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 22, 2017 Time: 6:30 PM Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA 1. ROLL CALL Roll Call showed 9 present. M. Kennedy presiding. C. Rourke requested moment of silence in darkened chamber for Michael Boto and Isabell Rocha. C. Milinazzo requested moment of silence in darkened chamber for Marguerite Farley. C. Leary requested moment of silence in darkened chamber for Therese Canelas. C. Leahy requested moment of silence in darkened chamber for Ann Marie Colby. 2. CITY CLERK 2.1. Minutes of Technology & Utilities SC August 8th; City Council Meeting August 8th, for acceptance. In City Council, read, Motion “To accept and place on file” by C. Leary, seconded by C. Leahy. So voted. M, Kennedy requested suspension of the rules with no objections to allow Tom Fitzmorris from Merrimack Valley Visitors Bureau to address Council. Mr. Fitzmorris commented on organization and upcoming events. C. Belanger noted the efforts of Mr. Fitzmorris and the organization. 3. AUDITOR BUSINESS 3.1. Communication - FY17 Budget Report YTD (June). In City Council, read, Motion “To accept and place on file” by C. Elliott, seconded by C. Rourke. So voted. C. Elliott commented on the strong fiscal position of the City while still providing necessary services as well as the fiscal management of the Lowell Fire Department. C. Elliott noted concern with line items in the school budget as well as the deficit spending that is happening. Bryan Perry (Auditor) commented on school budget City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) Motion by C. Elliott, seconded by C. Leahy to forward report to Finance SC. So voted. C. Milinazzo noted surplus at end of year and his concern for not paying down debt. Conor Baldwin (CFO) noted the structuring and the development of free cash to fund debt service stabilization. 4. COMMUNICATIONS FROM CITY MANAGER 4.1. Motion Responses In City Council, read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Mercier. So voted. A) Street Paving Plan – C. Leahy commented on work at Humphrey Street. Nicolas Bosonetto (City Engineer) commented on the status of the project indicating it would be total rehab. C. Belanger noted the completed project on Lawrence Street. B) Translation Bureau for City Hall – None. C) Feasibility of Hiring Consultant maintain City/School HVAC and Boilers – C. Leary noted the plan to prevent future issues and to take on big projects to enable equipment to have longer shelf life. Manager Murphy noted study being completed by the Collins Center to increase efficiency in all aspects. C. Leahy noted department reorganization and maintenance plan could be possible solutions. D) Board of Parks Fees – C. Rourke noted how fee waivers will benefit the youth organizations in the City. Motion by C. Belanger, seconded by C. Rourke to approve fees. Adopted per Roll Call vote 9 yeas. So voted. C. Belanger noted efforts of Board of Parks as well as Tom Bellegarde. E) Clean River Project – C. Elliott noted it was a good approach to clean river. C. Mercier commented on other community involvement in the agreement. M. Kennedy commented on other communities involved with the project. Manager Murphy commented on the procedure to enter into the agreement. F) Needle Pick-up Program – C. Belanger noted that there must be constant effort in administering this program and that cost savings are realized with in-house labor. Manager Murphy noted that bigger clean ups would require outside assistance and that he would be meeting with union to sort through matters. C. Leary commented on in- house costs and using preventative measures as well. C. Rourke questioned time frame on the matter. C. Samaras noted the areas in need of clean ups. G) Lowell High School Repairs – Registered speaker, George Somolaris, addressed City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) the Council. C. Milinazzo commented on work done as well as inspections of elevators in the building. Mr. Bellegarde commented on elevator inspections and the delay with paperwork. C. Leahy commented on state inspections and roof replacements. Manager Murphy commented on roof replacement and costs of same. C. Leary noted any inspection certificates should be visible to the public. C. Belanger noted the repairs that have been done and commented on HVAC monitor. Mr. Bellegarde commented on the loss of the position and its effect on operations. C. Belanger noted that maintenance efforts should not be short funded. C. Rourke commented on completion of soil disposal as the high school. C. Mercier noted the number of large issues at the high school. C. Leahy noted future plans to address issues. Mr. Bellegarde commented on tracking software for maintenance. M. Kennedy noted that the City is responsible for maintenance of school buildings and that there is planning being done to have a proper maintenance of effort plan for the buildings. C. Leary noted need to have most effective plan and that resources may have to be used to obtain same. C. Samaras noted the needs of other city owned buildings and the need to maintain them all. C. Milinazzo noted the need to have a funded maintenance plan in place. Manager Murphy commented on prevention plan as opposed to just