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 19, 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 / 387 - Communication – LTC Board of Directors appointments. Roll call showed 9 present. Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Patricia Hovey and all others who have passed in the City of Lowell for the prior week. City Manager Lynch introduced the new Superintendent of the Lowell Police Department, William Taylor. Supt. Taylor addressed the Council and pledged hard work and working together. Manager noted the swearing in ceremony for the Superintendent. Motion to accept the LTC Board of Directors appointments by C. Mendonca, seconded by C. Mercier. Adopted on Roll Call vote 9 yeas. So voted. The appointees were as follows: William Martin (Lowell City Council); Jay Linnehan (MCC); Paul Marion – Executive Director (UML); Danielle McFadden (Greater Lowell Chamber of Commerce). City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) 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 CITY CLERK 2. - CITY CLERK 2.1. 2013 / 388 - Minutes of City Council Meeting November 12th; Neighborhoods SC November 12th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Nuon, seconded by C. Lorrey. So voted. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2013 / 343 - Ordinance-Amend Ch. 260 entitled Trees In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Lorrey, seconded by C. Leahy “To waive the full reading”. So voted. Motion to suspend rules to allow Mayor to speak from the rostrum by C. Mendonca, seconded by C. Nuon. So voted. Mayor Murphy amended ordinance with no objection to insert following language at end of Section 2 Subsection (2)(a): “The first Urban Forestry Plan to be completed within the first year after adoption of the ordinance.” C. Leahy questioned the new procedure regarding trees. Henri Marchand (Asst. City Manager) addressed the new ordinance. C. Leahy noted his concern with the removal of trees. C. Lorrey commented on the history of the ordinance and the replacement of trees. Matter was moved as amended. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x x Elliott, Rodney M. 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 COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2013 / 382 - Communications from the City Manager - Motion Responses and Informational Items Communications Summary Motion Responses A. Examine Use of Parking Enterprise Capital Funds B. HR Staff Survey C. Library Construction Grant - Satellite Library D. Update - Provide an Update on Code Inspector Certifications Informational Items In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Martin. So voted. C. Kennedy questioned report regarding Lawrence Street. Henri Marchand (Asst. City Manager) noted report is forthcoming. A. Examine Use of Parking Enterprise Capital Funds. No comments. B. HR Staff Survey. No comments. C. Library Construction Grant - Satellite Library. No comments. D. Update - Provide an Update on Code Inspector Certifications. C. Mendonca spoke to the report and noted all certification are up to date. Manager spoke to certification process. C. Lorrey commented on keeping employees in Lowell with competitive pay. Manager addressed the issue of maintaining employees in Lowell. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2013 / 383 - Vote-Apply/Accept/Expend Grant ($2,000) MassDEP In Council and 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 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 5.2. 2013 / 384 - Vote-Auth Mgr Ex. Lease w/US Gov't-nine parking spaces in Leo A. Roy Garage (US Armed Forces Recruiting Office In Council and read twice. 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 Nuon, Vesna E. x x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) 5.3. 2013 / 385 - Vote-Establish Pension Assessment Stabilization Account and Transfer ($3,061,380) to mitigate future pension assessments In Council and read twice. Motion to “waive full reading” by C. Martin, seconded by C. Lorrey. So voted. C. Kennedy noted that all of free cash is being transferred. Manager commented that money was transferred on need basis and that what remained was to be put in this fund. C. Kennedy noted there was a need for more background on the matter in addition to other available options. Manger commented on timing as free cash has been certified and also looking to avoid a larger spike in next year’s budget for the pension payout. C. Kennedy noted the actuarial report is not complete as of yet. CFO Moses commented on funding based on actuarial report. Manager noted it was the best management practice to proceed in this manner. C. Martin commented on increase to the fund and noted the plan to lessen the spike in following budgets. C. Mendonca commented on budget item for the pension fund and natural increase to fund the liability. C. Mendonca noted even with transfer there will still be a budget item for funding and commented on the creation of the fund. Manager outlined the history of the fund. Motion by C. Mercier, seconded by C. Leahy “to refer matter to Finance Subcommittee.” So voted. On motion C. Mercier noted that once money is in the fund it cannot be transferred for other purposes. C. Leahy noted the need for more information. C. Mendonca noted it was not locked into pension. Manager commented that fund can only be used for pension purposes but that it would free up other budget items. C. Kennedy commented the matter before the Finance Subcommittee would be a good exercise. C. Elliott supported motion and commented on spike reflected in the actuarial report and requested report be sent to subcommittee as well. Manager commented on managing the plan by the State. CFO Moses noted that the State invests and that costs are shared. C. Lorrey commented on losses by the State. CFO Moses noted there is not a lot of recourse in that instance. 5.4. 2013 / 386 - Vote-Transfer $850,000 for public safety, court judgments and paving In Council and read twice. Motion to “waive full reading” by C. Mendonca, seconded by C. Nuon. So voted. C. Kennedy questioned vote regarding court judgments and meeting with administration concerning pending litigation. Manager noted it would be in January and that it should be done twice per year. C. Kennedy noted police overtime and commented on lateral hires in the department. C. Lorrey commented on transfers and replacing retirees. C. Leahy noted sidewalk repair and commented that jobs should be completed before other jobs are started. C. Mendonca addressed paving issues. C. Elliott commented on a recent costly court judgment and that it was not budgeted for properly and that the Council should have been aware of the liability. Manager noted information should have been before Council once appeal was lost and there was an oversight on the matter. C. Elliott noted an amount of money that large could not be subject to oversight. C. Mercier commented on time element of the case. Manager outlined the time. City Solicitor O’Connor commented on the length of time on the case and the unique circumstances that surrounded it. C. Kennedy commented on interest earned on the matter and requested brief summary on the case. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) 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 Mercier, Rita M. x x Nuon, Vesna E. x REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) 6.1. 2013 / 389 - Public Safety SC November 19, 2013. In Council, C. Martin outlined the meeting and issued the report regarding various discussions. C. Kennedy commented on police vehicle report and requested added information concerning when and how they were purchased. C. Leahy commented on meeting regarding downtown safety. Motion by C. Mendonca, seconded by C. Nuon to accept and adopt the report as a report of progress and accompanying motion. So voted. PETITIONS 7. - PETITIONS 7.1. 2013 / 390 - Claims (1) claim for Personal Injury. In City Council, claim referred to Law Department for report and recommendation by Motion of C. Nuon, seconded by C. Lorrey. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) 7.2. 2013 / 391 - Misc. - Thomas Sarantakis, Lowell, MA - Request for handicap accessible sidewalk at 74 Whipple Street. In City Council, petition referred to City Manager for report and recommendation by Motion of C. Kennedy, seconded by C. Leahy. So voted. 7.3. 2013 / 392 - Misc. - Bernard N. Campbell, Lowell, MA - Request to address CC re: National Grid power line easement at 1929-1939 Middlesex Street. In City Council, petition referred to City Manager for report and recommendation by Motion of C. Mendonca, seconded by C. Lorrey. So voted. Mr. Campbell addressed the Council concerning National Grid maintenance of an easement. C. Mercier noted that National Grid has a history of not responding. C. Mendonca commented that National Grid is on notice. C. Kennedy commented that National Grid should respond for their benefit. C. Lorrey questioned if City could charge National Grid for any services that would need to be done due to their inefficiencies. C. Leahy noted that means must be discovered to hold National Grid accountable. Manager noted that they have talked to individuals at all levels of the company. CITY COUNCIL - MOTIONS 8. - CITY COUNCIL - MOTIONS 8.1. 2013 / 393 - C. Kennedy - Req. City Mgr. remind LHA Director of providing monthly reports regarding current audits. In Council, seconded by C. Elliott, read and referred to the Manager. So voted. C. Kennedy noted the reports were promised by the LHA administration. 8.2. 2013 / 394 - C. Lorrey - Req. City Mgr. have the proper dept. look into the feasibility of 30 Minute Parking in front of 599 Central Street. In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Lorrey noted it was a business concern. C. Mercier noted that the business owner did not want to be involved in a prior attempt at resolving parking issues. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) 8.3. 2013 / 395 - C. Elliott - Req. City Mgr. report on police cell block policy and procedures. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott noted motion was result of a recent tragic death in the LPD. C. Elliott noted procedures need to be in place. C. Leahy commented on the new parking at Wannalancit Mills. ADJOURNMENT 9. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Lorrey. So voted. Adjourn at 8:40 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov