MA - Gloucester: Ordinances & Administration Committee

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Ordinances & Administration Committee

CITY OF GLOUCESTER 2019

CITY COUNCIL ORDER

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ORDERED that the Gloucester Code of Ordinances Chapter 22 Traffic and Motor Vehicles be AMENDED as follows:

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Amend Sec. 22-270 Prohibited parking at all times by ADDING: Rackcliffe Street, both sides from its intersection with Fremont Street, southerly

direction its entire length to its dead end; and
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Amend Sec. 22-291 Tow-away zones by ADDING Rackcliffe Street, both sides from its intersection with Fremont Street, southerly direction its entire

length to its dead end; and
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FURTHER ORDERED that this matter be referred to the Ordinances Administration Standing Committee and the Traffic Commission for review and

recommendation to the City Council.
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Scott Memhard Ward 1 Councillor

ORDER: CC 2019-022 COUNCILLORS: Scott Memhard

DATE RECEIVED BY COUNCIL: 05/28/19 REFERRED TO: O A Traffic Commission FOR COUNCIL VOTE:

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City Council Meeting 05/14/2019 Page 1 of 9

GLOUCESTER CITY COUNCIL MEETING Tuesday, May 14, 2019 7:00 p.m.

Kyrouz Auditorium City Hall -MINUTES-

Present: Chair, Councilor Paul Lundberg; Vice Chair, Councilor Steven LeBlanc, Jr.; Councilor Melissa Cox; Councilor Valerie Gilman; Councilor

Kenneth Hecht; Councilor Jennifer Holmgren; Councilor Scott Memhard; Councilor Sean Nolan; Councilor James O Hara Absent: None. Also Present: Mayor Theken; Joanne Senos; Jim Destino; Chip Payson; John Dunn; Dr. Richard Safier; Vanessa Krawczyk
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The meeting was called to order at 7:00 p.m. The Council President announced that this meeting is recorded by video and audio in accordance with

state Open Meeting Law.
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Flag Salute Moment of Silence. Council President Lundberg dedicated the Moment of Silence in memory of Beth Coolidge who recently passed away. He

highlighted that Mrs. Coolidge was a friend of the city in so many ways, known through her work with many non-profit organizations dear to the community such as the Open Door Food Pantry, the Addison Gilbert Hospital, and the Gloucester Dog Park. Her generosity of spirit represents the best of our city.
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Presentations/Commendations: 1. Rachel M. Rex, M.Ed.; Gloucester High School Science Department: Environmental Issues Class presentation

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on sea level rise

Rachel Rex, Gloucester High School science teacher introduced her students, Thad Fulmer, 24 Atlantic

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Road; Ryan Argentino, 21 Prospect Square, and Sydney McKay, 8 Coggshall Road, who gave a PowerPoint presentation entitled, Climate Change Risks to

Gloucester: Rising Sea-Level and Storm Surges by Liz Duff and the GHS Environmental Issues Class, which is based on their work developed in Ms. Rex s class duly enrolled with Endicott College with the assistance of Liz Duff:
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COUNCILOR COMMENT: Councilor Gilman noted a previous June 2018 workshop on sea rise, and asked if Ms. Rex to speak about what the city has done for

action plans and its priorities. Ms. Rex advised that the Mayor was at their presentation and briefly elaborated on the many different city programs under way and plans for the future. She expressed her hope to establish a way in which to talk about global climate change and what actions they can take for the future. Councilor Holmgren extended her of thanks to Ms. Rex, Ms. Duff and the GHS students. Councilor Cox asked that Ms. Rex forward the presentation to the City Clerk s office for the Councilors to review. Councilor O Hara asked about the GHS campus and sea rise. Mr. Argentino recounted the GHS parking lot flooded during an exceptionally high storm surge, saying they didn t have a lot of notice that the storm would rise so much. He indicated that storm surge is problematic noting that the GHS campus is particularly vulnerable. Councilor Gilman highlighted that the Administration has a plan for the GHS seawall which is up for review and approval for a capital expense to shore the seawall up so storm surge will be diverted. She added that the city is trying to tackle the problem, although they have to wait for grants and other funding to begin the work. Council President Lundberg noted several Councilors were present for this student presentation several months ago, explaining that he wanted to bring to the Council for a broader public audience. He thanked the students for their comprehensive information.
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Oral Communications:

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The following residents of Gloucester spoke out against the location of a new consolidated East Gloucester and Veterans Memorial Elementary Schools

on Green Street on a property owned by the city of Gloucester that is currently a neighborhood park.
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Name: Caitlin Pszenny

City Council Meeting 05/14/2019 Page 2 of 9

Address: 27 30 Dodge Street Written statement placed on file.

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Name: Linda McDonald Address: 18 Ledgemont Avenue Written statement placed on file.

Name: Mary Ann Albert Bouche Address: 93 Mt. Pleasant Avenue Written statement placed on file.

Name: Lara Jardullo Address: 2 Ocean Avenue, 3N

Name: Don Moody Address 17 Dodge Street which abuts the Green Street Park Written statement placed on file.

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Name: Shawn Gadbois Address 2R Green Street

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Name: Beth Brau Address: Dodge Street Written statement placed on file.

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Name: Tracy O Neil Address: 12 Friend Street, 1

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Name: Elmer Magana Address: 19 Dodge Street

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Name: Glen Bresnahan Address: 514 Essex Avenue

Name: Sarah Doucette and son, Anthony Address: 32 Trask Street

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Name: Jillian Amero Address: Hartz Street

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Name: John O Hara Address: Of Magnolia Subject: Concern for the use of the Magnolia Town Landing as well as voicing objection for building on

city green spaces.

At request of Council President Lundberg 33 people present raised their hands in opposition to the Green Street location for a new school. Council

President Lundberg explained this (site selection) is far from a done deal and that there would be a public hearing on the matter, and that there will have to be a vote for financing, likely an override that all city voters would have to weigh in on. He assured the Council would do the right thing for the citizens of Gloucester.
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Confirmation of New Appointments:

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Fisheries Commission Captain Salvatore Sam Novello (Cont d from 3/4/19) TTE 02/14/22

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City Council Meeting 05/14/2019 Page 3 of 9

COMMITTEE RECOMMENDATION: On a motion by Councilor O Hara, seconded by Councilor Nolan, the Ordinances Administration Committee voted 3 in favor, 0

opposed, to recommend that the City Council appoint Captain Salvatore Sam Novello to the Fisheries Commission, TTE 02/14/22.
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DISCUSSION:

Councilor LeBlanc conveyed that Capt. Novello has been on the ocean for 10,000 days, that he is a family fisherman who owned several boats, and will

bring that knowledge to the Fisheries Commission to help steer it in the right direction.
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MOTION: On a motion by Councilor LeBlanc, seconded by Councilor Nolan, the City Council voted 9 in favor, 0 opposed, to appoint Captain Salvatore Sam

Novello to the Fisheries Commission, TTE 02/14/22.
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Licensing Board Melissa Teixeira Prince TTE 05/31/23

NOTE: Ms. Teixeira Prince is fulfilling the unexpired term of Meredith Fine.

COMMITTEE RECOMMENDATION: On a motion by Councilor O Hara, seconded by Councilor Nolan, the Ordinances Administration Committee voted 3 in favor, 0

opposed, to recommend that the City Council appoint Melissa Teixeira Prince to the Licensing Board, TTE 05/31/23.
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DISCUSSION:

Councilor LeBlanc explained that Ms. Teixeira Prince was currently in a full house Licensing Board meeting going on simultaneously with the City

Council meeting. He highlighted that Ms. Teixeira Prince is well known for all that she does for the city. Councilor Gilman added that she worked for six years on the School Committee with Ms. Teixeira Prince noting her commitment to this new appointment, which she termed as excellent for the city.
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MOTION: On a motion by Councilor LeBlanc, seconded by Councilor Nolan, City Council voted 9 in favor, 0 opposed, to appoint Melissa Teixeira Prince

to the Licensing Board, TTE 05/31/23.
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Zoning Board of Appeals Adria Pratt (from Alternate to Full Member) TTE 02/14/22

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COMMITTEE RECOMMENDATION: On a motion by Councilor O Hara, seconded by Councilor Nolan, the Ordinances Administration Committee voted 3 in favor, 0

opposed, to recommend that the City Council appoint Adria Pratt to the Zoning Board of Appeals as a Full Member, TTE 02/14/22.
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DISCUSSION:

Councilor LeBlanc advised that this is simply bringing Ms. Pratt to full

MOTION: On a motion by Councilor LeBlanc, seconded by Councilor Nolan, the City Council voted 9 in favor, 0 opposed, to appoint Adria Pratt to the

Zoning Board of Appeals as a Full Member, TTE 02/14/22.
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Consent Agenda:

CONFIRMATION OF REAPPOINTMENTS 1. Licensing Board John Lamirande TTE 05/31/25

MAYOR S REPORT 1. Memorandum from Human Resources Director re: amendment to the Personnel Ordinance for Job Classification, AFSCME A (Refer O A) 2.

Memorandum from Human Resources Director re: draft Disabilities Rights Commission Ordinance (Refer O A) 3. Memorandum from Mayor re: endorsement of the establishment of a Dogtown Preservation Commission (Refer O A P D) 4. Memorandum from Assistant DPW Director re: request approval to pay FY18 invoice with FY19 funds (Refer B F) 5. Special Budgetary Transfer Request 2019-SBT-11 from the Police Department (Refer B F) 6. Memorandum from EMS Coordinator re: proposal to update the Fire Department Ambulance Service Billing Collection Policy, and write-off of uncollectable debt (Refer B F) 7. Memorandum from Community Development Director re: request acceptance of the PY19/FY20 Community Development Block Grant (CDBG) and Entitlement and HOME allocations totaling 749,635 (Refer B F) 8. Memorandum from the CFO re: request amendment to Loan Order 2019-001 to increase it by 250,000 for engineering and construction costs (Refer B F)
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City Council Meeting 05/14/2019 Page 4 of 9

INFORMATION ONLY COMMUNICATIONS/INVITATIONS

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1. Invitation from the Cape Ann Veterans Services to the Memorial Day Ceremony on May 27, 2019 (Info Only) APPLICATIONS/PETITIONS

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1. Special Events Application: Request to hold the Magnolia Community Farmers Market, Sundays, June 9-Sept. 15, 2019 (Refer P D) 2. Special Events

Application: Request to hold the Gloucester Police Community Safety Day July 13, 2019 (Refer P D) 3. Special Events Application: Request to hold the Fishbox Derby on September 29, 2019 (Refer P D) 4. Application of Eric Magers for a Permit for Scientific Research in the Coastal Waters Tidal Flats of the City of Gloucester pursuant to GCO Ch. 20, Sec. 20-27 Permits for Scientific Works in coastal waters and flats of city (Refer O A)
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COUNCILORS ORDERS 1. CC2019-019 (Gilman): Amend GCO Ch. 2 Administration, Div. 8 Human Rights Commission, by ADDING Secs. 2-502

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Disabilities Rights Commission Established; Terms, 2-503 Election of chairperson; rules of procedure; quorum, 2-504 Purposes, 2-505 Definition of

person with disability, 2-506 Powers and duties, and 2-507 Records (Refer O A)
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2. CC2019-020 (Gilman): Amend GCO Ch. 2 Administration, Article V Boards, Commissions, Councils and Committees be Amended by ADDING a new Div. 18

entitled, Dogtown Preservation Commission (Refer O A P D) 3. CC2019-021 (Memhard): Amend GCO Ch. 22 Traffic and Motor Vehicles, Sec. 22-292 Fire Lanes be amended re: Horton Street (Refer O A TC)
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APPROVAL OF MINUTES FROM PREVIOUS COUNCIL AND STANDING COMMITTEE MEETINGS 1. City Council Meeting: 04/23/2019 (Approve/File) 2. City Council Special

Meeting: 05/07/2019 3. Standing Committee Meetings: B F 05/9/19 (no meeting), O A 05/06/19, P D 05/08/19 (Approve/File)

Items to be added/deleted from the Consent Agenda:

Councilor Gilman asked to remove Item 2019-020 under the Mayor s Report, advising the Council that this Order is to replace the Ad Hoc Commission now

needs to become a city-appointed board that has the strength of other city Commissions. The plan would be to keep the Dogtown Advisory Commission until this new Dogtown Preservation Commission is approved and codified, she noted. She pointed out they are working on a plan which would be presented to the Administration and the Council after the transition. CC2019-020 was voted unanimously by the Council to be referred to O A and P D Committees.
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By unanimous consent of the City Council the Consent Agenda was accepted as amended.

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Committee Reports:

Budget Finance: May 9 (No Meeting)

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Ordinances Administration: May 6

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There were no matters for Council action from this meeting. There was a withdrawal of a Council Order, but withdrawal of Council Orders no longer

comes to Council for a vote, Councilor LeBlanc advised.
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Planning Development: May 8

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There were no matters for Council action from this meeting; however, Councilor Gilman, Chair of the P D Committee, reported that P D voted an Ad Hoc

Committee to study Affordable Housing within Assisted Living Residences. She mentioned that Gregg Cademartori, Planning Director, is aware of this effort which will be collaborative. Council President Lundberg noted that during the consideration of the last iteration of Gloucester Crossing he first proposed initially they only look at the Assisted Living Residence at Gloucester Crossing, but that the vision has expanded for the better.
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Scheduled Public Hearings:

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1. PH2019-023: Loan Authorization in the amount of 1,850,000 to abate asbestos in the Plum Cove School

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Boiler Room, and improvements to the Gloucester High School Field House

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This public hearing is opened at 8:08 p.m. Those speaking in favor:

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City Council Meeting 05/14/2019 Page 5 of 9

John Dunn, CFO explained that the 1,850,000 loan order is to be used as follows: The first portion of the loan request (for 225,000) is for the Plum

Cove Elementary School for asbestos remediation. This remediation is to remove floor tiling and some minor asbestos removal in the insulation around fittings for the school s boiler. Not much engineering is necessary for this work. The bid package is ready to go out once the loan order is approved. The abatement will start in July and will be finished before school starts in September. The second part of the loan order (for 1,625,000) which is the larger portion will be used for work to be done in the GHS Field House to remove the current floor and its replacement which has been failing for a number of years. The recommendation would involve the removal of the floor, its replacement; replacement of lighting fixtures with LED lighting (and bleachers). The work will be done in terms of engineering and design work will be done during the summer. The project is estimated to take once under construction three to four months. It was noted that the best timing may be to start in the late spring and continue to completion in the early fall. The timing for construction is based on the fact that the Field House is less used from late spring to early fall as well as school summer break. Jonathan Pope, School Committee Chair, asked for the Council s support for the loan order noting they ve known the Field House floor has been faulty since its installation. He thanked the Administration for finding a way to leverage resources to maintain their buildings. Kathy Clancy, School Committee member, expressed her agreement with Mr. Pope s assertions noting some of the many issues with the Field House. Home indoor track events have not been held due to the Field House s poor condition. She expressed her support of the loan order and also expressed her gratitude to the Administration. J.D. McEachern, Jr., Poplar Park, noting he was part of the original Field House Building Committee, expressed his support for the loan order to fix the Field House saying the facility is very important to high school sports. Those speaking in opposition: None. Communications: None. Councilor Questions: Councilor Gilman expressed she was eager to get the Field House completed quickly so students can begin to use the facility sooner rather than later. She noted work is scheduled for 2020 and asked what is holding it back. Mr. Dunn noted that over the summer the design work will be done and test drillings will be conducted which is easiest to do when students aren t there. The timing of the actual construction is up to the Administration in conjunction with the Superintendent s Office, the GHS Athletic Director and GHS Principal. They want to be able to use the space in the late fall and winter for students, and then start the work in the spring and complete it over the summer. He suggested the construction would be April through October. It means they re already past the window for 2019 construction, he noted. If others decide where they want to clear the space for the entire winter they can then begin the work, but there may be environmental concerns that have to be considered. He added that both of these projects are on the master list by Dore Whittier that the city needs to address, particularly the asbestos abatement. Dr. Richard Safier noted he spoke with Dore Whittier, the Athletic Director and GHS Principal. If the project were to be expedited, the Field House wouldn t be done before January or early February. He reported that the Athletic Director had conveyed he d like to have the work done at an accelerated pace but had listed many activities that take place during the winter in the Field House; and the Principal had expressed agreement that not having the Field House available for physical education and extracurricular activity during the winter would be a detriment to the students who d lose a half year of use. Historically there is a negative legacy of construction of the Field House which is still on the minds of the staff and the neighborhood which is why they prefer to do the work when the building isn t occupied, he advised. Councilor Holmgren noted she attended GHS from 1994 to 1998 when the Field House was built, and expressed her appreciation that the floor was going to be fixed. Considering the amount of irritation and illness that the chemicals in the floor caused when originally installed, she asked that there be caution in rebuilding the floor as to the types of materials used for its construction and as well as the types of chemicals used as sealants. Dr. Safier assured that the main focus is to ensure a healthy and environmentally sound building. Councilor O Hara, noting quality control and environmental controls, asked what city department will have control over this project once it moves forward. Mr. Destino explained that the DPW Director will have a lot to say about this project and will oversee it in conjunction with the Schools -- it will be a team effort, but Mr. Hale will be taking point on the facility, he assured. Councilor O Hara asked if there was money in the budget for environmental engineering. Mr. Destino advised they are checking these things off to ensure that the facilities are maintained for the long term and will be done correctly. They will get bids from qualified contractors, he assured. This public hearing is closed at 8:24 p.m.
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City Council Meeting 05/14/2019 Page 6 of 9

COMMITTEE RECOMMENDATION: On a motion by Councilor Hecht, seconded by Councilor Memhard, the Budget Finance Committee voted 3 in favor, 0 opposed, to

recommend that the City Council approve the following a loan authorization of 1,850,000 as follows:
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Ordered: That the City of Gloucester appropriates One Million Eight Hundred Fifty Thousand Dollars ( 1,850,000) to pay costs of improvements to the

Plum Cove Elementary School and Gloucester High School, including costs incidental or related thereto. To meet this appropriation the Treasurer, with the approval of the Mayor is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, Section 7, or pursuant to any other enabling authority. The Mayor and any other appropriate official of the city are authorized to apply for, accept and expend any grants or gifts that may be available to the City to pay costs of the projects. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
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Further Ordered: That the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of

the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes.
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DISCUSSION:

Councilor O Hara pointed out that while this is a lot of money, it s important to preserve the Field House for the benefit of the students to

exercise, and all other types of activities. They are cognizant of the cost but that they need to give students a good environment, he pointed out.
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MOTION: On a motion by Councilor Cox, seconded by Councilor Memhard, the City Council voted by ROLL CALL 9 in favor, 0 opposed, to approve the

following a loan authorization of 1,850,000 as follows:
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Ordered: That the City of Gloucester appropriates One Million Eight Hundred Fifty Thousand Dollars ( 1,850,000) to pay costs of improvements to the

Plum Cove Elementary School and Gloucester High School, including costs incidental or related thereto. To meet this appropriation the Treasurer, with the approval of the Mayor is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, Section 7, or pursuant to any other enabling authority. The Mayor and any other appropriate official of the city are authorized to apply for, accept and expend any grants or gifts that may be available to the City to pay costs of the projects. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
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Further Ordered: That the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of

the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes.
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2. PH2019-024: Loan Order 2019-004: Loan Authorization in the amount of 650,000 for improvements to

the Stage Fort Park Visitor Center

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Councilor Nolan stepped away from the dais at 8:27 p.m. and returned at 8: p.m.

This public hearing is opened at 8:27 p.m. Those speaking in favor: Mr. Dunn described this request for a loan order for 650,000 for making

improvements to the Stage Fort Park Visitors Center as follows: This is a project that is on the list of recommendations for city facilities improvements. The porch is now restricted due to its poor condition. The Visitor Center s porch has had structural issues for
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City Council Meeting 05/14/2019 Page 7 of 9

several years now. The porch will have to be torn down and replaced; there will be some roof work along with architectural improvements to the

building itself. As a result, there will be some ADA compliance issues addressed, which was termed to not be onerous. The Community Development Director s statistics showed that the building sees 10,000 visitors come through its doors annually, representing 47 states, 7 Canadian provinces, 34 different countries. It was noted that this is about a four month project. The plans and engineering design work will be done over the summer and work will start late in September for exterior work and then move inside to finish the work. Councilor Cox noted with this fix there s been discussion about the Visitor s Center open longer to accommodate good weather before Memorial Day and past Labor Day. She asked if during the design work they could consider if heating the building was able to be done. Mr. Destino confirmed there was not heat in the building and Mr. Dunn advised that option could be explored while they are completing the design plans. Those speaking in opposition: None. Communications: None. Councilor Questions: None. This public hearing is closed at 8:32 p.m.
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COMMITTEE RECOMMENDATION: On a motion by Councilor Hecht, seconded by Councilor Memhard, the Budget Finance Committee voted 3 in favor, 0 opposed, to

recommend that the City Council approve the following a loan authorization of 650,000 as follows:
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Ordered: That the City of Gloucester appropriates Six Hundred Fifty Thousand Dollars ( 650,000) to pay costs of improvements to the Stage Fort Park

Visitors Center, including costs incidental or related thereto. To meet this appropriation the Treasurer, with the approval of the Mayor is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, Section 7, or pursuant to any other enabling authority. The Mayor and any other appropriate official of the city are authorized to apply for, accept and expend any grants or gifts that may be available to the City to pay costs of the projects. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
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Further Ordered: That the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of

the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes.
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DISCUSSION:

Council President Lundberg noting this and the previous loan order, he asked about the city s status as to its debt capacity. Mr. Dunn advised that

the city will be all right. He reported they haven t reviewed the totality of the Dore Whittier Facilities Report yet. However, the way debt runs off; the way they can increase the debt budget by 2.5 a year, that the city can afford to issue debt of about +/- 4 million a year in General Fund debt as opposed to the Enterprise Funds, and this is within that range, he conveyed.
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MOTION: On a motion by Councilor Cox, seconded by Councilor Memhard, the City Council voted by ROLL CALL 9 in favor, 0 opposed, to approve the

following a loan authorization of 650,000 as follows:
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Ordered: That the City of Gloucester appropriates Six Hundred Fifty Thousand Dollars ( 650,000) to pay costs of improvements to the Stage Fort Park

Visitors Center, including costs incidental or related thereto. To meet this appropriation the Treasurer, with the approval of the Mayor is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, Section 7, or pursuant to any other enabling authority. The Mayor and any other appropriate official of the city are authorized to apply for, accept and expend any grants or gifts that may be available to the City to pay costs of the projects. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
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City Council Meeting 05/14/2019 Page 8 of 9

Further Ordered: That the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of

the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes.
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3. PH2019-025: SCP2019-004: Fuller Street 35, Map 168, Lot 14, GZO Secs. 1.9, 3.1.6, 3.2.2 and 1.7 for a special permit to exceed the maximum

allowable building height, decrease the minimum lot area per
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dwelling unit and decrease the minimum open space per dwelling unit in the NB/R-20 district (TBC 5/28/19)

This public hearing is opened at 8:35 p.m. Council President Lundberg conveyed at the request of the Attorney for the Applicant, this matter is

continued to the Council s next regularly scheduled meeting of May 28, 2019. This public hearing continued to May 28, 2019 at 8:35 p.m.
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For Council Vote:

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1. Decision to Adopt: SCP2019-001: Chestnut Street 6- 8, Map 13, Lot 53, GZO Sec. 2.3.1(7) Conversion to or new multi-family or apartment dwelling,

four to six dwelling units; Sec. 3.1.6(b) Building Heights in Excess of 35 feet; Sec. 3.2.2(a) (b) Dimensional Requirements for Multi-Family Dwellings and Their Accessory Uses (other than signs)
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Councilor LeBlanc recused himself under MGL Ch. 268A for this Council vote as he has worked on the building in question and left the dais.

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MOTION: On a motion by Councilor Gilman, seconded by Councilor Holmgren, the City Council voted by ROLL CALL 8 in favor, 0 opposed, 1 (LeBlanc)

recused, to adopt the Special Council Permit decision for SCP2019-001 for Chestnut Street 6- 8 pursuant to Sections 2.3.1(7), 3.1.6(b), and 3.2.2(a) (b) of the Gloucester Zoning Ordinance.
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Councilor LeBlanc returned to the dais.

Unfinished Business: None. Individual Councilor s Discussion including Reports by Appointed Councilors to Committees: Update on the Council on Aging

Board from by City Council Representative, Councilor Valerie Gilman, highlighted the following programs: There is a smart driving program offered through AARP at 10:30 3:00 p.m. on May 23rd at the Rose Baker Senior Center; Aging with Dignity Workshop at 10:00 am, on May 29th hosted by Care Dimensions; Elder Law Education Program at 10:00 a.m. on May 22, 10 a.m. focused on taking control of your future. The Council on Aging Board has been actively discussing matters like Aging and Dementia-Friendly Cape Ann at a workshop last week at the Gloucester Elks attended by 250 people last week. Councilor Gilman noted that Council President Lundberg attended the COA s last board meeting talking about challenges of regional transport particularly for seniors, mentioning that he s has been active in a state-wide task force. She encouraged people to read the COA monthly newsletter.
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Councilors Requests to the Mayor: Councilor Holmgren noted that the previous week was designated Teacher Appreciation Week and Nurses Appreciation

Week. She expressed that she couldn t appreciate anyone more at this time than the City Clerk s Office because last week was also Municipal Clerk s Week, and offered her thanks to Joanne Senos, City Clerk, and her staff for all they do for the Council and city. She announced the following events: A short-term rental law informational meeting at the Sawyer Free Library this Thursday with Rep. Ferrante and Attorney Meredith Fine; the Generous Gardener s Annual Plant Sale will be held this Saturday, May 18th at the Fishermen s Wives Statue; May 30th is Action, Inc. s Annual Breakfast at the Elks at Bass Rocks. She expressed that the North Shore Health Project is grateful for the show of support for the recent Governor Baker Dinner benefitting the Health Project. Councilor Memhard announced the Sawyer Free Library Annual Meeting taking place on Monday, May 20th at 6:00 p.m. at the Library when the building plans will be unveiled during that meeting. He reported that the National Fish and Seafood plant on East Main Street abruptly closed. He thanked the Administration and Mayor s
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City Council Meeting 05/14/2019 Page 9 of 9

prompt, proactive and compassionate response for the affected employees. He noted this is a 40-year major business and brand whose closure saw a loss

of 150 job. He asked that the Mayor through the Building Inspector conduct a baseline decibel reading on the property of the National Fish and Seafood plant. He then gave an update on the Piping Plovers nest at Good Harbor Beach dunes reporting the nest has four eggs. There is an exclosure to protect the nest from predators as well as enforcement with new signage through the cooperative efforts of the DPW and Police. Councilor Cox announced a meeting of the Downtown Development Commission on May 16th at City Hall at 5:30 p.m. She reported pursuant to the issue of short-term rentals in the city that she s working with the Community Development Director on AirbnB regulations. There will be an art show at the Sawyer Free Library in June called, Where is It which will consist of art renderings or photographs and people will have to figure out where the photos or art renderings indicate or represent, highlighting she will have two photographs in that exhibition. Councilor LeBlanc noted a meeting with him and Councilor Memhard at Rocky Neck about the installation of the city s new kayak racks in the municipal parking lot and the neighbors who expressed concern as to the racks placement. He reported that the Harbormaster joined them at their visit to the site and was responsive to feedback. He reminded the Council that moving forward when matters are before the Council where such projects come before them it should behoove them to ask questions so as to account for community input and concerns. Councilor Hecht announced there is a Monday, May 20th meeting of the newly revitalized Tourism Commission, saying that they are looking for two more dynamic people to join the Commission, and asked that they contact him if interested. Councilor Gilman asked that a Request to the Mayor be submitted in her name and Councilor LeBlanc s name through the DPW Director to install 30 m.p.h. signs on both sides of Poplar Street from Maplewood Avenue to Washington Street. She announced the Memorial Day ceremony is on Monday, May 27 Monday at 10:30 a.m. in the GHS auditorium with lunch in the cafeteria afterwards. She noted passing out the cover sheet for Student Government Day and highlighted the content in the pamphlet created for the 25 participating High School students. She asked that Councilors arrive for their next regularly scheduled meeting at 6:15 p.m. for a brief reception which the public is encouraged to attend. She reminded the Council that the participating students will speak to them at their May 28th meeting. She noted that she and Councilor Holmgren have been working on this event for a year, and that Ms. Senos has assisted them in their effort. Councilor O Hara thanked everyone who turned out the previous day for the Red Cross blood drive reporting that state blood banks are very low, and that yesterday was his 309th donation which is the equivalent of 38 gallons of blood. There will be another Red Cross blood drive on June 26th at the Magnolia Library from 2:00 p.m. to 7:00 p.m.
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A motion was made, seconded and voted unanimously to adjourn the meeting at 8:56 p.m.

Respectfully submitted,

Dana C. Jorgensson Clerk of Committees

DOCUMENTS/ITEMS SUBMITTED AT MEETING: Written statements submitted under Oral Communications from the following Gloucester residents:

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Caitlin Pszenny, 27 30 Dodge Street Linda McDonald, 18 Ledgemont Avenue Mary Ann Albert Boucher, 93 Mt. Pleasant Avenue Beth Brau, 9 Dodge Street Don

Moody, 17 Dodge Street
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BUDGET FINANCE MEETING MINUTES

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5/23/2019

(UNDER SEPARATE COVER)

O A Committee 05/20/2019 Page 1 of 14

Ordinances Administration Committee Monday, May 20, 2019 6:00 p.m.

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1st Fl. Council Conference Room - City Hall -Minutes-

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Present: Chair, Councilor Steven LeBlanc; Vice Chair, Councilor Jamie O Hara; Councilor Sean Nolan Absent: None. Also Present: Councilor Lundberg;

Councilor Gilman; Councilor Hecht (entered the meeting at 6:17 p.m.); Joanne Senos; Jim Destino; Chip Payson; Karin Carroll; Peter Seminara; Vanessa Krawczyk
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The meeting was called to order at 6:00 p.m. There was a quorum of the City Council. Matters were taken out of order.

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1. Reappointments:

Gloucester Housing Authority Dorothy Martins TTE 05/28/24

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Ms. Martin appeared before the Committee to advise she wished to continue on the Board of the Gloucester Housing Authority. She noted that the

Housing Authority is very busy with new clients coming in all the time; and touched on several activities of the GHA Board. She pointed out they are also gifted with great staff.
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COMMITTEE RECOMMENDATION: On a motion by Councilor O Hara, seconded by Councilor Nolan, the Ordinances Administration Committee voted 3 in favor, 0

opposed, the Ordinances Administration Committee voted 3 in favor, 0 opposed to reappoint Dorothy Martins to the Gloucester Housing Authority, TTE 05/28/24.
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2. Application of Eric Magers for a Permit for Scientific Research in Coastal Waters Tidal Flats of the City of

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Gloucester pursuant to GCO Ch. 20, Sec. 20-27 Permits for Scientific Works in coastal waters and flats in the city

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Eric Magers, Seaside Sustainability, Inc., explained that Seaside Sustainability conducts a program called, Marine Citizen Science. He pointed out

McKenzie Woodman; Joshua Sheridan were present with him also from Seaside Sustainability. He reviewed they run about 10 protocols between Newburyport and Nahant although many of them are in Gloucester and Cape Ann. He mentioned that they do a lot of green crabbing ; conduct mudflat acidification assessments and monitoring; water quality testing; marine debris trawls. He described the program as giving local people; students for opportunities to become Marine Citizen Scientists. Councilor LeBlanc asked how Seaside Sustainability works with school classes to participate in their program. He indicated they approach Seaside Sustainability and don t especially advertise the program with no fee involved. Mr. Destino asked what areas in the city will Seaside Sustainability is accessing. Mr. Magers noted that in Gloucester they conduct mudflat testing at Dun Fudgin and water quality testing in the Saratoga Creek (behind Good Harbor Beach), both of which are city property with most of the work in the water. Mr. Destino advised Seaside Sustainability needs permission from the city in order to do these testings on public property. He asked if Mr. Magers had been before the Conservation Commission (ConCom) or spoken with the Conservation Agent to obtain a determination. Mr. Magers indicated he spoke to the Shellfish Warden on this matter and conveyed for Mr. Destino that they don t do anything with eelgrass in Gloucester but in adjacent Manchester. He noted they are working with the state Division of Marine Fisheries (DMF) in that town. Mr. Destino conveyed that the DMF does the same kind of work. Mr. Magers noted they are working for the DMF on the eelgrass study, and they already have permission there through them, but not in Gloucester. Mr. Destino advised he believed these are good programs, but that they should ensure that it is legal for Seaside Sustainability to do this with proper permitting in place whether it is the DMF or ConCom. He suggested there is a need to reach out to regulatory authorities and obtain a sign off/determination from those authorities. Councilor LeBlanc asked that Mr. Magers to reach out to the Division of Marine Fisheries and the Conservation Commission and bring that information back to the Committee, obtaining a letter from each entity with their endorsement/permission for the testing they are currently conducting in the city by their next meeting. Councilor LeBlanc acknowledged Peter Seminara, Shellfish Warden who advised the Chair he was present as he represented the enforcement for the Code of Ordinances section in question for conducting scientific work in/on the city s coastal water and flats.
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This matter is continued to June 3, 2019.

3. Memorandum from the Human Resources Director re: amendment to the Personnel Ordinance for Job

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Classification, AFSCME A (TBC 06/03/19)

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Councilor LeBlanc advised that he had spoken with Ms. Leete, the city s Human Resources Director, and that it was prudent she be present to have this

discussion with the Committee. As she was unable to attend he announced this matter would be continued to June 3, 2019.
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This matter is continued to June 3, 2019.

4. CC2019-014 (Lundberg, O Hara, Nolan): request City Council amend Ch. 11, Sec. 11-10(f) Special Events; Transient Vendors; Parades re: Special

Events Committee and/or licensing commission shall refer all special events/parades requests that involve the use of Stacy Boulevard or Stage Fort Park to the City Council for final approval (Cont d from 05/06/19)
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Councilor Lundberg conveyed that he talked to Joanne Senos, City Clerk, today about the proposed amendment to Ch. 11 and confirmed for him that the

suggested process will add no work to the Special Events Advisory Committee (SEAC) and will have to do the same amount of work as they do now. He expressed that he spoke to the Mayor and the CAO both of whom had voiced no objections. He asked that the Committee vote to move this matter forward to the Council and a public hearing. Councilor LeBlanc noted he also spoke with Ms. Senos today who sits on SEAC with the Building Inspector, Bill Sanborn who advised they don t support the proposed amendment to Ch. 11. Joanne Senos, City Clerk relayed that she is co-Chair of SEAC along with Mr. Sanborn. She recounted that SEAC was created to streamline Special Event permitting process to make it easier for applicants and to have all the needed city staff in one room at the same time to approve events permits. She conveyed that she and Mr. Sanborn believe the process should remain as it is and that any event with road closures should move to the Planning Development Committee Standing Committee which is the current procedure. She acknowledged she didn t have consensus of SEAC as this matter hasn t come up for SEAC to discuss yet; but in order for them to do their job, matters should be left as is. Councilor Nolan advised that SEAC does a great job, but conveyed concern that there is a lack of public input on events, expressing particular concern as the Ward 5 Councilor about the use of Stage Fort Park which is in his Ward. Leaving it that road closures cause an event to come before a City Council Standing Committee given the effect of some of these events on the park and Boulevard; enforcement or lack thereof about parking on Western Ave.; not being able to walk the sidewalks surrounding the immediate area, indicated to him a need for a forum where public input is heard. He pointed out that by renting out the park on weekends, they re taking something away from the whole city. There are issues that need to beyond what SEAC consisting of city staff can do, he conveyed. He mentioned that the Waterfront Festival which doesn t close a road but changes the traffic pattern around Stage Fort Park, which he indicated constitutes a road closure and is the event s biggest violation. Without the Council having a say and meeting with these people to control their parking and/or hiring adequate staff or policing to ensure it s not a nuisance to the neighbors, then they need public input. Councilor LeBlanc asked if this proposed amendment is intended for every event that takes place on Stacy Boulevard and Stage Fort Park, which will now cause them to go before the Council for final permitting? Councilor Lundberg advised it is for events that have to go to SEAC. Ms. Senos pointed out that every special event that goes on in the city goes before SEAC for permitting. This change to the ordinance would mean that the Fishermen s Memorial ceremony a small service; the Gloucester Overdose Vigil, another small event; a charitable walk that starts at the Stage Fort Park Visitor s Center and ends at the Fishermen s Statue and returns to that location; the International Women s Diver s Day, an event that only draws 75 people would have to go to the Council for a public hearing. She noted that if this becomes ordinance they d have to immediately change the application to be reflective of the change. She then listed larger events such as the Cape Ann Farmer s Market; the Cyclo-Cross Event; the Fiesta 5K Road Race starts from Stage Fort Park as does Pride Stride. Councilor Lundberg highlighted that this proposal is only for events that take place on the Boulevard and at Stage Fort Park. He spoke to the timing of the process saying that SEAC meets once a month; P D and the Council meets twice a month so that timing/delay shouldn t be a problem for these events. Mr. Destino expressed concern for the sequencing/timing for events to get through to final permitting. Councilor Lundberg advised the event goes to SEAC and once approved as it does today, and if the event takes place on the Boulevard or Stage Fort Park, it goes by referral to P D, then to the Council to public hearing and a
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O A Committee 05/20/2019 Page 3 of 14

vote. Mr. Destino pointed out that these events would need to be noticed early on to be aware of this change in the permitting process which adds

another step, especially those events that come to the city year in and year out. Ms. Senos pointed out that the SEAC refers a Special Event to P D if it has a road closure, and the full Council doesn t vote on those events that go to that Committee and not go up to Council for a public hearing and vote. Now there would be a public hearing on all those events, Councilor Lundberg conveyed and that the applications for permitting would come forward as it does today. Ms. Senos noted timing will be a concern depending on when an event application is received by her office to be heard at SEAC; go to P D and then would have to be advertised for public hearing. This does add a little more time, she pointed out. Noting the point of SEAC was to streamline the permitting process for events because it was taking too many steps for event permitting, Ms. Senos briefly recounted the history of events leading up to SEAC being created by vote of the Council. Prior to that every Special Event permitted was on the Council s agenda, she noted. Chip Payson, General Counsel adding that the ordinance related to SEAC was amended again 2/26/19 for some adjustment for rules governing SEAC. Councilor LeBlanc advised he would not be supporting the amendment saying that SEAC does their job and that the events that have been problematic have gone before the P D Committee to be managed and had been discussed at Council. He conveyed he didn t want to see events micromanaged, needing to go through to a public hearing in order to be permitted. He highlighted that the process was streamlined years ago to make it easier to do business in the city, and this adds another layer, making it a bit more difficult for events, he explained.
Tagged Passions:ordinance, business, council, streets, advertising, events, health insurance, hearing, street closure, and history

COMMITTEE RECOMMENDATION: On a motion by Councilor O Hara, seconded by Councilor Nolan, the Ordinances Administration Committee voted 2 in favor, 1

(LeBlanc) opposed, to recommend that the City Council Amend GCO Ch. 11, Sec. 11-10(f) Special Events; transient vendors; parades by ADDING the following sentence: Further, the Special Events Advisory Committee and/or licensing commission shall refer all special events/parades requests that involve the use of Stacy Boulevard or Stage Fort Park to the City Council for final approval.
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This matter will be advertised for public hearing.

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5. Memorandum from Human Resources Director re: draft Disabilities Rights Commission Ordinance 6. CC2019-019 (Gilman): Amend GCO Ch. 2

Administration, Div. 8- Human Rights Commission, by ADDING following sections: 2-502 Disabilities Rights Commission Established; Terms, 2-503 Election of Chairperson; rules of procedure; quorum, 2-504 purposes, 2-505 Definition of person with disability, 2- 506 powers and duties, and 2-507 Records
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Councilor Gilman explained that this has already been vetted in the O A Committee forum which they had done formerly under CC2019-003. As they were

vetting this new Disabilities Rights Commission it became apparent it would be better to have it be a subset of the Human Rights Commission. She advised nothing has changed and touched on all subsections contained in the ordinance amendment. She noted that she has worked with Donna Leete, Human Resources Director who would be the staff liaison to the Human Rights Commission. She asked for the Council to accept this recommendation pointing out the endorsement of the Mayor in the O A packet. She added the sooner this is in place the sooner Mayor can begin recommending appointments to both the Human Rights and Disability Rights Commissions, saying that this is the right thing to do for the city. Councilor LeBlanc expressed agreement that this was a good amendment to move forward and expressed appreciation for the language within the ordinance amendment, saying that he had spoken several times with Ms. Leete on this ordinance proposal. He offered his thanks to Councilor Gilman as did Councilors Nolan and O Hara. Mr. Destino also extended his thanks to Councilor Gilman although he expressed concern regarding Sec. 2-503 subsections (b) and (c) suggesting that the word quorum be removed from the title of that section; striking the words, Robert s Rules of Order from subsection (b), and replacing it with Parliamentary Authority and striking subsection (c) altogether. Councilor Gilman expressed she was comfortable with Mr. Destino s suggestions.
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The main motion was placed on the table by Councilor O Hara, seconded by Councilor Nolan.

Amendment to the Main Motion:

MOTION: On a motion by Councilor LeBlanc, seconded by Councilor Nolan, and voted unanimously by the Ordinances Administration Committee, to amend the

main motion as follows: To strike in the title for Sec.
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O A Committee 05/20/2019 Page 4 of 14

2-503 the word quorum ; in subsection (b) to strike Robert s Rules of Order and add in its place Parliamentary Authority , and strike subsection (c)

in its entirety.

COMMITTEE RECOMMENDATION: On a motion by Councilor O Hara, seconded by Councilor Nolan, the Ordinances Administration Committee voted 3 in favor, 0

opposed, to recommends that the City Council Amend GCO Ch. 2 Administration, Div. 8- Human Rights Commission, by ADDING following sections: 2-502 Disabilities Rights Commission Established; Terms, 2-503 Election of chairperson; rules of procedure , 2-504 Purposes, 2-505 Definition of person with disability, 2-506 powers and duties, and 2- 507 Records as follows:
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Sec. 2 502. - Disabilities Rights Commission Established; Terms.

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(a) There shall be a sub-commission under the Human Rights Commission known as the Gloucester Disabilities Rights Commission, which shall consist of

seven members appointed by the mayor and approved by the city council, to serve without compensation. A majority of said commission members shall consist of people with disabilities, one member may be a member of the immediate family of a person with a disability, one member shall be either an elected or appointed official of the city, and one member shall also serve as a member of the Human Rights Commission to ensure consistent goals and practices.
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(b) The commissioners shall be selected and appointed from a list developed by the mayor through an application process which shall include public

notice as provided in section 7-6 of the Charter. Said list shall be updated as vacancies on the commission occur. All such appointments by the mayor shall be confirmed by the city council pursuant to section 2-10(a) of the Charter.
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(c) The commissioners shall serve a term of three years; provided, however, that of the members first appointed to the commission, two shall be

appointed to a term of one year, two shall be appointed to a term of two years, and three shall be appointed to a term of three years. Thereafter, the mayor shall appoint each successor to a term of three years. In the event of the death or resignation of any member, a successor shall be appointed to serve for the unexpired term for which the member has been appointed.
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(d) The loss of office by a commissioner due to excessive absence shall be governed by section 7-14 of the Charter.

(e) Said commission shall follow all applicable laws including, without limitation, Section 504 of the federal Rehabilitation Act of 1973, which

requires inclusion and integration of persons with disabilities in the programs, services and employment opportunities of organizations and agencies that receive federal money; Amendment Article 114 of the Massachusetts Constitution, which prohibits discrimination on the basis of disability under any service or program within the Commonwealth; and the regulations of the Architectural Access Board, which require access in newly built and renovated buildings.
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Sec. 2 503. - Election of chairperson; rules of procedure.

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(a) The members of the commission shall annually elect a chairperson from among its members who shall not hold that office for more than three

consecutive terms.
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(b) Subject to the approval of the mayor, the commission shall adopt rules of procedure for its administration which are consistent with the laws of

the commonwealth, ordinances of the city and Parliamentary Authority.
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Sec. 2 504. - Purposes.

The purposes of the commission shall be to promote the full integration and participation of people with disabilities in the City of Gloucester s

activities, services and employment opportunities or the community
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O A Committee 05/20/2019 Page 5 of 14

and to coordinate or carry out programs in coordination with programs of the Massachusetts Office of Disability. The commission shall:

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(1) Research local problems and challenges of people with disabilities.

(2) Advise municipal officials and employees in ensuring compliance with state and federal laws and regulations that affect people with disabilities.

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(3) Work closely with the ADA Coordinator, inventory all of the programs and services that are currently in place in the City for people with

disabilities and promote public awareness of such services to bring about maximum participation of people with disabilities.
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(4) Recommend to the mayor and the ADA Coordinator new programs and services needed to meet the problems and challenges of people with disabilities

and to ensure equal access by persons with disabilities.
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(5) Review and make recommendations to the mayor about current policies, procedures, services, activities and facilities of departments, boards and

agencies of Gloucester as they affect people with disabilities.
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(6) Provide information and referrals for guidance and technical assistance in all matters pertaining to disability to individuals, public agencies,

businesses and organizations in the city.
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Sec. 2 505. - Definition of person with a disability.

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For the purpose of this ordinance a person with a disability shall be defined as any person who (1) has a Physical or mental impairment which

substantially limits one or more major life activities; (2) has a record of such impairment; or (3) is regarded as having such impairment.
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Sec. 2 506. - Powers and duties.

The powers and duties of the commission shall include the following:

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(1) To ensure the equal status of persons with disabilities in the areas of education, employment, the economy, politics, housing, and health.

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(2) To acquire, analyze, use and store disability related statistics and related materials for program planning and evaluation purposes.

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(3) To keep and make public records of its meetings and actions and to publish reports and other documents.

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(4) To provide a public forum in which citizens with disabilities may identify specific barriers that may

prevent them from taking full advantage of city programs, initiatives, and facilities. The commission may advise the mayor on any recommended

corrective actions.
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(5) To assist in public awareness and inclusion of persons with disabilities through participation in public events, including but not limited to,

City sponsored recreational, educational and development activities.
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(6) To refer complaints or grievances to the appropriate local, state or federal agency for resolution.

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(7) To receive donations in the name of the city, subject to the approval of the mayor and city council, consistent with the city s gift acceptance

ordinance.
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(8) To provide the mayor, the city council and the school committee with a complete annual report of its activities and its recommendations, which

shall be included in the City s Annual Report.
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Sec. 2 507. Records.

All commission records shall be public except those that are necessary to ensure privacy rights under other local, state or federal laws.

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This matter will be advertised for public hearing.

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7. Memorandum from Mayor re: endorsement of the establishment of a Dogtown Preservation Commission 8. CC2019-020 (Gilman, Lundberg): Amend GCO Ch. 2

Administration, Art. V Boards, Commissions,
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Councils and Committees be amended by ADDING a new Division 18 entitled, Dogtown Preservation Commission

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Councilor Gilman conveyed the following: This is a proposal for an amendment to the Code of Ordinances is to codify a new Dogtown Preservation

Commission, as the current Dogtown Advisory Commission is Ad Hoc, designed to be temporary. This group has a passion for the preservation of Dogtown and would like to be considered a regular Commission to gain access to city staff with a partnership and a greater ability to work with a larger group of people in the community that are knowledgeable such as the DPW Director and Conservation Agent as well as to have a Councilor appointed to the Commission. She briefly described the way in which she constructed the ordinance amendment to the Committee. Councilor Lundberg recounted that the Council recently had before them a proposal by the Gloucester Historical Commission (GHC) to put Dogtown on the National Register which was voted down by the Council. He conveyed that during that conversation, Mike Hale, DPW Director, had mentioned that they should start with a management plan. He noted that this amendment was in response to that statement and the work of the GHC. This now creates a vehicle to make that plan, he pointed out. Councilor Gilman added that one of the charges of the Ad Hoc Committee was to look a plan, and as part of their on-going responsibilities they were looking at a 1985 plan. This action will enable the Ad Hoc Committee to continue their work until it needs to be dissolved when and if this ordinance amendment is codified. She highlighted the Mayor s memo (on file) that endorsed the creation of the Dogtown Preservation Commission, positioning it as an advisory Commission, reading portions of it. She cited the charge of the new Commission and noted Sec. 2-559.4 a Dogtown Preservation Commission which states their mission is, to formulate and implement a comprehensive plan for ongoing preservation, restoration, management, educational, and stewardship of Dogtown and read the section in its entirety as well as the rest of the proposed ordinance. She reiterated the fact that the new Commission is an advisory commission and helps to maintain local control over Dogtown. She also recommended under Sec. 2-559.5 that there be similar amendments as were proposed for the Disabilities Rights Commission by removing the word, quorum, as well as subsection 2 as confirmed by Mr. Destino. Councilor LeBlanc advised this is a great start and segue from what they had a few weeks ago at the Council from listening to the concerns of the public. He asked for the DPW Director s opinion. Mr. Hale expressed his satisfaction with the ordinance as proposed. Councilor O Hara asked how long the Ad Hoc Committee was in place. Councilor Gilman advised the Ad Hoc Committee has been active and regular in its meetings for the last several years although it was dormant some years before that. She conveyed she attends their meetings because Dogtown is her ward but is on the list on the website of members but she is not appointed to the Ad Hoc Committee by the Mayor. Councilor O Hara noted that as some of the founders of Cape Ann, learned, Dogtown is a valuable asset, and expressed he wants ensure Dogtown remains locally controlled. He conveyed this will help preserve Dogtown for the future. Councilor Nolan expressed agreement that this was a great plan noting that Councilor Gilman had worked on this matter since she was elected as Ward 4 Councilor. He conveyed he was pleased to see the ordinance amendment and would support it as a win for the city of Gloucester. Patti Page, 3 Tidal Cove Way, asked what the Committee is talking about as to local control, highlighting the subsection on Purpose , 2 and 3, and what kinds of conservation restrictions are planned or in place and what are the partnerships they anticipate moving forward (concerns expressed in an email to Councilors Gilman Lundberg and the O A Committee dated May 20, 2019 on file). Councilor Gilman advised it is exploring conservation partnerships She pointed out the importance is the word exploring; that this is an advisory board, and that nothing says they re making decisions as they are an advisory board. Mr. Hale pointed out that that the Commission hasn t been established yet. There is a different between conservation easements and restrictions and briefly touched on the ways in which they each may be utilized. What it looks like in the end is too early to say, he
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O A Committee 05/20/2019 Page 7 of 14

mentioned. They can reach out to some public land trusts that have been very successful as sounding boards in managing land throughout the state, he

suggested. They need to find something that truly offers protection, he added. Councilor LeBlanc and Mr. Destino confirmed the Commission is advisory. Councilor Gilman pointed out they keep hearing they need to protect Dogtown to which everyone agrees. She conveyed that this is a way that a Commission can be an oversight group as to what needs to be done to protect Dogtown which creates an easier path to involve the city for a variety of issues that face Dogtown. She noted there was a lot of talk about grants at the public hearing, but it was clear when there are strings attached, saying they as a Council don t want grants that will inhibit their ability, and what the city wants, to maintain local control, to preserve and protect Dogtown. Anything more than that isn t true to the premise of what they re establishing, she pointed out. Mr. Payson posited that if they re setting up at situations of conservation wouldn t they want the Commission to speak with experts. They want a diverse purpose for a Commission whose sole goal and power is to look into things and pass that information along. Councilor LeBlanc highlighted that the word advisory is in the proposed ordinance several times to reiterate that fact. Mr. Destino pointed out that the decisions are made by elected officials. David Condino, 8 Bittersweet Road, noted partnerships stated in the proposal and asked for clarity if it could include large private entities or landowners that abut Dogtown. Mr. Payson said, No. Ms. Page noted the sounding boards are the right avenue, and asked for assurances that no conservation restrictions will be conveyed. Councilor LeBlanc pointed out they can t determine that, but will be determined down the road if it is brought forward to the Council; they can t determine what will be pre-advised. Councilor O Hara stressed that this is strictly an advisory Commission and matters will ultimately go to elected officials for agreement. Councilor LeBlanc added that Councilors will reach out to their constituencies for public input before they move forward, expressing his agreement. He added his thanks to Councilor Gilman, Mr. Hale and Mr. Payson for their work on this matter.
Tagged Passions:grant, ordinance, council, boards and commissions, streets, Conservation, and hearing

COMMITTEE RECOMMENDATION: On a motion by Councilor O Hara, seconded by Councilor Nolan, the Ordinances Administration Committee voted 3 in favor, 0

opposed, to recommend that the City Council amend GCO Ch. 2 Administration, Art. V Boards, Commissions, Councils and Committees by ADDING a new Division 18 entitled, Dogtown Preservation Commission as follows:
Tagged Passions:ordinance, council, boards and commissions, arts, and preservation

Division 18. - Dogtown Preservation Commission.

Tagged Passions:boards and commissions and preservation

Sec. 2-559.4. - Established; composition; appointment; membership terms.

Tagged Passions:appointments

There is hereby established a Dogtown Preservation Commission whose mission is to formulate and implement a comprehensive plan for ongoing

preservation, restoration, management, educational, and stewardship of Dogtown. The Dogtown Preservation Commission shall consist of not less than seven members and may be up to nine members if deemed necessary by the Commission, to include a member of the City Council appointed by the Council President; Conservation Agent or designee; Public Works Director or designee, who shall serve so long as they hold the aforementioned positions. The remaining members shall initially be appointed by the Mayor of the City and approved by the City Council under section 2-10 of the City Charter for the terms listed below and shall be residents and voters of the city. All members shall have an interest and experience in conservation, outdoors/hiking, preservation and protection of open space. One member should have expertise in conservation restrictions and one member should also be an appointed member of the Open Space and Recreation Committee.
Tagged Passions:council, strategic, boards and commissions, appointments, Conservation, Public Works, public works, preservation, and recreation

The members shall serve for three-year staggered terms beginning on the date of appointment and ending on February 14th as required by the City

Charter.
Tagged Passions:appointments

(1) Two members for one year (2) Two members for two years; and (3) Two members for three years.

The successors to these initial appointees shall serve for a term of three years. The commission shall;

Tagged Passions:boards and commissions

Meet on a regular basis, minimally every other month, and file timely meeting minutes with the City Clerk; Report activities, progress achieving its

mission, and areas for opportunity to the Mayor and City Council
Tagged Passions:council

annually;

O A Committee 05/20/2019 Page 8 of 14

Sec. 2-559.5. - Election of Chair, Vice Chair and Secretary/Recorder, rules of procedure

Tagged Passions:voting, election, and procedure

(1) The members of the Commission shall elect annually a Chairperson, Vice Chair and Secretary/Recorder

Tagged Passions:boards and commissions

from among its members who shall not hold their respective office for more than three consecutive terms. (2) The loss of office by a commission

member due to excessive absenteeism shall be governed by Charter
Tagged Passions:boards and commissions

section 7-14. (3) Subject to the approval of the mayor, the commission shall adopt rules of procedure for its administration,

Tagged Passions:boards and commissions and procedure

which are consistent with the rules of the commonwealth, parliamentary procedure, and ordinances of the city.

Tagged Passions:ordinance and procedure

Sec. 2-559-6. - Vacancies.

In case of resignation, death or disqualification of any member of the commission, or for the purpose of filling a vacancy for any other reason, the

appointment of a new member to fill the unexpired term of such previous member immediately shall be made by the Mayor and forwarded to the City Council for its approval.
Tagged Passions:council, boards and commissions, and appointments

Sec. 2-559-7. - Assistance of city officials, board and employees.

The commission shall receive regular support and assistance from the Department of Public Works and Conservation Commission/agent. When required, the

commission shall receive support from the Police and Fire Department, as well as the Community Development Department.
Tagged Passions:boards and commissions, development, public safety, fire departments and districts, Conservation, Development, Public Works, public works, and community development

Sec. 2-559-8. - Purpose.

This commission, in an advisory capacity, will assist the City in developing and maintaining its management plans for Dogtown. The responsibilities

include but are not limited to:
Tagged Passions:boards and commissions

1. Defining, inventorying and mapping the boundaries of Dogtown Commons and Greater Dogtown including the status of all parcels, deeds, grant

commitments, and jurisdictions.
Tagged Passions:grant and property

2. Recommending land parcels warranting conservation restrictions to the City Administration in order to preserve and protect Dogtown.

Tagged Passions:public safety, Conservation, and property

3. Exploring conservation partnerships with established conservation organizations such as Essex County Greenbelt, New England Forestry, MA Audubon

and Trustees of the Reservations, including trail management and other public access programs.
Tagged Passions:program, Conservation, trails, and Forestry

4. Reviewing, evaluating and incorporating past and present data and reports for Dogtown, including the PAL Archeological, Cultural and Historic

Reconnaissance Survey of 2018, the Management Plan of 1985, North Gloucester Woods Survey of 2012, and historical and archeological studies and findings, in order to develop, a comprehensive management plan that fulfills the mission.
Tagged Passions:historical and historic

5. Disseminating information to the public about educational and recreational opportunities in Dogtown. Updating Dogtown trail maps and making sure

the kiosk area is fully supplied.
Tagged Passions:trails and recreation

6. Coordinating maintenance, security, and safety activities. Activities may include and not be limited to maintaining fire roads, trails, trail

signage, reporting of illegal activities including use of motorized vehicles within the Dogtown boundaries.
Tagged Passions:streets, security, advertising, and trails

7. Applying for available and appropriate grants through the Mayor s office, with the approval of City Council that support conservation,

preservation, restoration, and educational projects in Dogtown for the use and enjoyment of current and future generations.
Tagged Passions:grant, council, Conservation, and preservation

8. Partnering with community 501C3 s and organizations, including community historians and naturalists to help organize educational hikes and speaker

series and other cultural and educational activities to share our natural and historical heritage with our youth and the greater community.
Tagged Passions:historical and youth

9. Recommending action plans on ways to protect and preserve Dogtown via development of city ordinances in collaboration with the City Council.

Tagged Passions:ordinance, council, development, and Development

Sec. 2-559.9. - Authorities and responsibilities.

O A Committee 05/20/2019 Page 9 of 14

Shall act as an advisory commission to the Mayor, City Council, municipal boards and the general public on matters concerning Dogtown. They shall

have no budgetary powers but may submit grants to the Mayor for consideration and City Council approval. All donations whether in kind or financial, must be approved by City Administration and City Council as required by Ordinance. A majority of appointed members serving on the committee shall constitute a quorum and no meeting shall be continued without a quorum being present, unless a subcommittee has been established. The committee may create ad-hoc committees and subcommittees to fulfill its mission.
Tagged Passions:grant, ordinance, finance, council, boards and commissions, budget, appointments, donation, and Donation

This matter will be advertised for public hearing.

Tagged Passions:advertising and hearing

9. CC2019-021 (Memhard): Amend GCO Ch. 22 Traffic and Motor Vehicles, Sec. 22-292 Fire Lanes be

Tagged Passions:traffic

amended re: Horton Street (TBC 06/03/19)

Tagged Passions:streets

This matter is continued to June 3, 2019.

10. CC2019-009 (Hecht): amend GCO by prohibiting the use and distribution of single use plastic straws, stir

sticks hotstoppers in food service establishments (also referred to Board of Health)(Cont d from 05/06/19)

Tagged Passions:health

Councilor Hecht advised that this matter has been considered by both the Board of Health and Clean City Commission and both endorsed a ban on plastic

straws, stir sticks and hotstoppers in food establishments. He submitted a U.S. News article heralding that Maine had become the first state to ban Styrofoam containers (placed on file). He gave the Committee a summary about the reasoning behind the proposed ban for the plastic straw and stirrer reduction ordinance (placed on file). He explained that these plastic items break down into microplastics that don t go away and are consumed ultimately by humans through foodstuffs. He noted the work of Seaside Sustainability to rid the environment of these types of plastics by spending time and energy to remove plastics out of the water. He pointed out that they can just stop the use of such plastics to stop the creation of microplastics. He reviewed briefly some cities and towns in the country that have banned plastic straws. The city of Gloucester Beach Concessions have banned plastic straws, he noted, and mentioned corporate entities that have banned plastic straws. China is not accepting recycled materials anymore, he pointed out, saying that they have to come to grips with using plastics. He advised this is a way for Gloucester to be a leader. He pointed out that the ordinance exemptions for the elderly, hospitals, nursing homes, handicapped and infirm. He gave the Committee copies of Karin Carroll, Public Health Director who advised of the Board of Health support (on file), along with the Clean City Commission and Seaside Sustainability (placed on file). Councilor LeBlanc pointed out that under MGL you re not allowed to ask what a person s disability is, saying that if a person asked for a straw in a food establishment, they can t be questioned as to their disability and be given one. He asked what makes the ban effective if everyone asks for a plastic straw and would have to be given one. They re asking establishments to purchase other kinds of straws that are equally effective as plastic straws. Councilor Hecht advised if a store or restaurant wants to have an inventory of plastic straws to accommodate their disabled patrons they can, and offered that they can work on the language to clarify this point in the ordinance amendment to be prepared for the public hearing. Mr. Magers pointed out that there are compostable straws that aren t paper -- the difference between that and a plastic straw can t be discerned, holding up an example. Councilor LeBlanc pointed out that moving forward they need to add an education outreach element to teach youth about how plastics aren t good that could be very effective. Councilor Hecht mentioned that at the Clean City Commission meeting came up that the schools have tight budgets; but it was noted that it is a teaching moment so that it becomes educational, he conveyed. Mr. Magers noted that there are wood stir sticks available as opposed to plastic for stir sticks. There is no alternative for hotstoppers, he advised. Councilor Nolan asked if there is a flexible version of the compostable straw expressing concern for hospital patients who need them. Mr. Magers indicated he didn t know of any. Councilor O Hara advised this is a great idea but expressed concern for giving latitude to hospitals, or an elderly person in need, a compostable straw versus plastic, they can furnish a straw, it just won t be plastic. He urged it be a complete ban. Councilor LeBlanc noted they will be destroying more trees to save on plastic. It takes twice as much to process for a wood stirrer. Mr. Magers pointed out that if they follow the compostable products are burned and add nothing to the atmosphere as it is all natural. Councilor Hecht noted this ban will raise public consciousness, and the
Tagged Passions:health, ordinance, hospital, boards and commissions, budget, disability, utility, restaurants, Utility, beach, seniors, materials, water, Conservation, environment, purchasing, healthcare, trees, hearing, commercial, education, youth, sustainability, and energy

O A Committee 05/20/2019 Page 10 of 14

hope is that this will have people using any straws at all. He advised he would work with Councilor LeBlanc on any amendments he feels necessary to

make a better ordinance amendment. Councilor Gilman highlighted an elementary school program, Change is Simple which talks about the reduction of carbon footprints, offered her thanks to the Public Works Department and the Clean City Commission for their work on this program which is an effective educational tool. Councilor Hecht reiterated that this ban is not to hurt people. They can look at various amendments as necessary. Councilor O Hara stressed that he didn t see why they re giving latitude to hospitals. They can use compostable straws. Mr. Magers advised that flex straws may be required by hospitals and would investigate that. Councilor O Hara spoke to tree growth and companies that harvest them for wood products citing that wood is a reusable product. He asked they eliminate plastic straws everywhere and only condone the use compostable straws. Councilor LeBlanc noted that plastic straws aren t banned in their entirety, and asked about whether they should amend it separately; to make establishments purchase compostable straws. Mr. Payson advised they can ban straws but can t force a business to buy other kinds of straws and suggested that would be inappropriate to add into the ordinance. Allen McMillan, member of the Rockport Conservation Commission, advised that there are flexible compostable straws available, noting he found that information through the internet. Councilor LeBlanc advised he would vote present saying he would want to hear public input at the Council s public hearing to make his decision as how he would vote.
Tagged Passions:ordinance, business, council, hospital, boards and commissions, program, Conservation, purchasing, healthcare, trees, Public Works, public works, hearing, education, and growth

COMMITTEE RECOMMENDATION: On a motion by Councilor O Hara, seconded by Councilor Nolan, the Ordinances Administration Committee voted 2 in favor, 0

opposed, 1 (LeBlanc) present, to recommends that the City Council GCO Chapter 9.-Trash, Recycling and Litter by ADDING Article III Prohibition on Single Use Plastic Straw, Stir Stick Hotstopper, to Chapter 9-Trash Recycling and Litter as follows:
Tagged Passions:ordinance, council, and recycling

Chapter 9.-Trash, Recycling and Litter by ADDING ARTICLE III Prohibition on SINGLE USE PLASTIC STRAW, STIR STICK HOTSTOPPER

Tagged Passions:recycling

Sec. 9-22.- Definitions

The following words, terms and phrases shall, when used in this article, have the following meanings ascribed to them in this section, except where

the context clearly indicates a different meaning:

Plastic Straw means any straw made of polypropylene, polyethylene, or polystyrene provided by a retail establishment to a customer.

Plastic Stir Stick means any stir stick, hollow or otherwise, made from polypropylene, polyethylene, or polystyrene used to stir beverages.

Hotstopper means any device also known by the name splash-stick which is used to block the hole in coffee lids, intended for single use, and made

from plastic materials including but not limited to those made from polypropylene, polyethylene, or polystyrene.
Tagged Passions:materials

Biodegradable means any materials that will completely degrade and return to nature, i.e., decompose into elements found in nature within a

reasonably short period of time after customary disposal.
Tagged Passions:materials

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