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Holyoke City Council Meeting October 17, 2023

OctOctober 17 2023

7:00pm Holyoke City Council Chambers

536 Dwight St, Room 11, Holyoke, MA 01040

Pursuant to the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18-25,
and Chapter 2 of the Acts of 2023
notice is hereby given that there will be regular meeting of the
Holyoke City Council

Tuesday, October 17, 2023
7:00PM

Meeting will take place at Holyoke City Hall, 536 Dwight St
and can also be accessed remotely via www.zoom.us
https://us02web.zoom.us/j/83675284572?pwd=eUowdmxXVUJlMGJTaHJ3L0VFQ2IzUT09
Meeting ID: 836 7528 4572 Meeting Passcode: 845022 or by call in at 1 (646) 558-8656 with same Meeting ID and Passcode.

Live Spanish interpretation will be available on local access channel 15 using the television’s SAP option, through the live stream on the city website, as well as on the Zoom feed by clicking the interpretation option and choosing Spanish.

Agenda

AGENDA FOR THE CITY COUNCIL
October 17,2023

LAID ON THE TABLE

1. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2024, SIX THOUSAND AND 00/100 Dollars ($6,000.00) as follows:
FROM:
12101-51117 E911 DISPATCHERS $6,000.00
TOTAL: $6,000.00
TO:
12101-51910 STIPENDS $6,000.00
TOTAL: $6,000.00 Recommended that the order be adopted.

PUBLIC COMMENT

COMMUNICATIONS

2. From Mayor Joshua A. Garcia letter reappointing Ms. Daphne Board, 197 Pine St. to serve as a member of the Holyoke Redevelopment Authority: Ms. Board will serve a five year term; said term will expire on November 1, 2028.

3. From Mayor Joshua A. Garcia, letter reappointing Dr. Tiffany B. Curtis, 285 Hampden St. to serve as a member on the Library Board of Directors for the City of Holyoke: Dr. Curtis will serve a three year term; said term will expire on February 2026.

4. From Mayor Joshua A. Garcia letter appointing Ms. Rosanna A. Lopez, 253 Sargeant St. to serve as a member of the Board of Appeals for the City of Holyoke: Ms. Lopez will replace Ms. Mary Monahan and will serve Ms. Monahan’s remainder term; said term will expire on July 1, 2024.

5. From Lisa Ball, City Solicitor letter re: Outside Counsel on Litigation involving Salmar v. Holyoke Planning Board December 2022-Present.

6. From Lisa Ball, City Solicitor, Agreement between The City of Holyoke and Local Union No. 1693 of the International Association of Firefighters, AFL-CIO.

7. From Lisa Ball, City Solicitor Settlement agreement by and between the City of Holyoke and the Holyoke firefighters Local 1693.

8. From Brenna Murphy McGee, MMC & Jeffery Anderson-Burgos minutes of Special meeting on September 20, 2023 and regular meeting of October 3, 2023.

9. Decision and Order on Plaintiffs Motion for Preliminary Injunction.

10. From Councilor Bartley, Resolution in Support of Paint Stewardship Legislation.

11. Western Mass District Proposal for Veterans Services.

PETITIONS

12. Petition of Camrac LLC d/b/a Enterprise Rent a Car, for a Outdoor Sales lot for new and used motor vehicles and trucks, and marine and recreational vehicles (7.2.13) at 7 Cray Ave.

13. Petition of Zachary Bruneau, for a non conforming use (4.7.3.) at 15 Brookline Ave.

14. Petition of O’Connell Professional Nurse Service, Inc. d/b/a O’Connell Care at Home for a special permit for Professional Office Overlay District (8.4.0) at 1763 Northampton St.

15. Petition of Ward 5 residents for a crosswalk on Kane Road.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

16. Ordinance Committee Reports (if any)

17. Finance Committee Reports (if any)

17A. The Committee on Finance to whom was referred an order From Mayor Joshua A. Garcia letter of Veto for the CPA ballot question to be placed on the November 2023 local election. Recommended that the order be referred back to the full Council to be received.

17B. The Committee on Finance to whom was referred an order provisions of the “FY2024 STATE 911 DEPARTMENT TRAINING GRANT PROGRAM, $25,013.16, 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.

17C. 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 “FY2024 JAIL/ARREST DIVERSION PROGRAM GRANT, $45,000, 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. Recommended that the order be adopted.

17D. 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 “FY24 EEA MUNICIPAL VULNERABILITY PREPAREDNESS PROGRAM-ACTION GRANT, $141,680, 25% 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. recommended that the order be adopted.

17E. The Committee on Finance to whom was referred an order that the ballot question approved by the City Council be placed on the ballot on November 4, 2024 as referenced in the 9/26/23 decision by Judge Mulqueen.
Ballot Question
Shall the City of Holyoke amend the current Community Preservation Act real estate surcharge, as established in accordance with the provisions of Section 3 of Chapter 44B of the Massachusetts General Laws, and which amendment of such surcharge is permissible pursuant to Section 16 of Chapter 44B of the Massachusetts General Laws, and approved by its legislative body, from 1.5% to 1.0%, a summary of which appears below?
(with revised dates)
8
Community Preservation Act Ballot Question and Draft Summary
Ballot Question
Shall the City of Holyoke amend the current Community Preservation Act real estate surcharge, as established in accordance with the provisions of Section 3 of Chapter 44B of
the Massachusetts General Laws, and which amendment of such surcharge is permissible pursuant to Section 16 of Chapter 44B of the Massachusetts General Laws, and approved by its legislative body, from 1.5% to 1.0%, a summary of which appears below?
Summary of Question
On October 3, 2023, the City Council voted, without taking a position, to place a question on the ballot which will allow voters to reduce the current Community Preservation Act real estate surcharge from 1.5% to 1.0%.. The question will be approved, and the real estate surcharge shall be so reduced, if a majority of the voters voting on the ballot question
vote “yes”. The question will not be approved, and the real estate surcharge shall remain the same, if a majority of the voters voting on the ballot question vote “no”
On November 8, 2016, the voters of the City of Holyoke voted to accept Sections 3 to 7 of Chapter 44B, known as the Community Preservation Act (hereinafter referred to as the “Act’*). By accepting the Act, a funding source was established to enable the City of Holyoke to: (1) acquire, create and preserve open space, which includes land for parks, playgrounds and athletic fields; (2) acquire, preserve and rehabilitate historic resources such as historic community buildings and artifacts; and (3) acquire, create, and preserve
and support community housing to help local families meet their housing needs. By accepting the Act, a surcharge of 1.5% was assessed on real estate on an annual basis beginning in Fiscal Year 2018. Exempted from the surcharge are: (1) property owned and occupied as a domicile by any person who would qualify for low income housing or low or moderate income senior housing in the City of Holyoke, as defined in Section 2 of the Act; (2) $100,000 of the value of each taxable parcel of residential real property; and (3) $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said chapter 59. A taxpayer receiving a regular property tax abatement or exemption will also receive a pro rata reduction in the surcharge. Any taxpayer seeking a low income or senior exemption shall apply for said exemption annually to the City of Holyoke. Recommended that the order be adopted, amending “October 3” to “October 17”

17F. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2024, THIRTY THOUSAND 00/100 Dollars ($30,000) as follows:
FROM:
14251-51105 PAY-POWER SHOVEL OPERATOR $10,000
14301-51106 PAY-WASTE RECYCLE COORDINATOR 10,000
14101-51105 PAY-SR CIVIL ENGINEER 10,000
TOTAL: $30,000
TO:
14102-53010 PROFESSIONAL ENGINEERING SERVICES $30,000
TOTAL: $30,000 Recommended that the order be adopted.

17G. The Committee on Finance to whom was referred an order That there be and is hereby appropriated by transfer in the fiscal year 2024, TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000) as follows:
FROM:
8810-10400 CITY STABILIZATION $250,000
TOTAL: $250,000
TO:
11212-53009 MAYOR’S CONTRACTED SERVICES
TOTAL: $250,000 Recommended that the order be returned to the Auditor.

17H. The Committee on Finance to whom was referred an order that the law dept. provide the City Council with legal opinion and related documentation ensuring that the CPA committee and City of Holyoke are not violating anti-aid amendment (Mass. Const. Amend. Article 46, § 2, as amended by sewerArticle 103) by providing various CPA dollars to private parties including but not limited copies of all historic preservation restrictions placed on all property deeds, copies of public access agreements for all recipients, copies of mandatory re-payment requirements if property is sold, and related. Please confirm compliance with the state law for all recipients including by for-profit entities and inform us if recipients are advised that such safeguards are required. The City Council will want to review to all paperwork to ensure all legal safeguards are in place to ensure compliance with the law. Recommended that the order has been complied with.

18. Public Safety Committee Reports (if any)

19. Public Service Committee Reports (if any)

19A. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Katie Hopkinson, 87 Pearl St. to serve on the Local Historic District effective immediately; Ms. Hopkinson will replace Christine Berge and will serve a three year term; said term will expire on July 1, 2026. Recommended that the appointment be confirmed.

19B. The Committee on Public Service to whom was referred an order From Michael D. Bissonnette, Associate Solicitor opinion regarding Elected official appointment to Retirement Board. Recommended that the order has been complied with.

19C. The Committee on Public Service to whom was referred an order That the law department provide the opinion that has been pending, for months, to the next public service committee meeting, regarding the ethics concerns around the Council Presidents appointment by the mayor to the retirement board. That they please address all concerns, mgl 286a sec 20 and the 6 month waiting period after leaving office. Thank you. Recommended that the order has been complied with.

19D. The Committee on Public Service to whom was referred an order that the Veterans Services Director be invited to describe the development of a regional Veterans Services District in collaboration with surrounding communities, and that the City Council approve the district as a way to improve service to veterans in the region by sharing knowledge, experience, and resources between the participating communities. Recommended that the order has been complied with, and that the Veterans Services District be approved.

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

21. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

23. MCGEE — That the Biennial Municipal Election in the City of Holyoke for the choice of City Officers be and the same is hereby called to be held on Tuesday, November 7, 2023 in the several polling places as designated by the City Council. The polls will be opened at 7:00 am. in the forenoon and closed at 8:00 PM. in the afternoon of said day, and all the voters in the several precincts in which they are entitled to vote, between said hours, may cast their votes by voting machines and paper ballots for the election of:
Que las Elecciones Municipal (Biennial) en la Cuidad de Holyoke, para el escojer de oficiales de la cuidad, sera llevado a cabo el Martes, 7 de Noviembre 2023 en los varios barrios, designados por la Assambleista Municipal. Los precintos estaran abiertos a las 7:00 a.m. de la manana y permaneceran abierto hasta las 8:00 p.m., cuando los precintos sean designado para votar en las horas dicha y haigan dado sus votos por medio de las maquinas de eleccion o por boletos de papel, para la eleccion de:

TREASURER, to serve for the term of four years, from the first Monday in January following his election, and until his successor is qualified.
TESORERO, para servir por un termino de cuatro anos, desde el primer Lunes de Enero, despues de las elecciones, O’hasta que su sucesor sea cualificado.

ONE MEMBER OF THE SCHOOL COMMITTEE AT-LARGE to serve for the term of four years, from the first Monday in January following his/her election, and until his/her successor is qualified.
UN MIEMBRO DE EL COMITE DE ESCUELA EN-GENERAL, para servir por un termino de cuatro anos, desde el primer lunes en Enero, despues de las elecciones, O’hasta que su sucesor sea cualificado.

SIX COUNCILORS AT LARGE, to serve for the term of two years, from the first Monday in January following their election, and until their successors are qualified.
SEIS, ASAMBLEISTAS EN-GENERAL, para servir un termino de dos anos, desde el primer lunes de Enero, despues de las elecciones, O’hasta que su sucesor se cualificado.

ONE COUNCILOR FROM EACH WARD, by and from the voters of each ward, to serve for the term of two years, from the first Monday in January following their election, and until their successors are qualified.
UN ASAMBLEISTA DE CADA BARRIO, por los votantes de cada barrio, para servir por el termino de dos anos, desde el primer lunes de Enero despues de elecciones, O’hasta que su sucesor se cualificado.

ONE MEMBER OF THE SCHOOL COMMITTEE FOR EACH WARD, by and from the voters of each ward, to serve for the term of two years, from the first Monday in January following their election, and until their successors are qualified.
UN MIEMBRO DE EL COMITE DE ESCUELA DE CADA BARRIO, por los votantes de cada barrio, para servir un termino de dos anos, desde el primer lunes de Enero, despues de las elecciones, O’hasta que su sucesor sea cualificado.

24. MCGEE — That the Polling Place for each of the voting precinct in the City of Holyoke for the Municipal Election to be held Tuesday, November 7, 2023, be and the same are hereby designated as follows:

ORDENA, que los lugares para cada recinto en la Ciudad de Holyoke para las Elecciones Municipal Esta que se llevaran a cabo el Martes, 7 de Noviembre 2023 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— Holyoke City Hall, 536 Dwight St.
RECINTO B— Holyoke City Hall, 536 Dwight St

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, 2019 Northampton St,
RECINTO A & B – Gimnasio de la Escuela Metcalf, 2019 de la Calle Northampton

PRECINCT B – Metcalf School Gym, 2019 Northampton St.
RECINTO 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

25. MCGEE — That the City Council meeting of November 7, 2023
GIVNER be rescheduled due to the Municipal Election.

26. MCGEE — Order that a raised cross walk be installed at Kane and Clayton and a more visible/arch crosswalk sign be installed for safety purposes.

27. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, TWO HUNDRED FIFTY SIX THOUSAND AND 00/100 Dollars ($256,000) as follows:

FROM:
8811-10400 CAPITAL STABILIZATION $256,000
TOTAL: $256,000
TO:
12103-58002 CAPITAL OUTLAY – HPD OTHER EQUIPMENT $256,000
…-… SURVEILLANCE EQUIPMENT …
TOTAL: $256,000

28. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, THREE HUNDRED THOUSAND AND 00/100 Dollars ($300,000) as follows:

FROM:
12101-51107 PATROLMEN $300,000
TOTAL: $300,000
TO:
12101-51300 OVERTIME $300,000
TOTAL: $300,000

29. MCGIVERIN — That the City appropriate the amount of twelve million, seven hundred eight thousand,
seven hundred seventy-five dollars ($12,708,775) for the purpose of paying costs of the
construction at the H.B. Lawrence School for a potential window and door replacement
project, at the Lt. Elmer J. McMahon Elementary School for a window and door
replacement project, at the Maurice A. Donahue Elementary School for a partial window
and door replacement project and at the William J. Dean Vocational Technical High
School for a boiler replacement project, (The invitation for the partial window and door
replacement project at the Maurice A. Donahue Elementary School is limited to the
window section from the original 1973 building.) including the payment of all costs
incidental or related thereto, and for which the City may be eligible for a grant from the
Massachusetts School Building Authority (“MSBA”), said amount to be expended under
the direction of the School Committee. To meet this appropriation the Treasurer, with
the approval of the Mayor is authorized to borrow said amount under and pursuant to
M.G.L. Chapters 44, 70B, or pursuant to any other enabling authority. The City
acknowledges that the MSBA’s grant program is a non-entitlement, discretionary
program based on need, as determined by the MSBA, and any project costs the City
incurs in excess of any grant approved by and received from the MSBA shall be the
sole responsibility of the City; provided further that any grant that City may receive from
the MSBA for the Project shall not exceed the lesser of (1) eighty percent (80%) of
eligible, approved project costs, as determined by the MSBA, or (2) the total maximum
grant amount determined by the MSBA; provided that any appropriation hereunder shall
be subject to and contingent upon the City being awarded a grant from the MSBA for
the Project; 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 and the MSBA and the amount of any ESSER
reimbursement payments received by the City.
FURTHER ORDERED: 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 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 there shall be no change in the purpose of this bond
authorization without prior vote of approval by the Holyoke City Council

30. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2024, TWENTY FOUR THOUSAND SEVEN HUNDRED THREE AND 83/100 Dollars ($24,703.83) as follows:

FROM:
12101-51105 SERGEANTS $13,990.88
12101-51107 PATROLMEN 10,712.95
TOTAL: $24,703.83
TO:
12101-51180 INJURED ON DUTY $24,703.83
…-… PAYROLL 9/30/2023 …
TOTAL: $24,703.83

31. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2023 BJA EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM, $40,949, 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.

32. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2023 BJA COMPREHENSIVE OPIOID, STIMULANT, AND OTHER SUBSTANCE ABUSE PROGRAM, $1,000,000, 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.

33. MURPHY-ROMBOLETTI — Ordered, that the City Council approve the Resolution for the Certified Housing Development Incentive Program (HDIP) Project including a Local Tax Increment Exemption (TIE) Agreement with Wrights Block LLC for the redevelopment of 106 – 120 High Street (Assessors Map  013, Block 01, Parcel 006) into downtown market rate housing.

34. PUELLO — That a crosswalk please be painted between Capri Pizaa and Key Foods to assist with heavy pedestrian traffic crossing.

35. PUELLO — That tapestry please consider providing (at minimum) quarterly needle collection data to the city council in communications. Constituents continue to find needles on the sidewalk surrounding Lawrence school and it’s playground. With photos

36. PUELLO — That the police department please provide a list, with events and dollar amounts that have received police details/paid overtime during the last 6 months. Private businesses popular with leadership, making profit should not have their OT details paid for by tax dollars when public community events have had to budget their own funds in the past.

37. PUELLO — That the City Solicitor Lisa Ball review section 2-162 of the charter covering legal opinions and provide a written communication explaining, when is the department allowed to refuse to provide legal opinions?

38. VACON — Ordered, That the City of Holyoke, through its Honorable
JOURDAIN City Council and Honorable Mayor, hereby petitions
the Massachusetts General Court to enact legislation
“Establishing
an Appointed Treasurer for the City of Holyoke” in
the form set forth below; provided, however, that
the General Court may reasonably vary the form and
substance of the requested legislation within the
scope of the general public objectives of this petition.
“An
Act Establishing an Appointed Treasurer for the City
of Holyoke” – This act proposes to change the City
Treasurer from an elected position to an appointed
one; the appointment will be made by the City Council,
for a term not to exceed five (5) years and qualifications
for the position may be established by ordinance.
If adopted, the Treasurer elected in the 2023 municipal
election will fill the vacancy in the office for the
remaining two (2) years, and a Treasurer will be appointed
to the position following the expiration of that term
in January 2026 or sooner if the office is vacated.

39. ANDERSON-BURGOS — Order that raised crosswalks be installed at the Nonotuck St & Beacon Ave intersection. Please see attached email for explanation of the need

40. BARTLEY — The city’s law department provide the mandated quarterly report for YTD legal expenses incurred by the City of Holyoke for outside legal counsel caused as a result of a Planning Board vote opposing a project near the Log Cabin. Please refer to the 10/4/22 order adopted by city council and approved by the mayor. Receive and Refer to Law Dept for an update as soon as possible.

41. BARTLEY — In light of the enhanced work by HPD to take back our streets, please enforce citywide stop sign ordinances and please regularly send a Police to monitor compliance at Brown Ave. – Laurel St. (3-way stop sign regularly ignored) and Lawler – Martin Sts. (2-way stop regularly ignored). Refer to HPD and to Public Safety for follow-up.

42. BARTLEY — The DPW and Law Dept work with the Ordinance committee to invoke some flexibility in the new trash bin program. For example – to allow single family homes to apply for more than one 96-gal bin so long as the homeowner’s request is reasonable and justified. Example two – to allow for the homeowner to swop out the 96-gal bin for a smaller, more suitable trash bin. Refer to Ordinance.

43. JOURDAIN — Ordered, that the Personnel Director advertise the
VACON Treasurer position and develop a recruiting campaign
in concert with the Mayor and current Treasurer. 
Please also fill with temporary financial services
employees the vacant positions in the office so the
Treasurer’s office is fully staffed with already budgeted
funds for these positions.

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

______________________________
City Clerk

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