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 23, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS 1.1. 2016 / 101 - Communication - National Grid gas distribution system. Roll Call showed 9 present. Mayor Kennedy presiding. Manager Murphy introduced Mary Burns and Nancy McGovern as Acting City Managers for the day per the Salvation Army Telethon. In City Council, National Grid communication read, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. CITY CLERK 2. - CITY CLERK 2.1. 2016 / 102 - Minutes of City Council Meeting February 16th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Leahy, seconded by C. Leary. So voted. Rules suspended without objection to take Item #5.1 out of order. GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) 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. Motion to refer matter to Zoning SC and recess hearing until recommendation of the Zoning SC by C. Milinazzo, seconded by C. Elliott. Approved per Roll Call vote, 9yeas. So voted. Atty. George Eliades, Jr. presented matter on behalf of the applicants/petitioners and requested matter be referred to Zoning SC for fairer presentation. Alan Saba, Deb Forgione and Ann Marie Page spoke in opposition to the petition. C. Milinazzo noted that Zoning SC may be able to resolve dispute between sides. C. Rourke noted that there has been plenty of information on the matter and the vote should move forward. C. Mercier questioned if there have been discussions between the groups. Atty. Theodora outlined substance of meeting and noted the need to meet further. Atty. Eliades commented on the meeting and response of the group. C. Mercier noted the planning board rejection of the petition. Atty. Eliades commented on planning board recommendation. C. Samaras made note of the conflict that exists. Manager Murphy noted that it was the City Council prerogative as to how to handle matter and that many matters are referred to subcommittees. C. Leahy noted he had visited site and the plan enhances the area and that petitioners should be given an opportunity to be heard further. C. Leary commented he was supportive of going to subcommittee to see if some changes could be made to support the neighborhood. C. Elliott requested that petitioner respond to how the operation will run in the future. Mr. Hamel, property owner, noted his operation would not expand and that he was just organizing his property with new layout and landscaping. C. Belanger noted the owner should be given an opportunity to go before the subcommittee. C. Samaras noted that the subcommittee would be appropriate to review additional matters and that the DPD should be involved in terms of general planning in that area. C. Milinazzo noted that separate notice must be done to neighbors in that area informing them of subcommittee meeting. C. Rourke questioned Atty. Eliades why the matter could not be resolved this evening. 3.2. 2016 / 70 - Ordinance-Create one Crime Analyst I (grant funded) position and Establish Salary in the Police Dept. In City Council, Given 2nd Reading. Waived full reading with no objection. Public hearing held. No remonstrants. Superintendent Taylor (LPD) supported the ordinance. C. Rourke noted the use of grant money and requested the number of grants received to date for public safety. Adopted per Roll Call vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 11) 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 x Rourke, Daniel P. x Samaras, William x 3.3. 2016 / 72 - Ordinance-Create one Victim Advocate (grant funded) Position and Establish Salary in Police Dept. In City Council, Given 2nd Reading. Waived full reading with no objection. Public hearing held. No remonstrants. Superintendent Taylor (LPD) supported the ordinance. 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 x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 3.4. 2016 / 83 - Ordinance-Amend Ch. 9 Art. X Lowell Veterans Commission In City Council, Given 2nd Reading. Waived full reading with no objection. Public hearing held. No remonstrants. John McDonald (Veterans Commission) supported the ordinance. C. Elliott noted it was a good ordinance. Adopted per Roll Call vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) 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. x Rourke, Daniel P. x Samaras, William x COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2016 / 100 - Motion Responses: (A) Crosswalk on Varnum Ave at Corner of Elene St (B) Traffic Lines at VFW and Bridge Street Intersection Informational: (C) Down Payment Assistance Program (D) Capital Funds LPD Equipment In Council, Motion “To accept and place on file” by C. Elliott, seconded by C. Belanger. So voted. C. Rourke commented on Motion Response A regarding crosswalks questioning aspects of the report. Manager Murphy noted the area was dangerous and that the crosswalk needed to be relocated and enhanced. C. Rourke commented on various bus stops in the area. Manager Murphy noted they were waiting for lists from the LRTA regarding their stops. Lisa Demeo (City Engineer) commented that each bust stop should have a crosswalk for safety reasons. C. Mercier questioned bust stop at Cupples Square. Ms. Demeo noted the new location of the crosswalk in that area. C. Elliott commented that the action resolves a long issue on Varnum Avenue. C. Leahy questioned maintenance of the bus stops and snow removal on them. C. Leahy commented on Motion Response B regarding Bridge Street intersection noting that line painting is weather driven. Ms. Demeo noted that the weather is clear and the lines will be painted in short order. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) Manager Murphy commented on Informational Response C regarding down payment assistance program of the Lowell Plan noting it is available to City of Lowell employees. C. Samaras commented that was a good program to have employees of the City live in Lowell. Manager Murphy commented on Informational Response D regarding police equipment noting the use of security cameras before the shot spotter program is implemented and that a new vote would be needed to satisfy loan order. Motion by C. Leahy, seconded by C. Leary to refer matter to Public Safety SC. So voted. 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 accept and place on file” by C. Milinazzo, seconded by C. Leary. So voted. 4.3. 2016 / 112 - 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 x Leahy, John J. x Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2016 / 118 - Vote-Accept MGL c.60A s.1 Parag.8-Waive Excise Tax for Motor Vehicles owned and registered by Active Members of the Armed Forces In Council, read twice Motion to refer matter to public hearing on March 8, 2016 at 7 PM by C. Leahy, seconded by C. Belanger. So voted. Rules were suspended without objection to allow Representative Diane Dizoglia and John MacDonald (Veterans Commission) to speak on matter. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) C. Leahy noted the issue will be going to public hearing. C. Elliott thanked Rep. Dizoglia and Mr. MacDonald. C. Mercier noted she would not comment until public hearing that it is a good platform to review ordinances as it concerns storing unregistered cars in the City. Manager Murphy noted they could review those ordinances. 5.2. 2016 / 121 - Vote-Transfer $40,000 to fully staff polling locations for Presidential primary in Elections Department In Council, read twice and adopted. Waived 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 Leary, James x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x x 5.3. 2016 / 122 - Vote-Transfer $240,000 to provide adequate funding for increased surgery costs Police/Fire Active-Law Department In Council, read twice and adopted. Waived full reading without objection. So voted. C. Leary questioned the use of stop gap insurance by the City and the use of stats to track costs associated with workers compensation. Manager Murphy noted they are exploring different avenues to save costs. 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 Leary, James x x Mercier, Rita M. x Milinazzo, James L. x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) Rourke, Daniel P. x Samaras, William x ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2016 / 117 - Order-60 day (various) In Council, read twice and adopted. Waived 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 Leary, James x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. Samaras, William x ORDINANCES FROM THE CITY MANAGER 7. - ORDINANCES FROM THE CITY MANAGER 7.1. 2016 / 119 - Ordinance-Amend Ch. 171, Article IV, entitled Nuisance Posting In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on March 8, 2016 at 7 PM by C. Belanger, seconded by C. Elliott. So voted. C. Belanger noted the ordinance is needed to ensure both commercial and residential properties are maintained. Eric Slagle (Inspectional Services) outlined the ordinance 7.2. 2016 / 120 - Ordinance-Amend Ch. 227 Property Maintenance, Article I, Minimum Standards In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on March 8, 2016 at 7 PM by C. Milinazzo, seconded by C. Rourke. So voted. REPORTS (SUB / COMMITTEE, IF ANY) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2016 / 103 - Finance SC February 23, 2016. In City Council, C. Elliott provided the report noting the attendance and outlined the discussions regarding FY15 status, FY16 update and FY15 Independent Audit review. C. Elliott noted the reports were accepted as reports of progress. C. Leary noted the accomplishments of the financial team in the City and the proactive approach to finances. C. Rourke noted that there will be a Neighborhoods SC meeting on March 14, 2016 at location outside of City Hall. C. Rourke noted that the Substance Abuse SC attended first graduating class of the Lowell District Court Drug Court. C. Mercier noted there were a lot of people who attended that graduation. C. Milinazzo noted that the Personnel SC which had been postponed has been rescheduled to March 8, 2016. C. Leary noted the Technology & Utilities SC will meet March 1, 2016. Motion by C. Elliott, seconded by C. Leary to accept the report as a report of progress. So voted. PETITIONS 9. - PETITIONS 9.1. 2016 / 104 - Misc. - Edward/David Mulcahy request permission to discuss decision regarding water runoff at 494 Bridge Street. In Council, read and Motion accept and place on file by C. Rourke, seconded by C. Samaras. So voted. Registered speakers spoke in favor of the petition were David and Nathaniel Mulcahy and Ann Marie Page. Manager Murphy noted that the City never requested that the petitioner do anything with their property and that it was private request by their tenant and the City would work with them on any matter. C. Mercier noted that the tenant is driving the discussion. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2016 / 105 - C. Elliott - Req. City Council discuss establishing an Ad Hoc subcommittee on City Charter/Election issues. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) In Council, seconded by C. Mercier, read and referred to Mayor. So voted. C. Elliott noted the need to set up the committee for current issues that are before them, which include Charter changes. M. Kennedy questioned procedure. C. Milinazzo noted there were issues in the Personnel SC which would belong in the Ad Hoc subcommittee. Amended Motion by C. Milinazzo, seconded by C. Mercier to forward charter change motions currently before the Personnel SC to the Ad Hoc City Charter/Election. So voted. 10.2. 2016 / 106 - C. Elliott - Req. City Council discuss changing of Ward Representative form of government in the City. In Council, failed for lack of second. So voted. 10.3. 2016 / 107 - C. Rourke - Req. City Mgr. look into a preventative maintenance program for Lowell school buildings. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. Mr. Ben O’Hara was allowed to address the body regarding motion. C. Rourke noted the need to maintain major assets of the City. C. Leahy commented on capital plans for the schools. C. Rourke noted that any maintenance plan could go before the School Committee. C. Leary commented that money must be behind any plan. 10.4. 2016 / 108 - C. Rourke - Req. City Mgr. provide an inspection of the Lowell Memorial Auditorium pertaining to upkeep of the building. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Rourke noted the building needs attention and there could be grant money to be utilized as well. C. Belanger questioned the benefit of the building being under City control and that it may be time to transfer same. C. Milinazzo questioned if there were still ticket surcharges earmarked for repair and maintenance. C. Samaras noted there needs to be a great effort towards that building. 10.5. 2016 / 109 - C. Rourke - Req. City Mgr. provide an update regarding past scheduled events at the Lowell Memorial Auditorium as well as scheduled future events. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Rourke noted that the management company is willing to come in to address the Council regarding events. C. Belanger noted that the current contract does not include promoting events. C. Mercier noted that the events at the venue are not what they should be. C. Milinazzo requested to review contract and to review concession agreements. C. Leahy noted the events are not impressive at the auditorium. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) 10.6. 2016 / 110 - C. Rourke - Req. City Mgr. have Inspectional Services provide an update regarding the property at 58 Mammoth Road. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Rourke noted it was the old Fios Pizza and has been in disrepair for some time. 10.7. 2016 / 111 - C. Rourke/C. Belanger - Req. City Mgr. provide an update regarding old water department building on Hampshire Street. In Council, no second needed, read and referred to City Manager. So voted. C. Belanger noted the need to repair the building so to benefit the neighborhood. 10.8. 2016 / 113 - C. Belanger - Req. City Mgr. provide update on any development plans for the Jeanne D’Arc Credit Union headquarters on Merrimack Street. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Belanger noted the old headquarters was on a sizable lot that would call for a big development. C. Leahy noted that the City should be involved in the matter. 10.9. 2016 / 114 - C. Leary - Req. City Mgr. provide an update on status of City dog park, report should include any issues with current park, recommendations for different locations if needed, and feasibility of additional parks. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Leary noted the current park will be shut down as Wastewater will need the parcel and that substitute and additional areas will be needed. 10.10. 2016 / 115 - C. Leary - Req. City Mgr. review feasibility for a new cross walk on Stevens Street between Westchester and Midland Streets. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Leary commented on locations. C. Rourke noted that there are bus stops on that route as well. ANNOUNCEMENTS 11. - ANNOUNCEMENTS In City Council, C. Leahy noted the success of this past WinterFest. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Elliott, seconded by C. Rourke. So voted. Meeting adjourned at 9:14 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov