Holyoke City Council Meeting March 16, 2021

REGULAR MEETING OF THE CITY COUNCIL
March 16,2021

The meeting was called to order by President McGee at 07:02 PM.

The Clerk called the roll. Absent members: 0 Present Members 13 (Anderson-Burgos, Bartley, Greaney, Hernandez, Leahy, Lebron-Martinez, Lisi, McGee, McGiverin, Murphy, Sullivan, Tallman, Vacon).

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

President McGee noted that in a normal year, the Council could expect festivities in Council chambers for St. Patrick’s Day, including bagpipes.

LAID ON THE TABLE

Councilor McGiverin made a motion to take items 1-4 off the table and open the public hearing. Councilor Anderson-Burgos seconded the motion. All councilors voted in favor.

UNDER DISCUSSION:

Vincent O’Connell, representing Holyoke Gas & Electric: stated that two of the petitions are new installs and two are relocations of existing poles. Noted that abutters were notified and had no issues. Clarified that three of the pole petitions, 12 Pleasant, 20 Pleasant, and dead end of Pleasant Street, are meant to be for Princeton Street: Asked if they must be resubmitted.
Councilor Bartley stated they would need to be resubmitted.
President McGee stated the notice was for Pleasant Street.
Councilor Bartley made a motion to allow Attorney Barnes to address the Council. Councilor Anderson-Burgos seconded the motion. All councilors voted in favor
Atty Barnes stated they would require new submissions and notices.
Councilor Vacon made a motion to table the petitions. Councilor Lisi seconded the motion.
Councilor Tallman noted the third petition is correct and suggested moving forward.
O’Connell clarified that item 3 is the correct address.
Councilor Murphy made a motion to give items 1, 2, and 4 a leave to withdraw without prejudice. Councilor Bartley seconded the motion. All councilors voted in favor.
O’Connell stated that on item 3, noted it is adjacent to Fairfield Ave, adding that about 20 residents would be transitioned from backyard service to front yard service. Stated it would be started in the next couple of months, adding that only pole would be needed due to the distance.
President McGee asked if the project is for the Valley Heights area, adding he expected they would be coming up soon.
O’Connell stated it is not, adding expectation that Version would file petitions for that area.
President McGee invited members of the public to speak on the petition.
Councilor Tallman made a motion to close the public hearing. Councilor Bartley seconded the motion. All councilors voted in favor.
Petition for Pole and Wire Locations , The Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:
* (1) 40′ pole in front of 12 Pleasant St. Holyoke, MA
—> Leave to withdraw

Petition for Pole and Wire Locations , The Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:
* (1) 40′ pole in front of 20 Pleasant St. Holyoke, MA
—> Leave to withdraw

Petition for Pole and Wire Locations , The Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:
* Relocate one (1) 40′ pole on dead end of Pleasant St. Holyoke, MA.
—> Leave to withdraw

Petition for Pole and Wire Locations , The Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:
* One (1) 40′ Class II poles on between 340 & 346 Pleasant St. Holyoke, MA
—> Received and adopted.

PUBLIC COMMENT

(10:15)
Nev Capron – 72 Congress Ave: expressed support for item 25. Stated that public comment and input is important before decisions are made to allocate funds from the American Rescue Act of 2021. Also stated that sufficient time is available, as funds are available through December 2024. Suggested that citizens have access to the proceedings, adding that recipients need to account for expenditures with public records access. Also stated that some funds should go to rent relief. Suggested the need for an efficient process for dispersal of funds.

Councilor Anderson-Burgos reminded attendees of the importance of muting their microphones when not speaking.

John Rivera – 2 Lowell St: expressed his support for the previous comment from Nev Capron. Stated a need for full transparency in how the funds are allocated.

Steve Rosenbush – 1155 Northampton St: noted that several reappointments are on the agenda, suggesting that appointments made by outgoing mayor, Alex Morse, should be limited to six month terms. Also referring to item 24 regarding recognition of Indigenous Peoples Day, stated he is a historian, described his interactions with people of Puerto Rican descent, and questioned the elimination of a holiday.

COMMUNICATIONS

(19:25)
From Mayor Alex B. Morse re: Intention to resign from Position of Mayor effective March 26, 2021.
—> Received.

Motion was made and seconded to suspend the necessary rules and take items 6-8 as package.

UNDER DISCUSSION:

Councilor Bartley noted that all three are reappointments and suggested they could be confirmed.
President McGee clarified that reappointments are normally approved.
Councilor Murphy stated that referring to committee allows council to hear about the work and goals of appointees.
Councilor McGiverin noted that questions which could be asked have likely been answered. Encouraged any councilors with questions to attend the committee meeting, should they be referred.
President McGee stated that the reappointments should be confirmed, noting the good work the candidates have already been doing.
Councilor Bartley noted his regular contact with the candidates, adding that they have been well established in their roles.
Councilor Murphy suggested approving the reappointments, with a copy to the Public Service Committee and offer voluntary invitations so that the candidates can describe their work.
Councilor Greaney expressed his support for the candidates, adding that they have done a good job.
From Mayor Alex B. Morse letter re-appointing Ms. Elizabeth A. Larivee, 198 Pleasant St. to serve as a member of the Commission on Disabilities for the City of Holyoke: Ms. Larivee will serve a three year term, said term will expire on March 2024.
—> Received and appointment confirmed. Copy to Public Service.

From Mayor Alex B. Morse letter reappointing Paula Ferrario, 24 Morgan St. to serve as a member of the Historical Commission for the City of Holyoke: Ms. Ferrario will serve a three year term; said term will expire on April 1, 2024.
—> Received and appointment confirmed.

From Mayor Alex B. Morse letter reappointing Mary Moriarty, 429 Homestead Ave. to serve as a member of the Conservation Commission for the City of Holyoke: Ms. Moriarty will serve a three year term; said term will expire on February 1, 2024.
—> Received and appointment confirmed. Copy to Public Service.

From Boston Bud re: City of Holyoke Special Permit Annual Report.
—> Received and referred to the Ordinance Committee.

From Mayor William C. Reichelt from West Springfield letter re: Town of West Springfield Conservation Restriction.
—> Received and referred to the Development and Governmental Relations Committee.

City of Holyoke Notice of Finding of No Significant Impact and Notice of Intent to request Release of Funds.
Councilor Vacon made a motion to refer to Finance.
Councilor Murphy suggested referring to DGR. Expressed his understanding that Holyoke Housing Authority is working with Habitat for Humanity to build three houses.
Councilor Bartley asked if the topic could be added to the March 29th committee meeting.
Councilor Murphy noted the property had a fire a few decades prior. Added that the land overlooks a park, noting its positive impact on safety.
Councilor McGiverin noted that the property had been a suggested location for a middle school, adding the need for a full understanding.
—> Received and referred to the Development and Governmental Relations Committee.

Flyer for Holyoke Healthy Homes Program.
Councilor Murphy noted Public Safety discussions to help people with asthma, adding that Healthy Homes Program has been a partner to address the issues. Suggested looking into opportunities to continue partnering with them.
—> Received.

PETITIONS

Petition of Brian Vail, North Country Production LLC for a Marijuana Manufacturing Establishment at 12 Crescent St.
—> Received and referred to the Ordinance Committee.

Petition of Gas and Electric Department requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures along and across the following public way or ways:
* One (1) 45′ Class II pole on Lincoln St. Holyoke, MA near 41 Taylor St.
—> Received and laid on the table. Set a public hearing.

PRESIDENT’S REPORT

President McGee stated that he, as well as Councilors Lisi and Murphy, had participated in meetings to gets updates on schools and the MSBA process. Noted that there would be a meeting for the Joint Committee on the following evening, adding that further discussion on the schools and the MSBA would come up. Also noted a request for the City Council to support a resolution advocating for the building of a new school.
President McGee stated that the HR Director would be resigning at the end of the month, adding that three candidates who applied are not from Holyoke. Also noted that the city currently has an acting treasurer and acting tax collector, adding that many departments are working with half staff or less. Observed receiving regular updates from departments on the need to hire more staff.
Councilor Lisi stated that an order to address the city’s residency requirement would be handled by the Ordinance Committee on the following Tuesday, March 23rd.
President McGee observed that most would like jobs to go to Holyoke residents, but without residents applying, there is a problem filling the positions.

REPORTS OF COMMITTEES

(33:35)
Motion was made and seconded to suspend the necessary rules and take items 15A & 15B as a package
The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 199 Beech St for Pablo Gonzalez
have considered the same and Recommended that the order be adopted.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez

UNDER DISCUSSION:

Councilor Lisi stated they have been recommended by commission on disabilities.
—> 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 12–Nays 0–Absent 1 (Leahy).

The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 77 Elm St. for Melissa Smith.
have considered the same and Recommended that the order be adopted.

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 12–Nays 0–Absent 1 (Leahy).

The Committee on Ordinance to whom was referred an order Zone Change Application from RA to BH for Sergey Troshchiy at 405 Ingleside Street, to provide affordable pre-owned vehicles.
have considered the same and Recommended that the application be given a leave to withdraw without prejudice.

Committee Members:
Rebecca Lisi
Juan . Anderson-Burgos
Linda L. Vacon
Terence Murphy
Libby Hernandez

UNDER DISCUSSION:

Councilor Lisi stated that the application had a public hearing where it was made clear that it would be a spot zone. Applicant submitted a request to withdraw, and had planned to work with OPED to find a more suitable location.
—> Report of Committee received and recommendation adopted.

Motion was made and seconded to suspend the necessary rules and take items 16A & 16P

The Committee on Finance to whom was referred an order That the Finance Committee invite Tanya Campbell of Melanson and Heath to discuss the fiscal 2020 certification of free cash process.
have considered the same and Recommended that the order has been complied with.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin commended the credentials of Tanya Campbell. Stated that the audit and management letter on the city’s finances had been discussed. Observed that 15 items has been discussed, some highlighting good conditions and some not so good. Stated that there were few surprises, adding that some of the responses had already been adhered to shape. Stated that the second order was to hear form the auditor about deficiencies, including items that led to offset of free cash. Noted that tax rate vote had been when the expectation was free cash would be zero, and that it is now in the negative. Observed learning that discrepancies noted by auditor can be made whole within three months of new fiscal year, adding that grant reimbursements happening shortly after the new fiscal year can reduce items initially labeled as deficiencies. Also noted that there were questions on the city being penalized for deficiencies in the school budget that the state is in control of due to receivership, adding that Campbell couldn’t speak to it but did take note.
Councilor Lisi noted that a Power point was presented by Campbell, asking if that had been provided.
Councilor McGiverin stated that it was to be provided to the Admin, and suggested deferring to him.
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred an order to discuss the 2019 audit report with Tanya Campbell of Melanson & Heath
have considered the same and Recommended 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 Memorandum of Understanding Between The Holyoke Public Schools and The Holyoke Police Department.
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin observed much discussion on school resource officers during the previous June’s budget meetings. Stated that the previous practice had been for the school to submit a check to the police department for deposit into their expense account, adding that this is not appropriate method for handing these transactions. Noted it has since been corrected. Noted the auditor’s suggestion was to create the MOU, adding that adopting it solidifies the agreement.
—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Finance to whom was referred an order that the amount of THREE THOUSAND EIGHT HUNDRED TWENTY FIVE AND 00/100 Dollars ($3,825) be authorized from the COMPUTER SYSTEMS Department’s SYSTEMS-SOFTWARE LICENSE/USAGE FEES (11552-53100) appropriation in fiscal year 2021 for services rendered in fiscal year 2020 which were unencumbered at the 2020 fiscal year end.
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that the initial invoice from Whalley had been misplaced and that the order is to pay the invoice from the previous year with the current year’s funds.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Finance to whom was referred an order that the sum of $140,000 is appropriated to pay the costs of Holyoke Police Department vehicles (4 Police Cruisers) and the payment of all costs incidental and related hereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore; that the Mayor is authorized to contract for and expend any state aid available for the project; and that the Mayor is authorized to take any other action necessary to carry out this project.
Further Ordered: That any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44,. Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Further Ordered: That the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any and all of the bonds or notes authorized to be issued pursuant to this Order, and to provide such information and execute such documents as may be required for such purposes.
Further Ordered: That in order to reduce interest costs, the City Treasurer, with the approval of the Mayor, is authorized to refinance any bonds issued pursuant to this Order and in connection therewith, to issue refunding bonds in accordance with Chapter 44, Section 21A of the General Laws.
Further Ordered: That there shall be no change in the purpose of this bond authorization without prior vote of approval by the Holyoke City Council.
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that the recommendation was to bond for the vehicles following a discussion with Lt. Hart as well as City Auditor, Tanya Wdowiak. Noted that the fleet has 11 vehicles, with the oldest over 15 years old. Stated that it was learned that unmarked cars are not used 24 hours a day. Stated that the necessity of the vehicles was made clear, adding that the life expectancy is 10 years. Stated that the bonding rates are currently low, potentially as low as 1% depending on length of bond.
Councilor Leahy reiterated the necessity of the vehicles, adding that the bonding rate is almost nothing and should be taken advantage of. Also noted that bonding terms are preferable to lease-to-own options, which would not be a practical use of taxpayer money.
Councilor Bartley recalled that City Council passed orders assuring that the City Council gets to pick bonding amounts and determine purposes for funds. Added that access to low rates can be attributed to a strong stabilization balance, in contrast to mayoral proposals to use stabilization funds for purchase of vehicles. Observed that the plan for seeking new vehicles would be every 4-5 years.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, EIGHT HUNDRED FIFTEEN AND 00/100 Dollars ($815) as follows:
FROM:
60402-54200 OFFICE & PROFESSIONAL SUPPLIES $815
TOTAL: $815
TO:
60401-51300 OVERTIME $815
TOTAL: $815
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin observed that item comes from the sewer department, adding that funds have had to be moved around because the department cannot shut off water and funds are not being collected, partly due to Covid.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Murphy).

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, ELEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($11,750) as follows:
FROM:
14251-51106 HIGHWAYS & BRIDGES DEMO WORKER $11,750
TOTAL: $11,750
TO:
14261-51300 AUTO EQUIPMENT MAINTENANCE OVERTIME $11,750
TOTAL: $11,750
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that funds are coming from a line item where an employee position was not filled for much time, adding that the surplus is being transferred to cove the costs of repairs on an aging fleet. Stated that the maintenance line item began with $12,000 and that the department had already spend $8,000 beyond that. Also noted that the auditor made clear that overspending an account shouldn’t happen.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FOUR THOUSAND SIX HUNDRED EIGHTY TWO AND 00/100 Dollars ($4,682) as follows:
FROM:
14251-51106 HIGHWAYS & BRIDGES DEMO WORKER $4,682
TOTAL: $4,682
TO:
14101-51500 ENGINEERING VACATION BUYBACK $3,232
14301-51830 REFUSE/RECYCLING LONGEVITY 1,450
TOTAL: $4,682
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin noted that the account being transferred from is the same as in the previous order, with a surplus due to an unfilled position. Stated that the transfer is divided into a buyback for the City Engineer for unused vacation time due to Covid, as well as longevity payment that should have been part of the budget discussions. Noted it is contractual obligations.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Bartley).

Motion was made and seconded to suspend the necessary rules and take items 16H, 16M, 16N, 16O as a package
The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, NINETEEN THOUSAND SEVEN HUNDRED FIFTY FIVE AND 00/100 ($19,755) as follows:
FROM:
11511-51102 ASSISTANT SOLICITOR $19,755
TOTAL: $19,755
TO:
11511-51101 CITY SOLICITOR $19,755
TOTAL: $19,755
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that the mayor sent a communication recognizing Attorney Barnes as the Acting Solicitor since October 2018, as well as recognizing the need to pay her retroactively to cover the salary she should have been paid. Noted that an ordinance states that the senior solicitor becomes Acting City Solicitor upon vacancy in the City Solicitor position. Observed that Atty Barnes had performed the job and all duties since that time, including managing the department and its budget, as well as working with the City Council and other departments of the city. Observed that the transfer of $19,755 coming from Assistant Solicitor is to being her salary to the appropriate rate for the remainder of the current fiscal year, with some retroactive pay. Added that the remaining three transfers are to cover what the salary should have been in the previous two fiscal years as well the time since the current fiscal year had begun. Noted that the department had positions that had become open, and that the surplus from those positions would assure the department has the necessary funds through the end of the fiscal year. Noted that the auditor had not been aware of the ordinance leading to Atty Barnes being paid out of grade, adding that the transfers came as a result of calculations to account for what her salary should have been. Observed that the larger transfer had been a 4-0 vote, with the other three referred out with 2-2 votes.
Councilor Leahy stated Atty Barnes had not known that Atty Barnes was being paid out of grade, adding it should have happened a long time ago.
Councilor Anderson-Burgos observed the hard work and effort Atty Barnes puts in for the Council. Expressed that the pay is well deserved.
Councilor Lisi expressed that Atty Barnes does a lot of research that helps the City Council do its work when questions from a legal perspective come up. Recalled that when the City Clerk position became vacant, the Assistant Clerk moved up, and work was done to assure the salary was adjusted accordingly.
Councilor Vacon expressed support for the $19K transfer, adding agreement with points on Atty Barnes’ work ethic. Expressed concern about legal issues with regard to adjusting pay for previous fiscal years. Observed that state law may prohibit adding to the salary of previous years with funds from this fiscal year.
Councilor Murphy noted some confusion during the committee meeting with regard to what was covered with each transfer, adding recognition that the $19K transfer includes current salary being transferred plus the extra for the next quarter. Noted that the other three relate to what she should have been paid had she been at the correct grade. Expressed support for all four transfers, noting the importance of treating employees right.
Councilor Sullivan expressed support for the larger transfers, adding a suggestion that the other orders should be tabled for a legal opinion. Noted that the state law related to the issue is Chapter 44, Section 68, stating,
“Whenever a city, town or district votes to grant a salary increase to all or any of its employees, such increase may be retroactive to a date not earlier than the beginning of the fiscal year prior to the date of such vote.”
Expressed that the body should delay a vote to get clarity on the state law.
Councilor McGiverin clarification that the transfers are not for salary increase, but to correct a mistake, adding that its pay Atty Barnes should have been receiving already. Noted that the word “retroactive” is not in the language of any of the orders. Stated that notification could happen if the vote taken is found to be a violation of any laws.
Councilor Lisi emphasized that the transfers are not for a salary increase for the Assistant City Solicitor, but to correct the pay for the employee in the Acting City Solicitor position.
Councilor Vacon stated that the appointment of an Acting City Solicitor can only be done by the mayor. Stated that the decision was not made to put Barnes into that position until this year.
Councilor Greaney expressed agreement with the previous comment, noting concern with violating state law. Added he would support item 16H.
Councilor Lisi clarified that work had been done to create positions through ordinance, adding that the language of the ordinance automatically elevates the senior employee upon vacancy in the City Solicitor position.
Councilor Leahy asked if there are residency requirements.
President McGee stated there is a residency requirement for the City Solicitor.
Councilor Bartley asked for a clarification of the orders being discussed.
President McGee stated that 16H, 16M, 16N, and 16O were taken up as a package.
Councilor Bartley stated he would be ready to pass 16H. Read language of state law which states that employee pay increases can only be retroactive to the beginning of the fiscal year. Stated that the position had been set by the mayor in prior budgets. Stated that an employee getting a raise for prior fiscal years is contrary to state law. Suggested that there needs to be a legal opinion before voting on 16M, 16N, and 16O.
Councilor Bartley made a motion to table items 16M, 16N, and 16O. Councilor Vacon seconded the motion. Motion passed on a show of hands vote.
Councilor McGiverin expressed he had a different interpretation. Stated that there needs to be consensus on what legal opinion would be sought.
President McGee stated that the legal opinion would have to come from the City Solicitor, noting city does not have outside counsel.
Councilor McGiverin stated that it wouldn’t be an opinion if not signed by the City Solicitor. Expressed that transfers would have to go through several steps of approval. Stated that the transfers are not for retroactive pay or a salary increase, but to pay the salary that should have been given.
Councilor Murphy suggested 16N should be taken up, noting it is retroactive to July 2020. Stated that it is what Atty Barnes would have been paid at the correct level for the current fiscal year.
Councilor Vacon recalled that it was confirmed in committee that 16H would made Atty Barnes whole for the current fiscal year.
President McGee suggested voting on 16H, and then potentially reconsidering the other items.
Councilor McGiverin asked for a reading of 16H.
President McGee read 16H.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND NINE HUNDRED FIFTY SEVEN AND 00/100 ($5,957) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,957
TOTAL: $5,957
TO:
11511-51101 CITY SOLICITOR $5,957
TOTAL: $5,957
have considered the same and Referred back to committee without recommendation.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

—> Report of Committee received and laid on the table.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND SEVEN HUNDRED THIRTY THREE AND 00/100 ($5,733) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,733
TOTAL: $5,733
TO:
11511-51101 CITY SOLICITOR $5,733
TOTAL: $5,733
have considered the same and Referred back to committee without recommendation.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley
Councilor Murphy made a motion to take 16N off the table. Councilor Lisi seconded the motion. Motion passed on a voice vote.
Councilor Vacon asked for clarification on which fiscal year item 16N refers to.
Councilor McGiverin stated that the orders refer to 2021, adding that the transfers are to correct a mistake that was made due to the ordinance. Reiterated that the ordinance states that the senior solicitor becomes the City Solicitor when there is a vacancy.
Councilor Vacon expressed that the question was not answered.
President McGee stated that 16M was for fiscal year 2020, 16O was for year fiscal year 2019, and 16N was for fiscal year 2021.
Councilor Murphy stated that funds in 16N are from July 2020 through March 2021, adding that the transfer passed in 16H covered remaining salary plus the extra required for the salary correction. Expressed support for a legal clarification on the remaining orders.
Councilor McGiverin stated that while the orders are broken down according to their fiscal years they pertain to, they are transfers in this year to cover what is due. Stated the intent is retroactive pay, but the transfers are this year’s funds. Also noted it is the role of City Council to transfer the funds and then it will be determined after that whether or not it is legal.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND ONE HUNDRED NINETY SIX AND 00/100 ($5,196) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,196
TOTAL: $5,196
TO:
11511-51101 CITY SOLICITOR $5,196
TOTAL: $5,196
have considered the same and Referred back to committee without recommendation. .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

—> Report of Committee received and laid on the table.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, TEN THOUSAND AND 00/100 Dollars ($10,000) as follows:
FROM:
14301-51102 REFUSE HMEO $10,000
TOTAL: $10,000
TO:
14302-53100 OTHER SERVICES-TEMPORARY/SEASONAL $10,000
TOTAL: $10,000
have considered the same and Recommended that the order be adopted. .

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that the surplus is due to a vacancy as well as employees out of workers comp. Stated that the transfers are to cover the pay for seasonal employees contracted to cover recycling and trash collection needs.
Councilor Murphy noted progress had been made on potentially getting Roca as an asset for this work.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 1 (Lisi).

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY FIVE THOUSAND AND 00/100 Dollars ($35,000) as follows:
FROM:
14801-51101 PARKING CONTROL OFFICER $30,494
14301-51106 WASTE RECYCLE COORDINATOR 4,506
TOTAL: $35,000
TO:
14302-52410 REFUSE R&M VEHICLES $30,000
16502-52410 PARKS R&M VEHICLES 5,000
TOTAL: $35,000
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that the surpluses had been from vacancies and employees being out of work, adding that the transfers were to cover the expenses of repairs to vehicles.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY SEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($37,750) as follows:
FROM:
12942-53010 CONTRACT FORESTRY SERVICES $35,000
14301-51106 SNOW REMOVAL SERVICES 2,720
TOTAL: $37,750
TO:
14252-53100 SNOW REMOVAL SERVICES $37,750
TOTAL: $37,750
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that forestry services line covers the work on trees in the city, adding that with the vehicle purchase planned, DPW would reassign an employee to the work. Stated that the original order had a typo, with the second transfer coming from waste recycle, not snow removal services.
Councilor Bartley asked why item 36 appears to be a duplicate of this order.
—> Report of Committee received and referred to the Auditor.

The Committee on Finance to whom was referred an order that, in accordance with Mass. Gen. Laws ch. 59, sec. 38H, the City Council approve and ratify an agreement between the City of Holyoke and Holyoke BESS, LLC for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations for the property located across from 50 Water Street. (parcels 049-01-008 and 049-01-009).
have considered the same and Recommended that the order be adopted.

Committee Members:
Joseph M. McGiverin
Peter R. Tallman
Michael J. Sullivan
James M. Leahy
David K. Bartley

UNDER DISCUSSION:

Councilor McGiverin stated that the agreement is the second for an LLC, adding that Councilor Sullivan would provide more details.
Councilor Sullivan stated that BESS stands for battery energy storage system, adding that more similar agreements would likely come in the future. Stated that these kinds of agreements would benefit progress toward more green energy. Suggested tabling to verify numbers.
—> Report of Committee received and laid on the table.

(2:04:40)
The Committee on Public Safety to whom was referred an order that the Department of Public works and SUEZ Water Technologies & Solutions provide a timely plan to the Holyoke City Council regarding street sweeping of city streets in Spring, 2021.  The report should be specific as to when sweeping will take place by neighborhood to ensure compliance with contractual obligations.
Last year a similar order was filed, and it took many follow-up calls/emails to get a response.  I have been advised that there is an obligation to sweep every street at least once.  Verification of this minimum standard and a plan to exceed it for our residents is appreciated and emailed to me as chair of the Public Service Chair.
have considered the same and Recommended that the order has been complied with.

Committee Members:
Terence Murphy
Joseph M. McGiverin
Todd McGee

UNDER DISCUSSION:

Councilor Murphy stated that a spring through summer schedule would be made available soon, noting that every street would be swept at least once, with some areas getting more attention as needed.
Councilor Leahy noted he had filed similar orders each year, adding that there have been issues in the past. Observed having heard much concern from constituents in many neighborhoods. Also noted that this is a requirement of the contract. Also noted that use of city trucks should not be happening.
Councilor Murphy stated that a request had been made to provide the schedule to councilors for the benefit of constituents. Stated that it was mentioned that Suez would be getting a new vehicle.
Councilor Leahy observed that in conversations about this order, some have stated that other communities get done earlier. Stated that Holyoke should be getting the service it deserves and contracted for.
Councilor Bartley observed that the streets have looked good recently. Also recalled an order suggesting that the public notification system be used for expanded purposes such as construction and other public concerns, adding that DPW would be able to use that system for communication.
Councilor McGiverin observed having seen the new street sweeper, adding that it would likely result in improved sweeping. Also noted that the committee meeting included discussion of the benefit of clearing debris from the street as opposed to it ending up in sludge.
Councilor Tallman emphasized the importance of holding them to their contract. Also noted having learned that vehicles could be borrowed for mother communities, if necessary.
Councilor Murphy noted that using the city’s public notification system may not be precise as weather and other delays could impact the published schedule, adding that they could communicate information that shows two week schedules.
Councilor Leahy suggested the notification system could be used for neighborhoods, adding that it would be helpful to receive a communication from the department when the orders get filed.
—> Report of Committee received and recommendation adopted.

(2:21:13)
Councilor Vacon made a motion to suspend the rules to take up items 20D, 20G, and 20H as a package.
The Committee on Charter and Rules to whom was referred an order Resolution for Home Rule Petition see attached
have considered the same and Awaiting disposition.

Committee Members:
Linda L. Vacon
Howard B Greaney, Jr.
Todd McGee

UNDER DISCUSSION:

Councilor Vacon noted that councilors had received the language of the original resolution, the order that requests the Mass General Court to allow Holyoke to skip a special election and wait until the November general election. Observed that there were amendments made in committee, adding that an updated draft has been sent by the Atty Barnes. Expressed that after review of information, had decided not to support the draft as it was approved in committee. Noted that there was clear consensus on avoiding the special election, adding that discussion on filling the vacancy had made the petition less clear and endanger having the petition approved. Suggested supporting the initial petition to avoid the special election. Reiterated that the draft up for consideration includes amendments changing who can serve as acting mayor. Expressed surprise in the Council president’s announcement that he would not serve as Acting Mayor. Suggested that he could resign the position to allow for another president to serve as Acting Mayor.
Councilor Greaney expressed his surprise at the announcement, adding support to petition to the state for avoiding a special election. Added he would withdraw his support for the additional amendments.
Councilors Lisi questioned if rescinding a committee vote is possible, adding that any new amendments would have to be made to the draft passed out of committee.
Councilor Greaney suggested a legal opinion.
Councilor Lisi made a motion to allow Atty Barnes to address the Council. Councilor Tallman seconded the motion. All councilors voted in favor.
Atty Barnes stated that committee votes are advisory, adding that the full council vote is what matters.
Councilor Murphy expressed that President McGee decision appeared to be an honorable decision that was made for the best interest of the city. Observed receiving a communication from Atty Barnes stating that the legislature’s process likely would not be as swift as hoped.
Councilor McGiverin observed that 10 city councilors had been a part of the discussion, adding that consensus appeared to have been reached on a time sensitive matter. Stated that the petition provides an opportunity for the Council to lay out a desired process to handle a situation that was not expected, adding that the mayor had made the choice to not complete his term. Also noted there was an expectation that there would be more time to address the situation. Observed that the Council President had been clear he could not hold the Acting Mayor position for an extended period of time due to potential conflicts that could be expected. Expressed that the person who takes over as Acting Mayor should not lose their position as a councilor, as they had been elected to their position by the voters.
Councilor Leahy asked for a clarification on the suggestion from Councilor Vacon regarding the election of a new president.
Councilor Vacon stated that the charter requires the council president to serve as Acting Mayor upon a vacancy. Stated that the easiest way to address the vacancy would be to keep the role as defined in the charter and not petition the Mass General Court. Stated that the additional section to address who fill the vacancy would add complications to the intent of waiving the special election.
Councilor Leahy stated that the option to petition the legislature is for this kind of situation. Expressed concern about asking the council president to resign the position because he discovered there may be issues with serving as Acting Mayor.
Councilor Tallman expressed his support for President McGee. Expressed that the amendments appeared to be clear, noting that President McGee could serve in the role until the petition is resolved. Expressed his support for a member of the body to serve as Acting Mayor, adding that one of the councilors running for mayor should not be chosen and likely would not receive the votes.
Councilor Anderson-Burgos suggested looking at a provision that would place the City Clerk into the role of Acting Mayor.
Councilor Lisi expressed recognition for the difficulty of the decision President McGee made. Questioned if there is any major difference in appointing an Acting Mayor and electing a Council President. Suggested having the current president fill the vacancy until the petition can be acted on. Suggested that a later vote may be necessary to vote on a new president depending on the response from the state legislature.
Councilor Greaney asked if the City Council has the power to amend the charter.
President McGee stated that the City Council can request to amend the charter but that it would have to approved by the state.
Councilor Greaney asked if the state must be petitioned to do that.
President McGee stated that the body would act as a group to make any changes.
Councilor Murphy asked about the potential length of the delay. Also asked how long President McGee would be able to serve.
President McGee stated he spoke with State Rep Duffy as learned it would likely take until a few weeks into April, adding that this would not be an issue. Stated that there would likely be some back and forth with the state, but that similar processes already having happened in Lawrence and Boston may make the process smoother.
Councilor Murphy suggested sending the resolution as it has been drafted, adding that a lengthier delay could mean electing a new president but that attempting a new procedure for appointing an Acting Mayor is worth pursuing.
Councilor McGiverin emphasized the importance of acting right away, noting the pending work to handle the next budget. Stated that the charter allows for local government, with a unique opportunity to draft the way we want the city government to proceed. Observed that on March 26th, the council president will become the Acting Mayor. Noted that if the state disagrees, they can amend the petition.
Councilor Lisi suggested respecting the charter, keep the petition narrow. Expressed confidence in President McGee’s ability to understand the finances of the city and handle the budget. Suggested hearing back from the state on waiving the special election and then taking the next step when necessary.
Councilor Bartley read a provision in state law, Chapter 39, Section 5, which allows a “board of alderman” to elect an acting mayor if the position is vacant and the president of the council cannot perform the duties. Suggested that the language contemplates the current situation. Suggested sending the petition to the state as it was drafted. Asked for a statement from Council President indicating his intentions whether or not he would resign.
Councilor McGiverin noted having read the same section of MGL, adding that the language of “common council” refers to a bicameral government such as what Holyoke had when the charter was first written. Questioned if the section would apply to the current situation but noted that the law does appear to recognize there may be need to be flexible.
Councilor Murphy made a motion to suspend the rules to allow Atty Barnes to address the Council. Councilor Lisi seconded the motion. All councilors voted in favor.
Atty Barnes stated that charter requires a special election, and that needs to be addressed first. Also stated that the law give guidance on a situation when the president cannot fill the role of acting mayor, but that the language does not specifically refer to a City Council.
Councilor Murphy asked if the provision could be effective in Holyoke, would the other parts need to be in the petition.
Atty Barnes suggested including the language, adding that the law may have an intentional distinction defining a common council as opposed to a city council. Also noted that the “board of alderman” language may just be outdated.
Councilor Tallman stated that the petition should move forward as it was drafted in committee. Reiterated that if they need to amend it, that can be done as needed.
Councilor Greaney suggested that the proper step would be to petition the state to waive the special election as one petition and have the additional amendments sent as a separate petition. Stated they should be separate to avoid having the entire petition turned down including the special election provision.
Councilor Sullivan observed that the state can choose to amend the petition and send it back. Suggested that the petition as drafted in committee should be sent to the state. Also noted that the charter asks for an acting mayor to fill the role for a shortened length of time, adding that the extended time of the current situation already goes outside of the charter.
Councilor Vacon stated that the city is organized under a Plan B charter. Reiterated that the charter should be honored.
Councilor McGiverin stated that the draft created makes the most sense. Noted that the petition to waive the special election is already changing the charter.
Councilor Vacon observed that the charter does not state how long an acting mayor may serve.
Councilor Sullivan asked for a reading of the petition draft.
Atty Barnes shared her screen to show the petition draft.
President McGee expressed recognition of frustration felt by some members. Noted that things developed more swiftly than expected and discovered there would likely be a risk a conflict after due diligence. Expressed it would be more unfair to wait until a conflict comes up, adding that he would only be able to put in part time work but earning a full-time salary. Stated that the goal is what is right for the city.
Councilor Vacon expressed an objection to characterization, adding that advance communication to the committee’s chair could have been offered as a professional courtesy.
Councilor Greaney expressed having felt blind sided, noting the impression given that President McGee would be serving as acting mayor.
Councilor Bartley made a motion to add a “whereas” statement indicating that the Council President is unwilling or unable to serve as acting mayor. Councilor Vacon seconded the motion.
Councilor Leahy suggested the language should specifically state unable to serve.
Councilor Lisi questioned if the new language is unnecessary, noting that President McGee is able to step in for a short time.
Councilor Leahy stated that giving Boston as much information as possible is good to help them understand the situation.
Councilor Sullivan suggested the language could state the “unable to perform for an extended period of time.”
Councilor Tallman expressed that the language does not need to be added, noting that the language already in the draft already makes what the City Council is doing clear.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

