City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY FEBRUARY 12, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. Mayor Murphy Presiding. UNFINISHED BUSINESS (Continued from February 5, 2013) By C. Mendonca – “Req. City Mgr. identify a park location where Cricket field could be established.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Mendonca outlined reason for motion as a response from a request of segment of citizens and thought it would not be a costly endeavor. Manager Lynch commented he would work on the matter and an issue may be finding a large enough area for play. By C. Mendonca – “Req. City Mgr. provide an update of the transition to the new Residential Reserved Parking program.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Mendonca requested update so that some data about users could be gathered. By C. Leahy – “Req. City Mgr. have proper dept. present a plan to rejuvenate City Council Chamber in month of July including painting walls, replacing shades and sanding wood floors.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy commented that the best time of year to do renovations would be July and that it should get done before it cannot be repaired. Manager noted there has been some movement on the matter in terms of painting and shades and he would continue to work on it. C. Lorrey noted that outside sources could do the work. C. Mercier commented the Lands and Building Department should handle the matter. By C. Leahy – “Req. City Mgr. have DPW present a comprehensive street sweeping plan including current operations utilizing the small vacuum trucks.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy commented that a plan should be in place for designated time and areas so that businesses would know when it was to be done. Manager noted they have expanded the plan beyond downtown and he will prepare report. By C. Elliott – “Req. City Mgr. provide report on the status of trees cut down on property adjacent to Walgreens/Rourke Bridge.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott noted report from Henri Marchand (Asst. City Manager) and stated he still had many questions and concerns as about 12 trees were clear cut. Manager noted that it was State owned land and there was not much that could be done. C. Leahy commented that there is an expectation that the developer would do a 1 good job in the area. C. Kennedy suggested that a letter be sent to Walgreens to replace the trees. By C. Elliott – “Req. City Council have the Mayor present retiring LRWU employee Jake Davis, with a citation thanking him for his 22 years of service.” In Council, seconded by C. Kennedy, read and referred to the Mayor. So voted. C. Elliott noted that Mr. Davis was a long service employee and noted citation had been sent but perhaps in future the individual could be invited to meeting. C. Lorrey commented that he has a motion requesting an event be held to recognize retirees. C. Leahy commented that such an event was held by the School Committee. Manager commented that such an event is in the plans. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) (Continued from February 5, 2013) Ordinance - Amend Zoning by Amending Various Sections (Medical Marijuana Treatment Center). In Council, Given 2nd Reading and hearing continued. None speaking in favor. Taya Dixon Mullane spoke in opposition stating it was premature to be voting on the matter. Hearing closed. Motion by C. Nuon, seconded by C. Lorrey “To waive the full reading”. So voted. Motion by C. Kennedy, seconded by C. Lorrey “To refer matter to Zoning Subcommittee”. So voted. C. Mercier noted she would have to review a map to get exact locations. Adam Baacke (DPD) outlined the regulations that will come from Department of Public Health and the zoning implications. C. Mendonca commented on the set number of facilities in the County and local community. C. Kennedy commented on the number to be allowed. C. Nuon noted it was proper to refer to Zoning Subcommittee. C. Lorrey noted there would be a price to pay if no action were taken. Solicitor O’Connor outlined the reasoning City should act on the matter. Ordinance - Amend Zoning 228 Plain Street. In Council, Hearing continued. Motion by C. Lorrey, seconded by C. Leahy “To waive the full reading”. So voted. Mayor Murphy read a request by the Petitioner to with draw the petition without prejudice. C. Mercier was pleased to see the request as she noted that there were some communication gaps in the process. Motion by C. Mercier, seconded by C. Nuon “To allow withdrawal of petition without prejudice”. 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. Lorrey, seconded by C. Leahy. So voted. C. Kennedy recognized the administration and different departments for the outstanding job done with the winter storm. C. Mercier noted that it was an excellent job done with the snow. C. Nuon recognized job well done by the administration and that City should strive for improvements in clearing side streets. C. Lorrey thanked all the workers for the sacrifices they made for the effort. Manager agreed with the effort of the crews and noted they will always strive for improvement and commented that the effort was aided by the new equipment approved by the Council. C. Leahy commented he was impressed with the communication from the administration and the ability of the new equipment. 2  VERBAL MOTION OF 01/15/2013 BY COUNCILOR ELLIOT “Request working with the state to have a ceremony when last piece of steel is installed on new Richard Howe Bridge” No comments. COUNCIL MOTION OF 2/5/13 BY COUNCILOR LORREY: “Req. City Mgr. prepare a report for Council regarding estimated costs and preparedness plan for two (primary and general) upcoming Senate special elections.” C. Lorrey recognized the report and noted the expenses associated with the elections and changes in the voting districts. C. Nuon questioned the training in place. Solicitor O’Connor noted the training with staff and poll workers, the issuance of manuals and ballot machine manufacturer will be available on election day for any problems. INFORMATIONAL Report—Citizen petition to repave Fulton Street. No comments. Communication - Reappoint Kerry Hall (Board of Health). In Council, Read Motion by C. Mercier, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. 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. Mendonca, seconded by C. Mercier. Adopted on roll call vote 9 yeas. So voted. Communication - Reappoint Ryan P. Gilday, Esq. (Pollard Memorial Library Board of Trustees). In Council, Read Motion by C. Kennedy, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. Loan Order - Capital Improvement Bonds – to borrow $2,000,000 for the purpose of financing the purchase and installation of parking kiosks. In Council, Motion by C. Lorrey, seconded by C. Kennedy “To Waive Full Reading”. So voted. Given 1st Reading, Motion by C. Kennedy, seconded by C. Mercier “To refer to public hearing on February 26, 2013 at 7 PM.” So voted. C. Mercier questioned the loan amount. Manager noted there were some issues with current kiosks and that new kiosks would be needed for better management of parking. C. Lorrey noted the benefit of the new kiosks. C. Kennedy commented it goes to a public hearing and requested information on the loan plan before the meeting. Manager noted the loan would enable better management of the parking enterprise and that the payback on the matter is 2 to 3 years. C. Elliott questioned the parking rates and was informed by Manager that there is no plan to increase them at this time. C. Elliott questioned the issues with existing kiosks and Manager outlined those issues. C. Martin requested map to locate where the new kiosks will be and if they are new to that area. C. Mendonca questioned how the money would be used. Manager stated money would go to kiosks and the lining of the parking spots. C. Mendonca noted language in the body of the loan order may need adjustment. 3 REPORTS (Sub/Committee, if any) Public Safety SC February 12, 2013. In Council, Motion by C. Lorrey, seconded by C. Mendonca “To accept the report as a report of progress”. So voted. C. Martin outlined meeting and those who attended. He noted the implementation of the new ordinance regarding inspections of rental units in the City and that data should be forthcoming as more inspections are done. C. Mendonca commented that Finance Subcommittee may meet February 19 to review the Personnel Ordinance. C. Elliott noted he could not attend that meeting. Wire Insp. - National Grid for underground electric conduit at 297 Market Street. In Council, Motion C. Lorrey, seconded by C. Martin “To accept and adopt the accompanying order”. So voted. MOTIONS By C. Lorrey – “Req. City Mgr. request proper department explore another location for the human dog sled racing event at Winterfest.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey noted that the move will help the business at Arcand Drive. C. Mercier noted a prior motion was made to protect against the issue. Manager commented that the event has been moved and course has been shortened. By C. Leahy – “Req. City Mgr. send letter on behalf of City Council inviting the Lowell Plan to work with Council and School Committee regarding improvements to the science labs at Lowell High School.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy noted it had been done by School Committee and that they should be reengaged. By C. Leahy – “Req. City Mgr. extend invitation to the Lowell Plan to attend an Economic Development SC to explore a strategy in conjunction with UMass Lowell to recruit research facilities to locate their businesses in the City.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy commented that with UMass Lowell research expansion there must be a draw to get research companies to locate in Lowell. Manager noted there is constant work with UMass Lowell for any spin off business and that they would continue to work with the Lowell Plan in developing business in the City. C. Lorrey commented on new UML robotics center opening. By C. Kennedy – “Req. City Mgr. work with Supt. of Schools and School Department, to develop a pilot program for Summer of 2013 aimed at hiring Lowell youths to perform maintenance jobs in school buildings.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Kennedy outlined the origination of the idea to enable young people to get jobs working on small punch list items in the schools. C. Lorrey noted it was a good program for summer jobs for children. C. Leahy noted that there is a lot of work to be done in the schools. By C. Nuon – “Req. City Mgr. when working with non-profit organizations and any company/business receiving a tax break from the City of Lowell to ask them to give 4 Lowell based businesses the opportunity to bid any work, services and or supplies.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Nuon commented that these entities should be willing to give back to City for the benefits they receive. By C. Nuon – “Req. City Mgr. work with HR Dept. to develop a policy regarding hiring and promotion to help give Lowellians greater access to City jobs.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Noun noted that residency should be a factor in the hiring and promotion process as the citizens are invested in the community. By C. Nuon – “Req. City Mgr. request Supt. of Police develop a public service tutorial on the City’s website or public television regarding how to protect your personal property from theft.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Noun noted that information is important to citizens. C. Leahy commented that they would coincide with inspection and code tutorials. By C. Nuon – “Req. Mayor send a letter on behalf of the City Council to Congresswoman Niki Tsongas expressing concern relative to adverse impact of the postal service elimination of Saturday mail on the Lowell community.” In Council, seconded by C. Lorrey, read and referred to the Mayor. So voted 8 yeas, 1 nay (C. Mendonca). C. Noun noted concern of businesses affected by elimination of Saturday delivery of mail. C. Lorrey commented on the reduction of service. C. Mendonca commented should not be involved in a Federal affair especially one with a huge deficit. By C. Nuon – “Req. Mayor on behalf of City Council and City of Lowell send letter of condolence to the family of Michael Dubois.” In Council, seconded by C. Mercier, read and referred to the Mayor. So voted. C. Nuon commented that he felt it was important to further recognize the loss of Mr. Dubois. Mayor Murphy relinquished chair to Vice-Chair Mendonca at 8:10 PM until adjournment of meeting. By M. Murphy – “Req. City Mgr. include in legislative agenda support for Governor’s local aid formula proposal to incentivize strong fiscal and performance management.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. M. Murphy noted it was part of Governor’s budget that Cities would be rewarded for proper fiscal oversight and responsibility. C. Kennedy applauded the motion and noted other States have been doing similar programs and noted only applied going forward. By M. Murphy/C. Nuon – “Req. City Mgr. add bigger swings to the set at Armory Park.” In Council, read and referred to the Manager. So voted. Mayor Murphy commented it was requested by an 8 year old constituent and he was abiding by her request. Motion to Adjourn by C. Lorrey, seconded by C. Martin. So voted. 5 Adjourn at 8:15 PM. Michael Q. Geary City Clerk 6