City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY JANUARY 8, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:40 PM C. Lorrey requested moment of silence in darkened chamber for Sally Birke. Roll call showed 9 present. Mayor Murphy Presiding. CITY CLERK Minutes of City Council Meeting December 18th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. CITY AUDITOR Communication - Review of Chapter 15 of the Code of Ordinances entitled “Personnel”. In Council, read, accepted and placed on file and forward to Finance Subcommittee by Motion of C. Mendonca, seconded by C. Nuon. So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Amend Ch. 104 (Animals). In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mendonca, seconded by C. Lorrey “To waive the full reading”. So voted. Motion by C. Mercier, seconded by C. Mendonca “To Adopt”. Adopted on roll call vote 8 yeas, 1 nay (C. Elliott). So voted. C. Mendonca noted that there were some changes made to the ordinance and requested law department outline them. Asst. Solicitor David Fenton outlined the changes and the reasons for them. Dianne Digris of Cabot Street in Lowell spoke in favor of ordinance and noted it was well written and offered some suggestions. C. Elliott would not support the ordinance because of the language which revokes the prior pit bull ordinance which he commented was given a lot of effort and time in compiling it. C. Martin noted that the state law has changed and the City must put forward the best alternative in terms of a new ordinance. C. Elliott questioned if other communities with pit bull ordinances were abandoning them. Atty. Fenton noted that has been the trend in other communities. Ordinance - Amend Ch. 140 “Electrical Standards” and Ch. 150 (Fees). In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Lorrey, seconded by C. Leahy “To waive the full reading”. So voted. Motion by C. Lorrey, seconded by C. Martin “To Adopt”. Adopted on roll call vote 7 yeas, 2 nays (C. Elliott, C. Kennedy). So voted. Vote - Accept Ch. 32B, s. 20. In Council, Given 2nd Reading and hearing held. No Remonstrants. Motion by C. Mendonca, seconded by C. Nuon “To waive the full reading”. So voted. Manager Lynch explained the vote and the reason for it as well as 1 outlining the history of the general laws surrounding the matter. Manager noted this would put the City in the best position to deal with the financial matter and not put extra burden on public in the future. C. Mendonca question the costs associated with retirees. Manager outlined the costs and increases associated with the benefits. Mr. Moses (CFO) specified the costs as well. Motion by C. Kennedy, seconded by C. Elliott “To delay action for one week”. So voted. UTILITY PUBLIC HEARINGS (Scheduled for 7PM) Pole Loc. – National Grid and Verizon New England, Inc. request to set (1) new pole at 945 Middlesex Street. In Council, Given 2nd reading. Hearing held. No Remonstrants. Hearing closed. Motion to Refer to Wire Department for report and recommendation by C. Lorrey, seconded by C. Martin. 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. C. Elliott requested a report on the lower highlands neighborhood under the Manager’s Initiative Program. C. Noun questioned the program and Manager outlined the different projects. C. Lorrey commented on the report regarding parking in the Acre and further commented on victim impact statements of the City. C. Noun noted that legislative action would benefit the usefulness of impact statements of the City. C. Mendonca commented on the real estate tax bill report and noted that a percentage of bills increased. Manager explained process and how the bills are related to values and that the values may shift causing bills to change. Mr. Moses outlined the report and its association with growth. C. Mendonca commented on Assessor’s memo regarding the nonprofit properties causing a shift to the rest of the levy. C. Kennedy noted that the explanation seems to be that the increase is tied to home improvements and shifts in the market. Mr. Moses noted that taxes could increase due to growth as well. C. Elliott stated he understood the report and that perhaps there could be a better way to communicate that to the public. Manager noted the challenge in presenting information to the public. C. Elliott discussed the computers in the library and access to them by Level 3 sex offenders and if the policies were being followed. Manager commented that the policies are being followed and that there was a recent incident that the police are investigating. Manager noted that people can be banned from library but there is due process which must be followed. C. Mercier commented that she received correspondence that the policies were not being followed and she submitted same to Manager. Manager noted policies seem to be working and that the letter submitted is anonymous so there is some difficulty following up. C. Lorrey questioned if a restraining order can be taken out against an individual preventing them from entering library. Solicitor O’Connor noted that restraining orders or no trespass orders can be taken out against individuals and that they would be in violation of law if they entered the library. C. Elliott noted that emails received are very specific and it lead to a conclusion that the policies are not working. C. Noun questioned the latest incident and City Solicitor cautioned against discussion as there was an investigation in the matter. C. Kennedy commented that policies should 2 always be reviewed and that there should be a focus on the use of the public computers. C. Mendonca questioned if police were being denied access to a computer. Manager stated he had no knowledge of that. C. Leahy requested report updating Westview Road inspection. Communication – Report and Recommendation from Planning Board RE: Proposed Amendment extending RR zoning district to include the parcel located at 228 Plain Street. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. Ordinance - Amend Zoning 228 Plain Street. In Council, Motion by C. Mercier, seconded by C. Nuon “To waive the full reading”. So voted. Given 1st Reading. Motion by C. Nuon, seconded by C. Mendonca “To refer to Public Hearing on February 5, 2013 at 7 PM”. So voted. C. Mercier noted that the applicant did not speak in favor at the planning board hearing and the planning rejected the petition and she would not support the matter. Vote - Auth Mgr. Lease eleven (11) Parking Spaces (Leo A. Roy Municipal Parking Facility) to United States Government. In Council, Motion by C. Mendonca, seconded by C. Martin “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Elliott, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (C. Nuon). So voted. Vote - Authorize City Manager enter Lease Agreement with Fortune Wakefield LLC c/o Farley White Management Co. for property located at 660 Suffolk St (Crime Analysis Unit). In Council, Motion by C. Martin, seconded by Mercier “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Mercier, seconded by C. Nuon. Adopted on roll call vote 8 yeas, 1 absent (C. Martin). So voted. C. Elliott requested information on vote and Manager provided same. C. Lorrey noted the lack of space at the police department and other city buildings. Manager noted space at the police station is a problem and that a long term approach is needed for correction. Order - 60 day trial. In Council, Motion by C. Mendonca, seconded by C. Nuon “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Leahy, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. Vote - Auth Mgr. execute Intermunicipal Agreement w/Town of Tewksbury, PJC Realty MA, Inc/Rite Aid and Long Meadow Golf Club (935 Andover St. Tewksbury). In Council, Motion by C. Martin, seconded by C. Nuon “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Lorrey, seconded by C. Kennedy. Adopted on roll call vote 8 yeas, 1 present (C. Martin). So voted. C. Mendonca was informed that there was not a Tewksbury option to tie into their sewer system. Communication - Appt. Clifford Krieger (License Comm.). In Council, Read twice Motion by C. Kennedy, seconded by C. Mendonca “To adopt”. Adopted on roll call vote 9 yeas. So voted. Manager outlined the choice for the Council. C. Kennedy noted it was 3 a good appointment and that it should be extended when the time comes. C. Kennedy noted his concern about the release of information of an unsuccessful candidate who was approached by a blogger in the City regarding the appointment. Manager commented that the information did not derive from him and he outlined various instances in which such information could get out into the public. C. Mendonca disclosed that he had served with Mr. Krieger on a board in the past. C. Mercier disclosed that she is part of a social group with Mr. Krieger. C. Elliott commented that he sees a trend when information is in the blogs before it is with the Council. C. Elliott noted he would like to see information before it goes out to the public. C. Martin noted there was no real secret about who was an applicant for the job and the meeting agenda is posted at some point and that the Mayor and Manager are aware that the Council should get information first. C. Elliott commented he had no knowledge that Mr. Krieger was an applicant for the job. C. Kennedy noted his concern was with information released about an unsuccessful candidate. Mr. Krieger was present and thanked Council. Communication - Appt Eric Faulkner (Lowell Memorial Auditorium). In Council, Read twice Motion by C. Elliott, seconded by C. Mercier “To adopt”. Adopted on roll call vote 9 yeas. So voted. Manager outlined the choice for the Council. C. Mercier noted some issues with the board of trustees and the RFP not being discussed with them before it was sent out. Manager noted it was purchasing department that sends out RFP under his direction. Manager noted the board is and will be involved with the process. Mr. Faulkner was present and thanked Council. Communication - Re-Appt Crystal Arnott (Animal Advisory Committee). In Council, Read twice Motion by C. Mercier, seconded by C. Lorrey “To adopt”. Adopted on roll call vote 9 yeas. So voted. Ms. Arnott was present and thanked Council. Communication - Appt. Samkhann C. Khoeun (Lowell Housing Authority). In Council, Read twice Motion by C. Noun “To delay for week to gather information”. Substitute Motion by C. Kennedy “To refer matter back to Manager”, seconded by C. Mercier. Accepted on roll call vote 8 yeas, 1 nay (C. Elliott). So voted. Manager outlined changes at Lowell Housing Authority as well as his choice of applicant. C. Elliott noted the applicant was involved in a project riddle with violations and based on compliance history at the housing authority he would not be comfortable with the choice and he would not support it. C. Mercier commented it was not the right person for the job and cannot support applicant. C. Mendonca noted concern with nomination as the person is the public face of an organization which violated law repeatedly and he would not support the applicant. C. Kennedy commented he urged the Manager for diversity but he is not confident about this choice. C. Lorrey noted concerns with the history of the project as well as with the applicant. C. Noun noted the attempt at diversity but he has a number of concerns with the applicant and he would need added time to address the concerns. C. Lorrey noted that appoints have been put off in the past. C. Kennedy stated the matter should be sent back to Manager to reconsider. REPORTS (Sub/Committee, if any) 4 Finance Subcommittee January 8th. In Council, Motion by C. Mercier, seconded by C. Nuon “To accept the report as a report of progress”. So voted. C. Mendonca gave report outlining presentation and next steps on the Plan. C. Mendonca outlined the updates provided by Colonial Power as a report of progress. C. Mercier commented that notice to the public is an important element to the plan. Rules Subcommittee January 8th. In Council, Motion by C. Mercier, seconded by C. Mendonca “To accept the report as a report of progress”. So voted. C. Kennedy outlined the meeting and the recommendation of the subcommittee that special meetings regarding oversight of clerk, auditor and manager will continue but will be before regular scheduled council meetings. C. Kennedy noted there would be something on the matter in next agenda. GENERAL PETITIONS Misc. – Roberta Bowler, Lowell, MA request Handicap Parking Sign. In Council, Motion by C. Kennedy, seconded by C. Mercier “To refer to Traffic Engineer”. So voted. Misc. – Tina G. Degree, Lowell, MA address the City Council regarding consumer’s right to choose their cable company. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Kennedy. So voted. C. Martin commented that the petition concerns itself with Verizon doing business in the City and noted that they are welcome to but have chosen not to. Misc. – Atty. George Eliades, Jr. for Charis Trust request to amend Zoning Code by adding additional use under Article XII: Table of Uses 12.3. In Council, Motion by C. Kennedy, seconded by C. Lorrey, “To refer to Law Department to draft the ordinance.” So voted. UTILITY PETITIONS National Grid - Install underground electric conduits on Market Street. In Council, read and referred to a Public Hearing on January 22, 2013 @ 7PM on Motion of C. Leahy, seconded by C. Mendonca. So voted. MOTIONS By C. Leahy – “Req. City Mgr. have traffic engineer prepare a report regarding the lights at the intersection of Middlesex and Wood Streets.” In Council, seconded by C. Mendonca, read and referred to the City Manager. So voted. C. Leahy outlined motion. Manager explained the issue at the intersection and the solution for it. C. Leahy noted there should be better signage at the merge at Wood St. C. Lorrey commented about the use of officers to control traffic during peak hours. C. Elliott noted that University Bridge will be closed at one point and City should be prepared to handle overflow at this location. C. Mercier questioned if the UMass Lowell police could assist. Manager noted that the layout in that area would not be conducive with human traffic control. C. Mendonca questioned the use of GPS timing on the system. Adam Baacke (DPD) noted that the issue at Rourke Bridge causes more of a problem because of multiple facets and 5 heavy volume. C. Lorrey noted that a Transportation Subcommittee will be meeting on January 22nd with a member of NMCOG present. By C. Lorrey – “Req. City Mgr. have proper department explore the possibility of purchasing a snow making machine.” In Council, seconded by C. Leahy, read and referred to the City Manager. So voted. C. Lorrey noted you could get used one and it would increase quality of life and enhance use of park. C. Elliott questioned what kind of costs was involved. C. Mendonca noted he would support looking into the matter but it seems costs would be too high. C. Kennedy noted it was not a bad idea and to look into the matter. By C. Lorrey – “Req. City Mgr. have Lowell Police Dept. review safety procedures and evaluate needs of the Lowell Public Schools and report to Council with findings.” In Council, seconded by C. Leahy, read and referred to the City Manager. So voted. C. Lorrey noted the importance of safety in the schools. Manager noted that there is a scheduled police training session with the schools. By C. Lorrey – “Req. City Mgr. have Lowell Police Dept. prepare a report regarding the incident in December at Brian’s Ivy Hall.” In Council, seconded by C. Kennedy, read and referred to the City Manager. So voted. C. Lorrey noted downtown must be looked at differently and strike a balance between residents and the night life. C. Elliott questioned the status of the new downtown regulations going before the License Commission. Manager noted the regulations have been sent to the Commission. C. Mercier requested report regarding the effect of new regulations on Veteran Clubs. C. Lorrey noted that the clubs differ from bars has the club has members while bars do not. By C. Mercier – “Req. City Mgr. add to street light list the poles located at 145 and 227 Gorham Street.” In Council, seconded by C. Mendonca, read and referred to the City Manager. So voted. C. Mercier noted it was at the Lowell Housing Authority and the area was very dark. C. Leahy requested that the lights at Auditorium should be enhanced. By C. Mercier – “Req. City Mgr. provide update regarding city implementation of the Darkness to Light Child Abuse Prevention Program.” In Council, seconded by C. Mendonca, read and referred to the City Manager. So voted. C. Mercier acknowledge that work was being done on the program and the Manager noted presentation at department head meeting. Mayor Murphy relinquished the chair to Vice Chair Mendonca at 9:35 PM. By M. Murphy – “Req. City Mgr. develop with input from Council, School Committee and all departments an annual legislative program consistent with our strategic goals and objectives.” In Council, seconded by C. Mercier, read and referred to the City Manager. So voted. M. Murphy noted the motion is self-explanatory and it has been before Council before. Vice Chair Mendonca relinquished the chair to Mayor Murphy at 9:37 PM. 6 31. EXECUTIVE SESSION – To consider the lease or acquisition of a small portion of real property since public discussion of such negotiations may have a detrimental effect on the negotiating position of the public body. 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 adjourn from the Executive Session and not return to the public session. Motion by C. Mercier, seconded by C. Nuon “To enter into Executive Session to consider the lease or acquisition of a small portion of real property since public discussion of such negotiations may have a detrimental effect on the negotiating position of the public body.” Adopted on Roll Call vote 8 yeas, 1 absent (C. Elliott). So voted at 9:40 PM. Motion to Adjourn by C. Martin, seconded by C. Kennedy. So voted. Adjourn at 10:00 PM. Michael Q. Geary City Clerk 7