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Ordinance and Administration Committee

Regular Meeting

Amesbury, MA · April 20, 2021

AgendaMinutes

Minutes

RECEIVED By Ellie at 3:46 pm, 5/20/21 AMESBURY CITY HALL 62 Friend Street Amesbury, MA 01913 City Council Ordinance Committee Meeting Minutes Tuesday, April 20, 2021 Virtual meeting This meeting was conducted under the ‘Executive Order Suspending Certain Provisions of the Open Meeting Law G.L. c.30A, §20’, signed on March 12, 2020. The public can view this meeting on ACTV Channel 12, the ACTV website, or ACTV’s Facebook page. Public comment was made available by email ahead of time. Ordinance Committee Chair Mandeville called the meeting to order at 7:01 PM Roll Call was taken and present were: Attorney Johnson, Councilor Lennon, Attorney Raffa, Councilor Rinaldi and Councilor Mandeville. Minutes for approval: March 16, 2021 Councilor Lennon motioned approve the City Council Ordinance Committee minutes from March 16, 2021. Councilor Rinaldi seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-043  Councilor Mandeville read an email that contained the re-wording of a definition for “electronic advertising” created by Attorney Raffa: o "Electronic Advertising: A sign defined as a type of Electronic Message Display (EMD) sign that may be electronically or computer-controlled to change messages displayed whether free-standing or attached to a structure, double-faced, back-to-back or V- shaped, or any size or height that serves to advertise, direct or call attention to any business, article, substance, or services, products, events, or commodities. Electronic Advertising shall be prohibited if located either outside or inside of a building or structure and visible from outside. Any Electronic Advertising signs that would be prohibited hereunder which is in use as of the effective date of this Ordinance shall be allowed until such time as the use of said Electronic Advertising is discontinued." Councilor Lennon motioned to continue order 2021-043 to the June 15, 2021 Ordinance Committee meeting pending the Planning Board hearing. Councilor Rinaldi seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-044  Councilor Rinaldi asked about the financial aspect of this order in regards to where this money is coming from to pay for this program. He mentioned the first draft of this program contained a split tax clause. o Councilor Lennon informed Councilor Rinaldi there is a red-lined resubmission by Councilor Stanganelli (* see attached *). o She said the order does not specify which overlay account is being used to draw out the funds for this order and she would like more clarity on that. Councilor Rinaldi motioned to send order 2021-044 as amended back to City Council with a positive recommendation. Attorney Johnson seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-052  Councilor Rinaldi explained there is an existing program that of which this bill will modify it. The original program was made in 1996 and last modified in 2000. He mentioned there are only 2 to 3 people a year who use this particular program.  Chief Assessor, Todd Laramie, stated he believed this bill would make the program available for more people. Councilor Rinaldi motioned to send order 2021-052 back to City Council with a positive recommendation. Attorney Raffa seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-061  Chief Planner, Nipun Jain, gave a brief summary and background to how and why the bill came to be. o He made note that the document on file with the restoration restrictions was reviewed and accepted by KP Law, Amesbury Historical Commission and the Planning Board  Councilor Mandeville clarified that this order, 2021-061 and orders 2021-062 and 2021-063 are all part of a big restoration project on the same property. Councilor Lennon motioned to send order 2021-061 back to City Council with a positive recommendation. Attorney Raffa seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-062  Nipun explained within the three consecutive bills associated with this project there are actually two different properties; 140 Main Street (the topic of the previous order) and 142 Main Street. 140 Main Street is the house next to the church and 142 Main Street is the church. This project is for reconfiguring the building there for light manufacturing and commercial use. The main goal is to preserve the original building structures.  Councilor Lennon asked if the church has a sprinkler system. o Nipun answered, yes. Councilor Lennon motioned to send order 2021-062 back to City Council with a positive recommendation. Councilor Rinaldi seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-063  Councilor Mandeville summarized the order by say, this project is essentially a curb cut to make way for a loading/unloading parking space parallel to the road.  Nipun explained further this is not really a curb cut, and would not take away the sidewalk but move it onto the land creating the space for the loading/unloading zone on the street.  Councilor Lennon asked if this space would be on Naysons Court. o Nipun replied yes.  Councilor Lennon stated she would like the site plan (* see attached *) that reflects the change could be included when the bill is memorialized. Councilor Rinaldi motioned to send order 2021-063 back to City Council with a positive recommendation. Councilor Lennon seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-064  Councilor Lennon stated the sewer easement has been released and at the time of that discussion there was no plan reflecting the location of the pipes.  Director of the Department of Public Works, Rob Desmarais, responded, by saying there is no documentation of the easement but there is a reference plan and the location of the pipes is known.  Councilor Lennon asked Rob, to explain how the water line relates to the Chapter 91 bulkhead. o Rob responded by saying the water line goes across the Powow River to Alliance Park traveling under the bulkhead wall. It was discontinued in 2005 at the latest, when the new bridge was installed. Councilor Lennon motioned to send order 2021-064 back to City Council with a positive recommendation. Councilor Rinaldi seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-065  Councilor Lennon asked to confirm that this language was pulled down from Chapter 44 and the Council is not changing anything rather updating. o Chief of Staff, Paul Fahey, replied, he believes this to be true.  Councilor Lennon asked to confirm that the City is changing the charter in the way the trustees are appointed when they were previously elected. Leading from that, she asked if Chapter 44 reflects the changes within the entirety of the charter. o Paul responded by saying KP Law did another cut through of the charter and the finalized version will be discussed at the May 11th City Council meeting, he will, however, pose that concern to Attorney Goldberg and have an answer for the next meeting. Councilor Lennon motioned to send order 2021-065 back to City Council with a positive recommendation. Councilor Rinaldi seconded this motion. Roll call was taken, 5 out of 5 members voted yes. Motion passed. 2021-066  Councilor Mandeville proclaimed he was asked to continue this order to the next meeting. Attorney Johnson motioned to continue order 2021-066 until the next regularly scheduled Ordinance Committee meeting. Attorney Raffa seconded this motion. 5 out of 5 members voted yes. Motion passed. Councilor Lennon motioned to adjourn. Attorney Raffa seconded this motion. Roll call was taken. 5 out of 5 members voted yes. Motion passed. Meeting adjourned at 7:54 pm Respectfully Submitted, Ellie Andersen April 29, 2021

Agenda

RECEIVED By Ellie at 2:17 pm, 4/15/21 AMESBURY CITY HALL 62 Friend Street Amesbury, MA 01913 MEETING NOTICE POSTED IN ACCORDANCE WITH THE PROVISIONS OF M.G.L. CHAPTER 30A §§18-25 Version 7.1.10 City Council Ordinance Committee Meeting Tuesday, April 20, 2021 at 7:00 PM Virtual Meeting NOTICE: This meeting will be conducted under the ‘Executive Order Suspending Certain Provisions of the Open Meeting Law G.L. c.30A, §20’, signed on March 12, 2020. You can also dial in using your phone United States: +1 (408) 650-3123 Access Code: 380-447-157 Topics for Discussion / Agenda: Roll Call Minutes for approval: March 16, 2021 2021-043 An Ordinance to amend Amesbury Zoning Bylaw (2015 as amended) to govern electronic signs, message boards, and billboards. Councilor’ Stanganelli, Mandeville and Lennon sponsor Summary: A measure to amend the Amesbury Zoning Bylaw by updating Section VII: Signs to include defined uses and restrictions on electronic outdoor advertising. 2021-044 An Ordinance to establish the higher senior tax exemption program (STEP), a means tested senior citizen property tax exemption – Councilor’ Stanganelli, Rinaldi and Hogg sponsor Summary: An ordinance to establish a means-tested senior citizen property tax exemption based on the Massachusetts Senior Circuit Breaker Tax Credit. 2021-052 An Ordinance to reduce interest rate charged annually on the deferred amount of property tax under the Senior Property Tax Deferral program. Summary: An Ordinance to lower the burden on senior taxpayers by lowering the interest rate charged on property taxes deferred under the Senior Property Tax Deferral program described under M.G.L. Chapter 59, Section 5, Clause 41A by adopting a lower interest rate during the deferral period and to increase the income limit for eligibility of the program by adopting the higher income limit set by the Senior Circuit Breaker Tax Credit to the “single not head of household level” (M.G.L. Chapter 62). 2021-061 An Order to approve and accept a historic preservation restriction on property located at 140 Main Street and to authorize the Mayor to execute said restriction on behalf of the City. –Mayor Sponsor Summary: The Planning Board approved an Application for Site Plan Review and a Historic Preservation Special Permit for property located at 140 Main Street, Amesbury, on July 27, 2020 (said approval recorded with the Essex South Registry of Deeds in Book 39031, Page 189.) The Planning Board required that a historic preservation restriction be prepared and recorded for the existing structure at the property, known as the “Currier House” or “First Methodist Church Parsonage,” described in a deed recorded with said Registry in Book 38176, Page 313. The existing residence was built between May 1, 1835 and April 30, 1836 by Moses Carter, a physician, and is a 4/5 house, reminiscent of the Greek Revival Period. The intent of this Order is to obtain the authorization of the City Council to acquire the historic preservation restriction and to authorize the Mayor to accept said restriction. 2021-062 An Order to approve and accept a historic preservation restriction on property located at 142 Main Street and to authorize the Mayor to execute said restriction on behalf of the City. –Mayor Sponsor Summary: The Planning Board approved an Application for Site Plan Review and a Special Permit – Light Manufacturing, for property located at 142 Main Street, Amesbury, on November 25, 2019 (said approval recorded with the Essex South Registry of Deeds in Book 38216, Page 511.) The Planning Board required that a historic preservation restriction be prepared and recorded for the church at the property, known as the “First Methodist Church,” described in a deed recorded with said Registry in Book 38176, Page 282. The church was constructed in or around 1887, and is one of the older churches in downtown Amesbury, with a number of original features. The intent of this Order is to obtain the authorization of the City Council to acquire the historic preservation restriction, and authorize the Mayor to accept the historic preservation restriction. 2021-063 An Order to approve and accept a public access easement on property located at 142 Main Street and to authorize the Mayor to execute said easement on behalf of the City. –Mayor Sponsor Summary: The Planning Board approved an Application for Site Plan Review and a Special Permit – Light Manufacturing, for property located at 142 Main Street, Amesbury, on November 25, 2019 (said approval recorded with the Essex South Registry of Deeds in Book 38216, Page 511.) The Planning Board required that a sidewalk be located on this property, being that property described in a deed recorded with the Registry in Book 38176, Page 282. The easement is off Naysons Court, and is shown on a plan entitled “Sidewalk Easement,” dated March 15, 2021, prepared by Winter GEC, LLC. The intent of this Order is to obtain the authorization of the City Council to acquire the public access easement, and authorize the Mayor to accept the public access easement. 2021-064 An Order to authorize the Mayor to release a Water Easement Located at 14 Merrimac Street. –Mayor Sponsor Summary: The property located at 14 Merrimac Street is subject to a water easement described in an instrument recorded with the Essex South District Registry of Deeds in Book 2426, Page 480. The Department of Public Works has made a determination that the water easement is no longer needed. If the City Council adopts this order, the Mayor would then execute the document necessary to release the water easement, so that it no longer burdens the property at 14 Merrimac Street. The City released the sewer easement on the same property (Bill 2020-008) earlier this year. 2021-065 An Order to amend Part I of the Administrative Legislation Ordinance to add Chapter 8, Amesbury Housing Trust. –Mayor Sponsor Summary: The City Council, by vote taken on October 12, 2012, adopted an Order to Accept Massachusetts General Law Chapter 44 Section 55C, establishing a municipal affordable housing trust fund and to establish the Amesbury Housing Trust. This order will amend Part I of the Ordinance to add Chapter 8, Amesbury Housing Trust, to set forth the powers of the Trustees of the Amesbury Housing Trust and other terms governing said Trust. 2021-066 An Ordinance to accept the provisions of M.G.L. c.64G, s.3D to establish a Local Option Community Impact Fee on certain short term rental units within the City. –Mayor & Councilor Gilday Sponsor Summary: This ordinance will establish a local community impact fee of 3% of the total amount of rent upon each transfer of occupancy of a short term rental unit that is located in a two (2) family or three (3) family dwelling that includes the operator's primary residence. This ordinance shall also establish a local community impact fee of 3% of the total amount of rent upon each transfer of occupancy of a professionally managed unit that is located within the City. No less than 35% of these collected community impact fees shall be dedicated to the Amesbury Affordable Housing Trust. –Mayor and Councilor Gilday Sponsor Adjourn Respectfully Submitted, Ellie Andersen, April 15, 2021

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