City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY MARCH 26, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 8 present, 1 absent (M. Murphy). Vice Chair Mendonca Presiding. CITY CLERK Minutes of City Council Meeting March 12th, Public Safety SC March 12th for acceptance. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Leahy. So voted. Motion To Suspend Rules to take item #10 out of order by C. Leahy, seconded by C. Mercier. So voted. Vote - Approve Statement of Interest submitted by Supt. to Mass School Building Authority (MSBA). In Council, Read twice and Motion “to adopt” by C. Leahy, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Please note following language of vote: “Having convened in an open meeting on Tuesday March 26, 2013, the City Council of the City of Lowell, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated March 15, 2013 for Lowell High School located at 50 Father Morissette Boulevard which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future under Priority 5, Replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility, pertaining to deficiencies in roofs and HVAC systems as well as under Priority 7, Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements, pertaining to the renovation of science classroom/laboratory facilities; and hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City/Town/Regional School District to filing an application for funding with the Massachusetts School Building Authority.” Motion To Suspend Rules to discuss pending legislation by C. Kennedy, seconded by C. Leahy. So voted. C. Kennedy commented that there would be public input at State House regarding home rule petition concerning increasing the number of members to 1 Lowell License Commission and requested Law Department prepare and send letter to support legislation. Motion To Suspend Rules to take item #22 out of order by C. Lorrey, seconded by C. Nuon. So voted. By C. Lorrey – “Req. City Council adopt resolution relating to supporting the rights of workers to organize and bargain collectively.” In Council, seconded by C. Mercier, read and referred to the Law Department to draft resolution. So voted. Don Mackeria, registered speaker and Lowell resident, noted the union membership and the needs of the union. Steve Looney, registered speaker and Lowell resident, outlined union benefits. Peter Maina, registered speaker and Lowell resident, commented on how union membership provides stability in employment and would benefit children in need of social services. Monti Meuller, union organizer, commented on how unions bring stability to the workforce. C. Lorrey supports the rights of the workers. Motion To Suspend Rules to allow Superintendent Lavallee of the LPD to address Council regarding his retirement by C. Mercier, seconded by C. Lorrey. So voted. Supt. Lavallee thanked Council for their support of him and the department throughout the years and commented that the Council should stay involved with the department. There was a video presentation of Manager Lynch thanking the Superintendent for his services. Resolution - Support House Bill 2945, Double Utility Poles. In Council, Read twice and Motion “to adopt” by C. Leahy, seconded by C. Nuon. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Quarterly Traffic. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Nuon “To waive the full reading”. So voted. Motion by C. Mercier, seconded by C. Elliott “To Adopt”. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. CITY MANAGER Communication - From City Manager Responses to City Council Motions and Requests. In Council, read, accepted and placed on file with the exception of Item G of communications which is delayed one week for return of City Manager by Motion of C. Mercier, seconded by C. Kennedy. So voted. UPDATE TO COUNCIL MOTION OF 10/09/12 BY COUNCILOR ELLIOTT: “Request manager have the proper department develop a plan for stop signs or other traffic calming measures in the neighborhood of Fifth Avenue and Mt. Grove Street” C. Elliott noted recommendations in the report of Adam Baacke (DPD)(Acting City Manager). Mr. Baacke commented on report noting it was a request to lessen traffic at lowest costs and commented further that the traffic engineer highlighted some challenges in the area for traffic control and would 2  probably be best to have area remain same. C. Elliott noted his concern was speed in the area. COUNCIL MOTION OF 2/26/13 BY COUNCILOR NUON: “Request the City Manager provide inventory of all City-owned land and City- owned property.” C. Nuon thanked Mr. Baacke for the report and requested a further breakdown of surplus property ready for development. COUNCIL MOTION OF 11/20/12 by C. Lorrey: “Req. City Mgr. have discussion with Superintendent of Schools regarding the possibility of combining summer programs.” C. Lorrey noted the report and all of the areas that will be available this summer. Tom Bellegarde (Parks) noted the expansion of summer workers. C. Lorrey commented on the increase in workers and expansion of programs for the summer. COUNCIL MOTION OF 3/5/13 BY COUNCILOR ELLIOTT: “Req. City Council discuss placing meters in taxi cabs.” C. Elliott commented on the report. Henri Marchand (Asst. City Manager) outlined recent meeting of the taxi commission and that they were moving forward with information they are gathering. Mr. Marchand noted a vacancy on the commission and the steps to filling it. C. Elliott requested what it would cost to put ad in local paper. COUNCIL MOTION OF 2/26/13 BY COUNCILOR LEAHY: “Request the City Manager prepare a report concerning the removal of trash from the downtown area.” C. Leahy commented on the report of the DPW concerning the number of barrels and trash around those barrels. C. Leahy noted there should be a look at costs and the positions of the barrels. C. Lorrey commented on barrels in the Jackson Street area. Mr. Baacke outlined the issue with those barrels being used for residential trash and were working on plan to return the barrels. COUNCIL MOTION OF 2/19/2013 BY COUNCILOR NUON: “Reg. the City Manager report to the City Council the number of estimated retirements of Police Officers and Firefighters for the next 5 years.” C. Nuon commented on report and reviewed numbers and spoke of growth with diversity. COUNCIL MOTION OF 1/15/13 BY COUNCILOR MENDONCA: “Req. City Mgr. provide a plan to address “Unacceptable Streets”; naming the streets and mileage to be addressed in the current FY and each of the next 5 fiscal years.” C. Leahy commented on report of DPW with the procedures to accept streets and improve them and requested more information. Vice Chair Mendonca requested matter be delayed one week so to discuss with City Manager. Motion to delay one week by C. Leahy, seconded by C. Kennedy. So voted. Informational Law Enforcement Trust Quarterly Report. No comments. 3  Development Services Update. No comments. FY 2013/2014 Annual Action Plan. No comments. Parking. No comments. Vacation Notice. No comments. Vote - Execute Amendment to Access License Agreement re property at 1 and 9 Kyan St. In Council, Read twice and Motion “to adopt” by C. Kennedy, seconded by C. Mercier. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Motion To Suspend Rules to take item #7 and #8 out of order by C. Elliott, seconded by C. Mercier. So voted. Communication - From City Manager, Appointment of Providencia de Leon to Lowell Commission on Disability. In Council, Read Motion by C. Elliott, seconded by C. Mercier “To approve”. Approved on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Appointee was present and thanked Council and the Commission for the opportunity to serve. Communication - From City Manager, Re-Appointment of Michael Keiley to the Animal Advisory Committee. In Council, Read Motion by C. Kennedy, seconded by C. Lorrey “To approve”. Substitute Motion by C. Kennedy, seconded by C. Mercier to delay one week before action is taken. So voted. C. Elliott questioned if the appointee lived in the City. C. Lorrey noted the appointment was based on the appointee’s work with animals. C. Kennedy noted it was worth the wait of one week to see reasoning of the Manager. C. Nuon commented there was no harm in delaying it one week. C. Elliott requested information as appointees on the committee are not from Lowell and there should be clarity with the ordinance creating the committee. City Solicitor O’Connor outlined the ordinance and noted that the members would not have to be residents of the City and that she would provide report. Vote - Endorse Comprehensive Master Plan and Sustainability Plan. In Council, Read twice and Motion “to adopt” by C. Lorrey, seconded by C. Nuon. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Mr. Baacke reported on the plan and thanked all involved for their commitment. Mr. Baacke outlined purpose of the plan and the use of the plan. Mr. Baacke noted the planning board approved the plan and that it was before the Council for their support. Richard Howe, Jr., registered speaker and Lowell resident, supported adopting the plan because it involved a wide array of people and the plan was an excellent tool. C. Lorrey thanked administration for the work and the citizens involved as well. C. Martin complimented the staff and the resident involvement noting the emphasis in the plan on economic growth and capitalization on the City’s strengths. C. Nuon noted inclusion of all communities. C. Kennedy commented that the plan is a marketing tool for the pursuit of grant money. Vote - Transfer $132,500 (Parks and Cemetery). In Council, Read twice and Motion “to adopt” by C. Kennedy, seconded by C. Mercier. Adopted on roll call vote 7 yeas, 2 absent (M. Murphy, C. Nuon). So voted. C. Martin supported the transfer and questioned why not included with budget. Tom Moses (CFO) noted it was necessary to spend reserves in this fashion. C. Leahy questioned the temporary help and how they are 4 brought on. Mr. Moses noted they are all individuals. Mr. Bellegarde outlined the procedure for hiring. C. Leahy was informed that Cawley Stadium was included in the parks to be worked on and further commented that the City should reach out to different groups using parks to volunteer with some cleanup. C. Elliott noted the procedures for volunteering for work. Communication - Notification that City Manager on vacation (3/22-3/31) and designate Adam Baacke to act on his behalf during that time and to attend the City Council Meeting on 3/26/13. In Council, read, accepted and placed on file as well as roll call to adopt by Motion of C. Mercier, seconded by C. Lorrey. So voted. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Communication - From City Manager, Request approval of Out of State Travel (1) DPD. In Council, Read Motion by C. Kennedy, seconded by C. Lorrey “To approve”. Approved on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. GENERAL PETITIONS Claims (7) claims for property damage. In Council, Motion by C. Kennedy, seconded by C. Mercier, “To refer to Law Department for report and recommendation.” So voted. Misc. – Dave Del Pozzo, Instant Wireless & Instant Tax Serv./Dan Chasse Colden Properties(Landlord) 286 W. 6th St. request (2) 15 Minute Parking Spots between 286 and 288 W. 6th St. In Council, Motion by C. Leahy, seconded by C. Elliott, “To refer to Traffic Engineer.” So voted. C. Elliott noted the petition contained an allegation of an illegal car rental establishment in the area and requested that be investigated. MOTIONS By C. Leahy – “Req. City Mgr. have proper department prepare a report regarding business outreach programs for existing businesses, particularly in the downtown.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Leahy noted he was just looking for information on outreach programs being done with businesses. By C. Leahy – “Req. City Council review Dumpster Ordinance for reconsideration.” In Council, seconded by C. Mercier, read and referred to the City Manager for report and recommendation by Motion of C. Martin, seconded by Leahy. So voted. C. Leahy made note that the ordinance calls for dumpsters to be enclosed on four sides which is difficult during bad weather. C. Lorrey noted he has spoken to inspectors and department heads who agreed to some changes in the ordinance. By C. Leahy – “Req. City Mgr. provide a link to neighborhood group organizations through the City website.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Leahy requested groups be able to be contacted through website link. Mr. Baacke noted that the information is on the website but difficult to obtain and they are working to make it more visible. C. Kennedy questioned when the new website 5 will be on line. Mr. Moses noted he thought June 30 but will check. C. Elliott commented on MIS director statement is would be up shortly. By C. Kennedy – “Req. City Mgr. provide a report regarding the policies and availability of employee parking around City Hall and Arcand Drive.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Kennedy noted that the needs of the employees should be recognized and that policies should be set up so that all may understand. C. Kennedy noted the continuing issue of kiosks taking credit cards and if the City is getting more kiosks the focus should be on making them user friendly. C. Elliott was not aware of any historical practice of using those spots on Arcand Drive and that if kiosks are not being used they should not be purchased. C. Lorrey commented on parking on Middlesex Street near registry of motor vehicles. Mr. Baacke commented the objective is for long term parking in the garages and shorter term on the street. By C. Mercier – “Req. City Mgr. have proper department put a loading zone sign in front of 240 Jackson Street.” In Council, seconded by C. Noun, read and referred to the Manager. So voted. C. Mercier noted that item #21 should be taken up at same time as well and noted that she requested loading zone because non-residents could take up resident only parking. By C. Lorrey – “Req. City Mgr. have the proper department review installing one 30 minute parking space for “Residents Only” in front of 240 Jackson Street.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Lorrey noted a loading zone could be for anyone and he requested for residents only. Motion by C. Mercier, seconded by C. Lorrey to refer both matters to the Traffic Engineer. So voted. Mr. Baacke noted his staff has been working with the residents in the area on the issues. C. Mercier commented that language such as “resident drop off” would suffice. By C. Lorrey – “Req. City Mgr. have proper department replace the veterans sign on Humphrey St. for Mr. Bonin.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Lorrey noted sign was in need of replacement. By C. Lorrey – “Req. City Mgr. find a suitable location in City for bocci court and shuffleboard surface.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey noted the need for recreation. By C. Elliott – “Req. City Mgr. bring any auditorium management contract to the LMA Board of Trustees for approval prior to any contract coming to the City Council.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott noted that the trustees had no involvement in the matter and that the RFP states that they should be involved because they have a lot of knowledge with the building and the operation. Mr. Baacke commented he agrees with motion and noted that the trustees have been involved along with the City law department. C. Lorrey noted it is important that the trustee be involved and questioned if the trustees did not support the contract. Solicitor O’Connor commented that would be avoided because of the involvement of the trustees in the entire process and noted manager has final approval. C. Martin indicated that past contracts have been approved by the trustees. C. Kennedy commented it could 6 be an eight year contract so that trustees must be a part of it and that voting on contract and participating with structuring it are two different things. C. Kennedy noted that the first order should be to get a full board of trustees and that he would not support any contract not supported by trustees. C. Leahy noted it was an important contract and that he would look for guidance from the trustees so there should be a full board on for the matter. C. Mercier supports motion and noted she would support if trustees support. By C. Elliott – “Req. City Mgr. provide an update on process to bring on new company to manage the auditorium.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott noted his concern with the timing of the contract and that it should be done well in advance of the existing contract expiring. Mr. Baacke noted that there has been discussions with vendors and trustees and they are moving forward with agreement in next week. C. Leahy questioned the votes concerning union contracts and was informed that they would be on agenda next week upon Manager’s return. C. Kennedy noted he believed it was better practice to roll all matters on agenda to next meeting in those circumstances. Motion to Adjourn by C. Kennedy, seconded by C. Martin. So voted. Adjourn at 9:00 PM. Michael Q. Geary City Clerk 7