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 26, 2015 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2015 / 314 - Minutes of City Council Meeting May 19th, for acceptance. Roll Call showed 9 present. Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for Norman Sayer. C. Milinazzo requested moment of silence in darkened chamber for Raymond Riddick, Jr. In City Council, minutes read, Motion “To accept and place on file” by C. Samaras, seconded by C. Milinazzo. So voted. GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 2015 / 293 - Ordinance-Amend Ch. 150 entitled Fees (Police Dept.) In City Council, Given 2nd Reading. Motion to “waive full reading” by C. Milinazzo, seconded by C. Rourke. So voted. Public hearing held and closed. No remonstrant. Adopted by Roll Call vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 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 x Mercier, Rita M. x 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 / 316 - Motion Responses: (A) Motion Response - Q1 2015 Motion Response Tracking Informational Reports: (B) Informational - LowellSTAT SnowSTAT In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Mercier. So voted. C. Samaras commented on Motion Response B regarding LowellSTAT SnowSTAT noting a lot of expenditures in the Centralville area. Ralph Snow (DPW) noted the area is difficult to remove snow because of narrow streets and the area generates a lot of service calls. 3.2. 2015 / 320 - Communication - City Mgr. request Out of State Travel (1) Library. 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 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 3 of 9) Rourke, Daniel P. x Samaras, William x VOTES FROM THE CITY MANAGER 4. - VOTES FROM THE CITY MANAGER 4.1. 2015 / 318 - Vote-Auth CM Transfer Approp. per MGL c.44 s.33B In Council, read and Motion to remove matter from the Agenda by C. Kennedy, seconded by C. Belanger. So voted. Manager Murphy noted the transfer could be accomplished by other means. 4.2. 2015 / 319 - Vote-Transfer $20,000 Disability Commission In Council, read twice and adopted. Manager Murphy noted that prior councils allowed for the transfer of funds from the Parking Enterprise to allow for various services for disabled. C. Leahy noted he was a member of the Disability Commission. 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 4.3. 2015 / 322 - Vote-Approve TIF Agreement Markley Group LLC In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. So voted. C. Kennedy noted the positive economic development of the vote. Manager Murphy commented on the property and the assessed value of the property and the current tax bill that goes along with the property. Manager Murphy outlined how the TIF would operate and the added taxes that it will generate over the course of the agreement. Manager City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) Murphy noted that the new company was cutting edge data storage facility. C. Kennedy noted the future is bright for that property. M. Elliott commented on the job prospect with the new owner. Manager Murphy noted the increase in jobs due to the TIF and that if it did not generate those jobs the TIF can be terminated. C. Martin noted it was a win for the City and commented on how new taxes will be generated and that past TIFS have been successful. Manger noted the history of TIFS in the City, including CrossPoint, and noted this would reap the best results. C. Belanger noted a blighted property will be restored and jobs will come along with development. Manger noted the work of his staff during the intense negotiations. C. Samaras was pleased company was investing in Lowell. Allison Lamey (DPD) commented on the potential economic impact of the vote and the property. C. Milinazzo noted how difficult the premises were to market and was pleased with the results. C. Mercier noted her excitement with the development and job opportunities. Representatives of the Markley Group, LLC made a quick presentation to the body noting the benefits to the City and the company 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 Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 4.4. 2015 / 323 - Vote-Apply/Accept/Expend $13.4M Tiger Grant In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Leahy. So voted. Manager Murphy commented on the great work of the staff in putting together the grant. Registered speaker, Chris Gleba, Lowell resident, addressed the Council regarding the Enel bridges by posing questions and providing recommendations. Craig Thomas (DPD) provided a presentation to the Council regarding the bridges in the City owned by Enel which are part of the infrastructure in the downtown and UMass-Lowell. Mr. Thomas noted the bridges are in dire condition and that Enel are not the proper caretaker for the properties. Mr. Thomas outlined what the grant money would be used for in repair and replacement of City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) bridges noting that the City could leverage a huge financial outpouring for limited money. Mr. Thomas spoke to budget and how costs would be distributed between UMass-Lowell, Enel, Tiger Grant money and the City. Adam Baacke (UML) outlined the University involvement with the plan in terms of money and staff resources. Mr. Thomas noted the maintenance of the bridges after being under City ownership noting there would be assistance with new infrastructure. Mr. Thomas outlined the needed votes to start the project down the road, including grant vote, purchase and sales vote and resolution. C. Belanger questioned the time line for all the projects. Mr. Thomas commented on projected dates of the projects. C. Samaras commented on the lack of options available to address the issues and that private ownership is not working in this area. C. Mercier noted that legally Enel does not have to repair defective bridges only have to post safe limits and that they are not a good partner as it stands and they should not be awarded for poor management. Mr. Thomas noted that the City is not paying any money to get the bridges and will also have 3 new bridges along with 3 fully rehabbed bridges. C. Kennedy questioned if purchase and sales vote needed to go forward. Mr. Thomas believed it was important for that vote to show the federal government that there is an indication of ownership. C. Rourke commented on the due diligence completed and the favorable leverage of the project. C. Belanger commented on favorable negotiations and the long term maintenance plans. C. Martin questioned the PILOT vote on for this evening and was informed that it would be sent to Economic Development SC for more input. C. Martin noted the project hits all the needed safeguards and would be beneficial to the City and UMass- Lowell. 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 4.5. 2015 / 325 - Vote-Auth CM enter into a P&S Agreement with Enel City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. C. Milinazzo noted the closing date and questioned if that would work. Mr. Thomas indicated that the date was sufficient. 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 4.6. 2015 / 331 - Vote-Approve PILOT Program (Enel) In Council, read and referred to the Economic Development SC by Motion of C. Kennedy, seconded by C. Belanger. So voted. Manager Murphy noted there needs to be more detail in the agreement. ORDINANCES FROM THE CITY MANAGER 5. - ORDINANCES FROM THE CITY MANAGER 5.1. 2015 / 321 - Ordinance-Amend Ch. 56 entitled Personnel amending 56.2 enumerated City Electrician In Council, Given 1st Reading and Motion to refer matter to Public Hearing on June 23, 2015 at 7 PM by C. Leahy, seconded by C. Mercier. So voted. RESOLUTIONS FROM THE CITY MANAGER 6. - RESOLUTIONS FROM THE CITY MANAGER 6.1. 2015 / 326 - Resolution-Support TIGER Grant Program City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, 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 x Leahy, John J. x Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x CONSTABLE BONDS 7. - CONSTABLE BONDS 7.1. 2015 / 324 - Communication - City Mgr. request approval for Constable Bond for Douglas E. Wiggins Jr. 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 REPORTS (SUB / COMMITTEE, IF ANY) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2015 / 327 - Personnel SC May 26, 2015. In City Council, C. Belanger presented the report noting the purpose of the meeting and outlining attendance commenting supporting legislation to remove fire chief from civil service. C. Belanger noted they endorsed the Manager’s recommendation to remove the fire chief. Motion by C. Milinazzo, seconded by C. Rourke to adopt the recommendation of the subcommittee and support legislation to remove fire chief from civil service collection. So voted. Motion to accept the report as a report of progress by C. Mercier, seconded by C. Samaras. So voted. C. Rourke noted that he would be calling Public Safety SC on June 9, 2015 at 5:30 PM. 8.2. 2015 / 248 - Wire Insp. - National Grid – Request installation of 2 poles, 1 transformer and overhead conductor at 94 Canada Street. In City Council, read and Motion to accept and adopt the accompanying order by C. Mercier, seconded by C. Martin. So voted. Manager Murphy noted that there was a meeting with the neighborhood to straighten out issues. PETITIONS 9. - PETITIONS 9.1. 2015 / 328 - Misc. - Kazanjian Enterprise, Inc. (Atty. George Eliades) petition change of zoning at 21 West Adams Street by extending TMF Use zone. In Council, read and Motion to refer to Law Department to draft proper ordinance by C. Milinazzo, seconded by C. Rourke. So voted. C. Martin was absent for any discussion or vote on this matter. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2015 / 315 - C. Milinazzo - Req. City Mgr. report on grant funds raised for the benefit of the School Department through the Greater Lowell Community Foundation. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Milinazzo requested the effect of the grant funds on the FY16 Budget. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) 10.2. 2015 / 317 - C. Belanger - Req. City Mgr. inform the City Council on what plans he has to promote the Hamilton Canal District. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Belanger noted the developer left the project and that there is a need to keep on moving forward on the project. Manager Murphy noted the approach with the project and the use of RFPs. C. Belanger questioned the need for master developer on the project. Manager Murphy noted that a project this size will need that element. C. Milinazzo made note of Boy Scout attending the meeting as part of his community project. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Rourke, seconded by C. Samaras. So voted. Meeting adjourned at 8:06 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov