City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY APRIL 23, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. C. Kennedy arrived at 8:14 PM. M. Murphy Presiding. C. Martin requested moment of silence with darkened chamber for Ann Hickey LeLacheur. C. Leahy requested a moment of silence with darkened chamber for Jacqueline Kondra, mother-in-law of C. Kennedy. MAYOR Proclamation – In recognition of UML Men’s Hockey Team championship season. In Council, read and presented by Mayor to Dana Skinner (Athletic Director UML) who thanked the Council. Mr. Norm Bazin (Coach UML) thanked Council and recognized the men’s hockey team. Communication – Elizabeth Messenger from Needy Meds to update program. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Mercier. So voted. Ms. Messenger updated the Council on the program and noted there has been about $25,000.00 in cost savings. CITY CLERK Minutes of City Council Meeting April 16th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Nuon, seconded by C. Martin. So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Order of Taking and Acceptance of Photine Drive. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mendonca, seconded by C. Lorrey “To waive the full reading”. So voted. Motion by C. Martin, seconded by C. Lorrey “Refer to City Clerk for 7 days”. 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. Mendonca, seconded by C. Lorrey. So voted. C. Lorrey recognized the Massachusetts Municipal Performance Management Review and the City actions. Manager thanked the Council for recognition. C. Lorrey note the Fort Hill Fountain will be named after Anne Cavanaugh on May 4th. 1  COUNCIL MOTION OF 3/12/2013 BY COUNCILOR MENDONCA: “Request City Manager develop the means to address complaints of buildings and conservation code violations on weekends and after normal business hours.” C. Mendonca responded to report and noted that a hotline best method for response and for tracking. Manager Lynch outlined future steps that will be used to address the issues. C. Nuon request that staff would be available to monitor the calls. Adam Baacke (DPD) outlined the procedures and noted that they would look at costs and the level of the emergency when using resources. FOLLOW UP TO COUNCIL MOTION OF 3/5/13 BY COUNCILOR ELLIOTT: “Req. City Council discuss placing meters in taxi cabs.” Motion by C. Elliott, seconded by C. Lorrey “that report be forwarded to Taxi and Livery Commission to address issues and develop procedures.” So voted. COUNCIL MOTION OF 3/26/2013 BY COUNCILOR LEAHY: “Req. City Manager review dumpster ordinance for reconsideration.” No comments. VERBAL MOTION OF 4/16/2013 BY COUNCILOR ELLIOTT: Request for additional historical information regarding workers compensation expenses. No comments. VERBAL MOTION OF 4/16/13 BY COUNCILOR LORREY: Request for information as to why health insurance costs for the enterprises increased from 2013 to 2014. C. Lorrey thanked Mr. Moses (CFO) for the report. VERBAL MOTION OF 4/16/2013 BY COUNCILOR KENNEDY REQUESTING ADDITIONAL DETAILS ON PARKING REVENUE BY GARAGE: No comment. VERBAL MOTION OF 4/16/2013 BY COUNCILOR MERCIER REGARDING BUDGET TRANSFERS AND CONTINGENCY ACCOUNT: No comment. COUNCIL MOTION OF 4/16/2013 BY COUNCILOR KENNEDY: “Req. City Mgr. report to Council on schedule and scope of Municipal Lien Auction for 2013.” No comment. COUNCIL MOTION OF 3/26/13BY C. LORREY: “Req. City Mgr. have proper department replace the veterans sign on Humphrey St. for Mr. Bonin.” C. Lorrey thanked Mr. Marchand (Asst. City Mgr.) for report. INFORMATIONAL MASSACHUSETTS MUNICIPAL PERFORMANCE MANAGEMENT PROGRAM. No comment. 2  PETITION OF 3/26/20l3 BY DAVE DELPOZZO INSTANT WIRELESS AND INSTANT TAX SERVICES DAN CHASSE COLDEN PROPERTIES (LANDLORD) 286 W. 6TH STREET. No comment. FERC DECISION ON BLADDER DAM. No comment. Communication - From City Manager, Request approval of Out of State Travel (1) DPD, (1) LPD. In Council, Read Motion by C. Mercier, seconded by C. Mendonca “To approve”. Approved on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. Vote - License Agreement (Laxmikrupa LLC d/b/a Pizza & Sub Stop) - sidewalk seating- 5 Merrimack St. In Council, Read twice and Motion by C. Mercier, seconded by C. Nuon “To waive the full reading”. So voted. Motion “to adopt” by C. Mercier, seconded by C. Martin. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. C. Leahy commented on oversight of compliance with license. Vote - License Agreement (Songul Curtis d/b/a Eileen’s Pizzeria & Grill)-sidewalk seating-127 Merrimack St. In Council, Read twice and Motion by C. Martin, seconded by C. Lorrey “To waive the full reading”. So voted. Motion “to adopt” by C. Lorrey, seconded by C. Nuon. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. C. Lorrey commented that when a new business comes into Lowell they should be approached and thanked. C. Martin suggested that they should be given a list of resources that are available in the City as well. Manager noted that they are policies that should be in place. Vote - Transfer $125,000 DPW. In Council, Read twice and Motion by C. Nuon, seconded by C. Lorrey “To waive the full reading”. So voted. Motion “to adopt” by C. Lorrey, seconded by C. Martin. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. C. Mendonca noted the savings with the street lights and questioned if that will continue. Mr. Moses addressed the savings and noted that should continue to be solid. C. Martin commented that as energy cost increase savings could as well. C. Leahy questioned maintenance of the street lights. Mr. Moses commented the line item does not include costs for wiring. Vote - Transfer $150,000 – Sick Leave Incentive. In Council, Read twice and Motion by C. Martin, seconded by C. Leahy “To waive the full reading”. So voted. Motion “to adopt” by C. Mercier, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. C. Elliott requested explanation for deficit in the account. Manager outlined reasons for transfer and commented it was approach to eliminate sick leave benefit as part of negotiations. C. Elliott commented that this was not the case for the School Department. 3 GENERAL PETITIONS Claims (1) claim for property damage. In Council, Motion by C. Lorrey, seconded by C. Nuon, “To refer to Law Department for report and recommendation.” So voted. MOTIONS By C. Lorrey – “Req. the License Commission consider a change to Section 4 4.02, dropping the last sentence: After 11:00PM All patrons are off the premises before closing time.” In Council, seconded by C. Leahy, read and referred to the License Commission. Motion to Amend by C. Mendonca, seconded by C. Noun “to clarify the language without dropping the last sentence: After 11:00PM All patrons are off the premises before closing time.” So voted. By C. Lorrey – “Req. the City Mgr. ask the Engineers Office for a report on the condition of Lowell’s Roads and a timetable and cost analysis to maintain or improve their current conditions.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Lorrey requested reports extend out to five years. Manager commented on the amount of money to be spent on roads this year and noted that if interest rate stays solid they would be more money going to roads the following year. Manager noted that there will be some budget challenges this year in light of the proposed State budget. C. Martin noted that the road management report has been around for some time and that it is revised along the way. C. Leahy commented on the utility company’s damage to streets when working on them. Manager noted the challenges with the utility companies and that currently there is added staff to address the concerns. C. Mercier noted that people want to know where they are on the list of repairs so that they have some time frame and made specific reference to Acropolis Road and sidewalks in front of Washington Savings Bank. By C. Mercier – “Req. the City Mgr. instruct the DPW to re-establish the berm list and place 92 Rivercliff Road on the list.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Mercier commented that the berms were destroyed by city plows and that there is a list to repair them once there is a sufficient number. Manager outlined the procedure and noted that a contractor is called in once there is a sufficient number to go out and repair. By C. Nuon – “Req. Mayor Murphy prepare a resolution to support comprehensive Immigration Reform.” In Council, read and seconded by C. Mendonca. Geoffrey Feldman, registered speaker, spoke regarding immigration and noted Council should be more pro-active with new wave of immigration. Ryan Berard, registered speaker, thanked C. Nuon for motion and noted the collective desire to improve system by creating an earned path to citizenship. C. Nuon noted they should celebrate diversity and support reform and refer matter to City Solicitor to draft resolution and bring before Council. C. Mendonca agreed with reform but noted preference should be given legal immigrants not illegal. C. Martin questioned this course of action noted it is not part of Council role and could cause division in Chamber. C. Elliott supported C. Martin response and noted there would be differences in different degrees. C. Lorrey supported to prepare resolution and return to Council. C. Mercier noted the practical approach is to 4 have knowledge of legislation you are supporting and she does not have that information. C. Nuon remarked he could work with group. Motion by C. Elliott, seconded by C. Mercier “to lay matter on table.” So voted. By C. Nuon – “Req. City Mgr. provide assistance to Nader for 3K road race to raise funds for victims of Boston Marathon bombings.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. Nader, registered speaker, presented ideas for fundraising for victims of Boston Marathon bombings. Manager noted that the special events coordinator would be involved in matter. M. Murphy noted of other fundraising events taking place in the City. C. Martin noted that City should give all groups looking to fundraise use of resources. C. Nuon noted this fundraiser involved running. By C. Nuon – “Req. City Mgr. have proper dept. check in city tree located at 52 New Spaulding Road.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Nuon noted he had been contacted by owner of property. M. Murphy delayed item #18 on Agenda until return of C. Kennedy. By C. Elliott – “Req. City Mgr. provide update on hold-over appointments and vacancy on Lowell Memorial Auditorium Trustee Board.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Elliott questioned hold-over appointments and that in light of important contract pending it was taken too long to fill. C. Elliott also questioned the appointment to replace veteran on the board, noting out of three original choices by the various veteran groups there were still two to choose from. Manager noted he would provide update. C. Elliott wanted to discuss matter and explanation for delays and Manger noted the motion had not been passed. C. Leahy called for vote. C. Lorrey questioned hold-overs in other communities. Manager noted there are hold-overs present in other communities. C. Elliott commented that the positions must be filled. By C. Mendonca – “Req. City Mgr. develop a use for the City-owned parcel at 16 Hampshire St.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Mendonca commented that property was blight on the neighborhood and that the best course of action would probably be demolition. M. Murphy relinquished Chair to Vice Chair Mendonca at 8:07 PM. By M. Murphy - “Req. Mgr. develop comprehensive walkway improvement plan to address sidewalk, crosswalk, street tree needs with priority given to areas around schools, neighborhood business districts, and concurrent street improvements; and incorporate into the overall capital plan. Also requests efforts to maintain walkability of infrastructure through enforcement--targeted, if necessary, to school and business district areas--of current city ordinances.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy noted that walkability was an important element in the Master Plan so it should be part of Capital Plan. M. Murphy noted the investment should 5 be done in a structured way and the maintenance of the way should be done by compliance to ordinances. C. Lorrey noted that lighting should be included in plan as well. C. Leahy commented that maintenance of the way is important. C. Mercier noted that there must be continued shared effort with State and other partners. Mayor Murphy resumed Chair at 8:16 PM. By C. Kennedy – “Req. City Council request License Commission amend their proposed rules by deleting Sections 2.02 and 2.03 of Section 2 of the General Conditions and consider adding them to Special Conditions in Section 3.01.” In Council, seconded by C. Lorrey, read and referred to License Commission. So voted. C. Kennedy thanked Council for courtesy and outlined the historical approach to the proposed rules and regulations concerning specific and general conditions. C. Kennedy noted approach as outlined should be no hardship on well managed establishments and impose special conditions only where needed. C. Mercier supported the motion noting rules are important and they must be fair and setting policy on an establishment who has done no wrong is not fair. C. Martin supports the motion and noted that the new License Commission has been attentive to suggestions and comments and should be able to exercise their discretion. City Solicitor O’Connor noted that the special conditions will be used on violators and that the Commission has already done so. City Solicitor further commented that the rules and regulations are at public hearing stage and the Commission can get input from the hearing. C. Lorrey noted he would speak at public hearing as a citizen. C. Nuon recognized the work of the new Commission. C. Mendonca outlined his position from beginning that order should be brought to problem establishments. C. Mercier commented that do not punish non violators. Motion to Adjourn by C. Lorrey, seconded by C. Martin. So voted. Adjourn at 8:39 PM. Michael Q. Geary City Clerk 6