City Council 3/16/2021

AGENDA

LAID ON THE TABLE

1. Petition for Pole and Wire Locations , 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:

* (1) 40′ pole in front of 12 Pleasant St. Holyoke, MA

2. Petition for Pole and Wire Locations , 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:

* (1) 40′ pole in front of 20 Pleasant St. Holyoke, MA

3. Petition for Pole and Wire Locations , 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) 40′ Class II poles on between 340 & 346 Pleasant St. Holyoke, MA

4. Petition for Pole and Wire Locations , 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:

* Relocate one (1) 40′ pole on dead end of Pleasant St. Holyoke, MA.

PUBLIC COMMENT

COMMUNICATIONS

5. From Mayor Alex B. Morse re: Intention to resign from Position of Mayor effective March 26, 2021.

6. From Mayor Alex B. Morse letter re-appointing Ms. Elizabeth A. Larivee, 198 Pleasant St. to serve as a member of the Commission on Disabilities for the City of Holyoke: Ms. Larivee will serve a three-year term, said term will expire on March 2024.

7. From Mayor Alex B. Morse letter reappointing Paula Ferrario, 24 Morgan St. to serve as a member of the Historical Commission for the City of Holyoke: Ms. Ferrario will serve a three year term; said term will expire on April 1, 2024.

8. From Mayor Alex B. Morse letter reappointing Mary Moriarty, 429 Homestead Ave. to serve as a member of the Conservation Commission for the City of Holyoke: Ms. Moriarty will serve a three year term; said term will expire on February 1, 2024.

9. From Boston Bud re: City of Holyoke Special Permit Annual Report.

10. From Mayor William C. Reichelt from West Springfield letter re: Town of West Springfield Conservation Restriction.

11. City of Holyoke Notice of Finding of No Significant Impact and Notice of Intent to request Release of Funds.

12. Flyer for Holyoke Healthy Homes Program.

PETITIONS

13. Petition of Brian Vail, North Country Production LLC for a Marijuana Manufacturing Establishment at 12 Crescent St.

14. Petition of 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 rhe following public way or ways:

* One (1) 45′ Class II pole on Lincoln St. Holyoke, MA near 41 Taylor St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

15. Ordinance Committee Reports (if any)

15A. The Committee on Ordinance to whom was referred an order that a handicap sign be placed in front of 199 Beech St for Pablo Gonzalez Recommended that the order be adopted.

15B. The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 77 Elm St. for Melissa Smith. Recommended that the order be adopted.

15C. The Committee on Ordinance to whom was referred an order Zone Change Application from RA to BH for Sergey Troshchiy at 405 Ingleside Street, to provide affordable pre-owned vehicles. Recommended that the application be given a leave to withdraw without prejudice.

16. Finance Committee Reports (if any)

16A. The Committee on Finance to whom was referred an order That the Finance Committee invite Tanya Campbell of Melanson and Heath to discuss the fiscal 2020 certification of free cash process. Recommended that the order has been complied with.

16B. The Committee on Finance to whom was referred an order Memorandum of Understanding Between The Holyoke Public Schools and The Holyoke Police Department. Recommended that the order be adopted.

16C. The Committee on Finance to whom was referred an order that the amount of THREE THOUSAND EIGHT HUNDRED TWENTY FIVE AND 00/100 Dollars ($3,825) be authorized from the COMPUTER SYSTEMS Department’s SYSTEMS-SOFTWARE LICENSE/USAGE FEES (11552-53100) appropriation in fiscal year 2021 for services rendered in fiscal year 2020 which were unencumbered at the 2020 fiscal year end. Recommended that the order be adopted.

16D. The Committee on Finance to whom was referred an order that the sum of $140,000 is appropriated to pay the costs of Holyoke Police Department vehicles (4 Police Cruisers) and the payment of all costs incidental and related hereto, 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 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 Chapter 44,. 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 be adopted.

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, EIGHT HUNDRED FIFTEEN AND 00/100 Dollars ($815) as follows:
FROM:
60402-54200 OFFICE & PROFESSIONAL SUPPLIES $815
TOTAL: $815
TO:
60401-51300 OVERTIME $815
TOTAL: $815 Recommended that the order be adopted.

16F. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, ELEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($11,750) as follows:
FROM:
14251-51106 HIGHWAYS & BRIDGES DEMO WORKER $11,750
TOTAL: $11,750
TO:
14261-51300 AUTO EQUIPMENT MAINTENANCE OVERTIME $11,750
TOTAL: $11,750 Recommended that the order be adopted.

16G. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FOUR THOUSAND SIX HUNDRED EIGHTY TWO AND 00/100 Dollars ($4,682) as follows:
FROM:
14251-51106 HIGHWAYS & BRIDGES DEMO WORKER $4,682
TOTAL: $4,682
TO:
14101-51500 ENGINEERING VACATION BUYBACK $3,232
14301-51830 REFUSE/RECYCLING LONGEVITY 1,450
TOTAL: $4,682 Recommended that the order be adopted.

16H. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, NINETEEN THOUSAND SEVEN HUNDRED FIFTY FIVE AND 00/100 ($19,755) as follows:
FROM:
11511-51102 ASSISTANT SOLICITOR $19,755
TOTAL: $19,755
TO:
11511-51101 CITY SOLICITOR $19,755
TOTAL: $19,755 Recommended that the order be adopted.

16I. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, TEN THOUSAND AND 00/100 Dollars ($10,000) as follows:
FROM:
14301-51102 REFUSE HMEO $10,000
TOTAL: $10,000
TO:
14302-53100 OTHER SERVICES-TEMPORARY/SEASONAL $10,000
TOTAL: $10,000 Recommended that the order be adopted.

16J. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY FIVE THOUSAND AND 00/100 Dollars ($35,000) as follows:
FROM:
14801-51101 PARKING CONTROL OFFICER $30,494
14301-51106 WASTE RECYCLE COORDINATOR 4,506
TOTAL: $35,000
TO:
14302-52410 REFUSE R&M VEHICLES $30,000
16502-52410 PARKS R&M VEHICLES 5,000
TOTAL: $35,000 Recommended that the order be adopted.

16K. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY SEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($37,750) as follows:
FROM:
12942-53010 CONTRACT FORESTRY SERVICES $35,000
14301-51106 SNOW REMOVAL SERVICES 2,720
TOTAL: $37,750
TO:
14252-53100 SNOW REMOVAL SERVICES $37,750
TOTAL: $37,750 Recommended that the order be adopted.

16L. 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 Holyoke BESS, LLC for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations for the property located across from 50 Water Street. (parcels 049-01-008 and 049-01-009). Recommended that the order be adopted.

16M. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND NINE HUNDRED FIFTY SEVEN AND 00/100 ($5,957) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,957
TOTAL: $5,957
TO:
11511-51101 CITY SOLICITOR $5,957
TOTAL: $5,957 Referred back to committee without recommendation.

16N. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND SEVEN HUNDRED THIRTY THREE AND 00/100 ($5,733) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,733
TOTAL: $5,733
TO:
11511-51101 CITY SOLICITOR $5,733
TOTAL: $5,733 Referred back to committee without recommendation.

16O. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND ONE HUNDRED NINETY SIX AND 00/100 ($5,196) as follows:
FROM:
11512-53010 SPECIAL COUNSEL $5,196
TOTAL: $5,196
TO:
11511-51101 CITY SOLICITOR $5,196
TOTAL: $5,196 Referred back to committee without recommendation.

16P. The Committee on Finance to whom was referred an order to discuss the 2019 audit report with Tanya Campbell of Melanson & Heath Recommended that the order has been complied with.

17. Public Safety Committee Reports (if any)

17A. The Committee on Public Safety to whom was referred an order that the Department of Public works and SUEZ Water Technologies & Solutions provide a timely plan to the Holyoke City Council regarding street sweeping of city streets in Spring, 2021. The report should be specific as to when sweeping will take place by neighborhood to ensure compliance with contractual obligations.
Last year a similar order was filed, and it took many follow-up calls/emails to get a response. I have been advised that there is an obligation to sweep every street at least once. Verification of this minimum standard and a plan to exceed it for our residents is appreciated and emailed to me as chair of the Public Service Chair. Recommended that the order has been complied with.

18. Public Service Committee Reports (if any)

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

20. Charter and Rules Committee Reports (if any)

20A. The Committee on Charter and Rules to whom was referred an order According to section 6 of the city charter the City Council calls for a special election upon the vacancy by Mayor Morse from his position of Mayor.
Language taken from the charter:…
if the person elected mayor shall refuse to accept the office, or shall die before qualifying, or if a vacancy in said office shall occur more than six months previous to the expiration of the municipal year, the city council shall forthwith call meetings for a new election, and the same proceedings shall be had in all respects as hereinbefore provided for the election of a mayor,. Awaiting disposition.

20B. The Committee on Charter and Rules to whom was referred an order Communication from UMass Amherst, Saul Weing Arnstein & Lehr: final investigative report on the Alex Morse matter. Awaiting disposition.

20C. The Committee on Charter and Rules to whom was referred an order Petition calling for the resignation of Mayor Alex Morse as well as calling on the City Council to pass a resolution calling for the resignation of Mayor Alex Morse. Awaiting disposition.

20D. The Committee on Charter and Rules to whom was referred an order Resolution for Home Rule Petition see attached Awaiting disposition.

20E. The Committee on Charter and Rules to whom was referred an order that a City Council rule be added; that City Council committees assigned in the prior term remain in effect for re-elected Councilors until the President-elect assigns new committees. Awaiting disposition.

20F. The Committee on Charter and Rules to whom was referred an order that the DPW commissioners & sewer commissioners meet with the council to discuss merger of elimination of sewer commissioner and the sewer deficit. Awaiting disposition.

20G. The Committee on Charter and Rules to whom was referred an order The City of Holyoke, through its Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Court to enact legislation to amend the requirement for special election upon mayoral vacancy in the year 2021 in the City of Holyoke, and that said legislation be entitled:
AN ACT RELATIVE TO THE OFFICE OF MAYOR IN THE CITY OF HOLYOKE
And that said act read as follows:
SECTION 1. Not withstanding any general or special law to the contrary, if a vacancy in the office of mayor of Holyoke occurs at any time in the year two thousand and twenty-one, the vacancy shall not be filled by a special municipal election and shall instead be filled according to the provision of Section 28 of Chapter 189 of the Acts of 1992, which states that “Whenever there shall be a vacancy in the office of mayor the president of the city council shall act as mayor, and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the city council.”
SECTION 2: This act shall take effect upon its passage. Awaiting disposition.

20H. The Committee on Charter and Rules to whom was referred an order The City of Holyoke, through its Honorable City Council and Honorable Mayor hereby petition the Massachusetts General Court to enact legislation to amend the requirement for special election upon mayoral vacancy in the year 2021 in the City of Holyoke, and that said legislation be entitled:
AN ACT RELATIVE TO THE OFFICE OF MAYOR IN THE CITY OF HOLYOKE
And that said act read as follows:
SECTION 1. Not withstanding any general or special law to the contrary, if a vacancy in the office of mayor of Holyoke occurs at any time in the year two thousand and twenty-one, the vacancy shall not be filled by a special municipal election and shall instead be filled according to the provision of Section 28 of Chapter 189 of the Acts of 1992, which states that “Whenever there shall be a vacancy in the office of mayor the president of the city council shall act as mayor, and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the city council.”
SECTION 2: This act shall take effect upon its passage Awaiting disposition.

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

MOTIONS, ORDERS AND RESOLUTIONS

22. BARTLEY — DPW install a stop sign at the end of Ridgeway St. where it meets Lorraine St. Refer to Ordinance and copy to DPW

23. HERNANDEZ — That a handicap sign be removed from 50 Walnut St.

24. HERNANDEZ — that a proposal/resolution filed in the past by Councilor Nelson Roman be taken up by the Public Service Committee as it relates to replacing Columbus Day with Indigenous People Day. The City of Holyoke consists of more than 50% of its population being Latinos, predominantly of Puerto Rican heritage.

25. LISI — that the City Council develop a public process by which councilors can submit recommendations for how the $29 Million in COVID stimulus funding will be spent locally.

26. LISI — that in an effort to obtain neutral, fact-based data
ANDERSON-BURGOS and statistics, the City contract an independent assessment
HERNANDEZ of Holyoke Police Department’s structure, policies,
LEBRON-MARTINEZ and practices.

27. MCGEE — Order that the park and recreation department and DPW review the park space at Joints Point in order to develop a plan to better utilize the space.

28. MCGIVERIN — That the City Council consider raising the max amount of reserve police officers for 24 to 35.

29. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO THOUSAND ONE HUNDRED SIXTY THREE AND 96/100 Dollars ($2,163.96) as follows:

FROM:
12201-51105 FIREFIGHTER $2,163.96
TOTAL: $2,163.96
TO:
12201-51180 INJURED ON DUTY $2,163.96
TOTAL: $2,163.96

30. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, ELEVEN THOUSAND EIGHT HUNDRED EIGHTY AND 40/100 Dollars ($11,880.40) as follows:

FROM:
12101-51104 LIEUTENANT $3,807.08
12101-51107 PATROLMEN 8,073.32
TOTAL: $11,880.40
TO:
12101-51180 INJURED ON DUTY $11,880.40
TOTAL: $11,880.40

31. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 DISTRICT LOCAL TECHNICAL ASSISTANCE (DLTA), $22,500 TECHNICAL ASSISTANCE ONLY, 5% IN KIND 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.

32. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “LOCAL RAPID RECOVERY PLANNING, $90,000 TECHNICAL ASSISTANCE ONLY, 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.

33. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 STUDENT & SENIOR AWARENESS OF FIRE EDUCATION (S.A.F.E.), $9,260, 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.

34. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO THOUSAND ONE HUNDRED SIXTY THREE AND 96/100 Dollars ($2,163.96) as follows:

FROM:
12201-51105 FIREFIGHTER $2,163.96
TOTAL: $2,163.96
TO:
12201-51180 INJURED ON DUTY $2,163.96
TOTAL: $2,163.96

35. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “CULTURAL FACILITIES FUND CAPITAL GRANT, $110,000 WITH $110,000 CERTIFIED MATCHING FUNDS, COMPLETION DATE 3/1/2022,” 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.

36. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY SEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($37.750) as follows:

FROM:
12942-53010 CONTRACT FORESTRY SERVICES $35,000
14301-51106 WASTE RECYCLE COORDINATOR 2,750
TOTAL: $37.750
TO:
14252-53100 SNOW REMOVAL SERVICES $37,750
TOTAL: $37.750