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City of Haverhill
City Council Minutes

Tuesday, July 23, 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 Michitson, Ryan, McGonagle, Macek, LePage, Daly O’Brien and Sullivan
Absent – Councillor Hart
City Clerk – Margaret A. Toomey

1. Approval of Records of the Previous Meeting

Minutes were not 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(s) and Related Order(s)

Document 54, Joint Petition was received from Verizon New England Inc and Massachusetts Electric Company of North Andover requesting permission for Pole, Wire, Cables, and Fixtures Location
on Appleton st, Plan #742 COUNCIL HEARING TO BE HELD AUG 6 2013 54

5. Appointments

Confirming Appointments:
Lisa Senter to the Central Business District Parking Commission as an Alternate, effective immediately. Appointment to expire July 11, 2014. ON MOTION OF COUNCILLOR RYAN TO AMEND TO VOTING MEMBER. CONFIRMED AS AMENDED Yeas 8, Absent 1 75B

Non-Confirming Appointments:
Lisa Fitzpatrick to the Development and Industrial Commission, effective immediately. PLACED ON FILE 75C

Resignations:
No Schedule

6. Petitions

Petitions:
Petition was received from Frankie Passiume, requesting to amend his Hawker Peddler hours of operation at Washington Square from current approved days/times through November 1, 2013; Tuesdays
through Saturdays 10 am to 4 pm; to include the extended hours of Thursdays and Fridays from 11 pm to 2 am and Saturdays from 11 pm to 1 am GRANTED Yeas 8, Absent 1 28F

Applications:
Application was received for a Special One Day Liquor License, to sell “Wine and Malt Only” from Michael K Williams for a Benefit Concert for “50 Legs”at Winnekenni Castle, Saturday, August 17, 2013, from 12 Noon to 11 pm with alcohol to be served by Butlers & Bars GRANTED Yeas 8, Absent 1 31E

Application was received for a Special One Day Liquor License, to sell “Wine and Malt Only” from Ernest D’Amore for a 60th Birthday Party, at Winnekenni Castle, Saturday, August 3, 2013, from 7 pm
to 10 pm with alcohol to be served by Butlers & Bars GRANTED Yeas 8, Absent 1 31F

Annual License Renewals
No Schedule

7. Hearings and Related Orders

Document 65-A,
Hearing from City of Haverhill, regarding Zoning Amendment for City Code, recommending a Temporary Moratorium on Medical Marijuana Dispensaries locations in the City with a favorable
recommendation from Planning Board. HEARING OPENED

HEARING CLOSED 65A

Document 65
MUNICIPAL ORDINANCE CHAPTER255AN ORDINANCE RELATING TO ZONING PREAMBLE
Whereas, on November 6, 2012 Massachusetts voters approved Ballot Question 3, also known as the Massachusetts Medical Marijuana Initiative or "Law for the Humanitarian Medical Use of Marijuana" (hereinafter the "Medical Marijuana Law"); andWhereas, the Medical Marijuana Law took effect on January 1, 2013; and Whereas, under the Medical Marijuana Law a "Medical Marijuana Treatment Center” shall mean a not-for-profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers."; andWhereas, the Medical Marijuana Law enables the Massachusetts Department of Public Health (DPH) to register up to 35 such centers within the first year of enactment, with a minimum of one and a maximum of five located within each county; andWhereas, DPH issued regulations for the implementation of the Medical Marijuana Law on
May 8, 2013; therefore

BE IT ORDAINED by the City Council of the City of Haverhill that Chapter 255 of the Code of the City of Haverhill, as amended, being and is hereby further amended by adding the following:

"§255-16.1 Temporary Moratorium on Medical Marijuana UsesA. Purpose and Justification- The purpose of the temporary moratorium is to give the City of Haverhill sufficient time after the promulgation of DPH regulations to evaluate the potential land use impacts of Medical Marijuana Treatment Centers as such term is defined under the Medical Marijuana Law, and, if necessary and appropriate, to prepare and adopt zoning standards for Medical Marijuana Treatment Centers.

B. Temporary Moratorium Provision- For the duration of this Temporary Moratorium a Medical Marijuana Treatment Center as defined in the Medical Marijuana Law shall be prohibited as a PRINCIPAL and ACCESSORY USE in all zoning districts, and no use variance shall be granted to allow a Medical Marijuana Treatment Center.

C. Temporary Moratorium Expiration - Unless extended, continued or modified by a subsequent action of the City Council and Mayor·, the provisions of this Temporary Moratorium shall expire upon either of the first to occur of: (a) the adoption by the City Council and Mayor of an amendment to this ordinance that explicitly rescinds or replaces this moratorium, or (b) October 1, 2013."

APPROVED AS TO LEGALITY:

PASSED Yeas 8, Absent 1 65

8. Motions and Orders

ORDERED: That in accordance with General Laws, Chapter 44, Section 64, authorize the payment of bill(s) of the previous years and to further authorize the payment from current year departmental appropriations (see document for complete text)
Vendor Amount
Cintas Uniforms $ 119.94
Datamatix, Inc. $ 766.13
Felix A Marino Co Inc $2525.00
Georgetown Building Supply $ 155.00
David F Grunenbaum, Esq $ 718.50
John Breen Funeral Home $2000.00
Kopelman and Paige, PC $1196.87
Maguire Pest Control $ 48.00
July 23, 2013

Maguire Pest Control $ 44.00
Poland Spring $ 102.59
SNI Companies $4405.80
Sustainable Energy Advantage $ 485.00
Uptech Computer $ 58.00
PASSED Yeas 8, Absent 1 21W

ORDERED: That the Mayor be and is hereby authorized to enter into and execute an amendment to license agreement on behalf of the City of Haverhill with the Massachusetts Bay Transportation Authority (MBTA) for the right and privilege to enter upon railroad property at Right of Way at MP33.12, Western Route Main Line at Little River, Haverhill, Massachusetts (as described in said agreement amendment), a copy of which is attached hereto and incorporated herein (see document for complete text)
PASSED Yeas 8, Absent 1 42C

ORDERED: That those persons retained as part-time professional legal consultants for the City of Haverhill are hereby designated as “Special Municipal Employees” pursuant to M.G.L. c. 26A

There was a related communication from City Solicitor William Cox
PASSED Yeas 8, Absent 1 81

Ordinances (File 10 Days)

ORDERED:
MUNICIPAL ORDIANCE
An Ordinance Relating to Salaries
Be it Ordained by the City Council of the City of Haverhill that Document 40-C of 2011 and all subsequent amendments to such document be deleted in its entirety and the following be inserted in its place
thereof. (see document for complete text) PLACED ON FILE for at least 10 days 82

9. Unfinished Business of preceding Meetings

Document 77
Petition from Scott Helmers, President, Spotlight Playhouse requesting City waive fees associated with the rental of the Nick Ross Auditorium for their theater productions.

DAVID VAN DAM, CHIEF OF STAFF, STATED THAT THE FIRE MARSHALL’S OFFICE INFORMED HIM THERE IS AN ON LINE TEST THAT CAN BE TAKEN TO BECOME A CERTIFIED MANAGER ON DUTY FOR THE EVENT. HE IS WORKING ON THE POLICE & CUSTODIAL FEES.
ON MOTION OF COUNCILLOR MACEK TO POSTPONE TO AUG 6 POSTPONED TO AUGUST 6, 2013 Yeas 8, Absent 1 77

Document 79
MUNICIPAL ORDINANCE CHAPTER 11
Be it ordained by the City Council of the City of Haverhill that Chapter 11 of the Code of the City of Haverhill, as amended, is hereby further amended by adding the following:

Article XVIII Veterans Memorial Skating Rink Commission
§ 11-88 There shall be established a Veterans Memorial Skating Rink Commission.
§ 11-89 Membership; appointment, terms; compensation, Chairperson
(see document for complete text)
PASSED Yeas 8, Absent 1 79

DOCUMENT 80
MUNICIPAL ORDINANCE CHAPTER 175
An Ordinance Relating to Loitering

By deleting §175-2 in its entirety and by inserting in place thereof the following:
(see document for complete text)
§175-2. Loitering in Bradford Common, G.A.R. and Merrimack River Park prohibited; hours.
No person or group of persons, whether in vehicles or otherwise, shall stand, loiter, remain in and/or about the Bradford Common, G.A.R. Park and Merrimack River park or any street, way or sidewalk to which the public has access and which is adjacent thereto, between the hours of 8:00p.m. through 7:00a.m., inclusive, or, between the hours of 8:00p.m through 8:00a.m. for Merrimack River Par only, inclusive, unless joint written permission is obtained from the Mayor and the Chief of Police. The Merrimack River Park shall only be open to the public from June 1st to October 1st.”
PASSED Yeas 8, Absent 1 80

10. Communications and Reports from City Officers and Employees

Monthly Reports:
Abatement Report was received from Board of Assessors for month of June 2013
PLACED ON FILE 19G

Communications from Councillors:
Communication was received from Councillor Ryan requesting to introduce State Representative Lenny Mirra to update the Council on construction work on the Groveland Bridge and the Rocks Village
Bridge.
REP. MIRRA STATED THERE WAS A $260,000 CHANGE ORDER FOR ROCKS VILLAGE BRIDGE BECAUSE THEY WANTED TO MAINTAIN THE MANUAL OPERATION OF BRIDGE. SCHEDULED TO OPEN AT THE END OF SEPT.; BATES BRIDGE-ROADWAY IS BEING CHANGED ON BOTH SIDES, 86% COMPLETE
PLACED ON FILE 57K

Councillor Macek requested a discussion regarding a request for recertification of an easement originally granted by the City in August 1992 involving premises at 567 Washington st
POSTPONED TO AUG 6 2013 57L

Communications from City Employees:
David Van Dam, Chief of Staff, requested to update the Council on a number of issues. Alleyway lighting downtown-easement agreements are being finalized, implementation should be soon;
Capital improvements to City Hall-exterior painting being done by Community Service workers and entryway to the parking lot will be repaired; Partnership with Home Depot-flowers and labor donated to beautify City Hall grounds and will be replacing hanging plants downtown

11. Resolutions and Proclamations

No Schedule

12. Council Committee Reports and Announcements

Council Committee Reports:
Councillor LePage presented the Minutes of Administration & Finance Committee meeting held on July 11, 2013 regarding permits for second hand clothing. City Solicitor Cox will be asked to revise
Chapter 187 (Pawnbrokers; Secondhand Articles; Old Gold) to create a category for consignment.
PLACED ON FILE 11G

ON MOTION OF COUNCILLOR MCGONAGLE TO SUSPEND THE RULES TO DISCUSS PAVING ON
RTE. 125.
PASSED Yeas 8, Absent 1
Councillor McGonagle expressed his concern about depressions around manhole covers and wants to insure that a City representative is involved with inspection before the project is completed. Letter to Mayor. Also, letter to Rep. Dempsey about condition of Basiliere Bridge.

ON MOTION OF COUNCILLOR SULLIVAN TO SUSPEND THE RULES TO DISCUSS REMOVAL OF HANDICAP PARKING AT 25 HILLSIDE ST.*
PASSED Yeas 8, Absent 1

Councillor Sullivan requested to have the HP space at 25 Hillside Street deleted because it is no longer needed.
REFER TO PLANNING Yeas 8, Absent 1 29F

COUNCILLORS GAVE TRIBUTE TO RETIRING CITY CLERK, MARGARET TOOMEY

Documents referred to Committee Study
No Schedule

*Doc. 29-F – Request from Councillor Sullivan to Suspend the Rules to delete Handicap parking at
25 Hillside St.


Attest:
Heather Budreiwicz
Acting 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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