Holyoke City Council Meeting October 18, 2022

Status updates for orders

El Consejo Municipal 18 de Octubre 2022

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/83671497990?pwd=bHZVdk5vV3QvdFZsODlFRkE2RzVZQT09
Meeting ID: 836 7149 7990 Meeting Passcode: 308475 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
October 18,2022

LAID ON THE TABLE

1. The Committee on Ordinance to whom was referred an order that following the adoption of a resolution in support of the district, that the Ordinance Committee work with the mayor and the appropriate city and state departments to adopt an ordinance creating a Puerto Rican Cultural District within the City of Holyoke. Recommended that the order be adopted.

2. The Committee on Ordinance to whom was referred an order Zone change application from DR to BH for Daniel Laflamme at 41 Temple St (085-00-012) to operate a truck repair shop in a district zoned DR so that the business can be conforming. Recommended that the order be adopted.

PUBLIC COMMENT

COMMUNICATIONS

3. From Mayor Joshua A. Garcia letter appointing Joseph Charles Mazzola, 332 Pleasant St. to serve as a member of the Local Historic Commission for the City of Holyoke: Mr. Mazzola will serve a three year term; said term will expire October 1, 2024.

4. From Tanya Wdowiak, City Auditor, Supplemental Budget FY2023 Council Appropriations.

5. From Tanya Wdowiak, City Auditor, YTD Reports for General Fund and Sewer 2023.

6. From Brenna Murphy McGee, MMC & Jeffery Anderson-Burgos, Admin. Ass’t. To City Council minutes of October 4, 2022.

7. Petition for Speed Humps for Laurel Street.

8. Petition from Holyoke Citizens requesting a public meeting to discuss the conditions of our rental units and the increased rents impacting our community.

9. From Board of Appeals regular and public hearing minutes of July 26, August 21, 2018 & October 28 , November 18, 2021.

10. Board of Appeals public hearing minutes for Kevin Flynn, 5 Lindor Heights from July 26, August 21 & September 19, 2018.

11. From Board of Appeals Public hearing minutes for David Urbanski, 53 Roland St. from October 28, and November 18, 2021.

12. From Board of Appeals Public Hearing Minutes for Patrick Sullivan, 555 West Cherry St. for July 26, August 21, 2018.

PETITIONS

13. Petition for a special permit for Valley Opportunity Council Inc. to extend and alter a pre-existing nonconforming structure at 348 Chestnut/48-52 Franklin Sts.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

14. Ordinance Committee Reports (if any)

15. Finance Committee Reports (if any)

15A. The Committee on Finance to whom was referred an order From Mayor Joshua A. Garcia, letter electing to contract Cataldo Ambulance Service Inc. of Somerville, Mass., for Emergency Ambulance Services in Holyoke. The effective date of separation from Action Ambulance Service Inc, is October 1, 2022 Awaiting disposition

15B. The Committee on Finance to whom was referred an order From Tanya Wdowiak, City Auditor, Purchase Agreement for Police Cruisers, Lease Schedule No 1 and Master lease purchase agreement Awaiting disposition

15C. The Committee on Finance to whom was referred an order Memorandum of Agreement Between City of Holyoke and the Professional Supervisors Union (PSA), and Damian Cote, employed as the Building Commissioner effective July 1, 2022 to June 30, 2023 Awaiting disposition

15D. The Committee on Finance to whom was referred an order Memorandum of Agreement between the City of Holyoke and Professional Supervisors Union (PSA) to add Zoning Official Position effective July 1, 2022 – June 30, 2023 Awaiting disposition

15E. 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 “FY2023 MUNICIPAL ROAD SAFETY PROGRAM, $35,000, 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 Awaiting disposition

15F. 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 “GREENING THE GATEWAY CITIES IMPLEMENTATION, $100,000, 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 Awaiting disposition

15G. 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 “GREENING THE GATEWAY CITIES PARTNERSHIP, $20,000, 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 Awaiting disposition

15H. The Committee on Finance to whom was referred an order that the amount of NINE THOUSAND SEVEN HUNDRED FIVE AND 00/100 Dollars ($9,705.00) be authorized from the IT Department’s PROFESSIONAL CONSULTING (11552-53010), TWENTY THOUSAND FOUR HUNDRED FIFTY SEVEN AND 00/100 Dollars ($) be authorized from the POLICE/FIRE NETWORK ADMINISTRATION (11552-53020) appropriation in fiscal year 2023 for services rendered in fiscal year 2022 which were unencumbered at the 2022 fiscal year end. Awaiting disposition

15I. The Committee on Finance to whom was referred an order that the Treasurer and Flynn Financial please appear before the Finance Committee to discuss how our Stabilization Funds are being invested. The City Council would also like to receive quarterly financial statements on these investments going forward. In advance of the meeting, please provide us the financial statements for the period July 1, 2019-June 30, 2022 so we can be prepared for the meeting and our discussion. Please also provide us any applicable regulations or rules from the state related to how Stabilization funds may be invested Awaiting disposition

15J. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, SEVEN THOUSAND AND 00/100 Dollars ($7,000.00) as follows:
FROM:
12401-51201 PAY PROPERTY MAINT/DEMO SUPER $7,000.00
TOTAL: $7,000.00
TO:
12401-51101 PAY-BUILDING COMMISSIONER $7,000.00
TOTAL: $7,000.00 Awaiting disposition

15K. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, SIXTY TWO THOUSAND AND 00/100 Dollars ($62,000) as follows:
FROM:
12401-51110 PAY LOCAL BUILDING INSPECTOR $55,000
12401-51201 PAY PROPERTY MAINT/DEMO SUPER 7,000
TOTAL: $62,000
TO:
12401-XXXXX PAY-ZONING OFFICER (NEW) $55,000
12401-51101 PAY-BUILDING COMMISSIONER 7,000
TOTAL: $62,000 Awaiting disposition

15L. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, TEN THOUSAND AND 00/100 Dollars ($10,000.00) as follows:
FROM:
12401-51110 PAY-LOCAL INSPECTOR $10,000.00
TOTAL: $10,000.00
TO:
12401-51110 OTHER CONTRACTED SERVICES $10,000.00
TOTAL: $10,000.00 Awaiting disposition

15M. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY FIVE HUNDRED AND 00/100 Dollars ($2,500.00) as follows:
FROM:
11522-52400 R&M OFFICE EQUIPMENT $2,500.00
TOTAL: $2,500.00|
TO:
11522-53010 PROF SERV – EMPLOYEE TRAINING $1,000.00
11522-53180 SYSTEMS HARDWARE 1,500.00
TOTAL: $2,500.00 Awaiting disposition

16. Public Safety Committee Reports (if any)

17. Public Service Committee Reports (if any)

17A. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Julia Santiago, 51 Longwood Ave. to serve as a member on the Library Board of Directors for the City of Holyoke: Ms. Santiago will replace Ms. Kelly Curran and will serve the remainder term; said term will expire on February 2025 Recommended that the appointment be confirmed

17B. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Lizabeth Rodriguez, 193 Brown Ave. to serve as a member of the Historical Commission for the City of Holyoke: Ms. Rodriguez will replace Ms Frances Welson and will serve Ms. Welson’s remainder term; said term will expire on April 16, 2024 Recommended that the appointment be confirmed

17C. The Committee on Public Service to whom was referred an order that the City Council adopt the attached resolution “Back from the Brink” Recommended that the order be adopted.

17D. The Committee on Public Service to whom was referred an order that the City Council receive and adopt the HG&E resolution to support the installation of the 5th gas tank of the LNG project. Recommended that the order be adopted.

17E. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Mr. Jesus Espinosa, 79 Lynch Dr. to serve as a Commissioner of the Soldier’s Memorial for the City of Holyoke: Mr. Espinosa will replace Mr. Robert K. MacKay and will serve the remainder of his term: said term will expire on September 30, 2023 Recommended that the order be given a leave to withdraw

17F. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Gabriela Alcantara Pohls, 589 Pleasant St. 4R, to serve as a member of the Historical Commission for the City of Holyoke: Ms. Alcantara Pohls will replace Mr. Harry Montalvo and will serve Mr. Montalvo’s remainder term; said term will expire on October 1, 2023 Recommended that the order be given a leave to withdraw

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

19. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

21. MCGEE — Order that the city engineer provide the final locations for speed bumps on Bemis.

22. MCGEE — Order that the police radar sign be placed at Bemis

23. MCGEE — Order that the legal department give an update on the Essex building.

24. MCGEE — Order the city council give a proclamation to Superintendent Soto.
“selected as Puerto Rican of the Year for 2022.”

25. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY SIX THOUSAND SIX HUNDRED SEVENTY ONE AND 69/100 Dollars ($26,671.69) as follows:

FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 8,404.75
12101-51107 PATROLMEN 14,383.72
TOTAL: $26,671.69
TO:
12101-51180 INJURED ON DUTY $26,671.69
TOTAL: $26,671.69

26. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “MASSACHUSETTS PRESERVATION PROJECTS FUND-STAINED GLASS WINDOW CONSERVATION, ADDITIONAL $20,000, 50% MATCH (CPA FUNDED)” 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.

27. PUELLO — That the Chief of Police please provide a narrative describing what happened to the previous, gray Ford Taurus mayoral issued vehicle. Please include any cost/insurance payouts to other parties and a current city vehicle use policy.

28. PUELLO, VACON — That all councilors update their current addresses with the administrator, that appear on the website. That the legal department please give their interpretation of section 9 “….the voters of the city at large shall elect eight councilors at large and the voters of each ward shall elect one councilor who shall be a resident therein.” is a council seat vacated if a ward councilor is no longer a resident therein?

29. PUELLO, VACON — That the legal department please give their interpretation of section 46 and provide an opinion on. “The conviction of the incumbent of any such office of a crime punishable by imprisonment shall operate to create a vacancy in the office held by him.” Does this apply to convictions on incumbents prior to taking office?

30. PUELLO, VACON — That recall provisions be established for every elected official in the city. These provisions should be fair and equitable to allow citizens a path to recall but
also protect the system from nuisances.

31. PUELLO — That a flashing beacon signal be installed by the Fire dept. at Springdale and Main for pedestrians crossing into the park. This will provide a fix as we await the results of a traffic study to address the traffic light. Fire already has them available and this would have zero cost on the city as Fire install themselves. Fire has been excellent in dealing with this issue.

32. RIVERA_I — That the city  explore using cannabis impact fee funds to improve sidewalks on the following streets: Main Street, North Bridge St., Lyman Street,  and center St.

33. RIVERA_I — That the city engineer and or DPW add Willow st in the list of sidewalks to be redone.

34. RIVERA_I — That the city engineer and or dpw add gates st.  on the list of sidewalks to be redone.

35. RIVERA_I — That the city engineer and or DPW add St. Jerome Street to the list of sidewalks to be redone.

36. RIVERA_I — That the parks and recreation and DPW give us an update on the project and remodeling of Springdale Park.

37. RIVERA_I — That the police department provide an update on what steps and systems are being put in place to ensure that shot spotter will work effectively and efficiently when the new technologies installed.

38. RIVERA_I — That the disabilities commission come into public safety and explain the process of a resident applying for a handicap space, as well as how the spaces are identified to the particular resident that was granted the space.

39. VACON — modify rule 6D to add. The use of profanity is prohibited and a member will no longer be permitted to speak on the question under debate when a member uses profane language.

40. BARTLEY — The DPW,  Mayor, and any relevant city official apprise city council on the city’s recycling program.  Please provide any data including costs paid by Holyoke and recycling tonnage diverted from the landfill.  Please send a communication to the clerk within the next 60 days.

41. BARTLEY — The DPW,  Mayor, and any relevant city officials apprise city council on Holyoke’s solid waste (trash) disposal efforts.  Please provide data including tonnage disposed and disposal costs. Please send a communication to the clerk within the next 60 days.

42. GIVNER — With Community support, Order to increase trash can minimum to 50 gallons for municipal pickup service, as our DPW accommodates piles of trash bags en lieu of required current 35 gallon size. This in an effort to increase can use participation in order to mitigate the health hazards of torn and rummaged through piled bags for pickup.
-To Ordinance; copy to Health dept; copy to DPW

43. JOURDAIN — Ordered, that the DPW please provide the City Council a copy of our current agreement for the receipt of our recycling materials with the Materials Recycling Facility (MRF)?  Please also provide the City Council with the statistical data on our recycling program.  How much recycling plastics/glass/metal vs paper in CY 2018, CY 2019, CY 2020, and CY 2021 has the city received in and recycled with the MRF during these time periods.   Please also provide these statistics for any of our recycling that has been brought to places other than the MRF such as another vendor, straight into the landfill as trash, or other possibilities if any? Please provide us the statistics of regular trash we have collected during these time periods by way of comparison to see what percentage recycle is vs the total volume of all collections.  Please provide these reports the City Council and come in to City Council and discuss the current state of the city’s recycling program.

44. MALDONADO-VELEZ, GIVNER — Ordered that the City Council add a Section for Battery Storage Facilities to the Zoning Ordinance (Section TBD) to reflect technology advancements and future need for such installations; new facilities will be reviewed through Section 10.0, Major Site Plan Review.

Addendum:

LATE FILES FROM PREVIOUS MEETING

A. Decision and order on Mr. Puello-Mota’s Motion for Preliminary Injunction

B. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY FIVE HUNDRED AND 00/100 Dollars ($2,500.00) as follows:
FROM:
11522-52400      R&M OFFICE EQUIPMENT                    $2,500.00
TOTAL: $2,500.00|
TO:
11522-53010      PROF SERV – EMPLOYEE TRAINING                $1,000.00
11522-53180      SYSTEMS HARDWARE                        1,500.00
TOTAL: $2,500.00

C. RIVERA_I — Order that city engineer & DPW repaint or find a way to create a more visible lining or signage for the walkway directly in front of 334 Elm St. There is day care as well after school programming run by the Boys & Girls club. Parents, residents and employees have been reaching out requesting something be done.

D. RIVERA_I — Order that the city engineer & DPW explore converting Samosett St. into a one way, bus lines for Kelly school be painted, and that parking be for one side of the street being that other is comprised of driveways.

E. VACON — Ordered, that we seek authorization from the Cannabis Commission to have local inspections of large cultivation facilities completed by our local Board of Health to ensure compliance with health & safety regulations for workers. This is filed upon learning (today 10/3/22) of the death of a person working for Trulieve.

F. MCGEE — Ordered that the City Council receive and adopt the HG & E Resolution in supporting the install of the 5th tank.

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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