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: Jun 10, 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 / 441 - Citation - Recognizing Major Everett L. Henry, III and Major Patricia Henry of the Salvation Army. Roll call showed 9 present. (6:45PM) Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for Mateus V. Martins. M. Elliott requested moment of silence in darkened chamber for John Hamblet, Sr. M. Elliott presented citation to Major Henry, III who addressed the Council. M. Elliott recognized former mayor Edward “Bud” Caulfield who works with the Salvation Army. C. Mercier thanked Major Henry for his work. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 420 - Minutes of City Council Meeting May 27th; Arts and Culture SC May 27th; Special Meeting June 3rd; Parks & Recreation SC June 3rd, for acceptance. In Council, minutes read, accept and place on file by Motion of C. Belanger, seconded by C. Kennedy. So voted. UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) 3.1. 2014 / 360 - Order of Taking and Acceptance of Melrose Ave and Shirley Ave. In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, seconded by C. Martin. 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 x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 2014 / 400 - Ordinance-Amend c.222 Peace and Good Order by adding s.222-14 entitled "Public Urination and Defecation." In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. Motion “to waive full reading” by C. Rourke, seconded by C. Samaras. So voted. 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 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) 4.2. 2014 / 433 - Vote-Approve Budget FY'15 In City Council, Read twice. Hearing opened. Motion “to waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. Motion by C. Kennedy, seconded by C. Mercier to recess public hearing to June 17, 2014 at 6 PM. Adopted on Roll Call Vote, 9 yeas. So voted. C. Kennedy noted the increase in taxes and thought it would be prudent to allow more time to review budget. C. Mercier noted added time would be nice for review though it would be difficult to cut in any areas. C. Samaras questioned budget formation process. Manager Murphy outlined the approach in formulating the budget noting some funding issues with the preliminary budget by prior administration. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2014 / 439 - Communications Summary Motion Response (A) Motion Response - Annual Date Municipal Auction Informational Reports (B) Informational - Approval of Ayer's City Industrial Park Urban Renewal Plan (C) Informational - Award of $200,000 U.S. EPA Brownfields Assessment Grant Petition Response (D) Petition Response - Handicap Sign at 16 Carmine Street Motion “To accept and place on file” by C. Rourke, seconded by C. Milinazzo. So voted. Motion to Suspend Rules to allow ordinance item (fireworks) to be placed on agenda by C. Milinazzo, seconded by C. Mercier. So voted. In Council, Given 1st Reading and referred as amended (increase fine from $300 to $500 in Section 1C) to a Public Hearing at 7PM on June 24, 2014 by Motion of C. Rourke, seconded by C. Samaras. Adopted on Roll Call vote, 9 yeas. So voted. C. Mercier noted that more money should be included for the fines and that special units should be deployed to enforce the ordinance. Solicitor O’Connor noted the change in the fine can be put in place. C. Samaras noted the issue with enforcement. Manager Murphy commented on enforcement plan. C. Belanger noted the problem needs to be addressed. Motion by C. Mercier, seconded by C. Milinazzo to increase fine to $500 under Section 1C of the ordinance. Adopted on Roll Call vote, 9 yeas. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) C. Leahy commented on future motions he expects to file. 5.2. 2014 / 438 - Communication-Appoint Joseph Mullen (Election Comm) In City Council, approved by Roll Call vote. Manager Murphy introduced Mr. Mullen who addressed the Council. 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 5.3. 2014 / 440 - Communication - City Mgr. request Out of State Travel (1) Health and (2) 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 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 434 - Vote-Auth Mgr Execute MOU (Local 1705 7/1/12-6/30/15) In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Leahy. So voted. C. Milinazzo noted the concessions on direct deposits and payroll procedures. C. Rourke noted all unions are under contract. C. Mercier commented it was good the matter was settled. 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 Samaras, William x x 6.2. 2014 / 436 - Vote-Apply/Accept/Expend Grant-Exec Office of Energy & Environmental Affairs In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. 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 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 6 of 9) 6.3. 2014 / 437 - Vote-Auth Mgr Execute Lease Jeanne D'Arc (ATM's) City Hall, School, Senior Ctr. In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. C. Martin and C. Milinazzo abstained from discussion and vote on the matter. C. Mercier questioned process to allow this vendor in to the position. Manager noted there is an RFP process in place. Solicitor O’Connor noted past practice with bidding on these services. Manager suggested holding vote and he will provide report. C. Samaras noted the procedures the school side used on this matter. Motion to delay until June 24, 2014 by C. Mercier, seconded by C. Kennedy. So voted. ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2014 / 435 - Order-60 day trial (various) In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. 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 x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2014 / 429 - Parks & Recreation SC June 3, 2014. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) In City Council, C. Mercier issued the report and noted attendance. C. Mercier outlined the discussion of the subcommittee which included update on plans for the Concord Greenway. Motion by C. Samaras, seconded by C. Rourke “to accept the report as a report of progress.” So voted. 8.2. 2014 / 351 - Wire Insp. - Greater Lowell Engineering Assoc. for Enterprise Bank - Req. underground electric conduit at 18 and 19 Palmer Street. In City Council, Motion to accept and adopt the recommendation of the Wire Inspector by C. Belanger, seconded C. Kennedy. So voted. PETITIONS 9. - PETITIONS 9.1. 2014 / 421 - Claims - (4) property damage. In City Council, referred “To Law Department for report and recommendation” by Motion of C. Leahy, seconded by C. Martin. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2014 / 422 - C. Kennedy - Req. City Mgr. provide City Council with a report outlining the process for developing RFPs in the Water and Wastewater Departments with a focus on who authors the RFP and who provides input. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. C. Kennedy noted it was important to look at all procedures in the department including RFP process to ensure that things are done at arm’s length with consultants and vendors. 10.2. 2014 / 423 - C. Kennedy - Req. City Mgr. provide update regarding construction project at former Butler School site on Gorham Street. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Kennedy requested status of project as it appears to be stalled. 10.3. 2014 / 424 - C. Milinazzo - Req. City Mgr. report on what proper notices are given to abutters by National Grid when opening up streets/sidewalks. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Milinazzo requested information for notice protocol and commented that the engineer department of the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) City has been helpful to citizens’ concerns. C. Mercier commented on the notice procedures of the utility companies. 10.4. 2014 / 425 - C. Mercier - Req. City Mgr. find ways and means to repair the sidewalk in front of the LeBlanc School on the Birch Street side. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Mercier noted that there were serious issues with the walk and people are falling as a result. C. Kennedy noted that the sidewalk of Market St. near the garage is also in need of repair and requested it be done. 10.5. 2014 / 426 - C. Rourke - Req. City Mgr. provide all audit reports from City Auditor and any independent audit reports from the past five (5) years regarding the Water Department. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke commented on audits and any investigations that may need to be done. 10.6. 2014 / 427 - C. Rourke - Req. City Mgr. report on the percentage of estimated water readings in the City. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Rourke requested procedures to be used in future. Manager Murphy noted a full report will be available next week regarding issue. C. Belanger questioned if there would be any relief for rate payers regarding the lack of oversight by the City. Manager Murphy noted that there may be ordinance changes to provide relief to rate payers. C. Kennedy commented the billing and appeal process needs improvement. 10.7. 2014 / 428 - C. Rourke - Req. City Manager and Executive Director of UTEC come before the City Council to discuss the partnership with the Lowell Police Dept. and other public safety agencies. In Council, seconded by C. Mercer, read and referred to City Manager. So voted. C. Rourke noted that all entities should be on same page moving forward in light of the funding provided by the City. 10.8. 2014 / 430 - C. Leahy/C. Rourke - Req. City Mgr. report on noise levels at Holy Ghost Park and develop a plan to control the noise levels during the summer months. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) In Council, no second needed, read and referred to City Manager. So voted. C. Leahy noted concern of neighborhood with summer approaching. C. Rourke noted there have been complaints of noise. M. Elliott relinquished Chair to Vice-Chair Leahy at 8:10 PM. 10.9. 2014 / 431 - M. Elliott - Req. City Mgr. report on costs and process of selecting outside counsel on various City matters. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott noted concern with legal fees to the City and requested report to go back five years. M. Elliott outlined various cases in which he believed there were out of control costs and fees and the department should be reviewed. C. Kennedy noted that the Law Department should not be blamed for an administration policy. M. Elliott noted that the Law Department is not informing the Council in a timely fashion concerning these costs and fees. 10.10. 2014 / 432 - M. Elliott - Req. City Mgr. report on costs and process in implementing surveillance measures regarding City business. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott commented that the Council needs to have knowledge of these expenses as well as information on the process to initiate these costs. C. Kennedy noted the need for transparency. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Rourke, seconded by C. Mercier. So voted. Adjourn at 8:22 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov