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 28, 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 / 453 - Communication - Appointment of Dominique Rivera (Mayor's Designee) to Immigration Assistance Commission. Roll Call showed 9 present. Mayor Elliott Presiding. C. Milinazzo requested moment of silence in darkened chamber for Brendan T. Durkin. M. Elliott appointed Dominique Rivera as his designee to the Immigration Assistance Commission. Ms. Rivera was present and thanked the Council. CITY CLERK 2. - CITY CLERK 2.1. 2015 / 442 - Minutes of City Council Meeting July 14th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Belanger, seconded by C. Kennedy. So voted. Motion to Suspend Rules to take item #9.3 out of order by C. Rourke, seconded by C. Samaras. So voted. Motion to Suspend Rules to take item #10.18 out of order by C. Mercier, seconded by C. Martin. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 12) M. Elliott relinquished Chair to Vice Chair Leahy at 6:55 PM. C. Leahy returned Chair to M. Elliott at 7:25 PM. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2015 / 359 - Ordinance-Amend Zoning 21 W. Adams St-Extend TMF Zone In City Council, Given 2nd Reading. Motion to waive full reading by C. Rourke, seconded by C. Samaras. So voted. Public hearing opened. No remonstrants. Motion to continue public hearing to August 25, 2015 at 7PM to allow hearing before Planning Board by C. Milinazzo, seconded by C. Mercier. So voted. UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2015 / 424 - National Grid/Verizon NE – Request relocation of (2) poles at Shaffer Street. In City Council, Given 2nd Reading. Public hearing held. No remonstrants. C. Leahy noted that National Grid was not present and that the company should be more responsive to request by the City. Motion to recess hearing by C. Leahy, seconded by C. Mercier. So voted. Motion to Suspend Rules to take item #5.2 out of order by C. Mercier, seconded by C. Rourke. So voted. Motion to Suspend Rules to take item #5.3 out of order by C. Mercier, seconded by C. Rourke. So voted. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2015 / 480 - Motion Responses: (A) Motion Response - Streamline Process of Field Permitting (B) Motion Response - Clean-up of 603 Chelmsford St. (C) Motion Response - Parking Meter Audit (D) Motion Response - Educational Budget for Green Building Commission (E) Motion Response - Presentation from MassDOT Officials RE: Realignment and Reconstruction of VFW/Bridge St. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 12) In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Belanger. So voted. C. Milinazzo commented on Motion Response A regarding field permitting commenting on the software being put in place to help with scheduling and permitting. Peter Faticanti (Parks & Recreation) commented on the time line for the software. C. Rourke commented on Motion Response B regarding clean-up on Chelmsford Street noting the improvement of the property and the effect on the neighbors. Manager Murphy stated he would provide Council with list of property that need that type of clean-up. M. Elliott noted the improvement in the area. C. Samaras commented on Motion Response D regarding budget funding and noted the positive use of the money. Manager Murphy introduced MassDOT representatives to comment on Motion Response E regarding intersection at VFW/Bridge Street upgrade. MassDot gave quick review of the project including the time frame and costs. C. Kennedy questioned the new traffic design and the improvements. C. Leahy noted the need for extra lanes going into the intersection. C. Martin questioned what would be better and different with the intersection. M. Elliott recommended sending to Transportation SC for more extensive review. Motion by C. Leahy, seconded by C. Martin to refer to Transportation SC for further discussion and presentation. So voted. Manger Murphy noted there would be a more extensive presentation at the subcommittee meeting. 5.2. 2015 / 467 - Communication-Appoint James P. Ostis-Lowell Cultural Council In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Mercier. So voted. Mr. Ostis was present and thanked the Council. 5.3. 2015 / 476 - Communication-Appoint Ericka Haddad, Kyle Van, William Flanagan, Geraldine Lantigua, Robert Hornbaker, Roland Cartier, Jr., and John MacDonald to Veterans Commission In Council, read and adopted. The appointments were present and thanked the Council for the opportunity. Eric Lamarche (Veteran Agent for City) commented he was looking forward to working with the Commission. 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 5.4. 2015 / 454 - Communication - City Mgr. request approval of Out of State Travel (2) DPD. 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 / 468 - Vote-License Agreement (overhanging sign) 1981 Ramen Bar, LLC (129 Merrimack St) 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 5 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 x Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.2. 2015 / 469 - Vote-License Agreement (overhanging sign) Godwin's African Market (134 Merrimack St) In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, 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 ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2015 / 471 - Order-60 day trial (various) In Council, read twice and adopted. Motion to “waive full reading” by C. Samaras, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 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 REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2015 / 448 - Transportation SC July 28, 2015. In City Council, C. Milinazzo presented the report noting the purpose of the meeting and outlining attendance commenting on the efforts by the commission to develop Lowell Complete Street Policy and the process to get that adopted by the Council. C. Milinazzo noted that the subcommittee recommends sending the Vote to Adopt Complete Street Policy to public hearing on August 11, 2015. Motion by C. Milinazzo, seconded by C. Rourke to refer Vote to public hearing on August 11, 2015. So voted. C. Leahy noted that there should be an attempt to use grant money for maintenance of streets. Motion to accept the report as a report of progress by C. Rourke, seconded by C. Samaras. So voted. C. Milinazzo requested Transportation SC be scheduled for August 11, 2015 at 5:30 PM to discuss MassDot presentation regarding VFW/Bridge Street intersection. PETITIONS 9. - PETITIONS 9.1. 2015 / 443 - Claims - (2) Property; (2) Personal Injury. In Council, read and Motion to refer to Law Department for report and recommendation by C. Belanger, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 12) 9.2. 2015 / 449 - Misc. - Penny Cartier request installation of (1) handicap parking sign at 71 Lauriat Street. In Council, read and Motion to refer to Traffic Engineer for report and recommendation by C. Rourke, seconded by C. Milinazzo. So voted. 9.3. 2015 / 450 - Misc. - Trustees of Riverside Townhouses Assoc. request to address City Council regarding installation of a sound barrier along train tracks the need of which resulted from the clearing of property by the Charter School on Middlesex Street. In Council, read and Motion to refer to City Manager to facilitate a meeting between all concerned parties by C. Mercier, seconded by C. Milinazzo. So voted. Trustees of the Riverside Townhouses Association (Stephen Moses, Christian Troix Bettencourt and Adam Dunbar) all addressed the Council regarding the issue with their property. C. Mercier noted that the Charter School does not own the property in question but is willing to be part of the solution as a good neighbor. Motion by C. Kennedy, seconded by C. Mercier to take items #9.4 to #9.8 inclusive as one and to refer all matters to Public Hearing on August 11, 2015 at 7PM. So voted. 9.4. 2015 / 455 - National Grid/Verizon NE – Request installation of one (1) pole Willie Street. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on August 11, 2015 at 7 PM by C. Kennedy, seconded by C. Mercier. So voted. 9.5. 2015 / 456 - National Grid/Verizon NE – Request relocation of one (1) pole Ursula Street. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on August 11, 2015 at 7 PM by C. Kennedy, seconded by C. Mercier. So voted. 9.6. 2015 / 457 - National Grid/Verizon NE – Request installation of one (1) pole, strut guy and anchor Grand Street. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on August 11, 2015 at 7 PM by C. Kennedy, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 12) 9.7. 2015 / 458 - National Grid/Verizon NE – Request installation of one (1) pole and anchor East Merrimack Street. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on August 11, 2015 at 7 PM by C. Kennedy, seconded by C. Mercier. So voted. 9.8. 2015 / 459 - National Grid – Request installation of 30'+/- of secondary conduit at corner of Bartlett and Fayette Streets. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on August 11, 2015 at 7 PM by C. Kennedy, seconded by C. Mercier. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2015 / 444 - C. Kennedy - Req. Mayor prepare City Council resolution endorsing the United States bid for the 2024 Summer Olympics in Boston. In Council, withdrawn by C. Kennedy as item is moot. 10.2. 2015 / 445 - C. Kennedy - Req. City Mgr. consider having the City administer Efficiency Funds accrued from the Community Choice Power Supply Program for the purpose of restricting the use of Efficiency Funds to Lowell users. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Kennedy commented on the savings from the energy plan and that there are funds available the City should try and administer for their purposes. C. Kennedy noted that the City could administer fund for other towns as well for a fee. C. Leahy supported the motion. 10.3. 2015 / 446 - C. Leahy - Req. City Mgr. explore possibility of having City purchase line striper for use on street markings. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy noted it could save costs. 10.4. 2015 / 447 - C. Leahy - Req. City Mgr. have proper department mark bus lane on Merrimack Street. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy noted the need for the markings. Manager Murphy agreed to get it done. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 12) 10.5. 2015 / 477 - C. Leahy - Req. Neighborhoods SC meet to discuss the use of placards versus the use of residential parking permits. In Council, seconded by C. Kennedy, read and referred to Neighborhoods SC. So voted. C. Leahy noted request came from Back Central Neighborhood group and noted the subcommittee could check how effective current system is. C. Mercier noted that the problem arises as there are more and more vehicles in the area. C. Kennedy noted the issue arises as well when the streets are narrow in the neighborhood. M. Elliott noted the time, effort and money used to implement the placard system and that it should be improved and not eliminated. C. Samaras noted the need to listen to the frustrations of the neighborhoods. Motion by C. Samaras, seconded by C. Rourke to take items #10.6, 10.13, and 10.16 concerning jaywalking together. So voted. 10.6. 2015 / 452 - C. Belanger - Req. City Council refer "Jaywalking" Ordinance to the Public Safety SC for review and discussion. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Belanger noted the need to improve enforcement to increase safety. 10.7. 2015 / 478 - C. Belanger - Req. City Mgr. have cosmetic repairs completed at 16 Hampshire Street (old Water Dept. building) and potentially provide surveillance to monitor Eagle Park. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Belanger noted the need for cosmetic cleaning to improve lot and to improve safety by using surveillance in the park. C. Leahy noted that perhaps a public/private endeavor would be suitable for the project. 10.8. 2015 / 460 - C. Mercier - Req. City Mgr. have Engineering Department make way to have Berry Road an accepted street in the City. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted the need to accept streets and commented that there seems to have less before them. C. Mercier noted the new development in the area and now would be the time to accept the street. C. Belanger noted the new project on the street and the need for improvement. 10.9. 2015 / 470 - C. Milinazzo - Req. City Mgr. have City Engineer update the City Council on the new parking lot paving regulations issued by DEP regarding storm water run-off. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 12) In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Milinazzo noted that there are regulations currently in place and there is still a need for more information regarding if there is any relief from them. 10.10. 2015 / 472 - C. Samaras - Req. City Mgr. report on what is being done to monitor the South Common and other parks after closing. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted the homeless problem in the park and the need to move them to more appropriate location. C. Belanger noted it was unfair to children to not make that park safe and that the park needed improvement. C. Mercier noted that the shelter should be used to help with this issue. 10.11. 2015 / 473 - C. Samaras - Req. City Mgr. notify National Grid regarding the temporary telephone pole that needs replacement on Highland Avenue. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Samaras noted the issue has been for over one year and that it continues to be a safety concern. C. Leahy commented on the lack of response by National Grid. 10.12. 2015 / 474 - C. Samaras - Req. City Mgr. request of State Delegation to override a veto by Governor Baker which cuts funds to the Massachusetts Cultural Council. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Samaras noted the need for funding for the arts. Manager Murphy noted that the Legislature is currently dealing with overrides. 10.13. 2015 / 475 - C. Samaras - Req. City Mgr. report on enforcement of City Ordinances, such as bicycling, skateboarding and jaywalking. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras commented on the problems and the need for further enforcement and education. 10.14. 2015 / 479 - C. Martin - Req. City Mgr. report on status of property at 234 University Avenue. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Martin noted there was fire damage to the building and that there is a need for a long term plan on the property. M. Elliott relinquished Chair to Vice Chair Leahy at 8:35 PM. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 12) 10.15. 2015 / 462 - M. Elliott - City Mgr. have City Engineer contact National Grid to repave section of Westford Street that was opened to install gas lines. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott commented on performance bonds and the need to do a better job on projects. Manager Murphy noted the area will be paved in accordance with a City scheduled. 10.16. 2015 / 464 - M. Elliott - Req. City Mgr. have Police Superintendent address jaywalking in the downtown. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. M. Elliott noted the increase of problems downtown and the need for stronger enforcement. C. Mercier commented on the attitude of some people downtown. C. Leahy noted the need to focus on who is violating the ordinance. Manager Murphy noted the penalties tied with the ordinance are slight. 10.17. 2015 / 465 - M. Elliott - Req. City Mgr. provide report on total expenditures this year for buy back sick/vacation. In Council, seconded by C. Belanger, read and referred to City Manager. So voted. M. Elliott noted the progress made with this liability and the further need to take cost savings measures. C. Kennedy requested that report provide any recommendations on any further measures. C. Milinazzo noted the need for information and commented on the need to protect existing long term employees. M. Elliott noted the need to have deficit protection measures. C. Martin noted the changes that have been made to reduce this liability. C. Leahy commented on caps on the school side. C. Leahy returned Chair to M. Elliot at 9:05 PM. 10.18. 2015 / 466 - M. Elliott - Req. City Mgr. have Police Superintendent report on regionalization of police/fire dispatch. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. M. Elliott commented for the need for an update noting that there does not seem to be much benefit to joining. Registered speakers, Lisa and Richard Demers, addressed the body. C. Rourke questioned status of the project. Manager Murphy noted that current proposal does not benefit City enough in terms of savings or representation. C. Mercier commented on public safety concern. M. Elliott noted concern on response time. C. Kennedy commented on need for efficient service weighed against cost savings in addition to the possibility of providing service to other towns for a fee. C. Belanger noted the need to look at service and safety. C. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 12) Samaras noted the promise of the Council to provide safety in the City. C. Rourke requested the fire and police department should add to the discussion. CITY COUNCIL - EXECUTIVE SESSION 11. - CITY COUNCIL - EXECUTIVE SESSION 11.1. 2015 / 461 - Executive Session - Under Exemption 6 - To consider the purchase, exchange, lease or value of real property if an open meeting may have a detrimental effect on the negotiating position of the City [Hamilton Canal District]. In Council, reason stated for session in public, stated the body would adjourn from executive session and roll call at 9:06 PM to enter executive session. 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 ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn in Executive Session by C. Mercier, seconded by C. Kennedy. So voted. Meeting adjourned at 9:55 PM from Executive Session. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov