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 29, 2013 Time: 6:35 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS 1.1. 2013 / 327 - Communication – Mayors’ Institute on City Design. Citation – Recognizing Herman Kabakoff, CFO Cortron as new business in the City. Proclamation – Girl Scout Day. Citations – Recognizing Raven Markgren, Katy Baird and Marina DiGiovanni of Girl Scout Troop 60273 for the project (placing no littering signs in the City’s parks) that earned them the Bronze Award. Communication – Regarding letters per request of C. Lorrey. Roll call showed 9 present. Mayor Murphy Presiding. Communication – Mayors’ Institute on City Design. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. Citation – Recognizing Herman Kabakoff, CFO Cortron as new business in the City. In Council, Mayor read and presented citation to Herman Kabakoff who addressed the Council. Proclamation – Girl Scout Day. In Council, Mayor read and presented proclamation. Citations – Recognizing Raven Markgren, Katy Baird and Marina DiGiovanni of Girl Scout Troop 60273 for the project (placing no littering signs in the City’s parks) that earned them the Bronze Award. In Council, Mayor read and presented citation. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 12) Communication – Regarding letters per request of C. Lorrey. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Mendonca. So voted. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 328 - Minutes of City Council Meeting October 22nd; Finance SC October 22nd, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Mercier. So voted. Motion to Suspend Rules to take item # 8.2 and # 8.3 out of order by C. Lorrey, seconded by C. Leahy. So voted. UTILITY PUBLIC HEARINGS 3. - UTILITY PUBLIC HEARINGS 3.1. 2013 / 329 - National Grid – (2) Pole Locations Industrial Ave East, Gorham Street (Boston Road). In Council, Given 2nd Reading and hearing held. No Remonstrants. Michelle Stacey, representative from National Grid spoke in favor of the petition. Hearing closed. Motion by C. Nuon seconded by C. Lorrey “To refer to Wire Inspector for report and recommendation”. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2013 / 326 - Communications from the City Manager - Motion Responses and Informational Items Motion Responses Communications Summary A. Economic Development Division Business Welcome City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 12) B. Fluorescent Crosswalk Signage C. Report on Best Retail Practices for Small Businesses D. Wayfinding Signage for Cambodia Town E. City Council Emails F. Update - Report on Procedures for Posting Signage G. Update - Report on Butler School H. Verbal - Downtown Lights Informational Items I. Informational - LPD Overtime and Staffing J. Informational - Sean Harmon K. Informational - DCR L. Informational - LMA Concessions Contract Awarded In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. A. Economic Development Division Business Welcome. No comments. B. Fluorescent Crosswalk Signage. No comments. C. Report on Best Retail Practices for Small Businesses. No comments D. Wayfinding Signage for Cambodia Town. C. Nuon commented on report regarding location of sign. Adam Baacke (DPD) noted that MASSDOT would not place sign as indicated due to their regulations and that it could be done locally. E. City Council Emails. No comments. F. Update - Report on Procedures for Posting Signage. C. Leahy questioned the Steadman St. sign and commented that it should be done correctly the first time. G. Update - Report on Butler School. C. Kennedy noted the report and commented that there is no activity on the site. Mr. Baacke commented on where the developer was in the permitting process. H. Verbal - Downtown Lights. C. Leahy questioned why lighting was different. Henri Marchand (Asst. City Mgr.) noted that lights were not ordered all together. Informational Items I. Informational - LPD Overtime and Staffing. Motion by C. Martin, seconded by C. Nuon “to refer report to Public Safety SC.” So voted. Erik Gitschier, registered speaker, addressed the Council regarding report and community policing. C. Mercier commented on report regarding overtime. C. Leahy commented the report needed more analysis and that Public Safety SC City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 12) would provide that and he further commented that there should be more information out there regarding actions of the police. Manager noted there would be more press conferences to reinforce the message. Manager noted that overtime should be viewed as a strategy for short run and that Smart Policing continues to be in place. C. Nuon noted there should be more police and new funding for that goal. C. Elliott questioned where the funding would come from to put more officers on the streets. Manager noted it would not be done by tax increase this year. C. Elliott commented on overtime and tracking it and prioritizing what works best for the City. C. Lorrey commented on new hires. C. Kennedy noted that Community Policing should still be viable and connected with Smart Policing to put more officers on the streets. C. Kennedy commented there should be more communication with potential retirees to prepare for their departure. Manager noted he favors community policing and that there is communication with retirees before they leave. C. Mercier commented that laws should be strengthened and enforced more rigorously. C. Elliott noted that the amount of officers has decreased since 2009. C. Elliott questioned the Auditor’s report. Auditor outlined the report provided to Council. J. Informational - Sean Harmon. Mr. Harmon provided Council with a report regarding work in chamber including design plans. Motion to accept the report as a report of progress by C. Nuon, seconded by C. Mendonca. So voted. K. Informational – DCR. No comments. L. Informational - LMA Concessions Contract Awarded. Mr. Baacke outlined contract and procedure. C. Lorrey noted it was a local company. C. Mercier noted local company and the procedure not to exclude caterers from doing business. 4.2. 2013 / 340 - Communications from the City Manager - Out of State Travel Requests 1. PML – Eldred C. Kennedy questioned the out of state travel of police superintendent. Manager responded that no city funds were used in that travel. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 12) Mercier, Rita M. x x Nuon, Vesna E. x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2013 / 344 - Vote-Transfer-35K Cemetery In Council, read twice, Motion to “waive full reading” by C. Lorrey, seconded by C. Leahy. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x 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 5.2. 2013 / 345 - Vote-Transfer $14,800 Elections In Council, read twice, Motion to “waive full reading” by C. Mendonca, seconded by C. Lorrey. So voted. C. Mendonca commented that the transfer is within the department. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x x Kennedy, Edward J. x x Leahy, John J. x Lorrey, Martin E. x Martin Jr., William F. x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 12) Mercier, Rita M. x Nuon, Vesna E. x ORDINANCES FROM THE CITY MANAGER 6. - ORDINANCES FROM THE CITY MANAGER 6.1. 2013 / 339 - Ordinance-Amend Zoning (C&F Realty Trust) Extend TTF District to include 122 and 130 Andrews St and 180 Moore St. In City Council, Motion by C. Nuon, seconded by C. Mendonca “to waive full reading”. So voted. Given 1st Reading, referred to Planning Board for report and recommendation by Motion of C. Martin, seconded by C. Lorrey. So voted. Referred to public hearing December 3, 2013 at 7 PM by Motion of C. Nuon, seconded by C. Martin. So voted. 6.2. 2013 / 341 - Ordinance-Amend c. 222-create new s.222-15 Panhandling In City Council, Motion by C. Mercier, seconded by C. Lorrey “to waive full reading”. So voted. Given 1st Reading, referred to public hearing November 12, 2013 at 7 PM by Motion of C. Kennedy, seconded by C. Lorrey. So voted. 6.3. 2013 / 343 - Ordinance-Amend Ch. 260 entitled Trees In City Council, Motion by C. Lorrey, seconded by C. Martin “to waive full reading”. So voted. Given 1st Reading, referred to public hearing November 19, 2013 at 7 PM by Motion of C. Kennedy, seconded by C. Lorrey. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2013 / 330 - Economic Development SC October 29, 2013. Rules SC October 29, 2013. In Council, C. Martin outlined Economic Development Subcommittee meeting regarding the presentation made to the Lowell Plan outlining strategies for economic development and results. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 12) Motion by C. Kennedy, seconded by C. Mendonca to accept and adopt the report as a report of progress. So voted. In Council, C. Kennedy outlined meeting of the Rules Subcommittee regarding policy changes to moment of silence requests to have Mayor include all who have passed the prior week in a moment of silence. Motion by C. Kennedy, seconded by C. Leahy “to request Mayor have a moment of silence for city residents who have passed away the prior week at the outset of each meeting.” So voted. Motion to suspend rules by C. Lorrey, seconded Mendonca “to take item # 9.3 (M. Murphy motion to restore tree canopy on Newhall Street.) out of order.” So voted. 7.2. 2013 / 331 - Wire Insp. - National Grid - Underground Conduit Sixth Street. Wire Insp. - National Grid and Verizon New England - Pole Location Stedman St. In Council, wire inspector report (Sixth Street) read and adopted accompanying order by Motion of C. Nuon, seconded by C. Mendonca. So voted. In Council, wire inspector report (Stedman Street) read and adopted accompanying order by Motion of C. Lorrey, seconded by C. Martin. So voted. C. Leahy requested update report regarding “double” poles. PETITIONS 8. - PETITIONS 8.1. 2013 / 334 - Claims (1) claim for property damage. In City Council, claim referred to Law Department for report and recommendation by Motion of C. Mercier, seconded by C. Mendonca. So voted. 8.2. 2013 / 335 - Misc. – UMass-Lowell request for traffic pattern changes on Fletcher and Whiting Streets. In City Council, referred to the Traffic Engineer/Law Department for report, recommendation and order by Motion of C. Lorrey, seconded by C. Martin. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 12) 8.3. 2013 / 342 - Misc. – UMass-Lowell request “pedestrian easement” and “drainage easement” at Wilder and Broadway Streets. In City Council, referred to the Law Department to draft proper vote by Motion of C. Nuon, seconded by C. Lorrey. So voted. 8.4. 2013 / 332 - National Grid – Underground electric to two locations onto property at 585 Merrimack Street. In Council, Given 1st Reading, Motion by C. Elliott, seconded by C. Nuon to refer to public hearing on November 5, 2013 at 7 PM. So voted. 8.5. 2013 / 333 - National Grid and Verizon New England – Pole Location 1 Perkins Street. In Council, Given 1st Reading, Motion by C. Kennedy, seconded by C. Lorrey to refer to public hearing on November 5, 2013 at 7 PM. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2013 / 336 - C. Elliott – Req. City Mgr. provide a report regarding the use of police informants. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott requested procedure that is used. Mayor Murphy relinquished the Chair to Vice Chair Mendonca at 8:45 PM. 9.2. M. Murphy – “Req. Manager report on plans for City Hall renovation as site for archival research and current public policy research and development.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted the attic space should be utilized with the renovations. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 12) M. Murphy – “Req. Manager review historic district guidelines and work with Historic Board to initiate wider public discussion of appropriate flexibility for an evolving and innovating city.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy commented on adding more flexibility in regards to art and new construction by having discussions with the board. M. Murphy – “Req. Clerk report on progress on goals and objectives, and potential for making office more enterprising, in partnering with Historic administrators on genealogical packages, improving online presence, etc.” In Council, seconded by C. Nuon, read and referred to the City Clerk. So voted. M. Murphy commented on RFP preparation for scanning backlog as well as future plans for the office. C. Mercier noted the report could be given at monthly meeting. M. Murphy – “Req. Auditor report on progress developing procedures to track disposed or transferred fixed city assets.” In Council, seconded by C. Martin, read and referred to the Auditor. So voted. M. Murphy – “Req. Manager provide overview of process for oversight of compliance with special permit conditions and develop plan for greater compliance in the future.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy commented on need for stricter enforcement of conditions. M. Murphy – “Req. Manager consider conducting staff survey in conjunction with the staffing study to obtain feedback not only about how the city might run more effectively but also how it might continually recruit, develop and retain and talented group of workers.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy commented it was important to do regularly and alongside new personnel ordinance. M. Murphy – “Req. Auditor report on 2010 outside audit recommendation for internal audit function in the context of the next staffing study by the administration.” In Council, seconded by C. Nuon, read and referred to the Auditor. So voted. M. Murphy noted it was needed to bring full resolution to issue. M. Murphy – “Req. manager provide analysis of school and municipal human resource departments, and potential adoption of MGL 71, section 37M allowing for the consolidation of administrative functions within a city.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy commented it should be explored to see if it would work and also there may be other improvements noted from the review. M. Murphy – “Req. Manager prepare application to Sustainable Cities Design Academy for planning staff professional development and continued work on ecodistrict project.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted benefits of the program with no costs to the City and the use of it on ecodistrict project. M. Murphy – “Req. manager develop application for community innovation challenge grant to work with state to initiate ecodistrict program here and provide model for other City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 12) communities in the state of increased citizen involvement, interdepartmental collaboration and innovation, and government performance.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted it would be used to gather all available resources and to pull together all city and state agencies. 9.3. M. Murphy – “Req. manager conduct and map analysis of land uses on city's waterfront (rivers, canals, brooks) and identify specifically which parcels are city-owned and open for public use.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted the waterways are important assets in the City and there is a need to access them in order to open them up. M. Murphy – “Req. manager report on prior plan to improve the E.N. Rogers School campus with investment in stormwater management.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy noted prior plan for premises and commented on parts of project completed. M. Murphy – “Req. manager develop and implement plan to partially restore tree canopy to Newhall Street with staggered bump-outs on both sides of the street where feasible.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. M. Murphy presented before and after pictures of the area noting the need to increase the canopy on the street. M. Murphy referenced the MIT plan. C. Lorrey commented on the canopy. C. Leahy commented on plan and parking available. C. Martin noted there should be neighborhood input on any plan. C. Kennedy commented improvements should include more trees. Manager commented on including new trees in the budget to replace removed trees. C. Mercier commented on the damage that was done by the prior trees. C. Martin noted the prior trees caused a serious concern. C. Lorrey noted there may a less intrusive tree to plant. C. Elliott noted there are other areas with similar problems. M. Murphy noted the public good must be protected and the design should be what is best for the City as a whole. M. Murphy – “Req. manager report on the status of the Coal Pocket building at 246 Market Street, and potential for feasibility study of a municipal renovation and reuse.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy commented on the building location and how there should be investment in public places. M. Murphy – “Req. manager draft zoning change to reduce minimum parking requirements or create maximum parking requirements in applicable areas served by public transit and strong pedestrian and bicycle infrastructure.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy noted parking problems are prevalent and less parking would improve the walkability of the city as well as developments in the city. C. Kennedy noted Cambridge follows the plan but they are smaller and have a much larger public transit system. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 12) M. Murphy – “Req. manager examine use of parking enterprise capital funds for investment in maintaining and strengthening pedestrian and bicycle infrastructure in the downtown and neighborhood business districts.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy commented you could improve walkability in the City without negatively effecting parking. M. Murphy – “Req. manager report on potential for bike station downtown in vacant storefront both to gauge demand for public amenity and to possibly increase traffic for private investment.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy noted it could be done temporarily as in other communities to gauge support. M. Murphy – “Req. Manager name bus shelter to be constructed in front of the Lowell Senior Center in honor of George B. Murphy, Jr.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented on the request by family and noted the biography of Mr. Murphy and further noted it is a great way to honor his memory. M. Murphy – “Req. City Manager have the Law Dept. draft Wage Theft Ordinance to protect lower-wage workers in our community.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted it would protect wages of the people in the City. CITY COUNCIL - UNANSWERED/NON- RESPONSIVE 10. - CITY COUNCIL - UNANSWERED/NON-RESPONSIVE 10.1. 2013 / 338 - M. Murphy – Req. City Council adopt resolution in support of the Earned Pay Sick Time Act (HB 1739, SB 900) in order to provide minimum protections for often lower income private sector workers now more than afforded to those in city government. In Council, seconded by C. Nuon, read and referred to the Manager. So voted (1 nay C. Mendonca). M. Murphy noted it is done to support those without sick time as the City further commenting there are costs to program but there are benefits as well. C. Mercier questioned sick banks available in the City. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Lorrey. So voted. Adjourn at 9:20 PM. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 12) Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov