City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY JULY 23, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 8 present, 1 absent (C. Kennedy). Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Dr. Luke Cavaney and Mr. William J. Moriarty. C. Lorrey requested moment of silence in darkened chamber for Mr. William Furey. Motion by C. Elliott to Suspend Rules to discuss the concerns surrounding Market Basket situation and Mr. Demoulas, seconded by C. Mercier. Mayor Murphy noted concern with the request and outlined the Council procedure regarding the suspension of the rules and complying with the Open Meeting Law. C. Elliott commented it was important to discuss the matter at this point. Mayor referred to City Solicitor. City Solicitor O’Connor noted the procedure agreed upon by the Council which included test to see if matter could have been put on agenda timely or could it wait to be placed on next agenda. C. Elliott reiterated it was important to go on record and that it would not be in violation of Open Meeting. C. Mercier took a point of personal privilege and noted the way to proceed is to have Law Department begin the process to draft resolution in support of Mr. Demoulas as the body should be supportive of him. C. Martin noted there is some time sensitivity in the matter since resolution must be drafted and would take any measures to support Demoulas family but it must be done in the framework in which the Council must operate. C. Elliott noted that the best avenue is to send letter of support to the board of trustees and that should be the end of the matter as too much time as been spent discussing same. C. Lorrey noted there is a tight time table. Motion to Suspend rules to put motion before the body by C. Mercier, seconded by C. Nuon. So voted. Motion by C. Mercier, seconded by C. Martin “to request Law Department draft resolution in support of Arthur T. Demoulas as well as Demoulas family.” So voted. MAYOR’S BUSINESS Resolution - Establish Sister City between Lowell and Santo Domingo, Dominican Republic. In Council, Read, Motion “to adopt” by C. Mendonca, seconded by C. Nuon. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. CITY CLERK Minutes of City Council Meeting July 9th; Public Safety SC July 9th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Nuon, seconded by C. Mendonca. So voted. CITY AUDITOR 1 Communication – 4th Quarter 2013 Cash Controls Review. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Mendonca. So voted. Communication – June End of Year Budget Reports. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Nuon. So voted. C. Elliott questioned funds in relation to building permits. Auditor Wright explained the gap and how it would be covered. Mayor Murphy relinquished Chair to Vice Chair Mendonca at 7:10 PM. UNFINISHED BUSINESS MOTIONS (Carried over from 7/9/13 CC Meeting): By M. Murphy – “Req. City Mgr. consider ways to encourage a more participatory budget process, including the use of mini-challenge grants for proposals relevant to the operation of various departments.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented that the City should tap into the community and departments for ideas and that grants can move that process along. C. Leahy questioned if there are any merit awards for employees. Tom Moses (CFO) reviewed the budget process. By M. Murphy - “Req. City Mgr. report on potential of a more participatory Capital Improvement Plan which would pilot the use of a Kickstarter-like process with thresholds for contributions and contributors to meet before a city match is made.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy noted the motion is still in line with community participation. By M. Murphy - “Req. City Mgr. explore approach to vacant lots similar to Adopt a Lot program of Baltimore, with formal process to ensure fairness and to return land to productive use in both the short- and mid-term.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted 7 yeas, 1 nay (C. Elliott), 1 absent (C. Kennedy). M. Murphy commented that the motion is designed to find productive use of vacant property until the City has a more detailed plan for its use. C. Mercier noted the current programs used including yard sale and community gardening. C. Elliott noted the existing programs and the limitations present under the law as well as liability issues that would need to be addressed. C. Lorrey noted the motion was to explore and he would support increasing the number of programs in this area. C. Martin noted the involvement is before the land is sold and that he would favor enhancing programs. C. Mercier questioned Adam Baacke (DPD) concerning existing programs. Mr. Baacke outlined the programs. M. Murphy commented it would be useful to inform the residents of what the City owns so that they may become more involved. C. Elliott questioned how the existing programs were formed. City Solicitor O’Connor addressed the process. C. Elliott commented that all of the bases were covered in this area. Motion to move question by C. Martin, seconded by C. Lorrey. So voted. By M. Murphy - “Req. City Mgr. develop more formal and rigorous land-use board training and professional development program for appointees to attend regularly and 2 prior to duties as board members.” In Council, seconded by C. Mercier, read and referred as amended to the Manager. So voted. M. Murphy commented motion spoke for itself. C. Lorrey amended without objection to include in the report response to his prior motion on the same matter. Vice Chair Mendonca returned Chair to Mayor Murphy at 7:40 PM. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Create temporary position of Lead Hazard Control Grant Program Manager (DPD). 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. Mercier, seconded by C. Mendonca “To Adopt”. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. C. Mercier noted the position was grant funded and would end when the grant ended. 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. Nuon. So voted. MOTION RESPONSES: COUNCIL MOTION OF 5/21/2013 BY MAYOR MURPHY: “Request City Manager explore development of a City Arts or Cultural Laureate program to work on projects which promote art in the community.” No comments. COUNCIL MOTION OF 7/9/13 BY MAYOR MURPHY: “Request City Manager report on permitted use of barbecue grills in recreational parks, and to promote their safe use in public spaces.” No comments. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY: “Request the City Manager consider appropriate signage directing visitors to wheelchair accessible entrance through JFK civic plaza.” No comments. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY: “Request City Manager provide Council with update on DowntownStat initiative and neighborhood indicators project for further discussion.” No comments. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY: “Request City Manager work with Disability Commission and Fire Department to ensure that fire alarms installed in homes appropriately alert hearing-impaired residents.” No comments. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY: “Request City Manager report on the impact of sequestration on CDBG funding and according to what priority adjustments will be made.” No comments. 3  COUNCIL MOTION OF 7/9/2013 BY COUNCILOR LORREY: “Request City Manager have LPD develop a motorcycle safety program for Lowell residents.” C. Lorrey noted the report and all of the programs the LPD has brought forward. COUNCIL MOTION OF 6/11/2013 BY COUNCILOR LEAHY: “Request City Manager have LPD report on traffic safety in the neighborhoods.” C. Mercier questioned information that was not contained in the report and was not pleased with the response. C. Leahy noted enforcement must be addressed. COUNCIL MOTION OF 5/28/2013 BY MAYOR MURPHY: “Request City Manager explore discussion with Comcast on providing more WiFi hotspots in neighborhood business districts and other strategic areas of the City, and continue to explore more options for more public WiFi access.” No comments. COUNCIL MOTION OF 7/9/2013 BY COUNCILOR MERCIER: “Request City Manager provide a report as to the status of the former Butler School and the direction the project is taking.” No comments. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY: “Request City Manager report on potential to update Library and City Hall restrooms with changing tables for the general public.” No comments. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY: “Request City Manager report on the Parks and Recreation Department’s use of pesticides and potential draft of pesticide-free land management ordinance.” No comments. COUNCIL MOTION OF 6/11/2013 BY COUNCILOR LEAHY: “Request City Manager have proper department replace parking lot signage at the Wang and Pawtucketville Memorial Schools.” C. Leahy questioned current signage being put up in City. Mr. Baacke noted it was a MASSDOT program at no costs to the City. COUNCIL MOTION OF 5/7/2013 BY COUNCILORS NUON AND MERCIER: “Request City Manager have proper department repave Johnson street and a portion of Acropolis road.” C. Leahy questioned the summer paving list. Henri Marchand (Asst. City Mgr.) commented on Chapter 90 money and amount that could be budgeted. C. Nuon questioned time table for paving Johnson Street. Mr. Marchand noted no time set as must set priority and budget for it. COUNCIL MOTION OF 5/21/2013 BY MAYOR MURPHY: “Request City Manager 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.” No comments. 4  COUNCIL MOTION OF 6/25/2013 BY COUNCILOR MERCIER: “Request 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.” No comments. COUNCIL MOTION OF 7/9/2013 BY COUNCILOR MERCIER: ”Request City Manager have proper department purchase a device that measures decibel levels regarding noise to assist in enforcing Noise Ordinance.” No comments. COUNCIL MOTION OF 6/25/2013 BY COUNCILOR MERCIER: “Request City Manager add one new Head Clerk position in the City Clerk’s office.” C. Mercier was pleased with the help being offered. COUNCIL MOTION OF 6/25/2013 BY COUNCILOR LORREY: “Request City Manager have proper department prepare a report regarding, but not limited to, costs, funding and staffing for a possible primary election.” C. Lorrey noted the costs and the report. SUBCOMMITTEE MOTION OF 6/25/2013 BY COUNCILOR MARTIN: “Refer matter of Medical Marijuana Dispensary ordinance back to DPD to report on establishing a moratorium and establishing regulations for when any moratorium shall lapse.” C. Nuon noted the report and the recommendation to leave zoning as it is. Mr. Baacke outlined the proposed facilities and sought direction on a moratorium. C. Nuon noted there was a need for more time. C. Lorrey questioned the manufacturing element of the regulations. Mr. Baacke outlined manufacturing needs. Motion by C. Elliott, seconded by C. Nuon “to have Law Department draft a temporary ordinance to establish a moratorium in the matter so that work may continue. So voted. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY “Request City Manager report on efforts to develop a food truck program and potential coordinated effort with Economic Development division and COOL to identify and map event locations to encourage their use” No comments. PETITION OF 7/9/2013 FOR HANDICAP PARKING SPACE Request handicap parking sign around corner of 485 Stevens St at Fairfax St. No comments. SUBOMMITTEE MOTION BY COUNCILOR KENNEDY “Request DPD prepare a report outlining impact of the bridge alternatives on land taking, traffic, and costs to the City.” No comments. 5  INFORMATIONAL LPD Fleet Report. No comments. Marketing Memo and Report. No comments. Website Roll Out Memo. Motion by C. Martin, seconded by C. Mendonca to refer matter to Technology SC. So voted. Veteran’s Square Application. Motion “to adopt” by C. Mendonca, seconded by C. Mercier. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. Senior Center Grant Application. No comments. Manager on Vacation. No comments. Motion to Suspend rules to take item #13 out of order by C. Mendonca, seconded by C. Nuon. So voted. Vote – Authorize City Manager to enter into a License Agreement with UML to encroach upon City property for a proposed UML sign to be located on City of Lowell property. In Council, Read twice, Motion by C. Nuon, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Mercier. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. Communication-Reappoint Ben Opara and Rev. Cecilio Hernandez (Immigration Commission). In Council, Read Motion by C. Nuon, seconded by C. Mendonca “To approve”. Approved on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. Vote-Apply/Accept/Expend Grant (max. $121,600)-Council on Aging. In Council, Read twice, Motion by C. Nuon, seconded by C. Mendonca “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 (C. Kennedy). So voted. Order-60 day trial (various). In Council, Read twice, Motion by C. Nuon, seconded by C. Mendonca “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Mendonca. Adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. Constable Bonds - (1) Bond (Emma Amaro), for approval for term 1/4/2011-1/7/2014; (1) Bond (Juan M. Jerez), for approval for term 1/4/2011-1/7/2014. In Council, Read Motion by C. Elliott, seconded by C. Mendonca “To approve”. Approved on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. Communication - From City Mgr. request approval Out of State Travel (1) DPD, (1) LRWU. In Council, Read Motion by C. Mercier, seconded by C. Elliott “To approve”. Approved on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. 6 REPORTS (Sub/Committee, if any) Wire Insp. - National Grid - Underground electric conduit to feed transformer at 65 Perkins St. In Council, Read, Motion “to accept and adopt accompanying order” by C. Mendonca, seconded by C. Nuon. So voted. Wire Insp. - National Grid/Verizon - Relocate poles for street corner roundings at Broadway and Wilder Streets. In Council, Read, Motion “to accept and adopt accompanying order” by C. Mercier, seconded by C. Martin. So voted. GENERAL PETITIONS Claims (1) claim for property damage. In Council, Motion by C. Nuon, seconded by C. Lorrey, “To refer to Law Department for report and recommendation.” So voted. MOTIONS By C. Mercier – “Req. Mayor continue the supported and approved motion to introduce and highlight new businesses before the City Council.” In Council, seconded by C. Mendonca, read and referred as amended to the City Manager. So voted. C. Mercier commented it was important to resume the practice started by former C. Tenzar to introduce new businesses in Lowell. C. Lorrey noted that should include long term businesses in Lowell. M. Murphy noted that the prior motion was referred to Manager and that would be most suitable department to implement the motion. Motion was amended to refer to Manager without objection. By C. Mercier – “Req. City Mgr. have proper department explain the procedure for how bills are activated after permits are issued.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Mercier commented there is a need for checks and balances in billing and that procedures must be followed if they exist. C. Lorrey noted that alarms in homes not tied in with police department get billed and commented it he did not think that was appropriate. By C. Mercier – “Req. City Mgr. have follow-up checking on building/sewer tie-in permits etc. against the proper issuing of appropriate bills and what policy is in place for work done and no appropriate bill is issued.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Mercier questioned the procedure to pursue individuals that have cheated the system. By C. Mercier – “Req. Law Dept. provide update regarding motion adopted on 6/11/13 to abandon Worcester Road.” In Council, seconded by C. Mendonca, read and referred to the Law Department. So voted. C. Mercier noted it was a follow up on a motion and is needed to keep integrity in the neighborhood. By C. Lorrey – “Req. City Council name basketball court at the Bowers Complex (Highland Park) in honor of Michael John Prestipino, Jr.” In Council, seconded by C. Leahy, read and referred to the Board of Parks. So voted. C. Lorrey noted it is a way to 7 honor this person. C. Mercier called for roll call vote and requested it be sent to Board of Parks. Adopted on Roll Call vote 8 yeas, 1 absent (C. Kennedy). So voted. Mayor Murphy relinquished the Chair to Vice Chair Mendonca at 8:30 PM. By M. Murphy – “Req. City Mgr. post municipal candidate campaign finance reports on city website and have law department draft more comprehensive finance regulations including “Pay to Play” ordinance rendering individuals, companies or organizations that donate above specified amounts ineligible for financial relationships with the city.” In Council, seconded by C. Nuon, defeated by Roll Call vote 2 yeas, 6 nays (C. Elliott, C. Leahy, C. Lorrey, C. Martin, C. Mendonca, C. Mercier), 1 absent (C. Kennedy). So voted. M. Murphy noted it would make process transparent and an ordinance could be drafted to comply with the law. C. Elliott commented on the level of bureaucracy it would create and that would not be desirable. C. Lorrey commented the motion was vague and it gives the appearance that there is pay to play scenarios happening. C. Mercier noted the State already handles the matter and it should be left to them. C. Nuon commented he is not adverse to filing his report anytime and anywhere. M. Murphy noted that there are not a lot of resources needed for the matter and it ensures that people donate for the right reasons. C. Martin commented he was opposed as there is already heavy regulation by the State in the matter. C. Mercier requested roll call, seconded by C. Elliott. So voted. By M. Murphy – “Req. City Mgr. report on parking arrangements with School Department in the context of net minimum spending requirements and consider transportation demand management plan to provide equity and incentives for alternative transportation.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy noted the need for fairness in the parking system for all employees. M. Murphy commented it would also attempt others to seek alternative means of transportation. By M. Murphy – “Req. City Mgr. report on potential of a mixed use Two for Lowell program in partnership with LDFC and MVHP to provide more affordable live/work opportunities for emerging entrepreneurs.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted it was a chance to expand programs of which others could take advantage of. C. Elliott questioned zoning issues. M. Murphy noted there is no change in the zoning ordinances. C. Mercier moved to refer to Zoning SC which was seconded by C. Elliott and later withdrawn with no objections. C. Martin noted it has nothing to do with zoning. M. Murphy commented motion was put on to assist the neighborhoods. C. Elliott questioned funding. Mr. Baacke outlined possible funding sources. By M. Murphy – “Req. City Mgr. work to improve pedestrian and cyclist access to LRTA Terminal through cleared sidewalks, safer crossing, improved street and underpass lighting on Gorham Street and working with LRTA to identify a safe entry point from Chelmsford Street.” In Council, seconded by C. Mercier, read and referred as amended to the Manager. So voted. M. Murphy noted the attempt to increase safety and 8 accessibility in area. C. Leahy requested amending motion to include parking plan for Highland Street. No objections. C. Leahy noted people parking on Highland Street then hopping on train and leaving vehicles there all day. M. Murphy – “Req. City Mgr. develop plan to increase the visibility and walkability of the Western Canal Walkway from the boulevard to Broadway and report on the status of the Northern Canal Walkway.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented on need to increase access for pedestrians and cyclists. By M. Murphy – “Req. City Mgr. report on plans for remaining bus shelter locations and inclusion of schedules, local history, and maps of the neighborhood with key locations or landmarks identified by residents.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted the shelters should be used to the maximum. By M. Murphy – “Req. City Mgr. arrange for seating in front of Adult Education Center until a longer-term plan for the space can be developed.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented on large crowd with no seating. By M. Murphy – “Req. City Mgr. report on traffic ordinance for Doane Street and consider disallowing parking on the left hand side and making the right hand side residential only in order to improve safety towards Chelmsford Street.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy commented that motion came about due to discussions with housing groups. Motion to Adjourn by M. Murphy, seconded by C. Mercier. So voted. Adjourn at 9:27 PM. Michael Q. Geary City Clerk 9