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 24, 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 / 457 - Citation-Recognizing Cobblestones Restaurant & Bar on their 20th Anniversary. Roll call showed 9 present. Mayor Elliott Presiding. M. Elliott presented citation to Scott and Kathleen Plath, owners of Cobblestones, who addressed and thanked the Council. C. Leahy recognized the establishment. C. Belanger noted the hard work needed to be done to last twenty years. C. Mercier thanked them for their support in the community. C. Samaras noted the community involvement. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 443 - Minutes of City Council Meeting June 10, 2014, Public Hearing FY 15 Budget June 17, 2014 for acceptance In Council, minutes read, accept and place on file by Motion of C. Rourke, seconded by C. Samaras. So voted. Motion to suspend rules to take item # 10.10 and 10.13 out of order by C. Mercier, seconded by C. Milinazzo. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 13) UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS 3.1. 2014 / 437 - Vote-Auth Mgr Execute Lease Jeanne D'Arc (ATM's) City Hall, School, Senior Ctr. In Council, read twice and adopted. Manager Murphy reported on the process used in the selection. C. Mercier commented on the report and noted the process. C. Martin and C. Milinazzo did not participate in the discussion and abstained from voting on the matter. Motion to suspend rules to take items # 5.2 to # 5.5 inclusively out of order 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 x Kennedy, Jr, Edward J. 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 GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 2014 / 447 - Ordinance-Amend Chapter 155, Entitled Fire Prevention, by adding S 155- 17 entitled "Sale, Possession and Use of Fireworks Prohibited. In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. Speaking in favor were Bill Daley and Ann Marie Page. Adopted as amended on Roll Call vote. Manager Murphy introduced Supt. William Taylor (LPD) to make presentation (charting map) regarding fireworks. Motion to suspend rules to take item #10.1 concurrent with this hearing by C. Mercier, seconded by C. Martin. So voted. Supt. Taylor noted the increase in the problem as well as enforcement and commented the ordinance will help with those issues. Supt. Taylor commented on the use of special officers and public education to assist with enforcement. C. Mercier noted the public safety element to the ordinance. C. Belanger noted arrest for City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 13) violations and the difficulty in enforcement. C. Samaras noted the use of reverse 911 calls to inform public. C. Martin noted map which outlined other disturbances as well. C. Belanger noted the potential fire hazard. M. Elliott noted the need for ordinance as fireworks present prevalent and dangerous situation. Motion to amend ordinance to delete “sparklers” from Section 1A of the text by C. Milinazzo, seconded by C. Kennedy. 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 Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2014 / 465 - Communication Summary Motion Responses (A) Motion Response - Mulch Blower (B) Motion Response - Final Water readings and billing (C) Motion Response - LPD Fundraising (D) Motion Response - LFD Fundraising (E) Motion Response - Stop sign at the corner of Raynor and Monadnock Streets (F) Motion Response - Status and occupancy of all mill properties and other industrial properties (G) Motion Response - Proper department meet with Middlesex County Sheriff's Department in order to organize major clean-up for City of Lowell (H) Motion Response - Status of painting of traffic lines on Andover Street Informational (I) Informational - Transfers over $20,000 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 13) (J) Informational - National Night Out 2014 (K) Informational - LowellSTAT Report - Parking (L) Informational - DPD Presentation on Sustainable Lowell 2025 (M) Informational - Update on the 2014 crosswalk street marking program (N) Informational - ATM lease process (O) Informational - 2015 Preliminary Tax Bill Petition Responses (P) Petition Response - Request for Street Light at Pine Tree and Sandy Lane. (Q) Petition Response - Lowell Code of Ordinances Amendment - Pet Pig Ownership Motion “To accept and place on file” by C. Samaras, seconded by C. Kennedy. So voted. C. Mercier commented on Motion Response A regarding the purchase of the mulch blower. Manager Murphy noted the inclusion in the Capital Plan. C. Kennedy commented on Motion Response B regarding the reconciliation of bills and final readings. Manager outlined responses to final readings as well as reconciling the bills. City Solicitor O’Connor commented that the current ordinance is well drafted but not suited for the situation that has arisen and the ordinance should be clarified to assist in any resolution. C. Mercier noted the City’s obligation to address these bills in a timely fashion. Manager noted the issues should be dealt with in a quick fashion. C. Belanger noted there must be timely hearings on the issues. C. Leahy noted that all readings should not be estimated from now on. C. Kennedy commented on Motion Response K regarding the revenue forecasts. Robert Healy commented on FY 15 estimates of revenue. C. Belanger commented that you cannot issue violations to visitors in the City and that there is a lack of revenue on Fr. Morrissette Blvd. Manager noted lease with UML for 125 spots. Manager commented on the use of meter maids to assist in parking for the Spinners and not for issuing violations. C. Kennedy requested update report from the Parking Enterprise. C. Rourke questioned the hiring of new staff. M. Elliott commented on Motion Response O noting the adjustments to the tax bills. Susan LeMay (Assessor) commented on preliminary tax bill. C. Belanger noted it was good to get the information out as soon as possible. 5.2. 2014 / 462 - Communication Appoint Sean M. Callahan (ZBA alternate member) In City Council, approved by Roll Call vote. Manager Murphy introduced Mr. Callahan who addressed the Council. 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. x 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 5.3. 2014 / 464 - Communication-Reappoint Dr. John Donovan (Board of Health) In City Council, approved by Roll Call vote. Motion to waive full reading by C. Rourke, seconded by C. Samaras. So voted. Manager Murphy introduced Dr. Donovan 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 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 5.4. 2014 / 467 - Communication-Appoint Dan O'Connor, Susan Smith, Janet Barsorian, Brent Rourke (Hunger Homeless Comm.) Motion “To accept and place on file” by C. Samaras, seconded by C. Milinazzo. So voted. Ms. Smith, Mr. O’Connor and Mr. Rourke were present and thanked Council. C. Martin questioned if Council had a selection. Robert Healy (Interim CFO) outlined the process and noted the appointments of the Council. M. Elliott commented they should begin process to make City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 13) selection and welcomed input. C. Mercier requested updated report on boards and commissions. 5.5. 2014 / 468 - Communication-Appoint Nancy McGovern (License Commission) In City Council, approved by Roll Call vote. Manager Murphy introduced Ms. McGovern who addressed and thanked 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 Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 5.6. 2014 / 472 - Communication - City Mgr. request approval Out of State Travel (1) DPD, (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 7 of 13) VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 461 - Vote-Accept gift for LPD/Student Police Academy $2000 from DCU In Council, read twice and adopted. C. Kennedy requested that a letter of thanks go out to the donor as well. 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 Rourke, Daniel P. x x Samaras, William x x 6.2. 2014 / 470 - Vote-Authorizing City Manager to Accept the Gift of the Deed to 36 Merrill Street, Lowell, MA In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Rourke. So voted. C. Martin recused himself from discussion and vote on this article. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 13) Samaras, William x 6.3. 2014 / 473 - Vote - Authorizing City Manager Ex. Amended License Agreement (299 Tanner St) In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, seconded by C. Kennedy. So voted. C. Martin was not present for discussion and vote on this article. 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 x Rourke, Daniel P. x Samaras, William x ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2014 / 469 - Order-60 day trial In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Samaras. So voted. C. Martin recused himself from discussion and vote on this article. C. Leahy questioned location and Eric Eby (Traffic Engineer) noted the location. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 13) 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) None. PETITIONS 9. - PETITIONS 9.1. 2014 / 444 - Comcast of Southern, N.E. - Request for new handhole and cable at 5 Merrimack Street In City Council, given 1st reading, Motion to refer matter to Public Hearing on July 22, 2014 at 7 PM by C. Belanger, seconded by C. Kennedy. So voted. 9.2. 2014 / 445 - S & R Corp and Lowell Central Electric for Demoulas Foundation - To install (4) new 4" telephone ducts along Dublin St. In City Council, given 1st reading, Motion to refer matter to Public Hearing on July 22, 2014 at 7 PM by C. Milinazzo, seconded by C. Rourke. So voted. 9.3. 2014 / 446 - Misc. - Rexford Seid request repair of curb in front of 105 Westford Street. In City Council, referred “To Manager for report and recommendation” by Motion of C. Martin, seconded by C. Leahy. So voted. 9.4. 2014 / 466 - Claims - (1) Property Damage, (1) Personal Injury. In City Council, referred “To Law Department for report and recommendation” by Motion of C. Rourke, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 13) CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2014 / 448 - C. MERCIER - “Request the City Manager have the Law Department research city ordinance so that City Council can increase the fine and set stricter penalties for those who set off fireworks as well as the City Manager have the Police Superintendent form a special unit to crack down on this nuisance at this time of year”. In Council, seconded by C. Milinazzo, read and discussed at Public Hearing held for Fireworks Ordinance. So voted. 10.2. 2014 / 449 - C. MERCIER-“Request the City Manager have the proper department put Swan Street on the list to be an accepted street”. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted the need to accept the street so that it can be eligible for Chapter 90 funding. 10.3. 2014 / 450 - C. LEAHY-“Request the City Manager have the Planning and Development Department work with Jean D’Arc Credit Union to develop their old bank sight on Merrimack Street”. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Martin and C. Milinazzo recused themselves from discussion and voting on this matter. C. Leahy noted the ideal location of the property. C. Belanger commented on the parcel and its size. 10.4. 2014 / 451 - C. LEAHY-“Request the City Manager and the City Engineers Department report back to Council in a timely manner of plan to deal with bridges going over canals”. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott noted no objections to discussing item # 10.12 on the agenda at this time. C. Leahy noted there is a need for a solution as public safety is affected. C. Milinazzo noted the numerous letters received regarding the bridges. C. Kennedy noted prior discussion with Enel regarding the bridges and that the discussions should begin again. C. Leahy noted the substandard condition of the new Kearney Square Bridge. M. Elliott relinquished Chair to Vice-Chair Leahy at 8:40 PM. M. Elliott noted the frustration with Enel and their lack of effort and commented on the need to force the issue. C. Leahy returned Chair to M. Elliott at 8:45 PM. 10.5. 2014 / 463 - “Request the City Manager have the proper department ensure that outdoor restaurant seating is in compliance with the ordinance”. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 13) In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy outlined the motion. 10.6. 2014 / 452 - C. BELANGER/C. SAMARAS-"Request the City Manager search for additional funding to subsidize City/Cultural/Ethnic Events throughout the City”. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Samaras withdrew his name as co-author of the motion without objection and did not speak or vote on the matter. C. Belanger noted the need to spur economic development. 10.7. 2014 / 453 - C. BELANGER-“Request the City Manager provide update regarding RFP process for School Administration Offices”. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Belanger requested status and noted the importance of a downtown presence. C. Kennedy commented on the RFP process and the importance to the central business district. Manager Murphy noted this was the second round of RFP as the first set did not reach a favorable result. M. Elliott commented on the process by the school administration. 10.8. 2014 / 454 - C. MARTIN-“Request the City Manager have Parks/Recreation Department introduce pickle ball to this year’s summer recreation program”. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Martin noted it was new sport and it should be explored to see if it would fit with the City recreation plan. C. Mercier noted shuffleboard may be included as well. 10.9. 2014 / 459 - C. ROURKE - "Req. City Mgr. provide Council with information regarding the partnership between City Inspection/Developmental Service Departments and the LPD." In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Rourke requested information regarding the current procedures. C. Belanger noted that the relationship is key to combatting illegal activity. 10.10. 2014 / 458 - C. ROURKE - "Req. City Mgr. explore possibility of Lowell joining FEMA's Community Rating System." In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Rourke commented on joining in as it concerns itself with flood plain descriptions. The following registered to speak: Deb Forgione and Paul Belley. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 13) 10.11. 2014 / 460 - C. ROURKE - "Req. City Mgr. and the MIS Department explore the feasibility and sustainability of City provided Wifi for Lowell's downtown neighborhood." In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Rourke noted the nationwide movement on this matter. 10.12. 2014 / 455 - M. ELLIOTT-“Request City Manager contact State Department of Transportation to request a full inspection of all bridges owned by Enel Corporation and initiate any/all legal actions necessary to bring all bridges above minimum load limits”. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. M. Elliott addressed the matter in item # 10.4. 10.13. 2014 / 456 - M. ELLIOTT-“Request the City Manager have the Traffic Engineer look into pedestrian crossing on Andover Street at Douglas Road”. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott relinquished the Chair to Vice Chair Leahy at 6:55 PM. M. Elliott noted the existing problem. Scot Darlington, registered speaker, outlined the issue and presented signed petition from neighborhood. M. Elliott noted the need for improved traffic control. C. Belanger noted the concerns of parents. C. Samaras commented on lane painting and safety. C. Kennedy noted the street was a secondary highway and is dangerous to pedestrians and vehicles. C. Leahy returned Chair to M. Elliott at 7:05 PM. C. Leahy noted the need to get a handle on it and quickly. Mr. Eby (Traffic Eng.) noted it was a City owned road. C. Kennedy noted the need to ensure that there is a safe crossing. C. Leahy noted a drop in the speed limit may help. Mr. Darlington noted a prior fatality in that area. CITY COUNCIL - EXECUTIVE SESSION 11. - CITY COUNCIL - EXECUTIVE SESSION 11.1. 2014 / 471 - Executive session, pursuant to “Exemption 3”, to discuss strategy with respect to potential litigation regarding the Greater Lowell Technical High School, public discussion of which could have a detrimental effect on the City’s position. In Council, M. Elliott noted the reasons for the Executive Session and informed the public that the body would adjourn from that session at its conclusion. Roll call taken to enter Executive Session at 9:01 PM. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 13 of 13) 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 ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Samaras. So voted. (From Executive Session) Adjourn at 9:25 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov