Holyoke City Council Meeting May 15, 2018

REGULAR MEETING OF THE CITY COUNCIL
May 15,2018

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

The Clerk called the roll. Absent members: 2 (Lebron-Martinez, Roman) Present Members 11 (Anderson-Burgos, Bartley, Bresnahan, Leahy, Lisi, McGee, McGiverin, Sullivan, Tallman, Vacon, Valentin).

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

Proclamation was presented to Olivia Mausel for her many years of service to the Conservation Commission. Councilor Lisi gave presentation and spoke on Olivia’s dedication and devotion to preserving the rich history of Holyoke.

LAID ON THE TABLE

Motion was made and seconded to suspend the necessary rules and take items 1 & 2 off the table and take as a package.
ROMAN Ordered, that Ordered, that That the Mayor, Chief of Staff, Representatives from UFCW1459, VanPool and the Chief Financial Officer of the School Department attend the Development and Government Relations Committee to discuss a resolution filed to deny the current approved contract.
Recommended the order be complied with
—> Received and adopted.

ROMAN Ordered, that Ordered, that That the School Department provided any and all reports from transportation consultants showing district savings on school department budget.
Recommend the order be complied with
—> Received and adopted.

ROMAN Ordered, that Ordered, that The City Council of the City of Holyoke implores the Mayor of the City, Alex B. Morse, to deny and not sign the current proposed new three year contract for transportation of special needs students.   The proposed contract process, and costs savings proposed in the opinion of the Council does not fully take into account the human cost of proposed cost saving measures, and the outside costs to the City once over 130+ individuals lose their current job security. Also, it does not take into account the uncertainty of impact on the current special needs students and their families.   As such the Council at this time is unable to support the proposed contract.
Furthermore be it resolved that the Council as a body reaffirms and clarifies to the public that the Council has no jurisdiction over said contract and or contract decisions. Said contract lies solely with the Mayor (Head of the School Committee) and the Superintendent (State of Massachusetts appointed receiver of the Holyoke Public Schools).
—> Given leave to withdraw.

PUBLIC COMMENT

Peter McAndrews spoke as head of the Holyoke Teachers Association. Mr. McAndrews asked that the City Council join and advocate for greater resources from the state for the Holyoke Schools. Mr. McAndrews spoke on teacher turnover rate and morale in the schools and how to retain the good educators that the City has. Mr. McAndrews stated that the City should offer compensation that is line and competitive with surrounding communities.
Councilor McGee read message of support from Dr. Zrike for the statement given by Mr. McAndrews. It was noted that Dr. Zrike wanted to attend but that he could not because he was obliged to attend a School Board meeting.
Myra Lamb spoke as a second grade teacher and some of her observations as a teacher. Ms. Lamb spoke on the need for greater teacher autonomy in the schools. Ms. Lamb spoke and asked for support in restoring autonomy for teachers in their class rooms.
Trisha Keene spoke as a former teacher in the City. Mrs. Keene spoke on Holyoke teacher’s compensation and the need to pay good educators in the City. Mrs. Keene spoke on some of the issues and problems teachers go through and how they can be addressed.

COMMUNICATIONS

Motion was made and seconded to suspend the necessary rules and take item 35 out of order:
MCGEE Ordered, that the DG&R committee invite in our state delegation/leaders to address concerns and offer up options on changing the city’s formula for State funds to assure a quality education for our students.  In doing so, we would need to look closely at Chapter 70 funding as well as charter reimbursement. Clearly, our district is in need of additional resources. The current path is not sustainable.
—> Received and referred to the Development and Governmental Relations Committee.

From Mayor Alex B. Morse, letter appointing Mr. Price Armstrong, 27 Park Slope to serve as a member of the Conservation Commission for the City of Holyoke: Mr. Armstrong will replace Ms. Ellen Bernstein and will finish her term; said term will expire February 1, 2019.
—> Received and referred to the Public Service Committee.

From Mayor Alex B. Morse letter appointing Ms. Kristen Beam, 63 Cherry Hill as a member of the Holyoke Economic Development and Industrial Corporation (HEDIC): this seat on the Board of Directors represents the at-large sector, Ms. Beam will replace Mr. Kip Foley and will serve a three year term which will expire on June 30, 2021.
—> Received and referred to the Public Service Committee.

From Mayor Alex B. Morse letter reappointing Ms. Gladys Lebron-Martinez as a member of the Holyoke Redevelopment Authority: Ms. Lebron-Martinez will serve a five year term; said term will expire on November 1, 2022.
—> Received and appointment confirmed.

Motion was made and seconded to suspend the necessary rules and take items 7-8 as a package
From Paul Payer, City Solicitor re: Collective Bargaining Agreement with IAFF Local 1693, Holyoke Firefighters.
—> Received and referred to the Finance Committee.

From Paul Payer, City Solicitor, re: Collective Bargaining Agreement with UFCW Local 1459, DPW Laborers.
—> Received and referred to the Finance Committee.

Motion was made and seconded to suspend the necessary rules and take items 9 &12-14 as a package
From Irma Cruz Assistant City Clerk, minutes of May 1, 2018.
—> Received and adopted.

From Board of Fire Commission minutes of March 21, 2018.
—> Received.

From Parks & Recreation Commission minutes of March 15, 2018.
—> Received.

From Board of Public Works minutes of March 12, 2018.
—> Received.

From Michael P. McManus, Superintendent DPW letter re: Sewer Shut-off program update.
—> Received and referred to the Finance Committee.

From Devin Sheehan, Chair Building Committee Holyoke Public Schools, letter re: Holyoke Middle Schools Project.
—> Received and referred to the Joint City Council and School Committee.

From residents of Village Road letter and petition requesting a new street.
—> Received and referred to the Public Safety Committee. Copy to DPW.

Communication re: passage of bill to make purple heart trail official in Southwick, Mass.
Under discussion:
Councilor Bartley spoke on the communication and stated that the Purple Heart trail started in the City of Holyoke and mentioned the various communities that it now runs through. Councilor Bartley congratulated the City Council for participating and being the start of the Purple Heart trail. —> Received.

PETITIONS

Motion was made and seconded to suspend the necessary rules and take items 17-19 as a package
Petition of Gabriel Serrano, for a renewal of a second hand license at 2020 Northampton St.
—> Received and Adopted on a call of the roll of the yeas and nays –Yeas 8–Nays 0–Absent 5 (Bresnahan, Lebron-Martinez, Roman, Sullivan, Tallman).
Approved by the mayor.

Petition of Record Town Inc. d/b/a FYE #725, for a renewal of a second hand license at 50 Holyoke St. (Holyoke Mall)
—> Received and Adopted on a call of the roll of the yeas and nays –Yeas 8–Nays 0–Absent 5 (Bresnahan, Lebron-Martinez, Roman, Sullivan, Tallman).
Approved by the mayor.

Petition of Gerardo Ramos for a renewal of a home occupation for a wholesale on-line retail business at 275 Sargeant St.
—> Received and Adopted on a call of the roll of the yeas and nays –Yeas 8–Nays 0–Absent 5 (Bresnahan, Lebron-Martinez, Roman, Sullivan, Tallman).
Approved by the mayor.

It was noted that each of the applications were renewals. Council President McGee confirmed that each applicant was up to date on all municipal taxes and fees.
Petition of Canna Provisions, Inc. for a special permit for recreational Marijuana Dispensary at 380R Dwight St.
—> Received and referred to the Ordinance Committee.

PRESIDENT’S REPORT:

Presidents Report: Councilor McGee welcomed back City Clerk Brenna Murphy McGee. It was noted that Councilor Roman is traveling and could not attend the meeting. Councilor McGee acknowledged that it was Gladys Lebron-Martinez birthday and the Council wished her a happy birthday. It was noted that Councilor Lebron-Martinez would not be attending the meeting. Councilor McGee stated that he had a discussion with Kathy Anderson some businesses are looking to give tours to the City Council Councilor McGee mentioned some of the businesses and dates that tours could potentially take place. Councilor Leahy stated that he would like to see a tour set up for ISO New England. Councilor McGee spoke on discussions with Dr. Zrike and his intention to do something fun within the community. It was noted that there would be a community reading contest for the summer. . Councilor McGee stated that Councilors would be able to volunteer to read to children in the schools. Councilor McGee gave update on meeting that took place between himself and Councilor Vacon and the Mayor to discuss the salary study that is currently in the Ordinance Committee. Councilor McGee spoke on the budget process and noted that the Council would be looking to set up budget hearings with the various department heads in the near future. A moment of silence was observed for Mr. Edward Prazjner, Mr. Albert Stanek, and Mr. E. Roger Lussier, all upstanding and commendable Holyoke residents that had recently passed away. Todd McGee noted that Councilor Bartley has filed an order to again celebrate September 18th for Holyoke Day at the Big E and so Councilors should keep that in their calendar. Councilor McGee stated that he has received some requests from residents and citizens to keep discussions cordial and to ensure that everyone keeps good decorum in the Council Chambers. Councilor Lisi spoke on the DPW implementing water shut off for overdue sewer bills and noted some of the collections that have taken place.

REPORTS OF COMMITTEES

The Committee on Ordinance to whom was referred an order that Section 6.4.7 of zoning be sent back to ordinance to be amended in order to be in conformity with the rest of the sign ordinances under the zoning code
have considered the same and Recommend that the order be adopted as amended .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
Under discussion:
Councilor Vacon spoke on the order and gave background of discussion that took place in Ord. Committee. It was noted that the order was refiled because there was some conflicts within the previously adopted ordinance that created a problem for issuance of a building permit. Councilor Vacon noted that the Ord. Committee stuck to a narrow change in that previously passed ordinance that fixed the technical problems within the Ordinance so that permits could be issued. Councilor Vacon gave brief overview of recommendation presented to the Ord. Committee from the Planning Board. Councilor Vacon stated that the signs would be allowed only in the IG zone. Motion made and seconded to amendment language to a.) Remove section defining billboards b.) Motion made and seconded to add annual reviews by the City Council to ensure compliance. Both amendments were approved by voice vote. Councilor Lisi gave info and spelled out exactly where in the overlay zones off premise signage would be allowed. Councilor Lisi stated that she believes the language regarding billboards should be retained and not amended out of the language and gave various reasons why.
—> 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 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 21B & 21C as a package
The Committee on Ordinance to whom was referred an order that the city creates an ordinances on recreational marijuana regarding the taxation of the products that will be manufactured and or sold.
have considered the same and Recommend that the order be adopted .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
Under discussion:
Councilor Vacon spoke on the order and noted that legal advised that the language included was the language provided by the state and had the maximum taxation that can be imposed.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).

The Committee on Ordinance to whom was referred an order that the City of Holyoke accept M.G.L.c. 64N Sec 3 to impose an excise on the retail sales of marijuana for adult use at the rate of 3%
have considered the same and Recommend that the order be adopted .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 21D & 21E as a package
The Committee on Ordinance to whom was referred a Handicap parking application for Ana Cruz at 49 No. East St.
have considered the same and Recommend that the order be denied .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
Under discussion:
It was noted that disabilities commission did site visits and recommended that the applications be denied because they were not warranted.
—> Report of Committee received and recommendation adopted.

The Committee on Ordinance to whom was referred a handicap parking application of Heriberto Morales at 179 Oak St.
have considered the same and Recommend that the order be denied .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
—> Report of Committee received and recommendation adopted.

The Committee on Ordinance to whom was referred an order that The City Council review the fee schedule in the blighted property ordinance (18-35) for the purpose of ensuring that our fees do not discourage receivers and developers from buying and rehabilitating housing in poor condition.  Specifically, the city should grant receivers and other developers a one year grace period in which the vacant building registration fee would be waived which would allow the developer time to fix a property so that’s it’s ready for occupancy.  City Council should also be sure that the Building Commissioner and Health Dept. work together and that each department works with developers/receivers as well as protects the public.
have considered the same and Recommend that the order be adopted as amended.

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
Under discussion:
Councilor Vacon spoke on the order and why the Committee voted to adopt it. Councilor Vacon also addressed the fee schedule that created conflicts within the ordinance and department policies. It was noted that goal was to give people who take on blighted properties time to make improvements and investments without being overly subjected to punitive fees. It was noted that the idea of the fees was to ensure continuing renovation and development at these locations and maintain a good balance in encouraging development and renovation of blighted buildings.
—> 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 0–Absent 3 (Lebron-Martinez, Lisi, Roman).
Approved by the Mayor.

The Committee on Ordinance to whom was referred an order to establish a fee to accompany tort claims to the city law department. Suggested fee $15.00, successful claims would be granted fee reimbursement.
have considered the same and Recommend the order be adopted.

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
Under discussion:
Councilor Vacon stated that the order is straight forward and noted that the Law Dept. explained that there is quite a bit of overhead work that goes into processing tort claims and noted that many other communities are implementing these kinds of small fees in order to cover these costs.
—> 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 1 (Bresnahan)–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred a Financial Transfer request of $1,000 FROM Asst. Reg of Voters TO: Temporary/Seasonal
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin spoke and explained that there is a surplus in the account to pay registrar of voters because the City registrar retired. It was noted that his money would allow the Clerks office to get some temp. and seasonal help for doing the census.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 2 (Lebron-Martinez, Roman). Councilor McGee did not vote or participate in discussion on this item.
Approved by the Mayor.

The Committee on Finance to whom was referred an order  that there be and is hereby appropriated by transfer in the fiscal year 2018, Ten Thousand and 00/100 Dollars ($10,000) as follows:
FROM:
*****-*****    Free Cash        $10,000
TOTAL:    $10,000
TO:
12202-52410    R&M – Motor Vehicles        $10,000
TOTAL:    $10,000
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin spoke on the order and explained the transfer. It was noted that the money would be coming out of free cash and go to repair and maintenance of motor vehicles in the Police Dept. It was noted that the Chief also gave status of the HPD fleet and noted that the Chief said that this transfer should be enough to get the City through the fiscal year. Councilor McGiverin gave updated status of the free cash account. Councilor McGiverin stated what the status of free cash would be if the three free cash transfers were adopted.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 1 (Bresnahan)–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred an order Ordered that there be and is hereby appropriated by transfer in the fiscal year 2018, Nineteen thousand six hundred and 00/100 Dollars ($19,600) as follows:
FROM:
12101-51109    PAY-Reserve Officer        $19,600
TOTAL:    $19,600
TO:
12102-53190    Education and Training        $12,600
12102-55860    Personnel Equipment        7,000
TOTAL:    $19,600
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin spoke on the order and noted that there was surplus in reserve officers pay salary. Councilor McGiverin stated that the money would go to education and training of reserve officers that were about to be made into full police officers themselves.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred an order Ordered that there be and is hereby appropriated by transfer in the fiscal year 2018, Seventy-five thousand and 00/100 Dollars ($75,000) as follows:
FROM:
*****-*****    Free Cash        $75,000
TOTAL:    $75,000
TO:
11512-53010    Special Counsel        $75,000
TOTAL:    $75,000
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin spoke and stated that the Council was given a full run down of outside counsel cases and litigation in executive session. Councilor McGiverin stated that the feeling of the Committee was that the money needed for outside counsel was legitimate and needed and should be transferred.
—> Report of Committee received and Denied on a call of the roll of the yeas and nays –Yeas 7 (Anderson-Burgos, Bartley, Leahy, Lisi, McGiverin, Tallman, Valentin)–Nays 4–Absent 2 (Lebron-Martinez, Roman).
A motion was made and seconded to reconsider the action.
Motion was made and seconded to lay the item on the table.
Laid on the table.

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 “AMERICAN LEGION PATRIOTIC EVENTS” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion
Councilor McGiverin spoke and noted that the American Legion Post 325 donated 1,000 dollars to help with replacing new American flags for the Veteran Affairs Board and that there was no matching funds needed. It was noted that the donation needed to be put into proper form and that this order represented it being put in front of the Council in proper form:
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

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 “PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Bicycle Enforcement grant: Councilor McGiverin gave information provided by the Chief of Police in the Finance Committee. It was noted that the Finance Committee felt the grant was a good one for community policing and protecting pedestrians in the City.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 22G & 22H as a package
The Committee on Finance to whom was referred an order that the amount of One thousand six hundred sixty-five and 00/100 Dollars ($1,665.00) be authorized from the DPW Department’s Professional Services (14222-53010), Ninety-five and 00/100 Dollars ($95) be authorized from the Professional Services (14222-53010) appropriation in fiscal year 2018 for services rendered in fiscal year 2017 which were unencumbered at the 2017 fiscal year end.
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGee stated that if these orders were adopted it would solve the Grinn and Barrett situation and allow the City to pay for the Govt. portraits that were currently past due.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 1 (Bresnahan)–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred an order that the amount of Two thousand two hundred twenty-one and 65/100 Dollars ($2221.65) be authorized from the DPW Department’s Professional Services (14222-53010), Seventy-eight and 00/100 Dollars ($78) be authorized from the Professional Services (14222-53010), Ninety-five and 00/100 Dollars ($) be authorized from the Professional Services (14222-53010) appropriation in fiscal year 2018 for services rendered in fiscal year 2017 which were unencumbered at the 2017 fiscal year end.
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 1 (Bresnahan)–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, Thirty-three thousand and 00/100 Dollars ($33,000) as follows:
FROM:
12101-51109    PAY-Reserve Officer        $20,000
12101-51323    Snow Tow        13,000
TOTAL:    $33,000
TO:
12102-52410    Motor Vehicle Repairs        $20,000
12102-54830    Motor Vehicle Supplies        13,000
TOTAL:    $33,000
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin spoke on the order and noted that DPW Director Mike McManus stated that the money was available from DPW because it was a relatively quiet winter and there was not a lot of tows needed.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, Four thousand and 00/100 Dollars ($4,000) as follows:
FROM:
12401-51105      Pay- Plumbing Inspector                        $4,000
TOTAL:$4,000
TO:
12402-53040      Inspections-Plumbing                $4,000
TOTAL:$4,000
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin explained the order noting that the permanent plumbing inspector has resigned and that this money is needed for those who are doing the work. It was noted position is being advertised and will be refilled.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 2 (Lebron-Martinez, Roman). Councilor Lisi did not vote or participate in discussion on this item.
Approved by the Mayor.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, Twenty thousand and 00/100 Dollars ($20,000) as follows:
FROM:
12941-51104      Tree Climber                 $20,000
TOTAL:$20,000
TO:
12942-53010      Contract Services                      $20,000
TOTAL:$20,000
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee

Under discussion:
Councilor McGiverin stated the explanation given by Mike McManus and noted that tree removal is a necessary service in the City and that this transfer would allow for timely and adequate tree removal. Councilor Sullivan stated that nobody will take this position for the pay the City is offering because you have to have certain licensing. Councilors spoke on the list of trees that need removing and stated that the City should try to obtain the list of trees that need to be removed and that Councilors were hesitant to go ahead with the transfer if the list is not provided and people are unwilling to take on the position.
—> Report of Committee received and Denied on a call of the roll of the yeas and nays –Yeas 8 (Bartley, Bresnahan, Leahy, McGiverin, Sullivan, Tallman, Vacon, Valentin)–Nays 3–Absent 2 (Lebron-Martinez, Roman).
A motion was made and seconded to reconsider the action.
Motion was made and seconded to lay the item on the table.
Laid on the table.

The Committee on Finance to whom was referred an order that City official appraise the City Council on the status of the repairs (including the collection mechanism) at the two parking garages (Mayor Proulx, Mayor Taupier) as well as provide contract information on the new parking vendor.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin gave overview of the discussion that took place with Mike McManus. It was noted that there has not been any improvement since the last time the order was taken up. It was noted that a status update was provided and Councilor McGiverin gave full overview of information that was learned in committee meeting.
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order That Holyoke Media Inc. appear before the City Council to explain the use of cable fees and provide the City Council with legal documentation that authorizes the creation of Holyoke Media Inc and a copy of the organizational corporate papers.  That Holyoke Media also provides a financial report and audit of the finances.  Cable subscribers in Holyoke are paying $5.00 per month in comparison to 50 cents per month paid by subscribers in other towns.  Many cable customers are questioning the use of their cable fees which now totals approximately one million dollars.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin gave overview of the background of PEG Access and now Holyoke Media was created. Councilor McGiverin gave full summary of information that was received by the Finance Committee noting that nearly all of the information requested was submitted. It was noted DGR Committee would also be meeting with Holyoke Media to get more information and to get presentation as to what the status of the group is.
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

Motion was made and seconded to suspend the necessary rules and take items 28-29 as a package
BRESNAHAN Ordered, that That the city of Holyoke create an ordinance to permit and regulate Air B and B within Holyoke
—> Received and referred to the Ordinance Committee.

BRESNAHAN Ordered, that the Ordinance committee call in Fire Dept., Health Dept. and any other depts. deemed appropriate in an effort to create an Ordinance that permits, and regulates Air B+B’s in the City of Holyoke.
—> Received and referred to the Ordinance Committee.

LEAHY, McGee Ordered, that the treasurer provide all the bank statements regarding the debit card, this was requested and it is now past the 10 day request period.
—> Received and adopted. Copy to Finance.
Approved by the Mayor.

LISI Ordered, that the City Council adopt a Resolution to Support local Control over Municipal Clean Energy Standards and Portfolios (see attached)
Under discussion:
Councilor Lisi spoke on the order and stated that she spoke with Rep. Vega and Jim Lavelle and stated that this would be a good resolution. Councilor Bresnahan stated that would like to have some more time to read and understand the resolution. Councilor Leahy also stated that he would like to have Mr. Lavelle in for a discussion.
—> Received and referred to the Public Service Committee.

LISI, Tallman Ordered, that the Holyoke Police Department provide the accident records for the past 5 years for the corner of Hampden and Northampton St’s and that they be evaluated with the City Engineer to see if traffic changes are needed in the area
—> Received and referred to the Public Safety Committee. Copy to Police Department and Engineer.

MCGEE Ordered, that the forestry Dept and DPW remove the tree at 21 Dartmouth, it is unsafe.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

MCGEE, Tallman Ordered, that permanent speed bumps be installed on Bemis Road, attached is the petition by residents requesting the speed bumps.
—> Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules and take items 36-38 as a package
MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2018, Seven thousand three hundred sixty-seven and 48/100 Dollars ($7,367.48) as follows:

FROM:
12101-51107 Patrolmen $7,367.48
TOTAL: $7,367.48
TO:
12101-51108 Injured on Duty $7,367.48
TOTAL: $7,367.48

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2018, SIx thousand twenty-two and 06/100 Dollars ($6,022.06) as follows:

FROM:
12201-51105 Firefighters $6,022.06
TOTAL: $6,022.06
TO:
12201-51180 Injured on Duty $6,022.06
TOTAL: $6,022.06

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2018, Six thousand twenty-two and 06/100 Dollars ($6,022.06) as follows:

FROM:
12201-51105 Firefighters $6,022.06
TOTAL: $6,022.06
TO:
12201-51180 Injured on Duty $6,022.06
–
TOTAL: $6,022.06

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Roman).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 39-45 as a package
MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2018, Eleven thousand and 00/100 Dollars ($11,000.00) as follows:

FROM:
12201-51770 Non-Contrib Pensions $11,000
TOTAL: $11,000.00
TO:
12201-51101 Pay-Fire Chief $11,000
TOTAL: $11,000.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

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 2018, Nine thousand one hundred ninety and 16/100 Dollars ($9,190.16) as follows:

FROM:
12101-51107 Patrolmen $6,682.16
12101-51109 Reserves 2,608.00
TOTAL: $9,190.16
TO:
12101-51180 Inj on Duty $6,682.16
12101-51440 Sick Bonus 2,608.00
TOTAL: $9,190.16

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

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 “2017 Mass Works Infrastructure” 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, May 15, 2018.

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 2018, Fifteen thousand five hundred one and 00/100 Dollars ($15,501.00) as follows:

FROM:
14261-51104 Pay-Foreman ME Repair $15,501.00
TOTAL: $15,501.00
TO:
14221-51103 Building Maintenance Man $400.00
14221-51104 Laborer 385.00
14251-51104 HMEO 5,925.00
14251-51105 Power Shovel Operator 1,335.00
14261-51102 Repairman 1,766.00
14261-51103 Maintenance Man 540.00
14301-51102 HMEO 3,820.00
14301-51104 MEO-Recycling 1,330.00
TOTAL: $15,501.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