reacting to issues as they arise. H) Recycling in City Parks Update – C. Rourke questioned time frame of program. Mr. Bellegarde commented on program roll-out. 4.2. Informational I) Parking Fee and Rate Proposal – Registered speaker, Gloria Lee, addressed the Council. Motion by C. Elliott, seconded by C. Leary to refer proposal, notice of senior discount and possible refund of overpayments to Finance SC. So voted. C. Mercier questioned deadline for possible discounts. Nicholas Navin (Parking Director) noted that there is no deadline and that there is different billing cycles involved. C. Leahy requested charts be prepared for subcommittee meeting. J) Year End Financial Review – C. Elliott noted the strength of the report and future financial stability in the City. C. Samaras noted that the report indicates some success in fiscal area. Mr. Baldwin outlined reports indicating strengths and weaknesses. C. Leahy noted tax revenue outlook. C. Milinazzo questioned end of fiscal year calculations. C. Leary commented on payments being made in lieu of taxes. 4.3. Communication - City Manager request Out of State Travel (1) LPD; (1) MIS. In City Council, read, Motion to adopt by C. Samaras, seconded by C. Leary. 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 8) 5. VOTES FROM THE CITY MANAGER 5.1. Vote-Auth Mgr Execute License Agreement 16 Franklin St. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Samaras, seconded by C. Rourke. Adopted per Roll Call vote 9 yeas. So voted. Registered speaker, Brenda Gould (Habitat for Humanity), addressed the Council. C. Mercier questioned Board of Parks involvement. Manager Murphy noted Parks Department has been involved. 6. ORDERS FROM THE CITY MANAGER 6.1. Order - 60 Day Trial. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Leahy, seconded by C. Leary. Adopted per Roll Call vote 9 yeas. So voted. 6.2. Order - Order of Taking Parcel B-3 St Anne's Church. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Elliott, seconded by C. Leary. Adopted per Roll Call vote 9 yeas. So voted. 7. ORDINANCES FROM THE CITY MANAGER 7.1. Ordinance - Accept Amendment to Code of Ordinances Boating and Watercraft. In City Council, Given 1st Reading, Motion to refer to Public Hearing on September 12, 2017 at 7 PM by C. Rourke, seconded by C. Elliott. So voted. C. Rourke requested with no objection to take Items # 11.5; 11.6; and 11.10 out of order together with this item. So voted. 7.2. Ordinance - Accept Amendment to Code of Ordinances Pub Crawls. In City Council, Given 1st Reading, Motion to refer to Public Hearing on September 12, 2017 at 7 PM by C. Milinazzo, seconded by C. Samaras. So voted. 8. RESOLUTIONS 8.1. Resolution-Renewable Resolution. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Samaras, seconded by C. Milinazzo. Adopted per Roll Call vote 9 yeas. So voted. Registered speaker, Jay Mason, addressed the Council. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) 9. REPORTS (SUB/COMMITTEE, IF ANY) 9.1. Ad Hoc Charter Review - Voting District Representation SC August 22, 2017. In City Council, C. Leary provided report noting attendance and discussion regarding charter review and change as well as outlining various ways to change charter and indicated how other communities are operating. Motion to accept the report as a report of progress by C. Leary, seconded by C. Mercier. So voted. 10. PETITIONS 10.1. Claim - (1) property. In Council, Motion to refer to Law Department for report and recommendation by C. Samaras, seconded by C. Rourke. So voted. 10.2. Misc. - Anthony Galan (Pastor Lowell Spanish Seventh-day Adventist Church) request installation of church parking sign at 524 Chelmsford Street. In Council, Motion to refer to Traffic Engineer for report and recommendation by C. Rourke, seconded by C. Milinazzo. So voted. 11. CITY COUNCIL - MOTIONS 11.1. C. Leahy - Req. City Mgr. provide a report to Council regarding National Grid tree trimming throughout the City. In City Council, second by C. Leary, referred to City Manager. So voted. C. Leahy noted the need to know schedule and procedure for tree trimming. 11.2. C. Leary/C. Leahy - Req. City Mgr. provide a report with recommendations to resolve the ongoing complaints regarding incidents occurring at the corner of Central and Middle Streets (in front of the TD Bank North building). In City Council, no second needed, referred to City Manager. So voted. C. Leary recognized the number of complaints at the buildings surrounding area and that there needs to be a more aggressive approach with controlling area. C. Leahy noted that disruptions are increasing. C. Mercier noted complaints from downtown residents and that the police foot patrol should be more in tune with the situation. M. Kennedy noted that downtown police details should be preventing this from happening. C. Leahy questioned if BID program could assist with these situations. 11.3. C. Leary - Req. City Mgr. provide an update to the City Council regarding the Lord Overpass plan and the time frame for final public input. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) In City Council, second by C. Leahy, referred to City Manager. So voted. C. Leary commented on changes in the area and the project is moving along. 11.4. C. Leary - Req. City Mgr. provide an update regarding illegal low riding cars throughout the City and police challenges regarding enforcement if applicable. In City Council, second by C. Leahy, referred to City Manager. So voted. C. Leary commented on number of calls and that registration of these cars seems to be the problem. 11.5. C. Milinazzo - Req. City Mgr. work with proper authorities to enforce waterway regulations on the Merrimack River. In City Council, second by C. Elliott, referred to City Manager. So voted. C. Milinazzo noted tragedy on the river and wanted to ensure that Lowell Boating Club be informed of public hearing on the matter. 11.6. C. Milinazzo - Req. City Mgr. work with Law Department and the state delegation to draft legislation to require water craft to be insured with some form of compulsory insurance similar to automobiles. In City Council, second by C. Elliott, referred to City Manager. So voted. C. Milinazzo commented that these water crafts should have mandatory insurance as if they were automobiles. 11.7. C. Milinazzo - Req. City Mgr. updated the City Council and the LHS Building Committee regarding the implications of the letter from Bond Counsel to the MSBA dated July 25, 2017 and when the City administration received the letter. In City Council, second by C. Samaras, referred to City Manager. So voted. C. Milinazzo commented on letter and requested how it was generated and for what reason. C. Milinazzo requested information regarding how and when letter was circulated from the administration. 11.8. C. Mercier - Req. City Mgr. have proper department install light on pole #20 on Fletcher Street, North Common side, or on pole #235 across the street by residential side at Willie Street. In City Council, second by C. Rourke, referred to City Manager. So voted. C. Mercier noted need for lights for safety purposes. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) 11.9. C. Mercier - Req. City Mgr. increase the property tax revenue relief to non- profit veteran organizations from $400,000 to $700,000. In City Council, second by C. Elliott, referred to City Manager. So voted. C. Mercier commented that City would not be burdened with increase and that it applies only to non-profit Veterans organizations. 11.10. C. Rourke/C. Mercier - Req. City Mgr. work with state delegation to develop safety measures for area along Merrimack River that allows for water activities. In City Council, no second needed, referred to City Manager. So voted. Registered speaker, Paul Belley, addressed the Council. C. Rourke noted that there would be a public hearing on the proposed ordinance. C. Mercier recognized death on river and that the users of the river must be protected and requested outline of enforcement procedures along the waterway. C. Elliott noted that this is a valuable resource used by many and that ordinance is needed to either ban such activity or regulate for added safety. C. Belanger noted safety monitoring is lacking and that public is not protected from people abusing use. Manager Murphy noted that the City at one point had a harbor master and that Environmental State Police are enforcing unit for waterways. C. Mercier noted that if water crafts are not equipped with lights they should not be allowed on river at night. C. Leahy noted all towns along river should coordinate enforcement. C. Rourke questioned access points on river. M. Kennedy noted Umass-Lowell and Lowell Boating Club are biggest users of the river so their input would be important. 11.11. C. Samaras - Req. City Mgr. have LFD Chief review preliminary designs of the proposed new high school to ensure that it provides adequate public safety for the occupants of the building. In City Council, second by C. Milinazzo, referred to City Manager. So voted. C. Samaras commented on information regarding height of Cawley building and wanted to ensure that all safety standards are being met. C. Milinazzo noted that high rise building may not be allowed in zoning district at Cawley. M. Kennedy commented on potential zoning issues in area. 11.12. C. Belanger - Req. City Mgr. update City Council regarding Route 38 improvements (widening) along Kittredge Park. In City Council, second by C. Mercier, referred to City Manager. So voted. C. Belanger requested update on progress of project. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) 11.13. C. Belanger - Req. City Mgr. update City Council regarding RFP for Hamilton Canal Innovative District Master Developer and what the City is doing to market that district. In City Council, second by C. Leahy, referred to City Manager. So voted. C. Belanger commented on recent open house and search for Master Developer. Manager Murphy noted need to have a master developer on projects of this size. 12. ANNOUNCEMENTS In City Council, C. Mercier noted Veterans Assisting Veterans event of battle of the bands as well as family day at Shedd Park sponsored by Center for Open Healing. 13. ADJOURNMENT In City Council, Motion to Adjourn by C. Rourke, seconded by C. Samaras. So voted. Meeting adjourned at 9:00 PM. _____________________________ Michael Geary, City Clerk Office of the City Clerk - 375 Merrimack Street - Phone: 978.674.4161 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov