City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY APRIL 30, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. (C. Elliott arrived at 6:50 PM) Mayor Murphy Presiding. C. Lorrey requested moment of silence in darkened chamber for Carol Evans. C. Mercier requested moment of silence in darkened chamber for Michael Demaras. C. Mercier requested moment of silence in darkened chamber for Leo Cloutier. C. Lorrey spoke of Mr. Cloutier as well. CITY CLERK Minutes of City Council Meeting April 23rd, for acceptance. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Martin. So voted. UNFINISHED BUSINESS Order of Taking and Acceptance of Photine Drive. In Council, noted there was a public hearing and was referred to City Clerk for 7 days. Motion by C. Mendonca, seconded by C. Lorrey “To waive the full reading”. So voted. Motion by C. Mendonca, seconded by C. Nuon “To Adopt”. Adopted on roll call vote 8 yeas 1 absent (C. Elliott). So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Amend Ch. 56 (Personnel). 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. Manager Lynch gave a synopsis of the proposed ordinance which outlined sick pay, sick buy back, grid, vacation, ethics, code of conduct, pay, parking and travel expenses. Manager noted he corrected the position of the parking commissioner to reflect a department head. C. Mercier noted sick pay option and vacation time for new employees. C. Mercier noted she could not vote in favor of the ordinance until she saw the proposed pay grid. Manager noted that the grid would have to be approved by Council every year. C. Mendonca commented on vacation time and personal days after Thanksgiving. Manager noted that as a cost savings measure City Hall would be closed the day after Thanksgiving. C. Mendonca requested some clarity on medical leave language. C. Martin outlined his understanding of medical leave language. C. Lorrey commented on parking language and also noted that organ donor pay should be included in the ordinance. Motion by C. Elliott, seconded by C. Kennedy “to refer matter to Personnel Subcommittee”. So voted. C. Elliott noted the correction for the Commissioner of Parks and commented there are some improvements in the ordinance but that it should be given more attention. CITY MANAGER 1 Communication - From City Manager Responses to City Council Motions and Requests. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Martin. So voted. COUNCIL MOTION OF 4/16/13 BY COUNCILOR LEAHY: “C. Leahy – Req. City Mgr. draft letter on behalf of citizens of Lowell regarding concern for high priced cable and internet fees, sending letter to the appropriate State agency.” C. Leahy noted letter. COUNCIL MOTION OF 4/2/13 BY COUNCILOR LORREY: “Req. City Mgr. have Lowell Police Dept. develop a summer safety program for the parks in 2013.” C. Lorrey commented on upcoming program. C. Leahy requested a thank you letter be forwarded to the department. COUNCIL MOTION OF 4/9/13 BY COUNCILOR NUON: “Request City Manager to report on Summer Job Opportunities for Youths.” C. Nuon noted job fair approaching. Manager commented that the Career Center is always a resource. MOTION OF 4/9/13 BY COUNCILOR MENDONCA “Request the City Manager provide more publicity with greater detail for Summer recreation activities for children.” C. Mendonca noted report and spoke of programs. C. Mendonca questioned if some sort of assurance can be given to Rec. Dept. regarding funding so that they could move forward in properly advertising these programs. Manager responded that he would review any possibilities. Manager further noted that in view of proposed State budget holding taxes this year would be difficult. C. Elliott requested that information be forwarded to Lowell Youth Soccer so that they could post to membership and also requested some sort of link to City website. C. Lorrey commented that information could be given out to leagues as part of permit package. COUNCIL MOTION OF 4/2/13 BY COUNCILOR LORREY: “Request City Manager prepare a report regarding maintenance of city parking garages.” C. Lorrey commented he was looking into condition of garages and not just maintenance. Manager noted there is such a report forthcoming. COUNCIL MOTION OF 3/12/13 BY COUNCILOR NUON: “Reg. City Mgr. have proper departments provide a report concerning pedestrian- related motor vehicle accidents over the period of the last three years to include the following: the number of accidents and accidents involving pedestrians, the location, the time of day, the day of the week, age of operator, and any other pertinent variables that would contribute to learning how we might lower the incidence of pedestrian-related accidents including driver usage of personal communication devices while driving at the time of an incident.” No comments. COUNCIL MOTION OF 3/5/13 BY COUNCILOR LORREY: 2  “Request City Manager have the proper department look into making Ludlam Street a one way in its entirety.” C. Lorrey commented he understood reason for keeping it two ways but would continue to monitor it. COUNCIL MOTION OF 4/16/13 BY COUNCILOR LEAHY: “Request City Manager have proper department install crosswalks on Varnum Avenue where needed between West Meadow Road and Totman Road.” C. Leahy noted it was a safety concern and needed further review. Motion by C. Leahy, seconded by C. Lorrey “to refer matter to Public Safety Subcommittee”. So voted. COUNCIL MOTION OF 4/23/13 BY MAYOR 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.” No comments. MOTION OF 4/23/13 BY COUNCILOR NUON: “Req. City Mgr. have proper dept. check in city tree located at 52 New Spaulding Road.” C. Nuon noted the delay of National Grid to remove tree and they should be pushed. C. Lorrey commented on his request for a tree removal on 10th Street. MOTION OF 4/23/13 BY COUNCILOR MERCIER: “Req. the City Mgr. instruct the DPW to re-establish the berm list and place 92 Rivercliff Road on the list.” No comments. MOTION OF 4/16/13 BY COUNCILOR MERCIER: “Req. City Mgr. have Commissioner of Parks find ways and means of enclosing the entrance to Wedge Park Tot Park for safety of children.” No comments. COUNCIL MOTION OF 4/16/13 BY COUNCILORS LEAHY AND KENNEDY: “Req. City Mgr. instruct proper dept. provide paving schedule for calendar year 2013.” No comments. MOTION OF 2/26/13 BY COUNCILOR LORREY “Request the City Manager prepare report for Council regarding estimate of total costs of snow removal and possible reimbursements from State or Federal agencies.” C. Lorrey questioned amount of any reimbursement to the City. Manager outlined potential money and when it would be received. INFORMATIONAL State Cherry Sheet Analysis-2. C. Mendonca questioned the effect on the City side of budget. Tom Moses (CFO) outlined the effect on the City side of budget. 3  Manager commented on net school funding. C. Martin commented on charter school assessments. Manager noted it hits city with more charter schools. Proposed Lowell Memorial Auditorium Contract. No comments. Transfer - Police Overtime. No comments. Motion to Suspend Rules to take item #6 - #10 out of order by C. Lorrey, seconded by C. Kennedy. So voted. Communication - Appoint Sarah Golding (Immigration Commission). In Council, Read Motion by C. Mercier, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. Ms. Golding was present. Communication - Appoint Matthew Gordon (Conservation Commission). In Council, Read Motion by C. Lorrey, seconded by C. Mendonca “To approve”. Approved on roll call vote 9 yeas. So voted. Mr. Gordon was present. Communication - Appoint Thayer Eastman (Auditorium) veteran. In Council, Read Motion by C. Lorrey, seconded by C. Mendonca “To approve”. Approved on roll call vote 9 yeas. So voted. Mr. Eastman was present. Communication - Appoint Patricia Keilty (Auditorium). In Council, Read Motion by C. Lorrey, seconded by C. Mendonca “To approve”. Approved on roll call vote 9 yeas. So voted. Ms. Kirwin-Kielty was present. Communication - Reappoint James O’Donnell (Auditorium). In Council, Read Motion by C. Lorrey, seconded by C. Martin “To approve”. Approved on roll call vote 9 yeas. So voted. Ordinance - Create new position and salary (IT Systems Support Technician) Library. In Council, Motion by C. Nuon, seconded by C. Mercier “To Waive Full Reading”. So voted. Given 1st Reading, Motion by C. Lorrey, seconded by C. Martin “To refer to public hearing on May 14, 2013 at 7 PM.” So voted. C. Mercier noted that City had MIS department and questioned the involvement of them. Vote - Auth Mgr. Execute Management Agreement (Global Spectrum LP) for Management of Lowell Memorial Auditorium. In Council, Motion by C. Kennedy, seconded by C. Lorrey “to refer to Finance Subcommittee.” So voted. C. Kennedy requested that members of the Auditorium Board of Trustees be present. Vote - Transfer ($406,871) Police. In Council, Read twice, Motion by C. Nuon, seconded by C. Mendonca “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. 4 Vote - Transfer ($45,000) Police. In Council, Read twice, Motion by C. Mercier, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Nuon. Adopted on roll call vote 9 yeas. So voted. Vote - Transfer ($210,000) DPW. In Council, Read twice, Motion by C. Mendonca, 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 9 yeas. So voted. C. Mendonca questioned transfer. Manager outlined the reason for transfer. REPORTS (Sub/Committee, if any) Wire Insp. - Waveguide - Install underground fiber optic cable conduit for communication at 10 and 15 Technology Drive. In Council, Read, Motion “to accept and adopt accompanying order” by C. Mercier, seconded by C. Martin. So voted. Motion to Suspend Rules to Jeff Wilson to speak regarding television event by C. Elliott, seconded by C. Lorrey. So voted. Mr. Wilson informed Council of show entitled “Shattering Barriers” produced by Commission on Disability. GENERAL PETITIONS Claims (1) claim for property damage. In Council, Motion by C. Mercier, seconded by C. Kennedy, “To refer to Law Department for report and recommendation.” So voted. In Council, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey three letters regarding library safety that were part of Council packet and not referenced on agenda (See Attachment #1). So voted. MOTIONS By C. Martin – “Req. City Mgr. work with proper department to establish protocols to implement flag half-staff orders.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Martin commented that there should be a protocol for this procedure and it should be uniform throughout City. Manager outlined protocol used by City. C. Elliott noted there should be a plan to lower flags. C. Lorrey commented that they should be removed in the winter. C. Martin noted the City should be prepared for the event. C. Kennedy noted that flags can be lowered for local dignitaries. M. Murphy outlined protocol and noted City flag can be lowered for local individuals. By C. Mendonca – “Req. City Mgr. have the Law Dept. prepare a vote to amend Chapter 104 of City Ordinances to permit the keeping of farm animals and fowl for personal use when reasonable conditions are met.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Mendonca noted a motion was brought some time ago and this was following up on that. C. Mendonca noted rules and regulations can be established to appease both sides. City Solicitor noted that there are many communities moving towards this aspect. C. Martin noted that it is part of the Master Plan and good start for implementation. Motion to Suspend Rules to allow Rachel Chandler to speak by 5 C. Mercier, seconded by C. Martin. So voted. Ms. Chandler addressed Council and provided information. By C. Leahy – “Req. City Mgr. have proper department provide update on the condition of all facilities at the Martin/Alumni Complex.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy noted that should stay on top of the complex. By C. Leahy – “Req. City Mgr. report on the use (city and non-city) of all facilities at the Martin/Alumni Complex.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy noted the use should be identified. Motion to Adjourn by C. Kennedy, seconded by C. Martin. So voted. Adjourn at 8:10 PM. Michael Q. Geary City Clerk Attachment #1: “Letters regarding library” 6