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 18, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2014 / 213 - Minutes of City Council Meeting March 11th; Rules SC March 11th; Special Meeting March 12th, for acceptance In Council, Minutes read, accepted and placed on file by Motion of C. Belanger, seconded by C. Kennedy. So voted. 1.2. 2014 / 214 - Communication - Order of Taking and Acceptance of Alyssa, Dabby Way and Green St. Ext. to be referred to Public Hearing April 1, 2014 at 7 PM. In Council, read, accepted and placed on file by Motion of C. Leahy, seconded by C. Martin. So voted. At this point M. Elliott asked for a Suspension of the Rules by C. Milinazzo, seconded by C. Mercier “To allow Ms. Callery to update the Council on candidates and interview dates”. So voted. Ms. Callery started with the City Manager’s position and explained she is still waiting for 2 candidates to get back to her but she had scheduled the other 4 on the date’s times provided by the Council. M. Elliott asked Ms. Callery to let the Council know through Manager by email. Ms. Callery went on to the City Auditor position as far as interviews she explained that they were down to 3 candidates and as of 5 minutes ago they are now down to 2 candidates. Ms. Callery said that Irene Larivee has withdrawn from the process. The other 2 candidates Dharam Dixit and Patrick Zacchini are both scheduled for April 2, 2014 @ 6PM. Motion “To accept the report as a report of progress by C. Rourke, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) C. Mercier asked while under suspension if she could talk about her thoughts on the process of selecting a City Manager. C. Kennedy asked for a point of order and explained that she would have to have another suspension of the rules to go into suspension for another reason. C. Mercier then moved, seconded by C. Belanger “To Suspend the Rules to talk about her thoughts on the process of selecting a City Manager”. So voted. C. Mercier questioned the Acting City Manager as to councilor’s participation in the process and also appearances of the Conflict of Interest laws. C. Mercier stated publicly she means no disrespect to one of the candidates who is related to a councilor. C. Mercier believes there is a conflict and that the person should recluse themselves from the process. C. Leahy explained that he made his choices based on particular criteria. C. Leahy looked for stability, economic development and business sense in his choices. C. Leahy thinks the City Manager should have a little of everything. COMMUNICATIONS FROM THE CITY MANAGER 2. - COMMUNICATIONS FROM THE CITY MANAGER 2.1. 2014 / 206 - Communication Summary Motion Responses (A) Motion Response - Discuss making Galligan Road a One Way Street (B) Motion Response - Re-examine the pedestrian crossing lights at the corner of Dutton and Market Streets (C) Motion Response - Request NMCOG calibrate the gas dispensers at 309 Chelmsford Street and provide report (D) Motion Response - Update on fire damaged buildings throughout the City (E) Motion Response - Update regarding the Methadone Clinic (F) Motion Response - Recent Paving on Westview Road (G) Motion Response - School Snow Removal Policy (H) Motion Response - Downtown Snow Removal Policy (I) Motion Response - Inspect glass in windows in all downtown buildings for safety (J) Motion Response - Location of Recycling Center Petition Response (K) Petition Response - Handicap Sign at 27 Walnut Street Informational Reports (L) Informational - FY15 Local Aid Update (M) Informational - Bond Rating Upgrade (N) Informational - FY2014-15 Draft Annual Action Plan (O) Informational-Parking Ordinance-Economic SC (P) Informational - 5th Annual Town Hall Meeting Event - Our Community (Q) Informational - Behavioral Health Roundtable City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Milinazzo. So voted. C. Kennedy had questions on motion response (H). C. Kennedy explained intent of motion was for improved plan. C. Kennedy asked this be referred back and to have the City Manager explain to Mr. Snow what the council is looking for. Motion by C. Kennedy, seconded by C. Belanger “To refer motion response (H) back to City Manager”. So voted. C. Belanger, C. Kennedy and Acting City Manager Geary had further discussion on the matter. C. Belanger had questions on motion response (J). C. Belanger said there should be a public hearing where abutters are notified. C. Rourke agreed that there should be public participation. Motion by C. Rourke, seconded by C. Samaras “To refer the motion response to the Neighborhood Sub/Committee”. So voted. C. Leahy had a question on motion response (B). C. Leahy explained that it is tough for pedestrians to cross and that he is receiving complaints and that this is what needs to be reexamined. Acting City Manager Geary said they will continue to monitor site. C. Leahy had a question on motion response (C). C. Leahy questioned when the stations are inspected. Acting City Manager Geary said they are done once a year. C. Kennedy would like to make sure no stations are missed. C. Leahy said he would like to see consistency in plan for motion responses (G) and (H). C. Milinazzo would like to note that Diane Tradd, Acting Director of Planning and Development and Allison Lamy are here tonight. C. Milinazzo also wanted to note for the record that there would be a Public Hearing on March 27, 2014 @ 6PM for the Community Development Block Grant Program. 2.2. 2014 / 210 - Communication-Accept Resignation of Dorothy K. Duval (Hunger Homeless Comm) In Council, read, accepted and placed on file by Motion of C. Rourke, seconded by C. Samaras. So voted. 2.3. 2014 / 215 - Communication - City Mgr reqeust Out of State Travel (1) LPD (1) LFD. In Council, read and adopted on Roll Call Vote 9 yeas. So Voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) 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 VOTES FROM THE CITY MANAGER 3. - VOTES FROM THE CITY MANAGER 3.1. 2014 / 211 - Vote-Apply/Accept/Expend Grant ($350,000) US Dept of Transportation, Federal Lands Access Program (FLAP) to construct Riverwalk Phase II In Council, read twice and adopted on roll call vote 9 yeas. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. 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 x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 3.2. 2014 / 212 - Vote-Cancel Council Meeting 3/25/14 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. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) C. Kennedy asked if the Council would be meeting as a Committee of the Whole or Special Meeting. Solicitor O’Connor explained in the past they were special meetings, but that C. Kennedy brings up a good point and one that she would like to research. C. Kennedy stated that 3 meetings would affect the rotation. C. Mercier recommended that the Acting City Manager be presented at the meetings to gage each City Councilor. 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 4. - ORDERS FROM THE CITY MANAGER 4.1. 2014 / 209 - Order-60 day trial (various) In Council, read twice and adopted on roll call vote 9 yeas. Motion to “waive full reading” by C. Martin, 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 Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) ORDINANCES FROM THE CITY MANAGER 5. - ORDINANCES FROM THE CITY MANAGER 5.1. 2014 / 208 - Ordinance-Amend Zoning-Extend INST zoning to include 1291 Middlesex Street (presently zoned TTF) In Council, Given 1st Reading and Motion C. Mercier, seconded by C. Milinazzo “To refer matter to Planning Board for report and recommendation and Public Hearing before Council on April 15, 2014 at 7PM”. So voted. CONSTABLE BONDS 6. - CONSTABLE BONDS 6.1. 2014 / 216 - Communication - City Manager request for approval of constable bonds of Raymond Cote; Dana Berkeley; Christian Sewell; Gerald Sewell and Delia Ruiz. In Council, read and approved 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 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 7 of 9) 7.1. 2014 / 223 - Economic Development SC March 18, 2014. C. Belanger, Chairman of the Economic Development Sub/Committee said they had met this evening regarding 2 items. The first was a presentation by DPD on the Ayer City Plan also known as the Tanner Street Corridor. This plan was referred by motion to the full council for a briefing and public hearing on April 15, 2014. C. Belanger said the second item on agenda was to discuss the city parking ordinances. C. Belanger said a motion was made to refer the matter also to the full Council. Motion by C. Mercier, seconded by C. Rourke “To accept the report as a report of progress”. So voted. C. Mercier requested to inform the public that there is a Municipal Facilities Sub/Committee on March 19, 2014 @ 5:30PM to discuss snow removal on school property. C. Milinazzo also wanted to inform everyone that he is looking to have a Zoning Sub/Committee to discuss the Rogers Street Rezoning sometime in April. C. Martin moved, seconded by C. Belanger “To refer the Ayer City Plan to a Public Hearing on April 15, 2014”. So voted. C. Martin moved, seconded by C. Kennedy “To recommend City Council vote and adopt and have the City Manager proceed with a parking study of the Downtown area using parking enterprise funds”. So voted. 7.2. 2014 / 100 - Wire Insp. - National Grid/Verizon NE – Request pole location at 59 South Whipple St. In City Council, Motion “To accept and adopt the accompanying order by C. Rourke, seconded by C. Samaras”. So voted. PETITIONS 8. - PETITIONS 8.1. 2014 / 217 - Claims - (5) property damage; (1) personal injury In City Council, referred to Law Department for report and recommendation by Motion of C. Belanger, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 218 - C. Leahy - Req. City Mgr. have the proper department inspect the paved streets from last season for quality control. In Council, seconded by C. Martin, read and referred to City Manager. So voted. 9.2. 2014 / 219 - C. Kennedy - Req. Public Safety SC and the City Mgr. review the 2009 Matrix Study and work with the LPD on a continuing basis to (1) satisfy the recommendations included in the study, (2) develop up to date policies and procedures and (3) make any other improvements necessary to make the LPD eligible for national or state accreditation. In Council, seconded by C. Belanger, read and referred to City Manager. 9.3. 2014 / 220 - C. Belanger/C. Rourke - Req. City Council have discussion regarding parking in city neighborhoods. In Council, read and referred to City Manager. So voted. 9.4. 2014 / 221 - C. Belanger - Req. City Mgr. provide a report on income produced on .75 additional meals tax enacted July 1, 2010. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. 9.5. 2014 / 222 - M. Elliott - Req. City Mgr. provide update on status of Smith Baker Center property. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. ADJOURNMENT 10. - Time for meeting to stand adjourned. Solicitor O’Connor reported on C. Kennedy’s question on whether to meet as Committee of the Whole or Special Meeting. Solicitor O’Connor explained either way it would still be a Special Meeting as has City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) been in past. As far as Committee of the Whole that would be up to the Council. C. Kennedy moved, seconded by C. Mercier “That the City Council meet as Committee of the Whole for the interview sessions for the City Manager and City Auditor”. So voted. C. Mercier moved to establish this Council as a Committee of the Whole and recommend the Mayor be the chair”. Approved on roll call vote 9 yeas. So voted. Motion to Adjourn by C. Rourke, seconded by C. Belanger. So voted. Adjourn at 8:17 PM. Angela Gitschier Acting City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov