City Council 4/6/2021
AGENDA:
PUBLIC HEARING
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 20 Princeton 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) One 45′ Class II Pole on Lincoln St. Holyoke, MA near 41 Taylor St.
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:
Relocate (1) one 40′ pole on dead end of Princeton 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:
(1) One 40′ pole in front of 12 Princeton St. Holyoke, MA
LAID ON THE TABLE
5. 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.
6. 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.
7. 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.
PUBLIC COMMENT
COMMUNICATIONS
8. From Mayor Alex B. Morse letter regarding services and equipment needed to provide spanish interpretation of the City council meetings.
9. From Mayor Alex B. Morse letter reappointing Ms. Miriam Panitch 134 Madison Ave. to serve as a Commissioner of the Planning Board for the City of Holyoke: Ms. Panitch will serve a five-year term; said term will expire on June 30, 2024.
10. From Mayor Alex B. Morse letter reappointing Mr. Morris M. Partee, 127 St. Kolbe Dr. to serve as a member of the Board of Appeals for the City of Holyoke: Mr. Partee will serve a two-year term; said term will expire on July 1, 2023.
11. From Mayor Alex B. Morse letter reappointing Mr. Jeffrey A. Trask, 28 Central Park Dr. to serve as the Emergency Management Director for the City of Holyoke: Mr. Trask will serve a one-year term; said term will expire on May 2022.
12. From Mayor Alex Morse, appointment letter for Bellamy Schmidt
13. From Crystal Barnes Acting City Solicitor letter of Resignation effective April 30, 2021.
14. From Brenna Murphy McGee, MMC and Jeffery Anderson-Burgos minutes of March 2, and March 16, and Special meeting of March 30, 2021.
15. FFY2021 Spreadsheet Community Development Block Grant.
16. From Michael P, McManus, Superintendent Department of Public Works letter re: American Rescue Plan.
17. From Dupere Law Offices letter re: legal Opinion on Retroactive payment to an employee working in an acting position.
18. From Board of Fire Commission minutes of February 18, 2021.
19. From Whiting Street Reservoir Committee Minutes of March 16, 2021.
20. Community Outreach Public Notice for 306 Race Street.
21. From Holyoke Water Works commitment for competitive water rates.
22. From Tighe and Bond Whiting Street Reservoir Dam Improvements.
23. From Nicholas J. Scobbo, Jr. letter Re: Notice of filing and request for Comments: Massachusetts Municipal Wholesale Electric company- DPU-21-29.
24. Final Investigative Report University of Amherst (Alex Morse Matter).
25. From Citizens of Holyoke email regarding 11 Yale St.
PETITIONS
26. Petition for Speed hump at Argyle Ave.
27. Petition of Green Valley Analytics LLC for a Marijuana Testing Facility at 306 Race St.
28. Petition for a second hand license for FYE #725 at 50 Holyoke St.
29. Petition of Tai Woong Kang for a renewal of a Second hand license at 311 High St.
30. Petition of Brad Matthews Jewelers for a renewal of a Second hand license at 2225 Northampton St.
31. Petition of Ivory Billiard Lounge for a renewal for 19 Pool Tables and 1 Billiard Table at 151 Chestnut St.
32. Petition of William F. Sullivan & Co. Inc. for a renewal of a Junk Dealers License at 107 Appleton St.
33. Petition of William F. Sullivan & Co. Inc. renewal of Junk Dealers license at 1-3 Jed Days Landing.
PRESIDENT’S REPORT
REPORTS OF COMMITTEES
34. Ordinance Committee Reports (if any)
34A. The Committee on Joint Committee of City Council and School to whom was referred an order that the City Council invite in School Committee and Receiver to discuss top 100 salaries. Recommended that the order has been complied with.
34B. The Committee on Joint Committee of City Council and School to whom was referred an order that the receiver appear before the joint committee to discuss concerns about students potentially falling behind grade level, and plans being designed to address that once students are fully back into the classroom. Is there a potential, especially in the crucial early grade levels, that students might need to stay within their current grade or receive extensive additional instruction in order to catch up to grade level? What impacts might this have on classroom size, the need for additional teachers, and funding? Recommended that the order has been complied with.
34C. The Committee on Joint Committee of City Council and School to whom was referred an order 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. Recommended that the order has been complied with.
34D. The Committee on Ordinance to whom was referred an order That Schedule B, Compensation for Elected Officials of Chapter 2 of the Code of Ordinances be amended as follows, effective January 1, 2019:
Mayor: $125,000 City Clerk: $90,000 City Treasurer: $85,000
City Council: $12,500 City Council President: $1,000 (in addition to above) Recommended that the order be adopted.
34E. The Committee on Ordinance to whom was referred an order that Section 2-35 of the Code of Ordinances, entitled “Classification and Compensation Plans” be amended to incorporate a new Classification and Compensation Plan, Elected Official Salary Ordinance and Miscellaneous Salary Schedule based upon the results of the HRS Salary Study, and that the current DH, PR and Miscellaneous Salary Schedules, as well as any other amendments previously adopted under this section be repealed. Recommended that the order be adopted.
34F. The Committee on Ordinance to whom was referred an order that the City of Holyoke take up and approve the salary study completed in 2014, and include in its salary revisions salaries of the Mayor, City Council and School Committee Members Recommended that the order be adopted.
34G. The Committee on Ordinance to whom was referred an order That the Ordinance Committee review and potentially amend the residency requirements per the Personnel Directors letter. Recommended that the order be adopted.
34H. The Committee on Ordinance to whom was referred an order 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 statutes. The SJC recently ruled the law to be unconstitutional. Moreover, the Law Dept. is recommending this. Recommended that the order be adopted.
34I. 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 as a traffic safety violation. Recommended that the order be given a leave to withdraw.
35. Finance Committee Reports (if any)
35A. The Committee on Finance to whom was referred an order Communication from Cinder McNerney detailing the General Fund debt model for the City’s Peck School prospective project. Recommended that the order has been complied with.
35B. The Committee on Finance to whom was referred an order Letter from Lori Belanger responding to questions concerning the need to re-bid and procure services for an Owner’s Project Manager (OPM) and Architect for a proposed new middle school. Recommended that the order has been complied with.
35C. 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 “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. Recommended that the order be adopted.
35D. 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 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. Recommended that the order be adopted.
36. Public Safety Committee Reports (if any)
36A. The Committee on Public Safety to whom was referred an order League of Women Voters – Request for Holyoke to join neighboring communities in passing a resolution in opposition to the planned Palmer Biomass Power Plant. Recommended that the order has been complied with.
36B. The Committee on Public Safety to whom was referred an order 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). Recommended that the order has been complied with.
36C. The Committee on Public Safety to whom was referred an order 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.” Recommended that the order has been complied with.
36D. The Committee on Public Safety to whom was referred an order 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. Recommended that the order has been complied with.
37. Public Service Committee Reports (if any)
38. Development and Governmental Relations Committee Reports (if any)
38A. The Committee on Development and Governmental Relations to whom was referred an order DCR Notice of intent to acquire a conservation restriction on parcels of land, approximately 1,465.81 acres, owned by the Town of West Springfield and located at Bear Hole Reservoir and Paucutuck Brook in West Springfield and the City of Holyoke. Recommended that the order be adopted.
38B. The Committee on Development and Governmental Relations to whom was referred an order Special Permit Application for Anthony W. Dominguez at 50 Upland Rd for a non-conforming structure to change property from non-conforming to conforming to use as a storage area for personal storage and for a vehicle. Recommended that the application be approved, with the following condition:
That any lighting would not materially affect the abutters.
38C. The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 60 Hamilton Street (Assessors Map 028, Block 04, Parcel 016) as surplus property available for disposition. Said parcel is identified by the Holyoke. The property is approximately 5,749 square feet in size, zoned Highway Business and has an assessed value of $23,000. Recommended that the order be adopted.
38D. The Committee on Development and Governmental Relations to whom was referred an order That the Honorable City Council, in accordance with M.G.L. ch. 30B and the Holyoke Procurement Ordinance, vote to accept an offer of $6,000 from Gregory M. Virgilio to purchase and 416 Appleton Street which is a vacant lot approximately 2,526 square feet in size. The property is identified in the Holyoke Assessor’s records as Map 061, Block 02, Parcel 014, is zoned Downtown Residential (DR) and has an assessed value of $4,600. Recommended that the order be adopted.
38E. The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council, in accordance with the Holyoke Redevelopment Authority’s urban renewal plan entitled, “Connect. Construct. Create. – A Plan for the Revitalization of Center City Holyoke” which was approved by the Holyoke City Council on December 4, 2012 and as amended on December 15, 2020, vote to approve the transfer of 55 Hamilton Street (Assessors Map 028, Block 03, Parcel 006) to the Holyoke Redevelopment Authority for consideration of $1.00. Said parcel is approximately 3,485 square feet in size, zoned Downtown Residential, has an assessed value of $31,500 and was declared surplus property on June 26, 2018. Recommended that the order be adopted.
38F. The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council, in accordance with the Holyoke Redevelopment Authority’s urban renewal plan entitled, “Connect. Construct. Create. – A Plan for the Revitalization of Center City Holyoke” which was approved by the Holyoke City Council on December 4, 2012 and as amended on December 15, 2020, vote to approve the transfer of 60 Hamilton Street (Assessors Map 028, Block 04, Parcel 016) to the Holyoke Redevelopment Authority for consideration of $1.00. Said parcel is approximately 5,749 square feet in size, Highway Business and has an assessed value of $23,000. Recommended that the order be adopted.
38G. The Committee on Development and Governmental Relations to whom was referred an order that the DGR Committee invite in Jim Welch and the CEO of Mira Vista to discuss the Providence Hospital. Recommended that the order has been complied with.
38H. The Committee on Development and Governmental Relations to whom was referred an order discussion of the minutes from the Whiting Reservoir Study Committee Recommended that the order has been complied with.
39. Charter and Rules Committee Reports (if any)
40. Joint City Council and School Committee Reports (if any)
MOTIONS, ORDERS AND RESOLUTIONS
41. GREANEY, JR. — Ordered that the DPW act as soon as possible to fill in the Pot Holes along Northampton St. from the Lynch School to the Franciscan Monastery.
42. GREANEY, JR. — Ordered that the City Engineer and the DPW expedite placing the speed limit and thickly settled signs on Mountain Rd. as previously discussed in the Public Safety Committee.
43. HERNANDEZ — Order that the city council invite in the city solicitor
MCGEE and personnel director to an executive session to
discuss the emails councilors have received regarding
the DPW.
44. HERNANDEZ — That a handicap sign be placed in front of 251 Walnut St.
45. MCGEE — Order that the legal department come before the city council to get and update on the Yale Street project.
46. MCGEE — Ordered, a resolution that the Holyoke City Council endorses the plan to apply to MSBA to build one middle school for 550 students and has received information from our financial advisors indicating that the city has the capacity to finance the construction.
This resolution was approved by the Joint Committee of the City Council and School Committee on March 17, 2021.
47. MCGEE — Order that the city council approve A RESOLUTION IN
MURPHY OPPOSITION TO STATE INCENTIVES FOR BIOMASS PLANTS
TALLMAN AND TO CONSTRUCTION OF ONE SUCH PLANT IN EAST SPRINGFIELD (see
attached resolution).
48. MCGEE — 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.
49. MCGIVERIN — That the City Council remove the Enterprise Fund status of the Waste Water Treatment Plant.
50. MCGIVERIN — That the City Council issue a proclamation of appreciation to Charlie Lotspeich for his 32 years of service at the Holyoke Heritage State Park.
51. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, FOUR THOUSAND THREE HUNDRED TWENTY SEVEN AND 92/100 Dollars ($4,327.92) as follows:
FROM:
12201-51105 FIREFIGHTER $4,327.92
TOTAL: $4,327.92
TO:
12201-51180 INJURED ON DUTY $4,327.92
TOTAL: $4,327.92
52. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, TEN THOUSAND FOUR HUNDRED FORTY SEVEN AND 19/100 Dollars ($10,447.19) as follows:
FROM:
12101-51104 LIEUTENANT $3,807.08
12101-51107 PATROLMEN 6,640.11
TOTAL: $10,447.19
TO:
12101-51180 INJURED ON DUTY $10,447.19
TOTAL: $10,447.19
53. MCGIVERIN — 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
54. MCGIVERIN — 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
55. MCGIVERIN — 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.
56. MURPHY — Ordered that the joint council/school committee meet with the receiver to discuss the potential benefits of providing cursive writing instruction in some of the early grades. Studies have demonstrated that learning cursive improves fine motor skills; increases brain activity in both the right and left hemisphere; is a helpful tool for those with learning disabilities; and improves hand-eye coordination.
57. MURPHY — Ordered that the city council consider adopting a wage theft ordinance for all contractors doing projects for the city or receiving special tax incentives by the city similar to Easthampton and Springfield with the following purposes: prevent misclassification of employees as independent contractors; assure that employees are paying all payroll taxes and workers compensation premiums; comply with state laws governing the payment of prevailing wages; assure that contractors provide opportunities for Holyoke residents, veterans, people of color and women.
58. MURPHY — Ordered that the city charter be amended so that if there is a vacancy in the mayor’s office and the president of the city council cannot assume the duties full time, the full council would then select another councilor to assume the role of acting mayor by majority vote of the council. The acting mayor would still continue to represent their constituents as a councilor.
59. MURPHY — Ordered that the council work with the city solicitor, the police chief, and our state legislative delegation if needed, to put in place significant penalties for dirt bikers and others endangering the public with their tactics on public streets. This is both a quality of life issue and a public safety issue that needs addressing.
60. MURPHY — Ordered that the DPW plan for paving the High Street roads from Jackson Street to Appleton Street as soon as possible. Please reply to the city council as to when this might be completed.
61. MURPHY — Ordered that the leadership of Holyoke Rows and the parks and recreation director parks commissioners meet with the public service committee to develop a plan to allow more Holyoke youngsters the chance to participate in their summer programming. Can we develop a plan to reduce the $100 weekly fee for a child, and if so, by how much? If not, can we seek out sponsors to provide this opportunity for youngsters despite their inability to pay.
62. MURPHY — Ordered that the board of health, the police and the
SULLIVAN DPW remove the debris which is located adjacent to
the billboard on the southeast intersection of Commercial
and Cabot Streets. Please remove the debris, clear
the brush and wood piled behind the temporary protection,
and specifically to the board of health, work with
social service agencies to see if we can help anyone
using that location. In addition, the DPW should
assign a crew to clean the northeast side of the structure
at 16 Commercial Street which has trash and debris
that needs to be cleared as well.
63. MURPHY — that the ordinance committee meet with the planning
SULLIVAN board & the solicitor, to discuss potential zone changes
which could create more appropriate requirements to
host facilities similar to that proposed at 11 Yale
Street, and meet any state required mandates. Whenever
possible, the city should be empowered to reject proposals
which might negatively impact the neighborhoods and
lead to deteriorating property values and property
taxes. The goal should be to provide excellent facilities
for people in recovery while not negatively impacting
others.
64. SULLIVAN — that DPW install glass display cases in the hallways
MCGEE at city hall in order to display historical items.
65. VACON — That DPW paint the lines in the road marking the two lane left turn at Homestead and Lower Westfield Rd. that have been completely worn away as this is a safety hazard.
66. VACON — Effective March 26, 2021, for the remainder of 2021 or sooner if allowed by the MA General Court, any Acting Mayor, if accepting the Mayor’s salary, shall be paid on a prorated basis if performing the duties part time
67. BARTLEY — The DPW install signage at Gilman and Clark Streets to alert motorists there is No Exit.
68. BARTLEY — The City Forester report to city council’s public safety committee an update on requests for tree remediation proximate to 54 Lawler St. and 219 Suffolk St.
