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: Jan 12, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 1 - Minutes of City Council Inauguration January 4th; City Council Meeting January 5th, for acceptance. Roll Call showed 9 present. Mayor Kennedy presiding. C. Mercier requested moment of silence in darkened chamber for Paul Allen and Thomas Conlon, Jr. M. Kennedy recognized students from UMass-Lowell who were observing the Council meeting. In City Council, minutes read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Samaras. So voted. UNFINISHED BUSINESS 2. - UNFINISHED BUSINESS 2.1. 2015 / 734 - C. Elliott - Req. City Mgr. provide a report on status of property at 155 Mansur Street. In Council, seconded by C. Mercier for discussion, read and referred to City Manager and Law Department. So voted. C. Samaras was not present in Chamber and was not involved with any discussion on the matter. M. Kennedy noted that item 10.3 was associated with this motion and entertained a Motion to take item 10.3 out of order and with this motion by C. Milinazzo, seconded by C. Rourke. So voted. C. Elliott noted his motion requested update on matter City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) including amount of time easements are granted by the City and commented on fairness issue on the matter. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2015 / 668 - Ordinance-Amend Zoning-Extend NB Zone to include 8 and 20 Stockbridge Ave and 9 Magnolia St. In City Council, Given 2nd Reading. Public hearing opened and matter continued until February 23, 2016 at 7 PM for further public hearing. No remonstrants. Atty. George Theodorou was present for the petitioner requesting continuance to meet with neighborhood groups to review project. Motion by C. Leary, seconded by C. Leahy to continue matter for further public hearing on February 23, 2016 at 7 PM. So voted. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2016 / 10 - Motion Responses: (A) Alternative Methods of Snow Removal (B) Cupples Square Business District Parking Meters (C) Letter of Support for Governor Baker's Substance Abuse Legislation (D) Marchand Oil (E) School Repairs (F) Delinquent Payments for Public Safety Details (G) Charter Change Update In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Leary. So voted. C. Leahy commented on Motion Response A regarding alternative methods of snow removal noting removal of snow on narrow streets. Manager Murphy noted the use of bobcats for smaller streets. C. Belanger commented on Motion Response B regarding Cupples Square parking meters noting the input from the business community. Manager Murphy commented on favorable responses to the new design and that an enforcement plan will be reviewed by business owners. C. Samaras noted it was a good model to be used in all business districts. Manager Murphy City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) outlined process used to develop the procedure. C. Leahy commented on the amount of work done in the area and noted upcoming meeting regarding enforcement. C. Elliott commented on the extra parking spots that Caleb has available from the City and that they could be used to enhance parking in the area. Manager Murphy commented on those extra spots and noted he was working with them to garner those spots. C. Mercier commented on Motion Response D noting that Marchand Oil is not the culprit on this issue as they are no longer doing business in that location. C. Mercier did not agree with the report and noted current landowner was not a responsible business owner that would require more attention by the City. Motion by C. Belanger, seconded by C. Elliott to refer matter to Neighborhoods SC. So voted. C. Belanger noted the area had not improved. Manager Murphy noted the City was drafting a new ordinance to address habitability of commercial property. C. Leahy commented on Motion Response E regarding school repairs commenting on the report and the lists that were developed. Manager Murphy noted that repairs are prioritized. C. Leary requested copies of outstanding ticket items for the schools to establish were they are in the process. C. Milinazzo questioned line between capital repairs and maintenance and if it all goes to net school spending. Manager Murphy noted there is a credit to net school spending and it will be closely tracked. C. Mercier questioned if the custodians were part of the process. Manager Murphy noted that they were part of the original walk through to identify issues. C. Mercier commented on Motion Response F regarding charter changes noting that she would be filing motion for a home rule petition as it concerns number of candidates for primary as well as signatures needed to get on ballot. C. Elliott noted money spent on elections that were not necessary. Manager Murphy outlined home rule petition process. 4.2. 2016 / 2 - Communication - Report and Recommendation - Planning Board - Extend NB Zoning District to include parcels at Stockbridge Avenue and Magnolia Street. In Council, Motion “to refer matter to February 23, 2016” by C. Milinazzo, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) 4.3. 2016 / 3 - Communication - City Mgr. request Out of State Travel (1) Health Dept. In Council, read and adopted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. x Leary, James x x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2016 / 14 - Vote-Accept Gift ($1500) to purchase ballistic vest for K-9 at LPD In Council, read twice and adopted. Motion to “waive full reading” by C. Elliott, seconded by C. Belanger. So voted. C. Mercier noted that the Lowell High School ROTC was involved with setting up donation. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x x Leahy, John J. x x Leary, James 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 5 of 9) 5.2. 2016 / 17 - Vote-Accept Proposal ($300,000) Coalition for Better Acre to purchase -412 Merrimack St. - Smith Baker Center In Council, read twice and adopted. Motion to “waive full reading” by C. Elliott, seconded by C. Leahy. So voted. C. Elliott commented on vote noting the Coalition for a Better Acre (CBA) involvement. Manager Murphy noted the work of the CBA as well as the task force in place regarding the building. C. Samaras noted it was important to find the proper use for the building. C. Milinazzo commented on the task force and lauded their work. C. Elliott recognized task force work as well. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. x Leary, James x x Mercier, Rita M. x 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. 2016 / 13 - Order-60 day trial (Various) In Council, read twice and adopted. Motion to “waive full reading” by C. Elliott, seconded by C. Leary. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. x Leary, James x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2016 / 16 - Ordinance-Amend Zoning s .11.4 Site Plan Review (sidewalk standards to schools not operated by School Dept.) In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on March 1, 2016 at 7 PM by C. Rourke, seconded by C. Milinazzo. So voted. RESOLUTIONS FROM THE CITY MANAGER 8. - RESOLUTIONS FROM THE CITY MANAGER 8.1. 2016 / 15 - Resolution-Support Legislation to Fix Gas Leaks (House Bills 2870 and 2871) In Council, read twice and adopted. Waive full reading without objection. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. x x Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 9. - REPORTS (SUB / COMMITTEE, IF ANY) None City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) PETITIONS 10. - PETITIONS 10.1. 2016 / 4 - Claims - (3) property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Milinazzo, seconded by C. Rourke. So voted. 10.2. 2016 / 5 - Misc. - Cricket Wireless request permission to install overhanging sign at 120 Merrimack Street. In Council, read and Motion to refer to Law Department for report and recommendation by C. Milinazzo, seconded by C. Samaras. So voted. 10.3. 2016 / 6 - Misc. - Klas and Anita Romberg request reconsideration regarding subdivision of property at 155 Mansur Street. In Council, read and Motion to refer to Law Department and City Manager for report and recommendation by C. Mercier, seconded by C. Leary. So voted. Matter was taken together with item 2.1. C. Samaras was not present in chamber and did not take part in any discussion or vote on the matter. Klas Romberg spoke for himself and wife, Anita on the petition giving the history of the lot as well as prior ownership. C. Rourke questioned what was different from the recent prior petition. C. Mercier questioned if Planning Board was involved. Manager Murphy noted that the Planning Board did not have jurisdiction over the matter as it called for an easement. 10.4. 2016 / 12 - Misc. - Deborah Cortes request to address City Council regarding parking of vehicle in residential yard. In Council, read and Motion to refer to Law Department and City Manager for report and recommendation by C. Mercier, seconded by C. Samaras. So voted. C. Mercier commented on ordinance fining individuals for unregistered cars may not apply to all situations. Mercier amended motion to include referring to City Manager without objection. So voted. Ms. Cortes addressed her petition before the Council. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) CITY COUNCIL - MOTIONS 11. - CITY COUNCIL - MOTIONS 11.1. 2016 / 7 - C. Mercier - Req. City Council support a resolution to Congresswoman Tsongas to restore 80% of the drug forfeiture money to the Lowell Police Department. In Council, seconded by C. Rourke, read and referred to Law Department to draft resolution. Adopted per roll call. So voted. C. Mercier noted the money would benefit the police department. C. Leahy noted the importance of going after the money. C. Elliott noted money helps with drug investigations. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. x Leary, James x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 11.2. 2016 / 8 - C. Samaras/C. Leary - Req. City Mgr. have Traffic Engineer explore traffic safety issue created by cars using breakdown lane to turn right onto Old Ferry Road from Route 110 (Pawtucket Blvd.). In Council, no second needed, read and referred to City Manager. So voted. C. Samaras commented on the neighborhood safety concern and should revert breakdown lane to right turn lane. C. Leary noted that there are options available. C. Leahy noted that all of Old Ferry Road should be reviewed. C. Elliott commented of the problems at the intersection. 11.3. 2016 / 9 - C. Leary - Req. City Mgr. contact Congresswomen Tsongas, Senator Markey and Senator Warren in order to discuss appropriate funding for the “Newcomer” students entering the Lowell Public Schools. In addition, work with the Lowell Public Schools to ensure that we are coordinating our efforts regarding “Newcomer” student funding appropriation. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Leary noted the need to obtain more money for new students as the mandate is underfunded. C. Belanger commented that the system needs funding. C. Elliott noted the need for federal support. C. Samaras commented on educating new comers to the school system and added funding will garner better results. 11.4. 2016 / 11 - C. Leahy - Req. City Mgr. have proper department address litter issue in pan-handling areas around the City. In Council, seconded by C. Leary, read and referred to City Manager. So voted. C. Leahy noted the problem should be addressed. C. Belanger commented generally regarding panhandling. Manager Murphy outlined recent decisions regarding panhandling and way to control it. C. Leah noted different parts of the City where problem is present. M. Kennedy thanked the UMass-Lowell students for their attendance. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Elliott, seconded by C. Rourke. So voted. Meeting adjourned at 8:14 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov