Events

Holyoke City Council Agenda Text Size

Event takes place on January 15, 2019 at 7:00 PM
City Hall, Council Chambers, 536 Dwight St. Holyoke, MA

AGENDA FOR THE CITY COUNCIL
January 15,2019

PUBLIC COMMENT

COMMUNICATIONS

1. List of Appointments for January 2019.

2. From Mayor Alex B. Morse letter reappointing Mr. Jeffrey Horan, 100 Southampton Rd. to serve as a member of the Conservation Commission for the City of Holyoke: Mr. Horan will serve a three-year term; said term will expire February 1, 2022.

3. From Mayor Alex B. Morse letter to rescind appointment of the following individual Susan Woods, 5 Fairfield Ave. as an alternate member of the Historical Commission.

4. From Mayor Alex B. Morse letter re-appointing Ms. Susan Woods, 5 Fairfield Ave. as an Alternate to the Fairfield Avenue Historic District Commission effective December 19, 2018. Ms. Woods will serve a three-year term; said term will expire December 1, 2021.

5. From Brenna Murphy McGee, MMC minutes of regular meeting of December 18, 2018 and special meeting of January 8, 2019.

6. From Marcos A. Marrero Director office of Planning & Economic Development letter re: OPED opinion on the possible effect of a debt exclusion override.

7. From Al Williams, President Board of Directors (Holyoke Media) letter re: appointing of a community member to serve on the Board of Directors of Holyoke Media.

8. From Board of Fire Commission minutes of November 15, 2018.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

9. Ordinance Committee Reports (if any)

9A. The Committee on Ordinance to whom was referred Special permit application from Westfield Bank for installation of an automatic teller machine (ATM) at 1650 Northampton St. (Map 106 Block 00 Parcel 101). Recommend that the special permit application be approved

9B. The Committee on Ordinance to whom was referred a special permit application submitted by Westfield Bank for installation of a drive through ATM machine at 1650 Northampton St (Map 106 Block 00 Parcel 101) Recommend that the special permit application be approved

9C. The Committee on Ordinance to whom was referred a zone change application submitted by Tom Adamczyk, for property on 15 Holy Family Rd. (Map 117 Block 00 Parcel 019) from current zone R-1A to proposed zone RM-20   Recommend that the zone change be approved

10. Finance Committee Reports (if any)

10A. The Committee on Finance to whom was referred FROM:
*****-*****     FREE CASH                 $403,804.41
                        TOTAL:           $403,804.41
TO:
12201-51103 CAPTAINS                  $36,079.27
12201-51104 LIEUTENANTS                       66,180.22
12201-51105 FIREFIGHTERS                      280,059.87
12201-51107 SUPERVISOR FIRE ALARM               3,709.53
12201-51109 ASST SUPERVISOR FIRE ALARM                 3,312.17
12201-51110 FIRE ALARM OPERATOR                  14,463.35
                        TOTAL:           $403,804.41 Awaiting disposition

10B. The Committee on Finance to whom was referred Memorandum of Agreement between the City of Holyoke and IAFF Local 1693 (“Union”). Awaiting Disposition

10C. The Committee on Finance to whom was referred Ordered that the sum of $8,906,000 is appropriated to pay the costs of the Jackson Street Area Sewer Separation Project and the payment of all costs incidental and related hereto, 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 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. Awaiting Disposition

10D. The Committee on Finance to whom was referred Ordered, that the amount of ONE HUNDRED TWENTY SEVEN AND 00/100 Dollars ($127.00) be authorized from the Mayor’ Office/Auditor Department’s CITY LIABILITY & DAMAGE INSURANCE (19402-57400) appropriation in fiscal year 2019 for services rendered in fiscal year 2018 which were unencumbered at the 2018 fiscal year end. Awaiting Disposition

10E. The Committee on Finance to whom was referred Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2019, nineteen thousand five hundred and 00/100 Dollars ($19,500.00) as follows:

FROM:
14261-51106 DPW Police Mechanic                       $19,500.00
                        TOTAL:           $19,500.00
TO:
12102-52410 Police M/V Repairs               $19,500.00
                        TOTAL:           $19,500.00 Awaiting Disposition

10F. The Committee on Finance to whom was referred that the following actions take place to strengthen the financial condition of our City as per recommendations by our financial advisor Cinder McNerney:
-That a debt management stabilization fund be established.
-That a financial plan to improve the bond rating from A+ to AA be established
-That a minimum of 10% of the budget be maintained in the stabilization fund with a goal of increasing the fund to 15% of the budget prior to funds being used from the fund for other than emergency purposes. Awaiting Disposition

10G. The Committee on Finance to whom was referred That the following amounts be and are hereby appropriated as an amendment to the budget for Fiscal Year 2019 (July 1, 2018 through June 30, 2019) to be expended by the Departments for the purposes specified. 

$ 3,807,014      Retired Teachers Health Insurance
$         9,062      Air Pollution
$       97,640     RMV Non-Renewal Surcharge
$     857,246     Regional Transit
$       72,917      Special Education
$  2,596,320     School Choice Sending Tuition
$12,516,204     Charter School  Sending Tuition Awaiting Disposition

11. Public Safety Committee Reports (if any)

12. Public Service Committee Reports (if any)

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

13A. The Committee on Development and Governmental Relations to whom was referred a Special permit amendment application submitted by Mt. Tom Solar, LLC to construct access road improvements to the existing Mt. Tom Solar and Energy Storage project, and extend an existing water main to the facility within the applicants property and within the floodplain overlay district at 200 Northampton St. (Map 226 Block 00 Parcel 009 and Map 223 Block 00 Parcel 019)     Recommend that the special permit application be approved

13B. The Committee on Development and Governmental Relations to whom was referred a Petition from Neighbor to Neighbor MA Education Fund RE: MOU between Holyoke Gas and Electric and Columbia Gas of MA to establish new pipeline infrastructure. Recommend that the order has been complied with

13C. The Committee on Development and Governmental Relations to whom was referred a Resolution to the Holyoke City Council, November 15, 2018                   
 
A RESOLUTION
OPPOSING THE EXPANSION OF GAS INFRASTRUCTURE AND CALLING FOR INCREASED DEVELOPMENT AND IMPLEMENTATION OF RENEWABLE AND CLEAN ENERGY SOURCES          Recommend that the order has been complied with

13D. The Committee on Development and Governmental Relations to whom was referred an order that the City Council invite Holyoke’s state delegation to a future DGR Committee meeting. Recommend that the order has been complied with

13E. The Committee on Development and Governmental Relations to whom was referred that the City Council pass a resolution in solidarity and support of the nurses and staff at Providence Hospital who are facing cuts.  Recommended to go to DGR that the staff, administration and individuals affected be invited in to discuss these devastating cuts. Recommend that the order be given leave to withdraw

13F. The Committee on Development and Governmental Relations to whom was referred that the City Council ask our state delegate to file legislation to delete MGL – Part I, Title VII, Chapter 40P, Section 4 which prohibits rent control ordinances Recommend that the order be given leave to withdraw

13G. The Committee on Development and Governmental Relations to whom was referred that the City Council ask our state delegate to file legislation to amend MGL – Part I, Title VII, Chapter 40P, Section 4 which prohibits rent control ordinances in order to allow an exception for Gateway Cities to adopt rent control policies without having to reimburse property owners         Recommend that the order be given leave to withdraw

14. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

16. BARTLEY — The City council adopt the following resolution and submit it to the Governor and the Great and General Court:
WHEREAS the City of Holyoke respects and supports its Police Department; and
WHEREAS the City of Holyoke adopted the state law known as the “Quinn Bill” in the 1970s and to this date has paid qualified officers the educational incentive; and
WHEREAS since the Great Recession of the 2000s the City of Holyoke has picked up the Commonwealth’s portion of the Quinn Bill, which is one-half of each qualified officers’ educational incentive pay; and
WHEREAS by so doing the City of Holyoke, consistently determined as one of if not the poorest municipality in the Commonwealth, has paid hundreds of thousands of dollars to its police officers that lawfully should have been paid by the State Government; and
WHEREAS Chapter 108L of Massachusetts General Law Chapter 41 is still the Law and which states, in part, “Any city or town which accepts the provisions of this section and provides career incentive salary increases for police officers shall be reimbursed by the commonwealth for one half the cost of such payments upon certification by the board of higher education.”
NOW BE IT HEREBY RESOLVED the City Council of the City of Holyoke demands that the Governor and the Legislature, which took oaths to uphold the US Constitution, the Massachusetts Constitution and Massachusetts General Law, both fund the Quinn Bill starting in FY2020 and reimburse the City of Holyoke for its many years of paying the portion due from the Commonwealth.

17. BARTLEY — The City Clerk send a communication to advise on the costs to the City of a special election. Refer to Charter and Rules and copy to DGR. Further, CC consider suspending its rules to allow the Clerk to send the communication to DGR in time for its 2/4/19 meeting as the next CC meeting is 2/5/19.

18. BARTLEY — The City Clerk and Holyoke Media broadcast delivery of ballots and election results on Election Day. This order would better able the City Clerk to publicly announce vote totals and election results. If approved, please promote this to city residents via channels 12, 15 (and the other pending public cable outlets) and the city website. Refer to City Clerk, Holyoke Media and Mayor.

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

20. BARTLEY — The Mayor provide an update to City Council by its second meeting in February on findings and recommendations of the Mayor’s task force to combat panhandling. The following is the Mayor’s press release from August 2017: “We had an initial meeting of a task force two weeks ago that included local and regional stakeholders to address this issue. It included the board of health, DPW, police chief, Councilor Lisi, staff from tapestry health, providence ministries, and the director of community housing for the region. We want to address root causes including homelessness and substance abuse, and work on a case by case basis to ensure the barriers faced by individuals are addressed by the appropriate partner in our community.” Refer to Public Safety and copy to Mayor.

21. BRESNAHAN — that Holyoke police department have an officer stationed an Jims Mobil on Northampton Street during the hours that buses are picking up and dropping off students to observe drivers ignoring the bus stopping to pick up and drop off students. Times to be confirmed by council and sent to police

22. BRESNAHAN — that the following employees receive the amount included below as part of their raise from the following dates
 
7/1/18 – 8/20/18 = 36 working days
 
Dale Glenn            $4.70 per day x 36 days = $169.20
Jeanette Berrios     $4.70 per day x 36 days = $169.20
Susan Padilla        $5.70 x 36 days = $205.20  works in City Auditor’s Office and asked me to figure out her part
 

23. BRESNAHAN — Ordinance committee review the current vacant and blighted building ordinance by calling in The Health Dept the building Dept. The greater Holyoke landlord association and any other concerned parties to address the ordinance and determine if there is a more business/landlord friendly way to ensure vacant buildings are in compliance with the current ordinance

24. LEAHY — Any city department receiving grant money as approved
BARTLEY by the city council per Mass. General Law 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 that matches
the planned outcomes with the documented results.
The report should be submitted to the city clerk and
forwarded to the next available city council agenda. 
Once received and approved by city council the Mayor
shall have the report posted publicly.

25. LEAHY — that anytime the City Council or Department of Public Works change an ordinance or right of way that would effect the day to day operations of the Police Department or Fire Department that the City clerks Department immediately notify the departments. An example of this is when the barriers went up in the Ashley neighborhood, or reducing the speed limit through the city.

26. MCGEE — that a no parking “from here to corner” sign(s) be installed around the entrance way to 1 Elm Street of the new Holyoke Juvenile Court House.

27. MCGIVERIN — that the amount of TWO HUNDRED EIGHTEEN AND 40/100 Dollars ($218.40) be authorized from the OFFICE OF THE MAYOR Department’s DUES & SUBSCRIPTIONS (11212-57300) appropriation in fiscal year 2019 for services rendered in fiscal year 2018 which were unencumbered at the 2018 fiscal year end.

28. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2019, SEVEN THOUSAND NINE HUNDRED NINETY TWO AND 22/100 Dollars ($7,992.22) as follows:

FROM:
12201-51105 FIREFIGHTER $7,992.22
TOTAL: $7,992.22
TO:
12201-51180 INJURED ON DUTY $7,992.22
TOTAL: $7,992.22

29. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2019, TEN THOUSAND NINE HUNDRED SEVENTY AND 02/100 Dollars ($10,970.02) as follows:

FROM:
12101-51107 PATROLMEN $10,970.02
TOTAL: $10,970.02
TO:
12101-51180 INJURED ON DUTY $10,970.02
TOTAL: $10,970.02

30. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2019 SENATOR CHARLES E. SHANNON, JR., COMMUNITY SAFETY INITIATIVE (SHANNON CSI)” 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.

31. MCGIVERIN — REVISION TO PREVIOUS BOND APPROVAL IN CITY COUNCIL 9/5/18: Ordered that the sum of $2,600,000 is appropriated to pay the costs of purchase for two (2) Aerial Ladder Trucks, one (1) Quint Truck, two (2) Command Vehicles and the purchase of all tools, equipment, training, etc, for vehicles. These funds will also cover the 10% match in the amount of $88,636 for the Assistance to Firefighters Grant program (total grant awarded $975,000) for the City of Holyoke Fire Department, and the payment of all costs incidental and related hereto, 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 to carry out this project.

ORIGINAL: Financial Order: Ordered that the sum of $2,600,000 is appropriated to pay the costs of purchase of two (2) Aerial Ladder Trucks and one (1) Quint Truck for the City of Holyoke Fire Department, and the payment of all costs incidental and related hereto, 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 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.

32. MCGIVERIN — that there be and is hereby raised and appropriated in the fiscal year 2019, EIGHT THOUSAND FOUR HUNDRED EIGHTY SEVEN AND 00/100 DOLLARS/100 Dollars ($8,487.00) as follows:

FROM:
*****-***** FREE CASH $8487.00
TOTAL: $8,487.00
TO:
11381-***** PURCHASING $1,545.00
11461-***** TAX COLLECTOR 1,692.00
11451-***** TREASURER 680.00
15431-***** VETERANS 1,374.00
11631-***** VOTER 862.00
16931-***** WAR MEMORIAL 629.00
16911-***** WISTARIAHURST 1,705.00
TOTAL: $8,487.00

33. MCGIVERIN — that there be and is hereby raised and appropriated in the fiscal year 2019, FORTY THOUSAND TWO HUNDRED SEVEN AND 00/100 DOLLARS/100 Dollars ($40,207.00) as follows:

FROM:
*****-****** FREE CASH $40,207
TOTAL: $40,207.00
TO:
11411-***** ASSESSOR $1,597.00
11351-***** AUDITOR 810.00
12401-***** BUILDING 1,686.00
14221-***** CITY HALL CUSTODIANS 1,243.00
11611-***** CITY CLERK 2,321.00
12401-***** CODES & INSPECTIONS 2,768.00
15101-***** HEALTH 8,527.00
16301-***** PARKS & REC. 810.00
11751-***** PLANNING 2,316.00
12101-***** POLICE 18,129.00
TOTAL: $40,207.00

34. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “STUDENT AWARENESS OF FIRE EDUCATION & SENIOR AWARENESS OF FIRE EDUCATION (S.A.F.E.)” 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.

35. VACON — That the City Council be updated on the status/disposition of the former Geriatric Authority property.

36. VACON — that the City Council be updated on the payment status regarding money owed under the lease held by Gandara at the former Geriatric Authority property.

37. VACON — Request increased police patrols at or near 50 Holy Family Rd due to recent theft and illegal car repairs in the area.

38. VACON — that the Police Department enforce the “No Parking” on Cherry St. This is a safety issue and residents are requesting enforcement.

39. VALENTIN — that the handicap sign be removed from 145 Essex St. for Carlos Espada he moved.

40. VALENTIN — that a handicap sign be placed in front of 149 Essex St. for Carlos Espada.

41. VALENTIN — That the City Engineer evaluate the placement of a four-way stop at the intersection of Locust and Sargeant Street. Request from residents.

42. VALENTIN — that a handicap sign be placed in front of 156 Linden St. Apt 1L for Ivette Avellanet.

43. VALENTIN — That a handicap sign be placed in front of 156 Linden St. Apt 2R for Alba C. Torres.

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


Posted on January 11, 2019 by