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: December 4, 2018 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. Milinazzo). M. Samaras presiding. 2. MAYOR'S BUSINESS 2.1. Designation - Lowell as a National Wildlife Refuge. M. Samaras introduced Jane Calvin, Executive Director of Lowell Parks and Conservation Trust, and Jared Green, Wildlife Refuge Specialist with the US Fish and Wildlife Services Eastern Massachusetts National Wildlife Refuge Complex who spoke briefly about the partnership with the City. 2.2. Presentation - City of Lights Parade Awards. M. Samaras announced winners of the awards. City Managers Award-No Bullying Zone children. Most Festive-Cub Scouts Pack Troop 7. Most Creative-Lowell High School Theatre Department Best Use of Theme-Middlesex Community College. Window Decoration Contest-1st place Enterprise Bank, 2nd place Allura Salon, 3rd place Social Pup. People’s Choice-1st place Sweet Lydia’s, 2nd place Rosie’s Café, 3rd place Humanity. Hot Chocolate Contest-1st place Little Delights, 2nd place Brew’d Awakening, 3rd place Rosie’s Café. C. Mercier requested moment of silence in darkened chamber for our 41st President George H. W. Bush. C. Kennedy requested moment of silence in darkened chamber for Mary Jane Bakey Milinazzo mother of Present City Councillor and Former Mayor James L. Milinazzo. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) C. Conway moved, seconded by C. Mercier “To take 11.1 Out of Order”. So Voted. 3. CITY CLERK 3.1. Minutes of Public Safety SC November 20th; City Council Meeting November 20th; Neighborhoods SC November 26th, for acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Cirillo, seconded by C. Mercier. So voted. 4. GENERAL PUBLIC HEARINGS 4.1. Vote-Adopt the Minimum Residential Factor for Fiscal Year 2019. In City Council, Given 2nd Reading. Hearing held. Speaking in Favor: Susan Lemay, Chief Assessor. No Remonstrants. Motion to adopt by C. Conway, seconded by C. Elliott. Adopted by Roll Call vote, 8 yeas, 1 absent (C. Milinazzo). So voted. 4.2. Loan Order-Wastewater Treatment Bond 450,000. In City Council, Given 2nd Reading. Hearing held. Speaking in Favor: Mark Young, Executive Director Wastewater. No Remonstrants. Motion to adopt and refer to Clerk’s Office for 20 days by C. Conway, seconded by C. Cirillo. Adopted by Roll Call vote, 8 yeas, 1 absent (C. Milinazzo). So voted. 4.3. Ordinance-Amend Ch. 56 entitled Personnel by amending various sections. In City Council, Given 2nd Reading. Hearing held. No Remonstrants. Motion to adopt by C. Conway, seconded by C. Mercier. Adopted by Roll Call vote, 8 yeas, 1 absent (C. Milinazzo). So voted. 5. COMMUNICATIONS FROM CITY MANAGER 5.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. ??, seconded by C. ??. So voted. A) Upkeep of School Grounds M. Samaras asked to postpone till C. Milinazzo returns. B) No Turn on Red Boylston and Rogers City Manager commented on the report. C) School Zone Speed Limits C. Cirillo asked the Traffic Engineer to go over report. D) Lighting along river and canal walkways throughout the City Councillors commented on the lights and ownership of lights. E) Fence at Eagle Park C. Cirillo thanked City Manager for report. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) F) Lighting at Fort Hill Park C. Nuon is happy with report. G) Fire Station Washer Ejector Units C. Elliott thanked the City Manager for report. Chief Winward reported that all have been installed and are working. C. Leahy commented on how important these ejector units are. H) LPD School Crossing Guards C. Cirillo commented on report. C. Conway commented on effectiveness of using flags. I) Senior Center Bus C. Mercier thanked the City Manager and Conor Baldwin. C. Mercier then moved, seconded by C. Elliott “To have the Law Department prepare the formal votes to repurpose the existing capital authorization and transfer the appropriations” 5.2. Informational Reports J) MassDOT Hearing for River Road Project City Manager commented that the public hearing for this project which is in Tewksbury but right on the Lowell line will take place next Tuesday night at 7PM. K) Capital Needs City Manager commented on report. C. Elliott moved, seconded by C. Nuon “To refer this report to the Finance Sub/Committee”. So voted. 5.3. Communication-Appoint Mary Donnelly and Beverly Gonsalves to Council on Aging. In City Council, read, Motion to adopt by C. Leahy, seconded by C. Mercier. Adopted per Roll Call vote 8 yeas, 1 absent (C. Milinazzo). So voted. 