Holyoke City Council Meeting April 4, 2023
7:00 pm City Hall Holyoke
536 Dwight St, Holyoke 01040
Agenda posted March 31, 2023, 12:30 PM
Meeting will take place at Holyoke City Hall, 536 Dwight St
and can also be accessed remotely via www.zoom.us
https://us02web.zoom.us/j/85914960000?pwd=QVBqSkJvd0pSZENmNFdDbnVXTnVTUT09
Meeting ID: 859 1496 0000 Meeting Passcode: 657908 or by call in at 1 (646) 558-8656 with same Meeting ID and Passcode.
Live Spanish interpretation will be available on local access channel 15 using the television’s SAP option, through the live stream on the city website, as well as on the Zoom feed by clicking the interpretation option and choosing Spanish.
AGENDA FOR THE CITY COUNCIL
April 4,2023
7:00 PM
LAID ON THE TABLE
1. Petition of Steven P. Glaude for a zone change application from BG to BH for 2203 Northampton St. Petition of
2. The Committee on Finance to whom was referred an order that our City Solicitor draft a ballot question for the next eligible election for voters to decide if the CPA tax should be reduced from 1.5% to 0.5% in light of the current financial hardship of our taxpayers.
Taxes will increase by over $200.00 per year for a house valued at $236,262 due to repeated inability to achieve 7 votes of the City Council for lower taxes for homeowners. This increase is taking place along with significant increases in sewer, gas, electricity, food & heating prices. Voters should have the right to decide the rate. City Council initiated the CPA tax here originally, so needs to vote to place it on the ballot again for voters to decide. Recommended that the order be adopted, as amended to 1%.
3. The Committee on Finance to whom was referred an order that we invite in the CPA board members to give an update on the program. Recommended that the order has been complied with
4. The Committee on Ordinance to whom was referred an order that following the adoption of a resolution in support of the district, that the Ordinance Committee work with the mayor and the appropriate city and state departments to adopt an ordinance creating a Puerto Rican Cultural District within the City of Holyoke.
PUBLIC COMMENT
COMMUNICATIONS
5. From Mayor Joshua A. Garcia, letter reappointing Ms. Kate Kruckemeyer, 63 Fairfield Ave. to serve as a Commissioner of the Planning Board for the City of Holyoke: Ms. Kruckemeyer will serve a five year term; said term will expire on June 30, 2028.
6. From Mayor Joshua A. Garcia letter reappointing Mr. George W. Mettey, 7 Hemlock Dr. to serve as Fire Commissioner for the City of Holyoke: Mr. Mettey will serve a three year term; said term will expire on May 13, 2026.
7. Letter from Mayor Joshua A. Garcia, and School Building Committee, Chair, Erin Brunelle, School Committee Member, & Anthony Soto, Superintendent and SBC member regarding the Progress on Middle School Building Project.
8. From Kathleen Degnan, Asst City Solictor Community Preservation Act Ballot Question and Draft Summary.
9. From Michael Bissonnette, thread of email regarding Kmart Plaza.
10. From Tanya Wdowiak, City Auditor re: General fund and Sewer budget reports.
11. From Brenna Murphy McGee, MMC & Jeffery Anderson-Burgos, Admin. Asst to City Council minutes of March 21, 2023.
12. Settlement Agreement By and Between The City of Holyoke and the International Brotherhood of Police Officers Local #388.
13. From HEDIC minutes of October 27, November 29, 2022, January 26 and February 23, 2023.
14. From members of the Holyoke Conservation Commission letter re: views on the Holyoke Community Preservation Act in its present form.
15. From Board of Public Works, Holyoke Waste Management Study Report and Recommendations to Keep Holyoke Green and Clean.
16. From David Conti Manager Water Works Annual report of the Violations issued by Mass Environmental Police, 2022 Patrolling Program.
17. Communication From Councilor Jourdain, regarding a legal opinion of June 1, 2021 regarding Rule 66.
18. From Katie Talbot, Lead organizer at Neighbor to Neighbor letter regarding the need for an Office of Tenant Protections in Holyoke.
19. From Board of Fire Commission minutes of February 16, 2023.
PETITIONS
20. Petition of Tai Woong Kang for a renewal of a second hand license at 311 High St.
21. Petition of Tom Lucchesi, ( Ivory Billiards) for a renewal of 19 pool tables and 1 Billiard Table at 151 Chestnut St.
PRESIDENT’S REPORT
REPORTS OF COMMITTEES
22. Ordinance Committee Reports (if any)
22A. The Committee on Ordinance to whom was referred an order That an ordinance be created that requires that when notices need to be sent to abutters for public notices involving lots without buildings that the address closest to the subject property be listed as a reference point plus a plot plan/lot lines of the subject property be included so abutters can determine the exact location of the subject property they are being notified about. Recommended that the order be adopted.
22B. The Committee on Ordinance to whom was referred an order That the City Council create an ordinance that creates food truck zones in the city with the goals of eliminating food deserts, managing the locations, and promoting various neighborhoods. Recommended that the order be adopted.
22C. The Committee on Ordinance to whom was referred an order that the City of Holyoke, having previously accepted the provisions of MGL Ch 59, Section 5 (allowing the Board of Assessors to grant a real and personal property tax abatement to those active duty members of the National Guard and reserves serving in foreign countries) does now further adopt and extend such acceptance for as long as permitted under state law.“ Recommended that the order be adopted.
22D. The Committee on Ordinance to whom was referred an order that the Holyoke City Council review and amend Section 5.4 of the Zoning Ordinance to allow for Accessory Dwelling Units (ADUs) in the DR zone, in addition to amending Section 2 Definitions, and any other sections that may apply to allow this use in the DR zone. Accessory dwelling unit (ADU) is a smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. Recommended that the order be adopted.
22E. The Committee on Ordinance to whom was referred an order Special permit extension application of Four Trees Holyoke LLC to operate a dispensary and cultivation establishment at 1 Cabot Street (048-01-010). Recommended that the special permit extension be granted, with all original conditions,
22F. The Committee on Ordinance to whom was referred an order Special permit extension application of High End Management LLC to operate a Retail Establishment and Recreational Marijuana Cultivation Facility at 110 Winter Street (032-01-009 & 031-01-004) Recommended that the special permit extension be granted, including all original conditions.
22G. The Committee on Ordinance to whom was referred an order that we create a Food Economy Coalition (Attached). Request that it is taken up at a meeting ASAP as the order is attached to potential grant funding. Recommended that the order has been complied with, with a request that OPED provide updates to the City Council on the progress of the grant..
22H. The Committee on Ordinance to whom was referred an order That 1 out of the 2 handicap parking signs at 588 South Summer street, as well as the 3rd sign on the Morgan side of the street, please be removed. Only one spot was requested by constituents, 3 were installed and school parking is on the city owned lot. Additionally requested that a no parking sign at the same address please be removed. Recommended that the order be given a leave to withdraw.
23. Finance Committee Reports (if any)
23A. The Committee on Finance to whom was referred an order FY23 Community Preservation Act Committee Recommendations Recommended that the order be adopted.
23B. The Committee on Finance to whom was referred an order Memorandum of Agreement by and Between the City of Holyoke and NAGE R1-180, Clerical Union. Recommended that the order be adopted.
23C. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, NINETY SEVEN THOUSAND SIX HUNDRED FORTY AND 20/100 Dollars ($97,640.20) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $97,640.20
TOTAL: $97,640.20
TO:
12102-55860 PERSONNEL EQUIPMENT $97,640.20
TOTAL: $97,640.20 Recommended that the order be adopted.
23D. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE HUNDRED THOUSAND AND 00/100 Dollars ($100,000) as follows:
FROM:
8815-10400 CANNABIS STABILIZATION $100,000
TOTAL: $100,000
TO:
..-.. SUBSTANCE ABUSE PROGRAMS $100,000
TOTAL: $100,000 Recommended that the order be adopted.
23E. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, SEVEN THOUSAND AND 00/100 Dollars ($7,000.00) as follows:
FROM:
14261-51102 AUTOMOTIVE-MOTOR EQUIP REPAIRMAN $7,000.00
TOTAL: $7,000.00
TO:
14261-51300 OVERTIME $7,000.00
TOTAL: $7,000.00 Recommended that the order be adopted.
23F. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, SEVEN THOUSAND FIVE HUNDRED NINETY AND 00/100 Dollars ($7,590) as follows:
FROM:
15101-51109 SANITARIAN I $7,590
TOTAL: $7,590
TO:
15101-51103 SANITARIAN II $5,060
15101-51107 SANITARIAN III 2,530
TOTAL: $7,590 Recommended that the order be adopted.
24. Public Safety Committee Reports (if any)
25. Public Service Committee Reports (if any)
26. Development and Governmental Relations Committee Reports (if any)
26A. The Committee on Development and Governmental Relations to whom was referred an order That our state delegation and Mayor be invited before the finance committee to have a dialogue on how we can improve our local aid funding formulas with the state and together develop a plan of action. Then collectively discuss our strategy on how to act upon that plan to ensure Holyoke is actually receiving the money it needs to operate effectively and is getting its “fair share.” Recommended that the order has been complied with.
26B. The Committee on Development and Governmental Relations to whom was referred an order that the City Council invite our state delegation to attend a Development & Governmental Relations meeting to provide the City Council with a legislative update for the year ahead. Recommended that the order has been complied with.
26C. The Committee on Development and Governmental Relations to whom was referred an order That the state delegation be requested to please draft and support legislation that would amend the needle program in the city. The program was voted down twice and stopped a third time through a lawsuit. State legislation was passed to allow its operation. This requested legislation change would only allow needles to be issued to users if a used needle is exchanged. A needle exchange rule would go a long way in helping solve hazard issues in the city. Recommended that the order has been complied with.
27. Charter and Rules Committee Reports (if any)
28. Joint City Council and School Committee Reports (if any)
MOTIONS, ORDERS AND RESOLUTIONS
29. BARTLEY — The DPW and City Engineer provide an opinion as to whether a “do not block the box” can be installed on Northampton St. at Longwood Ave. This is a multiple constituent request. Refer to committee and copy to city engineer
30. BARTLEY — The DPW review the condition of WOODLAND ST and offer any suggestion to improve the roadway. Please report back to city council in 30 days.
31. BARTLEY — The DPW review whether NORTHAMPTON ST. between W. Glen and Gilman Streets should be resurfaced especially in the southbound lane. Please report back to city council in 30 days.
32. BARTLEY — The DPW restripe the “do not block the box” areas on Northampton St asap. Please report back to city council in 30 days with an update.
33. BARTLEY — The DPW restripe the mid-block pedestrian crosswalk on Hillside Ave (near Coit St) asap. Please report back to city council in 30 days with an update.
34. BARTLEY, JOURDAIN, PUELLO — The DPW install appropriate signage at Main St. and Brightside Dr to prevent ongoing illegal U-turns back to Route 5 south and illegal left-hand turns into the former Providence Hospital campus for motorists traveling north on U.S. Route 5. Receive, Adopt and refer to DPW. Also, the DPW send a communication to city council giving it an update within 45 days on this matter.
35. BARTLEY, JOURDAIN, PUELLO — DPW either install or work with MA DOT to install better signage to direct northbound motorists on U.S. Route 5 (Maim St.) in front of the former Providence Hospital to use the “jug” handle turn onto Brightside Dr and/or to make a legal u-turn back to Route 5 south. Receive, Adopt and Refer to the DPW and MA DOT, District 2. Also, the DPW send a communication to city council giving it an update within 45 days relative to this order.
36. BARTLEY — DPW install “no trucks” signage at Michigan Avenue and Edbert Drive (where they meet Westfield Rd.). This is (at least) the third request. The DPW & Mayor Murphy did a great job posting similar signs along Westfield Rd. and Homestead Ave and residents appreciate it. Once this order is fulfilled residents in these areas should see very limited to No truck traffic. Receive, Adopt & refer to DPW. Copy to HPD to ensure enforcement.
37. GIVNER — With community support, that a 4 way stop be created at Oak and Essex streets due to safety issues including visibility and speeding.
38. GIVNER — Per constituent requests, that a right turning lane be designated on Hampden at the corner of Pleasant St in an effort to enhance traffic flow.
39. JOURDAIN, VACON — Ordered, that the John Mackenzie monument at Mackenzie stadium be considered for re-location by the Parks dept and DPW to a more prominent location at the Stadium in light of all the entrance changes that have been made there. This is his stadium and we want everyone to see his monument and know about this great man and hero. If money is required to restore or re-beautify the original monument please let us know.
40. JOURDAIN — Ordered, That the Board of Public Works, DPW Director, City Engineer, City Auditor, and Treasurer update the City Council Finance Committee regarding recent sewer breaks and the sewer enterprise account.
41. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE HUNDRED TWENTY FIVE THOUSAND AND 00/100 Dollars ($125,000) as follows:
FROM:
12101-51510 SICK BUYBACK $125,000
TOTAL: $125,000
TO:
12101-51107 PATROLMEN $125,000
TOTAL: $125,000
42. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE HUNDRED TWENTY FIVE THOUSAND AND 00/100 Dollars ($125,000) as follows:
FROM:
12101-51117 E-911 DISPATCHERS $125,000
TOTAL: $125,000
TO:
12101-51300 OVERTIME $125,000
TOTAL: $125,000
43. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, THIRTY THREE THOUSAND AND 00/100 Dollars ($33,000) as follows:
FROM:
12101-51204 PT POLICE PRINCIPLE CLERKS $18,000
12101-51322 ELECTIONS 2,652
12101-51323 SNOW REMOVAL 7,348
12101-51915 EDUCATION PLAN 5,000
TOTAL: $33,000
TO:
12101-51109 RESERVES $10,000
12101-51110 POLICE PRINCIPAL CLERKS 6,775
12101-51123 BOOKKEEPER 1,225
12101-51321 SPECIAL EVENTS 10,000
12101-51900 TRAINING 2,000
12101-51920 INCENTIVE 3,000
TOTAL: $33,000
44. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, SIXTY ONE THOUSAND THREE HUNDRED FORTY FIVE AND 00/100 Dollars ($61,345) as follows:
FROM:
12201-51500 VACATION BUYBACK $61,345
TOTAL: $61,345
TO:
12201-51300 OVERTIME $60,000
12201-51302 HAZMAT OVERTIME 1,345
TOTAL: $61,345
45. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, SEVENTEEN THOUSAND THREE HUNDRED TWENTY EIGHT AND 10/100 Dollars ($17,328.10) as follows:
FROM:
12101-51105 SERGEANT $6,858.28
12101-51107 PATROLMEN 10,469.82
TOTAL: $17,328.10
TO:
12101-51180 INJURED ON DUTY $17,328.10
TOTAL: $17,328.10
46. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY23 REGIONAL ECONOMIC DEVELOPMENT ORGANIZATION (REDO) PROJECT – “The ARTery Project”, $28,500, NO MATCH” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.
47. PUELLO — That Sec. 86-321. – Schedule I: Parking remove both of these entries. Reviewed with city Engineer. To ordinance.
– South Summer St/ Westerly/ A point 78 feet north of Adams St/ A point 18 feet further North/ No parking
– South Summer St/ Westerly/ A point 96 feet northerly of Adams St/ A point 42 feet further northerly/ Handicapped Parking Only
48. RIVERA_I, GIVNER, MALDONADO VELEZ, MURPHY-ROMBOLETTI, RIVERA_J — Ordered, that Chapter 50, Article II of the Holyoke City Ordinances be amended to add Section 50-56 establishing a Police Commission.
49. RIVERA_I, GIVNER, MALDONADO VELEZ, MURPHY-ROMBOLETTI, RIVERA_J — Ordered, that Section 34 of the Holyoke City Charter be amended to establish a Police Commission by virtue of a Special Act in Accordance with the provisions of Articles of Amendment, Article II, Section 8 of the Massachusetts Constitution.
50. RIVERA_I — That city engineer add these street Sidewalks to the list of sidewalks that need to get repaved.
Race St. (the section where Lyman begins to Dwight St., all of Bowers St., all of Samosett St., WinterSt./north bridge St.
51. VACON — That the crosswalk at County road near # 90 and at Homestead Ave at McMahon school be painted, and any remaining unpainted crosswalks and lines/markings in streets at intersections in Ward 5 and throughout the city be painted ASAP as this is a safety hazard
LATE FILED ORDERS AND COMMUNICATIONS
A. From Atty Jane Mantolesky, Supplement to legal opinion on voting requirements
*Updated April 4, 2023, 1:30 PM
Addendum:
LATE FILES FROM PREVIOUS MEETING
A. TALLMAN, MCGEE — Ordered, that an ordinance be created to allow wind turbines for residential use. See attached model type rules.
B. MCGEE — Ordered, that an ordinance be established to address the 2/3 majority vote of the body for votes. Legal please provide the language necessary for review.
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
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City Clerk