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: Apr 21, 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 / 235 - 1. Communication - Larry Finn (LFD) to discuss coat drive fundraiser - walking toll both on the Richard P. Howe Bridge. 2. Proclamation - To New England Organ Bank commemorating April as "Donate a Life Month". 3. Citation - To Thai Ninh (owner) recognizing Pho VStar as a new business in Lowell. Roll Call showed 9 present. Mayor Elliott Presiding. M. Elliott introduced Larry Finn (LFD) who addressed Council regarding coat drive fundraiser event in concert with UMass-Lowell. M. Elliott presented proclamation to Matthew Boger of the New England Organ Bank who addressed the Council and introduced Kerry Little (recipient) and Barry McCarthy (donor). M. Elliott presented citation to Mr. Ninh recognizing new business and Mr. Ninh thanked Council. CITY CLERK 2. - CITY CLERK 2.1. 2015 / 229 - Minutes of City Council Meeting April 14th; Neighborhoods SC April 14th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS 3.1. 2015 / 176 - Order-Discontinue a portion of Eaton Street In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Rourke. So voted. C. Kennedy noted the concerns of neighboring businesses and their access. Manager Murphy commented of recent meeting with DPD and introduced Craig Thomas (DPD) to discuss matter. Mr. Thomas noted the concerns of the Marlow brothers and commented on the interim plan before the Tanner Street relocation. C. Kennedy questioned the results of the meeting and Mr. Thomas stated he was confident matters could be resolved. Peter Marlow commented that there are good discussions with plans and that they need to continue and he had no objection with moving forward on the vote. C. Martin questioned time-line of the Tanner Street relocation. Mr. Thomas outlined the time-line for the project. C. Mercier commented on the status of the carwash in that area. Mr. Thomas noted there were no plans to take the carwash for the project and that the relocation project has had many hearings open to the public. Motion to suspend rules to discuss out of order item #5.1(G) by M. Elliott, seconded by C. Kennedy. 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 GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 2015 / 208 - Ordinance-Establish Veterans ‘Commission nd In Council, Given 2 reading. Hearing held. No Remonstrants. Hearing closed. Motion to waive full reading by C. Martin, seconded by C. Leahy. So voted. Speaking in favor were John City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) McDonald and Robert Page. M. Elliott relinquished Chair to Vice-Chair Leahy at 7:14 PM. M. Elliott commented on letter from Massachusetts Secretary of Veteran’s Affairs supporting the ordinance and noted the need to bring all groups together in order to take advantage of all resources. C. Leahy returned Chair to M. Elliott at 7:17 PM. Adopted on roll call 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 Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x 4.2. 2015 / 205 - Loan Order and Transfer-Various Capital Improvements ($9,386,005) In Council, Given 2nd reading. Hearing held. No Remonstrants. Hearing closed. Motion to waive full reading by C. Belanger, seconded by C. Kennedy. So voted. Speaking in favor were Armand Hebert and Thomas Bellegarde (Parks). Adopted on roll call 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 Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x COMMUNICATIONS FROM THE CITY MANAGER City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2015 / 243 - Motion Responses: (A) Motion Response - Development of a Life-Science Focused Industrial R&D Park in JAM area (B) Motion Response - Inspect and Repair Damage to Jackson St. Bridge (C) Motion Response - Downtown Spring Cleaning - Dumpsters and Light Bulbs (D) Motion Response - Lowell Week (E) Motion Response - Traffic Issues near Rosemont Neighborhood (F) Motion Response - LFD Workload vs. Overtime (G) Motion Response - Fire Prevention Video Informational Reports: (H) Informational - Project at 339 Mammoth Road (I) Informational - Development Services Final Cost Affidavit (J) Informational - Update - Back Water Study (K) Informational - Additional Police Officers In Council, Motion “To accept and place on file” by C. Martin, seconded by C. Leahy. So voted. C. Kennedy commented on Motion Response A regarding an Industrial R&D Park in the JAM area. Motion by C. Kennedy, seconded by C. Belanger to refer matter to Economic Development SC for review. So voted. C. Kennedy commented on Motion Response B regarding damage on Jackson Street Bridge noting the quick response time. C. Leahy commented on Motion Response C regarding spring cleaning of downtown noting time-line on the lighting. Manager Murphy noted National Grid needs to address power issues. C. Belanger commented on Motion Response D regarding Lowell Week noting the numerous promotional events to help the merchants. Allison Lamey (DPD) outlined the different events in the City. C. Samaras commented on Motion Response E regarding traffic issues in the Rosemont neighborhood noting the need to continue to monitor the speeding. Motion by C. Milinazzo, seconded by C. Samaras to refer the recommendations in the report to the Law Department to draft proper ordinance. So voted. C. Kennedy commented on Motion Response F regarding LFD workload/overtime noting the answers but not seeing reasoning behind overtime increase. Motion to refer matter back to LFD for clarification of the reasons for increase in overtime in the department by C. Kennedy, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) M. Elliott opened up Motion Response G regarding fire prevention video to Susan Winship of Greater Lowell Community Foundation who presented the video. Chief Pitta (LFD) noted the benefit of the video for fire safety. C. Kennedy commented on Informational Report H regarding Mammoth Road project noting public hearings on the matter. Eric Slagle (Insp. Services) commented on the public process and continued hearings. C. Kennedy outlined outstanding issues on the project. Manager Murphy commented on issues and noted Board of Appeals are independent but there have been a lot of negative comments on the project during the hearings and he would not endorse it as a resident. C. Kennedy questioned if DPD assists with projects would that be an endorsement. Manager Murphy noted that City does not endorse projects but assists with the process. C. Samaras noted need to get on record to protect the neighborhood. City Solicitor O’Connor noted the zoning board is independent and DPD are able respond to specific request. Mr. Slagle outlined public hearing process. Registered speakers John Hamblet and Scott MacKenzie addressed the Council. Mr. Slagle noted the procedure used to close hearings. Manager Murphy noted he would check status of public hearing on the matter. C. Belanger noted that the Council should not interfere with a zoning board decision. City Solicitor O’Connor noted the proper forum any zoning issue is before the board and that DPD can answer procedural questions. Manager Murphy commented on Informational Report I regarding final costs affidavits noting the procedure to be used to prevent companies from under bidding jobs to save money on permits. Mr. Slagle outlined new procedure and Shaun Shanahan (Building Insp.) noted the target were commercial sites. C. Kennedy commented on Informational Report J regarding back water study noting it was underway and requested time-line. Manager Murphy commented that matter should be done by end of May. C. Rourke commented on Informational Report K regarding additional police officers requesting a roll call to support the administration. Manager Murphy commented on the increase in staffing and the focus on public safety. Supt. Taylor (LPD) reviewed the staffing over the years and the current increases. C. Belanger noted the good news and commented on the need to get these new officers on the streets. Motion to endorse increase of officers at the LPD by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote, 9 yeas. So voted. 5.2. 2015 / 236 - Communication - City Mgr. request Out of State Travel (2) LPD. In Council, read and adopted. Motion by C. Belanger, seconded by C. Kennedy to take all requests together. So voted. M. Elliott questioned the number of police dogs in the unit. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) 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 6. - VOTES FROM THE CITY MANAGER 6.1. 2015 / 239 - Vote-License Agreement (overhanging sign) Quinn's Sandwiches of Lowell, LLC - 134 Merrimack Street In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Mercier. 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 6.2. 2015 / 242 - Vote-Auth Filing Special Legislation re: Appt of a non-civil service Fire Chief in the City of Lowell City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) In Council, read Motion by C. Kennedy, seconded by C. Rourke to refer matter to Personnel SC for further information. Adopted by Roll Call vote, 6 yeas, 3 nays (C. Belanger, M. Elliott, C. Mercier). So voted. C. Kennedy noted that there may be more options available besides this legislation and the current practice needs to be overhauled. C. Mercier would not support motion and was prepared to vote. C. Belanger commented on the flawed process currently in place and that the Manager should have a say in the choice and the matter should be voted. C. Milinazzo noted his support of referring the matter for more options. C. Samaras noted the need for information and would support the referral as long as City Manager would play some role in the decision. C. Rourke noted the issues with prior selection and needed more information on different options. C. Leahy supported the motion. M. Elliott relinquished Chair to Vice-Chair Leahy at 8:40 PM. M. Elliott commented on the need to make a change and that change should be done legislatively. C. Leahy returned Chair to M. Elliott at 8:43 PM. ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2015 / 238 - Order-60 day trial 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 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 ORDINANCES FROM THE CITY MANAGER 8. - ORDINANCES FROM THE CITY MANAGER 8.1. 2015 / 240 - Ordinance-Amend Ch 266-56 Vehicles and Traffic re: Broadway and Dutton City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) In Council, Given 1st Reading and Motion to refer matter to Public Hearing on May 5, 2015 at & PM by C. Milinazzo, seconded by C. Rourke. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 9. - REPORTS (SUB / COMMITTEE, IF ANY) 9.1. 2015 / 230 - Substance Abuse SC April 16, 2015. In City Council, C. Belanger presented the report noting the purpose of the meeting and outlining attendance commenting on the Synthetic Drug Ordinance including outreach and enforcement action. Motion to accept the report as a report of progress by C. Samaras, seconded by C. Kennedy. So voted. PETITIONS 10. - PETITIONS 10.1. 2015 / 241 - 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. 10.2. 2015 / 231 - Misc. - Barbara Loder request installation of (1) handicap parking sign at 13 Kinsman Street. In Council, read and Motion to refer to Traffic Engineer for report and recommendation by C. Milinazzo, seconded by C. Mercier. So voted. 10.3. 2015 / 232 - Misc. - Michael McGuire request installation of (1) handicap parking sign at 142 Jewett Street. In Council, read and Motion to refer to Traffic Engineer for report and recommendation by C. Leahy, seconded by C. Mercier. So voted. 10.4. 2015 / 233 - Misc. - Michael Naskhletashvili (Century Pharmacy) request installation of overhanging sign at 937 Gorham Street. In Council, read and Motion to refer to Law Department for report and recommendation by C. Rourke, seconded by C. Mercier. So voted. Petitioner addressed the Council. 2015 / 237 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) 10.5. - Misc. - Corey Robinson (President of 1705) request permission to address Council regarding current environment and state of workplace. In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Mercier. So voted. Mr. Robinson addressed the Council noting the change in interpretation of the contract language regarding overtime without notice and the effect it had on union workers. C. Mercier noted the Council does not negotiate contracts but that all contracts should be applied with conformity. C. Mercier requested Auditor provide a report regarding the interpretation of the contract language so that some questions may be answered. C. Martin noted it was not the forum to negotiate but requested a factual report as to any change in policy so that issues can be addressed. C. Kennedy questioned pending grievance. Manager Murphy noted the grievance was still pending and they continue to meet on it and commented on a substantial offer rejected by the union and that he would provide memo to body. CITY COUNCIL - MOTIONS 11. - CITY COUNCIL - MOTIONS 11.1. 2015 / 234 - C. Samaras - Req. City Mgr. have DPD review the South Common Improvement Plan and provide a time-line in which the plan will be addressed. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted the need to look at plans that have been developed for some time. C. Kennedy noted the South Common was an important piece of property. C. Belanger commented on improvement plans and that the park was deteriorating. C. Martin noted the South Common could be an all season park with winter activities. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Belanger. So voted. Meeting adjourned at 9:07 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov