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: May 27, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2014 / 392 - Minutes of City Council Meeting May 20th, for acceptance. Roll call showed 9 present. Mayor Elliott Presiding. C. Milinazzo requested moment of silence in darkened chamber for Adelard “Ed” Trudel. Motion to Suspend Rules to take item #3.3 out of order by C. Mercier, seconded by C. Milinazzo. So voted. In Council, minutes read, accept and place on file by Motion of C. Belanger, seconded by C. Kennedy. So voted. GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 2014 / 359 - Ordinance-Amend Zoning Article IX Overlay Districts, specifically sec. 9.1 Flood Plain Overlay District (FPOD) In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. Motion “to waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. C. Kennedy inquired about back water study request to UMass-Lowell. M. Elliott noted the planning board recommendation concerning this ordinance. C. Milinazzo commented on process after vote is taken. Eric Slagle (Insp. Services) noted the State will be informed regarding outcome of vote and that those affected will be informed as well by the City. M. Elliott noted the City is compliant with the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) FEMA requirements. Mr. Slagle commented on the number of properties whose status would change with the adaptation of the plan. C. Martin noted that it is not good news as this will have a negative financial effect on homeowners but the Council had no choice in the matter. C. Kennedy requested list of owners affected. M. Elliott commented on the process to disburse information along with resources that could be used for assistance. C. Belanger made note of the process. C. Rourke commented that several have been notified. Adopted on 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 Rourke, Daniel P. x Samaras, William x x 2.2. 2014 / 360 - Order of Taking and Acceptance of Melrose Ave and Shirley Ave. In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. Motion “to waive full reading “by C. Leahy, seconded by C. Samaras. So voted. C. Mercier commented that this allows these streets to receive state money to be paved. Motion to refer to Clerk’s Office for 7 days by C. Mercier, seconded by C. Milinazzo. So voted. Matter will be returned to agenda for June 10, 2014. COMMUNICATIONS FROM THE CITY MANAGER 3. - COMMUNICATIONS FROM THE CITY MANAGER 3.1. 2014 / 401 - Communication Summary Motion Responses (A) Motion Response - Address Clothing Donation Boxes (B) Motion Response - Review the need for a crosswalk from Cardinal O'Connell Parkway over Market Street (C) Motion Response - Special Permit Status of 557 Varnum Avenue City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) (D) Motion Response - Update on construction projects - Sun Apartment and Father John's Medicine Buildings (E) Motion Response - Report on the use of the Receivership Program (F) Motion Response - Report and Recommendation for potential use for the City owned parcel at 16 Hampshire Street Informational Report (G) Informational - Kazanjian Used Parts, Inc. 651-657, 705 Dutton Street Petition Responses (H) Petition Response - Handicap Parking Sign 325 Moody Street (I) Petition Response - Request Handicap Parking Sign be moved from Stevens Street to Alder Street Motion “To accept and place on file” by C. Rourke, seconded by C. Milinazzo. So voted. C. Leahy commented on Motion Response (A) recognizing the work being done to combat the trash surrounding the donation boxes. C. Rourke commented on Motion Response (C) questioning Mr. Slagle regarding inspections on the property. Mr. Slagle noted the process and status of the property. C. Rourke questioned the future use of the property. C. Mercier commented on Motion Response (G) noting that proper licenses were issued and that no negative inspections have been done on the property. C. Kennedy noted that the response should be sent to individuals who were complaining. Mr. Slagle noted he would provide response. 3.2. 2014 / 405 - Communication - City Mgr. request Out of State Travel (1) LPD. In City Council, approved by Roll Call vote. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) 3.3. 2014 / 406 - Communication - From City Mgr. regarding presentation of the 2014 Green Building Excellence Award from the Green Building Commission. Motion “To accept and place on file” by C. Rourke, seconded by C. Milinazzo. So voted. M. Elliott made presentation to homeowners, Chris Gleba and Kris Erickson. Chair of the Green Building Commission addressed the Council along with project architect Mark Yanowitz. C. Mercier noted some design elements of the project. 3.4. 2014 / 407 - Communication - Report and Recommendation - Planning Board - Proposed Amendment relative to the National Flood Insurance Program (NFIP) and the Federal Emergency Management Agency (FEMA). Motion “To accept and place on file” by C. Rourke, seconded by C. Milinazzo. So voted. VOTES FROM THE CITY MANAGER 4. - VOTES FROM THE CITY MANAGER 4.1. 2014 / 395 - Vote-Auth C/M Execute Lease Agreement (605 Broadway St) LPD Reentry Program In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. C. Belanger noted the preferable rent and requested that the Mayor forward a letter of recognition to the owner. 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 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 5 of 9) 4.2. 2014 / 396 - Vote-Auth approval and submission of Fed FY2014-2015 Annual Action Plan In Council, read twice and adopted. Motion to “waive full reading” by C. Samaras, seconded by C. Rourke. So voted. C. Mercier questioned the amount of grant funding and noted it is decreasing. Allison Lamey (DPD) outlined the decrease for this year. C. Milinazzo noted the exceptional work done on the report. 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 4.3. 2014 / 398 - Vote-Auth C/M to transfer appropriations pursuant to MGL c. 44, s.33B In Council, read twice and adopted. Manager Murphy noted the transfer is to do with housekeeping for FY2014. Robert Healy (Interim CFO) outlined the transfer and noted the shortages in Snow and Ice as well as Sick Buyback accounts. C. Martin requested that the Council rules be followed regarding notice to the body regarding amounts. C. Kennedy noted the Council should remain informed. C. Belanger noted it was a good management tool and transparency should still be adhered to. C. Leahy noted it was for only FY2014. M. Elliott questioned future transfers. Mr. Healy noted there would probably be about fifty mostly to replenish the above referenced accounts. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x ORDERS FROM THE CITY MANAGER 5. - ORDERS FROM THE CITY MANAGER 5.1. 2014 / 394 - Order-60 day trials In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by 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. x Martin Jr., William F. x x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x ORDINANCES FROM THE CITY MANAGER 6. - ORDINANCES FROM THE CITY MANAGER 6.1. 2014 / 400 - Ordinance-Amend c.222 Peace and Good Order by adding s.222-14 entitled "Public Urination and Defecation." In Council, Given 1st Reading and referred to a Public Hearing before the Council at 7PM on June 10, 2014 by Motion of C. Belanger, seconded by C. Kennedy. So voted. 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 / 408 - Arts and Culture SC May 27, 2014. In City Council, C. Milinazzo issued the report and noted attendance. C. Milinazzo outlined the discussion of the subcommittee which included COOL and CASE organizations and a presentation from Ms. Susan Halter of COOL. Motion by C. Rourke, seconded by C. Samaras “to accept the report as a report of progress.” So voted. M. Elliott noted the various veterans’ remembrances over the weekend. Motion to Suspend Rules to take items #7.2, 7.3, 7.4 and 7.5 as one item by C. Kennedy, seconded by C. Belanger. So voted. 7.2. 2014 / 305 - Wire Insp. - National Grid - Request pole location at 294 Trotting Park Road. In City Council, Motion to accept and adopt the recommendation of the Wire Inspector by C. Mercier, seconded C. Milinazzo. So voted. 7.3. 2014 / 309 - Wire Insp. - National Grid/Verizon NE - Request pole location at 246 Trotting Park Road. In City Council, Motion to accept and adopt the recommendation of the Wire Inspector by C. Mercier, seconded C. Milinazzo. So voted. 7.4. 2014 / 308 - Wire Insp. - National Grid/Verizon NE - Request pole location at 39 Shaffer Street. In City Council, Motion to accept and adopt the recommendation of the Wire Inspector by C. Mercier, seconded C. Milinazzo. So voted. 7.5. 2014 / 310 - Wire Insp. - National Grid/Verizon NE - Request pole location at 213 White Street. In City Council, Motion to accept and adopt the recommendation of the Wire Inspector by C. Mercier, seconded C. Milinazzo. So voted. PETITIONS 8. - PETITIONS 8.1. 2014 / 393 - Misc. - Maureen Depetrol request (1) handicap parking sign at 16 Carmine Street. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) In City Council, Motion to amend to a 60 day trial and refer to Traffic Engineer by C. Mercier, seconded by C. Samaras. So voted. 8.2. 2014 / 404 - Misc. - Thomas E.P. Sarantakis request to address Council regarding memorial at the corner of Backcentral and Floyd Streets for Juventino Leite; Thomas, Eugene and Paul Gauthier. In City Council, referred “To City Manager for review and recommendation” by Motion of C. Milinazzo, seconded by C. Mercier. So voted. Mr. Sarantakis addressed the Council regarding the request. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 402 - C. Leahy - Req. City Mgr. have Traffic Engineer review the need for a stop sign at the corner of Raynor and Manadnock Streets. In Council, seconded by C. Martin, read and referred to Traffic Engineer. So voted. C. Leahy noted the need for the stop sign as more children are present in the neighborhood. 9.2. 2014 / 399 - C. Rourke/C. Belanger - Req. City Mgr. provide an account of all financial institutions that hold City revenue. In Council, no second needed, read and referred to City Manager. So voted. C. Rourke noted it is important to review investments and the need to make sure you are getting best possible return. C. Belanger noted local business should be given preference if possible. C. Samaras noted the need to support local banks as they have supported the City in the past and will continue to support the City. C. Leahy noted that all funds should be checked. C. Kennedy requested the reasoning why funds are in a certain bank. C. Mercier noted that local banks have contributed to the City when requested. 9.3. 2014 / 403 - C. Samaras - Req. City Mgr. review status of painting of traffic lines on Andover Street. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted the motion was presented to enhance safety and requested report on the number of accidents on the street within the last year. C. Belanger noted a lot of calls on the issue. C. Kennedy noted the existing problems that need constant attention and noted the area around Douglas Road. C. Rourke commented on preference list for street repair and painting. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) 9.4. 2014 / 409 - M. Elliott/C. Martin - Req. City Mgr. provide and update to Parks Subcommittee on plans to develop Concord River Greenway. In Council, no second needed, read and referred to City Manager. So voted. C. Martin noted that need to know the next step to take on the project. M. Elliott relinquished Chair to Vice Chair Leahy at 7:45 PM. M. Elliott commented on the City’s role in the project and need to know next step. C. Mercier noted the upcoming Parks SC on June 2, 2014 at 5 PM to discuss matter. 9.5. 2014 / 410 - M. Elliott - Req. City Mgr. report on process for final water meter readings. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott noted the need to change procedure to better serve public. C. Mercier commented on the role of the department head in resolving issues and managing the department. C. Rourke questioned the implementation time table for the new meters and was informed that all would be complete in about 2.5 years. C. Kennedy questioned why the department head had not taken any action to correct the situation after he knew of it. C. Belanger noted the scope of the problem was bigger than realized and there should be consequences if not managed properly. C. Samaras noted that the department head should forward all information to manager involving the issue. C. Martin noted the past accomplishments of the Water Department. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by M. Elliott. So voted. Adjourn at 8:00 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov