Ordinance Meeting 2/14/17 Text Size

Event takes place on February 14, 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 Feb. 14 at 6:30PM
Per order of the Chair: Linda Vacon


Item 1. Acceptance of previous meeting minutes

Item 2: Lopez: Order:  the City Council adopt a Special Permit/application for any Methadone Clinics coming to the City.

Item 3: 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 4:  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 5: Sullivan/Jourdain: Order That no section of the Code of Ordinances may be conceded by any negotiating agent of the City of Holyoke without the consent of the City Council.  The laws of the City of Holyoke are not bargaining chips that can be used by either side in contract negotiations.


Item 6: Roman 1/17/17: Order that the Ordinances of the City of Holyoke be changed to require all landlords with three or more fire alarms have them in good working condition


Item 7: Lebron-Martinez 1/17/17: Ordered that buildings sold within the City for residential occupancy be inspected for health and other safety codes before permitted to be in operation in addition to the fire alarms ordinance that already exists, that an additional ordinance require landlords to install systems to alert the fire Dept. of any fires within the premises.


Item 8: Leahy 1/17/17:  that the Council adopt an ordinance which requires when a communication failure is detected by a third party monitoring company in any residential building with 4 or more units, the Fire Department be notified immediately. At the discretion of the Fire Chief a fire watch detail may be assigned until the system is working again.  The cost of the detail will be paid for by the property owner. ​


Item 9: Leahy 1/17/17:  Ordered that the City Council adopt a special act requiring the installation of monitored fire alarm systems in residential   buildings with four or more units.


Item 10: Leahy 1/17/17: Ordered that the city use any legislative mechanism necessary to require the installation of monitored fire alarm systems in residential buildings with four or more units. 


Item 11: Roman: Order:  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 12: Jourdain 9/6/17: Ordered that Ordinances related to ancillary structures be reviewed for possible revisions particularly as it relates to garages.

 Item 13: Handicap application of Elvia Avendano at 1075 Hampden St.

Item 14: Handicap application of Estela Acosta at 171 Beech St.

Item 15: Handicap appliction for Margarita Santo and Jose Febles at 267 Dwight St.


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 February 10, 2017 by