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 27, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS 1.1. 2016 / 593 - Communication - (1) Maria Crooker (Alternative House) address Council regarding October being Domestic Violence Awareness Month; and (2) Lianna Kushi addresses Council regarding "Entrepreneurship for All". Roll Call showed 9 present. Mayor Kennedy presiding. In Council, Ms. Crooker commented on many events surrounding domestic violence week, including “Lowell Takes a Stand on Domestic Violence”. C. Leahy recognized the efforts of the Alternative House. C. Elliott commented on the many events during the week. Ms. Kushi commented on the “E for All Program”. Mr. Thomas O’Hearn commented on his experience with the program. In City Council, Motion “To accept and place communications on file” by C. Elliott, seconded by C. Leary. So voted. C. Elliott requested Items #5.1(C) and #5.1(F) be taken out of order by general consent with no objections. So voted. CITY CLERK 2. - CITY CLERK 2.1. 2016 / 587 - Minutes of City Council Meeting September 13th, for acceptance. In City Council, minutes read, 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 13) GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2016 / 580 - Ordinance-Increase salary of City Council, Mayor and School Committee members In City Council, Given 2nd Reading and adopted. Public hearing held. No Remonstrants. 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 3.2. 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 City Council, Given 2nd Reading and adopted. Public hearing held. No Remonstrants. C. Mercier commented that non serious challengers should not corrupt the system and this change would assist with that. C. Elliott noted it was frustrating to spend the money for primaries when they do not appear to be needed but other charter changes (ward voting) would have better effect on the issue. C. Elliott noted most communities only require the fifty signatures. C. Leary noted that people do not run for office because of the amount of time needed to do job. C. Milinazzo noted the subcommittee addressed these issues and questioned when nomination papers would be available. 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 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 13) 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 / 558 - National Grid - Request installation of 5' of 4-4" conduit on William Street to service new Middlesex Community College auditorium. In City Council, Given 2nd Reading and adopted. Public hearing held. No Remonstrants. Speaking in favor was David Boucher of National Grid. Motion to refer to Wire Inspector for report and recommendation by C. Rourke, seconded by C. Samaras. So voted. COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2016 / 612 - Motion Responses: (A) CopSync Security Communication Alert System (B) Firearm License (C) Lowell High School Building Project (D) 110-119 Chelmsford St. (E) Lowell Public Schools Outstanding Work Orders (F) Winn Development Presentation In Council, Motion “To accept and place on file” by C. Elliott, seconded by C. Leahy. So voted. C. Elliott commented on Motion Response A regarding CopSync Security noting the State law requirement. Manager Murphy noted the process and the requirement for the system if it is budgeted for in the school department. C. Elliott questioned the technology. C. Belanger questioned compliance with State law. Manager Murphy noted if not budgeted for then not mandated. C. Leary noted the safety of the schools. C. Leary commented on Motion Response B regarding firearm licenses noting the report outlining the past year and questioning training element in the system. Manager Murphy commented on Motion Response C regarding Lowell High School project noting the feasibility study and introducing Skanska (Owner Rep.) and Perkins Eastman (Architects). Mary Ann William (Skanska) outlined assessment of current site and other City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 13) potential sites. Robert Bell (Perkins Eastman) provided history of the company and initial assessment. Manager Murphy commented on the process moving forward and the community involvement in that process. C. Elliott noted that all members of the community should be contacted. Mary Ann William noted that there are several methods of outreach that will be used to connect to the community. C. Elliott questioned the effect of increased enrollment on the process. Mary Ann William noted any large spikes in enrollment should be monitored. M. Kennedy noted that the public input window would be going for about eight weeks. C. Belanger questioned locations of the buildings and noted the process was moving forward in a positive manner. C. Samaras noted that the development team is high level and that information moving forward should be put out to the neighborhood groups. C. Leary noted it was a long road ahead but there has been a good start. C. Leahy questioned rehab process. Mary Ann William noted that they assess what would have value to project. C. Mercier noted that she would not support any public taking of land to expand the location. C. Milinazzo commented on demographics in the City should be analyzed to ensure any site is large enough. Manager Murphy commented on size and time line. C. Elliott commented on the involvement of State agencies in the decision process. C. Leahy commented on Motion Response E regarding outstanding school work orders noting the report. Rodney Conley outlined the report. Motion to refer matter to Municipal Facilities SC by C. Leahy, seconded by C. Leary. So voted. Manager Murphy commented Motion Response F regarding Winn Development presentation noting the status report on the Hamilton Canal District (HCD) project. Larry Curtis and Michael O’Brien presented for Winn Development. Mr. Curtis provided history of the company and the approach to the development for both residential and commercial. Mr. O’Brien noted the process, the approach and the challenges with the project as well as time lines established. Mr. O’Brien noted that there is a Master Plan developed by the City and that there will be phases to the project. Mr. O’Brien outlined the phases and the time frames for each indicating the challenge of a funding gap which would need to be addressed collectively. Mr. O’Brien noted that ground up construction in gateway cities involve funding gaps and that Winn would be keeping partners informed of same. C. Belanger commented on research and development firms and the recruiting of companies to the HCD. C. Belanger noted that marketing study was not current and it should be revised. Mr. O’Brien noted the need for fresh information. C. Belanger commented on sales as opposed to rentals. C. Belanger noted the need for partnerships. C. Samaras noted need for strong communications between the parties. Mr. O’Brien noted the business friendly attitude of the City and was reason Winn brought part of its work force to Lowell. C. Samaras noted the need for creative approaches to projects. C. Leary questioned the time frame. Manager Murphy outlined time frame for the project. C. Leary questioned Lord Overpass reconstruction and new garage construction as well as updating City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 13) marketing study. C. Leary noted the challenge during all of the construction. C. Elliott noted it is a major move forward on the project with a plan in place. C. Leahy noted the residential portion of project and the need to increase average income of citizens of Lowell. C. Mercier noted area was barren and now all new development and was concerned with manner to cover any funding gaps with below market housing. Mr. Curtis commented on funding of these projects require mix use and below market housing. C. Milinazzo noted the reality check of twenty percent below market housing to fund project and the housing is work force housing. Steve Pangiatakos noted work force housing is people this body represents with incomes that are disposable. Manager Murphy noted working relationship is strong with Winn. C. Rourke requested that Item #9.3 be taken out of order. Approved by general consent with no objection. 5.2. 2016 / 603 - Communication-Accept Resignation of Angela Vincent from Lowell Sustainability Council In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Leary. So voted. 5.3. 2016 / 598 - Communication - City Mgr. request Out of State Travel (1) DPD. In Council, read and adopted. C. Samaras did not participate in discussion or vote on the matter. 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 x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2016 / 602 - Vote-Approving the exemption of James Cassella from the provisions of MGL Ch. 268A, s.20. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 13) In Council, read twice, waived full reading and adopted. Motion by C. Leahy, seconded by C. Elliott to bundle Items #6.2; #6.3; and #6.4 waive full reading and adopt. So voted. 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 x Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.2. 2016 / 604 - Vote-Apply/Accept/Expend $22,000 Office of Elder Services of Merrimack Valley 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. x x Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.3. 2016 / 609 - Vote-Auth City Manager Execute License Agreement with Mass Mills I, II, III and MM Picker, LLC for temporary access to 159, 169 and 169.2 Bridge Street In Council, read twice, waived full reading and adopted. C. Elliott question reason for vote. Manager Murphy noted the need for a structural analysis on site. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 13) 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 x Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.4. 2016 / 613 - Vote-Transfer $21,800 to fund building inspector phones and environmental study for Division of Development Services Dept of Planning and Development 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. x x Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.5. 2016 / 614 - Vote-Authorize City Manager Execute Strategic Partnership Master Agreement between City, UML and UMass Building Authority as they desire to clarify and affirm aspects of their partnership and collaboration. In Council, read twice, waived full reading and adopted. C. Milinazzo supported the process though questioned need for same. C. Belanger commented on contract and that no further approval would be required. Manager Murphy noted the UMass-Lowell requested the agreement. C. Belanger questioned process for Tiger Grants. Manager Murphy noted City City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 13) borrows money and UMass-Lowell repays their share for bridges. C. Belanger questioned status of M2D2 status at Canal Place. Manager Murphy noted there was a four year lease remaining. C. Samaras noted a sound partnership with the University and any information regarding expanding would be shared with the City. C. Milinazzo noted that M2D2 could possibly be moving to Haverhill. C. Elliott noted the agreement benefits both parties. C. Leary noted that City succeeds when University succeeds and that success is a good marketing tool. 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 x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x 6.6. 2016 / 615 - Vote-Auth Mgr to satisfy outstanding liability (MGL c. 44 s. 64) In Council, read twice, waived full reading and adopted. C. Leahy requested that Items #9.4; #9.5; and #9.6 be taken out of order. Allowed by general consent with no objections. 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 x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 13) ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER 7.1. 2016 / 605 - 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. Leary, James x x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2016 / 591 - Education Partnerships SC September 27, 2016. In City Council, C. Samaras reported on the subcommittee meeting noting the attendance and the discussion regarding the growth and position of Middlesex Community College in the community. Motion to accept the report as a report of progress by C. Leary, seconded by C. Milinazzo. So voted. PETITIONS 9. - PETITIONS 9.1. 2016 / 590 - Misc. - Hellenic American Academy (David Conway) request permission to install small banners on lamp posts along Broadway, Dummer and Worthen Streets to identify the Academy. In Council, read and Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Leary. So voted. C. Mercier requested quick response on the matter. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 13) Manager Murphy noted there was much information needed to move forward. Motion by C. Mercier, seconded by C. Leary to approve subject to Manager review and approval. So voted. 9.2. 2016 / 594 - Misc. - Adriana Tharpe (Drica Fashion) request permission for overhanging sign located at 96 Merrimack Street. In Council, read and Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Leary. So voted. 9.3. 2016 / 597 - Misc. - IARR, LLC (Atty. Philip Nyman) request City Council amend Zoning Code by extending current GI zoning district to include parcel of land located between 6 and 2 Industrial Avenue. In Council, read and Motion to refer to Law Department to draft ordinance by C. Rourke, seconded by C. Milinazzo. So voted. 9.4. 2016 / 596 - National Grid - Request installation of (1) SO pole located at corner of Gorham and Livingston Streets. In City Council, Given 1st reading, waived full reading, Motion to refer to Public Hearing on October 11, 2016 at 7 PM by C. Leahy, seconded by C. Leary. So voted. 9.5. 2016 / 610 - National Grid - Request permission to relay/replace cast iron gas main with plastic gas main in sidewalks on Sixth Street. In City Council, Given 1st reading, waived full reading, Motion to refer to Public Hearing on October 11, 2016 at 7 PM by C. Leahy, seconded by C. Leary. So voted. C. Leahy questioned location at sidewalk. National Grip representative noted that there was a water main they needed to avoid. 9.6. 2016 / 611 - National Grid - Request permission to relay/replace cast iron gas main with plastic gas main on Glenwood Street and install plastic gas main on East View Street. In City Council, Given 1st reading, waived full reading, Motion to refer to Public Hearing on October 11, 2016 at 7 PM by C. Elliott, seconded by C. Leary. So voted. C. Leahy did not participate on vote or discussion on this matter. CITY COUNCIL – MOTIONS City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 13) 10. - CITY COUNCIL - MOTIONS 10.1. 2016 / 592 - C. Mercier - Req. City Mgr. provide a report regarding the structural integrity of the balcony at the Lowell Memorial Auditorium as well as a report regarding the access available into the building from the loading docks for equipment used by the performers. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier requested update on the matter. Manager Murphy noted a structural analysis was done and the balcony was acceptable and that money would be going to widening entrances to allow larger array of acts to the venue. 10.2. 2016 / 599 - C. Samaras - Req. City Mgr. have proper department repair sidewalks by St. George’s Church at corner of Bower and Fletcher Streets in anticipation of the 100 year anniversary of the church. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Samaras noted several events will be planned and needed area to be updated. 10.3. 2016 / 600 - C. Leary/C. Samaras - Req. City Mgr. work with the police department to monitor and to change the pattern of speeding and aggressive driving on Princeton Boulevard. In Council, no second needed, read and referred to City Manager. So voted. C. Leary noted area has become a racetrack and is in need of enforcement. C. Samaras noted there should be some analysis done on speeding in the City on main roads. 10.4. 2016 / 601 - C. Belanger - Req. City Mgr. issue a report relative to the City’s ability to naming rights of City owned parcels; for example LeLacheur Park, Cawley Stadium, etc. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Belanger noted idea has been discussed in the past but it should be further examined to allow naming rights while maintaining important community connections as it is a source of income for the City. 10.5. 2016 / 607 - C. Belanger - Req. City Mgr. work with DPD on a new marketing strategy for City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 13) the Hamilton Canal District now that the Judicial Center construction has begun. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Belanger noted new Judicial Center should be marketed and new rules should be used as landscape is changing. 10.6. 2016 / 608 - C. Belanger - Req. City Mgr. work with Traffic Engineer on reducing or eliminating on street parking at night on lower Bridge Street to improve inbound morning traffic flow. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Belanger noted the need to ease the traffic flow in the area in the morning. 10.7. 2016 / 588 - M. Kennedy/C. Leahy/C. Leary/C. Samaras - Req. City Mgr. take proper steps to install a traffic crossing light along Andover Street in the vicinity of Douglas and Arbor Roads. In Council, no second needed, read and referred to City Manager. So voted. C. Samaras noted it was a busy street with many cars travelling on it. C. Leahy commented on the other end of Andover Street regarding work that may be done by State. M. Kennedy noted that the area warrants a look at a possible light. C. Milinazzo noted that there are a variety of lights to choose from. 10.8. 2016 / 589 - M. Kennedy - Req. City Auditor provide City Council with an analysis of the financial impact the Charter Schools have on the City. In Council, seconded by C. Milinazzo, read and referred to City Auditor. So voted. M. Kennedy noted that issues may arise if new schools are brought on line. ANNOUNCEMENTS 11. - ANNOUNCEMENTS In City Council, C. Mercier commented on recent Kinetic Sculpture Race. ADJOURNMENT 12. - Time for meeting to stand adjourned. Motion to Adjourn by C. Milinazzo, seconded by C. Samaras. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 13 of 13) Meeting adjourned at 9:25 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov