Ordinance Committee Meeting November 29, 2022
6:30 pm City Hall Holyoke
536 Dwight St, Holyoke 01040
Pursuant to the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18-25,
and Chapter 22 of the Acts of 2022,
notice is hereby given of a meeting of the committee on
Tuesday, November 29, 2022
Meeting to take place at
Holyoke City Hall, 536 Dwight St
and can be accessed remotely on Zoom Meetings
Per order of the Chair: Linda Vacon
Remote access via www.zoom.us
Meeting ID: 845 1399 2916 Meeting Passcode: 765029 or by call in at 1 (646) 558-8656 with the same Meeting ID and Passcode.
Item 1: 11-1-22 Petition of Elias Martinez for a street vendor license to be located on High St. (mambo cafe parking lot)
Item 2: 10-4-22 PUBLIC HEARING Special Permit Application of Upper Echelon Cultivation LLC at 420 Race St Suite 1A (028-07-014) to create a marijuana manufacturing establishment.
Item 3: 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.
Item 3a: 6-7-22 JOURDAIN — Ordered, 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.
*Amended to losses over $500, vetoed, referred back to committee 11-15-22
Item 4: 3-10-20 VACON — Ordered, that street vendors who have received a license may be granted a renewal of the license for the same location without a hearing when all required approvals are presented with the application and any required fees/taxes are paid
*Tabled 1-25-22, 4-26-22, 6-8-22, 9-27-22, 10-25-22
Item 5: 6-21-22 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.
Item 6: 6-21-22 ANDERSON-BURGOS — Ordered, That the HPD come to an ordinance meeting to discuss how the noise ordinance can be applied to speed bikes.
Item 7: 8-2-22 JOURDAIN, ANDERSON-BURGOS, RIVERA_I — Ordered, That the City Council review and enhance as necessary the city’s current noise nuisance ordinance.
Item 8 11-15-22 From Aaron Vega. Director OPED, communication in regard to approved City Council Special permits for Marijuana Companies.
Item 9: 11-1-22 GIVNER — Order that the City of Holyoke pause acceptance of new cannabis business permit applications, excluding delivery for existing businesses, until there are systems, staff/departments in place to support associated health and safety code enforcement as outlined by the Cannabis Control Commission AND the City of Holyoke.
Item 10: 10-4-22 VACON, JOURDAIN, MCGIVERIN — Ordered, amend ordinances to include that the Police and Fire Chief contractual salaries are subject to appropriation.
Item 11: 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?
Item 12: 6-7-22 JOURDAIN, MCGIVERIN, MALDONADO VELEZ — Ordered, That an ordinance be created that requires that when notices need to be sent to abutters for public notices involving lots without buildings that the address closest to the subject property be listed as a reference point plus a plot plan/lot lines of the subject property be included so abutters can determine the exact location of the subject property they are being notified about.
Item 13: 1-18-22 GIVNER – Ordered, That the city of Holyoke establish/make a reporting system for immediate safety issues such as the lack of stop signs or other traffic signage at the corners of Sycamore and Hampshire streets.
Item 14: 11-1-22 ANDERSON-BURGOS — Ordered, that a no parking spot be placed on West Franklin next to 286 West Franklin, unless the Engineer can recommend some other means for addressing the concern raised in the attached email and shown in the pictures.
Item 15: 11-15-22 VACON — Under certain special circumstances the Mayor may grant vacation time for a new employee set by ordinance that exceeds the minimum, but may not exceed 4 weeks. Such a special circumstance shall be determined by a 2/3 supermajority of the City Council and shall have no effect on any other time off benefits for any city employee. Such a special circumstance currently exists for the Director of DPW position and shall expire upon appointment of the employee to the position.
Item 16: 10-4-22 RIVERA_J — That a handicap sign be placed in front of 16 East Court, for Hector Reyes, placard #PL1430356
Item 17: 10-4-22 RIVERA_J — That a handicap sign be placed in front of 8 West Court for Maria Malave.
Item 18: 11-1-22 MCGEE, TALLMAN — Ordered, that the handicap spot on the south side of Hampden St in front of Rusty’s be moved by ten feet to account for a recently installed fire hydrant.
Hampden St. Southerly A point 35 feet easterly of Nonotuck St. A point 18 feet further easterly Handicap parking only
Hampden St. Southerly A point 45 feet easterly of Nonotuck St. A point 18 feet further easterly Handicap parking only
Item 19: 11-1-22 PUELLO — that a handicap sign be placed in front of 363 Chestnut St. for Martha Garib, placard #PL4500551.
Item 20: 11-1-22 RIVERA_J — that a handicap sign be placed in front of 97 High St. for Nicole Bertone-Gill, placard #PL 5920320.
Item 21: 11-1-22 RIVERA_J — That a handicap sign be placed for 364 Maple St. for Amy Garcia, Placard #PL0200749.
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.
Item 2 2022 09 27 Planning Review Letter Upper Echelon Cultivation 420 Race St
Item 2 2022-11-07 Engineer Review Letter – Upper Echelon Cultivation 420 Race St
Item 3a Legal Form For Reporting Of Losses In Departments Above $500
Item 4, 5 Mobile Food Vendor Ordinance Revised
Item 6 Current Noise Ordinance
Item 13, 14, 16., 18 20 Engineer Feedback
Item 15 Schedule A Vacation Analysis 2022 11 29
536 Dwight St, Room 10
Holyoke, MA 01040
Meeting days 12:00 PM - 5:00 PM