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: Mar 17, 2015 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2015 / 136 - Minutes of City Council Meeting March 10th; Personnel SC March 10th, for acceptance. Roll Call showed 9 present. Mayor Elliott Presiding. C. Milinazzo requested moment of silence in darkened chamber for Robert Zaim and Gerard Lavallee (Ret. LFD). C. Leahy requested moment of silence in darkened chamber for Priscilla Midgette. In City Council, minutes read, Motion “To accept and place on file” by C. Kennedy, seconded by C. Belanger. So voted. COMMUNICATIONS FROM THE CITY MANAGER 2. - COMMUNICATIONS FROM THE CITY MANAGER 2.1. 2015 / 149 - Informational Reports (A) Informational - FY16 Budget Update In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Martin. So voted. Manager Murphy commented on Motion Response A regarding FY16 Budget noting it was an early report to identify the challenges and that time may change outlooks. C. Mercier noted the focus on education, public safety and economic development. C. Milinazzo noted the effect City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) of being below the tax levy on appropriation of Chapter 70 money. Manager Murphy noted it will have an affect together with increase values of homes. C. Samaras commented on school funding. Conor Baldwin (CFO) commented on strategy for net school funding in the fiscal year. C. Belanger commented on the effect of snow removal costs on the budget. Mr. Baldwin commented on snow removal costs on school funding. C. Martin commented on any reimbursement money for snow removal effect on funding calculations. Manager Murphy noted there will still be credits available. C. Martin noted the report was a good early indicator of budget prospects. C. Rourke questioned when any FEMA money would be available. Robert Healy (financial consultant) noted the procedure for reimbursement. 2.2. 2015 / 138 - Communication-Approve Out of State Travel for City Manager In Council, read and adopted. Manager Murphy commented on the purpose of the travel was to lobby for funding regarding upkeep and repair of bridges in the City so that an agreement can be reached with Enel Corporation. 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 2.3. 2015 / 142 - Communication - City Mgr. request approval of Out of State Travel (1) DPD. In Council, read and adopted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) 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 VOTES FROM THE CITY MANAGER 3. - VOTES FROM THE CITY MANAGER 3.1. 2015 / 130 - Vote-Apply/Accept/Expend Grant ($250,000) Green Communities 2015 Competitive Grant from DOER 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 x Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 3.2. 2015 / 131 - Vote-Approve exemption Kevin P. Dillon MGL c. 268A, s. 20 In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) 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 3.3. 2015 / 132 - Vote-Approve exemption of Kerri A. Bomil from MGL 268A, s.20 In Council, read twice and adopted. Motion to “waive full reading” by C. Samaras, seconded by C. Belanger. So voted. M. Elliott commented on this and prior vote noting it was needed to allow city employees to coach athletics as well. 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 3.4. 2015 / 135 - Vote-Auth City Manager Execute Land Disposition Agreement-75 Rock Street In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Martin. 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 5 of 9) Martin Jr., William F. x x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 3.5. 2015 / 139 - Vote-Transfer $3,014.45 for the purchase of 2 Hawl Frost Removers used to thaw the ground for burial In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, 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 x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x x 3.6. 2015 / 140 - Vote-Transfer $61,000 to repair and service monuments, avenues, winter graves, fencing, water lines, etc. to prepare for Memorial Day weekend. In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Kennedy. So voted. Manager Murphy commented on the reason for the vote. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) Rourke, Daniel P. x Samaras, William x ORDINANCES FROM THE CITY MANAGER 4. - ORDINANCES FROM THE CITY MANAGER 4.1. 2015 / 133 - Ordinance-Amend Ch. 56 entitled Personnel In Council, Given 1st Reading and Motion to refer to public hearing March 31, 2015 at 7 PM by C. Kennedy, seconded by C. Belanger. So voted. RESOLUTIONS FROM THE CITY MANAGER 5. - RESOLUTIONS FROM THE CITY MANAGER 5.1. 2015 / 134 - Resolution-Support an Act to prohibit gunfire directed at dwelling houses (pending House Docket No. 990) 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 Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) 6.1. 2015 / 143 - Parks & Recreation SC March 17, 2015. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) In City Council, C. Mercier presented the report noting the purpose of the meeting and outlining attendance as well as first commenting on the resources needed to prepare City parks after a tough winter and secondly noted the discussion regarding the renaming of Point Park to Utopian Park in the Hamilton Canal District. C. Mercier noted she would send along the change to the Board of Parks as long as there was Council support. Motion to rename Point Park to Utopian Park and refer to Board of Parks for approval by C. Mercier, seconded by C. Rourke. Adopted per Roll Call vote, 9 yeas. So voted. C. Leahy commented on the sculpture and the price and the effort for it to be made in the United States. . Motion to accept the report as a report of progress by C. Samaras, seconded by C. Rourke. So voted. M. Elliott reported on the Ad/Hoc Joint School Construction SC meeting of March 13, 2015 noting the attendance and the discussion for process for building new high school as well as the tour that was given of the high school. C. Samaras noted the need to see the condition of the high school. C. Belanger noted the need for improvement and that will need to be balanced with the costs. C. Leahy commented on the tour and the need for improvements. . Motion to accept the report as a report of progress by C. Kennedy, seconded by C. Leahy. So voted. PETITIONS 7. - PETITIONS 7.1. 2015 / 141 - Claims - (4) Property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Martin, seconded by C. Mercier. So voted. 7.2. 2015 / 137 - Misc. - Veterans of Foreign Wars Post 662 request City Council abandon portion of Eaton Street. In Council, read and Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Milinazzo. So voted. CITY COUNCIL - MOTIONS 8. - CITY COUNCIL - MOTIONS 8.1. 2015 / 144 - C. Mercier - Req. Traffic Engineer place 60 Day Trial handicap parking sign per Andres Ortiz in front of 43 Whipple Street. In Council, seconded by C. Milinazzo, read and referred to Traffic Engineer. So voted. C. Mercier noted the property is cleared enough for a 60 day trial. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) 8.2. 2015 / 145 - C. Leahy/C. Mercier - Req. City Mgr. provide an update regarding maintenance of infrastructure in the City. In Council, no second needed, read and referred to City Manager. So voted. C. Mercier commented that contractors should stand behind work. C. Leahy noted that oversight of projects is critical to achieving best results and outlined several problem projects. C. Mercier commented that there should be protection for the City. M. Elliott commented on the use of performance bonds to ensure work. City Solicitor O’Connor outlined the use of bonds. 8.3. 2015 / 146 - C. Milinazzo - Req. City Mgr. have Traffic Engineer investigate the elimination of parking heading outbound on the right hand side of Broadway Street at the corner of Broadway Street and Dutton Street. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Milinazzo noted work had begun at the site and requested to be kept informed. Manager Murphy noted the area and the need for attention there. 8.4. 2015 / 147 - C. Rourke/ C. Samaras - Discussion of parking issues in East Pawtucketville neighborhood. In Council, no seconded needed, read and referred to Neighborhoods SC. So voted. C. Samaras commented on the congested area around UMass-Lowell and the placement of a fire lane on University Ave. C. Rourke agreed that the matter should go before subcommittee for discussion with neighbors. 8.5. 2015 / 148 - M. Elliott - Req. City Mgr. request UTEC meet with Youth Services SC to provide annual update. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott commented that there should be a report from UTEC to inform Council of the work they are doing. C. Rourke requested a report regarding the relationship with the police department. C. Mercier, C. Rourke, C. Leahy and M. Elliott commented on the St. Patrick’s dinner. Manager Murphy noted that the proceeds of the dinner were going to drug awareness programs. ADJOURNMENT 9. - Time for meeting to stand adjourned. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) Motion to Adjourn by C. Rourke, seconded by C. Milinazzo. So voted. Meeting adjourned at 7:35 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov