City Council 5/18/2021

AGENDA FOR THE CITY COUNCIL
May 18,2021

LAID ON THE TABLE

1. Ordered, 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

2. FY2022 Municipal Budget

3. Ordered, 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

4. The Committee on Ordinance to whom was referred an order that handicap spaces on Ivy Ave. be condensed to one space in front of 8 Ivy Ave, to be located on the East side of the street, 90 feet north of Dwight St Recommended that the order be adopted.

5. The Committee on Ordinance to whom was referred an order that the Holyoke Code of Ordinances 7.10 “Marijuana Facilities” be reviewed and amended: including any amendments to definitions, zone requirements, and changes to the permitting process. Recommended that the order be adopted.

PUBLIC COMMENT

COMMUNICATIONS

6. From Acting Mayor Terence Murphy letter reappointing Ms. Mary Louise Monahan, 20 Coit St. to serve as a member of the Board of Appeals for the City of Holyoke: Ms. Monahan will serve a three year term; said term will expire on July 1, 2024.

7. From Acting Mayor Terence Murphy, letter reappointing Christopher H. Gauthier, 1 Taylor St. to serve as a member of the Local Historical Commission for the City of Holyoke: Mr.Gauthier will serve a three year term; said term will expire on May 1, 2024.

8. From Acting Mayor Terence Murphy 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.

9. From Brenna Murphy McGee, MMC and Jeffery Anderson-Burgos, Admin. Ass’t. to City Council minutes of May 4, 2021.

10. From Councilor Libby Hernandez, letter re: Not running for reelection of Ward 4 seat.

11. Communication from Linda Vacon re: objections to manipulations and violations of our rules relative to these transfers.

12. FFY2021 Spreadsheet, Community Development Block Grant.

13. Public Notice Community Development Block Grant COVID-19.

14. Notice of Community Outreach Meeting for Pleasantrees, Inc., Wednesday May 26, 2021.

PETITIONS

15. Petition of Kim Silva, ( Holyoke Turnverein) for a renewal of 1 pool table and 6 bowling alleys at 624 So. Bridge St.

16. Petition of FYE #725 for a renewal of a second hand license at 50 Holyoke St.

17. Petition of Pleasantrees, Inc. f/k/a Herbology Group for a new special permit for a Marijuana Growth Facility at 111 Mosher St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

18. Ordinance Committee Reports (if any)

18A. The Committee on Ordinance to whom was referred an order Special Permit Application for North Country Production, LLC for a marijuana manufacturing enterprise at 12 Crescent St. Recommended that the order be adopted with the following conditions:
1. That the owner of the building always pay the commercial property tax rate to the extent allowed by Federal, State, and Local Laws for the duration of the Special Permit
2. That the business retain a minimum 30% Holyoke residents for non-security jobs
3. That Hiring preference be given to security personnel that are retired Holyoke Police or are a retired member of another police department that now lives in the City of Holyoke
4. There shall be no marijuana consumption allowed on site
5. There shall be no deliveries of retail or medical marijuana from the site to individual homes, residences, or people
6. That hours of operation be set according to city ordinances.

18B. The Committee on Ordinance to whom was referred an order The City of Holyoke ordain a No Left Turn sign into the former K-Mart Plaza from Whiting Farms Rd. (As background, the sign was installed years ago; HPD’s issued many tickets that Judges have dismissed because Holyoke never ordained the sign into law.) Refer to Ordinance Committee, Law Dept for legal language. Recommended that the order be adopted.

19. Finance Committee Reports (if any)

19A. The Committee on Finance to whom was referred an order Mackenzie Stadium Lease, between the City of Holyoke, Parks & Recreation Department and Commission and Valley Blue Sox Foundation, Inc. Recommended that the order be adopted.

19B. The Committee on Finance to whom was referred an order Petition for a new Junk Dealer’s License for Luis Nieves at 2 Harrison Ave Recommended that the order be adopted.

19C. The Committee on Finance to whom was referred an order Petition of ECOATM, LLC for a new second hand license at 2261 Northampton St. Recommended that the order be adopted.

19D. The Committee on Finance to whom was referred an order Petition of ECOATM, LLC for a new second hand license at 250 Westfield Rd. Recommended that the order be adopted.

19E. The Committee on Finance to whom was referred an order That loan order of the City Council adopted on March 2, 2021, and approved by the Mayor on March 9, 2021, which order appropriated, by borrowing, $1,216,500 for the purchase of Department of Public Works and Fire Department vehicles, is amended to also permit the expenditure of any funds in excess of the amounts needed to purchase the vehicles originally described therein, to purchase a front end loader. Recommended that the order be adopted.

19F. 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 THOUSAND FOUR HUNDRED THREE AND 00/100 Dollars ($1,403.00) as follows:
FROM:
11751-51109 SENIOR PLANNER $1,403.00
TOTAL: $1,403.00
TO:
11712-53020 CT RIVER CHANNEL MARKER $1,403.00
TOTAL: $1,403.00 Recommended that the order be adopted.

19G. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, SIX HUNDRED EIGHTY NINE AND 00/100 Dollars ($689.00) as follows:
FROM:
11211-51103 AIDE TO MAYOR $689.00
TOTAL: $689.00
TO:
11511-51101 CITY SOLICITOR $689.00
TOTAL: $689.00 Recommended that the order be adopted.

19H. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2021, TWENTY ONE THOUSAND FIVE HUNDRED SIXTY NINE AND 00/100 Dollars ($21,569.00) as follows:
FROM:
12101-51590 COURT $21,569.00
TOTAL: $21,569.00
TO:
1116-10400 FY19 SUSTAINED TRAFFIC ENF $4,308.24
1166-10400 FY19 PEDESTRIAN/BICYCLIST SAFE 871.51
1348-10400 2018 MEMA HOMELAND SECURITY 3,779.38
1397-10400 EMD & TRNG 1,258.44
1436-10400 FY20 TRAFFIC ENFORCEMENT 343.87
1446-10400 DIVERTING JUVENILES 5,349.06
1447-10400 2019 TRAFFIC ENFORCEMENT & EQUIP 3,056.50
1461-10400 2018 TRAFFIC 2,353.46
1462-10400 2018 SUS TRAFFIC ENFORCEMENT 248.54
TOTAL: $21,569.00 Recommended that the order be adopted.

19I. The Committee on Finance to whom was referred an order 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. Recommended that the order has been complied with.

19J. The Committee on Finance to whom was referred an order That the City Council meet with DPW Superintendent to discuss bonding for replacement of vehicles. Recommended that the order has been complied with.

19K. The Committee on Finance to whom was referred an order that, the Water Department working in conjunction with the Environmental Police submit a report to the City Council itemizing the fines for dogs in the Cities reservoirs and fishing In the Reservoirs, as well.
Please submit this report monthly or for the remainder of the time the City has retained the Environmental Police. Recommended that the order has been complied with.

19L. The Committee on Finance to whom was referred an order that the city council encourage the mayor to appropriate a percentage of the yearly interest from the stabilization account in order to make sure that projects needed around the city will be funded and completed as soon as possible. Projects such as West Glen St, estimated at $35,000-$40,000, sidewalks on Woods Ave, and potentially on Northampton St, the intersection of Apremont Hwy and Rock Valley Rd, sidewalk on St Jerome and Dwight St corner should be included, as well as other sidewalks etc. The goal of this is to get these projects which impact the quality of life throughout the city not be delayed because of lack of funds, when in fact the stabilization fund continues to grow. Recommended that the order has been complied with.

20. Public Safety Committee Reports (if any)

20A. The Committee on Public Safety to whom was referred an order that the city council approve A RESOLUTION IN OPPOSITION TO STATE INCENTIVES FOR BIOMASS PLANTS AND TO CONSTRUCTION OF ONE SUCH PLANT IN EAST SPRINGFIELD Recommended that the order be adopted.

20B. The Committee on Public Safety to whom was referred an order 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. Recommended that the order has been complied with.

20C. The Committee on Public Safety to whom was referred an order that the public safety committee invite in Jim Lavelle and/or a representative of the HG&E with regard to the Valley Heights Street area. Recommended that the order has been complied with.

20D. The Committee on Public Safety to whom was referred an order The disabilities commission for the City of Holyoke consider creating signage that is age-appropriate for resident who require it. For example, a sign that reads, “SLOW, Autistic Child” is not appropriate for a person in her mid-thirties. Holyoke can and should be a leader in this regard. Refer to Public Safety Committee and copies to Disabilities Commission, DPW and acting Mayor. Recommended that the order has been complied with.

20E. The Committee on Public Safety to whom was referred an order 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)pole on Valley Heights near 36 & 39 Valley Heights, Holyoke MA Verizon will remove backyard poles after all parties electrical & communication services are relocated to the street. Removals will occur as soon as possible and may require permission from private land owners for temporary removal of existing structures, such as fences or other obstructions, in order to access the back yard poles Recommended that the order has been complied with.

20F. The Committee on Public Safety to whom was referred an order Verizon New England, Inc. and Holyoke Gas & Electric Department, request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways:
Valley Heights Street: Place one (1) jointly owned pole numbered T.8-3/E.1-1N on the easterly side of Valley Heights street at a point approximately three hundred (300) feet northerly from the center line of Lincoln St.
Valley Heights Street: Place one (1) jointly owned pole numbered T.8-4/E.1-2N on the easterly side of Valley Heights Street at a point approximately four hundred fifty (450) feet northerly from the center line of Lincoln St.
Valley Heights Street: Place one (1) jointly owned pole numbered T.8-5/E.1-3N on the easterly side of Valley Heights Street at a point approximately six hundred ten (610) feet northerly from the center line of Lincoln St.
Valley Heights Street: Place one (1) Jointly owned pole numbered T.8-6/E.1-4N on the easterly side of Valley Heights Street at a point seven hundred fifty five (755) feet northerly from the center line of Lincoln St.
Valley Height Street: Place one (1) jointly owned pole numbered T.8-7/E.1-5N on the easterly side of Valley Heights Street at a point approximately nine hundred (900) feet northerly from the center line of Lincoln St.
Valley Heights Street: Place one (1) jointly owned pole numbered T.8-8/e.1-6N in the middle of the cul-de-sac at the northerly end of Valley Heights Street at a point approximately nine hundred seventy (970) feet northerly from the center line of Lincoln St.
Reason: Place six (6) jointly owned pole on Valley Heights Street to provide the distribution of intelligence and telecommunications and for the transmission of high and low voltage electric current. Recommended that the order has been complied with.

20G. The Committee on Public Safety to whom was referred an order Parking on Rt. 202 near the Appalachian trail signs is creating a safety hazard. Invite conservation/state and other parties to meet to locate a safe parking area for hikers and consider removing trail signs from roads where parking is prohibited. Recommended that the order has been complied with.

21. Public Service Committee Reports (if any)

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

23. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

25. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 12 Main Street (Assessors Map 033, Block 04, Parcel 013) as surplus property available for disposition. The property is approximately 5,141 square feet in size, zoned General Industry (IG) and has an assessed value of $15,800.

26. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 22 Main Street (Assessors Map 033, Block 04, Parcel 012) as surplus property available for disposition. The property is approximately 2,614 square feet in size, zoned General Industry (IG) and has an assessed value of $2,400.

27. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare the parcel on High Street identified as Assessors Map 012, Block 01, Parcel 009 as surplus property available for disposition. The property is approximately 3,615 square feet in size, zoned Downtown Business (BC) and has an assessed value of $21,600.

28. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare the parcel on High Street identified as Assessors Map 012, Block 01, Parcel 010 as surplus property available for disposition. The property is approximately 4,443 square feet in size, zoned Downtown Business (BC) and has an assessed value of $30,900.

29. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 394 High Street (Assessors Map 011, Block 04, Parcel 014) as surplus property available for disposition. The property is approximately 4,095 square feet in size, zoned Downtown Business (BC) and has an assessed value of $21,900.

30. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 400 High Street (Assessors Map 011, Block 04, Parcel 013) as surplus property available for disposition. The property is approximately 3,833 square feet in size, zoned Downtown Business (BC) and has an assessed value of $24,200.

31. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 588 High Street (Assessors Map 010, Block 01, Parcel 020) as surplus property available for disposition. The property is approximately 2,222 square feet in size, zoned Downtown Business (BC) and has an assessed value of $14,800.

32. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 297 Elm Street (Assessors Map 004, Block 04, Parcel 005) as surplus property available for disposition. The property is approximately 6,360 square feet in size, zoned Downtown Residential (DR) and has an assessed value of $32,500.

33. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 301 Elm Street (Assessors Map 004, Block 04, Parcel 006) as surplus property available for disposition. The property is approximately 6,316 square feet in size, zoned Downtown Residential (DR) and has an assessed value of $32,500.

34. BARTLEY — Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 297 Elm Street (Assessors Map 004, Block 04, Parcel 007) as surplus property available for disposition. The property is approximately 8,276 square feet in size, zoned Downtown Residential (DR) and has an assessed value of $32,900.

35. BARTLEY — The City’s law department please clarify City Council Rule 66. Specifically, is a vote based on the number of councilors elected or the number of councilors present? Here is the rule: RULE 66: Quorum, Simple Majority and Supermajority-Definitions • A Quorum of the Council or any of its committees shall consist of a simple majority of the entire membership. • All votes of the Council requiring a majority shall require a majority of the entire membership. • All votes of a Council Committee requiring a majority shall require a majority of those members present. All votes of the Council or any of its committees requiring a 2/3 or more super majority shall require that same super majority of the entire membership.

36. LISI — that the City Council invite in Jim Lavelle from the HG&E and any commissioners as appropriate for an update on the nature and impact of the natural gas moratorium in Holyoke, and discuss any opportunities available for ensuring that we have the natural gas capacity we need in order to grow.

37. LISI — That the City Council review the Fire Department plan review fee for monitored fire alarm systems

38. MCGIVERIN — That the City of Holyoke appropriate the amount of Seven Million Four Hundred Seventy One Thousand Six Hundred Fifty Four Dollars ($7,471,654) for the purpose of paying costs of:

Partial roof replacement at the Lt. Clayre Sullivan Elementary School, a 112,000 square foot school building originally constructed in 1960, and located at 400 Jarvis Avenue, Holyoke, Massachusetts,
·
Partial roof replacement at the Maurice A. Donahue School, a 70,550 square foot school building originally constructed in 1972 and located at 210 Whiting Farms Rd., Holyoke, Massachusetts, and
·
Partial roof replacement at the E.N. White School, a 63,965 square foot school building constructed in 1958 and located at 1 Jefferson Street, Holyoke, Massachusetts,

including the payment of all costs incidental or related thereto (the “Project”), which proposed repair project would materially extend the useful life of the school(s) and preserve an asset that otherwise is capable of supporting the required educational program, and for which the City of Holyoke has applied for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of The Holyoke City Council. To meet this appropriation the City Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority. The City of Holyoke acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and if the MSBA’s Board of Directors votes to invite the City to collaborate with the MSBA on this proposed repair project, any project costs the City of Holyoke incurs in excess of any grant that may be approved by and received from the MSBA shall be the sole responsibility of the City of Holyoke, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City of Holyoke and the MSBA provided further that any grant that the City of Holyoke may receive from the MSBA for the Project shall not exceed the lesser of (1) Eighty (80) percent ( %) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA.
.

Any premium received 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 G.L. c. 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

The City Treasurer is authorized to file an application with the appropriate officials of The Commonwealth of Massachusetts (the “Commonwealth”) to qualify under Chapter 44A of the General Laws any and all bonds or notes of the City authorized by this order and to provide such information and execute such documents as such officials of the Commonwealth may require in connection therewith.

39. MCGIVERIN — Ordered that the sum of $1,351,250 is appropriated to pay the costs of building demolition at the following City of Holyoke properties: 145 Brown Avenue, 16 Commercial Street, 345 Dwight Street, 84 Newton Street, 144 High Street, 106 Pine Street, and 246 Lyman Street, and the payment of all costs incidental and related thereto, 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 or convenient 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.

40. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2021, FOURTEEN THOUSAND TWO HUNDRED SIXTY NINE AND 07/100/100 Dollars ($14,269.07 ) as follows:

FROM:
12101-51104 LIEUTENANT $3,807.08
12101-51107 PATROLMEN 7,166.01
12101-51105 SERGEANT 3,295.98
TOTAL: $14,269.07
TO:
12101-51180 INJURED ON DUTY $14,269.07
TOTAL: $14,269.07

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

FROM:
16101-51275 SALARY STUDY $16,000
16101-51102 REFERENCE LIBARY ASSISTANT 7,000
16101-51113 ASSISTANT DIRECTOR 27,000
TOTAL: $50,000
TO:
19191-51999 POLICE/FIRE INDEMNIFICATION $25,000
19121-51999 WORKERS COMP 25,000
TOTAL: $50,000

42. MURPHY — Ordered that the joint committee of city council and school committee meet to discuss potentially transferring school property on the Dean campus at the intersection of St Vincent and Northampton St to the city for the potential purpose of constructing some homes, and making the streets and sidewalks safer for all, while producing some tax revenues.

43. MURPHY — Ordered that the finance committee consider a potential proposal from “Viewpoint with Dennis Quaid to include Holyoke on the public television series, “Great Places to Live, Work & Visit.” Consideration needs to be given to the potential marketing benefits in terms of economic development and tourism against the potential cost to subsidize the production.

44. SULLIVAN — Ordered, that The City of Holyoke, through its Honorable
BARTLEY City Council and Honorable Mayor hereby petition the
GREANEY, JR. Massachusetts General Court to enact Legislation to
establish a process for recalling elected officials
in the City of Holyoke, and that said Legislation
be entitled:

AN ACT PROVIDING FOR THE RECALL OF
ELECTED OFFICIALS IN THE CITY OF HOLYOKE

and that
said act read as follows see attached:

45. VACON — Install a street sign for Holy Family Road at the intersection of Lower Westfield Road.

46. VACON — that the setting of the sewer rate be returned from
BARTLEY the City Council to the DPW Commission where it had
been previously determined.

47. HERNANDEZ — That a handicap sign be removed from the front of 143 Oak St.

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