City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY MAY 28, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. Mayor Murphy Presiding. MAYOR’S BUSINESS Citation - Recognizing retiring UML Men’s Hockey announcer, Chaz Scoggins. In Council, read, presented by M. Murphy. Mr. Scoggins thanked the Council for their recognition. CITY CLERK Minutes of City Council Meeting May 21st, Neighborhoods Sub/Committee May 21st for acceptance. In Council, read, accepted and placed on file the minutes for Neighborhoods SC and to refer the minutes of the City Council Meeting back to Clerk for correction by Motion of C. Mendonca, seconded by C. Mercier. So voted. 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. Mercier, seconded by C. Lorrey. So voted. COUNCIL MOTION OF 5/14/13 BY COUNCILOR LORREY: “Request City Manager have proper department develop a 5 year economic vision plan for the Lowell Memorial Auditorium and surrounding areas.” C. Leahy questioned about lighting and crosswalks in the area. Manager Lynch noted improvements coming. C. Lorrey commented on concerns for that area as it grows. COUNCIL MOTION OF 5/21/13 BY MAYOR MURPHY: “Request City Manager develop joint proposal with Register of Deeds to address vacant and abandoned properties through the attorney general's Distressed Properties Identification and Revitalization Grant.” No comments. COUNCIL MOTION OF 5/21/13 by MAYOR MURPHY: “Request City Manager explore potential of community design process for welcoming Gateway and other signage in neighborhood business districts.” C. Leahy questioned if that applied to all entry signs into the City. Manager commented it was more for neighborhood districts than special projects. COUNCIL MOTION OF 5/7/13 BY COUNCILOR ELLIOTT: “Request the City Manager provide an update on construction of solar farm at landfill.” No comments. 1 COUNCIL MOTION OF 5/14/13 BY MAYOR MURPHY: “Request City Manager provide update on Hale's Brook Greenway planning study.” No comments. COUNCIL MOTION OF 5/7/13 BY COUNCILOR MERCIER: “Request City Council support naming the concession stand at Leblanc field in honor of Raymond J. Boutin and refer to Board of Parks for approval.” No comments. COUNCIL MOTION OF 5/7/13 BY COUNCILOR LORREY: “Request the City Manager place the basketball courts at Father Kirwin playground on the resurfacing list and remove all graffiti from the equipment.” C. Lorrey reviewed the report and noted the clean-up. COUNCIL MOTION OF 4/30/13 BY COUNCILOR LEAHY: “Request the city manager have the proper department provide an update on the condition of all facilities at the Martin Alumni Complex.” No comments. COUNCIL MOTION OF 4/30/13 BY COUNCILOR LEAHY: “Request the City Manager report on the use (city and non-city) of all facilities at the Martin Alumni complex.” No comments. COUNCIL MOTION OF 5/14/13 BY COUNCILOR NUON: “Request City Manager establish review panel for oversight of the Auditorium management contract to meet annually.” C. Kennedy commented that the motion should be sent to Auditorium Board of Trustees. Manager noted that the report indicates that the Board of Trustees would be doing the overseeing. COUNCIL MOTION OF 5/14/13 BY COUNCILOR MERCIER: “Request the City Manager have proper department repair cement sidewalk in front of Washington savings bank on Middlesex Street.” No comments. COUNCIL MOTION OF 5/14/13 BY COUNCILOR LORREY: “Request City Manager have the proper department replace the crosswalks in front of the Hellenic Orthodox Church Holy Trinity and possibly Saint Patrick's church.” C. Lorrey thanked Mr. Eby (Traffic Engineer) for his report. COUNCIL MOTION OF 5/7/13 BY COUNCILORS KENNEDY AND LEAHY: “Request DPD provide City Council with a report and recommendation regarding radius frontage lots.” No comments. COUNCIL MOTION OF 5/14/13 BY COUNCILOR NUON: “Request City Manager provide a report regarding Sun Building construction including estimated length of time that staging will be in place.” C. Nuon noted report and consequences of construction. Adam Baacke (DPD) could only give an 2  estimate of time-line as it is a private entity and that he noted that there are time elements with repairs and that safety first is the approach. COUNCIL MOTION OF 5/14/13 BY COUNCILOR NUON: “Request City Manager provide report regarding effectiveness of procedures during past preliminary election with any recommendations for improvement.” C. Nuon questioned the report. City Solicitor O’Connor outlined plans for more order in elections. INFORMATIONAL Finance - OPEB Actuarial Analysis. No comments. Medical Marijuana Treatment Center Zoning Regulations. No comments. Transfer – LPD Overtime. No comments. Trash and Recycling Presentation. No comments. Rourke Bridge Support Letter. No comments. Lowell STAT Public Report. No comments. Motion to Suspend the Rules by C. Mercier, seconded by C. Mendonca to take #10 out of order. So voted. Communication - From City Manager “Presentation of new solid waste contract”. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. Manager presented power point presentation entitled “Solid Waste and Recycling” dated May 28, 2013. (See Attachment #1) C. Lorrey commented on the new barrels that come with the contract. Manager outlined the contract and the savings it would entail. C. Mercier noted the Council does not vote on the contract. Manager commented there would be a new ordinance to go along with the contract. C. Mercier noted the prior vendor (Allied) employed a great number of citizens from Lowell and there were not many complaints with their performance. C. Mercier commented that Allied is willing to work with the City as they have done since 1992 and noted they would do all of the services that are under the new contract. Manager outlined the financial reasons for the contract along with procuring better equipment and customer service element. C. Kennedy noted the existing contract ends this year and questioned timing of the introduction of the new contract. Manager noted the timing was needed to secure the new equipment. Gunther Wellenstein (Recycling Coordinator) commented on benefits of the contract including scholarships and sponsorships which all bids included. C. Kennedy questioned costs of waste removal. Mr. Wellenstein outlined those costs. Manager noted that removal is more costly than recycling. C. Kennedy questioned the recycling income split. Mr. Wellenstein noted it was a split of the net proceeds and outlined his process for recycling projections. C. Leahy commented on pickups in the park and yard waste. Manager commented on use of solar barrels and the plan for yard waste. C. Leahy questioned the recycling program in the schools. Mr. Wellenstein 3 outlined the school program. C. Leahy noted saving over time. Manager commented that there would be over $500,000 more over five years as opposed to other bidders. C. Mendonca questioned the implementation of new program. Manager outlined the plan to educate the public. C. Mendonca questioned the overflow options and Manager noted they would be addressed. C. Lorrey questioned the bidding process and the Manager outlined the procedure. C. Kennedy commented on rebate program. Manager noted the rebate tie in with the tipping fee contract. C. Kennedy requested report on the major components of all of the proposals. C. Leahy questioned the plan for downtown pickup. Mr. Wellenstein outlined the program. C. Elliott commented on the bidding. Manager outlined the bidding process and noted that the contract did not require legislative action. C. Elliott question fee structure. Manager commented that there would be a new solid waste ordinance without a fee increase. C. Elliott questioned negotiations. Manager provided an explanation of the process. C. Elliott noted his concerns for less pickup times for the recycling. Mr. Wellenstein commented on reasoning behind the number of pickups. C. Elliott questioned tonnage amount and Mr. Wellenstein commented on the amount of tonnage during the years. C. Martin questioned tipping fee and noted hauler would be paying that price. Mr. Wellenstein noted the fee schedule. C. Kennedy noted concern with policing those who try and beat the system. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Loan Order - ($13,610,000) Capital Improvements. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mendonca, seconded by C. Nuon“To waive the full reading”. So voted. Motion by C. Mercier, seconded by C. Nuon “To Adopt”. Adopted on roll call vote 9 yeas. So voted. C. Mendonca noted the improvements to schools and infrastructure which are benefits to the City and further noted the debt service ability. C. Lorrey commented the debt is reasonable. C. Elliott questioned the debt on the loan order. Tom Moses (CFO) outlined the payback schedule. C. Elliott questioned retiring debt. Mr. Moses outlined which debts would be retired. UTILITY PUBLIC HEARINGS (Scheduled for 7PM) National Grid - Replace underground electric duct bank in sidewalk on Freda Lane. In Council, Given 2nd Reading and hearing held. Motion by C. Nuon, seconded by C. Martin “To waive the full reading”. So voted. No Remonstrants. Hearing closed. Motion by C. Lorrey seconded by C. Mendonca “To refer to Wire Inspector for report and recommendation”. So voted. Communication - Accept Resignation of Sayon Soeun (Library Trustees). In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. Communication - Appoint Thomas Kotarakos (Library Trustees). In Council, Read Motion by C. Lorrey seconded by C. Leahy “To approve”. Approved on roll call vote 9 yeas. So voted. Mr. Kotarakos was present and thanked the Council. 4 Communication - Appoint Katelyn Biedron (Conservation Commission). In Council, read, accepted and placed on file by Motion of C. Nuon, seconded by C. Mendonca. So voted. Communication - Appoint Renee Aste (Animal Advisory Committee). In Council, Read Motion by C. Lorrey, seconded by C. Mercier “To approve”. Approved on roll call vote 9 yeas. So voted. Ms. Aste was present and thanked the Council. Order - 60 day trial. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. Vote - Authorize Manager Execute MOU SEIU Local 888 Chapter 159 Water/Wastewater 7/1/12-6/30/15. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive 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. Vote - Apply/Accept/Expend ($11M) Tiger V Infrastructure Grant-DPD. In Council, Read twice, Motion “to adopt” by C. Lorrey, seconded by C. Martin. Adopted on roll call vote 9 yeas. So voted. Vote - Authorize City Manager enter License Agreement with UML (University Suites project). In Council, Read twice, Motion by C. Mendonca, seconded by C. Leahy “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. C. Lorrey disclosed he has a relative working at UML. C. Kennedy requested details on the agreement. City Solicitor O’Connor outlined the terms. C. Elliott questioned the length of the agreement. City Solicitor noted thirty days and then would be an easement. Vote - Transfer ($3,500) Audio Equipment. In Council, Read twice, Motion by C. Martin, seconded by C. Mendonca “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. C. Mercier noted the need for the system. C. Mendonca and C. Nuon commented on need as well. Ordinance - Amend Zoning (Rogers St) extend TMU District. In Council, Given 1st Reading, Motion by C. Mendonca, seconded by C. Martin “to waive full reading.” So voted. Motion by C. Mendonca, seconded by C. Lorrey “to refer to Planning Board for report and recommendation and to refer to public hearing on July 9, 2013 at 7 PM.” So voted. Ordinance - Amend c. 272, Art. VI, s.272-87 (Annual Sewer Use Charge). In Council, Given 1st Reading, Motion by C. Nuon, seconded by C. Mendonca “to waive full reading.” So voted. Motion by C. Martin seconded by C. Lorrey “to refer to public hearing on June 25, 2013 at 7 PM.” So voted. 5 Communication - From City Manager request approval Out of State Travel (1) DPD. In Council, Read Motion by C. Mendonca, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Personnel S/C May 28, 2013. In Council, report given, Motion by C. Mercier, seconded by C. Nuon “To accept the report as a report of progress”. So voted. C. Mendonca outlined the meeting and those who were present and commented that there is added to work to be done on ordinance and that the Manager will return to the subcommittee upon completion. C. Elliott noted there should be no mandates. GENERAL PETITIONS Claims (1) claim for property damage, (1) claim for personal injury. In Council, Motion by C. Kennedy, seconded by C. Lorrey, “To refer to Law Department for report and recommendation.” So voted. MOTIONS 21. By C. Mercier – “Req. City Mgr. ratify the settlement agreement between the City of Lowell, the City Manager and Mr. Walter Bayliss, Jr.” In Council, seconded by C. Elliott, read and referred to the Manager by Roll Call vote 5 yeas, 4 nays (C. Martin, C. Mendonca, M. Murphy, C. Nuon) So voted. C. Mercier outlined reason for motion and wanted to make sure the City was not breaching their obligation. Manager noted that if agreement is broken there is legal recourse. M. Murphy requested input of City Solicitor on the matter. City Solicitor commented that a non-disclosure agreement can be broken by others doing the parties bidding. C. Mercier commented she was troubled by City not following through on the agreement. City Solicitor commented the confidentiality agreements are common and outlined recent court action concerning them and noted that if agreements are broken the remedy is in a court of law or mediation. M. Murphy relinquished Chair at 9:00 PM to Vice Chair Mendonca. M. Murphy noted that government is about the people first and not individuals and this matter before the public is not appropriate. C. Mercier commented there is an injustice and she will comment on it. C. Martin noted he has not agreement before him and is not aware of the contents of the agreement so he would not support the motion. C. Leahy commented if there was an agreement made it should be honored. C. Elliott noted there was an agreement and Mr. Bayliss feels he was wronged and that he agreed with him and the matter should be here has it needs to be transparent. C. Elliott noted that ratify means to live up to the agreement. Manager commented that in his opinion they have not failed on the agreement and that it is a fluid legal matter to be handled by the Courts. C. Nuon commented he has not seen the agreement and cannot move on it and his only concern is that of protecting the City. C. Lorrey noted he had not seen the agreement and commented that the agreement had been worked out by mediators prior and that this matter is for the courts and not Council floor. City Solicitor commented that if there is a decision rendered they would abide by that decision. C. Elliott questioned if City had prior knowledge that what Mr. Bayliss was proposing could not be done. City Solicitor commented that this should not be for public discussion and noted this strategy could be 6 used to void contract and further noted that retirement process is entirely separate. Motion by C. Kennedy, seconded by C. Lorrey “to enter Executive Session for discussion of pending matter”. City Solicitor commented that the session can be used for pending or eminent litigation and that she would need to reach out to attorney for Mr. Bayliss to understand where the situation lies. C. Kennedy withdrew his motion with agreement from C. Lorrey who had seconded it. So voted. Manager noted he would not ratify the agreement as he believes he is following the agreement. C. Kennedy commented that it is a black and white issue if one is retired. C. Mercier called for roll call vote. Vice Chair Mendonca relinquish Chair to M. Murphy. By C. Elliott - “Req. City Mgr. provide a report on ways City could assist businesses forced to purchase the wireless fire alarm boxes.” In Council, seconded by C. Mercier, read and defeated on Roll Call vote 4 yeas, 5 nays (C. Lorrey, C. Martin, C. Mendonca, M. Murphy, C. Nuon. So voted. C. Elliott requested to explore the possibility of helping owners. City Solicitor noted there is pending litigation should not be for open discussion. C. Elliott commented there was never a report concerning litigation. Manager commented it not for public discussion. By C. Elliott - “Req. City Mgr. provide an explanation for the City’s fire-alarm policy for large residential properties.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott requested report and Manager noted he would provide it. By C. Kennedy - “Req. City Mgr. provide a report regarding any policy changes and safety and financial ramifications as a result of the recent housing court decision regarding fire alarm signal system.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Kennedy commented that considering an appeal is not ongoing litigation and only requesting a report. Manager noted he would provide report. City Solicitor noted that an appeal has been filed. By C. Kennedy - “Req. City Mgr. explore the potential for widening the East Merrimack Bridge during the construction delay.” In Council, seconded by C. Elliott, read and referred to the Manager. So voted. C. Kennedy commented that there would be delay in construction so there should be some adjustments. C. Mercier commented that the Army Core of Engineers are quite able to do an easy solution to the problem. By C. Kennedy - “Req. City Mgr. report on whether or not Solid Waste Advisory Committee, Lowell Civic Stadium Committee and the Green Building Committee should be abolished.” In Council, seconded by C. Elliott, read and referred to the Manager. So voted. C. Kennedy commented on reducing number of holdovers on boards and noted these three had a number of them on there. C. Kennedy noted if there are no meetings or interest then they should be abolished. Manager commented that Solid Waste and Green Building meet regularly and Civic does not so he will investigate if it can be abolished. 7 By C. Kennedy - “Req. City Mgr. appoint or re-appoint 2 members to the Animal Advisory Committee.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Kennedy noted that if there is a full complement now then that is good. Manager noted board is now full. M. Murphy relinquished the Chair to VC Mendonca at 9:45 PM. By M. Murphy - “Req. City Mgr. report on translation services provided by city and potential translations of most relevant passages of the City’s code of ordinances.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy outlined the motion and the attempt to make City Hall more accessible. 29. By M. Murphy - “Req. City Council adopt resolution in support of the Earned Pay Sick Time Act (HB 1739, SB 900) in order to provide minimum protections for often lower income private sector workers now more than afforded to those in city government” In Council, seconded by C. Lorrey, read and Motion by C. Elliott, seconded by C. Mercier “to table matter”. Adopted by Roll Call vote 8 yeas, 1 nay (C. Martin). So voted. M. Murphy noted that many employees do not have any days and in the long term that is not the best practice. C. Mercier noted she does not have enough information on matter to support. M. Murphy noted copy of legislation was included in packet. C. Elliott note not enough information and therefore moved to table the matter. By M. Murphy - “Req. City Mgr. explore discussion with Comcast on providing more Wi-Fi hotspots in neighborhood business districts and other strategic areas of the city, and to continue to explore options for more public Wi-Fi access.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted it was a good time to raise the issue during contract negotiations. Motion to Adjourn by C. Lorrey, seconded by M. Murphy So voted. Adjourn at 9:55 PM. Michael Q. Geary City Clerk Attachment #1: Solid Waste and Recycling dated May 28, 2013. 8