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AGENDA FOR THE CITY COUNCIL
October 19,2021

LAID ON THE TABLE

1. 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.

2. 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.

3. 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.

PUBLIC COMMENT

 

COMMUNICATIONS

4. 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.

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

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

7. Petition for Speed Hump from citizens for Moss Ave.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

8. Ordinance Committee Reports (if any)

8A. The Committee on Ordinance to whom was referred an order Petition from residents on Michigan Ave. for speed bumps Recommended that the order be adopted.

8B. 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. Recommended that the order be adopted.

8C. 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. Recommended that the order be adopted.

8D. 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. Recommended that the order be adopted.

9. Finance Committee Reports (if any)

9A. 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 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.

9B. 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 Recommended that the order be adopted.

9C. 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 Recommended that the order be adopted.

9D. 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 that the order has been adopted.

9E. 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 that the order be adopted.

9F. 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 that the order has been adopted.

9G. 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 Recommended that the order be adopted.

9H. 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 that the order be adopted.

9I. 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 that the order be adopted.

9J. 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 that the order has been adopted.

9K. 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 that the order be adopted.

9L. 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 that the order be adopted.

9M. 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 Recommended that the order has been complied with.

9N. 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.) Recommended that the order has been complied with.

10. Public Safety Committee Reports (if any)

11. Public Service Committee Reports (if any)

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

13. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

15. BARTLEY — ORDER
That the Hon John Velis and the Hon Patricia Duffy be invited to a DGR meeting. Copy their respective offices and refer to committee.

16. BARTLEY — That speed humps be placed on Moss Ave.

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

18. GREANEY, JR. — Ordered, that the DPW provide monthly updates to the
BARTLEY 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.

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

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

21. MCGEE — 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.

22. MCGEE — 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.

23. MCGEE — Order that the tree in front of 55 Harvard be removed ASAP.

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

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

LATE FILES

A. From Kathleen Degnan, Assistant City Solicitor, Legal Opinion regarding charter change for City Council approval of mayoral appointments.

B. MCGIVERIN — Ordered, 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 issues 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.

C. MCGIVERIN — Ordered, 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 ASSISTANT GRANT (JAG) PROGRAM-LOCAL SOLICITATION, $38,060” 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.

D. 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

E. 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.

F. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2022, FOURTEEN 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

G. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2022, TWO THOUSAND ONE HUNDRED SIXTY THREE AND 97/100 ($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

H. MURPHY, ANDERSON-BURGOS, MCGEE — Ordered, Order that the city council issue 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.

I. BARTLEY — Order, Per the School Committee, refer to the Joint Committee of the 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.

J. MCGEE, MURPHY — Ordered, that the Ordinance Committee review and look to the change the residency requirement for the DPW Director.

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

L. MCGEE, TALLMAN — Ordered, The DPW repair sidewalks on Hampden St. near 8 Williams St.