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 23, 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 / 617 - Citation - Recognizing Roger and Kurt Levasseur, owners of Cote's Market, on their grand re-opening. Roll call showed 9 present. Mayor Elliott Presiding. Mayor recognized the upcoming National Day of Remembrance. The citation for Cote’s Market was presented by the Mayor. Roger Levasseur, owner, accepted and thanked the Council along with his wife, Roberta Levasseur. C. Mercier recognized the contributions to the City by Cote’s Market. Motion to Suspend Rules to allow Larry Finn to speak about annual firefighter’s coat drive by C. Mercier, seconded by C. Rourke. So voted. Mr. Finn outlined the program and noted locations to make donations. M. Elliott recognized the program as well. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 618 - Minutes of City Council Meeting September 9th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Kennedy, seconded by C. Belanger. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 10) 2.2. 2014 / 625 - Communication - Resignation of Erik R. Gitschier from Greater Lowell Tech School Committee effective August 29, 2014. In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Martin. So voted. C. Kennedy noted the need to appoint a replacement member. Motion by C. Kennedy, seconded by C. Mercier to set special meeting of Council and School Committee to select replacement Voke School Committee member for October 7, 2014 at 6:30 PM. So voted. M. Elliott noted that there is a regular council meeting at that time and commented that the regular meeting could be adjourned until special meeting is concluded. M. Elliott informed public that all interested people could send letter of interest to the Clerk. UTILITY PUBLIC HEARINGS 3. - UTILITY PUBLIC HEARINGS 3.1. 2014 / 614 - National Grid - Request install underground electric conduits at corner of Pawtucket and Broadway St. In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Speaking in favor was a representative from National Grid (Michelle Stacey). City Solicitor O’Connor commented that easement language still needs to be implemented. Motion by C. Mercier, seconded by C. Leahy to refer matter to Wire Inspector and Law Department for report and recommendation. Adopted on Roll Call vote, 9 yeas. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 638 - Motion Response (a) Personal Property Exemption (b)Methadone Clinic Informational Reports (c) 43 Market Street (d) Delegation Plaque correspondence (e) LowellStat Treasurers Report (f) Transfer In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Rourke. So voted. C. Kennedy commented on Motion Response (a) regarding personal property exemption. Motion by C. Kennedy, seconded by C. Belanger to refer report to Economic Development SC. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 10) So voted. 4.2. 2014 / 639 - Communication - City Mgr. request approval Out of State Travel (1) Parking. 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 x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 627 - Vote - Land Parcel Gift Lowell and Tewksbury In Council, read twice and adopted. Motion to “waive full reading” by C. Samaras, seconded by C. Rourke. 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 4 of 10) 5.2. 2014 / 628 - Vote-Authorize City Mgr Apply, Accept, Expend Funds in amount of $7,000 from Mass Dept of Housing and Community Development( DHCD) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. 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 Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x x 5.3. 2014 / 629 - Vote-Authorize City Manager Execute an Amendment with Global Spectrum LP for Management - Lowell Memorial Auditorium In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Leahy. So voted. Manager Murphy recognized the LMA Board of Trustees as well as Global Spectrum for the effort put forth regarding amendment to the contract. Motion to Suspend Rules to allow representative of Global to address the Council by C. Martin, seconded by C. Mercier. So voted. Keith Vascey, Global representative, remarked on the contract as well as upcoming events at the auditorium. C. Belanger commented on the capital improvements for the future and funding plan for same. Manager Murphy noted the ticket surcharge used for such improvements. C. Kennedy noted the support of the Board of Trustees. VOTING City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 10) 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 5.4. 2014 / 630 - Vote-Accept gift (Fire Dept.) - two lighted extension cords to each fire company in the city - from Servpro of Lowell In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. C. Mercier recognized Servpro as a local company and that a letter of thanks should be sent to them. 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 5.5. 2014 / 631 - Vote- Authorize the City Manager to Execute Access Agreement with the EPA re: O'Donnell Park In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Kennedy. So voted. M. Elliott relinquished Chair to Vice-Chair Leahy at 7:05 PM and abstained from discussion and voting on this item. C. Leahy returned Chair to M. Elliott at 7:10 PM. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 10) 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 x Samaras, William x 5.6. 2014 / 632 - Vote-Authorize City Mgr Grant License Agreement for Winn Development corp to Access 68 Jackson St. In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Milinazzo. So voted. C. Belanger noted the parcel of land that is used for staging and commented on future plans for the parcel. C. Leahy commented on the future use of the site. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 10) 6. - ORDINANCES FROM THE CITY MANAGER 6.1. 2014 / 633 - Ordinance-Amend Ch. 110 Increase Fines for Bikes, Skateboards and Roller Skates In City Council, Given 1st Reading and Motion by C. Milinazzo, seconded by C. Rourke to refer matter to public hearing on October 7, 2014 at 7 PM. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2014 / 554 - Wire Insp. - Comcast of Southern NE - Request underground conduit at 75 Arcand Drive. In City Council, Motion to accept and adopt accompanying wire inspector report by C. Samaras, seconded by C. Rourke. So voted. C. Martin abstained from vote and discussion on this agenda item. C. Rourke called a Public Safety SC for September 30, 2014 at 5:30 PM regarding the Matrix Report of the LPD and the staffing of fire houses in the City. PETITIONS 8. - PETITIONS 8.1. 2014 / 623 - Claim - (1) property damage. In City Council, Motion “refer to Law Department for report and recommendation” by C. Kennedy, seconded by C. Leahy. So voted. 8.2. 2014 / 620 - Verizon NE - Request underground conduit at 33 East Merrimack Street. In City Council, Given 1st Reading, Motion “to refer to public hearing on October 7, 2014 at 7 PM” by C. Belanger, seconded by C. Leahy. So voted. 8.3. 2014 / 621 - National Grid/Verizon NE - Request pole location at corner of Chelmsford St. and Howard St. In City Council, Given 1st Reading, Motion “to refer to public hearing on October 7, 2014 at 7 PM” by C. Mercier, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 10) 8.4. 2014 / 626 - Misc. - Joseph L. and Donna M. Koravos request to abandon paper street - Edgewood St. between 115 and 133 Havilah St. In City Council, Motion “refer to Law Department to draft proper vote” by C. Belanger, seconded by C. Kennedy. So voted. 8.5. 2014 / 634 - Misc. - Arcadis U.S., Inc. request a License Agreement from the Council to expand their environmental investigation onto adjacent City owned property located at 30 Howe St. In City Council, Motion “refer to Law Department for report and recommendation” by C. Martin, seconded by C. Leahy. So voted. 8.6. 2014 / 624 - Misc. - Emily Layte request (1) handicap parking sign at 25 Gershom Avenue. In City Council, Motion “refer to Traffic Engineer, as amended.” by C. Mercier, seconded by C. Milinazzo. So voted. Motion to amend to 60 day trial by C. Mercier, seconded by C. Rourke. So voted. 8.7. 2014 / 619 - Misc. - Artie and Jenny Barbato request to address Council regarding use of High Street and E. Merrimack Street by commercial vehicles. In City Council, Motion “refer to Traffic Engineer and City Manager” by C. Leahy, seconded by C. Mercier. So voted. Ms. Barbato spoke on the petition and provided Council with handout and signed petition. Ms. Barbato displayed a video depiction of the traffic patterns being used. C. Leahy noted the reason for travelling on that path. C. Mercier noted she was impressed by the presentation. 8.8. 2014 / 635 - Misc. - Edward Caulfield request permission to address Council regarding crime in the City. In City Council, Motion “to refer to City Manager.” by C. Mercier, seconded by C. Leahy. So voted. Mr. Caulfield commented on crime in the City and noted several personal experiences surrounding recent crimes. Mr. Caulfield noted different city approaches to crime prevention including the “broken window” concept. Mr. Caulfield stressed the need for subcommittees to meet and address issues; in addition he requested that the substance abuse subcommittee be re-launched. Mr. Caulfield commented on the minimum standard property ordinance and City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 10) noted that it should be strictly enforced. C. Mercier outlined the Council involvement with the issues as well as the need for assistance from public and the court system. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 622 - C. Samaras - Req. City Council allow local business owners in the downtown business district to use sandwich board signs as a means of advertising. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted the need to balance economic development with historic preservation. C. Samaras requested the City Manager work with historic board and business owners to resolve the issue with the use of advertising boards. C. Belanger noted the benefit of sandwich board advertising. C. Samaras commented on upcoming meeting with Manager and business owners. C. Leahy spoke to the historic value with the sandwich boards. Motion to Suspend Rules to allow Historic Board Chairman to address the Council by C. Mercier, seconded by C. Martin. So voted. Richard Lockhart, chair of Historic Board, noted the current drafting of regulations by the board concerning sandwich board advertising. 9.2. 2014 / 637 - C. Kennedy - Req. that the Downtown Redevelopment SC explore the feasibility and benefits of establishing a business improvement district in the Central Business District and request that the City Mgr. instruct the Board of Assessors to provide the subcommittee with a report projecting the expected financial impact that would result from establishing a business improvement district. In Council, seconded by C. Leahy, read and referred to Downtown Redevelopment SC. So voted. C. Kennedy noted the need to review this program which is governed by Massachusetts General Laws and that there should be a cost/benefit analysis to explore the possibility of setting up the program. C. Belanger noted it was worth exploring and that it does entail additional taxes that would directly benefit downtown business. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Leahy, seconded by C. Kennedy. So voted. Meeting adjourned at 8:15 PM. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 10) Respectively Submitted, ____________________________ Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov