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 15, 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 / 293 - Proclamation - To New England Organ Bank declaring April as "Donate Life Month" in the City of Lowell. Roll call showed 9 present. Mayor Elliott Presiding. C. Rourke requested moment of silence in darkened chamber for Gertrude Masse. C. Leahy requested moment of silence in darkened chamber for Roger Nangle and Bertha Solomon as well as all others who have passed since last meeting. Motion by C. Mercier, seconded by C. Milinazzo to Suspend Rules to allow introduction of dignitary from Cambodia. So voted. M. Elliott presented proclamation to Sarith Khim, the Minister of Culture and Fine Arts for the Kingdom of Cambodia. Mr. Khim thanked Council and presented them with a small token. M. Elliott presented proclamation to representative of New England Organ Bank in recognition of “Donate Life Month” in April. The representative thanked Council for support and spoke of donor program through the Registry of Motor Vehicles. M. Elliott recognized Manager Murphy and Interim CFO Robert Healy at their first meeting. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) CITY CLERK 2. - CITY CLERK 2.1. 2014 / 292 - Minutes of City Council Meeting April 8th; Neighborhoods SC April 8th, for acceptance. In Council, read, accept and placed on file by Motion of C. Kennedy, seconded by C. Belanger. So voted. 2.2. 2014 / 299 - Communication - Lowell's Second Annual Pet Fest/Rabies Clinic Saturday April 26, 2014. In Council, read, accept and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2014 / 208 - Ordinance-Amend Zoning-Extend INST zoning to include 1291 Middlesex Street (presently zoned TTF) In Council, Given 2nd Reading and hearing held. Hearing closed. Motion “To refer matter to DPD to work with UMass-Lowell and abutters on the project as it moves through site approval by C Kennedy, seconded by C. Belanger. So voted. Speaking in favor was Atty. James Flood who represented the developer. Atty. Flood noted the reason for the extension and the history of the project. Atty. Flood stated the Planning Board approved of the request and that site plan is still necessary. Adam Baacke (UML) noted the university support of the project and its objectives. Speaking in opposition were Scott Roberge, Daj Patel, Mark Kurpian, George Laurendeau, Bob Sheiblitz, Ed Weeza and Scott Gilman each noting the safety and traffic concerns. C. Mercier noted the planning board would still be involved and that they supported the change of zoning only. M. Elliott noted the report and recommendation of the planning board stated the concerns they would address going forward including traffic studies. C. Milinazzo supported the request and that he was confident that the planning board will do an efficient job. C. Martin supported the zoning change and planning board judgment and hoped that all parties could be in agreement if possible. C. Belanger noted the project was important to dealing with student body growth at UML. C. Kennedy favored the project because it City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) brought in tax revenue and noted that UML must be a good neighbor. C. Kennedy commented that it should go to DPD for coordination with UML and abutters. C. Samaras questioned Mr. Baacke concerning sound control. 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 3.2. 2014 / 301 - Vote-Approve Ayer's City Industrial Park Urban Revitalization and Development Plan In Council, Read twice. Hearing opened. Motion “To waive full reading” by C. Rourke, seconded by C. Samaras. So voted. M. Murphy requested to continue hearing so that further discussion can be done with abutters. C. Mercier supported the request and noted that she would not support the taking of the VFW building. C. Leahy commented that the matter should go before the Economic Development SC for further study. C. Rourke noted the need for further discussion. C. Milinazzo noted plans could be amended once approved and that in some instances a taking would be good for land owner. Motion to suspend hearing for two weeks (April 29, 2014) by C. Kennedy, seconded by C. Rourke. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 289 - Communication Summary Motion Responses A. Open Burning & Fireworks B. Report on Marketing Advertising Costs, Media Outlets, Vendors and City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) Consultants Informational Reports C. Leo Roy and Lowel Locks Garage Repair Presentation (Advanced Copy) D. LowellSTAT Report April 2014 - Development Services E. LPD Volunteer Recognition F. Police Transfer G. Parks Opening Day Ceremonies H. Walter B. Smith Rededication In Council, read, accept and placed on file by Motion of C. Leahy, seconded by C. Martin. So voted. C. Mercier commented of LFD report concerning open burning and fireworks noting what the law is in the Commonwealth and Lowell. 4.2. 2014 / 291 - Communication - Report and Recommendation - Planning Board - Extend the INST Zoning District - 1291 Middlesex St. In Council, read, accept and placed on file by Motion of C. Milinazzo, seconded by C. Rourke. So voted. 4.3. 2014 / 290 - Communication - City Mgr. request Out of State Travel (1) LPD. In Council, read and adopted on roll call vote. So voted. 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. x Martin Jr., William F. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) 5.1. 2014 / 302 - Vote-Transfer ($90K) DPW (Energy-Electric) 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 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 Samaras, William x x 5.2. 2014 / 303 - Vote-Accept Gift of Services (City Historian) In Council, read twice 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 x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.3. 2014 / 304 - Vote-Auth C/M Execute MOU between City and Charter Environmental, Inc. 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 9 yeas. So Voted. Motion to “waive full reading” by C. Kennedy, seconded by C. Leahy. So voted. C. Mercier commented on the scale being used on the property. 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 Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.4. 2014 / 306 - Vote-Auth C/M Execute MOU re sidewalks on Aiken and Perkins Street In Council, read twice and adopted on roll call vote 9 yeas. So Voted. 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. x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x 5.5. 2014 / 307 - Vote-Auth C/M Execute Grant of Easement (Aiken St) 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. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) 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 Rourke, Daniel P. x Samaras, William x x REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) None PETITIONS 7. - PETITIONS 7.1. 2014 / 294 - Claims - (3) property damage; (1) personal injury. In City Council, referred to Law Department for report and recommendation by Motion of C. Mercier, seconded by C. Rourke. So voted. 7.2. 2014 / 295 - Misc. - UMass-Lowell request license for signage installation. In City Council, referred to Law Department to draft proper vote by Motion of C. Milinazzo, seconded by C. Samaras. So voted. 7.3. 2014 / 305 - National Grid - Request pole location at 294 Trotting Park Road. In City Council, Given 1st Reading, referred to Public Hearing on May 6, 2014 at 7PM 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) 7.4. 2014 / 308 - National Grid/Verizon NE - Request pole location at 39 Shaffer Street. In City Council, Given 1st Reading, referred to Public Hearing on May 6, 2014 at 7PM by Motion of C. Leahy, seconded by C. Martin. So voted. 7.5. 2014 / 309 - National Grid/Verizon NE - Request pole location at 246 Trotting Park Road. In City Council, Given 1st Reading, referred to Public Hearing on May 6, 2014 at 7PM by Motion of C. Rourke, seconded by C. Samaras. So voted. 7.6. 2014 / 310 - National Grid/Verizon NE - Request pole loction at 213 White Street. In City Council, Given 1st Reading, referred to Public Hearing on May 6, 2014 at 7PM by Motion of C. Mercier, seconded by C. Milinazzo. So voted. CITY COUNCIL - MOTIONS 8. - CITY COUNCIL - MOTIONS 8.1. 2014 / 296 - C. Kennedy - Req. City Mgr. set an annual date to hold Municipal Lien Auction. In Council, seconded by C. Leahy, read and referred to Manager. So voted. C. Kennedy noted it would be beneficial if the date for the auction was set at a fixed time, preferring the Spring. Manager Murphy noted he would make those adjustments. 8.2. 2014 / 297 - C. Samaras - Req. City Mgr. report on cost of establishing a 311 Constituent Service Call Center for the residents of Lowell. In Council, seconded by C. Rourke, read and referred to Manager. So voted. C. Samaras noted that it was an efficient system with ability to track information. Manager noted the see, click and fix program with the City. C. Martin commented on positive report regarding click and fix system. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) 8.3. 2014 / 298 - C. Belanger - Req. City Council discuss the reorganizing of Planning and Development to include an Economic Development Officer/Division independent of Planning. In Council, seconded by C. Kennedy, read and discussed on Council floor. So voted. C. Belanger noted it would be beneficial if there was a department charged with economic development separately and singularly. C. Milinazzo noted support for discussion but that the economic development department must be tied with the planning department. C. Samaras noted the departments must work together. C. Rourke questioned Manager concerning hiring schedule. Manager Murphy noted it would be a CFO followed by DPD positions and he would be addressing areas of concern. C. Kennedy noted it would be a good opportunity to take a different look at the organization and make adjustments if needed. CITY COUNCIL - EXECUTIVE SESSION 9. - CITY COUNCIL - EXECUTIVE SESSION 9.1. 2014 / 300 - Executive Session - Regarding pending litigation, public discussion of which could have a detrimental effect on the City's position. In Council, request withdrawn by Manager Murphy and City Solicitor O’Connor. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Mercier, seconded by C. Milinazzo. So voted. Adjourn at 8:07 PM. Respectfully Submitted ____________________________ Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov