Holyoke City Council Special Meeting September 1, 2022

Status updates for orders

Pursuant to the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18-25,
and Chapter 22 of the Acts of 2022
notice is hereby given that there will be special meeting of the
Holyoke City Council

Thursday, September 1, 2022
6:30 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/81812668171?pwd=bjlyOFdUc3hpMUNCWDBUNTVUZmpvUT09
Meeting ID: 818 1266 8171 Meeting Passcode: 821503 or by call in at 1 (646) 558-8656 with same Meeting ID and Passcode.

Agenda

LAID ON THE TABLE

1.The Committee on Ordinance to whom was referred an order that the City Council amend Holyoke Zoning Ordinances to correct the site plan review process in Section 7.10.6.5(b).
Recommended that the order be adopted.

2. The Committee on Ordinance to whom was referred an order That until residents are offered an opportunity to meet IN THE NEIGHBORHOOD with public officials and public board members, who are making decisions with little to zero neighborhood input, the City shall not spend any funds or incur any costs for any new buildings including any school.
Recommended that the order be adopted.

PETITIONS

3. To the CITY COUNCIL of Holyoke, Massachusetts.

The GAS AND ELECTRIC DEPARTMENT requests permission to locate a line of wires, cables, poles and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way or ways:

• One (1) 35’ pole in the Essex St alley way between Beech St & Oak St, Holyoke MA

Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain a line of wires, cable and poles, together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked HG&E Dept. No.133-6S and Dated 08/19/2022.

Also, for permission to lay and maintain underground services, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as it may desire for distributing purposes.

Your petitioner agrees to reserve space at a suitable point on each of said poles for the fire, police, telecommunications, and control signal wires belonging to the municipality and used by it exclusively for municipal purposes.

REPORTS OF COMMITTEES

4. Ordinance Committee Reports.

4A. The Committee on Ordinance to whom was referred an order From AACO Realty Corp. letter regarding 380 Dwight St. Holyoke 420 LLC (failure to enforce city ordinances-Complaint
Recommended that the order be referred to the Law Department to coordinate with the Building Commissioner to investigate the matter and report their findings back to the committee.

4B. The Committee on Ordinance to whom was referred an order Resident on 326 Elm St. would like handicap sign on the side of his house removed as it is no longer needed.
Recommended that the order be adopted.

4C. The Committee on Ordinance to whom was referred an order Special Permit Application for Carefully Curated LLC at 420 Race St (028-07-014) to reutilize the building as a recreational adult use marijuana manufacturing establishment.
Recommended that the order be adopted with the following conditions:
1. That the owner of the building always pay the commercial property tax rate to the extent allowed by federal, state, and local laws for the duration of the Special Permit.
2. That the business retains a minimum 30% Holyoke residents for non-security jobs.
3. That the hiring preference be given to security personnel that are retired Holyoke police or are a retired member of another police department that now lives in the city of Holyoke.
4. There shall be no marijuana consumption allowed on site.
5. That the hours of operation be set according to City ordinances.
6. That the applicant must abide by Massachusetts General Laws and guidance’s from the Cannabis Control Commission.
7. That the petitioner/applicant shall conform with city and state health laws, rules, and regulations, including odor nuisance controls, for the duration of the permit.
8. That the response letter to the Planning Department dated 8-23-22 be accepted by the Planning Department or the applicant will meet any further open items for the Planning Department.

4D. The Committee on Ordinance to whom was referred an order That Appendix A of sec 2-35 of our ordinances be amended to add the positions of Assistant Procurement Officer and Grant Manager for the Police Department.
Recommended that the order be adopted.

4E. The Committee on Ordinance to whom was referred an order that Ordinance 26-33 Emergency Management Director be examined and updated to reflect the current responsibilities of the position
Recommended that the order be adopted

4F. The Committee on Ordinance to whom was referred an order that Sec 86-321 of the City’s Parking Ordinance be amended by striking the following section:
Northampton St.
East
A point 20 feet North of Corser St.
A point 200 feet North of Corser St.
2 hour parking 8:00 a.m. to 8:00 p.m. Monday through Saturday
Recommended that the order be adopted as amended, adjusting the measurements of the section to be amended in the parking ordinance.

4G. The Committee on Ordinance to whom was referred an order that the City Council vote to amend section 7.10 to include the following definitions, which reflect the language from the state’s Cannabis Control Commission:

Marijuana Courier: an entity licensed to deliver finished marijuana products, marijuana accessories and branded goods directly to consumers from a licensed marijuana retailer.  It cannot wholesale, warehouse, process, repackage, or white label these products.  A Marijuana Courier does not require a City Council Special Permit but does need to obtain a business certificate from the City Clerk’s office.

Marijuana Delivery Operator:  an entity licensed to purchase at wholesale and warehouse finished marijuana products acquired from a licensed marijuana cultivator, marijuana product manufacturer, microbusiness or craft marijuana cooperative, and white label, sell, and deliver finished marijuana products, marijuana accessories and marijuana branded goods directly to consumers, but is not authorized to repackage marijuana or marijuana products, or operate a storefront under this license.
Recommended that the order be adopted as amended, removing the reference to a special permit in the Marijuana Courier definition

4H. The Committee on Ordinance to whom was referred an order That the Health Director, Building Commissioner and any other relevant city official meet ASAP with the Ordinance Committee to discuss odor mitigation at marijuana entities in Holyoke for the purpose of a) amending city ordinances and/or b) adding language to the list of conditions typically added to the Marijuana Special Permit.
Recommended that the order be adopted.

4I. The Committee on Ordinance to whom was referred an order to have handicapped sign removed from 402 Pleasant St, per new owner request.
Recommended that the order has been complied with.

4J. The Committee on Ordinance to whom was referred an order Zone change application from R2 to BH for Dennis Bolduc at 474 Pleasant St (091-00-062 & 063) to develop into museum, restaurant, and motorcycle dealership
Recommended that the order be adopted.

5. Finance Committee Reports

5A. The Committee on Finance to whom was referred an order From the Acting City Treasurer, Sharon Bittner-Willis. Most recent statements showing the balance for our stabilization accounts
Awaiting disposition

5B. 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 “2022 MASSTRAILS GRANT, $50,000, $12,500 MATCH THROUGH CANNABIS IMPACT STABILIZATION FUND, ” 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

5C. 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 “FFY19 PROJECT SAFE NEIGHBORHOODS PROGRAM, $64,850, 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

5D. 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 STATE 911 DEPARTMENT SUPPORT AND INCENTIVE GRANT, $246,443, 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.
Awaiting disposition

5E. 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 “PVPC FY23 CT RIVER CLEANUP FUNDING, $512,000, 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

5F. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($150,000) as follows
FROM:
12101-51107 PATROLMEN                       $150,000
TOTAL:           $150,000
TO:
12101-51300 OVERTIME               $150,000
TOTAL:           $150,000
Awaiting disposition

5G. The Committee on Finance to whom was referred an order that $12,500 be transferred from the Cannabis Impact & Innovation Fund to OPED to be the match to the MassTrails Grant for continued planning on South Main Street Corridor Improvement Plans.
See executive summary and presentation at this link
https://www.holyoke.org/springdale-corridor-main-st-project/
Awaiting disposition

5H. The Committee on Finance to whom was referred an order to use $2,017,526.96 of the ARPA revenue loss as a funding source to the FY2023 budget
Awaiting disposition

6. Public Safety Committee Reports

6A. The Committee on Public Safety to whom was referred an order That the Fire Chief and Fire Commission please provide the following information to the City Council within 30 days:  Do any fire personnel of all ranks work second jobs that exceed 30 hours per week? If yes, how many?  How does the department manage those second full-time obligations when Ordinance 2-35 states that fire class of the public safety group are supposed to be working a 48 hour schedule?  After the report is received, please invite in the Chief and Commission to discuss if appropriate.
Recommended that the order has been complied with

6B. The Committee on Public Safety to whom was referred an order that the lines on Rt 202 on the closed right hand lane going toward Westfield be painted ASAP.  Two lanes are being used as travel lanes creating a safety hazard.
Recommended that the order has been complied with

7. Public Service Committee Reports

7A. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Beth Gosselin, 1070 Northampton St. to serve on the Local Historic Commission (Fairfield Avenue) effective July 1, 2022: Ms. Gosselin will serve a two year term; said term will expire on July 1, 2024.
Recommended that the appointment be confirmed

7B. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Lauren Niles, 40 Lexington Ave. to serve as an Alternate of the Planning Board for the City of Holyoke: Ms. Niles will serve a one-year term; said term will expire on July 1, 2023
Recommended that the appointment be confirmed

7C. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Lauren Niles, 40 Lexington Ave. to serve on the Local Historic District Commission (Fairfield Avenue): Ms. Niles will serve a three year term; said term will expire on July 1, 2025
Recommended that the appointment be confirmed

7D. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia, letter appointing Ms. Jessica Lebron-Martinez, 102 Brown Ave. to serve as a member on the Commission on Disabilities for the City of Holyoke: Ms. Lebron-Martinez will serve a three year term; Said term will expire on March 2025
Recommended that the appointment be confirmed

7E. The Committee on Public Service to whom was referred an order In accordance with the new Tourism Advisory Committee (TAC) Ordinance, in reference to the composition of the initial appointed committee that a Holyoke City Councilor be appointed to the committee. (for reference see the section from the ordinance below)
The initial Committee shall be comprised of one representative appointed annually by each of the following agencies which total seven (7) members:
(a) The Holyoke Local Cultural Council; (b) The Greater Holyoke Chamber of Commerce; (c) The Greater Springfield Convention & Visitors Bureau; (d) The Holyoke Office of Planning and Economic Development; (e) The Holyoke City Council; (f) The Holyoke Historical Commission; and (g) The Wistariahurst Museum.
Recommended that the order be referred to the City Council President to make an appointment

7F. The Committee on Public Service to whom was referred an order that interviews begin for candidates for Interim Treasurer position.
Recommended that the order has been complied with

8. Development and Governmental Relations Committee Reports

8A. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application for Betlai, LLC c/o Edison Yee to reuse the existing building and abutting parking lot for the proposed development of a White Hut restaurant at 825 Hampden St & Pleasant St (092-00-111 & 112)
Recommended that the order be adopted.

MOTIONS, ORDERS, AND RESOLUTIONS

9. JOURDAIN, MCGIVERIN — Ordered, that pursuant to the January 4, 2022 order, which was unanimously approved by the City Council, the HG&E appear before the Finance Committee to give an update on their progress.
The January 4, 2022 Order adopted by the City Council read as follows: “The Holyoke Gas and Electric be requested to take all necessary steps to end the gas moratorium.  That they report back to the City Council by April 1, 2022 on their recommended plan of action including potential time table to bring the moratorium to an end. “

10. VACON — Ordered, That DPW representatives and our Auditor provide a financial review of the sewer enterprise fund for 2023 and anticipated financials for 2024, with a projected impact on the sewer fee, to a joint meeting of the Ordinance and Finance committees

11. VACON — Ordered, That Mayor Garcia be given the authority to hire a DPW director above mid range up to no more than max without needing further approval from CC due to special circumstances

12. MCGIVERIN — Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY23 BEST PRACTICES COMPACT PROGRAM:  EMPLOYEE BENEFIT COSTS EVALUATION & RECOMMENDATION, $25,000, 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.

13. MCGIVERIN — Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY23 BEST PRACTICES COMPACT PROGRAM:  MUNIS EMPLOYEE SELF SERVICE IMPLEMENTATION, $29,475, 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.

14. MCGIVERIN — Ordered, 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

15. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE THOUSAND AND 00/100 Dollars ($1,000) as follows:
FROM:
15101-51203 SUBSTITUTE NURSES $1,000
TOTAL: $1,000
TO:
15101-51300 OVERTIME $1,000
TOTAL: $1,000

16. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, FIVE THOUSAND TWO HUNDRED THREE AND 74/100 Dollars ($5,203.74) as follows:
FROM:
12201-51105 FIREFIGHTER $2,340.12
12201-51104 LIEUTENANT 2,863.62
TOTAL: $5,203.74
TO:
12201-51180 INJURED ON DUTY $5,203.74
TOTAL: $5,203.74

17. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE THOUSAND ONE HUNDRED EIGHTY ONE AND 09/100 Dollars ($1,181.09) as follows:
FROM:
12201-51105 FIREFIGHTERS $1,181.09
TOTAL: $1,181.09
TO:
12201-51180 INJURED ON DUTY $1,181.09
TOTAL: $1,181.09

18. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, EIGHTEEN THOUSAND THREE HUNDRED TWENTY TWO AND 10/100 Dollars ($18,322.10) as follows:
FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 6,723.80
12101-51107 PATROLMEN 7,715.08
TOTAL: $18,322.10
TO:
12101-51180 INJURED ON DUTY $18,322.10
TOTAL: $18,322.10

19. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY THOUSAND THREE HUNDRED SIXTEEN AND 45/100 Dollars ($20,316.45) as follows:
FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 6,723.80
12101-51107 PATROLMEN 9,709.43
TOTAL: $20,316.45
TO:
12101-51180 INJURED ON DUTY $20,316.45
TOTAL: $20,316.45

20. MCGIVERIN — Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY23 LIBRARY SERVICES & TECHNOLOGY ACT (LSTA) – STRENGTH IN FAMILIES, $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.