Ordinance Committee Meeting June 5, 2024

Posted June 3, 2024, 1:31 PM

vídeo en español

City Council
Holyoke Massachusetts
Pursuant to the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18-25,
and Chapter 2 of the Acts of 2023,
notice is hereby given of a meeting of the committee on
Ordinance

Wednesday, June 5, 2024
6:30 PM

Meeting to take place at
Holyoke City Hall, 536 Dwight St
and can be accessed remotely on Zoom Meetings
Per order of the Ordinance Chair: Israel Rivera
Remote access via www.zoom.us https://us02web.zoom.us/j/89350230189?pwd=ODZjaW0yQkNwcDJkZ3ByR2RROEk0QT09
Meeting ID 893 5023 0189 Meeting Passcode: 643068 or by call in at 1 (646) 558-8656 with the 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

Item 1: PUBLIC HEARING 6-4-24 Special Permit Application of Blue Fox Brands Inc. for an adult- use cannabis manufacturing (non-chemical extraction) establishment at 1 Cabot St (048-01-010)

Item 2: 8-1-23 GIVNER — With community support, order that the City of Holyoke establish, in the Schedule A, a Homeless and Housing Liaison position.

Item 3: 3-7-23 MCGEE — Ordered, that the Zoning Ordinance, Section 7.8 WIRELESS TELECOMMUNICATION FACILITIES AND ANTENNAS, be amended to include Small Wireless Facilities.
*Public hearings held 4-25-23, 5-23-23, 8-22-23, 11-28-23, 1-23-24.
Tabled 1-23-24, 3-13-24, 3-27-24, 4-10-24, 4-24-24, 5-8-24

Item 4: 6-4-24 From Attorney Jane Mantolesky, letter regarding small wireless facilities ordinance.

Item 5: 4-2-24 GIVNER — With community support, order that $15 pothole claims fee be reduced to $0 to reflect practices of neighboring cities and towns. Charging a fee to residents for a service paid for by taxes seems redundant. Introduced by ordinance in 2018, this nominal fee generates +I- $400 annually.
*Tabled 5-8-24

Item 6: 12-5-23 I. RIVERA — Order that the city council review noise ordinance and require a decibel meter reading before a ticket can be submitted or for music to be asked to be turned down. It is my understanding that the department has the necessary devices to measure readings and we want to be sure that they are being utilized in case citations are challenged in court.
*Tabled 5-8-24

Item 7: 2-21-23 JOURDAIN — Ordered, that the Ordinance relative to the payment of city lifeguards be revised so as to make sure we are being competitive to other communities in the highly competitive employment of Summer lifeguards. Moreover, that the Aquatics Director and/or other reps from the Recreation dept be invited to the Ordinance Committee to help us review and change as appropriate.
*Tabled 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 8: 4-18-23 MCGEE — Ordered, that the position of Chief Administrative and Financial Officer be created and added to Schedule A
*Tabled 2-7-24, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 9: 5-21-24 J. Rivera — Order for the removal of the handicap parking sign currently installed at 36 Northeast Street. The tenant, Lori Bresnahan, has relocated to Easthampton, making the presence of the handicap sign unnecessary at the specified location.

LAID ON THE TABLE:
Discussion may not may not take place

Item 10: 3-21-23 MCGEE — Ordered, that an ordinance be established to address the 2/3 majority vote of the body for votes. Legal please provide the language necessary for review.
*Referred back 5-7-24

Item 11: 8-1-23 ANDERSON-BURGOS — Ordered, that when the use a building is changing requiring permits from city departments but not City Council approval, a communication be sent to the City Council informing of the change. This can help councilors keep constituents informed so that concerns can be addressed.
*Tabled 5-8-24

Item 12: 4-16-24 GIVNER — Ordered the DPW install a handicap sign at 199 Beech St for Pablo Gonzalez. Handicap Placard PL2280794.
*Tabled 5-8-24

Item 13: 3-6-24 MAGRATH-SMITH — That Section 8.1.9 be amended to include the following language after the last sentence: Requirement to submit new technical data
If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.)  Notification shall be submitted to:
• NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
• NFIP Program Specialist
Federal Emergency Management Agency, Region I
*Public hearing closed 4-24-24. Pending Planning Board recommendation.

Item 14: 12-19-23 MALDONADO VELEZ — Zoning ordinance change proposal to allow cannabis businesses beyond the IG zone and allow priority for social equity applicants and those negatively impacted by war on drugs.
*Public hearing closed 4-24-24. Pending Planning Board recommendation.

Item 15: 3-7-23 MCGEE — Ordered, that the Zoning Ordinance be amended to add a section for Short Term Rentals, in addition to amending Section 2 DEFINITIONS, and any other sections that may apply to this use.
*Public hearings held 4-25-23, 5-23-23, 8-22-23, 10-24-23, 1-23-24.
Tabled 1-23-24, 3-13-24, 3-27-24, 4-10-24, 4-24-24. Pending Planning Board recommendation.

Item 16: 3-7-23 MCGEE — Ordered, that the Zoning Ordinance be amended to add a Section for Tiny Houses, in addition to amending Section 2 DEFINITIONS, and any other Sections that may apply to this use.
*Public hearings held 4-25-23, 9-26-23, 11-28-23, 1-23-24.
Tabled 1-23-24, 3-13-24, 3-27-24, 4-10-24, 4-24-24. Pending Planning Board recommendation.

Item 17: 10-17-23 MCGEE — Ordered, That the DPW Commission return to reviewing and setting the Sewer Rate.
*Tabled 2-7-24, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 18: 4-5-22 VACON, JOURDAIN, PUELLO — Ordered, That a Legal opinion be issued to clarify allowed uses of marijuana impact fee money. For example,
if odor from a facility is a problem in the community can the money be used for mitigation?
*Tabled 11-29-22, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 19: 2-20-24 SULLIVAN — Ordered, That the Vacant Building fee be adjusted to take into account the size (SF) of the building. Currently, a flat fee is assessed which is not reflective of the burden to the city and its taxpayers.
*Tabled 4-10-24, 4-24-24

Item 20: 1-22-24 (Referred back 4-2-24) DEVINE, GIVNER, J. RIVERA — Ordered, to add the position of City Engineer to the Ordinance under Schedule A, Grade 13.
*Tabled 4-24-24

Item 21: 8-1-23 (Referred back 4-2-24) JOURDAIN — Ordered, that the City Council review and adopt the Mayor’s proposal for the city’s financial policies by ordinance.”
*Tabled 4-24-24

Item 22: 10-4-22 MURPHY-ROMBOLETTI — Ordered that the City examine and study the Schedule A increases that were recommended by the salary study completed in 2014, so that we can implement salary adjustments that are competitive and more aligned with neighboring municipalities in order to retract and retain City employees.
*Tabled 4-25-23, 2-7-24, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 23: 5-2-23 MURPHY-ROMBOLETTI — Ordered, That schedules B and C of ordinance 2-35 be updated as appropriate with competitive salaries to attract and retain employees.
*Tabled 3-27-24, 4-10-24, 4-24-24

Item 24: 12-19-23 MALDONADO VELEZ — Ordered, Order that the city creates a Housing Committee tasked with creating policy suggestions and implementation of office of tenant protections, office of returning citizens and homelessness liaison. Roles and committee to be created by Ordinance while bylaws to be created by the committee.
The committee should included at least one of the following – 1 tenant in market rate housing, 1 tenant with section 8 voucher holder, 1 tenant with MRVP or continuum of care, 1 tenant of HHA, 1 tenant representative of local organization working on housing issues, 1 home owner, 1 landlord.
*Tabled 2-7-24, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 25: 3-21-23 JOURDAIN — Ordered, The City of Holyoke develop a personnel policy for the handling of administrative leave and codifying the rules into Ordinance as recommended by the Personnel Dept including but not limited to when employees should or should not be placed on paid leave or unpaid leave. The current process appears lacking objective standards. Taxpayers should also be protected to ensure people who should not be out on paid administrative leave are placed on unpaid administrative leave.
*Tabled 5-23-23, 6-27-23, 9-12-23, 10-24-23, 12-12-23, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 26: 2-21-23 PUELLO — in accordance with the city charter, create ordinance language that confirms, no sitting city councilor shall become a member of any board or commission in city government during the term of office. To Ordinance Committee
*Tabled 11-28-23, 12-12-32, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 27: 11-21-23 PUELLO — That we consider crafting an ordinance stipulating requirements for expenditure of funds of the police special events line and requirements. Example: committee organized event, private businesses participating, alcohol served, who is profiting etc.
*Tabled 11-28-23, 12-12-23, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 28: 6-6-23 PUELLO — Ordered, That speed humps be placed on South Summer St. Petition attached.
*Tabled 6-27-23, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 29: 3-21-23 PUELLO — That the following entry be added to the City Ordinances Sec. 86-325. – Schedule IV: Stop streets, this will be directed to the Ordinance Committee to be heard.
Street Stopped/ Vernon St
Direction of Travel/ Southerly
Intersection/ Main St
*Tabled 4-25-23, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 30: 4-6-21 Petition for Speed hump at Argyle Ave.
*Tabled 6-21-21, 2-28-23, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 31: 10-4-22 GIVNER, ANDERSON-BURGOS, PUELLO — Ordered, Collaborative order to create “don’t block the box” painting and signage to accommodate traffic flow on Beech St at CVS entrance/exit.
*Tabled 2-28-23, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 32: 11-15-22 From Mayor Joshua A. Garcia, letter of Veto regarding order on reporting damages:
The Committee on Ordinance to whom was referred an order That an ordinance be created that requires a department head to report (with an incident report explaining the cause) of any loss in their department over $250 in value to the City Council and Mayor within 30 days Recommended that the order be adopted, as amended for losses over $500.
*Tabled 11-29-22, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 33: 1-18-22 MALDONADO VELEZ — Order that we look into creating an ordinance around trash pick up that is similar to when it snows, where residents, business owners, and the city are responsible for the trash on their property.
*Tabled 5-11-22, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 34: 5-18-21 VACON, BARTLEY, MCGIVERIN, LISI — Ordered, that the setting of the sewer rate be returned from the City Council to the DPW Commission where it had been previously determined.
*Tabled 6-29-21, 1-25-22, 6-7-23, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 35: 4-6-21 MURPHY, LISI — Ordered that the city council consider adopting a wage theft ordinance for all contractors doing projects for the city or receiving special tax incentives by the city similar to Easthampton and Springfield with the following purposes: prevent misclassification of employees as independent contractors; assure that employers are paying all payroll taxes and workers compensation premiums; comply with state laws governing the payment of prevailing wages; assure that contractors provide opportunities for Holyoke residents, veterans, people of color and women.
*Tabled 5-25-21, 6-22-21, 9-28-21, 11-9-21, 11-23-21, 3-13-24, 3-27-24, 4-10-24, 4-24-24

Item 36: 5-16-23 (referred back 2-6-24) MURPHY-ROMBOLETTI — Ordered, that the City Council amend Ordinance 2-336(a) and (b) to reflect a streamlined process for disposition of tax title properties and other properties not needed by the City for municipal purposes and to add a new section for the creation of an Abutter Lots Sale Program.
*Tabled 3-13-24, 3-27-24, 4-10-24, 4-24-24

Administrative Assistant: Jeffery Anderson-Burgos
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 may also be brought up for discussion to the extent permitted by law. Also one or two items may require the committee to enter into executive session at this meeting. Agenda subject to change up to two business days (48 hours) prior to posted meeting time.