City Council 2/2/2021
Agenda:
PUBLIC COMMENT
COMMUNICATIONS
1. From Crystal Barnes, Acting City Solicitor, letter re: New Ordinance Language.
2. From Sandra Smith, City Treasurer letter of resignation effective February 26, 2021.
3. From City Clerk Brenna Murphy McGee and Administrative Assistant Jeffrey Anderson-Burgos, minutes from the January 19, 2021 meeting.
4. From City Clerk Brenna Murphy McGee Grant Election report and Extension approval letter.
5. From Marcos A. Marrero Director Office of Planning & Economic Development re: Final Grant Reports (Small Business Relief Partnership).
6. Communication from DGR Committee re: scheduled meeting on January 25, 2021 regarding decision to refer the procedural of waiving 120 day Notice to acquire the parcel.
7. From The Community Preservation Committee, re: proposal to fund the Wistariahurst Repairs Project.
8. From Holyoke School Department, list of 100 Top Paid Employees.
9. Communication received from University of Massachusetts at Amherst, Saul Weing Arnstein & Lehr re: final investigative report Alex Morse matter.
10. From Ruth Bourquin, Senior & Managing Attorney & Jessica Lewis, Staff Attorney for American Civil liberties union foundation re: Notice of obligation under the SJU decision in Massachusetts Coalition for the Homeless.
11. From Thomas J. O’Connor Animal Control, information on social media, disposition summary, adoptions. and holyoke animal calls.
12. CDBG/HOME Programs public hearing and meeting of the Citizens Advisory Committee Notice.
13. From Canna Provisions Inc. 380 Dwight St. re: Annual Special permit Reporting.
14. From Board of Fire Commission minutes of December 17, 2020.
PRESIDENT’S REPORT
REPORTS OF COMMITTEES
15. Ordinance Committee Reports (if any)
15A. The Committee on Ordinance to whom was referred an order that in an effort to enhance food access and security for our residents during these uncertain times that we expedite a backyard chicken ordinance as well as review of the permitting process for community gardens to ensure that it facilitates easy access and use of such sites. Recommended that the order be adopted.
15B. The Committee on Ordinance to whom was referred an order that Sec 86-97 of the City’s Parking Ordinance be struck from the city’s parking ordinances:
Sec 86-97. -All night parking
No person shall allow, permit or suffer any vehicles registered in his name, other than one acting in an emergency, to be parked on any street in the downtown area between the hours of 2:00 a.m. and 7:00 a.m. of any day. Recommended that the order be adopted..
15C. The Committee on Ordinance to whom was referred an order that the ordinance committee consider an ordinance which would create a penalty for any driver handing out anything from the car window when in a traffic lane as a traffic safety violation. Recommended that the order be adopted.
15D. The Committee on Ordinance to whom was referred an order the mayor, the auditor, and the city’s financial team as needed, provide draft internal controls on how city grants are to be administered so that future governments (re: city taxpayers) are not faced with paying for administrative shortfalls. Recommended that the order be adopted.
15E. The Committee on Ordinance to whom was referred an order Zone Change Application from BL to BH for Holyoke Gas & Electric for alignment with municipal business operations at 91 Walnut St. Recommended giving a leave to withdraw wihtout prejudice.
16. Finance Committee Reports (if any)
16A. 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 “FY2021 HOLYOKE CITY HALL STAINED GLASS WINDOW PHASE III; CONTRACT AMOUNT $50,000, CONTRACT END DATE 06/30/2021, 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 grant be accepted.
16B. 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 MUNICIPAL ASSISTANCE, AMOUNT $20,000, CONTRACT END DATE 06/30/2021, IN KIND MATCH $5,210” 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 grant be accepted.
16C. The Committee on Finance to whom was referred an order that the city council accept the amendment to the grant contract already approved by the Council from the Community Preservation Committee to extend the funding deadline for MIFA/Victory Theatre. Recommended that the amendment be accepted.
16D. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, ONE HUNDRED THOUSAND AND 00 /100 Dollars ($100,000.00) as follows:
FROM:
8810-59710 STABILIZATION-TR TO G/F $100,000.00
TOTAL: $100,000.00
TO:
14252-53100 SNOW REMOVAL SERVICES $100,000.00
TOTAL: $100,000.00 Recommended that the transfer be approved.
16E. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, SEVENTY FIVE THOUSAND EIGHT HUNDRED TWENTY THREE AND 00 /100 Dollars ($75,823.00) as follows:
FROM:
11511-51101 PAY-SOLICITOR $75,823.00
TOTAL: $75,823.00
TO:
11512-53010 SPECIAL COUNSEL SERVICES $75,823.00
TOTAL: $75,823.00 Recommended that the transfer be approved.
16F. The Committee on Finance to whom was referred an order that, in accordance with Mass. Gen. Laws ch. 59, sec. 38H, the City Council approve and ratify an agreement between the City of Holyoke and Growing Holyoke, LLC for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations for the property located at 150 Whiting Farms Road. Recommended that the order be approved.
16G. The Committee on Finance to whom was referred an order that, in accordance with Mass. Gen. Laws ch. 59, sec. 38H, the City Council approve and ratify an agreement between the City of Holyoke and Jackson Canal, LLC, for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations for the property located at 84 Sargeant Street. Recommended that the order be approved.
16H. The Committee on Finance to whom was referred an order that, in accordance with Mass. Gen. Laws ch. 59, sec. 38H, the City Council approve and ratify an agreement between the City of Holyoke and Scannell Solar, LLC, for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations for the property located at 75 Appleton Street. Recommended that the order be approved.
16I. The Committee on Finance to whom was referred an order that the City of Holyoke’s park and Rec dept rebuild a concrete outdoor Handball Court. Holyoke once had three courts and now they are down to one wooden one. Recommended that the order has been complied with, and referred to Parks and Recreation for a CPA and CDBG application.
17. Public Safety Committee Reports (if any)
17A. The Committee on Public Safety to whom was referred an order that In an abundance of caution and taking into consideration all of the continuous accidents on Walnut and Cabot, a bigger Stop Sign with lights on it would be most beneficial and would make this corner much safer. Lots of pedestrians utilize this intersection and although most of the accidents are involving vehicles, these measures will ensure pedestrian safety. Recommended that the order has been complied with
17B. The Committee on Public Safety to whom was referred an order that representatives from Action Ambulance come to a meeting of the public safety committee to discuss response times and other pertinent issues. Recommended that the order has been complied with.
17C. The Committee on Public Safety to whom was referred an order that the Police Department provide an update on drug overdose/deaths for the last two years. Also provide an update on drug dealing arrests and crime stats, including shootings & murders in the last two years, and to also include statistics that show a comparison of Holyoke residents versus those who are from out of the city. Recommended that the order has been complied with.
17D. The Committee on Public Safety to whom was referred an order that the public safety committee invite in David Conti and the water commissioners into discuss and get an update on the water filtration system. Recommended that the order has been complied with.
17E. The Committee on Public Safety to whom was referred an order that three additional speed limit postings of 30 miles per hour be placed in strategic locations on Mountain Road. Excessive speed on that road has become a severe safety hazard. Recommended that the order has been complied with.
17F. The Committee on Public Safety to whom was referred an order The Property Preservation Group (f/k/a problem property group), Building commissioner, and Mayor’s Office come before the city council’s public safety committee and provide an update to City Council regarding the “top 20” list of problem buildings, the efforts of the City to remove these buildings from the list, and an update on the balance of funds in the City’s vacant property budget. Recommended that the order has been complied with.
18. Public Service Committee Reports (if any)
19. Development and Governmental Relations Committee Reports (if any)
19A. The Committee on Development and Governmental Relations to whom was referred an order Amendment to the FY2019 Annual Plan to incorporate CDBG-CV Funds (Part II – Round 3) in the amount of $486,324.00. Recommended that the amendment be approved.
19B. The Committee on Development and Governmental Relations to whom was referred an order Letter from Trustees of Reservations requesting support for waiver of 120 day notice period for DCR to acquire parcel. Referred back to committee without recommendation.
19C. The Committee on Development and Governmental Relations to whom was referred an order Pursuant 301 CMR 51.07(1)(b), I, Todd McGee, Chairman of the City Council of the City of Holyoke, hereby agree to waive the 120 day notice period as required by said section as to a parcel of land of approximately 21.745 acres in the City of Holyoke, shown on Exhibit A attached hereto, in which the Department of Conservation and Recreation is considering acquiring an interest. Map-Lot 217-00-006 Referred back to committee without recommendation.
19D. The Committee on Development and Governmental Relations to whom was referred an order Resolution related to GAH (Geriatric Authority of Holyoke) sale Referred back to committee without recommendation.
19E. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of Gina and Raquel Fasoli Figueroa for a painting business at 145 Mountain View Drive (Map 135 Block 00 Parcel 006). Recommended that the application be approved with the following four conditions: 1. That there be no signage, 2. That all materials be stored indoors, 3. That the van be garaged from 7pm-7am daily, commencing 6 months from the date of the permit issue, 4. That there be no deliveries.
19F. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of Jill LaBeau for a driveway at the front of the house, facing the house at 23 O’Connor Ave. (Map 074 Block 00 Parcel 024). Recommended that the application be approved.
19G. The Committee on Development and Governmental Relations to whom was referred an order that the DGR committee meet with Holyoke Media about the possibility of having more programming on Ch 15. Is it possible to have some regular half hour programs which could both entertain and inform residents? Recommended that the order has been complied with.
19H. The Committee on Development and Governmental Relations to whom was referred an order that the DGR committee meet with Holyoke Media, the mayor, the health director, and representatives from the Opioid Substance Abuse Task Force program, to present a five to ten minute video to be televised on Ch 15 on the importance of persons not contributing to panhandlers. The emphasis should be on the negative impact of doing so, in terms of panhandlers rejecting offers which could much more significantly improve the quality of their lives. Once the program is completed, it should be shown just prior to city council meetings on Ch 15. Recommended that the order has been complied with.
19I. The Committee on Development and Governmental Relations to whom was referred an order The Law Department provide an update to the City Council on the City’s Receivership program. This is our semi-annual review. Recommended that the order has been complied with.
20. Charter and Rules Committee Reports (if any)
21. Joint City Council and School Committee Reports (if any)
MOTIONS, ORDERS AND RESOLUTIONS
22. LISI — that the Holyoke City Council adopt a Resolution Opposing
ANDERSON-BURGOS Internet Data Caps & Committing to Analyzing Internet
HERNANDEZ Access and Affordability (see attached for full text).
LEBRON-MARTINEZ
23. MCGEE — that the DPW report before the public safety committee to address the city council chamber back room area (mainly addressing upgrades and fixing the odors associated with the area).
24. MCGEE — Ordered that the Personnel Department post the position or Treasuer and the Public Service Committee begin interviews so the City Council can appoint a Treasurer to fill the unexpired term of Sandra Smith.
25. MCGEE — that the city council call/have an executive session and invite in the legal department to get an update on cases.
26. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, SEVEN THOUSAND ONE HUNDRED FOURTEEN AND 60/100 Dollars ($7,114.60) as follows:
FROM:
16101-51110 REFERENCE LIBRARY ASST. – NIGHT $7,114.60
TOTAL: $7,114.60
TO:
16101-51102 REFERENCE LIBRARY ASSISTANT $7,114.60
TOTAL: $7,114.60
27. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTEEN THOUSAND NINE HUNDRED TWENTY SEVEN AND 39/100 Dollars ($13,927.39) as follows:
FROM:
16101-51111 LIBRARY ASSISTANT-NIGHT $13,927.39
TOTAL: $13,927.39
TO:
16101-51107 LIBRARY ASSISTANT $10,000.00
16101-51102 REFERENCE LIBRARY ASSISTANT 3,927.39
TOTAL: $13,927.39
28. MCGEE — That with the reconvening of the review process and
LISI discussion on the middle school project- The Joint
committee of City council and School Committee meet
and invite in the Mayor, school department/receiver,
treasurer, members of the city finance team and members
of the community to review the feasibility study and
MSBA financing and collect the necessary data requested
by the MSBA in order to better assess the project/proposal.
29. SULLIVAN — That the Holyoke City Council approve a grant to Wisteriahurst Museum for electrical upgrades in the amount of $55,000. Unanimously approved by the Community Preservation Committee, this is to make up the difference for a shortfall in a previously approved project. Shortfall was caused by an interruption in fundraising efforts caused by pandemic. Total project cost is $356,876 of which 104,500 was approved in fy20.
Motion to receive and adopt.
30. BARTLEY — The Ordinance committee and City Council consider removal of M.G.L. chapter 85, Section 17A, from the city of Holyoke’s list of adopted state statutes. The SJC recently ruled the law to be unconstitutional. Moreover, the Law Dept. is recommending this
Addendum:
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
