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: Sep 13, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 549 - Minutes of Economic Development SC August 23rd; City Council Meeting August 23rd; Ah Hoc SC Charter Changes/Election Issues September 6th; Public Safety SC September 6th, for acceptance. Roll Call showed 9 present. Mayor Kennedy presiding. C. Mercier requested moment of silence in darkened chamber for Henry Sykes. C. Belanger requested moment of silence in darkened chamber for Marjorie Cutter. C. Rourke requested items 3.1(M) and 9.8 be taken out of order without objection. In City Council, minutes read, Motion “To accept and place on file” by C. Leary, seconded by C. Samaras. So voted. GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 2016 / 537 - Ordinance-Create new section 167-7 entitled Mobile Food Vendors In City Council, Given 2nd Reading and adopted as amended to include a nine month review period. Public hearing held. Speaking in favor were Allison Lamey (DPD); Mindy Nelson; and Lorrie Mortimer. Speaking in opposition was Joe Quinn. Manager Murphy noted the ordinance would expand the use of food trucks and promote their use and outlined areas which would be restricted for such use. C. Leahy commented on fees, costs and parking issues. Manager Murphy outlined parking scheme as well as indicating fees would be covered with separate City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 15) ordinance. C. Leahy outlined various restrictions which would limit use of food trucks. C. Elliott noted increase competition is needed for a lively downtown and that there are protections in the ordinance for downtown establishments. C. Milinazzo noted the need to attract vendors to City and he was concerned over restrictions. C. Milinazzo requested that various emails received on this item be included in the record. Motion by C. Milinazzo, seconded by C. Mercier to waive restrictions for period of time to gather data regarding effect on other businesses. City Solicitor O’Connor noted any such change would warrant further posting and advertising. This motion was withdrawn by maker with consent of second as original ordinance would be amended to include 9 month review period. C. Mercier noted review after certain amount of time is warranted and that parking should be observed as well. C. Belanger noted the success of food truck festival and those restrictions are protective and that trucks should be subject to same inspections placed upon brick and mortar restaurants. C. Rourke commented on how restrictions protect interest of owners. C. Samaras noted his support of food truck industry and that there should be restrictions protecting Lowell High School area. C. Leary noted ordinance covers areas of concern. 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 Rourke, Daniel P. x Samaras, William x 2.2. 2016 / 538 - Ordinance-Create 2 new full time grant funded positions (Financial Asst and Asst. Career Center Manager) and establish salaries in the Career Center Div. of Managers Office. In City Council, Given 2nd Reading and adopted. Public hearing held. No Remonstrants. Speaking in favor was Shannon Norton-Calles (Career Center). City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 15) 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 2.3. 2016 / 542 - Ordinance-Create 1 new full time grant funded position entitled MOAPC Coalition Coordinator and establishing salary and deleting 2 positions and salaries entitled Outreach Workers in the Health and Human Services Dept. In City Council, Given 2nd Reading and adopted. Public hearing held. Speaking in favor was Kerrin Vigroux (Health and Human Services). No Remonstrants. C. Belanger questioned the cutting of two positions. Ms. Vigroux commented on reasoning and process for grant implementation. Manager Murphy noted the use of grant should be used to bring in best person to perform the duties. C. Leary noted the need for effective people and that the Manager is committing resources to the department. C. Elliott noted the need to combat addiction epidemic by various methods. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 15) COMMUNICATIONS FROM THE CITY MANAGER 3. - COMMUNICATIONS FROM THE CITY MANAGER 3.1. 2016 / 582 - Motion Responses: (A) Andover Street (B) Paint Crosswalks Prior to School Year (C) Crosswalks on Middlesex Street (D) Hebert Dedication (E) Lord Dedication (F) School Grounds Care (G) Sustainable Solution to Panhandling Chronic Homelessness (H) Intersection of Mammoth Rd and Pawtucket Blvd (I) Report Regarding the Granite United Church use of the Sullivan School (J) CopSync Alert System (K) Lord Overpass Clean Up Informational: (L) CivicReady (M) DCAMM Presentation Regarding the Judicial Center (N) Fire Department Performance and Management Study (O) LowellSTAT Library Public Report Petition Response: (P) Handicap Parking Avenue A In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Rourke. So voted. C. Leahy commented on Motion Response A regarding Andover Street noting the installation of additional crosswalks. C. Mercier commented on Motion Response D regarding Hebert dedication noting the addition of Raymond Ouellette to display. C. Mercier commented on Motion Response E regarding Lord dedication noting the prior approval by the Board of Parks. C. Leahy commented on Motion Response F regarding school grounds by Motion to refer to Municipal Facilities SC, seconded by C. Leary. So voted. C. Leahy noted that the school administration should be on same page regarding this issue. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 15) Manager Murphy commented on Motion Response G regarding panhandling noting the response covers many motions submitted by the body covering the issue and introduced a new public awareness campaign. C. Samaras noted the campaign was a movement in the right direction. C. Elliott noted the approach is meant to help people. C. Belanger stated it was great initiative. Motion to refer to Downtown Redevelopment SC by C. Leahy, seconded by C. Elliott. So voted. C. Elliott discussed item #9.1 motion regarding panhandling which was referred to Downtown Redevelopment SC as well. Manager Murphy commented on Motion Response H regarding intersection at Mammoth Road and Pawtucket Blvd. noting changes by MDOT and that parking should not be changed. C. Milinazzo commented on Motion Response I regarding Granite United Church noting he had relative in area and that there should always be quiet enjoyment in any neighborhood. Manager Murphy noted that there would be an increase in oversight to protect interest of the neighbors. M. Kennedy requested that the School Committee be made aware of the situation. C. Leahy noted schools must be diligent in leasing the buildings. C. Rourke requested that item #9.7 be taken out of order without objection. C. Belanger commented on Motion Response J regarding CopSync noting it was a safety system for schools which is mandated by the State. Capt. Webb (LPD) commented on the system and the status of implementing a new security system for the schools. C. Belanger noted the schools need to be compliant with State law and that there should be a review of the matter by the Manager. C. Milinazzo noted the need for a public procurement in this area. C. Leahy noted the effectiveness of the system. C. Samaras commented on Motion Response K regarding Lord Overpass noting the use of private money to clean areas. C. Belanger noted there was a lot of private and public money to clear an enormous amount of trash and debris. C. Leahy noted that there should be some federal support to assist in this area. Manager Murphy commented on Informational Response L regarding CivicReady alert system noting it was part of updating and improving the City website. C. Milinazzo noted that the elderly should be assisted with obtaining the system. C. Leary noted it was an important tool for the elderly. C. Belanger noted it was a significant upgrade and is compatible with all devices. Manager Murphy commented on Informational Response M regarding Judicial Center noting the upcoming ground breaking ceremony. Bill Delong (DCAM) and the architects of the building provided body with presentation concerning the design and other features of the building City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 15) including the site. C. Rourke questioned time line for project and was informed of a November 2019 completion date. Manager Murphy commented on Informational Response N regarding fire department review requesting matter be forwarded to subcommittee for further review. Motion by C. Leary, seconded by C. Belanger to forward review to Public Safety SC. So voted. Manager Murphy commented on Informational Response O regarding STAT report on library by outlining the response. C. Milinazzo requested report be forwarded to library board of trustees. C. Samaras requested Item #9.5 be taken out of order without objection. 3.2. 2016 / 576 - Communication-Accept Resignation of Ryan P. Gilday (Pollard Library Trustee) In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Samaras. So voted. 3.3. 2016 / 583 - Communication-Reappoint Van Pech and Dennis McCarthy (Alt member) to Board of Appeals 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 Rourke, Daniel P. x x Samaras, William x x 3.4. 2016 / 568 - Communication - City Mgr. request Out of State Travel (1) MIS; (5) LPD; and (1) Career Center. In Council, read and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 15) 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 VOTES FROM THE CITY MANAGER 4. - VOTES FROM THE CITY MANAGER 4.1. 2016 / 575 - Vote-Authorize Filing Special Legislation-Deputy Superintendent Police non-civil service 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 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 4.2. 2016 / 578 - Vote-Accept Gift ($300) Laborers' Int'l Union of N.A Local #429 for LPD toward next Police Movie Nights, held in summer of 2017. In Council, read twice, waived full reading and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 15) 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 4.3. 2016 / 579 - Vote-Apply/Accept/Expend a MassWorks Grant for $2,207,400.00 In Council, read twice, waived full reading and adopted. C. Belanger requested information regarding the vote. Manager Murphy noted the grant would involve a redesign of area around Thorndike Street and Highland Avenue. 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 Rourke, Daniel P. x x Samaras, William x 4.4. 2016 / 581 - Vote-Petition Legislature for authority to increase number of signatures qualified to vote for a candidate for said office from 50 to 150. In Council, read twice, waived full reading, Motion by C. Leary, seconded by C. Rourke to delay matter and refer to Public Hearing on September 27, 2016 at 7 PM. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 15) 4.5. 2016 / 584 - Vote-Transfer $20,000 to fund education and overtime for enforcement Development Svcs 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. x Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x 4.6. 2016 / 585 - Vote-Transfer $40K to fund ammunition (Police Dept) In Council, read twice, waived full reading and adopted. C. Rourke requested information on the vote. Manager Murphy noted there was a need for more ammunition due to increased training. C. Elliott requested information regarding the status of the use of Tasers by the LPD. 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 4.7. 2016 / 586 - Vote-Auth Manager Accept Deeds of Certain Parcels 44 YMCA Drive, 44.1 YMCA Drive, 44.2 YMCA Drive, 34.1 Robinson Street, 2 Lowell Connector, 71 YMCA Drive, 28 YMCA Drive, 28.1 YMCA Drive, 28.2 YMCA Drive collectively the “Acquisition Properties”. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 15) 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. x Leary, James x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x ORDERS FROM THE CITY MANAGER 5. - ORDERS FROM THE CITY MANAGER 5.1. 2016 / 577 - Order-60 day trial (various) 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. x Leary, James x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x ORDINANCES FROM THE CITY MANAGER 6. - ORDINANCES FROM THE CITY MANAGER 6.1. 2016 / 580 - Ordinance-Increase salary of City Council, Mayor and School Committee City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 15) members In City Council, waived full reading, Motion to refer to Public Hearing on September 27, 2016 at 7 PM by C. Leary, seconded by C. Milinazzo. So voted. C. Elliott noted he did not support a change in the salary structure for the body. C. Elliott noted he did not support sending the matter to a Public Hearing. REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) 7.1. 2016 / 556 - (1) Ad Hoc SC City Charter/Election Issues September 6, 2016; (2) Public Safety SC September 6, 2016; In City Council, C. Leary reported on the Ad Hoc SC City Charter/Election Issues meeting noting the attendance and the discussion regarding the salaries of elected officials, signatures needed for the placement on ballot and number of candidates needed for a primary. C. Leary noted that the body supported public input regarding salaries and signatures needed for ballot and that these items have been referred to public hearing earlier this meeting. In City Council, C. Leahy reported on Public Safety SC noting the attendance and the discussion regarding a loan order to support purchase of video equipment to enhance shot detection system. Motion by C. Leahy, seconded by C. Leary to have City begin loan order process to purchase video equipment to enhance shot detection system. So voted. Motion to accept the reports as reports of progress by C. Leahy, seconded by C. Leary. So voted. 7.2. 2016 / 489 - Wire Insp. - Comcast - Request to install and maintain 129' of PVC communication conduit at 10 Technology Drive. In City Council, Motion to adopt and accept accompanying wire inspector report by C. Rourke, seconded by C. Samaras. So voted. 7.3. 2016 / 510 - Wire Insp. - National Grid/Verizon New England - Request installation of pole and anchor located at 691 Stevens Street. In City Council, Motion to adopt and accept accompanying wire inspector report by C. Rourke, seconded by C. Samaras. So voted. PETITIONS 8. - PETITIONS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 15) 8.1. 2016 / 550 - Claims - (2) property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Leahy, seconded by C. Mercier. So voted. 8.2. 2016 / 551 - Misc. - Lucille Provencher request towing re-imbursement. In Council, read and Motion to refer to Law Department for report and recommendation by C. Samaras, seconded by C. Mercier. So voted. C. Mercier questioned the claim and how it was handled by police department. C. Leahy noted that customer service is important element of City service. 8.3. 2016 / 557 - Misc. - Denise Wedge request installation of handicap parking sign at 44 Arnold Avenue. In Council, read and Motion to refer to Traffic Engineer for report and recommendation by C. Leahy, seconded by C. Elliott. So voted. 8.4. 2016 / 558 - National Grid - Request installation of 5' of 4-4" conduit on William Street to service new Middlesex Community College auditorium. In City Council, waived full reading, Motion to refer to Public Hearing on September 27, 2016 at 7 PM by C. Mercier, seconded by C. Rourke. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2016 / 552 - C. Elliott - Req. City Mgr. look into “There’s A Better Way Program” to help address panhandling/homelessness issues in the City. In Council, seconded by C. Leahy, read and referred to Downtown Redevelopment SC. So voted. C. Elliott commented on the program in New Mexico and the approach that was used to deal with the issue. Motion by C. Mercier, seconded by C. Elliott to bundle remaining motions and approve same. So voted. 9.2. 2016 / 553 - C. Elliott - Req. City Mgr. address noise complaints at Sampas Pavilion in Pawtucketville. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 13 of 15) In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Elliott commented on the frustrations of the neighborhood regarding the noise. 9.3. 2016 / 569 - C. Elliott - Req. City Mg. look into ordinance to regulate Airbnb room rentals in the City. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Elliott commented on the leasing of rooms in the City and the need to be ahead of the issue. 9.4. 2016 / 570 - C. Elliott - Req. City Mgr. report on effectiveness of police officers patrolling bicycles. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. 9.5. 2016 / 554 - C. Mercier - Req. City Mgr. find ways and means to honor our Gold Star Families with a plaque on a memorial stone at Blue Star Park. In Council, seconded by C. Leary, read and referred to City Manager. Adopted per Roll Call vote, 9 yeas. So voted. C. Mercier noted the Board of Parks approval on matter. Registered speaker Bonnie Dinneen addressed the Council. 9.6. 2016 / 555 - C. Mercier - Req. City Mgr. have proper department work with resident abutters along the Concord River Walkway on Merrill St.to purchase remaining city land. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. 9.7. 2016 / 567 - C. Mercier/C. Rourke - Req. City Council revisit the process for permitting after school programs and focus on whose authority it is to issue permits, what is the appeal process for denial of permits and if needed establish an ad hoc committee to oversee the permitting. In Council, no second needed, read and referred to City Manager. So voted. C. Mercier questioned the protocol regarding permitting and how denials are appealed. C. Rourke noted the system is in need of adjustments. C. Samaras noted permits are given to groups with no educational element to them. Registered speaker, Keith Rudy, addressed the Council. C. Mercier noted the need to cater to surrounding neighborhoods. C. Samaras noted the principals are in charge of the schools and the process needs improvement. C. Leary noted a big fix to the system would be better communication between the parties. 9.8. 2016 / 572 - C. Rourke - Req. City Council name the intersection of Fox and East 6th City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 14 of 15) Street after the Cullen family of Lowell for their generations of service in the United States Military. In Council, seconded by C. Leary, read and referred to City Manager. So voted. C. Rourke noted the service to the country and the City from several members of the Cullen family. 9.9. 2016 / 573 - C. Rourke - Req. City Mgr. and City Solicitor develop a new ordinance to largely increase the penalties for illegal dumping in the city. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. 9.10. 2016 / 574 - C. Rourke - Req. Zoning SC look into information defining in-law apartments in the City. In Council, seconded by C. Elliott, read and referred to Zoning SC. So voted. 9.11. 2016 / 564 - C. Leary - Req. City Mgr. have the Police Department and the Engineering Department review the traffic patterns on the corner of Parker and Powell Streets as it relates to inappropriate crossing over the one-way Powell Street onto Parker Street. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. 9.12. 2016 / 565 - C. Leary - Req. City Mgr. provide City Council with an update on the Lowell High School building project; which update to include time-line for the project and actions needed by both the School Committee and City Council. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. 9.13. 2016 / 566 - C. Leary/C. Leahy - Req. City Mgr. investigate the feasibility of creating a walking/biking trail along the River Meadow Brook rail trail connecting Industrial Avenue and Plain Street. In Council, no second needed, read and referred to City Manager. So voted. 9.14. 2016 / 571 - C. Leahy - Req. City Council dedicate the square located at the intersection of Rumford and Crystal Streets in South Lowell in memory of Victor H. Cote. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. 9.15. 2016 / 561 - M. Kennedy/C. Mercier - Req. City Mgr. take the necessary steps to provide pedestrian lighting on the walkway that passes by the Swamp Locks Canal and connects Canal Street to Broadway and Dutton Streets. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 15 of 15) In Council, no second needed, read and referred to City Manager. So voted. 9.16. 2016 / 563 - M. Kennedy - Req. City Mgr. have the traffic department provide a report relative to installing a 4-way stop sign at the intersections of High and Rogers Streets, and any additional signage that will reduce traffic speed near the Moody School. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. 9.17. 2016 / 562 - M. Kennedy - Req. City Mgr. look into increased signage at the intersection of Parker and Powell Streets, in order to prevent traffic from taking an illegal left turn onto Powell Street. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. ANNOUNCEMENTS 10. - ANNOUNCEMENTS In City Council, C. Mercier commented on lighting of the Swamp Locks Canal; Gervais Car Dealership fundraiser for the Salvation Army; annual fire department coat drive; and the Veterans event at Lowell Memorial Auditorium. M. Kennedy commented on fundraising event of Huntington Disease. Manager Murphy noted public session scheduled for Tiger Grants. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Rourke, seconded by C. Samaras. So voted. Meeting adjourned at 9:25 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov