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: Apr 05, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 215 - Minutes of Flood Issus SC March 29th; City Council Meeting March 29th, for acceptance. Roll Call showed 9 present. Mayor Kennedy presiding. M. Kennedy introduced the new City Auditor, Bryan Perry, to the chamber. In City Council, minutes read, Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. C. Mercier conveyed a request from neighborhood group requesting that the Flood Issues SC minutes not be accepted by the body as the report contained therein was not acceptable and that the organization had four questions they wanted answered. City Clerk commented on the purpose and the procedure regarding the keeping and accepting of minutes. C. Mercier noted she would convene the Flood Issues SC when needed. Manager Murphy noted he had the questions that were referenced. C. Milinazzo noted that the minutes are an accurate reflection of the body. C. Leahy requested suspension of the rules to put a motion before the body. Allowed without objection. Motion by C. Leahy, seconded by C. Elliott to have Mayor make a formal request for an apology from the Cambodian government in regards to comments made of C. Mercier by one of its officials. Adopted per Roll Call vote, 9 yeas. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 2016 / 190 - Ordinance-Amend Ch. 9 Boards, Committees and Commissions - Create Sustainability Council formally known as Green Building Commission In City Council, Given 2nd Reading, hearing held. No remonstrants. Adopted on Roll Call vote. The following spoke in favor of the ordinance: Yovani Baez-Rose (DPD); Jay Mason; Marisa Shea; and Derek Pelotte. C. Samaras noted the group and the programs go to quality of life issues. 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 x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 2.2. 2016 / 194 - Ordinance-Traffic Amend Ch. 266 (Park Avenue East) Pyne Arts School In City Council, Given 2nd Reading, hearing held. Adopted on Roll Call vote. Speaking in favor of ordinance: Sharon King; Pauline King; Michael Lally (Lowell Cemetery); Nancy Pitkin; Laura Ortiz; and Alex Zaglia. Speaking in opposition of ordinance: Meaghan Hickcock; Chris Ebia; Christine Bell; and Jay Lang. C. Elliott noted the neighborhood issue was difficult and he would support ordinance with the understanding of high level enforcement and signage along with seeking additional parking. C. Samaras spoke to traffic in the area and there should be strict enforcement, more and improved signage and crossing guards. Nicolas Bosonetto (Traffic Engineer) commented on traffic study of area as well as signage present. C. Leary noted the procedures followed at other schools in the City and that better management in the area will improve the process. C. Milinazzo noted he respected all of the points of view and that enforcement and management of the area will increase safety. 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 x Leahy, John J. x Leary, James x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x COMMUNICATIONS FROM THE CITY MANAGER 3. - COMMUNICATIONS FROM THE CITY MANAGER 3.1. 2016 / 230 - Motion Responses: (A) Preventative Maintenance Program Lowell School Buildings Informational (B) National Park Service Centennial (C) Police Feasibility Study In Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Rourke. So voted. C. Leahy commented on Motion Response A regarding school building maintenance noting there should be a more effective way of changing out ceiling tiles and addressing smaller issues. Manager Murphy noted that a majority of the list was completed and that School Committee is pleased with the progress. C. Leary noted that all parties were pleased with progress and that more attention should be placed on ceiling tiles. Celeste Bernardo (Supt. of National Park) and Linda Sopheap Sou (National Park) made a presentation regarding Informational Response B regarding the National Park Centennial. Supt. Bernardo outlined the history of the park and the development partners throughout the years with regard to developing real estate and waterways by tax credits. Supt. Bernardo commented on future course for the National Park. Ms. Sou commented on centennial preparation noting specific dates of events and the various outreach on a local, state and national level. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) Lavallee Brensinger Architects present a study of highlights of a report regarding Informational Response C, police feasibility study. The report was entitled “Lowell, Ma. Police and DPW Facility Study – Final Report”. The presentation noted the study and the approach used for it outlining description of existing facilities and projections out twenty years. The same approach was used for police station and DPW headquarters which outlined proposed sites, proposed costs, future costs for inflation and combined budget figures. C. Milinazzo questioned future plans for fire headquarters. Manager Murphy noted that there were no plans at this time for firehouses. C. Rourke commented on ability of City to take on debt. Manager Murphy noted there would be a financial analysis done with this and that it would increase tax to citizens. Conor Baldwin (CFO) noted that there is room in City debt limit. C. Elliott noted that there must be a review of financial analysis before any decisions are made and it must be an affordable number. C. Leahy noted that there should be a review of revenue streams, grants and loans to analyze funding construction. C. Leary questioned bond costs associated with Lowell High School construction. Manager Murphy noted still not a set number as the project moves through state process. Mr. Baldwin spoke to initial debt analysis for Lowell High School. C. Leary spoke to federal grants and other revenues. C. Samaras commented on exploring partnerships with other entities in the City. C. Rourke questioned land acquisition in the scenario. Manager Murphy noted it would be in the area of five million dollars for securing premises. C. Mercier noted the need to look at the money issues in all of these projects. 3.2. 2016 / 232 - Communication-Memorandums of Understanding; Request for Ratification In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Elliott. So voted. 3.3. 2016 / 231 - Communication - City Mgr. request Out of State Travel (2) LFD. 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 Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) VOTES FROM THE CITY MANAGER 4. - VOTES FROM THE CITY MANAGER 4.1. 2016 / 233 - Vote-Auth Mgr Execute MOU Lowell Police Assn 7.1.15-6.30.18 In Council, Motion by C. Milinazzo, seconded by C. Rourke to take items #4.1 to 4.4 inclusive as one, adopt and to waive full readings. So voted. C. Samaras and C. Elliott abstained from vote and discussion on matter due to conflict. 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 4.2. 2016 / 234 - Vote-Auth Mgr Execute MOU Lowell Superior Officers Assn 7.1.15-6.30.18 In Council, Motion by C. Milinazzo, seconded by C. Rourke to take items #4.1 to 4.4 inclusive as one, adopt and to waive full readings. So voted. C. Samaras abstained from vote and discussion on matter due to conflict. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) 4.3. 2016 / 235 - Vote-Auth Mgr Execute MOU Lowell Organization City Engineers 7.1.15- 6.30.18 In Council, Motion by C. Milinazzo, seconded by C. Rourke to take items #4.1 to 4.4 inclusive as one, adopt and to waive full readings. So voted. C. Samaras abstained from vote and discussion on matter due to conflict. 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 4.4. 2016 / 237 - Vote-Auth Manager Execute MOU Local 2532 7.1.15-6.30.18 In Council, Motion by C. Milinazzo, seconded by C. Rourke to take items #4.1 to 4.4 inclusive as one, adopt and to waive full readings. So voted. C. Samaras abstained from vote and discussion on matter due to conflict. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) 4.5. 2016 / 238 - Vote-Auth Mgr Ex. License (sidewalk seating) Thirsty First Tavern and Grill Corp. In Council, read twice and adopted. Full reading 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 Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 4.6. 2016 / 239 - Vote-Transfer $2,514 and $45,532 Pet Fest and Police Training In Council, read twice and adopted. Full reading 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 Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x REPORTS (SUB / COMMITTEE, IF ANY) 5. - REPORTS (SUB / COMMITTEE, IF ANY) 5.1. 2016 / 225 - Substance Abuse SC April 5, 2016. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) In City Council, C. Belanger provided report noting the attendance and discussion of following drug addiction programs: First Watch (Trinity Ambulance); CO-OP (LPD, House of Hope, Lowell Health); and CARE Program (District Attorney). Supt. Taylor (LPD) outlined the CO-OP program. C. Mercier commented on the CARE program. C. Belanger commented on upcoming Youth Services SC meeting at UTEC. Motion to accept the report as a report of progress by C. Leahy, seconded by C. Mercier. So voted. PETITIONS 6. - PETITIONS 6.1. 2016 / 216 - Misc. - Joao dos Santos (Fabiano's Pizzeria and Cafe) request installation of overhanging sign at 127 Merrimack Street. In Council, Motion to refer to Law Department for report and recommendation by C. Milinazzo, seconded by C. Rourke. So voted. 6.2. 2016 / 217 - Misc. - Apartments at Boot Mills (Andrea Wallace, Manager) request installation of four double-sided projecting banners at 178 Bridge Street. In Council, Motion to refer to Law Department for report and recommendation by C. Milinazzo, seconded by C. Rourke. So voted. 6.3. 2016 / 218 - National Grid - Request removal and installation of new pole located at 182 Andover Street. In City Council, Given 1st Reading, Motion to refer as amended the matter to Public Hearing on April 26, 2016 at 7 PM by C. Leahy, seconded by C. Leary. CITY COUNCIL - MOTIONS 7. - CITY COUNCIL - MOTIONS 7.1. 2016 / 219 - C. Milinazzo - Req. City Mgr. begin the process to install a motion activated pedestrian light at the corner of Andover Street and Arbor Road. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Milinazzo requested to look at the costs and the best places for installing them. C. Leahy requested that a cross walk should be installed at Wentworth Avenue as well. 7.2. 2016 / 220 - C. Samaras - Req. City Mgr. have proper department provide a report regarding sewage issues on Ludlam Street. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras noted that there is an odor in the area and it has been a persistent problem. 7.3. 2016 / 221 - C. Samaras - Req. City Mgr. provide a report regarding the economic viability of residential housing versus high-rise commercial development at Connector Park. In Council, seconded by C. Leary, read and referred to City Manager. So voted. C. Samaras noted that the needs of commercial space in the City are vital and that this area is one of the last to allow commercial high rises. Item # 7.7 was taken up at the same time as this discussion. 7.4. 2016 / 222 - C. Mercier - Req. City Mgr. report on status of proposed Lowell House re- development plan and refer to Housing SC. In Council, seconded by C. Elliott, read and referred to City Manager and Housing SC. So voted. C. Mercier noted that developments would be beneficial to combatting drug addiction. 7.5. 2016 / 223 - C. Belanger - Req. City Mgr. update City Council regarding disposition of the current District and Superior Courts as possible use by LPD and/or School Department once the Judicial Center is completed. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Belanger noted the buildings could be of some use to the City. 7.6. 2016 / 224 - C. Leahy - Req. City Mgr. provide a report regarding clean-up of various homeless camps throughout City; report to include clean-up of trash and needles as well as provisions for future support of inhabitants. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Leahy noted concern for safety of employees and that services are available for any person displaced. 7.7. 2016 / 226 - C. Leary - Req. City Mgr. provide a report on the advisability for housing versus commercial development at Connector Park. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Leary noted that startup companies who are successful are looking to expand and areas should be available in the City. C. Leary questioned zoning in the area. Manager Murphy commented on the zoning noting a Special Permit would be needed to put residential housing in that commercial zone. Substitute Motion by C. Leary, seconded by C. Leahy to refer to Law Department to draft ordinance that would not allow residential housing in the commercial zone and not make Special Permit available for such a purpose. Defeated by Roll Call vote, 4 yeas, 5 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) nays (C. Belanger, C. Elliott, C. Mercier, C. Milinazzo, C. Rourke). So voted. C. Rourke noted that a lot of the neighbors were in favor of proposed residential plan and that there is a petition already being addressed the board. C. Belanger noted it may not be best use but it is a use that is before the board and that parcel has been dormant for a long time. City Solicitor O’Connor noted that if new ordinance is advertised before board issues a decision then all are subject to new ordinance. C. Samaras requested report to look at economic impact of commercial development. M. Kenney relinquished Chair to Vice-Chair Rourke at 9:21 PM. C. Belanger noted the petition is currently in front of a board. M. Kennedy commented he is familiar with area and was present as it was originally zoned noting it is the last substantial piece of industrial land and that it should be protected for its highest and best use. C. Leahy noted it was time to hold onto commercial property. C. Rourke returned Chair to M. Kennedy at 9:26 PM. C. Rourke noted current petition done by owner and the amount of costs and efforts put forth by them to date. C. Elliott noted the original motion was to gather and review reports and that the body should slow down and do that at the outset. C. Leary questioned what time frame the Planning Board has on this matter and there may not be a need to move quicker on this item. C. Milinazzo noted it would be appropriate to stop and get information. M. Kennedy relinquished Chair to Vice-Chair Rourke at 9:35 PM until conclusion of the meeting. M. Kennedy noted that only a Special Permit would allow for residential units in that zoning district. 7.8. 2016 / 236 - C. Mercier - Req. City Mgr. provide information from the Career Center regarding providing OSHA training as done in Lawrence. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted that this program should be available in Lowell. 7.9. 2016 / 229 - M. Kennedy - Req. City Mgr. secure an estimate of costs involved in extending the Clay Pit Brook culverts to below the Pawtucket Dam. In Council, seconded by C. Samaras, read and referred to City Manager. So voted. M. Kennedy noted it is continued effort to address flooding in the area and that it may benefit Enel so they could share costs associated with same. ANNOUNCEMENTS 8. - ANNOUNCEMENTS None. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) ADJOURNMENT 9. - Time for meeting to stand adjourned. Motion to Adjourn by C. Elliott, seconded by M. Kennedy. So voted. Meeting adjourned at 9:45 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov