City of Haverhill September 7, 2010

Meeting of the City Council was held at 7:00 o’clock P.M., Room 204.

Present,-President Hart, Councillors Scatamacchia, Young, Hall, LePage, Daly O’Brien, Amirian and Macek.

Absent,-Councillor Ryan.

Records of the last meeting were approved.

Councillor Amirian was appointed to read the records for the present week.
___________________________

The following appointments were made by Mayor Fiorentini:
Robert V Driscoll, 55 N. Broadway, HAVERHILL STADIUM COMMISSION. Effective immediately and expires 9/7/2013.
PLACED ON FILE 43-M

Roy P Wright, 59 Woodland Park Drive, HAVERHILL PLANNING BOARD. Effective immediately and expires 9/7/2015.
CONFIRMED Yeas 8, Absent 1 43-N
Peter Carbone, 48 Colby St., re-appointment. Expires 8/24/2015.
CONFIRMED Yeas 8, Absent 1 43-O

Robert P Pistone, 29 Lyons Farm Rd., HAVERHILL BOARD OF APPEALSre-appointment. Expires 8/24/2013.
CONFIRMED Yeas 8, Absent 1 43-P

PETITIONS

Applications for Tag Days were received from:

• HHS Field Hockey, October 10 & 11 GRANTED Yeas 8, Absent 1 29-U
  
• HHS Girls Basketball, November 2 GRANTED Yeas 8, Absent 1 29-V

Application was received for Permit from David LaBrode to hold
Road Race/Walk from Lasting Room, 122 Washington st; Saturday,
October 10, 11:00 am to 1:00 pm
GRANTED Yeas 8, Absent 1 33-F

Petition was received from James Jajuga with hosts Greater Haverhill Chamber of Commerce Community Support Committee andTrinity EMS announcing 7th Annual Italian Festival; onSun. Sept. 26 - 12 noon to 4:00 pm in downtown Haverhill on the Riverwalk in the parking lot behind The Tap on Washington st; and also would like approval of several related requests. GRANTED Yeas 8, Absent 1 93

Application was received for 2010 Drainlayer license from James MacKay.GRANTED Yeas 8, Absent 1 81-G

On motion of Councillor Hall to suspend the rules for a one day liquor license at Winnekenni Castle. Yeas 8, Absent 1 34-L

Application from Melissa Archer for wedding at Winnekenni Castle on Sept.18 GRANTED Yeas 8, Absent 1 34-L

Petition was received from Attorney Paul Magliocchetti representing Duane Skofield/Skofield Builders requesting City accept Monmouth st
as a Public Way. REFERRED TO PLANNING BOARD & COUNCIL HEARING TO BE HELD OCT 5 94

COMMUNICATIONS

Communication was received from Councillor Hall requesting a discussion regarding a handicap parking space at 3 Dexter st.
REFERRED TO PUBLIC SAFETY COMMITTEE Yeas 8, Absent 1 85-N

Communication was received from Councillor LePage requesting a discussion regarding the Department of Energy Resources Green Communities Grant Program.

PRESENTATION BY JOANNE BISSETTA PROMOTING RENEWABLE ENERGY RESOURCES &
GRANT ELIGIBILITY. REFERRED TO MAYOR * 85-O

HEARINGS

Document 55 – Application for Special Permit from Attorney William Early for owners D & D Realty Trust and Carl & Aida Khalil for property located on Orchard st; to construct 4, 4-unit buildings (16 total) each 3 bedrooms. Related communication was received from Attorney Early requesting on behalf of applicants to Postpone Hearing to October 5, 2010. POSTPONED TO OCTOBER 5 Yeas 8, Absent 1 55

Hearing was held on Document 74, an application from Attorney James Waldron for applicant Maples Associates Limited Partnership requesting
Modification of Special Permit granted to Lincoln Maples Associates Inc; Document 220-1988 to construct a multi-family development off of
Primrose st at 10 Primrose Way. With Attorney James Waldron appearing in favor and no one in opposition, the hearing was closed.
HEARING CLOSED AND MODIFICATION GRANTED. Yeas 8, Absent 1 74

UNFINISHED BUSINESS

MUNICIPAL ORDINANCE CHAPTER An Ordinance relating to (Bus Zone/No Parking) Bus Zone Parent Drop Off/Pick Up only, North Avenue
West side from crosswalk at the Walnut Square School, South for 95 feet, and West side from crosswalk at the Walnut Square School, North for 80 feet. (see document for complete text)

On motion of Councillor Daly O'Brien to amend the document by substituting the attached revised ordinance addressing North Ave and West side.
MOTION PASSED Yeas 8, Absent 1 and PASSED AS AMENDED Yeas 8, Absent 1 11-B
MUNICIPAL ORDINANCE CHAPTER

An Ordinance relating to (Bus Zone/No Parking) Bus Zone Parent Drop Off/Pick Up only, Main Street West side from crosswalk at the Walnut Square School, East side from crosswalk at the Walnut Square School, South for 125 feet. On motion of Councillor Daly O'Brien to amend the document by substituting the attached revised ordinance addressing Main St and East side MOTION PASSED Yeas 8, Absent 1 and PASSED AS AMENDED Yeas 8, Absent 1 11-C

ORDERED: That $44,090.00 is appropriated to conduct the first phase of engineering analysis required for certification of the City's flood wall system pursuant to 44 CFR 65.10; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $44,090.00 under Chapter 44 of the General Laws or any other enabling legislation; that the Mayor is authorized to take any other action necessary to carry out this project; and that the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes.
RELATED COMMUNICATION FROM CITY SOLICITOR COX PLACED ON FILE Yeas 8, Absent 1 24-C

MUNICIPAL ORDINANCE CHAPTER An Ordinancerelating to Salaries - Library Group (see document for complete text) PASSED Yeas 8, Absent 1 67-K

MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating to Fire Service Fees - (see document for complete text)
PASSED Yeas 8, Absent 1 91

MUNICIPAL ORDINANCE CHAPTER An Ordinance Relating to Zoning – Inspection Fees for Clerk of the Works (see document for complete text)
PASSED Yeas 8, Absent 1 92

NEW BUSINESS

City Clerk Toomey introduced Document 32-L To Wit: ORDERED: That the sum of $44,090 be appropriated and transferred from the Reserve for CSO Impact Fees to Wastewater Capital Project, Floodwall Engineering.
PASSED Yeas 8, Absent 1 32-L

City Clerk Toomey introduced Document 71-B To Wit: ORDERED: That the Mayor is hereby authorized to direct Department of Public Works to proceed with temporary repairs to the closed vehicular bridges on Whittier rd over Fernside Brook and Millvale rd over the East Meadow River.
PASSED Yeas 8, Absent 1 71-B

City Clerk Toomey introduced Document 22-F To Wit: ORDERED: That the attached list of properties be declared surplus and available for sale. (see document for complete text)
PLACED ON FILE & REFERRED TO NATURAL RESOURCES & PUBLIC PROPERTY COMMITTEE Yeas 8, Absent 1 22-F

City Clerk Toomey introduced Document 95 To Wit: ORDERED: That the Treasurer is authorized to sell the attached list Of properties which were previously declared surplus through public auction. (see document for complete text)
PLACED ON FILE & REFERRED TO NATURAL RESOURCES & PUBLIC PROPERTY COMMITTEE Yeas 8, Absent 1 95

City Clerk Toomey introduced Document 22-F To Wit: ORDERED: That the City Council authorize the Purchasing Department to proceed with final disposition of list of obsolete surplus equipment. (see document for complete text)
PASSED Yeas 8, Absent 1 22-F

City Clerk Toomey introduced Document 71-C To Wit: ORDERED: That the Mayor be and is hereby authorized to enter into and execute an ACCESS EASEMENT AGREEMENT” on behalf of City of Haverhill for purpose of relocating an existing easement serving property located at 98-108 Essex st owned by Lotus Realty, LLC in order to facilitate development and construction of an intermodal parking facility. (see document for complete text)
PASSED Yeas 8, Absent 1 71-C

City Clerk Toomey introduced Document 71-D To Wit: ORDERED: That the Mayor be and is hereby authorized to enter into and execute certain lease agreements entitled “Owner Authorization Agreement” and “Site Lease with Option” on behalf of City of Haverhill with T-Mobil Northeast, LLC for a 50’ x 50’ portion of the premises located at 500 Primrose st (Assessor’s Map 649, Block 611, Lot 2) as described in Document 22-B of 2010. (see document for complete text)
MS SANDRA O'NEIL OBJECTED TO LEASE. *

On the question of passage the yeas and nays were as follows:
Yeas,-Councillors Scatamacchia, LePage Daly O'Brien, Amirian, Macek, and President Hart 6 Nays,-Councillors Young and Hall 2, Absent,-Councillor Ryan 1, and PASSED 71-D

City Clerk Toomey introduced Document 67-L To Wit: MUNICIPAL ORDINANCE CHAPTER An Ordinance relating to Salaries- Water/Wastewater DPW Reorganization: Finance Manager to Business Manager (see document for complete text)
PLACED ON FILE for at least 10 days 67-L

City Clerk Toomey introduced Document 96 To Wit: Ordinance relating to Boards & Commissions Be it ordained by the City Council of the City of Haverhill that Article XIII, Stadium Commission of Chapter 11 of the Code of the City of Haverhill, as amended, is hereby further amended by deleting § 11-64 through § 11-69 in their entirety and inserting the following in place thereof: (see document for complete text) Related communication from the Mayor.
PLACED ON FILE for at least 10 days 96

Councillor Daly O’Brien presented the Minutes of Administration & Finance Committee meeting held on August 17, 2010 regarding Doc. 34-J, application from J. Kelleher for a hawker/peddler license to sell from a fixed location and mobile push cart; Doc. 53-V, request to re-evaluate ordinance regarding hawker/peddler licensing for food carts; Doc. 53-W, discussion regarding the need for an ordinance pertaining to banners being hung promoting events; and Doc. 53-X, discussion regarding the transfer of Waster/water fund for city-side operation to include exploring Enterprise Fund for that dept.
On motion of Councillor Macek to approve the recommendations of the committee to send letter to City Solicitor for language regarding Hawker/Peddlers & banners.
PLACED ON FILE and letter to City Solicitor. Yeas 8, Absent 1 and

On motion of Councillor Macek to approve the recommendation of the committee to send a letter to the Mayor requesting that he engage the services of an outside consultant to perform a detailed analysis of the Water/Wastewater dept. regarding becoming an Enterprise Fund.
PLACED ON FILE and letter to Mayor Yeas 8, Absent 1 40-J

Councillor Macek presented the Minutes of Natural Resources & Public Property Committee meeting held on August 26, 2010 regarding Doc. 85-I, request from Councillor Young to review the ordinance establishing the Stadium Commission. On motion of Councillor Young placed the amended Stadium Commission on file for 10 days.
MOTION PASSED and PLACED ON FILE for at least 10 days. Yeas 8, Absent 1 40-K

Councillor Macek presented the Minutes of Natural Resources & Public Property Committee meeting held on September 1, 2010 regarding the City's past usage of the Water Supply Fee Account. The Committee recommended that the funds needed for the analysis for certification of the City's flood wall system be taken from the CSO account.
PLACED ON FILE 40-L
* INDEX - Doc. 85-O - Handout - Green Communities Power Point presentation; Doc. 71-D - Handout from Ms. O'Neil

Meeting adjourned at 8:44 o’clock P.M. Yeas 8, Absent 1

Attest:
Margaret A Toomey
City Clerk