City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY MAY 14, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:40 PM Roll call showed 9 present. Mayor Murphy Presiding. CITY CLERK Minutes of City Council Meeting May 7th; Finance SC May 7th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Mendonca. So voted. Communication - Rabies Spree Day Cost Sheet 2013. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Mercier. So voted. Darlene Wood, registered speaker and animal control officer, commented on the event and its success. C. Lorrey noted he had heard a lot of positive feedback with event. C. Mercier questioned microchip procedure for the animals. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Create new position and salary (IT Systems Support Technician) Library. In Council, Given 2nd Reading and hearing held. Speaking in favor Victoria Woodley, Library Director, and commented on the need for the position. No Remonstrants. Hearing closed. Motion by C. Nuon, seconded by C. Martin “To waive the full reading”. So voted. Motion by C. Martin, seconded by C. Nuon “To Adopt”. Adopted on roll call vote 9 yeas. So voted. C. Elliott questioned why the MIS Department could not handle the matter. Manager Lynch noted that MIS was a busy department and that there is a different operating system at the library. C. Martin noted that this is a just a swap of positions and is done within current budget and in addition it goes toward our state mandated funding of the library. C. Kennedy questioned why the salary was low and if it would attract right person. C. Mendonca questioned how many departments have tech people in them. Tom Moses (CFO) outlined which departments used tech people. C. Lorrey questioned if it would assist with public access. C. Nuon noted it would be beneficial for a tech person in the department but goal should be centralization. UTILITY PUBLIC HEARINGS (Scheduled for 7PM) UMass Lowell - To attach new cable on existing poles in right of way along Hall St. and across Aiken St. In Council, Given 2nd Reading and hearing held. Motion by C. Mendonca, seconded by C. Nuon “To waive the full reading”. So voted. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Nuon “To refer to Wire Inspector for report and recommendation”. So voted. 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. Mendonca. So voted. MOTION OF 2/26/2013 BY COUNCILOR LEAHY: “Request the City Manager prepare a report concerning the removal of trash from the downtown area.” C. Leahy questioned time frame in the matter. Manager noted it would be done in May/June timeframe. COUNCIL MOTION OF 4/2/13 BY COUNCILOR KENNEDY: “Request City Manager provide report and update on Phase I and II of the Combined Sewer Overflow Project.” Motion to refer to Municipal Facilities Subcommittee for oversight by C. Kennedy, seconded by C. Leahy. So voted. Motion to refer to Finance Subcommittee by C. Mendonca, seconded by C. Lorrey. So voted. COUNCIL MOTION OF 11/20/12 BY COUNCILOR MERCIER: “Request City Manager have proper department provide a street sweeping schedule to the city council.” No comment. COUNCIL MOTION OF 5/7/13 BY COUNCILOR ELLIOTT: “Request City Manager provide an update on repairs to the Lawrence Street bridge.” No comment. FOLLOW UP TO COUNCIL MOTION OF 2/26/13 BY COUNCILOR MENDONCA: Verbal request of 4/30/13 by C. Mendonca for draft plan of proposed recreation program. C. Mendonca noted the plan and how it has grown and the number of opportunities for young people. Manager noted the high costs of the growth at about $120,000. Manager noted challenges with upcoming budget in particular the charter school reimbursement program. C. Nuon commented that there should be proper notice regarding the recreation programs. C. Kennedy questioned the outreach to delegation regarding State budget. C. Lorrey send press release to paper for information on the recreation programs. Informational HOME Tenant Based Rental Assistance Program for Unsheltered Homeless. C. Lorrey made note of the program. Adam Baacke (DPD) outlined the program and noted the focus was on housing and prevention. C. Lorrey spoke to recent procedure to clear out the tent city on the river. C. Elliott questioned how many people were displaced. Manager noted it was too early to have all of the data but when it is available he will report. C. Elliott commented that the plan should have been before the Council and not after the fact. C. Lorrey noted his original motion was constituent driven and done for public safety. Transfer – DPW. No comment. 2  Capital Plan – Debt Service. No comment. Meeting Notice – Taxicab & Livery Commission – May 22, 2013, 6:30 PM. C. Mercier noted the meeting and stated she would attend in order to lodge a complaint regarding service and fee structure. C. Kennedy noted one should always check with dispatch for the fee. C. Elliott commented the need for meters in the cabs. Communication - From City Manager – Presentation of findings of Wood Street/Rourke Bridge study by NMCOG and VHB. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Elliott. So voted. Manager introduced Beverly Woods of NMCOG who in turn introduced Laura Castelli of VHB to present power point. (See Attachment #1: “Corridor Study and Feasibility Analysis Rourke Bridge, Wood Street, Westford Street and Drum Hill Road” dated May 14, 2013) Ms. Castelli noted this was a living document as changes are bound to occur. C. Mercier commented on alternate routes that were proposed. C. Martin questioned why would there not be more than 4 lanes. Ms. Castelli noted the reasoning for 4 lanes. C. Lorrey commented on impact on river. Jodi Trunfio of TEC continued with the power point presentation. C. Kennedy questioned the cost analysis and comparison to current dollars. Ms. Castelli concluded the power point presentation. C. Kennedy questioned time line of the project. Ms. Castelli outlined time and gave best case scenario. C. Kennedy commented that the pressure must be put on State to follow through on the matter. C. Mercier questioned which alternative was getting best feedback. C. Elliott questioned the time frame and noted that the City needs to be involved in securing the funding. Ms. Woods outlined funding element in the plan and the best result would be putting pressure on Mass. DOT. C. Lorrey noted that the lights would all be timed up after the completion of the project. C. Kennedy commented it was a special and expensive project and that strong political strategy needs to be used which would include involvement of other communities. C. Kennedy recommended a new subcommittee to oversee; M. Murphy noted there was a Transportation Subcommittee in place. C. Mendonca noted the project must forge ahead at an accelerated pace. Motion by C. Kennedy, seconded by C. Lorrey “to refer matter to Transportation Subcommittee.” So voted. Vote - Approving 2013-2014 Annual Action Plan. In Council, Read twice, Motion by C. Mercier, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Elliott. Adopted on roll call vote 8 yeas, 1 present (C. Martin). So voted. C. Mendonca disclosed he was board member to Rebuilding Together. C. Mercier disclosed she was board member to CTI, Rebuilding Together and Council on Aging. C. Lorrey disclosed he was CTI board member. M. Murphy disclosed he was a board member on CTI, Mill City Grows and affiliated with West End Gym. C. Martin disclosed he was a board member on Lowell Parks and Conservation. Disclosures were for a possible conflict of interest and that none received any compensation from the boards. Ordinance - Amend Zoning Chapter 290. In Council, Given 1st Reading, Motion by C. Leahy, seconded by C. Lorrey “to waive full reading.” So voted. Motion by C. 3 Kennedy, seconded by C. Mendonca “to refer to Planning Board for report and recommendation and to refer to public hearing on June 11, 2013 at 7 PM.” So voted. Vote - Approve Economic Opportunity Area (EOA) 110 Canal Street. In Council, Read twice, Motion by C. Nuon, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Mendonca, seconded by C. Elliott. Adopted on roll call vote 9 yeas. So voted. Mr. Baacke outlined vote and reasoning. Vote - Approve TIF Plan with Trinity Financial LLC. In Council, Read twice, Motion by C. Lorrey, seconded by C. Martin “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Mercier. Adopted on roll call vote 9 yeas. So voted. C. Mendonca questioned the TIF. Loan Order - ($13,610,000) Capital Improvements. In Council, Given 1st Reading, Motion by C. Nuon, seconded by C. Mercier “to waive full reading.” So voted. Motion by C. Kennedy, seconded by C. Lorrey “to refer to public hearing on May 28, 2013 at 7 PM.” So voted. REPORTS (Sub/Committee, if any) Public Safety SC May 14, 2013. In Council, report given, Motion by C. Mendonca, seconded by C. Nuon “To accept the report as a report of progress”. So voted. C. Martin outlined meeting and agenda attached to it. Chief Pitta (LFD) was present to speak regarding inspections and to introduce Capt. McGowan. Supt. Friedl (LPD) was present and addressed the body. C. Martin noted discussion on crosswalks on Varnum Ave. and further noted the matter was sent to Manager to report on costs and other issues including sidewalks. C. Leahy questioned about signage instead of crosswalks. Manager noted signs can be done quickly. C. Lorrey noted sidewalks could be included with Rourke Bridge project. C. Nuon reported on Immigration Commission meeting. Motion by C. Mercier, seconded by C. Nuon “To accept the report as a report of progress”. So voted. C. Elliott reported on Lowell Commission on Disability commenting on closed caption, expenditures over last 3 years and revenue from tickets. Manager noted he would supply report on those requests. C. Elliott commented the Commission was being slighted as there a long wait for responses. Manager noted his procedures on the matters. Motion by C. Lorrey, seconded by C. Mercier “To accept the report as a report of progress”. So voted. UTILITY PETITIONS National Grid - Replace underground electric duct bank in sidewalk on Freda Lane. In Council, Given 1st Reading. Motion by C. Kennedy, seconded by C. Lorrey “to refer to public hearing on May 28, 2013 at 7 PM.” So voted. MOTIONS 4 By C. Mercier – “Req. City Mgr. provide a report on what steps are being taken to reinforce safety in the neighborhoods.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Mercier commented increase in crime during summer and noted the City should stay on top of any issues. By C. Mercier - “Req. City Mgr. have proper department repair cement sidewalk in front of Washington Savings Bank on Middlesex St.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Mercier commented it was discussed some time ago and is in need of repair. Manager noted the work would be done this week. C. Lorrey questioned cement sidewalk being installed by City. By C. Nuon - “Req. City Mgr. provide report regarding effectiveness of procedures during past preliminary election with any recommendations for improvement.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Nuon requested the report. C. Leahy questioned the sign position in the polls. City Solicitor O’Connor noted the improvements in the system. C. Mendonca commented on voter irregularity. City Solicitor O’Connor commented it is prevented by following law and having trained poll workers. C. Elliott commented the system is ripe for fraud and that is the reason there should be an id system in place noting other States have done so. M. Murphy commented the discussion was straying from the agenda item. By C. Nuon - “Req. City Mgr. provided a report regarding Sun Building construction including estimated length of time that staging will be in place.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted 8 yeas, 1 nay (C. Elliott). C. Nuon noted it was an eyesore and safety issue and that the staging should be brought down will issues are worked out. C. Kennedy commented that the staging was there for safety. C. Elliott would not support motion as it was addressed earlier and a lot of work has already been done on it. By C. Nuon - “Req. City Mgr. establish review panel for oversight of the Auditorium management contract to meet annually.” In Council, seconded by C. Kennedy for discussion, read and referred to the Manager. So voted. Motion to amend by C. Kennedy, seconded by C. Lorrey “to have Manager refer motion to Board of Trustees of Auditorium to ensure proper adherence to contract.” Roll Call Vote on Substitute Motion 5 yeas, 4 nays (C. Elliott, C. Martin, C. Mendonca, C. Mercier). C. Nuon noted need to be pro-active to ensure they are meeting requirements. C. Kennedy noted that was the Board of Trustees job and it should be referred to them. C. Elliott noted that by law the Board of Trustees oversees and no one else and that the motion makes no sense. C. Elliott began to speak of Board member William Taupier and M. Murphy cautioned that the discussion was going off point. By C. Nuon - “Req. City Mgr. report on progress of search for new police superintendent.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. 5 By C. Lorrey - “Req. City Mgr. have proper department develop a 5 year economic vision plan for the Lowell Memorial Auditorium and surrounding areas.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Martin note prior attempt to make area an enterprise zone. M. Murphy relinquished chair to Vice Chair Mendonca at 9:30 PM. By M. Murphy - “Req. City Mgr. report on efforts to house the homeless displaced by last week’s removal of river camps and any follow-up plans to address the issue.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy commented that the top priority was to get housing for individuals and that he appreciated the effort on the part of the City in dealing with the camps. M. Murphy commented that the 7 day notice period gave the appearance that housing was not the priority. By M. Murphy - “Req. City Mgr. provide update on Hale’s Brook Greenway planning study.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy requested the report. 23. By M. Murphy - “Req. City Mgr. and Solid Waste/Recycling Committee report back revised recycling ordinance changes and draft a proper vote.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy requested the report so that changes can be implemented. C. Leahy commented on single stream recycling. Motion to Adjourn by M. Murphy, seconded by C. Martin. So voted. Adjourn at 9:35 PM. Michael Q. Geary City Clerk Attachment #1: “Corridor Study and Feasibility Analysis Rourke Bridge, Wood Street, Westford Street and Drum Hill Road” dated May 14, 2013 6