City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY FEBRUARY 5, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Edward “Ned” Sheehy. C. Lorrey commented on Mr. Sheehy. C. Nuon requested moment of silence in darkened chamber for Michael Dubois. MAYOR’S BUSINESS Appointment - C. Lorrey to Animal Advisory Committee. In Council, Read twice, Motion by C. Kennedy, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. CITY CLERK Minutes of Special Meeting January 29th; Special Meeting (Clerk) January 29th; City Council January 29th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Martin. So voted. Motion to Suspend Rules to take item # 26 (Executive Session) out of order by C. Nuon, seconded by C. Mendonca. C. Kennedy noted that members of the public are here on other matters. Motion by C. Martin, seconded by C. Mendonca to take Executive Session up after scheduled public hearings. So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Amend Zoning (Bigelow St and 160.1 and 160.2 Swan St) – SSF Zone. In Council, Given 2nd Reading and hearing held. Speaking in favor was Ken Harkins of Lowell who thanked the administration for getting all on the same page with the ordinance. No Remonstrants. Hearing closed. Motion by C. Nuon, seconded by C. Lorrey “To waive the full reading”. So voted. Motion by C. Lorrey, seconded by C. Mercier “To Adopt”. Adopted on roll call vote 9 yeas. So voted. Ordinance - Amend Zoning by Amending Various Sections (Medical Marijuana Treatment Center). In Council, Given 2nd Reading and hearing held. Speaking in favor Christian Doherty who noted that the City was taking forefront on the matter and she recognizes that and she outlined some of her concerns with the ordinance. No Remonstrants. Hearing closed. Motion by C. Nuon, seconded by C. Mercier “To waive the full reading”. So voted. Motion by C. Mendonca, seconded by C. Lorrey “To delay vote one week as amended”. So voted. C. Mendonca noted planning board recommendations on the matter and commented that some should be included before adopted. City Solicitor O’Connor noted any changes can be addressed by modification. 1 Adam Baacke (DPD) commented on the role of the planning board to make recommendations and that the Council can either adopts the recommendations or not. Mr. Baacke commented on the recommendations and noted that to not address the issue could lead to litigation against the City. Motion by C. Mendonca, seconded by C. Lorrey “To amend ordinance to include first (special permit in L1 and High Rise Commercial District) and second (1,000’ restriction) recommendations of the planning board report. So voted. C. Mercier commented that the location should be in a hospital setting. C. Martin commented the law requires the City to have a location and requested a delay of one week to review mapping of the location. C. Kennedy requested that the vote for the amendments be taken separately. Roll Call vote on first recommendation (special permit in L1 and High Rise Commercial District) 6 yeas, 3 nays (C. Leahy, C. Martin, C. Mercier). So voted. Roll Call vote on second recommendation (1,000’ restriction) 9 yeas. So voted. Ordinance - Amend Zoning 228 Plain Street. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mendonca, seconded by C. Mercier “To waive the full reading”. So voted. Motion by C. Martin, seconded by C. Kennedy “To delay one week”. So voted. C. Leahy requested explanation of the ordinance. Mr. Baacke outlined the petition. C. Leahy noted planning board rejected the matter and he had concern with the petition. C. Mercier noted planning board recommendation and also a lot of negative calls against the petition. C. Nuon shared concern over the petition. Under prior suspension of the rules item # 26 (Executive Session) was taken up. EXECUTIVE SESSION - To go into Executive Session for an update on the investigation into charges of criminal misconduct at the Lowell Water Department. In Council Mayor Murphy stated the purpose in detail for going into Executive Session as well as noticed on Agenda for this meeting. Mayor Murphy informed the public before entering into Executive Session that the Council would return to the public session to adjourn. Motion by C. Mendonca, seconded by C. Nuon “To enter into Executive Session for an update on the investigation into charges of criminal misconduct at the Lowell Water Department.” Adopted on Roll Call vote 9 yeas. So voted at 7:55 PM. Roll call at 8:55 PM to enter back into public session showed 9 present. CITY MANAGER Communications - From City Manager - Responses to City Council Motions and Requests and Informational Materials. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Kennedy. So voted. C. Elliott noted report on dangerous dog and was informed by the Clerk of the process of filing the reports. C. Lorrey commented on the sign at the Spaghettiville Bridge and noted it was not appropriate. C. Elliott commented that the sign was insulting. Manager Lynch commented that there was discussion with the company concerning the sign. COUNCIL MOTION OF 1/29/13 BY COUNCILOR LEAHY: 2  “Req. City Mgr. provide following information in preparation for joint meeting February 6th of City Council Municipal Facilities SC and Lowell School Dept. SC on Facilities: (1) work order system status; (2) report on any updates to science labs in the past 10 years.” C. Lorrey commented on the report. C. Leahy requested appropriated department heads be present at the meeting. VERBAL REQUEST OF 1/29/13 BY COUNCILOR LORREY FOR UPDATE ON SCHOOL REPAIR AND IMPROVEMENT PROJECT: COUNCIL MOTION OF 1/8/13 BY COUNCILOR MERCIER: “Req. City Mgr. add to street light list the poles located at 145 and 227 Gorham Street.” No comments. INFORMATIONAL 2014 Local Aid Analysis. Manager made note of the analysis and another attempt to zero tax increase budget. Manager noted information on local aid. C. Elliott questioned when budge will be rolled out. Manager commented that end of May or beginning of June. Communication - Report and Recommendation from Planning Board RE: Proposed Amendment to establish SSF zoning district to include parcels at 160.1 and 160.2 Swan St. and all parcels with frontage on Bigelow St. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. Communication - Report and Recommendation from Planning Board RE: Proposed Amendment relative to Medical Marijuana Treatment Center. In Council, read, accepted and placed on file by Motion of C. Nuon, seconded by C. Lorrey. So voted. Communication - From City Mgr. request Approval of Out of State Travel (1) Health Dept. In Council, Read Motion by C. Mendonca, seconded by C. Martin “To approve”. Approved on roll call vote 9 yeas. So voted. Vote - Auth City Manager enter into an agreement for a period of twenty (20) years with Soltas Energy Corp. re: Net Metering. In Council, Motion by C. Mendonca, seconded by C. Lorrey “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Mendonca, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. Manager outlined the vote indicating taking advantage of the State’s net metering system which provides credits to the City. C. Kennedy noted the income would remain constant throughout the term of the contract. C. Leahy had questions concerning the formula. Manager noted that the money is guaranteed. C. Lorrey noted it was a State program. C. Martin commented it was a conservative approach and more in line with the needs of the City. C. Mendonca noted the urgency of the matter as the credits may decrease and the company is ready to move forward. C. Kennedy commented on concern of tying into such a long term contract. Manager outline procedure used to secure the company. C. Elliott questioned the bid process and what the service is and also noted the length of the contract. Manager explained the process and what the service is. C. Kennedy noted 3 concerns with length of contract but noted that the City could tie into more of these contracts. C. Mendonca noted the set fee and commented good for taxpayers. Motion to Suspend Rules to take item # 23 out of order by C. Mendonca, seconded by C. Mercier. So voted. By C. Elliott – “Req. City Council discuss reducing apartment inspection fee of $50/unit.” In Council, seconded by C. Lorrey, read and referred to the Housing Subcommittee. So voted. C. Elliott supported the ordinance but enforcement gets expensive for owners though he noted the units should be inspected. C. Lorrey noted he received calls and that hardship is on owners of multiple units. C. Mercier noted she received a lot of calls especially from owners of a lot of units. C. Kennedy recommended they revisit the ordinance to clarify “owner occupied” and costs spent after inspections. C. Nuon noted the ordinance is helpful with enforcement and it is clear the need for a fee adjustment. Manager noted he would revisit the ordinance and commented the ordinance promotes upkeep of property and that the fees offset monies that would be on taxpayers who don’t own these types of properties. C. Mendonca commented the reason for ordinance was to ensure landlords comply with inspection requirements and noted that owners should be given some credit for prior compliance. C. Mendonca noted the fee is used to cover the costs of inspection and commented that fees could be reduced if less work is required by the inspectors. Manager noted fees were prorated by prior inspections. C. Leahy noted he was satisfied with the ordinance because it benefits tenants. C. Elliott noted the fees are in addition to other fees paid to the City and that they seem to continue to grow. C. Lorrey noted his concern is with the owners of multi units and he supports protection of tenants. C. Martin commented on reducing costs with sampling of units in multi complexes. Motion by C. Kennedy, seconded by C. Lorrey “To refer to Housing Subcommittee”. So voted. Order - Dedicate community park and garden on Whiting St. “in honor of Wilfred Levasseur, Founder of Cote’s Market.” In Council, Motion by C. Mendonca, seconded by C. Lorrey “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Mercier, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Finance Subcommittee February 5th. In Council, Motion by C. Nuon, seconded by C. Mercier “To accept the report as a report of progress”. So voted. C. Mendonca issued the report and outlined the discussion and those present. He was informed about the health care surplus fund and noted recommendations concerning the use of those funds. He noted that there is more information forth coming and recessed meeting until early April. GENERAL PETITIONS Claims (1) claim for personal injury. In Council, Motion by C. Lorrey, seconded by C. Mendonca, “To refer to Law Department for report and recommendation.” So voted. MOTIONS 4 By C. Lorrey – “Req. City Mgr. prepare a report for Council regarding estimated costs and preparedness plan for two (primary and general) upcoming Senate special elections.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Lorrey noted two elections coming up for Senate seat. By C. Lorrey – “Req. City Mgr. have proper dept. explore possibility of creating educational training classes and/or videos for permitting and code ordinances to Lowell homeowners.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey noted it was important to inform people of the process. C. Leahy questioned if information is on website. C. Mercier noted it was a good motion as it informs people as to what is needed. By C. Lorrey – “Req. City Mgr. set up training seminar or program for all new board members.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey noted seminars would be used to get members familiar with their responsibilities. By C. Kennedy – “Req. City Mgr. appoint 3 members to City of Lowell Auditorium Commission as soon as possible.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Kennedy noted the body is a board of trustees and not a commission. C. Kennedy noted it should be done quickly as the new management contract moves forward. Manager commented on the individuals being brought forward for memberships on boards. By C. Kennedy – “Req. City Mgr. request the advice and recommendation of the City of Lowell Auditorium Commission regarding the RFP for the proposed management contract.” In Council, seconded by C. Elliott, read and referred to the Manager. So voted. C. Kennedy noted that input needed from the trustees and concerned with only one bidder for contract. C. Kennedy was concerned that his request for the proposal was denied and he felt he should have access to the document. Manager outlined request and evaluation process. C. Lorrey noted that this contract historically has had only one proposal. Manager noted the process should continue with the vendor to see if it is a fit. C. Mercier commented she was troubled with the same vendor covering Arena and Auditorium at the same time. Manager noted that the transfer of the Arena saved the City about 1 million dollars and commented he would like to see Auditorium assessment diminished and still have a civic venue with top shows. C. Noun commented he appreciated the fact that the City was looking to diminish the subsidy but noted the board should be involved. Manager noted the RFP was designed as all inclusive. C. Kennedy noted it made sense for board to be involved with selection as they will be working with the vendor for a period of time. C. Mendonca noted that board will give advice as part of the evaluation and that the process should move forward and commented any contract will come before the Council. C. Kennedy noted he was not looking to derail process but note only two members of the board would be on the evaluation team. C. Elliott commented the board should weigh in. Manager noted it was basically the same contract that was before the board prior. C. Elliott commented one company is not a good idea and that the process should be reworked. C. Martin noted the end result is still to be 5 evaluated. C. Elliott was informed that the evaluation may take 2 to 3 weeks. Manager did not know the reason why there was only one bidder. Motion “To Suspend Rule 5 of the Council Rules to continue meeting beyond 10 PM” by C. Leahy, seconded by C. Lorrey at 10:13 PM. Motion defeated by 2 nay votes (C. Kennedy, M. Murphy). So voted. The remaining matters to be taken up at next Council meeting under “Unfinished Business”: By C. Mendonca – “Req. City Mgr. identify a park location where Cricket field could be established.” By C. Mendonca – “Req. City Mgr. provide an update of the transition to the new Residential Reserved Parking program.” By C. Leahy – “Req. City Mgr. have proper dept. present a plan to rejuvenate City Council Chamber in month of July including painting walls, replacing shades and sanding wood floors.” By C. Leahy – “Req. City Mgr. have DPW present a comprehensive street sweeping plan including current operations utilizing the small vacuum trucks.” By C. Elliott – “Req. City Mgr. provide report on the status of trees cut down on property adjacent to Walgreens/Rourke Bridge.” By C. Elliott – “Req. City Council have the Mayor present retiring LRWU employee Jake Davis, with a citation thanking him for his 22 years of service.” Motion to Adjourn by C. Mendonca, seconded by C. Martin. So voted. Adjourn at 1o:13 PM. Michael Q. Geary City Clerk 6