6. VOTES FROM THE CITY MANAGER 6.1. Vote-Authorize Mgr. Ex. MOU MVEA II 7.1.18-6.30.21. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Elliott, seconded by C. Conway. Adopted per Roll Call vote 8 yeas, 1 absent (C. Milinazzo). So voted. 6.2. Vote-Authorize Mgr. Ex. MOU MVEA IIP 7.1.18-6.30.21. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Conway, seconded by C. Elliott. Adopted per Roll Call vote 8 yeas, 1 absent (C. Milinazzo). So voted. 6.3. Vote-Authorizing the filing of Special Legislation to add 3 associate members to the Conservation Commission. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Conway, seconded by C. Mercier. Adopted per Roll Call vote 8 yeas, 1 absent (C. Milinazzo). So voted. 7. ORDERS FROM THE CITY MANAGER 7.1. Order-60 Day Trial-Maryl Drive. Registered Speakers: Stephen Maniscalco, Brian Monaghan, Bill Ratcliffe, Charles Bendzewicz C. Cirillo commented on limiting the traffic to residents only is a step in the right direction and that keeping the residents of Maryl Drive and Fairmount Street safe is the key factor. C. Leahy asked the Traffic Engineer if there were any better solutions and Traffic Engineer explained enforcement and signage is a step in the right direction. Traffic Engineer also commented on the GPS Ways App. C. Mercier commented on the fact that if the 60 Day Trial is not working the Traffic Engineer would come back to the Council and the Traffic Engineer said the residents are in contact with her regularly and she is sure the residents would contact the Council if it is not working and something greater needs to be done. City Manager addressed the concern that Maryl Drive would continue to be maintained and plowed by the City. C. Elliott commented that he would support the Order and that the Traffic Engineer be allowed to communicate data with respect to the GPS Ways App. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Elliott, seconded by C. Cirillo. Adopted per Roll Call vote 8 yeas, 1 absent (C. Milinazzo). So voted. 8. ORDINANCES FROM THE CITY MANAGER 8.1. Ordinance-Amend Ch 290 Zoning by extending the Regional Retail District to include 55, 75 and 77-81 Phoenix Avenue. In City Council, Given 1st Reading. Motion to refer to Public Hearing on January 29, 2019 at 7 PM by C. Conway, seconded by C. Cirillo. So voted. 8.2. Ordinance-Amend Ch. 9 , Article V Planning Board, s. 9-15 by increasing Associate Members from one to two. In City Council, Given 1st Reading. Motion to refer to Public Hearing on January 29, 2019 at 7 PM by C. Elliott, seconded by C. Conway. So voted. 9. REPORTS (SUB/COMMITTEE, IF ANY) 9.1. Neighborhoods SC November 26, 2018. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) In City Council, C. Cirillo provided the report noting attendance and discussion regarding snow removal and safety procedures during winter season. C. Leahy commented that they also discussed operation Rosebud Motion to accept the report as a report of progress by C. Elliott, seconded by C. Conway. So voted. 10. PETITIONS 10.1. Claim - (1) Personal Injury. In Council, Motion to refer to Law Department for report and recommendation by C. Elliott, seconded by C. Cirillo. So voted. 10.2. Misc. - Eduardo Beato request reimbursement for towing charges. In Council, Motion to refer to Law Department for report and recommendation by C. Conway, seconded by C. Elliott. So voted. 10.3. Misc. - Wendy Blom (Ex. Dir. Lowell Telecommunications Corporation) request installation of overhanging sign at 246 Market Street. In Council, Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Nuon. So voted. 10.4. National Grid/Verizon NE - Request installation of new pole at 198 Riverside Street and Sarah Avenue. In City Council, Given 1st Reading. Motion to refer to Public Hearing on January 8, 2019 at 7 PM by C. Nuon, seconded by C. Cirillo. So voted. 10.5. Verizon NE - Request installation of underground conduit to replace overhead services at 165 Thorndike Street and Highland Street. In City Council, Given 1st Reading. Motion to refer to Public Hearing on January 8, 2019 at 7 PM by C. Conway, seconded by C. Elliott. So voted. 11. CITY COUNCIL - MOTIONS 11.1. C. Conway - Req. City Mgr. provide a report regarding the Joseph Cady Bicycle Race held at Shedd Park on 11/18/2018; include estimated costs to repair the damaged areas of the route to its original condition. Registered Speakers: Scott Ouellette, Nathaniel Kraft, Kristy Paolillo, Tim Patterson, Marybeth McKenney, Dino Piskopanis, Jake Brige, Joe Cady. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) C. Conway commented that he had walked the park and the conditions were sad. C. Conway said he thinks it is important to find out how much it will cost to bring it back to where it should be. C. Conway also said it should not be done by City Workers or on the backs on the taxpayers. C. Conway said he would like the City Manager to sit with City Solicitor to go over Chapter 266 S 127 in regards to destruction of property. C. Mercier commented that she did not believe their intent was to do destroy the park but that the bottom line is that it needs to be repaired and that the City is not responsible. C. Nuon commented that the race has been going on for 15 years and that this year the condition of the park was deplorable. C. Nuon said he agrees with C. Mercier that the organizer of the event did not plan for this to happen. C. Nuon said he would like to see the City Manager work with the organizer to get the park to the right condition and not by using city employees or city resources. C. Kennedy said he would support the motion. C. Kennedy also walked the park and did see people repairing the park. C. Kennedy said it would be good to get a report and that maybe event organizers provide a bond as C. Mercier suggested or have an agreement with the event organizers with respect to the maintaining the condition of the park. C. Elliott commented on condition of the park. C. Elliott said that moving forward part of the permit condition should be if the weather is inclement the event needs to be cancelled. Joe Cady event organizer said he would be happy to walk the park with the Parks Superintendent. C. Conway said it should be done by a legitimate landscaper. C. Cirillo said she looks forward to the report. City Manager commented and would provide a report and also look at procedures for future purposes whether that be a change of policy, enacting a City Ordinance in terms of surety bonds. C. Cirillo moved seconded by C. Kennedy “To take 7.1 Out of Order”. So Voted. 11.2. C. Mercier - Req. City Mgr. have City Solicitor draft the proper vote on a resolution in opposition by City Council of the FCC proposed rule to cut 5% funding for public access stations. In City Council, seconded by C. Elliott, referred to City Manager. So voted. 11.3. C. Kennedy - Req. City Mgr. consider entering an Energy Savings Performance Agreement aimed at reducing energy costs in all school and municipal buildings and using those savings to pay for capital improvements and repairs. In City Council, seconded by C. Cirillo, referred to City Manager. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) 11.4. C. Kennedy - Req. City Mgr. instruct the Transportation Engineer to review the efficiency of the traffic light sequencing along Route 113-VFW Highway— Route 38 traffic corridor. In City Council, seconded by C. Cirillo, referred to City Manager. So voted. 11.5. C. Kennedy - Req. School Department and/or Law Department provide the Council with a copy of the “soon to be completed” fiscal audit of the School Department. In City Council, seconded by C. Nuon, referred to Mayor and the Law Department. So voted. 11.6. C. Kennedy/C. Cirillo - Req. City Mgr. take the necessary steps to install a water-level gauge at the Pawtucket Falls. In City Council, no second needed, referred to City Manager. So voted. 11.7. M. Samaras - City Mgr. place Starr Avenue on the paving list. In City Council, seconded by C. Leahy, referred to City Manager. So voted. 11.8. M. Samaras - Req. City Mgr. instruct proper departments prepare traffic mitigation plans in response to anticipated opening of stores selling recreational cannabis. In City Council, seconded by C. Cirillo, referred to City Manager. So voted. C. Elliott would also like to see this motion referred to the Cannabis Control Sub/Committee, no objection. 12. ANNOUNCEMENTS In City Council, City Manager announced that the last week for yard waste will be next week. City Manager also announced that next Tuesday will be the Holiday Open House at City Hall at 4PM. C. Mercier also announced Saturday December 8th WCAP Salvation Army Radio-thon from 6AM till 2PM with auction and live entertainment. 13. ADJOURNMENT In City Council, Motion to Adjourn by C. Kennedy, seconded by C. Leahy. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) Meeting adjourned at 8:53 PM. _____________________________ Angela Gitschier, Asst. Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov