City of Haverhill
City Council Minutes
Tuesday, January 15, 2013
City Council Chambers
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 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 Michitson was appointed to read the minutes.
3. Communications from the Mayor
4. Utility Hearing(s) and Related Order(s)
Frederick Pariswas appointed by Mayor Fiorentini to the Haverhill Historic Commission, effective immediately. Commission to expire Jan 10 2015.
CONFIRMED Yeas 9, Nays 0 12
Application was received from Joseph Coombas on behalf of American Foundation for Suicide Prevention Boston Chapter for a walk on October 5th at Kenoza Lake
POSTPONED TO JAN 22 2013 Yeas 9, Nays 0 13
The following Applications for 2013 Tag Days were granted:
HHS Winter Track Boosters February 1, 2, & 3rd 14 Haverhill Youth Lacrosse March 16 & 17th 14B
HHS Baseball Boosters March 22, 23, & 24th 14C
HHS Boys/Girls Lacrosse April 5, 6, & 7th 14D
HHS Girls’ Softball April 19, 20, 21st 14E
Haverhill Senior Baseball April 26 & 27 14F
Haverhill Community Violence Prevention Coalition May 3 & 4 14G
HHS Spring Track Boosters May 10, 11, & 12th 14H
Riverside Bradford Baseball 1 May 17, 18, & 19th 14I
Riverside Bradford Baseball 2 May 31st, June 1 & 2 14J
Hunking School PTO June 7, 8, & 9th 14K
HHS Swim & Dive Boosters August 23, 24, 25 14L
HHS Soccer Boosters September 7, 8, & 9tH 14M
HHS Cheerleader Boosters September 13, 14, & 15th 14N
HHS Cross Country October 4, 5, & 6th 14O
GRANTED Yeas 9, Nays 0
Annual License Renewals:
The following Renewals for 2013 Coin-Op Licenses were granted:
Academy Lanes, 725 So Main st, 12 Coin Ops 15
American Legion, 1314 Main st, 2 Coin-Ops 15B
AMVETS, 576 Primrose st, 1 Coin-Op 15C
Kelly’s, 75 So Main st, 2 Coin-Ops 15D
Italian American Benevolence Association, 210 Winter st, 3 Coin-Ops 15E
Market Basket, 285 Lincoln av, 1 Coin-Op 15F
Market Basket, 400 Lowell av, 1 Coin-Op 15G
Market Basket, 2 Water st, 2 Coin-Op 15H
Mr. Mike’s Restaurant, 1149 Main st, 3 Coin-Ops 15I
New Chit Chat, 101-103 Washington st, 3 Coin-Ops 15J
New Lantern Café, 240 Essex st, 4 Coin-Ops 15K
Pilgrim Lanes, 600 Primrose st, 40 Coin-Ops 15L
R.G.’s Pub, 242 Winter st, 2 Coin-Ops 15M
Smith’s Tavern, 124 Essex st, 3 Coin-Ops 15N
Toma’s, 35 Washington st, 1 Coin-Op 15O
Valley Forum Ice Rink, 7 Parkridge rd, 12 Coin-Ops 15P
VFW Post #29, 64 Kenoza av, 2 Coin-Ops 15Q
GRANTED Yeas 9, Nays 0
The following Renewals for 2013 Sunday Coin-Op Licenses were granted:
Academy Lanes, 12 Coin-Ops 16
American Legion, 2 Coin-Ops 16B
AMVETS, 1 Coin-Op 16C
Kelly’s, 2 Coin-Ops 16D
Italian American Benevolence Club, 3 Coin-Ops 16E
Market Basket, 285 Lincoln av, 1 Coin-Op 16F
Market Basket, 400 Lowell av, 1 Coin-Op 16G
Market Basket, 2 Water st, 2 Coin-Op 16H
Mr. Mike’s Restaurant, 3 Coin-Ops 16I
New Chit Chat, 3 Coin-Ops 16J
New Lantern Café, 4 Coin-Ops 16K
Pilgrim Lanes, 600 Primrose st, 40 Coin-Ops 16L
R.G.’s Pub, 2 Coin-Ops 16M
Smith’s Tavern, 3 Coin-Ops 16N
Valley Forum Ice Rink, 12 Coin-Ops 16O
VFW Post #29, 2 Coin-Ops 16P
GRANTED Yeas 9, Nays 0
Renewal for 2013 Drainlayer’s License:
GRANTED Yeas 9, Nays 0 3-L
7. Hearings and Related Orders
8. Motions and Orders
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.”
PLACED ON FILE for at least 10 days 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;
(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.
PLACED ON FILE for at least 10 days 18
9. Unfinished Business of preceding Meetings
Communication was received from Councillor Daly O’Brien requesting an update from the Mayor or his designee regarding paid parking downtown
MR. STANKOVICH, PUBLIC WORKS DIRECTOR, GAVE A PRESENTATION STATING THAT SINCE THE PARKING PLAN WAS IMPLEMENTED IN AUGUST 2012 THERE WERE $175,000 IN PROCEEDS FROM METERS AND PERMITS. JASON SCHRIBER, CONSULTANT, FROM NELSON NYGARD MADE RECOMMENDATIONS. ALL RECOMMENDATIONS NEED TO BE REVIEWED BY THE PARKING COMMISSION.
10. Communications and Reports from City Officers and Employees
Abatement Report was received from the Board of Assessors for month of December 2012
PLACED ON FILE 19
Communications from Councillors:
Communication was received from Councillor LePage requesting to introduce a representative from Team Haverhill to announce their “Possible Dreams 2013 Event”.
ALICE MANN, PRESIDENT OF TEAM HAVERHILL, STATED THAT THEIR ANNUAL POSSIBLE DREAMS EVENT WILL BE HELD JAN 28, 7:00PM AT NORTHERN ESEX COMMUNITY COLLEGE. THE THEME WILL BE “EYES ON THE STARS, FEET ON THE GROUND” AND ENCOURAGED PARTICIPANTS TO PREREGISTER AS SEATING IS LIMITED. PLACED ON FILE 9-B
Communications from City Employees:
11. Resolutions and Proclamations
12. Council Committee Reports and Announcements
Meeting adjourned at 8:24 o’clock P.M. Yeas 9, Nays 0
Margaret A Toomey