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 15, 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 / 300 - Proclamation – Lowell Food Security Coalition naming October 24, 2013 “Food Day” in the City of Lowell. Proclamation – Declaring the week of October 14-20, 2013 “Acre Family Child Care Week” in recognition of the Acre Family Child Care’s 25th anniversary. Communication – Members of the Hunger/Homeless Commission to address Council to promote their upcoming spaghetti supper, as well as discuss their work moving forward. Roll call showed 9 present. C. Martin requested moment of silence in darkened chamber for Ann E. Cullen. C. Mercier requested moment of silence in darkened chamber for Joseph Camara. Mayor Murphy Presiding. In Council, Mayor read and presented proclamation to member of Lowell Food Security Coalition who addressed the Council. In Council, Mayor read and presented proclamation to the owner of the Acre Family Child Care who addressed the Council. In Council, mayor read and presented proclamation to Troix Bettencourt of the Hunger Homeless Commission who addressed the Council and requested change in their charter to include member of the Council. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) CITY CLERK 2. - CITY CLERK 2.1. 2013 / 299 - Minutes of City Council Meeting October 8th; Public Safety SC October 8th, for acceptance. Communication - Dangerous Dog Report from Animal Control. In Council, Minutes read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Leahy. So voted. C. Leahy questioned the Dangerous Dog Hearing procedure, the Communication was read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Nuon. So voted. CITY AUDITOR 3. - CITY AUDITOR 3.1. 2013 / 301 - Communication – 1st Quarter 2014 Cash Controls Review. In Council, read, accepted as amended and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. C. Mendonca noted and commented on the report. UNFINISHED BUSINESS 4. - UNFINISHED BUSINESS 4.1. 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. Motion by C. Kennedy, seconded by C. Mendonca to remove items # 4.1 to # 4.7, inclusively from the table. So voted. Mayor Murphy relinquished Chair to Vice Chair Mendonca at 6:55 PM. In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy noted there was a good model to start the proposal. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 11) 4.2. 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, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy commented it was an educational tool for new residents. C. Leahy questioned what could be available on the City website. M. Murphy commented that this is a more pro-active approach. 4.3. 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, seconded by C. Kennedy, read and referred to the Manager. So voted. M. Murphy noted it was an educational tool for business and responsive to the businesses. C. Leahy commented it should be distributed to all businesses. 4.4. 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, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented it may be a better time to review the program and that it could add more resources to the City. 4.5. 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, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy noted it was part of an economic development effort. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) 4.6. 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, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented there must be a push to advertise the presence of Cambodia Town. C. Nuon noted that this is the next step to invest resources to advertise what is happening in Lowell. 4.7. 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, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted the goal was to reduce the number of station closings per shift. Vice Chair Mendonca relinquished the chair to Mayor Murphy at 7:11 PM. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2013 / 296 - Communications from the City Manager - Motion Responses and Informational Items Communication Summary A. Parking Placard Ordinance B. Immigrants Monument C. Shaw Street Stop Signs D. Signage on Varnum Ave. E. Update - Traffic Ordinance on Doane Street F. Local Dollar Program G. Procedures for Posting Signage on Properties H. Lowell Plan Presentation I. Pan-handling Issues J. Signage at Pawtucket Memorial and Location Changes in Elections Informational K. Traffic Control on Andover St. L. LMA Report City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Nuon. So voted. A. COUNCIL MOTION OF 10/1/2013 BY COUNCILOR ELLIOTT: “Request the City Manager have proper department enforce provisions of new parking placard ordinance.” No comment. B. COUNCIL MOTION OF 8/13/2013 BY COUNCILOR MERCIER: “Request City Manager 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.” Manager noted the work being done on City Hall Plaza regarding monuments. Rachel Agiorgitis (DPD) outlined the design plans as well as costs associated with them. C. Mercier questioned the time frame for projects and where monuments would go in the interim. C. Lorrey noted it was important to keep integrity of existing monuments. C. Martin commented design must be developed to preserve existing architecture. C. COUNCIL MOTION OF 9/24/2013 BY COUNCILOR LORREY: “Request City Manager have proper department look into possibility of placing stop signs on Shaw Street at various intersections that may require them.” C. Lorrey questioned report regarding changing the speed limits. Adam Baacke (DPD) outlined the setting of speed limits and the control over them. D. COUNCIL MOTION OF 9/24/2013 BY COUNCILOR LEAHY: “Request City Manager have proper department revisit the signage on Varnum Ave. as it pertains to children walking to and from school.” C. Leahy commented the signs should be geared to instruct children. E. UPDATE TO 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. F. COUNCIL MOTION OF 8/13/2013 BY COUNCILOR LORREY: “Request City Manager have proper department look into the possibility of developing a local dollar program in the city.” C. Lorrey made note of the report. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) G. COUNCIL MOTION OF 9/24/2013 BY COUNCILOR LEAHY: “Request City Manager have proper department report on procedures for posting signage on properties in accordance with building permits.” C. Leahy commented that there should be a quick inspection to ensure sign is posted properly. H. COUNCIL MOTION OF 10/8/2013 BY COUNCILOR MARTIN: “Request City Manager forward Lowell Plan presentation to Council and Economic Development Subcommittee for discussion.” No comment. I. COUNCIL MOTION OF 7/9/2013 BY COUNCILOR LORREY: “Request City Manager have proper department review ordinances or laws in the City regarding pan-handling and develop plan to prohibit and enforce same.” C. Lorrey questioned City Solicitor regarding laws. City Solicitor O’Connor outlined approach to drafting legislation. Motion by C. Lorrey, seconded by C. Kennedy to have Law Department proceed with drafting pan-handling ordinance. So voted. J. COUNCIL MOTION OF 10/1/2013 BY COUNCILOR ELLIOTT: “Request Election Department address signage issue at Pawtucket Memorial polling location.” No comment. K. COUNCIL MOTION OF 10/1/2013 BY COUNCILOR ELLIOTT: “Request Election Department provide a report and explanation regarding changes in polling locations.” No comment. L. INFORMATIONAL Traffic control on Andover Street – Response to Website Correspondence. No comment. LMA Report. C. Leahy noted report along with update of lighting. Manager commented on report. C. Mercier commented on lighting and keeping them clean. 5.2. 2013 / 311 - Communication-Appt Gerard Nutter-Election Comm. C. Elliott commented on appointment noting the applicant was not an unbiased individual and provided examples the applicant’s blog highlighting that fact. C. Elliot commented that the applicant was too close to the Manager and should not be approved. Substitute Motion by C. Elliott, seconded by C. Kennedy to refer matter back to Manager for new appointment. On motion C. Leahy questioned if examples were actual fact. Manager noted he has been criticized by the applicant and that he did not question his integrity when it comes to being an election commissioner. C. Lorrey commented on applicant and invited him to speak on the matter. C. Mercier questioned process of picking applicant City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) without going to Democratic Committee and commented on applicant’s qualifications. C. Kennedy commented on process and questioned if this was the Manager’s best choice. C. Martin noted the commission covers all elections in the City and that past commissioners have been vocal as well. C. Nuon noted that applicant could be impartial and that he should be afforded and opportunity. C. Mendonca noted you can look at the position and see if he could be impartial. C. Kennedy commented it is a reach to expect an individual to suddenly become impartial. C. Elliott noted it is about impartiality. Roll Call on Substitute Motion 2 yeas, 7 nays (C. Leahy, Lorrey, Martin, Mendonca, Mercier, M. Murphy, and C. Nuon). Motion failed. So voted. Motion to Suspend Rules to allow Mr. Nutter to speak. Roll Call vote. 2 nays (C. Martin, C. Elliott), motion fails. So voted. Upon approval of appointment Mr. Nutter addressed the Council. 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 x Mercier, Rita M. x Nuon, Vesna E. x VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2013 / 298 - Vote-Apply/Accept/Expend Grant ($6,750,000) Mass Prevention Wellness Trust Fund Grant through DPH In Council, read twice, Motion to “waive full reading” by C. Mercier, seconded by C. Lorrey. So voted. C. Martin questioned the programs and partners. Manager outlined all of the partners. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) 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 ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2013 / 297 - Order-60 day trial (Doane St) In Council, read twice, Motion to “waive full reading” by C. Mendonca, seconded by C. Martin. 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 Mercier, Rita M. x x Nuon, Vesna E. x REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2013 / 302 - Education Partnerships SC October 15, 2013. In Council, C. Lorrey issued report regarding UMass-Lowell presentation before the subcommittee. C. Martin noted it was a very informative meeting and commented on economic spin-off of a research university. C. Kennedy commented that the best is yet to come from the university. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) Motion by C. Mendonca, seconded by C. Mercier to accept and adopt the report as a report of progress. So voted. PETITIONS 9. - PETITIONS 9.1. 2013 / 310 - Claims (1) claim for personal injury, (1) claim property damage. In City Council, referred to Law Department for report and recommendation by Motion of C. Kennedy, seconded by C. Mercier. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2013 / 303 - C. Leahy – Req. City Mgr. have proper department move the bus sign located at 438 Varnum Avenue. In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy noted it was a constituent request. 10.2. 2013 / 304 - C. Leahy/C. Kennedy – Req. City Mgr. provide a quarterly report to Council on motion responses. In Council, no second needed, read and referred to the Manager. So voted. C. Leahy noted it will help track motions. 10.3. 2013 / 305 - C. Lorrey – Req. Mayor send a letter to Governor’s office as well as to congressional members (House and Senate) requesting an increase in mental health spending. In Council, seconded by C. Mercier, read and referred to the Mayor. So voted. C. Lorrey noted there is a need for increased spending in this area. M. Murphy requested more specific information to allow him to draft letter. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) 10.4. 2013 / 306 - C. Lorrey – Req. Mayor send a letter to our state representatives and Governor requesting a law be drafted to provide counseling for patients that are being removed from pain medications and other medications that may lead to long term addiction. In Council, seconded by C. Leahy, read and referred to the Mayor. So voted. C. Lorrey noted crime/drug connection and that motion speaks for itself. C. Elliott noted the goal is obvious but not sure how to address the matter by the motion. M. Murphy commented the motion is vague making it difficult to respond. 10.5. 2013 / 307 - C. Elliott – Req. City Mgr. present update on plans to fill position of Election Office Manager. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott noted the position has been open for a while. Manager noted it would remain the same until after this election cycle. C. Kennedy outlined the history of the position. Manager noted they may streamline the hearing officer and the position. C. Kennedy questioned hearing officer’s duties. Manager outlined the hearing procedures. 10.6. 2013 / 308 - C. Elliott – Req. City Mgr. modify Council email system. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott commented on Manager response regarding system. C. Elliott noted it was a privacy issue. Amended Motion by C. Elliott, seconded by C. Mercier to end procedure sending emails to City Manager addressed to City Councillors. On Motion, C. Lorrey did not have a concern of Manager receiving emails. Manager noted it was a good management practice to resolve issues. C. Martin noted the point is that the current system works well and that the all Council members receive the vast majority emails and that people sending the emails should be able to opt to have Manager receive it as well. C. Kennedy commented the Manager should devise a new system. C. Nuon noted the system is working and that people should be given the option as to where to send their emails. C. Leahy noted public should know where the emails are going. C. Mercier noted the current system cuts back on the red tape of government. C. Mendonca commented the sender should be aware of where the emails are sent but cautioned that emails can be part of public domain. C. Elliott noted he was in favor of allowing the public to choose where they want their emails sent and withdrew is amended motion. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) 10.7. 2013 / 309 - C. Elliott – Req. City Mgr. provide an update on trash contract. In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Elliott requested copy of the contract. Manager noted he would be making a presentation regarding contract at end of October. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Martin. So voted. Adjourn at 9:00 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov