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: Feb 11, 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 / 112 - Citations – (1)Stephen Paris and (1)Matthew Sheehan; City of Lowell, 911 Dispatchers who assisted residents on Cabot St. December 12, 2013, out of a burning building, while off duty. Citations – (1)Domenique Riviera and (1)Noelia Aquino; Lifeguards for lives they saved last summer. Roll call showed 9 present. Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for Thomas McKay along with other citizens who passed away during the week. C. Milinazzo spoke of Mr. McKay and requested Mayor send a letter to management at the Lowell Memorial Auditorium requesting them to dim the lights at upcoming event and suggested the Middlesex Community College lecture series. C. Leahy commented on achievements of Mr. McKay. M. Elliott noted he would send letter and spoke of Mr. McKay. C. Samaras noted the assistance Mr. McKay gave to the high school over the years. M. Elliott presented citations to each individual all of whom addressed and thanked the Council. CITY CLERK 2. - CITY CLERK City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 10) 2.1. 2014 / 111 - Minutes of City Council Meeting February 4th and Special Meeting February 3rd, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Belanger, seconded by C. Kennedy. So voted. Motion to Suspend Rules to take item #5.1(B) out of order by C. Kennedy, seconded by C. Belanger. So voted. UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS 3.1. 2014 / 20 - Order-Discontinue a portion of Worcester Rd In Council, read twice and adopted. Order held in Clerk’s Office for 7 days after public hearing. 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 x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 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 2nd Reading and hearing held. Hearing closed. Adopted on Roll Call vote. No remonstrants. Speaking in favor was Rick Wood, representing UML, who was present to City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 10) answer questions. Lt. Stephen Mello of the LFD commented the department had signed off on the petition. 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 Rourke, Daniel P. x x Samaras, William x 4.2. 2014 / 28 - Ordinance-Create new position and salary (part-time, temporary Literacy Director) Library In Council, Given 2nd Reading and hearing held. Hearing closed. No remonstrants. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. So voted. Adopted on Roll Call vote. C. Kennedy questioned the reasons behind the ordinance. Manager outlined the reasoning for the ordinance. Victoria Woodley, Pollard Library Director, commented on the position and noted grant funded. C. Kennedy noted part time position. 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 Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 10) 4.3. 2014 / 29 - Ordinance-Amend position and salary Director of Elections to (Director of Elections/Municipal Hearing Officer) In Council, Given 2nd Reading and hearing held. Hearing closed. No remonstrants. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. Adopted on Roll Call vote. Speaking in favor was Jeff Wilson, Commission on Disability and; Gerry Nutter and Patrick McCartin, Election Commissioners. C. Kennedy commented on rational behind the ordinance and questioned if there were savings. Manager noted the legislative changes to election laws and the need for more attention in running office. C. Kennedy commented on hearing element of the ordinance. Manager noted the hearings can be done with some flexibility. C. Mercier questioned the hearing procedures. Manager outlined those procedures. Motion to Suspend Rules to take item #5.1(A) out of order by C. Mercier, seconded by C. Samaras. 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 Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2014 / 109 - Informational (A) Informational - New Economic Development Projects (B) Informational - Downtown Single Stream Recycling Center (C) Informational - Abandonment of Worcester Road north of Surrey Lane In Council, read, accepted and placed on file by Motion of C. Belanger, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 10) Informational (A) Informational - New Economic Development Projects. Manager outlined two new projects in Lowell and commented on how City is a big mover in terms of economic development. Mr. Sal Lupoli, developer, commented on his company’s new endeavor on Thorndike Street. Mr. Lupoli spoke to his and his company’s background and his prior work in Lawrence. Mr. Lupoli noted new project would be mixed use of commercial and residential elements and be done in two phases over 3-5 years. Mr. Lupoli noted his strive to create jobs and provide market value housing. Mr. Lupoli noted his interest in business incubator centers. M. Elliott commented that this project should be followed by the Economic Development SC to assist with issues that may arise. C. Mercier welcomed the project and was pleased Mr. Lupoli has ventured into Lowell. C. Samaras noted that the City would assist with the projects and have a positive working environment. C. Belanger noted the creation of jobs by the development. C. Leahy noted the sense of pride by the developer in his work. C. Kennedy commented on location and parking. C. Martin noted the friendly permitting process in the City. Second project was outlined by Mr. John Power who commented on the Pawtucket Blvd. site and the opportunities available in Lowell. Mr. Power noted the City’s focus on moving forward. Mr. Power gave specifics of the building and how they would fill the remaining open space. Mr. Power noted that once companies come to Lowell they will stay. C. Mercier thanked Mr. Power for his continued investment in the City. C. Belanger noted he would like tour of the building. C. Milinazzo commented on all of the prior success of Mr. Power. C. Kennedy commented on the importance of filling the building. C. Martin noted Mr. Power was champion for the City of Lowell. C. Samaras commented on all of the prior commitments to Lowell High School by Mr. Power. M. Elliott noted this would be another project followed by the Economic Development SC. (B) Informational - Downtown Single Stream Recycling Center. Atty. Mark Regan, resident of Bagshaw Mills, addressed the Council concerning recycling on the adjacent lot to the complex. Atty. Regan outlined the property and the activity that was happening on the site. Mr. John Braitwaite, registered speaker, noted the health concern with the proposed center. Mr. Peter Deluca, registered speaker, commented on environmental impact of the site. Mr. Stephen Greene, registered speaker, commented on recycling and the cost savings and that a new site could be identified. Mr. Stephan Conant, registered speaker, commented on the effect on the river by placing the site there. Manager noted there were mistakes in selection of the site and that it will be located elsewhere. C. Kennedy noted issue with lack of information and that the Council should be kept informed as process moves along. C. Belanger commented on the lack of compliance by the City with the current dumpster ordinance. C. Mercier noted the misstep and the City is back on the correct path. C. Samaras noted the importance of recycling but there must be a balance with our natural resources. Manager noted there was a jumping of the gun in terms of site location. C. Milinazzo commented on notice concerns and the fact that the sites may be mobile. Motion to accept the report as a report of progress by C. Mercier, seconded by C. Milinazzo. So voted. (C) Informational - Abandonment of Worcester Road north of Surrey Lane. C. Martin spoke to the report. Motion by C. Martin, seconded by C. Rourke “to refer to City Manager to begin process to abandon any public rights in the remainder of Worcester Road.” So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 10) 5.2. 2014 / 110 - Out of State Travel - Parking In Council, read and adopted per Roll Call Vote. C. Leahy commented on limited parking spots after snow removal. Manager noted the issue and that it should be discussed. 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 VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 117 - Vote-Temporary License Agreement (299 Tanner St) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Rourke. 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. Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 10) ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2014 / 115 - Order-60 day trial In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. C. Mercier noted neighborhood support. 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 REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) C. Milinazzo noted Zoning SC scheduled for 2/25. C. Rourke noted Public Safety SC scheduled for 3/4. C. Belanger noted Economic Development SC scheduled for 2/18. M. Elliott commented on the use of IPads and the assistance with the use. PETITIONS 9. - PETITIONS 9.1. 2014 / 114 - Claims (2) claims for property damage. In City Council, referred to Law Department for report and recommendation by Motion of C. Rourke, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 10) 9.2. 2014 / 113 - Misc. - Mary Lallas, Lowell, MA request to address City Council Re:157 West Forest St. In City Council, referred to Law Department for report and recommendation by Motion of C. Mercier, seconded by C. Rourke. So voted. Ms. Lallas addressed the Council regarding the property and noted that they were willing to gift it to the City. C. Mercier questioned why this would be delayed. Manager noted he would take a look into the matter. 9.3. 2014 / 116 - Misc. – Atty. James Flood for Mr. & Mrs. Joseph Consalvo request zoning amendment 1291 Middlesex St. In City Council, referred to Law Department to draft proper ordinance by Motion of C. Milinazzo, seconded by C. Rourke. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2014 / 118 - C. Kennedy – Req. Finance SC recommend appropriate salary for Acting City Manager and Acting City Clerk. In Council, seconded by C. Rourke, read and referred to Finance SC. So voted. C. Kennedy commented that recommendation from the SC would be most prudent manner to address the issue. 10.2. 2014 / 119 - C. Belanger – Req. City Council request Mayor appoint a downtown economic development task force. In Council, seconded by C. Mercier, read and referred to Mayor. So voted. C. Belanger commented that this task force would be hands on with quick response time as opposed to long range planning. 10.3. 2014 / 120 - C. Mercier – Req. City Mgr. have proper department provide a report as to current status and future proposed plans for Mill #5 building on Jackson St. located in the Hamilton Canal District. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 10) In Council, seconded by C. Samaras, read and referred to City Manager. So voted. Randy Mathieu, registered speaker, addressed the Council concerning direction of building and lack of communication with abutters. C. Mercier noted the concerns but commented that the building was hidden jewel in the City. C. Mercier commented that the owner will be in better communication with other tenants. C. Belanger commented that the space was fantastic but had growing pains that needed to be addressed. C. Milinazzo commented that the zoning board got a lot of positive feedback regarding the special permit and that public oversight would continue. Manager noted it is an exciting project. 10.4. 2014 / 121 - C. Mercier – Req. City Mgr. have proper department explore the possibility of establishing a portion of McDermott Reservoir on Beacon St. as a site for a portion of a Community Garden for the Friends of the Reservoir. In Council, seconded by C. Samaras, read and referred to Parks & Recreation SC. So voted. C. Mercier commented on Master Plan and community gardens. 10.5. 2014 / 122 - C. Mercier – Req. City Mgr. have proper department inspect glass in windows in all downtown buildings for safety. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Mercier relayed story of falling glass downtown but did not have specifics. C. Mercier recommended sending out notices to building owners regarding glass. C. Martin questioned how that would proceed. Manager commented he would look into different avenues to notify building owners. Mayor Elliott relinquished Chair to Vice Chair Leahy at 9:50 PM. 10.6. 2014 / 123 - M. Elliott – Req. City Council discuss ordinance pertaining to accumulated annual vacation and sick leave policy and refer matter to Personnel SC. In Council, seconded by C. Rourke, read and referred to Personnel SC. So voted. M. Elliott noted the amount of money which may be involved and the accumulation after the first of the year. M. Elliott commented the solution may be in pro-rating the pay outs. C. Kennedy commented on the union contract it may affect. 10.7. 2014 / 124 - M. Elliott – Req. City Auditor provide report on costs of accumulated annual vacation and sick leave for employees who have resigned or have retired since January 1, 2014. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 10) In Council, seconded by C. Mercier, read and referred to City Auditor. So voted. M. Elliott commented the need to know the costs. C. Kennedy recommended that the report go back a few years, M. Elliott accepted that recommendation. Motion to Suspend Rules to allow discussion on school budget shortfall by C. Mercier, seconded by C. Samaras. So voted. M. Elliott discussed letter he had just received and wanted to bring it to the Council’s attention. Manager noted the letter and the process it is usually received. Manager noted that the 2014 number was not correct as the cost savings on health insurance would not be as high as calculated. C. Martin noted issue is when school aid goes up there is no correlation with state aid so there creates the gap and there is no credit for overfunding. Manager commented that Mr. Lang at the School Dept. generates the report. C. Milinazzo noted the health carrier contract and when it expires. CITY COUNCIL - EXECUTIVE SESSION 11. - CITY COUNCIL - EXECUTIVE SESSION 11.1. 2014 / 125 - Executive Session to discuss and release minutes of Executive Session meeting on January 21, 2014 and any other minutes that should be designated to be made public from executive sessions. Motion by C. Kennedy, seconded by C. Martin “delay executive session until next week’s meeting.” So voted. 11.2. 2014 / 126 - Executive Session regarding litigation report, public discussion of which could have a detrimental effect on the City’s position. Motion by C. Kennedy, seconded by C. Martin “delay executive session until next week’s meeting.” So voted. Vice Chair Leahy returned Chair to M. Elliott at 10:10 PM. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Martin, seconded by C. Mercier. So voted. Adjourn at 10:15 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov