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Holyoke City Council Meeting September 19, 2018

Sep 19 2018

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

AGENDA FOR THE CITY COUNCIL
September 19,2018

LAID ON THE TABLE

1. The Committee on Finance to whom was referred an application of Mr. Fara Bahrehmand to renew a license to operate taxi cab number 65, 09, 27, 29, and 58 upon any public way in the City of Holyoke Recommend that the applications be approved

2. The Committee on Finance to whom was referred an order   that The Mayor and others knowledgeable please provide a detailed explanation as to how a city employee personally paid for IT services prior to the close of FY18.  Recommend that the order be adopted

PUBLIC COMMENT

COMMUNICATIONS

3. From Bellamy Schmidt, City Auditor re: Monthly Budget Reports for General Fund and Sewer Fund as of July 31, 2018.

4. From Brenna Murphy McGee, MMC minutes of September 5, 2018.

5. From Board of Fire Commission minutes of August 15, 2018.

PETITIONS

6. Petition of RISE Holdings, Inc. for a special permit for a Registered Marijuana Dispensary located at 130 Race St.

7. Petition of Solurge Inc. for a special permit for a Registered Marijuana Dispensary located at 650 Beaulieu St.

8. Petition of Frank Dailey, for a Registered Marijuana Retail Establishment (RMRE) to be located at 73 Sargeant St.

9. Petition of Jorge I. Alvarez for a special permit for a driveway on a front yard at 45 Longwood Ave.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

10. Ordinance Committee Reports (if any)

10A. The Committee on Ordinance to whom was referred a Special permit application from Holyoke Gardens LLC for a Marijuana Manufacturing Establishment (MME) at 5 Appleton St.  May 049 Block 01 Parcel 006  Recommend that the Sp. Permit be approved with the following conditions:
1. That the owner of the building always pay commercial property tax rate to the extent allowed by Federal, State, and Local Laws for the duration of the Sp. Permit
2. That the business retain a minimum 30% Holyoke residents for of non-security jobs
3. That Hiring preference be given to security personnel that are retired Holyoke Police or are a retired member of another police department now lives in the City of Holyoke
4. There shall be no marijuana consumption to be allowed on site
5. There shall be no deliveries of retail or medical marijuana rom the site to individual homes, residences or people
6. That hours or operation be 8am to 8pm Monday through Saturday and 8am to 5pm on Sunday.

10B. The Committee on Ordinance to whom was referred an order that Section 2-470 be amended to coincide with the Community Preservation Committee Application Schedule, as follows:

DRAFT Sec. 2-470. – Schedule.
In any given year, the committee shall maintain the following schedule: in March, the committee shall develop and submit its operational and administrative budget to the mayor in accordance with section 2-469(c); in April, the committee shall make its final proposal recommendation to the City Council in accordance with section 2-468; in July, each designating authority shall appoint members in accordance with section 2-467. The committee shall meet as necessary to fulfill its required duties, except that the committee shall meet no less than four times in any fiscal year. Recommend that the order be adopted

10C. The Committee on Ordinance to whom was referred that the council adopt an ordinance requiring city council approval of any license agreement for the use of city-owned real property where the term of such agreement exceeds thirty (30) days.  The Council enacted such an ordinance on February 2, 2016, however, the provision inserted as Section 2-349(c)(1) does not appear currently appear in the print or online Municode.  It appears the provision was not included in the legal form rewriting “Division 3. Purchasing Department” and adopted by the City Council on September 21, 2016.  The legal form may have been based on a version of Division 3 in effect prior to the enactment of Section 2-349(c)(1) Recommend that the order be adopted

10D. The Committee on Ordinance to whom was referred an order that The City Council create a “temporary sign” ordinance that regulates when such temporary signs can be placed in homeowners’ yards and on commercial buildings or otherwise in public view. Recommend that the order be adopted

11. Finance Committee Reports (if any)

11A. The Committee on Finance to whom was referred an order that the committee on finance to whom was referred a financial transfer request of $275,874 FROM: Stabilization Fund TO: Capital Outlay – Motor Vehicles Recommend that the Financial Transfer be approved

11B. 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 “FY2017 Byrne Justice 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. Recommend that the order be adopted

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 “2018 Connecticut River CSO Mitigation ” 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

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 “Recycling Dividends 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. Recommend that the order be adopted

11E. The Committee on Finance to whom was referred an order that the amount of Eighty three and 33/100 Dollars ($83.33) be authorized from the Personnel Department’s Medical Claims – Police and Fire (19412-57640) appropriation in fiscal year 2019 for services rendered in fiscal year 2018 which were unencumbered at the 2018 fiscal year end.
Recommend that the order be adopted

11F. The Committee on Finance to whom was referred an order that the amount of One hundred sixty and 00/100 Dollars ($160.00) be authorized from the Personnel Department’s Advertising (11522-53430) appropriation in fiscal year 2019 for services rendered in fiscal year 2018 which were unencumbered at the 2018 fiscal year end
Recommend that the order be adopted
11G. The Committee on Finance to whom was referred an order that the Board of Health department head and the Animal Control Officer appear before the City council to discuss both the merits of the Thos. J. O’Connor Animal Control & Adoption center and alternatives thereto.  Advise the BOH to provide any reports or studies to the city council in advance of a subcommittee hearing.
Recommend that the order has been complied with

11H. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2019, Four thousand two hundred eighty-eight and 00/100 Dollars ($4,288) as follows:

FROM:
15411-51105       Social Worker                      $4,288
TOTAL: $4,288
TO:
15411-51102       Nutrition Director                                $1,288
15411-51104       Utility Person                       759
15411-51202       Health Services Provider                    1,177
15411-51203       Driver                     1,064
TOTAL: $4,288 Recommend that the order be adopted

11I. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2019, Three thousand and 00/100 Dollars ($3,000) as follows:

FROM:
12401-51105       Pay-Plumbing Inspector                    $3,000
TOTAL: $3,000
TO:
12402-53040       Plumbing Inspections                         $3,000
TOTAL: $3,000 Recommend that the order be adopted

11J. The Committee on Finance to whom was referred Petition of  Diego Munoz-Torres for a new second hand license at 247 Main St. Recommend that the application be approved

11K. The Committee on Finance to whom was referred that there be and is hereby appropriated by transfer in the fiscal year 2019, One thousand fifty and 00/100 Dollars ($1,050) as follows:

FROM:
12401-51105       Plumbing and Gas Inspector                             $1,050
TOTAL: $1,050
TO:
12401-51101       Building Commissioner                     $1,050
TOTAL: $1,050 Recommend that the order be adopted

11L. The Committee on Finance to whom was referred that the City Council invite in Pam Peebles of the TJO Animal Control
Recommend that the order has been complied with

11M. The Committee on Finance to whom was referred an order Communication from the Holyoke Water Works RE: Informational meeting with the City Council to discuss various financial matters concerning the Holyoke Water Works Recommend that the order has been complied with

12. Public Safety Committee Reports (if any)

13. Public Service Committee Reports (if any)

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

14A. The Committee on Development and Governmental Relations to whom was referred an order communication from Alicia M. Zoeller, Office of Community Development Re: FY2017 Annual Plan Re-Programming II of Community Development Block Grants Recommend that the annual re-programming II of CDBG funds be approved

14B. The Committee on Development and Governmental Relations to whom was referred an order that a committee be formed to study the future of and make recommendations on the future use of the Whiting Reservoir.  In excess of 1.5 million dollars in repairs and upgrades to the dam and spillway are needed.  The state will soon order that the water level be drawn down six feet.  This will expose acres of new shore line and adversely affect the appearance of the area.  Committee should include a member of the Water and Conservation Commissions, OPED, abutting stakeholders, and a City Councilor. Recommend that the order has been complied with

14C. The Committee on Development and Governmental Relations to whom was referred an order that the Water Commissioners & Dept. head meet with the council to discuss and update issues regarding Ashley & Whiting Reservoir, tax abatements. Recommend that the order has been complied with

15. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

17. ANDERSON-BURGOS — that handicap spaces on Ivy Ave be condensed to one space in front of 8 Ivy Ave, to be located on the East side of the street, 90 feet North of Dwight St.

18. ANDERSON-BURGOS — that a handicap sign be placed in front of 184 Sargeant St. for Migdalia Colon.

19. BARTLEY — City Council invite Holyoke’s state delegation to
ROMAN a future DGR committee meeting.

20. BARTLEY — Quality of life issues:
a) Trim branches at 95 Carlton, 54 Lawler, and Grandview St.
b) Repair sidewalk at 409 S Elm St to help disabled child.
c) Replace sidewalk at Queen St corner near King St to ensure ADA compatibility.
d) Extend sidewalk on High St north of Career Point to prevent Mom’s walking in roadway.
e) Install berm at 41 and 45 Granville as it’s my 4th request
f) DPW advise home owner at 94 Brown re how tree from city tree belt impacts the foundation of the home.

21. LEBRON-MARTINEZ — that a handicap sign be placed in front of 130 Cabot St. for Diana Torres.

22. MCGEE — that the City Council meeting of November 6, 2018 be rescheduled due to the General State Election on such day.

23. MCGEE — Order that the City Council give a proclamation to John J. Driscoll of Holyoke “the 2018 recipient of the Dwight Award”.

24. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2019, TWENTY NINE THOUSAND TWO HUNDRED NINETEEN AND TEN CENTS/100 Dollars ($29,219.10) as follows:

FROM:
11631-51105 SR. ELECTIONS CLERK $29,219.10
TOTAL: $29,219.10
TO:
11631-51103 ASSISTANT REG. OF VOTERS $29,219.10
TOTAL: $29,219.10

 

 

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
September 19,2018

The meeting was called to order by President McGee at 07:28 PM.

The Clerk called the roll. Absent members: 2 (Lisi, Roman) Present Members 11 (Anderson-Burgos, Bartley, Bresnahan, Leahy, Lebron-Martinez, McGee, McGiverin, Sullivan, Tallman, Vacon, Valentin).

The name of Councilor Valentin was drawn to head the roll call voting.

Motion was made and seconded to suspend the necessary rules and take items 14B & 14C out of order
The Committee on Development and Governmental Relations to whom was referred an order that a committee be formed to study the future of and make recommendations on the future use of the Whiting Reservoir.  In excess of 1.5 million dollars in repairs and upgrades to the dam and spillway are needed.  The state will soon order that the water level be drawn down six feet.  This will expose acres of new shore line and adversely affect the appearance of the area.  Committee should include a member of the Water and Conservation Commissions, OPED, abutting stakeholders, and a City Councilor.
have considered the same and Recommend that the order has been complied with .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Nelson R. Roman
Under discussion:
Councilor Bartley gave information on the two orders. Councilor Bartley noted that Holyoke Water Works Director David Conti and Water Commissioner Mike Naidorf were in attendance for DGR meetings and provided info to the DGR Committee. Councilor Bartley stated that a great deal of data was revealed and discussed at the meeting. It was noted that the reservoir in question has been off line since 1997. It was noted that the costs being incurred pertaining to repair of the Dam brought this order about and that this cost was about 2 million dollars. Councilor Bartley gave some of the financial issues and projects that are coming up for the Water Works. It was noted by Councilor Bartley how funding could work for these projects. Councilor Bartley stated that funding for the projects would need to be figured out and considered soon. Councilor Bartley discussed the various restrictions that are on the Whiting Reservoir noting that the reason for these restrictions is because in theory the reservoir is still considered a drinking water source though it has been offline for many hears. Councilor Bartley spoke about the possibility of opening up Whiting Reservoir as a community resource for various recreational activities including fishing, swimming, boating, etc. It was noted that Councilor Bartley and Councilor Sullivan would be looking into filing an order and potentially starting sub-committee that would look into the Whiting Reservoir and various future options as an economic engine and revenue generator along with other potential options.
Councilor Sullivan spoke and gave info on why he filed the order and noted that he would like to look at ways to make the reservoir revenue producing. Councilor Sullivan stated that there are recreational uses that could work. Councilor Sullivan stated that zip lining fishing, skiing, commercial water bottling could work and noted that the City should work to facilitate this beautiful natural resource. Councilor Sullivan also stated that the water in the Whiting Reservoir is not polluted and is safe for drinking.
—> Report of Committee received and recommendation adopted.

The Committee on Development and Governmental Relations to whom was referred an order that the Water Commissioners & Dept. head meet with the council to discuss and update issues regarding Ashley & Whiting Reservoir, tax abatements.
have considered the same and Recommend that the order has been complied with .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Nelson R. Roman
—> Report of Committee received and recommendation adopted.

Motion was made and seconded to suspend the necessary rules and take items 11G & 11L as a package
The Committee on Finance to whom was referred an order that the Board of Health department head and the Animal Control Officer appear before the City council to discuss both the merits of the Thos. J. O’Connor Animal Control & Adoption center and alternatives thereto.  Advise the BOH to provide any reports or studies to the city council in advance of a subcommittee hearing.

have considered the same and Recommend that the order has been complied with .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin spoke and stated that after consideration and in depth discussion at the Finance meeting the committee is asking that the orders should be complied with. Councilor McGiverin gave information about the meeting and noted that BOH Director Brian Fitzgerald, Animal Control Officer Eric Velez, Pam Peebles, and other representatives from TJ O’Connor’s were present at the meeting and gave information to the Committee. It was noted that the Finance Committee would like to make a request to the Mayor that the full funding for TJ O’Conner’s would be restored to the budget. Councilor McGiverin gave the origin of the order noting that during budget time funding for TJ O’Connor was cut. Councilor McGiverin gave information on the various important services provided to Holyoke by TJ O’Conner. Councilor Leahy spoke and thanked people from TJ O’Connor’s for providing information to the Committee. Councilor Bartley stated that the whole idea of the order is to look at the expense and to see if there is an alternative because the price of the services is so high. Councilor Bartley spoke and stated that he did not see how the committee could make a recommendation to the Mayor through the Committee report. Councilor McGee spoke and gave reasons that he felt the recommendation to the Mayor was in order. Councilor Bartley asked to be on record objecting to the ruling of the Chair noting that these kinds of requests really have no teeth or tracking mechanism to make the request to the Mayor.
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred that the City Council invite in Pam Peebles of the TJO Animal Control
have considered the same and Recommend that the order has been complied with .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
—> Report of Committee received and recommendation adopted.

LAID ON THE TABLE

The Committee on Finance to whom was referred an application of Mr. Fara Bahrehmand to renew a license to operate taxi cab number 65, 09, 27, 29, and 58 upon any public way in the City of Holyoke Recommend that the applications be approved
—> Laid on the table.

Motion was made and seconded to suspend the necessary rules and take Late File A out of order
From Rory Casey, communication in response to order from Councilor Bartley.
Under discussion:
Councilor McGee read the entire communication from Rory Casey into the record. Councilor Bartley spoke and stated that it is not good process or practice that a City employee used personal funds to buttress the City budget in order to pay for a basic City expenditure. Councilor Bartley stated the procedural problems with the transaction noting that issues arise when protocols are not followed. Councilors noted that the one of the major issues was that had the bill not been paid in the way it was there was a real chance the City could lose its domain name, and that major meetings including the budget hearing would have been taken offline and caused for the meetings to be postponed or cancelled. Councilors agreed on the importance of keeping up with the bills and in following the process guidelines.
—> Received

The Committee on Finance to whom was referred an order   that The Mayor and others knowledgeable please provide a detailed explanation as to how a city employee personally paid for IT services prior to the close of FY18.  Recommend that the order be adopted
—> Complied with.

PUBLIC COMMENT

COMMUNICATIONS

From Bellamy Schmidt, City Auditor re: Monthly Budget Reports for General Fund and Sewer Fund as of July 31, 2018.
—> Received and referred to the Finance Committee.

From Brenna Murphy McGee, MMC minutes of September 5, 2018.
—> Received and adopted.

From Board of Fire Commission minutes of August 15, 2018.
—> Received.

PETITIONS

Petition of RISE Holdings, Inc. for a special permit for a Registered Marijuana Dispensary located at 130 Race St.
—> Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules and take items 7-8 as a package
Petition of Solurge Inc. for a special permit for a Registered Marijuana Dispensary located at 540 Beaulieu St.
—> Received and referred to the Ordinance Committee.

Petition of Frank Dailey, for a Registered Marijuana Retail Establishment (RMRE) to be located at 73 Sargeant St.
—> Received and referred to the Ordinance Committee.

Petition of Jorge I. Alvarez for a special permit for a driveway on a front yard at 45 Longwood Ave.
—> Received and referred to the Development and Governmental Relations Committee. Copy to Law Department.

REPORTS OF COMMITTEES

Motion was made and seconded to suspend the necessary rules and take items 11A & 11B out of order:
The Committee on Finance to whom was referred an order that the committee on finance to whom was referred a financial transfer request of $275,874 FROM: Stabilization Fund TO: Capital Outlay – Motor Vehicles
have considered the same and Recommend that the Financial Transfer be approved.

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
It was noted that Chief Febo and Sgt. Hart were present to speak on the order. Councilor McGiverin gave overview of the meeting that took place and the exact dollar amount that the HPD would need to buy the cruisers. It was noted that cruisers run 24/7 and that they are not assigned to a person they are assigned to a shift. Councilor McGiverin gave overview of the HPD fleet. It was noted that 6 cruisers would be purchased with the adoption of this order. Councilor McGee asked if there was any discussion on shifting money over to pay the expense of HPD cruisers. It was noted that this discussion did not come up in Finance Committee.
—> Report of Committee received and Denied on a call of the roll of the yeas and nays –Yeas 6 (Anderson-Burgos, Leahy, Lebron-Martinez, McGiverin, Tallman, Valentin)–Nays 5–Absent 2 (Lisi, Roman).

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 “FY2017 Byrne Justice 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.
(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
Under discussion:
Councilor McGiverin gave information on the grant and noted it would be for equipment for the Holyoke Police Dept. Councilor McGiverin listed off some of the equipment that would be purchased with the grant, it was noted that a paper shredder, a computer, and a smart television would be purchased with the grant. It was further noted that the grant was for $34,418 and that the grant would not need a match from the City.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lisi, Roman).
Approved by the Mayor.

The Committee on Ordinance to whom was referred a Special permit application from Holyoke Gardens LLC for a Marijuana Manufacturing Establishment (MME) at 5 Appleton St.  May 049 Block 01 Parcel 006
have considered the same and Recommend that the Sp. Permit be approved with the following conditions:
1. That the owner of the building always pay commercial property tax rate to the extent allowed by Federal, State, and Local Laws for the duration of the Sp. Permit
2. That the business retain a minimum 30% Holyoke residents for of non-security jobs
3. That Hiring preference be given to security personnel that are retired Holyoke Police or are a retired member of another police department now lives in the City of Holyoke
4. There shall be no marijuana consumption to be allowed on site
5. There shall be no deliveries of retail or medical marijuana rom the site to individual homes, residences or people
6. That hours or operation be 8am to 8pm Monday through Saturday and 8am to 5pm on Sunday.

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
Under discussion:
Councilor McGee spoke and gave information on the application including all of the conditions placed on the applicant. Motion was made and seconded to add conditions listed in communication from the Water Dept. It was noted that a late file communication was sent to the Council detailing complaints against Mr. David Caputo a principal and representative of Holyoke Gardens LLC. It was noted that these complaints were contained and detailed in Late File B
Motion was made and seconded to take up Late File B with Item 10A as a package:
It was noted that Late File B came in addressing the application. It was noted that there were complaints about Mr. David Caputo growing marijuana on the property along with various other violations by Mr. Caputo. Councilor McGee gave an overview of the findings.
Councilor Vacon noted that this information has come in at the last minute as a late file and wanted clarification as to what the Council could really do with these complaints in light of the fact that the public hearing has been closed for the Sp. Permit. Law Dept. addressed the question from Councilor Vacon. Motion was made and seconded to refer Late File B and the Sp. Permit back to the Ordinance Committee with a copy to the Law Dept.
—> Received and referred to the Ordinance Committee.

The Committee on Ordinance to whom was referred an order that Section 2-470 be amended to coincide with the Community Preservation Committee Application Schedule, as follows:

DRAFT Sec. 2-470. – Schedule.
In any given year, the committee shall maintain the following schedule: in March, the committee shall develop and submit its operational and administrative budget to the mayor in accordance with section 2-469(c); in April, the committee shall make its final proposal recommendation to the City Council in accordance with section 2-468; in July, each designating authority shall appoint members in accordance with section 2-467. The committee shall meet as necessary to fulfill its required duties, except that the committee shall meet no less than four times in any fiscal year.
have considered the same and Recommend that the order be adopted .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
Under Discussion:
Councilor Vacon spoke and stated that the ordinance in regards to the CPC needed to have a language change in order to accurately reflect the timing schedule that the CPC would follow in regards to taking in and screening applications and making recommendations to the City Council. It was noted that this is basically a housekeeping order and that the language change was needed to update the Ord. to reflect the actions of the Community Preservation Committee.
—> 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 9–Nays 0–Absent 4 (Bresnahan, Lisi, Roman, Tallman).
Approved by the Mayor.

The Committee on Ordinance to whom was referred that the council adopt an ordinance requiring city council approval of any license agreement for the use of city owned real property where the term of such agreement exceeds thirty (30) days.  The Council enacted such an ordinance on February 2, 2016, however, the provision inserted as Section 2-349(c)(1) does not appear currently appear in the print or online Municode.  It appears the provision was not included in the legal form rewriting “Division 3. Purchasing Department” and adopted by the City Council on September 21, 2016.  The legal form may have been based on a version of Division 3 in effect prior to the enactment of Section 2-349(c)(1)
have considered the same and Recommend that the order be adopted .

Committee Members:
Linda L. Vacon
David K. Bartley
Rebecca Lisi
Juan . Anderson-Burgos
Nelson R. Roman
Under discussion:
Councilor Vacon spoke and stated that the order was taken up because previously the order was adopted but the necessary language was not included and adopted in the municode. It was noted that adopting the order was simply an effort just to fix language that was previously passed in Council and that the hope was that in passing the order the necessary language would now be generated and added to the City Ordinances and in municode. Councilors discussed the order and the history of the order noting that if the order was already adopted it seems that the language should just be provided and added to municode and not re-voted upon. It was noted that Atty. Paul Payer made the suggestion that the order be re-voted upon in order to get the language codified. Councilor McGee stated that he has some issue with the City Solicitor interpretation and noted that language was provided, voted upon, and adopted at a previous meeting in 2016. Councilor McGee stated that while there may have been a glitch in codifying the law the answer to the problem is getting the language codified and not to re-vote or and go through the process again. Councilors discussed various ways of going about the order. Councilor McGee stated that he would like a legal opinion on the situation noting that he felt that the fact the order was adopted in 2016 the language is required to be put into municode. Councilor McGiverin noted that the actions of the Council are not re-doable and that actions and votes are final when taken.
—> Report of Committee received and laid on the table.

The Committee on Ordinance to whom was referred an order that The City Council create a “temporary sign” ordinance that regulates when such temporary signs can be placed in homeowners’ yards and on commercial buildings or otherwise in public view.
have considered the same and Recommend that the order be adopted .

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

 

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 “2018 Connecticut River CSO Mitigation ” 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 .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under Discussion:
Finance Committee Chair McGiverin spoke and gave information on the grant. It was noted that the City is responsible under the Clean Water Act mandate to address combined water and sewer drainage and runoff. It was noted that the grant contained in Item 11C was for $160,000 and would be used to address CSO issues and to ensure that Holyoke is in compliance with the Clean Water Act and therefore not subject to being fined. It was noted that the grant does not require any match from the City of Holyoke.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lisi, Roman).
Approved by the Mayor.

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 “Recycling Dividends 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.
(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
Under discussion:
Finance Chair McGiverin spoke and gave info on the order. It was noted that DPW Director Mike McManus gave info to the Committee. It was noted amount of grant was for 12,600 dollars. It was noted that money would be used to purchase 135 larger recycle bins. It was noted that these bins would be provided to residents who request them and that it would encourage more recycling.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lisi, Roman).
Approved by the Mayor.

Motion was made and seconded to suspend the necessary rules and take items 11E & 11f as a package
The Committee on Finance to whom was referred an order that the amount of Eighty three and 33/100 Dollars ($83.33) be authorized from the Personnel Department’s Medical Claims – Police and Fire (19412-57640) appropriation in fiscal year 2019 for services rendered in fiscal year 2018 which were unencumbered at the 2018 fiscal year end.
(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
Under discussion:
Finance Chair McGiverin spoke and gave info on the two orders. It was noted that the two financial transfers were necessary because the bills needed to be paid from the Personnel Dept. It was noted that a communication was given to the committee from Hector Carrasquillo and that an inadvertent mistake was made between the two personnel directors in making these payments.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lisi, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred an order that the amount of One hundred sixty and 00/100 Dollars ($160.00) be authorized from the Personnel Department’s Advertising (11522-53430) appropriation in fiscal year 2019 for services rendered in fiscal year 2018 which were unencumbered at the 2018 fiscal year end
(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 11–Nays 0–Absent 2 (Lisi, Roman).
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 2019, Four thousand two hundred eighty-eight and 00/100 Dollars ($4,288) as follows:
FROM:
15411-51105       Social Worker                      $4,288
TOTAL: $4,288
TO:
15411-51102       Nutrition Director                                $1,288
15411-51104       Utility Person                       759
15411-51202       Health Services Provider                    1,177
15411-51203       Driver                     1,064
TOTAL: $4,288
(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
Under discssion:
Councilor McGiverin spoke and gave information on the Collective Bargaining Agreement for the Council on Aging. It was noted that there were some salary increases and included in the contract. Councilor McGiverin stated that the committee was able to review the contract and that the committee feels that the contract should be ratified by approving the appropriation contained in the financial transfer.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 11–Nays 0–Absent 2 (Lisi, Roman).
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 2019, Three thousand and 00/100 Dollars ($3,000) as follows:
FROM:
12401-51105       Pay-Plumbing Inspector                    $3,000
TOTAL: $3,000
TO:
12402-53040       Plumbing Inspections                         $3,000
TOTAL: $3,000
(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
Under discussion:
Councilor McGiverin gave information on the order noting that Building Commissioner Cote attended the meeting and explained the necessity for the transfer noting that it was to pay for inspections that needed to be contracted out.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Leahy, Lisi, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred Petition of  Diego Munoz-Torres for a new second hand license at 247 Main St.
have considered the same and Recommend that the application be approved .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin gave information on the application and noted that the business would sell and buy old video games and electronics on the property. It was noted that the building does house 3 medium size businesses. It was noted that the applicants are fully aware of their responsibilities under ordinances to protect against theft and other illegal actions.
—> Report of Committee received and recommendation adopted.

The Committee on Finance to whom was referred that there be and is hereby appropriated by transfer in the fiscal year 2019, One thousand fifty and 00/100 Dollars ($1,050) as follows:

FROM:
12401-51105       Plumbing and Gas Inspector                             $1,050
TOTAL: $1,050
TO:
12401-51101       Building Commissioner                     $1,050
TOTAL: $1,050
(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
Under discussion:
Councilor McGiverin again stated the discussion that took place with Damian Cote in Finance Meeting. It was noted that this transfer was necessary to pay Building Commissioner to make up for cut that took place. Councilor McGiverin gave information on the cost of living adjustment.
—> Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays –Yeas 10–Nays 0–Absent 3 (Leahy, Lisi, Roman).
Approved by the Mayor.

The Committee on Finance to whom was referred an order Communication from the Holyoke Water Works RE: Informational meeting with the City Council to discuss various financial matters concerning the Holyoke Water Works
have considered the same and Recommend that the order has been complied with .

Committee Members:
Joseph M. McGiverin
James M. Leahy
Peter R. Tallman
Michael J. Sullivan
Todd McGee
Under discussion:
Councilor McGiverin spoke gave report on the order. Councilor McGiverin spoke on discussions that took place with Dave Conti. It was noted that a package of capital planning projects was presented to each Councilor and to the Finance Committee. Councilor McGiverin gave summary overview of the presentation made to Finance Committee.
—> Report of Committee received and recommendation adopted.

The Committee on Development and Governmental Relations to whom was referred an order communication from Alicia M. Zoeller, Office of Community Development Re: FY2017 Annual Plan Re-Programming II of Community Development Block Grants
have considered the same and Recommend that the annual re-programming II of CDBG funds be approved .

Committee Members:
David K. Bartley
Michael J. Sullivan
Jossie M Valentin
Peter R. Tallman
Nelson R. Roman
Under discussion:
Councilor Bartley gave full update on the reprogramming of CDBG funds. Councilor Bartley summarized the communication from Alicia Zoeller noting the changes in the funding.
—> Report of Committee received and recommendation adopted.

ORDERS AND TRANSFERS

Motion was made and seconded to suspend the necessary rules and take items 17 & 18 as a package
ANDERSON-BURGOS Ordered, that handicap spaces on Ivy Ave be condensed to one space in front of 8 Ivy Ave, to be located on the East side of the street, 90 feet North of Dwight St.
—> Received and referred to the Ordinance Committee.

ANDERSON-BURGOS Ordered, that a handicap sign be placed in front of 184 Sargeant St. for Migdalia Colon.
—> Received and referred to the Ordinance Committee.

BARTLEY, Roman Ordered, that City Council invite Holyoke’s state delegation to a future DGR committee meeting.
—> Received and referred to the Development and Governmental Relations Committee.

BARTLEY Ordered, that Quality of life issues:
a) Trim branches at 95 Carlton, 54 Lawler, and Grandview St.
b) Repair sidewalk at 409 S Elm St to help disabled child.
c) Replace sidewalk at Queen St corner near King St to ensure ADA compatibility.
d) Extend sidewalk on High St north of Career Point to prevent Mom’s walking in roadway.
e) Install berm at 41 and 45 Granville as it’s my 4th request
f) DPW advise home owner at 94 Brown re how tree from city tree belt impacts the foundation of the home.
—> Received and referred to the Public Safety Committee. Copy to DPW.

LEBRON-MARTINEZ Ordered, that a handicap sign be placed in front of 130 Cabot St. for Diana Torres.
—> Received and referred to the Ordinance Committee.
Approved by the Mayor.

MCGEE Ordered, that the City Council meeting of November 6, 2018 be rescheduled due to the General State Election on such day.
—> Received and adopted.

MCGEE Ordered, that Order that the City Council give a proclamation to John J. Driscoll of Holyoke “the 2018 recipient of the Dwight Award”.
—> Received and adopted.

MCGIVERIN Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2019, TWENTY NINE THOUSAND TWO HUNDRED NINETEEN AND TEN CENTS/100 Dollars ($29,219.10) as follows:

FROM:
11631-51105 SR. ELECTIONS CLERK $29,219.10
TOTAL: $29,219.10
TO:
11631-51103 ASSISTANT REG. OF VOTERS $29,219.10
TOTAL: $29,219.10

To the City Council:
I hereby recommend the passage of the above order at the meeting of your Council to be held Wednesday, September 19, 2018.

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

 

Adjourn at 09:55 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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