2011 Council Mins

Transcription

2011 Council Mins

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MINUTES OF THE MEETING
OF THE LAWRENCE CITY COUNCIL
DATE: Tuesday, January 4, 2011
A REGULAR MEETING of the City Council was held on Tuesday, January 4,
2011 at 7: 07 p.m. in the City Council Chamber with all Members present.
Approximately Twenty-five [25] persons were present.
A Moment of Silence was held.
The Pledge of Allegiance was recited.
I. ACCEPTANCE OF MINUTES:
Council President Moran informed the Council Members present that the minutes
of City Council Meetings conducted December 7, 2010 were submitted by the City Clerk
for consideration and acceptance of the City Council Members.
Upon the motion of Councilor Almonte to accept the minutes as presented duly
seconded by Councilor Aquino, the Council Members present voted unanimously [9-0] to
accept the minutes.
II._PUBLIC PARTICIPATION:
Council President Moran requested those who wished to provide public input and
participation to present themselves and address the City Council. Upon the invitation of
Council President Moran, the following individuals addressed the City Council:
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke of the loss of public safety
protection due to City Council mismanagement.
Fernando Landor 59 Tremont Street, Lawrence, MA spoke of the mismanagement of
the parking attendants in Lawrence.
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[Tuesday, January 4, 2011]
Lydia Rivera –Garcia, 69 Exchange Street, Lawrence, MA spoke in support of bid
presented by Bread & Roses program for the purchase of City Owned Real Property.
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA stated that the Mayor should
provide for an English translation of information regarding closing of City Services and
Schools due to a snow emergency so business owners who do not speak Spanish can be
informed as well. He thanked the City Council Members for assuring the tax bills were
sent out timely.
Dave Mazzaglia, Department of Public Works Shop Steward, informed the
Council that private contractors are being hired to perform work that DPW workers are
available to perform as overtime. He stated that the Administrations use of contractors
for work that should be assigned “overtime” for Public Works employees results in
additional cost and expense to the City and is a waste of money.
Councilor Rivera informed the Council Members that the current Acting Public
Works Director John Isensee is doing a tremendous job under the circumstances inherited
from the past Director and in face of a serious loss of employees.
III. PUBLIC HEARINGS:
Doc. 229/10: Handicapped Parking Sign – 2 Saratoga Street –
Hearing held – Approved
At the request of Council President Moran, the City Clerk read the public hearing
notice regarding the above as published. Upon the conclusion of the Clerk’s reading of
the public notice, Council President Moran opened the public hearing portion of the
proceedings and invited anyone who wished to be heard to present themselves before the
Council Members.
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Upon no discussion or comment offered by anyone present, Council President
Moran closed the public comment portion of the proceedings and called upon the Council
Members present to offer comment or discussion.
Upon no discussion or comment offered by the Council Members present,
Council President Moran closed the discussion portion of the hearing and called upon the
Council Members present to consider the matter presented. Council Vice President Silva
moved to approve the item as presented which was seconded by Councilor Almonte and
unanimously approved by the Council Members present [9-0].
Doc. 229/10: Approved
Doc. 333/10: Stop Signs and Flashing Red Signals – Intersection of Bennington
Street and Erving Avenue – Hearing held - Approved
Council Members. Upon no public comment offered on the matter, Council President
Moran closed the public hearing portion of the proceedings and called upon the Council
Members present to offer comment or discussion. Upon no discussion or comment
offered by the Council Members present, Council President Moran closed the discussion
portion of the hearing and called upon the Council Members present to consider the
matter presented.
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Upon a motion to approve the measure presented by Councilor Almonte as
approve the item presented.
Doc. 336/10: Handicapped Parking Sign – 255 Salem Street – Hearing held –
Approved
Council Members.
Upon no public comment offered on the matter, Council President Moran closed
the public hearing portion of the proceedings and called upon the Council Members
present to offer comment or discussion.
Council Members present to consider the matter presented.
Doc. 342/10: Juniper Street – one-way north from Alder Street – Hearing held Approved
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Council Members.
Deputy Chief of Police Melix Bonilla informed the Council Members that
representatives of the Lawrence Police Department met with the area neighborhood
associations and residents who would be affected by the ordinance if approve and stated
that all were in support of the measure presented.
Upon no further public comment offered on the matter presented, Council
President Moran closed the public hearing portion of the proceedings and called upon the
Council Members present to offer comment or discussion.
Upon being granted the floor, Councilor Aquino presented a motion to approve
the measure which was seconded by Councilor Rivera.
Upon being granted the floor, Council Vice President Silva commented that the
ordinance would make Juniper Street open for “one way” vehicle traffic which would
help resolve parking difficulties on that street. A discussion ensued among the Council
Members regarding the current winter parking ban and the general parking difficulties
throughout the City especially in winter months.
Upon no further discussion or comment offered by the Council Members present
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Upon a motion to approve the measure presented by Councilor Aquino as
seconded by Councilor Rivera, the Council Members present voted unanimously [9-0] to
approve the measure.
Doc. 366/10: National Grid – permission to locate poles, wires and fixtures on
Basswood Street – Hearing held – Approved
Council Members.
David Agnew appeared on behalf of National Grid [the petitioner] and provided
the Council Members with a description of the work to be performed as outlined in the
petition presented.
Upon no further public comment offered on the matter, Council President Moran
closed the public hearing portion of the proceedings and called upon the Council
Upon being granted the floor, Councilor Maldonado presented a motion to
approve the measure which was seconded by Councilor Aquino.
Upon being granted the floor, Councilor Twomey asked Mr. Agnew questions
about the proposed project.
Council President Moran asked questions about the coordination of the other
service companies involved which Mr. Agnew informed the Council Members that all
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services are arranged so they are appropriately coordinated. Council President Moran
commented that the installation of double poles is a problem that has persisted for many
years and that all proposed work should be presented to reduce the possibility of any such
installations.
Upon being granted the floor, Councilor Rivera inquired about the specific work to be
done which Mr. Agnew explained that the new pole would be installed and services
attached. The old pole at the site would then be removed.
At the request of Council President Moran, Mr. Agnew stated that he would
provide the Council Members with a list of all double pole locations in the City of
Lawrence.
Upon no further discussion or comment offered by the Council Members present,
Members present to consider the matter presented.
Upon a motion to approve the measure presented by Councilor Maldonado as
approve the petition as presented
Doc. 357/10: Extenet Systems Proposed Distributed Antenna Network Expansion –
319 Haverhill Street – Hearing held - Approved
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Council Members.
Upon being granted the floor, Councilor Bernal presented a motion to approve the
measure which was seconded by Councilor Aquino.
Upon being granted the floor, Council Vice President Silva posed questions about
the proposed installation to Ms. Carly Cowher who appeared on behalf of Extenet
Systems [the petitioner].
Upon being granted the floor, Councilor Twomey asked Ms. Cowher if the
proposed installations results in the generation of any additional payment to the City of
Lawrence for use of the pole. Councilor Bernal explained that the Tax Collector
proportionately assesses each of the utilities providing service and that any other
companies will pay the company being assessed in accordance with the permission to
utilize the pole location. She further explained that all assessments are governe3d by
State Law.
Upon being granted the floor, Councilor Maldonado posed questions about the
coverage the installation will affect to Ms. Cowher who explained that these installations
fill a gap in coverage that cell towers cannot provide.
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Upon a motion to approve the measure presented by Councilor Bernal as
63 Myrtle Street – Hearing held - Approved
Council Members.
approve the measure presented which was seconded by Councilor Bernal.
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seconded by Councilor Bernal, the Council Members present voted unanimously [9-0] to
76 Jackson Street – Hearing held – Approved
Council Members.
Jose a business owner at 83 Jackson Street stated his concern about possible
interference with his antenna frequency. Ms. Cowher stated there should be no frequency
interference.
Upon being granted the floor, Councilor Almonte presented a motion to approve
the measure which was seconded by Councilor Bernal and the Council Members present
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voted unanimously [9-0] to approve the item presented.
423 Lowell Street – Hearing held – Approved
Council Members.
approve the measure which was seconded by Councilor Almonte and the Council
Members present voted unanimously [9-0] to approve the item presented.
IV: Communication from Mayor, City Officials & City Attorney: - None
V. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 367/10: Department of Public Works – Prior Year’s Invoices for $10,906.00 –
Budget and Finance Comt. – Approved
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At the request of Council President Moran, Councilor Rivera provided a report on
the item and moved to approve the item presented. The motion was seconded by
Councilor Almonte.
Acting Department of Public Works Director John Isensee explained and
discussed the bills presented for payment, the use of the heating oil involved, and
informed the Council that the reason the bills were late was due to the fact that they were
being forwarded to an employee that was no longer working for the City of Lawrence.
As a result, no one discovered the billings for some time.
Upon request of Councilor Laplante, the substance of the motion on the floor was
explained. Councilor Laplante suggested that it would be procedurally more appropriate
to accept the committee report and then vote upon the substance of the item
Upon continuing, Councilor River presented a motion to accept the report as
presented. The motion was seconded by Councilor Almonte and the Council Members
present voted unanimously [9-0] to accept the report of the Budget & Finance Committee
on the item presented.
Councilor Rivera then presented a motion to approve the item which was
seconded by Councilor Aquino.
Upon being granted the floor, Councilor Maldonado informed the Council
Members that the reason the item was sent to the Full Council without a recommendation
is due to the number of late bills being received and that some manner of reducing the
amount due from those vendors for late billing was being considered. Councilor
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Maldonado suggested that future contracts with vendors who submit late bills should
provide a condition for the reduction of the amount due.
Upon being granted the floor, Councilor Rivera informed the Council Members
that although late bills should be subject to a reduction clause, these particular bills were
not paid as a result of nonpayment by the City of Lawrence and not a result of the
vendor’s failure to forward timely billing.
Upon being granted the floor, Councilor Maldonado commented that nonpayment
of bills is something that has occurred with the prior Administration and the goods and
services subject to these particular bills were obtained during the present
Administration’s tenure.
Upon being granted the floor, Council Vice President Silva discussed the reason
for the bills remaining unpaid and emphasized that the employee receiving the bills sent
by the vendor was no longer working for the City of Lawrence when they were sent.
Upon being granted the floor, Councilor Rivera stated that the situation in this
case was unique and is not comparable to the mis-management of 25 million dollars by
the prior Administration.
Upon being granted the floor, Council Vice President Silva stated that she will
discuss and research the matter further with the appropriate personnel. She emphasized
her concern in this instance is that the bills were submitted to someone who was no
longer employed by the City of Lawrence without being noticed by anyone.
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Upon no further discussion, comment or inquiry the Council Members present
voted unanimously [9-0] to approve the item presented.
Doc. 391/10: Appropriation – Snow and Sanding – authorization to exceed in
accordance with MGL Ch. 44, Sec. 31D – Budget and Finance Comt. –
At the request of Council President Moran, Councilor Rivera presented the report
of the Budget and Finance Committee to approve the item as presented. The motion was
seconded by Councilor Almonte.
Upon being granted the floor, Councilor Laplante discussed the budgeting and
funding process of these items by the Public Works Department.
At the invitation of Council President Moran, Acting Public Works Director John
Isensee explained the reasons for the manner that cities and towns budget and fund for
snow removal. A discussion ensued between Director Isensee and Councilor Laplante
regarding other methods of budgeting for these services.
Upon being granted the floor, Councilor Rivera explained the discussions held
before the Budget Committee and hearings held regarding the manner of projecting snow
removal expenses.
Upon being granted the floor, Councilor Maldonado stated that budgeting snow
removal expenses may be better accomplished if 10 year average of those costs is used as
a base for each fiscal year and funded in that manner. Acting Director Isensee stated that
it is not usually done that way due to the possibility of a cost overrun. He stated that he is
certainly willing to use that method if it is required.
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Upon a motion to approve the measure presented by Councilor Rivera as
seconded by Councilor Almonte, the Council Members present voted unanimously [9-0]
to approve the item presented.
Council President Moran called the following matter to the attention of the
Council Members as appearing on the Agenda which was referred as indicated:
Doc. 2/11: Lawrence Fire Department – previous year bills (FY 2010) - $12,997.05 –
Brian J. Murphy, Provisional Fire Chief – Ref. to Budget & Finance Cmt.
VI. COMMITTEE REPORTS:
Doc. 138/07: Disposition – 17-19 Pleasant Street - (Map 58, Lot 13) – Hous. Comt. –
Approved
At the request of Council President Moran, Councilor Laplante presented the
report of the Housing Committee to approve the disposition of City owned real property
located at 17-19 Pleasant Street by transfer of title to George Daher in the amount of
$36,000 with conditions. The report was presented in the form of a motion to approve the
transfer which was seconded by Councilor Rivera.
Upon being granted the floor, Councilor Laplante explained the bid process
applied to all the City Owned properties being reported and that approvals are typically
based on the successful bidder meeting complying with stated conditions.
Councilor Laplante posed questions to Economic Development Director Patrick
Blanchette who explained the process required to obtain bids and the final award of the
real property pursuant to State Law. Councilor Laplante informed the Council Members
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about those residents in the neighborhood who filed a petition opposing the construction
of a two family home as proposed by the bidder selected for award in this instance.
Mr. Vasquez, 21 Pleasant Street, Lawrence, MA, stated he never received mail
notice of the pending sale and was not aware of the sale of the property until he saw a
“for sale” sign posted on the property about two or three months before the bid process.
He stated that he and other neighbors have cleaned and maintained the property for a
number of years without cost to the City of Lawrence. He also stated that he believes
personal notice of the sale should be provided to the abutting neighbors. He stated that
the people signing the petition oppose the construction of a house on the lot subject to the
sale. He suggested the property should remain vacant and continued to be used as a park
by the area children.
Upon being granted the floor, Councilor Almonte informed the Council Members
about her inquiry into the sale of the property and exploring the possibility that it may be
dedicated for use by the neighborhood children. She stated that she does not support the
proposed award due to neighborhood opposition as well as the fact that new construction
will cause additional density and vehicle traffic in the area.
Council President Moran discussed the proposed petition for the sale of this parcel
with Mr. Vasquez explaining that the sale and disposition of real property in general
would be in the best interest of the City of Lawrence. A discussion ensued between
Councilor Almonte and Council President Moran regarding the safety issues related to
the sale of this parcel.
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Chief Economic Development Director, Blanchette informed the Council
Members that the City of Lawrence has complied with the required process and that the
proposed award of the parcel to George Daher meets all the legal requirements. He stated
further that there does not appear to be any reason that the Council Members should not
consider the recommended transfer favorably.
Council President Moran posed questions to Director Blanchette regarding the “as
is” terms of the sale and future Zoning Board approvals that will be required.
Upon being granted the floor, Councilor Maldonado stated the posting of a “for
sale” sign on the property appears to have provided sufficient notice as it got the attention
of Mr. Vasquez and other.
Upon being granted the floor, Councilor Almonte stated that the issue is about the
quality of life in the neighborhood and public safety.
Upon being granted the floor, Councilor Rivera commented that issues related to
the sale of real property at many locations appear to pose some difficulties but the sale of
real property raises revenue for the City and generates taxes.
Council President Moran informed the Council Members that the sale of City
Owned property potentially may generate approximately 4.2 million dollars in revenue.
Upon being granted the floor, Councilor Twomey posed questions to Land Use
Planner Daniel McCarthy about “Yard Sale” property and sale requirements. Land Use
Planner McCarthy explained that the “Yard Sale” program is intended to target the sale of
property to abutters who own contiguous property. He stated that the proposed transfer
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in this case does not involve any bidder who owns contiguous property because none of
the abutters offered a bid to purchase the property.
Councilor Twomey posed additional questions to Economic Development
Director Blanchette regarding the composition of other homes and lots in the
neighborhood. Director Blanchette explained that the proposed construction is consistent
with the character of other homes constructed in the neighborhood.
Upon being granted the floor, Councilor Laplante asked Mr. Vasquez about the
“for sale” sign and whether there is was a telephone number on the sign. Mr. Vasquez
stated that he could not recall if there was a telephone number on the sign. After a brief
discussion regarding this matter between Councilor Laplante and Mr. Vasquez, Councilor
Laplante suggested the notice of the sale appears to have sufficiently provided notice to
the neighbors living in the area and that interested individuals should have contacted the
City representatives at the phone number provided.
Upon being granted the floor, Councilor Almonte stated that even if Mr. Vasquez
contacted the Planning Office that he didn’t have the ability to advance the minimum bid
required by the request for bid. She emphasized that the issue presented concerns the
“quality of life” in the neighborhood who do not support the proposed award and
expected construction. She stated that she must support her constituents regarding this
matter.
Upon being granted the floor, Councilor Bernal suggested that interested abutters
must take personal responsibility and that the requirements of the award appear to have
been met. Councilor Bernal posed questions to Director Blanchette about the availability
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of Planning Office personnel during the request for bid process and issues related to
parking required by the City Zoning Ordinances. Director Blanchette informed the
Council Members that the Mr. Richard Burke is and has been the most recent contact
person in the Planning Office regarding the sale of City property and that all personnel
would direct any inquiry to his attention. He stated that the parking requirements for the
proposed construction appear to be met pursuant to the current Zoning Ordinance.
Upon no further discussion, comment or inquiry offered by the Council Members
present, Council President Moran called upon the Members present to consider the matter
presented. Upon a motion to approve the measure presented by Councilor Laplante, as
seconded by Councilor Rivera, the Council Members present voted as follows to approve
the disposition of City owned property located at 17-19 Pleasant Street by transfer of title
to George Daher in the amount of $36,000 with conditions. Yes-6; No-3
Councilor Aquino - Yes
Councilor Almonte - No
Councilor Twomey - No
Councilor Laplante - Yes
Councilor Rivera - Yes
Councilor Bernal - Yes
Councilor Maldonado - Yes
Council Vice President Silva - No
Council President Moran - Yes
Doc.198/08: Disposition – 67-75 South Union Street – (Map 82, Lot 47) – Hous.
Comt. – Approved
report from the Housing Committee recommending the Council Members approve the
disposition of 67-75 South Union Street by transferring title of the City owned property
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to Nadira Realty [Pronto Pizza] in the amount of $30,500.00 with conditions and Deed
restrictions. The report was presented in the form of a motion seconded by Councilor
Almonte and the Council Members present voted unanimously [8-0] to approve the
disposition of 67-75 South Union Street to Nadira Realty. [Councilor Almonte being
absent from the Council Chamber at the time of the vote].
Doc.198/08: Approved
Doc. 293/08: Disposition – 13-15 Haverhill Street – (Map 88, Lot 96) – Hous. Comt
– Approved
disposition of 13-15 Haverhill Street by transferring title of the City owned property to
the Greater Lawrence Family Health Center in the amount of $50,200.00 with conditions
and deed restrictions. The report was presented in the form of a motion and seconded by
Councilor Aquino.
Upon being granted the floor, Council Vice President Silva posed questions about
the tax exempt status of the Greater Lawrence Family Health Center.
Upon being granted the floor, Councilor Laplante suggested that although the
Greater Lawrence Family Health Center is tax exempt they will be providing
approximately 40 years of payments to the City of Lawrence to acquire the property and
emphasized that the financial terms of the purchase appear favorable to the City of
Lawrence when the assessed value is compared to the sale price subject to the proposed
award. Councilor Laplante also noted that the use restriction required the property to be
used for parking which would limit any future development of the site.
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Council Vice President Silva stated that awarding the City would be in a better off
receiving tax payments from an individual owner. She suggested the lot size would
likely attract a proposal to construct a larger building resulting in the necessity of more
City services to the site and more revenue to the City of Lawrence.
Upon being granted the floor, Councilor Rivera stated that the proposed bidder
has a number of employees at the building across the street from this site who need
parking in order to remain in business. He stated that if the employees cannot be
reasonably accommodated the Greater Lawrence Family Health Center may have to
relocate some place other than Lawrence. He stated that result would adversely affect the
City of Lawrence.
Council Vice President Silva commented that she believes there is plenty of
parking available to the proposed bidder.
Upon being granted the floor, Councilor Maldonado stated that the bidder
provides a valuable service to the Lawrence Community and that parking is needed to
continue in service.
Upon being recognized, Land Use Planner Dan McCarthy informed the Council
Members that any site development is subject to the jurisdiction of the Conservation
Commission because there is a water table near the land.
Upon being granted the floor, Councilor Laplante discussed the proposed use and
bid submitted commenting that it is appropriate for the location.
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seconded by Councilor Aquino, the Council Members present voted as follows to
approve the disposition of City owned property located at 13-15 Haverhill Street by
transfer of title to the Greater Lawrence Family Health Center in the amount of $50,200.
with deed restrictions and conditions. Yes-7; No-2
Councilor Laplante -Yes
Councilor Twomey - Yes
Council President Moran Yes
Doc. 294/08: Disposition – 37 Haverhill Street – (Map 88, Lot 94) – Hous. Comt. –
Approved
disposition of 37 Haverhill Street by transferring title of the City owned property to Mr.
Juan Santos in the amount of $10,100.00 with deed restrictions and conditions. The
report was presented in the form of a motion seconded by Councilor Bernal and the
Council Members present voted unanimously [9-0] to approve the disposition of 37
Haverhill Street to Mr. Juan Santos as presented.
Doc. 300/08: Disposition – 50 Pleasant Street – (Map 50, Lot 23) – Hous. Comt. –
Approved
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disposition of 50 Pleasant Street by transferring title of the City owned property to the
Lawrence Training School in the amount of $200,300.00 with deed restrictions and
conditions. The report was presented in the form of a motion and seconded by Councilor
Rivera.
Council President Moran asked about the nature of business of the recommended
bidder. Economic Development Director Patrick Blanchette informed the Council
Members that the recommended bidder performs educational and social services to
individuals. He stated that the Lawrence Training School intends to use the building [the
former Storrow School] for classrooms which is consistent with its past and current use.
Upon being granted the floor, Councilor Almonte stated she supports the proposal
for use by the prospective purchaser as it will provide not only occupancy but consistent
stability to the neighborhood.
Upon being granted the floor, Councilor Maldonado asked Economic
Development Director Blanchette about coordinating the use and transfer of the property
to the bidder. Director Blanchette informed the Council Members that the current use as
classrooms for the displaced Guilmette School students will be accommodated by the
recommended bidder if approved.
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seconded by Councilor Rivera, the Council Members present unanimously [9-0] voted to
approve the disposition of City owned property located at 50 Pleasant Street by transfer
of title to the Lawrence Training School in the amount of $200,300 with deed restrictions
and conditions.
Doc. 50/09: Disposition – 2 Butler Street – (Map 188, Lot 86) – Hous. Comt.Approved
Doc. 51/09: Disposition – 4-6 Butler Street – (Map 188, Lot 87) – Hous. Comt. –
Approved
disposition of 2 Butler Street and 4-6 Butler Street [as a combined transaction]
transferring the title of these City owned properties to Charles Hope Construction in the
amount of $15,001.00 with deed restrictions and conditions. The report was presented in
the form of a motion which was seconded by Councilor Aquino and unanimously
approved by the Council Members present [9-0] .
Doc. 50/09 & 51/09: Approved
Doc. 53/09: Disposition – 37-39 Butler Street – (Map 187, Lot 36) – Hous. Comt. –
Approved
At the request of Council President Moran, Councilor Laplante presented the report
from the Housing Committee recommending the Council Members approve the
disposition of 37-39 Butler Street by transferring the title of the City owned property to
Daher Construction in the amount of $27,100.00 with conditions. The report was
presented in the form of a motion and seconded by Councilor Bernal.
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Upon being granted the floor, Council Vice President Silva stated that she would like
to reconsider her vote on Doc. 50/09 and 51/09. She explained that representatives of
Bread and Roses were not afforded an opportunity to present themselves and she believed
they wanted to afforded the opportunity to be heard on this matter. A discussion
regarding the bids submitted on these and other properties ensued between Council Vice
President Silva, Councilor Laplante and Economic Development Director Blanchette
regarding the property the Bread and Roses organization was being recommended for
approval of its bid. Council Vice President Silva yielded the floor on the matter upon the
information provided and affirmed her prior vote on Doc. 50/10 and 51/10.
Council President Moran then called upon the Council Members to consider the
item currently before them [Doc. 53/10] and resumed proceedings.
seconded by Councilor Bernal, the Council Members present unanimously [9-0] voted to
approve the disposition of City owned property located at 37-39 Butler Street by transfer
of title to Daher Construction in the amount of $27,100. with conditions.
Doc. 54/09: Disposition – Butler Street – (Map 188, Lot 93) – Hous. Comt. –
Approved
disposition of Butler Street [Map 188, Lot 93] by transferring the title of the City owned
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property to Bread and Roses in the amount of $15,000.00 with conditions. The report
was presented in the form of a motion seconded by Councilor Rivera and the Council
Members present voted unanimously [9-0] to approve the disposition of Butler Street
[Map 188, Lot 93] to Bread & Roses in the amount of $15,000.00.
Doc. 208/10: Disposition – 12-14 Wilmot Street – (Map 109, Lot 1) – Hous. Comt. –
Approved
from the Housing Committee recommending the Council Members approve the
disposition of 12-14 Wilmot Street by transferring the title of the City owned property to
Alberto Nunez in the amount of $10,000.00 with deed restrictions and conditions. The
report was presented in the form of a motion and seconded by Councilor Almonte.
Upon being granted the floor, Council Vice President Silva commented that sale of
the real estate is long overdue and will benefit the neighborhood.
seconded by Councilor Almonte, the Council Members present unanimously [9-0] voted
to approve the disposition of City owned property located at 12-14 Wilmot Street by
transfer of title to Alberto Nunez in the amount of $10,000.00 with deed restrictions and
conditions.
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Doc. 380/10: Acceptance of Easement – 50 Island Street (Union Crossing) – Hous.
Comt. – Approved
report from the Housing Committee in the form of a motion to approve the item
presented. The report was seconded by Councilor Rivera and the Council Members
present voted unanimously [9-0] to approve the Acceptance of Easement – 50 Island
Street (Union Crossing)
Councilor Almonte presented a motion to take document 405/10 out of the order
appearing on the agenda. The motion was seconded by Councilor Rivera and
Doc. 405/10: Disposition – 152-154 Bailey Street – (Map 82, Lot 7) – Hous. Comt. –
Approved
disposition of 152-154 Bailey Street [Map 82, Lot 7] by transferring the title of the City
owned property to Benigno Espaillat in the amount of $23,000.00, with deed restrictions
and conditions. The report was presented in the form of a motion seconded by Councilor
Aquino and the Council Members present voted unanimously [9-0] to approve the
disposition of 152-154 Bailey Street to Benigno Espaillat in the amount of $23,000.00
with deed restrictions and conditions.
Doc. 381/10: Overnight Resident Sticker Parking – from 6:00 p.m.-7:00 a.m. –
Ordinance to be amended – Ord. Comt.- Public Hearing Ordered
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At the request of Council President Moran, Councilor Bernal presented the report
of the Ordinance Committee to order a public hearing on the measure presented. The
report was presented in the form of a motion to order a public hearing on the measure,
seconded by Councilor Rivera and unanimously ordered to a public hearing by the
Council members present [9-0].
Doc. 381/10: Public Hearing ordered
Doc. 213/10: Home Rule Petition – Exempting position of Fire Chief from Civil
Service – Ord. Comt. & Public Hearing ordered
report was presented in the form of a motion and seconded by Councilor Aquino.
Upon being granted the floor, Council Vice President Silva inquired about the
Ordinance Committee proceedings on the matter.
Upon no further comments, discussion or inquiry by the Council Members
present, Council President Moran called the motion to the attention of the Council
Members. Upon vote of the Council Members present, the measure was ordered to a
public hearing by the following vote of the City Council Members: Yes-8; No-1
Councilor Almonte - Yes
Councilor Rivera -Yes
Councilor Bernal -Ye
Councilor Maldonado -Yes
Council President Moran -Yes
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Doc. 390/10: Replica Wall – Siting and Construction on City property – (Map 125,
Lot 28) – Hous. Comt. – Withdrawn
Council President Moran granted Councilor Laplante the floor for the purpose of
presenting matters before the Housing Committee. Councilor Laplante moved to
withdraw the item from the Agenda informing the Council Members that the property
subject to the petition was not City Owned property and not subject to the jurisdiction of
the City Council. The motion was seconded by Councilor Rivera and Council Members
present voted unanimously [9-0] to withdraw the matter from the City Council Agenda.
Doc. 390/10: Withdrawn
Doc. 343/10: Parking - Spruce Street – review – Ord. Comt. & Public Hearing
ordered
report was presented in the form of a motion to order a public hearing. The motion was
seconded by Councilor Aquino and the Council Members present voted unanimously to
order a public hearing on the measure presented [9-0].
Doc. 372/10: Handicapped Parking – 310 Salem Street – Ord. Comt. & Public
Hearing ordered
30
Doc. 373/10: Parking – 379 Hampshire Street – Ord. Comt. & Public Hearing
ordered
seconded by Councilor Almonte and the Council Members present voted unanimously to
Doc. 374/10: Handicapped Parking – 2 Allston Street – Ord. Comt. & Public
Hearing ordered
seconded by Councilor Almonte and the Council Members present voted unanimously to
Doc. 389/10: Handicapped Parking – 181 West Street – Ord. Comt. & Public
Hearing ordered
31
Doc. 411/10: Taxi and Livery – renewals – J.C. Transp., Liberty Car Serv., United
Exp., Popular Yellow LLC, Merrimack Transportation, American Taxicabs and
Villa Jaragua – Ord. Comt. - Approved
from the Ordinance Committee in the form of a motion to approve Taxi and Livery –
renewals – J.C. Transp., Liberty Car Serv., United Exp., Popular Yellow LLC,
Merrimack Transportation, American Taxicabs, and Villa Jaragua taxi companies. The
motion was seconded by Councilor Rivera and unanimously [9-0] approved by Council
Members present.
[Councilor Twomey absented himself from the Council Meeting at 9:52 p.m.]
Doc. 411A/10: Taxi and Livery – renewal – Medical Transportation dba Diamond –
Ord. Comt. – Approved
of the Ordinance Committee to accept the measure presented. The report was presented in
the form of a motion, seconded by Councilor Rivera and unanimously approved by the
Council Members present [9-0].
[Councilor Almonte presented a motion to conduct City Council business past 10:00
p.m. which was duly seconded by Councilor Rivera and unanimously approved by
the Council Members present]
Upon being granted the floor, Council Vice President Silva generally inquired
about possibly creating a central taxi parking location and asked if the Ordinance
32
Committee could investigate the matter with Deputy Chief of Police Melix Bonilla.
Councilor Bernal stated that she would look into the matter.
Members. Upon vote of the Council Members present unanimously [8-0] approved item
as presented.
Doc. 411A/10: Approved
Doc. 411B/10: Taxi and Livery – renewal – Alex Via Transportation –
Ord. Comt.- Approved
of the Ordinance Committee to accept the measure presented. The report was presented in
the form of a motion, seconded by Councilor Almonte and unanimously approved by the
Upon being recognized, Councilor Bernal presented a motion to approve the
measure. The motion was seconded by Councilor Aquino and the Council Members
present voted unanimously [8-0] to approve the renewal for Alex Via Transportation.
Doc. 411B/10: Approved
Doc. 387/10: Tax Incentive Program Review – Budget and Finance Comt. –
Withdrawn
Upon being granted the floor, Councilor Rivera commended Councilor Laplante for
the diligent work to complete the real property dispositions approved by the Council
Members during the present meeting. The Council Members concurred.
33
Councilor Rivera reported on the item and presented the Council Members with
information concerning the use of Tax Incentive Programs [TIF’s] as a positive financial
program in the City of Lawrence. He stated that the City of Lawrence has benefited form
TIF programs in the past and he anticipates that future benefits would result by continued
TIF applications.
Upon no further discussion, comment or inquiry, Councilor Rivera presented a
motion to withdraw the measure from the Council Agenda. The motion was seconded by
Council Vice President Silva and the Council Members present unanimously [8-0] voted
to withdraw the item from the Agenda.
VII. WITHDRAWALS:
Doc. 319/10: Parking – Woodland Street – winter parking (No Parking Sign) – Ord.
Comt. – Withdrawn
Council President Moran granted Councilor Bernal the floor for the purpose of
presenting matters concerning the withdrawal of pending matters before the Ordinance
Committee. The motion was seconded by Councilor Almonte and Council Members
present voted unanimously [8-0] to withdraw the matter from the City Council Agenda.
VIII. OLD BUSINESS: - None
IX. TABLED MATTERS:
The following items remained “tabled” without further action:
22/10: New Automated Trash Collection and Allied Waste Services contract
update – to be discussed – Counc. Rivera
34
287/10: Merrimack Paper Mill-Chief of Staff Leonard Degnan to provide status on
this property and update on back taxes
323/10: City Election’s Equipment, Staffing and Processes – overview and report
351/10: Police – update
370/10: Guilmette School Building – status
X. NEW BUSINESS:
Council President Moran brought the matters listed below to the attention of the
Council Members present and referred each to the Council Subcommittee as indicated:
Doc. 1/11: Home Rule Petition – Laid Off Lawrence Police Officers – Counc.
Laplante – Ref. to Ord.
Doc. 3/11: Adult Zoning District – clarification and possible revision as established
in the City’s Zoning By-Laws – Councs. Bernal, Rivera and Laplante –
Ref. to Ord.
Doc. 4/11: Owner Occupied Residential Real Estate – proposed creation of tax tier
– Counc. Bernal – Ref. to Ord.
Doc. 5/11: Property Tax Issue – review City Ordinances to close loop-hole – Counc.
Bernal – Ref. to Ord.
XI. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Rivera, the Council
Members present voted unanimously to Adjourn.
ADJOURNED
(10:10p.m.)
Attest:
William J. Maloney
City Clerk
35
DATE: Thursday, January 20, 2011
A REGULAR MEETING of the City Council was held on Thursday, January 20,
2011 at 7: 07 p.m. in the City Council Chamber with all Members present except for
Councilor Twomey. [NB: The City Council Meeting held on this date was originally
scheduled for Tuesday, January 18, 2011 and rescheduled due poor weather conditions].
of City Council Meetings conducted January 4, 2011 were submitted by the City Clerk
Upon the motion of Councilor Rivera to accept the minutes as presented duly
to accept the minutes.
participation to present them-selves and address the City Council. Upon the invitation of
Homayoun Maali, 53 Chester Street, Lawrence, MA, spoke of the importance of
hiring Firefighters and Public Safety personnel.
36
[Thursday, January 20, 2011]
Richard Russell, 34 Cross Street, Lawrence, MA, stated that the Council represents
the people who elect them and not other elected members of the City of Lawrence.
Domingo Melendez, 112 Marston Street, Lawrence, MA, spoke against the petition to
terminate the civil service requirement for the Lawrence Fire Chief’s position.
Alan Andrews, 90 Lowell Street, President of the Patrolmen’s Association, spoke in
support of a Home Rule Petition that would allow police officers who are retired or laidoff to work police details.
Richard Blatchford, 3 Harrison Street, Lawrence, MA, stated that recent snow
removal in the City of Lawrence was inadequate. He suggested hiring a more
experienced Public Works Director is necessary to remove snow in the City.
Moises Fernandez, 487 Haverhill, Street, Lawrence, MA, stated that Acting Fire
Chief Murphy is not performing his duties well enough to continue in the position. He
cited several incidents of poor fire safety in emergency situations.
Mark Rivet, retired police officer, spoke in support of hiring laid-off and retired
police officers to perform police details.
Michelle Richardson, a resident of Lawrence, stated her support of hiring retired and
laid-off police officers to perform police detail.
Doc. 213/10: Home Rule Petition – Exempting position of Fire Chief from Civil
Service – Hearing held – Approved
37
Council Members.
Patrick Driscoll, 60 Rollins Street, Lawrence, MA stated that he was pleased with
the recent award of $6.6 million in grant money to the City of Lawrence which will be
used to reinstate laid-off Firefighters. He stated his opposition to the proposed home rule
petition to remove the civil service requirements from the Lawrence Fire Chief’s
position.
Homayoun Maali, 53 Chester Street, Lawrence, MA, spoke against removal the
civil service provisions from the position of Lawrence Fire Chief and stated that civil
service acts as a buffer to keep politics out of the selection process which, in turn, allows
the Fire Chief to focus on “public safety” rather than trying to please the hiring authority.
Dick Russell, 34 Cross Street, Lawrence, MA, spoke in support of Acting Fire
Chief Brian Murphy and stated that he should remain as the Lawrence Fire Chief.
Dick Blatchford, 3 Harrison Street, Lawrence, MA spoke in opposition of
removing the civil service requirements from the Lawrence Fire Chief’s position.
Alfonso Garcia, 59 Eutaw Street, Lawrence, MA spoke in support of removing
the Fire Chief’s position its civil service status.
Moises Fernandez, 487 Haverhill Street, Lawrence, MA stated that the firefighters
responding in “mutual aid” at recent fires in Lawrence were unnecessary. He stated that
be believed that Acting Chief Murphy purposely call for “mutual aid” from surrounding
38
community Fire Departments in order to make it appear that the Lawrence Fire
Department could not sufficiently provide fire response.
Juan Gonzalez, 5 Bennington Street, Lawrence, MA, stated that he supports
Acting Chief Murphy and opposes the home rule petition to remove the civil service
requirements for the Lawrence Fire Chief position. He urged the Council Members to
defeat the measure calling for the removal of the civil service requirements being
presented this evening.
Acting Fire Chief Brian Murphy, 59 Booth Rd., Methuen, MA recounted the Civil
Service history and Fire Chiefs serving as chief over the past 71 years and urged the
Council Members to defeat the home rule petition proposing the removal of the civil
service requirements established for the Lawrence Fire Chief. He concluded by
informing the Mayor and the Council Members that he will tender his resignation as
Acting Fire Chief effective in thirty days.
Mayor Lantigua, 200 Common St., Lawrence, MA, spoke in support of the
petition to remove the civil service provisions and requirements that apply to the
Lawrence Fire Chief position. He presented supportive documentation to the Council
Members and informed the Council Members that 289 of the 351 communities in the
Commonwealth of Massachusetts do not require civil service status for their Fire Chiefs.
He stated that the removal of civil service provisions for the Lawrence Fire Chief will
allow the City Council Members to act on behalf of the people of Lawrence who voted
for them to act as their representatives. He stated that the resulting process requiring City
Council approval will result in a better selection of the Fire Chief for the City of
39
Lawrence. He urged the Council Members to approve the proposed home rule petition
for the removal of the applicable civil service provisions currently required for the
Lawrence Fire Chief position.
Upon no further discussion or comment offered by anyone present, Council
President Moran closed the public comment portion of the proceedings and called upon
the Council Members present to offer comment or discussion.
Upon being granted the floor, Councilor Rivera presented a motion to approve the
measure as seconded by Councilor Aquino.
Upon being granted the floor, Councilor Bernal presented a motion to limit
discussion for each Council Member to ten minutes. The motion was seconded by
Councilor Laplante and the Council Members present voted unanimously [7-0] to
approve the ten minute limit. [Council Almonte was absent from the Council Chamber
when the call for a vote was presented].
Upon being granted the floor, Councilor Rivera stated that his support of the
measure does not diminish support for the Lawrence Fire Department. He stated his
support of the petition is a means to improve the quality of service to be provided by the
Lawrence Fire Department.
Upon being granted the floor, Councilor Maldonado stated that a skillful
department Manager has the ability to represent the interest of the tax payer in the
management of the department. He suggested that removal of the civil service provisions
from the Fire Chief position will help the City of Lawrence secure a Fire Chief who will
be better able to manage the Lawrence Fire Department.
40
Upon being granted the floor, Council Vice President Silva spoke in support of
Acting Chief Murphy and stated that his work as Acting Fire Chief over the course of the
past year has been exemplary. She discussed the skill, training and experience that
Acting Chief Murphy brings to the position. Council Vice President Silva commented
that Lawrence has the best pubic safety personnel in service. She suggested that the “gag
order” placed upon Acting Fire Chief Murphy by Mayor Lantigua is not the best way to
address issues of concern regarding matters of public safety. Council Vice President
Silva stated that she opposes the home rule petition presented and that she is disappointed
that Acting Fire Chief Murphy has decided to resign.
Upon being granted the floor, Councilor Laplante discussed the decision rendered
in the case of Cambridge v. Civil Service Commission stating it espouses the value of
retaining civil service status for the position of Fire Chief in Lawrence. Councilor
Laplante stated that other positions that were removed from civil service requirements
were subject to greater political influence rather than greater qualification. He suggested
that the present situation will likely suffer the same result. He discussed the extensive
academic requirements a Massachusetts Fire Chief is required to master and referenced
the voluminous educational materials that the civil service bases its testing of each
candidate for Fire Chief in the Commonwealth of Massachusetts. He stated that the
testing process currently utilized and in place through the Civil Service Commission is
more than sufficient to assure that qualified candidates are presented for approval. He
also stated that the current civil service qualification process is not likely to be
sufficiently duplicated by any process independently adopted by the City of Lawrence.
41
He concluded by stating his support to retain the civil service status for the Lawrence Fire
Chief position.
Upon being granted the floor, Councilor Almonte stated that removal of the
position from civil service requirements does not mean that qualified individuals will not
apply for the position. She stated her disappointment that Acting Chief Murphy
presented his resignation as Acting Fire Chief and stated that she believed he should have
continued to fight to keep the position.
Upon being granted the floor, Councilor Bernal thanked the firefighters appearing
at the Council Meeting for the interest and professionalism. She stated that receipt of the
$6.6 million grant was a reflection of the hard work and efforts of those Lawrence
Firefighters involved with the application and submission process. Councilor Bernal
stated her support of the home rule petition and suggested that it does not diminish her
support for the Lawrence Firefighters. She stated that the removal of civil service
requirements from the Fire Chief position reflects a state wide trend and is not an issue
unique to the Lawrence community.
Upon being granted the floor, Councilor Rivera inquired about the position
requirements and whether they can include aspect similar to civil service requirements.
A discussion ensued among the Council Members regarding possible future requirements
applicable to the Lawrence Fire Chief position.
Upon being granted the floor, Councilor Almonte stated that she requires more
information about the future requirements of the position before she can decide whether
or not to dispose of the current civil service requirements.
42
Upon being granted the floor, Council Vice President Silva discussed issues
regarding development of a job description for the position. A discussion ensued
between Council President Moran and Councilor Almonte about adopting possible testing
requirements and qualifications.
Upon being granted the floor, Councilor Bernal commented that outside resources
are available to assist with preparing job descriptions and developing qualifications that
the will apply to future applicants for the Lawrence Fire Chief.
Members present to consider the matter presented. Upon a motion to approve the
measure presented by Councilor Rivera, as seconded by Councilor Aquino, the Council
Members present voted as follows to approve a home rule petition to exempt the position
of Lawrence Fire Chief from the civil service provision established by the General Laws
of the Commonwealth of Massachusetts. Yes- 6; No-2; Absent-1
Councilor Twomey - Absent
Councilor Laplante - No
Council President Moran – Yes
Doc. 213/10: Home Rule Petition-Approved
Doc. 343/10: Parking – Spruce Street – review – Hearing held - Approved
43
portion of the hearing and called upon the Members present to consider the matter
presented.
Doc. 372/10: Handicapped Parking – 310 Salem Street – Hearing held – Approved
Council Members.
44
approve the petition as presented.
Doc. 373/10: Parking – 379 Hampshire Street – Hearing held – Approved
presented.
45
approve the petition as presented. [Councilor Rivera being absent from the Council
Chamber at the time the matter was presented for a vote].
Doc. 374/10: Parking – 2 Allston Street – Hearing held – Approved
presented.
seconded by Councilor Maldonado, the Council Members present voted unanimously
[7-0] to approve the measure as presented. [Councilor Rivera being absent from the
Council Chamber at the time the matter was presented for a vote].
Doc. 389/10: Handicapped Parking – 181 West Street – Hearing held - Approved
46
presented.
seconded by Council Vice President Silva, the Council Members present voted
unanimously [8-0] to approve the measure as presented.
IV: Communication from Mayor, City Officials & City Attorney:
Doc. 17/11: Snow Plowing – Councilor Laplante – Ref. to Budget & Finance
Upon being granted the floor, Councilor Maldonado commented about the snow
removal in the City suggesting there can be improvements and discussed items suggested
by Acting Public Works Director John Isensee.
Council President Moran commented about the importance of public information
regarding proper parking during the winter ban.
47
Upon no further discussion, Council President Moran referred the measure to the
Budget & Finance Committee.
Doc. 17/11: Ref. to Budget and Finance Cmt.
Doc. 15/11: Municipal Guilmette School Funding – Free Cash transfer/discussions –
Mayor Lantigua – Ref. to Budget & Finance
Doc. 304/08: Disposition – Water Street Rear of 76 – (Tax Map #143, Lot 8) –
Hous. Cmt. – Approved
Doc. 285/08: Disposition– 85 Bay State Road – (Tax Map #143, Lot 1)
Hous. Comt.-Approved
report of the Housing Committee and moved that the Council Members accept the report
without a recommendation. The motion was seconded by Councilor Maldonado and the
Council Members present voted unanimously [7-0] to accept the report without a
recommendation. [Councilor Almonte being absent from the Council Chamber at the
time the matter was presented for a vote].
Upon being recognized, Councilor Laplante moved to withdraw the above
measures from consideration by the Council Members. Councilor Laplante stated if the
motion to withdraw is approved, it may cause future bids to be more specific in regard to
the proposed use and development of the location. The motion was seconded by Council
Vice President Silva and further discussion ensued.
48
Upon being granted the floor, Councilor Maldonado agreed that there was lack of
information concerning the prospective bidder’s proposed use of the property. He
suggested that the City will inure a benefit by approving the sale of the parcels and that
he believes that bidder being presented maintains a positive history of proven ability.
Upon being granted the floor, Councilor Rivera stated that some concerns remain
about certain zoning issues that will remain even if the dispositions are approved.
Upon being recognized, Economic Development Director Patrick Blanchette
addressed the Council Members suggesting that the current proposal be rejected as a
matter of course which will allow the Planning Department to accept new bids in an
entirely new process. He informed the Council Members that the prospective bidder was
the only responsive bidder and that an amount greater than the minimum bid was offered.
Upon being recognized, Councilor Laplante asked that his motion to withdraw the
measure from the Council Agenda be considered. Upon the request of Councilor
Laplante, Council President Moran presented the measure to the Council Members for
their consideration which was defeated as follows: Yes-1; No-6; Present-1; Absent-1
Council Vice President Silva - Present
Councilor Maldonado - No
Councilor Bernal - No
Councilor Rivera - No
Councilor Twomey -Absent
Councilor Aquino -No
Council President Moran – No
49
Upon being recognized, Councilor Maldonado presented a motion to approve the
transfer of title of the two parcels of real property located at Doc. 304/2008 - Water Street
– Rear of 76 (Map #143; Lot 8) and Doc. 285/2008 - 85 Bay State Road(Map #143;
Lot 1) to Roger Farah in the amount of $195,000.00. The motion was seconded by
Councilor Aquino and the Council Members present voted as follows to approve the
disposition as presented: Yes-6; No-1; Present-1; Absent-1
Councilor Almonte - Ye
Council Vice President Silva - Present
Doc. 304/08 and Doc. 285/08: Approved
Doc. 57/09: Disposition – 84 Dracut Street – (Tax Map #118, Lot 52) –
Hous. Cmt. - Approved
report of the Housing Committee for the approval of the transfer of title to real property
owned by the City of Lawrence located at 84 Dracut Street (Tax Map #118, Lot 52) to
Kevin Steele in the amount of $20,000.00 with conditions. The motion was seconded by
Councilor Maldonado and the Council Members present voted unanimously [8-0] to
approve the disposition of the real property as presented.
Doc. 349/10: Zoning Ordinance – 31-33 Garfield Street – Ord. Cmt –
Public Hearing ordered
50
report was presented in the form of a motion and seconded by Councilor Aquino.
Upon being granted the floor, Councilor Bernal commented that the proposed change
will impact the neighborhood and encouraged residents in the area to participate.
Upon being recognized, Councilor Maldonado concurred.
Upon no further inquiry, comment or discussion the Council Members present
voted unanimously [7-0] to order a public hearing on the measure. [Councilor Maldonado
being absent from the Council Chamber at the time the matter was presented for a vote].
Doc. 349/10: Public Hearing Ordered
Doc. 392/10: Handicapped Parking – 185 Newbury Street – Ord. Cmt.Public Hearing ordered
of the Ordinance Committee to order a public hearing on the measure. The report was
presented in the form of a motion to order a public hearing which was seconded by
Councilor Rivera and unanimously approved by the Council Members present. [7-0].
[Councilor Maldonado being absent from the Council Chamber at the time the matter was
presented for a vote].
Doc. 393/10: Parking – Prospect Court – no parking on both sides – Ord. Cmt. –
of the Ordinance Committee to order a public hearing on the measure. The report was
51
presented in the form of a motion to order a public hearing which was seconded by
Councilor Aquino and unanimously approved [8-0] by the Council Members present.
Upon being recognized, Councilor Bernal moved to have the following items
presented for consideration by the Council Members in “block form”. The motion was
seconded by Councilor Laplante and the Council Members voted unanimously [8-0] to
consider the following items in “block form”.
of the Ordinance Committee to order a public hearing on the following 5 measures. The
report was presented in the form of a motion to order a public hearing which was
seconded by Councilor Almonte and unanimously approved by the Council Members
present [8-0].
Doc. 406/10: Zoning Change – 31-33 East Haverhill Street – (Map 108, Lot 64, Map
121) –Ord. Cmt. & Public Hearing ordered
Doc. 407/10: Zoning Change – 19 Spruce Street – (Map 170, Lot 20) – Ord. Cmt. &
Doc. 408/10: Zoning Change – 5-57 Cross Street – (Map 168, Lots 74 & 75) – Ord.
Cmt. & Public Hearing ordered
Doc. 409/10: Zoning Change - 5-13 Giuffrida Place – (Map 110, Lot 64) – Ord. Cmt.
& Public Hearing ordered
Doc. 410/10: Zoning Change – 1-3 Howe Street – (Map 9, Lot 41A) – Ord. Cmt. &
Doc. 403/10: Appointment – Board of Registrars – Alfonso Garcia –
Pers. Comt. - Defeated
52
At the request of Council President Moran, Councilor Almonte presented the
report from the Personnel Committee in the form of a motion to approve the appointment
of Alfonso Garcia as a Member of the Lawrence Board of Registrars. The motion was
Upon being granted the floor, Councilor Rivera commented that he believes that
the candidate may have a conflict of interest due to his employment with the Lawrence
School Department. Councilor Rivera stated that he cannot support the recommendation
for that reason.
Upon being granted the floor, Councilor Laplante asked Economic Development
Director Patrick Blanchette if a list of candidates was provided to the Council Members.
Director Blanchette informed the Council Members that there was one additional
applicant [Martha Leavitt]. Director Blanchette stated that he believed there is no
conflict of interest with the recommended candidate because the candidate will not accept
the applicable stipend attendant to the position.
Upon continuing, Councilor Laplante stated that this was the first time he has
received the information about the other applicant for the position.
Upon being granted the floor, Councilor Maldonado stated although he believes
the candidate presented is more than qualified for the position, he will be unable to vote
for the approval of Mr. Garcia in order to assure the independence of Board Members.
Council President Moran stated that nothing prohibits the appointment of the
recommended applicant and that he believes that any requirement that is applied to
53
prohibit applicants that did not apply in the past is unfair to the applicant. He stated he
supports the applicant for the recommended position.
Members. Upon vote of the Council Members present, the motion to appoint Alfonso
Garcia to the Board of Registrars was defeated by the following vote of the Council
Members: Yes -3; No – 4; Absent – 2: [Council Vice President Silva being absent
from the Council Chamber at the time the matter was presented for a vote].
Council Vice President Silva - Absent
Doc. 403/10: Defeated
Doc. 404/10: Appointment – Planning Board – Ms. Alice Baker – Pers. Cmt.
Approved
At the request of Council President Moran, Councilor Almonte presented the
report of the Personnel Committee in the form of a motion recommending the approval of
the appointment of Alice Baker as a voting Members of the Planning Board. The motion
was seconded by Councilor Rivera.
Upon being granted the floor and upon the invitation of Councilor Laplante,
Economic Development Director Blanchette explained that there was one other applicant
54
for the position and clarified that Ms. Baker’s appointment was to fill a vacant position of
as a voting member which is due to expire on July 20, 2011. He stated that Ms. Baker is
presented an Associate Member of the Planning Board and that she will remain with the
Board in a more permanent capacity.
Members. Upon vote of the Council Members present, the motion to appoint Ms. Alice
Baker to the Planning Board was unanimously [7-0] voted upon. [Council Vice President
Silva being absent from the Council Chamber at the time the matter was presented for a
vote].
VII. WITHDRAWALS:
Doc. 217/10: City Council Files – Ord. Cmt- Withdrawn
Upon being granted the floor, Councilor Bernal stated that the Ordinance
Committee recommends the item be withdrawn from the Council Agenda. The motion
was seconded by Councilor Maldonado and unanimously approved by the Council
Members present [7-0] . [Council Vice President Silva being absent from the Council
Chamber at the time the matter was presented for a vote].
[Councilor Almonte presented a motion to conduct Council business past 10:00 p.m.
which was duly seconded by Councilor Rivera and unanimously approved by the
Council Members present]
Doc. 241/10: Transient Vendor License – Ms. Olga Jimenez –
Ord. Cmt. – Withdrawn
55
was seconded by Councilor Aquino and unanimously approved by the Council Members
present [7-0]. [Council Vice President Silva being absent from the Council Chamber at
the time the matter was presented for a vote].
Doc. 283/10: Building Commissioner’s position – Ord. Cmt. – Withdrawn
was seconded by Councilor Almonte and unanimously approved by Council Members
present.
Doc. 309/10: Stop Sign – Foster Street & Salem Street – Ord. Comt.- Withdrawn
was seconded by Councilor Almonte and unanimously approved by Council Members
present.
VIII. OLD BUSINESS:
Doc. 380/10: Acceptance of Easement – 50 Island Street (Union Street Crossing) –
rescind prior vote – Public Hearing ordered
Council President Moran informed the Council Members present that the measure
presented was approved in error by vote of the Council at the Council Meeting held on
56
January 4, 2011. He stated that Community Development Director James Barnes and
City Attorney Charles Boddy indicated that a public hearing was required before the City
Council Members could approve the proposed easements subject to the petition. Based
on that information, Council President Moran asked the Council Members to take
appropriate action on the measure presented that will assist in the approval process.
Upon being granted the floor, Councilor Almonte presented a motion tor rescind
the approval vote of Council entered on January 4, 2011 and to order a public hearing on
the measure as required. The motion was seconded by Councilor Maldonado and the
Council Members present voted unanimously [8-0] to approve the motion as presented.
Doc. 380/10: Prior Vote Rescinded and Public Hearing Ordered
IX. TABLED MATTERS:
22/10: New Automated Trash Collection and Allied Waste Services contract update –
to be discussed – Counc. Rivera
287/10: Merrimack Paper Mill-Chief of Staff Leonard Degnan to provide status on this
property and update on back taxes
X. NEW BUSINESS:
57
6/11:
7/11:
8/11:
9/11:
10/11:
11/11:
12/11:
14/11:
16/11:
Dedication Plaque – 6 Bolis Brothers – who served in WW II (location to be
determined) – Counc. Twomey – Ref. to Ord.
Fast Food Establishments – ordinance requiring to provide trash receptacles on
property – Counc. Twomey – Ref. to Ord.
Transient Vendor License – Johanny Gomez – 20 Loring Street, Lawrence, MA
–Ref. to Ord.
Handicapped Parking – 129 Willow Street – Atty. Matthew A. Caffrey – Ref. to
Ord.
Parking – Hernandez Market – 47 Loring Street – a 10-20 minute parking –
Eusebio Hernandez – Ref. to Ord.
Transient Vendor License – Rafael Gonzalez – 48 Brook Street, Lawrence, MA –
Ref. to Ord.
Appointment – Budget and Finance Director – confirmation – Mayor Lantigua –
Ref. to Pers.
Municipal Tax Amnesty Program – Acceptance of MGL Chapter 188, Sec. 68 of
the Acts of 2010 – Mayor Lantigua – Ref. to Ord.
Spruce and Tenney Streets – traffic modification at the Arlington School –
Counc. Maldonado – Ref. to Ord.
XI. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Rivera, the Council
ADJOURNED
(10:05p.m.)
Attest:
William J. Maloney
City Clerk
58
DATE: Tuesday, February 15, 2011
A REGULAR MEETING of the City Council was held on Tuesday, February 15,
Approximately Thirty-seven [37] persons were present.
of City Council Meetings conducted January 20, 2011 were submitted by the City Clerk
unanimously [9-0] to accept the minutes.
Lydia Rivera, 69 Tenney Street, Lawrence, MA, stated her concern about the poor
condition of the City streets caused by the recent snow fall. She stated that snow plows
were blocking her driveway by putting snow from the street in front of its entrance and
the huge snow banks are impossible to shovel out.
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[Tuesday, February 15, 2011]
Eugenia Rodus, 68 Hancock Street, Lawrence, MA, stated that the snow plows are
placing snow on sidewalks and driveways making it difficult to shovel out and asked the
Council Members if they could communicate her concerns to the snow plow operators.
Carmen Polanco, 71 Exchange Street, Lawrence, MA, suggested that the City should
remove the snow from the sidewalks and streets to an empty lot and alternate side street
parking should be implemented throughout the City to assure public safety vehicle
access.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke in favor of the proposal to
make Hamlet Street a one way street during dismissal of Frost School students.
Chally Ramos, 105 Bailey Street, Lawrence, MA, stated that the approach to the City
Budget has not changed or improved with the present Administration and Council. He
suggested that the City adopt a Comprehensive Financial Report approach to draft future
budget.
George Herman, 10 Cambridge Street, Lawrence, MA, deferred his time to speak at
the public hearing on the item of his interest.
Richard Russell, 34 Cross Street, Lawrence, MA, stated that he does not believe the
Mayor actually spends 95% of his time in City Hall. He stated that he does not agree with
the removal of the Fire Chief position from civil service status.
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Freddy Pena, 26 Cedar Street. Lawrence, MA, expressed concern about the change of
the zoning designation for 55-57 Cross Street being considered by the Council. He also
stated that the snow removal in Lawrence has not been adequate.
Maria Martinez, 53 Cross Street, Lawrence, MA, stated that the vacant property near
her property is a problem.
Mrs. Roland Tardiff, 31 Willow Street, Lawrence, MA, deferred her time to speak at
the public hearing on the item of her interest.
Mark Gray, 17 Groton Street, Lawrence, MA, discussed the recent vacancy in the
District C Lawrence School Committee position and suggested that the City Council keep
politics out of the selection process as much as possible.
Doc. 349/10: Zoning Ordinance Amendment– 31-33 Garfield Street –
Hearing held - Defeated
Council Members.
George Herman, 10 Cambridge Street, Lawrence, MA, spoke in opposition of the
proposed change in the zoning designation presented in the petition.
Maria Polanco, 6 Dorchester Street, Lawrence, MA, stated she opposed the proposed
change of the zoning designation as presented in the petition.
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Michael Pelletier, 61 Broadway, Haverhill, MA, informed the Council Members that
he is the owner of the property at 31-33 Garfield Street, Lawrence, MA and identified
himself as the individual filing the petition under consideration. He urged the Council
Members to approve the petition for the change zoning designation as presented. He
displayed pictures of the newly constructed buildings for the Council Members and
handed out copies of a plan submitted in support of the petition.
Upon being granted the floor, Councilor Bernal posed questions to Mr. Herman
regarding the proposed plan presented by Mr. Pelletier.
Upon conclusion of Councilor Bernal’s inquiry, Council President Moran closed the
public hearing portion of the proceedings and opened the floor for discussion.
Upon being recognized, Councilor Bernal presented a motion to approve the item as
presented. The motion was seconded by Councilor Almonte. Councilor Bernal discussed
and explained the proceedings before the Ordinance Committee regarding the item
presented.
Council President Moran asked those in attendance in the Council Chamber to
identify themselves if they have an interest in the proposed measure. Ricardo Cruz, 11
Cambridge Street, Lawrence, MA, stated that he was an abutter to the property and that
he is in favor of the item presented. [Other individuals also indicated they had an interest
in the item presented as well].
Upon continuing, Councilor Bernal posed questions to Mr. Pelletier regarding
ownership and maintenance of the property subject to the petition.
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Upon being recognized, Councilor Laplante read a letter sent by Mr. Basco Kwon [an
owner/abutter to the property subject to the petition] stating his opposition to the petition.
Councilor Laplante stated that he has serious concerns that the residential character of the
area would be adversely impacted if the petition were allowed.
Upon being granted the floor, Councilor Twomey discussed the fact that the building
that was razed to build the new structure on the property site was within the jurisdiction
of the Lawrence Historical Commission by never presented for demolition prior to being
taken down. He stated that he would not be voting in favor of the petition.
Upon being recognized, Councilor Maldonado posed questions to Mr. Pelletier about
the response of neighbors of the property – Mr. Pelletier stated that none of the neighbors
opposed the construction or the petition presented. Upon concluding his inquiry,
Councilor Maldonado stated that there is an inconsistency between the desire to expand
commercial enterprise and the actions taken to limit those making efforts to bring
commercial enterprise to the City of Lawrence. He commented that the interrelationship
between commercial property owners and their neighbors be productive.
Upon being granted the floor, Council Vice President Silva expressed concern that
construction of the new commercial buildings on the site were built without a required
variance or permit. She stated that property owners are required to obtain the necessary
permits and approvals for any construction before commencing construction. State stated
that she does not support the petition presented.
Councilor Bernal suggested that the measure be tabled in order and forward the
matter to the City Attorney in order to draft a restrictive covenant to be recorded with the
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deed in order to assure that future owners will not use the property for purposes that do
not conform with the use being proposed by the current owner.
Council President Moran stated that a restriction could be required of the owner by
way of a motion for such a covenant then approved by vote of the Council Members. In
that way it could be placed on the title deed to the property and recorded.
Council Vice President Silva stated that it may be difficult to monitor and police the
terms of a restrictive covenant through the future use of the property if that course of
action were taken. In response, Council President Moran stated that enforcement is a
function of the Inspectional Services Office and it is incumbent upon that office to make
sure the requirements of any condition are met. Council President Moran stated that any
further delay on the matter presented will be of no benefit to anyone concerned and that
definitive action by the Council should be taken. He indicated that the measure has been
pending since October 2010 and there has been sufficient time and opportunity for
abutters to register their objections, if any.
Upon being recognized, Councilor Rivera indicated that he is not please in the
manner which the petition has proceeded and that he could not support the petition.
Upon being recognized, Councilor Maldonado provided Mr. Herman [an abutter to
the property who spoke earlier in the proceedings] with a copy of the proposed
restrictions that may be appended to the motion to approve and asked Mr. Herman if the
restrictions satisfy his stated concerns. Mr. Herman responded that he still has concerns
even if the proposed restrictions were required to be place against the property.
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Upon being granted the floor, Councilor Laplante [after reading the Zoning
Ordinance definition of I-2 zoning designation from the Municipal Code] informed the
City Council that an “Industrial” [I-2] zoning designation is the broadest zoning
designation that would permit commercial/industrial use of the land that could possibly
detract from the residential character of the neighborhood and ruin the intended use and
enjoyment of those living in that area. For this reason he stated that he could not support
the petition presented.
Upon no further discussion, comment or inquiry offered by the Council Members present,
Council President Moran called upon the Members to consider the matter presented.
Upon a motion to approve the measure presented by Councilor Bernal, as seconded by
Councilor Almonte, the Council Members present defeated the measure presented by the
following vote:. Yes-2; No-6; Absent-1 [Councilor Almonte being absent from the
Councilor Aquino – No
Councilor Almonte – Absent
Councilor Bernal – No
Doc. 349/10: Defeated
Doc. 380/10: Acceptance of Easement – 50 Island Street (Union Street Crossing) –
notice regarding the above as published. The City Clerk provided a brief legislative
65
history of the measure reminding the Council Members although the measure was
approved on January 4, 2011, the approval was a nullity because a public hearing and
notice of the same is required to convey or accept an easement. Upon the conclusion of
the Clerk’s reading of the public notice and information provided, Council President
Moran opened the public hearing portion of the proceedings and invited anyone who
wished to be heard to present themselves before the Council Members.
James Barnes, Community Development Director, addressed the Council Members
and explained the purpose of the proposed easement as it relates to a development project
at 50 Island Street. Director Barnes urged the Council Members to approve the proposed
easement as presented.
Maggie Superchurch of Groundworks Lawrence, provided the Council Members with
information concerning the proposed use of the land subject to the easements and asked
that the measure be approved.
Mary Young, a representative of the Lawrence Union Crossing project, spoke in
support of the proposed easement grant and asked the Council Members to approve the
measure as presented.
Becky Johanny, 3 Logan Street, Lawrence, MA, spoke in favor of the measure and
asked the Council Members to approve the item as presented.
66
Upon a motion to approve the measure presented by Councilor Rivera as seconded by
Council Vice President Silva, the Council Members voted unanimously
[9-0] to
approve the item as presented.
Doc. 392/10 Handicapped Parking – 185 Newbury Street
Council Members.
present to offer comment or discussion. Upon no discussion or comment offered by the
Council Members present, Council President Moran closed the discussion portion of the
hearing and called upon the Members present to consider the matter presented.
seconded by Councilor Twomey, the Council Members present voted unanimously
[9-0] to approve the measure as presented.
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Doc. 393/10: Parking – Prospect Court
no parking on both sides – Hearing held – Approved
Council Members.
seconded by Councilor Rivera, the Council Members present voted unanimously
Doc. 406/10: Zoning Change – 31-33 East Haverhill Street
(Map 108, Lot 64, Map 121) – Hearing held – Approved
Council Members.
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Susan Fink, 6 Rockwood Lane, Lawrence, MA, Community Development Office,
stated that the item presented also pertains to parcels of property referenced in
Docs. 407/10, 408/10, 409/10, and 410/10. She stated that all proposed zoning
amendments subject to each petition request the City Council to change the zoning
designation of each parcel from their current designation to “Open Space Recreational”
[OSR] to allow each parcel to be used in a manner that will accommodate a community
garden project being developed and financed through grant money and block grant
money. She provided information concerning the project developed by the Office of
Community Development with the cooperation of Groundwork Lawrence staff, the
Community Charter Day School, and neighbors who live near the proposed site of the
community garden.
Rose Gonzalez, 21 Durant Street, [Director of Groundwork Lawrence], spoke in favor
of the proposed zoning changes.
Mark Rivera, on behalf of “The Green Team” [a group of students who intend to
work for the community garden program], spoke in favor of the proposed zoning changes
and stated that the community garden program will have tremendous academic value.
Janelle Martinez, 145 Marston Street, Lawrence, MA, spoke in favor of the proposed
zoning changes and cited the positive aspects the community garden program will have
on the Lawrence Community.
Bill Komesky, a teacher at the Community Day Charter School, discussed the
educational aspect of the community garden program and urged the Council Members to
approve the proposed zoning amendments.
69
Bill Paragoy, Garden Street, Lawrence, MA, spoke in favor of the proposed zoning
changes to assure the implementation of the community garden program.
Carolyn Kernan, 214 Howard Street, Lawrence, MA, spoke in favor of the
community garden program that the proposed zoning changes will allow to be
implemented through the efforts of the Community Development Office and
Groundworks Lawrence.
Upon being recognized, Councilor Almonte presented a motion to approve the
proposed zoning amendment which was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Almonte thanked those appearing to
support the measures presented and commented on the importance of their show of
support.
Upon being recognized, Councilor Laplante posed questions to Mr. Komesky
regarding the education aspects of the community gardening program.
Upon being granted the floor, Councilor Twomey posed questions to Susan Fink
about the monies obtained for development of the community gardening program and the
impact the zoning amendments may have upon the possible sale of vacant properties
owned by the City of Lawrence.
70
Upon the motion to approve the measure presented by Councilor Almonte as
Doc. 407/10: Zoning Change – 19 Spruce Street – (Map 170, Lot 20) –
Council Members.
Susan Fink, 6 Rockwood Lane, Lawrence, MA, of the Community Development
Office, stated that the item presented concerns the same information provided in the prior
item [Doc. 406/10] and, if approved, the land would be used to support the community
gardening program as discussed and urged the Council Members to approve the measure
as presented.
Rose Gonzalez, 21 Durant Street, [Director of Groundwork Lawrence], spoke in favor
of the proposed zoning changes and the community gardening program.
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proposed zoning amendment which was seconded by Council Vice President Silva.
Upon being granted the floor, Councilor Laplante posed questions to Ms. Rose
Gonzalez about the funding structure of the program.
Doc. 408/10: Zoning Change – 5-57 Cross Street – (Map 168, Lots 74 & 75) –
Council Members.
72
items and urged the Council Members to approve the measure as presented.
Dick Russell, 34 Cross Street, Lawrence, MA, stated that it would be better to sell the
parcels of property subject to the proposed zoning amendments to property abutters in
order to enhance their property which would provide additional financial support to the
City of Lawrence through the sale and through additional taxes collected. He also stated
his concerns for habitability of areas in Lawrence and lot cleanup throughout the City of
Lawrence.
Rose Gonzalez, 21 Durant Street, [Director of Groundwork Lawrence], informed the
Council Members that the properties subject to the proposed zoning amendments were
offered to abutters without any abutter seeking to obtain any of the parcels subject to the
community gardening program.
Bill Paragoy, Garden Street, Lawrence, MA, stated that the community garden
program participants are committed to keeping the gardens clean and will not allow the
areas to be subject to waste.
Upon being recognized, Councilor Rivera presented a motion to approve the
proposed zoning amendment which was seconded by Councilor Almonte.
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Upon being granted the floor, Councilor Rivera stated that information offered
often contains hearsay statements without reliable substantiation particularly when real
property is presented for “non taxable” programs or development.
Upon the motion to approve the measure presented by Councilor Rivera as
to approve the measure as presented.
Doc. 409/10: Zoning Change - 5-13 Giuffrida Place – (Map 110, Lot 64) –
Council Members.
Rose Gonzalez, 21 Durant Street, [Director of Groundwork Lawrence], informed the
Council Members that this parcel will be used to build a greenhouse which students will
use to develop botanical science projects.
74
proposed zoning amendment which was seconded by Councilor Rivera.
approve the measure as presented.
Doc. 410/10: Zoning Change – 1-3 Howe Court– (Map 9, Lot 41A) –
Council Members.
75
Upon no public comment offered on the matter, Council President Moran closed the
public hearing portion of the proceedings and called upon the Council Members present
to offer comment or discussion.
proposed zoning amendment which was seconded by Councilor Aquino.
Council President Moran called for a motion to take Doc. 6/11 out of the order it
appears on the agenda. Upon being granted the floor, Councilor Almonte moved to take
Doc. 6/11 out of the order it appears on the Council Agenda which was seconded by
Councilor Rivera and unanimously approved [9-0] by the Council Members present.
IV. COMMITTEE REPORTS:
Doc. 6/11: Dedication Plaque to the Six Bolis Brothers – Ord. Cmt. – Approved
from the Ordinance Committee recommending the Council Members approve a
dedication placque to the Six Bolis Brothers as presented. Councilor Bernal informed the
Council Members that a location for the placque has yet to be selected and will be chosen
76
with input from the remaining family members. Councilor Bernal’s report was presented
in the form of a motion to approve which was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Twomey introduced Winnie Bolis
DiTamasso to the Council Members who addressed the Council Members and provided
information about the Bolis Brothers at the invitation of Council President Moran.
Upon the motion to approve the item, the Council Members present voted
Doc. 6/11: Approved
appears on the agenda. Upon being granted the floor, Councilor Laplante moved to take
Council Vice President Silva and unanimously approved [9-0] by the Council Members
present.
Doc. 17/11: Snowplowing – Councilor Laplante – B & F Cmt. - Tabled
At the request of Council President Moran, Councilor Rivera presented a
summary of the proceedings before the Budget and Finance Committee hearing held on
1-25-11. He discussed the salient issues presented and provided information about the
content of discussions during the hearing for the benefit of the public and the Council
77
Members present. Upon conclusion, he suggested the item be tabled for further
discussion and action as may be required or necessary.
Upon being granted the floor, Councilor Twomey suggested that a written report
of the information provided be prepared by the Department of Public Works for use and
reference of the Council Members.
Upon being recognized, Councilor Laplante informed the public and the Council
Members that he will be obtaining a copy of the Budget and Finance meeting and make it
available on his website.
Upon taking the floor, Council President Moran informed the Council Members
about the concerns of the Administration about snow removal and public safety issued
during the recent snow storms. He informed the Council Members that he was kept
informed about efforts to remove snow and other issues that arose during the storms
through meetings held with the Administration on an impromptu basis. He
complimented the Public Works Department on the work done with equipment that is
outdated and sometime insufficient for the tremendous amount of snow that has fallen
this winter to date. He stated that the most important issue is always to assure the safety
of the public is the most important aspect of snow removal to make sure for safe travel
and safe passage through the City Streets.
Upon being recognized, Council Vice President Silva stated that it is incumbent
upon the Council President to keep the Council Members informed as soon as possible
about meetings held with the Administration that concern important issues like the
matters resulting from recent snow storms. She stated that the residents of Lawrence can
78
assist by complying with ordinances that may apply to parking and street access to allow
the Public Works Department the ability to remove snow from the City Streets and
sidewalks. She commented about snow removal measures employed by neighboring
Cities and Towns and stated that emergency response to snow storms has to be planned in
the summer and not as the storms occur. Finally, she stated that Acting Public Works
Director Isensee should be present this evening to offer comment and answer any
questions that the Council Members may have regarding snow removal efforts and plans.
As a point of information, Councilor Bernal informed the Council Members that
Acting Director Isensee was available at the Budget and Finance Subcommittee meeting
held and provided in depth information at that proceeding.
Continuing, Council Vice President Silva discussed issues of concern regarding
snow removal management and measures taken without providing prior information to
the Council Members.
Council President Moran commented that information provided by Council
Members is appropriate parliamentary process and it is recognized as such in this
discussion.
Upon being granted the floor, Councilor Almonte suggested that it may be helpful
to look into using the land around Marston Street and Interstate 495 owned by the State in
order to deposit snow removed from other areas of the City. She suggested that the State
may be receptive to do this when a State of Emergency is declared.
Upon taking the floor, Council President Moran commented that the State is very
guarded about use of land around the State Highways. He stated that use of resources
79
and conduct during snow emergencies is part of the function of the Executive Branch of
the City. A discussion ensued among the Council Members regarding suggestions and
solutions relative to snow removal in the City of Lawrence].
Upon being granted the floor, Councilor Almonte discussed the difficulties the
recent snow fall has caused in public safety dangers and damages.
Upon being recognized, Councilor Maldonado commented that the lessons of this
winter will all have been learned by summer. He stated that the Public Works
Department has done a very good job with limited resources to battle the several snow
accumulation for each of the three storms occurring over the past few weeks. He stated
that serious consideration has to be given to funding the snow removal budget by
averaging the annual allocation over a number of years in order to provide for a
reasonable estimate of the actual cost. He also stated that there needs to be a coordinated
effort between the Public Works Department and Police Department to remove vehicles
from the path of snow plows and other snow removal equipment.
Upon being granted the floor, Councilor Rivera stated that reasonable discussions
about the manner of approaching frustrating situations such as the issues relating to snow
removal are important to help address matters that are presented such as the recent severe
snow storms. He suggested that it is important to address budgetary concerns that relate
to snow removal efforts by the City of Lawrence whenever snow storms occur.
Council President Moran concluded by stating that the information resulting from
the debate and discussion on this matter has had a benefit to the public by addressing the
issues of concern.
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Upon close of discussions, Councilor Rivera moved to table the measure which
was seconded by Councilor Maldonado and approved by vote the Council Members
present as follows: Yes – 5; No – 4;
Doc. 17/11 - Tabled
appears on the agenda. Upon being granted the floor, Councilor Almonte moved to take
Doc. 8/11 and Doc. 11/11 out of the order it appears on the Council Agenda which was
seconded by Councilor Rivera and unanimously approved [8-0] by the Council Members
present. [Councilor Twomey being absent from the Council Chamber at the time the
matter was presented for a vote].
Doc. 8/11: Transient Vendor License – Johanny Gomez – Renewal –
Ord. Cmt. – Approved
from the Ordinance Committee recommending the approval of the petitioner’s
application for the approval of a transient vendor license. The report was presented in the
form of a motion to approve which was seconded by Councilor Maldonado.
Council President Moran called upon the Council Members for their comment,
discussion or inquiry. Upon no discussion or comment offered by the Council Members
81
present, Council President Moran closed the discussion portion of the proceedings and
called upon the Council Members present to consider the matter presented.
Upon the motion to approve the measure presented by Councilor Bernal as
[8-0] to approve the measure as presented. [Councilor Twomey being absent from the
Doc. 8/11: Approved
Doc. 11/11: Transient Vendor License – Rafael Gonzalez –
Renewal – Ord. Cmt. – Approved
from the Ordinance Committee recommending the approval of the petitioner’s
application for the approval of a transient vendor license. The report was presented in the
form of a motion to approve which was seconded by Councilor Almonte.
Upon the motion to approve the measure presented by Councilor Bernal as
seconded by Councilor Almonte, the Council Members present voted unanimously
82
appears on the agenda. Upon being granted the floor, Councilor Rivera moved to take
Councilor Maldonado and unanimously approved [8-0] by the Council Members present.
[Councilor Twomey being absent from the Council Chamber at the time the matter was
presented for a vote].
Doc. 2/11: Lawrence Fire Department - previous year bills (FY 2010) - $12,997.05 Brian J. Murphy-Provisional Fire Chief – B & F Cmt. - Approved
from the Budget and Finance Committee regarding its proceedings and stated the reasons
that FY 2010 bills were presented for payment at this time. He stated that the course of
financial conduct for the City is to admonish departments that have bills from prior years.
He stated further that the FY 2011 Fire Department budget preparations anticipated and
included the bills currently presented for payment. The report was presented in the form
of a motion to approve the item presented which was seconded by Councilor Maldonado.
Upon the motion to approve the measure presented by Councilor Rivera as
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Doc. 2/11: Approved
Council President Moran stated that the Council will proceed by addressing the
items appearing on the Council Agenda as they appear.
V: Communication from Mayor, City Officials & City Attorney:
Doc. 25/11: Resignation of Frank Bonet-District C School Committee MemberFilling of Vacancy-Counc. Pres. Moran – ref. Council on the Whole
Council President Moran commented that the document presented concerns the
recent resignation of Lawrence School Committee Member Frank Bonet and discussed
the process for replacement provided by the City Charter. He stated that he has already
made provision to have the City Clerk advertise the opening and call for letters of interest
to be submitted to the City Council through the Office of the City Clerk no later than 4:30
p.m. on Friday, February 25, 2011. He informed the Council Members that he has also
made provision to advertise the same call for letters of interest to be published on the City
Web Site as well as the City Cable Television stations.
After a brief discussion regarding the application and approval process among the
Council Members, Council President Moran referred the item to the Committee on the
Whole for further proceedings.
Doc. 25/11 Ref. to Committee on the Whole
VI. APPROPRIATIONS-ORDERS-RESOLUTIONS: - none
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VII. COMMITTEE REPORTS:
Doc. 14/11: Municipal Tax Amnesty Program – Accept Ch. 188 Sec. 68 of Acts of
2010 (Municipal Relief Act – expires (6/30/11) for 3 months – April, May & June
applies to interest only not principal; Rate to be determined – Ord. Cmt. –
Rate Established - Public Hearing Ordered
from the Ordinance Committee recommending that a public hearing be ordered for the
measure presented. The report was presented in the form of a motion to order a public
hearing which was seconded by Councilor Rivera.
[Councilor Bernal presented a motion to conduct Council business past 10:00 p.m.
which was duly seconded by Councilor Almonte and approved [Yes – 8; No - 1] by
vote of the Council Members present as follows]
Council Vice President Silva - Yes
Council President Moran informed the Council Members that the item is a one time
statutory offering of the Legislature that has to be implemented over April, May and June
of 2011. He stated that the Acts and Resolves of the State Legislature allow the Council
to make provision for tax amnesty of interest only and not principal over the course of
three months at a rate to be determined by the Council Members.
Upon being recognized, Councilor Rivera presented a motion that the Council adopt
an amnesty program that provides for tax amnesty within the parameters of the
Legislation provided at the following rates of interest forgiveness: April = 75%;
85
May = 50%; and June = 25%. Councilor Rivera explained that the proposed rate
structure will serve to provide incentive to those who owe past due taxes to participate
early. The motion was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Twomey discussed the manner the program
will be implemented if approved.
A discussion ensued between Council President Moran and Councilor Rivera
regarding the rate structure proposed by Council Rivera’s motion and other possible rate
structures that may be used. Council Present Moran suggested that the following rate
may be result in greater participation: April = 75%; May = 50%; and June = 50%.
Upon being recognized, Councilor Aquino stated that she supports the proposed rate
of 75%, 50%, and 50%.
Upon being granted the floor, Councilor Almonte discussed her reasons for
supporting the proposed rate at 75%, 50%, and 50%.
Upon being recognized, Councilor Laplante discussed the implementation of the tax
amnesty program in relation to outstanding taxes that remain due. A discussion ensued
among the Council Members regarding outstanding taxes due and the implementation of
the proposed amnesty program.
Upon being recognized, Councilor Bernal suggested that a proposed rate of
forgiveness that may be best would be: April = 75%; May = 60%; and June = 40%. The
proposed rate was presented as an amendment to the main motion currently on the table.
Councilor Rivera accepted the amendment as presented.
86
Upon further discussion among the Council Members present, Councilor Rivera
explained that monies collected from the amnesty program will be allocated toward “free
cash” in FY 2012.
Upon no further comment, discussion or inquiry regarding the item presented, the
Council Members voted unanimously [8-0] to adopt the tax amnesty rate as follows:
April = 75%; May = 60%; and June = 40% and to order a public hearing on the measure.
[Council Vice President Silva being absent from the Council Chamber at the time the
matter was presented for a vote].
Doc. 14/11: Rate Established – Public Hearing Ordered
VIII. OLD BUSINESS: - none
IX. TABLED MATTERS:
X. NEW BUSINESS:
Doc. 24/11 Hamlet Street-request for one way traffic for ½ hour during Frost
School dismissal-Counc. Bernal – Public Hearing Ordered – Ref. Ord. Cmt.
Upon being recognized, Councilor Bernal informed the Council Members that this
item is of some urgency to the Frost School to provide for ease of access and greater
87
public safety for the Frost School students at the time or dismissal. She requested that
Council President and the Council Members consider suspending the Rules of the City
Council and allow the matter to be ordered to a public hearing and referred to the
Ordinance Committee for further proceedings. She then presented a motion to suspend
the Rules of the City Council a motion which was seconded by Councilor Aquino and
unanimously approved [9-0] by the Council Members present. Councilor Bernal next
presented a motion to order a public hearing on the measure which was seconded by
Councilor Maldonado and a public hearing was unanimously ordered [9-0] by the
Council Members present. Council President Moran referred the matter for further
proceedings before the Ordinance Committee.
Doc. 24/11: Public Hearing Ordered – Referred to Ordinance Cmt.
Upon continuing, Council President Moran brought the matters listed below to the
attention of the Council Members present and referred each to the Council Subcommittee
as indicated:
18/11 Parking – near the driveways of 341 and 343 South Broadway Street – No Parking
signage – Counc. Bernal – ref. to Ord. Cmt.
19/11 Handicapped Parking – 9 Ferguson Street – Counc. Laplante – ref. to Ord. Cmt.
20/11 Second Hand Dealer License – 9 Broadway St. – Idalia Flores – ref. to Ord. Cmt.
21/11 Old Gold Dealer License – 9 Broadway Street - Idalia Flores – ref. to Ord. Cmt.
22/11 Petition to Regulate a specific class of ‘HUD subsidized multi-family’s (Project
based Section 8) housing-Home Rule Petition – requested by Maria Moreno –
Counc. Laplante – ref. to Hous. Cmt.
23/11 Relocation of A-4 Poll Location–formerly the Storrow School-William J.
Maloney – ref. to Ord. Cmt.
24/11 Hamlet Street-request for one way traffic for ½ hour during Frost School
dismissal-Counc. Bernal – ref. to Ord. Cmt.
26/11 Traffic Study – Pleasant Terrace – possible one-way traffic – Counc. Almonte –
Ref. to Ord. Cmt.
27/11 Traffic Study – Pleasant Street – between High and Howard Streets – speeding
issues, etc. – Counc. Almonte – ref. to Ord. Comt.
88
28/11 Parking – 53-55 Bowdoin Street – on street parking restriction – Counc. Bernal
Ref. to Ord. Cmt.
29/11 St. Patrick’s Road Race – Sunday, March 6, 2011 – Council Pres. Moran
Ref. to Ord. Cmt.
30/11 Stop Sign – east bound traffic on Farnham, Bailey, Abbott and Andover Streets at
Shawsheen Road – Council Pres. Moran – ref. to Ord. Cmt.
31/11 Parking – 9B Summer Street – issue – Counc. Almonte – ref. to Ord. Cmt.
32/11 Massachusetts Electric Company d/b/a National Grid – request permission to
locate poles, wires and fixtures on Haverhill Street – ref. Ord. Cmt.
33/11 Verizon, New England, Inc. – request permission to place underground conduits
on Merrimack Street – ref to Ord. Cmt.
34/11 Transient Vendor License – Orlando Lopez – 103 Bellevue Street, Lawrence, MA
Ref. to Ord. Cmt.
XI. ADJOURNMENT:
Upon Motion of Councilor Rivera duly seconded by Councilor Almonte, the Council
ADJOURNED
(10:29p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, March 1, 2011
A REGULAR MEETING of the City Council was held on Tuesday, March 1,
Councilor Almonte.
Approximately eight [8] persons were present.
of City Council Meeting conducted February 15, 2011 was submitted by the City Clerk
Upon the motion of Councilor Rivera to accept the minutes as presented and
seconded by Councilor Aquino and the Council Members present voted unanimously
[8-0] to accept the minutes.
Homayoun Maali 53 Chester Street, Lawrence, MA spoke in favor of Doc. 24/11
[a petition to make Hamlet Street “one way” when school is in session].
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[Tuesday, March 1, 2011]
Doc. 14/11: Municipal Tax Amnesty Program – Acceptance of Chapter 188, 68 of
the Acts of 2010 – Hearing held - Approved
Council Members.
Council President Moran informed the Council Members that Overseer Robert
Nunes wished to inform the Council Members that the Department of Revenue
regulations require the percentage rate of forgiveness be the same over the time period
that amnesty is in place. He suggested that the vote of February 15, 2011 approving a
rate of 75% during April of 2011, 60% during May of 2011, and 40% during June of
2011 should be addressed based on this information.
Upon being granted the floor, Councilor Rivera presented a motion to reconsider
the vote approving these percentages entered on February 15, 2011. The motion was
seconded by Councilor Maldonado and the Council Members present voted unanimously
[8-0] to reconsider the vote of approval dated February 15, 2011.
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Councilor Rivera then presented a motion to approve a percentage rate of amnesty
to be set at 75% for each month the program is in effect. The motion was seconded by
Councilor Twomey.
Upon further discussion offered, Councilor Laplante discussed the measure being
considered. He suggested that his constituents have some questions concerning the
implementation of the program and other questions about eligibility.
Upon being granted the floor, Councilor Bernal provided the Council Members
with information regarding how the proposed amnesty program would be implemented in
relation to the collection of current and past real estate taxes. A discussion ensued
between Councilor Laplante and Councilor Bernal regarding specifics about the proposed
amnesty program.
Upon being recognized, Councilor Rivera provided additional information about
the amnesty program and how it will be implemented.
Upon being recognized, Council Vice President Silva stated that someone should
be present from the Administration to provide answers to these questions and to allow the
Council Members to pose questions to those who will be responsible for implementing
the program.
Upon continuing, Councilor Laplante again suggested that taxpayers in his district
have questions about qualifying for the amnesty program and if being placed in
“collections” would operate to disqualify these taxpayers. Councilor Bernal provided
additional information about eligibility as it relates to collection of past due and current
real estate taxes.
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Council President Moran informed the Council that although the debate and
information being provided is of certain value, he pointed out that the item has been
pending for some time and suggested there has been sufficient opportunity for the
Council Members to obtain information and answers about how the tax amnesty program
works,.
Upon being granted the floor, Councilor Twomey agrees with Council Vice
President Silva that it is important to have someone involved with the amnesty program
to be present to answer questions and discuss the matters of concern. A discussion
ensued among the Council Members regarding the measure. Councilor Twomey cited
the Department of Revenue guide lines that require the same rate of tax forgiveness be
applied throughout the term of the amnesty program.
Upon being granted the floor, Councilor Rivera clarified that the declining
percentage was adopted based on the prior amnesty program approved in 2003-2004. He
commented that any questions about the program should be addressed to the Budget
Office as necessary.
Upon being granted the floor, Councilor Laplante stated that regardless of the
persisting questions, the taxpayer would benefit from any educational or informational
forum which should not affect the substance of the program if it is adopted.
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measure with the rate of tax forgiveness set at 75%, the Council Members present voted
as follows to approve the measure: Yes-7: No-1: Absent -1
Councilor Almonte - Absent
Doc. 24/11: Hamlet Street – request for one way traffic between 7:30 a.m. and 8:30
a.m. and during dismissal at 2:00 p.m. to 3:00 p.m.
at the Frost School– Hearing held-Approved
Council Members.
Homayoun Maali 53 Chester Street, Lawrence, MA spoke in favor of the
measure.
Peter Larocque, former School Committee Member, spoke in favor the measure.
He presented information about the proposed amendment originally presented in 2007
and discussed the need to have specific traffic rules and regulations at each of the City
Schools.
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Council President Moran posed questions to Mr. Larocque about the limited
authority of School Safety Officers. Mr. Larocque indicated that School Safety Officers
have no authority to oversee or control traffic. Council President Moran suggested that
hiring police officers with the ability to exercise authority over traffic conditions may be
an item necessary to include in the upcoming School Department Budget.
Jennifer Cooper, 53 Bowdoin St., Lawrence, MA spoke in favor of the proposed
measure.
Members present to offer further comment or discussion.
measure and sated that the time the “one way” traffic was intended to be presented for
consideration was to take place between 7:30 a.m. to 8:30 a.m. [when school is first
coming into session] and between 2:00 p.m. to 3:00 p.m. Councilor Bernal presented the
report in the form of a motion to approve the measure which was seconded by Councilor
Rivera.
Upon being granted the floor, Council Vice President Silva stated that other
measures approved by the City Council intended to address School Traffic safety have
proven difficult if not impossible to implement and enforce. She cited the approval of
such a measure for implementation at the Oliver School and suggested that the reason the
measures are not enforces are directly related to a reduction in the Lawrence Police staff.
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She suggested that it may be necessary to permanently change Hamlet Street to a one
way street if the temporary provision does not work.
Council President Moran suggested that the measure presented for consideration
is to provide that Hamlet Street be a “one way” street during the morning hours before
opening the school and upon dismissal and that any proposal to permanently change the
street into a one way street should be appropriately noticed and presented in the future if
necessary.
Upon being recognized, Councilor Bernal suggested that the current measure be
approved and that any further proceedings that may be necessary take place in the future.
She informed the Council Members that support of the residents in the Hamlet
Street/Frost School area overwhelmingly support the measure and urged the Council to
recognize that support by approving the item presented.
Upon being granted the floor, Councilor Rivera discussed the community efforts
to prepare, present and adopt the proposed measure over the past few years. He stated his
support and suggested the item be approved by vote of the Council Members.
Upon being granted the floor, Councilor Twomey asked who would be
responsible to implement the temporary “one way” street if it were approved. In
response, Councilor Bernal informed the Council Members that the School Safety
Officers would work in cooperation with the School Department Staff and Police
Department to implement the measure.
Upon being granted the floor, Councilor Maldonado stated that concern for safe
traffic flow near each school has been a topic of public debate for years and pointed out
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that each of the schools throughout the City pose a unique situation and similarly require
a unique manner by which it should be addressed.
Upon being granted the floor, Council Vice President Silva clarified that she
support the measure presented.
Council President Moran stated that the creation of a one way street would pose
some initial difficulties but that once it is in place it would likely work well.
approve the measure for the creation of a temporary one way street from 7:30 a.m. to
8:30 a.m. and from 2:00 p.m. to 3:00 p.m. from September 1st through June 30th of each
year and whenever school may be in session.
V. APPROPRIATIONS-ORDERS-RESOLUTION: - None
Doc. 1/11: Home Rule Petition – Laid Off Police Officers – Counc. Laplante – Ord.
Comt. & Public Hearing ordered
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report was presented in the form of a motion, seconded by Councilor Laplante and
Upon the motion of Councilor Rivera, as seconded by Councilor Maldonado, the
Council Members unanimously voted [8-0] to consider Document 20-2011 and 21-2011
together as they concern the same petition and business requesting license approvals..
Doc. 20/11: Second Hand Dealer License – 9 Broadway Street – Ord. Comt. Approved
Doc. 21/11: Old Gold Dealer License – 9 Broadway Street – Ord. Comt. – Approved
from the Ordinance Committee in the form of a motion to approve both petitions as
presented. The motion was seconded by Councilor Aquino.
Upon inquiry of Councilor Twomey, Dalia Flores [the petitioner] answered questions
about the corporation and its business operation.
Members. Upon vote of the Council Members present, both requests for licenses
presented were unanimously approved [8-0].
Doc. 20/11 and Doc21/11: Approved
Doc. 29/11: St. Patrick’s Road Race – Sunday, March 6, 2011 – Ord. Comt.Approved
of the Ordinance Committee to approve the measure presented pending completion of
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filing all permit documents required. The report was presented in the form of a motion to
approve which was seconded by Councilor Maldonado and unanimously approved by the
Doc. 34/11: Transient Vendor License – Orlando Lopez – 103 Bellevue Street –
Ord. Comt. – Tabled
At the request of Council President Moran, Councilor Bernal presented the report of
the Ordinance Committee to accept the report on the measure presented. Councilor
Bernal asked the Council Members to approve the report without a recommendation at
this time due to the fact that the petitioner apparently has not completed all the required
application documents. The motion to approve the report was seconded by Councilor
Aquino and unanimously adopted [8-0] by the Council Members present.
Upon being granted the floor, Councilor Bernal asked the City Clerk if the application
documents were on file with the Office of the City Clerk. The City Clerk stated that the
CORI form and the State Transient Vendor’s License copy were not yet filed.
Councilor Bernal then moved to table the item which was seconded by Councilor
Rivera unanimously approved by the Council Members presented [8-0].
Doc. 34/11: Tabled
Doc. 339/10: Under Rule 25 – Amendment of City Council Rules– Committee on
the Whole – Tabled
At the request of Council President Moran, Council Vice President Silva presented
the report of the Committee on the Whole and stated that the Subcommittee
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voted to approve Option #1 to Amend the Rules of the City Council. The report was
presented as a motion to approve the measure which was seconded by Councilor
Maldonado.
Upon being granted the floor, Councilor Twomey asked the Council members to
consider tabling the item in order to assure the Full Membership of the Council is in
attendance to allow for all Council Members to register their vote. Councilor Twomey
presented moved to table the measure which was seconded by Councilor Laplante. The
Council Members present voted as follows to table the item. Yes-5; No-3; Absent -1
Councilor Aquino - No
Council President Moran - No
Doc. 339/10: Tabled
Doc. 25/11: Resignation of Frank Bonet – District C School Committee Member –
filling of vacancy – Cmt. on the Whole - Approved
the report of the Committee on the Whole recommending the approval of Pavel Payano
as the District C School Committee Member to serve the balance of term resulting from
the vacancy resulting from the resignation of Frank Bonet. The motion was seconded by
Councilor Laplante.
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Upon being granted the floor, Council Vice President Silva stated that she favors the
approval of Mr. Payano and informed the Council Members about the term he would fill
through the next election Municipal Election.
Upon being granted the floor, Councilor Twomey also stated he was in favor of
approving Mr. Pavel Payano to the position.
Members. Upon vote of the Council Members present, Mr. Payano was unanimously
[8-0] approved to complete the District C School Committee Member term as provided
by the City Charter. Upon completion of the vote, the City Clerk administered the Oath
of Office. Upon completion of the Oath of Office, Mr. Payano addressed the Council
Members and thanked them for their support.
8:40 p.m. - Councilor Twomey presented a motion to recess the Council proceedings
for 3 minutes which was seconded by Councilor Rivera and approved by the
Council Members upon the following vote: Yes-6; No-2; Absent-1
8:53 p.m. - Councilor Rivera presented a motion to resume proceedngs
before the Full Membership of the Lawrence City Council. The motion was
seconded by Councilor Aquino and unanimously approved [8-0] by the Council
Members present
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VII. WITHDRAWALS:
Doc. 270/10: City Wide Street Lighting FY 2011 – Cmt. of the Whole – Withdrawn
At the request of Council President Moran, Council Vice President Silva
presented the above matter for withdrawal from the City Council Agenda in the form of a
motion to withdraw. The motion was seconded by Councilor Rivera and unanimously
approved by the Council Members present [8-0].
Doc. 270/10 Withdrawn
VIII. OLD BUSINESS:
Upon the motion of Councilor Bernal, seconded by Councilor Rivera, the
following items were unanimously approved by the Council Members present [8-0] to
consider them as a block.
Doc. 50/09: Disposition – 2 Butler Street – (Tax Map #188, Lot 86) - amend
disposition - Approved
Doc. 51/09: Disposition – 4-6 Butler Street – (Tax Map #188, Lot 87) - amend
disposition - Approved
Council President Moran introduced the two items and explained that the items
were being presented in order to amend and correct the vote of January 4, 2011 to
provide the name of the party intended to be awarded the parcels subject to the petitions
and which would allow the City Attorney the ability to accurately complete all
documents necessary to transfer title. He informed the Council Members that the party
who the property was to be awarded the bid to purchase the parcels “Charles Hope
Companies, LLP”.
102
Upon being recognized, Councilor Laplante presented a motion to amend the
disposition originally approved on January 4, 2011 to be awarded to “Charles Hope
Companies, LLP” on the parcels cited in Documents 50//09 and 51/09. The motion was
seconded by Councilor Rivera and the Council Members present voted unanimously
[8-0] to approve the amended disposition.
Doc. 50/09: Approved ; Doc. 51/09: Approved
IX. TABLED MATTERS:
351/10: Police – update – Tabled
Councilor Laplante presented a motion to remove the item from the table which
was seconded and unanimously approved by the Council Members present [8-0].
Upon being granted the floor, Councilor Laplante presented information about the
increase in Auto Theft and Aggravated Assault in Lawrence reflected in statistics drawn
from Lawrence Police Department. He suggested that the report is an indicator that
criminal conduct is increasing demonstrating a need for an increase in the police force
necessary to address these and other matters to prevent crime. He suggested that it is
imperative that The Mayor and Unions reach an agreement as to negotiated concessions
in order to create additional financial resources available to increase the ranks of the
Lawrence Police Department.
Upon being granted the floor, Councilor Twomey discussed efforts made to
address crimes being committed in Lawrence through recent meetings with
Representative Torrisi and Representative Adams.
103
Upon being granted the floor, Councilor Rivera agreed with Councilor Laplante
and stated that the Police Union must make concessions in order to make finances
available to provide for additional public safety officers. Councilor Rivera stated that the
reduction in insurance premiums over the course of the past few years or more through
the successful efforts of the fraud task force helped reduce and prevent insurance fraud
and fraudulent than auto theft claims.
Upon being granted the floor, Councilor Laplante commented on the importance
of past crime prevention programs and cautions that the current trend represents a
regression to the past where crime was on the increase.
Council President Moran discussed the adverse impact of reduced funding from
State and Federal sources and the poor court supervision of those being released from
incarceration.
Upon being granted the floor, Councilor Maldonado commented on issues of
early release as being directly a result of inmate overcrowding.
Upon no further comment, discussion or inquiry by the Council Members present,
Council Vice President Silva presented a motion to table the item which was seconded by
Councilor Laplante. The Council Members present voted unanimously [8-0] to table the
measure.
351/10: Tabled
IX. TABLED MATTERS:
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22/10: New Automated Trash Collection and Allied Waste Services contract update – to
be discussed – Counc. Rivera
17/11: Snowplowing – Counc. Laplante
X. NEW BUSINESS:
35/11: Rededication of the Pfc. Louis Frodyma plaque at the corner of Haverhill
and Union Street – Counc. Rivera – Ref. to Ord.
36/11: FY 2010 Independent Audit – Review and accept per 7.3 City Charter – Counc.
Rivera – Ref. to Budget & Finance
37/11: City Attorney’s Office – review and update, budget and staffing – Counc. Rivera
– Ref. to Budget & Finance
38/11: Council Pre-Budget Community Input and Year End Review – Ordinance –
Counc. Rivera – Ref. to Ord.
40/11: Lawrence Housing – review – Counc. Laplante – Ref. to Housing
41/11: Handicapped Parking – Roger Abou-Farah - 233 Hampshire Street – Dr. Boutros
Chassibi – Ref. to Ord.
43/11: Parking –Packard Street – restrictions – Counc. Bernal – Ref. to Ord.
Item(s) added during the meeting
Doc. 349/10: Zoning Ordinance – 31-33 Garfield Street – Motion to Suspend the
Rules of the City Council - Defeated
Upon being recognized, Councilor Bernal presented a motion to suspend the
Rules of the City Council and declare the measure an emergency for the purpose of
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addressing the matter. The motion was seconded by Councilor Maldonado and the
Council Members present defeated the motion as follows [as it lacked the necessary sixth
vote to advance]: Yes-5; No-3; Absent-1
Councilor LaPlante - No
Council President Moran –Yes
Doc. 349/10: Motion defeated
XI. ADJOURNMENT:
Upon Motion of Councilor Laplante duly seconded by Council Vice President Silva,
the Council Members present voted unanimously to Adjourn.
ADJOURNED
(9:17p.m.)
Attest:
William J. Maloney
City Clerk
106
DATE: Tuesday, March 15, 2011
A REGULAR MEETING of the City Council was held on Tuesday, March 15,
Council Vice President Silva.
Approximately twenty-two [22] persons were present.
of City Council Meeting conducted March 1, 2011 was submitted by the City Clerk for
consideration and acceptance of the City Council Members.
Councilor Bernal moved to accept the minutes as presented which was seconded
by Councilor Almonte.
Upon being recognized, Councilor Rivera stated that the reference to Document
35/2011 needs to be corrected to accurately reflect the placement of the plaque honoring
Pfc. Louis Frodyma to be placed at the corner of Haverhill and Union Streets. The City
Clerk informed the Council Members that the correction had already been made and
entered on the record.
The Council Members present voted to accept the minutes of March 1, 2011 as
corrected [8-0].
107
Ellie Curtain, Brunswick House, 98 Essex Street, Lawrence, MA, stated that there
there is insufficient parking for the residents of Brunswick House particularly in the early
morning and late afternoon hours. She asked that the Councilors visit the location and
observe the problem first hand.
Scott McNamara, President of the Lawrence Police Association, stated that recent
comments by Mayor Lantigua saying that Lawrence Police are “intimidating” and “lazy”
are inappropriate. He stated that the Lawrence Police are hardworking and available to
protect and serve the public.
Alan Andrews, President of the Lawrence Patrolman’s Association, informed the
Council Members of the enormous number of calls received by the Lawrence Police
during the year. He discussed the service provided by the Lawrence Police to the people
of Lawrence and cited examples of their good work.
Adalgisa Nunez, Sycamour Village, Lawrence, MA spoke in support of the Home
Rule Petition for Affordable Housing [Doc. 22/2011]. She submitted a number of index
cards as petitions signed by area residents stating their support of the proposed Home
Rule Petition [the documents were submitted to the City Clerk for filing]. Upon being
recognized, Councilor Laplante asked the submitted documents be entered as part of the
Council record.
108
Juan Rosario, Sycamour Village, 65 Franklin Street, Apartment #2, Lawrence, MA,
spoke in support of the Home Rule Petition for Affordable Housing [Doc. 22/2011].
Wendy Luzon, Sycamour Village, Lawrence, MA spoke in support of the Home Rule
Petition for Affordable Housing [Doc. 22/2011] indicating that the waiting period for
Section 8 Housing is approximately five years. She stated also that the City of Lawrence
has a housing crisis which must be resolved.
Mark Rivet, retired Lawrence Police Officer, deferred to speak at the public hearing
on the Home Rule Petition to hire retired and laid off Police Officers [Doc. 1/2011].
Clara Gomez, Sycamour Village, Lawrence, MA spoke in support of the Home Rule
Petition for Affordable Housing [Doc. 22/2011] and urged the Council Members to
adopt the measure when presented for a vote. She also introduced her daughter, Tay
Gomez [approximately 7-10 years of age] who asked the Council Members to “save our
homes”.
Kendry Vasquez, 102 Auburn Street, Lawrence, MA, spoke in support of the Home
Rule Petition for Affordable Housing [Doc. 22/2011].
Dan Rivera, Councilor at Large, 12 Jefferson Street, Lawrence, MA, discussed the
financial crisis the City of Lawrence continues to face citing a cause as being due to the
loss of 10.8 million dollars in local aid. He stated that the manner which financial issues
are being addressed is difficult but should be followed to obtain results.
Doc. 1/11: Home Rule Petition – Laid-Off Police Officers – hearing - Tabled
109
Council Members.
Alan Andrews, President of the Lawrence Patrolman’s Association, spoke in
support of the proposed Home Rule Petition and discussed the positive aspects of the
petition.
Upon being recognized, Councilor Bernal posed questions to Detective Andrews
concerning the implementation of similar programs for hiring retired and laid off police
officers is done in neighboring Cities and Towns.
Upon being granted the floor, Councilor Twomey asked Detective Andrews
whether or not liability insurance was available or in place for officers that may be
engaged to work details under this program. Detective Andrews stated that there may be
liability for those officers who are injured while working under this program. He
emphasized the value of having a trained police officer available at or near any area
where a crime may be committed.
Upon being recognized, Councilor Maldonado posed questions about liability and
whether or insurance coverage would extend to “non-active” police officers. Detective
Andrews stated he was not sure about the extent of coverage for such officers. He stated
that he believed that retired police officers are likely to have continued health care
110
coverage through their retirement benefits and that health care coverage for laid off
officers would probably be extended through the COBRA program.
Council President Moran stated that he wanted to be sure that Detective Andrews
adequately made his point regarding the matter presented.
Marcos Ayala, Lawrence Patrolman’s Association Member and Lawrence Police
Officer, discussed the importance of having trained individuals on “detail duty” and cited
the recent incident at McCann’s Liquor Store as an example where officers who were
working details were engaged to assist with great success. He stated that use of retired
police officers and laid off police officers to conduct work details will help increase the
presence of police trained individuals which in turn will assist law enforcement in the
City of Lawrence.
Mark Rivet, retired Lawrence Police Officer, spoke in support of the Home Rule
Petition and stated that either his insurance or the contractor’s insurance would be
available to cover any losses if he were injured while working a detail assignment under
this program.
A Lawrence Police Officer who had been laid off approximately nine months ago
[name unintelligible], stated that being laid off has been extremely difficult financially
and the proposed Home Rule Petition will help him and other laid off police officers with
some help to maintain their families and homes while they continue to look for work. He
stated that although the cost of his insurance has risen dramatically since being laid off,
any loss resulting from injury would be paid by his insurance.
111
Upon being recognized, Councilor Laplante presented a motion to approve the
Home Rule Petition which was seconded by Councilor Bernal. After a brief discussion
offered by Councilor Laplante, Councilor Laplante moved to amend his motion for
approval to amend those provisions of the Home Rule Petition sections to specifically
state that the petition is to be for hiring retired and laid off police officers for “road detail
work”. At the request of Councilor Laplante, Detective Andrews clarified that the
intention of the petition was to hire retired and laid off police officers for “road detail
work” and not to replace regularly employed officers.
Upon being recognized, Councilor Rivera posed questions to Detective Andrews
who explained the manner which “road details” are made available to the active police
officers. Detective Andrews also explained that this manner of assignment would
continue and any assignment of such work to retired and laid off police officers would
result only after the jobs were made available and not filled by active police officers.
Upon being returned the floor, Councilor Laplante discussed the favorable aspects
of the Home Rule Petition indicating that the measure will result in the availability of
people trained as police officers who could act and respond to incidents and situations in
a timely and reasonable manner without additional cost or expense to the taxpayer.
Councilor Laplante concluded by urging the Council Members to approve the measure as
presented in the motion to approve.
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Upon being recognized, Councilor Almonte clarified that if the measure is
approved that the retired police officers available for work would be hired first and then
laid off police officers would be hired for such work.
Councilor Maldonado stated that possible liability and resulting costs the City of
Lawrence may incur remain of some concern and suggested the measure be tabled to
allow the matters of concern to be addressed. He stated that he is presently unable to
support the measure for this reason.
Upon being granted the floor, Councilor Almonte posed questions to Detective
Andrews who discussed liability issues that may arise and possible resolution. Detective
Andrews informed the Council Members that there have been no liability issues of this
nature over the past ten years.
Upon taking the floor, Council President Moran stated that the real issue at hand
is to have all laid off officers return to the force.
Upon being recognized, Councilor Aquino stated that she agrees the item should
be tabled pending resolution of issues concerning possible liability.
Upon being granted the floor, Councilor Twomey stated that he supports the
measure and that he would be voting to approve it.
Upon taking the floor, Council President Moran suggested that the liability issue
presented should not remain as an issue which would expose the City of Lawrence to
possible liability.
At the invitation of Councilor Laplante [being granted the floor] Detective
Andrews stated that the City of Lawrence has been successful in eleven of twelve law
113
suits brought against the Lawrence Police. He stated that he believes liability to
be minimal in this circumstance and urged the Council to approve the petition.
Upon the conclusion of Detective Andrews and no further discussion or comment
offered by the Council Members, Councilor Laplante moved to “table” the measure
which was seconded by Councilor Bernal and voted upon by the Council Members
present as follows: Yes-5: No-3: Absent -1
Doc. 1/11: Tabled
Upon conclusion of the proceedings concerning the above measure, Councilor
Maldonado presented a motion to send correspondence to the appropriate offices in
surrounding Cities and/or Towns [ie: Methuen, Andover] to request if information
concerning liability issues where retired and laid off officers are hired to conduct road
work details can be provided. Councilor Maldonado also suggested that Personnel
Director Frank Bonet also be sent the same correspondence in order to obtain information
regarding the issue of Municipal Liability. The motion was seconded by Councilor
Laplante. A discussion ensued among the Council Members regarding the “self insured”
status currently maintained by the City of Lawrence and a recent memo sent by City
Attorney Boddy touching upon the issue of liability.
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Upon no further comment or discussion by the Council Members, the Council
Members present voted unanimously to send the above correspondence [7-0] [Councilor
Twomey being absent from the Council Chamber at the time the matter was presented for
a vote].
[Upon a motion to recess proceedings presented by Councilor Rivera as seconded
by Councilor Almonte, the Council Members voted
unanimously [8-0] to recess proceedings at 8:35 p.m.]
[Upon a motion to resume proceedings presented by Councilor Rivera as seconded
by Councilor Aquino, the Council Members voted
unanimously [8-0] to resume proceedings at 8:43 p.m.]
Doc. 15A/11: LHS Project – Legal Fees: $290,753.98 plus Consultant/Expert
Witness Fees: $30,000.00 – Total $320,753.98-Budget and Finance Cmt.-Approved
At the request of Council President Moran, Councilor Rivera presented the report of
the Budget and Finance Committee and moved to approve the measure as presented. The
motion was seconded by Councilor Maldonado.
Upon being granted the floor, Rivera discussed the proceedings before the Budget
and Finance Committee concerning this item informing the Council Members that the
information provided by Acting Superintendent of Schools Mary Lou Bergeron appears
in the “blue folder” provided by her and also appear in the Council Package materials
sent by computer transmission.
At the invitation of Council President Moran, Acting Superintendent of Schools Mary
Lou Bergeron reviewed the costs and expenses associated with the report presented with
particular regard for costs associated with legal expenses and construction. She also
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discussed costs attributable to litigation and efforts that will be made to recoup all costs
and expenses.
Upon being recognized, Councilor Laplante inquired as to whether or not issues
pertaining to litigation are more appropriate for discussion in executive session. A
discussion ensued between Councilor Laplante and Councilor Rivera concerning the
appropriateness of executive session particularly when there is pending litigation.
Councilor Laplante then moved to convene to executive session which was seconded by
Councilor Rivera and unanimously [8-0] approved by the Council Members present.
Councilor Bernal asked the City Clerk if the application documents were on file with the
Office of the City Clerk. The City Clerk stated that the CORI form and the State
Transient Vendor’s License copy were not yet filed.
Councilor Bernal then moved to table the item which was seconded by Councilor
Rivera unanimously approved by the Council Members presented [8-0].
[Upon a motion to recess proceedings presented by Councilor Laplante as seconded
by Councilor Rivera , the Council Members voted unanimously
[8-0] to convene proceedings into executive session at 8:59 p.m.]
[Upon a motion to terminate executive session and resume proceedings presented by
Councilor Twomey as seconded by Councilor Alomonte, the
Council Members voted unanimously [8-0] to terminate executive session and
resume proceedings at 9:12 p.m.]
Upon resumption of proceedings, Council President Moran stated that the reason for
convening into executive session was due to pending litigation on the items being
publicly presented on the City Council Agenda at this time. Upon no further comment or
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discussion regarding this item, Council President Moran closed the discussion portion of
the proceedings and called upon the Council Members for their consideration.
The Council Members voted unanimously [8-0] to approve the measure presented.
Doc. 15B/11: Guilmette School: Legal Fees $298,500.00–
Budget and Finance Cmt.-Approved
Upon being recognized, Councilor Laplante asked Acting Superintendent Bergeron if
there is any reason she can devise as to why the measure should not be approved. Acting
Superintendent Bergeron stated that she is advocating for “approval” of the item
presented and would not like to provide any opinion that advocates the opposite of her
intentions.
Upon being recognized, Councilor Bernal stated it may be inappropriate to provide
information that is either adverse or contrary to the interest beneficial to the City of
Lawrence which may be used to defeat efforts to successfully recoup costs and expenses
in future proceedings.
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measure, the Council Member voted unanimously [8-0] to approve the measure
presented.
Doc. 15C/11: Guilmette School Work: FY 12 Phase II - $780,000.00 –
Budget and Finance Cmt.-Approved
Upon request of Council President Moran, Acting Superintendent Bergeron discussed
and explained the source of costs and expenses uncured by the Lawrence School
Department pointing out the different treatment for the payment of expenses eligible for
Chapter 70 funding and construction work which may not be eligible for such payment.
Superintendent stated that it is anticipated that return to classes at the Guilmette School
may be around April vacation.
Upon being recognized, Councilor Almonte stated that the alternative class locations
provided at the Storrow School during the past months have worked well for the students
and neighborhood.
Upon being granted the floor, Councilor Rivera stated that the process of reviewing
the costs and expenses attendant to the items submitted for consideration were
appropriately conducted with due care and diligence. He stated that all information
provided to the Council Members is available for public inspection upon request.
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Council President Moran commented that although the financial information may be
considered public, any material that may be related to the litigation of the matter might
not be “public”.
Doc. 15C/2011: Approved
Upon being recognized, Councilor Bernal presented a motion to address the following
items as a “block” as they each are presented to request the Council Members to order a
public hearing. The motion was seconded by Councilor Almote and unanimously
approved [8-0] by the Council Members present.
Doc. 9/11: Handicapped Parking – 129 Willow Street – Ord. Cmt.Public Hearing Orderd
Doc. 18/11: Parking – near the driveway of 341D and 343 South Broadway Street –
Ord. Cmt.-Public Hearing Ordered
Doc. 19/11: Handicapped Parking – 9 Ferguson StreetOrd. Cmt.- Public Hearing Ordered
Doc. 28/11: Parking – 53-55 Bowdoin Street – Ord. Cmt.- Public Hearing Ordered
Doc. 30/11: Stop Sign – eastbound on Farnham, Bailey, Abbott, Andover @
Shawsheen St. – Ord. Cmt. – Public Hearing Ordered
At the request of Council President Moran, Councilor Bernal presented a report of
the Ordinance Committee on each of the above measures informing the Council Members
that each item has been forwarded to the Full Council to enter an order for a public
hearing. The reports were presented in the form of a motion to order a public hearing on
each measure which was seconded by Councilor Twomey and unanimously approved by
the Council Members present [8-0].
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Doc. 32/11: Massachusetts Electric d/b/a National Grid – permission to locate
poles, wires and fixtures at 439 Haverhill St. at Colony Foods – Ord. Cmt. –
Public Hearing Ordered
present [8-0].
Doc. 33/11: Verizon – permission to place underground conduits at Merrimack
Street – Ord. Cmt. – Public Hearing Ordered
present [8-0].
Doc. 35/11: Rededication of the Pfc. Louis Frodyma plaque to be placed at the
corner of Haverhill and Union Sts. – Ord. Cmt. – Approved
of the Ordinance Committee to approve the measure as presented. Councilor Bernal
informed the Council Members that the original plaque had been recently found and the
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rededication will be for the installation of the original plaque at the corner of Haverhill
Street and Union Street. The report was presented in the form of a motion to approve the
installation of the plaque memorializing and honoring Pfc. Louis Frodyma which was
present [8-0].
Doc. 38/11: Council Pre-Budget Community Input and Year End Review –
Ordinance – Ord. Cmt. – Public Hearing Ordered
seconded by Councilor Aquino and unanimously approved by the Council Members
present [8-0].
Doc. 22B/11: Home Rule Petition – to regulate a specific class of “HUD” – Hsg
Cmt. - Public Hearing Ordered
report of the Housing Committee. Councilor Laplante moved the Council Members to
accept the report which was seconded by Councilor Bernal and voted unanimously [8-0]
by the Council Members. Councilor Laplante then presented a motion to order a public
hearing on the measure which was seconded by Councilor Almonte and unanimously
Doc. 22B/11: Public Hearing Ordered
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VII. WITHDRAWALS:
Doc. 361/10: Human Rights Commission – review of ordinance –
Ord. Comm. – Withdrawn
of the Ordinance Committee to withdraw the measure. Councilor Bernal informed the
Council Members that the Ordinance Committee recommends the withdrawal of the
above measure stating that the Human Rights Commission has improved its procedural
aspects by properly posting meetings. keeping contemporaneous minutes, and filing those
minutes with the Office of the City Clerk. The report was presented in the form of a
motion to withdraw the measure which was seconded by Councilor Aquino and
VIII. OLD BUSINESS:
Doc. 138/07: Surplus Declaration – 17-19 Pleasant Street –(Tax Map #68, Lot 13) –
Daniel McCarthy, Land Use Planner – Award of 1-4-11 Amended
Council President Moran introduced the measure and informed the Council Members
that the Council Members voted on January 4, 2011 to award the above City Surplus
Property to “George Daher Construction”. He explained that the award to that entity was
an error and the recommended award from the Planning Office was to “The Daher
Group, Inc.”
Upon being recognized, Councilor Laplante moved to amend and correct the vote and
award of the City Council dated January 4, 2011 to reflect the award of the real
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property to “The Daher Group, Inc.” The motion was seconded by Councilor Aquino and
approved by the Council Members as follows: Yes – 7; No – 0; Abstain – 1;
Absent – 1:
Councilor Almonte - Abstain
Doc. 138/07: Vote Amended/Corrected
IX. TABLED MATTERS:
339/10 Under Rule 25 – amendment of rules
34/11 Transient Vendor License – Orlando Lopez – 103 Bellevue Street
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X. NEW BUSINESS:
39/11 Coordinator of Mayor’s Health Task Force within the Community Development
Department – creation of position-James H. Barnes, Director-Ord. Cmt.
42/11 Second Hand Dealer License – Luis R. Polanco – 406 Essex Street-Ord. Cmt.
44/11 Huse Street – request to convert from one-way to two-way traffic –
Counc. Maldonado & Council Vice Pres. Silva-Ord. Cmt.
45/11 Acceptance of Spicket River Greenway Easements – Art McCabe, Manager,
Community Development-Hsg. Cmt.
46/11 National Grid Easement for Howard Playstead Improvements – grant–
Art McCabe, Manager, Comm. Development-Hsg. Cmt.
47/11 City Fiscal Year 2012 CDBG and HOME Grant funding recommendation – James
H. Barnes, Community Development Director-Budget & Fin. Cmt.
48/11 Surplus Declaration – 33-35 Tremont Street – (Tax Map #168, Lot 95) – Richard
Burke, Real Property Acquisition/Disposition Specialist-Hsg. Cmt.
49/11 Fees Increases – recommended – Inspectional Services - David A. Camasso,
Comptroller-Ord. Cmt.
50/11 City Clerk’s Office – proposed fee amendments - William J. Maloney,
City Clerk-Ord. Cmt.
XI. ADJOURNMENT:
Upon Motion of Councilor Maldonado duly seconded by Councilor Aquino, the
Council Members present voted unanimously [8-0] to Adjourn.
ADJOURNED
(9:35p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, April 5, 2011
A REGULAR MEETING of the City Council was held on Tuesday, April 5, 2011
at 7: 04 p.m. in the City Council Chamber with all Members present.
Approximately Sixty two [62] persons were present.
of City Council Meetings conducted March 15, 2011 were submitted by the City Clerk
accept the minutes.
Ivan Cruz, 15 Crosby Street, Lawrence, MA discussed they FY’2012 Budget to be
settled in the near future. He stated his opposition to any cuts that may be proposed for
Public Safety.
Ellie Curtin, resident of Brunswick House, 98 Essex Street, Lawrence, MA discussed
the possibility of arranging for resident sticker parking for Brunswick House
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[Tuesday, April 5, 2011]
residents Street. She suggested that parking could be reserved on Jackson Street near the
apartment complex.
Vicente de la Rosa, 59 Boxford Street, Lawrence, MA spoke in support of the FY
2012 Budget to include affordable housing. He deferred to speak later on the Home Rule
Petition.
Carlita Martinez, deferred to speak at the public hearing on the Affordable Housing
Home Rule Petition.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke of the importance of the
2011 Municipal Elections to improve the quality of life in Lawrence.
Wayne Hayes, 84 Genesee Street, Lawrence, MA spoke in favor of the proposed
zoning change petition for Jacques’ Pond.
Joyce Aliva, 106 Bunkerhill Street deferred to speak later on the Home Rule Petition.
Alan Andrews President, representing the Lawrence Patrolman’s Association,
thanked the Council Members for publicly supporting the Lawrence Police Department.
William Green, a laid off Lawrence Police Officer, expressed his disgust with the
Mayor’s position on Public Safety. He stated that he was not pleased that some of the
Council Members chose to remain silent in face of the Mayor’s attack on Public Safety.
Mark Rivet of Lawrence deferred to speak at a later time.
Joseph Beaulieu, representing the Lawrence Police Association, spoke in support of
Councilor Laplante’s proposal in support of public safety. He stated that there is a direct
correlation between the recent rise in crime and public safety budget cuts.
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Scott McNamara, President of the Lawrence Police Superior Officers Association.
spoke in support of Councilor Laplante’s proposal in support of public safety.
Reverend Edwin Rodriguez, 234 Haverhill Street, Lawrence, MA spoke in opposition
to any cuts to Public Safety and Education.
Lindy Galland, 196 West Street, Lawrence, MA praised Mayor Lantigua and Chief of
Staff Leonard Degnan for their efforts leading to the firing of Phil Laveriere [the former
Director of the Community Action Council]. She discussed the need to improve
management of the Greater Lawrence Community Action Council.
Adalgisa Nunez, 30 Bradford Street, Lawrence, MA did not appear to speak.
Juan Rosario, 65 Franklin Street, Lawrence, MA deferred to speak later on the Home
Rule Petition.
Clara Gomez, 127 Lowell Street, Lawrence, MA deferred to speak later on the Home
Rule Petition.
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA commented on the recent public
forum on lead abatement programs. He stated that he had proposed that City of
Lawrence Department Managers be required to “sign in” and “sign out” of the office as a
means to regulate time and to limit vacation time accruals.
John Lydon, 9 Monroe Street, Lawrence, MA spoke in support of the Lawrence
Police Department. He suggested the Greater Lawrence Community Action Council and
other locations occupied by “non-profit” agencies be required to pay taxes for the
buildings they use. He stated that it is not good policy for the Mayor to speak out against
the Lawrence Police.
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Denise Murray, 107 Garden Street, Lawrence, MA discussed the murder of her son
and stated her support of the Lawrence Police. She stated that Public Safety should be
prioritized in all future budget approvals.
Lee Fickenworth, 44 Abbott Street, Lawrence, MA stated that her son was also
murdered and spoke in support of maintaining and funding the Lawrence Police
Department.
Chally Ramos, 105 Bailey Street, Lawrence, MA expressed his support of the home
rule petition for affordable housing presently before the City Council for consideration.
He also stated that cuts to the Lawrence Police Department cannot be part of any future
Budget.
Upon conclusion of the public comment session, Council President Moran called the
Meeting of the Lawrence City Council to order.
Upon being recognized, Councilor Rivera moved to take document 65/11 out of the
order appearing on the agenda. The motion was seconded by Councilor Almonte and
III. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 65/11: Resolution – In Recognition of the 2010-2011 Lawrence High School
Basketball Team – Counc. Twomey – Presented
Council President Moran brought the measure to the attention of the Council
Members present and called upon Councilor Twomey to present the Resolution.
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Councilor Twomey presented the Resolution to the Council Member and public
and praised the success of the 2010-2011 Lawrence High School Basketball Team.
Councilor Twomey introduced the recipients of the Resolution and distributed a
resolution memorial to each of the named recipients.
Doc. 65/11: Presented
Councilor Rivera presented a motion to take document 69/11 out of the order
appearing on the agenda. The motion was seconded by Councilor Almonte and
Doc. 69/11: Resolution – Lawrence High School Wrestling Team – Councs.
Laplante and Bernal – Presented
Members present and called upon Councilor Laplante and Councilor Bernal to present the
Resolution.
Upon being recognized, Councilor Laplante, with the assistance of Councilor Bernal,
offered praise and recognition of the 2010-2011 Lawrence High School Wrestling Team
and pointed out their success as State Champions in the 2010-2011 season. Councilor
Laplante also commented on the dedication and leadership of their coach and assistant
coaches. Councilor Laplante stated that a printed copy of the Resolution is being
prepared and will be forwarded to each of the 2010-2011 Lawrence High School
Wrestling Team Members.
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Councilor Almonte presented a motion to take document 22B/11 out of the order
IV. PUBLIC HEARINGS:
Doc. 22B/11: Home Rule Petition – to regulate a specific class of “HUD” – hearing
held –Approved
Council Members.
Mr. Nunez of Lawrence spoke in support of the petition. He urged the Council
Members to approve the Home Rule Petition as presented.
John Lydon, 9 Munroe Street, Lawrence, MA suggested the housing units on
Bradford Street be converted and sold as condominiums in order to generate more tax
revenue rather than approving a measure that would assure additional tax based support
of public.
Vicente de le Rosa, 59 Boxford Street, Lawrence, MA spoke in support of the
Home Rule Petition which he stated would allow low income and disabled people the
ability to afford the homes where they live.
Carilta Martinez, a Methuen resident, spoke on behalf of her father and uncle in
support of the Home Rule Petition.
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Clara Gomez and her daughter, 127 Lowell Street, Lawrence, MA spoke in
support of the home rule petition.
Juan Rosario, 65 Franklin Street, Lawrence, MA spoke in support of the Housing
Petition for Affordable Housing.
Wendy Luzon, 11 Albion Street, Lawrence, MA urged the Council to approve the
Affordable Housing Petition as presented. She stated that residents who live in Sycamore
Village residents will be homeless unless the petition is approved.
Mr. Vasquez, 102 Auburn Street, Lawrence, MA spoke in support of the Home
Rule Petition presented.
Elvia Alvarado, a Methuen resident, spoke in favor of the Home Rule Petition.
Nelson Button [no address provided] spoke in favor of the Home Rule Petition.
Upon being granted the floor, Council Vice President Silva presented a motion to
approve the Home Rule Petition to regulate Affordable Housing. The motion was
Upon being granted the floor, Councilor Bernal discussed the applicability of the
Home Rule Petition with Council President Moran who informed the Council Members
that the Petition covers all Housing Developments in the City of Lawrence.
Upon invitation, Michael Kane, representative of The Massachusetts Housing
Coalition, addressed the Council Members about the substructure and procedural aspects
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of the petition from the approval by the City Council through the State Legislative
process.
In response to questions posed by Councilor Bernal. Mr. Kane discussed the
resulting impact if the measure were not approved. Mr. Kane provided the Council
Members with information regarding federally subsidized Section 8 funding stating that
approval of the measure would not result in the additional cost or taxes to the residents of
Lawrence.
Upon being granted the floor, Councilor Twomey posed questions to Mr. Kane
about the effect upon property owners participating in the program subsidy.
Upon being granted the floor, Councilor Maldonado informed the Council about
the manner that Affordable Housing measures are implemented in communities like
Lawrence. He spoke in support of the Home Rule Petition presented and urged the
Council Members to support the measure as well.
Upon a motion to approve the measure presented by Council Vice President Silva,
as seconded by Councilor Aquino, the Council Members present voted as follow to
approve the Home Rule Petition – to regulate a specific class of “HUD”. Yes-7; No-2
Councilor Almonte - yes
Councilor Laplante -No
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appearing on the agenda. The motion was seconded by Councilor Bernal and
V. COMMITTEE REPORTS:
Doc. 36/11: FY 2010 Independent Audit – Budget and Finance Cmt. – Approved
the Budget & Finance Committee to accept the report presented. The motion to accept the
report was seconded by Councilor Maldonado and unanimously [9-0] accepted by the
Council Members present.
A power point presentation regarding the FY 2010 audit results and report was
provided to the Council Members and public by Lawrence Overseer Robert Nunes.
Upon being granted the floor, Councilor Rivera discussed FY’2011 Appropriations
and cross-use funding allocations. Councilor Rivera also discussed the reduction in State
aid citing that approximately 11 million dollars in state aid was no longer available. [A
discussion ensued about State Aid for Education in relation to overall State Aid amounts].
Upon being granted the floor, Councilor Twomey posed questions about the legality
of the “Health Care Holiday”. Mr. Sullivan of “Powers and Sullivan” discussed and
explained the use of funds subject to the audit conducted.
133
Upon being granted the floor, Councilor Rivera posed further questions to Mr.
Sullivan regarding the use of funds to support the “Health Care Holiday” pointing out the
lack of appropriation.
Upon being granted the floor, Councilor Laplante inquired about possible deficit of
legal fees in the City Attorney’s Office. Mr. Nunes suggested the deficit in legal fees
may be approximately $100,000.00. Chief of Staff Leonard Degnan provided additional
information concerning anticipated legal expenses that may result from the cost of
representation at trial. [A discussion ensued between Chief of Staff, Degnan and
Councilor Laplante regarding settlement and negotiation of claims].
Councilor Laplante posed further questions regarding funds captured by the
Administration and the use and allocation of these amounts.
[Councilor Twomey left the meeting at 9:27 p.m.]
Upon being granted the floor, Council Vice President Silva discussed receipts not
yet received from FEMA and suits pertaining to misappropriations of funds in the Water
Department. She suggested these matters should have been included in the audit and
appropriate legal measures taken upon the discovery of misappropriation of funds that
may be revealed. Council Vice President Silva also stated that conducting FY 2012
budget proceedings should start much earlier than June 2012. She stated that such a late
start may not afford much time to provide a meaningful review and comprehensive study
of any proposed budget. Chief of Staff Degnan suggested that the Administration and
Council are being extremely cautious about the timing of preparing and advancing an FY
2012 budget because preparation of figures completed too early may have a detrimental
134
result on projected expenditures and liabilities. [A discussion ensued between Chief of
Staff Degnan and Council President Moran regarding the FY’2012 Budget process]
Overseer Nunes addressed the Council Members concerning Legislative
reductions imposed in the FY’2011 Budget which may have further impact upon FY
2012 budgetary consideration.
Upon being granted the floor, Councilor Laplante asked if the Administration
anticipates hiring a New Finance Director in accord with the recently approved position.
Mr. Nunes stated the Mayor is presently engaged in the interview process for the
position.
Upon being granted the floor, Councilor Rivera clarified the vote to be taken on
this measure for the Council Members consideration. He stated that he is personally
insulted by any implication that funds are not being expended or allocated for Public
Safety staffing and projects in the City of Lawrence. He pointed out that none of the
Council Members or anyone else involved with the City of Lawrence wants to limit
public safety in any way. He stated that the budgetary reality and constraints dictate the
available funds for all services in the City of Lawrence and stated that anyone who states
that funds are readily available to expend for Public Safety or any other program is
simply untrue.
Upon no further inquiry, comment or discussion, Council President Moran called
upon the Council Members present to consider the matter presented.
measure presented. The motion was seconded by Council Vice President Silva and the
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Council Members present voted unanimously [8-0] to accept the FY 2010 Independent
Audit.
VI. PUBLIC HEARINGS:
Doc.381/10: Overnight Resident Sticker Parking – from 6:00 p.m. to 7:00 a.m. –
ordinance to be amended – Sec. 10.40 – Public Hearing held – Tabled
Council Members.
James Barnes, Community Development Director, addressed the Council Members
and stated that it was his understanding that the legal notice advertising the public hearing
was not complete or sufficient. Director Barnes suggested that he would consult with the
City Attorney and Lawrence Police regarding the item for their assistance and direction
and asked the Council Members to “table” the matter to allow the public hearing to
proceed at a later date. A brief discussion ensued among the Council Members regarding
the public hearing process.
Upon being granted the floor, Councilor Maldonado presented a motion to table the
measure presented and to allow the public hearing to continue. The motion was seconded
by Councilor Bernal and the Council Members present voted unanimously
[6-0] to table the item. [Councilors Rivera, Almonte and Twomey being absent from the
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Council Chamber at the time the vote was recorded].
Doc.381/10: Tabled
Doc. 9/11: Handicapped Parking – 129 Willow Street –
hearing held – Approved - 30 Days Waived
presented.
Upon a motion to approve the measure presented by Councilor Maldonado, as
approve the measure. A further motion presented by Councilor Maldonado to waive the
30 days waiting period required by section 3.8(a) of The Lawrence City Charter was duly
seconded and unanimously approved by the Council Members Present [6-0][Councilors
137
Rivera, Almonte and Twomey being absent from the Council Chamber at the time the
vote was recorded].
Doc. 9/11: Approved-30 days Waived
Doc. 18/11: Parking – near the driveways of 341D and 343 South Broadway – No
parking signage – hearing held – Approved
Council Members.
Upon being recognized, Councilor Bernal informed the Council Members that the
address location should be cited as 341-343 South Broadway.
approve the measure. [Councilors Rivera, Almonte and Twomey being absent from the
138
Doc. 19/11: Handicapped Parking – 9 Feguson Street –
hearing held – Approved
Council Members.
Upon a motion to approve the measure presented by Councilor Laplante as seconded by
Councilor Bernal, the Council Members present voted unanimously [6-0] to approve the
item presented. [Councilors Rivera, Almonte and Twomey being absent from the Council
Chamber at the time the vote was recorded].
[Councilor Bernal presented a motion to conduct Council business past 10:00 p.m.
which was duly seconded by Councilor Maldonado and unanimously
approved [6-0] by the Council Members present]
Doc. 28/11: Parking – 55-57 Bowdoin Street – on street parking restrictions –
139
Council Members.
Upon being recognized, Councilor Bernal informed the Council Members that the
correct address location is “55-57 Bowdoin Street”. Upon notification, the Clerk
corrected the address location to reflect the information provided by Councilor Bernal.
approve the item presented [Councilors Rivera and Twomey being absent from the
Doc. 30/11: Stop Sign – east bound traffic on Farnham, Bailey, Abbott and Andover
Streets at Shawsheen Road – hearing held – Approved
140
Council Members.
Upon the motion of Councilor Rivera for approval and to waive any applicable
thirty (30) day waiting period pursuant to section 3.8(a) of the City Charter, as seconded
by Councilor Aquino, the Council Members present voted unanimously to approve the
measure as presented. [8-0]. [Councilor Twomey being absent from the Council
Doc. 30/11 – Approved [30 day period waived]
Doc. 32/11: Massachusetts Electric d/b/a/ National Grid–permission to locate poles,
wires and fixtures at 439 Haverhill Street & Railroad Street @ Colony Foods –
Council Members.
141
David Agnew, a representative of National Grid, presented the proposal to the
Council Members present and requested their approval.
Doc. 33/11: Verizon – permission to place underground conduits at Merrimack
Street – hearing held – Approved
Council Members.
Attorney Joseph Gleason, representing the Verizon Company, presented the
proposal to the Council Members and requested their approval.
Upon being granted the floor, Councilor Laplante requested that the petition be
required to notify the Department of Public Works in order to obtain a final inspection
142
upon completion of the work done at the site. A discussion ensued about the duties and
responsibilities of the Department of Public Works and the Inspectional Services
Department to inspect and approve work completed by contractors working at public
locations.
Doc. 38/11: Council Pre-Budget Community Input and Year End Review –
Ordinance – hearing held - Approved
Council Members.
Nelson Button, 7 Marble Avenue, Lawrence, MA spoke in support of the measure
presented.
143
measure which was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Rivera explained the purpose of the
propose amendment to the ordinance. Councilor Rivera read the proposed amendment to
the ordinance into the record of proceedings and added the following
[underlined/italicized] language to subsection 2.04.010(B)(1): “The minutes of the
meeting to be forwarded to the Mayor for non-binding review and consideration.”
seconded by Councilor Maldonado, the Council Members present unanimously [8-0]
approved with the proposed amendment.
VII: Communication from Mayor, City Officials & City Attorney:
Doc. 64/11: Planning and Economic Development Office – discussion of relocation,
rent, bid process, etc. – Council Vice President Silva - Ref. to Budget & Finance
Council Vice President Silva introduced the explained the purpose of the item.
Council Vice President Silva moved to send a letter to invited Patrick J. Blanchette, Chief
Economic Development Director and James Barnes – Community Development Director
to attend the sub-committee to report on the funding of the recent moving costs and
expense incurred to move the Community Development and Planning Offices from
Haverhill Street to Essex Street.
144
Upon being granted the floor, Councilor Bernal stated that an inquiry by Council
should not be considered a suggestion of any impropriety. She stated that it is always a
good idea to ask question and inquire about matters to assure they are proper in all
respects.
Upon no further inquiry, comment or discussion Council President Moran referred the
matter to the Budget & Finance Committee.
Doc. 64/11: Ref. to Budget & Finance
Doc. 67/11: FY 2012 Police and Fire Budgets – Counc. Laplante –
Ref. to Budget & Finance
Upon being granted the floor, Councilor Laplante discussed the importance of
providing for adequate Police and Fire protection through the FY’2012 Budget. He
suggested the Council inform the Mayor that any Budget proposing cuts to Public Safety
will not be supported. Councilor Laplante advanced a proposed document supporting the
stated proposition for consideration of the Council Members.
Upon being granted the floor, Councilor Almonte sated that none of the Council
Members oppose public safety or funding public safety through the City Budget process.
She indicated that the reduction in revenues has had an adverse impact on all City
Departments. Councilor Almonte suggested that all City Department should be subjected
to a “freeze”.
Upon being granted the floor, Council Vice President Silva suggested the Council
should issue a “Resolution” to provide notice to the Mayor and public of the position of
the City Council regarding this matter. She suggested that a Resolution is more
appropriate.
145
Council President Moran stated that a vote on this matter is not merely
“symbolic” but would be a substantive directive to the Mayor. [A discussion ensued
between Council President Moran and Council Vice President Silva regarding the item
presented].
Upon being granted the floor, Councilor Bernal agreed that the item subject to
discussion is more than symbolic. She stated that executing the proposed document
submitted by Councilor Laplante may undermine the incentive for public safety unions to
negotiate with the Administration. Councilor Bernal suggested that the result [though
unintended] may be that the unions may fail to reach any further concession regarding
contract negotiations.
Upon being granted the floor, Councilor Rivera commented that the proposed
letter is a simple solution to a complex problem and should not be considered.
Upon being granted the floor, Councilor Maldonado stated that the letter should
be sent to the Subcommittee for further proceeding.
Upon being granted the floor, Councilor Laplante stated that the present financial
crisis is marked with increased criminal activity. He stated that the proposed notice
underscores the seriousness of the problem and suggested that one of the conditions that
trigger the implementation of an oversight board is the failure to adequately provide for
public safety. He stated that despite the best efforts of all concerned to address financial
issues, public safety has to be paramount to all budgetary concerns and actions of the
Council.
146
[Councilor Laplante presented a motion to conduct Council business past 11:00 p.m.
which was duly seconded by Council Vice President Silva and unanimously
approved by the Council Members present [7 in favor -2 absent][Councilors
Twomey and Almonte being out of the Council Chamber at the time of the vote]
Upon continuing, Councilor Laplante stated that the proposed letter memorializes
the importance of the issue as affirmed by each Council Member.
Upon no further inquiry, comment or discussion Council President Moran
referred the item to the Budget & Finance Director.
VIII. APPROPRIATIONS-ORDERS-RESOLUTION:
Council President Moran called the following two matters to the attention of the
Council Members as appearing on the Agenda which were referred as indicated:
Doc. 66/11: Appropriation Transfer–Fire Department-from Tuition to Uniform
Replacement-$15,000.00– Chief Jack Bergeron – Ref. to Budget & Finance
Doc. 70/11: Appropriation Transfer – Fire Department – David A. Camasso,
Comptroller – Ref. to Budget & Finance
IX. COMMITTEE REPORTS:
Doc. 355/10: Lawrence Street – closing between Haverhill and Lebanon Streets at
the time of dismissal of the Oliver School and School of Exceptional Studies in the
former Lawrence High School building on Haverhill Street – (School days
from 2:30 p.m. to 3:00 p.m. – Ord. Cmt.-Tabled/ Letter to School Cmt.
of the Ordinance Committee and moved the Council Members to accept the report
presented. The motion to accept the report was seconded by Councilor Almonte and
unanimously [7-0] approved by the Council Members present.
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Councilor Bernal presented a motion to order a public hearing on the item which
was seconded by Councilor Maldonado.
Upon being granted the floor, Council Vice President Silva suggested tabling the
measure until Acting Superintendent Bergeron, the School Principal, School Committee
Member Reyes, and Office Scanlon can be heard by Council due to the unfavorable
report and recommendation filed by Office Scanlon. Vice President Silva suggested that
the unfavorable recommendation appears to be based on a possible lack of sufficient
police personnel to conduct enforcement of the traffic measure the item presented entails.
A discussion ensued between Council Vice President Silva and Councilor Bernal
regarding the item. Upon conclusion, Councilor Bernal withdrew her motion to order a
public hearing and moved to forward a letter inviting Acting Superintendent Bergeron,
the School Principal, School Committee Member Reyes, and Office Scanlon to attend the
City Council Meeting of April 19, 2011 in order to address this matter. Councilor Bernal
also moved to “table” the measure. The motions were seconded by Councilor Maldonado
and unanimously [8-0] approved by the Council Members present.
Doc. 355/10: Tabled/ Letter to School Cmt.
Doc.394A/10: Parking – South Union Street between Boxford and Andover Sts.
(East Side)–(One Hr Parking Locations-and-No Parking Locations) -Ord. Cmt. Public Hearing ordered
Doc. 394B/10: Parking – South Union Street between Boxford and Andover Sts.
(West Side)–(15 Min. Parking and No Parking Locations) -Ord. Cmt.-Public
Hearing ordered
Doc. 394C/10: Parking – South Union Street between Boxford and Andover
Sts.(DELETE-all prior parking restrictions existing on East and West
Sides of South Union Street between Boxford and Andover Streets).Public Hearing ordered
148
of the Ordinance Committee stating that the Ordinance Committee split Doc. 394/2010
into three separate measure in order to address the proposed parking ordinances to be
ordered to public hearing. The report was presented in the form of a motion to order a
public hearing which was seconded by Councilor Almonte and unanimously approved by
Doc. 394A/10; 394B; 394C: Public Hearing Ordered
39/11: Coordinator of Mayor’s Health Task Force within the Community
Development Department – creation of position – Ord. Cmt. –
Public hearing ordered
seconded by Councilor Rivera and unanimously approved by the Council Members
present [8-0].
39/11: Public Hearing Ordered
Doc. 49/11: Inspectional Services - Fees Increases recommended – Ord. Cmt.Public hearing ordered
present [7-0] with Council Vice President Silva abstaining.
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Doc. 50/11: City Clerk’s Office – proposed fee amendments – Ord. Cmt.-Public
hearing ordered
report was presented in the form of a motion to order a public hearing and seconded by
Councilor Rivera and unanimously approved by the Council Members present [7-0] with
Council Vice President Silva abstaining.
40/11: Lawrence Housing – review – Hous. Cmt. – Recommitted to Hsg Cmt.
report of the Housing Committee and moved to recommit the item to the Housing
Subcommittee for further proceedings. The motion was seconded by Council Vice
President Silva and the Council Members present voted unanimously [8-0] to recommit
the item to the Housing Subcommittee.
Doc. 40/11: Recommit to Housing Cmt.
Doc. 45/11: Acceptance of Spicket River Greenway Easements – Hous. Cmt.-Public
hearing ordered
report of the Housing Committee to order a public hearing on the measure presented. The
seconded by Council Vice President Silva and unanimously approved by the Council
Members present [8-0].
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46/11: National Grid Easement for Howard Playstead Improvements Grant –Hous.
Cmt. - Public hearing ordered
report of the Housing Committee to order a public hearing on the measure presented. The
seconded by Councilor Maldonado and unanimously approved by the Council Members
present [8-0].
Doc. 48/11: Surplus Declaration – 33-35 Tremont Street (Tax Map #168, Lot 95) –
Hous. Cmt. – Declared Surplus
report from the Housing Committee to accept the report presented. The motion was
seconded by Council Vice President Silva and the Council Members present voted
unanimously [8-0] to accept the report as presented.
Councilor Laplante moved to declare property located at 33-35 Tremont Street
(Tax Map #168, Lot 95) as surplus City property. The motion seconded by Council Vice
President Silva and unanimously [8-0] approved by the Council Members present.
Doc. 48/11: Declared Surplus
Doc. 47/11: City Fiscal Year 2012 CDBG & HOME Grant funding – Budget and
Finance Cmt. & Public Hearing ordered
of the Budget & Finance Committee to order a public hearing on the measure presented.
The report was presented in the form of a motion to order a public hearing which was
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present [8-0].
X. WITHDRAWALS:
Council President Moran granted Councilor Rivera the floor to present matters
recommended for withdrawal of matters presently pending before the Budget & Finance
Committee. The motion was seconded by Councilor Maldonado and Council Members
present voted unanimously [8-0] to withdraw the following matter from the City Council
Agenda:
Doc. 31/10: Financial Review & Status FY’08 & FY’09 tax receipts – Budget and
Finance Cmt – Withdrawn
Councilor Rivera presented a motion to withdraw the above item currently
pending before the Budget & Finance Committee. The motion was seconded by
Councilor Maldonado and Council Members present voted unanimously [8-0] to
withdraw the item from the City Council Agenda.
Doc. 385/10: PARC Grants status – progress – Budget and Finance Cmt. –
Withdrawn
Councilor Rivera presented a motion to withdraw the above item currently
pending before the Budget & Finance Committee. The motion was seconded by
Councilor Almonte and Council Members present voted unanimously [8-0] to withdraw
the item from the City Council Agenda.
Doc. 386/10: FY 2011 Q1 Financial revenues & expenses – Budget and Finance
Cmt. – Withdrawn
XI. OLD BUSINESS: - None
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XII. TABLED MATTERS:
339/10: Under Rule 25 – amendment of rules
34/11: Transient Vendor License – Orlando Lopez – 103 Bellevue Street
1/11: Home Rule Petition – Laid Off-Police Officers
XIII. NEW BUSINESS:
51/11: Transient Vendor License – Renewal – Los Amigos - Hugo A. Barrientos – 505
Hampshire Street – Ref. to Ord. Cmt.
52/11: Transient Vendor License – Renewal –El Quetzal - Siria Jacinto – 42 Texas
Avenue – Ref. to Ord. Cmt.
53/11: Transient Vendor License – Renewal – El Quetzalito - Manuel Jacinto – 42 Texas
Avenue – Ref. to Ord. Cmt.
54/11: Transient Vendor License – Renewal – La Nueva Era - Francisca Medina – 41
Berkeley Street – Ref. to Ord. Cmt.
55/11: Ministerio Cristo para los Necesitados – request permission to use the
Campagnone Common Park on April 23rd and April 30th, 2011 from 1:00 p.m. to 5:00 for
religious preaching – Jose Salinas – Ref. to Ord. Cmt.
56/11: Lawrence Recreation Department – request permission to use the Campagnone
Common Park from May 2nd to May 8th, 2011 for a fundraiser carnival – Wednesday to
Friday, May 4th to May 6th, 2011, from 6:00 p.m. to 11:00 p.m.; Saturday May 7th, 2011
from 12:00 noon to 11:00 p.m. and on Sunday, May 8th, 2011 from 12:00 noon to 8:00
p.m. – Nelson Ortiz, Program Coordinator – Ref. to Ord. Cmt.
153
57/11: Handicapped Parking – 487 Andover Street – Annette Colon – Counc. Bernal –
Ref. to Ord. Cmt.
58/11: Zoning Change - Jacques Pond – from OSR to Conservation – Counc. Bernal –
Ref. to Ord. Cmt. & Planning Board
59/11: Zoning Change – Fulton Street (Map 88, Lots 97-1 and 97-2 from R-2 to B-2 –
William W. Dow, Deputy Director/Legal Counsel, Greater Lawrence Family Health
Center, 34 Haverhill Street, Lawrence, MA – Ref. to Ord. Cmt. & Planning Board
60/11: Lawrence Little Leagues – Fund Raising tag days – South Lawrence West L.L. on
April 28th, 29th & 30th & June 2nd,3rd & 4th, 2011 - South Lawrence East L.L. on May 5th,
6th, & 7th & June 23rd, 24th & 25th, 2011- Prospect Hill L.L. on May 28th, 29th & 30th,
2011 & June 16th, 17th & 18th, 2011 – Central L.L. on May 12th, 13th, 14th, 19th, 20th &
21st, & June 2nd, 3rd & 4th, 2011 – Tower Hill L.L. on June 9th, 10th, 11th, 16th, 17th & 18th,
2011 – Sy Uliano, Coordinator – Ref. to Ord. Cmt.
61/11: Alexvia Express Transportation changed to new name: Five Stars Express
Transportation, LLC at 600 Essex Street- Deputy Chief Melix Bonilla – Ref. to Ord. Cmt.
62/11: Popular Yellow Corporation changed to new name: Popular Taxi Co., LLC at 83
Jackson Street – Deputy Chief Melix Bonilla – Ref. to Ord. Cmt.
63/11: City of Lawrence Reprecinting and Redistricting – 2011 – Council Pres. Moran –
Ref. to Committee of the Whole
68/11: Information requested on all travel related expenses (non School Department)
since January 5, 2010 – Counc. Laplante – Ref. to Budget & Finance Cmt.
71/11: Fitz and Lawrence Streets – No left turn from Fitz Street onto Lawrence Street –
Council Pres. Moran – Ref. to Ord. Cmt.
XIV. ADJOURNMENT:
Upon Motion of Councilor Rivera duly seconded by Councilor Almonte, the Council
ADJOURNED
(11:31p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, April 19, 2011
A REGULAR MEETING of the City Council was held on Tuesday, April 19, 2011
at 7: 09 p.m. in the City Council Chamber with all Members present.
Approximately Nineteen [19] persons were present.
of City Council Meetings conducted April 5, 2011 were submitted by the City Clerk for
Upon the motion of Councilor Rivera to accept the minutes as presented which
was seconded by Councilor Almonte and unanimously approved [9-0] by the Council
Members present.
Joseph D’Amico 11 Lorenzo Road, Lawrence, MA suggested that City Hall should
have a handicapped parking space near the building close to the handicapped entrance
side. He stated that the employees who work at City Hall should have employee parking
close to City Hall to allow them access to the building.
155
Marco Ayala, Vice President of the Lawrence Patrolman’s Union spoke in favor of
Doc. 1/11 [Home Rule Petition to hire retired and laid off police officers to perform road
detail work].
Mark Rivet, a retired Lawrence Police Officer, spoke in support of the measure
stating that it would provide financial assistance to the officers who likely need it most.
Upon the conclusion of the public comment portion of the proceedings, Councilor
Almonte moved to take document 47/11 out of the order appearing on the agenda. The
motion was seconded by Councilor Rivera and unanimously approved by the Council
Doc. 47/11: City Fiscal Year 2012 CDBG and Home Grant funding
recommendations – Hearing Recommitted to B & F
Council Members.
James Barnes, Community Development Director informed the Council Members
that there were cuts to the grants seriously affecting the anticipated budget receipts of the
2012 Community Development Block Grant funding. Director Barnes suggested the
Council consider tabling the matter, continue the public hearing, and recommit the item
to the Budget & Finance Committee for further proceedings.
156
Upon being granted the floor, Councilor Almonte presented a motion to recommit
the measure to the Budget & Finance Committee for further proceedings and to continue
the public hearing on the measure as may be necessary. The motion was seconded by
Councilor Aquino. After a brief discussion about the recommended process and upon no
further discussion or comment offered by the Council Members present, Council
President Moran closed the discussion portion of the hearing and called upon the
Upon a motion to recommit the measure presented by Councilor Almonte, as
recommit the measure to the Budget & Finance Committee and continue the public
hearing on the item as may be necessary.
Doc. 47/11: Recommit to Budget & Finance/Public Hearing Continued
Councilor Almonte presented a motion to remove document 381/10 from the table
and out of the order appearing on the agenda. The motion was seconded by Councilor
Aquino and unanimously approved by the Council Members present [9-0].
Doc. 381/10: Overnight Resident Sticker Parking – from 6:00 p.m. to 7:00 a.m. –
ordinance to be amended – Sec. 10.40 – Hearing continued- Approved
Council President Moran provided the Council Members with a legislative history
of the measure and asked Community Development Director James Barnes to address
and update the Council Members.
157
Upon being recognized, Director Bares informed the Council Members of his
efforts to obtain sufficient language suitable for use as a City Ordinance. He stated that
he was able to submit and discuss the proposed parking measure with Officer Scanlon of
the Lawrence Police Department and City Attorney Charles Boddy. He informed the
Council Members that although the location of the proposed parking facility was not
physically in place it is planned to be located on the site referenced and appearing on a
detailed engineers drawing of the parking area. He also informed the Council that
Attorney Boddy was able to draft a proposed ordinance on the measure and that the
permit parking would be implemented by facility staff at 50 Island Street. He urged the
Council Members to approve the measure upon the information provided at this meeting
which is the most accurate and reliable regarding the item.
item which was seconded by Council Vice President Silva.
Upon being granted the floor, Councilor Bernal suggested the final engineering
plan should be recorded to reflect the grant of an easement to be on file with the Essex
North Registry of Deeds.
Maggie Superchurch of Lawrence Community Works suggested the survey plan
would be sufficient for the suggested recording purposes.
Continuing, Councilor Bernal presented a friendly amendment to Councilor
Rivera’s motion to require the final easement map and plan be recorded with the North
Essex Registry of Deeds. Councilor Rivera accepted the amendment to the motion for
approval presented.
158
Upon being granted the floor, Council Vice President Silva expressed concerns
about enforcement of the ordinance by the Lawrence Police. Director Barnes explained
that the management company of 50 Island Street would monitor the parking area to
assure that users granted permits were the only individuals parking vehicles at the
assigned locations and would contact the police only to report any violations and request
enforcement if necessary.
unanimously [9-0] to approve the measure with a friendly amendment.
Councilor Laplante presented a motion to remove document 1/11 off the table and
out of the order appearing on the agenda. The motion was seconded by Councilor
Twomey and unanimously approved by the Council Members present [9-0].
Doc. 1/11: Home Rule Petition – Laid Off-Police Officers – Defeated
Councilor Laplante informed the Council Members of the legislative history of
the measure and concluded by stating his position favoring approval of the measure
stating that the item will not only benefit those hired to work the road details but also the
public through the expanded availability of trained police officers working these details.
Councilor Laplante further informed the Council Members that the text of the
proposed measure had been amended at the Council Meeting on March 15, 2011 to
specify that those who are hired to provide their service pursuant to this measure would
be providing “police road detail work”. He stated that his “amendment” is important to
159
assure that anyone hired to work under this measure would not be replacing the service of
full time police officers. Upon inquiry, the City Clerk confirmed the “amendments” cited
by Councilor Laplante were presented and made part of the measure as referenced in the
minutes of the Council Meeting of March 15, 2011.
Upon being granted the floor, Council Vice President Silva stated that there
would be an overall cost savings to the City of Lawrence if the measure were adopted and
implemented.
Upon being granted the floor, Councilor Aquino and Councilor Laplante
discussed the extent of “arrest powers” that would accrue to those hired to conduct road
detail work. The Council Members also discussed the support for this measure
communicated by the Lawrence Police and members of the Auxiliary Police.
Upon being granted the floor, Councilor Laplante stated that it is a great benefit to
have the years of experience and ability of retired and laid off police officers to perform
these work details.
Upon being recognized, Councilor Aquino suggested that road detail work should
also be extended to Lawrence Auxiliary Officers to save additional cost. Councilor
Aquino stated she would support the measure only if it were expanded to all available
officers.
Upon being granted the floor, Council Vice President Silva stated that Auxiliary
Officers have not received the same level of training or required training that regular
officers are required to receive. She stated that Auxiliary Officers are trained to provide
supplemental services to the regular police.
160
Council President Moran, offering comment on the matter, stated that “liability
issues” should be seriously considered particularly when the Chief of Police and City
Attorney provide opinions expressing their concerns that the measure, if approved, would
pose certain liability to the City of Lawrence.
Upon no further comment, inquiry or discussion the motion to approve the Home
Rule Petition as amended was defeated as follows: YES-5; NO-4 [lack of a sixth vote
which Home Rule Petitions require];
Doc. 1/11: Defeated
Councilor Bernal presented a motion to take document 39/11 out of the order
Doc. 39/11: Coordinator of Mayor’s Health Task Force within the Community
Development Dept. –creation of position-Hearing held – Approved
Council Members.
161
Community Development Director James Barnes introduced the measure and
spoke in support of the item stating that the position will be financed by grant funds
available through the Community Development. He discussed the duties and
responsibilities of the person to fill the position and explained the necessity and purpose
for presenting the matter for the consideration of the Council Members.
Ms. Rivera discussed the importance of the measure and stated that he supports
the item as presented.
Martha Velez, Director of the Council on Aging, addressed the Council and spoke
in support of the measure.
Peter Blanchette, Interim Health Commissioner, spoke in support of the item
presented.
Upon being recognized, Councilor Aquino presented a motion to approve the
measure presented which was seconded by Councilor Bernal.
Upon being granted the floor, Council Vice President Silva posed questions to
Director Barnes regarding the duties and responsibilities of the position.
Upon being granted the floor, Councilor Bernal suggested that it may be more
reasonable to provide a union “grade 4” salary range of 50,000.00-60,000.00 rather than
“grade 5” as presented. Director Barnes informed the Council Members that the
162
suggested amendment to the salary rate would not negatively impact the anticipated
application pool.
Upon being granted the floor, Councilor Twomey posed questions to Director
Barnes and Ms. Vilma Lora of the Health Task Force regarding the duties and
responsibilities of the position.
Upon being granted the floor, Councilor Laplante posed questions to Director
Barnes about the source of funding to support the position. Director Barnes discussed
and identified the source of grants obtained to fund the position.
Upon being recognized, Council Vice President Silva asked questions about the
current salary of the part-time position. Director Barnes and Ms. Lora stated the present
position is salaried at between 50,000.00 and 65,000.00 for 15 to 30 hours of service.
Upon continuing, Councilor Laplante commented that the funding source for the
proposed position is from a source independent of City Budget sources and cannot be
used for any other purpose than to fund the stated position and program. Upon further
inquiry, Councilor Laplante asked Acting Commissioner Peter Blanchette questions
about the value of the proposed position to the work of the Board of Health – Acting
Commissioner Blanchette provided information about the favorable impact that the
position would bring to the work provided by the Board of Health whose members work
on a part-time basis. He stated that the current Health Board Members support to the
proposed ordinance.
Councilor Laplante continued by posing further questions of Director Barnes
about the retirement benefit obligations that may be incurred to the City of Lawrence as a
163
result of adopting the proposed position. Director Barnes informed the Council Members
that the individual hired to fill the position would be subject to the same retirement
requirements and regulations as any other municipal employee.
Upon being recognized, Councilor Rivera clarified that the employee hired to fill
the position [if adopted] would be eligible for retirement benefits as any other employee.
Councilor Rivera further discussed the manner which employee retirement accounts are
funded and drawn upon. A discussion ensued between Councilor River and Councilor
Laplante regarding the function of employee retirement accounts.
Upon being granted the floor, Councilor Bernal posed questions about funding
source for the proposed position. Councilor Bernal proposed the measure be amended to
assign the position as a “level 4” with a pay scale range of 50,000.00-60,000.00. She also
proposed that the final draft of the ordinance provide that the position be “at will” and
subject to being filled upon receipt of grant funds obtained. Councilor Aquino accepted
the amendment presented by Councilor Bernal. Councilor Bernal provided the City
Clerk with a written copy of the amendment advanced and accepted to be included with
the final draft of the ordinance if approved.
Upon being granted the floor, Councilor Twomey discussed the possibility of
striking the “benefits” attendant to the position.
Upon being granted the floor, Councilor Laplante suggested that the language of
the position assure that all benefits be paid from grant funds obtained. Director Barnes
confirmed that was the case and the financial support of the position and all benefits were
based upon the grant funding obtained.
164
approve the measure with amendments.
[Councilor Almonte absented from the Council Meeting at 8:36 p.m.]
Doc.394A1/10: Parking – South Union Street between Boxford and Andover Streets
(East Side) – (No Parking) – Hearing held - Approved
presented.
Doc. 394A1/10: Approved
165
Doc. 394A2/10: Parking – South Union Street between Boxford and Andover
Streets (East Side) – (One Hour Parking - 6:00 a.m. to 7:00 p.m.) – Hearing held –
Approved
Council Members.
At the request of Councilor Twomey, Councilor Laplante explained the intent and
purpose of the proposed Ordinances subject to Docs. 394A1/10; 394A2/10; 394B1/10
and 394B2/10.
Doc. 394A2/10: Approved
166
Doc.394B1/10: Parking – South Union Street between Boxford and Andover Streets
(West Side) – (No Parking) – Hearing held – Approved
presented.
[8-0] to approve the measure.
Doc. 394B1/10: Approved
Doc.394B2/10: Parking – South Union Street between Boxford and Andover Streets
(West Side) – 15 min. parking – Hearing held – Approved
167
presented.
seconded by Councilor Twomey, the Council Members present voted unanimously [8-0]
to approve the measure.
Doc. 394B2/10: Approved
Doc. 49/11: Inspectional Services Department – fees to be increased –
Council Members.
Acting Inspectional Services Commissioner Peter Blanchette discussed the
proposed fee presented to the Council Members to set the fees as recommended.
measure presented, as seconded by Councilor Twomey.
168
Upon being granted the floor, Councilor Twomey posed questions about the food
permit process, occupancy permits and other proposed fees.
Upon being recognized, Councilor Rivera informed the Council that the cost of
providing fee based services has increased by virtue of an increase in wages, salaries, and
benefits to employees conducted the associated tasks. In short, the fees charged have not
kept pace with the actual cost of providing the service over the years.
Upon continuing, Councilor Twomey discussed the manner of enforcing
occupancy permit requirements discussing the fact that the requirement of obtaining
occupancy permits requires landlords/owners to report a change in tenants requiring a
new permit. Councilor Twomey suggested that a system of monitoring and enforcement
occupancy permit requirements may be more productive. Acting Commissioner
Blanchette stated that the inspection of tenements to assure that all occupancy permits are
current is overwhelming particularly with a limited number of code enforcement
inspectors. He suggested that the proposed fee increases are both fair and reasonable in
relation to the service rendered to substantiate the fee and in relation to the amount
charged by neighboring communities for the same service.
Upon being granted the floor, Councilor Laplante asked if there were any
additional fee comparisons conducted or available for review. Acting Commissioner
Blanchette suggested that there was some comparable review completed but additional
comparable values can be obtained and provided. Councilor Laplante suggested that
comparisons provide the public with a rational basis for the fee charged and also assists
169
the Council Members with the ability to reasonably discuss constituent concerns about
increases approved before the Council.
Upon being granted the floor, Council Vice President Silva expressed her concern
about proposals to increase fee for services which the public can only obtain on a limited
basis. She stated that the reality of the situation is that taxpayers pay more money for less
service as reflected in the reduction of available staff in all departments occurring over
the past year or more.
Upon being granted the floor, Councilor Rivera stated that the actual cost of
executing the task associated with required permits has increased. He stated many of the
fee based services compel compliance by those affected by the inspections or other such
review by inspectors.
Upon being recognized, Councilor Laplante moved to table the item. The motion
was seconded by Council Vice President Silva and the Council Members present defeated
the motion to table the item as follows: Yes-2; No-6; Absent-1
Councilor Rivera – No
seconded by Councilor Twomey, the Council Members present voted as follows to
approve the measure. Yes-6; No-2; Absent-1
170
Councilor Bernal -Yes
Doc. 50/11: City Clerk’s Office – proposed fee amendments – Hearing held –
Approved
Council Members.
Upon being granted the floor, Councilor Aquino presented a motion to approve
the measure presented, as seconded by Councilor Rivera.
Upon being granted the floor, Council Vice President Silva stated that there were
fee increases for many of the same items listed in the current proposal presented and
approved approximately two years ago. She stated that the public is not able to pay the
increased fees which will have an adverse finance impact on everyone who has to pay for
171
the services or items subject to fees. She stated that she does not support the measure for
these reasons.
Upon being granted the floor, Councilor Twomey agreed that these fees should
not be increased at this time.
Upon being granted the floor, Councilor Laplante suggested that fee increases be
approached conservatively. He stated that some of the proposed increases are higher than
some of the communities surveys and some are the highest in the immediate area. He
stated that he appreciated having some comparable reference to the fees charged by other
communities to assist in the decision making process.
Upon being granted the floor, Councilor Bernal indicated that she has not problem
increasing the fee charged to store “flammable materials” from the old fee of $1.00 to
$20.00 – she stated that it is reasonable on its face since a 1.00 fee for any service is
simply has no basis. She suggested the fee to license a non-neutered dog should be
$50.00 and asked Councilor Aquino to accept the suggested $50.00 fee for registering
non-neutered dogs to that amount. Councilor Aquino accepted the amendment presented
by Council Bernal.
Upon being granted the floor, Councilor Rivera suggested that the overall cost of
services has risen but cannot agree with some of the proposed increases. Upon inquiry to
the City Clerk, the City Clerk read the advertisement as published citing the current fee
and proposed fee for each item presented – the Clerk noted that the fee referenced in the
advertisement published and stated that the $10.00 fee referenced in the advertisement as
the current fee charged for “long form birth certificates, long form marriage certificates
172
and death certificates” was an error and are actually $7.00 [with proposed increases to
$15.00]. The Clerk confirmed that all other amounts referenced in the advertisement are
accurate.
Councilor Rivera presented an amendment to the motion for approval not to
include or adopt the proposed increases for the first six items appearing in the
advertisement [short form birth certificates, short form marriage certificates, long form
birth certificates, long form marriage certificates, death certificates, and notice of
marriage intention]. Councilor Rivera suggested that the costs charged for these
documents remain as currently set. Councilor Aquino accepted the amended advanced
by Councilor Rivera.
Upon request of Councilor Maldonado, the City Clerk explained the purpose of
the “storage of flammables” certificate which requires commercial vendors to register
with the City and State and does not require registration of propane tanks used to fuel
outdoor grills by homeowners.
At the request of Councilor Twomey, the City Clerk explained the purpose for
issuance of permits to obstruct.
presented. Upon a motion to approve the measure presented by Councilor Aquino [with
the amendments presented by Councilor Bernal and Councilor Rivera] as seconded by
Councilor Rivera, the Council Members present voted as follows to approve City Clerk’s
Office – proposed fee amendments with amendments. Yes-5; No-3; Absent-1
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Doc. 66/11: Appropriation Transfer – Fire Dept. - $15,000.00 from Tuition to
Uniform Replacement – Budget and Finance – Approved
from the Budget & Finance Committee in the form of a motion to approve Appropriation
Transfer – Fire Dept. - $15,000.00 from Tuition to Uniform Replacement. The motion to
approve was seconded by Councilor Twomey and unanimously [8-0] approved by
Doc. 70/11: Appropriation Transfer – Fire Dept. - $150,000.00 from Fire
Operations Overtime to Replacement Equipment (Alarm Alert System and Narrow
Banding of Radios) – Budget and Finance Cmt. – Defeated/Charter Objection
from the Budget and Finance Committee in the form of a motion to accept the report of
the Budget and Finance Committee. The motion was seconded by Councilor Twomey
and the Council Members present voted unanimously [8-0] to accept the report of the
Budget and Finance Committee.
174
Upon being recognized, Councilor Rivera presented a motion to deny the
appropriation transfer presented. The motion was seconded by Councilor Aquino.
Upon being granted the floor, Councilor Rivera informed the Council that the
item is a capital improvement item and should be proposed and properly budgeted as part
of a capital improvement plan. He stated that any unused FY 2011 funds should be
prioritized for use to fund and retain personnel through the FY 2012 Budget.
A discussion ensued between Council President Moran and Councilor Rivera
regarding the item subject to the proposed purchase. Councilor Rivera suggested he
would not use the funds as suggested in this item. Councilor Rivera also discussed the
lack of a capital improvement plan in place for the City of Lawrence.
Upon being granted the floor, Council Vice President Silva suggested that there
may be requirements for the equipment sought by this petition and stated that the Fire
Chief should be asked about the necessity of the equipment requested in this item.
Upon being granted the floor, Councilor Rivera further discussed the importance
of prioritizing expenditures through the FY 2011 overage to be applied to the FY 2012
anticipated shortfalls.
At the invitation of Councilor Twomey, Provisional Fire Chief Jack Bergeron
discussed the financial situation which has helped make funds available that should be
applied to improve the fire safety communications equipment. He informed the Council
that the communication equipment currently in use and subject to this request for
purchase is “outdated” and must be replaced. Chief Bergeron stated that although there
are many pieces of fire equipment that needs to be replaces and buildings that need to be
175
repaired, the communications system directly affects the response time to emergency
matters occurring and will literally cause a life and death determination in such situations.
He urged the Council to consider approving the appropriation transfer presented in order
to help the firefighters save lives.
A discussion ensued between Council President Moran and Provisional Fire Chief
Bergeron about the need to assure the City uses “up-to-date” equipment and the necessity
of having all its firehouses open and in good working order.
Council President Moran posed questions to Provisional Chief Bergeron about
current and prospective staffing.
Upon being granted the floor, Councilor Twomey asked Provisional Chief
Bergeron about the importance and necessity of the requested equipment. Provisional
Chief Bergeron again explained the importance of the equipment subject to the proposed
transfer.
Upon being granted the floor, Councilor Maldonado suggested the item be
included as a capital improvement. In response, Provisional Chief Bergeron stated that
due to the current and expected budget constraints, there will be no funds available to
even proposed or present a capital improvement plan or budget.
Upon being granted the floor, Councilor Laplante discussed the firefighter’s
agreement to work 24 hours without compensation. Chief Bergeron confirmed the
firefights have agreed to work 24 hours without pay and that the agreement is without
conditions. Councilor Laplante commented that firefighters must have updated
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equipment if they are expected to do their job. He stated that he could not support the
defeat of this measure and suggested the focus be on hiring additional staff.
Upon being granted the floor, Councilor Rivera posed questions to Provisional
Chief Bergeron about the “delay” being experienced by the use of the “out-dated”
equipment and if continued use would continue to impact response time if it isn’t
replaced. Provisional Chief Bergeron stated the equipment is necessary and critical for
communications and response to emergencies. He stated that it is difficult to predict with
any accuracy which situation will have life threatening consequences until that situation
occurs. Councilor Rivera commented that the budgetary realities of limited resources in
all areas of public expenditures cause the Council Members to make choices between
funding “personnel” or “equipment” – he stated that the proposed appropriation presents
such a conflicting choice which should be resolved in favor of “personnel”.
Upon being granted the floor, Councilor Maldonado asked Provisional Fire Chief
Bergeron if the money may be available to purchase the equipment in FY 2012.
Provisional Chief Bergeron stated the current financial availability is unique and that the
Fire Department will not have funds available to purchase the communications
equipment needed in FY 2012. Councilor Maldonado discussed the closed firehouses
and the possibility of re-opening them in the future with Provisional Chief Bergeron.
Upon discussion and inquiry by Council Vice President Silva, Provisional Chief
Bergeron stated that the Commonwealth requires certification of all municipal fire
departments which includes the communications equipment subject to the appropriation
presented. A discussion ensued between Council Vice President Silva and Provisional
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Chief Bergeron about the necessity of purchasing and installing the updated
communications equipment to assure the City of Lawrence remains in compliance with
State regulations.
Upon being granted the floor, Councilor Rivera clarified that the amount
requested has no bearing on the monies subject to recent concessions.
Upon no further inquiry, comment or discussion Council President Moran called
upon the Council Members present to consider the motion on the floor to deny the
appropriation transfer as presented by Councilor Rivera and seconded by Councilor
Aquino. Upon vote of the Council Members present, the motion to deny the
appropriation was defeated as follows: Yes-3; No-5; Absent-1
appropriation transfer presented.
Councilor Rivera entered a Charter Objection pursuant to City Charter Sec. 3.8(c).
Pursuant to the City Charter, all further proceedings regarding this item were suspended
by Council President Moran and the item will be forwarded to the next meeting of the
Lawrence City Council.
Doc. 70/11: Defeated/Charter Objection
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Doc. 26/11: Traffic Study – Pleasant Terrace – one way – easterly to Allston Street
– Ord. Cmt. - Public Hearing ordered
present [7-0][Councilor Twomey and Councilor Almonte being absent from the Council
Doc. 51/11: Transient Vendor License – Renewal – Los Amigos – Hugo A.
Barrientos – 505 Hampshire Street – Ord. Cmt. – Approved
of the Ordinance Committee in the form of a motion to approve Transient Vendor
License requested which was seconded by Councilor Aquino and unanimously [7-0]
approved by the Council Members present [Councilor Twomey and Councilor Almonte
being absent from the Council Chamber at the time the vote was recorded].
Doc. 52/11: Transient Vendor License – Renewal – El Quetzal – Siria Jacinto – 42
Texas Avenue – Ord. Cmt. – Approved
of the Ordinance Committee in the form of a motion to approve the request presented.
The motion was seconded by Councilor Aquino and unanimously [7-0] approved by the
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Council Members present [Councilor Twomey and Councilor Almonte being absent from
the Council Chamber at the time the vote was recorded].
Doc.53/11: Transient Vendor License – Renewal – El Quetzalito – Manuel
Jacinto – 42 Texas Avenue – Ord. Cmt. - Approved
of the Ordinance Committee in the form of a motion to approve the request presented.
The motion was seconded by Councilor Aquino and unanimously [7-0] approved by the
Council Members present[Councilor Twomey and Councilor Almonte being absent from
Doc. 54/11: Transient Vendor License – Renewal – La Nueva Era – Francisco
Medina – 41 Berkeley Street – Ord. Cmt. – Approved
of the Ordinance Committee in the form of a motion to accept the report which was
seconded by Council Vice President Silva and unanimously [8-0] accepted by the
Council Members present [Councilor Almonte being absent from the Council Chamber at
the time the vote was taken].
Councilor Bernal moved to approve the request presented which was seconded by
Councilor Aquino and unanimously [8-0] approved by the Council Members present.
[Councilor Almonte being absent from the Council Chamber at the time the vote was
recorded].
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Doc. 55/11: Ministerio Cristo para los Necesitados – request permission to use the
Campagnone Common Park on April 23rd & 30th, 2011 from 1:00 p.m. to 5:00 p.m.
for religious preaching – Ord. Cmt. – Approved
of the Ordinance Committee in the form of a motion to approve the request as presented.
The motion was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Twomey discussed the use of sound
systems for the event which Councilor Bernal informed the Council Members that the
petitioners informed the Ordinance Committee Members would be reasonable for the
services to be held.
upon the Council Members present to consider the motion to approve and the Council
Members present voted unanimously [8-0] to approve the measure as presented
[Councilor Almonte being absent from the Council Chamber at the time the vote was
recorded].
Doc.56/11: Lawrence Recreation Dept. – request permission to use Campagnone
Common Park from May 2nd to May 8th, 2011 for a fundraiser carnival –
Wednesday to Friday, May 4th to May 6th, 2011, from 6:00 p.m. to 11:00 p.m.,
Saturday, May 7th, 2011 from 12:00 noon to 11:00 p.m. and on Sunday, May 8th,
2011 from 12:00 noon to 8:00 p.m.-Ord. Cmt - Approved
of the Ordinance Committee in the form of a motion to approve the item presented. The
motion was seconded by Councilor Rivera.
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Upon being granted the floor, Councilor Laplante asked if there had been progress
by the Ordinance Committee regarding a prior request for Council review of the use of
the Campagnone Common and other parks for events. Councilor Bernal, Chair for the
Ordinance Committee, stated that discussions among the Ordinance Committee Members
regarding the appropriate use of the City Commons and Parks for various events had been
and continues to be addressed.
Upon continuing, Councilor Laplante suggested that the use of the Campagnone
Common is an important matter that needs to be addressed to revise existing ordinances
or to create other ordinances to adequately provide sufficient guidelines and measures to
protect these areas while allowing their use and enjoyment. A discussion ensued among
the Council Members about the use of park areas for events as an alternative to the
Campagnone Common. Council Vice President Silva suggested the Pemberton Park is a
possible location for events that may be more suitable with advantages due to its size,
location, available parking, and ease of access.
Upon being granted the floor, Councilor Rivera suggested he would prepare and
present proposed ordinances for consideration of the Ordinance Committee. Councilor
Bernal stated that the Ordinance Committee welcomes such input and assistance from
Councilor Rivera.
Upon invitation to address the Council Members, Nelson Ortiz of the Lawrence
Recreation Department discussed the petition presented and suggested alternative
locations for the event if it were to be required of the Council.
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upon the Council Members present to consider the measure presented. Upon a motion to
approve the measure presented by Councilor Bernal, as seconded by Councilor Rivera,
the Council Members present voted unanimously [8-0] to approve the petition as
presented [Councilor Almonte being absent from the Council Chamber at the time the
vote was recorded].
Doc.56/11: Approved
Doc. 60/11: Lawrence Little Leagues – Fundraising tag days – South Lawrence
West L.L. on April 28th, 29th & 30th & June 2nd, 3rd & 4th, 2011 – South Lawrence
East L.L. on May 5th, 6th & 7th & June 23rd, 24th & 25th, 2011 – Prospect Hill L.L. on
May 28, 29th & 30th, 2011 & June 16th, 17th & 18th, 2011 – Central L.L. on May 12th,
13th, 14th 19th, 20 & 21st, & June 2nd, 3rd, & 4th, 2011 – Tower Hill L.L. on June 9th,
10th, 11th, 16th, 17th & 18, 2011 – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve the item presented.
The motion was seconded by Council Vice President Silva and unanimously [8-0]
approved by the Council Members present [Councilor Almonte being absent from the
Doc. 61/11: Alexvia Express Transportation – change of name to Five Stars Express
Transportation, LLC at 600 Essex Street – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve the item presented, as
seconded by Council Vice President Silva.
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Upon being granted the floor, Councilor Bernal suggested the thirty day waiting
period required by sec. 3.8(a) of the City Charter not be waived in this instance.
Upon no further discussion, the Council Members present voted unanimously
[8-0] to approve measure presented [Councilor Almonte being absent from the Council
Doc.62/11: Popular Yellow Corporation – change of name to Popular Taxi Co.,
LLC at 83 Jackson Street – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve the item presented, as
seconded by Council Vice President Silva.
Upon being granted the floor, Councilor Bernal suggested the thirty day waiting
period required by sec. 3.8(a) of the City Charter not be waived in this instance as well.
[8-0] to approve the measure presented [Councilor Almonte being absent from the
VII. WITHDRAWALS:
Doc.16/11: Spruce and Tenney Streets – traffic modification at the Arlington School
– Ord. Cmt. – Withdrawn
Committee. Councilor Bernal moved to withdraw the matter from the Council agenda.
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The motion was seconded by Councilor Rivera and Council Members present voted
unanimously [8-0] to withdraw the matter from the City Council Agenda [Councilor
Almonte being absent from the Council Chamber at the time the vote was recorded].
Doc.16/11: Withdrawn
Doc. 43/11: Parking – Packard Street – restrictions – Ord. Cmt. – Withdrawn
The motion was seconded by Councilor Rivera and Council Members present voted
unanimously [8-0] to withdraw the matter from the City Council Agenda [Councilor
Almonte being absent from the Council Chamber at the time the vote was recorded].
Doc. 44/11: Huse Street – request to convert from one-way to two-way – Ord. Cmt.
– Ref. to Ord.
Committee. Councilor Bernal asked that the item be remanded to the Ordinance
Committee for further proceedings. Upon request of Councilor Bernal, Council President
Moran remanded the matter to the Ordinance Committee.
Doc. 44/11: Ref. to Ord.
VIII. OLD BUSINESS:
Upon the motion of Councilor Rivera, seconded by Councilor Bernal, the
following six items were unanimously approved by the Council Members present [8-0] to
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consider them as a block [Councilor Almonte being absent from the Council Chamber at
the time the vote was taken].
Council President Moran referred the following matters to the Housing
Committee for further proceedings:
Doc. 306/05: Surplus Properties – 26-30 Milford St. (Tax Map 88, Lot 57) – Richard
Burke, Real Property Acquisition/Specialist – Ref. to Housing
Doc. 134/07: Surplus Property – 5 McFarlin Ct. (Tax Map 164, Lot 15) – Richard
Burke, Real Property Acquisition/Disposition Specialist – Ref. to Housing
Doc. 73/08: Surplus Property – 15 Halsey Street (Tax Map 57, Lot 63) – Richard
Doc. 55/09: Surplus Properties - 29-37 Centre Street – (Tax Map 173, Lot 34) –
Richard Burke, Real Property Acquisition/Disposition Specialist – Ref. to Hsg.
Doc.190/10: Surplus Property – 5-7 Tenney Street (Tax Map 193, Lot 63) –Richard
Doc.195/10: Surplus Property – 78-80 Tremont Street (Tax Map 167, Lot 59) –
Richard Burke, Real Property Acquisition/Disposition Specialist – Ref. to Housing
Doc. 77/11: Handicapped Parking–487 Andover Street–Annette Colon–Withdrawn
Upon motion of Councilor Bernal seconded by Councilor Aquino the Council
Members present voted unanimously [8-0] to withdrawn document 77/11 from the
Council Agenda as duplicative of Doc. 57/11: Handicapped Parking – appearing on the
City Council Agenda on April 5, 2011 and presently on the Ordinance Committee agenda
for further proceedings.
IX. TABLED MATTERS:
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22/10:
New Automated Trash Collection and Allied Waste Services contract update –
355/10: Lawrence St. – closing between Haverhill and Lebanon Sts. At the time of
dismissal of the Oliver School and School of Exceptional Studies in the former
Lawrence High School building on Haverhill St. – (School days from 2:30 p.m.
to 3:00 p.m.) – Ord. Cmt. & hearing to be ordered
X. NEW BUSINESS:
Doc. 72/11: Excise Tax Bills 2011 – inquiry as to why residents did not receive a 1st
notice, but received a pink demand notice of an additional $30.00 –
Counc. Almonte – Ref. to Budget & Finance
Doc. 73/11: Loading Zone – 295 Essex Street – Counc. Almonte – Ref. to Ord.
Doc. 74/11: Massachusetts Electric Company d/b/a National Grid –request permission
to locate poles, wires and fixtures - Off Island Street – Ref. to Ord.
Doc. 75/11: Old Gold and Second Hand Dealer License – Julio Ormaza – 204
Broadway Street – Ref. to Ord.
Doc. 76/11: Handicapped Parking – 142 High Street – Idalia Nunez – Ref. to Ord.
Doc. 78/11: Transient Vendor License – Felix A. Baez – 193 South Broadway,
Lawrence, MA – Ref. to Ord.
Doc. 79/11: Parking – One Hour parking instead of 30 minutes from the front door of
City Hall west to the entrance of the parking lot - One Hour parking
instead of 30 minutes from the front door east to the Courthouse entrance
(along the Common) and (3) Handicapped Parking spaces in front of City
Hall – ordinance to be amended – Counc. Laplante – Ref. to Ord.
Doc. 80/11: Emmet Street – one way – from Kingston Street to Newton Street –
Counc. Bernal – Ref. to Ord.
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XI. ADJOURNMENT:
Upon Motion of Councilor Rivera duly seconded by Councilor Aquino, the Council
ADJOURNED
(10:47p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, May 3, 2011
A REGULAR MEETING of the City Council was held on Tuesday, May 3, 2011
at 7: 10 p.m. in the City Council Chamber with all Members present, except for
Councilor Twomey and Councilor Almonte
Approximately Forty- five [45] persons were present.
of City Council Meetings conducted April 19, 2011 were submitted by the City Clerk for
accept the minutes.
Homayoun Maali, 53 Chester Street, Lawrence, MA stated the City Of Lawrence
needs unity and not division in City Government.
Francis Cialek, 260 South Union Street, Lawrence, MA informed the Council that
Ms. Anna Sullivan [Mother of former Mayors Michael and Kevin Sullivan] is in the Holy
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[Tuesday, May 3, 2011]
Family Hospital. He discussed the prior layoffs and stated that the current proposal to cut
3.5% of the salary for Lawrence workers will result in creating a poor working
environment. Mr. Cialek urged the Council Members not to cut workers salaries or
positions.
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA stated that non-profit
organizations should be required to pay their proportioned share of the cost to the City in
order to defray City operating expenses.
Lindy Galland, 196 West Street, Lawrence, MA commented that the repavement of
some of the City streets is a noticeable improvement. She also praised Mayor Lantigua
for actions taken against agency leaders recently exposed for not working for their salary.
Alan Demers, 68 Walker Street, Quincy, MA discussed the Glass-Steagall Act and
urged the Council and Lawrence residents to support the Congressional measure.
Marc Laplante, District F Councilor, 29 Durso Avenue informed the Council
Members and the public about the deployment of three Lawrence Marines to Afghanistan
to take place this summer. He offered his gratitude for their service to the United States
and shared personal comments and thoughts they shared about being sent to war.
Councilor Laplante stated that he and the all Lawrencians are proud of these young men
and their sacrifice.
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Doc. 26/11: Traffic Study – Pleasant Terrace – possible one-way traffic – Hearing
held – Approved
Council Members.
Bill Collins, 1 Platt Ct., Lawrence, MA informed the Council about the proposed
ordinance and stated that even if the proposed ordinance were approved that this
ordinance, as with others, are not likely to be enforced because of the lack of sufficient
police available to patrol the City of Lawrence.
measure presented by Councilor Bernal, as seconded by Councilor Rivera, the Council
Members present voted unanimously [7-0] to approve the measure.
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Doc. 45/11: Acceptance of Spicket River Greenway Easements –
Council Members.
Arthur McCabe, Community Development Manager, provided information
regarding the proposed grant of an easement to the City of Lawrence and urged the
Council Members to approve the proposed easement.
presented.
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Doc. 46/11: National Grid Easement for Howard Playstead Improvements –
Easement Grant– Hearing held – Approved
Council Members.
Arthur McCabe, Community Development Manager, provided information about
the easement proposed to be granted to the National Grid as provided in the petition.
approve the petition as presented.
appearing on the agenda. The motion was seconded by Councilor Aquino and
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Doc. 98/11: State of the City Address pursuant Section 4.7 of the Lawrence City
Charter – Mayor William Lantigua – Presented
Council President Moran introduced the measure and invited Mayor Lantigua to
address the City Council on the State of the City.
Upon invitation of Council President Moran. Mayor Lantigua [86 Boxford Street,
Lawrence, MA] informed the Council Members that the State of the City address was
being presented pursuant to the City Charter and is the first such address given by a
Mayor in approximately ten years.
Mayor Lantigua discussed budgetary and financial measures necessary to address
financial problems facing the City of Lawrence. Mayor Lantigua provided information
about the status of education provided to students in the City of Lawrence. The
obligations and responsibilities concerning establishing and following a balanced budget
was also discussed. Mayor Lantigua stated that limited revenues have adversely
impacted public safety resulting in losses to staff and personnel. Despite cuts in public
safety personnel, the Administration remains committed to reinstate all public safety
personnel to the same level of staffing that existed prior to layoffs.
The Council Members and public were provided information concerning economic
development initiatives put into place and future plans for projects to improve the City of
Lawrence were discussed. Mayor Lantigua referenced plans to develop the downtown
area in Lawrence that would expand existing businesses and in a Lawrence and would be
implemented in a manner never used by prior Administrations. He stated that
improvements to City roads and buildings would result in an improved quality of life in
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the City of Lawrence. Other plans to improve the City infrastructure for better water and
sewer service would also be put into effect as well as the development of affordable
housing in the City of Lawrence.
Mayor Lantigua concluded by thanking all those who volunteer their time to conduct
cleaning activities throughout the City. He particularly praised “Hands United”
for their work to improve the City of Lawrence.
[8:25 p.m. - Councilor Bernal presented a motion for a five minute recess of
Council proceedings. The motion was seconded by Councilor Laplante and
unanimously approved [7-0] by the Council Members present]
[8:35 p.m. - Councilor Rivera presented a motion to come out of recess and
resume the Council Meeting. The motion was seconded by Councilor Aquino and
Doc. 91/11: Collective Bargaining Agreement Resolution –
Counc. Rivera – Adopted
Council President Moran introduced the measure and recognized Councilor Rivera
regarding the above matter.
Councilor Rivera presented information to the Council Members present urging the
support of the Resolution of Council to request the Union Stewards and Representatives
to present the terms stated in the Resolution for consideration by their members.
Councilor Rivera moved for the adoption of the Resolution presented which was
Upon being recognized, Councilor Laplante suggested the terms of the Resolution
may touch upon matters that may not be a function of the City Council. Councilor
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Laplante indicated that the variety of employees and different functions performed by
City employees may have different compensation requirements and demands for
performance that may not be easily addressed with an “across the board” manner
provided in the proposed Resolution. He stated that the Administrative Code and City
Ordinances concerning existing compensation plans are implicated and need to be
considered. Councilor Laplante suggested any proposal to cut wages should be done with
some knowledge or information about the impact these cuts will have on individual
employees and their positions. He stated that the proposal may also have far reaching
effect upon present and on-going negotiations with the unions and their members.
Councilor Laplante suggested the City has a Financial Overseer available [Mr. Nunes]
who should be at least notified of the proposed Resolution and asked if forwarding the
Resolution will have an impact on the financial plans and work being done. Councilor
Laplante also pointed out that the content and financial result of the Resolution differs
from the Administration’s intention to direct available finances for police patrols rather
than to fund the Drug Task Force and Auto theft Unit.
Upon being granted the floor, Councilor Bernal informed the Council Members that
her efforts to contact union officials and representatives were not successful and that
despite these efforts none of the officials have contacted her. She stated the proposed
Resolution offers a realistic funding source for necessary police programs to assure the
public safety is provided. Councilor Bernal stated that although Council Members are
not part of the collective bargaining process, the proposed Resolution provides the
Council with an opportunity to communicate budgetary intentions in a manner that is
196
non-binding for consideration by the union membership. She stated that she supports the
measure if it will result in hiring additional police.
Upon being granted the floor, Council Vice President Silva concurred with much of
Councilor Laplante’s statements regarding the lack of ability for the City Council
Members to be directly involved with wage and salary negotiations. She commented that
the proposed wage reduction provides a certain “across the board” application by
percentage without consideration or analysis of its budgetary impact which could be
provided with some reasonable accuracy by the Overseer Nunes if he were consulted.
Council Vice President Silva stated that the matter should be referred to a subcommittee
for further proceedings in accord with Rule 12 of the Council Rules. Council Vice
President Silva asked the Council President to rule on the matter and commit the measure
to an appropriate subcommittee.
Upon being granted the floor, Councilor Maldonado stated that the collective
bargaining process is a waste of time and simply not productive. He stated that he favors
the proposed Resolution because it provides a productive way to address the funding of
public safety in a direct manner. Councilor Maldonado stated that the options available
to identify revenue sources for public safety are limited. Councilor Maldonado
concluded with a statement of his support of the Resolution.
Upon being granted the floor, Councilor Aquino stated that she also supports the
proposed Resolution.
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Council President Moran discussed the management tools available in such patters
and concluded that the City Council simply does not have much authority to be involved
with the collective bargaining process. He commented that the proposed
Resolution makes the position of the Council Members clear and indicates the intention
to prioritize public safety financing.
Upon being granted the floor, Councilor Rivera reiterated that implementation of the
proposed Resolution terms will clearly cause financial hardship to those affected. He
stated that the financial hardship that would result from additional layoffs and loss of
employment is an alternative could be averted by the proposed measure.
Upon being granted the floor, Councilor Laplante commented that the reduction of
salaries for employees that continue in service will commensurately diminish work moral
in each department if a reasonable wage is not paid. He suggested that other measures
such as “bankruptcy” must be considered although it is the least favorable. He stated that
“bankruptcy” is an “option” that must be made available no matter how distasteful it may
be.
presented. Upon a motion to approve the measure presented by Councilor Rivera, as
seconded by Councilor Aquino, the Council Members present voted as follows to adopt
the Resolution presented. Yes-5; No-2; Absent-2
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Doc. 91/11: Adopted
appearing on the agenda and to suspend the Rules of the City Council in order to address
the matter. The motion was seconded by Councilor Maldonado and unanimously
V. NEW BUSINESS:
97/11: The Psychological Center – request permission for a walk for the Homeless
on Sunday, May 15th, 2011 from 11:00 a.m. to 5:00 p.m. – Dahianara MoranLiranzo – Approved/30 Days Waived
Andrew McMahon representing the Psychological Center discussed the event subject
to the petition and provided information about the event to the Council Members
requesting their consideration for approval. He stated that because the date of the
anticipated event would take place prior to the next meeting of the City Council, he asked
that the Council consider the matter as an emergency measure for immediate action.
approve the petition which was seconded by Councilor Maldonado and unanimously
[7-0] approved by the Council Members present.
Council Vice President Silva moved further to waive any 30 day waiting period
that may be required by section 3.8(a) of The Lawrence City Charter. The motion was
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duly seconded and unanimously approved by the Council Members Present [7-0].
Doc. 97/11: Approved-30days Waived
VI. APPROPRIATIONS-ORDERS-RESOLUTION:
Council President Moran called the following two matters to the attention of the
Doc. 92/11: Appropriation Transfers – within City Clerk’s/Elections & Annual
Listing - $25,500.00 – David A. Camasso, Comptroller – Ref. to Budget & Finance
Doc. 93/11: Appropriation Transfers – City Attorney’s Office - from Automobile
Insurance - $120,000.00 & Dental Insurance - $155,000.00 to Legal Services $275,000.00 – David A. Camasso, Comptroller – Ref. to Budget & Finance
Doc. 5/11: Property Tax Issues – review City Ordinances to close loop-hole –
Ord. Cmt. – Approved – 30 Days Waived
of the Ordinance Committee to approve the measure presented. The report was presented
in the form of a motion and seconded by Councilor Rivera.
Upon being granted the floor, Councilor Rivera discussed the process of
completing the task of drafting a “sign off sheet” to address the payment of taxes, water
bills, and inspectional services fees and assessment that is not only uniformly used by the
City Departments but also comprehensive.
presented. Upon a motion to approve the measure presented by Councilor Bernal, as
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approve the measure. Councilor Rivera moved further to waive the thirty (30) day
waiting period required by City Charter Section 3.8(a) which was duly seconded and
Doc. 5/11: Approved-30 Days Waived
Doc. 42/11: Second Hand Dealer License – Luis R. Polanco – 406 Essex Street –
Ord. Cmt. - Approved
of the Ordinance Committee and moved the Council Members to accept the report as
presented. The motion was seconded by Councilor Rivera and the Council Members
present voted unanimously [7-0] to accept the report of the Ordinance Committee.
Upon being recognized, Councilor Bernal presented a motion to approve the
petition for a Second Hand Dealer License as presented. The motion was seconded by
Councilor Aquino and the Council Members present voted unanimously [7-0] to approve
the petition as presented.
Doc. 44/11: Huse Street – request to convert from one-way to two-way traffic –
Ord. Cmt. – Tabled
of the Ordinance Committee and moved the Council Members to accept the report as
presented. The motion was seconded by Councilor Rivera and the Council Members
present voted unanimously [7-0] to accept the report of the Ordinance Committee.
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[Councilor Rivera presented a motion to conduct Council business past 10:00 p.m.
which was duly seconded by Councilor Maldonado and unanimously [7-0] approved
by the Council Members present]
Upon being recognized, Councilor Maldonado moved to table the item presented.
The motion was seconded by Councilor Rivera and the Council Members present voted
unanimously [7-0] to table Doc. 44/11.
Doc. 44/11: Tabled
Doc. 306/05: Surplus Properties – 26-30 Milford St. (Tax Map 88, Lot 57) – Housing
Cmt. - Approved
transfer of title of real property owned by the City of Lawrence located at 26-30 Milford
Street (Tax Map 88, Lot 57) to Shawsheen Properties, LLC with the conditions provided
in the report and upon the payment of $51,500.01. The report was presented in the form
of a motion to approve the transfer, was seconded by Councilor Rivera and unanimously
Doc.134/07: Surplus Property – 5 McFarlin Ct. (Tax Map 164, Lot 15) – Hous. Cmt.
– Recommit to Housing
transfer of title of real property owned by the City of Lawrence located at 5 McFarlin Ct.
(Tax Map 164, Lot 15) to Nunez, LLC to include the conditions provided in the report
and upon the payment of the amount of $100,000.00 with the conditions provided in the
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Housing Committee report. The report was presented in the form of a motion to approve
which was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Maldonado suggested the matter be
recommitted to the Housing Committee for further proceedings to review the
recommendation presented.
Upon being granted the floor, Councilor Rivera discussed the information
received by the Housing Committee on the matter presented.
Upon being granted the floor, Council Vice President Silva referenced and read
an opinion of the City Attorney regarding the matter into the record.
Upon invitation of Council President Moran, Patrick J. Blanchette, Chief
Economic Development Director, provided the Council with information concerning the
required process when City owned property is sold.
Upon being granted the floor, Councilor Laplante suggested the matter be
recommitted to the Housing Committee for further review. Councilor Laplante amended
his motion for approval by moving for recommitment to the Housing Committee. The
Upon being granted the floor, Councilor Rivera commented that last minute
objections to proposed transfers of title should not be considered as it may result in
additional and unnecessary considerations that should have been addressed during the bid
process.
Council President Moran, posed questions to Director Patrick J. Blanchette about
the bid process.
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Upon being granted the floor, Councilor Maldonado stated that further review by
the Housing Committee may be beneficial.
Upon no further discussion, Council President Moran called upon the Council
Members for their consideration and the Council Members present voted unanimously
[7-0] to recommit the matter to the Housing Committee.
Doc.134/07: Recommitted to Housing
Doc. 55/09: Surplus Properties - 29-37 Centre Street – (Tax Map 173, Lot 74) –
transfer of title of real property owned by the City of Lawrence located at 29-37 Centre
Street (Tax Map 173, Lot 74) to The Daher Group, Inc. with the conditions provided in
the report and upon the payment of $30,000.00. The report was presented in the form of
a motion to approve, seconded by Councilor Rivera and unanimously approved by the
Doc. 195/10: Surplus Property – 78-80 Tremont Street (Tax Map 167, Lot 59) –
transfer of title of real property owned by the City of Lawrence located at 78-80 Tremont
Street (Tax Map 167, Lot 59) by transferring title to the City owned property to The
204
Daher Group, Inc. with the conditions provided in the report and upon the
payment of $25,100.00. The report was presented in the form of a motion to approve,
seconded by
Councilor Maldonado and unanimously approved by the Council Members present [7-0].
Doc. 190/10: Surplus Property – 5-7 Tenney Street (Tax Map 193, Lot 63) – Hous.
Cmt. – Approved
transfer of title of real property owned by the City of Lawrence located at 5-7 Tenney
Street (Tax Map 193, Lot 63) to Park Street Station with the deed restriction that the
property only be used for parking in addition to all other conditions provided in the report
and upon the payment of $5,100.00. The report was presented in the form of a motion,
seconded by Councilor Rivera, and unanimously approved by the Council Members
present [7-0].
VIII. WITHDRAWALS:
Council President Moran granted Councilor Laplante the floor for the purpose of
presenting matters concerning the withdrawal of pending matters before the Housing
Committee. The motion was seconded by Councilor Rivera and Council Members
present voted unanimously [7-0] to withdraw the following matter from the City Council
Agenda:
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Doc. 73/08: Surplus Property – 15 Halsey Street (Tax Map 57, Lot 63) –
Hous. Cmt. – Withdrawn
IX. OLD BUSINESS:
Doc. 70/11: Appropriation Transfer – Fire Department – Charter Objection –
Approved
At the request of Council President Moran, City Clerk Maloney provided
a review of the legislative history regarding the prior proceedings concerning the
matter presented. The City Clerk reported that the proceedings of April 19, 2011 indicate
a motion to approve the appropriation was advanced by Councilor Laplante followed by
a Charter Objection entered by Councilor Rivera pursuant to section 3.8 (c) of the
Lawrence City Charter. Pursuant to the City Charter, all proceedings were suspended
upon entry of the Charter Objection and the measure is continued to the next meeting of
the Lawrence City Council.
Upon being granted the floor, Councilor Laplante affirmed his motion to approve the
appropriation as presented which was seconded by Council Vice President Silva.
Upon further discussion, Councilor Laplante pointed out that Provisional Fire Chief
Jack Bergeron has provided convincing information to the Council Members that the
equipment to be purchased with the funds appropriated will save lives.
Upon being granted the floor, Councilor Rivera discussed the FY 2011 Budget
and stated that funds that may result from the monies appropriated were intended to fund
positions rather than equipment. He stated that if this appropriation were approved the
funds would not be available to fund position through the FY 2012 budget. Despite these
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financial realities, Councilor Rivera stated that he will vote in favor of the appropriation
due to the importance of the necessity.
Upon being granted the floor, Councilor Maldonado stated that he will be voting
in favor of the appropriation request.
Upon taking the floor, Council President Moran stated that although he supports
the need for equipment that will certainly be required for State certification at a later date,
he cannot support the measure while fire stations remain closed. He pointed out that
three stations currently are closed and remain closed and are structurally deteriorating
which will likely result in greater cost and expense for repairs. He suggested that
although the equipment is necessary the funds should be used to open the closed
firehouses which in and of itself presents a serious public safety threat as long as they
remain closed.
Upon being granted the floor, Councilor Aquino requested that the Provisional
Chief Bergeron provide the City Council with a list of expenditures with some reference
to their priority.
Members. Upon vote of the Council Members present, the measure was approved as
follows: Yes-5; No- 2; Absent - 2:
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X. TABLED MATTERS:
XI. NEW BUSINESS:
81/11: Iglesia Cristo Misionera – request permission to use the Campagnone Common
Park on June 25, July 9, and August 6, 2011 for religious preaching – Anthony
Bernabel – Ref. to Ord.
82/11: Handicapped Parking – 34 Exchange Street – Iraida Rios – Ref. to Ord.
83/11: Verizon New England, Inc. – request permission to place underground electric
conduits on Canal Street – Ref. to Ord.
84/11: Merrimack Valley Habitat for Humanity – request permission to use the
Campagnone Common Park on October 2, 2011 for Brickman Triathlon –
Gerard Pouliot – Ref. to Ord.
85/11: Parking – 120 Broadway in Lawrence – restriction from 8:00 a.m. to 4:00 p.m. –
Oasis Community Center – Council Pres. Moran – Ref. to Ord.
86/11: Lawrence High School Campus Scholarship check – Marjorie E. Haggerty,
Campus Assistant Principal-Operations – Ref. to Budget & Finance
208
87/11: Second Hand, Old Gold and Pawnbroker Dealer Licenses – Eric Mane – 77
Essex Street – Ref. to Ord.
88/11: Transient Vendor License – Felix A. Baez – 193 South Broadway, Lawrence,
MA – Ref. to Ord.
89/11: Transient Vendor License – Alfredo E. George – 192 Prospect Street, Lawrence,
MA – Ref. to Ord.
90/11: Transient Vendor License – Johanny Gomez – 20 Loring Street, Lawrence, MA
Ref. to Ord.
94/11: Trash Receptacle Ordinance – removing/amending – Counc. Laplante –
Ref. to Ord.
95/11: Liquor License renewal increase and applications fees – Counc. RiveraRef. to Ord.
96/11: Second Hand and Old Gold Dealer Licenses – Jon M. Wolf – 92 Broadway,
99/11: Capital Improvement Bonds Expenditures – review: 2004 - $6,000,000; 2005 $9,000,000; 2006 – $8,000,000; 2007 - $7,000,000 – Counc. Rivera – Ref. to B & F
XII. ADJOURNMENT:
Upon Motion of Councilor Bernal duly seconded by Councilor Aquino, the Council
ADJOURNED
(10:42p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Wednesday, May 11, 2011
A SPECIAL MEETING of the City Council was held on Tuesday, May 11, 2011 at
6:50 p.m. in the City Council Chamber with all Members present except Councilor
Twomey.
One person was present.
I. ACCEPTANCE OF MINUTES: None
II._PUBLIC PARTICIPATION: None
III. PUBLIC HEARINGS: None
IV: Communication from Mayor, City Officials & City Attorney: None
V. APPROPRIATIONS-ORDERS-RESOLUTION: None
Doc. 74/11: Massachusetts Electric Company d/b/a National Grid –
request permission to locate poles, wires and fixtures –
Off Island Street – Ord. Cmt.-Public Hearing Ordered
Council President Moran introduced the measure informing the Council Members and
public that the reason for holding the Special Meeting of the Lawrence City Council is to
assure the measure presented is addressed timely as requested by the Community
Development Department. Council President Moran recognized Councilor Bernal and
requested that she present the matter for the consideration of the Council Members
present.
210
[Wednesday, May 11, 2011]
Councilor Bernal presented the report of the Ordinance Committee and informed
the Council Members that a public hearing is required on the item presented pursuant to
the City Charter. Councilor Bernal stated that the Ordinance Committee favorably
recommends that an order for a public hearing be entered in order to allow the necessary
installations to be completed as soon as possible. Councilor Bernal suggested that the
Council should probably hold a further Special Meeting on Tuesday, May 24, 2011 to
consider the final approval of the petition presented.
Council President Moran commented that he would schedule the City Council
Meeting on this matter for Tuesday, May 24, 2011 at 7:00 p.m. if convenient to the
Council Members.
Councilor Bernal proceeded by moving that Council Members accept the report
as presented which was seconded by Councilor Almonte and unanimously accepted [8-0]
by the Council Members present.
Councilor Bernal then presented a motion to enter an order for a public hearing on
the petition presented which was seconded by Council Vice President Silva and
unanimously approved [8-0] by the Council Members present.
VII. WITHDRAWALS: None
VIII. OLD BUSINESS: None
IX. TABLED MATTERS:
211
[Wednesday, May 11, 2011]
X. NEW BUSINESS: None
XI. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Aquino, the Council
ADJOURNED
(6:58p.m.)
Attest:
William J. Maloney
City Clerk
212
A REGULAR MEETING of the City Council was held on Tuesday, May 17, 2011
at 7: 13 p.m. in the City Council Chamber with all Members present except for Councilor
Twomey.
Approximately Fifteen [15] persons were present.
Council President Moran informed the Council Members present that the minutes of
City Council Meetings conducted May 3, 2011 and May 11, 2011 were submitted by the
City Clerk for consideration and acceptance of the City Council Members.
Upon being granted the floor, Councilor Bernal stated that the Council Minutes of May 3,
2011 regarding the vote of Council on Doc. 5/11[Property Tax Issues – review City
Ordinances to close loop-hole] providing for a new verification of payment form was
approved with a waiver of any applicable thirty (30) day requirement – Councilor Rivera
confirmed that the motion was made and approved. The City Clerk stated that the
minutes and any other materials will be amended to reflect the waiver.
Upon the motion of Councilor Almonte to accept the minutes, seconded by Councilor
Aquino, the Council Members present voted unanimously [8-0] to accept the minutes.
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Jean Roy, 169 Gilbert Street, Lawrence, MA asked if the Council Members could
look into funding the ability of retired or elderly people to assist in service to the City Of
Lawrence to allow them to earn additional money.
Ellie Curtin, residence, Brunswick House City, Lawrence, MA stated she had
difficulty parking near Garden Street due to resident parking restrictions for 8 hours. She
stated that Brunswick House should have similar parking arrangements. She asked the
Council Members to look into it.
Alan Demers, 68 Water Street, Quincy, MA stated that he appears before the City
Council to provide information about the La Rouche Glass-Steagall Resolution. He
stated that he believed the item would be placed on the City Council Agenda for
consideration of approval by the Lawrence City Council and that he was disappointed
that it was not on the agenda. He discussed the purpose behind the resolution. Council
President Moran asked how many Cities and Towns in Massachusetts had adopted the
resolution and Mr. Demers stated “none”. Upon conclusion, Mr. Demers urged the City
Council Members to consider placing the resolution on its agenda for adoption.
Megan Beets of Quincy, MA discussed the Glass-Steagall Resolution and reasons it
should be supported. She urged the Council Members to support the resolution.
214
Julio Ormaza, 204 Broadway, Lawrence, MA deferred his time as he appeared to
support his petition for the approval of pending license applications.
Chally Ramos , 105 Bailey Street, Lawrence, MA requested that the Council
Members support the recall petition calling for the resignation of Mayor Lantigua.
Clarence Morse, 89 Emmett Street, Lawrence, MA spoke in support of the proposed
ordinance that would make Emmett Street a one way street.
Councilor Marc Laplante, 49 Durso Ave., Lawrence, MA [currently representing
District F in Lawrence] discussed the serious impact illegal dumping has upon the City of
Lawrence. Councilor Laplante outlined a proposed five point plan to curb illegal
dumping which he stated would be part of his proposal on the item submitted for referral
on the Council Agenda.
Council President Moran informed the Council Members that the issue of illegal
dumping is of considerable public concern as reflected by the responses received by
many of the Councilors regarding this matter. He stated that his concern on the issue has
caused him to also place the matter on the Council Agenda in order to bring it to the
attention of the Council Members and to determine if any action can be taken.
III. PUBLIC HEARINGS: - None
Councilor Maldonado moved to take document 134 /07 out of the order appearing on
the agenda. The motion was seconded by Councilor Rivera and unanimously approved
by the Council Members present [8-0].
Doc.134/07: Disposition – 5 McFarlin Court (Map 164, Lot 15) – Hous. Cmt. Approved
215
of the Housing Committee to approve the disposition of City owned property located at 5
McFarlin Court (Map 164, Lot 15) by transfer of title to Nunez, LLC upon the payment
of $100,000.00 with stated conditions. Councilor Laplante stated that among the agreed
upon conditions is that the new owner remain current with the payment of all real
property taxes and water bills. The report was presented in the form of a motion to
approve the transfer which was seconded by Councilor Rivera.
Upon being granted the floor, Councilor Rivera stated that review by the Housing
Committee helped the Council Members reach a final and fair disposition while
maintaining the integrity of the process despite unfounded allegations concerning the
proposed award presented.
[8-0] to approve the disposition of City owned property located at 5 McFarlin Court (Map
164, Lot 15) by transfer of title to Nunez, LLC in the amount of $100,000.00 with the
conditions provided and with the agreement of the transferee to remain in current with
real property tax assessment and water use payments.
Doc.113/11: Parks, Vacant Lots, City Streets, Abandoned Properties and other City
Properties – maintenance – Council Pres. Moran – Ref. to Ord.
Council President Moran introduced the item and stated that the reason for inviting
Acting Department of Public Works Director John Isensee and Acting Commissioner of
Inspectional Services Peter Blanchette was to provide information to the Council
216
Members to address public concerns about the deteriorating conditions of public property
in the City of Lawrence.
Upon being recognized, Acting Director Isensee provided the Council Members with
information about the DPW staff and the duties and responsibilities of the staff in his
Department. Council President Moran inquired about the work individual and group
work assignments relative to the parks, streets, vacant lots, and other properties the City
is responsible to maintain.
Upon inquiry by Council Vice President Silva, Acting Director Isensee provided the
Council Members with information about street sweeping assignments and the loss of
staff who previously were available to complete this task.
Council President Moran continued with questions concerning necessary street repair
work, inspections of completed projects, daily work assignments, and general work
responsibilities. Council President Moran posed further questions regarding the
maintenance responsibilities for properties owned by the City of Lawrence and others
that may not be owned by the City. Additional inquiry and discussions ensured about the
deteriorating conditions of vacant lots subject to unlawful littering and illegal dumping.
Council President Moran suggested that re-instituting camera surveillance on those areas
that are subject to illegal dumping may help identify those committing these acts.
Upon invitation, Acting Inspectional Services Commissioner Peter Blanchette
addressed the City Council regarding the citation process currently used to address
violations of trash and junk material ordinances. Council President Moran suggested that
217
increased enforcement of trash citations may be necessary to help curb the proliferation
of trash in the neighborhoods.
Upon being granted the floor, Councilor Almonte suggested the fine should be
increased from its current $300.00 ceiling to reflect the seriousness of the offense.
Commissioner Blanchette agrees and stated further that any ordinance or penalty require
the offender to clean and properly dispose of trash resulting from their actions. Councilor
Almonte suggested offenders be cited and pursued on criminal violations. She requested
the District Councilor for the section of the City where violations occur be notified of
citation issued in their district.
Council President Moran reiterated the purpose for asking the DPW and Inspectional
Services Commissioner to discuss the matter is to inform the public of the process
involved with maintenance of public property and citations for violators. Council
President Moran asked that Acting Commissioner Peter Blanchette forward each of the
Council Members a list of City owned properties that need to be cleaned and maintained.
Upon no further discussion, Council President Moran referred the item to the
Ordinance Committee for further proceedings.
Doc.113/11: Ref. to Ord.
Councilor Almonte presented a motion to remove Doc. 355/10 from the table and out
of order which was seconded by Councilor Bernal and unanimously approved by the
218
Doc. 355/10: Lawrence St. – closing between Haverhill and Lebanon Sts. At the
time of dismissal of the Oliver School and School of Exceptional Studies in the
former Lawrence High School building on Haverhill St. – (School days from 2:30
p.m. to 3:00 p.m.) – Ord. Cmt. & Public hearing ordered
At the request of Council President Moran, Councilor Bernal presented the report of
the Ordinance Committee dated March 16, 2011 for consideration of the Council
Members present. She stated that Officer Scanlon reports against any action to require
the closing of Lawrence Street between Haverhill Street and Lebanon Street during
dismissal of classes at the Oliver School and School of Exceptional Studies. She stated
that Officer Scanlon has indicated that there may not be sufficient police available to
provide necessary police coverage of the street closing and that school safety personnel is
not sufficient to officially conduct the proposed street closing. Upon conclusion,
Councilor Bernal presented a motion to enter an order that a public hearing be held on the
matter. A discussion ensued between Councilor Laplante and Councilor Bernal
concerning the item.
At the request of Council President Moran, City Clerk Maloney read the report of
Officer Scanlon dated February 17, 2011 recommending against the measure.
Upon being recognized, Acting Superintendent of Schools Mary Lou Bergeron
informed the Council Members that School Personnel have no authority to close public
ways and stated that the proposed closing is presented to assure the students attending the
schools are safe – she informed the Council Members that two students were struck by
cars during dismissal. She stated that students exit from the Lebanon Street side of the
building buses and vehicles also access this location to pick up students.
219
Upon being granted the floor, Council Vice President Silva stated that the
oversight of a police officers is necessary to assure the safety of the students and the
public at this location during school dismissal. She stated that police presence is required
in order to close any street. A discussion ensued between Council Vice President Silva
and Councilor Almonte concerning the possibility of engaging the assistance of
Lawrence Auxiliary Police Officers to conduct street closing supervision.
Upon being granted the floor, Councilor Almonte moved to send a letter to the
Lawrence Police Department to attend the Public Hearing to address the Council on
whether or not the Lawrence Auxiliary Police may be available to provide with traffic
oversight to close the street during dismissal of the students when school is in session.
The motion was seconded by Council Vice President Silva and the Council Members
present unanimously approved sending a letter to the Lawrence Police concerning this
issue.
Upon being granted the floor, Councilor Rivera thanked Acting Superintendent
Bergeron, Principal, Lynne Garcia of the Oliver School and School Committeeman
Reyes for their interest in this matter and their attendance before the City Council.
Upon no further comments, discussion or inquiry by the Council Members present,
Council President Moran called the motion to the attention of the Council Members.
Upon vote of the Council Members present, the motion to order a public hearing on the
measure was unanimously [8-0] approved.
Doc. 355/10: Public Hearing ordered – Letter to Lawrence Police
220
Councilor Almonte presented a motion to remove Doc. 370/10 from the table and out
of order. The motion was seconded by Councilor Rivera and unanimously approved by
Doc. 370/10: Guilmette School Building – status – Withdrawn
Council President Moran informed the Council of the legislative history of the
measure and reasons it was originally placed on the Council Agenda. He pointed out
that Acting Superintendent Bergeron has addressed the Council Members on this matter
previously and that it is fortuitous that she is present before the Council at this time.
Upon being recognized, Superintendent Bergeron provided the Council Members
with an update on the Guilmette School repairs and stated that the school building would
be ready to return to full use and occupancy in time for the next academic year.
Upon being granted the floor, Councilor Aquino inquired about the summer school
activities. Acting Superintendent Bergeron stated that the summer school activities
would take place at the Alexander Bruce School.
Upon no further discussion, Councilor Almonte moved to withdraw the item from the
Council Agenda. The motion was seconded by Councilor Rivera and the Council
Members present voted unanimously [8-0] to withdraw the item from the Council
Agenda.
221
Doc. 92/11: Appropriation Transfer – within City Clerk’s, Election and Annual
Listing - $25,500.00 – Budget and Finance Cmt. – Approved
the Budget & Finance Committee to approve the measure as presented. The motion was
seconded by Councilor Almonte.
Upon being granted the floor, and upon inquiry of Council Vice President Silva, the
City Clerk explained the reason for the requested appropriation transfer. Council Vice
President Silva stated that she cannot support the requested transfer presented on grounds
that it unreasonably varies the FY 2011 Budget.
the motion to approve and the Council Members present voted as follows to approve the
appropriation transfer as presented. Yes- 7; No-1; Absent - 1
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Doc. 93/11: Appropriation Transfer – City Attorney’s Office - $275,000.00 – Budget
and Finance Cmt. – Letter/Charter Objection
the Budget & Finance Committee to approve the measure presented. The report was
presented in the form of a motion and seconded by Councilor Aquino.
Upon being granted the floor, Councilor Rivera discussed the information provided to
the Council by the city Attorney’s Office reporting the allocations for the amounts
subject to the requested transfer appropriation.
Upon being granted the floor, Council Vice President Silva expressed concern about
the payments appearing to be intended for payment of bills incurred by Mintz & Levin
reflected in the report filed.
Upon being granted the floor, Councilor Rivera stated that the transfers referenced in
the petition, if allowed, would result in a balance of money to be forwarded to the next
fiscal year to pay bills that are advanced to FY 2012. Councilor Rivera suggested that the
City Attorney be present to appear before Council to provide a more comprehensive and
accurate report concerning the City Attorney Budget and the petition as presented.
Councilor Rivera moved to send a letter to the City Attorney Office requesting his
appearance before the City Council in order to provide information concerning the
petition presented as well as any particular payments that may be due including services
provided by Mintz Levin. The motion was seconded by Councilor Aquino.
Upon being granted the floor, Council Vice President Silva stated her concern about
appropriation transfers in general commenting that the issues that transfers present go to
223
the heart of developing a cost effective budget. She stated that she is unable to support
the proposed appropriation transfer presented.
Upon being granted the floor, Councilor Bernal suggested that the Council refrain
from either contacting or inviting anyone form the Mintz Levin firm regarding matters
concerning the City of Lawrence. She pointed out that the billing presented for review
indicates that the firm has billed the City of Lawrence for their recent appearance before
the City Council to settle questions about their prior bills and then proceeded to bill the
City of Lawrence for there time attending the meeting.
Upon being granted the floor, Councilor Maldonado suggested the $14,000.00 billing
may in fact be the amount charged for their recent attendance before the City Council.
Upon motion of Councilor Rivera, as seconded by Councilor Aquino the Council
members present, the Council Members unanimously [8-0] approved sending an
invitation to City Attorney Boddy requesting his attendance at the next meeting of the
Lawrence City Council in order to clarify issues regarding the petition presented.
Upon being granted the floor, Council Vice President Silva suggested the matter be
tabled in order to allow the matter to remain before the Full Council for future
proceedings with the presence of City Attorney Boddy.
Upon being granted the floor, Councilor Rivera stated that the line item pertaining to
the $14,000.00 expenditure nothing to do with the billing issues and affirmed that the
transfers subject to the petition have merit.
Upon being granted the floor, Council Vice President Silva asked the City Clerk
about communicating the invitation to attend the next Council Meeting to City Attorney
224
Boddy. The City Clerk stated that an invitation will be forwarded to City Attorney
Boddy for his attendance at the next meeting of the City Council as the Council may
require.
Upon being granted the floor, Councilor Rivera stated that he agrees that issues
presented may best be explained by City Attorney Boddy and that it is always better to
have Department Heads available on any matter that concerns their individual
departments. He agreed that tabling the item to request Attorney Boddy’s attendance
would be helpful in this instance.
Upon being granted the floor, Councilor Laplante agreed it would be helpful to
inquire of City Attorney Boddy on this matter at the next Council Meeting. He discussed
the request to provide payment for legal representation of the Patrolman’s Union which
the Mayor’s Office would not continue to permit. Councilor Laplante also stated that the
Council should be kept up-dated for all legal fees incurred for representation authorized
by the Office of the City Attorney.
Upon being granted the floor, Councilor Rivera informed the Council that the
outstanding invoices reflect legal bills subsequent for representation of the City for its
policies which remain subject to active litigation. Councilor Rivera stated that approval
of future budget requests submitted consider work that may be performed by the Office
of the City Attorney and those areas of practice that may required engaging outside
Counsel.
225
presented. Upon a motion to “table” the item presented by Councilor Laplante which
was seconded by Council Vice President Silva, the Council Members present defeated
the motion as follows: Yes-3; No-5; Absent-1
Councilor Maldonado – No
Councilor Twomey – Absent
Councilor Aquino -No
Councilor Laplante then entered a Charter Objection pursuant to City Charter Sec.
3.8(c) suspending all further proceedings until the next meeting of the City Council.
Doc. 93/11: Letter/Charter Objection
Doc. 89/11: Transient Vendor License – Alfredo George –
192 Prospect Street – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve the Transient Vendor
License requested by the petitioner. The motion was seconded by Councilor Almonte
and unanimously approved [7-0] by Council Members present. [Councilor Rivera was
absent from the Council Chambers at the time of the vote].
226
Doc. 96/11: Old Gold and Second Hand –
Jon Wolf -92 Broadway – Ord. Cmt – Approved
from the Ordinance Committee in the form of a motion to approve the Old Gold and
Second Hand Dealer Licenses requested by the petitioner. The motion was seconded by
Councilor Almonte and unanimously approved [7-0] by Council Members present. .
[Councilor Rivera was absent from the Council Chambers at the time of the vote].
Doc. 87/11: Second Hand, Old Gold and Pawnbroker Dealer Licenses – Eric Mane
– 77 Essex Street – Ord. Cmt - Approved
from the Ordinance Committee in the form of a motion to approve Second Hand, Old
Gold and Pawnbroker Dealer Licenses requested by the petitioner. The Motion was
seconded by Councilor Almonte and unanimously [7-0] approved by the Council
Members present conditioned upon the petitioner securing a $300.00 bond as required for
227
the issuance of the Pawnbroker’s License. . [Councilor Rivera was absent from the
Council Chambers at the time of the vote].
Doc.75/11: Second Hand and Old Gold Dealer Licenses – Julio Ormaza - 204
Broadway – renewal – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve the petition for a
Second Hand Dealer and Old Gold Dealer License as presented. The motion was
seconded by Councilor Almonte and unanimously approved [8-0] by the Council
Members present.
Doc. 324/10: Handicapped Parking – 171 Salem Street –
Ord. Cmt. & Public Hearing ordered
report was presented in the form of a motion to enter an order for a public hearing which
was seconded by Councilor Almonte and unanimously approved by the Council
228
Doc. 41/11: Handicapped Parking – 344 Hampshire Street – Ord. Cmt. & Public
Hearing ordered
of the Ordinance Committee to order a public hearing on the proposed ordinance
presented. The report was presented in the form of a motion to order a public hearing
which was seconded by Councilor Almonte and unanimously approved [8-0] by the
Council Members present to order a public hearing.
Doc. 76/11: Handicapped Parking – 142 High Street – Ord. Cmt. &
present [8-0].
Doc. 57/11: Handicapped Parking – 487 Andover Street – Ord. Cmt. & Public
Hearing ordered
229
present [7-0][Councilor Almonte was absent from the Council Chambers at the time of
the vote].
Doc. 80/11: Emmett Street – One way southerly direction from Kingston to Newton
Streets – Ord. Cmt. & Public Hearing ordered
present [8-0].
Doc. 84/11: Merrimack Valley Habitat for Humanity – Special Event Triathalon –
use of Campagnone Common Park on 10/2/11 from 6:00 a.m. to 6:00 p.m. – Ord.
Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve the request presented.
The motion was seconded by Councilor Aquino and unanimously [7-0] approved by
Council Members present. [Councilor Almonte was absent from the Council Chambers at
the time of the vote].
Doc. 90/11: Transient Vendor License – Johanny Gomez – 20 Loring Street – Ord.
Cmt. - Approved
from the Ordinance Committee in the form of a motion to approve the petitioner’s request
230
to grant a Transient Vendor License. The motion was presented and conditioned upon
submission of all required forms to be reviewed by the City Clerk, The motion was
seconded by Councilor Rivera and unanimously [7-0] approved by the Council Members
present. [Councilor Almonte was absent from the Council Chambers at the time of the
vote].
Doc. 47/11: City Fiscal Year 2012 CDBG & Home Grant Funding – Budget and
Finance Cmt. & Public Hearing ordered
the Budget & Finance Committee to order a public hearing on the measure presented.
The report was presented in the form of a motion to order a public hearing which was
seconded by Councilor Aquino and unanimously [8-0] approved by the Council Members
present.
Doc. 86/11: Lawrence High School Scholarship campus check for $3,013.03 –
Budget and Finance Cmt. – Approved
of the Budget & Finance Committee to approve the item as presented. the motion was
seconded by Councilor Aquino and the Council Members present and unanimously
approved [8-0] by the Council Members present in the amount provided in the petition.
VIII. WITHDRAWALS: - None
IX. OLD BUSINESS:
231
Upon the motion of Councilor Rivera, as seconded by Councilor Almonte, the
Council Members present voted unanimously [8-0] to consider the items as a block.
Council President Moran called the following matters to the attention of the
52/09 Surplus Declaration – 33-35 Butler Street (Tax Map 187, Lot 37) – Richard
Burke, Planning Department – Ref. to Housing
207/10 Surplus Declaration – Willow Street – (Tax Map #170, Lot 152A) – Richard
Burke, Planning Department – Ref. to Housing
48/11 Surplus Declaration – 33-35 Tremont Street – (Tax Map #168, Lot 95) –
Richard Burke, Planning Department
X. TABLED MATTERS:
Councilor Maldonado presented a motion to remove Doc. 44/11 from the table.
The motion was seconded by Councilor Almonte and unanimously approved by the
Doc. 44/11: Huse Street – one way traffic–Ord. Cmt–Public Hearing ordered
of the Ordinance Committee on file informing the Council Members the Ordinance
Committee considered the matter and voted to recommend that Huse Street be converted
from its current traffic configuration to a one way street from Park Street to Spruce
Street. The report was presented in the form of a motion to order a public hearing on the
proposed ordinance. The motion was seconded by Councilor Almonte and the Council
Members present voted unanimously [8-0] to order a public hearing.
232
Councilor Almonte presented a motion to remove Doc. 34/11 from the table which
was seconded by Councilor Rivera and unanimously voted upon by the Council Members
present [8-0].
Doc. 34/11: Transient Vendor License – Orlando Lopez – 103 Bellevue Street,
Lawrence, MA – Tabled
Upon being granted the floor, Councilor Almonte inquired about the status of the
requested license by the petitioner. Councilor Bernal informed the Council Members that
the petitioner requires additional documentation for approval.
After a brief discussion among the Council Members present, Councilor Almonte
moved to table the item. The motion was seconded by Council Vice President Silva and
Doc. 34/11: Tabled
Council Vice President Silva presented a motion to remove Doc. 17/11 from the
table which was seconded by Councilor Almonte and unanimously approved by the
Doc. 17/11: Snowplowing – Counc. Laplante – Withdrawn
Upon being granted the floor, Councilor Laplante moved to withdraw the item from
the City Council Agenda. The motion was seconded by Councilor Rivera and
unanimously [8-0] approved by the Council Members present,
Councilor Laplante presented a motion to remove Doc. 22/11 from the table
which was seconded by Council Vice President Silva and unanimously approved by the
233
Doc. 22/10: New Automated Trash Collection and Allied Waste Services contract
update – to be discussed – Counc. Rivera – Tabled
Upon being granted the floor, Councilor Laplante asked if blue garbage disposal totes
have been distributed city wide by the contactor responsible for waste management in the
City of Lawrence.
Council President Moran provided a brief history of the item to the Council Members
and public and informed all concerned that there has not been a city wide distribution of
the blue garbage barrels to date.
Upon being continuing, Councilor Laplante presented a motion to send a letter to the
Acting Public Works Director John Isensee to attend the next City Council Meeting to
discuss the automated trash collection and to get an update on waste management in the
City of Lawrence. The motion was seconded by Councilor Rivera.
A discussion ensued among the Council Members regarding the ineffectiveness of the
new automated trash system in particular locations and specifically in the central
locations in the City.
Upon being granted the floor, Council Vice President Silva commented that the waste
management efforts take to date have resulted in an increase in fees established for the
disposal of certain trash items which, in turn, has resulted in an increase in illegal
dumping and serious neighborhood blight.
Upon being granted the floor, Councilor Rivera stated that the automated trash system
has proven to be economical but some of the details and plans for implementation have
fallen short its intended completion due to the fact that the contract was put into effect
toward the end of the prior administration. Councilor Rivera suggested that it would be
234
beneficial to invite a representative of “Allied Waste” [the waste management contractor]
to attend the next City Council Meeting in order to provide information on the topic of
discussion. Councilor Rivera requested the suggestion be considered a “friendly
amendment” to motion presented. Councilor Laplante agreed with the amendment.
presented. Upon motion of Councilor Laplante, as seconded by Councilor Rivera, the
Council Members present voted unanimously [8-0] to send a letter to Acting Public
Works Director Isensee requesting his attendance and the attendance of a representative
of Allied Waste, Co. to attend the next City Council Meeting for the purpose of
discussing the waste management system in the City of Lawrence.
Upon being granted the floor, Councilor Rivera presented a motion to table the
measure. The motion was seconded by Councilor Almonte and unanimously [8-0]
approved by the Council Members present.
Doc. 22/10: Tabled/Letter to DPW
XI. TABLED MATTERS:
235
34/11: Transient Vendor License–Orlando Lopez–103 Bellevue Street, Lawrence, MA
XII. NEW BUSINESS:
Doc.107/11: North Common Neighborhood Playground – permission to use for a
Birthday Party on June 4, 2011 from 2:00 p.m. to 6:30 p.m. – Esmeralda I. Garcia –
Withdrawn
Upon being granted the floor, Council Vice President Silva suggested the item may
result in liability.
Upon being granted the floor, Councilor Bernal suggested to send to Ordinance
Committee to determine.
Upon being granted the floor, Councilor Almonte informed the Council she would
meet with the petitioner. Councilor Almonte moved to withdrawn the item from the
Council Agenda. The motion was seconded by Councilor Rivera and the Council
Members present voted unanimously [8-0] to withdraw the item from the Council
Agenda.
X. NEW BUSINESS:
100/11: Transient Vendor License – Olga Jimenez – 43 Texas Avenue, Lawrence, MARef. to Ord.
101/11: Transient Vendor License – Nilda Ortiz – 415 Lowell Street, Lawrence, MARef. to Ord.
102/11: Old Gold Dealer License – Belkis Oslan – 442 Essex Street, Lawrence, MARef. to Ord.
236
103/11: Home Rule Petition - Establishing the Maximum Age for School Attendance in
the City of Lawrence – Mayor Lantigua-Ref. to Ord.
104/11: Iglesia de Cristo Rios de Agua Viva – request permission to use the
Campagnone Common Park on June 11th and July 16th, 2011 (rain dates
July 23rd and August 13th, 2011 from 1:00 p.m. to 8:00 p.m. for religious
preaching–Graciela Gual, Interim Pastor – Ref. to Ord.
105/11: Mt. Vernon Park – Driveway Dedication – Counc. Bernal – Ref. to Ord.
106/11: La Shekina de Jehovah – request permission to use the Dr. Nina Scarito Park on
July 16th, 2011 (rain date July 23rd, 2011) from 4:00 p.m. to 8:00 p.m. for
religious preaching – Juan Jimenez, Pastor – Ref. to Ord.
108/11: Semana Hispana – request permission to use the Campagnone Common Park
for their Annual Carnival on June 16th to June 19th, 2011 – Rosa Aquino,
Manager – Ref. to Ord.
109/11: Parking – Elvis Variety Store @ 9 Newton Street – (2) 15 minute spaces –
Council Pres. Moran – Ref. to Ord.
110/11: Illegal Dumping – Counc. Laplante – Ref. to Ord.
111/11: Church of Christ – request permission to use the North Common on August
20th, 2011 from 12:00 p.m. to 4:00 p.m. for a religious event – Maurice A.
Davies, Secretary – Ref. to Ord.
112/11: Parking – 336 Howard Street – issues – Jose Angueira & Counc. Almonte-Ref.
to Ord.
114/11: Transient Vendor License – Iranna Rodriguez - 383 Chestnut Street, Lawrence,
MA – Ref. to Ord.
XI. ADJOURNMENT:
Upon Motion of Councilor Rivera duly seconded by Councilor Maldonado, the
Council Members present voted unanimously to Adjourn.
ADJOURNED
(10:00p.m.)
Attest:
William J. Maloney
City Clerk
237
7:09 p.m. in the City Council Chamber with all Members present except Council Vice
President Silva who arrived at 7:11 p.m.
Three people were present.
Doc. 74/11: Massachusetts Electric Company d/b/a National Grid
request permission to locate poles, wires and fixtures –
Off Island Street–Ord. Cmt–Public Hearing - Approved
notice forwarded by mail to a list of abutters provided by the Assessor’s Office to the
City Clerk which included the addresses of property owners approximate to the location
of the work proposed by the petition presented. Upon the conclusion of the Clerk’s
reading of the public notice, Council President Moran opened the public hearing portion
of the proceedings and invited anyone who wished to be heard to present themselves
before the Council Members.
Upon being recognized, Arthur McCabe, Manager for Community Development for
the City of Lawrence, provided a summary of the work to be provided in conjunction
with an overall plan for development of the Island Street area which the Lawrence
238
Community Development Office has applied and received grant funding for the on-going
project.
A representative of National Grid appeared and informed Council about the proposed
pole location and installation to take place according to the plan filed with the City
Clerk’s Office and Community Development.
presented.
Councilor Almonte moved to approve the item as presented which was seconded by
Councilor Aquino.
Upon further discussion, Councilor Twomey asked the National Grid representative
to extend the thanks of the City of Lawrence for addressing the “double pole” problem
recently brought to their attention. He stated that the problem had persisted for a number
of years and that considerable progress toward final resolution has been reached.
Upon the Council Members present voted unanimously [9-0] to approve the item as
presented.
IV. Communication from Mayor, City Officials and City Attorneya: none
V. APPROPRIATIONS-ORDERS-RESOLUTION: none
Doc. 63/11: City of Lawrence Reprecinting and Redistricting – 2011 –
Council Pres. Moran – Public Hearing to be Ordered
239
the report of the Committee on the Whole recommending the City Council Members
consider ordering a public hearing on the item presented. The report was presented in the
form of a motion to order a public hearing which was seconded by Councilor Almonte
VII. WITHDRAWN: none
VIII. OLD BUSINESS: none
IX. TABLED MATTERS:
Upon a motion presented by Councilor Twomey, as seconded by Council Vice
President Silva, the Council Members present voted unanimously [9-0] to remove Doc.
339/10 from the table.
Doc. 339/10: Under Rule 25 – amendment of rules-approved
Upon being recognized, Councilor Twomey provided a brief history of the item and
informed the Council Members that he believes that the City Council should adopt a rule
that prohibits the public from signs in the Council Chamber during sessions. He stated
that the Council Chamber is small and cannot safely accommodate the use of signs and
the public simultaneously. He pointed out that the City of Boston and the City of Lowell
have adopted such measures despite the recommendation of City Attorney Boddy that
such measures may be contrary to the First Amendment free speech provision of the
United State Constitution. He concluded by urging the Council Members to approve an
amendment to the City Council Rules that would prohibit the display of signs in the
Council Chamber when Council is in session.
240
A discussion ensued among the Council Members regarding the item presented. At
the request of Councilor Bernal, the City Clerk read the measure under consideration.
presented. Upon the motion to approve the measure, the Council Members voted to
approve the measure as follows: Yes- 6; No-3;
IX. TABLED MATTERS:
X. NEW BUSINESS: none
XI. ADJOURNMENT:
241
Upon Motion of Councilor Maldonado, duly seconded by Councilor Almonte, the
ADJOURNED
(7:28 p.m.)
Attest:
William J. Maloney
City Clerk
242
7:10 p.m. in the City Council Chamber with all Members present.
Approximately thirteen people were present.
III. PUBLIC HEARINGS: none
IV. Communication from Mayor, City Officials and City Attorney: none
Doc. 115/11: FY 2012 Budget – Mayor Lantigua-PresentedRef. to Budget & Finance Cmt.
At the invitation of Council President Moran, Mayor Lantigua addressed the City
Council Members and publicly presented the FY 2012 Budget for the City of Lawrence
with a power point presentation providing information concerning the FY 2012 proposed
City Budget.
Council President Moran thanked Mayor Lantigua for the presentation and referred
the item for further proceedings before the Budget and Finance Committee of the
Lawrence City Council.
Doc. 115/11: Presented/Ref. Budget & Finance
243
Doc. 116/11: FY 2011 End of Year Budget VotesCounc. Rivera-Ref. to Budget & Fin. Cmt.
Council President Moran introduced the item and informed the Council Members that
the item is referred to the Budget and Finance Committee for further proceedings.
Council President Moran announced that a scheduled meeting of the Budge and Finance
Committee would be held immediately following this meeting of the City Council.
Doc. 116/11: Ref. Budget & Finance
VI. COMMITTEE REPORTS: none
VII. WITHDRAWN: none
VIII. OLD BUSINESS: none
IX. TABLED MATTERS:
X. NEW BUSINESS: none
244
XI. ADJOURNMENT:
Upon Motion of Councilor Rivera, duly seconded by Councilor Almonte, the Council
Members present voted unanimously [9-0] to Adjourn.
ADJOURNED
(7:50 p.m.)
Attest:
William J. Maloney
City Clerk
245
DATE: Tuesday, June 7, 2011
A REGULAR MEETING of the City Council was held on Tuesday, June 7,
Approximately Thirty-three [33] persons were present.
of City Council Meetings conducted May 17, 2011, May 24, 2011 and May 31, 2011
were submitted by the City Clerk for consideration and acceptance of the City Council
Members.
accept the minutes.
Homayoun Maali, 53 Chester Street, Lawrence, MA discussed violent incidents
occurring, which require Public Safety.
Jean Roy, 169 Gilbert Street, Lawrence, MA suggested that a program to allow
senior citizens to assist with city projects or programs. He commented that the recent
246
[Tuesday, June 7, 2011]
investigation into the Greater Lawrence Community Action Council proved that its
administrative employees were being paid for time they were not working during the day.
He suggested that assistance provided by volunteer seniors would be more productive and
less wasteful.
Dick Russel, 34 Cross Street, Lawrence, MA stated that he has concerns about
publicly funded payment for police detail during Hispanic Week. He also stated that
hiring laid off Public Works employees appears to have resulted in their ability to obtain
health insurance benefits despite their “temporary” status [which should not result in the
availability of health insurance]. He also questioned the $5,000 stipend paid to the City
Overseer for travel expenses.
Lindy Galland, 196 West Street, Lawrence, MA informed that Council Members
of the recent passing of John Dmytrow and discussed his enthusiasm and participation in
local politics and local social events. She stated that Mr. Dmytrow ill be missed.
Clarence Morse, 89 Emmett Street, Lawrence, MA commented that Lawrence
needs leadership. He discussed his concern for prioritizing public safety, his opposition
to drug use, and other issues relating to public safety in Lawrence. He stated that
Lawrence residents are willing to offer their assistance in many ways and asked the
Council Members to help the Lawrence residents help themselves.
Doc. 80/11: Emmett Street – One way southerly direction from Kingston to Newton
Streets – Public Hearing held – Approved
247
Council Members.
Jean Croteau, 51 Emmett Street, Lawrence, MA spoke in support of making
Emmett Street a “one way” street but stated that it would probably be better if it were in
effect only when school is open and not permanent.
Peter Larocque, former School Committee Member, 9 Boyd Street, Lawrence,
MA spoke in favor of the measure.
Clarence Morse, 89 Emmett Street, Lawrence, MA informed the Council
Members that traffic problems occur in the morning at the beginning of the school day
and when school is getting out of session in the afternoon. He stated that he is not in
favor of permanently making Emmett Street a “one way” street and suggested that police
traffic enforcement at the beginning and end of the school day would sufficiently address
the situation.
Mark Gray, current Member of the Lawrence School Committee, 17 Groton
Street, Lawrence, MA provided the Council Members with the results of his “door to
door” survey of some Hamlet Street residents concerning the effectiveness of the recent
change of that street to a “one way” street which is in effect only at the beginning and end
of the school day for the Frost School. He informed the Council Members that the results
of his inquiry determined that the residents believed the signage announcing the “one
way” street time periods was not sufficient and that most agreed that there were
continuous traffic safety concerns. School Committeeman Gray concluded by informing
248
the Council Members that he opposes making Emmett Street a one way street because the
Lawrence Police do not have enough police officers available to enforce it.
Lenny Eddy, 63 Bigelow Street, Lawrence, MA, Lawrence School Safety Officer
assigned to the Weatherbee School, informed the Council Members it would help keep
the children safe if Emmett Street were a one way street.
Eric Croteau, 51 Emmett Street, Lawrence, MA stated he opposes making
Emmett Street a one way street permanently and suggested the “one way” provision
should be in place only during school hours.
Scott Croteau, 54 Howard Street, Lawrence, MA, Assistant Principle of the
Weatherbee School, stated he supports the proposed measure and informed the Council
Members that the result will be greater safety for the students attending the Weatherbee
School.
Carol Kolifrath, 113-115 Emmett Street, Lawrence, MA stated she lived in the
area for forty-five years and was not in favor of the measure presented. She stated that
although she doesn’t currently live on Emmett Street she is not sure what will result if the
street is made a “one way” street. A discussion ensued between Mr. Scott Croteau and
Ms. Kolifrath [inaudible].
Joseph [last name unknown], Essex Street, Lawrence, MA commented that any
parent who would let their children out of the car into traffic should be ticketed.
249
measure which was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Almonte discussed the safety issues
posed by the current traffic situation. She posed question to Assistant Principle Croteau
regarding “pick-up” and “drop off” issues he monitors each school day.
Upon being granted the floor, Councilor Bernal stated that the Weatherbee School
has had a history of traffic safety issues. Councilor Bernal stated that her discussions with
Emmett Street residents were not “opposed” to a permanent one way street and were not
necessarily in favor of creating a temporary “one way” street at the beginning of the
school day and when school is dismissed. She informed the Council Members about the
residents in support of the petition and stated that some safety issues will persist even if
the measure is approved.
Upon being granted the floor, Councilor Rivera pointed out that an important
aspect of the item presented is that it has the support of the Lawrence Police. He stated
further that action on the measure should be taken and if approved, the Council may
revisit the matter to make any adjustments that may be necessary.
Upon being granted the floor, Councilor Maldonado posed questions to Assistant
Principle Croteau about the proposed one way street measure.
Upon being granted the floor, Councilor Twomey stated that he supports the
measure as it will serve to protect the children.
250
measure presented by Councilor Rivera, as seconded by Councilor Bernal, the Council
Members present voted as follows to approve the measure. Yes-7; No-1
Councilor LaPlante -Yes
Council Vice President Silva -Yes
appearing on the agenda. The motion was seconded by Council Vice President Silva and
IIII. OLD BUSINESS:
Doc. 355/10: Lawrence Street – closing between Haverhill and Lebanon Streets at
the time of dismissal of the Oliver School and School of Exceptional Studies in the
former Lawrence High School building on Haverhill Street – (School days from 2:30
p.m. to 3:00 p.m.) – Tabled
Council President Moran introduced the measure and Captain Roy Vasque of the
Lawrence Police Department informed the Council Members that he appears on behalf of
Police Chief Romero at the invitation of the City Council in order to address the pending
item. He informed the Council Members that Chief Romero wishes to notify the Council
Members that the Lawrence Police is not in favor of the use of Lawrence Auxiliary
Police Officers to provide traffic control to close Lawrence Street between Haverhill and
Lebanon Streets upon dismissal of school. He indicated that use of auxiliary police for
251
this purpose would result in certain liability and possible union action. He stated that
each of the schools in Lawrence have individual traffic safety issues and that if Council
approves police oversight in this instance all schools in Lawrence may request the same
police attention. He informed the Council Members that it is simply not enough police
personnel to provide traffic control to all the schools.
Alan Andrews, President of the Lawrence Superior Officer’s Union, informed the
Council Members that the Union opposes the use of “volunteers” for traffic control
supervision in addition to opposing the use of Lawrence Auxiliary Officers. He stated
that use of individuals in this manner is a direct encroachment upon duties and
responsibilities reserved to authorize and qualified Lawrence Police Officers. He also
stated that the current shortage of police officers available for regular duties will make
traffic control staffing difficult if not impossible.
Upon being granted the floor, Councilor Rivera posed questions to Captain
Vasque regarding police action and policy to address traffic problems throughout the City
of Lawrence. Captain Vasque stated that the reduction in the police force does not permit
the opportunity to implement traffic enforcement measures as it had in the past when
there were enough police officers available to conduct traffic enforcement tactics.
Upon being granted the floor, Councilor Almonte stated that auxiliary officers and
volunteers have been used to conduct traffic control duties for a variety of events in the
past and should be used to assist the Schools with traffic control issues to provide safety
to the children.
252
Upon being granted the floor, Council Vice President Silva stated that she agrees
that only authorized and qualified members of the Lawrence Police Department should be
allowed to implement traffic control and that such an important matter should not be left
to auxiliary officers or volunteers. Council Vice President Silva posed questions to
Captain Vasque about the availability of auxiliary police officers if the assistance were to
be used for traffic control. She pointed out that Lebanon Street should be used more
often and exclusively to “pick up” and “drop off” students to relieve the flow of traffic on
Lawrence Street
Upon being granted the floor, Councilor Laplante stated that he is still not clear
about the authority of auxiliary police officers or the functions they are allowed to
perform to assist the Lawrence Police. Councilor Laplante presented a motion to have a
letter sent to Chief Romero in order to explain the duties and responsibilities of Lawrence
Auxiliary Police Officers. The motion was seconded by Council Vice President Silva
Upon being granted the floor, Councilor Almonte stated that prior reports of
children being hit by motor vehicles during dismissal at the school were provided by
School Committee Member Reyes in prior sessions before the City Council.
deny the petition present. The motion was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Maldonado suggested that the Council
Members would be better served if they would wait for the information from Police Chief
Romero concerning the duties of Lawrence Auxiliary Police Officers before taking any
253
further action on this item. He moved to “table” the petition to allow Chief Romero to
respond to the letter the Council Members just voted to be sent on this matter. The
motion was seconded by Councilor Almonte. In response, Council Vice President Silva
withdrew her motion to deny the petition. The Council Members present voted as
follows to “table document” 355/10 pending further information from Police Chief
Romero: Yes-7; No-2
Doc. 355/10: Tabled
Doc. 52/09: Surplus Declaration – 33-35 Butler Street – (Tax Map #187, Lot 37) –
report from the Housing Committee to approve the disposition of City owned property
located at 33-35 Butler Street (Tax Map #187, Lot 37) by transfer of title to Mr. Duarte in
the amount of $2,040.00 with a restriction that the property be used only for parking and
with the agreed upon conditions of the sale. The report was presented in the form of a
254
motion to approve the transfer which was seconded by Councilor Rivera and
Doc. 207/10: Surplus Declaration - Willow Street – (Tax Map #170, Lot 152/A) –
report from the Housing Committee to approve the disposition of City owned property
located at Willow Street (Tax Map #170, Lot 152/A) by transfer of title to Willow Tree
Real Estate, LLC in the amount of $3,200.00 with a restriction that the property be used
only for parking and with the agreed upon conditions of the sale. The report was
presented in the form of a motion to approve the transfer which was seconded by
Councilor Rivera and unanimously [9-0] approved by the Council Members present.
Doc.48/11: Surplus Declaration – 33-35 Tremont Street – (Tax Map #168, Lot 95) –
report of the Housing Committee to accept the report presented without a
255
recommendation. The motion was seconded by Councilor Rivera and unanimously [9-0]
accepted by the Council Members present.
Councilor Laplante moved to approve the disposition of City owned property
located at 33-35 Tremont Street (Tax Map #1168, Lot 95) by transfer of title to Lydia
Raposo and Carlos Raposo in the amount of $4,650.00 with deed restrictions providing
for use as open space and parking only and other agreed upon conditions of the sale. The
report was presented in the form of a motion to approve the transfer which was seconded
by Councilor Rivera and unanimously [9-0] approved by the Council Members present.
Doc. 63/11: Redistricting/Re-precinting Plan – Public Hearing held –
District and Precinct locations Approved/Tabled/public hearing continued
Council Members.
Joan McCarthy of Birch Hill Terrace, Lawrence, MA informed the Council
Members that the “District D” proposed precinct line locations proposed are different
than as they existed ten years ago. She stated that the proposed plan changes “District D”
256
entirely and displaces it from its previous location on Tower Hill. She discussed the
differing and shifting of the precincts for districts “C” and “D” applied to Local Elections
and State Elections resulting from the Department of Justice suit in 2001 and suggested
that something more could be done to reconfigure “District D” in order to have it appear
in its former location and dimension.
Homayoun Maali, 53 Chester Street, Lawrence, MA stated that the current racial
populations appear to require greater Hispanic representation on the Lawrence School
Committee.
Dick Russell, 34 Cross Street, Lawrence, MA stated he hoped that the efforts to
redistrict and re-precinct would result in allowing him [and other affected] to vote only in
one poll location rather than to have it change between Municipal and State Elections.
Upon being granted the floor, Councilor Bernal [District F Councilor] discussed
an issue pertaining to the location of precinct lines bordering precincts E-2 and F-1 being
considered by Councilor Laplante [District F Councilor] and herself which affect
approximately 47 voters. Councilor Bernal stated that a compromise is likely to be
entered to resolve the matter. Councilor Bernal presented a motion to approve the
measure presented with further discussion. The motion was seconded by Councilor
Rivera.
257
At the request of Councilor Bernal, Attorney William McDermott provided a
legislative history and background of the districting process applicable to all Cities and
Towns to be presented for approval to the Legislature. He informed the Council
Members about the required process and the current number of voters required to be in
each precinct pursuant to G.L. c. 54.
Upon continuing, Councilor Bernal posed questions about the assignment of
certain street locations. Referencing Map V-4 presented for approval, Councilor Bernal
suggested that if certain voter block assignments appearing in precinct E-1 were
reassigned to precinct F-1, the variance required by law could be maintained by
reassignment of block assignments from the easterly portion of precinct E-1 to precinct
E2. Attorney McDermott agreed and suggested that any such amendment would have to
be shown on a District/Precinct Map before the Council Members for final approval.
Upon being recognized, Councilor Rivera presented an amendment to the motion
to approve to add those amendments to the District/Precinct Map to reflect the changes as
stated by Councilor Bernal.
A discussion ensued among the Council Members and Attorney McDermott
concerning the proposed amendments to Map V-4 and the manner required by the
Legislature to obtain a vote of final approval by the City Council.
Upon being recognized, Councilor Laplante moved the amendment to the motion
for approval that will incorporate the changes to the sections of precincts E-1, E-2, and
F-1 as discussed. Councilor Bernal accepted the amendment to her motion for approval
of the District/Precinct Map.
258
Upon being granted the floor, Council Vice President Silva informed the Council
Members that there are significant differences in the overall population between proposed
“District C’ and “District D” which do not occur in a comparative value of the other
districts being proposed. She suggested that the population differences could have been
closer in value between all districts. Attorney McDermott responded that he was not sure
about that the numeric differences between “District C” and “District D”, or any other
District, as appears on the proposed plan. He stated that he is sure that the proposed plan
provides an equal distribution of population throughout the City of Lawrence that State
law requires and will be approved by the Legislature.
Upon being granted the floor, Council Vice President Silva suggested that the
district lines could possibly be adjusted to provide a greater balance in population.
Attorney McDermott responded by pointing out that the increase population is reflected
in the proposed plan particularly with the expansion of precinct F-4 which previously
ended on the south side of the Merrimack River and now goes into the north side of the
river up to Methuen Street which was formerly the southern part of precinct B-4.
Upon being granted the floor, Councilor Rivera discussed the significant
population changes and suggested the question be moved.
measure presented by Councilor Bernal, as amended by agreement and seconded by
259
Councilor Rivera, the Council Members present voted as follows [8-1] to approve the
Redistricting/Re-precinting Plan with amendment. Yes-8; No-1
Councilor Twomey -Yes
Upon motion of Council Vice President Silva, seconded by Councilor Almonte
the Council Members present voted unanimously [9-0] to table document 63/11 and
continue the public hearing before the Council Members at a later date and time.
Doc. 63/11: Approved/Tabled/public hearing continued
Doc. 324/10: Handicapped Parking – 171 Salem Street – Public Hearing held –
Approved
Council Members.
260
to approve Handicapped Parking at 171 Salem Street.
Doc. 41/11: Handicapped Parking – 344 Hampshire Street – Public Hearing held –
Approved
Council Members.
261
[9-0] to approve Handicapped Parking – 344 Hampshire Street.
Doc. 44/11: Huse Street – Request to change direction of one way – Public Hearing
held – Approved
Council Members.
seconded by Councilor Bernal, the Council Members present voted unanimously
[9-0] to approve Huse Street – Request to change direction of one way.
Doc. 47/11: City Fiscal Year 2012 CDBG & Home Grant Funding – Public Hearing
held – Approved
262
Council Members.
James Barnes, Community Development Director, provided the Council
Members with information concerning proposal for consideration of approval of the City
Council.
At the request of Council President Moran, Director Barnes discussed and
explained the projects subject of the proposed FY 2012 Community Block Grant
[hereinafter “CDBG”] funding request.
measure presented, as seconded by Councilor Maldonado.
Upon being granted the floor, Council Vice President Silva posed questions to
Director Barnes about funding of certain programs listed, that may not be viable.
[Councilor Almonte presented a motion to conduct Council business
past 10:00 p.m. which was duly seconded by Council Vice President Silva and
Director Barnes continued by informing the Council Members that only programs
that are considered “viable” were considered for funding.
263
Council Vice President Silva discussed funding of Youth Programs and the
administration of applications presented for funding. Director Barnes provided
information about the Youth Program applications and requests for funding.
Upon being granted the floor, Councilor Laplante stated that he had previously
filed a “Disclosure of Potential Conflict Statement” with the City Clerk which may or
may not pertain to some of the grants contained in the proposed budget submitted for
consideration. Councilor Laplante posed questions about the overall reduction of the FY
2012 CDBG funding grants as well as some specific programs subject to the proposal.
Director Barnes responded by discussing the process for the selection of applicants for
funding through the Administration. Councilor Laplante suggested that greater focus
could be made for applications that target youth programs in the future.
seconded by Councilor Maldonado, the Council Members present voted as follows
to approve the item: Yes-5; No-3; Absent-1
Councilor Bernal - Absent
264
Doc. 57/11: Handicapped Parking – 487 Andover Street – Public Hearing held –
Approved
Council Members.
approve Handicapped Parking at 487 Andover Street.
Doc.76/11: Handicapped Parking - 142 High Street – Public Hearing held –
Approved
265
Council Members.
approve Handicapped Parking - 142 High Street.
VII: Communication from Mayor, City Officials & City Attorney: None
VIII. COMMITTEE REPORTS:
Doc.114/11: Transient Vendor License – Iranna Rodriguez – 383 Chestnut Street –
from the Ordinance Committee in the form of a motion to approve the application as
266
presented which was seconded by Councilor Almonte and unanimously [9-0] approved
by Council Members present.
IX. OLD BUSINESS:
Doc. 93/11: Appropriation Transfers – City Attorney’s Office – from Automobile
Insurance - $120,000.00 & Dental Insurance – $155,000.00 to Legal Services $275,000.00 – Charter Objection – Approved
Upon being granted the floor, Councilor Rivera moved to approve the measure as
presented, which was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Rivera reviewed the request to transfer
presented in this item and summarized the concerns resulting in the Charter Objection.
Upon invitation of Council President Moran, City Attorney Charles Boddy
presented himself before the Council Members to provide information on this item.
A discussion ensued between Councilor Rivera and Attorney Boddy regarding the
$14,650.00 expenditure cited in the financial report as being paid to the Mintz Levin Law
Firm. Attorney Boddy discussed and explained the expense and informed the Council
Members the amount has not been paid as of the present date.
Upon being granted the floor, Council Vice President Silva discussed the sum due
and her concerns about the outstanding amounts due for prior years as contained in the
financial report provided to the Council Members.
267
Upon being granted the floor, Councilor Rivera commented that the concern was
due because the Council Members were not sure if a “hold” had been placed on the
payment of Mintz Levin invoices. Councilor Maldonado agreed with Councilor Rivera
assessment of the matter.
Upon being granted the floor, Councilor Bernal asked Attorney Boddy if the
14,000 expense was attributable to the attendance of Council for Mintz Levin to appear
before the City Council to answer billing questions persisting in the prior bills. Attorney
Boddy stated that Mintz Levin did not bill for attending the meeting referenced by
Councilor Bernal.
Upon being granted the floor, Councilor Laplante posed questions about certain
bills for legal services provided to retain outside Counsel as well as costs attributable to
settlements and judgments.
Upon being granted the floor, Councilor Rivera posed questions about
expenditures for legal services for union negotiations. Attorney Boddy explained that
outside Counsel are typically necessary to assure the City receives competent
representation in matters that require specific training and expertise to obtain the best
possible result in any cause of action.
upon the Council Members present to consider the matter present. Upon motion of
Councilor Rivera to approve the measure as presented, as seconded by Councilor Bernal
the Council Members present voted as follows to approve the item presented:
Yes-7: No-2
268
Councilor Aquino – Yes
Councilor Maldonado- Yes
Upon being granted the floor, Councilor Maldonado presented a motion to send a
letter to invite Attorney Boddy and Comptroller Camasso to attend the next Regular City
Council Meeting on June 21, 2011. The motion was seconded by Councilor Rivera and
the Council Members present voted unanimously [9-0] to approve sending the letter.
X. COMMITTEE REPORTS:
Doc. 81/11: Iglesia Cristo Misionera - request permission to use the Campagnone
Common Park on June 25th, July 9th & August 6th, 2011 for religious service –
from the Ordinance Committee in the form of a motion to approve Iglesia Cristo
Misionera request to use the Campagnone Common on June 25th, July 9th & August 6th,
2011 for religious service , as seconded by Councilor Aquino and unanimously [9-0]
approved by Council Members present.
269
Councilor Aquino presented a motion to take document 104/11 out of the order
Doc. 104/11: Iglesia de Cristo Rios de Agua Viva – permission to use the
Campagnone Common on June 11th and July16th, 2011 (rain dates: July 23rd &
August 13th, 2011) from 1:00 p.m to 8:00 p.m. for religious preaching – Ord. Cmt. –
Approved
from the Ordinance Committee in the form of a motion to approve Iglesia de Cristo Rios
de Agua Viva request to use the Campagnone Common on June 11th and July16th, 2011
(rain dates: July 23rd & August 13th, 2011) from 1:00 p.m to 8:00 p.m. for religious
preaching, which was seconded by Councilor Aquino and approved by the Council
Members present as follows: Yes-8: Abstain - 1
Councilor Twomey - Abstain
Doc.106/11: La Shekinah de Jehovah – request permission to use Dr. Scarito Park
on July 16th, 2011 (rain day July 23rd, 2011) from 4:00 p.m. to 8:00 p.m. for
religious preaching – Ord. Cmt. – Approved
270
from the Ordinance Committee in the form of a motion to approve La Shekinah de
Jehovah request to use Dr. Scarito Park on July 16th, 2011 (rain day July 23rd, 2011)
from 4:00 p.m. to 8:00 p.m. for religious preaching , which was seconded by Councilor
Aquino and unanimously [9-0] approved by Council Members present.
Doc.108/11: Semana Hispana – permission to use the Campagnone Common Park
for Annual Festival from June 16th to June 19th, 2011 (Sunday night until 9:30 p.m.)
– Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve Semana Hispana
request to use the Campagnone Common for Annual Festival from June 16th to June 19th,
2011 which was seconded by Councilor Aquino.
Upon being granted the floor, Councilor Bernal clarified public inquiry about the
use of the Lawrence Police to provide their assistance during the festival and stated that
Semana Hispana provides payment for all necessary police coverage from its own funds.
A discussion ensued among Council Members and Ms. Lopez [representing the
petitioner] regarding Sunday’s closing time. Councilor Bernal modified her motion for
the event to close at 10: 00 p.m. Sunday night.
271
Upon being granted the floor, Councilor Aquino asked Maria Lopez [President of
Semana Hispana 2011] about the times the event would be held and confirmed that the
event will end at 10:00 pm on Sunday, June 19, 2011.
At the request of Councilor Twomey, Ms. Lopez provided the dates and times the
event will be held: Friday - 5:00 p.m. to 11:00 p.m.; Saturday - 2:00 p.m. to 11:00 p.m.;
and Sunday - 12:00 noon to 10:00 p.m.
Upon being granted the floor, Councilor Laplante asked about the entertainment
hired for the event and requested that the Council Members be provided a viable
telephone number to access someone in authority in order to address complaints that may
be registered with any of the Council Members by the public. Ms. Lopez stated that she
would be responsible to receive such complaints and stated that she would provide the
Council Members with her cell phone number for that purpose.
Upon being granted the floor, Council Vice President Silva stated that excessive
noise is a continued concern for events held which continues to be the usual complaint to
the Council Members during each event.
Upon being granted the floor, Councilor Laplante suggested that some mechanism
be put in place to allow the Councilor to contact event sponsors concerning complaints.
Upon being granted the floor, Councilor Aquino posed questions about the event
to Ms. Lopez and stated that the event is one that is usually without any incident.
Council President Moran thanked Ms. Lopez for her work on Semana Hispana
and stated that the annual event is a showcase for the Hispanic culture which everyone
enjoys.
272
presented. Upon a motion to approve the petition by Councilor Bernal, as seconded by
Councilor Aquino, the Council Members present voted unanimously [9-0] to approve the
measure.
[At 11:10 p.m. Councilor Rivera moved to recess the Council proceedings for
5 minutes, which was seconded by Councilor Aquino and unanimously approved
[9-0] by the Council Members present.
[At 11:15 p.m. Councilor Rivera moved to resume the Council proceedings
and terminate recess, which was seconded by Councilor Aquino and unanimously
XI. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 116A/11: Declare Overlay Surplus: FY’2003 - $120,400.00, FY’2004 $120,400.00–Total amount: $240,800.00–B & F Cmt.- Counc. Rivera – Approved
At the request of Council President Moran, Councilor Rivera introduced the item
for consideration by the Council Members present. Councilor Rivera informed the
Council Members that Overseer Robert Nunes requested that his support of the measures
to be presented under Doc. 116/2011 on behalf of the Mayor’s Office be known and that
he extends his apologies for being unable to attend the Council Meeting due to a prior
commitment. Councilor Rivera moved to approve the measure presented which was
seconded by Councilor Laplante. A discussion ensued between Councilor Rivera and
Councilor Laplante regarding the item presented.
273
the motion to approve and the Council Members present voted unanimously [9-0] to
Doc.116B/11: Appropriation Transfer from Overlay Surplus $240,800.00 to
FY’2011 Snow and Ice Account – B & F Cmt. Counc. Rivera – Approved
of the Budget and Finance Committee recommending the approval of the measure
presented. The report was presented in the form of a motion to approve which was
seconded by Councilor Maldonado.
Upon being granted the floor, a discussion ensured between Councilor Laplante
and Councilor Rivera concerning the usual method of funding the “snow and ice”
account in the City of Lawrence pointing out that underfunding the account is preferred
in order to assure funds are not unnecessarily encumbered if the winter months do not
require more plowing and sanding.
the motion to approve and the Council Members present voted unanimously [9-0] to
Doc.116C/11: Appropriation Transfer -$200,000.00 from the Sale of Property
Storrow School Account to reduce FY’2011 Debt Liability (contingent on the real
estate closing of the Storrow School prior to June 30, 2011) – B & F Cmt.- Counc.
Rivera - Approved
274
Upon being granted the floor, Councilor Rivera provided the Council Members
with an explanation of the impact approving the measure will have upon the FY 2011
debt liability.
the motion presented for consideration of the Council Members present who voted
unanimously [9-0] to approve the item.
Doc. 116C/11: Approved
Doc.116D/11: Appropriation Transfer - $200,000.00 from the FY’2011 Debt Line
item to FY’2011 Snow and Ice Account (contingent on the real estate closing of the
Storrow School prior to June 30, 2011) – B & F Cmt.-Counc. Rivera – Approved
seconded by Councilor Aquino. Councilor Rivera and informed the Council of the
impact a vote to approve will have on the overall budget.
called the motion presented for consideration of the Council Members present who voted
Doc. 116D/11: Approved
Doc.116E/11: Establish a Capital Reserve Fund pursuant to Chapter 58 of the Acts
of 2010 – B & F Cmt. – Counc. Rivera – Approved
275
seconded by Councilor Aquino. Councilor Rivera provided the Council Members with
an explanation of the impact of a favorable vote on this item.
called the motion presented for consideration of the Council Members present who voted
Doc. 116E/11: Approved
Doc.116F/11: Appropriation Transfer - $780,000.00 from the Capital Projects Fund
to the Capital Reserve Fund – B & F Cmt.- Counc. Rivera – Approved
presented. The report was presented in the form of a motion to approve the item which
was seconded by Councilor Aquino and unanimously approved [9-0] by the Council
Members present.
Doc.116F/11: Approved
Doc.116G/11: Appropriation Transfer - $3,700,000.00 from Free Cash to Health
Insurance Trust Fund– B & F Cmt.-Counc. Rivera – Approved
of the Budget & Finance Committee to accept the Committee report as presented. The
report was presented in the form of a motion which was seconded by Council Vice
President Silva and it was unanimously [9-0] voted to accept the report presented.
276
Upon being granted the floor, Councilor Rivera moved to approve the measure
presented which was seconded by Councilor Maldonado. Councilor Rivera informed the Council
Members present of the intended purpose of the measure presented.
Upon being granted the floor, Councilor Twomey posed questions to Councilor
Rivera regarding the source of funding regarding the item presented. A discussion
ensued between Councilor Rivera and Councilor Twomey regarding the funding source
of the item.
Upon being granted the floor, Council Vice President Silva indicated that Sullivan
& Powers [independent auditor for the City of Lawrence] were asked to attend the
Council Meeting in order to provide information concerning these matters which may
remain unanswered because they are not available.
Upon being granted the floor, Councilor Rivera discussed and explained the
application of funds applied from recent deficit borrowing and funds applied from “free
cash”.
Upon being granted the floor, Council Vice President Silva discussed the
importance of balancing budgets and debts that are outstanding. She stated that the use of
3.7 million dollar deficit borrowing permitted by the Legislature would be better spent to
help alleviate the financial problems occurring in public safety and other municipal
operations rather than to be applied otherwise.
Upon being granted the floor, Councilor Laplante inquired about the deficit that
now exists in FY 2011 in the Health Insurance Trust Fund.
277
Upon being granted the floor, Councilor Rivera pointed out to the Council
Members that information concerning the analysis and results of the audit can be found in
the report forwarded to each of the Council Members by Sullivan and Powers.
Councilor Laplante expressed concern about voting on the present matter without
further information.
Upon being granted the floor, Councilor Rivera stated that the matter under
consideration has been before the City Council Members for approximately one week and
suggested that there has been sufficient time to inquire and obtain additional information
if needed.
Upon invitation, City Comptroller David Camasso addressed the Council
Members and provided information concerning the item presented.
the motion presented for consideration of the Council Members present who voted to
approve the item as follows: Yes-8; No-1
Doc. 116G/11: Approved
Doc.116H/11: Establish Airport Enterprise Fund – B&F Cmt. –
Counc. Rivera - Approved
278
of the Budget and Finance Committee to accept the report as presented. The motion was
seconded by Councilor Maldonado and the Council Members voted unanimously [9-0] to
accept the report of the Budget and Finance Committee as presented.
Upon being recognized, Councilor Rivera moved to approve the measure
presented which was seconded by Councilor Maldonado. Upon invitation, Attorney Michael
Miller, Lawrence Airport Commissioner addressed the Council Members regarding the
item and presented the Council Members with a financial report of the Lawrence Airport.
Upon being granted the floor, Councilor Maldonado posed questions to
Commissioner Miller the method of accounting for monies received by the Lawrence
Airport. Commissioner Miller informed the Council Members that the funds received by
the Lawrence Airport are restricted and must be used by the Lawrence Airport.
Upon being granted the floor, Councilor Laplante posed questions about the
purpose of the proposed Airport Enterprise Fund.
the motion presented for consideration of the Council Members present who voted
Doc. 116H/11: Approved
Doc.116J/11: Vote to waive Section 5 Chapter 377 of the Acts of 1993 regarding the
Special Reserve Fund – B & F Cmt.- Counc. Rivera – Approved
279
presented. The report was presented in the form of a motion to approve the item which
was seconded by Councilor Aquino.
[12:00 a.m.: Council Vice President Silva presented a motion to conduct Council
business past 12:00 a.m. The motion was seconded by Councilor Aquino and
approved by vote of the Council Members as follows: Yes – 7; No – 2]
Councilor O’Connor Bernal - Yes
After the conclusion of the above vote, Council President Moran called the
motion presented to the attention of the Council Members present for their consideration.
The Council Members present voted unanimously [9-0] to approve the measure
presented.
Doc.116J/11: Approved
table. The motion was seconded by Councilor Almonte and unanimously approved by
Doc. 22/10: New Automated Trash Collection and Allied Waste Services contract
update – to be discussed – Counc. Rivera – Tabled
Upon being granted the floor, Councilor Laplante reviewed the history of the item
before the City Council and posed question to Acting Public Works Director John Isensee
280
concerning the original plans to distribute “blue barrels” throughout the City of
Lawrence. Acting Director Isensee provided the Council Members with an overview of
the automated trash system in place and informed the Council Members that outfitting the
remainder of the City locations with “blue trash barrels” may result in an excessive cost.
Upon being recognized, Councilor Twomey posed questions about the “yard
waste” pick up schedule and whether it could be extended into the summer weeks.
Acting Director Isensee provided information about the current charges incurred for
implementing the “yard waste” pick-up weeks and that it could result in addition cost if
extended.
progress of the “recycling program” in Lawrence which Acting Director Isenssee stated
was improving.
Upon no further inquiry, comment or discussion by the Council Members present,
Councilor Almonte presented a motion to “table” the item which was seconded by
Councilor Rivera and unanimously approved [8-0] by the Council Members present
[Councilor Aquino being absent from the Council Chamber when the vote was recorded].
Council President Moran called the following matters to the attention of the
Doc. 123/11: Water Department Retained Earnings Expenditures –
John R. Isensee, Acting Director of Public Works-Ref. to Ord Cmt.
Doc. 133/11: DPW – FY’2011 Appropriation Transfers –
David A. Camasso, Comptroller-Ref. to B&F Cmt.
Doc. 120/11: Resolution – Glass-Steagall – Counc. Almonte - Tabled
281
At the invitation of Council President Moran, Councilor Almonte addressed the
Council Members on the item presented and moved to “table” the item. The motion was
seconded by Councilor Twomey and unanimously approved [8-0] by the Council Members
present [Councilor Aquino being absent from the Council Chamber when the vote was
recorded].
Doc. 120/11: Tabled
Doc. 138/11: Resolution- Hands United of Lawrence –
Council Pres. Moran – Tabled
\
Council President Moran address the Council Members on the item presented and
stated that he intended to present the Resolution during the Council Meeting this evening
but the recipients had to leave due to the lateness of the hour. The resolution was tabled
upon motion duly presented and seconded and unanimously approved [8-0] by the Council
Members present [Councilor Aquino being absent from the Council Chamber when the
vote was recorded].
Doc. 138/11: Tabled
XIII. COMMITTEE REPORTS:
Doc. 39/10: Charter Review FY 2010 – Counc. Bernal – Public Hearing Ordered
Upon being recognized by Council President Moran, Councilor Bernal presented
the report of the Ordinance Committee regarding the mattes subject to the item presented.
Councilor Bernal informed the Council Members that there were several items addressed
by the Charter Review and that a public hearing would be necessary to address each of
the recommended items subject to the review. Council Bernal discussed five
items/measures in particular which could benefit from immediate action and suggested
282
that the remaining items could be scheduled and presented as they are drafted. The items
for immediate consideration concerned the following: (1) providing language to the City
Charter that would provide for “gender neutral” references throughout the City Charter,
(2) providing for publication of all items subject to public hearing and approval of
Council on the City Website in addition to existing publication requirements of the City
Charter. (3) Amending City Charter sec. 3.5(d) to include referring matters pertaining to
“housing and land use” to the Housing Subcommittee of the City Council, (4) Amending
sec. 3.6 of the City Charter to assure consistency with its provisions regarding the
appointment of the Board of Assessors with City Ordinance provision recently approved
by the City Council address the Council Members particularly cited in sections 3.6(a)
and 3.6(d). Councilor Bernal suggested that additional remaining items concerning
amendments to the City Charter be addressed individually at a later time but be included
in the overall public hearing motion as presented. Councilor Bernal further suggested
that the public hearing could be scheduled for Wednesday, June 22, 2011. The motion
was seconded by Councilor Maldonado.
A discussion ensured between Council Vice President Silva and Councilor Bernal
concerning the possible establishment of a Charter Commission and other City Charter
provisions.
Upon no further inquiry, comment or discussion by the Council Members present,
Council President Moran called the motion presented to the attention of the Council
Members present for their consideration. The Council Members present voted
unanimously [7-0] to order a public hearing on all matters recommended or to be
283
recommended by the Charter Review Committee [Councilor Almonte and Councilor
Twomey being absent from the Council Chamber when the vote was recorded].
Doc. 31/11: Parking – 9B Sumner Avenue – Ord. Cmt. & Public Hearing Ordered
the report of the Ordinance Committee recommending a public hearing be ordered on the
item presented. The report was presented in the form of a motion to order a public
hearing which was seconded by Councilor Aquino and unanimously approved [7-0] by
the Council Members present [Councilor Almonte and Councilor Twomey being absent
from the Council Chamber when the vote was recorded].
Doc. 31/11 – Public Hearing Ordered
59/11 Zoning Change – Fulton Street – Map 88, Lot 97-1 & 97-2 – Ord. Cmt. &
Doc. 82/11: Handicapped Parking – 34 Exchange Street – Ord. Cmt. - Public
Hearing Ordered
284
Doc. 83/11: Verizon, New England – request permission to place underground
electric conduits on Canal St. – Ord. Cmt - Public Hearing Ordered
Doc. 103/11: Home Rule Petition : Establishing the maximum age for school
attendance in the City of Lawrence – Ord. Cmt. - Public Hearing Ordered
285
Doc. 110/11: Illegal Dumping – Home Rule Petition based on Worcester’s Plan –
Ord. Cmt. - Public Hearing Ordered
XIV. WITHDRAWALS: none
XV. TABLED MATTERS:
22/10 New Automated Trash Collection and Allied Waste Services contract update – to
287/10 Merrimack Paper Mill-Chief of Staff Leonard Degnan to provide status on this
323/10 City Election’s Equipment, Staffing and Processes – overview and report
351/10 Police – update
XVI. NEW BUSINESS:
286
117/11 Operation Club Watch – an effort to curb and reduce crime and violence at club
establishments – Counc. Almonte – Ref. Ord. Cmt.
118/11 Public Sidewalks Repair – (Parkside Apartment West) – Anthony R. DiFruscia &
Council Vice Pres. Silva – Ref. Ord. Cmt.
119/11 Parking – Brunswick House – review/add resident’s parking space only on
Jackson Street (between Essex and Methuen Streets and Methuen Street (between
Appleton and Jackson Streets) – Council Vice Pres. Silva – Ref. Ord. Cmt.
121/11 Transient Vendor License – Angel M. Bisono – 315 High Street, Lawrence, MA
– Ref. Ord. Cmt.
122/11 Bread and Roses – request permission to use the Campagnone Common Park for
annual festival on September 5, 2011 from 11:00 a.m. to 7:00 p.m. –
Linda Siegenthler – Ref. Ord. Cmt.
124/11 Technical Sports Associations Lawrence – request permission to use the
Campagnone Common on July 31, 2011 starting at 10:00 a.m. for annual twelfth
walkathon – Nelson Silvestre, President – Ref. Ord. Cmt.
125/11 Transient Vendor License – Antonio Parra – 89 Saratoga Street, Lawrence, MA
– Ref. Ord. Cmt.
126/11 Transient Vendor License – Angel Almonte – 490 Hampshire Street,
Lawrence, MA – Ref. Ord. Cmt.
127/11 Lawrence/Methuen Community Coalition – National Night Out on Monday,
August 1, 2011 and on Tuesday, August 2, 2011 – Harold Magoon, Director –
Ref. Ord.Cmt.
128/11 Stop Sign – foot to Reservoir Street near May Street – to replace existing “Yield”
signage – Counc. Twomey – Ref. Ord. Cmt.
129/11 Loading Zone – 46-50 Essex Street – Council Vice Pres. Silva – Ref. Ord. Cmt.
130/11 Old Gold Dealer License – Francisco Marcelino – 36 Jackson Street,
Lawrence, MA – Ref. Ord. Cmt.
131/11 The 1912 Monument Committee – request permission to allow the installation of
a permanent monument to commemorate the Centennial of the Lawrence 1912
Textile Strike – to be placed in the North Lawrence Common near Appleton
Street – Jonas A. Stundza – Ref. Ord. Cmt.
132/11 Transient Vendor License – Ricardo Sequinot – 53 Steven Street, Lawrence, MA
– Ref. Ord. Cmt.
134/11 La Senda Antigua – request permission to use the Campagnone Common on July
30th, 2011 from 3:00 p.m to 8:00 p.m. for religious preaching – Elizabeth Rosario
– Ref. Ord. Cmt.
135/11 Handicapped Parking – 207 West Street – Jose D. Colon – Ref. Ord. Cmt.
136/11 Transient Vendor License – Fernando Santiago – 5 Camden Street, Methuen, MA
– Ref. Ord. Cmt.
137/11 Transient Vendor License – Antonio Javier – 154 Margin Street, Lawrence, MA
- Ref. Ord. Cmt.
287
XVII. ADJOURNMENT:
Upon Motion of Councilor Rivera duly seconded by Councilor Aquino, the
ADJOURNED
(12:42 a.m.)
Attest:
William J. Maloney
City Clerk
288
DATE: Monday, June 13, 2011
A SPECIAL MEETING of the City Council was held on Monday, June 13,
2011 at 6: 49 p.m. in the City Council Chamber with all Members present except
Councilor Twomey, Councilor Rivera, and Councilor Bernal.
Approximately Four [4] persons were present.
I. ACCEPTANCE OF MINUTES: - None
II._PUBLIC PARTICIPATION: - None
VI. COMMITTEE REPORTS: - None
VII. WITHDRAWALS: - None
IX. TABLED MATTERS:
Doc. 63/11: Redistricting/Reprecinting Plan – Public Hearing held –
District and Precinct locations Approved/public hearing continued – Vote of 6-7-11
Affirmed and Redistricting and Reprecincting Approved
Council President Moran introduced the item and informed the Council Members
about the requirements for approval of the Redistricting and Reprecincting Plan. Council
President Moran provided a brief history of the prior proceedings and then reopened the
public hearing on the item continued from June 7, 2011.
289
[Monday, June 13, 2011]
At the request of Council President Moran, the City Clerk read the form the
motion should be presented in order to affirm the vote of approval by the City Council
Members as recorded on June 7, 2011 concerning the Redistricting and Reprecincting of
the City of Lawrence, Massachusetts to be submitted to the Legislature of the
Commonwealth of Massachusetts for further consideration of approval. The City Clerk
called to the attention of the Council Members the Reprecincting and Redistricting Map
of the City of Lawrence, the text of the Wards and Precincts for the City of Lawrence,
and the “Block Listing” of population for each block in the City of Lawrence before them
for their consideration.
Upon being recognized, Councilor Almonte presented a motion to affirm the prior
vote of the Lawrence City Council concerning this matter as recorded on 6-7-11 and to
further approve and certify the 2011 Re-Precincting Plan for the City of Lawrence, MA ,
including the map representing the proposed districts and precincts, the legal description,
and block listings provided to the Council Members by Attorney William McDermott.
The motion was seconded by Councilor Aquino and unanimously approved [6-0] by the
Doc. 63/11 – Vote of 6-7-11 Affirmed and Reprecincting/Redistricting Approved
22/10 New Automated Trash Collection and Allied Waste Services contract update –
290
XI. ADJOURNMENT:
Upon Motion of Councilor Aquino duly seconded by Councilor Almonte, the
ADJOURNED
(6:50 p.m.)
Attest:
William J. Maloney
City Clerk
291
DATE: Monday, June 20, 2011
A SPECIAL MEETING of the City Council was held on Monday, June 20,
2011 at 6: 09 p.m. in the City Council Chamber with all Members present except Council
Vice President Silva, Councilor Aquino, Councilor Almonte, and Councilor Laplante.
No [0] persons were present.
Doc. 115/11: FY 2012 Budget – Public Hearing to be Ordered Budget & Finance Cmt.
At the invitation of Council President Moran, Councilor Rivera presented the report
of the Budget and Finance Committee regarding the recommendation to order a public
hearing on the FY 2012 Budget. The report was presented in the form of a motion to
order a public hearing on the item which was seconded by Councilor Maldonado and
Council President Moran informed the Council Members that the public hearing will
be scheduled for a Special Meeting of the Lawrence City Council to take place on
292
Wednesday, June 29, 2011 at 7:00 p.m.
IX. TABLED MATTERS:
22/10
New Automated Trash Collection and Allied Waste
Services contract update – to be discussed – Counc. Rivera
287/10
Merrimack Paper Mill-Chief of Staff Leonard Degnan to
provide status on this property and update on back taxes
323/10
City Election’s Equipment, Staffing and Processes –
overview and report
351/10
Police – update
355/10
Lawrence Street – Closing between Haverhill and Lebanon
Streets at the time of dismissal of the Oliver School and
School of Exceptional Studies in the former Lawrence High
School building on Haverhill St.–(School days between
2:30 p.m. and 3:00 p.m.) – Counc. Bernal
34/11
Transient Vendor License – Orlando Lopez – 103 Bellevue
Street
120/11
Resolution – Glass-Steagall – Counc. Almonte
138/11 Resolution – Hands United of Lawrence – Counc. Moran
XI. ADJOURNMENT:
Upon Motion of Councilor Maldonado duly seconded by Councilor Bernal, the
ADJOURNED
(6:11 p.m.)
Attest:
William J. Maloney
City Clerk
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A SPECIAL MEETING of the City Council was held on Tuesday, June 21,
2011 at 7: 18 p.m. in the City Council Chamber with all Members present except Council
Vice President Silva and Councilor Almonte.
Approximately forty-five [45] persons were present.
Upon being recognized, the City Clerk informed the Council Members that the
City Council Minutes of June 7, 2011 and June 13, 2011 were not provided to the
Council Members until 3:00 p.m. today which would not be sufficient time to review for
approval. The City Clerk requested the consideration of approval of these minutes be
held for the next occasion the City Council may meet. Upon the motion of Councilor
Twomey, as seconded by Councilor Rivera, the Council Members voted unanimously
[7-0] to “table” the City Council Minutes of June 7, 2011 and June 13, 2011.
Jean Roy, 165 Gilbert Street, Lawrence, MA spoke in support of allowing seniors
to volunteer their services to the City of Lawrence and requested the City Council
institute a policy which would make work available. He suggested that if implemented,
294
this policy would save money for the City and bring experience to any endeavor that
could not be found in other employees.
Lindy Galland, 196 West Street, Lawrence, MA spoke in support of a proposal
that would allow seniors to volunteer their services to the City. She stated that she
believed the Eagle Tribune reports exposing former GLCAC, Director Philip Laverriere
were of great benefit to the City. She also spoke in support of the work done by the
students of the Youth Build Lawrence program.
Dick Russell, 34 Cross Street, Lawrence, MA stated that the work done by the
Public Works Department on Cross Street was long needed and well done. He stated he
recently heard gun shots in his neighborhood and something should be done to require the
Lawrence Police to investigate. He commented about the cost of City Overseer Robert
Nunes stipend and travel allowance for work on City financial matters – suggesting that
the money being spent may be excessive.
April Lyskowski, Director for the Youth Build Lawrence Program, 178 Ferry
Street, Lawrence, MA stated that she supports the home rule petition being presented for
consideration by the City Council that will extend the High School drop-out age to 18
years of age [Doc. 103/11]. She also informed the Council Members about he positive
attributes of the Youth Build Lawrence Program and thank the Council Members for their
recognition and continued support.
Laetin Martinez, 231 Water Street, Lawrence, MA spoke in support of Youth
Build Lawrence Program. She also urged the Council Members to approve the home rule
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petition to extend the age for required school attendance in Lawrence presented in Doc.
103/11.
Yamira Cartegena, 355 Haverhill St., Lawrence, MA spoke in support of the
Youth Build Lawrence Program and informed the Council Members that she was a
successful graduate of the program.
Upon no further public comment offered by anyone present, Council President
Moran called the Council Session to order and recognized Councilor Rivera who moved
to take document 150/11 out of the order appearing on the agenda. The motion was
present [7-0].
Doc.150/11: Resolution – Youth Build Lawrence 2011 – Council Pres. Moran –
Presented
Relinquishing the Chair to Councilor Laplante [ranking Council Member],
Council President Moran brought the measure to the attention of the Council Members
present and presented the Resolution to recognize the 2011 graduates of Youth Build
Lawrence.
Upon conclusion, Councilor Laplante returned the Chairmanship to Council
President Moran.
Doc.150/11: Presented
Upon being recognized, Councilor Twomey moved to take document 147/11 out
of the order appearing on the agenda. The motion was seconded by Councilor Rivera and
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Doc.147/11: Resolution – To honor and acknowledge various Lawrence High
School Graduates for their accomplishments – Councilor Laplante
Members present and called upon Councilor Laplante to present the Resolution.
Councilor Laplante introduced and acknowledged the accomplishments and
achievements of each of the Resolution recipient. The Resolutions were read and
distributed to each recipient by Councilor Laplante and Acting Lawrence School
Superintendent Mary Lou Bergeron.
Upon being recognized, Councilor Rivera moved to take document 138/11 off the
table and out of the order appearing on the agenda. The motion was seconded by
Councilor Aquino and unanimously approved by the Council Members present [7-0].
IV. TABLED MATTERS:
Doc. 138/11: Resolution - Hands United of Lawrence –
Council Pres. Moran - Presented
Members present and presented the Resolution to Hands United of Lawrence.
Upon being recognized, Councilor Rivera presented a motion to take document
88/11 out of the order appearing on the agenda. The motion was seconded by Councilor
Maldonado and unanimously approved by voice vote of the Council Members present
[7-0].
297
Doc. 88/11: Transient Vendor License – Felix Baez – 193 South Broadway
– renewal – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve the petition presented.
The motion was seconded by Councilor Maldonado and unanimously approved by voice
vote of the Council Members present [7-0].
Upon being recognized, Councilor Rivera moved to take document 100/11 out of
the order appearing on the agenda. The motion was seconded by Councilor and
unanimously approved by voice vote of the Council Members present [7-0].
Doc. 100/11: Transient Vendor License – Olga Jimenez – 43 Texas Avenue
– Ord. Cmt. - Approved
The motion was seconded by Councilor Maldonado and unanimously approved
by voice vote of the Council Members present [7-0].
Aquino and unanimously approved by voice vote of the Council Members present [7-0].
Doc.121/11: Transient Vendor License – Angel M. Bisono – 315 High Street
– Ord. Cmt. – Approved
298
The motion was seconded by Councilor Maldonado and unanimously approved by voice
Doc.122/11: Bread and Roses Festival – request to use Campagnone Common on
September 5th, 2011 from 11:00 a.m. to 7:00 p.m. – Ord. Cmt. - Approved
The motion was seconded by Councilor and unanimously approved by voice vote of the
Doc.124/11: Technical Sports Associations Lawrence – request to use the
Campagnone Common for a walk-a-thon on July 31st, 2011 – event begins at
10:00 a.m. – Ord. Cmt. – Approved
The motion was seconded by Councilor and unanimously approved by voice vote of the
299
Upon being recognized, Councilor Maldonado presented a motion to take
document 125/11 out of the order appearing on the agenda. The motion was seconded by
Councilor Twomey and unanimously approved by the Council Members present [7-0].
Doc.125/11: Transient Vendor License – Antonio Parra – 89 Saratoga Street – Ord.
Cmt. – Approved
The motion was seconded by Councilor Rivera and unanimously approved by voice vote
of the Council Members present [7-0].
[7-0].
Doc.126/11: Transient Vendor License – Angel Almonte – 490 Hampshire Street –
The motion was seconded by Councilor Aquino and unanimously approved by voice vote
300
Councilor Aquino and unanimously approved by voice vote of the Council Members
present [7-0].
Doc. 130/11: Old Gold Dealer License – Francisco Marcelino –
36 Jackson Street – Ord. Cmt. – Approved
present [7-0].
Doc.132/11: Transient Vendor License – Ricardo Squinot – renewal – 53 Steven
Avenue – Ord. Cmt. – Approved
The motion was seconded by Councilor Acquino and unanimously approved by voice
301
present [7-0].
Doc.134/11: La Senda Antigua – request to use the Campagnone Common on July
30th, 2011 for religious preaching from 3:00 p.m. to 8:00 p.m. – Ord. Cmt. –
Approved
[7-0].
Doc.136/11: Transient Vendor License – Fernando Santiago – renewal – 5 Camden
Street - Ord. Cmt. – Approved
302
present [7-0].
Doc. 137/11: Transient Vendor License – Antonio Javier – 154 Margin Street –
of the Ordinance Committee in the form of a motion to approve the petition presented.
Doc.31/11: Parking – 9B Sumner Avenue – Hamilton Street – west side from a point
one hundred sixty two (162) feet northerly of the intersection of East Haverhill
Street to a point one hundred and eighty two (182) feet northerly of the intersection
of East Haverhill Street – Public Hearing held - Approved
Council Members.
303
measure presented by Councilor Rivera, as seconded by Councilor Aquino, the Council
Members unanimously approved the measure by voice vote recorded [7-0].
Doc. 59/11: Zoning Change – Fulton Street (Map 88, Lots 97-1 and 97-2 from R-2 to
B-2 – Public Hearing held - Approved
Council Members.
James Curran petitioner for the Greater Lawrence Family Health Center,
addressed the Council Members regarding the petition presented and explained the
reasons for requesting the amendment to the zoning ordinance concerning the location
subject to the petition. Mr. Curran requested the Council approve the petition as
presented.
approve the measure which was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Laplante inquired whether the area
subject to the petition was located in “District A” and, if so, asked if Councilor Almonte
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of “District A” supported the petition. Mr. Curran stated that he was not sure if
Councilor Almonte supported the petition but pointed out that the proposed amendment
was consistent with the past and current use of the property by the Health Center.
Upon being granted the floor, Councilor Twomey posed questions to Mr. Curran
about the proposed parking and its continued use by the Family Health Center.
Upon being granted the floor, Councilor Maldonado inquired about other lots
purchased by the Family Health Center in the same area.
Upon being granted the floor, Councilor Bernal informed the Council Members
that Councilor Almonte provided her approval of the measure before the Ordinance
Committee and that she had voted favorably for its approval in that session. Councilor
Bernal added that she also supports the measure.
seconded by Councilor Bernal, the Council Members unanimously approved the measure
by voice vote recorded [7-0].
Doc. 83/11: Verizon, New England, Inc.-request permission to place underground
electric conduits of Canal St.-Public Hearing held – Approved
305
Council Members.
Joseph Gleason, appearing on behalf of Verizon New England, Inc. provided
information to the Council Members concerning the petition presented.
measure presented by Councilor Maldonado, as seconded by Councilor Bernal, the
Council Members unanimously approved the measure by voice vote recorded [7-0].
Doc. 82/11: Handicapped Parking – Exchange Street – west side from a point one
hundred sixty five (165) feet northerly of the intersection of Myrtle Street to a point
one hundred eighty five (185) feet northerly of the intersection of Myrtle St.- Public
Council Members.
306
Upon a motion to approve the measure presented by Councilor Aquino, as
seconded by Councilor Rivera, the Council Members unanimously approved the measure
Doc.103/11: Home Rule Petition–Establishing the Maximum Age for School
Attendance in the City of Lawrence–Public Hearing held - Approved
Council Members.
Patrick Blanchette, Chief Economic Development Director, 215 Ferry Street,
Lawrence, MA spoke in support of the measure as presented on behalf of the
Administration.
307
measure which was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Maldonado discussed the measure and
emphasized its importance urging the Council Members vote to approve the petition.
Upon being granted the floor, Councilor Laplante moved to amend the language
of the petition and stated that there may be students under the age of 18 years who may
be pursuing a G.E.D. [Graduate Equivalency Diploma] or may have attained a High
School Diploma early. He suggested the measure reflect these situations and state an
exemption for these reasons in the legislation.
Upon being granted the floor, Councilor Rivera stated that the measure is not
intended to target students who are otherwise pursuing completion of their high school
education but those who have not completed secondary educational requirements.
Councilor Laplante suggested that appropriate language be inserted to the body of
the legislation that would provide a condition that the measure would not apply to those
who are actively engaged in pursuit of their high school diploma. Councilor Rivera
accepted the proposed amendment to his motion to approve the measure.
Upon being granted the floor, Councilor Maldonado informed the Council
Members that successful G.E.D. candidates are required to wait for their graduating class
to receive their diploma and do not receive an early diploma.
308
that she obtained comments from teachers and a school nurse who were not in favor or
raising the “drop out” age of student. She further informed the Council Member that
even if the State Legislature approved the measure as a Home Rule Petition, the measure
is not “mandatory” and the Lawrence School Department may not implement its
provisions. She stated that the measure provides the Lawrence School Committee with an
additional tool it may decide to use in its discretion.
Upon being granted the floor, Councilor Twomey stated that he believes the
measure is very important and should be approved. He stated that he also hopes that the
Lawrence School Committee would implement it if approved by the State Legislature.
Upon being granted the floor, Councilor Aquino stated she supports the measure
as a means to help parents educate their children.
Upon a motion to approve the measure presented by Councilor Rivera, as
seconded by Councilor Maldonado the Council Members unanimously approved the
measure by voice vote recorded [7-0].
Doc.110/11: Illegal Dumping – to provide for a program of enforcement against
illegal dumping within the city limits and to establish fines and other penalties and a
method of collecting said fines and penalties – Public Hearing held – Approved
309
Council Members.
Upon a motion to approve the measure presented by Councilor Laplante, as
seconded by Councilor Rivera, the Council Members unanimously approved the measure
VII. APPROPRIATIONS-ORDERS-RESOLUTION:
Upon being recognized, Councilor Aquino presented a motion to take document
Rivera and unanimously approved by voice vote of the Council Members present [7-0].
Doc.115/11: Budget 2012 – Budget and Finance Committee Reports – Tabled
that the Budget and Finance Committee conducted meetings with each of the City
310
Department Heads and conducted sessions to obtain public input and information. He
stated that the departmental meetings and public sessions were very helpful to obtain the
results presented by the Budget and Finance Committee for consideration by the City
Council Members prior to an during the upcoming public hearing on the FY 2012 Budget
presented by the Administration for approval by the City Council. Upon conclusion,
Councilor Rivera moved that the Council Members accept the Committee Reports
presented. The motion was seconded by Councilor Aquino and unanimously accepted by
the Council Members present by voice vote recorded [7-0].
Upon being granted the floor, Councilor Rivera moved to table Doc. 115/11 until
the public hearing is held. The motion was seconded by Councilor Maldonado and
Upon being recognized, a woman presented herself [no name provided] stating
that she resides at 91 Saratoga Street in Lawrence and stated that she was informed that
there would be a “cut’ to the Lawrence School Department FY 2012 Budget that would
reduce the availability of English classes through the Adult Education Program. She
informed the Council Members that these classes are necessary and that she has used
these classes to help improve her situation. She stated that cutting classes that help those
most in need will seriously impact other who seek to improve themselves. She urged the
City Council Members not to reduce any Adult Education programs that will benefit
those who need them.
Doc.115/11: Tabled
311
present [7-0].
Doc.123/11: Water Department Retained Earnings Expenditures – Budget and
Finance Cmt. – Approved
of the Budget and Finance Committee. The report was presented in the form of a motion
to approve the item presented which was seconded by Councilor Aquino.
Upon being granted the floor, Councilor Rivera indicated that the Budget and
Finance Committee received information that the Water Department equipment was
inadequate and insufficient to conduct necessary repairs throughout the City. He stated
that the item presented is intended to address these specific matters.
Upon invitation Robert Fazio, Water Department Director, provided the Council
Members with a report of the status and condition of Water Department equipment.
Upon being granted the floor, Councilor Twomey posed questions to Director
Fazio regarding the item presented.
Fazio concerning a reported Water Fund Surplus of approximately $4.5 million and
purchases anticipated for FY 2012.
Director Fazio discussed and explained that an upgrade to the water delivery
system is necessary in Back Bay area of Lawrence which is estimated to cost
approximately $1.2 million dollars. Director Fazio provided the Council Members with
312
information about other work that is necessary and past due pending an particularly cited
the replacement of about 250 valves throughout the City which would cost approximately
$1 million dollars.
Councilor Laplante posed questions about the required repairs subject to the
“consent decree” and order – Director Fazio stated that the items of concern are not
subject to the consent decree order but necessary to assure the water delivery and sewer
systems continue to operate properly. Director Fazio also discussed EPA requirements
that may be imposed upon the City of Lawrence in the near future at considerable cost
and expense.
Councilor Laplante posed further and additional questions of Director Fazio about
the use of funds toward installation of new meters that was expected to take place and the
future necessity of reading existing water meters.
Upon being granted the floor, Councilor Rivera provided up dated information to
the Council Members about the new water meter installation.
Council President Moran called upon the Members present to consider the matter
seconded by Councilor Aquino, the Council Members unanimously approved the
measure by voice vote recorded [7-0].
313
Upon being recognized, Councilor Twomey moved to take document 133/11 out
of the order appearing on the agenda. The motion was seconded by Councilor Aquino
and unanimously approved by voice vote of the Council Members present [7-0].
Doc.133/11: DPW – FY 2011 Appropriation Transfers –
Budget and Finance Cmt. – Approved
of the Budget and Finance Committee and moved the Council Members to accept the
report without a recommendation. The motion was seconded by Councilor Twomey and
item presented. The motion was seconded by Councilor Twomey.
Upon being granted the floor, Councilor Laplante posed questions to Acting
Public Works Director Isensee who explained and discussed the reasons for the
appropriations submitted for consideration of approval. Councilor Laplante stated that it
is his belief that the proposed transfer, if approved, would be applied to reduce the cost of
trash removal and disposal.
Upon being granted the floor, Councilor Rivera discussed and referenced certain
fixed costs that will continue to remain unchanged.
314
seconded by Councilor Twomey, the Council Members present voted unanimously by
voice vote to approve the item presented [7-0].
Council President Moran called the following items to the attention of the Council
Members as appearing on the Agenda which were referred as indicated:
Doc.145/11:
- From Free
Appropriation Transfer – Department of Public Works
Cash to Snow and Sanding – Snow Removal Contracts - $300,000.00 –
David A. Camasso, Comptroller – Ref. to Budget & Finance
Doc.146/11: Appropriation Transfer – From Department of Public Works –
Repairs and Maintenance to Inspectional Services Department –
Office Supplies - $2,000.00 – John R. Isensee, Acting Department of
Public Works Director – Ref. to Budget & Finance
**********************************
At 9:23 p.m. Councilor Maldonado presented a motion to recess the Council
Meeting and to resume in Executive Session in order to conduct further proceedings
regarding the following:
Doc. 139/11
Misuse of funds – legal options – Comptroller David Camasso & City
Attorney Charles Boddy– presence requested
As grounds for presenting the motion, Councilor Maldonado stated and informed
the Council Members that the Executive Session proceedings if the City Council
concerning this matter is necessary because it is likely that information and discussion
will result in the presentment and discussion of matters that directly pertain to legal
strategy taken and/or available to the City Council on matters subject to the item
presented. He stated further that if public session were continued, the Council
proceedings concerning this matter may result in the disclosure of matters pertaining to
pending or future litigation on behalf of the City of Lawrence which may unfavorably
315
impact the position of the City of Lawrence, MA concerning such litigation. He stated
for these reasons, he presents a motion to convene into Executive Session. The motion
was seconded by Councilor Aquino and unanimously approved by voice vote of the
Whereupon, Council President Moran ordered the City Council Chambers cleared
of all members of the public and others not having a direct and invited interest in the item
subject to these proceedings of the City Council. Council President Moran further
ordered that all television and recording of proceedings be terminated during the conduct
of Executive Session proceedings of the City Council regarding this matter.
EXECUTIVE SESSION OF THE LAWRENCE CITY COUNCIL
139/11 Misuse of funds – legal options – Comptroller David Camasso & City
Attorney Charles Boddy– presence requestedALL REQUESTS TO OBTAIN A COPY OF ALL EXECUTIVE SESSION
MINUTES MUST BE PRESENTED IN WRITING AND SIGNED BY THE
PERSON REQUESTING THE DOCUMENT.
PLEASE FORWARD ANY REQUEST TO THE OFFICE OF THE CITY CLERK,
ATTN: CITY CLERK, 200 COMMON STREET, LAWRENCE, MA 01840]
At 10:40 p.m. Councilor Maldonado presented a motion to terminate the Executive
Session of Council and to resume proceedings of the Lawrence City Council in
public session. The motion was seconded by Councilor Aquino and unanimously
approved by the Council Members present by roll call vote recorded [7-0].
VIII: Communication from Mayor, City Officials & City Attorney:
Doc.139/11: Misuse of Funds – legal options – Comptroller David Camasso & City
Attorney Charles Boddy– presence Requested - Counc. Maldonado – Letter/Tabled
316
Upon resumption of the public session of the meeting of the Lawrence City
Council, Councilor Maldonado presented a motion to resume the public session of the
meeting. The motion was seconded by Councilor Aquino and approved [7-0] by roll call
vote of the Lawrence City Council as follows: Yes-7; No-0; Absent-2:
Councilor Twomey -Yes
Council Vice President Silva – Absent
Upon being recognized, Councilor Maldonado renewed his motion to present a
written request for information from the City Attorney, Comptroller, and City Clerk to
directing each department to search for any information concerning the payment of
$75,000.00 as a purported settlement or other expense paid to the “Waive Guide
Company”, a $50,000.00 transfer of funds from the City Attorney operating budget, and
the amount of $150,000.00 transferred from the Water Department to the Budget and
Finance Department. Each department is also to provide a written response to the request
presented. The motion was seconded by Councilor Rivera and unanimously approved
[7-0] by voice vote of the Council Members present.
Councilor Maldonado then moved to “table” the item which was seconded by
Councilor Rivera and unanimously approved [7-0] by voice vote of the Council Members
present.
Doc. 139/11: Letter/Tabled
317
Doc. 58/11: Zoning Change – Jacques Pond from OSR to Conservation – Ord. Cmt.
- Public Hearing Ordered
report was presented in the form of a motion, seconded by Councilor Maldonado and
Doc.109/11: Parking – Elvis Variety Store – 9 Newton Street – Ord. Cmt. - Public
Hearing Ordered
report was presented in the form of a motion, seconded by Councilor Aquino and
Doc.118/11: Parkside Apartments West – sidewalks repairs and maintenance &
review liability – Ord. Cmt. - Public Hearing Ordered
report was presented in the form of a motion, seconded by Councilor Aquino and
Doc.131/11: 1912 Monument Committee – requests permission to install permanent
monument to commemorate Centennial of Lawrence 1912 Textile Strike on North
Common near Appleton Street – Ord. Cmt. - Public Hearing Ordered
318
report was presented in the form of a motion, seconded by Councilor Rivera and
X. WITHDRAWALS:
Committee. The motion was seconded by Councilor Aquino and unanimously approved
by voice vote of the Council Members present to withdraw the following matter from the
City Council Agenda [7-0]:
Doc. 79/11: Parking – 1 hr. parking instead of 30 min. from the front door of City
Hall west to the entrance of the parking lot – 1 hr. parking instead of 30 min. from
the front door east to the Courthouse entrance (along the Common) and (3)
handicapped Parking spaces in front of the City Hall – ordinance to be amended –
XI. OLD BUSINESS: - None
22/10 New Automated Trash Collection and Allied Waste Services contract update – to
355/10 Lawrence Street – closing between Haverhill and Lebanon Streets at the time of
Lawrence High School building on Haverhill Street –(School days From 2:30
p.m. to 3:00 p.m.)
319
120/11 Resolution – Glass-Steagall – Counc. Almonte
115/11 Budget 2012 – Budget and Finance Committee Report – Tabled/Public
Hearing Pending
XIII. NEW BUSINESS:
Doc. 353/10: Parking Fine Increases – Ordinance to be amended – Mayor Lantigua
– Public Hearing Ordered
Rules of the City Council and declare the measure presented an emergency in order to
allow the City Council Members to address the matter presented. The motion was
seconded by Councilor Rivera and unanimously [7-0] approved by voice vote of the
Councilor Bernal moved to order a Public Hearing on the item which was
seconded by Councilor Aquino and unanimously entered by unanimous voice vote of the
XIV. NEW BUSINESS:
140/11 Woodard & Curran, Inc.– 5 year Water Treatment Plant Contract –
Operator for the City of Lawrence – John R. Isensee, Acting DPW
Director – Ref. to Ord. and Budget & Finance Cmt.
141/11 Home Rule Petition - Charter Commission – Council Vice Pres. Silva
Ref. to Ord. Cmt.
142/11 The Saint Alfio Society – requests permission to conduct its 88th Annual
Feast of the Three Saints on Labor Day Weekend, September 2nd, 3rd and
4th, 2011 – Jack A. Roy, Treasurer – Ref. to Ord. Cmt.
143/11 Ministerio Cristo para los Necesitados – requests permission to use the
Campagnone Common Park on August 20, 2011 and on September 10,
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2011 (Rain date: September 17, 2011) for religious preaching - Jose
Salinas – Ref. to Ord. Cmt.
144/11 Transient Vendor License – Erika Ruiz – 505 Hampshire Street,
Lawrence, MA – Ref. to Ord. Cmt.
148/11 Parking- Merrimack Street – alternate side parking – Counc. Laplante –
Ref. to Ord. Cmt.
149/11 Fire Chief Position–Revision of Ordinance sec. 2.36.010-Mayor Lantigua
- Ref. to Ord. Cmt.
XV. ADJOURNMENT:
Upon Motion of Councilor Bernal duly seconded by Councilor Maldonado, the
ADJOURNED
(10:56p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Wednesday, June 29, 2011
A SPECIAL MEETING of the City Council was held on Wednesday, June 29,
Councilor Almonte, Council Vice President Silva and Councilor Laplante. Council Vice
President Silva arrived at 7:12 p.m. Councilor Laplante arrived at 7:16 p.m.
Approximately Eighteen [18] persons were present.
of City Council Meetings conducted June 7, 2011, June 13, 2011and the Executive
Session only for June 21, 2011 were submitted by the City Clerk for consideration and
acceptance of the City Council Members.
Councilor Rivera moved to accept the minutes of June 7, 2011 and June 13, 2011
as presented and moved to “table” the minutes for the Executive Session held on June 21,
2011 presented for approval since these minutes were not received until approximately
3:30 that afternoon and which did not permit sufficient time to review the minutes prior
to the meeting. The motion to approve the minutes of June 7, 2011 and June 13, 2011
and to “table” the minutes recording the Executive Session of June 21, 2011 was
seconded by Councilor Rivera and unanimously approved by voice vote of the Council
Members present [6-0][Council Vice President Silva, Councilor Laplante, and Councilor
Almonte recorded as absent at the time the vote was recorded].
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[Thursday, June 29, 2011]
Doc.115/11: Budget 2012 – Public Hearing held - Approved
notice regarding the above item as published. Upon the conclusion of the Clerk’s reading
of the public notice, Council President Moran opened the public hearing portion of the
Council Members.
Zulma [last name unknown], 473 Essex Street, Lawrence, MA spoke in support of
maintaining educational programs for those who need English training.
Janet Fisher, on behalf of Adult Learning Center spoke in support of maintaining
funding of Adult Learning and English as a Second Language programs [hereinafter
referenced as E.S.L. programs].
Robert Nunes, Fiscal Overseer for the City of Lawrence, Taunton, MA, spoke in
support of the FY 2012 Budget submitted by the Administration on May 31, 2011
informing the Council Members that the budget presented is balanced and does not
require any reduction in personnel. He expressed concerns about some recommendations
and requests as reported by the City Council Budget and Finance Committee emphasizing
that the payroll staff and Treasure/Collector staff reductions should not be supported as
these offices and personnel are important to financial administration. Mr. Nunes also
stated that the proposed FY 2012 Budget anticipates the approval of the parking fine
increases presently before the Ordinance Committee and for later Council consideration.
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He suggested that this item be considered for approval at the appropriate time as a
measure that is part of the overall revenue composing the FY 2012 Budget
recommendations.
Patrick Blanchette, 215 Ferry Street, Lawrence, MA, Economic Development
Director for the City of Lawrence, urged the Council Members to approve the FY 2012
Budget as submitted on behalf of the Mayor presently before the City Council for
consideration. He expressed concerns of the Administration about the recommendations
of the Budget and Finance Committee that will result in the reduction of personnel and
the Mayor’s staff. He commented that staff reductions are unnecessary and are not
proposed in the FY 2012 Budget submitted by the Administration.
the Council Members present to offer comment or discussion on the matter presented.
Upon being granted the floor, Councilor Rivera presented a motion to remove
Doc. 115/11 from the table. The motion was seconded by Councilor Bernal and
unanimously [8-0] approved by voice vote of the Council Members present.
Upon being granted the floor, Councilor Rivera provided a brief history of the FY
2012 Budget process. Councilor Rivera then presented a motion to approve the FY 2012
Budget. The motion was seconded by Councilor Aquino.
Upon being recognized, Council Vice President Silva informed the Council
Members that many of the matters considered by the Budget and Finance Committee
appear to have been presented based upon a motion of the Subcommittee Chairman
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[Councilor Rivera] as evidenced by the Subcommittee reports filed. She stated that it is
improper parliamentary procedure that the “Chair” of any board is permitted to present a
motion for consideration by the members which he/she is the Chairs. She also informed
the Council Members that the Budget and Finance Committee considered and discussed
specific positions and personnel which is also inappropriate procedure. She stated that
the proper method is to obtain a vote of approval to “cuts” or “reductions” of the total
expenditure presented in the budget by motion presented by a Subcommittee Member
[other than the Chair] as seconded. She stated her objection to any other process
followed by the Budget and Finance Committee presented to the Full City Council
Membership.
Upon being granted the floor, Councilor Twomey commented that it was his
understanding that the intention of budget reductions presented by the Budget and
Finance Committee is intended to allow the resulting funds to be available to supplement
the Police Department staff budget, it is his further understanding that this strategy
depends on an unreliable assumption that the Administration will use the resulting funds
in that manner. He commented that he intends to object to any and all proposed
reduction or “cut” presented throughout the hearing process due to the speculative nature
of the contingency explained.
Upon no further comment or discussion offered by the Council Members present,
Council President Moran called upon Budget and Finance Director Rivera to present the
various reports of the Budget and Finance Committee for consideration by the Council
Members present. Upon being recognized, the following proceedings were recorded
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pertaining to the proceedings before the City Council Members regarding the FY 2012
Budget:
VOTE #1 OF 35:
recommended reduction to The Zoning Board salaries and wages in the amount of
$2,500.00. The motion was seconded by Councilor Aquino and approved by the roll call
vote the City Council as follows:
VOTE #2 OF 35:
recommended reduction to The Lawrence Licensing Board wages and salaries in the
amount of $1,700.00. The motion was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Laplante asked if there was any
assurance that funds resulting from any of the cuts being presented for approval will be
applied to hire police officers.
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Upon being granted the floor, Councilor Rivera stated that best efforts will be
used to implore the Administration to apply the funds that result from the approved
budgetary reductions to hire additional police officers.
In response, Councilor Laplante stated that the manner of using budget savings to
hire or reinstate police is imprecise but must be taken in order to try to restore public
safety and stability.
Upon being granted the floor, Councilor Twomey entered his objection stated
earlier reiterating that the basis for not supporting any of the budget cuts presented is due
to the lack of any guarantee that the monies resulting from approved budget cuts will be
used to hire police.
the following vote of the City Council was recorded:
327
VOTE #3 OF 35:
that most of the reports of the Budget and Finance Subcommittee inaccurately report the
votes of the Subcommittee Members. He stated that all reports of the Budget and
Finance Committee that provide that motions were presented by “Councilor Rivera” and
seconded by “Councilor Maldonado” were inaccurately recorded and that the motions
were actually made by “Councilor Maldonado” and seconded by “Councilor Aquino”.
Councilor Maldonado and Councilor Almonte concurred. Councilor Rivera requested
that the record be corrected in each instance – the City Clerk acknowledged the error and
stated that the corrections requested would be entered on each report of the Budget and
Finance Committee.
Upon continuing, Councilor Rivera presented the report of the Budget and
Finance Committee for the reduction of the Personnel Office Purchase of Services Advertising item in the amount of $3,000.00. Councilor Rivera spoke in favor of the
recommendation presented.
Councilor Twomey affirmed his prior and continuing objection [that the funds
resulting from approved reductions of the FY 2012 Budget are not required to be directed
to supplement hiring police officers].
Upon no further comment or discussion offered by the Council Members present
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VOTE #4 OF 35:
Upon being granted the floor, Councilor Rivera presented the report of the Budget
and Finance Committee recommending the reduction of the Police Department Purchase
of Services budget in the amount of $5,000.00. The motion was seconded by Councilor
Aquino.
Upon a call for discussion, Councilor Bernal commented that a vote to reduce
utility payments may not be a responsible in this instance.
Upon being granted the floor, Councilor Maldonado stated the proposals were
based on FY 2011 budget which were not completely expended.
Upon invitation, Chief Romero stated that there is no balance remaining in this
line item of the FY 2011 budget and the amount projected for FY 2012 is accurate.
Maureen Nimmo, Director of the Lawrence Public Library Director, informed the
Council Members that the funds allocated for FY 2011 were not enough to provide heat
to the South Lawrence Branch Library through the past winter. She stated that additional
329
funds had to be transferred to her department to pay heating costs for the South Lawrence
Branch Library to supplement the energy budget last year. She stated the Library will not
have sufficient funds available to provide heat if the proposed reduction is approved.
Upon being granted the floor, Councilor Rivera commented that money allocated
will be spent unless there is a reasonable energy plan put in place.
Upon being granted the floor, Council Vice President Silva objected to the
recommendation presented due to the inappropriate manner which it is presented in the
Budget and Finance Committee report.
Upon being granted the floor, Councilor Laplante requested clarification of the
proposed recommendation [which was provided through discussion amount the Council
Members].
Upon being recognized, Councilor Rivera presented a motion to reduce the
Purchase of Services budget line item proposed for the Lawrence Police Department in
the amount of $5,000.00. The motion was seconded by Councilor Maldonado.
Council President Moran commented that is not clear that the proposed reduction
will be applied by the Administration to hire or reinstate Police Officers as the Council
appears to intend.
Upon being granted the floor, Councilor Rivera stated that the proposed budget
reductions reflect an effort of the Council Members to address a greater problem.
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Upon being granted the floor, Councilor Laplante discussed whether there was
any way which the monies resulting from the approved budgetary reductions can be
applied as Council intends.
Upon being granted the floor, Council Vice President Silva commented that there
is little confidence of obtaining any assurance that the funds resulting from the approved
reductions to the FY 2012 Budget will be applied toward hiring or reinstating police.
Upon being granted the floor, Councilor Bernal commented that the FY 2012
Budget contains revenue from the proposed parking fine increases which will be subject
to a future petition for approval as being recommended by the Ordinance Committee.
Upon her inquiry, the Council Members discusses the possibility of approving the
budgetary revenues which may or may not be funded by projected revenue funds
obtained.
the following vote of the City Council was recorded as follows:
[BLANK SPACE]
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VOTE #5 OF 35:
Upon being recognized, Councilor Rivera presented a motion to reduce the Public
Works Department Purchase of Services budget item in the amount of $2,500.00. The
Upon no further discussion or comment offered, the Council Members approved
the item by roll call vote recorded as follows:
[BLANK SPACE]
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VOTE #6 OF 35:
Library Department Purchase of Services budget item in the amount of $2,845.00.
Upon no further discussion or comment offered, the Council Members defeated
[BLANK SPACE]
333
VOTE #7 OF 35:
Library Department Energy budget item in the amount of $5,000.00. The motion was
[BLANK SPACE]
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VOTE #8 OF 35:
Cemetery Purchase of Services budget item in the amount of $2,000.00. The motion was
[BLANK SPACE]
335
VOTE #9 OF 35:
Lawrence Police Department Energy budget item in the amount of $4,700.00. The
336
VOTE #10 OF 35:
Upon being granted the floor, Councilor Rivera presented a motion to reduce
Energy Cost Budget of the Public Works Department in the amount of $50,000.00. The
Upon invitation, John Isensee Acting Public Works Department Director urged
the Council not to approve the proposed reduction. He stated that the services and
operations of the DPW will be adversely impacted if the reduction is approved.
Upon being granted the floor, Council Vice President Silva pointed out that the
City of Lawrence continues to pay for the electricity of non-profit agencies for their
buildings. She stated the cost reduction might be better realized if these energy costs
were reduced.
Upon being recognized, Economic Director Patrick Blanchette stated the
Administration is making an effort to provide “cost sharing” with agencies utilizing
publicly funded energy.
337
Upon being granted the floor, Councilor Laplante suggested that the amount may
be more reasonably if the cut were reduced to $25,000.00.
Upon being granted the floor, Councilor Rivera asked Director Isensee about the
cost to the City for payment for street lights that are “off” but charged as being “on”.
Director Isensee informed the Council members that there were a number of street lights
under these circumstances but he did not have an actual or estimated number of lights or
the cost charged. Councilor Rivera stated that this is an area of additional potential cost
and energy savings.
Upon being granted the floor, Councilor Maldonado suggested that additional cost
of energy savings could result if the School Department Custodians turn off school
building lights when not in use. Director Isensee pointed out that the cost savings would
inure to the Lawrence School Department budget and not the City or DPW budget.
Council President Moran posed questions to Chief Romero regarding the
correlation between street lighting and crime. Chief Romero stated that reduced street
lighting is likely to increase crime.
Upon being granted the floor, Councilor Laplante offered to amend the motion to
reduce the budget amount to $25,000.00 as a friendly amendment. Councilor Rivera
accepted the amendment to his motion.
to supplement hiring police officers]. Upon no further discussion or comment offered,
338
the Council Members approved the item by roll call vote recorded as follows:
VOTE #11 OF 35:
Upon being granted the floor, Councilor Rivera presented a motion to reduce
Energy Cost Budget of the Recreation Department listed under Purchase of Services in
the amount of $2,000.00. The motion was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Maldonado provide the Council
Members with the reason for the proposed cut.
reduction to the budget could be diverted if the Little Leagues using the utility were
required to pay for use. She indicated that a policy of charging use fees would have to be
developed and implemented.
339
Upon being granted the floor, Councilor Rivera compared the current proposal in
relation to FY 2011 budget reductions.
Upon being granted the floor, Councilor Bernal stated that the youth leagues
shouldn’t be targeted to absorbed budgetary cost reductions. [A discussion ensued
between Council Vice President Silva, Councilor Bernal and Councilor Maldonado
regarding Recreation Department requirements as provided in the Recreation Department
Budget].
340
VOTE #12 OF 35:
Upon being granted the floor, Councilor Rivera presented the report from the
Budget and Finance Committee in the form of a motion to approve a $2,000.00 reduction
of gasoline as provided in the Supplies budget of the Lawrence Police Department
Budget. The motion was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Laplante posed questions to Police Chief
John Romero who stated that there is already a $20,000.00 cut in the FY 2012 Budget
allocation requested. He stated that he was not sure if the proposed $2,000.00 reduction
would leave enough gasoline to operate the police cruisers.
Upon being granted the floor, Councilor Twomey questioned Police Chief
Romero and confirmed that gasoline is obtained from supplies at the Public Works Yard
on Auburn Street.
Upon being granted the floor, Councilor Rivera stated that the proposed cuts may
result in more responsible use of the supply allocated.
341
VOTE #13 OF 35:
Upon being granted the floor, Councilor Rivera presented the report from the
Budget and Finance Committee in the form of a motion to approve the reduction of
gasoline in the proposed budget of the Public Works Department as presented in the
Supplies allocation in the amount of $10,000.00. The motion was seconded by Councilor
Maldonado.
Upon being recognized, Acting Public Works Director Isensee explained the
adverse impact that would result if each proposed reductions are approved in response to
342
questions posed by Councilor Laplante. Upon further response to Councilor Laplante’s
inquiry, Director Isensee discussed suggested measures of cost saving measures that
DPW employee could use while on the job.
Councilor Laplante offered a friendly amendment to the motion to allow for a
reduction of $5,000.00. Councilor Rivera accepted the proposed amendment.
Upon being granted the floor, Councilor Maldonado discussed possible fuel
savings measures upon use and dispensation regulation associated with various projects
and users.
Upon being recognized, Councilor Twomey affirmed his prior and continuing
objection. Councilor Twomey further stated that each of the City Department Heads are
most knowledgeable about the cost and expense of operating their departments. He
suggested that the Council Members may not be in the best position to make decisions
that affect the management and operations of the City departments.
Upon being granted the floor, Councilor Laplante stated that the effort to
potentially increase the number of police officers available in the City of Lawrence can is
better than not making any effort at all.
343
VOTE #14 OF 35:
and Finance Committee in the form of a motion to approve to proposed reduction of the
Diesel Fuel Budget allocation of the Public Works Department-Supplies in the amount of
$5,000.00.
344
Upon no comment or discussion offered by the Council Members present, the
following vote of the City Council was recorded.
VOTE #15 OF 35:
and Finance Committee in the form of a motion to approve the reduction of funding to
the Lawrence Library budget concerning repairs and maintenance – supplies – in the
amount of $3,000.00 as presented. The motion was seconded by Councilor Laplante.
Upon being granted the floor, Councilor Bernal commented that she believes the
recommended reduction may result in an operational hardship on the Library and urged
the Council not to support the recommended reduction.
345
Maureen Nimmo, Lawrence Library Director, informed the Council Members that
$3,000.00 was recommended for deduction from the repair and maintenance budget of
the Library during the budget review process and restated concern about the prior vote of
Council approving the reduction of funding of the Library energy costs.
Economic Director Patrick Blanchette suggested that the FY 2012 Budget should
be approved as presented and that Council should consider other action to achieve its
intention to obtain additional funding to hire and reinstate Lawrence Police Officers.
Upon being recognized, Councilor Rivera withdrew the motion presented which
was seconded by Councilor Maldonado and unanimously approved by recorded voice
vote of the Council as follows:
VOTE #16 OF 35:
and Finance Committee in the form of a motion to approve the reduction of funding to
346
the Lawrence Airport budget proposed allocation expenditure for overtime salaries in the
amount of $15,369.59 as presented. The motion was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Maldonado explained the reason for the
recommended budget reduction.
Upon being granted the floor, Councilor Laplante posed questions to Airport
Commissioner Michael Miller who informed the Council Members that the proposed
reduction will have a negative impact on the operation and management of the Lawrence
Airport. Commissioner Miller urged the Council Members to deny the proposed
reduction presented.
Upon being granted the floor, Councilor Twomey clarified that the funds resulting
from the proposed reduction will not be transferred to the General Fund.
Members that the individual employed in the position is presently funded by the amount
subject to the motion for reduction.
Upon being granted the floor, Councilor Rivera stated that a vote to reduce the
amount budgeted for this item will cause the personnel matter of concern to be resolved.
Council President Moran asked Commissioner Miller questions about the Airport
employee currently working in the position at the Lawrence Airport [a discussion ensued
between Council President Moran and Director Miller regarding the manner which
Airport staff is recalled to service upon union determination].
Upon being granted the floor, Councilor Maldonado stated the proposed cut
should be approved to resolve the personnel issues that remain outstanding.
347
Upon being granted the floor, Council Vice President Silva commented that the
Administration has been informed that the employee assigned to the position lacks
sufficient Federal Aviation Administration [FAA] qualification for the position and that
the Administration must provide a position the employee is “able” to perform.
Council President Moran inquired further about potential hiring of staff at the
Lawrence Airport.
objection.
the City Council defeated the measure presented by voice vote recorded as follows:
VOTE # 17 OF 35:
and Finance Committee in the form of a motion to approve the reduction of the proposed
budget allocation for Building Maintenance/Custodian in the amount of $39,002.36 [see
348
page 104 of the proposed FY 2012 Budget submitted 5-31-11]. The motion was
Upon being granted the floor, Councilor Maldonado posed questions to Acting
Public Works Director Isensee about funding of the position in prior fiscal years.
Economic Director Patrick Blanchette informed the Council Members that if the
City Council approves the reduction presented the Administration may take measures to
retain the position by reinstating funding. He stated that the Administration is opposed
the recommended reduction.
Councilor Maldonado commented that the motion should probably be withdrawn.
Upon being recognized, Councilor Rivera withdrew his motion for approval. The
motion to withdraw was seconded by Councilor Maldonado.
objection.
349
the City Council voted to withdraw the item presented by unanimous voice vote recorded
as follows:
VOTE # 18 OF 35:
budget allocation for the Lawrence Police Department/Purchase of Services in the
amount of $5,000.00. The motion was seconded by Councilor Aquino.
Upon being recognized, Councilor Laplante posed questions to Lawrence Police
Chief John Romero who informed the Council Members that the item presented concerns
police training which is mandated by the Commonwealth of Massachusetts.
350
Upon being granted the floor, Councilor Aquino posed questions to Police Chief
Romero concerning police training. In response, Police Chief Romero affirmed that all
Police Officers receive training as required.
the Council Members voted to defeat the item presented by voice vote recorded as
follows:
VOTE #19 OF 35:
budget allocation for the Mayor’s Office/Personal Services [see page 4 of the proposed
FY 2012 Budget submitted 5-31-11] in the amount of $36,373.99. The motion was
seconded by Councilor Laplante.
351
Upon being granted the floor, Councilor Maldonado requested the vote be
delayed. Council President Moran stated that there would the vote would be completed
during this meeting session of the City Council.
Upon being recognized, Economic Director Blanchette stated the Mayor’s Office
opposes the recommended reduction as presented and urged the Council Members to
defeat the item.
Upon being granted the floor, Councilor Bernal commented that it is intended that
the source of funding for the position may be determined if the position is removed from
the FY 2012 proposed Budget. Economic Director Patrick Blanchette stated that the
Mayor’s Office opposes the recommended reduction of staff and indicated that the Mayor
intends to reduce the Mayor’s Office Staff to three employees.
352
the Council Members defeated the item by roll call vote recorded as follows:
VOTE #20 OF 35:
budget allocation for the Council Council/Salaries [see page 2 of the proposed FY 2012
Budget submitted 5-31-11] to be reduced by 20% of the proposed budgeted amount.
The motion was seconded by Councilor Bernal.
Upon being granted the floor, Council Vice President Silva commented that if a
20% cut is to be approved then the proposed Health Insurance allocation should be cut
from the proposed budget as well.
353
Councilor Rivera stated that he would accept the suggestion a friendly
amendment to his motion – Council Vice President Silva concurred.
Upon being granted the floor, Councilor Maldonado stated he opposes the
proposed reduction presented.
Upon being granted the floor, Councilor Laplante stated he supports the measure.
He commented that the Mayor should voluntarily reduce his salary based the action of
Council on this item.
Upon being granted the floor, Councilor Twomey discussed similar motion and
approved reduction of 10% approved by vote of the City Council in FY 2011. He stated
he opposed that measure and also opposes the current item presented for consideration.
In conclusion, Councilor Twomey affirmed his prior and continuing objection [that the
funds resulting from approved reductions of the FY 2012 Budget are not required to be
directed to supplement hiring police officers].
Upon being granted the floor, Councilor Rivera pointed out that the proposed
reduction is different. He stated that it is important for the Council Members to take a
“positive stance” on this item in order to provide credibility to the other financial
measures ratified as a result of their action.
Upon being granted the floor, Councilor Bernal stated that last year only the
Council Members voluntarily reduced its pay and no other employee or department did
the same. For this reason she stated that she understands and respects fellow Councilors
who may vote against the item presented.
354
Upon being granted the floor, Councilor Maldonado suggested the item be
amended to reflect a reduction of Council Salary and Wages in the amount of 10% and
that the reduction be on a “voluntary” basis by each of the Council Members.
Upon being recognized, Councilor Rivera accepted only the “reduction amount of
10%” but not to be taken on a “voluntary basis”. Councilor Maldonado inquired
generally if individual members may voluntarily reduce their salary.
In response, Council President Moran suggested that such a decision would be up
to the individual Council Member and that be believes anyone may volunteer not to
accept or receive any amount of salary. He concluded by stating that he opposes the
measure and would vote accordingly.
355
the Council Members defeated the item as amended by roll call vote recorded as follows:
VOTE #21 OF 35:
budget allocation for the Board of Health/Wages and Salaries in the amount of 50% of
the budgeted amount [$1,200.00]. The motion was seconded by Councilor Laplante.
356
Upon being granted the floor, Councilor Bernal commented that a 50% reduction
seems excessive for Board Members who are volunteers. She suggested the percentage
of the reduction should be lowered.
Councilor Maldonado stated that he proposes that the reduction be amended to a
reduction of 10% of the Board of Health Department/Wages and Salaries [$225.00],
Councilor Rivera accepted the proposal as a friendly amendment to his motion to
reflect a proposed reduction of $225.00.
Upon being granted the floor, Councilor Laplante posed questions to Acting
Inspectional Service Department Commissioner Peter Blanchette about the Board of
Health Members. Commissioner Blanchette commented there are presently two Board
Members currently serving and there is one position that remains open.
357
the Council Members voted to approve the item as amended by roll call vote recorded as
follows:
VOTE #22 OF 35
budget allocation for the Lawrence School Department-Adult Learning Center in the
amount of $100,000.00. The motion was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Laplante stated that the proposed
reduction is from a source of funds provided by money provide to the School Department
by the City of Lawrence and does not concern School Department budgetary amount
pursuant to G.L. c. 70. Councilor Rivera concurred.
358
Upon request of Councilor Laplante, Acting Superintendent Mary Lou Bergeron
stated that the City of Lawrence does provide funding for school transportation and Adult
Education through City Budget appropriations [A discussion ensued between Councilor
Laplante and Acting Superintendent Mary Lou Bergeron regarding future funding for
Adult Education].
Council President Moran questioned the form which the recommendation was
presented pointing out that the Budget and Finance Committee reports was forwarded to
the Full Council for consideration “without recommendation”. Upon inquiry, the City
Clerk suggested that proper parliamentary procedure would be to present the report for
consideration of the Council Members with a motion to “accept the report” presented.
Based upon the information provided by the Council President, Councilor Rivera
withdrew the motion to approve the item.
[10:00 p.m. - Councilor Rivera presented a motion to conduct Council business past
10:00 p.m. The motion was seconded by Councilor Laplante and unanimously
approved [8-0] by the Council Members present.]
Councilor Rivera then presented a motion to accept the report from the Budget
and Finance Committee and to approve a reduction of the proposed budget allocation for
the Lawrence School Department-Adult Learning Center in the amount of $100,000.00.
The motion was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Rivera explained that the intention of the
proposed reductions being presented is to have the resulting funds available to reinstate
police officers that may have been laid off and to hire new police officers in order to
address the public safety shortfall.
359
Acting Superintendent Mary Lou Bergeron informed the Council that a reduction
of the Adult Education program will adversely impact other School Department programs
that compliment Adult Education.
The Director of the Adult Learning Center [name undisclosed] commented that if
the item presented is approved there will likely be an increase in crime and other social
problems will certainly result.
Upon being granted the floor, Councilor Rivera commented that the Department
of Corrections would be the more appropriate agency to operation programs similar to
those offered by the School Department to provide probationers and other offenders with
educational improvement. He stated further that the issues surrounding the reason for
presenting reductions for access to funding public safety point to a difficult situation by
its very nature.
Upon being granted the floor, Councilor Bernal suggested a reduction that is less
severe may be more appropriate. Councilor Rivera responded that he is “open” to all
reasonable suggestions. Councilor Bernal then offered to amend the proposed reduction
of the proposed FY 2012 allocation to the Lawrence School Department-Adult Education
amount to $40,000.00. Councilor Rivera accepted the amendment offered by Councilor
Bernal.
Upon being granted the floor, Councilor Twomey posed questions to
Superintendent Mary Lou Bergeron concerning the Adult Education programs involved
with the proposed budget allocation and the impact that the amended reduction as
proposed would have on the ability to operate the programs in place. Councilor Twomey
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concluded by affirming his prior and continuing objection [that the funds resulting from
approved reductions of the FY 2012 Budget are not required to be directed to supplement
hiring police officers].
Upon being granted the floor, Councilor Maldonado stated that the proposed
reduction to this budget item will have greater impact on minorities if approved.
Upon being granted the floor, Council Vice President Silva agreed with Councilor
Maldonado.
Council President Moran commented that the importance of the Adult
Educational Program cannot be overstated. He cited the benefits the programs provide to
help reduce crime, advance citizenship, and other improvements to the Community that
result from their continued availability. [A brief discussion among the Council Members
took place in order to clarify the motion on the table for consideration].
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the Council Members voted to approve the item as amended by roll call vote recorded as
follows:
VOTE 23 OF 35:
Upon being granted the floor, Councilor Rivera presented a motion to accept the
report from the Budget and Finance Committee. The motion was seconded by Councilor
Laplante and unanimously [8-0] approve by voice vote of the Council Members present.
Councilor Rivera presented a motion to reduce amount proposed in the FY 2012
budget allocated for the Lawrence Police Department/Personal Services [part time
confidential secretary of the Lawrence Police Department] in the amount of $26,936.33.
The motion was seconded by Councilor Laplante.
362
Upon being granted the floor, Councilor Twomey suggested that the amount be
amended to reduce the proposed budget allocation to $94,000.00. Councilor River
[author of the motion on the table] stated that he does not accept the amendment. No
further action was presented on the proposed amendment offered by Councilor Twomey.
Upon being granted the floor, Councilor Bernal discussed and explained the
impact the reduction suggested by Council Twomey would have upon the Police
Department operations.
Upon being recognized, Economic Director Patrick Blanchette stated that the
proposed reduction presented will be certain to cause a loss of a position in the Police
Department and is not supported by the Administration.
Upon being granted the floor, Council Vice President Silva explained the effect
an approval of this item will have through all City Personnel if approved.
Councilor Rivera affirmed the motion to reduce the amount proposed in the 2012
Budget allocated for the Lawrence Police Department/Personal Services in the amount of
$26,936.33. The motion was seconded by Councilor Aquino.
Upon invitation to address the Council, Lawrence Chief of Police John Romero
informed the Council Members that if the item is approved as presented it will result in
the removal of a detective from active duty. He stated that the proposed FY 2012
funding supports a full time position with full time duties and responsibilities that are
necessary for police operations and should be funded as proposed.
363
the Council Members voted to defeat the item as amended by roll call vote recorded as
follows:
VOTE #24 OF 35:
Upon being granted the floor, Councilor Rivera presented a motion to withdraw
the report of the Budget and Finance Committee concerning the proposed funding of the
Comptroller’s Office/Salaries and Wages/Payroll Department – for six (6) months in the
amount of $54,767.23 and to have the Administration outsource the function to a private
firm for the remaining six (6) months. The motion to withdraw the report was seconded
364
by Councilor Aquino and unanimously [8-0] approve by voice vote of the Council
Members present as follows:
VOTE # 25 OF 35:
Upon being granted the floor, Councilor Rivera presented a motion to approve a
measure that would provide for funding of the Comptroller’s Office/Salaries and
Wages/Payroll Department – for six (6) months in the amount of $54,767.23 and to have
the Administration outsource the function to a private firm for the remaining six (6)
months and thereafter. The motion was seconded by Councilor Laplante.
[A discussion concerning the item presented ensued between Councilor Bernal,
Councilor Laplante, and Councilor Rivera].
365
Upon being granted the floor, Councilor Bernal suggested that payroll should be
outsourced.
Upon being invited to address the Council Members, Overseer Robert Nunes
informed the Council Members that if the item were approved that it would result in lay
offs in the staff of the City Comptroller’s Office. He suggested that removing the City
Payroll Staff from the payroll process will not result in a reduction of the required tasks
necessary to administer to the City payroll. He stated that approval of the item will have
no impact on the reduction of the City Budget.
Upon being recognized, City Comptroller David Camasso stated that the
information regularly provided to the Council Members and other City Officials in the
usual course of business or upon request would be seriously delayed since there would be
no staff available to prepare information and data subject to any inquiry presented.
Upon being recognized, Economic Director Patrick Blanchette suggested that the
cost and logistics of engaging private payroll services would be a difficult task to
implement within the time line suggested by the item presented. He stated that the public
bid law would certainly be required to engage such services and would certainly result in
significant delay considering the required process.
Upon being granted the floor, Councilor Rivera stated that the savings that would
result could be used to hire a private firm to administer to the City payroll requirements.
Upon being granted the floor, Councilor Bernal commented that a review of other
community who may outsource this function should be studied. Overseer Robert Nunes
responded by informing the Council Members that the primary function of payroll
366
preparation involves data compilation and input. He suggested that he is unaware of any
payroll firm that would be able to provide this aspect of payroll preparation without
significant input from City employees.
impact and cost outsourcing payroll administration may have on the financial operations
of the City to Overseer Robert Nunes.
objection [that the funds resulting from approved reductions of the FY 2012 Budget are
not required to be directed to supplement hiring police officers].
the Council Members voted to defeat the item by roll call vote recorded as follows:
VOTE #26 OF 35:
367
Upon being granted the floor, Councilor Rivera presented a motion to withdraw
the report of the Budget and Finance Committee to reduce the allocation proposed in the
FY 2012 budget for the Treasure’s Office/Wages and Salaries in the amount of
$44,179.75. The motion was seconded by Council Vice President Silva and unanimously
[8-0] approved by voice vote of the Council Members recorded as follows:
VOTE #27 OF 35
reduction of the allocation proposed in the FY 2012 budget for the Treasure’s
Office/Wages and Salaries in the amount of $44,179.75. The motion was seconded by
Councilor Laplante.
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VOTE #28 OF 35:
reduction of the allocation proposed in the FY 2012 budget for the Director of Public
Works/Personal Services in the amount of $104,208.43 [appearing on page 88 of the
proposed FY 2012 Budget submitted on 5-31-11]. Councilor Rivera explained that the
motion is presented based on the fact that no one [including the Acting Director] hired to
fill the position as budgeted and that the approval of the item may result in hiring a
permanent Department of Public Works Director. The motion was seconded by
Councilor Laplante.
A discussion ensued between Councilor Rivera and Councilor Laplante regarding
the manner of payment for services provided by the current Acting Public Works
369
Director and how appropriation of funds would take place upon hiring a permanent
employee for the position.
Upon being granted the floor, Councilor Twomey posed questions to Acting
Public Works Director Isensee about the interview process for hiring a permanent Public
Works Director. Councilor Twomey suggested that removing the available funds
allocated in the FY 2012 Budget may result in non-payment of salary to the current
Acting Director.
Upon being granted the floor, Councilor Bernal commented that the measure
presented should not be construed as a negative commentary on the performance of
Acting Public Works Director Isensee.
Council President Moran commented that he believes the measure gives rise to
concern on other issues related to this matter.
Upon being granted the floor, Council Vice President Silva stated she does not
support the proposed FY 2012 Budget as presented for issues such as this that recur
throughout the document. She commented that the item presented is unfair to current
Acting Director Insensee.
Upon taking the floor, Council President Moran posed question to Economic
Development Director Patrick Blanchette who stated that votes and approvals of the
Council Members regarding all proposed reductions will be seriously considered by the
Mayor.
purpose of presenting the propose item for consideration of the Council Members.
370
[11:00 p.m. - Councilor Rivera presented a motion to conduct Council business past
11:00 p.m. The motion was seconded by Councilor Laplante and unanimously
Upon inquiry by Councilor Twomey, Economic Development Director Blanchette
stated that the Administration has conducted interviews to hire a permanent Public Works
Director. Councilor Twomey reminded the Council Members that the Administration
and Financial Overseer Robert Nunes have the final authority to implement or reject any
and all budget votes of the City Council. In conclusion, Councilor Twomey affirmed his
prior and continuing objection [that the funds resulting from approved reductions of the
FY 2012 Budget are not required to be directed to supplement hiring police officers].
the Council Members voted to approve the item by roll call vote recorded as follows:
[BLANK SPACE]
371
VOTE 29 OF 35:
reduction of the allocation proposed in the FY 2012 budget for the Office of the
Treasurer in the amount of $45,477.00 [appearing on page 22 of the proposed FY 2012
Budget submitted on 5-31-11]. The motion was seconded by Councilor Maldonado.
VOTE #30 OF 35:
approve the reduction of the allocation proposed in the FY 2012 budget for the Police
372
Department/Personal Services in the amount of $160,349.00. The motion was seconded
by Councilor Rivera.
Upon being granted the floor, Councilor Maldonado explained the purpose and
how the proposed reduction. A discussion ensued between Councilor Bernal and
Councilor Maldonado regarding the proposed cut.
Upon being invited to address the Council Members, Lawrence Police Chief John
Romero informed the Council members that the proposed reduction presents an
unworkable plan and could not be implemented if approved.
Upon being granted the floor, Councilor Maldonado explained that the proposal is
intended to place more uniformed police officers “on the street” by supplementing that
number from administrative officers and supervisors. He stated that the proposal will
have a direct impact on the reduction of crime. In response, Police Chief Romero
commented that it is better to utilized available police officers to proactively prevent
crime where officers placed in the line of service are providing reactive services. A
discussion ensued between Police Chief Romero and Councilor Maldonado regarding
policy and procedures of crime intervention.
Upon being granted the floor, Councilor Laplante stated that the budget situation
over the past few years has been dire and that more police officers are needed to effective
conduct public safety operation in the City of Lawrence. He commended Police Chief
Romero for his forty years of service as a police officer and thanked him for his diligent
service to the City of Lawrence.
373
Upon being granted the floor, Councilor Rivera posed questions to Chief Romero
about past and present police operations.
Upon being granted the floor, Council President Moran posed questions to Chief
Romero regarding the duties and responsibilities of police supervisors.
use and operation of past and present specialty units of the Lawrence Police Department
[ie: auto theft unit, auto fraud unit, gang unit, drug unit, community policing, domestic
violence policy, burglary arrests]. A discussion ensued among the Council Members and
Police Chief Romero about police operations and the structure of command within the
police department.
Upon being granted the floor, Councilor Aquino posed questions to Chief
Romero about assignments of police officers to the Information Technology [IT]
Department of the Lawrence Police Department.
Council President Moran discussed the nature of information retained as a result
of police investigative work and that such information may be required to be confidential
in many respects with Police Chief Romero. Council President Moran suggested that
despite the ability of trained police officers performing technical work for the Lawrence
Police Department, the current financial situation resulting in a reduction of the police
force may require that police officers be assigned to more traditional police work.
Upon being granted the floor, Councilor Maldonado stated that the nonfunctioning police units are not working because they lack sufficient staff officers.
374
VOTE #31 OF 35:
Upon being granted the floor, Councilor Laplante presented a motion to approve
the reduction of the allocation proposed in the FY 2012 budget for the Office of the City
Attorney/Purchase of Services in the amount of $100,00.00 [appearing on page 24 of the
proposed FY 2012 Budget submitted on 5-31-11]. The motion was seconded by
Councilor Rivera.
Upon being granted the floor, Councilor Bernal inquired about the ability of
Council to approve reductions by vote that may be contingent. Council President Moran
375
explained that approvals with contingencies is not permitted to be effective. Financial
Overseer Robert Nunes confirmed that conditional votes of Council are not permitted
through the budget process.
Upon being granted the floor, Councilor Maldonado confirmed that the purpose of
the proposed reduction is to make funds available to hire additional counsel to assist the
City Attorney on a permanent basis. He stated that the proposal is favorable and my
prove helpful to the City of Lawrence. He expressed some concern about the ability of
any newly hired counsel with the ability to enter “on going” cases. A discussion ensued
between Councilor Laplante and Councilor Maldonado about the practical use and
assistance to be provided by an additional Attorney in the City Attorney’s Office.
[12:00 a.m. - Councilor Rivera presented a motion to conduct Council business past
12:00 a.m. The motion was seconded by Councilor Laplante and unanimously
Upon being granted the floor, Councilor Maldonado suggested that the Assistant
City Attorney presently “on leave” could return to work to fill the void.
[BLANK SPACE]
376
VOTE #32 OF 35:
Upon being granted the floor, Councilor Laplante presented a motion to require
the proposed appropriation of funds appearing in the FY 2012 budget for the Lawrence
Police Department/Personal Services in the amount of $247,256.00 [appearing on page
52 of the proposed FY 2012 Budget submitted on 5-31-11] to be expended to hire an
additional four police officers for the Lawrence Police Department. The motion was
seconded by Councilor Rivera.
Upon invitation to address the Council Members, Financial Overseer Robert
Nunes commented that if the motion presented were approved it would result in the lay
off of six (6) individuals. He stated that the proposed use of funds is not recommended
377
and would be opposed in his position as Financial Overseer. Overseer Nunes stated that
the budgetary provisions currently in place result in approximately $700,000.00 of
revenue.
Upon being recognized, Police Chief Romero stated that the motion presented
should not be approved.
Upon being granted the floor, Councilor Bernal stated that the exact issue was
addressed last year and commented that the actual savings does not favor the proposal
from a financial perspective.
378
VOTE #33 OF 35:
Upon being granted the floor, Councilor Laplante presented a motion to reduce
the amount allocated in the FY 2012 budget for the Lawrence Police Department/Police
Administration in the amount of $103,659.00 [appearing on page 48 of the proposed FY
2012 Budget submitted on 5-31-11]. The motion was seconded by Councilor Rivera.
Upon being granted the floor, Councilor Laplante explained the purpose of the
proposal and its implementation if approved.
Upon being granted the floor, Councilor Bernal stated that she does not support
the measure.
Upon being granted the floor, Councilor Maldonado stated he also does not
support the proposal.
[BLANK SPACE]
379
VOTE #34 OF 35:
Upon being granted the floor, Councilor Laplante presented a motion to reduce
the amount allocated in the FY 2012 budget for the Office of the Mayor/Personal
Services in the amount of $86,732.99 [appearing on page 5 of the proposed FY 2012
Budget submitted on 5-31-11]. The motion was seconded by Councilor Rivera.
Upon being granted the floor, Councilor Laplante discussed and explained the
purpose of the proposed reduction presented suggesting that the resulting savings could
be re-allocated to fund hiring police officers.
Upon taking the floor, Council President Moran commented that Police Chief
Romero has stated he is confident that police officers will be reinstated shortly in FY
2012.
380
Upon being recognized, Economic Development Director Patrick Blanchette
stated that the proposed reduction amount coincides exactly in the proposed appropriation
for the salary of the Economic Development Director which is the position currently held
by Mr. Blanchette. He stated that he believes the motion targets him directly and that the
same proposal was presented for FY 2011. He requested that his objection to the
proposal be entered on the record of proceedings.
Upon being granted the floor, Councilor Laplante stated that monies resulting
from the reductions approved will provide financing for several of the public safety areas
of the budget that need funding including firefighters, ambulances, towing companies,
and police officers.
[BLANK SPACE]
381
VOTE #35 OF 35:
Upon being granted the floor, Councilor Rivera presented a motion to accept the
FY 2012 Budget as presented to the City Council by Mayor Lantigua on May 31, 2011
with the amendments approved by the City Council as recorded. The motion was
seconded by Councilor Bernal.
Upon being granted the floor, Councilor Twomey discussed issues of concern and
stated that errors contained in past budgets and the proposed FY 2012 Budget do not
permit him to vote in favor of the proposed budget with its amendments.
Upon being granted the floor, Councilor Maldonado asked Financial Overseer
Robert Nunes about the $400,000.00 budget reductions voted upon for the FY 2011
382
which were not reflected in the tax payer property tax bill. Overseer Nunes stated that
the issue is probably more appropriately addressed by the City Assessor. He stated
further that the amount that would be reflected on each taxpayer billing is likely to be so
minimal that it would not even be noticed to a great degree. Councilor Maldonado stated
that this matter should be reviewed to determine if taxes may be reduced and by what
amount. Overseer Nunes stated that the amount of projected revenues has been reviewed
and the current receipts to date are “on target” in comparison with the anticipated
receipts. He stated that information concerning projected revenues are current as of June
28, 2011.
Upon being granted the floor, Councilor Rivera posed questions to Comptroller
Camasso about the past and present revenue projections.
Upon being granted the floor, Councilor Twomey posed questions to Overseer
Nunes concerning the revenue receipt report presented with the FY 2012 Budget.
Upon being recognized, Councilor Bernal posed questions to Overseer Nunes
regarding the report provided.
Councilor Twomey continued with his inquiry and discussed how the increased
tax rate impacts the budget. A discussion ensued between Councilor Twomey and
Councilor Maldonado about the impact of proposed cuts, the current proposed budget and
the property tax assessment.
Upon being granted the floor, Councilor Rivera posed questions to Overseer
Nunes about revenue being reported in relation to possible budgetary reductions
approved by the Council members. He stated his concern that the tax obligation may be
383
greater than the required projection. Overseer Nunes responded by stating that the
revenue projections provided with the FY 2012 Budget present an extremely conservative
position which is favored for bonding agencies and other governmental entities.
Upon being granted the floor, Councilor Laplante asked Chief Romero about the
suggested return of police officers referenced earlier in the meeting – Police Chief
Romero responded by discussing the measures being taken by his staff to obtain
additional funding to add more police officers to the Lawrence Police Department.
Upon being recognized, Overseer Nunes stated that his assessment is consistent
with Police Chief Romero and that the financial course of conduct is sound. Economic
Development Director Patrick Blanchette stated the Mayor’s Office is also pursuing
measures that will result in the reinstatement and rehire of police officers.
[BLANK SPACE]
384
the Council Members voted to approve the FY 2012 Budget with the amendments
approved by vote the Council as provided herein as recorded by the following roll call
vote:
[1:00 a.m. - Councilor Rivera presented a motion to conduct Council business past
1:00 a.m. The motion was seconded by Councilor Laplante and unanimously
Doc. 115/11 – Approved with Amendments
Upon being recognized, Councilor Rivera presented a motion to declare Doc.
145/2011 an emergency measure and to suspend the Rules of the City Council in order to
presently address the matter. The motion was seconded by Councilor Aquino and
unanimously [8-0] approved by voice vote of the Council Members present.
Doc. 145/11: Appropriation Transfer – Department of Public Works - From Free
Cash to Snow and Sanding – Snow Removal Contracts - $300,000.00 – David A.
Camasso, Comptroller - Approved
385
Councilor Rivera moved to approve the appropriation transfer as an emergency
measure stating that Council approval of the appropriation is important to address certain
budgetary matters of concern to the Public Works Department snow removal contracts.
voice vote of the Council Members present.
Upon being recognized, Councilor Rivera presented a motion to declare Doc.
146/2011 an emergency measure and to suspend the Rules of the City Council in order to
presently address the matter. The motion was seconded by Councilor Maldonado and
146/11: Appropriation Transfer – From Department of Public Works – Repairs
and Maintenance to Inspectional Services Department – Office Supplies - $2,000.00
– John R. Isensee, Acting Department of Public Works Director – Approved
Councilor Rivera moved to approve the appropriation transfer informing the
Council Members that the item reflects an important and necessary budgetary transfer
involving the Department of Public Works for the immediate consideration of the
Council Members. The motion was seconded by Councilor Maldonado and unanimously
[8-0] approved by voice vote of the Council Members present.
386
IX. TABLED MATTERS:
355/10: Lawrence Street – Closing between Haverhill and Lebanon Streets at the time of
dismissal of the Oliver School and School of Exceptional Studies in the former Lawrence
High School building on Haverhill St.–(School days between 2:30 p.m. and 3:00 p.m.) –
Counc. Bernal
34/11:
Transient Vendor License – Orlando Lopez – 103 Bellevue Street
120/11: Resolution – Glass-Steagall – Counc. Almonte
139/11: Misuse of Funds – legal options – Comptroller David Camasso & City Attorney
Charles Boddy-presence requested Counc. Maldonado
X. NEW BUSINESS: - None
XI. ADJOURNMENT:
Upon Motion of Council Vice President Silva duly seconded by Councilor
Aquino, the Council Members present voted unanimously to Adjourn.
ADJOURNED
(1:04 a.m.)
Attest:
William J. Maloney
City Clerk
387
DATE: Tuesday, July 12, 2011
A REGULAR MEETING of the City Council was held on Tuesday, July 12,
2011 at 7: 12 p.m. in the City Council Chamber with all Members present. Councilor
Almonte arrived at 7:14 p.m. and Councilor Rivera arrived at 7:15 p.m.
Approximately Seventeen [17] persons were present.
of City Council Meeting for the Executive Session only held on June 21, 2011 were
submitted by the City Clerk for consideration and acceptance of the City Council
Members.
Upon the motion of Councilor Twomey to accept the minutes as presented duly
accept the minutes.
David Meehan, 79 Pearl Street, Lawrence, MA, spoke in favor of Doc. 131/11.
Richard Russell, 34 Cross Street, Lawrence, MA, posed questions about the
use of police cruisers in Lawrence, Overtime for a Police Officer; Closing City Hall
July 1, [Thursday, June 29, 2011]
388
[Tuesday, July 12, 2011]
2011 at noon, inactive voters, the pending hiring of a new Budget Director recommended
for approval, and the assignments for police detail coverage for the 2011 Spanish
Festival.
Sandy Almonte, 33 Woodland Street, Lawrence, MA, current District A
Councilor, informed the Council Members and the public that she had recently sent a
letter to the Editor of the Eagle Tribune concerning news articles about her inability to
attend the City Council Meeting held on June 29, 2011 concerning the consideration and
approval of the FY 2012 City Budget due to a family emergency. She stated that despite
requesting a response, no one from the Tribune has yet to respond to her letter.
Upon conclusion of the public comment portion of the Meeting, Councilor Rivera
presented a motion to take document 105/11 out of the order appearing on the agenda.
The motion was seconded by Councilor Bernal and unanimously approved by the
III. COMMITTEE REPORTS:
Doc.105/11: Mt. Vernon Park – Driveway Dedication – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve Mt. Vernon Park –
Driveway Dedication, which was seconded by Councilor Rivera.
Daniel Halloran, 37 Pleasant Street, Merrimack, MA [former Lawrence City
Council Member] spoke in support of the measure.
Upon being granted the floor, Councilor Twomey posed questions about the
proposed signage to be erected at the entrance of Mt. Vernon Park. Mr. Halloran
389
provided additional information regarding the signs to be posted. A discussion ensued
between Councilor Bernal, Councilor Twomey and Mr. Halloran regarding the item
presented.
Upon vote of the Council Members present, the measure was unanimously [9-0]
approved.
IV. OLD BUSINESS:
Doc.131/11: The 1912 Monument Committee – request permission to allow the
installation of a permanent monument to Commemorate the Centennial of the
Lawrence 1912 Textile Strike – to be placed in the North Lawrence Common Near
Appleton Street – Jonas A. Stundza – Approved
of the Ordinance Committee in the form of a motion to approve the item presented,. The
David Meehan, 79 Pearl Street, Lawrence, MA, spoke in support of the measure
and provided information regarding the plans to erect the monument if approved. Mr.
Meehan provided an drawing of the monument as it would appear after installation.
390
Members. Upon vote of the Council Members present, the measure was unanimously [90] approved.
Doc. 158/11: Resolution – Greater Lawrence Technical High School graduate
Adolpho Acevedo for graduating first in his class – Counc. Laplante – Presented
At the invitation of Council President Moran, Councilor Laplante presented the
Resolution with the assistance of Greater Lawrence School Committee Member Leo
Lamontagne. Upon conclusion, the Council Members offered their congratulations to
Adolpho Acevedo and noted his accomplishment of graduating first in his class.
Council Vice President Silva presented a motion to take document 118/11 out of
the order appearing on the agenda. The motion was seconded by Councilor Almonte and
VI. OLD BUSINESS:
Doc.118/11: Parkside Apartments West – public sidewalks repair – Anthony R.
DiFruscia & Council Vice Pres. Silva – Approved
Upon being granted the floor, Council Vice President Silva introduced the item
and discussed the repairs needed at the location of the housing complex.
391
Upon being granted the floor, Councilor Bernal presented the report of the
Ordinance Committee in the form of a motion to approve the item presented. The motion
was seconded by Council Vice President Silva.
Members that there is an agreement with the owner of the property [Attorney DiFruscia]
to advance payment for repair to the public sidewalk area which will result in a net
savings to the City of Lawrence.
Upon being granted the floor, Councilor Twomey discussed the proposed repairs,
which were discussed and explained by the property manager of the apartment complex.
Upon being granted the floor, Councilor Rivera posed questions about any plans
to provide a “follow-up” inspection of the completed work by the Public Works
Department.
Upon being granted the floor, Councilor Bernal explained that the agreed upon
work would be in accordance with the current building code and would be subject to final
approval by the City Public Works Department.
Upon being granted the floor, Councilor Maldonado asked about the “start” and
“end” date of the project which the property manager responded would begin before the
fall season and end after about one week after it begins.
Upon being granted the floor, Council Vice President Silva suggested that the
property manager and owner work closely with Acting Public Works Director John
Isensee.
392
Upon vote of the Council Members present, the measure was unanimously
[8-0] approved. [Councilor Almonte being absent from the Council Chamber at the time
the vote was recorded].
VII. PUBLIC HEARINGS:
Doc.353/10: Parking Fines Increases – Ordinance to be amended – Public Hearing
held - Approved
Council Members.
Patrick Blanchette, 215 Ferry Street, Lawrence, MA, Economic Development
Director discussed and explained the proposal to increase parking fines.
proposed ordinance which was seconded by Councilor Maldonado.
393
Upon being granted the floor, Councilor Bernal posed questions about the
proposed increases and informed the Council Members that the proposal is presented
without a recommendation of the Ordinance Committee.
support the proposed ordinance.
Upon being granted the floor, Councilor Rivera stated the measure is a necessary
revenue part of the FY 2012 Budget recently approved with this component in place. He
urged the Council Members to support the measure.
Upon being granted the floor, Councilor Twomey concurred with Councilor
Rivera on the matter and inquired if the fines for Handicapped Parking violations
provided in “Group E “ of the ordinance could be increased to $100.00. Councilor
Rivera accepted the suggestion as an amendment to his motion for approval.
Council President Moran asked the City Clerk if the item concerning an increase
to the Handicapped Parking violation could be increased absent notice and publication of
the notice of the proposed increase. The City Clerk stated that he would inquire of the
City Attorney and take appropriate steps upon the opinion of the City Attorney.
measure presented by Councilor Rivera, as seconded by Councilor Maldonado, the
Council Members present voted as follows to approve the measure by roll call vote:
Yes-7; No-2
394
Council President Moran –No
Doc. 58/11: Zoning Change – Jacques Pond – from OSR to OSC – Public Hearing
held - Approved
Council Members.
Upon being recognized, the resident/owner of property at 21 Glen Street ,
Lawrence, MA stated concerns about possible that the location may have to vandals who
may destroy any improvement added to the area and pose additional safety risks to those
using the location for recreational purposes. He suggested that additional security will be
necessary for the property owners near the location.
Council President Moran stated that the proposed zoning amendment provides
greater restriction of use due to its “conservation” designation. A discussion ensued
between Council President Moran and the property owner/resident concerning the
anticipated and future possible use of the location if the new designation is adopted.
395
Louise Bistany, 20 Devonshire Street, Lawrence, MA expressed concern about
the location of parking facilities for the public who may arrive to use the designated
areas. Council President Moran again explained that the proposed zoning change is a
“zoning designation” for “Open Space Conservation” use to which greater protections
apply to any use than the current “Open Space Recreation” designation. He stated that
the area will have greater protections against use which will have to pass scrutiny by the
Conservation Commission that does not presently apply.
item presented which was seconded by Councilor Rivera.
Upon being granted the floor, Councilor Bernal discussed the zoning change
presented explaining that the proposed change will allow for greater restrictions that do
not apply to the current use designation. A further discussion ensued regarding the
proposed zoning changes and their impact on the area.
Upon being granted the floor, Councilor Rivera provided further and additional
explanation about the applicable restrictions that use of Conservation Land entails.
Upon being granted the floor, Councilor Twomey stated that it is possible that
additional “public parking” could be provided even with the “conservation land”
designation. A discussion ensued between Councilor Twomey and Councilor Bernal
396
regarding the differences between land use for land that is designated as “recreational”
and land designated as “conservation”.
Upon being recognized, the real property owner of 21 Glen Street, Lawrence, MA
stated he still has concerns about the “conservation” zoning designation and the future
use of the property which may attract those who will use the area which in turn will
require the City to afford protection to property owners in the area. In response,
Councilor Bernal again explained the expanded protections from use that a
“conservation” designation requires and does not exist with the current designation.
Upon being recognized, Bob [last name unknown], 17 Genesse Street, Lawrence,
MA stated he has a problem with any parking lot that may be constructed or allowed
under any zoning designation. He stated that allowing parking for any use will attract
vandalism and criminal activity affecting the people who live in the area. Councilor
Bernal emphasized that there is no plan to create parking for public use of the area. She
stated that the listing of possible uses which itemizes “parking” as one of the permitted
uses for “conservation land” merely reflects the legal listing required for publication.
and those concerned with the matter that any plan to install public parking must be
approved by the Conservation Committee.
measure presented by Councilor Bernal, as seconded by Councilor Rivera, the Council
397
Members present voted unanimously [9-0] to approve the proposed zoning change
subject to this item.
Doc.109/11: Parking – Elvis Variety Store – 9 Newton Street – 15 minute spaces –
Public Hearing held – Approved
notice regarding the above item as published. Upon the conclusion of the Clerk’s reading
of the public notice, Council President Moran opened the public hearing portion of the
Council Members.
approve the measure presented. [Councilor Bernal being absent from the Council
VIII: Communication from Mayor, City Officials & City Attorney: - None
398
IX. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc.160/11: Appropriation Transfers – FY 2011 Year End – David A. Camasso,
Comptroller – Declared an Emergency Measure - Approved
Upon being recognized, Councilor Rivera presented the item and moved to
suspend the Rules of the City Council and have the matter declared an emergency
measure to have the item presently considered. The motion was seconded by Councilor
Maldonado and unanimously [8-0] declared an emergency measure by the Council
Members present. [Councilor Bernal being absent from the Council Chamber at the time
Upon being granted the floor, Councilor Rivera provided a report of the Budget
and Finance Committee on the item and moved to approve the item presented. The
motion was seconded by Councilor Almonte and the Council Members present voted
unanimously [8-0] to approve the item as presented. [Councilor Bernal being absent
from the Council Chamber at the time the vote was recorded].
Doc.160/11: Declared Emergency - Approved
Doc. 161/11: Prior Year Invoices/Settlement - $4,999.99 – David A. Camasso,
Comptroller – Ref. to Budget and Finance
X. COMMITTEE REPORTS:
Doc. 379A/10: Parking Meter Enforcement Agency – ordinance for creation – Ord.
of the Ordinance Committee calling for a public hearing on the measure presented. The
399
present [9-0].
Doc. 379A/10: Public Hearing Ordered
Doc. 379B/10: Standard Parking – Contract –
approval of 5 year term – Ord. Cmt.- Tabled
At the request of Council President Moran, Councilor Bernal presented the
measure from the Ordinance Committee and motioned to table the measure stating that
the approval of this item may depend upon the approval of an amended “parking meter
ordinance” which should take place prior to any consideration of this item. The motion
was seconded by Councilor Rivera and unanimously [9-0] approved by Council
Members present.
Doc. 379B/11: Tabled
Doc. 101/11: Transient Vendor License – Nilda Ortiz – renewal –
415 Lowell Street – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve the item as presented.
Council Members present. [Councilor Almonte being absent from the Council Chamber
at the time the vote was recorded].
Doc. 102/11: Old Gold Dealer License – Belkis Oslan – 442 Essex Street – Ord.
Cmt. – Approved
400
Council Members present. [[Councilor Almonte being absent from the Council Chamber
Doc. 127/11: Lawrence-Methuen Coalition – National Night Out – on August 1st
and 2nd, 2011 – Ord. Cmt. – Approved
Doc. 129/11: Loading Zone – 46-50 Essex Street –
Aaron’s Furniture – Ord. Cmt. & Public Hearing ordered
of the Ordinance Committee calling for a public hearing to be held on the measure
presented. The report was presented in the form of a motion to order a public hearing
which was seconded by Councilor Aquino and unanimously approved by the Council
Members present [7-0]. [Councilor Almonte and Councilor Rivera being absent from the
401
Doc. 142/11: St. Alfio’s Society – 88th Annual Feast of Three Saints - September 2nd,
3rd, and 4th, 2011 – Ord. Cmt. – Approved
Council Members present. [Councilor Almonte and Councilor Rivera being absent from
Doc. 143/11: Ministerio Cristo para los Necesitados – permission to use the
Campagnone Common Park on August 20th, & September 10th, 2011(Rain date
September 17th, 2011) – Ord. Cmt. – Approved
Council Members present. [Councilor Almonte and Councilor Rivera being absent from
Doc. 144/11: Transient Vendor License – Erika Ruiz – renewal – 505 Hampshire
Street – Ord. Cmt. – Approved
402
XI. WITHDRAWALS:
Doc. 232/10: Establishment of Revolving Fund, various departments – Budget and
Finance Cmt. – Withdrawn
Council President Moran granted Councilor Rivera the floor in order to present a
report of the Budget and Finance Committee recommending the withdrawal of the above
matter which had remained pending before the Budget and Finance Committee. The
motion was seconded by Councilor Aquino and Council Members present voted
unanimously [9-0] to withdraw the item from the City Council Agenda.
Doc. 384/10: Outstanding Municipal Tickets – (Motor Vehicles, Inspectional
Services, etc.) – Budget and Finance Cmt. – Withdrawn
Doc. 113/11: Parks, City Streets, Vacant Lots, Abandoned Property and other City
Properties – Ord. Cmt. – Withdrawn
403
XII. OLD BUSINESS: - None
XIII. TABLED MATTERS:
Doc. 287/10: Merrimack Paper Mill-Chief of Staff Leonard Degnan to provide
status on this property and update on back taxes – Letter/Tabled
Council President Moran introduced the item to the Council Members present and
recognized Councilor Laplante to address the matter further.
At the invitation of Councilor Laplante, Building Inspector Lawrence Hester of
the Inspectional Service Department addressed the Council Members regarding the
matter presented.
Upon inquiry by Councilor Laplante, Inspector Hester who provided information
concerning action of the City of Lawrence Inspectional Services Department [hereinafter
ISD] and the State Department of Environmental Protection [hereinafter DEP]
concerning the progress of demolition of buildings on this site. [A discussion ensured
between Councilor Laplante and Inspector Hester regarding the requirements necessary
for the owner to complete demolition and the concerns about proceeding with demoltion
despite outstanding taxes remaining to be paid]. Inspector Hester informed the Council
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Members that demolition requirements are required to complete when they are associated
with “safety issues” and permits to allow for demolition for unsafe buildings take priority
over any issues that may concern the payment of taxes.
Councilor Laplante presented a motion to send a letter to Tax Collector and the
Administration to have a designee present at the next City Council Meeting to provide
any information concerning payment plans and to obtain an update on status on the
payment of monies that may be due to the City of Lawrence regarding this property.
Councilor Laplante read a letter from Acting Fire Chief Bergeron referencing a tax
payment plan regarding the property in question. In response to further inquiry about tax
payments - Inspector Hester stated that the primary issue of concern for the ISD and
DEPT are the safety issues.
Upon being recognized Council Vice President Silva seconded the motion to
forward the letter subject to the motion of Councilor Laplante. The Council Members
present voted unanimously [9-0] to approve the motion as presented.
Upon being granted the floor, Councilor Maldonado asked if any other permits
have been issued. Inspector Hester stated that he believes the only permit issued for the
property is a demolition permit which was issued in order to make the location “safe”.
Upon no further comment or discussion, Councilor Laplante moved to table the
document for future proceeding. The motion was seconded by Councilor Almonte and
the Council Members present voted unanimously [9-0] to table the item.
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Upon addressing the Council Members and the public, Council President Moran
stated the next Regular City Council Meeting would be held on August 23, 2011 at 7:00
p.m.
XIIII. TABLED MATTERS:
22/10:
287/10:
323/10:
351/10:
355/10:
34/11:
120/11:
139/11:
New Automated Trash Collection and Allied Waste Services contract update –
Merrimack Paper Mill-Chief of Staff Leonard Degnan to provide status on this
City Election’s Equipment, Staffing and Processes – overview and report
Police – update
Lawrence Street – closing between Haverhill and Lebanon Streets at the time of
Lawrence High School building on Haverhill Street – (School days From 2:30
p.m. to 3:00 p.m.)
Misuse of Funds – legal options – Comptroller David Camasso & City Attorney
Charles Boddy – presence requested – Counc. Maldonado
XV. NEW BUSINESS:
Doc. 151/11: Lawrence Folk Dance Festival– Appleton Way on August 13th, 2011
from 2:00 p.m. to 9:00 p.m. – Nazario Esquea, General Coordinator of the Desfile
and Festival Dominicano 2011 – Approved
Upon being recognized, Councilor Rivera presented a motion to Suspend the
Rules of the City Council and to declared the above matter an emergency measure in
order that it may be immediately addressed by the Council Members. The motion was
seconded by Councilor Aquino and unanimously [9-0] approved by the Council Members
present.
Upon being granted the floor, Councilor Rivera stated that individuals and
organizations often file their requests to use public property very close to the date of the
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event and often without sufficient time for the Council Members to reasonably review the
petitions presented. He suggested that these individuals and organizations be forwarded a
letter to request that information concerning future known dates of public property use
for such events be sent to assure that petitions are presented with enough time for review
and consideration.
Councilor Rivera presented a motion to approve the item as presented subject to
any Departmental approvals that may be pending. The motion was seconded by
Councilor Aquino.
Upon being granted the floor, Councilor Bernal commented that she supports the
measure [A discussion ensued among the Council Members regarding the petition
presented].
presented. Upon a motion to approve the measure as seconded by Councilor Aquino, the
Council Members present voted unanimously [9-0] to approve the item as presented
[subject to Departmental Approvals].
Doc.157/11: The Salvation Army – Casa de Luz Corps – seeking permission to do
KETTLES FOR KIDS in the City of Lawrence on July 14th, 15th, 21st, 22nd and 23rd,
2011 and on August 11th, 12th, 13th, 18th, 19th, 20th, 25th, 26th, and 27th, 2011 from 9:00
a.m. to 6:00 p.m. at Essex and Amesbury Streets, Lawrence and Essex Street &
Common Street at the Post Office – Raymond Arocho, Cadet, Corps Officer/Pastor
– Approved
Upon being recognized, Councilor Rivera presented a motion to Suspend the
Rules of the City Council and to declared the above matter an emergency measure in
407
order that it may be immediately addressed by the Council Members. The motion was
seconded by Council Vice President Silva and unanimously [9-0] approved by the
item presented subject to the petitioner obtaining any pending Departmental approvals.
The motion was seconded by Councilor Almonte. Councilor Rivera pointed out that the
dates of July 14 and 15, 2011 were being omitted from the request.
Raymond Arocho, Salvation Army Representative appearing on behalf of the
petitioner, provided information about the annual fund raising event to the Council
Members present.
presented. Upon a motion to approve the measure, pending approvals, presented by
Councilor Rivera, as seconded by Councilor Almonte, the Council Members present
voted unanimously [9-0] to approve the petition as presented to allow the fund raising
activities requested by the Salvation Army, Casa de Luz Corps, to be held in the City of
Lawrence on July 21st, 22nd and 23rd, 2011 and on August 11th, 12th, 13th, 18th, 19th, 20th,
25th, 26th, and 27th, 2011 from 9:00 a.m. to 6:00 p.m. at Essex and Amesbury Streets,
Lawrence and Essex Street & Common Street at the Post Office as described and
presented by Cadet Raymond Arocho, Salvation Army Corps Officer/Pastor.
Doc.164/11: Handicapped Parking-69 Exchange Street-Counc. Maldonado –
Added to Agenda - Ref. to Ord. Cmt.
408
Upon being recognized, Councilor Maldonado presented a motion to suspend the
adding the item to the agenda as “New Business” of the City Council. The motion was
present.
Upon addressing the item, Council President Moran referred the matter to the
Doc.164/11: Added to Agenda - Ref. to Ord. Cmt.
XIV. NEW BUSINESS:
Council Members present and referred each to the appropriate Council Subcommittee as
indicated:
152/11: Dominican Parade – request permission to use the Campagnone Common
Park on August 28th, 2011 from 12:00 Noon to 9:00 p.m – Nazario
Esquea, General Coordinator of the Desfile and Festival Dominicano
2011- Ref. to Ord. Cmt.
153/11: Transient Vendor License – Policy – Council Pres. Moran
Ref. to Ord. Cmt.
154/11: Transient Vendor License – Belgica De Leon – 157 Willow Street,
155/11: Tax Credit for Senior Volunteers – Jean Roy – Ref. to Ord. Cmt.
156/11: Disclosure of Financial Interest by Municipal Employee – Patricia Rita
Waters, Licensing Board – Ref. to Ord. Cmt.
159/11: Moratorium on liquor licenses – Counc. Laplante – Ref. to Ord. Cmt.
162/11: Appointment – Budget and Finance Director – Mr. Charles T.
Panagopoulos – recommendation – Mayor Lantigua – Ref. to Pers. Cmt.
163/11 Transient Vendor License – Antojitos Internacional - Pedro J. Valdez –
108 Beacon Avenue, Lawrence, MA – Ref. to Ord. Cmt.
XI. ADJOURNMENT:
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Upon Motion of Councilor Rivera duly seconded by Councilor Aquino, the
ADJOURNED
(09:15p.m.)
Attest:
William J. Maloney
City Clerk
410
DATE: Wednesday, July 20, 2011
A SPECIAL MEETING of the City Council was held on
Wednesday, July 20, 2011 at 7: 05 p.m. in the City Council Chamber with all Members
present, except Councilor Maldonado. Councilor Laplante arrive at 7:06 p.m. and
Councilor Aquino arrived at 7:08 p.m.
Approximately Nine [9] persons were present.
of City Council Meetings conducted June 20, 2011 and June 21, 2011 were submitted by
the City Clerk for consideration and acceptance of the City Council Members.
Upon the motion of Councilor Almonte to accept the minutes as presented which
was seconded by Councilor Rivera, the Council Members present voted unanimously
[6-0] to accept the minutes. [Councilor Aquino & Councilor Laplante not present in the
IV. Communication from Mayor, City Officials & City Attorney: - None
411
[Wednesday, July 20, 2011]
Doc. 162/11: Appointment – Budget and Finance Director – Mr. Charles T.
Panagopoulos – recommendation – Mayor Lantigua – Withdrawn
Council President Moran introduced the measure informing
the Council Members that the purpose of the Council Meeting this evening is to assure
the Lawrence City Council addresses the proposed appointment in a timely manner as
required by the City Charter and attendant City Ordinances.
Upon being granted the floor, Councilor Twomey presented the report of the
Personnel Committee recommending the City Council Members withdraw the
recommended appointment without prejudice based upon information received from
Mayor Lantigua. The report was presented in the form of a motion to withdraw the
document without prejudice. The motion was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Laplante stated that it is important to
consider the larger issue. He discussed whether or not the motion should be accepted.
Upon being granted the floor, Councilor Twomey stated that Mayor Lantigua
indicated the applicant wished to withdraw his name for consideration and the Committee
report is in compliance with that report and intent.
Upon being granted the floor, Councilor Laplante suggested that it appears tha the
applicant did not state that he wished to withdraw his application from consideration.
Council President Moran informed the Council Members that the report known to
the Personnel Committee and to the Council Members individually is obtained from
various sources and should be considered for the purpose of acting upon the matter
presented. He stated that upon the report received and information presently known, it
appears that the individual recommended by Mayor Lantigua is no longer being
412
recommended and is unavailable for appointment. A discussion ensued between Council
President Moran and Councilor Laplante regarding the candidate and the events leading
to the motion on the table.
Upon being granted the floor, Councilor Laplante posed questions to the Council
Members and the availability of the individual Council Members to meet the candidate.
Members for their consideration. Upon vote of the Council Members present, the motion
to withdraw the item without prejudice was unanimously [7-0] approved by the Council
Members present. [Councilor Bernal and Councilor Maldonado being absent from the
IX. TABLED MATTERS:
22/10:
New Automated Trash Collection and Allied Waste Services contract
287/10:
Merrimack Paper Mill-Chief of Staff Leonard Degnan to
provide status on
This property and update on back taxes
323/10:
City Election’s Equipment, Staffing and Processes –
overview and report
351/10:
Police – update
355/10:
Lawrence Street – closing between Haverhill and Lebanon Streets at the
time of dismissal of the Oliver School and School of Exceptional Studies
in the former Lawrence High School building on Haverhill Street –
(School days From 2:30 p.m. to 3:00 p.m.)
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34/11:
120/11:
139/11:
379B/10:
Misuse of Funds – legal options – Comptroller David Camasso & City
Attorney Charles Boddy – presence requested – Counc. Maldonado
Standard Parking – Contract – approval of 5 year term – Ord. Cmt.
XI. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Aquino, the
ADJOURNED
(7:16p.m.)
Attest:
William J.
Maloney
City Clerk
414
DATE: Tuesday, August 23, 2011
A REGULAR MEETING of the City Council was held on Tuesday, August 23,
Approximately Sixteen [16] persons were present.
of City Council Meetings conducted June 29, 2011, July 12, 2011 and July 20, 2011 were
Members.
Upon the motion of Councilor Almonte to accept the minutes as presented and
Roger Twomey, 17 Leeds Terrace, Lawrence, MA [current City Councilor at
Large] informed the Council Members that although the State has approved additional
licenses for alcohol establishment, he believes the formula applied is flawed and it would
be a serious mistake to allow the license to issue in Lawrence. He stated that the recent
415
[Tuesday, August 23, 2011]
violent outbursts in Lawrence would only be exacerbated and he stated that police
support to quell all violence occurring in the City of Lawrence requires the support of the
National Guard. He urged those in authority to deploy the National Guard to take
immediate action to preserve the public safety.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke about the importance
of the upcoming City Municipal Preliminary Election scheduled to take place on
Tuesday, September 20, 2011.
Richard Russell, 34 Cross Street, Lawrence, MA stated that the City Council take
action to protect public safety. He inquired if any of the establishments voluntarily
contribute funds to hire police officers to protect all night clubs as announced earlier in
the year by Mayor Lantigua. He asked is the funds were collected and if there was an
accounting available for public review and possible use.
Lindy Galland, 196 West Street, Lawrence, MA spoke in favorably about the
recent repairs to the roads by the Public Works Department and Mayor Lantigua. She
commented about the noticeable repairs to specific streets.
Sandy Almonte, City Councilor for District “A”, 33 Woodland Street, Lawrence,
MA offered thanks to all who contributed their time and effort to make “National Night
Out” a success. She thanked individuals who each provided assistance to the effort.
Doc. 353/10: Parking Fines – Increases [parking/blocking a handicapped zone
section only] – Public Hearing held - Approved
notice regarding the above as published. Upon conclusion of the reading of the notice of
416
public hearing, Council President Moran opened the public hearing portion of the
proceedings inviting anyone who wished to be heard or comment on the proposed
measure to appear before the Council Members.
Councilor Rivera presented a motion to approve the measure presented which was
present [9-0].
Doc. 379A/10: Parking Meter Enforcement Agency – Ordinance for creation –
Public Hearing held - Approved
notice regarding the above as published. Upon the conclusion of the reading of the public
hearing notice, Council President Moran opened the public hearing portion of the
proceedings inviting anyone wished to be heard or comment on the proposed measure to
appear before the Council Members.
Economic Development Director Patrick Blanchette appeared on behalf of Mayor
Lantigua and provided a brief history of the proposed measure concluding by urging the
Council Members to approve the measure.
417
approve the measure which was seconded by Councilor Almonte.
Patrick Blanchette about future amendments to the ordinance – Director Blanchette
responded by informing the Council Members that future amendments to the ordinance
[if any] will have to proceed for hearing and approval by vote of the City Council like
any other ordinance. Director Blanchette also informed the Council Members that
research and investigation was conducted to determine and determine if financial
assistance could be made available from the State in order to financially support the
program through implementation and enforcement.
Upon being granted the floor, Councilor Rivera posed questions about the
proposed future ordinance changes to enhance enforcement of the program. Upon
invitation, City Attorney Boddy informed the Council Members that he had drafted the
proposed ordinance presented for approval. He stated that his efforts were intended to
keep the ordinance “neutral” in application in order to remain “open” for any
amendments that may be necessary or required over time.
Upon being granted the floor, Councilor Laplante asked if there was an impact
study conducted to determine the affect the new ordinance may have on businesses
subject to the installation and enforcement of the new meter system. In response,
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Director Patrick Blanchette discussed aspects of the new system that would benefit
businesses that are in the location where the new parking meters would be used.
Upon being granted the floor, Councilor Almonte stated that the most beneficial
aspect of the new meter system is that it will allow anyone parking in one space to carry
any time remaining on their prepaid “parking stub” to any other parking space in the
system. She stated that this will allow those who may enter one establishment prior to
the expiration of their time purchased to carry that time with them to the next location in
the system – she pointed out that remaining time on older stationary meters stays with the
meter and does not travel with the individual.
Council President Moran stated that an impact study would have provided
important information concerning the ordinance implementation and enforcement. He
stated that such a study could be referenced and would provide concrete information to
the public concerning the proposed new parking system for those who may have
concerns.
phases of the project which a representative of the recommended bidder provided.
419
to approve the measure presented.
Councilor Almonte presented a motion to take document 379B/10 out of the order
IV. TABLED MATTERS:
Doc. 379B/10: Standard Parking – Contract – approval of 5 year term – Approved
Upon being recognized, Councilor Rivera presented a motion to approve the
measure presented, as seconded by Councilor Almonte.
At the request of Councilor Laplante, Director Blanchette provided information
about the recommended bidder. Councilor Laplante posed additional question about
projected revenues that will result from the contract if approved. Ronnie Rivera
[Representative of recommended bidder] stated that meter revenues would equal 1.2
million dollars over 12 months and approximately 6.3 million dollars over 5 years.
Mr. Rivera discussed the split between operations and revenue to the City Of Lawrence.
Council President Moran posed questions about the location where enforcement
would be implemented and the manner of ticketing for parking violations.
Upon being granted the floor, Councilor Rivera discussed the five year term of the
contract and posed questions about the project “timelines” if approved. Mr. Ronnie
Rivera provided information about he phased project and the responsibilities the
company would assume. Economic Director Patrick Blanchette provided the Council
Members with a list of the locations where the new parking meters would be installed and
420
subject to enforcement. Councilor Rivera continued by reviewing the projected revenues
[approximately 2.3 million dollars] and confirmed through the company representative
that 1.2 million dollars is projected in the first year and that the City of Lawrence would
be guaranteed 400,000.00 dollars per year regardless of revenue generated.
Upon being granted the floor, Councilor Bernal posed questions about
implementation of the project and specific aspects concerning how the new meter system
works.
Council President Moran asked about and confirmed that the hours the meters
would be in operation would be from 8:00 am to 6:00 pm each day except Sundays. He
also inquired how enforcement may impact residents and businesses and stated that an
impact study would help provide the public with more information. Council President
Moran also asked about dissemination of information to the public indicating that it
would help if people were provided as much information as possible regarding the use
and operation of the new meter system. Director Patrick Blanchette stated that the meters
provide a tutorial on each of the meters and should be easy to use.
Upon being granted the floor, Councilor Maldonado posed questions concerning
the availability of information to the user if the machines malfunction and stated that the
user instructions should also be provided in Spanish.
421
to approve the measure.
Doc.170/11: Resolution – Bylli Crayone – Counc. Almonte - Presented
Members present and called upon Councilor Almonte to present the Resolution.
Councilor Almonte introduced the recipient of the Resolution providing
information about the many musical talents and abilities of Mr. Crayone. Upon
conclusion of the presentation, Mr. Crayone thanked the Council Members for the public
recognition of his accomplishments. He stated that his success was dependent upon the
years of support he received from the Lawrence Community and everyone that assisted
throughout his career. He thanked Councilor Almonte for her support and
encouragement as well.
Doc.129/11: Loading Zone – 46-50 Essex Street – Public Hearing held - Approved
422
Council Members.
Upon a motion to approve the measure presented by Councilor Bernal, as
unanimously [8-0] to approve the measure. [Councilor Almonte being absent from the
Council Chambers at the time the vote was recorded].
VII: Communication from Mayor, City Officials & City Attorney:
Doc. 177/11: Recall Petition Report – Report of City Clerk - Council Pres. Moran –
Tabled
At the request of Council President Moran, City Clerk William Maloney gave a
report on the status of the Recall Petition announcing that the Board of Registrars
accepted and certified the report of the City Election Division that 5,483 signatures were
submitted in support of the recall petition, of these signatures 4,366 signatures were
certified as registered voters. The report provided that there were a total of 34,879
registered voters at the time of the Municipal Election held on November 2, 2009 and that
423
a total of 5,232 registered voters [or 15% of the total registered voters in 2009] was
required to sustain the recall petition. The City Clerk stated that the Board of Registrars
confirmed that those 4,366 verified signatures amounted to 12.517% of the voters
registered as of November 2, 2009 and this amount was insufficient to forward the matter
to the City Council pursuant to section 9.7 of the Lawrence City Charter. He stated the
Board of Registrars were scheduled to meet next on Wednesday August 24, 2011 at 4:30
p.m. to consider objections to nomination petitions for those individuals seeking elective
office at the Municipal Preliminary and would again meet on Thursday, August 25, 2011
at 5:00 p.m. to consider objections by either the proponents or opponents to the recall
petition.
Upon being granted the floor, Councilor Rivera stated he was concerned that the
process was “fatally flawed” and posed questions about what may have been done
incorrectly or in error. City Clerk Maloney stated that he disagreed with Councilor
Rivera’s conclusion that the process followed as “fatally flawed”. He informed the
Counsel that the Board of Registrars has certified the number of verified voters signing
the petition and the recall effort has failed due to a lack of sufficient certified signatures
as required by the City Charter and that any other conclusion absent a contrary finding
issued by a Court is not accurate. Councilor Rivera posed questions to City Clerk
Maloney about the public disclosure of the signatures appearing on the petition and
expressed concerns about the standards applied to determine the status of each of the
voters signing the petition resulting in the certification report.
424
City Clerk Maloney stated that the procedures that regulate voter certification are
promulgated by the Office of the Secretary of the Commonwealth and appear in the
Massachusetts Code of Regulation [hereinafter CMR]. He stated that the regulatory
procedures were followed by the staff who are familiar and trained in the review process
applied.
Councilor Rivera also posed questions regarding the electoral process and stated
that the public should be provided with greater confidence that the process being applied
is legitimate.
Upon being granted the floor, Councilor Maldonado discussed the process of
comparing signatures appearing on documents submitted to the Election Division on
petitions and nomination petitions should be compared in order to assure the signatures
are genuine. He suggested the process might benefit from the use of technology that may
be available and able to perform the function fairly and reasonably similar to systems that
may be available to law enforcement. City Clerk Maloney responded by stating the
Secretary of the Commonwealth of Massachusetts provides specific regulations and
standards of review to be followed and that any deviation from those standards should be
submitted for review and approval to the Office of the Secretary of State prior to
implementation. He stated that he welcomed any system that would enhance or improve
t he process. City Clerk Maloney then discussed the process of reviewing signatures on
nomination petitions and the statutory procedures followed in the current review of
nominations for the upcoming Municipal Preliminary Election.
425
Council President Moran inquired of City Clerk Maloney about the procedure
used by other towns. City Clerk Maloney stated that he has not surveyed the process
engaged by other Cities and Towns but he would presume that each would have to follow
the process and procedures established by the Secretary of the Commonwealth in order to
be in compliance.
Upon continuing, Councilor Maldonado reiterated his thoughts on the use of
technology for the sake of transparency in the process. City Clerk Maloney reiterated
that any and all recommendations for improving the method of review are welcomed but
should be implemented only with the approval of the Secretary of the Commonwealth to
avoid any risk of being cited for lack of compliance.
Upon being granted the floor, Councilor Twomey and City Clerk Maloney
discussed the use of current State standards to review nomination petitions and other
petitions for certification of voter signatures. Councilor Twomey stated that he has
concerns that the initial determination of each signature does not involve the comparison
with actual signatures.
A discussion ensued between Council President Moran and Clerk Maloney
regarding current regulations and the manner which fraud is determined and investigated.
Upon continuing, Councilor Twomey discussed his concern about the current
process which voters signatures are determined to be “valid”. City Clerk Maloney stated
that the process of initially determining the validity of a voter’s registration status
requires a standard of review that requires that the signature and name of the voter
appearing on any petition or nomination petition appears “substantially as registered”.
426
He stated that such a determination is completed by reviewing the computer information
found on the Central Voter Registry System where the name and address of the voter is
compared and confirmed if it appears “substantially as registered”. He informed the
Council Members that further review of all such signatures results through the objection
process or through notification by any voter – which in turn could result in a review by
the Board of Registrars and possible report to the Secretary of State and/or the Attorney
General for further action, if necessary.
Upon being granted the floor, Councilor Laplante asked about the process by
which signatures may become available to the “public”. City Clerk Maloney informed
Council the Office of the City Attorney issued a memorandum sometime in January of
2010 which requires all requests for information to be reviewed and approved by the City
Attorney prior to dissemination even it seems obvious that the information subject to the
request is “public”. He stated that every effort is applied to designate any request for
information as a request under the “public records law” [ie: Freedom of Information Act]
which is forwarded to the City Attorney for review and approval prior to release. He
stated that this process was followed with a recent request for release of the Recall
Petition signatures presented by Councilor Rivera. City Clerk Maloney stated that the
City Attorney authorized the release of the petition and signatures to Councilor Rivera
via this process. Councilor Laplante asked if the release of such information may be
governed by regulation of its use. City Clerk Maloney stated that although the usual
situation surrounding the release of information authorized by the City Attorney provides
some measure of reasonableness, it is difficult if not impossible to determine how the
427
information may be used once it is released. City Clerk Maloney was not able to respond
to the hypothetical situation presented by Councilor Laplante at which time City Attorney
Boddy offered to address the Council on the topic of concern.
Upon being recognized, City Attorney Charles Boddy addressed the City Council
and discussed the process by which requests for information and documents is released to
the public and otherwise published for general use. In response to Councilor Laplante’s
inquiry about the fear of retaliation expressed by those signing the failed recall petition,
Attorney Boddy stated he did not have any advice to provide those who signed the
petition even if they did not know that their name might be revealed as someone who
signed the petition. He stated that signing this or any other petition is an act of political
courage from which consequences may result. He agreed that criminal acts of retaliation
should not be tolerated but that such acts should be reported to the police if the individual
is being targeted for retaliation that may involve criminal conduct.
Upon being granted the floor, Council Vice President Silva stated that she agrees
with the concerns expressed by Councilor Laplante. She discussed the fact that names
and addresses of those signing the petition were being posted on the internet on certain
web site locations. She informed the Council Members that she has been “targeted” and
that she has concern about people who may be located through information appearing on
the petition which poses a serious threat to their safety. She stated that people who work
in sensitive government jobs including those who work in the court system and social
services are being subjected to serious harm by people whose only means of locating and
identifying them is because the recall petition is publicly displayed on the internet.
428
Upon being granted the floor, Councilor Maldonado concurred with Council Vice
President Silva. He discussed the petition process available through the City Charter and
stated that access to the process is a result of citizens exercising their right to petition.
Upon being granted the floor, Councilor Bernal stated that she is angry that
Council Vice President Silva’s home may have been targeted. She informed the Council
Members that this issue has been addressed by the United States Supreme Court who
have ruled that people who sign petitions and referenda have no expectation of privacy.
She stated that the names and addresses of those signing the petition are “public” and
available under current Court Decisions.
Upon being granted the floor, Councilor Rivera stated he ordered a copy of the
petition. He stated that if anyone is targeted or subject to any form of retaliation that they
contact him and he would assist in any way possible including reporting the matter to the
authorities.
Upon no further comment or discussion Councilor Maldonado presented a motion
to table the item. The motion was seconded by Councilor Rivera and the Council
Members present voted unanimously [9-0] to table document 177/11.
Doc. 177/11: Tabled
VIII. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 161/11: Prior Year invoice/settlement for the amount of $4,999.99 – Budget
and Finance Cmt. – Approved
of the Budget, in the form of a motion to accept the report presented. The motion was
429
seconded by Councilor Bernal and unanimously [9-0] approved by the Council Members
present.
Upon being granted the floor, Councilor Maldonado moved to approve the item
presented which was seconded by Councilor Almonte.
Upon being granted the floor, Councilor Rivera stated the bill submitted is a 2010
bill and it involves the matters of recent concern involving purchases of goods and
services by IT Personnel who are presently being investigated. He suggested that
payment of the goods provided concerns items that were not part of any contract.
Council President Moran suggested that the City may be liable because the City
kept some if not all of the equipment listed on the invoice. At the request of Council
President Moran, City Attorney Boddy commented that some of the equipment subject to
the invoice and dispute in this matter remains in their original packing boxes. He stated
that Mr. Harhen of the IT Department has been able to locate other equipment subject to
this invoice and the items are in use. It could not be determined if the items being used
could be removed and replaced without a significant disruption in service or serious
additional cost to replace. He informed the Council that the City is not liable to pay for
the goods and that this position has allowed him to obtain an advantage to negotiate a
settlement with the company claiming payment due. He stated that a discount has been
agreed upon in form between the City and the supply company as it applies to some of
the equipment. Some available equipment has been returned to the satisfaction of the
vendor while other items which the City kept were of no use to the vendor. Attorney
Boddy stated that he brought the matter to the Council for approval to allow the matter to
430
be discussed “in public” and to provide the Council with full disclosure. He stated that
payment will not compromise any current or “on going” investigation which will
continue. He stated that the lack of a written contract for the goods provided places the
City in a favorable position. However, payment of the compromised sum places the City
in a “good faith” position and appears to be the “right thing to do”.
Upon being granted the floor, Councilor Malondado posed questions about the
items subject to the proposed settlement.
Upon being granted the floor, Councilor Twomey asked for reasons why the
billing on this matter was so late – Attorney Boddy responded by informing the Council
that the time consumed in settlement negotiations and locating the equipment is the
reason for presenting it so late. Attorney Boddy explained that delay was also caused by
the necessity of reviewing receipts for goods supplied as well as a late bid provided in the
case.
Upon being granted the floor, Councilor Bernal suggested that the vendor should
be required to execute a release of all claims regarding the items subject to dispute and
that payment should be made contingent upon receipt of a release acceptable to the City
Attorney. She requested that the release requirement be accepted as a “friendly
amendment” to the motion presented by Councilor Maldonado who accepted the
amendment.
Upon no further comment or discussion offered by the Council Members on this
matter, Council President Moran asked the Council Members to consider the motion
presented by Councilor Maldonado [as amended] and seconded by Councilor Almonte.
431
The Council Members present voted to approve the item upon the motion with the
amendment as follows: Yes- 8; No-1
unanimously approved by the Council Members present [8-0]. [Councilor Rivera was
absent for the vote]
Doc. 154/11: Transient Vendor License – Belgica DeLeon – 157 Willow Street –
from the Ordinance Committee in the form of a motion to approve the item presented,
which was seconded by Councilor Almonte.
A conversation ensued between Councilor Bernal and Councilor Twomey
concerning the number of Transient Vendor Licenses issued and matters pertaining to the
location and time spent at each location by vendors. Councilor Bernal stated that these
matters as well as other issues pertaining to licenses are expected to be addressed in
future proceedings with Commissioner Peter Blanchette.
432
Council President Moran stated that he has some concerns about the item
presented for approval.
Upon no further inquiry, comment or discussion a motion to approve the measure
presented by Councilor Bernal as seconded by Councilor Almonte, the Council Members
present voted as follows to approve the item presented: Yes-7; No-1; Absent-1
[Councilor Rivera being absent from the Council Chamber at the time the vote was
recorded]:
Councilor Rivera - Absent
appearing on the agenda. The motion was seconded by Council Vice President Silva and
unanimously approved by the Council Members present [8-0][Councilor Rivera being
absent from the Council Chamber at the time the vote was recorded].
Doc.163/11: Transient Vendor License – Pedro Valdez – Antojitos
Internacional – 108 Beacon Street – Ord. Cmt.- Approved
of the Ordinance Committee in the form of a motion to approve the item presented which
was seconded by Councilor Almonte. Councilor Bernal stated that the applicant has
433
requested a license in order to come into compliance with the license requirements which
is the basis for the recommended approval.
Upon being granted the floor, Councilor Aquino informed the Council Members
of her concern that there were two other vehicles in addition to this vehicle being used by
the applicant without the benefit of being properly licensed. The applicant stated that he
has submitted an application for a license for the other vehicles which should be
presented to the Council for approval in the near future. Based on the information
provided, Councilor Aquino stated she will support this petition.
Upon no further inquiry, comment or discussion the motion to approve the
application for a license presented by Councilor Bernal and seconded by Councilor
Almonte was unanimously [8-0] approved by the Council Members present [Councilor
Rivera being absent from the Council Chamber at the time the vote was recorded].
X. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 173/11: FY ‘2011 Supplemental Budget – update and status – Counc. Rivera –
434
XI. COMMITTEE REPORTS:
Doc. 152/11: Dominican Parade–Use of Campagnone Common Park on August
28th, 2011 from noon time to 9:00 p.m.-Ord. Cmt. – Withdrawn
from the Ordinance Committee in the form of a motion to accept the report presented
which was seconded by Councilor Maldonado and unanimously [8-0] accepted by the
Council Members present [Councilor Rivera being absent from the Council Chamber at
the time the vote was recorded].
Upon being granted the floor, Councilor Almonte moved to withdraw the item
presented. The motion was seconded by Councilor Laplante and the Council Members
present voted unanimously [8-0] to withdraw the item from the Council Agenda.
[Councilor Rivera being absent from the Council Chamber at the time the vote was
recorded].
Doc. 156/11: Disclosure of Financial Interest by Municipal Employee –
The motion was seconded by Council Vice President Silva and unanimously [9-0]
435
XII. WITHDRAWALS:
Doc. 75/10: School Transportation Contract – Budget and Finance Cmt.Withdrawn
Upon being recognized by Council President Moran, Councilor Rivera presented
a motion to withdraw the item pending before the Budget and Finance Committee from
the City Council Agenda as recommended. The motion was seconded by Councilor
Almonte and unanimously [9-0] withdrawn by the Council Members present.
Doc. 232/10: Establishment of Revolving Fund – various departments – Budget and
Finance Cmt. – Withdrawn
Upon being recognized, Councilor Rivera presented a motion to withdraw the
item pending before the Budget and Finance Committee from the City Council Agenda as
recommended. The motion was seconded by Councilor Almonte and unanimously [9-0]
withdrawn by the Council Members present.
Doc. 395/10: Information Technology Department – Prior Year Invoices – Budget
and Finance Cmt. – Withdrawn
recommended. The motion was seconded by Councilor Twomey and unanimously [9-0]
436
Doc. 64/11: Planning and Economic Development Office – discussion of relocation,
rent, bid process, etc. – Budget and Finance Cmt – Withdrawn
recommended. The motion was seconded by Councilor Aquino and unanimously [9-0]
Doc. 67/11: FY 2012 Police and Fire Budgets – Budget and Finance Cmt.Withdrawn
recommended. The motion was seconded by Councilor Almonte and unanimously [9-0]
Doc. 116/11: FY 2011 – End of Year Budget Votes – Budget and Finance Cmt.Withdrawn
recommended. The motion was seconded by Councilor Maldonado and unanimously
[9-0] withdrawn by the Council Members present.
XIII. OLD BUSINESS:
Doc. 58/11: Zoning Change – Jacques Pond – from OSR to OSR [Conservation] –
placing a restrictive covenant – Counc. Bernal - Tabled
437
Upon being granted the floor, Councilor Bernal discussed the prior proceedings in
this matter which the approval was voted upon by the Council Members with the
understanding that a restrictive covenant would be drafted and recorded to limit
“parking” in the newly designated conservation area. She stated that there does not
appear that the document suitable for recording has not yet been drafted and it is
suggested that the matter be referred to the City Attorney for review and drafting a
document that will achieve the desired restriction. She stated that the item should be
tabled until that time and presented a motion to table the item. The motion was seconded
by Councilor Rivera and the Council Members present voted unanimously [9-0] to table
the item.
Doc. 58/11: Tabled
Doc.18/11: Parking – near the driveways of 341 and 343 South Broadway – No
parking signs – Councilor Bernal – Tabled
that the item was previously approved by vote of the City Council. She stated that
although Officer Scanlon corrected measured the proper locations for placing signage for
the resident of the location, the location is not accurately placed according to the resident.
Councilor Bernal suggested that a new document number be issued and be referred to the
Ordinance Committee for further proceedings to allow proper measurements to be
presented for further consideration of approval at a future date.
At the request of Council President Moran, the Clerk assigned the next document
number [Doc. 171/2011] to this item with the same title which was then referred to the
438
Councilor Almonte moved to table Doc. 18/2011 until further proceedings are
necessary. The motion was seconded by Councilor Maldonado and unanimously
Doc.18/11: Tabled
Upon being recognized, Councilor Rivera presented a motion to suspend the
adding the item to the Agenda. The motion was seconded by Councilor Maldonado and
unanimously [9-0] approved by the Council Members present. Council President Moran
referred the item as follows.
Doc. 171/11: Parking – near the driveways of 341 and 343 South Broadway –
No parking signs – Councilor Bernal – Ref. to Ord.
Councilor Maldonado presented a motion to remove the item from the table which
was seconded by Councilor Rivera and unanimously approved by the Council Members
present [9-0].
Doc. 139/11: Misuse of Funds – legal options – Comptroller David Camasso & City
Attorney Charles Boddy – presence requested – Counc. Maldonado – Letter to
Comptroller Camasso and City Attorney/Tabled
Upon being recognized, Councilor Maldonado provided a brief history of the item
for the Council Members and stated that a letter be authorized to request the attendance
of City Attorney Boddy and Comptroller Camasso before the City Council at its next
meeting in order to obtain information regarding the status of this matter and to consider
information that may be presented. Councilor Maldonado’s motion for issuance of a
letter of invitation to Attorney Boddy and Comptroller Camasso was seconded by
Councilor Laplante and unanimously approved [9-0] by the Council Members present.
439
Councilor Maldonado moved to “table” the item until further proceedings are
necessary. The motion was seconded by Councilor Rivera and unanimously approved
Doc. 139/11: Tabled
status on this property and update on back taxes – Tabled
Upon being granted the floor, Councilor Laplante read a letter from Tax Collector
Patricia Cook regarding the out standing taxes on the property.
Upon being granted the floor, Councilor Rivera suggested that the information
regarding the current owner may not be accurate. He stated that the assessors office
sometimes may take as long as a year to update the owner and tax status after property is
transferred.
Upon being granted the floor, Councilor Laplante stated that he would like to see
a financial update and a more current summary listing correctly identifying the new
owner of the property and a statement of the current taxes due.
A discussion ensued among the Council Members regarding the report provided
and the amount of taxes outstanding against the property.
Upon no further inquiry, comment or discussion, Councilor Laplante moved to
table the measure. The motion was seconded by Councilor Almonte and the Council
440
Members present voted unanimously [9-0] to table document 287/10.
Doc. 287/10: Tabled
Upon being granted the floor, Councilor Twomey presented a motion to send a
letter to the Personnel Director Frank Bonet regarding Doc. 179/11 to request information
and documents concerning Mark J. Ianello, the applicant recommended by Mayor
Lantigua to fill the position of Finance Director. Councilor Twomey stated that the
request should state that the information requested extends to all other applicants for the
position be provided by Director Bonet as well. The motion was seconded by Councilor
Almonte and the Council Members present voted unanimously [9-0] to forward a letter to
the Personnel Director Bonet requesting his attendance at the Personnel Committee
Meeting to be held on August 30, 2011 and to provide applications and documents of
candidates for the Finance Director position.
XIIII. TABLED MATTERS:
22/10:
355/10: Lawrence Street – closing between Haverhill and Lebanon Streets at the time of
Lawrence High School building on Haverhill Street – (School days From 2:30
p.m. to 3:00 p.m.)
34/11:
441
139/11: Misuse of Funds – legal options – Comptroller David Camasso & City Attorney
Charles Boddy – presence requested – Counc. Maldonado
XV. NEW BUSINESS:
165/11: Acceptance of Real Property on Broadway in Lawrence for purposes of
constructing a Community Center – City Attorney Charles D. Boddy –
Ref. to Housing
166/11: Guilmette School – update on construction and lawsuits – Counc. Rivera
167/11: Tax Amnesty – review, update and report – Councs. Rivera and Bernal
168/11: Drinking Water for the City of Lawrence fluoride to be added – William
Vega – Ref. to Ord.
169/11: Stop Sign – (4-way) – Tower Hill Street and Oregon Avenue – Counc.
Aquino – Ref. to Ord.
172/11: Iglesia Monte de Oracion – request permission to use the South Union
Common Park on September 10, 2011 and the Howard Park on Lawrence
Street on September 17, 2011 for religious preaching – Danny Ramirez –
Ref. to Ord.
175/11: Department of Public Works Director Search – update and status – Counc.
Rivera – Ref. to Personnel
176/11: Civil War Memorial Guard – request permission to use the Campagnone
Common Park for their 9th Annual Event Weekend on September 23rd to
September 25th, 2011 – Elizabeth M. Charlton – Ref. to Ord.
178/11: A Season of Prayer for the City of Lawrence – request permission to use the
Campagnone Common Park (around the Robert Frost Fountain) on
Monday, September 26, 2011 from 7:00 p.m. to 8:00 p.m. for a Prayer Service –
Peter Larocque – Ref.to Ord.
179/11: Appointment - Budget and Finance Director – Mark J. Ianello –
recommendation – Mayor Lantigua – Ref. to Personnel
442
XVI. ADJOURNMENT:
Almonte, the Council Members present voted unanimously to Adjourn.
ADJOURNED
(10:10p.m.)
Attest:
William J. Maloney
City Clerk
443
DATE: Tuesday, September 6, 2011
A REGULAR MEETING of the City Council was held on Tuesday, September
6, 2011 at 7: 06 p.m. in the City Council Chamber with all Members present. Council
Vice President Silva arrived at 7:25 p.m.
Approximately Thirty [30] persons were present.
of City Council Meetings conducted August 23, 2011 were submitted by the City Clerk
accept the minutes. [Council Vice President Silva was absent for the vote]
Homayoun Maali, 53 Chester Street, Lawrence, MA commented on the
importance of the 2011 Elections. He discussed recent road repairs and re-pavement by
Public Works Department which noticeable improves the City.
444
[Tuesday, September 6, 2011]
Richard Russell, 34 Cross Street, Lawrence, MA asked about what happened at
the Eagle Tribune on Monday. He quoted from the P.F. Sloan song asking the Council
Members [rhetorically] “Where were you when I needed you”.
Dick Blatchford, 3 Harrison Street, Lawrence, MA commented on Personnel
Director Frank Bonet’s recent response to City Council Vice President Silva’s request for
information concerning applicants for the position of Finance Director at the recent
Personnel Committee Meeting. He commented on the information sought by the
standard application forms being used by the City Personnel Office and suggested that
they needed to be updated.
Modesto Maldonado, 115 Spruce Street, Lawrence, MA [District C City
Councilor] commented that his term as a Member of the City Council will be expiring
with the upcoming election since he is not a candidate for re-election. He commended
his fellow Council Members with their vigilance over issues of concern to the taxpayers
of the City. Councilor Maldonado stated that the efforts and hard work of Council
President Moran, Councilor Rivera [as Chairman of the Budget and Finance Committee]
and Councilor Bernal [as Chairman of the Ordinance Committee] have had the best
possible result in all matters presented to the Council for their determination.
Doc.186/11: Resolution – Lawrence Pathfinder Club – Los Pioneros – Council Pres.
Moran – Presented
445
Members present and presented the Resolution to the Lawrence Pathfinder Club.
Doc.172/11: Iglesia Monte de Oracion – request permission to use the South Union
Common Park on September 10, 2011 and the Howard Park on September 17, 2011
for religious preaching – Ord. Cmt.- Approved
from the Ordinance Committee in the form of a motion to approve Iglesia Monte de
Oracion – request permission to use the South Union Common Park on September 10,
2011 and the Howard Park on September 17, 2011 for religious preaching, which was
duly seconded by Councilor Almonte and unanimously [8-0] approved by Council
Members present [Council Vice President Silva being absent from the Council Meeting at
unanimously approved by the Council Members present [8-0]. [Council Vice President
Silva being absent from the Council Meeting at the time the vote was recorded].
446
Doc.176/11: Civil War Memorial Guard – request permission to use the
Campagnone Common Park on September 23rd through
September 25, 2011 for their 9th Annual Event Weekend – Ord. Cmt. – Approved
The motion was seconded by Councilor Almonte and unanimously [9-0] approved by
Council Members present. [Council Vice President Silva arriving at 7:25 p.m. with her
vote being recorded on this item].
Doc.178/11: Season of Prayer for the City of Lawrence – request permission to use
the Campagnone Common Park (around the Robert Frost Fountain) on Monday,
September 26th, 2011 from 7:00 p.m. to 8:00 p.m. – Ord. Cmt.- Approved
from the Ordinance Committee in the form of a motion to approve the petition as
presented. The motion was duly seconded by Councilor Almonte and unanimously [9-0]
approved by Council Members present.
Doc. 149/11: Fire Chief Position - revision of ordinance 2.36.010 – Ord. Cmt. &
447
seconded by Councilor Rivera.
Upon being granted the floor, Council Vice President Silva stated that because
she wanted to be consistent in her position not to support the matter presented, she will be
voting against an order for public hearing in this instance.
voted as follows to enter an order for a Public Hearing on the matter. Yes-8; No-1
Councilor Almonte- Yes
Doc. 179/11: Appointment – Budget and Finance Director – Mark J. Ianello – Pers.
Cmt. - Approved
At the request of Council President Moran, Councilor Twomey presented the
report from the Budget & Finance Committee in the form of a motion to accept the report
as presented. The motion was seconded by Councilor Almonte and the Council Members
present voted unanimously [9-0] to accept the report of the Budget & Finance Committee
as presented.
item presented which was seconded by Councilor Almonte.
448
Upon discussion, Councilor Rivera thanked the Personnel Committee for
expediting this matter and also thanked the Mayor’s Office and the applicant for their
diligence and patience.
Upon being granted the floor, Councilor Twomey commented that the interview
process before the Personnel Committee went well and thanked the Committee for their
diligence and hard work.
Upon being granted the floor, Councilor Bernal stated she supports the applicant
based on a review and comment provided by other cities and town officials and workers
who provided favorable references concerning the applicant.
Council President Moran asked Mayor Lantigua for his comments on the
recommendation. Mayor Lantigua asked to defer his comments until after the vote of the
Council Members. Council President Moran stated that he would honor the Mayor’s
request.
Upon being granted the floor, Councilor Laplante posed questions to Mr. Ianello
[the applicant] regarding the many serious public safety issues facing the City of
Lawrence as they relate to financial funding and allocation of such funding. Mr. Ianello
stated that if hired as the City’s “Financial Director” he does not make policy decision
which are reserved to those in authority to make such decisions. He stated that his
position requires that he make decisions related to financial matters and that the priority
of decisions regarding funding and allocation belong to the Executive and Legislative
Branches of Municipal Government in this instance. Councilor Laplante posed questions
449
about issues that may arise and conflict with established policy. Mr. Ianello stated the
policy decisions regarding the use and applications of funds is a function of the
Executive. He commented that decisions to use reserve funds that may be available for
public safety emergencies is a decision he may favor, but such decisions are for the
Legislative Branch. Councilor Laplante thanked the candidate and Mr. Nunes for their
assistance in the selection process.
Upon being granted the floor, Councilor Maldonado asked Mr. Ianello if there is
anything he takes from his prior position in Springfield that may benefit a position as
Finance Director in Lawrence with particular reference to his experience with oversight
of a control board implemented in Springfield. Mr. Ianello discussed implementation of
financial practices through the oversight of a control board and the impact that such a
board had on the financial operations in Springfield.
Council President Moran stated that he and other Council Members have
reviewed the application and background of Mr. Ianello very closely and it appears that
Mr. Ianello is an experienced candidate who may be well suited for the position of
Finance Director in Lawrence. He thanked Mr. Ianello for his interest in the position and
his patience through the application and interview process.
presented. Upon a motion to approve the measure as presented by Councilor Rivera and
450
to approve the appointment of Budget and Finance Director to Mark J. Ianello as
recommended.
Upon being granted the floor, Mayor Lantigua stated that the approval of Mr.
Ianello confirms a very favorable appointment recommended by his Office. He stated
that the recommendation of Mr. Ianello is a result of the actions of people within
Lawrence and others outside Lawrence who are thoughtfully “watching over us”. He
stated that the efforts of Mr. Leonard Degnan were instrumental in assuring the financial
order of the City of Lawrence was properly and addressed. He thanked Mr. Degnan for
his hard work with finances during the time he was working with the City.
VII. WITHDRAWALS:
Doc. 12/11: Appointment – Budget and Finance Director – Pers. Cmt. – Withdrawn
At the request of Council President Moran, Councilor Twomey informed the
Council Members that the above item was presented for consideration of withdrawing the
item from the Council Agenda stating the measure was not longer necessary due to the
approval of Mr. Ianello as the Budget Director this evening. Councilor Twomey
presented the matter in the form of a motion to withdraw the item which was seconded by
Councilor Almonte and unanimously [9-0] approved for withdrawal by the Council
Members present:
IX. TABLED MATTERS:
451
Councilor Rivera presented a motion to remove Doc. 177/11 from the table which
Doc. 177/11: Recall Petition – Report of City Clerk – Council Pres. Moran –
Withdrawn
Upon being granted the floor, Councilor Rivera asked the City Clerk to provide
information concerning the results of the recent Board of Registrar meeting conducted on
August 25, 20111. City Clerk Maloney informed the Council Members that the Board of
Registrars met on August 25, 2011 at 5:00 in public session to review Objections
requested of the proponents and opponents of the recent recall petition for the recall of
Mayor Lantigua. He reported that the Board of Registrars voted to affirm its findings of
August 12, 2011 that 4,366 voter signatures appearing on the recall petitions submitted
were validated and this amount being insufficient to support further action which required
5,232 signatures. Upon further inquiry by Councilor Rivera, the City Clerk commented
that neither the proponents or opponents filed an “objection” to the original finding of
August 12, 2011 and the Board entered its decision on August 25, 2011 based upon the
information and record presented. The City Clerk stated that due to the lack of sufficient
signatures presented, it appears that the recall petition in this matter requires no further
action pursuant to the City Charter. He suggested that if any further action is required by
the City Council that information and advice should be obtained from the City Attorney.
Upon inquiry by Council President Moran, City Attorney Boddy informed the
Council Members that the confirmation of the Board of Registrars that the lack of
452
sufficient signatures necessary to support the recall petition effort concludes the matter
without further action of the City Council.
Upon no further inquiry, comment or discussion Councilor Twomey moved to
withdraw the item. The motion was seconded by Councilor Almonte and the Council
Members present voted unanimously [9-0] to withdraw the item.
Councilor Maldonado presented a motion to remove Doc. 139/11 from the table
which was seconded by Councilor Rivera and unanimously approved by the Council
Attorney Charles Boddy– presence requestedAt 8:05 p.m. Councilor Maldonado presented a motion to close the regular session
of the City Council Meeting and convene in executive session due to reasons that the City
Council would be discussing matters pertaining to on-going litigation and possible future
litigation strategy of the City of Lawrence. The motion was seconded by Councilor
Almonte and unanimously approved as follows by roll call vote. Yes-8; No-0; Absent-1
Councilor Bernal - Absent
453
EXECUTIVE SESSION OF THE LAWRENCE CITY COUNCIL
DATE: Tuesday, September 6, 2011
[8:05 p.m. – proceeding held in Executive Session –of June 21, 2011]
Attorney Charles Boddy– presence requestedALL REQUESTS TO OBTAIN A COPY OF ALL EXECUTIVE SESSION
MINUTES MUST BE PRESENTED IN WRITING AND SIGNED BY THE
PERSON REQUESTING THE DOCUMENT.
PLEASE FORWARD ANY REQUEST TO THE OFFICE OF THE CITY CLERK,
ATTN: CITY CLERK, 200 COMMON STREET, LAWRENCE, MA 01840]
[8:44 pm – the Executive Session was terminated
and the Members of the Lawrence City Council returned to the regular session of
the Lawrence City Council meeting]
Upon motion of Councilor Maldonado which was seconded by Councilor Rivera
the Council Members present voted unanimously [9-0] by roll call vote to terminate the
Executive Session proceedings and reconvene the public meeting session of the
Lawrence City Council meeting at 8:44 p.m. as follows:
Councilor Almonte -Yes
Council Vice President Silva -Yes
454
Upon being granted the floor, Councilor Almonte moved to “table” Doc. 139/11.
The motion was seconded by Councilor Maldonado and the Council Members present
voted unanimously [9-0] to table the item.
Doc.139/11: Tabled
Councilor Laplante presented a motion to remove Doc. 351/11 from the table
which was seconded by Councilor Maldonado and unanimously approved by the Council
Doc. 351/10: Police – update – Letter/Tabled
Upon being granted the floor, Councilor Laplante stated he is having difficulty
obtaining information regarding criminal statistics for the City of Lawrence from the
Lawrence Police Department. He stated that the information was previously provided
directly from the Office of the Chief of Police but recent requests are being deferred by
the Police Department stating that the information has to come from the Mayor’s Office.
He stated the information requested is available and asked that the Council formally
request the information from the Mayor’s Office and the Police Department. Councilor
Laplante then presented a motion to send a letter to the Mayor Lantigua and Lawrence
Police Chief John Romero requesting that they appear at the next meeting of the
Lawrence City Council and that the crime statistics for FY 2010 and FY 2011 be
provided to each Council Member in sufficient advance of the next City Council Meeting
to allow for a meaningful review of the material. The motion was seconded by Council
455
Vice President Silva and the Council Members present defeated the motion as follows:
Yes-3; No-6
information concerning crime statistics in the City of Lawrence should be disclosed
directly from the Police Department without having to be approved or filtered through the
Mayor’s Office.
Council President Moran stated he was unaware of the difficulty obtaining the
information about crime from the Police or the Mayor’s Office. A discussion ensued
between Councilor Maldonado and Councilor Laplante regarding the requested
information and how requests are treated through the Office of the Mayor.
Upon continuing, Council Vice President Silva expressed her displeasure as to the
recent comments the Mayor has made about Chief Romero and stated that it is a
continuation of disrespect for the authority of the Police Department from the
Administration.
Upon being granted the floor, Councilor Rivera stated that although he believes
that criminal statistical information should be provided without delay to any Council
Member, he also believes that a presentation of the information by the Chief of Police or
456
the Mayor is not necessary. He stated that their personal appearance on such a matter
doesn’t add anything to the quality or integrity of the statistics and their appearance may
cause others to orchestrate an atmosphere that will focus on matters other than the
information and public safety issues the Council needs to consider and address.
Upon being granted the floor, Council Vice President Silva clarified that
Lawrence Police Chief Romero should be required to be present before the City Council
on this matter because the recent increase in crime and violence has cause the safety of
the public to become a matter of concern to the public which the Council Members must
address.
Upon being granted the floor, Councilor Rivera stated that Chief Romero provides
information to the public consistently at neighborhood meetings and other forums upon
request and without hesitation. He stated that brining the subject matter to the City
Council may be inappropriately perceived and handled.
Upon being granted the floor, Councilor Laplante disagreed and stated that the
appearance of Police Chief Romero would help the public obtain a greater understanding
of the issues facing the Lawrence Police and how the safety of the public is being
protected.
Council President Moran affirmed that the Membership of the City Council is
always available to each Council Member seeking assistance and information to represent
their constituents.
Upon being granted the floor, Councilor Rivera stated that the information
concerning criminal statistics and activity in Lawrence is important to obtain and review
457
in order to assist and inform business owners about crime and its impact in the City.
However, the information should not be used to fuel the fire of negativity which will only
serve to negatively impact all businesses in Lawrence and should be avoided. Councilor
Rivera presented a motion to send a letter to Mayor Lantigua and Chief Romero
requesting that information regarding criminal statistics for FY 2010 and FY 2011 be
forwarded to the City Council. The motion was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Almonte informed the Council Members
that she usually obtains the information about criminal statistics by e-mail from the
Lawrence Police Department.
Upon no further inquiry, comment or discussion and the Council Members
present voted unanimously [9-0] to send a letter to Mayor Lantigua and Chief Romero
requesting that the crime statistics for FY 2010 and FY 2011 be provided to the City
Council Members before the next City Council Meeting to allow the Council Members
the opportunity to review the information provided.
Upon being granted the floor, Councilor Almonte moved to table the item. The
motion was seconded by Councilor Laplante the unanimously [9-0] approved by the
table which was seconded by Councilor Almonte and unanimously approved by the
Doc. 34/11: Transient Vendor License – Orlando Lopez – 103 Bellevue Street Withdrawn
458
Council Vice President Silva stated that she was in contact with the applicant and
has asked to remove the item from the City Council Agenda. She then moved to
withdrawn the item. The motion was seconded by Councilor Maldonado and
22/10:
287/10:
323/10:
351/10:
355/10:
120/11:
139/11:
18/11:
58/11:
Merrimack Paper Mill-Chief of Staff Leonard Degnan to provide status on
Police – update
Attorney Charles Boddy – presencerequested – Counc. Maldonado
Parking – near the driveways of 341 and 343 South Broadway – No
parking signage – Counc. Bernal
Zoning Change – Jacques Pond – from OSR to Conservation –Counc.
Bernal
X. NEW BUSINESS:
174/11 Use of Hookah – in bars and clubs – Counc. Almonte – Ref. to Ord. Cmt.
180/11 TIPS Certification for pour licenses – Counc. Almonte –Ref. to Ord. Cmt.
181/11 Second Hand Dealer License – Flerida Valdez – 390 Essex Street,
182/11 Transient Vendor License – Julio Valdez, Jr. – 65 Springfield Street,
459
183/11 Election Billing – confirmation notices – request to pay FY 2011 Bill –
Elections [010620-5343] – William J. Maloney, City Clerk – Ref. to
Budget & Finance Cmt.
184/11 Transient Vendor License – Julio Valdez, Sr. – 332 Broadway Street,
185/11 Appointment – Department of Public Works Director – John Isensee –
recommendation – Mayor Lantigua – Ref. to Pers. Cmt.
ITEMS ADDED AT THE MEETING
Upon being recognized, Councilor Rivera presented a motion to suspend the
adding the item to the Agenda. The motion was seconded by Councilor Maldonado and
unanimously [9-0] approved by the Council Members present. Council President Moran
referred the matter to the Budget & Finance Committee.
187/11: JSB Industries – Ref. to Budget & Finance
XI. ADJOURNMENT:
Maldonado, the Council Members present voted unanimously to Adjourn.
ADJOURNED
(09:10p.m.)
Attest:
William J. Maloney
City Clerk
460
DATE: Wednesday, September 21, 2011
A REGULAR MEETING of the City Council was held on Wednesday,
September 21, 2011 at 7: 07 p.m. in the City Council Chamber with all Members
present. Councilor Maldonado arrived at 7:11 p.m.
Approximately Eighteen [18] persons were present.
of City Council Meetings conducted September 6, 2011 were submitted by the City Clerk
accept the minutes. [Councilor Maldonado was absent for the vote]
Francis Cialek, 260 South Union Street, Lawrence, MA spoke favorably about
the St. Alfio’s Society event regularly held. He stated that more people should vote in
Lawrence and spoke in support of the Lawrence High School Lancers and John Isensee.
461
[Wednesday, September 21, 2011]
Richard Russell, 34 Cross Street, Lawrence, MA asked if city workers were paid
when handing out campaign literature yesterday.
Councilor Bernal, District E City Councilor, 257 Mt. Vernon Street, Lawrence,
MA, in her capacity as a trustee of the White Fund invited the public to view the display
of its painting at the Museum of Fine Arts on Oct. 12, 2011.
Upon conclusion of the public participation portion of proceeding, Councilor
Rivera moved to take document 190/11 out of the order appearing on the agenda. The
motion was seconded by Councilor Almonte and unanimously approved by the Council
Doc.190/11: Proclamation – Anna Songalo – Centennial Celebration –
Counc. Twomey – Presented
Council President Moran recognized Councilor Twomey who presented the
Proclamation to Anna Songalo celebrating her birth at age 107.
Doc.191/11: Resolution – Francisco Urena – Lawrence’s Veterans’ Affairs Director
– Councilor Laplante, Councilor Bernal & Councilor Rivera – Presented
Members present. Councilor Laplante along with the assistance of Councilor Bernal and
Councilor Rivera presented the Resolution to current Lawrence Veteran’s Affairs
462
Director Francisco recounting his military service in the United State Marines, his work
as the Director of Veteran’s Affairs in Lawrence, and his recent employment as the
Commissioner of Veterans Affairs in Boston, Massachusetts.
Director Francisco Urena addressed and thanked the City Council Members for
the honorarium and being allowed the opportunity to assist Veterans in Lawrence as the
Veteran’s Affairs Director.
Doc.185/11: Appointment – Department of Public Works Director – John Isensee Pers. Cmt. – Defeated
report from the Personnel Committee in the form of a motion to send the item to the full
Council to approve the item presented, as seconded by Councilor Almonte.
Upon being granted the floor, Councilor Rivera offered favorable comments
concerning Acting Public Works Director John Isensee who is being recommended for
the vacant Director of Public Works Position with the City of Lawrence. Councilor
Rivera commented that the position requires the Public Works Director to be obtain a
water safety license to hold the position. He stated that it is essential for anyone
occupying this position to obtain “on the ground” training in addition to all required
technical qualifications. Councilor Rivera stated that the recommendation for
463
appointment should not have been approved and the Mayor’s Office should be asked to
forward a recommendation of someone whose qualifications are consistent with the
ordinance requirements for the position.
Upon being granted the floor, Councilor Twomey read from a statement
submitted in support of Mr. Isensee and reviewed aspects of Mr. Isensee’s skills and
abilities as Public Works Director. He stated he supports Mr. Isensee for the position of
Public Works Director.
Upon being granted the floor, Councilor Maldonado commented that he essentials
of a candidate for any department head position are as follows: (1) experience; (2)
management skills; and, (3) demonstrable educational ability. He stated that the most
important aspect for any candidate is to possess good management skills - particularly in
the current financial circumstances.
Upon being granted the floor, Councilor Laplante stated that although he believes
Mr. Isensee possesses tremendous skill and ability, he is troubled by the recommended
candidate’s lack of licenses that the position requires by ordinance. He stated that he
cannot support Mr. Isensee for this reason and because it will appear as a patter that the
Council approves candidates to position without sufficient qualification.
Upon being granted the floor, Councilor Twomey suggested that Mr. Isensee be
allowed to present and comment on his management skills before the Council.
Upon being granted the floor, Councilor Maldonado posed questions to Mr.
Isensee about strategy and plans developed as Acting Public Works Director. He
informed the Council that as Acting Director Isensee he oversaw plans and managed
464
street and sidewalk repairs most recently implemented. He stated that issues regarding
man power resources have developed more acutely over the course of his tenure.
Councilor Maldonado commented that because of issues concerning the lack of
resources caused by recent economic difficulties, the candidate most appropriate for the
position would demonstrate the ability to work around such issues which are a problem
that is reflected in all City Departments. Councilor Maldonado continued to inquire
about matters relating to operation of the Water Department and Inspectional Services.
Mr. Isensee responded by stating he is currently developing improvements to services
provided the public by the Water and Sewer Department as well as improved trash
removal and disposal system.
Upon being granted the floor, Councilor Bernal commented that Mr. Isensee’s
responsiveness to problems and issues as they are reported to him is exemplary. She
stated that his ability “on the job” should not diminish the importance of the established
requirements of the position as provided by the City Ordinances. She suggested that the
City of Lawrence has employed directors who proved to be excellent despite past lack of
qualification by ordinance. Councilor Bernal suggested that the ordinance should be
amended in face of such circumstances.
Upon being granted the floor, Councilor Almonte stated that Mr. Isensee may not
be tailored for the position in accord with the City Ordinance requirements but also
suggested that some reasonable action be taken.
Upon being granted the floor, Councilor Laplante suggested withdrawing the
measure. A discussion ensued among the Council Members regarding the effect of the
465
withdrawal upon the measure presented and applicable requirements for certain action to
be taken by the Council Members in accord with the City Charter.
Council President Moran stated the “final action” on the measure requires the City
Council to vote to accept or reject the recommendation presented. He discussed the
application of the ordinance requirements for the pending position and its impact and
reflection upon the recommendation and approval process. Council President Moran
stated that to continue the approval process would be unfair to Mr. Isensee.
Upon being granted the floor, Councilor Laplante reviewed City Charter sec.
3.7(a) suggesting that a withdrawal of the measure may be considered sufficient “action”
to satisfy the City Charter requirement.
Upon being granted the floor, Councilor Maldonado stated that a candidate who
meets the required qualifications outlined by the City Ordinance should be recommended.
presented. Upon a motion to approve the measure presented by Councilor Twomey, as
seconded by Councilor Almonte, the Council Members present defeated the motion to
approve John Isensee as Public Works Director as follows: Yes-4; No-5
Councilor Aquino – Yes
466
Council Vice President Silva – Yes
Doc.185/11: Defeated
V. PUBLIC HEARINGS:
Doc.149/11: Fire Chief Position - revision of ordinance 2.36.010 – Public
Hearing held - Approved
Council Members.
Richard Russell, 34 Cross Street, Lawrence, MA posed questions about the
qualifications provided in the proposed ordinance. He stated his concern is that the
position is not given to a political “hack”.
Upon further discussion or comment offered by anyone present, Council President
approve the item presented, as seconded by Councilor Bernal.
467
Upon being granted the floor, Councilor Twomey stated he does not support the
ordinance because of the action taken in earlier sessions which removed the position from
Civil Service qualification requirements.
support the proposed amendment.
Upon being granted the floor, Councilor Bernal discussed the concept of Civil
Service removal of the Fire Chief from Civil Service and approval of a new ordinance.
She stated her support for the amended ordinance.
Upon being granted the floor, Councilor Laplante commented about the removal
of the Fire Chief position from Civil Service and proposed amending Section “C” of the
proposed ordinance to require “5 Years” of supervisory experience rather than four years
as proposed. Councilor Maldonado stated that the accepts the amendment.
Council Members present voted as follows to approve the measure. Yes-6: No-2;
Absent –1 [Councilor Almonte being absent from the Chamber at the time the vote was
recorded]:
468
VI: Communication from Mayor, City Officials & City Attorney:
Doc.188/11: NECC’S Construction Site on Common Street – update and timeline –
Council Pres. Moran - Tabled
Lane Glenn, President of Northern Essex Community College [hereinafter
referenced as NECCO] appeared with Attorney Joseph Edwards [Counsel to NECCO]
and provided an update of the demolition time line and proposed construction informing
the Council Members that demolition of the existing In Town Mall area should be
complete by December 2011 with construction beginning in the spring of 2012. He
stated that occupancy of the new campus is presently scheduled for 2013.
Attorney Joseph Edwards addressed the Council Members commenting on the
favorable aspects of the proposed new construction.
Council President Moran posed questions to Mr. Glenn about the architectural
rendition presented of the proposed new construction. He asked Mr. Glenn who
confirmed the timeline presented as being realistic and an expected timeline. Council
President Moran discussed proposed plans to use and develop the former Park/Audi
building site on Franklin Street.
Upon being granted the floor, Councilor Rivera commented about the favorable
impact of NECCO on the Lawrence Community. He posed questions about the
construction its appearance upon completion.
469
Upon being granted the floor, Councilor Laplante commended the work of the
three Council Members presently sitting with this season of Council, and the Sullivan
Administration for initiating the project and discussed the positive aspects of NECCO
expansion upon the Lawrence Community and its future advancement.
Upon being granted the floor, Councilor Maldonado discussed the progress of the
project over the course of several years.
Upon no further inquiry, discussion or comment Councilor Rivera presented a
motion to table the item. The motion was seconded by Councilor Almonte and the
Council Members present voted unanimously [9-0] to table doc. 188/11.
Doc.188/11: Tabled
Doc. 140/11: Woodard & Curran, Inc. – 5year Water Treatment Plant Contract –
Ord. Cmt. – Remove/Recommit to B & F
of the Ordinance Committee to remove the measure presented from further proceedings
before the Ordinance Committee and to recommit the matter to the Budget & Finance
Committee for any action it may deem necessary. The report was presented in the form of
a motion, seconded by Councilor Rivera and the Council Members present voted to
approve the removal and recommitment of the measure as follows: Yes-8; Abstain -1
Councilor Laplante - Abstain
470
Doc. 140/11: Remove/recommit to Budget and Finance Committee
Doc.180/11: TIPS Certification for pour licenses – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to approve TIPS Certification for
pour licenses. The motion was seconded by Councilor Maldonado unanimously [9-0]
Doc. 182/11: Transient Vendor License – Julio Valdez Gonzalez – 63 Springfield
Street – Ord. Cmt. – Approved
from the Ordinance Committee in the form of a motion to accept the report of the
Ordinance Committee. The motion was seconded by Councilor Almonte and
unanimously [9-0] approved by the Council Members present to accept the report as
presented.
Councilor Bernal moved to approve the petition as presented which was seconded
by Councilor Maldonado and unanimously [9-0] approved upon by Council Members
present.
Doc.184/11: Transient Vendor License – Julio C. Valdez, Sr. – 63 Sprinfield Street –
Ord. Cmt. - Approved
from the Ordinance Committee in the form of a motion to accept the report presented.
471
The motion was seconded by Councilor Almonte and unanimously [9-0] approved by the
Council Members present to accept the report presented.
Councilor Bernal moved to approve the petition as presented which was seconded
by Councilor Aquino.
Council President Moran posed questions to the applicant regarding the number
of commercial vehicles being operated in this business.
Upon being recognized, Councilor Bernal informed the applicant that a
commercial vehicle is required to be parked in a commercial lot when not in service.
The applicant stated that he rents a commercial space in a commercial zone and still
receives violation citations. A discussion ensued between the applicant and Council
Members regarding matters pertaining to the business operation.
voted unanimously [9-0] to approve the petition as presented.
Doc.184/11: - Approved
Doc.187/11: J.S.B. Industries, Inc. – waiver of Industrial Development Bond –
Budget and Finance Cmt. –
of the Budget and Finance Committee to accept the report of the Committee and to
approve the measure. The motion was seconded by Councilor Maldonado and
unanimously approve by the Council Members present.
[Councilor Laplante excused himself from the meeting at 8:51 p.m.]
472
Upon being granted the floor, Councilor Rivera discussed the purpose of the
petition which requested a waiver which would amend a TIF incentive petition approved
by the Council Members earlier in the legislative session.
Upon being recognized. Frank O’Connor, Community Development Manager,
provided the Council Members with additional information concerning the request
presented for approval.
Upon no further inquiry, comment or discussion Councilor Rivera presented a
motion to approve the item. The motion was seconded by Councilor Maldonado and
Doc.187/11:
VII. WITHDRAWALS:
Doc.208/08: Water Department Land – Future Use/possible OSR – Ord. Cmt.Withdrawn
The motion was seconded by Councilor Maldonado and Council Members present voted
unanimously [8-0] to withdraw the matter from the City Council Agenda:
Doc. 271/09: Vacant Lots – illegal dumping sites – Ord. Cmt. – Withdrawn
473
The motion was seconded by Councilor Almonte and Council Members present voted
Doc. 282/10: City of Lawrence and Stephen Lisaukas – review of consulting
arrangement in between – Pers. Cmt. - Withdrawn
Council President Moran granted Councilor Twomey the floor for the purpose of
presenting matters concerning the withdrawal of pending matters before the Personnel
Committee. Councilor Twomey moved to withdraw the matter from the Council agenda.
Doc. 71/11: Fitz Street and Lawrence Street – No left turn from Fitz Street onto
Lawrence Street – Ord. Cmt. - Withdrawn
Doc. 73/11: Loading Zone – 295 Essex Street – Ord. Cmt. – Withdrawn
474
Doc.111/11: Church of Christ – request to use the North Common on August 20th,
2011 from 12:00 p.m. to 4:00 p.m. - Ord. Cmt. – Withdrawn
IX. TABLED MATTERS:
Doc.139/11: Misuse of Funds – legal options – Comptroller David Camasso & City
Attorney Charles Boddy – presence requested – Counc. Maldonado – Letter/Tabled
Upon being granted the floor, Councilor Maldonado presented a motion to send a
letter to the City Attorney and Comptroller to attend the next City Council Meeting
475
scheduled for October 4, 2011 to provide a report on any matter that may be reported.
The motion was seconded by Councilor Rivera and unanimously [8-0] approve by the
Upon being recognized, Councilor Almonte moved to re-table the item. The
motion was seconded by Councilor Rivera and unanimously [8-0] approved by the
Doc.139/11: Letter/Tabled
X. TABLED MATTERS:
22/10
287/10 Merrimack Paper Mill-Chief of Staff Leonard Degnan to provide status on
355/10 Lawrence Street – closing between Haverhill and Lebanon Streets at the
139/11 Misuse of Funds – legal options – Comptroller David Camasso & City
18/11 Parking – near the driveways of 341 and 343 South Broadway – No
parking signage – Counc. Bernal
58/11 Zoning Change – Jacques Pond – from OSR to Conservation –Counc.
Bernal
188/11 NECC’S Construction Site on Common Street – update and timeline –
Council Pres. Moran
XI. NEW BUSINESS:
476
189/11 Handicapped Parking – 246 Farnham Street – Maria DeLaCruz Ref. to Ord. Cmt.
192/11 Fulton Street – One-way requested – Rafaela Lopez – Counc. Almonte Ref. to Ord. Cmt.
193/11 Franciscan of Primitive Observance – request to use the Campagnone Common
Park on October 10th, 2011 from 12:30 p.m. to 9:00 p.m. for a Religious
Procession – Rev. Benedict Grant, F.P.O. – Ref. to Ord. Cmt.
194/11 Handicapped Parking – 275 Water Street – Council Pres. Moran Ref. to Ord. Cmt.
XII. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Rivera, the
ADJOURNED
(09:00p.m.)
Attest:
William J. Maloney
City Clerk
477
DATE: Tuesday, October 4, 2011
A REGULAR MEETING of the City Council was held on Tuesday, October
4, 2011 at 7: 06 p.m. in the City Council Chamber with all Members present except for
Councilor Rivera.
Approximately nine [9] persons were present.
of City Council Meetings conducted September 21, 2011 were submitted by the City
Clerk for consideration and acceptance of the City Council Members.
[8-0] to accept the minutes of September 21, 2011.
Council President Moran informed the Council Members present that the
Executive Session Minutes of the City Council Meeting held on September 6, 2011 were
Members.
Upon the motion of Councilor Almonte to accept the as presented duly seconded
by Councilor Aquino, the Council Members present voted unanimously [8-0] to accept
the Executive Session Minutes of the City Council Meeting held on September 6, 2011.
478
[Tuesday, October 4, 2011]
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke in favor of recent
public safety hirings and stated that even more public safety personnel are necessary for
the City of Lawrence. He also commented that the recent School Department report
reflected poorly upon the operation of the Lawrence Public Schools.
Richard Russell, 34 Cross Street, Lawrence, MA spoke favorably of the
recommendation to hire John Isensee as the Lawrence Director of Public Works and
stated that the Council should have approved the recommendation presented.
Doc. 196/11: Home Rule Petition – Long-term Substitute Teacher’s health
insurance and retirement – Mayor Lantigua – Ref. to Ord. Cmt.
Doc. 200/11: Request for Supplemental Appropriation-$7,000.00-Election
Division/Professional Services/Legal Services [010620-5300] – William J. Maloney,
City Clerk – Ref. to Budget & Finance Cmt.
479
Doc. 77/10 & 119/11: Parking – Brunswick House – (Essex, Jackson and Methuen
Streets) – review of parking issues – possibility of Resident Sticker Parking – Ord.
report was presented in the form of a motion to order a public hearing on the item
presented. The motion was seconded by Councilor Almonte and unanimously approved
by the Council Members present [8-0].
Doc. 77/10 & 119/11: Public Hearing Ordered
Doc. 128/11: Stop Sign – foot to Reservoir Street near May Street – to replace
existing “Yield” signage – Ord. Cmt.- Defeated
of the Ordinance Committee informing the Council Members that State Law prohibits
more than one “stop sign” in a roundabout like at the intersection of May Street and
Manchester Street. She explained further that the Ordinance Committee agreed only to
replace the existing “yield signs” via letter to the Public Works Department. For this
reason, the measure has been forwarded to the City Council Members with a
recommendation to otherwise defeat the item presented.
Council Vice President Silva presented a motion to deny the measure presented
which was seconded by Councilor Almonte. The Council Members voted unanimously
[8-0] to deny the request presented as recommended.
Doc. 128/11: Measure Defeated
480
Doc.164/11: Handicapped Parking – 69 Exchange Street – Ord. Cmt. Public Hearing ordered
present [8-0].
Doc. 171/11: Parking – near the driveways of 341B to 343 South Broadway – amend
ordinance – Ord. Cmt. - Public Hearing ordered
present [8-0].
Doc. 181/11: Second Hand Dealer License – Flerida Valdez – 390 Essex Street –
of the Ordinance Committee to accept the report presented without a recommendation.
Councilor Almonte moved to accept the report presented which was seconded by
Councilor Aquino and unanimously [8-0] approved by the Council Members present.
481
Councilor Bernal presented a motion to approve the petition presented which was
Members present.
Doc.193/11: Franciscan of Primitive Observance – request to use the Campagnone
Common Park on October 10th, 2011 from 12:30 p.m. to 9:00 p.m. for a Religious
Procession – Ord. Cmt. – Approved
of the Ordinance Committee which was presented in the form of a motion to approve the
item as presented. The motion was seconded by Councilor Almonte and unanimously
VII. WITHDRAWALS:
Doc. 307/10: Sounds emanating from public properties and private open spaces –
Upon being granted the floor, Councilor Bernal presented a motion to withdraw
the above matter from the City Council Agenda.
Upon being recognized, Councilor Twomey suggested the matter be withdrawn
without prejudice.
Doc. 171/11: Parking – near the driveways of 341B to 343 South Broadway – amend
ordinance – Ord. Cmt. - Public Hearing ordered
482
VIII. OLD BUSINESS:
Upon the motion of Councilor Aquino, seconded by Council Vice President Silva,
the following items were unanimously approved by the Council Members present [8-0] to
consider them as a block.
After announcing each item presented, Council President Moran referred each of
the following measures to the Housing Committee for further proceedings:
229/06: Disposition – 9 Walnut Street – Map #170, Lot 113 – Dan McCarthy, Land Use
Planner – Ref. to Housing Cmt.
292/08: Disposition - 89-90 Foster Street – Map #81, Lot 41 – Dan McCarthy, Land Use
45/09: Disposition – 35 Rear Bourque Street – Tax Map #178, Lot 47 – Dan
McCarthy, Land Use Planner – Ref. to Housing Cmt.
46/09: Disposition - 35 Rear Bourque Street – Tax Map #178, Lot 46 – Dan McCarthy,
Land Use Planner – Ref. to Housing Cmt.
72/09: Disposition – 10-12 Trenton Street – Tax Map #129, Lot 5 – Dan McCarthy,
164/09: Disposition – 9-11 Bromfield Street – Tax Map #149, Lot 18 – Dan McCarthy,
180/09: Disposition – 341-343 Hampshire Street – Tax Map #170, Lot 130 – Dan
McCarthy, Land Use Planner – Ref. to Housing Cmt.
179/10: Disposition – 124-130 Myrtle Street – Tax Map #170, Lot 122 – Dan McCarthy,
180/10: Disposition – 170 Myrtle Street – Tax Map #170, Lot 5 – Dan McCarthy, Land
Use Planner – Ref. to Housing Cmt.
201/10: Disposition – 6-8 Walnut Street – Tax Map #170, Lot 116 – Dan McCarthy,
205/10: Disposition – 16-18 Willow Street – Tax Map #170, Lot 3 – Dan McCarthy,
483
IX. TABLED MATTERS:
Doc.18/11: Parking – near the driveways of 341 and 343 South Broadway – No
parking signage – Counc. Bernal – Public Hearing ordered
Upon being recognized, Councilor Bernal moved to remove Doc. 18/11 from the
“table”. The motion was seconded by Councilor Aquino and unanimously approved
Upon being recognized, Councilor Bernal informed the City Council Members
that the measure had been previously approved by the Council Members but the
information concerning the location of the “no parking” location was incorrect. She
stated further that Document Doc. 171/11 concerns the same parking location and was
ordered to a public hearing earlier in the session. She stated that the error will be
corrected with the approval of the new ordinance and stated that the ordinance previously
approved should be “deleted” at the same public hearing when it is held.
Councilor Bernal moved to order a public hearing in order to delete the prior
ordinance approved through Doc. 18/11 which was seconded by Councilor Almonte and
unanimously [8-0] approved by the Council Members present
22/10
484
188/11 NECC’S Construction Site on Common Street-update and timelineCouncil President Moran
X. NEW BUSINESS:
195/11 Skateboards – ordinance to regulate - Counc. Bernal and Officer T. Cuddy
Ref. to Ord. Cmt.
197/11 Surplus Declaration – 31-33 Trenton Street – Dan McCarthy, Land Use
198/11 Surplus Declaration – 74 Holly Street – Dan McCarthy, Land Use Planner
Ref. to Housing Cmt.
199/11 Closing Canal Street between Mill Street and Jackson Street – Arthur
McCabe, CD Manager – Ref. to Ord. Cmt.
Doc. 201/11: Weatherbee School-Emmett Street-no parking one side-Councilor
Bernal – Ref. to Ord.
Rules of the City Council and declare the above item an emergency so that it may be
added to the current City Council Agenda and addressed as necessary. The motion was
seconded by Councilor Almonte and the Council Members present unanimously [8-0]
voted to add the above matter to the current City Council Agenda.
485
Council President Moran then referred the matter to the Ordinance Committee for
further proceedings.
XI. ADJOURNMENT:
Upon Motion of Councilor Maldonado duly seconded by Councilor Almonte, the
ADJOURNED
(7:30p.m.)
Attest:
William J. Maloney
City Clerk
486
DATE: Tuesday, October 18, 2011
A REGULAR MEETING of the City Council was held on Tuesday, October
Approximately Sixteen [16] persons were present.
of City Council Meetings conducted October 4, 2011 were submitted by the City Clerk
Homayoun Maali ,53 Chester Street, Lawrence, MA spoke of the recent violent
death of Lawrence residents as a result of crimes committed on Bailey Street and on
Hampshire Street. He stated that education is the most important matter to achieve a
better quality of life.
487
Richard Russell, 34 Cross Street, Lawrence, MA requested that the new Veterans
Administration Director recommended for appointment be reviewed carefully due to lack
of sufficient qualification of recent recommendations coming from the Office of the
Mayor.
Doc. 77/10 & 119/11: Parking – Brunswick House (Essex, Jackson and Methuen
Streets) – review of parking issues – possibility of Resident Parking Sticker – Public
Hearing held - Approved
Council Members.
Council Members present voted unanimously [7-0] to approve the measure. [Vice
President Silva being absent from the City Council Meeting on this date and Councilor
488
Almonte being absent from the Council Chambers at the time the vote was recorded].
Doc. 77/10 & 119/11: Approved
Doc. 18/11 & 171/11: Parking – near the driveways of 341 and 343 South Broadway
– No Parking Signage – Public Hearing held -Approved
presented.
approve the measure presented. [Vice President Silva being absent from the City Council
Meeting on this date and Councilor Almonte being absent from the Council Chambers at
Doc. 18/11 & 171/11: Approved
489
Doc. 164/11: Handicapped Parking – 69 Exchange Street – Public Hearing
held – Approved
Council Members.
Doc. 164 /11: Approved
490
Doc.183/11: Election Billing – request to pay FY 2011 – (010620-5343) - $2,317.80 Budget and Finance Cmt.- Approved
of the Budget & Finance Committee to approve the measure presented. The report was
presented in the form of a motion as seconded by Councilor Aquino.
A brief discussion ensued among the Council Members regarding where the funds
to pay the bill would be obtained. Upon further inquiry, the City Clerk stated that the bill
would be paid from FY 2012 funds which appears to be sufficient based upon review of
the line item by the City Comptroller David Camasso.
Upon no further discussion the Council Members present voted unanimously
[8-0] to approve the measure.
Upon being recognized, Councilor Almonte presented a motion to take Document
196/2011 out of the order appearing on the City Council Agenda. The motion was
seconded by Councilor Rivera and unanimously approved [8-0] by the Council Members
present..
Doc. 196/11: Home Rule Petition – Long Term Substitute Teachers – Health
Insurance and Retirement – Ord. Cmt. – Public Hearing ordered
from the Ordinance Committee in the form of a motion to order a Public Hearing on the
measure presented. The motion was seconded by Councilor Almonte and unanimously
491
Upon being recognized, Councilor Almonte presented a motion to take Document
140/2011 out of the order appearing on the City Council Agenda. The motion was
seconded by Councilor Aquino and unanimously approved [8-0] by the Council Members
present..
Doc. 140/11: Woodard & Curran – 5 year Water Treatment Plant Contract –
Budget and Finance Cmt. At the request of Council President Moran, Councilor Rivera presented the report
of the Budget & Finance Committee on the item presented. Councilor Rivera stated that
several provisions were discussed by the Budget and Finance Committee to be included
in the proposed contract presented for consideration of the Council Members. He
presented his report in the form of a motion to approve the item for discussion purposes.
The motion was seconded by Councilor Almonte.
that several matters were discussed by the Budget and Finance Committee to be included
with the proposed contract with particular emphasis on the proposed 2 year extension
term beyond the five year contract itself. He also discussed breach of agreement
provisions and specifications in the contract stating concern that the industry standard be
met through the contract term.
Council President Moran discussed whether or not it is being considered if the
proposed agreement provided for the possibility of transitioning supervision of the Water
492
Department back to City employees. He stated that without having a transition plan in
place he could not support the proposed contract.
Upon being granted the floor, Councilor Maldonado agreed with Council
President Moran and suggested the approval could be contingent upon adoption of a
transition plan.
Council President Moran stated that a contingency based on transition was not
likely to happen even if adopted through the vote of the Council Members. He stated that
the contract should be approved or defeated as it is presented rather than consider a
speculative contingency that may not be implemented. A discussion ensued between
Councilor Maldonado and Council President Moran concerning terms of the proposed 5
year contract under consideration.
Upon invitation, Councilor Rivera posed questions to City Attorney Boddy about
provisions of the agreement being considered. Attorney Boddy submitted a copy of his
response to the Council Members which provided his analysis of the single bid contract
being considered and addressing reasons that Woodard and Curran were the only bidder
on this contract. Attorney Boddy also addressed concerns regarding liability issues
offering his opinion concerning municipal liability extending to the City of Lawrence
City on matters that relate directly to “compliance” with State requirements and
suggesting the operational liability issues were likely to remain with the contractor.
Upon being granted the floor, Councilor Bernal posed questions to Jim Rivard of
Woodard and Curran about liability issues. Mr. Rivard stated that the occurrence of any
matter that is directly caused by employees of Woodard and Curran would trigger
493
liability on its part explaining that plant operations remain the responsibility of Woodard
and Curran.
Upon being granted the floor, Councilor Twomey posed questions about possible
transition plans that may be explored.
Upon being recognized, Chief Economic Development Director Patrick
Blanchette stated that he appears before Council on behalf of Mayor Lantigua stating
further that any issues of liability and the creation of a transition plan my be further
complicate the vote of approval being considered by the Council Members because the
State may have to also approve a transition plan that may be incorporated into the
agreement by the City of Lawrence.
Upon being recognized, Robert Fazio, Water Commissioner for the City of
Lawrence, explained that the operation of the Lawrence water facility is unique to the
City of Lawrence and stated that he believes it is both impractical and costly to transition
operations to City employees due to a variety of matters that pertain to union
requirements, the difference between public and private wage structures, and State
requirements that involve particularized licensing and staff responsibilities to complete
highly specialized tasks. Commissioner Fazio informed the Council that City operational
costs would be between 1.6 and.8 million dollars annually and reviewed anticipated
expenses if such a plan were implemented.
Council President Moran commented that it would ideally provide a financial
benefit to the City of Lawrence if all costs for every City service provided were
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“outsourced”. He suggested it is not practical to contract every service of the City to
third parties. He further commented that it appears that it does not appear that the City of
Lawrence is ever going to be able to resume control of water plant operations.
Upon being granted the floor, Councilor Rivera suggested that staff training over
the course of the contract term might help attain the goal of future transitioning of
operations to City employees. Councilor Rivera posed additional questions to
Commissioner Fazio regarding the costs of plant operations by the City in comparison
with the proposed contract term with Woodard and Curran. Mr. Rivard explained that the
ability to propose a financially feasible contract for services is due primarily that
Woodard and Curran’s employee costs are less that the City of Lawrence could provided
if the facility were staffed by City employees.
Chief Economic Director, Patrick Blanchette, stated that amendments to the
proposed contract may vary the contract and could be contrary to procurement laws.
A discussion ensued between Council President Moran and Director Blanchette
regarding the manner which the City of Lawrence has addressed prior violations cited by
the State and continued compliance with the consent decree.
about the financial impact to the taxpayers and rate payers. Councilor Rivera suggested
that a three year contract review and award may be better suited for the City for this item.
495
Commissioner Fazio regarding the estimated cost to the City should a transitional
operation plan be implemented for the water plant facility. Councilor Maldonado
reviewed the transition plan submitted by Commission Fazio and the projected costs and
expenses entailed. Councilor Maldonado suggested that the Woodard and Curran may be
required to train City employees to support transition of the operation to all City
employees.
Upon being granted the floor, Councilor Twomey discussed the feasibility of
requiring the contractor to train City employees. Commissioner Fazio suggested that a
training plan with a goal of transitioning City employees to resume tasks and
responsibilities now being provided by employees of the contractor may be feasible. He
commented that it will not be known unless it is adopted and implemented.
Commissioner Fazio regarding aspects of the consent decree and oversight order imposed
by the State.
seconded by Councilor Almont, the Council Members present as follows in regard to the
five year Water Treatment Plant Contract with Woodard and Currant: Yes- 5;
No-2; Abstain-1; Absent-1
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Councilor Laplante - Abstain
Upon conclusion of the vote, Council President Moran stated that it is his understanding
that two thirds of the Council Members present is required to approve the measure and
inquired of the City Clerk as to the requirement of six votes of the City Council Members
on the award of the contract subject to this petition.
The City Clerks deferred to the City Attorney as to the question as being a
question of law. Council President Moran asked City Attorney Boddy to provide his
opinion on the matter.
Upon being recognized, Attorney Boddy stated that he would have to research
the issue presented in order to assure the Council vote is lawfully addressed and recorded.
8:25 p.m.: Councilor Laplante presented a motion to recess the Council
proceedings for five minutes, which was seconded by Councilor Maldonado and
At 8:37 p.m. Councilor Rivera presented a motion to terminate recess and
resume proceedings which was seconded by Councilor Almonte and unanimously
Upon further inquiry by Council President Moran, Attorney Boddy stated that he
has reviewed the provisions of G.L. c. 30B and that it appears that only a simple majority
may be required for Council to approve a five year contract as presented. He stated that
annotations referencing a super majority [six votes of the current nine Members panel], if
497
applicable, may result in the defeat of the measure. He stated that in order to be complete
he would require a couple of days to research the matter and to render a competent
opinion on this matter.
Upon being granted the floor, Councilor Maldonado inquired about the matter.
Council President Moran stated that he would allow the City Attorney the opportunity to
properly research the matter and provide the Council Members with a written report and
opinion on the number of votes required for approval of the measure presented.
Doc. 140/11 Approved – pending legal opinion of City Attorney*
* City Clerk Note: on 10-21-11, the City Clerk received a written opinion from City
Attorney Boddy stating that a the votes of five Council Members of a nine member
panel is sufficient for approval of the measure. As such, the City Clerk issued a
report of approval pursuant to Rule 4.9 of the City Charter presented to the Mayor,
Council President, and City Attorney on 10-24-11.
Doc.400/10: Revise Winter Parking Regulations – alternate street parking –
December 15th to April 1st – Hours: midnight to 7:00 p.m. to allow for snow removal
– Ord. Cmt. & Public Hearing ordered
present [8-0].
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Doc. 159/11: Moratorium on Liquor Licenses – Ord. Cmt. – Withdrawn
At the request of Council President Moran, Councilor Bernal presented a motion
to accept the report from the Ordinance Committee without a recommendation. The
motion was seconded by Councilor Maldonado and the Council Members voted
unanimously [8-0] to accept the report as presented.
Upon being granted the floor, Councilor Bernal moved to withdraw the matter
from the Council Agenda which was seconded by Councilor Rivera.
Upon being granted the floor, Councilor Laplante stated that the measure before
Council is important because it addresses a serious issue of public safety of great concern
to his constituents and the public in general. He stated that issues concerning the
issuance of additional licenses to establishments that serve alcohol directly impact the
safety of Lawrence residents. He stated that it is of great importance that the Council
Members act on the measure presented and vote to demonstrate their unified resolve to
place a moratorium on the location of new establishments in the City of Lawrence to the
Members of the Licensing Commission and Zoning Board of Appeals.
that the City of Lawrence has not issued licenses for new establishments for possibly
more than two years. She stated that recent matters of violence and public safety
concerns are a result of poor management by current license holders. She stated that
although she agrees with many of the points addressed by Councilor Laplante, she does
not believe hat a moratorium as suggested is favored by Police Chief Romero. Councilor
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Bernal also indicated that matters concerning issuance of licenses to establishments who
wish to sell alcohol remains within the jurisdiction of the Licensing Board.
Upon being granted the floor, Councilor Maldonado cautioned that a moratorium
on licenses would affect all forms of licensed establishments. He suggested that it may
be more accurate to enter a resolution of Council requiring new licenses be issued to
night clubs which would more likely be recognized.
Upon being granted the floor, Councilor Twomey stated that based on his
experience as Chairman of the Licensing Board in the past, the denial of a petition to
obtain a liquor license requires the Licensing Board to issue findings based on sound
reasoning. Otherwise, the denial is appealable to Alcohol Beverage Control Commission
[hereinafter ABCC] and likely to be reversed absent such reasoning. He stated that the
current circumstances may be a “good reason” to deny such licenses but that issue should
remain within the jurisdiction of the Lawrence Licensing Board.
Upon being granted the floor, Councilor Almonte pointed out that preventative
measures like the TIPS Certification Program would help address many of the issues of
concern with current establishments which often find their root cause in “over-serving”
customers.
Upon being granted the floor, Councilor Laplante suggested that a Public Hearing
should be held on this matter in order to afford the public an opportunity to provide input
and comment before the Council takes any action on the measure. He provided
comments from constituents in support of a moratorium for the benefit and information
of the Council Members.
500
Upon being granted the floor, Councilor Rivera commented that issues
concerning the manner of which licensed establishments are approved should be
addressed through a home rule petition to create legislation particularly tailored to the
Lawrence Community. He stated further that the Council Members must support the
Licensing Board.
present, Council President Moran called the motion to withdraw the measure, to the
attention of the Council Members. Upon vote of the Council Members present, the
measure was withdrawn as follows: Yes-7; No-1; Absent-1
Upon being granted the floor, Councilor Maldonado presented a motion to send
a Resolution to the Zoning Board and Licensing Board that additional “night club
establishments” not be permitted to locate in the City of Lawrence as may be presented
for approval from time to time before the Zoning Board of Appeals and the Licensing
Board. The motion was seconded by Councilor Rivera.
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Upon being granted the floor, Councilor Aquino commented that issue
regarding the manner of liquor licenses is problematic and is the root of the problem at
hand.
Council President Moran stated he agrees with Councilor Aquino and suggested
that the issue of concern is to properly identify and address the problem.
A discussion ensued among the Council Members about the different types of
liquor licenses and enforcement matters.
Upon being granted the floor, Councilor Rivera presented a friendly amendment
to the motion presented by Councilor Maldonado by sending a letter to Police Chief
Romero, Fire Chief Bergeron, and Inspectional Services Commissioner Peter Blanchette
to act in cooperation and develop an action plan that will address recent issues concerning
matters of public safety and the operation of the various establishments licensed to serve
alcoholic beverages in the City of Lawrence. Councilor Maldonado stated his acceptance
of the amendment.
Upon being granted the floor, Councilor Twomey stated that the problems are
being caused by 7 of the 52 “All Liquor Licenses” holders and that these 7 license
holders should be required to answer to the complaints and issues occurring in their
establishments.
Upon being granted the floor, Councilor Rivera stated that a plan should be
addressed to the City Council within a definite period of time.
present, Council President Moran called upon the Council Members to consider the
502
approval of the proposed matter presented by Councilor Maldonado as amended by
Councilor Rivera. Upon vote of the Council Members present, the motion to send the
Resolution was approved as follows: Yes-7; No-1; Absent-1
Doc. 159/11: Letter of Resolution
VII. WITHDRAWALS:
Doc. 344/10: Parking – Hampshire Street – Ord. Cmt. – Withdrawn
Committee. The motion was seconded by Councilor Almonte and Council Members
present voted unanimously [8-0] to withdraw the following matters from the City Council
Agenda:
IX. TABLED MATTERS:
Councilor Maldonado presented a motion to remove Document. 139/11 from the
table. The motion was seconded by Councilor Rivera and unanimously approved by the
503
Attorney Charles Boddy – presence requested – Counc. Maldonado – Letter/Tabled
Upon being granted the floor, Councilor Maldonado request to send a letter to
City Attorney Boddy requesting his attendance at the next City Council Meeting in order
to present a report on any action or information concerning this matter. The matter was
presented in the form of a motion which was seconded by Councilor Almonte and
Councilor Maldonado presented a motion to re-table the matter which was
present [8-0].
22/10:
287/10:
323/10:
351/10:
355/10:
120/11:
139/11:
58/11:
188/11:
Police – update
Bernal
NECC’S Construction Site on Common Street – update and timeline –
Council Pres. Moran
504
X. NEW BUSINESS:
202/11 Appointment – Veterans Services Department Director - Jaime Luis Melendez,
Jr., Retired Army Sergeant 1st Class- recommendation – Mayor Lantigua – Ref.
to Personnel Cmt.
203/11 Parking – Lawrence High School – review of parking North Parish Road,
review of parking on Crawford Street and review on Chickering Road – Officer
Eugene Scanlon – Ref. to Ord. Cmt.
204/11 Parking – Erving Avenue – review of parking between Jackson and Lawrence
Streets (Spicket River side) – Officer Scanlon – Ref. to Ord. Cmt.
205/11 Parking – restrictions - Hampshire Street between Essex and Common Streets –
Common Street from Hampshire to Amesbury Streets – Officer Scanlon – Ref.
to Ord. Cmt.
XI. ADJOURNMENT:
Upon Motion of Councilor Rivera duly seconded by Councilor Almonte, the
ADJOURNED
(9:35p.m.)
Attest:
William J. Maloney
City Clerk
505
DATE: Tuesday, November 1, 2011
A REGULAR MEETING of the City Council was held on Tuesday, November
1, 2011 at 7: 07 p.m. in the City Council Chamber with all Members present. Councilor
Bernal arrived at 7:15 p.m.
Approximately Thirty two [32] persons were present.
of City Council Meetings conducted October 18, 2011 were submitted by the City Clerk
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke in support of hiring or
re-hiring Fire, Police and Department of Public Works personnel to assure the public
safety and quality of life issues are addressed in Lawrence. Mr. Maali spoke in favor of
506
[Tuesday, November 1, 2011]
the enforcement of current Massachusetts gun laws to provide greater safety to the public
from crimes involving guns.
Jean Roy, 169 Gilbert Street, Lawrence, MA spoke in support of implementing
the new Senior Assistance Program and hoped that he could meet with Councilor Bernal
soon to create a suitable plan for Lawrence.
Richard Russell, 34 Cross Street, Lawrence, MA stated that the condition of the
roadway located at Broadway and Cross Street needs to be looked into. He asked that the
Public Works Department be provided notice that the pothole at this location be repaired
in order to avoid future damages to vehicles.
Bernal and unanimously approved by the Council Members present [9-0].
Insurance and Retirement – Public Hearing held - Approved
At the request of Council President Moran, the City Clerk read the notice of
public hearing regarding the above as published. Upon the conclusion of the Clerk’s
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke in support of the
measure presented..
507
Frank McLaughlin, 2 Copley Drive, Methuen, MA, President of the Lawrence
Teacher’s Union, stated that the Lawrence Schools have provided its long term
substitutes with health insurance throughout the past. He stated the proposed Home Rule
Petition is corrective legislation that will allow long term substitute teachers to be
included with the GIC Health Insurance program and to obtain retirement benefits. Mr.
McLaughlin asked the City Council Members support the measure presented.
Mary Lou Bergeron, 32 Hobbs Street, Methuen, MA, Interim Lawrence Public
School Superintendent, spoke in support of the Home Rule Petition and provided
information to the Council Members regarding how long term substitute teachers are
provided health insurance and retirement benefits through employment with the
Lawrence Schools.
Upon being recognized, Council Vice President Silva presented a motion to
approve the measure presented which was seconded by Councilor Rivera.
Upon being granted the floor, Councilor Maldonado posed questions to Interim
Superintendent Bergeron about contributory retirement obligations of the City to the
affected employees. Interim Superintendent Bergeron discussed and explained the
manner of qualifying for retirement for these employees.
Upon being granted the floor, Councilor Bernal requested anyone who is
presented on behalf of the Lawrence Retirement Board to be recognized. Upon no
508
response to this inquiry, Councilor Bernal informed the Council Members that the
Lawrence Retirement Board filed a written exception to the proposed Home Rule Petition
dated November 1, 2011.
measure presented by Council Vice President Silva as seconded by Councilor Rivera, the
Council Members present voted unanimously [9-0] to approve the Home Rule Petition
presented.
Almonte and unanimously approved by the Council Members present [9-0].
Doc. 202/11: Appointment – Veterans Services Department Director – Jaime Luis
Melendez, Jr. –Pers. Cmt. – Approved
report from the Personnel Committee in the form of a motion to appoint Jaime Luis
Melendez, Jr. as the Veterans Services Department Director. Councilor Twomey noted
the report of the Personnel Committee to be amended to favorable recommendation. The
509
Upon being granted the floor, Councilor Laplante stated that the recommendation
submitted should have included the recommendation and qualifications of the candidate
presented in addition to the other qualified candidates.
Council President Moran commented that the matter before the Council Members
requires a vote to either approve or disapprove the recommendation presented. Council
President Moran indicated that the candidate presented to the City Council for
consideration is not an opportunity to address the recommendation and approval process
in general. A discussion ensued between Councilor Laplante and Council President
Moran about the process applied in this matter and other matters.
Upon being granted the floor, Councilor Bernal inquired about the number of
people applying for the position. In response, Director Bonet stated that four candidates
were considered while two other applicants failed to complete the application process.
Director Bonet provided additional information to the Council Members about the
interview and selection process applied in this instance.
Upon being granted the floor, Councilor Maldonado posed questions to Director Bonet
and inquired about the applicants and candidates for the position. Director Bonet
informed the Council Members that a list of candidates was not forwarded to the
Personnel Committee and stated that practice is not a policy of the Personnel Office.
Upon further inquiry by Councilor Maldonado, Director Bonet explained and discussed
the present policy of the Personnel Office not to provide the names of any candidates to
the City Council who are not recommended for the position subject to recommendation
and approval.
510
Council President Moran called upon the Council Members present to consider the matter
presented. Upon the motion to approve the candidate recommended presented by
Councilor Twomey as seconded by Councilor Rivera, the Council Members present
voted unanimously [9-0] to approve the appointment of Jaime Luis Melendez, Jr. as
Veteran Services Director.
V. PUBLIC HEARINGS:
Doc. 400/10: Revise Winter Parking Regulations – alternate street parking –
December 15th to April 1st – Hours: midnight to 7:00 p.m. to allow for snow removal
– Public Hearing held – Documents split 400A/10 -Tabled & 400B/10- Approved
Council Members.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke in opposition of the
proposed ordinance, stating that the extended time frame will create financial hardship to
residents who will have to pay the cost of any ticket and tow that results.
Richard Russell, 34 Cross Street, Lawrence, MA discussed the implementation of
the ordinance for the extended time period of 12:01 a.m. to 7:00 p.m. He stated that
enforcement of such a parking provision may be difficult to enforce.
511
Council President Moran informed the Council Members that there may be
logistic problems with the current draft and suggested the document be split in two parts.
Upon being recognized, Councilor Rivera moved to split document 400/10 in two
parts, 400A/10 [Section 10.36.031 of the Lawrence Municipal Code] and 400B/10
[proposed new Section 10.36.032 of the Lawrence Municipal Code]. The motion was
Members present.
Upon being granted the floor, Council Vice President Silva indicated that
constituents have expressed their concern about the extended time period of the new
parking restriction appearing in the amended section 10.36.031 which will be until 7:00
p.m. if approved. She stated that the ordinance will present a greater hardship upon
residents of the most congested areas of the City which includes her District [District B].
She suggested that “enforcement” of the current “winter parking ban” as it appears
presently may be more reasonable. Council Vice President Silva suggested that a later
period of time until 7:00 p.m. is prohibitive to residents and unfairly penalizes those in
highly congested areas of the City.
Upon being granted the floor, Councilor Rivera moved to approve Document
400B/10 [new Section 10.36.032]. A discussion ensued among the Council Members
concerning the proposed section which imposes a “Winter Parking Ban” on specific
512
streets from 12:01 a.m. until 6:00 a.m. daily primarily in business areas of the City. The
motion was seconded by Council Vice President Silva.
Council President Moran explained that Acting Public Works Director John
Isensee is the impetus behind the parking ban recommended by him to run until 7:00
p.m. each day. He informed the Council Members that the proposed amendment to the
“Winter Parking Ban” ordinance [sec. 10.36.031 – Doc. 400A/10] would allow the snow
plows to remove snow from City streets more completely and more efficiently.
Upon being granted the floor, Council Vice President Silva suggested that an
ordinance that restricts parking until 7:00 p.m. should become effective only when it
snows or when a snow emergency is in effect. A discussion ensued between Council
President Moran and Council Vice President Silva about alternatives to the proposed
amended “Winter Parking Ban”.
Council President Moran stated that the current “Winter Parking Ban” is
problematic and must be amended for the benefit of the residents and to assure that
streets are more accessible during the winter.
Upon being granted the floor, Councilor Laplante inquired about the proposed
new ordinance [sec. 10.36.032]. A discussion ensued among the Council Members
clarifying the locations, hours of effectiveness, and implementation of the proposed new
“Winter Parking Ban”. It was concluded and announced that the proposed new
ordinance, if approved, will apply only to those streets listed in that section [primarily
business district locations and main thoroughfares throughout the City] and will be in
effect daily from 12:01 until 6:00 a.m.
513
Upon being granted the floor, Councilor Twomey inquired about the impact of
implementation of the ban on a daily basis through 7:00 p.m. He informed the Council
Members about the past snow clearing operations running daily from 12:01 a.m. to 6:00
a.m.
Upon being granted the floor, Councilor Maldonado discussed the possibility of
engaging two personnel shifts to plow the snow which would allow for a reduction of
time of the parking restriction to be reduced from 7:00 p.m. to 4:00 p.m. daily. A
discussion ensued between Council President Moran and Councilor Maldonado regarding
the purpose of implementing the proposed ordinance through 7:00 p.m. daily.
Upon being granted the floor, Councilor Aquino stated that there are concerns
about how towing companies may react to the towing provision of the proposed amended
ordinance. She suggested that towing companies should be contacted to assure they
comply with the ordinance provisions fairly.
Council President Moran closed the discussion portion for Document 400B/10 [proposed
new ordinance section 10.36.032 (Street Sweeping)] and called upon the Members
present to consider the matter presented. Upon a motion to approve the measure
presented by Councilor Rivera, as seconded by Council Vice President Silva, the Council
Members present voted unanimously [9-0] to approve Document 400B/10 [New Section
10.36.032] of the Lawrence Municipal Code- Alternate parking on certain streets
between 12:01 a.m. and 6:00 a.m.
514
Council President Moran re-introduced the proposed “Winter Parking Ban”
provided in an amended version of section 10.36.031 (Snow Removal) [Doc. 400A/10].
Upon being recognized, Councilor Rivera moved to approve the measure
presented which was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Rivera expressed concerns about
enforcement provision and towing vehicles that may be in violation of the ordinance. He
suggested the tow companies be informed that the goal and intention of the ordinance is
to clear snow from the roadway and not to tow vehicles.
Upon being granted the floor, Councilor Twomey stated that notification of the
purpose of the “Winter Parking Ban” should be sent by letter to the towing companies
who may be engaged to conduct towing of vehicles in violation of the ordinance. A
discussion ensued between Councilor Maldonado and Council President Moran regarding
the existing parking restrictions on those streets that are not affected by the proposed
ordinance being considered. Councilor Maldonado pointed out that there are streets
throughout the City that would not be subject to the implementation of the “Winter
Parking Ban” because there are other restrictions imposed by ordinance. He suggested
that the Council locate and identify these streets to consider including them within the
“Winter Parking Ban” restriction and/or to amend the current ordinance provision that
may apply. This will allow for snow plowing on all City streets completely and
thoroughly.
Further discussion ensued between Councilor Almonte and Council President
Moran concerning implementation of the proposed ordinance sec.10.36.031 [Doc.
515
400A/10]. Upon conclusion, Councilor Almonte suggested tabling the measure to allow
each of the Council Members to conduct further review and consideration.
Upon being granted the floor, Councilor Laplante stated that he concurred that
further review and public discussion needs to take place with constituents. He suggested
that the matter should be opened up for further public input. He stated that it would also
be of some benefit to have a comparative study and review be performed of those cities
and towns who may have a similar ordinance to determine the positive and negative
aspects of implementation. He informed the Council Members that some residents have
expressed concerns about enforcement of the proposed ordinance. Councilor Laplante
suggested that these serious questions and concerns should be addressed prior to final
approval.
Upon being granted the floor, Councilor Maldonado discussed the practical
implementation of the proposed ordinance. A discussion about planned implementation
of the ordinance ensued between Councilor Maldonado and Council President Moran.
Upon being granted the floor, Councilor Almonte stated that there should be some
understanding and consideration that later amendments would prove to be more costly
and expensive than making additional inquiry prior to final approval in order to assure the
amended ordinance approved is complete and accurate.
Upon being granted the floor, Councilor Rivera stated the current version of the
“Winter Parking Ban” is difficult to implement and the amendment being proposed may
create greater uniformity. He suggested that greater enforcement of the amended
ordinance that may be approved will result in better snow clearance.
516
Upon being granted the floor, Councilor Maldonado suggested that further
refinement of the ordinance will improve snow removal service.
Upon being granted the floor, Councilor Twomey stated it may be a good idea to
provide more information about the ordinance to the public.
Upon no further inquiry, comment or discussion, Councilor Laplante presented a
motion to table document 400A/10. The motion was seconded by Councilor Almonte
and the Council Members present voted as follows to table the measure. Yes-7: No-2
Councilor Aquino- Yes
Doc. 400A/10: Tabled
[A discussion ensued among the Council Members regarding identification of
other streets that may not be currently included in the proposed amended ordinance
[10.36.031] and subject to other parking restrictions].
VI: Communication from Mayor, City Officials & City Attorney: - None
VII. APPROPRIATIONS-ORDERS-RESOLUTION: - None
Upon being recognized, Councilor Almonte moved to allow Councilor Bernal
[Chair of the Ordinance Committee] to present the report of the Ordinance Committee for
consideration of the Council Members in “block form”. The motion was seconded by
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Councilor Aquino and unanimously approved by the Council Members present [9-0] –
concerning the following measures:
Doc. 79/10: Parking – Parthum School – East Haverhill Street – Ord. Cmt. &
Doc. 135/11: Handicapped Parking – 207 West Street – Ord. Cmt. & Public
Hearing ordered
Doc. 189/11: Handicapped Parking – 246 Farnham Street – Ord. Cmt. & Public
Hearing ordered
Doc. 194/11: Handicapped Parking – 275 Water Street – Ord. Cmt. & Public
Hearing ordered
Doc. 201/11: Wetherbee School – Emmett Street – No parking one side - Ord. Cmt.
& Public Hearing ordered
Doc. 203/11: Parking – Lawrence High School – review of parking on
North Parish, on Crawford Street and on Chickering StreetOrd. Cmt. & Public Hearing ordered
Doc. 204/11: Parking – Erving Avenue – review of parking between Jackson &
Lawrence Streets (Spicket River side) – Ord. Cmt. & Public Hearing ordered
Doc. 205/11: Parking restrictions – Hampshire Street between Essex and Common
Street & Common Street from Hampshire to Amesbury Streets – Ord. Cmt. &
of the Ordinance Committee to order a public hearing on all measures presented [Doc.
79/10, Doc. 135/10, Doc. 189/10, Doc. 194/10, Doc. 201/10, Doc. 203/10, Doc. 204/10,
Doc. 205/20]. The report was presented in the form of a motion to order a public hearing
on each measure. The motion was seconded by Councilor Almonte and unanimously
518
IX. WITHDRAWALS:
Doc. 148/11: Parking – Merrimack Street – alternate side parking – Tabled
Committee. Councilor Bernal presented the report of the Ordinance Committee
recommending the withdrawal of the item from the Council agenda. The report was
presented in the form of a motion to withdraw. The motion was seconded by Councilor
Almonte.
Upon being granted the floor, Councilor Laplante suggested tabling the matter to
allow for further review and inquiry. He stated that the item concerns constituents in his
District [District F] and that he would like the opportunity to determine the impact of the
proposed parking restriction as part of the “Winter Parking Ban” [10.36.031] and/or the
“Street Sweeping Ordinance” [sec. 10.36.190] as it may apply with the “Resident
Parking” area on Merrimack Street.
A discussion ensued between Councilor Laplante and Council President Moran
regarding the priority of competing or conflicting ordinances. Councilor Laplante
suggested getting a legal opinion from the City Attorney on the matter.
Upon being recognized, Councilor Bernal withdrew her motion for withdrawal of
the measure.
519
Upon being recognized, Councilor Laplante presented a motion to table the
measure which was seconded by Councilor Almonte.
Upon being granted the floor, Councilor Rivera stated he would assist with
additional inquiry on the matter to obtain a correct answer.
Members who voted unanimously [9-0] to table the measure.
Doc. 148/11: Tabled
X. OLD BUSINESS: - None
XI. TABLED MATTERS:
status on this property and update on back taxes – Letter/Tabled
Councilor Maldonado presented a motion to remove the above item from the table
which was seconded by Councilor Rivera and approved by the following vote of the
Council Members present as follows: Yes-8; No1
Upon being granted the floor, Councilor Maldonado stated he would like to send a
letter to the Inspectional Service Department for a report as to the work being done.
Councilor Maldonado’s request was presented in the form of a motion. The motion was
520
present.
Upon being recognized, Councilor Almonte moved to re-table the measure. The
motion was seconded by Councilor Maldonado and unanimously [9-0] approved by the
Attorney Charles Boddy – presence requested – Counc. Maldonado – Tabled
was seconded by Councilor Rivera and unanimously [9-0] approved by the Council
Members present.
Upon being granted the floor, Councilor Maldonado stated that he has inquired
about the progress on this matter by City Attorney Boddy who states that a response is
expected soon from the Essex County District Attorney. He informed the Council
Members that once that information is received it will be forwarded to each of the
Council Members.
Upon no further comment, discussion or inquiry, Councilor Almonte presented a
motion to re-table the measure. The motion was seconded by Councilor Rivera and
unanimously approve by the Council Members present. [9-0]
Doc. 139/11: Tabled
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22/10:
287/10:
323/10:
351/10:
355/10:
120/11:
139/11:
58/11:
188/11:
Police – update
Bernal
Council Pres. Moran
XIII. NEW BUSINESS:
207/11: Transient Vendor – Felix Vargas – 82 Bennington Street, Lawrence, MARef. to Ord. Cmt.
208/11: National Grid and Verizon, New England, Inc. – request permission to locate
poles, wires and fixtures on Market Street - Ref. to Ord. Cmt.
XIIII. ADJOURNMENT:
Upon Motion of Council Vice President Silva as seconded by Councilor Rivera,
the Council Members present voted unanimously to Adjourn.
ADJOURNED
(9:10p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, November 15, 2011
A REGULAR MEETING of the City Council was held on Tuesday, November
Council Vice President Silva, Councilor Almonte and Councilor Rivera.
Approximately Thirty-eight [38] persons were present.
of City Council Meetings conducted November 1, 2011 were submitted by the City Clerk
Upon the motion of Councilor Twomey to accept the minutes as presented duly
accept the minutes as presented.
Homayoun Maali, 53 Chester Street, Lawrence, MA congratulated those who
were successfully elected in the Municipal Election held on November 8, 2011. He
stated that the goal of the Council Members should be to reduce any shortage of public
safety personnel with greater efforts made to hire more police.
523
Doc. 79/10: Parking – Parthum School – East Haverhill Street – Public Hearing
held – Approved
Council Members.
measure presented by Councilor Maldonado, as seconded by Councilor Twomey, the
Council Members present voted unanimously [6-0] to approve the measure as presented.
Doc. 135/11: Handicapped Parking – 207 West Street – Public Hearing held Approved
524
Council Members. Upon no public comment offered, Council President Moran closed
Doc.189/11: Handicapped Parking – 246 Farnham Street – Public Hearing held –
Approved
At the request of Council President Moran, the City Clerk read the public notice
as published. Upon the conclusion of the Clerk’s reading of the public notice, Council
President Moran opened the public hearing portion of the proceedings and invited anyone
who wished to be heard to present themselves before the Council Members.
Upon no public comment offered, Council President Moran closed the public
hearing portion of the proceedings and called upon the Council Members present to offer
comment or discussion.
525
to approve the measure presented.
Doc. 194/11: Handicapped Parking – 275 Water Street – Public Hearing held –
Approved
public hearing as published. Upon the conclusion of the Clerk’s reading of the public
notice, Council President Moran opened the public hearing portion of the proceedings
and invited anyone who wished to be heard to present themselves before the Council
Members.
measure presented by Councilor Twomey, as seconded by Councilor Aquino, the Council
Members present voted unanimously [6-0] to approve the measure presented.
Doc. 201/11: Wetherbee School – Emmett Street – No Parking one side – 7:00 a.m.
to 3:00 p.m. – Service Zone - Public Hearing held – Approved
526
public hearing as published. Upon the conclusion of the Clerk’s reading of the public
notice, Council President Moran opened the notice of public hearing portion of the
Council Members.
that the Wetherbee School personnel who requested the “no parking” ordinance on
Emmett Street have requested that the ordinance only be in effect from 7:00 am to 3:00
p.m. and when school is in session. Councilor Bernal moved to amend that part of the
proposed ordinance to provide that it be effective only for that time period. She then
moved to approve the measure as presented and as amended which was seconded by
Councilor Maldonado and unanimously [6-0] approved by the Council Members present.
Doc. 203/11: Parking – Lawrence High School – review of parking on North Parish
Road, on Crawford Street and on Chickering Road – Public Hearing held –
Approved
public hearing regarding the above item as published. Upon the conclusion of the Clerk’s
527
Upon being recognized, Councilor Twomey presented a motion to approve the
measure which was seconded by Councilor Maldonado and unanimously approved [5-0]
by the Council Members present. [Councilor Aquino being absent from the Council
Chamber when the vote was recorded].
Doc. 204/11: Parking – Erving Avenue – review of parking between Jackson and
Lawrence Streets (Spicket River side) – Public Hearing held – Approved
528
measure presented by Councilor Maldonado, as seconded by Councilor Aquino, the
Council Members present voted unanimously [6-0] to approve the measure presented.
Doc. 205/11: Parking restrictions – Hampshire Street between Essex and Common
Streets & Common Street from Hampshire to Amesbury Streets – Public Hearing
held – Approved
measure presented by Councilor Aquino, as seconded by Councilor Twomey, the Council
Members present voted unanimously [6-0] to approve the measure presented.
529
IV. NEW BUSINESS:
Upon being recognized, Councilor Twomey presented a motion that the Council
Members take Doc. 214/11 out of the order it appears on the City Council Agenda in
order to immediately address the item. The motion was seconded by Councilor Bernal
and unanimously approved [6-0] by the Council Members present.
Doc. 214/11: The Mill City Jr. Maulers – request permission to hold a fundraising
event on November 19, 2011 from 11:30 a.m. to 3:00 p.m. at the intersection of
Broadway, Manchester Street and Holly Street – Mill City Youth Football &
Cheers, Inc. – Approved
Michael Caban, Coach of The Mill City Jr. Maulers, addressed the Council
Members and explained the necessity of the organization to raise funds in order to allow
the team to pay the costs and expenses incurred to keep the program operating. He urged
the Council Members to approve the item presented.
Council President Moran posed questions to Mr. Caban concerning the league, it
players, and its operation.
Upon being granted the floor, Councilor Bernal informed the public that
contributions and donations to the youth athletic organization may be forwarded to the
team to support their football team. Mr. Caban provided contact information for the team
office for public dissemination.
Upon no further inquiry, comment or discussion Councilor Twomey presented a
motion to approve the item presented which was seconded by Councilor Aquino and
status on this property and update on back taxes- Tabled
530
Upon being recognized, Councilor Twomey presented a motion to take document
Doc. 287/10 “off the table” in order to address the matter before the Council Members.
The motion was seconded by Councilor Aquino and unanimously approved by the
Council President Moran reviewed the legislative history of the item and
requested Building Inspector Lawrence Hester to address the Council Members in order
to provide an informational update regarding the progress of the demolition of the
Merrimack Paper Mill.
Upon being recognized, Building Inspector Hester provided information
concerning the status of demolition of the building as well as the abatement orders issued
by the State regarding materials determined to be hazardous by the Department of
Environment Protection contained at this site.
Council President Moran asked if the City Building Department has authorized
the issuance of permits to the owner to allow for work other than demolition. Inspector
Hester responded that safety considerations cited by the State require the City to issue
certain permits necessary to address those matters.
Upon being granted the floor, Councilor Maldonado asked if any permits were
issued by the Building Department for any work on the building adjacent to the paper
mill location. Inspector Hester informed the Council Members that no permits have been
issued for any work being done on the adjacent building. Inspector Hester stated that the
owner and those working for him have been seen on the premises of the building next
531
door to the paper mill. But that he was unaware of any “work” being done on that
building.
Upon no further inquiry, comment or discussion Councilor Twomey moved to
re-table Doc. 287/10. The motion was seconded by Councilor Aquino and unanimously
Doc. 206/11: First Quarter Fiscal Year 2012-Budget v. Actual Reports – Council
Pres. Moran - Withdrawn
Council President Moran introduced and invited Budget and Finance Director
Mark Ianello to the address the Council regarding the above item.
Budget Director Ianello provided the Council Members with an update of the FY
2012 Budget citing revenue and expenses to date in his report.
Upon being granted the floor, Councilor Maldonado inquired about the
Department of Public Works expenditures to date which appear to be excessive. Director
Ianello explained that the report of expenditures of the Public Works Department
although appearing to be excessive are actually on target.
Upon being granted the floor, Councilor Bernal further discussed and explained
the encumbrances related to the Public Works Department as being reported.
Upon being granted the floor, Councilor Laplante asked Director Ianello if there
were any expenses or revenues that give any reason for fiscal concern. Director Ianello
stated nothing appears to give any cause for concern at this time.
532
Council President Moran asked if there was any department expenditures that
appear to be “over” their budget allocation. Director Ianello stated that budgetary
overspending appears in the Lawrence Police Department due to overtime expenses being
incurred. He stated that all other Municipal Departments appear to be operating within
their budget.
Upon no further inquiry, comment or discussion Councilor Laplante moved to
withdraw the item from the Council Agenda. The motion was seconded by Councilor
Aquino and unanimously [6-0] approved by the Council Members present.
Council President Moran addressed the next two items by referring them to the
appropriate City Council Subcommittee as indicated:
215/11 Appropriation – FY 2012 Supplemental Budget – Mayor Lantigua
Ref. to Budget & Finance Cmt.
216/11 Appropriation – Snow and Sanding – authorization to exceed in accordance
with Chapter 44, Section 31D, MGL – John Isensee, Acting Director of Public
Works – Ref. to Budget & Finance Cmt.
Doc. 229/06: Disposition – 9 Walnut Street – (Tax Map 170, Lot 113) – Hous. Cmt. Approved
At the request of Council President Moran, Councilor Laplante introduced the
item and provided information concerning the process of the “City Yard Sale” program
resulting in a recommendation for awarding each property subject to the process. He
stated that all the properties being reported to the Council Members for consideration of
533
award this evening are all subject to stated conditions. Councilor Laplante read the list of
conditions stating upon conclusion that he will reference the applicability of the
conditions to each of the properties as they are presented but will not repeat the list of
conditions since they remain the same for all properties.
Councilor Laplante presented the report of the Housing Committee
recommending the transfer of title to City owned property located at 9 Walnut Street
(Map 170, Lot 113) to Moises Camilo upon payment of $3,200.00 with stated restrictions
and conditions referenced earlier by Councilor Laplante. The report was presented in the
form of a motion to approve the recommended award as presented.
Upon being invited to address the City Council Members, Attorney Daniel
McCarthy, City of Lawrence Land Use Planner, provided the Council Members with
further and additional detail concerning the bid process attendant to the recommended
award being considered.
Upon inquiry by Council President Moran, Land Use Planner McCarthy stated
that a title deed would be recorded with the Essex North Registry of Deeds upon
completion of the sale as required.
Upon being recognized, the motion was seconded by Councilor Bernal and the
Doc. 292/08: Disposition – 86-90 Foster Street – (Tax Map 81, Lot 41) – Hous. Cmt.
– Approved
report of the Housing Committee recommending the transfer of title to City owned
534
property located at 86-90 Foster Street (Map 81, Lot 41) to Kathleen D. Michel upon
payment of $3,650.00 with stated restrictions and conditions. The report was presented
in the form of a motion to approve the transfer and sale as presented. The motion was
seconded by Councilor Maldonado and unanimously [6-0] approved by the Council
Members present.
Doc. 45/09: Disposition – 35 Rear Bourque Street – (Tax Map 178, Lot 47) – Hous.
Cmt. – Approved
report of the Housing Committee recommending the transfer title to City owned property
located at 35 Rear Bourque Street (Map 178, Lot 47) to Gerry Bevan upon payment of
$1,216.00 with stated restrictions and conditions. The report was presented in the form
of a motion to approve the petition presented. The report was presented in the form of a
motion to approve the transfer and sale as presented. The motion was seconded by
Councilor Maldonado and unanimously [6-0] approved by the Council Members present.
Doc. 46/09: Disposition – 35 Rear Bourque Street – (Tax Map 178, Lot 46) – Hous.
Cmt. – Approved
property located at 35 Rear Bourque Street (Map 178, Lot 46) to Gerry Bevan upon
in the form of a motion to approve the transfer and sale as presented. The motion was
535
Members present.
Doc. 72/09: Disposition – 10-12 Trenton Street – (Tax Map 129, Lot 5) – Hous. Cmt.
– Approved
report of the Housing Committee which contained no recommendation for award of title
to the real property subject to this item. Councilor Laplante presented a motion to accept
the report of the Housing Committee without a recommendation. The motion was
Members present.
Councilor Laplante then presented a motion for consideration of approval for the
transfer of title to City owned property located at 10-12 Trenton Street (Tax Map 129,
Lot 5) to Nelson Gonzalez upon payment of $2,384.00 with stated restrictions and
conditions. The motion was seconded by Councilor Maldonado.
Upon invitation of Council President Moran, Land Use Planner McCarthy
provided the Council Members with the reasons considered for the proposed award to
Mr. Gonzalez indicated that the recommendation is being presented even though Mr.
Gonzalez is not an abutter to the property indicated that this practice is contrary to the
Planning Office’s policy to give priority to offers presented by abutters.
Upon invitation of Council President Moran, Fernando DeJesus informed the
Council Members that his sister and sister’s family are direct abutters and have an interest
in purchasing the real property subject to disposition to enhance their home and yard. He
536
stated that they would have participated in the bid process but never got notice the
property was for sale. Upon further inquiry by Council President, Mr. DeJesus stated that
he made some inquiry directly to the Planning Office and informed Land Use Planner
McCarthy of his family’s interest in presenting a bid and offer about two months prior to
the bid.
Upon being recognized, Land Use Planner McCarthy discussed and explained the
particular bidders and offers made for the award of this property. He stated that one
abutter was not favorably considered due to the proposed use of the property for parking
to service nearby commercial property. Council President Moran pointed out that the
policy of the City is to prioritize bids and offers to purchase City owned property to
abutters and that notice provisions should be tailored to assure that abutters are given
proper notice.
Upon being recognized, Mr. Gonzalez informed the Council Members that he
intends to use the location for parking to be available to neighboring residents during the
winter and at other times as well. He stated that his plan is to also provide landscaping
that will beautify the lot to improve the area.
Council President Moran posed additional questions to Land Use Planner
McCarthy about measures taken by the Planning Department to market and provide
notice to potential purchasers in the neighborhoods and outside the area as well.
Upon being granted the floor, Councilor Maldonado asked Land Use Planner if
any of the notices to abutters were returned by the post office. Land Use Planner
McCarthy stated that none were returned.
537
Upon being granted the floor, Councilor Laplante asked Land Use Planner
McCarthy about the mailing of notices to residents and businesses near City property
offered for sale and whether or not there is any difference in the notice process to
residents and businesses.
Council President Moran commented that although Mr. Gonzalez has expressed a
continuous interest in purchasing the property and followed the process outlined by the
Planning Office, the policy of giving priority consideration to award City owned property
to abutters must be consistent.
Upon being granted the floor, Councilor Laplante stated that abutter notices have
to be sent with some reasonably reliability that such notices will actually reach the
intended target.
Upon being granted the floor, Councilor Twomey pointed out that Mr. Gonzalez
has maintained the property for ten years and that his persistence is consistent with his
intent to obtain ownership of the property. Based on these reasons, Councilor Twomey
stated that he will be voting favorably to award the property to Mr. Gonzalez.
Upon being granted the floor, Councilor Maldonado posed questions to Land Use
Planner McCarthy who discussed and explained the manner by which notices are
provided to abutters in any area where City owned property is to be sold.
Upon being granted the floor, Councilor Bernal discussed the designated zoning
of the real property subject to this sale. She also stated that more participants to the
program and better offers may result if notices of sale were sent not only to abutters but
also to others who may be interested in making an offer to purchase. She stated that it
538
may be better to “over notify” the sale of property. In conclusion, Councilor Bernal
stated she supports Mr. Gonzalez’s proposal as stated and recommended.
Upon being granted the floor, Councilor Aquino asked Land Use Planner
McCarthy if “For Sale” signs were used and posted on the properties subject for sale.
Mr. McCarthy stated that signs were not used in this instance and indicated that the
property had been subject to sale for a considerable period of time.
Members. Upon the motion of Councilor Laplante, as seconded by Councilor
Maldonado, the Council Members present voted unanimously [6-0] to approve the
transfer of title to the property located at 10-12 Trenton Street (Map 129, Lot 5) to
Nelson Gonzalez with stated restrictions and conditions upon payment of $2,384.00.
Doc. 180/09: Disposition – 341-343 Hampshire Street – (Tax Map 170, Lot 130) –
Hous. Cmt. - Approved
property located at 341-343 Hampshire Street (Map 170, Lot 130) to Aurizio Mendonca
upon payment of $3,320.00 with stated restrictions and conditions. The report was
presented in the form of a motion to approve the transfer and sale as presented. The
motion was seconded by Councilor Twomey and unanimously [6-0] approved by the
539
Doc.180/10: Disposition – 170 Myrtle Street – (Tax Map 170, Lot 5) – Hous. Cmt. –
Approved
property located at 170 Myrtle Street (Tax Map 170, Lot 5) to Raymond Rodriguez upon
in the form of a motion to approve the sale and transfer as presented. The motion was
seconded by Councilor Bernal and unanimously [6-0] approved by the Council Members
present.
Doc. 205/10: Disposition – 16-18 Willow Street – (Tax Map 170, Lot 3) –
property located at 16-18 Willow Street (Tax Map 170, Lot 3) to Lindorfo Silva and
Cristina Silva upon payment of $3,200.00 with stated restrictions and conditions. The
report was presented in the form of a motion to approve the sale and transfer as
presented. The motion was seconded by Councilor Twomey and unanimously [6-0]
VIII. WITHDRAWALS: - None
540
IX. OLD BUSINESS:
Council President Moran brought the following item to the attention of the
Council Members present and referred the matter to the Council Subcommittee as
indicated:
Doc. 255/04: Disposition – 64 Trenton Street (Tax Map 150, Lot 122A) – Daniel A.
McCarthy, Land Use Planner – Ref. to Housing
X. TABLED MATTERS:
Upon a motion presented by Councilor Laplante, as seconded by Councilor Aquino,
the Council Members present voted unanimously [6-0] to remove Doc. 400A/10 from the
table for further proceedings.
Doc. 400A/10: Revised Winter Parking Regulations – DOC SPLIT ON 11-1-11 –
PROPOSED SEC. 10.36.031 [SEE DOCS] – Approved
Council President Moran reviewed the proceedings concerning the “Winter
Parking Ban” ordinance conducted at public hearing on 11-1-11 and requested Acting
Public Works Director John Isensee to address the Council Members regarding the issues
concerning the proposed time frame of the “Winter Parking Ban”. Upon presentment, a
discussion between Council President Moran and Acting Public Works Director Isensee
ensued regarding the logistics of snowplowing operations during and after each snow
storm.
Upon being granted the floor, Councilor Laplante stated that the proposed parking
ban will have tremendous impact on the residents and visitors parking in Lawrence
during the months the ban is in effect [December until April]. He stated that he received
responses from residents both “for” and “against” the measure, comments and issues
541
raised concerning the length of time of the proposed daily ban [12:01 a.m. until 7:00 p.m.
the next day], and the manner which the ordinance will be enforced [citation and towing].
Councilor Laplante stated that the ideal situation for the proper implementation of an
effective “Winter Parking Ban” would be to create an ordinance that is only “in effect”
during an announced “snow emergency” rather than an ordinance that is effective during
time periods when there is no such emergency and possibly no snow to be plowed.
Councilor Laplante suggested that the effective daily time period should be from 12:01
a.m. to 3:00 p.m. [A discussion ensued between Councilor Maldonado and Director
Isensee about this proposed time frame and whether the snow could be removed during
this time period].
Councilor Laplante presented a motion to amend the original motion for approval
[presented by Councilor Rivera on 11-1-11 and seconded by Councilor Bernal]. Council
President recognized Councilor Laplante’s amended motion as a motion for approval of
the measure adjusting the time period of the ordinance to be daily, from 12:01 to 3:00
p.m. The amended motion was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Bernal commented that the prior 12:01 a.m.
to 6:00 a.m. window for snow removal is clearly insufficient to clear the streets of snow.
Upon further questions posed by Councilor Bernal, Acting Director Isensee informed the
Council Members that snow plow operators present requests to the Lawrence Police who
are in charge of the citation and towing of vehicles that may be in violation of the
alternate side parking provision. He stated that the snow plow operators are not involved
with this process and that their primary duties involved clearing the streets of snow as
542
quickly as possible. Acting Director Isensee reviewed the manner by which snow
removal operations would occur and that operations will continue even after the parking
ban may end at 3:00 to assure that all the school yards, City parking lots, and other areas
are free of snow. Councilor Bernal continued by discussing and reviewing comments
received from constituents and issues they raised during those conversations.
Upon being granted the floor, Councilor Maldonado discussed the prior ordinance
provision running the parking ban only from 12:01 a.m. to 6:00 a.m. daily and posed
further questions to Acting Director Isensee to determine if extending the proposed time
period from 12:01 a.m. to 3:00 p.m. will be sufficient to conduct snow removal
operations. [A discussion ensued between Councilor Maldonado and Director Isensee
concerning the implementation of the proposed ordinance and the extensive work during
and after each snow storm].
Upon being granted the floor, Councilor Twomey discussed the original proposal to
have the parking ban in effect from 12:01 a.m. to 7:00 p.m. daily.
Upon being granted the floor, Councilor Laplante stated that if the new ordinance is
approved it will be important to disseminate information to residents and visitors through
all available media outlet. [A discussion ensued between Council President Moran and
Director Isensee concerning public dissemination of information through media, signage,
and individual notice].
Upon being granted the floor, Councilor Maldonado posed further questions about
snow removal operations on streets not listed in the “Winter Parking Ban”.
543
Council President Moran pointed out that if the Council approves the measure, the
effective date would be on December 16, 2011 and suggested that the Council consider
waiving the thirty (30) day waiting period required by section 3.8(a) of the City Charter.
Upon being recognized, Councilor Bernal clarified that the proposed ordinance being
considered will provide an effective time period of the “alternate parking ban” to run
from 12:01 a.m. to 3:00 p.m. daily from December 15th through April 1st each year.
Council President Moran confirmed the information stated by Councilor Bernal.
Councilor Laplante reiterated his motion to approve and amend the effective time
period of the proposed ordinance to run from 12:01 a.m. to 3:00 p.m. daily from
December 15th through April 1st each year and to waive the 30 days waiting period
required by section 3.8(a) of The Lawrence City Charter. Councilor Bernal seconded the
motion and the City Council Members present voted unanimously [6-0] to approve the
measure presented.
Doc. 400A/10: Approved-30 Days Waived
XI. TABLED MATTERS:
22/10 New Automated Trash Collection and Allied Waste Services contract
544
Bernal
Council Pres. Moran
148/11 Parking – Merrimack Street – alternate side parking
XII. NEW BUSINESS:
209/11: Conflict of Personnel Policy vs. City Ordinance – review
Counc.Maldonado – Ref. to Ord. Cmt.
210/11: Street Parking – review for those not included in the alternate parking
ordinance – Counc. Maldonado – Ref. to Ord. Cmt.
211/11: Walnut Street – One way – extend from Alder Street to Arlington Street –
Counc. Maldonado – Ref. to Ord. Cmt.
212/11: Disclosure of Financial Interest by Municipal Employee – Frank Martin,
Lawrence Fire Department – Ref. to Ord. Cmt.
213/11: Tax Classification FY 2012 – Breda Daou, MAA Assessor – Ref. to B & F
217/11: Parking – Stafford Street – authorization for the posting of a “No Parking”
sign on the south side – Polartec, LLC, Kathleen A. Porter, Counsel – Ref.
to Ord. Cmt.
218/11: Surplus Declaration – 264 Colonial Road (Tax Map 57, Lot 1A) – Daniel
A. McCarthy, Land Use Planner – Ref. to Hsg. Cmt.
219/11: Fire Watch – Requirement – Revision to City Ordinance 8.04.110 – Jack
L. Bergeron, Fire Dept. Acting Chief – Ref. to Ord. Cmt.
ITEM ADDED AT THE MEETING
Insurance and Retirement – Reconsideration - defeated
Rules of the City Council and declare the measure an emergency in order to add this item
to the City Council Agenda to allow the Council Members to conduct further
545
proceedings. The motion was seconded by Councilor Laplante and unanimously [6-0]
Upon being granted the floor, Councilor Bernal stated that although the Council
Members approved this measure as a Home Rule Petition on November 1, 2011 she has
received information that the information presented by the proponents may not have been
as complete as it should have been and that additional information may result in a
different outcome had it been provided at the time the vote for approval was taken. She
informed the Council Members that it is her intention to present a motion to reconsider
the vote of approval of this measure for consideration of the Council Members.
Council President Moran informed the Council Members that he believes the
Home Rule Petition is already before the State Legislature for further action. He
suggested that even if “reconsideration” were successful, it may be more prudent to
directly contact Legislators of the City delegation to provide them with information that
may assist with the proceedings before the House of Representatives.
Upon being granted the floor, Councilor Laplante stated that information could be
sent to the legislature and it would more than likely be considered in those proceedings.
Council President Moran stated further that a letter was delivered to each of the
Council Members during the meeting held on November 1, 2011 from those opposing the
measure. However, the opponents chose not to appear and actively oppose the petition at
the public hearing held that evening despite knowing about the proceedings in advance.
546
Upon being granted the floor, Councilor Maldonado stated he would not be
changing his vote on this matter. He stated that the most important aspect of the measure
is to assure that substitute teachers remain eligible for retirement benefits.
Upon being granted the floor, Councilor Bernal stated that information being
provided to her appears to indicate that implementation of the Home Rule Petition
provisions are not sufficient budgeted which is contrary to the information provided to
the Council Members at the public hearing.
Council President Moran suggested that it may be necessary and important to
notify the Legislators directly.
Upon being granted the floor, Councilor Bernal stated her reasons for presenting
her motion to reconsider the vote on this item – and then presented a motion to reconsider
the vote of approval of the Home Rule Petition on this measure as presented before the
Council Members on November 1, 2011. The motion was seconded by Councilor
Aquino. [A discussion ensued among the Council Members concerning the effect that
reconsideration (if approved) may have on the measure as it is before the State
Legislature].
Upon being granted the floor, Councilor Twomey posed questions concerning the
information referenced by Councilor Bernal. Further discussion ensued among the
Council Members about the financial aspects of the petition approved on November 1,
2011.
547
Members. Upon vote of the Council Members present, the motion for reconsideration
was defeated as follows: Yes-3; No-3; Absent-3
Councilor Rivera - Absent
Doc. 196/11: Reconsideration - Defeated
XIII. ADJOURNMENT:
Upon Motion of Councilor Maldonado duly seconded by Councilor Aquino, the
ADJOURNED
(9:15p.m.)
Attest:
William J. Maloney
City Clerk
548
MINUTES OF THE SPECIAL MEETING
DATE: Thursday, December 1, 2011
A SPECIAL MEETING of the City Council was held on Thursday, December
No people were in attendance at this public session.
I. ACCEPTANCE OF MINUTES- none
II._PUBLIC PARTICIPATION- none
III. Communication from Mayor, City Officials and City Attorney – none
IV. APPROPRITIONS-ORDERS-RESOLUTIONS - none
V. PUBLIC HEARINGS - none
Doc. 213/11: Tax Classification FY 2012 – Breda Daou, MAA Assessor –
Council President Moran introduced the item and explained the necessity of
holding Special City Council Meeting on this item stating that meeting of the City
Council held early will assure the Council has sufficient time to set the FY 2012 Tax Rate
and that the Assessor’s Office in turn will have the ability to sent out tax bills in a timely
manner.
549
[Thursday, December 1, 2011]
Upon being recognized, Councilor Rivera presented the report of the Budget and
Finance Committee on the document presented and moved that the Council enter an order
for a public hearing. The motion was seconded by Councilor Aquino and unanimously
VII. WITHDRAWN – none
VIII OLD BUSINESS – none
XI. TABLED MATTERS:
22/10 New Automated Trash Collection and Allied Waste Services contract
Bernal
Council Pres. Moran
148/11 Parking – Merrimack Street – alternate side parking
XII. NEW BUSINESS – none
XIII. ADJOURNMENT:
550
[Thursday, December 1, 2011]
Upon Motion of Councilor Almonte duly seconded by Councilor Rivera, the
ADJOURNED
(7:05p.m.)
Attest:
William J. Maloney
City Clerk
551
DATE: Tuesday, December 6, 2011
A REGULAR MEETING of the City Council was held on Tuesday, December
Council Vice President Silva. Councilor Bernal arrived at 7:11 p.m.
Approximately Thirteen [13] persons were present.
of City Council Meetings conducted November 15, 2011 and December 1, 2011 were
Members.
accept the minutes. [Councilor Bernal was not present in the Council Chamber at the time
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke against violence
occurring more frequently in Lawrence. He asked the Council Members to consider
552
[Tuesday, December 6, 2011]
hiring more Police, Fire and Public Works personnel. He also suggested that no
additional cuts should be made to the City’s Public Safety Budget.
Richard Russell, 34 Cross Street, Lawrence, MA discussed the recent loss of
cruisers to damages and the lack of police equipment to properly conduct law
enforcement activities. He also asked why public hearings are not re-opened when new
amendments are made to the item being considered.
Doc. 215/11: Appropriation – FY 2012 Supplemental Budget – Budget and Finance
Cmt. – Approved
of the Budget and Finance Committee. Councilor Rivera moved that the Council
Members accept the report of the Budget and Finance Committee as presented which was
seconded by Councilor Maldonado and unanimously approved [8-0] by the Council
Members present.
Council Rivera then proceeded to introduce and report on each item subject to the
supplemental budget submitted for consideration.
ITEM #1: POLICE SALARIES AND WAGES - $177,937.00 [Code Number
012111-5110]:
Councilor Rivera presented the report of the Budget and Finance Committee to
approve the item presented recommending a supplement to Police Salaries and Wages in
the amount of $177,937.00. The motion was seconded by Councilor Bernal.
553
Upon being granted the floor, Councilor Twomey discussed cuts to the FY 2012
Budget made during the budget hearings amounting to almost $300, 000.00. Upon
inquiry, Overseer Robert Nunes stated that this section of the FY’2012 Budget needs to
be supplemented by the amount requested in order to provide for the services covered
through FY 2012. Councilor Twomey posed additional questions to Lawrence Police
Chief John Romero regarding the requested supplemental amount. A discussion ensued
among the Council Members concerning the necessity of providing for the supplemental
appropriation.
Upon being granted the floor, Councilor Maldonado commented that he is
concerned about five new officers added to the Police Department without Council
approval and that any additional hiring be carefully monitored.
Upon being granted the floor, Councilor Laplante posed questions to Chief
Romero concerning the use of the $300,000.00 culled from the FY 2012 Budget earlier in
the year intended to be used by Lawrence Police Department. A discussion ensued
between Chief Romero and Councilor Laplante regarding hiring and financial ability to
hire additional police. Councilor Laplante commented that the supplemental budget
amount does not provide for additional police vehicles that need to be replaced.
Comptroller David Camasso about the manner which the five additional police officers
are paid.
Upon being granted the floor, Councilor Rivera commented that the quarterly
report is not sufficiently detailed to see the increase in personnel.
554
Upon being recognized, Budget & Finance Director Mark Ianello discussed and
explained how five additional officers were added to the FY 2012 Police Department
Budget.
Upon continuing, Councilor Maldonado stated that it is meaningless for the
Council to render approvals for specific personnel positions. Budget Director Ianello
agreed stating that Council only approves the amount funded and not positions.
Upon being granted the floor, Councilor Rivera commented that adding five
additional police officers is favorable to the public safety in Lawrence.
Upon being granted the floor, Councilor Almonte posed questions to Chief
Romero about the placement of the five additional officers. Chief Romero stated the
additional officers were assigned to patrol duties. Councilor Almonte posed further
questions about the method and manner of assigned officers to “police details”.
present, Council President Moran called the motion for approval to the attention of the
Council Members. Upon the motion for approval presented, the Council Members
present voted unanimously [8-0] to approve supplementing the FY 2012 Budget for
Police Salaries and Wages in the amount of $177,937.00.
215/11: Item #1- Approved
ITEM #2: VETERAN’S BUYOUT – 13,414.00 [Code Number 015110-5110]:
approve the item presented recommending a supplement to the Veteran’s Buyout in the
amount of $13,414.00. The motion was seconded by Councilor Maldonado.
555
Councilor Rivera explained that the title on this item is somewhat misleading in
that the amount of the item represents an amount due to former Veteran’s Services
Director Francisco Urena who recently resigned from the position in order to take a
similar position in Boston. He stated that the resignation was not expected and the
amount represents monies due to Mr. Urena for sums earned benefits and services.
Upon no further comment, discussion or inquiry into this matter, the Council
Members present voted unanimously [8-0] to approve supplementing the FY 2012
Budget for Veteran’s Buyout in the amount of $13,414.00.
215/11: Item #2 - Approved
ITEM #3: CARPENTER’S SETTLEMENT – ARBITRATION - $34,000.00 [Code
Numbers 014080-5110; 01004080-5150; 014080-5196]:
approve the item presented recommending a supplement to the Carpenter’s Settlement –
Arbitration in the amount of $34,000.00. The motion was seconded by Councilor
Almonte.
Upon inquiry by Councilor Laplante, Acting Public Works Director Isensee
discussed the arbitration award and explained that the amount requested is an amount
reached after reaching a settlement with the union involved.
Upon being recognized, Overseer Nunes informed the Council Members that
there are likely to be additional settlements reached due to a variety of pending
grievances.
Upon being granted the floor, Councilor Rivera stated that the grievance process
is preferred if only to determine which matters subject to arbitration are reasonable and
556
which of those are not reasonable. He stated that some grievances may be lost while
other will be successful in the course of municipal operations.
Upon being granted the floor, Councilor Twomey suggested that the costs of
arbitration and grievance awards should be estimated. Budget & Finance Director Ianello
informed the Council Members that estimating the cost of grievances is not possible since
the occurrence of any grievance is speculative at best and any resulting award is even
more speculative.
Upon being granted the floor, Councilor Laplante presented a motion to send a
letter to the City Attorney to provide the City Council Members with a list of pending
grievances and an estimated cost. The motion was seconded by Councilor Maldonado
Upon no further comment or discussion offered, the Council Members present
voted unanimously [8-0] to approve supplementing the FY 2012 Budget for Carpenter’s
Settlement – Arbitration in the amount of $34,000.00.
215/11: Item #3 - Approved
ITEM #4: DPW DIRECTOR – SALARIES AND WAGES - $104,208.00 [Code
Number 014010-5110]:
Councilor Rivera presented the report of the Budget and Finance Committee not
to supplement the DPW Director – Salaries and Wages in the amount of $104,208.00.
The report was presented in the form of a motion not to approve the requested
supplemental appropriation. The motion was seconded by Councilor Bernal to
accommodate discussion.
557
Upon being granted the floor, Councilor Bernal commented that Acting Public
Works Director Isensee is doing a good job. Councilor Bernal then posed questions to
Acting Director Isensee about the removal of the budget amount during the FY 2012
Budget hearings held this past June.
Acting Director Isensee informed the Council Members that the salary of the
Acting Public Works Director is currently supplemented by funds allocated to pay
salaries in other positions. A discussion ensued between Acting Director Isensee and
Councilor Bernal regarding Public Works positions. Further discussion ensued between
Patrick J. Blanchette, Chief Economic Development Director and Councilor Bernal
regarding funding the Public Works Director position.
Upon being recognized, Budget & Finance Director Ianello provided additional
information concerning the manner how salaries for Public Works positions are funded.
Upon being granted the floor, Councilor Rivera stated that the Council voted not
to fill or fund the Public Works Director position in the FY 2012 Budget process for a
reason. He stated that the present focus of the Council should be on finding someone
suitable to the Council to fill the Director’s position.
Upon being granted the floor, Councilor Twomey stated that he voted against the
cut in June when it was presented. Upon inquiry, Budget Director Ianello stated that
although the cuts voted by Council were not directly reflected in a copy of the FY 2012
Budget document, there was a summary developed and available for reference.
Upon no further comment or discussion offered, the motion presented to not
supplement the FY 2012 Budget for DPW Director – Salaries and Wages in the amount
558
of $104,208.00 was defeated by the following vote of the Council Members present:
Yes-2; No-6; Absent-1
Upon being recognized, Councilor Maldonado presented a motion to approve
supplement the DPW Director – Salaries and Wages in the amount of $104,208.00. The
motion was seconded by Councilor Almonte. Upon no further comment, discussion or
inquiry into this matter, the Council Members voted to approve supplementing the DPW
Director – Salaries and Wages in the amount of $104,208.00 as follows: Yes-7; No-1;
Absent-1
215/11 - Item #4- Approved
ITEM #5: CITY CLERK/ELECTIONS – PERSONNEL SERVICES - $5,000.00
[Code Number 010620-5300]:
approve the requested supplement to the City Clerk/Election Division Budget for
559
Personnel Services in the amount of $5,000.00. The report was presented in the form of a
motion to approve the request. The motion was seconded by Councilor Maldonado and
Doc. 215/11: Item #5 Approved
ITEM #6: CITY PHYSICIAN – STIPEND - $15,000.00 [Code Number 0124505110]:
approve the requested supplement to the City Physician Budget in the amount of
$15,000.00. The report was presented in the form of a motion to approve the request
Upon being recognized, Chief Economic Development Director Patrick J.
Blanchette explained the reason for the amount requested.
Council President Moran invited Building Commissioner Peter Blanchette to
provide information concerning the duties and responsibilities of Dr. Gorn as City
Physician.
Council President Moran called the motion to approve to the attention of the Council
Members. Upon no further comment, discussion or inquiry into this matter, the Council
Members unanimously [8-0] approved the item presented.
560
ITEM #7: THIRD ASSSESSOR – SALARIES AND WAGES - $12,500.00 [Code
Number 010331-5110]:
approve the requested supplement to fund the appointment of a Third Assessor in the
$12,500.00. The report was presented in the form of a motion to approve the request
Council President Moran posed questions to Budget & Finance Director Ianello
about the hiring process of a third Assessor.
Council President Moran called the motion to the attention of the Council Members
present unanimously approved [8-0] the item presented.
ITEM #8: INSPECTIONAL SERVICES - $7000.00 [Code Numbers 012410-5380;
012410-5343]:
approve the requested supplement to provide additional funding to the Inspectional
Services Office in the amount of $7,000.00. The report was presented in the form of a
motion to approve the request which was seconded by Councilor Maldonado.
Upon being granted the floor, Councilor Maldonado posed questions to Peter
Blanchette, Acting Inspectional Services Commissioner, concerning inspections
completed by the Inspectional Services inspectors. Commissioner Blanchette informed
the Council Members that the additional appropriation is necessary in order to complete
anticipated inspections through this fiscal year. Councilor Maldonado asked
561
Commissioner Blanchette to provide the Council Members with a list of any inspections
completed “after hours” to date. The request was presented in the form of a motion to
amend the motion for approval which was accepted by Councilor Rivera. Commissioner
Blanchette stated he would provide the requested information. A discussion ensued
between Council President Moran and Commissioner Blanchette concerning the manner
which staff was assigned to conduct “after hour” inspections.
Upon being granted the floor, Councilor Laplante stated that it may be more
economical for the City to hire someone specifically assigned to conduct “after hour”
inspections and create a work day that will allow for “straight time” salary payment for
services during a regular work day that may begin at a later hour than other inspector.
Upon inquiry of Councilor Rivera, Commissioner Blanchette suggested that two
emergencies and two weekly inspections will result in 48 additional inspections.
Upon being granted the floor, Councilor Maldonado and Commissioner
Blanchette discussed the method and manner of overtime assignment considering current
union regulations. Councilor Maldonado and Commissioner Blanchette discussed the
recent submission of the “action plans” submitted by the Police Department, Fire
Department, and Inspectional Services Department and plans to implement the plan.
ITEM #9: RAVITCH BRIDGE DETAIL - $89,100.00 [Code Number 010413-5305]:
562
approve the requested supplement this item in order to pay an arbitration award for cited
violation of the patrolman’s union agreement by the City of Lawrence resulting from
“flag men” oversight of the Ravitch Bridge Detail in the amount of $89,100.00. The
report was presented in the form of a motion to approve the request which was seconded
by Councilor Maldonado.
Upon invitation, Police Chief Romero explained the amount subject to this
request is due to an arbitration award against the City of Lawrence for improper use of
“flag men” to conduct oversight of repairs to the Ravitch Bridge. He explained that the
Patrolman’s Union filed a grievance for violation of the contract provision that requires
such details be staffed by police officers. He stated the resulting arbitration found the
City of Lawrence was in violation of the union contract and the amount represents the
award assigned for that violation.
Upon being recognized, City Attorney Boddy informed the Council Members that
the amount is a payment that has to be made or the City of Lawrence will face additional
fines in this matter.
Upon being granted the floor, Councilor Almonte posed questions to Attorney
Boddy about the arbitration and result. A discussion ensued among Council Members
and Attorney Boddy about the contract term violated.
563
ITEM #10: FUEL SURCHARGE – TRASH CONTRACT - $115,000.00 [Code
Number 014052-5300]:
approve the requested budget supplement for additional funding to pay fuel surcharges
incurred through the trash contract in the amount of 115,000.00. The report was
presented in the form of a motion to approve the request which was seconded by
Councilor Maldonado.
expense incurred. He stated that he is concerned about the manner by which the
surcharge was calculated through means based solely on figures advanced by the
contractor without independent verification.
Council President Moran posed questions to Budget & Finance Director Ianello
regarding the contract provision pertaining to the surcharge and its calculation. Budget
Director Ianello reviewed the contract provision and how the amount was calculated. He
stated further that the amount presented appears to be accurate.
ITEM #11: OVERTIME – CONTAINERS/RECORDS – DPW - $9,000.00 [Code
Numbers 014042-5380; 01042-5130]:
564
approve the requested budget supplement for additional funding to pay the cost of
overtime incurred by the Public Works Department maintaining the storage containers
held by the City of Lawrence in the amount of 9,000.00. The report was presented in the
form of a motion to approve the request which was seconded by Councilor Maldonado.
Upon invitation, Acting Public Works Director John Isensee explained how the
cost of this item and the reason for presenting the supplemental appropriation. A
discussion ensued between Councilor Laplante and Acting Director Isensee about the
contents of the storage file pods. Councilor Laplante suggested that the cost of storage
might be shared with the School Department since many of the materials in the storage
containers belongs to the School Department.
ITEM #12: OCTOBER SNOW – PERSONAL SERVICES - $20,000.00 [Code
Number 014090-5130]:
approve the requested budget supplement for additional funding to pay the cost incurred
for snow removal incurred by the Public Works Department during the October snow
storm in the amount of 20,000.00. The report was presented in the form of a motion to
approve the request which was seconded by Councilor Maldonado.
565
present unanimously approved [8-0] the item presented
ITEM #13: ADVERTISING – DELINQUENT TAXES AND FEES - $63,000.00
[Code Number 014341-5344]:
approve the requested budget supplement for additional funding to pay the cost of legal
advertising expected to be incurred during the process of collecting outstanding taxes and
fees due to the City of Lawrence in the amount 63,000.00. The report was presented in
the form of a motion to approve the request which was seconded by Councilor
Maldonado.
Upon being granted the floor, Councilor Rivera explained the reason for the
supplemental request which was confirmed by Budget & Finance Director Mark Ianello.
ITEM #14: OVERLAY - $200,000.00 [Code Number – NOT APPLICABLE]:
Councilor Rivera presented the report of the Budget and Finance Committee for
the approval the requested supplemental budget allocation for the City of Lawrence Tax
Recap Overlay in the amount of $200,000.00. The report was presented in the form of a
motion to approve which was seconded by Councilor Maldonado.
566
Upon the invitation of Councilor Laplante, Budget & Finance Director Mark
Ianello informed the Council Members of the reason for presenting the requested
supplemental appropriation.
Councilor Laplante posed questions to Budget & Finance Director Ianello about
the abatement account and manner of that abatements are implemented.
ITEM #15: SNOW AND ICE DEFICIT - $425,788.00 [Code Number – NOT
APPLICABLE]:
the approval the requested supplemental appropriation for snow and ice deficit in the
amount of $425,788.00. The report was presented in the form of a motion to approve
which was seconded by Councilor Aquino.
A discussion ensued among the Council Members regarding the appropriation and
allocation of the funds.
567
ITEM #16: WATER AND SEWER CROSS CONNECTOR SALARY - $2,239.00
[Code Number – 294210-5110]:
the approval the requested supplemental appropriation to be applied for outstanding
salaries incurred for this item in the amount of $2, 239.00.
Upon being recognized, Acting Public Works Director John Isensee and Budget
& Finance Director Ianello discussed and explained the reason for the supplemental
request. Budget Director Inanello additional explained the use of the MUNIS system and
its application to the payroll process.
Upon being granted the floor, Councilor Rivera presented a motion to approve
the item presented which was seconded by Councilor Maldonado. Upon no further
comment, discussion or inquiry by the Council Members present, Council President
Moran called the motion to the attention of the Council Members present unanimously
approved [8-0] the item presented
Doc. 215/11: Appropriation – FY 2012 Supplemental Budget – Budget and Finance
Cmt. – Approved
Upon being granted the floor, Councilor Rivera moved to approve each item
presented and approved in Document 215/11 as a supplemental appropriation to the FY
2012 Budget for the City of Lawrence. The motion was seconded by Councilor Almonte
568
Councilor Maldonado presented a motion to take document 217/11 out of the
order appearing on the agenda. The motion was seconded by Councilor Almonte and
Doc. 217/11: Parking – Stafford Street – authorization to the posting of “No
Parking” sign on south side – Polartec – Ord. Cmt. & Public Hearing ordered
of the Ordinance Committee to accept the report. The motion was seconded by
Councilor Almonte and unanimously [8-0] approved by the Council Members present.
Councilor Bernal presented a motion to order a public hearing on the measure
presented, as seconded by Councilor Almonte.
Upon being recognized, Officer Eugene Scanlon provided the Council Members
with his report of the matter and stated that an amendment to the Municipal Code is
necessary to provide for no parking on the north and south sides of Stafford Street.
Upon no further inquiry comment or discussion, the Council Members present
voted unanimously [8-0] to order a Public Hearing on the item presented.
569
Doc. 207/11: Transient Vendor – Felix Vargas – 82 Bennington Street – Ord. Cmt. –
Approved
VII. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 216/11: Appropriation – Snow and Sanding – authorization to exceed in
accordance with Chapter 44, Section 31D, MGL –
Budget and Finance Committee – Approved
from the Budget & Finance Committee in the form of a motion to approve the
appropriation in accord with the provisions of G.L. c. 44, Sec. 31D. The motion was
Members present.
Doc. 167/11: Tax Amnesty – Review, update and report – Budget and
Finance Cmt. - Tabled
from the Budget & Finance Committee in the form of a motion to approve the measure
presented.
570
Upon invitation, Budget & Finance Director Mark Ianello explained the
delinquent tax data submitted to Council for their information. Councilor Rivera further
explained the data to the Council Members present.
Upon being granted the floor, Councilor Twomey posed questions to Budget
Director Ianello about the Tax Amnesty Program who explained the manner which the
tax amnesty program is implemented.
Upon conclusion, Councilor Twomey moved to send a letter to the Budget &
Finance Director Inanello requesting that he investigate the Tax Amnesty Account. The
motion was seconded by Councilor Almonte and unanimously [8-0] approved by the
A discussion ensued between Councilor Laplante and Budget Director Ianello
regarding the reports of delinquent taxes and the City Of Lawrence. Budget Director
Ianello explained the differences between tax delinquent determinations and tax title
pursuits.
Council President Moran posed questions to Budget Director Ianello back taxes
collected in the amount of approximately $289,000.00. Budget Director Ianello informed
the Council Members that approximately 92%–94 % of all property taxes are paid in the
first billing cycle.
Upon being granted the floor, Councilor Almonte posed questions about the City
of Lawrence appearing on the list of delinquent tax payers. Budget Director Ianello
stated that the City Of Lawrence should not be listed as being tax delinquent and stated
571
that he would look into the matter to determine its accuracy with the assistance of Tax
Assessor Breda Daou.
Upon no further inquiry, comment or discussion Councilor Rivera moved to table
the matter. The motion was seconded by Councilor Almonte and unanimously [8-0]
Doc. 167/11: Tabled
Doc. 155/11: Tax Credit for Senior Volunteers – Ord. Cmt.
report was presented in the form of a motion which was seconded by Councilor Aquino
and unanimously approved by the Council Members present [8-0].
Doc. 208/11: National Grid & Verizon, New England – request permission to locate
poles, wires and fixtures on Market Street – Ord. Cmt. - Public Hearing ordered
report was presented in the form of a motion which was seconded by Councilor Almonte
and unanimously approved by the Council Members present [8-0].
Doc. 212/11: Disclosure of Financial Interest of Municipal Employee – Frank
Martin – Ord. Cmt. – Approved
572
from the Ordinance Committee in the form of a motion to approve the measure presented.
The motion was seconded by Councilor Almonte and unanimously approved [8-0] by the
Doc. 219/11: Fire Watch Requirement – Revision of Ordinance 8.04.110 – Ord.
Cmt. - Public Hearing ordered
present [8-0].
IX. WITHDRAWALS:
Doc.169/11: Stop Sign– 4 way – Tower Hill and Oregon Avenue –
Upon being recognized, Councilor Bernal presented a motion to withdraw the
above matter from the Council Agenda. The motion was seconded by Councilor Aquino
and unanimously approved by the Council Members present [7-0][Councilor Almonte
being absent from the Council Chamber at the time the vote was recorded].
Attorney Charles Boddy – presence requested – Counc. Maldonado – Tabled
573
Councilor Maldonado presented a motion to remove the item from the table. The
motion was seconded by Councilor Aquino and unanimously approved by the Council
Members present [7-0][Councilor Rivera being absent from the Council Chamber at the
time the vote was recorded].
Councilor Maldonado informed the Council Members that City Attorney Boddy
made inquiry to Essex County District Attorney Jonathan Bodget regarding the City
Council’s desire to pursue prosecution of individuals involved with possible crimes
committed against the City of Lawrence. He stated that he was informed by Attorney
Boddy that the Essex County District Attorney did not have any current interest in
pursing such prosecution and requested that a letter be sent to District Attorney Bodget
through Attorney Boddy to invite him to the next City Council Meeting to address the
City Council Members on this matter. The motion was seconded by Councilor Aquino
Upon being recognized, Councilor Almonte moved to re-table the matter which
was seconded by Councilor Twomey and unanimously [8-0] approved by the Council
Members present.
Doc. 139/11: Letter - Tabled
Doc. 188/11: NECC’S Construction Site on Common Street – update and timeline –
Council Pres. Moran – Tabled
Councilor Almonte presented a motion to remove the item from the table which
was seconded by Councilor Rivera and unanimously approved by the Council Members
present [8-0].
574
Council President Moran informed the Council Members that the Lawrence
Parking garage and In-Town Mall structure on Common Street was scheduled to be
demolished soon. A discussion ensued among the Council Members regarding this
matter.
Upon being granted the floor, Councilor Maldonado suggested that there may be
issues pertaining to the past construction of the structure and it may be worth
investigating whether or not a “breach of contract” claim should be pursued for the
failure of the contractor to construct the Lawrence Parking Garage/In-Town Mall
properly. He moved to send a letter to the City Attorney to determine if the matter should
be pursued. The motion was seconded by Councilor Almonte and unanimously [8-0]
Councilor Almonte moved to re-table the item which was seconded by Councilor
Rivera and unanimously [8-0] approved by the Council Members present.
Doc. 188/11: Letter - Tabled
X. OLD BUSINESS: - None
XI. TABLED MATTERS:
575
355/10: Lawrence Street – closing between Haverhill and Lebanon Streets at the
139/11: Misuse of Funds – legal options – Comptroller David Camasso & City
58/11: Zoning Change – Jacques Pond – from OSR to Conservation –Counc.
Bernal
188/11: NECC’S Construction Site on Common Street – update and timeline –
Council Pres. Moran
148/11: Parking – Merrimack Street – alternate side parking
Doc. 226/11: Illegal Dumping – amending the Home Rule Petition (Agenda Item
#110/11) – Councilor Laplante – Public Hearing Ordered
Upon being recognized, Councilor Laplante moved to suspend the Rules of the
City Council and declare the above item an emergency in order to allow the City Council
to presently address the item and consider taking immediate action. The motion was
seconded by Councilor Twomey and unanimously [8-0] approved by the Council
Members present.
Upon being granted the floor, Councilor Laplante informed the Council Members
that the original item [Doc. 110/11] appearing as Home Rule Petition which was
approved and forwarded to the State Legislature for further proceedings in order to adopt
a method of issuing fines and pursuing other matters before the Court as necessary. He
explained that Representative Marcos Devers informed him that the House of
Representatives suggest that an additional provision that will allow for alternative civil
proceedings against certain violators be included in the legislation which would require
approval by the City Council Members and the Mayor in order to effectuate that
amendment.
576
Councilor Laplante presented a motion that a public hearing be ordered on the
amended version of the Home Rule Petition in order to create an amended version of the
Home Rule Petition with the civil component included and to place the item into the
approval process as soon as possible. The motion was seconded by Councilor Rivera and
XII. NEW BUSINESS:
Council Members present and referred each to the Council Subcommittee for further
proceedings as indicated:
221/11: Second Hand Dealer License – 243 Broadway – Jorge Lora
Ref. to Ord. Cmt.
222/11: Loading Zone – 243 Broadway – Lisette Tejeda
Ref. to Ord. Cmt.
223/11: Bodwell Street – closing between School Street and Warren Street at the
time of dismissal of the Guilmette School (school days from 2:30 p.m. to
3:30 p.m.) – Counc. Aquino – Ref. to Ord. Cmt.
224/11: Fences in the City – creation of a requirement that regardless of height,
necessitate obtaining a building permit – Counc. Bernal – Ref. to Ord.
225/11: Stop Sign – South Street/South Union Street Bridge merge to South
Broadway – Counc. Laplante – Ref. to Ord. Cmt.
227/11: Transient Vendor License – Jose Luis Rosa – 362 Ames Street, Lawrence,
MA – Ref. to Ord. Cmt.
228/11: Parkland Acquisitions and Renovation for Communities (PARC) Program
resolution for Phase II improvements to Campagnone Common Park – Sue
Fink, Community Development Department, Manager of Financial and
Administrative Services – Ref. to Housing Cmt.
229/11: Amendment to Fire Watch Ordinance Sec. 8.04.110c – “Lien for Fire
Watch Services”- City Atty. Charles D. Boddy – Ref. to Ord. Cmt.
220/11: Appointment– Lawrence Fire Dept.–Fire Chief–Acting Fire Chief Jack
Bergeron–recommendation- Mayor Lantigua – Ref. to Personnel Cmt.
577
XIII. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Twomey, the
ADJOURNED
(10:08p.m.)
Attest:
William J. Maloney
City Clerk
578
A SPECIAL MEETING of the City Council was held on Tuesday, December
13, 2011 at 7: 06 p.m. in the City Council Chamber with all Members present, except for
Approximately three [3] persons were present.
Doc. 213/11: Tax Classification FY 2012 – Breda Daou, MAA Assessor – Public
Hearing Held – Approved @ 1.73% & 30 Days Waived
At the request of Council President Moran, the City Clerk read the public hearing notice
regarding the above as published. Upon the conclusion of the Clerk’s reading of the
public notice, Council President Moran opened the public hearing portion of the
Council Members.
579
Upon being recognized, Councilor Rivera presented a motion to approve the Tax
Classification FY 2012 at the rate of 1.70. The motion was seconded by Councilor
Aquino.
Upon request of Council President Moran, City Assessor Daou, Assistant
Assessor Alexcy Vega, and Budget and Finance Director provided a power point
presentation explaining the manner which taxation and valuation is calculated for FY
2012 and demonstrated the resulting tax with various rates of taxation applied.
Upon being recognized, Councilor Bernal posed questions to Budget Director
Mark Ianello concerning the various tax rates presented and the resulting tax to taxpayers.
that the various tax rates go to the tax levy limit. He provided the Council Members with
a comparative chart demonstrating the differences in taxation to the various categories of
taxpayers when applying the rate of 1.70 as compared to a rate of 1.75. The information
provided the average tax assessed in 2011. He also explained the inter-relation between
the budget process and the process of setting the tax rate stating that based upon expected
revenues taxes will increase. He explained the average differences between establishing
a tax rate and its impact upon the various categories of assessment.
Upon being granted the floor, Councilor Maldonado stated that 60% of the tax
burden is carried by the residential owner. He suggested a rate set at 1.70 per cent may
be too low stating that high unemployment and low income in Lawrence makes it
difficult for any taxpayer to pay an increase in taxes. Councilor Maldonado stated he
cannot support the rate of 1.70 as presented in the motion for approval.
580
Upon being granted the floor, Councilor Bernal posed questions to Assistant
Assessor Vega regarding the proposed decrease in value to residential property. She
discussed the fact that taxes will be increased regardless of the rate approved by Council.
Councilor Bernal also discussed the Department of Revenue definition of “residential”
real property in relation to tax rates.
Budget & Finance Director Ianello explained that taxes will go up on average. He
stated that overall some taxpayers will pay more while others will pay less.
Councilor Bernal continued and posed questions to Assistant Assessor Vega
concerning the tax abatement process. Assistant Assessor Vega stated that tax abatement
requests must be filed 30 days after tax bills are issued. He stated that abatements must
be filed by February 1, 2012. Councilor Bernal also explained that there is a pending
public hearing for the City Council to consider adopting state law that will allow for
senior citizens to apply for tax credit for service [G.L C.59 Sec.5K] which is before the
Lawrence City Council on December 20, 2011.
Upon being granted the floor, Councilor Laplante posed questions to Budget
Director Ianello regarding the percentage of tax burden assigned to each category of rate
payer presented in the power point presentation. Assistant Assessor Vega explained that
the percentage of the tax burden does not vary more than about 1%. Director Ianello
stated that setting the tax rate establishes a climate among all taxpayers which provides
certain incentives and disincentives among rate payers. Councilor Laplante commented
that his constituents notice that despite taxes being increased there is a decrease in City
service. He discussed the reduction of public safety services and the unstable business
581
environment that make Lawrence less attractive to those who may be considering
establishing residence or a business in Lawrence.
Upon being granted the floor, Councilor Almonte stated that she concurs with
Councilor Maldonado and Councilor Laplante in principal. She stated that residential
rate payers are those who will be impacted by an increase.
Upon being granted the floor, Councilor Twomey commented that businesses
have the ability to file for tax abatements, pass on the tax increase through increased
prices for their product, and through tax write-offs. Councilor Twomey stated he would
does not support the rate at 1.70 per cent but would consider the rate at 1.73 percent.
Council President Moran commented that the City Council is obliged to establish
a tax rate and that it may be some other rate than the rate proposed in the motion
currently on the table. He stated that it is a priority of the City Council to create jobs and
generate revenue through development of a favorable commercial atmosphere. He stated
that an increased commercial tax rate will directly impact the consumer who will
ultimately absorb any tax increase.
Upon being granted the floor, Councilor Maldonado proposed that Councilor
Rivera accept an amendment to his motion to provide for a tax rate to be established at
1.72 percent. Councilor Rivera accepted the amendment which was seconded by
Councilor Aquino.
Upon being granted the floor, Councilor Rivera commented that there are
additional tax breaks that may be available to senior citizens through the State Tax code.
582
He commented that there are more residential tax payers than commercial rate payers to
bear the tax burden.
Upon being granted the floor, Councilor Laplante pointed out information
available on the proposed 1.72 rate. Upon being recognized, Budget Director Ianello
discussed and explained the result if the rate were established at 1.72.
measure presented by Councilor Rivera with the accepted amendment proposed by
Council Maldonado to establish the tax factor rate at 1.72 percent, duly seconded by
Councilor Aquino, the Council Members present defeated the motion by roll call vote
recorded as follows: Yes-5; No-3; Absent-1
Councilor LaPlante -No
Council Vice President Silva - Absnet
Upon being recognized, Councilor Laplante presented a motion to approve the tax
factor rate at 1.75 percent. The motion was seconded by Councilor Almonte and defeated
by roll call vote of the Council Members as follows: Yes-3; No-5; Absnet-1
583
Councilor LaPlante - Yes
Upon being recognized, Councilor Almonte presented a motion to approve the tax
factor rate at 1.73 percent. The motion was seconded by Councilor Maldonado and
approved by roll call vote of the Council Members present as follows: Yes-6; No-2;
Absent-1
Councilor LaPlante -No
Council Vice President Silva - Absnet
Councilor Rivera presented a motion to waive any applicable 30 day waiting
period pursuant to section 3.8(a) of The Lawrence City Charter. The motion was
Present [8-0].
Doc. 213/11: Approved rate at 1.73 percent - 30 Days Waived
584
IX. TABLED MATTERS:
22/10:
287/10:
323/10:
351/10:
355/10:
120/11:
139/11:
58/11:
188/11:
148/11:
167/11
Police – update
Bernal
Council Pres. Moran
Parking – Merrimack Street – alternate side parking
Tax Amnesty – review, update and report – Counc. Rivera & Bernal
XI. ADJOURNMENT:
Upon Motion of Councilor Almonte, seconded by Councilor Rivera, the Council
ADJOURNED
(8:14p.m.)
Attest:
William J. Maloney
City Clerk
585
A REGULAR MEETING of the City Council was held on Tuesday, December
20, 2011 at 7: 00 p.m. in the City Council Chamber with all Members present.
of City Council Meetings conducted December 6, 2011 and December 13, 2011 were
Members.
accept the minutes.
Upon being recognized, Councilor Rivera commended the City Clerk for assuring
the Council Members received the minutes of prior Council Meetings in a timely manner
throughout the year.
586
Homayoun Maali, 53 Chester Street, Lawrence, MA stated that Public Safety is
the most important issue in Lawrence as 2011 draws to a close. He commented further
by stating that Public Works Department personnel require working equipment in order
to do the worked asked of them.
Richard Russell, 34 Cross Street, Lawrence, MA stated that the City Council
Members should send a letter of censure to the Mayor for hiring flag men instead of
police officers as required by union contract resulting in the claim supported by
arbitration action against the City of Lawrence. He also posed questions about the
manner which the winter parking ordinance will be enforced. Mr. Russell also asked
about the location of the new parking meters running along Broadway to the Methuen
line as well as the parking meter enforcement staff.
Julien Caron, 378 Haverhill Street, Lawrence, MA asked about the Parking Meter
enforcement. He informed the Council Members about the parking difficulties resulting
near and around his home.
Doc. 155/11: Tax Credit for Senior Volunteers – Public Hearing held - Approved
Council Members.
587
measure presented and stated that the measure provides statutory allowances which will
allow seniors to obtain real estate tax credits through the abatement process for volunteer
services provided to the City of Lawrence. She stated that the intent was to approve a
plan that the City of Lawrence would make a tax abatement available to approximately
100 volunteers and that each earned credit for abatement would not be more than $500.00
per volunteer. The motion was seconded by Councilor Rivera.
Upon being granted the floor, Councilor Laplante posed questions to Councilor
Bernal who discussed how the measure would be implemented through the efforts of
Senior Director Martha Velez at the Senior Center similar to such programs implemented
in other cities and towns.
Councilor Laplante discussed the manner and method of how individuals could
obtain information about the program with Council President Moran who stated that
Senior Center Director Martha Velez will be responsible for implementation and
administration of the program once it is in place.
Council Members present to consider the matter presented. Upon a motion to approve
588
the measure presented by Councilor Bernal, as seconded by Councilor Rivera, the
Council Members present unanimously [9-0] approved the measure.
Doc. 208/11: National Grid and Verizon, New England, Inc. – request permission to
locate poles, wires and fixtures on Market Street – Public Hearing held –
Tabled/Letter
Michelle Stacey of National Grid appeared on behalf of both petitioners and
provided information about the project to the Council Members.
Upon being recognized, Mayor Willaim Lantigua of 86 Boxford Street,
Lawrence, MA stated that he does not support dual pole location installations in general.
He suggested the Council Members review double pole location installations that
currently exist in the City of Lawrence and that serious consideration be given to such
petitions so they are not routinely allowed.
Russell Jacques, 88 Forest St., Methuen, MA, appeared and informed the Council
Members that he owns a business near the location of the proposed installation subject to
the petition. He expressed his concern about the loss of power that will occur when the
589
work is in progress and stated that the petitioners have not provided any estimate of the
length of time that power will be out of service. He also informed the Council Member
that the proposed location of the replacement pole will be directly in front of the windows
of this office/business.
Upon being granted the floor, Councilor Laplante presented a motion to defeat the
measure presented which was seconded by Council Vice President Silva.
Upon being granted the floor, Councilor Bernal suggested that it may serve the
Council Members and all concerned to table the petition rather than disapprove the item
which will result in the petitioner not being able to address the matter for one year
pursuant to the Rules of the City Council. She stated that tabling the item will allow the
Council to obtain more information from the petitioner and will also allow the Council
the opportunity to approve the petition should the work be necessary or required to
provide service to the area residents and businesses.
Upon being granted the floor, Councilor Laplante stated that the City Council had
requested double pole location information from the petitioners some time ago.
Upon inquiry by Councilor Rivera, Ms. Stacey from National Grid informed the
Council Members that she estimates that electric service in the immediate area of the
proposed work will be out for about one hour.
590
Upon being granted the floor, Councilor Almonte posed questions to Ms. Stacey
of National Grid about the work to be performed as provided in the petition.
Upon being granted the floor, Councilor Twomey posed additional questions to
Ms. Stacey about the proposed work.
Upon being recognized, Councilor Bernal informed the Council Members that
earlier inquiry of National Grid resulted in efforts to remove double poles that were no
longer needed. However, there has been little if any further action to continue progress
with removal of double pole locations by National Grid of late.
Upon continuing, Councilor Twomey asked about notification of those affected
by use of double poles. Ms. Stacey of National Grid provided information to the Council
Members about the reason for installing double pole locations and the companies that use
the poles to provide service to its customers.
Council President Moran stated that double pole locations pose a persistent issue
in the City of Lawrence and suggested that the matter be addressed further by the
Council.
Upon being granted the floor, Council Vice President Silva agreed that it may
serve the Council’s interest in the matter to “tabled” the item in order to address the
issues of concern.
Upon being recognized, Councilor Laplante moved to table the matter which was
seconded by Councilor Almonte. Upon no further discussion or comment offered by the
591
Council Members present, Council President Moran brought called upon the Council
Members present to consider the motion presented which was unanimously approved
[9-0].
Upon being recognized, Councilor Bernal presented a motion to forward a letter
to National Grid to obtain more detail about the proposed work to be done at 455 Market
Street. She stated that the letter require National Grid to forward a written estimate of the
total amount of time electrical service will be interrupted. She stated that the information
requested be provided prior to the next City Council Meeting to be held on January 17,
2012.
Upon being recognized, Councilor Almonte presented a friendly amendment to
Councilor Bernal’s motion and suggested that the letter also request National Grid to
provide detailed information about the total number of households and businesses to be
affected by any loss of electrical service. Councilor Bernal accepted the friendly
amendment and the Council Members present voted unanimously [9-0] to approve the
motion presented.
Doc. 208/11: Tabled/Letter
Doc. 217/11: Parking – Stafford Street – authorization for the position of a “No
Parking” sign on the south side – Polartec, LLC – Public Hearing held – Approved
Council Members.
592
Doc. 219/11: Fire Watch – Revision to City Ordinance 8.04.110 – Public Hearing
held – Tabled
Council Members.
approve the measure presented as seconded by Councilor Almonte.
593
Upon being granted the floor, Councilor Twomey suggested that the fine
proposed by the amendment should be more substantial in order to assure compliance
with any “fire watch” that may be required by the current City Ordinance.
A discussion ensued between Council President Moran and Councilor Twomey
about enforcement of the proposed amended ordinance in relation to required fire
watches.
Upon being recognized, Provisional Fire Chief Jack Bergeron informed the
Council Members that violations of the “fire watch” ordinance are presently subject to a
$10,000.00 fine and/or loss of license and/or permits pursuant to State Law. He further
informed the Council Members that the process of citation and enforcement is presently
enforced through Court action and litigation. Chief Bergeron stated that the proposed
amendment to the City Ordinance will provide the Fire Department with an additional
manner of obtaining greater compliance and further method of prosecution for noncompliance in situations that the State Law does not address.
Upon being granted the floor, Councilor Rivera posed questions about temporary
tent structures and “in door” requirements for fire watches. He posed questions
concerning the number of current fire watches per year which Provisional Fire Chief
Bergeron informed the Council Members totals about 125 each year. Councilor Rivera
also posed questions about the cost of staffing fire watches. Chief Bergeron explained
that fire watches are usually staffed by “off duty” firefighters. A discussion ensued
between Councilor Rivera and Provisional Chief Bergeron about staffing and the
availability of firefighters under the current staffing scheme.
594
Upon being granted the floor, Councilor Bernal posed questions about the average
fire watch cost current set at approximately $10,000.00. A discussion ensued between
Councilor Bernal and Provisional Chief Bergeron about the manner which fire watches
are calculated.
Upon being granted the floor, Councilor Laplante asked about the locations of the
125 fire watches and if an increase in the number of fire watches is expected. Provisional
Chief Bergeron stated that he did not bring a list of each of the 125 fire watch locations
which could be provided. He stated that he does not anticipate an increase in the total
number of fire watches necessarily during the upcoming year. Councilor Laplante further
inquired about construction and demolition fire watch requirements which Chief
Bergeron stated would also be subject to the amended provisions if approved.
Upon being granted the floor, Council Vice President Silva inquired about
locations that result in required fire watches due to circumstances created by the owners
of establishments. She also discussed the issues related to owners amending their
permitted capacity at despite the lack of any additional space to the establishment.
Provisional Chief Bergeron stated that any change in the permit to increase the capacity
use must be approved by the Fire Department prior to any change in the license can be
approved.
Upon being granted the floor, Councilor Rivera expressed his concern that the
issues pertaining to this matter be sufficiently communicated to the public and
establishment owners as well as builders.
595
Upon being recognized, Councilor Rivera presented a motion to table the matter.
The motion was seconded by Councilor Laplante and the Council Members present voted
to table the measure as follows: Yes-6; No-3
Doc. 219/11: Tabled
Doc. 226/11: Illegal Dumping – amending the Home Rule Petition – Public Hearing
held – Approved
Council Members.
Julien Caron, 378 Haverhill Street, Lawrence, MA spoke about the difficulty of
enforcing illegal dumping ordinances in the City of Lawrence.
596
Upon being granted the floor, Councilor Laplante presented a motion to approve
the matter presented which was seconded by Council Vice President Silva.
Upon being recognized, Councilor Bernal posed questions to Councilor Laplante
who explained that the Legislative sponsors informed him that the original Home Rule
Petition approved by the Lawrence City Council as Doc. 110/2011 forwarded to the State
Legislature for further action and approval needs to be amended in order to add an
alternative civil prosecutorial alternative that was not provided in the original document.
He further informed the Council Members that the amendment to the Home Rule Petition
amends section 3 of the petition.
Upon being granted the floor, Councilor Twomey stated that the question posed
by Mr. Caron raises serious concerns about identifying who may be responsible to keep
the alleys of the City clean from debris resulting from illegal dumping.
Upon being granted the floor, Councilor Laplante explained that the proposed
Home Rule Petition addresses more than just illegal dumping in any specific area of the
City of Lawrence but is legislation established a statutory means by which the City of
Lawrence can prosecute instances of illegal dumping anywhere in the City of Lawrence
through appropriate court action.
597
Upon inquiry by Councilor Laplante, City Clerk Maloney explained that the approval of
the measure presented for consideration would be forwarded to the State Legislature for
further proceedings in the usual course. The City Clerk informed the Council Members
that he has already been asked by the Legislative Aide to Representative Devers that the
Legislature has been advised to proceed on the Home Rule Petition previously approved
by the Lawrence City Council and that it will be presented for approval by the State
Legislature. The Legislature would consider the new Home Rule Petition as an
“amendment” to the earlier petition once it arrives before the State Legislature.
Upon a motion to approve the measure presented by Councilor Laplante, as
unanimously [9-0] to amend the Home Rule Petition regarding illegal dumping.
V: APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 230/11: Appropriation Transfer – Lawrence Public Schools -Anticipated Legal
Services – from: Lawrence High School Capital Project to Guilmette School Capital
Project - $50,000.00 – David A. Camasso, Comptroller – Ref. to Budget & Finance
Council President Moran called the above matter to the attention of the Council
Members and referred it to the Budget and Finance Committee for further proceedings.
598
Doc. 255/04: Disposition – 64 Trenton Street – Tax Map 150, Lot 122A – Hous.
Cmt. – Approved
report of the Housing Committee recommending approval of the transfer of title to the
real property subject to this petition to Francisco Byers upon payment of $2,800.00 with
the conditions referenced and attached to the Housing Committee report. The report was
presented in the form of a motion to approve the recommended transfer. The motion was
seconded by Councilor Rivera and the Council Members present voted unanimously
[9-0] to approve the item as presented.
Doc. 201/10: Disposition – 6-8 Walnut Street – Tax Map 170, Lot 116 – Hous. Cmt.At the request of Council President Moran, Councilor Laplante presented the
real property subject to this petition to Joanne R. McGuire upon the payment of
$2,251.00 with the conditions referenced and attached to the Housing Committee report.
The report was presented in the form of a motion to approve the recommended transfer.
The motion was seconded by Councilor Bernal and the Council Members present voted
unanimously [9-0] to approve the item as presented.
Doc. 218/11: Disposition – 264 Colonial Road – Tax Map 57, Lot 1A – Hous. Cmt. –
599
real property subject to this petition to William and Susan Harris upon the payment of
$7,500.00 with the conditions referenced and attached to the Housing Committee report.
The report was presented in the form of a motion to approve the recommended transfer.
The motion was seconded by Councilor Rivera and the Council Members present voted
unanimously [9-0] to approve the item as presented.
Doc. 228/11: Parkland Acquisition and Renovation for Communities (PARC)
Program Resolution for phase II improvements to Campagnone Common Park –
Hous. Cmt. – Approved/30 days waived
Council President Moran referenced the above item and provided an introduction
to the measure to the Council Members for their information and consideration.
measure presented which was seconded by Councilor Aquino.
Upon invitation to address the City Council Members, Susan Fink, Manager of
Financial & Administrative Services for the City of Lawrence Community Development
Department, informed the Council that the granting authority requires the resolution
provided to the Council as a necessary step to obtain funding for the projects outlined in
the information provided. Ms. Fink discussed and explained the phased project and the
necessary of completing the work begun.
the motion to approve the measure to the attention of the Council Members present for
their consideration. Upon the motion presented by Councilor Laplante, as seconded by
600
Councilor Aquino, the Council Members unanimously [9-0] approved the item as
presented.
Upon being recognized, Councilor Rivera moved to waive the 30 day waiting
period required by section 3.8(a) of The Lawrence City Charter. The motion was
present [9-0].
Doc. 228/11: Approved/30 days waived
Doc. 220/11: Appointment – Lawrence Fire Dept. - Fire Chief-Acting Fire Chief
Jack Bergeron – recommendation – Pers. Cmt. - Approved
report from the Personnel Committee recommending the appointment of Provisional Fire
Chief Jack Bergeron as permanent Fire Chief to the City of Lawrence. The report was
presented in the form of a motion to approve the appointment which was seconded by
Councilor Almonte.
Upon invitation, Mayor Lantigua spoke in support the recommended approval of
Jack Bergeron for the position of Chief of the Lawrence Fire Department.
Upon being granted the floor, Councilor Rivera posed questions to Councilor
Twomey about the interview and selection process conducted by the Personnel
Committee. Councilor Rivera posed question to Provisional Fire Chief Bergeron about
layoffs in the Fire Department during the past year and what he may do to address
possible concessions from the Firefighters Union. Provisional Fire Chief Bergeron
explained that the budget process and union negotiations are matters within the authority
of the City Council Members and the Administration respectively. He stated that
601
although the Fire Chief is responsible to assist in creating the operating budget, the
administration of the budget is only within the amount provided by the Administration as
approved by the City Council. He commented that be believes that firefighter unions
should not be asked to make concessions to some positions.
Upon being granted the floor, Councilor Maldonado asked Provisional Fire Chief
Bergeron if he would seek to provide for additional firefighters. Chief Bergeron stated
that he would.
Upon being recognized, Councilor Laplante presented an amendment to the
motion to approve the recommendation for appointment to be based on the stipulation
that the appointment be approved “without a contract”. The motion was seconded by
Councilor Maldonado and the Council Members present defeated the motion as follows:
Yes-1: No-8
Council Vice President Silva -No
Upon being granted the floor, Councilor Laplante provided reasons for presenting
the amendment. A discussion ensued between Councilor Laplante and Councilor Bernal
regarding other Department Heads that exist with contracts associated with the position.
Further discussion ensued among the Council Members concerning issues pertaining to
the contract associated with the Fire Chief position.
602
Upon being recognized, Provisional Fire Chief Bergeron stated he would not
accept the position without a contract.
Upon being granted the floor, Council Vice President Silva discussed other
instances of contracts awarded referencing the position of the Lawrence Police chief.
Upon being granted the floor, Mayor Lantigua stated that awarding contracts for
positions subject to Mayoral appointment is reserved to the Mayor. He suggested that the
issue of contracting belongs solely to the Administration and should not be made into a
political issue. Mayor Lantigua affirmed his nomination of Chief Bergeron and requested
the Council Members to either approve or disapprove the recommendation as submitted.
Upon being granted the floor, Councilor Laplante presented a motion to amend
the motion to approve to require a two year contract for the position. The motion died
due to a lack of a second.
Upon being granted the floor, Councilor Bernal discussed the recent removal of
the Lawrence Fire Chief position from civil service qualification and requirements. She
discussed her reasons for supporting the Home Rule Petition to remove the position from
civil service. She stated she supports Jack Bergeron for the position and would be voting
to approve the recommendation.
Upon being granted the floor, Councilor Maldonado stated that each contract for
personnel should contain performance evaluation provisions as a condition of continued
employment. He suggested such a provision could be entered by ordinance or within
each contract.
603
Council President Moran suggested that the issue should be addressed as part of
the individual contract rather than by ordinance. Council President Moran then brought
the motion for approval to the attention of the Council Members for consideration.
Upon being granted the floor, Councilor Twomey pointed out that the candidate
recommended for the position is very qualified and stated that he would be voting in
favor of Jack Bergeron as recommended.
Upon being granted the floor, Councilor Laplante pointed out that the candidate
took the civil service exam and that he is pleased that the candidate recommended for the
position is someone from the ranks of the Lawrence Fire Department. Councilor
Laplante commented that he has some concerns about the political independence of the
candidate.
Council President Moran spoke favorably of the candidates leadership ability,
qualifications and the added attribute of being promoted through the ranks of the
Lawrence Fire Department.
present. Upon the motion for approval of Jack Bergeron as Chief of the Lawrence Fire
Department as presented by Councilor Twomey and seconded by Councilor Almonte, the
Council Members present voted unanimously [9-0] to approve the appointment as
recommended.
604
VII. WITHDRAWALS:
Doc. 396/10: Job Postings/Interviews and new hires process –
Pers. Cmt. – Withdrawn
Doc. 397/10: New Employees hired since July 1, 2010 – Pers. Cmt. – Withdrawn
Doc. 398/10: Employees – 90 days – per City Charter – Pers. Cmt. – Withdrawn
presenting matters concerning the withdrawal of matters presently pending before the
Personnel Committee. Councilor Almonte presented a motion to have the Council
Members consider the above three items in “block” form for the purpose of withdrawing
the items from the Council Agenda. The motion was seconded by Council Vice
President Silva and unanimously [9-0] approved by the Council Members present.
Upon being recognized, Council Vice President Silva presented a motion to
withdraw the above three items from the Council Agenda. The motion was seconded by
Councilor Almonte and unanimously [9-0] approved upon by the Council Members
present.
Doc. 175/11: Department of Public Works Director Search – update and status –
Pers. Cmt. – Ref. to Personnel
presenting a motion to withdraw the above matter presently pending before the Personnel
Committee. Councilor Twomey moved to withdraw the item from the Council Agenda
which was seconded by Councilor Almonte.
605
Upon being granted the floor, Councilor Rivera requested that the matter not be
withdrawn at this time. In response, Councilor Twomey withdrew his motion to
withdraw the item.
Council President Moran then recommitted the item to the Personnel Committee
for further proceedings.
Doc. 175/11: Recommitted to Personnel
VIII. OLD BUSINESS:
Doc. 196/11: Home Rule Petition – Substitute Teachers – GIC Insurance –Council
Pres. Moran & concerns/issues to join the Retirement Board –
Councilor Bernal – Withdrawn
Council President Moran presented a overview of the legislative history of the
above matter informing the Council Members that the measure was approved by vote of
the City Council on November 1, 2011 and submitted to a motion for reconsideration of
approval which failed on November 15, 2011. He stated further that he believes the
measure is presently being considered by the House of Representatives.
Attorney Michael Sago representing the Lawrence Retirement Board asked the
Council Members if they would “reconsider” their vote approving the Home Rule
Petition and provided them with reasons that he believes that reconsideration is
warranted.
Upon being granted the floor, Councilor Laplante inquired if the matters
pertaining to “retirement” and those pertaining to “health care” provision can be
bifurcated to address the issues posed by the retirement board Counsel.
606
Council President Moran informed the Council Members that the matter is moot
since a motion to reconsider would not appropriate in accord with parliamentary
procedure. A discussion ensued between Attorney Sago and Council President Moran.
regarding procedures available to the Council.
Councilor Bernal commented and discussed the availability of Teacher’s
Retirement Board services to teachers in general. She discussed reasons that the measure
probably may not be bifurcated.
A discussion ensued between Attorney Sago and Councilor Bernal regarding
amendments to Home Rule Petitions presented to the Legislature. Further discussion
ensued between Attorney Sago and Councilor Bernal regarding the request presented by
Counsel for the Lawrence Retirement Board.
Frank McLaughlin, President of the Lawrence Teachers Union, informed the
Council Members that long-term substitute teachers and building based educators are
“full time employees” and should be entitled to health insurance and retirement benefits.
Upon being granted the floor, Councilor Maldonado stated he is not opposed to
allowing these employees the ability to access health insurance benefits. However, he
stated that he believes they should not be part of the Lawrence Retirement Board System
due to issues of liability to the City of Lawrence. A discussion ensued between
Councilor Maldonado and Union President Frank McLaughlin concerning the extension
of health and retirement benefits of those affected by the legislation.
Upon being granted the floor, Councilor Rivera stated that the purpose of the
legislation is to allow the employees affected to obtain health insurance and retirement
607
benefits. He asked if the Lawrence Retirement Board could provide health insurance
membership without Retirement Board membership. Attorney Sago stated it is not
possible to create a separate and distinct health insurance benefit without membership
into the Retirement System. A discussion ensued between Councilor Rivera and
Attorney Sago regarding the potential unfunded liability created by the Home Rule
Petition approved by Council. Councilor Rivera expressed his concern about providing
coverage to those employees who will benefit from the legislation.
Upon being granted the floor, Councilor Maldonado posed questions to Frank
McLaughlin about alternatives to the Home Rule Petition. A discussion ensued between
Councilor Maldonado and Union President Frank McLaughlin about health insurance
requirements to employees.
Upon no further inquiry, comment or discussion Councilor Rivera presented a
motion to withdraw the item from the Council Agenda. The motion was seconded by
Council Vice President Silva and unanimously [9-0] approved by the Council Members
present.
IX. TABLED MATTERS:
608
355/10: Lawrence Street – closing between Haverhill and Lebanon Streets at the
139/11: Misuse of Funds – legal options – Comptroller David Camasso & City
58/11: Zoning Change – Jacques Pond – from OSR to Conservation –Counc.
Bernal
188/11: NECC’S Construction Site on Common Street – update and timeline –
Council Pres. Moran
148/11: Parking – Merrimack Street – alternate side parking
167/11: Tax Amnesty - review, update and report – Councilors Rivera & Bernal
208/11: National Grid and Verizon, New England, Inc. – request permission to locate
poles, wires and fixtures on Market Street
219/11: Fire Watch – Revision to City Ordinance 8.04.110
X. NEW BUSINESS:
Doc. 239/11: Transient Vendor License – Iranna Rodriguez –283 Chestnut Street,
Councilor Rivera moved to suspend the Rules of the City Council and declare the
above matter an emergency measure in order to add the item to the Council Agenda. The
motion was seconded by Councilor Aquino and unanimously [9-0] approved by the
Council President Moran referred the matter to the Ordinance Committee.
Councilor Laplante presented a motion to conduct Council business past
10:00 p.m. which was duly seconded by Council Vice President Silva and
XI. NEW BUSINESS:
609
231/11 Transient Vendor License – Ramon Almanzar – 62 Juniper Street,
232/11 Taxi and Livery License Renewals – Merrimack Taxi, Popular Taxi,
Liberty Car Services, JC Transportation & American Taxi - Melix
Bonilla, Deputy Chief – Ref. to Ord.
233/11 Vehicle donation to the City of Lawrence – Counc. Laplante
234/11 Property Tax Incentives for Business and Industrial Properties – Counc.
Laplante – Ref. to Budget & Finance
235/11 No Left Turn – Fitz and Lawrence Streets – Counc. Twomey - Ref. to Ord.
236/11 Winter Parking Ban – Currier Street – to be added to the street list
(Sec. 10.36.031) – Counc. Twomey – Ref. to Ord.
237/11 Parking prohibited on certain streets at All Times (Sec. 10.36.010) Delete
Spruce Street, west side, from Center Street to Myrtle Street – Counc.
Maldonado – Ref. to Ord.
238/11 Transient Vendor License – Rafael Gonzalez – 48 Brook Street, Lawrence, MA
– Ref. to Ord.
239/11: Transient Vendor License – Iranna Rodriguez –283 Chestnut Street Lawrence,
MA – Ref. to Ord.
XII. ADJOURNMENT:
Upon Motion of Councilor Rivera duly seconded by Councilor Almonte, the
ADJOURNED
(10:18p.m.)
Attest:
William J. Maloney
City Clerk

2011 Council Mins

Transcription

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