2013 Council Mins

Transcription

2013 Council Mins

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MINUTES OF THE MEETING
OF THE LAWRENCE CITY COUNCIL
DATE: Tuesday, January 15, 2013
A REGULAR MEETING of the City Council was held on Tuesday, January
15, 2013 at 7: 08 p.m. in the City Council Chamber with all Members present except for
Councilor Almonte and Councilor Reyes.
Approximately Six [6] 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 18, 2012 were submitted by the City
Clerk for consideration and acceptance of the City Council Members.
Upon the motion of Council Vice President Rivera to accept the minutes as
presented duly seconded by Councilor Aquino, the Council Members present voted
unanimously [6-0] to accept the minutes. [Councilor Laplante being absent from the
Council Chamber at the time the vote was recorded].
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 discussed the importance of
Public Safety Personnel and Public Work Personnel to improve the quality of life in the
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[Tuesday, January 15, 2013]
City of Lawrence. He stated that it is important to support Lawrence Firefighters in the
upcoming contract negotiations. Mr. Maali also stated that continued support for the
work being done to improve educational services in Lawrence is necessary.
Richard Russell, 34 Cross Street, Lawrence, MA posed continued questions about
certain matters in the City of Lawrence including the firing of Mr. Sapienza from the
Public Works Department and the threat of a law suit he may bring against the City of
Lawrence; why documents requested by Thomas Duggan of the Valley Patriot
concerning Attorney William DiAdamo were opposed by Mayor Lantigua and the fee for
services incurred by the Mayor hiring attorneys from the Foley & Hoag law firm;
whether there will be further inquiry concerning allegations presented against Raphael
Tejeda of the Lawrence Election Division; he asked why the flashing sign at the end of
the Casey Bridge was removed; and why there was not more notice of this evening’s City
Council Meeting posted on the City Website.
Kathy Runge, 32 Dracut Street, Lawrence, MA commented generally about the
various personnel matters pending in Lawrence with regard to the numerous suspensions
as well as the controversy involved with the appointment of various City Board
Members.
Council President Moran closed the public participation portion of the Council
Meeting upon no further offer of comment from anyone present.
III. PUBLIC HEARINGS:
198A/12: Parking – 88 Jackson Street – DELETE-Two hour parking– Counc.
Reyes – Public Hearing held – Approved/30 days waived
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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.
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
Members present to consider the matter presented.
Upon being recognized, Council Vice President Rivera presented a motion to
approve the measure presented. The motion was seconded by Councilor Vasquez.
Upon being recognized, Councilor Vasquez asked if the author of the motion to
approve the measure would accept a waiver of any applicable 30 waiting period that may
apply pursuant to section 3.8(a) of The Lawrence City Charter. Council Vice President
Rivera stated that he accepted the amendment advanced by Councilor Vasquez to be
included in the main motion to approve the measure presented.
Upon the motion to approve the measure presented with the amendment to waive
any applicable 30 waiting period that may apply pursuant to section 3.8(a) of The
Lawrence City Charter, as seconded by Councilor Vasquez, the Council Members present
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voted unanimously [7-0] to approve the measure.
Doc. 198A/12: Approved/30 days Waived
198B/12: Parking – 88 Jackson Street – (1) 15 minute parking space – Counc. Reyes
– Public Hearing held – Approved/30 days Waived
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
Upon being recognized, Councilor Vasquez presented a motion to approve the
measure presented and to waive any applicable 30 day waiting period pursuant to section
3.8(a) of The Lawrence City Charter. The motion was seconded by Council Vice
President Rivera and unanimously approved [7-0] by the Council Members present.
Doc. 198B/12: Approved/30 Days Waived
200/12 Parking - Lexington Street – between Myrtle and Lawrence Streets –
removal of no parking ordinance – Counc. Reyes-Public Hearing held –
Approved/30 days Waived
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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 being recognized, Councilor Aquino presented a motion to approve the
measure presented which was seconded by Councilor Vasquez and unanimously
approved [7-0] by the Council Members present.
waive any applicable 30 day waiting period pursuant to section 3.8(a) of The Lawrence
City Charter. The motion was seconded by Councilor Vasquez and unanimously
Doc. 200/12: Approved/30 days Waived
272/12: Poplar Street – One way from Basswood Street to Alder Street –
Counc. Vasquez–Public Hearing held – Approved
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Council Members.
measure presented which was seconded by Council Vice President Rivera and
unanimously approved [6-0] by the Council Members present. [Councilor Bernal being
absent from the Council Chambers when the vote was recorded].
Doc. 272/12: Approved
IV. Communication from Mayor, City Officials & City Attorney: - None
V. APPROPRIATIONS-ORDERS-RESOLUTION:
303/12: Prior Year Bills – approval to pay out of current year funds – Mark J.
Ianello, Finance Director – Budget and Finance Cmt. – Approved
At the request of Council President Moran, Council Vice President Rivera
presented the report of the Budget & Finance Committee recommending the approval of
the item presented. The report was presented in the form of a motion to approve the item
which was seconded by Councilor Twomey.
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Upon being granted the floor, Council Vice President Rivera informed the
Council Members present that the total amount presented for approval of payment is
actually $38,102.94 for legal services rendered.
Upon being granted the floor, Councilor Laplante further explained the bills
represent an amount due to Morgan, Brown & Joy, LLP for legal services in the base
amount of $36,691.40. Councilor Laplante commented that he believed the legal services
provided were unnecessary and a waste of City funds.
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 who
voted unanimously [7-0] to approve the item presented.
303/12: Approved
345/12: Appropriation Transfer – From: Free Cash Reserves to Capital Projects
Fund - $1,375,000.00 – Mark J. Ianello –Budget and Finance Cmt. - Approved
presented the report of the Budget and Finance Committee regarding the item presented
and requested that the Council Members consider receiving the report at this time. The
motion to receive the report of the Budget and Finance Committee was seconded by
Councilor Twomey and the Council Members presented voted unanimously [7-0] to
receive the report presented.
Upon being granted the floor, Council Vice President Rivera presented a motion
to approve the item presented to advance further discussion. Upon being recognized,
Councilor Twomey seconded the motion presented.
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Upon being granted the floor, Council Vice President Rivera discussed the
proposed financial allocations presented in the item as considered by the Budget and
Finance Committee. He expressed concern that the entire amounts allocated per category
may not be spent and suggested that there should be a mechanism in place to report the
amount spent and a return of any excess amounts.
Council President Moran posed questions to Finance Director Ianello about the
projects subject to the proposal presented. Director Ianello explained each of the
proposed expenditures and their intended purpose as well as the manner of billing and
payment anticipated. Director Ianello provided the Council Members his opinion as to
the priority each project has in his estimation.
Upon being granted the floor, Councilor Bernal posed questions about the
application of funds and the whether any resulting material would be owned by the
vendor or the City of Lawrence as the contractor after implementation. Director Ianello
informed the Council that the amounts allocated represent first year implementation costs
as well as post implementation costs expected from the agents. A discussion ensued
between Councilor Bernal and Director Ianello concerning future use of any product
resulting from the implementation of any project that is funded through the allocations
cited.
Upon being granted the floor, Councilor Twomey posed questions about the
integration of the proposed systems into payroll to Director Ianello.
Upon being granted the floor, Councilor Laplante inquired about review of the
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technical aspects of the proposed projects by Director Ianello and IT Director Rob
Harhen. Councilor Laplante also asked if the list of projects contained in the proposal
submitted were a result of general inquiry and input to each of the City Departments.
Director Ianello stated that the projects subject to the item before the Council Members
were presented and reviewed by City Overseer Robert Nunes who also reviewed other
proposals. Director Ianello stated that Overseer Nunes supported the projects presented
for consideration as being important to the fiscal stability of the City of Lawrence. He
also stated that the various City Departments will be asked about other Capital projects
which will be considered separately. Councilor Laplante concluded by suggesting that
the funds might be better spent to improve the City’s bond rating status.
Upon being granted the floor, Council Vice President Rivera asked about the
expected timing that the State may release the amount of aid distribution to the Cities and
Towns of the Commonwealth. In response, Director Ianello stated that these figures are
expected to be provided sometime in February.
Council President Moran posed additional questions about the implementation of
“time clocks” and possible Union review and consideration.
Upon no further comments, discussion or inquiry by the Council Members
present, Council President Moran called the motion, to approve the item, to the attention
of the Council Members. Upon vote of the Council Members present, the motion to
approve the measure was unanimously [7-0] approved.
345/12: Approved
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VI. COMMITTEE REPORTS: - None
VII. WITHDRAWALS: - None
VIII. OLD BUSINESS: - None
IX. TABLED MATTERS:
The following items remained “tabled” without further action:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
302/08
248/12
Misuse of Funds – legal options – Comptroller David Camasso & City
Attorney Charles Boddy – presence requested – Counc. Maldonado
NECC’S Construction Site on Common Street – update and timeline –
Council Pres. Moran
Parking – Merrimack Street – alternate side parking – Coun. Laplante –
Ord. Cmt.
Fire Watch – Revision to City Ordinance 8.04.110 – Jack L. Bergeron,
Fire Dept. Acting Chief
Charter Review – Counc. Bernal
Transient Vendor License – Raymond Gonzalez – 104 Olive Avenue –
Ord. Cmt.
Disposition – 79A Brookfield Street – Richard Burke, Planning Dept.
Director -Hous. Cmt.
FY 2011 City of Lawrence Audit Reports – Issued by Powers and Sullivan
[Report on Examination of Basic Financial Statements, Reports on Federal
Award Programs, Management Letter, Report on compliance – School
End of Year Financial Report] – Council Pres. Moran
Permit Parking–street designated–Section 10.40.060–Trenton Street from
Lawrence Street to Park Street - all day 7 days a week - Council Vice Pres.
Rivera & Counc. Reyes - Public Hearing
Oak St. – (One Hr. Parking – 7am to 7pm) - Sec. 10.36.010.245 – Counc.
Reyes - Ord. Cmt. & Public Hearing to be ordered
Tax Credit for Senior Volunteers-MGL C. 59, Sec. 5K-Updated requested
of Mark Ianello, Finance Director-Counc. Bernal
Building Permits – update and corrective action plan – Council Pres.
Moran
Disposition – 74 Springfield Street – (Tax Map #102, Lot 59A) $3,573.00 – The subject real estate has an area of approximately 3,573
square feet, consists of vacant land, and is located in a (R-3/R-4)
Residential Zoning District –Richard Burke, Planning Dept. – Hous. Cmt.
Zoning Ordinance Amendment – Section 29-11 – Use Table- Automobile
Sales – Dan McCarthy, Land Use Planner- Ord. Cmt. & Planning Bd. –
Public Hearing
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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:
1/13
2/13
4/13
5/13
6/13
7/13
8/13
9/13
10/13
11/13
12/13
13/13
Loading Zone – removal – 276 Essex Street – Council Vice Pres. Rivera
Ref. to Ordinance Cmt.
Claddagh Pub – request permission to conduct their 20th Annual Road Race –
Sunday, March 3, 2013 @ 11:00 am -James Karamourtopoulos – Council Pres.
Moran – Ref. to Ord. Cmt.
2013 Safe and Successful Youth Initiative Grant – Art McCabe, Manager,
Community Development- Ref. to Budget & Finance Cmt.
2013 Shannon Grant – Art McCabe, Manager, Community Development
Ref. to Budget & Finance Cmt.
Pensions of surviving spouses of disabled employees – Acceptance of G.L. c. 32,
s. 101 – Council Pres. Moran – Ref. to Budget & Finance Cmt.
Handicapped Drop-off Parking Space – Lawrence Medical Center – 320 Essex
Street – Gary W. Hamilton, Clinic Administrator – Ref. to Ord. Cmt.
Stop Sign – Cross and Cedar Streets – Counc. Vasquez – Ref. to Ord. Cmt.
Transient Vendor License – Rafael Gonzalez – 48 Brook Street, Lawrence, MA
Ref. to Ord. Cmt.
Surplus Property – 46 Eutaw Street – (Tax Map 130, Lot 36) - The subject real
estate has an area of approximately 3,107 square feet, consists of vacant land, and
is located in an R-3/R-4 Residential Zoning District – Richard Burke, Real
Property Specialist – Ref. to Housing Cmt.
Surplus Property – 24-26 Basswood Street – (Tax Map 151, Lot 12) – The subject
real estate has an area of approximately 4,356 square feet, consists of vacant land,
and is located in an (R-3/R-4) Residential Zoning District – Richard Burke, Real
Property Specialist – Ref. to Housing Cmt.
Exchange Street – One way proposed – Counc. Vasquez
Ref. to Ord. Cmt.
Willow Street – One way proposed – Counc. Vasquez
Ref. to Ord, Cmt.
XI. ADJOURNMENT:
Upon Motion of Council Vice President Rivera duly seconded by Councilor
Vasquez, the Council Members present voted unanimously to Adjourn.
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ADJOURNED
(08:00p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, February 5, 2013
A REGULAR MEETING of the City Council was held on Tuesday, February
5, 2013 at 7: 10 p.m. in the City Council Chamber with all Members present.
Approximately Fifty-two [52] persons were present.
of City Council Meetings conducted January 15, 2013 were submitted by the City Clerk
for consideration and acceptance of the City Council Members.
Upon the motion of Councilor Vasquez to accept the minutes as presented duly
seconded by Councilor Aquino, the Council Members present voted unanimously [9-0] to
accept the minutes.
Jonas Stundza, 37 Bruce Street, Lawrence, MA informed the Council Members of
concern regarding the Holy Trinity Complex. He stated that the permission granted by
the Planning Board requiring the developer to convert the property for housing is not
being done. He stated that the property is being used commercially for profit. He stated
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[Tuesday, February 5, 2013]
that the building zoned for residential use should remain intact and requested the matter
be looked into by the City. Mr. Stundza then presented a written petition signed by
residents in the neighborhood for consideration of the Council Members.
Before continuing further, Council President Moran recognized Senator Finegold,
Representative DiZoglio and Representative Devers and thanked them for their
attendance and support of the City of Lawrence.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke in support of the
Lawrence Policeman’s Union and commented on Mayor Lantigua’s continued support of
public safety. He asked the Council Members to support Public Works Department
contract negotiations. Mr. Maali also spoke in favor of School Department Receiver
Riley’s successful efforts with restructuring the Lawrence School Department.
Kathy Runge, 32 Dracut Street, Lawrence, MA spoke about the City employees
who remain suspended with pay for their misdeeds and suggested that they were appear
not to be concerned about losing their positions for the acts they have been claimed to
have committed. She spoke about proposed City Ordinances that pertain to the automatic
recall of a Mayor who is indicted and suggested that these type of ordinances make sense
and should be approved.
Richard Russell, 34 Cross Street, Lawrence, MA discussed the Lawrence Police
Department Officers who have been suspended commenting that their combined salaries
amount to approximately 300,000.00. He commented about the recent Public Works
Department appointment of Jose Santiago as being a poor selection, he also commented
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about the termination of Tom Sapienza who was required to leave his post in order to
take care of his wife who died of cancer recently, he stated that voter lists and
registrations require more oversight, he commented on the inept and repeated failed
appointments to the Lawrence Licensing Board, he commented about the use of Special
Counsel by the City Attorney’s Office was without merit and the subsequent denial of
Thomas Duggan’s request to access public records by the City Attorney is
unsubstantiated.
Councilor Laplante, Lawrence City Councilor for District F, 29 Durso Avenue,
Lawrence, MA stated that the increase in property taxes with a commensurate reduction
in property value coupled with the reduction of City services is unfair to the taxpayers.
He stated that the reduction in Lawrence Police Officers has contributed to crime in the
City of Lawrence. He also asked about plans to improve the Lawrence Fire Department
infrastructure and if there were any plans to hire more police officers. He questioned the
Mayor’s continued actions of hiring of unqualified employees from political supporters.
Upon no further comment offered, Council President Moran closed the public
speaking portion of the proceedings.
III. APPROPRIATIONS-ORDERS-RESOLUTION: Doc. 14/13: Resolution – Maria Cristina Payano – Counc. Vasquez – Presented
Upon being recognized, Council Vice President Rivera presented a motion to take
document 14/13 out of the order appearing on the agenda. The motion was seconded by
Councilor Reyes and unanimously approved by the Council Members present [9-0].
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Council President Moran brought the item to the attention of the Council
Members present and called upon Councilor Vasquez to present the Resolution.
At the invitation of Council President Moran, Councilor Vasquez introduced
Maria Cristina Payano and presented the Resolution in her honor.
Doc. 14/13: Presented
Doc. 15/13: Resolution – Yosibel Valdez – Counc. Vasquez
Council Vice President Rivera presented a motion to take document 15/13 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].
Council President Moran brought the item to the attention of the Council
Members present and called upon Councilor Vasquez to present the Resolution.
At the invitation of Council President Moran, Councilor Vasquez introduced
Yosibel Valdez and presented the Resolution in her honor.
IV. PUBLIC HEARINGS: - None
V: Communication from Mayor, City Officials & City Attorney: Doc. 3/13: State of City Address – Mayor William Lantigua- Presented
Upon the invitation of Council President Moran, Mayor Lantigua was granted the
floor and presented the State of the City Address. [A copy of the presentment appears
below].
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State of the City Address
February 5, 2013
“Lawrence is on the rise; our great city continues moving forward”
Mr. President Moran, City Councilors, and fellow residents: Good evening.
Tonight, once again, I am here to talk about our City, the Great City of Lawrence.
Let there be no question, the state of the City is strong and rising.
Unfortunately, the whole story is not always told and the full measure of progress is
rarely reported, so tonight I am here to tell you and all Lawrence residents that our future
is bright.
For the past three years, we have been asked to make sweeping changes. We have been
forced to make a number of tough, unpopular decisions. But, with our executive and
legislative branches working together, we have made tremendous strides to improve our
great City.
Public safety on the rise
I am proud to say that, thanks to the restoration of public safety personnel, crime has
dropped to its lowest levels in nearly a decade. Our homicide rate is at its lowest since
2005. We have seen a 33 percent decrease in auto theft, a 20 percent decline in burglary,
and a major reduction in “Part 1” felony crimes. Under the leadership of Chief John
Romero, our police force has restored its special units division, is making more arrests,
and is making our streets more secure.
In the coming days we will be making a significant announcement to help police take
weapons off our City’s streets, and I seek the full support of this Council and the people
of Lawrence in making this initiative possible.
As we applaud the police for protecting our community, we must also provide the tools
for them to do their jobs safely and properly. In wake of the tragic shootings in
Newtown, Connecticut, I have met with Chief Romero to discuss the pressing need for
security in and around our schools. I feel confident that we have measures in place to
keep our children safe. However, in this discussion I learned that our officers are not
equipped with the same weaponry that may be confronting them on the streets and in
hostage situations. This is unacceptable. Tonight I am submitting an addendum to the
supplemental appropriation that you passed last month to provide the City’s cruisers with
high-powered rifles to safeguard officers and residents alike. I ask for this to be taken up
immediately, and I further ask for your support.
Our fire department, under the leadership of Chief Jack Bergeron, has made tremendous
strides during the past year and will continue to do so in 2013. We reopened Engine 6
last winter to provide faster response to the Prospect Hill area. We also purchased a new
ladder truck which replaced a 25-year-old vehicle that is now out of service. The
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department is working aggressively on proactive enforcement of prevention codes and
fire investigation. The past month has been a trying one, as firefighters battled intense
blazes in bitterly cold temperatures, but they did so with no loss of human life.
Unfortunately, some of our personnel suffered injuries. This evening, we wish them full,
speedy recoveries.
In the upcoming months we will hire seven firefighters to our existing workforce to
continue the department’s progress. This progress will continue under my watch. Our
public safety budgets will not be compromised as long as I am in office.
Education on the rise
Two years ago, I expressed my deep dissatisfaction at the status of our underperforming
public schools. That discussion led to consistent, positive developments in the City’s
school system. Jeff Riley was brought in to reorganize the school department from top to
bottom. At the outset, Mr. Riley told me that “dishes needed to be broken” in order to
implement these changes. I’m happy to report that we are now starting to pick up the
pieces and turn our schools around. New partners are working with our students
throughout the district. Phoenix Academy is concentrating its efforts on students who
were once lost and unfocused. Graduation rates are on the rise, and our turnaround plan
continues to meet or exceed our ambitious goals. On the budget side of the house, I’m
happy to note that during the first year of the Lawrence Turnaround Plan, in fiscal year
2013, the City has met its net school spending requirement. We will do everything
within our power to continue this progress.
We must all support this turnaround effort. Our City’s future depends upon the next
generation of hardworking, well-educated young people. I am glad that I asked the State
for help.
Fiscal health on the rise
During the past year, we have continued to improve our financial situation. We once
again submitted a balanced budget to the state, on time, with real revenue projections.
All Department of Revenue reporting requirements continue to be met and, for the third
year in a row, our budget numbers were certified and once again we have certified free
cash.
The most significant sign of our improved financial situation came by way of our bond
rating. In August, both Standard & Poor’s and Moody Investors increased our bond
rating and gave us a stable outlook. This has not happened in more than six years. It is
the result of a Herculean effort of which we should all feel justifiably proud.
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Our free cash is due to hard work on the part of my administration, members of this
Council, our partners in state government, and our fiscal overseer, Robert Nunes.
I ask that we continue this headway as we discuss new and improved software
enhancements to strengthen our finance departments and manage everything from payroll
to attendance to work orders. These are all cost-saving measures, and I need your
support in moving them forward.
Last fall I also appointed a Capital Improvement Committee to come up with a list of
projects and purchases that are needed to bring us into the future. This list will be
extensive and over budget. However, we must prioritize and come up with a funding
mechanism to integrate these priorities into our various departments. I welcome your
input and I ask for your support to move this plan forward for the future of our City in the
upcoming year.
Community development on the rise
As the Commonwealth of Massachusetts and our nation battle tough economic times, we
are thankful to see continued investment in our City of Lawrence. Two of the most
noticeable projects, the Spicket River Greenway and the renovation of Campagnone
Common, are almost at completion. The Spicket River Greenway is one of my personal
favorites and working with Groundwork Lawrence, the City is truly creating a showpiece
for healthy communities and public infrastructure. Campagnone Common is currently in
Phase II of development. This too will be a centerpiece for all residents to enjoy in the
upcoming years: whether playing dominoes, reading a book, or taking walk in the park.
Giving the public access to fresh, green open space will be a notable achievement of
these two projects.
The past year opened the doors to over 200 new units of housing. Most noticeable was
the ribbon-cutting on Loft 550, a Malden Mills project that created 75 new housing units
through the efforts of Winn Development. The City provided HOME funding for this
development, and our Planning Department creatively declared it a Smart Growth
Overlay district which proved instrumental in its completion. We continued to see
construction of new homes by the Charles Hope Companies and Bread and Roses
Housing through our Neighborhood Stabilization Program (NSP). Monarch Lofts made
brand new units available to new Lawrencians, and continued to develop the historic
Wood Mill. Union Crossing reached its housing mark and now seeks commercial interest
on the lower levels, improving our North Canal district.
This coming year we will get creative with our surplus city properties and look at public
auctions, pre-permitting initiatives and generating more detailed requests for proposal. A
direct focus will be on properties that must be expedited through Land Court to improve
neighborhoods, commercial development, and our overall
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tax base. I have asked Patrick Blanchette and our City Attorney Charles Boddy to head
up this critical task.
Lawrence continued to see strong commercial investment with the expansion of
Commonwealth Motors’ new facility on Marston Street, the grand opening of CVS on
Broadway, NXSTAGE Medical’s new corporate headquarters on Merrimack Street, and
the state-of-the-art medical center at 25 Marston Street, to name a few. In the coming
year we anxiously await the campus expansion of Northern Essex Community College
and the continued gateway district investments.
Moving forward this year, we will be focused on our Small Business Revolving Loan
fund to help jump start local businesses and help our local economy. We also look to
expand on our commitment to public service funding which will go to support youth
leadership, training and recreation.
Public infrastructure on the rise
Despite limited resources, we have seen significant public investment in our City over the
course of the past year. No other administration has moved more rapidly and costefficiently on public infrastructure improvements than mine. I’m thankful for your
support on these efforts.
We have seen unprecedented water and sewer improvements over the past three years
and we will continue this surge so we may provide clean, safe, healthy drinking water to
our residents. Keep in mind with all of these improvements, our water and sewer rates
remain on the lower end of communities in the Commonwealth and we will continue to
make this a priority.
The most significant project that the Department of Public Works undertook during the
past year, and one that I am happy to say has been a great success, is our new trash
collection system. Last fall we went to fully automated system City-wide. This was not
an easy task.
But by partnering with a new company we are not only keeping our city clean, we are
also saving money. In a short period we have doubled our recycling rate and we will
continue to do so as we by continue educating and enforcing City ordinances.
Some other highlights over this past year include:



Repaving of 31 streets last summer and fall.
Sidewalk and wheelchair ramp repairs.
Unprecedented water and sewer improvements that will bring our City into the
next 25 years including meters, sewer lines, lift stations, solar panels, new
equipment, and strategic long-range plans.
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In the coming months, we will continue an aggressive plan to address the needs of each
and every district City-wide. We will stay focused on illegal dumping, working with our
Inspectional Services Department, who has made a huge dent in curbing this illegal
activity (Thank you Mike Hanson). We will maintain our collaboration with the
Department of Environmental Protection, and through the purchase of surveillance
cameras in 2013, will strive to keep our neighborhoods clean.
Community services on the rise
Even with limited resources, our City’s departments continue to provide needed services
throughout the year. I’m amazed at how many people we welcome into our Library,
Senior Center, Recreation Office, Veteran’s Office, and Health Department. People
count on us for many essential services, and it makes me feel better to know that we are
able to provide those services.
Our Library continues to see strong membership and daily use of its facilities by all
sectors of our community. This past year the Library kicked-off a new on-line course
which has proven to be successful and Director Maureen Nimmo is now partnering with
the Lawrence Public Schools to increase participation and awareness of the Library
services and its programs.
Our Senior Center remains one of the best of its kind in the Commonwealth. The
number of people who walk through its doors on a daily basis continues to rise. This past
year another 400 members joined and the Center provided over 51,000 units of services
to this community, from citizenship classes, to meals, to health initiatives, to my favorite
salsa exercise classes. Director Martha Velez continues to do great work on behalf of our
seniors.
Under the leadership of Director Jaime Melendez, Veteran’s Services has almost
doubled the former military men and women receiving benefits. The office is heavily
involved in community activities, volunteerism and awareness for our veterans. We must
continue to support our veterans, those on active duties and those coming home from
conflicts. Thank You Bill Collins for volunteering.
Recreation continued to provide our youth with outlets to enjoy. The office supported
over 15,000 residents with recreational services and supervisory management skills
development for youth during summer and vacation weeks and special events. The office
will look to expand programs in the coming year to include new physical instruction and
classes.
The Mayor’s Health Task Force is a major part of the health discussion in our
community, region and state levels. Our Community Development Department and
Health Department provide great support to this team, but under the leadership of Vilma
22
Lora, we have gone to new levels. The Task Force helped organize countless awareness
days and screenings throughout the year, but most importantly they focused on compiling
an extensive and complex matrix on demographics, health indicators, and trends to better
identify areas of needs and track performance for the future health of our community.
Our historic Bellevue Cemetery is making strides to update records to provide better
services to our residents. The limited cemetery crew, working under the leadership of
Tom Ferris, continues to make enhancements by way of plantings, trimmings and overall
landscaping improvements throughout the 110 acre site. We will continue this trend and
my hope is cross train our DPW workers to assist in the warmer months to help maintain
this sacred ground.
Lawrence is on the rise
In closing, I remain confident in the state of our City.
I ask all of you to join me in refusing to allow distractions to take us away from the job at
hand. I remain confident that in the coming year we can expect to continue seeing
ongoing fiscal recovery, reduced crime rates, better schools for our children, a steady
stream of capital improvements, and new revenues that will enhance our quality of life.
Thanks to the continuous hard work and dedication of this wonderful group of men and
women that I have called “My Administration” and the loyalty and continuous support
from the people of this community,
Lawrence is on the rise, and will continue moving forward”
Thank you.
[8:14 p.m. - Councilor Laplante presented a motion to recess Council
proceedings for 15 minutes. The motion was seconded Council Vice
President Rivera and unanimously approved [9-0] by
the Council Members present]
[8:30 p.m. - Councilor Vasquez presented a motion to resume the Council
proceedings. The motion was seconded by Councilor Reyes and unanimously [6-0]
approved by the Council Members present [Council Vice President River,
Councilor Laplante and Councilor Twomey being absent from the Council
Chambers when the vote was recorded]
23
VI. 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. 28/13: Appropriation Transfer – From: Free Cash to Capital Project
Fund: City Clerk/Elections and Annual Listing – Various Equipment - $100,000.00
– Mark J. Ianello, Finance Director – Ref. to Budget & Finance Cmt.
Doc. 29/13: Appropriation Transfer – From: Free Cash to General Fund: City
Clerk/Elections and Annual Listing - $140,000.00 – Mark J. Ianello, Finance
Director – Ref. to Budget & Finance Committee
VII. COMMITTEE REPORTS:
Doc. 197A/12: Loading Zone – Garden Street – Counc. Reyes – Ord. Cmt. & Public
Hearing ordered
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, seconded by Councilor Aquino and
unanimously approved by the Council Members present [7-0][Council Vice President
Rivera and Councilor Twomey being absent from the Council Chamber when the vote
was recorded].
Doc. 197A/12: Public Hearing Ordered
Doc. 197B/12: Resident Parking–Garden Street between Jackson & Newbury
Streets–– Counc. Reyes Ord. Cmt. & Public Hearing ordered
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
24
present [7-0][Council Vice President Rivera and Councilor Twomey being absent from
the Council Chamber when the vote was recorded].
Doc. 197B/12: Public Hearing Ordered
Doc. 210/12: Parking – Walnut Street – allow alternate street parking during
winter months – Counc. Vasquez – Ord. Cmt. & Public Hearing ordered
present [8-0][Council Vice President Rivera being absent from the Council Chamber
when the vote was recorded].
Doc. 210/12: Public Hearing Ordered
Doc. 323/12: Parking – 169 thru 190 South Union Street – 30 minute [7am to 8 pm]
– Council Pres. Moran – Ord. Cmt. & Public Hearing ordered
[8-0]. [Council Vice President Rivera was absent at the time of the vote]
Doc. 324/12: Parking – 170 thru 203 South Union Street – 30 minute [7 am to 8 pm]
– Council Pres. Moran -Ord. Cmt. & Public Hearing ordered
25
seconded by Councilor Reyes and unanimously approved by the Council Members
Doc. 328/12: Parking – Beacon Avenue (east side) near Andover Street –
restrictions – Counc. Bernal - Ord. Cmt. & Public Hearing ordered
Doc. 337/12: Handicapped Parking – 113 Myrtle Street – Santo Gabin –
Ord. Cmt. & Public Hearing ordered
seconded by Councilor Vasquez and unanimously approved by the Council Members
26
Doc. 341/12: Parking – 61-63 Olive Avenue – Loading Zone – (Drop-off & Pick-up
Zones) north side- Council Pres. Moran - Ord. Cmt. & Public Hearing ordered
Doc. 349/12: Authorization to expend grant funds [$27,500.00] – Mark J. Ianello,
Finance Director – Budget and Finance Cmt. - Approved
At the request of Council President Moran, Councilor Twomey presented the
report of the Budget & Finance Committee to approve the item presented. The report was
presented in the form of a motion to approve the item presented which was seconded by
Councilor Aquino and unanimously approved by the Council Members present
[8-0][Council Vice President Rivera being absent from the Council Chamber when the
vote was recorded].
Doc. 350/12: Old Gold and Second Hand Dealer Licenses – (5 day event) – Brian
Corley, Spindle City Precious – Ord. Cmt. – Approved
27
of the Ordinance Committee to accept the report presented without a recommendation.
The motion to receive the report was seconded by Councilor Aquino and unanimously
received by the Council Members present [9-0].
Councilor Bernal presented a motion to approve the petition presented subject to
the petitioner providing the Council Members with the location and dates of the event
subject to the petition and approval by inspection completed by Inspectional Services to
the City Clerk who may then issue the licenses. The motion was seconded by Council
Vice President Rivera and unanimously [9-0] approved by the Council Members present.
Doc. 1/13: Loading Zone – Delete – 276 Essex Street – Council Vice Pres. Rivera –
of the Ordinance Committee in the form of a motion to order a public hearing. The
motion was seconded by Councilor Aquino and unanimously approved by the Council
Members present [9-0].
Doc. 2/13: Claddagh Pub & Grill – request permission to conduct their 20th Annual
Road Race on Sunday, March 3, 2013, 11 a.m. to 1:00 p.m. - James
Karamourtopoulos – Council Pres. Moran – Ord. Cmt. - Approved
of the Ordinance Committee in the form of a motion to approve the item as presented.
Upon further discussion, Councilor Bernal amended her motion for approval to
require the petitioner to obtain tax and betterment “sign off” approvals for the property
28
Location to be submitted to the City Clerk prior to issuance of the necessary permits.
The motion was seconded by Councilor Laplante and unanimously [9-0] approved by the
Council Members present.
Doc. 2/13: Approved
Doc. 6/13: Pensions of surviving spouses of disabled employees – Acceptance of G.L.
c. 32, s. 101 [Annual Increased Cost if raised to 9K = $26,840.64] – Council Pres.
Moran – Budget and Finance Cmt. & Public Hearing ordered
presented the report 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 seconded by Councilor Vasquez and unanimously approved by the
Council Members present [9-0].
Doc.9/13: Transient Vendor License – Rafael Gonzalez – 48 Brook Street –
Ord. Cmt. – Approved
of the Ordinance Committee in the form of a motion to approve the petition presented.
The motion was seconded by Councilor Aquino and unanimously [9-0] approved by the
Doc.9/13: Approved
Doc. 302/12: Re-Classification of Payroll Supervisor to Payroll Specialist – Frank
Bonet, Personnel Director – Pers. Cmt. - Approved
At the request of Council President Moran, Councilor Almonte presented the
29
report of the Personnel Committee in the form of a motion to approve the item presented.
The motion was seconded by Councilor Aquino.
Upon being granted the floor, Councilor Laplante posed questions to Personnel
Director Frank Bonet who provided information concerning the support for the item
presented. Director Bonet informed the Council Members that Finance Director Ianello
proposes to reorganize the payroll office to assure that payroll records and distributions
are conducted professionally and accruately. Director Bonet explained that the result will
be a more efficient payroll staff and process if approved. Finance Director Ianello
provided additional information concerning the duties and responsibilities attendant to the
position.
present, Council President Moran called the motion to the attention of the Council
Members who unanimously approved the item presented [9-0].
Doc. 339/12: MIS Director Reclassification – Frank Bonet, Personnel Director –
Pers. Cmt. – Approved with first amendment only
report of the Personnel Committee in the form of a motion to approve the MIS Director
Reclassification as presented. The motion was seconded by Councilor Twomey.
Upon being granted the floor, Councilor Laplante made further inquired
concerning proposed salary to be paid the MIS Director if approved. Director Bonet
explained and discussed the basis for the proposed salary increase and recommended the
30
item be approved. A discussion ensued between Councilor Laplante and Director Bonet
regarding the duties and responsibilities attendant to the position with particular concern
expressed over the duties related to the Lawrence Police Department. Councilor Laplante
stated that information that results from police investigations is particularly confidential
and sensitive in nature which should be give due consideration in regard to extent of
access that current and future MIS Directors will be allowed. Councilor Laplante
suggested that the Police Chief should have some authority to select or reject the MIS
Director recommended for the position based upon considerations that the individual may
not be best suited to access information developed through police investigation. He
stated that establishing a requirement that the Chief of Police provide written approval of
the MIS Director and future candidates will assure that police information will remain
confidential. A discussion ensued between Councilor Laplante and Personnel Director
Bonet concerning the CORI review conducted on employees and applicants by the
Personnel Office and the more extensive CORI review conducted by the Police
Department which is a more extensive review of an individual’s criminal history.
Upon conclusion, Councilor Laplante moved to amend the motion to approve the item
presented by Councilor Almonte to (1) require a that the MIS Director and all future
applicants be subject to the more extensive CORI review conducted by the Lawrence
Police Department, and; (2) that the Council establish a requirement that the Chief of
Police provide written approval of the MIS Director recommended by the Mayor to fill
the position.
31
Upon being granted the floor, Councilor Almonte stated that she accepts the first
amendment as a “friendly amendment” to her motion for approval but does not accept the
second amendment suggested by Councilor Laplante.
Upon being recognize, Councilor Laplante thanked Councilor Almonte for
accepting the amendment to require the “extensive CORI” review and presented a motion
to amend Councilor Almonte’s motion for approval and “friendly amendment” to add a
requirement that the Chief of Police provide written approval of the MIS Director
recommended by the Mayor as a condition of the appointment and approval process.
The motion was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Vasquez suggested that the additional
written approval by the Chief of Police appears to be a practical consideration. A
discussion ensued between Councilor Laplante and Councilor Almonte as to the reason
for requiring the Police Chief’s approval. Councilor Almonte stated that the second
proposed requirement subject to the motion to amend is not necessary given the extensive
hiring process in place.
Council President Moran commented that the MIS Director position is subject to
extensive review and ultimately subject to final vote of approval by the City Council.
Director Bonet commented that the MIS Director position falls solely within the approval
of the Finance Director and final approval by the Mayor with the recent adoption of
legislation by the Council to reorganize the Finance Department. Director Bonet
discussed and explained the expanded duties of the MIS Director under the new
32
legislation. Upon being recognized, Finance Director Ianello provided additional
information concerning the duties and responsibilities of the MIS Department and its
Director.
present, Council President Moran called the motion for approval of the item with the
amendment to require the Police Department to conduct an extensive CORI review of the
MIS Director and future applicants to the attention of the Council Members. Upon vote
of the Council Members present, the motion to approve the item, with the amendment to
require the Police to conduct a CORI review of the MIS Director and future applicant to
the position was unanimously approved [9-0].
Upon being granted the floor, Councilor Laplante asked his motion to establish a
requirement that the Chief of Police provide written approval of the MIS Director
recommended by the Mayor to fill the position be considered by vote of the Council
Members.
Upon being granted the floor, Council Vice President Rivera posed questions to
Director Bonet about the extent that the MIS Director is solely dedicated to City
employment and whether someone in the position could maintain other employment.
Director Bonet informed the Council Members that he was not aware of any restriction
on any of the MIS personnel from accepting additional employment outside their
employment with the City of Lawrence. A discussion ensued between Director Bonet
and Council Vice President Rivera regarding the possible applicability of ethical
33
considerations as with other positions and if statutory waivers may be required.
present, Council President Moran called the motion presented by Councilor Laplante to
further amend the measure to include a requirement that the Police conduct the more
extensive CORI review of the MIS Director and future applicants to the position.
Upon vote of the Council Members present, the proposed amendment was defeated as
follows: Yes -2; No – 7:
Councilor Kendrys Vasquez - No
Councilor Marc Laplante - Yes
Councilor Roger Twomey - No
Councilor Estela Reyes – No
Councilor Sandy Almonte - No
Councilor Oneida Aquino – No
Councilor Eileen O’Connor Bernal - Yes
Council Vice President Dan Rivera - No
Council President Frank Moran - No
Doc. 339/12: Approved with first amendment only
Doc. 348/12: DPW Director Reclassification – Frank Bonet, Personnel Director –
Pers. Cmt. – Approved
At the request of Council President Moran, Councilor Almonte presented a
motion to receive the report of the Personnel Committee without a recommendation. The
motion was seconded by Councilor Aquino and the Council Members present voted
unanimously [9-0] to receive the report of the Personnel Committee without a
recommendation.
Councilor Almonte explained and discussed that the report of the Personnel
Committee resulted from concerns regarding the requirement that the Public Works
34
Director be a Licensed Procurement Officer among the qualifications.
to approve the item presented without striking the requirement that the position require
the candidate to be a Licensed Procurement Officer. The motion was seconded by
Councilor Bernal.
Upon being granted the floor, Councilor Bernal suggested it is a mistake to strike
procurement license requirement.
Upon being granted the floor, Councilor Twomey posed questions to Director
Bonet regarding the procurement license requirement. Director Bonet explained the
method of obtaining a procurement officer license. Councilor Twomey stated that the
additional requirements necessary to obtain a procurement officer certificate should not
be among the qualifications for the position.
Upon inquiry by Councilor Laplante, Director Bonet informed the Council that all
Department Heads recently attended a procurement seminar and were issued procurement
certificates.
Upon being granted the floor, Council Vice President Rivera stated that he
believes that there was an outside personnel evaluation and recommendation in favor of
the requirement that the Public Works Director be a licensed procurement officer.
Director Bonet explained and discussed the hiring recommendations of Bennett &
Associates in favor of employing a Public Works Director with procurement license
qualifications. Vice President Rivera stated that the procurement license qualification
35
should result form a complete 80 hour course with testing and not simply a certificate
after a seminar.
Upon being granted the floor, Councilor Laplante posed further questions to
Director Bonet concerning the position of the Administration on the matter pertaining to
the procurement license qualification requirement which Director Bonet stated that the
Administration relies upon the current procurement officer employed by the City of
Lawrence in her professional capacity. Councilor Laplante suggested that the
procurement license requirement should also be a qualification for many other positions
in the City of Lawrence.
Upon being granted the floor, Councilor Almonte commented about the
importance of maintain the procurement license requirement in the available position.
Council President Moran stated that due to the myriad of procurement issues that
each of the City Department Heads become involved with that maintaining procurement
qualifications appears to be beneficial.
present, Council President Moran called the motion to approve the item presented by
Council Vice President Rivera while retaining the procurement license requirement as a
qualification for the position to the attention of the Council Members. Upon vote of the
Council Members present, the item was approved as follows: 8-YES; 1-NO:
Council Vice President Rivera - Yes
Councilor Oneida Aquino - Yes
Councilor Sandy Almonte - Yes
Councilor Estela Reyes - Yes
36
Councilor Kendrys Vasquez - Yes
Council President Frank Moran – Yes
VIII. WITHDRAWALS:
Upon being recognized Councilor Bernal stated that there were several items
pending before the Ordinance Committee recommended for consideration of the Council
Members for withdrawal. Councilor Bernal moved to present the matters listed below in
“block” form for consideration of withdrawal from the City Council Agenda. The motion
was seconded by Council Vice President Rivera and Council Members present voted
unanimously [8-0] to withdraw the following matters from the City Council Agenda
[Councilor Laplante being absent from the Council Chambers when the vote was
recorded]
Doc. 273/12: Stop Sign – 4-way – Hampshire and Center Streets –
Counc. Vasquez – Ord. Cmt. - Withdrawn
307/12 Stop Sign – Jennings Avenue and Haverhill Street –
308/12 Stop Sign – Forest and Haverhill Streets –
309/12 Stop Sign – Irene and Haverhill Streets –
Counc. Vasquez – Ord. Cmt. – Withdrawn
310/12 Stop Sign – Columbus Avenue and Haverhill Street –
317/12 Stop Sign – Acton and West Streets –
37
318/12 Stop Sign – Chelmsford and Arlington Streets –
IX. OLD BUSINESS:
Council President Moran called the following two matters to the attention of the
Doc. 164/09: Disposition of City-owned Property at 9-11 Bromfield Street – (Tax
Map 149, Lot 18) – The subject real estate has an area of approximately 3,600
square feet, consists of vacant land, and is located in an (R-3/R-4) Residential
Zoning District – Richard Burke, Real Property Acquisition/Disposition Specialist –
Ref. to Housing Committee
Doc. 292/12: Operation of Taxi and Livery Vehicles in Lawrence-Amendment–
Authorization and Regulation –City Attorney Boddy – Ref. to Ordinance
Committee
X. TABLED MATTERS:
Doc. 85/12: Permit Parking–street designated–Section 10.40.060–Trenton Street
from Lawrence Street to Park Street - all day 7 days a week - Council Vice Pres.
Rivera & Counc. Reyes - Public Hearing/Re-Tabled
Councilor Twomey presented a motion to remove the item from the table which
was seconded by Councilor Laplante and unanimously approved by the Council
Upon being granted the floor, Councilor Twomey inquired about the progress of
the item on the measure presented. Council Councilor Reyes provided information
concerning the matter and stated that she would be finalizing her inquiry into the measure
by meeting with residents who are interested in the item next week.
Upon being granted the floor, Councilor Twomey motioned to re-table the item.
38
The motion was seconded by Councilor Reyes and unanimously [9-0] approved by the
Doc. 85/12: Re-Tabled
XI. TABLED MATTERS:
The following items remain “tabled” without further action:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
302/08
248/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Oak St.– (One Hr. Parking – 7am to 7pm) - Sec. 10.36.010.245 – Counc.
Moran
Residential Zoning District – Richard Burke, Planning Dept. – Hous. Cmt.
Sales – Dan McCarthy, Land Use Planner - Ord. Cmt. & Planning Bd. –
Public Hearing
39
XII. NEW BUSINESS:
16/13 Junk Dealer/Collector License – Auto Recyclers Group – 48-50 Medford Street–
Roger-A-Farah & Jose A. Cueto - Ref. to Ord. Cmt.
17/13 Traffic Study and Review of Intersection – Lenox Street and Lenox Circle–
Counc. Bernal – Ref. to Ord. Cmt.
18/13 Stop Sign – Amherst Street and Andover Street–Counc. Bernal – Ref. to Ord.
Cmt.
19/13 Stop Sign – Dracut Street and Clifton Street–Counc. Bernal – Ref. to Ord. Cmt.
20/13 Approval to pay prior year bills out of current year funds – for Visions
Government Solutions, Inc.[$9,400.00] Mark J. Ianello, Finance Director-Ref. to
Budget & Finance Cmt.
21/13 Approval to pay prior year bills out of current year funds – Milliman Company $5,250.00–Mark J. Ianello, Finance Dir. – Ref. to Budget & Finance Cmt.
22/13 Approval to pay prior year bills out of current year funds – Francis H. Maroney,
Inc. [$51,116.33]–Mark J. Ianello, Finance Director – Ref. to Budget & Fin. Cmt.
23/13 Authorization to expend grant funds – Mass Decontamination Unit [MDU] Grant
[$2,000.00]-Mark J. Ianello, Finance Director – Ref. to Budget & Finance Cmt.
24/13 Authorization to expend grant funds–Empowering Seniors to Prevent Healthcare
Fraud Grant-October 1, 2012 to March 31, 2013 [$5,500.00]-Mark J. Ianello,
Finance Director – Ref. to Budget & Finance Cmt.
25/13 Authorization to expend grant funds–Empowering Seniors to Prevent Healthcare
Fraud Grant-December 1, 2012 to May 31, 2013 [$3,000.00]–Mark J. Ianello,
26/13 Authorization to expend grant funds–Student Awareness of Fire Education Grant
[$7,625.00]-Mark J. Ianello, Finance Director – Ref. to Budget. & Fin. Cmt.
27/13 Proposed Amendment to Zoning Ordinance – Rezoning – 84 East Haverhill Street
– from an R-2 Residential Zone to a B-1Local Business Zone – Attorney Zoila
Gomez – Ref. to Ord. Cmt. & Planning Board
30/13 Proposed Amendment to Zoning Ordinance – Billboards – Daniel A. McCarthy,
Land Use Planner – Ref. to Ord. Cmt. & Planning Bd.
31/13 Authorization to expend grant funds–Massachusetts Municipal Police Service
Staffing Grant - [$321,551.00] - Mark J. Ianello, Finance Director – Ref. to
40
XIII. ADJOURNMENT:
Upon Motion of Councilor Vasquez duly seconded by Councilor Almonte, the
Council Members present voted unanimously to Adjourn.
ADJOURNED
(10:00p.m.)
Attest:
William J. Maloney
City Clerk
41
DATE: Tuesday, February 19, 2013
A REGULAR MEETING of the City Council was held on Tuesday, February
19, 2013 at 7: 15 p.m. in the City Council Chamber with all Members present except for
Councilor Bernal, Councilor Aquino and Councilor Laplante.
Approximately Ten [10] persons were present.
of City Council Meetings conducted Feb 5, 2013 were submitted by the City Clerk for
consideration and acceptance of the City Council Members.
Upon the motion of Council Vice President Rivera to accept the minutes as
presented duly seconded by Councilor Almonte, the Council Members present voted
unanimously [6-0] to accept the minutes.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke of the reduced crime
rate in Lawrence. He praised the Public Works Department for its good work clearing
the snow from the streets. Mr. Maali asked the Council Members to support the
42
Lawrence Firefighter’s effort to secure a contract. He commented on the improvements
of the Lawrence School Department with the “turnaround” plan implemented by State
Receiver Jeff Riley.
Francis Cialek, 260 South Union Street, Lawrence, MA stated that the City of
Lawrence should authorize a “Stadium Commission” which would help by creating
programs which will produce additional revenues. He wished Mr. Mendez of the
Lawrence School Department a speedy recovery from his illness informing the Council
Members that he is in the hospital and it would be nice to visit or call him. He stated that
the former Showcase Cinema building could be purchased and used as a State Police
Barracks in Lawrence which would improve public safety. He also stated that the City of
Lawrence needs a new police station. He favored a gasoline boycott to bring prices down
and supports the installation of lights for the area softball fields.
Richard Russell, 34 Cross Street, Lawrence, MA stated that there appear to be
communication difficulties with the Lawrence Firefighters while fighting fires. He
discussed the difficulty firefighters have communicating with other firefighters called to
an alarm. Mr. Russell also discussed the Lawrence Police Department website does not
have sufficient public information and needs to be improved to the quality of websites
that other cities and towns have in operation.
Doc. 197A/12: Loading Zone – Garden Street – Counc. Reyes – Ord. Cmt. – Public
Hearing held- Approved
43
notice regarding the above measure 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 to offer their input.
Upon a motion to approve the measure presented by Councilor Reyes, as
seconded by Council Vice President Rivera, the Council Members present voted
unanimously [6-0] to approve the measure.
Doc. 197A/12: Approved
Doc. 197B/12: Resident Parking – Garden Street between Jackson and Newbury
Streets – Counc. Reyes – Ord. Cmt. – Public Hearing held –
Approved/30 days waived
before the Council Members.
44
Francis Cialek, 260 South Union Street, Lawrence, MA stated that the City should
allow people park in the municipal parking lot during snow emergencies so the Public
Works Department can clear the streets of snow without parked cars being in the way.
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 recognized, Councilor Reyes presented a motion to approve the
measure presented which was seconded by Councilor Vasquez and unanimously
approved by the Council Members present [6-0].
Councilor Reyes moved further to waive any applicable 30 days waiting period
pursuant to section 3.8(a) of the Lawrence City Charter. The motion was seconded by
Council Vice President Rivera and unanimously approved by the Council Members
Present [6-0].
Doc. 197B/12: Approved/30 days waived
Doc. 323/12: 169 thru 190 South Union Street – 30 Minute Parking [7am to
8pm][Amended to One Hour Parking] – Council Pres. Moran –
Ord. Cmt. -Public Hearing held – Approved as amended
45
amend the measure to provide for one hour parking and further moved the Council
Members to approve the measure as amended. The motion was seconded by Councilor
Reyes and the Council Members presented unanimously approved the measure as
amended [6-0].
Doc. 323/12: Approved as amended
Doc. 324/12: 170 thru 203 South Union Street –30 Minute Parking [7am to
8pm][Amended to One Hour Parking] – Council Pres. Moran – Ord. Cmt. – Public
Hearing held – Approved as amended
46
Council Members.
amend the measure to provide for one hour parking and further moved the Council
Members to approve the measure as amended. The motion was seconded by Councilor
Reyes and the Council Members presented unanimously approved the measure as
amended [6-0].
Doc. 324/12: Approved as amended
Doc. 341/12: Parking – 61-63 Olive Avenue – (2) 15 minute parking spaces–
[Drop-off & Pick-up Zones] north side–Council Pres. Moran-Ord. Cmt.
Public Hearing held – Approved/30 Days Waived
47
measure presented and to way any applicable thirty (30) day waiting period pursuant to
section 3.8(a) of the Lawrence City Charter. The motion was seconded by Councilor
Reyes and unanimously approved by the Council Members [6-0].
Doc. 341/12: Approved/30 Days Waived
Doc. 1/13: Loading Zone – Delete – 276 Essex Street – Council Vice Pres. Rivera –
Ord. Cmt. – Public Hearing held – Approved/30 Days Waived
Council Members.
48
approve the measure presented and to waive any applicable thirty (30) day waiting period
Doc. 6/13: Pensions of surviving spouses of disabled employees – Acceptance of
G.L. c. 32, s. 101 [Annual Increased Cost if raised to 9K = $26,840.64] – Council
Pres. Moran – Budget and Finance Cmt. – Public Hearing held - Approved
Council Members.
Gina Rizzo of the Lawrence Retirement Board, 13 Rachel Road, Methuen, MA
informed the Council Members that she was present to provide any further or additional
information if needed.
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.
49
approve the measure presented. The motion was seconded by Councilor Twomey and
unanimously approved by the Council Members present[6-0].
Doc. 6/13: Approved
IV: Communication from Mayor, City Officials & City Attorney: - None
Doc. 28/13: Appropriation Transfer – From: Free Cash to Capital Project Fund:
City Clerk/Elections and Annual Listing – Various Equipment [$100,000.00]- Mark
J. Ianello, Finance Director – Budget and Finance Cmt.& Public Hearing Ordered
item presented. The motion to order a public hearing was seconded by Councilor
Twomey and unanimously approved by the Council Members present [6-0].
Clerk/Elections and Annual Listing [ $140,000.00] Mark J. Ianello, Finance Director
– Budget and Finance Cmt. & Public Hearing Ordered
hearing which was seconded by Councilor Twomey.
Upon being granted the floor, Council Vice President Rivera clarified that Doc.
50
28/2013 is a request to appropriate funds to purchase election equipment and Doc.
29/2013 is for the appropriation to fund the cost and expense for the Special State
Primary and Special State Election to elect a Massachusetts Senator to Congress.
Upon no further inquiry, comment or discussion the Council Members present
voted unanimously to order a Public Hearing on the item presented [6-0].
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. 36/13: Appropriation Transfer – From: Free Cash to General Fund – Police
Department–Equipment [$15,000.00]-Mark J. Ianello Finance Director –
Ref to Budget & Finance Committee
to take the following three Resolutions as a block. The motion was seconded by
Councilor Vasquez and unanimously [6-0] approved by the Council Members present.
Doc. 42/13: Resolution - Environmental Restorations Inc. - President/Owner:
Chuck Minasali-Council Pres. Moran - Presented
Doc. 43/13: Resolution - RM Technologies - President/Owner: Rafael Guzman –
Council Pres. Moran - Presented
Doc. 44/13: Resolution - American Veteran Environmental Inc. - President/CoOwner: Jorge J Torres – Council Pres. Moran – Presented
Council President Moran read and presented the above Resolutions to the
recipients.
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VI. COMMITTEE REPORTS:
Doc. 325/12: Handicapped Parking – Jackson Street near Canal Street – Joan
Finocchiaro – Ord. Cmt. & Public Hearing ordered
At the request of Council President Moran, Councilor Vasquez presented the
report of the Ordinance Committee to order a public hearing on the measure presented,
pending the report from Officer Scanlon. The report was presented in the form of a
motion, seconded by Councilor Almonte and unanimously approved by the Council
Doc. 16/13: Junk Dealer/Collector License – Auto Recyclers Group – 48-50
Medford Street – Roger-A-Farah/Jose A. Cueto – Ord. Cmt. - Approved
report of the Ordinance Committee in the form of a motion to approve the petition as
presented. The motion was seconded by Councilor Reyes and unanimously approved by
the Council Members present [6-0].
Doc. 20/13: Approval to pay prior year bills out of current year funds – for Visions
Government Solutions, Inc.[$9,400.00] Mark J. Ianello, Finance Director-Budget
and Finance Cmt. – Approved
presented the report of the Budget & Finance Committee to approve the measure as
presented. The report was presented in the form of a motion to approve the item
presented which was seconded by Councilor Vasquez and unanimously approved by the
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Council Members present. [6-0]
Doc. 21/13: Approval to pay prior year bills out of current year funds – Milliman
Company [$5,250.00]–Mark J. Ianello, Finance Dir. - Budget and Finance Cmt. –
Approved
presented the report of the Budget & Finance Committee in the form of a motion to
approve the item presented. The motion was seconded by Councilor Twomey and
unanimously [6-0] approved by the Council Members present.
Doc. 22/13: Approval to pay prior year bills out of current year funds – Francis H.
Maroney, Inc. [$51,116.33]–Mark J. Ianello, Finance Director – Budget and Finance
Cmt. - Approved
approve the item presented which was seconded by Councilor Almonte.
Upon being granted the floor, Council Vice President Rivera discussed and
explained the billings which reflect school building repairs.
Upon being granted the floor, Councilor Twomey discussed repairs to the
Lawrence School Department Offices located at 225 Essex Street in Lawrence and posed
questions to Finance Director Mark Ianello who informed the Council Members that
repairs to the building are required by the lease agreement with the owner of the building.
Director Ianello provided a copy of the lease agreement which the Council Members
53
reviewed.
Upon no further discussion, comment or inquiry the Council Members present
Doc. 23/13: Authorization to expend grant funds – Mass Decontamination Unit
[MDU] Grant [$2,000.00]-Mark J. Ianello, Finance Director – Budget and Finance
Cmt. – Approved
approve the item presented. The motion was seconded by Councilor Almonte and
Doc. 24/13: Authorization to expend grant funds–Empowering Seniors to Prevent
Healthcare Fraud Grant-October 1, 2012 to March 31, 2013 [$5,500.00]-Mark J.
Ianello, Finance Director – Budget and Finance Cmt. - Approved
Doc. 26/13: Authorization to expend grant funds–Student Awareness of Fire
Education Grant [$7,625.00]-Mark J. Ianello, Finance Director – Budget and
Finance Cmt. - Approved
At the request of Council President Moran, Council Vice President Rivera presented the
54
report of the Budget & Finance Committee in the form of a motion to approve the item
presented. The motion was seconded by Councilor Almonte and unanimously approved
by the Council Members present [6-0].
Doc. 25/13: Authorization to expend grant funds–Empowering Seniors to Prevent
Healthcare Fraud Grant-December 1, 2012 to May 31, 2013 [$3,000.00]–Mark J.
Ianello, Finance Director – Budget and Finance Cmt. – Approved
Doc. 31/13: Authorization to expend grant funds–Massachusetts Municipal Police
Service Staffing Grant - [$321,551.00] - Mark J. Ianello, Finance Director Approved
VIII. OLD BUSINESS:
Doc. 226/12: Illegal Dumping – Home Rule Petition – Amendment – Councilor
Laplante – Tabled
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Council President Moran introduced the measure informing the Council Members
present that the Massachusetts House of Representatives forwarded suggested
amendments to the Home Rule Petition forwarded for their consideration and approval.
He stated further that Councilor Laplante originally sponsored the measure and his input
and comments on the matter presented may be important.
Upon being granted the floor, Councilor Reyes presented a motion to table the
item which was seconded by Councilor Twomey and unanimously [6-0] approved by the
Doc. 226/12: Tabled
IX. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
56
201B/12
278/12
284/12
302/08
248/12
Moran
Public Hearing
X. NEW BUSINESS:
32/13 Vacant/Foreclosed Property Maintenance –Counc. Vasquez
Ref. to Housing and Ordinance Committees
33/13 Mediation of Foreclosures of Owner-Occupied Residential Property–Counc.
Vasquez – Ref. to Housing and Ordinance Committees
34/13 Junk Dealer/Collector License-Arthur Caras–15 Medford Street, Lawrence, MA –
Ref. to Ord. Cmt.
35/13 Fountain of Salvation Christian Church, Inc. –165 Haverhill Street, Lawrence,
MA - request permission to use the Campagnone Common Park-August 17,
2013[4:00 pm to 8:00 pm]- to hold an Evangelist Event – Rev. Luis B. Leonor,
Pastor – Ref. to Ord. Cmt.
37/13 New Poll Location – District C-1 [From Engine 8 Firehouse, 329 Ames Street to
Lawrence Family Day Charter School, 34 West Street] – William J. Maloney,
City Clerk – Ref. to Ord. Cmt.
38/13 Groundwork Lawrence–request permission to hold their Annual Earth Day Clean
Up, in partnership with Comcast Cares Day-Saturday, April 27th, 2013 [9:00 am
to 1:00 pm]- Rosa E. Pina, Outreach & Events Manager – Ref. to Ord. Cmt.
39/13 Department of Training and Development/SEIU Local 888 Contract – Mayor
William Lantigua – Ref. to Budget & Finance Cmt.
40/13 Surplus Declaration–147 Haverhill Street- (Tax Map 107, Lot 6)–real property
with an area of approximately 15,047 square feet with a three-story wooden
structure and a one-masonry structure, located in an (R-2) Residential Zoning
District – Richard Burke, Real Property Specialist – Ref. to Housing Cmt.
57
41/13 Creation of a Second Field Operations Manager–Lead Rehab positionCommunity Development Department – James H. Barnes – Ref. to Ord. Cmt.
45/13 Holy Trinity Complex – conversion to housing not progressing as approved by
Planning Board – Jonas Stundza – Ref. to Housing Cmt.
ITEM[S] ADDED AT THE MEETING
Doc. 46/13: New Poll Location-District A-4 [Former Storrow School Building, 50
Pleasant Street – New Location to be determined]-William J. Maloney, City
Clerk – Ref. to Ord.
Council President Moran introduced the item explaining that the City Clerk had
recently received information that the Storrow School was sold by the current owner to
the Community Day Charter School who has plans in place to renovate the building over
the next five or six months. The building would not be available to occupy during this
period of time making it necessary to move the polling place for District A-4 voters. He
informed the Council Members of the urgency of the matter and asked the Council
Members to take immediate action.
Upon being granted the floor, Councilor Almonte presented a motion to suspend
the Rules of the City Council and declare Document 46/13 an emergency measure in
order to add the item to the Council Agenda. The motion was seconded by Councilor
Vasquez and the Council Members approved the motion as presented.
Council President Moran then referred the item to the Ordinance Committee for
further proceedings.
Doc. 46/13: Ref. to Ord. Cmt.
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XI. ADJOURNMENT:
Upon motion of Council Vice President Rivera duly seconded by Councilor
Almonte, the Council Members present voted unanimously to Adjourn.
ADJOURNED
(08:00p.m.)
Attest:
William J. Maloney
City Clerk
59
DATE: Tuesday, March 5, 2013
A REGULAR MEETING of the City Council was held on Tuesday, March 5,
2013 at 7: 10 p.m. in the City Council Chamber with all Members present.
Approximately Twenty [20] persons were present.
of City Council Meetings conducted February 19, 2013 were submitted by the City Clerk
Upon the motion of Councilor Almonte to accept the minutes as presented duly
accept the minutes.
Francis Cialek, 260 South Union Street, Lawrence, MA commented that two
homeless veterans recently froze to death stating that this should not be allowed to
happen. Mr. Cialek stated that he believes more cameras should be installed to help
prevent illegal dumping in Lawrence.
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[Tuesday, March 5, 2013]
Dick Blatchford, 3 Harrison Street, Lawrence, MA spoke about the Veteran’s
transfer appropriation [Doc. #54/13]. He discussed Veteran’s benefit distributions
commenting that not enough is being done for Veterans.
Mark Gray, 4 Plisch Way, Lawrence, MA spoke in opposition to the proposed
purchase of assault weapons subject to Council appropriation. He stated the weapons
system is dangerous and requires specialized training.
Richard Russell, 34 Cross Street, Lawrence, MA commented that the Lawrence
Police made some good arrests today. He spoke in opposition of the proposed purchase
of assault weapons by the Lawrence Police. Mr. Russell stated that the cost and expense
of conducting the Special State Primary and Election should not be paid by the City of
Lawrence commenting that the cost of these elections should be paid by Secretary of
State John Kerry who left the Senate position vacant and could afford to pay for the cost
of electing a new Senator to Congress. He stated the salaries paid to police officers who
are suspended pending trial should be recouped once they are convicted.
Upon no further public comment offered by anyone present, Council President
Moran closed the public comment portion of the proceedings.
Doc. 210/12: Parking – Walnut Street – allow alternate street parking
during winter months – Counc. Vasquez – Public Hearing held - Approved
61
Council Members.
Frankie Robinson, 36 Bennington St., Lawrence, MA stated that he was present to
offer comment on another matter. Council President Moran allowed Mr. Robinson to
offer his comments if he wished.
Mr. Robinson stated that cars are constantly running the stop sign near the Tarbox
School placing students and all other people in danger. He stated the City Streets need to
be cleaned and that cars should be towed if necessary to clean the streets. He stated that
the school areas need better police coverage to assure traffic safety.
After completion of Mr. Robinson’s comments and upon being recognized,
Councilor Vasquez presented a motion to approve the item presented, as seconded by
Council Almonte.
Upon being granted the floor, Councilor Twomey informed the Council Members
that the City Engineer recommended against approving the measure presented.
Upon being granted the floor, Councilor Vasquez stated that approval of the
measure will prevent further ticketing of neighborhood residents and allow for additional
“on street” parking in the area.
Upon being granted the floor, Councilor Bernal commented that consideration
should be given to the report of the police liaison.
Upon being granted the floor, Councilor Laplante stated that Officer Scanlon had
not submitted a report on the measure.
62
Upon being recognized, Councilor Laplante moved to table the item. The motion
was seconded by Councilor Almonte and the Council Members present defeated the
motion to table the item as follows: Yes-3; No-6
Councilor Roger Twomey - Yes
Councilor Eileen O’Connor Bernal - No
implementation of alternate parking if the ordinance is approved. He stated that if the
ordinance is approved and does not work then the matter may be subject to
reconsideration.
Upon no further discussion or comment offered by the Council Members present,
Council President Moran called the motion for approval presented for consideration of
the Council Members present.
The Council Members present voted to approve the measure presented as follows:
Yes-6; No-3
63
Councilor Marc Laplante - No
Doc. 328/12: Parking – Beacon Street (east side) near Andover Street – restriction
added – Counc. Bernal – Public Hearing held - Approved
Upon being granted the floor, Councilor Bernal presented a motion to approve the
item but to amend the petition by allowing the measure to be “ADDED” to the ordinance
section affected rather than “DELETED”. The motion was seconded by Council Vice
President Rivera.
Upon being granted the floor, Councilor Laplante discussed the proposed
approval in order to clarify the effect of the approval.
A discussion ensued among Councilor Vasquez, Councilor Bernal, and Councilor
Twomey regarding the intended result and the implementation of the ordinance provision
64
if approved.
Council President Moran stated that he is confident in the reports filed by Officer
Scanlon in this and all other matters.
Members present to consider the measure presented.
Upon a motion to approve the measure presented by Councilor Bernal and
unanimously [9-0] to approve the measure with the amendment offered by Councilor
Bernal.
Doc. 337/12: Handicapped Parking – 113 Myrtle Street – Santo Gabin – Public
Hearing held – Approved/30 days waived
Council Members.
65
measure and waive any applicable 30 day waiting period that may be required by section
3.8(a) of The Lawrence City Charter. The motion was seconded by Councilor Aquino
and unanimously approved [9-0] by the Council Members present.
Doc. 337/12: Approved/30 Days waived
Doc. 28/13: Appropriation Transfer – From: Free Cash to Capital Project Fund:
City Clerk/Elections and Annual Listing – Various Equipment [$100,000.00] –
Mark J. Ianello, Finance Director – Public Hearing held – Approved
Council Members.
to approve the item presented with an amendment that the City Clerk provides each poll
worker with a training pamphlet. The motion was seconded by Councilor Reyes.
Upon being granted the floor, Council Vice President Rivera commented that a
66
performance review of the election of November 6, 2012 conducted by the Budget and
Finance Committee demonstrates the need that each poll worker should be provided with
a training pamphlet during training sessions. Council Vice President Rivera stated that
the motion to approve should state that the City Clerk provide a training manual to all
Election Wardens, Election Clerks and poll workers.
Upon being granted the floor, Councilor Laplante posed questions to Finance
Director Ianello about other grants being pursued and about the need for supplying
election equipment at this time. Councilor Lapalnte stated that it is important to evaluate
the need to prioritize public safety matters in relation to the proposed purchase of election
equipment.
Upon being granted the floor, Council Vice President Rivera explained that the
Budget and Finance Committee considered several options to provide a sufficient supply
of voting equipment including repair of existing voting booths, obtaining the assistance
of the Greater Lawrence Vocational School staff and students to build voting booths, as
well as considering offers by interested neighborhood associations and community
groups who offered their skill and expertise to help build and/or repair a supply of voting
booths and equipment informing the Council Members that the several methods of
increasing the supply of voting equipment needed all would not meet the time
requirements sufficient to allow the equipment to be put into service in time to assure use
in the upcoming Special State Primary in April and the Special State Election in June
when they will be needed. He stated that other considerations such as the professional
67
repair and warranty replacement of equipment was not available if the equipment was
obtained through the efforts of volunteers, schools, and community groups. He stated
further that a review of the allocation of 1.3 million dollars from free cash recently
approved and applied to other uses should be reconsidered to assure the best use of
available funds particularly in relation to public safety needs of the City of Lawrence.
Upon being granted the floor, Councilor Twomey discussed the several
construction alternatives suggested and commented that although many the various
methods of obtaining inventory supply may be cost effective they would not be timely
enough to address the immediate need for inventory.
Upon being granted the floor, Councilor Laplante discussed the proposal and bid
process with Finance Director Ianello and City Clerk Maloney as followed by the
Purchasing Agent in this matter.
Council President Moran suggested that although construction alternatives are
attractive, the purchase of new equipment would likely have a longer life expectancy and
repair and replacement would be more readily available.
Council President Moran called upon the Members present to consider the matter
presented.
Upon a motion to approve the measure presented by Council Vice President
Rivera, as seconded by Councilor Reyes, the Council Members present voted
68
unanimously [9-0] to approve the item presented.
Clerk/Elections and Annual Listing [$140,000.00] Mark J. Ianello, Finance Director
– Public Hearing held – Approved
Council Members.
Dick Russell, 34 Cross Street, Lawrence, MA asked about the source of “free
cash” which Finance Director Ianello explained.
to approve the item presented which was seconded by Councilor Aquino.
necessity of the appropriation to fund a State mandated Special State Primary and
Election commenting that the City is required to provide the initial capital outlay but will
recoup some of the funds through the usual State supplement after the elections occur.
69
voted unanimously [8-0] to approve the appropriation transfer presented [Councilor
Reyes being absent from the Council Chamber at the time the vote was recorded].
Doc. 36/13: Appropriation Transfer–From: Free Cash to General Fund–Police
Department–Equipment [$15,000.00]-Mark J. Ianello Finance Director –Budget and
Finance Cmt. – Public Hearing Ordered
presented a motion to accept the report of the Budget & Finance Committee. The motion
was seconded by Councilor Vasquez and the Council Members present unanimously
[9-0] voted to receive the report of the Budget & Finance Committee.
approve the item as presented which was seconded by Councilor Twomey.
Upon being granted the floor, Councilor Almonte posed questions to Chief
Romero regarding the need for fire power. Chief Romero discussed and explained the
necessity of obtaining the equipment subject to the petition. A discussion ensued
between Councilor Almonte and Chief Romero regarding the intended use of the
weapons subject to the proposed purchase by Lawrence Police Officers. Councilor
Almonte suggested that officers using these weapons should be specially trained and
should also be subject to additional psychological evaluation to assure the safe use of the
high powered weapons.
70
Upon being granted the floor, Council Vice President Rivera moved to amend his
original motion for approval to enter an order for a public hearing. The motion was
seconded by Councilor Almonte and the Council Members present voted as follows to
order a Public Hearing on the measure presented. Yes-8; No-1
Councilor Estela Reyes – Yes
Councilor Oneida Aquino – Yes
Council Vice President Dan Rivera - Yes
A discussion ensued among the Council Members regarding the necessity of
ordering a public hearing on the item presented.
Doc. 54/13: Appropriation Transfer–From: Free Cash to General Fund–Veteran’s
Benefits [$355,000.00]-Mark J. Ianello, Finance Director –
Doc. 55/13: Appropriation Order–Authorization to borrow–extraordinary repairs–
Guilmette School-[$3,000,000.00]-Mark J. Ianello, Finance Director – Ref. to Budget
& Finance Cmt.
Doc. 346/12: Handicapped Parking–177 Salem Street–Rubertina Ortiz–Ord. Cmt.
& Public Hearing ordered
71
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 which was
seconded by Councilor Almonte and unanimously approved by the Council Members
present [8-0]. [Councilor Aquino being absent from the Council Chamber at the time the
vote was recorded].
Doc. 347/12: Handicapped Parking–24 Salem Street–Sheila Rodriguez–Ord. Cmt.
& Public Hearing ordered
present [8-0]. [Councilor Aquino being absent from the Council Chamber at the time the
vote was recorded].
Doc. 34712: Public Hearing Ordered
Doc. 7/13: Handicapped Drop-off Parking Space–Loading Zone-Lawrence Medical
Center-320 Essex Street – Gary W. Hamilton, Clinic Administrator–Ord. Cmt. &
Public Hearing ordered
seconded by Councilor Bernal and unanimously approved by the Council Members
present [8-0]. [Council Vice President Rivera being absent from the Council Chamber at
72
the time the vote was recorded].
Doc. 713: Public Hearing Ordered
Doc. 34/13: Junk Dealer/Collector License-Arthur Caras–15 Medford Street,
Lawrence, MA–Ord. Cmt. - Approved
report of the Ordinance Committee to approve the petition as presented. The motion was
seconded by Councilor Twomey.
Upon being granted the floor, Councilor Twomey discussed whether or not the
approval of the petition for a Junk Dealer/Collector License was properly before the City
Council Members pursuant to the City Ordinances and other licenses that are within the
jurisdiction of the Licensing Board.
unanimously approved the item as presented [9-0].
Doc. 38/13: Groundwork Lawrence–request permission to hold their Annual Earth
Day Clean Up, in partnership with Comcast Cares Day on Saturday, April 27th,
2013 [9:00 am to 1:00 pm]–Rosa E. Pina, Outreach & Event Manager –
Ord. Cmt. - Approved
report of the Ordinance Committee recommending the approval of the item presented.
The report was presented in the form of a motion to approve which was seconded by
Council Vice President Rivera.
At the request of Councilor Laplante, Ms. Pina provided additional information
73
on behalf of the petitioner regarding Earth Day activities and events.
Upon being granted the floor, Councilor Twomey asked Ms. Pina about trash pick
up activities and volunteers to assist.
Upon no further inquiry, comment or discussion Council President Moran called
the motion to the attention of the Council Members present who unanimously voted to
approve the item as presented [9-0].
37/13 New Poll Location – District C-1 [From Engine 8 Firehouse, 329 Ames Street
to Lawrence Family Day Charter School, 404 Haverhill Street] – William J.
Maloney, City Clerk – Ord. Cmt. - Approved
report of the Ordinance Committee recommending the approval of the item presented.
The report was presented in the form of a motion to approve the item presented which
was seconded by Councilor Reyes 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].
Doc. 46/13: New Poll Location-District A-4 [Former Storrow School Building, 50
Pleasant Street– Ministerio Cristiano Jesucristo es el Señor-96 East Haverhill
Street] William J. Maloney, City Clerk–Ord. Cmt. – Approved
report of the Ordinance Committee recommending the approval of the item as presented.
74
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
Doc. 164/09: Amended Disposition– 9-11 Bromfield Street–(Tax Map #149, Lot
18)(R-3/R-4) –3,600 square feet–Iraida Torres (1,800 Square feet)-Lily Calderon
(1,800 square feet)–each paid $1,800.00–Richard Burke,
Real Property Specialist - Approved
At the request of Council President Moran, Councilor Laplante presented a
motion to receive the report of the Housing Committee. The motion was seconded by
Councilor Reyes and the Council Members present voted unanimously [8-0] to receive
the report of the Housing Committee. . [Councilor Almonte being absent from the
Upon being granted the floor, Councilor Laplante moved to split Document
164/09 into two separate documents as follows:
Doc. 164A/09: (Tax Map #149, Lot 18A) to Iraida Torres for $1,800.00
Doc. 164B/09: (Tax Map #149, Lot 18B) to Lily Calderon for $1,800.00
Councilor Laplante further moved that the Council Members amend the prior disposition
to reflect the disposition provided in the newly split documents in accord with the metes
and bounds description provided by the Planning Department along with the conditions
as referenced in the documents and information provided by the Planning Department.
The motion was seconded by Council Vice President Rivera and the Council
Members present voted unanimously [8-0] to approve the disposition of the real property
75
subject to the motion presented. [Councilor Almonte being absent from the Council
Chamber at the time the vote was recorded].
Doc. 164B/09: Approved
Doc. 10/13: Surplus Declaration– 46 Eutaw Street – (Tax Map 130, Lot 36) - The
subject real estate has an area of approximately 3,107 square feet, consists of vacant
land, and is located in an R-3/R-4 Residential Zoning District – Richard Burke,
Real Property Specialist – Hous. Cmt. – Declared Surplus & Ref. to Housing Cmt.
At the request of Council President Moran, Councilor Laplante presented the
report of the Housing Committee recommending the Council Members declare the real
property subject to the petition as surplus property and that the matter be referred to the
Housing Committee for further proceedings. The report was presented in the form of a
motion to approve the recommendation which was seconded by Councilor Aquino and
unanimously approved by the Council Members present [8-0]. [Councilor Almonte being
absent from the Council Chamber at the time the vote was recorded].
Council President Moran then referred the matter to the Housing Committee for
Doc. 10/13: Declared Surplus & Ref. to Housing
Doc. 11/13: Surplus Declaration – 24-26 Basswood Street – (Tax Map 151, Lot 12) –
The subject real estate has an area of approximately 4,356 square feet, consists of
vacant land, and is located in an (R-3/R-4) Residential Zoning District – Richard
Burke, Real Property Specialist – Declared Surplus
& Referred to Housing Committee
76
motion to approve the recommendation which was seconded by Councilor Almonte and
unanimously [8-0] approved by the Council Members present. [Councilor Bernal being
Council President Moran then referred the matter to the Housing Committee for
Doc. 11/13: Declared Surplus & Ref. to Housing
Doc. 40/13: Surplus Declaration–147 Haverhill Street- (Tax Map 107, Lot 6)–real
property with an area of approximately 15,047 square feet with a three-story
wooden structure and a one-masonry structure, located in an (R-2) Residential
Zoning District – Richard Burke, Real Property Specialist – Hous. Cmt. –
Charter Objection
motion to approve the recommendation which was seconded by Councilor Almonte.
Upon being granted the floor, Councilor Laplante discussed the intended use of
the property subject to the petition would be to keep the parking next to the building for
continued parking by the Senior Center. A discussion ensued between Richard Burke,
Real Property Specialist and Councilor Laplante about the future use of the property by
the Senior Center.
77
risk/needs reports obtained and whether continued use of the building or property by City
Departments were indicated. Council Vice President Rivera suggested that the future use
of the property may be of some benefit to the City either by the Senior Center or by the
Veteran’s Affairs Office. Council Vice President Rivera expressed concern that the
Council should not declare the property surplus until there is a definite plan for its use in
place to avoid.
A discussion ensued between Councilor Laplante, Council Vice President Rivera,
and Council President Moran regarding possible use of the property for the Senior
Center. Real Property Specialist, Richard Burke explained that no definite use of the
property has been determined as of yet.
Upon being granted the floor, Councilor Twomey discussed the procedures that
surplus and sale may take with Real Property Specialist, Richard Burke.
Upon being granted the floor, Councilor Laplante stated that discussions with the
Administration should be encouraged.
Upon being granted the floor, Council Vice President Rivera entered a Charter
Objection pursuant to City Charter Sec. 3.8(c).
Council President Moran informed the Council that all further proceedings
regarding this item were suspended until the next session of the Lawrence City Council.
Doc. 40/13: Charter Objection
Doc. 39/13: Department of Training and Development/SEIU Local 888 Contract –
FY’12-$31,122.00; FY’13-$30,839.00; FY’14-$24,040.00; and FY’15-$24,649.00 –
Mayor William Lantigua – Budget and Finance Director - Approved
78
presented which was seconded by Councilor Aquino.
Upon being granted the floor, Council Vice President Rivera explained the
purpose of presenting the item informing the Council Members that the financing of the
item would not be drawn from the General Fund of the City of Lawrence.
Upon being granted the floor, Councilor Laplante inquired if the item has
anything to do with the City of Lawrence. Upon questions posed by Councilor Laplante,
Finance Director Ianello explained that the item does affect City of Lawrence employees
but that the funding has no impact on the General Fund of the City of Lawrence.
Raphael [last name unknown], resident of Haverhill, Massachusetts and Executive
Director of the Workforce Investment Bureau [hereinafter referenced as WIB] provided
information concerning the item presented and urged approval by the Council Members.
Upon continuing, Councilor Laplante suggested there is no accountability over
the monies funding the measure presented.
Raphael [WIB representative] provided further and additional information
regarding the item presented. Upon being recognized, Finance Director Ianello provided
the Council Members with information concerning the financial obligations of the City of
Lawrence with additional information pertaining to the source of funding.
Madeline Garcia, SEIU Union representative, addressed the Council regarding
79
union negotiations resulting in the item presented for consideration of the Lawrence City
Council Members.
Barbara Begin, Chair of the State Workforce Investment Board provided
additional information to the Council Members regarding the result of union negotiations.
Upon being granted the floor, Councilor Vasquez stated he has enough
information and is ready to vote on the item presented.
Members who voted unanimously to approve the item as presented [9-0].
VII. WITHDRAWALS:
Doc. 238/10: Mintz-Levin – information to request on lawsuit and payments –
Counc. Maldonado – Budget and Finance Cmt. – Withdrawn
Upon being recognized by Council President Moran, Council Vice President
Rivera presented a motion to withdraw the above matter from the City Council Agenda
without further proceedings. The motion was seconded by Councilor Twomey and
unanimously approved [9-0] by the Council Members present.
Doc. 238/10: Withdrawn
Doc. 243/10: Mintz-Levin and other(s) – review of misappropriation of funds
(previous administration) regarding payments – Council Vice Pres. Silva – Budget
and Finance Cmt. – Withdrawn
80
without further proceedings. The motion was seconded by Councilor Almonte and
Doc. 314/10: Water and Sewer Bills – financial review and the current status –
Councilor Rivera – Budget and Finance Cmt. – Withdrawn
Doc. 234/11: Property Tax Incentives for Business and Industrial Properties –
Counc. Laplante – Budget and Finance Cmt. – Withdrawn
Doc. 45/12: Fire Department and Police Department – Grants – Financial Review,
Status and Projection of Public Safety – Council Vice Pres. Rivera – Budget and
Finance Cmt. – Withdrawn
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Doc. 69/12: Financial Update: School Transportation Contracts – Council Vice
Pres. Rivera – Budget and Finance Cmt. – Withdrawn
Doc. 41/13: Creation of a Second Field Operations Manager – Lead Rehab position
in the Community Development Department – James H. Barnes, Director – Ord.
Cmt. – Withdrawn
Upon being recognized by Council President Moran, Councilor Vasquez
presented a motion to withdraw the above matter from the City Council Agenda without
further proceedings. The motion was seconded by Council Vice President Rivera and
IX. TABLED MATTERS:
Doc. 278/12: Tax Credit for Senior Volunteers-MGL C. 59, Sec. 5K-Updated
requested of Mark Ianello, Finance Director-Counc. Bernal – Tabled
Councilor Bernal presented a motion to remove the above item from the table
measures. The motion was seconded by Council Vice President Rivera and unanimously
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Upon being granted the floor, and at the request of Councilor Bernal, Finance
Director Ianello provided an update of the proposed program stating that the program
should be implemented in a couple of weeks.
Upon being granted the floor, Councilor Laplante asked that more Lawrence
seniors be included in the program than just those from the Lawrence Senior Center
Members.
Upon no further discussion, Councilor Bernal presented a motion to table the item
which was seconded by Councilor Almonte and unanimously approved by the Council
Doc. 278/12: Tabled
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
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278/12
284/12
302/08
248/12
302/08
248/12
226/11
Moran
Public Hearing
Sales – Dan McCarthy, Land Use Planner-Ord. Cmt. & Planning Bd. –
Public Hearing
Illegal Dumping – Home Rule Petition – Amendment – Counc. Laplante
X. NEW BUSINESS:
47/13 Handicapped Parking – 17 Hobson Street – Fiordaliza Rodriguez
Ref. to Ord. Cmt.
48/13 Handicapped Parking – 15 Eutaw Street – Iris Then- Ref. to Ord. Cmt.
49/13 Semana Hispana en Lawrence – requests permission to use the Campagnone
Common Park for yearly Carnival starting on Monday, May 6, 2013 with the set
up to Sunday May 12, 2013. Activities @ the park will open on Wednesday, May
8, 2013 thru Friday, May 10, 2013 from 6 pm to 11 pm, & on Saturday, May 11,
& Sunday, May 12, 2013 from12 pm to 11 pm. – Sara I. Saldaña, President –
Ref. to Ord. Cmt.
50/13 Semana Hispana en Lawrence – request permission to use the Campagnone
Common Park for yearly Festival – from Monday
June 10, thru Sunday, June 16, 2013 – Festival will start Friday, June 14, from 6
pm to 11 pm, Saturday, June 15, from12 pm to 11 pm, and on Sunday, June 16,
from 2 pm to 11 pm. Parade will start to organize @ 10 am on Sunday, June 16,
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51/13
52/13
53/13
56/13
and depart from Central Catholic @ 12 pm –Sara I. Saldaña, President – Ref. to
Ord. Cmt.
5-7 Berkeley Court – Amendment or Rescission of Deed Conditions – George J.
Burke, III, Owner/Manager HMP Berkeley St., LLC – Ref. to Housing Cmt.
Clarification of Hiring Procedures at the Lawrence Public Library - Maureen
Nimmo, Library Director – Ref. to Ord. Cmt.
Handicapped Parking – 165 Ferry Street – Gloria a. Schwarz – Ref. to Ord. Cmt.
Monmouth Street-Resident Parking [near dead end section]-Council Pres. Moran
– Ref. to Ord. Cmt.
XI. ADJOURNMENT:
Upon Motion of Councilor Vasquez duly seconded by Council Vice President
Rivera, the Council Members present voted unanimously to Adjourn.
ADJOURNED
(09:35p.m.)
Attest:
William J. Maloney
City Clerk
85
DATE: Tuesday, March 19, 2013
A REGULAR MEETING of the City Council was held on Tuesday, March 19,
2013 at 7: 11 p.m. in the City Council Chamber with all Members present, except for
Councilor Almonte.
Approximately Eighteen [18] persons were present.
of City Council Meetings conducted March. 5, 2013 were submitted by the City Clerk for
Upon the motion of Councilor Aquino to accept the minutes as presented duly
seconded by Councilor Reyes, the Council Members present voted unanimously [8-0] to
accept the minutes.
Jonas Stundza, 37 Bruce Street, Lawrence, MA informed the Council Members
that the North Common is a Historical district established deed granting limited use to the
area for public purposes. He stated the use of the Campagnone Common for festivals and
86
carnivals contravenes the grant originally accepted and put into place by Mayor Charles
Storrow.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke about the upcoming
2013 Municipal Elections. He praised the Lawrence Police for their hard work, making
the City safe. He praised the Department of Public Works for their successful efforts to
keep the City of Lawrence clean. He stated that the Lawrence Firefighters continue to
work without a contract in place which should be addressed. He also stated that the work
of School Department Receive Jeff Reilly has help to improve education of the children
in Lawrence Schools.
Richard Russell, 34 Cross Street, Lawrence, MA discussed the recent Ordinance
Committee agenda item calling for the elimination of the Deputy Police Chief position.
He stated he was not pleased with the tactics used by the members of the Ordinance
Committee or the demeanor of Police Chief Romero as they addressed the issue.
Kathy Runge, 32 Dracut Street, Lawrence, MA discussed the preparations of the
FY 2014 City Budget and suggested that the actual amounts of departmental expenditures
should be compared with the amounts being proposed for expenditure.
Councilor Mark Laplante [District F City Council Member] discussed the agenda
item calling for the termination of the Deputy Chief of Police in Lawrence stating that the
item should be taken from the Ordinance Committee agenda so it may be presented and
considered by the Full Membership of the City Council in accord with the Rules of the
City Council referencing Document 282/12. Councilor Laplante presented a motion to
87
move the document to the Full Council for further consideration. Council President
Moran suggested the motion would be more appropriately presented during the
Committee Report portion of the City Council Meeting this evening if he wished.
Ed Starr, a Verizon employee, Turnpike Street, North Andover, MA stated that
moving the repair centers to locations outside of Massachusetts is not a move the Verizon
Employees favor. He stated that Verizon should keep all these positions in
Massachusetts. He urged the Council Members to adopt the Resolution in favor of
keeping the Verizon repair centers in Massachusetts.
Upon no additional comment offered by anyone present, Council President Moran
closed the public comment portion of the proceeding.
Doc. 346/12: Handicapped Parking –177 Salem Street – Rubertina Ortiz– Public
Hearing held - Approved
Upon being granted the floor, Councilor Twomey noted the applicant’s
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handicapped parking permit expires in October of 2013. A discussion ensued between
Council President Moran and Councilor Twomey regarding the use of handicapped
parking spaced and individual permits.
Upon a motion to approve the measure presented by Councilor Reyes, as
seconded by Councilor Vasquez, the Council Members present unanimously [8-0]
approved the measure presented.
Doc. 347/12: Handicapped Parking –24 Salem Street –Sheila Rodriguez – Public
Hearing held - Approved
89
Upon a motion to approve the measure presented by Councilor Bernal as
seconded by Councilor Reyes, the Council Members present unanimously [8-0] approved
the measure presented.
Doc. 7/13: Handicapped Drop-off Parking Space–Loading Zone-Lawrence Medical
Center-320 Essex Street – Gary W. Hamilton,
Clinic Administrator - Public Hearing held - Approved
Council Members.
Upon being recognized, Gary Hamilton, Clinic Administrator, urged the Council
Members to approve the measure presented for their consideration.
Upon a motion to approve the measure presented by Councilor Bernal as
90
seconded by Councilor Reyes, the Council Members present unanimously [8-0] approved
Doc. 7/13: Approved
Doc. 36/13: Appropriation Transfer – From: Free Cash to General Fund –
Police Department – Equipment - $15,000.00 – Mark J. Ianello, Finance Director –
Public Hearing held – Approved
Council Members.
Upon being recognized, Mr. Hamayoun Maali of 53 Chester Street, Lawrence,
MA spoke in support of the measure and urged the Council Members to approve the item
presented.
Mark Gray, 4 Pilsch Way, Lawrence, MA commented that there was not ballistic
data or information was offered by anyone supporting the measure the Council Members
are being asked to approve. He stated that those who favor the purchase of high powered
rifles were using scare tactics referencing recent tragedies and shootings as a rationale to
have the item approved. He stated that the weapons that would be purchased would not
assist law enforcement from stopping tragedies such as the recent shootings in Colorado.
Mr. Gray cited other tragic events involving firearms could not be stopped even with the
fire power purchased if authorized.
91
to approve the item presented which was seconded by Councilor Twomey.
Upon being granted the floor, Council Vice President Rivera stated that the need
for the equipment was sufficiently presented by Lawrence Police Chief and that the Chief
of Police should be given deference on such matters unless and until it is shown that they
have abused their inherent authority.
Upon being granted the floor, Councilor Twomey indicated that he would be
asking questions regarding this matter to Police Chief Romero.
Upon being granted the floor, Councilor Laplante asked Finance Director Mark
Ianello questions about the manner which the funds subject to additional appropriations
might be allocated to hire public safety staff rather than to purchase equipment or other
items. Director Ianello stated that free cash can be used to hire personnel but use for this
purpose is not recommended since establishment of a position could result in termination
of the position even after one year of service.
Upon being granted the floor, Councilor Bernal expounded on the concept that
financial short-falls could result in additional employee lay-offs if free cash is utilized to
fund employee salaries.
Upon being granted the floor, Councilor Laplante continued the discussion
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regarding the use of free cash to fund employee salaries. Upon further inquiry, Finance
Director Ianello informed the Council Members that Fiscal Overseer Nunes is not in
favor of the use of free cash funds for this purpose.
Upon invitation, Councilor Laplante posed questions to Police Chief Romero use
of the high powered rifles and the impact on people who are struck by its ammunition.
Upon being granted the floor, Councilor Bernal stated she supports the approval
of the item.
Upon being granted the floor, Councilor Vasquez discussed the quote provided by
the manufacturer stating that the exact amount of funds needed to purchase the items
should be approved to assure that funds that are not needed are not allocated and remain
available for other uses. He stated that the cumulative effect of approving more funds
than necessary may result in causing funds to be unavailable for other uses.
Upon being granted the floor, Council Vice President Rivera suggested the
amount needed to assure the items subject to the purchase order should be provided.
Upon being granted the floor, Councilor Vasquez suggested approval only be in
the amount provided in the estimate submitted.
Upon being granted the floor, Councilor Bernal commented that the amount
subject to the request should be considered for approval to assure the equipment and all
accessories [if any] are included so that the purchased items are complete and can be used
appropriately and as intended. A discussion ensued between Councilor Bernal and
Councilor Vasquez regarding the requested appropriation.
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Upon inquiry of Council President Moran, Director Ianello informed the Council
Members that the balance of any amount not used to purchase the items would revert to
the capital account. Council President Moran discussed the item if approved and any
balance can be transferred to the capital account and that an update can be reviewed at a
later date to substantiate the expenditure.
Upon being granted the floor, Councilor Vasquez discussed the importance of
accurately accounting for expenditures and allocation of funds.
Rivera, as seconded by Councilor Twomey, the Council Members present voted
unanimously [8-0] to approve the item as presented.
V. APPROPRIATIONS-ORDERS-RESOLUTION: Doc. 54/13: Appropriation Transfer–From: Free Cash to General Fund–Veteran’s
Benefits [$355,000.00]-Mark J. Ianello, Finance Director – Budget and Finance
Cmt. – Public Hearing Ordered
presented the report of the Budget & Finance Committee to order a Public Hearing on the
item presented. The report was presented in the form of a motion to order a public
94
hearing which was seconded by Councilor Aquino and unanimously [8-0] approved by
Guilmette School-[$3,000,000.00]-Mark J. Ianello, Finance Director – Budget
and Finance Cmt. – Public Hearing Ordered
presented the report of the Budget & Finance Committee to order 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 Vasquez and unanimously [8-0] approved by
Doc. 62/13: Resolution–Relating to Maintaining Verizon Repair Center Jobs
and Inovative Technological Work in the Commonwealth of Massachusetts –
Council Pres. Moran – Presented
Council President Moran brought the measure to the attention of the Council
Members present and presented a Resolution of Council opposing the closing of Verizon
repair centers in Massachusetts. Mr. Ed Starr appeared on behalf of Verizon workers
opposed to the closing of Massachusetts repair centers.
Doc. 292/12: Operation of Taxi and Livery Vehicles in Lawrence – Authorization
and Regulation – Council Pres. Moran – Ord. Cmt. & Public Hearing ordered
95
seconded by Council Vice President Rivera.
A discussion ensued between Councilor Laplante and Council President Moran
regarding the purpose of the proposed amendment to the ordinance.
voted unanimously [8-0] to order a public hearing on the item presented.
Doc.292/12: Public Hearing Ordered
Doc. 342A/12: Medical Marijuana Treatment Center–Six Months Moratorium–
Councilor Laplante–Ord. Cmt. - Approved
Council President Moran introduced the item and explained that the purpose of
the item was to address legislation recently approved by public vote in Massachusetts that
requires Cities and Town to establish zoning regulations for the placement of medical
marijuana treatment centers. He stated that the proposed resolution would place a six
month moratorium on the matter in the City of Lawrence to allow the Planning Board an
opportunity to draft necessary zoning ordinances and regulations to locate these centers.
of the Ordinance Committee to approve the resolution for a six month moratorium on
establishing medical marijuana locations in the City of Lawrence. The report was
presented in the form of a motion to approve the item which was seconded by Council
Vice President Rivera.
96
Upon being granted the floor, Councilor Laplante discussed the necessity for the
six month moratorium stating that some Cities and Towns have approved a moratorium
for as long as one year.
Doc.342A/12: Approved
Doc. 27/13: Proposed Amendment to Zoning Ordinance – Rezoning – 84 East
Haverhill Street – from an R-2 Residential Zone to a B-1
Local Business Zone – Attorney Zoila Gomez – Public Hearing ordered
seconded by Council Vice President Rivera and unanimously approved by the Council
Doc. 30/13: Proposed Amendment to Zoning Ordinance – Sec. 5– Billboards –
Daniel A. McCarthy, Land Use Planner – Ord. Cmt. & Public Hearing ordered
97
present [8-0].
Doc. 35/13: Fountain of Salvation Christian Church, Inc. – 165 Haverhill Street request permission to use the Campagnone Common
Park on August 17, 2013 from 4:00 p.m. to 8:00 p.m. to hold an Evangelist
Event – Rev. Luis B. Leonor, Pastor – Ord. Cmt. - Approved
of the Ordinance Committee to approve the measure presented. The report was presented
in the form of a motion and seconded by Councilor Vasquez.
A discussion ensued between Councilor Vasquez and Councilor Bernal
confirming that the Ordinance Committee recommended the time of the event be from
2:00 p.m. to 9:00 p.m.
Members. Upon vote of the Council Members present, the measure was unanimously
approved [7-0] [Council Vice President Rivera being absent from the Council Chamber at
98
Doc. 49/13: Semana Hispana en Lawrence – requests permission to use the
Campagnone Common Park for yearly Carnival starting on Monday, May 6, 2013
with the set up to Sunday May 12, 2013. Activities @ the park will open on
Wednesday, May 8, 2013 thru Friday, May 10, 2013 from 6 pm to 11 pm, & on
Saturday, May 11, & Sunday, May 12, 2013 from12 pm to 11 pm. – Sara I. Saldaña,
President – Ord. Cmt. – Approved
of the Ordinance Committee to approve the petition as presented. Upon being
recognized, Councilor Bernal explained that the Ordinance Committee considered
placing conditions that would require the petitioners to provide a cash deposit to be
applied to make repairs to damaged property [if any], to prohibit event operators from
sleeping in their trailers overnight, and to require security personnel to be present
overnight. The report was presented in the form of a motion to approve the petition
which was seconded by Council Vice President Rivera.
A discussion ensued among the Council Members concerning the use of the
Campagnone Common for community festivals.
Upon being granted the floor, Council Vice President Rivera asked the festival
organizers if the conditions suggested by Planning Director Barnes as presented by the
Ordinance Committee are acceptable. Mr. Flynn, manager of the festival operations,
stated that the conditions were reasonable and agreeable if required.
Council President Moran discussed the importance of the Semana Hispana
festival and all other festivals held as complementary to the Lawrence cultural history. In
response to questions posed, Mr. Flynn informed the Council Members that he has made
necessary repairs to the grounds in the past without delay or difficulty. He stated that the
99
request to deposit $5,000.00 as security to be applied toward repairs could be done if
required.
Upon being granted the floor, Council Vice President Rivera stated that the
sponsors of the festival deserve full support of the City and offered to amend the motion
presented to include a repair deposit in the amount of 5,000.00 as agreed upon by the
event manager and to prohibit festival operators from sleeping or staying overnight in
their trailers on the Common. Councilor Bernal accepted the amendment offered by
Upon being granted the floor, Councilor Twomey stated that Pemberton Park
would be a good alternative and should be considered as a location for future festivals. A
discussion ensued between Councilor Twomey and Council President Moran regarding
various options to alleviate use of the Campagnone Common grounds as a location for
rides and other equipment that may cause damage.
Upon being granted the floor, Councilor Vasquez stated that the cooperation of
the event organizers and concessions offered are appreciated. He suggested that if
conditions are to be required for this festival then they should be required for all festivals.
A discussion ensued between Councilor Vasquez and Councilor Bernal concerning the
use of heavy equipment on the Campagnone Common. Councilor Bernal stated that she
concurred with Councilor Vasquez’ observations about establishing the same
requirements for all festivals if conditions are to be imposed.
Upon being granted the floor, Council Vice President Rivera reiterated that the
100
importance of the City supporting community events celebrating the various cultures and
traditions.
Upon being granted the floor, Councilor Laplante stated that he support Semana
Hispana and pointed out that the same discussions regarding alternatives to the use of the
Campagnone Common as a location for the heavy equipment needed to operate festivals
and events occurred in past years and will likely occur again next year or whenever
festivals are to take place on the Common. He commented that some adjustments and
accommodations need to be made to move the festival rides are placed at locations off the
Common and onto side streets near or around the Common. He stated that he would be
voting against any petition that allows heavy equipment to be placed on the Campagnone
Common.
present, Council President Moran called the motion presented for approval to the
attention of the Council Members. Upon vote of the Council Members present, the
measure was approved as follows: Yes-6; No–2; Absent–1:
Councilor Sandy Almonte - Absent
Council President Frank Moran - Yes
101
Doc. 50/13: Semana Hispana en Lawrence – request permission to use the
Campagnone Common Park for yearly Festival – from Monday
June 10, thru Sunday, June 16, 2013 – Festival will start Friday, June 14, from 6 pm
to 11 pm, Saturday, June 15, from12 pm to 11 pm, and on Sunday, June 16, from 2
pm to 11 pm. Parade will start to organize @ 10 am on Sunday, June 16, and
depart from Central Catholic @ 12 pm –Sara I. Saldaña, President – Ord. Cmt. Approved
of the Ordinance Committee to approve the petition presented. The report was presented
in the form of a motion to approve the petition which was seconded by Councilor
Aquino.
Upon being granted the floor, Councilor Bernal stated she supports the event and
would support future efforts to remove heavy equipment from use on the Common in the
future.
Upon being granted the floor, Council Vice President Rivera offered to assist by
establishing addition methods of obtaining greater financial support and to determine a
better location for the festival in the future.
Council President Moran commented that all festivals, parades, and celebrations
held in the City of Lawrence need greater City support to assure that the traditions of the
City continue in the future. He stated that cultural events of the City reflect the Lawrence
Community and if support is not provided then the memorialization of culture through
these events will evaporate and may be lost.
102
Members. Upon vote of the Council Members present, the measure was approved as
follows: Yes -7: No–1; Absent–1:
Doc. 4/13: 2013 Safe and Successful Youth Initiative Grant – 2012 Award -$800,000
[12 months] – 2013 Award - $344,000 [March 1, 2013-June 30, 2013] – Art McCabe,
Manager, Community Development Dept.
presented the report of the Budget & Finance Committee to approve the measure
presented. The report was presented in the form of a motion to approve which was
seconded by Councilor Laplante.
Upon invitation of Councilor Laplante, Art McCabe, Community Development
Project Manager, discussed and explained how the grant funds would be used to
implement projects for the targeted youth it will serve.
Upon being granted the floor, Councilor Bernal asked if more information about
the target population could be provided with future applications for review.
Upon being granted the floor, Councilor Vasquez suggested that qualitative data
would be helpful if available to assist with the evaluation of the grant proposal submitted.
103
Upon being granted the floor, Councilor Twomey posed questions to Manager
McCabe about staff training and other matters pertaining to the implementation of the
grant.
Council President Moran reviewed the amounts allocated from grant funds with
Manager McCabe who discussed and explained the various agencies involved and the
manner of fund allocation.
approved [8-0].
Doc. 4/13: Approved
Doc. 5/13: 2013 Shannon Grant – 2012 Award - $192,000 – 2013 Award - $240,000 –
Art McCabe, Manager, Community Development Dept. – Approved
presented. The report was presented in the form of a motion, seconded by Councilor
Aquino and unanimously approved by the Council Members present [8-0].
Doc. 5/13: Approved
Doc. 282/12: Eliminate the Deputy Police Chief Ordinance –
Counc. Laplante – Defeated
Upon being recognized, Councilor Laplante presented a motion to have the matter
declared an emergency measure and to suspend the Rules of the City Council in order to
104
presently address the matter. The motion was seconded by Councilor Bernal and the
Council Members present defeated the motion as follows: Yes-3; No-5; Absent-1
Councilor Vasquez - No
Councilor Laplante - Yes
Councilor Twomey - Yes
Councilor Reyes - No
Councilor Almonte - Absent
Councilor Aquino - No
Councilor Bernal - Yes
Council Vice President Rivera - No
Council President Moran - No
Doc. 282/12: Defeated
VII. WITHDRAWALS:
Doc. 18/13: Stop Sign – Amherst Street and Andover Street – Counc. Bernal – Ord.
Cmt. – Withdrawn
Upon being recognized, Councilor Bernal presented the motion to withdraw the
above matter from the City Council Agenda which had been pending before the
Ordinance Committee. The motion was seconded by Council Vice President Rivera and
Council Members present voted unanimously [8-0] to withdraw the item from the City
Council Agenda.
105
VIII. OLD BUSINESS:
Doc. 40/13: Surplus Declaration–147 Haverhill Street- (Tax Map 107, Lot 6)–Real
Property with an area of approximately 15,047 square feet with a three-story
wooden structure and a one-masonry structure, located in an (R-2) Residential
Zoning District – Charter Objection-Richard Burke, Real Property Specialist Withdrawn
Council President Moran introduced the measure and informed the Council
Members that Land Use Planner Dan McCarthy requests the matter be withdrawn from
the City Council Agenda.
Upon being granted the floor, Councilor Laplante reviewed the prior proceedings
of Council and informed the Council Members that he presented a motion to declare the
real property surplus in order to allow further proceedings to take place for the
disposition of the property. The City Clerk confirmed Councilor Laplante’s pending
motion and a discussion ensued among the Council Members concerning the possible
future use of the property for City purposes.
Upon being recognized, Councilor Laplante withdrew the motion to declare the
real property as surplus and moved to withdraw the item from the City Council Agenda.
The motion was seconded by Council Vice President Rivera and the Council Members
present voted as follows to withdraw the item from the City Council Agenda: Yes-7; No1; Absent-1
106
IX. TABLED MATTERS:
Doc. 226/11: Illegal Dumping – Home Rule Petition – Amendment – Counc.
Laplante – Public Hearing Ordered
Upon being granted the floor, Councilor Laplante presented a motion to remove
the above item from the table which was seconded by Councilor Vasquez and
Councilor Laplante informed the Council that the House of Representatives
provided certain amendments to the Home Rule Petition presented by the Lawrence City
Council which needs to be addressed by further action of the City Council.
Council President stated that due to the proposed amendments a public hearing
would be necessary.
Upon being recognized, Councilor Laplante presented a motion to order a public
hearing on the measure with the proposed amendments to the Home Rule Petition. The
motion was seconded by Councilor Twomey and unanimously [8-0] ordered to a public
hearing by the Council Members present.
Doc. 226/11: Public Hearing ordered
107
X. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
302/08
248/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Moran
Public Hearing
108
XI. NEW BUSINESS:
57/13
58/13
59/13
60/13
61/13
63/13
64/13
65/13
Taxi and Livery Licenses for 2013 – Renewals – Lt. Shawn J. Conway,
Lawrence Police Department – Ref. to Ord. Cmt.
Iglesia de Cristo Rios de Agua Viva – 46-48 Fitz Street - Request
permission to use the Campagnone Common Park on May 31st & June 1st,
2013 from 5 pm to 8:00 pm to hold Religious Services – Graciela Gual,
Interim Pastor – Ref. to Ord. Cmt.
Iglesia de Cristo Rios de Agua Viva – 46-48 Fitz Street – Request
permission to use the Cronin Park on Juniper Street on July,19th & 20th,
2013 from 4:30 pm to 8:30 pm to hold Religious Services – Graciela Gual,
permission to use the Storrow Park on High Street on August 9th, 2013
from 4:30 pm to 8:30 pm to hold a Religious Service – Graciela Gual,
permission to use the Reviviendo Park on Summer & Newbury Streets on
August 10th, 2013 from 4:30 pm to 8:30 pm to hold a Religious Service –
Graciela Gual, Interim Pastor – Ref. to Ord. Cmt.
Review and Approval of annual application to HUD for Community
Development Block Grant [CDBG] $1,306.065.00 and HOME Funding
[$552,547.00] – James H. Barnes, Community Development Department
Director – Ref. to Budget & Finance Cmt.
Authorization to expend grant funds – Police Department – FY’13 E911
Training Grant [$55,504.00] from the Executive Office of Public Safety
[EOPSS] – Supplemental Funding from EOPSS [$28,000.00] – New
Grant Amount [$83,504.00] – Mark J. Ianello, Finance Director – Ref. to
Second Hand Dealer License – 197 Essex Street - Edwin Abreu – Ref. to
Ord. Cmt.
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XII. ADJOURNMENT:
Upon Motion of Councilor Vasquez duly seconded by Councilor Reyes, the
ADJOURNED
(09:35p.m.)
Attest:
William J. Maloney
City Clerk
110
DATE: Tuesday, April 2, 2013
A REGULAR MEETING of the City Council was held on Tuesday, April 2,
Councilor Vasquez.
Approximately Fifty-two [52] persons were present.
of City Council Meeting conducted on March. 19, 2013 were submitted by the City Clerk
accept the minutes as presented.
Homayoun Maali, 53 Chester Street, Lawrence, MA commented on the leadership
of Mayor Lantigua, the decline of the crime rate, and good work performance of the
Department of Public Works employees during the winter. Mr. Maali also offered praised
111
[Tuesday, April 2, 2013]
and support for the firefighters for their work putting out the recent fire on Hancock
Street. He complimented the good work of the Lawrence School Department
Administration and Staff.
Matt Evangelista of Lawrence, a Lawrence High School teacher, informed the
Council Members of the opportunity of Lawrence High School students who will be
traveling to Edinburgh, Scotland. He stated that public support and donations for this
event would be appreciated from the Lawrence community.
Richard Russell, 34 Cross Street, Lawrence, MA commented on Mayor
Lantigua’s inability to staff the various Lawrence Boards and Commissions. He stated
that the Massachusetts laws requiring that member of the Board of Registrars be
composed only by members of the Democratic or Republican Parties unfairly
discriminates against those who are registered in the Unenrolled Party. He stated that he
believed that public funds were being obtained and used by Mayor Lantigua for his own
purposes.
Kathy Runge, 32 Dracut Street, Lawrence, MA stated that the City Council needs
to take over the appointment process for the various City Boards. She commented that
the Board of Registrars is an important function of elections and needs to be staffed at all
times.
Estelle Reyes, Councilor for District B wished Council President Frank Moran a
Happy Birthday.
III. Tabled Matters:
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Doc. 188/11: NECC’S Construction Site on Common Street – update and timeline –
Council Pres. Moran – Tabled
the order appearing on the agenda and off the table to be addressed by the Council
Members. The motion was seconded by Councilor Reyes and unanimously approved by
Dr. Lane Glenn, President of Northern Essex Community College [hereinafter
referred to as NECCO] addressed the City Council informing the Members of the
progress of construction and expected opening of the new buildings being constructed.
Upon being granted the floor, Councilor Laplante posed questions about the
proposed training of Police and Firemen that may be implemented as part of the
curriculum.
Upon conclusion of the presentation, Council President Moran thanked Dr. Glenn
for appearing before the Council Members for his update of information provided.
Upon no further comment, discussion or inquiry, Council Vice President Rivera
presented a motion to re-table the document. The motion was seconded by Councilor
Almonte and the Council Members present voted unanimously [8-0] to re-table Doc.
188/11.
Doc. 188/11: Tabled
IV. APPROPRIATIONS-ORDERS-RESOLUTION: -
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Doc. 79/13: Resolution – 2013 Boston Globe Scholastic Art and Writing Awards –
Community Day Charter School – Council Vice Pres. Rivera – Presented
Councilor Aquino presented a motion to take document 79/13 out of the order
appearing on the agenda. The motion was seconded by Councilor Reyes and
Members present and called upon Council Vice President Rivera to present the
Resolutions.
Council Vice President Rivera introduced the students subject to the resolution
and offered praise for their hard work and diligence. The following students were
honored by the Council Members:
1. Nicole Rivera—2 awards: Honorable Mention for Personal Essay “Super
Woman”; Honorable Mention for Flash Fiction “Could It Be That Thing Called
Love?”
Nicole is 14 years of age and in the 8th grade. She lives in South Lawrence,
and her family is from Honduras and the Dominican Republic. Nicole plans
on attending Brooks School next year. (Nicole is the starting Center and
Captain of the school basketball team.)
2. Sean Jimenez—Honorable Mention for Personal Essay “Artistic Confidence.”
Sean is 13 years of age and in the 8th grade. He lives in Prospect Hill in
Lawrence, and his family is from the Dominican Republic and Puerto Rico.
Sean plans on attending Fryeburg Academy in Maine next year. (Sean likes
performing and visual arts.)
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3. Joannie Molina—Silver Key for Flash Fiction “The Unusual Brothers.”
Joannie is 14 years of age and in the 8th grade. She lives in Tower Hill in
Lawrence, and her family is from Puerto Rico. She plans on attending the
Performing and Fine Arts Academy at Lawrence High School. (Joannie wants
you to know she loves art.)
4. Marques Mendoza—Honorable Mention for Poetry “Butterflies, Shock.”
Marques is 14 years of age and in the 8th grade. He lives in North Lawrence,
and plans on attending Central Catholic next year. (He wants you to know
that his family is part Dominican, part French Canadian, and that he also
loves art.)
5. Melanio Vargas—Honorable Mention for Humor “All for a Piece of Chicken”,
Melanio is 13 years of age and in the 7th grade. He lives in South Lawrence
and his family is from the Dominican Republic. (He wants you to know that
this is not a fluke, he is a very funny guy.)
6. Khalyl Negron—Gold Key for Poetry “The Deer.”
Khalyl is 13 years of age and in the 7th grade. He lives in Tower Hill in
Lawrence, and his family is from Puerto Rico. (He wants you to know that he
loves baseball and he has also won 2 MVP baseball awards.)
Doc. 84/13: Resolution – Alcohol Awareness Month [April] –
Councilor Almonte – Presented
Councilor Almonte presented a motion to take document 84/13 out of the order
Members present and called upon Councilor Almonte to present the Resolution.
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Councilor Almonte discussed the importance of the Resolution and read the
Resolution.
V: Communication from Mayor, City Officials & City Attorney: Doc. 85/13: DVD’s to be donated to the Lawrence Public Library – Counc.
Laplante – Presented
Councilor Bernal presented a motion to take document 85/13 out of the order
appearing on the agenda. The motion was seconded by Councilor Almonte and
unanimously approved by the Council Members present [7-0]. [Council Vice President
Rivera being absent from the Council Chambers when the vote was recorded].
Members present and called upon Councilor Laplante.
Councilor Laplante stated that he had been obtaining DVD copies of all City
Council Meetings and all Council Subcommittee Meetings since the first of the year. He
stated that the DVD copies would be best used if they were available to the public at the
Lawrence Public Library and wanted to donate them to the Library to assure they are
publicly available. Councilor Laplante then gave the DVD copies to Library Director
Maureen Nimmo who thanked the Council for the donation of the DVD copies.
116
VI. PUBLIC HEARINGS:
Doc. 27/13: Proposed Amendment to Zoning Ordinance – Rezoning – 84 East
Haverhill Street – amending Section 29-11 to allow for office use in R-2/R-2A and R3/R-4 Zoning Districts and Section 29-23 with Supplemental Regulations (eee) –
Attorney Zoila Gomez – Public Hearing held – Approved/30 Days Waived
Councilor Reyes presented a motion to take document 27/13 out of the order
Rivera being absent from the Council Chambers when the vote was recorded].
Council Members.
to approve the measure presented which was seconded by Councilor Bernal.
Upon being granted the floor, Councilor Bernal discussed the Planning Board
hearings on the petition presented and stated that the compromise reached was fair and
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reasonable to all concerned. Councilor Bernal informed the Council members that the
Planning Board changed the content of the petition filed that will result in amending
Section 29-11 to allow for office use in R-2/R-2A and R-3/R-4 zoning districts by Special
Permit with a Site Plan Review (SPSR) and by adding Supplemental Regulations (eee) to
be entitled “Office Use with a Special Permit with Site Plan Review” for such districts.
Councilor Bernal further explained that any petition for use through this amended zoning
provision will not run with the land and the use will expire upon the particular need no
longer being present.
Upon being granted the floor, Councilor Twomey thanked Councilor Bernal for
clarification.
Upon a motion to approve the measure presented and to waive any 30 day waiting
period that may apply pursuant to section 3.8(a) of The Lawrence City Charter duly
seconded by Councilor Bernal, the Council Members present voted unanimously [8-0] to
approve the measure and waive any 30 day waiting period that may apply.
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Doc. 30/13: Proposed Amendment to Zoning Ordinance – Sec. 5– Billboards –
Daniel A. McCarthy, Land Use Planner – Public Hearing held – Approved
the order appearing on the agenda. The motion was seconded by Councilor Almonte and
Council Members.
Upon being recognized, Dick Russell, Richard Russell, 34 Cross Street,
Lawrence, MA asked if the item presented applies to political signs placed on private
property. Land Use Planner Daniel McCarthy informed the Council Member that the
proposed measure has no bearing on political signs place on private property.
Upon being granted the floor, Councilor Reyes presented a motion to approve the
item presented, which was seconded by Councilor Almonte.
Upon being granted the floor, Council Vice President Rivera posed questions
about the location of permitted billboards to Land Use Planner Daniel McCarthy who
explained the intent and purpose of the proposed ordinance.
119
Upon being granted the floor, Councilor Bernal posed questions to LUP, Dan
McCarthy regarding the specific terms of the proposed ordinance.
Upon being granted the floor, Councilor Laplante asked about the purpose of the
proposed ordinance which appears to be directed at correcting “harm” caused by the use
of prior billboards throughout the City of Lawrence. Further questions were posed to
Land Use Planner McCarthy concerning the application of specific regulations relative to
the placement of billboards as contained in the proposed ordinance.
Upon being granted the floor, Councilor Twomey posed further questions about
the applicability of the proposed regulation to Land Use Planner McCarthy.
Upon a motion to approve the measure presented by Councilor Reyes as seconded
by Councilor Almonte, the Council Members present voted unanimously [8-0] to approve
Doc. 226/11: Illegal Dumping – Home Rule Petition – Amendment – Councilor
Laplante – Public Hearing held – Approved
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Council Members.
Arthur Brien, 22 Tudor Ave spoke in support of the measure presented stating that
the proposed Home Rule Petition will hold address illegal dumping in the City of
Lawrence.
Upon being granted the floor, Councilor Laplante presented a motion to approve
the Home Rule Petition as presented. The motion was seconded by Councilor Twomey.
Upon being granted the floor, Councilor Laplante informed the Council Members
that the current Home Rule Petition presented for consideration of approval is a result of
amendments offered by the Massachusetts House of Representatives that would make the
legislation more likely to be approved.
Upon being granted the floor, Councilor Twomey suggested that funds collected
as a result of violations be used to establish an enterprise fund in order to assure that the
monies are used directly for clean-up efforts.
Upon being granted the floor, Councilor Laplante stated Sec. 6 of the proposed
Home Rule Petition appears to direct that the funds collected for violations be applied
toward clean up actions.
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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 Members present to consider the matter presented.
Upon a motion to approve the measure presented by Councilor Laplante and
seconded by Councilor Twomey, the Council Members present voted unanimously [8-0]
to approve the item.
and Regulation – Council Pres. Moran – Public Hearing held –
Approved/30 Days waived
Council Members.
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Rivera as seconded by Councilor Reyes, the Council Members present voted
unanimously [8-0] to approve the measure presented.
Upon being recognized, Council Vice President Rivera presented a further motion
to waive any applicable 30 day waiting period that may be required pursuant to section
3.8(a) of The Lawrence City Charter. The motion was seconded by Councilor Aquino
and unanimously approved by the Council Members Present [8-0].
Doc. 325/12: Handicapped Parking – Jackson Street near Canal Street – Joan
Finocchiaro – Public Hearing held – Approved/30 Days waived
Council Members.
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Upon the motion of Councilor Bernal 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 Council Vice President Rivera, the Council Members present voted unanimously to
approve the measure. [8-0]
Doc. 54/13: Appropriation Transfer–From: Free Cash to General Fund–Veteran’s
Benefits [$355,000.00]-Mark J. Ianello, Finance Director – Public Hearing held –
Approved
Council Members.
to approve the item presented, which was seconded by Councilor Reyes.
explained the purpose and necessity of the appropriation presented for consideration of
the Council Members.
124
Upon being granted the floor, Councilor Laplante posed questions to Veteran’s
Benefits Administrator Jaime Melendez regarding the implementation of the benefits
program and the expected results with the approval of the appropriation presented.
Upon being granted the floor, Council Vice President Rivera stated it is important
to assure Veterans are made aware of available benefits and that Veterans also be diligent
in their request for information as to any available benefits they may be eligible to
receive as a result of their service.
Upon being granted the floor, Councilor Twomey commented that the program is
important and is required to be funded.
Council President Moran thanked Veteran’s Director Melendez for his hard work
as the Director of Veteran’s Benefits.
Rivera, as seconded by Councilor Reyes, the Council Members present voted
unanimously [8-0] to approve the appropriation as presented.
Guilmette School-[$3,000,000.00]-Mark J. Ianello, Finance Director – Public
Hearing held – Approved
125
Council Members.
to approve the item up to the amount of 2.5 million dollars rather than the full amount of
3.5 million dollars as presented in the original petition. The motion was seconded by
Councilor Aquino.
amounts expended and encumbered to date. He informed the Council Members that it
was his information that the City of Lawrence intends to commence legal action to
recoup monies expended to repair the damages caused by poor workmanship from those
contractors responsible for causing the damage.
Upon being granted the floor, Councilor Almonte posed questions to Finance
Director Ianello concerning expenditures for legal fees. Finance Director Ianello
explained that payment of legal fees would not be part of the appropriation authorization
if approved.
126
Upon being granted the floor, Council Vice President Rivera clarified that legal
fees will be pursued as a separate cause of action and not paid from authorized funds.
Upon being granted the floor, Councilor Laplante commented that $500,000.00 is
a considerable sum to be removed from the requested appropriation and discussed the
reasons for presented the proposed reduction with Council Vice President Rivera. Upon
being recognized, Finance Director Ianello further stated that he believes the amount of 3
million dollars if accurate and should be authorized and that if approved, funds would not
be dedicated to the purpose of the petition and no funds would be authorized more than
actual cost and expenditures presented.
Upon being granted the floor, Councilor Laplante expressed outrage that the City
of Lawrence is required to pay for repairs to a new school resulting from poor
construction work.
Upon request of Council President Moran, Finance Director Ianello provided a
detailed explanation for requesting the proposed Loan Order.
Upon inquiry of Council President Moran, City Attorney Charles Boddy stated he
expects to obtain a good amount of the monies back based on the claims presented.
Upon being granted the floor, Councilor Bernal posed questions to Attorney John
McDonald, outside Counsel engaged to represent the City of Lawrence regarding
litigation on the matters pertaining to claims against contractors in this matter. Attorney
McDonald informed the Council Members that suit will be brought in regard to poor
construction and supervision provided by contractors in charge of construction with
127
particular emphasis on remedial repair costs expended.
Upon being granted the floor, Councilor Twomey stated that the recommendation
of the Budget & Finance Committee was for the approval of a 3 million dollar bond
authorization.
Upon being granted the floor, Councilor Almonte discussed costs expended for
repairs.
Council President informed the Council Members that there are two sections of
the petition requesting the approval of a bond authorization. Upon being recognized,
Finance Director Ianello stated that the first portion of the requested authorization is
directed at the amount of the approval while the second portion of the authorization is
directed at the authority to issue bonds. He explained that both sections would require
approval and asked if the Council would take individual votes on each part.
Upon a motion of Council Vice President Rivera for the approval of a bond
authorization in the amount of 2.5 million dollars as seconded by Councilor Aquino, the
Council Members present approve the first section of the bond authorization amount of
2.5 million dollars by the following vote: Yes-7; No-1; Absent – 1
Councilor Kendrys Vasquez - Absent
128
to approve the second part of the request for bond authorization as explained by Finance
Director Ianello. The motion was seconded by Councilor Almonte and unanimously
[8-0] approved by the Council Members present.
Doc. 213/12: Handicapped Parking–Sign & Ramp–to be built at 38 Warren
St. – Nelson Vega – Ord. Cmt. & Public Hearing ordered
present [8-0].
Doc. 32/13: Vacant/Foreclosed Property Maintenance – amend present ordinance –
Ord. Cmt. & Hsg. Cmt. & Public Hearing ordered
129
Upon being granted the floor, Councilor Laplante presented the report of the
Housing 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 Bernal and unanimously approved by the Council Members present [8-0].
Doc. 33/13: Mediation of Foreclosures of Owner-Occupied Residential Property –
Ord. Cmt. & Hsg. Cmt. & Public Hearing ordered
present [8-0].
Upon being granted the floor, Councilor Laplante presented the report of the
Housing Committee to order a public hearing on the measure presented. The report was
Councilor Almonte and unanimously approved by the Council Members present [8-0].
Doc. 53/13: Handicapped Parking – 165 Ferry Street – Gloria A. Schwartz – Ord.
Cmt. & Public Hearing ordered
130
present [8-0].
Doc. 57/13: Taxi and Livery Licenses for 2013 – Renewals – JC Transportation;
Liberty Service; Merrimack Transportation; Five Star Express; Popular Taxi Co.;
Lawrence United Express & Go Caribe Transportation - Lt. Shawn J. Conway,
Lawrence Police Department - Ord. Cmt. - Tabled
of the Ordinance Committee to approve the taxi licenses submitted for approval of the
City Council as presented. Councilor Bernal informed the Council Members that further
verifications and approvals were pending in regard to the application presented by the
Caribe Cab Company stating that Lt. Conway of the Lawrence Police Department
recommends approval be entered pending submission of the required verifications.
The report was presented in the form of a motion to approve the companies as presented
which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Laplante stated that there are significant
noise problems caused by cab drivers who use their horns when they pick up fares and
suggested that taxi drivers make an effort to reduce horn noise in the neighborhoods
citing Liberty Car Service and Popular Taxi in particular. Councilor Laplante suggested
that a letter should be sent to the cab company owners in regard to this matter and
proposed a motion of Council to send such a letter.
Upon being granted the floor, Councilor Almonte commented that she had
131
difficulty with one of the cab companies and suggested that a meeting with the cab
owners to discuss taxi operating rules and regulations might be helpful. Councilor
Almonte suggested amending the motion to approve the taxi license applications to
require a meeting with the taxi owners for this purpose.
Upon being granted the floor, Councilor Laplante stated that the time to address
the issues being discussed is at the time taxi license applications are presented for
approval. He stated that all these matters should be presented as part of the application
and approval process. A discussion ensued among the Council Members regarding the
manner which Council may pursue to address concerns regarding taxi operation.
Upon being granted the floor, Councilor Almonte suggested that she will enter a
separate agenda item for consideration by the Council Members in the near future.;
Upon no further discussion, Councilor Twomey second Councilor Laplante’s
motion to send a letter to the cab companies regarding the matters stated by Councilor
Laplante.
Upon being granted the floor, Councilor Bernal suggested that it may be best to
have the applicant owners presented before the Council in order to address the matters
being discussed and presented a motion to table the item to allow the cab owners the
opportunity to be present at the next City Council Meeting. The motion was seconded by
Councilor Laplante and the Council Members present voted to “table” the measure, by
roll call vote, as follows: Yes-5; No-3; Absent -1
Councilor Oneida Aquino - No
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Councilor Estela Reyes - No
Doc. 57/13: Tabled
A discussion ensued between Councilor Bernal and Councilor Twomey regarding
the time that taxi licenses are due for approval. Council President Moran stated that the
time for application and approval has already expired and the taxi licenses are presented
operating on an extension.
Doc. 63/13: Review and Approval of annual application to HUD for Community
Development Block Grant [CDBG][$1,306.172.00] and
HOME Funding [$552,548.00] – James H. Barnes, Community Development
Director – Budget & Finance Cmt. – Public Hearing Ordered
hearing which was seconded by Councilor Aquino and approved by the Council
Members present as follows: Yes-7; No-1; Absent-1
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Doc. 64/13: Authorization to expend grant funds – Police Department –
FY’13 E911 Training Grant [$55,504.00] from the Executive
Office of Public Safety [EOPSS] – Supplemental Funding from EOPSS
[$28,000.00] – New Grant Amount [$83,504.00] –
Mark J. Ianello, Finance Director- Budget & Finance Cmt. - Approved
seconded by Councilor Aquino.
Upon being granted the floor, Councilor Laplante posed questions to Lawrence
Police Department Administrator Kathleen Flanagan who summarized how the funds
would be used to supplemental prior funds granted for training of emergency call takers.
Councilor Laplante suggested that part of the training address and improve sensitivity of
call takers so they are aware that people placing emergency calls are likely in very
stressful situations.
[8-0] approved.
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Doc. 65/13: Second Hand Dealer License – 197 Essex Street - Edwin Abreu – Ord. Cmt. - Approved
of the Ordinance Committee to approve the measure presented. The report was presented
in the form of a motion to approve the petition as presented which was seconded by
Councilor Aquino and unanimously approved by the Council Members present [8-0].
ITEMS ADDED AT THE MEETING
Doc. 88/13: EMERGENCY – City Wide Fire Hydrant – testing and assessment to
be conducted – Council Vice President Rivera – Ref. to Ord. Cmt.
suspend the Rules of the City Council and declare the item presented as an emergency
measure to allow the Council Members to add the item to the Council Agenda and
presently address the item. The motion was seconded by Councilor Almonte and the
Council Members present voted unanimously [8-0] to approve the motion presented and
to add the item to the Council Agenda.
importance of the item presented and stated that the problematic hydrants in the City need
to be identified. At the request of Council Vice President Rivera, Acting Public Works
Director John Isensee and Lawrence Fire Chief Jack Bergeron were asked to develop
such a list and that be provided to the Council Members. He stated further that a
reasonable approach needs to be put a plan in place to make necessary repairs. Council
Vice President Rivera presented a motion to send a letter to the Department of Public
135
Works and the Lawrence Fire Department to appear before the before Subcommittee with
a written plan to be submitted in two weeks.
Acting Public Works Director Isensee commented that there should be greater
interface with the Lawrence Fire Department. A discussion ensued between Council
President Moran and Acting Director Isensee regarding hydrants in need of being
repaired or replaced and any prospective plan to make necessary repairs.
Upon being granted the floor, Councilor Twomey posed questions and discussed
greater importance of sufficient water volume rather than water pressure with Acting
Public Works Director Isensee. A discussion ensued between Councilor Twomey and
Acting Director Isensee regarding necessary repairs to water lines supplying water to
hydrants. A discussion ensued between Council President Moran and Acting Director
Isensee regarding funds available for necessary repairs.
condition of water hydrant lines in District F locations and asked if these could be
identified for the benefit of the public.
Jim Rivard of Woodard and Curran discussed pending repair and replacement
projects that will improve hydrant operation.
Upon being granted the floor, Council Vice President Rivera asked when the
hydraulic report would be available. In response, Mr. Rivard stated that this report would
be available in about four or five months. He stated that repairs to hydrants in need of
repair should be identified more immediately for use by the Lawrence Fire Department.
136
Upon being recognized, Lawrence Fire Chief Jack Bergeron addressed the
Council Members concerning the recent fire on Hancock Street and the procedures
followed.
Upon being granted the floor, Council Vice President Rivera asked preparing a
list of fire hydrants in need of repair could begin as soon as possible. A discussion
ensued between Council Vice President Rivera and Fire Chief Bergeron regarding the
water supply lines on Hancock Street and the impact these may have had on fighting the
fire.
Upon being granted the floor, Councilor Twomey posed questions to Mr. Rivard
about water flow tests on fire hydrants expected to begin next week and valve repairs
expected to begin in about one month.
Upon inquiry, Council President Moran discussed various methods of water
delivery line repairs with Mr. Rivard.
[Councilor Almonte presented a motion to conduct Council business past 10:00
p.m. which was duly seconded by Councilor Reyes and unanimously approved by
the Council Members present[8-0]]
Upon being granted the floor, Councilor Almonte discussed the practical
implementation of developing a list of hydrants that require repair throughout the City. A
discussion ensued between Councilor Almonte and Acting Public Works Director Isensee
regarding the use and operation of water lines.
Council President Moran thanked the various Department Head and staff for
being present before the Council Members to answer questions and concerns presented.
137
Upon no further inquiry, comment or discussion Council President Moran
referred the item to the Ordinance Committee.
Doc. 88/13: Ref. to Ord.
VIII. WITHDRAWALS:
Doc. 8/13: Stop Sign –Cross and Cedar Streets – Counc. Vasquez – Ord. Cmt. –
Withdrawn
Upon being recognized, Councilor Bernal presented a motion to withdraw the
Ordinance Committee. The motion was seconded by Councilor Almonte and Council
Members present voted unanimously [7-0] to withdraw the item from the City Council
Agenda. [Council Vice President Rivera being absent from the Council Chamber at the
IX. OLD BUSINESS: - None
X. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
138
291/05
124/12
85/12
201B/12
278/12
284/12
302/08
248/12
Moran
Disposition – 74 Springfield Street – (Tax Map #102, Lot 59A) –
[$3,573.00] – The subject real estate has an area of approximately 3,573
Public Hearing
XI. NEW BUSINESS:
66/13 Handicapped Parking – 7 Wilmot Street – Francisca Ramirez – Counc. Reyes
Ref. to Ord. Cmt.
67/13 Rodolpho’s Pizzeria – 121A South Broadway – request to place two tables and
chairs on sidewalk – Counc. Twomey – Ref. to Ord.Cmt.
68/13 Second Hand Dealer License – Jaime I. Cosme – 100 Water Street, Bay 1,
Lawrence, MA – Ref. to Ord. Cmt.
69/13 Debt Refinancing – Debt Service reduction – [$2,800,000.00] – Council Vice
Pres. Rivera – Ref. to Budget & Finance Cmt.
70/13 Fire Department Staffing Financial – review and strategy – Council Vice Pres.
Rivera – Ref. to Budget & Finance Cmt.
71/13 Iglesia Pentecostal La Senda Antigua II – request permission to use the
Campagnone Common Park to hold a Christian Concert on July 20, 2013 from
2:00 pm to 6:00 pm – Elizabeth Rosario – Ref. to Ord. Cmt.
139
72/13 Second Hand Dealer License – 92 Broadway – Jon M. Wolf
Ref. to Ord. Cmt.
73/13 Old Gold Dealer License – 92 Broadway – Jon M. Wolf
Ref. to Ord. Cmt.
74/13 Pawnbroker Dealer License – 92 Broadway – Jon M. Wolf
Ref. to Ord. Cmt.
75/13 K of C Association, Inc. – 505 Sutton Street, North Andover, MA – Confirmatory
Deed – Roberto O’Sullivan, Esq. – Ref. to Housing Cmt.
76/13 Proposed Amendment to Municipal Ordinance Title 18 Local Wetland Ordinance
– Daniel McCarthy, Land Use Planner – Ref. to Housing Cmt.
77/13 Water and Sewer Capital Projects – approved in 2012 [$1,390,498] – review and
update – Council Vice Pres. Rivera – Ref. to Budget & Finance Cmt.
78/13 Mid Year Financial Review – Expense and Revenue – Council Vice Pres. Rivera
80/13 Review and Acceptance of Grants awarded to the City of Lawrence Community
Dev. Dept.-2010 Lead Abatement Grant [$3,000,000.00] and Health Homes Grant
[$100,000.00][TOTAL $3,100,000.00]- James H. Barnes, Community
Development Dir. – Ref. to Budget & Finance Cmt.
Dev. Dept.-Community Health Initiative Project [$100,000.00]; Dana Farber
Cancer Institute Project Impact [$56,000.00]; Dana Farber Cancer Institute
Project Clear [$16,200.00][TOTAL $172,200.00] - James H. Barnes, Community
Development Dir. – Ref. to Budget & Finance Cmt.
Dev. Dept.- 2010 HMIS II Grant [$53,345.00]; - 2011 HMIS II Grant
[$53,345.00]–2011 HMIS Grant [$12,416.00][TOTAL $119,106.00]–James H.
Barnes, Community Development Dir. – Ref. to Budget & Finance Cmt.
83/12 Loading Zone-276 Essex Street-Ben Lyons-Counc. Twomey
Ref. to Ord. Cmt.
86/13 Community Day Charter Schools – request permission to use the Manchester
Street Park on June 6, 2013 from 4 pm to 9 pm - to host a Family Fun Night for
students, parents, teachers and staff from various Charter Schools - Sussanne
Petrakis, Parent Advisory Board Coordinator – Ref. to Ord Cmt.
87/13 Blanco Arriba Presente – request permission to use the Manchester Street Park on
May 19, 2013 from 10 am to 7 pm to hold “A Day with Blanco Arriba” – Ricardo
Fabian and Ricardo De Jesus – Ref. to Ord. Cmt.
Doc. 89/13: Emergency Board Appointment – Lawrence Board of Registrars – Mr.
Laurence Collopy-95 Hancock Street, Lawrence, MA – Mayor William
Lantigua – Ref. to Pers. Cmt.
140
Council President Moran introduced the item and informed the Council Members
that Mayor Lantigua forwarded the item to the Council Members in order to address a
lack of quorum currently available on the Lawrence Board of Registrars.
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
adding the item to the Council Agenda. The motion was seconded by Council Vice
President Rivera and unanimously [8-0] approved by the Council Members present.
Council President Moran referred the item to the Personnel Committee.
Doc. 89/13: Ref. to Pers. Cmt.
XI. ADJOURNMENT:
ADJOURNED
(10:14p.m.)
Attest:
William J. Maloney
City Clerk
141
DATE: Tuesday, April 16, 2013
A REGULAR MEETING of the City Council was held on Tuesday, April 16,
Approximately Sixty-two [62] persons were present.
of City Council Meetings conducted April 2, 2013 were submitted by the City Clerk for
Upon the motion of Councilor Bernal to accept the minutes as presented duly
seconded by Councilor Almonte, the Council Members present voted unanimously [9-0]
to accept the minutes of April 2, 2013.
Richard Russell, 34 Cross Street, Lawrence, MA posed questions directed at
Overseer Robert Nunes asking that as Overseer of the City of Lawrence finances that he
authorize the suspension of City employees without pay if they are indicted. He stated
that it is unfair to the taxpayers in Lawrence that employees charged with a crime be
142
allowed to continue to receive their usual pay and benefits. Mr. Russell also posed
general questions to Overseer Nunes about the authorization of expenses and costs to pay
Counsel to defend the City of Lawrence in a matter that concern the release of
public records and information.
Lindy Galland, 196 West Street, Lawrence, MA stated that the social services
agencies in Lawrence are corrupt. She commented about the payment of caretaker
salaries.
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA stated that the City should not
be constructing new parks along the riverways because the Public Works Department do
not have sufficient staff or funds to conduct proper maintenance. He asked what came of
the proposed City wiring projects which he believed were “tabled” before the Council.
Mr. D’Amico also asked about cameras that were going to be installed at the Public
Works Department offices and inquired about the contract with Harvey Company for
waste collection. He asked if the City could expect financial returns from the benefits of
recycling programs reducing the total tonnage collected.
Upon no further comment offered by members of the public, Council President
Moran closed the public comment portion of the Council Meeting.
Doc. 32/13: Vacant/Foreclosed Property Maintenance – amend present ordinance –
Councilor Vasquez - Public Hearing held – Approved
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Council Members.
Arthur Brien, 23 Tudor Ave., Lawrence, MA discussed the foreclosure issues
facing Lawrence homeowners and stated that homeowners are never properly informed
of their rights as homeowners when foreclosure is pending. He stated that the proposed
ordinances regarding foreclosure proceedings presented for consideration of approval by
the City Council will be beneficial to those homeowners facing foreclosure particularly
with the requirement that mediation be made available. Mr. Brien stated that proposed
ordinance regarding the maintenance of foreclosed and abandoned property will
strengthen the existing ordinance and help to secure the health, safety and welfare of the
public. He urged the Council members approve the proposed ordinances for these
reasons.
Reverend Victor Jarvis, member of the Lawrence Human Rights Commission,
discussed work he has done to help limit or prevent foreclosures. He stated that he
supports the proposed ordinances presented for Council consideration.
Franklin Robinson, 36 Bennington Street, Lawrence, MA commented on the lack
of police presence in Lawrence stating that increased police presence will help reduce
crime. Council President Moran responded by informing Mr. Robinson that although his
comments are welcomed, they should be presented during the public comment portion of
the proceedings and encouraged Mr. Robinson to return and present further comments at
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future City Council Meetings.
Lindy Galland, 196 West Street, Lawrence, MA urged the Council Member to
approve the proposed ordinances.
Peter Blanchette, 45 Greenfield Street, Lawrence, MA and current Building
Commissioner for the City of Lawrence, spoke in support of the proposed foreclosure
and abandoned property maintenance ordinances pending before the Council Members
for approval.
Upon being granted the floor, Councilor Vasquez presented a motion to approve
the proposed ordinance presented which was seconded by Council Vice President Rivera.
Upon being granted the floor, Councilor Vasquez stated his support of the
proposed ordinances regarding foreclosed property commenting that the ordinances are
necessary to assist those facing foreclosure and to properly maintain and manage
properties that have been foreclosed. He thanked Councilor Bernal, Chair of the
Ordinance Committee, and Councilor Laplante, Chair of the Housing Committee, for
their hard work drafting and vetting the measures presented for final approval before the
Council Members.
Upon being granted the floor, Council Vice President Rivera stated that the input
and support of the Lawrence Community in addition to the work provided by the Council
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Members on this matter has had positive results as evidenced by the public support of the
proposed measures.
Upon being granted the floor, Councilor Laplante requested the author of the
motion to approve the measure accept an amendment to the motion for approval to
conduct a review of the subsection of the proposed ordinance that provides for signs and
markings be placed on foreclosed properties which is intended to identify those properties
as being subject to foreclosure. He suggested that the review be conducted in one year
stating that further public input at that time would be helpful to determine the impact this
requirement may have on the owners of properties subject to foreclosure, if any. A
discussion ensued between Councilor Laplante and Councilor Vasquez concerning the
proposed amendment. Upon conclusion of their discussion, Councilor Vasquez accepted
the amendment proposed by Councilor Laplante. Councilor Laplante concluded stating
that he supports the proposed ordinance.
Upon being granted the floor, Councilor Twomey stated that he supports the
proposed ordinance commending that it will assure foreclosed properties will be properly
managed, kept in good order and in good repair.
Upon being granted the floor, Councilor Bernal stated that the input and
assistance by the public resulting in the proposed ordinance presented for approval was
truly the key to providing an effective draft for consideration of the Council Members.
She stated that those involved with the process conducted all the background research
and comparative analysis with other Cities and Towns who have adopted similar measure
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to obtain the ordinances presented.
Members present to consider the matter presented. Upon a motion to approve the
measure presented by Councilor Vasquez, as seconded by Council Vice President Rivera,
the Council Members present voted unanimously [9-0] to approve the measure presented
with the amendment.
Doc. 33/13: Mediation of Foreclosures of Owner-Occupied Residential Property –
Councilor Vasquez - Public Hearing held - Approved
Council Members.
the measure presented which was seconded by Council Vice President Rivera.
Upon being granted the floor, Councilor Vasquez read a letter from Ana Luna,
Director of Arlington Community Trabajando (hereinafter A.C.T.), stating support of
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A.C.T for the measure.
Upon a motion to approve the measure presented by Councilor Vasquez, as
IV. TABLED MATTERS:
Doc. 57/13: Taxi and Livery Licenses for 2013 – Renewals – JC Transportation;
Liberty Service; Merrimack Transportation; Five Star Express; Popular Taxi Co.;
Lawrence United Express, Go Caribe Transportation & American Taxi & Livery Lt. Shawn J. Conway, Lawrence Police Department - Ord. Cmt. - Approved
Upon being recognized, Councilor Almonte presented a motion to take the above
matter out of the order appearing on the City Council Agenda. The motion was seconded
by Councilor Reyes and unanimously approved by the Council Members present [9-0].
Council President Moran invited Lt. Conway of the Lawrence Police Department
to address the Council Members on matters pertaining to use and regulation of taxi cabs
and livery vehicles in the City of Lawrence. Lt. Conway informed the Council Members
that it is his opinion that the use of a car horn to summons a cab fare to the cab is
impermissible use of a safety feature of a motor vehicle in violation of motor vehicle law
subject to citation. A discussion ensued between Lt. Conway and Council President
Moran regarding applicable motor vehicle laws and city ordinances pertaining to the taxi
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cabs and livery vehicles in the City of Lawrence.
Upon being granted the floor, Councilor Almonte suggested that it might be
beneficial to conduct orientation sessions with taxi drivers to obtain information about the
operation of taxis in Lawrence. She stressed that her focus is to assure that cab drivers
operate the safety of the public be of primary consideration. She stated that she has
observed cab drivers “pick up” and “drop off fares” in the middle of the street which
clearly violates any operational procedures and should never be done.
Upon being granted the floor, Councilor Bernal stated that Lawrence residents
have concerns which she believes the cab owners and drivers are addressing with
particular regard about the excessive use of car horns.
Council President Moran stated that he believes a continued vigilance of cab
customers and area residents will help resolve any noise or operation problems which he
encourages be reported to the police and cab company owners.
Upon being granted the floor, Councilor Laplante polled the audience present in
Council Chambers and addressed the cab owners asking they remain vigilant regarding
these important matters concerning their businesses. He also posed questions to Lt.
Conway about the number of cab company medallions issued in the City of Lawrence
(150), the number of cab operators (380), the number of license approvals by the
Lawrence Police Hackney Division, and other matters pertaining to applicable City
Ordinances concerning the taxi license renewal process.
Upon being granted the floor, Council Vice President Rivera stated that he intends
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to visit with taxi owners regarding these and other matters and suggested that the cab
owners and operators should meet twice a year or more to determine discuss and resolve
important issues and to assure operators are properly trained.
Upon being granted the floor, Councilor Bernal commented that discussions
regarding the re-issuance of surrendered taxi medallions is not an issue simply because
there are no medallions available to re-issue or re-assign. She stated further that the
Lawrence Police Department has a policy in place regarding the transfer of taxi licenses
that appears to be stricter than the City Ordinances requires which serves the City of
Lawrence well on this issue.
Upon request of Councilor Laplante, Lt. Conway stated that the public can contact
the Lawrence Police with complaints and other matters that pertain to taxi cabs and livery
vehicles in Lawrence at (978)794-5900 - Ext. 687, or by e-mail [he then provided his email address at the Lawrence Police Department].
Upon being granted the floor, Councilor Almonte thanked the owner and
operators at Popular Taxi for their assistance and for providing her with information
concerning taxi and livery operation in the City of Lawrence.
Council President Moran thanked the cab and livery owners for being present to
assist the Council Members with issues pertaining to their business. He stated that this
type of cooperation is necessary to better serve the public.
Council President Moran called upon the Council Members to consider the matter
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presented.
Upon being granted the floor, Councilor Almonte presented a motion to approve
Taxi and Livery Licenses for 2013 to include the following applicants: JC
Transportation; Liberty Service; Merrimack Transportation; Five Star Express; Popular
Taxi Co.; Lawrence United Express, Go Caribe Transportation; and, American Taxi &
Livery. The motion was seconded by Councilor Aquino and the Council Members
present voted unanimously [9-0] to approve the item.
V: Communication from Mayor, City Officials & City Attorney: Doc. 98/13: FY’13 update on City Finances to the City Council – Robert Nunes,
Fiscal Overseer – Presented/Withdraw
Councilor Vasquez presented a motion to take the above matter out of the order
appearing on the Council Agenda. The motion was seconded by Councilor Reyes and
Council President Moran introduced Overseer Robert Nunes who addressed the
Council Members and the public with an update of the FY 2013 Budget offering a
comparative analysis with past budgets, the current status of present revenues and
expenditures, and projections that may impact the upcoming budget process.
Upon conclusion of the power point presentation, Council Vice President Rivera
questioned Overseer Nunes’ comparison of Lawrence tax rates with the State average
rates stating that the taxpayers in Lawrence contend with a poverty rate that is
significantly higher which is an added burden on financial matters. He also commented
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and discussed the greater share paid by residential tax payers in comparison with the
commercial rate payers in relation to stated commitments to public safety, possible wage
increases in various City Departments, and the possibility of supporting a wage increase
for City Employees. Overseer Nunes responded by informing the Council Members that
it is too early in the local and state budget process to reasonably predict budget
allocations with any certainty with particular concern regarding salaries that may be
negotiated or approved for public safety personnel. Council Vice President Rivera
suggested that the Administration should be cautious in contract negotiations and
approvals to assure the City has sufficient revenues to fund any agreement reached
concerning wage increases. A discussion ensued between Council Vice President Rivera
and Overseer Nunes regarding on-going contract negotiations.
Upon being granted the floor, Councilor Laplante posed questions about the use
of “free cash” to fund public safety salaries. Overseer Nunes stated that the use of “free
cash” to fund public safety employee wages is not recommended and is not a sound use
of funds that will certainly run out without the possibility of continued funding.
Councilor Laplante emphasized that all agree that public safety is a priority and that the
use of “free cash” to supplement salaries for public safety personnel would be consistent
with that priority. He continued with questions about the cost of paying police officers
who are presently under indictment. Overseer Nunes responded by stating the issue
concerning whether or not to suspend these employees with or without pay is within the
authority of the Mayor and not the Financial Overseer. A discussion ensued between
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Councilor Laplante and Overseer Nunes regarding a recent letter sent from the
Massachusetts Inspector General to Mayor Lantigua concerning this issue.
Council President Moran commented that invoking the Legislative process to
address a matter that is inherent to the executive branch of municipal government
concerns the “separation of powers” doctrine which is inherent to government in general
and not likely to be changed or amended through State Legislation.
Upon continuing, Councilor Laplante posed questions about school spending
anticipated for FY’2014 to Overseer Nunes, who discussed the financial proposals for
Ch. 70 spending for consideration.
Upon being granted the floor, Councilor Bernal posed questions about the process
of firefighter negotiations and how they may impact the City Budget. Overseer Nunes
stressed that his primary focus is to oversee and balance the City Budget and not to be
directly involved with union matters. He commented that it is his considered opinion that
those employees that are presently under indictment should not be allowed to draw a
salary and benefits. However, his opinion does not give him any authority to actually
implement it. Councilor Bernal inquired also about the budget certification process and
the impact of not obtaining or requesting certification as with past City budgets.
Upon being recognized, Councilor Vasquez inquired about the failure to submit
budget balance sheets for certification in 2009 and 2010. Overseer Nunes informed the
Council Members that failure to submit a City budget for certification is likely due to a
realization that certification will not be issued by the Commonwealth of Massachusetts
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which may in turn result in a poor financial rating for the City.
Upon continuing, Councilor Bernal posed additional questions about health
insurance costs and employee contributions as well as credits from the Retirement Board
for past overpayments to the retirement system by the City.
[Councilor Vasquez presented a motion to conduct Council business past 10:00 p.m.
which was duly seconded by Councilor Almonte and unanimously
approved [9-0] by the Council Members present]
Upon continuing, Councilor Bernal discussed how funds allocated for specified
projects approved by Council from “free cash” funds are returned to “free cash”,
projected savings for trash pickup in 2014, use of Water Department Enterprise Funds to
leverage Water and Sewer Department, Parking Enterprise Fund deficit and reduction,
and the average single family assessed value of real property.
Overseer Nunes urged the Council Members to maintain continued budget
discussions through the month of May as budgetary information is made available.
Upon no further discussion, inquiry of comment Council Vice President Rivera
presented a motion to withdraw the item from the Council Agenda. The motion was
seconded by Councilor Almonte and the Council Members present voted unanimously
Doc. 98/13: Presented/Withdrawn
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Doc. 53/13: Handicapped Parking – 165 Ferry Street – Gloria A. Schwartz –
Council Members.
Upon a motion to approve the measure presented by Councilor Almonte, as
seconded by Councilor Vasquez, the Council Members present voted unanimously [8-0]
to approve the measure as presented [Council Vice President Rivera being absent from
the Council Chambers at the time the vote was recorded].
155
Doc. 63/13: Review and Approval of annual application to HUD for Community
Development Block Grant [CDBG][$1,306.172.00] and HOME Funding
[$552,548.00] – James H. Barnes, Community Development Director – Public
Council Members.
James Barnes, Community Development Director, presented an overview of the
proposal for Community Development Block Grant [CDBG] [$1,306.172.00] and HOME
Funding [$552,548.00] as presented.
Upon being granted the floor, Councilor Aquino presented a motion to approve
the item presented which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Almonte posed questions to Director
Barnes regarding “National Night Out” proposed funds.
Upon being granted the floor, Councilor Laplante commended Director Barnes
for following through with past suggestions that the applicants for funding be checked to
assure they are in good standing with the Secretary of State and Attorney General as part
of the recommendation and approval process. He asked Director Barnes to also provide
156
information and comment regarding the result for each of the projects funded to obtain a
sense as to the viability or success of the program for future consideration.
Council President Moran informed the Council Members in the review that he and
Councilor Reyes have taken the opportunity to review some of the programs
implemented through CDBG and HOME funds which seem to have some success.
Upon a motion to approve the measure presented by Councilor Aquino, as
approve the item as presented.
VII. APPROPRIATIONS-ORDERS-RESOLUTION: Council President Moran called the following two matters to the attention of the
Doc. 99/100: Appropriation Transfer – Police Department – From: Police
Operations – Salaries & Wages [$13,058.00] to Additional Equipment [$4,906.00]
& to Motor Vehicles [$8,152.00] – Mark J. Ianello, Finance Director – Ref. to
Budget & Finance Committee
Operations - Salaries & Wages to Additional Equipment [$64,000.00] – Mark J.
Ianello, Finance Director – Ref. to Budget & Finance Committee
157
VIII. COMMITTEE REPORTS:
Doc. 10/13: Surplus Property – 46 Eutaw Street – (Tax Map 130, Lot 36) –
Sale of Property to Linda Poulin for price of [$3,107.00] - The subject real estate has
an area of approximately 3,107 Square feet, consists of vacant land, and is located in
an (R-3/R-4) – Residential Zoning District – Richard Burke, Real Property
Specialist – Hous. Cmt. – Ref. to Housing Cmt.
motion to receive the report of the Housing Committee. The motion was seconded by
Councilor Bernal, and the Council Members present voted unanimously [9-0] to receive
the report of the Housing Committee.
Upon being granted the floor, Councilor Laplante explained that the matter be
referred back to the Housing Committee for further proceedings. Councilor Bernal
agreed.
Council President Moran then referred the item to the Housing Committee for
Doc. 10/13: Ref. to Housing Cmt.
Doc. 11A/13: Surplus Property – 24 Basswood Street – (Tax Map 151, Lot 12A) –
Sale of Real Property to Gregoria Morrobel upon payment of $2,178.00 –
The real property subject to sale has an area of approximately 2,178 square feet,
consists of vacant land, and is located in an (R-3-R-4) Residential Zoning
District – Richard Burke, Real Property Specialist – Hous Cmt – Approved
Upon being recognized, Councilor Laplante, Chair of the Housing Committee,
informed the Council Members that the real property subject to the proposed disposition
came to the Housing Committee as Document 11/2013 and referenced property located at
24-26 Basswood Street (Tax Map 151, Lot 12). He further informed the Council
158
Members that the real property subject to this item originally contained of approximately
4,356 square feet, consists of vacant land, and is located in an (R-3/R-4) Residential
Zoning District. Councilor Laplante stated that proceedings before the Housing
Committee resulted in splitting the document into Document 11A/2013 and Document
11B/2013 to allow the sale of approximately a 2,178 square foot parcel from the whole
parcel to two individuals upon payment of $2,178.00 each as the reports and proposed
dispositions will address.
Councilor Laplante then presented the report of the Housing Committee regarding
Document 11A/2013 recommending the approval of a disposition of the real property
located at 24 Basswood Street (Tax Map 151, Lot 12A) by transfer of title to Gregoria
Morrobel with restrictions and conditions and upon payment of $2,178.00. The report
was presented in the form of a motion to approve the proposed disposition as presented.
The motion was seconded by Councilor Almonte and the Council Members present voted
unanimously [8-0] to approve the disposition as recommended [Council Vice President
Rivera being absent from the Council Chamber at the time the vote was recorded].
Doc. 11B/13: Surplus Property – 26 Basswood Street – (Tax Map 151, Lot 12B) –
Sale of Real Property to Daniela Tejada upon payment of $2,178.00 –
The real property subject to sale has an area of approximately 2,178 square feet,
consists of vacant land, and is located in an (R-3-R-4) Residential Zoning
District – Richard Burke, Real Property Specialist – Hous Cmt – Approved
159
report of the Housing Committee recommending the approval of a disposition of the real
property located at 26 Basswood Street (Tax Map 151, Lot 12B) by transfer of title to
Daniela Tejada with restrictions and conditions and upon payment of $2,178.00. The
report was presented in the form of a motion to approve the petition as presented. The
motion was seconded by Council Vice President Rivera and the Council Members
present voted unanimously [9-0] to approve the disposition as presented.
Doc. 51/13: 5-7 Berkeley Court–Amendment to Rescission of Deed Conditions–
Remove deed restriction that prohibits building and place a new restriction that
allows the building of not more than 2 homes [1 on each lot] after subdivision George J. Burke, III, Owner/Manager, HMP Berkeley Street, LLC –
Hous. Cmt. - Approved
report of the Housing Committee to approve the item as presented. The motion was
seconded by Councilor Bernal and the Council Members present voted unanimously
[9-0] to approve the petition presented.
Doc. 47/13: Handicapped Parking – 17 Hobson Street – Fiordaliza Rodriguez –
report was presented in the form of a motion, seconded by Council Vice President Rivera
and unanimously approved by the Council Members present [9-0].
Doc. 47/13: Public Hearing ordered
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Doc. 58/13: Iglesia de Cristo Rios de Agua Viva – 46-48 Fitz Street - Request
permission to use the Campagnone Common Park on May 31st & June 1st, 2013
from 5 pm to 8:00 pm to hold Religious Services – Graciela Gual, Interim Pastor –
Doc. 59/13: Iglesia de Cristo Rios de Agua Viva – 46-48 Fitz Street – Request
permission to use the Cronin Park on Juniper Street on July,19th & 20th, 2013
from 4:30 pm to 8:30 pm to hold Religious Services – Graciela Gual, Interim
Pastor – Ord. Cmt. – Approved
permission to use the Storrow Park on High Street on August 9th, 2013 from 4:30
pm to 8:30 pm to hold a Religious Service – Graciela Gual, Interim Pastor – Ord.
Cmt. – Approved
permission to use the Reviviendo Park on Summer & Newbury St. on August 10th,
2013 from 4:30 pm to 8:30 pm to hold a Religious Service–Graciela Gual, Interim
Pastor-Ord. – Approved
Upon being recognized, Councilor Bernal presented a motion that Council
consider Doc. 58/13, Doc. 59/13, Doc. 60/13 and Doc. 61/13 as a “block”. The motion
was seconded by Council Vice President Rivera and unanimously approved to consider
the above items as a “block” by the Council Members present [9-0].
Councilor Bernal then presented the report of the Ordinance Committee to
approve the following four above referenced petitions as presented.
the measures presented which was seconded by Councilor Almonte and unanimously
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Doc. 68/13: Second Hand Dealer License – Jaime I. Cosme –
100 Water Street, Bay 1, Lawrence, MA – Ord. Cmt.-Approved
in the form of a motion to approve the item as presented which was seconded by
Doc. 71/13: Iglesia Pentecostal La Senda Antigua II – request permission to use the
Campagnone Common Park to hold a Christian Concert on July 20, 2013
from Noon to 7:00 pm [Hours amended] – Elizabeth Rosario –
in the form of a motion to approved the item as presented which was seconded by
Councilor Almonte.
Upon being granted the floor, Councilor Vasquez commented that he believed the
event time was to be amended to run from Noon to 7:00 p.m. so the sponsors could clean
the area.
Upon no further discussion, the Council Members present unanimously [9-0]
approved the petition presented to allow the event to be conducted from Noon until 7:00
p.m.
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Doc. 72/13: Second Hand Dealer License – 92 Broadway –
Renewal - Jon M. Wolf – Ord. Cmt. – Approved
Doc. 73/13: Old Gold Dealer License – 92 Broadway – Jon M. Wolf –
Renewal - Ord. Cmt. - Approved
Doc. 74/13: Pawnbroker Dealer License – 92 Broadway – Jon M. Wolf –
Renewal - Ord. Cmt. – Approved
Upon being recognized, Councilor Bernal presented a motion that Council
consider Doc. 72/13, Doc. 73/13, and Doc. 74/13 as a “block”. The motion was seconded
by Councilor Almonte and unanimously approved to consider the above items as a
“block” by the Council Members present [9-0].
approve each of the above petitions. The report was presented in the form of a motion to
approve each of the above items as presented which was seconded by Councilor Almonte
Doc. 83/13: Loading Zone – 276 Essex Street –
Ben Lyons – Ord. Cmt. – Withdrawn
seconded by Councilor Almont.
163
petition should not go forward as it concerns a matter already considered by the Council
Members within one year which would contravene the Rules of the City Council not to
consider matters presented within one year.
Upon being granted the floor, Councilor Bernal suggested that the petition
previously approved was to “delete” a loading zone at the location of 276 Essex Street
and the petition presently before the Council is to “place” a loading zone at this same
address which may be considered a different matter. A discussion ensued between
Council President Moran and Councilor Bernal and Council President Moran determined
the matter to be substantially the same item within the one year prohibition of the Rules
of City Council.
Upon being granted the floor, Council Vice President Rivera suggested that the
matter should not be subject to any further consideration.
Upon being granted the floor, Councilor Almonte suggested that an approval
could be entered which would allow for the use of the loading zone as a loading zone
during specified times and otherwise used a parking space to avoid ticketing for parking
in a loading zone.
Rules of the City Council and declare the measure an emergency in order to proceed
further. The motion was seconded by Councilor Almonte and the Council Members
present defeated the motion as follows: Yes-4; No-5
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Councilor Laplante - No
Councilor Twomey – Yes
Councilor Almonte - Yes
Council President Moran – Yes
to withdraw the item from the Council Agenda. The motion was seconded by Councilor
Aquino and the Council Members present voted as follows to withdraw the matter from
the Council Agenda: Yes-8; No-1
Doc. 86/13: Community Day Charter Schools – request permission to use the
Manchester Street Park on June 6, 2013 from 3 pm to 9 pm [Hours
amended] to host a Family Fun Night for students, parents, teachers and
staff from various Charter Schools - Sussanne Petrakis, Parent Advisory
Board Coordinator – Ord. Cmt. – Approved
of the Ordinance Committee recommending the approval of the petition as presented.
165
The report was presented in the form of a motion to approve the petition which was
present [9-0].
Doc. 87/13: Blanco Arriba Presente – request permission to use the Manchester
Street Park on May 19, 2013 from 7 am to 7 pm [Hours amended] to hold “A Day
with Blanco Arriba” – Ricardo Fabian and Ricardo De Jesus – Ord. Cmt. Approved
present [9-0].
which was seconded by Councilor Almonte and unanimously approved [9-0] by the
Council Members present]
Doc. 75/13: K of C Association, Inc. – 505 Sutton Street, North Andover, MA –
Confirmatory Deed – Roberto O’Sullivan, Esq. – Housing Cmt. - Approved
report of the Housing Committee to approve the measure as presented. The report was
presented in the form of a motion to approve which was seconded by Councilor Almonte
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Doc. 76/13: Proposed Amendment to Municipal Ordinance Title 18 Local Wetland
Ordinance–Daniel McCarthy, Land Use Planner-Housing Cmt. –
Ref. to Ord. Cmt.
motion to receive the report without a recommendation. The motion was seconded by
Councilor Almonte and unanimously [9-0] approved by the Council Members present to
receive the report of the Housing Committee.
Council President Moran then referred the matter to the Ordinance Committee.
Doc. 80/13: Review and Acceptance of Grants awarded to the City of Lawrence
Community Dev. Dept.-2010 Lead Abatement Grant [$3,000,000.00] and
Health Homes Grant [$100,000.00][TOTAL $3,100,000.00]- James H.
Barnes, Community Development Dir. – Budget and Finance Cmt. –
Approved
the item as presented. The report was presented in the form of a motion to approve the
item as presented which was seconded by Councilor Almonte.
Upon being granted the floor, Councilor Laplante requested that Community
Development Director Barnes provide future data and information to show the results
obtained in the programs subject to the grants referenced. Community Development
Director Barnes agreed to provide the information requested to the Council Members at a
future date when available.
167
Upon no further inquiry, comment or discussion, 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].
Community Dev. Dept.-Community Health Initiative Project [$100,000.00];
Dana Farber Cancer Institute Project Impact [$56,000.00]; Dana Farber
Cancer Institute Project Clear [$16,200.00][TOTAL $172,200.00] - James H.
Barnes, Community Development Dir. – Budget and Finance Cmt. Approved
presented which was seconded by Councilor Almonte.
Upon being granted the floor, Councilor Laplante requested that Community
Development Director Barnes provide future data and information to show the results
obtained in the programs subject to the grants referenced. Community Development
Director Barnes agreed to provide the information requested to the Council Members at a
future date when available.
voted unanimously [8-0] to approve the item as presented [Councilor Bernal being absent
168
Community Dev. Dept.- 2010 HMIS II Grant [$53,345.00]; - 2011 HMIS II
Grant [$53,345.00]–2011 HMIS Grant [$12,416.00][TOTAL $119,106.00]–
James H. Barnes, Community Development Dir. – Budget and Finance Cmt.
– Approved
the item as presented. The report was presented in the form of a motion to approve the
item presented which was seconded by Councilor Almonte.
Upon being granted the floor, Councilor Laplante inquired about the purpose of
the Grant.
voted unanimously [9-0] to approve the item as presented
Doc. 89/13: Emergency Board Appointment – Lawrence Board of Registrars – Mr.
Laurence Collopy-95 Hancock Street, Lawrence, MA – Mayor William
Lantigua – Personnel Cmt. – Approved
report of the Budget & Finance Committee recommending the approval of the item as
presented. The report was presented in the form of a motion to approve the item which
was seconded by Council Vice President Rivera and unanimously [9-0] approved by the
Council members present.
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IX. WITHDRAWALS:
Doc. 263/10: Payout of Accruals – Process – Counc. Laplante – Pers. Cmt. –
Withdrawn
Upon being recognized, Councilor Almonte presented a motion to withdraw the
Personnel Committee. The motion was seconded by Councilor Reyes.
Upon being recognized, Councilor Laplante, as sponsor of the item, informed the
Council Members that the item should be withdrawn since its purpose is no longer
relevant.
voted unanimously [9-0] to approve the item as presented
X. OLD BUSINESS:
Doc. 166/09: Disposition – 32 Cedar Street – (Tax Map #168, Lot 142A) – Richard
Burke, Planning Dept. Director – Ref. to Housing Cmt.
Council President Moran called the above matter to the attention of the Council
Members as appearing on the Agenda and referred the item to the Housing Committee for
Doc. 350/12: Old God and Second Hand Dealer Licenses – Salvatore’s Restaurant Dates to be added - April 25 through April 29, 2013 – Brian Corley, Spindle City
Precious Metals – Approved
of the Ordinance Committee recommending the April dates requested by the petition be
170
added to the licenses previously approved by the Council Members. The report was
XI. NEW BUSINESS:
Doc. 101/13: Review and Acceptance of the Oxford Paper Site PARC grant –
[$500,000.00] – James H. Barnes, Community Dev. Dir. – Approved
Council President Moran introduced the item and informed the Council Members
the matter is presented by Community Development Director Barnes for immediate
attention of the Council Members.
suspend the Rules of the City Council and declare the measure an emergency for the
purpose of immediate consideration by the Council Members present. The motion was
seconded by Councilor Bernal and unanimously [9-0] approved by the Council Members
present.
Upon being recognized, Community Development Director Barnes informed the
Council Members that the funds subject to this item have already been awarded and
placed in use but inadvertently were not presented for review and approval to the City
Council.
approve the item as presented. The motion was seconded by Councilor Almonte and the
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Council Members present vote unanimously [9-0] to approve the item as presented.
XII. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
302/08
248/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Moran
Public Hearing
172
XIII. NEW BUSINESS:
90/13
91/13
92/13
93/13
94/13
95/13
96/13
97/13
Transient Vendor License – Francisca Medina – 175 Haverhill Street,
Lawrence High School Campus Scholarship check – Marjorie Haggerty,
Assistant Principal – Ref. to Ord. Cmt.
Iglesia Defensores En Cristo – Request permission to use the William
Kennedy Park (Daisy Street/Playground Area) on Saturday, July 6, 2013
from 3 pm to 6pm for a Christian Event – Pastor Miguel Alicea – Ref. to
Ord. Cmt.
Iglesia Defensores En Cristo – Request permission to use the Sullivan
Park (Osgood Street and North Parish Road) on Saturday, July 20 &
September 14, 2013 from 3 pm to 6 pm for Christian Events – Pastor
Miguel Alicea – Ref. to Ord. Cmt.
Iglesia Defensores En Cristo – Request permission to use the West Street
Park (Playground Area) on Saturday, August 3, 2013 from 3 pm to 6 pm
for a Christian Event – Pastor Miguel Alicea – Ref. to Ord, Cmt.
Iglesia Defensores En Cristo – Request permission to use the Campagnone
Common Park (Playground area or open Field near Garden & Common
Sts. on Saturday, June 22, 2013 from 3 pm to 6 pm for a Christian EventPastor Miguel Alicea – Ref. to Ord. Cmt.
Iglesia Defensores En Cristo – Request permission to use the Storrow Park
(High Street/Playground Area) on Saturday, August 31, 2013 from 3 pm
to 6 pm for a Christian Event – Pastor Miguel Alicea – Ref. to Ord. Cmt.
Iglesia Defensores en Cristo – Request permission to use the Cronin
Playground Park (Juniper Street) on Saturday, June 8, August 17, &
September 28, 2013 from 3 pm to 6 pm for Christian Events – Pastor
Miguel Alicea – Ref. to Ord. Cmt.
Doc. 298/12: National Grid – requests permission to place underground electric
conduits on Brook Street – Jason Dwyer, Supervisor, Distribution Design – Ord.
Cmt – Public Hearing Ordered
Council President Moran introduced the above item informing the Council
Members that the Ordinance Committee met this evening just prior to the Full City
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Council Meeting in order to report and address the item.
Upon being recognized, Councilor Almonte presented a motion to suspend the
adding the item to the Council Agenda. The motion was seconded by Councilor Reyes
and unanimously [9-0] approved by the Council Members present.
Upon being granted the floor, Councilor Bernal presented the report of the
Ordinance Committee recommending the Council Members enter an order for 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 and unanimously approved
[9-0] by the Council Members present.
XIIII. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Vasquez, the
ADJOURNED
(11:20p.m.)
Attest:
William J. Maloney
City Clerk
174
DATE: Tuesday, May 7, 2013
A REGULAR MEETING of the City Council was held on Tuesday, May 7,
Approximately thirty [30] persons were present.
of City Council Meetings conducted April 16, 2013 were submitted by the City Clerk for
unanimously [9-0] to accept the minutes.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke in support of Mayor
Lantigua and the good work of LPD, Chief Romero. He spoke in support of union
agreements for public safety personnel. Mr. Maali commented on the improvement in
education under the supervision of Receiver Jeff Riley.
175
[Tuesday, May 7, 2013]
Ellie Curtin, 198 Essex Street, Brunswick House, Lawrence, MA commented on
the poor parking conditions in Lawrence particularly in front of the Brunswick House.
She stated that resident parking program put into place on Jackson Street is not working
because the Lawrence Housing Authority takes all the parking spaces to park their work
vehicles. She also stated that the parking reserved for the day care should be removed in
favor of residents who live in the building and should be provided parking spaces to
access their homes.
Jaime Melendez, 27 Dracut Street, Lawrence, MA, Veteran’s Services Director
requested that the City Council support the 11th Annual Beautification Day Program
scheduled for Saturday, May 18, 2013.
Richard Russell, 34 Cross Street, Lawrence, MA stated that on the day of the
State Primary several cars were parked in spaced reserved for handicapped vehicles at the
Parthum School. He asked about Tom Sapienza and Tim Atwood who were fired from
City employment and asked if there will ever be a review. Mr. Russell stated that the
typical sale of surplus City real estate generates about $1.00 per square foot which should
be sold for the fair market value of property in the City of Lawrence. He commented that
the past practice of the City Council has been to limit public input into the budget process
and that the process to arrive at the 2014 City Budget should engage greater public input.
Kathy Runge, 32 Dracut Street, Lawrence, MA commented on the six million
dollar salary increase being proposed for Lawrence School Department personnel by
Receiver Jeff Riley. She stated that the City Council should reject the School
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Department portion of the City Budget for this reason alone.
Luis Rios, 14 Cedar Street, Lawrence, MA spoke in favor of Document 121/13
[Phantom Knights – Request permission to use the Pemberton Park for their 1st Annual
Bike and Car Wash to benefit Diabetes Awareness on July 27, 2013 from 11 am to 6 pm]
an event to bring about greater diabetes awareness. Council President Moran informed
Mr. Rios that the document would not be discussed before the Council this evening but
would be referred to the Ordinance Committee and brought up before that session on
May 9, 2013 at 7:00. He invited Mr. Rios to attend and present information concerning
the event at that session.
Doc. 213/12: Handicapped Parking – sign and ramp to be built @ 38 Warren Street
– Nelson Vega - Public Hearing held – Approved
Council Members.
177
measure presented by Councilor Reyes, as seconded by Councilor Vasquez, the Council
Members present voted unanimously [9-0] to approve the measure.
Doc. 298/12: National Grid – requests permission to place underground electric
conduits on Brook Street – Jason Dwyer, Supervisor, Distribution Design – Public
Hearing – held - Approved
Council Members.
Michelle Stacy of National Grid discussed and explained the work to be
completed subject to the petition filed to the Council Members present.
Dick Russell, 34 Cross Street, Lawrence, MA asked about the status of removing
double poles throughout the City of Lawrence. A discussion ensued among the Council
Members present who informed Mr. Russell of the efforts to remove the double poles that
should be removed throughout the City of Lawrence.
178
to approve the petition as presented which was seconded by Councilor Aquino.
Upon being granted the floor, Councilor Almonte asked Acting Public Works
Director John Isensee about paving Brook Street and whether the final paving project for
this street should take place after the underground conduit work is completed. Acting
Director Isensee informed the Council Members that Brook Street was not presently
scheduled for repaving and discussed the extent of the work to be completed throughout
the City of Lawrence.
Upon being granted the floor, Councilor Bernal addressed the concerns raised by
Mr. Russell regarding the removal of double poles in the City of Lawrence and the policy
of the City to avoid approval of future double pole locations. She also discussed the
ongoing street repaving projects in the City.
Upon being granted the floor, Councilor Vasquez commented about the
importance of assuring that all double poles are removed and indicated that about half of
all double pole locations are in his district when compared to the list of all locations
throughout the City of Lawrence.
Acting Director Isensee about the implementation of inspections conducted after street
excavation or installation of equipment by contractors is completed. Acting Public
Works Director Isensee informed the Council Members that a City Inspectors and the
City Engineer are conducting post work inspections to assure the quality of the repair or
installation meets with construction standards and are acceptable to the City of Lawrence.
179
Acting Director Isensee stated that he would provide Council Vice President Rivera with
a list of street repairs for last year as requested.
Council President Moran stated that post construction inspections have to be
conducted to assure the work being completed meets with construction standards and to
avoid disrepair from poor workmanship. He also commented that the Council has clearly
indicated that existing double pole locations must be removed and that future pole
locations will not be favored. He also stated that the petition before the Council
Members is to install underground conduits necessary to complete a grant received by the
City of Lawrence and will provide electrical service to the park on Brook Street.
Upon being granted the floor, Councilor Twomey discussed possible action on
construction and excavation bonds filed with the City of Lawrence as required by City
Ordinance should work have to be done to repair poor workmanship.
Upon being granted the floor, Council Vice President Rivera commented that the
process created to conduct post construction inspections is sound policy but the limited
availability of inspectors available to conduct these inspections may be the weakness in
the process. He suggested that it is extremely important that Inspectional Services
prioritize post construction inspections to assure that the work being done is good, quality
work.
180
Rivera, as seconded by Councilor Aquino, the Council Members present voted
Doc. 47/13: Handicapped Parking – 17 Hobson Street – Fiordaliza Rodriguez –
Public Hearing held – Approved/30 days waived
Council Members.
Upon being recognized Councilor Vasquez presented a motion to approve the
measure as presented which was seconded by Councilor Reyes and unanimously
Upon being recognized, Councilor Aquino presented a motion to waive any 30
days waiting period that may apply pursuant to section 3.8(a) of The Lawrence City
181
Charter. The motion was seconded by Councilor Vasquez.
Upon being granted the floor, Councilor Laplante stated that the Council
Members consider the benefit of allowing a 30 day waiting period in some instances in
order to assure that any measure that is proposed is put into place and functioning
properly. He stated that the Council often rushes to a vote and waives the 30 waiting
period only to have some matters returned back before the City Council Members for
adjustment or amendment.
Upon being granted the floor, Council Vice President Rivera asked how long the
item has been on the Agenda. City Clerk Maloney informed Councilor Rivera that the
item was first placed on the City Council Agenda on March 5, 2013.
Upon being granted the floor, Councilor Bernal stated that although the comments
offered by Councilor Laplante have merit, the item before the Council concerns the use
and access of a handicapped parking space by someone in need of the parking space
location which should be put in place as soon as possible. She stated that waving the
required 30 period would help get the handicapped parking space in place quicker so that
it can be used as intended.
Upon being granted the floor, Councilor Aquino informed the Council Members
that the petitioner had asked that the handicapped parking space be approved and in place
as soon as possible and urged waving the 30 day waiting period required by the City
Charter.
Council President Moran stated that it is not his experience that consideration and
182
approval of measures presented to the Council is the manner by which the City Council
conducts business. He stated that the Council Members deliberate and consider matters
presented with the importance and time needed to make an informed decision. He
concluded by stating that he disagrees that items before the Council Members are unduly
rushed to approval.
Upon no further comment or discussion, Council President Moran called upon the
Council Members to consider the motion to waive the 30 day period pursuant to the
provisions of the Lawrence City Charter who voted unanimously [9-0] to approve the
waiver of the 30 day period as presented.
Doc. 47/13: Approved/30 days waived
IV. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 126/13: Resolution – Representatives of Organized Labor – Councilor Vasquez
- Presented
Upon being recognized, Councilor Vasquez presented a motion to take document
126/13 out of the order appearing on the agenda. The motion was seconded by Councilor
Almonte and unanimously approved by the Council Members present [9-0].
Upon invitation of Council President Moran, Councilor Vasquez presented the
Resolution of Council to representatives of S.E.I.U present.
Nelson Rivera, 53 Oak Street, Lawrence, MA spoke in favor of the resolution and
thanked the Council Members for their support of the efforts to unionize the home
healthcare employees to improve working condition.
Francisco Cabrera, 85 Colonial Road, Lawrence, MA informed the Council
183
Members about the support of the home healthcare workers by SEIU and asked the
Council Members for their continued support of union efforts.
V. COMMITTEE REPORTS:
Doc. 166/09: Disposition – 32 Cedar Street – [Tax Map 168, Lot 142A] – to be sold
to Johnny Castillo for [$3,214.00] – Hous. Cmt. – Approved
the order appearing on the agenda. The motion was seconded by Councilor Laplante and
unanimously approved by the Council Members present [8-0]. [Councilor Almonte being
absent from the Council Chamber when the vote was recorded].
report of the Housing Committee recommending the approval of sale of City owned real
property located at 32 Cedar Street [Tax Map 168, Lot 142A] by transferring title of the
real property to Johnny Castillo upon payment of $3,214.00 with the stated conditions.
The report was presented in the form of a motion for approval which was seconded by
Councilor Reyes.
Upon being granted the floor, Councilor Bernal addressed the prior concerns
presented by Mr. Richard Russell that suggested the sale of surplus City owned real
property should result in a purchase price that is comparable to the current fair market
value of real property. She stated that the real property owned by the City of Lawrence
and subject to sale as surplus property usually is vacant or abandoned property that is not
generating tax revenues as long as it remains owned by the City of Lawrence. She stated
184
that often the real property the City owns is often a result of tax delinquent foreclosures
and takings. She further explained that the sale of City surplus real estate with an
incentive for buyers to purchase at a price that is extremely low results in placing the real
estate back on the tax rolls which is assessed at the fair market value comparable to all
real property in the City of Lawrence which in turn generates property tax revenue that
otherwise did not exist prior to the sale. A discussion ensued between Councilor Bernal
and Councilor Twomey concerning how adjacent lots merge in title upon unified
ownership.
Upon no further discussion or inquiry the Council Members present unanimously
[9-0] approved the item as presented.
Doc. 10/13: Disposition – 46 Eutaw Street – Tax Map 130, Lot 36] Property to be
sold to Linda Poulin for [$3,107.00] – Hous. Cmt. – Approved
Councilor Bernal presented a motion to take document 10/13 out of the order
appearing on the agenda. The motion was seconded by Councilor Twomey and
report of the Housing Committee recommending the approval of the sale of surplus City
owned real property located at 46 Eutaw Street [Tax Map 130, Lot 36] by transferring
title to Linda Poulin upon payment of $3,107.00. The report was presented in the form of
a motion to approve the item as presented which was seconded by Councilor Almonte.
Upon no further discussion or inquiry the Council Members present unanimously
185
[9-0] approved the item as presented.
VI. NEW BUSINESS:
Doc. 120/13: Lazarus House Ministries, Inc. – Request permission to close
Hampshire Street for a Religious Candlelight Procession on Thursday, May 16th,
2013 from 7 pm to 7:30 pm – H. Bridget Shaheen, Executive Director – Approved
The Council Members voted unanimously [9-0] to suspend the Rules of the City
Council and address the above matter out of order as an emergency measure upon a
motion presented by Councilor Bernal as seconded by Council Vice President Rivera.
Bridget Shaheen appearing on behalf of Lazarus House Ministries, Inc. presented
the petition and requested the Council Members approve the petition.
Council President Moran informed the Council Members that the usual
application form is not on file and suggested that the Council may consider approval of
the petition subject to submission of the application and final review and approval by
Nelson Ortiz of the Recreation Department.
Upon being granted the floor, Councilor Vasquez discussed sending notice to the
area residents so they may participate in the event.
Upon no further inquiry, comment or discussion, Council President Moran called
upon the Council Members to consider the matter presented.
Upon motion of Councilor Vasquez for the approval of the petition which was
to approve the measure subject to submission of the application and review and approval
186
by the City Recreation Department.
VII: Communication from Mayor, City Officials & City Attorney: - None
VIII. APPROPRIATIONS-ORDERS-RESOLUTION:
Operations – Salaries & Wages [$13,058.00] to Additional Equipment
[$4,906.00] & to Motor Vehicles [$8,152.00] – Mark J. Ianello, Finance
Director - Budget and Finance Cmt. – Approved/30 days waived
presented the report of the Budget & Finance Committee to approve the item as
seconded by Councilor Aquino.
Lawrence Police Chief John Romero explained and discussed the purpose of the
appropriation transfer.
Upon being recognized, Council Vice President Rivera amended his motion to
approve to additionally waive any 30 day waiting period that may apply pursuant to
section 3.8(a) of The Lawrence City Charter. Councilor Aquino seconded the motion.
Upon being granted the floor, Councilor Vasquez clarified the insurance
adjustment information provided with the documents.
Members who unanimously [9-0] approved the motion and waived any 30 day waiting
187
period that may apply pursuant to section 3.8(a) of the Lawrence City Charter.
Operations - Salaries & Wages to Additional Equipment [$64,000.00] – Mark
J. Ianello, Finance Director - Budget and Finance Cmt. – Approved/30 days
waived
the item presented and to waive any 30 day waiting period that may apply pursuant to
section 3.8(a) of the Lawrence City Charter. The report was presented in the form of a
motion to approve which was seconded by Councilor Aquino.
Lawrence Police Chief Romero provided the Council Members information
regarding the upgrade of the police informational system that will result.
Upon being granted the floor, Councilor Laplante stated that the monies that are
being paid to Lawrence Police Officers who remain suspended with pay due to
indictment would be better spent on equipment and programs for the Lawrence Police
Department.
Upon being granted the floor, Councilor Vasquez discussed the updated
information provided by Chief Romero.
Upon being granted the floor, Council Vice President Rivera asked Chief Romero
about current crime statistics. Chief Romero responded by informing the Council
Members that updates are constantly provided while attending community informational
meetings. A discussion ensued between Council President Moran and Chief Romero
188
about the new reporting system the funds will be used to upgrade.
Upon no further inquiry, comment or discussion, Council President Moran called
upon the Council Members to consider the matter presented who unanimously [9-0]
approved the item presented and waived any 30 day waiting period that may apply
pursuant to section 3.8(a) of the Lawrence City Charter.
Doc. 125/13: Appropriation Transfer – From: Fire Department Salaries and Wages
– [Permanent] to Motor Vehicle – [$77,487.00] –Mark J. Ianello, Finance
Council President Moran brought the above matter to the attention of the Council
Members as appearing on the Agenda and referred the item for further proceedings
before the Budget and Finance Committee.
Doc. 125/13: Ref. to Budget & Finance Cmt.
IX. COMMITTEE REPORTS:
Doc. 66/13: Handicapped Parking – 7 Wilmot Street – Francisca Ramirez – Counc.
Reyes – Ord. Cmt. & Public Hearing ordered
present [9-0].
189
Doc. 92/13: Iglesia Defensores En Cristo – Request permission to use the William
Kennedy Park (Daisy Street/Playground Area) on Saturday, July 6, 2013 from 3 pm
to 6 pm for a Christian Event – Pastor Miguel Alicea – Ord. Cmt. – Approved
Doc. 93/13: Iglesia Defensores En Cristo – Request
permission to use the Sullivan Park (Osgood Street and North Parish Road) on
Saturday, July 20 & September 14, 2013 from 3 pm to 6 pm for Christian Events
Pastor Miguel Alicea – Ord. Cmt. - Approved
Doc. 94/13: Iglesia Defensores En Cristo – Request permission to use the West
Street Park (Playground Area) on Saturday, August 3, 2013 from 3 pm to 6 pm for a
Christian Event – Pastor Miguel Alicea – Ord. Cmt. - Approved
Doc. 95/13: Iglesia Defensores En Cristo – Request permission to use the
Campagnone Common Park (Playground area or open Field near Garden &
Common Sts. on Saturday, June 22, 2013 from 3 pm to 6 pm for a Christian EventPastor Miguel Alicea Ord. Cmt. - Approved
Doc. 96/13: Iglesia Defensores En Cristo – Request permission to use the Storrow
Park (High Street/Playground Area) on Saturday,August 31, 2013 from 3 pm to 6
pm for a Christian Event – Pastor Miguel Alicea – Ord. Cmt. - Approved
Doc. 97/13: Iglesia Defensores en Cristo – Request permission to use the Cronin
Playground Park (Juniper Street) on Saturday, June 8, August 17, & September 28,
2013 from 3 pm to 6 pm for Christian Events – Pastor Miguel Alicea –
Upon being recognized, Councilor Bernal presented a motion to consider the
above six petitions as a “block”. The motion was seconded by Councilor Almonte and
unanimously approved to be considered as a “block” [9-0].
Councilor Bernal further presented the report of the Ordinance Committee
recommending the approval of the above six items. The report was presented in the form
of a motion to approve the six items presented which was seconded by Councilor
Almonte.
190
Upon no further inquiry, comment or discussion offered by the Council Members
present, the Council Members unanimously approved [9-0] the six items presented.
Doc. 92/13:
Doc. 93/13:
Doc. 94/13:
Doc. 95/13:
Doc. 96/13:
Doc. 97/13:
Approved
Approved
Approved
Approved
Approved
Approved
X. WITHDRAWALS: - None
XI. OLD BUSINESS:
Doc. 306/05: Surplus Property – 26-30 Milford St. (Tax Map 88, Lot 57) – Proposed
Re-Sale–Richard Burke, Planning Department – Ref. to Housing Committee
Doc. 74/09: Surplus Property – 132 Union Street (Tax Map #88, Lot 28) – Proposed
Disposition-Richard Burke, Planning Department – Ref. to Housing Cmt.
Doc. 76/09: Surplus Property–154-156 Union Street–(Tax Map #88, Lot 49)–
Proposed Disposition-Richard Burke, Planning Department – Ref. to Housing Cmt.
Doc. 185/10: Surplus Property - Riverside Drive. (Tax Map # 225, Lot 92). This
lot is approximately 5,252 square feet, consists of a
paved parking lot and located in a (R-2) Residential Zoning District–
previously withdrawn-Proposed Disposition-Richard Burke, Planning Department –
Doc. 189/09: Surplus Property – 246 Lawrence St. – (Tax Map #150, Lot 74) –
Proposed Disposition-Richard Burke, Planning Department – Ref. to Housing Cmt.
Doc. 188/10: Surplus Property -77 Spruce Street. (Tax Map # 171, Lot 13). This lot
is approximately 3,200 square feet, consists of vacant
land and located in a (R-3/R-4) Residential Zoning District-Proposed Disposition–
Richard Burke, Planning Department – Ref. to Housing Cmt.
Doc. 189/10: Surplus Property - 79-81 Spruce Street. (Tax Map # 171, Lot 12).
This lot is approximately 3,150 square feet, consists of vacant land and located in a
(R-3/R-4) Residential Zoning District–Proposed Disposition-Richard Burke,
Planning Dept. – Ref. to Housing Cmt.
191
Doc. 192/10: Surplus Property - Thornton Street. (Tax Map # 53, Lot 7). This lot is
approximately 4,000 square feet, consists of vacant land and located in a (R-1)
Residential Zoning District – Proposed Disposition-Richard Burke, Planning
Department – Ref. to Housing Cmt.
Doc. 199/10: Surplus Property -132 Union Street. (Tax Map # 88, Lot 28). This lot
is approximately 3,808 square feet, consists of vacant land and located in a ((B-2)
Commercial Zoning District – Proposed Disposition – Richard Burke, Planning
Department – Ref. to Housing Cmt.
consider the above nine petitions as a “block”. The motion was seconded by Councilor
Bernal and unanimously approved to be considered as a “block” [9-0].
Council President Moran called the above nine items to the attention of the
Council Members and referred each item to the Housing Committee for further
proceedings.
Doc. 306/05: Ref. to Housing Committee
Doc. 55/12: Appropriation – Re-purposed the balance of $802,107.14 Water
Retained Earnings – Water/Sewer Expenditures [$1,390,498.00] Sewer
Repairs – John R. Isensee, Acting Director of Public Works –
192
Council President Moran brought the above item to the attention of the Council
Members and referred the item to the Budget and Finance Committee for further
proceedings.
and Regulation – Council Pres. Moran – Further
Amendment and Public Hearing ordered
Council President Moran brought the above measure to the attention of the
Council Members explaining that the City Attorney recommends suspending the Rules of
the City Council and to take item as an emergency measure in order to enter an order for
a public hearing. He stated further that the proposed amendment to the ordinance drafted
by the City Attorney is intended to assist the Lawrence Police with enforcement of its
provisions and the amendment requires a public hearing.
Upon being recognized, Councilor Aquino presented a motion to suspend the
Rules of the City Council, declare the item and emergency measure, and to enter an order
for a public hearing as recommended by the City Attorney. The motion was seconded by
Councilor Reyes and unanimously [9-0] approved by the Council Members present.
Doc. 292/12: Emergency Declared/Public Hearing ordered
139/11
188/11
Council Pres. Moran
193
148/11
219/11
39/10
89/12
291/05
85/12
201B/12
278/12
284/12
302/08
248/12
Ord. Cmt.
Ord. Cmt.
Director -Hous. Cmt. 124/12 FY 2011 City of Lawrence Audit Reports –
Issued by Powers and Sullivan [Report on Examination of Basic Financial
Statements, Reports on Federal Award Programs, Management Letter,
Report on compliance – School End of Year Financial Report] – Council
Pres. Moran
Moran
Public Hearing
XIII. NEW BUSINESS:
102/13
103/13
Iglesia Monte de Oración – Request permission to use the O’Connell Park
[South Common Park] to hold a Religious Event on June 8th, 2013 from 3
pm to 6 pm – Edwin Arman, Evangelist – Ref. to Ord. Cmt.
Iglesia Monte de Oración – Request permission to use the Cronin Park to
hold a Religious Event on June 22nd, 2013 from 3 pm to 6 pm – Edwin
Arman, Evangelist – Ref. to Ord. Cmt.
194
104/13
105/13
106/13
107/13
108/13
109/13
110/13
111/13
112/13
113/13
114/13
115/13
116/13
117/13
118/13
119/13
Iglesia Monte de Oración – Request permission to use the Sullivan Park to
hold a Religious Event on July 6th, 2013 from 3 pm to 6 pm – Edwin
Arman, Evangelitst – Ref. to Ord. Cmt.
Iglesia Monte de Oración – Request permission to use the Kennedy Park
to hold a Religious Event on July 20th, 2013 from 3 pm to 6 pm – Edwin
Iglesia Monte de Oración – Request permission to use the Cronin Park to
hold a Religious Event on August 3rd, 2013 from 3 pm to 6 pm – Edwin
Old Gold Dealer License – Idalia Flores – 9 Broadway, Lawrence, MA –
Ref. to Ord. Cmt.
Assembly of Christian Church – Request permission to use the
Campagnone Common Park to hold an Evangelist Service on July 6th,
2013 from 2 pm to 5 pm – Pastor Juan R. Perez-Ref. to Ord. Cmt.
Assembly of Christian Church – Request permission to use the
Campagnone Common Park to hold an Evangelist Service on August 10th,
2013 from 2 pm to 5 pm –Pastor Juan R. Perez-Ref. to Ord. Cmt.
Ministerio El Manto de Jesús – Request permission to use the
Campagnone Common Park to hold a Religious Event on July 27th,
August 24th and September 7th, 2013 from 2 pm to 6 pm – Pastor Jose
Sálinas – Ref. to Ord. Cmt.
Parking – 54 Union Street – two [20] minute spaces – Counc. Reyes- Ref.
to Ord. Cmt.
Medallions and Licenses for cabs – Counc. Laplante-Ref. to Ord. Cmt.
Transient Vendor License - 490 Hampshire Street – Angel Almonte-Ref.
to Ord. Cmt.
City Crime Statistics/Report Map – implementation – Councs. Vasquez,
Reyes and Aquino – Ref. to Ord. Cmt.
Old Gold Dealer License – 442 Essex Street – Belkis Oslan-Ref. to Ord.
Cmt.
Neighborhood Block Party – intersection of Essex and Nesmith Streets –
Saturday, June 22, 2013 from 10:30 am to 2:30 pm-Maggie Super Church
Handicapped Parking – 112 Springfield Street – Onier García- Ref. to
Ord. Cmt.
Big City - Request permission to use the Pemberton Park to broadcast an
event for car and sound enthusiasts on May 19th, 2013 and every other
Sunday through September 22, 2013 from 1 pm to 8 pm – Marino
Almonte – Ref. to Ord. Cmt.
Merrimack Valley Habitat for Humanity and YMCA – Request
permission to use the Campagnone Common Park for the Brickman
Triathlon on Sunday, September 29th, 2013 from 6 am to 1 pm – Gerard
Pouliot – Ref. to Ord. Cmt.
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121/13
122/13
123/13
124/13
127/13
128/13
129/13
130/13
131/13
Phantom Knights – Request permission to use the Pemberton Park for
their 1st Annual Bike and Car Wash to benefit Diabetes Awareness on July
27, 2013 from 11 am to 6 pm – Luis Rios – Ref. to Ord. Cmt.
Review and Acceptance of Grant awarded to the City of Lawrence
Community Development Department – Mass Development Site
Remediation – [$135,015.00] – James H. Barnes, Community
Development Director – Ref. to Budget & Finance Cmt.
Transient Vendor License – 89 Saratoga Street – Antonio Parra –
Ref. to Ord. Cmt.
Community Choice Aggregate Program – Mayor William Lantigua – Ref.
to Budget & Finance Cmt.
Handicapped Parking – 12 Boston Street [Fernando Mercedes] – Counc.
Vasquez – Ref. to Ord. Cmt.
Transient Vendor License – 73 May Street – Carmen M. Baez – Ref. to
Ord. Cmt.
Concord Street – onto Broadway [right turn only] – Counc. Almonte –
Ref. to Ord. Cmt.
Local Musician Support Ordinance – Counc. Rivera – Ref. to Ord. Cmt.
Bowdoin/South Bowdoin – WWII GI Home Historical Marker and
Historical recognition – Counc. Rivera – Ref. to Ord. Cmt.
Doc. 132/13: Handicapped Parking – 8 West Kenneth Street
[Joseph Quartarone]–Counc. Bernal- Ref. to Ord. Cmt.
Council President Moran introduced the above measure informing the Council
Members that the matter is being presented at the request of Councilor Bernal on behalf
of former Council President Joseph Quartarone.
suspend the Rules of the City Council and declare the measure an emergency for the
purpose adding the item to the Council Agenda. The motion was seconded by Councilor
Almonte and unanimously [9-0] approved by the Council Members present.
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Council President Moran then referred the measure to the Ordinance Committee
for further proceedings.
XIV. ADJOURNMENT:
ADJOURNED
(08:35p.m.)
Attest:
William J. Maloney
City Clerk
197
A SPECIAL MEETING of the City Council was held on Tuesday, May 14,
2013 at 6: 15 p.m. in the City Council Chamber with all Members present except
Councilor Almonte and Councilor Aquino.
Approximately eight [8] persons were present.
I. ACCEPTANCE OF MINUTES: - None
II._PUBLIC PARTICIPATION: - None
III. PUBLIC HEARINGS: - None
V. APPROPRIATIONS-ORDERS-RESOLUTION: - None
VIII. OLD BUSINESS:
Guilmette School-[$2,500,000.00 prior amount approved]- Amend Guilmette
School Bond Authorization [From 2,500,000.00 to 3,500,000.00]Mayor Lantigua
Council President Moran introduced the item and invited Economic Development
Director Patrick Blanchette to address the Council regarding the request to amend the
Bond Authorization that had been approved on April 2, 2013 in the amount of
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2,500,000.00.
Economic Development Director Patrick Blanchette informed the Council
Members that the City of Lawrence requested construction bids to repair the Guilmette
School building and that only one bid was received for the project in an amount of
3,300,000.00 exceeding the previously approved bond authorized by the City Council in
the amount of 2,500,000.00.
Upon being recognized, Council Vice President Rivera asked about the reappearance of mold in the school building and inquired as to whether or not the repair
work would be in addition to any work needed to remediate the mold problem.
Additional questions were posed to School Department Building Maintenance and
Facilities Supervisor Christopher Merlino about recent testing conducted to determine if
mold was present in the building. Mr. Merlino informed the Council that recent testing
was conducted in response to health complaints received. He stated that the presence of
mold reading obtained were higher than expected prompting the school to provide
cleaning remediation of the area where the readings were highest. He stated further that
testing was conducted after the remediation effort and those results are expected within
about one week. Further questions and inquiry by Council Vice President Rivera were
made of Finance Director Ianello pertaining to bid specifications and the term of the
contract particularly as to the time frame for performance of the repair work. A
discussion ensued between Council Vice President Rivera and Finance Director Mark
Ianello as to the cost and expense of repair work completed in a short six to eight week
199
period in comparison with the cost and expense of completing the work over a longer
period of time. The discussion involved inquiry as to which would more effectively
result in better work being performed and better results of the work expected. Upon
continued inquiry by Council Vice President Rivera, City Attorney Charles Boddy
discussed and explained the status of litigation efforts to recover losses and expenses
attributable to the poor quality of the construction of the school building.
Upon being recognized, Councilor Laplante posed questions to Finance Director
Mark Ianello regarding the additional one million dollars requested for the amended bond
authorization and whether or not it will impact City services to the public. Director
Ianello explained that a bond authorization will not likely have direct effect on the City
budget. A discussion ensued between Councilor Laplante and Director Ianello regarding
the mold contamination and health issues at the Guilmette School.
Upon being recognized, Councilor Vasquez posed questions to Finance Director
Ianello and Economic Development Director Blanchette who explained the reasons for
presenting the request to amend the bond authorization in the amount of one million
dollars.
Upon being recognized, Councilor Twomey inquired of Director Ianello about the
number of bids received (1) in relation to the number of bid packages distributed (35).
Upon further inquiry, City Attorney Boddy explained that few bids may have been
received due to the litigious nature of case necessitating repairs and that the sole bid
submitted would have to either be approved or otherwise rejected and the entire contract
200
which would require a new bid process.
Council President Moran commented that when work is done is should be done
correctly from the beginning. Finance Director Ianello suggested that the request for
bond authorization is being presented for the first time and that nothing has been
presented in regard to the necessary construction repairs discovered about three years
ago.
Upon being recognized, Council Vice President Rivera expressed concern about
the bid received. Attorney Boddy responded by commenting that he is aware of the
concerns of the City Council Members to improve the quality of services secured by
contracts and the need to improve oversight during execution of work subject to contract
provisions. Council President Moran asked about oversight to be provided if the contract
for the repairs is approved which Counsel to the project stated would be provided by an
on-sight clerk of the works and additionally by the Public Works Department.
Upon no further comment, discussion or inquiry, Council President Moran called
the matter presented to the attention of the Council Members present.
suspend the Rules of the City Council and declare the item an emergency measure for
immediate consideration of the Council Members. The motion was seconded by
Councilor Twomey and unanimously approved [7-0] by the Council Members present.
Upon being recognized, Councilor Twomey presented a motion that the Bond
Authorization approved by the City Council on April 2, 2013 in the amount of
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2,500,000.00 be amended to provide for Bond Authorization in the amount of
3,500,000.00. The motion was seconded by Councilor Reyes and approved by vote of
the Council Members as follows: Yes-6; No-1; Absent-2
Councilor Oneida Aquino – Absent
Upon being recognized, Councilor Twomey presented a motion to approve the
portion of the requested amendment to allow the Finance Director to refund bonds as may
be necessary. The motion was seconded by Councilor Reyes. A discussion ensued among
the Council Members, Director Ianello, and City Attorney Boddy regarding the
authorization to “refund” the bonds explaining that the term grants the Finance Director
with specific authorization to “refinance” the bond rate if a more favorable bond rate
become available at any time.
Upon conclusion of the discussion, the Council Members present voted
unanimously [7-0] to approve granting the Finance Director the authorization to refund
bonds as may be necessary.
Upon being recognized, Council Vice President Rivera presented a motion to send
the City Attorney a letter to be present before Council at its meeting on the second
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Tuesday in August 2013 to review Doc. 55/13. The motion was seconded by Councilor
Vasquez and unanimously approved by the Council Members present [7-0].
IX. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
85/12
201B/12
278/12
284/12
302/08
248/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Director -Hous. Cmt. 124/12 FY 2011 City of Lawrence Audit Reports –
Issued by Powers and Sullivan [Report on Examination of Basic Financial
Statements, Reports on Federal Award Programs, Management Letter,
Report on compliance – School End of Year Financial Report] – Council
Pres. Moran
Moran
Public Hearing
203
X. NEW BUSINESS: - None
XI. ADJOURNMENT:
Reyes, the Council Members present voted unanimously to Adjourn.
ADJOURNED
(07:13p.m.)
Attest:
William J. Maloney
City Clerk
204
A REGULAR MEETING of the City Council was held on Tuesday, May 21,
Councilor Laplante and Councilor Almonte.
Approximately Thirty [30] persons were present.
of City Council Meetings conducted May 7, 2013 were submitted by the City Clerk for
Upon the motion of Councilor Twomey to accept the minutes as presented duly
accept the minutes.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke of the 2013 Municipal
Election in support of Police Union and LPD. He urged Council to change the FY 2013
Budget amounts allocated to public safety or Public Works. He spoke in support of the
205
Firefighters contract, Lawrence School Department Receiver Jeff Riley, and Lawrence
School Department Teachers in support of the proposed contract.
Michelle Paletta, 198 Essex Street, Lawrence, MA spoke in support of
establishing an American with Disabilities Act Commission [hereinafter: ADA] which
will aide people with handicaps obtain access to public buildings and other matters. She
stated that Mayor Lantigua’s refusal to appoint a handicapped person to the Commission
should not be unnoticed and also discussed matters relating to ADA building
requirements which the City of Lawrence is not in complete compliance.
Dick Blatchford, 3 Harrison Street, Lawrence, MA discussed the approval of
assault weapons for the Lawrence Police Department. He suggested lowering the Police
Department budget by the amount being paid to suspended/indicted police officers. Mr.
Blatchford discussed the Financial Overseer and School Receiver positions. He stated
City and State Public Officials should support indictment of Mayor Lantigua.
III. COMMITTEE REPORTS:
Doc. 199/10: Disposition-130-132 Union Street (Tax Map 88, Lot 28)-Lot is
approximately 3,808 sq. ft., of vacant land in a (B-2)Commercial Zoning District–
Proposed Disposition to Lawrence Community Works [combined sale price of
30,000.00 with Doc. 74/09] with conditions-Richard Burke, Planning DepartmentHous. Cmt. - Approved
Council Vice President Rivera presented a motion to take document 199/10 &
74/09 out of the order appearing on the agenda and in block. The motion was seconded
by Councilor Twomey and unanimously approved by the Council Members present [7-0].
206
of the Housing Committee to receive the report from the Housing Committee. The
motion was seconded by Council Vice President Rivera and unanimously [7-0] approved
by the Council Members present.
Councilor Bernal presented the report of the Housing Committee to approve the
disposition of City owned property located at 130-132 Union Street (Tax Map 88, Lot 28)
by transfer of title to Lawrence Community Works in the amount of $30,000.00 with
restrictions and conditions. The report was presented in the form of a motion to approve
the transfer, and seconded by Council Vice President Rivera. Councilor Bernal further
amended her motion to strike the recommended merger of the two documents stating that
the purchase price to be paid for the property subject to sale through Doc. 199/10 be
combined to also apply to purchase the property subject sale through Doc. 74/09 so that
the same bidder receives both parcels upon payment of one sale price of 30,000.00.
Upon no further discussion the Council Members present voted unanimously
[7-0] to approve the sale of the above real property to Lawrence Community Works with
restrictions upon payment of $30,000.00.
Doc. 74/09: Disposition–128 Union Street (Tax Map 88, Lot 27)–Lot is
approximately 4,842 sq. ft. of vacant land in a (B-2) Commercial Zoning DistrictProposed Disposition to Lawrence Community Works [combined sale price of
30,000.00 with Doc. 199/10] with conditions- Richard Burke, Planning DepartmentHous. Cmt. - Approved
of the Housing Committee to approve the disposition of City owned property located at
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128 Union Street (Tax Map 88, Lot 27) by transfer of title to Lawrence Community
Works with restrictions and conditions. Councilor Bernal stated that the proposed sale of
the real property subject to Doc. 74/09 is presented with any recommended merger with
Doc. 199/10 be stricken from the report and that the purchase price to be paid for the
property subject to sale through Doc. 74/09 be combined to apply to purchase the
property subject sale through Doc. 199/10 so that the same bidder receives both parcels
upon payment of one sale price of 30,000.00. The report was presented in the form of a
motion to approve the transfer and seconded by Councilor Reyes.
Upon being granted the floor, Councilor Twomey discussed the proposal
submitted and discussion ensued with Councilor Bernal regarding the reason for not
considering selection of other bidders.
[7-0] to approve the disposition as presented in the motion for approval.
IV. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 135/13: Resolution – Captain James Mulligan – Counc. Twomey - Presented
Councilor Vasquez presented a motion to take document 135/13 out of the order
Upon the invitation of Council President Moran, Councilor Twomey presented
the Resolution.
208
Kathleen Mulligan, Steven Mulligan and Charlene Chagnon thanked the Council
Members for the recognition stating that her Uncle was proud to be from Lawrence and
would have been present if possible.
Doc. 306/05: Disposition – 26-30 Milford St. (Tax Map 88, Lot 57)–Proposed Sale to
Lawrence Community Works [$50,000.00]-Richard Burke, Planning Department Hous. Cmt. – Approved
the order appearing on the agenda. The motion was seconded by Councilor Reyes and
of the Housing Committee to approve the disposition of City owned property located at
26-30 Milford Street (Tax Map 88, Lot 57) by transfer of title to Lawrence Community
Works in the amount of $50,000.00. The report was presented in the form of a motion to
approve the transfer.
Council Members that the real property was previously approved for sale on May 3,
2011.
Council President Moran asked Planning Department Acquisition Specialist
Richard Burke if a deed was issued and recorded upon the prior authorization to sell. Mr.
Burke informed the Council Members that a deed has not been issued and the successful
209
bidder failed to follow through with the purchase and sale terms. He stated further that
the City Attorney recommends the Council rescind the award of May 3, 2011 and
proceed as it may wish with further disposition of the property.
Upon being granted the floor, Councilor Bernal presented a motion to rescind the
vote taken on May 3, 2011. The motion was seconded by Councilor Reyes and
Upon being granted the floor, Council Vice President Rivera seconded Councilor
Bernal’s motion to approve the disposition of City owned property located at 26-30
Milford Street (Tax Map 88, Lot 57) with restrictions, by transfer of title to Lawrence
Community Works in the amount of $50,000.00.
A discussion ensued between Councilor Twomey and Councilor Bernal regarding
the proposed construction plans considered by the Housing Committee. Councilor
Twomey posed questions to Mr. Burke regarding the completed proposal submitted.
Upon no further discussion, the Council Members present voted as follows to
approve the disposition of the real property as follows: Yes-6; No-1; Absent - 2
Councilor Vasquez - Yes
Councilor Laplante - Absent
Councilor Twomey - No
Councilor Reyes - Yes
Councilor Aquino - Yes
210
and Regulation – Council Pres. Moran – Public Hearing held –
Council Members.
Attorney Peter Caruso, appearing as Counsel to the Andover Cab Company,
discussed recent seizures of cabs and citations issued to the owners that have occurred as
a result of the City Ordinance terms as it presently exists. He stated that 24 cab drivers
operating for the Andover Cab Company have received citations based on this ordinance.
Attorney Caruso also stated that the City of Lawrence should raise the number of taxi
medallions issued from its current 150 medallions.
Upon being granted the floor, Councilor Bernal stated the issue presented is the
operation of taxi owners/operators from other Cities and Towns soliciting fares and
picking up “flag fares” in the City of Lawrence without being licensed in by the
Lawrence Hackney Division of the Lawrence Police Department.
Lt. Sean Conway, Supervisor of the Lawrence Police Hackney Division,
commented that any complaints concerning the manner which Lawrence Police Officers
may effectuate a “taxi stop” and the resulting action taken should be pursued through a
211
formal complaint against any specific officer which will be investigated by the Internal
Affairs Department of the Lawrence Police Department. He informed the Council
Members that be believes the current 150 medallions available are sufficient to meet the
commercial and public demand and should not be changed.
Council President Moran that it may be necessary to cap the number of taxi
licenses issued overall as well as other licenses. A discussion ensued between Council
President Moran and Lt. Conway regarding issuance of medallions.
Kathy Runge, 32 Dracut Street, Lawrence, MA stated that cab drivers in
Lawrence may be picking up fares outside of Lawrence which could create a territorial
war with neighboring Cities.
the item presented which was seconded by Councilor Aquino.
Upon being granted the floor, Councilor Twomey clarified that the proposed
amendment is to add a specific “towing” provision to the existing ordinance.
Upon being granted the floor, Councilor Vasquez stated he supports the proposed
amendment. He discussed the necessity of providing opportunity to the cab owners in
work for cab owners in the City of Lawrence.
Upon being granted the floor, Councilor Bernal stated that other taxi and livery
212
companies from outside the City of Lawrence have also been found to operate in the City
of Lawrence and cited accordingly. She stated that it is not just the Andover Cab
Company that is being subject to the penalties of the ordinance. She stated that the
proposed amendment to the ordinance clarifies seizing vehicles by towing.
Council President Moran stated he sponsored the original ordinance with the
intention of protecting the livelihood of taxi owners and operators in the City of
Lawrence.
Upon being granted the floor, Councilor Bernal presented an amendment to the
motion to approve by replacing the term “and/or” for “and” appearing in the amended
sentence. Councilor Vasquez, the author of the motion to approve the measure, accepted
the amendment presented by Councilor Bernal.
Upon no further comment, inquiry or discussion offered by the Council Members
present, Council President Moran closed the discussion portion of the hearing and called
Upon the motion to approve the measure as amended, the Council Members
present voted unanimously [7-0] to approve the measure.
Upon being recognized, Councilor Twomey presented a motion to waive any
applicable 30 days waiting period as may be required pursuant to section 3.8(a) of The
Lawrence City Charter which was duly seconded by Council Vice President Rivera and
unanimously approved by the Council Members Present [7-0].
213
Doc. 66/13: Handicapped Parking – 7 Wilmot Street – Francisca Ramirez – Public
Hearing held – Approved/30 days waived
Council Members.
Upon a motion to approve the measure presented by Councilor Bernal, as
seconded by Councilor Vasquez, the Council Members present voted unanimously [7-0]
to approve the measure as presented.
Upon being recognized, Councilor Reyes presented a motion to waive any
applicable 30 day waiting period that may be required pursuant to section 3.8(a) of The
Lawrence City Charter. The motion was seconded by Councilor Aquino and unanimously
approved by the Council Members Present [7-0].
VII: Communication from Mayor, City Officials & City Attorney: - None
214
VIII. APPROPRIATIONS-ORDERS-RESOLUTION: Doc. 55/12: Appropriation – Re-proposed the balance of $802,107.14 -Retained
earnings – water/sewer expenditures – [$1,390,498.00] – Sewer Repairs Mark J. Ianello, Finance Director –Budget and Finance Cmt. – Approved
presented the report of the Budget & Finance Committee to approve the item presented.
The report was presented in the form of a motion to approve the item which was
present [7-0].
Doc. 125/13: Appropriation Transfer – From: Fire Department Salaries and Wages
– [Permanent] to Motor Vehicle – [$77,487.00] –Mark J. Ianello, Finance Director –
Budget and Finance Cmt. & Public Hearing Ordered
presented the report of the Budget & Finance Committee to receive the report of the
Budget & Finance Committee. The motion was seconded by Councilor Vasquez and
Upon being granted the floor, Councilor Vasquez presented a motion to order a
public hearing on the measure presented, which was seconded by Councilor Aquino.
Upon being granted the floor, Council Vice President Rivera explained his reason
for opposing the measure.
voted to order a public hearing on the item as follows: Yes-6; No-1; Absent – 2
215
Doc. 48/13: Handicapped Parking – 15 Eutaw Street – Iris Then –
Ord. Cmt. - Tabled
of the Ordinance Committee in the form of a motion to order a public hearing on the
measure presented.
Upon being granted the floor, Councilor Reyes stated the applicant wishes to table
the item.
Councilor Bernal withdrew her motion to approve the measure and presented a
motion to “table” the item. The motion was seconded by Council Vice President Rivera
Doc. 48/13: Tabled
Doc. 90/13: Transient Vendor License – Francisca Medina –
175 Haverhill Street – Ord. Cmt. – Approved
of the Ordinance Committee to approve the petition as presented. The report was
216
presented in the form of a motion to approve the item which was seconded by Councilor
Doc. 102/13: Iglesia Monte de Oración – Request permission to use the O’Connell
Park [South Common Park] to hold a Religious Event on June 8th, 2013 from 3 pm
to 6 pm – Edwin Arman, Evangelist – Ord. Cmt. - Approved
Doc. 103/13: Iglesia Monte de Oración – Request permission to use the Cronin Park
to hold a Religious Event on June 22nd, 2013 from 3 pm to 6 pm – Edwin
Arman, Evangelist – Ord. Cmt. – Approved
Doc. 104/13: Iglesia Monte de Oración – Request permission to use the Sullivan
Park to hold a Religious Event on July 6th, 2013 from 3 pm to 6 pm – Edwin
Doc. 105/13: Iglesia Monte de Oración – Request permission to use the Kennedy
Park to hold a Religious Event on July 20th, 2013 from 3 pm to 6 pm –
Edwin Arman, Evangelist – Ord. Cmt. – Approved
Doc. 106/13: Iglesia Monte de Oración – Request permission to use the Cronin Park
to hold a Religious Event on August 3rd, 2013 from 3 pm to 6 pm – Edwin
above referenced petitions as a “block”. The motion was seconded by Councilor Reyes
and unanimously approved [7-0].
approved all five items. The report was presented in the form of a motion to approve
which was seconded by Councilor Vasquez and unanimously approved by the Council
217
Doc. 91/13: Lawrence High School Campus Scholarship Check – Marjorie
Haggerty, Assistant Principal –Budget and Finance Cmt. - Approved
the order appearing on the agenda. The motion was seconded by Councilor Vasquez and
the item as presented. The report was presented in the form of a motion to approve which
was seconded by Councilor Twomey and unanimously [7-0] approved by the Council
Members present.
Doc. 107/13: Old Gold Dealer License – Idalia Flores – 9 Broadway,
Lawrence, MA – Ord. Cmt. – Approved
Aquino and unanimously [7-0] approved by the Council Members present.
Doc. 108/13: Assembly of Christian Church – Request permission to use the
Campagnone Common Park to hold an Evangelist Service on July 6th, 2013
from 2 pm to 5 pm – Pastor Juan R. Perez – Ord. Cmt. – Approved
218
Doc. 109/13: Assembly of Christian Church – Request permission to use the
Campagnone Common Park to hold an Evangelist Service on August 10th,
2013 from 2 pm to 5 pm –Pastor Juan R. Perez – Ord. Cmt. – Approved
above referenced items as a “block”. The motion was seconded by Councilor Reyes and
unanimously approved to be considered as a “block” [7-0].
above referenced petitions as a “block”. The motion was seconded by Councilor Reyes
and unanimously approved [7-0].
approved all five items. The report was presented in the form of a motion to approve
which was seconded by Councilor Aquino and unanimously approved by the Council
Doc. 110/13: Ministerio El Manto de Jesús – Request permission to use the
Campagnone Common Park to hold a Religious Event on July 27th, August
24th and September 7th, 2013 from 2 pm to 6 pm – Pastor Jose Sálinas - Ord.
Cmt. – Approved
of the Ordinance Committee to approve Ministerio El Manto de Jesús – Request
permission to use the Campagnone Common Park to hold a Religious Event on July 27th,
August 24th and September 7th, 2013 from 2 pm to 6 pm – Pastor Jose Sálinas. The
report was presented in the form of a motion to approve which was seconded by
219
Doc. 113/13: Transient Vendor License - 490 Hampshire Street – Angel Almonte –
Vasquez.
Upon being granted the floor, Councilor Vasquez presented a motion to amend
the hours of operation to be from 12:00 p.m. to 6:00 p.m. Councilor Bernal stated that
she accepts the amendment presented by Councilor Vasquez.
[6-0] to approve the measure. [Councilor Reyes being absent from the Council Chamber
at the time the vote was recorded].
Doc. 115/13: Old Gold Dealer License – 442 Essex Street – Belkis Oslan –
of the Ordinance Committee to the petition as presented The report was presented in the
form of a motion to approve the item which was seconded by Councilor Aquino and
unanimously [6-0] approved by the Council Members present[Councilor Reyes being
220
Doc. 116/13: Neighborhood Block Party – intersection of Essex and Nesmith Streets
– Saturday, June 22, 2013 from 10:30 am to 2:30 pmMaggie Super Church – Ord. Cmt. – Approved
presented in the form of a motion to approve which was seconded by Council Vice
Doc. 118/13: Big City - Request permission to use the Pemberton Park to broadcast
an event for car and sound enthusiasts on May 19th, 2013 and every other Sunday
through September 22, 2013 from 1 pm to 8 pm – Marino Almonte – Ord. Cmt. –
Withdrawn
of the Ordinance Committee and moved to withdraw the above item. The motion was
seconded by Councilor Twomey and the Council Members present voted unanimously
[7-0] to withdraw the item from the Council Agenda.
Doc. 119/13: Merrimack Valley Habitat for Humanity and YMCA – Request
permission to use the Campagnone Common Park for the Brickman Triathlon on
Sunday, September 29th, 2013 from 6 am to 1 pm – Gerard Pouliot – Ord. Cmt. –
Approved
221
Reyes and unanimously [7-0] approved by the Council Members present.
Doc. 121/13: Phantom Knights – Request permission to use the Pemberton Park for
their 1st Annual Bike and Car Wash to benefit Diabetes Awareness on July 27, 2013
from 11 am to 6 pm [amended to be from 8:00 a.m. to 6:30 p.m. – Luis Rios – Ord.
Cmt. – Approved
of the Ordinance Committee to approve the petition moving further to amend the hours of
use to be from 8:00 a.m. to 6:30 p.m. The report was presented in the form of a motion to
approve the item which was seconded by Councilor Twomey and unanimously [7-0]
approved by the Council Members present.
Doc. 123/13: Transient Vendor License – 89 Saratoga Street – Antonio Parra –
of the Ordinance Committee to approve the petition moving further to amend the hours of
the license use to be from 11:00 am to 6:00 p.m. 7 days a week. The report was
presented in the form of a motion to approve which was seconded by Councilor Vasquez
Doc. 128/13: Transient Vendor License – 73 May Street – Carmen M. Baez – Ord.
Cmt. – Approved
222
presented in the form of a motion to approve which was seconded by Council Vice
Doc. 132/13: Handicapped Parking–8 West Kenneth Street [Joseph Quartarone]–
Counc. Bernal–Ord. Cmt. & Public Hearing ordered
present [7-0].
[8:55 p.m. Councilor Twomey presented a motion to recess the Council
proceedings for 3 minutes which was seconded by Councilor Aquino and
unanimously approved by the Council Members present]
[9:05 p.m. Councilor Vasquez presented a motion to resume proceeding
which was seconded by Councilor Aquino and unanimously approved by the
Council Members present]
Doc. 122/13: Review and Acceptance of Grant awarded to the City of Lawrence
Community Development Department – Mass Development Site Remediation –
[$135,015.00] – James H. Barnes, Community Development Director –
Budget and Finance Cmt. –Approved
presented the report of the Budget & Finance Committee to approve the item as
223
was seconded by Councilor Aquino and unanimously approved [6-0] by the Council
Members present. [Councilor Twomey being absent from the Council Chamber at the
Doc. 76/09: Disposition – 154-156 Union Street (Tax Map 88, Lot 49)–Proposed Sale
to Frank Giles for [$20,000.00] -Richard Burke, Planning Department – Housing
Committee - Approved
of the Housing Committee to approve transfer of title to the real property located at 154156 Union Street (Tax Map 88, Lot 49) to Frank Giles upon payment of $20,000.00 with
conditions. The report was presented in the form of a motion to approve the proposed
sale of real property which was seconded by Councilor Reyes and unanimously approved
Doc. 189/09: Disposition – 246 Lawrence St. (Tax Map 150, Lot 74)–Lot
approximately 5,252 square feet consists of a paved parking lot
located in an (R-2) Residential Zoning District-Proposed Sale to Daniel Sheehy for
[$25,000.00] –Richard Burke, Planning Department - Hous. Cmt. – Approved
of the Housing Committee to approve the transfer of title to real property located at 246
Lawrence St. (Tax Map 150, Lot 74) to Daniel Sheehy upon payment of $25,000.00 with
conditions. The report was presented in the form of a motion to approve the sale of real
property which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Bernal stated that the location of the
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property is in a motor vehicle traffic area and the height of fence around the location
should not be more than about four feet. Mr. Sheehy informed the Council Members that
he plans upon installing a 2 or 3 foot guard rail.
Councilor Bernal presented an amendment to the main motion to add a condition
that limits the height of the fence to no more than four feet. Councilor Reyes agreed with
the amendment offered by Councilor Bernal.
Approved [7-0].
Doc. 185/10: Disposition - Riverside Drive (Tax Map 225, Lot 92). This lot is
approximately 5,252 square feet, consists of a paved parking lot and located in a (R2) Residential Zoning District–previously withdrawn-Proposed Sale to
Daher Group, Inc. [$12,000.00] - Richard Burke, Planning Department – Housing
Committee - Approved
of the Housing Committee to receive the report from the Housing Committee. The
present voted unanimously [7-0] to receive the report of the Housing Committee.
Councilor Bernal presented the report of the Housing Committee to approve the
disposition of City owned property located at Riverside Drive (Tax Map 225, Lot 92) by
transfer of title to Daher Group Inc., in the amount of $12,000.00 with conditions. The
225
report was presented in the form of a motion to approve the transfer which was seconded
by Council Vice President Rivera.
Upon being granted the floor, Councilor Bernal discussed the legislative history
of the property and prior proposal submitted.
Richard Burke, Real Property Acquisition Specialist from the Planning Department, and
Mr. Daher, the applicant, regarding the proposed development plan.
Upon a motion to approve the sale of real property presented, the Council
Members present voted unanimously [7-0] to approve the item as presented.
Doc. 192/10: Disposition - Thornton Street (Tax Map # 53, Lot 7)-Lot is
approximately 4,000 square feet, property consists of vacant and located in a (R-1)
Residential Zoning District–Proposed Sale to Daher Group, Inc. [21,000.00] Richard Burke, Planning Department – Hous. Cmt. - Approved
of the Housing Committee recommending the transfer of title to real property located at
Thornton Street (Tax Map 53, Lot 7) to Daher Group Inc. upon payment of $21,000.00
with conditions. The report was presented in the form of a motion to approve the item as
presented which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Twomey posed questions regarding the
selection of the successful bidder rather than the competing bidder [Habitat for
Humanity].
Council President Moran commented that delay in construction experienced with
226
Habitat for Humanity causes some concern.
Upon motion to approve the Council Members present voted unanimously [6-0]
to approve the sale of real property as presented [Council Vice President Rivera being
X. WITHDRAWALS:
188/10 Surplus Property -77 Spruce Street. (Tax Map 171, Lot 13)-Lot is
approximately 3,200 square feet of vacant land located in a (R-3/R-4) Residential
Zoning District-Proposed Disposition–Richard Burke, Planning Department – Ref.
to Housing Committee
Upon being recognized, Councilor Bernal moved to withdraw the above matter
from the City Council Agenda pending before the Housing Committee. The motion was
seconded by Councilor Reyes.
Council President Moran suggested striking the recommended merger cited in the
reports being generated by the Housing Committee and that the sale of the property might
benefit from further proceedings.
Upon being recognized, Councilor Bernal withdrew the motion for withdrawal.
Council President Moran then referred the item to the Housing Committee for
Doc. 188/10: Ref. to Housing
XI. OLD BUSINESS:
Doc. 178/12: Parking Enterprise Fund – Balance in the Parking Garage Special
Revenue shall be transferred to the Parking Garage Enterprise Fund –
[$348,201.15] – to be amended – Mark J. Ianello, Finance Director – Referred to
227
Council President Moran introduced the measure cited above and referred the
item for further proceedings before the Budget & Finance Committee.
Doc. 178/12: Ref. to Housing
139/11 Misuse of Funds – legal options – Comptroller David Camasso & City Attorney
Charles Boddy – presence requested – Counc. Maldonado
188/11 NECC’S Construction Site on Common Street – update and timeline – Council
Pres. Moran
148/11 Parking – Merrimack Street – alternate side parking – Coun. Laplante – Ord.
Cmt.
219/11 Fire Watch – Revision to City Ordinance 8.04.110 – Jack L. Bergeron, Fire Dept.
Acting Chief
39/10 Charter Review – Counc. Bernal
89/12 Transient Vendor License – Raymond Gonzalez – 104 Olive Avenue – Ord.
Cmt.
291/05 Disposition – 79A Brookfield Street – Richard Burke, Planning Dept. Director –
Hous. Cmt.
124/12 FY 2011 City of Lawrence Audit Reports – Issued by Powers and Sullivan
[Report on Examination of Basic Financial Statements, Reports on Federal Award
Programs, Management Letter, Report on compliance – School End of Year
Financial Report] – Council Pres. Moran
85/12 Permit Parking–street designated–Section 10.40.060–Trenton Street from
Lawrence Street to Park Street - all day 7 days a week - Council Vice Pres. Rivera
& Counc. Reyes - Public Hearing
201B/12 Oak St. – (One Hr. Parking – 7am to 7pm) - Sec. 10.36.010.245 – Counc. Reyes
- Ord. Cmt. & Public Hearing to be ordered
278/12 Tax Credit for Senior Volunteers-MGL C. 59, Sec. 5K-Updated requested of
Mark Ianello, Finance Director-Counc. Bernal
284/12 Building Permits – update and corrective action plan – Council Pres. Moran
302/08 Disposition – 74 Springfield Street – (Tax Map #102, Lot 59A) – [$3,573.00] –
The subject real estate has an area of approximately 3,573 square feet, consists of
vacant land, and is located in a (R-3/R-4) Residential Zoning District – Richard
Burke, Planning Dept. – Hous. Cmt.
248/12 Zoning Ordinance Amendment – Section 29-11 – Use Table- Automobile Sales –
Dan McCarthy, Land Use Planner- Ord. Cmt. & Planning Bd. – Public Hearing
228
XIII. NEW BUSINESS:
133/13
134/13
136/13
137/13
138/13
139/13
140/13
141/13
142/13
143/13
144/13
145/13
Transient Vendor License–Fernando Santiago–34 Greenwood Street,
Request to use the Campagnone Common Park from June 6th, 2013
through August 29th, 2013 –[every Thursday] excludes July 4th and the
Hispanic Week from 6 pm to 9 pm for an event named “Rumba en el
Parque [Dancing in the Park] – Maria Veronica Antich-Ref. to Ord. Cmt.
Handicapped Parking – Platt Street [at the intersection of Sargent Street] –
[Soledad Cordero] – Counc. Almonte – Ref. to Ord. Cmt.
Transient Vendor License- Ice Cream Sales from a Vehicle-Ricardo
Sequinot - 53 Stevens Avenue, Lawrence, MA – Ref. to Ord. Cmt.
Transient Vendor License – Antonio Javier – 154 Margin Street,
Review and Acceptance of Grants to the City of Lawrence Community
Development Department – Dana Farber Cancer Institute [$16,200.00]
and received Supplemental Funding [$6,500.00] for a Total of
[$22,700.00] – James H. Barnes, Community Development Director –
Transient Vendor License – Olga Jimenez – 43 Texas Ave., Lawrence,
MA – Ref. to Ord. Cmt.
Change of Poll Location – Guilmette School [District D-2] – William J.
Maloney, City Clerk – Tabled
Las Palmas Restaurant – Request permission to place 4 tables and chairs
in front of their business at 445 Essex Street from 3 pm to 1 am – Maria
Thomas, Owner – Ref. to Ord. Cmt.
Lawrence Firefighters Local 146 Agreement Approval per MGL Chapter
150 Section 7(B) – Mayor Lantigua – Ref. to Budget & Finance Cmt..
Flashing Lights – Essex and Ames Streets – Counc. Aquino – Ref. to Ord.
Cmt.
MVWIB – Temporary Funding Allocation FY 2014 – Rafael Abislaiman,
Executive Director – Ref. to Budget & Finance Cmt.
229
Doc. 141/13: Change of Poll Location – Guilmette School [District D-2] – William J.
Maloney, City Clerk – Tabled
Upon being recognized, Councilor Vasquez presented a motion to suspend the
Rules of the City Council and declare the item and emergency measure to allow the City
Council to immediately address the matter. The motion was seconded by Councilor
Aquino.
the City Clerk Maloney regarding notice of change of voting location.
Upon being granted the floor, Councilor Aquino spoke in support of the item.
A discussion ensued between Council President Moran and Clerk Maloney.
Upon being granted the floor, Councilor Twomey presented a motion to table the
item presented. The motion was seconded by Councilor Vasquez and unanimously [7-0]
approve by the Council Members present.
Doc. 141/13: Tabled
Doc. 143/13: Lawrence Firefighters Local 146 Agreement Approval per MGL
Chapter 150 Section 7(B) – Mayor Lantigua – Ref. to Budget & Finance Cmt. –
Letter to Administration and Finance Director Ianello
to have a letter sent to the Administration and Finance Director Ianello to have a copy of
the contract be provided to the Budget and Finance Committee Members no later than
close of business on Thursday, May 23, 2013 or proceedings would not advance. The
motion was seconded by Councilor Twomey and unanimously approved by the Council
230
Doc. 143/13: Letter to Administration and Finance Director Ianello
XIV. ADJOURNMENT:
Aquino, the Council Members present voted unanimously to Adjourn.
ADJOURNED
(09:45p.m.)
Attest:
William J. Maloney
City Clerk
231
A SPECIAL MEETING of the City Council was held on Tuesday, May 28,
Approximately Seventeen [17] persons were present.
IV: Communication from Mayor, City Officials & City Attorney: Doc. 146/13: City of Lawrence FY 2014 Budget – Mayor William Lantigua – Ref. to
Mayor Lantigua submitted FY’2014 Budget and presented information regarding
some of the particulars of the proposed budget referencing Public Safety, the Lawrence
School Department and the Public Works Department in particular. He informed the Council
Members that Finance Director Ianello will present the various departmental budgets
during the review process before the City Council Budget Committee.
Upon conclusion of the presentation by Mayor Lantigua, Council President
Moran referred the matter to the Budget & Finance Committee for further proceedings.
V. NEW BUSINESS:
232
Doc. 147/13: Parking Facilities – Outside Audit – Counc. Bernal - Tabled
Upon being recognized by Council President Moran, Councilor Bernal requested
the Council Members allow the introduction of a new item to the Council Agenda for
immediate attention. She then presented a motion to Suspend the Rules of the City
Council and to declare the above item an emergency measure in order to immediately
address the matter. The motion was seconded by Council Vice President Rivera and
Upon being granted the floor, Councilor Bernal informed the Council Members
that the item is presented in order to obtain an independent audit of the Parking Facilities
in the City of Lawrence stating that recent allegations of misappropriation of funds
asserted against the City managers of the Lawrence Parking Facilities.
Robert Nunes, Overseer for the City of Lawrence, stated that he is available to
assist with a financial review of the parking facilities in Lawrence. He stated that if
authorized, he could be prepared to present a report within about 2-2 ½ weeks. Mr.
Nunes suggested that Powers & Sullivan be authorized to conduct the audit and an
estimate of costs of the audit will be presented to the Council for consideration at a later
date.
Upon on further comment or discussion, Councilor Vasquez presented a motion to
table the item pending further action on the measure to be presented to the Council
Members. The motion was seconded by Councilor Aquino and unanimously [9-0] voted
233
upon by the Council Members present.
Doc. 147/13: Tabled
Upon being granted the floor, Council Vice President Rivera stated the first FY
2014 Budget sessions with the various Departments will begin on June 6, 2013 as a point
of information.
VI. APPROPRIATIONS-ORDERS-RESOLUTION: - None
VII. COMMITTEE REPORTS: - None
VIII. WITHDRAWALS: - None
IX. OLD BUSINESS:
and Regulation – Council Pres. Moran – Public Hearing Ordered
At the invitation of Council President Moran, Attorney Boddy addressed the
Council Members in regard to the above entitled matter. Attorney Boddy informed the
Council Members that the issue concerning implementation of the Lawrence Taxi
Ordinance regarding regulation of taxi and livery companies from other cities and towns
that may be either operating in or traveling through the City of Lawrence as it was
recently presented in Federal District Court in response to a complaint filed on behalf of
the Andover Cab Company. He informed the Council Members that due to the pending
litigation that further discussions with or among the Council Members proceed in
executive session.
Upon being recognized, Councilor Laplante presented a motion to convene City
234
Council proceedings in Executive Session. The motion was seconded by Councilor
Almonte and unanimously approved by roll call vote as follows: Yes-9; No-0:
[The City Council Members convened into Executive Session at 6:25 p.m.]
ALL 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
[The City Council Members terminated Executive Session at 7:04 p.m.]
Upon being granted the floor, Councilor Twomey moved to enter an order for a
public hearing to be held on any additional amendment as may be drafted and presented
by City Attorney Boddy to the City Clerk for publication. The motion was seconded by
X. TABLED MATTERS:
139/11
188/11
Council Pres. Moran
235
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
302/08
248/12
141/13
147/13
Ord. Cmt.
Ord. Cmt.
Moran
Residential Zoning District - Richard Burke, Planning Dept. – Hous. Cmt.
Public Hearing
Change of Poll Location – Guilmette School [District D-2] – William J.
Maloney, City Clerk
Parking Facilities – Outside Audit – Counc. Bernal
XI. NEW BUSINESS: - None
XII. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Aquino, the
236
ADJOURNED
(07:05p.m.)
Attest:
William J. Maloney
City Clerk
237
DATE: Tuesday, June 4, 2013
A REGULAR MEETING of the City Council was held on Tuesday, June 4,
Approximately Forty-two [42] persons were present.
of City Council Meetings conducted May 14, 2013, May 21, 2013 and May 28, 2013
were submitted by the City Clerk for consideration and acceptance of the City Council
Members.
accept the minutes.
Richard Russell, 34 Cross Street, Lawrence, MA spoke about the requirements of
sec. 4.10(a) which provides that the Mayor give notice to the City Council President
when he is to be absent from the City of Lawrence for three or more consecutive days.
238
[Tuesday, June 4, 2013]
He also stated that the City Ordinances prohibit City Employees from accepting 50.00
cash or more for payment of services. Mr. Russell inquired about authorization to change
parking garage receipts to “cash only” He commented that the lack of any penalty
provision to the Charter sections and Ordinances make abuse of these provisions possible
since employees will not likely be penalized for any conduct that may be contrary to any
provision. Mr. Russell discussed FY’12, 13 and the proposed FY’14 Budgets stating that
they show a steady increase for each year. He commented that the extraordinary expense
paid in establishing a defense against the release of records requested by Thomas Duggan
indicates that there is something that is wrong.
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA stated the budgets for the past
four years have been increased by 2.5%. He discussed employee use of vacation and sick
time suggesting that there may be abuses that result in extraordinary payouts for these
items when an employee retires. He stated that the profit producing businesses in
Lawrence should not be allowed tax breaks through incentives to allow the City to recoup
monies that are a result of a successful business venture.
Councilor Marc Laplante, 29 Durso Ave., Lawrence, MA and current sitting City
Council Member of District F, thanked everyone for offering their condolences upon the
recent passing of his Mother, Maria A. Laplante. He commented that his mother was
very proud of her family and proud of his accomplishments as a Member of the Lawrence
City Council and his public service. He talked about his Mother and her family life.
Council Vice President Rivera, 12 Jefferson Street, Lawrence, MA discussed the
239
FY’14 Budget submitted by Mayor Lantigua commenting that the proposed budget has
many problems suggesting that the funds allocated in many areas might be better
allocated to hire new police officers. Council Vice President Rivera asked the people in
Lawrence to contact their City Councilors and urge that the FY 2014 Budget not be
approved without providing for new police officers.
Doc. 125/13: Appropriation Transfer – From: Fire Department Salaries and
Wages – [Permanent] to Motor Vehicle – [$77,487.00] – Mark J. Ianello, Finance
Director – Public Hearing held – Approved
Council Members.
to defeat the appropriation transfer which was seconded by Councilor Laplante stating
that his second to the motion is to allow for further discussion.
At the request of Councilor Laplante, Council Vice President Rivera explained
that his opposition to the proposed appropriation transfer is based on the premise that the
240
unused portion of the Fire Department FY 2013 Budget allocation should be returned to
the City Budget as Free Cash which would allow for other necessary uses.
Councilor Laplante then posed questions regarding the appropriation transfer to
Lawrence Fire Chief Bergeron who explained that the transfer would allow for the Fire
Department to replace an older fire truck with a newer model. Chief Bergeron informed
the Council Members that the old fire truck is constantly being repaired at considerable
expense and is often out of service. In response to Councilor Laplante’s question
regarding the impact that a denial of the item may have, Chief Bergeron stated that the
firefighters would be without a very important and necessary tool to help them fight fires.
Chief Bergeron concerning how the Fire Department amassed a 260,000.00 budget
surplus. Chief Bergeron informed the Council Members that most of the funds represent
Fire Department positions that were not able to be filled.
Upon being granted the floor, Councilor Twomey asked what would happen to
the surplus funds if they were not used by the Fire Department. In response, Finance
Director Ianello informed the Council Members that any unused funds by the Fire
Department, and any other City Department, revert to the General Fund. A discussion
ensued between Councilor Twomey and Chief Bergeron regarding the use and costs
expended for Fire Department personnel.
Upon being granted the floor, Council Vice President Rivera posed additional
questions to Finance Director Ianello concerning the manner which City Department may
241
apply for use of free cash for projects and equipment suggesting that the Fire Department
should avail itself to this process of securing funds to obtain the fire truck sought to be
obtained by the appropriation transfer presented to the Council for consideration of
approval.
Upon being granted the floor, Councilor Almonte asked when the new truck will
be available for use and what will happen to the old fire truck when it is taken out of
service.
Upon a motion to defeat the item as presented by Council Vice President Rivera
and seconded by Councilor, the Council Members present voted by roll call vote to defeat
the motion as follows: Yes-1; No-8:
Councilor Almonte - No
Councilor Bernal - No
Council President Moran – No
Upon being granted the floor, Councilor Twomey presented a motion to approve
the item as presented. The motion was seconded by Almonte and the Council Members
present voted to approve the item by roll call vote as follows: Yes-8; No-1
242
Doc. 132/13: Handicapped Parking – West Kenneth Street – Joseph Quartarone –
Public Hearing held – Approved-30 Days Waived
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.
243
measure which was seconded by Councilor Almonte and the Council Members present
voted unanimously to approve the measure [9-0] as presented.
Upon being recognized, Councilor Vasquez moved to also waive any 30 day
period that may be applicable pursuant to section 3.8(a) of The Lawrence City Charter.
The motion was seconded by Councilor Reyes and unanimously approved by the Council
Members Present [9-0].
Doc. 132/13: Approved-30 Days Waived
Doc. 152/13: Resolution – Rafael Guzman – Councilor Vasquez – Presented
Council President Moran recognized Councilor Vasquez who presented the
Resolution on behalf of the City Council Members. Councilor Vasquez commented on
the achievements and accomplishments of Mr. Guzman in the Lawrence Community.
Mr. Guzman thanked the Council Members and expressed condolences to
Councilor Laplante on the recent passing of his Mother as well as the recent passing of
Mayor Lantigua’s Father.
Doc. 153/13: Resolution – Briyith Betances – Counc. Vasquez – Tabled
Upon being recognized, Councilor Vasquez stated the recipient of the Resolution
could not be present this evening due to a conflict in her schedule and presented a motion
244
to “table” the item until she could appear before the City Council. The motion was
seconded by Councilor Almonte and unanimously [9-0] approved by the Council
Members present.
Doc. 153/13: Tabled
Doc. 161/13: Resolution-Comprehensive Immigration Reform – Counc. Pres.
Moran – Presented
Council President Moran introduced the Resolution to the Council Members and
presented the item to the several SEIU Union Representatives in attendance.
The SEIU Representatives present thank the Council Members who signed the
Resolution and commented on the importance of securing support from the City Council
Members, the City of Lawrence State Delegates, the United States Congressmen and
Senators representing the Commonwealth of Massachusetts, and all involved with the
immigration and naturalization process to assure that individuals and families affected are
afforded the opportunity to live productive lives as legalized residents and citizens
throughout the United States. They thanked the Council Members for their support of the
measure and thanked Councilor Laplante even if he did not sign the Resolution.
Doc. 330/12: City Website Automatic Language translation - Counc. Vasquez –
Ord. Cmt. & Public Hearing Ordered
245
seconded by Councilor Laplante and unanimously approved by the Council Members
present [8-0]. [Council Vice President Rivera being absent from the Council Chamber
Doc. 133/13: Transient Vendor License–Fernando Santiago–34 Greenwood Street –
present [8-0]. [Council Vice President Rivera being absent from the Council Chamber
Doc. 134/13: Request to use the Campagnone Common Park from June 6th, 2013
through August 29th, 2013 –[every Thursday] excludes July 4th and the
Hispanic Week from 6 pm to 9 pm for an event named “Rumba en el Parque
[Dancing in the Park] – Maria Veronica Antich – Ord. Cmt. - Approved
Maria Veronica Antich – Ord. Cmt. – Approved
The report was presented in the form of a motion to approve the petition presented.
Upon being recognized, petitioner Maria Veronica Antich explained the activity
and use of the Lawrence Common primarily as an exercise event where anyone can
246
attend at any time they chose to arrive.
Upon being granted the floor, Councilor Vasquez seconded the motion and stated
he supports the petition and informed the Council Members that a similar event has been
very successful in Boston.
amplified sound that will be use which Ms. Antich stated would be very limited and used
only near the Lawrence Common stage area.
Upon being granted the floor, Councilor Almonte asked about admission charges
and the format of the various events. Ms. Antich informed the Council Members that all
sessions are free of charge and the public is invited to attend at their leisure any date or
time the event is held.
Upon being granted the floor, Councilor Bernal suggested that the approval of the
item exclude any use of the area on June 13, 2013 which will conflict with Hispanic
Week events.
Upon no further inquiry, discussion or comment the Council Members present
voted unanimously [8-0] to approve the request to use the Common Park. [Council Vice
President Rivera being absent from the Council Chamber when the vote was recorded].
Doc. 137/13: Transient Vendor License- Ice Cream Sales from a VehicleRicardo Sequinot - 53 Stevens Avenue – Ord. Cmt. - Approved
247
seconded by Councilor Almonte.
Upon being granted the floor, Councilor Twomey discussed the applicability of
the Noise Ordinance provisions and whether or not the use of the music on the vehicle
may be in violation of the ordinance. A discussion ensued among the Council Members
regarding the applicability of the Noise Ordinance.
Upon being granted the floor, Councilor Bernal commented that any vendor
operating a vehicle that uses sound to sell their product like an ice cream truck will have
to act responsibly. She stated that the applicant appears to be a responsible vendor and
problems are not expected from this vendor.
voted unanimously [9-0] to approve the petition as presented.
Doc. 138/13: Transient Vendor License – Antonio Javier –
154 Margin Street – Ord. Cmt. – Approved
present [9-0].
Doc. 140/13: Transient Vendor License – Olga Jimenez – 43 Texas Ave. – Ord.
Cmt. - Approved
248
present [9-0].
Doc. 178/12: Parking Enterprise Fund – Balance in Parking Garage Special
Revenue shall be transferred to the Garage Enterprise Fund –
[$348,201.15] - to be amended –Mark J. Ianello, Finance Director - Budget and
Finance Cmt. - Approved
presented a motion to receive the report of the Budget & Finance Committee. The
motion to receive the report of the Budget & Finance Committee was seconded by
Councilor Almonte and the Council Members present voted unanimously [9-0] receive
the report of the Budget & Finance Committee.
the item presented which was seconded by Councilor Twomey.
Council Members that prior approval by the City Council did not provide the Parking
Enterprise fund with the authority to receive funds into its account.
voted to approve the item by roll call as follows: Yes-7; No-2
249
Doc. 139/13: Review and Acceptance of Grants to the City of Lawrence Community
Development Department – Dana Farber Cancer Institute [$16,200.00] and received
Supplemental Funding [$6,500.00] for a Total of [$22,700.00] – James H. Barnes,
Community Development Director – Budget and Finance Cmt. - Approved
presented the report of the Budget and Finance Committee in the form of a motion to
approve the item presented. The motion was seconded by Councilor Aquino.
Council Members of the purpose of the original grant awarded to the City of Lawrence
and the supplemental award subject to the consideration for approval by the Council
Members present. A discussion ensued between Councilor Laplante and Council Vice
President Rivera regarding the use of the funds and whether past actions to implement the
programs and projects supported by the grant funds have resulted in the City attaining the
intended goals and objectives outlined by the grant. In response, Finance Director Ianello
offered the Council Members with some information about the past award funding, its
use, and the intended goals and objections. He stated that he as little knowledge and
information about the programs offered through the grant and that information would best
250
be provided by the Planning Office.
Councilor Laplante commented on the recent involvement of the City Council to
review grant awards and that it has served to provide a greater knowledge and
understanding of the use and application of funds as well as the results and impact on the
City of Lawrence.
Upon being granted the floor, Council Vice President Rivera stated that he
supports the item presented.
present Council President Moran called the motion for approval to the attention of the
Council Members. Upon vote of the Council Members present, the item was
unanimously [9-0] approved.
Doc. 145/13: MVWIB – Temporary Funding Allocation FY 2014 up to
$600,000.00 - Rafael Abislaiman, Executive Director –
Recommitted to Budget & Finance Cmt.
Council President Moran introduced the item to the Council Members present and
stated that further proceedings before the Budget & Finance Committee were necessary.
Council President Moran then recommitted the item to the Budget & Finance Committee
for further proceedings.
Doc. 145/13: Recommitted to B&F Cmt.
VII. WITHDRAWALS:
Doc. 142/13: Las Palmas Restaurant – Request permission to place 4 tables and
chairs in front of their business at 445 Essex Street from 3 pm to 1 am –
Maria Thomas, Owner – Ord. Cmt.- Recommitted to Ord. Cmt.
251
Upon being recognized, Councilor Bernal presented the report of the Ordinance
Committee. A discussion ensued among Council Members regarding the ability of an
establishment that serves alcohol to serve food and is a permit may be issued to allow
such an establishment to serve only food. Councilor Bernal informed the Council that
there were not proceedings conducted before the Ordinance Committee and that the item
may benefit if recommitted to the Ordinance Committee.
Council President Moran stated that the applicant would like to be considered for
such a permit and then recommitted the petition to the Ordinance Committee for further
proceedings.
Doc. 142/13: Recommitted to Ord. Cmt.
VIII. OLD BUSINESS:
Doc. 55/13: Appropriation Order – Authorization to borrow – extraordinary
repairs – Guilmette School [Amended on 5-14-13 approving $3,500,000.00-Mark J.
Ianello, Finance Director – Public Hearing ordered
Council President Moran presented the item informing the Council Members that
the City Council had previously approved the item to authorize the City of Lawrence to
borrow funds in sufficient amount to allow for the repair of the Guilmette School
requested by the Administration. He informed the Council Members that the City
Attorney recommends that appropriate parliamentary procedure and City Charter
requirements concerning public hearings on such matters be followed by order of the City
Council. He stated that a public hearing on the authorization and confirmation of the
prior vote of approval is required to assure the legitimacy of the authorization.
252
Upon being granted the floor, Councilor Twomey presented a motion to order a
public hearing on the measure presented. The motion was seconded by Councilor Reyes
and the Council Members present voted unanimously [9-0] to order a public hearing on
the matter presented.
IX. TABLED MATTERS:
Doc. 141/13: Change of Poll Location – Guilmette School [District D-2] – William J.
Maloney, City Clerk – Approved/30 days waived
Councilor Vasquez presented a motion to remove the item from the table which
was seconded by Councilor Almonte and unanimously approved by the Council
City Clerk Maloney addressed the Council Members concerning the change of the
poll location from the Guilmette School to the Fire Alarm Station due to the extensive
repair of the school building which will be taking place during the Special State Election
on June 25, 2013. He stated further that the Administration has approved the use of the
Fire Alarm Station as an emergency poll location for the Special State Election and Fire
Chief Jack Bergeron has extended the cooperation and assistance of the Fire Alarm
personnel to assist with the use of the facility as a polling location. In addition, the
Secretary of State for the Commonwealth has been notified of the emergency situation
and that the Secretary of State will require the approval of the Lawrence City Council as
the exclusive authority over election matters pursuant to the Lawrence City Charter
before the City Election Division will be allowed to use the proposed location as an
253
alternative/emergency poll location. City Clerk Maloney requested the City Council
consider the approval of the location mostly as a practical solution to the matter at hand
because the Fire Alarm Station [60 Bodwell Street] is “next door” to the Guilmette
School [80 Bodwell Street] and voters who arrive to vote at the Guilmette School can be
intercepted and directed to go to the Fire Alarm Station to vote. He stated that written
notices to voters have been prepared by the printer and mailings are expected to be sent
during the week of June 10, 2013 if the City Council approves the item presented. An
electronic sign is to be placed on the grounds shared by the Fire Alarm Station directing
voters to the Fire Alarm Station to vote as well as placement of a poll worker at the
entrance of the Guilmette School parking lot who will be available on election day to
direct voters to the Fire Alarm Station.
Clerk Maloney regarding notification of the new pole location for those who would vote
there.
Upon the motion of Councilor Vasquez for approval and to waive any thirty (30)
day waiting period that may apply pursuant to section 3.8(a) of the City Charter. The
motion was seconded by Council Vice President Rivera and unanimously approved by
Doc. 278/12: Tax Credit for Senior Volunteers-MGL C. 59, Sec. 5K-Updated
requested of Mark Ianello, Finance Director-Counc. Bernal – Tabled
Councilor Laplante presented a motion to remove the item from the table which
254
was seconded by Councilor Twomey and unanimously approved by the Council
Upon request of Councilor Laplante, Finance Director Ianello provided an update
regarding the item.
Councilor Laplante presented a motion to “re-table” the item. The motion was seconded
by Council Vice President Rivera and unanimously [9-0] approved by the Council
Members present.
Doc. 278/12: Tabled
Doc. 147/13: Parking Facilities – Outside Audit – Counc. Bernal – Ref. to Ord. Cmt.
and combined with doc. 148/13
Councilor Bernal presented a motion to remove the item from the table which was
Upon being granted the floor, Councilor Bernal stated that funding for the
proposed outside audit is available according to Overseer Nunes and Finance Director
Ianello. She suggested that an affirmative vote of the Council Members to authorize
funding of the audit would be beneficial to assure that the funding was secured and the
audit would proceed.
proposed audit of the Lawrence Parking Facilities by Sullivan and Powers accounting
firm. In response to inquiry by Council Vice President Rivera, Director Ianello informed
255
the Council Members that there are sufficient funds available in the Overseers account to
perform the independent audit requested by the City Council. A discussion ensued
among Council Members regarding the necessity to secure the audit by a vote to
authorize the audit by a vote of the City Council.
Upon being granted the floor, Councilor Bernal presented a motion to authorize
the accounting firm of Sullivan and Power to conduct an audit of the City Parking
Facilities as recommended by the Lawrence City Council. The motion was seconded by
Upon being granted the floor, Councilor Laplante asked if there are any issued
concerning the procurement laws to be considered. In response, Finance Director Ianello
commented that audits such as the one being recommended are outside the purview of
Massachusetts procurement laws and that the City of Lawrence maintains a current
contract with Sullivan and Powers for the purposes of conducting the audit of the parking
facilities in the City of Lawrence.
Councilor Laplante stated that he would prefer that the audit be conducted by
another accounting firm in order to obtain a truly “independent review” by a firm that has
absolutely no ties to the City of Lawrence. He also suggested that the Mayor may have
the option of declining to conduct or complete the audit as the authorized contract agent
for the City of Lawrence if he so chooses.
that the City Overseer has already authorized the audit. Director Ianello further
256
confirmed that Mayor Lantigua has also authorized the expenditure of funds for the audit
and supports the audit.
Upon being granted the floor, Council Vice President Rivera stated that it is his
understanding that although the Mayor may have the authority to approve an audit, the
Overseer has the ability to authorize an audit under these circumstances if the Mayor
declines to approve or complete the audit.
Upon being granted the floor, Councilor Laplante discussed the authorization of
an engagement letter with Sullivan and Powers and the expected audit. A discussion
ensued between Councilor Laplante and Director Ianello regarding the process of audit.
voted unanimously [9-0] to authorize Sullivan and Powers to proceed with an audit of the
City of Lawrence Parking Facilities.
Council President Moran then ordered Doc. 147/13 be combined with Doc.
148/13 since both documents reference exactly the same item and further ordered that
further proceedings continue through document 148/13. Council President Moran then
referred Doc. 147/13 and Doc. 148/13 to the Ordinance Committee for further
proceedings.
Doc. 147/13 and Doc. 148/13: Ref. to Ord. Cmt. As 148/13
X. TABLED MATTERS:
139/11
Attorney Charles Boddy – presence requested- Counc. Maldonado
257
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
302/08
248/12
48/13
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Moran
Public Hearing
Handicapped Parking – 15 Eutaw Street – Iris Then – Ord. Cmt. & Public
Hearing to be ordered
XI. NEW BUSINESS:
148/13
Lawrence Parking Garages – review of Fee Collection - Council Vice
Pres. Rivera & Counc. Bernal – Ref. to Ord. Cmt.
258
149/13
150/13
151/13
154/13
155/13
156/13
National Grid – request permission to locate poles, wires and fixtures on
Broadway at the intersection of Arlington Street, Jason Dwyer,
Supervisor, Distribution Design – Ref. to Ord. Cmt.
National Grid – request permission to place underground electric conduits
on Broadway – Jason Dwyer, Supervisor, Distribution Design-Ref. to Ord.
Cmt.
Transient Vendor License – 25 Basswood Street – Hector A. Moreno –
Ref. to Ord. Cmt.
Lawrence Evangelical Church – request permission to use the
Campagnone Common Park [corner of Lawrence & Haverhill]
on June 5th, 8th, 15th, 22nd & 29th, 2013; July 6th, 13th, 20th & 27th, 2013; &
on August 3rd, 10th, 17th, 24th and 31st, 2013 for religious events – Robert J.
McHugh, Pastor – Ref. to Ord. Cmt.
Proposed Zoning Ordinance Amendments – 320 South Broadway – John
T. Smolak, Esq.- Ref. to Ord. Cmt. & Planning Board
Stop Sign – Essex Street at Ames Street [currently a two-way stop at the
location] – Counc. Twomey – Ref. to Ord. Cmt.
Doc. 157/13: Hot Lawrence. Com – request permission to use the O’Neil Park in
conjunction with the Semana Hispana Festival to land a Helicopter for rides on
Sunday, June 16, 2013 from 10 am to 2 pm – Jose A. Espinosa – Withdrawn
Upon being granted the floor, Councilor Vasquez presented a motion to withdraw
the item from the Council Agenda stating that although the item would have provided an
added attraction to Semana Hispana, the petitioners simply did not have sufficient time to
timely present their petition to the City Council Members for consideration of approval.
The motion was seconded by Councilor Aquino and the Council Members present voted
unanimously [9-0] to withdraw the item from the Council Agenda.
158/13
159/13
160/13
Zoning Amendment – [Location of fences] – Dan McCarthy, Land Use
Planner – Ref. to Ord. Cmt.
Trees on city property on Greenfield Street and their impact on resident’s
homes - Counc. Laplante – Ref. to Housing Cmt.
Transient Vendor License – 305 Lowell Street – Obali Padilla – Ref. to
Ord. Cmt.
259
162/13
Groundwork Lawrence – request permission to use the Campagnone
Common Park on Wednesdays from 10 am to 5:30 pm for the Farmer’s
Market starting on July 10, 2013 – Rosa Pina, Outreach & Events
Manager – Ref. to Ord. Cmt.
XII. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Laplante, the
ADJOURNED
(08:52p.m.)
Attest:
William J. Maloney
City Clerk
260
MINUTES OF THE SPECIAL MEETING
DATE: Thursday, June 13, 2013
A REGULAR MEETING of the City Council was held on Thursday, June 13,
2013 at 7: 05 p.m. in the City Council Chamber with all Members present except
Councilor Aquino and Councilor Laplante.
Approximately ten [10] persons were present.
I. ACCEPTANCE OF MINUTES: none.
II._PUBLIC PARTICIPATION: none.
III. PUBLIC HEARINGS: none.
V. APPROPRIATIONS-ORDERS-RESOLUTION: none.
Doc. 146/13: City of Lawrence FY 2014 Budget – Mayor William LantiguaDocument SplitDoc. 146-A/2013 FY 2014 Operating Budget [255,314,509.00]Public Hearing Ordered.
Doc. 146-B/2013 Transfer of Free Cash to Capital Reserve Fund [1,600,000.00]Public Hearing Ordered;
Doc. 146-C/2013 Transfer of Free Cash to Fiscal Stability Fund [104,234.47]Public Hearing Ordered;
Doc. 146-D/2013 Transfer of Free Cash to Capital School
Projects Fund [1,600,000.00]-Public Hearing Ordered;
261
[Thursday, June 13, 2013]
Doc. 146-E /2013 Transfer of Free Cash to Department of Public Works
Snow and Sand Fund [700,000.00]-Public Hearing Ordered;
Doc. 146-F/2013 Establishment of Memorial Stadium Revolving Fund AccountReport Received-Report Received;
Doc. 146-G/2013 Establishment of Council on Aging
Revolving Fund Account-Report Received;
Doc. 146-H/2013 Establishment of Bellevue Cemetery
Doc. 146-I/2013 Establishment of Recreation and Park Self Supporting Service
presented the report of the Budget and Finance Committee informing the Council
Members present, that the Budget and Finance Committee recommends the document be
further divided as follows:
Doc. 146-A/2013 FY 2014 Operating Budget [255,314,509.00];
Doc. 146-B/2013 Transfer of Free Cash to Capital Reserve Fund [1,600,000.00];
Doc. 146-C/2013 Transfer of Free Cash to Fiscal Stability Fund [104,234.47];
Doc. 146-D/2013 Transfer of Free Cash to Capital School Projects Fund
[1,600,000.00];
Doc. 146-E /2013 Transfer of Free Cash to Department of Public Works Snow and
Sand Fund [700,000.00];
Doc. 146-F/2013 Establishment of Memorial Stadium Revolving Fund Account;
Doc. 146-G/2013 Establishment of Council on Aging Revolving Fund Account;
Doc. 146-H/2013 Establishment of Bellevue Cemetery Revolving Fund Account;
Doc. 146-I/2013 Establishment of Recreation and Park Self Supporting Service
Revolving Fund Account;
262
Council Vice President Rivera continued and reported that the Budget and
Finance Committee submits the FY 2014 Operating Budget [Doc. 146-A/2013] to be
received by the City Council Members as amended and without a recommendation and to
order for a public hearing . The report was presented in the form of a motion to receive
the report of the Budget and Finance Committee and to order a public hearing which was
seconded by Councilor Twomey and unanimously [7-0] approved by the Council
Members present.
Council Vice President Rivera further reported the Budget and Finance
Committee to order a public hearing be granted on Doc. 146-B/2013 for the Transfer of
Free Cash to the Capital Reserve Fund in the amount of 1,600,000.00. The report was
Councilor Twomey and unanimously approved [7-0] by the Members of the City Council
present.
Committee to order a public hearing be granted on Doc. 146-C/2013 for the Transfer of
Free Cash to the Fiscal Stability Fund in the amount of 104,234.47. The report was
Councilor Almonte and unanimously approved [7-0] by the Members of the City Council
present.
Committee to order a public hearing be granted on Doc. 146-D/2013 for the Transfer of
263
Free Cash to the Capital School Projects Fund in the amount of 1,600,000.00. The report
was presented in the form of a motion to order a public hearing which was seconded by
Councilor Almonte and unanimously approved [7-0] by the Members of the City Council
present.
Committee to order a public hearing be granted on Doc. 146-E /2013 for the Transfer of
Free Cash to the Department of Public Works Snow and Sand Fund in the amount of
700,000.00. The report was presented in the form of a motion to order a public hearing
which was seconded by Councilor Almonte and unanimously approved
[7-0] by the Members of the City Council present.
Council Vice President Rivera further presented the report of the Budget and
Finance Committee recommending the City Council receive the report recommending
Authorization for the Establishment of a Memorial Stadium Revolving Fund Account
[Doc. 146-F/2013]. The report was presented in the form of a motion to receive the
report of the Budget and Finance Committee which was seconded by Councilor Almonte
and the City Council Members present who voted unanimously [7-0] to receive the report
as presented.
Finance Committee recommending the City Council receive the report recommending the
Authorization for the Establishment of a Council on Aging Revolving Fund Account
[Doc. 146-G/2013]. The report was presented in the form of a motion to receive the
264
as presented.
Authorization for the Establishment of a Bellevue Cemetery Revolving Fund Account
[Doc. 146-H/2013]. The report was presented in the form of a motion to receive the
as presented.
Authorization for the Establishment of a Recreation and Park Self Supporting Service
Revolving Fund Account [Doc. 146-I/2013]. The report was presented in the form of a
motion to receive the report of the Budget and Finance Committee which was seconded
by Councilor Almonte and the City Council Members present who voted unanimously
[7-0] to receive the report as presented.
Doc. 146-A/13: Public Hearing Ordered;
Doc. 146-B/13: Public Hearing Ordered;
Doc. 146-C/13: Public Hearing Ordered;
Doc. 146-D/13: Public Hearing Ordered;
Doc. 146-E /13: Public Hearing Ordered;
Doc. 146-F/13: Report Received;
Doc. 146-G/13 Report Received;
Doc. 146-H/13: Report Received;
265
Doc. 146-I/13
Report Received;
VII. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Council Vice President
Rivera, the Council Members present voted unanimously [7-0] to Adjourn.
ADJOURNED
(07:11p.m.)
Attest:
William J. Maloney
City Clerk
266
DATE: Tuesday, June 18, 2013
A REGULAR MEETING of the City Council was held on Tuesday, June 18,
2013 at 7: 20 p.m. in the City Council Chamber with all Members present except for
Councilor Twomey and Council Vice President Rivera.
Approximately Twenty-nine [29] persons were present.
of City Council Meetings conducted June 4, 2013 were submitted by the City Clerk for
Upon the motion of Councilor Reyes to accept the minutes as presented duly
to accept the minutes.
II. APPROPRIATIONS-ORDERS-RESOLUTION: Doc. 172/13: Resolution - Lawrence Police – Recognition as First Responders to the
Boston Marathon Bombing Tragedy- Counc. Pres. Moran- Presented
Council President Moran brought the matter to the attention of the Council
Members present presented in recognition of those members of the Lawrence Police
Department who were called upon to assist with other first responders to the Boston
Marathon Tragedy.
267
Rules of the City Council and take the above item out of the order appearing on the City
Council Agenda. The motion was seconded by Councilor Almonte and unanimously
Council President Moran then presented the resolution to the following members
of the Lawrence Police Department for their dedication and service:
Detective Paul MacMillan
Captain Denis Pierce
Detective Kevin Nigohosian
Sgt. Detective Amanda Burke
Detective Tom Burke
Sgt. Detective John Dushame
Officer Pat Noonan
Sgt. Jay Cerullo
Captain Roy Vasque
Officer Chad Lawlor
Officer Gary Yancey
Officer Jose Flores
Officer Tim Yerian
Officer William Olivieri
Sgt. Robert Michaud
Lt. Daniel Fleming
Officer Michael Colantuoni
Sgt. Joseph Beaulieu
Officer Eric Cerullo
Sgt. Shawn Quaglietta
Detective Jaime Brito
Detective Marco Ayala
Officer Tomas Caraballo
Lt. James Raso
Officer Timothy Dube
Officer Radames Gonzalez
Officer Terence Pennington
268
[7:16 p.m. - Councilor Almonte presented a motion to recess City Council
proceedings. The motion was seconded by Councilor Reyes and unanimously
[7:27 p.m. - Councilor Vasquez presented a motion to resume City Council
proceedings. The motion was seconded by Councilor Almonte and unanimously
III. TABLED MATTERS:
Doc. 153/13: Resolution – Briyith Betances – Councilor Vasquez – Presented
Upon being recognized, Councilor Vasquez presented a motion to remove the
above item from the “table”. The motion was seconded by Councilor Almonte and
Resolution before Council.
Upon conclusion of the presentment, Briyith Betances addressed the Council
Members and thanked them for the honor and recognition.
Item added at the meeting
Doc. 176/13: Resolution- 35 years of service to the City of Lawrence –
Lillian Michaud – City Councilors
Council President Moran brought the above item to the attention of the Council
Members and presented the Resolution in honor of Lillian Michaud for her 35 years of
dedicated service to the City of Lawrence.
IV._PUBLIC PARTICIPATION:
269
Council President Moran requested the members of the public present who
wished to provide public input to present themselves and address their comments to the
City Council Members. Upon the invitation of Council President Moran, the following
individuals addressed the City Council:
Homayoun Maali, 53 Chester Street, Lawrence, MA, commented on the
importance of Public Safety and stated that public safety officers deserve the support of
the City Council Members in regard to the negotiation of a contract. He spoke of the
favorable impact the Department of Public Works employees have upon creating a
positive quality of life in the City of Lawrence. He also commented on the recent union
discussions on behalf of the Lawrence Firefighters as well as the success and
achievements of the Lawrence School Department under the supervision of State
Receiver Jeff Riley.
Kathy Runge, 32 Dracut Street, Lawrence, MA commented on the successes of
the Lawrence Police Officers during the past week. She stated that it is more important
to have a police department that can protect the community even if the quality of the
public roadways and the schools is improved.
Mark Laplante, 29 Durso Ave., Lawrence, MA and District F City Councilor,
commented on the high noise level during the recent festival. He stated that the music
could be heard from the Campagnone Common to South Lawrence into the evening. He
suggested that a decibel meter could be used to measure the amount of noise generated
270
and that regulates the amount of noise by decibels would help to keep noise produced at
any event to levels that are objectively measured. Councilor Laplante stated he will
present a proposed ordinance to regulate noise in this manner before the City Council for
consideration.
V. PUBLIC HEARINGS:
Doc. 55/13: Appropriation Order – Authorization to borrow – extraordinary
repairs – Guilmette School [Amended on 05-14-13] approving
$3,500,000.00-Mark J. Ianello, Finance Director –
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.
the matter presented which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Laplante cited the public hearing notice
allowing the City of Lawrence to apply any grants or gifts received toward the debt that
the proposed bond order presented supports and asked Director of Finance Mark Ianello
271
if any grants or gifts were expected or anticipated. Director Ianello stated that he is
unaware of any funds that were expected from grants or gifts in particular and
commented that the text of the notice is “boiler plate” language that is used to capture a
variety of funding sources so they may be applied if they occur.
approve the measure.
VI: Communication from Mayor, City Officials & City Attorney: - None
VII. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 175/13: Year End Transfers between departmental accounts [FY 2013]Finance Dir. Ianello – Ref. to Budget & Finance Committee
Council Members as appearing on the Agenda and referred the item to the Budget and
Finance Committee of the City Council for further proceedings.
Doc. 175/13: Ref. to Budget & Finance Committee
Doc. 76/13: Proposed Amendment to Municipal Ordinance Title 18 Local Wetland
Ordinance–Public Hearing to be Ordered- Daniel McCarthy, Land Use
Planner – Public Hearing Ordered
272
of the Ordinance Committee recommending an order for a public hearing be approved.
The report was presented in the form of a motion to order a public hearing on the
measure which was seconded by Councilor Almonte and unanimously approved by the
Council Members present [6-0]. [Councilor Aquino being absent from the Council
Chambers at the time the vote was recorded].
Doc. 136/13: Handicapped Parking – Platt St [at the intersection of Sargent St]–
[Soledad Cordero] – Counc. Almonte – Public Hearing Ordered
of the Ordinance Committee recommending an order for a public hearing be approved.
The report was presented in the form of a motion to order a public hearing on the
measure which was seconded by Councilor Almonte and unanimously approved by the
Doc. 151/13: Transient Vendor License – 25 Basswood Street – Hector A. Moreno –
presented in the form of a motion to approve the petition which was seconded by
Councilor Vasquez and unanimously approved by the Council Members present [7-0].
273
Doc. 154/13: Lawrence Evangelical Church – request permission to use the
Campagnone Common Park [corner of Lawrence & Haverhill]
on June 5th, 8th, 15th, 22nd & 29th, 2013; July 6th, 13th, 20th & 27th, 2013; & on
August 3rd, 10th, 17th, 24th and 31st, 2013 for religious events – Robert J.
McHugh, Pastor – Ord. Cmt. – Approved
At the request of Council President Moran introduced the item informing the
Council Members that the petition requesting the dates of June 5, June 8, and June 15
have already passed and not subject to the petition presented. Council President Moran
then called upon Councilor Bernal to present the report of the Ordinance Committee
regarding this item.
Upon being recognized, Councilor Bernal presented the report of the Ordinance
Committee recommending the approval of the petition as presented [with the dates that
have passed omitted]. The report was presented in the form of a motion to approve the
petition which was seconded by Councilor Aquino and unanimously approved by the
Doc. 160/13: Transient Vendor License – 305 Lowell Street – Obali Padilla –
in the form of a motion to approve the item which was seconded by Councilor Almonte
274
Doc. 162/13: Groundwork Lawrence – request permission to use the Campagnone
Common Park on Wednesdays from 10 am to 5:30 pm for the Farmer’s Market
starting on July 10, 2013 – Rosa Pina, Outreach & Events Manager –
At the request of Council President Moran, Councilor Bernal presented the
report of the Ordinance Committee to approve the petition as presented. The report was
IX. WITHDRAWALS: - None
X. OLD BUSINESS:
158/13 Zoning Amendment–[Location of fences]–Dan McCarthy,
Land Use Planner- Ref. to Planning Board
Council Members present stating that the item had been previously referred to the
Ordinance Committee but also requires further proceedings before the Planning Board.
Council President Moran then referred the item to the Planning Board for further
proceedings.
158/13: Ref. to Planning Board
275
XI. TABLED MATTERS:
Doc. 302/08: Disposition – 74 Springfield Street – (Tax Map #102, Lot 59A) –
[$3,573.00] – The subject real estate has an area of approximately 3,573 square feet,
consists of vacant land, and is located in a (R-3/R-4) Residential Zoning District –
Richard Burke, Planning Dept. – Hous. Cmt. – Withdrawn
Councilor Laplante presented a motion to remove the above item from the “table”
Councilor Laplante presented a motion to withdraw the item from the City
Council Agenda. The motion was seconded by Councilor Aquino and the Council
Members present voted unanimously [7-0] to withdraw the item from the City Council
Agenda.
139/11
188/11
148/11
219/11
39/10
89/12
291/05
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
276
124/12
85/12
201B/12
278/12
284/12
248/12
48/13
Moran
Public Hearing
XIII. NEW BUSINESS:
163/13
164/13
165/13
166/13
167/13
168/13
169/13
Greater Lawrence Community Action – Request permission to use the
Campagnone Common Park for a Community Resources [Back to School]
Event on Wednesday, August 14, 2013 from 2 pm to 7 pm – Marisa
Melendez – Ref. to Ord. Cmt.
Stop Sign – Basswood Street northbound drivers at Poplar Street –
DELETE – Andrew Wall, City Engineer – Ref. to Ord. Cmt.
Handicapped Parking – Jose Almanzar -21 Farley Street 2nd floor – Lisa
Roseberry, NP – Ref. to Ord. Cmt.
Traffic Study – Chestnut Street – Counc. Reyes – Ref. to Ord. Cmt.
Old Gold Dealer License – 36 Jackson Street – Francisco Marcelino – Ref.
to Ord. Cmt.
Handicapped Parking – Intersection of Elm Street and Lincoln Court –
John De La Cruz – Ref. to Ord. Cmt.
Old Gold Dealer License – 364 Essex Street – Jose A. Vasquez – Ref. to
Ord. Cmt.
277
170/13
171/13
173/13
174/13
The Saint Alfio’s Society – Request permission to conduct its 90th Annual
Feast of the Three Saints on Labor Day Weekend August 30th, 31st and
September 1st, 2013 – Michael D. Morley, Executive Council- Ref. to
Ord. Cmt.
Review and Acceptance of increase CDBG Funding [Add: $152,192]
[New Total $1,458,364.00 and HOME Funding [Add: $76,519.00] [New
Total = $629, 067.00] received from US Dept. of Housing and Urban
Development (HUD) – James Barnes, Planning Director – Ref. to B & F
Cmt.
Transient Vendor License – 42 Texas Avenue – Manuel Jacinto- Ref. to
Ord. Cmt.
Transient Vendor License – 42 Texas Avenue – Siria Jacinto – Ref. to
Ord. Cmt.
XIV. ADJOURNMENT:
ADJOURNED
(07:58p.m.)
Attest:
William J. Maloney
City Clerk
278
DATE: Wednesday, June 26, 2013
A SPECIAL MEETING of the City Council was held on Wednesday, June 26,
2013 at 7: 12 p.m. in the City Council Chamber with all Members present. Councilor
Almonte arrived at 7:16 p.m.
Approximately Sixty-three [63] persons were present.
Council President Moran addressed the Council in regard to the water
improvement program presently being implemented in various Lawrence neighborhoods.
He informed the Council and public of the water distribution improvement plans and
assured the Council Members that there are plans to provide the area residents of the
work to take place in the various neighborhoods.
Upon the invitation of Council President Moran, Acting Public Works Director
John Isensee provided the Council Members with information concerning the scheduled
plan of improvements to the water infrastructure. He stated that advanced notice has
been provided to all neighborhood residents affected to date and that notices of planned
work by the Public Works Department will continue to be provided.
Doc. 146A/13: City of Lawrence – FY 2014 Budget – Mayor LantiguaPublic Hearing held - Approved
279
[Wednesday, June 26, 2013]
Council Members.
Upon being recognized, Mayor Lantigua addressed the Council Members
regarding the proposed FY’2014 Budget submitted for their consideration. He discussed
proposed Public Works, Lawrence Police Department, and Fire Department allocations
contained in the proposed budget.
Juan Cruz, 274 Broadway, Lawrence, MA stated that he prefers “clean politics”.
He stated that he opposes the Budget cuts. He stated his rent will go up and that he
supports the Council’s final decision regarding any cuts that may be decided.
Maria De La Rosa, 120 Maple Street, Lawrence, MA commented that she is
always concerned about improvements that advance the quality of life in the City of
Lawrence. She stated that she supports the Mayor’s proposed FY’2014 Budget and urged
the Council Members to consider approving the proposed budget.
Miguelina Richardson, 115 Cross Street, Lawrence, MA spoke in support of the
proposed FY’2014 Budget with emphasis on clean water and public safety.
Richard Russell 34 Cross Street, Lawrence, MA stated the IT Department
proposal for the installation of a new telephone system is a waste of public money. He
also stated that improvements to the computer systems is similarly a waste of money.
280
Mr. Russell stated that be believes the City Unions should make more concessions to
save funds for the City of Lawrence. He stated that some Public Works Department
employees are overpaid and the “clothing allowance” should be cut from the benefits
accruing to City employees.
Ernie DiFiore, Central Catholic High School Athletic Director thanked Acting
Public Works Director Isensee for his priority to maintain the City parks and fields used
by the schools for sports.
Elia Alvarado, a Methuen resident, spoke in support of the proposed FY’2014
City Budget. She stated she opposes any cuts to the proposed FY’2014 Budget and
suggested that the wealthiest 1% of the people should pay more taxes to support the
remaining 99% of the population. She urged the Council to approve the proposed
FY’2014 Budget as presented.
Elsa Rivera, 207 Bruce Street, Lawrence, MA commented upon the
improvements to Lawrence over the last few years and urged the Council to approve the
proposed FY’2014 Budget.
Martina Martinez, 318 South Broadway, Lawrence, MA urged the Council
Members to support the FY’2014 Budget without reductions.
Alfonso Garcia, 59 Eutaw Street, Lawrence, Ma discussed the proposed FY’2014
Budget and urged the Council Members to approve the Budget as presented.
Rosa Pena [address unknown] asked the Council Members to carefully consider
their vote when it is cast.
281
E. Garcia, 220 Abbott Street, Lawrence, MA discussed that many of the people in
Lawrence know what needs to be done. He urged the Council Members to do what is
best for the City and approve the proposed FY’2014 Budget as presented.
An unidentified resident of 62 Hillside Street, Lawrence, MA stated that the City
streets and parks have never been cleaner due to the work of the Lantigua Administration.
He stated that he supports the proposed FY’2014 Budget as presented.
Ismael Condone, 6 Hamlet Street, Lawrence, MA stated that the issue before the
Council for consideration is the continuous annual increase in taxes and stated that it is
not clear where the taxpayers will obtain additional money to pay any tax increase. He
stated that the Council Members use their best judgment to decide the financial matters
before them and that they not react to threats or pressure.
Francisco Surrell, 339 Water Street, Lawrence, MA [current Member of the
Lawrence School Committee] stated the DPW needs more workers to keep the City
clean.
Aurelia Araujo, 103 Lowell Street, Lawrence, MA stated that tax payers have
difficulty paying the tax increases that occur every year making it difficult to pay other
obligations like health insurance and living expenses.
Budget Item #: A;
282
to receive the report of the Budget and Finance Committee. The motion was seconded by
Councilor Laplante and the Council Members present voted unanimously [8-0] to receive
the report of the Budget & Finance Committee with proposed amendments to be
presented. [Councilor Almonte was absent from the Council Chamber at the time the vote
was recorded]. The vote recorded as follows:
Budget Item #: A; Vote #: 1
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: DR; 2nd: ML; TO: [X] RECEIVE THE
REPORT OF THE BUDGET AND FINANCE COMMITTEE ON THE
PROPOSED FY 2014 BUDGET WITH AMENDMENTS PRESENTED;
VOTE: [X] MOTION APPRVD AS PRESENTED; [X] BY UNANIMOUS VOICE
VOTE; [recorded as follows];
Counc. Kendrys Vasquez [KV]
Counc. Marc Laplante [ML]
Counc. Roger Twomey [RT]
Counc. Estela Reyes [ER]
Counc. Sandy Almonte [SA]
Coun. Oneida Aquino [OA]
Counc. Eileen O’Connor Bernal[EB]
Counc.Vice Pres. Dan Rivera [DR]
Counc. Pres. Frank Moran [FM]
TOTALS
yes
X
X
X
X
no
absta
prsnt
absnt
X
X
X
X
X
8
0
0
0
Budget Item #: B;
to approve amendments to the FY 2014 Budget by reducing the allocation to the Office
of Budget & Finance in the amount of $44,180.00 and the Public Works Department in
the amount of $299,267.00. The motion was seconded by Councilor Laplante.
1
283
reasons for presenting the proposed budget reductions commenting further that he
believes the proposed budget does not present favorable financial expenditures for the
City of Lawrence.
Upon being granted the floor, Councilor Laplante inquired about the budgetary
cuts proposed by Council Vice President Rivera. A discussion ensued between Councilor
Laplante and Council Vice President Rivera regarding the proposed cuts presented.
Councilor Laplante stated he is in support of the reductions proposed by Council Vice
President Rivera as being important to help provide the City with fiscal stability.
Upon being granted the floor, Councilor Twomey discussed and addressed the
proposed reductions presented by Council Vice President Rivera. He continued by
informing the Council Members that he has analyzed the FY 2014 Budget submitted by
Mayor Lantigua for consideration and noted that although there are increases that result it
also provides support for public safety. He commented that the proposed FY 2014
Budget appears balanced and that he will not be voting in support of any reductions that
may be presented.
Upon being granted the floor, Councilor Reyes stated she supports the proposed
budget as presented.
Council President Moran posed questions to Finance Director Ianello regarding
the present and future ability of financially sustaining the current number of police
officers on duty [119] and if there is a possibility to increase the number of police
officers. Director Ianello responded by informing the Council Members that the City of
284
Lawrence will be challenged to maintain the current level of its police force due to excess
spending of the past years. A discussion ensued between Council Vice President Rivera
and Finance Director Ianello regarding the method and manner of funding the City
Budget in regard to specific budget allocation.
Council President Moran called up the Council Members present to consider the motion
to approve the proposed reduction as presented by motion of Council Vice President
Rivera and seconded by Councilor Laplante.
Upon consideration of the motion presented, the Council Members voted to defeat
the motion presented as follows:
Budget Item #: B; Vote #: 1
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: DR; 2nd: ML;
TO: [X] REDUCE THE BUDGET AND FINANCE BUDGET BY THE AMOUNT
OF $44,180.00 [page 5 - item 03] AND TO REDUCE THE PUBLIC WORKS
DEPARTMENT BUDGET BY THE AMOUNT OF $299,267.00 [page 7- item 40];
[recorded as follows];
VOTE: [X] DEFEATED; [X] BY ROLL CALL [recorded as follows];
RIGHT ▼
TOTALS
Yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
3
X
6
285
Budget Item #1;
Upon being granted the floor, Council Vice President Rivera presented the report
of the Budget & Finance Committee without a recommendation regarding the proposed
reduction to the FY 2014 Budget as provided below. The report was presented in the
form of a motion to approve the motion as presented. The motion was seconded by
Councilor Laplante and defeated by the Council Members present as follows:
Budget Item #1; Vote #1
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: DR; 2nd:ML
TO: [X] TO REDUCE THE MAYOR’S DEPARTMENT BUDGET/OTHER
EXPENSES [010210][5775]BY THE AMOUNT OF $400.00 [page 25];
VOTE: MOTION [X] DEFEATED; [X] BY ROLL CALL; [recorded as follows];
LEFT ▲
Yes
X
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
TOTALS
4
X
5
Budget Item #2;
286
Councilor Vasquez.
Upon being granted the floor, Councilor Vasquez explained that the cut is based
upon discussions with personnel. A discussion ensued between Councilor Laplante and
Councilor Vasquez regarding the proposed item.
Upon being granted the floor, Councilor Twomey discussed the proposed cut and
notice to Budget & Finance Committee.
the Council Members present defeated the proposed reduction as follows:
Budget Item #: 2; Vote #: 1
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: DR; 2nd: KV
TO: [X] TO REDUCE THE PERSONNEL DEPARTMENT
BUDGET/MANAGEMENT AND CONSULTING [010510][5301] BY THE
AMOUNT OF $9,600.00 [page 52];
RIGHT ▼
TOTALS
yes
X
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
4
X
5
Budget Item # 3
287
Councilor Laplante.
A discussion ensued between Council Vice President Rivera and Councilor
Laplante regarding the purpose of the recommended reduction.
Council President Moran discussed the year end transfers that are expected to be
presented to the City Council by Finance Director Ianello before the end of the fiscal
year.
Upon being granted the floor, Councilor Bernal stated that if the Department
Head was consulted and supports the reduction to their budget then it should be supported
by the Council Members.
Upon being recognized, Director Ianello reminded the Council Members that any
reductions approved by the City Council will be applied as a reduction to the FY’2014
operating budget. A discussion ensued between Councilor Laplante and Finance Director
Mark Ianello regarding additional appropriations and the effect of the 2.5 tax limitation
imposed by law in Massachusetts.
Upon being recognized, Fiscal Overseer Robert Nunes informed the Council
Members that the reductions approved by vote of the City Council will have minimal
impact on the City Budget and the overall tax obligation of the City taxpayer.
288
regarding revenue productions.
the Council Members present defeated the proposed reduction as follows:
[Councilor Vasquez was absent from the Council Chambers at the time the vote was
recorded].
Budget Item # 3, Vote # 1
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: DR; 2nd: ML
TO: [X] TO REDUCE THE PERSONNEL DEPARTMENT BUDGET/OFFICE
SUPPLIES [010510][5420] BY THE AMOUNT OF $1,000.00 [page 52];
yes
LEFT ▲
no
absta
prsnt
absnt
X
0
0
1
X
X
X
X
X
X
X
TOTALS
3
X
5
Budget Item # 4
289
Councilor Bernal.
Upon no discussion or comment offered by the Council Members present, the
Council Members present defeated the proposed reduction as follows:
Budget Item # 4; Vote # 1
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: DR; 2nd: EB
TO: [X] TO REDUCE THE FISCAL OVERSEER BUDGET/OUT OF STATE
TRAVEL [012000][5710] BY THE AMOUNT OF $1,500.00 [page 72];
VOTE: MOTION [X] APPROVED; [X] BY ROLL CALL; [recorded as follows];
RIGHT ▼
TOTALS
yes
X
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
7
2
Budget Item # 5
Councilor Laplante.
Upon being granted the floor, Councilor Vasquez explained the purpose of the
proposed budget reduction presented and posed questions to Police Chief John Romero
290
who informed the Council Members that he is not in favor of the proposed reduction to
the Police Department budget.
the Council Members present defeated the proposed reduction by roll call vote as
follows:
_____________________________________________________________
TO: [X] TO REDUCE THE POLICE DEPARTMENT- ANIMAL CONTROL
BUDGET/OTHER PURCHASED SERVICES [012150][5380] BY THE AMOUNT
OF $750.00 [page 83];
LEFT ▲
yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
2
X
7
Budget Item # 6
Councilor Vasquez.
291
Upon being granted the floor, Councilor Laplante posed questions to Acting
Public Works Director John Isensee regarding the proposed budget reduction. A
discussion ensued among the Council Members regarding the item presented.
follows:
_____________________________________________________________
TO: [X] TO REDUCE THE PUBLIC WORKS DEPARTMENT DIRECTORS
OFFCE BUDGET/RENTAL OF EQUIPMENT AND SPACE [014010][5272] BY
THE AMOUNT OF $288.00 [page 116];
RIGHT ▼
TOTALS
yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
3
X
6
Budget Item # 7
292
Councilor Laplante.
proposed budget reduction. A discussion ensued among the Council Members
concerning the proposed item.
Upon being recognized, Acting Public Works Director Isensee urged Council not
to adopt the proposed reduction to the Public Works budget.
Upon being granted the floor, Councilor Vasquez stated that he has reconsidered
the matter and suggested that the proposed reduction not be adopted.
Upon being granted the floor, Councilor Bernal stated she supports funding of the
item and would opposed the proposed reduction presented.
to withdraw the proposed reduction which was seconded by Councilor Almonte and
unanimously withdrawn by the Council Members present [9-0] as follows:
293
_____________________________________________________________
TO: [X] TO REDUCE THE PUBLIC WORKS DEPARTMENT SANITATION
BUDGET [014051] BY THE AMOUNT OF $5,000.00 [page 126];
VOTE: [X] MOTION WITHDRAWN BY: 1st: DR; 2nd: SA; [X] APPROVED BY
UNANIMOUS VOICE VOTE; [recorded as follows];
TOTALS
yes
X
X
X
X
X
X
X
X
X
9
no
absta
prsnt
absnt
0
0
0
0
Budget Item # 8
Councilor Laplante.
proposed budget reduction.
Upon being recognized, Acting Public Works Director Isensee explained the
impact the proposed budget reduction will have on the Public Works Department and
urged Council not to adopt the reduction.
294
follows:
_____________________________________________________________
TO: [X] TO REDUCE THE PUBIC WORKS DEPARTMENT- MUNICIPAL
GARAGE/FLEET MAINTENANCE BUDGET [014070][5272] BY THE AMOUNT
OF $500.00 [page 131];
LEFT ▲
yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
2
X
7
Budget Item # 9
Councilor Vasquez.
295
Upon being granted the floor, Council Vice President Rivera stated that the Public
Works Department Head offered his agreement to the proposed reductions before the
Budget and Finance Committee but now appears to have changed his position due to the
pressures of others before the Council Members.
Upon being recognized, Public Works Director Isensee informed the Council
Members that he opposes the proposed budget reduction presented.
A discussion ensued between Councilor Laplante and Council Vice President
Rivera regarding this proposed budget reduction as well as other proposed cuts.
Upon being granted the floor, Councilor Vasquez explained the reasons for the
proposed reduction.
Upon being granted the floor, Councilor Laplante discussed the differences
between what is being offered on the Budget Committee reports and the information
being presented to the Council Members this evening.
follows:
296
_____________________________________________________________
TO: [X] TO REDUCE THE PUBIC WORKS DEPARTMENT- MUNICIPAL
GARAGE/LEASE OF INSPECTION MACHINE BUDGET [014070][5273] BY
RIGHT ▼
TOTALS
yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
3
X
6
Budget Item # 10
Councilor Vasquez.
Council Members present defeated the proposed reduction by roll call vote as follows:
297
_____________________________________________________________
TO: [X] TO REDUCE THE PUBIC WORKS DEPARTMENT- BUILDING AND
FACILITIES MAINTENANCE BUDGET/OFFICE SUPPLIES [014080][5420] BY
LEFT ▲
yes
X
X
no
absta
prsnt
Absnt
0
0
0
X
X
X
X
X
X
TOTALS
4
X
5
Budget Item # 11
Councilor Vasquez.
At the request of Councilor Laplante, Director Fazio discussed the proposed
budget reductions and stated his opposition.
298
follows:
_____________________________________________________________
TO: [X] TO REDUCE THE SEWER AMD WATER DEPARTMENT
BUDGET/ELECTRICITY [294310][5214] BY THE AMOUNT OF $3,500.00 [page
218];
RIGHT ▼
TOTALS
yes
X
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
4
X
5
Budget Item # 12
Councilor Vasquez.
299
Upon being granted the floor, Councilor Laplante discussed the proposed budget
reduction.
proposed reduction is reasonable given the amount actually spent on the item by the
department.
Upon being granted the floor, Councilor Laplante stated that the reduction to the
overall budget can be amended by the Administration with an appropriation transfer from
other items if necessary.
Upon being granted the floor, Councilor Vasquez pointed out that the amount
allocated in prior years was not spend for the item [Advertising] which indicates that the
full amount of the current allocation is not necessary.
Upon being granted the floor, Councilor Laplante suggested the proposed
reduction should not be approved.
follows:
300
_____________________________________________________________
TO: [X] TO REDUCE THE SEWER AND WATER DEPARTMENT
BUDGET/ADVERTISING [294310][5344] BY THE AMOUNT OF $1,000.00 [page
218];
LEFT ▲
Yes
X
X
no
absta
prsnt
X
X
X
X
X
X
TOTALS
4
X
4
0
0
Budget Item # 13
Councilor Laplante.
[Councilor Twomey being absent from the Council Chamber at the time the vote was
recorded].
absnt
1
301
_____________________________________________________________
TO: [X] TO REDUCE THE SEWER AMD WATER DEPARTMENT
BUDGET/OPERATING SUPPLIES [294310][5425] BY THE AMOUNT OF
$3,000.00 [page 218];
RIGHT ▼
TOTALS
Yes
X
X
No
absta
prsnt
X
X
X
X
X
X
4
X
4
0
0
Budget Item # 14
Councilor Vasquez.
[Councilor Twomey voting “present” as recorded].
absnt
1
302
_____________________________________________________________
BUDGET/SMALL TOOLS AND EQUIPMENT [294310][5461] BY THE AMOUNT
OF $2,000.00 [page 218];
LEFT ▲
yes
X
X
no
absta
prsnt
absnt
X
X
X
X
X
X
TOTALS
4
X
4
0
0
Budget Item # 15
Councilor Vasquez.
1
303
_____________________________________________________________
TO: [X] TO REDUCE THE SEWER AMD WATER
DEPARTMENT/ADMINISTRATION BUDGET/OFFICE SUPPLIES
[294210][5420] BY THE AMOUNT OF $1,000.00 [page 221];
RIGHT ▼
TOTALS
Yes
X
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
4
X
5
Budget Item # 16
Councilor Vasquez.
Upon being granted the floor, Councilor Bernal posed questions to Water
Commissioner Robert Fazio about the reason and purpose for the expense requested for
funding.
304
Upon being granted the floor, Councilor Vasquez posed questions to
Commissioner Fazio regarding the prior year use and funding for the item subject to
discussion.
Council Vice President Rivera presented a motion to “withdraw” the proposed reduction.
unanimously [9-0] to withdraw the item.
_____________________________________________________________
TO: [X] TO REDUCE THE SEWER AND WATER
DEPARTMENT/ADMINISTRATION BUDGET/DUES AND MEMBERSHIP
[294210] [5730] BY THE AMOUNT OF $600.00 [page 221];
TOTALS
yes
X
X
X
X
X
X
X
X
X
9
no
absta
prsnt
absnt
0
0
0
0
305
Budget Item # 17
Councilor Vasquez.
_____________________________________________________________
BUDGET/REPAIRS AND MAINTENANCE-OFFICE EQUIPMENT
LEFT ▲
yes
X
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
TOTALS
4
X
5
306
Budget Item # 18
Councilor Vasquez.
_____________________________________________________________
BUDGET/SOLID WASTE DISPOSAL CONTRACTS [294220][5294] BY THE
AMOUNT OF $2,500.00 [page 224];
RIGHT ▼
TOTALS
Yes
X
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
4
X
5
307
Budget Item # 19
Councilor Vasquez.
Upon being granted the floor, Councilor Vasquez explained the reason for the
proposed reduction to the budget item.
proposed budget reductions which appear to be agreed upon by the Public Works
Director. Acting Director Isensee responded and explained that although he had initially
agreed to some proposed budget reductions because many of the items were of small
monetary value. However, when he was made aware of more extensive reductions
imposed by the Administration after the review by the Council Budget Committee, any
reductions that were agreed upon before the Council Budget Committee became more
extensive and more difficult to absorb without a significant impact in operations of the
Public Works Department.
follows:
308
_____________________________________________________________
TO: [X] TO REDUCE THE PUBLIC WORKS DEPARTMENT
BUDGET/ADMINISTRATION AND FINANCE/REPAIRS AND MAINTENANCE
LEFT ▲
yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
3
X
6
Budget Item # 20
Councilor Laplante.
which was duly seconded by Councilor Almonte and unanimously
Upon being granted the floor, Councilor Laplante discussed prior year spending
for the item subject to discussion in relation to the reduction being offered for approval.
309
A discussion ensued between Councilor Laplante and Councilor Bernal regarding
the proposed budget reduction. Councilor Laplante posed additional questions to Acting
Public Works Director Isensee who stated that the proposed reduction should not be
approved.
Upon being granted the floor, Council Vice President Rivera stated that although
some of the reductions being proposed appear of little monetary value, the Council
Members should consider the cumulative effect of all proposed reductions offered for
approval which will have a significant impact in the aggregate.
follows:
_____________________________________________________________
BUDGET/ADMINISTRATION AND FINANCE/RENTAL OF EQUIPMENT AND
SPACE [014021][5272] BY THE AMOUNT OF $400.00 [page 118];
310
RIGHT ▼
TOTALS
Yes
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
2
X
7
Budget Item # 21
Councilor Vasquez.
311
_____________________________________________________________
BUDGET/SANITATION/RENTAL OF EQUIPMENT AND SPACE [014051][5272]
BY THE AMOUNT OF $200.00 [page 126];
LEFT ▲
yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
2
X
7
Budget Item # 22
Councilor Vasquez.
A discussion ensued among the Council Members regarding the budget reduction
being offered for consideration.
Upon being recognized, Councilor Laplante posed additional questions to Acting
Public Works Director Isensee regarding whether he agrees with the reduction offered for
312
approval. Acting Director Isensee stated that he does not agree with further reductions to
the Public Works Department.
Council Vice President Rivera presented a motion to “withdraw” the proposed reduction.
unanimously [9-0] to withdraw the item.
_____________________________________________________________
BUDGET/SANITATION/OFFICE SUPPLIES [014051][5420] BY THE AMOUNT
OF $979.00 [page 126];
TOTALS
yes
X
X
X
X
X
X
X
X
X
9
no
absta
prsnt
absnt
0
0
0
0
313
Budget Item # 23
Councilor Vasquez.
_____________________________________________________________
TO: [X] TO REDUCE THE PUBLIC WORKS DEPARTMENT BUDGET/PARK
MAINTENANCE/RENTAL OF EQUIPMENT AND SPACE [014060][5272] BY
RIGHT ▼
TOTALS
Yes
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
2
X
7
314
Budget Item # 24
Councilor Vasquez
_____________________________________________________________
TO: [X] TO REDUCE THE PUBLIC WORKS DEPARTMENT BUDGET/PARK
MAINTENANCE/OPERATING SUPPLIES [014060][5425] BY THE AMOUNT
OF $400.00 [page 129];
LEFT ▲
yes
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
2
X
7
315
Budget Item # 2 [Reconsidered]
Upon being granted the floor, Councilor Vasquez stated that he would ask if the
Council Members might be amenable to reconsidering the vote taken earlier in the
session on Budget Item #2 defeating the reduction of the Fiscal Overseer Budget by the
amount of 9,600.00,
Council President Moran informed the Council Members that a vote to reconsider
may be offered by a Council Member voting on the side prevailing.
Upon being recognized, Councilor Almonte presented a motion to reconsider the
vote defeating the proposed reduction of the Fiscal Overseer Budget by the amount of
9,600.00 as recorded earlier is the session [affirming that she voted with those Council
Members who prevailed]. The motion was seconded by Councilor Laplante and the
Council Members voted as follows regarding the motion to reconsider:
316
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: SA; 2nd: ML
TO: [X] TO RECONSIDER VOTE ON BUDGET ITEM #1, VOTE #2
DEFEATING THE REDUCTION OF THE PERSONNEL DEPARTMENT
RIGHT ▼
TOTALS
yes
X
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
7
2
Upon being recognized, Councilor Vasquez informed the Council Members that
Fiscal Overseer Robert Nunes agreed to the proposed budget reduction presented.
Overseer Nunes, being present in the Council Chamber, stated that he agrees with the
proposed budget reduction as presented. Councilor Vasquez presented a motion to
rescind the prior vote of Council defeating the proposed reduction and to approve the
reduction to the budget item subject to discussion as originally presented. The motion
was seconded by Council Vice President Rivera and approved by vote of the Council
Members present as follows:
317
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: KV; 2nd: DR
TO: [X] TO REDUCE THE PERSONNEL DEPARTMENT
AMOUNT OF $9,600.00 [page 52][PREVIOUSLY DEFEATED AND RECORDED
AS BUDGET ITEM #1, VOTE #1 HEREIN];
RIGHT ▼
TOTALS
yes
X
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
7
2
Budget Item # 25
Upon being recognized, Councilor Vasquez presented a motion to reduce the
proposed City Council Budget as referenced below. The motion was seconded by
Councilor Laplante.
After a brief discussion among the Council Members present, the Council
Members present defeated the proposed reduction by roll call vote as follows:
318
Budget Item # 25; Vote #1
______________________________________________
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: KV; 2nd: ML
TO: [X] TO REDUCE THE CITY COUNCIL BUDGET [010110]POSTAGE/OPERATING SUPPLIES/PRINTING AND
MAILING/PROFESSIONAL SERVICES- BY THE AMOUNT OF $1,948.00
[page 22];
LEFT ▲
yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
2
X
7
Budget Item # 26
proposed Mayor’s Office Budget/Printing and Mailing budget as referenced below. The
motion was seconded by Councilor Laplante.
319
Budget Item # 26 Vote # 1
_____________________________________________________________
TO: [X] TO REDUCE THE MAYOR/’S OFFICE BUDGET/PRINTING AND
MAILING [010210][5343] BY THE AMOUNT OF $1,000.00 [page 25];
RIGHT ▼
TOTALS
yes
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
2
X
7
Budget Item # 27
proposed Budget and Finance office budget as referenced below. The motion was
Councilor Vasquez offered a detail of the budget reductions for consideration of
the Council Members and explained his reason for offering the reductions.
A discussion ensued among the Council Members regarding the proposed
reductions offered for approval.
Ianello concerning the manner of allocating funding for various areas of the FY 2014
Budget.
320
Upon being granted the floor, Council Vice President Rivera explained to the
Council Members that the proposed FY 2014 Budget contains an increase in “Personal
Services” throughout the budget document in recognition of anticipated union contract
agreements for salary increases for City employees.
Councilor Laplante continued by asking Finance Director Ianello about the
proposed increases in the budget to the Information Technology Department – Director
Ianello explained that the current computer operating systems require additional systems
that assure continued operation if the primary systems fail. He stated that the amount
allocated for the IT Department reflects the purchase and installation of such equipment.
Upon being recognized, Councilor Vasquez stated that the expenditure for an item
does not represent a positive investment for the City of Lawrence and is therefore being
considered for reduction.
Upon being granted the floor, Council Vice President Rivera agreed with
Councilor Vasquez and stated that the expenditure does not represent a sufficient
“financial value” to be funded. In response, Director Ianello stated that the expenditure is
not intended as an “investment” with a financial return as is suggested but rather is an
investment to assure that the computer systems throughout the City of Lawrence remain
operable under adverse circumstances or during a time of disrepair.
follows:
321
_____________________________________________________________
TO: [X] TO REDUCE THE BUDGET AND FINANCE OFFICE BUDGET [03] BY
THE AMOUNT OF $58,334.00 [page 5];
LEFT ▲
yes
X
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
TOTALS
3
X
6
Budget Item # 28
proposed Budget and Finance office budget as referenced below. The motion was
seconded by Council Vice President Rivera.
Councilor Vasquez presented a detail of the budget reductions for consideration
of the Council Members and explained his reason for offering the reductions.
A discussion ensued among the Council Members regarding the proposed
reductions offered for approval.
322
Upon being recognized, Councilor Bernal posed questions to City Attorney
Boddy who stated that the proposed reductions would only serve to limit the ability of the
City Attorney’s Office to provide representation to the City of Lawrence.
Upon being recognized, Councilor Vasquez posed additional questions to City
Attorney Boddy who went into further detail about the impact the proposed budget
reductions would have upon the Office of the City Attorney.
Councilor Vasquez presented a motion to “withdraw” the proposed reduction. The
present voted unanimously [9-0] to withdraw the item.
323
_____________________________________________________________
TO: [X] TO REDUCE THE OFFICE OF THE CITY ATTORNEY
BUDGET/POSTAGE [100.00]/OTHER PURCHASED SURVICES
[$4,000.00]/BOOKS AND SUBSCRIPTIONS [$2,500.00], OUT OF STATE
TRAVEL [15,O0OO.00][010411] BY THE TOTAL AMOUNT OF $8,100.00 [page
45];
VOTE: [X] MOTION WITHDRAWN BY: 1st: KV; 2nd: DR; [X] APPROVED BY
TOTALS
yes
X
X
X
X
X
X
X
X
X
9
no
absta
prsnt
absnt
0
0
0
0
Budget Item # 29
proposed Planning Department budget by an amount of 8,100.00 as referenced below.
The motion was seconded by Council Vice President Rivera.
Councilor Vasquez presented a detail of the budget reductions for consideration
of the Council Members and explained his reason for offering the reductions.
Upon being recognized, Chief Economic Development Director Patrick
Blanchette informed the Council that if the proposed reductions are adopted they will
324
adversely affect the Planning Board and Zoning Board to the detriment of any City
Planning that is either in place or to be considered.
Upon further consideration, Councilor Vasquez stated that he amends his original
motion and proposes to reduce the Planning Department Budget by an amount of
$6,500.00 as referenced below.
In further response, Chief Economic Development Director Blanchette stated that
the proposed reductions will still result in an adverse impact to the Planning Office which
will be required to relinquish its office lease and to abandon obtaining property appraisals
on City owned property for sale due to the lack of funding as presented in the proposed
reductions.
Upon being granted the floor, Council Vice President emphasized that the Council
should consider the cumulative effect of the proposed reductions on the overall FY 2014
Budget and that the sum of all reductions, if approved, will result in significant savings to
the taxpayer.
follows:
325
_____________________________________________________________
TO: [X] TO REDUCE THE PLANNING OFFICE BUDGET [010910] BY THE
MAIN MOTION AMENDED BY AUTHOR [KV] TO REDUCE THE PLANNING
OFFICE BUDGET [010910] BY THE AMOUNT OF
$6,500.00 [page 66];
RIGHT ▼
TOTALS
yes
X
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
3
X
6
Budget Item # 30
his original proposal was to present a motion for the reduction of the proposed Lawrence
Police Department FY 2014 Budget by the amount of $83,386.00, but after some
consideration he proposes to reduce the proposed Lawrence Police Department budget in
the amount of $23,000.00 offering a detail of the suggested items to be subject to the
reduction presented as referenced below. The motion was seconded by Council Vice
President Rivera.
326
Upon invitation of Council President Moran, Lawrence Police Chief John Romero
informed the Council Members of the adverse impact the proposed reductions would
have on the police department if implemented. Finance Director Ianello confirmed the
information provided by Police Chief Romero.
Upon being granted the floor, Councilor Vasquez stated that the proposed
reductions represent significant savings to the City of Lawrence and should be approved.
Upon being recognized, Council Vice President Rivera posed questions to Police
Chief Romero concerning any plans or ability to hire additional police officers.
Additional questions were posed to Overseer Robert Nunes about the ability to utilize
grant funding to hire additional police officers.
Upon being recognized, Councilor Laplante commented on the loss of monies
spent on officers’ salaries who are indicted but suspended with pay and that Mayor
Lantigua refuses to suspend these officers without pay to the detriment of the taxpayers
who must continue to be subjected to a police force with less officers.
follows:
327
_____________________________________________________________
TO: [X] TO REDUCE POLICE DEPARTMENT BUDGET [012111]/SALARIES
[5110]/PROFESSIONAL SERVICES [5300] BY THE TOTAL AMOUNT OF
$23,000.00 [page 76];
LEFT ▲
yes
X
no
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
2
X
7
Budget Item # 31
his original proposal was to present a motion for the reduction of the proposed
Water/Sewer Enterprise Fund as presented in the FY 2014 Budget by the amount of
249,000.00. The motion was seconded by Councilor Laplante.
At the request of Councilor Bernal, Councilor Vasquez provided a detail of the
monies to be reduced if implemented explaining the reasons for the proposed reductions
and emphasizing that funds are allocated year after year but remain unused for
expenditure.
328
Upon being recognized, Councilor Bernal explained that funds that are not
deposited with the Water/Sewer Enterprise Fund will remain as retained earnings.
Councilor Bernal posed additional questions to Finance Director Ianello regarding the
impact of reducing funding to the Water/Sewer Enterprise Fund account.
follows:
_____________________________________________________________
TO: [X] TO REDUCE THE SEWER/WATER ENTERPRISE FUND BUDGET
[294310] BY THE AMOUNT OF $249,000.00 [page 218];
RIGHT ▼
TOTALS
Budget Item # 32
yes
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
3
X
6
329
Upon being recognized, Councilor Laplante presented a motion to reduce the
proposed FY 2014 allocated to the Lawrence Public Schools in the amount of
$6,022,065.00. The motion was seconded by Council Vice President Rivera.
Councilor Laplante explained that the reason for presenting the reduction is to
assure that the Commonwealth takes notice that the City of Lawrence is in need of funds
to provide its population with public safety and not solely education.
Upon being recognized, Fiscal Overseer Nunes informed the Council Members
that if the reduction presented is approved then the City of Lawrence will lose funding in
an equal amount from the State. He urged the Council not to approve the item presented.
Upon being granted the floor, Council Vice President stated that he understands
Councilor Laplante’s intentions but that the City of Lawrence could not financially
sustain the proposed reduction due to obligations with the Commonwealth.
follows:
330
_____________________________________________________________
DATE: 06-26-13: MOTION BY: 1st: ML; 2nd: DR
TO: [X] TO REDUCE LAWRENCE SCHOOL DEPARTMENT BUDGET BY
THE AMOUNT OF $6,022,065.00 [page 110];
yes
LEFT ▲
No
X
absta
prsnt
absnt
0
0
0
X
TOTALS
1
X
X
X
X
X
X
X
8
Budget Item # 33
proposed FY 2014 allocated to the Lawrence Parking Garages by the amount of
100,000.00. The motion was seconded by Council Vice President Rivera.
Councilor Laplante explained that the reason for presenting the reduction to the
Upon being recognized, Finance Director Ianello provided information about the
average salary of parking attendant employees in the City of Lawrence.
follows:
331
_____________________________________________________________
TO: [X] TO REDUCE THE PARKING FUND [25] BY THE AMOUNT OF
$100,000.00 [page 10];
RIGHT ▼
TOTALS
yes
No
X
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
3
X
6
Budget Item # 34
proposed FY 2014 allocated to the City Council by the amount of $13,100.00. The
motion was seconded by Council Vice President Rivera.
Councilor Laplante explained that the reason for presenting the reduction to the
follows:
332
_____________________________________________________________
TO: [X] TO REDUCE THE CITY COUNCIL BUDGET BY THE AMOUNT OF
$13,100.00 [page 22];
yes
LEFT ▲
No
X
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
2
X
7
Budget Item # 35
Upon no further comments or information provided by the Council Members
present, Council President Moran informed the Council Members that the remaining vote
of the City Council concerns the vote to consider the approval of the FY 2014 Budget for
the City of Lawrence presented by Mayor Lantigua with the reductions approved by vote
of the City Council referenced as Budget Item #2 [in the amount of $9,600.00] and
Budget Item #4 [in the amount of $1,500.00] for a total reduction of $11,100.00 resulting
in a final budget amount of $255,303,409.00.
333
Upon being recognized, Councilor Aquino presented a motion to approve the FY
2014 Budget with the approved amendments/reductions in the amount of
$255,303,409.00. The motion was seconded by Councilor Reyes.
Upon being recognized, Council Vice President Rivera urged the Council
Members not to approve the FY 2014 Budget as amended.
Upon being recognized, Councilor Bernal stated that she will not be voting in support of
the FY 2014 Budget as amended due to the significant waste that it contains.
Upon being granted the floor, Councilor Aquino deferred to Financial Overseer
Nunes who urged the Council Members to approve the amended FY 2014 Budget in
order to provide fiscal stability to the City of Lawrence which will reflect positively
throughout the Commonwealth and the financial community.
Upon being recognized, Councilor Vasquez commented that the proposed FY
2014 Budget would be improved if the proposed reductions were adopted by the City
Council Members.
Upon being recognized, Councilor Laplante stated that he would not support the
proposed FY 2014 Budget a significant increase in Police Officers being hired and an
increase commitment to public safety. Upon being granted the floor, Councilor Almonte
commented on the manner of approving reductions to the FY 2013 Budget and stated that
the process followed with the FY 2014 Budget was fair and reasonable.
334
Upon being granted the floor, Councilor Reyes stated that she believes the
proposed FY 2014 Budget is balanced and reasonable – and that she will be supporting
its approval.
Council President Moran call the motion for the approval of the proposed FY 2014
Budget with approved amendments as seconded for consideration of the Council
Members present.
Upon being recognized, Council Vice President registered a Charter Objection to
the vote pending before the Council Members.
[Upon being recognized, Councilor Laplante presented a motion to recess
Council proceedings at 12:32 a.m., the motion was seconded by Councilor Almonte
and unanimously approved [9-0] by the Council Members present]
[vote recorded as follows]
________________________________________________________________________
DATE: 06-27-13: MOTION BY: 1st: ML; 2nd: SA;
[AT 12:32 A.M.] – [X] MOTION TO RECESS CITY COUNCIL PROCEEDINGS;
VOTE: [X] UNANIMOUSLY APPROVED BY THE CITY COUNCIL MEMBERS
PRESENT BY VOICE VOTE [9-0]; [recorded as follows];
TOTALS
yes
X
X
X
X
X
X
X
X
X
9
no
absta
prsnt
absnt
0
0
0
0
335
[Upon being recognized, Council Vice President Rivera presented a motion
to resume Council proceedings at 12:46 a.m., the motion was seconded by Councilor
Almonte and unanimously approved [9-0] by the Council Members present]
_____________________________________________________________
DATE: 06-27-13: MOTION BY: 1st: DR; 2nd: SA;
[AT 12:46 A.M.] – [X] MOTION TO RESUME CITY COUNCIL PROCEEDINGS;
yes
no
X
X
X
X
X
X
X
X
X
TOTALS
9
0
absta
prsnt
absnt
0
0
0
Upon resumption of proceedings, Council President Moran informed the Council
Members that the interjection of a Charter Objection pursuant to the Lawrence City
Charter serves to terminate all further proceeding regarding the item or measure subject
to the Charter Objections. Council President requested the Council Members consider
the circumstances and take whatever action necessary.
recess Council proceedings until 7:00 p.m. on June 27, 2013. The motion was seconded
by Councilor Laplante and approved by roll call vote of the Council Members as follows:
336
______________________________________________________________________
DATE: 06-27-13: MOTION BY: 1st: DR; 2nd: ML;
[AT 12:58 A.M.] – [X] MOTION TO RECESS CITY COUNCIL PROCEEDINGS
UNTIL 7:00 P.M. ON JUNE 27, 2013;
RIGHT ▼
TOTALS
yes
X
X
X
X
X
X
X
X
8
No
X
absta
prsnt
absnt
1
0
0
0
337
DATE: Thursday, June 27, 2013
A SPECIAL MEETING of the City Council was held on Thursday, June 27,
Approximately Fifty [50] persons were present.
[[06-27-13] Upon being recognized, Councilor Almonte presented a motion to
resume Council proceedings at 7:20 p.m., the motion was seconded by Councilor
Aquino and unanimously approved [9-0] by the Council Members present]
_____________________________________________________________
DATE: 06-27-13: MOTION BY: 1st: SA; 2nd: OA;
[AT 7:20 P.M.] – [X] MOTION TO RESUME CITY COUNCIL PROCEEDINGS;
TOTALS
yes
X
X
X
X
X
X
X
X
X
9
no
absta
prsnt
absnt
0
0
0
0
DOC: 146A/13 City of Lawrence – FY 2014 Budget – Mayor Lantigua- Approved
338
Council President Moran informed the Council Members that the pending vote of
in regard to the FY 2014 Budget presented by Mayor Lantigua with the
reductions/amendments approved by vote of the City Council and called upon the City
Clerk to provide the Council Members with the pending motion before the Council.
The City Clerk stated that the motion presented by Council Aquino for the
approval the FY 2014 Budget with reductions/amendments approved by the City Council
referenced as Budget Item #2 [in the amount of $9,600.00] and Budget Item #4 [in the
amount of $1,500.00] for a total reduction of $11,100.00 resulting in a final budget
amount of $255,303,409.00. The pending motion was seconded by Reyes.
Council President called the item to the attention of the Council Members present
for their consideration who voted to approve the FY 2014 Budget with
amendments/reductions for a total budget amount of $255,303,409.00 as follows:
339
_____________________________________________________________
DATE: 06-27-13: MOTION BY: 1st: OA; 2nd: SA; [RECALLED BY COUNCIL
PRESIDENT [FM]]
TO: [X] APPROVE THE PROPOSED FY 2014 BUDGET FOR THE CITY OF
LAWRENCE WITH THE APPROVED AMENDMENTS [REDUCTION OF
$9,600.00 (AMENDMENT #2) AND REDUCTION OF $1,500.00 (AMENDMENT
#4) – TOTAL REDUCTION OF $11,100.00] FOR A TOTAL BUDGET AMOUNT
OF $255,303,409.00 OPERATING BUDGET FOR FY 2014.
LEFT ▲
yes
X
No
absta
prsnt
absnt
0
0
0
X
X
X
X
X
X
X
TOTALS
X
6
3
146B/13: Transfer of Free Cash to Capital Reserve Fund [1,600,000.00]-Mayor
Lanigua--Public Hearing held - Approved
340
Upon a motion to approve the measure the Council Members present voted
Doc. 146C/13: Transfer of Free Cash to Fiscal Stability Fund [$104,234.47]-Mayor
Lantigua-Public Hearing held – Approved
Council Members.
who explained the difference between the Capital Reserve Fund and the Fiscal Stability
Fund.
Council President posed questions about the difference between the 2010
Legislation and the 1990 Legislation as it relates to the fiscal stability for the City of
341
Lawrence.
Doc. 146C/13: Approved
Doc. 146D/13: Transfer of Free Cash to Capital School Projects Fund
[$1,600,000.00]-Mayor Lantigua-Public Hearing held - Approved
Council Members.
342
unanimously [8-0] to approve the measure. [Councilor Vasquez being absent from the
Doc. 146D/13: Approved
Doc. 146E /13: Transfer of Free Cash to Department of Public Works Snow and
Sand Fund [$700,000.00]-Mayor Lantigua-Public Hearing held – Approved
Council Members.
unanimously [8-0] to approve the measure. [Councilor Vasquez being absent from the
343
Doc. 146E/13: Approved
III Communication from Mayor, City Officials & City Attorney: - None
IV. APPROPRIATIONS-ORDERS-RESOLUTION: - None
Doc. 146F/13: Establishment of Memorial Stadium Revolving Fund AccountReport Received-Recommendation-Mayor Lantigua - Approved
approve the measure as presented. The motion was seconded by Councilor Aquino.
Upon inquiry by Councilor Laplante, Chief Economic Development Director
Patrick Blanchette explained the manner which funds in the Stadium Revolving Fund are
used for the Lawrence Memorial Stadium and stated that funds are not used to
supplement Public Works employee salaries. Finance Director Ianello provided further
explanation as to the manner by which revolving funds operate.
Members present to consider the matter presented who unanimously approved the item
presented [8-0].[Councilor Vasquez being absent from the Council Chamber at the time
the vote was recorded].
Doc. 146F/13: Approved
344
Doc. 146G/13: Establishment of Council on Aging Revolving Fund Account-Report
Received-Recommendation -Mayor Lantigua - Approved
approve the measure as presented. The motion was seconded by Councilor Aquino and
unanimously approved by the Council Members present [8-0].[Councilor Vasquez being
Doc. 146G/13: Approved
Doc. 146H/13: Establishment of Bellevue Cemetery-Revolving Fund AccountReport Received-Recommendation-Mayor Lantigua - Approved
approve the measure as presented. The motion was seconded by Councilor Almonte and
Doc. 146H/13: Approved
Doc. 146I/13: Establishment of Recreation and Park Self Supporting Service
Revolving Fund Account-Report Received-RecommendationMayor Lantigua – Approved
approve the measure as presented. The motion was seconded by Councilor Almonte and
345
Doc. 146I/13: Approved
VI. WITHDRAWALS: - None
VII. OLD BUSINESS: - None
VIII. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
248/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Moran
Public Hearing
346
48/13
IX. NEW BUSINESS: - None
X. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Reyes, the
Council Members present voted unanimously [8-0] to Adjourn. [Councilor Vasquez
being absent from the Council Chamber at the time the vote was recorded].
ADJOURNED
(07:41p.m.)
Attest:
William J. Maloney
City Clerk
347
DATE: Tuesday, July 2, 2013
A REGULAR MEETING of the City Council was held on Tuesday, July 2,
2013 at 7: 09 p.m. in the City Council Chamber with all Members present. Council Vice
President Rivera arrived at 7:28 p.m.
Approximately Twenty-eight [28] persons were present.
of City Council Meetings conducted June 13, 2013, June 18, 2013 and June 26, 2013
were submitted by the City Clerk for consideration and acceptance of the City Council
Members.
seconded by Councilor Reyes, the Council Members present voted by roll call vote to
accept the minutes as follows: [Council Vice President Rivera being absent from the
Council Vice President Dan Rivera - Absent
348
[Tuesday, July 2, 2013]
Homayoun Maali, 53 Chester Street, Lawrence, MA stated that the Council
should support the Lawrence Police Union and DPW. He also urged the Council to
support the Firefighters contract.
Richard Russell, 34 Cross Street, Lawrence, MA stated that the FY’2014 Budget
sessions before the Full City Council is ineffective because the public is not allowed to
participate in the process in a meaningful manner. He stated that translating Spanish to
English for public speakers who speak Spanish is discriminatory because no one offers to
translate those who comment in English to Spanish and that he intends to report to the
matter to the appropriate authorities. Mr. Russell also discussed the Charter Objection
entered during the budget session.
Ken Hamilton, 15 Union Street spoke in support of document 187/13- HUD
supportive Housing Grant Safe Haven.
Peter Ouellette, 207 Abbott Street, Lawrence, MA stated that the city is filthy
with trash everywhere throughout the City of Lawrence.
Sandy Almonte - Councilor for District-A – 33 Woodland Street, Lawrence, MA
stated that she offers Spanish to English translations as a public convenience to everyone
who offers comments as well as the public who may be watching the Council
349
proceedings on television. She stated that she will be happy to provide English to
Spanish translations to anyone who requests that it be done.
Doc. 76/13: Proposed Amendment to Municipal Ordinance -Title 18 Local Wetland
Ordinance–Daniel McCarthy, Land Use Planner –
Council Members.
Tennis Lily, Conservation Commission Chairman, 40 Spruce Street, Lawrence,
MA discussed the proposed amendment and urged the Council to adopt the measure to
allow the Conservation Commission the ability to utilize the measure as a tool in its
review and consideration of petitions presented to the Commission.
the item presented which was seconded by Councilor Vasquez.
Upon being granted the floor, Councilor Almonte asked the Council Members to
support the measure presented to assist the Conservation Commission to regulate and
350
curb environmental damage in the City of Lawrence.
Council President Moran posed questions to Commissioner Lilly about the impact
the proposed measure may have on the development of the mill complexes. In response,
Commissioner Lilly explained the effect the proposed measure will have on the ability of
the Commission to improve the decision making process of the Commission Members in
regard to environmental matters presented.
seconded by Councilor Vasquez, the Council Members present voted by roll call vote to
approve the measure as follows: Yes-8; Abstain-1
Councilor Marc Laplante - Abstain
351
Doc. 167/13: Old Gold Dealer License – 36 Jackson Street –
Francisco Marcelino – Ord. Cmt. – Approved
report of the Ordinance Committee in the form of a motion to approve the petition as
presented. The motion was seconded by Councilor Almonte and unanimously approved
Doc. 169/13: Old Gold Dealer License – 364 Essex Street –
Jose A. Vasquez – Ord. Cmt. – Approved
Councilor Reyes presented a motion to take document 169/13 out of the order
352
Doc. 188/10: Surplus Property – 77 Spruce Street – (Tax Map #171, Lot 13) – This
lot is approximately 3,200 square feet – consists of vacant land in an (R-3/R-4) –
Residential Zoning District – Richard Burke, Planning Dept. - Hous Cmt. –
Withdrawn w/o Prejudice
report of the Housing Committee in the form of a motion to receive the report presented.
unanimously [9-0] to receive the report of the Housing Committee.
Upon being granted the floor, Councilor Laplante stated that a request to
withdraw the item was sent to the Council Members by Land Use Planner Daniel
McCarthy. A discussion ensued among the Council Members as to the reason for Mr.
McCarthy’s request to withdraw the item. Further suggestion by Council were made to
withdraw the item without prejudice in order to allow the Planning Office to present
further recommendations for consideration of the City Council in the future without
imposing a possible one year limitation by City Council Rule.
Upon being recognized, Councilor Laplante presented a motion to withdraw the
item without prejudice which was seconded by Councilor Almonte.
Upon no further comment or discussion the Council Members present voted
unanimously [9-0] to withdraw the measure without prejudice.
Doc. 188/10: Withdrawn w/o Prejudice
353
Doc. 142/13: Las Palmas Restaurant – Request permission to place
4 tables with chairs at 445 Essex Street-from 3 pm to 1 am – [amended by Council to
3 pm to 10 pm – four tables and sixteen chairs only]
Maria Thomas, Owner – Ord. Cmt. – Approved with Amendment
report of the Ordinance Committee to approve the petition. The report was presented in
the form of a motion to approve the item which was seconded by Councilor Reyes.
Upon being recognized, Councilor Twomey commented that establishments that
serve food often serve alcohol and that the petitioner should obtain a “full alcohol
license” if they don’t already have one in order to avoid any difficulties with the
proposed outside dining.
Upon being granted the floor, Councilor Bernal stated that the petitioner would
likely have less problems with a “full alcohol license” and informed the Council
Members of the ordinance that governs outside dining that’s been in place for about three
years. She stated that a 1:00 p.m. end time for outside service may create problems and
should be amended.
A discussion ensued between Council President Moran and Councilor Bernal
concerning implementation of outside dining petitions granted by Council and regulation
by the authorities for those establishments to use the license responsibly.
Upon being recognized, Council Vice President Rivera asked Councilor Twomey
[former Chairman of the Licensing Board] about the particulars of establishments that
serve alcohol and their ability to sell food to patrons. Councilor Twomey informed the
Council Members that only alcohol is subject to time constraints imposed by law but food
354
can be sold 24 hours a day if the establishment has proper approvals to sell food.
Upon being recognized, Councilor Aquino suggested that the permit should be
amended to allow for food service from 3:00 p.m. to 10:00 p.m. and four tables and
sixteen chairs should be sufficient given the size of the location subject to the petition.
Councilor Aquino proposed these be accepted as a friendly amendment by Councilor
Vasquez [the author of the motion to approve]. Councilor Vasquez accepted the
amendment as part of his main motion to approve.
that she believes these types of licenses are reviewable annually.
Upon being recognized, Councilor Laplante informed the Council Members that
there are matters concerning the establishment that remain pending before the Alcoholic
Beverage Control Commission [hereinafter ABCC] and that granting the petition should
be contingent upon the resolution of the matters before the ABCC. Councilor Laplante
offered the contingency as a friendly amendment to Councilor Vasquez’ main motion for
approval – Councilor Vasquez stated that he does not adopt the contingency as part of the
main motion. Councilor Laplante then presented the matters as a motion to amend the
motion for approval [as amended]. Councilor Laplante’s motion to amend was seconded
by Council Bernal and defeated by roll call vote of the Council Members as follows:
Yes – 3; No – 6:
355
Council President Frank Moran – No
Council President Moran called the matter to the attention of the Council
Members for their consideration. Upon no further comment or discussion the Council
Members present voted to approve the amended petition as follows: Yes – 6; No – 3;
Doc. 142/13: Approved/Amended
Doc. 163/13: Greater Lawrence Community Action – Request permission to use the
Campagnone Common Park for a Community Resources [Back to School] Event on
Wednesday, August 14, 2013 from 2 pm to 7 pm –
Marisa Melendez – Ord. Cmt. – Approved
At the request of Council President Moran, Councilor Vasquez presented
the report of the Ordinance Committee to approve the measure presented. The report was
presented in the form of a motion for approval which was seconded by Councilor
Almonte.
Upon no further comment or discussion, the Council Members present voted
unanimously to approve the petition as presented [9-0].
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Doc. 170/13: The Saint Alfio’s Society – Request permission to conduct its 90th
Annual Feast of the Three Saints on Labor Day Weekend August 30th, 31st
and September 1st, 2013 – Michael D. Morley,
Executive Council- Ord. Cmt. – Approved
report of the Ordinance Committee to approve the measure presented. The report was
presented in the form of a motion to approve which was seconded by Councilor Almonte.
VIII. OLD BUSINESS:
Council President Moran called the following three matters to the attention of the
60/09 Surplus Property – 143 Hancock Street (Tax Map #183, Lot 54) – Richard
Burke, Planning Dept. – Ref. to Housing Committee
184/09 Surplus Property – 451 Haverhill St. - (Tax Map #188, Lot 31) – Richard
187/09 Surplus Property – 35-37 Juniper St. – (Tax Map #172, Lot 116) – Richard
357
Doc. 143/13: Lawrence Firefighters Local 146 Agreement Approval per MGL
Chapter 150 Section 7(B) – Mayor Lantigua – Approved
presented the report of the Budget and Finance Committee recommending the approval of
the item presented. The report was presented to the Council Members present in the form
of a motion to receive the report which was seconded by Councilor Almonte and
unanimously received [9-0] by the Council Members present.
Upon being recognized, Council Vice President Rivera discussed and explained
the proceedings before the Budget and Finance Committee and the reason for his
opposition to the adoption of the agreement presented for consideration of the Council
Members.
contract presented to the Council for their consideration of approval. The motion was
Upon being recognized, Council Vice President Rivera stated that the proposed
contract presents financial obligations and requirements that cannot be met by increasing
the Lawrence Fire Department Budget by approximately 500,000.00. Under these
circumstances, he stated that he cannot support the proposed agreement as presented.
Upon no further comment or discussion, the Council Members present voted as
follows to approve the item presented: Yes – 7; No- 1; Absent – 1 [Councilor Bernal
being absent from the Council Chamber at the time the vote was recorded]:
Councilor Eileen O’Connor Bernal - Absent
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Doc. 171/13: Review and Acceptance of increase CDBG Funding [Add: $152,192]
[New Total $1,458,364.00 and HOME Funding [Add: $76,519.00] [New Total =
$629, 067.00] received from US Dept. of Housing and Urban Development (HUD) –
James Barnes, Planning Director – Pending Committee Report - Approved
which was seconded by Councilor Almonte.
A discussion ensued among the Council Members regarding the manner which
the additional funding would be applied upon receipt by the Planning Office. Planning
Director James Barnes provided the Council Members with a summary of the proposed
application of the additional funds the be awarded by Housing and Urban Development
[hereinafter HUD] through its grant process.
Upon being recognized, Councilor Twomey posed questions to Director Barnes
concerning the addition of anticipated program income in the amount of $10,000.00
appearing on the information provided. Director Barnes explained that part of the
application process requires presenting anticipated income amounts.
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Doc. 175/13: Year End Transfers between departmental accounts [FY 2013]–Mark
J. Ianello, Finance Director–Pending Committee Report – Approved
presented the report of the Budget and Finance Committee recommending the item be
divided into the following sections to be addressed individually: 175A/13; 175B/13;
175C/13; 175D/13; 175E/13; 175F/13; 175G/13; 175H/13; 175I/13; 175J/13; and
175K/13. The motion was seconded by Councilor Twomey and unanimously approved
by the Council Members present [8-0][Councilor Bernal being absent from the Council
Item 175A/13:
Upon being recognized, Council Vice President Rivera presented the report of the
Budget and Finance Committee recommending the following amounts presented by
Finance Director Ianello to be considered for appropriation transfer and to be identified
as item 175A/13:
Transfer From:
010210-5110 Mayor's Office - Salary and Wages - Permanent $ 3,850.00
010411-5110 City Attorney - Permanent Salaries $110,000.00
010411-5582 City Attorney - Books & Subscriptions $3,000.00
010510-5301 Personnel - Managing Consultants$ 40,000.00
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010530-5300 Workers Comp - Professional Services $37,000.00
014010-5110 DPW Director - Personal services $5,000.00
014021-5110 DPW Admin - Salaries $21,856.00
014041-5110 DPW Street Admin - Permanent Salaries $59,303.00
014042-5431 DPW Street Operations - Signs $8,000.00
014042-5535 DPW Street Operations - Materials $5,000.00
014052-5300 DPW Sanitation- Professional Services $103,136.06
014060-5110 DPW Park Division - Salaries $31,000.00
014070-5213 DPW Municipal Garage - Diesel Fuel $16,000.00
014080-5110 DPW Buildings & Facilities Maintenance - Permanent Salaries $24,365.00
017010-5915 Retirement of Debt - Other Loan Interest $129,717.09
019110-5740 Fire Insurance - Property Insurance $2,500.00
019071-5771 Unemployment - Unemployment compensation $116,000.00
Total Transfer From $715,727.15
was seconded by Councilor Vasquez.
Upon no further comment, discussion or inquiry, the Council Members present
unanimously approved the item presented [8-0][Councilor Bernal being absent from the
Item 175A/13: Approved
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Item 175B/13: Account: 010413-5305 City Attorney – Litigation – $113,000.00
Budget and Finance Committee recommending the following appropriation transfer:
Account: 010413-5305 City Attorney – Litigation – $113,000.00
The report was presented in the form of a motion to approve the recommended
transfer which was seconded by Councilor Almonte.
Upon being recognized, Councilor Laplante discussed the purpose of the
proposed transfer.
Upon no further comment, discussion or inquiry, the Council Members
unanimously approved the transfer presented [8-0]. [Councilor Bernal being absent from
the Council Chamber at the time the vote was recorded]:
Item 175B/13: Approved
Item 175C/13: Account: 010415-5760 Court Judgments – $193,000.00
Account: 010415-5760 Court Judgments – $193,000.00
transfer which was seconded by Councilor Vasquez.
Upon being recognized, Finance Director Ianello explained the necessity of the
proposed transfer to the Council Members present.
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Item 175C/13: Approved
Item 175D/13: Account: 014042-5110 DPW – Street Operations – Salaries $3,000.00
Account: 014042-5110 DPW – Street Operations – Salaries - $3,000.00
transfer which was seconded by Councilor Aquino.
Item 175D/13: Approved
Item 175E/13:
Account: 014052-5294 DPW–Sanitation–Solid Waste Disposal – $195,136.06
Account: 014052-5294 DPW – Sanitation – Solid Waste Disposal – $195,136.06
transfer which was seconded by Councilor Aquino.
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Upon inquiry by Councilor Laplante, Finance Director Ianello stated that the
monies would be applied toward the solid waste contract with COVANTA Company. A
discussion ensued among the Council Members regarding the use of the funds subject to
the proposed appropriation transfer some of which will be used to clean up trash left by
those who violate the City requirement to pay for certain waste items to be disposed by
the Public Works Department.
Upon being recognized, Acting Public Works Director Isensee discussed and
explained the efforts being implemented to catch those who dump waste illegally.
Upon being granted the floor, Councilor Laplante discussed pending legislation
that would increase fines and penalties for illegal dumping and stated that once approved
by the legislature it would help the Lawrence Public Works Department effectively
enforce illegal dumping ordinance violations.
Item 175E/13: Approved
Item 175F/13: Account: 014081-5119 DPW Boilers – Salaries - $5,000.00
Account: 014081-5119 DPW Boilers – Salaries - $5,000.00
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transfer which was seconded by Councilor Twomey.
Item 175F/13: Approved
Item 175G/13:
Account: 014083-5240 DPW School Elevators–Repairs and Maintenance $3,856.00
Account: 014083-5240 DPW School Elevators – Repairs and Maintenance - $3,856.00
transfer which was seconded by Councilor Laplante.
Item 175G/13: Approved
Item 175H/13:
Account: 014090-5110 DPW Snow and Sanding– Permanent Salaries - $7,145.00
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Account: 014090-5110 DPW Snow and Sanding – Permanent Salaries - $7,145.00
unanimously approved the transfer presented [7-0]. [Councilor Bernal and Councilor
Almonte being absent from the Council Chamber at the time the vote was recorded]:
Item 175H/13: Approved
Item 175I/13:
Account: 014090-5130 DPW Snow and Sanding – Overtime - $167,875.09
Account: 014090-5130 DPW Snow and Sanding – Overtime - $167,875.09
transfer which was seconded by Councilor Laplante.
Upon being granted the floor, Councilor Laplante provided general information
addressing the reasons for funding snow removal budgets at a lower level which is
permitted by the Commonwealth and allows the Cities and Towns to allocate greater
amounts of budgeted funds to other necessary government functions. Councilor Laplante
stated that if the Cities and Towns of the Commonwealth were required to provide greater
amounts of their budgets to the snow removal budget it would result in less monies being
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available for other City budgets
Item 175I/13: Approved
Item 175J/13:
Account: 015010-5120 Council on Aging–Temporary Salaries $6,350.00
Account: 015010-5120 Council on Aging – Temporary Salaries $6,350.00
Item 175J/13: Approved
Item 175K/13: Account: 016010-5120 Temporary Salaries $1,365.00
Account: 016010-5120 Temporary Salaries $1,365.00
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transfer which was seconded by Councilor Reyes.
Item 175K/13: Approved
Upon being recognized, Council Vice President Rivers informed the Council
Members that the total amount of monies transferred equals the total amount presented in
the amount of $715,727.15.
IX. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Disposition – 79A Brookfield Street – Richard Burke, Planning Dept. Hous. Cmt.
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284/12
248/12
48/13
Moran
Public Hearing
X. NEW BUSINESS:
177/13
178/13
Handicapped Parking – 227 Walnut Street – Jose A. Villa – Counc.
Vasquez – Ref. to Ord. Cmt.
Parking – 20 minutes – 328 Lowell Street – Ortega Multi Services, Inc. –
Counc. Aquino – Ref. to Ord. Cmt.
Doc. 179/13: 1199 SEIU – Request permission to use the Manchester Park on July
20th, 2013 from 11 am to 4 pm to hold a Summer EventKatie Belgard & Elia Alvarado – Approved
Council President Moran presented the item stating that although it is appearing
for the first time on the City Council Agenda, action by the City Council is necessary due
to the fact that the event will take place before the next session of the City Council.
suspend the Rules of the City Council and to declare the item and emergency measure.
The motion was seconded by Councilor Almonte and unanimously approved [8-0] by the
Council Members present [Councilor Bernal being absent from the Council Chamber at
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approve the petition which was seconded by Councilor Almonte.
unanimously approved the item presented [8-0]. [Councilor Bernal being absent from the
Transient Vendor License – 35 Park Street – Joanna Olivier – Ref. to Ord.
Cmt.
Transient Vendor License – Ice Cream Sales from a Vehicle – 315 High
Street – Angel M. Bisono – Ref. to Ord. Cmt.
180/13
181/13
Doc. 182/13: One Nation’s Diversity – Request permission to use Misserville Park,
O’Neill Park & Sullivan Park for a Basketball and Skating
Competition on July 27th, 28th, August 31st and September 1st, 2013
from 9 am to 4 pm – Jose R. Cora, II – Approved
Council President Moran presented the item again pointing out that although the
item is appearing on the City Council Agenda for the first time, action by the City
Council is necessary because the event will take place before the next session of the City
Council.
Rules of the City Council and to declare the item and emergency measure. The motion
was seconded by Councilor Reyes and unanimously approved [8-0] by the Council
Members present [Councilor Bernal being absent from the Council Chamber at the time
Upon being recognized, Councilor Almonte presented a motion to approve the
petition which was seconded by Councilor Aquino.
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Upon no further comment, discussion or inquiry, the Council Members unanimously
approved the item presented [8-0]. [Councilor Bernal being absent from the Council
Transient Vendor License – Ice Cream Sales from a Vehicle – 29 Phillips
Street – Francisco Antonio Diaz – Ref. to Ord. Cmt.
Bread and Roses Festival 2013 – Request permission to use the
Campagnone Common Park to hold their 29th Annual Festival on Labor
Day, September 2, 2013 from noon to 6 pm – Carmela Lanza-Weil,
Producing Director 2013 – Ref. to Ord. Cmt.
183/13
184/13
Doc. 185/13: North Common Neighborhood Association -Request permission to
block Essex Street [From Jackson to Hampshire Streets] to Celebrate
Our Downtown” on Saturday, August 17, 2013 from 10 am to 4 pm –
Marisa Melendez – Approved
Council President Moran presented the item pointing out that this item also
appears on the City Council Agenda for the first time but requires action by the City
Council due to the fact that the event will take place before the next session of the City
Council.
371
Upon inquiry, Council Vice President Rivera asked the petitioner about
accommodations with the local businesses near the event. Ms. Melendez [event
sponsor/petitioner] stated that she has contacted all the area businesses in the area
affected by the event and the business owners are in favor of the event.
Upon being recognized, Councilor Laplante asked about the extent of the
amplified sound to be used – in response the Ms. Melendez stated that the Lawrence
Police suggested that the event organizers use sound to attract people to the event. She
stated that the sound will be used reasonably and that the event will end promptly at 4:00
p.m.
Council President Moran commented that the event will be very favorable to the
City of Lawrence and he looks forward to the event be held each year.
unanimously approved the item presented [8-0]. [Councilor Bernal being absent from the
186/13
Handicapped Parking – 219 East Haverhill Street – Lucia Gonzalez –
Ref. to Ord. Cmt.
Doc. 187/13: Acceptance and Expenditure of Grant Funds by the Community
Development Department – HUD Supportive Housing Grant Safe
Haven for the amount of [$142,377] – James H. Barnes, Community
Development Director – Approved/30 Days Waived
Council President Moran presented the item again informing the Council
Members that although the item is appearing on the City Council Agenda for the first
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time, action by the City Council is necessary because Planning Director James Barnes
indicates that time is of the essence regarding the funding for this item.
Upon being granted the floor, Councilor Laplante posed questions to Planning
Director James Barnes who explained the intent and purpose of the “Safe Haven” grant
available through the Housing and Urban Development [hereinafter HUD] grant
programs. Director Barnes expounded upon the use of the funds to help address
homelessness in the City of Lawrence. Councilor Laplante discussed the selection of
certain grants by any City Planning Office may help set the course of the City or Town
selected by HUD to implement funding for such programs.
Upon being recognized, Councilor Towmey posed questions to Director Barnes
about the application process and homelessness is determined by the definitions supplied
by HUD.
Council President posed questions to Director Barnes who explained the method
of financial accountability for grants monies received through the Planning Department.
373
the Council Chamber at the time the vote was recorded].
A further motion presented by Council Vice President River to waive any
applicable 30 days waiting period pursuant to section 3.8(a) of The Lawrence City
Charter which was seconded by Councilor Almonte and unanimously approved by the
Council Members Present [8-0][Councilor Bernal being absent from the Council
Doc. 188/13: Technical Sports Association Lawrence – Request permission to use
the Campagnone Common Park for their 13th War Against Cancer
Walkathon on July 28, 2013 from 10 am to 2 pm – Prof. Nelson
Silvestre, President – Approved
Council President Moran presented the item and pointed out that although the
Council.
A brief discussion was held among the Council Members concerning the lack of
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the approval from the Lawrence Police Department.
approve the petition contingent upon the approval of the Lawrence Police Department
being provided. The motion was seconded by Councilor Almonte.
unanimously approved item presented [8-0]. [Councilor Bernal being absent from the
Noise Ordinance – to amend to include decibel readings as a basis for
violating the ordinance – Counc. Laplante – Ref. to Ord. Cmt.
Pawnbroker Dealer License – 231 Broadway – Delnys Garcia –
Ref. to Ord. Cmt.
Surplus Property – 15-17 Park Street (Map 110, Lot 36) – Richard Burke,
Planning Dept. – Ref. to Housing Cmt.
National Grid & Verizon – Request permission to locate poles, wires and
fixtures on Kent Street – Ref. to Ord. Cmt.
National Grid & Verizon – Request permission to locate poles, wires and
fixtures on Leeds Terrace – Ref. to Ord. Cmt.
189/13
190/13
191/13
192/13
193/13
Doc. 194/13: Lawtown Boxing Gym, Inc. – Request permission to hold
a Tag Day Fundraiser on July 27, 2013 from 9 am to 2 pm –
Gloria E. Candelario – Approved
Council President Moran presented the item and pointed out that although the
Council.
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approve the petition as presented which was seconded by Councilor Aquino.
unanimously approved item presented [8-0]. [Councilor Bernal being absent from the
Doc. 195/13: National Night Out 2013 – Harold Magoon,
Lawrence/Methuen Community Coalition – Approved
Council President Moran presented the item pointing out that this item also
appears on the City Council Agenda for the first time but requires action by the City
Council due to the fact that the event will take place before the next session of the City
Council.
376
petition which was seconded by Council Vice President Rivera.
unanimously approved the item presented [7-0][Councilor Bernal and Council Vice
President Rivera being absent from the Council Chamber at the time the vote was
recorded].
Doc. 195: Approved
Items added at the Meeting
Doc. 158/13: Zoning Amendment – [Location of fences] –
Dan McCarthy, Land Use Planner – Public Hearing Ordered
Council President Moran presented the item and explained to the Council
Members that the Planning Board has approved the proposed ordinance and the next
action necessary to consider the proposed ordinance is to order a public hearing.
was seconded by Council Vice President Rivera and unanimously approved [8-0] by the
Upon being recognized, Councilor Almonte presented a motion to order a public
hearing on the above item which was seconded by Council Vice President Rivera.
unanimously approved item presented [8-0][Councilor Bernal being absent from the
377
Tuesday, July 2, 2013]
XI. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Vasquez the
Council Members present voted unanimously to Adjourn][Councilor Bernal being absent
ADJOURNED
(09:25p.m.)
Attest:
William J. Maloney
City Clerk
378
DATE: Tuesday, August 20, 2013
A REGULAR MEETING of the City Council was held on Tuesday, August 20,
2013 at 7: 08 p.m. in the City Council Chamber with all Members present. Councilor
Bernal arrived at 7:15 p.m.
Approximately Twenty-six [26] persons were present.
of City Council Meetings conducted July 2, 2013 were submitted by the City Clerk for
Richard Russell, 34 Cross Street, Lawrence, MA asked that the City of Lawrence
create a search committee for a new Police Chief. He asked if Mayor Lantigua can be
removed from office if the reverse discrimination suit filed by Thomas Sapienza [former
379
[Tuesday, August 20, 2013]
Public Works Department employee] is successful. Mr. Russell criticized the Mayor
Lantigua’s recommendations presented for the various Lawrence boards and
commissions stating the nepotism and political favoritism appears to be the basis for
some of the appointments. He stated that the nomination process for candidates to
elective office is defective.
Chally Ramos, 105 Bailey Street, Lawrence, MA discussed the proliferation of
graffiti appearing on public and private property throughout the City of Lawrence. He
stated that criminal enforcement of existing statutes would help curb destruction of
property;
Jonas Stundzia, 37 Bruce Street, Lawrence, MA discussed the mission of the
Lawrence Historical Commission and spoke in support of a proposed ordinance to
regulate artistic murals in the City of Lawrence.
Ellie Bolis [aka, Ellie Curtin], 198 Essex Street, Lawrence, MA complained that
there is insufficient parking available for residents and their visitors near the Brunswick
House at 198 Essex Street.
Richard Blatchford, 3 Harrison Street, Lawrence, MA stated that the signs
attributing progress with City paving projects to Mayor Lantigua should be considered
unlawful campaign signs due to the use of taxpayer money involved. He stated that he
will file a complaint with the Attorney General to pursue the matter further. He also
stated that the signs should not be posted on telephone poles which are public property.
He stated that the newly paved roads throughout the City of Lawrence are defective and
380
will not last.
Marc Laplante, 29 Durso Avenue, Lawrence, MA [District F City Councilor]
stated that $1.00 was recently received by mail and appears to be sent to him by Mayor
Lantigua. He stated that he is informed that the “message” appears to be that the person
receiving a dollar from Mayor Lantigua is in “disfavor” with the Mayor. He stated that
he rejects the money sent to him and that he will return the dollar to Mayor Lantigua.
III. APPROPRIATIONS-ORDERS-RESOLUTION:
[Councilor Bernal arrived at 7:15 p.m.]
Doc. 208/13: Resolution – Chief John Romero – Counc. Laplante and Council Vice
Pres. Rivera – Presented
Upon being recognized, Councilor Reyes presented a motion to take document
208/13 out of the order appearing on the Council Agenda. The motion was seconded by
Council Vice President Rivera and unanimously approved by the Council Members
present [9-0].
Upon being recognized, Councilor Laplante and Council Vice President Rivera
presented the Resolution to Chief Romero. Council President Moran also presented a
Resolution in honor of Chief Romero as recognized by the Massachusetts House of
Representatives.
Chief Romero thanked the City Council Members for their recognition and honor
bestowed on him through the resolution presented and stated that his tenure as Lawrence
Police Chief has been the most rewarding part of his career in law enforcement.
381
Doc. 210/13: Resolution – “Adopt a Park Parent” Program –
Counc. Twomey - Presented
appearing on the agenda. The motion was seconded by Council Vice President Rivera
Upon being recognized, Councilor Twomey presented the Resolution honoring
the individuals and businesses participating in the “Adopted a Park” program.
Councilor Twomey introduced each of the recipients and distributed each a copy
of the resolution.
IV. PUBLIC HEARINGS:
Doc. 330/12: City Website Automatic Language Translation – Counc. Vasquez –
Public Hearing held - Approved
Council Members.
Upon being granted the floor, Councilor Vasquez discussed the purpose of the
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proposed ordinance and the success of the translation application to the City Website.
Upon being granted the floor, Council Vice President Rivera discussed the ease
the application is used and the various languages available. He commended Councilor
Vasquez’ efforts to locate and take action to install the application.
measure presented by Councilor Vasquez, as seconded by Council Vice President Rivera,
the Council Members present voted unanimously [9-0] to approve the measure.
Doc. 136/13: Handicapped Parking – Platt Street [at intersection of Sargent Street]
– Soledad Cordero – Counc. Almonte – Public Hearing held - Approved
Council Members.
383
measure presented which was seconded by Councilor Reyes and unanimously approved
[9-0] by the Council Members present.
Doc. 158/13: Fences Location – Amendments – Dan McCarthy – Public Hearing
held – Approved/30 days waived
Council Members.
proposed ordinance and to waive any applicable thirty (30) day waiting period pursuant
to section 3.8(a) of the City Charter. The motion was seconded by Council Vice President
Rivera.
Upon being granted the floor, Councilor Twomey discussed and confirmed that
conditions on property that exist prior to the approval date of the proposed ordinance
would be “grandfathered” as existing conditions. A discussion ensued between
384
Councilor Bernal and Councilor Laplante regarding the applicability of the ordinance
provisions.
Upon the motion presented by Councilor Bernal as seconded Council Vice
President Rivera, the Council Members present voted unanimously to approve the
measure [8-0][Councilor Almonte being absent from the Council Chamber at the time the
vote was recorded].
V: Communication from Mayor, City Officials & City Attorney: - None
VI. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 211/13: Appropriation Transfer – From: City Clerk Advertising [0106105344] to City Clerk Books and Subscriptions [010610-5582]
[$3,000.00] – William J. Maloney, City Clerk - Ref. to Budget & Finance Cmt.
Doc. 213/13: Greater Lawrence Vocational High School – MSBA Grant – Repairs
[$3,126,998.00] – Council Pres. Moran – Ref. to Budget & Finance Cmt.
Doc. 155/13: Proposed Zoning Ordinance Amendments – 320 South Broadway –
John T. Smolak, Esq. – Ord. Cmt. - Public Hearing ordered
385
Doc. 165/13: Handicapped Parking – Jose Almanzar – 21 Farley Street – Lisa
Roseberry, Nurse Practitioner – Ord. Cmt. - Public Hearing ordered
report was presented in the form of a motion, seconded by Councilor Almonte and
Doc. 166/13: Traffic Study – Chestnut Street – Counc. Reyes – Ord. Cmt. - Public
Hearing ordered
Doc. 173/13: Transient Vendor License – 42 Texas Avenue – Manuel Jacinto –
386
Doc. 174/13: Transient Vendor License – 42 Texas Avenue – Siria Jacinto –
Doc. 180/13: Transient Vendor License – 35 Park Street – Joanna Olivier –
Doc. 181/13: Transient Vendor License – Ice Cream Sales from a Push Cart – 315
High Street – Angel M. Bisono – Ord. Cmt. - Approved
of the Ordinance Committee to approve the petition as presented. Councilor Bernal
informed the Council Members that the petitioner is requesting a permit to sell ice cream
from a push cart and not a motor vehicle.
The report was presented in the form of a motion to approve the item which was
387
present [9-0].
Doc. 183/13: Transient Vendor License – Ice Cream Sales from a Motor Vehicle
Cart – 29 Phillips Street – Francisco Antonio Diaz – Ord. Cmt. – Approved
Doc. 184/13: Bread and Roses Festival 2013 – Request permission to use the
Campagnone Common Park to hold their 29th Annual
Festival on Labor Day, September 2, 2013 from noon to 6 pm – Carmela
Lanza-Weil, Producing Director 2013- Ord. Cmt. – Approved
At the request of Council President Moran, Councilor Bernal presented the
presented in the form of a motion to approve the item which was seconded by Council
Vice President Rivera and unanimously approved by the Council Members present [9-0].
Doc. 190/13: Pawnbroker Dealer License – 231 Broadway – Delnys Garcia – Ord.
Cmt. – Approved
388
Doc. 60/09: Disposition – 143 Hancock Street (Tax Map #183, Lot 54) – Approve
the sale to Aristides Eusebio for [$3,500.00] - Richard Burke, Planning Dept. –
Hous. Cmt. – Approved
report of the Housing Committee recommending the approval of the sale of City owned
real property located at 143 Hancock Street (Tax Map #183, Lot 54) by transfer of title to
Aristides Eusebio upon payment of $3,500.00 with agreed upon conditions. The report
was presented in the form of a motion to approve the sale of real property and transfer of
title as recommended. The motion for approval was seconded by Councilor Aquino.
Richard Burke, Real Property Acquisition Specialist, informed Council that none
of the property abutters expressed an interest in obtaining title to the real property subject
to the petition.
Members who voted unanimously [9-0] to approve the item as recommended.
Doc. 184/09: Disposition – 451-453 Haverhill St.- (Tax Map #188, Lot 31) – Approve
the sale to Theresa Martineau for [$1,997.00] - Richard Burke, Planning Dept. –
Hous. Cmt. – Approved
389
real property located at 451-453 Haverhill St.- (Tax Map #188, Lot 31) by transfer of
title to Theresa Martineau upon payment of $1,997.00 with agreed upon conditions. The
report was presented in the form of a motion to approve the sale of real property and
transfer of title as recommended which was seconded by Councilor Almonte and
Doc. 187/09: Disposition – 35-37 Juniper St. – (Tax Map #172, Lot 116) –Approve
the sale to Tami Realty Trust, Donald R. Minor,
Trustee, for [$3,200.00] - Richard Burke, Planning Dept. – Hous. Cmt. – Approved
report of the Housing Committee to approve the sale of City owned real property located
at 35-37 Juniper St.- (Tax Map #172, Lot 116) by transfer of title to Tami Realty Trust,
Donald R. Minor, Trustee upon payment of $3,200.00 with conditions. The report was
presented in the form of a motion to approve the transfer of title which was seconded by
Councilor Almonte and unanimously approved [9-0] by the Council Members present.
Doc. 191/13: Surplus Property – 15-17 Park Street (Map 110, Lot 36) – Declare
Surplus - Richard Burke, Planning Dept. – Hous. Cmt. – Declared Surplus
report from the Housing Committee recommending the City owned real property located
at 15-17 Park Street (Map 110, Lot 36) be declared surplus property. The report was
presented in the form of a motion to declare the real property subject to the petition as
surplus property. The motion was seconded by Councilor Almonte and unanimously
390
Doc.191/13: Declared Surplus
VIII. WITHDRAWALS: - None
IX. OLD BUSINESS:
Doc. 160/09: Disposition - Sale of 19-25 Acton St. to Merrimack Valley Habitat for
Humanity-Affirmation of Vote – Charles D. Boddy, City Attorney - Approved
Council President Moran provided the Council Members present with the
legislative history of the approved sale of real property subject to the petition presented
and informed the Council Members that City Attorney Charles Boddy recommends the
Council Members affirm an amended vote to allow the title to lawfully be transferred to
the successful bidder originally awarded the real property as voted by the Council
Members.
Upon being granted the floor, Councilor Vasquez presented a motion to affirm the
vote presented with the proposed amendment to the conditions recommended by City
Attorney Boddy. The motion was seconded by Councilor Almonte and unanimously
[9-0] approved by the Council Members present.
X. TABLED MATTERS:
139/11
188/11
148/11
Attorney Charles Boddy – presence requested - Counc. Maldonado
Council Pres. Moran
Ord. Cmt.
391
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
248/12
48/13
Ord. Cmt.
Lawrence Street to Park Street – all day 7 days a week - Council Vice
Pres. Rivera & Counc. Reyes - Public Hearing
Moran
Sales – Dan McCarthy, Land Use Planner - Ord. Cmt. & Planning Bd. –
Public Hearing
XI. NEW BUSINESS:
Doc. 201/13: Block Party – Portuguese American Club – Request permission to
hold a block party on Saratoga Street [at Myrtle and Saratoga Streets] and Erving
Avenue [at Bennington and Erving Avenue] on Saturday, August 24 from 12 pm to
7 pm for their Annual Member Outing – Sandra Silva, Board of Director –
Approved
appearing on the agenda. The motion was seconded by Council Vice President Rivera
392
Vasquez and unanimously [9-0] approved by the Council Members present.
Upon being granted the floor, Councilor Almonte presented a motion to approve the item
presented, as seconded by Councilor Reyes.
Sandra Silva, a representative of the Portuguese American Club [petitioner],
reported to the Council the event subject to the petition.
voted unanimously [9-0] to approve the petition presented.
Doc. 220/13: Acceptance of 2013-2014 Safe and Successful Youth Initiative Grant –
[$413,000.00] – Request for Emergency Action - Art McCabe, Manager, Community
Development Department – Approved
Council to immediately address the matter. The motion was seconded by Council Vice
Arthur McCabe, Community Development Manager, presented the Council
Members with information regarding the petition.
393
Manager McCabe regarding the petition and the nature of the emergency. Council Vice
President Rivera expressed concern that a rehabilitation program targeting the criminal
behavior of Lawrence youth is implemented through the Community Development
Department rather than the Lawrence Police Department.
Council President Moran commented on the importance of the program and stated
that he supports the item.
Upon being granted the floor, Councilor Laplante posed questions to Manger
McCabe about past performance of the project and suggested that future reports include
performance evaluations to allow for more comprehensive consideration of whether the
program is effective and should be continued.
Manager McCabe discussed and explained the manner which the program is
implemented and the importance of its application in the City of Lawrence. Councilor
Laplante commented that the program appears to be a governmental attempt to solve a
societal problem that may not be “solvable”. A discussion ensued between Councilor
Laplante and Manager McCabe regarding program past results and anticipated success.
participants selected for the program and whether or not the program benefits Lawrence
residents.
Upon being granted the floor, Councilor Bernal commented on the practical
application and implementation of the program.
Upon being granted the floor, Councilor Vasquez stated that he and Councilor
394
Aquino met with some of the case workers and that the program participants were very
helpful.
Council President Moran commented that the program helps those in need of
assistance with little opportunity.
Upon being granted the floor, Councilor Bernal spoke in support of the program.
Upon being granted the floor, Councilor Almonte stated that the project sponsored
through the proposed grant benefit the City of Lawrence and those most in need of
assistance.
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 Almonte, as
approve the item presented.
Doc. 200/13: V & R Productions Presents Over the Water Runway – Request
permission to use the train bridge and sidewalk at 220 Canal Street to conduct a
Public Fashion Show on August 24, 2013 from 7 pm to 10 pm – Yaira Marie Ramos
& Mabel Valenzuela – Approved
Vasquez and unanimously [9-0] approved by the Council Members present.
395
the petition as presented which was seconded by Councilor Almonte.
Yaira Marie Ramos, a representative of the petitioner, provided the Council
Members with information and details of the event subject to the petition.
Upon being granted the floor, Councilor Laplante posed questions to Ms. Ramos
about the precautionary steps taken to lessen any impact that the event may have on
neighboring residents. He suggested that managements offices of the area housing
complexes [ie: Washington Mills Apartments] to establish a direct line of contact
between the petitioners and the housing managers and to allow them to communicate
directly with event organizers to address any issues that may arise before or during the
event.
Upon being granted the floor, Councilor Vasquez asked if the petitioners will
have enough time for “set up”, “break down”, and “clean up” for the event and amended
his motion for approval to allow the “start time” to be at 7:00 p.m. and the “end time” to
be at 11:00 p.m.
Upon being granted the floor, Councilor Laplante suggested that any sound
system and music be turned off about an hour set for closing.
Upon being granted the floor, Councilor Almonte stated that the event has been
successful and without incident over the past few years that it was permitted to run and
encouraged people to attend to support the group of young people who run the event. She
stated that the event organizers are not professional models or professionally affiliated
with any modeling organization or group but put on a fashion show that very organized
396
and tastefully presented.
presented.
Upon the motion to approve the petition presented by Councilor Vasquez with the
time of the permit amended, as seconded by Councilor Almonte, the Council Members
present voted unanimously [9-0] to approve the item.
Doc. 212/13: Guilmette School – Return as a poll location for Municipal
Preliminary – William J. Maloney, City Clerk – Approved
suspend the Rules of the City Council and declare the item and emergency measure to
allow the City Council to immediately address the matter. The motion was seconded by
approve the item presented. The motion was seconded by Councilor Vasquez and
unanimously [9-0] voted upon by the Council Members present.
397
XII. NEW BUSINESS:
196/13
197/13
198/13
199/13
202/13
203/13
204/13
205/13
206/13
207/13
209/13
United States Citizenship and Immigration Services – Request permission
to use the Campagnone Common Park for a Constitution Day at the Park
on September 16, 2013 from 10 am to 12 pm – Roy L. Davis – Ref. to
Ord. Committee
Stop Sign – East bound traffic on Erving Avenue at Jackson Street –
Andrew Wall, City Engineer – Ref. to Ord. Cmt.
Lawrence Retirement Board – Provisions of Chapter 188 Section 19,
amending Section 103 of said Chapter 32 regarding the COLA base as
signed into law– recommendation submitted for City Council’s
consideration- Diane Cockcroft, Administrator – Ref. to Ord & Budget &
Finance Committee
LHS Associates – Pleased to present the following responses to the City of
Lawrence’s “Bid for Election Printing and Mailing Services 06/21/13” –
Jeff Silvestro, President – Ref. to Budget & Finance Cmt.
State Revolving Fund Loan Program, Drinking Water Projects, SRF
Bonding Approval & Loan Authorization to upgrade water mains
[21,895,000.00]-design costs [1,900,000.00]; State Revolving Fund for
Sewer Improvements, SRF Bonding Approval & Loan Authorization
[1,920,000.00] - TOTAL [25,715,000.00] – Ref. to Budget & Finance
Cmt. – Ref. to Budget & Finance Cmt.
Second Hand Dealer License – 165 Essex Street – Victor J. Reyes Peralta
Transient Vendor License – 34 Sargent Street – Sylvia Canseco
Hernandez – Ref. to Ord. Cmt.
Transient Vendor License – 104 Olive Avenue – Raymond Gonzalez –
Ref. to Ord. Cmt.
Top Notch Network – Request permission to use the Campagnone
Common Park on September 14, 2013 from 10 am to 1 pm for their 2nd
Annual Children’s Cancer Walkathon – Joanna de Peña – Ref. to Ord.
Cmt. – Ref. to Ord. Cmt.
Parking – 311 Lowell Street – 15 minute – Fermin A. Rodriguez, Owner
and Manager of Rodriguez CDs – Ref. to Ord. Cmt.
Acceptance of a Lead Hazard Control and Healthy Homes grant from the
Department of Housing and Urban Development in the amount of
[$2,500,000.00] – Evelyn Ureña, Housing Manager, Community
Development Department – Ref. to Budget & Finance Cmt.-Ref. to
398
214/13
215/13
216/13
217/13
218/13
219/13
221/13
223/13
224/13
225/13
226/13
227/13
228/13
Gladiator Health & Athletics Youth Football and Basketball, Inc. –
Request permission for “Tag Days’ on October 12th & November 16th,
2013 from 10 am to 3 pm – Sam Figueroa, President – Ref. to Ord. Cmt.
National Grid and Verizon New England, Inc. – Request permission to
locate poles, wires and fixtures on Park Street at the intersection of
Monmouth Street – Jason Dwyer, Engineering Department-Ref. to Ord.
Cmt.
Lawrence Civil War Memorial Guard – Request permission to use the
Campagnone Common Park for their 11th Annual Civil War Weekend
Event on Friday, Sept.20, Saturday, Sept. 21, and Sunday, Sept. 22, 2013
– Joseph G. Bella, Secretary – Ref. to Ord. Cmt.
Dedication – Canal Street Bridge – Staff Sgt. Alex Jimenez – Council
Pres. Moran – Ref. to Ord. Cmt.
Handicapped Parking – 112 E. Haverhill Street – Bill Collins-Ref. to Ord.
Cmt.
Housing Code Ordinance – 15.12.050–Certificate of Compliance–to
update–Counc. Twomey, Mark Ianello, Finance Director Peter Blanchette,
Building Commissioner and Counc. Reyes – Ref. to Ord. Cmt.
Shawsheen Road – One Way Street – Council Pres. Moran – Ref. to Ord.
Cmt.
Police Department Grant Award – [$243,636.00] – Mark J. Ianello,
Lawrence Historical Commission – Request a moratorium on unregulated
art/mural installations – Jonas Stundzia, Chairman- Ref. to Ord. Cmt.
Review and Acceptance of two HUD Supportive Housing Program Grants
– Home at Last and Homes for Veterans – [$236,343.00] – James H.
Barnes, Community Development Director – Ref. to Budget & Fin. Cmt.
Frontline Movement Christian Ministry – Request permission to use the
Campagnone Common Park on Sunday, September 29th, 2013 from 11
am to 4 pm – to celebrate their 1st Anniversary – Tomas Orta, Pastor –
Ref. to Ord. Cmt.
Merrimack Street – both sides, near Dolan Court – residential parking
spaces (for residents) and 15 minute parking (for non-residents) – Counc.
Laplante – Ref. to Ord. Cmt.
Lawrence Evangelic Church – Request permission to use the Campagnone
Common Park [corner of Lawrence and Haverhill Streets across from the
Library] on Sept. 7th, 14th, 21st and 28th, 2013 - Oct. 5th, 12th, 19th and 26th,
2013, - Nov. 2nd,16th, 23rd and 30th, 2013 – Dec. 10th, 14th, 21st and 28th,
2013 – from 12 noon to 3 pm for Religious Services – Eulalia Feliz – Ref.
to Ord. Cmt.
399
229/13
Disposition – Gale Street –Tax Map 187, Lot 110- The subject real estate
has an area of approximately 117 square feet, consists of vacant land, and
is located in an (R-2) Residential Zoning District – approve sale to Irisenia
Rios for [$771.00] –Richard Burke, Planning Department-Ref. to Hsg.
Cmt.
following items in “block form” for the purpose of referral to the appropriate City
Council Subcommittee. The motion was seconded by Councilor Almonte and
Council President Moran then announced each item and referred each to the
Personnel Committee:
230/13
231/13
232/13
233/13
234/13
235/13
236/13
237/13
238/13
239/13
240/13
241/13
Appointment – Cultural Council – Ms. Kristin Wallace – 210 Merrimack
Street #410, Lawrence, MA- Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Cultural Council – Ms. Joanna Infante – 489 South
Broadway Apt. 13, Lawrence, MA-Mayor Lantigua- Ref. to Pers. Cmt.
Appointment – Airport Commission – Mr. Vinicio Frometa – 16 Park
Street Apt. 1, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Airport Commission – Mr. Geoffrey Fulgione -561 Salem
Street, North Andover, MA-Mayor Lantigua – Ref. Pers. Cmt.
Appointment – Airport Commission – Mr. David Abate – 7 Liberty
Avenue, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Airport Commission – Mr. Giovanni Bonet – 33
Dartmouth Street, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Airport Commission – Mr. William Collins – 1 Platt
Court, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Airport Commission – Ms. Aldonsa Pereyra – 97 Marble
Appointment – Lawrence Housing Authority – Mr. Steven Kfoury -37
Jefferson Street, Lawrence, MA-Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Lawrence Housing Authority – Ms. Lydia Bonilla – 57
Marble Avenue, Lawrence, MA–Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Lawrence Housing Authority – Mr. Patrick Driscoll – 60
Rollins Street, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Human Rights Commission – Ms. Stephanie Diaz
Gonzalez –51 High Street, Lawrence, MA-Mayor Lantigua-Ref. to Pers.
Cmt.
400
242/13
243/13
244/13
245/13
246/13
247/13
248/13
249/13
250/13
251/13
252/13
253/13
254/13
255/13
256/13
Appointment – Lawrence Redevelopment Authority–Mr. Jimmy Miranda164 Andover St., Lawrence, MA-Mayor Lantigua - Ref. to Pers. Cmt.
Appointment – Board of Registrars – Mr. Victor De Jesus – 3 Steiner
Street, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment - Historical Commission – Mr. Frank Giles – 73 Fern Street,
Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment –Historical Commission – Ms. Kate Hernandez – 21
Beaconsfield Street, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment - Historical Commission – Mr. David Meehan – 79 Pearl
Appointment – Historical Commission – Mr. Jonas Stundzia – 37 Bruce
Appointment – Planning Board – Ms. Enny Bernabel – 99 Marble
Appointment – Planning Board – Ms. Yakaira Inoa – 142 Andover Street,
Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Planning Board – Mr. Antonio Reynoso – 201 Essex Street
Apt. 304, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Planning Board – Ms. Alexandra Serrano – 1056 Essex
Appointment – Planning Board – Mr. David Quarrell – 191 Maple Street
Apt. 3K, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Zoning Board of Appeals – Ms. Jennifer Lopez -312 Water
Street, Apt. 38, Lawrence, MA- Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Zoning Board of Appeals – Ms. Dahianara Liranzo – 246
Jackson Street, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Zoning Board of Appeals – Ms. Sandra Padilla – 3 Steiner
Appointment – Zoning Board of Appeals – Mr. Richard Rivera – 98
Andover Street, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Upon being granted the floor, Councilor Twomey presented a motion to forward a
letter to Personnel Director Frank Bonet requesting his presence at the next meeting of
the Personnel Committee and to provide the Council Members with copies resumes,
applications, or other documents submitted by those individuals recommended for
appointment by Mayor Lantigua.
401
Upon being recognized, Councilor Laplante proposed a friendly amendment to
the main motion presented by Councilor Twomey to also request Personnel Director
Bonet provide the Council Members with the names of all applicants for each position
subject to consideration of approval. Councilor Twomey accepted the amendment to his
motion. The motion with the amendment was seconded by Council Vice President
Rivera and unanimously [9-0] approved by the Council Members present.
XI. ADJOURNMENT:
ADJOURNED
(09:08p.m.)
Attest:
William J. Maloney
City Clerk
402
DATE: Tuesday, September 3, 2013
A REGULAR MEETING of the City Council was held on Tuesday, September
3, 2013 at 7: 15 p.m. in the City Council Chamber with all Members present. Council
Vice President Rivera arrived at 7:24 p.m.
Approximately Fifteen [15] persons were present.
of City Council Meetings conducted August 20, 2013 were submitted by the City Clerk
Upon the motion of Councilor Almonte to accept the minutes as presented,
accept the minutes. [Council Vice President Rivera being absent from the Council
Richard Russell, 34 Cross Street, Lawrence, MA, discussed the retirement of
Lawrence Police Chief John Romero. He asked who was on the search committee for the
403
[Tuesday, September 3, 2013]
new Police Chief. Mr. Russell suggested “tabling” all proposed new board appointments
until after the City Election in November.
Marc Laplante, District-F City Councilor, discussed the appointment of Acting
Police Chief James Fitzpatrick. He suggested that a final appointment should be after the
November City Election. Councilor Laplante commented on the one year that it has been
since the indictment of Lawrence Police Officers and suggested that the Mayor should
now suspend these officers without pay.
Doc. 165/13: Handicapped Parking – Jose Almanzar – 21 Farley Street – Lisa
Roseberry, NP – Public Hearing held – Approved/30 days waived
Council Members.
measure presented by Councilor Vasquez, as seconded by Councilor Reyes, the Council
404
Members present voted unanimously [8-0] to approve the measure.
Upon being recognized, Councilor Reyes presented a motion to waive any 30
Charter. The motion was seconded by Councilor Vasquez and unanimously approved by
the Council Members Present [8-0][Council Vice President Rivera being absent from the
IV: OLD BUSINESS:
Doc. 342A/12: Medical Marijuana Treatment Center – proposed “Extension of
Moratorium on Medical Marijuana Dispensaries” – Dan McCarthy, Land Use
Planner – Approved/30 days waived
Councilor Twomey presented a motion to take document 342A/12 out of the order
Rivera being absent from the Council Chamber at the time the vote was recorded].
Council President Moran invited Land Use Planner, Dan McCarthy who
discussed the item presented and requested the Council Member consider approving an
extension of the moratorium on adopting Medical Marijuana Dispensaries in the City of
Lawrence.
[Council Vice President Rivera arrived and appeared in session at 7:24 p.m.]
Upon no further discussion, Councilor Almonte presented a motion to approve the
item as presented which was seconded by Councilor Bernal and unanimously [9-0]
405
Upon being recognized, Councilor Almonte presented a motion to waive any 30
Charter. The motion was seconded by Councilor Vasquez and unanimously approved by
the Council Members Present [9-0].
Doc. 342A/12: Approved/30 days waived
Doc. 209/13: Acceptance of a Lead Hazard Control and Healthy Homes grant from
the Department of Housing and Urban Development in
the amount of [$2,500,000.00] – Evelyn Ureña, Housing Manager, Community
Development Department – B & F Cmt. – Approved
Councilor Twomey presented a motion to take document 209/13 out of the order
presented the report of the Budget & Finance Committee to approve the item presented.
The report of the Budget & Finance Committee was presented in the form of a motion to
approve the item presented. The motion was seconded by Councilor Aquino and the
Council Members present voted unanimously [9-0] to approve the item presented.
VI: Communication from Mayor, City Officials & City Attorney: Doc. 222/13: Lawrence Mural Arts Program – [Youth to present a slideshow of
their art work over the summer] – Counc. Almonte – Tabled
406
Upon being granted the floor, Councilor Almonte informed the Council Members
that the item was not ready for presentation and presented a motion to table the item. The
motion was seconded by Councilor Bernal and the Council Members present voted
unanimously [9-0] to table the item presented.
Doc. 222/13: Tabled
VII. APPROPRIATIONS-ORDERS-RESOLUTION: Doc. 211/13: Appropriation Transfer – From: City Clerk Advertising [0106105344] to City Clerk Books and Subscriptions [010610-5582]
[$3,000.00] – William J. Maloney, City Clerk – Budget and Finance Cmt. Approved
presented the report of the Budget & Finance Committee. The report was presented in the
form of a motion to approve the item presented. The motion was seconded by Councilor
Aquino and the Council Members present voted unanimously [9-0] to approve the item as
presented.
Doc. 213/13: Greater Lawrence Vocational High School – MSBA Grant – Repairs
[$3,126,998.00]-Council Pres. Moran-Budget & Finance Cmt. –
Public Hearing Ordered
presented the report of the Budget & Finance Committee in the form of a motion to order
a public hearing on the item presented. The motion was seconded by Councilor Almonte
407
Doc. 117/13: Handicapped Parking – 112 Springfield Street – Onier Garcia –
report was presented in the form of a motion, seconded by Councilor Reyes and
Doc. 149/13: National Grid – Request permission to locate poles, wires and fixtures
on Broadway at intersection of Arlington Street –Jason Dwyer, Supervisor,
Distribution Design – Ord. Cmt. and Public Hearing ordered
of the Ordinance Committee recommending a public hearing be ordered on the measure.
present [9-0].
Doc. 193/13: National Grid and Verizon New England – Request permission to
locate poles, wires and fixtures on Leeds Terrace – Jason Dwyer, Supervisor,
Distribution Design - Ord. Cmt. and Public Hearing ordered
of the Ordinance Committee recommending a public hearing be ordered on the measure.
408
present [9-0].
Doc. 196/13: United States Citizenship and Immigration Services – Request
permission to use the Campagnone Common Park for a
Constitution Day at the Park on September 16, 2013 from 10 am to 12 pm – Roy L.
Davis – Ord. Cmt. – Approved
of the Ordinance Committee. The report was presented in the form of a motion to
approve the measure presented, seconded by Councilor Vasquez and unanimously
Doc. 203/13: Second Hand Dealer License – 165 Essex Street – Victor J. Reyes
Peralta – Ord. Cmt. –Approved pending ISD approval
of the Ordinance Committee. The report was presented in the form of a motion to
approve the petition conditioned upon the approval of Inspectional Services as to
appropriate zoning for the location of the proposed business. The motion was seconded
by Councilor Vasquez and unanimously approved by the Council Members present [8-0].
[Council Vice President Rivera was absent from the chamber at the time the vote was
taken.]
Doc. 203/13: Approved/Pending ISD approval
Doc.204/13: Transient Vendor License – 34 Sargent Street – Sylvia Canseco
Hernandez – Ord. Cmt. – Approved
409
of the Ordinance Committee to approve the item presented. The report was presented in
the form of a motion, seconded by Councilor Reyes and unanimously approved by the
Council Members present [8-0][Council Vice President Rivera was absent from the
Doc. 205/13: Transient Vendor License – 104 Olive Avenue – Raymond Gonzalez –
in the form of a motion to approve the item, seconded by Councilor Reyes and
Rivera was absent from the Council Chamber at the time the vote was recorded].
Doc. 206/13: Top Notch Network – Request permission to use the Campagnone
Common Park on September 14, 2013 from 10 am to 1 pm - 2nd Annual Children’s
Cancer Walkathon – Joanna de Peña – Ord. Cmt. – Approved
Vasquez and unanimously approved by the Council Members present [8-0] ][Council
410
Vice President Rivera was absent from the Council Chamber at the time the vote was
recorded].
Doc. 214/13: Gladiator Health & Athletics Youth Football and Basketball, Inc. –
Request permission for “Tag Days’ on October 12th & November 16th, 2013 from 10
am to 3 pm – Sam Figueroa, President – Ord. Cmt. - Approved
Reyes.
Juan Pacheco appeared on behalf of the petitioner and provided information about
the event to the Council Members present.
Upon no further discussion, comment or inquiry, the Council Members present
voted unanimously [9-0] to approve the petition presented.
Doc. 216/13: Lawrence Civil War Memorial Guard – Request permission to use the
Campagnone Common Park for their 11th Annual Civil War Weekend Event on
Fri., Sept.20, Sat., Sept. 21, and Sun., Sept. 22, 2013 – Joseph G. Bella, Secretary –
of the Ordinance Committee recommending the approval of the petition presented for
consideration of approval. The report was presented in the form of a motion to approve
the item presented, seconded by Councilor Reyes and unanimously approved by the
411
Doc. 217/13: Dedication – Canal Street Bridge–Staff Sgt. Alex Jimenez–Council
Pres. Moran–Ord. Cmt. & Public Hearing ordered
report was presented in the form of a motion to order a public hearing, seconded by
Council Vice President Rivera and unanimously ordered to a public hearing by the
Doc. 223/13: Police Department Grant Award – [$243,636.00] – Mark J. Ianello,
Finance Director – Budget and Finance Cmt. - Approved
of the Ordinance Committee to approve the grant proposal as presented. The report was
presented in the form of a motion to approve the item, seconded by Councilor Vasquez
Doc. 225/13: Review and Acceptance of two HUD Supportive Housing Program
Grants – Home at Last and Homes for Veterans – [$236,343.00] – James H. Barnes,
Community Development Director – Budget and Finance Cmt. - Approved
presented the report of the Budget & Finance Committee to approve the grant proposal as
412
presented, seconded by Councilor Aquino and unanimously [9-0] approved by the
Doc. 226/13: Frontline Movement Christian Ministry – Request permission to use
the Campagnone Common Park on Sunday, September 29th, 2013 from 11 am to
4 pm – to celebrate their 1st Anniversary – Tomas Orta, Pastor –
presented in the form of a motion to approve the item presented, seconded by Councilor
Doc. 228/13: Lawrence Evangelic Church – Request permission to use the
Campagnone Common Park [corner of Lawrence and Haverhill Streets across
from the Library] on Sept. 7th, 14th, 21st and 28th, 2013 - Oct. 5th, 12th, 19th and 26th,
2013, - Nov. 2nd,16th, 23rd and 30th, 2013 – Dec.+ 14th, 21st and 28th, 2013 – from 12
noon to 3 pm for Religious Services–Eulalia Feliz – Ord. Cmt. – Approved
presented in the form of a motion to approve the item presented, seconded by Councilor
Doc. 230/13: Appointment –Cultural Council–Ms. Kristin Wallace –210 Merrimack
St. #410, Lawrence, MA- Mayor Lantigua-Pers. Cmt. – Charter Objection
413
report of the Personnel Committee to approve the appointment of Ms. Kristin Wallace as
a member of the Cultural Council. The report was presented in the form of a motion to
approve the appointment which was seconded by Councilor Twomey.
that the individuals recommended for the various boards and commissions by Mayor
Lantigua are all superbly qualified to fill the positions as recommended. He stated that he
will support the recommendations recommended for confirmation of the City Council.
Upon being granted the floor, Councilor Laplante asked if the Personnel
Committee received the names of other applicants. Councilor Almonte informed the
Council Members that the Personnel Committee did not receive the names of any other
applicants to any of the boards or commissions presented for consideration. Councilor
Laplante stated that the information was requested timely and that a request of the City
Council voting 9-0 to obtain the information should have been provided as requested.
Councilor Laplante then presented a motion to “table” the item. The motion was
seconded by Council Vice President Rivera and the Council Members present defeated
the motion by roll call vote as follows: Yes-3; No-6
414
Council President Moran stated that the information requested was for
information that may be helpful but is not within the jurisdiction of the City Council to
request. He stated that he believes that the information requested was likely not provided
for that reason. He informed the Council that Mayor Lantigua is only required to forward
a recommendation for each of the available positions on the boards and commissions
subject to appointment and the Council Members are then charged with the responsibility
to either approve or disapprove the individual presented for consideration.
Upon being granted the floor, Councilor Bernal stated that the information
requested by vote of the Council Members should have been provided as requested and
that it is a derogation of the process not to provide information necessary to consider
appointment to the various boards of the City of Lawrence.
Councilor Laplante then entered a Charter Objection pursuant to City Charter sec.
3.8(c) ceasing any further proceedings regarding the item presented until the next
meeting of the Lawrence City Council.
Doc. 231/13: Appointment – Cultural Council – Ms. Joanna Infante–489 So.
Broadway Apt. 13, Lawrence, MA-Mayor Lantigua-Pers.Cmt – Charter Objection
report of the Personnel Committee to approve the appointment of Ms. Joanna Infante as a
member of the Lawrence Cultural Council. The report was presented in the form of a
motion to approve the appointment as recommended which was seconded by Councilor
Reyes.
415
Upon being granted the floor, Councilor Vasquez stated that in his opinion
anyone currently employed by the City of Lawrence should not be permitted to serve on
any board or commission because it presents a conflict of interest.
Council President Moran stated that recommending several recommendation for
consideration by the City Council Members creates a conflict for the Council Members
and that only one individual should be presented for consideration of approval.
Chief Economic Development Director Patrick Blanchette stated that it appears
all the recommended appointments for the consideration of the Council Members will be
subject of a “Charter Objections” and suggested that all remaining items submitted for
approval be taken in “block form” in order to expedite the process and allow those
individuals being recommended and present at the meeting be allowed to leave early
rather than subject them to the parliamentary process that will not have any result this
evening.
Upon being granted the floor, Council Vice President Rivera stated that
individuals for the various boards and commissions should be drawn from people who do
not currently employed by the City of Lawrence in order to allow for greater participation
from individuals who are not presently members of any City of Lawrence staff to prevent
any possibility of a conflict of interest for political reasons and to permit a fresh view
from outside of City Hall employees.
that he carefully reviewed the recommendations and believes all applicants more than
416
qualified to serve the City of Lawrence in the recommended positions.
Upon being granted the floor, Councilor Laplante suggested that the proper
method of proceeding would be to present each of the recommended candidates for the
various positions and to allow discourse through the proceedings to take place. He stated
that the difficulty presented is that a list of applicants was not provided to the Council
despite an affirmative and unanimous vote of the Council requesting information that
would assist the Council Members in its decision making process. He stated that he is
not prepared to consider or approve any of the individuals recommended because the
information requested was not provided.
Councilor Laplante then presented a motion to “table” the item presented for
consideration which was seconded by Councilor Bernal and defeated by roll call vote of
the Council Members present as follows: Yes-3; No-6
Upon conclusion of the vote, Councilor Laplante entered a Charter Objection
pursuant to City Charter Sec. 3.8(c) ceasing any further proceedings regarding the item
presented until the next meeting of the Lawrence City Council.
417
Council President Moran suggested that the Council Members consider that the
information subject to the request of the Council Members as voted is not likely to be
produced even if all matters are taken up on another date. He stated that if the Council
fails to take action on the items presented within the thirty day time period as required by
the City Charter, the individuals recommended by Mayor Lantigua will be automatically
approved as members of the various boards and commissions as recommended.
Upon being granted the floor, Councilor Almonte commented that the applicants
took the time to be present and stated that they deserve the consideration of the City
Council Members this evening. A discussion ensued between Councilor Almonte and
Council President Moran regarding the lack of information despite being timely
requested by the City Council. Councilor Almonte concluded by offering an apology to
the applicants who appeared at the City Council Meeting this evening.
that Documents 234/13, 236/13, 237/13, 240/13, 242/13, 245/13, 246/13, 247/13, 248/13,
251/13, 252/13, and 256/13 be presented “in block form”. The motion was seconded by
Councilor Aquino.
Upon being granted the floor, Councilor Laplante presented a motion to exclude
Doc. 240/13 from the block stating that the individual recommended to fill the position
on the Lawrence Housing Authority is an appointment that is required by statute. He
cited G.L. c. 121B, sec. 5 as the controlling authority concerning this particular
appointment recommended for consideration of approval. A discussion ensued between
418
Councilor Laplante and Council President Moran regarding proceedings on this item.
Upon being recognized, Councilor Aquino stated that the over-riding issue for the
Council is presentment of all the recommendations for the various boards and
commissions and not any single recommendation.
Upon no further discussion, comment or inquiry the motion to take the documents
cited by Council Vice President Rivera “in block form” was defeated by roll call vote of
the Council Members present as follows: Yes-4; No-5
Councilor Vasquez – No
Doc. 234/13: Appointment – Airport Commission – Mr. David Abate–7 Liberty
Ave., Lawrence, MA – Mayor Lantigua – Pers. Cmt. – Charter Objection
report of the Personnel Committee to approve the appointment of Mr. David Abate as a
member of the Lawrence Airport Commission. The report was presented in the form of a
motion to approve Mr. Abate as recommended which was seconded by Councilor
Twomey.
Upon being granted the floor, Councilor Twomey stated that Mr. Abate is
eminently qualified for the available position.
419
Upon being granted the floor, Council Vice President Rivera asked Director
Patrick Blanchette to present the Administration’s opinion as to the qualifications of Mr.
Abate in relation to other candidates expressing an interest in serving on the Airport
Commission. Director Blanchette stated that it is not worth following the process at the
current juncture of the proceedings.
Upon being granted the floor, Councilor Twomey stated that the Council
Members are bound to vote on the recommendations presented despite any other
applicants.
Upon being granted the floor, Councilor Bernal suggested that it is important to
know the names of all applicants in order to make an informed decision on the applicants
presented for consideration in the decision making process. A discussion ensued between
Councilor Bernal and Council President Moran regarding the use of advance information
concerning other applicants.
Upon being granted the floor, Councilor Laplante presented a motion to “table”
Doc. 234/13. The motion was seconded by Councilor Bernal and the Council Members
present voted to defeat the motion to “table” as follows: Yes-2; No-7:
420
Upon being granted the floor, Councilor Laplante stated Mayor Lantigua has
ignored and disregard any and all requests by the Council Members for information about
applicants for any available position through the years.
Councilor Laplante then entered a Charter Objection pursuant to City Charter Sec.
3.8(c) ceasing any further proceedings regarding the item presented until the next
meeting of the Lawrence City Council.
that Documents 236/13, 237/13, 240/13, 242/13, 245/13, 246/13, 247/13, 248/13, 251/13,
252/13, and 256/13 be presented “in block form”. The motion was seconded by
Councilor Aquino and approved by the Council Members present by roll call vote as
follows: Yes-5; No-4
Upon being granted the floor, Councilor Almonte presented a motion to “table”
the above cited documents as a block. The motion was seconded by Councilor Bernal
and the Council Members present defeated the motion to “table” by roll call vote as
follows: Yes-3; No-6:
421
to approve the above cited documents as a block which was seconded by Councilor
Almonte.
Councilor Laplante then entered a Charter Objection pursuant to City Charter Sec.
3.8(c) ceasing any further proceedings regarding the following items presented until the
next meeting of the Lawrence City Council:
236/13
237/13
240/13
242/13
245/13
246/13
247/13
Appointment – Airport Commission – Mr. William Collins–1 Platt
Ct., Lawrence, MA – Mayor Lantigua – Pers. Cmt.Charter Objection
Appointment – Airport Commission – Ms. Aldonsa Pereyra–97
Marble Ave., Lawrence, MA – Mayor Lantigua –Pers. Cmt.
Charter Objection
Appointment– Lawrence Housing Authority–Mr. Patrick Driscoll –
60 Rollins St., Lawrence, MA-Mayor Lantigua-Pers. Cmt
Charter Objection
Appointment – Lawrence Redevelopment Auth.–Mr. Jimmy
Miranda-164 Andover St., Lawrence, MA-Mayor Lantigua-Pers
Charter Objection
Appointment –Historical Commission–Ms. Kate Hernandez – 21
Beaconsfield St., Lawrence, MA – Mayor Lantigua – Pers.
Charter Objection
Appointment - Historical Commission–Mr. David Meehan – 79 Pearl
St., Lawrence, MA – Mayor Lantigua – Pers. Cmt.
Charter Objection
Appointment – Historical Commission – Mr. Jonas Stundzia – 37
Bruce St., Lawrence, MA – Mayor Lantigua – Pers. Cmt.
Charter Objection
422
248/13
251/13
252/13
256/13
Appointment – Planning Board – Ms. Enny Bernabel – 99 Marble
Avenue, Lawrence, MA – Mayor Lantigua – Pers. Cmt.
Charter Objection
Appointment – Planning Board – Ms. Alexandra Serrano – 1056
Essex St., Lawrence, MA – Mayor Lantigua – Pers. Cmt.
Charter Objection
Appointment – Planning Board – Mr. David Quarrell – 191 Maple St.
Apt. 3K, Lawrence, MA – Mayor Lantigua – Pers. Cmt
Charter Objection
Appointment – Zoning Board of Appeals–Mr. Richard Rivera – 98
Andover St., Lawrence, MA – Mayor Lantigua-Pers.Cmt
Charter Objection
8:32 p.m. - Councilor Vasquez presented a motion to recess Council proceedings
which was duly seconded by Council Vice President Rivera and unanimously [9-0]
approved by the Council Members present by roll call vote as follows:
At 8:52 p.m. Council Vice President Rivera presented a motion to terminate
recess and resume proceedings which was duly seconded by Councilor Vasquez and
IX. NEW BUSINESS:
Doc. 259/13: Lawton Boxing Gym, Inc. – Request permission to allow boxers, staff
and parents to stand at the corner of Broadway, Spruce Street and the four corner
of South Union Street on Saturday, October 5, and Sunday, October 6, 2013 for Tag
Days from 10 am to 2 pm to raise funds for their Boxing Gym – Gloria E.
Candelario – Emergency/Approved
suspend the Rules of the City Council and to declare the above item and emergency
423
measure in order to immediate address the item. The motion was seconded by Councilor
Almonte and unanimously approved the Council Members present [9-0].
the item presented. The motion was seconded by Councilor Almonte and the Council
Members present voted unanimously [9-0] to approve the petition as presented.
Doc. 259/13: Emergency/Approved
X. WITHDRAWALS:
Doc. 192/13: National Grid and Verizon – Request permission to locate poles,
wires and fixtures on Kent Street – Ord. Cmt. – Withdrawn
from the City Council Agenda which had been pending before the Ordinance Committee
stating that the petition was approved as emergency construction by City Engineer
Andrew Wall on July 30, 2013. She stated that Council action was no longer needed and
the installation subject to the petition has been completed. The motion was seconded by
Councilor Almonte and Council Members present voted unanimously to withdraw the
item from the City Council Agenda [9-0].
Doc. 243/13: Appointment – Board of Registrars – Mr. Victor De Jesus – 3 Steiner
St., Lawrence, MA - Mayor Lantigua- Pers. Cmt. - Withdrawn
above matter from the City Council Agenda previously pending before the Personnel
Committee. Councilor Almonte explained that the item is being withdrawn at the request
424
of Mayor Lantigua. The motion was seconded by Councilor Twomey and Council
Members present voted unanimously to withdraw the item from the City Council Agenda
[9-0].
Doc. 253/13: Appointment – Zoning Board of Appeals–Ms. Jennifer Lopez -312
Water St., Apt. 38, Lawrence, MA- Mayor Lantigua-Pers. – Withdrawn
[9-0].
Doc. 254/13: Appointment – Zoning Board of Appeals–Ms. Dahianara Liranzo –
246 Jackson St., Lawrence, MA–Mayor Lantigua-Pers. - Withdrawn
[9-0] [Council President Moran voted to Abstain].
425
Doc. 255/13: Appointment – Zoning Board of Appeals – Ms. Sandra Padilla – 3
Steiner St., Lawrence, MA – Mayor Lantigua –Pers. Cmt - Withdrawn
Upon being recognized, Councilor Almonte presented a motion to withdraw the above
matter from the City Council Agenda previously pending before the Personnel
[9-0].
XI. OLD BUSINESS:
Doc. 295/05: Disposition – 491 Hampshire Street-proposed amendment to
conditions of prior sale – Dan McCarthy, Land Use Planner – Ref. to Housing Cmt.
Doc. 16/13: Junk Dealer/Collector License–Auto Recyclers Group– 48-50 Medford
St.–Request to Amend License –Roger-A-Farah – Approved
Upon being granted the floor, Councilor Bernal presented the above matter
explaining to the Council Members that the license holder has requested to amend the
title of the license to “Auto Recyclers, LLC” to include its limited liability corporate
status. Councilor Bernal then posed questions to the petitioner [Roger Farah] regarding
the request presented.
Councilor Bernal then presented a motion to approve the item as presented. The
motion was seconded by Councilor Almonte and the Council Members present
unanimously approved the petition as presented [9-0].
426
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
248/12
48/13
Misuse of Funds legal options–Compt. David Camasso & City Atty.
Charles Boddy – Counc. Maldonado
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Permit Parking–street designated–Section 10.40.060–Trenton St. from
Lawrence St. to Park St. – all day 7 days a week - Council Vice Pres.
Moran
Public Hearing
XIII. NEW BUSINESS:
Doc. 260/13: Handicapped Parking – DELETE – 62 Ames Street –
Counc. Laplante – Public Hearing Ordered
427
Suspend the Rules of the City Council and to declare the above item and emergency
measure in order to immediate address the item. The motion was seconded by Councilor
Almonte and unanimously approved the Council Members present [9-0].
Upon being granted the floor, Councilor Laplante presented a motion to order a
public hearing on the measure presented. The motion was seconded by Councilor Bernal
and the Council Members present voted unanimously to order a public hearing on the
item [9-0].
257/13
258/13
261/13
262/13
263/13
Resident Parking – Oak Street – entire length – DELETE - resident
parking ordinance– Counc. Reyes – Ref. to Ord. Cmt.
Knox Street – proposed one way – Counc. Reyes – Ref. to Ord. Cmt.
Fire Department Grant Award – [$22,030.00] – Mark J. Ianello, Finance
Second Hand Dealer License – 139 Water Street – Victor C. Fernandez –
Ref. to Ord. Cmt.
Handicapped Parking – Melrose Street – DELETE – Council Pres. Moran
XIV. ADJOURNMENT:
ADJOURNED
(09:06p.m.)
Attest:
William J. Maloney
City Clerk
428
DATE: Wednesday, September 11, 2013
A SPECIAL MEETING of the City Council was held on Wednesday,
September 11, 2013 at 7: 12 p.m. in the City Council Chamber with all Members present
except for Councilor Laplante.
Approximately Twenty-two [22] persons were present.
I. ACCEPTANCE OF MINUTES: None
VIII. OLD BUSINESS:
Doc. 230/13: Appointment –Cultural Council–Ms. Kristin Wallace –210 Merrimack
St. #410, Lawrence, MA- Mayor Lantigua – Charter Objection – Approved
Council President Moran introduced the item reminding the Council Members
that the item was subject to a Charter Objection entered by Councilor Laplante at the last
meeting of the City Council and that the items is presented for consideration of the
Council Members.
429
[Wednesday, September 11, 2013]
appointment as recommended which was seconded by Councilor Aquino.
the individual recommended for the available position stating her reasons for interest in a
position with the Cultural Council.
Upon being granted the floor, Councilor Twomey spoke in favor of the individual
presented for approval and stated he would be voting in favor of this applicant
commenting that all applicants demonstrated excellent qualifications.
voted unanimously [8-0] to approve the appointment of Ms. Kristin Wallace to the
Cultural Council as recommended.
Doc. 231/13: Appointment – Cultural Council – Ms. Joanna Infante–
489 So. Broadway Apt. 13, Lawrence, MA-Mayor Lantigua –
Charter Objection – Approved
Council President Moran introduced the item reminding the Council Members
that the item was subject to a Charter Objection entered by Councilor Laplante at the last
meeting of the City Council and that the items is presented for consideration of the
Council Members.
Upon being granted the floor, upon inquiry by Councilor Reyes the applicant
430
stated that she is presently an employee of the City of Lawrence.
Upon being granted the floor, Councilor Bernal confirmed the position is an
unpaid position and informed the Council Members that there are two vacant seats on the
Cultural Council to be filled.
Patrick J. Blanchette, Chief Economic Development Director, provided
information to the Council Members about the format and membership of the Cultural
Council. A discussion ensued between Director Blanchette and Councilor Bernal
regarding possible conflict of interest issues that may arise due to City Employees who
are also approved to serve on Boards and Commissions.
Upon being granted the floor, Councilor Twomey stated that he will be voting in
favor of all applicants based on their ability to serve in the position.
Upon no further discussion, comment or inquiry the Council Members present to
approve the appointment of Ms. Joanna Infante as a member of the Cultural Council by
the following roll call vote: Yes-6; No-2; Absent-1
Council President Moran - Yes
431
Doc. 234/13: Appointment – Airport Commission – Mr. David Abate–7 Liberty
Ave., Lawrence, MA – Mayor Lantigua –Charter Objection – Approved
Council President Moran introduced the item and called upon the Council
Members to consider the approval of Mr. David Abate recommended by Mayor Lantigua
to serve as a member of the Lawrence Airport Commission.
to approve the item presented which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Twomey spoke in favor of approving the
applicant presented.
voted unanimously [8-0] to approve the appointment of Mr. David Abate as a member of
the Lawrence Airport Commission.
Doc. 236/13: Appointment – Airport Commission – Mr. William Collins–
1 Platt Ct., Lawrence, MA – Mayor Lantigua – Charter Objection – Approved
Members to consider the approval of Mr. William Collins recommended by Mayor
Lantigua to serve as a member of the Lawrence Airport Commission.
Upon being granted the floor, Councilor Twomey spoke in favor or approving the
applicant as recommended.
432
Upon being granted the floor, Councilor Vasquez posed questions to Mr. Collins
who stated that he is not presently employed by the City of Lawrence.
voted unanimously [8-0] to approve the appointment of Mr. William Collins as a member
of the Lawrence Airport Commission.
Doc. 237/13a: Appointment – Airport Commission – Ms. Aldonsa Pereyra–97
Marble Ave., Lawrence, MA – Mayor Lantigua – Charter Objection - Approved
Members to consider the approval of Ms. Aldonsa Pereyra as recommended by Mayor
Lantigua to serve as a member of the Lawrence Airport Commission.
to approve the item presented, which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Bernal stated that Ms. Pereyra is a new
applicant seeking confirmation to the Lawrence Airport Commission.
Upon being granted the floor, Councilor Vasquez spoke favorably of the applicant
and stated that he would be voting to approve the recommended appointment.
Upon being granted the floor, Councilor Twomey read the application submitted
and spoke in favor of approving the applicant to the position as recommended.
433
voted unanimously [8-0] to approve the appointment of Ms. Aldonsa Pereyra as a
member of the Lawrence Airport Commission.
Doc. 240/13: Appointment– Lawrence Housing Authority–Mr. Patrick Driscoll – 60
Rollins St., Lawrence, MA-Mayor Lantigua – Charter Objection - Approved
Members to consider the approval of Mr. Patrick Driscoll recommended by Mayor
Lantigua to serve as a member of the Lawrence Housing Authority.
Upon being granted the floor, Councilor Twomey read a letter of recommendation
from Merrimack Valley Central Labor Council.
Upon being granted the floor, Councilor Vasquez posed questions to Economic
Development Director Patrick J. Blanchette about the Union and State Law requirements
for representation on the Lawrence Housing Authority. Councilor Vasquez informed the
Council Members that Patrick Driscoll is currently an employee of the City of Lawrence
who is also a Union Member. Councilor Vasquez stated that he will vote against Mr.
Driscoll’s appointment to the Lawrence Housing Authority based on the fact that he is a
City Employee and it would be inconsistent to vote otherwise.
A discussion ensued between Council Vice President Rivera and Mr. Driscoll
regarding further clarifying Mr. Driscoll’s position with the City of Lawrence Fire
434
Department and his union membership.
voted to approve the appointment of Mr. Patrick Driscoll to the Lawrence Housing
Authority as follows: Yes-6; No-2; Absent-1
Doc. 242/13: Appointment – Lawrence Redevelopment Auth.–Mr. Jimmy Miranda164 Andover St., Lawrence, MA-Mayor Lantigua – Charter Objection - Approved
Members to consider the approval of Mr. Jimmy Miranda recommended by Mayor
Lantigua to serve as a member of the Lawrence Redevelopment Authority.
Upon being granted the floor, Councilor Vasquez in favor of approving the
applicant.
435
voted unanimously [8-0] to approve the appointment of Mr. Jimmy Miranda as a member
of the Lawrence Redevelopment Authority.
Doc. 245/13: Appointment –Historical Commission–Ms. Kate Hernandez – 21
Beaconsfield St., Lawrence, MA – Mayor Lantigua – Charter Objection- Approved
Members to consider the item presented.
to approve the item presented which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Twomey read the applicants response
into the record regarding her reasons for applying for the position.
voted unanimously [8-0] to approve the appointment of Ms. Kate Hernandez as a member
of the Lawrence Historical Commission.
Doc. 246/13: Appointment - Historical Commission–Mr. David Meehan – 79 Pearl
St., Lawrence, MA – Mayor Lantigua – Charter Objection – Approved
436
Upon being granted the floor, Councilor Vasquez asked the applicant if he had
retired from his teacher position with the City of Lawrence. In response, Mr. Meehan
stated that he is a retired teacher from the Lawrence School System.
Upon being granted the floor, Councilor Twomey spoke in favor of the applicant.
voted unanimously [8-0] to approve the appointment of Mr. David Meehan as a member
Doc. 247/13: Appointment – Historical Commission – Mr. Jonas Stundzia – 37
Bruce St., Lawrence, MA – Mayor Lantigua – Charter Objection – Approved
voted unanimously [8-0] to approve the appointment of Mr. Jonas Stundzia as a member
Doc. 248/13: Appointment – Planning Board – Ms. Enny Bernabel – 99 Marble
Avenue, Lawrence, MA – Mayor Lantigua – Charter Objection - Approved
437
the item presented, which was seconded by Councilor Almonte.
Upon being granted the floor, Councilor Bernal discussed the function of the
Planning Board and responsibility of Board Members.
Upon being granted the floor, Council Vice President Rivera spoke in favor of the
applicant.
voted unanimously [8-0] to approve the appointment of Ms. Enny Bernabel as a member
of the Planning Board.
Doc. 251/13: Appointment – Planning Board – Ms. Alexandra Serrano – 1056 Essex
St., Lawrence, MA – Mayor Lantigua – Charter Objection- Approved
the item presented which was seconded by Councilor Aquino and unanimously [8-0]
Doc. 252/13: Appointment – Planning Board – Mr. David Quarrell – 191 Maple St.
Apt. 3K, Lawrence, MA – Mayor Lantigua – Charter Objection – Approved
438
Upon being granted the floor, Councilor Bernal discussed the importance of the
Planning Board and provided a summary of the duties and responsibilities of its
members.
voted unanimously [8-0] to approve the appointment of Mr. David Quarrell as a member
of the Planning Board.
Doc. 256/13: Appointment – Zoning Board of Appeals–Mr. Richard Rivera – 98
Andover St., Lawrence, MA – Mayor Lantigua – Charter Objection – Approved
the item presented which was seconded by Councilor Almonte.
Upon being granted the floor, Councilor Bernal discussed the possibility of
waiving the stipend paid for serving as a member of the Zoning Board.
voted o approve the appointment of Mr. Richard Rivera as a member of the Zoning Board
of Appeals as follows: Yes-6; No-2; Absent-1
439
Council President Moran - Yes
Doc. 232/13: Appointment – Airport Commission – Mr. Vinicio Frometa – 16 Park
Street Apt. 1, Lawrence, MA – Ref. to Pers. Cmt. – Defeated
report of the Personnel Committee with an unfavorable recommendation from the
Personnel Committee. The report was presented in the form of a motion to deny the
appointment of the applicant which was seconded by Councilor Twomey.
Upon being granted the floor, Councilor Twomey stated that he would not be
voting in favor of the appointment of Mr. Frometa as a member of the Lawrence Airport
Commission.
Upon no further comment, discussion or inquiry by the Council Members
Members who voted as follows on the motion to deny appointment of Mr. Frometa as a
member of the Lawrence Airport Commission: Yes -7; No – 1; Absent – 1:
Councilor Sandy Almonte – Yes
440
Councilor Marc Laplante - Absent
Doc. 232/13: Defeated
Doc. 233/13: Appointment – Airport Commission – Mr. Geoffrey Fulgione -561
Salem Street, North Andover, MA- Ref. to Pers. Cmt. – Approved
report of the Personnel Committee with a favorable recommendation for the approval of
Mr. Fulgione as a member of the Lawrence Airport Commission. The report was
presented in the form of a motion to approve the recommended appointment which was
Upon being granted the floor, Councilor Bernal spoke in favor of the applicant.
Director Blanchette stated the applicant will be filling the position left vacant by former
member William Pedrick whose term expired in 2010.
Upon being granted the floor, Councilor Twomey spoke favorably of the
applicant.
Upon no further comment, discussion or inquiry by the Council Members present
the Council Members voted unanimously [8-0] to approve Mr. Geoffrey Fulgione as a
member of the Lawrence Airport Commission.
Doc. 235/13: Appointment – Airport Commission – Mr. Giovanni Bonet – 33
Dartmouth Street, Lawrence, MA- Ref. to Pers. Cmt. – Deferred
441
report of the Personnel Committee as a motion to receive the report without a
recommendation. The motion was seconded by Council Vice President Rivera and
unanimously [8-0] approved by the Council Members present to receive the report of the
Personnel Committee without a recommendation.
to deny the appointment of the applicant presented which was seconded by Councilor
Twomey.
Upon being granted the floor, Councilor Vasquez posed questions about the
applicant to Chief Economic Development Director Patrick J. Blanchette.
Upon being granted the floor, Councilor Almonte stated that she favors the
approval of the applicant.
Upon being granted the floor, Councilor Twomey stated the applicant has
excellent credentials but has some reservations about approving an appointment where
the applicant is the son of Frank Bonet who presently serves as the Personnel Director for
the City of Lawrence. He stated further that he cannot support the appointment of the
applicant for this reason.
Upon no further comment, discussion or inquiry by the Council Members
present, Council President Moran called the motion to deny the approval of the applicant
to the attention of the Council Members present which was defeated by vote of the
Council Members as follows: Yes-4; No-4; Absent-1
442
the appointment of Mr. Giovanni Bonet. The motion was seconded by Councilor
Almonte and the Council Members present voted to defeat the motion as follows: Yes-4;
No-4; Absent-1
Council President Moran commented on the “deadlock” vote of Council
concerning the petition for the appointment of Mr. Giovanni Bonet and stated that it
would be more productive to address the item later is the session to allow the Council
Members greater time to consider the matter presented. Council President Moran then
deferred the matter to be addressed later in the session.
Doc. 235/13: Deferred to Later in the Session
Doc. 238/13: Appointment – Lawrence Housing Authority – Mr. Steven Kfoury -37
Jefferson Street, Lawrence, MA- Ref. to Pers. Cmt. – Approved
443
report of the Personnel Committee with a favorable recommendation to approve the
applicant as recommended. The report was presented in the form of a motion to approve
the appointment of Mr. Kfoury as a member of the Lawrence Housing Authority which
was seconded by Councilor Aquino and unanimously approved by the Council Members
present [8-0].
Doc. 239/13: Appointment – Lawrence Housing Authority – Ms. Lydia Bonilla –
57 Marble Avenue, Lawrence, MA- Ref. to Pers. Cmt. – Approved
motion to receive the report of the Personnel Committee without a recommendation. The
motion was seconded by Councilor Aquino and the Council Members present voted
unanimously [8-0] to receive the report of the Personnel Committee.
the appointment of Ms. Lydia Bonilla as a member of the Lawrence Housing Authority
which was seconded by Councilor Reyes.
Upon being granted the floor, Councilor Twomey stated that he will not vote in
favor of the applicant.
Upon no further comment, discussion or inquiry by the Council Members present,
Council President Moran called the motion for approval of the applicant to the attention
of the Council Members present who voted to approve the appointment of Ms. Lydia
Bonilla as a member of the Lawrence Housing Authority as follows: Yes-5; No-3;
Absent-1
444
Doc. 241/13: Appointment – Human Rights Commission – Ms. Stephanie Diaz
Gonzalez –51 High Street, Law. MA - Ref. to Pers. Cmt. –
Withdrawn Without Prejudice
motion to receive the report of the Personnel Committee. The motion was seconded by
Councilor Vasquez and the Council Members present voted unanimously [8-0] to receive
the report of the Personnel Committee.
the appointment of Ms. Stephanie Diaz Gonzalez as a member of the Human Rights
Commission which was seconded by Councilor Reyes.
A discussion ensued among some of the Councilor Members concerning the
applicant’s interest in the position. It was noted that the applicant was not present or
available at the Council Meeting for direct inquiry.
Upon being granted the floor, Council Vice President Rivera asked Chief
Economic Development Director Blanchette if the applicant was still interested in serving
as a member of the Human Rights Commission and suggested that the Council Members
445
consider withdrawing the item without prejudice so the Council may revisit the item if
necessary.
Upon being recognized, Councilor Vasquez presented a motion to withdraw the
item from the Council Agenda without prejudice. The motion was seconded by
Doc. 241/13: Withdrawn Without Prejudice
Doc. 244/13: Appointment - Historical Commission – Mr. Frank Giles –
73 Fern Street, Lawrence, MA – Ref. to Pers. Cmt.
At the request of Council President Moran, Councilor Almonte presented a motion
to receive the report of the Personnel Committee. The motion was seconded by Councilor
Reyes and the Council Members present voted unanimously [8-0] to receive the report of
the Personnel Committee.
the appointment of Mr. Frank Giles as a member of the Lawrence Historical Commission
which was seconded by Councilor Reyes and unanimously [8-0] approve by the Council
Members present.
Doc. 249/13: Appointment – Planning Board – Ms. Yakaira Inoa – 142 Andover
Street, Lawrence, MA- Ref. to Pers. Cmt. - Approved
Ms. Yakaira Inoa as a member of the Planning Board. The report was presented in the
446
form of a motion to approve Ms. Inoa as recommended which was seconded by
Councilor Twomey and unanimously [8-0] approved by the Council Members present.
Doc. 250/13: Appointment – Planning Board – Mr. Antonio Reynoso – 201 Essex
Street Apt. 304, Lawrence, MA – Ref. to Pers. Cmt. - Approved
Mr. Antonio Reynoso as a member of the Planning Board. The report was presented in
the form of a motion to approve the applicant as recommended which was seconded by
Councilor Aquino and unanimously [8-0] approved by the Council Members present.
Doc. 235/13: Appointment – Airport Commission – Mr. Giovanni Bonet – 33
Dartmouth Street, Lawrence, MA- Ref. to Pers. Cmt. – Tabled
Council President Moran re-introduced the above matter citing the impasse
occurring earlier in the session and asked the Council Members for their further
consideration.
appointment of Mr. Giovanni Bonet as a member of the Lawrence Airport Commission.
The motion was seconded by Councilor Aquino and the Council Members defeated the
motion for approval as follows: Yes-4; No-4; Absent-1
447
to deny the appointment of Mr. Giovanni Bonet as a member of the Lawrence Airport
Commission which was seconded by Councilor Bernal.
A discussion ensued between Councilor Bernal and Council President Moran
regarding the stalemate vote of Council.
Director Patrick Blanchette informed the Council Members that the applicant
would be filling a position of a former member whose term had expired.
Upon no further discussion the Council Members present defeated the motion to
deny the appointment of Mr. Giovanni Bonet as a member of the Lawrence Airport
Commission as follows: Yes-4; No-4; Absent – 1
Upon being recognized, Councilor Aquino presented a motion to “table” the item
which was seconded by Councilor Vasquez and approved by vote of the Council
Members present as follows: Yes-5; No-3; Absent-1
448
Doc. 235/13: Tabled
IX. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
291/05
124/12
85/12
201B/12
278/12
284/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Moran
449
248/12
48/13
222/13
Public Hearing
Lawrence Mural Arts Program – [Youth to present a slideshow of their art
work over the summer] – Counc. Almonte
X. NEW BUSINESS: - None
XI. ADJOURNMENT:
Vasquez, the Council Members present voted unanimously to adjourn [8-0].
ADJOURNED
(08:07p.m.)
Attest:
William J. Maloney
City Clerk
450
DATE: Thursday, September 19, 2013
A REGULAR MEETING of the City Council was held on Thursday,
September 19, 2013 at 7: 00 p.m. in the City Council Chambers with all Members
present except Councilor Reyes [arriving at 7:14 p.m.] and Council Vice President Rivera
[arriving at 7:20 p.m.].
Approximately Twenty-seven [27] persons were present.
Council President Moran informed the Council Members that the minutes of City
Council Meeting conducted September 3, 2013 were submitted by the City Clerk for
minutes presented for consideration which was seconded by Councilor Aquino and
Richard Russell, 34 Cross Street, Lawrence, MA asked if the Council can
451
[Thursday, September 19, 2013]
reprimand Mayor Lantigua for distributing stickers with the name of Cara Martinoli on
them to be affixed to ballots in District Councilor race in District F where Councilor
Marc Laplante is the sole candidate for that office and Cara Martinoli is a candidate for
Councilor at Large throughout the City. He commented that although the tactic is not
“illegal” it is not fair to both candidates in their respective efforts to move to the final
election.
[Councilor Reyes arrived at 7:14 p.m.]
Doc. 117/13: Handicapped Parking – 112 Springfield Street – Onier Garcia – Public
Hearing held – Approved – 30 Days Waived
of the proceedings and invited anyone who wished to be heard on the matter to present
themselves before the Council Members.
Upon a motion to approve the measure presented by Councilor Laplante, as
452
seconded by Councilor Almonte to approve the measure as presented, the Council
Members present voted unanimously [8-0] to approve the measure. [a waiver of any
applicable 30 day waiting period pursuant to City Charter section 3.8(a) was approved by
the Council Members later in the session].
[Council Vice President Rivera arrived at 7:20 p.m.]
149/13 National Grid – Request permission to locate poles, wires and fixtures on
Broadway at intersection of Arlington Street – Jason Dwyer, Supervisor,
Distribution Design – Public Hearing held - Approved
Council Members.
Michelle Stacy appeared on behalf of National Grid and informed the Council
Members of the reason for filing the petition and asked the item be approved to allow the
work necessary to provide homes with electrical service.
the petition as presented which was seconded by Councilor Bernal.
453
Upon being granted the floor, Councilor Vasquez posed questions to Ms. Stacey
regarding double pole locations in the City of Lawrence.
Upon being recognized, Councilor Bernal asked Ms. Stacey to provide the
Council Members with a report detailing the location of double poles in the City of
Lawrence. Councilor Bernal informed the Council Members that National Grid has been
addressing the matter of double pole locations to remove those that are not being used
which has been an ongoing concern of many Lawrence residents and the Council
Members.
Upon a motion to approve the petition presented by Councilor Almonte and
approve the petition.
Doc. 155/13: Proposed Zoning Ordinance Amendments – 320 South Broadway –
John T. Smolak, Esq. - Public Hearing held – Approved
Council Members.
454
John Smolak, the petitioner, informed the Council of his reason for requesting
approval the measure for the consideration of the Council Members. Mr. Smolak
presented drawings, site plans, and depictions to help him with the presentation
requesting the Council Members consider approval of the item as presented. He
concluded by stating that the planned use of the former “Nassar Ford” dealership location
would improve the neighborhood and benefit the residents of the Sacred Heart area.
Brenda [last name unknown], President of Sacred Heart Neighborhood
Association, spoke in favor of the petition.
Wayne Hayes, President of the Mt. Vernon Neighborhood Association, spoke in
support of the petition offered for consideration of approval.
proposed Zoning Ordinance Amendments, which was seconded by Councilor Almonte.
that the neighborhood meetings held were informative and helpful to the residents and all
who attended.
Upon being granted the floor, Councilor Vasquez posed questions to the petition
concerning the planned completion date and asked when the property would be put into
use.
455
Upon being granted the floor, Councilor Laplante asked about the hours of
operation of the convenience store when it is completed. In response, the petitioner
stated that he would respect and follow the area resident’s request that the convenience
store not be open twenty-four hours.
Upon a motion to approve the measure presented by Councilor Bernal and
to approve the measure as presented.
Doc. 193/13: National Grid and Verizon New England – Request permission to
locate poles, wires and fixtures on Leeds Terrace – Jason Dwyer, Supervisor,
Distribution Design -Public Hearing held – Approved
notice regarding the above petition as published. Upon the conclusion of the Clerk’s
456
Upon being granted the floor, Councilor Twomey presented a motion to approve
the item presented. The motion was seconded by Councilor Reyes and unanimously
[8-0] approve by the Council Members present.
Doc. 213/13: Greater Lawrence Vocational High School – MSBA Grant – Repairs –
[$3,126,998.00] - Public Hearing held – Approved
Council Members.
John Lavoie, Superintendent of the Greater Lawrence Technical School,
presented details of the proposed building improvements to the Greater Lawrence High
School Building as well as the financial impact and cost to the regional Cities and Towns
served by the Regional School District.
Mark Ianello, Finance Director for the City of Lawrence, provided the Council
Members with an analysis of the financial obligation the proposed project will create for
the City of Lawrence if the Council Members agree to support the project. He explained
further that each of the Cities and Towns served by the Regional School District have to
457
approve the project and commit to finance the cost of the project that exceeds the amount
of the grant funding provided by the the Massachusetts School Building Association
[hereinafter MSBA] calculated on a pro-rata basis by the number of students who attend
the Regional School from each community.
Superintendent Lavoie provided information concerning the financial obligations
for each of the participating Cities and Towns of the Regional School District.
Finance Director Ianello concerning the anticipated payment schedule resulting from the
unpaid portion of the project due from the City of Lawrence.
Upon being granted the floor, Councilor Laplante asked Director Ianello
additional questions concerning the financial obligation of the City of Lawrence if the
Council were to approve participation in the project.
Rivera, as seconded by Councilor Almonte, the Council Members present voted
unanimously [9-0] to approve item as presented.
IV. TABLED MATTERS:
Doc. 222/13: Lawrence Mural Arts Program – [Youth to present a slideshow of
their art work over the summer] – Counc. Almonte – Presented & Withdrawn
458
Council Vice President Rivera presented a motion to take the above document out
of the order appearing on the City Council Agenda. The motion was seconded by
Council President Moran introduced the item and invited Councilor Almonte to
present the item.
Councilor Almonte presented the item and introduced the members of the
“Youths of the Lawrence Mural Arts Program”. The members presented a slideshow of
art work and murals completed over the summer of 2013. Each member addressed the
Council Members and discussed the program with the Council Members.
Council President Moran and Councilor Laplante complemented the work of the
students and commented on the benefit to the City of Lawrence.
Councilor Almonte completed the presentation, thanked the group members for
their involvement and hard work, and asked the Council Members to withdraw the item
from the Council Agenda. The motion was seconded by Councilor Aquino and
unanimously [7-0] approved by the Council Members present [Councilor Laplante and
Council Vice President Rivera being absent from the Council Chambers when the vote
was recorded].
Doc. 222/13: Presented & Withdrawn
V. PUBLIC HEARINGS:
Doc. 217/13: Dedication – Canal Street Bridge – Staff Sgt. Alex Jimenez – Council
Pres. Moran – Public Hearing held – Approved
At the request of Council President Moran, the City Clerk read the public
459
hearing notice regarding the above as published. Upon the conclusion of the Clerk’s
Upon being granted the floor, Councilor Laplante presented a motion to approve
the item presented. The motion was seconded by Councilor Almonte and the Council
Members present unanimously [9-0] approved the petition as presented.
Doc. 260/13: Handicapped Parking – DELETE – 62 Ames Street –
Counc. Laplante – Public Hearing held - Approved
Council Members.
460
Upon motion of Councilor Laplante, as seconded by Councilor Bernal, the
Council Members present voted unanimously [9-0] to approve the deletion of the
handicapped parking ordinance presented.
VI: Communication from Mayor, City Officials & City Attorney: Doc. 264/13: Stand Up Wireless – Councilor Almonte –
Approved-Pending Completion of Application and Review by City Clerk - Tabled
Council President Moran introduced the item and asked Councilor Almonte to
present the item to the Council Members.
Councilor Almonte presented and explained the item to the Council Members
stating that the company seeking approval to continue soliciting customers from public
property locations in the City of Lawrence.
Upon being granted the floor, Councilor Bernal posed questions about the method
and manner of advertising and sale. [A discussion ensued among the Council Members
regarding canvassing, solicitation and Transient Vending].
Upon being granted the floor, Councilor Almonte discussed the companies'
method of solicitation and how the use of identification for their employees. Councilor
461
Almonte posed questions about coverage and services provided.
Rules of the City Council, and declare the item and emergency measure in order to allow
the Council Members to approve the use of public property locations requested by the
petitioner subject to review and approval by the City Clerk and further directing the
petitioner to apply and obtain any and all additional approvals and licenses the City of
Lawrence may require prior to further solicitation in the City of Lawrence as may be
required by City Ordinance. The motion was seconded by Councilor Bernal and
Upon being granted the floor, Councilor Aquino presented a motion to “table” the
item which was seconded by Councilor Reyes and unanimously [8-0] approved by the
Doc. 264/13: Contingent Approval/Tabled
VII. APPROPRIATIONS-ORDERS-RESOLUTION:
Council Members as appearing on the Agenda which was referred as indicated:
Doc. 271/13: Appropriation Transfer – Fire Department operating accounts –
From: Professional Services to Phone/Fax [$4,500.00] – Mark J. Ianello,
Doc. 111/13: Parking – 54 Union Street – amended – One (20) minute spaces –
Counc. Reyes – Ord. Cmt. & Public Hearing Ordered
462
of the Ordinance Committee recommending a public hearing on the measure be ordered.
present [8-0].
Doc. 262/13: Second Hand Dealer License – 139 Water Street – Renewal – Victor
C. Fernandez – Ord. Cmt. – Approved
Councilor Almonte presented a motion to take the above petition out of the order
appearing on the City Council Agenda. The motion was seconded by Councilor Reyes
of the Ordinance Committee for the approval of the petition presented. The report was
Doc. 229/13: Disposition – Gale Street – Tax Map 187, Lot 110 – The subject real
estate has an area of 771 square feet – approve the sale to Irisenia Rios for
the sum of$771.00 under condition of sale – Richard Burke, Planning Dept. Hous. Cmt. - Approved
Councilor Laplante presented a motion to take the above item out of the order
appearing on the City Council Agenda. The motion was seconded by Councilor Aquino
463
report from the Housing Committee recommending the approval of the transfer of title of
City owned real property located on Gale Street [further identified as Tax Map 187, Lot
110], with conditions, to Irisenia Rios upon the payment of $771.00. The report was
presented in the form of a motion to approve the recommended sale of real property
which was seconded by Councilor Almonte and unanimously [8-0] approved by the
Doc. 261/13: Fire Department Grant Award – [$22,030.00] – Mark J. Ianello,
Finance Director – Budget and Finance Cmt. – Approved/30 days waived
Councilor Twomey presented a motion to take document the above item out of
the order appearing on the City Council Agenda. The motion was seconded by Councilor
report of the Budget and Finance Committee to approve the item as presented. The report
was presented in the form of a motion to approve which was seconded by Councilor
Aquino.
of the manner which the funds obtained from the grant award would be allocated by the
Lawrence Fire Department.
Upon no further comment, inquiry or discussion the Council Members present
unanimously [7-0] approved the item as presented
A further motion presented by Councilor Twomey to waive any applicable 30
464
days waiting period pursuant to section 3.8(a) of The Lawrence City Charter. The motion
was seconded and unanimously approved by the Council Members Present
[7-0][Councilor Bernal and Council Vice President Rivera being absent from the Council
Chamber when the vote was recorded].
Doc. 202/13: State Revolving Fund Loan Program, Drinking Water Projects, SRF
Bonding Approval & Loan Authorization to upgrade water mains [$21,895,000.00] design costs [$1,900,000.00]; State Revolving Fund for Sewer Improvements, SRF
Bonding Approval & Loan Authorization [$1,920,000.00] - TOTAL $25,715,000.00]John Isensee, Acting DPW Director – Budget and Finance Cmt. &
Public Hearing Ordered
Councilor Almonte presented a motion to take the above item out of the order
appearing on the City Council Agenda. The motion was seconded by Councilor Reyes
and unanimously approved by the Council Members present [8-0][Council Vice President
Rivera was absent from the Council Chamber when the vote was recorded].
report of the Budget & Finance Committee to Order a Public Hearing on the measure
presented. The motion was seconded by Councilor Aquino and the Council Members
present voted by roll call vote to order a Public Hearing on the item presented as follows:
Yes-7; Abstain-1; Absent -1
465
Council Vice President Dan Rivera - Absent
[Council Vice President Rivera being absent from the Council Chamber when the vote
was recorded].
Doc. 178/13: Parking–382 Lowell St.–20 minutes–Ortega Multi Services, Inc.–
Counc. Aquino–Ord. Cmt. & Public Hearing Ordered
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, seconded by Councilor Aquino and unanimously
approved by the Council Members present [8-0][Council Vice President Rivera being
Doc. 186/13: Handicapped Parking – 219 East Haverhill Street – Lucia Gonzalez –
Rivera being absent from the Council Chamber when the vote was recorded].
Doc. 218/13: Handicapped Parking – 112A E. Haverhill Street [address amended]–
Bill Collins–Ord. Cmt. & Public Hearing Ordered
466
Doc. 257/13: Resident Parking – Oak Street – entire length –DELETE resident
parking ordinance – Counc. Reyes – Ord. Cmt. & Public Hearing Ordered
Doc. 263/13: Handicapped Parking – Melrose Street – DELETE – Council Pres.
Moran – Ord. Cmt. & Public Hearing Ordered
467
IX. WITHDRAWALS:
Doc. 199/13: LHS Associates – “Bid for Election Printing and Mailing Service
6/21/13”- Jeff Silvestro, President –Budget & Finance Cmt. - Withdrawn
Upon being recognized, Councilor Twomey moved to withdraw the above matter
from the City Council Agenda stating the item was mistakenly added to the Council
Agenda as reported by the Budget and Finance Committee. The motion was seconded
by Councilor Vasquez and Council Members present and unanimously approved [8-0]
was recorded].
Doc. 207/13:
Parking – 311 Lowell Street – 15 minute – Fermin A. Rodriguez –
Ord. Cmt. – Withdrawn
above matter from the City Council Agenda as recommended by the Ordinance
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
was recorded].
X. OLD BUSINESS:
Doc. 220/13: Acceptance of 2013-2014 Safe and Successful Youth Initiative Grant –
Amend Grant amount [from: $413,000. 00 to $495,600.00] – Art McCabe, Manager,
Community Development – Approved
468
the item presented. The motion was seconded by Councilor Bernal and the Council
Members present voted unanimously [8-0] to approve the amended grant amount as
reported by Community Development Manager Arthur McCabe from the original amount
of 413,000. 00 to the new amount of 495,600.00 [Council Vice President Rivera being
Doc. 291/05: Disposition – 79A Brookfield Street – Richard Burke, Planning Dept. Hous. Cmt. – Withdrawn Without Prejudice
Councilor Laplante presented a motion to remove the Doc. 291/05 from the table
which was seconded by Councilor Bernal and unanimously approved by the Council
Upon being granted the floor, Councilor Laplante presented a motion to withdraw
document 291/05 from the Council Agenda without prejudice. The motion was seconded
by Councilor Almonte and the Council Members present voted unanimously [8-0] to
withdrawn Doc. 291/05 without prejudice from the Council Agenda [Council Vice
President Rivera being absent from the Council Chamber when the vote was recorded].
Doc. 291/05: Withdrawn Without Prejudice
XI. TABLED MATTERS:
139/11
188/11
Council Pres. Moran
469
148/11
219/11
39/10
89/12
124/12
85/12
201B/12
278/12
284/12
248/12
48/13
235/13
Ord. Cmt.
Ord. Cmt.
Moran
Public Hearing
Dartmouth Street, Lawrence, MA- Pers. Cmt.
XII. NEW BUSINESS:
265/13
266/13
267/13
Parkland Acquisitions and Renovation for Communities (PARC) Program
Resolution for Phase II improvements to Campagnone Common – Sue
Fink, Manager of Financial & Administrative Services
Ref. to Housing Cmt.
Loading Zone – 189-191 Essex Street – Luis Miguel Tejeda, OwnerRef. to Ord. Cmt.
Livery License – Caribe Transportation, Inc. – Rafael Disla - 479
Broadway - Officer J. Flores, Hackney Unit-Ref. to Ord. Cmt.
470
268/13
269/13
270/13
City Owned Properties – Review – pending for sale – Counc. Almonte –
City Owned Properties – Review – sold to date – Counc. AlmonteRef. to Housing Cmt.
Missing Factor – Request permission to hold a Fundraiser Walkathon for
Hemophilia & Diabetes on Sunday, October 6, 2013 from 9 am to 3 pm –
John Bruno – Ref. to Ord. Cmt.
Doc. 268/13: City Owned Properties – Review – pending for sale – Counc. Almonte
– Ref. to Housing Cmt.
Upon being recognized, Councilor Almonte presented a motion to forward a
request to the City Attorney to provide the Council Members through its Housing
Committee with a list of all “City owned properties” that are pending sale. She stated
that the request should include all properties pending sale for the past two years. The
motion was seconded by Councilor Vasquez and unanimously [8-0] approved by the
Council Members present [Council Vice President Rivera being absent from the Council
Chamber when the vote was recorded].
Doc. 269/13: City Owned Properties – Review – sold to date – Counc. AlmonteRef. to Housing Cmt.
Upon being recognized, Councilor Almonte presented a motion to forward a
request to the City Attorney to provide the Council Members through its Housing
Committee with a list of all “City owned properties” sold within the past two years to the
current date. The motion was seconded by Councilor Vasquez and unanimously [8-0]
approved by the Council Members present [Council Vice President Rivera being absent
from the Council Chamber when the vote was recorded].
471
Item added at the meeting
Doc. 24/11: Hamlet Street-request for one way traffic for ½ hour during Frost
School dismissal - Councilor Bernal – Emergency/Public Hearing Ordered
Rules of the City Council and declare the item an emergency measure to add the item to
the City Council Agenda in order to allow the Council Members to address the item.
The motion was seconded by Councilor Almonte and the Council Members present
unanimously [8-0] approved the motion as presented.
Upon being recognized, Councilor Bernal informed the Council Members that the
time period of the “one way street” on Hamlet Street needs to be amended. She stated
that presented a motion to order a public hearing on the proposed amendment to the
measure. The motion was seconded by Councilor Vasquez and unanimously [8-0]
Doc. 24/11: Emergency Declared/Public Hearing Ordered
Doc. 117/13: Handicapped Parking – 112 Springfield Street – Onier Garcia – Public
Hearing – 30 Days Waived
Upon being recognized, Councilor Laplante asked to be heard on the above matter
and presented a motion to waive any applicable thirty (30) day waiting period pursuant to
section 3.8(a) of the City Charter, as seconded by Councilor Bernal and the Council
Members present voted unanimously to waive any applicable thirty (30) day waiting
period.
Doc. 117/13: 30 Days Waived
472
XIII. ADJOURNMENT:
Upon Motion of Councilor Vasquez duly seconded by Councilor Reyes, the
ADJOURNED
(09:25p.m.)
Attest:
William J. Maloney
City Clerk
473
DATE: Tuesday, October 1, 2013
A REGULAR MEETING of the City Council was held on Tuesday, October 1,
2013 at 7: 03 p.m. in the City Council Chamber with all Members present except for
Councilor Bernal. Councilor Reyes arrived at 7:09 p.m. and Council Vice President
Rivera arrived at 7:15 p.m.
Approximately eight [8] people were present.
I. ACCEPTANCE OF MINUTES: None
Richard Russell, 34 Cross Street, Lawrence, MA stated that there should be a
citizen representative on the panel to recommend the appointment of the Chief of Police
in Lawrence. He referenced section 4.3 of the City Charter and how it is suppose to
operate. He stated that he believes he is being “stonewalled” from obtaining the truth.
Doc. 111/13: Parking – 54 Union Street – amended – One (20) minute spaces –
Counc. Reyes – Public Hearing held - Approved
474
[Tuesday, October 1, 2013]
Council Members.
measure presented by Councilor Vasquez, as seconded by Councilor Almonte, the
Council Members present voted unanimously [6-0] to approve the measure [Council Vice
President Rivera and Councilor Reyes being absent from the Council Chamber at the
Doc. 166/13: Traffic Study – Chestnut Street – Counc. Reyes –
Public Hearing held - Approved
Council Members.
475
measure presented by Councilor Almonte, as seconded by Councilor Vasquez, the
Council Members present voted unanimously [6-0] to approve the measure [Council Vice
President Rivera and Councilor Reyes being absent from the Council Chamber at the
[Councilor Reyes arrived to the Council Meeting at 7:09 p.m.]
Doc. 178/13: Parking–382 Lowell St.–20 minutes–Ortega Multi Services, Inc.–
Counc. Aquino – Public Hearing held – Approved
Council Members.
476
Upon a motion to approve the measure presented by Councilor Reyes as seconded
by Councilor Aquino, the Council Members present voted unanimously [7-0] to approve
the measure presented [Council Vice President Rivera being absent from the Council
Doc. 186/13: Handicapped Parking – 219 East Haverhill Street – Lucia Gonzalez –
Council Members.
477
Upon a motion to approve the measure presented by Councilor Almonte as
approve the [Council Vice President Rivera being absent from the Council Chamber at
[Council Vice President Rivera arrived to the Council Meeting at 7:09 p.m.]
Doc. 202/13: (1) State Revolving Fund for Sewer Improvements, SRF Bonding
Approval & Loan Authorization [$1,920,000.00] - (2) State Revolving Fund Loan
Program, Drinking Water Projects, SRF Bonding Approval & Loan Authorization
to upgrade water mains [$23,795,000.00] – John Isensee, Acting DPW Director –
Council Members.
John Isensee, Acting Public Works Director, introduced Jim Rivard of Woodard
and Curran, Inc. [water and sewer service contractor], who presented information
regarding the proposed water and sewer service improvements subject to the proposed
bonding order and loan authorization to be funded through the State Revolving Fund
Loan Program [hereinafter referenced as SRF].
478
Upon being recognized, Finance Director Mark Ianello provided the Council
Members with revenue, expense, and debt service information and projections from 2013
through 2019.
Upon invitation, City of Lawrence Fire Chief Jack Bergeron addressed the
Council Members and confirmed that the poor condition of the water delivery system in
the City of Lawrence is preventing the fire department from providing fire repression
services throughout the City and improvements to the water system must be addressed to
assure the residents of Lawrence are able be safe if a fire occurs.
Robert Fazio, Water Commission confirmed that the water delivery system in the
City of Lawrence is in poor condition and must be repaired. He urged the Council
Members to approve the SRF loan order stating that the City of Lawrence may not be
able to qualify for additional funding from the Commonwealth of Massachusetts in the
future.
Richard Russell, 34 Cross Street, Lawrence, MA spoke in support of the item.
to approve the item presented which was seconded by Councilor Almonte.
479
availability and use of retained earnings from 2013 thru 2019 with Finance Director
Ianello.
Upon being granted the floor, Councilor Twomey commented on the
infrastructure improvements and stated the funds resulting from the proposed bonding
and loan order will be applied to improve public safety systems in the City of Lawrence.
Upon being granted floor, Councilor Laplante posed question to Director Ianello
and Mr. Rivard regarding the SRF funding and the projects it will fund for the City of
Lawrence. Councilor Laplante also posed questions to Water Commissioner Fazio who
identified the location of the water delivery systems that were in the poorest condition in
the City of Lawrence.
In response to inquiry by Council President Moran, Finance Director Ianello
informed the Council Members that a separate order for each bond and loan order as well
authorization to allow to apply for “refunding” amounts due to obtain a better rate should
it be available.
Council President Moran called upon the Council Members to consider the
bonding matters requested by Finance Director Ianello subject to the public hearing
notice presented.
480
approve the proposed SRF bonding and loan authorization for sewer improvements for
the City of Lawrence in the amount of 1,920,000.00. The motion was seconded by
Councilor Almonte and approved by roll call vote of the Council Members present as
follows: Yes-7; Abstain-1; Absent-1
proposed SRF bonding and loan authorization to obtain funding for drinking water
projects, to upgrade water mains, and to implement sewer improvements in the amount of
23,795,000.00. The motion was seconded by Councilor Aquino and approved by roll call
vote of the Council Members present as follows: Yes-7; Abstain-1; Absent-1
Councilor Sandy Almonte -Yes
[Councilor Bernal being absent from the Council Chamber at the time the vote was
481
recorded].
Upon being recognized, Councilor Almonte presented a motion to authorize the
refunding of bonds and/or loans through the Finance Department of the City of
Lawrence. The motion was seconded by Councilor Reyes and approved by roll call vote
of the Council Members present as follows: Yes-7; Abstain-1; Absent-1
Doc. 218/13: Handicapped Parking – 112A E. Haverhill Street [Address amended] –
Bill Collins– Public Hearing held – Approved/30 days waived
Upon being recognized, Bill Collins of 1 Platt Court, Lawrence, MA spoke in
favor of approving the measure with the amended address location at 112A East
Haverhill Street. He also asked the Council Members consider waiving any applicable 30
day waiting period that may be required pursuant to Section 3.8(a) of The Lawrence City
482
Charter.
measure and to waive any applicable thirty (30) day waiting period pursuant to section
3.8(a) of the Lawrence City Charter. The motion was seconded by Councilor Reyes and
Doc. 257/13: Resident Parking – Oak Street – entire length –DELETE resident
parking ordinance – Counc. Reyes - Public Hearing held –
Council Members.
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measure and to waive any applicable thirty (30) day waiting period that may be required
Doc. 263/13: Handicapped Parking – Melrose Street – DELETE – Council Pres.
Moran – Public Hearing held – Approved
Council Members.
484
measure as presented which was seconded by Councilor Twomey and unanimously
Doc. 271/13: Appropriation Transfer – Fire Department operating accounts –
From: Professional Services to Phone/Fax [$4,500.00] – Mark J. Ianello, Finance
Director – Budget and Finance Cmt. – Approved
report of the Budget & Finance Committee recommending the approval of the item
Doc. 277/13: Appropriation Transfer–Election Department–From: Salary and
Wages Temporary to Repairs and Maintenance – [$6,000.00] Mark J. Ianello,
Finance Director – Ref. to Budget & Finance Committee
Council Members as appearing on the Agenda which was referred as indicated.
485
Doc. 198/13: Lawrence Retirement Board – Provisions of Chapter 188, Section 19
amending Section 103 of Chapter 32 regarding the COLA base as signed into law –
Diane Cockcroft – Budget and Finance Cmt. & Ord. Cmt. – Measure Defeated
At the request of Council President Moran, Councilor Twomey presented a
motion to receive the report of the Budget & Finance Committee with an unfavorable
recommendation. The motion was seconded by Council Vice President Rivera and
unanimously [8-0] received by the Council Members present.
Upon being granted the floor, Councilor Twomey presented a motion to deny the
adoption of the measure presented which was seconded by Councilor Aquino.
At the request of Council Vice President Rivera, Finance Director Ianello
discussed and explained the financial impact of the measure and informed the Council
Members that if approved a substantial increase of the total financial obligations of the
City of Lawrence will be created.
Upon being granted the floor, Councilor Laplante and Finance Director Mark
Ianello discussed the calculation of the “cost of living” [hereinafter referenced as COLA]
increase the adoption of the State Law would result.
Members.
Upon consideration, the Council Members unanimously approved the motion to
deny the petition presented [8-0].
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At the request of Council President Moran, Councilor Vasquez presented a
motion for the Council Members to receive the report of the Ordinance Committee
without a recommendation in regard to the measure presented. The motion was seconded
by Council Vice President Rivera and unanimously [8-0] approved by the Council
Members present.
to deny the item presented in reference to the report of the Ordinance Committee. The
motion was seconded by Councilor Almonte and the Council Members present
unanimously approved the motion to deny the petition presented [8-0].
Doc. 198/13: Measure Defeated
Doc. 265/13: Parkland Acquisitions and Renovation for Communities (PARC) Approve resolution to file and accept grants with and from the Commonwealth of
MA Executive Office of Energy and Environmental Affairs for the Parkland
Acquisition and Renovations for Communities Program for improvements to the
Common – Phase III -Sue Fink, Manager of Financial & Administrative Services –
Hous. Cmt. - Approved
report of the Housing Committee recommending the approval of the item presented. The
report was presented in the form of a motion to approve the item presented which was
seconded by Councilor Reyes.
Upon invitation, Susan Fink, Community Development Manager of Financial &
Administrative Services explained the proposed project and the initiation of the
application for funding of the current stage of the project by granting the petition to
approve the resolution required by the funding agency.
487
Upon being granted the floor, Council Vice President Rivera asked if approval of
the proposed resolution has any financial aspect to it. Upon being recognized, Finance
Director Ianello informed the Council Members that approval of the item presented only
allows the City of Lawrence to present an application for grant funding of the project at
this time and that a grant approval notice will result for consideration of the Council
Members upon receiving the notice of approval.
present, Council President Moran called the motion for approval of the item to the
attention of the Council Members.
Upon the motion to approve the item duly seconded, the Council Members
unanimously approved the item as presented [8-0].
Doc. 270/13: Missing Factor – Request permission to hold a Fundraiser Walkathon
for Hemophilia & Diabetes on Sunday, October 6, 2013 from 9 am to 3 pm –
John Bruno – Ord. Cmt. – Approved
report of the Ordinance Committee recommending the approval of the petition presented.
present [8-0].
VIII. OLD BUSINESS:
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Doc. 75/09: Surplus Declaration – 146-150 Union Street – [Tax Map #88, Lot 48] –
Richard Burke, Real Property Specialist – Ref. to Housing Cmt.
Council President Moran brought the above matter to the attention of the Council
Members present and referred the item to the Housing Committee for further
proceedings.
IX. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
124/12
85/12
201B/12
278/12
284/12
248/12
Council Pres. Moran
Ord. Cmt.
Ord. Cmt.
Moran
Public Hearing
489
48/13
235/13
264/13
Stand Up Wireless – Counc. Almonte
X. NEW BUSINESS:
272/13
273/13
274/13
275/13
276/13
Police Department grant award for FY’13 Edward Byrne Memorial Justice
Assistance Grant [JAG] Program – [$53,239.00]- Mark J. Ianello, Finance
Responsible Banking and Re-Investment in Lawrence – Ordinance –
Counc. Vasquez – Ref. to Ord. Cmt.
Acceptance of a HUD Supportive Housing Program Grant, Homeless
Legal Services – [$14,991.00] – James H. Barnes, Community
Development Director – Ref. to Budget & Finance Cmt.
Acceptance of Real Property, Deed from Enel Corporation to the City of
Lawrence – Map 125, Lot 32 – Daniel McCarthy, Land Use Planner – Ref.
to Housing Cmt.
Surplus Declaration – 25 Oxford Street [Tax Map 165, Lot 52] – Richard
Burke, Real Property Specialist – Ref. to Housing Cmt.
XI. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Councilor Reyes, the
Council Members present voted unanimously [8-0] to Adjourn.
ADJOURNED
(08:30p.m.)
Attest:
William J. Maloney
City Clerk
490
DATE: Tuesday, October 15, 2013
A REGULAR MEETING of the City Council was held on Tuesday, Oct. 15,
Approximately Sixteen [16] persons were present.
of City Council Meetings conducted September 11, 2013, September 19, 2013 and
October 1, 2013 were submitted by the City Clerk for consideration and acceptance of the
City Council Members.
Homayoun Maali, 53 Chester Street, Lawrence, MA discussed the progress of
Mayor Lantigua and urged the Council Members to support the Public Works
Department, Firefighters, and the School Department by not reducing their operating
491
budgets.
Richard Russell, 34 Cross Street, Lawrence, MA posed several questions to the
Council Members concerning the total number of citizen representatives appointed to
serve on the search committee established to locate and hire the next Lawrence Police
Chief, he asked if the City of Lawrence will seek to recoup Officer Lopez’s salary paid
during his leave of absence now that he has been convicted. He stated that there is a
serious lack of information being disseminated about the recent teen suicide that
apparently resulted from “bullying”. Mr. Russell also asked about Mayor’s
recommendations to the Lawrence Board of Registrars.
Richard Kelley, Andover, MA and retired Army Major, spoke on behalf of the
petition to honor deceased Marine Corp. Cpl. Robert D. Corriveau by dedicating a
location near Hampshire and Alder Street [Doc.# 279/13].
Maria Fiato, 2 Museum Square, Lawrence, MA informed the Council of Special
Education Programs available through “SEPAC” and announced a forum scheduled to
take place on October 24, 2013.
Kathy Runge, 32 Dracut Street, Lawrence, MA stated that the recent meeting of
the Lawrence Board of Registrars held on October 12, 2013 was not published. She
stated that she agrees with Mayor Lantigua’s intention to change the Lawrence City
Charter.
Roger Twomey, Councilor at Large for the City of Lawrence, discussed the how
Stockton Park was established in the City of Lawrence and its initial dedication. He
492
expressed his exception to the disparagement of the Lawrence Veterans and affirmed his
commitment to provide assistance and honor to all Veterans in Lawrence.
Sandy Almonte, City Councilor for District A, stated that the Housing Committee
recognized and provided a moment of silence in remembrance of the recent teen suicide
discussed earlier in the session at its recent meeting. Council President Moran called for
a moment of silence in recognition of the recent teen suicide occurring in Lawrence.
III. NEW BUSINESS:
Doc. 279/13: Dedication-Corner of Hampshire and Alder Street - USMC,
CPL. Robert D. Corriveau – Bill Collins, Sr. Vice Commander –
Council President Moran called the above matter to the attention of the Council
members. Upon a motion to declare the matter and emergency measure to immediate
address the item as presented by Council Vice President Rivera and seconded by
Councilor Bernal, the Council Members voted unanimously [9-0] to suspend the Rules of
the City Council and declare the item an emergency measure to allow the Council
Members to immediately address the matter.
item presented which was seconded by Councilor Aquino and unanimously approved by
Council Vice President River presented a motion to waive any applicable 30 days
waiting period that may be required pursuant to section 3.8(a) of The Lawrence City
Charter. The motion was seconded by Councilor Almonte and unanimously approved by
493
the Council Members Present [9-0].
IV. PUBLIC HEARINGS:
Doc. 24/11: Hamlet Street @ intersection of Jefferson Street–One way on School
Hours–Amend to 7:15-8:15 am & 2:00-4:00 pm-Counc. Bernal - Ord Cmt.-Public
Council Members.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke in favor of the
proposed amendment.
item presented, as seconded by Councilor Almonte.
Upon being granted the floor, Councilor Bernal stated that the proposed
494
amendment is necessary for the safety of the public at the beginning and end of every
school day.
presented.
Upon the motion to approve presented by Councilor Reyes, as seconded by
Councilor Almonte, the Council Members present voted unanimously [9-0] to approve
V: Communication from Mayor, City Officials & City Attorney: - None
VI. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 277/13: Appropriation Transfer–Election Department–From: Salary and
Wages Temporary to Repairs and Maintenance – [$6,000.00]
Mark J. Ianello, Finance Director – Budget and Finance Cmt. – Approved
which was seconded by Councilor Aquino and unanimously approved by the Council
495
Doc. 272/13: Police Department grant award for FY’13 Edward Byrne Memorial
Justice Assistance Grant [JAG] Program – [$53,239.00]- Mark J. Ianello, Finance
Director – Budget and Finance Cmt. – Approved/30 days waived
which was seconded by Councilor Aquino.
Upon being recognized, Councilor Twomey presented a motion to amend the
motion to approve the item in order to waive any applicable 30 day waiting period that
may be required pursuant to section 3.8(a) of The Lawrence City Charter. The motion
Members Present [9-0].
A discussion ensued between Council Vice President Rivera and Councilor
Laplante regarding the use of funds allocated.
Upon being granted the floor, Councilor Laplante asked if the police log web-site
information will continue to be provided. Lawrence Police Captain McNamara informed
the Council Members that Acting Police Chief Fitzpatrick intends to continue the web
site police log.
presented.
496
Upon the motion to approve the measure presented by Council Vice President
River with the amendment to waive any 30 day waiting period, as seconded by Councilor
Aquino, the Council Members present voted unanimously [9-0] to approve the item as
presented.
Doc. 274/13: Acceptance of a HUD Supportive Housing Program Grant, Homeless
Legal Services – [$14,991.00] – James H. Barnes,
Community Development Director – Budget and Finance Cmt. – Approved
presented. The report was presented in the form of a motion, seconded by Councilor
Doc. 295/05: Disposition – 491 Hampshire Street –Amend conditions of prior sale–
Planning Dept. - Richard Burke, Real Property
Specialist – Housing Cmt. – Approved
report of the Housing Committee recommending the approval of the proposed
amendment to the sale of the above property as presented. The report was presented in
the form of a motion to approve the item presented.
Upon being granted the floor, Councilor Laplante informed the Council Members
about the proposed amendment to the conditions presented in the petition.
497
Attorney Wayne Belair, 30 Massachusetts Avenue, North Andover, MA
[appearing on behalf of the property buyers] informed the Council Members that his
clients prefer a complete discharge of the prior mortgage and a new mortgage be
executed and recorded.
A discussion ensued between Councilor Bernal and Councilor Laplante regarding
the matter presented.
Richard Burke, Real Property Acquisition Specialist from the Planning
Department stated the Planning Office informed the Council Members that the Planning
Department recommends that the prior mortgage be released and discharged.
Councilor Laplante presented a motion to discharge the current performance
mortgage and to put in its place a new mortgage with all actions contingent upon the
execution of all documents necessary to put the subsequent mortgage in effect. The
motion was seconded by Councilor Almonte.
that once a discharge of mortgage is approved the City of Lawrence would have no
standing to impose a new mortgage.
Upon being granted the floor, Councilor Laplante confirmed that Councilor
Bernal is correct explaining that the intent is to have Attorney Belair’s client execute all
necessary documents in order to secure payment of the remaining mortgage amount due
to the City of Lawrence from the prior mortgage on the property. Councilor Laplante
suggested that the newly executed “assignment” provide conditions that address the
498
amount due to the City of Lawrence.
After further discussion between Councilor Laplante and Councilor Bernal,
Councilor Laplante amended his original motion to state as follows: Motion to issue a
modification and assignment of the current performance mortgage to specify a named
“good faith purchaser for value”. That the terms of the performance mortgage be
modified to the extent of the time frame and other conditions as provided in subparagraph
“a”, that the 45 day time period begin with the acceptance of the deed by the third party
“good faith purchaser for value, except as specifically modified herein. All other terms
and conditions to remain in full force and effect.
presented. Upon a motion to approve the measure presented and modified by Councilor
Laplante, as seconded by Councilor Almonte, the Council Members present unanimously
[9-0] approved the motion to amend as presented concerning the real property in the
above entitled matter.
Doc. 75/09: Disposition – 146-150 Union Street – [Tax Map 88, Lot 48] – Sale to
Frank Giles for [$2,695.00] with conditions
Housing Committee – Approved
real property located at 146-150 Union Street [Tax Map 88, Lot 48] by transfer of title to
499
Frank Giles in the amount of $2,695.00. The report was presented in the form of a
motion to approve the transfer of title as recommended. The motion was seconded by
Councilor Almonte and unanimously [9-0] approved by the Council Members present.
VIII. NEW BUSINESS:
Doc. 286/13: Granite State Baptist Church (Granite United Church) Request
permission to use the Pemberton Park to hold their “Trunk or Treat” event on
Saturday, October 26, 2013 from 4 pm to 8 pm – Priscilla Baez –
Council President Moran informed the Council Members that the above item is
scheduled to take place prior to the next meeting of the City Council and would not be
heard in sufficient time to consider presentment for approval before the Council.
declare the item an emergency measure and suspend the Rules of the City Council in
order to immediately address the matter. The motion was seconded by Councilor Reyes
Priscilla Baez, the petitioner, addressed the Council Members regarding the
proposed event and provided information concerning the matter.
Upon being recognized, Councilor Aquino presented a motion to approve the item
as presented which was as seconded by Councilor Almonte.
Upon being granted the floor, Councilor Almonte posed further questions to the
petitioner regarding the event.
Upon being granted the floor, Councilor Twomey asked questions about the use
500
of sound systems and music at the event. Ms. Baez stated that the music system is very
small and the sound will be limited to the Pemberton Park area.
Upon no further discussion, comment or inquiry by the Council Members present,
Council President Moran called upon the Members present to consider the matter
presented.
to approve the petition as presented.
Upon being recognized, Council Vice President River 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 seconded by Councilor Almonte and unanimously
approved by the Council Members Present [9-0].
Doc. 275/13: Acceptance of Deed to Real Property from Enel Corporation to the
City of Lawrence – Map 125, Lot 32 – Daniel McCarthy,
Land Use Planner – Housing Committee – Ref. to Hsg. Cmt.
report of the Housing Committee to recommend the approval of the item presented. The
report was presented in the form of a motion for approval which was seconded by
Upon being granted the floor, Councilor Laplante informed the Council that City
501
Attorney Boddy expressed concerns, which should be addressed at the Housing
Committee.
Upon being recognized, Council Vice President Rivera withdrew his motion for
approval.
Council President Moran referred the item to the Housing Committee.
Doc. 275/13: Ref. to Hsg. Cmt.
Doc. 276/13: Surplus Declaration – 25 Oxford Street [Tax Map 165, Lot 52] –
Richard Burke, Real Property Specialist – Housing Committee – Declared Surplus
report of the Housing Committee recommending the City owned real property located at
25 Oxford Street [Tax Map 165, Lot 52] be declared surplus property. The report was
presented in the form of a motion to declare the real property surplus property which was
seconded by Councilor Reyes and unanimous approved by the Council Members present
[9-0].
Doc. 276/13: Declared Surplus
X. WITHDRAWALS:
Doc. 335/12: 2012 General Elections Review of staffing, data, processes and
financial costs – Counc. Rivera – Budget & Finance Cmt. -Withdrawn
Doc. 69/13: Debt Refinancing – Debt Service reduction – [$2,800,000.00] – Council
Vice Pres. Rivera – Budget & Finance Cmt. - Withdrawn
Doc. 70/13: Fire Department Staffing Financial – review and strategy – Council
Vice Pres. Rivera – Budget & Finance Cmt. – Withdrawn
502
withdraw all three of the above referenced items from the City Council Agenda in “block
form” currently pending before the Budget and Finance Committee.
Council Vice President Rivera moved to present the matters listed below in
“block” form for withdrawal from the Council agenda. The motion was seconded by
Councilor Bernal and Council Members present voted unanimously [9-0] to withdraw the
above items from the City Council Agenda.
Upon being granted the floor, Councilor Twomey stated the information
regarding Housing Committee reports should be presented before the Housing Committee
for its consideration and should not be presented to the Full Council for the first time as
occurred this evening.
XII. OLD BUSINESS: - None
XIII. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
Council Pres. Moran
Parking – Merrimack Street – alternate side parking – Count. Laplante –
Ord. Cmt.
Ord. Cmt.
503
124/12
85/12
201B/12
278/12
284/12
248/12
48/13
235/13
264/13
Moran
Public Hearing
Stand Up Wireless – Counc. Almonte
XIV. NEW BUSINESS:
278/13
280/13
281/13
282/13
283/13
284/13
National Grid – Request permission to place underground electric conduits
on General Street – Jason Dwyer, Supervisor Distribution Design – Ref. to
Ord. Cmt.
Police Department Grant Award – Massachusetts Executive Office of
Public Safety and Security [$100,000.00] –Mark J. Ianello, Finance
FY2014 Tax Classification – Board of Assessors- Ref. to Budget &
Finance Cmt.
Appointment – Board of Registrars – Francisco Surillo – 339 Water Street,
Lawrence, MA – Mayor Lantigua- Ref. to Pers. Cmt.
Appointment – Board of Registrars – Ricardo DeJesus – 47 Ames Street,
Lawrence, MA - Mayor Lantigua – Ref. to Pers. Cmt.
Appointment – Greater Lawrence Sanitary District – Joseph R. Quartarone
8 West Kenneth Street, Lawrence, MA – Mayor Lantigua- Ref. to Pers.
Cmt.
504
285/13
Appointment – Greater Lawrence Sanitary District – Thomas Connors – 8
Jefferson Street, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Upon being granted the floor, Councilor Laplante inquired about “lame duck”
matters and whether the recommended appointments to the various boards and
commission will be affected.
Council President Moran suggested the matter be referred to the City Attorney for
an opinion. Councilor Laplante presented a motion to send a letter to the City Attorney
to request an opinion regarding the applicability of the so-called “lame duck” rule to
items presented for consideration of the Council Members. The motion was seconded by
Councilor Almonte and unanimously [9-0] approved by the Council Members present.
Councilor Laplante also presented a motion to send a letter to City Attorney
Boddy and Land Use Planner Daniel McCarthy requesting their attendance before the
Housing Committee at its next session on Monday, October 21, 2013. The motion was
seconded by Councilor Almonte and unanimously [9-0] approved by the Council
Members present.
XV. ADJOURNMENT:
Upon Motion of Councilor Aquino duly seconded by Councilor Almonte, the
ADJOURNED
(08:10p.m.)
Attest:
William J. Maloney
City Clerk
505
DATE: Wednesday, November 6, 2013
A REGULAR MEETING of the City Council was held on Wednesday,
November 6, 2013 at 7: 20 p.m. in the City Council Chamber with all Members present
except for Council President Moran. Council Vice President Rivera presided over the
meeting in the absence of Council President Moran.
Approximately Ten [10] persons were present.
Council Vice President Rivera informed the Council Members present that the
minutes of City Council Meetings conducted October 15, 2013 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, as
approve the minutes of October 15, 2013.
Council Vice President Rivera requested those who wished to provide public
input and participation to present themselves and address the City Council. Upon the
invitation of Council Vice President Rivera, the following individuals addressed the City
Council:
Richard Russell, 34 Cross Street, Lawrence, MA asked the new Administration to
506
[Wednesday, November 6, 2013]
address issues openly such as the selection process for the new Chief of Police in
Lawrence.
Lee Fickenworth, 44 Exeter Street, Lawrence, MA spoke about the recent
election.
Joe D’Amico, 11 Lorenzo Road, Lawrence, MA asked the Council to investigate
the issuance of parking tickets issued outside of City Hall during the day today. He
stated that several of the news media vehicles were ticketed and should be investigated.
Marc Laplante urged the recent candidates for elective office to remove any
political signs within thirty days as required by the zoning ordinance in Lawrence.
Doc. 280/13: Police Department Grant Award – Massachusetts Executive Office of
Public Safety and Security [$100,000.00] –Mark J. Ianello, Finance Director –
Budget and Finance Cmt. – Approved/30 days waived
At the request of Council Vice President Rivera, Councilor Twomey presented the
report of the Ordinance Committee to approve the measure presented and to waive any 30
day period waiting period that may be applicable pursuant to section 3.8(a) of the
Lawrence City Charter. The report was presented in the form of a motion to approve the
item presented which was seconded by Councilor Almonte and unanimously approved by
507
VIII. OLD BUSINESS:
Doc. 188/10: Disposition Proposed - 77 Spruce Street (Tax Map # 171, Lot 13)Approx. 3,200 square feet, vacant land-Residential Zoning District (R-3/R-4)Recommended combine Doc. 188/10 and Doc. 189/10 for sale to Antonio Maria for a
total of $32,000.00-Richard Burke, Planning Department –
Doc. 189/10: Disposition Proposed - 79-81 Spruce Street (Tax Map # 171, Lot 12)
Approx. 3,150 square feet, vacant land- Residential Zoning District (R-3/R-4) –
Recommended combine Doc. 188/10 and Doc. 189/10 for sale to
Antonio Maria for a total of $32,000.00-Richard Burke, Planning Department –
Doc. 220/13: Acceptance of amendment to increase current Safe and Successful
Youth Initiative funding – Art McCabe, Manager, Community Development
Department – Ref. to Budget & Finance Committee
Council Vice President Rivera called the following three matters to the attention
of the Council Members as appearing on the Agenda and referred each for further
proceeding before the City Council Subcommittee as indicated.
Doc. 282/13: Appointment – Board of Registrars – Francisco Surillo – 339 Water
Street, Lawrence, MA – Mayor Lantigua – Appointment Disapproved
without Prejudice
508
283/13: Appointment – Board of Registrars – Ricardo DeJesus – 47 Ames Street,
Lawrence, MA - Mayor Lantigua- Appointment Disapproved without Prejudice
Council Vice President Rivera introduced the above there items and informed the
Council Members that all of the above items are presently pending before the Personnel
Subcommittee of the Lawrence City Council. He stated further that the City Charter
provides that recommended appointments require the City Council either take action on
the appointments presented within thirty (30) days or the appointments will be
“approved” on the thirty-first day without action of the City Council. Council Vice
President Rivera informed the Council Members that the thirty-first day will occur prior
to the time that the items may be presented to the Full Council by report of the Personnel
Committee.
Rules of the City Council, declare the above cited documents emergency measures, and
assume the measures from the Personnel Subcommittee in order to immediately address
the matters before the Full Membership of the Lawrence City Council. The motion was
seconded by Councilor Reyes and unanimously approved the Council Members present
[8-0].
Doc. 282/13: Appointment – Board of Registrars – Francisco Surillo – 339 Water
Street, Lawrence, MA – Mayor Lantigua – Appointment Disapproved without
Prejudice
Upon being granted the floor, Councilor Bernal presented a motion to disapprove
the recommended appointment of Francisco Surillo as a member of the Lawrence Board
509
of Registrars. The motion was seconded by Councilor Twomey.
Upon being granted the floor, Councilor Bernal discussed the pertinent General
Laws regarding appointments to the Board of Registrars. She suggested the Council
disapprove the recommended applicant at this time to allow the Council Members to
consider the appointment of this particular applicant by appropriate process of the
Lawrence City Charter.
Upon being granted the floor, Councilor Twomey stated that it may be necessary
to present and consider the appointment of an individual who is a qualified member of
the Republican Party.
Upon being granted the floor, Councilor Reyes stated that the new administration
should have the opportunity to bring up the matter before the Council Members at a later
date.
Upon being granted the floor, Councilor Vasquez suggested the Council Members
disapprove the recommended applicant without prejudice at this time.
Upon being granted the floor, Councilor Laplante agreed and suggested the
motion be amended to reflect a vote disapproving the recommended appointment without
prejudice. Councilor Bernal stated that she accepts the amendment to her main motion to
disapprove the recommended applicant without prejudice.
By way of information, Councilor Vice President Rivera informed the Council
Members that he will vote to abstain from the vote on the matter.
510
present, Council Vice President Rivera called the motion to the attention of the Council
Members with the amendment accepted by Councilor Bernal.
Upon consideration of the Council Members present, the Council Members
present voted to disapprove the recommended appointment of Francisco Surillo as a
member of the Lawrence Board of Registrars as follows: Yes-5; No- 2; Astain-1;
Absent -1:
Council Vice President Dan Rivera - Abstain
Council President Frank Moran – Absent
Doc. 282/13: Appointment Disapproved without Prejudice
283/13: Appointment – Board of Registrars – Ricardo DeJesus – 47 Ames Street,
Lawrence, MA - Mayor Lantigua- Appointment Disapproved without Prejudice
Upon being granted the floor, Councilor Bernal presented a motion to disapprove
the recommended appointment of Ricardo DeJesus as a member of the Lawrence Board
of Registrars without prejudice. The motion was seconded by Councilor Almonte and the
Council Members present voted to disapprove the recommended appointment of
Richardo DeJesus as a member of the Lawrence Board of Registrars without prejudice as
follows: Yes-5; No-2; Abstain-1; Absent-1
Council Vice President Rivera - Abstain
Councilor Oneida Aquino - No
511
Councilor Estela Reyes - No
Council President Frank Moran – Absent
283/13: Appointment Disapproved without Prejudice
Doc. 284/13: Appointment – Greater Lawrence Sanitary District – Joseph R.
Quartarone – 8 West Kenneth Street, Lawrence, MA –
Mayor Lantigua – Approved
Doc. 285/13: Appointment – Greater Lawrence Sanitary District – Thomas
Connors – 8 Jefferson Street, Lawrence, MA – Mayor Lantigua –
Appointment Approved
Upon being granted the floor, Councilor Bernal presented a motion to Suspend
the Rules of the City Council, declare the above cited documents emergency measures,
and assume the measures from the Personnel Subcommittee in order to immediately
address the matters before the Full Membership of the Lawrence City Council. The
motion was seconded by Councilor Aquino and unanimously approved the Council
Doc. 284/13: Appointment – Greater Lawrence Sanitary District – Joseph R.
Quartarone – 8 West Kenneth Street, Lawrence, MA –
Mayor Lantigua – Appointment Approved
recommended appointment of Joseph R. Quartarone a Member of the Greater Lawrence
Sanitary District Commission. The motion was seconded by Councilor Almonte and
Doc. 284/13: Appointment Approved
512
Doc. 285/13: Appointment – Greater Lawrence Sanitary District – Thomas
Connors – 8 Jefferson Street, Lawrence, MA – Mayor Lantigua –
Appointment Approved
the appointment of Thomas Connors as a Member of the Greater Lawrence Sanitary
District Commission. The motion was seconded by Councilor Bernal and the Council
Members present and unanimously approved by the Council Members present [8-0].
Doc. 285/13: Appointment Approved
IX. TABLED MATTERS:
Doc. 264/13: Stand Up Wireless – Counc. Almonte – Withdrawn
Councilor Twomey presented a motion to remove the item from the table which
was seconded by Councilor Reyes and unanimously approved by the Council Members
present [8-0].
Upon being granted the floor, Councilor Twomey presented a motion to withdraw
the item from the Council Agenda. The motion was seconded by Councilor Aquino and
the Council Members present voted unanimously [8-0] to withdraw the item from the
City Council Agenda.
139/11
188/11
148/11
Misuse of Funds legal options–Comptroller David Camasso & City Atty.
Council Pres. Moran
Ord. Cmt.
513
219/11
39/10
89/12
124/12
85/12
201B/12
278/12
284/12
248/12
48/13
235/13
Ord. Cmt.
Moran
Public Hearing
X. NEW BUSINESS:
287/13
288/13
289/13
290/13
Request to purchase and place protective covering over Roof of Holy
Rosary building – Grace Piazza & Sharon Glidden – Counc. Pres. Moran –
Disclosure by Municipal Employee of Financial Interest – Frank Martin –
Handicapped Parking – 77 Cambridge Street – Myrta Baez – Ref. to Ord.
Cmt.
Parking – between 326-334 Lawrence Street – Request for [2] 30 minute
spaces & [2] 1hr. and 30 minute spaces – Counc. Vasquez – Ref. to Ord.
Cmt.
514
291/13
292/13
293/13
294/13
Handicapped Parking – 530 Broadway – Sign requested – Benny Guzman
Parking Acton Street, South Side, three 30 min parking spaces, Monday
through Sunday [8:00 am to 9:00 pm] – Counc. Pres. Moran-Ref. to Ord.
Cmt.
Acceptance of 2014 Shannon Grant – Art McCabe, Manager, Community
Development Department – Ref. to Budget & Finance Cmt.
Report Lawrence Youth Team/LPD Neighborhood Community Safety
Initiative Text-a-Tip Program – Art McCabe, Manager Community
Development Department – Ref. to Budget & Finance Cmt.
XI. ADJOURNMENT:
ADJOURNED
(07:48 p.m.)
Attest:
William J. Maloney
City Clerk
515
DATE: Tuesday, November 19, 2013
A REGULAR MEETING of the City Council was held on Tuesday, Nov. 19,
Councilor Twomey and Councilor Aquino. Council Vice President Rivera arrived at
7:16 p.m.
Approximately Five [5] persons were present.
of City Council Meetings conducted November 6, 2013 were submitted by the City Clerk
accept the minutes.
Homayoun Maali, 53 Chester Street, Lawrence, MA spoke of the
accomplishments of Mayor Lantigua during his administration and cited
the [Wednesday, November 6, 2013]
516
[Tuesday, November 19, 2013]
accomplishments with the Teacher’s Union during his term.
Richard Russell, 34 Cross Street, Lawrence, MA commented that he takes
personal offense to the lack of lighting of the American Flag on Veteran’s Day
commenting that it is a disgrace not to properly honor Veterans. He commented on the
upcoming recount proceedings and the results that will inevitably result in Dan Rivera
being elected as Mayor.
Doc. 271/12: National Grid and Verizon – Request permission to locate poles, wires
and fixtures on Lowell Street – Ord. Cmt. - Public Hearing ordered
present [7-0].
Doc. 215/13: National Grid and Verizon – Request permission to locate poles, wires
and fixtures on Park Street @ Monmouth Street –
Ord. Cmt. - Public Hearing ordered
517
present [7-0].
Doc. 278/13: National Grid – Request permission to place underground electric
conduits on General Street – Ord. Cmt. & Public Hearing ordered
present [7-0].
Doc. 220/13: Acceptance of amendment to increase Safe and Successful Youth
Initiative Funding pending submission of budget to include
the additional [$95,000.00] – Budget and Finance Cmt. – Tabled
Council President Moran informed the Council Members that Planning Manager
Art McCabe was not available to present the above matter before the Council Members
and requested that the item be tabled until a later date.
Upon being recognized, Councilor Almonte presented a motion to table the item
presented which was seconded by Councilor Reyes and unanimously approved by the
Council Members [7-0].
Doc. 220/13: Tabled
Doc. 281/13: FY’2014 Tax Classification – Board of Assessors – Budget and
Finance Cmt. & Public Hearing ordered
518
presented a motion to receive the report of the Budget & Finance Committee without a
recommendation. The motion was seconded by Councilor Almonte and unanimously
received by the Council Members present [7-0].
Council Vice President Rivera presented a motion to order a public hearing on
the measure presented which was seconded by Councilor Almonte and unanimously
Doc. 288/13: Disclosure by Municipal Employee of Financial Interest – Frank
Martin – Budget and Finance Cmt. – Approved
presented the report of the Budget & Finance Committee to approve the disclosure
statement as filed by the petitioner and presented for consideration. The report was
presented in the form of a motion to approve which was seconded by Councilor Vasquez
VII. WITHDRAWALS:
Doc. 197/13: Stop Sign – Eastbound traffic - Erving Avenue @ Jackson Street –
Andrew Wall - Ord. Cmt. – Withdrawn
Upon being recognized, Councilor Bernal presented a motion to withdraw the above
matter from the City Council Agenda which had been pending before the Ordinance
Committee. The motion was seconded by Council Vice President Rivera and
519
unanimously approved by the Council Members [7-0].
Doc. 258/13: Knox Street – Proposed One way – Counc. Reyes –
Ord. Cmt. - Withdrawn
from the City Council Agenda which had been pending before the Ordinance Committee.
The motion was seconded by Councilor Almonte and unanimously approved by the
IX. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
124/12
85/12
201B/12
Council Pres. Morans
Ord. Cmt.
Ord. Cmt.
520
278/12
Moran
Public Hearing
284/12
248/12
48/13
Doc. 235/13: Appointment – Airport Commission – Mr. Giovanni Bonet –
33 Dartmouth Street, Lawrence, MA- Pers. Cmt. - Withdrawn
Councilor Almonte presented a motion to remove the item from the table, which
was seconded by Councilor Vasquez and unanimously approved by the Council Members
present [7-0].
Upon being granted the floor, Councilor Almonte presented a motion to withdraw
the above item from the Council Agenda. The motion was seconded by Councilor
X. NEW BUSINESS:
297/13
298/13
299/13
300/13
Acceptance of a Federal HMIS II Grant – [$65,863.00] – Susan Fink,
Manager of Financial & Administrative Services – Community
Development Department – Ref. to Bud. & Finance Cmt.
Appointment – Lawrence Cultural Council – Mrs. Patricia R. Waters – 81
White Street, Lawrence, MA – Mayor Lantigua – Ref. to Pers. Cmt.
Taxi Cabs – discussions – Counc. Almonte – Ref. to Ord. Cmt.
Police Department – FY’14 Massachusetts Municipal Police Services
Staffing Grant – [$919,634.00] – Captain Scott J. McNamara & Chief
James Fitzpatrick – Ref. to Budget & Finance Cmt.
521
301/13
Extension of Lease at 225 Essex Street, Third Floor – approval – James H.
Barnes, Community Development Director –Ref. to Budget & Finance
Cmt.
Doc. 296/13: Acceptance of Mass DOT Grant – [$80,000.00] – James H. Barnes,
Community Development Department Director –
Council President Moran informed the Council Members that Community
Development Director James Barnes requested that the Council Members give immediate
consideration to the above matter since application for the grant funds subject to the
petition are due and time is of the essence.
Rules of the City Council and declare the item an emergency measure to allow the
Council Members to presently address the item. The motion was seconded by Councilor
Bernal and unanimously approved by the Council Members present [7-0].
the item presented which was seconded by Councilor Reyes and unanimously approved
Upon being granted the floor, Councilor Almonte moved to to waive any
applicable 30 day waiting period that may apply pursuant to section 3.8(a) of the
Lawrence City Charter. The motion was seconded by Councilor Reyes and unanimously
Doc. 302/13: No Parking–110 Saratoga Street–Councilor Reyes–Ref. to Ord. Cmt.
522
Council President Moran introduced the above measure and informed the Council
Members that the item is being referred to the Ordinance Committee for further
proceedings.
XI. ADJOURNMENT:
Upon Motion of Councilor Almonte duly seconded by Council Vice President
Rivera, the Council Members present voted unanimously to Adjourn.
ADJOURNED
(07:29p.m.)
Attest:
William J. Maloney
City Clerk
523
DATE: Tuesday, December 3, 2013
A REGULAR MEETING of the City Council was held on Tuesday, December
3, 2013 at 7: 09 p.m. in the City Council Chamber with all Members present.
Approximately Fourteen [14] persons were present.
of City Council Meetings conducted November 19, 2013 were submitted by the City
Clerk for consideration and acceptance of the City Council Members.
Upon the motion of Councilor Bernal to accept the minutes as presented duly
accept the minutes.
Maria Fiato, 2 Museum Square, Lawrence, MA spoke about the lack of area
lighting in and around the Museum Square Apartment complex.
Carlos Cabrera, 10 Diamond Street, Lawrence, MA presented a petition asking for
security cameras near the Beacon Street neighborhood. He stated that vehicles are being
524
[Tuesday, December 3, 2013]
vandalized and car tires are being stolen. He also informed the Council that thieves are
committing armed robberies and breaking into houses as well.
Dick Blatchford, 3 Harrison Street, Lawrence, MA stated that he is glad Mayor
Lantigua was defeated in the recent election. He stated that he believes the Lantigua
Administration was corrupt and operated poorly. He quoted Dr. Martin Luther King’s
“Freedom Speech” and expressed his hope that the new administration will be better for
Lawrence.
Richard Russell, 34 Cross Street, Lawrence, MA asked if the repaving project is
being halted because of the poor quality of work. He also asked if the selection process
for the new Chief of Police will be conducted differently when Mayor Rivera takes
office.
Doc. 281/13: FY’2014 Tax Classification – Board of Assessors –
Councilor Twomey presented a motion to take document 281/13 out of the order
Council Members.
525
Will Carpenter, President of the Merrimack Valley Chamber of Commerce, urged
the Council Members to consider not increasing taxes for the area businesses who remain
the “backbone” of the Lawrence economy.
Dick Russell, 34 Cross Street, Lawrence, MA stated that his property taxes seem
higher when the size of his parcel is compared with others in the City of Lawrence and
asked if the City Council could conduct a review of the property tax rates applied
throughout the City in order to equalize the assessment of real property.
Kathy Runge, 32 Dracut Street, Lawrence, MA asked the Council Members not to
forget that the multi family dwelling property owners will directly bear the cost of a
property tax increase. She stated that any increase in the cost of operating a multiple
dwelling building will seriously hurt the ability of the property owners who will have to
bear the increased financial burden of any cost of any increase.
Upon no further comment offered by any members of the public, Council
President Moran invited Assessor Breda Daou to present the Council with a review of the
property tax assessment analysis. Assessor Daou presented a power point review with
demonstrating the various tax rates and revenues available for consideration of the
Council Members.
Upon being granted the floor, Councilor Bernal posed questions about the reason
that personal property taxes will increase for tax year 2014. A discussion ensued
between Assessor Daou and Councilor Bernal regarding the interrelationship between
real property assessed value and the tax rate applied to real property.
526
Upon being granted the floor, Council Vice President River presented a motion to
establish a tax rate of 1.70 percent per thousand. The motion was seconded by Councilor
Bernal.
Upon being granted the floor, Council Vice President Rivera informed the public
and the Council Members that establishing a tax rate is a second step of determining the
amount of taxes that Lawrence residents will pay which begins with approval of the fiscal
budget early in the fiscal year and includes a property value assessment and
apportionment. He stated that he believes the property tax rate set at 1.70 percent will be
fair in that it will not place the entire tax burden on the commercial rate payer while also
being as fair as possible to the residential rate payer. He stated that a higher rate
established at 1.75 per cent would be unduly burdensome to businesses in Lawrence.
Upon being granted the floor, Councilor Bernal commented that she favors the
proposed rate of 1.70 percent and suggested that Seniors adversely impacted by the rate
could obtain a tax credit through the City Ordinances that provide tax relief for volunteer
work. Upon further inquiry, Finance Director Ianello stated that he didn’t have any
detailed information concerning the Senior tax credit program available through the
Council on Aging but would look into it further.
Council President Moran asked Director Ianello how many Seniors were eligible
527
to enter the tax credit program. In response, Director Ianello stated that the Ordinance
provided approximately 100 slots for Seniors to participate. Assessor Daou informed the
Council Members that Seniors may also apply for tax credit based on income eligibility
guidelines and that program is unlimited.
Upon being granted the floor, Councilor Almonte posed questions about
increasing corporate tax revenue and the impact it would have on residential rates if that
course were approved. Director Ianello informed the Council Members that the City of
Lawrence rate structure is proportional between Corporate/Industrial and Residential
assessments that will result in shifting the tax burden between each group of rate payers
based on the assessment approved by the City Council and the Department of Revenue.
Councilor Almonte noted that an increase in the corporate rate will necessarily result in a
proportionate lower rate due from residential real property assessments.
Upon being granted the floor, Councilor Twomey asked if there is any
information available to verify that a reduction in the corporate tax obligation will result
in an increase in corporate investment. Director Ianello stated he was not aware of any
statistical information on that matter.
Upon being granted the floor, Council Vice President Rivera stated that increasing
the corporate tax rate will adversely impact all businesses in the City of Lawrence.
Upon being granted the floor, Councilor Laplante commented that he did not vote in
favor of the FY 2014 Budget because it failed to provide for increased public safety
expenditures to provide for additional police and fire personnel which, directly correlates
528
with the tax assessment paid by all rate payers. He stated further that the City of
Lawrence should rely less on State Aide to avoid any future impact that the loss of State
revenue will cause if it occurs. He provided a comparison of tax rates and assessments of
other Cities and Towns similar to Lawrence and pointed out that Lawrence residents
enjoy the financial benefit of paying less taxes than most communities. Councilor
Laplante also discussed the revenue that is lost to the City of Lawrence whenever tax
relief is granted to non-profit agencies upon acquiring property in Lawrence. Councilor
Laplante presented a motion that the City Assessor’s Office forward a copy of all tax title
properties available in the City of Lawrence to the City Council Housing Committee.
The motion was seconded by Councilor Almonte and unanimously approved by the
Council Members present [8-0] [Councilor Twomey being absent from the Council
[Councilor Twomey left the City Council Meeting at 8:20 p.m.]
Council President Moran closed the discussion portion of the proceedings and called
Upon the motion of Council Vice President Rivera to approve the tax rate for the
City of Lawrence at 1.70 percent per thousand, as seconded by Councilor Bernal, the
Council Members present voted as follows on the item presented: Yes-4; No-4; Absent-1
Councilor Roger Twomey - Absent
529
to set the tax rate at 1.71 percent per thousand which was seconded by Councilor
Vasquez and approved by the Council Members present as follows: Yes -6; No-2;
Absent-1
Doc. 271/12: National Grid & Verizon – Request permission to locate poles, wires
and fixtures on Lowell Street – Public Hearing held – Approved
the public notice Council President Moran opened the public hearing portion of the
Council Members.
Dave Bouche appeared on behalf of the petitioner and provided the Council
Members with information concerning the reasons for its request.
530
Upon being recognized, Councilor Bernal presented a motion to approve the item
as presented which was seconded by Councilor Aquino and approved by the Council
Members present as follows: Yes-7; Abstain-1; Absent-1
Councilor Kendrys Vasquez - Abstain
Doc. 215/13: National Grid & Verizon–Request permission to locate poles, wires
and fixtures on Park St. at Monmouth St.–Public Hearing held - Approved
proceedings and invited anyone who wished to be heard concerning the petition to
present themselves before the Council Members.
531
Dick Russell, 34 Cross Street, Lawrence, MA asked if the double poles
throughout the City of Lawrence were being removed by the utility companies as the
Council had agreed would be done as a pre-requisite to the issuance of new pole location
petitions. In response, Council President Moran stated that the utility companies have
been making satisfactory progress with the removal of double poles. Mr. Russell
commented that the work was not progressing quickly enough.
Members present to consider the petition presented.
Upon the motion for approval presented by Councilor Bernal and seconded by
Councilor Almonte, the Council Members present voted to approve the petition presented
as follows: Yes-7; Abstain-1; Absent-1
532
Doc. 278/13: National Grid – Request permission to place underground electric
conduits on General Street – Public Hearing held – Approved
Council Members.
Members present to consider the item presented.
seconded by Councilor Reyes, the Council Members present approved the petition
presented as follows. Yes-7; Abstain-1; Absent-1
533
Doc. 308/13
Appropriation – Snow and Sanding – MGL Chapter 44, Section 31D –
John R. Isensee, Acting Director of Public Works – Ref. to Budget &
Finance Cmt. – Ref. to Budget & Finance Cmt.
Doc. 292/13: Parking - Acton Street – South side – three 30 minute parking spaces
Monday through Sunday [8:00 am to 9:00 pm] – Council Pres. Moran –
Ord. Cmt. – Withdrawn
At the request of Council President Moran, Councilor Bernal presented a motion
to receive the report of the Ordinance Committee without recommendation. The motion
was seconded by Councilor Vasquez and the Council Members presented voted
unanimously [8-0] to receive the report as presented.
item presented which was seconded by Councilor Almonte and unanimously approved by
the Council Members present [8-0][Councilor Twomey being absent from the Council
534
Doc. 298/13: Appointment–Lawrence Cultural Council–Mrs. Patricia R. Waters–81
White St., Lawrence, MA–Mayor Lantigua-Pers. Cmt. - Withdrawn
Council President Moran introduced the above item and informed the Council
Members that the appointment of Ms. Waters to the Cultural Council was premature.
presented a motion to Suspend the Rules of the City Council and draw the item from the
Personnel Subcommittee of City Council in order to consider withdrawal of the item
from the Council Agenda without prejudice.
Council President Moran stated that parliamentary procedure provides the City
Council President with the ability to remove an item assigned to any Subcommittee of the
City Council and a motion to Suspend the Rules of the City Council is not required.
Council President Moran informed the Council Members further that although the item
may be presented prematurely, the removal of the item from the Council Agenda is not
intended to have any other impact other than removal suggesting that withdrawal not
entail the inability to present the matter in the near future by way of recommendation
from the appointing authority. A discussion ensued between Council President Moran
and Councilor Bernal concerning the appropriate parliamentary process of removing
items from the various Subcommittees of the City Council in order to conduct further
proceedings before the Members of the Full Council.
Upon being recognized, Council Vice President Rivera presented an amendment
to his motion to provide for the withdrawal of the item without prejudice. The amended
motion was seconded by Councilor Almonte and unanimously withdrawn by vote of the
535
Council Members present [8-0][Councilor Twomey being absent from the Council
ITEM(S) ADDED TO AGENDA
VIII. OLD BUSINESS:
Doc. 297/13: Acceptance of a Federal HMIS II Grant – [$65,863.00] – Susan Fink,
Manager of Financial & Administrative Services – Community Development
Department – Approved
to approve the item presented which was seconded by Councilor Almonte and
unanimously approved by the Council Members present [8-0][Councilor Twomey being
absent from the Council Chambers at the time the vote was recorded].
IX. TABLED MATTERS:
139/11
188/11
148/11
219/11
39/10
89/12
Council Pres. Morans
Ord. Cmt.
Ord. Cmt.
536
124/12
85/12
201B/12
278/12
284/12
248/12
48/13
220/13
Moran
Public Hearing
Acceptance of amendment to increase Safe and Successful Youth
Initiative Funding pending submission of budget to include the additional
[$95,000.00] – Budget and Finance Cmt.
X. NEW BUSINESS:
303/13
304/13
305/13
306/13
307/13
309/13
Handicapped Parking – 87 East Haverhill Street – 1st floor (ramp side
door) – Roland Gamache - Counc. Almonte – Ref. to Ord. Cmt.
Ferry Street–between Marston to Prospect Sts. – Ordinance restricting
trucks/tractor trailers and the like –Counc. Almonte – Ref. to Ord. Cmt.
Resident Sticker Parking – Methuen Street – between Jackson and
Appleton Streets – Counc. Laplante – Ref. to Ord. Cmt.
No Parking – Weare Street – north side from 53 Weare Street to Stevens
Street – Counc. Laplante – Ref. to Ord. Cmt.
Second Hand Dealer License – 377 Essex Street - Jose Daniel Pimentel
Ref. to Ord. Cmt.
Bullet Proof Vest Partnership Grant [Federal = 15,403.66; State =
29,596.34; TOTAL = 45,000.00]-Lawrence Police Department –
Ref. to Budget & Finance Committee
ITEM(S) ADDED TO AGENDA
537
Doc. 310/13: No parking – 54 Eaton St.(between Andover and
Everett Streets) Counc. Bernal - Ref. to Ord. Cmt.
Council President Moran introduced the item to the Council Members present to
be added to the City Council Agenda as a “New Business” item. He informed the
Council Members that the Document Number 310/2013 was the next available document
number to be assigned.
Upon being recognized, Councilor Aquino presented a motion to Suspend the
adding the item to the Council Agenda. The motion was seconded by Councilor Reyes
and unanimously approved by the Council Members present [8-0][Councilor Twomey
being absent from the Council Chambers at the time the vote was recorded].
Council President Moran then referred the item to the Ordinance Committee for
XI. ADJOURNMENT:
ADJOURNED
(08:45p.m.)
Attest:
William J. Maloney
City Clerk
538
DATE: Tuesday, December 17, 2013
A REGULAR MEETING of the City Council was held on Tuesday,
December 17, 2013 at 7: 20 p.m. in the City Council Chamber with all Members present.
Approximately Eleven [11] persons were present.
of City Council Meetings conducted December 3, 2013 were submitted by the City Clerk
Upon being recognized, Council Vice President thanked the City Clerk and the
staff of the City Clerk’s Office for their work on submitting timely minutes throughout
the year.
539
Homayoun Maali, 53 Chester Street, Lawrence, MA wished the Council Happy Holidays.
He asked the New Mayor to support Public Safety Officers and Public Works
Department in their contract negotiations. He also asked the new Administration to
continue support for the Lawrence School Teachers. He informed the Council Members
that Isabel Melendez has provided tremendous public service to Lawrence residents and
all those who benefit from her work.
Richard Russell, 34 Cross Street, Lawrence, MA thanked Council President Frank
Moran for his work as President to the Lawrence City Council. He thanked Council Vice
President Rivera for his work throughout the year and presented a “boot” used during the
Mayoral Campaign as a symbol to remove Mayor Lantigua from office. He stated that
the Rivera congratulated the Rivera campaign for running a “clean” campaign unlike the
campaigns of Mayor Lantigua.
Ana Medina, 134 Marston Street, Lawrence, MA thanked City Council President
Moran for his leadership as the President of the Lawrence City Council. She stated that
she is proud that he was elected as her State Representative.
Doc. 308/13: Appropriation – Snow and sanding – MGL Chapter 44, Section 31D –
John Isensee - Budget and Finance Cmt. - Approved
540
the measure presented. The report was presented in the form of a motion to approve the
item presented which was seconded by Councilor Aquino and unanimously approved by
Doc. 318/13: Appropriation – Memorandum of Agreement Local 888, Service
Employees International Union –Charles D. Boddy, Jr., City Attorney - Withdrawn
Council President Moran introduced the item to the Council Members for their
consideration.
Council Vice President Rivera posed questions to City Attorney Boddy regarding
the presentment of the item so late in the year. Attorney Boddy stated that detailed
information regarding the item might best be presented to the Budget & Finance
Subcommittee in order to allow more time to provide information and for the Council
Members to give due consideration of the appropriation.
Upon being granted the floor, Councilor Laplante moved to withdrawn the item
from the Council Agenda. The motion was seconded by Councilor Bernal and the
Council Members present voted by roll call vote to withdraw the item from the Council
Agenda as follows: Yes-8; Abstain-1
Council Vice President Dan Rivera - Abstain
541
Doc. 319/13: Appropriation Transfer from Free Cash to Litigation [$350,000.00] –
Charles D. Boddy, Jr., City Attorney – Ref. to Budget & Finance Cmt.
Upon being recognized, City Attorney Charles Boddy introduced the item to the
Council Members present and indicated that the item has been submitted with a request
that it be take by the Council Members as an emergency matter.
A discussion ensued between Councilor Laplante and Council President Moran
regarding parliamentary procedure concerning emergency measures.
to suspend the Rules of the City Council and declare the measure an emergency to allow
the Council Members to address the item presented. The motion was seconded by
Councilor Bernal and the Council Members present voted unanimously [9-0] to suspend
the Rules of the City Council and declare the item an emergency measure to allow the
matter to be immediately addressed.
Upon being granted the floor, Councilor Laplante posed questions to Attorney
Boddy, who explained the emergency nature of the item explaining that the funds
requested were necessary to provide payment of settlements negotiated on behalf of the
City of Lawrence. A discussion ensued between Councilor Laplante and Attorney Boddy
concerning the resulting settlements subject to the petition presented. Attorney Boddy
explained that if the City Council failed to act on the items presented that exposure to
greater judgment amounts could result against the City of Lawrence.
542
explained that the amount requested concerns the payment of “outside Counsel”
representing the Lawrence Police Officers Union in pending litigation. A discussion
ensued between Council Vice President Rivera and City Attorney Boddy regarding the
result obtained on behalf of the Lawrence Police through the efforts of “outside Counsel”.
Upon being granted the floor, Councilor Almonte stated that an itemized bill for
services of Counsel would be helpful to the Council Members. Attorney Boddy provide
a copy of an itemized statement of services to the Council Members.
Upon being granted the floor, Councilor Bernal posed questions to Attorney
Boddy as to whether the same law firm is engaged with the Patrolman’s Union or any
other department. Attorney Boddy stated that he does not believe the firm is engaged in
any other capacity on behalf of the City of Lawrence
Upon being granted the floor, Councilor Laplante posed questions about other
Counsel being hired to represent the City of Lawrence in other matters. A discussion
ensued between Councilor Laplante and Attorney Boddy regarding other Council session
in which the City Attorney was committed to reducing the cost of outside Counsel by the
use of Counsel employed in the Office of the City Attorney.
Councilor Laplante asked Finance Director Ianello if the approval of the
appropriation would impact the credit rating for the City of Lawrence – Director Ianello
stated that it would have little impact on the City’s credit rating.
543
regarding the proposed appropriation. In response to inquiry of Council Vice President
Rivera, Attorney Boddy stated that the firm of Morgan, Brown and Joy [who was also
involved with the matter] also recommended settling the cases subject to the
appropriations submitted for approval. Further questions were posed by Council Vice
President Rivera concerning the Lawrence Patrolman’s Collective Bargaining
Agreement.
Upon no further discussion, comment or inquiry by the Council Members present,
Council Vice President Rivera presented a motion to deny the item presented which was
Upon being granted the floor, Councilor Bernal reminded the Council Members
present that City Attorney Boddy has stated that there are sufficient funds available in the
operating budget of the Office of the City Attorney to provide initial payments toward the
amounts of the settlements and that the item should be referred to the Budget & Finance
Committee for a more detailed analysis to provide the Council Members with more
information so it may make an sound decision on the amount requested.
Upon being granted the floor, Council Vice President Rivera withdrew his motion
to deny the item.
Upon being granted the floor, Councilor Vasquez discussed the terms of the
settlement agreements subject to the item presented.
544
Upon no further discussion Council President Moran referred the matter to the
Budget & Finance Committee.
Doc. 320/13: Appropriation Transfer from Free Cash to Judgments [$150,000.00] –
Charles D. Boddy, Jr., City Attorney – Ref. to Budget & Finance Cmt.
Council President Moran informed the Council about the necessity of the item
presented and referred the item to the Budget & Finance Committee for further
proceedings.
Doc. 314/13: Resolution – CCHS Football – Councilor Laplante – Tabled
Upon being granted the floor, Councilor Laplante stated that the recipients to be
honored by the Resolution could not be present this evening and presented a motion to
“table” the item. The motion was seconded by Councilor Almonte and the Council
Members present voted unanimously to “table” the item [8-0][Council Vice President
Rivera being absent from the Council Chambers at the time the vote was recorded].
Doc. 314/13: Tabled
Doc. 211/12: Stop Sign Adjustment – Stearns Ave. & Basswood St. – Councilor
Vasquez - Ord. Cmt. - Public Hearing Ordered
of the Ordinance Committee recommending a public hearing be ordered. The report was
Councilor Vasquez and unanimously approved by the Council Members present
545
[8-0][Council Vice President Rivera being absent from the Council Chambers at the time
Doc. 297/12: Handicapped Parking – 246 Farnham Street – Maria DelaCruz –
Ord. Cmt. - Public Hearing Ordered
Councilor Almonte and unanimously approved by the Council Members present
Doc. 289A/13: Handicapped Parking – 31 Ridge Road – to be removed –Counc.
Laplante - Ord. Cmt. - Public Hearing Ordered
Doc. 289A/13: Public Hearing Ordered
546
Doc. 289B/13: Handicapped Parking – 77 Cambridge Street – Counc. Laplante Ord. Cmt. - Public Hearing Ordered
[9-0].
Doc. 289B/13: Public Hearing Ordered
Doc. 290/13: Parking–between 326-334 Lawrence St.–7 am to 10 pm [7 days]–
Counc. Vasquez-Ord. Cmt. - Public Hearing Ordered
[8-0][Councilor Laplante being absent from the Council Chambers at the time the vote
was recorded].
Doc. 291/13: Handicapped Parking – 530 Broadway – Benny Guzman –
Ord. Cmt. - Public Hearing Ordered
547
302/13 Parking – 108-110 Saratoga Street – restrictions – Counc. Reyes - Ord. Cmt.
- Public Hearing Ordered
Doc. 307/13: Second Hand Dealer License - 377 Essex Street – Jose Daniel Pimentel
– Ord. Cmt. - Approved
At the request of Council President Moran, Councilor Bernal presented a motion
to receive the report of the Ordinance Committee without a recommendation. The
motion was seconded by Councilor Almonte and the Council Members present voted
unanimously [9-0] to receive the report presented.
Councilor Bernal presented a motion to approve the measure as presented. The
motion was seconded by Councilor Almonte and unanimously approved by the Council
Doc. 310/13: Parking – 54 Eaton Street – restrictions – no parking anytime –
Counc. Bernal - Ord. Cmt. - Public Hearing Ordered
548
Doc. 300/13: Police Department – FY’14 Mass. Municipal Police Services Staffing
Grant - $919,634.00 – Captain Scott McNamara & Chief James Fitzpatrick –
Budget and Finance Cmt. – Approved/30 days waived
presented which was seconded by Councilor Almonte
Council President Moran stated that he and Senator Barry Finegold worked
together to obtain State funding for the grant funds subject to the petition presented.
Police Chief Fitzpatrick commented on the necessity of the grant funds subject to
the petition and how the monies would be used by the Lawrence Police Department.
present, the Council Members present voted unanimously to approve the item presented
[9-0].
Councilor Bernal presented a motion to waive any applicable thirty day waiting
period pursuant to section 3.8(a) of The Lawrence City Charter. The motion was duly
549
seconded and unanimously approved by the Council Members Present [9-0].
Doc. 301/13: Extension of Lease at 225 Essex Street, Third Floor – approval –
James H. Barnes, Community Development Director –
Budget and Finance Cmt. – Approved [one year lease term only]
presented a motion to receive the report of the Budget & Finance Committee without a
recommendation. The motion was seconded by Councilor Almonte and the Council
Members presented voted unanimously [9-0] to receive the report presented without a
recommendation.
Council Vice President Rivera presented a motion to approve the measure
presented but to approve the lease for a term of one year only. The motion was seconded
by Councilor Bernal and unanimously approved by the Council Members present [9-0].
Doc. 309/13: Bullet Proof Vest Partnership Grant [Federal - 15,403.66;
State - 29,596.34]; Total of 45,000.00 – Lawrence Police Dept.Budget & Finance Cmt – Approved
the item subject to the petition. The report was presented in the form of a motion to
approve the item presented which was seconded by Councilor Aquino and unanimously
550
VII. WITHDRAWALS:
Council President Moran granted Councilor Bernal the floor for the purpose of
presenting matters concerning the withdrawal of pending matters before the Ordinance
Committee. Councilor Bernal presented a motion to withdraw the items listed below
from the City Council Agenda. The motion was seconded by Councilor Aquino and
Council Members present unanimously approved [8-0] by the Council Members present
[8-0][Council Vice President Rivera being absent from the Council Chamber at the time
Doc. 33/10: Pedestrian & Vehicular Safety – Issues on Winthrop Avenue –
Counc. Laplante - Ord. Cmt. - Withdrawn
Doc. 45/10: Vehicular speeding on Foster Street – Counc. Laplante –
Doc. 110/10: Colonial Heights Neighborhoods – prohibition of certain buses usage –
Counc. Laplante - Ord. Cmt. - Withdrawn
Doc. 215/10: Board and Commission Nominees – [CORI] – Counc. Laplante –
Doc. 216/10: Lawrence’s Streets – Use of speed bumps – Counc. Laplante –
Ord. Cmt. -Withdrawn
Doc. 237/10: Ordinance governing employee’s severance pay – Counc. Maldonado Ord. Cmt. -Withdrawn
Doc. 251/10: LRY [LeRoy, Rollins and Young] – Neighborhood address Council –
flooding – Counc. Almonte- Ord. Cmt. -Withdrawn
Doc. 275/10: Demolition Liens on Fire – damaged properties – Review –
Counc. Almonte - Ord. Cmt. - Withdrawn
Doc. 328/10: Exotic Animal Ordinance –Counc. Laplante - Ord. Cmt. - Withdrawn
551
Doc. 335/10: Marlboro Street – speed bumps – Counc. Laplante –
Doc. 346/10: Utilities & Private Contracts – road repairs – Counc. Laplante –
Doc. 356/10: On-Line Check – adopting viewing policies similar to Worcester –
Counc. Bernal - Ord. Cmt. -Withdrawn
Doc. 399/10: Money saving from reorganizing districts –Counc. Laplante –
Doc. 3/11: Adult Zoning District – clarification – revisions – Councs. Bernal, Rivera
and Laplante - Ord. Cmt. -Withdrawn
Doc. 4/11: Owner Occupied Residential – Real Estate – tax tier creation –
Counc. Bernal - Ord. Cmt. - Withdrawn
Doc. 7/11: Fast Food Establishments – Ordinance – trash receptacles –
Counc. Twomey - Ord. Cmt. - Withdrawn
Doc. 10/11: Parking – Hernandez Market – 47 Loring Street – [10] 20 mins. –
Eusebio Hernandez - Ord. Cmt. -Withdrawn
Doc. 27/11: Traffic Study – Pleasant Street – speeding issues –Counc. Almonte Ord. Cmt. –Withdrawn
Doc. 195/11: Skateboards – Ord. to regulate –Counc. Bernal & Officer T. Cuddy Ord. Cmt. -Withdrawn
Doc. 209/11: Conflict of Personnel Policy vs. City Ordinance –Counc. Maldonado Ord. Cmt. -Withdrawn
Doc. 210/11: Street Parking Review – no alternate parking –Counc. Maldonado Ord. Cmt. -Withdrawn
Doc. 223/11: Bodwell Street –school closings – Counc. Aquino –
Doc. 224/11: Fences in the City – Counc. Bernal - Ord. Cmt. -Withdrawn
552
Doc. 225/11: Stop Sign – South Street/South Union Street Bridge – Counc. Laplante
-Ord. Cmt. -Withdrawn
Doc. 229/11: Amendment to Fire Watch – Ordinance – City Atty. Charles Boddy Ord. Cmt. - Withdrawn
Doc. 236/11: Winter Parking Ban – Currier Street – Counc. Twomey –
Doc. 237/11: Parking – Prohibited on certain streets – Counc. Maldonado –
Doc. 7/12: Youth Art – Counc. Almonte - Ord. Cmt. -Withdrawn
Doc. 11/12: Bruce and Cornish Sts. – traffic review – Counc. Almonte –
Doc. 12/12: Bruce and Berkeley Sts. – traffic review – Counc. Bernal –
Doc. 39/12: Licenses – Application – Compliance – Counc. Laplante –
Doc. 129/12: Temporary Position – amend – Ord. Cmt. -Withdrawn
Doc. 179/12: Lawrence Police Station and South Broadway Fire Station –
Councs. Laplante, Bernal & Reyes - Ord. Cmt. - Withdrawn
Doc. 255/12: Lawrence Street between Haverhill and Oak Streets – Speed –
Counc. Almonte - Ord. Cmt. -Withdrawn
Doc. 281/12: City Employees – suspension without pay – Counc. Laplante –
Doc. 282/12: Eliminate Deputy Police Chief – Ordinance – Counc. Laplante –
Doc. 283/12: Recall Election upon Mayor’s indictment – Counc. Laplante –
553
Doc. 293/12: Traffic Study – Shawsheen Street –Counc. Almonte –
Doc. 299/12: Stop Sign – Pleasant and High Sts. – 4 way –Counc. Almonte –
Doc. 300/12: Election Workers – F.L.S.A Violation - William Collins –
Do . 322/12: Street Lighting – Counc. Almonte - Ord. Cmt. -Withdrawn
Doc. 332/12: No Parking – Knox Street – north side – Counc. Vasquez –
Doc. 338/12: Parking – prohibit trailer trucks – parking – So. Common –
Counc. Laplante - Ord. Cmt. -Withdrawn
Doc. 342A12: City Council – 6 month moratorium – Counc. Laplante –
Doc. 17/13: Traffic Study & Review Intersection – Lenox Street and Lenox Circle –
Counc. Bernal - Ord. -Withdrawn
Doc. 19/13: Stop Sign – Dracut and Clifton Street – Counc. Bernal –
Doc. 48/13: Handicapped Parking – 15 Eutaw Street – Iris Then –
Doc. 52/13: Classification of Hiring Procedure – Library – Maureen Nimno,
Library Director - Ord. Cmt. -Withdrawn
Doc. 56/13: Resident Parking – Monmouth Street – dead end –
Council Pres. Moran - Ord. Cmt. -Withdrawn
Doc. 67/13: Rodolpho’s Pizzeria – 121A South Broadway – request for 2 tables –
Counc. Twomey - Ord. Cmt. - Withdrawn
Doc. 88/13: Emergency - Fire Hydrant test – Council Vice Pres. Rivera –
Doc. 112/13: Medallions and Licenses – Cabs – Counc. Laplante –
554
Doc. 129/13: Concord Street – right turn on Broadway – Counc. Almonte –
Doc. 130/13: Local Musician Support – Ordinance –Council Vice Pres. Rivera Ord. Cmt. -Withdrawn
Doc. 147/13: Parking Facilities – outside audit – Counc. Bernal –
Doc. 148/13: Lawrence Parking Garage – fee collection – Council Vice Pres. Rivera
& Counc. Bernal - Ord. Cmt. - Withdrawn
Doc. 156/13 Stop Sign – Essex and Ames Streets – Counc. Twomey –
Doc. 164/13: Stop Sign – Basswood Street – Andew Wall, City Engineer –
Doc. 168/13: Handicapped Parking – Elm St. and Lincoln Court – John DelaCruz Ord. Cmt. -Withdrawn
Doc. 221/13: Shawsheen Road – one way –Council Pres. Moran –
Doc. 227/13: Parking -Merrimack Street – residential parking both sides –
Counc. Laplante - Ord. Cmt. -Withdrawn
Doc. 266/13: Loading Zone – 189-191 Essex Street – Miguel Tejeda –
Doc. 267/13: Livery License – Caribe Transportation –
Officer J. Flores, Hackney Unit - Ord. Cmt. -Withdrawn
555
Doc. 299/13: Taxi Cab – Discussion – Counc. Almonte - Ord. Cmt. –Withdrawn
Councilor Bernal then presented a motion to recommit the items listed below to
the Ordinance Committee for further proceedings. The motion was seconded by
Councilor Laplante and unanimously approved by the Council Members present [9-0].
Doc. 362/10: Carnival Rides on Common – Review ordinance – Counc. Laplante Ord. Cmt. – Ref. to Ord. Cmt.
Doc. 363/10: Use of Public Parks – Amend ordinance to regulate use –
Counc. Laplante - Ord. Cmt. – Ref. to Ord. Cmt.
Doc. 94/11: Trash Receptacle Ordinance – amend – remove –
Counc. Laplante - Ord. Cmt. – Ref. to Ord. Cmt.
Doc. 342/12: Medical Marijuana Treatment Center – Counc. Laplante –
Ord. Cmt. – Ref. to Ord. Cmt.
Doc. 144/13: Flashing Lights – Essex and Ames Streets –Counc. Aquino –
Ord. Cmt. – Ref. to Ord. Cmt.
Doc. 189/13: Noise Ordinance – to amend – Counc. Laplante - Ord. Cmt. –
Ref. to Ord. Cmt.
Upon being recognized, Councilor Laplante presented a motion to withdraw the
matters listed below presently pending before the Housing Committee. The motion was
present [8-0][Council Vice President Rivera being absent from the Council Chamber at
Doc. 311/05: Disposition – 202-202A Park Street – Richard Burke, Planning Dept. Hous. Cmt. - Withdrawn
Doc. 297/08: Disposition – 59-59A Newbury Street – Michael Sweeney, Planning
Dept. - Hous. Cmt. - Withdrawn
556
Doc. 298/08: Disposition – 61 Newbury Street – Michael Sweeney, Planning Dept. Hous. Cmt. - Withdrawn
Doc. 305/08: Disposition – Willow Street – Map 171, Lot 40 –Michael Sweeney,
Planning Dept. - Hous. Cmt. - Withdrawn
Doc. 228/09: Surplus Declaration – Lowell and Oxford Streets [handball court] –
Counc. Kolofoles - Hous. Cmt. - Withdrawn
Doc. 275/09: Live Where You Work Incentive Program – Council Pres. Moran Hous. Cmt. - Withdrawn
Doc. 55/10: South Lawrence Fountain enhancement – Council Pres. Moran - Hous.
Cmt. - Withdrawn
Doc. 179/10: Disposition – 124-130 Myrtle Street - Map 170, Lot 22 – April
Lyskowki, Real Prop.Acq./Disp. - Hous. Cmt. - Withdrawn
Doc. 188/10: Disposition Proposed – 77 Spruce Street – Tax Map #171, Lot 13 –
sale to Antonio Maria for a total of $32,000.00 – recommended combine Doc.
#188/10 and Doc. #189/10 – April Lyzkowski, Real Prop. Acq. /Disp. –
Hous. Cmt. - Withdrawn
Doc. 189/10: Disposition Proposed – 79-81 Spruce Street – Tax Map 171, Lot 12 –
sale to Antonio Maria for a total of $32,000.00 – recommended combine Doc.
#188/10 and Doc. #189/10 – April Lyzkowski, Real Prop.Acq/Disp. Hous. Cmt. - Withdrawn
Doc. 22/11: Home Rule Petition - Regulate a specific class of “HUD” subsidized
multi-family’s housing – Counc. Laplante - Hous. Cmt. - Withdrawn
Doc. 22A/11: Home Rule Petition - Resolution – tabled – Petition to Regulate a
specific class of “HUD” subsidized multi-family’s housing- Counc. Laplante –
Doc. 40/11: Lawrence Housing – review – Counc. Laplante –
557
Doc. 165/11: Acceptance of Real Property on Broadway in Lawrence for purposes
of constructing a community center – City Atty. Charles Boddy –
Doc. 287/12: Condominiums – Trash pick-up –Counc. Laplante –
Doc. 45/13: Holy Trinity Complex –conversion to housing not progressing as
approved by the Planning Board–Jonas Stunzia-Hous. Cmt. - Withdrawn
Doc. 159/13: Trees on city property on Greenfield Street and their impact on
resident’s home – Counc. Laplante - Hous. Cmt. - Withdrawn
Doc. 275/13: Acquisition of Real Property Deed from Enel Corporation to the City
of Lawrence – Map 125, Lot 32 – Dan McCarthy, Land Use Planner –
Hous. Cmt. – Withdrawn
IX. TABLED MATTERS:
Doc. 219/11: Fire Watch – Revision to City Ordinance 8.04.110 – Jack L. Bergeron,
Fire Dept. Acting Chief – Withdrawn
Upon being recognized, Councilor Laplante presented a motion to remove the
above item from the “table”. The motion was seconded by Councilor Almonte and
Rivera being absent from the Council Chambers at the time the vote was recorded].
Councilor Laplante presented a motion to withdraw the item from the City
Council Agenda which was seconded by Councilor Almonte and unanimously approved
by the Council Members present [8-0][Council Vice President Rivera being absent from
the Council Chambers at the time the vote was recorded].
558
Doc. 48/13: Handicapped Parking – 15 Eutaw Street – Iris Then – Ord. Cmt. &
Public Hearing to be ordered - Withdrawn
Upon being recognized, Councilor Vasquez presented a motion to remove the
above measure from the “table” which was seconded by Councilor Almonte and
Councilor Vasquez presented a motion to withdraw the measure from the City
Council Agenda which was seconded by Councilor Almonte and unanimously [9-0]
Doc. 89/12: Transient Vendor License – Raymond Gonzalez – 104 Olive Avenue –
Upon being recognized, Councilor Bernal presented a motion to remove the above
petition from the “table” which was seconded by Councilor Almonte and unanimously
Councilor Bernal presented a motion to withdraw the petition from the City
Council Agenda which was seconded by Councilor Almonte and unanimously approved
Doc. 284/12: Building Permits – update and corrective action plan – Council Pres.
Moran - Withdrawn
Upon being recognized, Councilor Almonte presented a motion to remove the
above item from the “table” which was seconded by Councilor Bernal and unanimously
559
Council Vice President Rivera presented a motion to withdraw the item from the
City Council Agenda which was seconded by Councilor Vasquez and unanimously [9-0]
Doc. 124/12: FY 2011 City of Lawrence Audit Reports – Issued by Powers and
Sullivan [Report on Examination of Basic Financial Statements, Reports on Federal
Award Programs, Management Letter, Report on compliance – School End of Year
Financial Report] – Council Pres. Moran – Withdrawn
Upon being recognized, Councilor Almonte presented a motion to remove the
item from the “table” which was seconded by Council Vice President Rivera and
Councilor Vasquez moved to withdraw the item from the City Council Agenda
139/11 Misuse of Funds legal options–Comptroller David Camasso & City Atty.
188/11 NECC’S Construction Site on Common Street – update and timeline – Council
Pres. Morans
148/11 Parking – Merrimack Street – alternate side parking – Coun. Laplante – Ord.
Cmt.
39/10 Charter Review – Counc. Bernal
85/12 Permit Parking–street designated–Section 10.40.060–Trenton St. from
Lawrence St. to Park St. – all day 7 days a week – Council Vice Pres. Rivera &
Counc. Reyes - Public Hearing
201B/12 Oak St. – (One Hr. Parking – 7am to 7pm) - Sec. 10.36.010.245 – Counc. Reyes
- Ord. Cmt. & Public Hearing to be ordered
278/12 Tax Credit for Senior Volunteers-MGL C. 59, Sec. 5K-Updated requested of
Mark Ianello, Finance Director-Counc. Bernal
560
248/12 Zoning Ordinance Amendment – Section 29-11 – Use Table- Automobile Sales
Dan McCarthy, Land Use Planner-Ord. Cmt. & Planning Bd. – Public Hearing
220/13 Acceptance of amendment to increase Safe and Successful Youth Initiative
Funding pending submission of budget to include the additional [$95,000.00] –
Budget and Finance Cmt.
X. NEW BUSINESS:
311/13 National Grid – Request to place underground electric conduits-Elm Street
-Jason Dwyer, Supervisor, Distribution Design – Ref. to Ord. Cmt.
312/13 Livery Licenses – [5 vehicles] at 525 Broadway – Kervin L. Valdez –
Ref. to Ord. Cmt.
313/13 Pascual Enterprises – Request to use the Pemberton Park-May 25, 2014 for a
Carnival [11 am to 11 pm]-Juan Pascual – Ref. to Ord. Cmt.
315/13 New Police Department Accounts – Auxiliary Police and Animal Control –
Chief James X. Fitzpatrick, Police Department – Ref. to Budget & Finance Cmt.
316/13 Common Street – ‘live parking’ – 414 Common Street – NECC shuttle bus
student drop-off and pick-up – Counc. Bernal – Ref. to Ord. Cmt.
317/13 Common Street – ‘live parking’ – 420 Common Street – NECC shuttle bus
student drop-off and pick-up – Counc. Bernal – Ref. to Ord. Cmt.
321/13 Taxi License Renewals for 2014 – Popular Taxi Co., LLC; Liberty Car
Services, Inc.; Merrimack Transportation Corp.; American Taxicab, Livery
LLC; JC Transportation, Inc.; Five Star Express Transportation, LLC; Go
United Express, LLC; Go Express, Inc. [formerly known as Go Caribe Express,
Inc.; All American Family Transportation, Inc. [formerly known as Villa
Jaragua Express, Inc. - Officer Jose Flores, Hackney Division –
Ref. to Ord. Cmt.
XI. ADJOURNMENT:
561
ADJOURNED
(09:01p.m.)
Attest:
William J. Maloney
City Clerk

2013 Council Mins

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