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Holyoke City Council Meeting January 17, 2023

Jan 17 2023

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

Agenda posted January 12, 1:10 PM

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/85444131384?pwd=dm9YTmRvMEI4ZmdRY3ZnUERiWXJNQT09
Meeting ID: 854 4413 1384 Meeting Passcode: 037832 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
January 17,2023

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. Recommended that the order be adopted

PUBLIC COMMENT

COMMUNICATIONS

2. From Brenna Murphy McGee, MMC & Jeffery Anderson-Burgos, Admin. Asst. to City Council minutes of January 3, 2023.

3. From Anthony Soto, Superintendent Holyoke Public Schools, Information on HPS Donation.

4. From Various City Departments Information on Reclaiming Vacant Properties Conference.

5. City of Holyoke, Massachusetts 5 Year Forecast Workbook.

6. From Green Valley Analytics LLC Annual report.

7. From Burn Bright LLC, Community Outreach meeting for a proposed Marijuana Cultivator and Product Manufacturer at 1 Cabot St.

8. From Board of Fire Commission minutes of November 17, 2022.

PETITIONS

9. Petition From Victoria Frost LLC application to extend Special permit.

10. Petition of Holyoke 420 LLC, to amend hours of operation and add Delivery service.

11. Petition of Carefully Curated LLC for a new Marijuana Manufacturing Establishment at 400 Race St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

12. Ordinance Committee Reports (if any)

13. Finance Committee Reports (if any)

13A. The Committee on Finance to whom was referred an order Settlement Agreement by and Between The City of Holyoke and the UFCW Local 1459, Council in aging employees Recommended that the order be adopted

13B. 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 “FY2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, $37,248, 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

13C. 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 FORTY THREE THOUSAND AND 00/100 Dollars ($143,000.00) as follows:
FROM:
8810-10400 CAPITAL STABILIZATION $143.000.00
TOTAL: $143,000.00
TO:
13003-58000 SCHOOLS CAPITAL OUTLAY $143,000.00
TOTAL: $143,000.00 Recommended that the order be returned to the auditor

13D. 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 TWENTY THOUSAND AND 00/100 Dollars ($120,000.00) as follows:
FROM:
8810-10400 CAPITAL STABILIZATION $120,000.00
TOTAL: $120,000.00
TO:
13003-58000 SCHOOLS-CAPITAL OUTLAY $120,000.00
TOTAL: $120,000.00 Recommended that the order be returned to the auditor

13E. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, SIXTEEN THOUSAND NINE HUNDRED SIXTY SIX AND 00/100 Dollars ($16,966.00) as follows:
FROM:
11381-51101 CHIEF PROCUREMENT OFFICER $16.966.00
..- UFCW LOCAL 459/COUNCIL ON AGING MOA ..
TOTAL: $16,966.00
TO:
15411- 51102 KITCHEN SUPERVISOR $1,827.00
15411-51104 KITCHEN ASSISTANT 3,132.00
15411- 51105 SOCIAL WORKER / COORDINATOR 5,481.00
15411-51202 LPN / WELLNESS INSTRUCTOR 2,872.00
15411- 51203 DRIVER 3,654.00 Recommended that the order be adopted

13F. The Committee on Finance to whom was referred an order From Tanya Wdowiak, City Auditor, Purchase Agreement for Police Cruisers, Lease Schedule No 1 and Master lease purchase agreement. Recommended that the order has been complied with

13G. The Committee on Finance to whom was referred an order Mayor and Wistariahurst Director please give the City Council an update and repair plan on specifically when will the Wall of the grounds be repaired and how it will be funded. This needs to be a priority and fixed as soon as possible. Recommended that the order has been complied with

14. Public Safety Committee Reports (if any)

14A. The Committee on Public Safety to whom was referred an order That an Office of Tenants Protection be created. This will be housed under the Board of Health, or appropriate department, which will work on holding landlords accountable and making sure all residents of Holyoke are living safe conditions. Recommended that the order has been complied with

14B. The Committee on Public Safety to whom was referred an order that both the Public Health & Legal department come into public safety and elaborate on the process of code enforcement and taking landlords to court that aren’t complying with city ordinances. Recommended that the order has been complied with

14C. The Committee on Public Safety to whom was referred an order that the Board of Health, Law Dept, and any other involved departments come into a Public Safety meeting to discuss how the city will use what it’s receiving from opioid lawsuit settlements.
The state AG’s office website provided an update on November 4th that Holyoke will receive around $427,000 over several years and it has been reported that the state also plans to seek a part of another $10 billion that was just announced from a CVS/Walgreens settlement. Recommended that the order has been complied with

14D. The Committee on Public Safety to whom was referred an order that the mayor and the flex squad be invited in to discuss what it is, as well as its effectiveness and what steps they’re taking to make sure that the neighborhoods are cleaned, not just on private property but public property as well. Recommended that the order has been complied with

15. Public Service Committee Reports (if any)

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

17. Charter and Rules Committee Reports (if any)

17A. The Committee on Charter and Rules to whom was referred an order that we revert committee name (Council Rule 9Bvii) to read “The Joint Committee of the City Council and School Committee” instead of “Youth Services Committee” Recommended that the order be adopted

17B. The Committee on Charter and Rules to whom was referred an order From Councilor Maldonado-Velez, City Council Rules examples with titles and sections. Send to Charter & Rules
Amherst(https://www.amherstma.gov/DocumentCenter/View/46001/Amherst-Town-Council-Rules-and-Procedures?bidId=)
Boston (https://www.boston.gov/departments/city-council/city-council-rules) Recommended that the order has been complied with and be archived

17C. The Committee on Charter and Rules to whom was referred an order relook at committee responsibilities and restructure. Recommended that the order has been complied with

17D. The Committee on Charter and Rules to whom was referred an order that our city solicitor draft a ballot question for the next eligible election for voters to decide if the CPA tax should be reduced from 1.5% to 0.5% in light of current financial hardship of our taxpayers. Recommended that the order has been complied with

17E. The Committee on Charter and Rules to whom was referred an order that our City Solicitor draft a ballot question for the next eligible election for voters to decide if the CPA tax should be reduced from 1.5% to 0.5% in light of the current financial hardship of our taxpayers.
Taxes will increase by over $200.00 per year for a house valued at $236,262 due to repeated inability to achieve 7 votes of the City Council for lower taxes for homeowners. This increase is taking place along with significant increases in sewer, gas, electricity, food & heating prices. Voters should have the right to decide the rate. City Council initiated the CPA tax here originally, so needs to vote to place it on the ballot again for voters to decide. Recommended that the order has been complied with

17F. The Committee on Charter and Rules to whom was referred an order That our city solicitor draft a ballot question to revoke the CPA tax and that it be placed on the next eligible election ballot for the voters to decide if they want to keep the CPA tax after 5 years. Recommended that the order be given a leave to withdraw

17G. The Committee on Charter and Rules to whom was referred an order that we add the following committees to the City Council:
Zoning Committee – dealing with zoning changes and language
Public Way Committee – dealing with handicap spots, parking, and traffic ordinances
Development Committee – focusing on grants and economic development Recommended that the order be given a leave to withdraw

17H. The Committee on Charter and Rules to whom was referred an order that when a vacancy open up in city council with more than 6 months left of the term, that a special election is required. Recommended that the order be given a leave to withdraw

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

MOTIONS, ORDERS AND RESOLUTIONS

19. MCGEE, MURPHY-ROMBOLETTI — Order that we invite in the CPA board members to give an update on the program.

20. MCGEE — Ordered, that 3 salary reports for calendar year 2022 be provided to the City Council as an update to the past reports published on the City website: the top 100 salaries for the City of Holyoke, the top 100 salaries for the Holyoke Public Schools, and a report of salaries for elected officials. Reports should not include confidential identifying information such as social security numbers.

21. MCGEE, TALLMAN — “ORDERED: that the City of Holyoke, having previously accepted the provisions of MGL Ch 59, Section 5 (allowing the Board of Assessors to grant a real and personal property tax abatement to those active duty members of the National Guard and reserves serving in foreign countries) does now further adopt and extend such acceptance for as long as permitted under state law.“

22. MCGEE — Ordered that City Council Rule 9H be amended and re-worded in order to make the process of changing or updating an ordinance a smoother process.

23. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY ONE THOUSAND TWO HUNDRED THIRTY SEVEN AND 47/100 Dollars ($21,237.47) as follows:

FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 10,085.70
12101-51107 PATROLMEN 7,268.55
TOTAL: $21,237.47
TO:
12101-51180 INJURED ON DUTY $21,237.47
TOTAL: $21,237.47

24. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, FIVE HUNDRED TWENTY TWO AND 16/100 Dollars ($522.16) as follows:

FROM:
12201-51103 FIRE CAPTAIN $522.16
TOTAL: $522.16
TO:
12201-51180 INJURED ON DUTY $522.16
TOTAL: $522.16

25. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, FIVE THOUSAND AND 00/100 Dollars ($5,000.00) as follows:

FROM:
12101-51104 LIEUTENANTS $5,000.00
TOTAL: $5,000.00
TO:
12101-51103 CAPTAINS $5,000.00
TOTAL: $5,000.00

26. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWO HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($250,000.00) as follows:

FROM:
12101-51117 E911 DISPATCHERS $100,000.00
12101-51107 PATROLMEN 150,000.00
TOTAL: $250,000.00
TO:
12101-51300 OVERTIME $250,000.00
TOTAL: $250,000.00

27. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “STUDENT AWARENESS OF FIRE EDUCATION & SENIOR SAFE, 7,958.00, 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.

28. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY23 FIREFIGHTER SAFETY EQUIPMENT, $24,978.00, 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.

29. MCGIVERIN — Ordered that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “2022/2023 Marcotte Ford Fire Equipment Donation, Estimated Value $9,890.52” 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.

30. PUELLO — That the city engineer please explore the feasibility of installing a divider(s) at the top of Saint Vincent street. Concerns have been raised about vehicles being able to turn safely.

31. PUELLO — That the city engineer please explore the feasibility or repairing the raised crossed walk on West Franklin and Magnolia Ave. Concerns have been raised about its effectiveness.

32. PUELLO — That a police traffic trailer please be set up on Main and Vernon Streets adjacent to Springdale park as an additional speed mitigation measure while more permanent improvements are made.

33. PUELLO — That the DPW please replace the older numerically “assigned” handicap spots with generic “un-assigned” handicap signs in the alley parking behind 588 South Summer St. Concerns have been raised about spot sharing.

34. PUELLO — The the recently installed handicap sign at 363 Chestnut St please be removed by request of original petitioner.

35. PUELLO — That the receiver of schools please explore the costs and feasibility of revamping current drivers Ed classes, so that upon completion students receive a drivers license/permit from DMV.

36. RIVERA_I — Order that the honorable city council invite in the chief of police to discuss whether or not the department has a “Traffic Squad”, ordinance references the designation of 6 officers that are required to act as traffic officers. Constituents are concerned with drivers that speed, eat stop signs, etc…
Investment in a “Traffic Squad” as city ordinance states, should help tremendously with mitigating some of our constituent concerns.
Sec 50-42. – Traffic squad—Designation and training of members.
The chief of police shall designate six members and such additional members as may from time to time be required to act as traffic officers. Such members shall receive and be given thorough and adequate training in the regulation and direction of traffic, in accordance with a uniform and recognized standard.

37. RIVERA_I — Order that honorable city council add a section to Holyoke code of ordinances titled “Human Relations”.

38. RIVERA_I — Order that the honorable city council work with the city solicitor’s office to draft an ordinance prohibiting the discrimination or discriminatory practices based on an individuals, or the perception of an individual’s race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, gender expression, age, disability, criminal history or the use of a service animal.

39. RIVERA_I — Order that the honorable city council invite the representatives of Holyoke Public Schools Special Education Department to address IEP process and procedure as well as who they are working with to help ensure families understand information being presented. Constituents are concerned that they may not be receiving adequate counsel when making important decisions in such meetings. Being that a considerable portion of parents identify English as a second language, it is important families understand the information that is being presented them.

40. VACON, PUELLO — that the Cannabis Commission create a regulation that retail marijuana products be required to have a health safety warning.   This is needed In light of studies showing significant medical emergencies among children and adolescents as well as adults, due to marijuana use.

41. VACON, PUELLO — that local inspections of retail marijuana establishments for compliance with laws (selling to 21+) similar to those for cigarettes and alcohol be completed in coordination with the Cannabis Commission.

42. VACON, PUELLO — that marijuana mitigation money be used to provide educational programs regarding the risks and dangers of marijuana use by children and adolescents, and how their growth and development are affected by it.

LATE FILED ORDERS AND COMMUNICATIONS

A. From Lisa A. Ball, City Solicitor Settlement Agreement By and Between The City of Holyoke and NAGE R1-180, Clerical Union.
*Updated January 17, 2023, 1:30 PM

B. MCGEE — Ordered that 2-138 (e)(9)(b) Fire Department Stations Revolving Fund be updated to remove the language “payments received by Action Ambulance” and replace with “payments received from the City’s contracted ambulance provider.”
*Updated January 17, 2023, 1:30 PM

C. MCGIVERIN — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “ADVANCING CLIMATE RESILIENCE AND HEALTH THROUGH URBAN FORESTRY, $13,500, 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.
*Updated January 17, 2023, 2:45PM

 

Addendum:

LATE FILES FROM PREVIOUS MEETING

A. MCGEE — Ordered, that the City Council reappoint Francheska Nunez to the Community Preservation Committee. Ms. Nunez will serve a three year term; set term will expire on January 31, 2026

B. Settlement Agreement by and Between The City of Holyoke and the UFCW Local 1459, Council in aging employees

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

January-17-2023-City-Council-Agenda.pdf
December 20, 2022
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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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