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Agenda

Item 1: Minutes of October 9, 2024 meeting
*Tabled 10-23-24

Item 2: PUBLIC HEARING 8-6-24 GREANEY -Ordered that no group homes, profit or non-profit, be allowed within the city limits of Holyoke, Ma without the approval of the Holyoke City Council.

Item 3: 6-4-24 VACON, BARTLEY — The City of Holyoke amend Zoning Ordinance section 4.3(A)(8) to require a special permit prior to granting permission for this use 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 the City Council or the Planning Board only after a public hearing.

Item 4: 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, 8-14-24, 9-11-24, 9-25-24, 10-9-24

Item 5: 2-20-24 JOURDAIN – Ordered, That the city’s Ethics Ordinance 2-69 be amended as follows:
a. That the city government shall create and maintain an Ethics and Compliance hotline for the City of Holyoke overseen by a professional, reliable, and independent hotline services provider for the purpose of eliminating waste, fraud and abuse in our city government. The program shall foster a strong “see something, say something” culture in Holyoke government.
b. The city shall take extensive efforts to spread the awareness of the hotline for use by everyone including but not limited to employees, managers, vendors, elected officials, regulators, and the general public;
c. It shall also provide various options for communicating information;
d. We shall ensure confidentiality, anonymity and protection from retaliation;
e. The ordinance and the hotline vendor itself shall establish clear-cut message handling and investigative procedures.
f. It is recommended that the Personnel Director and City Auditor shall be the city officials in charge of working with the hotline vendor to manage the hotline for all messages, incidents or complaints related to all city operations and departments except the school department. School department messages, incidents or complaints shall be managed by Superintendent of Schools or their designee.
g. The hotline vendor shall produce an annual report every January of the messages, incidents, or complaints of the prior calendar year to provide a statistical analysis by department in a way that reasonably balances confidentiality and the public’s right to know. This annual report shall be published and provided to the City Council, Mayor and published on city website for public review.|
h. The City Council may from time to time hold meetings with the hotline vendor and/or key city officials to review data and overall improve the efficiency and effectiveness of the program.
*Tabled 10-9-24

Item 6: 6-4-24 BARTLEY, OCASIO — The City determine a more efficient manner to remove Handicap/Disability signs. Perhaps a database should be maintained by the Clerk. City addresses with Handicap/Disability signs in front of a parcel’s address should maintained and made public. Further, for example, on an annual basis, each addressee with such a sign should be notified and must affirm whether or not the sign should remain. Refer to Ordinance for a follow-up.
*Tabled 8-14-24, 9-25-24, 10-9-24

Item 7: 9-4-24 MURPHY-ROMBOLETTI -Ordered -that the City create the position of a municipal hearings officer to hear appeals by offenders of the State Building Code made pursuant to MGL c. 148A, Section 2 and that a stipend be determined for said position.
*Tabled 9-25-24, 10-9-24

Item 8: 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.”
*Referred back 4-2-24, Tabled 8-14-24, 9-11-24, 9-25-24, 10-9-24

Item 9: 11-7-24 Vacon- ORDER: that consideration be made to adopt the changes available under the HERO Act for Veteran Property tax exemptions: whether to adopt Clause I or Clause J or both clauses simultaneously.

Item 10: 11-7-24 Vacon- ORDER: that we add Clauses 22, 22A, 22B, 22C, 22E, 22F, and 22H of the Hero’s Act to expand benefits for veterans.

Item 11: 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 12: 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, 10-9-24

Item 13: 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, 10-9-24

LAID ON THE TABLE
(Items taken up at previous meeting(s) and laid on the table. Discussion may or may not take place)

Item 14: 10-3-23 PUELLO — Ordered, That the no parking sign at 14 Arthur St please be removed. Per DPW must go to ordinance.
*Tabled 10-23-24

Item 15: 10-3-23 J. RIVERA — Ordered, Request the implementation of a three-way stop at the intersection of Mosher and Bowers Streets.
*Tabled 10-23-24

Item 16: 8-1-23 MCGIVERIN, J. RIVERA — Ordered, The DPW install a crosswalk for the city parking lot on N. Canal St. across from GTI.
*Tabled 8-14-24, 10-23-24

Item 17: 8-1-23 TALLMAN — Ordered, That the DPW/Engineer consider putting stop signs at Joanne/Bemis, Drake/Bemis, Mt. Tom/Bemis and West Meadowview/Bemis.
*Tabled 10-23-24

Item 18: 4-4-23 GIVNER — Ordered, Per constituent requests, that a right turning lane be designated on Hamden at the corner of Pleasant St in an effort to enhance traffic flow.
*Tabled 10-23-24

Item 19: 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, 8-14-24, 10-23-24

Item 20: 9-7-21 MURPHY — Ordered that the city council work with the mayor to establish a formalized procedure for any request to have a street closing.
*Tabled 10-23-24

Item 21: 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, 10-9-24

Item 22: 4-18-23 MCGEE — Ordered, that the position of Chief Administrative and Financial Officer be created and added to Schedule A
*Referred back 9-18-24, Tabled 9-25-24

Item 23: 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, 9-25-24

Item 24: 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, 8-14-24, 9-11-24

Item 25: 11-16-21 MCGEE — ORDERED that the City Council amend Ordinance 2-69 by striking section (g) (2) from the ordinance. That section states ” No employee of the city shall simultaneously serve on the city council during their time of employment.”
*Referred back 11-21-21, Tabled 8-14-24, 9-11-24

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, 12-12-23, 9-11-24

Item 27: 8-1-23 GIVNER — With community support, order that the City of Holyoke establish, in the Schedule A, a Homeless and Housing Liaison position.
*Tabled 6-5-24

Item 28: 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 29: 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 Pending Planning Board recommendation.

Item 30: 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 Pending Planning Board recommendation.

Item 31: 10-17-23 MCGEE — Ordered, That the DPW Commission return to reviewing and setting the Sewer Rate.
*Tabled 2-7-24

Item 32: 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.
*Referred back 4-2-24, tabled 4-24-24

Item 33: 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

Item 34: 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

Item 35: 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

Item 36: 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

Item 38: 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.
*Referred back 1-18-22

Item 39: 5-16-23 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.
*Referred back 2-6-24

ADMINISTRATIVELY LAID ON THE TABLE
(Per City Council Rule 9P, “Any order not acted on within 45 days shall be deemed tabled.” Items within this section are laid on the table by virtue of being in the committee more than 45 days. Discussion of these items is unlikely, but any item may be removed from the table upon motion of the committee.)

Item 40: 8-4-20 MCGEE — Ordered, That the ordinance committee review the draft Telecommunication ordinance changes. This is being filed on behalf of a constituent request.

Item 41: 3-2-21 From Harold and Lois Darcy, concerned citizens

Item 42: 1-18-22 GIVNER — Ordered, that That the City of Holyoke amend ordinance that provides Columbus day as a Holiday be updated to wording that reflects that Columbus Day will now be referred to as “Indigenous Peoples Day, formerly known as Columbus Day”

Item 43: 3-15-22 JOURDAIN, VACON — Ordered, that That Columbus Day holiday ordinance be changed so the holiday be known as both Columbus Day and Indigenous Peoples Day so everyone may celebrate both, one or the other, or neither if they choose according to their own conscience. This will allow the maximum amount of sensitivity to the issue.

Item 44: 4-5-22 MALDONADO VELEZ, I. RIVERA — Order that we add a Grant Manager position to oversee, streamline, and expand our grant applications and money for our city.

Item 45: 4-5-22 From Massachusetts Association of Realtors, Guide to Understanding housing choice and its opportunities.

Item 46: 4-5-22 GIVNER — Ordered, With community support: That the Holyoke City Council adopt, and create a method of enforcement for, 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.

Item 47: 4-5-22 I. RIVERA — Order that legal review the Boston Cannabis Equity program ordinance and begin to draft language similar to it for the purposes of creating a Holyoke Cannabis Equity program.

Item 48: 4-5-22 MALDONADO VELEZ — Order that we allow for overnight parking on city parking lots for people to sleep in their cars. This would be an added measure in the work already being done to provide a safe, temporary place for our unhoused population until a more long term solution is created.

Item 49: 6-7-22 GIVNER — Ordered, With community support, Pouloit Pool will be free to Holyoke residents with a target market of students and seniors. A Holyoke pool pass should be easily obtainable at the Parks and Rec office with proof of Holyoke residency including but not limited to a Holyoke school ID, Holyoke Library card, State ID, Mail, etc. A daily fee of no more than $3 shall be charged for adult residents and no more than $5 for adult non-residents, along with a $2 fee for non-resident students and seniors.

Item 50: 6-7-22 GIVNER — Ordered, With community support, the City of Holyoke request a PVTA bus stop be added on Appleton between Linden and Locusts streets.

Item 51: 6-7-22 JOURDAIN, I. RIVERA — Ordered, That City Council create an ordinance that states that no department establishes user fees until those have been established by ordinance (unless governed under some other law). Additionally, that a pool pass system be established which allows all Holyoke residents to receive a free pool pass for city pool administered by the Parks & Recreation dept. A fee shall be established for non-Holyoke residents only at a rate to be determined by ordinance.

Item 52: 6-7-22 VACON — Ordered, Amend the speed hump ordinance (section b) that when a city engineer evaluation and report determines eligibility for speed humps on a city street, then temporary speed humps may be installed.

Item 53: 8-2-22 I. RIVERA — Ordered, That the honorable city council pass an ordinance banning facial surveillance technology (Please see attachment).

Item 54: 10-4-22 MCGEE — Ordered, That the City Solicitor be given the authority to hire a paralegal above mid range up to no more than max without needing further approval from CC due to special circumstances.
*Another order with the same language was filed later and adopted. This can probably be voted as complied with.

Item 55: 10-4-22 MCGEE — Ordered, That Department heads be given the authority to hire Schedule A positions above mid-range up to no more than max without needing further approval from CC due to special circumstances.

Item 56: 11-1-22 MURPHY-ROMBOLETTI — Order that we revise Section 58 – 18 of our City Ordinances to establish that it is the responsibility of the business establishment to collect and return shopping carts to their original locations. Any business that does not adhere to this ordinance shall be subject to a fine of no less than $25 and not more than $300, to be issued by the city’s enforcement officer.
CURRENT ORDINANCE: Any individual or group who removes a shopping cart from the business lot where the cart originated shall be subject to a fine of no less than $25.00 and not more than $300.00, to be issued by the city police department.

Item 57: 12-20-22 (copy, original sent to Public Safety) Petition from Residents of Holyoke in support of a Tenant Bill of Rights.

Item 58: 1-17-23 I. RIVERA — Order that honorable city council add a section to Holyoke code of ordinances titled “Human Relations”.

Item 59: 1-17-23 I. RIVERA, JOURDAIN, MURPHY-ROMBOLETTI, TALLMAN — (copy – original sent to Public Safety, complied with 3-7-23) Order that the honorable city council invite in the chief of police to discuss whether or not the department has a “Traffic Squad”, ordinance references the designation of 6 officers that are required to act as traffic officers. Constituents are concerned with drivers that speed, eat stop signs, etc …
Investment in a “Traffic Squad” as city ordinance states, should help tremendously with mitigating some of our constituent concerns.
Sec 50-42. – Traffic squad-Designation and training of members.
The chief of police shall designate six members and such additional members as may from time to time be required to act as traffic officers. Such members shall receive and be given thorough and adequate training in the regulation and direction of traffic, in accordance with a uniform and recognized standard.

Item 60: 1-17-23 I. RIVERA — Order that the honorable city council work with the city solicitor’s office to draft an ordinance prohibiting the discrimination or discriminatory practices based on an individuals, or the perception of an individual’s race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, gender expression, age, disability, criminal history or the use of a service animal.

Item 61: 2-7-23 MCGEE — Ordered, that the residency requirement for the CPO/Purchasing Director position be removed.

Item 62: 3-7-23 JOURDAIN — Ordered, that the City Council work with the Treasurer to review and codify the city’s investment policy by ordinance.

Item 63: 4-4-23 I. RIVERA, GIVNER, MALDONADO VELEZ, MURPHY-ROMBOLETTI, J. RIVERA — (copy – original sent to Public Safety, complied with 5-2-23) Ordered, that Chapter 50, Article II of the Holyoke City Ordinances be amended to add Section 50-56 establishing a Police Commission.

Item 64: 5-16-23 VACON, JOURDAIN — Ordered, An ordinance be created that requires a department head to report (with an incident report explaining the cause) any loss in their department over $500 in value to the City Council and Mayor within 30 days.

Item 65: 6-20-23 MALDONADO VELEZ, GIVNER — Ordered, that if someone is putting in an RFP through the city for a property that is up for sale and the applicant has outstanding issues with the Board of Health, Building Department, or any other city department having to do with other properties they own, that they are not eligible to win the bid for the RFP.

Item 66: 6-20-23 MALDONADO VELEZ, J. RIVERA — ORDER that Sec 38-73 (6) of our ordinances be amended for the hours to read 10pm instead of 11pm and 8am instead of 7am.

Item 67: 6-20-23 MALDONADO VELEZ, GIVNER — Ordered, that we create an ordinance that if the J owner of a rental property does not live in Holyoke, they are required to hire a local property management company that is accessible to our residents. There have been too many issues with rental property regarding rodents, water, and electrical problems where residents have been unable to get in contact with the owner in order to remedy the situation.

Item 68: 10-3-23 GIVNER — (copy, original sent to Charter and Rules) Ordered,
With community support, order that the following section of our Codes of Ordinances and charter be updated to reflect use of email as sufficient for special meeting notice: Sec. 12. – Special meetings of city council.
The mayor may at any time call a special meeting of the city council by public posting through the city website along with written notifications thereof, together with a statement of the subjects to be considered thereat, to be deposited in the post office, postpaid and addressed to the persons to be notified, at least forty-eight hours before the time appointed for such meeting, or to be left at the usual place of residence of each member of the council, by email at least forty-eight hours before the time appointed for such meeting.
(Acts 1965, c. 187; Acts 1992, c. 189)

Item 69: 10-17-23 From Board of Public Works, Mary L. Monahan, Chairperson letter re:  FY24 Sewer Rate.

Item 70: 10-17-23 MCGIVERIN — Ordered, That the City Council adjust the sewer rate according to updated operation costs and revenue projections, along with projected deficit for FY 2024.

Item 71: 11-9-23 From Atty Michael Bissonnette, Asst City Solicitor, Memo on Optional Municipal Administration Act (MGL Chapter 43C)

Item 72: 11-9-23 MCGEE — Ordered, that the City of Holyoke accepts and adopt the provisions of MGL Chapter 43C entitled “Optional Forms of Municipal Administration.”

Item 73: 11-9-23 MCGIVERIN — Ordered, that pursuant to Section 12 of MGL Chapter 43C, the City of Holyoke, acting by and through its City Council and Mayor, creates a Finance Department as provided for in the statute subject to implementation by city ordinance approved with an effective date no later than December 31, 2025.

Item 74: 12-19-23 MALDONADO VELEZ — (copy, original sent to Public Safety) Order that the council works with Tapestry, state delegation, and appropriate city departments to work towards creating safe injection sites. These would be medically supervised and connect users to services available in our community.

Item 75: 12-19-23 MALDONADO VELEZ — Order that the city creates an Office of Tenant Protections, that would oversee rental registration, certificate of occupancy and public database implementation, build relationships with landlords, tenants and community agencies to create recurring Know Your Rights and Responsibilities program, and house tenant legal services.

Item 76: 12-19-23 MALDONADO VELEZ — (copy, original sent to Public Safety) Order that we create pathways for community ownership of property (land trusts, condominium conversion, cooperative housing etc).

Item 77: 1-2-24 I. RIVERA — (copy, original sent to Public Safety) Order that the honorable city council request that the mayor, Department of Public Works, and the parking advisory committee at the Public Safety committee to discuss the possibility of making parking enforcement a subdivision of the Traffic division.

Item 78: 1-2-24 I. RIVERA — Order that the honorable city council place a temporary moratorium on cannabis retail business. Until the footprint of where this industry can be located within the city of Holyoke, I believe it prudent that we put a temporary halt on permitting new business.

Item 79: 1-22-24 DEVINE, GIVNER, J. RIVERA — Ordered, That the City Council resurrect the “Peace and Good Order Ordinance.”

Item 80: 2-20-24 From Jane Mantolesky, Assistant City Solicitor, Approval of Zoning Ordinance Amendment

Item 81: 3-19-24 From Melissa Lafond, communication regarding speed hump petition from September 28, 2022

Item 82: 3-19-24 From Board of Public Works, communication regarding City Engineer position

Item 83: 4-16-24 MAGRATH-SMITH — Ordered, that City Ordinance section 7 4-34 be revised to remove (2): “Any entity that does not receive city solid waste collection services will be exempt from this section if they can prove that the cost of implementing such a plan, over a 12- month period, would cost more than their current solid waste removal plan.”

Item 84: 5-21-24 MAGRATH-SMITH — Ordered, that the language from sections 7 4-32, 7 4-33, 7 4-34, and 74-35 be updated based on guidance from the Board of Public Works and the Recycling Advisory Committee.

Item 85: 8-6-24 OCASIO- ordered that the DPW install a Handicap sign for Ana Rodriguez at 361 Chestnut St

Item 86: 8-6-24 BARTLEY -Ordered that a handicap sign be placed at 15 Davis St. The sign is requested by Teresa Lewis and the placard number is PL6980631.

Item 87: 8-6-24 RIVERA I. – Ordered that the Personnel Department and Law Department work in conjunction to update the following ordinances to reflect a modern Human Resources Department:
Article I
30-1 (a), 82-4 (c), 82-5 (c)
Article II Division I
2-40 (a), 2-43 (e) (k), 2-64, 2-66 b (3), 2-67 (a), 2-69 (h)
Article II Division II
2-86
Article II Division VI
2-182 b (3) e (2)
Article Ill Division II
2-311 a, b, c, d, 2-312 a, b (21), 2-313, 2-314
Article IV
2-422 (b)

Item 88: 8-6-24 From Mayor Joshua Garcia and Personnel Director Kelly Curran-COH Remote Telecommuting Pilot Program

Item 89: 9-4-24 BARTLEY – CC establish by ordinance a minimum sewer fee to be paid to the City upon the sale of any real estate closing. Currently none exists though a $5.00 fee was the norm. The present actual rate is $7.50/1000 gallons. Refer to Ordinance. Copy Board of Public Works, Legal for their input. FYI – this is not to be a revenue raiser but would be monies to cover city expenses to coordinate this time-consuming work.