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City of Haverhill
City Council Minutes

Tuesday, November 13, 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 Scatamacchia, Councillors Hart, Ryan, McGonagle, Macek, LePage, Daly O’Brien and Sullivan.
Absent – Councillor Michitson
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 Macek was appointed to read the minutes.

3. Communications from the Mayor

Communication was received from Mayor Fiorentini reestablishing the Development and Industrial Commission and appointing the following five non-confirming appointments to this Commission: William Pillsbury, James DiBurro, Kharis Goodridge, John Michitson and Sally Cerasuolo-O’Rorke. Effective immediately.
PLACED ON FILE 77-S

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

Document 98, Petition was received for Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for Meadow Lane. There was a related request from Robert Grassia, Right of Way Manager, on behalf of Verizon Engineering Department, formally requesting to withdraw Verizon petition #738 Meadow Lane without prejudice for the placement of 1 pole. Hearing was not opened.
MOTION TO WITHDRAW WITHOUT PREJUDICE.
GRANTED Yeas 8, Nays 0, Absent 1 98

Document 98B
ORDER: Order granting Joint Pole Location to Verizon New England Inc and Mass Electric Co for Meadow Lane. MOTION TO WITHDRAW WITHOUT PREJUDICE. (see document for complete text)
GRANTED Yeas 8, Nays 0, Absent 1 98-B

5. Appointments

Confirming Appointments:
No Schedule

Non-Confirming Appointments:
Charles Kozlowski was appointed to the Mayor’s Downtown Master Committee. Effective immediately.
PLACED ON FILE 77-T

6. Petitions

Petition was received for Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for South Prospect Street; Plan #709
COUNCIL HEARING TO BE HELD DEC. 4 2012 102

Petition was received for Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for Middlesex st; Plan #798
COUNCIL HEARING TO BE HELD DEC. 4 2012 103

Applications:
Application was received from Paul Abare for Hawker Peddler License for 403 River st for Sunday through Saturday, Nov 20 through Dec 24 from 7:00AM to 9:30PM to sell Christmas trees, wreaths, kissing balls, and decorations GRANTED PENDING POLICE APPROVAL Yeas 8, Nays 0, Absent 1 9-J

Application was received from Milton Russell for Hawker Peddler License for 24 Summer st. Haverhill Elks, Nov 24 through Dec 24, Saturday & Sunday from 9:00AM to 6:00PM, and Monday through Friday, 4:00PM to 8:00PM to sell Christmas trees & wreaths
GRANTED Yeas 8, Nays 0, Absent 1 9-K

Application was received from Tony Forte for Handicap Parking Sign at 197 River st
PLACED ON FILE & REFERRED TO PLANNING Yeas 8, Nays 0, Absent 1 25-H

Annual License Renewals:
No Schedule

7. Hearings and Related Orders

Hearing was held on Document 101, a communication from the Board of Assessors for Tax Classification for fiscal year 2013. Speaking to the issue were Stephen Gullo, David Van Dam, and Sven Amirian. *
HEARING CLOSED 101

ORDERED: That the residential factor for fiscal year 2013 be adopted as:
On motion of Councillor Ryan to adopt number .894408
PASSED Yeas 8, Nays 0, Absent 1 101-B

ORDERED: That the City shall adopt a commercial exemption
NOT PASSED Yeas 0, Nays 8, Absent 1 101-C

ORDERED: That the City shall adopt a residential exemption
NOT PASSED Yeas 0, Nays 8, Absent 1 101-D

ORDERED: That the City shall select an open space discount factor
NOT PASSED Yeas 0, Nays 8, Absent 1 101-E

ORDERED: That the City Council of the City of Haverhill hereby accepts the provisions of the Massachusetts General Laws, Chapter 59, Section 5, Clauses 17E and 41D with respect to Permanent acceptance of the annual C.P.I. index increase to the tax exemptions for the elderly.
NOT PASSED Yeas 0, Nays 8, Absent 1 101-F

ORDERED: That the City Council accepts 100% of C.P.I. (Consumer Price Index) increase reported by the
State for F.Y. 2013 Exemptions. The 2013 C.P.I. amount is 2.65%
PASSED Yeas 8, Nays 0, Absent 1 101-G

8. Motions and Orders

ORDERED: That $6,061,000 is appropriated for the purpose of financing the cost of engineering services and construction related to flood control improvements including improvements to the Merrimack River floodwall, Little River conduit and the Marginal Pump Station including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as most recently amended by St. 1998, c.78 (“Chapter 29C”); that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $6,061,000 and issue bonds or notes therefor under Chapter 44 of the General Laws and/or Chapter 29C; that such bonds or notes shall be general obligations of the City unless the Treasurer with the approval of the Mayor determines that they should be issued as limited obligations and secured by local system revenues as defined in section 1 of Chapter 29C; that the Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution abatement Trust (the “Trust”); and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project.
PLACED ON FILE for at least 10 days 32-D WITH RELATED DOCUMENT
AUTHORITY TO FILE

Whereas, the City of Haverhill, after thorough investigation, has determined that the work activity consisting of engineering services and construction related to flood control improvements including improvements to the Merrimack River floodwall, Little River conduit and the Marginal Pump Station is both in the public interest and necessary to protect the public health, and that to undertake this activity, it is necessary to apply for assistance; and Whereas, the Massachusetts Department of Environmental Protection (the “MassDEP) and the Massachusetts Water Pollution Abatement Trust (the “Trust) of the Commonwealth of Massachusetts, pursuant to Chapter 21 and Chapter 29C of the General Laws of the Commonwealth (“Chapter 21” and “Chapter 29C”) are authorized to make loans to municipalities for the purpose of funding planning and construction activities relative to Water Pollution Abatement Projects; (see document for complete text)
PLACED ON FILE 54-F
ORDERED: That the sum of $164,300 be transferred from the Capital Projects account to the following Capital accounts:
DPW Backup Generator $35,000
DPW Tree Removal $50,000
DPW Emergency Flashing Lights $ 1,500
DPW Sidewalk Repair $25,000
Recreation Playground resurfacing $ 3,000
Recreation Infield Restorations $ 5,000
City Hall Repairs $35,000
Fire Roof Repairs Water St. $ 4,800
Fire Floor Repairs 16th Ave. $ 5,000
PASSED Yeas 8, Nays 0, Absent 1 16-R

ORDERED: That the sum of $2,800 be transferred from the Budget Reserve account to Personnel Salaries for
office floater.
PASSED Yeas 8, Nays 0, Absent 1 16-S

9. Unfinished Business of preceding Meetings

Document 21-L
MUNICIPAL ORDINANCE CHAPTER 240
An Ordinance Relating to Parking 15 Varnum St. - Delete Handicap Parking Space
(see document for complete text)
PASSED Yeas 8, Nays 0, Absent 1 21-L

Document 21-F
MUNICIPAL ORDINANCE CHAPTER 240
An Ordinance Relating to Parking

Limited Parking on South Pleasant Street both sides running from South Main Street on the right side (east or west) to a point just before McDonald’s entrance/exit and on the left side from So. Main St. up to a point just before the first residential home on the left side of South Pleasant Street. (see document for complete text)
PASSED Yeas 8, Nays 0, Absent 1 22-F

Document 99
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 §88, Schedule E: City Parking Lots, as amended, be and is hereby further amended as follows:

Herbert H Goecke, Jr Parking Deck:
By deleting the words and numbers: “as revised on 08/03/2012,” immediately following the words and numbers “Central Business Parking Map dated 08/17/11”, and, by inserting in place thereof the words and numbers: “as revised on 10/09/2012,”.
MOTION TO REFER TO CENTRAL BUSINESS DISTRICT PARKING COMMISSION AND BROUGHT
BACK TO COUNCIL ON DEC. 4, 2012 Yeas 8, Nays 0, Absent 1 99

Document 99-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 §88, Schedule E: City Parking Lots, as amended, be and is hereby further amended as follows:

Essex and Locust Streets Parking Lot:
By deleting the words and numbers: “as revised on 08/03/2012,” immediately following the words and numbers “Central Business Parking Map dated 08/17/11”, and, by inserting in place thereof the words and numbers: “as revised on 10/09/2012,”.
MOTION TO REFER TO CENTRAL BUSINESS DISTRICT PARKING COMMISSION AND BROUGHT
BACK TO COUNCIL ON DEC. 4, 2012 Yeas 8, Nays 0, Absent 1 99-B

Document 99-C
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, be and is hereby further amended as follows:

By adding the following at the end of Chapter 240, §21: “In the service zone located in front of 70 Washington Street, vehicles may park for no longer than fifteen (15) minutes without loading or unloading.”
MOTION TO REFER TO CENTRAL BUSINESS DISTRICT PARKING COMMISSION AND BROUGHT
BACK TO COUNCIL ON DEC. 4, 2012 Yeas 8, Nays 0, Absent 1 99-C

Document 99-D
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.”
PASSED Yeas 8, Nays 0, Absent 1 99-D

Document 99-E
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.”
PASSED Yeas 8, Nays 0, Absent 1 99-E

10. Communications and Reports from City Officers and Employees

Monthly Reports:
Abatement Report was received from Board of Assessors for the month of October 2012
PLACED ON FILE 11-K

Communications from Councillors:
Communication was received from Councillor McGonagle requesting to introduce Colleen McKenna of Haverhill Community Violence Prevention Coalition to speak about an upcoming event.
MS MCKENNA SPOKE ABOUT THE PROGRAMS HCVC IS INVOLVED WITH AND TO HIGHLIGHT THE
8TH ANNUAL CELEBRATION OF PEACE ON DEC. 3, 5:30PM-7:00PM AT 356 WASHINGTON ST. *
PLACED ON FILE 76-T

Request for Reconsideration was received from Councillor Ryan regarding a vote taken at City Council Meeting on October 30, 2012 regarding 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
ON MOTION OF COUNCILLOR RYAN TO RECONSIDER THE VOTE TAKEN ON DOCUMENT 87 AT THE OCTOBER 30, 2012 CITY COUNCIL MEETING. Yeas 8, Nays 0, Absent 1 75-B

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—Further Denied by City Council on October 30, 2012
ON MOTION OF COUNCILLOR RYAN TO APPROVE THE SPECIAL PERMIT WITH CONDITIONS AS STATED AT THE OCTOBER 30, 2012 CITY COUNCIL MEETING.
On the question of passage the yeas and nays were as follows:
Yeas,-Councillors Hart, Ryan, LePage, Daly O’Brien, Sullivan and President Scatamacchia
Nays,-Councillors McGonagle and Macek,
PASSED WITH CONDITIONS Yeas 6, Nays 2, Absent 1 87

Communications from City Officers and Employees:
No Schedule

11. Resolutions and Proclamations

No Schedule

Council Committee Reports and Announcements

No Schedule

On motion of Councillor LePage to suspend the rules to read the Lebanese Independence Day Proclamation.
GRANTED Yeas 8, Nays 0, Absent 1

P R O C L A M A T I O N
Lebanese Independence Day
(see document for complete text)
ADOPTED Yeas 8, Nays 0, Absent 1 23-W

*Doc.101 Handout from Sven Amirian – Tax Rates for border cities and towns

* Doc. 76-T Handout from Colleen McKenna - Biography of Clementina Chery

Meeting adjourned at 9:03 o’clock P.M. Yeas 8, Nays 0, Absent 1

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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