City Council

Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4007 www.LowellMA.gov Lowell City Council Michael Q. Geary City Clerk Regular Meeting Minutes Date: Oct 01, 2013 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS 1.1. 2013 / 270 - Proclamation – Lowell Commission on Disability recognizing October as National Disability Month. Roll call showed 9 present. C. Martin requested moment of silence in darkened chamber for Atty. James Curtis. Mayor Murphy Presiding. In Council Mayor made presentation of proclamation. Jeff Wilson, Chairman of the Commission, accepted the proclamation and addressed the Council. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 260 - Minutes of City Council Meeting September 24th, for acceptance. In Council, read, accepted as amended and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS 3.1. 2013 / 194 - Ordinance-Amend Zoning s. 4.3.6 construction trailers. In Council, read and referred to Public Hearing on October 22, 2013 at 7 PM by Motion of C. Lorrey, seconded by C. Leahy. So voted. GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 2013 / 199 - Loan Order - ($40,000,000.00) Wastewater. In Council, Given 2nd reading, Motion to “Waive Full Reading” by C. Nuon, seconded by C. Mercier. So voted. Hearing held. No remonstrants. Hearing closed. Speaking in favor were Scott Wyman, Lowell resident; Joe Hunger, Lowell Boys Club; and Bob Rousseau, Lowell resident. C. Mendonca noted the matter was before Finance Subcommittee and commented it was required spending per Federal Government and that the projects were spread out over time. C. Mendonca noted the attached rate increases associated with the loan order. Tom Moses, CFO, commented on debt and how it will be distributed to keep rated down. Manager Lynch noted that even after slight increases the rates are still among the lowest in the State. C. Mendonca commented that surrounding communities who are part of agreement will be sharing in the costs of these projects. C. Mercier questioned the billing process. Mark Young, Ex. Director of Wastewater, outlined the billing procedure. C. Mercier noted there was a federal mandate that must be followed. C. Martin noted that there have been other federal mandates in the past and there will be more in the future and commented that the division is working well with the EPA. C. Lorrey noted it was an old city which needs more work done on the infrastructure. C. Lorrey commented that the projects will bring relief to homeowners’ costs regarding flood insurance. Mr. Young outlined the federal mandates and consent order. C. Nuon noted rate increases would be for the next few years. Manager noted the increases were small over the next 3-4 years and there would be the possibility of rates not increasing as much as projected. C. Elliott disclosed he would be abstaining from the vote as he is employed by the EPA. VOTING City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x x Elliott, Rodney M. x Kennedy, Edward J. x x Leahy, John J. x Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x Nuon, Vesna E. x 4.2. 2013 / 200 - Loan Order - ($22,800,000.00) Water. nd In Council, Given 2 reading, Motion to “Waive Full Reading” by C. Lorrey, seconded by C. Leahy. So voted. Hearing held. No remonstrants. Hearing closed. C. Elliott noted matter was before the Finance Subcommittee and that the order did not anticipate any rate increases. Manager noted there is no anticipated rate increases. C. Elliott noted there have been several projects for the department. C. Martin noted the manner of billing and that there would not be much difference if rates were lowered as a result of others being raised. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. x Lorrey, Martin E. x Martin Jr., William F. x x Mercier, Rita M. x Nuon, Vesna E. x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) UTILITY PUBLIC HEARINGS 5. - UTILITY PUBLIC HEARINGS 5.1. 2013 / 211 - National Grid – install underground conduit from manhole to building at 27 Prescott St. In Council, Given 2nd reading, Motion to “refer to Wire Inspector for report and recommendation” by C. Mendonca, seconded by C. Lorrey. So voted. Hearing held. No remonstrants. Hearing closed. Speaking in favor were Michelle Stacy, National Grid and a representative of the Teen Center. COMMUNICATIONS FROM THE CITY MANAGER 6. - COMMUNICATIONS FROM THE CITY MANAGER 6.1. 2013 / 261 - Motion Responses Communication Summary a. Plan for Green Space at Flanagan Housing b. Cat's Alley c. Downtown Violence Report d. Police Details e. Rental Inspection Ordinance Informational Cooperation between Treasurer's and Dev. Service's Offices Qualitative Review of Liquor License businesses In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Kennedy. So voted. Manager introduced Sean Harmon who addressed the Council regarding rehab of the chamber. Motion to Suspend Rules to allow Mr. Harmon to speak by C. Lorrey, seconded by C. Mercier. So voted. Mr. Harmon commented on the project and noted updates. C. Mercier questioned the type of artwork that would be used. C. Martin thanked Mr. Harmon for his contribution. C. Elliott noted chamber needed upgrades and questioned the costs. C. Leahy commented on costs to the project. C. Kennedy commented on completion goal by end of year and the time frame of the project. C. Lorrey acknowledged the gift and thought it was important to move forward. C. Nuon noted the project should be supported. C. Elliott questioned use of tax money and requested information. Manager noted the money has been appropriated and the he would prepare vote for Council to endorse plan. C. Kennedy requested budget projections and time frames. Motion to accept and place on file by C. Mendonca, seconded by C. Lorrey. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) C. Mendonca noted the neighborhood committees are concerned with uptick in violence in the City. C. Mendonca commented that the police must deal with the perception as reality and reassess some areas. C. Lorrey noted that there should be more state involvement in this area. Manager noted the State Police have given assistance to the City at various times. C. Nuon noted the monthly meetings must continue regarding safety. C. Kennedy noted there have been increases in vandalism as well. C. Leahy questioned the time line of hiring new chief. Manager noted it would be toward end of month. C. Elliott noted people are concerned and that public safety is the number one priority. A. COUNCIL MOTION OF 8/13/2013 BY COUNCILOR NUON: “Request the City Council develop plan for green space at Flanagan Housing and work with the LHA and residents on cooperative agreement for its maintenance.” C. Nuon commented on the report. B. COUNCIL MOTION OF 9/10/2013 BY MAYOR MURPHY: “Request City Manager 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.” No comments. C. COUNCIL MOTION OF 8/27/2013 BY COUNCILOR ELLIOTT: “Request City Manager report on downtown violence.” C. Leahy commented on increasing patrols downtown instead of details. Manager noted it could be done and that costs could be put on businesses. Motion by C. Martin, seconded by C. Mendonca to refer items C, D and G together with C. Mercier’s motion regarding safety summit to Public Safety SC. So voted. D. COUNCIL MOTION OF 8/27/2013 BY COUNCILOR KENNEDY: “Request City Manager provide a report on any difficulty in filling police details as requested by eating and drinking establishments and explain the Police Department’s failure to provide a requested police detail on the weekend of August 16 to 18.” C. Kennedy commented on report noting only UML would share in detail work. E. COUNCIL MOTION OF 9/10/2013 BY MAYOR MURPHY: “Request City Manager report on the implementation of the rental inspection ordinance to date.” No comments. INFORMATIONAL F. Cooperation between Treasurer’s Office and Development Services. No comments. G. License Commission Motion Response. C. Martin noted the report and that it needs more work but the Commission was being more aggressive on oversight. 6.2. 2013 / 258 - Communication-Reappoint William D. Sheehan, Jr. to Council on Aging City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. x Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x x Nuon, Vesna E. x x 6.3. 2013 / 263 - Communication - Report and Recommendation from Planning Board RE: Proposed Amendment relative to Temporary Construction Trailers In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Leahy. So voted. 6.4. 2013 / 262 - a. LPD - K9 Training b. Wastewater Training VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. x Lorrey, Martin E. x x Martin Jr., William F. x Mercier, Rita M. x Nuon, Vesna E. x x ORDERS FROM THE CITY MANAGER City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) 7. - ORDERS FROM THE CITY MANAGER 7.1. 2013 / 259 - Order-60 day trial (Twelfth St.-39) In Council, Motion to “waive full reading” by C. Mendonca, seconded by C. Lorrey. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. x Lorrey, Martin E. x Martin Jr., William F. x x Mercier, Rita M. x Nuon, Vesna E. x REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) In Council, C. Mendonca noted there would be a Finance SC meeting on 10/22 at 5:30 regarding funding of the Senior Center lease. C. Elliott introduced member of Commission on Disability who informed Council of upcoming event. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Leahy. So voted. PETITIONS 9. - PETITIONS 9.1. 2013 / 264 - Claims (1) claim for property damage. In City Council, referred to Law Department for report and recommendation by Motion of C. Mercier, seconded by C. Nuon. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) 10.1. 2013 / 265 - C. Elliott – Req. City Mgr. have proper department investigate the installation of yellow fluorescent crosswalk signage at crosswalks located within school zones. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Elliott looking to increase safety at school crosswalks. Manager noted it was a good idea and that it would be done in school districts. C. Leahy commented on grants available for it. M. Murphy outlined the grants. 10.2. 2013 / 266 - C. Elliott – Req. City Mgr. have proper department enforce provisions of new parking placard ordinance. In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Elliott noted the concern with the old placards out there and there must be a plan to remove them. Manager noted there are several older placards that cannot be tracked and when they are discovered they are part of process to be removed. C. Kennedy noted the Parking Department handles these matters quickly. C. Mendonca noted two other areas of concern are signs with driveways as well as multiple signs. 10.3. 2013 / 268 - C. Elliott – Req. Election Department address signage issue at Pawtucket Memorial polling location. In Council, seconded by C. Kennedy, read and referred to the Manager/Election Dept. So voted. C. Elliott noted the change and requested reason for change. Chris O’Connor (City Solicitor) noted it was CORI issue as well as accessibility. C. Elliott noted there should be better signage. C. Kennedy commented on CORI issue. C. Lorrey commented the workers should have ID. 10.4. 2013 / 269 - C. Elliott – Req. Election Department provide a report and explanation regarding changes in polling locations. In Council, seconded by C. Kennedy, read and referred to the Manager/Election Dept. So voted. C. Elliott noted the movement of the polling places. Manager noted there would be no further moving for general election. City Solicitor outline procedure to adhere to state policy. 10.5. 2013 / 267 - C. Mercier – Req. City Mgr. have Departmental Services instruct owners to City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) make safe the area between 919 and 933 Varnum Ave. by cutting back the trees that are obstructing the view near D’Youville Manor. In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Mercier noted the matter has been done. C. Elliott noted the owners are willing to allow City on property to do this. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Lorrey. So voted. Adjourn at 8:30 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov