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 16, 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 / 818 - Citation - Recognizing Carole Cowan tenure as President of Middlesex Community College. Citation - Recognizing Building Blocks Prep for their assistance with decorations for City Hall Holiday Open House. Presentation - Awards recognizing float winners from the City of Lights Parade. Roll call showed 9 present. Mayor Elliott Presiding. Senator Donoghue presented a Senate and a House Citation to Carol Cowan for her stewardship over Middlesex Community College. M. Elliott presented a gift and Citation to President Cowan as well. President Cowan thanked and appreciated the recognition and noted the great support of all of the College’s partnerships with the City. C. Samaras on behalf of himself and other educators thanked President Cowan and outlined the numerous programs that had been initiated by the College. M. Elliott presented Citation to Kerry Fantasia of Building Blocks Prep in recognition of their assistance with decorating City Hall for the Open-House during the holidays. Ms. Fantasia thanked the Council. M. Elliott presented various awards for float winners of the City of Lights Parade. Mayor’s Award went to Boy/Cub Scout Troop 7 of St. Rita’s Parish; Manager’s Community Organizations Award went to Lowell High School Dance/Choir Club; Most Festive award went to Greater Lowell Technical High School. C. Mercier commented on the outstanding job done by each group. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 10) CITY CLERK 2. - CITY CLERK 2.1. 2014 / 819 - Minutes of City Council Meeting December 9th; Arts and Culture SC December 9th; Transportation SC December 9th; Neighborhoods SC December 11th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Kennedy, seconded by C. Belanger. So voted. 2.2. 2014 / 832 - Vote - Cancel Council Meeting of December 23 and 30, 2014. 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 GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2014 / 789 - Ordinance--Create New Grant Funded Position (Transportation Project Manager) In City Council, Given 2nd Reading. Motion “to waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. Hearing opened. Hearing held. No Remonstrants. Adopted on Roll Call Vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 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 x Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 3.2. 2014 / 794 - Order of Taking and Acceptance Decatur Avenue In City Council, matter withdrawn before hearing was opened. Manager noted the change to include a global solution to traffic in that area. 3.3. 2014 / 830 - Vote - Adopting the Minimum Residential Factor for Fiscal Year 2015. In City Council, Read twice. Motion “to waive full reading” by C. Rourke, seconded by C. Samaras. So voted. Hearing opened. Hearing held. No Remonstrants. Adopted on Roll Call Vote. Manager Murphy noted there was a presentation entitled “Minimum Residential Factor and Tax Rate for Fiscal Year 15” to be made by Conor Baldwin (CFO). Mr. Baldwin commented on the Minimum Residential Factor (“MMF”) and the tax rate for FY15. Mr. Baldwin explained how the MMF is calculated and the effect on the tax rate with both residential and commercial properties. Mr. Baldwin commented on the tax levy; changes in the tax bill; changes in bills related to changes in value; noted tax bills on random properties; and lastly noted that the rate is the second lowest in the area. C. Belanger noted the new growth number and was pleased it was higher than forecasted. Manager Murphy outlined the reason for the increase. C. Kennedy questioned new growth in terms of calculating and predicting the number. Susan LeMay (Assessor) commented on calculations and how added information will change those calculations. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 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 Rourke, Daniel P. x x Samaras, William x x COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2014 / 817 - Motion Responses A. Motion Response - Recycling B. Motion Response - Review signage at corner of Western Avenue and School Street C. Motion Response - Support Mandate Imprisonment Legislation D. Motion Response - Review 495 Jeep Chrysler of Lowell Contract Informational E. Informational - Various Transfers Over 20k In Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. C. Rourke commented on Motion Response A regarding recycling noting fees and programs that are in place and other pricing options available. C. Mercier commented on tracking results of the programs. C. Kennedy commented on tonnage of trash and recycling. Gunter Wellenstein (Director) commented on tracking numbers and tonnage involved in the programs. C. Belanger lauded the recycling program noting one of best around for a gate city and that there is a move for organic waste management as well. C. Leahy noted the need to put proper items in the recycling bins. C. Rourke noted savings in the recycling program. C. Samaras noted the need to inform the public about programs and requested a report from the Manager regarding resources being put toward education. C. Milinazzo questioned recycling coordinator in schools. Mr. Wellenstein noted that they were pursing grant money to fund permanent position. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 10) C. Samaras commented on Motion Response C regarding imprisonment legislation noting that the letter was well drafted. C. Leahy commented on Motion Response D regarding 495 Chrysler contract noting the new contract in place. Manager Murphy noted that motion by C. Leahy resulted in a better contract for the City. VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2014 / 834 - Vote - Order To Transfer $146,673.00 to cover FY14 deficit in the LMA Auditorium Enterprise Fund. In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, seconded by C. Martin. So voted. C. Mercier questioned the remaining amount in the Manager’s Contingency Fund and requested to be informed of current balances. 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 5.2. 2014 / 836 - Vote - Auth. City Mgr. to enter into License Agreement with 495 Chrysler Jeep Dodge, Inc. In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. C. Belanger commented on where the money would go. Manager Murphy noted it must not be earmarked but he recognizes the need for money at the Martin Complex. C. Martin abstained from discussion and vote on this matter. 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 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 5.3. 2014 / 837 - Vote-Auth City Manager Execute MOU between Greater Lowell Technical High School and City re: Installation of Meter Reading Equipment In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. C. Mercier requested an explanation for the vote. Manager Murphy noted it was needed to help with reading meter and billing. Eric Gitschier (Head of Water Utility) commented on the system in place and the means to improve it. 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 Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.4. 2014 / 838 - Vote - Auth. City Mgr. to Execute MOU with Chelmsford Water District re: installation of meter reading equipment. In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 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 x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x Motion to Suspend Rules to take action on Vote – “Authorizing the City Manager on behalf of the City of Lowell to accept a gift of Five Hundred ($500.00) Dollars from Comcast, to be used for costs and expenses associated with the Mayor’s Holiday Reception” by C. Rourke, seconded by C. Milinazzo. So voted. In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. So voted. Motion to Adopt by C. Leahy, seconded by C. Martin. Adopted on Roll Call Vote 9 yeas. So voted. ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2014 / 831 - Order-Dedicate Lowell Water Utility Intake Center in Honor of Thomas Golden Sr. 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 Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 10) ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2014 / 829 - Ordinance - Create (1) Public Safety Research and Planning Director (full time grant funded salary in LPD) to be used by LPD and LFD. In City Council, Given 1st Reading. Motion to refer to Public Hearing on January 6, 2015 at 7 PM by C. Belanger, seconded by C. Kennedy. So voted. 7.2. 2014 / 835 - Ordinance-Amend Chapter 243-23.1 Sidewalk Signs and/or Sandwich Boards In City Council, Given 1st Reading. Motion to refer to Public Hearing on January 6, 2015 at 7 PM by C. Samaras, seconded by C. Rourke. So voted. C. Samaras questioned the need for business owners to insure the signs. M. Murphy noted it was required by the City and that it is a good protection for owners at little cost. REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2014 / 821 - Neighborhoods SC December 11, 2014. In City Council, C. Leahy outlined the meeting and attendance noting discussion on the Transitional Center, neighborhood leaders’ issues and polling locations. Motion to accept the report as a report of progress by C. Kennedy, seconded by C. Belanger. So voted. 8.2. 2014 / 822 - Education Partnerships SC December 16, 2014. In City Council, C. Samaras outlined the meeting and attendance noting discussion on Middlesex Community College and outgoing President Carol Cowan as well as history of projects in the City and grant programs at the College. Motion to accept the report as a report of progress by C. Rourke, seconded by C. Mercier. So voted. Motion to Suspend Rules to discuss parking in the City by C. Milinazzo, seconded by C. Mercier. So voted. Manager Murphy reported that there would be free parking in the garages downtown this weekend for shopping. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 10) PETITIONS 9. - PETITIONS 9.1. 2014 / 820 - Claim - (1) Property Damage. In City Council, Motion “refer to Law Department for report and recommendation” by C. Leahy, seconded by C. Martin. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2014 / 823 - C. Martin - Req. City Mgr. have proper department make presentation to Transportation SC about planned improvements for Lord Overpass. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Martin noted the need for update regarding grants to improve the overpass and that it is important for the Hamilton Canal District development. 10.2. 2014 / 824 - C. Martin - Req. City Mgr. report on efforts undertaken or underway to address the collapsed wall at Prospect/Crosby Streets. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Martin noted the circumstances and what remedies are being sought. C. Leahy noted the commitment on the part of the City. 10.3. 2014 / 825 - C. Rourke - Req. City Mgr. have LPD explore feasibility and possible use of Social Sentinel Software as a social media monitoring tool. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke noted the software used and the ability to track social media. M. Elliott relinquished Chair to Vice-Chair Leahy at 8:05 PM. 10.4. 2014 / 826 - M. Elliott - Req. City Mgr. explore the feasibility of establishing a Veterans Commission. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. Registered speaker John Mitchell voiced his support of the motion. M. Elliott noted reasoning behind the motion and the need for a central voice that would support local department. C. Samaras noted the need to support all veterans and protect their rights. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 10) 10.5. 2014 / 827 - M. Elliott - Req. City Mgr./Mayor appoint Steering Committee of Cambodian activists to work with City officials for development of monument for Cambodian immigrants. In Council, seconded by C. Kennedy, read and referred to City Manager/Mayor. So voted. M. Elliott noted the need for noting the logistics for a centralized effort. C. Mercier commented on planning and development rendition of City Hall plaza with differing monuments as well as the need for private funding of these monuments. C. Mercier commented on the success of the Salvation Army Radiothon. C. Leahy wished all a happy holiday season. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by M. Elliott. So voted. Adjourned at 8:25 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov