City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY MAY 21, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:40 PM Roll call showed 9 present. Mayor Murphy Presiding. MAYOR’S BUSINESS Citation - Honoring 60th Anniversary of the Mental Health Association of Greater Lowell. In Council, presented by M. Murphy to Mr. Al Scot the Executive Director of the Association. Mr. Scot addressed the Council. C. Leahy recognized Mr. Scot for his contribution. CITY CLERK Minutes of City Council Meeting May 14th; Public Safety SC May 14th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. Motion to Suspend Rules to take Item #25 out of order by C. Nuon, seconded by C. Lorrey. So voted. M. Murphy relinquished Chair to Vice Chair Mendonca at 6:41 PM. By M. Murphy - “Req. City Mgr. develop joint proposal with Register of Deeds to address vacant and abandoned properties through the Attorney General’s Distressed Properties Identification and Revitalization Grant.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. Richard Howe, Jr., Middlesex North Registrar of Deeds, registered speaker, gave a brief background and explanation of the grant program. M. Murphy outlined the grant application noting that combining with the Registrar of Deeds will increase grant amount. C. Kennedy noted he withdrew similar motion after conferring with Adam Baacke (DPD) as he was informed it could not be competitive nor was it timely. Mr. Howe commented the application deadline as not passed and that Lowell would be competitive as a gateway city. C. Lorrey supported the motion. M. Murphy noted the deadline and commented Lowell would be a good fit. C. Nuon commented that grant is available and should be pursued. C. Kennedy commented that his discussion may have involved separate program. Vice Chair Mendonca relinquished Chair to M. Murphy at 6:55 PM. Motion to Suspend Rules to take Item #21 out of order by C. Elliott, seconded by C. Kennedy. So voted. By C. Elliott - “Req. City Solicitor provide an explanation on damage claim refused for 58 Carroll Parkway.” In Council, seconded by C. Mercier. C. Elliott noted that the two residents were present and would like to speak. City Solicitor O’Connor spoke to the claim and appeal process. C. Elliott noted the claim was denied and he would like to speak to it publically. City Solicitor noted there is still a pending claim. C. Elliott noted 1 he was disappointed with the response of the City. M. Murphy noted discussions should be done in Executive Session if body elects to do so. C. Elliott outlined claim and that the residents should be able to speak to it as they were wronged. City Solicitor noted claim is still open along with rights of appeal. City Solicitor spoke briefly to claim, noting no evidence per police report. Substitute Motion by C. Leahy, seconded by C. Kennedy to enter into Executive Session for purpose of discussion of claim. On motion C. Kennedy noted that if City Solicitor believes it should be in Executive Session he would discuss in that session. C. Nuon believed it was an appropriate matter for Executive Session. Motion to Suspend Rules to allow residents to speak by C. Elliott, seconded by C. Mercier. So voted. Robert and Brenda Emmert, the residents outlined the claim and spoke as to the handling of the claim as well. City Solicitor responded to matter as presented and outlined the investigation noting DPW report on damage, noting no plows in area, noting police report and noting claimants differing versions. C. Elliott commented he visited the property and noted how the plow could have struck the vehicle and that it makes no sense for the people to go this far on this matter unless it happened. Roll Call on Motion to enter Executive Session failed 3 yeas, 6 nays (C. Elliott, C. Kennedy, C. Lorrey, C. Martin, C. Mendonca, 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 by Motion of C. Mercier, seconded by C. Nuon. So voted. COUNCIL MOTION OF 4/9/2013 BY COUNCILOR MERCIER: “Request City Manager explore possibility of having a police substation in the library for completing reports and other administrative functions.” No comment. COUNCIL MOTION OF 5/7/13 BY MAYOR MURPHY: “Request City Manager report on Storm Water Compliance Program and Plans to Further Incorporate Storm Water Best Management Practices into City Ordinances.” No comment. COUNCIL MOTION OF 5/7/2013 by COUNCILOR MERCIER: “Request the City Manager provide a different location for fireworks as compared to previous years so as not to disturb the animals of the Lowell Humane Society.” No comment. COUNCIL MOTION OF 4/23/13 BY COUNCILOR NUON: “Request City Manager have proper department provide assistance to Nader for 3k road race to raise funds for victims of Boston marathon bombings.” No comment. COUNCIL MOTION OF 2/26/13 BY COUNCILOR NUON: “Request City Manager provide a breakdown of the current diversity within the Police Dept. for both officers and command staff and further report efforts to continue diversifying the police force in the newest recruiting class of the Police Academy.” No comment. 2  INFORMATIONAL Reappoint Gary Perrin to Board of Appeals. No comment. Reappoint Corey Belanger to Board of Appeals. No comment. Reappoint Cliff Kreiger to License Commission. No comment. Communication - Reappoint Clifford R. Krieger-License Commission. In Council, Read Motion by C. Mercier, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. Communication - Reappoint Gary Perrin – Zoning Board of Appeals. In Council, Read Motion by C. Lorrey, seconded by C. Nuon “To approve”. Approved on roll call vote 9 yeas. So voted. Communication - Reappoint Corey Belanger – Zoning Board of Appeals. In Council, Read Motion by C. Nuon, seconded by C. Lorrey “To approve”. Approved on roll call vote 9 yeas. So voted. Vote - Authorize Manager Execute MOU Unit “C” 7/1/12-6/30/15. In Council, Read twice, Motion by C. Lorrey, seconded by C. Martin “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Martin. Adopted on roll call vote 7 yeas, 2 nays (C. Elliott, C. Mendonca). So voted. Vote - Authorize Manager Execute MOU Unit “D” 7/1/12-6/30/15. In Council, Read twice, Motion by C. Mendonca, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Nuon. Adopted on roll call vote 7 yeas, 2 nays (C. Elliott, C. Mendonca). So voted. Vote - Apply/Accept/Expend Grant – Health Dept ($100,000) Substance Abuse Services. In Council, Read twice, Motion by C. Mendonca, seconded by C. Mercier “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Martin. Adopted on roll call vote 9 yeas. So voted. Vote - Transfer funds ($2,500) City Clerk’s office. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. Communication – From City Manager request approval Out of State Travel (1) LPD. In Council, Read Motion by C. Mercier, seconded by C. Mendonca “To amend and approve”. Approved on roll call vote 9 yeas. So voted. C. Mercier noted that it is to correct a prior request so it should amend accordingly. REPORTS (Sub/Committee, if any) 3 Neighborhoods SC May 21, 2013. In Council, report given, Motion by C. Mendonca, seconded by C. Nuon “To accept the report as a report of progress and adopt motions from subcommittee”. So voted. C. Leahy issued the report outlining discussion and noted people in attendance. C. Leahy brought forward three motions approved in the subcommittee meeting for approval: 1. Request Health Department issue report regarding impact of proposed Animal Ordinance; 2. Request Assessor’s Office issue report regarding effect on home values by proposed Animal Ordinance; and 3. Request Animal Control Officer and Animal Advisory Board issue a report regarding proposed Animal Ordinance. C. Mercier commented the reports should be issued before next meeting on matter. City Solicitor noted the draft ordinance was just that and that the office is awaiting more information on the issues. C. Elliott noted he did not support the ordinance and it should go no further. Motion by C. Elliott “to direct the City Solicitor to not develop the ordinance.” Failed for lack of a second. C. Kennedy commented that it should at least run through subcommittee process. C. Mercier noted she keeps an open mind and needs information. City Solicitor noted there are just gathering information and is not developing the ordinance. Wire Insp. - UMass Lowell - To attach new cable on existing poles in right of way along Hall St. and across Aiken St. In Council, Read, Motion “to accept and adopt accompanying order” by C. Martin, seconded by C. Mendonca. So voted. C. Leahy disclosed that his company is working at UMass Lowell. GENERAL PETITIONS Claims (1) claim for property damage. In Council, Motion by C. Mercier, seconded by C. Nuon, “To refer to Law Department for report and recommendation.” So voted. UTILITY PETITIONS Comcast of Southern NE - Underground conduit Prescott Street. In Council, Given 1st Reading. Motion by C. Nuon, seconded by C. Lorrey “to refer to public hearing on June 11, 2013 at 7 PM.” So voted. Comcast of Southern NE - Underground conduit Middlesex Street. In Council, Given 1st Reading. Motion by C. Mercier, seconded by C. Lorrey “to refer to public hearing on June 11, 2013 at 7 PM.” So voted. MOTIONS By C. Martin – “Req. City Mgr. have proper department establish suitable recognition of the Anton Family near corner of Broadway and Fletcher Streets in junction with 100th Anniversary of Anton’s Cleaners in June.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Martin commented that they wish the area to be designated before the celebration of the anniversary in June. C. Mercier commented that all people who have contributed to City should be afforded a place to be recognized. C. Nuon noted it was well deserved. By C. Lorrey - “Req. City Mgr. have the proper department replace the crosswalks in front of the Hellenic Orthodox Church Holy Trinity and possibly Saint Patrick's Church.” 4 In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey commented it was a response to constituent request and that crosswalk should come with signage. By C. Leahy - “Req. City Mgr. provide a status report on all fire damaged homes in the City.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy commented must assist property owners to move rehab projects along. By C. Elliott - “Req. City Council vote to adopt resolution to Governor and State Legislature supporting Rourke Bridge Project.” In Council, seconded by C. Mendonca, read and referred to the Law Department. So voted. C. Elliott noted there is a need to reach out to a lot of agencies as this is a large project. C. Elliott requested law department draft the language and that there is a need for political pull. C. Lorrey noted there is a Transportation Subcommittee schedule to address this issue on June 11th and that the Council should weigh in. C. Kennedy commented there should be political pressure at every stage of the project and that it should be a multi community effort. M. Murphy relinquished Chair to Vice Chair Mendonca at 8:00 PM. By M. Murphy - “Req. City Mgr. explore development of a City Arts or Cultural Laureate program to work on projects which promote art in the community.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted importance of recognizing and encouraging art in the community. By M. Murphy - “Req. City Mgr. consider developing a Percent for the Arts policy as part of the annual Neighborhood Impact Initiative to support local artists and increase public art throughout the neighborhoods.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy commented it is a small percent which could be used to increase access to public art in the neighborhoods. By M. Murphy - “Req. City Mgr. explore potential of community design process for welcoming Gateway and other signage in neighborhood business districts.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy noted need to involve city in creation of art and to enable a sense of identity. Motion to Adjourn by C. Lorrey, seconded by M. Murphy. So voted. Adjourn at 8:04 PM. Michael Q. Geary City Clerk 5