City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY JUNE 25, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 8 present, 1 absent (M. Murphy). Vice Chair Mendonca Presiding. C. Mercier requested moment of silence in darkened chamber for Robert Destrempe. MAYOR’S BUSINESS Communication - Lowell Regional Water Utility’s Fifteenth Consumer Confidence Report. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Martin. So voted. CITY CLERK Communication - Minutes of City Council Meeting June 11th and Special Meeting 2nd Budget Hearing June18th, Transportation SC June 11th, Education Partnerships SC June 20th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Leahy, seconded by C. Lorrey. So voted. C. Mercier requested copy of option 3 from the Education Partnerships SC meeting. CITY AUDITOR Communication - City Clerk Revenue Reports. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Nuon. So voted. Motion to Suspend Rules to take item# 34 out of order by C. Lorrey, seconded by C. Mercier. So voted. By C. Lorrey/C. Mercier - “Req. City Council name softball field #2 at Koumantzelis Field in honor of Keith Rudy.” In Council, read and referred to the Board of Parks by Roll Call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Lorrey spoke to motion and outlined the accomplishments of Mr. Rudy. John Tsoumas, registered speaker, spoke of Mr. Rudy and his work. Corey Rudy, registered speaker, spoke of his father, Mr. Rudy. C. Mercier commented on the accomplishments of Mr. Rudy and requested a roll call vote. UNFINISHED BUSINESS Vote - Accept Provisions of Ch 44, s. 53F 1/2 of MGL to establish an Enterprise Fund for the Lowell Memorial Auditorium. In Council, Given 1st Reading, Motion by C. Kennedy seconded by C. Elliott “to refer to public hearing on July 9, 2013 at 7 PM.” So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) 1 Ordinance - Amend c. 272, Art. VI, s.272-87 (Annual Sewer Use Charge). In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Nuon, seconded by C. Mercier “To waive the full reading”. So voted. Motion by C. Martin, seconded by C. Lorrey “To Adopt”. Adopted on roll call vote 7 yeas, 2 absent (C. Elliott, M. Murphy). So voted. Manager Lynch made presentation and noted the increase has been included in the budget. Manager noted information in packet and commented on making smaller increases over time instead of one big increase to cover CSO project and maintenance of the facility. Manager noted the rate is very competitive throughout the Commonwealth. C. Mercier commented on the mandates from the government that must be followed and that comes with a cost. C. Kennedy noted the increase is about $17 per household per year. C. Elliott noted he would not vote on matter due to conflict with his employment. 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. COUNCIL MOTION OF 5/28/13 BY COUNCILOR KENNEDY: “Request City Manager appoint or re-appoint 2 members to the Animal Advisory Committee.” No comments. COUNCIL MOTION OF 6/11/2013 BY COUNCILOR LEAHY “Request City Manager have the proper department make exterior repairs at the Pawtucket Memorial School.” C. Leahy noted the work done. Henri Marchand (Asst. City Manager) commented on the signs. COUNCIL MOTION OF 4/3/2013 BY COUNCILOR MARTIN “Request City Manager work with proper department to establish protocols to implement flag half-staff orders.” No comments. COUNCIL MOTION OF 4/9/2013 BY COUNCILOR LORREY “Request City Manager work with city, state, and federal agencies assisting with the removal of tents and shelters along Merrimack and Concord Rivers and finding suitable shelters for people residing there.” C. Lorrey requested status on the project. Mr. Marchand outlined current status and what will be done in future. C. Lorrey commented on the medical and housing needs that were met. COUNCIL MOTION OF 5/14/2013 BY MAYOR MURPHY “Request City Manager 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.” No comments. COUNCIL MOTION OF 4/2/2013 BY COUNCILOR LORREY 2  “Request City Manager have proper department locate owners of pole 24, 25 and 26 on Andover Street and Mansion Drive for repair or replacement.” C. Lorrey noted the work done. COUNCIL MOTION OF 5/23/2013 BY COUNCILOR KENNEDY “Request City Manager explore the potential for widening the East Merrimack bridge during the construction delay.” C. Leahy requested update and date the work would begin. SUBCOMMITTEE MOTION BY COUNCILOR KENNEDY “Request DPD prepare a report outlining the impact of the bridge alternatives on land taking, traffic, and cost to the city.” No comments. COUNCIL MOTION OF 5/21/2013 BY COUNCILOR LEAHY “Request City Manager provide a status report on all fire damaged homes in the city.” C. Leahy commented on the master list kept by the City on these projects. COUNCIL MOTION OF 5/21/2013 BY COUNCILOR MARTIN “Request City Manger have proper department establish suitable recognition of the Anton family near corner of Broadway and Fletcher streets in conjunction with 100th anniversary of Anton’s Cleaner’s in June.” No comments. INFORMATIONAL Transfers – No Vote Required. No comments. Ground Breaking – 401 Bridge St. No comments. Council Chamber Improvements. No comments. Motion to Suspend Rules to take item# 39 out of order by C. Nuon, seconded by C. Mercier. So voted. By C. Nuon - “Req. City Mgr. have proper department re-pave Johnson St.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. Tom Dunn, registered speaker, commented on potholes and lack of drainage. Lianne Lilavong, registered speaker, commented on noise of bigger vehicles moving along the street. C. Mercier noted the condition of part of Acropolis Way and requested repair as well. C. Leahy suggested moving matter up on the list of streets to be done. Manager noted he would look into the matter. C. Nuon noted it was a long standing problem which needs a greater fix. C. Lorrey noted to make petition signed by residents part of the record. (See Attachment #1) Motion to Suspend Rules to take item# 29 out of order by C. Leahy, seconded by C. Nuon. So voted. 3 Misc. - One Perkins Street, LLC (Atty. James Flood) request access easement and overhang awning at 61 Perkins St. In Council, Motion by C. Leahy, seconded by C. Nuon, “To refer to Law Department.” So voted. Communication - From City Mgr. request approval Out of State Travel (1) Health, (1) LPD. In Council, Read Motion by C. Lorrey, seconded by C. Kennedy “To approve”. Approved on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Kennedy noted LPD request has passed. Manager noted he would look into matter. Vote - Apply, Accept and Expend Grant ($100,000) Attorney General’s Distressed Properties Identification and Revitalization Grant. In Council, Read twice, Motion by C. Lorrey, seconded by C. Leahy “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Martin. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Request by C. Kennedy to take item# 9, 10 and 11 together. No objections. So voted. Vote - Authorize Mgr Execute MOU MVEA Wastewater Unit I 7/1/12-6/30/15. In Council, Read twice, Motion by C. Leahy, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 6 yeas, 2 nays (C. Elliott, VC Mendonca), 1 absent (M. Murphy). So voted. Vote - Authorize Mgr Execute MOU MVEA Wastewater Unit II 7/1/12-6/30/15. In Council, Read twice, Motion by C. Leahy, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 6 yeas, 2 nays (C. Elliott, VC Mendonca), 1 absent (M. Murphy). So voted. Vote - Authorize Mgr Execute MOU Lowell Organization of City Engineers 7/1/12- 6/30/15. In Council, Read twice, Motion by C. Leahy, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 6 yeas, 2 nays (C. Elliott, VC Mendonca), 1 absent (M. Murphy). So voted. C. Elliott commented on salary increases. Manager noted there had been no increase prior two years. Tom Moses (CFO) commented on dollar figure for raises. C. Elliott questioned if future budgets could withstand that. Manager noted that increases are in line with other contracts and that future budgets could include tax increases and that they would try and be kept at a minimum. Vote - Authorize Mgr Execute Access Easement to One Perkins Street, LLC. In Council, Read twice, Motion by C. Martin, seconded by C. Leahy “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Ordinance - Quarterly Traffic (June). In Council, Given 1st Reading, Motion by C. Elliott, seconded by C. Kennedy “to waive full reading.” So voted. Motion by C. Kennedy seconded by C. Elliott “to refer to public hearing on July 9, 2013 at 7 PM.” So voted. 4 Vote - Execute License Agreement (3 yrs) UML- Sheehy Park Parking Lot. In Council, Read twice, Motion by C. Elliott, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Mercier. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Lorrey questioned if there would be enough parking for Lowell residents. Manager commented that there would be enough parking. C. Lorrey disclosed family member works at UMass-Lowell. C. Mercier noted that there have been no complaints regarding the lot. C. Nuon questioned the area and the number of spots. Manager commented on area and the number of spots in the small park. Adam Baacke (DPD) noted UML is responsible for maintenance of the lot along with snow removal and that the agreement is for September to May. C. Kennedy questioned the number of spaces that would be available and how the price was set.. Mr. Baacke noted it was difficult to specify as there are no lined spots and the price was based on lowest monthly rate charged by the City. Vote - Auth Mgr Execute Parking Lease (307 W. Sixth St.) 1 space. In Council, Read twice, Motion by C. Lorrey, seconded by C. Leahy “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Nuon. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Order - 60 day trial (63 Mt. Vernon St). In Council, Read twice, Motion by C. Leahy, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Leahy. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Vote - Apply/Accept/Expend Grant ($83,505.00) Edward Byrne Memorial Justice Assistance Grant (JAG). In Council, Read twice, Motion by C. Mercier, seconded by C. Martin “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Martin. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Vote - Auth. Mgr. Execute Underground Electric Distribution Easement (61 Perkins St.). In Council, Read twice, Motion by C. Kennedy, seconded by C. Elliott “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Martin. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Motion to Suspend Rules to take item# 19, 21, 22, and 23 together and out of order by C. Kennedy, seconded by C. Lorrey. So voted. Vote - Transfer ($310,690.00) Wastewater. In Council, Read twice, Motion by C. Leahy, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Vote - Transfer ($1,091,419.95) Snow & Ice deficit. In Council, Read twice, Motion by C. Leahy, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. 5 Vote - Transfer ($46,500.00) projected salary and wage deficits. In Council, Read twice, Motion by C. Leahy, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Vote - Transfer ($11,626.00) Reimburse General Fund for 2013 debt service. In Council, Read twice, Motion by C. Leahy, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Kennedy commented on snow/ice account. Manager noted reimbursements for NEMO northeaster. C. Elliott noted shortage in Council line item. Auditor Wright noted it was budget issue correction. C. Mercier made note of where transfer were coming from. C. Martin noted costs to settling union contracts. C. Kennedy was informed there were three union contracts left to settle. Vote - Transfer ($193,484.00) Law. In Council, Read twice, Motion by C. Leahy, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 6 yeas, 1 nay (C. Elliott), 2 absent (C. Mercier, M. Murphy). So voted. C. Elliott questioned how many cases are involved with the transfer and commented there should be a delay in the vote until a report is furnished spelling out exactly where the money will go. Manager commented he would provide detailed report but because it is the end of fiscal year any delay with the vote will have taxpayer consequences. City Solicitor O’Connor commented on progress throughout the years in reducing the payments on worker’s comp cases. Substitute Motion by C. Elliott, seconded by C. Kennedy to delay vote until full report supplied to the Council regarding breakdown of cases involve with the transfer. Roll Call vote 1 yea, 6 nays (C. Kennedy, C. Leahy, C. Lorrey, C. Martin, VC Mendonca, C. Nuon), 2 absent (C. Mercier, M. Murphy). Substitute Motion defeated. Manager commented the matter were discussed a budget hearing and there has been great improvement in reducing these costs. C. Elliott noted that agreements should not be made unless there are funds to cover them. City Solicitor noted that if medical bills and wages are not paid in worker’s comp matters then there are legal repercussions. C. Lorrey questioned the repercussions if bills not paid. C. Martin noted prior problems with failure to pay medical bill and/or wages and that they are real human problems. C. Kennedy requested breakdown of comp claims. City Solicitor noted vast amount are for medical bills for services that have been performed. C. Kennedy commented that future transfer request should contain more information. REPORTS (Sub/Committee, if any) Zoning SC June 25, 2013. In Council, report given, Motion by C. Martin, seconded by C. Nuon “To accept the report as a report of progress and the recommendation of subcommittee to refer matter back to DPD for report on possible moratorium as well as proposed regulations once a moratorium lapses”. So voted. C. Nuon provided a report to Council regarding the meeting and listed those who attended. He noted the recommendation as outlined in the above motion. C. Elliott commented that may surrounding towns are using the moratorium approach to the issue. 6 Education Partnerships SC June 20, 2013. In Council, report given, Motion by C. Lorrey, seconded by C. Kennedy “To accept the report as a report of progress”. So voted. C. Lorrey issued the report and noted who was in attendance. C. Lorrey noted the subcommittee recommended option 3 to come into compliance with one man one vote standard. C. Lorrey requested Clerk supply information to the full council. C. Kennedy commented that there is a need to make the representation constitutional and that option 3 is least restrictive way and it would not alter the make-up of the board. C. Kennedy commented the option calls for district wide elections and that the surrounding communities seem to favor that option as well. Mercier commented that Lowell should be afforded more representation. C. Martin noted he would not vote to support any options until he has seen all of the options. C. Lorrey noted the vote for that support could be done July 9th meeting after Council has a chance to review. C. Martin noted Public Safety SC on July 9, 2013. C. Leahy noted Neighborhoods SC on July 23, 2013 regarding chicken ordinance. Wire Insp. - Comcast of Southern NE - Underground conduit Prescott Street. In Council, Read, Motion “to accept and adopt accompanying order” by C. Nuon, seconded by C. Martin. So voted. Wire Insp. - Comcast of Southern NE - Underground conduit Middlesex Street. In Council, Read, Motion “to accept and adopt accompanying order” by C. Leahy, seconded by C. Kennedy. So voted. GENERAL PETITIONS Claims (1) claim for property damage; (1) claim personal injury. In Council, Motion by C. Kennedy, seconded by C. Martin, “To refer to Law Department for report and recommendation.” So voted. C. Martin noted the urgency on the property damage claim. Misc. - Deonilde Silva request (1) handicap sign in front of 54 Mead Street. In Council, Motion by C. Kennedy, seconded by C. Lorrey, “To refer to Traffic Engineer as amended.” So voted. Motion to Amend to 60 day order by C. Mercier, seconded by C. Nuon. So voted. Misc. - Arleen Martino request to address City Council regarding re-enactment of Glass- Steagall Law. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Martin. So voted. Ms. Martino was not present and Alan Monarach was allowed to address the Council in her absence. Mr. Monarach outlined the petition and gave a review of the law as well. Misc. - UMass-Lowell request to install sign on corner of Marginal and Middlesex Streets. In Council, Motion by C. Elliott, seconded by C. Kennedy, “To refer to Traffic Engineer.” So voted. MOTIONS 7 By C. Lorrey – “Req. City Mgr. have proper department prepare a report regarding, but not limited to, costs, funding and staffing for a possible primary election.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey noted it would be best to be prepared for such an event. By C. Mercier - “Req. City Council support naming walkway along Western Canal Macheras Way.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Mercier outlined the motion and noted the history of the Macheras company and all of their accomplishments in the community. By C. Mercier - “Req. City Council go on record to support the placing of a commemorative plaque in the Lowell Memorial Auditorium honoring the 3 “Amigos” Terry McCarthy, Leo Creegan and Tom McKay for their 17 years of outstanding service to the City of Lowell and refer this motion to the LMA Board of Trustees for their approval.” In Council, seconded by C. Elliott, read and referred to the Manager. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. By C. Mercier - “Req. City Mgr. add one new head clerk position in the City Clerk’s Office.” In Council, seconded by C. Kennedy, read and referred to the Manager as amended. So voted. C. Mercier noted in taking a second look there should be assistance even if that would not be a new position but resources should be added to assist and amended her motion to reflect that. C. Kennedy commented at the oversight meetings there have been request for added resources. C. Martin would not support new position but noted there should be added resources. C. Nuon commented the Clerk and Manager should meet to discuss needs. By C. Mercier - “Req. City Mgr. have proper department purchase a device that measures decibel levels regarding noise to assist in enforcing Noise Ordinance.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Mercier noted that there is need for resources to enforce the ordinance. C. Elliott outlined the history of the ordinance. By C. Nuon - “Req. City Mgr. have proper department review and report on current Worker’s Compensation policy.” In Council, seconded by C. Elliott, read and referred to the Manager. So voted. C. Nuon noted it should be a review of practice and procedures. Motion to Adjourn by C. Lorrey, seconded by C. Leahy. So voted. Adjourn at 9:25 PM. Michael Q. Geary City Clerk Attachment #1: Johnson Street Petition 8 9