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: Mar 04, 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 / 175 - Proclamation - To Lowell Women's Week Committee in recognition of Lowell Women's Week. Roll call showed 9 present. Mayor Elliott Presiding. M. Elliott presented the proclamation to Lowell Women’s Week Committee and recognized March 2-8, 2014 as Lowell Women’s Week. Representative from the committee thanked the Council. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 176 - Minutes of City Council Meeting February 25th; Zoning SC Meeting February 25th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Samaras, seconded by C. Rourke. So voted. M. Elliott relinquished Chair to Vice Chair Leahy at 6:45 PM. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 13) UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS 3.1. 2014 / 137 - M. Elliott – Req. City Council discuss setting up a joint Ad Hoc SC with City Council/School Committee to initiate discussion of high school and facility assessment report. In Council, seconded by C. Rourke, read and referred to City Mayor. So voted. M. Elliott noted that there is a report made and that it should be reviewed by City and School and Ad Hoc Committee makes most sense. C. Rourke noted that two committees should work together. C. Belanger noted that both the City and the schools have interest in the report and should work together. 3.2. 2014 / 138 - M. Elliott – Req. City Council discuss making Galligan Rd. a one way street. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. M. Elliott noted the increase activity in the area and need to review the traffic pattern. 3.3. 2014 / 143 - M. Elliott - Req. City Council discuss public participation process for the location of the recycling center. In Council, seconded by C. Milinazzo, read and referred as amended to Neighborhoods SC. So voted. Motion to Amend to refer matter to Neighborhoods SC by M. Elliott, seconded by C. Milinazzo. So voted. M. Elliott noted the public should be involved in the selection of the site. C. Belanger commented on use of land by City and the permitting process. M. Elliott questioned the use of the old landfill. Manager noted the issues with that location. City Solicitor O’Connor outlined the city use of property and permitting. Vice Chair Leahy returned Chair to M. Elliott at 6:51 PM. 3.4. 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. Belanger, seconded by C. Rourke to continue matter to end of next agenda. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 13) 3.5. 2014 / 126 - Executive Session regarding litigation report, public discussion of which could have a detrimental effect on the City’s position. Motion by C. Belanger, seconded by C. Rourke to continue matter to end of next agenda. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 166 - Communication Summary Motion Responses (A) Motion Response - Snow Removal and Parking Issues on Roper St. and address public safety issues (B) Motion Response - Current status and future proposed plans for Mill #5 building on Jackson Street (C) Motion Response - Refer current parking ordinance to the economic development subcommittee Informational (D) Informational - Condition Analysis Report for Leo Roy and Lower Locks Garages In Council, read, accepted and placed on file by Motion of C. Belanger, seconded by C. Kennedy. So voted. Motion Responses (A) Motion Response - Snow Removal and Parking Issues on Roper St. and address public safety issues. C. Mercier commented on the report. (B) Motion Response - Current status and future proposed plans for Mill #5 building on Jackson Street. C. Mercier commented on the report. (C) Motion Response - Refer current parking ordinance to the economic development subcommittee. No comments. Informational (D) Informational - Condition Analysis Report for Leo Roy and Lower Locks Garages. C. Kennedy questioned the report. Jim Troup (Parking Director) outlined the report and the prioritizing that was done. C. Kennedy questioned budgeted money for the projects. Manager noted it was not in budget but should be looked at. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 13) 4.2. 2014 / 180 - Communication - From City Manager - Ambulance Contract In Council, read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. Mercier. So voted. C. Rourke questioned contract. Manager responded to questions. C. Kennedy questioned if this was a response to his motion and was informed that it was. C. Kennedy commented on the lack of an RFP. Manager provided rational regarding not using and RFP in this matter stating that the services provided were of good quality. C. Kennedy questioned if the concerns of the LFD were addressed. Manager informed the Council that the concerns were addressed. C. Kennedy noted that the Board of Health was still fine tuning the contract and that there was no rush. C. Rourke questioned the splitting of the contract. C. Belanger questioned why the health board was involved. Manager outlined the board’s involvement. C. Milinazzo noted he had filed disclosure with Clerk on this matter. M. Elliott relinquished Chair to Vice Chair Leahy at 7:05 PM. M. Elliott noted that the lack of an RFP was concerning in light of the remarks of the Health Director to rush process and that the Board of Health should continue to scrutinize the issue. C. Kennedy commented that the Board of Health is acting properly in the matter. Manager noted the board is being deliberate. C. Samaras noted all issues should be brought forward and addressed. Manager noted that the participation by the board makes it a public process. Vice Chair Leahy returned Chair to M. Elliott at 7:10 PM. 4.3. 2014 / 160 - Communication-Accept resignation of Donna McIntosh (Immigration Comm) In Council, read, accepted and placed on file by Motion of C. Rourke, seconded by C. Milinazzo. So voted. 4.4. 2014 / 186 - Communication - City Mgr. Out of State Travel (1) LPD. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 13) Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 4.5. 2014 / 187 - Communication-Draft Budget (presentation of materials) In Council, read, accepted and placed on file by Motion of C. Rourke, seconded by C. Milinazzo. So voted. Manager made budget presentation for FY15. Manager recognized Mr. Baldwin and Mr. Conley for their contributions to the presentation as well as former Auditor Wright and CFO Moses. Manager made a power point presentation entitled “FY2015 Budget”. Manager noted the budget was level funded with a 3.5% tax increase and highlighted the following areas: 1. Revenue (local aid, local receipts, property tax); 2. Expenses (school, health insurance, charter schools, general fund government, contract settlements, public safety, capital plan); 3. Reserves (stabilization fund, chapter 17, free cash, excess levy capacity, OPEB trust fund); 4. Closing Recommendations (return to moderate tax increases, 5-10% reserve, best practice – data, long term forecasting and capital planning); 5. Results (highest bond rating to date). C. Kennedy noted it was good to have a document in front of the Council before the Manager departed. C. Kennedy questioned public safety portion and was informed by the Manager that the 5 new officers were not included with the budget. C. Kennedy questioned the charter school impact on budget. Manager noted it was large and outlined the issues faced by the City in that area and suggestions on how to address the issue. C. Kennedy questioned parking revenues and was informed by the Manager that it is early for projections and that parking funds go into the parking enterprise. C. Kennedy questioned the removal of vacant positions. Manager outlined reasoning for removing them from the budget. C. Kennedy questioned school spending. Manager commented on policy to meet the net school spending. C. Samaras questioned the charter school formula. Manager outlined the formula and how attempts should be made to get funding for the policy. C. Martin noted the issue is the funding not really the legislation. C. Martin question upcoming votes into the stabilization funds. Manager outlined the one time expenditures for retro pay. C. Milinazzo questioned the net school funding budgeted amount. Manager outlined the expenditure. C. Milinazzo commented that the tax increase is based on assumptions. Manager noted that tax increase is for a level service budget. C. Belanger commented on state funding. Manager commented on local aid and there could be changes as this budget was presented early. C. Belanger noted tax rate and increased value. Manager outlined the tax formula regarding the proposed increase. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 13) VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 159 - Vote-License Agreement (overhanging sign) 124 University Ave, BMH University LLC 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 x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x 5.2. 2014 / 161 - Vote-Apply/Accept/Expend Grant ($400K) Improvements to LMA In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, seconded by C. Martin. So voted. Manager noted that there must be a City match with this grant usually taken from ticket surplus money. C. Milinazzo questioned why the auditorium was not included in the Amerisco project. Manager outlined reasoning. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 13) 5.3. 2014 / 163 - Vote-To Accept and Approve temporary appt of Michael Q. Geary for the position of Acting City Manager and establish the temporary salary In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. The salary was established per vote at $145,000.00. 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 5.4. 2014 / 164 - Vote-To Accept and Approve temporary appt of Angela Gitschier for the position of Acting City Clerk and establish the temporary salary In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Leahy. So voted. The salary established by vote was $88,000.00. 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 5.5. 2014 / 165 - Vote-To Accept and Approve Temporary Appt of _______________ for the position of Acting City Auditor and establish the temporary salary City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 13) In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Kennedy. So voted. Karen O’Beirne was named acting auditor and the salary was established at $86,000.00 per vote. 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 Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x x ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2014 / 162 - Order-60 day trial In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, 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. x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 13) 7.1. 2014 / 184 - Public Safety SC 03-04-14. In Council, M. Elliott reported on Special Meeting on 3/3/14 noting that a public hearing for public participation in the selection of the manager and the auditor would by March 12, 2014 at 7 PM. C. Belanger noted the input is not an endorsement of a candidate but should be what qualifications one would seek. Motion to accept the report as a report of progress by C. Kennedy, seconded by C. Martin. So voted. In Council, M. Elliott reported on the Finance SC meeting on 3/3/14 noting the discussion of the temporary salaries of the acting manager, clerk and auditor. Motion to accept the report as a report of progress by C. Milinazzo, seconded by C. Rourke. So voted. In Council, C. Rourke reported on the Public Safety SC meeting on 3/4/14 noting those who attended and the police reorganization. Motion to accept the report as a report of progress by C. Belanger, seconded by C. Kennedy. So voted. PETITIONS 8. - PETITIONS 8.1. 2014 / 185 - Claims - (11) claims for property damage. In City Council, referred to Law Department for report and recommendation by Motion of C. Kennedy, seconded by C. Leahy. So voted. C. Leahy noted some reports were very close in time and requested that be reviewed. 8.2. 2014 / 177 - Misc. - Leonidas Diaz request (1) handicap parking sign at 27 Walnut Street In City Council, referred as amended to Traffic Engineer for report and recommendation by Motion of C. Samaras, seconded by C. Rourke. So voted. Motion by C. Mercier, seconded by C. Rourke “to amend to a 60 day trial”. So voted. 8.3. 2014 / 183 - Misc. - Charter Environmental, Inc. reqeust for use of the City Driveway off Westford Street to the City Landfill. In City Council, referred to Law Department to draft proper vote by Motion of C. Martin, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 13) CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 167 - C. Kennedy - Req. North Middlesex Council of Government (NMCOG) callabrate the gas dispensers at 309 Chelmsford St. and provide City Council with a report on the status of all callabrations in the City. In Council, seconded by C. Leahy, read and referred to City Manager. So vote. C. Kennedy questioned whether the new gas stations were being calibrated properly and what the process for the calibration is. 9.2. 2014 / 168 - C. Kennedy - Req. City Mgr. have proper department examine the recent paving job on Westview Rd. and provide report to City Council. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Kennedy noted that the condition of the street was not very good considering the paving was done no that long ago. C. Leahy noted damage at the end of the street. 9.3. 2014 / 169 - C. Kennedy - Req. City Mgr. explain the reasoning behind hiring an outside law firm as a hearing officer for the police personell hearings. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Kennedy questioned the reasoning for hiring outside counsel for hearings. Manager commented that he felt he wanted to keep things moving with the process and that he was just managing during his last days. C. Milinazzo commented that the officers wished for some time in the process and that any manager can hire a hearing officer. C. Belanger noted it was a serious incident and he favored an independent hearing officer and that officers should be given sufficient time. City Solicitor O’Connor noted the parties will be setting up a time schedule shortly. 9.4. 2014 / 170 - C. Rourke - Req. City Mgr. have LFD review possible use of NARCAN as part of their operating procedures. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Rourke outlined what NARCAN was used for and could be a vital part of first responder procedures. C. Mercier noted the importance of saving people. Manager commented that there has been some review of the use but there are issues with the roll out. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 13) 9.5. 2014 / 171 - C. Mercier - Req. Mayor's Office notify and invite Sean Harmon, the artists and all others responsible for the tremendous transformation of the Council Chamber to one of our meetings to be recognized for a job well done. In Council, seconded by C. Leahy, read and referred to City Mayor. So voted. C. Mercier commented on the chamber and noted that all should be recognized for their work. C. Leahy recommended a reception. 9.6. 2014 / 172 - C. Leahy - Req. City Mgr. have proper department reexamine the pedestrian crossing lights at the corner of Dutton and Market Streets. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy noted the intersection is not functioning as it should. 9.7. 2014 / 173 - C. Milinazzo - Req. City Mgr. provide a report on the use of the Receivorship Program to combat abandoned properties in the City of Lowell. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Milinazzo noted the motion speaks for itself. 9.8. 2014 / 178 - C. Martin - Req. City Council seek appointments and vote to appoint remaining members to the LTC board. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Martin noted appointment of fifth member LTC board should be made and commented that John McDonough was interested. Motion to amend to appoint member to LTC board by C. Leahy, seconded by C. Belanger. So voted. Motion to appoint John McDonough to LTC board by C. Leahy, seconded by C. Belanger. So voted. 9.9. 2014 / 179 - C. Martin - Req. City Council acknowledge contributions of Bernie Lynch as City Manager. In Council, seconded by C. Milinazzo, remarks made on Council floor. So voted. C. Martin requested the matter be moved to end of agenda and request was honored. Registered speakers Amy and Patrick Farmer thanked the Manager for his work. A letter from Jessica Wilson of the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 13) LTC was introduced and C. Martin read letter authored by Ann Marie Page regarding the Manager. C. Martin recognized the accomplishments of the Manager, including but not limited to, budget policy; JAM plan; neighborhood housing and energy operations. C. Martin noted that the way has been set for a lot of opportunity in Lowell. Motion to Suspend Rules to allow speaker by C. Samaras, seconded by C. Rourke. So voted. Ms. Slater addressed Council and recognized the Manager’s accomplishments in the area of neighborhood initiatives. C. Milinazzo complimented the Manager on his work, especially with the business community. C. Samaras noted Manager’s accomplishments with the schools. C. Rourke wished the Manager luck in the future. C. Leahy complimented Manager on his work with the schools. C. Belanger thanked Manager for his dedication to the job. C. Kennedy recognized the Manager financial stewardship, especially during recession. M. Elliott recognized Manger’s work regarding data based budget. Manager thanked Council and noted the financial stability of the City as well as improved business connection within the City. Manger recognized the employees and department heads as individuals of high quality and dedication. Manager thanked the Council for their support and also the citizens of Lowell. 9.10. 2014 / 174 - M. Elliott - Req. City Mgr. contact rail road company regarding compliance issues with the idling trains in South Lowell. M. Elliott relinquished Chair to Vice Chair Leahy at 9:15 PM. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. M. Elliott noted it was a pressing issue with a difficult company. Manager noted a letter was recently sent out and noted limited ability to deal with railroad. 9.11. 2014 / 181 - M. Elliott - Req. City Mgr. provide police reports regarding cell block incident. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. M. Elliott requested the report as other entities have it. City Solicitor O’Connor noted the report is public and will be provided. 9.12. 2014 / 182 - M. Elliott - Req. City Mgr. provide update regarding Service Zone Plan and refer to Public Safety SC for discussion. In Council, seconded by C. Kennedy, read and referred to Public Safety SC. So voted. M. Elliott noted there is a need for the plan and would like to see progress on the matter. Manager outlined process and where the City is at in the process. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 13 of 13) C. Leahy returned Chair to M. Elliott at 9:21 PM. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Martin. So voted. Adjourn at 9:50 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov