City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY JANUARY 22, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. Mayor Murphy Presiding. C. Mercier moment of silence in darkened chamber for John Sheehan former Chief of Police City of Lowell. C. Elliott moment of silence in darkened chamber for Anthony Cassella. C. Lorrey moment of silence in darkened chamber for Normand Belley. CITY CLERK Minutes of City Council Meeting January 15th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Mercier. So voted. CITY AUDITOR Communication – FY 2012 Audits, including Management Letter. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Lorrey. So voted. C. Mendonca noted improving financial picture and by Motion, seconded by C. Lorrey “to refer communication to Finance Subcommittee for review.” So voted UTILITY PUBLIC HEARINGS (Scheduled for 7PM) Conduit Loc. – National Grid, install underground electric conduits Market Street. In Council, Read, and hearing held. Michelle Stacey, representative of National Grid, spoke in favor of petition. No Remonstrants. Hearing closed. Motion by C. Lorrey, seconded by C. Mendonca “To have matter referred to wire inspector for report and recommendation”. So voted. CITY MANAGER Communications from City Manager—Responses to City Council Motions and Requests and Informational Materials. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Martin. So voted. COUNCIL MOTION OF 1/8/13 BY COUNCILOR LEAHY “Request city manager have traffic engineer prepare a report regarding the lights at the intersection of Middlesex and Wood streets.” No discussion on matter. COUNCIL MOTION OF 1/15/13 BY COUNCILOR MARTIN “Req. City Mgr. Have proper department take measures to publicize the availability of flu shots.” No discussion on matter. COUNCIL MOTION OF 1/15/13 BY COUNCILOR NUON 1  “Req. City Mgr. have proper department prepare a report regarding preparedness addressing flu epidemic issues.” No discussion on matter. VERBAL REQUEST OF 1/15/13 BY COUNCILOR ELLIOTT “Req. report from health department on flu shot inventory—reasons for limits and whether more doses can be acquired”. No discussion on matter. VERBAL REQUEST OF 1/15/13 BY COUNCILOR NUON “Explore possibility of getting flu information in other languages.” C. Nuon noted the report indicating that the information was getting out there in different languages. . VERBAL MOTION OF 1/8/13 BY COUNCILOR ELLIOTT “Requested status report re: License Commission taking up Rules and Regulations put forward by council”. No discussion on matter. VERBAL MOTION OF 1/8/13 BY COUNCILOR MERCIER “Requested information on what breaks social/veterans clubs receive in terms of fees”. C. Mercier noted information received from City Solicitor and License Commission regarding fees to social and veteran clubs. C. Mercier noted that she would bring forth motion on behalf of the clubs for the License Commission to discuss possible changes. Manager Lynch commented that the administration was surprised by the fees and that there should be some reduction for the clubs. VERBAL REQUEST OF 1/8/13 BY COUNCILOR ELLIOTT “Requested a report on the Lower Highlands Neighborhood under the Manager’s Initiative program”. C. Nuon commented on the report and thanked administration for same. Informational Snow Operations Report. C. Leahy commented on the report and questioned the planning involved for storms. Manager noted that there are differing plans for different weather and that the plans are extensive. C. Lorrey recognized the quality work done on the roads during last storm. Historical Dog License Revenue. C. Mendonca commented on registering dogs and the fee structure. C. Lorrey questioned the reasoning behind dog registration. Update on Elections Operations Reports. C. Nuon noted the communication and questioned when the full report would be completed. Manager noted it would be 30 to 45 days. C. Leahy noted there was a meeting coming this week with Election Commission and questioned if there would be discussions regarding polling sites in the future. Solicitor O’Connor noted there would be a number of issues discussed during the meeting. C. Kennedy questioned the staffing in the office. Manager noted there were still existing issues in the office. 2 Order – 60 day trial (Coburn St). In Council, Motion by C. Nuon, seconded by C. Mendonca “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Mercier, seconded by C. Martin. Adopted on roll call vote 9 yeas. So voted. Ordinance-Amend Zoning-Article XII: Table of Uses and Sec. 7.7 (Narcotic Detoxification and/or Maintenance Facilities). In Council, Motion by C. Nuon, seconded by C. Mercier “To Waive Full Reading”. So voted. Given 1st Reading, Motion by C. Kennedy, seconded by C. Nuon “to refer to Planning Board for report and recommendation and refer to public hearing on March 12, 2013 at 7 PM.” So voted. Communication - Reappoint William Briere, Gail Bartlett, Ron Lassman, Cheryl Quintal, Joseph Mellen and David Ellingson (Lowell Commission on Disability). In Council, Read Motion by C. Kennedy, seconded by C. Elliott “To approve”. Approved on roll call vote 9 yeas. So voted. Vote – accept proposal of J&K Realty Group, LLC ($265,500.00) & convey 812 Gorham St. (former Butler School). In Council, Motion by C. Mendonca, seconded by C. Mercier “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Lorrey, seconded by C. Mendonca. Adopted on roll call vote 8 yeas, 1 present (C. Martin). So voted. Elkin McCallum, registered speaker and owner of adjacent Prince Property, spoke in support of the vote. Mr. McCallum spoke of his parcel and how this vote would enhance the entire neighborhood. C. Leahy requested information on the vote. Adam Baacke (DPD) outlined the project and other proposals on the matter and commented on best fit for the City and impact on neighborhood. C. Lorrey supports plan as it would eliminate a vacant property and gain access to a larger parcel. C. Nuon commented on inadequate information regarding other proposals and that more information should have been provided to the Council. C. Nuon supports the matter as it allows access to another parcel but more information should have been forthcoming and that perhaps that information could be released at Economic Development Subcommittee. C. Kennedy supports the vote as it is economic development and the access road is an important element of the vote. C. Mendonca noted he is an advocate in getting the project moving and on tax roll and that the access road is an important part of project. C. Leahy questioned the amount of information to the Council regarding proposals. Manager noted the summary that was supplied to Council and that more information could be supplied if wanted. Manger outlined process for choosing the proposal. C. Mercier supports the vote and questioned information on the matter. Manager commented that information was contained in the packet to Council. C. Kennedy commented that when there are competing proposals perhaps more information would be needed. C. Lorrey commented that there is a number given if there are any questions. C. Elliott question proposals on the project. Manager noted that highest bid did not include access road to back parcel. Mr. Baacke outlined each proposal and the differences between them especially the inclusion of access road. C. Nuon noted that access road is critical and his concern was with information being furnished to Council regarding all proposals. C. Elliott commented it was time to move forward on the project. Communication – Accept resignation of Amy Young (Lowell Commission on Disability). In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Mendonca. So voted. 3 Communication – From City Mgr. request Approval of Out of State Travel (2) Health Dept. In Council, Read Motion by C. Nuon, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Transportation SC from January 22, 2013. In Council, Motion by C. Mendonca, seconded by C. Martin “To accept the report as a report of progress”. So voted. C. Lorrey gave report and outlined meeting and those who attended. Meeting involved the traffic report indicating the intersections with the most accidents and outlined improvements to the intersections. C. Lorrey also indicated there was a public meeting regarding the Rourke Bridge coming up. C. Mendonca commented on upcoming Finance Subcommittee meetings on February 5 (health care fund surplus) and February 19 (personnel ordinance). Mayor Murphy outlined upcoming special meetings for clerk and for master draft plan on January 29. Wire Insp. - National Grid and Verizon New England, Inc. request to set (1) new pole at 945 Middlesex Street. In Council, Motion C. Nuon, seconded by C. Mendonca “To accept and adopt the accompanying order”. Voice vote 8 yeas, 1 nay (C. Leahy). So voted. GENERAL PETITIONS Misc. – Flood Law Office for Good Thymes, LLC and Weed Street, LLC, request to extend the existing TMU Zone to include the property at 12 Weed St. In Council, Motion by C. Lorrey, seconded by C. Martin, “To refer to Law Department to draft the ordinance.” So voted. MOTIONS By C. Lorrey – “Req. City Mgr. expand the existing skating rink in Pawtucketville to approximately 180 feet.” In Council, seconded by C. Kennedy, read and referred to the Manager and Parks and Recreation Subcommittee. So voted. C. Lorrey noted if the area is used then you could expand if costs were right. C. Lorrey requested it be forwarded to Parks and Recreation Subcommittee to look at matter and set up rules and regulations. C. Mendonca noted it should be looked at before you commit further money on the project. C. Elliott noted you should see if people will use it before you commit more costs to it. By C. Lorrey – “Req. City Mgr. explore an area for a skating rink in the downtown area.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Lorrey noted other municipalities have done it with charges to public which would not be his preference. By C. Nuon – “Req. City Mgr. report on legislation requiring utilities to remove “Double” poles within 90 days.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Nuon commented that they should speak to delegation to get status on matter and to ensure that penalties are included in law for failure to remove poles. C. Leahy commented he spoke with Representative Golden regarding matter and that they must explore ways to hold utilities feet to the fire on the issue. C. Mendonca noted the law is in place it just needs aggressive penalties for failure to remove poles timely. Manager noted Verizon and National Grid will be meeting with city officials next week and will report and administration will continue to push the legislation to include strict penalties. C. Kennedy commented that they should continue to work with Massachusetts Municipal Association regarding this issue. 4 By C. Nuon – “Req. City Mgr. provide an update regarding Regional 911 Program.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Nuon indicated the motion spoke for itself. C. Mercier requested information regarding the reverse 911 program. Manager commented that when using the reverse 911 system high costs are involved for each use so the use can be limited. C. Lorrey outlined the status of the regional 911 program and the issues which remain. By C. Elliott – “Req. City Mgr. provide an update on whether the city has brought on a company to handle non-fire signals.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott questioned status on the matter and noted that it does not involve fire calls but there is an element of public safety which still exists and the system should be in place. Manager commented that the system is not up as of yet and there exist funding issues as fees could not be collected for use to defray costs of the system. C. Martin requested information on the function of the software. Motion to Adjourn by C. Kennedy, seconded by C. Lorrey. So voted. Adjourn at 8:20 PM. Michael Q. Geary City Clerk 5