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: Nov 18, 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 / 753 - Citation - Recognizing Monroe Staffing Services as a new business in Lowell. Roll call showed 9 present. Mayor Elliott Presiding. C. Mercier requested Moment of Silence in Darkened Chamber for Paul Burton. Motion to Suspend Rules to allow communication from Merrimack Valley Food Bank by C. Mercier, seconded by C. Milinazzo. So voted. M. Elliott commented on letter which thanked City for support of latest food drive. C. Milinazzo, while under suspension of the rules, requested Manager Murphy have proper department inspect latest paving on Varnum Avenue as there are complaints regarding the job. C. Leahy also commented on the paving going into the Roy Garage. M. Elliott presented citation to representatives of Monroe Staffing Services who were present and thanked the Council. CITY CLERK 2. - CITY CLERK 2.1. 2014 / 750 - Minutes of City Council Meeting November 4th; Economic Development SC November 4th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Rourke, seconded by C. Samaras. So voted. C. Kennedy questioned when vote to accept personal property City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) exemption by the City will be before the Council. Manager Murphy noted it would be on for next meeting. CITY AUDITOR 3. - CITY AUDITOR 3.1. 2014 / 771 - Communication - FY 14 Free Cash Re-Certification. In Council, Motion “To accept and place on file” by C. Belanger, seconded by C. Kennedy. So voted. Auditor York outlined the communication including the effect of the snow and ice deficit on current and future budgets. C. Martin questioned the budgeting plan to handle deficits. Robert Healy (Interim CFO) commented on the approach noting how it will not affect free cash or the tax rate. Motion to Suspend Rules to take Item # 6.1(K) out of order by C. Rourke, seconded by C. Milinazzo. So voted. GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 2014 / 708 - Fuel Storage - Transgas, Inc. request additional 24,000 gallons of diesel above ground storage at 87 Industrial Ave. East. In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Adopted on 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 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 11) 4.2. 2014 / 723 - Order of Taking and Acceptance of relocated Edwards Street and sidewalk in front of 1765 Middlesex St. In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Motion by C. Kennedy, seconded by C. Leahy to refer matter to Clerk’s Office for 7 days. So voted. UTILITY PUBLIC HEARINGS 5. - UTILITY PUBLIC HEARINGS 5.1. 2014 / 711 - National Grid - Request underground electric conduits at corner of Rogers St. and Research Drive. In City Council, Given 2nd Reading. Hearing opened. Petitioner withdrew the petition. 5.2. 2014 / 712 - Comcast Southern NE - Request underground conduit and vault location at Church, Green and George Streets. In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Motion by C. Martin, seconded by C. Mercier to refer matter to Wire Inspector for report and recommendation. So voted. Motion to Suspend Rules to take Item #11.2 out of order by C. Milinazzo, seconded by C. Mercier. So voted. COMMUNICATIONS FROM THE CITY MANAGER 6. - COMMUNICATIONS FROM THE CITY MANAGER 6.1. 2014 / 768 - Motion Responses A. Allow Police to Take Home Vehicles B. Matrix C. Tracking Responses Q2 and Q3 D. Bloomberg Philanthropies Art Challenge E. Funding Sources for Additional Officers F. Number of Police Vehicles G. Police Calls to Group Homes H. Vacancies on GLTHS Board I. Update to Truck Exclusion on East Merrimack St. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) Informational Reports J. Introduction of the new City Treasurer K. Transfer over $20,000 L. Citizen Relationship Management Tools M. Future Legislation RE Discharging a Firearm N. Snow Winter Operations Overview O. Downtown Snow Removal Guidelines In Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Samaras. So voted. C. Mercier commented on Motion Response A regarding police vehicles at officers’ homes noting that it was not recommended by the Superintendent of Police for various reasons. C. Leahy noted he was disappointed with the recommendation. C. Rourke commented on Motion Response B regarding Matrix Report by a Motion, seconded by C. Kennedy to refer matter to Public Safety SC. So voted. C. Rourke commented on Motion Response D regarding Bloomberg Philanthropies Art Challenge by a Motion, seconded by C. Milinazzo to refer matter to Arts and Culture SC. So voted. C. Kennedy commented on Motion Response F regarding number of police vehicles by a Motion, seconded by C. Belanger to refer matter to Public Safety SC. So voted. C. Kennedy noted the report needed some adjustments. C. Milinazzo commented on Motion Response G regarding police calls to group homes noting private companies will increase staff and change policies to lessen the number of calls. Manager Murphy noted the meetings with all interested parties and commented that progress will be made in this area. C. Samaras noted it was important to change policies as there is evidence that current policies are not working. C. Samaras questioned if increase in clerical help at police department would assist with these types of situations. Supt. Taylor (LPD) noted staffing priorities with officers and that civilian workers were reduced over the years and that they are adding them back incrementally. Manager Murphy noted that the Matrix Report addresses the use of civilian employees and that there will be a discussion of same at future Public Safety SC. C. Leahy commented on Motion Response I regarding truck exclusion on East Merrimack Street noting the problem. Manager Murphy commented they would monitor the location and noted the State will have to implement any exclusion. Manager Murphy introduced new City Treasurer, Cheryl Robertson, who addressed and thanked the Council. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) C. Rourke commented on Motion Response K regarding LPD transfer of $20,000 noting the use of the money. Manager Murphy noted the transfer was for funding of new police substation in Centerville. Supt. Taylor (LPD) noted it was end part of the re-organization of the department and breaking the city into two sectors. C. Mercier questioned the use of GPS on police radios. Supt. Taylor noted the software at this point would not allow it but that the department is working to that goal. C. Milinazzo questioned the rent and term for the new substation. C. Leahy was in agreement with the transfer. C. Kennedy questioned rent and term for the building. Motion to Suspend Rules to allow individual to address this item by C. Martin, seconded by C. Leahy. So voted. Ann Marie Page addressed Council regarding substation. Motion to accept the report as a report of progress by C. Samaras, seconded by C. Rourke. So voted. C. Milinazzo commented on Motion Response M regarding future legislation for discharge of firearms into dwellings by a Motion, seconded by C. Mercier to refer matter to Public Safety SC as well supporting the legislation and inviting the local delegation to attend the subcommittee meeting for their support and input. So voted. Motion to Suspend Rules to Item #12.7 out of order by C. Mercier, seconded by C. Kennedy. So voted. Manager Murphy introduced Ralph Snow (DPD) to make a power point presentation entitled “Winter Operations” regarding Motion Responses N and O, Snow Winter Operations Overview and Downtown Snow Removal Guidelines. Mr. Snow outlined the following areas of the presentation: Pre-Season Prep Plan; School Plan Clearing; Before the Storm Prep; During the Storm Procedures; DPD Procedures; City Equipment Inventory; Contract Equipment Inventory; After-Storm Procedures; Need for Snow Removal; Downtown Night Operations Plan; Satellite Business District; Complaint Procedure; and Contact Information. Manager Murphy noted the amount of planning involved with the operations as well as how issues are addressed. C. Leahy commented on the use of City decals during procedures as well as reducing the number of times to attend to the schools. 6.2. 2014 / 749 - Communication-Reappoint Diane Waddell-Hunger Homeless Commission In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Belanger. So voted. 6.3. 2014 / 755 - Communication - City Mgr. request approval Out of State Travel (3) LPD; (1) Career Center. In City Council, approved by Roll Call vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) 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 VOTES FROM THE CITY MANAGER 7. - VOTES FROM THE CITY MANAGER 7.1. 2014 / 748 - Vote-Apply/Accept/Expend Grant ($400K) Mass Cultural Council for capital improvements to Auditorium 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 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 7.2. 2014 / 757 - Vote-Incur liability snow and ice removal In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) 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 7.3. 2014 / 758 - Vote-Transfer From Fire Salary and Wage Account and Increase Appropriation to Medical Supplies Account ($15,800.00) In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. C. Rourke noted the transfer was needed to fund the use of NARCA and Epi-Pens by LFD. 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 ORDERS FROM THE CITY MANAGER 8. - ORDERS FROM THE CITY MANAGER 8.1. 2014 / 769 - Order - 60 day trial (various) In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) 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 ORDINANCES FROM THE CITY MANAGER 9. - ORDINANCES FROM THE CITY MANAGER 9.1. 2014 / 765 - Ordinance - Amend Ch. 56 Personnel Ordinance In City Council, Given 1st Reading, Motion to refer matter to Personnel SC for report and recommendation by C. Mercier, seconded by C. Kennedy. So voted. C. Mercier had questions regarding the ordinance and who it applied to as well as how information is getting to workers in City Hall. Manager noted that the ordinance is just bringing employees in line with union personnel. REPORTS (SUB / COMMITTEE, IF ANY) 10. - REPORTS (SUB / COMMITTEE, IF ANY) 10.1. 2014 / 751 - Public Safety SC November 18, 2014. In City Council, C. Rourke outlined the meeting and attendance noting discussion on collaborative efforts on the part of law enforcement agencies including the Sherriff’s Department and District Attorney’s Offices. Motion to accept the report as a report of progress by C. Samaras, seconded by C. Belanger. So voted. 10.2. 2014 / 678 - Wire Insp. - Verizon NE - Request underground conduit at 33 Middle Street. In City Council, Motion to accept and adopt the accompanying report by C. Kennedy, seconded by C. Leahy. So voted. Manager Murphy noted that the work as depicted is all on City right of way. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) PETITIONS 11. - PETITIONS 11.1. 2014 / 752 - Claim - (1) property damage. In City Council, Motion “refer to Law Department for report and recommendation” by C. Martin, seconded by C. Mercier. So voted. 11.2. 2014 / 764 - National Grid - Request vent pole location at corner of Clark Road and Andover Street. In City Council, Given 1st Reading, Motion to deny petition by C. Kennedy, seconded by C. Milinazzo. Petition denied by Roll Call Vote, 9 yeas. So voted. Steve Gendron, registered speaker, commented on his struggles with National Grid concerning this petition. C. Martin noted the amount of time that National Grid has been in that area and that City had little knowledge of what was happening. C. Mercier noted she had heard from homeowner and commented on the Engineer’s Department unfavorable take on the project. C. Samaras noted it was not the City at fault but it is National Grid to blame. C. Belanger noted that the vault and vents are not located in an ideal position. Lisa Demeo, City Engineer, commented that National Grid has not followed protocol and questioned the need for the vent. C. Mercier commented on the fact that National Grid believes they do not have to follow procedure and that cannot be tolerated. C. Samaras noted the need to work with the City. CITY COUNCIL - MOTIONS 12. - CITY COUNCIL - MOTIONS 12.1. 2014 / 754 - C. Martin - Req. City Mgr. have the police department report on the protocols for cruisers responding to calls without sirens and the number of accidents involving cruisers responding to calls when sirens were not activated. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Martin noted the number of claims based on accidents with cruisers and requested the procedures and statistics to gain a clearer picture of the situation. 12.2. 2014 / 756 - C. Rourke - Req. City Mgr. review voting locations across the City and how they performed during the last election season. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Rourke noted that there are improvements to be made. C. Samaras noted concerns for new locations. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) 12.3. 2014 / 759 - C. Milinazzo - Req. City Mgr. to explore the feasibility of moving from the GIC to Municipal Blue Cross Blue Shield offered through the Massachusetts Interlocal Insurance Association. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Milinazzo noted other communities have investigated the possibility and that savings could be realized so it could be worth exploring it. 12.4. 2014 / 760 - C. Leahy - Req. Neighborhoods SC meet to discuss neighborhood concerns including paving and other issues. In Council, seconded by C. Kennedy, read and referred to Neighborhoods SC. So voted. C. Leahy noted the need to listen to neighborhood concerns. 12.5. 2014 / 761 - C. Leahy - Req. City Mgr. have Engineering Department follow-up with Council regarding the recommendations and solutions generated from the City of Lowell Commission on Disability Meeting on November 13, 2014. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. C. Leahy noted the City Engineer had the information and requested a report on progress. 12.6. 2014 / 762 - C. Leahy - Req. City Mgr. contact the Superintendent of Schools in order to invite the LHS Fall championship teams before the City Council for recognition. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy requested teams be present for recognition. M. Elliott commented he would pass on the information. 12.7. 2014 / 766 - C. Samaras - Req. City Council go on record in support of District Attorney Marianne Ryan's proposed legislation which would mandate imprisonment for not less than five years for dischage of a firearm with intent to strike a dwelling house. In Council, seconded by C. Rourke, read and referred to Public Safety SC. So voted. C. Samaras commented that the police need more tools to combat crime. C. Belanger noted there should be stricter judicial involvement in the system. 12.8. 2014 / 770 - C. Mercier - Req. City Council support for a Home Rule Petition to change the rules and regulations to include track chair lifts for deserving qualified veterans to be deemed a necessity and not recreational. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Mercier outlined the regulations and noted it was not fair and that veterans deserve better. C. Mercier requested a roll call vote and that any resolutions should be sent to Congressional representatives. 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 ADJOURNMENT 13. - Time for meeting to stand adjourned. Motion to Adjourn by C. Leahy, seconded by C. Kennedy. So voted. Adjourned at 8:40 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov