City Council

By City Clerk at 3:59 pm, Apr 23, 2024 City of Amesbury Office of the City Clerk 62 Friend St. Amesbury, MA 01913 City Council Meeting Minutes September 26, 2023 7:00 PM President Nicholas Wheeler called the meeting to order at 7:12 PM. Councilor Adrienne Lennon led the Pledge of Allegiance. Roll call was taken, and present were Councilor Peter Frey, Councilor Jonathan Hickok, Councilor Michael Hogg, Councilor Scott Mandeville, Councilor Anthony Rinaldi, Councilor Steven Stanganelli, and Council President Nicholas Wheeler. Councilor Roger Deschenes joined the meeting at 8:02 PM. Also present: Acting City Clerk Jennifer Smith ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Minutes for approval Councilor Lennon offered a motion to approve the June 27, 2023 City Council meeting minutes as presented. Councilor Hogg seconded, and the motion passed unanimously, 8-0. Councilor Lennon offered a motion to approve the September 5, 2023 City Council meeting minutes as presented. Councilor Rinaldi seconded, and said motion passed unanimously, 8-0. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mayoral Appointments- None at this time ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Licenses and Permits None at this time ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Correspondence President/Vice President Communications: None at this time Communications from Elected Officials, Boards, and Commissions: -List of Grants & Gifts in the amount of $5,000 or less. -Mayor Memo 1  • President Wheeler read a memo from Mayor Gove regarding the list of grants & gifts in the amount of $5,000 or less per Bill #2020-118. Council Communications, Announcements and Committee Reports: • Councilor Hickok announced that he had stepped down as chair of the Budget & Finance Subcommittee due to family reasons, and that Councilor Stanganelli was voted as chair by the members of the committee. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Public Comment • Joseph Finn, 412 Main Street, spoke of how he sees no evidence of progress with 2022-116 and requested the City Council ask the Administration for a disclosure of this project’s progress. • Kirby Mastrangelo, owner of Hempire, 45 Main Street, spoke in favor of Bill # 2023-065. • Tracey Chalifour, 25 Clarks Road, asked the City Council and its subcommittees to address any pending traffic and transportation issues, and further stated that her questions regarding Bill #2023-005 have yet to be answered. • Michelle Park, 45 Main Street, spoke in favor of Bill #2023-065. • Jasmine Beg, 4 Longvale Lane, spoke in favor of Bill #2023-065. • Gina Faro, 45 Main Street, General Manager of Hempire, spoke in favor of Bill #2023-065. • Walter Margerison, owner of Wise House Coffee, 15 Friend Street, spoke in support of Bill #2023- 065 and craft businesses in Amesbury. • Stevie Bareford, owner of Barewolf Brewery, 12 Oakland Street, spoke in favor of Bill #2023-065. Council Response to Public Comment • Councilor Lennon thanked Mr. Finn for pointing out the matter of 2022-116, Ms. Chalifour for her diligence, and everyone who came out to speak in support of Hempire and Bill #2023-065. • Councilor Stanganelli thanked everyone for supporting Bill #2023-065 and pointed out that this bill does not represent any one business. • Councilor Hickok suggested Ms. Chalifour resubmit any traffic concerns through the new process. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Second Readings Public Hearings 2023-005 An Ordinance to amend the Amesbury Zoning Ordinance and the Amesbury Overlay Zoning Map in order to establish a new Smart Growth Overlay District pursuant to M.G.L. Chapter 40R and 760 CMR 59.00 that shall be known as the East End Smart Growth Overlay District. -Mayor Sponsor Summary: The City of Amesbury has received a Letter of Eligibility from the Massachusetts Department of Housing and Community Development for establishing a Smart Growth District pursuant to the provisions of M.G.L. Chapter 40R and 760 CMR 59.00. The proposed Smart Growth District will be known as the East End Smart Growth Overlay District (EE-SGOD). (See ordinance for full summary). • Councilor Lennon read the summary. Councilor Stanganelli recused himself as an abutter at 7:41 PM. • The City Clerk read the Planning Board’s memo dated June 13, 2023, which contained the board’s recommended revisions to 2023-005. The City Council took a brief recess at 7:45 PM and returned at 7:50 PM. 2  • Councilor Frey read the Ordinance & Administration Subcommittee vote of no recommendation, with the suggestion to modify Section XI.Q.10- Building Design from the word “situation” to “criteria”, and to change the bill reference number from 2022-005 to 2023-005. • Councilor Mandeville read the Planning & Development Subcommittee positive recommendation subject to the Planning Board’s comments. Mayor Gove introduced Nipun Jain, Director of Planning, who gave a presentation on the matter (see attached). Councilor Deschenes joined the meeting at 8:02 PM. • Councilor Mandeville questioned whether the document should include references to fast foods restaurants and drive thrus. • Mr. Jain agreed that language should be added to address those type establishments. • Councilor Lennon opined that the Rail Trail connection is not protected, and that open space is very small. • Councilor Hickok questioned what infrastructure has been identified as needing improvement. • Mr. Jain responded that traffic cannot be anticipated without a traffic study. • Councilor Hickok asked what the anticipated impact will be on the schools. • Mr. Jain stated that most of the 40R projects are contemplating smaller units, which equals less children. • President Wheeler asked if setbacks were reduced as part of the Planning Board recommendation. • Mr. Jain responded “yes”. • President Wheeler questioned how this would dovetail with the MBTA Zoning regulations. • Mr. Jain stated the MBTA Zoning does not require low income units so the 40R units can be used towards its requirements. • Councilor Deschenes asked if the city ends up with a better development with a 40R. • Mr. Jain responded that the short answer is yes. President Wheeler opened the public hearing at 8:57 PM. • Alex Loth, 111 Crown Ridge, No. Conway, NH, a project manager for properties on Clarks Road and Elm Street, spoke in favor of Bill #2023-005 and commended the administration for working so diligently to obtain public input on the matter. • Malcom McKay, 421 Main Street, spoke in favor of a 40R versus a 40B, and expressed concerns with density of the project. • Tracey Chalifour, 25 Clarks Road, opined that the zoning change will be impactful on the city. Councilor Mandeville offered a motion to amend 2023-005 Section XI.Q.5.2-Projects in the East End SGOD, 5.2.4 (f), second bullet Restaurant, to include Fast Food/Drive In establishment. Councilor Rinaldi seconded. • Councilor Hickok stated that District 1 will be negatively affected by heavy traffic. Said motion passed 7-1-1, Councilor Hogg opposed, Councilor Stanganelli recused. • Councilor Hickok stated he is in favor of the project, but not in favor of ignoring the traffic problem. 3 Councilor Rinaldi offered a motion to amend 2023-005 to incorporate the recommendation of the Planning Board memo dated June 15, 2023 to amend Section 11.Q.10.E to replace the word “situation” with “criteria” and the July 17, 2023 Ordinance and Administration subcommittee recommendation to amend the typographical error referring to the bill as 2022-005 to 2023-005. Councilor Mandeville seconded, and said motion passed unanimously 8-0-1, Councilor Stanganelli recused. Councilor Rinaldi offered a motion to approve 2023-005 as amended. Councilor Deschenes seconded, and said motion passed 7-1-1, Councilor Lennon opposed, Councilor Stanganelli recused. The City Council took a brief recess at 9:36 PM and returned at 9:44 PM. President Wheeler stated that the public hearing had not been officially closed and did so at 9:45 PM. Councilor Stanganelli returned to the meeting at 9:45 PM. 2023-029 An Ordinance to define and implement civil enforcement procedures for public marijuana (cannabis) consumption. – Mayor, Councilors Stanganelli, Rinaldi, & Deschenes Sponsor Summary: An Ordinance to provide for the regulation of the public consumption of marijuana (cannabis) not medically prescribed as provided for in MGL 94G, Section 13. • Councilor Lennon read the summary. • Councilor Frey read the Ordinance & Administration Subcommittee vote to continue the matter to its October 16, 2023 meeting. President Wheeler opened the public hearing at 9:46 PM. Councilor Stanganelli offered a motion to continue 2023-029 to the October 24, 2023 City Council meeting. Councilor Deschenes seconded, and the motion passed unanimously, 9-0. 2023-037 An Ordinance to adopt a Schedule of Fees for the Harbormaster’s Office, which is a function of the Amesbury Police Department. -Mayor Sponsor Summary: The intention of this ordinance is to adopt a Harbormaster’s Office Schedule of Fees to help fund City services. Well-designed charges and fees service reimburse the city for the costs of particularized services and promote service efficiency. It is expected that these fees will be periodically reviewed and updated. • Councilor Lennon read the summary. Councilor Mandeville offered a motion to withdraw 2023-037 without prejudice. Councilor Lennon seconded, and the motion passed 7-2, Councilor Stanganelli and President Wheeler opposed. 2023-066 An Ordinance to Amend the Amesbury Zoning Ordinances to Adopt a Limit on the Number of Retail Licenses to be Issued. - Councilor Stanganelli, Councilor Rinaldi, Councilor Deschenes, and Councilor Hogg Sponsors Summary: This zoning ordinance implements the local option to provide a cap to limit the total number of retail cannabis licensees operating within the city. • Councilor Lennon read the summary. • Sheila Beach, Executive Director of the Amesbury Chamber of Commerce, read a letter of recommendation from the Chamber in support of Bill #2023-066. 4  • Councilor Frey read the Ordinance & Administration Subcommittee vote to continue the matter to its October 16, 2023 meeting. • Councilor Mandeville read the Planning & Development Subcommittee vote to continue the matter to its October 18, 2023 meeting. Councilor Stanganelli offered a motion to continue 2023-066 to the October 24, 2023 City Council meeting. Councilor Deschenes seconded, and the motion passed unanimously, 9-0. 2023-080 An Order to authorize the mayor to accept and expend, for its fourth year, a Drug Free Communities Support Program Grant from the US Dept. of Health & Human Services Centers for Disease Control and Prevention - Mayor Sponsor Summary: This $125,000.00 federal grant from HHS/CDCP will fund the Partnership of Amesbury Community and Teens (PACT) Coalition’s Substance Abuse Prevention Program. This grant seeks to address 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, over time, among adults. • Councilor Lennon read the summary. • Councilor Stanganelli read the Budget & Finance Subcommittee positive recommendation. President Wheeler opened the public hearing at 10:00 PM. • Kelly McKora, 28 Glen Devin, spoke in favor of Bill # 2023-080. President Wheeler closed the public hearing at 10:01 PM. Councilor Mandeville offered a motion to approve 2023-080. Councilor Hogg seconded, and the motion passed unanimously, 9-0. 2023-081 An Order to authorize the mayor to accept and expend a grant from the Massachusetts Cultural Council for FY 2024 – Mayor Sponsor Summary: The Massachusetts Cultural Council has allocated $12,200.00 from the FY 2024 Local Cultural Council funds to the Amesbury Cultural Council’s local fund. • Councilor Lennon read the summary. • Councilor Stanganelli read the Budget & Finance Subcommittee positive recommendation. President Wheeler opened and closed the public hearing at 10:03 PM. Councilor Lennon offered a motion to approve 2023-081. Councilor Stanganelli seconded, and the motion passed unanimously, 9-0. 2023-082 An Order to approve payment from the FY24 general fund operating budget for the listed prior year invoices - Municipal Buildings, City Clerk, Assessors, Sewer – Mayor Sponsor Summary: The below listed invoices are for operating expenses related to supplies or services rendered in FY23 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 (FY24) operating budget in accordance with M.G.L. c. 44 s. 64. This vote requires a two thirds approval of the City Council. • Councilor Lennon read the summary. 5  • Councilor Stanganelli read the Budget & Finance Subcommittee positive recommendation. President Wheeler opened and closed the public hearing at 10:05 PM. Councilor Deschenes offered a motion to approve 2023-082. Councilor Stanganelli seconded, and the motion passed 8-1, Councilor Lennon opposed. 2023-083 An Order to authorize the mayor to accept and expend a grant in the amount of $133,000 from the Massachusetts Association of Council on Aging and Senior Center Directors, Inc. to fund the Amesbury Council on Aging's FY24 Elder Mental Health Outreach Team – Mayor Sponsor Summary: An Elder Mental Health Outreach Team (EMHOT) performs assessment and evaluation services, connects older adults with primary care and mental health providers, and delivers brief interventions designed to return elders to their previous state of mental and social health. Funds awarded by this grant will be used to supplement salaries, fringe and transportation costs for Amesbury’s behavioral health clinicians and administrators as well as supplement relevant allowable program expenses. • Councilor Lennon read the summary. • Councilor Stanganelli read the Budget & Finance Subcommittee positive recommendation. President Wheeler opened and closed the public hearing at 10:09 PM. Councilor Frey offered a motion to approve 2023-083. Councilor Mandeville seconded, and the motion passed unanimously, 9-0. 2023-084 An Ordinance updating the Motor Vehicle Excise Warrant Fee for the Treasurer/Collector Department and amending the Schedule of Fees – Mayor Sponsor Summary: This ordinance will update the Motor Vehicle Excise Warrant Fee for the Treasurer/Collector Department and the City’s Schedule of Fees. This fee is established by the provisions of G.L. c. 60, §15, and so a revision to the recently adopted fee and schedule is required to make the City’s Schedule of Fees consistent with state law. • Councilor Lennon read the summary. • Councilor Frey read the Ordinance & Administration Subcommittee positive recommendation. • Councilor Stanganelli read the Budget & Finance Subcommittee positive recommendation. President Wheeler opened and closed the public hearing at 10:13 PM. Councilor Lennon offered a motion to approve 2023-084. Councilor Stanganelli seconded, and the motion passed unanimously, 9-0. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Adjourn Councilor Lennon offered a motion to adjourn the meeting at 10:14 PM. Councilor Hogg seconded, and the motion passed unanimously, 9-0. Respectfully Submitted, Jennifer E. Smith City Clerk 6  Addendum N Public Contment / Public Hearing Speaker's Request Fornt In order to be recognized to speak on any matter you must complete all sections of this forrl. Name: - r.\oe t-t Address: City: State zip Home Phone ( Matter(s) on which you would like to speak: Please disclose any relationship as well as any direct or indirect financial intelest you 01'a family member, may have with this matter: I have read and understand the rules of decorum printed on the reverse of this form. Signature: Date: 1-ALr->3 Addendum N: Public Speaker Form  Addendum N Public Comment / Public Hearing Speaker's Request Form In order to be recognized to speak on any matter you must cornplete all sections of this fonn. Name: S+'aa- Address: City: state flA zip Home Phone ffi f, Matter(s) on which you would like to speak: Please disclose any relationship as well as any direct or indirect financial interest you or a farnily rnernber, rnay have with this rnatter: I have read and understand the rules of decorum printed on the reverse of this form. Signature: o*.,4'laufq3 Addendum N: Public Speaker Form  Addendum N Public Comment / Public Hearing Speaker's Request Fornt In order to be recognized to speak on any matter you rnust complete all sections of this form. Name: Address: City Home Phone ( ) --Ma4er(s).on which you ryould like to speak: UL (LAAC<4 I I C ) C/nL Zcirttq r- ftaltn ,rtft hcc,.,1 well as(ny fin*i{cial Please di.,sdlose any relationship as family direct or indirect interest you or a member, may have with this matter: It is imporlant to know that this is a cornment fonn. Specific questions should first be directed to the appropriate Depafiment Head relating to your question and then the Mayor, If you continue to have a specific question for the Municipal Council, please print your question clearly and if so recluested by tlie Council, we will atternpt to get a resporlse for you as soo11 as possible and respond to you during a fonnal Council meeting. I have read and understand the rules of decorum printed on the reverse of this fonl. Signature:' ,^-, 46/r:  Addendum N Public Comment / Public Hearing Speaker's Request Fornt In order to be recognized to speak on any matter you rnust complete all sections of this fom. Name: ilxvt\2, Address: \f N,i,n 0 t- ciry l\,fi*orr( ,on zip Home Phone ( ) Matter(s) on which you would like to speak: //i UiL Crr^^a - Please disclose any relationship as well as any direct or indirect financial interest you or a family rnember, may have with this matter: It is imporlant to know that this is a comment form. Specific questions should first be directed to the appropriate Deparlment Head relating to your question and then the Mayor. If you continue to have a specific question for the Municipal Council, please print your question clearly and if so requested by the Council, we will atternpt to get a response for you as soon as possible and respond to you during a fonnal Council meeting. h( adv lr L(4\ {i{t\ e,u O,,,lVtbutrl \ /4hr\ belet"tg +ra(tra au,d. +'u b al eUvo tl , I have read and understand the rules of printed on the reverse of this fonn. Signature: ,^r", ( /20  Addendum N Public Comment / Public Hearing Speaker's Request Fornt In order to be recognized to speak on any matter you must complete all sections of this lbmi. Name: Address: City: t*n f1,,,tA zip otl lS Home Phone (("0j ) 'bU {lt"O Matter(s)onwhichyouwouldliketospeak: P,'r tn, lr** f Please disolose any relationship as well as any direct or indirect financial interest you or a family membet', may have with this matter: I have read and the rules of decorum printed on the reverse of this fonl. Signatule: ou,",4Lp_pe& Addendum N: Public Speaker Form  Addendum N Public Contment / Public Hearing Speaker's Request Form In order to be recognized to speak on any rnatter you must complete all sections of this fonn. Natne: Address: Mqi,"t City: state M A zip Home Phone (1)) k3tt - Ylo " Matter(s) on which you would like to speak: ?-\b\\ L t Od\ynf n V Please disclose any relationship as well as any direct or indirect financial interest you or a family rnernber, rnay have with this matter: I have read the rules of decorum printed on the reverse of this fonl. Signature: o"t": glXy/2R Addendum N: Public Speaker Form  Addendum N Public Comment / Public Hearing Speaker's Request Fornt In order to be recognized to speak on any matter you must cornplete all sections of this fonn. ,(; Name: Address: zip C"9 (3 City: sffie flW uo,,,"ir'o, " fhfl Matter(s) on which you would rike to speak: ?Ofj tt C edl\(C=fi- Please disclose any relationship as well as any direct or indirect financial interest you or a family member, may have with this matter: I have read and understand rules of decorum printed on the reverse of this form. Signature: ,u", ?oZO t L? Addendum N: Public Speaker Form  Addendum N Public Comment / Public Heuring Speaker's Request Fornt In order to be recognized to speak on any matter you must cornplete all sections of this form. Name: I Address: City State Zip Home Phone ( ) I trE Matter(s) on which you would like to speak: .; Please disclose any relationship as well as any direct or indirect financial interest you or a family mernber, may have with this matter: It is irnporlant to know that this is a comment fonl. Specific questions should first be directed to the appropriate Depafiment Head relating to your question and then the Mayor. If you continue to have a specific question for the Municipal Council, please print your question clearly and if so requested by the Council, we will attempt to get a response for you as sooll as possible and respond to you during a fonnal Council meeting. r, I have read and understand the rules of decorum printed on the reverse of this form. Signature: Date:  Addendurn N Public Corument / Public Hearing Speaker's Request Form In order to be recognized to speak on any matter you must complete all sections of this form, .i, "ot^ Name: ,*i/<, City: State /ln+ zip C3 %Go Home Phone ( Matter(s) on which you would like to speak: 2o>z-a{ Please disclose any relationship as well as any direct or indirect financial interest you 01'a family member, may have with this rnatter: ',fc{ ^r'{*,,-a 4S+ ?77 ( 1,,-, et I have read and understand the rules of decorum printed on the reverse of this fonn. Signature: o"", lfza/>s Addendum N: Public Speaker Form  Addendum N Public Comment / Public Hearing Speaker's Request Fornt In order to be recognized to speak on any mattel you must complete all sections of this fonn. Name: (,-z\ l y., -[lq, Address: City: Home Phone ( Matter(s) on which you would like to speak: Le A5' b25 Please disclose any relationship as well as any dilect ol indirect financial interest you or a family member, may have with this matter': I have read and understand the rules of decorum printed on the reverse of this form. ,u", ?f " S/ z, Addendum N: Public Speaker Form  Addendum N Public Comment / Public Hearing Speaker's Request Form In order to be recognizedto k on any matter you must complete all sections of this form. <.< Name: n lr6ur Address: City Home Phone ( Matter(s) on which you would like to speak: ; '3 ' OOS Please disclose any relationship as well as any direct or indirect financial interest you or a farnily rnember, nay have with this matter: It is imporlant to know that this is a comtnent fonn. Specific questions should first be directed to the appropriate Depafiment Head relating to your question and then the Mayor. If you continue to have a specific question-for the Municipal Council, please print your question clearly and if so requested by the Council, wi will atienpt to get a respotlse for you as soon as possible and respond to you during a formal council rneeting. I have read and understand the rules ofdecorum printed on the reverse ofthis fonl. Signature: ,^,", qfs,fD  Addendum N Public Comment / Public Hearing Speaker's Request Fornt In order to be recognized to speak on any matter you must complete all sections of this fonn. Name: lc.l Address: City "g state MA zipetql.3 Home Phone ( ) C_o_t?.+t }'. Solg Matter(s) on which you would like to speak: - Please disclose auy relationship as well as any direct or indirect financial interest you or a family rnember, may have with this matter: It is irnporlant to know that this is a comment form. Specific questions should first be directed to the appropriate Depafitnent Head relating to your question and then the Mayor. If you continue to have a specific question for the Municipal Council, please print your question clearly and if so requested by the Council, we will attempt to get a response for you as soon as possible and respond to you during a fomtal Council rneeting. I have read and under les of decorum printed on the reverse of this fonn. q f eu/+s Signature: Date: _-7-