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 19, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 18 - Minutes of City Council Meeting January 12th, for acceptance. Roll Call showed 8 present, 1 absent (C. Milinazzo). Mayor Kennedy presiding. In City Council, minutes read, Motion “To accept and place on file” by C. Mercier, seconded by C. Samaras. So voted. UNFINISHED BUSINESS 2. - UNFINISHED BUSINESS 2.1. 2016 / 38 - Firearms Licensing Policy In Council, Motion “To accept and place on file” and to refer to City Manager to have Superintendent of Police meet with Mr. Breton to further discuss training element of the policy by C. Mercier, seconded by C. Belanger. So voted. Manager Murphy noted the history of formulating a new policy including meeting with certain groups concerned over the matter. Manager Murphy commented on the guidelines use to create a pathway for securing the permits. Registered speakers addressed the Council: Jean Peoples; Geoffrey Pierson; Dan Gannon; Randy Breton; and Shawn Clark. C. Mercier commented on the fairness of the policy and noted that she was not in agreement with the provisions as they are too demanding and go beyond requirements of the State. C. Mercier noted that there could be compromise on the training element of the policy and that Mr. Breton has offered his services in that area. C. Leary questioned the availability and time element of the training. Supt. Taylor (LPD) noted the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 10) training was based on recommendations of various advocacy groups and that he was willing to meet with Mr. Breton to review same. C. Leary noted that training could be done on a more global basis with Lowell leading the way. Manager Murphy noted training of others is a good concept as is done at the Lowell Police Academy. C. Samaras noted that military service is now weighed as part of the application process. Supt. Taylor noted several new considerations of the permitting process. C. Samaras noted any comment on school shootings is not meant to associate any advocacy group with such a crime. C. Rourke questioned recommendation requirement of the process. Supt. Taylor noted it is meant to assess the stability of applicants. C. Leahy supported the new policy and noted the Superintendent was the first to take on matter in over thirty years. C. Belanger noted the policy was less stringent than any other and that a pathway is created for applicants and that some work will be required of all applicants. Supt. Taylor outlined different training options of the policy. C. Belanger noted that the Superintendent is willing to meet regarding the training. C. Mercier noted that training is only a one time situation. C. Elliott noted this is the first change in policy in thirty years and that moving in positive direction. UTILITY PUBLIC HEARINGS 3. - UTILITY PUBLIC HEARINGS 3.1. 2015 / 737 - National Grid/Verizon NE - Req. permission to relocate pole at the intersection of Broadway Street and Madonna Circle. In City Council, Given 2nd Reading, hearing held, Motion to refer matter to Wire Inspector for report and recommendation by C. Rourke, seconded by C. Leahy. So voted. A representative of National Grid was present and outlined the petition. C. Rourke noted this was needed to de bridge repair in the City. COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2016 / 24 - Motion Response: (A) National Grid Gas Leaks in Lowell (B) Sidewalks on Stedman Street from Westford to Canal Drive (C) Veterans' Memorial Park on Ennell St. (D) Sidewalks on Mansur and Belmont In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 10) Manager Murphy commented on Motion Response A regarding gas leaks by introducing Susan Griffin of National Grid to make a presentation regarding the issue. Ms. Griffin introduced various representative of National Grid that were present and allowed Susan Fleck to present to the Council. Ms. Fleck commented on the gas leak procedure of National Grid noting repair and classification system of the company. Ms. Fleck commented on what was happening in Lowell specifically with gas leaks and how they would be handled in the future as well as the introduction of new technology to assist with maintenance and repair of older gas lines. C. Mercier commented on the community concern which includes safety, environmental and financial. C. Mercier noted it was not fair to charge customers for leaking gas. C. Leahy noted the financial strain and that there should be better communication by the company regarding any leaks. Ms. Fleck outlined the company formula for shifting costs to the consumer. C. Belanger noted that customers are paying for gas they do not receive. C. Elliott noted support for local legislation regarding leaks and that there is no incentive for National Grid to repair leaks as they are a source of revenue. M. Kennedy noted that leaks are part of income for the company so there would be no incentive to repair them. C. Mercier commented on Motion Response B regarding sidewalks on Stedman Street requesting that State funding be sought to assist with any construction. C. Mercier commented on Motion Response C regarding park on Ennell Street noting the time ceremony will take place. C. Samaras commented on Motion Response D regarding sidewalks on Mansur and Belmont Streets noting the effect trees were having on the condition of sidewalks. Lisa Demeo (City Engineer) noted that to fix the disrepair there would have to be tree removal or replacement and that she would need further instructions regarding that. C. Samaras commented on tree replacement. C. Mercier noted other areas where the trees are affecting the sidewalks. 4.2. 2016 / 19 - Communication - City Mgr. request Out of State Travel (1) LPD; (1) DPD. 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 x Leary, James x x Mercier, Rita M. x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 10) Milinazzo, James L. Rourke, Daniel P. x Samaras, William x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2016 / 42 - Vote-Transfer $110,000 Lucy Larcom Canal Lighting Project In Council, read twice and adopted. Motion to “waive full reading” by C. Leahy, seconded by C. Leary. So voted. C. Belanger noted that the display will add to downtown and that the costs were reasonable for the product. Manager Murphy outlined the vote noting that it would be available for WinterFest and commented on costs. Conor Baldwin (CFO) commented on the source of the funding as savings from the retirement assessment. C. Elliott noted it was an enhancement of a natural resource in the downtown and that the program should be expanded. C. Samaras noted the plan has been formulating for some time and that it is a good program. C. Mercier noted it enhances downtown. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x x Elliott, Rodney M. x x Leahy, John J. x Leary, James x Mercier, Rita M. x Milinazzo, James L. Rourke, Daniel P. x Samaras, William x ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2016 / 41 - Order-60 day trial (various) In Council, read twice and adopted. Motion to “waive full reading” by C. Rourke, seconded by C. Leahy. So voted. Motion to suspend rules to allow speaker to address traffic flow at Pyne School by C. Leahy, seconded by C. Belanger. So voted. An abutter questioned if the regulation City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 10) would be applicable when school is not in session. Manager Murphy noted that it would only apply when school is in session. 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 Milinazzo, James L. Rourke, Daniel P. x x Samaras, William x ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2016 / 39 - Ordinance-Amend. Ch. 171, Art. I by adding new section 171-14.1 entitled "Feeding Waterfowl" In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on February 2, 2016 at 7 PM by C. Belanger, seconded by C. Rourke. So voted. C. Belanger question reason for ordinance. Manager Murphy outlined reasoning for ordinance. 7.2. 2016 / 40 - Ordinance-Amend Ch. 266-55 create new section (I) reserve handicap spot for wounded persons having "Purple Heart" or "Wounded Veteran" license plates. In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on February 2, 2016 at 7 PM by C. Leary, seconded by C. Samaras. So voted. RESOLUTIONS FROM THE CITY MANAGER 8. - RESOLUTIONS FROM THE CITY MANAGER 8.1. 2016 / 44 - Resolution-Support Legislation to Restore US Dept Equitable Sharing Program In Council, read twice and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 10) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x x Elliott, Rodney M. x x Leahy, John J. x Leary, James x Mercier, Rita M. x Milinazzo, James L. Rourke, Daniel P. x Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 9. - REPORTS (SUB / COMMITTEE, IF ANY) None. PETITIONS 10. - PETITIONS 10.1. 2016 / 20 - Claims - (2) Property. In Council, Motion to refer to Law Department for report and recommendation by C. Rourke, seconded by C. Samaras. So voted. 10.2. 2016 / 21 - Misc. - Kimberly Meehan request (1) handicap parking sign installed at 16- 18 Lewis Street. In Council, Motion to refer to Traffic Engineer for report and recommendation by C. Rourke, seconded by C. Samaras. So voted. CITY COUNCIL - MOTIONS 11. - CITY COUNCIL - MOTIONS 11.1. 2016 / 22 - C. Mercier/C. Belanger - Req. City Council support home rule petition by way of the Constitution of special acts which allows us to raise the primary for a local election from 19 candidates to 25 candidates and the number of signatures from 50 to 100. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 10) In Council, no second needed, read and referred to Personnel SC and Mayor to bring before the School Committee for discussion and recommendation. So voted. C. Mercier noted that the word us in the motion refers to the City Council and that this was the process that the Law Department had laid out for a Charter change. C. Mercier noted that the School Committee should be invited to do same change so that both bodies are consistent with elections. Motion by C. Mercier, seconded by C. Belanger to refer to Personnel SC and Mayor. So voted. C. Belanger noted the need for the change. 11.2. 2016 / 23 - C. Mercier/C. Elliott - Req. City Mgr. evaluate expansion of membership on Lowell Veterans Commission. In Council, no second needed, read and referred to City Manager. So voted. C. Elliott noted there is interest in membership on the Commission and perhaps it should be expanded. C. Mercier commented it was a matter of fairness to open up membership and give all a chance to serve. 11.3. 2016 / 25 - C. Mercier/C. Elliott - Req. Parks and Recreation SC discuss possibility of implementing a volunteer to work program for veterans. In Council, no second needed, read and referred to Parks & Recreation SC. So voted. C. Mercier commented on the outstanding work of the Veterans Commission and their involvement in the community. C. Elliott noted that volunteerism would be counted in terms of obtaining housing for working veterans. 11.4. 2016 / 26 - C. Elliott - Req. City Mgr. provide update on status of costs and implementation of “shot-spotter” system. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Elliott requested update on the program and a general time frame for completion. Manager Murphy noted that they are still exploring the best technology for the system. C. Rourke noted that the cameras may be placed before the program begins. 11.5. 2016 / 27 - C. Elliott - Req. Finance SC meet to discuss update on close out of FY 2015 and status of FY 2016. In Council, seconded by C. Rourke, read and referred to Finance SC. So voted. C. Elliott noted the need for review. 11.6. 2016 / 28 - C. Elliott - Req. City Council discuss status of candidates applied to date for position of Auditor and set up schedule to hire. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 10) In Council, seconded by C. Leahy, read and referred to Auditor & Clerk Oversight SC. So voted. M. Kennedy noted similar motion 11.15 by him will be discussed simultaneously. C. Elliott noted the need to move forward on matter and time frames should be set for interviews from final lists of candidates. C. Belanger noted the need to fill Auditor position. Motion by C. Leahy, seconded by C. Belanger to refer to Auditor & Clerk Oversight SC to establish time frame and finalize lists of candidates to be interviewed by the full Council. So voted. M. Kennedy noted that interviews will be schedule and conducted after the subcommittee reports back to full Council. 11.7. 2016 / 29 - C. Leahy/C. Belanger - Req. City Mgr. have proper department work with State agency responsible for the clean-up of area between Hunts Falls Bridge and Duck Island. In Council, no second needed, read and referred to City Manager. So voted. C. Belanger noted the State land was being used as a dumping ground for some time and requested that the use of cameras and signage be used to help combat the illegal dumping. C. Leahy noted area was a mess. 11.8. 2016 / 30 - C. Leahy/C. Samaras - Req. City Mgr. have Superintendent of Schools provide protocol for response procedures regarding student safety. In Council, no second needed, read and referred to City Manager, Public Safety SC and Mayor. So voted. C. Leahy commented on an earlier incident and there is a need to update policy and to reassure public. C. Samaras noted that threats are increasing and that causes fear in students, teachers and parents. Motion by C. Samaras, seconded by C. Leahy to refer matter to Public Safety SC and Mayor to refer matter to School Committee Safety SC. So voted. 11.9. 2016 / 43 - C. Leahy/C. Samaras - Req. City Mgr. have Inspectional Services request update of construction schedule for the former Aiden Furniture Building on Market Street and in addition request contractor clean up store front windows at site. In Council, no second needed, read and referred to City Manager. So voted. C. Samaras commented on the improvement in the area. C. Leahy noted the project needs to move quicker. C. Belanger noted the building needs work and that the owner needs to be much more cooperative. 11.10. 2016 / 36 - C. Samaras - Req. City Mgr. have proper department review snow removal of all pedestrian access to the train station. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted the safety concern and the amount of foot traffic in the area. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 10) 11.11. 2016 / 37 - C. Samaras - Req. City Mgr. have proper department clear storm drain on Hovey Street at the bird sanctuary between Starr Ave. and Wentworth Ave. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras commented on the problem during certain times and the need to help drain that area. 11.12. 2016 / 31 - C. Milinazzo - Req. City Mgr. instruct Sign Department to erect a more appropriate sign along Sampson Connector in memory of former Mayor Ellen A. Sampson 1964-1965. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Mercier presented for absent C. Milinazzo. C. Mercier noted that the sign needs improvement to honor first female Mayor of the City. M. Kennedy relinquished Chair to Vice Chair Rourke at 9:14 PM. 11.13. 2016 / 32 - M. Kennedy - Req. City Council consider adding section to agenda entitled “Announcements”. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. M. Kennedy noted the reasoning behind motion. C. Elliott supported motion and stated it would be utilized. 11.14. 2016 / 33 - M. Kennedy - Req. City Council consider salary adjustments for members of the City Council and School Committee. In Council, seconded by C. Samaras, read and referred to Personnel SC. So voted. M. Kennedy noted the raise would not be applicable to this Council but to next sitting Council. M. Kennedy noted that the increase would attract more candidates to the field and that would support a primary. M. Kennedy provided chart outlining comparable salaries in other communities. Motion by C. Kennedy, seconded by C. Leahy to refer to Personnel SC to be discussed with Charter change. Adopted per Roll Call vote, 6 yeas, 2 nays (C. Elliott, C. Mercier), 1 absent (C. Milinazzo). So voted. 11.15. 2016 / 34 - M. Kennedy - Req. City Council set up a schedule for interviewing candidates for City Auditor. In Council, seconded by C. Leahy, read and referred to Auditor & Clerk Oversight SC. So voted. M. Kennedy noted this motion was discussed simultaneously with similar motion 11.6. C. Elliott noted the need to move forward on matter and time frames should be set for interviews from final lists of candidates. C. Belanger noted the need to fill Auditor position. Motion by C. Leahy, seconded by C. Belanger to refer to Auditor & Clerk Oversight SC to establish time frame City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 10) and finalize lists of candidates to be interviewed by the full Council. So voted. M. Kennedy noted that interviews will be schedule and conducted after the subcommittee reports back to full Council. 11.16. 2016 / 35 - M. Kennedy - Req. City Mgr. have proper department explore the removal of a trailer at or near 592 Varnum Avenue. In Council, seconded by C. Leary, read and referred to City Manager. So voted. M. Kennedy noted the need for the report to review information and corrected address to be 902 Varnum Avenue. C. Mercier noted special circumstances regarding occupant of the home. C. Samaras commented on code description. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by M. Kennedy, seconded by C. Leary. So voted. Meeting adjourned at 9:36 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov