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: Dec 13, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA GENERAL PUBLIC HEARINGS 1. - GENERAL PUBLIC HEARINGS 1.1. 2016 / 775 - Vote-Adopt Minimum Residential Factor FY 2017 Roll Call showed 9 present. Mayor Kennedy presiding. C. Leahy requested moment of silence in darkened chamber for Elizabeth Nangle (mother of State Rep. David Nangle) 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 x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x COMMUNICATIONS FROM THE CITY MANAGER 2. - COMMUNICATIONS FROM THE CITY MANAGER City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) 2.1. 2016 / 774 - Motion Responses: (A) Speed Limits (B) Franklin Park Development Informational: (C) Westminster Village In Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Belanger. So voted. C. Leahy commented on Motion Response A regarding speed limits by Motion to refer to Transportation SC, seconded by C. Elliott. So voted. C. Samaras noted the need to discuss the speeds in the City especially on major streets. C. Elliott noted speed was an issue in the City that needs to be addressed. C. Belanger commented on Motion Response B regarding Franklin Park noting the Habitat for Humanity efforts on the project. C. Leahy noted information on the project is beneficial. C. Elliott commented on Informational Response C regarding Westminster Village noted that the management company will meet with the City to address the community concerns. C. Elliott request monthly safety reports regarding the property from the City and the private patrol company. Manager Murphy noted that the company will be strictly dealt with to ensure they comply with all rules and regulations. Supt. Taylor (LPD) noted his personnel will be used to patrol area as well. C. Belanger noted too many safety calls to the area. Manager Murphy noted the avenue to get reimbursed for costs. Motion by C. Milinazzo, seconded by C. Elliott to send report to HUD Agency regarding conditions on the premises. So voted. C. Mercier noted other State agencies could be involved. 2.2. 2016 / 778 - Communication-Appoint C R Krieger to Hunger Homeless Commission (ex officio member as Mayor's designee) In Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Leary. So voted. Mr. Krieger was present and thanked Council. C. Leary noted the commitment of Mr. Krieger. VOTES FROM THE CITY MANAGER 3. - VOTES FROM THE CITY MANAGER 3.1. 2016 / 777 - Vote-Auth CM Ex. Lease with Boys & Girls Club of Greater Lowell, Inc. (police substation-lower highlands) In Council, read twice, waived full reading and adopted. C. Elliott questioned the cost effectiveness of the substations. Supt. Taylor noted important for outreach to community. C. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) Belanger noted the location is important to community. C. Rourke noted the multi-use of building for the community. C. Leahy noted that volunteers could be used to upkeep building. C. Milinazzo noted the need for community policing to build up trust in the area. 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 3.2. 2016 / 779 - Vote-Supplemental Appropriation ($65,000) DPD In Council, read twice, waived full reading and adopted. C. Elliott had questions regarding the vote. Conor Baldwin (CFO) noted that it was in regards to energy aggregation program and the funds go directly to the General Fund. C. Elliott made note of the savings caused by the program. 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 3.3. 2016 / 780 - Vote-Auth CM Approve Easement w PMC Property Group Inc. (traffic signal easement) at Broadway and Dutton Streets In Council, read twice, waived full reading and adopted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) 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 ORDERS FROM THE CITY MANAGER 4. - ORDERS FROM THE CITY MANAGER 4.1. 2016 / 776 - Order-60 day trial (various) In Council, read twice, waived full reading and adopted. C. Mercier requested suspension of the rules to discuss parking issue. No objection. Motion to refer to Traffic Engineer request for 4 clergy parking at St. John’s Episcopal Church by C. Mercier, seconded by C. Leary. So voted. M. Kennedy requested suspension of the rules to refer sign petition. No objection. Motion to refer petition of Maria Vejar Mason for sign location Law Department by M. Kennedy, seconded by C. Rourke. 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 x Rourke, Daniel P. x x Samaras, William x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) 4.2. 2016 / 781 - Confirmatory Order of Taking-Jam Plan In Council, read twice, waived full reading and adopted. C. Belanger questioned the contents of the order. Manager Murphy noted it was needed to certify title of the property. 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 ORDINANCES FROM THE CITY MANAGER 5. - ORDINANCES FROM THE CITY MANAGER 5.1. 2016 / 782 - Ordinance-Amend c. 222 "Peace and Good Order" by creating new section 222.17 entitled "Public Nuisance Properties" In Council, Given 1st Reading. Motion by C. Leary, seconded by C. Elliott to refer matter to Public Hearing on January 3, 2017 at 7PM. So voted. REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) 6.1. 2016 / 791 - Finance SC December 12, 2016; Transportation SC December 13, 2016. In Council, C. Elliott provided report for the Finance SC regarding fee ordinance noting it would be referred to public hearing for further discussion. C. Elliott noted the fees would be cost effective and punitive enabling departments to be taken off tax levy. C. Mercier noted the punitive element of the fines would assist with the neglected property issue in the City. C. Mercier noted the need for all members to have access to subcommittee information. C. Rourke noted it should be included with packet. C. Rourke noted increased fines for illegal City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) dumping in the City. C. Rourke noted that Developmental Services will be giving presentation regarding neglected property in the City. M. Kennedy noted that the Law Department will have to draft new ordinance for fees. C. Elliott noted information will be provided regarding changes. Motion to refer to Law Department to prepare ordinance by C. Elliott, seconded by C. Leary. So voted. C. Leary noted important information comes out of subcommittee meetings. C. Elliott noted the TIF fees and how the operate. Manager Murphy went over the process. C. Leahy noted the need to cover some costs. Motion by C. Milinazzo, seconded by C. Samaras to accept the report as a report of progress. So voted. In Council, C. Rourke provided report for the Transportation SC regarding multi-modal use and Chelmsford Street traffic and pedestrian patterns. C. Leary commented on Chelmsford Street and the UMass-Lowell and Lowell Regional Transportation Authority transportation partnership. Motion to accept the report as a report of progress by C. Rourke, seconded by C. Milinazzo. So voted. CITY COUNCIL - MOTIONS 7. - CITY COUNCIL - MOTIONS 7.1. 2016 / 783 - C. Elliott - Req. City Mgr. provide update on Broadway Street bridge construction. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Elliott questioned remaining timetable on the bridge. Manager Murphy commented on delay and provided new target date. 7.2. 2016 / 784 - C. Elliott - City Mgr. discuss expanding residential property exemption for homeowners and provide a report on any impact to the budget. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Elliott requested report to evaluate the impact and provide assistance if possible. 7.3. 2016 / 785 - C. Elliott - City Mgr./Traffic Eng. look into reducing speed limits throughout the city. In Council, withdrawn by C. Elliott as it was addressed. 7.4. 2016 / 786 - C. Elliott - City Mgr. to develop ordinance to zone location for establishments who sell marijuana. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Elliott noted was not sure where new law would be heading and there is a need to develop proper strategy. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) C. Belanger noted it could be controlled by zoning. M. Kennedy commented on current zoning. Manager Murphy noted the control would come through zoning. C. Elliott noted that guidelines should be established. 7.5. 2016 / 787 - C. Milinazzo - City Mgr. report on the status of the implementation of the Municipal Modernization Act of 2016 In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Milinazzo commented that each component of the act should be reviewed to improve way business is done on the City and school side. 7.6. 2016 / 788 - C. Belanger - City Mgr. discuss the possibility for non-binding referendum question re: Lowell High School project in November 2017 City Council Election In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Belanger commented on lack of attendance for public information sessions for the project and that there is a need to hear from the tax payer. C. Samaras noted the need for a better presentation and more substantive plan for public input. C. Milinazzo noted the need for information to be provided and that debt exclusion may be possible. C. Leary noted the need to provide educational plan to move process along. M. Kennedy spoke to educational plan. C. Elliott noted that the citizens need information before they can provide feedback. Manager Murphy noted it is a difficult process and that the educational plan must be provided. M. Kennedy relinquished Chair to Vice Chair Rourke at 8:00 PM. M. Kennedy commented the need to wait for all studies to be completed and costs estimates are done. M. Kennedy commented on Somerville project and the debt exclusion approach. C. Belanger noted that information should be provided to tax payers first. C. Rourke questioned time line. 7.7. 2016 / 789 - C. Belanger - City Mgr. update City Council on the Lowell House Project on Merrimack St. In Council, seconded by C. Elliott, read and referred to City Manager. So voted. C. Belanger noted the motion was self-explanatory. CITY COUNCIL - EXECUTIVE SESSION 8. - CITY COUNCIL - EXECUTIVE SESSION City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) 8.1. 2016 / 790 - Executive Session regarding matters of pending litigation public discussion of which could have a detrimental effect on the City's position. In Council, reason stated for Executive Session; Roll Call taken (8:15 PM) and adopted; public informed that the body would adjourn from Executive Session. 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 x Rourke, Daniel P. x Samaras, William x ANNOUNCEMENTS 9. - ANNOUNCEMENTS In Council, C. Mercier commented on Salvation Army holiday efforts. M. Kennedy offered holiday salutations to all. ADJOURNMENT 10. - Time for meeting to stand adjourned. Meeting was adjourned into Executive Session and subsequently adjourned from that session. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov