City Council 4/20/2021

AGENDA:

COMMUNICATIONS

1. From Acting Mayor Todd McGee, letter reappointing Ms. Frances Welson, 1421 Northampton St. to serve as a member of the Historical Commission for the City of Holyoke: Ms. Welson will serve a three year term; said term will expire on April 16, 2021.

2. From Brenna Murphy McGee, MMC and Jeffery Anderson-Burgos minutes of April 6, 2021.

3. From Tanya Wdowiak, City Auditor re: General Fund & Sewer Enterprise Budget Reports through March 31, 2021.

4. From Tanya Wdowiak, City Auditor re: Grant Fund Balances.

5. From Tanya Wdowiak, City Auditor re: Payments in Lieu of Taxes (PILOT) through March 31, 2021.

6. From Aaron Vega Director, Office of Planning & Economic Development letter re: Cannabis Industry Impact statement.

7. From Alicia Zoeller, resolution to City council adopting FFY2021 Annual Plan CDBG Program and Home Investment partnership Program and FFY2021 Spreadsheet.

8. From Holyoke Parks & Recreation Commission minutes of January 28, 2021.

9. From Whiting Street Reservoir Study Committee minutes of April 6, 2021.

10. Communication from Patricia C. Devine letter regarding DPW Appointment.

11. Notice of Community Outreach Meeting on May 4, 2021 for Rise Holdings, Inc.

PETITIONS

12. Petition of Frank Ferrini, for a renewal of a second hand license at 375 Whitney Ave.

13. Petition of Holyoke 420, LLC d/b/a Holyoke Cannabis an application for a modification to existing special permit to include marijuana delivery at 380 Dwight St. Unit No 3.

14. Petition of Mimi Mai. for a renewal of a second hand license at 324 Appleton St.

15. Petition of Kindred Healthcare for a special permit for special regulations (7.1.1.) Hospital Height, to permit the construction of a 4 story Behavioral Health Hospital in RO Zone at 45 Lower Westfield Rd.

16. Petition for a new Junk Dealer’s License for Luis Nieves at 2 Harrison Ave.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

17. Ordinance Committee Reports (if any)

17A. The Committee on Ordinance to whom was referred an order Special Permit Application for Massbiology Technology LLC to build & operate a marijuana cultivation & processing establishment at 6 Appleton St. Recommended that the order be adopted with the following conditions:
1. That a bike rack be added.
2. That the generator get approval from the Fire Department.
3. That another fueling source be used, if possible.
4. That the applicant obtain site control of the area slated for parking.

17B. The Committee on Ordinance to whom was referred an order Special Permit Application of EMB Natural Ventures LLC Marijuana Facilities-Cultivation for the establishment of a Marijuana facility for cultivation purposes at 140 Middle Water St. Recommended that the order be adopted with the following conditions:
1. That the property owner gain site control for all of the easements and property rights needed to construct the project.
2. That all of the outstanding issues from the City Engineer’s letter, dated April 12th, 2021, be complied with.

17C. The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 251 Walnut St. Recommended that the order be adopted.

17D. The Committee on Ordinance to whom was referred an order the removal of handicap sign from 32 Clinton Avenue. Recommended that the order be adopted.

17E. The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 6 Highland Ave for Victor Goulding. Recommended that the order be adopted.

17F. The Committee on Ordinance to whom was referred an order that medical marijuana deliveries be allowed in the city by special permit. Recommended that the order be adopted.

17G. The Committee on Ordinance to whom was referred an order that the buffer for all aspects of marijuana manufacturing be reduced from 500 ft to 200 ft. Recommended that the order has been complied with.

17H. The Committee on Ordinance to whom was referred an order that the city council consider revising the special permit requirement for marijuana related uses. Recommended that the order has been complied with.

17I. The Committee on Ordinance to whom was referred an order That the City Council consider amending the Marijuana Ordinance to allow Marijuana Cultivation/Manufacturing Facilities to operate on a 24-hour basis. There have been several applicants already who have expressed interest in operating a business model that includes three shifts and that translates to additional jobs for our residents. Recommended that the order has been complied with.

17J. The Committee on Ordinance to whom was referred an order that marijuana industry activities be allowed by special permit in the DR Downtown Residential zone Recommended that the order be given a leave to withdraw.

17K. The Committee on Ordinance to whom was referred an order that the City Council amend its marijuana ordinances regarding deliveries. Here’s the solo section of the current ordinance that pertains to deliveries: 7.10.6 Application Procedure and Requirements 1) Application Requirements: An application for a special permit shall include the following: a) The name and address of each owner of the marijuana establishment. b) Copies of all required registrations, licenses and permits issues to the applicant by the Commonwealth of Massachusetts and any of its agencies for the establishment. c) Evidence that the Applicant has site control and right to use the site for a marijuana establishment in the form of a deed or valid purchase and sales agreement or, in the case of a lease a notarized statement from the property owner and establishment’s organization Chief Executive Officer and corporate attorney disclosing all of its designated owner, including officers, directors, partners, managers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of all such responsible individual persons. e) A description if all activities to occur on site, including but not limited to: cultivating and processing or marijuana and marijuana infused products (MIPs), on-site sales, delivery or marijuana and related products to off-site facilities, offsite direct delivery to patients, distribution of educational materials, and other programs or activities. f) A written notice from the Chief of Police shall be submitted to the City Clerk stating that an acceptable Security Plan has been reviewed and approved. The Security Plan shall include the location and details of all security measures for the site, including but not limited to lighting, fencing, gates, waste disposal, alarms and similar measures ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity. g) Details of all proposed exterior security measures for the marijuana establishment. h) A Development Impact Statement containing all the information required under Section 10.1.6 (1) of the Zoning Ordinance. i) A Traffic Impact Statement containing all of the information required under Section 10.1.6 (2) of the Zoning Ordinance. j) A special permit fee in the amount of $500.00. Recommended that the order be given a leave to withdraw.

17L. The Committee on Ordinance to whom was referred an order That a handicap sign be removed from 50 Walnut St. Recommended that the order be given a leave to withdraw without prejudice.

17M. The Committee on Ordinance to whom was referred an order Zone Change Application from R1A to BL for Dennis Croteau at 83 Lower Westfield Road. There is not enough parking for commercial property at 79 Lower Westfield Rd and the applicant is interested in opening courses for floral design and gardening, which would entail needing more parking. Recommended that the order be denied.

18. Finance Committee Reports (if any)

18A. The Committee on Finance to whom was referred an order Petition for a second hand license for FYE #725 at 50 Holyoke St Awaiting disposition

18B. 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 “FY2020 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM COVID-19 SUPPLEMENTAL (EMPG-S), $15,500, 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.

18C. 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 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. Awaiting disposition.

18D. 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 “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. Awaiting disposition.

18E. The Committee on Finance to whom was referred an order That the City Council approve the CPA recommendation of $10,000 for the JFK Memorial restoration Awaiting disposition.

18F. The Committee on Finance to whom was referred an order That the City Council approve the CPA recommendation of $130,677 for the restoration of Fire Engine #9 Awaiting disposition.

18G. The Committee on Finance to whom was referred an order That the City Council approve the CPA recommendation of $210,000 for the Mayer Field Improvements Awaiting disposition.

18H. The Committee on Finance to whom was referred an order That the City Council approve the CPA recommendation of $40,000 for the Pulaski Park Engineering Study Awaiting disposition.

18I. The Committee on Finance to whom was referred an order That the City Council approve the CPA recommendation of $60,000 for the War Memorial Facade restoration Awaiting disposition.

18J. 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 DOLLARS AND 00/100 ($5,000.00) as follows:
FROM:
11751-51109 PAY-SENIOR PLANNER $5,000.00
TOTAL $5,000.00
TO:
11751-51300 OVERTIME $5,000.00
TOTAL: $5,000.00 Awaiting disposition.

18K. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, SIXTEEN THOUSAND FOUR HUNDRED FIFTY FIVE AND 94/100 Dollars ($16,455.94) as follows:
FROM:
12201-51400 LONGEVITY $15,000.00
12201-51462 EAP/MED OFFICER 500.00
12201-51900 IN SERVICE 955.94
TOTAL: $16,455.94
TO:
1273-51000 SAFER GRANT FY2018 $16,455.94
TOTAL: $16,455.94 Awaiting disposition.

18L. 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 EIGHT HUNDRED FOUR AND 30/100 Dollars ($35,804.30) as follows:
FROM:
12102-53001 CRUISER LEASE $35,804.30
TOTAL: $35,804.30
TO:
12103-58000 CAPITAL OUTLAY – MOTOR VEHICLES $35,804.30
TOTAL: $35,804.30 Awaiting disposition.

18M. The Committee on Finance to whom was referred an order to invite in the auditor to discuss and update the council on the rules associated with the ARP Act – auditor to also provide council with update as they become available. Refer to finance. Awaiting disposition.

19. Public Safety Committee Reports (if any)

20. Public Service Committee Reports (if any)

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

21A. The Committee on Development and Governmental Relations to whom was referred an order Community Development – FFY21 CDBG Proposal Summary Recommended that the order be adopted as amended.

21B. The Committee on Development and Governmental Relations to whom was referred an order FFY2021 Spreadsheet Community Development Block Grant Recommended that the order be adopted as amended, and that the resolution be adopted.

22. Charter and Rules Committee Reports (if any)

22A. 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. Recommended that the order has been complied with.

22B. The Committee on Charter and Rules to whom was referred an order Letter from City Solicitor, Crystal Barnes, regarding the procedure and requirements of a citizens petition. Recommended that the order has been complied with.

22C. 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. Recommended that the order has been complied with.

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

MOTIONS, ORDERS AND RESOLUTIONS

24. LISI — that in an effort to document and make transparent the work that the Holyoke Public Schools have done under receivership, the City Council invite in Anthony Soto, Interim Receiver, as well as any cabinet level members, and possibly a representative from DESE to go over the metrics by which our student achievement is being evaluated, an explanation of the progress we have made thus far, and the benchmarks that we need to meet in order to be released from receivership.

25. MCGEE — Ordered, that the City Council issue a proclamation of appreciation to Commander Heriberto Colon Jr for his dedication to local veterans and his service as Commander of DAV Chapter 41 from May of 2019 through May of 2021.

26. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2021 FIREFIGHTER SAFETY EQUIPMENT GRANT PROGRAM, $19,512.22, 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.

27. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “MASSDOT SHARED WINTER STREETS AND SPACES PROGRAM, $72,000, 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.

28. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “COVID-19 VACCINATION CAPACITY AND CONFIDENCE IN PRIORITY COMMUNITIES RESPONSE, $151,192, 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.

29. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND ONE HUNDRED NINETY SIX AND 00/100 Dollars ($5,196.00) as follows:

FROM:
11512-53010 SPECIAL COUNSEL $5,196.00
TOTAL: $5,196.00
TO:
11511-51101 CITY SOLICITOR $5,196.00
TOTAL: $5,196.00

30. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND NINE HUNDRED FIFTY SEVEN AND 00/100 Dollars ($5,957.00) as follows:

FROM:
11512-53010 SPECIAL COUNSEL $5,957.00
TOTAL: $5,957.00
TO:
11511-51101 CITY SOLICITOR $5,957.00
TOTAL: $5,957.00

31. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, ONE THOUSAND EIGHT HUNDRED FIFTY FOUR AND 83/100 Dollars ($1,854.83) as follows:

FROM:
12201-51105 FIREFIGHTER $1,854.83
TOTAL: $1,854.83
TO:
12201-51180 INJURED ON DUTY $1,854.83
TOTAL: $1,854.83

32. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, TEN THOUSAND NINE HUNDRED TWENTY FOUR AND 93/100 Dollars ($10,924.93) as follows:

FROM:
12101-51104 LIEUTENANT $3,807.08
12101-51107 PATROLMEN 7,117.85
TOTAL: $10,924.93
TO:
12101-51180 INJURED ON DUTY $10,924.93
TOTAL: $10,924.93

33. MCGIVERIN — 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:
12101-51107 PATROLMEN $100,000
TOTAL: $100,000
TO:
12101-53000 OVERTIME $100,000
TOTAL: $100,000

34. TALLMAN — that the personnel department work with the mayor to Facilitate a professional development day for department heads

35. TALLMAN — The DPW clean up the graffiti at the Kennedy Park
MCGEE monument.

36. VACON — that in accordance with the law, the Acting Mayor choose one person listed in the March 14, 2020 letter nominating the following three people to fill the Preston Macy seat:
Preston Macy, Keith Davis, Odette Czaplicki

37. VACON — The Mayoral appointments to the board of registrars need to be corrected. By law, only one name from the 2021 list for the Dorothea MacNeil seat can be chosen. The Republican City Committee put forth three names on March 22, 2021: Dorothea MacNeil, Keith Davis, and Marc Hickey. Please issue a letter appointing one individual.

38. GREANEY, JR. — the Holyoke City Council invite a Medical professional from Holyoke Medical Center or Baystate Health to discuss the pros and cons of Marijuana usage and its effect on the community.

39. GREANEY, JR. — The DPW Superintendent provide the City Council with an inventory list of all DPW vehicles that are currently in use and those that are not in use.