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: Nov 12, 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 / 372 - Proclamation – To Gunther Wellenstein recognizing November 15th as Lowell Recycles Day. Roll call showed 8 present, 1 absent (M. Murphy). Vice Chair Mendonca Presiding. C. Mercier requested moment of silence in darkened chamber for George Cormier and all others who have passed in the City of Lowell for the prior week. Vice Chair Mendonca presented the proclamation to Mr. Wellenstein who addressed the Council. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 371 - Minutes of City Council Meeting November 5th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) CITY AUDITOR 3. - CITY AUDITOR 3.1. 2013 / 373 - Communication – (1) September and October Grants; (2) October Year To Date Budget Reports. In Council, read, accepted and placed on file by Motion of C. Leahy, seconded by C. Lorrey. So voted. C. Leahy questioned where lights would be used under the “green community” grants. Manager Lynch noted the long term plan is to replace all lights with LED lighting. Motion by C. Elliott, seconded by C. Mercier “to refer Free Cash FY 13 Report to Finance Subcommittee for review.” So voted. Motion to Suspend Rules to take item # 6.1 out of order by C. Martin, seconded by C. Lorrey. So voted. GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 2013 / 341 - Ordinance-Amend c. 222-create new s.222-15 Panhandling In Council, Given 2nd Reading and hearing held. Hearing closed. Motion by C. Nuon, seconded by C. Martin “To waive the full reading”. So voted. Speaking in favor was Corey Belanger. Speaking in opposition were Melbourne Moran, Deina Sau, Daniel Silk, Kenneth McLaughlin, Richard Edwards, Robert Abraham, Robin Maller, Rae Arpen and Troix Bettencourt. C. Mercier noted the purpose of the ordinance was to protect businesses and commented that certain rights end when her rights are violated. C. Nuon noted there were a lot of open ended questions and that the ordinance does not address the issue. C. Leahy commented that it ensure safety downtown and protects the district. C. Lorrey commented on fine element of the ordinance. Asst. City Solicitor Dave Fenton noted the officers have discretion during the arrest. C. Lorrey outlined the numerous problems that have occurred and that it is getting out of hand. C. Kennedy noted the reason for the ordinance was to resolve a problem and to improve the downtown district. C. Elliott noted the ordinance is here for a reason and that is to protect the businesses and that Lowell is a charitable city with a number of places that one can receive assistance. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. 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 4.2. 2013 / 249 - Ordinance-Amend Zoning (Rogers St) Extend TMU District In Council, Given 2nd Reading and hearing held. Hearing closed. Motion by C. Nuon, seconded by C. Lorrey “To waive the full reading”. So voted. Vice Chair Mendonca noted the Planning Board’s report and recommendation regarding this amendment. Speaking in favor of the ordinance were Colleen Wayman reading statement of support of Peter Wayman, Steve Paton, Steve Gendron, Terry Dillingham, Richard Coffey, T. McCarthy, Eric Nelson, Ellen Collins and Denise Coffey. Speaking in opposition were Louis Stylos, Dominic Intravaia, Richard Barrett, Lisa Koukos, Mr. Settero, and Mrs. Barrett. Motion by C. Kennedy, seconded by C. Lorrey “to refer to Zoning Subcommittee before vote for a report within three weeks as dictated by the Chairman”. So voted. On motion C. Kennedy commented that this article has not been before the body for as long as others have been dealing with the matter. C. Kennedy noted that there could be other areas excluded from the ordinance and that the ordinance could be altered further to appease all. C. Lorrey commented more information should be gathered to attain common ground. Motion to Suspend Rules to allow added speaker by C. Lorrey, seconded by C. Mercier. So voted. Terrey Dillingham readdressed the Council. C. Martin noted it has been a long haul but the Council involvement has been less. C. Martin noted another approach may be needed in order to get a consensus. C. Nuon supported motion and as Chair of the subcommittee he would move on matter as quickly as possible. C. Mercier noted the need for compromise but still had concerns. C. Lorrey requested report from Assessors and was informed by the Manager that such a report could not be generated by that office. Mr. Baacke commented that the report should be done by professional appraisers and that many factors would play into a proper and complete analysis. C. Leahy commented it was prudent to send to subcommittee. C. Elliott noted the frustration but would support referral to subcommittee. Motion to Suspend Rules to take item # 7.1 out of order by C. Mercier, seconded by C. Nuon. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2013 / 366 - Communications from the City Manager - Motion Responses and Informational Items Communication Summary Motion Responses a. Manager Develop Application for Community Innovation Challenge Grant b. Manager Review Historic District Guidelines and Work with Historic Board c. Recreation Programs Under ADA Guidelines d. Draft Zoning Change to Reduce Minimum Parking Reqs or Create Maximum Parking Reqs e. Provide Overview of Process for Oversight of Compliance with Special Permit Conditions f. Report on the Status of the Coal Pocket Building at 246 Market Street g. Potential for Bike Station Downtown in Vacant Storefront h. Update - Lowell Plan Presentation i. Verbal - DPD Provide Comparison of Regional Retail and TMU Zoning Districts Informational Items j. FY14 Financial Review k. LTC Board Nominees l. Crime Stoppers m. City of Lights n. SSR Implementation Presentation Petition Responses o. Request Traffic Pattern Changes on Fletcher Street and Whiting Street In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Lorrey. So voted a. Manager Develop Application for Community Innovation Challenge Grant. No comments. b. Manager Review Historic District Guidelines and Work with Historic Board. No comments. c. Recreation Programs Under ADA Guidelines. No comments. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) d. Draft Zoning Change to Reduce Minimum Parking Reqs or Create Maximum Parking Reqs. C. Leahy questioned the changes. e. Provide Overview of Process for Oversight of Compliance with Special Permit Conditions. No comments. f. Report on the Status of the Coal Pocket Building at 246 Market Street. No comments. g. Potential for Bike Station Downtown in Vacant Storefront. No comments. h. Update - Lowell Plan Presentation. C. Mercier thanked the department for the clearer version of the presentation. i. Verbal - DPD Provide Comparison of Regional Retail and TMU Zoning Districts. No comments. Informational Items j. FY14 Financial Review. No comments. k. LTC Board Nominees. C. Martin noted need for appointments and who would serve. l. Crime Stoppers. C. Nuon commented on rewards and the Manager outlined them. m. City of Lights. C. Mercier commented on event. n. SSR Implementation Presentation. Gunther Wellenstein, recycling director, outlined the history of the program and the progress made. Vice Chair Mendonca commented on pick-up times. C. Mercier commented on senior carts. Petition Responses o. Request Traffic Pattern Changes on Fletcher Street and Whiting Street. No comments. 5.2. 2013 / 367 - Communications from the City Manager - Planning Board Report 1. Communication - Report and Recommendation from Planning Board RE: Proposed Amendment extending the TMU zoning district to include the properties with frontage along Rogers Street (between and including 576 and 687 Rogers Street), 39 Whitehead Avenue, 551 Douglas Road and 458 Wentworth Avenue. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2013 / 368 - Order-60 day trial (various) In Council, read twice, Motion to “waive full reading” by C. Nuon, seconded by C. Mercier. So voted. C. Leahy questioned the Fletcher Street portion of the ordinance. Eric Eby (Traffic Eng.) outlined the reasons for order. C. Lorrey questioned order and effect on traffic. C. Mercier commented it should go City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) to subcommittee as it is a complex matter. Motion to Suspend Rules by C. Leahy, seconded by C. Lorrey to allow individual to speak on matter. So voted. Dave Ouellette, Acre Neighborhood Group, commented that there was little communication with his group over this. C. Nuon commented that communication is needed even if only a 60 day order. Substitute Motion by C. Kennedy, seconded by C. Lorrey “to refer to Neighborhoods Subcommittee for presentation and review”. So voted. C. Mercier commented the neighborhood should have been involved the whole time. VOTES FROM THE CITY MANAGER 7. - VOTES FROM THE CITY MANAGER 7.1. 2013 / 369 - Vote-Accept Gift ($200) Pollard Memorial Library In Council and read twice. C. Martin recognized the effort put forth at the event. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. 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 x Nuon, Vesna E. x REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2013 / 376 - Neighborhoods SC November 12, 2013. In Council, C. Leahy outlined the meeting and issued the report regarding Fowler Road gardens and neighborhood traffic discussions. Motion was made by C. Mercier, seconded by C. Lorrey “to request City Manager have Law Department draft proper vote to enable the land located at 72.1 Fowler Road to be used as an urban farm by Mill City Grows”. Motion was passed at subcommittee meeting City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) Motion by C. Mercier, seconded by C. Lorrey to accept and adopt the report as a report of progress and accompanying motion. So voted. C. Martin commented on LTC contract renewal and funding requirements before Verizon contract. C. Mendonca commented that the Finance SC can meet on 12/10 if the Zoning SC would need the 12/2 date for their meeting. C. Martin noted Public Safety SC meeting on 11/19. C. Nuon noted he would be setting up Zoning SC meeting regarding Rogers Street zoning. 8.2. 2013 / 374 - Wire Insp. - National Grid - Underground electric to two locations onto property at 585 Merrimack Street. In Council, wire inspector report read and adopted accompanying order by Motion of C. Mercier, seconded by C. Nuon. So voted. C. Martin recorded as present. 8.3. 2013 / 375 - Wire Insp. - National Grid and Verizon New England - Pole Location 1 Perkins Street. In Council, wire inspector report read and adopted accompanying order by Motion of C. Kennedy, seconded by C. Leahy. So voted. PETITIONS 9. - PETITIONS 9.1. 2013 / 377 - Claims (1) claim for property damage In City Council, claim referred to Law Department for report and recommendation by Motion of C. Kennedy, seconded by C. Mercier. So voted. 9.2. 2013 / 378 - Misc. – Request of Atty. Brian Akashian representing Corbett Development, Inc./ACC Realty, LLC to discontinue public way known as Worcester Road. In City Council, referred to Law Department to draft proper vote and procedure by Motion of C. Mercier, seconded by C. Nuon. So voted. Atty. Akashian addressed council regarding petition. Asst. City Solicitor City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) Fenton questioned the length of the proposed abandonment. Motion by C. Elliott, seconded by C. Nuon “to refer petition to DPD for report and recommendation regarding the discontinuance of Worcester Road.” So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2013 / 379 - C. Mercier – Req. City Mgr. have Law Dept. print a list of all law suits pending against the City. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Mercier commented on lack of knowledge regarding appeal decision against the City. Manager outlined the history of the appeal and when it began and noted he could supply lists of outstanding litigation. C. Kennedy noted there should be meetings regarding pending litigation. C. Elliott questioned why they did not receive information when the appeal ended in 2011. 10.2. 2013 / 380 - C. Elliott – Req. City Manager produce short-term plan to address increase violence in City In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Elliott outlined the reasons for short-term plan. Manager noted he would consolidate the information that has been put forward. Motion to Waive Rule 5. Accepted on Roll Call vote 8 yeas, 1 absent (M. Murphy). 10.3. 2013 / 381 - C. Elliott – Req. City Manager develop long-term plan to hire additional police officers In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Elliott commented on need for more officers on the streets to send message of the serious approach taken. Manager commented on shrinking of federal funding and how the costs will shift to taxpayers which may result in increase of taxes. C. Leahy commented that new ideas about saving money and putting it towards public safety. Manager noted that the administration constant focus is on savings. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Mercier, seconded by C. Elliott. So voted. Adjourn at 10:11 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov