City Council 3/2/2021

Posted March 9, 2021

DUE TO TECHNICAL ISSUES APPROXIMATELY 8 MINUTES OF THIS MEETING WERE NOT RECORDED.

Agenda:

LAID ON THE TABLE

1. 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.

PUBLIC COMMENT

COMMUNICATIONS

2. From Mayor Alex Morse, communication email from Providence Behavioral Health Hospital

3. From City Clerk Brenna Murphy McGee and Administrative Assistant Jeffrey Anderson-Burgos, minutes for the February 16, 2021 council meeting

4. From Tanya Wdowiak, City Auditor re: General Fund and Sewer Enterprise Budget Reports.

5. From Tanya Wdowiak, City Auditor, Grant Fund Report

6. From Todd McGee, President of City Council letter re: Residency Requirement.

7. Communication from Councilor Bartley re: Puerto Rican diaspora community in Connecticut.

8. From Aaron Vega, Director Office of Planning & Economic Development letter re: reviewing updated grant procedures.

9. From Alicia Zoeller, FY2021 CDBG Proposal Materials

10. Memorandum of Understanding Between The Holyoke Public Schools and The Holyoke Police Department.

11. Communication regarding Neighborhood Hub Project.

12. From Cinder McNerney, email regarding Bonding of Trucks.

13. From EMB Natural Ventures LLC letter re: 2020 Annual Report.

14. From Sergey Troshchiy, withdrawal for a Zone Change at 405 Ingleside St.

15. From Sean R. Cronin, Sr. Deputy Commissioner of Local Services email re: BAN.

16. Community Outreach Meeting for a proposed Marijuana Establishment at 12 Crescent St.

17. Community Outreach Meeting for Hybrid House LLC located at 55 Jackson St.

18. Virtual Community Outreach Meeting for a Marijuana Delivery Operator at 620 Beaulieu St.

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

20. From Whiting Street Reservoir Committee, minutes of February 2 and February 16, 2021.

21. From Board of Fire Commission minutes of January 21, 2021.

22. From Harold and Lois Darcy, concerned citizens

PETITIONS

23. Petition of Anthony Dominguez for a non-conforming structures, other than single and two family structures for 50 Upland Rd.

24. Petition of Massbiology Technology LLC for a Cannabis Cultivation & Manufacturing Establishment at 6 Appleton St.

25. Petition of Green Highland LLC for a new Marijuana Retail and Manufacturing Establishment at 26 Hadley Mills Rd.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

26. Ordinance Committee Reports (if any)

26A. The Committee on Ordinance to whom was referred an order that our Engineer recommend the most effective safety measures such as; no parking here to corner signs be placed at the Vermont and Kane intersection or “no parking” be established on Vermont St. between Kane and Westfield road to enable emergency vehicles and busses turn at the intersection and to improve safety for pedestrians. Refer to Ordinance Recommended that the order has been complied with per the recommendation of the city engineer.

26B. The Committee on Ordinance to whom was referred an order that the City consider establishing a policy to provide handicapped parking spots during winter reverse parking orders. The signage would only be placed opposite current handicapped parking slots, and only be enforced during a reverse plowing period. Recommended that the order has been complied with per the recommendation of the city engineer.

26C. The Committee on Ordinance to whom was referred an order The City of Holyoke’s engineer provide a recommendation to the City Council as to whether a 4-way stop should be installed at the intersection of Hitchcock and Martin Streets. Refer to ordinance. Recommended that the order has been complied with per the recommendation of the city engineer.

27. Finance Committee Reports (if any)

27A. 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 “MASSDEP SMALL SCALE INITIATIVES, $1,500, NO MATCH, EXPIRES 6/30/2021,” 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.

27B. 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 “NEIGHBORHOOD HUB PROGRAM, $100K, NO MATCH, 2 YEAR, ” 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.

27C. The Committee on Finance to whom was referred an order that the amount of TWO HUNDRED THIRTY EIGHT AND 51/100 Dollars ($238.51) be authorized from the PERSONNEL Department’s POLICE/FIRE INDEMNIFICATION (19191-51999) appropriation in the fiscal year 2021 for services rendered in the fiscal year 2020 which were unencumbered at the 2020 fiscal year end. Recommended that the order be approved.

27D. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO HUNDRED TWENTY THOUSAND AND 00/100 Dollars ($220,000) as follows:
FROM:
0430-59710 SALE OF REAL ESTATE $220,000
TOTAL: $220,000
TO:
14303-58000 TRASH-CAPITAL OUTLAY MOTOR VEHICLES $220,000
TOTAL: $220,000 Recommended that the transfer be approved.

27E. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THREE HUNDRED THIRTY THOUSAND AND 00/100 Dollars ($330,000) as follows:
FROM:
8810-59710 STABILIZATION $330,000
TOTAL: $330,000
TO:
14303-58000 TRASH- CAPITAL OUTLAY VEHICLES $330,000
TOTAL: $330,000 Recommended that the transfer be denied, with a further recommendation that the mayor work with the Fire Chief, the DPW director, and the City Auditor to put together a bonding package to cover the costs of the requested equipment.

27F. The Committee on Finance to whom was referred an order that the superintendent of the DPW appear before the DG&R committee to try to develop a better communication system notifying residents that their trash/recycling won’t be picked up because of a snow storm. In addition, the discussion should include trying to find a way to get back to the pick up for those residents within a shorter time period. When considering recycling pickup, a cancellation rather than a postponement means they have almost one month’s of materials to store. Would this be an area where working with ROCA might be able to more quickly recover these services after the storm? Recommended that the order has been complied with.

27G. 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 SIXTY THOUSAND AND 00/100 Dollars ($160,000) as follows:
FROM:
8810-59710 STABILIZATION $160,000
TOTAL: $160,000
TO:
12203-58000 FIRE DEPT. -CAPITAL OUTLAY VEHICLES $160,000
TOTAL: $160,000 Recommended that the transfer be denied, with a further recommendation that the mayor work with the Fire Chief, the DPW director, and the City Auditor to put together a bonding package to cover the costs of the requested equipment.

27H. 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) as follows:
FROM:
8810-59710 STABILIZATION $100,000
TOTAL: $100,000
TO:
14252-53100 SNOW REMOVAL SERVICES $100,000
TOTAL: $100,000 Recommended that the transfer be denied, with a further recommendation that the transfer come from the sale of real estate line item.

27I. 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 WASTE RECYCLE COORDINATOR 2,750
TOTAL: $37,750
TO:
12942-53001 FORESTRY VEHICLE LEASE $37,750
TOTAL: $37,750 Recommended that the transfer be denied, with a further recommendation that the mayor work with the Fire Chief, the DPW director, and the City Auditor to put together a bonding package to cover the costs of the requested equipment .

27J. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, THREE HUNDRED THIRTY THOUSAND AND 00/100 Dollars ($330,000) as follows:
FROM:
0430-59710 SALE OF REAL ESTATE $48,026
8810-59710 STABILIZATION 281,974
TOTAL: $330,000
TO:
14303-58000 TRASH – CAPITAL OUTLAY VEHICLES $330,000
TOTAL: $330,000 Recommended that the transfer be denied, with a further recommendation that the mayor work with the Fire Chief, the DPW director, and the City Auditor to put together a bonding package to cover the costs of the requested equipment.

28. Public Safety Committee Reports (if any)

29. Public Service Committee Reports (if any)

29A. The Committee on Public Service to whom was referred an order appointing Dr. John A. Perdrizet to serve as a member of the Conservation Commission for the City of Holyoke for a term expiring February 1, 2023. Recommended that the order has been complied with.

29B. The Committee on Public Service to whom was referred an order appointing Dr. Stephanie N. Marcotte to serve as a member of the Library Board of Directors for the City of Holyoke for a term expiring in February 2024. Recommended that the order has been complied with.

29C. The Committee on Public Service to whom was referred an order appointing Mr. Jason Lefebvre to serve as a member of the Library Board of Directors for the City of Holyoke for a term expiring in February 2023. Recommended that the order has been complied with.

29D. The Committee on Public Service to whom was referred an order appointing Mr. Richard Purcell to serve as Commissioner of the Soldier’s Memorial for the City of Holyoke for a term expiring September 30, 2023. Recommended that the order has been complied with.

29E. The Committee on Public Service to whom was referred an order appointing Ms. Joan Plummer to serve a member of the Library Board of Directors for the City of Holyoke for a term expiring in February 2022. Recommended that the order has been complied with.

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

30A. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application of The Log Cabin Banquet & Meeting House, Inc. for a Drive-Thru Facility per section 7.1.6 of the Holyoke Zoning Ordinance at 500 Easthampton Rd. (Map 213 Block 00 Parcel 003). Recommended that the application be approved with the following conditions:
1. That the hours of operation of the drive-thru be seven days, from 5AM-10PM;
2. That one year from the date of issuance of a Certificate of Occupancy for the proposed drive-through restaurant, or sooner in event that significant traffic safety issues result from the drive-through restaurant, as jointly identified by the Holyoke Police Department and Department of Public Works, the Owner shall come back before the City Council to review the site operations and traffic flow associated with the site. Should documented problems exist, the Owner shall identify and implement measures to mitigate such concerns, subject to approval of the Department of Public Works and Planning Board;
3. That all relevant portions of the December 3rd, 2020 letter from the Planning Board pertaining to the special permit application for a drive-thru be considered and addressed.

30B. The Committee on Development and Governmental Relations to whom was referred an order that the City Council adopt a similar resolution to that of the attached from Springfield. The committee should invite Councilor Adam Gomez and Melissa Mark Veverito to our next committee meeting for a discussion. Recommended that the resolution has been passed.

30C. The Committee on Development and Governmental Relations to whom was referred an order that the DGR committee meet with Holyoke Media to put together an action plan to televise city council meetings and sub-committee meetings translated into Spanish. The goal should be to televise within 48 hours of the actual meeting. Recommended that the order has been complied with.

31. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

33. MURPHY — Ordered, that as the city considers purchasing any replacement vehicles it reach out to the state to see if the city could be eligible for significant rebates off the purchase price of electric vehicles. The MOR-EV program offers rebates to private as well as public entities for purchasing electric vehicles now including trucks.
In addition, that the city look into the Massachusetts Green Communities grant program which provides funding to assist with the installation of EV charging infrastructure.

34. SULLIVAN — Ordered 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)

35. SULLIVAN — The City of Holyoke amend Zoning Ordinance section 4.3(A)(8) and 9.3 and any other ordinance or regulation so as to require a special permit prior to granting permission for residential care or rehabilitation (also known as group homes) in all residential districts in the City of Holyoke and no longer allow the use as of right; the special permit is to be issued by one of the following boards and only after a public hearing: city council or the planning board or the board of appeals. Refer to ordinance.

36. SULLIVAN — 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.

37. SULLIVAN — Resolution for Home Rule Petition see attached.

38. VACON — In the interest of those we serve, each department head including appointed and elected, post the schedule of days and hours they are currently present in City Hall or their official offices, until such time as City Hall is open.

39. VACON — 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,….

40. BARTLEY — The DPW superintendent send a communication to City council for its 3/16/21 meeting to provide a schedule or an estimated timetable for: paving projects, patching potholes, striping lines for roads and striping lines for parking spaces, the operation hours & days of the week for bulk waste drop-off and operation hours & days of week for yard waste (Berkshire St.). This was discussed at Finance on 2/24/21. Refer to DPW with a copy to Public Safety.

41. BARTLEY — The DPW and/or ROCA coordinate cleanup behind Fitzpatrick Ice Rink. In coordination with former at-large councilor Dan Bresnahan, the rink’s manager is offering to help as I received the following email: “Once the snow is gone, we will be cleaning up the trash as best as we can near the rink. If the City can clean up the top of the hill that would be great.” Refer to DPW with copy to Public Safety

42. LISI — that a resident only/permit parking area be created in front on 45-52 Canal St. (from Center St. to North East St.). Residents have a hard time dealing with parking bans as both odd and even numbers occupy the same side of the street.

43. LISI — that the City Council vote to place the following question on the ballot as a binding referendum: “Should the City Treasurer be changed from an elected position to an appointed position that combines the duties of Treasurer and Tax Collector?”

44. MCGEE — That a handicap sign be placed in front of 6 Highland Ave. for Victor Goulding.

45. MCGIVERIN — Ordered that the sum of $1,216,500 is appropriated to pay the costs of Department of Public Works and Fire Department vehicles (1 Trash Truck, 2 Recycling Trucks, 1 Forestry Truck, 1 Alarm Division Bucket Truck) 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.

46. MCGIVERIN — Ordered 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 there shall be no change in the purpose of this bond authorization without prior vote of approval by the Holyoke City Council.

47. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, FOUR THOUSAND ONE HUNDRED EIGHTY SIX AND 36/100 Dollars ($4,186.36) as follows:

FROM:
12201-51105 FIREFIGHTER $4,186.36
TOTAL: $4,186.36
TO:
12201-51180 INJURED ON DUTY $4,186.36
TOTAL: $4,186.36

48. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTEEN THOUSAND SEVEN HUNDRED NINETY TWO AND 49/100 Dollars ($13,792.49) as follows:

FROM:
12101-51104 LIEUTENANTS $3,807.08
12101-51107 PATROLMEN 9,985.41
TOTAL: $13,792.49
TO:
12101-51180 INURED ON DUTY $13,792.49
TOTAL: $13,792.49

49. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, SEVENTY THOUSAND AND 00/100 Dollars ($70,000) as follows:

FROM:
12101-51107 PATROLMEN $70,000
TOTAL: $70,000
TO:
12102-54830 MOTOR VEHICLE SUPPLIES $40,000
12102-52410 R&M MOTOR VEHICLES 30,000
TOTAL: $70,000

50. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO HUNDRED THOUSAND AND 00/100 Dollars ($200,000) as follows:

FROM:
12101-51107 PATROLMEN $130,000
12101-51900 TRAINING 20,000
12101-51590 COURT 20,000
12101-51920 INCENTIVE 30,000
TOTAL: $200,000
TO:
12101-51300 OVERTIME $200,000
TOTAL: $200,000

51. MCGIVERIN — 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

52. MCGIVERIN — 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

53. MCGIVERIN — 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

54. 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 SNOW REMOVAL SERVICES 2,720
TOTAL: $37,750
TO:
14252-53100 SNOW REMOVAL SERVICES $37,750
TOTAL: $37,750

55. MCGIVERIN — 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:

SECTION 2: This act shall take effect upon its passage.

56. MCGIVERIN — 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.

57. MCGIVERIN — 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

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

Holyoke Media

City Council 3/2/2021

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