2007 Council Mins

Transcription

2007 Council Mins

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MINUTES OF THE MEETING
OF THE LAWRENCE CITY COUNCIL
DATE: Tuesday, January 2, 2007
A REGULAR MEETING of the City Council was held on Tuesday, January 2,
2007 at 7:15 p.m. in the City Council Chamber with all Members present, except for
Councilor Kolofoles. Council President Blanchette presided over the meeting.
Approximately Fifteen [15] persons were present.
A Moment of Silence was held.
The Pledge of Allegiance was recited.
I. ACCEPTANCE OF MINUTES:
The minutes of City Council Meetings conducted Sept. 5, 2006, Sept. 14, 2006, Sept.
20, 2006, Oct. 3, 2006, Oct. 17, 2006, Nov. 8, 2006, Nov. 21, 2006, Nov. 30, 2006, and Dec.
5, 2006 remain tabled.
II._PUBLIC PARTICIPATION:
Council President Blanchette requested those who wished to provide public input and
participation to present them-selves and address the City Council. Upon the invitation of
Council President Blanchette, the following individuals addressed the City Council:
Darliny Ayala, 102 Sunset Avenue Lawrence, MA spoke in favor of the proposal to
make Essex Street a two way street.
Jose Ayala, 102 Sunset Avenue Lawrence, MA spoke in favor of the proposal to
make Essex Street a two way street. He suggested the approval would be good for merchants
and customers.
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[Tuesday, January 2, 2007
John Lydon, 9 Monroe Street, Lawrence, MA stated that he observed a disturbance at
a local establishment requiring the attention of the Lawrence Police where young children in
strollers and on bicycles were present at 11:30 p.m. He questioned whether it was
appropriate for young children to be on the street at such a late hour and asked if their parents
were aware that these children were out of their homes and near an establishment that serves
alcohol.
III. PUBLIC HEARINGS:
Doc. 139/06: Advertising Leaflets and Signs – Ordinance – Hearing Held - Approved
At the request of Council President Blanchette, the City Clerk read the public hearing
notice regarding the above matter as published in the newspaper. Upon the conclusion of the
Clerk’s reading of the public notice, Council President Blanchette opened the public hearing
portion of the proceedings and invited anyone who wished to be heard to present themselves
before the Council Members.
Peter Blanchette, 45 Greenfield Street Lawrence, MA spoke in favor of the proposed
measure stating that the new ordinance, if approved, would enhance the ability of
Inspectional Services Personnel to enforce and possibly prevent violations of ordinances
intended to eliminate littering of all types.
Upon no further discussion or comment offered by anyone present, Council President
Blanchette closed the public comment portion of the proceedings and called upon the
Council Members present to offer comment or discussion.
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[Tuesday, January 2, 2007]
Upon being granted the floor, Councilor Parolisi asked if the ordinance applies to
political signs. Council President Blanchette explained that there are other ordinances in
place that address political signs.
Upon being granted the floor, Councilor Silva commented favorably on the proposed
measure and stated that it would improve the quality of life by preventing one form or
littering.
Upon no further discussion, comment or inquiry offered by the Council Members
present, Council President Blanchette 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 Silva, as seconded by Councilor Gosselin, the Council
Members present voted unanimously [8-0] to approve the ordinance regarding advertising
leaflets and signs.
Doc. 139/06: Approved
Doc. 238/06: Parking – Broadway St. (2) 30 minutes spaces – Hearing Held - Approved
Doc. 239/06: Parking -Broadway St. – (4) 30 minute spaces – Hearing Held - Approved
notice regarding the above as published. Upon the conclusion of the Clerk’s reading of the
public notice, Council President Blanchette opened the public hearing portion of the
proceedings and invited anyone who wished to be heard to present themselves before the
Council Members.
Frank McCann, D.P.W. Director, assured Council that the prior Mass Highway
agreement has been terminated to allow the proposed measure to be approved.
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A motion was presented by Councilor Gosselin to approve the measure as seconded
by Councilor Silva.
Upon being granted the floor, Councilor Frechette stated he was opposed to the
proposed measure and commented that he believed the proposed measure is inconsistent with
the opinion and conclusions reached by Traffic Engineers studying the traffic flow of the
location.
Upon being recognized, Councilor Parolisi stated that the proposed ordinance will
correct and improve parking in the affected area for all concerned.
Upon being granted the floor, Councilor Gonzalez commented that he believed the
proposed ordinance will improve the parking situation in the area where the merchants and
the public have been requesting relief of this kind.
Upon being recognized, Councilor Alvarez-Rodriguez asked if the proposed measure
was the same as presented at prior meetings.
Upon no further discussion or comment offered by the Council Members present,
Council President Blanchette 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 Gosselin as seconded
by Councilor Silva, the Council Members present voted as follows to approve six [6] thirty
minute parking spaces on Broadway. 7-YES; 1-NO; 1-ABSENT
Councilor Gosselin – Yes
Councilor Gonzalez – Yes
Councilor Parolisi – Yes
Councilor DiMarca – Yes
Councilor Kolofoles – Absent
Councilor Alvarez-Rodriguez – Yes
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Councilor Silva – Yes
Councilor Frechette – No
Councilor Blanchette- Yes
Doc. 238/06; 239/06: Approved
Doc. 349/06: National Grid and Verizon New England, Inc. – request permission to
locate poles, wires and fixtures – Osgood Street – Hearing Held - Approved
proceedings and invited anyone who wished to be heard to present themselves for comment
and discussion before the Council Members.
Upon no discussion or comment offered by anyone present, Council President
Upon no discussion or comment offered by the Council Members present, Council
President Blanchette 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 Parolisi, as seconded by Councilor Alvarez-Rodriguez, the Council
Members present voted unanimously [8-0] to approve the measure.
Doc. 354/06: Verizon, New England, Inc. – request permission to place conduits –
Methuen and Amesbury Streets – Hearing Held - Approved
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Council Members.
Attorney Joseph Gleason, Counsel representing National Grid and Verizon New
England, Inc., spoke in favor of the petition presented and explained the location, purpose
and necessity of the petition presented.
Councilor Gosselin presented a motion to approve the measure, as seconded by
Councilor Gonzalez.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked when the work
would be performed during the day. Attorney Gleason stated that Verizon would be flexible
as to times of work but he believed that the work would be performed probably during the
evenings. Councilor Alvarez-Rodriguez suggested the work should not be performed during
traffic rush hour period and asked if Councilor Gosselin would agree to amend her motion
“to limit work not be done during rush hour”. Councilor Gosselin accepted the Councilor
Alvarez-Rodriguez’s amendment.
Council President Blanchette called the motion for consideration and the Council
Members present voted unanimously [8-0] to approve Verizon, New England, Inc.
permission to place conduits on Methuen and Amesbury Streets.
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IV: APPROPRIATIONS-ORDERS-RESOLUTIONS:
Doc. 1/07: Resolution – Cristobal Ramos – Councilor Silva – Presented
The Council Members voted unanimously [8-0] to suspend the Rules of the City
Council and address the above matter out of order upon a motion presented by Councilor
Alvarez-Rodriguez as seconded by Councilor Gosselin.
Councilor Silva presented a Resolution in honor of Mr. Cristobal Ramos to the
Council Members present and the public .Mr. Ramos thanked the City Council Members for
the honor and recognition.
Doc. 1/07: Presented
V: COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY:
Doc. 7/07: Review of contract/job performance – Atty. James Bowers – Council
President Blanchette-Withdrawn
Council President Blanchette introduced the item regarding the matter and asked if
Assistant City Attorney Bowers preferred to have the matter addressed in executive session.
Attorney Bowers stated that given the fact that the comments of Council President Blanchette
were made “in public” that he would like the matter addressed before the City Council on
“open session”.
At the invitation of Council President Blanchette , Attorney Bowers reviewed the
history of the events and his responses regarding the matter of the “termination agreement”
for Budget and Finance Director John Griffin. Attorney Bowers particularly outlined his
response he provided to City Attorney Boddy regarding the matter and cited a chronology of
events. Attorney Bowers stated that his position as Assistant City Attorney is served through
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his assignment to the Lawrence Police Department. Attorney Bowers presented an exhibit of
the chronology discussed for review of the Council Members present.
Attorney Bowers informed the Council Members that he drafted a “termination
agreement” with terms of separation from employment in regard to position held by Mr.
Griffin as Director of Budget and Finance. He submitted the draft to the City Council
Members present and requested that the document remain “Confidential” due to the fact that
it applies to a current City employee [Director John Griffin]. He stated that the proposed
agreement was signed by Director Griffin on November 9, 2006. He stated that he had no
contact with the document until about December 11, 2006 and continued to discuss the
chronology of events.
Attorney Bowers voiced his objection to personal attacks on his honesty and
characterizations that his behavior is “unethical”. Attorney Bowers recounted his seven year
history with the City of Lawrence as an Assistant City Attorney with no instance of unethical
or dishonest conduct ever occurring or cited. Attorney Bowers stated that he believed that
Council President Blanchette’s comments were without merit, without accountability, and
intended to publicly tarnish his reputation. He stated that he considers the comments and
remarks of Council President Blanchette to be defamatory and with reckless disregard for
their truthfulness. He stated that he particularly believed the statements of Council President
Blanchette to be false and made with a reckless disregard for the truth.
Council President Blanchette asked Attorney Bowers questions concerning an
e-mail dated December 11, 2006. [Council President read the e-mail]. He asked Attorney
Bowers if he had signed the contract at that time.
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Upon being recognized, Councilor Silva asked which contract is being reviewed.
Council President Blanchette informed Councilor Silva that his inquiry at this time concerned
the facts and circumstances surrounding the “termination agreement” regarding Director
Griffin and that the overall inquiry before the Council concerns the performance of Assistant
Attorney Bowers in regard to his duties and obligations as an employee of the City of
Lawrence.
In response to Council President Blanchette’s last question, Attorney Bowers stated
that he had no knowledge that the agreement was completed and was surprised that the
agreement was signed. He stated that he believes he may have signed the agreement on
November 9, 2006 as to form only.
Council President Blanchette again asked Attorney Bowers if he signed the
agreement on November 9, 2006. Attorney Bowers stated that he was not sure if he signed
the agreement on November 9, 2006 but that his signature was provided to “approve it as to
form” whenever he may have signed it. He stated that he did retain a signed copy of the
document.
Council President Blanchette asked if Attorney Bowers’ responses to inquiries by the
City Council President were intended to protect the Mayor. Attorney Bowers stated that it
was his understanding that the contract was signed by the City and Director Griffin. He
emphasized that he did not retain a copy of the agreement.
Council President Blanchette asked Attorney Bowers if he contacted Mayor Sullivan
prior to December 19, 2006. Attorney Bowers stated he did not contact Mayor Sullivan in
that time frame. He stated he believed that he contacted Mayor Sullivan on December 13,
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2006 regarding this matter. Attorney Bowers stated that Planning Director Michael Sweeney
was contacted on behalf of the Mayor’s Office and that Director Sweeney suggested that the
Mayor signs many documents and he may not have a recollection of signing the agreement
regarding Director Griffin. A discussion ensued between Attorney Bowers and Council
President Blanchette regarding contact Attorney Bowers may have had with Mayor Sullivan
concerning the “termination agreement” subject of this inquiry. Council President Blanchette
commented that Attorney Bowers’ phone records indicate that Attorney Bowers was in
contact with the Mayor’s Office by telephone on December 19, 2006. Attorney Bowers
stated that he was unable to reach anyone at the Mayor’s Office as reflected by the short
duration of the telephone call referenced in the record.
Council President Blanchette asked Attorney Bowers if there were any meetings or
discussions concerning the proposal to draft a termination agreement. Attorney Bowers
stated he met with Chief of Staff Myles Burke and Director Griffin during in October 2006
and that Attorney Mark Sullivan, the Mayor’s Brother, was present during one meeting. He
stated that he doesn’t believe there was a form of the agreement reduced to writing at that
point.
Council President Blanchette asked Attorney Bowers to describe what he believes
would be the proper protocol in regard to a request from the Mayor to draft a legal document
like the termination agreement. Attorney Bowers stated that in labor matters there are
typically three copies of the draft labor agreement, one copy is provided to the Mayor, one
copy is provided to the opposing side and one copy is retained by the City Attorney. He
stated that he requested a copy of the termination agreement with Director Griffin’s signature
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from the Mayor’s Office but that he never received one. He stated although he typically
retains a copy of all documents and materials drafted or submitted through his office, he
didn’t make a copy of this document due to the fact that he didn’t believe the matter would
rise to the level of controversy that has occurred. Council President Blanchette stated that he
believes that it was irresponsible for Attorney Bowers not to make and keep a copy of the
agreement in this instance.
Attorney Bowers emphasized that he never stated that he didn’t have a signed copy of
the agreement despite telling Council President Blanchette that he believed the agreement
had been signed. Council President Blanchette responded by indicating that information
provided in e-mails from Attorney Bowers fails to unequivocally state that he had signed the
Separation Agreement at any time.
Attorney Bowers concluded his comments by stating that if the Members of the City
Council determine that his services as an Attorney are no longer necessary, then the decision
should be based on factual evidence which he believes does not exist in this case.
Upon invitation of Council President Blanchette, City Attorney Charles Boddy
informed the Council Members about his discussions of December 18, 2006 and the
memorandum he authored regard this matter that followed. Attorney Boddy stated that he
received a copy of the termination agreement concerning Director Griffin sometime around
December 18, 2006. Attorney Boddy discussed his understanding of the chronology of events
regarding the agreement. He informed the Council Members that he is concerned about the
manner this contract was entered and that a copy was not retained by the City Attorney.
Attorney Boddy stated that he is also very concerned that this issue has pitted City employees
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and public officials at odds with each other. He stated that he does not believe Attorney
Bowers had not been truthful with the City Council although he agrees that the information
provided in response to the requests could have been more forthcoming.
Council President Blanchette asked Attorney Boddy how a matter such as this would
be assigned to an Assistant City Attorney from the Mayor’s Office. Attorney Boddy
explained that personnel and others often avoid directly requesting legal assistance from the
City Attorney for a variety of reasons. He stated that it is not uncommon that some of the
City Staff Members who require legal assistance often are more comfortable with Staff
Attorneys in the City Attorney’s Office rather than the City Attorney. Council President
Blanchette asked if the City of Lawrence maintains a current employment contract with
Attorney Bowers. Attorney Boddy stated that Attorney Bowers contract for employment is a
one year contract dating back to 2001.
Upon being granted the floor, Councilor Frechette stated that he is upset with the
Administration for placing Attorney Bowers in this situation. He stated that this matter
reflects a communication problem between the Administration, City Council, and the public.
A discussion ensued between Councilor Frechette and Attorney Bowers regarding e-mails
dated December 11, 2006. Further discussion ensued between Councilor Frechette and
Attorney Bowers regarding the specific terms of the termination agreement pertaining to
Director Griffin.
In conclusion, Councilor Frechette stated that he believes Attorney Bowers has been a
pawn in this matter and that the Mayor’s Office orchestrated the entire mater in secrecy. A
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discussion ensued about the manner in which Attorney Bowers services are requested by the
Mayor.
Upon being granted the floor, Councilor DiMarca provided a brief history of issues
concerning breach of confidence that reached the highest ranks of government in U.S.
History during the Nixon Administration. He stated that the concept is similar in this
instance. He stated that although he believes that Attorney Bowers may have been subjected
to a lack of accountability advanced by the Mayor’s Office, he finds it difficult to believe that
Attorney Bowers could not recall the details of how the termination agreement was
completed. In response, Attorney Bowers recounted his memory of events.
Councilor DiMarca concluded by stating that the “open discussion” and “full
disclosure” are the cornerstones of democracy in practice. A discussion ensued regarding the
particulars of the termination agreement. Attorney Bowers stated that there were no other
separation agreements he drafted or prepared other than the one under scrutiny by the City
Council. He stated that the present termination agreement was the first and only one he ever
negotiated.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that she believes
Attorney Bowers has been caught in the middle of an unfortunate situation through events
beyond his control and beyond his fault. She stated that this case is an example of the reason
The City Council needs to exercise greater control and oversight over the City Attorney’s
Office.
Upon being granted the floor, Councilor Parolisi asked Council President Blanchette
what can be expected to result from this inquiry?
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Council President Blanchette stated that the purpose of his inquiry is to obtain facts
and information concerning a matter of great importance to the operation of City
Government. He explained that the lack of disclosure has caused the inquiry into this matter
and that information pertaining to the circumstances surrounding an apparent “secret
agreement” would not have been disclosed without a formal inquiry.
Councilor Parolisi asked Attorney Bowers if he could recount his response to
Attorney Boddy’s inquiry about the termination agreement. Attorney Bowers stated he never
had a discussion about the matter with Attorney Boddy and that his only discussion, if any,
was to information Attorney Boddy that he believed the contract had been signed. Attorney
Bowers explained that it is his belief and understanding that it is within the Executive Branch
has the authority to negotiate and terminate contracts. He stated that the purpose and
necessity of a termination agreement such as the one presented is to provide certainty to
terms regarding an existing contractual relationship.
He stated that he is unaware of any legal action or other recourse that may accrue to Mr.
Griffin as a result of his employment or termination of employment. In conclusion,
Councilor Parolisi stated that he believes Attorney Bowers’ work as an Assistant City
Attorney has been exemplary during the course of his employment and that his appearance
before the City Council this evening was an honest and competent representation of events
and circumstances surrounding this matter.
Council President Blanchette asked Attorney Bowers if he ever discussed the
possibility of a lawsuit with Director Griffin that may be brought against the City of
Lawrence. Attorney Bowers stated that he never discussed a lawsuit with Mr. Griffin.
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Upon being recognized, Councilor Alvarez-Rodriguez presented a motion to
withdraw the item, which was seconded by Councilor Parolisi.
Council President Blanchette stated that he disagrees with Attorney Bowers’
conclusions regarding the reason that an inquiry became necessary in this matter. He stated
that he believes Attorney Bowers’ comments mischaracterize the political and professional
reasons for bringing this matter to the attention of the City Council. Council President
Blanchette stated that the City Charter and City Ordinances provide that the Office of the
City Attorney, The Board of Assessors, and The City Clerk fall within the purview and
oversight of the nine members of the City Council for a good reason.
Council President Blanchette asked the City Clerk to enter an official notation that the
statements of December 18, 2006 are retracted. In particular, Council President Blanchette
stated he retracts his comments contained in the memo sent to the City Council in which he
comments that he believes Attorney Bowers “lied” to Attorney Boddy concerning his
knowledge of the termination agreement.
Upon no further discussion, comment or inquiry the Council Members voted to
withdraw the item by the following vote: 7-Yes; 1-No; 1-Absesnt;
Councilor Frechette – Yes
Councilor Silva - Yes
Councilor Alvarez-Rodriguez - Yes
Councilor Kolofoles - Absent
Councilor DiMarca - No
Councilor Gonzalez - Yes
Councilor Gosselin - Yes
Councilor Blanchette – Yes
Doc. 7/07: Withdrawn
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The following item was referred to the subcommittee as indicated:
Doc. 8/07: Essex Street – returning to a Two-way Traffic –
Mayor Sullivan-Ref to Ordinance
Doc. 11/07: Communication from DPW Director Frank McCann – Director McCann Withdrawn
Councilor DiMarca moved to withdraw the item from the Council Agenda which was
seconded by Councilor Parolisi and unanimously approved [8-0] by the Council Members
present.
VI. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 6/07: Resolution – Sully Erna – Councilor DiMarca – Tabled
Councilor DiMarca presented a motion to table the resolution for Sully Erna which
was seconded by Councilor Gonzalez and unanimously approved [8-0] by the Council
Members present.
Doc. 6/07: Tabled
VII. COMMITTEE REPORTS:
Doc. 371/06: National Grid & Verizon New England, Inc. – permission to locate poles,
wires and fixtures on Melrose Street - Ord. Comm. – Public Hearing Ordered
At the request of Council President Blanchette, Councilor Gosselin presented the
report from the Ordinance Committee to order a public hearing, in the form of a motion,
which was seconded by Councilor Gonzalez and unanimously [8-0] voted upon by Council
Members present.
Doc. 371/06: Public Hearing Ordered
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Doc. 372/06: National Grid & Verizon New England, Inc. – permission to locate poles,
wires and fixtures on Marston Street–Ord. Comm. - Public Hearing ordered
Members present.
Doc. 373/06: National Grid – permission to place underground electric conduits on
Merrimack Street - Ordinance Comm. – Public Hearing Ordered
Members present.
Doc. 375/06: Taxi – Livery Licenses – yearly renewal – Ordinance Committee –
Approved
report from the Ordinance Committee to approve the Taxi-Livery Licenses yearly renewal in
the form of a motion, which was duly seconded by Councilor DiMarca.
Councilor Frechette stated he has questions about the process.
The Council Members present voted unanimously [7-0] [Councilor Silva was absent
from chamber] to approve the measure.
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[The following item was added to the Agenda
as reported by the Budget & Finance Committee]
VIII. APPROPRIATIONS-ORDERS-RESOLUTIONS:
Doc. 368/06: Appropriation Transfer –Buildings and Facilities – Frank McCann, Jr.,
D.P.W. Director - Approved
Council President Blanchette brought the matter to the attention of the City Council
Members present. On motion presented by Councilor Parolisi as seconded by Councilor
Frechette the Council Members present voted unanimously [7-0] [Councilor Silva was absent
from chamber] to approve the Appropriation Transfer for D.P.W.
IX. WITHDRAWALS:
Doc. 305/06: Stop Sign – Floral Street – Ordinance Committee – Withdrawn
Council President Blanchette granted Councilor Gosselin the floor for the purpose of
presenting matters concerning the withdrawal of pending matters before the Ordinance
Committee in the form of a motion. The motion was seconded by Councilor Frechette and
Council Members present voted unanimously [7-0] to withdraw the matter from the City
Council Agenda.
Doc. 345/06: Boards and Commissions – applicants – registered voters to apply –
Ordinance Committee – Withdrawn
Committee in the form of a motion. The motion was seconded by Councilor DiMarca and
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Council Agenda.
Doc. 350/06: Disclosure of financial interest by municipal employees – Ordinance
Committee – Approved
report of the Ordinance Committee in the form of a motion to approve the measure. The
motion was seconded by Councilor Frechette and unanimously [7-0] approved by the
Council Members present to approve the disclosure of financial interest by municipal
employees.
Doc. 351/06: Oak Street – procedures to close street during school dismissals –
Ordinance Committee – Withdrawn
Committee in the form of a motion. The motion was seconded by Councilor Frechette and
Council Agenda.
Doc. 357/06: Handicapped Parking – 36 Newton St. – Ordinance Committee –
Withdrawn
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Committee in the form of a motion. The motion was seconded by Councilor Parolisi and
Council Agenda.
X. OLD BUSINESS: - None
XI. TABLED MATTERS:
The following items remained “tabled” without further action:
60/06
215/06
128/06
257/06
367/06
Zoning Board of Appeals, Planning Board, Lawrence Redevelopment Authority
& Conservation Commission – hearing held
Good Citizenship Award – Mayor
Acting Jobs Positions and Consultants – on more than 90 days
Resolution – Dr. Claire Paradiso
Water Treatment Center – Fiber Optics – update on who authorized such work to occur –
Where is the contract and the bid? – Council President Blanchette
XII. NEW BUSINESS:
Council President Blanchette brought the matters listed below to the attention of the
Council Members present and referred each to the Council Subcommittee as indicated:
2/07
4/07
5/07
9/07
10/07
Towing Policy – City of Lawrence – Martineau’s Towing Service, Inc. – Raymond J. Martineau,
Manager-ref. Ord. Cmt.
Handicapped Parking Sign – 17 Bedford Street – removal – Counc. Kolofoles-ref. Ord. Cmt.
Handicapped Parking Sign – 20 Hillside Avenue - Counc. Gonzalez-ref. Ord. Cmt.
Appointment – Planning Board – Mr. James M. O’Connell – nomination – Michael
Sweeney, Director-ref. Pers. Cmt.
Appointment – Zoning Board of Appeals – Kemal Bozkurt – reappointment –Michael Sweeney,
Planning Department Director-ref. Pers. Cmt.
XIII. ADJOURNMENT:
Upon Motion of Councilor DiMarca duly seconded by Councilor Parolisi, the Council
Members present voted unanimously [7-0] to Adjourn.
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ADJOURNED
(9:56p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, January 16, 2007
A REGULAR MEETING of the City Council was held on Tuesday, January 16,
2007 at 7: 05 p.m. in the City Council Chamber with all Members present except for
Councilor Frechette and Councilor Gonzalez. Council President Blanchette presided over the
meeting.
Approximately Eighteen [18] persons were present.
Council President Blanchette informed the Council Members present that the minutes
of City Council Meetings conducted Sept. 5, 2006, Sept. 14, 2006, Sept.20 2006, Oct. 3,
2006, Oct. 17, 2006, Nov. 8, 2006, Nov. 21, 2006, Nov. 30, 2006, Dec. 5, 2006 Dec. 12,
2006 and Dec. 16, 2006 were submitted by the City Clerk for consideration and acceptance
of the City Council Members.
The minutes remained tabled in order for the Council Member to review them.
II. TABLED MATTERS:
Councilor Alvarez-Rodriguez presented a motion to take document 6/07 out of the
order appearing on the agenda. The motion was seconded by Councilor Gosselin and
unanimously approved by the Council Members present [7-0].
Doc. 6/07: Resolution – Sully Erna – Councilor DiMarca – Presented
Councilor DiMarca read the resolution and presented it to Sully Erna.
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Mayor Sullivan praised Sully Erna, a Lawrence native, and presented him with a Key
to the City of Lawrence in honor of his accomplishments and outstanding achievements as a
musician.
Mr. Erna thanked the Lawrence Council Members for the honor and award.
III._PUBLIC PARTICIPATION:
participation to present themselves and address the City Council. Upon the invitation of
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA discussed Malden Mills recent
bankruptcy and requested that the City Council insist that any T.I.F. money be returned to the
City of Lawrence.
Israel Reyes, 370 Ames Street, Lawrence, MA spoke on behalf of the pending award
to the Berroa family and spoke favorably concerning their proposal to develop City property
if their bid is selected.
Eusebio Alicea, 306 Howard Street, Lawrence, MA spoke about the circumstances of
his son’s recent arrest and the arrest of other defendants by the Lawrence Police. He stated
that his son was attacked by the police while in the holding cell at the Lawrence Police
Station after he was already arrested.
Dalia Diaz, 315 Mount Vernon Street, Lawrence, MA informed the Council Members
present that Mr. Alicea’s son was arrested for smoking marijuana. She stated that it is her
understanding that the holding cells at the Lawrence Police Station have cameras and take
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periodic pictures of the cells. She stated that the police should have offered her the pictures
from the holding cell cameras. She also stated that she believes the Zoning Board, Planning
Board, and Licensing Board meetings are “public meetings” and should be televised.
IV. PUBLIC HEARINGS:
locate poles, wires, and fixtures on Melrose Street – Hearing Held – Approved
Council Members.
David Boucher, a representative from National Grid [the petitioner], presented and
explained the purpose of the petition.
A motion presented by Councilor Kolofoles to approve the item was seconded by
Councilor DiMarca.
At the request of Councilor Kolofoles, Mr. Boucher explained the reason and purpose
for relocating the pole subject to the petition as filed.
Council President Blanchette closed the discussion portion of the hearing and the Council
Members present voted unanimously [7-0] to approve the Public Hearing on National Grid
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and Verizon New England, Inc., request for permission to locate poles, wires and fixtures on
Melrose Street.
Doc. 371/06: Public Hearing Approved
locate poles, wires, and fixtures on Marston Street – Hearing Held - Approved
Council Members.
David Boucher, a representative from National Grid [the petitioner] explained the
reason for placement of the pole.
Upon being recognized Councilor Kolofoles presented a motion to approve the Public
Hearing which was seconded by Councilor Parolisi.
Upon being granted the floor, discussion ensued between Councilor AlvarezRodriguez and the representative from National Grid regarding the reasons for the work as
cited in the petition.
On behalf of the petitioner, Mr. Boucher informed Council Members present that the
work was already completed but did not want to speculate how the work was approved
without the City Council being notified.
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Councilor Alvarez-Rodriguez stated her disappointment regarding this information
and requested that Mr. Boucher provide the City Council Members with the name of
someone to contact at National Grid in order to determine how the work order was approved
prior to obtaining a grant from the Lawrence City Council. Mr. Boucher provided Councilor
Alvarez-Rodriguez with the requested information.
Upon being recognized, Councilor Kolofoles suggested the City Council forward a
letter to National Grid and Verizon New England, Inc. to be sure that the approval process is
followed in the future.
Council President Blanchette asked Mr. Boucher if it were possible that the approval
was granted as a result of approvals provided by the Massachusetts Highway Commission
improvement project around the Marston Street area. Mr. Boucher stated that he could not
be sure if that were the case and that he would look into the matter.
Council President Blanchette closed the discussion portion of the hearing and the Council
Members present voted unanimously [7-0] to approve the Public Hearing on National Grid
and Verizon New England, Inc. request for permission to locate poles, wires and fixtures on
Marston Street in Lawrence.
Doc. 372/06: Public Hearing Approved
Doc. 373/06: National Grid – request permission to place underground electric
conduits on Merrimack Street – Hearing Held - Approved
27
Council Members.
David Boucher appearing on behalf of National Grid explained the reason and
purpose of the proposed construction.
Mike Demers, 275 Merrimack Street, Lawrence, MA requested information as to how
much time the project would take since it would affect area residents and businesses.
Roy Wainwright stated he is not sure where poles will be located and/or removed and
will it affect the local businesses.
Mr. Boucher from National Grid stated that he could not answer the questions raised
directly but believes that it might be beneficial to have the project engineer present to
respond if the Council Members wished.
A representative from Monarch Properties [co-petitioner] informed the Council
Members present and the public that the location of the proposed work was selected in order
to complete the work as quickly as possible.
Upon being recognized Councilor Gosselin discussed the proposed plan submitted
and the concerns of the businesses. A discussion between Councilor Gosselin and Mr.
Demers regarding the proposal ensued. Further discussion ensued with Mr. Boucher and Mr.
Demers regarding the proposed construction location as referenced on the proposed map
submitted with the petition.
28
Upon being recognized, Councilor Kolofoles presented the motion to approve the
petition as presented which was seconded by Councilor Parolisi. The Council Members
present voted unanimously [7-0] to approve the Public Hearing for National Grid’s request
for permission to place underground electric conduits on Merrimack Street in Lawrence.
Doc. 373/06: Hearing Approved
V: COMMUNICATIONS FROM MAYOR, CITY OFFICIALS, AND CITY
ATTORNEY:
Council President Blanchette called the following two matters to the attention of the
Council Members as appearing on the Agenda which were referred as indicated:
Doc. 18/07:
Appointment – Cultural Commission – Patricia Waters – Mayor Sullivan
– Referred to Personnel
Doc. 19/07: Veterans Services Director–Sergeant Francisco Ureña –
recommendation-Mayor Sullivan- Referred to Personnel
Doc. 12/07:
Resolution – Attorney Al Zappala – Councilor DiMarca – Tabled
Council President Blanchette introduced the item and requested Councilor DiMarca
to proceed. Councilor DiMarca stated that the honoree was traveling in Italy and moved to
have the item “tabled” for presentment at a later date. The motion was seconded by
Councilor Parolisi. The Council Members present voted unanimously [7-0] to table the item.
Doc. 12/07: Tabled
Doc. 4/07:
Handicapped Parking– 17 Bedford Street – to be deleted, sign to be
removed – Ordinance Committee – Approved
29
At the request of Council President Blanchette, Councilor Kolofoles presented the
report from the Ordinance Committee to for the deletion approve the deletion of the
handicapped parking location and to approve an order to the DPW to remove any signage
that may designate the handicapped parking location at 17 Bedford Street. The report was
presented in the form of a motion which was seconded by Councilor Parolisi and
unanimously [7-0] voted upon by Council Members present.
Doc. 4/07: Approved
Doc. 9/07: Appointment –Planning Board - James O’Connell – Personnel Committee –
Approved
At the request of Council President Blanchette, Councilor Silva presented the report
from the Personnel Committee to approve the appointment of James O’Connell as an
Associate Member of The Planning Board. The report was presented in the form of a motion
which was seconded by Councilor Parolisi.
Upon being granted the floor, Councilor Gosselin stated that the applicant should be
present and available to the Full Council to allow Council Members who may not have had
the opportunity to meet the applicant to pose questions and to conduct an interview.
Planning Director Sweeney apologized for Mr. O’Connell’s absence and requested the
applicant be excused from attendance due to an important matter that required his attention.
Director Sweeney stated that he knew Mr. O’Connell very well and vouched for his ability
and character. Director Sweeney also offered to answer any questions that the Council
Members may have about the applicant.
30
Upon being recognized Councilor Kolofoles asked Director Sweeney if the
recommendation was a re-appointment. Director Sweeney stated “no” it is a new
appointment.
Upon no further comments, discussion or inquiry by the Council Members present,
Council President Blanchette called the motion to the attention of the Council Members. The
Council Members present voted unanimously [7-0] to approve the appointment of James
O’Connell to the Planning Board.
Doc. 9/07: Approved
Doc. 10/07:
Appointment – Zoning Board of Appeals – Kemal Bozkurt –reappointment- Personnel Committee – Approved
from the Personnel Committee to approve the re-appointment of Kemal Bozkurt as an
Associate Member of The Zoning Board of Appeals. The report was presented in the form of
a motion for approval which was seconded by Councilor Gosselin.
Upon being granted the floor, Councilor Alvarez-Rodriguez praised Mr. Bozkurt for
his work as an Associate Member of the Zoning Board over the past six years. She stated
that she would be glad to vote in favor of his re-appointment.
Council President Blanchette inquired briefly about Mr. Bozkurt’s participation and
involvement with the Zoning Board of Appeals. He also commented that he believed that
Mr. Bozkurt should have been recommended and approved as a voting member of the
Zoning Board of Appeals based upon his six years of excellent service to the board. At the
request of Council President Blanchette, Mr. Bozkurt explained his duties and
responsibilities as an Associate Member. He also explained that he applied for available full
31
time positions with the Zoning Board in the past and most recently in November/December
of 2006 but he did not receive an interview or recommendation from the Mayor’s Office as
he had hoped. He affirmed his dedication and enjoyment as a board member and asked that
the Council consider his reappointment favorably.
Council President Blanchette informed the Council Members present that the City
Council typically would approve members recommended for promotion from an Associate
position to a full time member post. He stated that the Council recently approved the
appointment of and individual recommended by the Mayor and Director Sweeney as a full
time member of the Zoning Board of Appeals. He stated that he found it odd that the recent
“full time” appointment and approval was an individual who had not served on the Zoning
Board in any prior capacity which is typically followed in order to orientate members to the
process and proceedings.
Upon being granted the floor, Councilor Gosselin asked about the stipend paid to
Associate Members in relation to the full members. She stated she is too is concerned that
Mr. Bozkurt was not considered or recommended for appointment as a “full time” member of
the board.
Upon being granted the floor, Councilor DiMarca asked Mr. Bozkurt if he thought the
proceedings before the Zoning Board of Appeal should be televised. Mr. Bozkurt stated that
the Zoning Board of Appeal Meetings should absolutely be televised due to the fact that the
proceedings concern and affect property rights of applicants and others in the City of
Lawrence.
32
Upon being granted the floor, Councilor Silva asked Director Sweeney to explain
why Mr. Bozkurt was not recommended for a permanent position as a voting member of the
Zoning Board. Director Sweeney stated that he only received one application forwarded by
the Mayor’s Office for the recent voting member position available. A discussion ensued
between Councilor Silva and Director Sweeney regarding the Zoning Board nomination and
appointment process and televising the Zoning Board of Appeal Meetings.
At the request of Councilor Parolisi, Director Sweeney informed the Council
Members present that voting members of the Zoning Board presently receive a $2,500.00
stipend.
Upon being granted the floor, Councilor Gosselin confirmed information provided by
Director Sweeney stating that the City Council only votes on board membership
recommendations presented by the Mayor. A discussion ensued about the Zoning Board and
Planning Board appointment process currently in place.
Mr. Bozkurt continued with his explanation about the process of submitting his
application for the available voting member position with the Zoning Board as well as the
application submitted for reappointment as an Associate Member. He stated that he
submitted the applications to the Mayor’s Office timely in both instances and followed up
with a telephone call to the Mayor. He stated that he never heard from the Mayor or his Staff
regarding the application submitted for the voting member position.
Upon being recognized, Councilor Alvarez-Rodriguez stated that she hopes Mr.
Bozkurt is not penalized for his openness and honesty concerning this matter. She stated that
she believes that Mr. Bozkurt would be qualified for an appointment as a permanent member
33
of the Zoning Board and hopes that he would be appointed as a voting member in the very
near future.
Council President Blanchette discussed the Charter provision concerning the Mayor’s
authority to recommend appointments to the various multiple member bodies and stated that
it would seem more appropriate that the Personnel Director review applications submitted.
Council President Blanchette called the motion for the consideration of the Council
Members. The Council Members present voted unanimously [7-0] to approve the reappointment of Kemal Bozkurt as an Associate Member of The Zoning Board of Appeals.
Doc. 220/06: Disposition – 56 Bromfield Street – (RFP) –
Housing Committee – Approved
At the request of Council President Blanchette, Councilor Alvarez-Rodriguez
presented the report from the Housing Committee recommending the Council Members
approve the disposition of 56 Bromfield Street by transferring title to the City owned
property to the Berroa family. The report was presented in the form of a motion which was
seconded by Councilor Kolofoles.
Upon being granted the floor, Councilor Alvarez-Rodriguez commented favorable on
the process followed in this matter and stated that she was pleased to recommend that titled
property be awarded to the Berroa family.
Council Members present voted unanimously [7-0] to approve the disposition of 56
34
Bromfield Street to the Berroa family in accord with the recommendation of the Housing
Committee.
Doc. 286/05: Disposition - 6-8 Bedford Street – (RFP) –
presented the report from the Housing Committee to approve the disposition of City owned
property located at 6-8 Bedford Street by transfer of title to the Pru family. The report was
presented in the form of a motion which was seconded by Councilor Kolofoles.
Upon being granted the floor, Councilor Alvarez-Rodriguez explained that the Pru
family owns property abutting the property subject to disposition. She stated that the
Housing Committee’s recommendation to select the proposal submitted by the Pru family
was determined to be the most beneficial use of the property.
Upon being recognized Councilor Kolofoles discussed the plan presented by the
bidders recommended by the Housing Committee and being considered by the Council
Members.
Council President Blanchette called the motion to the attention of the Council Members.
Upon vote of the Council Members present, the measure was approved as follows: 5-YES; 1NO; 3 ABSENT:
Councilor Marie Gosselin – Absent from Chamber
Councilor Jorge Gonzalez - Absent
Councilor Joseph Parolisi - Yes
Councilor Nunzio DiMarca - Yes
Councilor Nicholas Kolofoles - Yes
35
Councilor Nilka Alvarez-Rodriguez - Yes
Councilor Grisel Silva - No
Council Vice President Gil Frechette - Absent
Council Pres. Patrick Blanchette - Yes
Doc. 289/05: Disposition – 54-56 Bodwell Street – (RFP) –
presented the report from the Housing Committee to approve the disposition of 54-56
Bodwell Street by transfer of title to the City owned property to the Rivera family. The
report was presented in the form of a motion to approve and was seconded by Councilor
Kolofoles.
Upon being granted the floor, Councilor Kolofoles stated that he believes the surplus
survey notices sent to the various City Departments regarding the availability of City owned
property from the Planning Officer are insufficient in each instance. Councilor Kolofoles
stated that he believes the notices should provide more information about the potential
benefit the City may accrue by retaining the property regardless of any individual
departmental response.
Council President Blanchette informed the Council Members present that the surplus
survey is sent to each of the City Departments through the Planning Department and that the
current survey form contains a map referencing the size, location, and other useful
information that is reviewed by each Department to determine if the property could be used
for the benefit of the City in any manner. He stated that the current survey process
accomplished exactly what Councilor Kolofoles has stated is necessary.
36
Upon being granted the floor, Councilor Parolisi explained that he use to receive the
surplus survey forms as head of the Recreation Department. He stated that he considered the
information provided very seriously and diligently returned the form with his comments if
believe the location could be used by his department or possibly other departments.
Upon request by Council President Blanchette, April Lyskowsky, the Real Property
Acquisition Disposition Specialist stated that the sale price of the property was $20,000. Ms.
Lyskowsky also provided the Council Members with the sale price on the other City
properties previously approved for transfer during the meeting.
Upon being granted the floor, Councilor DiMarca stated that he hopes the monies
collected as a result of the sale of City property is spent wisely.
Upon being recognized, Councilor Alvarez-Rodriguez suggested that funds generated
by sale of surplus City property be “tracked” and accounted in order that the full amount
generated is known and can be reported to the public.
Upon vote of the Council Members present, the measure was approved as follows: 6-YES; 0NO; 1-PRESENT; 2 ABSENT:
Councilor Frechette – Absent
Councilor Kolofoles - Yes
Councilor DiMarca - Yes
Councilor Parolisi – Present
Councilor Gonzalez - Absent
37
Doc. 290/05: Disposition – 101 Bradford Street – (RFP) –
Housing Committee - Approved
presented the report from the Housing Committee to approve the disposition City owned
property located at 101 Bradford Street by transfer of title to the Tavares family. The report
was presented in the form of a motion to approve the transfer which was seconded by
Councilor Kolofoles.
Upon being granted the floor, Councilor Alvarez-Rodriguez informed the Council
Members present that the property as a “very small” parcel and invited Mr. Tavarez [the
proposed transferee] to describe his intended use of the property if approved by the full
Council.
Mr. Tavarez thanked the City Council Members for recommending his proposal for
approval and explained that he intends to pave and fence the parcel as an added part of his
property located immediately next to this location.
Upon being recognized, Councilor Kolofoles inquired and discussed the time and
difficulties involved with completing transfer of title of City property to successful bidders
even after formal approval by the City Council. Planning Director Sweeney provided the
Council Members with a summary of the disposition process from surplus survey through
recording of the deed.
Upon being granted the floor, Councilor DiMarca stated that he favors the
recommendation and is aware that the bidder being recommended is a responsible member of
the Lawrence Community.
38
Councilor Alvarez-Rodriguez commended Mr. Tavares for his participation and
cooperation with the bid process.
Council Members present voted unanimously [7-0] to approve the disposition of 101
Bradford Street to the Tavares family.
VIII. WITHDRAWALS:
Doc. 344/06: CORI Checks for elected officials –
Committee of the Whole – Withdrawn
At the request of Council President Blanchette, Councilor Parolisi presented the
report from the Committee of the Whole in the form of a motion to withdraw Doc. 344/06
from the Council Agenda. The motion was seconded by Councilor Kolofoles and the Council
Members present voted to withdraw the item as follows: 6-YES; 1-NO; 2 ABSENT
Councilor Gonzalez – Absent
Councilor Kolofoles – Yes
Councilor Silva – No
Doc. 347/06: City Departments – request for up-to-date Reports –
Committee of the Whole – Withdrawn
39
report from the Committee of the Whole in the form of a motion to withdraw Doc. 347/06
from the Council Agenda. The motion was seconded by Councilor DiMarca and the Council
Member present voted to withdraw the item as follows: 6-YES; 1-NO; 2 ABSENT
Councilor Silva - No
IX. OLD BUSINESS:
The following items were referred to the subcommittee as indicated:
245/04
Disposition – 376-378 Hampshire St.- recommendations – Michael
Sweeney, Director, Planning Department – Referred to Housing
295/05
Disposition – 491 Hampshire St. – recommendations- Michael Sweeney,
Director, Planning Department – Referred to Housing
296/05
Disposition – 281 Haverhill St. – recommendations – Michael Sweeney,
299/05
Disposition – 189-193 Jackson St. – recommendations – Michael
Sweeney, Director, Planning Department – Referred to Housing
300/05
Disposition – 19-21 Lea St. –recommendations –Michael Sweeney,
222/06
Disposition – 298-302 Lowell St.- recommendations – Michael Sweeney,
X. TABLED MATTERS:
40
60/06
215/06
128/06
257/06
367/06
Zoning Board of Appeals, Planning Board, Lawrence Redevelopment
Authority & Conservation Commission – hearing held
Water Treatment Center – Fiber Optics – update on who authorized such
work to occur –Where is the contract and the bid? – Council President
Blanchette
XI. NEW BUSINESS:
3/07
13/07
14/07
15/07
16/07
17/07
20/07
21/07
Parking – Hill Street – restrictions – Council Pres. Blanchette-Ref. to Ord.
Parking – Rollins Street – conditions – Council Pres. Blanchette-Ref. to Ord.
Temporary Appointments – city ordinance (2.04.081) to be amended –
Council Vice President Frechette – Ref. to Ord.
National Grid– req. permission to place underground electric conduits on Embankment St
– Ref. to Ord.
National Grid and Verizon New England, Inc. – request permission to locate poles, wires,
and fixtures on Water Street – Ref. to Ord.
National Grid and Verizon New England, Inc. – request permission to locate poles, wires,
and fixtures on Community Avenue – Ref. to Ord.
Stop Light – rotary at Manchester and May Streets – Counc. DiMarca-Ref. to Ord.
Adoption of MGL Section 23D of Chapter 39 of the General Laws (Section 23D)Council Pres. Blanchette- Ref. to Ord.
XII. ADJOURNMENT:
Upon Motion of Councilor Kolofoles duly seconded by Councilor Gosselin, the
Council Members present voted unanimously to Adjourn.
ADJOURNED
(9:04p.m.)
Attest:
William J. Maloney
City Clerk
41
DATE: Tuesday, February 6, 2007
A REGULAR MEETING of the City Council was held on Tuesday, February 6,
Councilor Alvarez-Rodriguez. Councilor Kolofoles arrived at 7:04 pm and Councilor
Gonzalez arrived at 7:05 p.m. Council President Blanchette presided over the meeting.
Approximately Forty Seven [47] persons were present.
of City Council Meetings conducted Sept. 5, 2006, Sept. 14, 2006, Sept.20 2006, Sept. 26,
2006, Oct. 3, 2006, Oct. 17, 2006, Nov. 8, 2006 and Nov. 21, 2006, Nov. 30, 2006, Dec. 5,
2006, Dec. 12, 2006, Dec. 16, 2006, Dec. 19, 2006, Jan. 2, 2007, Jan. 16, 2007 and the
Executive Session of October 3, 2006 were submitted by the City Clerk for consideration and
acceptance of the City Council Members.
Upon being recognized on a point of personal privilege, Councilor Kolofoles objected
to the approval of the minutes stating that there are errors contained in the minutes submitted.
Upon the motion of Councilor Parolisi as seconded by Councilor Gosselin the
Council Members present voted as follows to approve the minutes. 6-Yes; 2-No; 1 Absent
42
[Tuesday, February 6, 2007]
Councilor Kolofoles – No
Councilor Alvarez-Rodriguez – Absent
Cristobal Ramos, 1 Farnham Street Lawrence, MA stated he supports Sergeant Urena
for appointment as the Veterans Administration representative for the City of Lawrence.
Henry Misserville, 249 Ferry Street, Lawrence, MA stated that the City shelters
would be available to the homeless during the cold winter days and nights.
Charles R. Breen, 122 Amesbury Street, Lawrence, MA spoke about the public bid
for the real property located at 281 Haverhill Street and the real property that will be made
available for public bid at 277 Haverhill Street. He stated that his business [Breen Funeral
Home] would like to receive appropriate consideration by the Members of the City Council
when the matters are presented for their vote and approval. He cited the many years of
service his business has provided to the Lawrence Community and stated that his family’s
commitment to the City of Lawrence should be recognized.
Phil Glendye, 23 Ames Street, Lawrence, MA spoke in favor of awarding a vacant lot
located at 281 Haverhill Street to Breen Funeral Home.
43
Tina Traisnell, 301 Haverhill Street, Lawrence, MA, principal of St. Mary of
Assumption Grammar School, stated that she was concerned about the proposed construction
of a business on the lot located at 281 Haverhill Street being considered by the City Council
Members for disposition and award. She stated that the location of a business in the
immediate vicinity of St. Mary’s Grammar School should not be permitted.
Janice M. Jacobs, 501 Mt. Vernon Street, Lawrence, MA discussed the loss of the
availability of parking that would result if the real property at 281 Haverhill Street were
awarded as proposed.
James Jacobs, 501 Mt. Vernon Street, Lawrence, MA discussed the parking
difficulties in the area of 281 Haverhill Street and stated that he opposes proposed disposition
of the property.
Lisa Breen, 122 Amesbury Street, Lawrence, MA stated that the real estate at 281
Haverhill Street will cause parking problems if the property were awarded to a developer as
proposed.
Attorney Thomas Caffrey, 300 Essex Street, Lawrence, MA stated that the bid award
for real estate at 281 Haverhill Street should be awarded to the Breen Funeral Home.
Gary Keating 91 Summer Street, Lawrence, MA spoke in favor of the appointment of
Sergeant Urena to the Veterans’ Services Office.
Doc. 19/02: Parking – Eastside Street – alternate parking to be inserted – Hearing Held
Approved- send letter to City Attorney
44
Council Members.
Upon no public comment offered on the matter, Council President Blanchette closed
the public hearing portion of the proceedings and called upon the Council Members present
to offer comment or discussion.
Upon being granted the floor, Councilor Kolofoles questioned the legality of
presenting a 2002 petition for public hearing and stated that he would move to approve the
matter if that motion would also include requesting the City Attorney to provide a legal
opinion to determine whether or not the measure can be presented to the City Council for
approval since the order for a public hearing had entered almost five years earlier. Councilor
Parolisi seconded the motion as presented by Councilor Kolofoles which was unanimously
approved by the Council Members present [8-0].
Doc. 19/02: Approved [Request for Legal Opinion to be sent to City Attorney]
Councilor Parolisi presented a motion to take document #12/2007 out of the order
appearing on the agenda. The motion was seconded by Councilor DiMarca and unanimously
IV. TABLED MATTERS:
Doc. 12/07: Resolution – Al Zappala – Councilor DiMarca – Presented
Council President Blanchette brought the measure to the attention of the Council
Members present and called upon Councilor DiMarca to present the Resolution.
45
Councilor DiMarca introduced the recipient of the Resolution and read the Resolution
into the record. Attorney Al Zappala thanked Councilor DiMarca and the Council Members
present.
V. PUBLIC HEARINGS:
Doc. 233/06: Mileage Reimbursement – Section 2.140.240 of the Municipal Code –
Hearing Held – Approved
Council Members.
presented by Councilor Kolofoles as seconded by Councilor Gonzalez, the Council Members
present voted unanimously [8-0] to approve the measure.
46
VI: COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY:
Doc. 22/07: South Lawrence East Middle School National Junior Honor Society –
Council Pres. Blanchette – Presented
Council President Blanchette presented the matter and introduced the members of the
South Lawrence East Middle School’s National Junior Honor Society. Council President
Blanchette stated that the students are trying to raise funds for their trip to Washington D.C.
planned for the spring.
Patricia McGonagle, teacher/advisor of the South Lawrence East Middle School,
introduced students and Honor Society Members Kaitlyn Norris and Kayla Rodriguez who
discussed their plans to visit Washington D.C. during April School Vacation. The students
stated that public donations will be used to defray the cost and expense of funding their trip
to Washington D.C.
Mrs. McGonagall asked that donations be sent to the South Lawrence East Middle
School in the name of the National Junior Honor Society.
Upon being recognized Councilor Silva commented on the importance of donating to
this worthy cause.
Doc. 38/07: Charter Review – regarding Mayor and Nine (9) Councilors – Council Vice
President Frechette- Ref. to Committee on the Whole
Council Vic President Frechette stated that he placed the item on the agenda to
discuss possibilities of changing the form of government under the present City Charter from
a Mayoral form of government to a City Manager form of Government. He stated that a City
manager is necessary to properly run the City of Lawrence under the present conditions.
47
Council President Blanchette referred the matter to the Committee on the Whole.
Doc. 38/07: Ref to Cmt. on of the Whole
VII. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 39/07: Resolution – Miguel DiMarca – Councilors Gosselin
and DiMarca – Tabled
Councilor DiMarca presented a motion to table the resolution which was seconded by
Councilor Gonzalez. The Council Member present voted unanimously [8-0] to table the
matter.
Doc. 39/07: Tabled
Doc. 40/07: Resolution – Ann Anzalone – Councilors Gosselin and DiMarca-Tabled
A motion presented by Councilor DiMarca to table the resolution was seconded by
Councilor Gonzalez and unanimously [8-0] voted upon by Council Member present.
Doc. 40/07: Tabled
VIII. COMMITTEE REPORTS:
Doc. 18/07: Appointment – Cultural Commission – Patricia Waters – Personnel
from the Personnel Committee to approve the appointment of Patricia Waters to the Cultural
Commission. The report was presented in the form of a motion to approve the measure
which was seconded by Councilor Gonzalez.
Upon being granted the floor, Councilor Kolofoles invited Ms. Waters to the podium
and asked her why she wanted to be a Member of the Lawrence Cultural Commission.
48
Ms. Waters stated she would like to serve as a Member of the Lawrence Cultural
Commission because she believes the Commission performs a valuable civic function and
that she would do a very good job as a member. Councilor Kolofoles thank her for applying
and praised her for all she has done for the City of Lawrence.
Upon no further discussion or inquiry, The Council Member present voted
unanimously [8-0] to approve Ms. Waters appointment as a Member of The Lawrence
Cultural Commission.
Doc. 19/07: Appointment – Veteran’s Services – Sergeant Francisco Urena –
Pers. Committee- Recessed
from the Personnel Committee to approve the appointment of Sergeant Francisco Urena to
serve as the Director of the Veterans Services Department. The report was presented in the
form of a motion to approve the measure which was duly seconded by Councilor DiMarca.
Upon being granted the floor, Councilor Kolofoles invited Sergeant Francisco Urena
to the podium and asked him to discuss why he would like to be appointed to the represent
the City of Lawrence as the Veterans Service Officer. Mr. Urena stated that the position
offered him an opportunity to “give back” to the community in a unique manner. Sergeant
Urena discussed his volunteer work with the Veteran’s Services Office in 2006 and informed
the Council Members that he took additional training classes to help him understand the
implementation of administrative responsibilities attendant to the position.
49
Councilor Kolofoles began to inquire about the procedures that were necessary to
follow when processing benefit applications submitted when the proceedings were
interrupted by the sudden illness of Council President Blanchette.
[hearing on the measure incomplete]
IX. CONTINUED MATTERS:
The following matters were continued to the next sitting of the City Council as
publicly advertised:
Committee Reports
245/04
Disposition – 376-378 Hampshire Street – Hous. Comm.
295/05
Disposition – 491 Hampshire Street – Hous. Comm.
296/05
Disposition – 281 Haverhill Street – Hous. Comm.
299/05
Disposition – 189-193 Jackson Street – Hous. Comm.
300/05
Disposition – 19-21 Lea Street – Hous. Comm.
**************************************************************************************
Withdrawn
**************************************************************************************
Old Business
223/06
Disposition – 79 Market St.–recommendations–Michael Sweeney, Planning Dept. Dir.
224/06
Disposition - 148A-150 Newbury Street –recommendations– Michael Sweeney, Planning
Department Director
252/04
Disposition – 8-10 Temple Street – recommendations – Michael Sweeney, Planning
Department Director
313/06
Disposition – 352 Broadway St.–recommendations – Michael Sweeney, Planning
Department Director
314/06
Disposition – 426-428 Broadway St.– recommendations–Michael Sweeney, Planning
Department Director
315/06
Disposition – 4 Brook St.– recommendations – Michael Sweeney, Planning Dept. Dir.
334/06
Monarch on the Merrimack – Wood Mill, LLC – Tax Increment Financing (TIF)Michael Sweeney, Planning Dept. Director
**************************************************************************************
Tabled Matters
60/06
215/06
128/06
257/06
367/06
39/07
Resolution – Miguel DiMarca – Councilors Gosselin and DiMarca
40/07
Resolution – Ann Anzalone – Councilors Gosselin and DiMarca
**************************************************************************************
New Business
23/07
Parking – two parking stand spaces – Merrimack Taxi – 15 Newbury St.- Counc. Silva
50
24/07
25/07
26/07
27/07
28/07
29/07
30/07
31/07
32/07
33/07
34/07
35/07
36/07
37/07
41/07
42/07
City Boards/Commissions Meetings- to be televised- Create an Ordinance that will
require all meetings to be televised on Channel 22 – Councilors Silva and DiMarca
Prior year’s bill – Randstad – unpaid – Myles Burke, Acting Commissioner Inspectional
Services Department
We Transport You Corp. – application to be renewed – Sgt. Bonilla, LPD
Handicapped Parking – 26 Atkinson Street – Lois Cosme
St. Patrick’s Day Parade – March 11, 2007 @ 1:00 p.m. - Counc. Gosselin
Parking – Andover Street – from Andover line to Broadway St. – parking issuesCouncil Vice Pres. Frechette
Jakes Pond – Request feasibility study for making this area a city parkCouncil Vice Pres. Frechette
City Ordinance – Review/Amend Section 2.80.010 – 2.80.050 – Council Pres. Blanchette
Commonwealth of Massachusetts – Consideration and Adoption – Chapter 136
Bill H2511 (An Act providing Senior Tax Relief) – Counc. Silva
Wood Mills – Economic Opportunity Area - Michael Sweeney, Planning Dept. Director
Arlington Mills Smart Growth Overlay District (40R) – Michael Sweeney, Planning
Department Director
Dedication of Highgate St., Map #210, Lot #15 for burial purposes–Mary Louise Boddy,
Bellevue Cemetery Board of Directors, Chairman
Traffic Signals–Common St. from Broadway to Jackson St. – review of synchronizationCounc. Kolofoles
Local Tax Exemptions Qualifications: Review - Chapter 59.5.41C and 59.5.17D –
Counc. Kolofoles
Surplus Declarations – 277 Haverhill Street – Michael R. Sweeney, Planning
Department Director
Lawrence Community Works – 2006 Unpaid Invoices – David A. Camasso, Office of
Budget and Finance
IX. RECESS:
Upon Motion of Councilor DiMarca as seconded by Councilor Kolofoles, the Council
Members present voted unanimously to Recess.
RECESSED
(8:10p.m.)
Attest:
William J. Maloney
City Clerk
51
2007 and Continued Tuesday February 13, 2007 at 7: 04 p.m. in the City Council Chamber
with all Members present. Council President Blanchette presided over the meeting.
Approximately Thirty Seven [37] persons were present.
I. ACCEPTANCE OF MINUTES: - None
II._PUBLIC PARTICIPATION: - None
III. PUBLIC HEARINGS: - None
IV: COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY
- None
V. APPROPRIATIONS-ORDERS-RESOLUTION: - None
VI. COMMITTEE REPORTS:
A motion to terminate recess of February 6, 2007 and resume Council proceedings
was presented by Councilor Parolisi and seconded by Councilor Alvarez-Rodriguez. The
Council Members present voted unanimously [9-0] to approve the motion as presented.
Council President Blanchette thanked everyone for their kindness and concern
expressed after he became ill during the last City Council Meeting. He stated that he was fit
and ready to continue with the business of the City.
Doc. 19/07: Appointment – Veteran’s Services – Sergeant Francisco Urena – Personnel
Committee – Approved & 30 Day Period Waived
Upon resuming Councilor President Blanchette reviewed the procedural history of the
meeting of February 6, 2007 and stated that the proceedings regarding the present matter left
off with a report of Councilor Silva presented as a motion to approve the
52
appointment of Sgt. Urena as the Director of Veteran’s Services for the City of Lawrence.
He stated that the record indicates that the motion to approve was seconded by Councilor
DiMarca and that the prior proceedings concluded while Councilor Kolofoles had the floor.
Upon the floor being returned, Councilor Kolofoles resumed his inquiry regarding the
proper method by which applications for processing Veteran’s Benefits should follow. Upon
request of Councilor Kolofoles, Sergeant Urena explained the qualification process for
Veterans who may have been dishonorably discharged. Councilor Kolofoles asked the
candidate about the degree of diligence required to assure prevention of fraud. Sgt. Urena
responded by stating that fraud is constantly a concern and addressed on a case by case basis.
In conclusion, Councilor Kolofoles praised Sgt. Urena for his efforts and assistance offered
to victims of last year’s floods and commended him for his compassion and service to the
Lawrence Community. Based upon these attributes, Councilor Kolofoles stated that he will
gladly support Sgt. Urena’s application for the position.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked Sgt. Urena about
his recent and current activities assisting the Acting Veteran’s Director Jorge DeJesus.
Sergeant Urena discussed improvements in the administration of the office to maintain
contact with Veterans receiving benefits and to assure benefits are being offered and paid
legitimately.
Upon being recognized, Councilor Kolofoles suggested the appointment, if approved,
should be effective as of February 6, 2007. He stated that the one week delay
53
in the approval process was not caused by the applicant and that it appears that the applicant
would have been approved on February 6, 2007 but for delay imposed that was beyond
anyone’s control.
Upon being granted the floor, Councilor Frechette thanked Sgt. Urena for the
assistance provided to Council President Blanchette when he fell ill at the February 6th
Council Meeting. He suggested Sgt. Urena if he is approved that a list of locations dedicated
to Veterans throughout the City should be compiled and reviewed to be sure that they remain
in good condition and are properly maintained. He asked if Sgt. Urena would report his
findings to the City Council so that any action that might be necessary could be taken. Sgt.
Urena stated that he would be glad to provide the requested information to the City Council
as the Director of Veteran’s Services.
Upon being granted the floor, Councilor Silva stated that she had the opportunity to
interview Sgt. Urena when he was before the Personnel Committee. She stated that although
some of her questions may be redundant, she wanted the full City Council and the public to
come to know Sgt. Urena through questions that she posed about his qualifications and
reasons that he believed he should be approved as the Director of Veteran’s Services. Upon
inquiry by Councilor Silva, Sgt. Urena stated that the Director is required to be a Veteran.
He stated further that although he believes that the Assistant Director is not required to be a
Veteran according to the current Ordinances for the City of Lawrence, he believed that it
would be beneficial that the Assistant Director be a Service Veteran despite the fact that
many Assistants in other Cities and Towns are not Veterans. He stated that the more
important issues that should be addressed concern trust
54
and confidentiality that must be diligently maintained in the Veteran’s Office and through the
delivery of services. He stated that many of the records and information handled through the
Veteran’s Office concern matters that are personal and confidential to the individual
presenting applications. He stated that he would diligently work to guard and respect
individual confidences and other information obtained.
Upon no further discussion offered by the Council Members present, Council
President Blanchette thanked Sgt. Urena for his patience and for his assistance when he was
ill last week. He stated that he also had the opportunity to observe Sgt. Urena provide
voluntary assistance to flood victims in the spring of 2006 and characterized his actions as
selfless and charitable character traits that should be exemplified by all.
Upon no further comments, discussion, or inquiry by the Council Members present,
Upon being recognized Councilor Silva offered to amend her motion for approval by
adding that the 30 day waiting period required by City Charter Section 3.8(a) be waived and
that the appointment, if approved be retroactive to February 6, 2007.
The Council Members present voted unanimously [9-0] to appoint Sgt. Francisco
Urena as the Veteran’s Services Director upon the terms stated in the amended motion for
approval presented by Councilor Silva.
Doc. 19/07: Approved [30 day period waived]
Councilor Kolofoles presented a motion to take document #39/07 and #40/07 out of
the order appearing on the agenda and to remove the items from the “table”. The
55
motion was seconded by Councilor Parolisi and unanimously approved by the Council
Members present [9-0].
VII. TABLED MATTERS:
Doc. 39/07:
Resolution – Miguel DiMarca – Councilors Gosselin
and DiMarca- Presented
Members present and called upon Councilors Gosselin and DiMarca to present the
Resolution. Councilor Gosselin read the Resolution to Miguel DiMarca.
Mr. Miguel DiMarca thanked the Council Members present for the recognition.
Doc. 39/07:
Resolution-Presented
Doc. 40/07:
Resolution – Ann Anzalone – Councilors Gosselin
and DiMarca – Presented
Members present and called upon Councilors Gosselin and DiMarca to present the
Resolution. Councilor DiMarca read the Resolution to Ann Anzalone.
Doc. 40/07:
Resolution-Presented
Doc. 245/04: Disposition – 376-378 Hampshire Street – Housing Committee –
Approved
presented the report of the Housing Committee to approve the measure to Primrose Realty.
The report was presented in the form of a motion and seconded by Councilor Kolofoles.
56
Upon being granted the floor, Councilor Frechette posed questions regarding the
proposed award and recommendation process.
As a point of information, Councilor Alvarez-Rodriguez generally explained the
process and the involvement of the Planning Department in preparing and presenting real
property dispositions.
Councilor Frechette stated he had concerns about the disparity occurring between the
assessed value being assigned to the various properties being processed for disposition.
Councilor Alvarez-Rodriguez stated the current award being proposed for
consideration by the Council Members concerns a bidder who is an abutter.
The Council Members present, voted unanimously [9-0] to award the disposition of
376-378 Hampshire Street to Primrose Realty as recommended by the Housing Committee.
Doc. 295/05: Disposition – 491 Hampshire Street – Housing Committee – Approved
presented the report of the Housing Committee to approve the measure. The report was
presented in the form of a motion and seconded by Councilor Kolofoles.
Upon being granted the floor, Councilor Silva stated she abstains.
The Council Members present voted unanimously [8-0-1 Abstain] to approve the
transfer of title to the real property as recommended by the Housing Committee.
57
Doc. 296/05: Disposition – 281 Haverhill Street – Housing Committee – Defeated
presented the report of the Housing Committee as a motion to accept the report. Councilor
Alvarez-Rodriguez stated that the measure was being reported without a recommendation.
The motion was seconded by Councilor Kolofoles. The Council Members present voted to
accept the report of the Housing Committee as follows:
8-Yes; 0-No; 1-Abstain
Councilor Silva – Abstained
Upon acceptance of the report of the Housing Committee, Councilor Alvarez-Rodriguez
presented a motion to approve transfer of title to the real property under consideration to Mr.
Israel Reyes in accord with the recommendation of the Real Property Task Force [RPTF].
The motion was seconded by Councilor Gonzalez.
Council President opened the matter for further discussion and recognized Councilor
Alvarez-Gonzalez.
Upon being granted the floor, Councilor Alvarez-Rodriguez explained that there were
two parties that expressed particular interest in acquiring the real property subject to
disposition in this document. She stated that The Breen Funeral Home and Mr. Israel Reyes
were being considered as bidders by the Housing Committee. However, the Housing
58
Committee could not determine which of the two would be selected and therefore the matter
was sent to the Council Members without recommendation.
Upon being granted the floor, Councilor Kolofoles stated that he supports approving
the proposal submitted by The Breen Funeral Home and that their use would better serve the
neighborhood since the property to be transferred would enhance its business as an abutter.
Upon being recognized, Councilor Frechette stated that he has concerns about the
method of valuation used by the Planning Department or relied upon by the bidders
submitting proposals in this matter.
Councilor Alvarez-Rodriguez stated that the proposal submitted by Mr. Reyes was to
independently develop the site while The Breen Funeral Home seeks to obtain title to the
property as an abutter.
Councilor Frechette stated it was his understanding abutters were given first priority
in consideration of proposals submitted for the transfer of real property owned by the City of
Lawrence.
Councilor Alvarez-Rodriguez informed Councilor Frechette and the Committee
Members that the Housing Committee has been consistent in its consideration of bids for
acquisition of title to real property submitted by abutters. She stated that being an abutter
is given great weight in any determination for selecting a bid proposal. However, there are
other considerations that must also be weighed such as raising revenue and the benefit that
any proposed use would have in the neighborhood. She stated that the recommendation of
The Real Property Task Force [RPTF] has given overwhelming support for the proposal
59
submitted by Mr. Reyes which was given appropriate consideration by the Housing
Committee.
At the request of Councilor Alvarez-Rodriguez, Attorney Daniel McCarthy, the Land
Use Planner for the City of Lawrence, and April Lyskowsky, the Real Property Acquisition
Disposition Specialist, were asked to address the City Council Members about information
regarding the bid process in this matter.
Attorney McCarthy informed the Council Members that the requests for bid proposals
were prepared based upon the current assessed value of the property and the amount of taxes
outstanding on the property was also made known. He stated that the bid proposal submitted
by Mr. Reyes was consistent with the past and present property use along Haverhill Street
with some reference to the expected future uses in this particular area. He also stated that
there was some importance given to the financial return that this parcel [as others] would
result from the sale of the surplus property in the aggregate.
Upon being granted the floor, Councilor Frechette asked Mr. McCarthy if there were
any explanation whey the land value is higher than the assessed value of the parcel.
Attorney McCarthy [Land Use Planner] explained that the land is not presently
subject to taxation due to the fact that the City is the present owner. He stated that the
“value” of the land has no relation to the “assessed value” that is assigned by the Board
of Assessors and that the parcel is current assessed based upon its present condition as a
“vacant lot”.
Councilor Frechette stated that it is important to obtain an independent appraisal of
any parcel in order to fully comprehend the “value” of the property rather than to rely upon
60
the assessment in preparing to award the transfer of title. He stated that the City could be
seriously underestimating the “value” of real property being offered for sale resulting in
awards that would not maximize the financial return that may be available.
Ms. Lyskowsky informed the Council Members that an independent appraisal costs
between $450.00 to $900.00 per parcel and that appraisal is not a justifiable expense in every
proposed sale.
Councilor Frechette stated that if the value of the parcel is greater in any instance,
then an independent appraisal is justified.
Upon being granted the floor, Councilor Gosselin stated that she agrees with
Councilor Frechette and believes an independent appraisal should be obtained in addition to
the assessed value. She stated that she has some concerns about the RPTF and asked if the
City Council Members could be provided with the names of the members of the RPTF.
[Attorney McCarthy recited the names of the members of The Real Property Task Force as
requested by Councilor Gosselin]. [A discussion ensued between Councilors Gosselin and
Alvarez-Rodriguez regarding the possible assignment of a civilian to The Real Property Task
Force].
Upon being granted the floor, Councilor Kolofoles posed questions to Attorney
McCarthy regarding the manner of appraising real property through the Assessor’s
Office. He stated that he does not believe G.L. c.30B requires a RPTF to be appointed and
that it should possibly be eliminated from the process. Councilor Kolofoles informed the
Council Members and compared the assessed value of The Breen Funeral Home, a nearby
parcel [formerly the location of Nahil’s Pharmacy], and the property subject to disposition.
61
He stated that the assessment process used by the City Assessor accurately evaluates the
current use and existing condition of real property. In response to questions posed by
Councilor Kolofoles, Attorney McCarthy stated that an independent appraisal was not sought
or obtained on the parcel subject to disposition. Councilor Kolofoles suggested that the
assessment process may need to be reviewed.
Upon being granted the floor, Councilor Parolisi informed the Council Members that
none of the members of The Real Property Task Force are currently residents of the City of
Lawrence. He stated that he is concerned that non-residents are making decisions concerning
the disposition of real property to Lawrence residents. He discussed the recommendations
submitted to the Housing Committee for consideration as presented to the City Council
Members without recommendation. He stated that the City Council is charged with the
responsibility to either approve or disapprove the proposal submitted by Mr. Reyes and no
other proposal. He commented that once that decision is made then the City Council
Members may take whatever action it may deem appropriate.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed prior awards of
real property and the process applied by the Housing Committee. In response to questions
posed by Councilor Alvarez-Rodriguez to Mr. Reyes concerning his proposed bid in the
amount of $105,000.00, Mr. Reyes stated that the issue concerning
appraisal amounts is not an issue of any real importance. He stated that the “value” of any
real estate depends entirely on the “value” that the person interested in the property may
assign to that property. He stated that “focus” on the “assessed value” of real estate is
misplaced and that even the “appraisal value” is of little consequence to the determination of
62
“real value”. He explained that the bid submitted for approval is a reflection of the “value”
that he places on the real estate based upon what he expects to obtain from the property.
Upon being granted the floor, Councilor Frechette asked that Mr. Reyes be directed to
respond to the question as a point of order.
In response, Mr. Reyes stated that he believes that he “is” answering the question
posed and indicated that his proposed use submitted for consideration is based upon the
ability to develop the property with a financial return to be realized.
Councilor Frechette discussed with Mr. Reyes the current assessed value of the
property subject to the bid. Mr. Reyes explained that the “assessed value” is not an accurate
manner to determine “value” for any parcel. He also explained that the “market value” is not
the same as the “assessed value”. Councilor Frechette stated that he believed property
assessments were recently increased in the City of Lawrence and that the new assessment
was based upon an increase in the market value of real property. [A discussion ensued
among the Council Members regarding the method of property valuation and assessment].
Upon being granted the floor, Councilor Parolisi commented that he believed that
other criteria for selecting bidders of real property were developed in order to allow for
bids to be submitted by persons other than those who may solely possess the financial means
to obtain successful bids. He stated that if the selection of successful bids were based solely
on financial criteria then only three or four bidders would be successful on the properties
made available through this process.
Upon being granted the floor, Councilor Kolofoles stated that properties that result in
the control and possession of the City of Lawrence usually are obtained as a result of
63
circumstances such as tax levies, Land Court decisions, and through individual owners who
relinquish their ownership to the City of Lawrence due to dire circumstances or an inability
to continue with financial obligations to the City. He stated that the City of Lawrence is not
in the real estate business and does not possess the capability to conduct itself in the same
manner as a professional real estate seller or owner.
Upon being recognized, Councilor Alvarez-Rodriguez stated that the purpose of the
method chosen by which real property is disposed by the City of Lawrence is to satisfy the
needs of the people of Lawrence. She stated that property values of homes started to fall
recently due to a loss of available equity to homeowners that has resulted in foreclosure in
may instances. She informed the Council Members that the bid selection process is sensitive
to abutters and home owners in balance with the necessity to realize funds in order to pay
expenses of the City.
Upon being granted the floor, Councilor DiMarca discussed a review of vacant lots he
conducted with Myles Burke, the current Acting Director of Inspectional Services.
Councilor DiMarca stated that awarding bids submitted by homeowners and businesses
that abut real property owned by the City is not necessarily a bad choice in balance with
other bids submitted to be considered.
Council President Blanchette stated that the discussion regarding the “appraised
value” and “assessed value” differences could apply to any bid under consideration. He
stated that a “no minimum bid” component equalizes the bidding to allow abutters and
developers the opportunity to bid.
64
Upon no further discussion on the matter, the motion presented by Councilor
Alvarez-Rodriguez, as seconded by Councilor Gonzalez, was defeated by the Council
Members present upon the following vote: 2-YES; 6-NO; 1-ABSTAIN.
Councilor Silva - Abstain
Councilor Kolofoles - No
Councilor Parolisi – No
Councilor Gosselin - No
Councilor Blanchette – No
Doc. 296/05 - Defeated
Doc. 296A/05: Disposition – 281 Haverhill Street – Housing Committee – Approved
Council President Blanchette requested City Clerk Maloney to assign a separate and
subsequent document number reflecting the disposition of the real property located at 281
Haverhill Street [the City Clerk suggested document number 296A/2005 be assigned].
Upon being recognized, Councilor Parolisi presented a motion to approve the transfer
of title to the real property located at 281 Haverhill Street in Lawrence based
upon the bid and proposal submitted by The Breen Funeral Home. The motion was seconded
by Councilor DiMarca. Councilor DiMarca presented a friendly amendment to Councilor
Parolisi’s motion to state that the Land Use Planner and City Attorney develop suitable
conditions to be included in the title and agreed upon by the purchaser prior to completing
the sale of the real estate. Councilor Parolisi accepted the amendment.
Upon no further discussion or inquiry into the matter by the Council Members
present, Council President Blanchette called the motion to the attention of the Council
65
Members who voted to approve the bid and proposal submitted by The Breen Funeral Home
as follows: Funeral Home. 7-YES; 1-No; 1-Abstain
Councilor Gonzalez – No
Councilor Silva – Abstain
Doc. 296A/05 – Approved
Doc. 299/05: Disposition – 189-193 Jackson Street – Housing Committee - Approved
presented in the form of a motion to approve the transfer of title to the real property subject
to the petition as recommended by the Housing Committee. The motion was seconded by
Councilor Gonzalez.
Upon being granted the floor, Councilor Frechette stated the same questions posed in
the prior matter concerning the method of valuation persist in this petition and stated that it
would be redundant to restate the same issues a second time and, therefore, would not restate
them again.
The motion was called and the Council Members present voted unanimously [9-0] to
approve the recommendation for transfer of title to the real property located at 491
Hampshire Street in accord with the recommendation of the Housing Committee as reported.
66
Doc. 300/05: Disposition – 19-21 Lea Street – Housing Committee – Approved
presented in the form of a motion and seconded by Councilor Kolofoles.
Upon being granted the floor, Councilor Alvarez-Rodriguez explained and described
the purpose and mission of the bidder [known as the Greater Lawrence Revolving Loan Fund
Program]. She stated that the organization is known for its charitable work in the
Community and has submitted a bid that the Housing Committee believes is most favorable
to the City of Lawrence, its residents, and the neighborhood.
Upon no further comment, discussion, or inquiry offered by the Council Members
present, Council President Blanchette called the motion to the attention of the Council
Members who voted unanimously [9-0] to transfer titled to the real property located at
19-21 Lea Street to the Greater Lawrence Revolving Loan Fund Program.
VII. WITHDRAWALS: - None
VIII. OLD BUSINESS:
223/06
224/06
252/04
313/06
314/06
Disposition – 79 Market St.–recommendations–Michael Sweeney, Planning Dept.
Director - Ref. to Housing
Disposition - 148A-150 Newbury Street –recommendations– Michael Sweeney, Planning
Department Director – Ref. to Housing
Disposition – 8-10 Temple Street – recommendations – Michael Sweeney, Planning
Department Director – Ref to Housing
Disposition – 352 Broadway St.–recommendations – Michael Sweeney, Planning
Disposition – 426-428 Broadway St.– recommendations–Michael Sweeney, Planning
67
315/06
334/06
Disposition – 4 Brook St.– recommendations – Michael Sweeney, Planning Department
Director – Ref to Housing
Monarch on the Merrimack – Wood Mill, LLC – Tax Increment Financing (TIF)Michael Sweeney, Planning Dept. Director – Ref. to Budget & Finance
IX. TABLED MATTERS:
60/06
215/06
128/06
257/06
367/06
X. NEW BUSINESS:
23/07
24/07
25/07
26/07
27/07
28/07
29/07
30/07
31/07
32/07
33/07
34/07
35/07
36/07
37/07
Parking – two parking stand spaces – Merrimack Taxi – 15 Newbury St.- Counc. SilvaRef to Ordinance
City Boards/Commissions Meetings- to be televised- Create an Ordinance that will
require all meetings to be televised on Channel 22 – Councilors Silva and DiMarca-Ref
to Ordinance
Prior year’s bill – Randstad – unpaid – Myles Burke, Acting Commissioner Inspectional
Services Department-Ref to Budget & Finance
We Transport You Corp. – application to be renewed – Sgt. Bonilla, LPD-Ref to Ord.
Handicapped Parking – 26 Atkinson Street – Lois Cosme-Ref to Ord.
St. Patrick’s Day Parade – March 11, 2007 @ 1:00 p.m. - Counc. Gosselin-Ref to Ord.
Parking – Andover Street – from Andover line to Broadway St. – parking issuesCouncil Vice Pres. Frechette-Ref to Ordinance
Jakes Pond – Request feasibility study for making this area a city parkCouncil Vice Pres. Frechette – Ref to Ordinance
City Ordinance – Review/Amend Section 2.80.010 – 2.80.050 – Council Pres. Blanchette
– Ref. to Ordinance
Bill H2511 (An Act providing Senior Tax Relief) – Counc. Silva-Ref to Ordinance
Wood Mills – Economic Opportunity Area - Michael Sweeney, Planning Dept. DirectorRef. to Budget & Finance
Arlington Mills Smart Growth Overlay District (40R) – Michael Sweeney, Planning
Department Director-Ref. to Planning Board
Dedication of Highgate St., Map #210, Lot #15 for burial purposes–Mary Louise Boddy,
Bellevue Cemetery Board of Directors, Chairman-Ref. to Housing
Traffic Signals–Common St. from Broadway to Jackson St. – review of synchronizationCounc. Kolofoles – Ref. to Ordinance
Local Tax Exemptions Qualifications: Review - Chapter 59.5.41C and 59.5.17D –
Councilor Kolofoles – Ref. to Ordinance
68
41/07
42/07
Surplus Declarations – 277 Haverhill Street – Michael R. Sweeney, Planning
Department Director – Ref. to Housing
Lawrence Community Works – 2006 Unpaid Invoices – David A. Camasso, Office of
Budget and Finance – Ref. to Budget & Finance
XI. ADJOURNMENT:
Upon a motion presented by Councilor Frechette as seconded by Councilor Silva, the
Council Members present voted unanimously [9-0] to Adjourn.
ADJOURNED
(8:55p.m.)
Attest:
William J. Maloney
City Clerk
69
2007 at 7:05 p.m. in the City Council Chamber with all Members present. Council President
Blanchette presided over the meeting.
Approximately Nineteen [19] persons were present.
of City Council Meetings conducted February 6, 2007 were submitted by the City Clerk for
consideration and acceptance of the City Council Members.
Upon a motion to approve the Minutes presented by Councilor Parolisi, seconded by
Councilor DiMarca, the Council Members present voted unanimously [9-0] to approve the
minutes of February 6, 2007.
Fausto Nunez, 450 Hampshire Street, Lawrence, MA appearing as Vice President of
the Alma/Arlington Neighborhood Association stated he and his organization support Frank
McCann as Director of D.P.W. He also stated that flyers and posters have to be stopped from
being posted throughout the city.
70
Anne Anzalone, employed by the City Of Lawrence Parking Division, stated the
Director Frank McCann has been an important aspect of the operations of the City Parking
Division and that the organizational skills applied by Director McCann have been invaluable.
Ed Anderson, 74 Salem Street, Lawrence, MA, President of South Common Central
Neighborhood Association, stated that it is entirely wrong to impose a two week suspension
without pay against Director Frank McCann.
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA stated that he supports Mayor
Sullivan’s reprimand of an employee who has acted in error. He stated that every employee
of the city is obliged to act fairly and honestly.
Miguel DiMarca, 7 Warwick Court, Lawrence, MA stated his support of Director
McCann and cited instances of excellent service provided as Director of the Department of
Public Works.
Dorothy Incropera, 514 Mt. Vernon Street, Lawrence, MA stated that she supports
Director McCann. She stated that 35 years in service to the DPW have been professional and
without blemish.
Joe O’Neil, 1 Sheridan Drive, Londonderry, N.H. stated that he is disheartened about
the manner that director McCann has been attacked. He cited instances of the poor
administration and operations of other City Departments.
Frank Incropera, 514 Mt. Vernon Street, Lawrence, MA stated that Frank McCann
has served as DPW Director with excellence for many years and he believes that Director
McCann is being treated unfairly.
71
Ellie Curtin, 98 Essex Street, Lawrence, MA offered a belated Merry Christmas and
Happy New Year to everyone. She stated that it is a contradiction to the effort to bring back
Essex Street to place no parking signs on Mill Street. She stated that she supports Mr.
McCann as Director of DPW.
Dave Mazzaglia, an employee of the City Of Lawrence for 20 years, stated Director
McCann has been a dedicated and professional City employee.
IV. COMMUNICATIONS FROM MAYOR, CITY OFFICIALS & CITY
ATTORNEY:
Doc. 46/07: Sign Ordinance – for new sign – discussion – Peter Blanchette, Building
Inspector – Tabled
A motion presented by Councilor Kolofoles to table the measure was seconded by
Councilor DiMarca and unanimously [9-0] voted upon by Council Member present.
Doc. 46/07: Tabled
Doc. 47/07: Department of Public Works Director Suspension – Emergency to be
discussed- Council Pres. Blanchette – Letter to Mayor
Council President Blanchette introduced the measure and suggested a letter be drafted
and sent to Mayor Sullivan to assure the proper procedure and process be followed in this
matter. He inquired [in generally] about the action taken by Mayor Sullivan to suspend
Director McCann without pay for two weeks and what can be expected after two weeks have
passed. He stated that the City Charter governs the removal of City Department Heads but
does not address disciplinary action taken by the against Department Heads. He stated that
he is aware of the existence of guidelines and procedures existing in an “Employee
Handbook” that may provide certain disciplinary actions to be followed. However, the
72
handbook has not yet been approved. He discussed specific concerns about the action taken
by Mayor Sullivan and cited the following as provided in a memo dated February 16, 2007.
The specific items of concern were read into the record and included the following:
(1)
Why had the City Council not been officially notified by the Mayor
concerning the action taken to suspend Director McCann;
(2)
The City Council Members would like to know exactly what is to take
place in regard to Director McCann after the two weeks suspensions has
expired;
(3)
There is concern about the nature of the suspension and exactly what
grounds or reasons exist for imposition of a “suspension without pay”;
(4)
The Council Members question if the provisions of the City Charter that
may apply to this matter are being followed;
(5)
The City Council has questions concerning the “investigations” being
conducted with particular concern about who may be in charge of the
investigative process, where and how are any findings or conclusions
being reported, and who may be notified of any reports, findings, or
conclusions;
(6)
The City Council would like to obtain any and all materials and
documents you may have that led to the decision to suspend Director
McCann;
(7)
Has anyone been engaged or hired to represent the City of Lawrence
regarding this matter and is there anyone other than the Mayor, Personnel
Director, or City Attorney presently addressing this matter on behalf of
the City of Lawrence;
Council President Blanchette continued by reading a memo issued by Mayor Sullivan issued
on February 20, 2007 and received by The City Clerk during that afternoon [copies of which
had been provided to each of the City Council Members immediately prior to the City
Council Meeting being held].
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After Council President concluded his comments, Councilor Alvarez-Rodriguez
presented a motion for consideration and approval of the Council Members to have a letter
drafted and sent to Mayor Sullivan expressing the concerns of the City Council as a unified
legislative body. The motion was seconded by Councilor Parolisi. Council President
Blanchette opened the floor to the Council Members for further discussion.
the Members of the City Council have an obligation to address personnel matters and to
address the issues that concern City employees.
Upon being granted the floor, Councilor Kolofoles stated that he was surprised to
hear that the action taken by Mayor Sullivan concerned claims of “insubordination” by
Director McCann. He stated that he was even more surprised that he learned about these
claims from the press and not directly from the Administration or other sources. He stated
that he does not believe that Mr. McCann has ever been “insubordinate” concerning issues
related to the Parking Division and that he also believes Director McCann has followed the
proper procedures regarding his duties and responsibilities.
Councilor Kolofoles stated that he has many unanswered questions about overall operations
of the City with particular concern about the Department of Public Works and financial
matters that need to be addressed. He stated that political theatrics may have prompted the
action taken to suspend the DPW Director.
Upon being granted the floor, Councilor DiMarca stated that he believes that no one
seems to know how the city is managed. He indicated that the purpose of City Council is to
provide a “check and balance” to the other branches of City Government. He stated that due
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process has not been followed in this instance and Director McCann has been unfairly treated
by immediate suspension without pay. He stated that this event is an example of a ‘gross
injustice” against a Department Head who is proven to be responsible and responsive to the
needs of the Lawrence Community. He stated sending a letter to the Mayor is a good starting
point.
he became aware of this matter when he received a telephone call from Director McCann on
February 11, 2007 who was seeking advice as a friend. He stated that due process has not
been afforded to Director McCann in this instance and that he is unable to obtain a
satisfactory answer about was caused the Mayor to impose the sanction of suspending
Director McCann for two weeks without pay through the Personnel Director Frank Bonet.
He stated that he supports sending a letter expressing the concerns of the City Council to the
Mayor.
Council President Blanchette reminded the Council Members that his concerns were
items that occurred to him and that the Members as a body may determine the content of the
letter.
Upon being granted the floor, Councilor Gosselin agreed with the comments of the
previous Council Members. She stated that Director McCann is very responsible and
responsive to “quality of life issues” that DPW continually addresses. She stated that the
Council should insist that Mr. McCann should be re-instated immediately. She commended
Director McCann’s dedication and hard work which is exemplary.
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Upon being recognized, Councilor Frechette stated that the City Council no longer
receives information about City Operations from the Mayor’s Office. He stated that once
Chief of Staff Myles Burke was reassigned to the position as Acting Director of Inspectional
Services, the City Council lost a reliable conduit of communication from the Mayor’s Office.
He stated that it appears the Administration is operating by Committee.
As a point of information, Councilor DiMarca stated that the Committee making
decisions are Tom Schiavone, Nora Carroll and Michael Sweeney according to information
provided to him by the Mayor.
Councilor Frechette continued by stating that there is a lack of information to the City
Council from the Administration. He cited the lack of information regarding Council’s
inquiry into the fiber optics contract and installation at the Water Treatment Center. He
stated that there is no information provided to the City Council about investigations that are
supposedly being conducted at the direction of the Administration. He stated that there is no
information about exactly how many investigations are being conducted by the
Administration, who is authorized to conduct them, and who is being investigated. He stated
that he agrees with the tenor of the discussion among the Council Members and supports
sending a letter to the Mayor to express the concerns of the City Council.
Upon being recognized, Councilor DiMarca presented an amendment to the motion
on the floor and requested that the letter contain a demand that Director McCann be
immediately reinstated with full pay. Councilor Alvarez-Rodriguez accepted the amendment
proposed by Councilor DiMarca.
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Upon no further comment or discussion regarding this matter, the Council Members
present voted unanimously [9-0] to send a letter to Mayor Sullivan expressing the concerns
of the City Council regarding the suspension of Director McCann and to demand his
immediate reinstatement without any loss of compensation or benefits that may have been
imposed during any period of suspension.
Doc. 47/07: Letter to be sent to Mayor
Councilor Frechette inquired about two communications not appearing on the agenda.
Council President Blanchette addressed Councilor Frechette’s concerns satisfactorily and
resumed with the evening’s agenda.
V. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 43/07: Resolution – Jessica Mercado – Greater Lawrence Technical School –
student - Councilor Gosselin – Tabled
Councilor Gosselin presented a motion to “table” the measure presented which was
seconded by Councilor Gonzalez and unanimously [9-0] approved by Council Member
present.
Doc. 43/07: Tabled
Doc. 5/07: Handicapped Parking – 20 Hillside Avenue – Ordinance Committee –Public
Hearing Ordered
report of the Ordinance Committee to order a public hearing on the measure presented. The
item was presented in the form of a motion, seconded by Councilor DiMarca and
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Doc. #5/07: Public Hearing Ordered
Doc. 15/07: National Grid – Embankment St. – permission to place underground
electric conduit – Ord. Comm. –Public Hearing Ordered
report was presented in the form of a motion, seconded by Councilor DiMarca and
Doc. 16/07: National Grid –Water St. – permission to locate poles, wires and fixtures –
Ordinance Committee – Public Hearing Ordered
report was presented in the form of a motion, seconded by Councilor Gonzalez and
Doc. 17/07: National Grid and Verizon – permission to locate poles, wires and fixtures
– Community Avenue –Ordinance Comm. - Public Hearing Ordered
report was presented in the form of a motion, seconded by Councilor Alvarez-Rodriguez and
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Doc. 311/06: Handicapped Parking – 34 Walnut St. - reconsideration – Ord. Comm.
Public Hearing Ordered
report was presented in the form of a motion, seconded by Councilor Gonzalez and
Doc. 369/06: Parking – 334 Lawrence Street – Ordinance Comm. –
report was presented in the form of a motion for one-fifteen minute parking spot, seconded
by Councilor Parolisi and unanimously approved by the Council Members present [9-0].
Doc. 222/06: Disposition – 298-302 Lowell Street – Housing Committee – Approved
presented the report of the Housing Committee for the disposition and transfer of title to the
real property owned by the City of Lawrence. The report was presented in the form of a
motion and seconded by Councilor Kolofoles.
Council President Blanchette read a letter from Planning Director Michael Sweeney
into the record concerning the disposition of this parcel and other parcels.
Upon being granted the floor, Councilor Silva asked Attorney Charles Boddy to
present himself in order to answer some questions of concern regarding the disposition
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process followed by the City of Lawrence in this matter and all other bids submitted for
approval to the City Council. In response to questions posed by Councilor Silva, Attorney
Boddy stated that it is his opinion that the City Council must vote on any recommendation
received from the Housing Committee to either accept or reject the recommendation for an
award to any particular property. He informed the Council Members that if the
recommended award is rejected, then another document number could be assigned to reflect
a subsequent recommendation which should then be placed on the City Council agenda and
submitted to the Council Members for a vote. Attorney Boddy stated that it was his
understanding that the Request for Proposal [RFP] form contains language that permits the
City Council to select the next best “bidder” should the recommended bidder be defeated.
He stated that if the RFP does not provide “alternative disposition” language, the bid process
may be “void” which in turn may open the process to possible litigation. Councilor Silva
concluded that the opinion of the City Attorney may result in exposing the City of Lawrence
to liability which may be pursued by the Office of the Inspector General.
By way of example, Council President Blanchette asked Attorney Boddy if the bid
process would be legally proper under circumstances in which the real property were
presented to the City Council for disposition upon a recommendation that the bid submitted
by “Joe Schmoe” were defeated by vote of the City Council and then the same property was
presented under a different document number and then awarded to another bidder submitted
on the same solicitation [ie: “Jane Doe”]. Council President Blanchette also interjected
inquiry about issues concerning the transfer of title of real property for less than fair market
value and the ability of the awarding authority to dispose property in this manner presented
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by the example suggested. Attorney Boddy stated that there are numerous variable that could
result in the possibility that an approved disposition may be “voided” particularly in
situations in which the RFP form does not provide a mechanism for the awarding authority to
select and approve an “alternative” bidder.
Council President Blanchette rhetorically asked if an inquiry about a prior award
posed to the City Council by the Land Use Planner may constitute a “bid protest”. He then
requested Attorney Boddy to obtain clarification from the Inspector General about what may
be considered the “proper bid process”.
Upon resuming the floor, Councilor Silva suggested that the City Council should wait
from a response from the Inspector General before approving any further bids for real
property.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed the prior
Housing Committee hearings conducted regarding the proposed development from each of
the bidders.
Attorney Boddy informed the Council Members present that the appearance of all
bidders in open discussion at a public forum may make no difference on the legal
determination of an improper or void bid process used to dispose real property. Further, if
the language were not appropriately contained in the RFP, then the Council could vote “No”
and re-issue the item under its agenda.
Upon being granted the floor, Councilor Frechette discussed the importance of
establishing an RFP that contained language necessary to allow the City Council to select an
alternative bidder.
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Upon being recognized, Councilor Alvarez-Rodriguez discussed issues regarding
deposits submitted by prospective bidders.
Upon being granted the floor, Councilor Parolisi asked Attorney Boddy if the process
permits the rejection and re-sending the item back to the Housing Committee.
Attorney Boddy stated that the suggested process is available to the City Council if the RFP
requires it. Councilor Parolisi suggested that the Real Property Task Force [RPTF] is not
legally required based upon the information he has been provided. Attorney Boddy agreed.
Upon posing further inquiry, Attorney Boddy discussed issues concerning the
establishment and use of the Real Property Task Force [RPTF] pursuant to the Chapter 30B
bid process. Further discussion among the Council Members ensued regarding the method of
property disposition.
Attorney Boddy suggested that future disposition recommendations focus on the
real property location or description rather than a specific bidder.
Upon being granted the floor, Councilor DiMarca stated that he believes the basis of
the disposition of real property had been upon information provided by Attorney Boddy. He
stated that he agrees with Councilor Parolisi and suggested dispensing with the use of a Real
Property Task Force [RPTF].
Upon being granted the floor, Councilor Frechette stated that his concern had been
addressed regarding the disposition process and discussed the current method of selection of
a successful bidder.
Attorney Boddy stated that there is a possibility that a bidder could object about the
process and there is an remedy to avoid future objections.
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Upon being granted the floor, Councilor Gonzalez discussed the current method of
selecting bids with Attorney Boddy.
Upon being granted the floor, Councilor Kolofoles asked about the format and makeup of the Real Property Task Force. He also discussed the notice procedures for property
subject to taking by the City. He stated that the lawful bid process and procedures required
by the Office of the Inspector General should be respected and followed as required.
Directing his comments to Planning Director Michael Sweeney, Councilor Kolofoles
discussed the current form of the RFP. Director Sweeney stated that he would be sure that
language concerning an alternative bid selection would be put into place as Council requires.
Directing his question to Attorney Boddy, Councilor Kolofoles asked about
dispositions of about 150 vacant lots and if the necessary language could be placed into the
RFP. Attorney Boddy stated that it could be done.
Upon being recognized Councilor Gosselin discussed her concerns about the validity
of prior votes of the City Council regarding the disposition of real property and whether past
votes were subject open to being overturned.
Upon being granted the floor, Councilor Silva suggested that if the vote for
disposition of the real property subject to this document were taken tonight, the vote could
be “voided”. Attorney Boddy agreed that it was possible.
Council President Blanchette pointed out and emphasized that there would have to be
a challenge presented.
Council Silva posed further inquiry to Attorney Boddy and discussed about the
method and manner in which a challenge may be presented.
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Upon being recognized, Councilor Alvarez-Rodriguez informed the Council
Members about the nature and extent of the Housing Committee proceedings that took place
regarding the disposition of this parcel and other.
Upon resuming, Councilor Silva asked Director Sweeney if there were any RFP’s
challenged. Director Sweeney stated that no formal challenge has been filed with the City as
far as he knows. He suggested the proposal presented before the Council Members in this
matter be rejected which would allow for further bid procedures to be followed.
Upon being granted the floor, Councilor Frechette stated that he believes the
determination that a disposition is “void” before it even voted upon or approved by the City
Council is presumptuous at best. He concluded that if the City Council approves the
disposition presented then the Mayor has the ability to exercise his veto power if he wishes.
A discussion ensued among the Council Members regarding the bid selection process
applied to this parcel and whether or not the City Council Members should proceed to vote if
the vote is “void”.
Council President Blanchette called the motion presented to the attention of the Council
Members. Upon vote of the Council Members present, the measure was approved as
follows: 8-YES; 1-NO
Councilor Marie Gosselin – Yes
Councilor Jorge Gonzalez - Yes
Councilor Grisel Silva -No
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Council Vice Pres. Gil Frechette - Yes
VII. WITHDRAWALS:
Council President Blanchette granted Councilor Kolofoles the floor for the purpose of
presenting matters for withdrawal that had been pending before the Ordinance Committee.
Councilor Kolofoles presented a motion to proceed in all of the following matters
listed below in “block form” for the purpose of withdrawing them from the City Council
agenda. The motion was seconded by Councilor Parolisi. The Council Members presented
voted unanimously to withdraw the following matters from the City Council agenda [8-0 Councilor Alvarez-Rodriguez recorded as Absent from the Council Chamber at the time the
vote].
Doc. 330/06: Parking -Nightingale Court – Ord. Comm. - Withdrawn
Doc. 331/06: Parking - Caulkins Court – Ord. Comm. - Withdrawn
Doc. 332/06: Parking - Riverview Place – Ord. Comm. Withdrawn
VIII. OLD BUSINESS:
Doc. 34/07:
Arlington Mills Smart Growth District–(40R)–Michael Sweeney,
Planning Dept. Director-Public Hearing Ordered
Discussion ensued between Councilor Kolofoles and Council President Blanchette
regarding the process and procedure to amend the Zoning Ordinances for the City of
Lawrence particularly concerning the necessary public hearing and vote of the Planning
Board and the subsequent public hearing and vote of the City Council.
Upon being granted the floor, Councilor Frechette asked Planning Director Sweeney
about a document that had previously been filed regarding what appears to be the same item.
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Director Sweeney stated that the prior document [Doc. 170/2005] is entirely different from
the petition presented in this instance.
Upon no further comment, inquiry or discussion a motion was presented by Councilor
Kolofoles to send a letter to Ann Marie Doherty, the Planning Board Administrator,
regarding Doc.170/2005. The motion was seconded by Councilor Parolisi and unanimously
[9-0] approved by the Council Member present.
A motion was then presented by Councilor Frechette to order a public hearing on
Doc. 34/07 which was seconded by Councilor DiMarca. The Council Members present
voted unanimously [9-0] to order a Public Hearing on the item presented.
IX. TABLED MATTERS:
60/06
215/06
128/06
257/06
367/06
Zoning Board of Appeals, Planning Board, Lawrence Redevelopment
Authority
Water Treatment Center – Fiber Optics – update on who authorized such
work to occur –Where is the contract and the bid? – Council President
Blanchette
X. NEW BUSINESS:
44/07
45/07
Pentecostal & Missionary Church House of Prayer – Walkathon- Pastor
Higinio Santana- Referred to Ordinance
Public Safety – Issues to be discussed regarding Lawrence Police Dept. Mark Gray – Ref. to Public Safety
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XI. ADJOURNMENT:
Upon Motion of Councilor DiMarca as seconded by Councilor Parolisi, the Council
ADJOURNED
(9:22p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, March 6, 2007
A REGULAR MEETING of the City Council was held on Tuesday, March 6,
Councilors Kolofoles, Alvarez-Rodriguez and Frechette. Council President Blanchette
presided over the meeting.
Approximately Twenty-Three [23] persons were present.
of City Council Meetings conducted Feb. 13, 2007, and Feb. 20, 2007 were submitted by the
City Clerk for consideration and acceptance of the City Council Members.
Upon the motion of Councilor DiMarca to accept the minutes as presented, seconded
by Councilor Parolisi, the Council Members present voted unanimously [6-0] to accept the
minutes.
Council President Blanchette, the following individuals addressed the City Council.
The owner of Maximo Transportation 205 Broadway, Lawrence, MA requested City
Council to approve application of their license despite difficulties obtaining recommendation
for approval by the Lawrence Police Department.
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[Tuesday, March 6, 2007]
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA discussed the matter of
authorizing the Fiber Optics installation. He discussed proposed audit proceedings in place
for the City of Lawrence and questioned who will be responsible to pay for the audit.
Andre Leroux, 3 Jackson Terrace, Lawrence, MA discussed payment of outstanding
bills due to Lawrence Community Works. He also discussed the importance of the Lawrence
Community Works City Survey. He read a letter from the L.C.W. into record.
III. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 67/07: Resolution – Crystal Johnson – Councilor DiMarca – Tabled
Councilor Parolisi presented a motion to take document 67/2007 out of the order
appearing on the agenda. The motion was duly seconded by Councilor Gonzalez and
unanimously approved by the Council Members present [6-0]. Due to the individual subject
of the resolution not being immediately present, Councilor Parolisi presented a motion to
“table” the matter which was seconded by Councilor Gonzalez and unanimously [6-0]
approved by the Council Member present.
Doc. 67/07: Tabled
Doc. 15/07: National Grid – request permission to place underground electric conduits
– Embankment Street – Hearing Held - Approved
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Council Members.
David Agnew from National Grid spoke in favor of the item and requested the City
Council approve the petition presented.
Sam Facella posed questions to Mr. Agnew concerning the work to be performed.
Upon no further questions, comments, or public discussion offered by anyone present,
Council President Blanchette closed the public comment portion of the proceedings and
called upon the Council Members for comment or discussion.
presented by Councilor Silva, as seconded by Councilor Gonzalez, the Council Members
present voted unanimously [6-0] to approve the petition to place underground electric
conduits on Embankment Street.
Doc.15/07: Hearing Held - Approved
locate poles, wires, and fixtures on Water Street – Hearing held - Approved
notice published in regard to the above entitled matter. Upon the conclusion of the Clerk’s
reading of the public notice, Council President Blanchette opened the public hearing portion
of the proceedings and invited anyone who wished to be heard to present themselves before
the Council Members.
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David Agnew, representative appearing for National Grid, presented the proposal for
a pole location to the Council Members present and requested their approval.
Upon no further comment offered on the matter, Council President Blanchette closed
to offer comment or discussion. Upon no discussion or comment offered by the Council
Members present, Council President Blanchette 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 Silva as seconded by
Councilor Gonzalez, the Council Members present voted unanimously [6-0] to approve
National Grid’s request to locate poles, wires and fixtures on Water Street.
Doc. 16/07: Hearing Held - Approved
locate poles, wires, and fixtures on Community Avenue – Hearing Held – Approved
notice regarding the above matter as published. Upon the conclusion of the Clerk’s reading
of the public notice, Council President Blanchette opened the public hearing portion of the
Council Members.
David Agnew, appearing on behalf of National Grid, spoke in favor of the petition
presented and explained the particulars of the petition to the Council Members.
Upon no further public comment offered on the matter, Council President Blanchette
closed the public hearing portion of the proceedings and called upon the Council Members
present to offer comment or discussion. Upon no discussion or comment offered by the
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Council Members present, Council President Blanchette 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 Parolisi as seconded
by Councilor DiMarca, the Council Members present voted unanimously [6-0] to approve
National Grid’s request to locate poles, wires and fixtures on Community Avenue.
Doc. 5/07: Handicapped Parking – 20 Hillside Avenue – Hearing Held - Approved
Council Members. Upon no public comment offered on the matter, Council President
Blanchette closed the public hearing portion of the proceedings and called upon the Council
Members present to offer comment or discussion. Upon no discussion or comment offered by
the Council Members present, Council President Blanchette closed the discussion portion of
the hearing and called upon the Members present to consider the matter presented.
by Councilor DiMarca, the Council Members present voted unanimously [6-0] to approve a
Handicapped Parking space at 20 Hillside Avenue.
Doc. 5/07:
Hearing Held - Approved
Doc. 311/06: Handicapped Parking – 34 Walnut Street – Hearing Held - Approved
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Council Members.
Upon a motion to approve the measure presented by Councilor Silva as seconded by
Councilor Parolisi, the Council Members present voted unanimously [6-0] to approve the
amendment to the Revised Ordinances of the City adding the following new paragraph to
Section 10.36.340 of the Municipal Code [Handicapped Parking], to be inserted in the proper
alphabetical order.
Doc. 369/06: Parking – 334 Lawrence Street – two 15 minute parking spots- Hearing
Held - Approved
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Council Members.
by Councilor Gonzalez, the Council Members present voted unanimously [6-0] to approve
the amendment to the Revised Ordinances of the City adding the following new paragraph to
Section 10.36.260 of the Municipal Code [Fifteen {15}Minute Parking], to be inserted in the
proper alphabetical order.
Councilor Parolisi presented a motion to take document 67/2007 out of the order
appearing on the agenda. The motion was duly seconded and unanimously approved by the
Council Members present [6-0].
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Doc. 67/07: Resolution – Crystal Johnson – Councilor DiMarca – Presented
Council President Blanchette brought the matter to the attention of the Council
Members present and called upon Councilors DiMarca and Gosselin to present the
Resolution.
Councilor DiMarca introduced the recipient of the Resolution and read the resolution
into the record. The Resolution was presented to Ms. Johnson who thanked the Council
Members for the honor and recognition bestowed upon her.
VI. PUBLIC HEARINGS:
Doc. 34/07: Arlington Mills Smart Growth District – Hearing Held - Tabled
Council Members.
Dan McCarthy, Land Use Planner, provided an overview of the proposal. He
suggested that other individuals would be available for presentment and support of the item
on March 20, 2007.
Robert Okoniewski, 3 Summer Ave., Lawrence, MA spoke in favor of the 40R
proposal and discussed its favorable aspects.
Andre Leroux, 3 Jackson Terrace, Lawrence, MA spoke in favor of the 40R proposal
as a viable planning and development tool. He informed the Council Members of the active
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participants of Lawrence Community Works in prior overlay projects in Lawrence and stated
the current proposal will benefit all of the residents of Lawrence.
Carlos Matos ,67 Saunders Street, Lawrence, MA, spoke in favor of the proposal as it
applies to a city like Lawrence as a former Mill City.
Kate Gormley, Director of Groundwork Lawrence, 40 Island Street, Lawrence stated
the Groundwork, Lawrence supports the proposal and commented upon its favorable aspects.
Planning Director, Michael Sweeney, spoke in favor of the proposal presented and
discussed aspects of the petition that will benefit the City Of Lawrence.
present to offer comment or discussion.
Prior to opening the floor to discussion by the Council Members, Council President
Blanchette Attorney Daniel McCarthy, Land Use Planner for the City of Lawrence, if the
matter was ready to be presented for a vote of the City Council.
Attorney McCarthy stated that the Planning Office was still waiting for a letter of
eligibility from the Commonwealth of MA which would likely arrive within 5 to 7 days. He
suggested that it may be more appropriate to have the final letter approving eligibility prior to
a final vote of the City Council.
Council President Blanchette discussed the process to date and suggested that it may
be of some benefit to open the public hearing portion of the proceedings and table the
measure for further action by the City Council to take place at the meeting scheduled for
March 20, 2007.
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Upon being granted the floor, Councilor Parolisi asked Attorney McCarthy to outline
and explain the location of the proposed site. A discussion between Attorney McCarthy and
Councilor Parolisi ensued regarding the plans for future use as it may affect local residents
and other businesses in the area.
Upon being granted the floor, Councilor DiMarca discussed the proposed use and
development of the proposed site and the impact it would have upon other owners of
businesses and residents.
Upon being granted the floor, Councilor Gonzalez stated that he would like to see the
Police Substation put back into operation in the area as part of the proposal to increase police
presence in the district.
Upon being granted the floor, Councilor Gosselin commented favorably on the
proposal. She asked if Economic Development Director Ezra Glenn could be present at the
next part of the proceedings to which Planning Director Sweeney stated that he would be
sure to have Director Glenn present at the next City Council Meeting. Director Sweeney
emphasized that Community Development Director Glenn supports the measure presented.
Councilor Gosselin stated that Director Glenn should be present to provide input and
information to the Council Members and the public. A discussion ensued between Councilor
Gosselin and Attorney McCarthy regarding the proposal and its impact on the City of
Lawrence.
Upon being recognized, Councilor DiMarca informed the Council Members about
past projects presented that were not to be sustained with City funds and that he remains
concerning that this project may someday require funding by the taxpayers
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Upon resuming, Councilor Gosselin expressed her concerns that the project may
result in expenses related to development at a later date as well.
Attorney McCarthy stated that it was his understanding the proposal requires
developers to infuse monies and funds into the City Of Lawrence and should not incur
additional expense to the taxpayers of the City of Lawrence.
Upon being granted the floor, Councilor Silva expressed her support for the project
and discussed the details of the decision of the Planning Board to recommend approval of the
proposal for consideration by the City Council.
At the invitation of Council President Blanchette, Planning Director Sweeney
explained the intent and purpose of the proposal submitted for the Council Members present.
He informed the Council Members that funds obtained by the City of Lawrence to implement
the project would not necessarily be available for other projects or proposals that may be
approved through a “Master Plan” concept
Upon resuming Councilor Silva stated that the State funding that may be available
would be important for use by the City Planning Department. She asked how the proposal
would benefit the “flood plain” area which is the area where the plan would be implemented.
Attorney McCarthy stated that each developer would be required to submit a storm water
management plan with any development proposal submitted.
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Upon a motion to table the measure presented by Councilor Parolisi, as seconded by
Councilor Gonzalez, the Council Members present voted unanimously [6-0] to table the item.
Doc. 34/07: Tabled
Councilor Silva presented a motion to take document 68/07 out of the order appearing
on the agenda which, was added at the meeting. The motion was seconded by Councilor
Parolisi and unanimously [6-0] to suspend the Rules of the City Council and address the
document 68/07 out of order].
Doc. 68/07: Taxi License Renewal – Maximo Transportation – Emergency Measure –
Council Pres. Blanchette – Conditional Approval - 30 days waived
Upon a motion to declare the measure and emergency as presented by Councilor
Silva and seconded by Councilor Parolisi, The Council Members present voted unanimously
[6-0] to declare the matter an emergency measure.
By way of explanation, Council President Blanchette informed the Council Members
present that the above matter did not appear on the City Council Agenda of this evening’s
proceedings and that it was being presented due to its importance as described to him by the
owner of Maximo Transportation. He further informed the Council Members that it was his
understanding that all application requirements attendant to a Taxi Application were in order
and that the matter being presented was intended to approve the application subject to final
review and approval by Sgt. Bonilla of the Lawrence Police Department and the City Clerk.
Councilor DiMarca presented a motion to approve the taxi application presented on
behalf of Maximo Transportation and to waive any applicable 30 day waiting period. He
stated further that the motion for approval of the application is contingent upon a
determination of compliance by Sgt. Bonilla of the Lawrence Police Department and the City
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Clerk prior to issuance of the license. The motion was seconded by Councilor Parolisi and
unanimously [6-0] approved by the Council Members present based upon the stated
condition.
Doc. 68/07: Conditional Approval - 30 days waived
VII: COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY
ATTORNEY:
Doc. 52/07: Independent Financial and Management Audit – City Council to Order –
Council Pres. Blanchette- Ref to Committee on the Whole
Council President Blanchette introduced the measure and proceeded to discuss the
necessity of the proposal which called for an independent financial management audit of City
expenditures. He explained that the proposal differs from the “general audit” currently
performed annually because it will be more detained and comprehensive. He stated he would
be referring the measure to the Committee on the Whole for further proceedings.
Upon being granted the floor, Councilor DiMarca discussed the possibility of
regionalizing City services with area communities that may benefit each of the four
communities in the Lawrence area.
Upon being granted the floor, Councilor Silva stated that she is in favor of the item
submitted. She stated that she had presented similar measures with the goal of bring about
financial accountability in each of the City Departments but that her efforts have been
rejected. She stated that she welcomes the proposed review of expenditures and the bid
process.
Council President Blanchette stated that there will be some cost and expense
associated with conducting a complete audit. He suggested that the State Auditor may have
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cost effective programs and services available and that any such availability will be explored
and considered.
Upon no further comments by the Council Members present, Council President
Blanchette referred the matter to the Committee on the Whole.
Doc. 52/07: Ref. to Cmt. on the Whole
Doc. 64/07: Underage Parties – enforcement in the City –
Councilor Silva – presented
Council President Blanchette granted Councilor Silva the floor to present the matter
before the Council Members present.
Councilor Silva presented the matter as “communication” and discussed underage
parties occurring throughout the Lawrence community. She also discussed the efforts of the
Administration establish licensing regulations that will prohibit anyone under the age of
twenty-one [21] from entering an alcoholic establishment for any purpose. She informed the
City Council Members that underage parties were taking place at private homes and other
locations and displayed an advertisement for one such “party” at “96 East Haverhill Street”.
She informed the Council Members that these parties escape the regulations imposed upon
licensed establishments simply due to the fact that they are not regulated at all and are
“unlawful”. Councilor Silva stated that illicit activity occurs at these “parties” which needs
to be addressed by the police department and the City Council. She suggested that “safe
locations” could be established in the City where young adults and others who are under age
could gather to socialize safely and lawfully.
Upon being granted the floor, Councilor DiMarca expressed his concern that adults
between the ages of 18 and 21 years of age are treated as “adults” for most other purposes but
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are prohibited from certain activities as “adults”. He stated that the law clearly treats
individuals who are between the ages of 18 and 20 years old very differently from those who
are 21 years of age or older which causes much disagreement and controversy amount people
who are often called upon to serve their Country in military service but cannot enter an
establishment that serves alcohol.. Councilor DiMarca suggested stronger law enforcement
measures should be taken to enforce laws that are being broken in cases where unlawful
activity is taking place. He stated that the reason the “underage parties” are allowed to take
place is related to a lack of sufficient police staffing available in the City Of Lawrence. He
stated that he also believes that better use of police services and personnel is also necessary.
Council President Blanchette informed the Council Members that he receives
information about “underage parties” from his students. He stated that he agrees that the
matter must be seriously addressed by the City Council. He stated that the total ban of young
adults between 18 and 20 years of age from attending cultural events that may occur in
establishments that serve alcohol is probably not the best approach since it is likely that many
young people will probably attend upcoming St. Patrick’s Day events that will take place in
the various establishments throughout the City in the company of their relatives and parents.
He stated that an alternative that will allow for young people to attend cultural events needs
to be explored and implemented in order to assure safety and reasonableness are given
priority.
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Councilor Silva concluded her discussion by citing the progress experienced by the
Administration addressing the issue of underage individuals attending licensed liquor
establishments.
Upon being recognized on a point of personal preference, Councilor Parolisi stated
that he apologizes if any remarks he made at a recent City Council Meeting regarding
Personnel Director Frank Bonet may have been taken offensively. He stated that his remarks
were intended to emphasize his concerns about the reasons and cause for the recent
suspension of DPW Director McCann. He emphasized that he “stands by” his statements
that focus on his stated concerns about the manner the Administration has addressed the
issues relating to DPW Director McCann.
VIII. APPROPRIATIONS-ORDERS-RESOLUTION:
Council President Blanchette called the following matters to the attention of the
Doc. 48/07: Appropriation Transfer – City Clerk’s Office - from Employee Training to
Repair and Maintenance - $1,000.00 – William J. Maloney, City Clerk-Ref to Budget &
Finance
Doc. 61/07: Appropriation Transfer – Purchasing Dept. – from Advertising to Office
Supplies – $1,500.00 and from Dues and Membership to Office Supplies - $300.00 –
Carolyn Trafficanti, Purchasing Agent-Ref to Budget & Finance
Doc. 53/07: Resolution – Foreclosure Hot Zone – Wealth Preservation and Housing
Partnership-Counc. Alvarez-Rodriguez – Tabled
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Upon a motion presented by Councilor Parolisi to “table” the resolution for
Foreclosure Hot Zone, as seconded by Councilor Gonzalez, the Council Members present
voted unanimously [6-0] to “table” the measure.
Doc. 53/07: Tabled
IX. COMMITTEE REPORTS:
Doc. 14/07: Temporary Appointments – Ord. Comm. – Hearing Ordered
report from the Ordinance Committee in the form of a motion accept the report presented and
to order a public hearing. The motion was seconded by Councilor Parolisi.
Upon being recognized, Councilor DiMarca stated that this ordinance, if approved
should be followed.
Upon no further comment or discussion offered, The Council Members present voted
unanimously [6-0] to order a Public Hearing on the measure.
Doc. 26/07: Taxi Application–Renewal–“We Transport You” – Ord. Comm. – License
Approved
report of the Ordinance Committee recommending the approval of the taxi license
application presented. The report was presented in the form of a motion to approve the item
which was seconded by Councilor Parolisi and unanimously approved by the Council
Doc. 26/07: License Approved
Doc. 20/07: Stop Light at Manchester St. and May St. – Ord. Comm. – Defeated
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report of the Ordinance Committee petitioning the City Council to approve the placement of
a stop light at Manchester Street. The report of the Ordinance Committee presented an
“unfavorable” recommendation and was presented as a motion to defeat the measure
presented. The motion was seconded by Councilor Parolisi.
Upon being recognized Councilor DiMarca explained his reason for bringing the
matter to the Council attention and stated that he believes that matter should be presented at a
public hearing.
Councilor Silva explained that the Ordinance Committee reviewed the proposal and it
was brought to the attention of the Sub-Committee Members that location of the “stop light”
required approval by the Commonwealth of Massachusetts.
Upon being granted the floor, Councilor Parolisi suggested that a “stop sign” might
serve the same purpose.
Upon no further comment, discussion or inquiry the Council Members present, the
item unfavorable recommendation was adopted and the measure defeated by unanimous vote
of the Council Members present [6-0].
Doc. 20/07: Defeated
Doc. 28/07: Saint Patrick’s Day Parade – Ord. Comm. – Approved
report of the Ordinance Committee to approve the route of The Saint Patrick’s Day Parade
scheduled to take place on Sunday, March 11, 2007. The report was presented in the form of
105
a motion for approval which was seconded by Councilor Parolisi and unanimously approved
by the Council Members present [6-0].
Doc. 44/07: Pentecostal & Missionary Church- Ord. Comm.Walk-A-Thon - Approved
report of the Ordinance Committee to approve the route and walk-a-thon event proposed by
the Pentecostal and Missionary Church. The report was presented in the form of a motion for
approval which was seconded by Councilor Gonzalez and unanimously approved by the
Doc. 41/07: Surplus Declaration – 277 Haverhill Street –
Hous. Committee – Surplus Declaration - Approved
At the request of Council President Blanchette, Councilor Gonzalez presented the
report from the Housing Committee to declare City owned real property located at 277
Haverhill Street as surplus property. The report was presented in the form of a motion for
approval which was seconded by Councilor Parolisi and unanimously [6-0] approved by the
Council Member present.
Doc. 41/07: Surplus Declaration - Approved
Doc. 223/06: Disposition – 79 Market Street – Hous. Comm.- Approved
report from the Housing Committee to approve the disposition City owned real property
located at 79 Market Street as recommended by the Housing Committee. The report was
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presented in the form of a motion to approve the recommended disposition which was
seconded by Councilor Parolisi and unanimously [6-0] approved by the Council Members
present.
Doc. 223/06: Disposition - Approved
Doc. 224/06: Disposition – 148A-150 Newbury Street –
located at 148A-150 Newbury Street as recommended by the Housing Committee. The
report was presented in the form of a motion to approve the recommended disposition which
was seconded by Councilor Parolisi and unanimously [6-0] approved by the Council
Members present.
Doc. 224/06: Disposition Approved
Doc. 252/04: Disposition – 8-10 Temple Street – Housing Committee – Approved
located at 8-10 Temple Street as recommended by the Housing Committee. The report was
presented in the form of a motion to approve the disposition which was seconded by
Councilor Parolisi and unanimously [6-0] approved by the Council Members present.
Doc. 313/06: Disposition – 352 Broadway Street – Housing Committee – Approved
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located at 352 Broadway Street as recommended by the Housing Committee. The report was
present.
Doc. 314/06: Disposition – 426-428 Broadway Street –
located at 426-428 Broadway Street as recommended by the Housing Committee. The report
was presented in the form of a motion to approve the recommended disposition which, was
present.
Doc. 315/06: Disposition – 4 Brook Street – Housing Committee – Approved
located at 4 Brook Street as recommended by the Housing Committee. The report was
present.
108
Doc. 25/07: Prior Year’s Bill – Randstad - $6,378.42 – Budget and Finance Committee
– Payment Approved
report from the Budget and Finance Committee to approve payment of the outstanding bill.
The measure was presented in the form of a motion to approve the request for payment as
presented which was seconded by Councilor Gonzalez and unanimously approved by The
Doc. 25/07: Payment Approved
Doc. 33/07: Wood Mill – Economic Opportunity Area – Budget and Finance
report from the Budget and Finance Committee to approve the request for designation of an
Economic Opportunity Area [EOA]. The report was presented as a motion to approve the
measure presented which was seconded by Councilor Gonzalez and unanimously approved
by The Council Members present [6-0].
Doc. 334/06: Monarch on the Merrimack – Wood Mill LLC – TIF – Budget & Finance
report from the Budget and Finance Committee to approve the measure as recommended.
The report was presented in the form of a motion to approve the measure which was
seconded by Councilor DiMarca and unanimously approved by The Council Members
present [6-0].
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Doc. 42/07: Lawrence Community Works – FY 2006 unpaid invoice - $4,217.66 –
Budget & Finance Committee – Tabled
report from the Budget and Finance Committee to “table” the measure presented. The report
was presented in the form of a motion to “table” the item which was seconded by Councilor
Gonzalez and unanimously [6-0] approved by the Council Members present.
Doc. 42/07: Tabled
X. WITHDRAWALS: - None
XI. OLD BUSINESS: - None
XII. TABLED MATTERS:
60/06
215/06
128/06
257/06
367/06
43/07
46/07
Resolution-Jessica Mercado-Greater Lawrence Technical School-student-Counc.Gosselin
Sign Ordinance – new sign – discussion – Peter Blanchette, Building Inspector
XIII. NEW BUSINESS:
49/07
50/07
51/07
54/07
55/07
56/07
57/07
58/07
Helmet Ordinance – for Sledders under the age of 12 – Council Pres. Blanchette-Ref to Ord.Cmt.
National Grid – req. permission to place underground electric conduits on Haverhill St.-Ref. to Ord.
Public Participation – request to increase time limit – Joe D’Amico-Ref to Cmt.on the Whole
City Auditor – position to be created – Council Pres. Blanchette-Ref. to Ord.
Handicapped Parking Sign – removal – 47 Woodland St.- Council Pres. Blanchette-Ref. to Ord Cmt.
Handicapped Parking Sign – removal – 49 Woodland St.- Council Pres. Blanchette-Ref. to Ord Cmt.
Parking – delete City Ordinance for Alternate Street Parking except in snow storms/emergency
Council Pres. Blanchette-Ref. to Ord Cmt
Employee Handbook–review draft– dated September 26, 2006 – Council Pres.
Blanchette-Ref. to Pers. Cmt
110
59/07
60/07
62/07
63/07
65/07
66/07
Prospect Street Area/General Street– “Trucks Exit Here” Sign – Council Pres.
Blanchette- Ref. to Ord.Cmt
City Owned Vacant Lots – presentation from MIT – Counc. Alvarez-Rodriguez-Ref. to Hsg Cmt
Parking – review of ordinances – Jackson Street from Canal Street to Haverhill StreetCounc. Silva-Ref. to Ord. Cmt
Parking – review of ordinances – Mill Street from Canal Street to Essex Street –
Counc. Silva-Ref. to Ord. Cmt
Purchasing Procedures – review of current procedures – ordinance/charter – violation of
Bidding process- Counc. Silva-Ref. to Ord.Cmt
Wholesale Junk License – Windfield Alloy, Inc. -15 Medford St.-Arthur Caras-Ref. to Ord Cmt
XIV. ADJOURNMENT:
Upon Motion of Councilor Parolisi duly seconded by Councilor DiMarca, the Council
Members present voted unanimously to Adjourn.
ADJOURNED
(9:03p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, March 20, 2007
A REGULAR MEETING of the City Council was held on Tuesday, March 20,
2007 at 7:10 p.m. in the City Council Chamber with all Members present except for
Councilor Kolofoles and Councilor Vice President Frechette. Council President Blanchette
presided over the meeting.
Approximately Twenty-seven [27] persons were present.
of the City Council Meeting conducted March 6, 2007 were submitted by the City Clerk for
Upon a motion to accept and approve the minutes as submitted presented by
Councilor Parolisi as seconded by Councilor DiMarca, the Council Members present voted
unanimously [7-0] to accept and approve the minutes of March 6, 2007.
Jean Louis Michaud, 25 Boyd Street Lawrence, MA stated that the roads in Lawrence
were in very poor condition after the snow storm this past Friday.
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Mark Vivier of Lowell Street, Lawrence, MA stated that he has not received public
information which he has requested since February 20, 2007 regarding towing contracts. He
stated that the information requested was within G.L. c. 66, sec..10 [Freedom of Information
Action - FOIA] and he asked the City Council to contact the Mayor to insist the information
be provided without further delay.
Lindy Galland 196 West Street, Lawrence, MA congratulated Council President
Blanchette on his 30th Birthday that was on March 19, 2007. She thanked Councilor
Gosselin for her successful organization of the Saint Patrick’s Day Parade on March 11, 2007
and discussed the celebration that followed at The Claddagh Pub.
John Lydon 9 Monroe Street, Lawrence, MA stated that although the snow may not
have been fully cleared from the City Streets, he praised the hard work of the DPW workers
for their efforts.
Michael Sweeney, 104 Dascomb Road, Andover, MA stated that he supports
Acting DPW Director Michael Morley and Parks Director Joe Viel. He praised the work of
all DPW workers who cleared the snow in last Friday’s snow storm and stated that the streets
were cleared.
Dalia Diaz, 315 Mount Vernon Street, Lawrence, MA [Editor in Chief and owner of
RUMBO publication] complained about an attempted sexual assault on a 10 year old boy
recently occurring at the Oliver School. She stated that the Superintendent of Schools has
instructed the school staff not to report the incident and claimed that he is “downplaying” the
matter. She stated that teachers and school staff are mandated reporters and required to
report such matters to their superiors and the police if necessary. She stated that the response
113
of the Superintendent and the School Committee regarding this incident and all such
incidents is insufficient.
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA discussed an article recently
published in the newspaper indicating that City Government needs to be more “citizen
friendly”. He spoke in favor of City Council allowing more time for public comment to
those who wish to present their point of view on any matter of public concern. Mr.
D’Amico stated that the City Council Meeting held in rare Saturday session last year was
deceptive as it failed to permit the public to comment on the budget process being considered
by the Mayor and City Council at the time. He stated that he believes that tax and budget
issues require greater public comment and discussion than is currently being allowed.
III. APPROPRIATIONS-ORDERS-RESOLUTIONS:
appearing on the agenda. The motion was seconded by Councilor Alvarez-Rodriguez and
Doc. 81/07: Proclamation – Greater Lawrence Technical School – State Champions –
Wrestling Team-Counc. DiMarca – Presented
Upon the invitation of Council President Blanchette, Councilor DiMarca Presented
the Proclamation to the Greater Lawrence Regional Vocational Technical School Wrestling
Team and Coaches for their success as Massachusetts State Champions.
IV. TABLED MATTERS:
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Doc. 53/07: Resolution – Foreclosure Hot Zone – Wealth Preservation and Housing
Partnership-Councilor Alvarez-Rodriguez – Presented
Upon the motion of Councilor Parolisi to remove the item from the table as seconded
by Councilor Gonzalez, the City Council Members present voted unanimously to remove the
document from the table [7-0].
Upon the invitation of Council President Blanchette, Councilor Alvarez-Rodriguez,
Councilor Gonzalez and Council President Blanchette presented the Resolution to Ana Luna
and Mayte Rivera. Ana Luna and Mayte Rivera thanked the City Council for the award and
recognition.
V. PUBLIC HEARINGS:
Doc. 14/07: Temporary Appointments – proposed amendment to Section 2.04.081 of
the Municipal Code – Public Hearing-Tabled
Council Members.
Upon no discussion or comment offered by any member of the public, Council
President Blanchette closed the public comment portion of the proceedings and called upon
the Council Members present to offer comment or discussion.
A motion was presented by Councilor DiMarca as seconded by Councilor Parolisi to
approve the measure.
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Council President Blanchette discussed the intended purpose of the proposed
amendment for the Council Members present and opened the matter for further discussion.
A discussion ensued between Council President Blanchette and Councilor Parolisi regarding
the Mayor’s opinion sent to the Council Members which stated the proposed amendment, if
approved, could not be enforced as it was not within the jurisdiction of the City Council to
pass such a measure.
Upon being granted the floor, Councilor Gosselin discussed how the proposed
ordinance would operate if approved.
Upon being recognized, Councilor Silva stated that the matter presented was of
particular concern to Council Vice President Frechette and that the City Council Members
should allow him the opportunity to review the item prior to final vote being taken. In that
light, Councilor Silva moved to table the measure which was seconded by Councilor Parolisi.
The Council Members present voted unanimously [7-0] to table the item.
Doc. 14/07: Public Hearing- Tabled
VI: COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY:
Council President Blanchette called the following matters to the attention of the
71/07
Executive Order – Weapons Policy – Mayor Sullivan-Ref to Ord.
76/07
FY’08 CDBG Funding Recommendations – Mayor Sullivan –Ref. to Budget & Finance
77/07
Citizen Advisory Committee for Better Government – Council Pres. Blanchette-Ref to Ord.
116
Doc. 79/07 Financial Reports to be submitted by the
Mayor/Comptroller/Administration for all City Departments
according to city ordinance – Councilor Silva-Ref to Budget & Finance
Upon being granted the floor by Council President Blanchette, Councilor Silva
introduced and explained the purpose of the item and stated that it was her intention that a
letter of communication to the Mayor may be directed by the City Council Members
concerning this matter with the understanding that the City Departments would be required to
comply with the City Ordinance concerning required financial reporting.
Council President Blanchette referred that item to Budget & Finance.
Doc. 88/07: Conditions of streets – recent storm/plowing –Issue to be discussed Emergency – Councilors Gosselin and DiMarca-Discussion
Council President Blanchette introduced the item as an emergency measure and
called upon the Council Members for their input and discussion on the matter.
Upon being granted the floor, Councilor Gosselin stated that she received many
telephone calls and comments during and after the recent snow storm occurring on Friday,
March 16, 2007 into Saturday, March 17, 2007. She stated that she believed that despite the
efforts of the DPW workers to clear the snow, the streets and walkways in the City of
Lawrence posed public safety concerns.
As a point of information, Councilor Silva indicated that she recalled receiving
informational packages from the DPW Parks Director Veil that provided process and
procedures that the DPW would follow in emergency situations and snow emergencies and
that she thought the City Council received that information sometime in October or
November of 2006. Council President Blanchette stated that Councilor Silva was correct and
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that the information primarily concerned “parking regulations” that would be put into place
during declared snow emergencies and other emergencies as they occurred.
Upon being granted the floor, Councilor DiMarca stated that the streets of the City of
Lawrence were in extremely poor condition and the snow was not satisfactorily removed
during or after the storm. He cited specific street locations in many districts throughout the
City that were poorly plowed which created serious public safety issues and concerns. Upon
being granted permission to inquire by Council President Blanchette, Councilor DiMarca
asked Acting DPW Director Michael Morley and Parks Supervisor Joseph Viel to discuss the
“snow storm” procedures followed by the DPW in response to the recent snow storm. In
response, Acting Director Morley explained and outlined the storm procedure followed by
DPW workers this past Friday into Saturday and deferred specific question to Parks
Supervisor Joe Viel since he was in charge of the operations at that time. Joe Viel informed
the Council Members that all twenty-two snow removal vehicles were deployed to remove
snow last Friday. He stated that the hospital access ways and primary roadways used by
emergency vehicles were first to have snow removed. He stated that additional contractors
were called later during the storm to supplement the deployment of City vehicles used to
remove snow. Mr. Viel stated that during and throughout the storm he remained in contact
with the Police Chief and Fire Chief to make sure there were no problems experienced in the
performance of their duties. He informed the Council Members that neither the Police
Department nor the Fire Department reported any difficulties with emergency access to any
location in the City as a result of snow accumulation. He also informed the Council
Members that a “snow emergency” was not declared by the Mayor and that the Mayor is the
118
only City Official authorized to declare an emergency. He stated that although the alternate
street parking provisions for the City of Lawrence expired on March 15, 2007, vehicles left
on the street or snowbound did not pose much difficultly. He explained that these vehicles
would typically be towed and ticketed during a snow emergency, but he believed that would
have resulted in greater public inconvenience and complaints if a snow emergency were
declared. A discussion ensued among Councilor Gosselin, Mr. Viel and Acting Director
Morley concerning specific locations of snow accumulations and vehicle abandonment.
In response to Council President Blanchette inquiry as to whether or not the snow
removal equipment should have been dispatched earlier, Mr. Viel explained that removal
equipment was not deployed earlier because the snow storm took place near the afternoon
“rush hour”. He stated that snow removal equipment is not deployed during times of dense
traffic which make it impossible to clear the snow from the roads. He also stated that
additional contractors are not deployed until late evening hours when they can be most
effective.
Upon being granted the floor, Councilor DiMarca indicated that he is personally
aware that the sidewalks remained unplowed right through Monday. In response, Mr. Viel
stated that the City relies on its snow removal contractors to clear the walkways due to the
specialize equipment in their possession. He stated that the snow clearing practices were no
different for this storm as they were for storms occurring in the past.
Upon being granted the floor, Councilor Parolisi indicated that Mr. Viel and Acting
Director Morley stated that removal procedures could “have been better” and asked what
might have been done differently to improve snow removal during this storm. Mr. Viel
119
stated that he would have concentrated more on removing snow in the Carletonville
neighborhood and brought in heavier equipment for this area. Councilor Parolisi concluded
that he believes the side streets in North Andover were in the same condition as side streets
in Lawrence. Upon inquiry by Councilor Parolisi, Acting DPW Director Morley and Mr.
Viel stated that the recent suspension of Director McCann had no effect on staff performance
or caused any difficulties in completing snow removal in the City of Lawrence.
Upon being granted the floor, Councilor Alvarez-Rodriguez commented that the
recent survey of people in Massachusetts concluded that the most important issue of concern
among residents is how to effectively and efficiently remove snow. Upon inquiry by
Councilor Alvarez-Rodriguez Mr. Viel explained the method and manner used to identify
and prioritize snow removal locations. Councilor Alvarez-Rodriguez discussed possible
ways of expanding public notice and communications in snow storms that are not declared
snow emergencies.
Upon being granted the floor, Councilor Silva commended DPW for their snow
removal efforts and stated that she believe the DPW workers did a great job. She stated that
there was a good amount of traffic congestion during the snow storm and believes that it was
prudent that a snow emergency was not declared which saved the motorist a great deal of
money and aggravation.
Upon being granted the floor, Councilor Gosselin reiterated that she observed the
poor condition of the streets and stated that the snow was not sufficiently cleared from the
streets. She stated that the condition of the streets were deplorable and posed a significant
threat to public safety. She stated that she received reports of a City vehicle running red
120
lights and weaving all over the road and asked Mr. Viel to determine the operator of the
reported vehicle.
Upon being granted the floor, Councilor Gonzalez stated that the condition of the City
streets near his house and in his neighborhood were very poor. He stated that he made an
effort to assist by having people in his neighborhood park in his driveway and in the
driveway of his relatives to allow them to move their cars off the street. He suggested that
although many of the people in the congested areas of Lawrence don’t have driveways or
places to park, they should still make every effort to get their vehicles off the street so the
snow plows and sanders can remove the snow and treat the roads.
Upon being recognized, Councilor DiMarca reiterated that snow removal efforts have
to be improved.
Council President Blanchette proceeded to discuss some of the phone calls he
received. He stated that the Council meeting forum is the place where issues that may be in
dispute should be presented and resolved. He thanked Acting DPW Director Morley and Mr.
Viel for providing the City Council Members with the information regarding this matter.
Doc. 88/07: Discussion
VII. OLD BUSINESS:
Doc. 68/07: Taxi License Renewal – Maximo Transportation – 205 Broadway St.Maximo Rodriguez - Withdrawn
Council President Blanchette recounted the procedural history of this item for the
benefit of the Council Members present and indicated that a “conditional approval” of the
taxi license to Maximo Transportation was granted pending compliance with application
procedures as determined by the Lawrence Police Department. Council President Blanchette
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stated that Sgt. Bonilla of the Lawrence Police Department was present to report to the City
Council Members regarding the status of the taxi license at the pleasure of the City Council.
Councilor Parolisi presented a motion to remove the above item from the “table”
which was seconded by Councilor Silva and unanimously approved by the Council Members
present [7-0].
At the invitation of Council President Blanchette, Sgt. Bonilla presented his report of
the application status of Maximo Transportation and stated that the company had not as yet
completed the approval process. He stated that issues relating to the current owner and one
of its corporate members had not yet be resolved that would allow for police approval of the
application presented. He stated further that he received a letter dated March 13, 2007 from
the company president informing him that Maximo Transportation did not wish to continue
pursuing reinstatement of its taxi license in the City of Lawrence. A copy of the letter was
presented to each of the Council Members present for their reference.
Upon being recognized Councilor Silva presented a motion to withdraw the measure
which was seconded by Councilor Gonzalez and unanimously [7-0] approved by the Council
Member present.
VIII. APPROPRIATIONS-ORDERS-RESOLUTION:
The following items were referred to the subcommittee as indicated:
78/07 - Appropriation Transfer – City Attorney’s Office - from Judgments to Litigation
- $100,000.00- Charles D. Boddy, City Attorney
Ref to Budget & Finance
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80/07 - Appropriation Transfer – Fire Department – from Fire Administration
Anticipated Grant City Share $26,263.00 to Mechanical Division Repair and
Maintenance – Vehicles $25,000.00 and to Assistance to Firefighters Grant Assist to
Firefighters Grant $1,263.00-Chief Peter C. Takvorian, Lawrence Fire Dept. –
Ref. to Budget & Finance
IX. COMMITTEE REPORTS: None
X. WITHDRAWALS: None
XI. TABLED MATTERS:
60/06
215/06
128/06
257/06
367/06
43/07
46/07
34/07
42/07
Arlington Mills Smart Growth District –hearing
Lawrence Community Works – FY 2006 unpaid invoice - $4,217.66
XII. NEW BUSINESS:
70/07
72/07
73/07
74/07
75/07
82/07
83/07
Teleport Communications Boston – request permission to place conduit and cable on
Franklin Street and Canal Street – Joseph Acosta, Principal-Ref to Ord.
Team ECR – request permission to hold a car show in the parking area of Pemberton
Park on June 30, 2007 – David Medina, President-Ref. to Ord.
Handicapped Parking – 211B Farnham St.–deletion of 268 Ames St.–Katherina OrtegaRef. to Ord.
Water and Sewer Rates – complete review – Counc. Alvarez-Rodriguez-Ref. to B & F
Little Leagues -Fund Raising Tag Days – South Lawrence West L.L., South Lawrence
East L.L., Prospect Hill L.L., Central L.L.& Tower Hill L.L.– Sy Uliano, Jr.,
Coordinator-Ref. to Ord.
Lawrence High School Army Junior Reserves Officer Training Corps (JROTC) – request
permission to use the Campagnone Common on 4/25 & 4/26/07 for a Field Day
9:30 a.m. to 4:30 p.m. – Robert A. Maldonado, Jr., Cadet Captain LHS JROTC-Ref to
Ord
Personnel File/Records for all City Employees should be kept at the City Personnel Dept.
Including DPW, Fire Dept., Police Dept., Planning Dept., Community Development
Department, Library, etc. – Counc. Silva-Ref. to Pers.
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84/07
85/07
86/07
87/07
Organization Chart – update and review for all City Departments including names of all
employees, titles and salaries – Counc. Silva – Ref. to Personnel
Local Groceries and Convenience Stores that sell take-out food–enforcement regulations
on Fire Safety Issues – Counc. Silva – Ref. to Ord.
Union Contracts – Ordinance/Charter Review – looking into allowing the City Council to
approve – Counc. Silva – Ref. to Ord.
Vacant Positions, Temp/Acting – request to the Administration the names of any
Applicants, current Temp/Acting Employees that are more than 90 days, and their current
status – Counc. Silva – Ref to Ord.
XIII. ADJOURNMENT:
Upon Motion of Councilor Parolisi as seconded by Councilor DiMarca, the Council
ADJOURNED
(9:11p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, April 3, 2007
A REGULAR MEETING of the City Council was held on Tuesday, April 3, 2007
at 7:05 p.m. in the City Council Chamber with all Members present except for Councilor
DiMarca who arrived at 7:15 p.m. Council President Blanchette presided over the meeting.
Approximately Twenty -Two [22] persons were present.
of City Council Meetings conducted March 20, 2007 were submitted by the City Clerk for
Upon the motion of Councilor Parolisi to accept the minutes as presented duly
seconded by Councilor Gonzalez, the Council Members present voted unanimously [8-0] to
accept the minutes.
Julio Castillo, 5 Lynch Street, Lawrence, MA spoke on behalf of the “Church of
Christ’s Coming”. He stated that he was informed by City Attorney Boddy that there is a
problem transferring title to real property recently awarded by the City Council. He
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[Tuesday, April 3, 2007]
requested the Council Members look into the matter and provide him with information so
that title can be transferred as soon as possible.
Hirma Castillo 5 Lynch Street, Lawrence, MA [wife of Julio Castillo] stated that she
agrees with the information provided by her husband and hoped the City Council can resolve
the matter concerning the property at 290 Lowell Street, Lawrence, MA recently awarded to
the Church.
Modesto Maldonado stated that several City Administrators have received an increase
in their salaries and requested the City Council to consider repealing the water rate last
approved by the City Council.
III. PUBLIC HEARINGS: None
IV. COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY:
Doc. 93/07: Tree Presentation – 5-10 minute Presentation by Maggie Super-Churchsubmitted by Council Pres. Blanchette- Presented
Council President Blanchette introduced the item and invited Maggie
Superchurch to present the communication along with Jane Calvin from the Department of
Conservation and Recreation [hereinafter referred to as DCR].
Upon conclusion of the presentation of Ms. Superchurch and Ms. Calvin, Councilor
Alvarez-Rodriguez was granted the floor and asked Ms Super-Church questions about
programs to plant and maintain trees in locations that will enhance property in the City of
Lawrence. Ms. Super-Church discussed the use of arborists and environmentalists to oversee
any planting or removal project.
126
Upon being granted the floor, Councilor Kolofoles asked about the source of funding
and if funding came from grants. He also discussed the possible necessity of approving an
ordinance regarding such a project. Discussion ensued about the possible appointment of
tree wardens through the Department of Public Works.
Upon being granted the floor, Councilor Silva stated that she was pleased with the
presentation and informed the Council Members that Jonas Stundza was probably the most
knowledgeable individual in the City of Lawrence concerning trees and their placement
throughout the City as an active environmentalist. Ms. Superchurch stated that about 17 trees
would be planted this spring.
Upon being recognized Councilor Parolisi discussed whether the trees place along
Essex Street are properly located given the proposed plan to reconstruct Essex Street to again
become a two way street.
Upon no further question or comment from other Council Members present. Council
President Blanchette thanked Ms. Superchurch and Ms. Calvin for their input and
information. He also stated that he is familiar with the environmental work of Jonas Stundza
and complimented his efforts particularly with the placement of trees in the Campagnone
Common. He stated that the placement of trees has been recognized through historical
identification efforts conducted by City Attorney Charles Boddy in his prior position as the
City Land Use Planner. He again thanked the presenters for the information provided.
Doc. 48/07: Appropriation Transfer – City Clerk’s Office – from Employee Training to
Repair and Maintenance - $1,000.00 – Budget and Finance Comm. - Approved
127
report from the Budget and Finance Committee in the form of a motion to approve the
Appropriation Transfer requested. The motion was seconded by Councilor Kolofoles and
unanimously approved by vote of the Council Members present [9-0].
Doc. 48 /07: Approved
Doc. 61/07: Appropriation Transfer – Purchasing Dept. – from Advertising to Office
Supplies – $1,500.00 and from Dues and Membership to Office Supplies - $300.00Budget & Finance Committee - Approved
Appropriation Transfer requested. The motion was seconded by Councilor Kolofoles and
unanimously approved by vote of the Council Members present [9-0].
Doc. 78/07: Appropriation Transfer – City Attorney’s Office – from Judgments to
Litigation – $100,000.00 – B & F Committee – Approved
Appropriation Transfer requested. The motion was duly seconded by Councilor
Alvarez-Rodriguez and unanimously approved by vote the Council Members present
[9-0].
Doc. 80/07: Appropriation Transfer – Fire Dept. – from Fire Adm. Anticipated Grant
City Share $26,263.00 to Mechanical Div. Repair and Maintenance- Vehicles $25,000.00
and to Assistance to Firefighters Grant Assist to Firefighters Grant $1,263.00 – Budget
and Finance Committee – Approved
128
Appropriation Transfer requested by the Fire Department. The motion was duly seconded by
Councilor Gonzalez and unanimously approved by the Council Members present [9-0].
Doc.70/07: Teleport Communications Boston – request permission to place conduit and
cable on Franklin and Canal Streets – Ord. Comm. – Public Hearing Ordered
report from the Ordinance Committee to order a public hearing. The report was presented in
the form of a motion to order a public hearing and was seconded by Councilor Gonzalez and
unanimously approved by vote of the Council Members present [9-0] present.
Doc. 70 /07: Public Hearing Ordered
Doc. 156/06: Building Permit Fee Waiver Program – Temporary Freeze – Ordinance
Comm. & Public Hearing Ordered
the form of a motion to order a public hearing and was seconded by Councilor Parolisi and
Doc. 50/07: National Grid – request permission to place underground conduits on
Haverhill Street – Ordinance Committee – Public Hearing Ordered
129
Doc. 27/07: Handicapped Parking Sign – 26 Atkinson Court – Ord. Committee –
unanimously approved by vote of the Council Members present [9-0] present
Doc. 55/07: Handicapped Parking Sign – 47 Woodland Street – Ord. Committee –
Deletion of Ordinance/Removal of Sign-Approved
report of the Ordinance Committee to delete the City Ordinance provision for the installation
of a Handicapped Parking space and at 47 Woodland Street. The report was presented in the
form of a motion to delete the City Ordinance provision which was seconded by Councilor
Gonzalez and unanimously approved by the Council Members present [9-0].
Doc. 55 /07: Ordinance Deleted/Sign to be Removed – Approved
Doc. 56/07: Handicapped Parking Sign – 49 Woodland Street – Ord. Comm.- Deletion
of Ordinance/Removal of Sign – Approved
130
of a Handicapped Parking space and at 47 Woodland Street. The report was presented in the
Doc. 56 /07: Ordinance Deleted/Sign to be Removed – Approved
Doc.73A/07: Handicapped Parking Sign – 268 Ames Street – removal of signage – Ord.
Committee – Ordinance Deleted/Sign to be Removed – Approved
of a Handicapped Parking space and at 268 Ames Street. The report was presented in the
Doc. 73A /07: Ordinance Deleted/Sign to be Removed – Approved
Doc. 73B/07: Handicapped Parking Sign – 211B Farnham Street – to be placed – Ord.
Committee – Public Hearing Ordered
the form of a motion to order a public hearing and was seconded by Councilor AlvarezRodriguez and unanimously approved by vote of the Council Members present [9-0] present.
Doc. 73B /07: Public Hearing Ordered
Doc. 72/07: Team ECR – permission to hold a car show at Pemberton Park –
Ordinance Committee – Approved
report from the Ordinance Committee in the form of a motion to approve the measure
131
presented. The motion was seconded by Councilor Gonzalez and unanimously approved by
vote of the Council Members present [9-0].
Doc.75/07: Little Leagues – Fundraising Tag Days – Ord. Comm. – Approved
At the request of Council President Blanchette, Councilor Kolofoles presented
the report from the Ordinance Committee in the form of a motion to approve the measure
presented. The motion was seconded by Councilor Gonzalez and unanimously approved by
vote of the Council Members present [9-0].
Doc. 82/07: Lawrence High School – ROTC – use of Campagnone Common on 4/25 &
4/26/07- Field Day – Ord. Comm. – Approved
the report from the Ordinance Committee in the form of a motion to approve the measure
presented. The motion was seconded by Councilor Alvarez-Rodriguez and unanimously
approved by vote of the Council Members present [9-0].
At the invitation of the City Council, Captain Robert Maldonado discussed and
explained the intended field day activities planned by his organization and related the several
school related events to take place.
Doc. 76/07: FY’08 CDBG Funding recommendations – B & F Comm. – Public Hearing
Ordered
report of the Budget & Finance Committee to order a public hearing on the measure
132
presented. The report was presented in the form of a motion for a public hearing which was
seconded by Councilor Kolofoles and unanimously approved by the Council Members
present [9-0].
VII. WITHDRAWALS:
Council President Blanchette granted Councilor Kolofoles the floor to present a
motion to withdraw concerning the following matters:
Doc. 03/07: Parking – Hill Street – Ord. Comm. - Withdrawn
Doc. 36/07: Traffic Signals – Common Street from Broadway to Jackson Street
Ord. Comm. – Withdrawn
Councilor Kolofoles’ motion to withdraw the above matters from the City Council
Agenda was seconded by Councilor Silva and unanimously approved by the Council
VIII. OLD BUSINESS:
Council President Blanchette called the following matter to the attention of the
Council Members as appearing on the Agenda which was referred as indicated:
Doc. 305/05: Disposition - 71 Merrimack Street – Michael R. Sweeney, Planning
Department Director – Ref. to Housing Committee
IX. TABLED MATTERS:
60/06
215/06
128/06
257/06
133
367/06
43/07
46/07
34/07
42/07
14/07
Temporary Appointments – proposed amendments to Section 2.04.081 of the
Municipal Code
X. NEW BUSINESS:
69/07
89/07
90/07
91/07
92/07
94/07
95/07
96/07
97/07
Teleport Communications Boston – request permission to place conduit and cable on
Beacon Street, Beacon Avenue and Andover Street – Joseph Acosta, Principal – Ref to
Ord.
City Contract Ordinance – approval by City Council for all contracts over $50,000 –
Council President Blanchette – Ref. to Ord.
Prior Year Bill – Veteran’s Services Department – Francisco Urena, Director-Ref. to
Budget & Finance
Old Gold Dealer License – Belkis Oslan – 442 Essex Street – Ref to Ord.
Handicapped Parking – 80 Hawley Street – Providencia Aponte – Ref to Ord.
Lead Abatement Program –Review – complaint filed about discrepancies with the
Program – Councilor Alvarez-Rodriguez – Ref. to Housing
Water and Sewer – repeal rates – Counc. Alvarez-Rodriguez – Ref. to Ord.
Water and Sewer – switching to a sliding scale or two tier formula Counc. Alvarez-Rodriguez – Ref. to Ord.
Security Swipe Card – City Hall/Employees – Counc. Gosselin – Ref. to Personnel
XI. ADJOURNMENT:
Upon the Motion To Adjourn presented by Councilor DiMarca, the Council Members
present voted unanimously to Adjourn [9-0].
ADJOURNED
(8:03p.m.)
Attest:
William J. Maloney
City Clerk
134
DATE: Tuesday, April 17, 2007
A REGULAR MEETING of the City Council was held on Tuesday, April 17, 2007
at 7: 06 p.m. in the City Council Chamber with all Members present. Council President
Approximately [24] persons were present.
of City Council Meeting conducted April 3, 2007 were submitted by the City Clerk for
consideration and approval by the City Council Members.
Councilor Parolisi presented a motion to approve the minutes of the City Council
Meeting of April 3, 2007 which was seconded by Councilor Gonzalez and unanimously
approved [9-0] by the Council Members present.
Before commencing with the scheduled agenda items, Council President Blanchette
invited Fire Chief Peter Takvorian to apprise the Council Members and public regarding the
current issues pertaining to recent flooding.
Chief Takvorian reported the extent of current water levels near the river and its
tributaries in Lawrence. He provided approximate cresting times of for the Merrimack and
Spicket Rivers. He also provided the current conditions of the Shawsheen River in South
Lawrence and described the efforts and assistance of North Andover concerning the areas
contiguous to the City of Lawrence.
135
At the request of Council President Blanchette, Chief Takvorian provided a list of
streets that should be avoided due to closing. Chief Takvorian also provided information
concerning additional safety measures taken which included turning power off at locations
and addresses that were subject to dangerous levels of flooding.
Upon being granted the floor, Councilor Gonzalez asked Chief Takvorian if the Daisy
Street Bridge was still open. Chief Takvorian replied that the bridge was closed.
Upon being granted the floor, Councilor DiMarca informed Chief Takvorian that his
radio program would be available for any public announcements that he may have regarding
matters addressed. Councilor DiMarca also stated that the program is in Spanish and would
likely reach those most affected in the areas that are prone to flooding in the City.
Upon being recognized, Councilor Kolofoles expressed his concern about the people
gathering near the Merrimack River banks along Water Street and urged everyone to remain
away from the river in order to keep safe.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked to have relief
information posted in the City Clerk’s Office.
Upon no further comment, inquiry, or discussion, Council President Blanchette
thanked Chief Takvorian for providing the information to the public and Council Members.
Council President Blanchette, the following individuals addressed the City Council.
136
Fausto Nunez, 450 Hampshire St., Lawrence, MA addressed the Council Members in
Spanish which Domingo Melendez of 26 Leslie Street, Lawrence, MA presented the same
information in English. The content of the presentation concerned recent neighborhood
efforts to eradicate graffiti, illegal posters, and trash in vacant lots and public locations. They
stated that these efforts were being coordinated through the Lawrence/Methuen Coalition
organization together with support from the Lawrence Police Department and the
Inspectional Services Department.
Joseph Chiarenza, 3 Exeter Street, Lawrence, MA addressed the City Council about a
recent murder attempt upon his son and informed the City Council that he believed the
Lawrence Police were ignoring his reports concerning the incident. He informed the City
Council that he served in the United States Marines and that he is now much older and
suffers from serious maladies due to age. He concluded by asking the City Council to
provide assistance and guidance filing his report on the matter with the Lawrence Police.
Kurt Chiarenza, 3 Exeter Street, Lawrence, MA addressed the City Council Members
by describing the attack on his life on May 9, 2007 where he was cut on the throat when he
was leaving a local night club resulting in hospitalization. He stated that his repeated reports
of the incident to the Lawrence Police Detectives, Chief Romero and Mayor Sullivan were
being ignored and asked the City Council Members to assist his effort to file a report with the
police regarding this incident.
Ellie Curtin, Brunswick House resident, Lawrence, MA stated she has 25 signatures
to present concerning noise complaints occurring regularly at “The Last Shot Sports Bar”.
She stated that the noise typically occurs in the early morning hours between 1:30 a.m. and
137
2:00 a.m. when patrons of the bar leave but don’t leave the area. She stated that these people
were extremely loud, rude, and were often seen urinating in the street. She stated that the
police need to do something about the situation to allow the area residents the ability to live
in peace and quite during the late night/early morning hours.
Bob Hamel, 32 Lawrence Street, Lawrence, MA asked the Council Members if there
were any possibility that Parking Attendants and Employees might be able to obtain benefits
of employment that other City Employees enjoy. He stated that the Parking Employees do
not presently receive paid holidays or paid vacation time and that these items are usually
allowed as a benefit of employment in most other positions.
Barbara Gonzalez, 20 Dartmouth Street, Lawrence, MA stated that the actions of
several members of the Lawrence Police Department need to be investigated. She stated that
acts of violence are being committed by members of the police force upon the public and that
Police Chief Romero is responsible for his failure to investigate or reprimand officers
involved.
Doc. 50/07: National Grid – request permission to place underground electric conduits
on Haverhill Street – Hearing Held - Approved
Council Members.
138
Council President Blanchette informed the Council Members present that he received
information from the petitioner that they could not afford to have anyone present to answer
questions that the Council Members may have regarding this matter due tot he fact that all its
employees are busy working to restore power and service to areas affected by the recent
flood and severe weather. He suggested that the item could be addressed sufficiently if the
Council Members chose or could be taken up at a later meeting if necessary.
presented by Councilor Kolofoles, as seconded by Councilor Parolisi, the Council Members
Doc.70/07: Teleport Communications Boston – request permission to place conduit and
cable on Franklin Street and Canal Street – Hearing Held - Approved
notice regarding the item as published. Upon the conclusion of the Clerk’s reading of the
Council Members.
139
Joe Resta, representing the petitioner, appeared before the Council Members and
presented a description of the project and proposed construction.
Elizabeth Tulley, Manager of Lorenzo Building, asked the Council Members if she
could obtain information about when the project can be expected to begin and end. A
discussion ensued between Ms. Tulley and Mr. Resta regarding the project and matters of
concern to Ms. Tulley.
Upon being granted the floor Councilor Alvarez-Rodriguez, stated that she is
concerned about how traffic flow will be affected during the construction times. She posed
questions to Mr. Resta about specific times of operation and arrangements made by the
petitioner to provide traffic control and safety during those times. Upon conclusion of her
inquiry, Councilor Alvarez-Rodriguez presented a motion to approve the measure which was
seconded by Councilor Parolisi.
Upon being recognized, Councilor Kolofoles asked Mr. Resta to describe the nature
and extent of the proposed work. After Mr. Resta responded, Councilor Kolofoles
commented that be believed there should be more than one police officer assigned to provide
traffic safety at the sight. Councilor Kolofoles presented a friendly amendment to the motion
which would allow the petition to option of performing work on the project during the
evening hours. Councilor Alvarez-Rodriguez accepted the friendly amendment.
140
Upon being granted the floor, Councilor Frechette discussed prior work performed by
the petitioner in the past and stated that he believed that the petitioner has proven to be
responsible and reliable in all respects.
Upon no further discussion, comment or inquiry offered by the Council Members
present, Council President Blanchette 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, amended by Councilor Kolofoles and originally presented by Councilor AlvarezRodriguez, as seconded by Councilor Parolisi, the Council Members present voted
unanimously [9-0] to approve Teleport Communications Boston’s request for permission to
place conduit and cable on Franklin and Canal Street.
Doc.70/07: Approved
Doc. 27/07: Handicapped Parking – 26 Atkinson Street – Hearing Held – Approved
notice regarding the above matter. Upon the conclusion of the Clerk’s reading of the public
notice, Council President Blanchette opened the public hearing portion of the proceedings
and invited anyone who wished to be heard to present themselves before the Council
Members.
141
Upon a motion to approve the measure presented by Councilor Kolofoles, as
seconded by Councilor Alvarez-Rodriguez, the Council Members present voted unanimously
[9-0] to approve handicapped parking at 26 Atkinston Street in Lawrence.
Doc. 76/07: FY’08 CDBG Funding Recommendations – Hearing Held - Approved
Council Members.
Steve Hedes a representative of the YMCA appeared and commented favorably on
the petition.
closed the public hearing portion of the proceedings and called upon the Council Members to
present a motion.
Upon being recognized Councilor Alvarez-Rodriguez presented a motion to approve
the measure which was seconded by Councilor Frechette.
Upon being recognized, Councilor Silva suggested that Council Members who may
have an interest in any of the items presented in the petition should abstain from voting on
the measure.
142
As a point of order, Council President Blanchette informed the Council Members that
any Councilor who may have an interest in any matter presented before the City Council may
consider an appropriate vote at their discretion.
At the request of Councilor DiMarca, Community Development Director Ezra Glenn
addressed the Council Members regarding the grant structure and funding of Administrative
Staff through the grant.
Upon being recognized, Councilor Gosselin discussed the grant funded positions and
other vacant positions with Director Glenn. She asked if additional funds were expected to
be infused into the department beyond the proposed grant amounts. Director Glenn
explained the funding and staffing availability of the Community Development Department
and described how the specific positions are funded by the Federal Government through the
grants available.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed the favorable
results Director Glenn has been obtaining through his method of Administration of grant
programs and stated that the proposed budget should be supported by the Council Members
as submitted.
Upon being granted the floor, Councilor Parolisi stated that he is a member of
G.L.C.A.C. Boating Program, boxing committee, YMCA, and has participated in other
programs in the past. He stated that these affiliations may require him to abstain from voting
on the matter.
Upon no further discussion, inquiry, or comment on the matter, Council President
Blanchette closed the discussion portion of the proceedings and thanked Director Ezra Glenn,
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Ellen Minzner, and Milagros Grullon [of the Community Development Office] for their
efforts on the proposal submitted and for their work provided in the past.
Upon presenting the motion to approve the proposed FY’08 CDBG Funding plan by
Council President Blanchette to the Council Members, the Council Members voted to
approve the measure as follows: [8-Yes; 0-No; 1 Abstain].
Councilor Joseph Parolisi - Abstain
Councilor Grisel Silva - Yes
Doc. 76/07: Hearing Approved
Doc. 156/06: Building Permit Fee Waiver Program – Municipal Structures – Public
Hearing Held - Approved
Council Members.
Upon being recognized Councilor Silva presented a motion to approve as seconded
by Councilor Alvarez-Rodriguez.
144
Upon a call for discussion on the matter, Councilor Alvarez-Rodriguez explained the
initial purpose of the original ordinance and stated that the City could no longer afford
waiving construction fees because of the current financial condition of the City.
Upon being recognized, Councilor Frechette informed the Council Members that the
existing provisions of the ordinance subject to being deleted provides an option to the City
Council Members to allow them to consider waiving certain building and construction fees
imposed and that a petition to waive fees is not automatically granted because it is filed. He
stated that he believes the ordinance as it exists provides the City Council with necessary
discretion that, if deleted, will be lost. He stated that his doe not favor the proposed deletion
of the waiver provisions being proposed.
By way of information, Council President Blanchette discussed the history of the
existing ordinance and stated that the existing ordinance does not require the City Council to
take action to waive building fees. He stated that he believes the ability of the City Council
to consider waiving building fees should remain an available option.
Upon being recognized Councilor Parolisi spoke in favor of keeping the existing
ordinance without change.
Upon being granted the floor, Councilor Silva stated that the waiver provisions
contained in the current ordinance should be deleted because the typical homeowner does not
have the ability to apply for a similar “fee waiver”.
Upon being granted the floor, Councilor Alvarez-Rodriguez commented that
commitment to “freeze” or “suspend” such measures is necessary because the City Of
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Lawrence cannot continue to support measures that eliminate a source of revenue due to the
current fiscal difficulties the City faces.
Upon being granted the floor, Councilor DiMarca stated that the waiver provisions
present financial incentives to institutions like Lawrence General Hospital to continue to
build new construction in the City of Lawrence. He commented that the waiver provisions
also allow the City to extend benefits that may attract other companies or institutions to
establish themselves in Lawrence. He pointed out that they also allow the City to recognize
the importance and necessity of an organization that may otherwise be providing a benefit to
the Lawrence area. He suggested there are many other areas in City government that could
consolidate or eliminate services that would result in cost effectiveness.
Upon being granted the floor, Councilor Alvarez-Rodriguez expanded her
explanation of her position on the matter by informing the Council Members that it was
never her intention to slight non-profit organizations by proposing elimination of the building
fee waiver provisions of the ordinance. She emphasized that she consistently has supported
non-profit organizations and will continue supporting such organizations in any way
possible.
Upon being granted the floor, Councilor Kolofoles asked City Attorney Charles
Boddy to confirm the specific ordinance sections under consideration for deletion. Attorney
Boddy informed the Council Members that the two subsections being considered are sec.
15.04.020 [Waiver of Building Permit Fees – Municipal Structures] and sec. 15.04.030
[Waiver of Building Permit Fees – Certain Non-Profit uses]. Councilor Kolofoles informed
that Council Members that monies obtained through the assessment of building fees by the
146
City of Lawrence are being returned to the State by implementing the “waiver” provisions of
the ordinance. He explained that building fees and costs charged to any entity, whether “for
profit” or “non-profit”, contracting to build in the City of Lawrence typically include the
building fees assessed into the contracts and proposals submitted and approved through grant
applications where funds are provided through State or Federal grants. He stated that
“waiving” building fees eliminates an indirect source of revenue and financial benefit to the
City of Lawrence. Therefore, the waiver provisions should be deleted from the existing
ordinance. In response to Councilor Frechette’s request to restate his position on the matter,
Councilor Kolofoles reiterated that the current waiver provisions contained in the building
fee ordinance should be deleted so that the City Council does not have the ability to waive a
source or potential revenue to the City of Lawrence.
Upon being granted the floor, Councilor Frechette stated that a waiver could not be
considered by the Council Members without an existing “waiver” provision contained in the
City Ordinance. He stated that was the information provided by the City Attorney prior to
passage of the waiver provisions in the past and that if a means to “waive” building fees were
deleted, then the City Council Members would be unable to waive any such fees for any
reason in the future.
Council President Blanchette informed the Council Members that both sections
15.04.020 and 15.04.030 were being considered for deletion. He clarified that the City
Council’s option to waive building fees are exclusive to sections 15.040.020 and 15.040.030.
Upon being granted the floor, Councilor Gosselin stated that she is confused about the
purpose of deletion. A discussion ensued about the result of the approval of the deletion
147
among the Council Members. Councilor Gosselin stated she supports the deletion of the
ordinance sections as proposed.
In conclusion, Councilor Alvarez-Rodriguez discussed situations in which the
hospitals are not generally saddled with shouldering the loss of “unpaid medical bills” and
explained how these bills do not present a “loss of income” to hospitals since they are often
paid by other sources.
Council President Blanchette called the motion to the attention of the Council Members who
voted to approve the measure as follows: 5-YES; 4-NO; 0 ABSENT:
Councilor Joseph Parolisi - No
Councilor Nunzio DiMarca - No
Council Vice Pres. Gil Frechette - No
Council Pres. Patrick Blanchette - No
Councilor Alvarez-Rodriguez presented a motion to take document #305/2005 out of
the order appearing on the agenda. The motion was seconded by Councilor Gonzalez and
IV: COMMITTEE REPORTS:
Doc. 305/05: Disposition – 71 Merrimack Street - recommendations – Housing
presented the report from the Housing Committee in the form of a motion to approve the
148
disposition city owned property located at 71 Merrimack Street to transfer title of the real
property to Mr. Alberto Nunez. The motion was seconded by Councilor Kolofoles.
Upon being granted the floor, Councilor Frechette asked Councilor AlvarezRodriguez to provide an update of the recommendation of the Real Property Task Force
[hereinafter “RPTF”].
Councilor Alvarez-Rodriguez discussed the process followed in the matter describing
the review conducted by the Housing Subcommittee of the City Council and
recommendation submitted by the RPTF. She stated that the individual being recommended
for award of the real property [Mr. Nunez] was the sole bidder and an abutter.
Upon being granted the floor, Councilor Gosselin discussed the proposed bidder’s
plan to improve and maintain the subject property as referenced in the proposal submitted.
Upon no further discussion, comment, or inquiry, Council President Blanchette called
the motion to presented to the attention of the Council Members present who voted
unanimously [9-0] to approve the disposition of the City owned real property located at 71
Merrimack Street to Mr. Alberto Nunez.
Doc.104/07: Loan Documents for IT Department – review –
Council Pres. Blanchette-Withdrawn
Council President Blanchette introduced the matter and explained that he anticipates
that the issues presented will be presented for independent review to the appropriate State
agency.
149
Upon being recognized, Councilor DiMarca stated that it was his understanding that it
was his understanding that all appropriations have to be approved by the City Council.
Council President Blanchette stated he has been unable to review the matter because
certain information requested from the Mayor have not been forthcoming. He stated that he
believes that he has no other choice but to refer the matter for independent review by the
appropriate agency for the Commonwealth of Massachusetts. Therefore, he asked that the
Council Members consider withdrawing the measure from the City Council Agenda at this
time.
Upon being granted the floor, Councilor Frechette asked the Council Members to
remember the amount of money contained in the lease/purchase package when the FY’08
budget is submitted for review.
Upon being recognized Councilor Kolofoles stated that this matter should be
reviewed.
Councilor Gosselin agreed that further inquiry into this matter should take place.
In conclusion, Council President Blanchette discussed the 2 million dollar Capital
Improvement Plan approved for the IT Department.
Upon being recognized, Councilor DiMarca questions what happened to the 4.5
million dollars for the Holy Rosary project.
Upon no further comment, discussion, or inquiry by the Council Members present,
Councilor Parolisi presented a motion to withdraw the measure which was seconded by
Councilor Kolofoles and unanimously approved by the Council Members present [9-0].
Doc.104/07: Withdrawn
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105/07
Appointment - Lawrence Municipal Airport Commission – James A. LaTorre – reappointment – Mayor Sullivan – Ref to Personnel
106/07
Appointment - Comptroller - David Camasso – recommendations – Frank Bonet,
Personnel Director – Ref. to Personnel
Doc.107/07: Legal Pending Litigation and Claims against the Police Dept. and the City
– Counc. Silva – Tabled
At the invitation of Council President Blanchette, Councilor Silva introduced the
measure and explained the purpose and necessity for placing it on the City Council Agenda.
Councilor Silva proceeded by asking City Attorney Charles Boddy to advise the City Council
Members as to the best way to proceed in this matter since it may concern sensitive matters.
Attorney Boddy discussed various reasons for presenting the matter initially in a public
forum and stated that executive session may be necessary at some point particularly if the
records and information to be discussed concerned matters of current and on-going litigation
or terms or conduct in employment of certain individuals or other persons who may not
otherwise be “public individuals”.
As a point of information, Councilor DiMarca stated that the American Civil
Liberties Union [hereinafter “ACLU”] is expected to be present at a meeting scheduled for
tomorrow evening in the City of Lawrence being conducted to discuss possible Civil Rights
Violations alleged to have been committed by members of the Lawrence Police Department.
A discussion ensued between Councilor Silva and Council President Blanchette
regarding the procedural posture and process of the item presented.
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At the request of Council President Blanchette, City Attorney Boddy advised the
Council Members to proceed cautiously and suggested that is a discussion about Police Chief
John Romero, a City Employee, is to be conducted, then the employee should be provided an
opportunity to be present during any discussions held.
Council President Blanchette suggested that the matter may have to be addressed in
executive session and that the scope of the intended discussion should be determined prior to
any such meeting.
Upon being granted the floor, Councilor Alvarez-Rodriguez agreed that the “scope”
needs to be better defined before any meaningful discussion can take place. She stated that
she would like to clarify the issue or issues to be presented at any meeting or workshop to be
attended by the ALCU.
Council President Blanchette suggested that Councilor Silva review the specific items
to be identified with the City Attorney in order to narrow the scope of discussion and to
determine the process or procedure to be followed.
Upon being granted the floor, Councilor Kolofoles asked if the “scope” would
include other matters and allegations presented to the Council Members.
In conclusion, Councilor Silva stated that City Attorney Boddy was asked to review
pending cases and expenses and that a discussion about statistical data does not require the
Council to convene to executive session. She stated that the details about any particular case
certainly should be reserved and addressed in executive session.
Councilor Silva presented a motion to table the measure to allow the “scope” of
inquiry to be defined and to allow the City Attorney the ability to advise whether or not
152
executive session will be necessary or required. She stated that any further proceedings
should be held with notice to the Personnel Department, The Police Department, and the
City Attorney’s Office in advance of such hearings.
Upon being recognized, Councilor Frechette stated that notice to Departments take
place within 5 calendar work days in accord with the City Charter provisions.
Upon being recognized, Councilor Alvarez-Rodriguez seconded the motion and the
Council Member present voted unanimously [9-0] to table the measure.
Doc.107/07: Tabled
Doc. 111/07: Department of Public Works – Frank McCann, Director – vote of
reinstatement/vote of confidence – Council President Blanchette – Letters
Council President Blanchette introduced the item and stated that he has received none
of the information requested from the Mayor by correspondence sent on behalf of the City
Council by the City Clerk on March 1, 2007. He expressed his concern that Mr. McCann’s
suspension from his position may continue indefinitely and without referral to the City
Council for required review unless the Mayor is sent further written notice to insist upon a
recommendation that the City Council proceed with termination hearings or that Mr.
McCann otherwise be reinstated to his prior position as Director of the Department of Public
Works.
Upon being granted the floor, Councilor DiMarca commented that it is important to
have an individual with Mr.. McCann’s experience as DPW Director particularly during
times of poor and severe weather. He stated that he was in agreement with Council President
Blanchette and he also believes that some action by the City Council Members is necessary
under the present circumstances.
153
Upon being granted the floor, Councilor Alvarez-Rodriguez presented a motion to
have correspondence prepared and sent on behalf of the City Council Members to the Mayor
that firmly expresses the position that the Mayor either recommend Mr. McCann’s formal
termination or that he be reinstated to his position as DPW Director. The motion was
seconded by Councilor DiMarca.
Upon resuming discussions, Councilor Silva stated that she would like to see all
existing documentation on the matter before voting to authorize any action by the City
Council Members.
Upon being recognized, Councilor Alvarez-Rodriguez stated that she believed the
matter must be resolved with official information from the Mayor’s Office.
Upon being granted the floor, Councilor Gosselin stated that there is no process in
place that addresses this particular situation which makes it difficult to determine the best
way to proceed. She stated that she also believes it is important to have someone with Mr.
McCann’s knowledge and experience as Director of the DPW.
Upon being recognized Councilor Gonzalez stated that he may not be ready to vote
on the matter at the present time.
Being granted the floor, Councilor Parolisi agreed that a resolution to the Mayor
expressing the position of the City Council Members may be necessary and that he would
support such a measure. He also stated that he hoped that this matter would not stall other
necessary pending appointments.
Upon being granted the floor, Councilor Kolofoles stated that he is certain that the
City Charter authorizes the City Council to conduct proceedings after the Mayor
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recommends termination. However, he stated that he is unaware of the existence of any
Charter provision that requires the Chief Executive Officer to forward any recommendation
within any time frame.
Upon being granted the floor, Councilor Frechette asked Mr. Mark Vogler, reporter
for the Eagle-Tribune newspaper, if he has obtained a copy of the Inspector General’s report
of investigation concerning Mr. McCann that has been referenced in recent newspaper
articles. Mr. Vogler responded by informing the Council Members that he obtained a copy
of the report since it is a public record. Councilor Frechette stated that it is disconcerting that
the Mayor has provided a copy of the Inspector General’s report to the Eagle-Tribune and
has yet to provide a copy of the City Council Members.
Upon being recognized, Councilor Alvarez-Rodriguez stated that she wished to make
it clear to the Council Members that a vote taken this evening on this matter is not a vote in
favor or against Mr. McCann but is an affirmation of the City Council’s authority to proceed.
City Council Members voted in favor of sending communication to Mayor Sullivan on its
behalf and that the communication request the Mayor to either recommend termination of
Director McCann be forwarded to the City Council for further proceedings or that Director
McCann be reinstated to his position as DPW Director. The City Council Members voted on
this matter as follows: 7-YES; 2-NO; 0 ABSENT:
Councilor Jorge Gonzalez - No
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Council Pres. Patrick Blanchette – Yes
Councilor Frechette asked Mr. Thomas Duggan, editor and owner of The Valley
Patriot newspaper, if he has received a copy of the Inspector General’s report. Mr. Duggan
stated that he has a copy of the report. Councilor Frechette then presented a motion to send
a letter to the Eagle-Tribune and The Valley Patriot publications to provide the City Council
with a copy of the Inspector General’s report of investigation concerning Director McCann.
The motion was seconded by Councilor Gosselin. Councilor Frechette discussed reasons for
requesting a copy of the report from the Inspector General. Upon consideration, the Council
Members voted unanimously [9-0] in favor of the motion presented.
Doc. 111/07: Correspondence Approved
VI. APPROPRIATIONS-ORDERS-RESOLUTION: - None
Doc. 8/07: Essex Street – return to be two-way traffic – Ord. Comm. –
report from the Ordinance Committee in the form of a motion to order a public hearing on
the matter. The motion was seconded by Councilor Gosselin and unanimously approved for
a public hearing Council Members present [9-0]
Doc. 69/07: Teleport Communications Boston – permission to place cables and conduits
on Beacon Street, Beacon Avenue and Andover Street – Ord. Comm. - Public Hearing
Ordered
156
At the request of Council President Blanchette, Councilor Kolofoles presented the report
from the Ordinance Committee in the form of a motion to order a public hearing on the
matter. The motion was seconded by Councilor Frechette and unanimously approved for a
public hearing Council Members present [9-0]
Doc. 66/07: Wholesale Junk License – 15 Medford Street – Ord. Committee –
Approved
report of the Ordinance Committee to approve the measure presented. The report was
presented in the form of a motion, seconded by Councilor Frechette and unanimously
Doc. 374/06: Polling Locations – to be changed – Ord. Committee – Approved
report from the Ordinance Committed in the form of a motion to approve the measure
presented which was seconded by Councilor Frechette and unanimously approved by the
Doc. 134/06: Real Property Task Force – elimination – Housing Comm. – Approved &
Letter to Mayor, Planning Dept. & R.P.T.F. Members
presented the report from the Housing Committee in the form of a motion to terminate the
157
Real Property Task Force [hereinafter “RPTF”]. The motion was seconded by Councilor
Kolofoles.
Upon discussion by the Council Members present, Councilor Parolisi stated that he
didn’t believe the Real Property Task Force needed to be eliminated because the process
allows for the final authority in any real property evaluation and award is reserved to the City
Council.
Upon being recognized, Councilor Alvarez-Rodriguez discussed the process followed
by the RPTF and discussed what can be expected by eliminating the RPTF. A discussion
amount the Council Members ensued regarding the method and process followed by the
RPTF for the evaluation and recommendation of real property disposition.
Upon being granted the floor, Councilor DiMarca stated that he supports elimination
of the RPTF.
Upon being granted the floor, Councilor Silva stated that she believes that none of the
RPTF members actually preside over the matters concerning the disposition determination of
the Requests For Proposals.
Upon being granted the floor, Councilor Frechette asked if any of the Council
Members could provide him with an up-date regarding this matter with particular reference
on how the RPTF was established. A discussion ensued among the Council Memebers
ensued regarding the history of the RPTF.
Upon being recognized, Councilor Kolofoles discussed the prior proceedings of the
RPTF and stated that he supports elimination of the body.
158
[10:00 PM: Councilor Parolisi presented a motion to conduct
Council business past 10:00 p.m. pursuant to City Council Rule 2 which was seconded
by Councilor Alvarez-Rodriguez and unanimously
approved by the Council Members present (9-0)].
Upon vote of the Council Members present, the measure was unanimously approved by the
Council Members present [9-0]. Upon approval of the measure, Council President
Blanchette requested that notification of the action of the City Council on this matter be sent
to each of the members of the RPTF and the Mayor by written correspondence.
Doc.83/07: Personnel Records for all City Employees to be kept in Personnel Dept. Personnel Committee – Defeated
from the Personnel Committed and reported that the subcommittee voted to forward the
matter to the attention of the Full Council. Councilor Silva presented a motion to accept the
report of the Personnel Committee which was seconded by Councilor Frechette and
unanimously [9-0] accepted upon by the Council Members present [9-0]. Councilor Silva
then presented a motion for consideration by the Council Members that would require the
Personnel Department for the City of Lawrence to keep and maintain any and all personnel
records of City Employees. Councilor Silva explained that the Personnel Office keeps all
records of City Employees except the Police Department.
159
Council President Blanchette sated that it was his understanding that the Personnel
Office is already authorized to maintain all personnel records and questioned the necessity of
a vote of the City Council on the matter.
Councilor Silva stated that the Personnel Office is required by Charter to keep all
personnel records.
Upon being recognized, Councilor DiMarca seconded the motion as presented.
Upon further discussion, Councilor Parolisi read a copy of a recent letter from the
City Attorney regarding this matter which he read into the record. Councilor Parolisi stated
that the contents of the letter were not accurate and stated that he has never commented that
employee records were subject to a collective bargaining agreement. He also informed the
Council Members that the City Council may be overstepping the bounds of its authority since
both the Police Department and Personnel Department are within the supervision of the
Mayor’s Office.
Councilor Silva suggested that the issue is a matter of providing “checks and
balances” and stated that she believes the City Council has the authority to enforce the City
Charter provision regarding this matter.
Council President Blanchette stated that if the matter needed to be addressed that
Personnel Director Frank Bonet should request that the Mayor have the Police Department
deliver its personnel records to the Personnel Office.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated there may be
issues concerning confidentiality which present issues particular to individual officers and
possibly others.
160
Councilor Silva responded by stating that access to information by any Council
Members is limited under the present manner of record keeping and that is may be necessary
to access information contained in personnel files by all Council Members.
A discussion ensued among the Council Members concerning issues confidentiality of
personnel records.
Upon being recognized, Councilor DiMarca informed the Council Members that he
believes the Lawrence Police Department is still a Department within the City of Lawrence.
Further discussion between Councilor Alvarez-Rodriguez and Councilor Frechette
regarding the confidentiality of personnel records and the applicability of other statutes
ensued.
Upon being granted the floor, Councilor Kolofoles presented a motion to table the
measure which was seconded by Councilor Alvarez-Rodriguez and defeated by vote of the
Council Members present as follows: 2 = YES; 7 = NO; 0 = ABSTAIN; 0= ABSENT:
Councilor Marie Gosselin – No
Councilor Joseph Parolisi - No
Council Pres. Patrick Blanchette – No
Councilor Silva then requested the Chair call her motion to approve the measure
previously presented which was put to the Council Members and defeated as follows:
3-YES; 5-NO; 1-ABSTAIN:
161
Councilor Alvarez-Rodriguez - Abstain
Doc.90/07: Veteran’s Services – Flags – prior year bills FY’06 – Budget and Finance
report from the Budget & Finance Committee in the form of a motion to approve the measure
which was seconded by Councilor Frechette.
Upon being recognized, Councilor Frechette stated that he believed the expense
incurred were previously budgeted and should be approved for payment.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that she thought
the Commonwealth had authorized reimbursement of the monies expended for the flags.
Upon being recognized, Councilor Kolofoles discussed the authorized
reimbursements.
Council President Blanchette called the motion and the Council Members present, voted
unanimously [9-0] to approve the item presented.
Doc.90/07: Approved
VIII. WITHDRAWALS:
162
Council President Blanchette granted Councilor Alvarez-Rodriguez the floor for the
purpose of presenting matters for withdrawal of matters pending before the Housing
Committee.
Councilor Alvarez-Rodriguez presented a motion to have all of the individual matters
addressed in “block” form for withdrawal from the Council agenda. The motion was
seconded by Councilor Parolisi and Council Members present voted unanimously
[9-0] to withdraw the following matters from the City Council Agenda:
102/04
60/07
87/07
Hall Street (2-10) – conditions of development – Housing Comm.withdrawn
City Owned Vacant Lots - Housing Comm.- withdrawn
Vacant Positions, Temp., Acting - Pers. Comm.-withdrawn
65/07: Purchasing Procedures – Ord. Comm.-withdrawn
report of the Ordinance Committee for withdrawal from the City Council Agenda in the form
of a motion to withdraw. The motion was seconded by Councilor Parolisi and was
unanimously approved by vote of the Council Members present 9-0].
65/07: Withdrawn
Doc. 87/07: Vacant Positions, Temp., Acting - Pers. Committee – Withdrawn
of the Personnel Committee for withdrawal from the City Council Agenda in the form of a
motion to withdraw. . The motion was seconded by Councilor Parolisi and was
unanimously approved by vote of the Council Members present 9-0].
IX. OLD BUSINESS: None
163
X. TABLED MATTERS:
60/06
215/06
128/06
257/06
367/06
43/07
46/07
34/07
42/07
14/07
Temporary Appointments – proposed amendments to Section 2.04.081 of the Muni. Code
XI. NEW BUSINESS:
98/07
99/07
100/07
101/07
102/07
103/07
108/07
109/07
110/07
El Cesar Restaurant and Bar – request permission to place chairs and tables on the
Sidewalk in front of their establishment – Cesar Vargas, Owner-Ref to Ord.
Pawnbrokers License – 92 Broadway Street – Jon Wolf-Ref to Ord.
Cosecha Borincana – request permission to present the first Annual Cosecha Borincana
And Stylin’ Graphics Car Show on June 2, 2007 at Pemberton Park– Domingo Melendez,
President - Ref. to Ord.
National Grid and Verizon New England, Inc. – request permission to locate poles, wires
and fixtures – Chickering Street – Ref. to Ord.
and fixtures – Railroad Street – Ref. to Ord.
Recreation Department – Annual Carnival – Campagnone Common – 5/9-5/13/07 –
Linda Schiavone, Director – Ref. to Ord.
Police Department – a complete Actual Report on the General Fund FY05-06, FY 06-07Councilor Silva – Ref. to Budget & Finance
Lawrence Library Director – request permission to continue her two capacities as Library
Director and Cultural Council Chair–Maureen Nimmo, Lawrence Public Library Director
– Ref. to Ord.
Zoning Ordinances – proposed revision – creation of Open Space Conservation (OSC)
District and designation of Den Rock Park as such a Zoning District – Daniel McCarthy,
Land Use Planner – Ref. to Ord.
XII. ADJOURNMENT:
164
ADJOURNED
(10:35p.m.)
Attest:
William J. Maloney
City Clerk
165
DATE: Tuesday, May 1, 2007
A REGULAR MEETING of the City Council was held on Tuesday, May 1, 2007
Approximately Twenty [20] persons were present.
Council President Blanchette informed the Council Members that the minutes of City
Council Meetings conducted April 17, 2007 were submitted by the City Clerk for
consideration and approval of the City Council Members.
Upon being recognized, Councilor DiMarca informed the Council Members that the
minutes incorrectly state that the anticipated costs of the Holy Rosary project as “4 million
dollars” and it should be “4.5 million dollars” [see page 149 of the City Council Minutes of
4-17-07]. Upon a motion to approve the minutes with the correction cited by Councilor
DiMarca presented by Councilor Parolisi as seconded by Councilor Kolofoles, the Council
Members present voted unanimously [9-0] to accept the minutes of April 17, 2007.
166
[Tuesday, May 1, 2007]
Domingo Melendez, 26 Leslie Street, Lawrence, MA thanked Rumbo for its article
regarding city clean-up efforts by Lawrence/Methuen coalition. He stressed the importance
of a unified city approach and also stated that the assistance of City residents was
extraordinary.
Mark Grey, 159 Carlton Street, Lawrence, MA spoke of police abuse of process and
lack of proper police action. He asked for volunteers to stand up against police brutality.
III. COMMITTEE REPORTS:
Councilor Kolofoles presented a motion to take document #105/07 out of the order
appearing on the agenda. The motion was seconded by Councilor Gonzalez and approved by
vote of the Council Members present as follows : YES = 7; NO = 2;
Doc. 105/07: Appointment – Lawrence Municipal Airport Commission – James A.
LaTorre – re-appointment – Personnel Comm. – Approved
from the Personnel Committed in the form of a motion to appoint James A. LaTorre to the
Lawrence Municipal Airport Commission. The motion was seconded by Councilor DiMarca
and unanimously approved [9-0] by the Council Member present.
167
Doc. 8/07: Essex Street – return to be two-way traffic -Hearing held - Approved
Council Members.
Julia Silveria, former Lawrence City Council Member and business owner in the City
of Lawrence with offices on Essex Street, stated that as a business owner with a business
office on Essex Street that she has no position on the proposed traffic ordinance. She stated
further that the proposal to change Essex Street from its current “one way” to a “two way”
traffic way will allow motorists to be able to drive toward the Gateway Project rather than to
be driving away from it. She stated that a two way configuration may improve access to
businesses on Essex Street as well.
Bill Collins, 1 Platt Court, Lawrence, MA stated that there is no compelling reason or
necessity to complete the proposed project. He stated that funds allocated for this project
would be better applied to other matters which require more immediate attention. He cited
the lack of parking at the new Lawrence High School, repairs to the Duct Bridge, repairs to
the Central Bridge, street repair and improvement, and the reconstruction of Holy Rosary
building as more deserving projects. He stated that he believes the project will become a
“pork barrel” item for a favored vendor of the Administration.
168
Upon being recognized, Councilor Kolofoles presented a motion to approve the item
which was seconded by Councilor Silva.
At the request of Council President Blanchette, Chief Economic Director Thomas
Schiavone presented himself to answer questions that the Council Members may pose
regarding this matter.
In response to inquiry by Council President Blanchette, Director Schiavone informed
the Council Members that the grant is funded for approximately $750,000.00. He provided
information concerning other provisions for snow removal and particular matters relating to
anticipated traffic patterns that would result after the project is completed.
At the request of Director Schiavone, Mr. James D’Angelo [associated with the
design review of the project] provided the Council Members with additional information
concerning a design study conducted by his firm with particular emphasis on the construction
logistics that will be faced to change the roadway from one-way to a
two-way street. A discussion between Council President Blanchette and Mr. D’Angelo
ensued regarding the impact the project will have on other streets surrounding and
contiguous to Essex Street.
Upon being granted the floor, Councilor Frechette asked Mr. D’Angelo about the plan to
create two westbound lanes and one eastbound lane from the existing roadway. At the
request of Councilor Frechette, Police Chief John Romero stated that it is his opinion that
169
police and fire department access to Essex Street and other streets connected to Essex Street
will be improved as a result of the project. Chief Romero stated that changing Essex Street
to a two-way street will allow the police and fire vehicles to improved access to provide
safety services. He explained that the Lawrence Police Department anticipates greater traffic
control and parking enforcement will be necessary after the project is complete and that his
department is ready and able to provide these services. Chief Romero stated that additional
patrols are being planned and will be implemented. He stated the current “one-way” traffic
has proven to be dangerous and unsafe and cited statistical information regarding the loss of
life occurring over the years.
In response to questions posed by Councilor Alvarez-Rodriguez, Director. Schiavone
stated that this project is not being pursued at the expense of other deserving or necessary
projects as is being portrayed by some individuals who oppose the project. He explained that
the Essex Street project has always been in the forefront of Capital Improvement Projects and
the resulting grant funding presented for approval by the City Council is a result of many
years of planning. Councilor Alvarez-Rodriguez requested Director Schiavone to provide
her with information concerning this and other “on-going” projects so that she can make the
information publicly available. A discussion ensued between Councilor Alvarez-Rodriguez
and Director Schiavone regarding the application and source of the grant funding for the
project. Ellen Minzner of the Community Development Office provided additional
information concerning the manner of application and resulting approval of the grant. Ms.
170
Minzner explained that the grant requirements focused particularly on inner city
improvement projects such as Lawrence and that one of the expected benefits of the project
would be to create economic stimulus in the Downtown section of Lawrence along Essex
Street. Director Schiavone provided the Council Members with information concerning the
expected time-table projecting the anticipated benefits of the project.
Chief Romero provided additional information about traffic control operations
currently in place on Common and Essex Streets.
Mr. D’Angelo explained and discussed construction work that will have to take place
to expand the width of the roadway at locations where the prior walkways were expanded to
accommodate a “one way” street if the project were approved.
Director Schiavone stated that the city would retain direct oversight and control of all
traffic controls and parking regulations during the construction.
Upon being granted the floor, Councilor Parolisi stated that he believes the people
and businesses affected most by this project favor the project as reflected by their attendance
and input at the recent public forums held. He stated that the plan to return Essex Street to
it’s previous “two way” traffic format is a necessity primarily as a public safety matter. He
stated that the new configuration will result in slowing traffic traveling on Essex Street and
that the safety benefit alone is sufficient reason to approve the measure. He also stated that
the ultimate benefit to the businesses along Essex Street are expected and will likely result.
Upon being granted the floor, Councilor Gosselin asked Director Schiavone why the
public meeting recently held was not recorded or taped. Director Schiavone stated that the
meeting was “public discussion” and not a “public hearing” and was not recorded. He stated
171
that he believes the public discussion should have been recorded because of the tremendous
public input and support expressed which could have served as a favorable way of presenting
the project to the City Council and others. Councilor Gosselin stated that she hopes the
project is successful.
Upon being recognized, Councilor DiMarca discussed the history of Essex Street and
remembering the days when it was originally a “two-way” street and the change to a “one
way” street in the early 1980’s. Councilor DiMarca discussed the anticipated repair projects
slated for the bridges in Lawrence with Director Schiavone and indicated that these projects
should also be implemented to assure they remain safe.
Upon inquiry by Councilor Kolofoles, Director Schiavone stated that although many
members of the business community attended the public forum, he is aware that many others
were unable to attend for a variety of reasons and that he hoped to be able to provide as much
information as possible to everyone that may be interested or concerned with the project. A
discussion between Councilor Kolofoles and Director Schiavone ensued regarding the project
funding. Director Schiavone explained that although the initial funding is in the amount of
$750,000.00, the final cost is expected to be approximately one million dollars which has
been budgeted and approved. He stated that the grant approval presupposes possible cost
overruns and expenses.
Councilor Kolofoles discussed generally issues concerning traffic and parking
problems that persist throughout the City of Lawrence. He stated that be believes traffic
control is non-existent in Lawrence and that a “traffic control division” of the Lawrence
Police Department may be necessary. At the request of Councilor Kolofoles, Police Chief
172
Romero explained that each police officer is responsible for traffic control as part of the
Community Policing concept. Chief Romero stated that all Police Officers are responsible to
use their efforts for traffic control as part of their duties. Councilor Kolofoles concluded that
there may be problems implementing the measure.
In conclusion, Council President Blanchette informed the Council Members that on
May 1, 2007, City Attorney Boddy issued an amended memo regarding the sections of the
Revised City Ordinances that will be affected which remove one of the items from the listed
streets. He informed the Council Members their consideration on the matter concern the
specific ordinance provisions cited by the City Attorney in the memo of May 1, 2007 a copy
of which was provided to each Council Member prior to the meeting.
Upon no further discussion, comment or inquiry Council President Blanchette called
the motion for the approval of the item to the attention of the Council Members present who
voted unanimously [9-0] to approve the measure presented to adopt the recommended City
Ordinance provisions as stated in the memo of City Attorney Boddy dated May 1, 2007.
Doc. 8/07: Approved
Doc. 69/07: Teleport Communications Boston – permission to place cables and conduits
on Beacon Street, Beacon Avenue and Andover Street – Hearing held -Approved
Council Members.
173
Joseph Resta, on behalf of Teleport Communications Boston/AT&T [the petitioner]
described and explained the proposed work subject to the petition.
Council President Blanchette asked if there were other members of the public to be
heard on the matter.
Upon being recognized, Councilor Frechette presented a motion to approve the
measure which was seconded by Councilor Parolisi.
At the request of Councilor Frechette, Mr. Resta discussed the extent of the
construction and the anticipated time frame for completion.
Upon being granted the floor, Councilor Kolofoles asked Mr. Resta if the petition was
prepared to replace any existing sidewalks that may be removed or destroyed during
excavation. Mr. Resta stated that his company would be responsible for such repairs if the
petition were granted. Councilor Frechette [District E Councilor] described the current
condition of the sidewalks as a point of information.
Council President Blanchette called the motion to the attention of the Council Members and
the Council Members present who voted unanimously [9-0] to approve the petition
presented.
V: COMMUICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY:
174
Doc. 111/07: Department of Public Works - Frank McCann, Director – re-instatement
– third letter- Council President Blanchette – Approved
Council President Blanchette introduced the measure and opened the matter for
discussion.
Upon being granted the floor, Councilor Frechette presented a motion to send a third
letter of communication from the City Council Members to Mayor Sullivan to insist upon the
reinstatement of Frank McCann as the Director of Public Works. The motion was seconded
by Councilor Parolisi.
Upon being recognized, Councilor Alvarez-Rodriguez asked if there has been any
information or report received to date. Council President Blanchette stated that there has
been no response from Mayor Sullivan.
Upon being recognized, Councilor Frechette informed the Council Members that the
Inspector General has issued a report of its findings which he believes is “public record”.
Upon being granted the floor, Councilor DiMarca stated that it is unfortunate and
unfair to deprive Lawrencians the benefit of thirty-five years of experience that Mr. McCann
retains as a result of his extensive employment with the City of Lawrence.
In conclusion Council President Blanchette stated that he believes that the Council
Members should continue to respond as a “governmental body” on the matter in order to
fulfill is duty under the City Charter. He stated further that a report of the action of the
Mayor concerning matters of personnel should be reported timely to the City Council in
order to allow the City Council Members to exercise its independent authority as a legislative
body in particular with regard to the termination or suspension of Mr. McCann as the
Director of Public Works. He stated that even though the course chosen by the Mayor in this
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matter doesn’t follow the typical “termination” course outlined by the City Charter, the
Mayor should make a decision to either recommend termination of Director McCann or
reinstate him to his position as Director of Public Works. In either case, the City Council
Members must be apprized of the reasons and cause for any course of action the Mayor may
take regarding this matter and should be provided with information that is relied upon to
initiate suspension and possible termination proceedings. Council President Blanchette
expressed dissatisfaction with the lack of any response to City Council repeated requests for
information sent to the Mayor through the City Clerk’s Office on March 1, 2007 and April
18, 2007. He stated that further communication concerning the position of the City Council
is necessary to continue the reasonable and lawful pursuit of this matter as a co-equal branch
of City Government.
the Council Members present voted to send a third letter of communication to Mayor
Sullivan regarding the termination or reinstatement of Director McCann as follows. YES =
7; NO =2;
Councilor Gonzalez - No
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Council Members as appearing on the Agenda and referred the item(s) as indicated:
Doc. 145/07: Appointment – Commissioner of Inspectional Services – position -Myles
Burke – Mayor Sullivan-Ref. to Personnel
Council Members as appearing on the Agenda which and referred the item(s) as indicated:
Doc. 112/07: Appropriation Transfer - $1,500.00 from Lease Payments to Office
Supplies $500.00 and to Printing and Mailing $1,000.00 – William J. Maloney, City
Clerk – Ref. to Budget & Finance
Doc. 101/07: National Grid and Verizon New England, Inc. –
permission to locate poles, wires and fixtures on Chickering Street –
Ord. Comm. – Public Hearing Ordered
report from the Ordinance Committee to order a public hearing in the form of a motion. The
motion was seconded by Councilor Gosselin and unanimously [9-0] voted upon by Council
Members present.
Doc. 102/07: National Grid and Verizon New England, Inc. – permission to locate
poles, wires and fixtures on Railroad Street – Ord. Comm.-Public Hearing Ordered
report from the Ordinance Committee to order a public hearing in the form of a motion. The
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motion was seconded by Councilor Parolisi and unanimously [9-0] voted upon by Council
Members present.
Doc. 91/07: Old Gold Dealer License – Belkis Oslan – 442 Essex Street – renewal –
report from the Ordinance Committee to approve the measure presented. The report was
presented in the form of a motion for approval, seconded by Councilor Frechette and
Doc. 99/07: Pawnbrokers License – Jon Wolf – 92 Broadway Street – Ordinance
report from the Ordinance Committee to approve the measure. The report was presented in
the form of a motion for approval, seconded by Councilor Parolisi and unanimously
Doc. 100/07: Cosecha Borincana – Car Show on June 2, 2007 at Pemberton Park –
the form of a motion for approval, seconded by Councilor Alvarez-Rodriguez and
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Doc. 103/07: Recreation Department – Annual Carnival on Campagnone Common–
5/9-5/13/07- Ordinance Committee – Approved
the form of a motion to approve the item, seconded by Councilor Parolisi and unanimously
Doc.109/07: Lawrence Library Director and Cultural Chair – Mrs. Maureen NimmoOrdinance Committee – Approved
the form of a motion to approve, seconded by Councilor Frechette and unanimously
Doc. 106/07: Appointment – Comptroller – David Camasso – recommendations –
Personnel Committee – Approved
from the Personnel Committed in the form of a motion to approve the appointment of David
Camasso as City Comptroller. The motion was seconded by Councilor Alvarez-Rodriguez.
Upon being granted the floor, Councilor Alvarez-Rodriguez posed several question to
Mr. Camasso and discussed measures that be plans to implement concerning budget matters
that may require the attention of the Comptroller’s Office. At the request of Councilor
Alvarez-Rodriguez, Mr. Camasso described his educational background and cited his 25
years as an accounting analyst and stated that he believes his education and experience
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implementing financial systems in the private sector will benefit the City of Lawrence if he is
appointed to the position of City Comptroller. He informed the Council Members that he is
presently assisting with City Budget preparations for the third year and that this experience
has allowed him to obtain in depth knowledge of the financial operations of individual City
Departments. In conclusion, Councilor Alvarez-Rodriguez stated that she believes Mr.
Camasso is a qualified professional who is meticulous and addresses financial details very
well. She stated that for these and many other reasons she supports his application for the
position of City Comptroller.
Upon being granted the floor, Councilor Kolofoles stated that he supports Mr.
Camasso application for the available position at this time due to his professionalism and
availability to the city department heads during past budget preparation meetings.
Upon being recognized, Councilor Frechette stated he knows Mr. Camasso through
his work in the neighborhoods and through his many years as a member of the Lawrence
Historic Commission. He stated that he supports Mr. Camasso’s application as City
Comptroller.
Council President Blanchette called the motion to the attention of the Council Members to
approve the appointment of David Camasso to the Comptroller’s Position. Upon vote of the
Council Members present, the measure was approved unanimously
[9-0].
VIII. WITHDRAWALS:
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Committee. Councilor Kolofoles moved to present the matters listed below in “block” form
for withdrawal from the Council agenda. The motion was seconded by Councilor AlvarezRodriguez and unanimously approved by the Council Members present [9-0].
Upon the report of Councilor Kolofoles, the Council Members present voted
unanimously [9-0] to withdraw the following matters from the City Council Agenda:
170/05 Malden Mills Industries – Ord. Comm. - Withdrawn
72/06 Fire Watch – Ord. Comm. - Withdrawn
145/06 Parking – Common Street – amendments from Jackson to Union – Ord. Comm.withdrawn
276/06 News Racks – placement and maintenance – Ord. Comm.-Withdrawn
279/06 Canal Street and Lawrence Street – two-way traffic – Ord. Comm.-Withdrawn
343/06 Voting Locations – consolidation – Prospect Hill – Ord. Comm.-Withdrawn
31/07 City Ordinance – review/amend – Section 2.80.010 – Ord. Comm.-Withdrawn
49/07 Helmet Ordinance for sledders – Ord. Comm.-Withdrawn
54/07 City Auditor – position – Ord. Comm.-Withdrawn
59/07 Prospect Street and General Street – “Trucks Exit Here” – Ord. Comm.-Withdrawn
IX. OLD BUSINESS:
Council President Blanchette brought the matter listed below to the attention of the
Council Members present and referred the measure to the Council Subcommittee as
indicated:
Doc. 309/05: Surplus Declaration – 128 Newbury Street – Ref. to Housing
X. TABLED MATTERS:
Doc. 34/07: Arlington Mills Smart Growth District – Ref. to Ordinance
Councilor Kolofoles presented a motion to remove the item from the table which was
seconded by Councilor Gonzalez and removed from the “table” upon vote of the Council
Members present as follows: [6-3]. 6-Yes; 3-Absent
181
Councilor Kolofoles – Absent
Upon being recognized Councilor Kolofoles presented a motion to refer the measure
to the Ordinance Committee.
As a point of order, Councilor Frechette stated that it is his understanding that any
measure presented to the Council Members cannot be subject to referral by vote. Council
President Blanchette informed the Council Members that Council Vice President Frechette is
correct and rejected the motion presented by Councilor Kolofoles.
Councilor Kolofoles proceeded to discuss the procedural history of the measure and
stated that he believes that failing to refer the measure to a subcommittee of the City Council
would be in violation of the requirement provided by the City Charter and that he seeks only
to abide by the provision that every measure presented to the City Council be referred to an
appropriate subcommittee.
Upon being granted the floor, Councilor Frechette presented a motion to table the
measure which was seconded by Councilor Parolisi and defeated [3-6] by the vote of the
Council Members present as follows: 3-Yes; 6-No
Councilor Alvarez-Rodriguez - No
182
Further discussion among the Council Members present ensued regarding the
procedural requirements of measures presented to the City Council.
Upon no further comment or discussion by the Council Members present, Council
President Blanchette referred the measure to the Ordinance Committee.
Doc. 34/07: Ref. to Ord.
Upon being recognized, Councilor Gosselin presented a motion to remove
Doc. #43/07 from the table which was seconded by Councilor Kolofoles and unanimously [90] approved by the Council Members present.
Doc. 43/07: Resolution-Jessica Mercado-Greater Lawrence Technical School-studentCounc.Gosselin – Withdrawn
Councilor Gosselin presented a motion t0 withdraw the item from the Council
Agenda which was seconded by Councilor Alvarez-Rodriguez and unanimously approved [90] by the Council Members present.
Councilor Silva presented a motion to remove Doc. #107/07 from the table which was
seconded by Councilor Gonzalez and unanimously [9-0] approved by the Council Members
present.
Doc. 107/07: Legal Pending Litigation and Claims against the Police Dept. and
the City – Councilor Silva – Tabled
Upon being recognized, Councilor Silva recapped the procedural history of the
measure. Council President Blanchette stated that he believed that Councilor Silva was going
183
to discuss the issues regarding this item with City Attorney Charles Boddy in order to narrow
the issues and determine the best way to proceed. Councilor Silva stated that she had not yet
completed her discussions with Attorney Boddy concerning specific matters and issue and
indicated that additional time was necessary to narrow the issues presented.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that she would like
to move forward on this matter for the sake of the community. Discussion ensued between
Council President Blanchette and Councilor Silva regarding the anticipated process.
Upon being granted the floor, Councilor Parolisi indicated that Attorney Boddy is
present and asked if the matter should proceed. Attorney Boddy stated that any discussion
that may take place concerning any pending litigation should be discussed in executive
session only and that Attorney Bowers is prepared to do so if the Council wishes to proceed
at the present time.
Council President Blanchette explained that other departments may be necessary to
completely discuss issues that may arise as a result of discussions particularly with issues that
may involve individual personnel and personnel records.
Upon being recognized, Councilor Alvarez-Rodriguez indicated that it may be helpful
to proceed at this time since Attorney Bowers present and Police Chief Romero were present.
Council President Blanchette stated the prevailing concern was the scope of
discussion for any particular matter and it appears that the matter is not ready for inquiry or
discussion at this time.
184
Upon no further comment or discussion, Councilor Silva presented a motion to
“table” the measure which was seconded by Councilor Kolofoles and approved by vote of the
Council Members present as follows: 6 = YES; 3 = NO:
Councilor Gosselin – No
Councilor DiMarca – No
Councilor Alvarez-Rodriguez – No
Doc. 107/07: Tabled
60/06
215/06
128/06
257/06
367/06
46/07
42/07
14/07
107/07
Zoning Board of Appeals, Planning Board, Lawrence Redevelopment Authority & Conservation
Commission – hearing held
Water Treatment Center – Fiber Optics – update on who authorized such work to occur – Where is the
contract and the bid? – Council President Blanchette
Temporary Appointments – proposed amendments to Section 2.04.081 of the Municipal Code
Legal Pending Litigation and Claims against the Police Dept. and the City- Counc. Silva
XI. NEW BUSINESS:
113/07
114/07
115/07
116/07
117/07
Hispanic Week in Lawrence – June 13-17 – use of Campagnone Common–
Counc. Gosselin- Ref to Ord.Cmt
Falls Bridge – request City contact State or appropriate Agency for emergency repairCounc. Gosselin-Ref to Ord Cmt
D.A.V. Queen City Chapter 2 – request to be relocated to the Senior Center on Haverhill
Street-Counc. Gosselin-Ref. to Ord. Cmt.
Police Brutality – Public Safety Issues – alleged cases – Counc. DiMarcaRef to Public Safety Cmt.
Police Department – panel to probe possibility of citizens review board –Counc. DiMarca
-Ref. to Public Safety Cmt.
185
118/07
119/07
120/07
121A/07
121B/07
122/07
123/07
124/07
125/07
126/07
127/07
128/07
129/07
130/07
131/07
132/07
133/07
134/07
135/07
136/07
137/07
138/07
139/07
140/07
141/07
142/07
143/07
Stand and Deliver MCAS Mentoring Program –request permission to hold their seventh
Annual Spring Fling on May 24, 2007 from 5:00 p.m. to 7:30 p.m. at the Campagnone
Common – Sarah Cook, Director-Ref. to Ord. Cmt.
Iglesia Cristo Misionera –request permission to use the Campagnone Common on
July 14, 2007 from 2:00 p.m. to 9:00 p.m. for a religious parade and service –Antony
Bernabel & Hector Santiago, Coordinators-Ref. to Ord. Cmt.
Disclosure of Statement – Lawrence Cultural Council – Maureen Nimmo-Ref. to Ord.
Second Hand/Pawnbroker Dealer License – Eric Mane – Henry’s Jewelry-77 Essex StRef. to Ord. Cmt.
Old Gold Dealer License – Eric Mane – Henry’s Jewelry – 77 Essex Street-Ref. to Ord.
City Recycling Program – review – Counc. DiMarca-Ref. to Ord. Cmt.
Parking – Garden Street between Jackson and Union Streets – restrictions Counc. Alvarez- Rodriguez-Ref. to Ord Cmt.
Parking – Orchard Street entire length – restrictions – Counc. Alvarez -Rodriguez-Ref. to
Ord Cmt.
Surplus Declaration – 89-95 Alder Street – Tax Map #171, Lot 58 – Michael R. Sweeney,
Planning Department Director-Ref. to Housing Cmt
Surplus Declaration – 7-21 Archer Street – Tax Map #191, Lot 4- Michael R. Sweeney,
Planning Department Director-Ref. to Housing Cmt.
Surplus Declaration – 80-82 Cross Street – Tax Map #168, Lot 47 – Michael R. Sweeney,
Planning Department Director-Ref. to Housing Cmt.
Surplus Declaration – 50-56 Eutaw Street – Tax Map #130, Lot 38–Michael R. Sweeney,
Surplus Declaration–10-18 Florence Place– Tax Map #190, Lot 76- Michael R. Sweeney,
Surplus Declaration – 19-21 Florence St.- Tax Map #190, Lot 79 – Michael R. Sweeney,
Surplus Declaration – 23-25 Florence St.- Tax Map #190, Lot 78 – Michael R. Sweeney,
Surplus Declaration – 40-42 Fulton St.- Tax Map #89, Lot 30 – Michael R. Sweeney,
Surplus Declaration – 23-27 Hall Street – Tax Map #111, Lot 4-Michael R. Sweeney,
Surplus Declaration – 5 McFarlin Court – Tax Map #164, Lot 15 –Michael R. Sweeney,
Surplus Declaration – 127-133 Melvin St. –Tax Map #165, Lot 7-Michael R. Sweeney,
Surplus Declaration – 141-143 Melvin St.- Tax Map #165, Lot 6 –Michael R. Sweeney,
Surplus Declaration – 6-8 Perkins Court – Tax Map #165, Lot 14 –Michael R. Sweeney,
Surplus Declaration – 17-19 Pleasant St. –Tax Map #68, Lot 13 – Michael R. Sweeney,
Surplus Declaration – 46-54 Vine Street –Tax Map #89, Lot 51 – Michael R. Sweeney,
Surplus Declaration – 55 Warren Street – Tax Map #187, Lot 119A-Michael R. Sweeney,
Surplus Declaration – 61 Warren Street – Tax Map #187, Lot 119-Michael R. Sweeney,
Surplus Declaration – 165-167 West St.- Tax Map #191, Lot 127 – Michael R. Sweeney,
Surplus Declaration – 189-195 West St. – Tax Map #191, Lot 123- Michael R. Sweeney,
186
144/07
146/07
147/07
148/07
Lawrence High School Scholarship Check – Thomas D. Sharkey, Principal -Ref. to
Budget & Finance Cmt
Andover Street – request for one way from Shawsheen Road to Osgood Street –
Norma Micheroni, Lawrence School Department-Ref. to Ord. Cmt
Parking – Broadway – both sides from Green Street to Park Street – complaints- possible
revision of ordinances – Counc. Kolofoles-Ref. to Ord.Cmt
Phone System – request update from IT Department – Counc. KolofolesRef. to Ord. Cmt
Upon being recognized Councilor Kolofoles presented a motion to reconsider Doc.
#145/06 stating that it had been erroneously withdrawn earlier in the session. The motion
was seconded by Councilor Alvarez-Rodriguez and unanimously approved by the Council
Doc. 145/06: Parking – Common Street – amendments from Jackson to Union – Ord.
Comm. – Public Hearing Ordered
Councilor Kolofoles informed the Council Members present of the prior report of the
Ordinance Committee recommending a public hearing on the measure. The report was
presented in for the form of a motion to order a public hearing. The motion was seconded by
Councilor Alvarez-Rodriguez and unanimously [9-0] approved by the Council Members
present [9-0] to order a public hearing.
XII. ADJOURNMENT:
ADJOURNED
(9:15p.m.)
Attest:
William J. Maloney
City Clerk
187
DATE: Tuesday, May 15, 2007
A REGULAR MEETING of the City Council was held on Tuesday, May 15, 2007
at 7: 09 p.m. in the City Council Chamber with all Members present except for Councilor
Parolisi and Councilor Gonzalez. Council President Blanchette presided over the meeting.
Approximately Thirty-Five [35] persons were present.
of City Council Meeting conducted May 1, 2007 were submitted by the City Clerk for
Upon the motion of Councilor Kolofoles to accept the minutes as presented duly
seconded by Councilor DiMarca, the Council Members present voted unanimously [7-0] to
accept the minutes.
Scott F. Gleason, Attorney representing Public Works Director Frank McCann,
introduced himself to the City Council.
188
Jude Charles, 126 Exeter Street, Lawrence, MA informed the public and Council
Members that May is Haitian Cultural month and requested that it be formally recognized by
the City Council Members.
David Mazzaglia, and employee of the Lawrence Public Works Department,
Stated that Frank McCann should be reinstated as Director of the Lawrence Public Works
Department.
John Lydon, 9 Monroe Street, Lawrence, MA, discussed the upcoming renewal of the
City contract with Verizon Cable Company. He stated that he did not agree with the price
structure being proposed by the company or its requirement that the applicants provide proof
of age for discounts. He stated that Verizon the agreement requires that Verizon be
responsible for broadcasting all public meetings held by any agency or political body in the
City Of Lawrence.
Bill Collins, 1 Platt Court, Lawrence, MA , stated that he is in favor of competitive
bidding for the cable television contract for the City of Lawrence. He spoke in favor of Paula
Shaheen [a Lawrence High School Teacher] who was recently dismissed from her position.
He state that he believed she was wrongfully fired from her position at the High School.
Fausto Nunez ,450 Hampshire Street, Lawrence, MA, spoke in favor of
re-instating Frank McCann as the Public Works Director. He stated that the City would
benefit tremendously if he were reinstated to his position.. He also stated that he supports
Lawrence Police Chief John Romero for the work he and members of the Lawrence Police
Department perform in the Lawrence Community.
189
Doc.101/07: National Grid and Verizon New England, Inc. – request permission to
locate poles, wires and fixtures – Chickering Street – hearing held - tabled
Council Members.
A motion to approve the measure was presented by Councilor Kolofoles and
seconded by Councilor DiMarca.
Upon being granted the floor, Councilor Frechette stated that the location of the work
to be done is a location near the new Lawrence High School. He expressed concern about
the proposed changes to the intersection which he believed require the approval of the City
Council.
Upon being recognized, Councilor Kolofoles stated that he agrees with Councilor
Frechette but suggested the document presented for approval in this petition is different than
the construction work that Councilor Frechette referenced. He then retracted his motion for
the approval of the measure and stated that he would amend his motion to “table” the
measure and to have a letter sent to request the presence of a representative of the petition
and an authorized Lawrence School Department individual with knowledge and information
190
regarding the petition presented in order to allow the Council Members with the ability to ask
questions about the matter.
Members present to consider the amended.
Upon consideration, the Council Members voted unanimously [7-0] to “table” the
measure.
Doc. 101 /07: Tabled
locate poles, wires and fixtures – Railroad Street – hearing held - approved
notice regarding the item as published. Upon the conclusion of the Clerk’s reading of the
Council Members.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked the petitioner to
provide detail of the work to be completed. The petitioner’s representative provided the
information requested and described the work requested to be authorized.
191
Upon a motion to approve the measure presented by Councilor Alvarez-Rodriguez, as
seconded by Councilor Kolofoles, the Council Members present voted unanimously [7-0] to
approve the petition as presented.
Doc. 145/06: Parking Amendments – Common Street Jackson Street to Union Street –
hearing held – approved
Council Members.
Upon a motion to approve the measure presented by Councilor Kolofoles, as
[7-0] to approve the petition as presented.
192
Upon being recognized, Councilor Frechette presented a motion to take document
159/2007 out of the order appearing on the agenda. The motion was seconded by Councilor
DiMarca and unanimously approved by the Council Members present [7-0].
IV: COMMUNICATION FROM MAYOR, CITY OFFICIALS AND CITY
ATTORNEY:
Doc.159/07: MHT/Lawrence Research Initiative – Presentation - Milagro GrullonPresented
Milagro Grullon of Community Development presented the item and informed the
Council Members of the results of the Research Initiative.
Upon invitation, a representative of The Greater Lawrence Family Health Services
explained the use and necessity of the research project efforts to be implemented.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that the work of
the Greater Lawrence Family Health Programs should be recognized and praised for the
work done to solve serious health matter.
Upon being granted the floor, Councilor DiMarca stated that diabetes is a serious
health concern of many people and it is important that it be addressed in the community.
Upon conclusion of the presentation, Council President Blanchette thanked Ms.
Grullon for her efforts bringing this matter to the attention of the Council Members.
Doc.159/07: Presented
Upon being recognized, Councilor Frechette presented a motion to take document
157/2007 out of the order appearing on the agenda. The motion was seconded by Councilor
DiMarca and unanimously approved by the Council Members present [7-0].
Doc. 157/07: Personnel Matters – to be discussed – Mayor Sullivan-Tabled
193
Council President Blanchette requested that Mayor Sullivan or a representative from
the Mayor’s Office be present to address the present matter. No one from the Mayor’s Office
appeared at the invitation of Council President Blanchette.
Council President Blanchette continued by reading an e-mail he received from Mayor
Sullivan dated May 2, 2007 concerning “Personnel Matters” and his response sent by e-mail
as well. Further correspondence from Council President Blanchette to Mayor Sullivan dated
May 8, 2007 was also read into the record as well as the Mayor’s response of May 9, 2007.
Upon being granted the floor, Councilor Frechette stated he had not received any
information from the Administration concerning the status of Public Works Director
McCann. He stated that he was disturbed that no information was sent to the City Council
and that the Mayor didn’t appear this evening to address the matter. He stated that he hoped
the issue would be resolved soon if not this evening. Upon conclusion, Councilor Frechette
moved to “table” the matter.
Council President Blanchette informed Council that a request to forward further
communication to the Mayor regarding this matter appears on the agenda this evening for
their consideration.
Upon being recognized, Councilor DiMarca agreed with Councilor Frechette’s
comments and expressed concern the issues regarding this matter were yet to be resolved.
Councilor DiMarca also suggested that Attorney Scott Gleason [who represents Frank
McCann privately] is welcomed to provide the Council Members with some insight and
information regarding this matter if he wished.
194
Upon being granted the floor, Councilor Silva agreed with Councilor Frechette’s
comments and also expressed concern that Mayor Sullivan was not present. She suggested
the matter be sent to the Personnel Committee for further action.
Upon being recognized, Councilor Kolofoles stated that the issue regarding Mr.
McCann’s status is affecting the water department operations which is posing a staffing
problem.
Upon being granted the floor, Councilor Gosselin stated that there is overwhelming
support to reinstate Mr. McCann to his prior position as Public Works Director. She
suggested that there may be something the Mayor may need to assist him with this matter or
possibly other matters. She stated that she believes the issues presented could have been
resolved this evening in executive session or through other means.
Upon being granted the floor, Councilor Alvarez-Rodriguez expressed her concern
about the impact this matter has on current expenditures and stated that the City Council
needs to address the FY 2008 Budget as soon as possible. She also stated that Personnel and
the Administration need to consider how the City can continue to operate competently if and
when key employees are lost for any reason. The City operations must include a plan for
allowing cross-training of staff in key departmental positions.
Council President Blanchette again expressed his concern that the matter remains
unaddressed and stated that Mr. McCann should be reinstated.
Upon no further comment, discussion or inquiry by the Council Members present,
195
A motion presented by Councilor Frechette to “table” the measure was seconded by
present.
Doc. 157/07: Tabled
Doc. 111/07: Department of Public Works – Frank McCann, Director –
re-instatement –fourth letter- Council President Blanchette-Letter to Mayor
Council President Blanchette introduced the item and suggested that based upon the
current lack of information and lack of any contact from the Mayor’s Office concerning this
matter that another letter outlining the requests of the City Council Members as a body
should be sent to Mayor Sullivan.
On motion of Councilor Alvarez-Rodriguez, seconded by Councilor DiMarca, the
Council Members present voted unanimously [7-0] to send a 4th letter to Mayor Sullivan
matters pertaining to requests of the City Council and the employment status of Mr. McCann.
Doc. 111/07: Letter to Mayor – to be sent
Council Members as appearing on the Agenda and referred it as indicated:
Doc.158/07: Outstanding Invoices – three budget transfers – Mayor Sullivan-Ref to
Budget & Finance
Doc. 23/07: Parking – 11-13 Newbury Street – 25 spaces – Merrimack Taxi – Ord.
Comm. - Public Hearing Ordered
196
report was presented in the form of a motion to order a public hearing, seconded by
Councilor Alvarez-Rodriguez and unanimously approved by the Council Members present
[7-0].
Doc. 34/07: Arlington Street Smart Growth District - Ord. Comm. – Tabled
report from the Ordinance Committed in the form of a motion to send the item to the full
Council for further proceedings. The motion was seconded by Councilor Frechette.
Upon a call for discussion Councilor Kolofoles discussed the procedural history of
the item. Further discussion ensued among Councilor Kolofoles and other members
regarding the procedure of the item. Councilor Kolofoles read a letter from Kathy Felson
regarding the impact approval of the measure may have. Councilor Kolofoles emphasized
that State approval of the matter has not been confirmed as of yet.
Upon being granted the floor, Councilor Frechette stated that he objects to a letter
being unilaterally entered into the record when the document was sent only to one Member
of the City Council and without an opportunity of all Council Members to view and consider
the information it may contain. He stated that the Chairman of the Ordinance Committee
should have provided a copy of the letter being read to all Members of the Ordinance
Committee and all City Council Members.
Upon being recognized, Councilor Alvarez-Rodriguez restated the proposed purpose
of the petition and asked for more information about the way it may adversely impact
residents and business in the area subject to the petition.
197
Councilor Kolofoles presented a motion to “table” the measure which was seconded
by Councilor Frechette and unanimously [7-0] approved by the Council Members present.
Doc. 34/07: Tabled
Councilor DiMarca presented a motion to take document145/07out of the order
appearing on the agenda. The motion was seconded by Councilor Frechette and unanimously
Doc.145/07: Appointment – Commissioner of Inspectional Services – Myles Burke –
Personnel Committee- Approved
from the Personnel Committed in the form of a motion to approve the appointment of Myles
Burke as Commissioner of Inspectional Services. The motion was seconded by Councilor
Kolofoles.
Council President Blanchette opened the matter for discussion by Council Members
present. Upon being recognized, Councilor Kolofoles invited Mr. Burke to address the City
Council Members and asked he observed any morale problems or difficulties resulting from
the term of the prior Inspectional Service Director. Mr. Burke stated that there are often
difficulties that typically arise within the department regardless of who may be Director of
the Department. He stated that morale is presently “good” and that he expects that his prior
association and work in the Department will allow him the ability to work well with the staff.
Councilor Kolofoles discussed the inspection times offered by the Building Inspectors and
also discussed any suggested personnel changes that would possibly improve service to the
198
public in the future. Councilor Kolofoles commented that he has known Mr. Burke and his
family for a number of years and indicated that he supports his application for the position.
Upon being granted the floor, Councilor Frechette asked Mr. Burke if there was a
system in place that allows for computer input and access to each property in the City of
Lawrence and, if not, could a plan be developed for implementation in the near future.
Mr. Burke stated that there was not currently a computer program of the dimension
suggested but he believed that such a program would be developed and implemented.
Councilor Frechette stated that such a program could track any changes occurring to
properties in Lawrence over time which could be catalogued and up-dated continuously
In conclusion, Councilor Frechette complimented Mr. Burke for his past frankness and
availability to the Council Members in his position as “Chief of Staff”. He stated that he has
established a good working relationship with the City Council in his prior service and he
believed it is expected that this relationship will continue upon his approval as Inspectional
Services Director.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated her concern that
the application process was not correctly followed. Mr. Burke responded by explaining and
discussing the application process that was used in this instance. Councilor AlvarezRodriguez also discussed Building Inspector Certification requirements and the time frame
which they are required to be achieved. Mr. Burke explained and discussed the certification
process for Building Inspectors. Additional and further discussion ensued between Councilor
Alvarez-Rodriguez and Mr. Burke concerning the permit granting authority of the
Inspectional Services Director and applicable appellate decisions of various boards and
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agencies. Councilor Alvarez-Rodriguez posed questions concerning the basic competency of
inspectors who have not yet been certified as building inspectors and the ramifications of
employing individuals who do not pass minimum certification requirements. Mr. Burke
explained the details of the certification process for inspectors currently employed by the
Inspectional Services Department. Councilor Alvarez-Rodriguez also posed questions and
discussed improvements that could be implemented to improve customer service during his
term. Councilor Alvarez-Rodriguez concluded by stating that she is confident Mr. Burke
will improve in the performance of the Inspectional Service Department and public access to
the services offered.
Council President Blanchette asked for the indulgence of the Council Members and
requested that City Attorney Charles Boddy be allowed to leave the meeting unless any of
the Council Members required him to remain. Councilor Silva stated that Attorney Boddy
was present at her request and that he had provided the necessary information and that it was
no longer necessary to require him to remain if he wished to leave. Attorney Boddy was
excused from further attendance.
Upon being granted the floor, Councilor DiMarca pointed out to Mr. Burke the many
issues to be addressed through the Office of Inspectional Services including, illegal dumping,
illegal apartments, building code requirements as well as other code violations which the
department is responsible. He suggested that student interns can be engaged to assist with
direct public communications in order to improve dissemination of information to the public
to increase understanding of specific actions that may be taken by the Inspectional Services
Department. Councilor DiMarca stated that he appreciates Mr. Burke’s availability to the
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Council Members while Chief of Staff and that he was sure his availability and frankness
would continue as Director of Inspectional Services. At the request of Councilor DiMarca,
Mr. Burke discussed the measures he intends to put into place in order to address the specific
matters of concern to Councilor DiMarca.
Upon being granted the floor, Councilor Gosselin discussed the requirement to place
visible address numbers on houses in the City of Lawrence and other issues related to
ownership of a house on Halsey Street. Councilor Gosselin also discussed concerns about
“budgeted positions” and “grievances” that persist and may have been inherited from the
prior director. Mr. Burke discussed his approach to these matters which he stated he would
seek to resolve.
Upon no further comment, discussion or inquiry by the Council Members present,
Council President Blanchette called the motion to the attention of the Council Members
present and asked for their consideration. The Council Members present voted unanimously
[7-0] to approve the appointment of Myles Burke as Commissioner of Inspectional Services.
Mr. Burke thanked the Council Members for their comments and support.
Doc.145/07: Approved
Doc. 89/07: City Contracts Ordinance – approval for over $50,000 – Ord. Comm.Public Hearing Ordered
report of the Ordinance Committee to order a public hearing on the item presented. The
report was presented in the form of a motion, seconded by Councilor Alvarez-Rodriguez, and
unanimously approved by the Council Members [7-0].
201
Doc. 113/07: Hispanic Week – use of Common – Ord. Comm. – Approved
report of the Ordinance Committee to approve the use of the Common June 13-17, 2007 for
Hispanic Week. The report was presented in the form of a motion for approval, seconded by
Councilor Gosselin, and unanimously approved by the Council Members present [7-0].
Doc.118/07: Stand and Deliver MCAS on Common Mentoring Program – Ord. Comm.
– Approved
report of the Ordinance Committee to approve the measure. The report was presented in the
form of a motion to approve and seconded by Councilor Frechette.
Upon being recognized, Councilor Kolofoles read the description of the program to
be presented into the record. Council President Blanchette provided additional information
concerning the program.
Upon no further comment or discussion offered by the Council Members, Council
President Blanchette called the motion for consideration by the Council Members present
who voted unanimously [7-0] to approve the measure.
Doc. 119/07: Iglesia Cristo Misionero – use of Common – parade and religious service –
Ord. Comm. – Approved
report of the Ordinance Committee to approve the measure. The report was presented in the
form of a motion to approve the item presented which was seconded by Councilor Alvarez-
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Rodriguez. The Council Members present voted unanimously [7-0] to approve use of
Campagnone Common as requested by Iglesia Cristo Misionero.
Upon the motion of Councilor Kolofoles, seconded by Councilor Alvarez-Rodriguez,
the following items were unanimously approved by the Council Members present [7-0] to
consider them as a block.
Doc. 121A/07: Second Hand/Pawnbroker Dealer License – Eric Mane – 77 Essex Street
- Ord. Comm. – Approved
Doc. 121B/07: Old Gold License – Eric Mane – 77 Essex Street – Ord. Comm.Approved
report of the Ordinance Committee for the approve the license requests presented. The report
was presented in the form of a motion to approve the request which was seconded by
Councilor Alvarez-Rodriguez. The Council Members present voted unanimously [7-0] to
approve the petition for a Second Hand/Pawnbroker Dealer License and Old Gold License.
Doc. 121A/07 Approved
Doc. 121B/07: Approved
Doc.123/06: Revisiting Residency Requirements - Ordinance Committee – Tabled &
Letter to Attorney
report of the Ordinance Committee for revisiting the residency requirements. The Ordinance
Committee report was an unfavorable recommendation presented to the Council Members.
The motion was seconded by Councilor Frechette.
203
Upon a call for discussion, Councilor DiMarca stated he supports a residence
requirement and explained that many of the higher paying jobs are being awarded to nonresidents.
Upon being granted the floor, Councilor Frechette stated that the issue was presented
as a ballot question in 2001 and despite the intention to hire City residents, the proposed
legislation would not affect many of the City Employees except those employees within City
Hall. He stated that nothing has changed since 2001 that would result in any real difference.
Upon being recognized, Councilor Alvarez-Rodriguez informed the Council
Members that the ballot question was poorly worded when presented to the voters in 2001.
She stated that the format of the question confused voters who thought they were voting in
favor of the measure when they were actually voting against the measure. She stated that a
well phrased question to the voters should be placed on the ballot for further consideration by
the voters.
Councilor Frechette discussed enforcement against people who presently live outside
the City with Councilor DiMarca. Councilor DiMarca stated that many of the employees
who are subject to the legislation, if approved, would be required to comply. A discussion
ensued among the Council Members about the practical manner of implementing such a
restriction.
Upon being granted the floor, Councilor Kolofoles commented that he supported the
proposed residency requirement before the change of the City Charter and throughout his
political career. He recounted the vote of 2001 regarding the measure and suggested that the
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City Attorney be consulted to draft a proposed ordinance that will be more direct and clearer
so that the voters can understand it when they appear at the polls to vote on the measure.
Upon being recognized, Councilor DiMarca stated that the approval of the three
recent appointments to key administrative positions were from Lawrence.
Upon being granted the floor, Councilor Kolofoles discussed Mayor Menino’s
approval of Boston Ordinances requiring residency of its employees. A discussion ensued
about the presentment of a Home Rule Petition rather than a ballot question.
Council President Blanchette suggested a letter to the City Attorney for a draft
question for ballot.
Upon no further discussion or comment, Council President Blanchette called the
motion presented with an unfavorable recommendation for approval as reported by the
Ordinance Committee. Councilor Blanchette reminded that a “Yes” vote would be a vote to
approve the unfavorable recommendation of the Ordinance Committee and would result in a
“defeat” of the measure while a “No” vote would be a vote to “against” the unfavorable
recommendation and permit further action on the measure as the Council Members may
determine. Upon vote of the Council Members present, the measure to approve the
unfavorable recommendation was defeated as follows: 1-YES; 6-NO;
2-ABSENT:
Councilor Joseph Parolisi - Absent
Councilor Nicholas Kolofoles - No
Councilor Nilka Alvarez-Rodriguez - No
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Council Pres. Patrick Blanchette - No
After the vote taken, Councilor Alvarez-Rodriguez presented a motion to send a letter
to the City Attorney requesting a draft a proposed amendment to the City Charter that would
appear as ballot question to be presented to voters concerning approval or disapproval of a
residency requirement. The motion was seconded by Councilor Kolofoles and approved by
vote of the Council Member as follows: 6-Yes; 1-No;
2-Absent
Councilor Parolisi – Absent
Doc.123/06: Letter to be sent to City Attorney
Doc. 117/07: Police Dept. – panel to probe possibility of Citizen Review Board – Public
Safety Comm. - Ref to Ordinance
report of the Public Safety Committee. Councilor DiMarca presented a motion to approve
the recommendation of the Public Safety Committee which was seconded by Councilor
Gosselin.
