Holyoke City Council Meeting January 3, 2023
7:00 pm City Hall Holyoke
536 Dwight St, Holyoke 01040
Agenda posted December 29, 2022 12:20 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/88247725245?pwd=RjhYb0F5Rm55d25wNk5MSUR6RFBzQT09
Meeting ID: 882 4772 5245 Meeting Passcode: 928166 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
January 3,2023
LAID ON THE TABLE
1. 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. Recommended that the order be adopted
PUBLIC COMMENT
COMMUNICATIONS
2. From Mayor Joshua A. Garcia letter appointing Ms. Olivia Mausel, 25 Briarwood Dr. to serve as a member of the Local Historic Commission for the City of Holyoke: Ms. Mausel will serve a three year term; said term will expire on December 1, 2025.
3. From Mayor Joshua A. Garcia, letter appointing Todd McGee, 10 George St. to serve as a member of the Retirement Board for the City of Holyoke: Mr. McGee will replace Andrew Melendez and will serve the remainder of his term; said term will expire on January 1, 2024.
4. From Tanya Wdowiak, City Auditor, FY 2022 and FY2023 Pilot Payments.
5. From Brenna Murphy McGee, MMC & Jeffery Anderson-Burgos, Admin. Ass’t. to City Council minutes of December 20, 2022.
6. List of Appointments for 2023.
7. From Jane Mantolesky, Assistant City Solicitor, Letter re: Sale of 416 Appleton St. ( Parcel #061-02-014).
8. From Tanya Wdowiak, City Auditor, Final FY2023 Budget Book,
9. From Tanya Wdowiak, City Auditor FY2022 Year end Sewer Report.
10. From Tanya Wdowiak, City Auditor, FY2023 Sewer Fund report versus actual.
11. From Tanya Wdowiak, City Auditor, FY2022 GF Year end report.
12. From Tanya Wdowiak, City Auditor, FY2023 GF year end report versus Actual.
13. City of Holyoke Grant Completion Form, FY Shrab grant Final report (Wistariahurst).
14. From MA Office of Community Development Final Notice and Public Review of a proposed activity in a Wetland. Anniversary Hill Park, Holyoke, MA.
15. From Melanson, PC letter regarding merge with Marcum LLP effective January 1, 2023.
16. From Barbara Blodgett, re: letter sent to Mayor Joshua A. Garcia addressing speeding on Hillside Avenue & Speeding within the City of Holyoke.
PRESIDENT’S REPORT
REPORTS OF COMMITTEES
17. Ordinance Committee Reports (if any)
18. Finance Committee Reports (if any)
18A. 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 “EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT-FY2023 URBAN AGENDA GRANT PROGRAM, $25,000, 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. Recommended that the order be adopted
18B. 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 “NEW ENGLAND FOUNDATION FOR THE ARTS-2023 MAKING IT PUBLIC FOR MA MUNICIPALITIES, $15,000, 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. Recommended that the order be adopted.
18C. The Committee on Finance to whom was referred an order that the amount of ONE THOUSAND FOUR HUNDRED FORTY FIVE AND 00/100 Dollars ($1,445.00) be authorized from the BUILDING CODES & INSPECTIONS Department’s OTHER CONTRACTED SERVICES (12402-53010) appropriation in fiscal year 2023 for services rendered in fiscal year 2022 which were unencumbered at the 2022 fiscal year end. Recommended that the order be adopted.
18D. The Committee on Finance to whom was referred an order that the honorable city council accept the revised FY21 CPA MIFA Victory Theatre Murals Project. Recommended that the order be adopted.
18E. 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 THOUSAND DOLLARS AND 00/100 Dollars ($1,000.00) as follows:
FROM:
15101-51111 BOARD OF HEALTH FLOATING CLERK $1,000.00
TOTAL: $1,000.00
TO:
15101-51300 BOARD OF HEALTH OVERTIME $1,000.00
TOTAL: $1,000.00 Recommended that the order be adopted.
18F. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, TEN THOUSAND DOLLARS AND 00/100 Dollars ($10,000.00) as follows:
FROM:
16501-51109 PARKS MAINTENANCE MEN $10,000.00
TOTAL: $10,000.00
TO:
12941-51300 OVERTIME-FORESTRY $10,000.00
TOTAL: $10,000.00 Recommended that the order be adopted.
18G. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, TWO THOUSAND DOLLARS AND 00/100 Dollars ($2,000.00) as follows:
FROM:
14211-51108 SAFETY INSPECTOR $2,000.00
TOTAL: $2,000.00
TO:
14301-51106 WASTE/RECYCLING COORDINATOR $2,000.00
TOTAL: $2,000.00 Recommended that the order be returned to the Auditor
18H. 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 “HOLYOKE SCHOOL DEPARTMENT, $1,066,548, ANONYMOUS DONATION” 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 donation. Recommended that the order be returned to the Auditor.
19. Public Safety Committee Reports (if any)
20. Public Service Committee Reports (if any)
21. Development and Governmental Relations Committee Reports (if any)
22. Charter and Rules Committee Reports (if any)
23. Joint City Council and School Committee Reports (if any)
MOTIONS, ORDERS AND RESOLUTIONS
24. BARTLEY, JOURDAIN — The City install solar powered pedestrian crossing signals at Hitchcock St where it intersects with Martin St. This is a constituent request with ample neighborhood support. The intersection is notorious for accidents and Hitchcock St. has become a speedway. This is an area with numerous schoolchildren and dog walkers crossing here daily. Receive and Adopt. Refer to Mayor and City Engineer.
25. BARTLEY — With Holyoke celebrating its 150th anniversary as a City, ORDER that DGR committee invite the committee chair (A. Vega) and any other committee members to a meeting to hear about any plans and to offer any suggestions
26. BARTLEY — A zone change to Holyoke’s marijuana ordinance be adopted to extend the time from two to three years that a special permit so granted may exist until it lapses. See OPED letter dated 11/3/22 for background and rationale. The city council would thus adopt MGL Chapter 40A language that allows municipalities to extend permits from two to three years.
27. BARTLEY — City Engineer please review quality of road surfaces on Judith St., Merrick Ave., and Charles St. and advise if these should be repaved. Please report back to City Council with a communication by its second meeting of February 2023. Refer to DPW, City Engineer and Mayor.
28. BARTLEY — The Holyoke City Council continue its tradition by inviting to its first meeting in March members of the St. Patrick’s Parade Committee, its dignitaries, award winners and board members. Refer to our Administrative Assistant
29. GIVNER — Per constituent requests, please install informational “no engine brake” signs on Hampden St. and Mueller bridge. Noise volume is extreme from regular traffic.
To Public Safety, Copy to DPW
30. GIVNER — Per constituent requests, please conduct a traffic study on Hamden to help mitigate use as a truck route, and to address heavy traffic volume on Hamden. Constituents have difficulty entering/exiting driveways. Also, houses shake when trucks pass. Constituents are concerned there may be infrastructure related safety issues.
To Public Safety, Copy to City Engineer
31. GIVNER — Per constituent requests, please address safety concerns of motorists traveling on the Locust St (between Hampshire St and Cabot St.) to the corner of Cabot St. Parking to corner on Cabot in front of Health Center obstructs the view of vehicles crossing or turning on to Cabot.
To Public Safety, Copy to City Engineer
32. MALDONADO-VELEZ — Order that the Chief of Police, business owners, and residents that live in those communities are invited to discuss safety measures to prevent shootings. We would also like to invite the licensing board to discuss the process of what happens when a licensed business has incidents that heavily impact public safety. The purpose of this order is to provide the public some transparency given the recent shooting at the Unicorn Inn and to advise the City Council on any legislative steps we can take.
33. MALDONADO-VELEZ — Order that the license board is invited to discuss the process of ensuring that all businesses operating within our city are licensed, what happens when the city is notified of an unlicensed business, and how businesses with seasonal licenses are tracked and held to compliance.
34. MALDONADO-VELEZ — Order that we create a ballot question asking if there should be a recall process for all elected officials. The question should include a recall process and the decision should be binding.
35. MCGEE, MCGIVERIN — Ordered, that the Mayor be invited to a Finance meeting for presentation of a draft 5 year forecast model
36. MCGEE, RIVERA_I — Ordered, that the Mayor be invited to a Public Safety meeting for presentation of the Police Department audit
37. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY ONE THOUSAND FOUR HUNDRED SIXTY FOUR AND 22/100 Dollars ($21,464.22) as follows:
FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 10,085.70
12101-51107 PATROLMEN 7,495.30
TOTAL: $21,464.22
TO:
12101-51180 INJURED ON DUTY $21,464.22
TOTAL: $21,464.22
38. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY FOUR THOUSAND ONE HUNDRED FIFTEEN AND 60/100 Dollars ($24,115.60) as follows:
FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 10,085.70
12101-51107 PATROLMEN 10,146..68
TOTAL: $24,115.60
TO:
12101-51180 INJURED ON DUTY $24,115.60
TOTAL: $24,115.60
39. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, $37,248, 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.
40. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, SIXTEEN THOUSAND NINE HUNDRED SIXTY SIX AND 00/100 Dollars ($16,966.00) as follows:
FROM:
11381-51101 CHIEF PROCUREMENT OFFICER $16.966.00
..- UFCW LOCAL 459/COUNCIL ON AGING MOA ..
TOTAL: $16,966.00
TO:
15411- 51102 KITCHEN SUPERVISOR $1,827.00
15411-51104 KITCHEN ASSISTANT 3,132.00
15411- 51105 SOCIAL WORKER / COORDINATOR 5,481.00
15411-51202 LPN / WELLNESS INSTRUCTOR 2,872.00
15411- 51203 DRIVER 3,654.00
–
–
–
TOTAL: $16,966.00
LATE FILED ORDERS
A. MCGEE — Ordered, that the City Council reappoint Francheska Nunez to the Community Preservation Committee. Ms. Nunez will serve a three year term; set term will expire on January 31, 2026
(Updated 1-3-23, 1:15 PM)
B. Settlement Agreement by and Between The City of Holyoke and the UFCW Local 1459, Council in aging employees
(Updated 1-3-23, 2:25 PM)
Addendum:
LATE FILES FROM THE PREVIOUS MEETING
A. MCGEE — Order that section 2-40 and section 2-41 of the City Ordinances regarding vacation leave be amended to credit a new employee and existing employees with additional paid vacation time based on relative prior employment experience and/or based on the new vacation schedule below:
Vacation leave* with full pay shall be accrued based upon the length of continuous employment as of the benefit eligibility date as follows:
Less than five years 15 days*
At least five years 20 days*
At least 10 years 25 days*
At least 20 years 30 days*
B. MCGEE — Order that section 2-35f personal days be amended to 4 days.
C. MURPHY-ROMBOLETTI — Ordered that the Law Department be given the authority to hire a paralegal above mid range up to no more than max without needing further approval from CC due to special circumstances.
D. MCGEE — ordered that Sections 2-40 and 2-41 of the Holyoke City Ordinances be updated to correct accrual language in 2-40 (e) and (g) and 2-41 (b)
E. From Lisa A. Ball, City Solicitor, legal opinion regarding Council access to Legal Opinions.
F. From Lisa A. Ball, City Solicitor, legal opinion regarding whether a City Council seat is vacated if a ward councilor is elected in one ward and then moves to a different ward during their term in office.
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