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 24, 2015 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS 1.1. 2015 / 160 - 1. Recognition - All DPW workers for their hard work this winter. 2. Informational - Planning committee for the Cambodian New Year celebration to address City Council and personally invite them to attend their New Year celebration. 3. Awards - Winterfest Soup Bowl winners: Nashoba Valley Technical High School; Eggroll Cafe; Stonehedge Inn and Spa; and Circle Health. Roll Call showed 9 present. Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for Ronald Montbleau. M. Elliott recognized the DPW workers in the Chamber and thanked them for their effort during the past winter storms. Manager Murphy noted the effort as well and department head Ralph Snow commented on the team effort involved. Ed Patenaude commented on the work done. M. Elliott noted the upcoming celebration of the Cambodian New Year at the Senior Center and recognized the committee involved with the production. M. Elliott presented following awards to Winterfest Soup Bowl winners: Mike Kitt of Eggroll Café; Kevin McQuire of Nashoba Valley Technical High School; Mike Caronas of Circle Health; and Donna Weldon of Stonehedge Inn and Spa. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) CITY CLERK 2. - CITY CLERK 2.1. 2015 / 151 - Minutes of City Council Meeting March 17th; Parks & Recreation SC March 17th; Joint Ad/Hoc School Building Construction SC March 13th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. UTILITY PUBLIC HEARINGS 3. - UTILITY PUBLIC HEARINGS 3.1. 2015 / 101 - Comcast Southern NE – Request installation of 3" underground conduit at 202 Chelmsford St. In Council, Given 2nd reading. Hearing held. No Remonstrants. Hearing closed. Motion by C. Martin, seconded by C. Mercier to refer matter to Wire Inspector for report and recommendation. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2015 / 167 - Motion Responses (A) Motion Response - Organize Cambodian New Year Festival (B) Motion Response - Report on Zoning Ordinance Relative to Grandfather Provision (C) Motion Response - Cost to Conduct Feasibility Study for Police Station (D) Motion Response - Use of Corporate Sponsorship to Defray Cost of New High School Informational Reports (E) Informational - Fire Department Overtime (F) Informational - Parking Enforcement Hours and Overnight Ban Recommendations (G) Informational - Various Transfers Over $20,000 (H) Informational - Winter Recovery Assistance Program In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) Motion to Suspend rules to re-open items 4.1 (E) and 4.1 (F) for discussion by C. Milinazzo, seconded by C. Leahy. So voted. C. Milinazzo commented on Informational Report E regarding fire department overtime. Motion by C. Milinazzo, seconded by C. Rourke to refer matter to Public Safety SC for discussion. So voted. C. Rourke commented on the overtime account and Manager Murphy made note of the increase in sick leave from past year. Chief Pitta (LFD) commented on the sick leave issue and noted they were injuries off the job and that there was no abuse that he noted. Manager Murphy noted there is a request for added funds for the overtime account which will be analyzed. C. Rourke commented on bringing added officers to the department and how it would affect overtime costs. Manager Murphy commented on addition to the LFD staff. C. Samaras commented on the use of grant money for additional staff and that it would only be for a specific amount of time. Chief Pitta noted it would be for a two year program. C. Leahy noted the tightening of the budget at end of fiscal year. Manager Murphy noted the effect snow and ice costs have had on the budget. C. Kennedy questioned the reasoning for asking for added overtime money in the next budget cycle and if there was any analysis done comparing costs of new hires and overtime costs. C. Rourke commented on company closings in the City. Chief Pitta explained the process. C. Mercier questioned closing on Ferry Road and was informed that the company will not be closed. C. Martin noted the matter will be further discussed in a subcommittee. Motion to accept the report has a report of progress by C. Martin, seconded by C. Rourke. So voted. C. Rourke commented on Informational Report F regarding parking noting the City was moving forward with full implementation of the ordinance. Manager Murphy noted that the citizens would be informed of the matter and that the full enforcement of the ordinance will be in 30 days. Jim Troup (Parking Director) noted the department was prepared to enforce the ordinance. Susan Purdy, registered speaker, noted her support of the report. C. Belanger noted that the overnight ban should be implemented for the benefit of the business owners. C. Belanger noted the need to balance the interests of residents and business owners. C. Leahy commented he was not in favor of an overnight ban but would be open for discussion of the issue. C. Kennedy commented that he noted the overnight ban could be an alternative to the ordinance but that he did not believe both would be used. Motion to rescind the prior motion to accept the communication as to Item 4.1 (F) by C. Milinazzo, seconded C. Samaras. So voted. Motion to refer report to Economic Development SC for discussion of overnight ban by C. Belanger, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) 4.2. 2015 / 163 - Communication-Appoint Richard Snetsky (Planning Board) Associate Member In Council, read and adopted. Manager Murphy noted the appointment and Mr. Snetsky addressed and thanked the Council. 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 4.3. 2015 / 155 - Communication - City Mgr. request approval Out of State Travel (1) LPD. In Council, read and adopted. 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 REPORTS (SUB / COMMITTEE, IF ANY) 5. - REPORTS (SUB / COMMITTEE, IF ANY) 5.1. 2015 / 154 - Arts and Culture SC March 24, 2015. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) In City Council, C. Milinazzo gave report noting the attendance and commenting on the upcoming Spring Fling Festival which is a combination of several existing events in the City. C. Milinazzo noted that there would be added local artists to be involved in the festival. Motion by C. Milinazzo, seconded by C. Leahy to support the event with the addition of local artists and have Arts and Culture SC meet with various individuals and organizations for preparation of a future larger scale art festival in the City. So voted. C. Leahy noted that the City is open to all ideas at any given time. Motion to accept the report as a report of progress by C. Rourke, seconded by C. Samaras. So voted. M. Elliott issued report on prior meeting concerning the establishment of a Cambodian monument and the progress being made by the committee. Kevin Coughlin (DPD) noted the effort and ideas of the committee and involvement of the community. Motion to accept the report as a report of progress by C. Martin, seconded by C. Leahy. So voted. PETITIONS 6. - PETITIONS 6.1. 2015 / 153 - Claims - (5) Property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Belanger, seconded by C. Kennedy. So voted. 6.2. 2015 / 152 - Misc. - Stacy Phillips request (1) handicap parking sign installed at 71 West Third Street. In Council, read and Motion to refer to Traffic Engineer for report and recommendation by C. Mercier, seconded by C. Milinazzo. So voted. 6.3. 2015 / 156 - Misc. - Raul Carpio request reimbursement for towing. In Council, read and Motion to refer to Law Department for report and recommendation by C. Rourke, seconded by C. Samaras. So voted. 6.4. 2015 / 157 - Misc. - Greater Lowell Chamber of Commerce request approval to install overhanging sign at 131 Merrimack Street. In Council, read and Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) CITY COUNCIL - MOTIONS 7. - CITY COUNCIL - MOTIONS 7.1. 2015 / 158 - C. Samaras - Req. City Mgr. work with DPD to ensure that the new design of the Lord Overpass and Dutton/Thorndike Streets are pedestrian friendly. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted the need for a walkable City. C. Belanger supported the motion. 7.2. 2015 / 166 - C. Samaras - Req. City Mgr. have City Solicitor research the steps needed to be taken to open up Western Avenue to pedestrian traffic at the railroad bridge. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Samaras noted the need to promote the Western Ave. Studios and the area needs to be more walkable. C. Mercier noted the difficulty in working with the railroad company. C. Leahy questioned if it were an active rail. 7.3. 2015 / 165 - C. Belanger - On behalf of Mayor's Downtown Economic Development Task Force request City Mgr. organize a spring cleaning event for the downtown. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Belanger noted the need to get City ready for the Spring. 7.4. 2015 / 159 - M. Elliott - Req. City Mgr./Neighborhood Services with UMASS-Lowell and community groups organize citywide cleanup day in concert with Lowell Earth Day. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. Motion to suspend rules to allow speaker to address Council by C. Mercier, seconded by C. Rourke. So voted. John Wooding (UML) outlined the event and the organizations involved and how it would be a good promotion for Earth Day. M. Elliott relinquished Chair to Vice Chair Leahy at 7:58 PM. 7.5. 2015 / 162 - M. Elliott - Req. City Mgr. invite Mass Highway, DOT Officials to City Council meeting to present $3.5 million federally aided, Transportation Improvement Program (TIP), project to realign and reconstruct VFW and Bridge Street. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott commented on the traffic concerns and the timing of the lights in that intersection and the number of constituent calls on the matter. M. Elliott noted there should be a public meeting with MDOT to inform the citizens that there are plans in place and the project in moving forward. Manager Murphy questioned what type of forum should the information be distributed to the public. C. Mercier noted the need for public hearing. C. Leahy returned Chair to M. Elliott at 8:00 PM. CITY COUNCIL - EXECUTIVE SESSION 8. - CITY COUNCIL - EXECUTIVE SESSION 8.1. 2015 / 164 - Executive Session - Pursuant to “Exemption 4”, relative to the deployment of security personnel and strategies relating to their deployment as the result of recent criminal activity; as well as “Exemption 3”, to discuss strategy with respect to matters of ongoing litigation, (GLRVSD, Grand Manor and possibly others), public discussion of which could have a detrimental effect on the City’s position. In City Council, M. Elliott stated the reason for the Executive Session and informed public that the body would be adjourning from that session. Roll Call taken to enter session. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) ADJOURNMENT 9. - Time for meeting to stand adjourned. Motion to Adjourn by C. Mercier, seconded by C. Rourke. So voted. Meeting adjourned at 9:00 PM. (Executive Session) Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov