City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY SEPTEMBER 10, 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 John “Jack” Flood; Anne Golden; and Dr. Mark Bown. C. Lorrey requested moment of silence in darkened chamber for Pat Britton. C. Elliott requested moment of silence in darkened chamber for Brendan Evans. MAYOR’S BUSINESS Citation - Recognizing Heritage Properties. (Per request C. Lorrey). In Council, Mayor made presentation to recipient. Mr. Busch addressed the Council. Citation - Recognizing Debbie Daley of Debbie Daley Design and RAW Furnishings on grand opening on Market St. In Council, Mayor made presentation to recipient. Ms. Daley addressed the Council. Proclamation - March of Dimes recognition of October 3rd as Robert “Ziggy” Burns Day in Lowell. In Council, Mayor read proclamation and declared the day as Robert “Ziggy” Burns day. CITY CLERK Minutes of City Council Meeting August 27th; Finance SC September 3rd, for acceptance. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. CITY AUDITOR Communication – June and July Grants; and August Year to Date Budget Reports. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Nuon. So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Vote - Accept provisions of MGL c. 32 sec. 20(4)(h)-increase stipend of City Treasurer for services rendered as custodian of the funds of the retirement system. In Council, Given 2nd Reading. Hearing Held. Hearing closed. No remonstrants. Motion by C. Lorrey, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Mendonca, seconded by C. Nuon. Adopted on roll call vote 8 yeas, 1 nay (C. Elliott). So voted. C. Lorrey commented the vote allows the Retirement Board to make the decision regarding the stipend. C. Elliott questioned the City Treasurer regarding her duties. City Treasurer outlined her role and work. 1 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. Martin, seconded by C. Mendonca. So voted. C. Leahy questioned operation of garbage trucks and requested a time line on the Lexington Avenue project. COUNCIL MOTION OF 8/27/2013 BY COUNCILOR MARTIN: “Request the City Council support naming of new garden on University Avenue in honor of former mayor Armand Lemay.” No comments. COUNCIL MOTION OF 8/27/2013 BY MAYOR MURPHY: “Request the City Manager pursue participation of Centralville neighborhood in the federal Promise Zone initiative.” No comments. COUNCIL MOTION OF 8/27/2013 BY MAYOR MURPHY: “Request the City Manager report on the use of CDBG funding for senior center lease.” Motion by C. Mendonca, seconded by C. Lorrey to refer to Finance SC. So voted. COUNCIL MOTION OF 8/27/2013 BY MAYOR MURPHY: “Request the City Manager report on the work of the Youth Commission (Council).” No comments. COUNCIL MOTION OF 7/23/2013 BY COUNCILOR LORREY (UPDATE): “Request the City Council name basketball court at the Bowers Complex (Highland Park) in honor of Michael John Prestipino, Jr.” C. Lorrey thanked Board of Parks. COUNCIL MOTION OF 8/13/2013 BY MAYOR MURPHY: “Request City Manager develop capital plan for Cupples Square as a model for the complete streets concept including widened sidewalks, reconfigured crosswalks and parking, street trees and lighting, possible underground utilities, bike lanes and a bus stop.” Motion by C. Nuon, seconded by C. Mendonca to refer to Economic Development SC. So voted. COUNCIL REQUEST OF 8/13/2013 BY COUNCILOR NUON: “Request the City Manager provide update regarding Butler School project and status of the developer.” C. Nuon recognized the update. COUNCIL MOTION OF 8/13/2013 BY MAYOR MURPHY: “Request City Manager report on plans for Pawtucket Canal Walk extension and connections.” No comments. UPDATE TO COUNCIL MOTION OF 4/2/2013 BY COUNCILOR LORREY: “Request the City Manager have proper department install bullpen and batting cage areas near benches at Hadley Park.” No comments. 2  UPDATE TO COUNCIL MOTION OF 8/13/2013 BY COUNCILOR LORREY: “Request City Council name the L.H.S. football practice field at Cawley Stadium (Home of Lowell Pop Warner) in honor of “William Desmond, Jr.” C. Lorrey thanked Board of Parks. INFORMATIONAL Photovoice Invite – LPD. No comments. Garage Memo. Motion by C. Mendonca, seconded by C. Lorrey to refer to Municipal Facilities SC. So voted. Bikes for City Employees. No comments. Broadway Crosswalk Installation. C. Mercier recognized the crosswalk. Manager outlined the project. Household Hazardous Waste Day. No comments. Bond Upgrade Report. C. Mercier and C. Lorrey recognized the report. Manager outlined the report and spoke of future savings. Problem Property Report. C. Lorrey thanked Mr. Marchand for his input on the report. Liquor Licenses. No comments. PETITION RESPONSE Handicap Parking (3). No comments. Motion to Suspend Rules by C. Elliott, seconded by C. Mercier to speak on the Lowell Housing Authority (LHA) audit. M. Murphy noted the motion is out of order as the audit is not included on the agenda and suspension of the rules cannot be utilized to circumvent the open meeting laws. C. Elliott noted the matter was urgent and should be addressed at this meeting. M. Murphy noted the matter was not time sensitive and that the motion was out of order. C. Elliott commented on that position and noted the Mayor was not performing his duty. City Solicitor O’Connor upon request of M. Murphy noted the Chair has made the ruling and it may be appealed. M. Murphy declared C. Elliott out of order. C. Kennedy requested opinion of City Solicitor regarding violation of the open meeting law. City Solicitor O’Connor provide limited opinion and the Attorney General’s position that items need to be on the agenda to be addressed at the meeting and that motions or points of personal privilege cannot be used to circumvent the law. Motion by C. Elliott, seconded by C. Mercier to appeal the ruling of the Chair. Appeal failed on roll call vote 1 yea, 8 nays (C. Kennedy, C. Leahy, C. Lorrey, C. Martin, C. Mendonca, C. Mercier, M. Murphy, C. Nuon). So voted. 3 Communication - From City Mgr. request approval Out of State Travel (1) LPD, (1) COOL. In Council, Read Motion by C. Nuon, seconded by C. Mercier “To approve”. Approved on roll call vote 9 yeas. So voted. Communication - Accept resignation of Mark Briere (Election Commission). In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Martin. So voted. C. Martin questioned when the next appointment will be. Manager noted it would be before the general election. C. Elliott noted the polling changes. City Solicitor O’Connor outlined the notice procedures. C. Leahy questioned the reasons for changing. City Solicitor O’Connor outlined the reasons. Communication - Accept resignation of Kenmontee Parrish (Conservation Comm). In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Nuon. So voted. Communication - Appoint Colleen D. Brady, J. Haley and Carolyn Delehanty (Lowell Cultural Council). In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Mercier. So voted. Ms. Brady, Ms. Delehanty and Mr. Haley were present and addressed the Council. Order - 60 day trial (Various). In Council, Read twice, Motion by C. Nuon, seconded by C. Mercier “to waive full reading.” So voted. Motion “to adopt” by C. Elliott, seconded by C. Nuon. Adopted on roll call vote 9 yeas. So voted. Vote - Approve plan change to Acre Urban Revitalization and Development Plan. In Council, Read twice, Motion by C. Nuon, seconded by C. Martin “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. Leahy questioned the reasons for vote. Adam Baacke (DPD) noted changes to the plan were modest as it would allow the City to dispose of the property. C. Elliott noted the current zoning in the area. Vote - Apply/Accept/Expend Grant ($572,000.00) Mass. Exec Office of Energy and Environmental Affairs (Phase IIIA West of the Concord River Greenway). In Council, Read twice, Motion by C. Lorrey, seconded by C. Leahy “to waive full reading.” So voted. Motion “to adopt” by C. Elliott, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. Vote - Apply/Accept/Expend Grant ($1,500,000) FY14 MassWorks Infrastructure (Hamilton Canal). In Council, Read twice, Motion by C. Lorrey, seconded by C. Mendonca “to waive full reading.” So voted. Motion “to adopt” by C. Nuon, seconded by C. Martin. Adopted on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Finance SC September 3, 2013. (Vote to refer 40M Wastewater Loan Order and 22.8M Water Loan Order to public hearing). In Council, report given, Motion by C. Lorrey, 4 seconded by C. Mercier “To accept the report as a report of progress”. So voted. Motion by C. Mendonca seconded by C. Mercier “to refer 40M Wastewater Loan Order to public hearing on October 1, 2013 at 7 PM.” So voted. Motion by C. Mendonca seconded by C. Nuon “to refer 22.8M Water Loan Order to public hearing on October 1, 2013 at 7 PM.” So voted. C. Mendonca issued the report and noted attendance commenting that the subcommittee voted to refer matter to Council to refer both loan orders to a public hearing. GENERAL PETITIONS Misc. – Daniel Couture request City paint crosswalks at School and Liberty Streets, Liberty and Powell/Gath Streets. In Council read and referred to City Manager by Motion of C. Martin, seconded by C. Kennedy. So voted. Misc. – Robert K. Ahern (Member, RKACO, LLC) request City Council approve a water tie to the City of Lowell water main located in Pemberton St. for a (4) unit condominium complex located at 75 Pemberton St. Dracut, Ma. In Council read and referred to Law Department to draft proper vote by Motion of C. Lorrey, seconded by C. Mendonca. So voted. Mr. Ahern was present. Misc. – Laura Phillips request (1) handicap parking sign at 38 London Street. In Council, Motion by C. Mercier, seconded by C. Lorrey, “To refer to Traffic Engineer as amended.” So voted. Motion to Amend to 60 day trial by C. Mercier, seconded by C. Lorrey. So voted. UTILITY PETITIONS National Grid – install underground conduit from manhole to building at 27 Prescott St. In Council, Given 1st Reading, Motion by C. Mendonca, seconded by C. Nuon “to refer to public hearing on October 1, 2013 at 7 PM.” So voted. MOTIONS By C. Lorrey – “Req. City Mgr. have the Law Department issue an opinion on the policy of the combined City Council and School Committee selecting a board member for an open Greater Lowell Vocational School Committee seat.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Lorrey outlined the motion. C. Mendonca requested charter information and how to amend the charter to reflect any changes. By C. Lorrey – “Req. City Mgr. have the Police Department and Health Department develop a policy regarding so called "club drugs" such as Acetyl Fentanyl and MDMA (molly).” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Lorrey noted students are back in school and this provides added safety measures. By C. Lorrey – “Req. City Council adopt a policy of a moment of silence for all Lowell residents who have passed away the prior week.” In Council, seconded by C. Mercier, read and referred to the Rules SC. So voted. C. Lorrey noted it was to recognize all who 5 have passed in the City and that it would not take the place of the current practice. Motion by C. Kennedy, seconded by C. Lorrey to refer matter to Rules SC. So voted. 24. By C. Mercier – Req. City Mgr. provide a report from proper department on when it is permissible to call 911 and provide a review of the 911 recording of Tuesday September 3, 2013 at 11:45 PM.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Mercier outlined reason and requested report on 911 protocol. Manager commented he would review the matter. C. Elliott supported the motion and noted that the person seems to have acted properly. C. Kennedy questioned how calls are transferred within the communications center. M. Murphy relinquished Chair to C. Mendonca at 8:00 PM. By M. Murphy – “Req. City Mgr. in addition to implementing Adopt-a-lot program, mark properties as city-owned with signage, information, links to website with plans, and space for input from local residents.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted that information on site would make more people aware of the status of the property. By M. Murphy – “Req. City Mgr. report on the status of city-owned stone building on the Stoklosa School campus and abandoned block building on the Butler and Shaughnessy School campus.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted that buildings should be used in compliance with school needs. C. Lorrey commented on splash pad projects in the area. By M. Murphy – “Req. City Mgr. develop work plan with the Flats neighborhood to clear Cat’s Alley and reclaim stretch of city-owned land along west bank of Hale’s Brook on Chambers Street for construction of residential bike and pedestrian path, and eventual Lawrence Street crossing to Concord River Greenway.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy noted project could be accomplished with little resources. C. Lorrey commented on Cat’s Alley. Manager commented the whole area is being worked on. By M. Murphy – “Req. City Mgr. develop outreach plan with Lowell Community Health Center and other relevant partners to help residents become aware and take advantage of the upcoming Affordable Care Act Health Insurance Marketplace.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted grants can be used for outreach and get people coverage. By M. Murphy – “Req. City Mgr. report on implementation of rental inspection ordinance to date.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted need to be updated. Motion to Suspend Rules to allow person to speak by C. Mercier, seconded by M. Murphy. So voted. John Burke, out of city property owner, addressed Council. Motion to Suspend Rules to allow person to speak by C. Mercier, seconded by C. Lorrey. So voted. Priscilla Hinegrid, out of city property owner, addressed Council. C. Elliott commented on prior subcommittee 6 meetings regarding this issue. M. Murphy commented the focus must remain on the tenants. C. Mendonca relinquished the Chair to M. Murphy at 8:25 PM. EXECUTIVE SESSION 30. Executive session regarding pending litigation relative the ZBA’s decision in the Habit Opco application (methadone clinic), public discussion of which could have a detrimental effect on the City’s position. In City Council, Mayor informed public of reason to enter Executive Session, Motion by C. Mercier, seconded by C. Mendonca to enter session. Roll call vote, 9 yeas. So voted at 8:25 PM. Mayor informed public the body would adjourn from the Executive Session. Motion to Adjourn by C. Mercier, seconded by C. Nuon. So voted. Adjourn at 9:28 PM. Michael Q. Geary City Clerk 7