City of Haverhill
City Council Minutes
Tuesday, January 29, 2013
City Council Chambers
John A. Michitson
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 Hall
4 Summer St
Haverhill, MA 01830
Present – President Scatamacchia, Councillors Hart, Michitson, 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 Macek was appointed to read the minutes.
3. Communications from the Mayor
4. Utility Hearing(s) and Related Order(s)
Hearing was held on Document 2, a petition for Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for Mulberry st, Plan 741. With Joseph Gleason from Verizon appearing in favor and no one in opposition the hearing was closed. 2
ORDERED: Order granting Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for Mulberry st, Plan 741(see document for complete text)
ON MOTION OF COUNCILLOR MACEK TO AMEND THE PLAN TO INDICATE PLACEMENT OF POLES ON NORTHLY SIDE. REVISED PLAN TO BE SUBMITTED JAN 30, 2013
PASSED Yeas 9, Nays 0
PASSED AS AMENDED Yeas 9, Nays 0 2-B
Sven Amirian to the Central Business District, effective immediately. Commission to expire Jan 24 2014
CONFIRMED Yeas 9, Nays 0 20-E
Juana Matias to the Board of Registrars
MS. MATIAS INTRODUCED HERSELF.
CONFIRMED Yeas 9, Nays 0 20-F
Mary Ellen McEvoy-Lawlorto the Haverhill Community Action Inc. Board. Effective immediately
to expire Dec 31 2013.
PLACED ON FILE 20-G
Brian Longwell to theCentral Business District
PLACED ON FILE 20-E
Michael LaBonte to the Board of Registrars
PLACED ON FILE 20-F
Petition was received from Attorney Michael Migliori requesting a Special Permit for applicant Miami Stuart Realty, LLC and owner PAM Realty Trust to construct a 60 unit Hotel in the CH Zone on property located on Amesbury Rd (Route 110); Assessor’s Map 459, Block 1, Lot 1
COUNCIL HEARING TO BE HELD FEB 26, 2013 25
The following Applications for 2013 Tag Days were granted:
Haverhill High Ski Team February 15, 16, & 17th 26
HHS Boys Volleyball March 28, 29, & 30th 26B
VFW Post #29 May 24 & 25th 26C
American Legion Post 4 Poppy Days June 20, 21, & 22nd 26D
Haverhill Veteran’s Council August 15, 16, & 17th 26E
Marine Corps League September 26, 27, & 28th 26F
HHS Boys Swim/Dive Team December 13, 14, & 15th26G
GRANTED Yeas 9, Nays 0
Annual License Renewals:
The following Renewals for 2013 Coin-Op Licenses were granted:
Cedarland Amazement Center, 931 Boston rd, 30 Coin-Ops 15R
China King Buffet, 755 Main st, 1 Coin-Op 15S
Chicken Connection, 242 Broadway, 1 Coin-Op 15T
GRANTED Yeas 9, Nays 0
The following Renewals for 2013 Sunday Coin-Op Licenses were granted:
Cedarland Amazement Center, 30 Coin-Ops 16Q
China King Buffet, 1 Coin-Op 16R
Chicken Connection, 1 Coin-Op 16S
GRANTED Yeas 9, Nays 0
Renewals for Drainlayer’s Licenses 2013:
GRANTED Yeas 9, Nays 0 3-M
GRANTED Yeas 9, Nays 0 3-N
7. Hearings and Related Orders
8. Motions and Orders
9. Unfinished Business of preceding Meetings
MUNICIPAL ORDINANCE CHAPTER 36
An Ordinance Relating to Fees and Receipts
Be it Ordained by the City Council of the City of Haverhill that the Code of the City of Haverhill, Chapter 36, as amended, be and is hereby further amended by adding the following:
“§36-6. Checks not duly paid.
If a check in payment of a municipal service rendered or fee or charge imposed, including the School Committee, Board of Health, or the public library trustees, is not duly paid, there may, in addition to any other penalty provided by law, be imposed on the person who tendered such check, upon notice and demand by the city treasurer, a penalty in an amount equal to one percent of the amount of such check; provided, however, that if the amount of such check is less than two thousand five hundred dollars, the penalty under this section shall be twenty-five dollars.
Any person upon whom such a penalty is imposed may appeal to the Massachusetts Commissioner of Revenue who shall abate the same if he determines that such person tendered such check in good faith and with reasonable cause to believe that it would be paid.”
PASSED Yeas 9, Nays 0 17
MUNICIPAL ORDINANCE CHAPTER 66
An Ordinance Relating to Meetings
Be it Ordained by the City Council of the City of Haverhill that the Code of the City of Haverhill, Chapter 66, as amended, be and is hereby further amended by adding the following:
“§66-3. Adoption of Remote Participation.
Remote participation for all meetings of all local public bodies of the City of Haverhill shall be subject to the authorization of the Mayor. The Mayor’s authorization shall be in writing and filed with the City Clerk. All such remote participation shall be conducted in accordance with the requirements of the Attorney General’s Regulations 940 CMR 29.00 and this ordinance. Should any provision of this ordinance conflict with the Attorney General’s Regulations, said regulations shall take precedence over the provisions of this ordinance. The Mayor may revoke adoption of remote participation by filing a written notice of revocation with the City Clerk.
§66-4. Minimum Requirements for Remote Participation.
(a) Members of a public body who participate remotely and all persons present at the meeting location shall be clearly audible to each other;
(b) A quorum of the body, including the chair or, in the chair's absence, the person authorized to chair the meeting, shall be physically present at the meeting location, as required by M.G.L. c. 30A, sec 20(d);
(c) Members of public bodies who participate remotely may vote and shall not be deemed absent for the purposes of M.G.L. c. 39, sec. 23D;
(d) A member may not participate remotely more than six (6) times in a calendar year.
§66-5. Permissible Reasons for Remote Participation.
If remote participation has been adopted by the Mayor, a member of a public body shall be permitted to participate remotely in a meeting, in accordance with the procedures described below, if the chair or, in the chair's absence, the person chairing the meeting, determines that one or more of the following factors makes the member's physical attendance unreasonably difficult:
(a) Personal illness; (b) Personal disability; (c) Emergency;
(d) Military service; or
(e) Geographic distance.
(a) The following media are acceptable methods for remote participation. Remote participation by any other means is not permitted. Accommodations shall be made for any public body member who requires TTY service, video relay service, or other form of adaptive telecommunications.
(i) telephone, internet, or satellite enabled audio or video conferencing;
(ii) any other technology that enables the remote participant and all persons present at the meeting location to be clearly audible to one another.
(b) When video technology is in use, the remote participant shall be clearly visible to all persons present in the meeting location.
(c) The public body shall determine which of the acceptable methods may be used by its members.
(d) The chair or, in the chair's absence, the person chairing the meeting, may decide how to address technical difficulties that arise as a result of utilizing remote participation, but is encouraged, wherever possible, to suspend discussion while reasonable efforts are made to correct any problem that interferes with a remote participant's ability to hear or be heard clearly by all persons present at the meeting location. If technical difficulties result in a remote participant being disconnected from the meeting, that fact and the time at which the disconnection occurred shall be noted in the meeting minutes.
(e) The amount and source of payment for any costs associated with remote participation, if any, shall be borne by the member(s) remotely participating.
§66-6. Procedures for Remote Participation.
(a) Any member of a public body who wishes to participate remotely shall, as soon as reasonably possible prior to a meeting, notify the chair or, in the chair's absence, the person chairing the meeting, of his or her desire to do so and the reason for and facts supporting his or her request.
(b) At the start of the meeting, the chair shall announce the name of any member who will be participating remotely and the reason under §66-5 for his or her remote participation. This information shall also be recorded in the meeting minutes.
(c) All votes taken during any meeting in which a member participates remotely shall be by roll call vote.
(d) A member participating remotely may participate in an executive session, but shall state at the start of any such session that no other person is present and/or able to hear the discussion at the remote location, unless presence of that person is approved by a simple majority vote of the public body.
(e) When feasible, the chair or, in the chair's absence, the person chairing the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he or she reasonably anticipates will be used during the meeting. If used during the meeting, such documents shall be part of the official record of the meeting, and shall be listed in the meeting minutes and retained in accordance with M.G.L. c. 30A, sec. 22.
(8) Further Restriction by Adopting Authority. These regulations do not prohibit any person
or entity with the authority to adopt remote participation pursuant to 940 CMR 29.10(2) from enacting policies, laws, rules or regulations that prohibit or further restrict the use of remote participation by public bodies within that person or entity's jurisdiction, provided those policies, laws, rules or regulations do not violate state or federal law.
In case any section, paragraph or part of this ordinance is for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect.
ON MOTION OF COUNCILLOR MACEK TO AMEND IN ACCORDANCE WITH SOLICITOR COX’S LETTER DATED JANUARY 28, 2013: “That the numbers and words “§66-6 .Procedures for Remote Participation.”and “§66-6. Severability” be deleted and that the following be inserted in place thereof: “§66-7. Procedures for Remote Participation.”and “§66-8. Severability.”
PASSED Yeas 9, Nays 0
PASSED AS AMENDED Yeas 9, Nays 0 18
10. Communications and Reports from City Officers and Employees
Communications from Councillors:
Communication was received from Council President Scatamacchia requesting a discussion about a Home Rule Petition on behalf of Robert Cowl, Jr.
PRESIDENT SCATAMACCHIA STATED THAT THE HOME RULE PETITION PAPERWORK FROM LAST YEAR WAS MISSPLACED AND COUNCIL WAS ADVISED TO RESUMBIT IT.
PLACED ON FILE 9-D
HOME RULE PETITION – Be adopted by City Council and forwarded to the General Court: An Act Authorizing the Appointment of William M. Cowl, Jr as a Firefighter in the City of Haverhill Notwithstanding the Maximum Age Requirement (see document for complete text)
PASSED and REFFERED TO LEGISLATURE 23B
January 29, 2013
Communication was received from Councillor Ryan requesting a discussion regarding the proposal to locate UMASS Lowell satellite campus in downtown Haverhill
PLACED ON FILE 9-E
Communication was from Councillor Ryan requesting a discussion regarding the need for a stop sign at the entrance of Mill Street from Kenoza Avenue
REFERRED TO TRAFFIC & SAFETY COMMITTEE 9-F
Communication was received from Councillor Hart requesting a discussion regarding the removal of a handicap parking space at 53 Hancock Street as it is no longer needed
REFERRED TO PLANNING Yeas 9, Nays 0 9-G
Communications from City Employees:
11. Resolutions and Proclamations
12. Council Committee Reports and Announcements
Councillor Macek announced the Natural Resources & Public Properties Committee meeting scheduled for January 30 at 7:30PM in the Council office, room 24. The Committee will be reviewing the proposed list of parcels that the Mayor would like to surplus.
Meeting adjourned at 7:28 o’clock P.M. Yeas 9, Nays 0
Margaret A Toomey