Holyoke City Council Meeting December 19, 2023

Posted December 15, 2023, 3:39 PM

Status updates for orders

 

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/83675284572?pwd=eUowdmxXVUJlMGJTaHJ3L0VFQ2IzUT09
Meeting ID: 836 7528 4572 Meeting Passcode: 845022 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
December 19, 2023
7:00 PM

LAID ON THE TABLE

1. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2024, SIX THOUSAND AND 00/100 Dollars ($6,000.00) as follows:
FROM:
12101-51117 E911 DISPATCHERS $6,000.00
TOTAL: $6,000.00
TO:
12101-51910 STIPENDS $6,000.00
TOTAL: $6,000.00 Recommended that the order be adopted

2. The Committee on Finance to whom was referred an order that there be and is hereby raised and appropriated in the fiscal year 2024, ONE MILLION AND 00/100 Dollars ($1,000,000) as follows:
FROM:
XXX-XXX 2024 TAX LEVY $1,000,000
TOTAL: $1,000,000
TO:
12992-57806 SPECIAL ARTICLE-EZEKIEL’S PLAN $1,000,000
TOTAL: $1,000,000

3. The Committee on Ordinance to whom was referred an order that Ordinance 2-421 be amended to include all public hearings so that the public has an opportunity to truly participate in their government and to advance transparency. Recommended that the order be adopted.

PUBLIC COMMENT

COMMUNICATIONS

4. From Mayor Joshua A. Garcia letter appointing Ms. Zaisha Robert, 267 Walnut St. to serve as a member of the Historical Commission for the City of Holyoke; Ms. Robert will replace Luis Salazar and will serve a three year term; said term will expire on December 1, 2026.

5. From Mayor Joshua A. Garcia, letter appointing Ms. Patricia Normand, 36 Pleasant St. to serve as a member of the Conservation Commission for the City of Holyoke: Ms. Normand will replace Ms. Chelsea Gazillo and will serve Ms. Gazillo’s remainder term; said term will expire on February 1, 2025.

6. From Brenna Murphy McGee, MMC & Jeffery Anderson-Burgos, Admin. Ass’t to City Council minutes of November 21, 2023.

7. From Office of Planning & Economic Development letter re: Amendment to the Special Tax Assessment Agreement between the City of Holyoke and Jackson Canal LLC.

8. Communication from Anthony Dulude, Executive Director, Holyoke Retirement Board, letter re: Amendment to Municipal Ordinance 2-421 – Time for Holding Meetings.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

9. Ordinance Committee Reports (if any)

9A. The Committee on Ordinance to whom was referred an order Per constituent request, order to install a handicap sign for Natalia Munoz at 247 Walnut St Recommended that the order be adopted.

9B. The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 34 No. Summer St. for Jeysha L. Detres Hernandez, Placard # PL5620318, Exp: 10/14/2027. Recommended that the order be adopted.

9C. The Committee on Ordinance to whom was referred an order With community support, Order that our trash receptacle ordinance be updated to reflect the following:
Update to Ordinance Chapter 74 Section 2:
(a) Residential rubbish receptacles.
(1) 96 gallon, rodent proof, water tight, residential rubbish receptacles are provided by the City. One receptacle is provided to each residential unit or household. Additional containers are not available and cannot be acquired. Lost or damaged containers must be purchased from the City/DPW by residents at the current rate. A smaller receptacle may available by request. Considerations are made on a case by case basis and depend on need as determined by the disabilities commission/senior advocate/ personal / health advocate?
&
(3) Should the number of containers necessary to contain all refuse at a given residential location exceed 1 95 Gallon receptacle on a weekly basis, the superintendent of public works will have the right to require the property to utilize an alternate method of collection. Recommended that the order be adopted, as amended.

9D. The Committee on Ordinance to whom was referred an order That Cook and Company be invited to a future finance subcommittee meeting to review their recent health insurance analysis for the city. Recommended that the order has been complied with.

9E. The Committee on Ordinance to whom was referred an order that the Ordinance Committee invite in the Mayor and DPW superintendent to review Chapter 74 of our ordinances on Solid Waste and how this reconciles with the proposed roll-out of a new residential trash pickup program in light of our already existing laws in this area. It is requested that they review their proposal with us so we and citizens can understand it better. Recommended that the order has been complied with.

9F. The Committee on Ordinance to whom was referred an order The DPW and Law Dept work with the Ordinance committee to invoke some flexibility in the new trash bin program. For example – to allow single family homes to apply for more than one 96-gal bin so long as the homeowner’s request is reasonable and justified. Example two – to allow for the homeowner to swop out the 96-gal bin for a smaller, more suitable trash bin. Recommended that the order has been complied with.

10. Finance Committee Reports (if any)

10A. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2024, FIVE THOUSAND AND 00/100 Dollars ($5,000) as follows:
FROM:
11611-51210 ELECTIONS OFFICERS $5,000
TOTAL:$5,000
TO:
11612-52700 EQUIPMENT/BUILDING RENTALS $5,000
TOTAL: $5,000 Recommended that the order be adopted.

10B. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2024, THIRTY THOUSAND TWO HUNDRED FORTY AND 00/100 Dollars ($30,240) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $30,240
TOTAL: $30,240
TO:
16933-58001 WAR MEMORIAL-OUTLAY-BLDG IMPROVE $30,240
TOTAL: $30,240 Recommended that the order be adopted.

10C. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2024, SIXTY THOUSAND FIVE HUNDRED AND 00/100 Dollars ($60,500) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $60,500
TOTAL: $60,500
TO:
14803-58004 PARKING CAPITAL OUTLAY-VEHICLES $60,500
TOTAL: $60,500 Recommended that the order be referred back to the City Council.

11. Public Safety Committee Reports (if any)

12. Public Service Committee Reports (if any)

12A. The Committee on Public Service to whom was referred an order that the City Council sign and support the attached Resolution to create a state-authorized cultural district for at least (5) years to be named the Puerto Rican Cultural District. Recommended that the resolution be adopted, as amended.

12B. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia, letter appointing Brenna Levitin, 48 Vernon St. to serve as a member on the Library Board of Directors for the City of Holyoke: Ms. Levitin will replace Ms. Julia Santiago and will serve her remainder term; said term will expire on February 2025. Recommended that the appointment be confirmed.

12C. The Committee on Public Service to whom was referred an order that Personnel post to fill City Council At-Large appointment(s) to the Community Preservation Committee that will be opening soon. Recommended that the appointment of Jason Ferreira be confirmed.

12D. The Committee on Public Service to whom was referred an order That the City Solicitor review section 2-156 &162 of the charter covering legal opinions and provide a written legal opinion explaining, when is the department allowed to refuse to provide legal opinions. Recommended that the order has been complied with.

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

13A. The Committee on Development and Governmental Relations to whom was referred an order As the city of Holyoke continues to grow and host an increasing number of events, it is essential to foster effective collaboration among various city departments, including the Licensing Board, Board of Health, Fire Department, Police Department, DPW, and any other relevant city agencies. To achieve this, we propose convening a comprehensive meeting aimed at discussing and streamlining the event planning process within our city, particularly in cases involving vendors – crafts, food, food trucks, non-profits.
This meeting will serve as a platform for addressing key aspects such as permits, licenses, fees, and the distinction between events held on public property versus private property. Our primary objective is to enhance clarity and coherence across departments, event organizers, and stakeholders. Furthermore, we will explore potential updates or revisions to existing ordinances to ensure a more efficient and transparent process that benefits all parties involved.” Awaiting disposition

13B. The Committee on Development and Governmental Relations to whom was referred an order From Councilor Bartley, Resolution in Support of Paint Stewardship Legislation Awaiting disposition

13C. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of James Kay per 7.2.1 to operate a gasoline station and convenience store at 820 High Street (009-02-009). Awaiting disposition

13D. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of O’Connell Professional Nurse Service, Inc dba O’Connell Care at Home per 8.4.0 Professional office overlay district operate a professional office at 1763 Northampton Street (108-00-083) Awaiting disposition

13E. The Committee on Development and Governmental Relations to whom was referred an order that 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 $1,119,200.
Awaiting disposition

13F. The Committee on Development and Governmental Relations to whom was referred an order That the Honorable City Council, in accordance with M.G.L. ch. 30B and the Holyoke Procurement Ordinance, vote that the City of Holyoke accept the proposal submitted by Jeffrey Dias and Tiago Martins and sell 736 Dwight Street (Parcel #006-09-002) and Dwight Street Parcel #006-09-001 for $17,500. These surplus properties are contiguous parcels of vacant land on Dwight Street at the corner of Walnut Street totaling approximately 10,109 square feet in size. The properties are zoned Limited Business (BL) and have a combined assessed value of $46,800. Awaiting disposition

13G. The Committee on Development and Governmental Relations to whom was referred an order That the Honorable City Council, in accordance with M.G.L. ch. 30B and the Holyoke Procurement Ordinance, vote that the City of Holyoke accept the proposal submitted by The Boys & Girls Club of Greater Holyoke and sell 118 Newton Street (Parcel #011-03-008), Newton Street Parcel #011-03-009 and 94 Newton Street (Parcel #011-03-010) for $15,000. These surplus properties are contiguous parcels of vacant land on Newton Street totaling approximately 19,230 square feet in size. The properties are zoned Downtown Residential (118 Newton St.) and Downtown Business (Parcel 009 & 94 Newton St.) and have a combined assessed value of $83,100. Awaiting disposition

13H. The Committee on Development and Governmental Relations to whom was referred an order to declare Parcel Holyoke Assessors Map 212, Block 00, Parcel 001, Easthampton Road, Holyoke, MA as surplus property and sell to the Massachusetts Department of Fish and Game with an address of 100 Cambridge Street, Suite 620, Boston, MA 02114 for $270,000.00. Awaiting disposition

14. Charter and Rules Committee Reports (if any)

14A. The Committee on Charter and Rules to whom was referred an order that committee chairs limit the amount of public hearings added to an agenda, It is not fair and undemocratic to have the public wait until 10:30 – 11:00 pm so they can be heard. Recommended that the order be adopted.

14B. The Committee on Charter and Rules to whom was referred an order With community support, order that city council meetings be regulated to 2.5 hours or 150 minutes. AND that a majority vote be required to continue meetings beyond 150 minutes, adding an additional 15 minutes no more than twice, capping meetings at 180 minutes. This with the intention of encouraging a broader participation of Holyoke’s public through meeting efficiency and limited repetition of comments. The most common critique by Holyoke residents regarding City Council meetings is that they are too long, continue too late, and are dominated by lengthy repetitive commentary. Recommended that the order has been complied with.

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

MOTIONS, ORDERS AND RESOLUTIONS

16. ANDERSON-BURGOS — That a handicap sign be placed in front of 38 Beacon Ave. for Elijah Santos, Placard #PL5530997.

17. BARTLEY —  Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 432 Hillside Avenue (Assessors Map 123, Block 00, Parcel 021) as surplus property available for disposition. The property was acquired via a judgment in tax lien foreclosure in 2023.  It is an approximately .17 acres lot with a single family home constructed, zoned R1-A and has an assessed value of $175,600.00.

18. GIVNER — that a handicap sign be removed from 195 Beech St. for Wilfrin Puello.

19. MALDONADO-VELEZ — Order that the city council takes necessary steps towards imposing term limits for all elected officials. Maximum 5 terms per elected official. Send to Charter and Rules.

20. MALDONADO-VELEZ — Order that all city departments work towards creating digital access to all their forms, permits, and licenses to streamline access and reduce paperwork. Send a copy to all department heads and request an update to the finance committee with any expenses we would acquire in order to make this transition happen.

21. MALDONADO-VELEZ — Order that zoning ordinance for cannabis expand beyond the IG district. Once expanded, social equity applicants and those negatively impacted by the racist War on Drugs get priority to opening business within these zones. Send to Ordinance.

22. MALDONADO-VELEZ — Order to create a rental registration, requiring all rental units, including short term rentals, register with the city. This can be housed in the Board of Health or Building Department.  Send to Public Safety.

23. MALDONADO-VELEZ — Order that the council works with Tapestry, state delegation, and appropriate city departments to work towards creating safe injection sites. These would be medically supervised and connect users to services available in our community. Send to Public Safety with a copy to Ordinance.

24. MALDONADO-VELEZ — Order that the city creates a Certificate of Occupancy program that works to inspect rental units in order to acquire the certificate.  Certification is based on passing State Safety and Sanitation Codes on a regular basis (not more than 3 year cycles, less for continuously problematic properties) for properties with 3 or more units. Send to Public Safety.

25. MALDONADO-VELEZ — Order that the city creates a public accessible landlord registry database. Information includes (but not limited to) who owns the property, who is responsible for maintenance, how many code violations that property has received through the city, and how many no cause evictions has the landlord filled on residents. Send to Public Safety.

26. MALDONADO-VELEZ — An order that the Holyoke City Council declare that Housing is a Human Right, which means everyone regardless of income, history of criminal justice involvement, mental health status, substance use, race, sexual orientation, immigration status, physical ability, sex, gender, religion, and veteran status deserve safe and affordable dignified housing.

27. MALDONADO-VELEZ — Order that we create pathways for community ownership of property (land trusts, condominium conversion, cooperative housing etc). Send to Public Safety with a copy to Ordinance.

28. MALDONADO-VELEZ — Order that the city creates an Office of Tenant Protections, that would oversee rental registration, certificate of occupancy and public database implementation, build relationships with landlords, tenants and community agencies to create recurring Know Your Rights and Responsibilities program, and house tenant legal services. Send to Ordinance.

29. MALDONADO-VELEZ — Order that the city creates a Housing Committee tasked with creating policy suggestions and implementation of office of tenant protections, office of returning citizens and homelessness liaison. Roles and committee to be created by Ordinance while bylaws to be created by the committee.
The committee should included at least one of the following – 1 tenant in market rate housing, 1 tenant with section 8 voucher holder, 1 tenant with MRVP or continuum of care, 1 tenant of HHA, 1 tenant representative of local organization working on housing issues, 1 home owner, 1 landlord.

30. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, THREE HUNDRED THOUSAND AND 00/100 Dollars ($300,000) as follows:

FROM:
8810-10400 CITY STABILIZATION $300,000
TOTAL: $300,000
TO:
19412-57630 CLAIMS & DAMAGES $300,000
TOTAL: $300,000

31. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, TWENTY FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT AND 75/100 Dollars ($25,388.75) as follows:

FROM:
12101-51105 SERGEANTS $8,394.52
12101-51107 PATROLMEN 16,994.23
TOTAL: $25,388.75
TO:
12101-51180 INJURED ON DUTY $25,388.75
TOTAL: $25,388.75

32. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, FIFTY FOUR THOUSAND TWO HUNDRED FIFTY FOUR AND 71/100 Dollars ($54,254.71) as follows:

FROM:
8811-10400 CAPITAL STABILIZATION $54,254.71
TOTAL: $54,254.71
TO:
14803-58004 PARKING CAPITAL OUTLAY-VEHICLES $54,254.71
TOTAL: $54,254.71

33. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “COMMUNITY PLANNING GRANT PROGRAM, $90,000, 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.

34. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, THREE THOUSAND EIGHT HUNDRED SIXTY SIX AND 32/100 Dollars ($3,866.32) as follows:

FROM:
8811-10400 CAPITAL STABILIZATION $3,866.32
TOTAL: $3,866.32
TO:
14802-55830 UNIFORMS $3,866.32
TOTAL: $3,866.32

35. PUELLO — That a handicap sign be placed in front of 958 Main St. for Wilfrin Puello, Placard #PL3650728.

36. PUELLO — That a new rule regarding proclamations be established: When a proclamation is issued by the City Council recognizing good citizenship of a person, it shall be withdrawn upon discovery & documentation of repeated criminal convictions (such as illegal guns and drugs).

37. PUELLO — That the DPW please continue to monitor Ingleside and St. Vincent for water and treat/salt as needed during freezing temperatures.

38. PUELLO — That the handicap parking at 527 South Bridge street please be removed. The original applicant has moved and will be reapplying for the new location.

LATE FILED ORDERS AND COMMUNICATIONS

A. BARTLEY — Introduced by Councilor Bartley: Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 37 Brown Avenue (Assessors Map 081, Block 00, Parcel 042) as surplus property available for disposition. The property was acquired via a judgment in tax lien foreclosure in 2022.  It is an approximately .14 acres lot with a single family home constructed, zoned R-2 and has an assessed value of $219,900.00.
*Added December 18, 2023, 2:11 PM

B. VACON — Ordered, the law department send a communication to Valley Springs and the company emptying the dumpster at Valley Springs, advising them re: our ordinance re:  allowed times.
Could you please inform the Commercial disposal group of the Code of Ordinances Sec. 38, item 6. Either Suez Or Republic companies They are emptying Valley Spring’s dumpsters every Monday morning between 4-4:30 AM which, without fail, wakes us up.  Section 38 item 6  “(6) Loading and unloading. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. The emptying of bulk waste containers located within 1,000 feet of a residentially zoned parcel shall be prohibited between the hours of 11:00 p.m. and 7:00 a.m.”
*Added December 19, 2023, 12:41 PM

C. Communication from Councilor Puello, context regarding article for Juan Montano
*Added December 19, 2023, 3:38 PM

D. MCGEE — Ordered, that the City Council give Sean Gonsalves a proclamation for years of service to the Board of Health
*Added December 19, 2023, 6:55 PM

E. MCGEE, JOURDAIN — Ordered, that the section of Appleton in front of the YMCA be named “Joe McGiverin Way.”
*Added December 19, 2023, 6:55 PM

Addendum:

LATE FILES FROM PREVIOUS MEETING

A. MCGEE, MCGIVERIN — Order that the City Council vote to set a MRF for (FY24) tax classification

B. RIVERA_I — Order that the city council review noise ordinance and require a decibel meter reading before a ticket can be submitted or for music to be asked to be turned down. It is my understanding that the department has the necessary devices to measure readings and we want to be sure that they are being utilized in case citations are challenged in court.

C. RIVERA_I — Order that the city forester cutback or trims trees on Main st. beginning at the Cabot St. intersection and ending at the Jackson St. intersection.

D. RIVERA_I — Order that the city work on contracting with a consultant in order to move forward with vital traffic orders as well as others that are being held up due to the absence of a city engineer.

E. RIVERA_I — Order that the police department present an update on the goals or steps taken to address some of the concerns raised out of the MRI audit.

F. TALLMAN — Ordered, that Sean Sheedy from DPW review maintenance issues/needs at the Senior Center.

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