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 22, 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 / 325 - Citation – Recognizing MVP Testing as a new business in the City. Citation – Recognizing Pastor Raffoul Najem for his charitable work he is undertaking with the Global Transformation Network. Roll call showed 9 present. Mayor Murphy Presiding. In Council, Mayor read and presented citation to Atty. Colleen Garry who represented MVP Testing and addressed the Council. The owners of the business addressed the Council as well. In Council, Mayor read and presented citation to Pastor Raffoul Najem who addressed the Council. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 315 - Minutes of City Council Meeting October 15th; Education Partnerships SC October 15th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Mendonca. So voted. Motion to Suspend Rules to take item # 8.1 out of order by C. Lorrey, seconded by C. Nuon. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 6) GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2013 / 194 - Ordinance-Amend Zoning s. 4.3.6 construction trailers. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Martin, seconded by C. Lorrey “To waive the full reading”. So voted. C. Mercier noted that 60 day time frame may be too long as well. Adam Baacke (DPD) addressed the time frame element noting that wrapping up jobs requires some time. C. Mendonca noted the ordinance is more restrictive. 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 x Leahy, John J. x Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x x Nuon, Vesna E. x UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2013 / 316 - National Grid – Underground Conduit Sixth Street. In Council, Given 2nd Reading and hearing held. No Remonstrants. David Boucher, representative from National Grid spoke in favor of the petition. Hearing closed. Motion by C. Mercier seconded by C. Martin “To refer to Wire Inspector for report and recommendation”. So voted. 4.2. 2013 / 317 - National Grid and Verizon New England – Pole Location Stedman St. In Council, Given 2nd Reading and hearing held. No Remonstrants. David Boucher, representative from National Grid spoke in favor of the petition. Hearing closed. Motion by C. Martin seconded by C. Lorrey “To refer to Wire Inspector for report and recommendation”. So voted. (1 nay – C. Leahy) C. Leahy noted the continuing issue with the “double” poles in the City. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 6) COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2013 / 322 - Motion Responses Communication Summary (a)Code Inspector Certifications (b)Bus Stop on Varnum Ave (c)Fletcher St. School Zone (d)Tree Trimming on Varnum Ave (e)Traffic Pattern at Pyne School (f)LPD Fleet Report Informational (g)LowellStat Report (h)ODonnell Splash Pad (i)Sean Harmon present choices RE Council Renovation Project Petition Response (j)Handicap Parking In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Lorrey. So voted. C. Kennedy requested update on Butler School project. (a)Code Inspector Certifications. C. Mendonca noted positive report regarding inspectors. Manager noted the progress in certification. (b)Bus Stop on Varnum Ave. C. Leahy noted the report. (c)Fletcher St. School Zone. C. Lorrey recognized the work being done to create a school zone. C. Leahy noted it was a good project to slow down the traffic. (d)Tree Trimming on Varnum Ave. C. Elliott noted the work done and that there is more work to do because it is a dangerous intersection and the work would have to be on private property. Manager noted follow-up with owners. (e)Traffic Pattern at Pyne School. No comments. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 6) (f)LPD Fleet Report. C. Kennedy commented it is before the Public Safety SC and he was looking for more information regarding how the vehicles were brought onboard. Manager commented he would provide further information. C. Mendonca commented on report and purchase of vehicles and noted that vehicles not in use should be removed from the inventory to free up parking space. C. Elliott questioned the number of vehicles being taken home by officers. Manager noted he would supplement the report and further noted that the number of vehicles allowed to be taken home has been drastically reduced. C. Nuon noted the Public Safety SC would be taking up the matter. C. Leahy commented on storage of vehicles in the Ayotte Garage. C. Kennedy commented his focus is on unmarked vehicles and how the City obtained them. C. Mercier noted it was a large list and that it should be discussed to see what is active and in-active. Informational (g)LowellStat Report. No comments. (h)ODonnell Splash Pad. C. Lorrey noted future opening. (i)Sean Harmon present choices RE Council Renovation Project. No comments. Petition Response (j)Handicap Parking. No comments. REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) 6.1. 2013 / 318 - Finance SC October 22, 2013. Wire Insp. - National Grid – install underground conduit from manhole to building at 27 Prescott St. In Council, C. Mendonca outlined Finance Subcommittee meeting regarding discussion of Senior Center funding noting the possible shifting of funding from CDBG to General Fund as well as outlining the necessity and benefits of that shift. Motion by C. Lorrey, seconded by C. Nuon to accept and adopt the report as a report of progress. So voted. In Council, wire inspector report read and adopted accompanying order by Motion of C. Mercier, seconded by C. Mendonca. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 6) PETITIONS 7. - PETITIONS 7.1. 2013 / 319 - Claims (1) claim for property damage. Misc. – Alicia Santos request (1) handicap parking sign at 151 Colburn Street. In City Council, claim referred to Law Department for report and recommendation by Motion of C. Lorrey, seconded by C. Leahy. So voted. In City Council, handicap parking request referred as amended to the Traffic Engineer by Motion of C. Mercier, seconded by C. Mendonca. So voted. C. Mercier amended to 60 day trial with no objections. So voted. CITY COUNCIL - MOTIONS 8. - CITY COUNCIL - MOTIONS 8.1. 2013 / 320 - C. Lorrey – Req. City Mgr. have the proper department develop recreation programs for individuals who fall under the ADA guidelines. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Lorrey noted the need for programs. Jeff Wilson, registered speaker, chairman of Commission of Disability, noted the benefits of the program and offered his assistance. Corey Erickson, registered speaker, noted support of the programs. 8.2. 2013 / 321 - C. Kennedy – Req. Law Department prepare proper vote to accept Section 16A of Massachusetts General Laws Chapter 51. In Council, seconded by C. Elliott, read and referred to the Manager. So voted. C. Kennedy commented it was not to be reflection on past but a motion to look forward. C. Kennedy outlined general laws regarding the selection of election commissioners. C. Elliott noted he favored the motion as last selection was improper. C. Mendonca noted law department will prepare vote and it will go to public hearing. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 6) 8.3. 2013 / 323 - C. Elliott – Req. City Auditor provide a report on overtime use in the Police Department. In Council, seconded by C. Kennedy, read and referred to the Auditor. So voted. C. Elliott commented the report will assist with analysis regarding overtime and hiring and requested report be broken down by individual. C. Lorrey commented on contractual element of overtime. Auditor Wright noted that she can issue report regarding overtime but not to where the officers were deployed. 8.4. 2013 / 324 - C. Elliott – Req. City Mgr. provide update on non-emergency fire signals. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott noted it was a motion filed in the past and questioned if contract was in place. Manager noted he would supply the report and that the contract was in place and they are working out some details of it. C. Elliott noted safety concerns and response to calls. Manager noted costs to the City. C. Elliott questioned pending litigation and City Solicitor commented they were waiting on signature of the agreement. C. Mendonca noted the presentation of Council Chamber renovation. Manager noted it was put off one week as Mr. Harmon was not available. C. Mercier commented on sale of Notinis to UMass-Lowell. Manager commented he had no knowledge of the sale. ADJOURNMENT 9. - Time for meeting to stand adjourned. Motion to Adjourn by C. Lorrey, seconded by C. Mendonca. So voted. Adjourn at 7:40 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov