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Agenda

PUBLIC HEARING

PUBLIC COMMENT

LAID ON THE TABLE

1. From Mayor Joshua Garcia, veto of 2/3 majority vote ordinance

2. MAGRATH-SMITH – Ordered, that the Director of Economic Development and Planning come into the Finance Sub-Committee to discuss the use of cannabis impact fee funds and future implications for us as a city.

3. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, ONE HUNDRED EIGHT THOUSAND SIX HUNDRED NINETY FIVE AND 56/100 Dollars ($108,695.56) as follows:
FROM:
8815-10400 CANNABIS STABILIZATION $108,695.56
.-. UPDATE TO FY2025 .
TOTAL: $108,695.56|
TO:
19412-57630 SOLICITOR – CLAIMS & DAMAGES $108,695.56
TOTAL: $108,695.56

4. The Committee on Ordinance to whom was referred an order That Section 8.1.9 be amended to include the following language after the last sentence: Requirement to submit new technical data
If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
• NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
• NFIP Program Specialist
Federal Emergency Management Agency, Region I
Recommended that the order be adopted.

5. The Committee on Ordinance to whom was referred an order that the Zoning Ordinance, Section 7.8 WIRELESS TELECOMMUNICATION FACILITIES AND ANTENNAS, be amended to include Small Wireless Facilities.
Recommended that the order be adopted.

6. The Committee on Ordinance to whom was referred an order that the position of Chief Administrative and Financial Officer be created and added to Schedule A
Recommended that the order be adopted.

7. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2025, TWO HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($250,000) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $200,000
8812-10400 SEWER STABILIZATION 50,000
TOTAL: $250,000
TO:
60402-53011 SEWER – PROF SERVICES OTHER $200,000
60402-53005 SEWER – LEGAL SERVICES 50,000
TOTAL: $250,000
Recommended that the order be adopted.

8. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2025, FIVE THOUSAND AND 00/100 Dollars ($5,000) as follows:
FROM:
12941-51104 FORESTRY – TREE CLIMBER $5,000
TOTAL: $5,000
TO:
14102-53010 ENGINEERING – PROFESSIONAL SERVICES $5,000
TOTAL: $5,000
Recommended that the order be adopted.

9. DEVINE – That Route 5 from McDonalds through to Hitchcock Street be paved unless this is considered a state road. If considered a state road, that the Dept of Transportation be notified.

10. DEVINE – Ordered, that the DPW put a handicap parking space in front of 420 Dwight Street.

11. DEVINE – Ordered, that Rule 9P be amended so that items not acted on in committee jackets become deemed tabled after 45 “business” days.

12. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, TWENTY TWO THOUSAND TWO HUNDRED FORTY THREE AND 12/100 Dollars ($22,243.12) as follows:
FROM:
12101-51105 SERGEANTS $7,135.36
12101-51107 PATROLMEN 15,107.76
TOTAL: $22,243.12
TO:
12101-51180 INJURED ON DUTY $22,243.12
TOTAL: $22,243.12

13. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, TWENTY TWO THOUSAND FIVE HUNDRED SIXTY NINE AND 45/100 Dollars ($22,569.45) as follows:
FROM:
12101-51105 SERGEANTS $7,135.36
12101-51107 PATROLMEN 15,434.08
TOTAL: $22,569.45
TO:
12101-51180 INJURED ON DUTY $22,569.45
TOTAL: $22,569.45

14. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, THREE THOUSAND SIX HUNDRED SIXTY THREE AND 90/100 Dollars ($3,663.90) as follows:
FROM:
12201-51103 CAPTAIN $3,663.90
TOTAL: $3,663.90
TO:
12201-51180 INJURED ON DUTY – FIRE (PP #4) $3,663.90
TOTAL: $3,663.90

15. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, THREE THOUSAND SIX HUNDRED SIXTY THREE AND 90/100 Dollars ($3,663.90) as follows:
FROM:
12201-51103 CAPTAIN $3,663.90
TOTAL: $3,663.90
TO:
12201-51180 INJURED ON DUTY – FIRE (PP #5) $3,663.90
TOTAL: $3,663.90

16. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, TEN THOUSAND AND 00/100 Dollars ($10,000) as follows:
FROM:
11521-51104 PERSONNEL – HEAD ADMIN CLERK $10,000
TOTAL: $10,000
TO:
11521-51250 PERSONNEL-SEASONAL/TEMP $10,000
TOTAL: $10,000

17. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, FIFTEEN THOUSAND SIX HUNDRED AND 00/100 Dollars ($15,600) as follows:
FROM:
11212-53009 MAYOR CONTRACTED SERVICES $15,600
TOTAL: $15,600
TO:
15411-51106 COUNCIL ON AGING PT CUSTODIAN $15,600
TOTAL: $15,600

18. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, THIRTY THREE THOUSAND AND 00/100 Dollars ($33,000) as follows:

FROM:
14101-51101 PAY-ENGINEER $19,000|
14101-51105 PAY-SR CIVIL ENGINEER 14,000
TOTAL: $33,000
TO:
14102-53010 PROFESSIONAL ENGINEERING SERVICES $33,000
TOTAL: $33,000

19. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, FIVE THOUSAND SIXTY NINE AND 13/100 Dollars ($5,069.13) as follows:
FROM:
11351-51106 AUDIT-PROF ACCOUNTANT HPD $5,069.13
TOTAL: $5,069.13
TO:
11522-53009 PERSONNEL-PROF SERVICES $5,069.13
TOTAL: $5,069.13

20. DEVINE – Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the “HPD EQUIPMENT DONATION: THERMO SCIENTIFIC TRUNARC HANDHELD NARCOTICS ANALYZER, FAIR MARKET VALUE $40,871.91”.
Sec 2-509 – Grant Reporting
Any city department, of which has received grant funding by approval of the city council pursuant to Massachusetts General Laws, or any other authorizing criteria, shall within a reasonable period of time, but no later than 60 days from the conclusion of said grant, generate a detailed report which outlines the planned outcomes with the documented actual results. Said report shall be submitted to the city clerk for addition to the city council’s next agenda.

21. DEVINE – Ordered, that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY EMPG GRANT, $5,000, 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.
Sec 2-509 – Grant Reporting
Any city department, of which has received grant funding by approval of the city council pursuant to Massachusetts General Laws, or any other authorizing criteria, shall within a reasonable period of time, but no later than 60 days from the conclusion of said grant, generate a detailed report which outlines the planned outcomes with the documented actual results. Said report shall be submitted to the city clerk for addition to the city council’s next agenda.

22. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, TWO HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($250,000) as follows:
FROM:
12101-51107 PATROLMEN $200,000
12101-51105 SERGEANT 50,000
TOTAL: $250,000
FROM:
12101-51300 OVERTIME $250,000
TOTAL: $250,000

23. DEVINE – Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, TWENTY TWO THOUSAND THREE HUNDRED SEVENTY EIGHT AND 00/100 Dollars ($22,378) as follows:
FROM:
12101-51103 POLICE CAPTAINS $22,378
TOTAL: $22,378
TO:
12101-51117 DISPATCHERS $17,404
12101-51110 PRINCIPAL CLERKS 4,974
TOTAL: $22,378

24. BARTLEY- The city forester trim tree proximate to 2147 Northampton St. Constituent request. (The last time her requests were ignored – for years – and the elm tree split in two and crashed onto Route 5.)

COMMUNICATIONS

25. Mayor Joshua Garcia, reappointment for Mr. Jorge Colon of 101 St. Kolbe Dr. to serve a five year term on the Holyoke Redevelopment Authority.

26. From City Clerk Brenna Murphy Leary and Admin. Assistant Jeffery Anderson-Burgos, meeting minutes from September 4, 2024

27. From Stephen Superba, NHPR article on sexual harassment scandal

28. From Stephen Superba, letter accompanying Boston Globe article on Cambridge harassment claim

29. From Stephen Superba, August 12, 2024 Boston Globe article on Cambridge harassment claim

30. From Stephen Superba, Email to Mayor Garcia regarding NHPR article on sexual harassment scandal

31. From Stephen Superba, August 12, 2024 Boston Globe article on Cambridge harassment claim

PETITIONS

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

32. The Committee on Ordinance to whom was referred an order that the city council review noise ordinance and require a decibel meter reading before a ticket can be submitted or for music to be asked to be turned down. It is my understanding that the department has the necessary devices to measure readings and we want to be sure that they are being utilized in case citations are challenged in court.
Recommended that the order has been complied with.

33. The Committee on Finance to whom was referred an order that the Library Director and Financial Manager come into City Council to provide an update concerning how the library is responding to the fees associated with the tax exemption issue and the potential impact to services.
Recommended that the order has been complied with.

34. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2025, ONE HUNDRED ELEVEN THOUSAND AND 00/100 Dollars ($111,000) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $111,000
TOTAL: $111,000
TO:
14252-52600 HIGHWAYS R&M STREETS & FIXTURES $111,000
TOTAL: $111,000
Recommended that the order be returned to the Auditor.

35. The Committee on Finance to whom was referred an order The City Engineer redesign and the DPW replace the traffic island proximate to 2 Brown Ave & 274 South St. for the purposes of creating public parking spaces. This is the area that was left after the roadwork to alter Brown Ave. was completed and it’s in need of alterations; the plan to increase parking is supported by the effected residents.
Recommended that the order has been complied with. and be referred to the Mayor and Interim City Engineer

36. The Committee on Public Safety to whom was referred an order With community support, Sylvia Ln residents have expressed health and safety concerns regarding the encampment behind McNulty Park and their cul de sac. There are several houseless people living in this area. There is an abundance of trash and other concerning happenings. Although not as noticeable when trees have full foliage, the fall and winter expose the serious quality of life issues visible for both the housed and unhoused. This must be addressed.
Recommended that the order has been complied with.

37. The Committee on Public Safety to whom was referred an order that the Board of Health and Police dept come to the Public Safety Committee to discuss various issues in the community related to homelessness and how we can work towards better solutions.
Recommended that the order has been complied with.

38. The Committee on Public Safety to whom was referred an order that the board of health/ health Commission please be invited to attend to discuss if changes are possible to the changes to the Tobacco license issuance policy that supports common sense economic growth on a case by case basis and also protects public health. That they also please discuss syringe access and whether common sense changes can be made. Ex: 1 for 1 exchange
Recommended that the order be given a leave to withdraw.

39. The Committee on Public Safety to whom was referred an order Order that Capt. Moriarty provide an updated list of safety options or procedures put in place to deal with security/safety at City Hall, sub committee meetings, and full council meetings.
Recommended that the order has been complied with.

40. The Committee on Public Safety to whom was referred an order , that surveillance cameras be installed in the corridors of City Hall and the Annex.
Recommended that the order has been complied with.

41. The Committee on Public Safety to whom was referred an order that an emergency button be installed in the City Council chamber.
Recommended that the order has been complied with.

42. — The Committee on Public Safety to whom was referred an order that SUEZ and the Holyoke Housing Authority meet with the public safety committee to discuss how to fix the flooding issues that residents from Beaudoin Village have been experiencing for years.
Recommended that the order has been complied with.

43. The Committee on Charter and Rules to whom was referred an order From State Rep. Patricia Duffy, communication regarding Appointed Treasurer position
Awaiting disposition

44. The Committee on Charter and Rules to whom was referred an order From City Clerk Brenna Murphy Leary, letter regarding appointment of City Treasurer
Awaiting disposition

45. The Committee on Charter and Rules to whom was referred an order hat the City Council reconsider its June 4, 2024, Order approving the ballot question regarding the position of the Treasurer. Considering the opinion of the City Clerk, which was made pursuant to information received from the Secretary of the Commonwealth’s office, the Charter change should be done via special legislation as approved by the City Council and Mayor as opposed to the City voters.
Awaiting disposition

46. The Committee on Charter and Rules to whom was referred an order that the City Council adopt the provisions of MGL Chapter 43C for the purpose of changing the position of Treasurer from elected to appointed.
Awaiting disposition

47. The Committee on Charter and Rules to whom was referred an order that the City Council adopt a rule to establish a two-year legislative term. Any orders pending in committee or not acted on by the end of the legislative term must be re-filed at the start of the subsequent legislative term.
Awaiting disposition

48. The Committee on Charter and Rules to whom was referred an order that City Council Rule 9H be amended and re-worded in order to make the process of changing or updating an ordinance a smoother process.
Awaiting disposition

49. The Committee on Charter and Rules to whom was referred an order From Lisa A. Ball, City Solicitor, legal opinion regarding whether a City Council seat is vacated if a ward councilor is elected in one ward and then moves to a different ward during their term in office.
Awaiting disposition

50. The Committee on Charter and Rules to whom was referred an order That the City Solicitor Lisa Ball review section 2-156 & 162 of the charter covering legal opinions and provide a written legal opinion explaining, when is the department allowed to refuse to provide legal opinions?
Awaiting disposition

51. The Committee on Charter and Rules to whom was referred an order Under City Council rules, please add the following: New Rule: Every 2 years after being sworn in, the City Council President shall set the seating arrangements of the City Council. Consideration shall be taken for any legitimate handicap preference.
Awaiting disposition

52. The Committee on Charter and Rules to whom was referred an order that Rule 4B be amended to reflect current practice and open meeting law, clarifying that items for City Council meetings agendas are due at noon, not one o’clock, and adding that a Monday holiday would also change the deadline to Thursday instead of Friday.
Awaiting disposition

MOTIONS, ORDERS AND RESOLUTIONS

53. MAGRATH-SMITH – Ordered that the DPW Director and Parks and Rec Director come into Council to give a report on addressing the issue of the Pulaski Park wall deteriorating, the trees and shrubbery behind the wall not being removed due to issues with Mass DOT and various railroad companies, and what progress is being made in returning Pulaski Park to the “view park” it was designed to be.

54. Murphy-Romboletti- Ordered that the city council amend its rules to identify which committees certain licenses should be sent to, in an effort to ensure consistency and clarity.

55. Murphy-Romboletti- Order that the City Council present proclamations to the following Hall of Fame Inductees:
Michael Athas
Nathan Hernandez
Krzysztof Legowski
Kate McKenna
Maxwell Perez
Selena Yates

56. Murphy-Romobletti- Ordered, that That the Polling Places for each of the voting precincts in the City of Holyoke for the State Election to be held Tuesday, Nov.5, 2024 be and the same are hereby designated as follows:
ORDENA, que los lugares para cada recinto en la Ciudad de Holyoke para la Eleccion Estatal que se llevaran a cabo el Martes, 3 de Noviembre 2020, sea y al igual, por este medio designado lo siguente:

WARD ONE BARRIO UNO

PRECINCT A – Rosary Towers Recreation Room 21 Bowers St..
RECINTO A—Rosary Towers Recreation Room 21 de la Calle Bowers
PRECINCT B—City Hall (Basement) 536 Dwight St.
RECINTO B—City Hall (Basement) 536 de la Calle Dwight

WARD TWO BARRIO DOS

PRECINCT A—Morgan School Gym, South Bridge St. Entrance only
RECINTO A—Gimnasio de la Escuela Morgan, en la Calle So. Bridge solamente
PRECINCT B – Falcetti Towers, 475 Maple St.
RECINTO B – Falcetti Towers, 475 de la Calle Maple

WARD THREE BARRIO TRES

PRECINCT A&B – Metcalf School Gym, 2019 Northampton St..
RECINTO A&B – Gimnasio de la Escuela Metcalf, 2019 de la Calle Northampton

WARD FOUR BARRIOS CUATRO

PRECINCT A& B – St. Paul’s Church Parish Center, Appleton St.
RECINTO A&B – St. Paul’s Church Parish Center, en la Calle Appleton

WARD FIVE BARRIOS CINCO

PRECINCT A – Lt. Elmer J. McMahon School Gym, Kane Rd.
RECINTO A—Gimnasio de la Escuela McMahon, en la Calle Kane
PRECINCT B – Maurice A. Donahue School Gym, Whiting Farms Rd.
RECINTO B—Gimnasio de la Escuela Donahue, en la Calle Whiting Farms

WARD SIX BARRIO SEIS

PRECINCT A&B –Sullivan School, 400 Jarvis Ave.
RECINTO A&B – Escuela Sullivan, 400 de la calle Jarvis

WARD SEVEN BARRIO SIETE

PRECINCT A&B – E. N. White School Gym, 1 Jefferson St.
PRECINTO A&B– Gimnasio de la Escuela E. N. White, 1 de la Calle Jefferson

57. Murphy-Romboletii- Ordered, that the State Election in the City of Holyoke for the choice of State Officers be and the same is hereby called to be held on Tuesday, November 5, 2024, in the several polling places designated by the City Council.
The polls will be opened at 7:00AM, and remain open continuously thereafter until 8:00PM, when the polls will be closed, and all the voters will in the several precincts in which they are entitled to vote, between said hours, give in their votes for:

ELECTORS OF PRESIDENT AND VICE PRESIDENT
ELECTORES DE PRESIDENTE y VICE PRESIDENTE

SENATOR IN CONGRESS
SENADOR EN CONGRESO

REPRESENTATIVE IN CONGRESS
REPRESENTANTE EN EL CONGRESO

COUNCILOR EIGHTH DISTRICT
CONCEJAL

SENATOR IN GENERAL COURT SECOND HAMPDEN & HAMPSHIRE DISTRICT
SENADOR DE LA LEGISLATURA ESTATAL

REPRESENTATIVE IN GENERAL COURT FIFTH HAMPDEN DISTRICT
REPRESENTANTE DE LA LEGISLATURA ESTATAL

REGISTER OF PROBATE

The questions on the November ballot will appear as follows:
• Question 1: State Auditor’s Authority to Audit the Legislature
• Question 2: Elimination of MCAS as High School Graduation Requirement
• Question 3: Unionization for Transportation Network Drivers
• Question 4: Limited Legalization and Regulation of Certain Natural Psychedelic Substances
• Question 5: Minimum Wage for Tipped Workers.

58. Ocasio- order that the DPW replace back the rubber speed hump they took out because it was winter . Never went back and replace with a permit one on Berkshire and Main St.

59. Ocasio- order that the Park And Recs put up sign going up the street, so that no kids get hurt playing etc.(SpeedLimit sign,Slow down, Kids playing. I don’t know if I wrote to the correct department. Feel free and correct if not .This area is very dangerous almost got hit standing in the guys property.

60. Vacon, Jourdain- ORDER: that Holyoke accept the local option excise tax on retail marijuana for adult use of 3% as allowed by State Law.

61. Vacon- ORDER: DPW please trim tree branched that are obstructing the traffic light at Apremont & Rt. 202. This is a safety hazard.

62. Anderson-Burgos- Ordered that the DPW install a Handicap sign at for Hector Torres of 184 Sargeant St.

63. DEVINE, OCASIO – ORDERED: Request that the interim Engineer look at the corner of South Summer and Cabot as to whether a traffic light or red flashing light should be placed on Cabot Street. It is extremely difficult for people to cross the street to and from the Grocery Store with oncoming traffic both ways in addition to traffic turning onto Cabot from South Summer.

64. Devine- Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2025, FIFTY EIGHT THOUSAND FIVE HUNDRED AND 00/100 Dollars ($58,500) as follows:
FROM:
11751-51109 PLANNER II $58,500
TOTAL: $58,500
TO:
11751-51106 PLANNER I $58,500
TOTAL: $58,500

65. Givner- With community support, order that the City of Holyoke create an ordinance of accountability by business owners in the form of public trash bin sponsorships. The idea would be to partner with chains, bodegas, grocery, and convenient stores in an effort to mitigate trash issues in our city.-Ordinance / Copy to Board of Health / Copy to DPW

66. Givner- With community support and in service of our museum goers, order that Wistariahurst museum patron parking signs be added from handicap spaces on Beech to Cabot st, creating no less than 3 designated museum parking spaces in addition to existing handicap spaces.-Ordinance / DPW

67. Givner- As a service to property owners, order that the City of Holyoke create an ordinance of fully transparent timelines and dated building department policies and procedures for Holyoke property owners. In order to hold property owners accountable there must be clear systems that can be followed and enforced.-Ordinance / Building Department

68. Givner- With community support and in service of our museum goers, order to move handicap space from the corner of Beech and Cabot to abutt the paved driveway of Wistariahurst. -Ordinance / DPW

LATE FILED ORDERS AND COMMUNICATIONS

69. From Assistant Superintendent of Fire Alarms Jake Thibeault, letter regarding repairs on South Street
*Added September 16, 2024, 1:27 PM

70. Rivera I.- Order that HPD explore costs and new funding avenues so the department can invest in body cams. With the climate that police have to work in today, it is only fair they and the people they aim to serve are protected.
*Added September 18, 2024, 10:40 AM

71. MURPHY-ROMBOLETTI – Ordered that the City Council present a proclamation to Joe McGiverin in honor of his retirement after over 44 years of service to the city and community.
*Added September 18, 2024, 10:40 AM

72. MURPHY-ROMBOLETTI – Ordered: that the revised Home Rule petition seeking authorization for setting January 28, 2025 as the date for a special municipal election on changing the city charter to provide for an appointed treasurer hereby is approved.
*Added September 18, 2024, 1:20 PM