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 28, 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 / 710 - Citation - Recognizing Moni's Beauty Center as a new business in Lowell. Roll call showed 9 present. Mayor Elliott Presiding. C. Milinazzo requested moment of silence in darkened chamber for Margaret “Peg” Shannon. C. Leahy requested moment of silence in darkened chamber for William Keefe. M. Elliott presented citation to owners of Moni’s Beauty Center who were present and thanked the Council. Motion to Suspend Rules to take item # 10.2 out of order by C. Belanger, seconded by C. Rourke. So voted. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 709 - Minutes of City Council Meeting October 21st, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) CITY AUDITOR 3. - CITY AUDITOR 3.1. 2014 / 713 - Communication - Initial FY14 Free Cash Certification. In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Mercier. So voted. UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2014 / 678 - Verizon NE - Request underground conduit at 33 Middle Street. In City Council, Given 2nd Reading. Hearing opened. Hearing held. Speaking in favor was a representative from Verizon NE (Joseph Gleason). Mr. Gleason raised the possibility of some property may not be public way. Todd Beauregard, owner of adjacent property, speaking in opposition to the petition, indicated that he owned some of the property that Verizon was looking to utilize for the conduits. Manager Murphy noted that it was not up to Council to determine what a public way is and that further investigation is warranted. C. Martin indicated that the administration will be looking further into the matter before signing off. Motion by C. Martin, seconded by C. Kennedy to refer matter to Wire Inspector and City Manager for report and recommendation. So voted. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2014 / 721 - Communication from the City Manager Motion Response - (a) Barbara Street Paving (b) Repairs to Sewer on Charles Street (c) Illumination of Smokestacks (d) Commercial vehicles using E. Merrimack, High and Fayette Streets (e) Inspectional Services report on properties closed in last 6 mo. Communication - (f) Dept. of Revenue, Bureau of Accounts (g) Update from Verizon and NGRID RE: double poles In Council, 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 3 of 8) C. Leahy commented on Motion Response (a) regarding Barbara Street paving indicating that the paving list should be updated and further noting the paving job being done on Market Street and Varnum Avenue. Motion by C. Mercier, seconded by C. Milinazzo to refer matter to Manager to begin process of accepting Barbara Street. So voted. C. Samaras commented on Motion Response (c) regarding smokestacks indicating the need to inform public of possible plans for the stacks. Manager Murphy noted the plans and the progress being made and looked at next holiday season to implement lighting of the smokestacks. C. Leahy commented on Motion Response (d) regarding use of commercial vehicles on E. Merrimack, High and Fayette Streets indicating progress being made on resolution of matter. Manager Murphy commented on the progress and his interaction with MDOT concerning the whole area. C. Milinazzo questioned the time frame in which there would be resolution. Manager Murphy noted he was trying to be as expeditious as possible. C. Rourke commented on Motion Response (e) regarding problem properties noting the report was informative. Eric Slagle (Inspectional Services) agreed to issue quarterly reports regarding properties. Manager Murphy noted the work between police and inspectional services is effective. C. Leahy commented on prior Neighborhoods SC addressing the issue at an earlier meeting. Manager Murphy introduced Patsy More from National Grid and Stephanie Lee from Verizon to update Council regarding double poles in the City. C. Leahy noted the progress and indicated poles which should be addressed quickly as they have been there for longer periods of time. C. Martin noted some aspects in the report regarding fire alarms and street lights. Ms. More indicated that the City is responsible for lighting and fire alarm removal on the poles. Ms. More indicated that National Grid is doing a total review of all poles in the City and that the list would be updated shortly. C. Belanger requested Verizon look into the future use of a sub-station on Jackson Street. C. Kennedy noted improvement in pole replacement and questioned how low would they be able to get the remaining number of poles. Ms. More indicated they would never be in single digits but the key is to have poles rotating so that they do not remain in that condition for long period of time. Ms. Lee noted the current number of poles is one of the best in the State. C. Leahy questioned which poles would be replaced next according to the list. 5.2. 2014 / 720 - Communication - City Mgr. request approval Out of State Travel (1) LPD. In City Council, approved by Roll Call vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) 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 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 722 - Vote-Auth CM accept deed to relocated Edwards St and the sidewalk in front of 1765 Middlesex Street In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Leahy. 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 6.2. 2014 / 724 - Vote-Auth CM Ex. License Agreement with Arcadis, U.S., Inc. for 30 Howe Street In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. C. Leahy questioned the possible exposure to the City. Manager Murphy City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) noted it was beneficial to the City at no expense. C. Mercier invited Richard Kowalaski who represented the owner of adjacent property. Mr. Kowalaski commented on the project. 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 ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2014 / 723 - Order of Taking and Acceptance of relocated Edwards Street and sidewalk in front of 1765 Middlesex St. In City Council, Given 1st Reading, Motion “to refer to public hearing on November 18, 2014 at 7 PM” by C. Leahy, seconded by C. Martin. So voted. C. Milinazzo questioned why prior vote was taken regarding the same location. Mr. Slagle outlined the procedure for taking property. REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2014 / 719 - Neighborhoods SC October 28, 2014. In City Council, C. Leahy outlined the meeting and attendance noting discussion on problem properties and public safety in the neighborhoods. C. Samaras noted the various neighborhood groups present at the meeting and also commented on the need for follow up with victims of crime in the City. C. Milinazzo requested report regarding the investigation conducted on the Centralville break-in addressed at the subcommittee meeting. C. Belanger noted the need for the report and also questioned if the use of all of the data collected by the police is being used properly. C. Mercier commented that the use of current technology should be used to keep neighborhoods informed of criminal activity. C. Samaras noted the need to share information City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) and follow-up procedures improved. Motion to accept the report as a report of progress by C. Kennedy, seconded by C. Belanger. So voted. C. Rourke noted that there would be a Public Safety SC on November 18, 2014 at 7 PM. PETITIONS 9. - PETITIONS 9.1. 2014 / 726 - Claims - (3) property damage. In City Council, Motion “refer to Law Department for report and recommendation” by C. Mercier, seconded by C. Milinazzo. So voted. 9.2. 2014 / 711 - National Grid - Request underground electric conduits at corner of Rogers St. and Research Drive. In City Council, Given 1st Reading, Motion “to refer to public hearing on November 18, 2014 at 7 PM” by C. Rourke, seconded by C. Samaras. So voted. 9.3. 2014 / 712 - Comcast Southern NE - Request underground conduit and vault location at Church, Green and George Streets. In City Council, Given 1st Reading, Motion “to refer to public hearing on November 18, 2014 at 7 PM” by C. Kennedy, seconded by C. Belanger. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2014 / 715 - C. Mercier - Req. City Council support naming of the odd numbered side of the Elm Street sidewalk from Central to Gorham Streets the "Maria Cunha Walkway". In Council, withdrawn by C. Mercier. So voted. 10.2. 2014 / 716 - C. Mercier - Req. City Mgr. notify the organizers of the Bay State Marathon to re-organize their travel route for next year so that they would not close off all of the bridges at once. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Mercier noted it was not her intention to end the race merely wanted to have a discussion regarding traffic control during the race and that she would amend her motion to reflect that. The following individuals were registered to speak in opposition to motion as originally written: Glen Stewart; Jeffrey Clark; Ruben Sanca; Trina Picardi; Michael Sheehan; James Lee Shelton; Andre Chandonnet; Nancy Callahan-Stronach; Andrew Jacobson; Debbie Belanger; Zona Sharfman; Jim Rhoades; and Jack Flynn. Motion by C. Mercier, seconded by C. Martin to amend the motion to refer to City Manager to discuss and improve any traffic flow issues surrounding the event. So voted. C. Samaras noted that there should be a citation to the organizers as it appears to be a good event for the recreational marketing for the City. C. Belanger recognized the work of the organizers. C. Martin noted the accomplishments of the event and acknowledged the passion for the event and the City as well. C. Kennedy commented that there should be a discussion about opening the event to a larger number of participants. M. Elliott noted the benefits of the event and that the parties can work on any issues that may arise. 10.3. 2014 / 717 - C. Milinazzo - Req. City Mgr. meet with the Police Superintendent to discuss the number of police calls to Group Homes regarding curfew violations. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Milinazzo commented on the number of calls received by the group homes for police service when there are violations of the private curfews imposed. C. Rourke commented on the strain felt by the police department in answering these calls. Manager Murphy noted an upcoming meeting with various parties to review this matter. C. Belanger noted an escalation of the problems and that it is draining to resources and he also outlined the various issues in the neighborhoods. C. Kennedy commented that the private staff at the group homes should be handling their own issues and that would lessen burden on police resources. 10.4. 2014 / 718 - C. Belanger - Req. City Mgr. have West 6th Street Firehouse inspected for possible roof repair. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Belanger noted the present RFP on the matter and that the process for fixing the roof has begun. 10.5. 2014 / 727 - C. Kennedy - Req. School Committee and School Department consider developing a curriculum at Lowell High School that focuses on science, technology, engineering and math (STEM). City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) In Council, seconded by C. Leahy, read and referred to City Manager/Mayor to bring matter to School Committee. So voted. C. Kennedy noted the benefits of the program and that UMass- Lowell and Middlesex Community College follow same program. C. Kennedy noted the program is starting at lower level classes and the Lowell High would benefit from it. C. Kennedy noted economic effect if High School enhances its reputation. C. Kennedy requested the Mayor draft a letter to School Committee outlining the motion. M. Elliott agreed with the motion and that he would begin the process on the school side. C. Leahy requested the Council be kept informed as to the progress. 10.6. 2014 / 728 - C. Rourke - Req. City Mgr. move forward in submitting a grant application for the Bloomberg Philanthropies Public Art Challenge. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke outlined the motion and the grant and the big challenge before the City. Registered speaker, Barbara Gagel, commented on the grant program and questioned the process of applying. Manager Murphy commented on the process and that it has begun. M. Elliott noted that upon receipt of the letter it was forwarded to departments to begin the process. C. Milinazzo noted that the Arts & Culture SC would be involved in process as well. C. Leahy commented on the success of the Halloween activities downtown the past weekend. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Belanger, seconded by C. Kennedy. So voted. Meeting adjourned at 8:45 PM. Respectfully Submitted, ______________________ Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov