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City of Haverhill August 9, 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, DesMarais, Scatamacchia, Hall and Macek

Councillor Fossarelli was appointed to read the records for the last 4 weeks and the present week.

_______________________

Notice was received from Mayor Fiorentini of the appointment of Melissa Lewandowski to the Board of Registrars. Said appointment effective August 4 2005 to expire March 31 2007.

CONFIRMED Yeas 9, Nays 0 Document:64-O

Notice was received from Mayor Fiorentini of the appointment of Karl Hanson to the License Commission. Said appointment effective August 2 2005 to expire May 31 2006.

CONFIRMED Yeas 9, Nays 0 Document:64-P

Notice was received from Mayor Fiorentini of the appointment of Gerard Quatrale to the High School Building Committee. Said appointment effective August 4 2005.

PLACED ON FILE Document:64-Q

Notice was received from Mayor Fiorentini of the appointment of Susan Green to the Recycling Committee. Said appointment effective August 4 2005 to expire August 4 2006.

PLACED ON FILE Document:64-R

Notice was received from Mayor Fiorentini of the appointment of Michael Veves to the Brownfield’s Committee. Said appointment effective August 1 2005.

PLACED ON FILE Document:64-S

Notice was received from Mayor Fiorentini of the appointment of David Mackey to the Cable TV Advisory Committee. Said appointment effective August 5 2005.

PLACED ON FILE Document:64-T

Notice was received from Mayor Fiorentini of the appointment of Sarah K Emilio to the Educational Funding Committee. Said appointment effective July 29 2005 to expire September 1 2006.

PLACED ON FILE Document:64-U

Notice was received from Theodore Beauparlant of his resignation as Chairman of the Board of Registrars. Said resignation effective July 18 2005.

PLACED ON FILE Document:60-D

PETITIONS

Communication was received from Mayor Fiorentini regarding the Allyn Auction contract and property to be auctioned.

PLACED ON FILE and REFERRED to MAYOR Document:9-K

Application was received from Coleman McDonough for a 2005 Drainlayer license.

GRANTED Yeas 9, Nays 0 Document:29-M

Application was received from Michael DellaPaolero for a Taxi license for 6 vehicles at Courtesy Cab, 22 Hilldale av. GRANTED Yeas 9, Nays 0 65-I Application was received from the HHS Cheerleaders for a Tag Day license for August 19, 20 & 21.

GRANTED Yeas 9, Nays 0 Document:93-B

Application was received from James Bradshaw for a Hawker/Peddler license, to sell hot dogs, soft drinks and prepackaged snacks outside the Haverhill Stadium Lincoln av, Sunday-Saturday, 11:00 AM to 7:00 PM.

GRANTED Yeas 9, Nays 0 Document:16-G

Petition was received from Russell Chaput/Korean Veterans Memorial Committee requesting to use City Hall Parking lot for a fundraiser, Saturday, August 13 th 9:00 AM to 1:00 PM .

GRANTED Yeas 9, Nays 0 Document:109

Petition was received from Sandra Sanchez of the International Coalition of Haverhill requesting the use of the Citizen Center and GAR Park for “A Day With the Community”, Saturday, August 20 th, 11:00 AM to 8:00 PM.

GRANTED Yeas 9, Nays 0 Document:110

Petition was received from Chris McCarron/Downtown Association, requesting to close Wingate st, Railroad av Columbus pk and Moulton Way, August 19 th, 5:00 PM to 10:00 PM for Sock Hop and Italian Festival on October 2 nd.

GRANTED Yeas 9, Nays 0 Document:111

Petition was received from Mari Carmen Cintron requesting to use GAR Park for the Latino Festival August 28 th, 12:00 Noon to 8:00 PM.

GRANTED Yeas 9, Nays 0 Document:112

Petition was received from Verizon Communications requesting to open 192 Essex st to repair cable.

PLACED ON FILE Document:75-D

Petition was received from Irvin Senter/Senter Brothers requesting to open Baltimore st to install a sewer line.

PLACED ON FILE Document:75-E

Petition was received from Mass Electric Company requesting a pole location on Powdermill rd.

VOTED: that HEARING BE HELD AUGUST 23 2005 Document:113

Petition was received from Mass Electric Company requesting a conduit location on Powdermill rd.

VOTED: that HEARING BE HELD AUGUST 23 2005 Document:114

Communication was received from William Pillsbury/ Economic Development & Planning Director submitting Draft Ordinance “Relating to Heavy Commercial Vehicles 8 th Avenue – No Through Trucking” and requests referral to the Traffic & Safety Committee.

PLACED ON FILE and REFERRED to TRAFFIC & SAFETY COMMITTEE Document:115

Abatement report was received from the Board of Assessors for the month of July 2005.

PLACED ON FILE Document:3-H

Communication was received from Councillor Fossarelli requesting a discussion regarding additional funding for the School budget. On motion of Councillor Ryan to send a letter to the Mayor to transfer $200,000 from the Stabilization Fund to the School Budget and also to send the transfer Order back to the Council for action, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED and REFERRED to MAYOR Document:98-R

Communication was received from Councillor Hall requesting a discussion regarding health and safety issues at Tilton School.

PLACED ON FILE Document:98-S

Communication was received from Councillor Scatamacchia requesting a discussion regarding the removal of a handicap parking space at 100 River st.

PLACED ON FILE and REFERRED to PLANNING Document:98-T

Communication was received from Councillor Fossarelli requesting a discussion regarding the jurisdiction for Building Within 500’ of a Water Supply as it applies to Johnsons Pond.

PLACED ON FILE and REFERRED to CITY SOLICITOR Document:98-U

Communication was received from Councillor Daly O’Brien submitting the Minutes and recommendations of the Administration & Finance Committee meeting that was held on July 21 st.

PLACED ON FILE Document:40-E

Communication was received from Councillor DesMarais submitting the Minutes and recommendations of the Natural Resources and Public Building Committee meeting that was held on July 21 st.

PLACED ON FILE Document:40-F

HEARINGS

Hearing was held on Document 104, a petition from Verizon New England and Mass Electric Company requesting a joint pole location on Marshland st. With Kath Frazer appearing in favor and no one in opposition, the hearing was closed.

HEARING CLOSED Document:104

Hearing was held on Document 83, a petition from Attorney James Waldron representing Northstar Centers Inc requesting to amend Zoning Ordinance; property at Main st and Haynes blvd (Cemetery st) be changed from Residential Medium Density (RM) to Commercial Highway (CH).

TABLED to AUGUST 23 2005 Yeas 9, Nays 0 Document:83

Hearing was held on Document 84, a petition from Attorney James Waldron representing Northstar Centers Inc requesting to discontinue a portion of Cemetery st.

TABLED to AUGUST 23 2005 Yeas 9, Nays 0 Document:84

Hearing was held on Document 85, a petition from Attorney Donald Borenstein representing Bradford Circle Trust, requesting Street Alteration; at or about 690 to 720 East Broadway – alter the elevation and grade of the roadway surface to improve sight distance and traffic safety.

Councillor Hart recused himself.

Attorney Donald Borenstein, Steve Stapinski and Philip Rice appeared in favor and Richard Hayes, Bob Picolla, Donna Credit, Dan Dagget, Robert Latourelle, Robert Wentworth, Jeannette Dagget, Judith Kimball, George Credit and Kathy Latourelle appeared in opposition.

On motion of Councillor Hall that the hearing be continued, the yeas and nays were as follows:

Yeas,-Councillors Ryan, Daly O’Brien, Fossarelli, Hall, Macek and President Michitson 6, Nays,-Councillors DesMarais and Scatamacchia 2, Absent,-Councillor Hart 1, and MOTION PASSED and REFERRED to PLANNING and CONTINUED to AUGUST 23 2005 Document:85

UNFINISHED BUSINESS

Document 25-E AN ORDER RELATING TO COMMUNICATIONS FACILITY LEASE ORDERED: That the Mayor be, and is hereby authorized to sign and deliver on behalf of the City of Haverhill a lease agreement with Evergreen Wireless Group, LLC for a ground lease at 500 Primrose Street to use the land for construction and maintenance of a communications facility in substantial accordance with the “Summary of Options and Communications Facility Agreement Terms” attached hereto.

On motion of Councillor Macek that agreement be rejected, and on the question of passage the yeas and nays were as follows:

Yeas,-Councillors DesMarais and Scatamacchia 2, Nays,-Councillors Ryan, Daly O’Brien, Fossarelli, Hart, Hall, Macek and President Michitson 7, and AGREEMENT NOT PASSED Document:25-E

Document 51-Q MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Salaries City Hall Clerks Group

PASSED Yeas 9, Nays 0 Document:51-Q

NEW BUSINESS

Councillor DesMarais introduced Document 54-I To Wit: ORDERED: That the properties on the attached list be declared surplus (see Doc 54-I)

TABLED to the future Yeas 9, Nays 0 Document:54-I

Councillor DesMarais introduced Document 54-J To Wit: ORDERED: That the City auction the properties on the attached list (see Doc 54-J)

TABLED to the future Yeas 9, Nays 0 Document:54-J

Councillor Scatamacchia introduced Document 75-DD To Wit: ORDERED: That the City Council denies the request of Verizon to excavate at Essex Street at Wingate st for the purpose of repairing telephone cable. Essex st has been rebuilt within the last year and in accordance with Chapter 222, Section 11, of the Municipal Ordinances of 1981, City Council approval is necessary.

On the motion of Councillor Scatamacchia that the City Council denies the request of Verizon to excavate at Essex st at Wingate st for the purpose of repairing telephone cable, the yeas and nays were as follows:

Yeas 0, Nays 9, and MOTION NOT PASSED

On the further motion of Councillor Macek to approve Verizon’s request to excavate at Essex st at Wingate st for the purpose of repairing telephone cable, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED and PASSED Document:75-DD

Councillor Hall introduced Document 75-EE To Wit: ORDERED: That the City Council approves the request of Senter Bros Inc to excavate at 32 Baltimore st for the purpose of installing a sewer line into the City sewer system and a water line into the City water system. Balltimore st has been rebuilt five years ago and in accordance with Chapter 222, Section 11, of the Municipal Ordinances of 1981, City Council approval is necessary.

PASSED Yeas 9, Nays 0 Document:75-EE

Councillor Macek introduced Document 80 To Wit MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Auctions & Auctioneers On motion of Councillor Daly O’Brien that the ocument be passed with the following amendments: in s108-2 insert the letters and words “50.00 per date” after the symbol “$” and in s108-3 insert the letters and words “1,000.00” after the symbol “$”, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED

On the question of passage as amended the yeas and nays were as follows:

Yeas 9, Nays 0, and PASSED AS AMENDED Document:80

Councillor Ryan introduced Document 25-F To Wit: ORDERED: That the Mayor be and is hereby authorized to sign a deed to sell property located at North Broadway, to Paul Magliocchetti for a purchase price of $24,999.00.

PASSED Yeas 9, Nays 0 Document:25-F

Councillor Daly O’Brien introduced Document 104-B An Order Granting: Permission to Verizon New England and Mass Electric Company for a joint pole location on Marshland st. (Located in Book of Location Orders) On the question of granting, the yeas and nays were as follows:

Yeas,-Councillors Ryan, Daly O’Brien, Hart, DesMarais, Scatamacchia, Hall, Macek and President Michitson 8, Abstain,-Councillor Fossarelli 1, and GRANTED Document:104-B

Councillor Fossarelli introduced Document 83-B To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Zoning Cemetery st – RM to CH

PLACED ON FILE for at least 10 days Document:83-B

Councillor Hart introduced Document 84-B To Wit: ORDERED: That the following street be discontinued:

CEMETERY STREET TABLED to AUGUST 23 2005 (Absent,-Councillor Scatamacchia) Yeas 8, Absent 1 Document:84-B

 

Councillor DesMarais introduced Document 116 To Wit:

 

ORDERED: That the members of the License Commission for the City of Haverhill are hereby designated as “Special Municipal Employees” pursuant to M.G.L. c.268A.

PASSED Yeas 9, Nays 0 Document:116

Councillor Scatamacchia introduced Document 54-K To Wit: ORDERED: To declare approximately 835 square feet of space located in the area of room numbers 29, 35, and 31 located on the first floor, surplus, for restricted use.

On motion of Councillor Hart to receive clarification from City Solicitor and table, the yeas and nays were as follows:

Yeas 9, Nays 0, and REFERRED to CITY SOLICITOR and TABLED to AUGUST 23 2005 Document:54-K

Councillor Hall introduced Document 101-F To Wit: ORDERED: That the sum of $35,000 be appropriated from the Stabilization Fund and transferred to Tilton Roof Repairs Capital Account.

PASSED Yeas 9, Nays 0 Document:101-F

Councillor Macek introduced Document 13-D To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Parking School Bus Drop Off/Pick Up Only, North side of Margin st starting 73 feet west of Beach st for a distance of 110 feet

PLACED ON FILE for at least 10 days Document:13-D

Councillor Ryan introduced Document 13-E To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Parking No Parking East side of Oak Terrace up to 49 from Broadway & on the West side of Oak ter to 48 from Broadway

PLACED ON FILE for at least 10 days Document:13-E

Councillor Daly O’Brien introduced Document 13-F To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Parking No Parking(Sundays) Westerly side of Sarah J Circle

PLACED ON FILE for at least 10 days Document:13-F

Councillor Fossarelli introduced Document 117 To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Stop Signs Add a Stop Sign at intersection of Sawyer & Ringgold Streets

PLACED ON FILE for at least 10 days Document:117

Meeting adjourned at 12:12 o’clock A.M.

Yeas 9, Nays 0

Attest:
Margaret A Toomey
City Clerk

 
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Office of the Mayor
City of Haverhill, Massachusetts
City Hall, Room 100, 4 Summer Street, Haverhill, MA 01830
mayor@cityofhaverhill.com
978-374-2300

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