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Holyoke City Council Meeting November 4, 2020

Nov 4 2020

7:00 pm Remote by Zoom

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Topic: Holyoke City Council Meeting 11/4/20
Time: Nov 4, 2020 07:00 PM Eastern Time (US and Canada)

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AGENDA FOR THE CITY COUNCIL
November 4,2020

LAID ON THE TABLE

1. From Mayor Alex B. Morse veto for the proposed one hundred and sixty-seventh amendment to Chapter 2 of the City Charter's.

PUBLIC COMMENT

 

COMMUNICATIONS

2. From Crystal Barnes, Acting City Solicitor Collective Bargaining Agreement by and Between The Board of Public Works of The City of Holyoke, MA and the UPSEU Local 424 Holyoke Public Works Supervisors.

3. From Crystal Barnes, legal opinion regarding Council authority to initiate changes to Chapter 2 without mayoral approval.

4. From Board of Fire Commission minutes of September 17, 2020.

PETITIONS

5. Petition for a zone change from BL to BH at 91 Walnut St. for Brian Roy.

6. Petition of Ellen Freyman for a special permit for an extension of pre-existing nonconformin structure at 348 Chestnut St. and 48-52 Franklin St.

7. Petition of Jill LaBeau for a special permit for a driveway in front yard (6.1.8.1) at 23 O'Connor Ave.

8. Petition for a renewal of a special permit for a home occupation for John P. McCann at 415 Ingleside St.

PRESIDENT'S REPORT

 

REPORTS OF COMMITTEES

9. Ordinance Committee Reports (if any)

10. Finance Committee Reports (if any)

11. Public Safety Committee Reports (if any)

12. Public Service Committee Reports (if any)

12A. The Committee on Public Service to whom was referred an Ordered, that That the Public Service Committee Interview candidates for the City Council Administrative Assistant position . Awaiting disposition

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

13A. The Committee on Development and Governmental Relations to whom was referred a Sp. Permit application of Mahim and Naiem LLC for a Self Service Gas Station at 297 Apremont Highway Awaiting disposition

13B. The Committee on Development and Governmental Relations to whom was referred an Open Meeting Law Complaint from Mr. James Fitzgerald submitted to the City Council on 9/15/20 Awaiting disposition

13C. The Committee on Development and Governmental Relations to whom was referred an order Special Permit application Petition of Gladysh Capital LLC, for a special permit for a driveway in front yard 6.1.8.1 at 921 Dwight St.   Awaiting disposition

13D. The Committee on Development and Governmental Relations to whom was referred an order that pursuant to M.G.L. Ch. 23 the City Council approves a resolution authorizing the City of Holyoke to participate in the Massachusetts Commercial Property Assessed Clean Energy Program (PACE) Awaiting disposition

13E. The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council accept the amendments to the Holyoke Redevelopment Authority’s Urban Renewal Plan, entitled “Connect. Construct. Create.: A Plan for the Revitalization of Center City Holyoke” as presented. The City Council also authorizes the HRA to approve minor, non-substantial language changes to the urban renewal plan amendments, if such changes are recommended by the Department of Housing and Community Development, such as clarification of actions mentioned throughout the plan, defining of terms, and amending grammar. Awaiting disposition

13F. The Committee on Development and Governmental Relations to whom was referred an order that the parks & rec director, the superintendent of the DPW, and the parks commissioners meet with DGR to discuss issues related to Ingleside Park awaiting disposition

14. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

16. VACON -- that a traffic mirror be placed on a pole near 397 Mountain Road so the resident can see approaching traffic when exiting their driveway.  The resident reports near misses due to limited line of sight and drivers traveling above the speed limit.

17. VACON -- that our City Engineer evaluate the area on Lower Westfield Road near the small bridge and make recommendations to improve safety for residents walking in that area.  Refer to Public Safety Committee

18. HERNANDEZ -- that a handicap sign be placed in front of 199 Beech St. for Pablo Gonzalez

19. MCGEE -- that a handicap sign be placed in front of 116 Pearl St. for Burley Watson Jr.

20. MCGIVERIN -- that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "DEPT. OF JUSTICE COMPREHENSIVE OPIOID, STIMULANT, AND SUBSTANCE ABUSE SITE-BASED PROGRAM " 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.

21. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, THREE THOUSAND SIX HUNDRED FIFTY SIX DOLLARS/100 Dollars ($3,656.00) as follows:

FROM:
11352-53010 PROFESSIONAL ACCT/AUDIT $3,656.00
TOTAL: $3,656.00
TO:
11351-51500 VACATION BUYBACK $3,656.00
TOTAL: $3,656.00

22. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO THOUSAND NINE HUNDRED SEVEN AND 00/100 Dollars ($2,907.00) as follows:

FROM:
14301-51106 REFUSE/RECYCLING COORDINATOR $2,907.00
TOTAL: $2,907.00
TO:
12941-51101 FORESTER $930.00
12941-51300 FORESTRY OVERTIME 187.00
12941-51400 FORESTRY LONGEVITY 100.00
14101-51103 GEN. CONSTRUCTION INSPECTOR 449.00
14101-51400 GEN. CONST. INSPECTOR LONGEVITY 100.00
14101-51500 GEN. CONST. INSPECTOR VACA BUYBACK 63.00
14211-51106 SUPT. OF OUTDOOR WORKS 863.00
14211-51300 DPW ADMIN. OVERTIME 65.00
14211-51400 DPW ADMIN. LONGEVITY 100.00
14211-51500 DPW ADMIN. VACATION BUYBACK 50.00
TOTAL: $2,907.00

23. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO THOUSAND SIX HUNDRED EIGHTY NINE AND 00/100 Dollars ($2,689.00) as follows:

FROM:
14301-51106 REFUSE/RECYCLING COORDINATOR $2,689.00
TOTAL: $2,689.00
TO:
14221-51101 BUILDING MAINT. SUPERVISOR $839.00
14221-51300 BUILDING OVERTIME 99.00
14221-51400 BUILDING LONGEVITY 100.00
14251-51101 HIGHWAY FOREMAN 521.00
14251-51300 HIGHWAY OVERTIME 96.00
14251-51301 HIGHWAY SNOW OVERTIME 176.00
14251-51400 HIGHWAY LONGEVITY 100.00
14261-51101 AUTO FOREMAN 622.00
14261-51300 AUTO OVERTIME 36.00
14261-51400 AUTO LONGEVITY 100.00
TOTAL: $2,689.00

24. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, NINE THOUSAND SIX HUNDRED FIFTY AND 00/100 Dollars ($9,650.00) as follows:

FROM:
14301-51106 REFUSE/RECYCLING COORDINATOR $1,100.00
60402-53106 SHUT OFF PROGRAM 8,550.00
TOTAL: $9,650.00
TO:
14301-51101 REFUSE FOREMAN $776.00
14301-51300 REFUSE OVERTIME 124.00
14301-51400 REFUSE LONGEVITY 200.00
60401-51105 WW PRINCIPAL CLERK/STENOGRAPHER 5,576.00
60401-51300 WW OVERTIME 2,874.00
60401-51400 WW LONGEVITY 100.00
TOTAL: $9,650.00

25. MURPHY -- that the city council request the mayor, the blighted property committee and the HRA move forward on the demolition of the remaining parts of the Armory building.  With a report that just to shore up the building, the expense would be approximately $625,000, and the potential cost of demolition estimated at between $100,000 and $150,000, it makes more sense to demolish the building and potentially seek construction of single or two family homes which could compliment the adjacent properties on Pine Street.

26. MURPHY -- Ordered that the health director, the building commissioner,
BARTLEY representatives from the police and fire departments
meet with the public safety committee to consider
a request by Williams Auto to create a locked in fence
at the alley entrance on Hampshire Street between
High and Maple, and also another locked fence at the
northerly line of the property of 412 1/2 Maple Street.
This is needed both to prevent illegal drug activity
and excessive littering in the alleyway.  Currently,
trash has been dumped in the alley, and needles are
consistently left there as well.

 

 

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

REGULAR MEETING OF THE CITY COUNCIL
November 4,2020

The meeting was called to order by President McGee at 07:04 PM.

The Clerk called the roll. Absent members: 0 Present Members 13 (Anderson-Burgos, Bartley, Greaney, Hernandez, Leahy, Lebron-Martinez, Lisi, McGee, McGiverin, Murphy, Sullivan, Tallman, Vacon).

The name of Councilor Anderson-Burgos was drawn to head the roll call voting.

 

LAID ON THE TABLE

From Mayor Alex B. Morse veto for the proposed one hundred and sixty-seventh amendment to Chapter 2 of the City Charter's.
---> Motion was made and seconded to override the Mayor's veto
Received and Adopted on a call of the roll of the yeas and nays --Yeas 10--Nays 3 (Anderson-Burgos, Hernandez, Lebron-Martinez)--Absent 0.

PUBLIC COMMENT

 

COMMUNICATIONS

From Crystal Barnes, Acting City Solicitor Collective Bargaining Agreement by and Between The Board of Public Works of The City of Holyoke, MA and the UPSeu Local 424 Holyoke Public Works Supervisors.
---> Received and referred to the Finance Committee.

From Crystal Barnes, legal opinion regarding Council authority to initiate changes to Chapter 2 without mayoral approval.
---> Received and referred to the Finance Committee.

From Board of Fire Commission minutes of September 17, 2020.
---> Received.

PETITIONS

Petition for a zone change from BL to BH at 91 Walnut St. for Brian Roy.
---> Received and referred to the Ordinance Committee.

Petition of Ellen Freyman for a special permit for an extension of pre-existing nonconforming stucture at 348 Chestnut St. and 48-52 Franklin St.
---> Received and referred to the Development and Governmental Relations Committee.

Petition of Jill LaBeau for a special permit for a driveway in front yard (6.1.8.1) at 23 O'Connor Ave.
---> Received and referred to the Development and Governmental Relations Committee.

Petition for a renewal of a special permit for a home occupation for John P. McCann at 415 Ingleside St.
---> Received and Adopted on a call of the roll of the yeas and nays --Yeas 13--Nays 0--Absent 0.

REPORTS OF COMMITTEES

The Committee on Public Service to whom was referred an Ordered, that That the Public Service Committee Interview candidates for the City Council Administrative Assistant position .
have considered the same and Order has been complied with.

Committee Members:
James M. Leahy
Libby Hernandez
Rebecca Lisi
---> A motion was made and seconded to move to the first ballot for Administrative Assistant.
Nunia Sotiropoulos received 3 votes( Bartley, Greaney, Vacon), Jeffrey Anerson-Burgos received 6 votes (Hernandez, Leahy, Lebron-Martinez, McGee, McGiverin, Sullivan) and Tymra G. received 3 votes (Lisi, Murphy, Tallman) on the first ballot.
A motion was made and seconded to move to the second ballot.
Nunia Sotiropoulos received 3 votes (Bartley, Greaney, Vacon), Tymra G. received 1 vote (Murphy) and Jeffrey Anderson-Burgos received 8 votes (Hernandez,Leahy, Lebron-Martinez, Lisi, McGee, Sullivan, Tallman). Jeffrey Anderson-Burgos appointed the new Administrative Assistant to the City Council on the second ballot;
Juan Anderson-Burgos did not vote or participate in the discussion.

The Committee on Development and Governmental Relations to whom was referred a Sp. Permit application of Mahim and Naiem LLC for a Self Service Gas Station at 297 Apremont Highway
have considered the same and Recommended to receive and approve the special permit.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
---> Report of Committee received and Adopted on a call of the roll of the yeas and nays --Yeas 12--Nays 0--Absent 1 (Murphy).

The Committee on Development and Governmental Relations to whom was referred an order Special Permit application Petition of Gladysh Capital LLC, for a special permit for a driveway in front yard 6.1.8.1 at 921 Dwight St.
have considered the same and Recommendation to receive and approve the Special Permit.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
---> Report of Committee received and Adopted on a call of the roll of the yeas and nays --Yeas 13--Nays 0--Absent 0.

The Committee on Development and Governmental Relations to whom was referred an order that pursuant to M.G.L. Ch. 23m th eCity Council approves a resolution authorizing the City of Holyoke to participate in the Massachusetts Commercial Property Assessed Clean Energy Program (PACE)
have considered the same and Recommendation to receive and approve the resolution.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
---> Report of Committee received and Adopted on a call of the roll of the yeas and nays --Yeas 13--Nays 0--Absent 0.

The Committee on Development and Governmental Relations to whom was referred an order that the parks & rec director, the superintendent of the DPW, and the parks commissioners meet with DGR to discuss issues related to Ingleside Park
have considered the same and Recommend the order has been complied with.

Committee Members:
David K. Bartley
Michael J. Sullivan
Peter R. Tallman
Howard B Greaney, Jr.
Gladys Lebron-Martinez
---> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

VACON Ordered, that that a traffic mirror be placed on a pole near 397 Mountain Road and Westfield Rd. at top of Hitchcock St. so the resident can see approaching traffic when exiting their driveway.  The resident reports near misses due to limited line of sight and drivers traveling above the speed limit.
---> Received and referred to the Public Safety Committee. Copy to DPW.

VACON Ordered, that that our City Engineer evaluate the area on Lower Westfield Road near the small bridge and make recommendations to improve safety for residents walking in that area.  Refer to Public Safety Committee
---> Received and referred to the Public Safety Committee.

HERNANDEZ Ordered, that that a handicap sign be placed in front of 199 Beech St. for Pablo Gonzalez
---> Received and referred to the Ordinance Committee.

MCGEE Ordered, that that a handicap sign be placed in front of 116 Pearl St. for Burley Watson Jr.
---> Received and referred to the Ordinance Committee.

MCGIVERIN Ordered, that that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "DEPT. OF JUSTICE COMPREHENSIVE OPIOID, STIMULANT, AND SUBSTANCE ABUSE SITE-BASED PROGRAM " 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.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Wednesday, November 4, 2020.

Alex B Morse, Mayor
---> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, THREE THOUSAND SIX HUNDRED FIFTY SIX DOLLARS/100 Dollars ($3,656.00) as follows:

FROM:
11352-53010 PROFESSIONAL ACCT/AUDIT $3,656.00
TOTAL: $3,656.00
TO:
11351-51500 VACATION BUYBACK $3,656.00
TOTAL: $3,656.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Wednesday, November 4, 2020.

Alex B Morse, Mayor
---> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO THOUSAND NINE HUNDRED SEVEN AND 00/100 Dollars ($2,907.00) as follows:

FROM:
14301-51106 REFUSE/RECYCLING COORDINATOR $2,907.00
TOTAL: $2,907.00
TO:
12941-51101 FORESTER $930.00
12941-51300 FORESTRY OVERTIME 187.00
12941-51400 FORESTRY LONGEVITY 100.00
14101-51103 GEN. CONSTRUCTION INSPECTOR 449.00
14101-51400 GEN. CONST. INSPECTOR LONGEVITY 100.00
14101-51500 GEN. CONST. INSPECTOR VACA BUYBACK 63.00
14211-51106 SUPT. OF OUTDOOR WORKS 863.00
14211-51300 DPW ADMIN. OVERTIME 65.00
14211-51400 DPW ADMIN. LONGEVITY 100.00
14211-51500 DPW ADMIN. VACATION BUYBACK 50.00
TOTAL: $2,907.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Wednesday, November 4, 2020.

Alex B Morse, Mayor
---> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, TWO THOUSAND SIX HUNDRED EIGHTY NINE AND 00/100 Dollars ($2,689.00) as follows:

FROM:
14301-51106 REFUSE/RECYCLING COORDINATOR $2,689.00
TOTAL: $2,689.00
TO:
14221-51101 BIULDING MAINT. SUPERVISOR $839.00
14221-51300 BUILDING OVERTIME 99.00
14221-51400 BIULDING LONGEVITY 100.00
14251-51101 HIGHWAY FOREMAN 521.00
14251-51300 HIGHWAY OVERTIME 96.00
14251-51301 HIGHWAY SNOW OVERTIME 176.00
14251-51400 HIGHWAY LONGEVITY 100.00
14261-51101 AUTO FOREMAN 622.00
14261-51300 AUTO OVERTIME 36.00
14261-51400 AUTO LONGEVITY 100.00
TOTAL: $2,689.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Wednesday, November 4, 2020.

Alex B Morse, Mayor
---> Received and referred to the Finance Committee.

MCGIVERIN Ordered, that that there be and is hereby appropriated by transfer in the fiscal year 2021, NINE THOUSAND SIX HUNDRED FIFTY AND 00/100 Dollars ($9,650.00) as follows:

FROM:
14301-51106 REFUSE/RECYCLING COORDINATOR $1,100.00
60402-53106 SHUT OFF PROGRAM 8,550.00
TOTAL: $9,650.00
TO:
14301-51101 REFUSE FOREMAN $776.00
14301-51300 REFUSE OVERTIME 124.00
14301-51400 REFUSE LONGEVITY 200.00
60401-51105 WW PRINCIPAL CLERK/STENOGRAPHER 5,576.00
60401-51300 WW OVERTIME 2,874.00
60401-51400 WW LONGEVITY 100.00
TOTAL: $9,650.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Wednesday, November 4, 2020.

Alex B Morse, Mayor
---> Received and referred to the Finance Committee.

MURPHY Ordered, that that the city council request the mayor, the blighted property committee and the HRA move forward on the demolition of the remaining parts of the Armory building.  With a report that just to shore up the building, the expense would be approximately $625,000, and the potential cost of demolition estimated at between $100,000 and $150,000, it makes more sense to demolish the building and potentially seek construction of single or two family homes which could compliment the adjacent properties on Pine Street.
---> Received and referred to the Finance Committee and Mayor, blighted property committee, HRA and Historical Commission.

MURPHY, Bartley Ordered, that Ordered that the health director, the building commissioner, representatives from the police and fire departments meet with the public safety committee to consider a request by Williams Auto to create a locked in fence at the alley entrance on Hampshire Street between High and Maple, and also another locked fence at the northerly line of the property of 412 1/2 Maple Street.  This is needed both to prevent illegal drug activity and excessive littering in the alleyway.  Currently, trash has been dumped in the alley, and needles are consistently left there as well.
---> Received and referred to the Public Safety Committee.

LATE FILED ORDERS & COMMUNICATIONS

LISI Ordered, that that the Holyoke Code of Ordinances 7.10 "Marijuana Facilities" be reviewed and amended
---> Received and referred to the Ordinance Committee.

Petition of Eric Taub for a special permit for dimensional variations at 102 Beech Street.
---> Received and referred to the Development and Governmental Relations Committee.

Lawsuit for special permit Holyoke 420.
---> Received and referred to the Development and Governmental Relations Committee.

Petition to support the construction and operate a gas station on the premises of 297 Apremont Hwy.
---> Received.

From Crystal Barnes, legal opinion regarding fee waiver and amendments
---> Received and referred to the Finance Committee.

 

Adjourn at 09:22 PM.
A true record
ATTEST:

______________________________
City Clerk


Jeffery Anderson-Burgos
Holyoke City Hall
536 Dwight St, Room 10
Holyoke, MA 01040
Regular hours 8:30 AM - 4:30 PM
Meeting days 12:00 PM - 5:00 PM
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