City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY FEBRUARY 19, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. (C. Elliott arrived at 6:35 PM) Mayor Murphy Presiding. CITY CLERK Minutes of City Council Meeting February 5th, Finance SC February 5th, Joint Municipal Facilities SC February 6th, City Council Meeting February 12th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Mendonca. So voted. Motion to Suspend Rules to take item #5 out of order by C. Mercier, seconded by C. Lorrey. So voted. Communication - Appointment Michael Dinneen (Lowell Memorial Auditorium Board). In Council, Read Motion by C. Kennedy, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. C. Mendonca disclosed that he serves on a board with Mr. Dinneen. Manager Lynch outlined the candidate and his qualifications and experience. Mr. Dinneen was present and addressed the Council. 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. Kennedy, seconded by C. Mendonca. So voted. COUNCIL MOTION OF 01/2/5/13 BY COUNCILOR LEAHY: “Req. City Mgr. have DPW present a comprehensive street sweeping plan including current operations utilizing the small vacuum trucks” No comments. COUNCIL MOTION OF 1/22/13 BY COUNCILOR ELLIOTT: “Req. City Mgr. provide an update on whether the city has brought on a company to handle non-fire signals.” C. Elliott commented on report and that he was pleased a vendor was in place but questioned the length of time needed to do that. Manager noted that they were exploring different options and costs as well as logistics and that the City will move forward with vendor and collection of fees. C. Elliott commented that matter should have been done with proper bidding and that it costs taxpayers money for the delay. Manager outlined the procedure used in the process. C. Nuon was pleased with local company getting the bid. COUNCIL MOTION OF 2/12/13 BY COUNCILOR ELLIOTT: 1  “Req. City Mgr. provide report on the status of trees cut down on property adjacent to Walgreens/Rourke Bridge.” C. Leahy noted that the cleanup of the area was not done well. COUNCIL MOTION OF 11/22/13 BY COUNCILOR LORREY: “Req. City Mgr. expand the existing skating rink in Pawtucketville to approximately 180 feet.” and “Req. City Mgr. explore an area for a skating rink in the downtown area.” C. Lorrey noted that the rink was only open for short hours and asked that more information regarding use be looked at after the rink is open longer. C. Kennedy questioned why the hours were so short for the rink. Manager agreed that there should be longer hours for the rink to be open. COUNCIL MOTION OF 1/29/13 BY COUNCILOR LORREY: “Req. City Mgr. have proper dept. explore possibility of placing street lights at Christian and First Streets and at Rogers and Knapp Ave.” No comments. VERBAL MOTION OF 10/16/12 BY COUNCILOR LORREY: Request for additional information on having LPD confiscate UMass Lowell student IDs when responding to disturbances. C. Lorrey noted program will be helpful to the City. UPDATE TO COUNCIL MOTION OF 11/6/12 BY COUNCILOR LORREY: Request the City Manager contact owners of the Prince Macaroni Bridge on Gorham Street regarding repairs and safeguards, including notification to GPS system, preventing larger vehicles from striking bridge. C. Lorrey noted a new and improved sign will be placed on the location. COUNCIL MOTION OF 2/12/13 BY COUNCILOR MENDONCA: “Req. City Mgr. identify a park location where Cricket field could be established.” C. Mendonca commented on report and noted that there is not a City field large enough to house a Cricket match. COUNCIL MOTION OF 2/12/13 BY COUNCILOR MENDONCA: “Req. City Mgr. provide an update on the transition to the new Residential Reserved Parking program.” C. Mendonca commented that data can established just how many permits were not needed. COUNCIL MOTION OF 2/12/13 BY COUNCILOR LORREY: “Req. City Mgr. request proper department explore another location for the human dog sled racing event at WinterFest.” C. Lorrey noted the measure will be helpful to the businesses on Arcand Drive. COUNCIL MOTION OF 2/12/13 BY COUNCILOR 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 2  give Lowell bases businesses the opportunity to bid any work, services or other supplies.” No comments. COUNCIL MOTION OF 2/12/13 BY COUNCILORS MURPHY AND NUON “Req. City Mgr. add bigger swings to the set at Armory Park.” C. Noun commented on report and thanked administration for addressing the matter. COUNCIL MOTION OF 01/29/13 BY COUNCILOR LORREY: “Req. City Mgr. have proper dept. by using the latest data regarding motor vehicle accidents in the City request the proper authority reduce the motor vehicle insurance costs to the citizens of the City.” C. Lorrey noted that the letter was important in terms of setting a fair rate. C. Nuon noted fewer accidents in the City should lower the rate. COUNCIL MOTION OF 01/22/13 BY COUNCILOR NUON: “Req. City Mgr. report on legislation requiring utilities to remove “Double” poles within 90 days.” C. Noun noted letter should help in clearing up double pole issue. COUNCIL MOTION OF 01/15/13 BY COUNCILOR NUON: “Req. City Mgr. prepare updated list of capital improvements for 2013 and 2014.” C. Nuon commented on updated versions of the plan. C. Martin confirmed that the Capital Plan be presented outside of the budget and before the budget. COUNCIL MOTION OF 1/8/13 BY COUNCILOR 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.” C. Lorrey noted police were in the schools outlining procedures. C. Leahy noted that school safety booklet should be updated. COUNCIL MOTION OF 1/8/13 BY COUNCILOR LORREY: “Req. City Mgr. have Lowell Police Dept. prepare a report regarding the incident in December at Brian’s Ivy Hall.” C. Lorrey commented that downtown should be promoted and that action should be taken to protect downtown from negative actions. COUNCIL MOTION OF 11/20/12 BY COUNCILOR LEAHY: “Req. City Mgr. discuss with School Department regarding having no school in session on election days.” C. Leahy commented on the report and requested status. City Solicitor O’Connor commented that she is working with the Superintendent of Schools on the closing issue and that it may be best scenario if schools closed during elections. C. Mercier noted that the schools should just work around the elections and remain open. C. Lorrey commented that closing schools will amount to a lot of problems for parents. COUNCIL MOTION OF 11/13/12 BY COUNCILOR NUON: 3  “Req. City Mgr. have proper department prepare a report regarding voter turnout at the latest election along with a review of procedures and any proposed changes for future elections.” C. Noun recognized City Solicitor O’Connor for her work on the report. COUNCIL MOTION OF 11/13/12 BY COUNCILOR KENNEDY: “Req. City Mgr. prepare a report that reviews the most recent election operations and make recommendation regarding staffing and training of election office and poll workers and how to eliminate any problems that may how occurred.” C. Elliott commented on report and noted improvements needed in areas of communication and poll workers. City Solicitor O’Connor noted there are simple fixes and commented on use of text and cell phone including setting up a phone bank in the City on election day. Solicitor commented on increase poll workers and their training as well as looking at different polling locations. C. Elliott questioned the destruction of census forms. Solicitor commented she did not know why the forms were destroyed but there are new forms going out this year. C. Kennedy noted that the report was part of a series and that he would be looking for more concrete procedures put in place as the City will be handling several elections this year. C. Kennedy questioned the staffing in the department. COUNCIL MOTION OF 11/20/12 BY COUNCILOR ELLIOTT: “Req. City Council discuss gun buyback program and determine if funding from Law Enforcement Trust Funds can be used.” C. Mercier noted the buyback to be held in April. COUNCIL MOTION OF 11/13/12 COUNCILOR NUON: “Req. City Mgr. request our State House Representatives and Senator be involved with the final drafting of language for Mass. Ballot Question #3” (Request for status report on regulation promulgation.) No comments. COUNCIL MOTION OF 11/06/12 COUNCILOR LORREY: “Req. City Mgr. contact police department regarding feasibility of developing a self-defense program for women.” C. Lorrey noted the program was up and running at Lowell High School. COUNCIL MOTION OF 9/11/12 BY COUNCILOR MURPHY: “Req. City Mgr. and City Council develop capital investment policy to adopt with annual budget, and further explore capital fund to leverage with other sources on smaller projects.” No comments. COUNCIL MOTION OF 8/14/12 BY COUNCILOR LORREY: “Req. Mgr. have the police department look into the cost of replacing the police mobile unit.” C. Lorrey noted that the item will be part of the updated Capital Plan. COUNCIL MOTION OF 1/22/13 BY COUNCILOR NUON: 4  “Req. City Mgr. provide an update regarding Regional 911 Program.” No comments. INFORMATIONAL Copy of correspondence to delegation regarding Bridge Street and VFW Highway intersection improvement project. C. Leahy questioned what more could be done on this intersection. Manager commented that the City is still working on different options regarding the intersection. Report that DHCD has awarded funding to the Counting House Lofts project on Jackson Street, enabling that mill renovation to proceed with construction later this year. No comments Report that that UML has issued the developer solicitation for the lots next to the Tsongas Arena. C. Mercier noted the redevelopment was a good idea for that area. Update on the net metering contract. C. Leahy noted the work of Mr. Vaughn (Purchasing) in the area. Follow up on proposed new License Commission rules and regulations. C. Mercier applauded the job done by the Commission and City Solicitor and noted that Club Fees are involved with the discussion. Letter from Lowell Citywide Neighborhood Council regarding marijuana clinics. No comments. Communication - From City Manager, Request approval Out of State Travel (3) Police, (1) Career Center. In Council, Read Motion by C. Mercier, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. Communication - Reappoint Debra Grossman (Lowell Historic Board). In Council, Read Motion by C. Lorrey, seconded by C. Martin “To approve”. Approved on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Rules SC - February 19, 2013. In Council, Motion by C. Mendonca, seconded by C. Lorrey “To accept the report as a report of progress”. So voted. C. Kennedy gave report and outlined meeting. He noted that communication among the body will help with any open meeting law issues. He noted that the City Solicitor will be forwarding copies of the law and regulations to the members. GENERAL PETITIONS Claims (1) claim for property damage. In Council, Motion by C. Mercier, seconded by C. Lorrey “To refer to Law Dept. for report and recommendation”. So voted. 5 MOTIONS By C. Mercier/C. Elliott – “Req. the Mayor prepare a citation to the Pawtucketville Citizens Council in honor of their 40 yr. anniversary of dedicated service to the neighborhood as well as present the citation to them on Tuesday March 5th’s meeting.” In Council, read and referred to the Manager. So voted. C. Mercier recognized all groups but noted this one has been there the longest. C. Elliott commented that it has been forty years and it can be a thankless job but the group is effective. By C. Lorrey – “Req. the City Manager have the Inspectional Services Dept. and Treasurer’s Dept. develop a system of sharing information regarding unpaid tax bills.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Lorrey noted the exchange of information between the departments should streamline the permit process. By C. Nuon – “Req. the City Manager provide statistics concerning homeowners vs. rentals; the number of owner occupied housing vs. non-owner occupied and further, breakdown the data by the number of units.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Nuon commented the information will provide a better understanding of the number of rental units being inspected. C. Leahy noted that prior reports indicated the number of units in the City. C. Kennedy commented the information came from the census report. By C. Nuon – “Req. the Election Commission consider proactive measures that might remove inactive voting status from the voter list before Election Day to avoid long lines at the polls.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Nuon commented the City Solicitor should address issues to avoid problems. City Solicitor noted the inactive voter lists has been corrected. By C. Nuon – “Req. the City Manager report to the City Council the number of estimated retirements of Police Officers and Fire Fighters for the next 5 years.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Nuon noted motion speaks for itself. By C. Nuon – “Req. the City Manager prepare report on costs on latest snow storm (Nemo) and any future recommendations regarding snow removal.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Nuon requested the costs and future recommendations for improvements. C. Leahy commented on downtown businesses assisting in the removal of snow. 14. By C. Elliott – “Req. the City Manager provide additional information on the Parking Kiosks.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott commented that more information is needed before public hearing on a loan order so that proper information can be in front of Council before vote. Manager noted the procedure has been done this way many times before but he will do as the Council wishes. C. Elliott commented information is helpful and he wants to know the number of kiosks that were not working properly. C. Kennedy commented he had a lot 6 of questions with the loan and the types of kiosks and that basic questions needed to be answered. Manager commented he informed members that information would be provided at the public hearing. Motion to Suspend Rules to take notice Lowell High School Indoor Track Team by C. Elliott, seconded by C. Mercier. So voted. C. Lorrey recognized the LHS Indoor Track Team as State champions and that they would be recognized next week at a reception before Council meeting. Motion to Adjourn by C. Kennedy, seconded by C. Lorrey. So voted. Adjourn at 7:46 PM. Michael Q. Geary City Clerk 7