The Committee on Charter and Rules to whom was referred an order The City of Holyoke, through its Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Court to enact legislation to amend the requirement for special election upon mayoral vacancy in the year 2021 in the City of Holyoke, and that said legislation be entitled:
AN ACT RELATIVE TO THE OFFICE OF MAYOR IN THE CITY OF HOLYOKE
And that said act read as follows:
SECTION 1. Not withstanding any general or special law to the contrary, if a vacancy in the office of mayor of Holyoke occurs at any time in the year two thousand and twenty-one, the vacancy shall not be filled by a special municipal election and shall instead be filled according to the provision of Section 28 of Chapter 189 of the Acts of 1992, which states that “Whenever there shall be a vacancy in the office of mayor the president of the city council shall act as mayor, and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the city council.”
SECTION 2: This act shall take effect upon its passage. Awaiting disposition.

The Committee on Charter and Rules to whom was referred an order The City of Holyoke, through its Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Court to enact legislation to amend the requirement for special election upon mayoral vacancy in the year 2021 in the City of Holyoke, and that said legislation be entitled:
AN ACT RELATIVE TO THE OFFICE OF MAYOR IN THE CITY OF HOLYOKE
And that said act read as follows:
SECTION 1. Not withstanding any general or special law to the contrary, if a vacancy in the office of mayor of Holyoke occurs at any time in the year two thousand and twenty-one, the vacancy shall not be filled by a special municipal election and shall instead be filled according to the provision of Section 28 of Chapter 189 of the Acts of 1992, which states that “Whenever there shall be a vacancy in the office of mayor the president of the city council shall act as mayor, and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the city council.”
SECTION 2: This act shall take effect upon its passage Awaiting disposition.

The Committee on Charter and Rules to whom was referred an order that a City Council rule be added; that City Council committees assigned in the prior term remain in effect for re-elected Councilors until the President-elect assigns new committees.
have considered the same and Awaiting disposition.

Committee Members:
Linda L. Vacon
Howard B Greaney, Jr.
Todd McGee

UNDER DISCUSSION:

Councilor Vacon noted there had been feedback from legal after some back and forth.
Councilor McGiverin noted that the charter is clear that no business can be done at the beginning of a term until the City Council elects a president. Expressed concern that committees from a prior term would be acting during a new term.

—> Report of Committee received and Denied on a call of the roll of the yeas and nays –Yeas 5 (Bartley, Greaney, Jr., Murphy, Sullivan, Vacon)–Nays 8–Absent 0.

ORDERS AND TRANSFERS

(3:32:10)
Councilor Bartley made a motion to suspend the rules to take items 22, Late File A, and Late File B as a package. All councilors voted in favor.
BARTLEY Ordered, that DPW install a stop sign at the end of Ridgeway St. where it meets Lorraine St.  Refer to Ordinance and copy to DPW
—> Received and referred to the Ordinance Committee.

BARTLEY Ordered, that Holyoke DPW install a street sign at Fairview Street.
—> Received and adopted. Referred to the DPW.

BARTLEY Ordered, that Order that the city of Holyoke bar large vehicles from the following public ways:
a. Hillside Avenue
b. Queen Street
c. Hitchcock Street
d. Michigan Avenue
e. Edbert Drive
f. Memorial Drive
g. Moss Avenue
h. Sheehan Drive
i. Arden Street
j. Lorraine Street
k. Fenton Street
l. Nichols Drive
m. Fairmont Street
n. Fairview Street
—> Received and referred to the Ordinance Committee. Copy to DPW and City Engineer.

HERNANDEZ Ordered, that That a handicap sign be removed from 50 Walnut St.
—> Received and referred to the Ordinance Committee.

HERNANDEZ Ordered, that that a proposal/resolution filed in the past by Councilor Nelson Roman be taken up by the Public Service Committee as it relates to replacing Columbus Day with Indigenous People Day.  The City of Holyoke consists of more than 50% of its population being Latinos, predominantly of Puerto Rican heritage.
—> Received and referred to the Public Service Committee.

LISI Ordered, that the City Council develop a public process by which councilors can submit recommendations for how the $29 Million in COVID stimulus funding will be spent locally.
Councilor Lisi suggested having different departments in to discuss how they could use the funds, as well as allow for public discussion on priorities. Added that recommendations could then be forwarded to the Finance Committee. Suggested time should be taken for an open process.
Councilor Greaney suggested looking into providing relief to homeowners and taxpayers.
Councilor Leahy asked to be added to the order. Suggested including the Covid response team in the discussion, noting there are many open questions about the work they have done.
Councilor McGiverin suggested a conversation addressing if the acting mayor would have authority to spend the new Covid funds without City Council approval.
Councilor Lisi clarified that the new funds are not intended for Covid response, but to address impacts on different sectors of community.
Councilor Tallman asked to be added to the order.
—> Received and referred to the Public Safety Committee.

LISI, Anderson-Burgos, Hernandez, Lebron-Martinez Ordered, that in an effort to obtain neutral, fact based data and statistics, the City contract an independent assessment of Holyoke Police Department’s structure, policies, and practices.
Councilor Lisi stated that this would go to the Executive under normal circumstances, adding that a discussion in Public Safety for structure would be a valuable step. Also noted that the order to be a first opportunity for a holistic, systemic look at departments.
Councilor Murphy observed there to be a need to understand the scope of the order. Stated a need to understand how overtime is distributed, noting that the contract has specific language that may make it more difficult to work overtime. Stated a need to assure the city gets the most for the money it spends. Expressed that the answers may be able to acquire without the need for an independent assessment.
—> Received and referred to the Public Safety Committee.

MCGEE Ordered, that Order that the park and recreation department and DPW review the park space at Jones Point in order to develop a plan to better utilize the space.
—> Received and referred to the Public Service Committee and DPW, Parks and Rec.

MCGIVERIN Ordered, that That the City Council consider raising the max amount of reserve police officers for 24 to 35.
—> Received and referred to the Ordinance Committee.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO THOUSAND ONE HUNDRED SIXTY THREE AND 96/100 Dollars ($2,163.96) as follows:

FROM:
12201-51105 FIREFIGHTER $2,163.96
TOTAL: $2,163.96
TO:
12201-51180 INJURED ON DUTY $2,163.96
TOTAL: $2,163.96

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 16, 2021.

Alex B Morse, Mayor
UNDER DISCUSSION:
President McGee stated that item 34 appeared to be a repeat of item 29.
Councilor McGiverin suggested that the item is identical and appears to be redundant.
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Bartley, Lebron-Martinez).

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, ELEVEN THOUSAND EIGHT HUNDRED EIGHTY AND 40/100 Dollars ($11,880.40) as follows:

FROM:
12101-51104 LIEUTENANT $3,807.08
12101-51107 PATROLMEN 8,073.32
TOTAL: $11,880.40
TO:
12101-51180 INJURED ON DUTY $11,880.40
TOTAL: $11,880.40

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 16, 2021.

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 (Bartley, Lebron-Martinez).

MCGIVERIN Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 DISTRICT LOCAL TECHNICAL ASSISTANCE (DLTA), $22,500 TECHNICAL ASSISTANCE ONLY, 5% IN KIND 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.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 16, 2021.

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

MCGIVERIN Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “LOCAL RAPID RECOVERY PLANNING, $90,000 TECHNICAL ASSISTANCE ONLY, 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.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 16, 2021.

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

MCGIVERIN Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 STUDENT & SENIOR AWARENESS OF FIRE EDUCATION (S.A.F.E.), $9,260, 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.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 16, 2021.

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

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO THOUSAND ONE HUNDRED SIXTY THREE AND 96/100 Dollars ($2,163.96) as follows:

FROM:
12201-51105 FIREFIGHTER $2,163.96
TOTAL: $2,163.96
TO:
12201-51180 INJURED ON DUTY $2,163.96
TOTAL: $2,163.96

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 16, 2021.

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

MCGIVERIN Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “CULTURAL FACILITIES FUND CAPITAL GRANT, $110,000 WITH $110,000 CERTIFIED MATCHING FUNDS, COMPLETION DATE 3/1/2022,” 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, March 16, 2021.

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

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY SEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($37.750) as follows:

FROM:
12942-53010 CONTRACT FORESTRY SERVICES $35,000
14301-51106 WASTE RECYCLE COORDINATOR 2,750
TOTAL: $37.750
TO:
14252-53100 SNOW REMOVAL SERVICES $37,750
TOTAL: $37.750

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, March 16, 2021.

Alex B Morse, Mayor
—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 13–Nays 0–Absent 0.

LATE FILED ORDERS & COMMUNICATIONS

 

Communication from League of Women Voters of Northampton area.
—> Received and referred to the Public Safety Committee.

From Michael McManus General Superintendent DPW letter re: American Rescue Plan
—> Received.

Adjourn at 10:53 PM.
A true record
ATTEST:

______________________________
City Clerk