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: Dec 03, 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 / 423 - Citation - To Jack Clancy, CEO of Enterprise Bank in recognition of being named one of Boston Globe Magazine’s Best Places to Work. Roll call showed 8 present, 1 absent (C. Leahy). Mayor Murphy Presiding. M. Murphy read Citation and presented them to Jack Clancy, CEO of Enterprise Bank. Mr. Clancy addressed and thanked Council. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 424 - Minutes of City Council Meeting November 26th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Mercier, seconded by C. Lorrey. So voted. CITY AUDITOR 3. - CITY AUDITOR City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 7) 3.1. 2013 / 425 - Communication – Motion response to Fixed Assets and Internal Audit Function. In Council, Motion to refer matter to Finance SC by C. Nuon, seconded by C. Kennedy. So voted. GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 2013 / 339 - Ordinance-Amend Zoning (C&F Realty Trust) Extend TTF District to include 122 and 130 Andrews St and 180 Moore St. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Nuon, seconded by C. Mercier “To waive the full reading”. So voted. Speaking in favor was Atty. James Flood, representing Arthur Faneros, who outlined request and reason for it. Atty. Flood commented on handouts he had provided the Council. Atty. Flood noted the development was two unit owner occupied which had support of the Planning Board. Carol McCarthy, representing neighborhood group, spoke in favor of the proposal. C. Mercier noted all factors had been covered and would support the petition. C. Mendonca noted the reuse of the parcel is positive and the neighborhood and Planning Board is involved. C. Nuon noted it was a positive change. C. Lorrey commented working with groups is important. C. Martin commented on first zoning change to single family and the need for it at the time. C. Martin noted the owner occupied element of the project and building with structural issues makes this a good alternative going forward. C. Kennedy noted the parking will be a key issue to address. 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 Mercier, Rita M. x x Nuon, Vesna E. x x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 7) COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2013 / 419 - Communications from the City Manager - Motion Responses and Informational Items Communications Summary Motion Responses A. Report on Double Poles Informational Items B. Lowell Development and Financial Corporation Financial Statements In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Nuon. So voted. Communications Summary Motion Responses A. Report on Double Poles. C. Mercier noted representation from Verizon and National Grid regarding issue. Motion by C. Mercier, seconded by C. Mendonca “to allow representatives to speak.” So voted. C. Mercier outlined the issues and pressing problems. Kathy Moar of National Grid and Stephanie Lee of Verizon spoke to questions and issues regarding poles. C. Martin noted the reports. Henri Marchand (Asst. City Manager) spoke to reports as well. Ms. Moar noted changes in company to address the matter. C. Martin questioned reporting process. Ms. Lee noted the need to keep current data base though it is difficult as the inventory is always moving. C. Mendonca noted the progress but state there needs to have reports include dates. C. Kennedy questioned other community’s position regarding poles and how the company planned to move forward. Ms. Moar outlined process of replacing and setting poles. C. Kennedy questioned back-up of work. Ms. Moar noted back-up and could be addressed with more oversight. Ms. Lee commented more resources are being put towards back-up. C. Kennedy commented on prioritizing items. C. Lorrey commented on grouping by area to save money and the reason some poles may sit longer. C. Mercier requested feedback from companies on a quarterly basis. Ms. Lee noted that all priority requests still should be submitted. Informational Items B. Lowell Development and Financial Corporation Financial Statements. No comments. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 7) 5.2. 2013 / 420 - Communications from the City Manager - Planning Board Report 1. Report and Recommendation from the Planning Board - Planning Board vote to introduce an Amendment to the “Code of Ordinances City of Lowell, Massachusetts”, with respect to Chapter 290 thereof entitled “Zoning” pertaining to a Rezone petition to introduce the TTF district to parcels located at 122 and 130 Andrews Street and 180 Moore Street. In Council, read, accepted and placed on file by Motion of C. Nuon, seconded by C. Lorrey. So voted. RESOLUTIONS FROM THE CITY MANAGER 6. - RESOLUTIONS FROM THE CITY MANAGER 6.1. 2013 / 418 - Resolution-Support HB1739, SB900 Act establishing earned paid sick time In Council and read twice. Motion to “waive full reading” by C. Lorrey, seconded by C. Mendonca. So voted. C. Mercier commented that she has no position on matter as she does not have enough information to vote either way. Motion by C. Mercier, seconded by C. Lorrey “to refer matter to Economic Development SC.” Adopted on Roll Call vote 6 yeas, 2 nays (C. Martin, M. Murphy), 1 absent (C. Leahy). Mayor Murphy relinquished Chair to Vice Chair Mendonca to speak on motion at 7:39 PM. M. Murphy, on motion, noted information had been provided and he outlined the basic protections and benefits of the law. C. Kennedy supports the bill but would afford opportunity to have others gather further information if they wished. C. Martin noted he generally opposes these resolutions regarding actions by other legislative bodies but in this instance he would support the legislation and should be done now. C. Lorrey supports bill and its referral to the subcommittee. Vice Chair Mendonca returned Chair to M. Murphy at 7:50 PM. REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 7) 7.1. 2013 / 426 - Zoning SC December 3, 2013. In Council, C. Nuon outlined the meeting and issued the report regarding zoning amendment and the creation of a new zoning district. Motion by C. Martin, seconded by C. Nuon “to have Council delay any actions until planning department can review and explore the possibility of the creation of a new zoning district.” Adopted on Roll Call vote 7 yeas, 1 nay (C. Elliott), 1 absent (C. Leahy). So voted. Motion by C. Mendonca, seconded by C. Nuon to accept and adopt the report as a report of progress and accompanying motion. So voted. C. Elliott did not support the motion as it was more of a delay. C. Martin noted it was not a delay and that majority of supports spoke in favor of the approach. C. Lorrey commented work should be done quickly. C. Kennedy noted the Council has not been very involved in matter at this point and that they should be deliberate. C. Mendonca supported further work for compromise. PETITIONS 8. - PETITIONS 8.1. 2013 / 427 - Claims (1) claims for Personal Injury. In City Council, claim referred to Law Department for report and recommendation by Motion of C. Nuon, seconded by C. Mendonca. So voted. 8.2. 2013 / 428 - Misc. – Charlotte Young request (1) handicap parking sign at 19 Kinsman Street. In City Council, referred to Traffic Engineer by Motion of C. Mendonca, seconded by C. Martin. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2013 / 429 - C. Mercier – Request to be allowed to express my views on the recent decision by the Retirement Board regarding Mrs. Finnegan. In Council, seconded by C. Martin, read and referred as amended to the Manager. So voted. C. Mercier voiced her concern regarding decision of Retirement Board and the process involved. C. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 7) Mercier noted the Manager should fix the issue. C. Martin commented that recovering payments made in error by the City is not a fair approach and does not put the City in the best possible light. City Auditor noted that waivers are only given when they are requested. C. Kennedy commented on matters which involved wrong information by the City and that Retirement Board should not benefit from that. Motion by C. Elliott, seconded by C. Mercier “to show City Council support of allowing waiver to Mrs. Finnegan.” So voted. C. Lorrey supports the amendment. C. Mendonca noted that when dealing with public dollars there is a cautioned approach moving forward. 9.2. 2013 / 430 - C. Elliott – Request City Council discuss the advertising of Boards and Commissions. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott commented that ads would improve information going out to the community and would get more people interested. C. Elliott amended motion without objection to have Manager provide various options for advertising. C. Kennedy commented that information must be consistent. C. Lorrey commented ads would be beneficial and that LTC could be a good resource as well. 9.3. 2013 / 431 - C. Elliott - Request City Council receive report presented to the School Committee on the future of High School and other Schools. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott requested copy of the report. M. Murphy noted it was on School Committee website. 9.4. 2013 / 432 - C. Elliott - Request City Mgr. provide report on efforts to fill downtown store fronts. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott commented all options should be explored. 9.5. 2013 / 433 - C. Kennedy - Request the City Mgr. negotiate with Chancellor of UML to improve lighting at lease parking facility at Sheehy Park. In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Kennedy commented he spoke with UML and there is a need for lighting. C. Martin commented on City of Lights Parade and noted it was a great success. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 7) C. Mercier thanked all involved with the parade. C. Elliott commented on parade as well. C. Mendonca noted upcoming event regarding Pearl Harbor Day on December 7th at the Lowell Auditorium. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Martin. So voted. Adjourn at 8:30 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov