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: Sep 08, 2015 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2015 / 547 - Minutes of City Council Meeting August 25th; Parks & Recreation SC August 25th, for acceptance. Roll Call showed 9 present. Mayor Elliott presiding. C. Mercier requested moment of silence in darkened chamber for JoAnn O’Brien. In City Council, minutes read, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 2015 / 521 - Order-Abandon portion Edgewood Street In City Council, Given 2nd Reading. Public hearing held. No Remonstrants. Atty. George Theodorou (for petitioner) addressed the Council regarding the matter. Motion to refer matter to Clerk’s Office for 7 days by C. Milinazzo, seconded by C. Leahy. So voted. 2.2. 2015 / 523 - Ordinance-Amend Article VI s.272-87 "Annual Sewer Use Charge" In City Council, Given 2nd Reading. Public hearing held. Adopted on Roll Call vote 6 yeas, 2 present (C. Mercier, M. Elliott), 1 absent (C. Martin). No remonstrants. 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. Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x COMMUNICATIONS FROM THE CITY MANAGER 3. - COMMUNICATIONS FROM THE CITY MANAGER 3.1. 2015 / 556 - Motion Responses (A) 2015 Paving Schedule Update (B) Banning Unmanned Aerial Vehicles or Drones (C) CBA Consolidation Project (D) Eagle Park Surveillance (E) Municipal Lien Auction (F) Request Mass DOT Clean- up of VFW Highway In Council, Motion “To accept and place on file” by C. Belanger, seconded by C. Kennedy. So voted. C. Leahy commented on Motion Response A regarding 2015 paving update noting the use of WRAP money as being a good model to move forward on as well as adjusting index for future paving. C. Martin noted that the Council gets many calls regarding paving and that more information should be shared with the public. Lisa Demeo (Engineer) noted the list can be published but there are often changes that are made depending on funding. Manager Murphy commented on the funding and how it is spent. C. Milinazzo questioned the process to pay contractors and using them if they perform poorly. C. Kennedy commented on documentation that goes along with supervising jobs as part of quality assessment. Ms. Demeo noted the forms used by the State to address that issue. City Solicitor O’Connor commented on documents use on reviews of job performance. C. Kennedy questioned the amount of contractors for the City and was informed that there are 3-4 different ones. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) Motion by C. Mercier, seconded by C. Milinazzo to suspend rules to take item #8.4 out of order. So voted. C. Mercier commented on Motion Response B regarding the use of drones in the City noting the draft ordinance. Manager Murphy noted that they are waiting for final FAA regulations on the matter before finalizing the ordinance. C. Leahy questioned some of the draft language. C. Samaras questioned the use of drones at events. C. Belanger commented on Motion Response D regarding Eagle Park surveillance noting it was good for the park and the City. C. Mercier commented on municipal lien auction noting the tax titles being cleared up. C. Kennedy requested there be an aggregate report for total of all auctions thus far and noted that the amount would be significant. M. Elliott commented on Motion Response F regarding MassDot clean up on VFW Highway noting the improvement. Motion by C. Kennedy, seconded by C. Mercier to take items #3.2, 3.3 and 3.4 together and accept all and place on file. So voted. 3.2. 2015 / 533 - Communication-Accept resignation of Luis Lobao-Green Building Commission In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Kennedy. So voted. 3.3. 2015 / 534 - Communication-Accept resignation of Julia Hans-Green Building Communication In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Kennedy. So voted. 3.4. 2015 / 535 - Communication-Accept resignation of Paulette Renault-Caragianes In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Kennedy. So voted. 3.5. 2015 / 536 - Communication-Reappt. Craig Kelly (Board of Health) to fill vacant position created by resignation of Paulette Renault-Caragianes In Council, read and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) 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 3.6. 2015 / 537 - Communication-Appoint Eric Lamarche-Council on Aging 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 Rourke, Daniel P. x Samaras, William x 3.7. 2015 / 553 - Communication-Appoint Laura Frye-Lowell Cultural Council In Council, Motion “To accept and place on file” by C. Kennedy, seconded by C. Belanger. So voted. Manager Murphy introduced Ms. Frye who was present and thanked the Council. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) 3.8. 2015 / 551 - Communication - City Manager request Out of State Travel (2) LPD; (2) DPD. In Council, read and adopted. C. Martin recognized Mr. Shanahan, the Building Inspector, receipt of an award as part of the travel request. C. Leahy noted the work done in the department. 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 4. - VOTES FROM THE CITY MANAGER 4.1. 2015 / 554 - Vote-Amend Access License Agreement-1 Kyan Street In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) ORDINANCES FROM THE CITY MANAGER 5. - ORDINANCES FROM THE CITY MANAGER 5.1. 2015 / 555 - Ordinance-Amend Ch. 56.2 entitled Personnel-positions enumerated- LRWWU Electrician In Council, Given 1st Reading and Motion to refer matter to Public Hearing on September 22, 2015 at 7 PM by C. Belanger, seconded by C. Kennedy. So voted. C. Milinazzo noted correction of wording in the document. REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) 6.1. 2015 / 549 - Public Safety SC September 8, 2015. In City Council, C. Rourke presented the report noting the purpose of the meeting and outlining attendance commenting on the Regional 911 Dispatch Center and the use of Tasers by the LPD. C. Rourke noted the discussion centered on the benefits/negatives surrounding joining the regional dispatch unit and the future use of Tasers by the LPD. Motion by C. Rourke, seconded by C. Belanger to adopt recommendation of the Administration to not enter into an agreement to become part of the Regional 911 Dispatch Center. Adopted by Roll Call vote, 9 yeas. So voted. Motion to accept the report as a report of progress by C. Samaras, seconded by C. Rourke. So voted. C. Mercier noted that the new scoreboard had been installed at Cawley Stadium in time for opening game and thanked the group for making that happen. M. Elliott opened discussion about resumes that had been submitted for the Auditor position requesting to set some deadlines as part of interview process. C. Mercier noted the prior process for the selection. C. Belanger noted that the search may have to be expanded. C. Leahy noted the resumes were just made available. Motion by C. Kennedy, seconded by C. Belanger to have Clerk poll the body regarding whether to re-advertise the position or to move forward and make selections of persons to be interviewed. So voted. PETITIONS 7. - PETITIONS 7.1. 2015 / 550 - Claims - (2) Property. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) In Council, read and Motion to refer to Law Department for report and recommendation by C. Leahy, seconded by C. Martin. So voted. 7.2. 2015 / 548 - National Grid – Request installation of one (1) pole Oak Avenue. In Council, Given 1st Reading and Motion to refer matter to Public Hearing on September 22, 2015 at 7 PM by C. Mercier, seconded by C. Milinazzo. So voted. CITY COUNCIL - MOTIONS 8. - CITY COUNCIL - MOTIONS 8.1. 2015 / 538 - C. Mercier - Req. City Mgr. have proper department post 3 signs stating “No Parking During Snow Emergencies” across from 90 E. Roper Street. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Mercier noted the problem in the area and that it is a safety issue during snow storms. 8.2. 2015 / 539 - C. Mercier - Req. City Mgr. have proper department increase enforcement of any applicable codes on constant unruly neighbors who are disrupting the quality of life in the neighborhood. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted that any department that needs to be involved should be involved and stated examples of violations noting the responsibilities of the landlords. M. Elliott commented on the use of tracking data and information. Manager Murphy noted the use of E-Gov system by the City. C. Leahy noted that the administration is dealing with the worst offenders. C. Belanger noted the number of complaints regarding enforcement. 8.3. 2015 / 540 - C. Mercier - Req. City Mgr. provide an update/summary of the types of events booked by the Lowell Memorial Auditorium. In Council, seconded by C. Martin, read and referred, as amended, to City Manager. So voted. C. Mercier commented on the types of events at the Auditorium and that there seems to be no spin-off to the downtown. C. Belanger commented on the lack of business in the area and that the management at the Auditorium should be made aware of that. Motion by C. Belanger, seconded by C. Kennedy that the report includes events at the Tsongas Arena as well. So voted. Motion by C. Mercier, seconded by C. Martin to refer matter as amended to City Manager. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) 8.4. 2015 / 541 - C. Samaras/C. Mercier - Req. City Council go on record to vote in favor of a resolution in support of State divestment of fossil fuels. In Council, no seconded needed, read and resolution in support of Senate Bill 12-25 be drafted and referred to City Manager. So voted. The following registered speakers addressed the Council: Marisa Shea; Peter Lovett; Jay Mason; Derek Pelotte; and John Grossman. C. Mercier commented on the efforts by the City to reduce use of fossil fuels and that this resolution supporting Senate Bill 12-25 should be part of that. C. Samaras noted the resolution effects divestment of State funds and that the delegation should be made aware of same. Motion by C. Kennedy, seconded by C. Mercier to state that the resolution is in support of Senate Bill 12- 25 specifically. Adopted by Roll Call vote, 8 yeas, 1 nay (C. Martin). So voted. Motion by C. Kennedy, seconded by C. Mercier to refer resolution as amended to City Manager. Adopted by Roll Call vote, 8 yeas, 1 nay (C. Martin). So voted. C. Kennedy noted that resolution should be specific to bill and not stated in general terms. C. Martin noted concern regarding speaking on such a general issue, while recognizing the passion involved he was concerned that such a vote would have no impact on the issue. C. Martin noted the City has done its share regarding the issue and there may be a hint of hypocrisy with the position. C. Samaras supported the amendment as it address the issue directly. C. Mercier noted the discussion of this kind of issue is what democracy is about. M. Elliott relinquished Chair to Vice Chair Leahy at 7:35 PM. M. Elliott noted that he was an employee of EPA and was not speaking for that group but it was important for citizens to have a voice at the local level. C. Milinazzo commented that the bill should be part of the record procedurally. Manager Murphy responded that the vote would be part of the record. Motion by C. Rourke, seconded by C. Samaras to suspend rules and take item #8.9 out of order. So voted. C. Leahy returned Chair to M. Elliott at 7:50 PM. 8.5. 2015 / 542 - C. Samaras - Req. City Mgr. provide update regarding lighting in the downtown. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras requested update. 8.6. 2015 / 543 - C. Samaras - Req. City Mgr. request Supt. of LPD evaluate the worth of expanding the use of security cameras in the downtown and neighborhood business districts. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Samaras commented on the need for added security cameras downtown and in neighborhood business districts. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) 8.7. 2015 / 546 - C. Samaras - Req. City Mgr. provide an update on the status of Merrimack, Moody, Market and Salem Street neighborhood in regards to improvement efforts or plans to be made in accordance with my previous motion. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Samaras noted the need to open up the lines of communication to assess needs for the area and further noted an upcoming meeting regarding the area and requested feedback after that meeting. 8.8. 2015 / 544 - C. Leahy/M. Elliott - Req. City Mgr. have proper department explore the possibility of redesigning the intersection of Moore/Gorham Streets. In Council, no second needed, read and referred to City Manager. So voted. C. Leahy noted the need to look at the area in terms of traffic and its effect on the area businesses. M. Elliott commented on the need to assist the small business in the area. 8.9. 2015 / 545 - M. Elliott - Req. City Council vote to adopt a resolution calling upon Verizon Fios to deploy Fiosm high-speed internet technology, in the City of Lowell, to support economic growth and enhance the lives of Lowell residents. In Council, seconded by C. Mercier, read and resolution adopted and referred to City Manager. So voted. M. Elliott commented on the need for the service and the benefits of competition. Registered Speaker, Lee Gitschier, addressed the Council. C. Belanger noted the need to beat the monopoly that exists in the City. C. Rourke commented that it is getting closer to having Verizon in the City. C. Kennedy noted that surrounding towns should be invited to join in the request. C. Mercier noted the need for competition C. Rourke commented on the added money available for snow removal. C. Mercier commented on upcoming Easter Seals event. M. Elliott commented on upcoming ART UP program. ADJOURNMENT 9. - Time for meeting to stand adjourned. Motion to Adjourn by C. Samaras, seconded by C. Rourke. So voted. Meeting adjourned at 8:55 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov