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Holyoke City Council Meeting February 20, 2018

Feb 20 2018

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

AGENDA FOR THE CITY COUNCIL
February 20,2018

PUBLIC COMMENT

COMMUNICATIONS

1. From Mayor Alex B. Morse letter re-appointing Mr. Dan Fitzgerald, 40 Gates St. to serve as an associate of the Historical Commission for the City of Holyoke: Mr. Fitzgerald will serve a three-year term; said term will expire April 1, 2021.

2. From Mayor Alex B. Morse letter re-appointing Ms. Paola Ferrario, 25 Morgan St. to serve as an Associate member of the Historical Commission for the City of Holyoke: Ms. Ferrario will serve a three-year term; said term will expire on April 1, 2021.

3. From Mayor Alex B. Morse letter re-appointing Ms. Barbara Heisler, 7 Center St. to serve as a member of the Commission on Disabilities for the City of Holyoke: Ms. Heisler will serve a three-year term; said term will expire on March 2021.

4. From Mayor Alex B. Morse letter re-appointing Ms. Mary Moriarty, 429 Homestead Ave. to serve as a member of the Conservation Commission for the City of Holyoke: Ms. Moriarty will serve a three-year term; said term will expire on February 1, 2021.

5. From Mayor Alex B. Morse, letter reappointing Fire Chief John Pond, to serve as the Emergency Management Director of the City of Holyoke: Chief Pond will serve a one-year term; said term will expire January 2019.

6. From Irma L. Cruz, Assistant City Clerk, minutes of Special meeting and regular meeting of February 6, 2018.

7. From Alicia M. Zoeller, Administrator Office of Community Development, letter re: Citizens Advisory Committee (CAC) – RY2018 CDBG Recommendations.

8. From Alicia M. Zoeller, Administrator Office for Community Development, re: OCD FFY2017 Funding recommendations.

9. From David M. Conti, Manager Holyoke Water Works, letter re: Agreement for Sewer Billing and Water Shut-off services.

10. From Board of Health minutes of October 5, 2017 and December 7, 2017.

11. From Board of Public Works, Sewer Commission and Stormwater Authority minutes of December 8, 2017.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

12. Ordinance Committee Reports (if any)

12A. The Committee on Ordinance to whom was referred an order That the City of Holyoke adopt MGL CH 39, Sec 23D in order to allow committee members to miss one meeting during the public hearing process.

MGL Ch 39, Sec. 23D
Section 23D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.

(b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section. Recommend that the order be adopted

12B. The Committee on Ordinance to whom was referred an order that the city council adopt a rent control ordinance for the arts and industry overlay zone and other zones as appropriate in order to protect current residents from being displaced as new residential and commercial tenants begin to seek out space in our city’s center. Recommend that the order has been complied with

12C. The Committee on Ordinance to whom was referred an order, that the City of Holyoke through ordinance pass the “Fair Chance Rule,” requiring that the city itself as an employer make revisions to its current civil service processes and eliminate any barriers including the checking of the “box,” during an interview and application process, that may preclude applicants with criminal records from gaining employment with the City of Holyoke and/or its contractors.  Giving exception to any employment having to deal with the elderly, finances, and the youth Recommend that the order has been complied with

13. Finance Committee Reports (if any)

13A. 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 “COPS Hiring 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. Recommend that the order be adopted

13B. The Committee on Finance to whom was referred an order  that there be and is hereby appropriated by transfer in the fiscal year 2018, Two thousand four hundred and 00/100 Dollars ($2,400.00) as follows:
FROM:
11352-54200    Office Supplies        $2,400.00
TOTAL:    $2,400.00
TO:
11351-51250    Temp/Seasonal        $2,400.00
TOTAL:    $2,400.00 Recommend that the order be adopted

13C. The Committee on Finance to whom was referred an order  that there be and is hereby appropriated by transfer in the fiscal year 2018, TWO THOUSAND TWENTY-SIX AND 85/100 Dollars ($2026.85) as follows:
FROM:
12201-51105    FIREFIGHTERS        $2026.85
TOTAL:    $2026.85
TO:
12201-51180    INJ ON DUTY        $2026.85
TOTAL:    $2026.85 Recommend that the order be adopted

13D. The Committee on Finance to whom was referred an order hat there be and is hereby appropriated by transfer in the fiscal year 2018, Eight Hundred Forty-four and 88/100 Dollars ($844.88) as follows:
FROM:
12101-51107    PATROLMEN        $844.88
TOTAL:    $844.88
TO:
12101-51180    INJ ON DUTY        $844.88
TOTAL:    $844.88 Recommend that the order be adopted

13E. The Committee on Finance to whom was referred an order That the city council approve payment of prior year bill to Grynn and Barrett for Government portraits.  The payment will come from the City Hall Supplies budget line. Recommend that the order be adopted

13F. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, TWO THOUSAND SIX HUNDRED NINETY-ONE AND 10/100 Dollars ($2,691.10) as follows:
FROM:
12101-51103    CAPTAINS        $1035.00
12101-51204    PT CLERKS        1500.00
12101-51204    PT CLERKS        156.10
TOTAL:    $2,691.10
TO:
12101-51104    LIEUTENANTS        $1035.00
12101-51110    SR CLERKS        1500.00
12101-51118    ADMIN ASST        156.10
TOTAL:    $2,691.10 Recommend that the order be adopted

13G. The Committee on Finance to whom was referred an order Whereas:  Property values in the City have risen at a very modest rate and are taxed at the maximum amount allowed.  Any increase in property values should reflect a decrease in the tax rate.
Whereas:  Level funding will not work in addressing the City’s impending financial woes.
Whereas:  Stronger measures must be implemented now in order to avoid a financial crisis and lessen the burden on taxpayers.
Recommend that the order be denied

14. Public Safety Committee Reports (if any)

15. Public Service Committee Reports (if any)

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

17. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

19. VACON — that any department head who approves pay for an employee who has exhausted all paid benefits for a non-work related injury or issue be required to have written approval by the Mayor and an approved transfer or appropriation from the City Council.

20. VACON — That the planning board please provide written minutes of the meeting of Feb. 13,  2018.

21. VACON — that the City Solicitor provide a legal opinion re:  whether a permit for a project can be extended beyond the initial approval by a board, if the law has changed the approval process at the time of the request for an extension.

22. BARTLEY — HPD enforce traffic ordinances in the Fenton St area. Speeding is the major concern of neighborhood residents. Report back to public safety committee.

23. BARTLEY — HPD set up traffic enforcement along Northampton St. between Whiting Farms Rd. and Beech/Cherry Sts during peak traffic times (ie 7-9 a.m. and 3-6 p.m.) to enforce the various motor vehicle ordinances (speeding, do not block the box, running red lights, idling in crosswalk, not yielding to pedestrians, etc.) and report back to the Public Safety Committee with any findings.

24. BARTLEY — The Law Dept. issue an update on the city’s Receivership program by the end of March 2018 and forward same to DGR committee for a hearing (ie some time in April).  The Law Dept. should plan to provide regular updates every 6 months.  (For example, DGR would take this up each April and October and report back to the full CC). This is a great program and the public should be aware of the progress.

25. BARTLEY — The DPW superintendent and the Mayor look into making Rt. 5 in the Crosier Field area and Mackintosh Terrace safer for pedestrians.  Please provide feedback on a pedestrian crossing light at the intersection near Center School as well as speed humps on Mackintosh Terrace and, finally, a sidewalk on the north side of Mackintosh Terrace.  HPD should provide motor vehicle crash & accident data for Rt. 5 between Beech & South St. as well as Mackintosh Terrace. Refer to Ordinance, HPD, DPW & the Mayor.

26. BARTLEY — Holyoke has to get serious about cleaning up its image.  Recommend to the Mayor that a street sweeper clean every street at least once annually and then as many other streets as possible twice annually.  Refer to Mayor and DPW superintendent.  Copy to Public Safety to track progress.

27. BARTLEY — Ordered, that in accordance with M.G.L. ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council consider declaring a parcel at 278 Pine Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors’ records as Map 004, Block 06, Parcel 013 and is more particularly described at the Hampden County Registry of Deeds in Book 21088, Page 399.

28. LEAHY — Order that the honorable Holyoke City Council invite
MCGEE in Betsy Frey in to give her a proclamation on behalf Holyoke
ROMAN Sporting Goods 90th Birthday. Holyoke Sporting Goods
was established in 1928 and continues to supply local
teams, schools, organizations, businesses and individuals
brand name sporting merchandise at competitive prices.

29. LEAHY — The City Council be notified by department heads on
VACON all allegations of missing funds within three business
days.

30. LEAHY — Order that the city council invite in City Treasurer
MCGEE Sandra A. Smith and a Holyoke Police Department representative(s)
VACON to a Public Service subcommittee meeting to discuss
the procedures and protocols for transferring funds
in the Treasurer’s office and other city departments.

31. MCGEE — Order that a street sign for MONTGOMERY AVE be placed at the RIVER TERRACE entry into Montgomery Ave.

32. MCGEE — that the missing sign for WYCKOFF AVE.. be replaced.  As one travels north on Montgomery the street becomes dead end.  The Dead end sign is in good shape but the WYCKOFF AVE. street sign is missing.  That sign used to be posted directly atop the DEAD END sign.

33. MCGEE — Order that the HG&E install a street light on the current pole located on Alma Road (which is the corner of Jarvis Ave and Alma Road.)

34. ROMAN — Ordered that the City of Holyoke through ordinance create and draft/adopt ACCESSORY DWELLING UNITS language to the City Charter.  Accessory dwelling units (also known as ‘accessory apartments’, ‘guest apartments’, ‘in-law apartments’, ‘family apartments’ or ‘secondary units’) provide units that can be integrated into existing single family neighborhoods to provide low priced housing alternatives that have little or no negative impact on the character of the neighborhood.   ( RECOMMENDED TO SEND ORDINANCE COMMITTEE)

35. ROMAN — Ordered that the City of Holyoke approve a penalty
LEAHY fee for throwing trash into public waste replicates
$100.00 for individuals home waste, and $250.00 for
business waste.   Current public receptacles are being
filled with home waste and business waste and over
flowing in public parks, side walks etc.   ( RECOMMENDED
TO SEND ORDINANCE COMMITTEE)

36. ROMAN — That the City of Holyoke amend its Marijuana legislation to include the Equity Provision based off of a similar program instituted in the City of Oakland California. . This program addresses past disparities in the cannabis industry by prioritizing the victims of the war on drugs and minimizing barriers of entry into the industry. ( RECOMMENDED TO SEND ORDINANCE COMMITTEE)

37. ROMAN — That the City of Holyoke amend through ordinance or charter (whichever is deemed appropriate by the law department.) any and all host community agreements made by the Executive must be ratified and approved by the City Council in order for them to take effect.  All previous agreements shall be grand fathered in and not need ratification, but all others going forward must be approved by a simple majority of the City Council.  (RECOMMENDED TO SEND ORDINANCE COMMITTEE or CHARTER AND RULES DEPENDING ON RECOMMENDATION OF LAW DEPARTMENT)

38. ROMAN — That the Law Department provide a dollar amount of
LEAHY small claims settlements against the City of Holyoke
due to Pot Holes on Main Street from Ingleside and
Main through the West Springfield Town Line. (RECOMMENDED
TO SEND TO PUBLIC SAFETY)

39. ROMAN — Ordered that the City of Holyoke take up and approve
LEAHY the salary study completed in 2014, and include in
its salary revisions salaries of the Mayor, City Council
and School Committee Members.  (RECOMMENDED TO SEND
ORDINANCE COMMITTEE)

40. ROMAN — That the DPW repair and completely replace the entire
LEAHY stretch of Main Street from Ingleside and Main through
the West Springfield Town Line.  Temporary patches
continue to reopen and are a cause of major pot hole
related car damages, etc.  (RECOMMENDED RECEIVE &
ADOPT WITH A COPY TO PUBLIC SAFETY)

 

 

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
February 20,2018

The meeting was called to order by President McGee at 07:06 PM.

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

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

Moment of silence was observed for the loss of the Fire Chief John Pond’s mother and for the mass shooting tragedy that took place in Parkland Florida.

PUBLIC COMMENT
NO PUBLIC COMMENT

COMMUNICATIONS

Motion was made and seconded to suspend rules and take items 1, 2, 3, 4, and 5 taken up as a package: It was noted that all the appointments were re-appointments from the Mayor. All appointees confirmed by voice vote
From Mayor Alex B. Morse letter re-appointing Mr. Dan Fitzgerald, 40 Gates St. to serve as an associate of the Historical Commission for the City of Holyoke: Mr. Fitzgerald will serve a three-year term; said term will expire April 1, 2021.
—> Received and appointment confirmed.

From Mayor Alex B. Morse letter re-appointing Ms. Paola Ferrario, 25 Morgan St. to serve as an Associate member of the Historical Commission for the City of Holyoke: Ms. Ferrario will serve a three-year term; said term will expire on April 1, 2021.
—> Received and appointment confirmed.

From Mayor Alex B. Morse letter re-appointing Ms. Barbara Heisler, 7 Center St. to serve as a member of the Commission on Disabilities for the City of Holyoke: Ms. Heisler will serve a three-year term; said term will expire on March 2021.
—> Received and appointment confirmed.

From Mayor Alex B. Morse letter re-appointing Ms. Mary Moriarty, 429 Homestead Ave. to serve as a member of the Conservation Commission for the City of Holyoke: Ms. Moriarty will serve a three-year term; said term will expire on February 1, 2021.
—> Received and appointment confirmed.

From Mayor Alex B. Morse, letter reappointing Fire Chief John Pond, to serve as the Emergency Management Director of the City of Holyoke: Chief Pond will serve a one-year term; said term will expire January 2019.
—> Received and appointment confirmed.

From Irma L. Cruz, Assistant City Clerk, minutes of Special meeting and regular meeting of February 6, 2018.
—> Received and adopted.

Motion was made and seconded to suspend rules and take items 7 & 8 as a package
From Alicia M. Zoeller, Adminstrator Office of Community Development, letter re: Citizens Advisory Committee (CAC) – RY2018 CDBG Recommendations.
—> Received and referred to the Development and Governmental Relations Committee.

From Alicia M. Zoeller, Adminstrator Office for Community Development, re: OCD FFY2017 Funding recommendations.
—> Received and referred to the Development and Governmental Relations Committee.

From David M. Conti, Manager Holyoke Water Works, letter re: Agreement for Sewer Billing and Water Shut-off services.
—> Received and referred to the Finance Committee.

From Board of Health minutes of October 5, 2017 and December 7, 2017.
—> Received.

From Board of Public Works, Sewer Commission and Stormwater Authority minutes of December 8, 2017.
—> Received.

PRESIDENTS REPORT

Councilor McGee spoke on meeting between Ord. Committee Chair Vacon and OPED Director Marcos Marrero on possibly making some compromises and having the Ordinance Committee and the Planning Board renew the practice of meeting jointly for zoning related public hearings. Councilor Vacon spoke briefly and summarized the meeting noting that the Council will bring in an extra table for the Planning Board so that they can be seated with the Ord. Committee. It was noted that the Ord. Committee and Planning Board were hopeful to begin joint hearings by the end of March.

REPORTS OF COMMITTEES

Motion was made and second to suspended rules to take up Item 23 out of order
Roman Ordered that the City approve the following contract for shared services for a Food Services Director with the City of Springfield, to be paid for by the School Department out of its budget. Shared director cost will be $30,000 which will be paid to the City of Springfield, that will house the Food Services Director for both districts. UNDER DISCUSSION: Councilor Lebron-Martinez spoke and described Joint Planning Board and City Council meeting discussion between the Committee and Anthony Soto from the School Dept. It was noted that the new contract would allow for more direct day to day oversight of the school lunch programs. It was noted that the oversight director has had very good experience with other schools and that is why the Committee felt comfortable authorizing the change.
Mr. Soto addressed the Council saying that the contract was an inter-governmental agreement that would need City Council approval. It was noted that the individual would be stationed in Springfield but would have a deputy in the Holyoke Schools. It was noted that for $30,000 Mr. Soto believes that the City is getting one of the top quality individuals in the state. Motion was made and seconded to adopt the order: Order adopted 12-0 (Roman abstained)

The Committee on Public Service to whom was referred an order That the City of Holyoke adopt MGL CH 39, Sec 23D in order to allow commitee members to miss one meeting during the public hearing process.
MGL Ch 39, Sec. 23D
Section 23D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.

(b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section.
have considered the same and Recommend that the order be adopted .

Under Discussion:
Committee Chair Vacon spoke on the order and noted that Council Sullivan worked with Andrew Smith on the order. It was noted that currently people on boards are not allowed to miss one public hearing meeting and still be able to vote. It was noted that this would adopt state law and allow for a member to miss one meeting as long as they stipulate in writing that they have read the necessary communications and listened to all available information before making a vote. Motion made and seconded to adopt the order: Order adopted 13-0

Committee Members:
James M. Leahy
Rebecca Lisi
Joseph M. McGiverin
Jossie M Valentin
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 (Lebron-Martinez).
Approved by the Mayor.

Motion was made and seconded to suspend rules and take Items 12B and 12C as a package
The Committee on Ordinance to whom was referred an order that the city council adopt a rent control ordinance for the arts and industry overlay zone and other zones as appropriate in order to protect current residents from being displaced as new residential and commercial tenants begin to seek out space in our city’s center.
have considered the same and Recommend that the order has been complied with .

Under Discussion:
Councilor Vacon spoke and noted that the City’s authority was limited by state law as it pertains to rent control. It was noted the Law Dept. informed the Committee that an attempt to control rent in the City would unduly supersede state law. Councilor Vacon also stated that the fair chance rule was discussed and that the City does not have a check off box relative to the matter. It was noted that there is another order in the Ord. Jacket that Councilor Roman is pursuing but at this time the Committee felt the matter has been complied with. Item 12B and 12C complied with by voice vote.

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
—> Report of Committee received and recommendation adopted.

The Committee on Ordinance to whom was referred an order, that the City of Holyoke through ordinance pass the “Fair Chance Rule,” requiring that the city itself as an employer make revisions to its current civil service processes and eliminate any barriers including the checking of the “box,” during an interview and application process, that may preclude applicants with criminal records from gaining employment with the City of Holyoke and/or its contractors.  Giving exception to any employment having to deal with the elderly, finances, and the youth
have considered the same and Recommend that the order has been complied with .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
—> Report of Committee received and recommendation adopted.

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 “COPS Hiring 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.
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .
Under Discussion:
Committee Chair McGiverin gave info on the grant noting that it is a three year grant in the amount of $127,000 that would be used for hiring. Councilor McGiverin also stated that the grant requires a $62,000 match from the City. Motion was made and seconded to approve Item 13A: Clerk called the roll: Item 13A approved 12-0 (Leahy abstained)

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 12–Nays 0–Absent 0. Councilor Leahy did not vote or participate in discussion on this item.
Approved by the Mayor.

The Committee on Finance to whom was referred an order  that there be and is hereby appropriated by transfer in the fiscal year 2018, Two thousand four hundred and 00/100 Dollars ($2,400.00) as follows:
FROM:
11352-54200    Office Supplies        $2,400.00
TOTAL:    $2,400.00
TO:
11351-51250    Temp/Seasonal        $2,400.00
TOTAL:    $2,400.00
have considered the same and Recommend that the order be adopted .
Under Discussion:
Committee Chair McGiverin spoke on the order and noted that the money would be within the Auditors department for temp. It was noted that the money would go from supplies to temp seasonal for an employee who has been out on medical leave and to pay Bellamy Schmidt who has come in to help with the City’s financial situation and getting books up to date to close the books. Councilor McGiverin stated that his is relatively cheap based on the progress being made. Councilor McGiverin stated that the person out on medical leave is either returned or will be returning soon. It was noted that Bellamy Schmidt has been appointed to the Auditor position in place of Joshua Pueschel who did resign. Councilor Leahy stated that he would vote against the order because in reading Mr. Pueschel’s resignation letter that some accounts were not reconciled for multiple years and that payments were behind. Councilor Leahy stated that he feels uncomfortable with the money going to an individual that was in the office previous. Councilor McGiverin stated that the office is already understaffed and is making progress but that it would be important to get the money into the Dept. to allow it to function properly. Councilor McGiverin called for the City to get back to the fundamentals of municipal finance, noting that the use of debit cards is a turn away from the time tested accepted way of doing things that include built in checks and balances. Councilor Vacon also spoke and stated that she would not support the transfer noting the various issues with the finances of the City. Councilor Leahy also spoke and encouraged the Council to seek a new permanent auditor sooner rather than later. Councilor McGee pointed out that the transfer would have been to hire Bellamy as Temp. Seasonal and the money would have went to him. It was noted that now that he would be the interim auditor getting : money from a different line item which could render the transfer moot. It was questioned as to whether money was owed to Mr. Schmidt for services rendered. Motion made and seconded to table the order: motion defeated by hand vote.
Motion to send the order back to Committee: Motion passed Item referred back to Finance Committee.

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
—> Report of Committee received and referred to the Finance Committee.

Motion was made and seconded to suspend the rules and take items 13C and 13D as a package
The Committee on Finance to whom was referred an order  that there be and is hereby appropriated by transfer in the fiscal year 2018, TWO THOUSAND TWENTY-SIX AND 85/100 Dollars ($2026.85) as follows:
FROM:
12201-51105    FIREFIGHTERS        $2026.85
TOTAL:    $2026.85
TO:
12201-51180    INJ ON DUTY        $2026.85
TOTAL:    $2026.85
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .
Under Discussion:
It was noted that both orders were for injured on duty for the HPD and HFD. Committee Chair McGiverin noted that there was documentation given that shows injuries are actually down right now for the year. It was noted that MGL requires the injured on duty officers be paid in this way. Councilor McGiverin also detailed how the Chief’s try to reign in overtime when employees are injured on duty. It was also noted that in some instances there are employees stuck between injured on duty and disability leave. Councilor McGee stated that because of new rules these types of transfers need to go through the Council and that this transfer is required. It was noted that this new rule allows for better transparency for the Council to observe these transfers. Item 13C and 13D approved 13-0

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
—> Report of Committee passed two readings 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 Finance to whom was referred an order hat there be and is hereby appropriated by transfer in the fiscal year 2018, Eight Hundred Forty-four and 88/100 Dollars ($844.88) as follows:
FROM:
12101-51107    PATROLMEN        $844.88
TOTAL:    $844.88
TO:
12101-51180    INJ ON DUTY        $844.88
TOTAL:    $844.88
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee

—> Report of Committee passed two readings 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 Finance to whom was referred an order That the city council approve payment of prior year bill to Grynn and Barrett for Government portraits.  The payment will come from the City Hall Supplies budget line.
have considered the same and Recommend that the order be adopted .
Under Discussion:
Councilor McGiverin spoke and stated that the money is for a bill from prior year that is owed to Grynn and Barrett. Councilor McGiverin stated that this is a prior year bill now and that the City needs to receive an appropriation in order to make the payment for the bill. Motion made and seconded to table the order and refer a copy to the Mayor in order to get an appropriation: Item 13E tabled 13-0

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
—> Report of Committee received, copy to Mayor Morse to request that an apporopriation be sent to the City Council for a financil transfer to cover last years photo, this years photo and to repair a photo that fell off the wall..

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, TWO THOUSAND SIX HUNDRED NINETY-ONE AND 10/100 Dollars ($2,691.10) as follows:
FROM:
12101-51103    CAPTAINS        $1035.00
12101-51204    PT CLERKS        1500.00
12101-51204    PT CLERKS        156.10
TOTAL:    $2,691.10
TO:
12101-51104    LIEUTENANTS        $1035.00
12101-51110    SR CLERKS        1500.00
12101-51118    ADMIN ASST        156.10
TOTAL:    $2,691.10
(Recommended by the Mayor)
have considered the same and Recommend that the order be adopted.
Under Discussion:
Committee Chair McGiverin stated that the Chief of Police and Sgt. Hart met with the Committee and that positions move in the Dept. over the course of the year and that they are backfilled and therefore need the appropriation. It was noted that the Committee voted 4-0 to approve the order. Clerk called the roll: Item 13F approved 13-0

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
—> Report of Committee passed two readings 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 Finance to whom was referred an order Whereas:  Property values in the City have risen at a very modest rate and are taxed at the maximum amount allowed.  Any increase in property values should reflect a decrease in the tax rate.
Whereas:  Level funding will not work in addressing the City’s impending financial woes.
Whereas:  Stronger measures must be implemented now in order to avoid a financial crisis and lessen the burden on taxpayers.
The Holyoke City Council hereby encourages the Mayor to submit a budget that incorporates a reduction in total spending of at least 2.5%.
have considered the same and Recommend that the order be denied .
Under Discussion:
It was noted that the Committee recommendation was to deny the order. Committee Chair McGiverin spoke on the order and gave an overview summary of discussion that took place in Finance Committee. Councilor McGiverin commended Councilor Sullivan for his intentions on the order to send a message to tighten the fiscal belt in the City. Councilor McGiverin spoke and noted loss of revenues because of the Mt. Tom Coal Plant. Councilor McGiverin stated that to tie the mayor to a certain dollar figure is very tough based on the City’s revenue stream and the effort to keep the City services level. Councilor McGiverin stated that in his view he would like to fight for City services instead of looking to cut City services. Councilor Sullivan gave a number of areas within the budget where he feels cuts could be made without effecting City services. Councilor Sullivan spoke on 400,000 dollars paid to HG&E for street lighting and stated that this should be re-negotiated for a better price. Councilor Sullivan stated that the City can not spend money it doesn’t have and should look for creative cuts. Councilor Vacon spoke in favor of the order noting that there seems to be a lack of communication between Dept. Heads and the Mayor of the City. Councilor Vacon stated that there needs to a serious look at cuts as a way to see the City live within its means as a prudent way of going forward financially. Councilor Bresnahan spoke on some of the : payments made from City Hall that he sees as frivolous noting new TVs in the hallway, new telephones in each department and the city Christmas tree. Councilor Bresnahan spoke in favor of the order. Councilor Roman supported going department by department in order to get updates and seeing where cuts are taking place and where cuts can reasonably take place without gutting services. Councilor Lisi spoke on retaining talent in City Hall and re-looking at the salary study that the City paid for. Motion was made and seconded to deny the Committee report: Clerk called the roll: Committee report denied Yeas 5 (Lebron-Martinez, Lisi, McGiverin, Tallman, Valentin)–Nays 8–Absent 0.

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
—> Report of Committee received and Denied on a call of the roll of the yeas and nays –Yeas 5 (Lebron-Martinez, Lisi, McGiverin, Tallman, Valentin)–Nays 8–Absent 0.

ORDERS AND TRANSFERS

VACON Ordered, that that any department head who approves pay for an employee who has exhausted all paid benefits for a non-work related injury or issue be required to have written approval by the Mayor and an approved transfer or appropriation from the City Council.
—> Received and referred to the Finance Committee. Copy to Law Department.

VACON Ordered, that That the planning board please provide written minutes of the meeting of Feb. 13,  2018.
—> Received and adopted. Referred to the Planning Board. Please submit copy to the Ordinance Committee..
Approved by the Mayor.

VACON Ordered, that that the City Solicitor provide a legal opinion re:  whether a permit for a project can be extended beyond the initial approval by a board, if the law has changed the approval process at the time of the request for an extension.
—> Received and adopted. Referred to the Law Department. Please have legal opinion for next meeting..
Approved by the Mayor.

BARTLEY Ordered, that HPD enforce traffic ordinances in the Fenton St area. Speeding is the major concern of neighborhood residents. Report back to public safety committee.
—> Received and adopted. Referred to the Holyoke Police Department. Copy to Public Safety Committee.
Approved by the Mayor.

BARTLEY Ordered, that HPD set up traffic enforcement along Northampton St. between Whiting Farms Rd. and Beech/Cherry Sts during peak traffic times (ie 7-9 a.m. and 3-6 p.m.) to enforce the various motor vehicle ordinances (speeding, do not block the box, running red lights, idling in crosswalk, not yielding to pedestrians, etc.) and report back to the Public Safety Committee with any findings.
—> Received and adopted. Referred to the Holyoke Police Department.
Approved by the Mayor.

BARTLEY Ordered, that The Law Dept. issue an update on the city’s Receivership program by the end of March 2018 and forward same to DGR committee for a hearing (ie some time in April).  The Law Dept. should plan to provide regular updates every 6 months.  (For example, DGR would take this up each April and October and report back to the full CC). This is a great program and the public should be aware of the progress.
—> Received and adopted. Referred to the Legal Department. Copy to DG & R.
Approved by the Mayor.

BARTLEY Ordered, that The DPW superintendent and the Mayor look into making Rt. 5 in the Crosier Field area and Mackintosh Terrace safer for pedestrians.  Please provide feedback on a pedestrian crossing light at the intersection near Center School as well as speed humps on Mackintosh Terrace and, finally, a sidewalk on the north side of Mackintosh Terrace.  HPD should provide motor vehicle crash & accident data for Rt. 5 between Beech & South St. as well as Mackintosh Terrace. Refer to Ordinance, HPD, DPW & the Mayor.
—> Received and adopted. Referred to the Holyoke Police Department. Copy to Ordinance.
Approved by the Mayor.

BARTLEY Ordered, that Holyoke has to get serious about cleaning up its image.  Recommend to the Mayor that a street sweeper clean every street at least once annually and then as many other streets as possible twice annually.  Refer to Mayor, Suez and DPW superintendent.  Copy to Public Safety to track progress.
—> Received and adopted. Referred to the DPW, Suez & Mayor. Copy to Public Safety.
Approved by the Mayor.

BARTLEY, Anderson-Burgos, Bresnahan, Leahy, Lebron-Martinez, Lisi, McGee, McGiverin, Roman, Sullivan, Tallman, Vacon, Valentin Ordered, that Ordered, that in accordance with M.G.L. ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council consider declaring a parcel at 278 Pine Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors’ records as Map 004, Block 06, Parcel 013 and is more particularly described at the Hampden County Registry of Deeds in Book 21088, Page 399.
—> Received and referred to the Development and Governmental Relations Committee.

LEAHY, McGee, Roman Ordered, that Order that the honorable Holyoke City Council invite in Betsy Frey in to give her a proclamation on behalf Holyoke Sporting Goods 90th Birthday. Holyoke Sporting Goods was established in 1928 and continues to supply local teams, schools, organizations, businesses and individuals brand name sporting merchandise at competitive prices.
—> Received and adopted.

LEAHY, Vacon Ordered, that The City Council be notified by department heads on all allegations of missing funds within three business days.
—> Received and adopted. Copy to Ordinance.
Approved by the Mayor.

LEAHY, McGee, Roman, Vacon Ordered, that Order that the city council invite in City Treasurer Sandra A. Smith and a Holyoke Police Department representative(s) to a Public Service subcommittee meeting to discuss the procedures and protocols for transferring funds in the Treasurer’s office and other city departments.
—> Received and referred to the Public Service Committee.

MCGEE Ordered, that Order that a street sign for MONTGOMERY AVE be placed at the RIVER TERRACE entry into Montgomery Ave.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

MCGEE Ordered, that that the missing sign for WYCKOFF AVE.. be replaced.  As one travels north on Montgomery the street becomes dead end.  The Dead end sign is in good shape but the WYCKOFF AVE. street sign is missing.  That sign used to be posted directly atop the DEAD END sign.
—> Received and adopted. Referred to the DPW.
Approved by the Mayor.

MCGEE Ordered, that Order that the HG&E install a street light on the current pole located on Alma Road (which is the corner of Jarvis Ave and Alma Road.)
—> Received and adopted. Referred to the HG & E.
Approved by the Mayor.

ROMAN Ordered, that Ordered that the City of Holyoke through ordinance create and draft/adopt ACCESSORY DWELLING UNITS language to the City Charter.  Accessory dwelling units (also known as ‘accessory apartments’, ‘guest apartments’, ‘in-law apartments’, ‘family apartments’ or ‘secondary units’) provide units that can be integrated into existing single family neighborhoods to provide low priced housing alternatives that have little or no negative impact on the character of the neighborhood.   ( RECOMMENDED TO SEND ORDINANCE COMMITTEE)
—> Received and referred to the Ordinance Committee.

ROMAN, Leahy Ordered, that Ordered that the City of Holyoke approve a penalty fee for throwing trash into public waste replicates $100.00 for individuals home waste, and $250.00 for business waste.   Current public receptacles are being filled with home waste and business waste and over flowing in public parks, side walks etc.   ( RECOMMENDED TO SEND ORDINANCE COMMITTEE)
—> Received and referred to the Ordinance Committee. Copy to DPW.

ROMAN, Valentin Ordered, that That the City of Holyoke amend its Marijuana legislation to include the Equity Provision based off of a similar program instituted in the City of Oakland California. . This program addresses past disparities in the cannabis industry by prioritizing the victims of the war on drugs and minimizing barriers of entry into the industry. ( RECOMMENDED TO SEND ORDINANCE COMMITTEE)
—> Received and referred to the Ordinance Committee.

ROMAN Ordered, that That the City of Holyoke amend through ordinance or charter (whichever is deemed appropriate by the law department.) any and all host community agreements made by the Executive must be ratified and approved by the City Council in order for them to take effect.  All previous agreements shall be grandfathered in and not need ratification, but all others going forward must be approved by a simple majority of the City Council.  (RECOMMENDED TO SEND ORDINANCE COMMITTEE or CHARTER AND RULES DEPENDING ON RECOMMENDATION OF LAW DEPARTMENT)
—> Received and referred to the Charter and Rules.

ROMAN Ordered, that That the Law Department provide a dollar amount of small claims settlements against the City of Holyoke due to Pot Holes on Main Street from Ingleside and Main through the West Springfield Town Line. (RECOMMENDED TO SEND TO PUBLIC SAFETY)
—> Received and referred to the Public Safety Committee.

ROMAN, Leahy, Lebron-Martinez, Lisi, McGiverin, Tallman, Valentin Ordered, that Ordered that the City of Holyoke take up and approve the salary study completed in 2014, and include in its salary revisions salaries of the Mayor, City Council and School Committee Members.  (RECOMMENDED TO SEND ORDINANCE COMMITTEE)
—> Received and referred to the Ordinance Committee.

ROMAN, Leahy Ordered, that That the DPW repair and completely replace the entire stretch of Main Street from Ingleside and Main through the West Springfield Town Line.  Temporary patches continue to reopen and are a cause of major pot hole related car damages, etc.  (RECOMMENDED RECEIVE & ADOPT WITH A COPY TO PUBLIC SAFETY)
—> Received and referred to the Public Safety Committee.

LATE FILED ORDERS & COMMUNICATIONS

From Joshua Pueschal, letter of resignation
—> Received and referred to the Finance Committee.

LEAHY, Bartley, Bresnahan, Roman, Vacon Ordered, that That the mayor’s office provide the the city council copies of the last 12 months of statements on the city credit/debit card card  Additionally, please provide information on its origination, who maintains custody and procedures on its use, such as who may use and/or sign on it, how payments are made and how charges are accounted for in the budget?
—> Received and adopted. Copy to Finance.
Returned without signature from the Mayor.

VACON Ordered, that I have called the Office of Inspector General seeking an investigation of the financial management of our city and ask the City Council as a whole to join me in a request for investigation.
—> Received and adopted. Copy to Finance.

VACON Ordered, that That all credit/debit cards held by any person be turned in to our City Solicitor
and those accounts be frozen until an investigation/audit is completed.  Any expense of the city is to be made by check request with proper authorization.
—> Received and adopted. Referred to the Legal Deptartment. Copy to Finance.
Returned without signature from the Mayor.

LISI Ordered, that That the City Council invite in our outside auditors, Melasnson and Heath, to participate in the conversation with the former City Audito Josh Pueschal, former City Auditor Brian Smith and former City Purchasing Director David Martins.
—> Received and referred to the Finance Committee.

MCGEE Ordered, that That the Auditor and Treasurer confirm that the $5,000 budgeted for the stage and sound for the Hispanic Family Festival has been allocated to the Festival. Response to be provided to City Council ASAP.
—> Received and referred to the Public Safety Committee.

MCGEE Ordered, that That the City Council (Finance Committee) invite in Audior/former Auditor Joshua Pueschal to address his letter of resignation and finances in the city. Also, invite in Brian Smith and David Martins.
—> Received and referred to the Finance Committee.

MCGEE, Roman Ordered, that That the DPW & Park and Rec provide an update on the tennis courts, Mackenzie field house, and pool projects (timelines for completing, status, etc) which the city has bonded for and received grants on.
—> Received and referred to the Public Safety Committee.

MCGEE Ordered, that That the Park and Rec Department and Commissioners provide the City Council with an update on the permitting status to the Hispanic Family Festival. —> Received and referred to the Public Safety Committee.

MCGEE Ordered, that That the Personnell Department post/advertise the Audtior position starting now 2/20/18. The posting should be listed in business journals, Mass Municipal Association, the local papers, city webpage etc.
—> Received and adopted. Referred to the Personnel Department. Copy to Public Service.
Approved by the Mayor.

ROMAN, Bresnahan, McGee, Tallman, Vacon, Valentin Ordered, that That the City Council and Mayor request and approve the use of the State Auditor (Suzanne Bump office) to conduct and do an audit of all the city finances for the City of Holyoke.
—> Received and laid on the table.

 

Adjourn at 09:45 PM.
A true record
ATTEST:

______________________________
City Clerk


Jeffery Anderson-Burgos
Administrative Assistant to the City Council

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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