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: Feb 02, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 58 - Minutes of City Council Meeting January 26th, for acceptance. Roll Call showed 9 present. Mayor Kennedy presiding. C. Mercier requested moment of silence in darkened chamber for Bunrith Lach; Dorothy Campanini (Mother of Sun Editor Jim Campanini); and Raymond Richardson (LPD Retired). C. Milinazzo requested moment of silence in darkened chamber for Edward Dick; Mary Pietryka; and Christine Iannuzzo. In City Council, minutes read, Motion “To accept and place on file” by C. Leahy, seconded by C. Belanger. So voted. GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 2016 / 39 - Ordinance-Amend. Ch. 171, Art. I by adding new section 171-14.1 entitled "Feeding Waterfowl" In City Council, Given 2nd Reading. Waived full reading with no objection. Public hearing held. No remonstrants. Jo-Ann Keegan (Health Director) outlined the ordinance and the reasoning to diminish a health risk. C. Elliott commented it was the first step to alleviate a health problem which has been ongoing. C. Mercier requested that signage be used to inform public that feeding of water fowl is not permitted. Adopted per Roll Call vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) 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 2.2. 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 2nd Reading. Waived full reading with no objection. Public hearing held. No remonstrants. William Flanagan (Veterans’ Commission) supported the ordinance. C. Elliott recognized the commission and noted the designated spot for wounded warriors. Adopted per Roll Call vote. 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 Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x COMMUNICATIONS FROM THE CITY MANAGER 3. - COMMUNICATIONS FROM THE CITY MANAGER 3.1. 2016 / 71 - Motion Responses: City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) (A) UMass-Lowell Bus Routes in Pawtucketville Area (B) Sampson Connector (C) First Time Home Buyers Down Payment Assistance Program (D) Snow Removal of All Pedestrian Access to the Train Station Informational: (E) Drug Abatement Response Team (F) LowellSTAT- Development Services In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Belanger. So voted. C. Samaras commented on Motion Response A regarding UML bus routes noting he would not object to routes used to avoid construction but does if new routes are used to avoid traffic as that as an effect on the neighborhoods. Manager Murphy noted he would raise the concern when meeting with UML officials. C. Samaras commented on Motion Response C regarding first time home buyer program noting the benefits of the program. Manager Murphy outlined the program which gives assistance to closing costs associated with the purchase of a home. C. Samaras commented on Motion Response D regarding snow removal noting that the procedures should be followed at every storm. C. Belanger commented on Informational Response E regarding Drug Abatement Response Team (DART) noting that the focus is on the properties use in drug dealing. Dept. Supt. Friedl (LPD) commented about the team and its procedures in addition noted the grant funding used to support the team. C. Elliott noted the money is being used for important purposes in combatting drug dealers. Dept. Supt. Friedl commented on the use of the money. C. Milinazzo questioned the use of liens on the property when using resources of the program. City Solicitor O’Connor commented on the lien process and how money owed can be added to a tax bill. Manager Murphy commented on Informational Response F regarding LowellSTAT report on Development Services noting the increase in permitting fees based on actual construction costs. Motion by C. Elliott, seconded by C. Leary to refer item to Finance SC. So voted. VOTES FROM THE CITY MANAGER 4. - VOTES FROM THE CITY MANAGER 4.1. 2016 / 73 - Vote-Apply/Accept/Expend Grant ($425,000) Mass. Dept Public Health, Bureau of Substance Abuse Services City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) In Council, read twice and adopted. Full reading waived without objection. So voted. Ms. Keegan outlined the vote and the use of grant money. Manager Murphy noted that the City was out front in the programs being used to combat drug addiction. C. Elliott questioned how the money would be used and how programs are administered. Ms. Keegan reviewed those areas and commented on implementing the programs. C. Leary noted that beginning at the elementary school level is important and questioned if programs would be available to parochial schools. 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 Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x 4.2. 2016 / 75 - Vote-Apply/Accept/Expend $400,000 Grant Parkland Acquisitions and Renovations for Communities (PARC)- So. Common Master Plan In Council, read twice and adopted. Full reading waived without objection. So voted. C. Mercier noted the grant would be used to improve South Common Park and also commented on the current upkeep of the area. C. Samaras questioned the construction time line. Manager Murphy noted the first phase would be centered on walking and biking in the park. C. Belanger noted the park needed some serious improvements and that the City would be contributing to those costs as well. Manager Murphy outlined the finance plan for the project. C. Leahy questioned the construction time line. Diane Tradd (DPD) laid out the construction plan. C. Belanger noted that high intensity lights should be used in that area. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 4.3. 2016 / 74 - Vote-Auth C/M Ex. Lease Agreement w/Cellco Ptshp d/b/a Verizon Wireless to lease space on pole on Hall Street for five years w automatic extension up to twenty five years. In Council, read twice and Motion to refer matter to Technology & Utilities SC by C. Mercier, seconded by C. Leary. So voted. Full reading waived without objection. So voted. Victor Manujian (Atty. for Verizon) outlined the terms of the proposed lease. C. Mercier questioned the location and the benefit to the City and noted the fact the Verizon is non responsive to the needs of the City. C. Rourke questioned if fiber was being used at the site. Atty. Manujian noted he was representing the wireless side of the company and he outlined the equipment being used and the permitting needed to be done by the City. C. Belanger noted the area that would be affected with the service and that the Tsongas Arena has no dead zones in the building. C. Leahy commented the rate should be higher to Verizon. Conor Baldwin (CFO) commented on the negotiations with Verizon. C. Samaras question the safety of wireless towers. Atty. Manujian noted that the company follows FCC guidelines. C. Samaras questioned if FIOS is an option in the City and noted that Verizon has little interest in the City. C. Rourke supported referral to subcommittee and requested that FIOS representatives be present as well. C. Leary questioned the reasoning behind decisions for FIOS. ORDINANCES FROM THE CITY MANAGER 5. - ORDINANCES FROM THE CITY MANAGER 5.1. 2016 / 70 - Ordinance-Create one Crime Analyst I (grant funded) position and Establish Salary in the Police Dept In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on February 23, 2016 at 7 PM by C. Samaras, seconded by C. Rourke. So voted. 5.2. 2016 / 72 - Ordinance-Create one Victim Advocate (grant funded) Position and Establish Salary in Police Dept In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on February 23, 2016 at 7 PM by C. Rourke, seconded by C. Milinazzo. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) 6.1. 2016 / 59 - Auditor & Clerk Oversight SC February 2, 2016. In City Council, C. Belanger commented on the meeting noting the attendance and discussion regarding hiring of the Auditor. C. Belanger noted that the posting would close Friday, February 5, 2016 and that names would be supplied to Clerk for interviews. C. Elliott noted two motions before Council; Motion by C. Elliott, seconded by C. Leary to have posting closed on February 5, 2016. So voted. Second motion, Motion by C. Elliott, seconded by C. Leary to provide 3 selections for interview to City Clerk by Monday February 8, 2016 at 9 AM. So voted. C. Elliott noted the names will be forwarded to Human Relations who will check the availability for interviews. C. Elliott and C. Leary noted that the salary should remain in place until such time that it hinders pool of applicants. C. Belanger noted the need to set interviews sooner than later. M. Kennedy commented on reviewing department in terms of effectiveness. C. Elliott noted that new Auditor may see the need to make some changes. C. Leahy commented on the set up of the office. C. Leary noted any hire will have changes to be made. C. Milinazzo noted that the people in Auditor’s office work for the Auditor. Motion by C. Leahy, seconded by C. Mercier to accept the report as a report of progress. So voted. PETITIONS 7. - PETITIONS 7.1. 2016 / 62 - Claim - (1) Property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Leary, seconded by C. Leahy. So voted. 7.2. 2016 / 60 - Misc. - Roger Muller request (1) handicap parking sign installed at 121-123 Ennell Street. In Council, read and Motion to refer to Traffic Engineer, as amended, for report and recommendation by C. Rourke, seconded by C. Milinazzo. So voted. Motion to amend to 60 day trial by C. Mercier, seconded by C. Rourke. So voted. 7.3. 2016 / 61 - Misc. -Sabrina Gonzalez request City reimburse for towing charges. In Council, read and Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Elliott. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) CITY COUNCIL - MOTIONS 8. - CITY COUNCIL - MOTIONS 8.1. 2016 / 63 - C. Milinazzo - Req. City Mgr. report on parking issues around the McAvinnue School. In Council, seconded by M. Kennedy, read and referred to City Manager. So voted. C. Milinazzo noted the problem and the need for relief. 8.2. 2016 / 64 - C. Leahy/C. Leary - Req. City Mgr. provide a report to the City Council regarding pooling agreement to reduce electric costs to residents. In Council, no second needed, read and referred to City Manager. So voted. C. Leahy requested report regarding savings for those who opted into the program. 8.3. 2016 / 65 - C. Leahy - Req. City Mgr. ensure that the traffic lines at the VFW/Bridge Street intersection are properly maintained during construction. In Council, seconded by C. Leary, read and referred to City Manager. So voted. C. Leahy requested lines be done so that they can be seen. C. Rourke questioned when project would be completed. Manager Murphy noted that it would finish earlier than projected as the weather as allowed added work on site. 8.4. 2016 / 66 - C. Leahy - Req. City Mgr. have proper State agency clean-up the outbound corridor along the Lowell Connector. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Leahy noted that help from any agency would be would be helpful with the clean-up. 8.5. 2016 / 68 - C. Belanger - Req. City Mgr. update City Council regarding Art Festival to be held in the Spring. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Belanger requested update on project as it seems to be stalling. 8.6. 2016 / 69 - C. Belanger - Req. Substance Abuse SC review the recommendations provided by the Massachusetts Municipal Association (MMA) Opioid Addiction and Overdose Prevention Task Force. In Council, seconded by C. Elliott, read and referred to Mayor’s Opiate Task Force. So voted. Motion to amend to refer to Mayor’s Opiate Task Force by C. Belanger, seconded by C. Mercier. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) ANNOUNCEMENTS 9. - ANNOUNCEMENTS In City Council, C. Mercier announced the work being done at the Senior Center through private commitments by the seniors. C. Leahy announced the grants awarded to City to combat substance abuse. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Rourke, seconded by C. Mercier. So voted. Meeting adjourned at 8:07 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov