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: Oct 07, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2014 / 642 - Minutes of City Council Meeting September 23rd; Public Safety SC September 30th, for acceptance. Roll call showed 9 present. Mayor Elliott Presiding. Motion to Suspend Rules to allow Jeff Wilson of the Disability Commission to address the Council by C. Mercier, seconded by C. Milinazzo. So voted. Mr. Wilson made note that the Council Meetings would now be closed-captioned capable. M. Elliott noted the effort of the Commission and C. Martin also acknowledged the work of LTC in the effort as well. Motion to Recess meeting in order to take up posted Special Meeting regarding Greater Lowell Voke School Committee by C. Samaras, seconded by C. Rourke. So voted. Meeting recessed at 6:40 PM. Roll call after recess at 8:00 PM showed 9 present with Mayor Elliott presiding. In City Council, minutes read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) CITY AUDITOR 2. - CITY AUDITOR 2.1. 2014 / 664 - Communication - City Auditor regarding FY15 Year to Date Budget Report. In Council, Motion “To accept and place on file” by C. Belanger, seconded by C. Kennedy. So voted. C. Mercier questioned the report regarding telephones. Auditor York outlined the line item. Conor Baldwin (CFO) noted they were the phones used in City Hall. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2014 / 633 - Ordinance-Amend Ch. 110 Increase Fines for Bikes, Skateboards and Roller Skates In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Motion by C. Mercier, seconded by C. Milinazzo to amend to include bicycles as items which could be seized. Approved by Roll Call vote 9 yeas. So voted. Manager Murphy noted that seizures of bicycles are more difficult for LPD and exposes City to more liability. Supt. Taylor (LPD) outlined the concerns and noted he would follow will of Council. C. Milinazzo noted support for the amendment. C. Samaras agreed with seizures of the bicycles. C. Leahy questioned the legality of seizing bicycles. City Solicitor O’Connor outlined the legal aspect. Adopted as amended 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 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 3 of 11) UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2014 / 620 - Verizon NE - Request underground conduit at 33 East Merrimack Street. In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Speaking in favor was a representative from Verizon NE (Jeff Gleason). Motion by C. Mercier, seconded by C. Martin to refer matter to Wire Inspector for report and recommendation. So voted. 4.2. 2014 / 621 - National Grid/Verizon NE - Request pole location at corner of Chelmsford St. and Howard St. In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Speaking in favor was a representative from National Grid (Michelle Stacey). C. Leahy questioned if this was for National Grid equipment and noted the body should not be so quick to act as National Grid does not respond quickly to the double pole issue in the City. C. Kennedy noted that it is time to hear from National Grid again concerning double poles in the City. Motion by C. Kennedy, seconded by C. Belanger to refer matter to Wire Inspector for report and recommendation. Adopted 8 yeas, 1 nay (C. Leahy). So voted. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2014 / 665 - Communications from the City Manager - Motion Responses A) Motion Responses Downtown Issues B) Motion Response Traffic Pattern Informational Reports (C) Electric Energy Rates (D) Parking Space Analysis (E) Rourke Bridge In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Samaras. So voted. Manager Murphy made presentation regarding Motion Response (C) regarding electric energy rates. Phil Ferrara (Energy Coordinator for Lowell) commented on the aggregation system in the City and the savings that will be realized by the consumers. Colonial Power representative, Brian Murphy, noted the specifics of the program and how it operates. Manager noted that it City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) would be significantly cheaper than National Grid rates. C. Martin noted the rates will increase just not as significantly as National Grid and that it will be a successful program. C. Belanger commented on National Grid increases over current year and that savings on aggregate are measurable. Manager Murphy made presentation regarding Motion Response (E) regarding Rourke Bridge. Lisa Demeo (City Engineer) noted the project was state run and introduced Bill Bernard of MDOT who will oversee the project. Mr. Bernard noted it would be a four week project and outlined the specifics. C. Milinazzo questioned the start time of the project with school openings. C. Belanger questioned the lane opening assignments. M. Elliot commented on traffic review. Supt. Taylor (LPD) noted deployment changes by the department. Dept. Chief McCabe (LFD) noted firehouse assignments and the adjustments made. C. Rourke questioned police presence for the traffic and the overall condition of the bridge. Mr. Bernard noted the condition of the bridge and the need for maintenance. C. Kennedy questioned the condition of the bridge and Mr. Bernard further outlined the condition of the pillars in the water. C. Leahy questioned daily construction schedule. C. Samaras noted the temporary status of the bridge. C. Kennedy commented on weather delays with the schedule. 5.2. 2014 / 656 - Communication-Reappoint Richard Lockhart to Planning Board 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 5.3. 2014 / 657 - Communication-Reappoint F. Christopher Zacharer to Conservation Commission In Council, 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 5 of 11) 5.4. 2014 / 658 - Communication-Appoint Quinn Lawrence-Green Building Commission In Council, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. 5.5. 2014 / 669 - 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 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 VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 659 - Vote-Transfer $65,000 to Cemetery for General Improvements In Council, read twice and adopted. C. Kennedy questioned the transfer. Mr. Baldwin outlined the transfer. C. Leahy noted the need to cut down on overtime and that he would be filing a motion regarding that. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x 6.2. 2014 / 660 - Vote-Accept Gift from Trinity EMS Inc. (Defibrillator) In Council, read twice and adopted. C. Kennedy requested a letter of thanks be sent to company. C. Mercier noted the gift and where it would be placed. 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 6.3. 2014 / 666 - Vote-Auth C/M accept retaining wall and release easement at 135 Beacon Street 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 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 11) REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2014 / 651 - Public Safety SC September 30, 2014. In City Council, C. Rourke outlined the meeting and attendance noting discussion on Matrix Study and LFD staffing. Motion to accept the report as a report of progress by C. Mercier, seconded by C. Martin. So voted. 7.2. 2014 / 668 - Education Partnerships SC October 7, 2014. In City Council, C. Samaras outlined the meeting and attendance noting discussion on UMass- Lowell programs, goals and expansion. Motion to accept the report as a report of progress by C. Milinazzo, seconded by C. Leahy. So voted. C. Belanger commented on the work of the Economic Development Task Force regarding a merchant association as well as mural advertising downtown. 7.3. 2014 / 614 - Wire Insp. - National Grid - Request install underground electric conduits at corner of Pawtucket and Broadway St. In City Council, Motion to accept and adopt accompanying wire inspector report by C. Martin, seconded by C. Mercier. So voted. PETITIONS 8. - PETITIONS 8.1. 2014 / 643 - Claims - (2) property damage. In City Council, Motion “refer to Law Department for report and recommendation” by C. Leahy, seconded by C. Milinazzo. So voted. 8.2. 2014 / 644 - Misc. - Luis Nieves request (1) handicap parking sign at 190 High Street. In City Council, Motion “refer to Traffic Engineer, as amended.” by C. Mercier, seconded by C. Rourke. So voted. Motion to amend to 60 day trial by C. Mercier, seconded by C. Milinazzo. So voted. 8.3. 2014 / 662 - Misc. - Srunn Chea request (1) handicap parking sign at 85 Varney Street. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) In City Council, Motion “refer to Traffic Engineer, as amended.” by C. Kennedy, seconded by C. Belanger. So voted. Motion to amend to 60 day trial by C. Mercier, seconded by C. Milinazzo. So voted. 8.4. 2014 / 645 - National Grid - Request replacement of gas main on Appleton Street. In City Council, Given 1st Reading, Motion “to refer to public hearing on October 21, 2014 at 7 PM” by C. Leahy, seconded by C. Martin. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2014 / 646 - C. Mercier - Req. City Mgr. place Barbara Street on the street repaving list. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted patch work needed to be done. 9.2. 2014 / 649 - C. Rourke - Req, City Mgr. explore possibility of creating a grant writing position in the Lowell Fire Department. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Rourke noted information from subcommittee which informed that grant money is available and that an expert grant writer could be helpful. 9.3. 2014 / 650 - C. Rourke/C. Belanger - Req. City Mgr. report to Council regarding parking in the City. In Council, no second needed, read and referred to City Manager. So voted. C. Belanger commented that parking should always be analyzed and compared to other communities to improve matter. C. Rourke noted need to study effect on parking with new two way traffic pattern downtown so that it can be business and consumer friendly. C. Leahy noted time to revisit ordinance. 9.4. 2014 / 670 - C. Belanger/C. Samaras - Req. City Mgr. work with John Power, principal of Farley-White, Inc., to explore possibility of illuminating smokestacks throughout the City. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) In Council, no second needed, read and referred to City Manager. So voted. C. Belanger noted Lowell Plan breakfast and the attraction was spoken of. C. Samaras noted need to make Lowell a destination city and requested Manager speak with Mr. Power. 9.5. 2014 / 654 - C. Belanger - Req. Mayor re-establish Substance Abuse SC. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Belanger noted outreach and the need to address problem. C. Leahy supported the motion and commented on the work that has been done by the school committee. 9.6. 2014 / 671 - C. Belanger - Per request of Downtown Economic Development Task Force, request City Mgr. work with Planning and Development Department to establish a merchant association for downtown businesses. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Belanger noted the benefits to businesses with little or no costs. 9.7. 2014 / 663 - C. Milinazzo - Req. City Mgr. report on the amount of state funding received by the City of Lowell during the Patrick Administration, especially those funds that relate directly to economic development initiatives. In Council, withdrawn. 9.8. 2014 / 672 - C. Leahy - Req. City Mgr. have Inspectional Services Dept. report on how many properties have been closed in the last six months due to illegal activities. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy questioned the quickness and effectiveness in closures to rid neighborhoods of bad people. C. Leahy requested report upon completion be forwarded to Neighborhoods SC. 9.9. 2014 / 673 - C. Leahy - Req. City Mgr. have proper department produce a list of street signage that needs replacement. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy noted curb appeal for short money. C. Leahy requested that upon completion of the report it be forwarded to Neighborhoods SC. 9.10. 2014 / 674 - C. Leahy - Req. City Mgr. report to Council regarding meeting with Comcast concerning rates in the City. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy requested meeting be scheduled to discuss rates. C. Samaras commented that the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) administration should revisit Verizon’s position regarding service in the city. 9.11. 2014 / 652 - M. Elliott/C. Rourke - Req. City Council discuss traffic plan during closure of the Rourke Bridge for resurfacing. In Council, withdrawn. M. Elliott relinquished Chair to Vice-Chair Leahy at 9:40 PM. 9.12. 2014 / 647 - M. Elliott - Req. City Council discuss placing of City logo on street signs. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. M. Elliott noted upgrade and curb appeal that could be done over time. 9.13. 2014 / 648 - M. Elliott - Req. City Mgr. provide report on cost to conduct feasibility study for police station. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott noted older study done and the needs of the current building that may be addressed by grants. C. Belanger requested that the possibility of a lock-up should be explored at the new judicial center. M. Elliott had no objection to adding that to his motion as well as coordinating with UMass-Lowell. C. Martin questioned the use of great amounts of resources to the building as opposed to safety programs. M. Elliott noted it was just a feasibility study and that the building is deficient. 9.14. 2014 / 653 - M. Elliott - Req. Youth Services SC meet with Lowell Community Health Center - TEEN Block regarding activities for city's youth. In Council, seconded by C. Samaras, read and referred to Youth Services SC. So voted. M. Elliott noted program. 9.15. 2014 / 661 - M. Elliott - Req. City Council discuss setting up Blue Ribbon Committee to undertake re-use of Smith Baker Center. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. M. Elliott noted prior report and the need to move on the building. C. Samaras noted it was time to move on building. C. Leahy returned chair to M. Elliott at 9:55 PM. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) CITY COUNCIL - EXECUTIVE SESSION 10. - CITY COUNCIL - EXECUTIVE SESSION 10.1. 2014 / 667 - Executive Session - Regarding pending litigation, public discussion of which could have a detrimental effect on the City's position. In Council, Motion by C. Kennedy, seconded by C. Mercier to delay Executive Session to following week. So voted. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Belanger. So voted. Meeting adjourned at 9:56 PM. Respectfully Submitted, ______________________ Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov