Holyoke City Council Meeting October 19, 2021

Item 4 – Reappointment letter for Thomas Creed to serve as a member of the Holyoke Redevelopment Authority

Item 5 – 10-5-21 City Council Meeting Minutes

Item 6 – Division of Local Services letter regarding Sewer rate Relief Fund-FY2022

Item 7 – Speed hump petition from citizens for Moss Ave

Late File A. Legal Opinion regarding charter change for City Council approval of mayoral appointments

REGULAR MEETING OF THE CITY COUNCIL
October 19,2021

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

The Clerk called the roll. Absent members: 2 (Hernandez, Lebron-Martinez) Present Members 11 (Anderson-Burgos, Bartley, Greaney, Leahy, Lisi, McGee, McGiverin, Murphy, Sullivan, Tallman, Vacon)..

The name of Councilor McGee was drawn to head the roll call voting.

The Pledge of Allegiance was recited.
President McGee noted that Lisi stated she would not be in attendance for the meeting. He then recognized Admin Asst Jeffery Anderson-Burgos for completing the Detroit Marathon the previous weekend.

LAID ON THE TABLE

Motion was made and seconded to remove item 1 from the table

The Committee on Charter and Rules to whom was referred an order Holyoke amend its charter to provide for city council confirmation of all new mayoral appointments to the board of public works and the fire commission. Further, the charter be amended to provide for city council confirmation on any current appointees at the time of reconfirmation. Moreover, the Charter and Rules committee and the acting Mayor consider whether to allow a nominee to either or both boards to be appointed directly by the City Council as well as consider any other related actions. Recommended that the order be adopted as amended, striking out all language except “that Holyoke amend its charter to provide for city council confirmation of all new mayoral appointments”, pending legal review.

UNDER DISCUSSION:

Councilor Vacon stated that the legal opinion had come in clarifying the method required for changing the charter. She stated it was her understanding that the opinion would allow the Council to advance the item through a vote of the City Council. She then clarified that the order had been amended to leave just the language stating, “that Holyoke amend its charter to provide for city council confirmation of all new mayoral appointments.”

Councilor McGiverin stated that while he understood the intent of the order, he did not intend to support the order. He then noted that the charter was unique, giving the Council the authority to appoint some positions that would be unique to appoint, such as the Auditor, the Tax Collector, and the Assessor. He then suggested that there had been deliberations in crafting the charter in placing some appointments under the purview of the Mayor. He stated his intent was to honor the spirit of the crafters of the charter.

Councilor Murphy expressed his support for the order, emphasizing that Council appointment provides information, feedback, and a sense of neutrality because appointees would be more responsive to City Council concerns.

Councilor Greaney expressed his support, noting the change would support transparency.

—> In City Council, on October 19, 2021, the report of Committee was received and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).

 

Councilor Bartley expressed his intent to leave the matter tabled, noting there was a remaining matter to be worked out between the petitioner and the Law Department.

The Committee on Development and Governmental Relations to whom was referred an order License Agreement between City of Holyoke and Edward A. Owen Recommended that the order has been adopted.

—> Laid on the table.

 

The Committee on Ordinance to whom was referred an order that That city council thru the appropriate committee consider a drop & pick up for 2 parking spots for the van that will pick & drop off the participants that attend the Vcare Adult at the addresses 200-210 High Street This program serve a population of 60 and older and is necessary to assure their safety. Enclosed letter of company request. Recommended that the order be adopted.

—> Laid on the table.

 

PUBLIC COMMENT

 

COMMUNICATIONS

(8:35)

From Terence Murphy, Acting Mayor letter re-appointing Mr. Thomas Creed, 2 Pheasant Dr. as a member of the Holyoke Redevelopment Authority; Mr. Creed will serve a five year term; said term will expire on November 1, 2026.

Councilor Leahy stated he had known Mr. Creed for a long time and respected his expertise.

—> Received and appointment confirmed.

 

From Brenna Murphy McGee, MMC and Jeffery Anderson-Burgos, Admin. Ass’t. to City Council minutes of October 5, 2021.

—> Received and adopted.

 

From Division of Local Services, regarding Sewer rate Relief Fund-FY2022.

Councilor Murphy stated that after hearing from the City Engineer, it did not appear the city would be eligible for this program because of other funding the city had received.

—> Received and referred to the Finance Committee.

 

PETITIONS

(10:45)

Motion was made and seconded to suspend the necessary rules and take items 7 & 16 as a package

Petition for Speed Hump from citizens for Moss Ave.

—> Received and referred to the Ordinance Committee.

 

BARTLEY Ordered, that That speed humps be placed on Moss Ave.

—> Received and referred to the Ordinance Committee.

 

PRESIDENT’S REPORT

(12:50)

President McGee congratulated Councilor McGiverin and his family on the engagement of his daughter, Brenda.
He also stated that there would be two late files in order to cover the invoice for the Council pictures from the previous term as well as to schedule a new session for the current term. He added that the new session would likely be scheduled in November or December.
He observed there had been an event for the flag raising of the Puerto Rican flag, attended by many current and former councilors, and other city and community leaders.
He stated that there was a late file to hold a meeting of the Joint Committee of the City Council and School Committee in order to get updates on the MSBA process.
He noted that with the election coming, the next time the Council meets would be after the new mayor takes office. He then commended Councilor Murphy for all that he had done while serving as Acting Mayor.

Councilor Greaney asked for a moment of silence in honor of General Colon Powell.

A moment of silence was observed for General Colon Powell, who had passed the day before.

Councilor Murphy stated that the public television production had been filming in the city, including taking pictures of City Hall, the Volleyball Hall of Fame, and the Children’s Museum. He stated they interviewed several people, and filmed several outdoor natural and recreational areas. He expressed the expectation the final production would begin airing the following February.
He then stated that the Fire Department was utilizing community development funds to run a Knox Box program, primarily for seniors and those with disabilities, to fund 150 boxes that would be installed at homes for free so that public safety officers could access homes and information in the event of emergencies.

Councilor Leahy asked what the cost was.

Councilor Murphy stated that each box would be $160. He noted that many seniors had asked for them but could not afford them on their own.
He then stated that he met with the new director of the Wisteriahurst and held a press conference. He also noted that the museum had enjoyed an increase of new visitors. He emphasized the benefit of promoting Holyoke on a regular basis.

Councilor Bartley recalled having attended an event at the Volleyball Hall of Fame to induct new members. He expressed that the event had been impressive and should be grown every year.

Motion was made and seconded to suspend the necessary rules to take up late files D and E out of order as a package.

MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2022, FOUR THOUSAND FIVE HUNDRED NINETY AND 00/100 Dollars ($4,590.00) as follows:
FROM:
11121-51201 PAY-CITY COUNCIL $3.330.00
11461-51106 PAY-SR DEPUTY TAX COLLECTOR 1,260
TOTAL: $4,590.00
TO:
11122-53010 PROFESSIONAL SERVICES $4,590.00
TOTAL:
$4,590.00

—> Passed two readings and Adopted on a call of the roll of the yeas and nays. Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).

 

MCGIVERIN — Ordered, that the amount of TWO THOUSAND AND NINETY AND 00/100 Dollars ($2,090.00) be authorized from the CITY COUNCIL Department’s PROFESSIONAL SERVICES (11122-53010) appropriation in fiscal year 2022 for services rendered in fiscal year 2021 which were unencumbered at the 2021 fiscal year end.

UNDER DISCUSSION:

Councilor Murphy expressed his understanding that the $4,590 would cover both bills. He then asked where the $2,090 was being transferred from.

President McGee clarified that the first order was a transfer, and that the second order was to approve payment of the previous invoice because it was from a prior fiscal year.

Councilor Bartley noted that the normal process would be to have an in depth discussion as to why an old bill did not get paid.

President McGee stated that funds had been transferred from the line item that normally covers the pictures two sessions prior. He then noted that the Council requested funds be returned, which covered the invoice for one session. He added that there still was an outstanding bill yet to be paid.

Councilor Bartley asked if a vote had been taken on the transfer.

President McGee stated it had been prior to the requirement to vote on the transfer.

Councilor Bartley asked who could have initiated the transfer.

President McGee stated it had been the former mayor.

—> Passed two readings and Adopted on a call of the roll of the yeas and nays. Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).

 

REPORTS OF COMMITTEES

(27:25)

President McGee stated that the Ordinance Committee items lacked legal forms.

Motion was made and seconded to suspend the necessary rules to allow the Law Department to address the Council.

Atty Degnan stated that there had been a request from the Admin Asst for legal form for item 8C, adding that she had not been working on the items but would plan to do so.

Councilor Bartley asked who was expected to work on these items.

Atty Bissonnette attempted to speak but was interrupted by audio issues.

Councilor Bartley asked when the legal forms would be available.

Atty Bissonnette stated they would be available at the next meeting.

The Committee on Ordinance to whom was referred an order Petition from residents on Michigan Ave. for speed bumps
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 laid on the table.

 

The Committee on Ordinance to whom was referred an order that section 4.6.3.2 be amended to allow for increased fence heights by special permit.
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 laid on the table.

 

The Committee on Ordinance to whom was referred an order Updating to the Holyoke ordinances of Uses – Defining restaurant adding to SEC 2 Under Appendix A
Restaurant – a business establishment where meals or refreshments may be purchased

Restaurant Sit down: A building, or portion thereof, containing tables and/or booths for at least two-thirds of its legal capacity, which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term “restaurant sit down” shall not include “fast food establishments” but may also include “drive in – or take out” and food delivery services.

Restaurant, drive-in or take-out: Premises and building for the sale, dispensing, or serving of food, refreshments, or beverages. for Consumption in vehicles temporarily parked on the premises, or at tables, benches, counters and the like the majority of which are out-of-doors; or for consumption off the premises, may also offer drive-in or take-out and food delivery services.

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 laid on the table.

 

The Committee on Ordinance to whom was referred an order Zone Change Application for Ivan Troshchiy to change from RA to RO at 405 Ingleside Street to rezone in a manner consistent with development patterns in the area.
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 laid on the table.

 

(31:30)

The Committee on Finance to whom was referred an order Petition for Secure Transportation Inc. for a livery license vehicle garaged at 337 High St
(Recommended by the Mayor)

have considered the same and Recommended that the order be adopted, with the following requirements:
1. Is hired on a prearranged basis with a minimum of 12 hours’ notice;
2. Does not pick up hail fares on the street;
3. Does not contain a rate meter, and does not charge for services based upon miles traveled if the trip is less than 25 miles;
4. Is operated by the named insured, an employee, or an independent contractor of the named insured, in attendance as a chauffeur;
5. Primary form of payment shall be by check or credit card or by U.S. mail billing system;
6. Operates from a home base (fixed address). All vehicles will have two-way communication with its home base.

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

UNDER DISCUSSION:

Councilor McGiverin stated that the license was not for taxi cabs, noting the listed requirements. He added that the service would be for pre-arranged pickups from one location to another. He stated that the home base may be temporary while they search for a permanent location. He then noted that he spoke with the police chief about inspections who stated that inspections had been done in past years because there had been many cars and they had to assure cars were registered properly. He then stated that this vehicle had passed mechanical inspection and that the police chief agreed to inspect it as a formality.

Councilor Greaney noted that the applicant confirmed the van would be handicap accessible.

Councilor McGiverin noted that the home base had been listed as 337 High Street, adding that they were looking for a permanent garage. He stated that the applicant would need to update the license if the home base were to change prior to renewal the following May.

Councilor Tallman asked for members of the public to reach out to the applicant if they could provide a location for garaging the vehicle.

—> Report of Committee received and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Anderson-Burgos, Hernandez, Lisi).
Approved by the Mayor.

 

Motion was made and seconded to suspend the necessary rules and take items 9B & 9G as a package

The Committee on Finance to whom was referred an order Settlement Agreement by and between the City of Holyoke and Local Union No 1693, International Association of Firefighters AFL-CIO
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

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).

 

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, EIGHTEEN THOUSAND ONE HUNDRED ONE DOLLARS AND 77/100 Dollars ($18,101.77) as follows:
FROM:
12201-51105 FIREFIGHTER $6,751.11
12201-51109 ASST FIRE ALARM OPERATOR 11,350.66
TOTAL: $18,101.77
TO:
12201-51101 FIRE CHIEF $4.92
12201-51103 CAPTAINS 8,076.00
12201-51104 LIEUTENANTS 9,347.46
12201-51107 SUPERVISOR-FIRE ALARMS 673.39
TOTAL: $18,101.77
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 had been signed by Acting Mayor Murphy. He noted that there had been a change to the COLA increase of 1.5% retroactive to July 2021, followed by an additional 1.5% increase in January 2022. He also noted there would be a one time rollover of the clothing allowance into the base pay. He also noted that much of the salary adjustments were already in the budget. He then stated that the Auditor confirmed that the funds were available to cover the transfer and that passage of the settlement agreement would allow the contract the be ratified.

Councilor Murphy stated that part of the negotiation related to IOD’s (Injured on Duty) and giving the Chief the opportunity to bring people back quicker. He noted that the goal was to allow people to come back at least 15 days sooner.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).

 

Motion was made and seconded to suspend the necessary rules and take items 9C &9H as a package

The Committee on Finance to whom was referred an order Settlement Agreement By and Between the City of Holyoke and NAGE R1-180, Clerical Union
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

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).

 

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, ELEVEN THOUSAND EIGHT HUNDRED FOURTEEN DOLLARS AND 00/100 Dollars ($11,814.00) as follows:
FROM:
11211-51103 AIDE TO MAYOR $11,814
TOTAL: $11,814
TO:
15101-51103 SANITARIAN II $3,319
15101-51105 HEAD CLERK 1,339
15101-51107 SANITARIAN III 1,775
15101-51109 SANITARIAN I 1,551
15101-51111 FLOATING CLERK 1,549
15101-51104 PUBLIC HEALTH NURSE 2,221
TOTAL: $11,814.00
(Recommended by the Mayor)
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 significance of the contract was with the increase of some individuals as well as the COLA increase of 2%, retroactive to July 2020 as well as July 2021. He then noted that the increases had been in the budget. He also stated that the transfer was for the increases, adjustments, and changes to the positions. He also noted that the funds were coming from an account that had become vacant in the Mayor’s office. He added that the agreement had been signed by Acting Mayor Councilor Murphy and that passage would allow ratification of the contract. He then noted that both contracts – this item as well as the firefighters union agreement – established Juneteenth as a paid holiday.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

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 ” American Rescue Plan Act of 2021, Coronavirus Local Coronavirus Local Fiscal Recovery Fund (CLFRF) County Reallocation, $7,792,257, ” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant
(Recommended by the Mayor)
have considered the same and Recommended that the order has been 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 order was for additional funds from ARPA program that had been passed through at the state level. He also noted that the funds would be divided into two annual increments, utilizing the same formula as the previous allocation relative to the disbursement process and eligibility of the funds.
Councilor Murphy stated that he may call a special meeting in order to refer a related order to the DGR Committee. He then stated that many of the applicants considered in the first round of allocation decisions had programs that could begin if they received funds from these additional funds.
Councilor Greaney expressed enthusiastic support for accepting these funds.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

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 “FFY22 MUNICIPAL ROAD SAFETY (MRS) PROGRAM, $41,650, NO MATCH” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant
(Recommended by the Mayor)
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 grant funds would be divided into four safety patrols taking place through July 1, 2022 and noted that the city had received the same grant in the past.

Councilor Tallman noted that two of the traffic trailers for radar would be upgraded through these funds.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

The Committee on Finance to whom was referred an order that the sum of $1,918,200 is appropriated to pay the costs of infrastructure improvements for the following City of Holyoke vicinities: replacement of Roberts Field running track, sidewalk resurfacing and improvements in the areas of Brown Avenue, Westfield Road, Clark Street, Gilman Street, Wycoff, Highland, Vadnais, Princeton and Jefferson, and the payment of all costs incidental and related thereto, 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 or convenient 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 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
(Recommended by the Mayor)
have considered the same and Recommended that the order has been 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 bulk of bond would be for the replacement of the track at Robert’s Field, noting it had been close to 20 years old. He noted that Holyoke was one of the few cities whose track material and design allowed for track, football, and soccer on the same area. He also stated that many of the other projects would be for improvements to infrastructure and sidewalk improvements in locations around the city. He also noted that bonds for improvements that would require work to be done again would have a shorter bonding period then the normal 20 year length. He also stated there had been questions on the city’s bonding capacity, specifically as it related to the potential plan to bond for a new school. He stated that the Treasurer had provided a communication from the city’s bond counsel explaining that the bond capacity was well within the five percent range. He also clarified that the school bond would have its own separate city debt and not impact the city’s bonding capacity.

Councilor Bartley asked if the email from the bond counsel was added a late file.

City Clerk McGee stated that the communication had been added to the committee report.

Councilor Bartley noted that the communication was important for councilors and council candidates to understand. He then quoted a section of the communication:
“that the prospective school project can be managed without a debt exclusion.”
He then noted that she talks about the importance of self-sustaining sewer operations using user fees, the importance of the city to balance the need for new infrastructure investment rather than defer needed infrastructure. He then added that she noted the low interest rates provided an opportunity to lock in debt costs at extremely favorable rates. He then quoted an additional section:
“We are happy to model the debt the City is considering authorizing over the next several years if that would aid in this discussion.”
He then emphasized the value of their input in future deliberations, adding a suggestion to file an order to invite bond counsel to a future meeting.

Councilor Tallman stated that the bond made sense to take care of many areas with infrastructure.

Councilor Murphy noted that questions related to bonding capacity always come up prior to requesting a new bond. He then stated that the list of locations had come as a result of hearing from constituents and councilors.

Councilor Vacon suggested that Homestead Avenue in the Moss and Arden areas be added as an unnamed street.
Lively discussion ensued regarding the name of the road that had been removed to build Robert’s Field.

Councilor Greaney recommended accepting the bond, noting the low interest rates.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, FOUR THOUSAND AND 00/100 Dollars ($4,000) as follows:
FROM:
16911-51101 PAY-DIRECTOR $4,000
TOTAL: $4,000
TO:
16911-51104 PAY-PROGRAM COORDINATOR $2,000
16911-51106 PAY-OFFICE ASSISTANT 2,000
TOTAL: $4,000
(Recommended by the Mayor)
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 transfer was to increase the salary of two positions, adding that the surplus in the Director’s line was due to a brief vacancy in the position. He also noted that increased activity at the museum had bene the rationale behind the increases in the salaries.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, ONE HUNDRED FORTY SEVEN THOUSAND SEVEN HUNDRED THIRTY FOUR AND 23/100 Dollars ($147,734.23) as follows:
FROM:
13002-57000 OTHER EXPENSES $147,734.23
TOTAL: $147,734.23
(Recommended by the Mayor)
have considered the same and Recommended that the order has been 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 order appeared as a transfer but was really an appropriation. He then stated that Dean Vocational closed their metal fabrication shop, leaving equipment with no planned use. He then stated that there had been an auction. He clarified that while city auction proceeds go into the general fund, the school officials had a proposal to use the funds for helping the school, including space improvements in the culinary arts kitchen, carpentry area, health center, and the career center. He added that the Auditor suggested that the only way to direct the funds for the intended uses was through this appropriation process.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, THREE THOUSAND FIVE HUNDRED AND 00/100 Dollars ($3,500) as follows:
FROM:
11521-51104 HEAD CLERK $3,500
TOTAL: $3,500
TO:
11521-51101 PERSONNEL DIRECTOR $3,500
TOTAL: $3,500
(Recommended by the Mayor)
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 had been due to a vacancy in the Head Clerk’s position. He then stated that when the contract had been negotiated, she had been started at the low end of the scale to see who she would work. He then stated that many city department had reported that she had been working out well. He then noted that the increase would reflect the work she had done in the first phase of the position.

Councilor Leahy commended the work she had been doing, noting she had provided great communication that provided better insight into opportunities for City Hall employees.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, TWENTY EIGHT THOUSAND TWO HUNDRED SIXTY AND 00/100 Dollars ($28,260) as follows:
FROM:
14301-51102 HEAVY MOTOR EQUIPMENT OPERATOR $28,260
TOTAL: $28,260
TO:
14302-53100 REFUSE – OTHER SERVICES $28,260
TOTAL: $28,260
(Recommended by the Mayor)

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 for the transfer had been due to employees that had been out. He then stated that the Refuse line item was the account used to pay temporary workers.

Councilor Leahy that he has received a copy of the resignation from DPW Director, Michael McManus. He then commended the work of Mr. McManus, noting the difficulty of running the department with aging buildings and infrastructure as well as the workforce under the department. He then asked if someone was in place to fill the role temporarily until a new director was in place.

Councilor Murphy stated that he spoke with the Board of Public Works Commission to discuss the process, adding that there had been suggestions to split up different parts of the Public Works department into their own departments.

President McGee stated as that there had not been a late file communicating the resignation, the matter could not be discussed further.

—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

The Committee on Finance to whom was referred an order From Lisa A. Ball, Acting City Solicitor, re: Opinion on Professional Supervisors Association Collective Bargaining Unit
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 stated that the communication had been received detailing the opinion clarifying when the Supervisors Association became a collective bargaining unit. He noted the history and the reason for recognition had been explained.

—> Report of Committee received and recommendation adopted.

 

The Committee on Finance to whom was referred an order that the Finance Committee or the Public Safety Committee invite in DPW to discuss the meters (safety issues, collections etc.)
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 stated that a more in depth study was taking place in the Ordinance Committee, which included looking at usage of downtown parking, meters, parking decks. He then noted that the purpose of the order was to seek reports of revenues coming in from meters, as well as reports of debts incurred from garages. He then reported that $10,000 in monthly revenue had come in from the Prue Garage. He noted while that it had been intended to offer monthly permits as well as hourly parking, it had only been allowing permit parkers. He then stated his intent to encourage the next Director to allow hourly parking at the location. He then noted issues with the Suffolk garage, specifically that the kiosk for hourly parking had issues during rain. He then stated that there were 76 broken meters throughout downtown, resulting in lost revenue. He added that there was a plan to replace the meters in process.

Councilor Bartley observed that he sought to know if the Board of Public Works had been receiving regular reports on the meters, adding that the implication was that they had not. He then expressed concern that there were so many broken meters around the city. He then referenced points made by one member of the Board, among them that meters had been added on Hampden between Chestnut and Maple, with 65 new ones being ordered, that there is a new parking enforcement officer, that they would start placing boots on repeated parking offenders, and that agendas and meeting minutes would be made available.

Councilor Sullivan asked how many of the broken meters had been due to vandalism.

Councilor McGiverin stated that this information was not available, adding that some had just gotten old. He then stated that they had been finding some meters with objects stuffed into the coin slots.

Councilor Sullivan noted that he had seen many on Appleton Street appeared to have been smashed.

Councilor McGiverin noted that those issues would be quickly attended to.

Councilor Greaney recalled that the difference between new and refurbished meters was significant.

Councilor Leahy suggested that meters should be replaced with kiosks, adding that meters were not cost effective.

President McGee asked if the committee discussed kiosks.

Councilor McGiverin stated the discussion had been brief, noting that the Ordinance Committee would likely get into that in more detail. He then noted the issue with kiosks was that they get constantly vandalized.

President McGee noted the intent of the order was to understand these issues. He added that the city faces liability with bent poles causing vehicle damage.

Councilor McGiverin noted a suggestion to expand the metered area to encourage employees to utilize parking garages.

—> Report of Committee received and recommendation adopted.

 

ORDERS AND TRANSFERS

(1:35:50)

Councilor McGiverin recalled that the Merry-Go-Round was facing revenue issues, noting it was self-sustaining and no subsidies coming in. He noted that Senator Velis and Representative Duffy had worked to secure funding for the venue to participate in the recent Doors Open event without loss.

BARTLEY Ordered, that the Hon John Velis and the Hon Patricia Duffy be invited to a DGR meeting.  Copy their respective offices and refer to committee.

—> Received and referred to the Development and Governmental Relations Committee.

 

Motion was made and seconded to suspend the necessary rules and take items 17 & 19 as a package

GREANEY, JR. Ordered, that Ordered, that the Victory Theater principals appear before the City Council to provide us with an update on the status of the Victory Theater.

—> Received and referred to the Public Service Committee.

 

LEAHY, Greaney, Jr. Ordered, that Ordered that the representatives of MIFA Victory Theater come before the Public Service subcommittee to discuss how the theater stands in funding and an expected opening date of the Theater.

—> Received and referred to the Public Service Committee.

 

GREANEY, JR., Bartley Ordered, that Ordered, that the DPW provide monthly updates to the DPW Commission on downtown parking numbers and revenues, including vehicle counts and revenues from parking tickets, and that the DPW Commission provide quarterly updates of the same to the City Council.

—> Received and adopted. Referred to the DPW Commissioners.
Approved by the Mayor.

 

LEBRON-MARTINEZ Ordered, that that a handicap sign be placed in front of 58 North Bridge St. for Marilyn Vazqyez, Placard P95360581.

—> Received and referred to the Ordinance Committee.

 

MCGEE Ordered, that Ordered, that the City Council bestow proclamations to Firefighter Michael McLain, Firefighter David McKenna, Captain Mark Bresnahan, Firefighter Juan Rodriguez, Assistant Superintendent William Dziok, and Deputy Chief Robert Shaw in honor of their years of devoted service to the Holyoke Fire Department and to the City of Holyoke.

—> Received and adopted.

 

MCGEE Ordered, that That Chapter 66 “Secondhand Goods,” Article II “Junk and secondhand dealers,” Section 66-39 “exemptions from article” be amended to add “fabric” after “automobiles.”
The purpose of the current ordinance is to prevent the resale of goods such as electronics and other collectables that may be stolen. Secondhand fabric appears to not fit within the spirit of the ordinance and the requirements of the ordinance would present unnecessarily burdensome restrictions on business owners receiving and selling second hand fabric.
The purpose of the current ordinance is to prevent the resale of goods such as electronics and other collectables that may be stolen. Secondhand fabric appears to not fit within the spirit of the ordinance and the requirements of the ordinance would present unnecessarily burdensome restrictions on business owners receiving and selling second hand fabric

—> Received and referred to the Ordinance Committee.

 

MCGEE Ordered, that Order that the tree in front of 55 Harvard be removed ASAP.

—> Received and adopted. Referred to the DPW & Forestry.
Approved by the Mayor.

 

MURPHY Ordered, that That a handicap sign be removed from the front of 580 South Summer St. placard #P03205121 the person has moved.

—> Received and referred to the Ordinance Committee.

 

VACON, Greaney, Jr. Ordered, that that a camera be placed on Homestead Avenue to be used to ticket/enforce “no truck traffic after 8PM”
Send to Public Safety

—> Received and referred to the Public Safety Committee.

 

Councilor Tallman stated that a retirement dinner was scheduled for that Thursday to honor the retiring Fire Department personnel mentioned in item 21.

Councilor Sullivan stated that he believed the date had been moved.

President McGee stated that he would confirm the date.

 

LATE FILED ORDERS & COMMUNICATIONS

BARTLEY Ordered, that Per the School Committee, refer to the Joint Committee of City Council and School Committee an order to review proposed transfer of school committee land near Dean High School which abuts Ingleside St.. and St. Vincent St.  Ask that the Joint Committee review the City Engineer’s drawings and take a vote whether to recommend approval of the transfer.

—> Received and referred to the Joint Committee of School Committee & City Council. Copy to Engineer.

 

From Kathleen E. Degnan, Esq. Assistant City Solicitor, legal opinion on procedure to change charter – Council approval on Appointments.

—> Received and referred to the Charter and Rules Committee.

 

MCGIVERIN Ordered, that Ordered that the sum of $770,000 is appropriated to pay the costs of the War Memorial roof replacement ($750,000) and the installation of speed humps within the vicinity of Michigan Avenue ($20,000) and the payment of all costs incidental and related thereto, 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 or convenient 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 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.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, October 19, 2021.

Terence Murphy, Mayor

—> Received and referred to the Finance Committee.

 

MCGIVERIN Ordered, that that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “2021 BJA FY21 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM-LOCAL SOLICITATION, $38,060, 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, October 19, 2021.

Terence Murphy, Mayor

—> Received and referred to the Finance Committee.

 

MCGIVERIN Ordered, that that the amount of TWO THOUSAND AND NINETY AND 00/100 Dollars ($2,090.00) be authorized from the CITY COUNCIL Department’s PROFESSIONAL SERVICES (11122-53010) appropriation in fiscal year 2022 for services rendered in fiscal year 2021 which were unencumbered at the 2021 fiscal year end.
To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, October 19, 2021.

Terence Murphy, Mayor

—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2022, FORTEEN THOUSAND TWO HUNDRED SIXTY EIGHT AND 82/100 Dollars ($14,268.82) as follows:

FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 3,361.90
12101-51107 PATROLMAN 7,023.70
TOTAL: $14,268.82
TO:
12101-51180 INJURED ON DUTY $$14,268.82
TOTAL: $14,268.82

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, October 19, 2021.

Terence Murphy, Mayor

—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 0–Absent 4 (Hernandez, Leahy, Lebron-Martinez, Lisi).
Approved by the Mayor.

 

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2022, TWO THOUSAND ONE HUNDRED SIXTY THREE AND 97/100 Dollars ($2,163.97) as follows:

FROM:
12201-51105 FIREFIGHTER $2,163.97
TOTAL: $2,163.97
TO:
12201-51180 INJURED ON DUTY $2,163.97
TOTAL: $2,163.97

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, October 19, 2021.

Terence Murphy, Mayor

—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 9–Nays 0–Absent 4 (Hernandez, Leahy, Lebron-Martinez, Lisi).
Approved by the Mayor.

 

MURPHY, Anderson-Burgos, Bartley, Greaney, Jr., Hernandez, Leahy, Lebron-Martinez, Lisi, McGee, McGiverin, Sullivan, Tallman, Vacon Ordered, that Order that the City Council present a proclamation to Rafael Rivera in recognition of the award winning grant/project.  Also, that the fire department provide a copy of the project so that it can be displayed in the city council chambers.

—> Received and adopted.

 

MCGIVERIN Ordered, that Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2022, FOUR THOUSAND FIVE HUNDRED NINETY AND 00/100 Dollars ($4,590.00) as follows:
FROM:
11121-51201 PAY-CITY COUNCIL $3.330.00
11461-51106 PAY-SR DEPUTY TAX COLLECTOR 1,260
TOTAL: $4,590.00
TO:
11122-53010 PROFESSIONAL SERVICES $4,590.00
TOTAL:
$4,590.00

—> Passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Hernandez, Lisi).
Approved by the Mayor.

 

MCGEE Ordered, that That the City Council invite in the Middle School Buidling project to discuss City Council role, eligibility period, timing of meetings etc.

—> Received and referred to the Joint Committee of School Committee & City Council.

 

MCGEE, Murphy Ordered, that That the Ordinance Committee review and look to the change the residency requirement for the DPW Director.

—> Received and referred to the Ordinance Committee.

 

MCGEE, Tallman Ordered, that The DPW repair sidewalks on Hampden St. near 8 Williams St.

—> Received and referred to the Public Safety Committee. Copy to DPW.

 

Adjourn at 08:58 PM.
A true record
ATTEST:

______________________________
City Clerk