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 28, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2014 / 64 - Minutes of City Council Meeting January 21st, Special Meeting January 21st, for acceptance. Roll call showed 9 present. Mayor Elliott Presiding. C. Leahy requested moment of silence in darkened chamber for Nancy K. Geary and Stella Tsapatsaris as well as all other citizens of Lowell who have passed this week. Motion to Suspend Rules to present citation by C. Mercier, seconded by C. Rourke. So voted. Mayor Elliott read and presented a citation to Martin Bernier for saving an individual’s life the prior week. Mr. Bernier addressed and thanked the Council. In Council, Minutes read, accepted and placed on file by Motion of C. Martin, seconded by C. Leahy. So voted. CITY AUDITOR 2. - CITY AUDITOR 2.1. 2014 / 71 - Communication – Response to verbal request of C. Mercier regarding ways to avoid DOR watch list. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 13) In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Belanger. So voted. C. Mercier noted the handbook and commented that it was important for next Auditor to follow guidelines and it also provided important information to the Council. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2014 / 25 - Ordinance-create new position and salary (One (1) Outreach Worker) Health Dept In Council, Given 2nd Reading and hearing held. Hearing closed. Adopted on Roll Call Vote. No remonstrants. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. 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 x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 3.2. 2014 / 27 - Ordinance-create new positions and salaries NIBRS Tracking Analyst, Computer Technician, Training Admin and Reentry Manager-Police Dept In Council, Given 2nd Reading and hearing held. Hearing closed. Adopted on Roll Call Vote. No remonstrants. Motion to “waive full reading” by C. Milinazzo, seconded by C. Martin. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 13) 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 x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 85 - Communication Summary Motion Responses A. Motion Response - DPD meet with Economic Development SC to develop incubator districts B. Motion Response - Request Neighborhood SC meet to generate ideas for traffic solutions C. Motion Response - Organize meeting between Trinity Financial and City Council D. Motion Response - Designate portion of Pawtucket Street Veterans Memorial Walkway Informational E. Informational - Statement of Interest - Butler F. Informational - Statement of Interest - Greenhalge G. Informational - Statement of Interest - Lincoln H. Informational - Statement of Interest - McAvinnue I. Informational - Statement of Interest - Murkland J. Informational - Statement of Interest - Pyne Arts K. Informational - Energy Aggregation Petition Response L. Petition Response - Handicap parking - 338 Universith Avenue City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 13) In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Martin. So voted. Motion Responses A. Motion Response - DPD meet with Economic Development SC to develop incubator districts. Motion by C. Martin, seconded by C. Leahy “to refer matter to Economic Development SC.” So voted. B. Motion Response - Request Neighborhood SC meet to generate ideas for traffic solutions. C. Leahy commented on the report for traffic and for parking spots. C. Motion Response - Organize meeting between Trinity Financial and City Council. No comments. D. Motion Response - Designate portion of Pawtucket Street Veterans Memorial Walkway. No comments. Informational E. Informational - Statement of Interest – Butler. No comments. F. Informational - Statement of Interest – Greenhalge. No comments. G. Informational - Statement of Interest – Lincoln. No comments. H. Informational - Statement of Interest – McAvinnue. No comments. I. Informational - Statement of Interest – Murkland. No comments. J. Informational - Statement of Interest - Pyne Arts. No comments. K. Informational - Energy Aggregation. C. Martin noted the report and the savings the program generated. Manager commented on the report focusing on savings and the use of “green energy”. C. Kennedy commented on the initiative and the savings to residents. C. Belanger noted the accomplishments of the administration regarding this report. Petition Response L. Petition Response - Handicap parking - 338 University Avenue. No comments. 4.2. 2014 / 84 - Communication-Appoint Zachary Ware (Green Building Commission In Council, read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. Mercier. So voted. CONSTABLE BONDS 5. - CONSTABLE BONDS 5.1. 2014 / 77 - Constable Bonds - (1) Bond (David Small); (1) Bond (Raymond D. Lamy); (1) Bond (Dale M. Elkins); (1) Bond (Manuel F. Barros), all for approval for term 1/7/2014-1/2/2017. In Council, read and adopted per Roll Call Vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 13) 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 VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 73 - Vote-Transfer $2,148 (DPD) In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Milinazzo. 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 6.2. 2014 / 74 - Vote-Transfer $12,500 (Election) In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Martin. So voted. New vote provided to Council to correct account number from which transfer would be taken. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 13) Motion to Suspend Rules to take votes indicated in Items #6.3 to 6.8 inclusive as one and that each vote would be considered separate and distinct by C. Mercier, seconded by C. Samaras. So voted. C. Kennedy questioned voting procedure and City Solicitor reviewed the matter. 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 6.3. 2014 / 78 - Vote-Auth Supt file Statement of Interest w MSBA under Accelerated Repair Program (Greenhalge School) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. 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 Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.4. 2014 / 79 - Auth Supt file Statement of Interest w MSBA under Accelerated Repair Program (Lincoln School) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 13) 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 Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.5. 2014 / 80 - Vote-Auth Supt file Statement of Interest w MSBA under Accelerated Repair program (McAvinnue School) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. 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 Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.6. 2014 / 81 - Auth Supt file Statement of Interest w MSBA under Accelerated Repair Program (Murkland School) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 13) 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 Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.7. 2014 / 82 - Vote-Auth Supt file Statement of Interest w MSBA under Accelerated Repair Program (Butler Middle School) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. 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 Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.8. 2014 / 83 - Vote-Auth Supt file Statement of Interest w MSBA under Accelerated Repair Program (Pyne Arts Magnet School) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 13) 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 Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2014 / 76 - Order-60 day trial (University Ave-338) In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. 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 Rourke, Daniel P. x x Samaras, William x x REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 13) 8.1. 2014 / 75 - Wire Insp. - National Grid - Underground electric conduit at 580 Chelmsford Street. In Council, read and accepted accompanying order by Motion of C. Samaras, seconded by C. Rourke. So voted. Motion to Suspend Rules to speak regarding traffic around Howe Bridge by C. Mercier, seconded by C. Rourke. So voted. C. Mercier noted the congestion in the general area. Asst. City Manager Marchand noted problems with intersection and lighting and will follow up with DOT. C. Leahy commented on the congestion of traffic in that area. PETITIONS 9. - PETITIONS 9.1. 2014 / 65 - Claims (2) claim for property damage. In City Council, referred to Law Department for report and recommendation by Motion of C. Kennedy, seconded by C. Belanger. So voted. 9.2. 2014 / 66 - Misc. – Request by Grand Manor Condominium Assoc. to address Council regarding Grand Manor Condominiums. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Leahy. So voted. Keith Parker, representing the petitioner addressed the Council outlining concerns of the association regarding contamination and remediation as well as environmental and financial hardships. Mr. Parker spoke to pending litigation and the defenses of the City. Ed Field, property manager for the association, commented on the condition of the property. Manager noted the issues and that the completion of the remediation work was paramount. Manager commented that the issue would be addressed in Executive Session and that there would be continued dialogue the association. C. Martin noted the pending litigation and there would be a limit as to what could be said and further communication is warranted. C. Mercier spoke to matter. City Solicitor O’Connor noted the matter should be addressed in executive session and that lawyers are present in the chamber with paper and pen for the association. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 13) 9.3. 2014 / 72 - Misc. – Request by Alison Laraba to address Council regarding Teaching Civic Engagement. In Council, read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. Leahy. So voted. Ms. Laraba commented on her opinion regarding the Council. 9.4. 2014 / 89 - Misc. – Request by Goldman and Curtis for Daly Realty Trust I for zoning change 219 Westview Raod. In City Council, referred to Law Department to draft ordinance by Motion of C. Mercier, seconded by C. Belanger. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2014 / 67 - C. Mercier – Req. City Council Rules SC establish guidelines as to what the Mayoral portrait should consist of. In Council, seconded by C. Belanger, read and referred Council Rules SC. So voted. C. Mercier noted reason to review protocol for the portrait. Aleks Tugbiyele, registered speaker, addressed the Council regarding ability to voice opinion as well as offering an opinion on the Mayor portrait. C. Milinazzo noted he was in favor of motion if the motion was about moving forward and not looking back. Mayor Elliott relinquished Chair to Vice-Chair Leahy at 7:51 PM. M. Elliott noted the there is a budget item for the portrait in the Mayor’s budget and that is where the oversight should be. M. Elliott noted he was not sure what to do with the current portrait of the former Mayor Murphy. Vice-Chair Leahy returned Chair to Mayor Elliott at 7:55 PM. C. Leahy supports the motion and thought all portraits should be traditional. 10.2. 2014 / 68 - C. Kennedy – Req. City Council Rules SC review the City Council Rules including Rule 22 and report back to full Council with any recommendations. In Council, seconded by C. Belanger, read and referred to City Council Rules SC. So voted. C. Kennedy noted need to clean up and review rules. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 13) 10.3. 2014 / 86 - C. Leahy – Req. City Mgr. provided update regarding construction on Kearney Square Bridge. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Leahy noted the need for update and completion date. Manager noted the work has continued. C. Samaras questioned how the businesses in that area have been assisted. Manager noted process before construction began. C. Kennedy commented need for time line for completion as congestion has grown. 10.4. 2014 / 87 - C. Leahy – Req. City Mgr. provide report regarding incident on East Merrimack St. on January 17th. In Council, seconded by C. Martin, read and referred as amended to the Public Safety SC. So voted. C. Leahy requested report to the Public Safety SC. Manager noted he would get information from the police department. 10.5. 2014 / 88 - C. Belanger – Req. City Mgr. provide an update on re-development of the Rialto Building. In Council, seconded by C. Kennedy, read and referred as amended to the Economic Development SC. So voted. C. Belanger noted the time involved with the project and it needs to move forward. Manager noted project and commented the funding was stalling work. C. Kennedy noted the funding was currently in place and that the project should move forward. Motion to Amend by C. Kennedy, seconded by C. Belanger “to refer to Economic Development SC.” So voted. M. Elliott relinquished Chair to Vice Chair Leahy at 8:10 PM. 10.6. 2014 / 69 - M. Elliott – Req. Public Safety SC meet with new police superintendent to begin discussion of implementation of community policing. In Council, seconded by C. Kennedy, read and referred as amended to the Public Safety SC. So voted. M. Elliott commented to keep moving forward with initiative. Manager commented on the police department reorganization and enhancing community policing. C. Belanger noted policy was important. C. Samaras requested that the subcommittee have police give report to full Council. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 13 of 13) 10.7. 2014 / 70 - M. Elliott – Req. City Council vote to request City Manager hold further appointments until new manager is hired. In Council, seconded by C. Mercier, read and adopted on Roll Call Vote, 8 yeas, 1 nay (C. Milinazzo). So voted. M. Elliott noted that there should be a holding off until new manager is in place as was done in the past. C. Milinazzo commented he would not support request in that he is of the opinion that it is not proper procedure under law and charter. Manager commented that it is his belief that it is in violation of the charter but that it is his intention not to appoint unless there is an urgency. C. Kennedy commented that it was not a violation as merely a request and that he supports appointing in an emergency. C. Belanger noted he supports the request and that he wishes to not divide Council. M. Elliott noted it is a request and has been done in past. Request was made for roll call vote. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by M. Elliott, seconded by C. Kennedy. So voted. Adjourn at 8:22 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov