Holyoke City Council Meeting August 6, 2019

Aug 6 2019

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

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AGENDA FOR THE CITY COUNCIL
August 6,2019

LAID ON THE TABLE

1. From Tanya Wdowiak, City Auditor, Mayors request re: Supplemental Budget.

2. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2019, /100 Dollars ($20,909.00) as follows:

FROM:
*****-***** FREE CASH $6,109.00
11452-53050 LAND COURT FILINGS 14,800.00
TOTAL: $20,909.00
TO:
19412-57630 CLAIMS & DAMAGES $20,909.00
TOTAL: $20,909.00

PUBLIC COMMENT

COMMUNICATIONS

3. From Mayor Alex B. Morse letter re-appointing Fire Chief John Pond, Fire Headquarters 600 High St. to serve as the Emergency Management Director for the City of Holyoke: Chief Pond will serve a one-year term: said term will expire on January 2020.

4. From Mayor Alex B. Morse letter re-appointing the following individuals to serve as Commissioner of the Council on Aging for the City of Holyoke:

Susan Aiken, 359 Linden St.
Sean Gonsalves, Bd. of Health
Julita Rojas, 337 Sargeant St.
Kyong Cruz, 107 Martin St.
Nicole Perrier, 1706 Northampton St.
Priscilla Garcia, 89 Brooks St.
Dian McCollum, 20 Easthampton Rd.
Cappie Glica, 19 Concord Ave.
Barbara J. Grady, 44 Edward Dr.
Len Brouillette, 179 Mogan St.
Margaret Lemire, 67 Westfield Rd.
Mr. Wayne Klinge, 22 Dale St.

They will serve a one-year term; said term will expire on August 2020.

5. From Brenna Murphy McGee, MMC re: spreadsheet on cuts for Fiscal Budget FY20.

6. From Brenna Murphy McGee, MMC and Ryan Allen, Admin. Ass’t. to City Council minutes of June 18, 2019.

7. From Cheryl A. Dugre, Executive Director Holyoke Retirement Board, to accept the provisions of Chapter 188 of the Acts 2010 Municipal Relief Act; Section 19, and increase the cost of living adjustment (COLA) base for retirees.

8. From Registered Voters of the City of Holyoke, request for non-binding question to be placed on the next general election.

9. From Meagan Magrath-Smith letter of interest to the Community Preservation Committee (CPC).

10. From Parks & Recreation Commission minutes of February 13, 2019.

11. From Board of Public Works, Sewer Commission and Stormwater Authority minutes of May 6, and June 3, 2019.

12. From Board of Fire Commissioners minutes of May 15, 2019.

13. Mackenzie Stadium Lease, between the City of Holyoke, Parks & Recreation Department and Commission and Valley Blue Sox Foundation, Inc.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

14. Ordinance Committee Reports (if any)

14A. The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 131 Beech St. for Juan Colon Recommend that the order be adopted

14B. The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 372 Maple St. for Cynthia Y Hernandez De Leon Recommend that the order be adopted

14C. The Committee on Ordinance to whom was referred an order that section 4.6.2.1 corner lot – be amended to allow Corner lots to erect and maintain a fence when such fence will have no impact on traffic, visibility, etc.
(4.6.2.1 Corner Lot No Fence shall be erected or maintained within the front or side yard setback of a corner lot as defined in Table 5.2 of the Zoning Ordinance in a manner which interferes with traffic visibility across the corner.) Recommend that the City Council adopt the recommendation of the Planning Board

14D. The Committee on Ordinance to whom was referred an order that the a handicap sign be placed in back of 3 Charles St. for Betty Hallenbeck Recommend that the order be adopted

14E. The Committee on Ordinance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2019, in accordance with M.G.L. Chapter 44 Sec. 53E1/2, the POLICE DEPARTMENT AUXILIARY SERVICES Revolving Fund.
1. Expenditures from the fund shall be specifically for the purposes of labor, contracted services, and supplies in the act of providing Auxiliary Police Services to the City of Holyoke. .
2. The source of receipts to be credited to the Fund shall be amounts invoiced to Auxiliary Service vendors for services rendered. .
3. The officer authorized to expend from the Fund shall be THE CHIEF OF POLICE .
4. The limit on the total amount which may be expended from the Fund during fiscal year 2019 shall be the lesser of actual receipts collected during fiscal year 2019 or $ which, when combined with all other such revolving funds authorized under M.G.L. Chapter 44 Sec. 53E1/2 under the direct control of the officer designated in 3., above, does not exceed 1% of the amount raised by taxation in 2019. Recommend that the order has been complied with

14F. The Committee on Ordinance to whom was referred Special permit application from Canna Provisions Inc. to operate a Registered Marijuana Dispensary 7.10.2 at 380 Dwight St. (Map 21 Block 01 Parcel 003) Recommend the special permit be granted with the following conditions:

14G. The Committee on Ordinance to whom was referred that the auditor come before the ordinance to address all payment in lieu of tax programs in the City. Recommend the order is complied with

15. Finance Committee Reports (if any)

15A. 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 “MASS DEVELOPMENT’S COMMONWEALTH PLACES GRANT” 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. Recommend that the order be adopted

16. Public Safety Committee Reports (if any)

16A. The Committee on Public Safety to whom was referred an order that a pedestrian safety study be done at the intersection of Northampton Street and Dwight Street. Pedestrians have expressed concerns that vehicles making a right on red from Northampton Street onto Dwight Street are failing to be cautious of pedestrians crossing Northampton Street, resulting in near hits. Recommend that the order be complied with

16B. The Committee on Public Safety to whom was referred an order that the chain link fence at Lt. William J. Sheard Playground be removed unless there’s some rationale reason for keeping it in place. If it cannot be removed, then please explain why and at least replace it with something more attractive and that doesn’t become a magnet for plastic bags and litter. Recommend that the order has been complied with

16C. The Committee on Public Safety to whom was referred an order that the Conservation Commission, DPW, and City Engineer, come before the City Council to discuss the potential new access road for University apartments and the wet land surrounding that potential new road. Recommend that the order has been complied with

16D. The Committee on Public Safety to whom was referred an order 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. Recommend that the order has been complied with

16E. The Committee on Public Safety to whom was referred an order that The DPW Superintendent provide City Council an update on efforts to improve public parking. Please provide updates on the contract with the third-party vendor. Please provide update on year over year revenue collection and please update the council with any updates, if any, relative to new practices for the administration and collection of revenue. Recommend that the order has been complied with

16F. The Committee on Public Safety to whom was referred an order that the Law department give a legal opinion as to whether or not panhandlers can be prevented from standing on the islands in the middle of traffic due to Safety issues. This is a matter of safety nothing more Recommend that the order has been complied with

16G. The Committee on Public Safety to whom was referred an order 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. Recommend that the order has been complied with

16H. The Committee on Public Safety to whom was referred an order that the public safety committee meet with the superintendent of the DPW to review the city’s capacity regarding the problem of potholes. What would the city need to do to accelerate the pace of filling these sometimes dangerous situations? Recommend that the order has been complied with

17. Public Service Committee Reports (if any)

18. Development and Governmental Relations Committee Reports (if any)

18A. The Committee on Development and Governmental Relations to whom was referred an order hat the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer from Nueva Esperanza, Inc. to purchase the surplus City owned land located at 405 – 407 Main Street for $1,000. The land is approximately 2,614 square feet in size and is identified in the Holyoke Assessors records as Map 028, Block 07, Parcel 002. The property was awarded to the City by a Land Court Decree with a Judgment recorded in Hampden County Registry of Deeds Book 22181, Page 379 and is further described deeds Book 9288, Page 3. The property is zoned Highway Business (BH) and has an assessed value of $24,800 Recommend that the order be adopted

18B. The Committee on Development and Governmental Relations to whom was referred an order, that in accordance with M.G.L. ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 19 West Glen Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 113, Block 00, Parcel 140, consisting of a vacant single-family house on a 5,489 square foot lot. The property is more particularly described at the Hampden County Registry of Deeds in Book 3543, Page 465. On January 30, 2019 the property was awarded to the City via a Land Court Decree with a Final Judgment recorded in Hampden County Registry of Deeds Book 22540, Page 196. The property is zoned Two-Family Residence (R-2) and has an assessed value of $97,600. Recommend that the order be adopted

18C. The Committee on Development and Governmental Relations to whom was referred an order that the attached letters from Morgan School’s 8th grade in support of the Parks Bond Package for the repair of Valley Arena Park be submitted to the Development and Government Relations Committee. Recommend that the order has been complied with

18D. The Committee on Development and Governmental Relations to whom was referred an order that the Mayor, the Director of Planning and Development, and the Director of the Holyoke Housing Authority meet with the DG&R committee to seek ways to include the parking lot at the corner of Clemente and Hamilton Streets as part of the planned South Holyoke housing redevelopment around Carlos Vega Park. Recommend that the order has been complied with

19. Charter and Rules Committee Reports (if any)

20. Joint City Council and School Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

21. MURPHY — that the ordinance committee meet with the building commissioner and the city solicitor to discuss the merits of establishing a fine for property owners who have had their property sealed off blocking a street past a certain period. There at least a couple of properties which are depriving others of easy access to their homes and businesses, with no immediate solution being proposed.

22. MURPHY — that the joint committee of city council and school committee meet to review the high level of absenteeism for each school, the reason why some schools have far better attendance than others, and how particularly in the high schools students can succeed with extremely high percentage absences. For the Dean campus, absence for 10-12 was 27.5%, 49.3%, and 37.7%, and for the HHS campus, rates were 33.7%, 32.4%, 30.5%, and 27.3%.

23. MURPHY — that the parks and recreation director, the community development director, and the public works superintendent appear before the DGR committee to discuss the plans and the needed funding to upgrade Springdale Park?

24. MURPHY — that the city establish a school safety zone in accordance with MGL Ch 90 section 18B as follows: “To establish 2 20 MPH safety Zone in the vicinity of the Dean School and athletic field on Main Street beginning 100 feet northerly of the school property and extending 0.25 miles to the south in accordnace with MGL Chapter 90 section 18B.”

25. MURPHY — that the city consider having the trees located in city parks examined to assure they are all still healthy. This is filed after a large tree fell on what in fall would be a youth soccer field area.

26. MURPHY — that a handicap sign be placed in front of 527 So. Summer St. for Carmen Robles.

27. MURPHY — that the brick sidewalk on the out side of Center
LEBRON-MARTINEZ Street be repaired no later than this fall. The sidewalk
currently presents a hazard to those walking it, and
also prevents those with disabilities from even using
it safely.

28. MURPHY — that the sidewalk in front of 575-577 S Bridge Street be leveled to allow safer walking and access for persons with disabilities no later than this fall. This is a dangerous situation and one that would prevent a person with disabilities to use the sidewalk.

29. MURPHY — that the sidewalk in front of 322 Pine St be repaired to make it level and more easily accessed.

30. MURPHY — that the DG&R committee meet with the superintendent of the DPW, the city engineer, and the city forester to discuss the problems caused by planting trees on city streets. Discussion should include types of trees which might be planted without having negative impact on neighborhood sidewalks.

31. MURPHY — that the superintendent of the DPW have one of his crews clear the high grass and weeds at the end of Lower Westfield Road entering Rte 5, or work with the state to get it cleared. In addition, please have the bushes trimmed on the roadway going over the railroad tracks. Constituents have expressed concerns about not being able to see oncoming traffic.

32. MURPHY — that the mayor propose a bond for the demolition of all city owned buildings which have been recommended for demolition. The bond would probably be close to $2 million, but it would allow the city to clear many unsafe and dilapidated buildings over the next year or two, rather than over the next 10 years, with bond payments only slightly higher than what we pay yearly now for demolition.

33. MURPHY — Ordered that the department of public works paint traffic dividing lines on both Peltiah Street and St Vincent Street. This is a constituent request because without the lines, vehicles are crossing onto the other side of traffic as they make turns.

34. MURPHY — Ordered that the trees located on the Chestnut Street side of the South Chestnut Park be trimmed from the corner of Sargeant Street to the end of the park. This is a police request.

35. SULLIVAN — That the fees in section 102-34 of the city ordinances be increased as necessary. We are paying the state more for this service than we are collecting.

36. SULLIVAN — That the council amend the wording for the recipient of the CPA grant to Voces Esperanza for 123 Pine St. Due to a clerical error it should have read Valley Opportunity Council.

37. TALLMAN — That the City Council Accept Mass General Law Section 21C 1/2:

Employees who are veterans; participation in Veterans or Memorial Day exercises; time off granted; exceptions
Section 21C1/2. An employee of a city or town which accepts the provisions of this section who is a veteran as defined in clause Forty-third of section seven of chapter four or is a member of a department of war veterans listed in section seventeen of chapter eight, and who desires to participate in a Veterans Day or Memorial Day exercise, parade or service, may be allowed and granted a reasonable and sufficient period of time off from his duties to attend and participate in such services or exercises. This section shall not apply to employees whose duties and services are critical and essential to the public safety as determined by ordinance or by-law, and the city or town may determine whether such time shall be with or without pay.

38. VACON — That a proclamation be given to David M. Bartley for being honored with a life time achievement award by the Holyoke Democratic City Committee.

39. VACON — that an update on heroin related OD’s be provided by our Police Department to the City Council. The last report included 2014 -42 OD calls (11 fatalities) and 2015 -83 OD calls (12 fatalities).

40. VACON — That the owner of the new house at 333 Rock Valley Road be required to comply with our ordinance and apply for a special permit for a front driveway. (A new home was built on Homestead Ave in the past and the owner was required to obtain a special permit prior to construction of the front driveway). There has been no special permit application filed and a front driveway has already been constructed.

Please note that there is no application for a front driveway for this property filed with the City Council. A special permit is required for driveways in the front of any house.
Also, much of the lot is covered by asphalt.
Please ensure this construction is in compliance with our ordinances.

41. VACON — That signage, cones and painting of the crosswalk lines be completed on County Rd as the crosswalk is almost invisible to drivers.

42. BARTLEY — The City of Holyoke amend Zoning Ordinance section 4.3(A)(8) to require a special permit prior to granting permission for this use in all residential districts in the City of Holyoke and no longer allow the use as of right; the special permit is to be issued by one of the following boards and only after a public hearing: city council or the planning board or the board of appeals.

43. BARTLEY — That Rule 1 of the City Council be suspended for the purpose of the City Council attending “Salute to Holyoke” at the Big E on Tuesday, September 17.

44. BARTLEY — Ordered, that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 1094 Hampden Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 105, Block 00, Parcel 022, consisting of a vacant single-family house on an approximate 4,800 square foot lot. The property is more particularly described at the Hampden County Registry of Deeds in Book 15015, Page 278. On July 2, 2019 the property was awarded to the City via a Land Court Decree with a Final Judgment recorded in Hampden County Registry of Deeds Book 22740, Page 108. The property is zoned Two-Family Residence (R-2) and has an assessed value of $99,200.

45. BARTLEY — Ordered, that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 28 Cabot Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 29, Block 04, Parcel 015, consisting of vacant land of approximately 3,817 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 8738, Page 138. On March 18, 2013, the property was awarded to the City via a Land Court Decree with a Final Judgment recorded in Hampden County Registry of Deeds Book 19759, Page 377. The property is zoned Downtown Residential (DR) and has an assessed value of $151,800.

46. BARTLEY — Ordered, that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 32 Cabot Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 29, Block 04, Parcel 014, consisting of vacant land of approximately 4,443 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 5589, Page 540. On September 21, 2018, the property was awarded to the City via a Land Court Decree with a Final Judgment recorded in Hampden County Registry of Deeds Book 22387, Page 358. The property is zoned Downtown Residential (DR) and has an assessed value of $20,100.

47. BARTLEY — Ordered, that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare a lot on Easthampton Road as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 212, Block 00, Parcel 001 consisting of vacant land of approximately 53.5 acres in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 5574, Page 41. On May 21, 2007, the property was awarded to the City via a Land Court Decree with a Final Judgment recorded in Hampden County Registry of Deeds Book 16740, Page 126. The property is zoned Business General (BG) and has an assessed value of $1,112,300.

48. BARTLEY — Ordered, that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare a lot on the Easthampton side of the Holyoke border near Easthampton Road as surplus property available for disposition. Said parcel is identified by the Easthampton Board of Assessors records as #176-3, consisting of approximately 4 acres in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 1751, Page 320. On May 21, 2007, the property was awarded to the City via a Land Court Decree with a Final Judgment recorded in Hampden County Registry of Deeds Book 16740, Pages 125. The property is zoned Residential Rural (R80) and has an assessed value of $6,800.

49. BRESNAHAN — No person shall solicit donations or conduct fundraising activities in the traveled portioned of a public way in a manner which, in the reasonable judgment of a police officer, endangers the safety of persons engaging in such conduct or persons using the public way

50. LEAHY — The City Engineer research if a four way stop sign is needed at the intersection of Race Street and Dwight Streets. There has been a lot of accidents in this area for the last couple of years. Please have results back to the Public Safety Committee within 30 business days.

51. LEAHY — that the Department of Public Works secure the necessary funding with the Mayor to fix/pave and or demolition and construct a new parking lot behind City Hall. The parking lot is dangerous. Please send to the Mayor Office, DPW, and to Public Safety Committee.

52. LEAHY — that the Honorable City Council present Dave Madsen an official proclamation congratulating him for his 50 years in broadcasting. And his 27th year with Western Mass News. Dave has brought the news of the day into homes in Holyoke in a fair and responsible manner.

53. LISI — That the City Council create an ad hoc committee to focus on the City’s Bond Rating. The committee will work closely with the Mayor, Bond Counsel, City Departments (auditor, treasurer, tax collector and assessor) and the City’s financial team to aggressively improve the City’s bond rating. This may include requesting site visits from rating agencies to see the growth that we’ve experienced; adoption of a package of fiscal policies; creation of financial planning tools; and more.

54. LISI — That the City Council invite in Mayor LaChapelle of Easthampton to discuss the Easthampton experience with debt exclusion for their school project. Concrete projections, numbers, and date to articulate the impact of the school construction on taxpayers and the community at large.

55. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2019 MHC SURVEY & PLANNING ” 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.

56. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “VETERANS HERITAGE GRANT PROGRAM -ADDITIONAL FUNDING ” 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.

57. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY” 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.

58. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2020, SIX THOUSAND NINE HUNDRED TWENTY FOUR AND 40/100 Dollars ($6,924.40) as follows:

FROM:
12201-51104 LIEUTENANTS $2,613.20
12201-51105 FIREFIGHTERS 4,311.20
TOTAL: $6,924.40
TO:
12201-51180 INJURED ON DUTY $6,924.40
TOTAL: $6,924.40

59. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2020, SIXTEEN THOUSAND FIVE HUNDRED FORTY DOLLARS AND 00/100 Dollars ($16,540.00) as follows:

FROM:
16102-52100 ENERGY OIL/GAS/ELECTRIC $16,540.00
TOTAL: $16,540.00
TO:
16101-51114 COMPUTER COORDINATOR $605.00
16101-51104 CHILDREN’S LIBRARIAN 1,125.00
16101-51113 ASSISTANT LIBRARY DIRECTOR 1,150.00
16101-51101 LIBRARY DIRECTOR 6,410.00
16101-51107 LIBRARY ASSISTANT 4,650.00
16101-51111 LIBRARY ASSISTANT-EVENINGS $2,600.00
TOTAL: $16,540.00

60. MCGIVERIN — that there be and is hereby raised and appropriated in the fiscal year 2020, ONE MILLION SEVEN HUNDRED EIGHTY EIGHT THOUSAND THREE HUNDRED TWENTY FIVE AND 00/100 Dollars ($1,788,325.00) as follows:

FROM:
18202-56513 CHARTER SCHOOL SENDING TUITION $36,716.00
TOTAL: $1,788,325.00
TO:
13001-51000 PERSONAL SERVICES $1,493,219.00
18202-56511 SCHOOL CHOICE SENDING TUITION 331,822.00
TOTAL: $1,788,325.00

61. MCGEE — That the public safety committee invite in the Police Department and the DPW to discuss the parking garage issues and come up with options to clean and protect the area.

62. MCGEE — That the City Council give a proclamation to Jason Garand on his retirment and dedicated service to the City of Holyoke (business manager for Local 336 of the New England Regional Council of Carpenters).

63. MCGEE — That the Finance Committee invie in Mayor Lachapelle to discuss options and plans Easthampton used with regards to their new school project.

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law

______________________________
City Clerk

REGULAR MEETING OF THE CITY COUNCIL
August 6,2019

The meeting was called to order by President Pro Tem. McGiverin at 07:05 PM.

The Clerk called the roll. Absent members: 3 (Bresnahan, McGee, Valentin) Present Members 10 (Anderson-Burgos, Bartley, Leahy, Lebron-Martinez, Lisi, McGiverin, Murphy, Sullivan, Tallman, Vacon).

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

Moment of silence was held by the City Council to honor victims in gun violence that had taken place in the previous days and weeks.

LAID ON THE TABLE

From Tanya Wdowiak, City Auditor, Mayors request re: Supplemental Budget.
—> Laid on the Table

MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2019, /100 Dollars ($20,909.00) as follows:

FROM:
*****-***** FREE CASH $6,109.00
11452-53050 LAND COURT FILINGS 14,800.00
TOTAL: $20,909.00
TO:
19412-57630 CLAIMS & DAMAGES $20,909.00
TOTAL: $20,909.00
—> Roll call vote recommending it be denied (10-0) absent, Bresnahan, McGee, Valentin)
Under Discussion:
Councilor McGiverin spoke and stated that a motion would be in order to deny the financial transfer request due to the fact that there is not free cash available to pay the bill and that a new order would need to be filed in the new fiscal year in order for it to be acted upon. Motion was made and seconded to deny the order: Motion passed 10-0 (Valentin, Bresnahan, McGee absent)

PUBLIC COMMENT
Mr. David Yos spoke on Item 8 and encouraged Councilors to vote in favor of the non-binding question regarding two new middle schools. Mr. Yos stated that he is in favor of the petition.

Kirsten Beatty spoke and asked for a resolution from the City to limit wireless internet access because she feels it is unhealthy and poses a cancer risk to residents.

COMMUNICATIONS

Motion was made and seconded to suspend the necessary rules and take Item 18A out of order
The Committee on Development and Governmental Relations to whom was referred an order hat the Honorable City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, vote to accept an offer from Nueva Esperanza, Inc. to purchase the surplus City owned land located at 405 – 407 Main Street for $1,000. The land is approximately 2,614 square feet in size and is identified in the Holyoke Assessors records as Map 028, Block 07, Parcel 002. The property was awarded to the City by a Land Court Decree with a Judgment recorded in Hampden County Registry of Deeds Book 22181, Page 379 and is further described deeds Book 9288, Page 3. The property is zoned Highway Business (BH) and has an assessed value of $24,800
have considered the same and Recommend that the order be adopted .
Under Discussion:
Councilor Bartley spoke on the order and gave information to the Full Council on discussion that took place in DGR with Marcos Marrero. It was noted that Nueva Esperanza had made an offer to pay for certain land in order to have shaded alley where some tables could be put in. It was noted that it was described as spot park by OPED Director Marrero. It was noted that the price of the lot was $1,000. Councilors spoke in favor of the order noting that hopefully it would invigorate the area make it even more appealing. Motion was made and seconded to approve the order: Clerk called the roll Item 18A approved 10-0 (Valentin, Bresnahan, McGee absent)
Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Terence Murphy
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Bresnahan, McGee, Valentin).
Approved by the Mayor.

From Mayor Alex B. Morse letter re-appointing Fire Chief John Pond, Fire Headquarters 600 High St. to serve as the Emergency Management Director for the City of Holyoke: Chief Pond will serve a one-year term: said term will expire on January 2020.
—> Received and appointment confirmed.

From Mayor Alex B. Morse letter re-appointing the following individuals to serve as Commissioner of the Council on Aging for the City of Holyoke:

They will serve a one-year term; said term will expire on August 2020.
—> Received and appointment confirmed.

From Brenna Murphy McGee, MMC re: spreadsheet on cuts for Fiscal Budget FY20.
—> Received.

From Brenna Murphy McGee, MMC and Ryan Allen, Admin. Ass’t. to City Council minutes of June 18, 2019.
—> Received.

From Cheryl A. Dugre, Executive Director Holyoke Retirement Board, to accept the provisions of Chapter 188 of the Acts 2010 Municipal Relief Act; Section 19, and increase the cost of living adjustment (COLA) base for retirees.
—> Received and referred to the Finance Committee.

From Registered Voters of the City of Holyoke, request for non-binding question to be placed on the next general election.
—> Received and referred to the Charter and Rules Committee.

From Meagan Magrath-Smith letter of interest to the Community Preservation Committee (CPC).
—> Received and referred to the Public Service Committee.

Motion was made and seconded to suspend the necessary rules and take Items 10-12 as a package
From Parks & Recreation Commission minutes of February 13, 2019.
—> Received.

From Board of Public Works, Sewer Commission and Stormwater Authority minutes of May 6, and June 3, 2019.
—> Received.

From Board of Fire Commissioners minutes of May 15, 2019.
—> Received.
Under Discussion:
Councilor Bartley spoke on agenda Item 12 and recouping funds from Action Ambulance. Councilor Bartley stated that he is hoping that the City will be able to recoup $80,000 for the lease agreement that was agreed to

Mackenzie Stadium Lease, between the City of Holyoke, Parks & Recreation Department and Commission and Valley Blue Sox Foundation, Inc.
—> Received and referred to the Development and Governmental Relations Committee.

PRESIDENTS REPORT
Councilors shared various upcoming events in the City for the President’s Report

REPORTS OF COMMITTEES

Items A B C D Tabled in order to get legal form for the next meeting.
The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 131 Beech St. for Juan Colon
have considered the same and Recommend that the order be adopted .

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

The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 372 Maple St. for Cynthia Y Hernandez De Leon
have considered the same and Recommend that the order be adopted .

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

The Committee on Ordinance to whom was referred an order that section 4.6.2.1 corner lot – be amended to allow Corner lots to erect and maintain a fence when such fence will have no impact on traffic, visibility, etc.
(4.6.2.1 Corner Lot No Fence shall be erected or maintained within the front or side yard setback of a corner lot as defined in Table 5.2 of the Zoning Ordinance in a manner which interferes with traffic visibility across the corner.)

have considered the same and Recommend that the City Council adopt the recommendation of the Planning Board .

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

The Committee on Ordinance to whom was referred an order that the a handicap sign be placed in back of 3 Charles St. for Betty Hallenbeck
have considered the same and Recommend that the order be adopted .

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

Motion was made and seconded to suspend the necessary rules and take Items 14E & 14F as a package
The Committee on Ordinance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2019, in accordance with M.G.L. Chapter 44 Sec. 53E1/2, the POLICE DEPARTMENT AUXILIARY SERVICES Revolving Fund.
1. Expenditures from the fund shall be specifically for the purposes of labor, contracted services, and supplies in the act of providing Auxiliary Police Services to the City of Holyoke. .
2. The source of receipts to be credited to the Fund shall be amounts invoiced to Auxiliary Service vendors for services rendered. .
3. The officer authorized to expend from the Fund shall be THE CHIEF OF POLICE .
4. The limit on the total amount which may be expended from the Fund during fiscal year 2019 shall be the lesser of actual receipts collected during fiscal year 2019 or $ which, when combined with all other such revolving funds authorized under M.G.L. Chapter 44 Sec. 53E1/2 under the direct control of the officer designated in 3., above, does not exceed 1% of the amount raised by taxation in 2019.
have considered the same and Recommend that the order has been complied with .
Under Discussion:
Councilor Vacon spoke on the orders, It was noted that the revolving fund is no longer needed because the Council has already taken the steps to create a mechanism in which to pay the Auxiliary Police. Item F it was noted that the City Auditor has given the Council the information that was requested of her and therefore both Items have been recommended complied with

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

It was noted that the following Item was supposed to be included on the agenda:
The Committee on Ordinance to whom was referred Special permit application from Canna Provisions Inc. to operate a Registered Marijuana Dispensary 7.10.2 at 380 Dwight St. (Map 21 Block 01 Parcel 003)
have considered the same and Recommend the special permit be granted with the following conditions:

1. That the owner of the building always pay commercial property tax rate to the extent allowed by Federal, State, and Local Laws for the duration of the Sp. Permit
2. That the business retain a minimum 30% Holyoke residents for of non-security jobs
3. That Hiring preference be given to security personnel that are retired Holyoke Police or are a retired member of another police department now lives in the City of Holyoke.
4. That there be no public access to the building
5. That all waste removal be done by a licensed contractor.
6. That hours of operation be Monday-Sunday 8am-6pm
7. A dumpster enclosure will be provided with a screening of vegetation.
8. A traffic mitigation plan will be developed and approved by the City Engineer as per letter dated June 2, 2019, prior to opening.
Under Discussion:
Councilor Vacon gave overview of discussion that took place in the public hearing. It was noted that Canna was an early applicant for their marijuana special permit and that some conditions had been changed or added. Councilor Vacon and Lisi gave overview of the conditions. It was noted that the move was a simple address change from 380R to 380 as an address for the location. It was noted that the applicant had met all necessary ordinance criteria and is ready to move forward.
Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Terence Murphy
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Bresnahan, McGee, Valentin).
Approved by the Mayor.

The Committee on Ordinance to whom was referred that the auditor come before the ordinance to address all payment in lieu of tax programs in the City.
have considered the same and Recommend the order is 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 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 “MASS DEVELOPMENT’S COMMONWEALTH PLACES GRANT” 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 .
Under Discussion:
Councilor Tallman spoke and gave information on the grant. It was noted that the grant would cover visual artwork and other artistic enhancements around the City. It was noted that these enhancements would take place in the Main St. corridor. It was also noted that approx. $24,000 was raised in the community and that the State would be matching approx. $20,000 for these visual improvements and cultural and artistic enhancements. Councilor Tallman stated that this would really help enhance and beautify the Main St. corridor. Motion made and seconded to approve the order: Item 15A Approved 10-0 (Valentin, Bresnahan, McGee absent) It was noted that only one member of the Public Safety Committee was present (Lebron-Martinez) but that Councilor Murphy had sat in and voted in committee on the date the Public Safety committee met. Councilor Murphy agreed to do the committee reports for Public Safety: Councilor Murphy gave committee reports and detailed each of the orders.

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 0–Absent 3 (Bresnahan, McGee, Valentin).
Approved by the Mayor.

The Committee on Public Safety to whom was referred an order that a pedestrian safety study be done at the intersection of Northampton Street and Dwight Street. Pedestrians have expressed concerns that vehicles making a right on red from Northampton Street onto Dwight Street are failing to be cautious of pedestrians crossing Northampton Street, resulting in near hits.
have considered the same and Recommend that the order be complied with .
Under Discussion:
Councilor Murphy stated that DPW has made changes and added some signage in order to mitigate the situation and that DPW feels that the changes made will be an improvement. Committee report adopted : Complied with by voice vote.