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Ordinance committee advances four zoning and code changes to full council; sewer fee debate tabled

March 07, 2025 | Holyoke City, Hampden County, Massachusetts


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Ordinance committee advances four zoning and code changes to full council; sewer fee debate tabled
The Holyoke City Ordinance Committee voted to forward four draft ordinance items to the full City Council for legal drafting and final consideration, and tabled a separate proposal on a minimum sewer closing fee after members and the Law Department disagreed on the fee amount.

The committee voted to receive and adopt language (to be converted to formal ordinance text by the Law Department) for the following items and send them to the full City Council: (1) an amendment requiring bidders on city sale RFPs to provide a certificate of compliance with building, health and fire codes (item 4); (2) an amendment to Section 38‑73.6 that would change prohibited loading/unloading hours from 11 p.m.–7 a.m. to 10 p.m.–8 a.m. (item 5); (3) an update to Section 86‑6 raising a specified penalty/threshold from $200 to $1,000 to match state law (item 7); and (4) a new Section 86‑11 requiring the police to report damage to city property greater than $1,000 from motor vehicle accidents and directing the mayor and law department to pursue collection actions (item 8).

Votes and follow‑up: The package motions for items 4, 5, 7 and 8 passed on roll‑call votes; committee members asked that the Law Department provide formal ordinance drafts at least seven days before the next meeting so members can review them. Item 6 — a proposed administrative sewer closing fee — was tabled so the Law Department and the sponsoring councilor could resolve competing fee figures before further committee action.

What changed and why it matters:
- Item 4 (bidder certification): The proposed Section 2‑349 Certification of Compliance would require bidders on city RFPs to provide a certificate satisfactory to the director confirming full compliance with building, health and fire codes. Supporters said the change is intended to prevent bidders with outstanding code or health violations on other properties from winning city property sales.

- Item 5 (noise hours): The proposed amendment to Section 38‑73.6 would change the prohibited hours for noisy loading/unloading within 1,000 feet of a residential parcel from 11 p.m.–7 a.m. to 10 p.m.–8 a.m. Councilor Meg McGrath Smith raised concern about impacts on school service schedules (Casella pickups) and asked that the committee or staff check with the police department and the waste hauler before final action. McGrath Smith later voted no on this item; other members voted yes. Councilor Regan said on the record that he would vote yes but wanted to be clear he was seeking information, not a carve‑out for a company.

- Item 6 (minimum sewer fee): The draft language proposed adding a minimum administrative fee at real estate closings — the Law Department’s draft set the fee at $25 for residential and $100 for nonresidential, while the sponsoring councilor said his notes called for $7.50 (the historical practice discussed in committee). Attorney Bissonnette of the Law Department said he drafted the $25/$100 figures for discussion and acknowledged the committee’s recollection of $7.50; the committee voted to table item 6 and requested that the Law Department return the item in legal form for committee review.

- Item 7 (penalty/threshold): Committee approved amending an ordinance section to replace “$200” with “$1,000” for consistency with state law; the motion passed on roll call.

- Item 8 (vehicle accidents reporting): The committee approved placing a new reporting requirement in Section 86, requiring police to report motor‑vehicle damage to city property greater than $1,000 to the council and directing the mayor and law department to pursue collection. Law Department staff said they would make stylistic edits (a, b, c formatting and the word change from “event” to “accident”) before returning final legal text.

Quotes from the meeting include Councilor Bartley, who opposed a vendor carve‑out and urged the committee not to alter enforcement for the benefit of a single hauler; Councilor McGrath Smith, who said she wanted more information about Casella’s pickup schedules near schools before approving the noise‑hours change; and Attorney Bissonnette, who explained that he drafted the $25/$100 fee figures and recognized the committee’s recollection that $7.50 had been discussed previously.

Next steps: The Law Department will produce ordinance drafts for items 4, 5, 7 and 8 and provide them to the committee at least seven days before the next meeting for review. Item 6 will be returned to committee after the Law Department and the sponsoring councilor reconcile the fee amount.

Votes at a glance:
• Item 4 (bidder compliance certificate) — Motion: receive and adopt language and send to full council for ordinance drafting. Outcome: approved (roll call). Tally: recorded as carried.
• Item 5 (noise hours 10 p.m.–8 a.m.) — Motion: amend Section 38‑73.6 to change hours. Outcome: approved (roll call); recorded vote included one no (Councilor Meg McGrath Smith). Tally: yes 4, no 1.
• Item 6 (minimum sewer closing fee) — Motion: add administrative fee language (residential/nonresidential). Outcome: tabled for further legal review and clarification of fee amount.
• Item 7 (penalty/threshold $200→$1,000) — Motion: amend to update amount for consistency with state law. Outcome: approved (roll call).
• Item 8 (motor vehicle accident reporting) — Motion: add reporting and collection duties for damages > $1,000. Outcome: approved (roll call).

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