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: Apr 01, 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 / 243 - Proclamation - Recognizing April 1st as "National Service Recognition Day" Citation - To Tom Durkin in recognition of his work on carpet renovation in City Council Chamber. Roll call showed 8 present, 1 absent (C. Leahy). Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for George Gatzimos, Angelina Kaczmarski. C. Milinazzo also requested moment of silence in darkened chamber for Rose Marie Tavares along with other citizens who passed away during the week. M. Elliott presented a Proclamation to Christina Santos Gordon, Director of Community Resources at Community Teamwork who manages the senior core volunteer program. Ms. Gordon introduced 2 foster grandparents (Henry Peront and Mary Mahoney Wilder) who are part of the senior core program. Also speaking was Nannie a representative from UTEC. M. Elliott then presented a Citation to Tom Durkin for his work on the carpet renovation in the City Council Chamber. Motion by C. Mercier, seconded by C. Milinazzo “To Suspend the Rules to take an item out of order”. So voted. 6.1 Order – 60 Day Trial (Various). Motion by C. Rourke, seconded by C. Samaras “To waive the full reading”. So voted. Speaking on the issue was Peter Aucella. In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 15) CITY CLERK 1.2. - CITY CLERK 2. 2014 / 230 - Minutes of City Council Meeting March 18th; Economic Dev. SC March 18th; Municipal Facilities SC March 19th; Parks & Recreation SC March 24th; Special Meetings March 25th, 26th and 27th, for acceptance. In Council, Read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Belanger. So voted. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2014 / 196 - Order of Taking and Acceptance of Alyssa Drive, Dabby Way and Green Street Ext. In Council, Given 2nd Reading and hearing held. Hearing closed. Motion “To refer matter to Office of the City Clerk for 7 days” by C. Samaras, seconded by C. Belanger. So voted. No remonstrants. Motion “To waive full reading” by C. Milinazzo, seconded by C. Rourke. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 232 - Communication Summary Motion Responses (A) Motion Response - Inspect recently paved streets for quality control (B) Motion Response - Provide report on income produced on additional meals tax (C) Motion Response - Use of NARCAN (D) Motion Response - Update on Service Zone Plan (E) Motion Response - Install 2 signs (No Parking Here To Corner) at both corners of Roper St. and Rockingham St. (F) Motion Response - Possibility of installing a crosswalk at the corner of City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 15) Fayette-Concord-Andover Streets (G) Motion Response - Feasibility of installing a 3-way stop sign at the corner of Boylston and Lawrence Streets (H) Motion Response - Follow up to reexamine the pedestrian crossing lights at the corner of Dutton and Market Streets (I) Motion Response - Verbal request in regards to the warning sign for the low RR Bridge on Gorham Street (J) Motion Response - Quarterly report to Council on Motion Responses Tracking CY2014 (1st Quarter) Informational (K) Informational - 16 Main Street - Unlicensed Auto Body Repair Facilities (L) Informational - Problem Property Task Force-Annual Update (M) Informational - Quarterly Report Motion by C. Kennedy, seconded by C. Belanger “To refer Item (A) under Motion Responses to the Neighborhood Sub/Committee”. So voted. C. Kennedy also wanted to bring to Council’s attention Item 4.3 Communication – Proposed Council Rule Changes that this needs to wait a week and that it will appear on next week’s Agenda. C. Belanger spoke regarding Item (B) under Motion Responses that some of this money go back to marketing the City. C. Samaras then moved, seconded by C. Kennedy “To refer this matter back to the Economic Development Sub/Committee to create a marketing strategy to market the City and develop incentives for the downtown and how this money could be used”. So voted. C. Milinazzo spoke regarding Item (F) under Motion Responses that the report is good news for the neighborhood. Motion by C. Rourke, seconded by C. Milinazzo “To refer Item (C) under Motion Responses to the Public Safety Sub/Committee”. So voted. C. Martin questioned Item (J) under Motion Responses regarding the summary. Acting City Manager Geary said he would look into that. C. Belanger spoke regarding Item (L) under Informational that he is extremely happy with how the previous administration went about this and that it is a grand achievement. C. Mercier then spoke regarding problems with vacant lots and stuff being dumped there, how some of them are eyesores and that something should be done about them. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 15) 4.2. 2014 / 240 - Communication - City Mgr. request Out of State Travel (2) LPD. In Council, read and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). 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. Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 4.3. 2014 / 248 - Communication-Proposed Council Rule Changes In Council, read and Motion by C. Martin, seconded by C. Mercier “To have the Law Department draw the proper vote”. So voted. 4.4. 2014 / 250 - Communication-Accept resignation of Gail Bartlett (Disability Commission) In Council, read, accepted and placed on file by Motion of C. Milinazzo, seconded by C. C. Rourke. So voted. VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 244 - Vote-Accept Parcel of land Lot D, on plan book 175, Plan 2, situated at 157 West Forest Street from Mary Lallas In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). Motion to “Waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 15) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. x Leahy, John J. Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x x 5.2. 2014 / 245 - Vote-Transfer ($326,000.00) Law Dept. In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). 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. Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x 5.3. 2014 / 253 - Vote-Transfer ($45,000.00) Cemetery Dept. In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 15) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. x Leahy, John J. Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x 5.4. 2014 / 254 - Vote-Authorize Statement of Interest for the Daley Middle School under Core Program C. Mercier said the State Delegation arranged a meeting with the School Committee, City Council and the Massachusetts School Building Authority to help clarify the process for the City of Lowell to proceed with school renovations. Superintendent of Schools, Jean Franco spoke briefly with respect to Lowell High School being the priority at this time. In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). 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. Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 5.5. 2014 / 255 - Vote-Authorize Statement of Interest for the Robinson Middle School under Core Program In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 15) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. x Leahy, John J. Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x x 5.6. 2014 / 256 - Vote-Authorize Statement of Interest for the Wang Middle School under Core Program In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). 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. Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x 5.7. 2014 / 257 - Vote-Authorize Statement of Interest for the Lowell High School under Core Program In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 15) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x x Kennedy, Jr, Edward J. x x Leahy, John J. Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.8. 2014 / 258 - Vote-Authorize Statement of Interest for the Rogers Middle School under Core Program In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). 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. Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.9. 2014 / 259 - Vote-Accept/Expend Grant ($116,500) to fund 5 new police officers and standard issued equipment Registered Speaker Ann Marie Page, President of City Wide Neighborhood Council explained this is very important and we were promised by some Councilors for public safety and that this is our top priority. Chief Taylor informed the Council that the City of Lowell received this grant in October of 2013 from the Executive Office of Public Safety. After further consultation with my staff and some members of State Delegation and City Council it became apparent to delegate these funds to fund the 5 additional police officers. Chief Taylor said he suggest with Council approval that we use these funds to hire 5 additional City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 15) police officers beginning of June 2014 and it will fund their salaries through the conclusion of the grant October 31, 2014 and at that time depending on the budget the City will pick up the remaining 2/3 of the fiscal year 2015 budget. Chief Taylor thinks this fits in well with the re-organization and re- rejuvenation of the Community Policing in the City. He further stated that the estimated cost at the conclusion of the grant which will be October 31, 2014 will be $160,000.00 in anticipated salaries. Councilors questioned and commented further on grant. In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). 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 Leahy, John J. Martin Jr., William F. x Mercier, Rita M. x 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 / 252 - Order-60 day trial (various) Matter was taken out of order at the beginning of the meeting. 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. Martin Jr., William F. x Mercier, Rita M. x 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 10 of 15) ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2014 / 242 - Ordinance-Amend Zoning (Extend SMU Zone) include 1422.1 and 1434.1 Gorham St In Council, Given 1st Reading and referred to the Planning Board for a report and recommendation and to a Public Hearing before the Council at 7PM on May 6, 2014 by Motion of C. Kennedy, seconded by C. Martin. So voted CONSTABLE BONDS 8. - CONSTABLE BONDS 8.1. 2014 / 234 - Communication - City Manager request for approval of constable bonds of Juan Jurez, Jr.; Emma Amaro; Kevin Whippen; Jared Riccardi; Christopher Swimm and Samuel Sok. In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Leahy). 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. 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) 9. - REPORTS (SUB / COMMITTEE, IF ANY) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 15) 9.1. 2014 / 239 - Municipal Facilities SC March 19, 2014; and Parks & Recreation SC March 24, 2014. Municipal Facilities SC Report C. Mercier Chairperson of the Municipal Facilities SC reported that they had met last week to discuss the dual motion by M. Elliott and C. Leahy concerning snow removal. The SC learned there is a very detailed plan regarding the removal of snow at and in the area of City Schools which has been revised as necessary. We also learned there is a joint effort by all parties involved and that they cooperate and work very well together for the good of the whole City. C. Mercier said departments meet every fall and update the plans for the coming winter. Motion “To accept the report as a report of progress” by C. Rourke, seconded by C. Samaras. So voted. Parks and Recreation SC Report C. Mercier Chairperson of the Parks and Recreation SC reported that they had met last week to discuss Community Garden at McDermott Park on Beacon Street which was at the request of the Friends of the reservoir. C. Mercier explained the goal of the motion was presented by myself and referred to the Parks and Recreation SC to allow and provide the residents of the City who show interest to take part in a unique program, a Community Garden Program. Motion by C. Mercier, seconded by C. Kennedy “To refer report as a report of progress to the Law Department to draw up the proper vote establishing this area being a portion of McDermott Park as a Community Garden Area and a License Agreement for the Friends of the Reservoir”. So voted. Motion “To accept the report as a report of progress” by C. Samaras, seconded by C. Belanger. So voted. M. Elliott noted a request to mention next week is National Crime Victims’ Rights Week. M. Elliott also noted a report provided to the Council regarding the advertising and costs for the City Auditor’s position. M. Elliott explained that Ms. Callery was looking for direction as to where to place the ads. C. Rourke asked where the monies come from for the advertising and Ms. Callery said a few different departments. Councilors’ further questioned costs and places to advertise and the sense in advertising the same places. Motion “To proceed with the advertising as before” by C. Mercier, seconded by C. Milinazzo. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 15) PETITIONS 10. - PETITIONS 10.1. 2014 / 233 - Claims - (8) property damage. In City Council, referred “To the Law Department for report and recommendation” by Motion of C. Martin, seconded by C. Samaras. So voted. 10.2. 2014 / 235 - Misc. - Fr. Gene Tremblay, OMI of St. Joseph the Worker Shrine (37 Lee St.) request Council approval for installation of anniversary banners on 3 City lampposts in immediate vicinity of the Shrine. Father Dwight Hoeberechts spoke in favor of the banners. In Council, read and Motion “To refer to the City Manager and the Law Department to draw the proper vote” by C. Martin, seconded by C. Martin. So voted. 10.3. 2014 / 236 - Misc. - Michael Tembor, church secretary of Assemblia De Deus Vida (Assembly of God Life), 547 Central St. Lowell, Ma. Request No Parking signs at both sides of church alleyway entrance. In Council, read and Motion “To refer to the City Manager for a report and recommendation” by C. Mercier, seconded by C. Milinazzo. So voted. 10.4. 2014 / 241 - Misc. - UMass Lowell request City Council support easements, abandonments and related agreements. In Council, read and Motion “To refer to the Law Department to draft the proper vote” by C. Milinazzo, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 13 of 15) 10.5. 2014 / 238 - National Grid/Verizon NE – Request pole location at 16 Maude St. In Council, read and Motion “To refer to a Public Hearing at 7PM on April 22, 2014” by C. Rourke, seconded by C. Samaras. So voted CITY COUNCIL - MOTIONS 11. - CITY COUNCIL - MOTIONS 11.1. 2014 / 231 - C. Mercier - Req. City Mgr. have the Fire Chief supply the Council with rules as they apply to open fire pits or the burning of wood, leaves, etc. in open barrels. In Council, seconded by C. Rourke, read and referred “To the Fire Chief for a report and set of rules”. So voted. C. Belanger moved, seconded by C. Rourke “To amend the motion to include rules and regulations with respect to fireworks ordinance. So voted. 11.2. 2014 / 246 - C. Rourke - Req. City Mgr. report on code violation at 1291 Varnum Avenue concerning greenhouse/airplane hangar. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. 11.3. 2014 / 247 - C. Rourke - Req. City Mgr. have the Parking Director update Council on parking revenues from Father Morrissette Boulevard. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. 11.4. 2014 / 249 - C. Kennedy/M. Elliott - Req. that any RFPs for School Department Administration Office space include preference for above street level in Central Business District. In Council, no second needed. Councilors expressed support of RFP above retail as this would benefit the Central Business District. So voted. 11.5. 2014 / 251 - C. Belanger/C. Milinazzo - Req. that as School Department moves forward with search for administration offices that consideration be given to boost downtown economic development. In Council, no second needed. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 14 of 15) 11.6. 2014 / 260 - M. Elliott - Req. City Mgr. report on marketing/advertising costs, media outlets, vendors and consultants used to promote City. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. CITY COUNCIL - EXECUTIVE SESSION 12. - CITY COUNCIL - EXECUTIVE SESSION 12.1. 2014 / 237 - Executive Session regarding pending litigation, public discussion of which could have a detrimental effect on the City's position. In City Council, Mayor noted in public session the reason for the Executive Session which had been posted. Mayor informed public that the body would be adjourning from the Executive Session. Roll Call at 8:38 PM. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x x Kennedy, Jr, Edward J. x x Leahy, John J. Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x ADJOURNMENT 13. - Time for meeting to stand adjourned. Motion to Adjourn by C. Belanger, seconded by C. Rourke in Executive Session. So voted. Adjourn at 9:30 PM. Angela Gitschier Acting City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 15 of 15) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov