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 12, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 247 - Minutes of Youth Services SC April 6th; Substance Abuse SC April 5th; City Council Meeting April 5th, for acceptance. Roll Call showed 9 present. Mayor Kennedy presiding. C. Mercier requested moment of silence in darkened chamber for Roger F. Martin, Jr. C. Samaras requested moment of silence in darkened chamber for Phyllis Durkin. In City Council, minutes read, Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. COMMUNICATIONS FROM THE CITY MANAGER 2. - COMMUNICATIONS FROM THE CITY MANAGER 2.1. 2016 / 256 - Motion Responses: (A) College Town Initiative (B) Enel Bridges Repair Traffic Plan (C) LMA Building Upkeep (D) Lord Overpass Clean Up (E) Intersection of Nesmith St and Andover St Informational: (F) Lowell Memorial Auditorium City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) In Council, Motion “To accept and place on file” by C. Samaras, seconded by C. Leahy. So voted. C. Leahy noted some open questions concerning closed-captioned, aggressive pan handling downtown and agenda.net function. C. Samaras commented on Motion Response A regarding college town initiative noting the report and requesting comment by the Manager. Manager Murphy commented about a college town initiative and how it manifests in the City. C. Samaras commented on Motion Response B regarding bridge repairs traffic plan noting the steps to be taken and to assist the neighborhood. Manager Murphy noted that the City will be hiring an engineer firm to oversee all of the construction and that a traffic plan will be included as part of their work. C. Rourke commented on Motion Response C regarding auditorium upkeep noting that all the work needed could not be done financially. Manager Murphy noted that there are priorities with the City that will be addressed. C. Milinazzo commented on catering contract and questioned how it came about. Manager Murphy noted that it was done through RFP process. C. Belanger noted that the building is in need for serious attention in the near future and it must be planned for. Motion by C. Belanger, seconded by C. Mercier to request City Manager prepare costs of items to be addressed per Global Spectrum memorandum to City. So voted. C. Samaras commented on Motion Response D regarding Lord Overpass clean-up noting the challenges present in that endeavor. C. Leahy requested inner circle of overpass be addressed as well. C. Samaras commented on Motion Response E regarding intersection at Andover and Nesmith Streets noting new design will increase safety. Manager Murphy commented on widening of the street and new lighting. Manager Murphy commented on Informational Response F regarding the auditorium noting the Spectrum contract as well as concession breakdowns. 2.2. 2016 / 241 - Communication-Resignation of Carolyn Delehanty-Lowell Cultural Council In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Belanger. So voted. 2.3. 2016 / 242 - Communication-Ltr from JoAnn Keegan Requesting Leave of Absence from Board of Health end effective 4/30/16 and consideration of her return to the Lowell Board of Health City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Mercier. So voted. C. Leary noted that Ms. Keegan will be back on Board of Health. Manager Murphy recognized the contribution of Ms. Keegan during her service. C. Mercier requested that new director and Ms. Keegan is present at next meeting. C. Elliott recognized the efforts of Ms. Keegan as well. 2.4. 2016 / 243 - Communication-Resignation of Robert Gagnon-Sustainability Council In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Elliott. So voted. 2.5. 2016 / 244 - Communication-Appoint Derek Pelotte, Christina Rohrbacher and Angela Vincent to Sustainability Council In Council, read and adopted. Ms. Rohrbacher and Mr. Pelotte were present and thanked the Council. 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 2.6. 2016 / 248 - Communication - City Mgr. request Out of State Travel (1) CC. In Council, read and adopted. C. Mercier noted that this was her first time voting on such a matter and commented that it seemed like a junket. C. Elliott noted that there was no budget for such an item and that they should be cautious in setting any precedent. M. Kennedy commented on his prior experience with such trips as a council member and noted they were useful to bring ideas from outside the City back. C. Mercier noted that a report should be included. C. Milinazzo noted his support of the vote and that there will be a benefit to the City on the matter. C. Samaras noted his support of the vote and that some procedure should be set for future travel. Motion by C. Samaras, seconded by C. Leary to refer to Financial SC to develop procedure for attendance to professional development conferences. So voted. C. Belanger noted the City should have a presence on some conferences. C. Leary supportive of City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) travel and that information regarding the trip should be brought back to body. C. Leahy abstained from 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 x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x VOTES FROM THE CITY MANAGER 3. - VOTES FROM THE CITY MANAGER 3.1. 2016 / 253 - Vote-Apply/Accept/Expend $5,600 from MA DHCD for the 2016 MA Youth Count Grant 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 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 ORDERS FROM THE CITY MANAGER 4. - ORDERS FROM THE CITY MANAGER City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) 4.1. 2016 / 240 - Order-60 day trial (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 Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x 4.2. 2016 / 254 - Order of Taking and Acceptance of Dowling Drive and Cresta Drive In City Council, Given 1st Reading, waived full reading without objection, Motion to refer matter to Public Hearing on April 26, 2016 at 7 PM by C. Milinazzo, seconded by C. Rourke. So voted. 4.3. 2016 / 255 - Order of Taking and Acceptance of Portion of Suffolk Street In City Council, Given 1st Reading, waived full reading without objection, Motion to refer matter to Public Hearing on April 26, 2016 at 7 PM by C. Rourke, seconded by C. Samaras. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 5. - REPORTS (SUB / COMMITTEE, IF ANY) 5.1. 2016 / 251 - (1). Youth Services SC April 6, 2016. (2). Zoning SC April 12, 2016. In City Council, C. Belanger provided Youth Services SC report noting the attendance and outlined the discussions regarding summer job and recreation programs. C. Mercier noted that Kody Fraser of AmeriCorp prepared a PSA regarding jaywalking. Mr. Fraser presented it to the Council. Motion to accept the report as a report of progress by C. Mercier, seconded by C. Rourke. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) C. Milinazzo provided Zoning SC report noting the attendance and outlined discussions regarding classifications of mobile/modular/manufactured homes and the proposed changes to those classifications. . Motion to accept the report as a report of progress by C. Rourke, seconded by C. Belanger. So voted. C. Mercier reported from Board of Parks meeting regarding dedications forwarded from the City Council. C. Mercier noted Housing SC will meet April 20th. C. Rourke noted the Neighborhoods SC will meet at St. Anthony Parish April 21st. PETITIONS 6. - PETITIONS 6.1. 2016 / 252 - Claim - (1) property. In Council, read and Motion refer to Law Department for report and recommendation by C. Leahy, seconded by C. Milinazzo. So voted. CITY COUNCIL - MOTIONS 7. - CITY COUNCIL - MOTIONS 7.1. 2016 / 249 - C. Belanger - Req. City Mgr. updated City Council regarding selection of the master developer for the Hamilton Canal District. In Council, seconded by C. Leary, read and referred to City Manager. So voted. C. Belanger requested update so that project does not stall. C. Belanger commented on value of property being developed. Manager Murphy commented on appraisals of two properties. C. Belanger that goal should be to make development attractive as possible to investors. 7.2. 2016 / 257 - C. Elliott - Req. City Mgr. report on status of operation of Lowell Co- Generation plant and the amount of tax delinquency. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Elliott noted the property on Western Avenue and that there should be aggressive movement on back taxes. 7.3. 2016 / 258 - C. Elliott - Req. City Mgr. report on status regarding Panhandling Ordinance and ways to address aggressive panhandling. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Elliott noted that there should be a different approach to stemming the problem. C. Leahy noted the problem is getting more serious and needs to be rectified. C. Belanger noted the need to look at all possible solutions and was critical of judicial response. C. Leary commented on the need to be creative in solving the problem. C. Mercier noted if stop giving they will go away. C. Milinazzo noted that the Living Waters community is a huge source of panhandling problem in Lowell and that they should be a major part of the solution. C. Samaras noted the need for all parties to meet and form a solution which would include businesses, non-profits and City. Motion by C. Samaras, seconded by C. Rourke to have City Manager organize a community group to address panhandling issue and provide possible solutions. So voted. C. Leahy commented on whole country is dealing with this issue. M. Kennedy commented on first amendment rights being the fall back on the issue and that a possible solution would be to prevent motorists from delaying traffic when giving money to individuals. 7.4. 2016 / 250 - C. Leary/C. Rourke - Req. City Mgr. through LPD provide the Pyne School with a crossing guard and work with the school administration to implement the crossing guard staff during the appropriate time frames at the appropriate locations. In Council, no second needed, read and referred to City Manager. So voted. C. Leary noted the need to enforce any ordinance involving flow of traffic in area. C. Rourke requested a list of crossing guards at the schools. C. Leahy noted that school needs to be involved with enforcement and adhering to all traffic rules. C. Elliott commented the need to look at whole area including parking. 7.5. 2016 / 259 - M. Kennedy/C. Leary - Req. City Mgr. have DPD and other appropriate departments work with the Cambodian business community to erect a sculpture at corner of Middlesex and Branch Streets. In Council, no second needed, read and referred to City Manager. So voted. C. Leary noted it would be done by private fundraising and be put on private property. C. Mercier noted this was separate from any gift from Cambodia. M. Kennedy noted it was private money and private land and that the City would assist with any permitting. C. Elliott noted concern with city property. ANNOUNCEMENTS 8. - ANNOUNCEMENTS In City Council, C. Leahy noted the two year anniversary of City Manager. C. Samaras recognized Earth Day 2016. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) ADJOURNMENT 9. - Time for meeting to stand adjourned. Motion to Adjourn by C. Mercier, seconded by C. Rourke. So voted. Meeting adjourned at 8:37 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov