City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY MARCH 5, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for following individuals: Milakay Sah; Mary Muldoon; and Mugardish “Sony” Kazanjian. MAYOR Citation - 40th Anniversary of the Pawtucketville Citizens Council. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Mendonca. So voted. Mayor Murphy read the citation and presented to its President, Deb Forgione. Ms. Forgione thanked the Council and introduced Angelina Kizmarski an original founder of the organization and her daughter Karen. Karen Kizmarski thanked the Council on behalf of her family. C. Mercier recognized the organization and their efforts. C. Elliott recognized the group for their hard work throughout the years. C. Mendonca recognized former members and noted that there were a lot of people involved. Communication - Ghanian Community of Greater Lowell will address the Council to invite them to their upcoming Independence Day celebration. In Council, read, accepted and placed on file by Motion of C. Nuon, seconded by C. Mercier. So voted. Mayor Murphy noted the members could not attend the meeting and informed the body that there would be a flag raising for the community this weekend. CITY CLERK Minutes of City Council Meeting February 26th, City Council Special Meeting (City Manager) February 26th for acceptance. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Mendonca. So voted. Motion to Suspend Rules to take item #29 and #9 out of order by C. Lorrey, seconded by C. Kennedy. So voted. By C. Lorrey – “Req. City Council adopt resolution relating to maintaining Verizon Repair Center and Innovative Technology jobs in Massachusetts and reconsider moving jobs out of Commonwealth.” In Council, seconded by C. Mercier, read and referred to the Law Department to draft resolution. So voted. C. Lorrey recognized that there were registered speakers regarding this motion. Mr. Jeff Wilson, Lowell resident, noted he was a 26 year employee of Verizon and spoke in favor of the resolution. Mr. Ed Starr, representative of Local IBEW 2321, was allowed to speak without objection and supported the resolution and commented that support was coming from all levels of government. Mr. Anthony Clayton, Lowell resident, noted he was a 16 year employee of 1 Verizon and supported the resolution. C. Lorrey requested that letters of support be entered into the record (see Attachment #1) and that the goal is keep jobs here. Communication - Introduction of two new Assistant City Solicitors (Kerry M. Regan, Gina M. Atwood). In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Mendonca. So voted. Ms. Regan and Ms. Atwood addressed and thanked the Council. UNFINISHED BUSINESS Loan Order - Capital Improvement Bonds – to borrow $2,000,000 for the purpose of financing the purchase and installation of parking kiosks. In Council, Read and hearing continued. No Remonstrants. Hearing closed. Motion by C. Mendonca, seconded by C. Martin “To waive the full reading”. So voted. Motion by C. Mendonca, seconded by C. Lorrey “To Adopt”. Adopted on roll call vote 8 yeas, 1 nay (C. Elliott). So voted. C. Kennedy thanked the body for the extension and commented on the Jeff Speck report regarding Father Morissette Blvd (FMB). Manager Lynch noted that the Speck Plan called for renewing FMB before investing in the area and the reason for kiosks is to better manager parking and benefit businesses as well as assist in long range financial planning. C. Kennedy commented that the loan order was for money and that there would have to be separate action to amend the parking ordinance and that he would support loan order but was uncertain if he would support amending parking ordinance. C. Kennedy noted he was not supportive of the FMB element of the vote because the continuing changes in that area. C. Elliott questioned the number of kiosks on FMB and Mr. Troup (Parking Director) outlined the plan for kiosks on FMB. C. Elliott support part of the loan order but noted the FMB changes were a safety concern for him and should be eliminated from the loan order. Motion by C. Elliott “to reduce loan amount by $172,500.00”, seconded by C. Kennedy. Defeated on Roll Call vote 2 yeas, 7 nays (C. Leahy, C. Lorrey, C. Martin, C. Mendonca, C. Mercier, M. Murphy, C. Nuon). So voted. On motion C. Mendonca noted there would be limited changes to FMB and that it calls for more parking spots and it is worth try and if there were issues it could easily be reverted. C. Lorrey noted businesses were in favor of kiosks and that there would need to be some residential element to the plan. Adam Baacke (DPD) commented on traffic reports which indicated a drastic reduction in the amount of traffic on FMB. Mr. Baacke outlined the Speck report in reference to FMB. C. Lorrey requested report regarding safety on FMB with the proposed changes. Manager noted that the traffic engineer would provide that. C. Leahy questioned the process of the loan order and if it would be less if costs were less. Manager noted that they can rescind part of loan order that did not need to be used. C. Martin opposed any reduction in the loan amount and that there would be a trial and error period when deploying the kiosks but there was a need for them in the area. C. Kennedy questioned the range of responses to the RFP and Manager informed the body it was from 1.5 Million to 1.7 Million excluding any add-ons that may be needed. C. Elliott noted that if there were issues with the FMB plan then you would be caught with extra kiosks not used and that the better approach was to do a trial with regular meters to reduce risks. C. Nuon commented on the report that outlined the reduction in traffic on the FMB. 2 GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Amend Zoning (14 and 16 Third St) - Extend NB Zone. In Council, Given 2nd Reading and hearing held. Peter Marlowe, owner of the property, spoke in favor of petition and outlined the plan by submitting map of the area (see Attachment #2). No Remonstrants. Hearing closed. Motion by C. Mendonca, seconded by C. Nuon “To waive the full reading”. So voted. Motion by C. Mercier, seconded by C. Mendonca “To Adopt”. Adopted on roll call vote 9 yeas. So voted. C. Mercier noted the Planning Board recommendation as item #8 on agenda and commented that they were in favor of the petition and that there were no objections during the Planning Board hearing. C. Lorrey thanked the petitioner for their investment in the City. C. Nuon recognized the investment in the City as well. 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. Mercier, seconded by C. Mendonca. So voted. COUNCIL MOTION OF 2/5/13 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 floors.” C. Leary noted the estimate had been revised. COUNCIL MOTION OF 1/8/2013 BY COUNCILOR LORREY: “Req. City Mgr. have proper departments explore the possibility of purchasing a snow making machine.” C. Lorrey commented that it was a good opportunity to utilize parks and should not be limited to just Shed Park and that it would increase recreational activities for people in the City. FOLLOW UP RE: COUNCIL MOTION OF 2/19/13 BY COUNCILOR 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.” No comments. MOTION OF 2.19.13 BY COUNCILOR NUON “Reg. the City Manager prepare report on costs on latest snow storm (Nemo) and any future recommendations regarding snow removal.” No comments. MOTION OF 2.26.13 BY COUNCILOR LORREY: “Req. City Mgr. prepare report for Council regarding estimate of total costs of snow removal and possible reimbursements from State or Federal agencies." C. Lorrey thanked the administration for the report. MOTION OF 2/19/13 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.” C. Lorrey thanked administration for the report. C. Leahy questioned the process of 3  going to Tax Collector for signing off for permits. CFO Moses noted that it is not time consuming but there are required signatures. Manager noted it was a cumbersome process that most communities face. C. Kennedy commented that the goal should be a user friendly department. Mr. Moses agreed with concept but noted the challenges. INFORMATIONAL Annual Census. No comments. Notice of Lowell Ascertainment Hearings (cable license renewal process). No comments. New Assistant City Solicitors Join Law Department. No comments. Motion to Suspend Rules to take item #31 out of order by C. Elliott, seconded by C. Lorrey. So voted. By C. Elliott – “Req. City Council discuss placing meters in taxi cabs.” In Council, seconded by C. Kennedy, read and referred to City Manager and Taxi Commission. So voted. Mr. Jeff Wilson, registered speaker and Lowell resident, commented on the need for meters for fair pricing protection and to prevent price gauging. Mr. Wilson commented that the taxi ordinance may have to be revamped and updated. C. Elliott noted the valid concerns of the speaker and that the Taxi Commission should address them. C. Elliott questioned members and the office located in City Hall. Manager commented he was still searching for members to be on the Commission. C. Kennedy commented that at a minimum the rates should be posted, the cabs should be clean and safe. C. Mendonca requested a report outlining the issues that have been raised. Motion to Suspend Rules to take to allow Manager to present verbal communication to Council by C. Elliott, seconded by C. Lorrey. So voted. Manager announced that Superintendent of Police Lavallee will be retiring at end of March 2013. Manager commented he would fill the position on an interim basis and move toward permanent appointment. Accepted and placed on file by Motion of C. Mercier, seconded by C. Mendonca. So voted. Communication - From City Manager, Request approval of Out of State Travel (1) Parking Dept., (3) LPD. In Council, Read Motion by C. Lorrey, seconded by C. Leahy “To approve”. Approved on roll call vote 9 yeas. So voted. Motion by C. Mercier, second by C. Lorrey “to take request all at once”. So voted. Communication - Report and Recommendation from Planning Board RE: Proposed Amendment extending the NB zoning district to include a portion of the parcel located at 14 and 16 Third Street. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Lorrey. So voted. Ordinance - Quarterly Traffic. In Council, Motion by C. Mercier, seconded by C. Mendonca “To Waive Full Reading”. So voted. Given 1st Reading, Motion by C. 4 Lorrey, seconded by C. Mercier “To refer to public hearing on March 19, 2013 at 7 PM.” So voted. Ordinance - Amend Zoning 12 Weed St. extend TMU Zone. In Council, Motion by C. Mercier seconded by C. Nuon “To waive the full reading”. So voted. Given 1st Reading. Motion by C. Kennedy, seconded by C. Lorrey “To refer to Planning Board for report and recommendation and to refer to Public Hearing on April 9, 2013 at 7 PM”. So voted. Motion to Suspend Rules to take following 5 Communications from City Manager as a single roll call by C. Kennedy, seconded by C. Lorrey. So voted. Communication - From City Manager, Re-Appointment William P. Lovely, Jr. to Conservation Commission. Communication - From City Manager, Re-Appointments Joyce Dastou and Andrew Hostetler to Council on Aging. Communication - From City Manager, Re-Appointment Jim Wilde to Lowell Historic Board. Communication - From City Manager, Re-Appointments James Cook and Adam Baacke to Industrial Development Financing Authority. Communication - From City Manager, Re-Appointment Mark Byrne to Lowell Water Board. In Council, Read Motion by C. Kennedy, seconded by C. Lorrey “To approve all 5 Communications”. Approved on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Finance SC 3/5/2013. In Council, Motion by C. Martin, seconded by C. Lorrey “To accept the report as a report of progress”. So voted. C. Mendonca issued report outlining proposed changes and referring to Manager for plan of action to amend ordinance. C. Mendonca commented the meeting was recessed to await forthcoming information from Manager. Report - Lowell Commission on Disability. In Council, Motion by C. Lorrey, seconded by C. Leahy “To accept the report as a report of progress”. So voted. C. Elliott noted three elements being brought forward were taxis, closed-captioned television and use of funds. Manager responded to the request of funds and noted that funding would be from the fines collected from handicap parking violations. Manager outline issues with the closed-captioned television and the possibility of LTC managing the program. C. Elliott requested that more information go through him as the Council representative. C. Elliott also expressed concern with the use of interpreters for meetings. GENERAL PETITIONS Claims (3) claim for property damage. In Council, Motion by C. Mercier, seconded by C. Leahy “To refer to Law Dept. for report and recommendation”. So voted. Misc. - George A. Ruiz, Request an over hanging awning sign for Maria’s Multiservice located @ 748 Lakeview Ave. Lowell, MA. In Council, Motion by C. Mercier, seconded by C. Nuon “To refer to Planning Department for report”. So voted. 5 MOTIONS By C. Kennedy – “Req. City Mgr. discuss and review any progress, initiatives, problems or other pertinent issues regarding the Water Dept.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Kennedy noted the following motions were from prior meeting with Manager that did not get addressed. C. Kennedy commented his focus would be on moral in Water Department and also a policy for scrap metal removal. Manager noted that there was an ongoing investigation in department regarding scrap metal and that there is no policy per se as Massachusetts law outlines proper procedure in which to dispose of city property and that in general employees should not steal. Manager noted that the best approach is to issue a code of conduct for employees. Manager commented that moral took a hit in the department due to investigation but it is mending. Manager commented that he was overall pleased with the department and that the Water Fund Enterprise is on solid footing. C. Kennedy noted that procedures should be in place to prevent any mishandling of scrap mental and that personnel issues are not overplayed as there has been a long going investigation in the department. C. Elliott requested a report on certifications in the department and Manager commented he would provide same. C. Elliott questioned status of person charged with intimidation of a witness from the department. Manager noted that the individual was suspended without pay pending the investigation. C. Elliott questioned the use of consultants in the department. Manager outlined the use of the consultants. By C. Kennedy – “Req. City Mgr. discuss and review any progress, initiatives, problems or other pertinent issues regarding the Parking Dept.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Kennedy requested information regarding the garages. Manager commented on the garages and the new management and security contract and the smooth transition. Manager noted revenues were up and costs down. Manager commented that there was needed work in the garages. C. Kennedy questioned the use of software in the kiosks and Manager noted that the company and employees are using the software. C. Lorrey commented on the condition of the garages and Manager informed Council that UMass Lowell was is assisting in assessing the needs of the garages. By C. Kennedy – “Req. City Mgr. discuss and review any progress, initiatives, problems or other pertinent issues regarding the Election Commission.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Kennedy questioned the staffing in the department. Manager noted that they were working on filling vacant positions and that needed to be done. Manager noted that there is always way to improve but was pleased with action of department in last election. C. Kennedy commented that there are issues to be worked out and that should be the focus. C. Mendonca commented that the State could be funding the upcoming election and requested that there be communication with the delegation to garner that funding if possible. By C. Kennedy – “Req. City Mgr. discuss and review any progress, initiatives, problems or other pertinent issues regarding the Development Services.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Kennedy outlined issues of 6 certifications, user friendliness and inspections. Manager commented on new procedures with ordinance and that will take time to iron out and he highlighted the improvements of the department throughout the year. C. Leahy commented on confusion as to payments of inspections and the amount of time it takes for inspections to be done. C. Martin commented on the staffing regarding building inspectors. Manager noted there was a full complement at this time. By C. Kennedy – “Req. City Mgr. discuss and review any progress, initiatives, problems or other pertinent issues regarding the Lowell STAT Program.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Kennedy requested written report regarding the benefit of the program. By C. Kennedy – “Req. City Mgr. discuss and review any proposals for recruiting and appointing new members or re-appointing existing members to the cities various Boards and Commissions.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Kennedy requested a more aggressive recruitment process and the City website should be more in tune with that recruitment. Manager noted problems for selection and that it is present in other communities as well. C. Lorrey commented the use of advertising. C. Elliott noted that specific advertising may be better approach. By C. Lorrey – “Req. City Mgr. have the proper department look into making Ludlam Street a One Way in its entirety.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. C. Lorrey outlined the need. By C. Lorrey – “Req. City Mgr. have the proper department replace the “No dogs allowed on playing fields” signs where needed.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Lorrey noted it was needed for preparation of Spring use. By C. Leahy – “Req. City Mgr. provide update regarding construction on the Lowell Sun building in Kearney Square.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Lorrey noted that staging has been up for a while. Manager will provide report. 32. By C. Elliott – “Req. City Mgr. provide interim plan on answering non-fire calls until private firm is in place.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott requested report for interim procedure as well as copy of contract with new vendor. Manager will provide report and noted that the procedure will be similar to what has been done in past. 7 Motion to Adjourn by C. Kennedy, seconded by C. Lorrey. So voted. Adjourn at 9:25 PM. Michael Q. Geary City Clerk Attachment #1: Letters of support. Attachment #2: Map. 8