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: May 19, 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 / 295 - Communication - Dorcas Grigg-Saito and Atty. Michael Gallagher regarding launch party for ArtUp at the Lowell Community Health Center. Roll Call showed 9 present. Mayor Elliott Presiding. M. Elliott welcomed back C. Mercier, who thanked all for their best wishes. Atty. Gallagher outlined the ArtUp program noting the success and presented a video for further explanation. Claire Gunther of Lowell Community Health Center commented on the art community and their work with the project and also noted website and social events forthcoming. CITY CLERK 2. - CITY CLERK 2.1. 2015 / 300 - Minutes of City Council Meeting May 12th; Auditor/Clerk Oversight SC May 12th; Youth Services SC May 12th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Mercier. So voted. UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) 3.1. 2015 / 290 - Vote-Reappoint Michael Q. Geary to City Clerk and establish Salary In Council, read twice and adopted. C. Kennedy introduced matter to floor. C. Mercier commented that the work by the Clerk is excellent and that is what is expected and that increase is not warranted. C. Mercier noted cost of living increases given and that increase to $89,000 would be sufficient. C. Samaras agreed with proposal of C. Mercier noting good work of the Clerk. Substitute Motion by C. Samaras, seconded by C. Mercer to move position to level 2, step 2 of the established grid. Motion failed on Roll Call Vote 3 yeas, 6 nays (M. Elliott, C. Kennedy, C. Leahy, C. Martin, C. Milinazzo, C. Rourke). C. Belanger commented was very satisfied with the job done by the Clerk but would not support increase as recommended at present time. C. Kennedy noted the vote is to re-affirm the appointment and to move Clerk on the ordinance grid. C. Kennedy outlined the reason for the subcommittee recommendation and noted the Clerk even with increase would be paid less than average out in community and among most City department heads and that the vote is more corrective than anything. C. Leahy noted he would support the recommendation from the subcommittee stating in order to get quality people salaries should reflect that. C. Mercier noted that not fair to compare to other communities and that the Council cannot give away the store. C. Belanger noted comparisons are not fair. C. Milinazzo noted support of subcommittee recommendation and would not favor voting differently from the recommendation. C. Samaras noted the good job of the Clerk but he does not support giving the money as recommended by the subcommittee. M. Elliott relinquished Chair to Vice Chair Leahy at 7:05 PM. M. Elliott noted he wished to be fair across the board though the Clerk was doing a good job the economics does not warrant any increase. C. Leahy returned Chair to M. Elliott at 7:10 PM. 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 x Rourke, Daniel P. x Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) GENERAL PUBLIC HEARINGS 4. - GENERAL PUBLIC HEARINGS 4.1. 2015 / 270 - Ordinance-Quarterly Traffic 2015 In City Council, Given 2nd Reading. Public hearing held and closed. No remonstrants. Adopted by Roll Call vote. 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 COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2015 / 296 - Motion Responses A. Picnic Benches at Shedd Park B. Shattuck St. Parking C. South Common Improvement Plan Informational D. Centralville Substation Opening In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Martin. So voted. C. Leahy commented on Motion Response A regarding benches at Shedd Park noting how quick the work was completed. C. Samaras commented on Motion Response B regarding Shattuck Street parking noting the added spaces were needed. C. Martin got confirmation that there were added parking spaces on the street. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) C. Samaras commented on Motion Response C. regarding South Common improvements noting the report and the money needed and the progress with the grant programs. Manager Murphy commented on money needed and used to fix areas in the common. Tom Bellegarde (Parks Commissioner) noted the work needed to be done and that the park would not be fully functioning for a bit. 5.2. 2015 / 309 - Communication-Reappoint John Lawlor, Sidney Liang, Joyce Dastou Council on Aging In Council, read 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 Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2015 / 311 - Vote-Timely Receipt of Budget FY'16 In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. Manager Murphy made presentation regarding the budget noting the challenges and the highlights. The presentation outlined the revenues and expenditures and a 1.5% increase in the tax levy. C. Kennedy questioned revenue received from the State for snow and ice. Manager noted what was being reimbursed and that these funds could be amortized over a few years. C. Kennedy commented on local aid. Bob Healy (Fin. Consultant) noted the changes and the paybacks especially for charter schools. C. Belanger commented on increase in tax levy as well as appraisal values and increase in growth. Manager Murphy noted the reason for conservative growth estimate and that tax bills will vary. C. Samaras commented on net school spending report and the addressing of public safety needs. Manager Murphy commented on the Needs Program used to ensure buildings are up to code to assist with public safety. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) 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 6.2. 2015 / 312 - Vote-Accept Gift of $25,000 from the Lowell Housing Authority 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 Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2015 / 310 - Order-60 day trial (various) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. 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 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 ORDINANCES FROM THE CITY MANAGER 8. - ORDINANCES FROM THE CITY MANAGER 8.1. 2015 / 305 - Ordinance-Create new Department entitled Health and Human Services In Council, Given 1st Reading and Motion to refer matter to Public Hearing on June 9, 2015 at 7 PM by C. Kennedy, seconded by C. Belanger. So voted. C. Kennedy requested information on the ordinance. Manager Murphy outlined the ordinance and the reason behind it and how it would operate. C. Kennedy questioned reporting procedures as well as new salaries. Manager Murphy noted it was budget neutral. C. Kennedy outlined the salaries. C. Martin noted it would be in new budget. 8.2. 2015 / 307 - Ordinance-Create position of Deputy Director of Administration and Finance and establish salary In Council, Given 1st Reading and Motion to refer matter to Public Hearing on June 9, 2015 at 7 PM by C. Kennedy, seconded by C. Leahy. So voted. C. Kennedy noted it was a new position. Manager Murphy commented on the position and how it would have positive effect on the budget. C. Kennedy noted longstanding issues present in department. Manager Murphy noted some deficiencies. C. Leahy questioned if position would be lost. C. Kennedy noted the table of organization. C. Belanger noted the new ordinance would allow department head to focus on work in the field. 8.3. 2015 / 308 - Ordinance-Amend Ch. 243 entitled Streets and Sidewalks, by creating new section entitled s. 243-23.1 "Newsracks" City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) In Council, Given 1st Reading and Motion to refer matter to Public Hearing on June 9, 2015 at 7 PM by C. Samaras, seconded by C. Rourke. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 9. - REPORTS (SUB / COMMITTEE, IF ANY) 9.1. 2015 / 299 - Transportation SC May 19, 2015. In City Council, C. Milinazzo presented the report noting the purpose of the meeting and outlining attendance commenting on ridership issues of the LRTA, improving bus service in the downtown and handicap access on the busses. Motion to accept the report as a report of progress by C. Mercier, seconded by C. Samaras. So voted. 9.2. 2015 / 249 - Wire Insp. - National Grid - Req. installation of forty feet +/- of PVC conduit from Riverside St. to property line of 84 University Ave. In Council, read and Motion accept and adopt the accompanying order by C. Leahy, seconded by C. Kennedy. So voted. PETITIONS 10. - PETITIONS 10.1. 2015 / 301 - National Grid/Verizon NE - Request relocate pole 1 across Dane Street. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on June 9, 2015 at 7 PM by C. Belanger, seconded by C. Samaras. So voted. 10.2. 2015 / 302 - Misc. - Atty. James Flood for Hunt Real Estate Services, Inc. developer of Family Dollar Store request City Council approve parking restrictions on Nottingham Street. In Council, read and Motion to refer to Law Department, Engineer Department, Traffic Engineer and DPD for report and recommendation by C. Kennedy, seconded by C. Leahy. So voted. CITY COUNCIL - MOTIONS 11. - CITY COUNCIL - MOTIONS 11.1. 2015 / 297 - C. Kennedy - Req. City Mgr. provide a report regarding claims submitted to the Law Department over the last six months. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) In Council, seconded by C. Belanger, read and referred to City Manager. So voted. C. Kennedy noted there were a lot of claims and need to know status. 11.2. 2015 / 298 - C. Mercier - Req. City Mgr. inquire of Supt. Taylor (LPD) whether changes will be happening regarding issuing gun permits. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier commented on permit process and that permits should be allowed for reasonable people. C. Mercier noted the prior response and that progress is being made. City Solicitor O’Connor noted the federal litigation and that updates will be made as litigation moves forward. 11.3. 2015 / 304 - C. Rourke/C. Mercier - Req. City Auditor explain issues related to overtime pay to City employees. In Council, no second needed, read and referred to City Manager. So voted. C. Mercier noted the need for information and the issue continues to linger. C. Mercier noted the process did not seem fair. City Auditor York commented on the examples put forward and the use of the Federal Labor Standards Guidelines in this area. C. Mercier noted the contract language which has been long standing. City Solicitor O’Connor noted there are payroll issues and that the Auditor in charge of the payments and that there are open grievances with the issues. C. Rourke questioned lack of notice if changes were being made. City Auditor York outlined how notice was given to department head payroll clerks. C. Rourke noted lack of notice and that process changed a past practice. City Auditor York noted her interpretation was aided by the Law Department and prior Auditor correspondence. City Solicitor O’Connor outlined involvement of Law Department. C. Rourke commented on the lack of communication. C. Martin noted the grievance and questioned how wide spread it is and that it is time to respond to same. C. Kennedy commented on the many amendments to the contracts that could lead to confusion. City Auditor York commented on how this is being remedied. C. Mercier noted that based on current contract language she is confused as to no payments for overtime. 11.4. 2015 / 306 - C. Rourke - Req. City Mgr. update Council regarding scheduling of a new pump station or the repair of the existing pump station in Centralville. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke commented on the use of pump station and how it affects insurance rates in the area. M. Elliott noted upcoming event in the Burmese Community. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) CITY COUNCIL - EXECUTIVE SESSION 12. - CITY COUNCIL - EXECUTIVE SESSION 12.1. 2015 / 313 - Executive Session - Regarding matters of pending litigation public discussion of which could have a detrimental effect on the City's position. In Council, purpose was stated for the Executive Session and public was informed that the body would adjourn from the Executive Session. So voted at 8:40 PM. 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 ADJOURNMENT 13. - Time for meeting to stand adjourned. Motion to Adjourn from Executive Session by C. Kennedy, seconded by C. Leahy. So voted. Meeting adjourned from Executive Session at 9:21 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov