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Holyoke City Council Meeting December 3, 2019

Dec 3 2019

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

AGENDA FOR THE CITY COUNCIL
December 3,2019

PUBLIC HEARING

1. Petition from Verizon New England Inc. requests permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways:

HARVARD STREET: Place one (1) solely owned pole numbered T.6S on the northerly side of Harvard Street at a point approximately one hundred seventy-three (173) feet easterly from the center line of Pleasant Street.

Reason: Place one (1) solely owned pole on Harvard Street to support the existing pole line and to provide for the distribution of intelligence and telecommunication and for the transmission of high and low voltage electric current.

2. Petition for Joint or Identical Pole Locations for Verizon New England Inc. and Holyoke Gas & Electric Department request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways:

JARVIS AVENUE: Place one (1) jointly owned pole numbered T.30-01/E.7-1 on the westerly side of Jarvis Avenue at a point approximately five hundred eighteen (518) feet northerly from the center line of Old Bassett Road.

Reason: Place one (1) jointly owned pole on Jarvis Avenue to eliminate a trespass: and to provide for the distribution of intelligence and telecommunications and for the transmission of high and low voltage electric current.

PUBLIC COMMENT

 

COMMUNICATIONS

3. From Auditor Tanya Wdowiak, Monthly Budget vs Actual, General Fund and Sewer Enterprise Fund

4. From Alicia M. Zoeller, Administrator Office of Community Development letter re: FY2019 Annual Plan Re-Programming of Community Development Block Grant Funds.

5. From Anthony Dulude, Chief Assessor communication re: History of Free cash certified by DOR to the City of Holyoke from 2010-2019.

6. From OPED Director, Marcos Marrero, update on 45 Lower Westfield Rd. (former GAH)

7. From CPA Committee, Holyoke CPA Annual Budget Article 2020

8. From Board of Fire Commission minutes of October 16, 2019.

PETITIONS

9. Petition of Holyoke Cannabis Special Permit for a 7.10 Registered Marijuana Retail Store at 380 Dwight St.

PRESIDENT'S REPORT

 

REPORTS OF COMMITTEES

10. Ordinance Committee Reports (if any)

10A. The Committee on Ordinance to whom was referred a  Zone change application submitted by Albert Babadzanov for property on 40 Lyman St. & adjacent lot (038–02–002.1 & -001.1)  from current zone DR  to proposed zone IG. Recommend that the Zone Change be approved

10B. The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 9 Gates St. for Jeffery Potter.
Recommend that the order be adopted

11. Finance Committee Reports (if any)

11A. The Committee on Finance to whom was referred Agreement between the City of Holyoke & Action Ambulance Service, Inc. Agreement for Emergency Ambulance Services. Awaiting disposition

11B. The Committee on Finance to whom was referred a Communication from From Gina Paro, Ass't City Solicitor Memorandum of Agreement for Holyoke Police Supervisors IBPO Local 409. Awaiting disposition

11C. 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 "FY2020 PLANNING ASSISTANCE GRANT" 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. Awaiting disposition

11D. 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 "MUNICIPAL ENERGY TECHNICAL ASSISTANCE 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.
Awaiting disposition

11E. The Committee on Finance to whom was referred an order that the City impose an excise tax on air B&B Awaiting disposition

11F. The Committee on Finance to whom was referred an order that the Tax Collector provide the City with the top 100 property owners that are delinquent or are not current with their City of Holyoke tax bill. Please provide an updated list to the Council within 30 days of this order. Awaiting disposition

11G. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2020, TWENTY FOUR THOUSAND THREE HUNDRED SIXTY TWO AND 77/100 Dollars ($24,362.77) as follows:

FROM:
16101-51104 CHILDRENS LIBRARIAN $5,285.77
16101-51107 LIBRARY ASSISTANT 6,495.00
16101-51111 LIBRARY ASSISTANT - EVENING 7,932.00
16101-51113 ASSISTANT DIRECTOR 4,650.00
TOTAL: $24,362.77
TO:
16101-51500 VACATION BUYBACK $572.04
16101-51510 SICK TIME BUYBACK 1,488.73
16101-51102 REFERENCE LIBRARY ASSISTANT 1,814.00
16101-51110 REFERENCE LIBRARY ASSISTANT-EVE 1,411.00
16101-51102 REFERENCE LIBRARY ASSISTANT 6,495.00
16101-51110 REFERENCE LIBRARY ASSISTANT - EVE 7,932.00
16101-51500 VACATION BUYBACK 925.00
16101-51510 SICK TIME BUYBACK 3,725.00
TOTAL: $24,362.77 Awaiting disposition

12. Public Safety Committee Reports (if any)

13. Public Service Committee Reports (if any)

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

15. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

17. BARTLEY -- The Holyoke City Council encourages all city department heads to provide correspondence to Spanish-speaking persons in Spanish to the extent feasible. The Holyoke City Council particularly encourages that technical letters from the Mayor’s office, School Dept., Law Dept., Building Commissioner, Planning Board, City Clerk, License Board, and City Council, by translated into Spanish, upon request.

18. BARTLEY -- The city council encourage the Mayor and the Receiver, respectively, to post information about the 2020 Census on the City’s website & Chanel 15 and the HPS website and Channel 12. Information should be in English and Spanish. (See the Administrative Assistant for literature.) The website and TV channels should post information about the need for Holyoke residents to participate and also the availability of jobs at over $19.00/hour. See 2020census.gov/jobs and 1-855-JOB-2020

19. BARTLEY -- The Development & Governmental Relations committee host a U.S. Census employee at an upcoming meeting to learn more about the Census and to learn about job opportunities for Holyoke residents.

20. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2020, FIFTEEN THOUSAND THREE HUNDRED SEVENTY THREE AND 00/100 Dollars ($15,373.00) as follows:

FROM:
12101-51105 SERGEANTS $7,215.63
12101-51107 PATROLMEN 8,157.37
TOTAL: $15,373.00
TO:
12101-51180 INJURED ON DUTY $15,373.00
TOTAL: $15,373.00

21. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2020, SEVEN THOUSAND EIGHT HUNDRED EIGHT DOLLARS AND 47/100 Dollars ($7,808.47) as follows:

FROM:
12401-51103 PAY-CHIEF OF WIRES $7,808.47
TOTAL: $7,808.47
TO:
12402-53050 INSPECTIONS-ELECTRIC $7,808.47
TOTAL: $7,808.47

22. MCGIVERIN -- Ordered that the sum of $6,540,000 is appropriated to pay the costs of the Capital Planning Project - Water Main Replacement 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.

23. MURPHY -- that the city council ask the city engineer to review parking on Sargeant Street between Main and Race Streets, and recommend the best locations to have four parking spaces designated as 30 minute parking.  The request should be from 11-7, Tuesday through Sunday, and the recommendations forwarded to the ordinance committee.

24. MURPHY -- that the mayor provide the city council a listing of all cannabis companies that the city currently has a community host agreement with, and provide the best estimate as to when each might begin operations.  Please forward the report to the full city council for the December 17th meeting.

25. TALLMAN -- That the DPW install truck exclusion signs at both ends of Bemis Rd.

26. TALLMAN -- That the Parks Department & School Department consider researching Bankshot Play Courts, for inclusion and diversity of our children and community.

27. VACON -- that DPW fill the cracks on Autumn Drive.  They are deep and increasing in size

 

 

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
December 3,2019

The meeting was called to order by President McGee at 07:05 PM.

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

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

PUBLIC HEARING

Petition from Verizon New England Inc. requests permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways:
HARVARD STREET: Place one (1) solely owned pole numbered T.6S on the northerly side of Harvard Street at a point approximately one hundred seventy-three (173) feet easterly from the center line of Pleasant Street.
Reason: Place one (1) solely owned pole on Harvard Street to support the existing pole line and to provide for the distribution of intelligence and telecommunication and for the transmission of high and low voltage electric current.
Council President McGee read the two petitions from Verizon. Motion was made and seconded to refer Items 1 and 2 to the DGR Committee. Under discussion it was noted that both petitions were public hearings that had been advertised for and that abutters were present for the meeting. Motion was made and seconded to open the public hearing: Public Hearing opened 12-0 (Bresnahan absent) Mr. Paul Davis a representative for Verizon spoke and gave an overview of the plans for each petition. Mr. Davis gave an overview of the two pole locations and how they would be anchored. It was noted that an aerial cable would be taken down from Pole 6 and run through Pleasant St. underground. Mr. Davis gave a detailed explanation of what Verizon’s plans were including how the change would effect Verizon service to Holyoke residents.
Public Comment was opened
Mark Boyt spoke and stated that adding another pole would make the property look bad and stated that he would like to see if Verizon can explore other ways to go about what they are doing. Mr. Boyt stated that the current plan would be to put yet another pole at the end of his driveway. Mr. Boyt and Davis discussed whether the guide for the pole would be on Mr. Boyt’s property or not. After some discussion Councilors stated that it seems the best way to get more information on the plans and to really get an understanding of Verizon’s petitions would be to continue the public hearing. Motion was made and seconded to continue the public hearing to the DGR Committee on Monday 12/9/19 at 6:30pm
---> Received and referred to the Development and Governmental Relations Committee.

Petition for Joint or Identical Pole Locations for Verizon New England Inc. and Holyoke Gas & Electric Department request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways:
JARVIS AVENUE: Place one (1) jointly owned pole numbered T.30-01/E.7-1 on the westerly side of Jarvis Avenue at a point approximately five hundred eighteen (518) feet northerly from the center line of Old Bassett Road.
Reason: Place one (1) jointly owned pole on Jarvis Avenue to eliminate a trespass: and to provide for the distribution of intelligence and telecommunications and for the transmission of high and low voltage electric current.
---> Received and referred to the Development and Governmental Relations Committee.

PUBLIC COMMENT

 

COMMUNICATIONS

From Auditor Tanya Wdowiak, Monthly Budget vs Actual, General Fund and Sewer Enterprise Fund
---> Received and referred to the Finance Committee.

From Alicia M. Zoeller, Administrator Office of Community Development letter re: FY2019 Annual Plan Re-Programming of Community Development Block Grant Funds.
---> Received and referred to the Development and Governmental Relations Committee.

From Anthony Dulude, Chief Assessor communication re: History of Free cash certified by DOR to the City of Holyoke from 2010-2019.
---> Received and referred to the Finance Committee.

From OPED Director, Marcos Marrero, update on 45 Lower Westfield Rd. (former GAH)
---> Received and referred to the Development and Governmental Relations Committee.

Motion was made and seconded to suspend the necessary rules and take items 7 and late file A as a package
From CPA Committee, Holyoke CPA Annual Budget Article 2020
It was noted that the Item was a communication for the annual CPA 2020 budget. It was further noted that Councilors would need to vote to approve the budget for the CPA. Councilor McGee read out all of the budget numbers for the Council and for the record. Councilors debated whether the communication should be referred to Committee or be approved on the floor. Councilor McGee also read Late File A filed by Councilor Bartley and it was noted that Late File A should be referred to Finance Committee. Councilor Sullivan stated that he would like to see the Council approve the budget submitted because the numbers are basically minimum that need to be set aside by state law and that it is not controversial. Councilor Sullivan gave a brief overview of the administrative cost and budget and where that money goes.
---> In City Council, on December 3, 2019, the report was received and adopted on a call of the roll of the yeas and nays --Yeas 13--Nays 0--Absent 0.

Commonwealth of Massachusetts Amendment to MGL Chapter 44B Section B re: Notice of Statewide Recording Fee Changes
---> Received.

From Board of Fire Commission minutes of October 16, 2019.
---> Received and adopted.

PETITIONS

Petition of Holyoke Cannabis Special Permit for a 7.10 Registered Marijuana Retail Store at 380 Dwight St.
---> Received and referred to the Ordinance Committee.

Presidents Report: Councilor McGee spoke and noted that there were reports from residents on streets not being plowed. It was noted that the council would have DPW Director McManus come in to speak about this and any challenges the DPW may have faced getting streets cleared of snow. Councilor McGee also gave an update on the City Council Christmas party noting that the party would take place on January 4th.

REPORTS OF COMMITTEES

The Committee on Ordinance to whom was referred a  Zone change application submitted by Albert Babadzanov for property on 40 Lyman St. & adjacent lot (038–02–002.1 & -001.1)  from current zone DR  to proposed zone IG.
have considered the same and Recommend that the Zone Change be approved .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Terence Murphy
Under discussion:
Councilor Vacon gave overview of the zone change. It was noted that it was an interesting request that came in with a high degree of community support. It was noted that the change would be to repurpose the “the Franco Club” to a marijuana facility. It was noted that the zone change is technically spot zoning but stated the reasons the Ord. Committee and the Planning Board voted in support of the application. It was noted that the Ordinance. Committee voted 4-1 for the zone change. Councilor Murphy spoke and stated that he still had some questions about whether there is a school nearby and how the facility nearby functions and that’s why he voted against the zone change. Councilors spoke and acknowledged the amount of support that the application had from abutters. Councilor Lisi spoke in favor of the zone change but stated that she believes the problem could be solved by allowing marijuana businesses in the down-town residential area. Councilor Bartley stated that he would also be supporting the zone change and noted that there would also be Special. Permit oversight if it gets to that point. Councilor Bartley stated that this proves that the City made the right decision to limit these kinds of companies to IG to ensure that downtown areas are being invested in.
---> Report of Committee received and the Ordinance passed its first reading.
The Ordinance passed its second reading.
The Ordinance was passed to be enrolled.
The Committee has considered the same and find that it is truly and properly enrolled.
Report of Enrollment received.
The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays --Yeas 13--Nays 0--Absent 0.
Approved by the Mayor.

The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 9 Gates St. for Jeffrey Potter.
have considered the same and Recommend that the order be adopted .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Terence Murphy
Under discussion:
It was noted that the handicap order was recommended approved by the Commission on Disabilities and recommended for approval by the Ordinance Committee but that the Council was just waiting on the measurements from the City Engineer and the legal language from the Law Dept.
---> Report of Committee received and laid on the table.

ORDERS AND TRANSFERS

BARTLEY Ordered, that The Holyoke City Council encourages all city department heads to provide correspondence to Spanish-speaking persons in Spanish to the extent feasible. The Holyoke City Council particularly encourages that technical letters from the Mayor’s office, School Dept., Law Dept., Building Commissioner, Planning Board, City Clerk, License Board, and City Council, by translated into Spanish, upon request.
---> Received and referred to the Development and Governmental Relations Committee.

BARTLEY Ordered, that The city council encourage the Mayor and the Receiver, respectively, to post information about the 2020 Census on the City’s website & Chanel 15 and the HPS website and Channel 12. Information should be in English and Spanish. (See the Administrative Assistant for literature.) The website and TV channels should post information about the need for Holyoke residents to participate and also the availability of jobs at over $19.00/hour. See 2020 census.gov/jobs and 1-855-JOB-2020
---> Received and referred to the Development and Governmental Relations Committee.

BARTLEY Ordered, that The Development & Governmental Relations committee host a U.S. Census employee at an upcoming meeting to learn more about the Census and to learn about job opportunities for Holyoke residents.
---> Received and referred to the Development and Governmental Relations Committee.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2020, FIFTEEN THOUSAND THREE HUNDRED SEVENTY THREE AND 00/100 Dollars ($15,373.00) as follows:

FROM:
12101-51105 SERGEANTS $7,215.63
12101-51107 PATROLMEN 8,157.37
TOTAL: $15,373.00
TO:
12101-51180 INJURED ON DUTY $15,373.00
TOTAL: $15,373.00

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, December 3, 2019.

Alex B Morse, Mayor
---> Passed two readings and Adopted on a call of the roll of the yeas and nays --Yeas 11--Nays 0--Absent 2 (Bresnahan, Valentin).
Approved by the Mayor.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2020, SEVEN THOUSAND EIGHT HUNDRED EIGHT DOLLARS AND 47/100 Dollars ($7,808.47) as follows:

FROM:
12401-51103 PAY-CHIEF OF WIRES $7,808.47
TOTAL: $7,808.47
TO:
12402-53050 INSPECTIONS-ELECTRIC $7,808.47
TOTAL: $7,808.47

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, December 3, 2019.

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

MCGIVERIN Ordered, that Ordered that the sum of $6,540,000 is appropriated to pay the costs of the Capital Planning Project - Water Main Replacement 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.

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, December 3, 2019.

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

MURPHY Ordered, that the city council ask the city engineer to review parking on Sargeant Street between Main and Race Streets, and recommend the best locations to have four parking spaces designated as 30 minute parking.  The request should be from 11-7, Tuesday through Sunday, and the recommendations forwarded to the ordinance committee.
---> Received and referred to the Ordinance Committee. Copy to Engineer.

MURPHY Ordered, that the mayor provide the city council a listing of all cannabis companies that the city currently has a community host agreement with, and provide the best estimate as to when each might begin operations.  Please forward the report to the full city council for the December 17th meeting.
---> Received and adopted. Referred to the Mayor. Copy to OPED.
Approved by the Mayor.

TALLMAN, Leahy, McGee Ordered, that That the DPW install truck exclusion signs at both ends of Bemis Rd.
---> Received and referred to the Ordinance Committee. Copy to Engineer .

TALLMAN Ordered, that That the Parks Department & School Department consider researching Bankshot Play Courts, for inclusion and diversity of our children and community.
---> Received and adopted. Referred to the Parks and Rec. & Dr. Zrike.
Approved by the Mayor.

VACON Ordered, that DPW fill the cracks on Autumn Drive.  They are deep and increasing in size
---> Received and adopted. Referred to the DPW to add this street to the list for the Spring.
Approved by the Mayor.

LATE FILED ORDERS & COMMUNICATIONS

 

MCGEE, Bartley Ordered, that The the City Council invite in Superintendent of the DPW to discuss the plowing issues on December 2 & 3, 2019.
---> Received and referred to the Public Safety Committee.

 

Adjourn at 08:12 PM.
A true record
ATTEST:

______________________________
City Clerk


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