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City of Haverhill
City Council Minutes

Tuesday, March 12, 2013
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, Michitson, Ryan, McGonagle, Daly O’Brien and Sullivan. (Councillor Daly O’Brien arrived late)
Absent – Councillors Macek and LePage
City Clerk – Margaret A. Toomey.

1. Approval of Records of the Previous Meeting

The minutes were approved.

2. Assignment of the minutes review for the next Meeting

Councillor Michitson was appointed to read the minutes.

3. Communications from the Mayor

No Schedule

4. Utility Hearing and Related Order

Hearing was held on Document 36, a petition from National Grid of North Andover requesting permission to construct underground electric conduits on Columbia Park, Plan #13857586. With Daniel Boucher from National Grid appearing in favor and no one in opposition the hearing was closed. 36

Document 36-B
ORDERED: Order to grant underground electric conduits from National Grid of North Andover on Columbia Park, Plan #13857586 (see document for complete text)
PASSED Yeas 6, Nays 0, Absent 3 36B

5. Appointments

Confirming Appointments:
No Schedule
Non-Confirming Appointments:
No Schedule
Resignations:
Resignation was received from Daniel M. Spurling resigning from the Planning Board.
PLACED ON FILE 20J

Petitions
Petitions:
Petition was received from Corey Avery on behalf of American Diabetes Association, Northshore
Tour De Cure requesting a permit for a one-day cycling ride (non-competitive) going through Haverhill,
on Sunday, May 19, 2013 from 7:00AM to 11:00AM.
GRANTED Yeas 6, Nays 0, Absent 3 37C

Petition was received from Andrea Fogarty on behalf of St. Joseph School of All Saints Parish
requesting a permit for a 5K Run/Walk starting and ending at 56 Oak ter on April 28, 2013 at 12:30 PM
GRANTED Yeas 6, Nays 0, Absent 3 37D

Petition was received from Agnes Hayes on behalf of Sacred Hearts School requesting a permit
for a 5K on April 6, 2013 at 10:00AM
GRANTED Yeas 6, Nays 0, Absent 3 37E

Applications:
Application for Tag Days 2013:
VFW Santa Parade November 1&2
GRANTED Yeas 6, Nays 0, Absent 3 26M

6. Hearings and Related Orders

No Schedule

7. Motions and Orders

ORDERED: That the Mayor be and is hereby authorized to execute a certain easement modification, attached
hereto, relative to real property located at 3 Elaine Marie Drive as further defined on the attached Modification
of Easement. (see document for complete text)
PASSED Yeas 6, Nays 0, Absent 3 41

Easements submitted by City Engineer, John Pettis:

ORDERED: That the Mayor be and is hereby authorized to accept on behalf of City of Haverhill a certain
FLOODWALL EASEMENT and TEMPORARY EASEMENT for the premises located near 70 Washington
Street from Riverside Place Condominium Haverhill Realty Development Trust, a copy of which is hereby
attached and incorporated herein. (see document for complete text)
PASSED Yeas 6, Nays 0, Absent 3 41B

ORDERED: That the Mayor be and is hereby authorized to accept on behalf of City of Haverhill a certain
temporary construction easement for the premises located at 191 Essex Street from Alosky Realty Trust,
a copy of which is attached hereto and incorporated herein. (see document for complete text)
PASSED Yeas 6, Nays 0, Absent 3 41C

ORDERED: That the Mayor be and is hereby authorized to accept on behalf of City of Haverhill a certain
temporary construction easement for the premises located across 191 Essex Street from Kifor Dev LLC,
a copy of which is attached hereto and incorporated herein. (see document for complete text)
PASSED Yeas 6, Nays 0, Absent 3 41D

ORDERED: That the Mayor be and is hereby authorized to enter into and execute a license agreement
on behalf of City of Haverhill with Massachusetts Bay Transportation Authority (MBTA) for the right and privilege to enter upon railroad property at Right of Way at MP 33.12, Western Route Main Line at Little River,Haverhill , Massachusetts (as described in said agreement), a copy of which is attached hereto and incorporated herein. (see document for complete text)
PASSED Yeas 6, Nays 0, Absent 3 42

ORDERED: That $26,364.00 be appropriated from Free Cash and be transferred to Police Salaries
PASSED Yeas 6, Nays 0, Absent 3 21B

ORDERED: That $7,490.00 be transferred from Capital Projects to the Police Station Hot Water Tank
Account
PASSED Yeas 6, Nays 0, Absent 3 21C

ORDERED: That $2,960.00 be transferred from Capital Project to the 16th Ave Fire Station Boiler Account
PASSED Yeas 6, Nays 0, Absent 3 21D

MUNICIPAL ORDINANCE CHAPTER 240
An Ordinance Relating to Parking
(9 Thorndike St.- Add Handicap Parking) (see document for complete text)
PLACED ON FILE for at least 10 days 32B

Councillor Daly O’Brien arrived.

8. Unfinished Business of preceding Meetings

Document 22
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:

Ҥ36-7. Waiver of fee or charge.

The City Council and Mayor shall have authority to waive fees or charges due to the City of Haverhill which are set by order, ordinance or state law. No fees or charges due to the City of Haverhill shall be waived where prohibited by state law. The waiving of any fee or charges by the City Council and Mayor shall be subject to the conditions below: (see document for complete text)

There was a related Communication from Attorney William Cox regarding amendments to Ordinance MOTION TO AMEND:

That Document 22 be and is hereby amended by deleting the text for §36-7 in its entirety and inserting the following in place thereof:

"§36-7. Waiver of fee or charge.

The City Council and Mayor shall have authority to waive fees or charges due to the City of Haverhill which are set by order, ordinance or state law. No fees or charges due to the City of Haverhill shall be waived where prohibited by state law. The waiving of any fee or charges by the City Council and Mayor shall be subject to the conditions below:

A. Only non-profit organizations seeking to waive fees for projects or events where at least eighty (80%) of the labor is being performed by volunteers shall qualify.

B. The total amount of fees which can be waived in any fiscal year shall be subject to appropriation in the City's annual budget.

C. Any qualified non-profit organization seeking a waiver of fees or charges shall file a request with the City Clerk's office. The applicant shall provide the name and address of the organization, along with the names of the executive officers and board members. The application shall include the specific fees or charges sought to be waived and a dollar total. The applicant shall provide any documentation or information requested, including but not limited to project and/or organizational financial information.

Any application to waive fees or charges shall be submitted to the department which collects the fees or charges and/or any department which performs services for which fees or charges are requested to be waived for review and comment prior to the request being taken up by the City Council.

D. When the Mayor declares a public emergency, fees or charges may be waived by order of the Mayor. Said fees or charges shall not be subject to any of the above requirements or limitations.

E. Any fees waived in accordance with other provisions of this Code shall not be subject to the above provisions and shall remain in full force and effect unless otherwise repealed."
PASSED Yeas 7, Nays 0, Absent 2 22

9. Communications and Reports from City Officers and Employees

Monthly Reports:
Abatement Report was received from Board of Assessors for the month of February 2013
PLACED ON FILE 19C

Communications from Councillors:
Communication was received from Councillor Hart submitting recommendations of Traffic & Safety
Committee meeting held on March 6 2013. (see document for complete text)
COUNCILLOR HART PRESENTED THE MINUTES OF THE TRAFFIC & SAFETY COMMITTEE HELD ON MARCH 6 THAT PERTAINED TO THE CITY COUNCIL. #5 - DISCUSSION ABOUT LIMITING LEFT HAND TURN AT BROADWAY AND NORTH BROADWAY, MONDAY THROUGH FRIDAY, 3:30PM TO 6:30PM. LETTER TO TRAFFIC & SAFETY COMMITTEE ASKING FOR TRAFFIC STUDY & LETTER TO PLANNING FOR ORDINANCE; #15 – DISCUSSION ABOUT GATE AT THE BACK OF THE HIGH SCHOOL. RECOMMENDATION WAS TO LIMIT TRAFFIC DURING ALLOWED HOURS BY DIRECTION TO BE IMPLEMENTED BY HIGH SCHOOL 9R

Communications from City Employees:
No Schedule

10. Resolutions and Proclamations

No Schedule

11. Council Committee Reports and Announcements

No Schedule

Meeting adjourned at 7:33 o’clock P.M. Yeas 7, Nays 0, Absent 2

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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