Monday evening, December 21, 2009. Informal Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by President Janssens at 6:30 o’clock p.m.
Councillors Present: Councillors Anderson, Ares, Boudreau, J. Cormier, R. Cormier, Dembrosky, Graves, Jaillet, Minns, President Janssens.
Councillor Absent: Councillor Robinson.
Others Present: Mayor Mark Hawke, City Solicitor John Flick, Community Development & Planning Director Robert Hubbard.
President Janssens recognized Mayor Hawke, who addressed the Council on Calendar Item #8284 - West Lynde Street Parking Lot License/Parking Ordinance.
The Mayor stated the License Agreement accomplished the same result as a lease, except it gives the City more leverage.
Rob Hubbard distributed a section from the City’s Urban Renewal Plan. He stated the parking lot highlights a short-term priority for the multi-family development by providing needed parking.
The Mayor said the assessed value of the Goodnow-Pearson building before the renovations was $295,800 annually. At 40% completion, the Assessors value it at $909,000. Upon completion, the Assessors estimate the total valuation at $1.9 million, resulting in tax receipts between $40 and $50 thousand.
Councillor Anderson stated her position is not anti-development, but is concerned in the manner in which the Mayor proceeded to sign a License Agreement, thereby avoiding Council review and approval.
The Mayor stated the License achieved the Council’s intent to offer the property for other uses.
Councillor Graves agreed with Councillor Anderson that the Mayor cut the Council out of the decision-making process, leaving no checks and balances. He added that under G.L. c.40, §3, the Council would have the power to nullify the License Agreement.
City Solicitor John Flick said that under G.L. c.40, §3, the provisions apply to CEOs in cities, even though the statute refers to Boards of Selectmen.
Councillor Dembrosky expressed support for downtown development, but objected to “what the Council voted” and “what was actually done” by the Mayor. She added that the Council should be making changes to the Traffic Ordinances that would address all downtown parking problems. In this case, she added, the current parking lot ordinance conflicts with the Licensing Agreement. She expressed concern that there may be an instance in the future where a Licensing Agreement entered into by a Mayor may not be in the best interest of the City.
Councillor Anderson asked the City Solicitor “what’s to prevent a future Mayor from negotiating a license agreement for vacant city property”.
The City Solicitor replied “technically nothing in place to prevent a Mayor from executing a license agreement”. He added a provision could be added to the Charter or an Ordinance to address this matter.
Rob Hubbard commented that the idea for a license agreement came from the Planners “List Serve”. He added that a license agreement has no shelf-life. “The fear is on the other side, for they have virtually no rights.”
Councillor Boudreau questioned the City Solicitor about liability in the event damage is caused to the parking lot while under the license agreement.
The City Solicitor replied that as a municipal corporation, the City may pursue action utilizing all legal avenues available to it. He noted that under Section 6 of the Licensing Agreement, the City is indemnified (held harmless) for slips and falls, etc.
The Mayor added that the City will generate $4,300 per year under the terms of the agreement.
Councillor Anderson asked the Mayor if the City approved the improvements to the property before the Agreement was executed.
The Mayor replied he had no knowledge of the previous improvements made. The Licensee (Gary Lorden) went ahead and made improvements before the Agreement was finalized.
Councillor Anderson asked how the Council could prevent this from happening again.
City Solicitor John Flick stated Gary Lorden’s alterations to the parking lot were premature and made at his own risk. He added that the City could have issued a cease and desist order to prevent alterations to the lot.
Councillor Dembrosky added that discussions were held between the Mayor and Developer Gary Lorden, but express permission was never given. “Who determines if the improvements were done well”, she questioned.
The Mayor agreed with Councillor Dembrosky that the Traffic Ordinance affecting the parking lot contradicted itself.
President Janssens declared the meeting closed at 7:25 p.m.
Accepted by the City Council: January 4, 2010
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