City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY MAY 7, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:45 PM Roll call showed 9 present. M. Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Jacqueline Destrempe. MAYOR’S BUSINESS Citation - Merrimack Valley Food Bank, National Association of Letter Carriers and United States Postal Service in recognition of food drive. In Council, read, presented by M. Murphy. Jim Nutter from Post Office thanked Council. Amy Pessia from Merrimack Valley Food Bank outlined where the food would go. Proclamation - Mass. Society for the Prevention of Cruelty to Children in recognition of Children’s Mental Health Awareness Week. In Council, read, presented by M. Murphy. A representative from the Mass. Society for the Prevention of Cruelty to Children accepted proclamation and outlined the program. CITY CLERK Minutes of City Council Meeting April 30th; Clerk’s Special Meeting April 30th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. CITY AUDITOR Communication - March & April grants reported. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. Communication - April budget reports. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. Communication - 3rd Quarter 2013 Cash Controls Review. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Nuon. So voted. Motion to Suspend Rules and take Item #12 to Item #14 out of order by C. Leahy, seconded by C. Lorrey. So voted. Communication - Appoint Kenmontee (Ken) Parrish-Conservation Commission. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. Mr. Parrish was present and thanked Council. 1 Communication - Resignation of Michael Sullivan-Board of Parks. In Council, read, accepted and placed on file by Motion of C. Nuon, seconded by C. Lorrey. So voted. C. Mercier requested Manager Lynch send letter of thanks to Mr. Sullivan. Communication - Appoint Patrick Sheridan (Board of Parks). In Council, Read Motion by C. Lorrey, seconded by C. Martin “To approve”. Approved on roll call vote 9 yeas. So voted. UNFINISHED BUSINESS Vote - Auth Mgr. Execute Management Agreement (Global Spectrum LP) for Management of Lowell Memorial Auditorium. In Council, Read twice and Motion by C. Mendonca, seconded by C. Lorrey “To waive the full reading”. So voted. Motion “to adopt” by C. Martin, seconded by C. Lorrey. Adopted on roll call vote 5 yeas, 4 nays (C. Elliott, C. Kennedy, C. Leahy, C. Mercier). So voted. C. Martin noted that the matter had been brought up earlier in a Finance Subcommittee meeting and commented the new contract would benefit the City. C. Martin praised past management and noted moving forward could reduce the subsidy by the City to the Auditorium. C. Martin acknowledged trustees for their input and noted they had signed off on the matter. C. Lorrey commented he has had contract for two weeks and did his diligence on the matter. C. Lorrey question City Solicitor O’Connor regarding safeguards in the contract and was informed by Solicitor that there were standard provisions for City protection. C. Lorrey favored a setting up of an Enterprise Fund and the allowance of local caterers to the venue for a reasonable fee which should be reviewed. C. Lorrey questioned the possible conflict of Global with UMass Lowell and the Arena. C. Lorrey noted the increased role of the trustees and their involvement with developing an RFP for concessions. Manager commented on his support of contract and that Global would be keeping employees and that the risks to the City were small. Adam Baacke (DPD) outlined risks and how they would be lowered by the formula in the contract. Mr. Baacke commented on payments to Global including incentive payments. C. Leahy questioned Veteran preference in the building as well as catering element in the contract. C. Leahy commented that the contract needs improvement for his support. C. Leahy questioned the maintenance of the building and Manager noted that they were part of the operational costs. C. Kennedy outlined the three means to book shows and questioned the legality of the City as a promoter. City Solicitor O’Connor noted no legal barrier to that procedure. C. Kennedy questioned why a city would want to promoter. Mr. Baacke commented that those concerns were discussed during negotiations. Mr. Baacke commented that all payments would go back to facility either as improvements or bond payments. C. Kennedy commented on the amount of improvements but into the building. Manager informed Council that there were about 2.8M in improvements over the last 17 years paid by different sources mostly facility fees. C. Kennedy commented on operating budget over the last three years as well as ticketing procedures. Manager noted there would be a ticketing service that would charge fees. Mr. Baacke noted that the trustees would be involved in a similar fashion as they were under last management. C. Kennedy noted concession contract would be separate and questioned when RFP would be out. Manager noted that RFP will be sent after contract is finalized. C. Kennedy noted revenue sources including pouring rights. Manager noted pouring rights would be tied into operating 2 revenue formula. C. Kennedy questioned fees and incentive fees including what would constitute an event. Manager outlined the incentive program. Mr. Baacke outlined what an event would entail. C. Elliott commented there were still a lot of questions surrounding the contract. C. Elliott noted the catering element under the contract has changed and that the risks were too great for the City to take on. C. Elliott compared contract to AHL contract which was disastrous for the City. Manager noted the differences in this contract as compared to the AHL. C. Elliott questioned the budget impact of the contract and noted the operational manual would establish the budget. Manager commented that City would be working with Global on budget concerns. Substitute Motion by C. Elliott, seconded by C. Mercier “to refer matter back to Manager to reengage discussions with Global regarding management contract.” Substitute Motion failed upon Roll Call Vote 4 yeas, 5 nays (C. Lorrey, C. Martin, C. Mendonca, M. Murphy, C. Nuon). So voted. Discussion on Substitute Motion continued. C. Mercier commented that the Veterans needed to be given preference for use of the building. C. Mercier commented that groups should be able to choose their own caterer, local discounts should be available and there be fewer risks to the City. C. Mercier noted she would need to see an operations manual to have an informed vote and was concerned with trustee’s view of the contract. Manager noted that the trustees signed off on the matter and was supported by all. C. Mercier noted that City seems to be paying for everything under the contract. C. Nuon commented that the City Solicitor drafted the contract and the trustees reviewed and accepted same and the contract will make City better off. C. Mendonca noted it is a risks verses rewards situation. C. Mendonca noted the rewards are attractive under contract and to get rewards you increase the risk. C. Mendonca noted that in a contract when you get something you give something and that returning to table with Global would not accomplish anything on behalf of the City but negatively affect operations. C. Kennedy noted the Auditorium has value to the City besides being a cash cow but he is concerned that the Manager cannot put a number in budget on the matter. C. Kennedy agreed that the contract needed tuning and if members of the Council wanted that he would support it. C. Elliott commented he was concerned what City would get out of contract and that Global can walk away from matters that go bad financially. C. Lorrey commented he could not support Substitute Motion as his questions have been answered. Recently appointed trustees spoke regarding implementing the contract. C. Mercier called for a vote. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Vote - Endorse the Capital Budget. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Martin, seconded by C. Mendonca “To waive the full reading”. So voted. Motion “to adopt” by C. Mendonca, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 nay (C. Elliott). So voted. C. Mendonca noted support of plan and questioned the costs associated with it. Tom Moses (CFO) outlined costs and noted that any borrowing would not put City in bad financial situation. C. Nuon noted the list of improvements and requested a report of debt projections. C. Elliott questioned the timing of the Capital Plan. 3 Loan Order - ($13,610,000) Capital Improvements. In Council, matter was withdrawn per Manager’s request. Motion to Suspend Rules and take Item #29 and Item #30 out of order by C. Kennedy, seconded by C. Leahy. So voted. By C. Kennedy - “Req. Law Dept. draft amendment to Section 5.1.10 of the Zoning Code by replacing first sentence with following: “Each lot shall have a width not less than 80% of the required frontage at all points of the lot.”” In Council, seconded by C. Leahy, read and referred to the Law Department. So voted. C. Kennedy commented that there could be short frontage on lots by using radius calculations and further commented that Mr. Baacke informed him if such a change would happen it would make existing lots with that type of frontage non-conforming and therefore they should be exempt. Steve Gendron, registered speaker, noted he was a member of the Planning Board and that the proposed change would eliminate the pie shaped lots in the City. C. Lorrey noted support of motion as it keeps with character of neighborhoods. By C. Kennedy/C. Leahy - “Req. DPD provide City Council with a report and recommendation regarding radius frontage lots.” In Council, read and referred to the DPD. So voted. C. Kennedy requested department review matter and bring forth recommendations. C. Leahy commented on recent site plan he had viewed and felt the matter should be reviewed. Motion to Suspend Rules and take Item #31 out of order by C. Elliott, seconded by C. Kennedy. So voted. By C. Elliott - “Req. City Council neighborhood subcommittee meet with neighborhood leaders to discuss proposed chicken ordnance.” In Council, seconded by C. Kennedy, read and referred to the Neighborhoods Subcommittee. So voted. Deb Forgione representing a neighborhood group noted that there should be discussion among groups before drafting ordinance. Ann Marie Page representing a neighborhood group noted there should be subcommittee input on the matter. C. Elliott commented discussion is needed before a subcommittee. C. Mendonca commented he favored discussion but cautioned there are some in the neighborhood groups who favor the ordinance. Motion to Suspend Rules and take Item #24 out of order by C. Mercier, seconded by C. Nuon. So voted. By C. Mercier - “Req. City Mgr. provide a different location for fireworks as compared to previous years so as to not disturb the animals at the Lowell Humane Society.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. Jill O’Connell, registered speaker, from Humane Society addressed Council concerning the effects of fireworks on the animals and supplied petition regarding issue to Council. (See Attachment #1) C. Mercier noted the need to move the fireworks to relieve stress to animals as well as assisting the Humane Society. C. Mendonca noted the moving of fireworks could cause others to not agree with move closer to them. C. Kennedy questioned where they could be moved. Manager noted he had looked at LeLacheur Field. C. Nuon commented the Manager would run into the feeling of people who do not 4 want the display near them. C. Mercier noted the difficulty placed on the Humane Society. Motion to Suspend Rules and take Item #20 out of order by C. Mendonca, seconded by C. Mercier. So voted. Vote - Increase cost of living base for City of Lowell Retiree’s. In Council, Read twice and Motion by C. Nuon, seconded by C. Mendonca “To waive the full reading”. So voted. Motion “to adopt” by C. Lorrey, seconded by C. Martin. Adopted on roll call vote 8 yeas, 1 abstain (C. Mercier). So voted. C. Mendonca questioned the reasoning behind the vote. Mr. Moses outlined the proposal and cited examples. C. Mercier noted she would be abstaining from the vote. Motion to Suspend Rules and take Item #27 out of order by C. Lorrey, seconded by C. Kennedy. So voted. By C. Lorrey - “Req. City Mgr. work with proper department and organization to rename area of former Warren Street parking lot for Walter B. Smith who had lot named after him before replacement by parking garage and hotel.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey outlined the motion. CITY MANAGER Communication - From City Manager Responses to City Council Motions and Requests. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Mendonca. So voted. COUNCIL MOTION OF 4/23/13 BY COUNCILOR MEDONCA: “Request the City Manager develop a use for the City –owned parcel at 16 Hampshire Street.” C. Mendonca noted report and agreed with conclusion and commented it should go before neighborhood for input. Motion by C. Mendonca, seconded by C. Nuon “to refer matter to Neighborhoods Subcommittee for discussion as to options contained in the report.” So voted UPDATE TO COUNCIL MOTION OF 2/5/13 BY COUNCILOR LORREY: “Request City Manager have proper department explore possibility of creating educational training classes and/or videos for permitting and code ordinances to Lowell homeowners.” No comment. COUNCIL MOTION OF 2/26/13 by COUNCILOR LORREY: “Request City Manager have proper department track the number of prisoners released due to State drug lab scandal and track any costs associated with retrying those prisoners due to the scandal for possible reimbursement.” C. Lorrey commented on number of cases involved and that it should be tracked in future. 5  COUNCIL MOTION OF 4/23/13 BY COUNCILOR LORREY: “Request the City Manager ask the engineer's office for a report on the condition of Lowell's roads and a timetable and cost analysis to maintain or improve their current conditions.” No comments. COUNCIL MOTION OF 3/26/2013 BY COUNCILOR LEAHY: “Req. City Mgr. provide a link to neighborhood group organizations through the City website.” C. Leahy questioned when new website would be launched and requested to link Veterans groups to it. Communication - From City Manager, Request approval of Out of State Travel (1) LFD, (2) LPD, (1) Assessor. In Council, Read Motion by C. Kennedy, seconded by C. Lorrey “To approve as amended”. Approved on roll call vote 9 yeas. So voted. Motion to Suspend Rules by C. Mendonca, seconded by C. Mercier “to include additional request for Out of State Travel from LFD”. So voted. Vote - Authorize Mgr. Execute MOU MVEA Inspector’s Unit 7/1/12-6/30/15. In Council, Read twice and Motion by C. Nuon, seconded by C. Mendonca “To waive the full reading”. So voted. Motion “to adopt” by C. Lorrey, seconded by C. Martin. Adopted on roll call vote 7 yeas, 2 nays (C. Elliott, C. Mendonca). So voted. C. Mendonca noted he was not in agreement with the terms of second and third year of contract. C. Martin noted the contract was similar to what other unions have received. Vote - Authorize Mgr. Execute MOU MVEA Wastewater Unit IIP. In Council, Read twice and Motion by C. Mendonca, seconded by C. Martin “To waive the full reading”. So voted. Motion “to adopt” by C. Lorrey, seconded by C. Kennedy. Adopted on roll call vote 7 yeas, 2 nays (C. Elliott, C. Mendonca). So voted. Motion to Suspend Rules and take Items #17, #18 and #19 in one vote by C. Kennedy, seconded by C. Lorrey. So voted. Vote - Transfer ($130,000) Veteran’s benefits. Vote - Transfer ($5,000) Purchasing. Vote - Transfer ($35,000) Parks. In Council (Vote - Transfer ($130,000) Veteran’s benefits; Vote - Transfer ($5,000) Purchasing; Vote - Transfer ($35,000) Parks), Read twice and Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Finance SC May 7, 2013. In Council, report given, Motion by C. Martin, seconded by C. Lorrey “To accept the report as a report of progress”. So voted. C. Mendonca issued the report noting the attendees and outlined the information session. GENERAL PETITIONS Claims (1) claim for property damage. In Council, Motion by C. Kennedy, seconded by C. Leahy, “To refer to Law Department for report and recommendation.” So voted. 6 MOTIONS By C. Mercier – “Req. City Council support naming the concession stand at LeBlanc Field in honor of Raymond J. Boutin and refer to Board of Parks for approval.” In Council, seconded by C. Nuon, read and referred to the Parks Department by Roll Call vote 9 yeas. So voted. C. Mercier outlined the request and the contributions of Mr. Boutin. By C. Mercier - “Req. City Mgr. have proper department provide a street sweeping schedule to the City Council.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. By C. Lorrey - “Req. City Clerk prepare of report regarding rabies (microchip and licensing) clinic held in April in view of possible expansion of program.” In Council, seconded by C. Leahy, read and referred to the City Clerk. So voted. By C. Lorrey - “Req. City Mgr. place the basketball courts at Father Kirwin Playground on the resurfacing list and remove all graffiti from the equipment.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. By C. Elliott - “Req. City Manager provide update on construction of solar farm at landfill.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. Manager noted he would issue report and commented that National Grid has caused some delays. By C. Elliott - “Req. City Manager provide update on repairs to Lawrence Street Bridge.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. Manager noted it was a City bridge and it was in design phase before RFP would go out. By C. Elliott - “Req. City Council discuss ways and means of implementing voter ID system for elections.” In Council, withdrawn by C. Elliott. So voted. Mayor Murphy spoke on his motion from the Chair with the consent of the body. By M. Murphy – “Req. City Mgr. report on stormwater plan compliance and plans to further incorporate stormwater best management practices into city ordinances and operations.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. Point of Personal Privilege C. Mercier noted fundraiser of WCAP for victims of Boston Marathon bombings. 7 Motion to Adjourn by C. Kennedy, seconded by C. Mendonca. So voted. Adjourn at 9:59 PM. Michael Q. Geary City Clerk Attachment #1: Humane Society Petition 8