City Council

RECEIVED By City Clerk at 2:27 pm, 3/10/22 AMESBURY CITY HALL 62 Friend Street Amesbury, MA 01913 978-388-8100 City Council Meeting Minutes HYBRID MEETING Amesbury High School Tuesday, November 9, 2021 7:00pm This meeting was conducted under S. 2475, An act relative to extending certain COVID-19 measures adopted during the state of emergency, signed on June 16, 2021 The public can view this meeting on: • ACTV Channel 12 • the ACTV website: amesburyctv.org/channel-12-live • or the ACTV Facebook Page: www.facebook.com/AmesburyCommunityTelevision Public comment was able to be made by: • Emailing your comment in advance to clerk@amesburyma.gov. Your comment will be read aloud at the appropriate time in the agenda and entered into the public record. • Commenting on the Facebook Live stream on Amesbury Community Television’s Facebook page, https://www.facebook.com/AmesburyCommunityTelevision. Please begin your comment with PUBLIC COMMENT if you would like it to be read aloud. If the public hearing for the item you wish to speak on has already been closed, your comment will be added to the record but not read aloud Members of the public were able to dial in to GoToMeeting at +1 (646) 749-3122 Access Code: 580-293-125 Copies of agenda items (first and second readings) can be found online at www.amesburyma.gov/city-council/pages/2021-council-bills Meeting was called to order at 7:20pm Pledge of Allegiance was led by Councilor Gilday. Members present were Councilors Gilday, Hogg, Kisieleski @ 7:35pm, Lennon, Mandeville, Rinaldi, Stanganelli, Wheeler and Einson There were no minutes for approval at this time. There were no Mayoral Appointments at this time The monthly list of licenses had two new Common Victualler applicants. Councilor Wheeler moved to approve the list of licenses as presented. Councilor Gilday seconded Roll Call was taken and it was voted IN FAVOR (8) Correspondence November 9, 2021 1  ∙ President/Vice President Communications Councilor Wheeler stated that he attended Amesbury Educational Foundation’s Annual Autumn Evening of Giving fundraiser. Almost $30,000 in rewards were made to qualifying programs in Amesbury’s public schools. He thanked AEFI for inviting him and for doing such amazing work on behalf of Amesbury students. He also thanked all the candidates who stood for the election last week and thanks to the voters who broke a record for turnout. Amesbury DPW posted on their webpage this morning about bagged leaf collection which will be on Saturday November 13 and the final date will be December 11. He reminded that MMA will be holding their Newly Elected Council training on Saturday, December 4 and he recommended the new Councilors to attend. It will be held in Marlborough at the Courtyard Marriott starting at 9am. He noted that the Council was invited to participate in the Amesbury Holiday Parade on December 4 at 3pm. MMA is holding their annual trade show in Boston on Friday January 21 and Saturday January 22, he recommended that they attend. He stated that the State Legislature started discussion on the bill to allocate about $3.5 billion worth of ARPA and state surplus funding. The Senate Bill #S2564. The State Senate’s legal folks are still working on their redraft of the consolidated charter changes. ∙ Communication from Elected Officials, Boards and Commissions None at this time ∙ Council Communications, Announcements and Committee Reports Councilor Stanganelli stated that there is a vaccine clinic for COVID as well as flu shots. Details can be found on the City Website. He offered a brief Finance Committee report on local meals taxes. While the measure did pass back then to allow us to have a local meals tax, the measure to set up the fund did not pass. Public Comment There was none. Council Response to Public Comment There was none. Second Readings Public Hearings – 2021-108 An Ordinance to adopt a limit on the number of licenses that may be issued for local cannabis retail sales locations. - Councilors Stanganelli, Rinaldi and Hogg Sponsor Summary: This ordinance implements the local option to limit the total number of retail cannabis licensees operating within the city. Councilor Stanganelli stated that they received today from the Chamber of Commerce a letter in support of extending retail cannabis sales to the downtown district. He noted back to the Chamber after consulting with our legal counsel there is still some work to be done regarding November 9, 2021 2 the language. He requested along with his co-sponsors on this to withdraw without prejudice so they can re- introduce in a more complete format in the new session. Councilor Stanganelli moved to withdraw 2021-108 without prejudice. Councilor Hogg seconded. Roll call was taken and it was voted IN FAVOR (7) 2021-111 An Ordinance to amend the Amesbury Zoning Bylaw to establish and extend the retail cannabis overlay district to the Central Business District. – Councilors Stanganelli and Rinaldi sponsor Summary: An Ordinance to amend the Amesbury zoning bylaw to extend the retail cannabis overlay district to allow retail sales of adult use and medical cannabis within the Commercial Zoning District of the Central Business District to be defined by Special Permit and site plan approval from the Planning Board; to amend section (XI.02) to the Amesbury Zoning Bylaw to regulate the permitting, locations, and operations of Adult Use Cannabis Establishments in this extended area; and to update the Zoning Map and the Table of Use Regulations in accordance with the changes. Councilor Stanganelli requested along with his co-sponsors on this to withdraw without prejudice so they can re-introduce in a more complete format in the new session Councilor Stanganelli moved to withdraw 2021-111 without prejudice. Councilor Mandeville seconded. Roll call was taken and it was voted IN FAVOR (7) Councilor Kisieleski joined the meeting at 7:35pm. Councilor Gilday moved to take 2021-139 and 2021-145 out of order. Councilor Rinaldi seconded Roll call was taken and it was voted IN FAVOR (9) 2021-139 An Order to authorize the Mayor to accept and expend a FY22 Municipal Road Safety (MRS) Program grant from the Commonwealth of Massachusetts, Executive Office of Public Safety & Security, Office of Grants & Research (OGR). – Mayor Sponsor Summary: This $29,749 MRS grant from OGR will fund traffic enforcement initiatives, including purchase of radar units and speed radar signs. Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021, in which 2021-139 was sent back to the City Council with a positive recommendation. Councilor Einson opened and closed the public hearing. Councilor Stanganelli moved to approve 2021-135 as presented. Councilor Mandeville seconded. Roll call was taken, and it was voted IN FAVOR (9) 2021-145 An Order to amend Council Order 2021-075 for purchase of portable Police Department radios - Mayor Sponsor Summary: In August 2021, the Police Department was working on the bidding process for the November 9, 2021 3 Radio Tower upgrade. As they were coordinating a site visit they had a conversation with Chris Ryan, Deputy Director of North Shore Regional Communications. Mr. Ryan stated that they would be willing to pay for the radio equipment and installation on Powow Hill and 180 Main Street, thus eliminating the need for the City to use its own funds for this project. Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021, in which 2021-145 was sent back to the City Council with a positive recommendation. Councilor Einson opened and closed the public hearing. Councilor Gilday moved to accept 2021-045 as presented. Councilor Hogg seconded. Roll call was taken, and it was voted IN FAVOR (9) 2021-135 A Resolution to Request Release of State-Appropriation for Construction of Soccer Fields at Woodsom Farm – Councilors Stanganelli, Rinaldi and Hogg Sponsor Summary: To support the construction of soccer fields at Woodsom Farm by requesting before expiration that state-appropriated funds allocated for this purpose be released to the City. Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021, in which 2021-135 was sent back to the City Council with a positive recommendation. Councilor Einson opened and closed the public hearing. Councilor Stanganelli moved to accept 2021-135 as presented. Councilor Gilday seconded. Councilor Wheeler stated that since he is an abutter to Woodsom Farm he will be abstaining. Roll call was taken, and it was voted IN FAVOR (8) ABSTAINED (1) Wheeler 2021-136 An Order to approve payment from the FY ’22 general fund operating budget for the below listed prior year invoices. – Mayor Sponsor Summary: The below listed invoices are for operating expenses related to supplies or services rendered in FY ’21 but for which funds were not encumbered by the corresponding city department at fiscal year-end. This order requests payment be made to the listed vendors from the corresponding department’s current year (FY ’22) operating budget in accordance with M.G.L. c. 44 s. 64. This vote requires a two thirds approval of the city council. Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021, in which 2021-136 was sent back to the City Council with a positive recommendation. He also noted that this $41,863.41 was spread out between the DPW, Water/Sewer, Schools and Assessors Department. Councilor Einson opened and closed the public hearing. November 9, 2021 4 Councilor Mandeville moved to accept 2021-136 as presented. Councilor Wheeler seconded. Roll call was taken, it was voted IN FAVOR (9) 2021-137 An Order to authorize the transfer of $145,000 from Ambulance Receipts Reserved for Appropriation to support the FY 22 Fire/Ambulance operating budget. - Mayor Sponsor Summary: Council Order 2021-001 voted $600,000 in Ambulance Receipts to support the FY 22 general fund operating budget. However, since Ambulance Receipts have declined during the pandemic there was only $455,106.57 available in the account at the time of the vote. Since this time, additional receipts have been collected. This order re-votes the remaining $145,000 to support the FY 22 operating budget as DOR will require a vote from an “available funding source.” Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021, in which 2021-137 was sent back to the City Council with a positive recommendation. Councilor Einson opened and closed the public hearing. Councilor Stanganelli moved to accept 2021-137 as presented. Councilor Hogg seconded, Roll call was taken, it was voted IN FAVOR (9) 2021-138 An Order to authorize the Mayor to expend a Massachusetts School Building Authority (MSBA) grant to replace the Amesbury Elementary School (AES) with a new building - Mayor Sponsor Summary: This grant (of up to $23,942,384) from MSBA was received in September 2019. It was never submitted to City Council for acceptance and authorization to spend by the previous administration. Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021, in which 2021-138 was sent back to the City Council with a positive recommendation. Councilor Einson opened and closed the public hearing. Councilor Mandeville moved to approve 2021-138 as presented. Councilor Wheeler seconded. Councilor Stanganelli noted that it is unfortunate that the previous administration did not see fit to complete its duty to present this at the end of the last session so that is why he will be voting no. Roll call was taken, it was voted IN FAVOR (7) OPPOSED (1) Stanganelli ABSTAINED (1) Lennon 2021-140 An Order to authorize the Mayor to accept and expend a FY2022 Community Compact Best Practices Grant from the Commonwealth of Massachusetts, Department of Revenue, Division of Local Services. – Mayor Sponsor Summary: This $25,000 Community Compact Best Practices grant is being awarded to support the City of Amesbury’s efforts to develop a comprehensive set of Human Resources policies and procedures and a robust training program to ensure that City personnel are fully prepared to address issues in today’s workplace. November 9, 2021 5 Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021 in which 2021-140 was sent back to the City Council with a positive recommendation. Councilor Einson opened and closed the public hearing. Councilor Gilday moved to approve 2021-140 as presented. Councilor Hogg seconded. Roll call was taken, it was voted IN FAVOR (9) 2021-141 An Order to authorize the Mayor to accept and expend a FY2022 Legislative Earmark Grant Award from the Commonwealth of Massachusetts, Executive Office of Elder Affairs. – Mayor Sponsor Summary: This $20,000 Legislative Earmark Grant Award is awarded to support the activities of the City of Amesbury’s Council on Aging. Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021, and 2021-141 was sent back to the City Council with a positive recommendation. Councilor Einson opened and closed the public hearing. Councilor Stanganelli moved to accept 2021-141 as presented. Councilor Gilday seconded. Roll call was taken and it was voted IN FAVOR (9) 2021-142 An Order to authorize the Mayor to expend, for its second year, a Drug Free Communities Support Program Grant from the United States Department of Health and Human Services (HHS) Center for Disease Control and Prevention (CDCP). – Mayor Sponsor Summary: This $125,000.00 Federal grant from HHS/CDCP will continue to fund the Partnership of Amesbury Community and Teens (PACT) Coalition’s Substance Abuse Prevention Program. This grant addresses two major goals: to establish and strengthen collaboration among communities, public and private non-profit agencies, and federal, state, local and tribal governments to support the efforts of community coalitions; and to reduce substance use among youth and, overtime, among adults. Councilor Stanganelli read the Finance Committee recommendation of October 26, 2021, in which 2021-142 was sent back to the City Council with a positive recommendation. Councilor Einson opened and closed the public hearing. Councilor Wheeler moved to approve 2021-142 as submitted. Councilor Hogg seconded. Roll call was taken, it was voted IN FAVOR (9) 2021-143 An Ordinance to strengthen the City’s Solid Waste Ordinance. – Mayor, Councilor Stanganelli and Councilor Hogg Sponsor November 9, 2021 6 Summary: Section 392-2 of the City Ordinances address placement for collection of solid waste receptacles. Given the increasing problems with rodents in the City and beyond, the Health Department has reviewed this ordinance and recommended additional language to ensure compliance with the Commonwealth’s Sanitary Code with respect to storage of garbage and rubbish. Councilor Mandeville read the Ordinance Committee recommendation of October 19, 2021, in which 2021-143 was sent back to the City Council with a positive recommendation and an amendment to change the language from “Be it Ordered” to “Be it Ordained”. Councilor Einson opened and closed the public hearing. Councilor Mandeville moved to accept 2021-143 with the recommendation from the Ordinance Committee. Councilor Wheeler seconded Roll call was taken, it was voted IN FAVOR (9) 2021-144 An Ordinance to authorize the City to create an Electric Vehicle (EV) Charging Station Revolving Fund for the collection of revenue obtained from sponsorships of advertising on EV charging stations and energy sales revenue. – Mayor and Councilor Rinaldi Sponsor Summary: In order to fund the maintenance contract for the eight (8) EV stations currently in Amesbury, the City, through the efforts of the Energy Committee, will solicit and contract with local business owners for advertisement on the EV charging stations. This revenue will also allow the City to reduce the cost of the energy dispensed during a charging session, making the stations more attractive to potential users. Councilor Mandeville read the Ordinance Committee recommendation of October 19, 2021, in which 2021-144 was sent back to the City Council with a positive recommendation and an amendment to change the wording from “Be it Ordered” to “Be it Ordained”. Councilor Einson opened and closed the public hearing. Councilor Wheeler moved to approve 2021-144 as amended by the Ordinance Committee. Councilor Mandeville seconded. Roll call was taken, it was voted IN FAVOR (9) Reconsideration (City Charter Section 2-8) 2021-110 An Ordinance to establish a process for Licensing Business Activities. – Councilors Stanganelli, Lennon and Rinaldi sponsor Summary: An Ordinance to establish enabling legislation to regulate businesses operating in the City of Amesbury and their fictitious names. Councilor Einson stated that the bill was approved at the October City Council meeting. On October 29, which is within 10 days after which the approved Ordinance being presented to the mayor was vetoed by Mayor Gove in the matter outlined in Section 2.8 of the Amesbury City Charter. The Council has 21 days from the time the measure was vetoed, which is November 19, to over-ride the mayor’s veto by 2/3 majority vote by the Council. He read a letter he received on October 29, 2021, from Mayor Gove. Dear President Einson and members of the City Council, November 9, 2021 7 Per section 2.8 of the City Charter, I am vetoing the above referenced ordinance which was presented to me on October 20, 2021. Upon a legal review of the ordinance, I have concerns that must be addressed before I can support it. As the ordinance states in its preamble, Chapter 110, Section 5 of Massachusetts General Law, speaks to certificates of persons conducting business in the commonwealth. It is important to note that these certificates are not licenses. As this statute already addresses the requirements for receiving said certificates and the penalties for not doing so, it appears the need for this Ordinance may be mute insofar as it relates to business certificates. I am aware that part of the intent of this ordinance was to replace the current system of General Business Licenses which appear to have no statutory basis in the Amesbury Ordinance, however, I believe that we should do a more detailed review of the current license requirements in Amesbury to determine appropriate oversight and licensing authority and make whatever desired changes we have after that review. One other issue of concern I have is Section 5, which speaks to uses of funds collected. Our legal review noted that there may be some issues with this approach as relates to state finance laws. I welcome the opportunity to work with the Council on a re-draft of this ordinance in order to address these concerns. Sincerely, Kassandra Gove, Mayor Councilor Einson stated that they have until November 19, 2021 to over-ride the mayor’s veto requiring a 2/3 majority to do so. Rather than keep everyone in suspense until November 19, he would like to settle this issue one way or the other this evening. Councilor Wheeler moved to sustain the mayor’s veto of 2021-110. Councilor Mandeville seconded. Councilor Stanganelli noted that he welcomed working with the Mayor’s Office on making corrections. He encouraged is reasoning for why he believes the City Council should have a line item in their budget for legal reviews as it would help as they draft legislation. He also noted that since KP LAW has noted that they have some issues with the last sections of the proposed item and use of funds, he feels there is some way to re-draft this so that we would effectively be able to accomplish what was listed as use of funds in that section. That being said, he will gladly vote to sustain the veto. Roll call was taken, it was voted IN FAVOR (8) OPPOSED (1) Lennon First Readings 2021-146 An Order to adopt the Precinct Boundary Map as amended by the 2020 