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: August 8, 2017 Time: 6:30 PM Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA 1. ROLL CALL Roll Call showed 8 present, 1 absent (C. Rourke). M. Kennedy presiding. 2. CITY CLERK 2.1. Minutes of Public Safety SC July 25th; City Council Meeting July 25th, for acceptance. In City Council, read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Samaras. So voted. 3. MAYOR'S BUSINESS 3.1. Communication - Letter from the Lowell Sustainability Council asking Mayor to join with 300 other Mayors, including the Mayors of Somerville and Boston, in committing to the Paris Climate Agreement. In City Council, read, Motion “To accept and place on file” by C. Samaras, seconded by M. Kennedy. Adopted per Roll Call vote 8 yeas, 1 absent (C. Rourke). So voted. Registered speaker, Jay Mason, addressed the Council. M. Kennedy requested that Item #10.4 be taken out of order and simultaneously. So voted with no objections. C. Leary requested that Item #8.1 be taken out of order. So voted with no objections. 4. GENERAL PUBLIC HEARINGS 4.1. Ordinance-Create two Clinical Recovery Specialists Part time Grant and Salaries in HHS Dept. In City Council, Given 2nd Reading. Hearing held. Speaking in favor was Kerran Vigroux (HHS Director). No remonstrants. Motion to adopt by C. Mercier, seconded by C. Elliott. Adopted per Roll Call vote, 8 yeas, 1 absent (C. Rourke). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 7) 5. UTILITY PUBLIC HEARING 5.1. National Grid - Request installation of new pole located at 71 Rogers Street. In City Council, Given 2nd Reading. Hearing held. Speaking in favor were David Boucher (National Grid) and Nicolas Bosonetto (Acting City Engineer). No remonstrants. Motion to refer to Wire Inspector for report and recommendation by C. Mercier, seconded by C. Leahy. So voted. 5.2. National Grid - Request relocation of gas pressure regulator to sidewalk on Father Morissette Boulevard. In City Council, Given 2nd Reading. Hearing held. Speaking in favor were Mike Floyd (National Grid) and Nicolas Bosonetto (Acting City Engineer). No remonstrants. Motion to refer to Wire Inspector for report and recommendation by C. Milinazzo, seconded by C. Mercier. So voted. 6. COMMUNICATIONS FROM CITY MANAGER 6.1. Motion Responses In City Council, read, Motion “To accept and place on file” by C. Mercier, seconded by C. Samaras. So voted. (A) Repaint Crosswalks on Bridge and Third Streets. - C. Samaras noted the completion date. Mr. Bosonetto commented on the time frame for completion. C. Mercier requested update on crosswalk for Lewis Street. (B) UML Preparations for Residence Hall at Perkins Loft. – C. Milinazzo noted that DJ Cochoran from UMass-Lowell had prepared report and was present. C. Milinazzo questioned who would be residing in the residences. Mr. Cochoran noted that there would be a mix of students living in the units. (C) Status of the TIGER Grant. – C. Leahy questioned time frame for RFP on projects. Manager Murphy noted that MassDot would be advertising the project and that the City has applied for Mass Works Grants. M. Kennedy recognized contribution from UMass- Lowell. C. Belanger questioned how money was being put into project. Manager Murphy commented on the commitments of the parties. C. Elliott noted the availability of State money for work. C. Samaras commented on the Umass-Lowell/City partnership. (D) Student Zone. – C. Samaras noted Lowell could be many things and this zone City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 7) would be students a better sense of the City. Allison Lamey (DPD) commented on the development of the student zone. (E) Vacant Building on Alma Street. – C. Mercier noted it was a foreclosure property and still an eyesore. C. Milinazzo questioned the use of the Receivership Program in the City. Manager Murphy noted the progress of the Receivership Program in the City and that fines in place should move property quicker. C. Leahy noted continued problem with foreclosed properties. (F) Placing Recycling Barrels in City Parks. – C. Leary noted it was a good pilot program and that grants should be used to continue it. C. Leary commented on use of new ordinances to obtain grant money. C. Leahy noted that carry in/carry out policies in parks would be effective. (G) Appropriate Speed Limit East Merrimack Street. – None. (H) Plans for Crosswalks on Andover Street. – C. Samaras commented on plans. Mr. Bosonetto outlined plan and commented on safety audits being done. C. Leary commented on crosswalk at Andover Street and Douglas Road. Mr. Bosonetto commented on progress of that crosswalk. (I) Inspection of Crosswalks Around Lowell Schools. – None. (J) Restripe Industrial Ave and Nesmith Street. - C. Leahy questioned future striping plans. Mr. Bosonetto commented on three year contract as well as City services to cover areas in need. C. Leary commented on Chelmsford Street plan. Mr. Bosonetto outlined plan. 6.2. Communication - City Mgr. request Out of State Travel (2) LPD; (1) DPD. In City Council, read, Motion to adopt by C. Mercier, seconded by C. Samaras. Adopted per Roll Call vote, 8 yeas, 1 absent (C. Rourke). So voted. 7. VOTES FROM THE CITY MANAGER 7.1. Vote-Accept Gift from Align Credit Union 1,000.00 for use by Police Dept. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Leary, seconded by C. Milinazzo. Adopted per Roll Call vote, 8 yeas, 1 absent (C. Rourke). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 7) 7.2. Vote-Auth City Mgr. Ex. License Agreement LD Holdings LLC dba Bar 74 overhanging sign 74 Merrimack St In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Leary, seconded by C. Mercier(for discussion). Defeated per Roll Call vote 2 yeas, 6 nays (C. Elliott, M. Kennedy, C. Leahy, C. Mercier, C. Milinazzo, C. Samaras), 1 absent (C. Rourke). So voted. C. Leahy commented on record of establishment. Manager Murphy commented on sign regulations. C. Milinazzo noted he would support the vote as the business is not manager effectively. 7.3. Vote-Auth. Mgr. Ex. License Agreement Community Teamwork, Inc. 165 Merrimack St. (overhanging sign) In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Milinazzo, seconded by C. Leahy. Adopted per Roll Call vote, 8 yeas, 1 absent (C. Rourke). So voted. C. Mercier, C. Elliott and C. Leary disclosed that they were members of the Board at Community Teamwork, Inc. 8. REPORTS (SUB/COMMITTEE, IF ANY) 8.1. Technology & Utilities SC August 8, 2017. In City Council, C. Leary provided report noting attendance and discussion of double poles in the City commenting on new agreement between Verizon and National Grid regarding process to repair and or replace these poles. C. Elliott noted representatives of National Grid, Verizon and Comcast were present at the subcommittee meeting and at this regular meeting. Stephanie Lee (Verizon) commented on new agreement between the parties to make removal more efficient as well as a new tracking data base. C. Belanger commented on prioritizing the removal of the poles. C. Leahy commented on the subcommittee meeting which calls for removal of hanging wires in addition to placing high priority on pole removal. Motion to accept the report as a report of progress by C. Leary, seconded by C. Leahy. So voted. 9. PETITIONS 9.1. Claims - (4) property damage. In Council, Motion to refer to Law Department for report and recommendation by C. Leary, seconded by C. Milinazzo. So voted. 10. CITY COUNCIL - MOTIONS 10.1. C. Elliott - Req. City Mgr. report on the status of the zoning amendments relative to marijuana cultivation and distribution. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 7) In City Council, second by C. Milinazzo, referred to City Manager. So voted. C. Elliott commented on the State regulations being formulated and that zoning would be limited to certain areas in the City. 10.2. C. Elliott - Req. City Mgr. report on the process of bidding of school bus contract and provide report on initiating busing of Lowell High students this year / next year. In City Council, second by C. Mercier, referred to City Manager. So voted. C. Elliott noted it was late to report out for this year of busing but that the bid should have language in it to make it as competitive as possible. Manager Murphy commented on the bid and the return of second public bid. C. Leary commented on excise tax collection if garaged in the City as being a possible hindrance to increased bidders. M. Kennedy commented on the busing bids made available. C. Samaras noted the City would have to pay for Lowell High School students to be bussed. C. Leahy noted that busing is surrounded by a whole host of issues. C. Mercier noted the fulfillment of consent decree would ease busing costs as well as LRTA bus passes. C. Milinazzo noted neighborhood schools were improved so that may save busing costs in addition questioned who would be involved with busing negotiations. Manager Murphy noted the City implements the contract. C. Leahy noted the importance to improvements of neighborhood schools of past several years. C. Leary noted neighborhood schools are in compliance with the consent decree. C. Elliott noted the City must streamline the process and that there have been no violations of the consent decree. 10.3. C. Samaras - Req. City Mgr. provide information from Comcast as to charges for services in Lowell versus comparable charges for services in surrounding communities. In City Council, second by C. Milinazzo, referred to City Manager. So voted. C. Samaras commented on the need to do a study regarding costs. 10.4. C. Samaras - Req. City Council adopt a resolution entitled “The Road to One-Hundred Percent (100%) Clean Renewable Energy for the Year 2035”. In City Council, second by M. Kennedy, referred to City Manager/Law Department. Adopted per Roll Call vote, 8 yeas, 1 absent (C. Rourke). So voted. So voted. Registered speaker, Marisa Shea, addressed the Council. C. Samaras noted many companies coming into Lowell support the green initiative. C. Milinazzo supported the resolution and noted the use of solar panels in the City of Revere. C. Belanger supported the resolution but noted it should be reviewed by Law Department. Manager City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 7) Murphy commented that the draft should be sent to Law Department. M. Kennedy noted the resolution should be sent to Law Department and that it was his intention to sign letter regarding Paris Agreement. 10.5. C. Milinazzo - Req. City Mgr. provide an update report regarding fines collected year to date for trash violations. In City Council, second by C. Samaras, referred to City Manager. So voted. C. Milinazzo commented on violation procedure, fines collected and three strike rule. Manager Murphy noted that it was only one strike with new ordinance. M. Kennedy relinquished Chair to senior member C. Mercier at 8:16 PM. 10.6. M. Kennedy - Req. City Mgr., in conjunction with the City Auditor, engage an independent third party auditor, with appropriate credentials, to provide the City Council with reliable costs estimates for the construction of the new high school and all ancillary costs associated with the high school project. In City Council, second by C. Milinazzo, referred to City Manager. Adopted per Roll Call vote, 5 yeas, 3 nays (C. Belanger, C. Elliott, C. Mercier), 1 absent (C. Rourke). So voted. M. Kennedy noted his concerns with consultants’ quotes and that the City needs solid numbers on this project. C. Samaras noted a lot of changes in pricing and that the numbers need to be accurate. C. Leahy noted motion may be too early and that his confidence is not high with consultants. C. Belanger commented on costs in project and associated with this motion. C. Milinazzo noted that having an independent set of eyes on the numbers would not be detrimental. C. Elliott noted he did not support the motion and that they have adhered to a State process and that decision has been made and time to move forward. C. Leary commented on pool issue at high school and that the project still has moving parts that need to be resolved. C. Milinazzo noted that the Manager has lost some confidence in the consultants. C. Leahy commented on costs and the need to have schematic design done to solidify costs. C. Samaras noted poor consultant presentation and that some money should be spent to get clearer picture of costs. M. Kennedy noted that MSBA will not fund a pool and that no person has the answer when it comes to costs. C. Milinazzo noted that the Law Department should be reviewing consultants’ contract to ensure compliance. C. Leary noted that the schematic design must come forward to clarify costs. C. Mercier returned Chair to M. Kennedy at 8:45 PM. C. Mercier noted motion was not particularly clear and that both sites should be reviewed and that consultants were retained for project because of their experience in this area. C. Mercier noted the City Auditor has not been involved in the project. C. Elliott commented that he did not see the purpose of an audit at this juncture. C. Belanger noted it was a premature motion and that the MSBA has not even City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 7) approved the selection and there has been no schematic design done. M. Kennedy outlined reason for motion noting his lack of confidence in the consultants. C. Leary questioned process if motion was allowed noting the need to develop an RFP and that the matter should be moved along. 11. ANNOUNCEMENTS In City Council, M. Kennedy noted Youth Overdose Awareness Week. Motion by C. Elliott seconded by C. Belanger to allow organization to use City as part of advertising their efforts. So voted. C. Leary noted Angkor Dance Group performance. C. Mercier noted the national recognition of LeLachuer Park as a sporting venue. 12. ADJOURNMENT In City Council, Motion to Adjourn by C. Leahy, seconded by C. Leary. So voted. Meeting adjourned at 9:01 PM. _____________________________ Michael Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov