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June 6, 2006

Meeting of the City Council was held at 7:00 o’clock P.M.

Present,-President Hart, Councillors Hall, Hetel, Swartz, Daly O’Brien, Scatamacchia, Macek, Ryan and Curtin

Records of the last meeting were approved.

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

__________________________

Notice was received from the Mayor of the re-appointment of Karl Hanson to the License Commission. Said appointment effective May 5 2006 and expires on May 31, 2012.

PLACED ON FILE Document : 66-I

PETITIONS

Application was received from Randy Lover for a 2006 Drainlayer license.

GRANTED Yeas 9, Nays 0 Document : 75

Application was received from the HHS Girls Swim Team to hold Tag Days on August 25, 26 & 27, 2006.

GRANTED Yeas 9, Nays 0 Document : 67-B

Application was received from Karen Currier for the Police Relief Association for a Hawker/Peddler license to sell hamburgers, hot dogs, pizza, popcorn, soda and water at the Haverhill Stadium Friday, June 23 rd, 5:00 PM to 9:00 PM and also requests that the fee be waived.

On the question to grant the application with the fee waived, the yeas and nays were as follows:

Yeas,-President Hart and Councillors Hetel, Swartz, Daly O’Brien, Scatamacchia, Macek, Ryan and Curtin 8, Abstain,-Councillor Hall 1, and MOTION PASSED, GRANTED and FEE WAIVED Document : 36-E

Petition was received from Verizon New England and Mass Electric Co requesting a pole location on Groveland rd.

VOTED: that COUNCIL HEARING BE HELD ON JUNE 27, 2006 Document : 76

COMMUNICATIONS

Communication was received from Councillor Hall requesting to present a citation to Eagle Scout Laurence John Najuch III.

PLACED ON FILE Document : 55-R

Communication was received from Councillor Ryan requesting a discussion regarding a possible make up date for the Korean War Veterans Tag Day granted for Friday, June 2, 2006.

On motion of Councillor Ryan that the Korean War Veterans be granted one additional day to solicit in the street, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED and GRANTED

On motion of Councillor Ryan to refer the Korean War Veterans proposal to reconsider the Tag Day Ordinance to Administration and Finance, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED and REFERRED to ADMINISTRATION and FINANCE COMMITTEE Document : 55-S

HEARINGS

Hearing was held on Document 57, a petition from Attorney Don Borenstein, representing Richard Early, Jr. and James Serratore, requesting to alter the existing Vehicular Access Gates on a restricted portion of Brandy Brow road (Docs 98 and 98-B of 1996). With Attorney Borenstein appearing in favor and no one in opposition, the hearing was closed.

HEARING CLOSED Document : 57

UNFINISHED BUSINESS

Document 55-P, a communication was received from Councillor Hall requesting to present a citation to Eagle Scout Shawn Patrick Callahan.

PLACED ON FILE Document : 55-P

MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating to Streets and Sidewalks On motion of Councillor Macek to amend as follows: by adding in Section 222-70 c.1.(a) the word “number” after the word “sticker”, the yeas and nays were as follows:

Yeas 9, Nays 0, and MOTION PASSED and PASSED AS AMENDED Document : 74

NEW BUSINESS

Councillor Curtin introduced Document 57-B To Wit: ORDERED: That the two vehicular control gates currently in place on Brandy Brow Road, installed pursuant to Municipal Council Orders dated June 11, 1996, as Documents 98 and 98-B, be removed subject to the following conditions ...... OR That one of the vehicular control gates currently in place on Brandy Brow Road, being the gate located closest to Route 108, Plaistow, NH, and originally installed pursuant to Municipal Council Order dated June 11, 1996, as Documents 98, be removed, subject to the following conditions:

Conditions of the vehicular gate removal:

  1. The gate removal shall be performed by and at the cost of the petitioning parties, Richard Early, Jr., Trustee of D & D Realty Trust (“D & D”), and James Serratore, General Partner of Fermata Limited Partnership (“Fermata”).
  2. Prior to the gate removal, that section of Brandy Brow Road situated between the two current gate locations, shall be resurfaced accordingly to the specifications of the City Engineer, attached hereto, and in accordance with the Wetlands Order of Conditions previously issued by the Conservation Commission and any amendment or extension thereof. This work shall be performed by and at the cost of D & D and Fermata.
  3. Prior to gate removal, D & D and Fermata shall obtain any watershed district special permit(s), required under the applicable provisions of the Haverhill Zoning Ordinances.
  4. Gate removal shall not occur until an occupancy permit has been issued for at least one new residence having its access by way of the presently gated section of Brandy Brow Road.

On motion of Councillor Curtin that the two vehicular gates currently in place on Brandy Brow Road, installed pursuant to Municipal Council Orders dated June 11, 1996, as Documents 98 and 98-B, be removed, subject to the list of conditions: (see Order) and On motion of Councilllor Daly O’Brien to amend the motion to incorporate conditions 1 thru 4 in the Planning Director’s letter dated June 1, 2006 with the addition of the words “by the City Engineer” in condition 1, after the words “structure” in the third line, and On motion of Councillor Daly O’Brien to restate the amendment minus condition 2, the yeas and nays were as follows:

Yeas,-Councillors Hetel, Swartz, Daly O’Brien, Scatamacchia, Macek, Ryan and President Hart 7, Nays,-Councillors Hall and Curtin 2, and MOTIONS PASSED

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

Yeas,-Councillors Hetel, Swartz, Daly O’Brien, Scatamacchia, Macek, Ryan and President Hart 7, Nays,-Councillors Hall and Curtin 2, and MOTION PASSED, HEARING CLOSED and PASSED AS AMENDED Document : 57-B

Councillor Hall introduced Document 43-D To Wit: ORDERED: That the City of Haverhill accepts the provisions of MGL c.32B, Section 9E regarding Health Insurance Premiums for Retired Employees.

On the motion of Councillor Daly O’Brien to postpone to June 13 2006 , the yeas and nays were as follows:

Yeas,-President Hart and Councillors Hall, Hetel, Swartz, Daly O’Brien, Scatamacchia, Macek, and Curtin 8, Abstain,-Councillor Ryan 1, and MOTION PASSED and POSTPONED to JUNE 13, 2006 Document : 43-D

Meeting adjourned at 9:04 P.M.

Yeas 9, Nays 0

Attest:
Margaret A. Toomey
City Clerk

 
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Office of the Mayor
City of Haverhill, Massachusetts
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