Federal Census. –Mayor Sponsor Summary: Every ten years after the Federal Census is complete, new precinct boundary lines are drawn to reflect changes in the City’s population and to anticipate the needs of the City’s election system for the next decade. Councilor Wheeler moved to send 2021-146 to the Ordinance Committee and hold a public hearing at a Special City Council meeting to be held on November 23, 2021. Councilor Mandeville seconded. Roll call was taken, it was voted IN FAVOR (9) November 9, 2021 8 2021-147 An Order to request the City Council vote to increase the exemptions amount of qualified applicants. – Mayor Sponsor Summary: On an annual basis, the City council must vote to decide if the City of Amesbury shall increase the exemption amount of qualified applicants under the provisions of M.G.L. Councilor Wheeler moved to send 2021-147 to the Finance Committee and hold a public hearing at a Special City Council meeting to be held on December 7, 2021. Councilor Hogg seconded. Roll call was taken, it was voted IN FAVOR (8) ABSTAINED (1) Kisieleski 2021-148 An Order to request the City Council vote to hold the annual classification hearing to vote on four (4) separate items in order to establish the tax burdens for each class of property. – Mayor Sponsor Summary: On an annual basis, the City Council must vote on the issue of selecting a residential factor which will determine the percentage of the burden to be borne by each class of property. Councilor Stanganelli moved to send 2021-148 to the Finance Committee and hold a public hearing at a Special City Council meeting to be held on December 7, 2021. Councilor Hogg seconded. Roll call was taken, it was vote IN FAVOR (9) 2021-149 An Order to adopt M.G.L. Chapter 200A, Section 9A, relating to the disposition of unclaimed property by a city or town. – Mayor Sponsor Summary: M.G.L. Chapter 200A, §9A, provides for an alternative procedure for the disposing of abandoned funds, known as Tailings, held in the custody of the City. Tailings can include uncashed Accounts Payable checks, uncashed Payroll checks, and certain tax overpayments where the property owner cannot be found. Adopting this statute allows for a more efficient and expedited process for the disposing of abandoned funds, allowing the Treasurer to take these funds as revenue into the General Fund after there have been several attempts to notify the check recipient, once one full year has passed since the original issuance. Without adopting this measure, the City would need to follow the Massachusetts Unclaimed Property Division’s annual reporting guidelines, follow their three-year dormancy period, use their due diligence process to notify the recipients, and escheat the funds to the state annually. This measure allows the City to retain the funds, while also allowing the Treasurer to follow their own timeframe for disposing of Tailings. Councilor Wheeler moved to send 2021-149 to the Finance Committee and hold a public hearing on December 14, 2021. Councilor Gilday seconded. Roll call was taken, it was voted IN FAVOR (9) 2021-150 An Order to authorize the Mayor to expend a FY22 community One Stop for Growth, Community Planning grant from the Commonwealth of Massachusetts Department of Housing & Community Development (DHCD). – Mayor Sponsor Summary: This $75,000 grant from DHCD will fund the East End Smart Growth Planning Project. The City will use scenario planning to explore land use, mobility, design and conservation options that will create a vibrant gateway into Amesbury and help the East End Neighborhood embrace smart and sustainable land uses. The result will be a menu of options for the neighborhood that will not stress our roads, water and sewer systems and are sensitive to neighborhood character, environment and residents. November 9, 2021 9 Councilor Stanganelli moved to send 2021-150 to the Finance Committee and to the Planning Board as an FYI and hold a public hearing at the City Council meeting on December 14, 2021. Councilor Gilday seconded. Roll call was taken, it was voted IN FAVOR (9) 2021-151 An Order to authorize the Mayor to expend an Economic Development Administration (EDA) grant from the United States Department of Commerce. – Mayor Sponsor Summary: This $22,500 grant from EDA will fund the Reimagining a Resilient Downtown Amesbury Project. This represents the federal share of the project cost, with a $22,900 non- federal matching share. Councilor Wheeler moved to send 2021-151 to the Finance Committee and hold a public hearing at the City Council meeting of December 14, 2021. Councilor Stanganelli seconded. Roll call was taken, it was voted IN FAVOR (9) Councilor Lennon moved to adjourn at 8:20pm Councilor Rinaldi seconded. Roll call was taken, it was voted IN FAVOR (7) PRESENT (1) Kisieleski and ABSTAINED (1) Mandeville Respectfully submitted, Sharon Dunning Assistant City Clerk November 9, 2021 10