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: Dec 02, 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 / 772 - Communication - Recognizing new East Pawtucketville Citizen's Group (formerly East Pawtucket Neighborhood Group and Rosemont Terrace Neighborhood Group). Co-Chairs - Steve Brogan and Paul Belley. Citation - Recognizing Plummer Foster Care as a new business in City. Proclamation - To the Non Profit Alliance of Greater Lowell (NPA) in recognition of International Volunteer Day. Roll call showed 9 present. (6:40 PM) Mayor Elliott Presiding. C. Mercier requested Moment of Silence in Darkened Chamber for John “Jack” O’Brien and Armand Montbleau. C. Samaras recognized Mr. O’Brien as well. Motion “To accept and place on file communication recognizing East Pawtucketville Citizen’s Group” by C. Rourke, seconded by C. Samaras. So voted. M. Elliott presented citation to representatives of Plummer Foster Care who were present and thanked the Council. M. Elliott presented proclamation to Susan Frechette, Director of Non Profit Alliance of Greater Lowell, who was present and thanked the Council. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) CITY CLERK 2. - CITY CLERK 2.1. 2014 / 774 - Minutes of City Council Meeting November 18th; Public Safety SC November 18th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Belanger, seconded by C. Kennedy. So voted. CITY AUDITOR 3. - CITY AUDITOR 3.1. 2014 / 773 - Communication - FY14 Schedule A (DOR approved 11/20/14); FY15 YTD Budget Expenditure Report (General Fund). In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Mercier. So voted. C. Milinazzo noted earning line item in the report. Auditor York stated it was grant funds and interest earned on monies. C. Milinazzo questioned a transfer of certain funds. Auditor York indicated the transfer was associated with bond funds. UNFINISHED BUSINESS 4. - UNFINISHED BUSINESS 4.1. 2014 / 723 - Order of Taking and Acceptance of relocated Edwards Street and sidewalk in front of 1765 Middlesex St. In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Leahy. So voted. Matter had already been to public hearing and filed in Clerk’s Office for seven days. 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) COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2014 / 784 - Motion Responses A. Motion Response - Collaborative Crime Prevention B. Motion Response - Downtown Lighting C. Motion Response - Possibility of Aggregating Natural Gas Price for City and Residents D. Motion Response - Possibility of Using Outside Contract or Service to fill the vacant position of Traffic Engineer E. Motion Response - Protocol response to Breaking and Entering In Council, Motion “To accept and place on file” by M. Elliott, seconded by C. Kennedy. So voted. C. Samaras commented on Motion Response B regarding downtown lighting noting the brightness of the lighting. Manager Murphy noted the need for improvement in that area. C. Samaras noted school lighting should be looked at as well. C. Leahy commented that lighting on private buildings would help. C. Belanger noted the lighting was a safety concern. M. Elliott relinquished Chair to Vice-Chair Leahy at 7:15 PM. M. Elliott commented on Motion Response C regarding aggregating national gas prices noting the need to prepare RFP to investigate the possibility at this point with no costs similar to what was done with electricity. Phil Ferreira (DPD) noted the whole process could take up to one year. C. Leahy returned Chair to M. Elliott at 7:20 PM. C. Mercier commented on Motion Response E regarding protocols for breaking and entering crimes noting the time need to test evidence in the State Crime Lab. Supt. Taylor (LPD) commented on the back-up at the crime lab and outlined the procedures to be followed while conducting investigations, including early contact with the victim. C. Samaras commented on the needed resources to follow the procedures. Supt. Taylor noted the resources may be sufficient to achieve the results. C. Samaras commented on the use of civilians in the department to keep more officers on the streets. C. Belanger noted the goal is more officers on the streets and outreach to neighborhoods with pertinent information. Supt. Taylor commented on communication outreach of the department. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) 5.2. 2014 / 799 - Request CC set public hearing December 16, 2014 for the purpose of voting on the Minimum Residential Factor for FY 2015 In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on December 16, 2014 at 7PM by C. Kennedy, seconded by C. Leahy. So voted. VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2014 / 788 - Vote-Access Agreement DEP-35 Lowell Connector In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Samaras. 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 x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.2. 2014 / 790 - Vote-Approve adoption of Personal Property Tax Exemption to R&D Companies In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Martin. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) 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 6.3. 2014 / 791 - Vote-Apply/Accept/Expend Grant-DPD ($300,000) MassDevelopments Brownfields In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Milinazzo. So voted. C. Belanger noted the property was in the Hamilton Canal District and was pleased with progress. Manager Murphy commented on Parcel 8 and 9 residential development potential. 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 6.4. 2014 / 792 - Vote-Apply/Accept/Expend Grant-FTA Sarbanes Grant ($1,592,292.00) In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Milinazzo. So voted. C. Milinazzo noted the grant was awarded and that the LRTA and the National Parks will be utilizing funds for transportation. C. Belanger commented on the importance of the expansion of the trolley system in the City. Craig Thomas (DPD) reported on City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) latest developments for expansion of the trolley system. Manager Murphy noted upcoming meeting with various entities concerning public transportation. 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 Samaras, William x x 6.5. 2014 / 793 - Vote-Auth CM Ex. Lease with Degmar Development Corp (police substation) In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Milinazzo. So voted. Registered speaker, Ann Marie Page, spoke in favor of vote. M. Elliott relinquished Chair to Vice-Chair Leahy at 7:40 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 x Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.6. 2014 / 795 - Vote-Apply/Accept/Expend Grant-DPD-$350,000 EPA Brownfields Site Specific Assessment Grant City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. So voted. C. Leahy returned Chair to M. Elliott at 7:45 PM. 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 x Samaras, William x 6.7. 2014 / 800 - Vote - Create a Capital Debt Service Stabilization Fund and Transfers from free cash In Council, read twice and adopted. So voted. 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 / 794 - Order of Taking and Acceptance Decatur Avenue In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on December 16, 2014 at 7PM by C. Kennedy, seconded by C. Belanger. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) ORDINANCES FROM THE CITY MANAGER 8. - ORDINANCES FROM THE CITY MANAGER 8.1. 2014 / 789 - Ordinance--Create New Grant Funded Position (Transportation Project Manager) In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on December 16, 2014 at 7PM by C. Leahy, seconded by C. Martin. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 9. - REPORTS (SUB / COMMITTEE, IF ANY) 9.1. 2014 / 776 - Substance Abuse SC December 2, 2014. In City Council, C. Belanger outlined the meeting and attendance noting discussion on efforts to combat drug addiction and the funding necessary to meet that goal. Motion to accept the report as a report of progress by C. Kennedy, seconded by C. Belanger. So voted. M. Elliott relinquished Chair to Vice-Chair Leahy at 7:47 PM. 9.2. 2014 / 783 - Finance SC December 2, 2014. In City Council, M. Elliott outlined the meeting and attendance noting discussion on repeal of Chapter 17 of the Acts of 1992 by sending resolution to the legislature as well as net school spending deficit. M. Elliott noted the reserves were still strong in the City even if Chapter 17 funds are transferred. M. Elliott noted the subcommittee recommended to the full Council to petition the legislature to repeal Chapter 17. C. Mercier commented on meeting and the information that was provided and supported the recommendation as it made the most sense. Robert Healy (Interim CFO) outlined the recommendation to support the vote as the most prudent manner to handle the net school spending deficit and address the bad debt. C. Milinazzo noted support and questioned the Mass. DOR view of excess levy capacity in terms of being a reserve. C. Martin noted the remaining reserves are strong according to latest information and the transfer is for a onetime expense so that it will not have negative effect on a bond rating. C. Kennedy noted taking formal vote for full Council. C. Leahy returned Chair to M. Elliott at 7:545 PM. C. Leahy noted the vote was proper way to deal with net school spending deficit. Motion to accept the report as a report of progress and proceed with the recommendation of the subcommittee to petition legislature to repeal Chapter 17 by C. Kennedy, seconded by C. Belanger. Approved by Roll Call vote, 9 yeas. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) In Council, Vote – “Authorizing the City of Lowell to Petition the Legislature Regarding the 1992 Act entitled: ‘An Act Relative to Financial Conditions in the City of Lowell’”, read twice, Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. Motion to adopt vote by C Rourke, seconded by C. Samaras. Adopted by Roll Call vote, 9 yeas. So voted. C. Leahy noted Neighborhoods SC scheduled for December 11, 2014. C. Milinazzo noted Arts and Culture SC and Transportation SC scheduled for December 9, 2014. C. Samaras noted Education Partnerships SC scheduled for December 16, 2014. 9.3. 2014 / 712 - Wire Insp. - Comcast Southern NE - Request underground conduit and vault location at Church, Green and George Streets. In City Council, Motion to accept and adopt the accompanying report by C. Leahy, seconded by C. Kennedy. So voted. C. Martin abstained from vote and discussion on the matter. PETITIONS 10. - PETITIONS 10.1. 2014 / 786 - Claims - (2) property damage. In City Council, Motion “refer to Law Department for report and recommendation” by C. Rourke, seconded by C. Milinazzo. So voted. 10.2. 2014 / 775 - Misc. - Robert J. Morgan request (1) handicap parking sign at 40 Arlington 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. Belanger. So voted. 10.3. 2014 / 781 - Misc. - UMass-Lowell request traffic changes for Dane and Fletcher Streets. In City Council, Motion “refer to Law Department/Traffic Engineer for report and recommendation” by C. Kennedy, seconded by C. Leahy. So voted. CITY COUNCIL - MOTIONS 11. - CITY COUNCIL – MOTIONS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) 11.1. 2014 / 777 - C. Leahy - Req. City Mgr. have proper department review signage at corner of Western Avenue and School Street and recommend better organization of the signs. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy noted the need to clean up the area. 11.2. 2014 / 778 - C. Leahy - Req. City Mgr. have proper department place signage at Broadway Street Bridge to prevent driving illegally over the bridge. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Leahy noted the request came from neighborhood group. M. Elliott questioned future plans for the bridge. Manager Murphy noted upcoming meeting regarding structure. C. Kennedy commented that if the repair will not be for some time they should put bridge back to normal traffic flow. 11.3. 2014 / 779 - C. Leahy - Req. City Mgr. have proper department explore changing detour sign on Perry Street up to Middlesex Street. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy noted the request came from neighborhood group. 11.4. 2014 / 782 - C. Leahy - Req. City Mgr. have proper department review contract with 495 Jeep/Chrysler of Lowell and ensure that they are in compliance with that contract. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy commented on the existing contract and the terms. 11.5. 2014 / 796 - C. Rourke - Req. City Mgr. explore possibility of hiring more Inspectional Service staff with an emphasis on working with police and fire departments. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Rourke noted it was for public safety concern and more concentration on problem properties. C. Samaras noted it would assist with safety issues. 11.6. 2014 / 797 - C. Rourke - Req. City Mgr. allow residents/homeowners to dispose of excess trash free of charge the week after the Christmas Holiday. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Rourke noted recycling should be added and it would be a break for residents. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) 11.7. 2014 / 798 - C. Rourke - Req. City Mgr. explore possibility of having weekly recycling pick-ups. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Rourke noted the program was going well and looking to enhance it. C. Mercier noted efforts of program were great but there should be no added costs to customers. C. Belanger noted high rate of recycling in the City and that it may add costs if there are more pick-ups. C. Rourke not interested in adding costs to customers. C. Leahy commented more recycling is a good thing. C. Kennedy noted the more we can recycle the better the result. C. Martin noted he would welcome a report on the motion to figure out what the break point would be. M. Elliott recognized the effort to decorate City Hall and informed public of open house. C. Mercier informed public of upcoming Salvation Army Radio Telethon. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Rourke, seconded by C. Samaras. So voted. Adjourned at 8:27 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov