City Council

City Council Minutes City Hall Auditorium, 62 Friend St. Tuesday, September 10, 2019, 7:00 PM Meeting was called to order at 7:02pm. The Pledge of Allegiance was led by Councilor Roccograndi Roll Call: Councilor Roccograndi, Councilor Stanganelli, Councilor Wheeler, Councilor Bartley, Councilor Gilday, Councilor Marggraf, Councilor McMilleon and Councilor Einson. Councilor McClure was absent. Act on Minutes – August 13, 2019 Councilor Gilday moved to approve with the changes provided by Councilor Wheeler and Councilor Einson. Councilor Bartley seconded and it was voted Unanimous. Mayoral Appointments 2019-070 Appointment of Edward Mullen as Building Commissioner effective August 12, 2019. Mayor Gray introduced Mr. Mullen who comes to us from Concord where he served as the Building Inspector and the Zoning Enforcement Officer and replaces Denis Nadeau who retired after 30 plus years here in Amesbury. Mr. Mullen is a certified building commissioner and he brings over 20 years of experience in the commercial construction industry as well. In addition he is an elected member of the Littleton Planning Board where he resides. He has served the role of Building Inspector in a number of other Massachusetts towns including Concord, Newton and Dracut. Mr. Mullen stated that he did not know much about Amesbury when he came for his interview but spent some time here after it and fell in love with the downtown and the Mill area. He stated that the residents that he has interacted with so far have been wonderful and that we have some talented staff and talented builders here as well. He looks forward to serving the community. Councilor Wheeler moved to approve 2019-070 as submitted. Councilor McMilleon seconded and it was voted Unanimous. 2019-071 appointment of Angel Wills as Chief Financial Officer effective September 3, 2019. Mayor Gray introduced Ms. Wills as our new CFO. She is an AHS graduate and currently resides in Sandown, NH. She comes to Amesbury from Tyngsboro where she has been the Finance Director and Town Accountant and she replaces Jim Lynch who left in July. Angel brings over 15 years of experience in Municipal Finance. She not only has a bachelor’s degree in Business Administration but also graduate certificates in Accounting and Government Accounting and she is also a Fraud Examiner. He stated that he is confident that she will be a wonderful addition to our team and we are excited to have her on board. She has also worked in Finance in the towns of North Andover, Newbury and Windham. Ms. Wills stated that she is honored to be serving the city of Amesbury. She stated that she is excited to see all of the positive changes to the community and she looks forward to being part of its success. September 10, 2019 1 Councilor Stanganelli stated that according to their rules and the Charter they are supposed to have quarterly reports on our financial condition. He asked if she had any other tools or reports that she may like to adapt or adopt for us so that we have a better idea of the condition of our finances. Ms. Wills, commented that today she was working on creating a three year revenue report that she thinks is more user friendly than the system generated. It compares a snapshot over three fiscal years and compares that to the estimated receipts to the current year budget. She has usually distributed that to Finance Committee and all other administrators on a monthly basis. She looks forward to getting them out to the Council. Councilor Stanganelli moved to approve 2019-071 as submitted. Councilor McMIlleon seconded and it was voted Unanimous. 1. Licenses and Permits – attached list for Council Councilor Stanganelli moved to approve as submitted. Councilor McMilleon seconded and it was voted Unanimous. 2. Pole Hearings – None at this time Correspondence President/Vice President Communications Meeting Schedule Change to October 15, 2019 due to Special Election Communications from Elected Officials, Boards and Commissions Warrant for October Special Election City Clerk Dixon handed out the warrant to be signed. School Update Councilor Einson stated that the only thing they have right now is that there will be a public forum held on September 30, 2019 at 7pm at the High School. It is another form of communication and information on the upcoming school project. Council Communications, Announcements and Committee Report Update on exploratory efforts to expand the senior property tax exemption program. Councilor Bartley stated that she has done some research with the State. She has also spoken to Jason DiScipio to see how many presently participate in our property relief program for seniors and veterans and presently there are 39 participants of 41C. That is applicants that have been approved. They range from $500 to $1000, the average being $790 per person. Then there is the Senior Work-off program and there are 20 seniors and veterans and they are discounted approximately $1000.00. Some overlap. Many of the cities and towns in Massachusetts are working on this issue so it is early in the workings. Councilor Marggraf wanted to publicly than his neighbor, Sandy Morrissey who was on the Amesbury Cultural Council, served as President last year and co-chaired the Amesbury 350th Committee. She is moving away and he wanted to publicly thank her. Councilor McMilleon stated that he is a member of the School Building Committee and he has spoken with a couple of the members on the committee and wanted to bring up this issue because as everyone knows we have a vote coming up in October about the new school. He is September 10, 2019 2 aware of a posting on Facebook by Councilor Stanganelli in regard to the new school and what would happen if the vote fails. He wants to read that comment and then read a comment of information from Dinisco and from the team in regard to this project. He stated that he is concerned about this because we are going to have a vote and there is a lot of misinformation going around the community about the cost and how long it is going to take and what happens if the vote fails. He feels it is important that the information that we do get to the public is accurate. The quote was posted: To be clear, regardless of one’s view, if the debt exclusion loses, the city will be able to ask MSBA for an extension to modify the plan for the current site or can re-apply with a different plan on the old site. In the latter case, the delay has been about 4 years, not 12 years as others have noted. There is state money for both the new construction and renovation. Remember that Amesbury High School was a renovation that got state money. Also remember that other districts have received reimbursement money for any renovation or expansion. Now it is true that Amesbury High School was renovated and I think it was around $30 million, but they applied. That is what they applied for. From the MSBA. So, you have to go through an application process just like you do for a new school. The response from the Dinisco team and from the building committee. IF the vote fails the city can request and extension, but only to obtain funding for the current project. Please note it must be the exact same project. Same size, grade configuration, location etc. The extension is solely to obtain funding. This is not a guarantee that MSBA will grant said extension. If they do it won’t be for any long period of time, maybe three months. If the city wants to pursue a different design like size, location, renovation or addition etc., it must withdraw from the program and begin the process all over again. We have been in a four year process and it has cost us almost $1 million for that process. This means that process would have to start all over again and cost more money. That is an important point. This means submitting a statement of interest which we did back in 2015 with all other districts being evaluated based upon the need compared to the other statements of interest submitted that year. We will have to be thrown into the pot and go through the competition in order to be selected. He stated that he is not sure how many years that city submitted and SOI before getting approved. We were approved in 2015 but we submitted SOI for a number of years before 2015, before we got accepted and finally accepted into the program. It could take 10 years or longer from a failed vote to have a new school at all. It depends on when the district submits a Statement of Interest and it is accepted and how long it takes to arrive at a plan that both the district and the MSBA will agree to. Just for comparison, the Statement of Interest from Amesbury was approved in 2015 and we anticipate the new school being completed in the summer of 2022. So if the vote is successful it we go ahead with this new school, it will not be completed until 2022, that is 7 years from a SOI submittal. Third, no one has stated that the city would wouldn’t receive funding for a renovation and/or an addition project. That was an option that was studied and submitted to the MSBA. When we submitted that SOI, we were required to submit to MSBA three proposals on how we would do this, new school, renovation, or addition. It was submitted to MSBA but was dismissed due to cost, compromise of educational spaces, duration of construction and the disruption to the staff and the students of AES, lack of parking etc. There were a lot of reasons why the other two proposals that we put into the MSBA were not accepted. They recommended the first choice which was the new school. MSBA agreed with the final option put forth; a new school on the Cashman site. He feels this is vital information for the community to know. We have to be careful whether we are on Facebook, or out there talking to people. A lot of people are confused. They are hearing things from different candidates and they are hearing different things in the newspaper and different things on Facebook. We have to provide them with accurate information so that they can make intelligent decisions. Councilor Stanganelli stated that in context, this was one comment in a thread of one particular post. There are other posts as well. That particular post is substantively correct. We do have the September 10, 2019 3 option to vote yes or no, as the Councilor has mentioned. If we vote no, we can repeal to get an extension, on the exact same project that was clearly noted. We also have the option to create a new statement of interest as the Councilor also noted, and is in that post. It is also in other threads in which he participated. Clearly there is a lot of misinformation out there and he cannot correct all of it. He stated that he is doing his best to convey information from having sat through multiple community forums. He believes that a lot of individuals, because of time, because they were not aware of it or just didn’t show up and now they are focused. Unfortunately, a lot of decisions have already been made either by the School Building Committee or the School Committee. Obviously, one of the concerns is regarding the cost. Other concerns are regarding the impact on other fields. Ideally, the forum that is coming up will have a lot of this information available. There is still, clearly from the number of people that communicate with him through his city council e-mail address, or call him or talk to him, concerns about decisions that have already been made regarding grade configuration as well as location, in addition to and aside from cost. Substantively, that thread in that post was correct. Councilor Marggraf stated that leading into Public Comment he would like to read from the Council Rules; Rule 15C Decorum of the Public sec. b3. Each person addressing the City Council shall do so in an orderly manner and shall not make repetitious, slanderous or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. Councilor Gilday stated that Council President Einson asked her to share some information on the bag restriction that will be going into effect on October 1. There is information that describes the ordinance and what you can expect as a vendor and what you can expect as a buyer/customer on the city website, amesburyma.gov. On the landing page there is a link that will take you to the ordinance itself that was passed in March. There is an FAQ document that clearly answers the questions that you might have. There is an extension form available to vendors if they won’t be able to use up there thin film plastic bag inventory, prior to October 1, 2019. They can request an extension through the Health Department and be granted automatically. There is no haggling about it. They can be granted an extension that will take them to January 1, 2020 after which they will need to be compliant. She stated that anyone could call her or email her as author of the bill or call City Hall. All that information is readily available on line. Letters went out in June to all of the businesses in town that would be impacted. 3. Public Comment James N. Thivierge, life-long resident of Amesbury stated that he established public comment with Dr. Messner who did it for the schools and Mr. Thivierge did it for the Selectmen. There were no rules and people could speak as long as they wanted. He does not see the big concern. He stated that the newspaper stated that the assessed value of the Heights was $29 million. He went to the Library to see the Audits which were 8 months late. The combined balance sheet showed tax foreclosures which he has never seen on the combined balance sheet. In 2012-2013 the tax rate was $20.98 which represents 45 foreclosures. If you go to the federal reserve.gov, you can find out exactly what the municipal corporations have done in the last six years. This government has been there six years and they have announced five tax rates all of which have gone up. Back to Heights, in 2017 the assessed value of heights was $54 million. He stated that he understands that there is the DIF and the TIF and he feels it is a stiff; $25 million for 10 ball fields is unbelievable. He appreciates the comments about the September 10, 2019 4 school. It has clarified a lot of things. He hopes that more will come out when they have the open forum. He stated that public comment should have no time limit. R. Claud Gonthier, 112 Kimball Rd. stated that he was listening to a conversation between the Councilors regarding the ballot question if it fails. The ballot question is not about building a school, it’s about an override to build a school. So, if it fails, it doesn’t mean a rejection of the school out of hand, this is a source of funding. The City Council can fund the school. So, if I decide to vote against it, it is because I am voting against the source of funding not the school, but I can’t say that when I vote. 4. Council Response to Public Comment Councilor Marggraf clarified that the ball fields ordinance is $2.5 million not $25 million. Councilor Einson also clarified a point that Mr. Gonthier made. The vote is not for an override it is for a debt exclusion which is a different mechanism. Councilor Stanganelli responded to a comment by Mr. Thivierge. One of the things that a DIF project arrangement is based on is the assessed value. Obviously, it would be a concern to us as a city if the assessed value is dropping. That obviously impacts the plans that we have in place regarding this DIF for athletic fields. I would imagine that we should be monitoring what that value is and hopefully the Assessor can give us an update. 5. Second Readings Public Hearings 2019-060 An Order to vote intent to alter Lion’s Mouth Road and refer to Planning Board – Mayor Sponsor Summary: In connection with the acceptance of Quimby Lane, the City Council shall vote its intent to alter Lion’s Mouth Road and refer the proposed action to the Planning Board. Councilor Bartley read the Ordinance Committee recommendations of July 16, 2019. Councilor Wheeler moved to send 2019-060 back to the City Council with a positive recommendation. It was seconded by attorney Johnson and it was voted Unanimous, 4 present. Councilor Einson read the recommendation from the Planning Board for 2019-060 and 061. At their duly posted meeting on August 27th, 2019 the Planning Board reviewed Ordinance 2019-060 & 2019-061. Background: These two ordinances pertain to the alteration of Lions Mouth Road and the acceptance of the layout of Lions Mouth Road whereby Parcel-A as shown on the approved subdivision plan for the Quimby Lane subdivision become part of the Lions Mouth Road layout. Parcel-A runs along Lions Mouth Road and is a strip of land that abuts the open space parcel created by this subdivision. It is vegetated with mature trees that provide buffers to the new residential houses built in this subdivision. It also serves as an environmental buffer to the wetlands that are about 30 feet from the edge of Parcel-A, and sometimes provide excess capacity for ground water surcharge. Besides these functions, it does not have any development value. It would be very difficult to use this parcel for any improvements, including any widening of Lions Mouth Road due to significant environmental constraints, its function for storm water management (surface water) and grading changes along this edge of Lions Mouth Road. It is important to note that Parcel A provides both access and frontage along Lions Mouth Road and made the layout of the Quimby Lane subdivision possible. As shown on the approved plans, it was always September 10, 2019 5 intended by the developer to grant Parcel A to the City. As long as there is clear title to said Parcel and the existing vegetative buffer would be maintained, the acceptance of Parcel A and alteration to the layout of Lions Mouth Road would be beneficial to the neighboring properties. The Board voted to recommend acceptance of Ordinance 2019-060 & 2019-061. Councilor Stanganelli questioned if this in any way, shape or form impacts the need to reconfigure or change Lions Mouth Rd, if we have to widen it or otherwise reshape it to accommodate the traffic that is expected for the new school. If we accept this Parcel A in its vegetative state will we ever be able to utilize it to build on to widen the road if necessary. Nipun Jain, Planning Director stated that you will accept the parcel as is with no restrictions. If and when there is any plan to use that for whatever intended purposes, the engineer would have to look at what applies to the specific use of that parcel for the intended use. Councilor Einson opened and closed the public hearing. Councilor Gilday moved to accept 2019-060 as presented. Councilor Marggraf seconded. A roll call vote was taken and it was voted Unanimous (8) 2019-061 An Order to alter the layout of Lion’s Mouth Road – Mayor Sponsor Summary: In connection with the layout and acceptance of Quimby Lane, the City Council shall alter the layout of Lion’s Mouth Road. Councilor Einson opened and closed the public hearing. Councilor Wheeler moved to approve 2019-061 as presented. Councilor McMilleon seconded. A roll call vote was taken and it was voted Unanimous (8) 2019-062 An Order to vote intent to lay out Quimby Lane and refer to Planning Board – Mayor Sponsor Summary: The City Council shall vote its intent to lay out Quimby Lane and refer the proposed action to the Planning Board. Councilor Einson read the Planning Board recommendation into the record: At their duly posted meeting on August 27th, 2019 the Planning Board reviewed Ordinance 2019-062 & 2019-063. Background: These Ordinances pertain to the new subdivision road known as Quimby Lane. The first ordinance intends to layout Quimby Lane as a public way and the second ordinance formally accepts the layout (boundaries and associated infrastructure improvements) as a public way. The subdivision road and associated improvements were generally completed in Fall 2013. The Board had confirmed earlier that all associated improvements with the subdivision have been adequately completed as per the plans and accompanying approvals. A list of pertinent documents on record is attached herewith along with original plans that need endorsement after formal acceptance of road layout by the City (See attached list). It would be prudent for the City to review the storm-water management systems and all infrastructure components by the Department of Public Works (DPW) to ascertain that they are September 10, 2019 6 functioning properly and have been maintained as per Storm-water Management Operation and Maintenance requirements. Any maintenance that may be due or has not been undertaken should be performed by the Grantor or other responsible party before the City takes ownership to prevent any unintentional costs for repairs or maintenance. Likewise, the right of way, including but not limited to, pavement, drainage structures, curbing, trees, sidewalks and trail heads should be inspected to insure no repairs or replacement are needed. The City should ascertain that there is clear title to said Right of Way laid out as Quimby Lane and that all associated easements required by the City have been found to be in acceptable form and shown clearly on plans to be recorded herewith or already on record, along with requisite terms and conditions. The Board voted to send Ordinance 2019-062 & 2019-063 to the City Council for acceptance with the recommendations made herein. Documents associated with the Quimby Lane Subdivision registered at the Registry of Deeds Document - Recording Information Parcel A - Book 30453, Page 379 Parcel B - Book 33011, Page 125 Certificate of Compliance - Book 32877, Page 392 Easements - Book 30517, Page 404; Book 30863, Page 146; Book 31108, Page 94. Drainage Easements - Plan Book 429, Plan 16 Storm water O&M - Plan Book 32749, Page 339 Open Space Use and Management Plan - Book 32749, Page 339 Plans submitted for street acceptance: Sheet No. - Date - Title Sheet 1 9/20/2013 As-Built Plan for Quimby Lane in Amesbury, MA Sheet 3 10/13/2013 Acceptance Plan of Quimby Lane Located in Amesbury, MA Sheet 2 6/6/2014 Acceptance Plan for a Portion of Lion's Mouth Road Located in Amesbury, MA. All plans prepared for D.E.C.M. LLC, 9 Merrimack Street, Seabrook, NH 03874. Prepared by: Christiansen & Sergi, Inc., 160 Summer Street, Haverhill, MA 01830 Councilor Stanganelli asked if we have a report regarding whether or not the storm water management systems and the associated infrastructure has been inspected and meets our standards and how do ascertain that we hold clear title. Rob Desmarais, Director of Public Works stated that they inspected the storm water system recently. He stated that he sent something to Councilor Wheeler earlier today as he had the same question. He stated that he advised the Planning Board that everything was copacetic there. Councilor Stanganelli asked if they need to incorporate the provision of having a clear title and right of way as part of the main body of our motion. Councilor Einson stated that they can have that as a stipulation if so desired by the Council. Councilor Gilday stated that she believes the Mayor would not put this in front of us without it having a clear title but we don’t know that there is clear title as the last paragraph in the memorandum from the Planning Board says, “The City should ascertain that there is clear title to said Right of Way laid out as Quimby Lane and that all associated easements required by the City have been found to be in acceptable form and shown clearly on plans to be recorded herewith or already on record, along with requisite terms and conditions.” So, we can find the Mayor or talk with Nipun. September 10, 2019 7 Nipun Jain stated that the recommendation from the Planning Board is saying that before the city actually takes the deed. It has nothing to do with your formal vote of accepting the street. He stated that he knows that KP Law has looked at these documents as well. He stated that in his opinion it should not impact their action. Councilor Einson opened and closed the public hearing. Councilor Stanganelli moved to accept 2019-062 subject to the recommendations of the Planning Board memo dated August 27, 2019. Councilor McMilleon seconded. A Roll call vote was taken and it was Unanimous (8) 2019-063 An Order to lay out and accept Quimby Lane as a public way. – Mayor Sponsor Summary: The City Council shall lay out and accept Quimby Lane as a public way. Councilor Marggraf asked if they are currently receiving city services. Rob Desmarais stated that the City picked up services there a few years ago. Councilor Einson opened the public hearing. Jim Thivierge stated that over the years he has been very happy with Mr. Jain and Mr. Desmarais. When we accept this piece of this street, what are the costs that we are incurring? What does it cost to accept a street and do the necessity things that we have to do? Rob Desmarais stated that the ongoing annual costs are for snow plowing and trash pickup. Even if it was a private road as a Planning Board development we would pick up the trash anyway at the end of the road. Under the current trash hauler contract there is no additional cost to add the street. The additional snow plowing cost is probably about ¼% of our snow budget based on the length of the road and total snow budget. Ongoing, in fifteen to twenty years the road will need maintenance, repaving etc. and he cannot off the top say what that will cost. There is annual street sweeping and catch basin cleaning that will add to costs. Councilor Einson closed the public hearing. Councilor Wheeler moved to approve 2019-063 subject to the stipulations in the Planning Board memo. Councilor Gilday seconded. A Roll Call vote was taken and it was voted Unanimous (8) 2019-067 An Order to appropriate $4,200 from the Quality of Life fund (2763) for the purpose of funding improvements to Collins Street Park – Mayor Sponsor Summary: These funds are intended to match the contribution Kiwanis has privately raised to improve the basketball court at Collins Street Park. Councilor McMilleon read the Finance Committee recommendation of August 27, 2019 in which Councilor Gilday moved to send 2019-067 back to the city council with a positive recommendation. She was seconded by Councilor Roccograndi and it was voted unanimous (6 present). September 10, 2019 8 Tim Osgood, 13 Congress St and Chair of the Quality of Life Committee stated that the $4200 is going to match what the Kiwanis Club raised for their private fund raiser. He stated that they did give them $800 earlier in the spring as seed money and they raised $5,000 so we wanted to stick to our word with Kiwanis and help them with that project. Councilor Gilday asked for Mr. Osgood to share with them what the basketball court will look like. Mr. Osgood stated that the initial plan was half court but he believes that it has changed. Mr. Desmarais stated that the scope is still under discussion. They presented some plans and the price changed so they would have to raise more money, so they are either going to redo the scope or raise more money. Councilor Stanganelli asked for clarification of the funds. If we are releasing these funds then they will be using these funds or hold them until the final scope is actually determined. Mr. Desmarais stated that his intention is to hold the funds until they have everything they need to move forward. Councilor Stanganelli asked if because we are earmarking the money, if for whatever reason it doesn’t happen by the end of the fiscal year, it could still be held over and used if we are earmarking, is that true? Mr. Desmarais stated that he is not sure. He does not know how it was appropriated originally. Councilor Stanganelli questioned the chair if there was anything that the council needed to do to make sure that we are earmarking it so that in case the project isn’t completed the money will be held for them without us having to go through this process in the next term. Councilor Einson commented that he could offer that as an amendment to the order. Councilor Einson opened the public comment. Jim Thivierge stated that last year the Mayor decided to get rid of the Landry Stadium Enterprise fund. That is someplace that you could take the Collins Park, the big park and that recreational program and anything related to recreation and include it as an Enterprise in Landry Stadium or the current recreation area and budget account and enterprise it. He stated they need to reduce the tax rate and reduce the tax bill. Councilor Einson closed the public hearing. Councilor Roccograndi moved to approve 2019-067 as presented. Councilor McMilleon seconded. A Roll Call vote was taken and it was voted Unanimous (8) 2019-068 An Order to amend 2018-025 by reducing the authorized appropriation amount from $50,000 to $25,000 – Mayor Sponsor Councilor McMilleon read the Finance Committee recommendation of August 27, 2019 in which Councilor Bartley moved to send 2019-068 back to the city council with a positive September 10, 2019 9 recommendation. She was seconded by Councilor Gilday and it was voted unanimous (6 present) Tim Osgood stated the in 2018 they approved the $50,000 for the tot lot. Since then a lot has changed. He stated that he emailed them all early in the spring about the size and the scope of that project changing. They are moving it to a new location still within the mill yard. It doesn’t require the same grading or site preparation and the equipment will be a lot smaller so they were able to reduce the $50,000 to $25,000. He also stated that he feels they may still come lower which will leave some money for future projects but by doing so it allows them to approve order 069 to help further with the Lake Gardner wall. Councilor Einson asked when the project will start. Mr. Osgood stated that they hope to be done by year end. Councilor Stanganelli asked what the reason for relocating and where is it going now. Mr. Desmarais stated that it is being relocated to a little square of grass opposite the upper pedestrian bridge. Councilor Stanganelli asked about the layout. Mr. Desmarais stated that it is a very small piece of playground equipment that will be contained within the existing grassed area and will have no impact on the brick pathway. Councilor Stanganelli stated that the amendment of 2018-025 was approved to seek additional grant money to help defray or offset city money. He questioned if that had ever been done. Mr. Desmarais stated it had not to his knowledge. Councilor Einson opened and closed the public hearing. Councilor Marggraf moved to approve 2019-068 as presented. Councilor Roccograndi seconded. A Roll call vote was taken and it was Unanimous. (8) 2019-069 An Order to appropriate $20,000 from the Quality of Life fund (2763) for improvements to Lake Gardner Beach – Mayor Sponsor Summary: An Order to appropriate $20,000 from the Quality of Life fund (2763) for improvements to Lake Gardner Beach. These funds would supplement a prior appropriation of $36,000 to fully fund the project. Councilor McMilleon read the Finance Committee recommendation of August 27, 2019 in which Councilor Gilday moved to send 2019-069 back to the city council with a positive recommendation. She was seconded by Councilor Wheeler and it was voted Unanimous. (6 present) Councilor Einson asked if any additional funds will be made available to the committee. Mr. Osgood stated that they would like to use what they have up before they inquire about more money. September 10, 2019 10 Councilor Einson opened and closed the public hearing. Councilor Bartley moved to accept 2019-069 as presented. Councilor Roccograndi seconded. A Roll Call vote was taken and it was voted Unanimous (8) 6. First Readings (New Business) Late Files Councilor Gilday moved to accept the late files. Councilor Bartley seconded. IN FAVOR (7) OPPOSED (1-McMilleon) 2019-072 An Order to approve and accept a Conservation Restriction on property off South Hampton Road, Amesbury, and to authorize the Mayor and the City Council President to Execute said Conservation Restriction on Behalf of the City of Amesbury – Mayor Sponsor Summary: Jocelyn Van Bokkelen, Trustee of the Jocelyn Van Bokkelen Revocable Trust is granting a conservation restriction on approximately 17.3 acres of land located off South Hampton Road, in Amesbury, north of the Powwow River, and being the rear portion of Heron Pond Farm, to Essex County Greenbelt Association, Inc. Massachusetts General Laws Chapter 184, Section 32 requires that in the case of a conservation restriction held by a charitable corporation, the Mayor and the City Council must approve and accept the conservation restriction. Councilor Gilday moved to refer 2019-072 to the Open Space Committee and K&P Law for review and hold the public hearing on October 15, 2019. Councilor Stanganelli seconded. IN FAVOR (7) RECUSED (1-Wheeler) 2019-073 An Order to authorize the Mayor to accept and expend a grant in the amount of $227,316 from the Federal Emergency Management Agency for the purpose of funding training programs for Fire Department Personnel in both Amesbury and Salisbury – Mayor Sponsor Summary: This order authorizes the Mayor to accept and expend a Federal Emergency Management Agency (FEMA) grant in the amount of $227,316 for the purpose of funding training programs for personnel in the Amesbury and Salisbury Fire Departments. A regional application for these funds was filed jointly by Amesbury and Salisbury, and FEMA notified the City on August 30, that the application has been selected for award of the requested grant funds. The grant requires a match in the amount of $22,731, which will be provided in-kind in the form of the staff time by the Amesbury and Salisbury Fire Departments. Councilor Marggraf moved to refer 2019-073 to the Finance Committee and hold the public hearing on October 15, 2019. Councilor Wheeler seconded and it was voted Unanimous. 2019-074 An Ordinance to amend the Amesbury Municipal Code and the Traffic and Parking Regulations for the purpose of altering and modernizing the City’s winter parking regulations. Summary: This ordinance will update the Traffic and Parking Regulations adopted in Bill No. 2015-077 and will amend the Amesbury Municipal Code in order to modernize the City’s winter parking regulations. This bill proposes to eliminate the standing overnight parking ban currently September 10, 2019 11 in effect from December 1 – April 1, and replace it with new procedures that would allow the City to temporarily issue parking bans on a case-by-case basis during Snow Emergencies. Councilor Stanganelli moved to refer 2019-074 to the Ordinance Committee and the Traffic and Transportation Committee and to hold the public hearing on October 15, 2019. Councilor Wheeler seconded and it was voted Unanimous. 7. Councilor McMilleon moved to adjourn at 8:16 pm. Councilor Wheeler seconded and it was voted Unanimous. Respectfully submitted, Sharon Dunning Assistant City Clerk September 10, 2019 12