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: Sep 09, 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 / 597 - (A). Citation - Recognizing new business, Sathi's Salon. (B). Recognition - Victims of the Branch Street Fire. Roll call showed 9 present. (C. Martin arrived at 6:40 PM) Mayor Elliott Presiding. C. Leahy requested moment of silence in darkened chamber for Eileen (Kennedy) Burgermeister and others from the City who passed since last meeting. Motion to Suspend Rules to take up matter not listed on agenda (citation for Officer Casey) by C. Kennedy, seconded by C. Belanger. So voted. M. Elliott presented citation to Officer Patrick Casey to acknowledge his accomplishments regarding his duties as a police officer. Officer Casey was present with his wife and twin children and thanked the Council. Superintendent Taylor (LPD) noted Officer Casey’s accomplishments. C. Mercier noted Officer Casey’s efforts during the Branch Street fire. C. Rourke noted the risky jobs of Lowell police officers. The citation for Sathi’s Salon was presented by the Mayor recognizing it has a new business. Sathi Tach accepted citation and thanked the Council. M. Elliott recognized the victims of the Branch Street fire and presented check for funds that had been raised on their behalf and thanked the city departments for their service during that time. Karen Frederick (Director CTI) noted the community assistance effort. Bopha Malone (CMMA) spoke of effort to organize and provide services as well as fundraising efforts. Manager Murphy commented on the amount of city services that had been utilized. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 10) CITY CLERK 2. - CITY CLERK 2.1. 2014 / 598 - Minutes of City Council Meeting August 26th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Belanger, seconded by C. Kennedy. So voted. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2014 / 568 - Ordinance - Amend Code with respect to Chapter 290 therof entitled "Zoning" by Extending Urban Mixed Use (UMU) Zoning District to include 177 Adams Street. In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. 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 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 COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 605 - Motion Responses (a) Andover Street (b) Rogers Street (c) Bikes and Skateboards on Sidewalks (d) Woodbine Ave (e) Financial Institution Holdings City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 10) Informational (f) Welcome to Lowell Sign In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Leahy. So voted. C. Mercier noted that NARCAN and EPI-PENS would be available on fire trucks moving forward. C. Leahy recognized the Manager’s walking tour downtown. C. Samaras commented on Motion Response A regarding Andover Street noting the further need to reline the street. C. Mercier commented on Motion Response B regarding Rogers Street noting the placement of safety signs. C. Belanger commented on the need to put a handicap ramp on the crosswalk. C. Samaras commented on Motion Response C regarding bikes and skateboards on sidewalks recognizing the report. Manager Murphy noted the need to make changes to existing ordinances. Motion by C. Samaras, seconded by C. Rourke to refer matter to Law Department to make any needed changes to the ordinance. So voted. C. Kennedy noted the possibility of confiscating the boards or bikes if there are violations. C. Milinazzo commented on Motion Response D regarding Woodbine Avenue noting the report. Motion by C. Milinazzo, seconded by C. Samaras to refer matter to Planning Board. So voted. C. Belanger commented on Motion Response E regarding financial institution holdings noting the effort of local banks in the community. Manager Murphy noted that the interest rate by these local banks is desirable and that the money is part of lending pool to Lowell citizens. C. Leahy noted the benefit of using Lowell banks. C. Mercier commented on Motion Response E regarding welcome to Lowell sign noting its replacement and the work done by the Voke School. C. Leahy commented it is important to replace the sign. Motion to Suspend Rules to discuss matter not on agenda (Big Brother/Sister Program) by C. Mercier, seconded by C. Rourke. So voted. C. Mercier noted the program in which Wal-Mart and the Renaissance Club raise money for the Big Brother/Sister. 4.2. 2014 / 602 - Communication - Recommendation - Planning Board vote to introduce an Amendment to the "Code of Ordinances City of Lowell , Massachusetts" with respect to Chapter 290 thereof entitled "Zoning". (177 Adams Street) In Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 10) 4.3. 2014 / 611 - Communication-Appoint Michael J. Paglia - Zoning Board of Appeals In City Council, 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 4.4. 2014 / 613 - Communication-Appoint Alison Gervais- Pollard Memorial Library Board of Trustees In City Council, approved by Roll Call vote. C. Milinazzo disclosed that he was a board member of the Pollard Foundation and that would not preclude him from voting. Ms. Gervais 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 Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x 4.5. 2014 / 616 - Communication - City Mgr. request approval Out of State Travel (4) LPD and (1) Waste Water. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 10) 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 Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 607 - Vote - Authorize City manager to Apply, Accept, and Expend Funds from MassWorks Infrastructure Program for up to $5,000,000 to build roadways, temporary parking and associated utilities in Hamilton Canal District north of Lower Pawtucket Canal (HCD North) In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Milinazzo. So voted. Manager Murphy noted that the vote will enable a jump starting development on Parcel 17 in the Hamilton Canal District. C. Milinazzo commented on grant and its benefits. C. Belanger agreed with pro-active approach. 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 10) 5.2. 2014 / 608 - Vote - Authorize City manager to Apply/Accept/Expend Grant ($165,000) from Mass in Motion Municipal Wellness and leadership Initiative, an initiative of the Massachusetts department of Public Health In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, seconded by C. Martin. So voted. Manager Murphy outlined the grant. 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 / 610 - Vote-Authorize city Manager to Execute Access Agreement In Council, read twice and adopted. Manager Murphy noted this will assist in the future development of Parcel 17 in the Hamilton Canal District. 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 7 of 10) ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2014 / 604 - Order-60 day trial (Mammoth R. & Woodward Ave) In Council, read twice and adopted. C. Mercier noted the delay in the order and that her questions were answered. 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 REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) In Council, no reports. PETITIONS 8. - PETITIONS 8.1. 2014 / 599 - Misc. - Dottie Joyce request pemission to address Council regarding bus drop-offs and pick-ups at Bridge Street and Mass Mills. In City Council, Motion “refer to Manager for report and recommendation” by C. Mercier, seconded by C. Martin. So voted. Ms. Joyce outlined the problems and noted they were long lasting. 8.2. 2014 / 600 - Misc. - Michael Neagle request City Council abandon paper street located between 77 and 93 Glenmere Street. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 10) In City Council, Motion “refer to Law Department to draft proper vote” by C. Samaras, seconded by C. Leahy. So voted. Mr. Neagle outlined the petition. C. Mercier requested the petitioner by updated during the process. 8.3. 2014 / 614 - National Grid - Request install underground electric conduits at corner of Pawucket and Broadway St. In City Council, Given 1st Reading, Motion “to refer to public hearing on September 23, 2014 at 7 PM” by C. Mercier, seconded by C. Kennedy. So voted. Motion to Suspend Rules by C. Belanger, seconded by C. Kennedy to discuss property claim not on agenda but included in Council package. So voted. C. Mercier discussed the damage claim of a sprinkler and the need to hold the responsible party accountable. Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Milinazzo. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 601 - C. Rourke - Req. City Mgr. implement the Shotspotter gun detection program for the City of Lowell. In Council, seconded by C. Samaras, delayed until further information is obtained. C. Rourke outlined prior discussion regarding program and noted the use of it by other cities and different approaches to funding it. C. Leahy commented it was a good resource for crime prevention. C. Kennedy questioned the effectiveness and noted it should be implemented with a video program as well. C. Belanger noted it was worth exploring and searching for grant funding. C. Martin noted the program was expensive and you will need to weigh that against its effectiveness. C. Martin commented he was not ready to vote for funding at this point but is willing to gather more information. C. Samaras noted the frustration with crime in the City and that next steps should be discussed. C. Mercier noted the need to send message to stop gun violence and that the message should be if there are guns then there is jail. C. Milinazzo commented the need for more information and comprehensive approach to a serious problem. Supt. Taylor (LPD) commented he would gather more information noted the funding that is being sought after. C. Rourke commented on the costs and history of the program. Supt. Taylor noted there would be a demonstration of the product and that there would be a video component to it as well. C. Rourke did not object to delay to gather further information. Motion by C. Milinazzo, seconded by C. Samaras to delay matter until additional information is gathered. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 10) 9.2. 2014 / 615 - C. Leahy - Req. City Mgr. update Council regarding new traffic pattern in downtown Lowell and as it relates to UMass-Lowell. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. C. Leahy requested update to plan and any alterations to plan if needed. C. Rourke requested inclusion of Rourke Bridge traffic issues. Manager Murphy noted meeting with UML and MDOT regarding traffic concerns. C. Belanger commented on the UML influx on traffic and the light sequences at the University. CITY COUNCIL - EXECUTIVE SESSION 10. - CITY COUNCIL - EXECUTIVE SESSION 10.1. 2014 / 603 - Executive Session - Pursuant to "Exemption 4", relative to the deployment of security personnel and strategies to their deployment as the result of recent criminal activity, and other policy-related matters. In City Council, M. Elliott stated the reasons for the Executive Session and that the body would adjourn from the session and not return to an open session. Adopted on Roll Call Vote at 8:10 PM. 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 10 of 10) ADJOURNMENT 11. - Time for meeting to stand adjourned. Meeting was adjourned at 9:25 PM from Executive Session. So voted. Respectively Submitted, ____________________________ Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov