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: Jul 08, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2014 / 474 - Minutes of City Council Meeting June 24th, for acceptance. Roll call showed 9 present. Mayor Elliott Presiding. C. Samaras took a point of personal privilege and commented on the effectiveness of the administration’s response to recent shooting in the City. Motion to Suspend Rules to issue a citation to Merrimack Repertory Theatre by C. Belanger, seconded by C. Kennedy. So voted. M. Elliott presented citation to Elizabeth Kegley of the Merrimack Repertory Theatre in recognition of thirty five years in business. Ms. Kegley addressed and thanked the Council. Motion to Suspend Rules to take item # 3.2 and 8.10 out of order by C. Leahy, seconded by C. Kennedy. So voted. Motion to Suspend Rules to take item # 8.5 out of order by C. Samaras, seconded by C. Rourke. So voted. Motion to Suspend Rules to take item # 7.3 out of order by C. Mercier, seconded by C. Rourke. So voted. Motion to Suspend Rules to take item # 7.4 out of order by C. Martin, seconded by C. Leahy. So voted. COMMUNICATIONS FROM THE CITY MANAGER 2. - COMMUNICATIONS FROM THE CITY MANAGER 2.1. 2014 / 499 - Communication Summary City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 13) Motion Responses (A) Motion Response - Holy Ghost Park (B) Motion Response - Update regarding construction project at former Butler School (C) Motion Response - Swan Street (D) Motion Response - National Grid Notices (E) Motion Response - Sidewalk Repairs in Front of LeBlanc School (F) Motion Response - Have proper department ensure that outdoor seating is in compliance with the ordinance (G) Motion Response - Explore dedication of a rock in memory of William Lapointe at the Lowell Boys & Girls Club (H) Motion Response - Report on the frequency-method of payroll distribution for city and school department employees (I) Motion Response - Discuss excise tax demand fees and lost checks for property tax in Treasurer's Office (J) Motion Response - Market Street sidewalk (K) Motion Response - Report on parking enforcement during Spinners games Petition Response (L) Petition Response - Request for Repair of Curb at 105 Westford Street Informational Report (M) Informational - Downtown Lowell 2-Way Traffic Conversion Motion “To accept and place on file” by C. Martin, seconded by C. Mercier. So voted. C. Rourke commented on Motion Response A regarding Holy Ghost Park noting noise complaints. Supt. Taylor (LPD) commented on resolution of complaints. C. Leahy commented on Motion Response I regarding excise tax demand and fees and the procedures that are being used. Manager Murphy noted that all mailings are tracked by the department. 2.2. 2014 / 500 - Communication Summary Communications (N) Communication – UTEC Motion “To accept and place on file” by C. Mercier, seconded by C. Rourke. So voted. Supt. Taylor and Gregg Croteau (UTEC) discussed the resolutions between the two agencies. C. Rourke commented on the resolutions. C. Samaras noted that the two agencies working together would benefit the City. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 13) 2.3. 2014 / 484 - Communication-Reappoint Paulette Renault-Caragianes (Board of Health) In City Council, approved by Roll Call vote. C. Mercier commented on appointment. 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 Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 2.4. 2014 / 503 - Communication-Proposed Amendments to Ch. 272 "Water and Sewers" In City Council referred to Finance SC by Motion of C. Samaras, seconded by C. Rourke. So voted. C. Mercier noted the timely response on the part of the Manager. 2.5. 2014 / 504 - Communication-Proposed Amendments to Ch 222 create new s. 222-15 entitled "Synthetic Recreational Drugs In City Council referred to Public Safety SC by Motion of C. Kennedy, seconded by C. Leahy. So voted. C. Belanger noted the need for attention to these new drug issues. Manager noted the reasoning behind the proposed ordinance. C. Martin requested and point of personal privilege and commented on the Armand LeMay dedication and the efforts of Asst. City Manager Henri Marchand to organize same. VOTES FROM THE CITY MANAGER 3. - VOTES FROM THE CITY MANAGER 3.1. 2014 / 486 - Vote-Auth CM Execute Consent for Access to Property Agreement between the City and EPA (86 Fay Street) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 13) In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. So voted. M. Elliott relinquished Chair to Vice Chair Leahy at 8:00 PM, as he noted conflict and would not be involved in discussion or vote. C. Kennedy questioned the length of time the easement would be needed. Diane Tradd (Interim DPD Director) noted that it would only be needed for a short period of time. Vice Chair Leahy returned Chair to M. Elliott at 8:05 PM. 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 x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 3.2. 2014 / 492 - Vote-Authorize City Manager execute Lease Agreement with UML for 125 Parking Spaces (Fr. Morissette Blvd) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Samaras. So voted. Manager outlined vote and parking agreement with UMass-Lowell. C. Belanger noted that it was a good start for that area and questioned how it would be implemented. James Troup (Parking Director) outlined the procedure and commented on added revenue. C. Mercier noted her concerns were being addressed. C. Kennedy questioned the current revenue from that area. Mr. Troup commented on revenue to date. C. Belanger commented on rates. C. Martin questioned other possible tenants for the spots. Mr. Troup noted there is other interest and that they could be accommodated. Manager noted the number of spaces available and the possibility of expanding the program. C. Leahy commented on one kiosk being removed. 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 3.3. 2014 / 493 - Vote-Accept and Expend Grant ($50K) DPD-Dept of Energy Resources, Green Communities Division In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. 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 Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x x 3.4. 2014 / 501 - Vote-Apply/Accept/Expend Grant (Council on Aging) $121,600.00 In Council, read twice and adopted. 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 6 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 x Rourke, Daniel P. x Samaras, William x 3.5. 2014 / 494 - Vote-Accept Gift-Health Dept ($50K/3yrs) from Lowell General Hospital- Substance Abuse Prevention Education In Council, read twice and adopted. 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 3.6. 2014 / 505 - Vote-Accept Gift (Pollard Memorial Library) IPad Mini from HB Communications Inc. In Council, read twice and adopted. 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 13) 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 ORDINANCES FROM THE CITY MANAGER 4. - ORDINANCES FROM THE CITY MANAGER 4.1. 2014 / 496 - Ordinance-Create Energy Manager Position and Salary (DPD) In City Council, Given 1st Reading and referred to Public Hearing on July 22, 2014 at 7PM by Motion of C. Mercier, seconded by C. Milinazzo. So voted. CONSTABLE BONDS 5. - CONSTABLE BONDS 5.1. 2014 / 476 - Communication - City Manager request for approval of Constable Bond of Richard Carter. In City Council, read and approved by Roll Call Vote. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 13) REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) C. Rourke announced that there would be a Public Safety SC meeting on July 22, 2014 at 5:30 PM. PETITIONS 7. - PETITIONS 7.1. 2014 / 475 - Verizon - Request underground conduit at 585 Merrimack Street. In City Council, Given 1st reading, matter referred to Public Hearing on July 22, 2014 at 7 PM by Roll Call Vote. C. Martin and C. Milinazzo abstained from discussion and vote on this matter. 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 7.2. 2014 / 481 - Misc. - Norma Fusco request to address Council regarding condition of crosswalk at corner of Middlesex and Central Streets. In City Council, referred “To Manager for report and recommendation” by Motion of C. Martin, seconded by C. Kennedy. So voted. 7.3. 2014 / 482 - Misc. - Atty. Qua, Hall, Harvey & Walsh for Klas D. & Anita Romberg request easement from City of Lowell owner of Fairview Street to travel to and from their lot to Starr Avenue. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 13) In City Council, referred “To Law Department to prepare proper vote” by Motion of C. Milinazzo, seconded by C. Rourke. So voted. Atty. Hall, representing homeowners, stated reason for petition for easement and the fact that it has been done for others. 7.4. 2014 / 497 - Misc. - Janet C. Paz Request to address City Council regarding house being built on corner of Alma & Rosemont Street. In City Council, referred “To Manager for report and recommendation” by Motion of C. Kennedy, seconded by C. Belanger. So voted. Ms. Paz spoke to the petition and presented Conservation Commission records. C. Belanger noted the need to investigate the matter. C. Leahy noted the use of single family homes in the area for dormitory living. C. Rourke commented on the use of single family homes as apartments. C. Mercier requested that all information gathered by sent to petitioner as well. CITY COUNCIL - MOTIONS 8. - CITY COUNCIL - MOTIONS 8.1. 2014 / 477 - C. Leahy - Req. City Mgr. have proper department determine if Enel is in compliance with all agreements concerning the installation and maintenance of the flash boards at the Pawtucket Falls. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Leahy noted the importance of compliance with all agreements. 8.2. 2014 / 483 - C. Mercier - Req. City Mgr. have the proper department inspect and address the conditions of the cement around the concourse inside LeLacheur Park. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted the obligation to maintain the facility. 8.3. 2014 / 485 - C. Mercier - Req. City Mgr. work with the City Solicitor with support from the Police Chief to create a letter and the proper vote demanding our judges enforce the state gun law; which mandates incarceration for one year to anyone in violation of the state gun law. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. C. Mercier noted the need to enforce the laws and penalties under the law and that the District Attorney should be included in the correspondence. C. Belanger noted the amount of guns on the streets and there is a need for help from the court system and that correspondence should be City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 13) sent to Governor as well. C. Leahy noted the need for our voices to be heard. C. Rourke abstained from discussion and roll call vote on the matter. 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 x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 8.4. 2014 / 487 - C. Belanger - Req. City Mgr. to report on percentage of low income housing to market rate housing in the Downtown. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Belanger noted Lowell does its fair share of assistance and there needs to be balance in the housing. C. Milinazzo requested that any report should include the number of market rate units in the City as well. C. Kennedy commented that any action should be stayed until reports are reviewed. C. Martin noted the need for a mix in housing and that the amount of market housing downtown would surprise some. C. Leahy noted the need for more attractions downtown. 8.5. 2014 / 506 - C. Belanger/C. Mercier - Req. the City Mgr. have the Water Department exclude any liability to owners with estimated water readings longer than 2 years. In Council, seconded not needed, read and referred to City Manager. So voted. Registered speaker, Kim McCrady, addressed Council with her experience regarding water billing. C. Mercier noted there are a lot of individuals in a bad situation. C. Belanger noted that you can’t hold homeowners responsible for City errors. Manager noted that there has been corrective action taken and that the proposed ordinance will be before the Finance SC. C. Leahy noted the need for a legal explanation regarding the matter. C. Martin commented that having years of estimates for billing is odd. Solicitor O’Connor commented the new ordinance will address matters in the future and past. C. Kennedy questioned how many have been affected by the estimated billing. Manager noted that a report will be generated regarding amount of people City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 13) affected by estimated billing. C. Rourke questioned the need to audit water department. Robert Healy (Interim CFO) noted that financial audits are done but not operational audits. C. Milinazzo noted that some bills are coming out in smaller amounts as well. C. Martin noted the report should include use of water versus billing of water use. 8.6. 2014 / 489 - M. Elliott - Req. City Mgr. prepare a report regarding physician and nursing costs relative to workers compensation. M. Elliott relinquished Chair to Vice Chair Leahy at 8:40 PM. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. M. Elliott noted the need to review costs in terms of budget planning. 8.7. 2014 / 480 - M. Elliott - Req. City Mgr. prepare a report regarding workers compensation costs for the last five years. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott noted the need to look on costs savings alternatives. 8.8. 2014 / 478 - M. Elliott - Req. City Mgr have CFO prepare report regarding costs and operations of the solar field at the former landfill. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott requested over all report to include costs and revenues. 8.9. 2014 / 491 - M. Elliott - Req. City Mgr. have the LPD strictly enforce the Curfew Ordinance. In Council, seconded by C. Mercier, read and referred to Public Safety SC. So voted. M. Elliott noted the uptick in violence and that the ordinance is a public safety to protect minors and assist police. M. Elliott noted the court challenges but commented there are still sections that can be enforced. C. Belanger commented on public safety aspect of the ordinance. C. Mercier noted the need for more action by City to send tough message. C. Samaras commented on the curfew perspective as well the process of enforcing it. C. Milinazzo requested Superintendent of Police look at other large communities regarding enforcing curfews. Motion by C. Kennedy, seconded by M. Elliott to ordinance to Public Safety SC to re-evaluate and revise if needed. So voted. M. Elliott noted the need to send a message. C. Belanger commented on parenting and repercussions. C. Mercier noted the need for parental involvement. C. Samaras noted the need to have parent groups involved in the process. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 13) Vice Chair Leahy returned Chair to M. Elliott at 9:00 PM. 8.10. 2014 / 495 - M. Elliott - Req. City Mgr. provide a report on status of missing plaque @ Hunts Falls Bridge in effort to locate its whereabouts. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. Registered speakers, Doug Sears and George Koumanzelis, addressed the Council. Motion to suspend rules to allow additional speaker by C. Mercier, seconded by C. Milinazzo. So voted. Mary Beth Shannahan addressed the Council. M. Elliott requested the departments work with the department of transportation to replace and enhance plaque. CITY COUNCIL - EXECUTIVE SESSION 9. - CITY COUNCIL - EXECUTIVE SESSION 9.1. 2014 / 498 - Executive Session, pursuant to “Exemption 4”, relative to the deployment of security personnel and strategies relating to their deployment as the result of recent criminal activity; as well as “Exemption 3”, to discuss strategy with respect to matters of ongoing litigation, (Cloutier, Deuso and others), 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. 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 13 of 13) ADJOURNMENT 10. - Time for meeting to stand adjourned. Adjourn at 10:15 PM. So voted. (From Executive Session) Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov