City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY AUGUST 13, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Elizabeth “Betty” Burns and Thomas Beane. MAYOR’S BUSINESS Communication - Introduction of Mr. Brian Martin as new Headmaster of Lowell High School. (Per request of C. Leahy). In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Leahy. So voted. Mayor Murphy introduces Mr. Martin. Mr. Martin addressed the Council. C. Leahy commented on the important position that Mr. Martin is in and thanked him for the service. Proclamation - Dorcas Griggs-Saito, Lowell Community Health Center, recognizing National Health Centers Week. In Council, M. Murphy presented the proclamation to Ms. Griggs-Saito who addressed the Council with an update of the center. Linda Su and Socro Ton from the health center outlined various youth programs offered. Citation - Recognizing Roger and Soben Pin of Khmer Post USA as a new business in the City. In Council, M. Murphy presented the citation to Mr. and Mrs. Pin who addressed and thanked the Council. Resolution - Recognize service of Arthur T. Demoulas. In Council, Read twice, Motion “to adopt” by C. Elliott, seconded by C. Kennedy. Adopted on roll call vote 9 yeas. So voted. CITY CLERK Minutes of City Council Meeting July 23rd, for acceptance. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Lorrey. So voted. Motion to Suspend Rules to take items #25, 42 and 40 out of order by C. Nuon, seconded by C. Lorrey. So voted. By C. Mercier - “Req. City Mgr. find ways and means to allow the immigrants from Laos to construct a monument around the outside of City Hall to honor their heritage and have the proper department structure a monument plan for the other ethnic groups as well if they so desire. ” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Mercier outlined reasons for motion and noted the focus was on ethnic diversity. 1 By M. Murphy/C. Nuon - “Req. City Mgr. develop plan for renovation of green space at Flanagan Housing and work with LHA and residents on cooperative agreement for its maintenance.” In Council, read and referred to the Manager. So voted. Registered speakers from the neighborhood addressed the Council and requested work be done to improve the area. The speakers were: Pam Miller, Jayden, Elizabeth Torres, Carmen Flores, Kelly Nyan, Wanda and David Wescott, and Lynn Dolan. C. Nuon outlined the motion and noted the work with the LHA and the simple things which will need to be done. Manager Lynch noted the work has started short term and that the City will work with the LHA for long term repairs for the area. C. Leahy commented on City ownership of the property. C. Mercier applauded the motion as it was youth driven. C. Kennedy agreed with the short term solutions and requested report for long term ideas in the area. By C. Lorrey - “Req. City Council name the LHS football practice field at Cawley Stadium (home of Lowell Pop Warner) in honor of William J. Desmond, Jr.” In Council, seconded by C. Leahy, read and referred to the City Manager and Board of Parks. So voted. Richard Demers, registered speaker, spoke of the passing of Mr. Desmond and the influence he had on the youth of the City as well as his dedication to youth programs. C. Elliott commented about Mr. Desmond and his contributions to the programs. Motion to Suspend Rules to take items #12 and #13 out of order by C. Lorrey, seconded by C. Leahy. So voted. Communication - Appoint Philippe D. Cândido to the Immigration Commission. In Council, Read Motion by C. Lorrey, seconded by C. Mercier “To approve”. Approved on roll call vote 8 yeas, 1 absent. So voted. Manager outlined the credentials of the candidate. Mr. Candido addressed the Council and thanked them. C. Martin congratulated appointee. Communication - Appoint John Descoteaux to the License Commission. In Council, Read Motion by C. Lorrey, seconded by C. Mercier “To approve”. Approved on roll call vote 9 yeas. So voted. C. Mercier explained the absence of the candidate. C. Elliott questioned if employee of the City could also derive check from the commission. City Solicitor O’Connor noted there may have to be certain papers to be filed by the appointee. C. Elliott requested point of personal privilege to question Mayor regarding his comments surrounding the Zoning Board of Appeals. UNFINISHED BUSINESS Vote-Adopt position re: GLTHS board’s current proportionality. In Council, Read twice with option C language, Motion “to adopt” by C. Kennedy, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. Motion to Suspend Rules to take items #32 together with this vote by C. Kennedy, seconded by C. Leahy. So voted. By C. Kennedy/C. Mendonca - “Req. City Council endorse option #3 in Section 14E of Mass. Gen. Laws Chapter 71 regarding the election of Greater Lowell Vocational School board members.” In Council, read and referred to vote as listed on agenda. So voted. C. Kennedy outlined history of the vote and meetings with other towns to bring representation in line with court orders requiring adherence to one man one vote principles. C. Kennedy noted that the towns were most supportive of option #3 which is 2 outlined as option C in the language of the vote. C. Mendonca noted the need to comply with state law and all towns are supportive of the same option which is a district wide vote electing a certain number of representatives from each town. C. Lorrey noted the towns’ preference for option #3. C. Mercier accepted the proposal upon being provided information regarding the options. 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. Lorrey, seconded by C. Mendonca. So voted. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY: “Request the City Manager 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.” No comment. COUNCIL MOTION OF 7/9/13 (DELAYED UNTIL 7/23/13) BY MAYOR MURPHY: “Request City Manager develop more formal and rigorous land-use board training and professional development programs for appointees to attend regularly and prior to duties as board members.” No comment. UPDATE TO MOTION OF 2/5/13 BY COUNCILLOR LORREY “Request City Manager set up training seminar or program for all new board member.” No comment. COUNCIL MOTION OF 2/5/13 BY COUNCILOR LORREY: “Request City Manager set up training seminar or program for all new board members.” No comment. COUNCIL MOTION OF 7/23/13 BY COUNCILOR LORREY “Request the city council name basketball court at the bowers complex (highland park) in honor of Michael John Prestipino, Jr.” No comment. COUNCIL MOTION OF 7/23/13 BY MAYOR MURPHY “Request City Manager develop a plan to increase the visibility and walkability of the western Canalway from the boulevard to Broadway and report on the status of the northern canal walkway.” No comment. COUNCIL MOTION OF 7/23/13 BY COUNCILOR MERCIER “Request Mayor continue the supported and approved motion to introduce and highlight new businesses before the City Council.” No comment. COUNCIL MOTION OF 6/25/13 BY COUNCILORS LORREY AND MERCIER 3  “Request City Council name softball field #2 at Koumantzelis Field in honor of Keith Rudy.” C. Lorrey thanked Board of Parks. COUNCIL MOTION OF 7/23/13 BY MAYOR MURPHY “Request City Manager 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.” No comment. COUNCIL MOTION OF 7/9/13 BY MAYOR MURPHY “Request City Manager 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.” No comment. COUNCIL MOTION OF 7/9/13 BY MAYOR MURPHY “Request City manager 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.” No comment. COUNCIL MOTION OF 7/23/13 BY COUNCILOR MERCIER “Request the City Manager have proper department explain the procedure for how bills are activated after permits are issued.” No comment. COUNCIL MOTION OF 7/23/2013 BY MAYOR MURPHY “Request city manager 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.” No comment. COUNCIL MOTION OF 7/23/2013 BY MAYOR MURPHY “Request City Manager 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.” No comment. COUNCIL MOTION OF 7/23/2013 BY MAYOR MURPHY “Request City Manager 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. No comment. ” COUNCIL MOTION OF 7/23/2013 BY MAYOR MURPHY “Request the city manager arrange for seating in front of adult education center until a longer-term plan for the space can be developed.” No comment. COUNCIL MOTION OF 7/23/2013 BY COUNCILOR MERCIER 4  “Request the City Manager 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.” No comment. UPDATE TO COUNCIL MOTION OF 5/21/2013 BY MAYOR MURPHY “Request City Manager develop joint proposal with Register of Deeds to address vacant and abandoned properties through the attorney general's distressed properties Identification and revitalization grant.” UPDATE TO COUNCIL MOTION OF 5/21/2013 BY MAYOR MURPHY “Request City Manager explore potential of community design process for welcoming gateway and other sign age in neighborhood business districts.” No comment. COUNCIL MOTION OF 6/25/13 BY COUNCILOR NUON “Request City Manager have proper department review and report on current Worker’s Compensation policy.” No comment. UPDATE TO COUNCIL MOTION OF 4/16/13 BY COUNCILOR KENNEDY “Request City Manager report to Council on schedule and scope of Municipal Lien Auction for 2013.” No comment. COUNCIL MOTION OF 7/9/13 BY COUNCILOR MARTIN “Request City Manager provide update on impact of state budget on the recently adopted City Budget.” No comment. COUNCIL MOTION OF 6/11/13 BY COUNCILOR MERCIER “Request Law Dept. begin the process of abandoning Worcester Road.” C. Mendonca requested further information on the matter. Solicitor O’Connor outlined concerns with abandonment. COUNCIL MOTION OF 7/23/13 BY COUNCILOR MERCIER “Request Law Dept. provide update regarding motion adopted on 6/11/13 to abandon Worcester Road.” UPDATE TO SUBCOMMITTEE MOTION OF 6/25/13 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. Elliott noted Council voted to have ordinance on the moratorium and it should be before them. Solicitor O’Connor commented that upon review there were consequences to a moratorium. C. Elliott noted it was a directive from the Council. Manager commented that the responsible thing to do is to inform the Council of any consequences of a vote. C. Lorrey commented on manufacturing element of the new law. Adam Baacke (DPD) outlined the square footage needs and also commented on the moratorium. C. Lorrey requested report from LPD regarding position with moratorium. C. Mendonca questioned position with no 5  moratorium and holding steady as to what is currently in place. Mr. Baacke spoke to current zoning and the protection it affords and any changes that may be needed would not be time consuming. C. Mendonca noted there are safeguards in place without a moratorium. C. Nuon commented the goal was to gather information and that is what is being provided. C. Nuon questioned economic benefit that may be derived. Mr. Baacke commented on economic benefit of dispensaries and manufacturing. C. Martin questioned the time line of the law moving forward. Mr. Baacke outlined two phase State application process and noted there is no telling how State will proceed with the matter. C. Elliott noted it was a violation of the Charter to reconsider something which has already been voted on. Solicitor O’Connor noted the issues speak to public safety and not economic benefit and that there still needs to be a vote on the moratorium. C. Mercier likened the situation to Worcester Road abandonment and the opinion of the Solicitor that such would not benefit the City. C. Kennedy understood both sides of the issue and noted the common goal should be to prepare the City for any impact of the law. C. Kennedy recommended that the Committee of the Whole or a Subcommittee could further review the matter. Motion by C. Mendonca, seconded by C. Lorrey “to cease all actions regarding moving forward on a moratorium”. Approved on Roll Call vote 7 yeas, 2 nays (C. Elliott, C. Nuon). So voted. C. Elliott commented that such action is in violation of Open Meeting Law as there has been no notice given regarding the action. M. Murphy noted the item is on the agenda. COUNCIL MOTION OF 7/9/2013 BY MAYOR MURPHY “Request City Manager review annual city census form and consider update to include voluntary feedback and information which might strengthen community through emergency preparedness, skill-sharing And hyper-local economic development.” No comment. INFORMATIONAL City Bridge Repairs Memo. No comment. Lowell Open Space Plan 2013. No comment. Father Morrissette Striping and Parking Meter Update. No comment. Federal Reserve Bank of Boston Working Cities Challenge. No comment. Fowler Road Urban Agriculture Project. C. Lorrey requested more information. Mr. Baacke outlined the project. Motion by C. Leahy, seconded by C. Kennedy “to refer matter to Neighborhood SC.” So voted. Taxi Commission Update. No comment. Municipal Lien Auction. No comment. Enel Kearney Square Bridge Update. C. Leahy questioned reasons for delay. Manager outlined the conflict and reason for delay in reference to National Grid. Mr. Baacke spoke to issue. C. Kennedy questioned time line for phase 2. Communication - From City Mgr. request approval Out of State Travel (5) LPD. In Council, Read Motion by C. Lorrey, seconded by C. Mercier “To approve”. Approved on roll call vote 9 yeas. So voted. 6 Communication - Request of Lowell Retirement Board to increase stipend payable to City Treasurer to an amount of not more than $3,000 annually. In Council read and referred to Law Department to draft proper vote by Motion of C. Lorrey, seconded by C. Nuon. Adopted on Roll Call vote 8 yeas, 1 nay (C. Elliott). So voted. C. Mercier questioned the increase. Tom Moses (CFO) noted the vote only allows the board the ability to raise stipend and highlight the accomplishments of the City Treasurer. C. Elliott noted that members recently got increase in their stipends. C. Martin noted that if board were requesting it then most likely they will approve stipend. C. Kennedy questioned if it were the office working on books or is it the Treasurer. C. Mendonca questioned who would do it if Treasurer did not and also requested the job description of the Treasurer. C. Elliott questioned if members were working on city time for the board. Mr. Moses noted that some time is on city time. C. Elliott noted that one cannot collect two salaries. Manager noted that in this instance it was allowed. Sheryl Wright (City Auditor) commented that it is allowed by statute. C. Mercier noted the vote is to send to Law Department to draft vote. Communication - Reappoint Thomas Linnehan to the Planning Board. In Council, Read Motion by C. Kennedy, seconded by C. Leahy “To approve”. Approved on roll call vote 9 yeas. So voted. Communication - Accept resignation of Maria Cunha from Immigration Commission. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Lorrey. So voted. C. Lorrey requested a letter of recognition be sent to Ms. Cunha. Order - 60 day trial (Various). In Council, Read twice, Motion by C. Lorrey, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Mendonca, seconded by C. Mercier. Adopted on roll call vote 9 yeas. So voted. Vote - Apply/Accept/Expend Grant ($205,778) Green Community. In Council, Read twice, Motion by C. Nuon, seconded by C. Mercier “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. Order - Dedicate Deerfield and Stratham Sts in honor of Chester G. Colbath. 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 9 yeas. So voted. C. Mercier requested to be notified when the ceremony will take place. C. Mercier requested Henri Marchand (Asst. City Manager) to review replacement status of Flanagan veteran sign. Vote - Accept Gift (flooring & painting) Fire Dept. In Council, Read twice, Motion by C. Lorrey, seconded by C. Martin “to waive full reading.” So voted. Motion “to adopt” by C. Mendonca, seconded by C. Nuon. Adopted on roll call vote 9 yeas. So voted. 7 Vote - Plan change to JAM Plan. In Council, Read twice, Motion by C. Lorrey, seconded by C. Kennedy “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. Vote - Auth Mgr convey 324, 286, 224, 218 Middlesex St and 11, 5 Garnet Street and 16 Pearl St to James T. Lichoulas or his realty trust entities. 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. Mendonca. Adopted on roll call vote 9 yeas. So voted. C. Kennedy requested explanation of the vote. Solicitor O’Connor outlined reasons and noted it was housekeeping for settlement purposes. C. Martin noted this ends this litigation. REPORTS (Sub/Committee, if any) Public Safety SC August 13, 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 issued the report noting attendance and topics of code enforcement issues. Lowell Commission on Disability – C. Elliott issued a report of the monthly meeting noting various topics discussed. Motion by C. Lorrey, seconded by C. Nuon “To accept the report as a report of progress”. So voted. GENERAL PETITIONS Misc. - Evelyn Hally request (1) handicap parking sign at 7 Phoebe Avenue. In Council, Motion by C. Nuon, seconded by C. Mercier, “To refer to Traffic Engineer as amended.” So voted. Motion to Amend to 60 day trial by C. Mercier, seconded by C. Nuon. So voted Misc. - Kristina Leverone request (1) handicap parking sign at 7 Jewett Street. In Council, Motion by C. Mendonca, seconded by C. Mercier, “To refer to Traffic Engineer as amended.” So voted. Motion to Amend to 60 day trial by C. Mercier, seconded by C. Nuon. So voted Misc. - Thomas E.P. Sarantakis request to address City Council regarding the safety of handicap access of City sidewalks and bridges. In Council, read, referred to City Manager by Motion of C. Mendonca, seconded by C. Lorrey. So voted. MOTIONS By C. Leahy – “Req. City Mgr. give oral report regarding update on construction and completion date of the Kearney Square Bridge project.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy noted report. By C. Elliott - “Req. City council vote to send letter to Market Basket Corp. supporting Arthur T Demoulas as CEO.” In Council, withdrawn by C. Elliott. By C. Elliott - “Req. City Mgr. report on status of paving streets in South Lowell.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott 8 submitted written petition of individuals requesting to move up paving list or be placed on list. (See Attachment #1: Petition to pave streets in South Lowell) C. Elliott noted that the streets of the petitioners are in bad shape and need attention. C. Martin requested general report of the paving plan. Manager outlined paving procedures and resources needed. C. Leahy noted Luce St. C. Lorrey noted Glenwood St. C. Kennedy commented that there should be no sign off on streets until the product is fully settled. By C. Elliott - “Req. City Mgr. have police chief address out of state registered vehicles and provide report on number of citations issued for illegally registered cars. ” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott noted enforcement should be done as a sense of fairness. Manager noted he would provide report. By C. Elliott - “Req. City Mgr. address parking, trash and noise issues at Heritage State Park.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Elliott noted it was a busy area and that there are complaints in the neighborhood which should be addressed. By C. Nuon - “Req. City Mgr. provide update regarding Butler School Project and the status of the developer.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Nuon noted developer has plead guilty and requested status on project. C. Elliott commented on background checks on the developers. Solicitor O’Connor noted that may be difficult to do and there are other means to do financial checking. C. Nuon noted the solicitor should look at issue and provide report. By C. Nuon - “Req. City Mgr. have proper department repair signal light pole at corner of Westford and School Street.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. By C. Kennedy - “Req. City Mgr. provide City Council with a semi-annual report pursuant to Chapter 844 of the Acts of 1975 regarding the status of the Central Business District.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Kennedy noted the exercise is worthwhile and should be done more often and can be used to stay connected with LDFC. C. Leahy questioned what the contents should be in the report. By C. Kennedy/C. Elliott - “Refer LPD Fleet Report dated July 10, 2013 to Public Safety SC for clarification and study.” In Council, read and referred to the Public Safety SC. So voted. C. Elliott noted there is a need for more information concerning the fleet. C. Kennedy commented it was discussed at budget time and there is a need for more answers. By C. Kennedy - “Req. City Mgr. consider holding an open-house to inform and invite residents to join boards and commissions.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Kennedy noted it could increase the pool of potential candidates. 9 By C. Kennedy - “Req. City Council recommend to NMCOG move forward with alternative 2, 4 and 6 and eliminate alternative 5 from consideration regarding the Rourke Bridge Project. ” In Council, seconded by C. Mercier, read and referred to the City Manager. Adopted on Roll Call vote 7 yeas, 2 nays (C. Martin, C. Mendonca). So voted. C. Kennedy outlined discussion with C. Lorrey who is on board at NMCOG. C. Lorrey noted that NMCOG are still receiving report and that there is much discussion about project. C. Mercier noted alternative 5 was most expensive and unfair to neighborhoods. C. Mendonca commented that alternative 5 was most flexible and the best alternative. By C. Lorrey - “Req. City Mayor draft a letter to the Governor from the Council asking that he release the money designated for the cities and towns in Massachusetts.” In Council, seconded by C. Mercier, read and referred to the Mayor. So voted. C. Lorrey noted he is looking to speed up process. Motion to suspend Rule 5 of the Council Rules to go beyond 10:00 PM by C. Mercier, seconded by C. Nuon. Motion failed with 2 nays (C. Elliott, M. Murphy). So voted. Remaining matters to be brought forward at following meeting on August 27, 2013. Motion to Adjourn by C. Kennedy, seconded by C. Martin. So voted. Adjourn at 10:00 PM. Michael Q. Geary City Clerk Attachment #1: Petition to pave streets in South Lowell. 10