at Gilman and Clark Streets to alert motorists there is No Exit.
—> Received and adopted. Referred to the DPW.

BARTLEY Ordered, that The City Forester report to city council’s public safety committee an update on requests for tree remediation proximate to 54 Lawler St. and 219 Suffolk St.
—> Received and referred to the Public Safety Committee. Copy to Forester.

LATE FILED ORDERS & COMMUNICATIONS

From Acting Mayor Todd McGee letter appointing Marc Hickey, 16 Oakwood Ave. to serve as the Republican Member for the Board of Registrar of Voters for the City of Holyoke: Mr. Hickey will replace Mr. Preston Macy and will serve a three-year term; said term will expire on March 31, 2024.
—> Received and referred to the Public Service Committee.

From Acting Mayor Todd McGee letter appointing Mr. Ray Drewnowski, 27 Jarvis Ave. to serve as the Democratic Member for the Board of Registrar of Voters for the City of Holyoke: Mr. Drewnowski will replace Ms. Hayley Dunn and will serve a three year term; said term will expire on March 31, 2024.
—> Received and referred to the Public Service Committee.

From Acting Mayor Todd McGee letter reappointing L. Dorothea MacNeil, 226 Beech St. to serve as the Republican Member for the Board of Registrar of Voters for the City of Holyoke: Ms. MacNeil will serve a three year term; said term will expire on March 31, 2024.
—> Received and referred to the Public Service Committee.

From Damian Cote response to DGR regarding 50 Upland Rd. adjacent to 834 Homestead Ave.
—> Received and referred to the Development and Governmental Relations Committee.

From Kip Foley, letter regarding 11 Yale St.
—> Received and referred to the Public Service Committee.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND DOLLARS AND 00/100 Dollars ($5,000.00) as follows:

FROM:
11751-51109 PAY- SENIOR PLANNER $5,000.00
TOTAL: $5,000.00
TO:
11751-51300 OVERTIME $5,000.00
TOTAL: $5,000.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, April 6, 2021.

Todd McGee, Mayor
—> Received and referred to the Finance Committee.

Petition of Voters in the City of Holyoke requesting a resident-only permit parking in the area in from of 45-52 Canal St. (From Center St. to North East St).
—> Received and referred to the Ordinance Committee.

SULLIVAN Ordered, that the City Council approve the CPA recommendation of $210,000 for the Mayer Field Improvements
—> Received and referred to the Finance Committee.

SULLIVAN Ordered, that the City Council approve the CPA recommendation of $10,000 for the JFK Memorial restoration
—> Received and referred to the Finance Committee.

SULLIVAN Ordered, that the City Council approve the CPA recommendation of $130,677 for the restoration of Fire Engine #9
—> Received and referred to the Finance Committee.

SULLIVAN Ordered, that the City Council approve the CPA recommendation of $40,000 for the Pulaski Park Engineering Study
—> Received and referred to the Finance Committee.

SULLIVAN Ordered, that the City Council approve the CPA recommendation of $60,000 for the War Memorial Facade restoration
—> Received and referred to the Finance Committee.

Councilor Greaney noted it was sad to see the former Lynch School being torn down, noting it had been built by veterans coming back from the Korean War. Stated he had hoped to save it but had not been successful.

 

Adjourn at 11:48 PM.
A true record
ATTEST:

______________________________
City Clerk