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 29, 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 / 330 - Proclamation - To Steve Conant, Board Member of Lowell Parks & Conservation Trust, recognizing Arbor Day. Communication - Steve Conant regarding white water rafting on Concord River. Communication - Discussion regarding City Auditor search. Roll call showed 9 present. Mayor Elliott Presiding. C. Milinazzo requested moment of silence in darkened chamber for Beatrice Zwicker. M. Elliott read and presented proclamation to Steve Conant of the Lowell Parks & Conservation Trust in recognition of Arbor Day. Mr. Conant thanked Council and recognized their support. Mr. Conant commented on the white water rafting excursions on the Concord River during the season. Motion to accept the communication and place on file by C. Martin, seconded by C. Leahy. So voted. M. Elliott noted that Auditor posting had closed and requested input regarding selections for interviews. Motion by C. Mercier, seconded by C. Leahy to open posting one week to May 30, 2014 to allow late filed entries. So voted. C. Kennedy noted that there should be a focus on time as he does not want to lose candidates. Motion by C. Martin, seconded by C. Samaras to have each Councilor file with the City Clerk no more than five selections for interviews by Friday May 2, 2014 at 5 PM and Clerk will notify the Council the following Tuesday. So voted. Motion by C. Samaras, seconded by C. Mercier to begin interviews Thursday May 8, 2014. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) Motion by C. Belanger, seconded by C. Martin to conduct three interviews per night. So voted. Motion by C. Mercier, seconded by C. Rourke to limit interviews to one hour including five minute openings and closings. M. Elliott noted that there would by a Burmese food fair upcoming in the City. Motion by C. Mercier, seconded by C. Rourke to suspend rules and take item 9.7 out of order. So voted. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 323 - Minutes of City Council Meeting April 22nd; Public Safety SC April 22nd, for acceptance. In Council, read, accept and place on file by Motion of C. Kennedy, seconded by C. Belanger. So voted. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2014 / 301 - Vote-Approve Ayer's City Industrial Park Urban Revitalization and Development Plan. (Cont. from April 15, 2014) In City Council, Read Twice. Motion by C. Mercier, seconded by C. Mercier to re-open the hearing continued from April 15, 2014. So voted. Hearing held. Hearing closed. M. Murphy introduced Craig Thomas, Urban Planner of DPD, to make presentation. Mr. Thomas presented power point to the Council. Presentation outlined the history, vision plan, existing conditions, development review, market study, proposal, City intervention, infrastructure upgrades, street re-alignment, improved connections, green space, project plan link to Master Plan, recommendations and next steps. Speaking in favor was Atty. Peter Lawlor representing the majority portion of the Levine family who own substantial property in the area. Carol McCarthy, Sacred Heart Neighborhood Group, noted positive impact of the plan on the area. Speaking in opposition were Mark Plourde and Patrick Kennedy who were direct abutters and concerned for safety in the area for children. C. Mercier noted that the neighborhood should be further informed and that the vote should be delayed. C. Milinazzo noted that you can move forward with the plan and that changes can be made as you move forward as well as City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) meeting with groups. Motion by Kennedy, seconded by C. Milinazzo to move the vote forward and refer to Economic Development SC for review and input. So voted per Roll Call vote. 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 UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2014 / 238 - National Grid/Verizon NE – Request pole location at 16 Maude St. (Cont. from April 22, 2014) In City Council, Given 2nd Reading. Motion to “waive full reading” by C. Mercier, seconded by C. Rourke. So voted. Hearing opened. Hearing held. Speaking in favor was Dave Agawin from National Grid. Motion by C. Mercier, seconded by C. Milinazzo to refer matter to Wire Inspector for report and recommendation. So voted. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2014 / 337 - Communication Summary Motion Responses (A) Motion Response - Report on cost of a moving violation for driving in bike lane Informational Reports (B) Informational - UMass Lowell Community Meeting (C) Informational - COOL Annual Breakfast City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) Motion “To accept and place on file” by C. Leahy, seconded by C. Martin. So voted. 5.2. 2014 / 338 - Communication - FY14 Budget Update and FY15 Budget Progress In City Council, M. Murphy commented on meeting with all Department Heads regarding 2014 and 2015 budgets and praised the efforts of Conor Baldwin, Rodney Conley and Bob Healy. M. Murphy outlined the remaining FY14 budget and noted only deficit would be in Snow and Ice Account and further outlined steps to reduce the same. M. Murphy outlined FY15 budget and commented that he still needs to meet with School Department regarding net school spending. C. Belanger questioned the hiring of firefighters in the FY15 budget. M. Murphy noted that they were not included but were working on the matter. C. Rourke questioned the status of union contracts. M. Murphy commented on the remaining status of open contracts. Motion to accept the report as a report of progress by C. Mercier, seconded by C. Milinazzo. So voted. VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 331 - Vote-Declare Surplus 603 Chelmsford St. ($130,000) In Council, read twice and adopted. 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 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2014 / 327 - Economic Development SC April 29, 2014. In City Council, C. Belanger issued the report and noted attendance. C. Belanger outlined the discussion regarding parking ordinance and resolution of parking issues downtown. C. Leahy noted that they should be exploring free parking downtown. C. Kennedy noted there was a discussion regarding free time in the garages. Motion by C. Rourke, seconded by C. Samaras “to accept the report as a report of progress.” So voted. C. Samaras noted Youth Services SC scheduled for May 13, 2014. PETITIONS 8. - PETITIONS 8.1. 2014 / 332 - Claims - (2) property damage. In City Council, referred “To the Law Department for report and recommendation” by Motion of C. Leahy, seconded by C. Martin. So voted. 8.2. 2014 / 333 - Misc. - Request by William Daley to address the City Council regarding state of the City. In Council, withdrawn by petitioner. 8.3. 2014 / 334 - Misc. - Request by Dennis Sargentelli to address City Council regarding noise ordinance. In City Council, Mr. Sargentelli addressed the Council outlining his long term issue with his neighbor. Mr. Sargentelli noted he requested police help on numerous occasions and the issue is still prevalent. M. Murphy commented he would be involved in resolving the issue. Motion to accept and place on file by C. Belanger, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 324 - C. Martin - Req. City Mgr. have Wastewater Department report on recent flooding on Wentworth Ave. and efforts being undertaken to avoid future occurrences. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Martin requested a review to see if prior scheduled work had been done in the area to prevent the flooding and what remedial measures would take place. C. Mercier commented that beavers may have been the problem in that area as well. 9.2. 2014 / 325 - C. Milinazzo - Req. City Mgr. report on the frequency/method of payroll distribution for city and school department employees. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Milinazzo commented that there may be costs savings in this area. Acting City Auditor O’Beirne commented on current pay system. Manager noted that they are close to going to a bi-weekly pay system. 9.3. 2014 / 328 - C. Mercier - Req. City Council and the administration set the goal and meet the challenge to start the process of establishing a hotel in the City of Lowell downtown area. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. Motion to Suspend Rules to take item 9.5 on the agenda concurrently by C. Kennedy, seconded by C. Belanger. So voted. C. Mercier noted it was a piece of the puzzle that needs to be added for enhancing economic development. 9.4. 2014 / 329 - C. Mercier - Req. City Mgr. have proper department find ways and means to locate a spot, specifically in the Highlands section to be designated in honor of William J. Sullivan. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Mercier outlined the heroic life of Mr. Sullivan. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) 9.5. 2014 / 336 - C. Belanger - Req. City Mgr. establish a "Hotel Initiative" and work with DPD and UMass-Lowell officials to establish potential future hotel locations. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Belanger noted there is a need for the hotel and the City has missed years of opportunities in that regard. 9.6. 2014 / 339 - C. Rourke - Req. City Mgr. have Police Supt. provide a list to Councilors of all current and future precincts sites that fall in line with the reorganization of the department. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke noted he had spoken to the Superintendent and that he can provide such a list. 9.7. 2014 / 326 - M. Elliott/C. Mercier - Req. City Council vote to revert Fr. Morrisette Blvd. back to a four-lane traffic through-way and remove bike lanes. In Council, no second needed, read and referred as amended to City Manager and to Transportation SC. So voted. C. Mercier noted the reasoning behind the motion and referred to a police report noting that the lane was not safe and that markings should be improved. Motion to amend to send to City Manager by C. Mercier, seconded by C. Martin. So voted. Motion to further amend by C. Samaras, seconded by C. Mercier to refer to Transportation SC. So voted. M. Elliott relinquished the Chair to Vice Chair Leahy at 7:02 PM. M. Elliott commented that the lanes were not used and there was a safety concern because of poor planning and that he would not oppose returning to Manager to further study the matter. C. Samaras commented that the lanes are confusing and dangerous and there is a need for better planning. C. Samaras commented that biking is here and will be a part of city planning so the City should prepare for that. C. Rourke noted that the design was poor. C. Kennedy commented on the vote taken to allow the lanes noting it was somewhat secondary to a loan order. C. Kennedy noted it should be given time and studied further and the goal should not be for elimination. C. Belanger noted the lanes are underused and unsafe and work should be done to improve them. C. Milinazzo commented on the LPD report on safety that should be reviewed. C. Martin supported sending matter to Manager and commented on recent article outlining the use of biking as an element of successful economic development. C. Martin noted City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) that UMass-Lowell should be involved with discussions and that education is needed in this area. The following registered speakers supported the use of the bike lanes: Paul Marion; Dan MacNeil; Marianne Gries; Lora MacNeil; Charles Arnold; Sidney Liang; Christopher Hayes; Sophan Phin; Aurora Erickson; James Hill; Joy Mosenfelder; David Watson and Patrick Murphy. C. Leahy returned Chair to M. Elliott at 7:26 PM. 9.8. 2014 / 335 - M. Elliott - Req. City Mgr. address clothing donation boxes that have become locations for illegal dumping. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. M. Elliott relinquished Chair to Vice Chair Leahy at 9:31 PM. M. Elliott noted that there are cameras in spots and they can be used to prevent the illegal dumping. C. Belanger noted that issue must be addressed. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Martin. So voted. Adjourn at 9:36 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov