Holyoke City Council Meeting September 15, 2020

REGULAR MEETING OF THE CITY COUNCIL
September 15,2020

The meeting was called to order by President McGee at 07:10 PM.

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

The name of Councilor Anderson-Burgos was drawn to head the roll call voting.

Motion was made and seconded to suspend the necessary rules and take Late File D out of order.

LAID ON THE TABLE

That the Committee on Development and Government Relations to whom was referred a communication from the Office of the Attorney General, Open Meeting Law Complaint. In City Council August 4, 2020.
—> Received and adopt. Confirm it was sent to the Attorney General with updated language from City Solicitor.

PUBLIC COMMENT

 

COMMUNICATIONS

From Mayor Alex B. Morse letter reappointing the following individuals as commisioners of the Council on Aging for the City of Holyoke:
Susan Aiken, Sean Gonsalves, Julita Rojas, Kyong Cruz, Nicole Perrier, Priscilla Garcia, Dian McCollum, Cappie Glica, Barbara J. Grady, Len Brouillette, Margaret Lemire and Wayne Klinge, they will serve a one year term; said term will expire on August 2021.
—> Received and appointment confirmed.

From Mayor Alex B. Morse letter re-appointing Tessa Murphy-Romboletti, 179 High St. Apt 2A, Holyoke, MA to serve as a member of the Holyoke Economic Development and Industrial Corporation (HEDIC): This seat on the Board of Directors represents the At-Large Sector. This is a three-year term which will expire on June 30, 2023.
—> Received and appointment confirmed.

Settlement Agreement by and between the City of Holyoke and the UFCW, Local 1459, DPW Unit,
—> Received and referred to the Finance Committee.

From James Fitzgerald, 439 Northampton St. Open meeting Law Complaint Form alleged violation August 4, 2020.
—> Received and referred to the Development and Governmental Relations Committee.

From Scott DeFelice, 60 Cleveland St. Holyoke, email with concerns to Holyoke Board of Health Director and City Councilors re: concerning lack of high risk planning in or city regarding COVID-19.
—> Received.

From Sean Gonsalves, Director Board of Health, Re; West nile virus Mosquito in Holyoke.
—> Received.

From L. Levesque Associates Inc. letter re: Request for Withdrawal – Preliminary Subdivision Application Northampton St. Parcel ID #: 223-00-001, 223-00-005, 223-00-008.
—> Refer to Planning.

From R Levesque Associates, Inc. letter re: 500 Easthampton Rd. Parcel #213-00-003 request for Special permit reinstatement and extension. (Drive Thru Facility)
—> Received and referred to the Development and Governmental Relations Committee.

From Board of Fire Commission minutes of June 18 and July 30, 2020.
—> Received.

From Parks and Recreation Commission Meeting minutes from June 16, 2020
—> Received.

PETITIONS

Petition of Diego Munoz Torres for a new second hand license for 241 Main St.
—> Received and referred to the Ordinance Committee.

Petition of Gladysh Capital LLC,for a special permit for a driveway in Front yard (6.1.8.1) at 921 Dwight St..
—> Received and referred to the Development and Governmental Relations Committee.

REPORTS OF COMMITTEES

The Committee on Ordinance to whom was referred a Special Permit application of Buudda Brothers LLC for a Marijuana Manufacturing Establishment (MME) at 602-606 Main St. (Map:026 Block:02 Parcel:007) Holyoke MA
have considered the same and Recommend that the Special Permit be approved with the following conditions:

Special Permit application of Buudda Brothers LLC for a Marijuana Manufacturing Establishment (MME) at 602-606 Main St. (Map:026 Block:02 Parcel:007) Holyoke MA

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. There shall be no marijuana consumption to be allowed on site
5. There shall be no deliveries of retail or medical marijuana rom the site to individual homes, residences or people
6. That hours or operation be in compliance with the City Ordinances
7. That all recommendations from the Office of Planning and Economic Development and the City Engineer be complied with .

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 1 (Greaney, Jr.)–Absent 2 (Lebron-Martinez, Tallman).
Approved by the Mayor.

The Committee on Ordinance to whom was referred a Special Permit application of Exotica Farms LLC to establish a Marijuana Manufacturing Establishment (MME) at 5 Appleton St. (Map 049 Block 01 Parcel 006) Holyoke MA
have considered the same and Recommend that the Special Permit be approved with the following conditoins:
Approved 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. There shall be no marijuana consumption to be allowed on site
5. There shall be no deliveries of retail or medical marijuana from the site to individual homes, residences or people
6. That hours or operation be 8am to 8pm Monday through Saturday and 8am to 5pm on Sunday.
7. the condition of the foundation is satisfactory to the Building Commissioner (this condition was amended out)
.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 1 (Greaney, Jr.)–Absent 2 (Lebron-Martinez, Tallman).
Approved by the Mayor.

The Committee on Ordinance to whom was referred an order that a No Parking sign be added on Cherry Street between the Dale Street intersection and the next No Parking sign as you travel toward the Maple Crest Apartments:
have considered the same and Recommend that the City Council adopt the recommendation of the City Engineer .

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and the Ordinance passed its first reading.
The Ordinance passed its second reading.
The Ordinance was passed to be enrolled.
The Committee has considered the same and find that it is truly and properly enrolled.
Report of Enrollment received.
The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Tallman).

The Committee on Ordinance to whom was referred an order That in order to assure efficient truck docking, no parking be allowed on the west side of Beaulieu Street at the intersection with Stebbins St. from the northwesterly corner to a point 30 feet farther north
have considered the same and Recommend that the City Council adopt the recommendations of the City Engineer .

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and the Ordinance passed its first reading.
The Ordinance passed its second reading.
The Ordinance was passed to be enrolled.
The Committee has considered the same and find that it is truly and properly enrolled.
Report of Enrollment received.
The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Tallman).

The Committee on Ordinance to whom was referred an order That the City Engineer provide a recommendation to the Ordinance Committee for a minimum buffer from which vehicles can park near city crosswalks. (This issue came up during an Ordinance meeting regarding the Elmwood Towers crosswalk and the City Engineer advised there is no city ordinance on point.)
have considered the same and Recommend that the City Council adopt the recommendation of the City Engineer: apply the recommended minimum 20-foot separation distance at all midblock crosswalks and phase in application of a minimum separation distance at intersections Change paragraph (2) from “Upon any crosswalk” to “Upon any crosswalk or within 10 feet of any crosswalks at existing intersections or 20 feet of any crosswalk at mid-block crossings or new or reconstructed intersections” .

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> Report of Committee received and the Ordinance passed its first reading.
The Ordinance passed its second reading.
The Ordinance was passed to be enrolled.
The Committee has considered the same and find that it is truly and properly enrolled.
Report of Enrollment received.
The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lebron-Martinez, Tallman).

The Committee on Ordinance to whom was referred an order that the DPW install raised crosswalks on Pleasant St. at the following locations: Harvard St., Radcliffe St., and Montgomery St.
have considered the same and : Recommend that the order has been complied with.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez
—> 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 “CANAL SYSTEMS INDUSTRIAL AREA” grant. And authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.
have considered the same and Recommend that the order be deny.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
—> Report of Committee passed two readings and denied on a call of the roll of the yeas and nays –Yeas 4–Nays 7 (Anderson-Burgos, Bartley, Hernandez, Lisi, McGee, McGiverin, Murphy)–Absent 2 (Lebron-Martinez, Tallman).
A motion was made and seconded to reconsider the action and lay the item on the table.
Laid on the table.

The Committee on Finance to whom was referred an order that in accordance with M.G.L Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “PVPC/CRCC” grant. and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
—> 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, Tallman).
Approved by the Mayor.

The Committee on Finance to whom was referred an order Ordered that any transfers from personnel budget lines to overtime (51300-51399) require approval by the City Council:
have considered the same and Recommend that the order be referred to the Ordinance Committee.  .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
—> Received and referred to the Ordinance Committee.

The Committee on Finance to whom was referred an order that the City Tax Collector and Assessor come before the Finance Committee to discuss the Excise tax with regard to companies like United Tractor Trailer, Amazon, etc.
have considered the same and Recommend that the order has been complied with .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order that the Finance Committee invite in the Parks and Rec. Director Terry Sheppard and Ms. Ferriter to discuss Community Field developments: Recommend that the order has been complied with
have considered the same and Recommend that the order has been complied with .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
—> Report of Committee received and recommendation adopted.

The Committee on 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 107 Clemente Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 028, Block 03, Parcel 002, consisting of a vacant lot approximately 6,534 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 8162, Page 162. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on July 2, 2013 in Hampden County Registry of Deeds Book 19903, Page 535. The property is zoned Downtown Residential (DR) and has an assessed value of $32,600.
have considered the same and Recommend the order be adopted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Hernandez, Lebron-Martinez, Tallman).
Approved by the Mayor.

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 415 Main Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 028, Block 07, Parcel 004, consisting of a vacant mixed use style building on an approximate 2,744 square foot lot. The property is more particularly described at the Hampden County Registry of Deeds in Book 16242, Page 457. The property was awarded to the City via   Land Court Decree with a Final Judgment recorded on March 3, 2020 in Hampden County Registry of Deeds Book 23111, Page 441. The property is zoned Highway Business (BH) and has an assessed value of $122,300.
have considered the same and Recommend the order be adopted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Hernandez, Lebron-Martinez, Tallman).
Approved by the Mayor.

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 417 Main Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 028, Block 07, Parcel 005, consisting of a vacant lot approximately 2,744 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 16242, Page 457. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on March 3, 2020 in Hampden County Registry of Deeds Book 23111, Page 441. The property is zoned Highway Business (BH) and has an assessed value of $13,100.
have considered the same and Recommend the order be adopted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Hernandez, Lebron-Martinez, Tallman).
Approved by the Mayor.

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 525 Pleasant Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 091, Block 00, Parcel 073, consisting of a vacant lot approximately 7,841 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 2273, Page 304. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on March 3, 2020 in Hampden County Registry of Deeds Book 23111, Page 440. The property is zoned Multi-Family Residence (RM-20) and has an assessed value of $36,400.
have considered the same and Recommend the order be adopted.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Hernandez, Lebron-Martinez, Tallman).
Approved by the Mayor.

The Committee on Development and Governmental Relations to whom was referred an order that the City begins to find ways to address the appearance of High St. with the blighted buildings, and other open space abandonment, this has been a constituents request.
have considered the same and Recommend the order has been complied with.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and recommendation adopted.

The Committee on Development and Governmental Relations to whom was referred an order that the Director of Planning and Economic Development meet with the DG&R Committee to discuss the future of the Armory Building sight. Does the City have any reputable offers for the property which can be implemented in the next couple of years? If not, would the demolition of the remaining structure create an opportunity to construct several new homes at that intersection?
have considered the same and Recommend the order has been complied with.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

MCGEE, Anderson-Burgos, Bartley, Greaney, Jr., Hernandez, Leahy, Lebron-Martinez, Lisi, McGiverin, Murphy, Sullivan, Tallman, Vacon Ordered, that That the Holyoke City Council vote to adopt Maple Street (from Lyman to Hampden) as “Marty Dunn Way” or some other appropriate designation.
—> Received and adopted.

MCGEE Ordered, that that the DPW remove the tree in front of 111 and 113 Dartmouth and repair the raised sidewalk.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

MCGEE, Anderson-Burgos, Leahy Ordered, that that the DPW remove the tree in front of 58 Magnolia, it is a safety hazard.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

MCGEE Ordered, that that the DG&R committee invite in David Skoczulek, Vice President of Business Development, to discuss Mount Saint Vincent – iCare Health Network.
—> Received and referred to the Development and Governmental Relations Committee.

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, NINETEEN THOUSAND FIVE HUNDRED EIGHTEEN AND 95/100 Dollars ($19,518.95) as follows:

FROM:
12201-51105 FIREFIGHTER $19,518.95
TOTAL: $19,518.95
TO:
12201-51180 INJURED ON DUTY $19,518.95
TOTAL: $19,518.95

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, September 15, 2020.

Alex B Morse, Mayor

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

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY SEVEN THREE HUNDRED FOUR AND 99/100 Dollars ($37,304.99) as follows:

FROM:
12101-51105 SERGEANTS $19,775.87
12101-51107 PATROLMEN 17,529.12
TOTAL: $37,304.99
TO:
12101-51180 INJURED ON DUTY $37,304.99
TOTAL: $37,304.99

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, September 15, 2020.

Alex B Morse, Mayor

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

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, EIGHT THOUSAND FIVE HUNDRED AND 00/100 Dollars ($8,500.00) as follows:

FROM:
11451-51102 ASSISTANT TREASURER $8,500.00
TOTAL: $8,500.00
TO:
11452-53010 PROFESSIONAL SERVICES $8,500.00
TOTAL: $8,500.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, September 15, 2020.

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

MCGIVERIN Ordered, that that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY21 & FY22 MUNICIPAL VULNERABILITY PREPAREDNESS ACTION (MVP ACTION)” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, September 15, 2020.

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

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, TWELVE THOUSAND FIVE HUNDRED FORTEEN AND 00/100 Dollars ($12,514.00) as follows:

FROM:
14301-51102 REFUSE HMEO $8,365.00
14301-51106 REFUSE/RECYCLING COORDINATOR 2,198.00
14801-51101 PARKING CONTROL OFFICER 1,951.00
TOTAL: $12,514.00
TO:
14221-51103 BUILDING MAINT MAN $598.00
14221-51104 BUILDING LABORER 123.00
14221-51300 BUILDING OVERTIME 100.00
14221-51400 BUILDING LONGEVITY 100.00
14251-51104 HIGHWAY HMEO 6,635.00
14251-51105 HIGHWAY LODR 1,549.00
14251-51106 HIGHWAY DEMO WORKER 709.00
14251-51300 HIGHWAY OVERTIME 250.00
14251-51301 HIGHWAY SNOW OVERTIME 1,750.00
14251-51400 HIGHWAY LONGEVITY 700.00
TOTAL: $12,514.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, September 15, 2020.

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

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, TWENTY ONE THOUSAND TWO HUNDRED EIGHT TWO AND 00/100 Dollars ($21,282.00) as follows:

FROM:
14801-51101 PARKING CONTROL OFFICER $14,001.00
16501-51109 PARKS MAINT. MAN 7,281.00
TOTAL: $21,282.00
TO:
14261-51102 AUTO MOTOR EQUIP. REPAIRMAN $1,323.00
14261-51103 AUTO MOTOR EQUIP. MAINT. MAN 638.00
14261-51105 AUTO EVT MECHANIC 883.00
14261-51106 AUTO POLICE FLEET MECHANIC 414.00
14261-51300 AUTO OVERTIME 175.00
14261-51400 LONGEVITY 200.00
14301-51102 REFUSE HMEO 4,949.00
14301-51104 REFUSE HMEO RECYCLER 11,515.00
14301-51300 REFUSE OVERTIME 585.00
14301-51400 REFUSE LONGEVITY 600.00
TOTAL: $21,282.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, September 15, 2020.

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

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND TWENTY SEVEN AND 00/100 Dollars ($5,027.00) as follows:

FROM:
16501-51109 PARKS MAINT. MAN $5,027.00
TOTAL: $5,027.00
TO:
14801-51101 PARKING CONTROL OFFICER $622.00
14801-51400 PARKING LONGEVITY 100.00
16501-51106 PARK HMEO 1,273.00
16501-51109 PARKS MAINT. MAN 1,805.00
16501-51110 PARKS. MAINT. CRAFTSMAN 597.00
16501-51300 PARKS OVERTIME 230.00
16501-51400 PARKS LONGEVITY 400.00
TOTAL: $5,027.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, September 15, 2020.

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

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, TEN THOUSAND DOLLARS AND 00/100 Dollars ($10,000.00) as follows:

FROM:
14301-51102 REFUSE HMEO $10,000.00
TOTAL: $10,000.00
TO:
14301-51240 TEMPORARY/SEASONAL $10,000.00
TOTAL: $10,000.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, September 15, 2020.

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

MURPHY, McGiverin, Tallman Ordered, that Ordered that the city council authorize the mayor to change the job title of the tax collector to tax collector/Covid 19 Emergency Finance Director, and offer a salary of $80,000 for the combined position while the emergency continues.  Prior to doing this, please confirm that FEMA can provide full reimbursement for the additional salary.  The title would revert back to tax collector when the Covid 19 Emergency is done!
—> Received and referred to the Mayor Morse as a request for a transfer for next agenda..

MURPHY Ordered, that Ordered, “To prohibit parking on the easterly side of Main Street from HG&E pole #95 to a point 60 feet farther north”

Location
Main St.
Side
Easterly
From
HG&E pole # 95
to
Point 60 feet farther north
type
No parking between signs
—> Received and referred to the Ordinance Committee.

MURPHY Ordered, that that the speed radar machine be placed on Ingleside Street between St Vincent St to and from the intersection with Main St on Rte 5  There are concerns of speeds accelerating well beyond the speed limit.  Please report findings to city council by October 15th.         —> Received and adopted. Referred to the Holyoke Police Department. Copy to Public Safety.
Approved by the Mayor.

MURPHY Ordered, that that the public safety committee solicit councilor input for streets on which raised sidewalks might have a significant impact on reducing speeding and improving traffic safety.  The goal would be to put a list together of city streets which need safety improvements, and then seek funding to make those improvements.  One request would include the curved roadway on West Franklin Street, as well as other request already made, including Main Street and Pleasant Street.
—> Received and referred to the Public Safety Committee.

MURPHY Ordered, that that the human resource director provide a report to the city council on the number of employees with more than three years experience  who have left employment with the DPW during the past five years, other than those who have retired.  The report should include whether any of these former employees had filed any complaints, and if so, what kind of complaint.  Also, please provide a listing of any positions filled in an emergency basis, and whether that position ever was advertised afterward, and if so, was the emergency appointment the final hire?  Lastly, please provide a current listing of open positions within the department, with a planned date for filling the position.
—> Received and adopted. Referred to the Human Resources. Copy to Ordinance.
Approved by the Mayor.

MURPHY Ordered, that that the DPW provide a listing of the 30 most dangerous trees needing trim or removal within the city.  Assuming that the city would need to hire an outside contractor to do much of the work, please provide an estimate of the potential cost and time frame for removing or pruning them this fall. Please submit report to city council for the Oct 6 meeting.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

MURPHY Ordered, that that the DPW remove the ZipCar signage at Dwight and Maple Streets since without the repeal of the current ordinance, those spots legally should be meter based parking.
—> Received and adopted. Referred to the DPW. Copy to Holyoke Police Department.
Returned without signaure of the Mayor.

MURPHY Ordered, that that the director of the health department, a representative from the police department, the director of veterans services, and other interested parties appear before the public safety committee to discuss the problems associated with tented camps throughout the city.  Evidence points to health hazards including significant needles around these sites, and well as trash and other materials.  What can the city legally do to clear these camps?  Have we found any effective ways to provide options to encourage those in need to various service options such as housing, drug addiction services, and veterans services?
—> Received and referred to the Public Safety Committee. Copy to Board of Health.

MURPHY Ordered, that that the city engineer work with the city solicitor to see if there are any deed restrictions preventing the city from putting sidewalk curbs at 452 Main St, and allowing additional parking in front of the building.  Please report findings to city council by October 6th.  There is a need for more business friendly parking on the street.
—> Received and adopted. Referred to the City Engineer and Law Department. Copy to Ordinance.
Approved by the Mayor.

MURPHY Ordered, that that the zoning on the west side of Main Street from the northerly side of Sargeant Street to the southerly side of Hamilton Street be changed from BH (business highway) to BC (central business)
—> Received and referred to the Ordinance Committee.

MURPHY, Sullivan, Vacon Ordered, that that the city council request the personnel director open and post the position of Deputy Director of Emergency Finance funded via the CARES Act.  Although the job posting was to be made public from May 27-June 3, it was never posted.  A person applying for another CARES Act job was instead given the position without advertising it. Reasons for this hire without posting were it was a temporary status, there was an immediate need to hire, and that we had a qualified candidate.  Those reasons, when compared with the facts, do not justify the city not posting the position.  The idea that there was an immediate need seems false since, had it been posted, the hiring when it did occur would have been still 8 weeks later.  The second point that they had found a qualified candidate, so therefore no need to post, again is betrayed by the facts. The qualified candidate found only came about because of the posting for the Director of Operations and Logistics, which should have been posted at the same time.
To create a fairer and more transparent process, avoid the appearance of political influence, and to allow other applicants including maybe someone from Holyoke to apply, the position should be posted, and applications welcomed.
—> Received and adopted. Referred to the Mayor. Copy to Human Resources.
Returned without signaure of the Mayor.

MURPHY Ordered, that that a handicap sign be placed in front of 7 Vernon St. for Matilde DeJesus placard #P69513994.
—> Received and referred to the Ordinance Committee.

SULLIVAN, Vacon Ordered, that That the City Council adopt a resolution on Zero tolerance policy against sexual harassment and abuse of power.

Whereas, the City of Holyoke and the Holyoke City Council has a zero tolerance policy against sexual harassment and abuse of power;
Whereas, City Councilors and city employees; including, the Mayor, individually agree to follow the sexual harassment policy of the City of Holyoke and the state laws of Massachusetts;
Whereas, the Mayor has acknowledged publicly that he had sexual relations with students while he was a member of the faculty at U-Mass Amherst. In response to the serious allegations of students and his response, Mayor Morse has been removed from the UMass employee roster and will not be invited back to work as a Lecturer; moreover, UMass has retained outside counsel to do an independent investigation and thorough examination of the facts surrounding these serious allegations;
Whereas, the Mayor of Holyoke, is the top elected official of the city, is in his elected capacity as Mayor in all settings at all times and represents the city in all that he or she does. His actions, given that his admitted behavior and apparent abuse of power is alleged to have occurred with students of a school at which he was teaching, the Mayor, who also serves as Chairman of the Holyoke School Committee, has brought into question his effectiveness to additionally serve in that role and be a leader of our school system.
Now therefore be it resolved that, we, the City Council, seek the results of the outside independent investigation being conducted by UMass to determine if further investigation is warranted to determine if the Mayor acted in violation of the city’s zero tolerance policy towards sexual harassment and abuse of power towards students, employees, contractors or such related parties of the City of Holyoke. In the event that further investigation is found to be warranted, the Mayor and City Council shall fully cooperate in any investigation.
—> Given leave to withdraw.

SULLIVAN, Bartley, Greaney, Jr., Vacon Ordered, that The City of Holyoke, through its Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Court to enact Legislation to establish a process for recalling elected officials in the City of Holyoke, and that said Legislation be entitled:

AN ACT PROVIDING FOR THE RECALL OF ELECTED OFFICIALS IN THE CITY OF HOLYOKE

and that said act read as follows:

Section 1. any person who holds an elected city office, whose term is four years with more than twelve months remaining of the term of office, may be recalled from the office, by the voters, in the manner provided in this section.

Recall of Elected Officials

(a)
Recall Petitions. two hundred fifty or more voters may file with the city clerk an affidavit containing the name of the officer whose recall is sought and a statement of the grounds upon which the petition is based not less than twelve months prior to the expiration of the term of office. The names on the affidavit shall be from the city at large.

The city clerk shall deliver to the said voters petition blanks demanding said recall, printed forms of which he shall keep available. The blanks may be completed by writing or typewriting; they shall be addressed to the city council; they shall contain the names of the persons who have filed the affidavit and the grounds for recall as stated in the affidavit; they shall demand the election of a successor to the office; and they shall be dated and signed by the city clerk. A copy of the petition shall be kept on file in the office of the city clerk in a record book maintained for that purpose. The recall petitions shall be returned and filed in the office of the city clerk within thirty days following the date the petitions were issued, signed by at least fifteen percent of the total number of persons registered to vote at the preceding city election.

The city clerk shall, within twenty-four hours following such filing, submit said petitions to the registrars of voters who shall forthwith certify thereon the number of signatures which are names of voters.

(b)
Recall Election. If the petition shall be certified by the registrars of voters to be sufficient, the city clerk shall forthwith submit the same to the city council. Upon its receipt of the certified petition, the city council shall forthwith give written notice of said petition and certificate to the person whose recall is sought. If the officer does not resign his office within 10 days following delivery of the notice, the city council shall order an election to be held with the subsequently scheduled November election, excluding the November election held during the final year of the officers term..

(c)
Nomination of Candidates. An officer whose recall is sought may not be candidate to succeed himself at the recall election. The nomination of candidates, the publication of the warrant for the recall election, and the conduct of the same shall all be in accordance with the provisions of other laws relating to elections, unless otherwise provided in this section.

(d)
Propositions on Ballot. Ballots used at a recall election shall state the following propositions in the order indicated:

For the recall of (name of officer) / /

Against the recall of (name of officer) / /

Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the propositions shall appear the word “candidates” and the names of candidates arranged alphabetically, by surname. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of the votes on the question is in the negative, the ballots for candidates need not be counted, except as provided in (c) above.

(e)
Officeholder. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled in the election he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in this section.

If the officer is recalled in the election, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.

(f)
Repeat of Recall Petition. No recall petition shall be filed against an officer within six months after he takes office, or in the case of an officer subjected to a recall election and not recalled thereby, until after the completion of the current term.

Section 2. So much of Chapter 438 of nthe Acts of the Year 1896, as appearing in Chapter 189 of the Acts of the year 1992, and any acts in amendment thereof an din addiiton thereto, as are inconsistent with this act, are hereby repealed.

Section 3. This act shall be submitted for acceptance to the qualified voters of the City of Holyoke by the City Clerk placing the following question on the official ballot to be used in the city of holyoke at the regular municipal election to be held in the year 2021.

“Shall the City of Holyoke implement a recall process for any elected official whose term exceeds two years, with more than twelve months remaining of the term of office.”

If a majority of the votes in answer to said question is in the affirmative, this act shall take effect forthwith.

Section 4 the City solicitor shall prepare a fair, consice summary and purpose of the law to appear with the question no later than 35 days before the election in accordance with section 58A of Chapter 54 of the General Laws.

Section 5: the General Court may may make clerical or editorial changes of form only to the bill, unless the Mayor and City Councill approve amendments before enactment by the General Court. The Mayor and City Council are hereby authorized toapprove amendments which shall be within the scope of the general public objective of this petition.

Section 6: This act shall take effect upon its passage.

—> Received and referred to the Charter and Rules. Copy to City Clerk.

VACON, Greaney, Jr., Murphy, Sullivan Ordered, that The Holyoke City Council requests the results of the U-Mass Amherst investigation of Mayor Alex Morse so that a determination can be made as to whether an investigation is warranted by the City of Holyoke.
—> Received and adopted. Referred to the UMASS-Amherst and please report back to the Holyoke City Council.
Returned without signaure of the Mayor.

VACON Ordered, that that our Engineer recommend the most effective safety measures such as; no parking here to corner signs be placed at the Vermont and Kane intersection or “no parking” be established on Vermont St. between Kane and Westfield road to enable emergency vehicles and busses turn at the intersection and to improve safety for pedestrians.  Refer to Ordinance
—> Received and referred to the Ordinance Committee.

VACON, Bartley Ordered, that that speed monitors be placed on Homestead Ave due to excessive speeding. This is a constituent request.
—> Received and referred to the Holyoke Police Department.
Approved by the Mayor.

ANDERSON-BURGOS Ordered, that that a light pole be placed in front of 37 St Jerome Ave. The residents who reside there have been victims of vandalism including having their tires slashed, windows broken, side view mirrors smashed and their personal belongings stolen. The owners of the property have been living there for over 12 years and the crimes that occur have been increasing over years. The owner’s wife works late hours and she has noticed unusual activity coming from unfamiliar vehicles parked in front of her home. She fears pulling up to her to her own home at night.
—> Received and adopted. Referred to the Holyoke Gas and Electric. Copy to Mayor Morse.
Approved by the Mayor.

BARTLEY Ordered, that City Council web page include committee assignments.  Former site included this important information but current one does not. Please also fix the City Council Agenda and Minutes link.   Refer to Mayor and/or Whalley.  Please update ASAP as this is a request from the public.
—> Received and adopted. Referred to the Refer to Whalley Computers. Copy to Mayor Morse.
Approved by the Mayor.

BARTLEY Ordered, that That the City of Holyoke install a handicap accessible sign at 126 Brown Ave. Please refer to Ordinance an the Disabilities Commission.
—> Received and referred to the Ordinance Committee.

BARTLEY Ordered, that The City of Holyoke amend Zoning Ordinance section 4.3(A)(8) and 9.3 and any other ordinance or regulation so as to require a special permit prior to granting permission for residential care or rehabilitation (also known as group homes) 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. Refer to ordinance.
—> Received and referred to the Ordinance Committee.

BARTLEY Ordered, that The City of Holyoke’s engineer provide a recommendation to the City Council as to whether a 4-way stop should be installed at the intersection of Hitchcock and Martin Streets. Refer to ordinance.
—> Received and referred to the Ordinance Committee.

BARTLEY, Vacon Ordered, that The City Council refer to DPW and the City Engineer a recommendation to mark “no trucks allowed” or some such notification at the following streets: Homestead Avenue (southbound lane near Westfield Road), Moss Ave., Memorial Dr., Edbert Dr. and Michigan Ave. Moreover City council refer this order to HPD and MSP for enforcement. Numerous calls and sightings of oversized vehicles traveling these areas prompted this Order.
—> Received and adopted. Referred to the DPw, City Engineer, Holyoke Police Department and Massachusetts State Police.
Approved by the Mayor.

BARTLEY, Leahy Ordered, that The City of Holyoke replace the old sidewalks on Brown Avenue. In particular, the ones beyond Laurel St are in very poor condition and have become trip hazards for children and seniors in particular.  On 9/7/20, a senior tripped, fell and hurt herself and had to be aided by concerned neighbors.  Lastly, Please consider this order when applying for CDBG funds.  Refer to DPW and the Mayor.
—> Received and adopted. Referred to the DPW. Copy to Mayor Morse.
Approved by the Mayor.

BARTLEY Ordered, that City Council give a proclamation to Sheriff Nik Cocchi and the Hampden County  Community Service Officers for their years of service to the public. The officers and the inmates they supervise  annually provide thousands of hours to help the City of Holyoke
—> Received and adopted.

BARTLEY Ordered, that Ordered, that the City Council approve the Resolution for the Certified Housing Development Incentive Program Project and local Tax Increment Exemption (TIE) Agreement with Hotel Jess, LLC for the redevelopment of 319-335 Main Street, Board of Assessors Map 033, Block 04, Parcels 002, 003, and 004 (known as “Hotel Jess”). ( see attached resolution)
—> Received and referred to the Development and Governmental Relations Committee.

BARTLEY Ordered, that Ordered, that the City Council approve the Resolution for the Certified Project and the Tax Increment Financing (TIF) Agreement with Hotel Jess, LLC for the redevelopment at 319-335 Main Street, Board of Assessors Map 033, Block 04, Parcels 002, 003, and 004. ( see attached resolution)
—> Received and referred to the Development and Governmental Relations Committee.

HERNANDEZ Ordered, that Stephen Bosco, Arrow Properties,  413-536-0555, of 430 Appleton Street has reported that there is a large dead city tree in front of his property.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

HERNANDEZ Ordered, that Unhealthy medium size looking tree on the sidewalk, in front of 253-255 Walnut need to be inspected.  Neighbors concerned with it being uprooted and causing damage.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

HERNANDEZ Ordered, that Serious concern on the removal of trash at 50 Clinton Avenue, property managed by Wayfinders, met with landlord and learned that there is a clearance issue when the privately contracted trash removal company arrives to for trash pick up, they cannot obtain enough space to enter area as to where dumpsters are located.  Management has been fined by both City and Police Departments for attempting at mitigating situation and being penalized for it. I order a study to be conducted in an effort to find a solution to this situation.  This property houses programs that helps young adult mothers get back on their feet, this landlord/organization has been a long ally to the City of Holyoke bringing much needed social services to our residents and we need to ensure this issue is looked at and we cease all fines until then.
—> Received and referred to the Public Safety Committee. Copy to Holyoke Police Department, DPW.

HERNANDEZ Ordered, that Requesting to have BOH present a follow up discussion on the trash issue that occurred at 182 Oak Street back in August 26, 2020 when two private landlords were in disagreement of who’s trash it was, and refused to pick up, therefore causing a huge mess, nuisance to surrounding neighbors and overall population of this great City. Specifically would like to learn as to what ultimatum has been given to these property owners, fee that the City incurred for finalizing this task.
—> Received and referred to the Public Safety Committee.

HERNANDEZ Ordered, that The City Council must acknowledge and disavow the embarrassing and inflammatory public statement made by Councilor Michael Sullivan, and other Councilors such as David Bartley, Linda Vacon and Howared Greaney who signed on, regarding our Still Honorable Mayor Alex Morse and the fabricated allegations of sexual misconduct against him: a) that Councilor Sullivan be censured for his inappropriate public remarks,which were an abuse of his position and which has caused an embarrassment to the City of Holyoke and this body, b)that councilor Sullivan issue an apology for his inappropriate public remarks, c)that Councilors Sullivan, Vacon, Bartley and Greaney retract their endorsement of a petition to initiate an investigation, void of any factual basis, of Mayor Morse’s personal life.
—> Given leave to withdraw.

LEBRON-MARTINEZ Ordered, that That a handicap sign be placed in front of 77 Pine St for Carlos E. Benitez, Placard #PL2560172.
—> Received and referred to the Ordinance Committee.

LATE FILED ORDERS & COMMUNICATIONS

HERNANDEZ Ordered, that DPW Superintendent, Michael McMannus to provide answers on the corrected Recycling calendars that many constituents have not received after having received the one with incorrect dates.  Also on the DPW tab on our website, constituents cannot access the recycling calendar.  Can a calendar be accessible through the website?
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

HERNANDEZ Ordered, that The removal of handicap sign from 32 Clinton Avenue
—> Received and referred to the Ordinance Committee.

Statement from Councilor Libby Hernandez I would like to clarify that on a vote that I casted as en elected official of this great city, City Councilor for Ward 4, it was done in error and I humbly would like to request this be acknowledged that as to my YES vote on June 24th during the Ordinance meeting, I voted yes to adopt the planning board recommendation, which was to deny the zone change from BH to R2,  there was a very busy back and forth discussion and my train of thought was always in favor of the residents, Mr. Fitzgerald who brought forward valid reasons as to why this neighborhood was in opposition of the intentions of this landowner to bring businesses that would drastically transform their residential space and atmosphere all around.  My vote is and should had been a “NO”.  When I realized afterwards the mistake, I communicated to our Council President Todd McGee who expressed to me that we could discuss it in next meeting.  I apologize to my constituents and please know that my willingness to continue learning and growing in my role as an elected official hopefully will compensate for these early missteps.  Thank you.
—> Received.

 

Adjourn at 11:00 AM.
A true record
ATTEST:

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City Clerk