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City Council

Regular Meeting

Lowell, MA · January 6, 2015

AgendaMinutes

Minutes

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: Jan 06, 2015 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2015 / 1 - Minutes of City Council Meeting December 16th; Education Partnerships SC December 16th, for acceptance. Roll call showed 9 present. Mayor Elliott Presiding. M. Elliott recognized UMass-Lowell students who were observing the meeting for course participation. In City Council, minutes read, Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 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 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Adopted on Roll Call Vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov (Page 2 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 2.2. 2014 / 835 - Ordinance-Amend Chapter 243-23.1 Sidewalk Signs and/or Sandwich Boards In City Council, Given 2nd Reading. Hearing opened. Hearing held. No Remonstrants. Adopted on Roll Call Vote. C. Martin questioned the Historic Board involvement. C. Leahy commented that the ordinance provide safe passage for pedestrians with disabilities. Manager Murphy noted the safety elements and the enforcement elements of the ordinance. C. Samaras noted it will be helpful to businesses. C. Belanger noted the coordinated effort of groups to achieve the goal. Steve Stowell (Historic Board) outlined the ordinance. 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 COMMUNICATIONS FROM THE CITY MANAGER 3. - COMMUNICATIONS FROM THE CITY MANAGER 3.1. 2015 / 11 - Motion Responses City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov (Page 3 of 10) (A) Motion Response - Baystate Marathon (B) Motion Response - Broadway Street Bridge Signage (C) Motion Response - Detour Signage Pevey Street (D) Motion Response - Police Vehicle Inventory (E) Motion Response - Switching from GIC to BCBS (F) Motion Response - Use of Emergency Lights Sirens (G) Motion Response - Collapsed Wall at Prospect-Crosby Streets (H) Motion Response - Possibility of hiring more Inspectional Service Staff (I) Motion Response -HR Petition re Track Chair Lifts for Vets Informational (J) Informational - Update - Status of Smith Baker Center Property In Council, Motion “To accept and place on file” by C. Samaras, seconded by C. Belanger. So voted. C. Mercier commented on Motion Response (A) regarding Baystate Marathon noting the efforts of different groups to improve and enhance the event. C. Leahy commented on Motion Response (C) regarding detour sign on Pevey Street noting the feedback of the neighborhood concerning safety which would require further investigation. Manager Murphy noted the detour was for people not familiar with the neighborhood and that he would take a further look at the situation. C. Kennedy commented on Motion Response (D) regarding police vehicle inventory noting the update with the report and that he may have further questions upon further review of the report. Supt. Taylor (LPD) noted the change in the number of cars on the report and commented on his policy of disposing of vehicles in police possession. C. Leahy noted the report was informative. C. Milinazzo commented on Motion Response (E) regarding switching from GIC to BCBS. Motion by C. Milinazzo, seconded by C. Mercier to refer report to Finance SC. So voted. C. Rourke commented on Motion Response (H) regarding Inspectional Service Staff noting importance of the coordinated effort by different departments. Eric Slagle (Insp. Services) outlined the program for rapid response to problem properties. Supt. Taylor commented on neighborhood involvement in the process. C. Milinazzo questioned the status of the Receivership Program. Mr. Slagle outlined current RFP and the procedure for moving forward. C. Belanger commented on Informational Response (J) regarding status of Smith Baker Center noting the need to get it redeveloped and be part of downtown. C. Leahy commented on parking plan for redevelopment. Manager Murphy noted RFP for parking included and commented on amount of available spaces. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov (Page 4 of 10) 3.2. 2015 / 13 - Communication - Accept Resignation Patrick F. Sheridan (Board of Parks) In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Kennedy. So voted. M. Elliott noted that a letter of thanks was sent to Mr. Sheridan. 3.3. 2015 / 5 - 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 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 VOTES FROM THE CITY MANAGER 4. - VOTES FROM THE CITY MANAGER 4.1. 2015 / 12 - Vote-Apply/Accept/Expend-Grant (MIS) In Council, read twice and adopted. Manager Murphy outlined MIS Department involvement with the State. 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 5 of 10) 4.2. 2015 / 14 - Vote-Accept Gift ($2,000) from Digital Federal Credit Union for the Lowell Student Police Academy 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 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 4.3. 2015 / 15 - Vote-Auth CM Ex. Agreement with Hazen and Sawyer PC re: stormwater/wastewater transport and treatment facility improvements for a 5 yr period In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. C. Milinazzo questioned cost associated with the vote. Mark Young (Wastewater) commented on the costs and was at level with prior contracts. C. Mercier questioned contractor. Mr. Young noted it was a first time contractor with the City. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov (Page 6 of 10) 4.4. 2015 / 17 - Vote-License Agreement (Parking Early Garage) Merrimack Valley Radio LLC (WCAP) In Council, Manager Murphy requested the Vote be withdrawn and forward to January 20, 2015 City Council meeting. 4.5. 2015 / 18 - Vote-Auth Mayor Ex. Disclosure Statement c. 268A, s. 19 In Council, read twice and adopted. 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 ORDERS FROM THE CITY MANAGER 5. - ORDERS FROM THE CITY MANAGER 5.1. 2015 / 16 - Order-60 day trial (Dane Street) In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov (Page 7 of 10) Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x CONSTABLE BONDS 6. - CONSTABLE BONDS 6.1. 2015 / 6 - Communication - City Manager request for approval of Constable Bond of Patrick M. Dunn. In Council, read and adopted. C. Mercier requested point of information privilege regarding tax increase. Motion to Suspend Rules by C. Mercier, seconded by C. Belanger for point of information privilege. So voted. Motion by C. Mercier, seconded by C. Milinazzo to allow for point of information privilege. So voted. Manager Murphy noted the tax increase commenting on the raising of the tax levy and the increase in home values as reasons for increase. C. Mercier commented on the increase in home values. C. Belanger commented that it was a tax increase but there are some positive indicators of the increase which are increased home values. 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 REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) In City Council, C. Rourke noted that a Public Safety SC will be held on January 20, 2015 at 5:00 PM which will include discussion of Matrix Study. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov (Page 8 of 10) C. Martin noted that Technology & Utilities SC will be held on January 13, 2015 at 5:30 PM which will include a discussion of Comcast contract. PETITIONS 8. - PETITIONS 8.1. 2015 / 7 - Claim - (1) Property; (1) Personal Injury. In City Council, Motion “refer to Law Department for report and recommendation” by C. Martin, seconded by C. Mercier. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2015 / 2 - C. Kennedy - Req. City Council re-appoint Michael Q. Geary to a three year term as City Clerk for the City of Lowell. In Council, seconded by C. Rourke, read, discussed and adopted by City Council by roll call vote. So voted. C. Milinazzo noted that a discussion of salary should take place as well as the appointment. Motion by C. Milinazzo, seconded by C. Mercier to refer to Auditor & Clerk Oversight SC for salary adjustment. So voted. C. Martin noted that the vote approved the re- appointment and referred salary discussion to subcommittee. 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 Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 9.2. 2015 / 9 - C. Mercier - Req. City Mgr. indicate our concern to State that we would like them to install bumper strips across the road at the end of the Lowell Connector that starts at the 35 mile an hour sign and intermittingly goes to the end to alert drivers to be aware of an impending end of the road. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov (Page 9 of 10) In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted the constant issue and problem that needs to be addressed. C. Mercier described the bumper strips that should be used at the site and that they should not be elevated on the road. C. Rourke commented on strips and the ability to warn drivers. C. Kennedy noted that the strips are being used in other parts of the State. 9.3. 2015 / 10 - C. Mercier - Req. City Mgr. instruct the State to install a guard rail with reflectors in front of the property that is constantly being hit on Gorham Street. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Mercier noted the location for the rail and that it should be placed at the correct site. M. Elliott relinquished Chair to Vice-Chair Leahy at 7:35 PM. 9.4. 2015 / 3 - M. Elliott - Req. City Council discuss feasibility of City/COOL coordinating art festival in downtown Lowell and refer issue to Arts and Culture SC. In Council, seconded by C. Kennedy, read and referred to Arts and Culture SC. So voted. M. Elliott commented on the idea of an art festival for local artist to gather outside of their studios and be in one place for the public. C. Samaras noted it was important for the art community and would be an economic booster. C. Milinazzo noted the subcommittee would be involved and commented on a recent article regarding Lowell’s cultural community. C. Martin noted that the article was in the travel section of the paper and commented that was significant. 9.5. 2015 / 4 - M. Elliott - Req. City Mgr. provide update on construction schedule of new courthouse and contact DCAM on re-use of Superior Courthouse. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. M. Elliott requested update of process including use of old courthouse and that the City should be proactive in the situation. C. Belanger requested a report of the infrastructure regarding the development. M. Elliott had no objection to the request. 9.6. 2015 / 8 - M. Elliott - Req. Substance Abuse SC meet to address the heroin overdose problem in the City. In Council, seconded by C. Mercier, read and referred to City Manager and Substance Abuse SC. So voted. M. Elliott noted heroin use on the rise and that the problem needs to be attacked. M. Elliott noted use of NARCAN has a positive but more needs to be addressed. C. Rourke requested report from Manager regarding current steps in curtailing the negative effects of heroin use. M. Elliott had no objection to the request noting the more information the better. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov (Page 10 of 10) C. Belanger noted the importance of the subcommittee involvement and that it must be proactive in the community. C. Leahy returned Chair to M. Elliott at 7:30 PM. C. Milinazzo commented on upcoming trip by M. Elliott and C. Mercier wishing them good luck and safety. C. Rourke commented on trip as well. C. Leahy noted the importance of the trip. C. Belanger noted they would be great ambassadors for the City. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Samaras, seconded by C. Rourke. So voted. Adjourned at 7:52 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov

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