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Holyoke City Council Meeting February 21, 2023

Feb 21 2023

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

Agenda posted February 16, 2023, 12:42 PM

Status updates for orders

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/83675284572?pwd=eUowdmxXVUJlMGJTaHJ3L0VFQ2IzUT09
Meeting ID: 836 7528 4572 Meeting Passcode: 845022 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
February 21,2023

LAID ON THE TABLE

1. The Committee on Ordinance to whom was referred an order that following the adoption of a resolution in support of the district, that the Ordinance Committee work with the mayor and the appropriate city and state departments to adopt an ordinance creating a Puerto Rican Cultural District within the City of Holyoke.

PUBLIC COMMENT

COMMUNICATIONS

2. From Mayor Garcia, Progress on Middle School Building Project

3. From Mayor Joshua Garcia, letter reappointing Mr. Nelson Lopez of 3 Shawmut Ave. to serve as a member of the Citizens Advisory Committee, Mr. Lopez will serve a one-year term; said term will expire on June 30, 2024.

4. From Mayor Joshua Garcia, letter reappointing Mr. Terry Gibson of 20 Oakwood Avenue to serve as a member of the Citizens Advisory Committee, Mr. Gibson will serve a one-year term; said term will expire on June 30, 2024.

5. From City Clerk Brenna Murphy McGee and Admin. Assistant Jeffery Anderson-Burgos, minutes from the February 7, 2023 meeting

6. From City Solicitor Lisa A. Ball; Red-Lined Agreement between the City of Holyoke and Municipal Employees Union NAGE Local R1-180 for the period of July 1, 2022 to June 30, 2025.

7. From City Solicitor Lisa A. Ball; Red-Lined Agreement between the City of Holyoke and the International Brotherhood of Police Officers, Local 409 Police Supervisors for the period of July 1, 2022 to June 30, 2025.

8. From Assistant City Solicitor, Kathleen Degnan, legal forms from Ordinances passed at the February 7, 2023 meeting

9. From Maria Pelchare, Grant Completion Report, Safe FY22 Fund

10. From Laddy Rua, Chairperson Holyoke Soldier’s Commission, communication to City Council regarding legislation

11. From Canna Provisions, Annual report

12. From Ezra Parzybok, notice of Community Outreach Meeting for Euphorium LLC

PETITIONS

13. Petition of Four Tree’s Holyoke LLC, for a special permit extension for a Licensed recreational Marijuana retail Establishment and a Marijuana Manufactoring Establishment at 1 Cabot St.

14. Petition of Steven P. Glaude for a zone change application from BG to BH for 2203 Northampton St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

15. Ordinance Committee Reports (if any)

16. Finance Committee Reports (if any)

16A. The Committee on Finance to whom was referred an order Release and Settlement agreement between the City of Holyoke and Travelers Insurance Recommended that the order be adopted.

16B. The Committee on Finance to whom was referred an order Settlement agreement between the City of Holyoke and the International Brotherhood of Police Officers, Local #409 Recommended that the order be adopted.

16C. The Committee on Finance to whom was referred an order Settlement Agreement By and Between The City of Holyoke and NAGE R1-180, Clerical Union Recommended that the order be adopted.

16D. 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 “FY2023 SENATOR CHARLES E. SHANNON, JR., COMMUNITY SAFETY INITIATIVE (SHANNON CSI), $566,355.26, 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.

16E. 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 “Marcotte Ford Holyoke Police Department Equipment Donation, Est. Value $10,000” 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 donation. Recommended that the order be adopted.

16F. 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 “STATE HISTORICAL RECORDS ADVISORY BOARD (SHRAB) FY2023 VETERAN’S HERITAGE GRANT, $26,238, 50% MATCH $13,238, $3K CASH & IN KIND, ” 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.

16G. The Committee on Finance to whom was referred an order that the honorable city council approve an increased funding request in the amount of $3,000 to the Wistariahurst museum for their painting restoration project. Originally Wistariahurst applied for and was granted 125K via CPA to complete the project, but due to rising costs in building and materials across the nation they now need another 3K. Recommended that the order be adopted.

16H. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, EIGHT THOUSAND SEVEN HUNDRED EIGHTY EIGHT AND 00/100 Dollars ($8,788.00) as follows:
FROM:
2601-10400 TNC RIDESHARE $8,788.00
TOTAL: $8,788.00
TO:
11752-53010 OTHER CONTRACTED SERVICES $8,788.00
TOTAL: $8,788.00 Recommended that the order be adopted.

16I. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, FIFTY ONE THOUSAND NINE HUNDRED FIFTY TWO AND 00/100 Dollars ($51,952.00) as follows:
FROM:
12101-51510 SICK BUYBACK $51,952.00
LOCAL #409 HPD SUPERVISORS MOA .
TOTAL: $51,952.00
TO:
12101-51103 CAPTAINS $9,409.00
12101-51104 LIEUTENANTS 16,218.00
12101-51105 SERGEANTS 26,325.00
TOTAL: $51,952.00 Recommended that the order be adopted.

16J. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, FIFTY THOUSAND DOLLARS AND 00/100 Dollars ($50,000.00) as follows:
FROM:
14251-51104 HIGHWAY-HMEO $50,000.00
TOTAL: $50,000.00
TO:
14302-52902 TRASH-RECYCLING CONTRACT $50,000.00
TOTAL: $50,000.00 Recommended that the order be adopted.

16K. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, FOUR HUNDRED THIRTY TWO THOUSAND AND 00/100 Dollars ($432,000) as follows:
FROM:
2602-10400 INSURANCE CLAIMS/SETTLEMENTS > $150K $432,000
TOTAL: $432,000
TO:
14102-53009 CONTRACT SERV. -CLAIMS/SETTLEMENTS $432,000
TOTAL: $432,000 Recommended that the order be adopted.

16L. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($150,000) as follows:
FROM:
8815-10400 CANNABIS STABILIZATION $150,000
TOTAL: $150,000
TO:
.-. OPED MUNICIPAL SUPPORT/MASTER PLAN $150,000
TOTAL: $150,000 Recommended that the order be adopted.

16M. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE HUNDRED THOUSAND AND 00/100 Dollars ($100,000) as follows:
FROM:
8815-10400 CANNABIS STABILIZATION $100,000
TOTAL: $100,000
TO:
.-. OPED PUBLIC ART/COMMUNITY BENEFIT $100,000
TOTAL: $100,000 Recommended that the order be adopted.

16N. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, SEVENTY THOUSAND AND 00/100 Dollars ($70,000) as follows:
FROM:
8815-10400 CANNABIS STABILIZATION $70,000
TOTAL: $70,000
TO:
.-. OPED CONTRACTED LEGAL SERVICES $70,000
TOTAL: $70,000 Recommended that the order be adopted.

16O. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, THREE HUNDRED NINETY NINE THOUSAND AND 00/100 Dollars ($399,000) as follows:
FROM:
8815-10400 CANNABIS STABILIZATION $399,000
TOTAL: $399,000
TO:
.-. DPW RACE STREET IMPROVEMENT $399,000
TOTAL: $399,000 Recommended that the order be adopted.

16P. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, 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:
.-. FY2023 VETERANS HERITAGE GRANT $3,000.00
TOTAL: $3,000.00 Recommended that the order be adopted.

16Q. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY SIX THOUSAND AND 00/100 Dollars ($26,000.00) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $26,000.00
TOTAL: $26,000.00
TO:
16302-52420 EQUIPMENT R & M – RECREATION $26,000.00
TOTAL: $26,000.00 Recommended that the order be adopted.

16R. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, TWO HUNDRED TWO THOUSAND AND 00/100 Dollars ($202,000.00) as follows:
FROM:
8815-10400 CANNABIS STABILIZATION $202,000.00
TOTAL: $202,000.00
TO:
.-. DPW MAIN STREET SAFETY PROJECT $202,000.00
TOTAL: $202,000.00 Recommended that the order be adopted.

16S. The Committee on Finance to whom was referred an order The Holyoke Gas and Electric be requested to take all necessary steps to end the gas moratorium. That they report back to the City Council by April 1, 2022 on their recommended plan of action including potential time table to bring the moratorium to an end. Recommended that the order has been complied with.

17. Public Safety Committee Reports (if any)

18. Public Service Committee Reports (if any)

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

20. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

22. PUELLO — ORDER:  in accordance with the city charter, create ordinance language that confirms, when a resident is elected as a ward councilor and subsequently moves to another ward during the term, the ward city council seat is vacated.-to Ordinance Committee

23. PUELLO — in accordance with the city charter, create ordinance language that confirms, no sitting city councilor shall become a member of any board or commission in city government during the term of office. To Ordinance Committee

24. PUELLO — That the Legal Opinion currently in Charter and Rules regarding the seat of a councilor no longer living in their word please be moved to public service.

25. TALLMAN — Ordered, that the charter be amended to update the entry regarding the Soldiers’ Memorial Commission, striking out references to members needing to be veterans of specific conflicts or wars. At the very least, the reference requiring that there be 2 members who “shall be veterans of the Second World War” should be struck.

26. VACON — that the City Forester removes the trees in the cul de sac on Sequoia Drive – constituent request

27. ANDERSON-BURGOS — Ordered, that the City Engineer provide feedback to address traffic safety issues at the interseciton of Linden, Anderson, and MacKenzie. Drivers have been observed frequently driving through, often speeding through the stop sign on Linden. Recently a vehicle hit a house right at that corner.

28. BARTLEY — DPW install appropriate signage at or near 249 Huron Ave to alert motorists of Autistic persons residing in this neighborhood.  (Please see the unique signage we approved near 226 South St. for a template.)  Receive, Adopt and refer to DPW.

29. BARTLEY — The City Council both add to its tradition to celebrate St. Patrick’s Day and bestow proclamations to the AOH Award Winners for 2023. The City Council honor the Ladies AOH Woman of the Year Mary Kate O’Connor and the AOH Man of the Year Jay Whelihan. Mary Kate is a Nurse and an avid volunteer for many causes including Kate’s Kitchen and Jay is the Ward 5 HPS School committee member, Chief Assessor, and serves as AOH’s Treasurer. Both are to be honored 3/7/23 alongside the Parade Committee awardees and membership.
Receive and Adopt.

30. GIVNER — With Community support, order that the City Forrester present his department’s obligations and an action plan for addressing constituent concerns. Ongoing issues include dangerous dead and overgrown trees growing on or over city property. Understanding our Forrester’s action plans will help us understand how best to support the department’s efforts. This will also help with understanding if an ordinance update or change is needed.
-To public safety / Copy to City Forrester

31. JOURDAIN — Ordered, that the Ordinance relative to the payment of city lifeguards be revised so as to make sure we are being competitive to other communities in the highly competitive employment of Summer lifeguards.  Moreover, that the Aquatics Director and/or other reps from the Recreation dept be invited to the Ordinance Committee to help us review and change as appropriate.

32. JOURDAIN — Ordered, that Ordinance 2-61 be amended as follows:
Amend Section B. Each member of the city council shall be furnished, by the city solicitor’s office, a copy of every collective bargaining agreement clearly outlining all changes made to the agreement showing the prior language and the new proposed language, a minimum of ten days prior to the cost items of said agreement being submitted to the city council for approval.
Add Section C.  That the City Auditor provide the City Council an accurate financial impact analysis of any such proposed agreement submitted to the city council for approval explaining the full cost of the proposed agreement and attesting to the city council if such agreement is projected to be affordable in all fiscal years impacted by the new agreement.

33. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWO THOUSAND TWO HUNDRED NINETY THREE AND 90/100 Dollars ($2,293.90) as follows:

FROM:
12201-51105 FIREFIGHTER $2,293.90
TOTAL: $2,293.90
TO:
12201-51180 INJURED ON DUTY $2,293.90
TOTAL: $2,293.90

34. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY THREE THOUSAND TWO HUNDRED THIRTY FOUR AND 11/100 Dollars ($23,234.11) as follows:

FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 10,085.70
12101-51107 PATROLMEN 9,265.19
TOTAL: $23,234.11
TO:
12101-51180 INJURED ON DUTY $23,234.11
TOTAL: $23,234.11

35. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWO HUNDRED AND 00/100 Dollars ($200.00) as follows:

FROM:
12941-51830 CLOTHING ALLOWANCE $200.00
TOTAL: $200.00
TO:
12942-53190 EDUCATION & TRAINING $200.00
TOTAL: $200.00

36. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2023 STATE 911 DEPARTMENT EMERGENCY MEDICAL DISPATCH GRANT PROGRAM, $18,375, 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.

37. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, FIFTEEN THOUSAND AND 00/100 Dollars ($15,000.00) as follows:

FROM:
12441-51101 PAY-SEALER OF WEIGHTS & MEASURES $15,000.00
TOTAL: $15,000.00
TO:
12442-57100 IN STATE TRAVEL $500.00
12442-58501 EQUIPMENT 12,750.00
12442-54200 OFFICE SUPPLIES 1,750.00
TOTAL: $15,000.00

38. MCGEE — The City Council present Helen Rogers a proclamation for being the oldest Holyoke resident. Ms. Rogers just turned 107.

LATE FILED ORDERS AND COMMUNICATIONS

A. From James Bartolomei – IBPO 409 Financials
*Updated February 17, 2023, 2:16 PM

B. From Atty Russell Dupere, Legal opinion on retroactive pay for prior fiscal year
*Updated February 17, 2023, 2:16 PM

C. Holyoke Police Audit summary and reports
*Updated February 21, 2023, 11:25 AM

D. JOURDAIN, BARTLEY — Ordered, request an opinion from the Law Dept as to whether a citizen can serve on more than one (1) municipal board in the city. For example, may a sitting Fire Commissioner also serve on the Citizens Advisory Committee?
*Updated February 21, 2023, 7:30 PM

 

Addendum:

LATE FILES FROM PREVIOUS MEETING

A. From Rory Casey, City Treasurer, 2022 Salary Reports, City of Holyoke Top 100, Holyoke Public Schools Top 100, Elected Officials

B. Release and Settlement agreement between the City of Holyoke and Travelers Insurance

C. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, FOUR HUNDRED THIRTY TWO THOUSAND AND 00/100 Dollars ($432,000) as follows:
FROM:
2602-10400 INSURANCE CLAIMS/SETTLEMENTS > $150K $432,000
TOTAL: $432,000
TO:
14102-53009 CONTRACT SERV. -CLAIMS/SETTLEMENTS $432,000
TOTAL: $432,000

D. MCGEE — Order to make the entrance to the Wherehouse as Jimmy Curran Way.

E. From Kelly Curran, Personnel Director, Vacation and Personnel Day Data

F. From Mayor Garcia, letter in support of Councilor McGee’s orders to update vacation ordinance

G. Settlement agreement between the City of Holyoke and the International Brotherhood of Police Officers, Local #409

H. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, FIFTY ONE THOUSAND NINE HUNDRED FIFTY TWO AND 00/100 Dollars ($51,952.00) as follows:
FROM:
12101-51510 SICK BUYBACK $51,952.00
LOCAL #409 HPD SUPERVISORS MOA .
TOTAL: $51,952.00
TO:
12101-51103 CAPTAINS $9,409.00
12101-51104 LIEUTENANTS 16,218.00
12101-51105 SERGEANTS 26,325.00
TOTAL: $51,952.00

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

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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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