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City of Haverhill March 22, 2005 Meeting of the City Council was held at 7:00 o’clock P.M.

Present,-President Michitson, Councillors Ryan, Daly O’Brien Fossarelli, Hart, Des Marais,Scatamacchia, Hall and Macek Records of the last meeting were approved.

Councillor Scatamacchia was appointed to read the records for the present week.

___________________________

Notice was received from Mayor Fiorentini of the appointment of Patricia Costello to the Educational Fund Committee. Said appointment effective March 17, 2005 .

PLACED ON FILE Document:8-S

PETITIONS

Application was received from Sharon L Tripp for an Auctioneer license at the Tap Restaurant on 100 Washington st, March 30 th.

GRANTED Yeas 9, Nays 0 Document:34-B

Applications were received for Tag Days from the following:

  • VFW Santa Parade November 19 th 15-T
  • Amvets Ladies Auxiliary Post 147 October 7, 8 15-U

GRANTED Yeas 8, Nays 0 Document: 15 T&U

Communication was received from Mayor Fiorentini regarding economic development in the City.

PLACED ON FILE Document:9-B

Communication was received from Mayor Fiorentini regarding the upgrade of the City’s bond rating.

PLACED ON FILE Document:9-C

Communication was received from Mayor Fiorentini submitting the agreement between the City and Merrimack Towers LLC.

PLACED ON FILE Document:9-D

Communication was received from Mayor Fiorentini requesting that property located at Route 121A be declared surplus.

PLACED ON FILE and REFERRED to NATURAL RESOURCES & PUBLIC BILDINGS COMMITTEE Document:41

Communication was received from Councillor DesMarais regarding the lease of City property for cell tower use.

On the question of tabling, the yeas and nays were as follows:

Yeas,-Councillors Daly O’Brien, Fossarelli, Hart, DesMarais, Scatamacchia, Hall, Macek and President Michitson 8, Nays,-Councillor Ryan 1, and TABLED to APRIL 5, 2005 Document:4-X

Communication was received from Mayor Fiorentini regarding the award of RFP BI.16 (FY05) for lease of City owned space for wireless communication facilities.

On the question of tabling, the yeas and nays were as follows:

Yeas,-Councillors Daly O’Brien, Fossarelli, Hart, DesMarais, Scatamacchia, Hall, Macek and President Michitson 8, Nays,-Councillor Ryan 1, and TABLED to APRIL 5, 2005 Document:9-E

Communication was received from Councillor Hall requesting a discussion regarding a handicap parking sign at 111 Lafayette sq.

PLACED ON FILE and REFERRED to PLANNING Document:14-D

Communication was received from Councillor Scatamacchia requesting a street light at 65 Adele av on behalf of a resident.

PLACED ON FILE and REFERRED to WIRING INSPECTOR Document:4-Y

Communication was received from Councillor Hart requesting to discuss the status of the downtown parking plan, the Parking Commission and the City Hall parking plan.

TABLED to APRIL 5, 2005 Yeas 9, Nays 0 Document:4-Z

Communication was received from Councillor Scatamacchia requesting a discussion regarding the parking lot at Moulton Way and Granite st.

PLACED ON FILE and REFERRED to MAYOR Document:42

Communication was received from Councillor Daly O’Brien requesting a discussion regarding updating the City Council Rules and Regulations.

On motion of Councillor Hart to amend the document as follows: Rule 2. By deleting after the words “there shall be” the words before the words “second Tuesday after Labor Day” and by inserting in place thereof the words “no meeting on the first Tuesday after June 15 and then on every alternate Tuesday until the first Tuesday after August 31 when the Council shall return to its weekly schedule”, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED

On motion of Councillor Macek to amend further as follows: Rule 6. By deleting after the word “both,” the words following, up to “during” and by inserting in its place the following: “the next available Councillor in a downward sequential order as determined by the voting results of the last City Council election shall preside”, the yeas and nays were as follows:

Yeas,-Councillors Ryan, Daly O’Brien, Fossarelli, Hart, Scatamacchia, Hall, Macek and President Michitson 8, Nays,-Councillor DesMarais 1, and MOTION PASSED

On motion of Councillor DesMarais to amend further as follows: Rule 9. By deleting after the words “may call upon” the words “any Councillor to it”; and by inserting in place thereof the words “the next Councillor who is senior in length of service”, the yeas and nays were as follows:

Nays,-Councillors Ryan, Daly O’Brien, Fossarelli, Hart, DesMarais, Scatamacchia, Hall, and Macek 8, Yeas,-President Michitson 1, and MOTION NOT PASSED

On motion of Councillor Macek to amend further as follows: Rule 9. By deleting after the words “Vice President, and,” the word “it” and by inserting in place thereof the word “if” and also by deleting after the words “not present”, he” the word “may” and by inserting in place thereof the word “shall” and also by deleting the words “any Councillor to it;” and by inserting in place thereof the words “the next available Councillor in a downward sequential order as determined by the voting results of the last City Council election”, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED

On motion of Councillor Fossarelli to pass as amended the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED and PASSED AS AMENDED Document:43

HEARINGS

Hearing was held on Document 26, a petition from Attorney James Waldron representing Skyworks Solutions Inc requesting a Zoning Change to Zoning Ordinance – Table 1:Table of Use & Parking Regulations, page 7. Retail Use exceeding 50,000 square feet of gross floor area” be amended from S to P the CH Zone – property at Computer Drive be changed from Industrial Park (IP) to Commercial Highway (CH). Appearing in favor were Attorney James Waldron, Chris Nisley, Bill Fleming, William Pillsbury and Mayor Fiorentini. Appearing in favor with conditions were Attorney Magliocchetti, Mike Landry, Rick Brazinski, Richard Bartlett, Maria Battini and Jeff Marcoux.

No one appeared in opposition, and the hearing was closed.

On motion of Councillor Hart that the zoning be changed as the petition before us for the particular portion of land from Industrial Park “IP” to Commercial Highway “CH”, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED

On motion of Councillor Hart that the Table of Use and Parking Regulations, Retail Use exceeding 50,000 square feet of gross floor area” be amended from “S” to “P” in the CH zone, contingent on the petitioner before us following through with the development in accordance with the plan he has presented and contingent upon the developer filing an agreement with the neighbors who spoke tonight and their Counsel within two weeks, the yeas and nays were as follows:

Yeas,-Councillors Ryan, Daly O’Brien, Fossarelli, Hart, Scatamacchia, Hall, Macek and President Michitson 8, Nays,-Councillor DesMarais 1, and MOTION PASSED and HEARING CLOSED and GRANTED WITH CONDITIONS Document:26

Hearing was held on Document 30, a petition from Attorney David Currie representing Arlington Funding Services requesting a Special Permit for Hospital Use at 145 Ward Hill av. With Sally Cerasuolo O’Rourke, Attorney David Currie, Alfred Arcidi, Robert Iannoco, Ron Ranere, Leslie Shined and William Pillsbury appearing in favor and no one in opposition, the hearing was closed.

On motion of Councillor Macek that the Special Permit include all the conditions as stated in the Planning Board Minutes dated March 15 205 and also conditions as stated in the Planning Director’s letter of March 18 2005 , the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED and HEARING CLOSED and GRANTED WITH CONDITIONS Document:30

UNFINISHED BUSINESS

Document 4-S, a communication from Councillor Macek requesting to give an update on the sale of property on Railroad av.

PLACED ON FILE Document:4-S

Document 4-U, a communication from Councillor Daly O’Brien requesting to introduce members of the Haverhill Community Violence Coalition to make a presentation on an event planned for May 7 th.

TABLED to MARCH 29 2005 Yeas 9, Nays 0 Document:4-U

Document 26-B MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Zoning Computer Drive – IP to CH and Table of Use and Parking Regulations On motion of Councillor Hart that the zoning be changed as the petition before us for the particular portion of land from Industrial Park “IP” to Commercial Highway “CH”, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED

On motion of Councillor Hart that the Table of Use and Parking Regulations, Retail Use exceeding 50,000 square feet of gross floor area” be amended from “S” to “P” in the CH zone, contingent on the petitioner before us following through with the development in accordance with the plan he has presented and contingent upon the developer filing an agreement with the neighbors who spoke tonight and their Counsel within two weeks, the yeas and nays were as follows:

Yeas,-Councillors Ryan, Daly O’Brien, Fossarelli, Hart, Scatamacchia, Hall, Macek and President Michitson 8, Nays,-Councillor DesMarais 1, and MOTION PASSED and GRANTED WITH CONDITIONS Document:26

Document 32-C MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Parking 358 Primrose Street – Delete Handicap Parking Space

PASSED Yeas 9, Nays 0 Document:32-C

NEW BUSINESS

Councillor Scatamacchia introduced Document 9-EE To Wit: ORDERED: That the Mayor be and is authorized to execute a lease agreement with Evergreen Wireless Group LLC, in accordance with the terms of the award letter for RFP #16 FY05.

On the question of tabling, the yeas and nays were as follows:

Yeas,-Councillors Daly O’Brien, Fossarelli, Hart, DesMarais, Scatamacchia, Hall, Macek and President Michitson 8, Nays,-Councillor Ryan 1, and TABLED to APRIL 5 2005 Document:9-EE

Councillor Hall introduced Document 25-C To Wit: ORDERED: That the Haverhill City Council authorize Mayor James J Fiorentini to enter into a Lease Agreement with BC Walnut Street, LLC for City owned property located on Locust Street , Assessor’s Map 300, Block 53, Lot 1 for the term of 67 years with the rent amount to be pursuant to the terms identified in the attached RFP.

On the question of tabling, the yeas and nays were as follows:

Yeas,-Councillors Daly O’Brien, Fossarelli, Hart, Scatamacchia, Hall, Macek and President Michitson 7, Nays,-Councillors Ryan and DesMarais 2, and TABLED to APRIL 5 2005 Document:25-C

Councillor Macek introduced Document 7-D To Wit: ORDERED: That the sum of $371,000 be raised and appropriated from the Waste to Energy Grant, available receipts and transferred to the Salary Reserve Account.

TABLED TO MARCH 29 2005 Yeas 9, Nays 0 Document:7-D

Councillor Daly O’Brien introduced Document 36-B To Wit: P R O C L A M A T I O N GREEK INDEPENDENCE DAY March 25, 2005

PLACED ON FILE Document:36-B

Councillor Fossarelli introduced Document 36-C To Wit: P R O C L A M A T I O N Adoption of the National Incident Management System

PLACED ON FILE Document:36-C

Meeting adjourned at 11:50 o’clock P.M.

Yeas 9, Nays 0

Attest:
Margaret A Toomey
City Clerk

 
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City of Haverhill, Massachusetts
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