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 08, 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 / 263 - (1). Citation - To General Manager of the 99 Restaurant & Pub in recognition of their grand re-opening at 850 Chelmsford Street. (2). Communication - African-American Alliance Committee to speak regarding groundbreaking for Lowell's Nelson Mandela Monument. (3). Communication - Deb Belanger, Executive Director of the Greater Merrimack Valley Convention & Visitors Bureau, to promote the Great Race that will be coming to Lowell on June 21st. Roll call showed 8 present, 1 absent (C. Kennedy). Mayor Elliott Presiding. M. Elliott presented a Citation to Amy Manchester, General Manager of the 99 Restaurant & Pub in recognition of their grand re-opening 850 Chelmsford St., Ms. Manchester thanked the Council. M. Elliott then recognized and introduced members of the African American Alliance Committee. Gordon spoke and thanked the Council and introduced the President Bowa Tucker, who spoke regarding a monument for Nelson Mandela. M. Elliott then recognized and introduced Deb Belanger, Executive Director of the Greater Merrimack Valley Convention and Visitors Bureau, who thanked the Council for their support and provided details of the Great Race that will be coming to Lowell June 21, 2014. Motion by C. Mercier, seconded by C. Samaras “To Suspend the Rules to take an item out of order”. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 13) 6.1 Order – 60 Day Trial (Various). C. Leahy Chairman of the Neighborhoods Sub/Committee said they had met this evening relative to the proposed traffic and parking situation over on Fletcher St. as it pertains to the parking lot which has Dane St. on one side and Whiting St. on the other. UMass Lowell did a great job with the City people reaching out to the neighborhoods and informing them of the changes they would like to make. C. Leahy said neighborhood is happy with the changes. C. Leahy said there really would only be changes on Whiting St. and it would be a reversal and Dane St. would stay the same for traffic flow. C. Leahy said there were people in the neighborhood that spoke as well as business leaders. C. Leahy said some good things that will come with this change is the Campus Police will be right there, they will have a police detail during peak hours, and they will work with City Departments to ensure proper signage is up. Motion by C. Mercier “To adopt the recommendation presented by UMass Lowell”, seconded by C. Samaras. So voted. C. Belanger wants to be clear that the 60 Day Trial will be until on or about September 1st when the building is fully occupied and school is in session. Accepted as a report of progress. So voted. Motion by C. Milinazzo, seconded by C. Rourke “To waive the full reading”. So voted. In Council, read twice and adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 264 - Minutes of City Council Meeting April 1st; Special Meeting March 31st, for acceptance. C. Milinazzo asked his colleagues to amend the minutes of April 1, 2014 to reflect a correction for the Moment of Silence for Rose Marie Tavares. Motion by C. Martin, seconded by C. Leahy “To amend the minutes of April 1, 2014 to reflect the correct name of one of the decedents in which a Moment of Silence was held for, to Rose Marie Tavares”. So voted. In Council, read, accept and place on file by Motion of C. Belanger, seconded by C. Leahy. So voted. UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 13) 3.1. 2014 / 196 - Order of Taking and Acceptance of Alyssa Drive, Dabby Way and Green Street Ext. In Council, read and adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. 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 COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 262 - Communication Summary Motion Responses (A) Motion Response - Report regarding all utility work being done by National Grid (B) Motion Response - Update on status of Smith Baker Center Property (C) Motion Response - Fr. Morissette Revenue (D) Motion Response - Parking On Sidewalks Informationals (E) Informational - Parking Ordinance Memo (F) Informational - DPW Transfer C. Rourke questioned Motion Response (C) Fr. Morrissette Revenue regarding ongoing revenue. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 13) Motion by C. Milinazzo, seconded by C. Samaras “To refer Informational (E) Parking Ordinance Memo back to the Economic Development Sub/Committee”. So voted. C. Martin wanted to comment on the resignation of Brian Akashian of the License Commission. C. Martin thanked Mr. Akashian for his service and wished him well in his future endeavors. Acting City Manager Geary said his office has recognized him as well as sending a letter of thanks. M. Elliott questioned Motion Response (B) Update on status of Smith Baker Center Property with respect to proposals. Ms. Tradd, Acting Planning Director explained that we did not get any proposals back based on finances in that the building will cost a lot to repair. Ms. Tradd said we have had a lot of interest this year and have shown the building but they have not gotten back to us. Ms. Tradd said it may be the cost factor to renovate the building. Acting Manager Geary said we should put the building back out there and see what get as it may be a different atmosphere. C. Mercier asked about the Historical significance of the building and wondered if there was an agreement that no other church could be put in there. C. Mercier then brought up her motion regarding appointing a City Historian. C. Mercier said she would just like to be sure there is no agreement on building and Ms. Tradd said they could review the deed etc. C. Samaras asked if there was any thought into fundraising to refurbish the Smith Baker, C. Mercier said the estimate they received from DPD a while ago was between $5 and $6 Million dollars. Motion “To refer Motion Response (B) back to the City Manager for a report and recommendation by C. Samaras then moved, seconded by C. Rourke. So voted. Motion by C. Leahy, seconded by C. Belanger “To refer Motion Response (D) Parking on Sidewalks back to the Neighborhood Sub/Committee”. So voted. Motion “To accept and place on file” by C. Leahy, seconded by C. Martin. So voted. 4.2. 2014 / 275 - Communication - Accept Resignation Brian Akashian (License Commission) C. Martin thanked, Mr. Akashian for his service and wished him well. In Council, read, accepted and placed on file by Motion of C. Belanger, seconded by C. Martin. So voted. 4.3. 2014 / 286 - Communication - Reappoint Patrick Sheridan (Board of Parks) In Council, read and adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 13) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. 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 4.4. 2014 / 287 - Communication - City Mgr. request Out of State Travel (1) LPD. In Council, read and adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. 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 VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 267 - Vote-License Agreement (sidewalk seating) Amae Restaurant LLC dba Black Koi Restaurant & Lounge - 602 Merrimack St. In Council, read and adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. Motion to “Waive full reading” by C. Belanger, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 13) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 5.2. 2014 / 269 - Vote-Auth Acting C/M execute License Agreement (sidewalk seating) Mariachi Foods, Inc d/b/a El Potro Mexican Grill (124 Merrimack St) In Council, read and adopted on roll call vote 8 yeas, 1 absent (C. Kennedy). 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. 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 5.3. 2014 / 270 - Vote-Approve Proposed City Council Rule Changes Motion by C. Mercier, seconded by C. Milinazzo “To amend Rule # 38 by inserting “/her” after the words “his”. So voted on roll call vote 8 yeas, 1 absent (C. Kennedy). Motion by C. Mercier, seconded by C. Martin “To amend Rule # 38 also by inserting the words, “consistent in content with all other existing portraits”, after the word “face”. So voted on roll call vote 8 yeas, 1 absent (C. Kennedy). City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 13) Motion by C. Leahy, seconded by C. Belanger “To amend Rule # 22 by deleting the word “and” in line 5 of the paragraph, and inserting the word “at”. So voted on roll call vote 8 yeas, 1 absent (C. Kennedy). C. Martin requested that the City Council receive a revised set of Rules showing a revision date. Acting City Manager Geary he would provide the Council with a copy. Vote as amended approved on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. 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 ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2014 / 273 - Order-60 day trials (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 Kennedy, Jr, Edward J. 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 8 of 13) REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2014 / 283 - Neighborhoods SC meeting April 8, 2014. Matter was already taken up earlier in the meeting. C. Rourke asked that a Public Safety Sub/Committee meeting be scheduled for April 22, 2014 @ 5:30PM regarding Motions that were referred Narcan, Mayor’s motion on Safety Plan. C. Milinazzo asked that a Zoning Sub/Committee meeting be scheduled for May 6, 2014 @ 5:30PM regarding Rogers Street proposed re-zoning. PETITIONS 8. - PETITIONS 8.1. 2014 / 284 - Claims - (3) property damage. In City Council, referred “To the Law Department for report and recommendation” by Motion of C. Samaras, seconded by C. Rourke. So voted. 8.2. 2014 / 285 - Misc. - Ken Harkins request permission to speak before City Council regarding Ellen Sampson Memorial. In City Council, read and referred “To the City Manager” by Motion of C. Mercier, seconded by C. Belanger. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 265 - C. Leahy - Req. City Mgr. invite UMass-Lowell hockey team in for recognition on recent season. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 13) 9.2. 2014 / 266 - C. Leahy - Req. City Mgr. work with proper department to make sure the downtown is kept clean as it concerns the dumpsters. In Council, seconded by C. Martin, read and referred to City Manager. So voted. 9.3. 2014 / 268 - C. Leahy - Req. City Mgr. work with proper department and State Delegation to set up a meeting with Comcast in order to discuss pricing for the Lowell community. In Council, seconded by C. Belanger, read and referred to City Manager and the City Solicitor. So voted. 9.4. 2014 / 271 - C. Leahy - Req. City Mgr. have the proper department come up with a solution for the cross walk at East Merrimack St. in front of the Lowell Memorial Auditorium. In Council, seconded by C. Milinazzo, read and referred to City Manager and the Traffic Engineer for report and recommendation. So voted. 9.5. 2014 / 272 - C. Mercier - Req. City Council support naming the newly renovated sports complex at Highland Park the James F. Fallon Sports Complex. In Council, seconded by C. Belanger, read, approved on roll call vote 8 yeas, 1 absent (C. Kennedy) So voted and referred to the Board of Parks for approval. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 13) 9.6. 2014 / 274 - C. Mercier - Req. Acting City Mgr. have the proper department replace (6) trees along the Roy Garage at the entrance to Market Mills side of the garage. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. 9.7. 2014 / 276 - C. Mercier - Req. Acting City Mgr. appoint a City Historian. In Council, seconded by C. Milinazzo, Roll call in support of the appointment 8 yeas, 1 absent (C. Kennedy). So Voted. Motion by C. Mercier, seconded by C. Rourke “To refer to the Law Department to draw up the proper vote” approved on roll call vote 8 yeas, 1 absent (C. Kennedy). So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 9.8. 2014 / 277 - C. Milinazzo - Req. City Mgr. report on cost of a moving violation for driving in bike lane. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. 9.9. 2014 / 281 - C. Belanger - Req. City Council include an assessment of the cost of a new high school to be built at another location. In Council, seconded by C. Leahy, read and C. Belanger said he wants to make sure the dialogue continues with all stakeholders. C. Milinazzo said he was fearful that if the Council goes on record in referring this to the Ad/Hoc Sub/Committee we might not be putting forward a unified voice. C. Milinazzo further stated he would be voting against the motion if it’s a roll call vote and if it was a voice City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 13) vote his vote would be no. C. Samaras understands C. Belanger’s request but there is already a process in place. C. Rourke said we should keep gathering information for the best interest of the City. C. Leahy said we can weigh in but it is the School Committee and the MSBA’s decision. M. Elliott said the MSBA makes the decision. After further discussion roll call was taken on Motion as amended “To refer the assessment report to the Ad/Hoc Sub/Committee on School Building Construction”. Adopted 5 yeas, 3 nays (C. Martin, C. Milinazzo, C. Samaras), 1 absent (C. Kennedy). So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x x Belanger, Corey x x Kennedy, Jr, Edward J. Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 9.10. 2014 / 278 - M. Elliott/C. Mercier - Req. City Council discuss "Lot to Like About Lowell" slogan. In Council, no second needed, read and referred to City Manager. So voted. 9.11. 2014 / 279 - M. Elliott - Req. City Council Flood SC meet to discuss new law "Homeowner Flood Insurance Affordability Act of 2014" enacted by Congress. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. 9.12. 2014 / 280 - M. Elliott - Req. City Mgr. report on efforts to be in compliance with FEMA on flood plain management measures. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 13) CITY COUNCIL - EXECUTIVE SESSION 10. - CITY COUNCIL - EXECUTIVE SESSION 10.1. 2014 / 282 - Executive Session - Review negotiations with City Manager-Elect; Discuss matters of litigation, public discussion of which could have a detrimental effect on the City's position. Acting City Manager Michael Geary thanked the Council for their confidence in him as well as his staff. Motion “To Suspend the Rules” by C. Leahy, seconded by C. Belanger. So voted. Councillor’s thanked the Acting City Manager, Acting City Clerk as well as the Acting City Auditor. 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 in recess but would be coming back to open session from the Executive Session to take any votes and to adjourn. Roll Call at 8:25PM. At 9:20PM, Roll call back into Open Session from Executive Session 8 Present, 1 absent (C. Kennedy). So voted. Motion by C. Martin, seconded by C. Mercier “To adopt the Memorandum of Understanding Agreement”. So voted on roll call vote 8 yeas, 1 absent (C. Kennedy). Motion by C. Milinazzo, seconded by C. Rourke “To refer Ordinance Ch. 15 Sec. 15-111 Grade and Step Schedule Generally pertaining to the salary of the City Manager to the Personnel Sub/Committee”. So voted on roll call vote 8 yeas, 1 absent (C. Kennedy). VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x x Kennedy, Jr, Edward J. Leahy, John J. x x Martin Jr., William F. 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 13 of 13) ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Belanger, seconded by C. Martin. So voted. Adjourn at 9:25 PM. Angela Gitschier Acting City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov