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City of Haverhill
City Council Minutes

Tuesday, October 30, 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 minutes.

3. Communications from the Mayor

No Schedule
PRESIDENT MICHITSON ASKED THAT ITEM 5 BE PLACED ON THE TABLE. HE STATED THAT DUE TO HIS WORK SCHEDULE HE WOULD HAVE TO RESIGN AS PRESIDENT EFFECTIVE IMMEDIATELY.

CITY CLERK TOOMEY READ CITY COUNCIL RULE 7, VACANCY IN THE OFFICE OF PRESIDENT OR VICE PRESIDENT, WHICH STATES THAT THE VICE PRESIDENT SHALL ASSUME THE DUTIES OF THE PRESIDENT. SHE THEN ADMINISTERED THE OATH TO ROBERT H. SCATAMACCHIA.

NOMINATIONS WERE OPEN FOR VICE PRESIDENT BY PRESIDENT SCATAMACCHIA.
ON MOTION OF COUNCILLOR MARY ELLEN DALY O’BRIEN TO NOMINATE MICHAEL J. HART AS VICE PRESIDENT, SECOND BY JOHN A. MICHITSON. YEAS 9, NAYS 0

CITY CLERK TOOMEY ADMINISTERED THE OATH TO VICE PRESIDENT MICHAEL J. HART.

On motion of Councillor Ryan to suspend the rules to have the Mayor give the Council an update with
regards to Hurricane Sandy.
PASSED Yeas 9, Nays 0
MAYOR FIORENTINI STATED THAT THERE ARE STILL 2,801 CUSTOMERS WITHOUT SERVICE.
FEES WILL BE WAIVED AT THE HIGHWAY DEPT. ON PRIMROSE STREET FOR DROP OFF OF DEBRIS, TREES AND BRUSH BETWEEN OCT. 31 THRU NOV. 3.

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

Hearing was held on Document 94, a petition from Verizon New England Inc and Mass Electric Co requesting permission for Joint Pole Location for Rosemont st, plan 739. With Joseph Gleason from Verizon appearing in favor and no one in opposition, the hearing was closed. 94

Document 94B
ORDERED: Order granting Verizon New England Inc and Mass Electric Co a Joint Pole Location to for Rosemont st (see document for complete text) GRANTED Yeas 9, Nays 0 94-B

5. Appointments

Confirming Appointments:
No Schedule

Non-Confirming Appointments:
No Schedule

Resignations:
John A. Michitson submits resignation as President of the City Council effective immediately.
PLACED ON FILE 77-R

6. Petitions

Petitions:
No Schedule

Applications:
No Schedule

Annual License Renewals:
No Schedule

7. Hearings and Related Orders

Document 87
Hearing requested for further deliberation and consideration per: Land Court Remand Order of August 29, 2012: John Giordano v. Haverhill City Council Docket No. 11 MISC 453400 ; Document 100/2010; Special Permit to Build a single family residence Within 500’ of a Water Supply at 90 Amesbury rd; Assessor’s Map 465, Block 3, Lot 2A – Denied by City Council on August 23, 2011

ATTORNEY JAMES SENIOR REPRESENTED MR. JOHN GIORDANO, WITH MARK WEISS AND JOHN GIORDANO SPEAKING IN FAVOR WITH KING DAVIS SPEAKING IN OPPOSITION. HEARING CLOSED.
On Motion of Councillor Macek to amend the special permit by adding the conditions as recommended by the Conservation Commission in a letter dated Oct. 26, 2012.
PASSED Yeas 9, Nays 0

On motion of Councillor Macek to further amend by referencing the letter of conditions from Robert Moore, Jr. dated June 28, 2011, item #5, (or item #6 in above letter) to add the words at the end of the sentence “or holding tank or tanks”. Also, “all water services for the property shall be obtained from connections to the Haverhill Municipal water system”.
Further, the dwelling size not to exceed 30x100 and the outbuilding not to exceed 16x30. No other construction shall be allowed without approval from the City Council and any other permitted SC use including secondary buildings or the keeping of any large animals such as horses, cows, swine or farm animals.
Reference to June 28, 2011 letter above, item #13, add “All paved travel ways, driveways, walkways, and patios shall be constructed with pervious materials, such as porous pavement, concrete pavers, or like materials.” Also, item #14, add, “the applicant shall make every effort to remove winter sand from the pervious paved areas”.
Further, letter dated Oct 26, 2012, #15, strike “for the purpose of lawn maintenance.
All special permit conditions be recorded at the Registry of Deeds.
Also add, “should any of the conditions be determined to be unenforceable, or illegal in whole or in part, that shall not effect any of the other conditions. The conditions may only be altered or deleted with a six vote approval of the City Council”.
PASSED Yeas 9, Nays 0

Motion to approve special permit as amended.
On the question of passage the yeas and nays were as follows:
Yeas,-Councillors Hart, Sullivan and President Scatamacchia 3, Nays,-Councillors Michitson, Ryan, McGonagle, Macek, LePage, Daly O’Brien 6 and NOT PASSED 87

8. Motions and Orders

ORDERED: That the City Council authorizes the Purchasing Department to proceed with the final disposition of the following list of obsolete surplus equipment (see document for complete text)
PASSED Yeas 9, Nays 0 100

ORDERED: That the sum of $2,500 be transferred from the General Fund Budget Reserve to the General Fund Account, Police Department Expense for the purpose of a Gun Buy-Back Program.
MAYOR FIORENTINI STATED THAT HE WORKED WITH THE PUBLIC SAFETY COMMISSIONER TO DESIGN THIS PROGRAM. THERE IS A DOLLAR VALUE ASSOCIATED WITH THE TYPE OF FIREARM TURNED IN. THE DONOR WILL RECEIVE A GIFT CERTIFICATE TO MARKET BASKET. PASSED Yeas 9, Nays 0 16-Q

9. Unfinished Business of preceding Meetings

Document 76-Q
Communication was received from Councillor Hart requesting to submit the recommendations of the Traffic & Safety Committee held October 17 2012.
PLACED ON FILE 76-Q

Document 95
Petition was received from Tracy Fuller, Haverhill YMCA Executive Director, requesting all
permitting fees be waived for construction of their Wadliegh House Project, which is a 22 unit affordable housing project.
MS. FULLER STATED THAT SHE IS WORKING WITH THE CITY TO SEE IF THERE ARE MONIES AVAILABLE TO ASSIST WITH THE CONSTRUCTION. SHE RESPECTFULLY ASKED TO HAVE HER REQUEST WITHDRAWN.
ON MOTION OF COUNCILLOR MACEK TO WITHDRAW REQUEST WITHOUT PREJUDICE.
LETTER TO SOLICITOR COX ASKING FOR HIS LEGAL OPINION ABOUT THE ABILITY OF THE COUNCIL TO WAIVE FEES GRANTED Yeas 9, Nays 0 95

On motion of Councillor Macek to suspend the rules to place on file proposed ordinances submitted by Mayor Fiorentini Yeas 9, Nays 0

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, as amended, is hereby further amended by adding the following:

§240-59. Designation of snow emergency routes; parking restrictions.

“C. Whenever such an extreme snow emergency is declared by the Mayor and the Superintendent of Highways, they shall have caused announcement thereof by the use of available news and other media, they may temporarily suspend, in whole or in part, the parking fees, rates and terms as established in §240 – 108 for municipal parking lots, as defined in §240 – 88, Schedule E, or, on streets and ways, as defined in §240 – 85, Schedule B, all of which are included on the Central Business District Parking Map, for any necessary periods of time after the Mayor and Superintendent of Highways have declared, in writing, an extreme snow emergency. Said writing is to be time coded and filed with the Police Department forthwith. Any such temporary suspension of the parking fees, rates and terms shall be prominently posted at all affected locations. The parking fees, rates and terms shall be restored to those fixed by ordinance as soon as the Mayor and Superintendent of Highways deem it is safe to do so.”
PLACED ON FILE for at least 10 days 99-D

MUNICIPAL ORDINANCE CHAPTER 11 AN ORDINANCE RELATING TO THE CENTRAL BUSINESS DISTRICT PARKING COMMISSION
Be it ordained by the City Council of the City of Haverhill that the Code of the City of Haverhill, Chapter 11, §70, as amended, is hereby further amended as follows:

§11-72. Powers, duties and responsibilities generally.

By adding the following at the end of subsection B.:
“Notwithstanding any other provisions of this Code, the Commission may specify which parking spaces within any municipal parking lot are classified as either a paid parking or permit parking space, subject to the public hearing requirements in subsection F below, with any changes from the current configuration to be noted on the most recent Central Business District Parking Map. Any such determination shall take effect for a period not to exceed forty-five (45) days upon passage by the Parking Commission and have the same force and effect as if enacted as an ordinance. The Parking Commission shall submit any such changes to the City Council within forty-eight (48) hours of approval. The City Council shall place the changes approved by the Commission on their next regularly scheduled meeting as an Order. If the Council and Mayor approve the Order, the changes shall become permanent, or, if the Council and Mayor does not approve the Order then the changes shall expire at the end of the forty-five (45) day period.”
PLACED ON FILE for at least 10 days 99-E

10. Communications and Reports from City Officers and Employees

Monthly Reports:
No Schedule

Communications from Councillors:
Communication was received from Councillor Scatamacchia requesting a discussion about establishing a Commission for the Veterans Memorial Skating Rink.
PLACED ON FILE and REFERRED TO ADMINISTRATION & FINANCE COMMITTEE Yeas 9, Nays 0 76-R

Communication was received from Councillors Macek and LePage requesting to discuss the Route 125, South Main st, reconstruction project.
COUNCILLOR MACEK STATED HE ATTENDED A MASS DOT MEETING WITH COUNCILLOR LEPAGE. INITIALLY MASS DOT WAS GOING TO DENY THE REQUEST TO LEAVE S. CENTRAL STREET TWO WAY TRAFFIC. THEY ARE GOING TO REQUEST ADDITIONAL DATA AND REPORT THEIR FINDING IN 4 TO 6 WEEKS.
PLACED ON FILE 776-S

Communications from City Officers and Employees:
Communication was received from Stephen Gullo, Tax Assessor, for the Board of Assessors for the Tax Classification Hearing FY 2013
HEARING SCHEDULED FOR NOV 13 2012 101

11. Resolutions and Proclamations

No Schedule

12. Council Committee Reports and Announcements

No Schedule

Meeting adjourned at 8:40 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
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