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: October 10, 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. Leahy requested moment of silence in darkened chamber for Richard McClure. C. Mercier requested moment of silence in darkened chamber for Providencia De Leon. C Elliott and C. Leahy commented on the life of Ms. De Leon. 2. MAYOR'S BUSINESS 2.1. Recognition - Lowell Kinetic Sculpture Race; Lowell Day of Service; Lowell Celebrates Kerouac; and Gujarati Association of New England. In City Council, read, M. Kennedy recognized the above organizations for their recent events with citations and introduced representatives from the organizations. Representative of each organization, with the exception of Lowell Celebrated Kerouac, addressed the Council and thanked the City for their assistance with each event. M. Kennedy requested that Item #5.1 be taken out of order. So voted without objection. 3. CITY CLERK 3.1. Minutes of Finance SC October 3rd; City Council Meeting October 3rd, for acceptance. In City Council, read, Motion “To accept and place on file” by C. Rourke, seconded by C. Samaras. So voted. 4. COMMUNICATIONS FROM CITY MANAGER 4.1. Motion Responses. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 7) In City Council, read, Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. A) Trash Violations – C. Milinazzo commented on the report and noted change of process which would increase the number of citations that would be issued. B) Belise Memorial Square – C. Leary commented on the history of the square and the need to relocate it. C. Leary noted that C. Milinazzo was involved in this effort as well. C) Development of J.J. Boomers Site – C. Belanger noted the response would provide information to the neighbors. Eric Slagle (Inspectional Services) spoke to submission of very preliminary plans and also environmental submission with the State. C. Elliott commented on the environmental submission and requested information on that process. C. Leary questioned status of older location on Wood Street as well as status on Rourke Bridge. Manager Murphy commented on discussions with Demoulas. D) Bus Storage at 63 Avon St – C. Mercier questioned if the outhouse had been removed from property. Mr. Slagle noted that it had not but that it was part of order issued by the City. E) Shadow Conduit – C. Leary noted the economic opportunity of the program and how it would safe costs for consumers. Miran Fernandez (MIS) outlined the program and the use of the conduits. C. Leary noted it would be a long process but it would be very effective use of the resource. F) Comcast Comparable Charges – C. Samaras noted the information would be useful to constituents and further commented that there could be some savings in terms of discounts from the vendors. Mr. Fernandez commented on contract rights and the negotiation process. G) MassDOT Proposed Traffic Improvements – C. Milinazzo noted that it was too early for MassDOT to be engaged. C. Rourke noted information provided was responsive to motions filed by the body. H) Cawley Right of Way Costs – C. Milinazzo commented on the report noting the information was correct and involved a lot of research on costs affecting the taxpayers. C. Milinazzo noted informational flyer regarding Cawley site was grossly misleading and false and noted Manager should point out such information. C. Samaras noted that bussing costs should be readily available and that the school administration should be supplying concrete information. Manager Murphy noted which parts of projects are City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 7) reimbursable by the State. C. Samaras noted motions should be answered to continue the flow of information to citizens. C. Leary noted that there was misleading information on both sides of the issue and that Manager should not be charged to attack all that information. C. Leary noted need for information and that there should be comparison information from other communities who have gone through this process. C. Leary noted costs are developing and will continue to do so through the design phase of the project. C. Rourke noted motions have been answered before vote was taken on site selection which commented on rehab versus new construction. C. Rourke noted more information will be provided when site is selected. M. Kennedy questioned traffic lights on Andover Street and the realignment of Raven Road. Nicolas Bosonetto (Traffic Engineer) outlined costs for lighting. M. Kennedy questioned costs for sidewalks and for removal to trees. M. Kennedy questioned if Town of Tewksbury would be involved as part of Clark Road is in that town. Mr. Bosonetto commented on costs and town involvement. M. Kennedy questioned possible flooding in that area. Mr. Bosonetto noted that engineering would have to be done for a proper assessment. M. Kennedy noted pressure from the community and the need to provide information. C. Leary noted the climate surrounding the issue and that valuable information could be supplied by comparing projects done in other communities. C. Elliott noted that the lawsuit filed by School Committee has stalled the project and that MSBA will not issue decision until resolved. C. Elliott commented on the political atmosphere out there and that regardless of what site moves forward it will be incredibly expensive. C. Milinazzo indicated that not all motions are being answered. C. Samaras noted that motions should move forward to provide information that could ease many concerns. C. Belanger noted that site needs to be nailed down so a design focus can begin and costs can be established. C. Elliott commented on the vast amount of information already provided. C. Rourke requested Item #8.2 be taken out of order. So voted without objection. 4.2. Communication - City Mgr. request Out of State Travel (2) LPD; (1) LFD. In City Council, read, Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 5. VOTES FROM THE CITY MANAGER 5.1. Vote-Apply.Accept.Expend 64,000.00 in grant funds from MassDEP. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Mercier, seconded by C. Rourke. Adopted per Roll Call vote 9 yeas. So voted. C. Mercier recognized Gunther Wellenstein and the use of the grant money. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 7) 5.2. Vote-Auth Mgr enter into LDA with S and R Corp re property at Parcel 5, 291 Jackson St and consummate sale of said property. 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. C. Samaras requested information regarding vote. Steve Plouffe of S and R Corporation commented on development and process to be used moving forward. C. Samaras noted it was a Lowell company remaining in the City. Manager Murphy outlined the agreement and the process. C. Belanger commented on strides made the development district and the efforts of the City. C. Elliott commented on agreement and the amount of jobs remaining in Lowell as well as additional jobs coming to Lowell. C. Milinazzo noted that current property of company will remain in operation. Motion by C. Mercier, seconded by C. Rourke to bundle and take out of order Items #8.1 and #8.3. So voted without objection. 5.3. Vote-Transfer 57,000.00 in funds for General Cemetery Improvements. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Belanger, seconded by C. Leary. Adopted per Roll Call vote 9 yeas. So voted. 6. REPORTS (SUB/COMMITTEE, IF ANY) None. 7. PETITIONS 7.1. Misc. - Leontino da Silva request installation of (1) handicap parking sign at 332 Lawrence Street. In Council, Motion to refer to Traffic Engineer for report and recommendation by C. Leary, seconded by C. Leahy. So voted. 7.2. Misc. - Michael Califano request installation of (1) handicap parking sign on Whidden Street near 87 Moore Street. In Council, Motion to refer to Traffic Engineer for report and recommendation by C. Leary, seconded by C. Leahy. So voted. 7.3. Axis Engineering Group - Request installation of underground communication conduit at 40 Andrews Street. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 7) In City Council, Given 1st Reading, Motion to refer to Public Hearing on October 24, 2017 at 7 PM by C. Leary, seconded by C. Leahy. So voted. 8. CITY COUNCIL - MOTIONS 8.1. C. Mercier - Req. City Mgr. have all related departments address and correct the ongoing problems at 73-75 Beech Street. In City Council, second by C. Rourke, referred to City Manager. So voted. C. Mercier outlined the history of activity at the address. Registered speakers, Thel Sar and Ken Vezina, address the Council and provided a signed petition regarding property. C. Mercier commented on the failure of the landlord and the many resources that should be used to correct the problems and to change attitudes of the landlord. 8.2. C. Rourke - Req. City Mgr. and the DPW dedicate a granite park bench at Callery Park in honor of Mrs. Mary Kay McNeil. In City Council, second by C. Mercier, referred to City Manager/DPW. Adopted per Roll Call vote, 9 yeas. So voted. C. Rourke commented on Mrs. McNeil and her community involvement. 8.3. C. Rourke - Req. City Mgr. have LPD and Inspectional Services provide a report on recent police activity as well as any inspectional reports in regards to 75 Beech Street. In City Council, second by C. Mercier, referred to City Manager. So voted. C. Rourke noted the problems have existed for some time and there is a need to put added resources to correct them. Manager Murphy noted that there will be a stronger effort in dealing with landlord and property. C. Elliott noted the need for more departments to be involved in order to get the attention of the landlord, especially the DART program. Manager Murphy outlined the DART process and the departments involved. C. Leahy requested suggestions to speed along the process. 8.4. C. Rourke - Req. City Mgr. update Council on the delay associated with contaminated soil in regards to MASSDOT—VFW Highway project from University Avenue to Aiken Avenue; such report should outline safety measures that have been put in place during the delay. In City Council, second by C. Milinazzo, referred to City Manager. So voted. C. Rourke noted the need for answers regarding the situation. C. Leahy noted the need to speed process up. C. Elliott noted concern with costs and who would be paying them. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 7) Manager Murphy noted City owned small portion of the land and the UMass-Lowell was involved. 8.5. C. Samaras - Req. City Mgr. provide an update on all costs at high school sites associated with traffic, including traffic upgrades along Rogers Street, Douglas Road, Village Street and Clark Road. In City Council, second by C. Leary, referred to City Manager. So voted. C. Samaras noted motion was self-explanatory. 8.6. C. Samaras - Req. City Mgr. provide an updated time line for each component of the MEPA review. In City Council, second by C. Milinazzo, referred to City Manager. So voted. C. Samaras noted that motion was tied to other motions concerning high school. 8.7. C. Samaras/C. Leahy - Req. City Mgr. provide an update regarding costs of all infrastructure improvements (i.e. Water/Sewer upgrades); include the costs associated with the replication of all the open space areas pursuant to Article 97. In City Council, no second needed, referred to City Manager. So voted. C. Samaras noted the need for information for the constituents. 8.8. C. Leahy - Req. City Mgr. clarify what the costs will be regarding the pools for each proposed high school location. In City Council, second by C. Leary, referred to City Manager. So voted. C. Leahy commented on payments for building in which pool would be located. 8.9. C. Leahy - Req. City Mgr. update City Council regarding LFD turn-out gear. In City Council, second by C. Leary, referred to City Manager. So voted. C. Leahy commented on the need to fund payments for gear even if grant is not fully realized as safety concerns dictate it. C. Leary noted the need for safety equipment in all departments as they would save on health costs and other insurance payments. C. Samaras noted need for all public safety personnel to have safety equipment. 8.10. C. Leahy - Req. City Mgr. clarify the issue regarding park land which was to be used by Lowell Catholic. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 7) In City Council, second by C. Leary, referred to City Manager. So voted. C. Leahy noted motion spoke for itself. 9. ANNOUNCEMENTS In City Council, M. Kennedy noted upcoming summit for Lowell Sustainability Council. C. Mercier noted Salvation Army fundraiser. 10. ADJOURNMENT In City Council, Motion to Adjourn by C. Rourke, seconded by C. Samaras. So voted. Meeting adjourned at 8:40 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