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Holyoke City Council Meeting November 21, 2023

Nov 21 2023

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

Posted November 17, 2023, 12:43 PM

Status updates for orders

vídeo en español

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

November 21, 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.

PUBLIC COMMENT

COMMUNICATIONS

2. From Mayor Joshua A. Garcia letter reappointing Mr. Morris M. Partee, 127 St. Kolbe Dr. to serve as a member of the Board of Appeals for the City of Holyoke: Mr. Partee will serve a three year term; said term will expire on July 1, 2026.

3. From Mayor Joshua A. Garcia letter reappointing the following individuals as Commissioners of the Council on Aging for the City of Holyoke:

Susan Aiken, 359 Linden St.
Sean Gonsalves, Holyoke Board of Health
Julita Rojas, 337 Sargeant St.
Kyong Cruz, 107 Martin St.
Nicole Perrier, 1706 Northampton St.
Priscilla Garcia, 89 Brooks St.
Dian McCollum, 20 Easthampton Rd.
Cappie Glica, 19 Concord Ave.
Barbara J. Grady, 44 Edward Dr.
Len Brouillette,179 Morgan St.
Mr. Wayne Klinge, 22 Dale St.

Also, Appointing the following as a commissioner of the Council of Aging,
Jose (Rafi) Merced, 781 Hampden St. #2
they will serve a one year term; said term will expire August 2024.

4. 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.

5. From City Clerk Brenna McGee and Admin. Asst. Jeffery Anderson-Burgos City Council Minutes from Oct 17 and Nov 9

6. From Lisa Ball, legal opinion regarding Sec 2-162 of the Holyoke City Ordinances

7. From Assistant City Solicitor Jane Mantolesky regarding Canal Row License Agreement

8. Update from Daniel F. O’Sullivan in regards to Holyoke Media.

9. Petition for Speed Humps on Sargeant and St. Jerome Streets.

10. Grant Completion Form: FY23 Urban Agenda Grant Program.

11. From Board of Public Safety minutes of August 23, 2023.

12. From Holyoke Economic Development and Industrial Corporation minutes of November 29, 2022 and August 24, 2023.

13. From Board of Fire Commission Meeting Minutes from Sept 21, Oct 19, and Nov 6

PETITIONS

14. Petition of OM Holyoke gas LLC, Meet Patel, Manager of 820 High St. for a Motor Vehicle Service Station with fast food and/or convenience goods

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

15. Ordinance Committee Reports (if any)

16. Finance Committee Reports (if any)

16A. The Committee on Finance to whom was referred an order From Community Preservation Committee, Revised scope of work for FY23 CPA Wistariahurst restoration of damaged porch structures project Recommended that the order be adopted.

16B. The Committee on Finance to whom was referred an order From Lisa Ball, City Solicitor Settlement agreement by and between the City of Holyoke and the Holyoke firefighters Local 1693. Recommended that the order be adopted.

16C. The Committee on Finance to whom was referred an order From Lisa Ball, City Solicitor, Agreement between The City of Holyoke and Local Union No. 1693 of the International Association of Firefighters, AFL-CIO. Recommended that the order be adopted.

16D. The Committee on Finance to whom was referred an order From Mayor Joshua A. Garcia, supplemental budget. Recommended that the order be refered to the full Council.

16E. The Committee on Finance to whom was referred an order That the police department please provide a list, with events and dollar amounts that have received police details/paid overtime during the last 6 months. Private businesses popular with leadership, making profit should not have their OT details paid for by tax dollars when public community events have had to budget their own funds in the past. Recommended that the order has been complied with.

16F. The Committee on Finance to whom was referred an order The city’s law department provide the mandated quarterly report for YTD legal expenses incurred by the City of Holyoke for outside legal counsel caused as a result of a Planning Board vote opposing a project near the Log Cabin. Please refer to the 10/4/22 order adopted by city council and approved by the mayor. Receive and Refer to Law Dept for an update as soon as possible. Recommended that the order has been complied with.

17. Public Safety Committee Reports (if any)

18. Public Service Committee Reports (if any)

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

19A. The Committee on Development and Governmental Relations to whom was referred an order From Holyoke Redevelopment Authority Summary of Activities from November 1, 2021 to October 31, 2022. Recommended that the order has been complied with.

19B. The Committee on Development and Governmental Relations to whom was referred an order Petition of Laura Delmolino for a new special permit for a driveway in front yard (6.1.8.1) at 176 Lincoln St. Recommended that the special permit be granted.

19C. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of CAMRAC, LLC dba Enterprise Rent-A-Car per 7.2.13 for rental of motor vehicles at 7 Cray Ave Awaiting disposition

19D. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of Delfina Saillant per 7.2.9 to convert basement into a livable studio space at 20 Pearl Street Awaiting disposition

19E. 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 Awaiting disposition

19F. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of Salmar Realty LLC c/o Peter Martins for a special permit for a Proposed Coffee shop/Drive Thru Restaurant at South Street Plaza, A Portion of 209 South St. Awaiting disposition

19G. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of Zachary Bruneau per 4.7.3 non-conforming to rebuild old garage on the same footprint at 15 Brookline Avenue Awaiting disposition

19H. The Committee on Development and Governmental Relations to whom was referred an order That OPED and the Holyoke Redevelopment Authority attend an upcoming D&GR meeting to update the council on the Urban Renewal Plan and ongoing projects related to the plan. Recommended that the order has been complied with.

19I. The Committee on Development and Governmental Relations to whom was referred an order that TJ O’Connor be invited in to a subcommittee meeting to discuss how they serve the animal population of Holyoke, including the struggles they face and what Holyoke can do to help. Recommended that the order has been complied with.

20. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

22. MURPHY-ROMBOLETTI, MALDONADO-VELEZ, RIVERA_I, RIVERA_J — Ordered 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.

23. MURPHY-ROMBOLETTI — Ordered that the DPW look into traffic calming and increased safety measures for the intersection of Sargeant Street & St. Jerome Ave.  Residents have complained that cars regularly ignore the 4-way stop signs and would like the City to explore installing flashing lights or raised crosswalks.

24. MURPHY-ROMBOLETTI — 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.

25. MURPHY-ROMBOLETTI — 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.

26. PUELLO — That the DPW please consider adding a portable toilet at Springdale Park next to the Main and Papineau parking lot or adjacent baseball fields, requested for upcoming spring season.

27. PUELLO — That the DPW  please explore adding a sidewalk/walking area along the hill of Lower Westfield road beginning at Ingleside. Concerns have been raised about the lack of space on the hill incline for residents to walk safely.

28. PUELLO, BARTLEY — That the Mayor please appropriate the funds needed for a construction feasibility land survey required for the property at the top of the hill on St. Vincent. This property was transferred to the city by the school department over 2 years ago with the hopeful intent to create more housing. Alternatively, please consider making the property available for development with the survey requirement as a condition of an agreement.

29. PUELLO — That we consider crafting an ordinance stipulating requirements for expenditure of funds of the police special events line and requirements. Example: committee organized event, private businesses participating, alcohol served, who is profiting etc.

30. PUELLO — That we consider a ballot question to determine if the term of office for mayor should be reduced to 2 years, amid historically low voter turnout and pending administrative changes under consideration.

31. PUELLO — That all individual private businesses that benefited from the tax payers police department special events line within the last year please be billed for said amount like any another private account holder requesting overtime.

32. RIVERA_J — That a handicap sign be placed in front of 34 No. Summer St. for Jeysha L. Detres Hernandez, Placard # PL5620318, Exp: 10/14/2027.

33. TALLMAN, VACON — Ordered, that a review of the ordinance on the Soldiers Memorial Commission be done to update the language.

34. VACON — that PD conducts a speed study on lower Homestead Ave.

35. VACON — Remove the dead tree at 137 Whiting Farms Rd near the sidewalk.

36. VACON —  the PD provide an update summary of enforcement activities by Holyoke and/or State Police re: truck traffic at night and drivers exceeding speed limits on Homestead Ave.

37. VACON — At the I-91 dedicated exit lane to the mall, install flexible lane delineators to prevent people from illegally crossing across the solid line across the bike lane

38. ANDERSON-BURGOS — Ordered, that the DPW/Engineer review better placement and/or address the tree obstructing the stop sign at the intersection of St Jerome as it meets West Franklin. Residents traveling on West Franklin have expressed concern about drivers going through the stop sign and believe it may be due to not seeing it until the last second.

39. ANDERSON-BURGOS — Order for a review to consider a blinking yellow left for northbound traffic on Northampton Street at Hampden. Residents have expressed concern about near accidents due to vehicles making a left while southbound traffic still has a green light.

40. BARTLEY, PUELLO — The DPW repair the guardrail at Jones Ferry Rd. as it is now detached and on the ground.  While on site, the DPW install a street sign where the road merges with Route 5.

41. MCGEE — Ordered, to present proclamations for this year’s awardees of the Patriotic Events Committee at the Veterans Day ceremony.
Citizen of the Year: Damaris Aponte
Local Business of the Year: Holyoke Gas & Electric
Public Safety Member of the Year: Detective Liam Glasheen
Veteran of the Year: Christopher Simms

42. MCGEE — Order that the city or school dept install a fence at the back entrance of EN White school field (connecting to fence by the woods)

43. MCGEE — That a youth task force be established with a stipend program to incentivize teens through stipend payments to participate in community wide civic engagements and volunteerism around anti violence / anti gun activities as well as character and leadership skill development.
Refer to public safety but invite in boys and girls club, Girls inc to discuss.

44. MCGEE — Ordered, that Personnel post to fill Ctiy Council At-Large appointment(s) to the Community Preservation Committee that will be opening soon.

45. MCGIVERIN — in accordance with M.G.L. Chapter 44 s.53A, the City Council hereby accepts the donation of a new vehicle for the Council on Aging, valued at approximately $45,000, from The Friends of the Holyoke Council on Aging, and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of said donation and further authorizes the use of said proceeds in accordance with the wishes of the donor.

46. MCGIVERIN — in accordance with M.G.L. Chapter 44 s.53A, the City Council hereby accepts the donation of City Council proclamations, valued at $41, from Hitchcock Press, and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of said donation and further authorizes the use of said proceeds in accordance with the wishes of the donor.

47. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2024 MUNICIPAL ROAD SAFETY PROGRAM, $39,880, 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.

48. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “PARTNERS FOR A HEALTHIER COMMUNITY DBA PUBLIC HEALTH INSTITUTE OF WESTERN MA (PHC/PHIWM), $10,000, 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.

49. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, FIFTY THOUSAND AND 00/100 Dollars ($50,000) as follows:

FROM:
12101-51117 E911 DISPATCHERS $50,000
TOTAL: $50,000
TO:
12102-54221 SUPPLIES – AMMUNITION $50,000
TOTAL: $50,000

50. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, ONE HUNDRED SIXTY FOUR THOUSAND SIX HUNDRED NINETY FIVE AND 27/100 Dollars ($164,695.27) as follows:

FROM:
8811-10400 CAPITAL STABILIZATION $164,695.27
TOTAL: $164,695.27
TO:
16503-58000 PARKS-CAPITAL OUTLAY EQUIPMENT $164,695.27
TOTAL: $164,695.27

51. MCGIVERIN — 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

52. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, TWENTY NINE THOUSAND TWO HUNDRED SIX AND 50/100 Dollars ($29,206.50) as follows:

FROM:
12101-51105 SERGEANTS $13,990.88
12101-51107 PATROLMEN 15,215.62
TOTAL: $29,206.50
TO:
12101-51180 INJURED ON DUTY (PAYROLL 10/14/2023) $29,206.50
TOTAL: $29,206.50

53. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, TWENTY SEVEN THOUSAND SIX HUNDRED EIGHTY EIGHT AND 78/100 Dollars ($27,688.78) as follows:

FROM:
12101-51105 SERGEANTS $13,990.88
12101-51107 PATROLMEN 13,697.90
TOTAL: $27,688.78
TO:
12101-51180 INJURED ON DUTY (PAYROLL 10/28/2023) $27,688.78
TOTAL: $27,688.78

54. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, TWENTY SIX THOUSAND NINE HUNDRED FORTY EIGHT AND 30/100 Dollars ($26,948.30) as follows:

FROM:
12101-51105 SERGEANTS $13,990.88
12101-51107 PATROLMEN 12,957.42
TOTAL: $26,948.30
TO:
12101-51180 INJURED ON DUTY (PAYROLL 11/11/2023) $26,948.30
TOTAL: $26,948.30

55. MCGIVERIN — to use $3,180,000 (3 million one hundred eighty thousand and 00/100 dollars) of the ARPA revenue loss as a funding source to the FY2024 budget.

56. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “2023 COMMUNITY PLANNING GRANT, $200,000, 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.

LATE FILED ORDERS AND COMMUNICATIONS

A. BARTLEY, PUELLO — Ordered, (Forgotten by Clerks Office) The DGR committee meet with city officials responsible for managing our parking enforcement staff. The staff has been repeatedly threatened with physical violence and subject to beratement from the public and have privately paid for body cameras.  Send a communication advising the council of policies and procedures to ensure employee safety in advance of the subcommittee meeting.
*Added November 21, 2023, 12:36 PM

B. MCGEE — Ordered, Order that a Tree be planted out front of city hall near the Dwight side in order to have a Permanent tree for lighting purposes.
*Added November 21, 2023, 12:36 PM

C. VACON — Ordered, That a light be added to the crosswalk at Homestead & Sterling (like at Kane).  Drivers are not stopping when pedestrians are in the crosswalk.
*Added November 21, 2023, 12:36 PM

D. GIVNER — Ordered, Per constituent request, order to install a handicap sign for Natalia Munoz at 247 Walnut St
*Added November 21, 2023, 12:36 PM

E. MCGEE — Ordered that the City Council invite in all the newly elected Councilors-Elect.
*Added November 21, 2023, 12:36 PM

F. MCGIVERIN — Ordered, 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
*Added November 21, 2023, 3:35 PM

G. From Tanya Wdowiak, City Auditor, 2024 Updated Budget Book Summary, Page 27, 33, 35 per 11-15-2023 Finance Committee Mtg
*Added November 21, 2023, 3:35 PM

H. From Tanya Wdowiak, City Auditor, 2024 Updated Tax Recap 11-21-2023
*Added November 21, 2023, 3:35 PM

I. MCGEE — That a stipend be added to Ordinance Salary Schedule C for $10,000.00 for the duties associated with Assistant Director of Public Works.
The additional duties for the Asst Director are as outlined in city ordinance Section 2-231 which outlines several responsibilities beyond the engineering tasks assigned.
*Added November 21, 2023, 3:35 PM

Addendum:

LATE FILES FROM PREVIOUS MEETING

A. From Lisa A. Ball, letter re: Sale of 267 Elm St. (Parcel #004, Block 03, Parcel 004).

B. MURPHY-ROMBOLETTI — Ordered that the City Council approve a license agreement between the City of Holyoke and Canal Row, LLC for the use of a portion of the sidewalk located at the intersection of Race and Middle Streets for the construction of an ADA compliant ramp.

C. From Deborah Brunelle, City Assessor letter re: Certification of Values

D. From Board of Public Works, Mary L. Monahan, Chairperson letter re: FY24 Sewer Rate

E. MCGEE — That the City Council present a Proclamation to Jesus Pereira.

F. MCGIVERIN — That the City Council adjust the sewer rate according to updated operation costs and revenue projections, along with projected deficit for FY 2024.

G. MCGEE — That the DPW Commission return to reviewing and setting the Sewer Rate.

H. TALLMAN, MCGEE — That the City Council approve the adoption of Western Mass District Proposal.

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

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Jeffery Anderson-Burgos
Administrative Assistant to the City Council

Holyoke City Hall
536 Dwight St, Room 10
Holyoke, MA 01040
Regular hours 8:30 AM - 4:30 PM
Meeting days 12:00 PM - 5:00 PM
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