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 11, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS Roll call showed 9 present. Mayor Elliott Presiding. C. Belanger requested moment of silence in darkened chamber for Paul Sheehy. C. Mercier also requested moment of silence in darkened chamber for Gladys Picanso along with other citizens who passed away during the week. M. Elliott presented a Citation and Key to the City to Sean Harmon owner of Harmon’s Paint and Wallpaper for work completed in restoring the City Council Chamber. 1.1. 2014 / 192 - Communication - Lowell High School Student Committee regarding restoration of the Kirk Street clock. In Council, Read, accepted and placed on file by motion C. Belanger, seconded C. Kennedy. So Voted. Brian Martin, Head Master of Lowell High School as well as 6 students involved in the restoration project provided update of the Kirk St. clock. Also introduced was project advisor Tom Thornton. 1.2. 2014 / 204 - Presentation - Regarding School Board Assessment Report and Vote to submit application to the School Building Authority (SBA). Superintendent Jean Franco said the presentation was to show where we are and the progress being made. She asked Deputy Superintendent Jay Lang to provide a timeline as well as priorities to the City Council. Deputy Superintendent, Jay Lang presented the City Council with Lowell Public Schools Comprehensive Facilities Assessment and provided an overview of the process. Mr. Lang outlined the completed task as City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) well as task that still need to be completed. Mr. Lang explained what would be needed from the Council in the coming weeks with respect to votes for the Statement of Interest with MSBA. M. Elliott said he wanted to initiate this dialogue time frame for the letter of interest so that we would meet the deadline. C. Mercier requested that the Municipal Facilities Sub/Committee members on the City side be informed of the Facilities Sub/Committee meetings on School side so that they have the opportunity to attend. C. Milinazzo questioned the reimbursement amount and asked if we would be locked in at the rate and Mr. Lang said we would be locked in at the rate for that years reimbursement rate. C. Kennedy questioned the April 11th deadline and Mr. Lang said that is our deadline to submit the application. C. Kennedy asked when the city would know if we got the funding and Mr. Lang stated late summer or fall. C. Samaras said we are a partnership and that we should be working together. C. Leahy and C. Belanger thanked School Committee for all their work that went into the Assessment. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 191 - Minutes of City Council Meeting March 4th; Public Safety SC Meeting March 4th; Finance SC March 3rd; Special Meeting March 3rd, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. Mercier. So voted. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2014 / 152 - Ordinance-Quarterly Traffic (Feb) In Council, Given 2nd Reading and hearing held. Hearing closed. No Remonstrants. Adopted on Roll Call Vote 9 yeas. So Voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) 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 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 203 - Communication Summary Motion Responses (A) Motion Response - Compliance Issues with the idling trains in South Lowell (B) Motion Response - East Merrimack Shooting - Rouke (C) Motion Response - Follow up information to current parking ordinance Informationals (E) Informational - Health Insurance (F) Informational - New Salt Spreader System Saves City $1,000,000 (G) Informational - 2014 Street Paving List Announced (H) Informational - LowellStat Report 2014 January - Community Engagement (I) Informational - LowellStat Report 2014 January - N4N (J) Informational - LowellStat Report 2014121 - Economic Development (K) Informational - City's Holiday Reception In Council, read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. Kennedy. So voted. C. Milinazzo moved, seconded by C. Kennedy “To refer the FY 2015 Budget Report to the Finance Sub/Committee”. So Voted. C. Milinazzo moved, seconded by C. Kennedy “To refer item C under Motion Responses (Follow up information to current parking ordinance) to the Economic Development City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) Sub/Committee”. So Voted. C. Kennedy also requested that the Director of Parking be present at the sub/committee meeting. C. Leahy asked that the sign on bridge stating low bridge be replaced. 4.2. 2014 / 201 - Communication - City Mgr. Out of State Travel (2) LPD. In Council, read and adopted on Roll Call Vote 9 yeas. 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 Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 197 - Vote-Establish a Salary Reserve Stabilization Fund as authorized by MGL c.40 s.5B In Council, read twice and adopted on roll call vote 9 yeas. 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 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) 5.2. 2014 / 198 - Vote-Transfer from Salary Reserve Stabilization Fund and increase appropriation to Fire Salary and Wage Account ($400,000.00) In Council, read twice and adopted on roll call vote 9 yeas. So Voted. Motion to “waive full reading” by C. Rourke, 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 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 x 5.3. 2014 / 199 - Vote-Transfer from various accounts to Fire Salary and Wage Account in the amount of $500,000.00 In Council, read twice and adopted on roll call vote 9 yeas. So Voted. Motion to “waive full reading” by C. Samaras, 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 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 / 200 - Vote-Authorize Manager Execute MOU Local 853 (Fire) 7/1/12-6/30/15 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) In Council, read twice and adopted on roll call vote 8 yeas, 1 nay (M. Elliott). So Voted. Motion to “waive full reading” by C. Leahy, seconded by C. Kennedy. So voted. C. Mercier asked what the status was of the 1705 Contract. Solicitor O’Connor said they are in mediation and that there is no contract proposal at this time. C. Martin asked about the 2.5% increase and Solicitor O’Connor stated there was only one increase. 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 x Rourke, Daniel P. x Samaras, William x ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2014 / 196 - Order of Taking and Acceptance of Alyssa Drive, Dabby Way and Green Street Ext. In Council, Given 1st reading. Motion to “waive full reading” by C. Mercier, seconded by C. Rourke. So voted. Motion to refer matter to Public Hearing on March 25, 2014 at 7 PM by C. Milinazzo, seconded by C. Rourke. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2014 / 205 - Rules SC March 11, 2014. In Council, read and accepted the report as a report of progress by Motion of C. Samaras, seconded by C. Milinazzo. So voted. C. Kennedy, Chairman of the Rules Sub/Committee said they had met this evening regarding three motions that had been referred to the sub/committee. C. Kennedy said they were to address the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) Mayoral Portait as well as guidelines, and also to review the City Council rules including Rule #22. C. Kennedy said he had presented the committee with recommended changes to the following rules, Rule #5, Rule #16, Rule #22 along with a new rule, Rule #38. Recommendation of sub/committee was to refer the recommended changes to the Law Department and also to get an opinion/clear interpretation of Rule #22. PETITIONS 8. - PETITIONS 8.1. 2014 / 195 - Claims - (9) property damage; (1) personal injury In City Council, referred to Law Department for report and recommendation by Motion of C. Leahy, seconded by C. Kennedy. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 193 - C. Milinazzo - Req. Acting City Mgr. have the Traffic Engineer look into the feasibility of installing a 3-way Stop Sign at the corner of Boylston and Lawrence Street. In Council, seconded by C. Belanger, read and referred to Traffic Engineer. So voted. 9.2. 2014 / 194 - C. Milinazzo - Req. City Council consider re-starting the search for a new City Manager in light of the search process being compromised by the release of applicants' names. In Council, seconded by C. Mercier, read and after discussion motion withdrawn by the maker with no objection. So voted. Councillors voiced their concerns and disappointment with respect to the names being released to the media. 9.3. 2014 / 202 - C. Milinazzo - Req. the Acting City Manager to have the Traffic Engineer explore the possibility of installing a crosswalk at the corner of Fayette/Concord/Andover Streets. In Council, seconded by C. Samaras, read and referred to Traffic Engineer. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) CITY COUNCIL - EXECUTIVE SESSION 10. - CITY COUNCIL - EXECUTIVE SESSION 10.1. 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. EXECUTIVE SESSION In City Council, Mayor informed public of reasons to enter Executive Session, Motion by C. Rourke, seconded by C. Milinazzo to enter session. Roll call vote, 9 yeas. So voted at 8:40 PM. Mayor informed public the body would adjourn from the Executive Session. 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 10.2. 2014 / 126 - Executive Session regarding litigation report, public discussion of which could have a detrimental effect on the City’s position. EXECUTIVE SESSION In City Council, Mayor informed public of reasons to enter Executive Session, Motion by C. Leahy, seconded by C. Kennedy to enter session. Roll call vote, 9 yeas. So voted at 8:40 PM. Mayor informed public the body would adjourn from the Executive Session. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) 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 ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Belanger. So voted. Adjourn at 8:40 PM. Respectfully Submitted ____________________________ Angela Gitschier, Acting City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov