Holyoke City Council Meeting May 21, 2019

REGULAR MEETING OF THE CITY COUNCIL
May 21,2019

The meeting was called to order by President McGee at 07:06 PM.

The Clerk called the roll. Absent members: 0 Present Members 13 (Anderson-Burgos, Bartley, Bresnahan, Leahy, Lebron-Martinez, Lisi, McGee, McGiverin, Murphy, Sullivan, Tallman, Vacon, Valentin).

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

 

LAID ON THE TABLE

FY2020 Municipal Budget
—> Received and laid on the table.

MCGIVERIN Ordered, that Ordered, that the City appropriates the amount of one hundred thirty-one million, four hundred forty-six thousand, eight hundred four Dollars ($131,446,804) for the purpose of paying costs of designing, site preparation, including demolition and abatement as necessary, constructing, furnishing and equipping a new middle school of approximately 105,440 square feet, more or less, to be constructed on the open block bounded by Cabot, Chestnut, Hampshire and Elm Streets in Holyoke, Massachusetts, and a new middle school of approximately 105,480 square feet, more or less, to be constructed on the site of the existing William R. Peck School located at 1916 Northampton Street in Holyoke, Massachusetts, including the payment of all costs incidental or related thereto (the “Projects”), each of which school facilities shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, and for which the City may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of the School Building Committee. To meet this appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under M.G.L. c. 44, or pursuant to any other enabling authority. The City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Projects shall not exceed the lesser of (1) eighty and zero hundredths percent (80.00%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. c. 44, §20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. The Treasurer is authorized to file an application with the appropriate officials of The Commonwealth of Massachusetts (the “Commonwealth”) to qualify under Chapter 44A of the General Laws any and all bonds or notes of the City authorized by this order and to provide such information and execute such documents as such officials of the Commonwealth may require in connection therewith. No amounts shall be borrowed or expended hereunder unless the City shall have voted to exempt from the provisions of Proposition 2 ½, so-called, the amounts required to pay for the bonds issued pursuant to this order.
—> Received and referred to the Finance Committee.

PUBLIC COMMENT
Jon Michaelson: spoke in favor of allowing the public to vote on the schools

Bill Rogowski spoke: on the issue of allowing the debt exclusion order should go to the ballot or not. Mr. Rogowski stated that the it would be great if the project could be funded without a tax increase but stated that a tax override would put an undue burden on businesses.

Helene Florio spoke on the debt exclusion override order and noted that small business are hurting and spoke against raising taxes on businesses and residents.

Leah Destromp spoke in favor of allowing the debt exclusion override order going to ballot and for giving residents an opportunity to have a say in the process.

Jennifer Moscowski and husband Scot Welch spoke and stated that the voting public should have the ability to vote and that children should be able to have a good future and the voters should decide the issue.

Patty Lubold spoke and brought up school building reports that were commissioned by the City and noted that the schools are currently a security risk and that there are problems with roofs and air quality. Mrs. Lubold stated that its time the City invests in the community.

Mark Lubold spoke and stated that he owns a business in the City and stated that he is 100 percent in favor of putting the question on the ballot. It was noted that buildings get an F by the building commission and that the City has an opportunity to build new schools and solve the issue.

Erin Brunelle: spoke in favor of the debt exclusion override and allowing the proposed ballot question to move forward

Linda Pratt spoke and stated that she moved to Holyoke recently and stated that she is willing to pay a tax increase to pay for new schools.

Adam Kapowski spoke in favor of new schools and putting the debt exclusion override question on the ballot.

Heidi Kennedy spoke in favor of the new schools and allowing the debt exclusion override to go to the ballot.

Mildred Lefebvre Ward 1 School Committee member spoke in favor of the debt exclusion override and stated that people should be allowed to vote on this proposal.
Ian (inaudible) spoke in favor of the construction of the two new schools in the City of Holyoke.

Jaqueline Velez spoke and stated that she is a neighbor to neighbor organizer and stated that she is in favor of the construction of two new schools and investing in the children of Holyoke.

Aviva Klakasky spoke and stated that she is in full support of the project to get the two schools under consideration and stated that whichever side someone sits on the issue everyone she has spoken with has stated that the proposal needs to go to a vote.

Devin Sheehan spoke that the project that includes two buildings is the only project going forward and that the current proposal is the only one that will be able to get through with State approval. Mr. Sheehan stated that he believes the issue should go to ballot.

Patrick O’connor spoke and stated that he is in favor of the construction of two schools and stated that the facts say that the school buildings are dilapidated.

Councilor McGee spoke and gave overview of the process that is taking place with the City Council review of whether to move forward with the debt exclusion ballot question. Councilor McGee stated that right now he and Councilors are working hard to try to encourage the state to increase the funding percentage for the two schools in order to lessen the potential tax burden on residents and businesses. Councilor McGee asked that people call the State Treasurers office in order to ask that the Treasurer take a tour of the Holyoke Schools to show exactly why the City deserves the increased funding to help build the schools. . Councilor McGee stated that the schools are beat up they need to be fixed. Councilor McGee stated that the City is not getting 80 percent of funding that Holyoke being under receivership is entitled to.
Councilor Bartley thanked Councilor McGee and read out aloud the number of how to reach the State Treasurer and stated that it would be exciting if the City could get the 80 percent funding.

COMMUNICATIONS

From Brenna Murphy McGee, MMC & Ryan Allen, Admin. Ass’t. to City Council minutes of May 7, 2019.
—> Received and adopted.

A Communication that a portion of Hadley Mills Road as described below be discontinued and abandoned under Section 78-81 et. seq. of the Holyoke Code of Ordinances.
—> Received and referred to the Ordinance Committee.

From Alicia Zoeller, letter re: FFY2019 Spreadsheet-Community Development Block Grant.
Under discussion:
Councilor Murphy spoke on the CDBG funding spread sheet and noted some of the shortcomings he saw within it. Councilor McGiverin also spoke on the CDBG and the fact that these funds have dwindled through the years. Councilor Sullivan spoke and stated that the City is getting 80,000 dollars of art on main St. in lieu of community policing. Councilor Bartley spoke and gave overview of the process but stated that even though the DGR committee makes recommendations it is a one man band and the Mayor ultimately makes the final decision on disbursement of funds.
—> Received. Copy to DG & R.
Motion was made and seconded to suspend the necessary rules and take 6-8 as a package
From Economic Development & Industrial Corporation annual & regular minutes of November 14, 2018.
—> Received.

From Holyoke Redevelopment Authority annual & regular minutes of November 7, 2018.
—> Received.

From Board of Fire Commissioner minutes of April 17, 2019.
—> Received.

Motion was made and seconded to suspend the necessary rules and take item 14B out of order
The Committee on Development and Governmental Relations to whom was referred an order That the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $1,000 from Eureka Enterprises, LLC to purchase and redevelop the City owned building at 144 High Street. The property is identified in the Holyoke Assessors records as Map 013, Block 02, Parcel 004 and described as two-story 5,460 square foot building situated on 3,354 square feet of land.  The property is zoned as Downtown Business (BC) and has an assessed value of $82,400.  Additional information is attached.
have considered the same and Recommend that the order be adopted .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Terence Murphy
Under discussion:
Councilor Bartley spoke and stated that Marcos Marrero and John Dyjach and the proponent of the project attended the meeting and gave overview of the plan to shore up the building and perhaps make it a business and perhaps have a residential aspect as well. Councilor Bartley stated that he is looking for a firm commitment to the development and stated that he asked for a letter of credit at least.
—> 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, Valentin).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take item 14A out of order
The Committee on Development and Governmental Relations to whom was referred an order That the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer from Jah Jan, LLC to purchase and redevelop the City owned land located at 689 Main Street for $40,000.  The property is identified in the Holyoke Assessors records as Map 055, Block 00, Parcel 009 and described as a vacant lot approximately 20,343 square feet (.47 acre) in size.  The property is zoned General Industry (IG) and has an assessed value of $24,600. Additional information is attached.
have considered the same and Recommend that the order be adopted .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Terence Murphy
Under discussion:
Councilor Bartley stated that he has a direct conflict on the order and would abstain from debate and from voting. DGR Vice Chair Sullivan spoke and gave information on the proposal noting that Marcos Marrero and the proponent presented drawings to the committee. It was noted that the proponent already has two other service places that are well run and well maintained. Councilor Murphy stated that the property is in need of improvement and that the proponent has the ability and experience to make the improvements. It was noted that Councilor Anderson-Burgos would also abstain from the vote.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 0–Absent 2 (Lebron-Martinez, Valentin). Councilors Anderson-Burgos and Bartley did not vote or participate in discussion on this item.
Approved by the Mayor.

PETITIONS

Petition of Arnaldo Ravento Lopez for a home occupation for a food truck to be located at 222 Pine St.
—> Received and referred to the Ordinance Committee.

Presidents Report:
May 29th is Charter and Rules Councilor McGee stated Budget Meetings would take place on June 30th June 6th at 6pm. Councilor McGee gave updates on Memorial Day events. It was noted that Councilor Valentin would be running late because she is receiving an award. Councilor McGee stated that the Korean War Memorial Park is in need of repair and that he has been speaking with Jesus Pereira to find some volunteers to clean up the park. Councilor McGee stated in the first week of June the schools would be allowing Councilors to volunteer and read to kids and that Councilors should reach out to him in order to get details if they would like to volunteer. Moment of silence was held for Harry Zarys a developer in Holyoke whom passed away.

REPORTS OF COMMITTEES

The Committee on Ordinance to whom was referred a Petition of Candy Villaronga for a street Vendor license in front of 56 Adams St.
have considered the same and Recommend that the application be approved with the conditions that the hours of operation be from Wed. to Sat. 8am to 4pm from May to November .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Terence Murphy
Under discussion:
It was noted that the applicant is Candy Villaronga who would like to operate a food cart at 56 Adam St. It was noted conditions would be hours limited to Wed. to Saturday 8am to 4pm from May to Novembers. It was further noted that the applicant had all necessary licensing.
—> 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, Valentin).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 10B, 10C, & 10D as a package
The Committee on Ordinance to whom was referred an order that a school zone speed limit sign very similar to the sign located at Lawrence School be placed in front of Metcalf School, at the crosswalk Northampton Street. and all Schools be reviewed.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Terence Murphy
Under discussion:
Councilor Vacon spoke on each of the orders and noted that each of the orders were reviewed by the City engineer and that through discussion with the engineer and makers of the order the orders have been complied with and were being addressed through the City’s revised bond.
—> Report of Committee received and recommendation adopted.

The Committee on Ordinance to whom was referred an order that the DPW place the following sidewalks on the list for spring projects.  East side South Bridge Street from S Canal to Jackson Street; South side of Jackson Street from S Summer to S Bridge; North Side of Sargeant Street from S Bridge to S East St.
have considered the same and Recommend that the order has been complied with .

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

The Committee on Ordinance to whom was referred that the City of Holyoke install appropriate signage and School Zone warning lights near the following schools on Northampton St.: Center School, Metcalf School and Blessed Sacrament School, and also at EN White School
have considered the same and Recommend that the order has been complied with .

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

The Committee on Ordinance to whom was referred an order That the City Council, in Chapter 42, Article I, Section 18, modify the plan review fee on the last line of the chart to state that “the 5c per square foot is to be charged only on the portion of the premises where the work is being carried out”
have considered the same and Recommend that the order be given leave to withdraw .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Terence Murphy
Under discussion:
Councilor Valentin spoke on the reason she filed and order stating that there was some land lords in the City that had requested it noting that they felt the fee was an undue squeeze on them. It was noted that the Chief of Fire was in favor of continuing the fee schedule as is. Councilor Valentin stated that she would be able to file a new order addressing the issue.
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2019, EIGHT THOUSAND NINETY SIX AND 00/100 Dollars ($8,096.00) as follows:

FROM:
12101-51117      E911 DISPATCHER                                                                            $6,530.00
12101-51204      PT CLERKS                                                                                       1,566.00
TOTAL:                            $8,096.00
TO:
12101-51203      PT DISPATCHER                                                                               $6,530.00
12101-51120      BUILDING MAINTENANCE                                                                1,566.00
TOTAL:                            $8,096.00
(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:
It was noted that financial transfer was for $8,096 from E911 Dispatch and PT Clerks to PT Dispatch and Building Maintenance. Finance Chair McGiverin gave info on the order.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Bresnahan, Lebron-Martinez, Valentin).
Approved by the Mayor.

The Committee on Finance to whom was referred an order That the Council order for boiler and window replacements at Kelly Elementary School and window replacements at Sullivan and Morgan Elementary Schools, approved on April 18,  2018, be modified to include removal, purchase, and installation, of new AC units in public school facilities within the City of Holyoke within the original $13,797,581.00 appropriation.
(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 this order came about as part of the “Bartley amendment” whereas a change in money approved for bonding would need to be reported back to the City Council for approval. It was noted that the change in the bonding would include replacement and installation and maintenance of air conditioning units at Kelly, Sullivan, and Morgan elementary schools.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Bresnahan, Lebron-Martinez, Valentin).
Approved by the Mayor.

The Committee on Finance to whom was referred an order that the Council order for traffic signal replacement approved on September 5, 2018 be modified to include purchasing and installing school zone traffic signals at the Metcalf School on Northampton Street. Dean School on Main Street, EN White School and Blessed Sacrament School.   School zone signals at other schools may be included subject to funding being available within the original $1,400,000 appropriation.
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted as amended .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Finance Chair McGiverin stated that much like the last order the order here is a change in the bonding and that this work would include traffic sign replacements at Metcalf School and Dean Tech. It was noted that DPW director McManus was present and gave overview of these repairs would cost $10,000 at Dean and $10,000 for Metcalf in order to help with traffic signals.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Leahy, Lebron-Martinez, Valentin).
Approved by the Mayor.

The Committee on Finance to whom was referred an order That the Honorable City Council approve the recommendation of the CPAC and award a grant in the amount of. $ 120,000 to Voces Esperanza.  Funds are to be use for interior renovation at 123 Pine
(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 Mike Sullivan spoke as the Council representative to the Community Preservation Committee. Councilor Sullivan explained the size scope and dollar figure that would be awarded to Nueva Esperanza and that it would be for $120,000 for interior renovations at 123 Pine St.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Leahy, Lebron-Martinez, Valentin).
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 2019, EIGHTY SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars ($87,500.00) as follows:

FROM:
12201-51105      PAY-FIREFIGHTERS                 $87,500.00
TOTAL: $87,500.00
TO:
15102-53103      ANIMAL CONTROL – BOH                     $87,500.00
TOTAL: $87,500.00
(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 gave overview of the financial transfer noting that Animal Control Officer Eric Velez, BOH representatives, HFD representatives, and Pam Peebles from TJ O’Connor were present to update the City on animal control costs in the budget. It was noted that the order represents an invoice to TJ Oconnor’s for their services. Councilors spoke on the reason the line item was cut from the budget.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 2 (Bartley, Bresnahan)–Absent 2 (Lebron-Martinez, Valentin).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 11F & 11K
The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2019, FIFTEEN THOUSAND EIGHT HUNDRED NINETY SIX AND 00/100 Dollars ($15,896.00) as follows:

FROM:
12201-51105      FIREFIGHTER                                                                                    $15,896.00
TOTAL:                            $15,896.00
TO:
12201-51101      FIRE CHIEF                                                                                       $15,896.00
TOTAL:                            $15,896.00
(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:
Finance Chair McGiverin spoke and gave information on each of the transfers. It was noted that the HFD Chief Pond was present to speak on the orders. It was noted that money being utilized has been signed off by the Auditor as surplus money.
—> 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, Valentin).
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 2019, TEN THOUSAND AND 00/100 Dollars ($10,000.00) as follows:

FROM:
12201-51105      FIREFIGHTERS                                                                                  $10,000.00
TOTAL:                            $10,000.00
TO:
12201-51104      LIEUTENANTS                                                                                   $10,000.00
TOTAL:                            $10,000.00

(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 11–Nays 0–Absent 2 (Lebron-Martinez, Valentin).
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 2019, FIVE HUNDRED AND 00/100 Dollars ($500.00) as follows:
FROM:
12402-53010      OTHER CONTRACTED SERVICES                                                    $500.00
TOTAL:                            $500.00
TO:
12401-51300      OVERTIME                                                                                        $500.00
TOTAL:                            $500.00
(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 stated that the financial transfer is for $500 and would come from Other Contracted Services to the Overtime Line Item. Councilor McGiverin explained the need for overtime within the Building Dept. and stated that the Finance Committee voted unanimously to approve the transfer.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 1 (Bresnahan)–Absent 2 (Lebron-Martinez, Valentin). 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 2019, FIVE HUNDRED EIGHTEEN NINE HUNDRED FORTY EIGHT AND 41/100 Dollars ($518,948.41) as follows:

FROM:
8810-10400       STABILIZATION                                                                                  $518,948.41
TOTAL:                            $518,948.41
TO:
11512-57600      LITIGATION                                                                                        $518,948.41
TOTAL:                            $518,948.41
have considered the same and Recommend that the order be denied.

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin spoke and stated that there was a typo on the agenda and that the Committee report was for this order to be denied.
Councilor McGiverin stated that on Item 11H the subject is litigation that took place because of an event that took place at Peck School. It was noted that Item 11H does not list the correct amount of money for litigation and therefore should be denied.
—> 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, Valentin).

Motion was made and seconded to suspend the necessary rules and take items 24 and 26 out of order and as a package
MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2019, FOUR HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($450,000.00) as follows:

FROM:
8810-10400 STABILIZATION $450,000.00
TOTAL: $450,000.00
TO:
11512-87600 LITIGATION $450,000.00
TOTAL: $450,000.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 21, 2019.

Alex B Morse, Mayor
Under discussion:
Councilor McGiverin spoke and gave information on settlement noting that sometimes the settlement outweighs the liability which may be in the multimillions of dollars for the City. It was noted that the Mayor is in agreement with the settlement and talked about the split of the City side and the Schools and the Insurance company paying for the settlement. Councilor McGiverin gave details of the settlement and how the Council got to this place to take the vote. Councilor Sullivan spoke on issues he saw with the insurance company and why he would not vote in favor of the order. Councilor McGivern also stated that the Council has been briefed in executive session about the state of the litigation and that bond counsel agrees that this is ane acceptable way to use funds from stabilization. Councilor Bartley also spoke on the fact that other potential Attorneys and litigants could take advantage of the fact that the City is showing a willingness to reach into stabilization to pay legal settlements.
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 2 (Bartley, Bresnahan)–Absent 2 (Lebron-Martinez, Valentin).
Approved by the Mayor.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2019, SIXTY EIGHT THOUSAND AND 00/100 Dollars ($68,000.00) as follows:

FROM:
11452-53040 BORROWING CERTIFICATION $68,000.00
TOTAL: $68,000.00
TO:
11512-53010 PROFESSIONAL SERV.-SPECIAL COUNSEL $68,000.00
TOTAL: $68,000.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, May 21, 2019.

Alex B Morse, Mayor
Under discussion:
Councilor McGiverin spoke on the transfer request noting that the transfer was for legal fees and was for $68,000 for Atty. Fees from Borrowing Certification. It was noted that the line item the money was coming from was in the Treasurer’s Office and Treasurer Sandy Smith did ok the use of money for the transfer. Councilor McGiverin explained the Borrowing Certification line item but noted that there are still some questions. Councilor McGiverin stated that the line item started off with a small amount of money and that the number in the line item has changed since the beginning of the year.
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 3 (Bartley, Sullivan, Vacon)–Absent 1 (Bresnahan).
Approved by the Mayor.

Motion was made and seconded to approve the order: Item 26 Denied with 7 yays and 4 nays. Motion was made and seconded to reconsider the action on Item 26 Motion passed by hand vote. Motion was to lay the item on the table: Motion passed Item 26 Tabled.
Valentin entered the chambers at 9:30pm

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2019, ONE THOUSAND TWO HUNDRED NINETEEN AND 33 /100 Dollars ($1,219.33) as follows:
FROM:
15432-57100      IN STATE TRAVEL – VETERANS SERVICES                                         $1187.20
15432-53190      EDUCATION & TRAINING – VET SERV.                                             32.13
TOTAL:                            $1,219.33
TO:
19202-57200      OUT OF STATE TRAVEL                                                                   $1,219.33
TOTAL:                            $1,219.33
(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:
Finance Chair McGiverin spoke and gave information on the Financial Transfer request it was noted that VA director Jesus Pereira had reached out and provided info on the request. It was noted that money is within his budget and he would like to trade money from In-state travel to Out of state travel.
—> 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).
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 2019, SIX THOUSAND AND 00/100 Dollars ($6,000.00) as follows:

FROM:
12942-52410      R & M VEHICLES                                                                               $5,000.00
12942-52420      R & M OTHER                                                                                    500.00
12942-54900      SUPPLIES, SMALL TOOLS/EQUIPMENT                                            500.00
TOTAL:                            $6,000.00
TO:
16502-52410      R & M VEHICLES                                                                               $6,000.00
TOTAL:                            $6,000.00

(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 gave information on the transfer request noting that money would go into the account that would take care of DPW vehicles and repair of a dump truck that is outdated. It was noted that the DPW is looking to shore up some of the vehicles before the end of the FY.
—> 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). Copy to 12.
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 2019, THIRTY THOUSAND  AND 00/100 Dollars ($30,000.00) as follows:

FROM:
12941-51104      TREE CLIMBER                                                                                 $30,000.00
TOTAL:                            $30,000.00
TO:
12942-53010      CONTRACT FORESTRY SERVICES-OTHER                                         $30,000.00
TOTAL:                            $30,000.00
(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 the tree-climber is still not been filled and that due to it’s nature it is a tough position to fill and that because eof this outside contractors are used to trim and remove trees at times. Councilor McGiverin noted that these services are important to keep tree overgrowth or rot from causing danger to residents
—> 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).
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 2019, THREE THOUSAND FIVE HUNDRED FORTY SEVEN AND 77/100 Dollars ($3,547.77) as follows:

FROM:
16101-51113      ASSISTANT LIBRARY DIRECTOR                                                      $3,547.77
TOTAL:                            $3,547.77
TO:
16101-51107      LIBRARY ASSISTANT                                                                        $3.547.77
TOTAL:                            $3,547.77
(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 gave recap of communication from the Maria Pagan noting the reason or the financial request. It was noted that money would be going to the Assistant Librarian.
—> 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).
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 2019, TWENTY NINE THOUSAND THREE HUNDRED TWENTY FOUR AND 00/100 Dollars ($29,324.00) as follows:

FROM:
11511-51101      SOLICITOR                                                                                        $29,324.00
TOTAL:                            $29,324.00
TO:
11511-51102      ASST. SOLICITOR                                                                              $29,324.00
TOTAL:                            $29,324.00
(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 noted that his money would be coming from City Solicitor Line item to Asst. City Solicitor in order to pay the person doing the job and filling in for the City Solicitor.
—> 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).
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 2019, TWENTY SIX THOUSAND EIGHT HUNDRED FIFTEEN AND 00/100 Dollars ($26,815.00) as follows:

FROM:
14261-51106      POLICE FLEET MECHANIC                                                                $26,815.00
TOTAL:                            $26,815.00
TO:
12102-52410      R & M MOTOR VEHICLES                                                                 $26,815.00
TOTAL:                            $26,815.00
(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 12–Nays 0–Absent 1 (Lebron-Martinez).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 11P, 11Q, and 11R as a package
The Committee on Finance to whom was referred an order a request that any monies spent for Roca services are presented to the City Council
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 discussion of each order noting that communications were given to the committee with sufficient information for the Finance Committee to vote that the order has been complied with
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order That the Assessor and/or Tax Collector inform the council of how many tax-exempt properties exist within the City and provide us with a list of those businesses/entities.  Please submit report within 3 weeks
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
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order the DPW, Tax Collector/Treasurer report if the City is receiving any “tipping” fees from the trash transfer station on Main Street?,  what if any has been collected so far  and where is it going?
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
—> Report of Committee received and recommendation adopted.

The Committee on Development and Governmental Relations to whom was referred an order  that in order to allow for development and redevelopment of properties in the area in alignment with existing City plans; provide cohesiveness to the area and bring those parcels further into conformity, the following parcels be zone changed as shown in the following table:

PARCEL ID        OWNER                 PROPOSED        CURRENT USE
011-07-008         N.E. Telephone         RO to BC            parking lot

011-07-009         N.E. Telephone         RO to BC            parking lot

011-07-010         N.E. Telephone         RO to BC            telephone exchange station

011-10-002         2nd Cong. Church     RO to BC            religious

011-10-003         Foley Property           RO to BC            educational property

011-10-005         Foley Property           RO to DR            parking lot

011-10-006         Alecto Realty Trust    RO to DR            Two-Family

011-10-007         LC2 Holyoke LLC      RO to DR            developable land

011-10-008         LC2 Holyoke LLC      RO to DR            developable land
have considered the same and Recommend that the order be referred to Ordinance Committee .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Terence Murphy
—> Received and referred to the Ordinance Committee.

The Committee on Development and Governmental Relations to whom was referred an order that the Development and Government Relations committee meet with the director of the office of planning and development, the director of the community development office, and representatives from the Holyoke Housing Authority, One Holyoke, Valley Opportunity Council, Nueva Esperanza, a Representative form redevelopment authority and other interested parties to discuss the short and long term plans for improving the Churchill neighborhood.  At this meeting, the following areas should be discussed specifically: corner of Jackson & Maple Street, vacant lot; corner of Jackson and Chestnut Street, vacant lot; corner of Franklin and Chestnut Street, vacant lot, corners of Hampshire and Elms Street, vacant lots, parts of Walnut Street between Sargeant and Hampshire, vacant lots and poorly maintained properties, and Commercial Street, vacant lots between Sargeant and Jackson Streets.  Goal is to move the process to a recommended action, and help create a timeline for what can and should be done, and by which agencies.
have considered the same and Recommend that the order has been complied with .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Terence Murphy
Under discussion:
Councilor Bartley spoke and gave overview of the discussion that took place in committee it was noted reps from Nueva Esperanza, One Holyoke Development and Valley Opportunity Council were all present for discussion. Councilor Murphy gave overview of his concerns in developing vacant lot for the safety and the future of the areas listed.
—> Report of Committee received and recommendation adopted.

The Committee on Development and Governmental Relations to whom was referred a Petition from Neighbor to Neighbor RE MOU between Holyoke Gas and Electric and Columbia Gas MA to establish new pipeline infrastructure.
have considered the same and Recommend that the petition be given leave to withdraw without prejudice per the request of the petitioner .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Terence Murphy
Under discussion:
Councilor Bartley spoke and noted that there was a petition filed by Neighbor to Neighbor and they were heard multiple times. Councilor Valentin spoke and noted that the petitioners would like the order to be given leave to withdraw at this time.
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

LEAHY, Murphy Ordered, that a representative from Roca come before the Public Service subcommittee. We are looking for a overview of their services and the great work they are doing for the Cities Department of Public Works.
—> Received and referred to the Public Service Committee.

MCGEE Ordered, that Ordered that the City Council appointment for the Community Preservation Act Committee be posted. The position will be vacated upon the expiration of the two year term of Mr. Andrew McMahon who will not seek another term on the board.
—> Received and referred to the Public Service Committee. Copy to Personnel Department to post..

MCGEE Ordered, that Ordered that the Chapter 2, Section 2-336 (c) be amended to include the words, “with the exception of food vendors with the appropriate permits from the state, Board of Health and Department of Public Works.”
—> Received and referred to the Ordinance Committee.

MCGEE, Anderson-Burgos, Bartley, Bresnahan, Leahy, Lebron-Martinez, Lisi, McGiverin, Murphy, Sullivan, Tallman, Vacon, Valentin Ordered, that That a proclamation be given to Barry J. Farrell for being honored as the Greater Holyoke Chamber of Commerce’s 2018-2019 Business Person of the Year.
—> Received and adopted.

MCGEE, Leahy, Sullivan Ordered, that order that the law department, building commissioner, Mayor, and board of health review the MHA project at 11 Yale Street.  Please provide the city with an opinion on if the project violates the Dover Amendment or if the project goes outside the scope of the amendment (please see McLean Hospital Corp. v. Town of Lincoln). Also, provide the city with guidance on if the city has any authority over such projects. This is a request from several constituents.
—> Received and referred to the Public Service Committee. Copy to Law Department, Building Commissioner, Mayor Morse, Board of Health.

MCGEE, Leahy, Vacon Ordered, that order that State Representative Vega and Senator Humason request a moratorium on group home projects in the city of Holyoke and request that group homes be evenly place throughout the commonwealth.
This is a request from several constituents. And request that the Assessor send a list of group home to the Public Service Committee.

—> Received and referred to the Public Service Committee. Copy to Senator Humason and Rep. Vega and Assessor.

MCGEE, Leahy, McGiverin, Tallman Ordered, that That the City Council look into placing a history marker on the corner of Cabot St. and South Summer St. to describe the medal of honor recipients that lived in the said area. Please invite in Mr. Jim Bronson to a sub-committee.
—> Received and referred to the Public Service Committee.

 

MURPHY, Bresnahan Ordered, that Ordered that the mayor, the law department, police chief, building commissioner, board of health director and any other parties that might help in a discussion for the city to take action against the owner of the following properties: 173 Elm St/365 Appleton St and 556 S Bridge Street.  The properties appear to be owned by the same landlord and rate the highest number of police calls for residential properties in the city.
—> Received and referred to the Public Safety Committee. Copy to Mayor Morse, Law Department, Police Chief, Building Commissioner, and Board of Health Director.

MURPHY Ordered, that Ordered that the building department and the board of health secure the structure at 616 S Summer St, and that the building review committee consider the demolition of this building asap unless there are immediate plans to rehab the building.  The entire property is unkempt, and the garage section appears open to drug activity and other health related problems.
Please report on the status of the building by June 18th to the city council indicating what the plans are for the property.
—> Received and adopted. Referred to the Building Department, Board of Health. Copy to Public Service.
Approved by the Mayor.

MURPHY Ordered, that Ordered that the public service committee meet with the director of the senior center, the superintendent of the DPW, the city engineer, and the director of planning and development, to discuss the parking needs at the senior center and the potential solutions to those problems, including a discussion on the status of the Armory property.
—> Received and referred to the Public Service Committee.

MURPHY Ordered, that Ordered that the DPW and the city engineer consider ways to improve the safety at pedestrian crosswalks at Beech and Hampshire and Pine and Sargeant Streets.  Is it possible to highlight the crosswalks as have been done on Lower Westfield Road for the bicycle lanes?  Could a barrel with flashing light be placed on the center line?
—> Received and referred to the Public Safety Committee.

MURPHY Ordered, that Ordered that the committee reviewing the status of dangerous buildings provide the city council a report of all  buildings now marked with a red X, including ownership and if there are plans for those buildings in the near future. Also, if possible, an estimate of what it would cost to demolish each of these buildings.
—> Received and referred to the Public Safety Committee.

MURPHY Ordered, that “Resolution and order pursuant to the provisions of G.L. c.59, 21C this ___________day of_______________2019

(1) that the City of Holyoke, pursuant to G.L.c.59, 21C(k), shall seek voter approval at the next general election on November, 2019 to assess taxes in excess of the amount allowed pursuant to G.L. 59, 21C for the payment of principal and interest on bonds, notes or certificates on indebtedness, issues by the City of Holyoke to pay costs of designing, constructing, furnishing and equipping a new middle school of approximately 105,460 square feet, more or less, to be constructed on the open block bounded by Cabot, Chestnut, Hampshire and Elms Streets in Holyoke, Massachusetts, including the payment of all costs incidental or related thereto:

(2) to that end, the city clerk is hereby directed to place the following question on the ballot:

“Shall the City of Holyoke be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds issued in order to pay costs of designing, constructing, furnishing and equipping a new middle school of approximately 105,460 square feet, more or less, to be constructed on the open block bounded by Cabot, Chestnut, Hampshire and Elms Streets in Holyoke, Massachusetts, including the payment of all costs incidental or related thereto?”
Yes_________________No______________.
Under discussion:
Motion made and seconded to refer the order to the Charter and Rules Committee/ motion made and seconded to give the order leave to withdraw. Councilor Murphy spoke and stated the officials that he has spoken to that he feels allow him to make this amendment and change to a one school deal with the state instead of the two school deal currently in front of the Council. Councilor Murphy expressed that he would like the City to have another option that could help get a school built without having to take the measure of raising Holyoke residents and Businesses taxes so much. Councilor Lisi spoke and stated that an email was sent out from the state essentially saying that the current deal on the table is the only one that has bene approved. Councilors discussed the pros and cons of sending the order to the Charter and Rules committee or giving the order leave to withdraw. Councilors also discussed that the letter/email that was referred to in the debate was not properly in front of the City Council as it was not on the agenda and many Councilors had not had a chance to read it. Motion to give the order leave to withdraw failed by voice vote.
—> Received and referred to the Charter and Rules Committee.

VACON Ordered, that the City Auditor provide a summary spread sheet indicating all current bonds and include those that have been approved but not yet purchased.  Please provide annual costs of the current bonds and the projected annual costs for the new bonds.
Please provide a summary of our total obligation and what borrowing capacity remains. Please have summary report by May 30th.
—> Received and adopted. Referred to the Auditor.
Approved by the Mayor.

 

Adjourn at 10:54 PM.
A true record
ATTEST:

______________________________
City Clerk