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 25, 2014 Time: 6:40 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS 1.1. 2014 / 131 - Citations - Jack Trottier and Paul Sickinger, Seniors at Tyngsboro High School, for their community service work in collaboration with the Lowell Fire Department to collect winter coats for the homeless and those in need. Citation - Arnaldo and Carmen Silva in recognition of new business, Sao Miquel Restaurant. Roll call showed 8 present, 1 absent (C. Samaras). 6:40 PM. Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for Theodore Oxton along with other citizens who passed away during the week. M. Elliott presented citations to each individual all of whom addressed and thanked the Council. Larry Finn (LFD) recognized the effort that was made to collect the coats. C. Mercier recognized the accomplishment of the coat drive. C. Kennedy commented on the revitalization of the Council Chamber. CITY CLERK 2. - CITY CLERK City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) 2.1. 2014 / 130 - Minutes of City Council Meeting February 11th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Belanger. So voted. CITY AUDITOR 3. - CITY AUDITOR 3.1. 2014 / 139 - Communication – Paid vacation and sick leave from 1/1/2010 – 2/12/2014. Communication - Paid vacation and sick leave email request. (original motion) Communication - FY 2014 Audit. In Council, all three communications read, accepted and placed on file by Motion of C. Leahy, seconded by C. Martin. So voted. UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2014 / 100 - National Grid/Verizon NE – Request pole location at 59 South Whipple St. In Council, Given 2nd Reading and hearing held. Hearing closed. No remonstrants. Speaking in favor were Dave Boucher, representing National Grid, and Nick Filkus of Whipple St. Matter referred Wire Inspector for report and recommendation by motion of C. Kennedy, seconded by C. Belanger. So voted. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2014 / 128 - Communication Summary Motion Responses (A) Motion Response - ShotSpotter (B) Motion Response - Properly mark parking spaces on Dublin Street as parking for COA employees only (C) Motion Response - Update on redevelopment of the Rialto Building (D) Motion Response - Kearney Square Bridge Update (E) Motion Response - MSBA Claims City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 11) Informational (F) Informational - MCC Flier - Lowell Crit Infrastr Forum of 2-24-14 (G) Informational - Resignation Letter (H) Informational - Net School Spending In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Rourke. So voted. Motion Responses (A) Motion Response – ShotSpotter. Motion by C. Rourke, seconded by C. Milinazzo to refer to Public Safety SC. So voted. (B) Motion Response - Properly mark parking spaces on Dublin Street as parking for COA employees only. No comment. (C) Motion Response - Update on redevelopment of the Rialto Building. No comment. (D) Motion Response - Kearney Square Bridge Update. C. Leahy commented on project. (E) Motion Response - MSBA Claims. No comment. Informational (F) Informational - MCC Flier - Lowell Crit Infrastr Forum of 2-24-14. No comment. (G) Informational - Resignation Letter. No comment. (H) Informational - Net School Spending. No comment. 5.2. 2014 / 127 - Communication-Accept Resignation of Troix Bettencourt (Hunger/Homeless Comm) In Council, read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. Rourke. So voted. C. Mercier noted the city appointments to the commission are made by the Council. M. Elliott made note of the issue. Manager noted that the commission may be changing its charter. 5.3. 2014 / 147 - Communication - Mgr. Out of State Travel (1) DPD. In Council, read and adopted per Roll Call Vote. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) Samaras, William VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 153 - Vote-Authorize City Manager Execute Third Amendment to LDA with Trinity Hamilton Partnership In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. Adam Baacke (DPD) outlined the vote and the progress of the project. C. Belanger questioned when Trinity would be available for review of project. A representative of Trinity (Abby Goldenfarb) was present and noted the progress of project regarding parking and marketing and leasing efforts for future stages. C. Belanger noted the full page ads by Trinity outlining progress. C. Martin questioned the national park parcels role in the project. Mr. Baacke commented on the importance of the parcels and the complex nature to obtain them. C. Martin commented on the one year time frame. C. Rourke commented on Mr. Baacke’s future assistance. 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 6.2. 2014 / 154 - Vote-Transfer $2M from Chapter 17 account to School Dept In Council, read twice and adopted. Manager made presentation entitled “NET SCHOOL SPENDING” dated February 25, 2014 which also provided responses to C. Kennedy motion (Item #10.5) as well as C. Leahy/C. Samaras motion (Item #10.3). The Manager presentation outlined the history of school spending and the current deficit along with action plan to correct said City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) deficit. C. Kennedy noted he was pleased that there would be a budget before Council prior to Manager’s departure. C. Kennedy questioned the use of Chapter 17 funds versus Stabilization funds. Manager noted that the approach was more disciplined. C. Rourke questioned the amount in Chapter 17 funds and was informed by Manager there was about 4.2 million. C. Rourke questioned whether to fund full amount. Manager noted that less risk as laid out in his action plan. C. Milinazzo questioned the cause of deficit of school spending. Manager outlined reasoning of deficit noting health and energy savings. C. Leahy commented the school would spend all they are budgeted. Manager noted historically the policy was not to meet net school funding. C. Mercier commented on snow removal costs going toward net spending. Manager noted the filing procedures by school administration for net spending and the cooperation with the city administration. C. Leahy commented on the good communication between the two administrations. M. Elliott relinquished the Chair to Vice Chair Leahy at 8:07 PM. M. Elliott noted that the Council was left in the dark concerning this issue by the administration and they would have acted if they were informed. Manager commented on school administration reporting and the time line. C. Martin noted the complex system of school funding and commented that the results are good as schools are funded. Vice Chair Leahy returned Chair to M. Elliott at 8:17 PM. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x 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 ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2014 / 152 - Ordinance-Quarterly Traffic (Feb) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) In City Council, Given 1st Reading and Motion to refer matter to Public Hearing on March 11, 2014 at 7PM. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2014 / 140 - Zoning SC 02-25-14. In Council, C. Milinazzo outlined meeting and noted those in attendance. C. Belanger commented on the meeting and the cooperative nature of those involved. C. Leahy commented on the meeting as well. Motion to accept the report as a report of progress by C. Kennedy, seconded by C. Leahy. So voted. C. Rourke noted Public Safety SC meeting on March 4, 2014. C. Leahy commented on meeting held at Middlesex Community College regarding infrastructure in the City. M. Elliott noted that a Special Meeting of the Council should be set up for March 3, 2014 at 5 PM regarding the selection process for the City Auditor and City Manager as well as discussion regarding an Acting City Auditor. 8.2. 2014 / 5 - Wire Insp. - National Grid - Electrical Main installation on Industrial Avenue and Stevens Street. In City Council, Motion to accept and adopt the accompanying order by C. Belanger, seconded by C. Kennedy. So voted. PETITIONS 9. - PETITIONS 9.1. 2014 / 133 - Claims (3) claim for property damage. In City Council, referred to Law Department for report and recommendation by Motion of C. Martin, seconded by C. Rourke. So voted. Motion to Suspend Rules by C. Mercier, seconded by C. Rourke to discuss the transition to Acting City Auditor. So voted. C. Mercier commented on what would be the plan for an acting auditor once the current auditor leaves. M. Elliott noted there was an assistant auditor in the department who by law would move up. C. Mercier, while still under suspension of the rules, commented on power supply program. Manager explained program and the better rates to the consumers along with reusable energy. C. Belanger commented on the savings. CITY COUNCIL - MOTIONS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) 10. - CITY COUNCIL - MOTIONS 10.1. 2014 / 134 - C. Leahy – Req. Rules SC consider as a recommendation that the Mayor’s portrait be completed within the first 3 months of his or her inauguration. In Council, seconded by C. Belanger, read and referred to Rules SC. So voted. C. Leahy commented there should be some discussion of the matter. 10.2. 2014 / 146 - C. Leahy - Req. City Mgr. provide update regarding the Methadone Clinic site on Steadman St. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy noted the neighborhood is concerned with the current status project. 10.3. 2014 / 150 - C. Leahy/C. Samaras - Req. City Mgr. discuss plans to address the School Budget shortfall prior to his departure. In Council, no second needed, discussed in response under item #6.2 (Vote–Transfer of 2M). So voted. 10.4. 2014 / 151 - C. Leahy/M. Elliott - Req. City Mgr. have proper Dept. Heads (City and School) involved with snow removal meet with Municipal Facilities SC to discuss snow removal. In Council, no second needed, read and referred to City Manager. So voted. The discussion was combined with C. Kennedy motion(Item #10.7). C. Leahy noted there should be set expectations especially in the downtown. M. Elliott questioned the equipment being utilized. Motion to Suspend Rules by C. Milinazzo, seconded by C. Mercier to allow speaker. Mr. Betros commented on the lack of snow removal in the downtown. Manager commented he would look into issue. 10.5. 2014 / 135 - C. Kennedy – Req. City Council and City Mgr. discuss the letter dated January 31, 2014 from the Mass. Commission of Elementary and Secondary Education regarding School Budget shortfall. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) In Council, seconded by C. Belanger, read and discussed. So voted. Additional discussion in response under item #6.2 (Vote–Transfer of 2M). C. Kennedy commented on prior budget and noted that the short fall was not due to zero increase in taxes but was attributed to how the administration crafted the budget. Manager noted that holding the line on taxes for an extended period was not cause but rather due to complex and multiple forces in play. C. Kennedy noted money could have been moved to avoid shortfall. Manager noted a moderate yearly increase of taxes is best practice. 10.6. 2014 / 136 - C. Kennedy/C. Leahy – Req. Mayor create a City Council SC dedicated to working with merchants and property owners to enhance and improve the commercial environment in the Central Business District. In Council, no second needed, read and referred to Mayor. So voted. C. Kennedy noted the focus should be on downtown and to provide conduit to City for all issues. C. Kennedy noted it could be done just for the term of the current Council and see if it is beneficial. C. Leahy also noted there should be straight focus on the downtown. C. Rourke noted his support of the motion. C. Belanger commented that it would fit with the task force being formed as the task force would be made up of business leaders. C. Milinazzo noted that the committee could interact with existing organizations for the downtown. 10.7. 2014 / 142 - C. Kennedy - Req. City Mgr. instruct the DPW Commissioner create an improved plan for snow removal in the Central Business District. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Kennedy noted that more thought should go into snow removal practice in terms of being more in tune with the businesses. C. Milinazzo commented that there can be a better job done with the snow removal downtown. C. Belanger noted that a problem does exist with snow removal and that enforcement of parking ban must be heightened. C. Rourke noted the problems of this season. C. Martin commented a better job needs to be done. 10.8. 2014 / 148 - C. Kennedy - Req. City Mgr. and Acting City Mgr. begin the process of hiring a CFO to continue to formulate the City Budget until a permanent CFO is hired. In Council, seconded by C. Rourke, read and referred to City Manager and City Clerk. So voted. C. Kennedy noted the moving forward on the budget and commented that a financial person may be needed. C. Belanger noted that this service must be addressed. 10.9. 2014 / 149 - C. Kennedy - Req. City Mgr. explain why the City Administration and the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) Health Dept. chose not to undertake an RFP process for the City ambulance contract. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. Registered Speaker, Dave Daly, addressed the Council regarding the process of developing the contract. Manager outlined the process and the choices made. C. Kennedy noted his motion merely wants the reasoning behind not going to an RFP so that the public can have the information by way of a report. C. Rourke questioned who drafts the contract and also questioned the advance life support element of the contract. C. Mercier noted both companies and individuals were outstanding and that the choice is tough and that the Board of Health should address any issues with the contract. C. Martin noted he filed a disclosure of a potential conflict regarding the discussion and that he could move forward with the discussion. C. Belanger noted there would be a tough decision to be made and that it was out of the Council’s hands. Manager commented on the money element of the contract as well as choosing the best performers under the contract. M. Elliott relinquished the Chair to Vice Chair Leahy at 9:40 PM. M. Elliott noted that RFP was a cleaner and more transparent process and it should be followed. Manager noted there is public participation in developing this contract. Vice Chair Leahy returned Chair to M. Elliott at 9:45 PM. 10.10. 2014 / 144 - C. Mercier - Req. City Mgr. have proper department install 2 signs (No Parking Here To Corner) at both corners of Roper St. and Rockingham St. In Council, seconded by C. Martin, read and referred to City Manager. So voted. Motion by C. Rourke, seconded by C. Milinazzo to take this matter and C. Mercier’s motion (Item #10.11) as one. So voted. Registered Speaker, Stewart Segal, addressed the Council parking ban enforcement during snow storms. Manager made note of the enforcement issue. C. Mercier commented on bans as well as the placement of signs to assist with snow clearing. C. Leahy noted the safety issue and the need to address the problems in that area. 10.11. 2014 / 145 - C. Mercier - Req. permission to discuss and question snow removal and parking issues on Roper St. and adress public safety issues. In Council, seconded by C. Martin, read and referred to City Manager. So voted. Matter reviewed as noted above in Item #10.10. Motion to Waive Rule 5 by C. Rourke, seconded by C. Mercier. Defeated by two nay votes (C. Kennedy, C. Martin). So voted. The remaining items to be addressed on next agenda. 10.12. 2014 / 137 - M. Elliott – Req. City Council discuss setting up a joint Ad Hoc SC with City City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) Council/School Committee to initiate discussion of high school and facility assessment report. No waiver of Rule 5, matter to be taken up on subsequent agenda. 10.13. 2014 / 138 - M. Elliott – Req. City Council discuss making Galligan Rd. a one way street. No waiver of Rule 5, matter to be taken up on subsequent agenda. 10.14. 2014 / 143 - M. Elliott - Req. City Council discuss public participation process for the location of the recycling center. No waiver of Rule 5, matter to be taken up on subsequent agenda. 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. No waiver of Rule 5, matter to be taken up on subsequent agenda. 11.2. 2014 / 126 - Executive Session regarding litigation report, public discussion of which could have a detrimental effect on the City’s position. No waiver of Rule 5, matter to be taken up on subsequent agenda. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to waive Rule 5, defeated. Motion to Adjourn by C. Martin, seconded by C. Rourke. So voted. Adjourn at 10:05 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov