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: Jun 09, 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 / 335 - Communication - Richard Howe regarding "Lowell Walks" guided tours of downtown Lowell. Roll Call showed 9 present. Mayor Elliott Presiding. C. Milinazzo requested moment of silence in darkened chamber for Esther Doherty, mother-in- law of C. Martin. C. Mercier recognized Jeannette Anderson, a student at UMass-Lowell, attendance at meeting for class project. Mr. Howe noted the program and the series of walks in downtown and how important it is to promote the City. C. Belanger commented on the walks and that they are well attended and there is a lot of volunteer help. C. Samaras commented on how the walks improve the quality of life in the City. CITY CLERK 2. - CITY CLERK 2.1. 2015 / 334 - Minutes of Transportation SC May 19th; City Council Meeting May 26th; Personnel SC May 26th; Special Meeting Budget June 2nd, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Samaras, seconded by C. Milinazzo. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) Motion to suspend the rules to take item 10.7 out of order by C. Belanger, seconded by C. Mercier. So voted. Motion to suspend rules to take item 6.1 out of order and after 10.7 by C. Leahy, seconded by C. Kennedy. So voted. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2015 / 305 - Ordinance-Create new Department entitled Health and Human Services In Council, Given 2nd reading. Hearing held. No Remonstrants. Hearing closed. Adopted on Roll Call vote. C. Mercier questioned if new money was to be used to fund the position. Manager Murphy noted it was a change of title and that no new money is to be used and that in the end it would be cost neutral. C. Milinazzo disclosed he had a sister working in the department and that would not interfere with his deliberation. C. Milinazzo questioned why the responsibility did not shift to existing assistant city manager. Manager Murphy noted that the position called for health background as well as being able to coordinate various departments. C. Samaras noted the importance of good relationships between the departments. C. Belanger commented on the qualifications of the new position. Manager Murphy noted that the position calls for experience in public health administration. 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 3.2. 2015 / 307 - Ordinance-Create position of Deputy Director of Administration and Finance and establish salary In Council, Given 2nd reading. Hearing held. No Remonstrants. Hearing closed. Adopted on Roll Call vote. C. Milinazzo noted that the position was utilized in prior years. M. Elliott requested information on the position. Manager Murphy commented on the need for the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 11) position after review of last year’s financial operations in the department and that more oversight is needed in terms of overtime, payroll and school spending. C. Leahy questioned use of existing personnel. Manager Murphy noted the need for more expertise in the department. C. Leahy questioned salary with the position. Manager Murphy noted the salary was paid from existing budget along with money from enterprise funds. C. Mercier questioned if clerk of the works was still a position in the City. 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 3.3. 2015 / 308 - Ordinance-Amend Ch. 243 entitled Streets and Sidewalks, by creating new section entitled s. 243-23.1 "Newsracks" In Council, Given 2nd reading. Hearing held. No Remonstrants. Hearing closed. Adopted on Roll Call vote. C. Mercier commented on the need for the ordinance to oversee and enforce compliance with regulating news racks. Manager Murphy noted the fee will be minimal as the real purpose is to make sure there is insurance on the racks. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2015 / 301 - National Grid/Verizon NE - Request relocate pole 1 across Dane Street. In Council, Given 2nd reading. Hearing held. Speaking in favor was Michelle Stacey of National Grid. No Remonstrants. Hearing closed. Motion to refer to wire inspector for report and recommendation by C. Leahy, seconded by C. Martin. So voted. Manager Murphy noted the administration’s support and UMass-Lowell support of the petition. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2015 / 353 - Motion Responses: (A) Motion Response - Relocation of Crosswalk at St. Anthony's (B) Motion Response - Traffic Lights at Broadway St. Bridge (C) Motion Response - Centralville Pump Station (D) Motion Response - Update on Fire-Damaged Buildings Informational Reports: (E) Informational - Citizen Advisory Committee Invitation In Council, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. C. Leahy commented on Motion Response A regarding relocation of crosswalk at St. Anthony’s noting the need to protect the existing trees. Nicolas Bosonetto (Traffic Engineer) noted that there is a plan to save all trees. C. Mercier questioned if anyone in the Church was overseeing the proposal. Michael McGovern (Asst. City Manager) commented that they had been speaking with a representative of the Church and that they were in favor of moving the crosswalk. C. Kennedy commented on the origin of the motion to relocate the crosswalk. C. Leahy commented that the new location of crosswalk was safer. C. Leahy commented on Motion Response B regarding traffic lights on Broadway Street Bridge noting that the placing a light there would not fit the construction time frame. Manager Murphy noted the police will maintain a presence in that area. C. Samaras commented on Motion Response C regarding Centralville pump station noting the need to bring it on line to relieve homeowners of excess flood insurance premiums. Michael Stuer (Wastewater Dept.) outlined time frame in which the pump will come back on line. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) Motion by C. Samaras, seconded by C. Rourke to have Manager meet with neighborhoods to inform them of the reconstruction plan for the pump house along with time line for completion of the project. C. Kennedy noted that the relief from insurance premiums is of paramount concern. C. Martin noted the use of flood maps by FEMA and that it was unfortunate that the time needed is extensive to complete the project. C. Leahy noted that there is a need to move quickly on the matter. C. Leahy commented on Motion Response D regarding fire damaged buildings noting the report. 5.2. 2015 / 349 - Communication-Appoint Kevin P. Dillon to Conservation Commission In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Rourke. So voted. 5.3. 2015 / 350 - Communication - City Mgr. request Out of State Travel (1) Health Dept.; (1) DPW. 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 Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x x VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2015 / 347 - Vote-Auth Approval and Submission of 2015-2020 Consolidated Plan to HUD In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, seconded by C. Kennedy. So voted. Manager Murphy outlined the program and the economic impact it has. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) Chris Samaras (DPD) noted the process and how the Citizen’s Advisory Committee assists with the applications and the granting of CDBG funds in the City. Mr. Samaras introduced the committee to the Council. C. Mercier noted the finished product. C. Martin abstained from the vote and discussion of the matter. 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 / 348 - Vote-Accept Gift $500.00 from TD Bank N.A. for Animal Control-Purr-Fetch Pet Fest In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. Manager Murphy outlined the gift and the purpose behind it. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) 6.3. 2015 / 356 - Vote-Authorize filing of special legislation relative to the appointment of a non-civil service Fire Chief in the City of Lowell In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Leahy. So voted. Registered speaker, Robert Page, addressed the Council regarding issue and noted he would not support the vote. C. Leahy commented on other options available through civil service and urged body to defeat the matter. C. Martin questioned if there would be any protection for employees without civil service. Manager noted that there would be contract protection. C. Milinazzo noted he did not support the vote as there are other options available to keep position in civil service. C. Milinazzo noted the prior Chief had done an excellent job and that this vote was not a response to his tenure. C. Mercier noted her support of the vote and that the position should be under the Manager so that there would be more control over various costs. C. Mercier noted her support to protect the person appointed Chief if the appointment did not work out for both parties. C. Mercier noted mere reliance on test score is not sufficient to choose a leader. C. Belanger noted the amount of time spent on the issue and that the Manager indicated the current process is tainted and as such this is the time to make some changes. C. Belanger noted the ability to continue to move up the chain of command in the department even with the proposed changes and that oversight is essential to operation of the department. C. Rourke noted the option available that would favor keeping civil service protection and these options should be fully explored. C. Samaras commented on the civil service system and noted the need to give the Manager all needed tools to run the administration. C. Milinazzo noted the overtime issue in the department and how it correlates with the closing of engine houses and that it cannot be compared to LPD overtime issues. C. Kennedy noted the two issues involve are the tainted process and accountability. C. Kennedy noted that accountability should be paramount and that the departments should be under the Manager. C. Kennedy commented on employee protections under contract and civil service. Manager noted that contract language would be more stringent. M. Elliott relinquished Chair to Vice-Chair Leahy at 7:55 PM. M. Elliott noted his support of the Manager on this issue and that as the times change so should reliance on civil service. M. Elliott noted that the best protection for any job is to do a good job. C. Leahy returned Chair to M. Elliott at 8:00 PM. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) 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 6.4. 2015 / 360 - Vote-Approve PILOT Agreement-Boott Hydropower, Inc In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. Registered speaker was called upon and was not present in the Chamber. M. Elliott suggested Economic Development SC report be brought forward as it pertained to this vote. Manager Murphy noted the administration support of the agreement as it pertains to global settlement of matters with Enel. Manager Murphy outlined the parameters of the agreement and noted that it deals with any exposure the City may have before the Appellate Tax Board. 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 ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2015 / 359 - Ordinance-Amend Zoning 21 W. Adams St-Extend TMF Zone In Council, Given 1st Reading and Motion to refer matter to Public Hearing on July 28, 2015 at 7 PM by C. Leahy, seconded by C. Kennedy. So voted. C. Martin abstained from discussion and vote on this matter. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2015 / 336 - Economic Development SC June 9, 2015. In City Council, C. Belanger presented the report noting the purpose of the meeting and attendance commenting on the PILOT program vote with Enel and outlining the agreement. Motion to accept the report as a report of progress by C. Belanger, seconded by C. Kennedy. So voted. 8.2. 2015 / 337 - Public Safety SC June 9, 2015. In City Council, C. Rourke presented the report noting the purpose of the meeting and attendance commenting on crime reports, police substation and the “See something, Say something” program. Motion to accept the report as a report of progress by C. Martin, seconded by C. Belanger. So voted. C. Mercier commented on Public Safety SC scheduled for June 23, 2015 regarding the Cawley Stadium scoreboard. PETITIONS 9. - PETITIONS 9.1. 2015 / 338 - Claims - (3) property damage. In Council, read and Motion to adopt items 9.1 to 9.4 together and refer to indicated departments (Law) by C. Kennedy, seconded by C. Leahy. So voted. 9.2. 2015 / 341 - Misc. - Dr. Linda Trouville (St. Louis School) request installation of (1) handicap parking sign in front of St. Louis Center at 221 W. 6th Street. In Council, read and Motion to adopt items 9.1 to 9.4 together and refer to indicated departments (Traffic Engineer) by C. Kennedy, seconded by C. Leahy. So voted. 9.3. 2015 / 342 - Misc. - Charlotte Ciaraldi request reimbursement for towing. In Council, read and Motion to adopt items 9.1 to 9.4 together and refer to indicated departments (Law) by C. Kennedy, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) 9.4. 2015 / 343 - Misc. - Wayne Sevigny request reimbursement for towing. In Council, read and Motion to adopt items 9.1 to 9.4 together and refer to indicated departments (Law) by C. Kennedy, seconded by C. Leahy. So voted. 9.5. 2015 / 346 - National Grid – Request installation of electric conduit at 71 Wilder Street. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on June 23, 2015 at 7 PM by C. Martin, seconded by C. Mercier. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2015 / 339 - C. Mercier - Req. City Mgr. have proper department post "No Parking on Bridge" signs on Roper Street Bridge. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted the bridge cannot support any parking. 10.2. 2015 / 344 - C. Leahy - Req. City Mgr. work with proper departments and agencies to establish an historic trail throughout downtown. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy noted it could be like Freedom Trail in Boston highlighting historic areas and people of the City. C. Belanger noted it could be a great attraction in the cultural district. 10.3. 2015 / 345 - C. Leahy - Req. City Mgr. report on progress of getting crosswalks painted throughout the City. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy requested update and that the line painting on streets should be addressed as well. 10.4. 2015 / 354 - C. Samaras - Req. City Mgr. have Traffic Engineer study traffic patterns at intersection of Nesmith Street and Andover Street. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras commented on the intersection regarding lighting and signage. 10.5. 2015 / 355 - C. Kennedy - Req. City Mgr. consolidate each of the collective bargaining City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) agreements into one document as part of the current contract negotiations of each bargaining unit. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. C. Kennedy noted the consolidating of contracts would clean up all of the amendments to the contracts and would be easier to review and amend. C. Rourke questioned the purpose for such an endeavor. 10.6. 2015 / 357 - C. Belanger - Req. City Mgr. update on previous motion regarding the land swap with the National Park and the LRTA bus parking. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Belanger noted the need to keep pushing the Hamilton Canal District project and this is a big part of the plan and should be attended to or develop other options. Manager noted the frustration with the LRTA and Parks and commented on costly alternative plans. 10.7. 2015 / 358 - C. Belanger - Req. City Mgr. have Traffic Engineer evaluate the intersection of Mammouth Road and West Meadow Road to address parking and safety issues. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Belanger noted area and the history of the intersection and the need for safety and parking upgrades. C. Leahy noted the danger of the intersection and that it should be improved. Motion to suspend rules to allow speaker to address body by C. Mercier, seconded by C. Martin. So voted. Deb Forgione noted it was good motion and the area should be studied. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Rourke, seconded by C. Kennedy. So voted. Meeting adjourned at 8:35 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov