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: Aug 25, 2015 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2015 / 506 - Minutes of City Council Meeting August 11th; Transportation SC August 11th, for acceptance. Roll Call showed 9 present. Mayor Elliott presiding. C. Mercier requested moment of silence in darkened chamber for Arlene Cox and Lindsey Hubert. C. Martin requested moment of silence in darkened chamber for Jacqueline Britton. 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 #6.4 out of order by C. Rourke, seconded by C. Milinazzo. So voted. CITY AUDITOR 2. - CITY AUDITOR 2.1. 2015 / 519 - Communication - Year-End Status and Auditor's Office Recommendations. In Council, Motion “To refer report and recommendations to City Manager and Temporary Auditor” by C. Mercier, seconded by C. Martin. So voted. Auditor York commented on matters being addressed for year end and noted the need for assistance in the office to finish certain tasks. Ms. York commented on her tenure in the City and thanked the body. C. Mercier noted accomplishments of the Auditor. M. Elliott commented the need for an interim Auditor as the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 13) Assistant Auditor was not willing to move up to that position. Motion by C. Mercier, seconded by C. Samaras to appoint Robert Healy as Temporary Auditor. Adopted by Roll Call vote 9 yeas. So voted. Manager Murphy noted that Mr. Healy would no longer be a consultant for the City so that he could take the interim position. M. Elliott thanked City Auditor for her service. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2015 / 501 - Loan Order-High School Feasibility Study ($2,000,000) In City Council, Given 2nd Reading. Public hearing held. Adopted per Roll Call vote. Speaking in favor was Armand Hebert, Steve Gendron and Brian Martin. No remonstrants. C. Samaras noted the need and effort to get project underway. C. Belanger commented on the best use of land study to be used. Manager Murphy noted proposals are forthcoming regarding land use studies. M. Elliott noted amount is about 80% reimbursable. 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 3.2. 2015 / 359 - Ordinance-Amend Zoning 21 W. Adams St-Extend TMF Zone In City Council, Given 2nd Reading. Public hearing opened. Motion to continue matter to October 6, 2015 at 7 PM by C. Milinazzo, seconded by C. Rourke. So voted. C. Martin abstained from discussion and vote on the matter. 3.3. 2015 / 422 - Ordinance-Amend C.266-59 (Parking prohibited during certain hours) In City Council, Given 2nd Reading. Public hearing held. Adopted on Roll Call vote. Speaking in favor was Atty. James Flood representing the petitioner. No remonstrants. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 13) 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 x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 3.4. 2015 / 503 - Ordinance-Quarterly Traffic Ordinance In City Council, Given 2nd Reading. Public hearing held. Adopted by Roll Call vote. No remonstrants. 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 UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2015 / 455 - National Grid/Verizon NE – Request installation of one (1) pole Willie Street. In City Council, Given 2nd Reading. Public hearing held. No remonstrants. Souir Eing was present for National Grid. C. Mercier questioned if location was moved based on neighbor City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 13) request. Manager Murphy noted the parties had met and reached an agreement. C. Milinazzo noted the parties were not present. C. Kennedy questioned the location. Motion by C. Martin, seconded by C. Leahy to refer to Wire Inspector for report and recommendation. So voted. 4.2. 2015 / 489 - 186 Communications, LLC (Waveguide) - Request permission to install underground conduit at Westford St. and Technology Drive. In City Council, Given 2nd Reading. Public hearing held. No remonstrants. Megan Bombert was present for 186 Communications, LLC. Motion by C. Samaras, seconded by C. Rourke to refer to Wire Inspector for report and recommendation. So voted. Motion to Suspend Rules to introduce Mayor’s item regarding Miss Cambodian American Pageant by C. Mercier, seconded by C. Milinazzo. So voted. Organizers of the pageant were present and outlined the event and fundraising portion of it. Some contestants were present and introduced themselves to the body. Under suspension of the rules Susan Griffin of National Grid made a presentation to the Council regarding double poles in the City. C. Leahy noted the report and questioned certain markings on poles. Ms. Griffin noted the challenges to removing poles and that the company was increasing crews and commitment to the process. C. Kennedy commented on the coordination of the City and the company regarding the process. C. Mercier requested report regarding length of stay of poles. C. Leahy noted the City had gone wireless with fire alarms and that there should be no more boxes to deal with. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2015 / 528 - Motion Responses: (A) Motion Response - Efficiency Funds to Benefit Lowell Users (B) Motion Response - Ordinance Enforcement on Main and Canada Streets (C) Motion Response - Progress with Mark One Company (D) Motion Response - Status of 234 University Ave Informational Reports: (E) Informational - Bond Sale (F) Informational - EVID Grant (G) Informational - FiOS Letter of Support (H) Informational - Tourism in Lowell (I) Informational - Treasurer's Office LowellSTAT Report (J) Informational - Year to Date Sick, Vacation Buy Back City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 13) In Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. C. Kennedy commented on Motion Response A regarding Efficiency Funds noting the report and the time involved with the process. C. Leahy commented on Motion Response C. regarding Mark One Company noting disappointment with what is available to the City to enforce issues. Eric Slagle (Inspectional Services) noted the steps that have been taken. C. Martin commented on Motion Response D regarding 234 University Ave. noting the need for a plan to move forward. Mr. Slagle noted the issue with ownership of the building effecting what can be done. Manager Murphy noted the premises will continue to be monitored. C. Milinazzo commented on Informational Report E regarding bond sales noting the positive report and approach. C. Belanger commented on Informational Report G regarding FIOS noting the need for another carrier in Lowell. C. Mercier noted the need to attempt to get competition in place. C. Samaras noted the need for Council to act to reduce costs. C. Martin noted the trend for cities to build own network. C. Leahy noted the effort on part of City. C. Leahy commented on Informational Report H regarding tourism noting the report of the Visitors’ Bureau. 5.2. 2015 / 531 - Communication-Reappoint Jason Hantzis, Vandoeun Pech, Dahvy Tran (Lowell Cultural Council) In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Kennedy. So voted. 5.3. 2015 / 532 - Communication-Appoint Craig Kelly (Board of Health) Temporary position In Council, read and adopted. Mr. Kelly was present. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 13) Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.4. 2015 / 517 - Communication - City Mgr. request Out of State Travel (1) Library; (1) 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 / 522 - Vote-Auth CM Ex. License Agreement VYO-Boston Inc. (parking portion 740 Aiken St) church parking for congregation In Council, read twice and adopted. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 13) Rourke, Daniel P. x Samaras, William x 6.2. 2015 / 525 - Vote-Auth Mgr. Ex. Lease (Verizon Wireless) 965 Bridge St. Gage Field- Communication Equipment In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. So voted. C. Milinazzo noted where money was to be used. City Solicitor O’Connor commented on legality of earmarking funds. Manager Murphy noted he would be wary of the area where the funds could be used. 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 6.3. 2015 / 526 - Vote-Apply/Accept/Expend FY16 MassWorks Infrastructure Grant ($6M) Hamilton Canal District In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. C. Belanger noted the prior applications for the grants. Manager Murphy noted this was the second run on the grants. C. Belanger commented on construction of temporary service lot in area. Craig Thomas (DPD) noted the need to address the temporary lot in order to stay eligible for State money. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 13) 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 6.4. 2015 / 527 - Vote-Accept Gift ($30,000) from The Friends of Gage Field In Council, read twice and adopted. C. Rourke noted efforts with the fundraising and recognized the members of the Gage Field Committee. The Committee presented the check to the Mayor and the City commenting on their work and their partnerships with different organizations. Ron Lassman of the Lowell Commission on Disability addressed the Council and commented on their involvement. 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 6.5. 2015 / 529 - Vote-Transfer ($88,000) for costs associated with Hamilton Canal District (advertisement, various professional services) and appraisals. In Council, read twice and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 13) 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 6.6. 2015 / 530 - Vote-Adopt and Approve the Hazard Mitigation Plan for the Northern Middlesex Region-2015 Update In Council, read twice and Motion to refer to Public Hearing on September 22, 2015 at 7PM and by C. Belanger, seconded by C. Kennedy. So voted. Motion to refer matter to Flood Issues SC before public hearing by C. Rourke, seconded by C. Samaras. So voted. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2015 / 521 - Order-Abandon portion Edgewood Street In Council, Given 1st Reading and Motion to refer matter to Public Hearing on September 8, 2015 at 7 PM by C. Leahy, seconded by C. Martin. So voted. 7.2. 2015 / 524 - Order-60 day trial In Council, read twice and adopted. Motion to “waive full reading” by C. Mercier, seconded by C. Milinazzo. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 13) 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 8. - ORDINANCES FROM THE CITY MANAGER 8.1. 2015 / 523 - Ordinance-Amend Article VI s.272-87 "Annual Sewer Use Charge" In Council, Given 1st Reading and Motion to refer matter to Public Hearing on September 8, 2015 at 7 PM by C. Belanger, seconded by C. Kennedy. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 9. - REPORTS (SUB / COMMITTEE, IF ANY) 9.1. 2015 / 515 - Parks & Recreation SC August 25, 2015. In City Council, C. Mercier presented the report noting the purpose of the meeting and outlining attendance commenting on work being done to upgrade Mulligan Park and Gage Field Playground. Motion to accept the report as a report of progress by C. Rourke, seconded by C. Samaras. So voted. C. Milinazzo noted Transportation SC will meet October 6, 2015 to discuss Lord Overpass. C. Leahy commented that the Robinson family was thankful for the memorial dedication. Motion by C. Kennedy, seconded by C. Rourke to suspend rules to take items #9.2 to 9.6 inclusive as one. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 13) 9.2. 2015 / 424 - Wire Insp. - National Grid/Verizon NE – Request relocation of (2) poles at Shaffer Street. In Council, Motion to accept and adopt accompanying report by C. Kennedy, seconded by C. Rourke. So voted. 9.3. 2015 / 456 - Wire Insp. - National Grid/Verizon NE – Request relocation of one (1) pole Ursula Street. In Council, Motion to accept and adopt accompanying report by C. Kennedy, seconded by C. Rourke. So voted. 9.4. 2015 / 457 - Wire Insp. - National Grid/Verizon NE – Request installation of one (1) pole, strut guy and anchor Grand Street. In Council, Motion to accept and adopt accompanying report by C. Kennedy, seconded by C. Rourke. So voted. 9.5. 2015 / 458 - Wire Insp. - National Grid/Verizon NE – Request installation of one (1) pole and anchor East Merrimack Street. In Council, Motion to accept and adopt accompanying report by C. Kennedy, seconded by C. Rourke. So voted. 9.6. 2015 / 459 - Wire Insp. - National Grid – Request installation of 30'+/- of secondary conduit at corner of Bartlett and Fayette Streets. In Council, Motion to accept and adopt accompanying report by C. Kennedy, seconded by C. Rourke. So voted. PETITIONS 10. - PETITIONS 10.1. 2015 / 507 - Claim - (1) Property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Kennedy, seconded by C. Belanger. So voted. 10.2. 2015 / 516 - Misc. - Annadory Castillo request installation of (1) handicap parking sign at 869 Bridge Street #30. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 13) In Council, read and Motion to refer to Traffic Engineer for report and recommendation by C. Martin, seconded by C. Leahy. So voted. 10.3. 2015 / 518 - Misc. - Howard Manoian request to address the City Council regarding Inspectional Services. In Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. The petitioner was not present at meeting. Motion to suspend rules by C. Samaras, seconded by C. Rourke to address prior motion submitted by C. Samaras regarding safety equipment. So voted. C. Samaras commented on his concern and the need for equipment to be updated so to meet the needs of each applicable department. CITY COUNCIL - MOTIONS 11. - CITY COUNCIL - MOTIONS 11.1. 2015 / 508 - C. Leahy/C. Kennedy - Req. City Mgr. and Engineer Department update Council regarding 2015 paving schedule. In Council, no second needed, read and referred to City Manager and Engineering Department. So voted. C. Leahy noted the need to increase the paving every year so that more roads are completed. C. Kennedy noted the use of a master list would be beneficial. Manager Murphy noted the need for a comprehensive report. 11.2. 2015 / 509 - C. Martin - Req. City Mgr. provide update on the status of the petition to abandon Worcester Road (filed June 23, 2015 meeting). In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Martin noted the objection of the Engineering Department and requested they work with the petitioner to see if some solution can be obtained. 11.3. 2015 / 510 - C. Mercier - Req. City Mgr. find ways and means to have C Street paved and sidewalk repaired. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted the petition from the neighborhood and presented to Manager Murphy. C. Leahy commented on the petition. 11.4. 2015 / 512 - C. Samaras - Req. City Mgr. meet with the State delegation to begin to City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 13 of 13) discuss a plan for the replacement of the temporary Rourke Bridge. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted the bridge is an important element for many different areas in the City. C. Kennedy noted NMCOG is in the process of doing a study regarding the bridge. C. Rourke noted the need for repairs on the bridge before winter weather sets in. 11.5. 2015 / 513 - C. Belanger - Req. City Mgr. update Council regarding hiring of new Health Director. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Belanger requested update. Manager Murphy commented on the process and the panel that will be used to interview candidates. C. Milinazzo noted possible conflict with the discussion. 11.6. 2015 / 514 - C. Belanger - Req. City Mgr. explore the possibility of including a hotel as part of the Hamilton Canal District RFQ. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Belanger noted the need for a hotel in terms of increased business in the City. 11.7. 2015 / 520 - C. Belanger - Req. City Council refer to Substance Abuse SC the recent opiate overdose informational report published by Lowell Sun indicting Lowell ranking sixth in State for opiate related deaths. In Council, seconded by C. Samaras, read and referred to Substance Abuse SC. So voted. C. Belanger noted the number was significant and needs constant attention. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Kennedy, seconded by C. Leahy. So voted. Meeting adjourned at 9:10 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov