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November 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, DesMarais, Scatamacchia, Hall and Macek

Records of the last meeting were approved.

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

_______________________

PETITIONS

Applications were received for Tag Days from the following:

  • HHS Ping Pong Club, December 2, 3, 4 93-I
  • HHS Boys Ski Team, December 9, 10 93-J
  • HHS International Relations Team, December 16, 17, 18 93-K

GRANTED Yeas 9, Nays 0

Application was received for a Hawker/Peddler license from Paul Abare to sell Christmas trees & decorations at 403 River st, Sunday-Saturday, 8 AM – 10 PM.

GRANTED Yeas 9, Nays 0 16-U

Application was received from Susan Young for a Livery License at 9 Farmington av for 1 vehicle.

TABLED TO DECEMBER 6 2005 Yeas 9, Nays 0 65-M

Applications for 2006 Drainlayer licenses were received from the following:

  • Paul D Busby 29-P
  • Edward K Busch 29-Q
  • Bill Hall 29-R
  • Rocci DeLucia 29-S
  • James Mahoney 29-T
  • Dale A Manter 29-U
  • Jeff Masterson 29-V
  • Douglas Robbins 29-W
  • William T Sawyer 29-Xp

GRANTED Yeas 9, Nays 0

Communication was received from Forrest Currier requesting to purchase City property, 125 Hilldale av; Assessor’s Map 523, Block 325, Lot 6A.

PLACED ON FILE and REFERRED to NATURAL RESOURCES & PUBLIC BUILDINGS COMMITTEE 10-J

Notice of Waterways License Application was received from the Bioengineering Group Inc for the proposed restoration on eroded portions of the bank along the Merrimack River .

PLACED ON FILE 152

Petition was received from Attorney James Waldron requesting a Zoning Change for Wintervale Realty Trust Table 1: Table of Use & Parking Regulations Chapter 255-8, for property at Farrwood dr and Sterling Lane – Rural Residential (RR) to Residential High Density (RH) Map 770, Block 779.

REFERRED to PLANNING BOARD & VOTED: that COUNCIL HEARING BE HELD JANUARY 10 2006 153/05

Communication was received from Councillor Hart requesting to introduce HHS Athletics Director Peter Shanahan to discuss cell tower rental at the Haverhill Stadium.

PLACED ON FILE & REFERRED to MAYOR 127-Z

Communication was received from Councillor Hart requesting to discuss problems in the recent City Election and possible corrective actions.

PLACED ON FILE and REFERRED to MAYOR 154

Communication was received from Councillor DesMarais requesting a discussion regarding City property declared surplus on West Lowell av; Map 588, Block 422, Lot 3A. 54-N

HEARING

Hearing was held on Document 150, Tax Classification for 2006. Speaking to the issue were Salvatore Ambra, James Michitson, Arthur Michitson, Jeff Linnehan, Tom Caruso, Sally Cerasuolo O’Rorke and Anthony Maccario.

HEARING CLOSED 150

UNFINISHED BUSINESS

Document 149 ORDERED: That the Mayor is authorized to execute a certain easement relative to real property located on Route 121 Main Street as further defined on the attached “Route 121 Easement Plan”

On the motion of Councillor Ryan that the document be amended as follows: by deleting the original grant of easement and by substituting in place thereof the grant of easement contained in the November 22, 2005 memo from the City Solicitor, 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 149

Document 149-B ORDERED: That the Water and Wastewater Divisions are hereby authorized to continue to provide water and sewer services to the Stateline Plaza as required in the judgment of the Essex Probate Court dated February8, 1980 in the matter of Joseph S Durso, et al v. City of Haverhill, Docket No 1084 EQ, same being recorded at the Essex South District Registry of Deeds at Book 7024, Page 153, notwithstanding any change in the physical premises as it may be expanded or improved, so long as demand for such services does not materially increase beyond current annual levels

On motion of Councillor Macek that any and all properties in Mass shall should as part of the plaza, maintain their own water/wastewater services the yeas and nays were as follows:

Yeas,-Councillors Scatamacchia, Hall and Macek 3,Nays,-Councillors Ryan, Daly O’Brien, Fossarelli, Hart, DesMarais and President Michitson 6, and MOTION NOT PASSED

On motion of Councillor Hart that the document be amended as follows: by deleting the above language in its entirety and inserting in place thereof the amended order contained in the November 22, 2005 memo from the City Solicitor, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED

On motion of Councillor Hart that the document be further amended by adding the following: “8. that the location of existing sewer line outside of the water supply premise area as shown on the above referenced plan shall not be built upon or used for any connection outside of the water supply premise area”, 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 149-B

NEW BUSINESS

Councillor Hart introduced Document 54-NN To Wit: ORDERED: That the Haverhill City Council hereby authorizes Mayor James Fiorentini to negotiate the best price possible for the sale of City owned property located on West Lowell Avenue, Assessor’s Map 588, Block 422, Lot 3A to Robert Ahern. The Mayor is also authorized to execute a deed for the sale of same. Further that the proceeds of the sale of this property be deposited into the School Capital Projects Fund.

On motion of Councillor DesMarais that the document be amended by adding after the words “City Council” in the first sentence the following: “to declare surplus the following cited property and”, 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 54-NN

Councillor DesMarais introduced Document 155 To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Noise

PLACED ON FILE for at least 10 days 155

Councillor Scatamacchia introduced Document 153-B To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Zoning Change Boston rd – RR to RH (Farrwood dr/Sterling ln)

PLACED ON FILE for at least 10 days 153-B

Councillor Hall introduced Document 143-B To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Zoning Change Broadway – IP to CH

PLACED ON FILE for at least 10 days 143-B

Councillor Macek introduced Document 142-B To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Zoning Change 755 Main st – CN to CG

PLACED ON FILE for at least 10 days 142-B

Councillor Ryan introduced Document 32-O To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating To Parking 9 Maxwell st – Delete Handicap Parking

PLACED ON FILE for at least 10 days 32-O

Councillor Daly O’Brien introduced Document 150-B To Wit: ORDERED: That the residential factor for fiscal year 2006 be adopted as 160

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

Yeas,-Councillors Ryan, Daly O’Brien, Fossarelli, DesMarais, Hall, Macek and President ichitson 7, Nays,-Councillors Hart and Scatamacchia 2, and PASSED

On motion of Councillor Hall to correct the 160 number the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED

On motion of Councillor Hall that the residential factor be adopted as 0.912409, the yeas and nays were as follows:

Yeas,-Councillors Ryan, Daly O’Brien, Fossarelli, DesMarais, Hall, Macek and President ichitson 7, Nays,-Councillors Hart and Scatamacchia 2, and PASSED 150-B

Councillor Fossarelli introduced Document 150-C To Wit: ORDERED: That the City shall adopt a commercial exemption

NOT PASSED Yeas 0, Nays 9 150-C

Councillor Hart introduced Document 150-D To Wit: ORDERED: That the City Council shall adopt a residential exemption

NOT PASSED Yeas 0, Nays 9 150-D

Councillor DesMarais introduced Document 150-E To Wit: ORDERED: That the City shall select an open space discount factor

NOT PASSED Yeas 0, Nays 9 150-E

Councillor Ryan introduced Document 150-F To Wit: ORDERED: That the City Council of the City of Haverhill hereby accepts the provisions of the Mass General Laws, Chapter 59, Section 5, Clauses 17E and 41D with respect to Permanent acceptance of the annual C.P.I. index increase to the tax exemptions for the elderly

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

Yeas,-Councillors Ryan, Daly O’Brien, Fossarelli, and Hall 4, Nays,-Councillors Hart, DesMarais,Scatamacchia, Macek and President Michitson 5, and NOT PASSED 150-F

Councillor Hall introduced Document 150-G To Wit: ORDERED: That the City Council accept 100% of the C.P.I. (Consumer Price Index) increase reported by the State for F.Y. 2006 Exemptions. The 2006 C.P.I. amount is 2.8%.

PASSED Yeas 9, Nays 0 150-G

Meeting adjourned at 11:20 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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