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: Oct 06, 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 / 589 - Citation - Anabelle Pholy for new business "Elephant Angkor Cafe". Roll Call showed 9 present. Mayor Elliott presiding. C. Martin requested moment of silence in darkened chamber for former Mayor and City Council member Richard Howe. C. Mercier commented on Mr. Howe’s life and accomplishments. C. Martin requested moment of silence in darkened chamber for Justin Fisher and Victoria Valente who were accident victims. Mayor Elliott presented Citation to Ms. Pholy of the Elephant Angkor Café who was present and thanked the Council. CITY CLERK 2. - CITY CLERK 2.1. 2015 / 581 - Minutes of City Council Meeting September 22nd; Flood Issues SC September 22nd; Neighborhoods SC September 22nd, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. Motion to Suspend Rules by C. Milinazzo, seconded by C. Mercier to take Item #9.8 out of order. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 12) 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 second reading. Hearing opened. Atty. George Eliades representing the petitioner requested additional time to go before the Planning Board and to continue matter for a November meeting. No Remonstrants. Motion by C. Mercier, seconded by C. Kennedy to refer matter to Public Hearing on November 24, 2015 at 7PM. So voted. Motion to Suspend Rules to take Item #4.1J out of order by C. Rourke, seconded by C. Samaras. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2015 / 590 - Motion Responses: (A) Downtown Lighting (B) Corporate Sponsorships (C) Tax Revenue Municipal Lien Auction (D) Paving Schedule Intersection of Humphrey Street and Douglas Road (E) Redesign Intersection of Moore and Gorham Streets (F) Prepare Kerouac Park for Kerouac Festival (G) Plant Two Trees Corner Merrimack and Cabot Street (H) Mediate the Issue with Residents Concord River Walkway (I) Neighborhood Code Enforcement Informational: (J) Firearm Policy (K) Easements In Council, Motion “To accept and place on file” by C. Belanger, seconded by C. Kennedy. So voted. Manager Murphy commented on Motion Response A regarding downtown lighting noting that the lights are in place at specific areas. C. Belanger commented on Motion Response B regarding corporate sponsorship noting a meeting with UMass-Lowell and searching for sponsorship of Cawley Stadium. C. Samaras City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 12) commented on the need for funds and that a process has been identified for use of sponsorships. C. Kennedy commented on Motion Response C regarding tax revenue from municipal auctions noting the added revenue. C. Leahy commented on the positive effect of the auctions. C. Leahy commented on Motion Response D regarding paving noting the need to replace a water main before final paving of Humphrey Street. Ralph Snow (DPW) commented on the issue and Lisa Demeo (Engineer) also made note of sidewalk repair if needed. C. Mercier commented on Motion Response E regarding intersection at Moore and Gorham Streets noting the need to inform neighborhood of any changes. Ms. Demeo outlined areas of concern. C. Leahy commented on problems with the intersection. Manager Murphy informed Council that there would be neighborhood discussions. C. Martin commented on the history of that area and the need for change and to get out information to neighborhood. M. Elliott commented on Motion Response G regarding trees noting the need to replace some on Andover Street and Clark Road. Manager Murphy commented on the need on Wentworth Avenue as well. C. Mercier commented on Motion Response H regarding Concord River Walkway noting the report and pleased with progress. Eric Slagle (Insp. Services) commented on completion of project and meeting with the group of residents. C. Leahy commented on Motion Response I regarding neighborhood code enforcement indicating he was pleased with the approach of the department. C. Samaras noted the need to present information to the neighborhoods from the website and the Neighborhood Services Department. The following registered speakers addressed the Council regarding Informational item J regarding firearms: Arthur Perkins; Jean Peeples; Dannel Gannon; Shawn Clark; Geoff Pierson; Randy Breton; and Judy Lanthier. C. Mercier noted that peoples’ rights should not be taken from them and that the policy is unfair in that light. C. Belanger requested to hear from the Superintendent regarding the policy. Superintendent Taylor outlined the policy noting it is first change in a long period and that there was a need to ensure safety and protect rights. Supt. Taylor commented on the process used to make the modifications and outlined the changes. C. Mercier requested that the parties meet to try and reach common ground. M. Elliott relinquished Chair to Vice Chair Leahy at 8:36 PM. M. Elliott noted he wished there would be an attempt to reach a common solution as there are some individuals who have the right to own a gun. C. Leahy commented on license renewals. C. Milinazzo commented on the level of work done by the group developing the policy as being tremendous and stated he would be City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 12) favorable to seeing if common ground could be met. M. Elliott did not want to penalize law abiding citizens. C. Rourke stated the City was just attempting to ensure that law abiding citizens like the speakers were the ones getting the permits. C. Samaras thanked Superintendent for his presentation and noted he would support further review in an attempt to placate all parties. C. Kennedy commented on the amount of time spent on the matter and the need to meet the citizens and further noted that it is the Superintendent domain and no one else. Manager Murphy noted that they could take a further look at the issues. C. Belanger noted the necessity of training in this area to ensure proper people are licensed. Manger Murphy recommended that three individuals from the speakers be designated to meet with City to refine policy. Mr. Breton expressed he was not interested as he was not qualified to do so. Motion by M. Elliott, seconded by C. Mercier to refer matter to City Manager to set up meeting with group and administration to develop common ground concerning the firearms policy. So voted. C. Leahy returned Chair to M. Elliott at 9:10 PM. C. Mercier commented on Informational Item K regarding easements noting that certain votes in this Agenda will be covering those. Motion to Suspend Rules to take Item #5.6 out of order by C. Belanger, seconded by C. Kennedy. So voted. 4.2. 2015 / 594 - Communication-Appoint Kevin Fahy to Hunger Homeless Commission In Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Martin. So voted. Manager Murphy introduced Mr. Fahy who was present and thanked the Council. 4.3. 2015 / 582 - Communication - City Mgr. request Out of State Travel (1) LPD; (1) LFD. In Council, read and adopted. Motion to Suspend Rules to take Items #5.1 to 5.4 inclusive as one by C. Mercier, seconded by C. Samaras. 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 Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 12) Rourke, Daniel P. x x Samaras, William x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2015 / 596 - Vote-Auth City Manager Execute and Accept Easement from Lowell Housing Authority (Market Street Bridge) In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. 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 5.2. 2015 / 597 - Vote-Authorize City Manager Execute and Accept Easement from Enel Green Power North America Inc. (Market Street Bridge) In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. 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 x Martin Jr., William F. x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.3. 2015 / 600 - Vote-Authorize City Manager Execute Grant of Rights and Easements with Boott Hydropower, Inc. (temporary construction easement) In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. 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 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 / 601 - Vote-Authorize City Manager execute a Certificate of Donation Agreement with the Lowell Housing Authority In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. 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 5.5. 2015 / 602 - Vote-Apply/Accept/Expend $22,000 Grant-Council on Aging (Nutrition Program) In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Leahy. So voted. 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 Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.6. 2015 / 603 - Vote-Increase Cost of Living base for City of Lowell Retiree's In Council, read twice and adopted. Manager Murphy outlined the vote detailing the increase in costs. C. Mercier, C. Kennedy and C. Samaras did not participate in the discussion or vote on the matter and were not present in the Council Chamber. Joe Mahoney (Chair of the Retirement Board) noted the expenses and requested support from the Council. C. Martin questioned the ability to vote on matter as all members were part of the retirement system. City Solicitor O’Connor noted that the remaining members would be able to vote due to lack of City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 12) a direct connection with the issue. C. Belanger requested further information regarding increase in costs. Motion to Suspend Rules to take Item #4.2 out of order by C. Rourke, seconded by C. Samaras. 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 ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2015 / 592 - Order-Dedicate Canal/Jackson Streets "McNerney Square" in honor of David H. McNerney In Council, read twice and adopted. Motion to “waive full reading” by C. Kennedy, seconded by C. Belanger. So voted. C. Mercier requested to be informed regarding the dedication. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 12) 6.2. 2015 / 595 - Order-60 day trial (various) In Council, read twice and adopted. Motion to “waive full reading” by C. Milinazzo, seconded by C. Mercier. So voted. C. Leahy questioned parking spots on Palmer Street. Nicholas Bosonetto (Traffic Engineer) outlined the order. 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 REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2015 / 585 - Transportation SC October 6, 2015. In City Council, C. Milinazzo presented the report noting the purpose of the meeting and outlining attendance commenting on and updating Council regarding Lord Overpass Project. Motion by C. Milinazzo, seconded by C. Mercier to accept the report as a report of progress. So voted. C. Belanger noted that the Substance Abuse SC will be meeting on October 13, 2105. 7.2. 2015 / 548 - Wire Insp. - National Grid – Request installation of one (1) pole Oak Avenue. In Council, Motion to accept and adopt the accompanying Wire Inspector report by C. Martin, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 12) PETITIONS 8. - PETITIONS 8.1. 2015 / 583 - Claims - (2) property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Kennedy, seconded by C. Belanger. So voted. 8.2. 2015 / 584 - Misc. - Paul Bourque on behalf of Margaret Linscott request installation of (1) handicap parking sign at 84 South Highland Street. In Council, read and Motion to refer as amended to Traffic Engineer for report and recommendation by C. Mercier, seconded by C. Martin. So voted. Motion to amend matter to a 60 day trial by C. Mercier, seconded by C. Rourke. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2015 / 586 - C. Martin - Req. City Mgr. explore feasibility of placing utility lines underground in conjunction with signalization of Church and Lawrence Street. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Martin requesting to put utilities underground for purposes clearing up area in and around Gateway Buildings. 9.2. 2015 / 587 - C. Mercier - Req. City Mgr. find ways and means to dedicate a parcel of City owned land on Princeton Blvd. that identifies the area as Middlesex Village. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. Registered speaker, Edward Caulfield, addressed the Council outlining the history of Middlesex Village. C. Mercier noted it was important to preserve history. 9.3. 2015 / 604 - C.. Mercier - Req. City Mgr. have proper department place a “Drop Off” sign at 198 South Street. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Mercier noted the need for this at the Lowell Housing Authority. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 12) 9.4. 2015 / 605 - C. Mercier/C. Belanger - Req. City Mgr. ensure that when future schools are being built or rehabilitated that proper sidewalks leading to and from the schools are constructed. In Council, no second needed, read and referred to City Manager. So voted. C. Mercier noted the need for infrastructure at new schools including the new Charter school on Middlesex Street. C. Belanger supported the ideas put forth by C. Mercier. 9.5. 2015 / 591 - C. Samaras - Req. City Mgr. have the police traffic division work with Middlesex Community College regarding danger to students crossing street for class changes. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted the need to aid in traffic flow and to ensure safety in that area for students. C. Leahy noted it was very congested in that area and that Middlesex Community College needs to be involved with solution. 9.6. 2015 / 598 - C. Rourke - Req. City Mgr. explore the possibility of a public/private funded mural project in Lowell to promote our culture and our history. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke noted that it would enhance the décor of downtown. C. Belanger noted the historic significance of the mural in the downtown. C. Samaras commented on restoration projects. C. Leahy commented on the historic element of the murals on the buildings. 9.7. 2015 / 599 - C. Rourke - Req. City Mgr. review process by which permits are applied for and granted for use of the Lowell Public Schools. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. 9.8. 2015 / 588 - M. Elliott - Req. City Mgr. have Traffic Engineer re-visit crosswalk issue at Douglas and Andover Street to improve safety at the crossing. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. Motion to Suspend Rules to allow speakers on this motion by C. Martin, seconded by C. Leahy. So voted. Scott Darlington, resident in neighborhood, presented Council with information regarding the cross walk and Mary Barrett spoke to the issue as well. M. Elliott relinquished Chair to Vice Chair Leahy at 7:04 PM. M. Elliott noted the issues with increased volumes of traffic and commented that an island may be a solution to the problem. C. Samaras noted the neighbors’ concerns and that speed is an issue as well. C. Milinazzo commented on issues with the street and that matter should be referred to Transportation SC along with City Manager. C. Mercier City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 12) noted the concern for the children and is supportive of the parents. C. Kennedy noted it was a long standing issue which could be corrected by traffic lights. C. Belanger commented it was a re-occurring issue which needs to be addressed either by traffic lights and pruning trees for better sight lines for signs. Manager Murphy noted the City has jurisdiction over the street except in terms of speed limits. M. Elliott agreed to amendment to send to Transportation SC as well. C. Leahy returned Chair to M. Elliott at 7:24 PM. C. Leahy commented the need to help families and that speed limit should be dropped. C. Martin noted there would be a lot of different ideas for a solution and that a subcommittee meeting would help in that process. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Martin, seconded by C. Leahy. So voted. Meeting adjourned at 9:55 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov