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: Mar 15, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 158 - Minutes of City Council Meeting March 8th, for acceptance. Roll Call showed 9 present. Mayor Kennedy presiding. In City Council, minutes read, Motion “To accept and place on file” by C. Rourke, seconded by C. Milinazzo. So voted. C. Samaras requested suspension of rules to take Item #6.5 out of order and request was generally assented to by the body. COMMUNICATIONS FROM THE CITY MANAGER 2. - COMMUNICATIONS FROM THE CITY MANAGER 2.1. 2016 / 181 - Motion Responses: (A) Update on Development Plans JDCU Headquarters (B) Parking Issues Around the McAvinnue School (C) Past and Future Events at Lowell Memorial Auditorium (D) Traffic Safety Issues Using Breakdown Lane on Pawtucket Blvd. (E) Lowell Memorial Auditorium Building Upkeep (F) Vivier Dedication of Access Road at LeBlanc Park In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) C. Belanger commented on Motion Response A regarding development plan for JDCU noting the progress on that plan. C. Milinazzo commented on Motion Response B regarding parking at McAvinnue School by Motion to refer to City Manager to bring before the City Council with suggested recommendations, seconded by C. Rourke. So voted. C. Mercier commented on Motion Response C regarding events at Lowell Memorial Auditorium questioning the caliber of events being promoted. Keith Vaske (General Manager Spectrum) commented on the lists of events in the report. C. Belanger questioned if there was a promoter employed by the management group and noted his concern about lack of activity downtown after events. Mr. Vaske commented on the procedure used to promote and attract the events. C. Samaras noted he was not impressed with the events and noted that prior management companies utilized Lowell High School as well. Mr. Vaske noted that there had been talks with the high school. C. Samaras questioned the contract that is in existence at this point. Mr. Vaske commented on the contract and some of the terms of it. Mr. Vaske noted some of the risks associated with promoting certain events. C. Rourke noted the need to promote downtown with the events that are using the space. C. Leahy noted the condition of the site and the need for upkeep to make venue more attractive. Mr. Vaske noted need for improvements. C. Samaras commented on Motion Response D regarding traffic on Pawtucket Blvd. noting the attention put on the issue. C. Leahy noted the upgrade of lights will keep the traffic flowing. Nicholas Bosonetto (Traffic Engineer) noted that improvements could be made at reasonable costs. C. Leahy noted the need to have a safe intersection. C. Elliott commented on right coming off of Old Ferry Road and the need for striping. C. Belanger commented on Motion Response E regarding upkeep of the Lowell Memorial Auditorium noting the report of Spectrum Management outlining all of the needs and that money will need to be invested in the site. Motion by C. Belanger, seconded by C. Mercier to refer to City Manager to prepare costs analysis regarding needs outlined in the report as well as financial analysis concerning catering contract in the building. So vote. C. Milinazzo noted the need to review catering contract at the site. C. Leahy noted the need for costs analysis and the possibility of some fundraising for the building. C. Rourke commented on Motion Response F regarding Vivier Dedication noting it is coming before the Parks Board and moving in the right direction. 2.2. 2016 / 174 - Communication-Reappoint Kerry A. Hall to Board of Health In Council, read and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) 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 x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 2.3. 2016 / 175 - Communication-Reappoint Rachel Edlund and George Villaras to the Lowell Historic Board 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 Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x 2.4. 2016 / 163 - Communication - City Manager request Out of State Travel (1) DPD. In Council, read and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) 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 VOTES FROM THE CITY MANAGER 3. - VOTES FROM THE CITY MANAGER 3.1. 2016 / 173 - Vote-Approve exemption of James Dillon from MGL c. 268A s.20 In Council, read twice and adopted. Full reading was waived without objection. 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. x Rourke, Daniel P. x x Samaras, William x 3.2. 2016 / 177 - Vote-Transfer $62K to Cemetery Division to provide funding for spring clean-up/ beautification on Memorial Day weekend and to complete section #35 at Westlawn Cemetery and make improvements to the office and chapel. In Council, read twice and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x 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 REPORTS (SUB / COMMITTEE, IF ANY) 4. - REPORTS (SUB / COMMITTEE, IF ANY) 4.1. 2016 / 165 - (1) Neighborhoods SC March 14, 2016; (2) Ad Hoc City Charter/Election Issues SC March 15, 2016. In City Council, C. Rourke provided report on Neighborhoods SC meeting outlining the attendance and discussion of Coehlo property and other properties in the Highlands. C. Mercier commented on the condition of the Coehlo property and that the owner is not responsive to the neighborhood. Manager Murphy noted he would be meeting with the owner of the property to discuss all of the issues on site. C. Rourke noted that Supt. Taylor (LPD) issued a crime report to the group. Motion by C. Rourke, seconded by C. Mercier to accept the report as a report of progress. So voted. In City Council, C. Leary provided report on City Charter/Elections Issues SC outlining attendance and discussion of changes to number of signatures to get on ballot; the number of candidates to have a preliminary election; and the adjustments of salaries for elected officials. C. Leary noted the recommendation regarding signatures of the subcommittee was to increase from fifty to one hundred and the matter gets a public hearing at City Council. Motion by C. Leary, seconded by C. Milinazzo to refer to public hearing a vote to increase amount of signatures needed to get on ballot. So voted. C. Leary noted the recommendation of the subcommittee was to increase the number of candidates needed to trigger a preliminary election to twenty three and the matter gets a public hearing at City Council. Motion by C. Leary, seconded by C. Samaras to refer to public hearing a vote to increase the number of candidates needed to trigger a preliminary election to twenty three. Adopted per Roll Call vote, 8 yeas, 1 nay (M. Kennedy). So voted. C. Leary noted the recommendation of the subcommittee was to refer to School Committee for input regarding salary adjustments for City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) elected officials and to reconvene the subcommittee to discuss further. Motion by C. Mercier, seconded by C. Samaras to refer salary matter to School Committee for input and reconvene the subcommittee for further discussion of same. So voted. Motion by C. Leary, seconded by C. Milinazzo to accept the report as a report of progress. So voted. PETITIONS 5. - PETITIONS 5.1. 2016 / 162 - Claim - (1) property. In Council, Motion to refer Law Department for report and recommendation by C. Leahy, seconded by C. Elliott. So voted. 5.2. 2016 / 159 - Misc. - ET Properties, LLC (Atty. James Flood) request City Council amend zoning code by extending SMU zone at 595 Pawtucket Boulevard (Saab Tower) 7,200 square feet of back parking lot that is presently zoned SSF. In Council, Motion to refer Law Department to draft ordinance by C. Milinazzo, seconded by C. Rourke. So voted. C. Leahy questioned procedure. 5.3. 2016 / 160 - Misc. - Jacob Fortes request to address City Council regarding sale of surplus property abutting the Markley Group at 2 Prince Avenue. In Council, Motion to refer Law Department and City Manager for report and recommendation by C. Belanger, seconded by C. Elliott. So voted. Registered speakers addressed the Council; Jacob Fortes (Petitioner); Janet Hebert; and Nancy Fortes. C. Milinazzo requested the matter be sent to City Manager as well. Manager Murphy commented on security need at access area surrounding Markley Group and that an RFP was in place for the proposal and that there is much more review and procedure left on this issue. C. Belanger commented on the need for secured area. C. Mercier noted the concern of the neighbors and that there may be compromise available. C. Elliott requested that information from neighbors be forwarded to the Markley Group. CITY COUNCIL - MOTIONS 6. - CITY COUNCIL - MOTIONS 6.1. 2016 / 164 - C. Elliott - Req. City Council discuss resolution to support municipal modernization bill. In Council, seconded by C. Leahy, read, discussed and referred to City Manager. So voted. C. Elliott noted it was an extensive bill and there were a lot of positive elements in the proposal. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) 6.2. 2016 / 166 - C. Elliott - Req. City Mgr. have proper department file comments regarding results from the Clay Pit Brook Backwater Study with FERC. In Council, seconded by C. Leahy, read and referred to City Manager/Flood Issues SC. So voted. C. Elliott noted there was a window of opportunity to submit comments regarding backwater study and that the Flood Issues SC should review the study. M. Kennedy noted that findings of the study should be further reviewed. C. Elliott amended his motion, seconded by C. Milinazzo to refer matter to Flood Issues SC. 6.3. 2016 / 167 - C. Elliott - Req. Mayor get report from Superintendent regarding plan to implement new screening requirements for schools under new opioid abuse law. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Elliott noted the need for the schools to be part of the educational element of combatting addiction. 6.4. 2016 / 168 - C. Milinazzo - Req. City Mgr. prepare a detailed report about why the proposed expanded trolley system project fell off the “rails”. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Milinazzo requested detail report to understand the issues and to see if a more suitable plan can be brought forward as it is an important part of economic development. Manager Murphy noted that not all parties initially involved were willing to go forward with project and there were no entities willing to operate same. 6.5. 2016 / 169 - C. Milinazzo - Req. City Mgr. work with NMCOG and the Middlesex Canal Commission to place historic markers at Hadley Park to commemorate the Middlesex Canal which ran through the area. In Council, withdrawn by C. Milinazzo. 6.6. 2016 / 178 - C. Leary - Req. City Mgr. review the feasibility of placing a cross walk on Chelmsford Street located between Inland Street and Avenue B. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Leary noted it was a major road in the City and a constituent made the request. 6.7. 2016 / 179 - C. Samaras/C. Belanger - Req. City Mgr. coordinate a fact finding mission with City officials and community leaders to Providence, Rhode Island to meet with Providence officials regarding branding and marketing of special effects at city events (i.e. water fire). City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) In Council, no second needed, read and referred to City Manager. So voted. C. Samaras requested look at the program to bring some elements back to Lowell. C. Belanger noted that such a display would be a good draw into the City. C. Leary noted that attendances at those events are enormous. 6.8. 2016 / 180 - C. Samaras - Req. City Mgr. review new traffic pattern at the J.G. Pyne School for safety reasons. In Council, seconded by C. Milinazzo, read and referred to City Manager/Law Dept. So voted. The following were registered to speak: Wendy Roberge (Principal); Richard Pitkin; and Sharon King who submitted signatures to Council. C. Samaras noted the safety issue outlined by school official and that enforcement is critical. C. Samaras requested further review of plan to ensure safety and appease the neighbors. C. Rourke questioned if set hours could be implemented. Manager Murphy commented that the 60 day trial was ending and that it would revert back to old ordinance unless changes made to that ordinance. C. Milinazzo noted that it would revert back to old system and that changes could be made to enhance safety. C. Leary requested further information. C. Mercier noted that compromise is possible between school and neighbors. C. Samaras noted that signage will be needed for any change. C. Rourke noted that changes should be made to ordinance. Motion by C. Rourke, seconded by C. Mercier to have Law Department make changes to ordinance to reflect one way during school year from 8 AM to 4 PM. So voted. M. Kennedy relinquished Chair to Vice Chair Rourke at 8:24 PM until end of meeting. 6.9. 2016 / 170 - M. Kennedy - Req. City Mgr. explore opportunities to make municipal water available to the public. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. M. Kennedy noted all should be afforded public water. C. Leahy noted that would be helpful to a lot of people. 6.10. 2016 / 171 - M. Kennedy - Req. Housing SC consider options for creating low income housing opportunities in the City. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. M. Kennedy noted the need to keep an inventory of housing available at affordable rates. ANNOUNCEMENTS 7. - ANNOUNCEMENTS In City Council, C. Mercier noted that St. Patrick’s Day Dinner hosted by City Manager is March 17th. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) ADJOURNMENT 8. - Time for meeting to stand adjourned. Motion to Adjourn by M. Kennedy, seconded by C. Samaras. So voted. Meeting adjourned at 8:27 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov