City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY APRIL 2, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 8 present, 1 absent (M. Murphy). Vice Chair Mendonca Presiding. C. Martin requested moment of silence in darkened chamber for Edward Casey and William Vrettas. MAYOR Proclamation - To Matthew Boger from New England Organ Bank recognizing April as “Donate Life” month. In Council, read, presented to Mr. Boger who accepted the proclamation and addressed the Council. C. Lorrey commented on the new City ordinance giving leave for organ donation by employees. Resolution - Adopt resolution relating to supporting the rights of workers to organize and bargain collectively. 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. Communication in support of the Home Rule petition to expand the license commission from 3 to 5 members. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. CITY CLERK Minutes of City Council Meeting March 26th; Special Meeting (Auditor) March 26th, for acceptance. In Council, read, accepted and placed on file as amended by Motion of C. Lorrey, seconded by C. Mercier. So voted. Motion by C. Kennedy, seconded by C. Lorrey “to amend minutes of March 26th Special Meeting (Auditor) to reflect time of C. Kennedy arrival as 5:42 PM.” So voted. UNFINISHED BUSINESS Communication - From City Manager, Reappoint Michael Keiley (Animal Advisory Committee). In Council, Read Motion by C. Kennedy, seconded by C. Mercier “To approve appointment and accept and place on file the communication from City Solicitor regarding residency requirement of Animal Advisory Committee (Item #14)”. Approved on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Kennedy requested to take Item #14 up at same time. No objection. So voted. Communication - From City Solicitor regarding Residency Requirement of Animal Advisory Committee. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Mercier. So voted. C. Elliott questioned the residency of members. C. Nuon was informed of the number of residents on the committee. C. Kennedy noted there were seven members and hopes to fill vacancies with City residents. 1 Motion to Suspend Rules to take Item #29 out of order by C. Mercier, seconded by C. Nuon. So voted. By C. Mercier - “Req. City Council discuss in open session, next Tuesday, the actions of the Mayor as it pertains to his duties and conduct and take immediate action, if necessary, in the form of a vote of no confidence, as well as request the City Clerk notify the Mayor and invite him to be present. ” In Council, seconded by C. Elliott, Substitute Motion by C. Lorrey, seconded by C. Mercier to request Mayor meet with members of Greek Community to discuss and settle matters by way of apology upon which motion of C. Mercier shall be withdrawn. Approved on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Mercier outlined her motion and the reason behind it stating that it should be held in open session. C. Mercier commented her motion is appropriate and that she would not table the matter because people wish to speak on it whether for or against her. C. Mercier stated that a public apology would be acceptable to resolve the matter. C. Elliott supported the motion and called for the resignation of the Mayor as he has no interest in communicating with Council and cannot unit the body. C. Elliott stated the Mayor has shown no regard for the membership publically and has disrespected the Greek community. Vic Chair Mendonca opened matter up to registered speakers: 1. Geoffrey Feldman – not manner to address the issue; 2. Raymond Russell – defense of Mayor; 3. Judith Durant – embarrassing situation for C. Mercier; 4. Richard Howe, Jr. – no historical precedent; 5. George Zaharoolis – introduced several Greek groups and offered how community was offended; 6. Lew Demetroulakos – never denigrate an ethnic group; 7. Carol Carbonell – apology should suffice; 8. Linda Copp – vote on policy not penalty; 9. Jim Peters – political trick; 10. Sean Connaughton – focus on policy and unity; 11. Greg Page – spoke of tireless effort of Mayor; 12. Sengly Kang – support of Mayor for Cambodian community; 13. Rotha Khai – support of Mayor; 14. Lianna Kushi – noted inclusive nature of Mayor; 15. Emil Karaulla – spoke of Mayor’s energy and it should not be diminished; 16. James Ostis – spoke of personality of Mayor and that no intent to offend Greek community; 17. Ken Harkins – supports motion as Mayor is not an effective leader; 18. Francey Slater – policies are effective and politics should be out of it; 19. Paul Georges – noted Mayor’s attributes surrounding education; 20. Sovanna Pov – noted Mayor makes extra effort to be inclusive; 21. Narin Sinuon – supports Mayor; 22. Linda Balukevich – supports Mayor. C. Mercier thanked the speakers and recognized support of Mayor. C. Mercier noted her motion is set for next week and she will address it when Mayor is present and she would withdraw with an in person apology to community. C. Martin noted the motion diminishes the process and the Mayorship and that the Mayor has had people at his heels 2 since the outset. C. Martin noted that it takes two people to disagree and to dictate the return of the Mayor is wrong. C. Martin commented his actions were not outrageous and you cannot call for unity of the body on your own terms. C. Martin concluded the motion embarrasses everyone not just the intended target the Mayor. C. Martin shared sections of the Mayor’s apology. C. Nuon thanked speakers and congratulated the Mayor on birth of son. C. Nuon commented that the Mayor has unified different races and has done more on the Council during his term than most. C. Nuon stated that the Council rules do not address this type of motion and that the apology should be accepted and move on. C. Lorrey congratulated the Mayor on the birth of his son. C. Lorrey commented that he was pleased with Mayor at start of term but there has been a change in his behavior and that the Mayor must learn to leave issues on the Council floor. C. Lorrey noted that he does disrespect the community when he does not shoe for events and communicates to no one the reason for it. C. Lorrey commented that the action of the Mayor with the statute was ill advised especially due to the past instances. C. Lorrey commented that people are standing up for their friends and that he will stand by the Greek community as well as C. Mercier motion. C. Lorrey suggested that Mayor talk with the community and move along and that he was fine with the apology. C. Kennedy recognized that the motion comes out of frustration and that Robert’s Rule allows for it. C. Kennedy noted the Mayor was elected by the Council and that the Mayor took an oath to perform his obligations to the best of his abilities and he has fallen short of those obligations. C. Kennedy recognized the apology has a good step and the Council should correct and not punish. C. Kennedy noted communication is the main problem and that can be corrected. C. Lorrey commented that there should be alternative ways to correct something and offered Substitute Motion indicated above. C. Elliott spoke on substitute motion noting the problem has existed for some time and that it is their duty to ensure government is run appropriately. C. Mercier supports the compromise and made reference to specific instances of actions of the Mayor. Motion by C. Kennedy, seconded by C. Lorrey “to move the question.” So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Create position and salary of Director of Elections. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Nuon, seconded by C. Mercier “To Adopt”. Adopted on roll call vote 7 yeas, 2 absent (C. Martin, M. Murphy). So voted. Ordinance - Amend Chapter 266-90 Parking Meter Rate. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Leahy, seconded by C. Lorrey “To Adopt”. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Leahy questioned if the rates in question were for events. Motion to Suspend Rules to take Item #19 out of order by C. Lorrey, seconded by C. Nuon. So voted. Misc. - James Mitchell request removal of (1) handicap sign in front of 86 and 88 3rd Street. In Council, Motion by C. Mercier, seconded by C. Lorrey, “To refer to Traffic Engineer for report and recommendation within two weeks.” So voted. Mr. Mitchell spoke on petition and outlined reasons why the sign was not reasonable and should be 3 removed. C. Kennedy amended motion to include report from traffic engineer within two weeks with no objections. 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. Kennedy. So voted. C. Mercier noted that Animal Control was having annual rabies clinic on April 20th this year. VERBAL REQUEST OF 3/5/13 BY C. KENNEDY RE: LOWELLSTAT PROGRAM: C. Kennedy thanked administration for the report but wanted more specifics. Manager Lynch commented he would provide the updated report in two weeks. COUNCIL MOTION 10/02/12 BY COUNCILOR LEAHY: “Req. City Manager have proper department inspect Westview Road and report on any possible public safety concerns.” C. Leahy noted that there were no safety issues in the report. Manager noted that if there was development it could increase safety issues. COUNCIL MOTION OF 3/5/13 BY COUNCILOR LORREY: “Request the City Manager have the proper department replace the "no dogs allowed on playing field" signs where needed.” No comment. COUNCIL MOTION OF 3/12/13 BY COUNCILOR NUON: “Request the city manager have the proper department resurface the tennis courts and fix up or replace the nets at O’Donnell playground (Butler School).” No comment. UPDATE TO MOTION OF 1.15.13 BY COUNCILOR MENDONCA: “Request the City Manager provide a plan to address “unaccepted streets”; naming the streets and mileage to be addressed in the current FY and each of the next 5 fiscal years.” Vice Chair Mendonca spoke on issues from rostrum with no objections and stated he was concerned with the lack of progress with the streets and that there should be a more aggressive approach. VC Mendonca noted that the goals of Manager have not been met and that he would not want to miss out of the Chapter 90 funds. C. Martin commented that older streets are difficult and that there may be easier way to get them through the system. Manager note it was frustrating but there will be capital budget funds available to act aggressively and accelerate the process. C. Lorrey questioned the bonding capacity of the City. Tom Moses (CFO) outlined the boning program and noted it is the taxpayer who must pay the debt service. INFORMATIONAL Fire Department transfer. No comment. 4  Reappointment of Michael Keiley - Animal Advisory Committee. No comment. Order of Taking and Acceptance of Photine Drive. In Council, Given 1st Reading, Motion by C. Leahy, seconded by C. Kennedy “to waive full reading.” So voted. Motion by C. Mercier, seconded by C. Lorrey “to refer to public hearing on April 23, 2013 at 7 PM.” So voted. Vote - Approving the exemption of Michael F. Dillon, Jr. from the provisions of Massachusetts General Laws Chapter 268A, section 20. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Nuon. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Ordinance - Amend Ch. 266 Vehicles and Traffic. In Council, Given 1st Reading, Motion by C. Lorrey, seconded by C. Leahy “to waive full reading.” So voted. Motion by C. Lorrey, seconded by C. Martin “to refer to public hearing on April 16, 2013 at 7 PM.” So voted. C. Leahy requested more information on the rates. Manager responded there would be more information coming. C. Lorrey suggested designating an area for premium parking. Vote - Auth Mgr execute MRT Lease and Donation Agreement. In Council, Read twice and Motion “to adopt” by C. Mercier, seconded by C. Martin. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Mercier supports the vote and had questions on certain clause in contract. Manager outlined the different clauses and their meaning. Charles Tower, registered speaker, director at MRT, thanked Council and outlined the program. C. Mercier made note of the renovations of the hall. Vote - Transfer $275,000 (City and School Unemployment). In Council, Read twice and Motion “to adopt” by C. Nuon, seconded by C. Mercier. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Vote - Authorize Mgr Execute MOA Lowell Police Assn (Patrolmen) 7/1/12-6/30/15. In Council, Read twice, Motion by C. Kennedy, seconded by C. Leahy “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Martin. Adopted on roll call vote 6 yeas, 2 nays (C. Elliott, VC Mendonca), 1 absent (M. Murphy). So voted. C. Mercier agreed with the use of GPS units in the cruisers. C. Elliott noted good provisions in contract but to remain consistent would not support the vote. C. Martin noted good elements in the contract including buy back of sick time. Vote - Authorize Mgr Execute MOA AFSCME, Council 93, Local 1705A 7/1/12- 6/30/15. In Council, Read twice, Motion by C. Elliott, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Nuon. Adopted on roll call vote 6 yeas, 2 nays (C. Elliott, VC Mendonca), 1 absent (M. Murphy). So voted. 5 Communication – From City Mgr. request approval Out of State Travel (2) LPD, (1) LFD. In Council, Read Motion by C. Lorrey, seconded by C. Mercier “To approve”. Approved on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. REPORTS (Sub/Committee, if any) GENERAL PETITIONS Claims (2) claim for property damage. In Council, Motion by C. Kennedy, seconded by C. Lorrey “To refer to Law Dept. for report and recommendation”. So voted. UTILITY PETITIONS Waveguide - Install underground fiber optic cable conduit for communication at 10 and 15 Technology Drive. In Council, Given 1st Reading, Motion by C. Kennedy, seconded by C. Leahy “to refer to public hearing on April 16, 2013 at 7 PM.” So voted. Motion to Suspend Rules to take Item #32 out of order by C. Mercier, seconded by C. Nuon. Approved on Roll Call vote 7 yeas, 1 nay (C. Martin), 1 absent (M. Murphy). So voted. 32. By C. Elliott – “Req. City Mgr. address safety issues at the Library.” In Council, seconded by C. Kennedy, read and referred to the Manager. Voice vote 7 yeas, 1 nay (C. Martin), 1 absent (M. Murphy). So voted. C. Elliott outlined the serious infractions at the library and noted general pattern of such reports and commented that action must be taken to prevent future problems. C. Kennedy noted it was a public building to be used for reading and research not sleeping and fighting and that there should be guidelines for use of the building. Manager noted that he would ensure the public that the building is safe and that safety is taken seriously and that there can be no permanent solutions. Manager noted that the complaints are investigated and that there are strong policies within the law and the Board of Trustees favor a safe building. C. Kennedy noted that there will be issues but it seems that they are increasing. C. Nuon noted safety is an important element and the perception must be accurate and it appears that they are enforcing policy. Nancy Pifkin, registered speaker, library trustee, noted positive experience in the library and that any concerns should be addressed to the board. C. Elliott supplied the information which board should be aware of and that the police are being called regularly and there should be a zero policy approach. Manager noted that such activity occur in other libraries. C. Martin commented that the pattern is a disgruntled employee with a vendetta who has the ear of some on the Council and that this is a redundant motion and he does not support it. C. Mercier spoke to issues being brought up by others and that the maker of the motion should not be attacked. Motion by C. Kennedy, seconded by C. Mercier “to move question”. So voted. Motion to Waive Rule 5 by C. Kennedy, seconded by C. Mercier. Adopted on Roll Call vote, 7 yeas, 1 nay (C. Martin), 1 absent (M. Murphy). So voted. Motion by C. Kennedy, seconded by C. Mercier “to second and approve the remaining motions with the exception of item #21 and #28.” So voted. MOTIONS 6 By C. Lorrey – “Req. City Mgr. have proper department locate owners of pole 24, 25 and 26 on Andover Street and Mansion Drive for repair or replacement.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. By C. Lorrey – “Req. Mayor present proclamation to UML Men’s Hockey Team after the conclusion of their season.” In Council, seconded by C. Kennedy, read and referred to the Mayor. So voted. By C. Lorrey – “Req. Mayor present citation to retiring UML Men’s Hockey announcer, Chaz Scoggins, after the conclusion of their season.” In Council, seconded by C. Kennedy, read and referred to the Mayor. So voted. By C. Lorrey - “Req. City Mgr. prepare a report regarding maintenance of city parking garages.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. By C. Lorrey - “Req. City Mgr. have Lowell Police Dept. develop a summer safety program for the parks in 2013.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. By C. Lorrey - “Req. City Mgr. have proper department develop a neighborhood summer program for downtown to include the closing of Middle and Palmer Streets one night per week as well as opening Middle Street parking garage rooftop as a venue for events. ” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. By C. Nuon - “Req. the Mayor prepare a proclamation to the Wang School Knowledge Bowl Team in honor of their first place finish in the City-wide competition as well as present the proclamation to them on Tuesday April 9th’s meeting.” In Council, seconded by C. Kennedy, read and referred to the Mayor. So voted. By C. Kennedy - “Req. City Mgr. provide a report and update on Phase I and II of the Combined Sewer Overflow Project.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Lorrey – “Req. City Mgr. have proper department install bullpen and batting cage areas near benches at Hadley Park.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Lorrey noted that only need small fence installed and snack bar. Manager noted he would look into matter. By C. Mercier - “Req. City Mgr. ensure that no item of historical significance or cultural importance be removed from City Hall without permission from the City Council.” In Council, seconded by C. Elliott, Substitute Motion by C. Kennedy, seconded by C. Lorrey “to refer matter to Municipal Facilities Subcommittee.” So voted. C. Mercier noted that items do not belong to us and that they should not be taken. C. Martin opposed motion and felt it was unnecessary. VC. Mendonca opposed motion as too difficult to manage. C. Mercier requested roll call on matter. C. Nuon noted that there is too much 7 micromanaging on matter. C. Elliott supported the motion as items go in and out of building with no knowledge of it. C. Kennedy noted the scope was too broad and brought forward his substitute motion. C. Mercier supported substitute motion and entered the following three letters into record: 1. Niki Kakris; 2. Pan Laconian Federation; and 3. Pan Macedonian Association (See Attachment #1). Motion to Adjourn by C. Kennedy, seconded by C. Martin. So voted. Adjourn at 10:25 PM. Michael Q. Geary City Clerk Attachment #1: Letters of 1. Niki Kakris; 2. Pan Laconian Federation; and 3. Pan Macedonian Association. 8