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 24, 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. Mercier). M. Kennedy presiding. C. Samaras requested moment of silence in darkened chamber for George Tsapatsaris (former School Superintendent). C. Leary commented on advice and guidance given by Mr. Tsapatsaris. C. Elliott requested moment of silence in darkened chamber for 7 year old boy tragically killed over the weekend. 2. MAYOR'S BUSINESS 2.1. Communication - Letter of Superintendent regarding school surplus buildings. In City Council, read, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. C. Leary noted the information and the possible use for special education which would probably entail renovations. M. Kennedy noted buildings would be needed for school purposes and not commercial development. C. Leahy noted that letter was incorrect regarding description of property. C. Rourke questioned the timing regarding the letter. Motion by C. Samaras, seconded by C. Elliott to take Item #10.1 out of order. No objections. So voted. 3. CITY CLERK 3.1. Minutes of Zoning SC October 17th; City Council Meeting October 17th, for acceptance. In City Council, 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 8) 4. UTILITY PUBLIC HEARING 4.1. Axis Engineering Group - Request installation of underground communication conduit at 40 Andrews Street. In City Council, Given 2nd Reading. Hearing held. Speaking in favor were Shelly Cullin (Axis Engineering) and Nicolas Bosonetto (City Engineer). No remonstrants. Motion to refer to Wire Inspector for report and recommendation by C. Rourke, seconded by C. Samaras. So voted. 5. COMMUNICATIONS FROM CITY MANAGER 5.1. Motion Responses. In City Council, read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Samaras. So voted. A) Dedication for Mary Kay McNeil – None. B) Lord Overpass Update – C. Leary noted time frames involved with project. Mr. Bosonetto noted that there were three segments to the project and he outlined time frames for each. C. Leary commented on public input that is associated with the project and that information would be provided to them. C) LHS Ancillary Cost – C. Milinazzo noted that he stood corrected and that there is a 6 million dollar delta between the two high school proposals. C. Milinazzo requested information be put on website for inspection and that the costs of both sites must be reviewed and compared. C. Rourke commented that costs reports were set at maximum amounts. C. Leary noted that there should be studies of other communities; such as Lawrence and Fall River to assess which costs are truly necessary. C. Belanger commented on water/sewer work needed in the Cawley area. Mark Young (Water/Sewer) commented on the needed work in the area and that no funding has been identified to begin design phase and that there are only conceptual plans at present. Conor Baldwin (CFO) noted work would need to be funded by loan order and supported by the enterprise fund. C. Belanger noted that it was necessary to begin that process. C. Milinazzo noted that new building in that area will effect water movement and storage. C. Leahy questioned location of possible storage at the site and infrastructure needed to enable that. C. Leary commented issues rose long before high school plans were developed for that area. M. Kennedy commented on studies needed for Cawley site and noted letter from agency in charge of those studies. C. Leary commented on process and noted City was in line with all regulations. Manager Murphy noted the need to have a design and to get funding after that design and that is when studies would be done. Christine O’Connor (City Solicitor) commented on process and the regulations to fund noting that design must be done to provide adequate information to conduct any studies. C. Milinazzo questioned what would be needed if there were a change of location on the project. M. Kennedy commented on why he presented the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) letter and noted no such review would be needed for downtown site. Manager Murphy outlined the process. C. Rourke noted that delays in the project will cost taxpayers money. C. Milinazzo noted the potential for delays at the Cawley site. M. Kennedy commented on misinformation involved and that it changes often. D) 29 Frothingham St Update – Registered speaker, Robert Mason addressed the Council. M. Kennedy requested that questions be submitted to Manager so that they may formulate responses. C. Leahy noted the stop work order; oil spill issue; and assessment process. C. Elliott commented on assessment of property and reverting it back into a two-family. Manager Murphy outlined approach to resolve the issues. Eric Slagle (Insp. Services) updated work being done in accordance with permits. C. Belanger commented on the issues and noted the importance of ensuring compliance with building permits. C. Samaras noted illegal use of property has negative effect on neighborhoods. Mr. Slagle outlined process to check the number of occupants inhabiting a building. C. Leary noted corrections could be made by strong ordinances. C. Leahy noted the need to examine new approaches by way of ordinances. 5.2. Informational E) LowellSTAT - Development Services Report - None F) FY2018 Live Auction Results – C. Leahy noted the revenue received from auction. C. Rourke questioned time allowed to rehab any purchased properties. Solicitor O’Connor commented on auction and results. 5.3. Communication-Reappoint Henri Marchand and Michael McGovern to Taxicab and Livery Commission. In City Council, read, Motion to adopt by C. Leary, seconded by C. Milinazzo. Adopted per Roll Call vote 8 yeas, 1 absent (C. Mercier). So voted. 5.4. Communication-Reappoint Roland Cartier Jr. and Kyle Van to Veterans Commission. In City Council, read, Motion to adopt by C. Elliott, seconded by C. Leary. Adopted per Roll Call vote 8 yeas, 1 absent (C. Mercier). So voted. 5.5. Communication-Reappoint Thel Sar to Election Commission. In City Council, read, Motion to adopt by C. Leary, seconded by C. Elliott. Adopted per Roll Call vote 8 yeas, 1 absent (C. Mercier). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) 5.6. Communication - City Manager request Out of State Travel (1) Library. In City Council, read, Motion to adopt by C. Milinazzo, seconded by C. Leary. Adopted per Roll Call vote 8 yeas, 1 absent (C. Mercier). So voted. 6. VOTES FROM THE CITY MANAGER 6.1. Vote-Auth Mgr. Ex. Easement Agreement between City and UMBA re LeLacheur Park. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Milinazzo, seconded by C. Rourke. Adopted per Roll Call vote 8 yeas, 1 absent (C. Mercier). So voted. 6.2. Vote-Auth Mgr. Ex. Easement from City to UMBA and UML portion of Pawtucket Street and Salem Street. 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 8 yeas, 1 absent (C. Mercier). So voted. 6.3. Vote-Auth Mgr. Ex. Easement from City to UML (Broadway Street and Pawtucket Street). In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Belanger, seconded by C. Leahy. Adopted per Roll Call vote 8 yeas, 1 absent (C. Mercier). So voted. 6.4. Vote-Auth Mgr. Ex. MOU Boston Surface Railroad Company, Inc. 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. Mercier). So voted. C. Milinazzo introduced and representative of Boston Surface Railroad, Inc. who addressed the body. 6.5. Vote-Auth. CM Execute License Agreement overhanging awning Minas Lunch Corp. 191 Appleton Street. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Rourke, seconded by C. Milinazzo. Adopted per Roll Call vote 8 yeas, 1 absent (C. Mercier). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) 7. ORDINANCES FROM THE CITY MANAGER 7.1. Ordinance-Amend Zoning-various sections. In City Council, Given 1st Reading, full reading waived with no objections, Motion to refer Planning Board for report and recommendation and to public hearing in City Council on December 5, 2017 at 7 PM by C. Belanger, seconded by C. Leary. So voted. 8. REPORTS (SUB/COMMITTEE, IF ANY) 8.1. Economic Development SC October 24, 2017. In City Council, C. Samaras provided report commenting on attendance and discussion of Hamilton Canal Innovation District and other economic development projects in the City; including the many restaurants and new and existing businesses. Manager Murphy commented on new Transformational District Initiative Program and the ability to hire expert in field of economic development. Motion to accept the report as a report of progress by C. Samaras, seconded by C. Leary. So voted. 9. PETITIONS 9.1. Misc. - Crepes and the City (Ferney Lopez) request City Council approval of installation of overhanging sign at 144 Merrimack Street. In Council, Motion to refer to Law Department for report and recommendation by C.Rourke, seconded by C. Milinazzo. So voted. 9.2. Comcast - Request permission to install underground conduit at manhole at 43 Market Street. In City Council, Given 1st Reading, Motion to refer to Public Hearing on November 14, 2017 at 7 PM by C. Leary, seconded by C. Belanger. So voted. M. Kennedy requested that Items #9.3 to #9.6 be bundled. So voted with no objections. 9.3. National Grid - Request permission to install (1) pole at corner of Pawtucket and Merrimack Streets. In City Council, Given 1st Reading, Motion to refer to Public Hearing on November 14, 2017 at 7 PM by C. Rourke, seconded by C. Milinazzo. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) 9.4. National Grid - Request permission to install (1) stub pole and anchor at 590 Pine Street. In City Council, Given 1st Reading, Motion to refer to Public Hearing on November 14, 2017 at 7 PM by C. Rourke, seconded by C. Milinazzo. So voted. 9.5. National Grid/Verizon NE - Request permission to install (1) pole and 10 feet of conduit at East Merrimack and Park Streets. In City Council, Given 1st Reading, Motion to refer to Public Hearing on November 14, 2017 at 7 PM by C. Rourke, seconded by C. Milinazzo. So voted. 9.6. National Grid/Verizon NE - Request permission to install (1) pole and 30 feet of conduit at 357 Pawtucket Street. In City Council, Given 1st Reading, Motion to refer to Public Hearing on November 14, 2017 at 7 PM by C. Rourke, seconded by C. Milinazzo. So voted. 10. CITY COUNCIL - MOTIONS 10.1. C. Samaras - Req. City Council send letter of support to the Lowell Community Health Center regarding their request to Congress to pass the “Community Health Investment, Modernization and Excellence Act 2017” (CHIME). In City Council, second by C. Elliott, referred to City Manager. So voted. Registered speaker Susan Levine (CEO LCHC) addressed the body. C. Samaras noted the importance of programs to the Lowell school system and the administration should join in on letter of support. C. Elliott noted the importance of programs in the City. M. Kennedy stated that he would have State delegation join in on letter of support as well. 10.2. C. Samaras - Req. City Mgr. initiate an application to the Massachusetts Cultural Facilities Fund through the Mass Cultural Council and Mass Development to enhance the presence of public art and lighting in the City and to expand these efforts into the City’s neighborhoods for the coming year. In City Council, second by C. Rourke, referred to City Manager. So voted. C. Samaras noted the need to develop arts and commented on past and future projects. 10.3. C. Milinazzo - Req. City Mgr. prepare a detail list of all estimated costs associated with both high school locations and the direct impact to the taxpayer including soft costs, construction costs, and ancillary or related costs i.e. Article City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) 97, water and sewer upgrades, transportation and pedestrian improvements, potential eminent domain costs, and busing costs, etc. In City Council, second by C. Rourke, referred to City Manager. So voted. The following registered speakers addressed the Council; Armand Hebert, Karen Cirillo and Mike Dillon, Jr. C. Milinazzo noted the need for transparency and to provide information regarding both sites from experts. 10.4. C. Leary - Req. City Mgr. provide a report regarding DPW usage of chemical application when treating the road before, during and after storms; report should include the costs associated with implementation and recommendations for saving costs. In City Council, second by C. Leahy, referred to City Manager. So voted. C. Leary commented on costs savings programs. Manager Murphy noted that the DPW will make presentation regarding winter operations. 10.5. C. Leary - Req. City Mgr. provide a report regarding the number of contractors used to treat roads before, during and after storms; report to include use of GPS/GIS technology, the amount of product each contractor vehicle applies on the roads, the costs associated with the implementation recommendations for saving costs. In City Council, second by C. Leahy, referred to City Manager. So voted. C. Leary noted that information would be similar to prior motion. 10.6. C. Leary - Req. City Mgr. provide an update regarding the discussions with Circle Health (“Lowell General Hospital”) as it relates to reaching a PILOT agreement with the City of Lowell. In City Council, second by C. Leahy, referred to City Manager. So voted. C. Leary requested update and noted the need to keep discussion moving. 10.7. C. Leary - Req. City Mgr. review the feasibility of changing the direction of traffic over the Howe, Ouellette and Rourke Bridges; one-way during peak driving periods, in an effort to determine if this could improve traffic congestion. In City Council, second by C. Leahy, referred to City Manager. So voted. C. Leary noted that suggestion may make sense but it needs to be studied. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) Manager Murphy noted that there would be no significant items to be placed on next week’s agenda. Motion by C. Leary, seconded by C. Leahy to cancel Council Meeting for October 31, 2017. Adopted per 8 yeas, 1 absent (C. Mercier). No objections. So voted. C. Elliott requested suspension of the rules to discuss recent tragedy in City. M. Kennedy noted no objections to the request and allowed under general consent. So voted. C. Elliott commented on the tragedy. Manager Murphy noted the offer to assist in any manner by the administration to the family. Motion by C. Elliott, seconded by C. Milinazzo to refer to City Manager to review prior and current ordinances regarding supervision of dogs; make any recommendations as to what can be done as preventative safety measures; and look to reengage Animal Control Commission to assist in any review and/or amendments to ordinances. C. Milinazzo commented on work of commission and entered into the record letter of Lowell Humane Society and the MSPCA. C. Samaras noted the need for a possible different approach to ensure safety for all. 11. ANNOUNCEMENTS In City Council, C. Leary commented on upcoming Lowell Junior League football game on the South Common. 12. ADJOURNMENT In City Council, Motion to Adjourn by C. Rourke, seconded by C. Samaras. So voted. Meeting adjourned at 8:35 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