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Holyoke City Council Meeting April 5, 2022

Apr 5 2022

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

Status updates for orders

El Consejo Municipal 5 de abril 2022

Meeting will take place at Holyoke City Hall, 536 Dwight St
and can also be accessed remotely via www.zoom.us
https://us02web.zoom.us/j/81212155108?pwd=QVZmSXM2ODNWbG1wSVpieHdNcXdNUT09
Meeting ID: 812 1215 5108 Meeting Passcode: 893797 or by call in at 1 (646) 558-8656 with same Meeting ID and Passcode.

Live Spanish interpretation will be available on local access channel 15 using the television’s SAP option, through the live stream on the city website, as well as on the Zoom feed by clicking the interpretation option and choosing Spanish.

AGENDA FOR THE CITY COUNCIL

April 5 ,2022

LAID ON THE TABLE

1. The Committee on Charter and Rules to whom was referred an order that the City Council Administrative Assistant appointment be a two year appoint that coincides with the City Council terms Recommended that the order be adopted.

2. The Committee on Ordinance to whom was referred an order The City amend its zoning ordinances to allow for front yard pools by special permit of the City Council and to make any other necessary changes to the Swimming Pool ordinance. Refer to Ordinance Committee and copy to Building commissioner said special permit would be reviewed as part of a public hearing process. The current zoning for Swimming Pools (sec 4.5.2) as currently written, states:
The wall of a swimming pool shall not be located less than eight (8) feet to any dwelling or accessory structure, six (6) feet from any rear or side lot line, and ten (10) feet from the street line. A pool shall not encroach into any front or side yard of a parcel. In the case of corner lots, pools shall not be constructed within the front yards of the lot. Recommended that the order be adopted.

PUBLIC COMMENT

COMMUNICATIONS

3. From Mayor Joshua A. Garcia, letter reappointing Jeffrey A. Trask to serve as a the Emergency Management Director for the City of Holyoke: Mr. Trask will serve a one year term; said term will expire May 2023.

4. From Alicia M. Zoeller, Administrator for Office of Community Development re: FY2022 CDBG allocation Recommendations and FY2022 Resolution

5. From DPW Commissioner Patricia C. Devine letter re: Ordinance Language for Director of the DPW.

6. From Tanya Wdowiak, City Auditor, General Fund/Sewer YTD Expense & PILOT Reports

7. Communication regarding Main Street, Springdale Corridor, Executive Session.

8. From Massachusetts Association of Realtors, Guide to Understanding housing choice and its opportunities,

9. Communication regarding Main Street, Springdale Corridor, Feasibiltiy Study.

10. From Parks & Recreation minutes January 13, 2022.

11. From Board of Public Works minutes of February 7, February 23, & March 7, 2022.

12. From Board of Fire Commission minutes of February 28, 2022.

13. From Holyoke Board of Health, meeting minutes from October 4, 2021, November 1, 2021, December 2, 2021 and January 3, 2022.

14. From Holyoke Redevelopment Authority, minutes from February 16, 2022 meeting.

15. From City Clerk Brenna Murphy McGee and Admin. Assistant Jeffery Anderson-Burgos

16. From City Solicitor Lisa Ball, Legal Fees Calendar Year 2021 & FY22

17. From Navae Fenwick Rodriguez, Director of Holyoke Senior Center, Senior Tax Work Off Program

PETITIONS

18. Petition of Frank Ferrini for a renewal of a Second hand license at 375 Whitney Ave.

19. Petition of Tai Woong Kang for a renewal of a Second hand license at 311 High St.

20. Petition of William F. Sullivan & Co, Inc. for a renewal of a Junk Dealer at 1 Jeds Day Landing.

21. Petition of William F. Sullivan & Co, Inc. for a renewal of a Junk Dealer at 107 Appleton St.

22. Petition of Brad Matthews Jewelers, for a renewal of second hand license at 2225 Northampton St.

23. Petition of Holyoke Turn Verien, 624 South Bridge St. for renewal of 1 pool table and 6 bowling alley licenses.

24. Petition of Michael Morin for a 6.4 Signs Special Permit at 938 Main Street.

25. Petition for a zone change for Gennaro Santaniello at 18 Cabot St. from BH to BC.

PRESIDENT'S REPORT

REPORTS OF COMMITTEES

26. Ordinance Committee Reports (if any)

26A. The Committee on Ordinance to whom was referred an order Petition of Hybrid House LLC for a Marijuana Manufacturing Establishment at 55 Jackson St Recommended that the order be adopted with the following conditions:
1. That the owner of the building always pay the commercial property tax rate to the extent allowed by federal, state, and local laws for the duration of the Special Permit.
2. That the business retains a minimum 30% Holyoke residents for non-security jobs.
3. That the hiring preference be given to security personnel that are retired Holyoke police or are a retired member of another police department that now lives in the city of Holyoke.
4. There shall be no marijuana consumption allowed on site.
5. That the hours of operation be set according to City ordinances.
6. That the applicant must abide by Massachusetts General Laws and guidances from the Cannabis Control Commission.
7. That the petitioner/applicant shall conform with city and state health laws, rules, and regulations, including odor nuisance controls, for the duration of the permit.

26B. The Committee on Ordinance to whom was referred an order that the City Council amend Holyoke Zoning Ordinances Section 7.10.5.3(a) by deleting “other
use as listed in Table 4.3 of Principle uses” and inserting the following language in its place: “any pre-existing public or private school providing education in pre-kindergarten, kindergarten, or any grades 1 through 12” or other such legal form sufficient to resolve any uncertainty over the interpretation of the existing ordinance as compliant with state law. Recommended that the order be adopted.

26C. The Committee on Ordinance to whom was referred an order That the current buffer in the marijuana ordinance (200feet from any other use…)be reviewed and revised to schools, residences etc. to ensure opportunities for new marijuana businesses and to ensure continued development opportunities for established local business in accordance with our master plan, Connect, Construct, Create. Recommended that the order be adopted.

26D. The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 56 Linden St. for Hedy S. Jaundoo, Placard # PL4980420 Recommended that the order be adopted.

27. Finance Committee Reports (if any)

27A. The Committee on Finance to whom was referred an order CPA Recommendations for FY22 CPA Projects Recommended that order be adopted, with approval for Miracle League of Western MA and denial for Girls Inc.

27B. The Committee on Finance to whom was referred an order Petition for Segundo Solorzano for a Vendor License around Holyoke Streets Recommended that the order be denied without prejudice.

27C. 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 "FY21 EMERGENCY MANAGEMENT PERFORMANCE GRANT, $20,150, IN KIND MATCH, " 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 that the order be adopted.

27D. 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 "S.A.F.E. FIRE EDUCATION $6,275/ SENIOR SAFE $3,255, TOTAL $9,530, NO MATCH, " 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 that the order be adopted.

27E. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, FOUR THOUSAND FOUR HUNDRED FORTY AND 00/100 Dollars ($4,440.00) as follows:
FROM:
15432-57700 VETERANS BENEFITS-DIRECT $4,440.00
TOTAL: $4,440.00
TO:
11522-53009 CONTRACTED PROFESSIONAL SERVICES $4,440.00
TOTAL: $4,440.00 Recommended that the order be adopted.

27F. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, SEVENTY FIVE THOUSAND AND 00/100 Dollars ($75,000.00) as follows:
FROM:
12201-51105 FIREFIGHTER $75,000.00
TOTAL: $75,000.00
TO:
12201-51300 OVERTIME $75,000.00
TOTAL: $75,000.00 Recommended that the order be adopted.

27G. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, THREE THOUSAND AND 00/100 Dollars ($3,000.00) as follows:
FROM:
15432-57700 VETERANS BENEFITS - DIRECT $3,000.00
TOTAL: $3,000.00
TO:
19202-57200 OUT OF STATE TRAVEL $3,000.00
TOTAL: $3,000.00 Recommended that the order be adopted.

27H. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, TWENTY TWO THOUSAND SEVEN HUNDRED SIXTY EIGHT AND 00/100 Dollars ($22,768.00) as follows:
FROM:
11381-51103 INVENTORY CONTROL COORDINATOR $7,293.00
11381-51104 HEAD CLERK 15,475.00
TOTAL: $22,768.00
TO:
11381-51105 ACCOUNTS PAYABLE SPECIALIST $11,672.00
11381-51106 OFFICE SPECIALIST 11,096.00
TOTAL: $22,768.00 Recommended that the order be adopted.

27I. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, TWO HUNDRED THOUSAND AND 00/100 Dollars ($200,000.00) as follows:
FROM:
12101-51107 PATROLMEN $200,000.00
TOTAL: $200,000.00
TO:
12101-51300 OVERTIME $200,000.00
TOTAL: $200,000.00 Recommended that the order be adopted.

27J. The Committee on Finance to whom was referred an order New Second hand application for Jonathan Maldonado located at 385 Main St Recommended that the order be denied without prejudice.

28. Public Safety Committee Reports (if any)

28A. The Committee on Public Safety to whom was referred an order that the street number (which is currently) 380R Dwight Street (021-001-005) changed to 382 Dwight Street. Confusion between buildings (map lot 021-01-003), and the derelict neighbor (map lot 021-01-005) has a detrimental impact on public safety and has led to confusion by HG&E and other utility service providers Recommended that the order be adopted.

28B. The Committee on Public Safety to whom was referred an order that a traffic study be done at the corner of West Franklin and St Jerome. Residents are concerned about vehicles traveling down West Franklin at high speeds and the potential for collision with vehicles with an obstructed view driving off of St Jerome because of the bend in the road. They are asking for either speed humps or a four way stop Recommended that the order has been complied with.

28C. The Committee on Public Safety to whom was referred an order that a traffic study be done on Sargeant Street observing traffic between St. Jerome and Sycamore. Residents have mentioned several accidents in this area, possibly due the speed and obstructed views as vehicles travel around the bend. They have suggested a four way stop may be helpful at either Magnolia or Sycamore Recommended that the order has been complied with.

28D. The Committee on Public Safety to whom was referred an order that Capt. Moriarty provide an updated list of safety options or procedures put in place to deal with the security/safety at City Hall, sub committee meetings and full council meetings Recommended that the order has been complied with.

28E. The Committee on Public Safety to whom was referred an order that OPED, City Engineer & DPW explore improving (replace fencing, cut back tall grass and brush) the canal side of the street as well as what it would cost to install a walk, bike, run lane stretching from Canal St. and N.Bridge St. to Canal St. and Appleton St Recommended that the order has been complied with.

28F. The Committee on Public Safety to whom was referred an order that the city engineer look into potentially changing the driveway into Peoples Bank off of Beech St to only be an entrance. There have been safety concerns related to the slope of the driveway leading cars out of the property into traffic that is often rushing to make the light Recommended that the order has been complied with.

28G. The Committee on Public Safety to whom was referred an order that the public safety committee invite in the new Chair and Vice Chair for the Bike Ped Advisory Committee to discuss the Bike Ped committee, projects, etc Recommended that the order has been complied with.

28H. The Committee on Public Safety to whom was referred an order That the HG&E repair the lightening in Laurel Park on Laurel Street. The light in the park needs to be fixed asap and HG&E has fixed it in past and their help is needed once again Recommended that the order has been complied with.

28I. The Committee on Public Safety to whom was referred an order That the DPW repair the fountain at Laurel Park on Laurel Street. The fountain head was damaged recently and needs to be fixed for Memorial Day opening. Recommended that the order has been complied with.

28J. The Committee on Public Safety to whom was referred an order that the DPW put up warning signs informing drivers of upcoming raised sidewalks Recommended that the order has been complied with.

28K. The Committee on Public Safety to whom was referred an order That the city takes serious steps to create methods of enforcement. There are many ordinances and laws in place to protect citizens and support businesses. What good are all these laws and ordinances without enforcement? Ongoing city wide enforcement issues include; parking in no parking zones created specifically to aid in visibility for drivers and pedestrians, parking in reserved parking zones created for businesses to receive deliveries and or include customer parking, well over the 25mph speed limit violations especially throughout our more populated neighborhoods, traffic light violations, stop sign violations, trash violations, snow removal violations, etc, etc Recommended that the order has been complied with.

28L. The Committee on Public Safety to whom was referred an order that the Acting Mayor and City Council President present a plan and target date for opening city hall and resuming City Council meetings at City Hall Recommended that the order be given a leave to withdraw.

28M. The Committee on Public Safety to whom was referred an order that the public safety committee meet with representatives from any neighborhood watch programs to discuss any ideas about improving each program and building an active cooperation with the police department Recommended that the order be given a leave to withdraw

28N. The Committee on Public Safety to whom was referred an order that the public safety committee meet with the principal of Holyoke High School, the receiver, the mayor, the police chief and the vice chair of the school committee to discuss concerns about materials being promoted within the high school which seem to only further alienate the community from the police department. As an example of things to do instead of calling the cops is: "don't feel obligated to defend property-especially corporate private property. Before confronting someone or contacting the police, ask yourself if anyone is being hurt or endangered by property theft or damage. If the answer is no, then let it be." The goal of the order is to build a greater understanding and respect between the police and the community. Recommended that the order be given a leave to withdraw

29. Public Service Committee Reports (if any)

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

30A. The Committee on Development and Governmental Relations to whom was referred an order From Alicia M. Zoeller, Administrator, Office of Community Development, FFY2022 Community Development Block Grant Applications Awaiting disposition

30B. The Committee on Development and Governmental Relations to whom was referred an order That the Honorable City Council, in accordance with M.G.L. ch. 30B and the Holyoke Procurement Ordinance, vote that the City of Holyoke accept the proposal and sell 144 High Street for $5,000 to Carlos Peña and Katy Moonan of Paper City Clothing Company. The property is described in the Holyoke Assessor’s Records as Map 013, Block 02, Parcel 004, consisting of an approximate 5,460 square foot building on 3,354 square feet of land. The property is zoned as Downtown Business (BC) with an assessed value of $88,100 Recommended that the order be adopted.

30C. The Committee on Development and Governmental Relations to whom was referred an order City council invite Sarah Greenleaf, Urban Forester, of DCR's Urban & Community Forestry, to a future DGR meeting to discuss DCR's ongoing free tree-planting program for Holyoke. DCR staff and its volunteers have planted hundreds of trees in designated areas of the city. Sarah and DCR have planted trees on both public and private property and are looking to plant more in 2022. Refer to DGR. Copy to Conservation. Recommended that the order has been complied with.

30D. The Committee on Development and Governmental Relations to whom was referred an order that the D&GR Committee invite Lynn Gray, new General Manager of the Holyoke Mall, to allow for an introduction to the Holyoke City Council. Recommended that the order has been complied with.

30E. The Committee on Development and Governmental Relations to whom was referred an order Petition for Joint or Identical Pole Location Verizon New England, Inc. and Holyoke Gas & Electric Department, request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways:
Northampton Street: Relocate one (1) jointly owned pole numbered T.287/E.244 to a point on the easterly side of Northampton Street approximately one hundred seventy-two (172) feet southerly from the center line of Shawmut Avenue.
Reason: Relocate one (1) jointly owned pole on Northampton Street to accommodate and electric company upgrade; and to provide for the distribution of intelligence and telecommunications and for the transmission of high and low voltage electric current Recommended that the order be given a leave to withdraw without prejudice.

30F. The Committee on Development and Governmental Relations to whom was referred an order Petition of Carmen Rivera for a new special permit for a home occupation at 170 Oak St. for a towing business Recommended that the order be given a leave to withdraw without prejudice..

30G. The Committee on Development and Governmental Relations to whom was referred an order Petition of Verizon New England , Inc. to place one pole on the northerly side of Harvard St. at a point approximately one hundred seventy-three (173) feet Easterly from the center line of Pleasant St. Recommended that the order be given a leave to withdraw without prejudice.

30H. The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare the Old Rock Valley Road parcel identified by the Holyoke Board of Assessors records as Map 183, Block 00, Parcel 006 as surplus property available for disposition. Said parcel is a vacant lot approximately 4 acres in size. The property is described by the Hampden County Registry of Deeds in Book 1828, Page 162. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on September 30, 2015 in Hampden County Registry of Deeds Book 20894, Page 42. The property is zoned Agriculture and Single-Family Residence (RA). Recommended that the order be given a leave to withdraw.

30I. The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council vote to declare two parcels formerly owned by the Geriatric Authority of Holyoke as surplus property available for disposition. Said parcels are described as follows: parcel 117-00-018 located at 45 Holy Family Road consists of approximately 8.684 acres more or less with a nursing home building, is zoned RO and was previously assessed at $7,046,200.00; parcel 117-00-0145 located at Lower Westfield Road consists of approximately 9.530 acres more or less of vacant land, is zoned RO and was previously assessed at $326,000.00. The parcels are more particularly described in deeds recorded at the Hampden County Registry of Deeds in Book 20577, Page 189 and Book 16921, Page 558. Recommended that the order be given a leave to withdraw.

30J. The Committee on Development and Governmental Relations to whom was referred an order that Neighbor to Neighbor Holyoke its staff and membership be invited to the Development and Government Relations Committee to discuss their organization and the work that they do, including their areas of priority/focus. Recommended that the order be given a leave to withdraw.

30K. The Committee on Development and Governmental Relations to whom was referred an order that That MassDot come into DG&R Committee to discuss what traffic options can be done with regards to Dillon Ave, Dwight St. and Northampton St. Recommended that the order be given a leave to withdraw.

30L. The Committee on Development and Governmental Relations to whom was referred an order that the City Council adopt a resolution opposing HB 3320 and SB 1209 also referred to as the Roe Bill and send it to our State Representative and Senator.
These bills expand MA abortion laws beyond Roe v Wade; allow for late term abortions, eliminate parental consent for minors and allow a baby born alive to be denied medical care, as some of the proposed changes Recommended that the order be given a leave to withdraw.

30M. The Committee on Development and Governmental Relations to whom was referred an order that the City Council convey parcel # 117-00-148 (1.350 acres) to Holyoke Housing Authority for $1.00. Recommended that the order be given a leave to withdraw.

30N. The Committee on Development and Governmental Relations to whom was referred an order that the DG&R committee meet with the superintendent of the DPW to develop a specific planned schedule for snow removal on the sidewalks adjacent to all of the canals within the city. The goal is to make certain that the length of time persons would need to walk in the road is as minimal as possible Recommended that the order be given a leave to withdraw.

30O. The Committee on Development and Governmental Relations to whom was referred an order that the directors of community development, the office of planning and development, the Holyoke Housing authority meet with the DG&R committee to discuss the potential usage of HUD Section 108 funds to accelerate the redevelopment of the many city owned vacant lots within the city Recommended that the order be given a leave to withdraw.

30P. The Committee on Development and Governmental Relations to whom was referred an order That the paper street adjacent to 72 Mueller Rd (parcel ID 182-00-032) and Rear County Road (parcel ID 182-00-035) be declared surplus and made available for sale Recommended that the order be given a leave to withdraw.

30Q. The Committee on Development and Governmental Relations to whom was referred an order that the two, two acre parcels on Mountain Rd adjacent to the conservation area be placed into the conservation area. (across from 315 Mt. Rd in front of the old shooting range). Recommended that the order be given a leave to withdraw.

30R. The Committee on Development and Governmental Relations to whom was referred an order The City Council adopt a resolution affirming the City of Holyoke's commitment to being a safe and accepting community. That a copy of this resolution be provided to Senator Humason, State Representative Vega, and Governor Baker. Proposed resolution wording is included within.
RESOLUTION DECLARING HOLYOKE’S COMMITMENT TO BEING A SAFE AND ACCEPTING COMMUNITY
WHEREAS, the Holyoke City Council has asserted that the City of Holyoke does not tolerate hate crimes and other expressions of hate, such as in its April 2016 Resolution “Affirming the City of Holyoke’s Commitment to Civil Rights and Ensuring Equity for All People in Holyoke and Beyond”; this April 2016 Resolution included language such as: “Basic concepts of human and civil rights dictate that discrimination based on gender identity and/or sexual orientation is inherently wrong; and "The City of Holyoke acknowledges, respects, and values the diversity of its community”; and
WHEREAS, the Holyoke City Council believes in the rights of all people to lead lives of peace and dignity free from fear, harassment, and violence; and
WHEREAS, the Holyoke City Council is adamantly committed to protecting this community’s residents from racist, Islamophobic, anti-Semitic, misogynistic, homophobic, transphobic, anti-immigrant, and anti-refugee sentiments and acts and all other targeting of residents based on their identities or perceived identities; and WHEREAS, the Holyoke City Council stands in strong opposition to the authoritarianism, policies, and rhetoric that engender hatred; and
WHEREAS, the City of Holyoke supports respect for civil and human rights and recognizes that pursuant to the Universal Declaration of Human Rights adopted by the United Nations in 1948, Article 3, “Everyone has the right to life, liberty and security of person” and Article 5, “No one shall be subjected to…degrading treatment;”
NOW THEREFORE BE IT RESOLVED that the City Council of Holyoke, Massachusetts redoubles its commitment to the values of freedom, justice, and equality that bind us as a community, and to protecting those whose security and well-being may be threatened in the current political and social climate.
BE IT FURTHER RESOLVED that we stand in solidarity with, and advocate for the civil liberties and human rights of, every resident of Holyoke regardless of race, ethnicity, religion, sexual and gender identity, national origin, or citizenship and immigration status.
BE IT FURTHER RESOLVED that we recommit to working towards a community, country, and world that are non-discriminatory, welcoming, just, inclusive, and pluralistic.
BE IT FURTHER RESOLVED that we vehemently condemn acts of vandalism, harassment, and violence that express hatred towards members of our community and beyond;
BE IT FURTHER RESOLVED that the City of Holyoke is a hate-free zone in which hate crimes and discriminatory actions will not be tolerated.
BE IT FURTHER RESOLVED that we call upon all members of our community to engage in positive community-building and take the necessary and courageous steps to prevent and respond to discrimination and hatred whenever and wherever they see it. BE IT FURTHER RESOLVED that we are committed to holding our state and federal leaders accountable to the values and commitments expressed in this resolution. Recommended that the order be given a leave to withdraw.

30S. The Committee on Development and Governmental Relations to whom was referred an order The management of Wistariahurst provide to the City Council a report documenting the $250,000.00 grant it received (circa 2010). The grant was referenced in a letter from DLS dated 3/19/18 and the deficiency from the grants ($124,921.00) was discussed in City Council 3/20/18 and paid for by city taxpayers to balance the FY18 budget. Provide a narrative of the source of the funds, what they were used for, and how the fund had a deficiency. Please provide prior to the city council’s budget review time. Recommended that the order be given a leave to withdraw.

30T. The Committee on Development and Governmental Relations to whom was referred an order The Mayor or the Law Department or anyone with knowledge of the two Casey contracts please advise City Council as to who drafted the two contracts between the City of Holyoke and Rory Casey as it was disclosed by the city’s law department at Ordinance meeting on 10/8/19 that it did not draft the city contracts signed by the Mayor and Mr. Casey Recommended that the order be given a leave to withdraw.

30U. The Committee on Development and Governmental Relations to whom was referred an order WHERESAS, on October 16, 1991, the Geriatric Authority of Holyoke entered into a 99 year lease with the Holyoke Housing Authority for a portion of the property located at 45 Holy Family Road (Assessor’s Property Id # 117-00-018);
And WHEREAS, the Holyoke Housing Authority obtained monies from the Commonwealth of Massachusetts Department of Housing and Community Development (formerly Executive Office of Community Development) to construct a Congregate Living residential units (property address of 43 Lower Westfield Road) for elderly and disabled individuals of low income pursuant to M.G.L. c. 121B Section 39 and 40 and consisting of 20 units (c. 667);
And WHEREAS, said building has been maintained and operated by the Holyoke Housing Authority and said Housing Authority has paid all electrical, gas, water, sewer and related municipal expenses related to the operation of said building;
In accordance with Section 8(c)(1) of Chapter 1097 of the Acts of 1973, the lease between the Geriatric Authority and Holyoke Housing Authority required approval by a two-thirds vote of the Board of Alderman (City Council). On October 15, 1991, the Board of Alderman voted to approve the lease by a vote of 13-0 (with one absent and one vacancy). A copy of the lease and vote is attached.
And WHEREAS on January 26, 2015 the City of Holyoke obtained said parcel #117-00-018 in its entirety through a tax taking;
And WHEREAS, the Holyoke Housing Authority desires to own said parcel that the Raymond P. Murphy Congregate House is located – see attached plan
Now Therefore, it is requested that:
1. The Holyoke Housing Authority procure and hire a surveyor to complete an Approval Not Required Plan to subdivide the land that said Congregate Building from the remaining property as shown on plan attached;
2. That the City Council declare that portion of said parcel #117-00-018 that said Congregate House is placed on surplus;
3. That the City of Holyoke convey to the Holyoke Housing Authority said parcel for $1.00 Recommended that the order be given a leave to withdraw

30V. The Committee on Development and Governmental Relations to whom was referred an order Be it Resolved for All Time that Holyoke is a welcoming community and we, the City Council, do hereby recognize, support and cherish all of Our City's citizens, businesses, government employees and visitors. Recommended that the order be given a leave to withdraw.

30W. The Committee on Development and Governmental Relations to whom was referred an order City Council receive a communication regarding the Casey contract with an effective date of March 22, 2019, from city Auditor/Treasurer. The communication should include all invoices and payment copies relative to this contract. Please specify the accounts in the budget from which funds were paid. Further, the City Auditor or any relevant official shall provide all reports produced as a result of this contract. Finally, the City Auditor or any relevant official shall provide documentation of what was delivered to the City by Mr. Casey for the $2,000.00 contracted amount. Please provide these to city council by the first regular city council meeting in November 2019 Recommended that the order be given a leave to withdraw.

30X. The Committee on Development and Governmental Relations to whom was referred an order City Council receive a communication regarding the Casey contract with effective dates of November 19, 2018 to June 30, 2019, from city Auditor/Treasurer. The communication should include all invoices and payment copies. Please specify the accounts in the budget from which funds were paid. Further, the City Auditor or any relevant official shall provide all reports produced as a result of this contract. Finally, the City Auditor or any relevant official shall provide documentation of what was delivered to the City by Mr. Casey for the $9,999.00 contracted amount. Please provide these to city council by the first regular city council meeting in November 2019. Recommended that the order be given a leave to withdraw.

30Y. The Committee on Development and Governmental Relations to whom was referred an order that a representative from Roca come before the Public Service subcommittee. We are looking for a overview of their services and the great work they are doing for the Cities Department of Public Works Recommended that the order be given a leave to withdraw.

30Z. The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. ch30B and the Holyoke Code of Ordinances procurement ordinance, the City Council consider declaring a portion of parcel on Easthampton Rd. as surplus property available for disposition subject to certain reuse restrictions. This parcel is shown as "Proposed Parking Lot Easement" measuring approximately 0.70 acres on the "Easement Plan" dated June 6, 2018 and prepared by R. Levesque Associates, Inc. attached hereto. The parcel is a portion of premises identified by the Holyoke Board of Assessors records as Map 212, Block 00, Parcel 001 and more particularly described at the Hampden County Registry of Deeds in Book 16740, page 126. Recommended that the order be given a leave to withdraw.

31. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

33. RIVERA_J -- that That a handicap sign be placed in front of 60 Northeast St. for Mariano Gomez , Placard # PLH108 .

34. RIVERA_I -- Order that honorable city council invite organizers of the Holyoke HUB to come in and present on what the Holyoke HUB is and how it will benefit the city of Holyoke.

35. RIVERA_I -- Order that legal review the Boston Cannabis Equity program ordinance and begin to draft language similar to it for the purposes of creating a Holyoke Cannabis Equity program.

36. VACON, PUELLO -- that City Councilors request the Mayor to utilize marijuana stabilization money to help to mitigate odors from marijuana facilities for the benefit of
the community; residents, existing businesses and other potential business investors.

37. VACON, JOURDAIN, PUELLO -- that an update on heroin related overdoses be provided by our Police Department to the City Council.  The last reports provided indicated 2014-42 OD calls (11 fatalities), 2015- 83 OD calls (12 fatalities), 2018-222 OD calls (19 fatalities). Also provide an update on initiatives to deter drug dealing in our city.

38. VACON, JOURDAIN, PUELLO -- That a Legal opinion be issued to clarify allowed uses of marijuana impact fee money. For example, if odor from a facility is a problem in the community can the money be used for mitigation?

39. VACON -- Ordered that Ordinance 26-33 Emergency Management Director be examined and updated to reflect the current responsibilities of the position.

40. ANDERSON-BURGOS, JOURDAIN, PUELLO -- Ordered, that the public safety committee invite in relevant departments to address safety concerns at the intersection of Beech St and West Franklin. A resident recently lost her life crossing the street, and other residents have also expressed concerns. What can prevent future tragedies? What are the state’s plans and timeline? What can be done in the meantime? Invite in Mayor Garcia, HPD, DPW, HG&E, MassDOT.

41. BARTLEY, PUELLO -- The DGR committee invite GEORGE MULRY, Volleyball Hall of Fame Executive Director, to a meeting in May (or thereafter) to discuss the new Hall inductees, the future of the Hall in Holyoke and other programming related to volleyball in order to help promote the game in the city and region.

42. BARTLEY -- The DPW patch the pot holes on Woodland St asap.  Constituent request.

43. BARTLEY, PUELLO -- The Mayor develop a schedule of projects/programming to the CC's DGR committee to be funded via marijuana stabilization funds.  If possible, please send said schedule on a quarterly or semi-annual basis in order to promote consistent and efficient project development.  Copy to Mayor and City Auditor.

44. BARTLEY, GIVNER, PUELLO, RIVERA_J -- Ordered that the Holyoke City Council review and amend Section 5.4 of the Zoning Ordinance to allow for Accessory Dwelling Units (AUDs) in the DR zone, in addition to amending Section 2 Definitions, and any other sections that may apply to allow this use in the DR zone. Accessory dwelling unit (ADU) is a smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. (planning.org)

45. GIVNER -- That a handicap sign be placed at 204 Oak St. for Josephine Rivera, Placard #P59864114.

46. GIVNER -- With community support: That the city post a snow parking restriction on its website at least twelve hours before towing begins. In other words, towing will not begin until the parking restriction has been up on the website for at least twelve hours.

47. GIVNER -- With community support:  That the city paint new crosswalks and stop lines on the t-bar of Brown and Laurel. People run the 3 stop signs constantly. If you're a driver who doesn't know the area, it can be confusing as to where to stop and when. These were not repainted last year and are now completely faded. This intersection has become extremely dangerous for drivers and pedestrians alike. There have been both serious accidents and many near misses.

48. GIVNER -- With community support: That the Holyoke City Council adopt, and create a method of enforcement for, a wage theft ordinance for all contractors doing projects for the city or receiving special tax incentives by the city similar to Easthampton and Springfield with the following purposes: prevent misclassification of employees as independent contractors; assure that employers are paying all payroll taxes and workers compensation premiums; comply with state laws governing the payment of prevailing wages; assure that contractors provide opportunities for Holyoke residents, veterans, people of color and women.

49. GIVNER -- With community support: Create single lane out of two laned one way roads in ward 4 to include:
-Beach between Hampshire and Hampden Streets
-Linden between Hamden and Sargeant Streets
-Hampden between Lincoln and Pearl Streets
-Dwight between Nonotuck and Linden Streets
If we are serious about wanting safer streets for our residents we must create deterrents to speeding. By eliminating these lanes and turning them into marked turning lanes, added parking, and additional bike lanes, we will discourage speeding while creating traffic safety through clarity, and additional parking. This would also encourage biking and make our neighborhood streets safer for all who use them.

50. GIVNER -- With community support: That the city revisit existing traffic light projects and consider rotaries in their place. Traffic circles require no lights and therefore no maintenance cost. They are also less expensive to build than traffic light intersections.  They are proven to deter speeding as they require reduced speed upon approach, during use, and returning to travel lanes. They force driver attention adding to overall safety. Other  U.S. research has shown that roundabouts lead to 37% less collisions and 90% less fatalities than traffic lights. Conversion to roundabouts also lead to quicker traffic flow, with a reduction in delays of anywhere between 20% and 89%.  Our neighboring communities have studies reflecting a wide range of benefits to traffic circles and roundabouts including the following:
"A 2001 Institute study of 23 intersections in the United States reported that converting intersections from traffic signals or stop signs to roundabouts reduced injury crashes by 80 percent and all crashes by 40 percent. Similar results were reported by Eisenman et al.: a 75 percent decrease in injury crashes and a 37 percent decrease in total crashes at 35 intersections that were converted from traffic signals to roundabouts. Studies of intersections in Europe and Australia that were converted to roundabouts have reported 41-61 percent reductions in injury crashes and 45-75 percent reductions in severe injury crashes.
Because roundabouts improve the efficiency of traffic flow, they also reduce vehicle emissions and fuel consumption. In one study, replacing a signalized intersection with a roundabout reduced carbon monoxide emissions by 29 percent and nitrous oxide emissions by 21 percent.9 In another study, replacing traffic signals and stop signs with roundabouts reduced carbon monoxide emissions by 32 percent, nitrous oxide emissions by 34 percent, carbon dioxide emissions by 37 percent, and hydrocarbon emissions by 42 percent.10 Constructing roundabouts in place of traffic signals can reduce fuel consumption by about 30 percent.9,11 At 10 intersections studied in Virginia, this amounted to more than 200,000 gallons of fuel per year.8 And roundabouts can enhance aesthetics by providing landscaping opportunities."
https://www.northamptonma.gov/FAQ.aspx?QID=151

51. GIVNER, MALDONADO-VELEZ -- Ordered that the Holyoke City Council review and amend Section 86-322 of the Zoning Ordinance to allow for restricted electric vehicle charging station parking spots.  Adding Subsection F to include ; F. Electric vehicle charging stations.
The following locations are designated as electric vehicle charging stations:
Parking
Area Location Area/Number of Spaces Time Limit/Class
(CHART) (Attached)

52. JOURDAIN -- That the Retirement Board be requested to ensure that the City of Holyoke has no retirement investments in any way affiliated with Russia.  The state is currently going through this process with the Governor’s Executive Order 597 and Holyoke and PERAC should do likewise.  A copy of this order be sent to both Mr Dulude at the Holyoke Retirement Board and PERAC.

53. JOURDAIN -- That the City Council please be provided a copy of all agreements related to tax payments from entities such as the new Baystate Behavioral Health Hospital, Miravista behavioral hospital and other similar entities that the City Council should be aware of so we can evaluate the city’s overall financial health.

54. JOURDAIN, VACON -- That the Mayor be requested to provide the City Council and CPA Committee a list of historic preservation related repairs needed on city buildings such as City Hall, Wistariahurst, City Hall Annex and other city owned buildings.  Apparently, the CPA Committee has no city owned projects to support and is making requests
to us for non-city owned projects.

55. JOURDAIN, PUELLO -- That the Mayor and Parks and Recreation department please fund the Spanish Festival with $5,000 for their staging and sound equipment.  This money was allocated for them in the FY 22 budget but was transferred apparently.  This has been a very important program the city has supported for many years and we need to continue it now that the pandemic is over with and the event has returned.  If there are insufficient funds for some reason in the Recreation dept (originally funded with $33,000 in staging and events lines) budget then please make a transfer request from another other area up to and including stabilization if need be.  The organizers were counting on these funds.  This is a small amount of money for an event that brings so much joy to so many thousands of people. Thank you in advance for your support.

56. MALDONADO-VELEZ -- That all city council committees take up and act on any order in their jackets/tabled that are dated before February 15th, 2022. Rule 61 of the City Council rules states that "all orders sent to any subcommittee be acted upon (take up, not disposed of) within 45 days".

57. MALDONADO-VELEZ -- That we add a city council rule which requires a unanimous vote to continue meetings past 10pm.

58. MALDONADO-VELEZ, RIVERA_I -- Order that we add a Grant Manager position to oversee, streamline, and expand our grant applications and money for our city.

59. MALDONADO-VELEZ -- Order that we allow for overnight parking on city parking lots for people to sleep in their cars. This would be an added measure in the work already being done to provide a safe, temporary place for our unhoused population until a more long term solution is created.

60. MALDONADO-VELEZ, RIVERA_I -- Order that we work on expanding the Community Responder Model (see communication) that the Holyoke Police Department is already participating in with local organizations.

61. MALDONADO-VELEZ, ANDERSON-BURGOS, GIVNER, MURPHY-ROMBOLETTI, RIVERA_I, RIVERA_J -- A resolution in Support of a Fair Share Amendment. (See attached)

62. MALDONADO-VELEZ -- Order that the city council invites a representative from the Department of Early Education and Care to an Ordinance committee meeting to discuss home day cares — their current processes, licensing, and if a special permit at the local level is a suggested practice.

63. MALDONADO-VELEZ -- Order that we create a Cannabis Committee to strictly deal with Marijuana special permits and ordinance changes related to cannabis.

64. MCGIVERIN -- that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "AUTOMATED EXTERNAL DEFIBRILLATOR EQUIPMENT PROGRAM, $2,420.42, NO MATCH" 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.

65. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, SEVENTEEN THOUSAND NINE HUNDRED EIGHTY SEVEN AND 47/100 Dollars ($17,987.47) as follows:

FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 6,723.80
12101-51107 PATROLMEN 7,380.45
TOTAL: $17,987.47
TO:
12101-51180 INJURED ON DUTY $17,987.47
TOTAL: $17,987.47

66. MURPHY-ROMBOLETTI -- That the City Engineer look into whether installation of a traffic light at the intersection of 141 and Bemis Rd is necessary in order to mitigate traffic concerns and potential accidents.

67. MURPHY-ROMBOLETTI -- Order that we invite our US Congressional and Senatorial Representatives to a DGR meeting.

68. PUELLO, MALDONADO-VELEZ -- That OPED be invited to discuss the RFP process for  city properties offered to the public for bid beginning from the point of city acquisition to the end of the time period the city has to reclaim the property. This conversation will inform the public of steps they can take if they’re interested in acquiring city properties and allow us to identify areas for procedural improvement.

69. PUELLO -- That OPED and legal identify the impact and possibility of adding the following two conditions as standard to the RFP process for city properties.

1. If a chosen proposal is projecting XX amount in building rehab costs, that the city be entitled to require proof showing that said amount was actually spent upon completion. If the actual cost is under the estimated amount, that the city be entitled to additional payment or conditions that value said amount.
2. Chosen proposal property must require electric or natural gas HVAC systems.

70. PUELLO -- That the DPW provide quotes and an acquisition plan for movable speedbumps/humps and required lights/signage to establish temporary traffic control points for each ward, (7) to be paid for through cannabis stabilization. Additionally requested to explore whether existing movable police signs/radars with custom lettering would provide sufficient signage for the TCPs.

71. PUELLO, VACON -- That the city invite El Corazon/Heart of Holyoke Project community artist and owner of Creativity Art, Carmen González and her artists, to discuss artistic programming opportunities for youth and to present and approve upcoming art designs for fire alarm boxes located at Main and Sergeant, Main and Jackson as well as High and Hampshire Streets.

Addendum:

LATE FILE FROM PREVIOUS MEETING

A. From City Solicitor Lisa Ball, Addendum, Collective Bargaining Agreement for Nage Local R1-180

B. CPA Recommendations for FY22 CPA Projects

C. MCGIVERIN -- Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2022, TWENTY TWO THOUSAND SEVEN HUNDRED SIXTY EIGHT AND 00/100 Dollars ($22,768.00) as follows:
FROM:
11381-51103      INVENTORY CONTROL COORDINATOR                       $7,293.00
11381-51104      HEAD CLERK               15,475.00
TOTAL: $22,768.00
TO:
11381-51105      ACCOUNTS PAYABLE SPECIALIST                  $11,672.00
11381-51106      OFFICE SPECIALIST                11,096.00
TOTAL: $22,768.00

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


City-Council-Agenda-April-5-2022.pdf
April 1, 2022
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Item 1 - Charter Change Admin Assist Term

Item 2 - Legal form to amend zoning ordinances to allow for front yard pools by special permit

Item 3 - Reappointment letter for Jeffrey A. Trask to serve as a the Emergency Management Director

Item 4 - FY2022 CDBG allocation Recommendations and FY2022 Resolution

Item 5 - DPW Commissioner Patricia C. Devine - letter regarding ordinance Language for Director of the DPW

Item 7 - Main Street, Springdale Corridor, Executive Summary

Item 8 - Guide to Understanding housing choice and its opportunities

Item 10 - Parks & Recreation - 1-13-22 Meeting Minutes

Item 11 - Board of Public Works - 2-7-22 meeting minutes

Item 11 - Board of Public Works - 2-23-22 meeting minutes

Item 11 - Board of Public Works - 3-7-22 meeting minutes

Item 12 - Board of Fire Commission - 2-28-22 meeting minutes

Item 13 - Holyoke Board of Health - 1-3-22 meeting minutes

Item 13 - Holyoke Board of Health - 10-4-21 meeting minutes

Item 13 - Holyoke Board of Health - 11-1-21 meeting minutes

Item 13 - Holyoke Board of Health - 12-2-21 meeting minutes

Item 14 - Holyoke Redevelopment Authority - 2-16-22 meeting minutes

Item 15 - March 15, 2022 City Council Meeting Minutes

Item 16 - Legal Fees Calendar Year 2021 & FY22

Item 17 - Senior Tax Work Off Program

Item 26B, 26C - Zoning Marijuana Corrective Ordinance buffer zone

Item 30A - FY2022 CDBG Allocation DGR Meeting

Item 30A - RESOLUTION TO THE CITY COUNCIL 2022

Item 35 - Boston's Cannabis Equity program ordinance

Item 51 - Proposed EV Charging Stations

Item 60 - Community Responder Model

Item 61 - Resolution in Support of a Fair Share Amendment

Late File A - End of Eligibility and Peck Tour Memo City Council_04.05.2022

Late File C Explanation of Planning Board decision regarding front yard swimming pools

April-5-20221.pdf
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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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