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Holyoke City Council Meeting June 21, 2022

Jun 21 2022

7:00 pm City Hall Holyoke

536 Dwight St, Holyoke 01040

Status updates to orders

 

El Consejo Municipal 21 de junio 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/83484628310?pwd=WC9ISXpMWXg4YW1GZ0hNOHNuU1BrQT09
Meeting ID: 834 8462 8310 Meeting Passcode: 719333 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
June 21,2022

LAID ON THE TABLE

1. The Committee on Finance to whom was referred an order From Lisa Ball, Acting City Solicitor, letter re: Fire Chief's Contract Recommended that the order is in compliance pending passage of the budget

PUBLIC COMMENT

COMMUNICATIONS

2. From Mayor Joshua A. Garcia letter in support of the DPW Boards request to remove the current salary range cap for Director of DPW,

3. From Brenna Murphy McGee, MMC budget cuts for FY2023.

4. From Board of Public works, letter requesting the City Council to remove Salary Range cap for the Director of DPW.

5. From Councilor Vacon communication from Constituent regarding School Takeovers by the state.

PETITIONS

6. Petition for a street vendor license for Jesus Feliciano between middle and appleton Sts.

7. Petition of Holyoke Smokes Corp. for a new special permit for a Marijuana Delivery License Establishment at 81-85 Sargeant St.

8. Petition from Qihang Zhang a new marijuana cultivation & processing establishment located at 6 Appleton St.

9. Petition from Carefully Curated LLC for a new special permit for a Medical Marijuana Establishment at 420 Race St.

PRESIDENT'S REPORT

REPORTS OF COMMITTEES

10. Ordinance Committee Reports (if any)

10A. The Committee on Ordinance to whom was referred an order based on the passage of Chapter 48 of the Acts of 2022, that Section 2-67 be amended to include City Solicitor and Superintendent of Public Works as exempt from the residency requirement. Recommended that the order be adopted.

10B. The Committee on Ordinance to whom was referred an order Special Permit Application for Delivered Inc at 101 N. Bridge St (039-02-006) to buildout and operate a marijuana establishment 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.
8. That the applicant following the recommendations in the June 7, 2022 letter from the City Engineer

10C. The Committee on Ordinance to whom was referred an order Special Permit Application for Holyoke Wilds at 20 Hadley Mills Rd (041-01-015) to permit the use of the existing building as a marijuana manufacturing establishment. 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.
8. That the applicant add cultivation into the odor mitigation component of the application
9. That the applicant follow the recommendations of the June 7 letter from the City Engineer

10D. The Committee on Ordinance to whom was referred an order that City Ordinance Chapter 2, Article II, Division 5, Sections 2-152, 2-156, and 2-158 be updated as necessary based on any new proposed structuring of the City’s law department. Recommended that the order be adopted.

10E. The Committee on Ordinance to whom was referred an order that Section 2-34 (b) Hours of Municipal Offices and Employees be amended to include the office of the City Solicitor as exempted from having the hours of 8:30 to 4:30 Recommended that the order be adopted.

10F. The Committee on Ordinance to whom was referred an order a committee be formed called "The Tourism advisory committee."
The scope of the Committee is to:
1. Create and market a new brand for Holyoke,
2. Initiate permit reform for events, public gatherings, beautification, and public art.
3. Annually monitor and report the progress of tourism initiatives to Mayor and City Council.
4. Review infrastructure maintenance program.
5. Coordinate business communications and Holyoke tourism opportunities into one marketing effort.
6. Establish and support signature destinations and districts such as a Puerto Rican Cultural District on Main Street and The Canal District.
7. Promote ecotourism and outdoor recreation.
8. Make recommendations for a financial and human resources plan.
9. Recommend annual updates to the Holyoke Tourism Strategic Plan.
The Committee will utilize the Holyoke Tourism Strategic Plan. The Committee will, from time to time, update and revise the plan as they find necessary.
The Committee should comprise one representative appointed by each of the following agencies: Holyoke Local Cultural Council, Greater Holyoke Chamber of Commerce, Greater Springfield Convention & Visitors Bureau, Holyoke Office of Planning & Economic Development, Holyoke City Council, Holyoke Historical Commission, and Wistariahurst Museum. A minimum of five (5) and up to eight (8) at-large members will be nominated and recommended by the Committee and appointed by the Mayor for a three-year term. Recommended that the order be adopted, as amended to require that one of the at-large members be a youth member.,

10G. The Committee on Ordinance to whom was referred an order From Robert Peirent, City Engineer, report on possible hump request for Bray Park Drive Recommended that the Engineer's report to not install temporary speed humps be accepted.

10H. The Committee on Ordinance to whom was referred an order Petition for Speed Hump from citizens for Moss Ave Recommended that the Engineer's recommendation to not install temporary speed humps be accepted.

10I. The Committee on Ordinance to whom was referred an order Remove existing handicapped sign at 402 Pleasant St by request of a new resident at the same address Recommended that the order be adopted.

10J. The Committee on Ordinance to whom was referred an order that the handicap spot in the ordinances located on the east side of Pleasant St 200 feet south of Lincoln St be removed. The Engineer has stated that the entry does not match anything currently installed Recommended that the order be adopted.

10K. The Committee on Ordinance to whom was referred an order that speed hump be placed on Fenton St Recommended that the Engineer's report to not install temporary speed humps be accepted.

10L. The Committee on Ordinance to whom was referred an order That speed humps be placed on Memorial Dr Recommended that the Engineer's recommendation to not install temporary speed humps be accepted.

10M. The Committee on Ordinance to whom was referred an order that speed humps be placed on Moss Ave Recommended that the Engineer's recommendation to not proceed with temporary speed humps be accepted.

10N. The Committee on Ordinance to whom was referred an order that speed hump/s be placed on Upland Road Recommended that the Engineer's recommendation to proceed with temporary speed humps be accepted.

10O. The Committee on Ordinance to whom was referred an order that the ordinance be amended to change the City Council’s Administrative Assistant term from one year to two years Recommended that the order has been complied with.

10P. The Committee on Ordinance to whom was referred an order Zone change application from BH to BC for Gennaro Santaniello at 18 Cabot St (029-04-001) to make the pre-existing non-conforming structure under BH zone a conforming structure under BC zone Awaiting disposition

10Q. The Committee on Ordinance to whom was referred an order Petition of Yoeli Brene, for a street vendor license to be located on High Street between Hampshire and Worcester Pl Recommended that the order be given a leave to withdraw

10R. The Committee on Ordinance to whom was referred an order Zone change application from R-2 to BL submitted by Betlai, LLC c/o Edison Yee, for the property located at Pleasant Street, Parcel ID # 092-00-112, (former Peoples Bank parking lot), to create continuity with the abutting parcel to the south to allow for future development Awaiting disposition

11. Finance Committee Reports (if any)

11A. The Committee on Finance to whom was referred an order Holyoke FY 2023 CPA Budget for City Council Approval. This budget is usually a projection of anticipated revenue from CPA collections as well as the anticipated state match (this years match from the DOR is estimated to be 35%, which is based on the previous years allocation). Recommended that the order be adopted.

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 "DIVERTING JUVENILES AND EMERGING ADULTS FROM CRIMINAL JUSTICE SYSTEM INVOLVEMENT, $50,000, 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.

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 "FY23 SHARED STREETS AND SPACES, $200,000, 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.

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 "REGIONAL ECONOMIC DEVELOPMENT ORGANIZATION GRANT PROGRAM, $25,000, 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.

11E. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, ELEVEN THOUSAND THREE HUNDRED FIFTY AND 66/100 Dollars ($11,350.66) as follows:
FROM:
12201-51105 FIREFIGHTERS $11,350.66
TOTAL: $11,350.66
TO:
12201-51109 PAY-ASSISTANT SUPERVISOR - ALARMS $11,350.66
TOTAL: $11,350.66 Recommended that the order be adopted.

11F. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, ONE MILLION AND 00/100 Dollars ($1,000,000) as follows:
FROM:
13002-57000 SCHOOL - OTHER EXPENSES $1,000,000
TOTAL: $1,000,000
TO:
8810-10400 STABILIZATION $1,000,000
TOTAL: $1,000,000 Recommended that the order be adopted.

11G. 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 HUNDRED FOUR AND 71/100 Dollars ($304.71) as follows:
FROM:
11382-53190 EDUCATION & TRAINING $304.71
TOTAL: $304.71
TO:
11381-51300 OVERTIME $304.71
TOTAL: $304.71 Recommended that the order be adopted.

11H. 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 SEVEN AND 64/100 Dollars ($207.64) as follows:
FROM:
11751-51240 TEMP/SEASONAL $207.64
TOTAL: $207.64
TO:
11751-51300 OVERTIME $207.64
TOTAL: $207.64 Recommended 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 2022, TWO THOUSAND EIGHT HUNDRED SIXTY FIVE AND 00/100 Dollars ($2,865.00) as follows:
FROM:
15432-57700 VETERANS BENEFITS - DIRECT $2,865.00
TOTAL: $2,865.00
TO:
11571-51101 ADMIN ASST TO CITY COUNCIL $2,865.00
TOTAL: $2,865.00 Recommended that the order be adopted.

11J. The Committee on Finance to whom was referred an order That there be and is hereby appropriated by transfer in the fiscal year 2023 from fiscal year 2022 free cash a sum of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000) as follows:
FROM: FY2022 FREE CASH
TO: CAPITAL STABILIZATION FUND
Capital Stabilization Fund to be created by City Ordinance prior to June 30, 2022 for appropriation for fiscal year 2023 Recommended that the order be adopted.

11K. The Committee on Finance to whom was referred an order That there be and is hereby appropriated by transfer in the fiscal year 2023 from fiscal year 2022 Sewer Enterprise free cash a sum of TWO HUNDRED NINETY THREE THOUSAND AND 00/100 DOLLARS ($293,000) as follows:
FROM: FY2022 SEWER ENTERPRISE FREE CASH
TO: SEWER ENTERPRISE STABILIZATION FUND
Sewer Enterprise Stabilization fund to be created by City Ordinance prior to June 30, 2022 for appropriation for fiscal year 2023 Recommended that the order be adopted.

12. Public Safety Committee Reports (if any)

13. Public Service Committee Reports (if any)

13A. The Committee on Public Service to whom was referred an order From Jose Bayron Chairman Parks & Rec and Helene Busby Vice Chairman letter appointing Tom Reynolds as the new director Awaiting disposition

13B. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Gladys Lebron-Martinez to serve as a Commissioner of the Holyoke Housing Authority for the City of Holyoke: Ms. Lebron-Martinez will replace Myriam Quinones and will serve he remainder term; said term will expire on April 1, 2024 Awaiting disposition

13C. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Nathan Chung, 9 Prew Ave Apt 4A, to serve as a Commissioner of the Planning Board for the City of Holyoke: Mr. Chung will replace Mr. John Kelly and will serve a three year term; said term will expire on June 30, 2025 Awaiting disposition

13D. The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Thomas Wilson, Attorney, 21 Hampton Knolls Rd. to serve as a member on the Library Board of Directors for the City of Holyoke: Attorney Wilson will replace Ms. Stephanie N. Marcotte and will serve the remainder term; said term will expire in February 2024 Awaiting disposition

13E. The Committee on Public Service to whom was referred an order Institute a quarterly Town Hall where residents are able to come in and express their concerns, with more time allotted than the public comment section. Awaiting disposition

13F. The Committee on Public Service to whom was referred an order that the representatives of MiFA Victory Theater come before the Public Service subcommittee to discuss how the theater stands in funding and an expected opening of the Theater Awaiting disposition

13G. The Committee on Public Service to whom was referred an order that the Victory Theater principals appear before the City Council to provide us with a update on the status of the Victory Theater Awaiting disposition

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

15. Charter and Rules Committee Reports (if any)

15A. The Committee on Charter and Rules to whom was referred an order that the City Council Rules are reviewed, reorganized, and that titles are added for accessibility Recommended that the order be adopted.

15B. The Committee on Charter and Rules to whom was referred an order that we rename the Joint School / City Council Committee to Youth Services Committee (or something similar) which would give that committee additional responsibilities such as making sure we comply with our CC Rule 65 that requires a Youth Ambassador to the City Council and creating opportunity for youth to be more civically involved Recommended that the order be adopted.

15C. The Committee on Charter and Rules to whom was referred an order that a new rule be created stating that “For the purposes of determining voting majorities and super majorities at full City Council meetings, eligible voting members shall mean the full body of the City Council except any members that may have properly abstained from participating in debate for a vote.” In addition, in any rules referring to the full membership of the City Council for determining a voting majority or super majority, amend them to state “eligible members of the City Council.” These locations are in Rule 35 and Rule 66 Recommended that the order has been complied with.

15D. The Committee on Charter and Rules to whom was referred an order that Rule 38 be amended by striking out “a 2/3 super majority” and replacing it with “a majority of all eligible members Recommended that the order has been complied with

15E. The Committee on Charter and Rules to whom was referred an order that That we change our rules to pass ordinances other than zone changes by a simple majority Recommended that the order has been complied with

15F. The Committee on Charter and Rules to whom was referred an order That we add a city council rule which requires a unanimous vote to continue meetings past 10pm Recommended that the order has been complied with

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

MOTIONS, ORDERS AND RESOLUTIONS

17. MALDONADO-VELEZ, GIVNER -- Ordered that the City Council add a Section for Battery Storage Facilities to the Zoning Ordinance (Section TBD) to reflect technology advancements and future need for such installations; new facilities will be reviewed through Section 10.0, Major Site Plan Review.

18. MCGEE -- That Rule 1 of the City Council be suspended for the purpose of the City Council going on Summer Recess and that the July 5, July 19 and August 16, 2022 meetings be cancelled.

19. MCGEE -- That the City Council meeting of September 6. 2022 be cancelled due to the State Primary Election.

20. MCGEE -- that the City Council review Section 7.10, Marijuana Facilities, to ensure that the review process is business sensible and that the review process for obtaining the Special Permit is being adhered to by Ordinance; amendments to this Section may be proposed and approved as part of this discussion.

21. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, SEVENTEEN THOUSAND FIVE HUNDRED AND 00/100 Dollars ($17,500.00) as follows:

FROM:
12101-51320 PARADE $3,500.00
12101-51323 SNOW TOWS 6,100.00
12101-51322 ELECTIONS 7,900.00
TOTAL: $17,500.00
TO:
12101-51321 SPECIAL EVENTS $17,500.00
TOTAL: $17,500.00

22. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, TWENTY THOUSAND FOUR HUNDRED FORTY SEVEN AND 63/100 Dollars ($20,447.63) as follows:

FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 6,723.80
12101-51107 PATROLMEN 9,840.61
TOTAL: $20,447.63
TO:
12101-51180 INJURED ON DUTY $20,447.63
TOTAL: $20,447.63

23. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, NINETEEN THOUSAND SEVEN HUNDRED TWENTY ONE AND 19/100 Dollars ($19,721.19) as follows:

FROM:
12101-51104 LIEUTENANT $5,436.51
12101-51105 SERGEANT 6,723.80
12101-51107 PATROLMEN 7,560.88
TOTAL: $19,721.19
TO:
12101-51180 INJURED ON DUTY $19,721.19
TOTAL: $19,721.19

24. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, TWO THOUSAND THREE HUNDRED THIRTY AND 34/100 Dollars ($2,330.34) as follows:

FROM:
12201-51105 FIREFIGHTERS $2,330.34
TOTAL: $2,330.34
TO:
12201-51180 INJURED ON DUTY $2,330.34
TOTAL: $2,330.34

25. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, FIVE THOUSAND AND 00/100 Dollars ($5,000.00) as follows:

FROM:
16101-51112 FINANCIAL MANAGER $5,000.00
TOTAL: $5,000.00
TO:
16101-51103 REFERENCE LIBRARIAN $5,000.00
TOTAL: $5,000.00

26. MCGIVERIN -- that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "MASS IN MOTION, $110,752, 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.

27. MCGEE -- that the City Council review Section 5.3, Special Permit to Exceed Height Limitation, in order to allow increased building height for all uses and additional zoning districts. Ensuring the allowable height may be increased by Planning Board Special Permit and in conjunction with those projects meeting the applicability of Section 10.1.2, Major Site Plan Review.

28. MCGIVERIN -- that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "WINTER RECOVERY ASSISTANCE PROGRAM (WRAP), $445,008, 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 -- that there be and is hereby appropriated by transfer in the fiscal year 2022, FIVE THOUSAND FIVE HUNDRED FORTY FOUR AND 68/100 Dollars ($5,544.68) as follows:

FROM:
XXXXX-XXXXX FREE CASH $5,544.68
TOTAL: $5,544.68
TO:
8781-10400 HHS CLASS OF 1947 SCHOLARSHIP $1,725.04
8794-10400 DR EDWARDO CARBALLO SCHOLARSHIP 1,497.09
8490-10400 GEORGE A ELLIOTT SCHOLARSHIP 887.88
8390-10400 ROBERT & JEWELL SUHER SCHOLARSHIP 852.15
8560-10400 FRANCES MOQUIN SCHOLARSHIP 408.99
8796-10400 JAMES M BOLDUC SCHOLARSHIP 102.71
8750-10400 HHS CLASS OF 1949 70.82
TOTAL: $5,544.68

30. MURPHY-ROMBOLETTI -- Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 267 Elm Street (Assessors Map 004, Block 03, Parcel 004) as surplus property available for disposition. The property was acquired via a tax lien foreclosure in 2017.  It is approximately 5,662 square feet in size, zoned Downtown Residential and has an assessed value of $34,500.

31. VACON -- that our City Engineer recommend traffic calming measures for Whiting Farms Rd.  Constituents are reporting drivers operating their vehicles in an unsafe manner.

32. VACON -- that the city engineer evaluate the area of Cherry & Dale Streets for speed calming measures and the PD enforce speed limits. Pedestrians and drivers are reporting drivers traveling at high speeds failing to stop for the crosswalk and causing dangerous situations for drivers entering Cherry Street from Dale St. and driveways on Cherry St.

33. VACON -- that the radar speed feedback sign be placed on Cherry Street near the curve (Beaudoin Village side of road) when approaching the intersection at Dale.  Pedestrians have reported nearly being hit by drivers while in the crosswalk.

34. VACON -- that the lines on Rt 202 on the closed right hand lane going toward Westfield be painted ASAP.  Two lanes are being used as travel lanes creating a safety hazard.

35. VACON -- that crosswalk be painted on County Rd near #90.  It has not been painted for a number of years.  Constituent request.

36. VACON, BARTLEY, JOURDAIN -- Under certain special circumstances with supermajority approval of the city council, the starting pay for a position with a salary set by ordinance can exceed the mid range, but not exceed the maximum.  Such a special circumstance shall have no effect on any other salary range or pay rate for any city employee.

37. VACON -- Order, that traffic enforcement be increased due to the increasing number of accidents and reported failure of drivers to obey traffic laws such as exceeding speed limits, failure to stop for stop signs, lights, people in crosswalks, failure to signal, yield etc.  A quarterly summary report of tickets issued is requested.

38. ANDERSON-BURGOS -- That the DPW install a raised crosswalk at the intersection of Linden St and West Franklin St. Vehicles coming down Linden St are not coming to a complete stop.

39. ANDERSON-BURGOS -- That HPD come to a Public Safety Committee meeting to discuss patrolling of West Franklin St. There is a significant amount of speeding, accidents and trucks cutting through.

40. ANDERSON-BURGOS -- That HPD patrol Florence Ave. The residents feel unsafe with all the vehicles that have been cutting through and speeding recently.

41. ANDERSON-BURGOS -- That the DPW seek an alternative solution for rock salt. Salt is corrosive to vehicles and roads, and can contaminate drinking water and be toxic to wildlife.

42. ANDERSON-BURGOS -- That the HPD come to an ordinance meeting to discuss how the noise ordinance can be applied to speed bikes.

43. ANDERSON-BURGOS -- That the DPW replace the sidewalk between 38 and 40 Arnodale Ave. The sidewalk has become hazardous to walk on.

44. GIVNER -- that the City Council review Section 6.4, Signs, in its entirety in order to make changes to the existing Ordinance to further refine and streamline the signage regulations.

45. JOURDAIN -- That the Fire Chief and Fire Commission please provide the following information to the City Council within 30 days:  Do any fire personnel of all ranks work second jobs that exceed 30 hours per week? If yes, how many?  How does the department manage those second full-time obligations when Ordinance 2-35 states that fire class of the public safety group are supposed to be working a 48 hour schedule?  After the report is received, please invite in the Chief and Commission to discuss if appropriate.

46. JOURDAIN -- That the City Council create an ordinance that creates food truck zones in the city with the goals of eliminating food deserts, managing the locations, and promoting various neighborhoods.

47. JOURDAIN --    Law dept please provide a legal opinion if a department can charge a fee for use of city facilities and property without authorization of the City Council.  Please note the adoption of ordinance 2-349 on licenses (attached) that was adopted by the City Council on 2/16/16 by overriding the Mayor’s veto but does not appear on Municode.  Law dept please specifically comment on the Parks & Rec “pool pass” program which provides pool users a license for a fee to use city pools for the Summer (greater than 30 days) and if that falls under the jurisdiction of 2-349.  If yes, then please ask them to cease and desist charging a fee until they get approval from the City Council.

48. JOURDAIN -- Acting DPW Superintendent please provide the City Council & Parking committee the following report:  for the prior 5 years (need to consider pre/post pandemic usage changes), amount of meter revenue and amount of parking garage revenue.  Please provide total usage % (used spaces divided total spaces) at both parking garages annually.  Please also provide any analysis of cost to get all meters fully operational.  Please provide the expected life cycle of the new meters if purchased.  Please also provide us the current amortization schedule for the Mayor Taupier Suffolk Street Parking Garage.

49. JOURDAIN, VACON -- The an ordinance be created to allow for a Fire Chief contract and that this ordinance also establish a salary range for the position (Min/Mid/Max)

50. JOURDAIN -- That the PVTA be requested to replace their bus shelter on South Street at the South Street shopping plaza.  Bus riders have gone some time without the prior shelter.

51. JOURDAIN, VACON -- The City Clerk please work with law department to double check that all ordinance/charter changes made over prior 8 years actually made it on to Municode. Municode is viewed as the source of truth and it absolutely needs to be accurate. (i.e. Charter Sec 9 still says 15 Councilors, Sec 25 Mayoral 4 year term not mentioned, Subpart B Special Acts has not been updated since 2016 is that right?, Ordinance 2-349 not included, etc.)

52. JOURDAIN -- That the Police enforce the no parking regulations along Cherry Street near Beaudoin Village.

Addendum:

LATE FILES FROM PREVIOUS MEETING

A. Petition of Jesùs Feliciano, for a street vendor license to be located at 130 Race St.

B. JOURDAIN -- Ordered, That the School Receiver Soto and Police Chief Pratt (and members of their teams as needed) please appear before the Public Safety Committee to discuss and review school safety and active shooter protocols and training in our public schools.

C. MCGEE -- order the city council give a proclamation for Barbara Bernard who will be turning a young 95 years old on July 13th.  Contributing writer and columnist for the Springfield Republican, civic leader, Citizenship Award Winner by the Holyoke Parade Committee, awards from the Italian Progressive Society, and Pynchon Award winner…

D. MCGEE -- ORDERED that Sec 2-40 and Sec 2-41 of the City Ordinances regarding Vacation Leave be amended to add language that the City may credit a new employee with additional paid vacation time based on relative prior employment experience

E. MCGEE -- Ordered that the City Council invite the HHS PURPLE KNIGHTS Volleyball team who captured the South Division title with a record of 8-0 defeated Southwick 3-0.  Overall record is 15-1

F. RIVERA_I -- Ordered, Resident on 326 Elm St. would like handicap sign on the side of his house removed as it is no longer needed.

G. From Robert Peirent, City Engineer, report on possible hump request for Bray Park Drive

H. MCGIVERIN -- Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2022, TWO THOUSAND EIGHT HUNDRED SIXTY FIVE AND 00/100 Dollars ($2,865.00) as follows:
15432-57700 VETERANS BENEFITS - DIRECT $2,865.00
TOTAL: $2,865.00
TO:
11571-51101      ADMIN ASST TO CITY COUNCIL                       $2,865.00
TOTAL: $2,865.00

I. BARTLEY -- Ordered, that we suspend our rules to waive our 3rd meeting in Sept. due to the Big E Parade.

 

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

Meeting posted: June 16, 2022 12:15 PM


City-Council-Agenda-June-21-2022.pdf
June 16, 2022
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REGULAR MEETING OF THE CITY COUNCIL
June 21, 2022

The meeting was called to order by President McGee at 7:06 PM

The Clerk called the roll.   Absent members: 1 (Puello) Present Members 12 (Anderson-Burgos, Bartley, Givner, Jourdain, Maldonado Velez, McGee, McGiverin, Murphy-Romboletti, I. Rivera, J. Rivera, Tallman, Vacon).

The Pledge of Allegiance was recited.

The name of Councilor Bartley was called to head the roll call voting.

President McGee stated that the Administrative Assistant Anderson-Burgos learned during a webinar on open meeting law that anytime a member of a public body is attending remotely, all votes have to be taken by roll call. He added that a procedural vote could be taken at the beginning of the meeting to be applicable to specific situations during the meeting.

President McGee wished an early happy birthday to Piper May Sullivan who would be turning 7 on July 7th. He also acknowledged that Molly Murphy President McGee turned 7 on June 7th.

President McGee invited Jose Garcia into the chambers, who was escorted to the podium by former city councilor, Patti Devine.  He then presented a proclamation on behalf of the City Council to Mr. Garcia in recognition of having served with distinguished honor as a Commission of the Board of Public Works for 26 years.

J. Garcia thanked the Council for putting up with him for 26 years, as well as to the mayor who empowered and entrusted him in that position for so many years. He then stated it was time for him to move on and allow someone else to take over the reins.

President McGee invited in Willie Lopez and Andrew Feliciano, members of the Holyoke Knights Varsity Volleyball Team to present them with proclamations recognizing their 2022 championship season with a winning record of 15-1.

W. Lopez stated that there had been only two returning members of the previous year’s team but they saw a lot of great talent coming out of tryouts, leading them to starting the season strong. He then thanked everyone for their support.

Motion was made and seconded to suspend the necessary rules to take up item Late File I out of order.

MCGEE -- Ordered, That the City Council give a proclamation to Bob Peirent for his years of dedication service.

Motion was made and seconded to suspend the necessary rules to take final action.
--->  Received and Adopted.

President McGee invited in outgoing City Engineer, Robert Peirent into the chambers, who was escorted to the podium by Mayor Garcia.

President McGee stated that Mr. Peirent was a phenomenal engineer and that the city could not ask for a better person to do the job and inform the Council on several issues to get their job done. He noted that Mr. Peirent’s last day would be that Thursday. He noted he would be staying on to help with the transition. He then recalled a story in which he saw Mr. Peirent instructing another employee on Mass general law regarding a project at a city park to ensure that the job was done right.

Mayor Garcia presented a proclamation from his office, as well as offering his congratulations to Mr. Peirent on his second retirement. He then stated that Mr. Peirent had become known for his knowledge, calm manner, and his patience from all who had sought his advice. He also noted Mr. Peirent had been an interim town administrator in his previous experiences.

President McGee read from the City Council proclamation honoring Mr. Peirent for his dedication and service to the city.

President McGee then thanks Patti Devine for her help in writing out the proclamations on behalf of the City Council.

LAID ON THE TABLE

(15:40)

The Committee on Finance to whom was referred an order From Lisa Ball, Acting City Solicitor, letter re: Fire Chief's Contract Recommended that the order is in compliance pending passage of the budget.

Councilor Jourdain stated that the legal option was still pending on this item.
--->  Laid on the table.

PUBLIC COMMENT

Libby Hernandez, 245 Walnut Street, spoke in favor of a letter submitted to be able to remove the salary cap for the new DPW Director. She noted that there had been a search for new leadership for one of the most important departments of the city. She also noted that adjacent towns had been hiring at a range of around $118,000. She stated this step was needed to attract talent. She also noted there was a request to reduce the experience requirement to five years.

Motion was made and seconded to suspend the necessary rules to take up items 2, 4, and 36 as a package.

From Mayor Joshua A. Garcia letter in support of the DPW Boards request to remove the current salary range cap for Director of DPW.
--->  Received and referred to the Ordinance Committee.

From Board of Public works, letter requesting the City Council to remove Salary Range cap for the Director of DPW.
--->  Received and referred to the Ordinance Committee.

VACON, BARTLEY, JOURDAIN -- Under certain special circumstances with supermajority approval of the city council, the starting pay for a position with a salary set by ordinance can exceed the mid range, but not exceed the maximum.  Such a special circumstance shall have no effect on any other salary range or pay rate for any city employee.
--->  Received and referred to the Ordinance Committee.

Councilor Jourdain stated that they needed to go over the mid range in order to attract an ideal candidate.

Patricia Devine, 58 Magnolia Avenue, expressed congratulations to the Holyoke Knights Volleyball Team. She asked for item 45 to be given a leave to withdraw. She stated that she had never seen an order such as that to be filed, asking the Fire Department, or any other department such as police, teachers, DPW, or other employee of the city to give such personal information to the Council. She also stated that in her experience and knowledge in labor law, she feared there could be an unfair labor practice charge filed against the city and the City Council. She stated that any abuse in working hours could be handled by the Fire Chief.

Nancy Capron, 72 Congress Avenue, noted that there had been a lot of discussion in the past few years of the need to raise property values in the city in order to being in additional needed tax revenue. She then noted that in a recent Finance Committee, one councilor has been impassioned in a statement that it was not fair how cities and schools are funded and everyone on the left knows it. She then stated that when her landlord’s property values went up, her rent did as well. She then stated that with her unsubsidized rental unit, her discretionary cash is more limited on an already limited income. She then stated that when market rate buildings go up in wards 1 and 2, there are no efforts to stabilize rents in those neighborhoods. She suggested that when apartments go up for sale, tenants should be given a right of first refusal to purchase those proprieties.

Spencer Fox Peterson, 51 Portland Street, spoke in favor of raising the DPW Director salary. He stated that the DPW provides a safe place to live with clean water and trash pickup, as well as many other positives. He also expressed support for defunding the police department, adding that they are not useful, and they take a lot out of the budget. He then stated that there were several Supreme Court rulings on the way to hurt working class people in the country for the capitalists. He stated that the police do not protect people. He noted that cities in the region had taken steps to decrease police budgets. He also stated that too much is spent incarcerating people without solutions to problems. He stated that there could be more funding for schools and other city needs. He noted the lack of transparency from the Uvalde Police Department in response to a school shooting there, adding that he had faced difficulties in getting information from the Holyoke Police Department to get them to release documents and emails.

COMMUNICATIONS

(28:15)

From Brenna Murphy McGee, MMC budget cuts for FY2023.
--->  Received.

Councilor McGiverin stated that he would be seeing to take up several items out of order. He stated that with the approaching end of the fiscal year, there were requests for free cash to finish their fiscal year off. He noted several department heads were in attendance seeking to see how those orders were handled.

Motion was made and seconded to suspend the necessary rules to take up item 26 out of order.

MCGIVERIN -- that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "MASS IN MOTION, $110,752, 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.

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor

UNDER DISCUSSION:
Motion was made and seconded to allow Aaron Vega, Director of Planning and Economic Development, to address the Council.

Councilor McGiverin stated that the grant was a ten year reoccurring grant, requiring approval each time a new appropriation came in.

Aaron Vega stated that the city had been receiving the grant for ten years, adding that it began going to his department a couple years ago. He then stated that this round would be a four year grant, with 3 two year renewal possibilities. He stated that this grant would fully fund the position of senior project manager, including healthcare benefits. He noted that in previous years, the position had been partially funded with city dollars. He stated that they would not be in the Holyoke retirement system. He stated that as it was not a city funded position, the position would go away if the funds were pulled from the state for some reason.

Councilor Bartley suggested that the memo from June 7th was vague. He then stated that there was an obligation to give grant updates to the City Council annually. He did not recall receiving any updates on the grant in previous years. He suggested that they could attend a committee meeting in September.

Vega stated that he would be able to provide an update. He stated that he hoped to have the position filled by September.
--->  Passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

Motion was made and seconded to suspend the necessary rules to take up item 29 out of order.

MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, FIVE THOUSAND FIVE HUNDRED FORTY FOUR AND 68/100 Dollars ($5,544.68) as follows:
FROM:
XXXXX-XXXXX FREE CASH $5,544.68
TOTAL: $5,544.68
TO:
8781-10400 HHS CLASS OF 1947 SCHOLARSHIP $1,725.04
8794-10400 DR EDWARDO CARBALLO SCHOLARSHIP 1,497.09
8490-10400 GEORGE A ELLIOTT SCHOLARSHIP 887.88
8390-10400 ROBERT & JEWELL SUHER SCHOLARSHIP 852.15
8560-10400 FRANCES MOQUIN SCHOLARSHIP 408.99
8796-10400 JAMES M BOLDUC SCHOLARSHIP 102.71
8750-10400 HHS CLASS OF 1949 70.82
TOTAL: $5,544.68

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor

UNDER DISCUSSION:
Councilor McGiverin stated that the transfer request was to assure that it was acted on before the end of the fiscal year to wipe out deficits in the School Department budget. He stated they had run into deficits in past year, noting none of the deficits were from the last 2-3 years. He added that the deficits could tie up free cash in future years. He then stated that he inquired about why the city was on the hook for scholarships, he learned that under Mass General Law (M.G.L.), when an alumni group or any group dedicatees money into a scholarship fund, the municipality can set up an investment fund but becomes legally liable to monitor the funds.

Councilor Bartley asked what happened to the funds after they were paid off.

Councilor McGiverin suggested that once the deficits were wiped out, they were be zeroed out.

Councilor Bartley asked if they would cease to exist once paid off.

City Auditor, Tanya Wdowiak, stated that after there was no funding in them, they would be deactivated so that expenditure could no longer be made out of them.

Councilor Bartley asked if it was ever identified who caused these overruns.

T. Wdowiak stated that it was a market conditions, adding that there were a few years that the funds were not reconciled. She noted that they had been reconciled the previous year, causing some to go into deficit when all funds had been paid out.

Councilor Bartley asked if there were other pending scholarships that would be subject to better controls.

T. Wdowiak stated that they had taken control of other scholarships.

Councilor Bartley asked for a communication for the September meeting listing balances of all other scholarships.

T. Wdowiak stated that she could provide that.

Motion was made and seconded to request a copy of a complete report of outstanding scholarship funds.
--->  Passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

Motion was made and seconded to suspend the necessary rules to take up item 25 out of order.

MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, FIVE THOUSAND AND 00/100 Dollars ($5,000.00) as follows:
FROM:
16101-51112 FINANCIAL MANAGER $5,000.00
TOTAL: $5,000.00
TO:
16101-51103 REFERENCE LIBRARIAN $5,000.00
TOTAL: $5,000.00

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor

 

UNDER DISCUSSION:
Councilor McGiverin stated that the transfer would allow the library to reconcile payroll for the fiscal year.

Councilor Bartley asked Ms. Pagan to explain what was being done with the transfer. He noted that it appeared they only needed $3,256.

Maria Pagan, Library Director, stated that last year when the new salary schedule was passed, she had not been given an updated template to request the funds. She then stated that she had to request a transfer to pay the staff the previous August. She then stated that the request was not taken up until two payrolls had passed, causing her to overspend in the reference librarian account to make sure those employees were paid on time.

Councilor Bartley asked if she expected the needed amount to go up and the $5,000 was to provide a cushion.

M. Pagan stated that she had five people in the reference section before the new salary schedule. She noted one person retired, and then combined two part time positions were combined into one, adding that the money had to be transferred into the existing reference librarian since the new position was not in the old schedule template. She then stated two other positions had been combined but that the old template did not provide a place for the new position title.

Councilor Bartley asked if the FY23 budget had properly budgeted for all of the positions she needed.

M. Pagan stated that the reference library had not been taken care of because it was cut.

Councilor Bartley asked if there would be future needs for her to visit the Council for additional requests.

M. Pagan stated that she would need to come back in August to transfer funds for the position that was cut.
--->  Passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

Motion was made and seconded to suspend the necessary rules to take up Late File F out of order.

MCGIVERIN -- Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2022, EIGHTY SIX THOUSAND SEVEN HUNDRED NINETY SIX AND 36/100 Dollars ($86,796.36) as follows:
FROM:
3110-10400       CSO-ENGINEERING/PLANNING                        $46,002.80
3150-10400       FIRE STATION-PROJECT MANAGER               40,793.56
TOTAL: $86,796.36
TO:
3370-10400       SCHOOL FEASIBILITY LAWRENCE/PECK                    $86,796.36
TOTAL: $86,796.36

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor

UNDER DISCUSSION:
Councilor McGiverin stated that there was a communication received by the Auditor to reconcile some accounts regarding short term borrowing BAN’s for an ongoing project with the middle schools. He suggested that she would be able to explain better.

T. Wdowiak stated that the order was to cover a deficit for the Lawrence and Peck School feasibility studies. She added that they can only bond a feasibility study for five years and the note was in the system for three years and they couldn’t bond because the project was not complete. She stated that there should have been appropriations for payments on the principal the previous year as well as earlier that year. She then stated that she was able to fid surpluses during some account reconciliations in the two accounts where funds were to be transferred out.

Councilor McGiverin stated that the two studies were from the one middle school proposal, followed by a two middle school proposal. He stated that both items were reimbursed by the MSBA at 80%. He asked to assure that these amounts were only for the city portion of the study costs.

T. Wdowiak stated that did reimburse at around 65%. She suggested there may have been expenses that were not reimbursable.

Councilor Jourdain noted that the Lawrence study was authorized in 2014. He then stated that the documents showed the study was $800,000 and that the state paid $664,000. He then stated it appeared that there were three payments of around $135,000 each. He then asked why there was still an outstanding amount of $40,000+.

T. Wdowiak stated that an email from June 8th explained that with the first authorization following the MSBA providing its portion, the city was supposed to pay down $45,200 on in September 2021 and another $45,200 in January of 2022. She said that the payments were never made and that the funds sat in short term notes. She stated that they could not bond for five years because the window had already passed.

Councilor Jourdain asked to clarify the payments were due but not made.

T. Wdowiak stated they were not technically due but the city should have appropriated the paydown knowing the time had expired,

Councilor Jourdain asked if the city had five years from the authorization in 2014 to pay down the bond.

T. Wdowiak stated that the project was authorized in 2014 but started in 2016 or 2017 and that was when the time started to elapse.

Councilor Jourdain asked how much of $136,000 was paid.

T. Wdowiak stated that nothing had been paid as of yet, adding that when the city had just attempted to bond for another project, she was told the city could not for the entire request because of the previous bond that the city should have appropriated for.

Councilor Jourdain asked to clarify that the city’s $136,00 had not been paid.

T. Wdowiak stated that the city paid the BAN, but when the city bonded there was a deficit because the city should have paid two years to the principal balance equaling $90,000.

Councilor Jourdain asked how much was paid and how much was outstanding.

T. Wdowiak stated that the city bonded $195,200 and that the MSBA paid for the rest. She also clarified that the city should have paid $90,400 in principal.

Councilor Jourdain asked if that meant we missed payments.

T. Wdowiak clarified that we did not miss payments but missed appropriation transfers.

Councilor Jourdain asked if the city had an obligation to make timely payments.

T. Wdowiak stated that the city did not have to make timely payments but that the city should have appropriated into a bond fund knowing that they would not have allowed the city to bond the $90,400 for two years because of the time it took for the project completion.

Councilor Jourdain asked if we kept it in a short term note for too long.

T. Wdowiak stated that was correct.

Councilor Jourdain then asked about the other request. He noted the state provided $240,000 and that the city owed $150,000. He asked if it was correct that she found $90,000 from other lines and the transfer was for the difference.

T. Wdowiak stated that was correct but there was also premiums from when the notes were sold. She added that she found $488,000 total which could be put toward other potential bonded projects as long as the bonding capacity is the same.

Councilor Bartley asked if there was a consequence of not passing this evening.

T. Wdowiak stated that it would impact free cash for 2023.

Motion was made and seconded to suspend the necessary rules to take final action.
--->  Passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

Motion was made and seconded to suspend the necessary rules to take up item 21 out of order.

MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, SEVENTEEN THOUSAND FIVE HUNDRED AND 00/100 Dollars ($17,500.00) as follows:
FROM:
12101-51320 PARADE $3,500.00
12101-51323 SNOW TOWS 6,100.00
12101-51322 ELECTIONS 7,900.00
TOTAL: $17,500.00
TO:
12101-51321 SPECIAL EVENTS $17,500.00
TOTAL: $17,500.00

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor

UNDER DISCUSSION:
Motion was made and seconded to suspend the necessary rules to allow Police Chief, David Pratt, to address the Council.

Councilor McGiverin stated that each of the line items where the money was coming from were created to track police overtime. He noted that use of the line items were unpredictable as far was what would be needed. He then stated that the special events line needed the funds because the account wasn’t funded enough due to the previous may believing that the fireworks would be in the following fiscal year.

Councilor Bartley asked what the two other events were.

Councilor McGiverin stated that one was the gay pride festival.

Chief Pratt stated the other event was a South Holyoke event.

Councilor Murphy-Romboletti stated that it was Noche de San Juan.

Chief Pratt that the fireworks needed to be budgeted for, as well as keeping in mind that if they were cancelled, he would have to rehire officers for the rain date. He suggested that he would likely not need to use all of the funds.

Councilor Bartley asked for dates of the events.

Chief Pratt state that the Pride event had been held on the 18th. He added that the fireworks rain date would be on the 25th.
--->  Passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

From Councilor Vacon communication from Constituent regarding School Takeovers by the state.
--->  Received and referred to the Development and Governmental Relations Committee.

PETITIONS

(1:12:55)

Motion was made and seconded to suspend the necessary rules to take up items 6, 7, 8, and 9 as a package.

Petition for a street vendor license for Jesus Feliciano between middle and appleton Sts.
--->  Received and referred to the Ordinance Committee

Petition of Holyoke Smokes Corp. for a new special permit for a Marijuana Delivery License Establishment at 81-85 Sargeant St.
--->  Received and referred to the Ordinance Committee

Petition from Qihang Zhang a new marijuana cultivation & processing establishment located at 6 Appleton St.
--->  Received and referred to the Ordinance Committee

Petition from Carefully Curated LLC for a new special permit for a Medical Marijuana Establishment at 420 Race St.
--->  Received and referred to the Ordinance Committee.

PRESIDENT’S REPORT

(1:13:40)

President McGee stated that the city fireworks display would be that Friday. He then read an invitation for city councilors to attend a meeting of the Public Safety and Public Health Advisory Committee to be held on Thursday, June 30th, at the Holyoke Elks.

Councilor Anderson-Burgos provided a report on the success of the city’s first Pridefest held on June 18th. He stated that at least 800 people visited the event throughout the day. He then stated that he had not seen a Police Department officer at the location. He stated that he expected an even better event with greater turnout the following year.

Councilor I. Rivera noted that it was a well-attended event with great food and good music. He then stated that Veterans Park was lit and being used as it was intended to be used.

Councilor Maldonado Velez thanked Mayor Garcia, State Representative Pat Duffy, and State Senator Jon Velis for opening the ceremony.

REPORTS OF COMMITTEES

(1:17:05)

The Committee on Ordinance to whom was referred an order based on the passage of Chapter 48 of the Acts of 2022, that Section 2-67 be amended to include City Solicitor and Superintendent of Public Works as exempt from the residency requirement.
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon recalled that the charter change had already been sent to the state legislature. She stated this was to bring ordinances in line with the charter change.

President McGee noted there was one amendment to the provided language, clarifying that Personnel Department should state Personnel Administrator.

Councilor Vacon asked to clarify the language, noting that the order was about City Solicitor and the DPW Director.

President McGee clarified that the language referring to Personnel Administrator was due to the specified section of the ordinances already having that language in there.

Motion was made and seconded to make the requested amendment.
--->  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  12--Nays  0--Absent  1 (Puello)..

The Committee on Ordinance to whom was referred an order Special Permit Application for Delivered Inc at 101 N. Bridge St (039-02-006) to buildout and operate a marijuana establishment
have considered the same and 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.
8. That the applicant following the recommendations in the June 7, 2022 letter from the City Engineer

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon stated that it had been a complete application and that the only additional condition besides the standard seven was to follow recommendations of the City Engineer.
--->  Report of Committee received and Adopted on a call of the roll of the yeas and nays--Yeas  11--Nays  0--Absent  1 (Puello)--Abstain  1 (Murphy-Romboletti). Councilor Murphy-Romboletti did not vote or participate in discussion on this item.

The Committee on Ordinance to whom was referred an order Special Permit Application for Holyoke Wilds at 20 Hadley Mills Rd (041-01-015) to permit the use of the existing building as a marijuana manufacturing establishment.
have considered the same and 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.
8. That the applicant add cultivation into the odor mitigation component of the application
9. That the applicant follow the recommendations of the June 7 letter from the City Engineer

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon stated that while the committee recommended approval, there was a comment from the Planning Department indicating that the applicant does not yet have a letter from the Police Department approving of the security plan.
--->  Report of Committee received and laid on the table.

The Committee on Ordinance to whom was referred an order that City Ordinance Chapter 2, Article II, Division 5, Sections 2-152, 2-156, and 2-158 be updated as necessary based on any new proposed structuring of the City’s law department.
Have considered the same and recommended that the order be adopted.

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon stated that there had been a presentation about reorganizing the Law Department to bring in a variety of skills and add more flexibility. She then stated that there were several areas to amend the ordinances. She then stated that this would allow them to bring in more attorneys with more areas of skill.
--->  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  12--Nays  0--Absent  1 (Puello).

The Committee on Ordinance to whom was referred an order that Section 2-34 (b) Hours of Municipal Offices and Employees be amended to include the office of the City Solicitor as exempted from having the hours of 8:30 to 4:30
Have considered the same and recommended that the order be adopted.

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

 

UNDER DISCUSSION:
Councilor Vacon stated that in reorganizing the department, it was understood their hours are irregular, often requiring them to attend evening meetings. She stated they were cleaning up language to provide the flexibility in scheduling.
--->  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  12--Nays  0--Absent  1 (Puello)..

The Committee on Ordinance to whom was referred an order a committee be formed called "The Tourism advisory committee."
The scope of the Committee is to:
1. Create and market a new brand for Holyoke,
2. Initiate permit reform for events, public gatherings, beautification, and public art.
3. Annually monitor and report the progress of tourism initiatives to Mayor and City Council.
4. Review infrastructure maintenance program.
5. Coordinate business communications and Holyoke tourism opportunities into one marketing effort.
6. Establish and support signature destinations and districts such as a Puerto Rican Cultural District on Main Street and The Canal District.
7. Promote ecotourism and outdoor recreation.
8. Make recommendations for a financial and human resources plan.
9. Recommend annual updates to the Holyoke Tourism Strategic Plan.
The Committee will utilize the Holyoke Tourism Strategic Plan. The Committee will, from time to time, update and revise the plan as they find necessary.
The Committee should comprise one representative appointed by each of the following agencies: Holyoke Local Cultural Council, Greater Holyoke Chamber of Commerce, Greater Springfield Convention & Visitors Bureau, Holyoke Office of Planning & Economic Development, Holyoke City Council, Holyoke Historical Commission, and Wistariahurst Museum. A minimum of five (5) and up to eight (8) at-large members will be nominated and recommended by the Committee and appointed by the Mayor for a three-year term.
Have considered the same and recommended that the order be adopted, as amended to require that one of the at-large members be a youth member.

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon noted there was an additional amendment in the legal language that the Tourism Advisory Committee would support beautification and cleanliness efforts in the city.

Councilor Tallman expressed thanks to the Ordinance Committee for taking the matter up quickly after the Public Service Committee had referred it over.

Councilor I. Rivera emphasized the importance of adding a youth member as a requirement.
--->  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  12--Nays  0--Absent  1 (Puello).

The Committee on Ordinance to whom was referred an order From Robert Peirent, City Engineer, report on possible hump request for Bray Park Drive
Have considered the same and recommended that the Engineer's report to not install temporary speed humps be accepted.

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon stated that according to the analysis provided by Mr. Peirent showed that given the traffic counts and speeds, the percentage of vehicles travelling over 30 miles per hour was less, as well as other considerations the speed humps were not warranted.
--->  Report of Committee received and recommendation Adopted.

Motion was made and seconded to suspend the necessary rules to take up items 10H, 10K, 10L and 10M as a package.

The Committee on Ordinance to whom was referred an order Petition for Speed Hump from citizens for Moss Ave
have considered the same and Recommended that the Engineer's recommendation to not install temporary speed humps be accepted.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

--->  Received and referred to the Ordinance Committee.

The Committee on Ordinance to whom was referred an order that speed hump be placed on Fenton St
have considered the same and Recommended that the Engineer's recommendation to not install temporary speed humps be accepted.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I
--->  Received and referred to the Ordinance Committee

The Committee on Ordinance to whom was referred an order That speed humps be placed on Memorial Dr
have considered the same and Recommended that the Engineer's recommendation to not install temporary speed humps be accepted.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I
--->  Received and referred to the Ordinance Committee.

The Committee on Ordinance to whom was referred an order that speed humps be placed on Moss Ave
have considered the same and Recommended that the Engineer's recommendation to not install temporary speed humps be accepted.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

Councilor Bartley made a motion to refer items 10H, 10K, 10L, and 10M back to the Ordinance Committee for additional discussion.
--->  Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules to take up items 10I and 10J as a package.

The Committee on Ordinance to whom was referred an order Remove existing handicapped sign at 402 Pleasant St by request of a new resident at the same address
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I.
--->  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  10--Nays  1 (Anderson-Burgos)--Absent  2 (Bartley, Puello).

 

The Committee on Ordinance to whom was referred an order that the handicap spot in the ordinances located on the east side of Pleasant St 200 feet south of Lincoln St be removed. The Engineer has stated that the entry does not match anything currently installed
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon stated they were no longer needed and should be removed from the ordinances.
--->  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  10--Nays  1 (Anderson-Burgos)--Absent  2 (Bartley, Puello).

The Committee on Ordinance to whom was referred an order that speed hump/s be placed on Upland Road
have considered the same and Recommended that the Engineer's recommendation to proceed with temporary speed humps be accepted.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon stated that findings were that it would be helpful to evaluate the impact by placing temporary speed humps.
--->  Report of Committee received and recommendation Adopted.

The Committee on Ordinance to whom was referred an order that the ordinance be amended to change the City Council’s Administrative Assistant term from one year to two years
have considered the same and Recommended that the order has been complied with.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon stated that the term had not been in an ordinance but only in the charter.
--->  Report of Committee received and recommendation Adopted.

The Committee on Ordinance to whom was referred an order Zone change application from BH to BC for Gennaro Santaniello at 18 Cabot St (029-04-001) to make the pre-existing non-conforming structure under BH zone a conforming structure under BC zone
Have considered the same and recommended that the order be adopted.

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon thanked the committee for arriving early that day to complete two zone change votes. She then stated that the committee completed the public hearing and that the recommendation from the Planning Board had been unanimous in favor of the zone change.

Councilor Bartley stated that the investment was exciting. He stated that the stretch of road had great businesses that had kept the area alive through tough times. He noted potentially four new businesses coming into the area that had been pretty dormant at one time.
--->  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  12--Nays  0--Absent  1 (Puello)..

The Committee on Ordinance to whom was referred an order Petition of Yoeli Brene, for a street vendor license to be located on High Street between Hampshire and Worcester Pl
have considered the same and Recommended that the order be given a leave to withdraw.

 

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon stated that there had been multiple attempts to invite the applicant into a meeting with no success and they decided to dispose of after the third try.
--->  Report of Committee received and recommendation Adopted.

The Committee on Ordinance to whom was referred an order Zone change application from R-2 to BL submitted by Betlai, LLC c/o Edison Yee, for the property located at Pleasant Street, Parcel ID # 092-00-112, (former Peoples Bank parking lot), to create continuity with the abutting parcel to the south to allow for future development
Have considered the same and recommended that the order be adopted.

Committee Members:

Linda L. Vacon

Jose Maldonado-Velez

Kocayne Givner

Kevin A Jourdain

Israel Rivera_I

UNDER DISCUSSION:
Councilor Vacon noted that there had been questions regarding the initial notice because of the lack of a numerical address because it was parking lot, adding that another notice was sent to be more thorough. She then stated the Planning Board unanimously recommended approval. She stated that neighbors and the applicant were all heard from. She also expressed appreciation for the investment in the city.

Councilor Bartley noted the value of investment in the city’s most vulnerable people. He then commended the new investment in a dormant building adding to an exciting stretch of road. He also emphasized the value of advocating for new business in the city.

Councilor Jourdain expressed that it was fantastic to have a White Hut restaurant coming into the city, adding that the good reputation of the Yee family was well known in the area. He added that it was great to see a dormant property revitalized in this way and bringing another restaurant into the community.

Councilor Tallman stated that the investment in Holyoke was a beautiful thing. He noted his familiarity with the area during his time delivering mail in the neighborhood. He also thanked the Yee family for their investment.

Councilor McGiverin stated that the zone change use was obvious. He noted some neighbors knew it was a commercial property, and had just wanted the right developed and project coming in. He also noted that the Yee family was tremendous and owned an established organization.
--->  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  11--Nays  0--Absent  2 (Puello, Rivera_I).

(1:48:35)

Councilor McGiverin stated that he would be abstaining from discussion on item 11B, noting his employment as a probation officer.

The Committee on Finance to whom was referred an order Holyoke FY 2023 CPA Budget for City Council Approval. This budget is usually a projection of anticipated revenue from CPA collections as well as the anticipated state match (this years match from the DOR is estimated to be 35%, which is based on the previous years allocation).
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor McGiverin stated that the CPA informed the Council of the projected budget for the coming year. He said they anticipate 35% from the Department of Revenue, based on what took place in the past two years. He then stated they projected close to $800,000 in appropriations to be divided into 3 categories: historic preservation, housing, and open space, as well as some allocated for administrative costs.
--->  Report of Committee received and recommendation Adopted.

The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "DIVERTING JUVENILES AND EMERGING ADULTS FROM CRIMINAL JUSTICE SYSTEM INVOLVEMENT, $50,000, 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
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor Jourdain stated the grant would be administered though the Police Department as an alternative to criminal justice involvement. He stated that the city had received the grant in the past and that there was no match.

Councilor Tallman noted the breakdown of $42,000 to the Boys and Girls Club as well as $8,000 for drug prevention, membership fee, job placement, and afterschool programs.

Councilor Bartley stated that there had not been reports on the grant that had come in every year. He then requested that the Administrative Assistant send a request to the Police Department to have a report communicated.
--->  Report of Committee received and Adopted on a call of the roll of the yeas and nays--Yeas  11--Nays  0--Absent  1 (Puello)--Abstain  1 (McGiverin). Councilor McGiverin did not vote or participate in discussion on this item.

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 "FY23 SHARED STREETS AND SPACES, $200,000, 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
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor McGiverin stated that the grant would be established the to allow the money to be spent by the city. He also commended the attendance by several councilors attending many of the Finance Committee’s meetings. He stated it would fund 6 raised sidewalks.
--->  Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

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 "REGIONAL ECONOMIC DEVELOPMENT ORGANIZATION GRANT PROGRAM, $25,000, 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
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor McGiverin stated that grant would provide for a small business popup shop proposed by the Office of Planning and Economic Development (OPED). He stated it was a unique use of a vacant store front to use during downtown events such as Celebrate Holyoke. Small businesses would enter into agreements to use the location to participate in such festivals.
--->  Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, ELEVEN THOUSAND THREE HUNDRED FIFTY AND 66/100 Dollars ($11,350.66) as follows:
FROM:
12201-51105 FIREFIGHTERS $11,350.66
TOTAL: $11,350.66
TO:
12201-51109 PAY-ASSISTANT SUPERVISOR - ALARMS $11,350.66
TOTAL: $11,350.66
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor McGiverin stated that the surplus was due to vacancies throughout the year, noting there were 83 allowed by ordinance. He then stated that the transfer was to cover salary needed due to a mix up when the contract was passed as to how much money was needed in the line item.
--->  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 (Maldonado Velez, Puello).

The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2022, ONE MILLION AND 00/100 Dollars ($1,000,000) as follows:
FROM:
13002-57000 SCHOOL - OTHER EXPENSES $1,000,000
TOTAL: $1,000,000
TO:
8810-10400 STABILIZATION $1,000,000
TOTAL: $1,000,000
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor McGiverin stated that the surplus was due to unused funds thanks to savings resulting from an extension in the bus contract. He then stated that the purpose for transfer into the stabilization fund was for use in the coming year. He noted that mayor had some ideas presented for what he would do.

Councilor Vacon commended the mayor for bringing the request forward. She also stated it was the first time funds were going into stabilization since she had been on the Council.

Councilor Jourdain commended the mayor, noting that it was the right place for the funds. He also expressed interest in heating what the mayor had in mind for use of the funds. He suggested it would be nice to maintain a trend of making regular payments into the stabilization account, noting the last transfer into it had been 1999.

Councilor Tallman commended the School Department for finding the savings in the bus contract. He noted they were also able to find savings in adjusting bus routes.

Councilor Bartley asked for an update on the balance of the stabilization account.

Councilor McGiverin noted there was an order in the Finance Committee to get updates on revenue forecasting, adding that information on the balance may be a part of that.

Councilor Bartley made a motion to request that the Auditor provide an update on the balance of the stabilization account for the August meeting. Councilor Tallman seconded the motion. Motion passed.
--->  Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

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 HUNDRED FOUR AND 71/100 Dollars ($304.71) as follows:
FROM:
11382-53190 EDUCATION & TRAINING $304.71
TOTAL: $304.71
TO:
11381-51300 OVERTIME $304.71
TOTAL: $304.71
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor McGiverin stated that there had been a loss in the office and the subsequent vacancy in the Purchasing Department led to the need for overtime. He stated it would cover the department for the rest of the fiscal year.
--->  Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

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 SEVEN AND 64/100 Dollars ($207.64) as follows:
FROM:
11751-51240 TEMP/SEASONAL $207.64
TOTAL: $207.64
TO:
11751-51300 OVERTIME $207.64
TOTAL: $207.64
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman.

UNDER DISCUSSION:
Councilor McGiverin stated that the surplus was verified by the Auditor. He then stated that the overtime was due to switch in staff during the year, as well as the OPED taking a role on various commissions.
--->  Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

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 THOUSAND EIGHT HUNDRED SIXTY FIVE AND 00/100 Dollars ($2,865.00) as follows:
FROM:
15432-57700 VETERANS BENEFITS - DIRECT $2,865.00
TOTAL: $2,865.00
TO:
11571-51101 ADMIN ASST TO CITY COUNCIL $2,865.00
TOTAL: $2,865.00
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor McGiverin stated that the funds were to cover the extra salary to the administrative assistant for his added duties as web administrator for the city website. He noted that when the salary was adjusted, it had not initially included retroactive pay going back to when he began doing the work.

Councilor Tallman commended the administrative assistant for his help with committee work.

Councilor Vacon commended the work of the administrative assistant on the detailed work with the heavy workload of the Ordinance Committee.
--->  Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  11--Nays  0--Absent  1 (Puello)--Abstain  1 (Anderson-Burgos). Councilor Anderson-Burgos did not vote or participate in discussion of this item.

Motion was made and seconded to suspend the necessary rules to take up items 11J and 11K as a package.

The Committee on Finance to whom was referred an order That there be and is hereby appropriated by transfer in the fiscal year 2023 from fiscal year 2022 free cash a sum of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000) as follows:
FROM: FY2022 FREE CASH
TO: CAPITAL STABILIZATION FUND
Capital Stabilization Fund to be created by City Ordinance prior to June 30, 2022 for appropriation for fiscal year 2023
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman.

UNDER DISCUSSION:
Councilor McGiverin noted the free cash calculation had come in late this year. He then stated that by putting these funds into stabilization, it is protected it for use in the next year.
--->  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 (Givner, Puello).

The Committee on Finance to whom was referred an order That there be and is hereby appropriated by transfer in the fiscal year 2023 from fiscal year 2022 Sewer Enterprise free cash a sum of TWO HUNDRED NINETY THREE THOUSAND AND 00/100 DOLLARS ($293,000) as follows:
FROM: FY2022 SEWER ENTERPRISE FREE CASH
TO: SEWER ENTERPRISE STABILIZATION FUND
Sewer Enterprise Stabilization fund to be created by City Ordinance prior to June 30, 2022 for appropriation for fiscal year 2023
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Joseph McGiverin

Kevin A Jourdain

Will Puello

Juan . Anderson-Burgos

Peter Tallman

UNDER DISCUSSION:
Councilor McGiverin stated that it had been the first time in many years that there had been a surplus in this sewer enterprise account. He then stated that there were many things that could be done within the coming years. He added that this was a way to protect the surplus funds.
--->  Report of Committee passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  11--Nays  0--Absent  1 (Givner, Puello).

Motion was made and seconded to remove an order from the Finance Committee.

MCGIVERIN -- Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2022, FIFTY THOUSAND AND 00/100 Dollars ($50,000) as follows:
FROM:
15432-57000 VETERANS BENEFITS-DIRECT $50,000
TOTAL: $50,000
TO:
19412-57630 CLAIMS & DAMAGES $50,000
TOTAL: $50,000

Councilor McGiverin stated the item had been tabled in committee due to having additional questions. He stated that the surplus was due to the line item being based on what had been needed in previous years. He then stated that the claim was to reconcile a workman’s comp claim in the DPW.

Councilor Jourdain stated that he was in support of the transfer. He then expressed concern about many workplace injuries in the city. He then stated that it needed to be understood why many employees are getting injured, as well as more examination to look at various injury accounts. He also stated that the Council needed to get to the root causes of the injuries. He suggested more questions needed to be asked what steps would be in place to avoid these happening in the future. He also asked what the city is doing to keep the public and the workers safe. He stated that the employee was entitled to the funds, but there needed to be more root cause analysis.
--->  Received and passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

Councilor Bartley suggested that the vote for an item pulled from committee should be placed in the addendum on the next meeting’s agenda just as late files are.

President McGee stated that there were no reports from the Public Safety Committee.

(2:20:20)

The Committee on Public Service to whom was referred an order From Jose Bayron Chairman Parks & Rec and Helene Busby Vice Chairman letter appointing Tom Reynolds as the new director
Have considered the same and recommended that the appointment be confirmed.

 

Committee Members:

Peter Tallman

Will Puello

David K. Bartley.

UNDER DISCUSSION:
Councilor Tallman stated that Mr. Reynolds had great experience, had been a lifeguard, had moved away but chose to move back. He then stated that Mr. Reynolds had training, good vision for the department, good familiarity with the parks in the city. He noted there was discussion of a potential separation of the Parks Department from the DPW. He also noted that Mr. Reynolds had been a coach for baseball and track.

Councilor Jourdain expressed his support for Mr. Reynolds. He also emphasized that the term was five years per city ordinance.

Councilor McGiverin expressed his support for the appointment. He noted that Mr. Reynolds would bring a great deal to the department. He noted that the department had not seen much turnover and that it was good to see a top shelf appointment.
--->  Report of Committee received and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Ms. Gladys Lebron-Martinez to serve as a Commissioner of the Holyoke Housing Authority for the City of Holyoke: Ms. Lebron-Martinez will replace Myriam Quinones and will serve the remainder term; said term will expire on April 1, 2024
Have considered the same and recommended that the appointment be confirmed.

 

Committee Members:

Peter Tallman

Will Puello

David K. Bartley

UNDER DISCUSSION:
Councilor Tallman stated that Ms. Lebron-Martinez was a former School Committee member and former Ward 1 Councilor. He stated that she was looking to continue to serve, knew a lot about the projects the Housing Authority was doing and would serve well on the board.

Councilor McGiverin commended the appointment. He noted that when Ms. Lebron-Martinez retired from the City Council, he recognized that she still had much to offer the city and was pleased to see her remain active.

Councilor Bartley noted that he asked Ms. Lebron-Martinez about HHA being the largest landlord in the municipality but paying the smallest PILOT of all of them, $4,000 a year. He then stated that he also raised the concern that they have taken grant money from the city and other financing, but also shifted $500,000 in the past two years to the Massachusetts Municipal Depository Trust. He added that it was a public bank and that it was just generating more interest. He stated that they were to help the neediest and most vulnerable but had continued to send public money to MMDT to make money. He asked if making money was their purpose or they should be helping people. He noted that he brought it up to her.
--->  Report of Committee received and Adopted on a call of the roll of the yeas and nays--Yeas  11--Nays  0--Absent  2 (Jourdain, Puello).

Motion was made and seconded to suspend the necessary rules to take up item Late File E out of order.

From Michael D. Bissonnette, Associate City solicitor, letter regarding city residency.

President McGee read the letter into the record, noting it was a communication from the Law Department determining that the residency requirement in the Charter was applicable to offices enumerated in the charter and not necessarily for any after created positions established by ordinance.
--->  Received.

The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Nathan Chung, 9 Prew Ave Apt 4A, to serve as a Commissioner of the Planning Board for the City of Holyoke: Mr. Chung will replace Mr. John Kelly and will serve a three year term; said term will expire on June 30, 2025
Have considered the same and recommended that the appointment be confirmed.

 

Committee Members:

Peter Tallman

Will Puello

David K. Bartley.

UNDER DISCUSSION:
Councilor Tallman stated that Mr. Chung was a grant administrator in Northampton, experience in regional planning, and had the time and commitment to take the position on the Planning Board. He noted that the request to the Law Department to determine Mr. Chung’s eligibility based on residency had been the reason for the letter from Atty Bissonnette.

Councilor Bartley stated that the nominee was a qualified purpose, adding that it was a volunteer board.

Councilor McGiverin emphasized the value of Mr. Chung’s resume, experience, and grant writing skills. He also commended the work of John Kelley as a long time members serving on the Planning Board.

Councilor Vacon commended the collaborative work of Mr. Kelley during his time chairing the Planning Board. She noted that the Ordinance Committee had help many joint hearing with the Planning Board.

Councilor Bartley expressed respect for the hard work and commitment to the city from Mr. Kelley.

Councilor Murphy-Romboletti asked to clarify the terms of Planning Board members, noting that the appointment said three years but some seemed to be longer.
--->  Report of Committee received and recommendation Adopted.

The Committee on Public Service to whom was referred an order From Mayor Joshua A. Garcia letter appointing Thomas Wilson, Attorney, 21 Hampton Knolls Rd. to serve as a member on the Library Board of Directors for the City of Holyoke: Attorney Wilson will replace Ms. Stephanie N. Marcotte and will serve the remainder term; said term will expire in February 2024
Have considered the same and recommended that the appointment be confirmed.

 

Committee Members:

Peter Tallman

Will Puello

David K. Bartley

UNDER DISCUSSION:
Councilor Tallman stated that Mr. Wilson had grown up in Holyoke. He noted that the benefits of the library to the city of Holyoke was discussed. He also stated that Mr. Wilson wanted to promote more community involvement in the library and wanted to encourage the youth to start reading more.

Councilor McGiverin expressed that Mr. Wilson would be a great appointment, noting he had served in many boards over the years and was a staunch reader.
--->  Report of Committee received and recommendation Adopted.

The Committee on Public Service to whom was referred an order Institute a quarterly Town Hall where residents are able to come in and express their concerns, with more time allotted than the public comment section.
Have considered the same and recommended that the order has been complied with.

Committee Members:

Peter Tallman

Will Puello

David K. Bartley

UNDER DISCUSSION:
Councilor Tallman stated that many councilors have done office hours. He also noted that there may be questions of logistics in instituted a quarterly town hall. He also stated there were concerns about the public only having a minute and a half to speak during public comment.

Councilor Maldonado Velez stated that it was one of the first orders he filed as a councilor. He then stated that a couple things shifted his thinking regarding the intent of the order, one was an order from Councilor Bartley requesting a meeting around putting up a new school in neighborhoods, the other from President McGee requesting that HG&E went into the community to discuss issues of tree and lighting. He then stated that he would put in another order to be more intentional about which departments would be more appropriate to hold such meetings. He stated that it was important to get input into the public record but that concerns of logistics and timing we fair concerns.

Councilor Bartley stated that he had a preference against the phrasing of a town hall, adding that the term had become weaponized and that people saw it as an opportunity to come in and yell. He also stated that such meetings needed a chair who knew how to control a meeting and maintain decorum. He then stated that when he first started his role as a councilor, he had 55 meetings allowing the public to hear from department heads and other board and committee members.

Councilor I. Rivera expressed his appreciation for the meeting. He then expressed his hope that there could be additional efforts to make such meetings work so that the community can be more involved and provide more input. He stated that with repeated efforts at such meetings, it could result in good resident engagement.

Councilor Tallman noted that the meeting on June 30th could be the format for the type that was being encouraged by this order.

Councilor Maldonado Velez noted a section of the charter allows the public to petition for a public meeting with 50 signatures.
--->  Report of Committee received and recommendation Adopted.

Motion was made and seconded to suspend the necessary rules to take up items 13F and 13G as a package.

The Committee on Public Service to whom was referred an order that the representatives of MiFA Victory Theater come before the Public Service subcommittee to discuss how the theater stands in funding and an expected opening of the Theater
Have considered the same and recommended that the order has been complied with.

Committee Members:

Peter Tallman

Will Puello

David K. Bartley

--->  Report of Committee received and recommendation Adopted.

The Committee on Public Service to whom was referred an order that the Victory Theater principals appear before the City Council to provide us with a update on the status of the Victory Theater.
Have considered the same and recommended that the order has been complied with.

Committee Members:

Peter Tallman

Will Puello

David K. Bartley

UNDER DISCUSSION:
Councilor Tallman stated that MiFA Director, Don Sanders, attended but had experienced some technical issues and was planning to provide a one page summary letter. He noted that there was much funding for the project remaining. He added that they purchased the building next door. He also stated there was an expectation that the theater would bring in activity to the area, adding that the addition of theaters in many regional communities had been successful in bringing in more interest to those communities. He also noted that there was an expectation of potential ARPA funding for the project. He stated that they could be opening in 2024.
--->  Report of Committee received and recommendation Adopted.

(2:50:45)

The Committee on Charter and Rules to whom was referred an order that the City Council Rules are reviewed, reorganized, and that titles are added for accessibility
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Jose Maldonado-Velez

Tessa Murphy-Romboletti

Todd A McGee

 

UNDER DISCUSSION:
Councilor Maldonado Velez stated that he cut up all the rules and reorganized them so that they all made sense in grouping them together. He then noted that in a previous committee meeting, there were questions on rules that had been there for a while, and he hoped there would be more motivation to revisit the way some of the rules were written.

Councilor Jourdain expressed his support for the work. He noted that the logic behind the previous system was the Council liked tradition and had kept the original format from the first set of rules. He emphasized that this change was a big deal and that a new tradition was beginning.

Councilor McGiverin commended the work of the committee, noting that change can be good even if it tough for traditionalists. He noted that there were 37 rules when he started and that additional rules likely made the rules more cumbersome to understand.
--->  Report of Committee received and recommendation Adopted.

The Committee on Charter and Rules to whom was referred an order that we rename the Joint School / City Council Committee to Youth Services Committee (or something similar) which would give that committee additional responsibilities such as making sure we comply with our CC Rule 65 that requires a Youth Ambassador to the City Council and creating opportunity for youth to be more civically involved
have considered the same and Recommended that the order be adopted.

 

Committee Members:

Jose Maldonado-Velez

Tessa Murphy-Romboletti

Todd A McGee

UNDER DISCUSSION:
Councilor Maldonado Velez noted that rule 65 had become 10C. He then stated that the order was taken up as part of a broader intent to add other committee to the City Council. He stated that this received relatively little discussion. He stated that the focus was about making sure the youth voice was included.
--->  Report of Committee received and recommendation Adopted.

Motion was made and seconded to suspend the necessary rules to take up items 15C, 15D, 15E, and 15F as a package.

The Committee on Charter and Rules to whom was referred an order that a new rule be created stating that “For the purposes of determining voting majorities and super majorities at full City Council meetings, eligible voting members shall mean the full body of the City Council except any members that may have properly abstained from participating in debate for a vote.” In addition, in any rules referring to the full membership of the City Council for determining a voting majority or super majority, amend them to state “eligible members of the City Council.” These locations are in Rule 35 and Rule 66
have considered the same and Recommended that the order has been complied with.

 

Committee Members:

Jose Maldonado-Velez

Tessa Murphy-Romboletti

Todd A McGee

--->  Report of Committee received and recommendation Adopted.

The Committee on Charter and Rules to whom was referred an order that Rule 38 be amended by striking out “a 2/3 super majority” and replacing it with “a majority of all eligible members
have considered the same and Recommended that the order has been complied with.

 

Committee Members:

Jose Maldonado-Velez

Tessa Murphy-Romboletti

Todd A McGee

 

--->  Report of Committee received and recommendation Adopted.

The Committee on Charter and Rules to whom was referred an order that That we change our rules to pass ordinances other than zone changes by a simple majority
have considered the same and Recommended that the order has been complied with.

 

Committee Members:

Jose Maldonado-Velez

Tessa Murphy-Romboletti

Todd A McGee

UNDER DISCUSSION:
Councilor Maldonado Velez stated that items 15C, 15D, and 15E were discussed several times together and it was decided that if there was interest in continuing to pursue the idea in the future that orders can be filed later.
--->  Report of Committee received and recommendation Adopted.

The Committee on Charter and Rules to whom was referred an order That we add a city council rule which requires a unanimous vote to continue meetings past 10pm
have considered the same and Recommended that the order has been complied with.

 

Committee Members:

Jose Maldonado-Velez

Tessa Murphy-Romboletti

Todd A McGee

UNDER DISCUSSION:
Councilor Maldonado Velez stated that this was more about having a conversation on how late meetings were running, adding that there appeared to be a better effort at being more efficient with time during meetings. He stated another order could be put forward in the future if there was interest.
--->  Report of Committee received and recommendation Adopted.

President McGee stated that there were no reports from the Joint City Council and School Committee.

ORDERS AND TRANSFERS

(2:58:50)

President McGee implored councilors to avoid debate if orders were just going to go to committee.

MALDONADO-VELEZ, GIVNER -- Ordered that the City Council add a Section for Battery Storage Facilities to the Zoning Ordinance (Section TBD) to reflect technology advancements and future need for such installations; new facilities will be reviewed through Section 10.0, Major Site Plan Review.
--->  Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules to take up items 18 and 19 as a package.

MCGEE -- That Rule 1 of the City Council be suspended for the purpose of the City Council going on Summer Recess and that the July 5, July 19 and August 16, 2022 meetings be cancelled.
--->  Received and Adopted.

MCGEE -- That the City Council meeting of September 6. 2022 be cancelled due to the State Primary Election.

Councilor Murphy-Romboletti asked if this would mean the Council was meeting once between now and October since both September meetings were being cancelled due to the election and the Big E Day.

President McGee stated that for summer recess, Council would meet for the first August meeting. He also emphasized that committees could meet as often as they wanted. He then stated that suspending for elections was required. He then stated that a special meeting could be called to accommodate for the loss of the meetings.

Councilor Maldonado Velez suggested moving the September meeting to Wednesday, the 7th.

President McGee stated that would be more difficult due to election machines still taking up space in the chambers and hallway.

Councilor Jourdain suggested figuring it out at the August meeting.

President McGee stated that it can be figured out at that meeting.
--->  Received and Adopted.

President McGee stated that there would be a joint meeting on August 4th for the City Council and the School Committee to appoint to the vacate Ward 3 School Committee seat. He then stated that anyone interest should provide resumes to the Personnel Department.

Councilor Vacon asked if resumes and letters would be required.

President McGee stated that they were trying to get that just so they have the information, but it was not required. He then stated that on the night of August 4th, people could give some information. He then emphasized that they could vote for anyone they want even if someone had not applied.

MCGEE -- that the City Council review Section 7.10, Marijuana Facilities, to ensure that the review process is business sensible and that the review process for obtaining the Special Permit is being adhered to by Ordinance; amendments to this Section may be proposed and approved as part of this discussion.
--->  Received and referred to the Ordinance Committee.

Motion was made and seconded to suspend the necessary rules to take up items 22, 23, and 24 as a package.

MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, TWENTY THOUSAND FOUR HUNDRED FORTY SEVEN AND 63/100 Dollars ($20,447.63) as follows:
FROM:
12101-51104 LIEUTENANT $3,883.22
12101-51105 SERGEANT 6,723.80
12101-51107 PATROLMEN 9,840.61
TOTAL: $20,447.63
TO:
12101-51180 INJURED ON DUTY $20,447.63
TOTAL: $20,447.63

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor
--->  Passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, NINETEEN THOUSAND SEVEN HUNDRED TWENTY ONE AND 19/100 Dollars ($19,721.19) as follows:
FROM:
12101-51104 LIEUTENANT $5,436.51
12101-51105 SERGEANT 6,723.80
12101-51107 PATROLMEN 7,560.88
TOTAL: $19,721.19
TO:
12101-51180 INJURED ON DUTY $19,721.19
TOTAL: $19,721.19

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor

--->  Passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2022, TWO THOUSAND THREE HUNDRED THIRTY AND 34/100 Dollars ($2,330.34) as follows:
FROM:
12201-51105 FIREFIGHTERS $2,330.34
TOTAL: $2,330.34
TO:
12201-51180 INJURED ON DUTY $2,330.34
TOTAL: $2,330.34

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor

UNDER DISCUSSION:
President McGee stated that item 22 covered 6 employees, item 23 covered 8 employees, and item 24 covered 1 employee.

Councilor McGiverin stated that the transfers were for accounting purposes for when a police officer or firefighter are being paid while being out due to being injured on duty. He noted that each is required to be reviewed, including a determination on when they can return to duty.

Councilor Vacon noted that one item in the Segreant appeared to be consistent, adding that she wondered if there was a resolution.

Councilor Jourdain expressed his intent to file orders relative to developing root cause analysis behind so many injuries. He stated that he trusted they would be getting paid, and should be, but that there should be more to assure that there are safe working places. He asked if there were efforts to create a safe working culture.

Councilor Anderson-Burgos expressed agreement with those concerns. He expressed concern that safety is waiting for fatalities. He also suggested an analysis of surrounding communities for comparison of numbers as well as methods for improving safety,

Councilor Tallman emphasized the need for more follow up to understand if the issues are more about needing to fix equipment or about employees needing to pay better attention.

Councilor I. Rivera emphasized the benefit of momentum in addressing these concerns.

Councilor Jourdain stated that he would seek suggested from several councilors on wording of orders to improve these issues.
--->  Passed two readings and Adopted on a call of the roll of the yeas and nays--Yeas  12--Nays  0--Absent  1 (Puello).

MCGEE -- that the City Council review Section 5.3, Special Permit to Exceed Height Limitation, in order to allow increased building height for all uses and additional zoning districts. Ensuring the allowable height may be increased by Planning Board Special Permit and in conjunction with those projects meeting the applicability of Section 10.1.2, Major Site Plan Review.
--->  Received and referred to the Ordinance Committee.

MCGIVERIN -- that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "WINTER RECOVERY ASSISTANCE PROGRAM (WRAP), $445,008, 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.

To the City Council:

I hereby recommend the passage of the above order at the meeting of your Council to be held Tuesday, June 21, 2022.

 

Joshua A Garcia,  Mayor
--->  Received and referred to the Finance Committee.

MURPHY-ROMBOLETTI -- Ordered, that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 267 Elm Street (Assessors Map 004, Block 03, Parcel 004) as surplus property available for disposition. The property was acquired via a tax lien foreclosure in 2017.  It is approximately 5,662 square feet in size, zoned Downtown Residential and has an assessed value of $34,500.
--->  Received and referred to the Development and Governmental Relations Committee.

VACON -- that our City Engineer recommend traffic calming measures for Whiting Farms Rd.  Constituents are reporting drivers operating their vehicles in an unsafe manner.
--->  Received and Adopted. Referred to the Engineer, HPD.  Copy to Public Safety

VACON -- that the city engineer evaluate the area of Cherry & Dale Streets for speed calming measures and the PD enforce speed limits. Pedestrians and drivers are reporting drivers traveling at high speeds failing to stop for the crosswalk and causing dangerous situations for drivers entering Cherry Street from Dale St. and driveways on Cherry St.
--->  Received and Adopted. Referred to the Engineer, HPD.  Copy to Public Safety.

VACON -- that the radar speed feedback sign be placed on Cherry Street near the curve (Beaudoin Village side of road) when approaching the intersection at Dale.  Pedestrians have reported nearly being hit by drivers while in the crosswalk.

Councilor Vacon made a motion to amend the order to remove “(Beaudoin Village side of road).” Councilor Tallman seconded the motion. Motion adopted. She stated the Police Department could determine the best place to locate the machine.
--->  Received and Adopted. Referred to the HPD.  Copy to Public Safety.

VACON -- that the lines on Rt 202 on the closed right hand lane going toward Westfield be painted ASAP.  Two lanes are being used as travel lanes creating a safety hazard.
--->  Received and Adopted. Referred to the DPW.  Copy to Public Safety.

VACON -- that crosswalk be painted on County Rd near #90.  It has not been painted for a number of years.  Constituent request.
--->  Received and Adopted. Referred to the DPW.

VACON -- Order, that traffic enforcement be increased due to the increasing number of accidents and reported failure of drivers to obey traffic laws such as exceeding speed limits, failure to stop for stop signs, lights, people in crosswalks, failure to signal, yield etc.  A quarterly summary report of tickets issued is requested.

Councilor Jourdain made a motion to amend the order to request that the Police Department do a cost analysis of adding a new full time traffic enforcement officer. He stated that traffic enforcement was a perennial concern he hears about from constituents throughout the city.

Councilor McGiverin recalled that there used to be a traffic bureau that handled traffic issues 24/7. He then stated that they stopped doing it because they could not afford it, but he believed that the city could not afford not to do it.

Councilor I. Rivera stated that there was already funding in the police budget for additional officers, noting that they have the funds for 92 officers but it had been a long time since they had that many hired.

Councilor Vacon stated that it was a matter of better resource allocation.

Councilor Jourdain stated that this was a good point in that Councilor I. Rivera was making the case that there were already funds for 9 additional officers.
--->  Received and Adopted. Referred to the HPD

ANDERSON-BURGOS -- That the DPW install a raised crosswalk at the intersection of Linden St and West Franklin St. Vehicles coming down Linden St are not coming to a complete stop.
--->  Received and referred to the Public Safety Committee. Copy to DPW.

ANDERSON-BURGOS -- That HPD come to a Public Safety Committee meeting to discuss patrolling of West Franklin St. There is a significant amount of speeding, accidents and trucks cutting through.
--->  Received and referred to the Public Safety Committee  Copy to HPD

ANDERSON-BURGOS -- That HPD patrol Florence Ave. The residents feel unsafe with all the vehicles that have been cutting through and speeding recently.
--->  Received and Adopted. Copy to the HPD and Public Safety.

ANDERSON-BURGOS -- That the DPW seek an alternative solution for rock salt. Salt is corrosive to vehicles and roads, and can contaminate drinking water and be toxic to wildlife.
--->  Received and referred to the Public Safety Committee. Copy to DPW

ANDERSON-BURGOS -- That the HPD come to an ordinance meeting to discuss how the noise ordinance can be applied to speed bikes.
--->  Received and referred to the Ordinance Committee. Copy to HPD.

ANDERSON-BURGOS -- That the DPW replace the sidewalk between 38 and 40 Arnodale Ave. The sidewalk has become hazardous to walk on.
--->  Received and Adopted. Referred to the DPW.

GIVNER -- that the City Council review Section 6.4, Signs, in its entirety in order to make changes to the existing Ordinance to further refine and streamline the signage regulations.
--->  Received and referred to the Ordinance Committee.

JOURDAIN -- That the Fire Chief and Fire Commission please provide the following information to the City Council within 30 days:  Do any fire personnel of all ranks work second jobs that exceed 30 hours per week? If yes, how many?  How does the department manage those second full-time obligations when Ordinance 2-35 states that fire class of the public safety group are supposed to be working a 48 hour schedule?  After the report is received, please invite in the Chief and Commission to discuss if appropriate.
--->  Received and referred to the Public Safety Committee. Copy to Fire Chief, Fire Commissioners, Law Department.

 

JOURDAIN, Maldonado Velez -- That the City Council create an ordinance that creates food truck zones in the city with the goals of eliminating food deserts, managing the locations, and promoting various neighborhoods.

Councilor Maldonado Velez asked to be added to the order.
--->  Received and referred to the Ordinance Committee.

JOURDAIN -- Law dept please provide a legal opinion if a department can charge a fee for use of city facilities and property without authorization of the City Council.  Please note the adoption of ordinance 2-349 on licenses (attached) that was adopted by the City Council on 2/16/16 by overriding the Mayor’s veto but does not appear on Municode.  Law dept please specifically comment on the Parks & Rec “pool pass” program which provides pool users a license for a fee to use city pools for the Summer (greater than 30 days) and if that falls under the jurisdiction of 2-349.  If yes, then please ask them to cease and desist charging a fee until they get approval from the City Council.
--->  Received and Adopted. Referred to the Law Department.

JOURDAIN -- Acting DPW Superintendent please provide the City Council & Parking committee the following report:  for the prior 5 years (need to consider pre/post pandemic usage changes), amount of meter revenue and amount of parking garage revenue.  Please provide total usage % (used spaces divided total spaces) at both parking garages annually.  Please also provide any analysis of cost to get all meters fully operational.  Please provide the expected life cycle of the new meters if purchased.  Please also provide us the current amortization schedule for the Mayor Taupier Suffolk Street Parking Garage.

Councilor McGiverin made a motion to amend to get a list of the condition of parking meters, garage spaces, and revenue.
--->  Received and referred to the Finance Committee and Parking Commission.

JOURDAIN, VACON -- The an ordinance be created to allow for a Fire Chief contract and that this ordinance also establish a salary range for the position (Min/Mid/Max)
--->  Received and referred to the Ordinance Committee.

JOURDAIN, Tallman -- That the PVTA be requested to replace their bus shelter on South Street at the South Street shopping plaza.  Bus riders have gone some time without the prior shelter.

Councilor Tallman asked to be added to the order.

Councilor McGiverin stated that bus stops are supposed to be done by ordinance, adding that they have often snuck one in. He also noted that the spot on South Street used to be in the plaza because there is no safe spot to stop on the street without cars having to go around and cross into the other lane.

Councilor Bartley stated he spoke with Ms. Sheehan to have her come into a committee meeting.

Councilor Jourdain stated that riders deserve a shelter, especially during inclement weather.
--->  Received and Adopted. Referred to the PVTA.  Copy to Public Safety.

JOURDAIN, VACON -- The City Clerk please work with law department to double check that all ordinance/charter changes made over prior 8 years actually made it on to Municode. Municode is viewed as the source of truth and it absolutely needs to be accurate. (i.e. Charter Sec 9 still says 15 Councilors, Sec 25 Mayoral 4 year term not mentioned, Subpart B Special Acts has not been updated since 2016 is that right?, Ordinance 2-349 not included, etc.)
--->  Received and Adopted. Referred to the City Clerk.

 

JOURDAIN, Tallman -- That the Police enforce the no parking regulations along Cherry Street near Beaudoin Village.

Councilor Tallman asked to be added to the order.

He stated that he drove by there recently and noticed tickets on a couple of cars.
--->  Received and Adopted. Referred to the HPD.

 

LATE FILED ORDERS AND COMMUNICATIONS

(3:30:30)

Communication From Mayor Joshua A Garcia, Communication from Mayor Joshua A. Garcia regarding order the city repave west cherry asap - received and adopted on June 7, 2022.
--->  Received.

MALDONADO-VELEZ, JOURDAIN -- Ordered, a Resolution in Support of Eviction Sealing to Promote Housing Opportunity and Mobility (Attached).
--->  Received and referred to the Development and Governmental Relations Committee.

MALDONADO-VELEZ, ANDERSON-BURGOS -- Ordered, that we create a Food Economy Coalition (Attached). Refer to Ordinance and request that it is taken up at a meeting ASAP as the order is attached to potential grant funding.
--->  Received and referred to the Ordinance Committee.

MALDONADO-VELEZ -- Ordered, that the city engineer study the intersection of Hamilton Street and Main Street in the hopes of adding safety measures. Some problems at this intersection have been "very dangerous to cross the street even with the marked crosswalk" and "dangerous when taking a left turn from Hamilton onto Main Street". Any recommendations to how we can improve the safety at this intersection would be great!
--->  Received and referred to the Public Safety Committee. Copied to Engineer.

MCGEE -- Ordered, That the City Council ask the HR Dept to post the position of Treasurer.

President McGee stated there should have been a communication.

Councilor Jourdain stated he had not heard anything about it.

President McGee stated the treasurer would be resigning as of July 14th. He stated that the Council would appoint someone until a special election can be held.

Motion was made and seconded to suspend the necessary rules to take final action.
--->  Received and Adopted. Referred to the Personnel Department

MCGEE -- That the City/DPW/Public Safety Committee review and determine how to close Wyckoff Ave from Northampton Street, similar to that on 202.
--->  Received and referred to the Public Safety Committee. Copy to Public Safety, DPW, Engineer.

 

RIVERA_I - Ordered, that the honorable City Council award a proclamation to the Holyoke Youth Girls Softball team for their division championship.

Motion was made and seconded to suspend the necessary rules to take final action.
--->  Received and Adopted.

 

Adjourned at 10:41 PM

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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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