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 08, 2013 Time: 6:51 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2013 / 278 - Minutes of City Council Meeting October 1st, for acceptance. Roll call showed 8 present, 1 absent (M. Murphy). 6:51 PM. C. Mercier requested moment of silence in darkened chamber for Joseph “Joe” Coupal. Vice Chair Mendonca Presiding. In Council, read, accepted as amended and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. COMMUNICATIONS FROM THE CITY MANAGER 2. - COMMUNICATIONS FROM THE CITY MANAGER 2.1. 2013 / 275 - Communications from the City Manager - Motion Responses and Informational Pieces Communication Summary a. Batting Cages @ Hadley Park b. Name Garden on University Ave. after Armand Lemay c. Gate/Fence @ South Common Pool Bathroom d. Parking Placard Ordinance Enforcement e. Sidewalk Feasibility Study f. Drug/Alcohol Presentations 2X per year g. Molly/Club Drug Awareness City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. Manager recognized and presented citation to Library Director and three members of the Lowell Fire Department for apprehension of criminal at the library. A. 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 bench at Hadley Park.” C. Lorrey recognized progress on work being done. B. UPDATE TO 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. C. COUNCIL MOTION OF 9/24/2013 BY COUNCILORS LORREY AND MERCIER: “Request the City Manager have proper department install a gate or a fence in front of the bathroom located at South Common Pool on South Street.” C. Lorrey noted the work is completed. D. COUNCIL MOTION OF 9/24/2013 BY COUNCILOR LORREY: “Request the City Manager have proper department conduct a study regarding the feasibility of placing sidewalks on Douglas Road and on Pine Street between Westford Street and Princeton Boulevard.” C. Lorrey recognized the studies being done with public input. C. Mercier noted the need for residents’ input. Manager commented it would be done by a survey and further commented on the costs of the project. C. Leahy commented that it is important to look at the feasibility of the project. C. Kennedy requested Douglas Rd. be on the paving list. E. COUNCIL MOTION OF 8/27/2013 BY COUNCILOR LEAHY: “Request the City Health Department work with the Lowell Public Schools to ensure that twice a year an alcohol and drug prevention presentation takes place.” F. COUNCIL MOTION OF 9/10/2013 BY COUNCILOR LORREY: No comments. “Request the City Manager have the Police Department and Health Department develop a policy regarding so called “club drugs” such as Acetyl Fentanyl and MDMA (molly).” C. Lorrey noted the report. G. COUNCIL MOTION OF 8/13/13. BY C. ELLIOTT: “Req. City Mgr. address parking, trash and noise issues at Heritage State Park.” No comments. H. FOLLOW UP TO COUNCIL MOTION OF 6/25/13. BY C. NUON: “Req. City Mgr. have proper department re-pave Johnson St.” C. Nuon recognized the completion of the project. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) I. INFORMATIONAL Update on Council Chamber Renovation. No comments. Recycling Fall Newsletter. No comments. RESOLUTIONS FROM THE CITY MANAGER 3. - RESOLUTIONS FROM THE CITY MANAGER 3.1. 2013 / 277 - Resolution-Support restoration of Council Chambers In Council and read twice. C. Mercier noted it was public/private partnership at its best and her concern regarding the proposed art work had been resolved. C. Kennedy noted his request for a budget was received from the private donor but not from the administration. Manager Lynch commented that they would allow the donors to raise the money and to do as much work as possible and that the City would supplement it or add to it through the budget. C. Elliott noted there is more detail needed regarding the budget and costs. C. Lorrey noted there should be a council member involved with the process and that C. Leahy has initiated the program. C. Kennedy noted C. Leahy should be part of the oversight of the process. Vice Chair Mendonca noted he would forward name to Mayor who will make the appointment. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. Mendonça, Joseph M. 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 x Nuon, Vesna E. x REPORTS (SUB / COMMITTEE, IF ANY) 4. - REPORTS (SUB / COMMITTEE, IF ANY) 4.1. 2013 / 279 - Public Safety SC 10/8/2013. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) In Council, C. Martin reported regarding the Public Safety SC noted that not all agenda items were reached. C. Martin commented the discussion centered on the recent shootings the steps the LPD were taking to prevent the problem. C. Martin commented on Smart Policing and other initiatives by the LPD including a video van in the City. C. Martin commented that the Council was committed to solving a challenging problem. C. Mercier noted that the City and the LPD are doing a terrific job and that there is always more work to be done. C. Elliott noted that the number of police officers on the street needs to be increased and requested a report on total number of officers in the 11 districts. C. Leahy noted that increased visibility should be part of the solution. C. Lorrey requested a report of the costs of adding 10 more officers to the department comparing it to the costs of overtime. Manager noted that overtime appears to be more efficient manner in dealing with the issue. C. Kennedy noted there is a need to know the exact amount of officers in the streets to begin to assess the needs and that the report would be helpful in assessing overtime versus hires. Manager noted that it would probably be hybrid of both. C. Nuon commented that the overtime/hiring issue needs analysis and should be viewed in terms of Smart Policing. C. Kennedy commented on the police vehicle report noting there are a lot of vehicles present from different years and the report should include the amount of vehicles and how the City came about them. C. Leahy commented on recent panhandling trends. City Solicitor O’Connor outlined the legal challenges dealing with the issue. Motion by C. Nuon, seconded by C. Mercier to accept and adopt the report as a report of progress. So voted. C. Lorrey noted there would be and Educational Partnerships SC on 10/15 at 5 PM regarding the presentation of UML to the Lowell Plan. PETITIONS 5. - PETITIONS 5.1. 2013 / 271 - Claim - (1) Property Damage In City Council, referred to Law Department for report and recommendation by Motion of C. Nuon, seconded by C. Kennedy. So voted. 5.2. 2013 / 272 - Misc. - Tracy Theodos, Request handicap Parking Sign Temple Street. In City Council, referred as amended to the Traffic Engineer by Motion of C. Mercier, seconded by C. Martin. So voted. C. Mercier amended to 60 day trial with no objections. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) 5.3. 2013 / 273 - National Grid - (2) Pole Locations Industrial Ave. East & Gorham Street (Boston Road). In Council, Given 1st Reading, Motion by C. Lorrey, seconded by C. Martin to refer to public hearing on October 29, 2013 at 7 PM. So voted, 1 nay (C. Leahy). 5.4. 2013 / 274 - National Grid - Underground Conduit Sixth Street. In Council, Given 1st Reading, Motion by C. Nuon, seconded by C. Martin to refer to public hearing on October 22, 2013 at 7 PM. So voted, 1 nay (C. Leahy). 5.5. 2013 / 276 - National Grid and Verizon New England - Pole Location Stedman Street. In Council, Given 1st Reading, Motion by C. Nuon, seconded by C. Mercier to refer to public hearing on October 22, 2013 at 7 PM. So voted, 1 nay (C. Leahy). CITY COUNCIL - MOTIONS 6. - CITY COUNCIL - MOTIONS 6.1. 2013 / 280 - C. Martin - Request City Manager forward Lowell Plan presentation to council and Economic Development Subcommittee for discussion. In Council, seconded by C. Kennedy, read and referred to the Economic Development Subcommittee. So voted. C. Martin noted the presentation was important and the reports should be forwarded to the subcommittee. C. Elliott requested report from LDFC regarding funding. 6.2. 2013 / 281 - C. Mercier – Request City Manager have the sign shop put up the Francis P. McGee Way Sign on Boylston St. to the entrance of the J. G. Pyne School. In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Mercier noted the sign had been approved years ago and that the family is concerned as it is missing. C. Kennedy noted he probably voted on the original motion. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) 6.3. 2013 / 282 - C. Mercier – Request the City Manager have the Traffic Engineer re visit the traffic pattern at the J. G. Pyne School and install a Do Not Enter between 8:30AM – 9:30AM and 3:00PM – 4:00PM like it is at the other end of the street near the Lowell Cemetery. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Mercier noted the traffic pattern was fine but there may have to be alterations to accommodate the school. 6.4. 2013 / 283 - C. Mercier – Request the City Manager set up a meeting between the City Council and the Business Owner’s to establish how we can build a better relationship as well as a survey with members of the downtown business’s as to whether LHS students add to the financial spin-off for them or not. In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Mercier commented that the lines of communication should be open to see what works in the downtown. C. Lorrey commented on the panhandling issue in the downtown. C. Kennedy commented that there are a lot of people living downtown who are not present during the day and that vendors should gear there business time to when the residents would be in the area. C. Leahy noted that the vendors should adjust their times to events going on downtown as well and that each business should be part of the whole process. 6.5. 2013 / 284 - C. Elliott – Request City Council discuss website emails addressed to City Councillors. In Council, seconded by C. Kennedy, read and discussed on Council floor. So voted. C. Elliott expressed his concern that emails directed to Councillors were also sent to Manager and that is a policy which violates residents’ right to privacy. Manager noted that the practice started in 2005 to ensure timely responses to citizens’ concerns. C. Elliott noted there should be a level of privacy in the matter especially to the residents. Manager noted he had no preference to receiving them but that it made the process more effective. C. Kennedy commented that the public should know who is receiving the email and there should be no blind cc on these matters. C. Lorrey made a motion to allow Councillors to opt out of the system but garnered no second. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) 6.6. 2013 / 285 - C. Elliott – Request City Manager provide update on Code Inspectors Certifications. In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Elliott requested a report. 6.7. 2013 / 286 - C. Elliott – Request City Council discuss Out of State Travel Policy. In Council, seconded by C. Mercier, read and discussed on Council floor. So voted. C. Elliott requested report on policy and noted the Acting Supt. Of Police being on leave for extended time. Manager noted he was aware of the absence before he placed her in the current position. C. Elliott commented that was not proper management and that the employees needed stability of leadership at LPD. Manager noted that leadership was intact. 6.8. 2013 / 287 - C. Kennedy – Request City Manager update City Council on the forthcoming report on police vehicles. In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Kennedy noted the matter was addressed earlier in meeting. 6.9. 2013 / 288 - M. Murphy – Request City Manager explore development of Lowell Citizens Academy, similar to Lexington model, in order to increase civic engagement and understanding of municipal government. In Council, Motion by C. Leahy, seconded by C. Elliott to table matter. So voted. 6.10. 2013 / 289 - M. Murphy – Request City Manager develop welcome kit for new or returning residents to include information on public safety, recycling, voter registration, parking, and other important information to better connect with residents. In Council, Motion by C. Leahy, seconded by C. Elliott to table matter. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) 6.11. 2013 / 290 - M. Murphy – Request City Manager and economic development division work with City Clerk to develop similar welcome to businesses or prospective businesses on programs and services available either when business certificates are issued or requested. In Council, Motion by C. Leahy, seconded by C. Elliott to table matter. So voted. 6.12. 2013 / 291 - M. Murphy – Request City Manager present Council with analysis of how adoption of the Community Preservation Act would further open space and recreation, affordable housing and historic preservation goals; and outline options to place on the ballot, including a grid of various revenue scenarios, matching state revenue, and sector impacts depending on the percentage and exemptions proposed. In Council, Motion by C. Leahy, seconded by C. Elliott to table matter. So voted. 6.13. 2013 / 292 - M. Murphy – Request City Manager report on the potential of an initiative similar to the Best Retail Practices Program to support small businesses improve their online presence, possibly to be later aggregated and linked to Lowell.org site. In Council, Motion by C. Leahy, seconded by C. Elliott to table matter. So voted. 6.14. 2013 / 293 - M. Murphy – Request City Manager work with state delegation and sign department on state and local wayfinding signage toward Cambodia Town. In Council, Motion by C. Leahy, seconded by C. Elliott to table matter. So voted. 6.15. 2013 / 294 - M. Murphy – Request City Manager report on use of overtime for fire department, recommendations for achieving further reductions to station closings per shift, and prepare for discussion of long-term capital needs at a public safety subcommittee meeting. In Council, Motion by C. Leahy, seconded by C. Elliott to table matter. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) ADJOURNMENT 7. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Mercier. So voted. Adjourn at 8:35 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov