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 26, 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 / 399 - Proclamation – To Stacie Hargis of Merrimack Valley Small Business Center declaring Saturday, November 30 “Small Business Saturday”. Proclamation – In honor of World AIDS Day (Dec. 1). Roll call showed 8 present, 1 absent (C. Leahy). C. Lorrey arrived at 6:32 PM. C. Kennedy arrived at 6:35 PM. Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Marie Kirwin and all others who have passed in the City of Lowell for the prior week. C. Elliott requested moment of silence in darkened chamber for Donald McGuire. M. Murphy recognized C. Leahy and wished him speedy recovery. M. Murphy read proclamations and presented them to Stacie Hargis for “Small Business Saturday” and Troix Bettencourt for World AIDS Day. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 400 - Minutes of City Council Meeting November 19th; Public Safety SC November 19th, for acceptance. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 10) In Council, Minutes 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 / 401 - Communication – FY 2013 Audits including Management Letter. In Council, Motion to Accept the Report as a Report of Progress by C. Nuon, seconded by C. Mendonca. So voted. C. Elliott noted concern with procurement practice in the City. Auditor Wright noted the problem and the process moving forward. C. Lorrey questioned the unresolved tax title account. Auditor noted the issue was resolved. Motion by C. Elliott, seconded by C. Martin to refer reports to the Finance Subcommittee. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2013 / 397 - Communications from the City Manager - Motion Responses and Informational Items Communications Summary Motion Responses A. George B. Murphy, Jr. Bus Shelter B. Potential Transformation of the Lowell Connector and VFW Highway C. City Hall Attic Renovation D. Update on Election Office Manager E. Rename Area for Walter B. Smith F. Toilet Bowl Planters Informational Items G. Downtown Ambassadors Program H. Medical Marijuana License Applicants I. Development Services Update J. Community Courts Petition Response K. Power Line Easement L. Handicap Parking Sign City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 10) In Council, read, accepted and placed on file by Motion of M. Murphy, seconded by C. Lorrey. So voted. C. Kennedy commented on recycling bin handouts. Manager commented on the process of rolling out new bins. C. Kennedy commented on the lighting issue at the parking area at Sheehy Park. M. Murphy relinquished Chair to Vice Chair Mendonca at 7:00 PM. A. George B. Murphy, Jr. Bus Shelter. M. Murphy noted report and issue was not with naming but that there would not be a bus shelter at the Senior Center and that there should be one present. Motion by M. Murphy, seconded by C. Lorrey “to refer back to Manager to have department put forth more effort to establish a shelter at the Senior Center.” So voted. B. Potential Transformation of the Lowell Connector and VFW Highway. M. Murphy commented on the four benefits of the proposal and that they did not appear to be addressed. Adam Baacke (DPD) commented on the development of the Ayer City Urban Renewal Plan and outlined the benefits and pitfalls of the plan. M. Murphy noted the costs involved and that they did not cover all of the benefits of the proposal including the need to connect the grid better at grade which improves neighborhoods, economy and environment. M. Murphy commented need to get the best return possible on any project. Motion by M. Murphy, seconded by C. Nuon “to refer back to Manager to have department further review the proposal with possible input from civil engineers.” So voted. C. Mendonca returned Chair to M. Murphy at 7:15 PM. C. City Hall Attic Renovation. No comments. D. Update on Election Office Manager. C. Nuon recognized the report and questioned when the position would be filled. Manager noted it was a personnel decision. E. Rename Area for Walter B. Smith. C. Lorrey noted progress and requested family be invited to dedication. F. Toilet Bowl Planters. No comments. Informational Items G. Downtown Ambassadors Program. No comments. H. Medical Marijuana License Applicants. C. Lorrey noted the report. Mr. Baacke outlined the report and the reason the letter was prepared for the Department of Public Health. C. Mendonca questioned time frame. Mr. Baacke outlined possible time line. C. Nuon questioned locations. Mr. Baacke noted nothing definitive but would provide what information is available. I. Development Services Update. No comments. J. Community Courts. No comments. Petition Response K. Power Line Easement. No comments. L. Handicap Parking Sign. No comments. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 10) Motion to Suspend Rules to take item # 9.2 out of order by C. Mercier, seconded by C. Nuon. So voted. 4.2. 2013 / 398 - Communications from the City Manager - Out of State Travel Requests (1) - Wastewater 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. Lorrey, Martin E. x x Martin Jr., William F. x Mercier, Rita M. x Nuon, Vesna E. x 4.3. 2013 / 417 - Communication – From City Assessor request CC set public hearing December 10, 2013 for the purpose of voting on the Minimum Residential Factor FY 2014. In Council, Motion by C. Lorrey, seconded by C. Nuon “to refer matter to public hearing on December 10, 2013 at 7 PM. So voted. ORDERS FROM THE CITY MANAGER 5. - ORDERS FROM THE CITY MANAGER 5.1. 2013 / 409 - Order-60 day trial (related to new parking restrictions installed as part of the University Avenue bridge project) In Council and read twice. Motion to “waive full reading” by C. Martin, seconded by C. Lorrey. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 10) 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. Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x x Nuon, Vesna E. x 5.2. 2013 / 410 - Order-60 day trial (handicap parking Agawam St) In Council and read twice. Motion to “waive full reading” by C. Lorrey, seconded by C. Mendonca. 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 x Leahy, John J. Lorrey, Martin E. 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 / 411 - Vote-Auth Mgr Ex. Passcard Parking Agreement (Counting House Lofts)- Early Garage In Council and read twice. Motion to “waive full reading” by C. Martin, seconded by C. Kennedy. So voted. C. Kennedy questioned the parking situation as it stood. Manager Lynch noted the project would not be complete for 18 months. C. Lorrey requested report on the effect lease would have on space and future parking plans. Manager noted that that there is a plan for another garage in the future. C. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 10) Kennedy commented that municipal garages should not be built as an amenity to a developer. Manager commented that parking is important to successful projects. 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. Lorrey, Martin E. x Martin Jr., William F. x x Mercier, Rita M. x x Nuon, Vesna E. x REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) No reports. PETITIONS 8. - PETITIONS 8.1. 2013 / 402 - Misc. – Bonnie-Jean Fortes request (1) handicap parking sign at 55 Parker Street. In City Council, referred to Traffic Engineer by Motion of C. Nuon, seconded by C. Mercier. So voted. 8.2. 2013 / 408 - Misc. – Atty. James W. Flood, Jr. for Lowell Mammoth Development, LLC request City of Lowell accept new Edwards Street and surrounding sidewalk constructed at property developed at corner of Middlesex and Wood Streets (Walgreens). In City Council, referred to Law Department to draft proper vote 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 10) CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2013 / 403 - C. Mercier – Req. City Mgr. contact proper person from National Grid to address City Council regarding “double” poles and hanging wire issues together with plans to remove the worst cases in a timely fashion. In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. Motion by M. Murphy, seconded by C. Mendonca “that C. Leahy (Item # 9.4) motion be joined with this as they are similar.” So voted. C. Mercier outlined the history of the motion and noted the major issues at Stormquist, Winter and Andover Streets that must be addressed. Manager noted representatives will be present at 12/3 Council meeting. C. Mendonca requested update on legislation regarding “double” poles. 9.2. 2013 / 404 - C. Mercier – Req. City Mgr. find a way and means of setting up a meeting between City unions and Youthbuild for the purpose of allowing our youth an opportunity to provide services to the City in many areas that would free-up City employees to perform other duties. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Mercier outlined reason for motion to keep youth involved and give back to the City. C. Mercier commented project can work if all parties sit down and work on the issues. Motion by C. Mercier, seconded by C. Mendonca “to allow people to speak on matter”. So voted. Representative of Youthbuild addressed the Council and outlined the program. Construction Manager of Youthbuild commented on the skill level of the youth and their willingness to work hard. C. Lorrey and C. Mercier disclosed they were members of CTI Board. C. Elliott noted the work of the organization and was supportive of the motion. Manager supported the idea and noted issues have arisen and he will move forward in dealing with them. 9.3. 2013 / 405 - C. Leahy – Req. City Mgr. have proper department update the Council regarding the projected completion of the project at the intersection of Baldwin Street and Princeton Boulevard. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. 9.4. 2013 / 406 - C. Leahy – Req. City Mgr. invite the proper executives from National Grid City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 10) and Verizon to come before the Council to address the concerns of the City of Lowell. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. 9.5. 2013 / 407 - C. Elliott – Req. City Manager/Police Superintendent provide report regarding status of neighborhood police precincts. In Council, seconded by C. Kennedy, read and referred to the Manager as amended. So voted. Amended by C. Elliott with no objection to include in the report a plan to develop an additional precinct. C. Elliott noted the new Superintendent’s approach to community policing in being more aggressive with that approach. Manager commented on the community approach and supports the approach and noted the challenges lie in the staffing of the precincts. 9.6. 2013 / 416 - C. Elliott – Req. City Mgr. provide update on efforts to fill Fruedenberg building. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott commented on economic development and the efforts to fill a completed building. Manager commented they were working with many leads and that he will provide update to Council sometime in January on the whole project. 9.7. 2013 / 412 - C. Lorrey – Req. City Council vote to send a letter in support of Senate Bill 1098 (Responsible Implementation of Flood Insurance Reform Act of 2013). In Council, motion withdrawn by maker of motion C. Lorrey. 9.8. 2013 / 413 - M. Murphy – Req. City Mgr. report on current street policy and development of complete streets policy with comprehensive public planning process to guide future design of street network as repaving is done and repairs made. M. Murphy relinquished Chair to Vice Chair Mendonca at 8:00 PM. In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy requested policy be in place and to be implemented to support all forms of transportation. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 10) 9.9. 2013 / 414 - M. Murphy – Req. City Mgr. review and evaluate ordinances to identify and remove barriers to resource sharing and becoming a more resilient, shareable city. In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy noted that resources are best utilized when they are shared. 9.10. 2013 / 415 - M. Murphy – Req. City Mgr. develop application for planning staff to attend 2014 EcoDistrict Incubator. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. Vice Chair Mendonca returned Chair to M. Murphy at 8:05 PM. C. Mercier requested a point of personal privilege to address Lowell Retirement Board decision. M. Murphy ruled it was not a point of personal privilege and would be more appropriate to form a motion on matter for next meeting. C. Mercier noted that is how she would proceed. C. Martin recognized CFO Tom Moses on his last meeting and thanked him for his service on behalf of the Council. Manager Lynch outlined Mr. Moses contributions and wished him well on his new endeavor. M. Murphy presented Mr. Moses with a Citation from the City. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Lorrey, seconded by C. Kennedy. So voted. Adjourn at 8:10 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 10) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov