Ordinance Meeting 1/24/17 Text Size

Event takes place on January 24, 2017 at 6:30 PM
Holyoke City Hall: Council Chambers

City Council
Holyoke Massachusetts

Notice of Committee Meeting
There will be a regular meeting of the Committee on

 At City Hall in the Council Chamber, on Tuesday January 24th at 6:30PM
Per order of the Chair: Linda Vacon


Item 1:  Acceptance of Previous meeting minutes

Item 2: Special permit application to establish a Solar Facility for SHR Energy Management, LLC off Whitney Ave. Map 176 Parcel 3.

Item 3: Item 3: Zone change application of Lisciotti Development Corp. at 527 South St. Holyoke MA (Map Block Parcels: 112-00-022, 112-00-022A, 111-00-072, 111-00-073)  from current zone R-2 to proposed zone BG.

Item 4: Bartley: Ordered that the name be changed of the portion of Coit St. that is west of Hillside Ave.

Item 5: Lopez 6/7/16: Order:  the City Council adopt a Special Permit/application for any Methadone Clinics coming to the City

Item 6: Bartley 9/6/16: Order that  The City Council consider revising its ordinances relative to the funds provided to the Mayor’s office in lieu of providing a vehicle.

Item 7: Vacon 8/2/16: Ordered that no budgeted salary line can be increased following approval of the budget without an appropriation submitted to and approved by the City Council.

Item 8: McGee 1/17/17: that the City adopt an ordinance to establish a Holyoke Disaster Relief Trust Fund to allow for the receipt and disbursement of donations received on account of the New Years Day Fire:

Chapter 24 – Holyoke Disaster Relief Trust Fund

Sec. 24-1. Establishment of trust.

The City of Holyoke, by this chapter, hereby establishes a Holyoke Disaster Relief Trust Fund and further authorizes the acceptance of gifts, legacies, bequests, or other donations under M.G.L. c. 44 s. 53A for the benefit of said fund. The principal of said fund shall be faithfully held and kept good, until such time as the principal and the income thereon shall be expended for the benefit of individuals in the community affected by disasters which occur in the City of Holyoke and for no other purpose.

Sec. 24-2. Board of commissioners.
There shall be a board of commissioners, consisting of three persons, who shall have management of the trust fund for the purposes of investing and distributing funds; it shall be incumbent on them to develop fair and equitable procedures for the distribution of funds and to see that funds are distributed in compliance with this chapter. The members of said board shall be appointed by the mayor and confirmed by the city council. At the time of creation of said board, there shall be appointed one member for one year, one member for two years, and one member for three years, and thereafter, members shall be appointed annually for three years. Vacancies on the board of commissioners shall be filled by the mayor, with the approval of the city council.

Sec. 24-3. Compliance with trust.
The city treasurer shall hold all sums of money paid to the city for the benefit of said  trust, and the city treasurer shall pay over the income thereof, to such person or persons, and in such amounts, as may be ordered by the board of commissioners aforesaid.

Sec. 24-4. Granting of requests.
Upon receipt of a request for funds, the board shall consider the request and vote whether to grant it. An affirmative vote of two of the three commissioners shall be required to grant a request. The commission shall maintain a written accounting of the name and residence by street and number of each person to whom any money has been paid in accordance with this chapter, with the amount received or paid to each of said person.

Item 9:  ROMAN 1/17/17    –    that an official charter change through ballot question be placed on the next regularly scheduled municipal election.  

Ballot Question Creating a Recall Process of Elected Officials.
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?
Proposed Charter Language to be added to City Charter:  
Recall of Elected Officials
Application. Any person who holds an elected city office, whose term exceeds two 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 Petitions. One hundred 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.
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 5 days following delivery of the notice, the city council shall order an election to be held not less than 65 nor more than 90 days after the date of the registrar’s certificate of the sufficiency of the petition. If, however, another city election is to occur between 65 and 90 days after the date of the certificate, the city council shall hold the recall election on the date of such other election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section and only the ballots for candidates need be counted.
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.
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.
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.
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 at least six months after the election at which his recall was submitted to the voters.

Item 10: Roman 12/20/16: Order:  Ordered that the DPW place resident only parking signs in front of 89, 91, 93, 95 and 97 Franklin Street.  Due to the proximity of businesses and near by resident only parking spots individuals do not have ample parking spaces to park their family vehicles. 

Item 11: Bartley 12/20/16:  The City Council consider revising/streamlining the City’s parking permit ordinance, Section 86-106, and any related schedules and establish permit parking for Beech St. if necessary.

Item 12: Roman 11/15/16: Order:  That the City Council, establish local ordinances regarding the regulation and taxation of recreational marijuana.  Including establishing a local tax on marijuana sales of 2% (amount allowed by law).

 Item 13: Leahy 11/15/16: Order:  that the city creates an ordinances on recreational marijuana regarding the taxation of the products that will be manufactured and or sold.

 Item 14: Vacon 11/15/16: Order:  That the sale of recreational marijuana be allowed under the same zoning as medical marijuana.

Item 15: Roman 1/17/17:  that the City of Holyoke establish and create per ordinance a special permit for any marijuana cultivating facilities / manufacturers.

Item 16: Roman 1/17/17: Ordered that the City of Holyoke tax on cultivators of marijuana is imposed as follows:
$9.25 per dry-weight ounce of marijuana flowers
$2.75 per dry-weight ounce of marijuana leaves

Item 17: Roman 11/15/16: Roman 11/15/16: Order:  that City of Holyoke establish the Community Preservation Committee.  The purpose of this committee shall be to study community preservation resources, possibilities and needs, and to make annual recommendations to city council on spending of Community Preservation surcharge funds.  

Required members of the committee per state statue shall be one representative of the following city boards / commissions: 

– Conversation Commission
– Planning Board 
– Historical Commission 
– Housing Authority 
– Board of Park Commissioners 

An 3 additional members will be appointed by the Holyoke City Council with a 4th seat being reserved for a member of the City Council, City Council appointment shall be made by the City Council President.

Item 18: Vacon 8/2/16: Order:  That the sign ordinance for BH and BG be reviewed and revised to increase the maximum surface area permitted for each sign as of right from 40 to 75 feet for businesses with less than 25000 square feet of floor area and from 80 to 150 feet by special permit.

Also, in the BH and BG zones for businesses with 25000 or more feet of floor space maximum surface area permitted for each sign as of right is 200 square feet and up to 400 square feet by special permit.

Item 19: Zone Change application of James Ryan on 226-230 Sargeant St. Map 089 Block 00 Parcel 017 from current zone R2 to proposed zone BL

 Administrative Assistant: Ryan M. Allen
The listing of matters are those reasonable 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.

Posted on January 20, 2017 by