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: Jan 07, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS 1.1. 2014 / 1 - Citation – IV Seasons Restaurant in recognition of their 25th Anniversary. Roll call showed 9 present. Mayor Elliott Presiding. M. Elliott read the citation and presented to it to George Bernardo, owner of IV Seasons, who addressed and thanked Council. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 460 - Minutes of City Council Meeting December 10th; Finance SC December 10th; Environment SC December 9th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Leahy, seconded by C. Kennedy. So voted. 2.2. 2014 / 2 - Communication – Animal Control Division RE: Updated license and vaccinations of all tenants’ cats, dogs and ferrets. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 14) CITY AUDITOR 3. - CITY AUDITOR 3.1. 2013 / 461 - Communication - Motion response Retirement Returns. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Milinazzo. So voted. C. Milinazzo noted the return and commented on how it measured up to national standards. Motion to Suspend Rules to take items# 10.3 and 10.4 out of order and together by C. Mercier, seconded by C. Belanger. So voted. Motion to Suspend Rules to take items# 10.6 out of order by C. Leahy, seconded by C. Belanger. So voted. UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2013 / 454 - National Grid - Underground electric conduit at 580 Chelmsford Street. In Council, given second reading, Motion to delay hearing as representative from National Grid was not present by C. Mercier, seconded by C. Rourke. So voted. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2013 / 458 - Communications from the City Manager - Motion Responses and Informational Items Motion Responses A. Complete Streets Policy B. Conduct and Map Analysis of Land Uses on City's Waterfront C. Creation of One Advisory Sustainability Commission with Four Subcommittees D. Fire Alarm Non-Emergency Signals E. Downtown Retail Space F. Verbal - Report on Usage and Capacity in the Early Garage City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 14) G. Verbal - Retirement Returns H. Partial Retrofit-Redevelopment of First Floors of Municipal Garages I. Potential Redesign of Sampson Connector J. Reevaluate One Way Streets in Neighborhoods Besides Downtown K. Refer Petition to DPD Regarding Discontinuance of Worcester Road L. Report on Removal of Gorham Street Trees from Old Butler School Property M. Update on Project Completion at Baldwin Street and Princeton Boulevard N. Provide Report on Motion Responses O. Evaluate City Preparedness for Solarize Mass Program Informational Items P. ChargePoint EV Charging Stations Q. Energy Aggregation Update R. Joseph Downes Garage Energy Savings S. Proposed Transitional Retail Zoning District T. EpiPen Clarification U. See Something Say Something V. Tow Contracts W. FERC Update Petition Responses X. Handicap Parking Sign at 19 Kinsman Street In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Leahy. So voted. Motion Responses A. Complete Streets Policy. No comments. B. Conduct and Map Analysis of Land Uses on City's Waterfront. No comments. C. Creation of One Advisory Sustainability Commission with Four Subcommittees. No comments. D. Fire Alarm Non-Emergency Signals. No comments. E. Downtown Retail Space. No comments. F. Verbal - Report on Usage and Capacity in the Early Garage. C. Kennedy noted the problem with parking kiosks accepting payments during snow storm. Manager noted he would look into problem. G. Verbal - Retirement Returns. No comments. H. Partial Retrofit-Redevelopment of First Floors of Municipal Garages. No comments. I. Potential Redesign of Sampson Connector. No comments. J. Reevaluate One Way Streets in Neighborhoods Besides Downtown. No comments. K. Refer Petition to DPD Regarding Discontinuance of Worcester Road. C. Milinazzo questioned the procedure to follow regarding discontinuance. Adam Baacke (DPD) noted it was the Council choice as to how to proceed and noted his department’s recommendation of notifying a wider radius of abutters. Motion by C. Milinazzo, seconded by C. Mercier “to refer matter back to Law Department to draft proper vote and report and recommendation.” So voted. C. Kennedy questioned if the entire road would be discontinued. C. Milinazzo noted he had thought that it would. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 14) L. Report on Removal of Gorham Street Trees from Old Butler School Property. No comments. M. Update on Project Completion at Baldwin Street and Princeton Boulevard. C. Leahy noted response. N. Provide Report on Motion Responses. C. Leahy noted response and commented it would be helpful. O. Evaluate City Preparedness for Solarize Mass Program. No comments. Informational Items P. ChargePoint EV Charging Stations. No comments. Q. Energy Aggregation Update. No comments. R. Joseph Downes Garage Energy Savings. No comments. S. Proposed Transitional Retail Zoning District. No comments. T. EpiPen Clarification. No comments. U. See Something Say Something. C. Leahy noted the importance of the program. Manager commented it would be effective. V. Tow Contracts. No comments. W. FERC Update. No comments. Petition Responses X. Handicap Parking Sign at 19 Kinsman Street. No comments. 5.2. 2013 / 464 - Communications from the City Manager - Out of State Travel Requests (1) LPD In Council, read and adopted. Motion to Suspend Rules by C. Kennedy, seconded by C. Mercier “to take items# 5.3 to 5.6 inclusive as one.” So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x x 5.3. 2014 / 6 - Communication-Accept Resignation Corey Belanger (ZBA) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 14) In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. 5.4. 2014 / 7 - Communication-Accept Resignation Thomas Kotarakos (Library Board of Trustees In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. 5.5. 2014 / 8 - Communication-Accept Resignation Stephen Gendron (Planning Board) In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. 5.6. 2014 / 9 - Communication-Reappt. John Bond-Cemetery Commission In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2013 / 474 - Vote-Auth C/M accept gift and enter into Occupancy Agreement with River North, LLC and The Lowell Five Cent Savings Bank for 97 University Ave- (Community Policing Precinct) In Council and read twice. Motion to “waive full reading” by C. Kennedy, seconded by C. Leahy. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 14) Rourke, Daniel P. x Samaras, William x 6.2. 2013 / 475 - Vote-Auth C/M Execute Lease (Boys & Girls Club of Greater Lowell, Inc.) 679 Middlesex St (Community Policing Precinct) In Council and read twice. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.3. 2013 / 476 - Vote-Declare Surplus and enter into any applicable P&S Agreement or other documents with respect to the disposition of Parcel "B" (1087 Westford St) and acquisition of Parcel "A&C" as part of overall development of property at 150 Wood St. In Council and read twice. Motion to “waive full reading” by C. Leahy, seconded by C. Martin. So voted. C. Mercier noted the historic importance of building and that the plan called for it to be preserved. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 14) Rourke, Daniel P. x Samaras, William x 6.4. 2013 / 477 - Vote-Auth C/M execute Agreement between City of Lowell and National Grid relative to use of poles for hanging decorative banners, including decorative lighting In Council and read twice. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x 6.5. 2014 / 10 - Vote-Accept Gift (Library) $5,000 from Digital Federal Credit Union In Council and read twice. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. C. Milinazzo disclosed he was a member of Pollard Foundation. C. Mercier commented to send letter of thanks to donor. C. Martin noted the gift. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 14) 6.6. 2014 / 12 - Vote-Establish Disability Commission Revolving Fund In Council and read twice. Motion to “waive full reading” by C. Milinazzo, seconded by C. Rourke. So voted. manager outlined the vote and reasoning behind it. M. Elliott noted the importance of the fund. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x x Elliott, Rodney M. x Kennedy, Jr, Edward J. x x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.7. 2014 / 14 - Vote-Transfer ($20,000) newly established Disability Commission Revolving Fund In Council and read twice. Motion to “waive full reading” by C. Samaras, seconded by C. Rourke. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x x Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 14) 7.1. 2013 / 479 - Ordinance-Amend s.222.15 Panhandling in the Downtown Lowell Historic District In Council, given 1st reading. Motion to “waive full reading” by C. Samaras, seconded by C. Rourke. So voted. Motion by C. Kennedy, seconded by C. Rourke “to delay sending ordinance to public hearing and refer matter to litigation Executive Session scheduled for this meeting.” So voted. REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) None. PETITIONS 9. - PETITIONS 9.1. 2013 / 462 - Misc. – Goodeed Electronics at 581 Bridge St. request (2) 15 minute parking signs (1) on 7th St. and (1) on Bridge St. In City Council, referred to Traffic Engineer by Motion of C. Milinazzo, seconded by C. Mercier. So voted. 9.2. 2014 / 3 - Misc. – MVP Testing, LLC request permission to install an overhanging sign at 262 Merrimack Street. In City Council, referred to Law Department to draft proper vote by Motion of C. Kennedy, seconded by C. Belanger. So voted. 9.3. 2014 / 4 - Misc. – Deolinda Bettencourt request to move (1) handicap parking sign from 4 Agawam Street to 71 Varney Street. Misc. – Jacquelyn Pagan as guardian for Norma Pagan request (1) handicap parking sign at 15 Manufacturers Street. In City Council, Bettencourt petition referred to Traffic Engineer by Motion of C. Rourke, seconded by C. Martin. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 14) In City Council, Pagan petition amended (60 trial) and referred to Traffic Engineer by Motion of C. Mercier, seconded by C. Leahy. So voted. 9.4. 2014 / 5 - National Grid – Electrical Main installation on Industrial Avenue and Stevens Street. In City Council, Given 1st Reading, referred to public hearing on February 4, 2014 at 7 PM by Motion of C. Rourke, seconded by C. Milinazzo. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2013 / 463 - C. Lorrey – Req. City Council designate Pawtucket St. from Aiken Ave. to Fr. Morissette Blvd. “Veterans Memorial Walkway” honoring those causalities from current or past students at UMass – Lowell or any of its prior entities. In Council, C. Mercier moved motion forward, seconded by C. Leahy, read and referred as amended to the Manager to work with Veteran’s Council. So voted. Motion to Suspend Rules to allow former Councilor Lorrey to speak on matter by C. Mercier, seconded by C. Leahy. So voted. Mr. Lorrey outlined the motion. C. Mercier supported the motion and noted the importance of remembering these heroes. Motion to amend by C. Kennedy, seconded C. Martin “to amend motion and refer to Manager to work with Veteran’s Council.” So voted. 10.2. 2013 / 465 - C. Lorrey – Req. City Council vote to send letter of support for Senate Bill S.1610 (Homeowner’s Flood Insurance Affordability Act of 2013) to Senator Warren’s Office. In Council, C. Mercier moved motion forward, seconded by C. Leahy, read and referred as amended to refer to the Law Department for report/recommendation and to draft proper letter. So voted. Motion to Suspend Rules to allow former Councilor Lorrey to speak on matter by C. Leahy, seconded by C. Milinazzo. So voted. Mr. Lorrey outlined the motion. Motion to amend by C. Belanger, seconded by C. Kennedy “to refer to the Law Department for report/recommendation and to draft proper letter.” So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 14) 10.3. 2013 / 471 - C. Mercier – Req. City Council go on record in support of returning the City manger to be placed at the JFK Plaza next Christmas season. In Council, seconded by C. Rourke, read and referred as amended to the Manager to work with the Law Department to provide a more comprehensive and inclusive display. So voted. The following registered speakers addressed the Council: George Koumantzelis; Pastor Rafael Najem; and Kristen Carvelho. C. Belanger supported motion and tradition and noted the display should be protected from vandalism. C. Kennedy questioned the reasons behind moving the display. Manager noted the reasons and restraints of the law and commented on the number of complaints brought forward. C. Kennedy noted it is time to address the issue correctly. C. Milinazzo noted support of motion and that there is time work on a more representative display. Motion to amend by C. Samaras, seconded by C. Milinazzo “to have Manager and Law Department to provide a more comprehensive and inclusive display.” So voted. C. Mercier agreed with the amendment. C. Rourke questioned Manager of his attempt to include more groups. Manager outlined those attempts. Solicitor O’Connor commented there attempt is to follow the law and outlined all issues which face the City regarding this matter. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x x 10.4. 2013 / 472 - C. Mercier – Req. City Mgr. find ways and means to establish a fund for residents to donate to the restoration of the manger’s statutes. In Council, seconded by C. Samaras, read and referred to the Manager. So voted. C. Mercier noted she would donate money and noted people who have already contributed. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 14) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x x 10.5. 2014 / 11 - C. Martin – Req. City Mgr. have DPD meet with Economic Development SC to develop business incubator districts in appropriate locations in the City. In Council, seconded by C. Belanger, read and referred to the Manager and Economic Development SC. So voted. C. Martin commented on creating incentives for businesses to build around existing businesses which would encourage job growth and opportunity. C. Kennedy noted economic development is paramount. 10.6. 2014 / 13 - C. Leahy – Req. City Council support School Committeeman Gignac Motion “Req. the Superintendent develop a Drug Abuse Prevention & Awareness Task Force for the Lowell Public Schools. The Task Force should include, but not limited to, school department staff, city officials, public safety officials, health officials and members of the public. The task force should work to develop strategies to address drug abuse issues throughout the district”. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. Registered Speaker Robert Gignac addressed the Council regarding the motion. C. Leahy commented on all prior work done in organizing the task force. C. Belanger supported the motion and attempt to curtail drug use. Motion to Suspend Rules by C. Leahy, seconded by C. Kennedy “to discuss recent snow removal.” So voted. C. Leahy commented there should always be a search for creating more effective means of snow removal. C. Belanger questioned the amount left in budget. Manager noted he did not have that exact figure. C. Rourke questioned protocol for snow removal. Manager outlined the process. C. Mercier, under current suspension of the rules, noted approval of update of the Council Chamber. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 13 of 14) Motion to Suspend Rules by C. Mercier, seconded by C. Kennedy “to take item# 11.2 before 11.1.” So voted. CITY COUNCIL - EXECUTIVE SESSION 11. - CITY COUNCIL - EXECUTIVE SESSION 11.1. 2013 / 473 - Executive Session regarding matters of pending litigation including the Habit Opco decision (methadone clinic), public discussion of which could have detrimental effect on the City’s position. In City Council, Mayor noted in public session the reason for the Executive Session which had been posted. Mayor informed public that the body would be adjourning from the Executive Session. Roll call to enter Session was at 8:40 PM. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Belanger, Corey x Elliott, Rodney M. x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 11.2. 2014 / 15 - Executive Session - To discuss contract negotiations with City Manager (non-union personnel). In Council, C. Kennedy questioned Manager if the matter could be discussed in open session. Manager noted he would be willing to discuss matter in either session. C. Mercier commented it was premature to discuss contract. C. Rourke questioned which contract the Manager wished to discuss. Manager noted it was his current contract to discuss. C. Kennedy saw no compelling reason to discuss in Executive Session. C. Belanger favored an open forum discussion. C. Milinazzo noted current contract should be discussed in an open session. M. Elliott relinquished Chair to Vice-Chair Leahy at 8:20 PM. M. Elliott noted it was not a strategy and should be open discussion. C. Martin requested opinion of City Solicitor. Solicitor O’Connor outlined proper reasons for executive session and not having enough information of what would be discussed it would be difficult to rule. C. Mercier called for roll and noted the majority would rule. C. Kennedy noted the discussion was initiated by the Manager who does not City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 14 of 14) object to open session. M. Elliott noted contract notice requirements for the Council and the Manager. C. Samaras questioned City Solicitor regarding the session. Motion by M. Elliott, seconded by C. Mercier “to discuss matter in open session.” Adopted on Roll Call vote 8 yeas, 1 nay (C. Martin). So voted. Manager announced his resignation to the body effective noon on March 10, 2014. Manager presented Clerk with resignation letter and read same to the body. Motion by M. Elliott, seconded by C. Belanger to accept the resignation letter and place on file. So voted. C. Martin thanked the Manager for his service and the vision he brought to the City. C. Milinazzo thanked the Manager for his service in moving the City forward. C. Samaras noted he was disappointed as he had looked forward to working with the Manager and commented on the good deeds done by the Manager. C. Mercier commented on the skills of the Manager that were top notch and that she had enjoyed working with him and noted he had many accomplishments. C. Kennedy noted the Manager was a good fiscal shepherd for the City commenting on zero tax increases. C. Kennedy questioned transition plan. Manager note budgets had been sent and he will gather information to allow next manager to prepare same. C. Belanger commented the Manager was fiscally sound and hoped to end relationship on positive note. M. Elliott noted the differing philosophy between them but noted good budget building procedures in place on which to build upon. Vice-Chair Leahy relinquished the Chair to M. Elliott at 8:40 PM. C. Leahy thanked the Manager for his services and was disappointed he was leaving. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn in Executive Session by C. Milinazzo, seconded by C. Rourke. So voted. Adjourn at 9:30 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov