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: Aug 09, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 501 - Minutes of Downtown Redevelopment SC July 26th; City Council Meeting July 26th, for acceptance. Roll Call showed 8 present. C. Leahy was absent. C. Elliott arrived at 6:35 PM. Mayor Kennedy presiding. C. Belanger requested moment of silence in darkened chamber for Mary Anne Petrakos. C. Mercier requested moment of silence in darkened chamber for Richard Cohan. C. Rourke requested moment of silence in darkened chamber for Calvin Riley. M. Kennedy presented Citation to Brianna Sanchez and Crystal Gomez, lifeguards for the City of Lowell, recognizing their recent life savings efforts at McPherson pool. C. Rourke also noted that the Manager had sent acknowledgement of the event as well. In City Council, minutes read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Samaras. So voted. CITY AUDITOR 2. - CITY AUDITOR 2.1. 2016 / 515 - Communication - FY16 Budget Report YTD (June). In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 12) GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2016 / 492 - Ordinance-Create One Part-time Grant-funded Program Assist., H&HS Dept. In City Council, Given 2nd Reading and adopted. Public hearing held. No Remonstrants. Manager Murphy commented that the grant would be used to educate athletes at Lowell High School regarding addiction to pain medication. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. Leary, James x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2016 / 489 - Comcast - Request to install and maintain 129' of PVC communication conduit at 10 Technology Drive. In City Council, Given 2nd Reading and Motion to refer to Wire Inspector for report and recommendation by C. Milinazzo, seconded by C. Samaras. So voted. Public hearing held. Speaking in favor Lisa Demeo (City Engineer). No Remonstrants. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2016 / 527 - Motion Responses: (A) Homeless Camps (B) Repaint Crosswalk on Lower Merrimack St. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 12) (C) Sheehy Park (D) Health Insurance Transition (E) Status of Cogeneration Plant Informational: (F) Lowell Festival Foundation Communication In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Milinazzo. So voted. C. Mercier commented on Motion Response A regarding clearing of homeless camps noting the costs and the savings that can be obtained by having City clear them. Manager Murphy noted that they are in the process of moving the service in-house and that training would be involved. C. Leary noted the service should be done in-house and proper training should be provided. C. Leary commented on Motion Response C regarding Sheehy Park questioning the paving schedule. Manager Murphy noted the need for special asphalt for the area as it is in a flood zone. C. Milinazzo commented on Motion Response D regarding health insurance transition noting the benefits and the savings realized by new plans. Manager Murphy commented on the fund established by the City in order to mitigate increased costs to enrollees. C. Elliott commented on Motion Response E regarding Cogeneration Plant noting the collection of outstanding taxes and the current value of building as reflected by recent sale. Manager Murphy noted there were additional items to be reviewed when assessing the value of the property. Manager Murphy commented on Informational Response F acknowledging the efforts of City employees towards the success of the Folk Festival. C. Mercier commented on the success of the Folk Festival. 5.2. 2016 / 512 - Communication-Resignation of Nancy McGovern (License Commission) In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Samaras. So voted. 5.3. 2016 / 513 - Communication-Resignation of Kristen M. Hogan (License Commission) In Council, Motion “To accept and place on file” by C. Samaras, seconded by C. Leary. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 12) 5.4. 2016 / 516 - Communication-Appoint Martha E. Howe to License Commission In Council, read and adopted. Atty. Howe was present and thanked the Council for the opportunity. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. Leary, James x x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 5.5. 2016 / 517 - Communication-Appoint Joseph I. Donahue to License Commission 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. Leary, James x x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x 5.6. 2016 / 506 - Communication - City Mgr. 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 5 of 12) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. 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 6. - VOTES FROM THE CITY MANAGER 6.1. 2016 / 511 - Vote-Approving the exemption of Christopher J. Smith from the provisions of MGL Ch. 268A, s.20. In Council, read twice, waived full reading 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. Leary, James x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.2. 2016 / 514 - Vote-Apply/Accept/Expend $870K from HUD for Homeless Assistance Services In Council, read twice, waived full reading and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 12) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. Leary, James x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x 6.3. 2016 / 518 - Vote-Accept Proposal of Valdir Borba ($156,100) 799 Gorham Street In Council, read twice, waived full reading 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. Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x 6.4. 2016 / 520 - Vote-Accept Gift of $200.00 from the Markley Group to support Lowell Police Dept. Community Programs. In Council, read twice, waived full reading 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. Leary, James x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 12) Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x 6.5. 2016 / 528 - Vote-Apply/Accept/Expend ($400,000) Complete Streets Construction Funding In Council, read twice, waived full reading and adopted. C. Rourke questioned where the money would be spent. Manager Murphy noted that it would be for lighting on pathways and new pathways at the South Common. C. Mercier commented on the problem with vagrants sleeping in the South Common. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. x Leahy, John J. Leary, James x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x 6.6. 2016 / 526 - Vote-Authorize City Manager Execute Temporary License Agreement (68 Jackson Street) In Council, read twice, waived full reading and adopted. C. Belanger noted he would not support this easement in the future as that area should be developed for the benefit on the neighborhood and not for temporary parking. 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. Leary, James x Mercier, Rita M. x Milinazzo, James L. x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 12) Rourke, Daniel P. x Samaras, William x 6.7. 2016 / 525 - Vote-Authorizing the City Manager to Execute Limited Access Agreement with S&R Corporation In Council, read twice, waived full reading 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. Leary, James x x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2016 / 519 - Order-Dedicate Mt. Pleasant Street and Reservoir Street (William L. Sargent Memorial Square) In Council, read twice, waived full reading and adopted. The son of Mr. Sargent addressed the Council and thanked them for their support. C. Mercier questioned when the dedication would take place. 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. Leary, James x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 12) Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) None. PETITIONS 9. - PETITIONS 9.1. 2016 / 502 - Claims - (4) property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Samaras, seconded by C. Rourke. So voted. 9.2. 2016 / 503 - Misc. -John Jeffers and Ann Shea request installation of handicap parking sign at 70 Methuen Street. In Council, read and Motion to refer petition, as amended to 60 day trial, to Traffic Engineer for report and recommendation by C. Mercier, seconded by C. Leary. So voted. Motion by C. Mercier, seconded by C. Leary to amend petition to a 60 day trial. So voted. 9.3. 2016 / 504 - Misc. - Ronald Turgeon request permission to discuss traffic conditions on Sparks Street. In Council, read and Motion to refer to Traffic Engineer for report and recommendation by C. Mercier, seconded by C. Samaras. So voted. C. Mercier noted that the individual is in a tough location and requested help if it were available. 9.4. 2016 / 510 - National Grid/Verizon New England - Request installation of pole and anchor located at 691 Stevens Street. In City Council, Given 1st Reading, Motion to refer matter to Public Hearing on August 23, 2016 at 7 PM by C. Rourke, seconded by C. Milinazzo. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 12) 10.1. 2016 / 507 - C. Mercier - Req. City Mgr. have proper department paint new crosswalks on Middlesex Street between Wilder Street and Walgreens. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Mercier commented on the area and that there were a lot of pedestrians present. C. Rourke commented on the presence of LRTA bus stops and that they should have crosswalks associated with them. 10.2. 2016 / 508 - C. Samaras - Req. City Mgr. have appropriate department review the availability of handicap access to City parks. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Samaras commented that access was important in the park especially for wheelchairs. 10.3. 2016 / 509 - C. Samaras - Req. City Mgr. prepare a report regarding rehab of the JFK Plaza and to permanently display the flags that represent the diversity of the community of Lowell. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Samaras questioned if any upgrading would be done to the plaza and that perhaps gardens could be added. C. Samaras noted that the presence of flags in the plaza would benefit the community. C. Mercier commented on the various flag raisings in the City and the positive effect on the community they have. 10.4. 2016 / 521 - C. Milinazzo/C. Samaras -Req. City Council go on record to re-affirm our working relationship/partnership with UMASS Lowell which will continue to benefit the economic vitality of the city and its residents and to request the City Manager to do what is necessary to preserve and strengthen this relationship/partnership. In Council, no second needed, read and referred to City Manager. So voted. C. Milinazzo noted that discussion between the parties seems to be back on track and moving in the right direction. C. Milinazzo noted the motion was intended to keep discussions fluid and to indicated the importance of the relationship with the University as in line with a college town vision for Lowell. C. Samaras noted support in the ability of the City Manager to negotiate on the part of the City and that there are enormous benefits to working together. C. Mercer commented on the benefits the University brings to Lowell but was upset regarding the treatment of the residents at Perkins Place. C. Mercier noted that the Manager should do his job and negotiate for the benefit of the citizens of Lowell and commented she had faith that would happen. C. Milinazzo noted that some of the residents of Perkins Place are taking advantage as first time homebuyers through the Lowell Plan. C. Elliott noted that the City has City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 12) always supported any initiative the University has put forward and that will continue. C. Elliott noted the relationship is still fruitful and that each party simply looks out for their own interests. C. Leary noted as the University prospers so does the City and that they are partners and the Manager will deal fairly with them. C. Belanger noted the rhetoric should cease and that each party recognizes all of the benefits of the partnership. C. Leahy (via written submission) commented on the importance of the partnership with the University for both parties and that the University offers many benefits to the City including attracting new citizens to Lowell. 10.5. 2016 / 522 - C. Leary/C. Leahy - Req. City Mgr. have DPW paint the crosswalks prior to the beginning of the school year. In Council, seconded by M. Kennedy as C. Leahy was absent, read and referred to City Manager. So voted. C. Leary commented on the importance to schedule needed work. 10.6. 2016 / 523 - C. Leary/C. Leahy - Req. City Mgr. provide outstanding work order tickets for the Lowell Public Schools and to have the DPW meet with the schools in order to coordinate time lines to complete outstanding tickets prior to the school year. In Council, seconded by M. Kennedy as C. Leahy was absent, read and referred to City Manager. So voted. C. Leary commented that work orders should be updated to properly maintain the buildings. ANNOUNCEMENTS 11. - ANNOUNCEMENTS In City Council, C. Milinazzo recognized Representative Golden regarding passage of new energy bill in the House. C. Mercier recognized the accomplishments of the American Legion Baseball Team in their recent tournament. C. Mercier recognized the recent donation of the City Wide Neighborhood Association. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Rourke, seconded by C. Samaras. So voted. Meeting adjourned at 7:45 PM. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 12) Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov