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Holyoke City Council Meeting

Sep 15 2020

7:00 pm Remote by Zoom

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AGENDA FOR THE CITY COUNCIL
September 15,2020

LAID ON THE TABLE

1. That the Committee on Development and Government Relations to whom was referred a communication from the Office of the Attorney General, Open Meeting Law Complaint. In City Council August 4, 2020.

PUBLIC COMMENT

COMMUNICATIONS

2. From Mayor Alex B. Morse letter reappointing the following individuals as commissioners of the Council on Aging for the City of Holyoke:
Susan Aiken, Sean Gonsalves, Julita Rojas, Kyong Cruz, Nicole Perrier, Priscilla Garcia, Dian McCollum, Cappie Glica, Barbara J. Grady, Len Brouillette, Margaret Lemire and Wayne Klinge, they will serve a one year term; said term will expire on August 2021.

3. From Mayor Alex B. Morse letter re-appointing Tessa Murphy-Romboletti, 179 High St. Apt 2A, Holyoke, MA to serve as a member of the Holyoke Economic Development and Industrial Corporation (HEDIC): This seat on the Board of Directors represents the At-Large Sector. This is a three-year term which will expire on June 30, 2023.

4. Settlement Agreement by and between the City of Holyoke and the UFCW, Local 1459, DPW Unit,

5. From James Fitzgerald, 439 Northampton St. Open meeting Law Complaint Form alleged violation August 4, 2020.

6. From Scott DeFelice, 60 Cleveland St. Holyoke, email with concerns to Holyoke Board of Health Director and City Councilors re: concerning lack of high risk planning in or city regarding COVID-19.

7. From Sean Gonsalves, Director Board of Health, Re; West nile virus Mosquito in Holyoke.

8. From L. Levesque Associates Inc. letter re: Request for Withdrawal - Preliminary Subdivision Application Northampton St. Parcel ID #: 223-00-001, 223-00-005, 223-00-008.

9. From R Levesque Associates, Inc. letter re: 500 Easthampton Rd. Parcel #213-00-003 request for Special permit reinstatement and extension. (Drive Thru Facility)

10. From Board of Fire Commission minutes of June 18 and July 30, 2020.

11. From Parks and Recreation Commission Meeting minutes from June 16, 2020

PETITIONS

12. Petition of Diego Munoz Torres for a new second hand license for 241 Main St.

13. Petition of Gladysh Capital LLC,for a special permit for a driveway in Front yard (6.1.8.1) at 921 Dwight St..

PRESIDENT'S REPORT

REPORTS OF COMMITTEES

14. Ordinance Committee Reports (if any)

14A. The Committee on Ordinance to whom was referred a Special Permit application of Buudda Brothers LLC for a Marijuana Manufacturing Establishment (MME) at 602-606 Main St. (Map:026 Block:02 Parcel:007) Holyoke MA
Recommend that the Special Permit be approved with the following conditions:

Special Permit application of Buudda Brothers LLC for a Marijuana Manufacturing Establishment (MME) at 602-606 Main St. (Map:026 Block:02 Parcel:007) Holyoke MA

1. That the owner of the building always pay commercial property tax rate to the extent allowed by Federal, State, and Local Laws for the duration of the Sp. Permit
2. That the business retain a minimum 30% Holyoke residents for of non-security jobs
3. That Hiring preference be given to security personnel that are retired Holyoke Police or are a retired member of another police department now lives in the City of Holyoke
4. There shall be no marijuana consumption to be allowed on site
5. There shall be no deliveries of retail or medical marijuana rom the site to individual homes, residences or people
6. That hours or operation be in compliance with the City Ordinances
7. That all recommendations from the Office of Planning and Economic Development and the City Engineer be complied with

14B. The Committee on Ordinance to whom was referred a Special Permit application of Exotica Farms LLC to establish a Marijuana Manufacturing Establishment (MME) at 5 Appleton St. (Map 049 Block 01 Parcel 006) Holyoke MA Recommend that the Special Permit be approved with the following conditions:
Approved with the following conditions:

1. That the owner of the building always pay commercial property tax rate to the extent allowed by Federal, State, and Local Laws for the duration of the Sp. Permit
2. That the business retain a minimum 30% Holyoke residents for of non-security jobs
3. That Hiring preference be given to security personnel that are retired Holyoke Police or are a retired member of another police department now lives in the City of Holyoke
4. There shall be no marijuana consumption to be allowed on site
5. There shall be no deliveries of retail or medical marijuana rom the site to individual homes, residences or people
6. That hours or operation be 8am to 8pm Monday through Saturday and 8am to 5pm on Sunday.
7. the condition of the foundation is satisfactory to the Building Commissioner

14C. The Committee on Ordinance to whom was referred an order that a No Parking sign be added on Cherry Street between the Dale Street intersection and the next No Parking sign as you travel toward the Maple Crest Apartments: Recommend that the City Council adopt the recommendation of the City Engineer

14D. The Committee on Ordinance to whom was referred an order That in order to assure efficient truck docking, no parking be allowed on the west side of Beaulieu Street at the intersection with Stebbins St. from the northwesterly corner to a point 30 feet farther north Recommend that the City Council adopt the recommendations of the City Engineer

14E. The Committee on Ordinance to whom was referred an order That the City Engineer provide a recommendation to the Ordinance Committee for a minimum buffer from which vehicles can park near city crosswalks. (This issue came up during an Ordinance meeting regarding the Elmwood Towers crosswalk and the City Engineer advised there is no city ordinance on point.) Recommend that the City Council adopt the recommendation of the City Engineer: apply the recommended minimum 20-foot separation distance at all midblock crosswalks and phase in application of a minimum separation distance at intersections Change paragraph (2) from “Upon any crosswalk” to “Upon any crosswalk or within 10 feet of any crosswalks at existing intersections or 20 feet of any crosswalk at mid-block crossings or new or reconstructed intersections”

14F. The Committee on Ordinance to whom was referred an order that the DPW install raised crosswalks on Pleasant St. at the following locations: Harvard St., Radcliffe St., and Montgomery St.
: Recommend that the order has been complied with

15. Finance Committee Reports (if any)

15A. 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 "CANAL SYSTEMS INDUSTRIAL AREA" grant. And authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the order be adopted

15B. 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 "PVPC/CRCC" grant. and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the order be adopted

15C. The Committee on Finance to whom was referred an order Ordered that any transfers from personnel budget lines to overtime (51300-51399) require approval by the City Council: Recommend that the order be referred to the Ordinance Committee.

15D. The Committee on Finance to whom was referred an order that the City Tax Collector and Assessor come before the Finance Committee to discuss the Excise tax with regard to companies like United Tractor Trailer, Amazon, etc.
Recommend that the order has been complied with

15E. The Committee on Finance to whom was referred an order that the Finance Committee invite in the Parks and Rec. Director Terry Sheppard and Ms. Ferriter to discuss Community Field developments: Recommend that the order has been complied with
Recommend that the order has been complied with

16. Public Safety Committee Reports (if any)

17. Public Service Committee Reports (if any)

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

18A. The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 107 Clemente Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 028, Block 03, Parcel 002, consisting of a vacant lot approximately 6,534 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 8162, Page 162. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on July 2, 2013 in Hampden County Registry of Deeds Book 19903, Page 535. The property is zoned Downtown Residential (DR) and has an assessed value of $32,600. Recommend the order be adopted

18B. The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 415 Main Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 028, Block 07, Parcel 004, consisting of a vacant mixed use style building on an approximate 2,744 square foot lot. The property is more particularly described at the Hampden County Registry of Deeds in Book 16242, Page 457. The property was awarded to the City via   Land Court Decree with a Final Judgment recorded on March 3, 2020 in Hampden County Registry of Deeds Book 23111, Page 441. The property is zoned Highway Business (BH) and has an assessed value of $122,300.  Recommend the order be adopted

18C. The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 417 Main Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 028, Block 07, Parcel 005, consisting of a vacant lot approximately 2,744 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 16242, Page 457. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on March 3, 2020 in Hampden County Registry of Deeds Book 23111, Page 441. The property is zoned Highway Business (BH) and has an assessed value of $13,100. Recommend the order be adopted

18D. The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council declare 525 Pleasant Street as surplus property available for disposition. Said parcel is identified by the Holyoke Board of Assessors records as Map 091, Block 00, Parcel 073, consisting of a vacant lot approximately 7,841 square feet in size. The property is more particularly described at the Hampden County Registry of Deeds in Book 2273, Page 304. The property was awarded to the City via a Land Court Decree with a Final Judgment recorded on March 3, 2020 in Hampden County Registry of Deeds Book 23111, Page 440. The property is zoned Multi-Family Residence (RM-20) and has an assessed value of $36,400. Recommend the order be adopted

18E. The Committee on Development and Governmental Relations to whom was referred an order that the City begins to find ways to address the appearance of High St. with the blighted buildings, and other open space abandonment, this has been a constituents request. Recommend the order has been complied with

18F. The Committee on Development and Governmental Relations to whom was referred an order that the Director of Planning and Economic Development meet with the DG&R Committee to discuss the future of the Armory Building sight. Does the City have any reputable offers for the property which can be implemented in the next couple of years? If not, would the demolition of the remaining structure create an opportunity to construct several new homes at that intersection?  Recommend the order has been complied with

19. Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

21. MCGEE -- that the DPW remove the tree in front of 111 Dartmouth and repair the raised sidewalk.

22. MCGEE -- that the DPW remove the tree in front of 58 Magnolia, it is a safety hazard.

23. MCGEE -- that the DG&R committee invite in David Skoczulek, Vice President of Business Development, to discuss Mount Saint Vincent - iCare Health Network.

24. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, NINETEEN THOUSAND FIVE HUNDRED EIGHTEEN AND 95/100 Dollars ($19,518.95) as follows:

FROM:
12201-51105 FIREFIGHTER $19,518.95
TOTAL: $19,518.95
TO:
12201-51180 INJURED ON DUTY $19,518.95
TOTAL: $19,518.95

25. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, THIRTY SEVEN THREE HUNDRED FOUR AND 99/100 Dollars ($37,304.99) as follows:

FROM:
12101-51105 SERGEANTS $19,775.87
12101-51107 PATROLMEN 17,529.12
TOTAL: $37,304.99
TO:
12101-51180 INJURED ON DUTY $37,304.99
TOTAL: $37,304.99

26. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, EIGHT THOUSAND FIVE HUNDRED AND 00/100 Dollars ($8,500.00) as follows:

FROM:
11451-51102 ASSISTANT TREASURER $8,500.00
TOTAL: $8,500.00
TO:
11452-53010 PROFESSIONAL SERVICES $8,500.00
TOTAL: $8,500.00

27. MCGIVERIN -- that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "FY21 & FY22 MUNICIPAL VULNERABILITY PREPAREDNESS ACTION (MVP ACTION)" grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

28. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, TWELVE THOUSAND FIVE HUNDRED FOURTEEN AND 00/100 Dollars ($12,514.00) as follows:

FROM:
14301-51102 REFUSE HMEO $8,365.00
14301-51106 REFUSE/RECYCLING COORDINATOR 2,198.00
14801-51101 PARKING CONTROL OFFICER 1,951.00
TOTAL: $12,514.00
TO:
14221-51103 BUILDING MAINT MAN $598.00
14221-51104 BUILDING LABORER 123.00
14221-51300 BUILDING OVERTIME 100.00
14221-51400 BUILDING LONGEVITY 100.00
14251-51104 HIGHWAY HMEO 6,635.00
14251-51105 HIGHWAY LODR 1,549.00
14251-51106 HIGHWAY DEMO WORKER 709.00
14251-51300 HIGHWAY OVERTIME 250.00
14251-51301 HIGHWAY SNOW OVERTIME 1,750.00
14251-51400 HIGHWAY LONGEVITY 700.00
TOTAL: $12,514.00

29. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, TWENTY ONE THOUSAND TWO HUNDRED EIGHT TWO AND 00/100 Dollars ($21,282.00) as follows:

FROM:
14801-51101 PARKING CONTROL OFFICER $14,001.00
16501-51109 PARKS MAINT. MAN 7,281.00
TOTAL: $21,282.00
TO:
14261-51102 AUTO MOTOR EQUIP. REPAIRMAN $1,323.00
14261-51103 AUTO MOTOR EQUIP. MAINT. MAN 638.00
14261-51105 AUTO EVT MECHANIC 883.00
14261-51106 AUTO POLICE FLEET MECHANIC 414.00
14261-51300 AUTO OVERTIME 175.00
14261-51400 LONGEVITY 200.00
14301-51102 REFUSE HMEO 4,949.00
14301-51104 REFUSE HMEO RECYCLER 11,515.00
14301-51300 REFUSE OVERTIME 585.00
14301-51400 REFUSE LONGEVITY 600.00
TOTAL: $21,282.00

30. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, FIVE THOUSAND TWENTY SEVEN AND 00/100 Dollars ($5,027.00) as follows:

FROM:
16501-51109 PARKS MAINT. MAN $5,027.00
TOTAL: $5,027.00
TO:
14801-51101 PARKING CONTROL OFFICER $622.00
14801-51400 PARKING LONGEVITY 100.00
16501-51106 PARK HMEO 1,273.00
16501-51109 PARKS MAINT. MAN 1,805.00
16501-51110 PARKS. MAINT. CRAFTSMAN 597.00
16501-51300 PARKS OVERTIME 230.00
16501-51400 PARKS LONGEVITY 400.00
TOTAL: $5,027.00

31. MCGIVERIN -- that there be and is hereby appropriated by transfer in the fiscal year 2021, TEN THOUSAND DOLLARS AND 00/100 Dollars ($10,000.00) as follows:

FROM:
14301-51102 REFUSE HMEO $10,000.00
TOTAL: $10,000.00
TO:
14301-51240 TEMPORARY/SEASONAL $10,000.00
TOTAL: $10,000.00

32. MURPHY -- Ordered that the city council authorize the mayor
MCGIVERIN to change the job title of the tax collector to tax
TALLMAN collector/Covid 19 Emergency Finance Director, and
offer a salary of $80,000 for the combined position
while the emergency continues.  Prior to doing this,
please confirm that FEMA can provide full reimbursement
for the additional salary.  The title would revert
back to tax collector when the Covid 19 Emergency
is done!

33. MURPHY -- Ordered, "To prohibit parking on the easterly side of Main Street from HG&E pole #95 to a point 60 feet farther north"

Location
Main St.
Side
Easterly
From
HG&E pole # 95
to
Point 60 feet farther north
type
No parking between signs

34. MURPHY -- that the speed radar machine be placed on Ingleside Street between St Vincent St to and from the intersection with Main St on Rte 5  There are concerns of speeds accelerating well beyond the speed limit.  Please report findings to city council by October 15th.

35. MURPHY -- that the public safety committee solicit councilor input for streets on which raised sidewalks might have a significant impact on reducing speeding and improving traffic safety.  The goal would be to put a list together of city streets which need safety improvements, and then seek funding to make those improvements.  One request would include the curved roadway on West Franklin Street, as well as other request already made, including Main Street and Pleasant Street.

36. MURPHY -- that the human resource director provide a report to the city council on the number of employees with more than three years experience  who have left employment with the DPW during the past five years, other than those who have retired.  The report should include whether any of these former employees had filed any complaints, and if so, what kind of complaint.  Also, please provide a listing of any positions filled in an emergency basis, and whether that position ever was advertised afterward, and if so, was the emergency appointment the final hire?  Lastly, please provide a current listing of open positions within the department, with a planned date for filling the position.

37. MURPHY -- that the DPW provide a listing of the 30 most dangerous trees needing trim or removal within the city.  Assuming that the city would need to hire an outside contractor to do much of the work, please provide an estimate of the potential cost and time frame for removing or pruning them this fall. Please submit report to city council for the Oct 6 meeting.

38. MURPHY -- that the DPW remove the ZipCar signage at Dwight and Maple Streets since without the repeal of the current ordinance, those spots legally should be meter based parking.

39. MURPHY -- that the director of the health department, a representative from the police department, the director of veterans services, and other interested parties appear before the public safety committee to discuss the problems associated with tented camps throughout the city.  Evidence points to health hazards including significant needles around these sites, and well as trash and other materials.  What can the city legally do to clear these camps?  Have we found any effective ways to provide options to encourage those in need to various service options such as housing, drug addiction services, and veterans services?

40. MURPHY -- that the city engineer work with the city solicitor to see if there are any deed restrictions preventing the city from putting sidewalk curbs at 452 Main St, and allowing additional parking in front of the building.  Please report findings to city council by October 6th.  There is a need for more business friendly parking on the street.

41. MURPHY -- that the zoning on the west side of Main Street from the northerly side of Sargeant Street to the southerly side of Hamilton Street be changed from BH (business highway) to BC (central business)

42. MURPHY -- that the city council request the personnel director
SULLIVAN open and post the position of Deputy Director of Emergency
VACON Finance funded via the CARES Act.  Although the job
posting was to be made public from May 27-June 3,
it was never posted.  A person applying for another
CARES Act job was instead given the position without
advertising it. Reasons for this hire without posting
were it was a temporary status, there was an immediate
need to hire, and that we had a qualified candidate.
Those reasons, when compared with the facts, do not
justify the city not posting the position.  The idea
that there was an immediate need seems false since,
had it been posted, the hiring when it did occur would
have been still 8 weeks later.  The second point that
they had found a qualified candidate, so therefore
no need to post, again is betrayed by the facts. The
qualified candidate found only came about because
of the posting for the Director of Operations and
Logistics, which should have been posted at the same
time.
To create a fairer and more transparent
process, avoid the appearance of political influence,
and to allow other applicants including maybe someone
from Holyoke to apply, the position should be posted,
and applications welcomed.

43. MURPHY -- that a handicap sign be placed in front of 7 Vernon St. for Matilde DeJesus placard #P69513994.

44. SULLIVAN -- That the City Council adopt a resolution on Zero tolerance
VACON policy against sexual harassment and abuse of power.

Whereas,
the City of Holyoke and the Holyoke City Council has
a zero tolerance policy against sexual harassment
and abuse of power;
Whereas, City Councilors and
city employees; including, the Mayor, individually
agree to follow the sexual harassment policy of the
City of Holyoke and the state laws of Massachusetts;
Whereas,
the Mayor has acknowledged publicly that he had sexual
relations with students while he was a member of the
faculty at U-Mass Amherst. In response to the serious
allegations of students and his response, Mayor Morse
has been removed from the UMass employee roster and
will not be invited back to work as a Lecturer; moreover,
UMass has retained outside counsel to do an independent
investigation and thorough examination of the facts
surrounding these serious allegations;
Whereas,
the Mayor of Holyoke, is the top elected official
of the city, is in his elected capacity as Mayor in
all settings at all times and represents the city
in all that he or she does. His actions, given that
his admitted behavior and apparent abuse of power
is alleged to have occurred with students of a school
at which he was teaching, the Mayor, who also serves
as Chairman of the Holyoke School Committee, has brought
into question his effectiveness to additionally serve
in that role and be a leader of our school system.
Now
therefore be it resolved that, we, the City Council,
seek the results of the outside independent investigation
being conducted by UMass to determine if further investigation
is warranted to determine if the Mayor acted in violation
of the city's zero tolerance policy towards sexual
harassment and abuse of power towards students, employees,
contractors or such related parties of the City of
Holyoke. In the event that further investigation
is found to be warranted, the Mayor and City Council
shall fully cooperate in any investigation.

45. SULLIVAN -- The City of Holyoke, through its Honorable City Council
BARTLEY and Honorable Mayor hereby petition the Massachusetts
GREANEY, JR. General Court to enact Legislation to establish a
VACON process for recalling elected officials in the City
of Holyoke, and that said Legislation be entitled:

AN
ACT PROVIDING FOR THE RECALL OF ELECTED OFFICIALS
IN THE CITY OF HOLYOKE

and that said act read as
follows:

Section 1. any person who holds an elected
city office, whose term is four years with more than
twelve months remaining of the term of office, may
be recalled from the office, by the voters, in the
manner provided in this section.

Recall of Elected
Officials

(a)
Recall Petitions. two hundred fifty
or more voters may file with the city clerk an affidavit
containing the name of the officer whose recall is
sought and a statement of the grounds upon which the
petition is based not less than twelve months prior
to the expiration of the term of office. The names
on the affidavit shall be from the city at large.

The
city clerk shall deliver to the said voters petition
blanks demanding said recall, printed forms of which
he shall keep available. The blanks may be completed
by writing or typewriting; they shall be addressed
to the city council; they shall contain the names
of the persons who have filed the affidavit and the
grounds for recall as stated in the affidavit; they
shall demand the election of a successor to the office;
and they shall be dated and signed by the city clerk.
A copy of the petition shall be kept on file in the
office of the city clerk in a record book maintained
for that purpose. The recall petitions shall be returned
and filed in the office of the city clerk within thirty
days following the date the petitions were issued,
signed by at least fifteen percent of the total number
of persons registered to vote at the preceding city
election.

The city clerk shall, within twenty-four
hours following such filing, submit said petitions
to the registrars of voters who shall forthwith certify
thereon the number of signatures which are names of
voters.

(b)
Recall Election. If the petition shall
be certified by the registrars of voters to be sufficient,
the city clerk shall forthwith submit the same to
the city council. Upon its receipt of the certified
petition, the city council shall forthwith give written
notice of said petition and certificate to the person
whose recall is sought. If the officer does not resign
his office within 10 days following delivery of the
notice, the city council shall order an election to
be held with the subsequently scheduled November election,
excluding the November election held during the final
year of the officers term..

(c)
Nomination of
Candidates. An officer whose recall is sought may
not be candidate to succeed himself at the recall
election. The nomination of candidates, the publication
of the warrant for the recall election, and the conduct
of the same shall all be in accordance with the provisions
of other laws relating to elections, unless otherwise
provided in this section.

(d)
Propositions on
Ballot. Ballots used at a recall election shall
state the following propositions in the order indicated:

For
the recall of (name of officer) / /

Against the
recall of (name of officer) / /

Adjacent to each
proposition, there shall be a place to vote for either
of the said propositions. After the propositions shall
appear the word "candidates" and the names of candidates
arranged alphabetically, by surname. If a majority
of the votes cast upon the question of recall is in
the affirmative, the candidate receiving the highest
number of votes shall be declared elected. If a majority
of the votes on the question is in the negative, the
ballots for candidates need not be counted, except
as provided in (c) above.

(e)
Officeholder. The
incumbent shall continue to perform the duties of
his office until the recall election. If he is not
recalled in the election he shall continue in office
for the remainder of his unexpired term, subject to
recall as before, except as provided in this section.

If
the officer is recalled in the election, he shall
be deemed removed upon the qualification of his successor
who shall hold office during the unexpired term. If
the successor fails to qualify within five days after
receiving notification of his election, the incumbent
shall thereupon be deemed removed and the office vacant.

(f)
Repeat
of Recall Petition. No recall petition shall be filed
against an officer within six months after he takes
office, or in the case of an officer subjected to
a recall election and not recalled thereby, until
after the completion of the current term.

Section
2. So much of Chapter 438 of the Acts of the Year
1896, as appearing in Chapter 189 of the Acts of the
year 1992, and any acts in amendment thereof an din
addition thereto, as are inconsistent with this act,
are hereby repealed.

Section 3. This act shall
be submitted for acceptance to the qualified voters
of the City of Holyoke by the City Clerk placing the
following question on the official ballot to be used
in the city of Holyoke at the regular municipal election
to be held in the year 2021.

"Shall the City of
Holyoke implement a recall process for any elected
official whose term exceeds two years, with more than
twelve months remaining of the term of office."

If
a majority of the votes in answer to said question
is in the affirmative, this act shall take effect
forthwith.

Section 4 the City solicitor shall
prepare a fair, concise summary and purpose of the
law to appear with the question no later than 35 days
before the election in accordance with section 58A
of Chapter 54 of the General Laws.

Section 5:
the General Court may make clerical or editorial
changes of form only to the bill, unless the Mayor
and City Council approve amendments before enactment
by the General Court. The Mayor and City Council
are hereby authorized to approve amendments which
shall be within the scope of the general public objective
of this petition.

Section 6: This act shall take
effect upon its passage.

46. VACON -- The Holyoke City Council requests the results of the
GREANEY, JR. U-Mass Amherst investigation of Mayor Alex Morse so
MURPHY that a determination can be made as to whether an
SULLIVAN investigation is warranted by the City of Holyoke.

47. VACON -- that our Engineer recommend the most effective safety measures such as; no parking here to corner signs be placed at the Vermont and Kane intersection or “no parking” be established on Vermont St. between Kane and Westfield road to enable emergency vehicles and busses turn at the intersection and to improve safety for pedestrians.  Refer to Ordinance

48. VACON -- that speed monitors be placed on Homestead Ave due to excessive speeding. This is a constituent request.

49. ANDERSON-BURGOS -- that a light pole be placed in front of 37 St Jerome Ave. The residents who reside there have been victims of vandalism including having their tires slashed, windows broken, side view mirrors smashed and their personal belongings stolen. The owners of the property have been living there for over 12 years and the crimes that occur have been increasing over years. The owner’s wife works late hours and she has noticed unusual activity coming from unfamiliar vehicles parked in front of her home. She fears pulling up to her to her own home at night.

50. BARTLEY -- City Council web page include committee assignments.  Former site included this important information but current one does not.  Refer to Mayor and/or Whalley.  Please update ASAP as this is a request from the public.

51. BARTLEY -- That the City of Holyoke install a handicap accessible sign at 126 Brown Ave. Please refer to Ordinance an the Disabilities Commission.

52. BARTLEY -- The City of Holyoke amend Zoning Ordinance section 4.3(A)(8) and 9.3 and any other ordinance or regulation so as to require a special permit prior to granting permission for residential care or rehabilitation (also known as group homes) in all residential districts in the City of Holyoke and no longer allow the use as of right; the special permit is to be issued by one of the following boards and only after a public hearing: city council or the planning board or the board of appeals. Refer to ordinance.

53. BARTLEY -- The City of Holyoke’s engineer provide a recommendation to the City Council as to whether a 4-way stop should be installed at the intersection of Hitchcock and Martin Streets. Refer to ordinance.

54. BARTLEY -- The City Council refer to DPW and the City Engineer a recommendation to mark “no trucks allowed” or some such notification at the following streets: Homestead Avenue (southbound lane near Westfield Road), Moss Ave., Memorial Dr., Edbert Dr. and Michigan Ave. Moreover City council refer this order to HPD and MSP for enforcement. Numerous calls and sightings of oversized vehicles traveling these areas prompted this Order.

55. BARTLEY -- The City of Holyoke replace the old sidewalks on Brown Avenue. In particular, the ones beyond Laurel St are in very poor condition and have become trip hazards for children and seniors in particular.  On 9/7/20, a senior tripped, fell and hurt herself and had to be aided by concerned neighbors.  Lastly, Please consider this order when applying for CDBG funds.  Refer to DPW and the Mayor.

56. BARTLEY -- City Council give a proclamation to Sheriff Nike Cocchi and the Hampden County  Community Service Officers for their years of service to the public. The officers and the inmates they supervise  annually provide thousands of hours to help the City of Holyoke

57. BARTLEY -- Ordered, that the City Council approve the Resolution for the Certified Housing Development Incentive Program Project and local Tax Increment Exemption (TIE) Agreement with Hotel Jess, LLC for the redevelopment of 319-335 Main Street, Board of Assessors Map 033, Block 04, Parcels 002, 003, and 004 (known as “Hotel Jess”). ( see attached resolution)

58. BARTLEY -- Ordered, that the City Council approve the Resolution for the Certified Project and the Tax Increment Financing (TIF) Agreement with Hotel Jess, LLC for the redevelopment at 319-335 Main Street, Board of Assessors Map 033, Block 04, Parcels 002, 003, and 004. ( see attached resolution)

59. HERNANDEZ -- Stephen Bosco, Arrow Properties,  413-536-0555, of 430 Appleton Street has reported that there is a large dead city tree in front of his property.

60. HERNANDEZ -- Unhealthy medium size looking tree on the sidewalk, in front of 253-255 Walnut need to be inspected.  Neighbors concerned with it being uprooted and causing damage.

61. HERNANDEZ -- Serious concern on the removal of trash at 50 Clinton Avenue, property managed by Wayfinders, met with landlord and learned that there is a clearance issue when the privately contracted trash removal company arrives to for trash pick up, they cannot obtain enough space to enter area as to where dumpsters are located.  Management has been fined by both City and Police Departments for attempting at mitigating situation and being penalized for it. I order a study to be conducted in an effort to find a solution to this situation.  This property houses programs that helps young adult mothers get back on their feet, this landlord/organization has been a long ally to the City of Holyoke bringing much needed social services to our residents and we need to ensure this issue is looked at and we cease all fines until then.

62. HERNANDEZ -- Requesting to have BOH present a follow up discussion on the trash issue that occurred at 182 Oak Street back in August 26, 2020 when two private landlords were in disagreement of who's trash it was, and refused to pick up, therefore causing a huge mess, nuisance to surrounding neighbors and overall population of this great City. Specifically would like to learn as to what ultimatum has been given to these property owners, fee that the City incurred for finalizing this task.

63. HERNANDEZ -- The City Council must acknowledge and disavow the embarrassing and inflammatory public statement made by Councilor Michael Sullivan, and other Councilors such as David Bartley, Linda Vacon and Howard Greaney who signed on, regarding our Still Honorable Mayor Alex Morse and the fabricated allegations of sexual misconduct against him: a) that Councilor Sullivan be censured for his inappropriate public remarks,which were an abuse of his position and which has caused an embarrassment to the City of Holyoke and this body, b)that councilor Sullivan issue an apology for his inappropriate public remarks, c)that Councilors Sullivan, Vacon, Bartley and Greaney retract their endorsement of a petition to initiate an investigation, void of any factual basis, of Mayor Morse's personal life.

64. LEBRON-MARTINEZ -- That a handicap sign be placed in front of 77 Pine St for Carlos E. Benitez, Placard #PL2560172.

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law

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