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June 26, 2007

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

Present,-President Hart, Councillors Hall, Hetel, Swartz, Scatamacchia, Macek, Ryan and Curtin

Absent,-Councillor Daly O’Brien

Records of the last meeting were approved.

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

_______________________

Communication was received from Mayor Fiorentini requesting to address Council regarding the Budget and the Municipal Partnership Act and also submitting a Resolution in Support of the Municipal Partnership Act for adoption. 24-I

On the question of adoption the yeas and nays were as follows:

Yeas,-Councillors Hetel, Swartz, Scatamacchia, and President Hart 4, Nays,-Councillors Hall, Macek, Ryan and Curtin 4, Absent,-Councillor Daly O’Brien 1, and NOT PASSED and RESOLUTION FAILS 24-I

Notice was received from the Mayor of the appointment of William Cox Jr as City Solicitor. Said appointment to expire December 31, 2007.
PLACED ON FILE 64-D

Notice was received from the Mayor of the appointment of William Faraci as Assistant City Solicitor. Said appointment to expire December 31, 2007.
PLACED ON FILE 64-E

Notice was received from the Mayor of the appointment of Mary E Roy as Treasurer & Collector. Said appointment to expire December 31, 2007.
PLACED ON FILE 64-F

Notice was received from the Mayor of the appointment of Kathleen LaRoque to the Energy Task Force.
PLACED ON FILE 64-G

Notice was received from the Mayor of the appointment of Christopher Donovan to the Energy Task Force.
PLACED ON FILE 64-H

PETITIONS

Application for license was received from:

  • David LeDoux, AMR 101 Winter st 5 Limousines

GRANTED Yeas 8, Absent 1 66-E

Application for Tag Days was received from:

  • Haverhill Youth Hockey November 17th & 18th

GRANTED Yeas 8, Absent 1 41-I

Applications for Hawker/Peddler license were received from the following:

  • a.Sharon Dussault, to sell hot dogs, chili, soda, lemonade, iced tea & snacks at GAR Park, Sunday-Saturday, 9AM-9PM July 1-December 31.
    • GRANTED Yeas 8, Absent 1 17-F
  • b.Jonathan Lewis, to sell hot dogs, chips, soda, water& chili at Winnekenni area Route 110, Sunday-Saturday, 10AM-3:30PM.
    • GRANTED Yeas 8, Absent 1 17-G
  • c.Guy Cooper, to sell hamburgers, hot dogs and soda at the Stadium, June 29th, 5PM-9PM for the “Haverhill Police Relief Association”, and requests fee be waived.
    • GRANTED and FEE WAIVED Yeas 8, Absent 1 17-H

Applications were received for Handicap Parking Signs from:

  • a. Perry & Joyce Crockett for 35 Arch av
    PLACED ON FILE and REFERRED to PLANNING 3-N
  • b. Eva A Espinosa for 39 Freeman st
    PLACED ON FILE and REFERRED to PLANNING 3-Oz

Communication was received from Gerald Cannon requesting to address the Council regarding late-night hours for his Hawker/Peddler cart in Washington sq. On motion to allow Mr Cannon to operate under the maximum allowable hours up to 3:00 AM if allowed by Ordinance, the yeas and nays were as follows:
Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Macek, Ryan, Curtin and President Hart ???? 7, Nays,-???? Absent,-Councillor Daly O’Brien 1, and MOTION PASSED and APPROVED AS AMENDED 17-DD

Petitions were received for Joint Pole locations from Verizon & MA Electric Co for:

  • a. Chick Avenue
    VOTED: that Hearing be held July 24 70
  • b. Boston Road
    VOTED: that Hearing be held July 24 71
  • c. High Street
    VOTED: that Hearing be held July 10 72
  • d. Blaisdell & Marshall Street
    VOTED: that Hearing be held July 10 73

Petition was received from Human Services Director Vincent Ouellette, requesting to hang a banner from June 27th thru July 5th at South Main st, announcing annual July 4th Celebration with fireworks being held Tuesday, July 3rd, 10:00 PM.
GRANTED Yeas 8, Absent 1 55-C

COMMUNICATIONS

Communication was received from Councillor Hall requesting a discussion regarding removal of a handicap parking sign on south side of Locke st at the corner of Essex st.
PLACED ON FILE and REFERRED to PLANNING Yeas 8, Absent 1 49-U

Communication was received from Councillor Hall requesting a discussion regarding the commercial parking at the Haverhill Bank municipal parking lot.
PLACED ON FILE and REFERRED to PUBLIC SAFETY Yeas 8, Absent 1 49-V

Communication was received from Councillor Scatamacchia requesting a discussion regarding a one way sign at the intersection of Westchester dr and Newton rd.
PLACED ON FILE and REFERRED to TRAFFIC & SAFETY Yeas 8, Absent 1 49-W

Communication was received from Councillor Macek requesting to introduce Fran Bevilacqua to discuss problems related to City land purchase.
PLACED ON FILE and REFERRED to NATURAL RESOURCES & PUBLIC
BUILDINGS COMMITTEE Yeas 8,Absent 1 49-X

HEARINGS (M.G.L. Ch. 166)

Hearing was held on Document 67, a petition for a joint pole location from Verizon & MA Electric Co at Neck rd. With Joseph Gleason appearing in favor and William Copeland and
Joseph Godfrey appearing in opposition the hearing was closed.
HEARING CLOSED 67

Hearing was held on Document 68, a petition for a joint pole location from Verizon & MA Electric Co at Shepherd st. With Joseph Gleason appearing in favor and Eva Valentine
Copeland and Justin Scatamacchia appearing in opposition the hearing was closed.
HEARING CLOSED 68

HEARINGS

Hearing was held on Document 36-B, an application for Chapter 40R Downtown Smart Growth Overlay District from Forest City Residential Inc for development of 109 Essex st; LH Hamel Leather Complex (Haverhill Mills) for 306 units used as rental housing. With Attorney Robert Harb, George Krause, Doug Arsham and Frank Valdez appearing in favor and no one in
opposition, the hearing was closed. (See 40R Waivers and Findings Attachment)

On motion of Councillor Hall to grant Waiver # 1 re relief of density requirements in Subzone C, the yeas and nays were as follows:
Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Macek, Ryan and President Hart 7, Nays,-Councillor Curtin 1, Absent,-Councillor Daly O’Brien 1, and MOTION PASSED and WAIVER GRANTED

On motion of Councillor Hall to grant Waiver # 2 re relief of density requirements in Subzone D, the yeas and nays were as follows:

Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Macek, Ryan and President Hart 7, Nays,-Councillor Curtin 1, Absent,-Councillor Daly O’Brien 1, and MOTION PASSED and WAIVER GRANTED

On motion of Councillor Hall to grant Waiver # 3 re relief of the design standard requiring mixed use with first floor restricted to allow nonresidential uses on street frontage in Zone D, the yeas and nays were as follows:

Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Macek, Ryan and President Hart 7, Nays,-Councillor Curtin 1, Absent,-Councillor Daly O’Brien 1, and MOTION PASSED and WAIVER GRANTED

On motion of Councillor Hall to grant Waiver # 4 re waiver for relief of this design standard regarding height of 6 stories in Zone D, the yeas and nays were as follows:

Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Macek, Ryan and President Hart 7, Nays,-Councillor Curtin 1, Absent,-Councillor Daly O’Brien 1, and MOTION PASSED and WAIVER GRANTED

On motion of Councillor Hall to grant REQUESTED FINDING # 1 re total number of bedrooms in Affordable Housing, the yeas and nays were as follows:

Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Macek and Ryan 6, Nays,-Councillors Curtin and President Hart 2, Absent,-Councillor Daly O’Brien 1, and MOTION PASSED and REQUESTED FINDING GRANTED

On motion to pass as stated, the yeas and nays were as follows:
Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Macek, Ryan and President Hart 7, Nays,-Councillor Curtin 1, Absent,-Councillor Daly O’Brien 1, and MOTION PASSED and HEARING CLOSED and 40R WAIVERS and FINDINGS, AND, 40R PLAN APPROVAL DECISION PASSED AND ALLOWED 36-B

Communication was received from Planning Director William Pillsbury submitting Resolution for adoption – designating Forest City location on Locust, Essex & Duncan st as an Economic Opportunity Area; an Urban Center TIF zone; and authorization to submit an Urban center-TIF plan (see Document 36-BB for complete text)

On the question of passage the yeas and nays were as follows:
Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Macek, Ryan and President Hart 7, Nays,-Councillor Curtin 1, Absent,-Councillor Daly O’Brien 1, and RESOLUTION ADOPTED 36-BB

UNFINISHED BUSINESS

Document 14-N MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating to Parking
43 Jackson st, DELETE Handicap Parking
PASSED Yeas 8, Absent 1 14-N

NEW BUSINESS

Councillor Swartz introduced Document 67-B An Order Granting: Permission to Verizon & MA Electric Co for a joint pole location on Neck rd. (Located in Book of Location Orders)

On the question of postponing the yeas and nays were as follows:
Yeas,-Councillors Hall, Hetel, Scatamacchia, Ryan, and President Hart 5, Nays,-Councillors Swartz, Macek and Curtin 3, Absent,-Councillor Daly O’Brien 1, and POSTPONED to JULY 24 2007 67-B

Councillor Swartz introduced Document 68-B An Order Granting: Permission to Verizon & MA Electric Co for a joint pole location on Shepherd st. (Located in the Book of Location Orders)
Councillor Scatamacchia recused himself On the question of postponing the yeas and nays were as follows:

Yeas,-Councillors Hall, Hetel, Swartz, Macek, Ryan, Curtin and President Hart 7, Absent,-Councillor Daly O’Brien & Scatamacchia 2, and POSTPONED to JULY 24 2007 68-B

Councillor Scatamacchia introduced Document 44-G To Wit: ORDERED: Authorize Mayor to sign “Agreement” on behalf of City with Merrimack Valley Regional Transit Authority for lease
of premises at Washington sq. (see Document 44-G for complete text)
PASSED AS AMENDED Yeas 8, Absent 1 44-G

Councillor Macek introduced Document 13-H To Wit:ORDERED: Transfer $622,190 to/from various accounts to close out FY07 (see Document 13-H for complete text)
PASSED Yeas 8, Absent 1 13-H

Councillor Ryan introduced Document 13-I To Wit: ORDERED: Appropriate $124,000 from Stabilization and Transfer to Veterans Cash Payments
PASSED Yeas 8, Absent 1 13-I

Councillor Curtin introduced Document 13-J To Wit: ORDERED: Appropriate $2,600,000 from Hospital Aid Revenue and Appropriate $600,000 from 40R Smart Growth and Transfer
$3,200,000 into Stabilization
PASSED Yeas 8, Absent 1 13-J

Councillor Hall introduced Document 13-K To Wit: ORDERD: Appropriate $49,506.35 and Transfer to Danrich Court Capital Account to complete work related to Danrich ct off Jericho rd from funds surrendered by development performance bond
PASSED Yeas 8, Absent 1 13-K

Councillor Hetel introduced Document 74 To Wit: ORDERED: Fiscal year 2008 – Appropriate/Raise $133,842,838 from various categories and funded in following manner:

  • $303,381 Water Receipts
  • $188,014 Wastewater Receipts
  • $190,000 Sale of Real Estate
  • $145,000 Overlay Surplus
  • $133,842,838 Taxation & Other Receipts

PASSED Yeas 8, Absent 1 74

Councillor Swartz introduced Document 74-B To Wit: ORDERED: Fiscal Year 2008 Budget – Appropriate $3,200,000 from Stabilization and Transfer $2,600,000 to Hospital Debt and Transfer $600,000 to Group Insurance

On the question of passage, the yeas and nays were as follows:
Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Ryan, Curtin and President Hart 7, Nays,-Councillor Macek 1, Absent,-Councillor Daly O’Brien 1, and PASSED 74-B

Councillor Hetel introduced Document 74-C To Wit: OREDERED: Fiscal Year 2008 Budget – Appropriate/ Raise $1,202,970 & Transfer into Stabilization
PASSED Yeas 8, Absent 1 74-C

Councillor Scatamacchia introduced Document 74-D To Wit: ORDERED: Water Budget 2008 – Appropriate $7,001,733 to operate Water Dept and $6,894,946 to come from Water revenue, $410,168 to come from Water available fund balance and Appropriate $303,381 in the
general fund from Water receipts On the question of passage, the yeas and nays were
as follows:
Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Ryan and President Hart 6, Nays,-Councillors Macek & Curtin 2, Absent,-Councillor Daly O’Brien 1, and PASSED 74-D

Councillor Macek introduced Document 74-E To Wit: ORDERED: Wastewater Budget 2008 – Appropriate $7,070,602 to operate Wastewater Dept for items marked as appropriations
and $5,695,664 to come from Wastewater Revenue, $562,952 to come from Wastewater Available fund balance and Appropriate $188,014 in the General Fund and funded from Wastewater receipts On the question of passage, the yeas and nays were
as follows:
Yeas,-Councillors Hall, Hetel, Swartz, Scatamacchia, Ryan and President Hart 6, Nays,-Councillors Macek & Curtin 2, Absent,-Councillor Daly O’Brien 1, and PASSED 74-E

Councillor Ryan introduced Document 75 To Wit:ORDERED: Authorization of Recreation and Parks Revolving Fund (see Document 75 for complete text)
PASSED Yeas 8, Absent 1 75

Councillor Curtin introduced Document 75-B To Wit: ORDERED: Authorization of Citizen Center Rental Account Revolving Fund (see Document 75-B for complete text)
PASSED Yeas 8, Absent 1 75-B

Councillor Hall introduced Document 75-C To Wit: ORDERED: Authorization of Wood School Daycare Revolving Fund (see Document 75-C for complete text)
PASSED Yeas 8, Absent 1 75-C

Councillor Hetel introduced Document 75-D To Wit: ORDERED: Authorization of the Veteran’s Memorial Skating Rink Revolving Fund (see Document 75-D for complete text)
PASSED Yeas 8, Absent 1 75-D

Councillor Swartz introduced Document 75-E To Wit: ORDERED: Authorization of the Crowell School Daycare Revolving Fund (see Document 75-E for complete text)
PASSED Yeas 8, Absent 1 75-E

Councillor Scatamacchia introduced Document 75-F To Wit: ORDERED: Authorization of the Council on Aging Account Revolving Fund (see Document 75-F for complete text)
PASSED Yeas 8, Absent 1 75-F

Councillor Scatamacchia introduced Document 75-G To Wit: ORDERED: Authorization of the Haverhill Parking Commission Revolving Fund (see Document 75-G for complete text)
PASSED Yeas 8, Absent 1 75-G

City Clerk Toomey introduced Document 76 To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating to Revisions to the Code of the City of Haverhill
PLACED ON FILE for at least 10 days 76

City Clerk Toomey introduced Document 38-B To Wit MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating to Heavy Commercial Vehicles re: Fairmount av & Newton av
PLACED ON FILE for at least 10 days 38-B

City Clerk Toomey introduced Document 14-O To Wit MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating to Parking, 23 Arch av DELETE Handicap Parking
PLACED ON FILE for at least 10 days 14-O

Councillor Daly O’Brien to submit the Minutes of the Administration & Finance Committee Meeting Held on June 19.
POSTPONED to JULY 10 2007 Yeas 8, Absent 1 19-K

Meeting adjourned at 10:25 o’clock P.M.

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
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