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 22, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2014 / 507 - Minutes of City Council Meeting July 8th, for acceptance. Roll call showed 9 present. (6:37 PM) Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for the following victims of the Branch Street fire: Ellen Vuong; Tom Sak; Anthony Sak; Ryan Sak; Sayuri Sak; Tina Christakos; and Robert Down. In addition C. Mercier noted the police and fire departments as well as all other volunteers who assisted during the tragedy. M. Elliott commented on the Branch Street fire noting the outstanding work of the fire and police departments. M. Elliot recognized the following organizations for their dedicated work during and after the tragedy: Red Cross; City Manager; Inspectional Services; Senior Center; Assessor’s Office; CTI; Lowell Housing Authority; CMMA; LRTA; Market Basket; McDonalds; Temple; Fay/McCabe Funeral Home; and WISH Project. M. Elliott read and presented a citation to the Lowell Police Department which was accepted by Superintendent Taylor. M. Elliott read and presented a citation to the Lowell Fire Department which was accepted by Chief Pitta. C. Mercier noted the work of the M. Elliott during this time and community leaders addressed the Council and thanked them for all of the support. In City Council, minutes read, 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 2 of 11) GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 2014 / 496 - Ordinance-Create Energy Manager Position and Salary (DPD) In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. Motion “to waive full reading “by C. Leahy, seconded by C. Martin. 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 Rourke, Daniel P. x x Samaras, William x UTILITY PUBLIC HEARINGS 3. - UTILITY PUBLIC HEARINGS 3.1. 2014 / 444 - Comcast of Southern, N.E. - Request for new handhole and cable at 5 Merrimack Street In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Motion to waive full reading by C. Mercier, seconded by C. Milinazzo. So voted. Speaking in favor was a representative from Comcast. Motion by C. Rourke, seconded by C. Samaras to refer matter to Wire Inspector for report and recommendation. So voted. 3.2. 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 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Speaking in favor was a representative from Lowell Central Electric. Motion by C. Belanger, seconded by C. Kennedy to refer matter to Wire Inspector for report and recommendation. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 11) 3.3. 2014 / 475 - Verizon - Request underground conduit at 585 Merrimack Street. In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Speaking in favor was a representative from Verizon. Motion by C. Leahy, seconded by C. Mercier to refer matter to Wire Inspector for report and recommendation. So voted. C. Martin and C. Milinazzo abstained from discussion and vote on this matter. C. Rourke informed the Verizon representative of repair needed on Pollard Street. C. Mercier made note of needed repairs on Freda Lane and was informed by Asst. City Manager Marchand that the problem was remedied. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 527 - Communication Summary Motion Responses (A) Motion Response - Have Planning and Development Department work with Jeanne D'Arc Credit Union to develop their old bank site on Merrimack Street (B) Motion Response - Inspect and Address the conditions of the cement around the Concourse inside LeLacheur Park (C) Motion Response - Andover St and Douglas Rd Crossing (D) Motion Response - Water Department Audits (E) Motion Response - Provide update regarding RFP process for School Administration Offices (F) Motion Response - Plan to Deal With Bridges Over Canals (G) Motion Response - Flash Boards at the Pawtucket Falls (H) Motion Response - Partnership between City Inspection-Developmental Service Departments and the LPD (I) Motion Response - Introduce Pickle Ball into Summer Recreation Program Petition Responses (J) Petition Response - Information and Timeline regarding Property at 96 Alma Street (K) Petition Response - Crosswalk at the Corner of Central and Merrimack Streets Informational Reports (L) Informational - Downtown Two-Way Traffic Summary Plan (M) Informational - Services by regional mosquito control district (N) Informational - LowellSTAT Report – SWR Motion “To accept and place on file” by C. Mercier, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) C. Mercier commented on Motion Response B regarding conditions at LeLacheur Park noting time line for maintenance. Supt. Taylor (LPD) commented on resolution of complaints. C. Leahy commented on Motion Response C regarding Andover Street crossing noting need to take further steps to make it safer. C. Samaras noted the need to reduce the speed limit. C. Belanger noted that the street is busy and needs to be safer. C. Mercier commented on Motion Response D regarding Water Department audits noting need for an operational audit. Manager Murphy commented such an audit would be done by an independent firm by way of RFP process if needed. C. Belanger commented on Motion Response E regarding RFP for school administration offices noting the placement of the family service center on the bottom retail floor. M. Elliott noted that the location was part of the RFP language. Michael Vaughn (Purchasing Director) commented on the RFP language. C. Kennedy noted it was important to have downtown location to increase the number of people there and that there is additional space on the bottom floor of the building for retail. C. Martin commented on the location. C. Belanger noted the best use of street level storefront is commercial retail. C. Milinazzo noted that there is no obstruction on future use and that lease is at a fair market rate. Mr. Vaughn noted that two buildings in that location will be occupied. C. Leahy commented on Motion Response F regarding bridges over the canals noting the report. Manager Murphy requested that the discussion be held at the next meeting upon the return of the City Engineer. C. Rourke commented on Motion Response H regarding Inspectional Service Department noting the report. Eric Slagle (Inspectional Services) outlined the report noting the cooperation of all departments in the matter. C. Mercier commented on Motion Response J regarding Alma Street. Motion to suspend rules to allow speakers on the matter by C. Mercier, seconded by C. Rourke. So voted. Sharon Janda, Janet Paz and Amy Perry, abutters, addressed the Council regarding the new construction and supplied pictures of the area as well. C. Mercier commented that various departments have been involved and there appears to be a valid permit. Mr. Slagle noted the permit and that they must build according to submitted plan. C. Kennedy commented on the Order of Conditions on the property and how it is monitored. C. Belanger commented on lot size and variances regarding the height of the structure. C. Leahy commented on grading done on the premises. C. Milinazzo commented on the flow through foundation. C. Leahy commented on the signage on the property. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) 4.2. 2014 / 528 - Communication - City Manager regarding comparison of Snow Plow and Snow Removal Rates for FY 2014. Motion “To accept and place on file” by C. Milinazzo, seconded by C. Rourke. So voted. C. Leahy requested information regarding use of bobcats and the costs. Ralph Snow (DPW Director) outlined use and costs. Motion to suspend rules to take item #9.6 out of order by C. Mercier, seconded by C. Belanger. So voted. Motion to suspend rules to take item #9.4 out of order by C. Mercier, seconded by C. Rourke. So voted. 4.3. 2014 / 531 - Communication - City Manager regarding Status of Water Board Hearings Motion “To accept and place on file” by C. Milinazzo, seconded by C. Samaras. So voted. 4.4. 2014 / 532 - Communications - City Manager regarding Trash Rebate Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. C. Kennedy questioned the rebate and how it was calculated. Conor Baldwin (CFO) outlined the program. 4.5. 2014 / 526 - Communication - City Mgr. request approval 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 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 6 of 11) 4.6. 2014 / 515 - Communication-Reappointment of Suellen O'Neill-Hunger Homeless Commission Motion “To accept and place on file” by C. Kennedy, seconded by C. Belanger. So voted. 4.7. 2014 / 516 - Communication-Accept Resignation from David Logvin (Green Building Commission) Motion “To accept and place on file” by C. Kennedy, seconded by C. Martin. So voted. VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 533 - Vote-Authorize School Dept proceed under MGL c.30B for the lease of property for School Administration Offices. In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. C. Mercier commented on the process and search for a location and noted that at the end the better approach may have been not to lease as there was a lot of money spent with little return. 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 Rourke, Daniel P. x x Samaras, William x ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2014 / 517 - Order-60 day trial City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) 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 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 6.2. 2014 / 518 - Order of Taking and Acceptance of South Ridge Circle In City Council, Given 1st Reading and referred to Public Hearing on August 12, 2014 at 7PM by Motion of C. Belanger, seconded by C. Leahy. So voted. 6.3. 2014 / 523 - Order of Taking (roadway improvements) Broadway and Pawtucket Streets 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 Rourke, Daniel P. x x Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2014 / 529 - Ordinance-Amend Ch. 272-87 Annual Sewer Use Charge In City Council, Given 1st Reading and referred to Public Hearing on August 12, 2014 at 7PM by Motion of C. Samaras, seconded by C. Rourke. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2014 / 525 - Finance SC July 22, 2014 (Ordinance - Proposed Amendments Ch. 272 "Water and Sewers"). In City Council, M. Elliott issued report regarding subcommittee indicating the proposed action for the ordinance. C. Kennedy noted the request to limit the amount of time that the billing should be limited to. Motion by C. Martin, seconded by C. Kennedy “to refer ordinance to Law Department to draft proper ordinance including a limitation of two years regarding back billing.” So voted. 8.2. 2014 / 514 - Public Safety SC July 22, 2014 (Ordinance - Proposed amendments to Ch. 222 create new s. 222-15 entitled "Synthetic Recreational Drugs"). In City Council, C. Rourke issued the report of the subcommittee meeting outlining the issues discussed. Motion by C. Mercier, seconded by C. Belanger to amend ordinance to include additional entities in Section C of ordinance regarding enforcement. So voted. The ordinance was in City Council, Given 1st Reading and referred to Public Hearing on August 12, 2014 at 7PM by Motion of C. Samaras, seconded by C. Milinazzo. So voted. Motion by C. Leahy, seconded by C. Kennedy to refer curfew matter to Law Department for report and recommendation. So voted. Motion to accept the report as a report of progress by C. Belanger, seconded by C. Kennedy. So voted. PETITIONS 9. - PETITIONS 9.1. 2014 / 510 - Claims - (3) property damage; (1) personal injury. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) In City Council, referred “To Law Department for report and recommendation” by Motion of C. Samaras, seconded by C. Rourke. So voted. 9.2. 2014 / 511 - National Grid - Request underground electric conduits at Central and Warren Streets. In City Council, Given 1st Reading and referred to Public Hearing on August 12, 2014 at 7PM by Motion of C. Milinazzo, seconded by C. Mercier. So voted. 9.3. 2014 / 512 - National Grid/Verizon New England - Request pole location at 279 Pawtucket Street. In City Council, Given 1st Reading and referred to Public Hearing on August 12, 2014 at 7PM by Motion of C. Martin, seconded by C. Leahy. So voted. 9.4. 2014 / 508 - Misc. - Sandra Beltran request to address Council regarding abandonment of portion of Woodbine Ave. In City Council, referred “To Law Department for report and recommendation” by Motion of C. Kennedy, seconded by C. Leahy. So voted. Two registered speakers spoke in opposition to the petition: Louisa Varnum (Woodbine Cemetery) and John Hamblet (Pawtucketville Citizens Council). Mr. Hamblet provided Council with a map outlining the Pawtucketville Greenway & Wildlife Corridor Plan. Motion by C. Martin, seconded by C. Mercier to have Law Department instruct owner of closed nursing home in the area of the City’s property rights in the parking area. So voted. 9.5. 2014 / 522 - Misc. - Sharon Janda request to address the Council regarding home being built on corner of Lafayette and Rosemont Streets. In City Council, matter was discussed under Item #4.1(J). 9.6. 2014 / 537 - Misc. - Ellen Collins request to address Council regarding change of control of Demoulas Supermarkets, Inc. In City Council, referred “To Manager to draft letter of support for employees of Market Basket” by Motion of C. Samaras, seconded by C. Mercier. Adopted on Roll Call vote. Ms. Collins addressed the Council and presented slide show. C. Samaras commented on the need to support employees and their efforts. M. Elliott noted prior letter of support and that City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) another should be sent. City Solicitor O’Connor noted prior letter that was sent. C. Mercier outlined the history of the company and the importance of supporting the employees. 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 Samaras, William x x CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2014 / 519 - C. Mercier - Req. City Mgr. conduct a tour with the City Council of the LRWU plant and note the conditions of the plant and faulty equipment (i.e. magnetic flow meters, chipping paint into water basins, etc.). In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted the need to look at the facility by means of an operational audit as there has been many concerns brought to her attention. 10.2. 2014 / 520 - C. Mercier - Req. City Mgr. provide a copy to Council of the sanitary survey conducted on the LRWU two years ago. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Mercier noted this was a State survey regarding water safety and that the facility needs some attention. 10.3. 2014 / 535 - C. Kennedy - Req. City Mgr. instruct proper department prepare an RFP for a back water study at the Pawtucket Dam in order to determine the water level at which the Clay Brook neighborhood would begin to flood. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. C. Kennedy noted the need for an RFP as UML could not do the study and that the neighborhood should City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) have some input regarding the drafting of the RFP. C. Belanger questioned UML lack of involvement on the matter. Manager Murphy noted that UML stated the study had been done and that further resources to that end would not be used. 10.4. 2014 / 536 - C. Belanager - Req. City Mgr. have proper departments perform a city wide clean-up in preparation for the Lowell Folk Festival. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Belanger noted that there would be a lot of visitors to the City this weekend. C. Kennedy commented that it is an open house for the City. Manager Murphy noted the work that is being done on the City in preparation for the festival. C. Leahy commented on the painted light posts. 10.5. 2014 / 534 - M. Elliott - Req. City Mgr. have CFO and Supt. of Schools produce a report regarding costs incurred to educate newcomer students to the Lowell Public Schools. M. Elliott relinquished Chair to Vice Chair Leahy at 9:30 PM. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. M. Elliott commented on the costs associated on the school system concerning immigration and new comers to the system. M. Elliott commented that the City cannot keep up with these costs. C. Belanger noted the City has always assisted when needed however there is a need for help in getting more resources. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by M. Elliott, seconded by C. Kennedy. So voted. Adjourned at 9:40 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov