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City of Haverhill
City Council Minutes

Tuesday, September 4, 2012
City Council Chambers

Councilors
John A. Michitson , President
Robert H. Scatamacchia, Vice President
Michael J. Hart
William H. Ryan
Michael S. McGonagle
William J. Macek
Colin F. LePage
Mary Ellen Daly O’Brien
Thomas J. Sullivan

Haverhill City Seal

Weekly Meetings
Tuesdays
7:00 PM

Haverhill City Hall
Room 202
4 Summer St
Haverhill, MA 01830

Agenda

Present – President Michitson, Councillors Scatamacchia, Hart, Ryan, McGonagle, Macek, LePage, Daly O’Brien and Sullivan.

City Clerk – Margaret A. Toomey.

1. Approval of Records of the Previous Meeting

Minutes were approved.

2. Assignment of the minutes review for the next Meeting

Councillor McGonagle was appointed to read the records.

3. Communications from the Mayor

Communication was received from Mayor Fiorentini announcing the creation of a Zoning Code Review Committee with the appointment of the following members:

William D Cox Jr, City Solicitor
Michael Hart, Councillor
William Macek, Councillor
David Van Dam, Chief of Staff
Theodore Xenakis
William Pillsbury, Planning Director
Richard Osborne, Building Inspector

PLACED ON FILE 77-E

Communication was received from Mayor Fiorentini regarding the Order for Purchase & Sale Agreement
for Winter Street School building at 165 Winter st. There was a related communication from City Solicitor William Cox Jr regarding the Order for Sale of property at 165 Winter st.
MAYOR FIORENTINI STATED THAT THE PLANNING OFFICE OF URBAN AFFAIRS, INC. WANTS TO PURCHASE THE PROPERTY AND REHABILITATE IT TO CREATE 12 UNITS OF RESIDENTIAL HOUSING.
PLACED ON FILE 44-O ORDERED: That the Mayor is hereby authorized to execute a Purchase and Sales Agreement with POUA Holdings
LLC for the sale of real property, including the building thereon, located at 165 Winter Street, formerly known as the Winter Street School, located on Assessor’s Map 303, Block 66, Lot 1, containing approximately 0.320 acres, a copy
of which is attached hereto and incorporated herein. The Mayor is also authorized to execute a deed to POUA Holdings LLC, or their assigns, pursuant to the terms of the Purchase and Sales Agreement, and any other documents necessary to effectuate the sale of said real property. (see document for complete text)

ON MOTION OF COUNCILLOR HART TO AMEND THE PURCHASE AND SALES AGREEMENT BY ADDING TO ARTICLE 6, THE LANGUAGE CONTAINED IN SOLICITOR COX’S LETTER DATED AUG. 29, 2012.
“(iii) Buyer shall apply for and receive a comprehensive permit issued by the Board of Appeals for the
redevelopment of the premises.”
AMENDMENT PASSED Yeas 9, Nays 0
PASSED AS AMENED Yeas 9, Nays 0 54-E

4. Utility Hearing(s) and Related Order(s)

No Schedule

5. Appointments

Confirming Appointments:
Mayor Fiorentini re-appointed the following members to the Rocks Village Historic District Commission:
Ray Arsenault, Michael Forehand and David Marchand. Effective immediately, to expire September 4, 2015.
CONFIRMED Yeas 9, Nays 0 77-F
Non-Confirming Appointments:
Mayor Fiorentini appointed Andrew Whittier as an Auxiliary Police Officer, effective immediately.
POSTPONED TO SEPTEMBER 18, 2012 Yeas 9, Nays 0 77-G

Councillor Robert Scatamacchia was appointed to the C.D. Hunking Middle School Building Committee,
effective immediately.
PLACED ON FILE
77-H
September 4, 2012

The following Constables for the City of Haverhill were re-appointed, effective immediately.
Appointments to expire September 4, 2013:
Ronald E. Bertheim
David E. Hall
Gerald A. Sewell
Walter F. Sorenson, Jr.
Steven Ring
Thomas E. Daggett
Joseph M. Gauron
PLACED ON FILE 85

Thomas J Sullivan submitted his letter of resignation as a Commissioner of the Haverhill License Commission, effective August 7, 2012, due to his appointment as a City Councillor.
PLACED ON FILE 77-I

6. Petitions

Petition was received from Janice Williams, Curator of Buttonwoods Museum, 240 Water St, requesting to
hang a banner on the parking garage downtown, on Merrimack St; from November 26th thru December 9th, promoting their annual Festival of Trees event.
POSTPONED TO SEPTEMBER 18, 2012 Yeas 9, Nays 0 10-J

Applications:
Application was received for new 2012 Drainlayer License from William F Dunn.
GRANTED Yeas 9, Nays 0 2-L

Annual License Renewals:
No Schedule

7. Hearings and Related Orders

No Schedule

8. Motions and Orders

ORDERED: That the City appropriates the amount of Eight Hundred Thousand Dollars ($800,000) for the purpose of paying costs of a feasibility study to consider construction of a new Hunking Middle School, or the reconstruction of the existing Hunking Middle School, at 98 Winchester Street, Haverhill, including the payment of all costs incidental or related thereto, and for which City may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of School Committee. To meet this appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to M.G. L. Chapter 44, or pursuant to any other enabling authority. The City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the City and the MSBA.

FURTHER ORDERED: That in connection with the issuance of bonds or notes of the City pursuant to this Order, the Treasurer is authorized to file an application with the appropriate officials of The Commonwealth of Massachusetts (the “Commonwealth”) to qualify under Chapter 44A of the General Laws any and all bonds of the City issued pursuant to this order, and to provide such information and execute such documents as such officials of the Commonwealth may require in connection therewith.
MAYOR STATED THE NEXT STAGE IS TO DO THE FEASIBILITY STUDY WHICH WOULD BE REIMBURSED BY THE STATE AT 72% EVEN IF THE DEBT EXCLUSION FAILS; SECOND STEP IS TO GET ON THE AGENDA FOR THE MASS. SCHOOL BUILDING ASSISTANCE BOARD MEETING ON OCT. 3RD TO AUTHORIZE THE CITY TO GO FORWARD; THIRD STEP IS TO APPOINT A PROJECT MANAGER
PLACE ON FILE for at least 10 days 32-C

MUNICIPAL ORDINANCE CHAPTER 206
An Ordinance Relating to Senior Citizen Tax Incentive Program
Be it Ordained by the City Council of the City of Haverhill that the Code of the City of Haverhill, Chapter 206, as amended, is hereby further amended as follows:

§206-4. Description of program.

By deleting the figure “95” after the words “School Department”, and inserting in place thereof the figure “125”.
Also, by adding the following at the end of this section: “Any qualified senior citizen who is physically unable to provide services may propose a representative to provide such services to the city in their place. The representative must be approved and deemed qualified to provide services by the Human Resources Director.”
PLACE ON FILE for at least 10 days 86

MUNICIPAL ORDINANCE CHAPTER 240
An Ordinance Relating to Parking
131 Webster St.- Establish One Handicap Parking Space (see document for complete text)
PLACED ON FILE for at least 10 days 21-K

9. Unfinished Business of preceding Meetings

MUNICIPAL ORDINANCE CHAPTER
An Ordinance Relating to Salaries Nurses Group
Be it ordained by the City Council of the City of Haverhill that Document 51P of 2005 is hereby amended as follows:
(see document for complete text)
PASSED Yeas 9, Nays 0 79-B

MUNICIPAL ORDINANCE CHAPTER 240
An Ordinance Relating to Vehicles and Traffic
Be it Ordained by the City Council of the City of Haverhill that the Code of the City of Haverhill, Chapter 240-22, Diagonal Parking, is hereby amended as follows: (see document for complete text)
On the question of passage the yeas and nays were as follows:
Yeas,-Councillors Scatamacchia, Hart, Ryan, McGonagle, LePage, Daly O’Brien, Sullivan, President Michitson
Nays,-Councillor Macek
PASSED Yeas 8, Nays 1 82

MUNICIPAL ORDINANCE CHAPTER 240
An Ordinance Relating to Parking
(65 Howard St.- Delete Handicap Parking) (see document for complete text)
PASSED Yeas 9, Nays 0 21-J

10. Communications and Reports from City Officers and Employees

Communication was received from City Clerk Margaret A Toomey submitting information from
Secretary of State’s Office that it is too late to have a Debt Exclusion question placed on the Nov. 6 2012 State Ballot.
PLACED ON FILE 17-E

On motion of Councillor Ryan to suspend the rules to discuss the ordinance relating to soliciting.
PASSED Yeas 9, Nays 0
Councillor Ryan questioned whether the Ordinance regarding soliciting was being adhered to by the Fire Department for the annual Muscular Dystrophy Association collection due to the traffic congestion on Main St.

Monthly Reports:
No Schedule

Communications from Councillors:
No Schedule

11. Resolutions and Proclamations

P R O C L A M A T I O N
Library Card Sign Up Month – September 2012
(see document for complete text)
ADOPTED Yeas 9, Nays 0 23-R

12. Council Committee Reports and Announcements

No Schedule

Meeting adjourned at 7:50 o’clock P.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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