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 21, 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 / 63 - Communication - Recognizing El Potro as a new business in the city. Roll call showed 9 present. Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for Patricia J. McCarty and Phoebe D. Voyer as well as all other citizens of Lowell who have passed this week. Motion to Suspend Rules to allow Ray Adams (CEO of YMCA) to address Council regarding upcoming event of YMCA by C. Mercier, seconded by C. Belanger. So voted. Mr. Adams invited Council the legislative breakfast hosted by the YMCA. Mayor read citation and presented it to El Potro whose representative addressed and thanked the Council. Motion to Suspend Rules to take item #10.1 out of order by C. Rourke, seconded by C. Mercier. So voted. The Executive Session was completed at 8:15 PM and Roll Call at 8:19 PM to reconvene the public session showed 9 present (C. Samaras at 8:20 PM). CITY CLERK 2. - CITY CLERK 2.1. 2014 / 53 - Minutes of City Council Meeting January 14th, Special Meeting January 14th, 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. Rourke, seconded by C. Milinazzo. So voted. CITY AUDITOR 3. - CITY AUDITOR 3.1. 2014 / 55 - Communication - FY 2014 Audit In Council, read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. Mercier. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 43 - MOTION RESPONSES A. CC Motion of 11/26/13 by C. Elliott - Neighborhood Police Precincts B. CC Motion of 12/10/13 by M. Murphy - Park Lighting C. CC Motion of 12/10/13 by M. Murphy - Department of Justice D. CC Motion of 8/27/13 by C. Mercier - Meeting between police and neighborhood groups re: public safety PETITION RESPONSES 15 Minute Parking (1) Handicap Parking (2) In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Martin. So voted. MOTION RESPONSES A. CC Motion of 11/26/13 by C. Elliott - Neighborhood Police Precincts. No comments. B. CC Motion of 12/10/13 by M. Murphy - Park Lighting. No comments. C. CC Motion of 12/10/13 by M. Murphy - Department of Justice. No comments. D. CC Motion of 8/27/13 by C. Mercier - Meeting between police and neighborhood groups re: public safety. C. Mercier noted response. PETITION RESPONSES City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 10) 15 Minute Parking (1). No comments. Handicap Parking (2). No comments. 4.2. 2014 / 49 - Communication-Appoint Dr. Julia Hans (Green Building Commission) In Council, read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. Martin. So voted. C. Mercier commented on appointments by the Manager noting there should be a hold on such appointments and to delay any actions on appointments. Substitute Motion by C. Mercier, seconded by C. Belanger “to delay action regarding appointments by Manager and hold off on future appointments by the Manager.” On motion C. Kennedy questioned Adam Baacke (DPD) regarding planning board and zoning board appointments. Mr. Baacke noted that those appointments should be filled as delay could be detrimental to economic development. C. Mercier commented that there have been several vacancies in the past. C. Rourke commented that the Manager should not have brought the appointments forward. C. Milinazzo questioned procedure and that the motion is out of order. C. Mercier commented the intent of the motion is to stop the appointments being made at this time. Mayor sought opinion regarding motion from Solicitor. City Solicitor noted that motion should be filed before hand to be in compliance with the Open Meeting Law and that the motion is not connected to the underlying item. C. Mercier withdrew the motion together with C. Belanger. 4.3. 2014 / 54 - Communication-Appoint Salmira Mitchell (Pollard Memorial Board of Trustees) In Council, Motion to Table by C. Mercier, seconded by C. Belanger. Adopted on Roll Call vote, 5 yeas, 4 nays (C. Leahy, C. Martin, C. Milinazzo, C. Samaras). So voted. Motion to Reconsider by C. Rourke, seconded by C. Milinazzo. Chair noted that motion was not proper as Motion to Table was adopted and Motion to Take from Table would be more in line. No action on motion. 4.4. 2014 / 57 - Communication-Appt Robert Malavich (Planning Board) In Council, read and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Rourke. So voted. C. Milinazzo noted the career and accomplishments of the appointment. C. Belanger questioned the need for the appointment at this time. C. Kennedy questioned when a new alternate member would be in place. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 10) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey 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 4.5. 2014 / 59 - Communication-Appt Michael J. Paglia (ZBA) In Council, read and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. Manager commented on the need for a full body on this board. C. Belanger commented on the zoning board procedure and that if a member were not present the meeting could go forward. Manager noted any delays are not business friendly. Mr. Paglia was present and thanked Council. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey 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 4.6. 2014 / 45 - Out of state travel request (1) In Council, read and approved. 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 Elliott, Rodney M. x Belanger, Corey 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 VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 46 - Vote-Authorize C/M execute parking lease agreement with Caleb Westford St. Corp for property at 2 Leroy St In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x 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 5.2. 2014 / 48 - Vote-License Agreement-(overhanging sign) 262 Merrimack St. In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 10) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x 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 Samaras, William x x 5.3. 2014 / 50 - Vote-Declare Surplus and convey 21 Davidson St to (David T. Daly) In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey 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 x Samaras, William x 5.4. 2014 / 51 - Vote-Plan Change to JAM Plan In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 10) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey 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 5.5. 2014 / 52 - Vote-Execute LDA (9 Pearl St) and convey to Tallage, LLC In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, seconded by C. Martin. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey 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 ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2014 / 47 - Order-60 day trials (various In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 10) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. x x Leahy, John J. x x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2014 / 56 - Special Meeting 1/21/2014 In Council, Motion to accept the report as a report of progress by C. Milinazzo, seconded by C. Rourke. So voted. M. Elliott recapped the meeting regarding selection process of the next City Manager and City Auditor. PETITIONS 8. - PETITIONS 8.1. 2014 / 58 - Claims (1) claim for property damage In City Council, referred to Law Department for report and recommendation by Motion of C. Mercier, seconded by C. Martin. So voted. 8.2. 2014 / 60 - Misc. - University of Massachusetts Lowell, Request storage of 3,200 gallons of Diesel Fuel II Liquids aboveground @ 220 Pawtucket Street. In Council, given 1st reading. Motion to refer matter to Public Hearing on February 11, 2014 at 7 PM by C. Leahy, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 10) CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 61 - C. Belanger - Request the City Mgr. organize a meeting between Trinity Financial and the City Council to provide updates regarding the Hamilton Canal Project. In Council, seconded by C. Kennedy, read and referred as amended to the Economic Development SC. So voted. C. Belanger questioned the Manager regarding project and commented that this project should be moving forward at all costs. Manager commented it was a very important project for the City. Motion to amend matter be referred to Economic Development SC by C. Milinazzo, seconded by C. Rourke. So voted. CITY COUNCIL - EXECUTIVE SESSION 10. - CITY COUNCIL - EXECUTIVE SESSION 10.1. 2014 / 62 - To discuss contract negotiations with non-union personnel (City Manager) 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 Public Session after conclusion of Executive Session. C. Rourke indicated that it did not matter to him if the session were public or not. M. Elliott relinquished Chair to Vice Chair Leahy at 6:40 PM. M. Elliott commented there should be no Executive Session and that the Manager had decided what he will do and that all discussions should be public. C. Milinazzo noted Manager made it clear that he wanted to discuss the matter in Executive Session and the body should move forward with that. C. Samaras noted that Executive Session will assist in moving along with the process. C. Belanger noted he preferred an open hearing discussion. Vice Chair Leahy relinquished Chair to Mayor Elliott at 6:45 PM. Roll call to enter Session was at 6:45 PM. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 10) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Belanger, seconded by C. Martin. So voted. Adjourn at 9:05 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov