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: Jul 14, 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 / 415 - Citation - Fire Chief Edward "Skip" Pitta upon his retirement. Roll Call showed 9 present. Mayor Elliott Presiding. C. Mercier requested moment of silence in darkened chamber for Peter Martin and Walter Hedlund, Jr. M. Elliott presented citation to Chief Pitta recognizing his retirement. Chief Pitta addressed the Council and spoke of his career. Motion to Suspend Rules to take item #10.9 out of order by C. Rourke, seconded by C. Milinazzo. So voted. Motion to Suspend Rules to take item #10.3 out of order by C. Mercier, seconded by C. Leahy. So voted. Motion to Suspend Rules to take item #10.2 out of order by C. Mercier, seconded by C. Martin. So voted. Motion to Suspend Rules to take item #4.2 out of order by C. Milinazzo, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 12) CITY CLERK 2. - CITY CLERK 2.1. 2015 / 405 - Minutes of City Council Meeting June 23rd; Parks & Recreation SC June 23rd, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Samaras, seconded by C. Belanger. So voted. CITY AUDITOR 3. - CITY AUDITOR 3.1. 2015 / 441 - Communication - Introduction of UMass-Lowell intern, Bayleigh Young. In City Council, Auditor York introduced Ms. Young and spoke to her accomplishments. Ms. Young addressed and thanked the Council. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2015 / 404 - Motion Responses (A) Motion Response - Alumni Field Repairs (B) Motion Response - Lowell Folk Festival City Gateway Cleanup (C) Motion Response - Report on School Repairs During Summer 2015 (D) Motion Response - Street Sign Replacement (E) Motion Response - Status Update on Branch Street Property Petition Responses (F) Petition Response - Update on Resident Request for Truck Exclusion on E. Merrimack and Fayette (G) Petition Response - Parking Restrictions on Nottingham Street (H) Petition Response - Stop Sign at Eugene and Woburn Streets Informational Reports (I) Informational - Customer Service Survey In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Leahy. So voted. C. Kennedy commented on Motion Response A regarding Alumni Field repairs questioning the time frame for those repairs. Manager Murphy noted the time process to repair scoreboard and other facilities. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 12) C. Belanger commented on Motion Response B regarding cleanup for Folk Festival noting the progress that has been made. C. Leahy commented on Motion Response C regarding school repairs noting the specific needs of the Freshmen Academy. C. Mercier noted the need to paint lines in school parking lots. Manager Murphy noted that lines were being painted while school is out. C. Leahy commented on Motion Response D regarding street sign replacement noting the need for a maintenance program instead of repairing when there is a call. Manager Murphy outlined the current maintenance system. C. Belanger commented on Motion Response E regarding update on Branch Street property noting the zoning restrictions on the property and the need to have a monument in place to remember the victims of fire. C. Leahy commented on Petition Response F regarding truck traffic on streets noting the need to approach State for assistance though it would be difficult. Manager Murphy noted that the traffic is not heavy enough to warrant State assistance but he would pursue matter at that level regardless. C. Milinazzo noted that the intersection of Andover and Nesmith Street when redesigned would alleviate some nearby surface street congestion. C. Martin commented on Petition Response G regarding parking on Nottingham Street questioning what is going to be done with the area. Motion by C. Martin, seconded by C. Mercier to refer matter back to City Manager for a report and recommendation. So voted. C. Mercier commented on Petition Response H regarding stop signs commenting that when work is complete people who requested the work should be notified. C. Martin commented on Petition Response I regarding customer service survey noting it was good effort to obtain feedback. Motion by C. Samaras, seconded by C. Rourke to discuss prior motion responses. So voted. C. Samaras opened discussion regarding Western Avenue and the railroad tracks and requested further investigation to allow that area to be more accessible. C. Samaras opened discussion regarding Andover and Nesmith Streets intersection requesting quicker time line for redesign if possible. Motion by C. Samaras, seconded by C. Mercier to refer matters back for further review. So voted. 4.2. 2015 / 409 - Communication-Appoint Kerry A. Hall (Lowell Memorial Auditorium) In Council, read and adopted. Manager Murphy noted the appointment was of a veteran and was pleased to appoint her. Ms. Hall was present and thanked the Council. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 12) 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 4.3. 2015 / 410 - Communication-Reappoint Joan Bedford and Andrew Hostetler (Council on Aging) 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 x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 4.4. 2015 / 411 - Communication-Reappoint John D. Corrigan (Hunger Homeless Commission) In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Belanger. So voted. 4.5. 2015 / 413 - Communication-Accept Reappointment of Peter Finnegan (Board of Parks) In Council, read and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 12) 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 4.6. 2015 / 417 - Communication-Accept Resignation of Eleanor Belanger (Council on Aging) In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Martin. So voted. 4.7. 2015 / 418 - Communication-Accept Resignation of James Dyment (Lowell Cultural Council) In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Milinazzo. So voted. 4.8. 2015 / 419 - Communication-Reappoint Brian Toner and Louisa Varnum (Conservation Commission) In Council, Motion “To accept and place on file” by C. Martin, seconded by C. Rourke. So voted. C. Martin noted the length of service and dedication of Ms. Varnum on the Commission. 4.9. 2015 / 406 - Communication - City Mgr. request Out of State Travel (1) MIS; (2) LPD. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 12) Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2015 / 421 - Vote-Authorize City Manager to pay bills from prior years (MGL 44 s.64) In Council, read twice and adopted. C. Belanger noted the bills were for the police department. Conor Baldwin (CFO) commented on the transfers. C. Leahy questioned how the system can be improved. Manager Murphy noted the addition of finance person in the DPW will assist with this type of book keeping. Mr. Baldwin noted that new invoice system of the police will assist as well. 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 5.2. 2015 / 423 - Vote-Transfer $19,800 (various accounts) In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 12) 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 Samaras, William x x ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2015 / 408 - Order - 60 Day Trial (Various) In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, 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 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 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2015 / 422 - Ordinance-Amend C.266-85 (Parking prohibited during certain hours) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 12) In Council, Given 1st Reading and Motion to refer matter to City Manager for further review and recommendation by C. Milinazzo, seconded by C. Mercier. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2015 / 346 - Wire Insp. - National Grid – Request installation of electric conduit at 71 Wilder Street. In Council, read and Motion accept and adopt the accompanying order by C. Mercier, seconded by C. Rourke. So voted. PETITIONS 9. - PETITIONS 9.1. 2015 / 420 - Claims - (3) Property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Kennedy, seconded by C. Belanger. So voted. Motion by C. Kennedy, seconded by C. Belanger to take items #9.2; 9.3 and 9.4 all as one and refer to Law Department and Traffic Engineer as indicated for a report and recommendation. So voted. 9.2. 2015 / 407 - Misc. - Peter Huynh (1981 Ramen Bar) request installation of overhanging sign at 129 Merrimack Street. In Council, read and Motion to refer to Law Department for report and recommendation by C. Kennedy, seconded by C. Belanger. So voted. 9.3. 2015 / 412 - Misc. - Ablavi Houngbedji (Godwin's African Market) request installation of overhanging sign at 134 Merrimack Street. In Council, read and Motion to refer to Law Department for report and recommendation by C. Kennedy, seconded by C. Belanger. So voted. 9.4. 2015 / 416 - Misc. - Aliz Rodriquez request installation of (1) handicap parking sign at 22 Cady Street, Apt. 1. In Council, read and Motion to refer to Traffic Engineer for report and recommendation by C. Kennedy, seconded by C. Belanger. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 12) 9.5. 2015 / 424 - National Grid/Verizon NE – Request relocation of (2) poles at Shaffer Street. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on July 28, 2015 at 7 PM by C. Kennedy, seconded by C. Leahy. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2015 / 425 - C. Martin - Req. City Mgr. present to City Council a proposed process and timetable to select a master developer for Hamilton Canal District. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Martin noted the need for the plan to move forward and the project must continue to have high priority. Manager Murphy commented on the RFP going out on the project. C. Belanger noted that any potential developer should be allowed a tour with any member of the Council present. 10.2. 2015 / 426 - C. Mercier - Req. City Mgr. have proper departments enforce the Zoning Traffic and Noise Ordinances to address issues on Main and Canada Streets, i.e. Vacant Buildings, 10-Wheeler Traffic, Dust Clouds. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. Marc Plourde, registered speaker, addressed the Council regarding the conditions in the neighborhood. C. Mercier noted that the Manager would further address the matter. 10.3. 2015 / 427 - C. Mercier - Req. City Council name the splash pad at former site of O’Donnell Park in honor of John J. O’Donnell. In Council, seconded by C. Belanger, read and referred to Board of Parks. So voted. Carol McCarthy, registered speaker, addressed the Council regarding the site. Motion by C. Mercier, seconded by C. Kennedy to amend motion by referring matter to Board of Parks. So voted. Motion to approve amended motion by C. Mercier, seconded by C. Samaras. So voted. 10.4. 2015 / 428 - C. Rourke - Req. City Mgr. have proper department conduct a parking meter audit of all meters to establish which meters work properly and which meters need repairs. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 12) In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke noted that there are some easy adjustments needed on the meters. 10.5. 2015 / 429 - C. Rourke - Req. City Mgr. report if bidders on City issued RFPs on public projects are required to use a certain percentage of Lowell residents in its workforce. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. Armand Hebert, registered speaker, addressed the Council regarding use of Lowell labor on public projects. C. Rourke noted that the work force in the City has enough talent to cover jobs. C. Mercier noted the residency requirements work in larger cities. C. Samaras commented on potential legal issues with the requirements. City Solicitor O’Connor noted that there should be some further research on the matter and a review of other ordinances. C. Belanger noted the need for jobs to be kept in Lowell. 10.6. 2015 / 430 - C. Rourke - Req. City Mgr. contact Massachusetts Dept. of Transportation and request clean-up of VFW Highway from Hunts Falls Rotary to Rourke Bridge. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Rourke noted the area is in total disrepair and in need of work and the State should be made aware of it. C. Kennedy noted that the Sherriff’s Department could be used to do some work as well. 10.7. 2015 / 431 - C. Rourke - Req. City Mgr. have proper department explore feasibility on installing a sidewalk on Pine Street between Westford Street and Princeton Blvd. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke noted that there was a safety concern by the neighbors. 10.8. 2015 / 432 - C. Rourke - Req. City Mgr. have proper department clean up the property located at 603 Chelmsford Street. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Rourke commented on the need to clean up premises that has been in disrepair for some time. Manager Murphy noted that there is a pending sale being held up by title issue that the City had resolved and that he will fast forward the transfer of the property. 10.9. 2015 / 433 - C. Rourke - Req. City Council dedicate new playground area at Gage Field in honor of Ben Hall-Masterson. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 12) In Council, seconded by C. Samaras, read and referred to Board of Parks. So voted. Melissa Desrouches and Jen Jen Masterson, registered speakers, addressed the Council regarding the play area and all fund raising being done by the Gage Field organization. C. Mercier commented on the organization and the efforts in the matter. Motion to amend by referring matter to the Board of Parks by C. Rourke, seconded by C. Milinazzo. So voted. Motion to adopt amended motion to refer to Board of Parks by C. Mercier, seconded by C. Belanger. So voted. 10.10. 2015 / 434 - C. Kennedy - Req. City Mgr. provide City Council with a semi-annual report regarding downtown vacancies and leasing activities. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Kennedy noted it was a reminder motion to Manager as to statutory requirement to report on the state of the downtown in the City. C. Leahy commented on recent vacancies. Manager Murphy noted that some business close quickly without notice to the City. 10.11. 2015 / 435 - C. Kennedy - Req. City Mgr. take necessary steps to have Lowell join Next Century Cities and provide Council with report on benefits of joining that coalition. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. C. Kennedy noted motion came about as a result of an email received by all members and commented that there may be some benefits to the organization including the sharing of information. 10.12. 2015 / 436 - C. Leahy - Req. City Mgr. have proper department repair road from 671 Varnum Avenue to Totman Road. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy noted the road was getting worse and needs attention. Manager Murphy commented that it was an expensive fix and that they are searching for funding so that it is done correctly at the outset. 10.13. 2015 / 437 - C. Leahy - Req. City Mgr. update City Council as to the progress with Mark One Company on Sprague Avenue. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy requested the update as the issues still remain. Manager Murphy noted the City would be taking a more aggressive approach with the owners. 10.14. 2015 / 438 - C. Leahy - Req. City Mgr. update Council regarding conventions and major events happening in the City of Lowell. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 12) In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy noted the need to get information out to all people regarding events. C. Belanger commented on the procedure for large events and important to let businesses know and to get their feedback. C. Belanger requested reports on the economic impacts on the City regarding these events. C. Milinazzo commented the need to partnership with management companies in the City so that working under same guidelines and goals. 10.15. 2015 / 439 - C. Samaras - Req. City Mgr. work with Chair of the Green Building Commission to develop an educational budget. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras requested increase of budget money to achieve their goals. Manager Murphy noted that should not be a problem. 10.16. 2015 / 440 - C. Samaras - Req. City Mgr. have City Events Coordinator recreate “Family Fair Day” as a 4th of July event. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Samaras commented on the Family Fair from prior years and that it should be revitalized. M. Elliott noted the upcoming Veteran Health Summit. C. Rourke commented on the departure of Father Dwight Hoeberechts from the City and thanked him for his service as the Fire Department Chaplin. Father Dwight Hoeberechts was present and thanked the Council. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Mercier, seconded by C. Martin. 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