City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY JUNE 11 AND 18, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 7:10 PM Roll call showed 9 present. (June 11, 2013) Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Margaret “Peg” McAndrews and Arthur “Herky” Santos. C. Elliott spoke of Mr. Santos as well. CITY CLERK Minutes of City Council Meeting May 21st; City Council Meeting May 28th; Personnel SC May 28th; Special Meeting (Manager) May 28th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Mendonca. So voted. Communication - From LPD regarding dangerous dog. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. CITY AUDITOR Communication - May Budget Reports. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Mendonca. So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Amend Zoning Chapter 290. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Lorrey, seconded by C. Nuon “To waive the full reading”. So voted. Motion by C. Kennedy, seconded by C. Martin “To Adopt”. Adopted on roll call vote 9 yeas. So voted. C. Martin questioned effect on older buildings. Adam Baacke informed body that there was an allowance for pre-existing non-conforming use. C. Mercier noted favorable report from Planning Board on the matter. Vote - Approve FY’14 Budget. In Council, Read twice and hearing open to public. No Remonstrants. Manager Lynch made power point presentation entitled “FY 2014 Budget”. (See Attachment #1). Manager noted there would be change in budget as the proposed charter school will not be on line this year. C. Martin recognized bottom line result and questioned the school department budget. Manager noted the increase and commented that adjustments would be made as the new charter school was not moving forward. C. Martin questioned the police staffing for the year. Manager noted there were more recruits in the academy because of increases in retirements. C. Martin questioned proposed sewer increase and was informed that it would average about $17 per year per household. Motion by C. Kennedy, seconded by C. Mercier “to delay action (formal vote) on budget until June 18, 2013 at 6 PM and allow for general discussion at this point.” Adopted on Roll Call Vote 5 yeas, 4 nays (C. Lorrey, C. Martin, M. Murphy, C. Nuon). So voted. C. Mendonca commented he had questions concerning budget. C. Kennedy noted that questions could be brought forward during the week. C. Martin commented he would like to proceed as advertised. C. Mercier noted the length of the regular agenda. C. Lorrey noted he has had time to look at budget and is ready to move forward. C. Nuon noted he was prepared to vote and that the budget was lean and saw no cuts as there is not a tax increase with the budget. C. Mendonca questioned revenue picture and new growth. Tom Moses (CFO) addressed new growth in relation to tax levy. C. Mendonca questioned permitting indication for new growth and his concern with DOR involved with new growth. Mr. Moses commented that the DOR was not involved with new growth. C. Mendonca noted it was lean budget and saw no needed cuts. C. Mendonca expressed his concern for FY 15 as costs increase and the effect on taxes. C. Mercier questioned Lowell Memorial Auditorium expenses and Manger outlined them for the Council. C. Mercier noted no tax increase but cautioned taxes may go up because of increase value. C. Nuon questioned school budget in relation to charter school assessment. Manger noted they were satisfied with the amount of school funding. C. Nuon reviewed police budget relating to union contracts and overtime. C. Nuon questioned fire department budget for turnout gear. Chief Pitta (LFD) addressed the policy. C. Leahy noted overall the budget looked good. Manager thanked department heads and matter was continued until June 18th at 6 PM after general discussion was concluded. UTILITY PUBLIC HEARINGS (Scheduled for 7PM) Comcast of Southern NE - Underground conduit Prescott Street. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Mendonca “To refer to Wire Inspector for report and recommendation”. So voted. Comcast of Southern NE - Underground conduit Middlesex Street. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Nuon “To refer to Wire Inspector for report and recommendation”. 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. Mendonca, seconded by C. Lorrey. So voted. Communication - Report and Recommendation from Planning Board RE: Proposed Amendment relative to Minimum Lot Widths. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Nuon. So voted. Vote - Sidewalk Seating License Agreement (TreMonte Pizzeria Restaurant and Bar)-44 Palmer St. In Council, Read twice, Motion by C. Nuon, seconded by C. Kennedy “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. Vote - Transfer ($17,400) Parks Dept. In Council, Read twice, Motion by C. Mendonca, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Mercier. Adopted on roll call vote 9 yeas. So voted. Vote - Accept Provisions of Ch 44, s. 53F 1/2 of MGL to establish an Enterprise Fund for the Lowell Memorial Auditorium. In Council, Read twice, Motion by C. Lorrey, seconded by C. Martin “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Transportation SC June 11, 2013. In Council, report given, Motion by C. Kennedy, seconded by C. Mendonca “To accept the report as a report of progress”. So voted. C. Lorrey issued the report noting motions made at subcommittee by C. Kennedy and forwarded. Motion by C. Kennedy, seconded by Mendonca “to request City contact State Delegation for funding for the environmental study on the bridge project.” So voted. Motion by C. Kennedy, seconded by C. Mendonca “to request DPD prepare a report outlining impact of the bridge alternatives on land taking, traffic and costs to the City.” So voted. Wire Insp. - National Grid - Replace underground electric duct bank in sidewalk on Freda Lane. In Council, Read, Motion “to accept and adopt accompanying order” by C. Mendonca, seconded by C. Nuon. So voted. GENERAL PETITIONS Claims (2) claim for property damage. In Council, Motion by C. Kennedy, seconded by C. Lorrey, “To refer to Law Department for report and recommendation.” So voted. C. Kennedy noted that there was a wastewater claim that needed quick attention. City Solicitor O’Connor commented that she would address the matter. Misc. - National Grid request for underground electrical easement at Perkins Street and Riverwalk Way. In Council, Motion by C. Mendonca, seconded by C. Nuon, “To refer to Law Department for report and recommendation.” So voted. UTILITY PETITIONS National Grid - Underground electric conduit to feed transformer at 65 Perkins St. In Council, Given 1st Reading. Motion by C. Nuon, seconded by C. Mercier “to refer to public hearing on July 9, 2013 at 7 PM.” So voted. National Grid/Verizon - Relocate poles for street corner roundings at Broadway and Wilder Streets. In Council, Given 1st Reading. Motion by C. Lorrey, seconded by C. Martin “to refer to public hearing on July 9, 2013 at 7 PM.” So voted. MOTIONS By C. Kennedy – “Req. City Council Neighborhoods SC consider recommending to the DPD work with backyard chicken enthusiasts to establish a chicken cooperative as an alternative to backyard chickens.” In Council, seconded by C. Leahy, read and referred to the Neighborhoods SC. Roll Call vote 7 yeas, 2 nays (C. Elliott, M. Murphy). So voted. Robert Rafferty, registered speaker, addressed the issue and noted it would not be a proper solution and outlined the concerns with the proposal. Ann Marie Page, registered speaker, noted support of the motion. C. Kennedy commented that the proposal could be an alternative and noted sometimes compromise does not work. Motion by C. Lorrey to refer to Municipal Facilities SC failed for lack of a second. C. Kennedy noted there was no need for C. Lorrey motion has the matter would not be in the jurisdiction of the Facilities SC. C. Mendonca noted it should be sent to Neighborhoods SC. C. Mercier spoke favorably of the compromise. C. Elliott commented that there should be no further discussion of the matter has the City has more pressing issues. C. Nuon noted it should be discussed. By C. Martin - “Req. Police Supt. report to City Council concerning smart policing and other initiatives planned to reduce violence in summer months.” In Council, seconded by C. Mendonca, read and referred to the LPD. So voted. C. Martin requested a presentation before Council. C. Nuon supported the motion. By C. Lorrey/C. Mercier - “Req. City Mgr. have the proper dept. explore a long term solution to the parking shortage around Callery Field.” In Council read and referred to the Manager. So voted. C. Lorrey noted it was a busy area and it needs attention for safety purposes. C. Mercier commented on shortages of spaces and the danger involved. C. Leahy suggested use of the church lot. C. Lorrey noted church lot was not an option for liability reasons. By C. Leahy - “Req. City Mgr. have proper dept. replace parking lot signage at the Wang and Pawtucketville Memorial Schools.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy noted the signs have washed out and need replacing. By C. Leahy - “Req. City Mgr. have proper dept. make exterior repairs at the Pawtucketville Memorial School.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy noted the needed repairs. By C. Leahy - “Req. City Mgr. have LPD report on traffic safety in the neighborhoods.” In Council, seconded by C. Lorrey, read and referred to the LPD. So voted. C. Leahy noted he was looking for general information so there could be assistance. C. Kennedy requested uptick in presence of LPD on Andover Street to slow down traffic. By C. Mercier - “Req. Law Dept. begin the process of abandoning Worcester Road.” In Council, seconded by C. Nuon, read and referred to the Law Dept. So voted. C. Mercier noted need to protect neighborhood and prevent development. By C. Elliott - “City Council discuss proposed trash contract.” In Council, seconded by C. Kennedy, discussed by Council. So voted. C. Elliott noted there were discussions in Executive Session and commented that there were no bids and that is not the best practice. C. Elliott commented that the Council was left out of important issues like recycling and yard waste. Manager noted there were no changes to yard waste collection but there may be ways to save money and keep taxes lower in the future. Manager noted there was no bids as that was not required and the City made out much better with the process. C. Elliott commented the problem was that the Council had no idea that there were contracts out there. City Solicitor O’Connor noted that there may be better alternatives than 30B and outlined different processes. C. Kennedy noted the yard waste collection will remain the same for next year and his concern was with the presentation to the Council. Manager noted there was no need for legislative action on the matter but did bring it forward. C. Mercier questioned the size of the recycling bins for the elderly. C. Lorrey commented on size of bins as well. C. Martin noted the Executive Session is utilized to keep information from other side during negotiations and not to keep it from the public. C. Nuon commented on the bidding process. City Solicitor O’Connor noted the process was legal. C. Kennedy noted the problem was the Council did not know there were negotiations going on. C. Elliott questioned legislative approval. City Solicitor outlined contract which require Council approval. C. Leahy commented that there is no argument to the savings. By C. Elliott – “City Manager provide update on transferring of non-emergency fire signals and cost estimate for the work.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. By C. Elliott – “City Council discuss setting up revolving fund for Cawley Stadium.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Elliott noted the stadium needs repairs and there should be funding sought for those repairs. C. Lorrey noted that funds are used from rental of gyms at the schools. C. Lorrey questioned revenues from the parks. Tom Moses (CFO) noted there is about $17,000 per year in revenue from parks. By C. Elliott – “City Manager provide report on status of Solar Renewable Energy Credits for city solar projects.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott requested status has the energy market is quite volatile. By C. Elliott – “City Manager provide report on status of new Charter School.” In Council, with drawn by C. Elliott has matter had been addressed. Motion to Adjourn by C. Mendonca, seconded by C. Martin. So voted. Adjourn at 9:50 PM.