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 2018, Five thousand three hundred and 00/100 Dollars ($5,300.00) as follows:

FROM:
14261-51104 Pay – Foreman ME Repair $5,300.00
TOTAL: $5,300.00
TO:
14221-51400 Longevity $635.00
14251- Longevity 1,960.00
14261- Longevity 485.00
14301- Longevity 1,070.00
14801- Longevity 200.00
16501- Longevity 950.00
TOTAL: $5,300.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

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 2018, Three thousand six hundred fifty-nine and 00/100 Dollars ($3,659.00) as follows:

FROM:
14261-51104 Pay-Foreman ME Repair $3,659.00
TOTAL: $3,659.00
TO:
14801-51101 Parking Officer $425.00
16501-51106 HMEO 764.00
16501-51109 Parks Maintenance Man 2,045.00
16501-51110 Parks Maintenance Craftsman 425.00
TOTAL: $3,659.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

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 2018, One hundred fifty-five thousand five hundred seventy-one and 90/100 Dollars ($155,571.90) as follows:

FROM:
8810-10400 Stabilization Fund — Cash $155,971.90
TOTAL: $155,571.90
TO:
12201-51101 Pay-Chief $2,408.59
12201-51102 Pay-Dep. Chiefs 11,115.47
12201-51103 Pay-Capts. 14,416.57
12201-51104 Pay-Lieuts. 31,467.63
12201-51105 Pay-Firefighters 87,851.85
12201-51110 Pay-Alarms 8,311.79
TOTAL: $155,571.90

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

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

VALENTIN, Tallman Ordered, that the Treasurer’s office come into Council Chambers to offer a detailed update regarding properties that were sold during the last two City auctions.
—> Received and referred to the Finance Committee. Copy to Treasurer.

VALENTIN Ordered, that the City Council hereby: (1) Declares that the land at 416 Appleton Street (Board of Assessors’ parcel 061-02-014) has not been used for a park or open space and is not needed for such purposes. (2) Petitions the General Court of the Commonwealth for a Special Act to remove 416 Appleton Street from the Provisions of Article 97 of the Massachusetts Constitution. (3) Proposes to substitute or swap the Article 97 designation on 416 Appleton Street, replacing it with a designation on land associated with Holyoke’s Center City Pedestrian Plaza as part of the petition to the General Court of the Commonwealth, and in compliance with state regulations enacted by the Massachusetts Executive Office of Energy and Environmental Affairs. (4) Designates 30 John Street (parcel 013-04-006); and the northernmost portion of 505 Dwight Street (parcel 013-04-003) which is approximately 4,625 square feet of vacant land, for open space and recreational purposes
—> Received and referred to the Development and Governmental Relations Committee.

BARTLEY Ordered, that Order that the DPW Superintendent and City Engineer look at making the top of Hitchcock St (where it merges with Westfield Rd.) safer. This would include possibly limiting parking on the south side of Hitchcock St. and eliminating or moving the PVTA bus stop as well as trimming or ordering the removal the hedges at 97 Hitchcock St to allow for better visibility.
—> Received and referred to the Public Safety Committee.

BARTLEY Ordered, that Order that a border/boundary sign be placed on the city line between West Springfield and Holyoke on Bobala and Interstate Drives. Order that the DPW contact the Town of W. Springfield as perhaps it would like to share in the cost.
—> Received and adopted. Copy to DPW & Mayor.
Approved by the Mayor.

BARTLEY, Bresnahan Ordered, that The City Council create a Home Rule Petition that limits the Executive branch/Mayor to asking only one government body (such as City Council or Holyoke Redevelopment or HEDIC or Holyoke Housing Authority) to purchase, declare surplus or take via eminent domain any real property. The home rule petition would mandate the Mayor/Executive branch gets only one bite at the apple: once a vote is made then that shall remain in effect for two years. The purpose is to effectuate the governing body’s vote and the intent of the City Charter, City ordinance and MA general laws, that the City Council maintain a decision-making role in all matters concerning real property affecting the City of Holyoke. This order comes because of a recent $30,000 purchase of 515-519 Dwight St. (directly across the street from City Hall) by the Holyoke Housing Authority (HHA) recorded 11/30/17 (See attached property deed). Earlier that year, the City Council, at a vote of committee on June 5, 2017, and a vote of the full Council on June 6, 2017, by an 8-3 margin, denied taking 515-19 Dwight St. via eminent domain. However, the Mayor and director of OPED persuaded the HHA to procure the site for $30,000 from the property owner via a straight purchase and sale agreement. The deed to HHA from the site owner was recorded 11/30/17 at Book 21967, Page 228, in the Hampden County Registry of Deeds. Thereafter, the City of Holyoke, via CDBG funds, not approved by Holyoke City Council but given approval by HUD, reimbursed HHA via a check dated 1/29/18. Lastly, I note for the City Council record that the HHA has four members appointed by the Mayor and one by the Governor.
—> Received and referred to the Charter and Rules Committee.

