Holyoke City Council Meeting October 15, 2024
7:00 pm City Hall Holyoke
536 Dwight St, Holyoke 01040
Posted October 10, 2024, 3:05 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/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
Tuesday, October 15, 2024
7:00 PM
PUBLIC HEARING
1. Pole Petition 70 ELY ST
PUBLIC COMMENT
LAID ON THE TABLE
2. MAGRATH-SMITH – Ordered, that the Director of Economic Development and Planning come into the Finance Sub-Committee to discuss the use of cannabis impact fee funds and future implications for us as a city.
COMMUNICATIONS
3. From Mayor Joshua Garcia, letter appointing Mr. Jose L. Maldonado Velez of 75 Linden St to serve as a Commissioner on the Holyoke Housing Authority. Mr. Maldonado Velez will finish out the term of Ms. Gladys Lebron-Martinez which will expire on April 1, 2029.
4. From Mayor Joshua Garcia, letter appointing Ms. Leslie Ward of 356 Springfield St. #1L to serve as Interim Building Commissioner
5. From Mayor Joshua Garcia, letter regarding two grants
6. From City Clerk Brenna Murphy Leary, meeting minutes from October 1, 2024
7. From Assistant City Solicitor Jane Mantolesky, legal opinion regarding City Council Meetings
8. From Assistant City Solicitor Micahel Bissonnette, legal opinion regarding financial transfer
9. From City Council President Tessa Murphy-Romboletti- FY25 Fall Paving Update_24-10-09
10. From Admin Asst Jeffery Anderson-Burgos, executive session minutes of September 4, 2024 (to be released following review at a future executive session).
11. From City Auditor Tanya Wdowiak City of Holyoke Revene, Expenses and Fund and Budget vs Actual
PETITIONS
PRESIDENT’S REPORT
REPORTS OF COMMITTEES
12. The Committee on Ordinance to whom was referred an order That our ordinance that requires sinks in certain establishments (such as tattoo parlors, etc) be connected to city water be modified to allow for portable sinks as an option.
Recommended that the Board of Health recommendation be accepted that portable sinks are not allowed.
13. The Committee on Ordinance to whom was referred an order that a Handicap Parking Sign be installed for Daniel Canales of 95 Newton St.
Recommended that the order be adopted.
14. The Committee on Ordinance to whom was referred an order r to request the installation of a handicapped parking spot in front of 56 Mosher Street, where Mrs. Jusino resides. This request is made considering the disability challenges faced by Mrs. Jusino, who has issues accessing parking near her residences.
Recommended that the order be adopted.
15. The Committee on Ordinance to whom was referred an order hat the DPW put a handicap parking space in front of 420 Dwight Street.
Recommended that the order has been complied with.
16. The Committee on Ordinance to whom was referred an order that the Police Department be allowed to hire a Crime Analyst past the Grade 10 mid-range (which is $70,407) to $78,000.
Recommended that the order be adopted.
17. The Committee on Finance to whom was referred an order that City Council approve a scope of work change for a contract between Wistariahurst and the CPA Committee so remaining funds from a CPA project which came in under budget can be used to include plaster work in the Marble Lobby, the Great Hall, the Music Room, and the Silk Room.
Recommended that the order be adopted.
18. The Committee on Finance to whom was referred an order Memorandum of Agreement by and Between the City of Holyoke and NAGE R1-180, Clerical Union
Recommended that the order be adopted.
19. The Committee on Finance to whom was referred an order , that there be and is hereby appropriated by transfer in the fiscal year 2025, FIVE THOUSAND AND 00/100 Dollars ($5,000) as follows:
FROM:
11752-53010 CONTRACTED SERVICES $5,000
TOTAL: $5,000
TO:
11751-51112 LICENSING AGENT $5,000
TOTAL: $5,000
Recommended that the order be adopted.
20. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2025, FIFTY THOUSAND AND 00/100 Dollars ($50,000) as follows:
FROM:
12941-51104 PAY-TREE CLIMBER $50,000
TOTAL: $50,000
TO:
12942-53010 CONTRACT FORESTRY SERVICES $50,000
TOTAL: $50,000
Recommended that the order be adopted.
21. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2025, ONE HUNDRED NINETY TWO THOUSAND FIVE HUNDRED AND 00/100 Dollars ($192,500) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $192,500
TOTAL: $192,500
TO:
14223-58001 CAPITAL OUTLAY-FUEL DEPOT $192,500
TOTAL: $192,500
Recommended that the order be adopted.
22. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2025, ONE HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($150,000) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $150,000
TOTAL: $150,000
TO:
13003-58000 SCHOOLS-CAPITAL OUTLAY $150,000
TOTAL: $150,000
Recommended that the order be adopted.
23. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2025, ONE HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($150,000) as follows:
FROM:
8810-10400 CITY GENERAL STABILIZATION $150,000
TOTAL: $150,000
TO:
13003-58000 SCHOOLS-CAPITAL OUTLAY $150,000
TOTAL: $150,000
Recommended that the order be denied.
24. 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 “COMMUNITY COMPACT GRANT- SPEED MANAGEMENT PLAN, $50,000, 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.
Sec 2-509 – Grant Reporting
Any city department, of which has received grant funding by approval of the city council pursuant to Massachusetts General Laws, or any other authorizing criteria, shall within a reasonable period of time, but no later than 60 days from the conclusion of said grant, generate a detailed report which outlines the planned outcomes with the documented actual results. Said report shall be submitted to the city clerk for addition to the city council’s next agenda.
Recommended that the order be adopted.
25. The Committee on Finance to whom was referred an order that Holyoke accept the local option excise tax on retail marijuana for adult use of 3% as allowed by State Law.
Recommended that the order has been complied with.
26. The Committee on Joint Committee of City Council and School to whom was referred an order that the School Department provides a Crossing Guard at the corner of South Bridge St and Sargent St. To protect the children and families crossing the street. Coming to and from Morgan School this is a very dangerous situation that needs immediate attention.
Awaiting disposition
27. The Committee on Joint Committee of City Council and School to whom was referred an order the School Department, the School Committee, the Receiver and Mayor present a plan for the future of Metcalf School. I’d like to hear long-terms plans as well as temporary ones. I would like the district to consider the City continue using the school in its current purpose: as a learning institution. If not in the plan, then let’s consider it as the headquarters of the School Department. Should a committee be formed? What plans are being discussed? The building, erected 1911, is iconic and should be preserved and, if needed, rehabilitated and repurposed for City uses. Refer to HPS, Receiver, Mayor and Joint Committee.
Awaiting disposition
28. The Committee on Joint Committee of City Council and School to whom was referred an order that the School Receiver and Father Albert be invited to the Joint Committee of the City Council to discuss the status of the school breakfast and lunch program in Holyoke. If they cannot attend please send the City Council a letter to let us know if the concerns about the parochial school children losing their breakfast and lunch has been resolved satisfactorily or if the matter is still unresolved from their perspective and the children might still lose out. Please keep us posted until resolved.
Awaiting disposition
29. The Committee on Joint Committee of City Council and School to whom was referred an order Holyoke Teachers Association – Letter regarding process to hire superintendent
Awaiting disposition
30. The Committee on Joint Committee of City Council and School to whom was referred an order – The administrative assistant add a page to the city’s web site that highlights Holyoke’s sister cities program. So far as I can tell there are sister city relationships with Salinas (Puerto Rico), Tralee (Ireland) and SVALYAVA (Ukraine). Receive and adopt. Copy Joint Committee as an FYI as I’m hoping there could be an educational component for HPS students.
Awaiting disposition
MOTIONS, ORDERS AND RESOLUTIONS
31. Devine- Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, TWENTY NINE THOUSAND ONE HUNDRED SEVENTY ONE AND 94/100 Dollars ($29,171.94) as follows:
FROM:
12101-51105 SERGEANTS $7,135.36
12101-51107 PATROLMEN 22,036.58
TOTAL: $29,171.94
TO:
12101-51180 INJURED ON DUTY $29,171.94
TOTAL: $29,171.94
32. Devine- Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, EIGHT THOUSAND SIX HUNDRED THIRTEEN AND 60/100 Dollars ($8,613.60) as follows:
FROM:
12201-51103 CAPTAIN $3,663.90
12201-51105 FIRE FIGHTERS 4,949.70
TOTAL: $8,613.60
TO:
12201-51180 INJURED ON DUTY (PP #7) $8,613.60
TOTAL: $8,613.60
33. Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, THIRTY THREE THOUSAND AND 00/100 Dollars ($33,000) as follows:
FROM:
14101-51101 PAY-ENGINEER $19,000
14101-51105 PAY-SR CIVIL ENGINEER 14,000
TOTAL: $33,000
TO:
14102-53010 PROF ENGINEERING SERVICES $33,000
TOTAL: $33,000
34. Devine- Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2025 STATE 911 DEPARTMENT SUPPORT & INCENTIVE GRANT, $306,443, 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.
Sec 2-509 – Grant Reporting
Any city department, of which has received grant funding by approval of the city council pursuant to Massachusetts General Laws, or any other authorizing criteria, shall within a reasonable period of time, but no later than 60 days from the conclusion of said grant, generate a detailed report which outlines the planned outcomes with the documented actual results. Said report shall be submitted to the city clerk for addition to the city council’s next agenda.
35. Devine- Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “COMMUNITY COMPACT GRANT-CAPITAL IMPROVEMENT PLAN, $50,000, 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.
Sec 2-509 – Grant Reporting
Any city department, of which has received grant funding by approval of the city council pursuant to Massachusetts General Laws, or any other authorizing criteria, shall within a reasonable period of time, but no later than 60 days from the conclusion of said grant, generate a detailed report which outlines the planned outcomes with the documented actual results. Said report shall be submitted to the city clerk for addition to the city council’s next agenda.
36. Jourdain- Auditor please update our on-line filings on city website to include our audited financial statements from FY 2021 to Current and our city budgets for FY 23-25.
37. Joudain- Ordinance be created that requires the police to report all damage to city property greater than $1,000 from a motor vehicle accident to the City Council, Mayor and Law Dept. Further, that the DPW, Mayor and Law Dept have an affirmative duty to pursue collection action against the insurance carrier and/or operator or other responsible party to make the City whole for damage to city property resulting from motor vehicle accidents. City needs to have an ordinance establishing a policy in this matter to help ensure uniformity of enforcement.
38. Jourdain., Ocasio- Mayor and DPW please replace the traffic light at the corner of Main Street and Vernon Street as soon as possible. The City Council has requested it be replaced multiple times after it was hit in a traffic accident on July 1, 2022. It should not be removed because of alleged expense to replace. Mayor and Law dept please also provide us with what collection efforts including lawsuits that may have been filed against the operator who damaged the light controls to reimburse the city for the damage before any applicable statute of limitations expires. Please also advise if the city has any potential insurance coverage for this claim. Finance should meet to discuss with all parties involved.
39. Jourdain- Ordinance Sec 86-6 be updated from $200 to $1000 for consistency with state law.
40. Givner- Handicap Placard Application for Margarita Roldan of 150 Linden St.
41. Magrath-Smith- Ordered, that speed humps be placed on Old Jarvis based on the recommendation of the traffic study completed in 2008.
42. Magrath-Smith- Ordered, that the consulting City Engineer, DPW Director, and Police Chief provide an update as to traffic calming measures being taken on Bemis, including a timeline for the placement of permanent speed humps, and the number of speeding tickets taken the last two months.
43. MURPHY-ROMBOLETTI – Ordered, that the regular City Council meeting scheduled for November 5, 2024 be rescheduled for November 7, 2024 due to the election.
44. Ocasio- Order that the City replace the Traffic Light that was on Jame St and Main St. And know longer there due to car accident. Safety issue kids walking to and from Dean Tech,cars speeding.
45. Ocasio- Order that the City put 2 speed humps before and after that blind turn were the 11yr old girl got hit ASAP
46. Ocaiso- Order that the City finish the rest of the sidewalk missing in front of the Dealship before Dean Tech. Dangerous kids walking on road to school.
47. Ocasio- Order that the City provide a Crossing Gaurd at Dean Tech to make sure kids are Crossings Safety.
48. Ocasio- Order that the City put up signs saying slow down children walking or crossing.
49. Ocasio- Order that the City put up Speed Limit sign from Dean Tech to James St.
50. Rivera, J.-Order that Vcare on High Street be allocated an additional parking spot. This request is necessitated by the increase in participants and the operation of two vans for transportation. Many of these participants are elderly individuals who rely on wheelchairs, electric scooters, and walkers. This action is essential to ensure their safety and accessibility.
51. Rivera, J.- Request for School Zone Designation and Traffic Safety Measures on Race St. The new location of LightHouse Holyoke at 92 Race St. has raised safety concerns due to high traffic speeds; the Department of Public Works has indicated that the area needs to be designated as a school zone to improve safety; requests the designation of Race St. near 92 Race St. as a school zone; Request the installation of temporary “SLOW DOWN” signs in the area to enhance safety while the designation is processed.
52. Vacon- ORDER: Due to the needed removal of the raised crosswalks on Homestead Ave. that our DPW/Engineer recommend traffic calming measures that are acceptable for that roadway.
LATE FILED ORDERS AND COMMUNICATIONS
53. Rivera, I.- Order that the city treasurer/ auditor list all the revolving accounts the city has and break down their purpose, how much money they collect annually, what is the money being spent on, and how much is currently in each account. I file this order for the sake of transparency and giving the public a better understanding of municipal finances.
*Added October 15, 2024, 12:40 PM
54. Devine, Rivera, J.-ORDERED: That the Mayor issue an Executive Order temporarily suspending all fines related to 110.7 Periodic Inspection of the MA State Building Codes for a 6 month period until all records have been completely reviewed by the Building and Law Departments.
Further ordered that all current fines already paid should be rescinded or held in escrow until all records have been reviewed by the Building and Law Departments.
*Added October 15, 2024, 12:40 PM
55. Bartley- A moratorium be established granting Holyoke’s multi-family property owners, as defined by 780 CMR 110.7, as amended and effective 10/11/24, more time to come into compliance with MA STATE BUILDING CODE regulations. In terms of rollout, the city’s building commission, seems to have imposed an unrealistic two-month turnaround for the hundreds of property owners impacted. Note that the Building Commission, for unexplained reason(s), admittedly dropped the ball on this regulation for decades. Thus, a moratorium of 18-36 months be established to allow property owners a realistic time to hire the appropriate professionals, make necessary improvements, and then contact the Building Commission for an inspection. During said moratorium, no fines shall accrue and any fines previously imposed will be rescinded. Property owners are nevertheless obligated to complete the requirements and to timely respond to the Building Commissioner during this moratorium. For authority to create a moratorium see M.G.L. chapter 143, §§3, 3A.
*Added October 15, 2024, 12:40 PM
56. Bartley- As a compendium to the moratorium, an ad hoc committee comprised of representatives from the Building Commission and multi-family owners and the city council be immediately formed. The building committee shall be charged with effectively and efficiently implementing the certificate of inspection requirements and ensuring that it is more efficiently complied with after this initial roll out. Note that as properties change hands and staffing resources change and institutional memory fades this committee will make sure Holyoke doesn’t face a similar issue in the future. For authority to create an ad hoc committee see M.G.L. chapter 143, §§3, 3A.
*Added October 15, 2024, 12:40 PM
LATE FILES FROM PREVIOUS MEETING
DEVINE, RIVERA, J. – ORDERED that the DPW Director, DPW Board of Commissioners and Interim Engineer appear before the Finance Committee to give the status of identifying public and private ways and non accepted streets and the next steps necessary in addressing the funding needed to hire a consultant to do an inventory of these streets with recommendations to the Mayor, City Council and DPW Director and DPW Board.
DEVINE, MAGRATH-SMITH – that the Commonwealth of Massachusetts repair and blacktop Old Bassett Road as according to Assessors office, the Commonwealth owns this road. Item #45 should be given leave to withdraw as this is not an accepted city road but rather owned by the Commonwealth of Massachusetts.
MURPHY-ROMBOLETTI – Order that the Police Department be allowed to hire a Crime Analyst past the Grade 10 mid-range (which is $70,407) to $78,000.
From David Weinberg, communication regarding MiFA/Victory Theater financial information.