BARTLEY, Anderson-Burgos, Bresnahan, Leahy, Lebron-Martinez, Lisi, McGee, McGiverin, Roman, Sullivan, Tallman, Vacon, Valentin Ordered, that The City Council give a proclamation to Mark Todd, Holyoke Public School (HPS) teacher, to recognize his recent statewide award from the Ernie Boch, Jr., foundation and to express our gratitude for his and his students’ contributions to Holyoke’s rich musical legacy. We further request that Mr. Todd bring the HPS Madrigal Choir with him to a future city council meeting.
—> Received and adopted.

BARTLEY Ordered, that HG&E install a street lamp on Eastern Promenade at pole #1.
—> Received and adopted. Copy to Mayor and DPW.
Approved by the Mayor.

BARTLEY, McGee Ordered, that City council consider suspending city council rules to reschedule the first meeting in September due to the MA state primary and also the city council suspend its rules and reschedule or cancel the September 18 meeting to allow members time to participate in the 7th Annual Salute to Holyoke Parade at The Big E.
—> Received and adopted.

BARTLEY Ordered, that the Honorable City Council, in accordance with the Massachusetts General Laws and the City of Holyoke Code of Ordinances, vote to approve the Order of Taking for certain takings in fee, permanent easements and temporary easements and thus acquire by right of eminent domain, in consideration for just compensation unless previously waived, parcels identified as Parcel No. 1, Parcel No. 2; and as PE-7B, PE-8; and as TE-2, TE-12, TE-20, and TE-21, on said plan titled “Massachusetts Department of Transportation Highway Division Transportation Plan and Profile of Dwight Street, Heritage Street, and Front Street in the City of Holyoke, Hampden County”, Project No. 607256, for the public purpose of the completion of the Roadway Improvement Project at Dwight, Heritage and Front Streets. The nature of this taking requires a public hearing before the City Council pursuant to Section 78-83 of the City of Holyoke Code of Ordinances.
—> Received and referred to the Development and Governmental Relations Committee.

LATE FILED ORDERS & COMMUNICATIONS

MCGIVERIN Ordered, that an ordinance be adopted establishing and authorizing all existing revolving funds in accordance with Massachusetts General Laws Chapter 44, § 53E½.  The Massachusetts Municipal Modernization Act requires that, effective in FY19, all revolving funds are to be authorized by ordinance rather than an annual legislative body vote. The legislative body must still vote on or before July 1 on the amount that may be spent from each fund during the upcoming fiscal year.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

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

MCGIVERIN 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 kindergarten or any grades 1 through 12; measured from the lot lines of impacted properties to zero (0.0) feet as permissible under M.G.L. 94g, Section 5(b)3.”
—> Received and referred to the Ordinance Committee.

FY2019 Municipal Budget
—> Received and laid on the table.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2018, Seventy-nine thousand and 00/100 Dollars ($79,000) as follows:

FROM:
8810-10400 Stabilization Fund Cash $79,000
TOTAL: $79,000
TO:
11552-53100 Software License $44,000
11552-53180 System Hardware 35,000
TOTAL: $79,000

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 15, 2018.

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

SULLIVAN, McGee Ordered, that That the Charter and Rules Committee look to combine the Tax Collector and Treasurer’s Office into one office in order to create a new financial department to better help the city and its finances.
—> Received and referred to the Charter and Rules Committee.

 

Adjourn at 09:42 PM.
A true record
ATTEST:

______________________________
City Clerk