A discussion ensued among the Council Members concerning the proper procedure to
be followed.
206
Upon being granted the floor, Councilor Kolofoles asked for a copy of the executive
session minutes of the Public Safety Committee meeting held concerning the report
presented.
Upon being recognized, Councilor DiMarca stated that he supports the establishment
of a citizen’s review board.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated she also supports
establishing a citizen review board. She also presented information that was previously
supplied to the Public Safety Committee by a representative of the American Civil Liberties
Union [hereinafter referenced as A.C.L.U.]. She stated that she would make the information
available to the Council Members at their request.
Upon being recognized, Councilor DiMarca amended his motion to approve the
recommendation of the Public Safety Committee to allow the matter to be referred to the
Ordinance Committee for further proceedings.
Council President Blanchette called the amended motion to the attention of the Council
Members who voted unanimously [6-0] to refer the matter to the Ordinance Committee.
[The City Clerk noted that Councilor Silva was recorded as “absent” from the Chamber at the
call of the vote].
Doc. 117/07: Ref. to Ord. Cmt.
Upon the motion of Councilor Alvarez-Rodriguez, seconded by Councilor Kolofoles,
the following items were unanimously accepted “in block form” by unanimous vote of the
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Upon the motion of Councilor Alvarez-Rodriguez, as seconded by Councilor
Kolofoles, the following items were declared surplus by unanimous vote of the Council
Members present [7-0]:
125/07
126/07
127/07
128/07
129/07
130/07
131/07
132/07
133/07
134/07
135/07
136/07
137/07
138/07
139/07
140/07
141/07
142/07
143/07
Surplus Declaration – 89-95 Alder Street – Hous. Comm.-Declared Surplus
Surplus Declaration – 7-21 Archer Street – Hous. Comm. - Declared Surplus
Surplus Declaration – 80-82 Cross Street - Hous. Comm. – Declared Surplus
Surplus Declaration – 50-56 Eutaw Street – Hous. Comm. - Declared Surplus
Surplus Declaration – 10-18 Florence Place – Hous. Comm.-Declared Surplus
Surplus Declaration – 19-21 Florence Street – Hous. Comm.-Declared Surplus
Surplus Declaration – 23-25 Florence Street – Hous. Comm. - Declared Surplus
Surplus Declaration – 40-42 Fulton Street – Hous. Comm. – Declared Surplus
Surplus Declaration – 23-27 Hall Street – Hous. Comm. – Declared Surplus
Surplus Declaration – 5 McFarlin Court – Hous. Comm. – Declared Surplus
Surplus Declaration – 127-133 Melvin Street – Hous. Comm.-Declared Surplus
Surplus Declaration – 141-143 Melvin Street – Hous. Comm. - Declared Surplus
Surplus Declaration - 6-8 Perkins Court – Hous. Comm. – Declared Surplus
Surplus Declaration - 17-19 Pleasant Street – Hous. Comm. - Declared Surplus
Surplus Declaration – 46-54 Vine Street – Hous. Comm. – Declared Surplus
Surplus Declaration – 55 Warren Street – Hous. Comm. – Declared Surplus
Surplus Declaration – 61 Warren Street – Hous. Comm. – Declared Surplus
Surplus Declaration – 165-167 West Street – Hous. Comm. – Declared Surplus
Surplus Declaration – 189-195 West Street – Hous. Comm. – Declared Surplus
VII. WITHDRAWALS:
At the request of Council President Blanchette, Councilor Kolofoles presented a
motion to allow the following matters pending before the Ordinance Committee to be
considered in “block form” for “withdrawal”. The motion was seconded by Councilor Silva
and voted unanimously [7-0] to withdraw all matters in block form.
62/07:
63/07:
86/07:
120/07:
Review of Ordinance – Jackson St. from Haverhill Street to Canal Street – Ord. Comm- Withdrawn
Review of Ordinance – Mill Street from Canal Street to Essex Street – Ord. Comm. Withdrawn
Union Contracts – Review of Charter/Ordinances – Ord. Comm. - Withdrawn
Disclosure Statement –Lawrence Cultural Commission - Ord. Comm. – Withdrawn
At the request of Council President Blanchette, Councilor Gosselin presented a
motion to allow the following matters pending before the Public Safety Committee to be
considered in “block form” for “withdrawal”. The motion was seconded by Councilor Silva
and voted unanimously [7-0] to withdraw all matters in block form.
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140/06
252/06
Night Clubs and Bars – rollback to 1:00 a.m. – Public Safety Comm. - Withdrawn
Bars/Liquor establishments – hours of operation – Public Safety Comm. – Withdrawn
Doc. 309/05: Surplus Declaration – 128 Newbury Street –
Housing Committee - Tabled
Council President Blanchette granted Councilor Alvarez-Rodriguez the floor for the
purpose of withdrawing Doc. 309/05 from the agenda only. The motion was seconded by
Councilor Gosselin.
A discussion ensued among the Council Members regarding the appropriate process
to be followed. Several Councilors expressed concerns about the method and manner the
Planning Department may reject any Request for Proposals [RFP] submitted.
Councilor Alvarez-Rodriguez presented a motion to conduct Council business past
10:00 p.m. which was duly seconded by Councilor Kolofoles and unanimously approved
[7-0] by the Council Members present.
Upon resuming proceedings, Councilor Kolofoles presented a motion to “table” the
item which was seconded by Councilor Alvarez-Rodriguez and unanimously [7-0] approved
by the Council members present.
Doc. 309/05: Tabled
VIII. OLD BUSINESS: - None
IX. TABLED MATTERS:
60/06
215/06
128/06
257/06
367/06
46/07
42/07
209
14/07
Municipal Code
107/07
X. NEW BUSINESS:
149/07
150/07
Handicapped Parking – 226 Andover Street – Counc. Gosselin-Ref. to Ord.
District F–all streets–to be repaired, resurfaced, handicapped accessible–Counc.
Gosselin-Ref. to Ord.
Abandoned Property – 22 Hancock Street - public nuisance property –Counc. AlvarezRodriguez-Ref. to Housing
Traffic Study – Merrimack Street – from South Broadway to the North Andover Town
Line – Counc. Gosselin-Ref. to Ord.
Movimiento Puertorriqueño – request permission to use the Pemberton Park to celebrate
the Puerto Rican Night on June 13, 2007 – Vanessa Espendez, President-Ref. to Ord.
Church House of Prayer – request permission to use the Campagnone Common
on August 4, 2007 from 2:00 p.m. to 6:00 p.m.to hold a religious service –
Pastor Higinio Santana-Ref. to Ord.
Yawkey Children Hospital –request permission to use the Pemberton Park for a fund
raising activity on June 24, 2007 starting at 8:00 a.m. – Jennifer Martinez-Ref. to Ord.
Handball Courts in Lawrence – Counc. Alvarez-Rodriguez-Ref. to Housing
151/07
152/07
153/07
154/07
155/07
156/07
ITEMS ADDED AT MEETING
XI. COMMITTEE REPORTS:
Doc. 112/07: Appropriation Transfer - $1,500.00 from Lease Payments to Office
Supplies $500.00 and to Printing and Mailing $1,000.00 –
William J. Maloney, City Clerk- Approved
report of the Budget and Finance Committee recommending approval of the measure.
The report was presented in the form of a motion to approve and seconded by Councilor
Frechette.
Upon no comment or discussion offered by the Council Members, Council President
Blanchette called the motion for consideration of the Council Members present who voted
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unanimously [7-0] to approve the measure.
Doc. 144/07: Lawrence High School Scholarship Check –
Thomas D. Sharkey, Principal-Approved
report of the Budget and Finance Committee recommending approval of the measure.
The report was presented in the form of a motion to approve and seconded by Councilor
Frechette.
Upon no comment or discussion offered by the Council Members, Council President
Blanchette called the motion for consideration of the Council Members present who voted
Doc. 160/07: Dominican Night-Claudio Perez, Pres.- Comite Noche Dominicana De
Lawrence-Counc. Pres. Blanchette- Ref. to Ord. Cmt.
XII. ADJOURNMENT:
Upon Motion of Councilor DiMarca as seconded by Councilor
Alvarez-Rodriguez, the Council Members present voted unanimously [7-0] to Adjourn.
ADJOURNED
(10:06p.m.)
Attest:
William J. Maloney
City Clerk
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DATE: Tuesday, June 5, 2007
A REGULAR MEETING of the City Council was held on Tuesday, June 5, 2007
Approximately One Hundred and Fifty [150] persons were present.
Council President Blanchette informed the Council Members present that there were no
prior minutes submitted by the City Clerk for acceptance.
Arelys Pichardo,117 Willow Street, Lawrence, MA spoke of her dissatisfaction with
trash in the area surrounding her home.
Marcos Devers, 16 Woodland Street, Lawrence, MA spoke in favor of safety on the
Merrimack River [Doc.179/07]. He also spoke in opposition of any tax hike in Lawrence.
Francisco Ureña, Director of Veterans Services for the City of Lawrence, thanked
those who participated in recent Memorial Day Services. He discussed the status of PFC
Alex Jimenez as currently being officially “missing in action”. Director Ureña announced a
vigil scheduled for Saturday June 9, 2007 at 6:00 pm.
212
[Tuesday, June 5, 2007]
Carlos Hernandez, 21 Bevel Street, Lawrence, MA, stated that the Council Members
knew Lawrence was a poor City when they were elected. He stated that the City Council
plans to increase City taxes will have and adverse effect on residents who may be forced to
move out of the City. He stated also that the current water rates are too high.
Angel Vargas, 9 Coolidge Street, Lawrence, MA stated that the water bill for his
home has increased 126%. He stated that the utility rates and taxes are too high to allow him
to continue to provide for his family.
Carlos Carpana, 35 East Haverhill Street, Lawrence, MA stated he has never seen a
situation like the one in Lawrence.
Hidiliza Frias, Boxford Street, Lawrence, MA spoke against increasing the water
rates. She appealed to the City Council because the utility rates and taxes are too high to
afford maintaining a household in Lawrence.
Modesto Maldonado, 115 Spruce Street, Lawrence, MA commented that decisions of
the City Council in the past regarding the establishment of the water rates have negatively
impacted the residents of Lawrence. He asked the Council Members to re-consider the water
rate previously approved and vote against any new taxes.
Hector Breton, 6 Maple Street, Lawrence, MA stated that his previous appearance
speaking against water rate increases was ignored. He provided a list of his monthly
obligations which include taxes, insurance, mortgage, and utility payments each month and
stated that his rental income and wages are not enough to keep up with these bills and to pay
household expenses for his family.
213
Ana Luna, Executive Director of Lawrence’s Arlington Community Trabajando, 599
Canal Street, Lawrence, MA [business address] stated that the mission of her agency is to
help residents keep their homes. She stated that many residents are having their mortgages
on their homes foreclosed and believes that lowering taxes and the water rate will help
homeowners keep their homes.
Miguel Aguilo, 31 Kendall Street, Lawrence, MA stated that all the money he earns is
being applied to pay his mortgage. He said that he cannot afford luxuries due to the amount
he pays for his mortgage. He asked the Council Members to vote to keep utility rates and
taxes low.
Esteban Nunez, 388 Lowell Street, Lawrence, MA asked why taxes and water rates
are so high. He said that his wages just don’t keep up with the utility rate increases.
Laly Feliz, 276 Lawrence Street, Lawrence, MA stated that she opposes higher water
and tax rates. She offered a comparison between past water, utility and mortgage payments
with the current charges. She stated that her rental income and money she received from
Social Security Disability is not enough to meet her bills.
Alexander Beals [juvenile] 20 Dartmouth Street Lawrence, MA [inaudible].
Barbara Gonzalez Beals 20 Dartmouth Street, Lawrence, MA [Alexander Beal’s
Mother] spoke in favor of adopting safety measures for all Lawrence waterways and stated
that she believes the use of jet skis on all Lawrence waterways should be banned.
Carlos Matos, 67 Saunders Street, Lawrence, MA stated that the financial decisions
of the Council and Mayor have adversely affected the residents in Lawrence to a point that
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the people cannot afford to live in Lawrence. He urged the Council Members to closely
scrutinize the 2008 City Budget.
Isabel Ceron, 17 Grafton Street, Lawrence, MA stated that the taxes and utilities are
too high in Lawrence. She stated that Lawrence resident income averages between $25,000
or $30,000 which is not sufficient to financially operate a household.
Maria Dominquez, 6 Cedar Street, Lawrence, MA stated that she operates her
household on a limited income and she recently lost her job. She asked the City Council to
remember those with low income when considering the 2008 City Budget.
Rose Hernandez, 32 Orchard Street, Lawrence, MA stated that increases in taxes and
utilities are making it more difficult to meet her financial obligations.
Jackie Carty, 66 Dorchester Street, Lawrence, MA stated that despite working almost
80 hours a week, she is having difficulty keeping up with the finances to support her
household. She stated that it is getting increasingly more difficult to maintain her household
on the income she receives. She stated that she believes better police enforcement would
create more income.
Iris De La Cruz, 216 Abbott Street, Lawrence, MA stated that high taxes and water
bills are causing her to lose her home. She reviewed her past bills in comparison with her
current bills.
Maria Rodriguez, 473 Hampshire Street, Lawrence, MA stated that there are two
homes in foreclosure on her block. She asked the City Council to consider making decisions
that will help the home owners remain in Lawrence.
215
Jenry Garcia, 5 Chester Street, Lawrence, MA spoke in favor of reducing taxes and
water bills. He stated he does not make enough money to pay all the household bills and
believes many of the residents may be forced to leave Lawrence.
Brian De Pena, 32 Broadway invited the Council Members to the Hispanic Week
festivities. He stated that the Council Members need the people from the Community and
urged the Council Members to make the right decision.
Rev. James Stokes, 103 Boxford Street, Lawrence, MA thanked the Council
Members for attending the Memorial Day activities. He stated that it is a disgrace that the
Tribune and Valley Patriot newspapers failed to even report the event. He stated that taxes
are too high and should be set at a rate the taxpayer can afford.
Jose Alphonso Garcia, 59 Eutaw Street, Lawrence, MA stated that thousands of
people may lose their homes in Lawrence. He stated that part of the problem is that the City
Assessor’s Office is valuing property based on old and inaccurate values. He stated that the
tax crisis is partially due to over-valuation.
Upon no further comment offered by members of the public, Councilor Kolofoles
presented a motion to take document 163/07 out of the order appearing on the agenda. The
Doc. 163/07: Resolution – Jonas Stundza – Councilors Kolofoles & Alvarez-Rodriguezpresented
216
Members present and called upon Councilor Kolofoles, Councilor Silva, and Councilor
Alvarez-Rodriguez to present the Resolution to Mr. Jonas Stundza.
After the completion of the presentation, Councilor Alvarez-Rodriguez commented
on the work and accomplishments of Mr. Stundza.
Mr. Stundza thanked the Council Members for the presentment and discussed the
contents of a book published with his contributions. He pointed out that the publication
provided an emphasis on Lawrence History and acknowledged people of Lithuanian heritage.
He stated that 2012 will mark the 100th Anniversary of the Great Strike of Lawrence and the
world will be looking closely at the City of Lawrence for advances in labor.
Doc. 23/07: Parking – two parking stand spaces – Merrimack Taxi -15 Newbury St. –
Public Hearing held – Approved
Council Members. Upon no discussion or comment offered by anyone present, Council
President Blanchette closed the public comment portion of the proceedings and called upon
the Council Members present to offer comment or discussion.
217
Upon a motion to approve the measure presented by Councilor Silva, as seconded by
Councilor Kolofoles, the Council Members present voted unanimously [9-0] to approve the
measure.
Doc. 89/07: City Contracts Ordinance – approval for over $50,000 –
Public Hearing held –Approved
Council Members. Upon no public comment offered on the matter, Council President
Blanchette closed the public hearing portion of the proceedings and called upon the Council
Members present to offer comment or discussion. A brief discussion regarding the measure
among the Council Members ensed.
. Upon a motion to approve the measure presented by Councilor
Alvarez-Rodriguez, as seconded by Councilor Silva, the Council Members present voted
218
V: COMMUNICATIONS FROM MAYOR, CITY OFFICIALS & CITY
ATTORNEY:
Doc. 161/07: Greater Lawrence Technical School – Daniel Fleming – resignation letter
– Council Pres. Blanchette-Tabled & Letters to issue
Council President Blanchette introduced the measure and discussed the selection
process. He suggested a letter be sent to the Lawrence School Committee and City Attorney
to meet in joint session.
Upon being recognized Councilor Kolofoles discussed the process that was possibly
passed years ago.
Councilor DiMarca stated that many tasks of the Greater Lawrence Technical High
School remain and Lawrence should be respresented through the end of the vacant term.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that it is important
to fill the vacancy as soon as possibly.
Upon no further discussion, comment or inquiry Councilor Kolofoles presented a
motion to table the measure and send a letter to the School Committee and the City Attorney
to meet in joint session. The motion was seconded by Councilor Alvarez-Rodriguez and
unanimously voted [9-0] upon by the Council Members present.
Doc. 161/07: Tabled - letters to issue
Doc. 162/07: Advertisements/Publication – to be addressed – Counc. Parolisi -Letter to
issue
Council President Blanchette introduced the measure and granted Councilor Parolisi
the floor.
219
Councilor Parolisi discussed the apparent omission of Lawrence from the circulation
of “Spectrum Monthly” magazine [a local advertisement and trade magazine]. He stated
that he found it ironic that the company appearing on the front page was advertising its
“grand opening” in Lawrence while the magazine doesn’t circulate in Lawrence. Councilor
Parolisi presented a motion to authorize a letter be sent from the Council Members as a body
to the editor or circulation department of “Spectrum Monthly” magazine to consider
distribution of the magazine in Lawrence. The motion was seconded by Councilor DiMarca
and unanimously [9-0] approved by the Council Members present.
Doc. 162/07: Letter to issue
Doc. 166/07: City Council Meetings – Summer Schedule –
Council Pres. Blanchette – Approved
Council President Blanchette introduced the measure and presented the City Council
“Summer” schedule as follows: The next meeting is scheduled for Tuesday June 19, 2007,
one meeting scheduled for Tuesday, July 17, 2007 and one meeting scheduled for
Wednesday, August 8, 2007. He stated that he anticipates scheduling “Special Meetings”
due to the FY 2008 Budget approval process which would be scheduled as necessary.
Councilor Alvarez-Rodriguez presented a motion to approve the summer meeting
schedule which was seconded by Councilor DiMarca and unanimously [9-0] approved by the
City Council Members present.
Doc. 182/07: Reserve Police Force – Request to be established in accordance with the
Massachusetts General Laws Chapter 47, Section 11 – John J. Romero, Chief of the
Police Department -Emergency [30 day period waived] - Approved
220
Council President Blanchette introduced the measure and invited Chief Romero to
comment on the matter. Chief Romero informed the Council Members that twelve
candidates for positions with the Lawrence Police Department may be left without a position
on the Lawrence Police Force upon completion of training despite being told they may be
hired upon completion of training. Chief Romero asked the City Council Members to be
allowed to place all twelve applicants on a list of Reserved Police Officers.
Council President Blanchette commented on the reasons and causes this matter arose
and stated that approval by the City Council and Mayor was required.
declare the item an emergency matter. The motion was seconded by Councilor Parolisi.
At the request of Councilor DiMarca, Chief Romero discussed the reasons this matter
arose and stated that it is really no one’s fault.
Council President Blanchette called upon the Council Members present to consider
the motion to declare the measure and emergency as presented.. The Council Members
present voted as follows to declare the measure an emergency item and to waive any
applicable thirty (30) day waiting period pursuant to section 3.8(a) of the City Charter. 8Yes; 0- No; 1-Abstain
Councilor Gonzalez – Abstain
Councilor Frechette –Yes
221
Upon being recognized, Councilor Alvarez-Rodriguez presented a motion to approve
the measure which was seconded by Councilor Parolisi.
Upon a call for discussion, Councilor Kolofoles and Chief Romero discussed the
method by which the twelve officers became eligible for a position with the Lawrence Police
Department.
Upon being granted the floor, Councilor Frechette asked Chief Romero when the last
new officer was hired. In response, Chief Romero stated that the last Lawrence Police
Officer was hired about 15 months ago. By way of further explanation, he stated that he
expects about to positions to become available by August 2007. Upon inquiry by Councilor
Frechette, Chief Romero stated that there is no more Federal Funding being received to
support police officer positions in the City of Lawrence. A discussion ensued about how
positions become available and how training for Police Officers is scheduled and takes place.
Councilor Frechette stated that he believes the Lawrence Police Department should hire the
twelve individuals affected by funds available in the 2007 Police Budget. Chief Romero
stated that if that were done, these twelve individuals would have to be “let go” due to FY
2008 budget constraints.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked Chief Romero
about the hiring process under the Cox Grant. She explained the hiring process permitted
under the Cox Grant and inquired about five newly hired officers hired under the Cox Grant.
Chief Romero explained that he anticipates hiring ten of the cadets in during FY 2008 as well
as two additional cadets through retirements and attrition. A discussion ensued on how City
funds are used to pay officers assigned to complete the work in the positions vacated through
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attrition. At the request of Councilor Alvarez-Rodriguez, Chief Romero explained that
“layoffs”, if required, are more than likely to be drawn from “patrolmen” first. Chief
Romero explained further the method of scheduling police training sessions and indicated
that once completed it is good for five years. He cautioned that a reduction in the Police
force will certainly result in an increase in the crime rate.
Upon being granted the floor, Councilor DiMarca inquired about the method of hiring
police officers in the City of Lawrence. Chief Romero explained that hiring police officers in
the City of Lawrence Police is subject to Civil Service rules. Councilor DiMarca stated that
the availability of approximately sixteen positions is the highest number in years. Chief
Romero stated that he wasn’t sure and deferred to Councilor DiMarca on the matter. A
discussion ensued among the Council Members and Chief Romero concerning the past and
present effectiveness of the Lawrence Police.
Upon being granted the floor, Councilor Silva expressed her concerns about positions
that remain vacant even though funded through the budget. She commented that two
positions are slated to be filled by promotion according to the FY 2008 Budget submitted.
Chief Romero discussed the means of funding employed to provide compensation for
promotions. He explained that the Police Department has maintained the same number of
Officer’s through 2007. Captain Driscoll explained the method used by Civil Service as it
applies to the selection of minority candidates appearing on the list of available individuals.
Councilor Silva concluded by stating she has many more questions that may apply to the
budgetary issues.
223
Upon inquiry by Councilor Parolisi, Chief Romero explained the process by which
the twelve cadets would be included in the FY 2007 Budget and the possible impact it would
have on the FY 1008 Budget.
Councilor Kolofoles presented a motion to conduct Council business
past 10:00 p.m. which was seconded by Councilor Alvarez-Rodriguez and
unanimously approved by the Council Members present.
Councilor Parolisi continued by discussing the necessity of a maintaining a full
compliment of Police Officers on the Lawrence Police Force and stated that he would
support keeping a strong police force.
Upon being granted the floor, Councilor Kolofoles asked Chief Romero if the
measure is an emergency. Chief Romero stated that if a reserve status is not created by
pursuant to this request, there will be no incentive for these individuals to remain available.
Councilor Kolofoles discussed the Civil Service hiring process with Chief Romero and how
it was utilized to allow these twelve individuals to be selected.
Upon no further discussion, inquiry or comment Council President Blanchette called
upon the Council Members present to consider the motion on the floor to approve the
measure. The Council Members present voted as follows to approve the measure.
8-Yes; 1-Abstain
Councilor Gonzalez - Abstain
224
Doc. 182/07 – Aproved - 30 day period waived
Councilor Frechette presented a motion to take document 101/2007 out of the order
locate poles, wires and Fixtures on Chickering Street-Approved
Councilor Frechette presented a motion to remove the item from the table which was
seconded by Councilor DiMarca and unanimously approved by the Council Members present
[9-0].
Upon invitation of the Council President Blanchette, Kevin McCarthy, Director of
Facilities and Plant Management for the Lawrence Public Schools, explained the purpose and
necessity of the item in relation to the New Lawrence High School.
Upon being granted the floor, Councilor Frechette discussed prior petitions and
easements regarding the same project. Mr. McCarthy explained the differences between
prior approvals and the current item. Councilor Frechette asked if Mr. McCarthy could clear
up Ordinance Committee duplicate petitions.
A motion to approve the measure was presented by Councilor Frechette and seconded
Upon being recognized, Councilor Kolofoles asked Mr. McCarthy to contact him
before Thursday in order to clear the Ordinance Committee’s list of duplicate petitions that
may exist on the item being presented.
225
Council President Blanchette called upon the Council Members present to consider
the motion for approval. The Council Members present voted unanimously
[9-0] to approve the measure.
Doc. 184/07: FY’08 City Budget – Mayor Sullivan – Ref to Budget & Finance
Upon being recognized Councilor Parolisi outlined the proposed schedule of meeting
with Department Heads to review the proposed budgetary items.
Upon being granted the floor on a point of personal privilege, Councilor Frechette
stated he will not be seeking re-election for District E in the up-coming Municipal Election.
He thanked the voters of District E for their confidence and support and stated that his wife,
who was present in the chamber, has been his greatest supporter in all decisions made during
his term.
Doc. 174/07: Appropriation Transfer – From Office Planning to Zoning Board of
Appeals for postage-$4,700.00 – Michael R. Sweeney, Planning Department DirectorRef. to Budget & Finance
Upon being recognized Councilor Alvarez-Rodriguez announced the Women’s
Symposium Resolution and the support of the event.
226
Doc.151/07: Abandoned Property – 22 Hancock Street – to be declared a public
nuisance – Housing Committee - Declared a Public Nuisance
presented the report of the Housing Committee in favor of declaring 22 Hancock Street a
public nuisance. The report was presented in the form of a motion to approve and was
seconded by Councilor Parolisi.
Upon being recognized, Councilor Kolofoles informed the Council Members that the
owners can probably deed the property to the City Of Lawrence directly.
Upon no further discussion or inquiry on the matter, the Council Members present
voted unanimously [9-0] to declare 22 Hancock Street a public nuisance.
Doc.151/07: Declared a Public Nuisance
Doc. 153/07: Movimiento Puertorriqueño– permission to use Pemberton Park on
6/13/07 –Ordinance Committee - Approved
report from the Ordinance Committed in the form of a motion to approve the use of
Pemberton Park on June 13, 2007, which was seconded by Councilor Parolisi and
unanimously [9-0] voted upon by Council Members present.
Doc. 154/07: Church House of Prayer – permission to use the Campagnone Common
on 8/4/07 – Ordinance Committee – Approved
report from the Ordinance Committed in the form of a motion to approve Church House of
227
Prayer to use the Campagnone Common Park on August 4, 2007. The motion was seconded
by Councilor Gonzalez and unanimously [8-0] approved by the Council Members present.
[Councilor Silva being absent from Chamber was marked “absent”]
Doc. 155/07: Yawkey Children Hospital – permission to use Pemberton Park on 6/24/07
– Ordinance Committee – Approved
report from the Ordinance Committed in the form of a motion to approve Yawkey Children
Hospital permission to use Pemberton Park on June 24, 2007, which was duly seconded by
Councilor Parolisi and unanimously [8-0] approved by the Council Members present.
[Councilor Silva being absent from Chamber was marked “absent”]
Doc.160/07: Dominican Night – permission to use Pemberton Park on 6/14/07 –
report of the Ordinance Committed in the form of a motion to approve the use Pemberton
Park on June 14, 2007, which was duly seconded by Councilor Alvarez-Rodriguez and
unanimously [9-0] approved by Council Members present.
VIII. WITHDRAWALS:
Doc.115/07: Disabled American Veterans – request to be relocated
at Senior Center – Ordinance Committee - Withdrawn
report of the Ordinance Committee requesting the matter be withdrawn from the City
228
Council Agenda. The report was presented in the form of a motion to approve the request to
withdraw. The motion was seconded by Councilor Parolisi and the Council Members present
voted unanimously [9-0] to withdraw the matter from the City Council Agenda.
IX. TABLED MATTERS:
Doc. 34/07: Arlington Mills Smart Growth District – Public Hearing Ordered
Councilor Alvarez-Rodriguez presented a motion to remove Doc.34/07 from the
“table” which was seconded by Councilor Parolisi and unanimously approved by the Council
Members present [9-0]. Councilor Alvarez-Rodriguez moved to order a public hearing on
the item, which was seconded by Councilor Parolisi and unanimously approved [9-0] by the
Council Members present.
X. OLD BUSINESS: - None
XI. TABLED MATTERS:
60/06
215/06
128/06
257/06
367/06
46/07
42/07
14/07
107/07
123/06
309/05
Municipal Code
Revisiting Residency Requirements
Surplus Declarations – 128 Newbury Street
XII. NEW BUSINESS:
229
164/07
165/07
167/07
168/07
169/07
170/07
171/07
172/07
173/07
175/07
176/07
177/07
178/07
179/07
180/07
183/07
Handicapped Parking – removal of ordinance – 11 Byron Avenue – Counc. KolofolesRef to Ord.
Crosswalks to be re-painted on District D area – Counc. Kolofoles-Ref. to Ord.
Parking – Corner of Newbury and Haverhill Streets – 20 minute parking –
Counc. Alvarez-Rodriguez – Ref. to Ord.
Bread and Roses – Request permission to use the Campagnone Common Park for their
23rd Annual Labor Day Heritage Festival on 9/3/07 – James F. Beauchesne, ChairmanRef. to Ord.
Old Gold Dealer License – Julio Rolando Ormaza – 204 Broadway Street-Ref. to Ord.
Verizon New England, Inc. – Request permission to place underground conduit
on Avon Street-Ref. to Ord.
Christian Missionary Church –Request permission to use the Campagnone Common Park
for religious Services on July 21st and 22nd & Aug. 25th and 26th from 3:00 p.m. to
to 5:00 p.m. - Fernando Delgado, Pastor – Ref. to Ord.
Technical Sports Association of Lawrence–Request permission to use the Campagnone
Common Park for their Eighth Annual Walkathon on 7/29/07–Nelson Silvestre,
President-Ref. to Ord.
25 Marston Street – Tax Increment Financing Plan – review – Ezra H. Glenn,
Community Development Department Director – Ref. to Budget & Finance
Marston Street Park Site – CDBG Funds from previous years – Council Pres. Blanchette
– Withdrawn
Veteran’s Memorial Stadium – Veteran’s Walk – Counc. Gosselin – Ref. to Ord.
Former Saunders School –proposal to be utilized for various Veterans Groups and
Agencies – Counc. Gosselin – Ref. to Ord.
Parking – Prospect Street/East Haverhill Streets – 20 minute parking –
Council Pres. Blanchette – Ref. to Ord.
Jet Skis – City Council to consider the possibility of implementing an ordinance to
Prohibit the use of Jet Skis in the Merrimack River in the City of Lawrence –
Barbara Gonzalez Beals – Ref. to Ord.
Massachusetts Alliance of HUD Tenants – requests a Home Rule Petition to adopt
Protections for Lawrence’s governmentally – involved housing stock –
Counc. Alvarez-Rodriguez – Ref. to Housing
Disposition of Lot X (Water Street) to the Boys and Girls Club of Lawrence –
Daniel McCarthy, Land Use Planner – Ref. to Housing
XI. ADJOURNMENT:
Upon Motion of Councilor Gonzalez duly seconded by Councilor Parolisi, the
230
ADJOURNED
(10:39p.m.)
Attest:
William J. Maloney
City Clerk
231
DATE: Tuesday, June 19, 2007
A REGULAR MEETING of the City Council was held on Tuesday, June 19, 2007
at 7: 10 p.m. in the City Council Chamber with all Members present except for Councilor
Silva who arrived at 7:16 pm. Council President Blanchette presided over the meeting.
Approximately Sixteen [16] persons were present.
Thomas Casey 34 West Beacon Street, Lawrence, MA spoke of the lack of
construction employment opportunities for Lawrence residents.
Kathy Felson, business owner at 570 Broadway, Lawrence, MA asked the City
Council to consider the Smart Growth Zoning Ordinance.
Councilor DiMarca presented a motion to take document #194/07 out of the order
appearing on the agenda. The motion was duly seconded by Councilor Parolisi and
unanimously approved by the Council Members present [8-0]. [Councilor Silva arrived @
7:15 pm.]
Doc.194/07: Resolution – Donna Schiebel – Councilor Gosselin – Presented
232
The resolution was presented by Councilor Gosselin and the recipient of the
resolution, Donna Schiebel thanked her team and City Council.
Councilor Gonzalez presented a motion to take document #198/07 out of the order
appearing on the agenda. The motion was duly seconded by Councilor Alvarez-Rodriguez
and unanimously approved by the Council Members present [9-0].
Doc.198/07: Resolution – Fernando Landor – Councilor. Alvarez-Rodriguez-Presented
The resolution was presented by Councilor Alvarez-Rodriguez. Mr. Landor thanked
President Blanchette and Vice President Frechette for their hard work. He also thanked the
people of the Lawrence Community Works for the work they do.
Doc. #34/07: Arlington Mills Smart Growth District – Tabled - Letter
proceedings and noted the document is being presented for a Public Hearing a second time.
He invited anyone who wished to be heard to present themselves before the Council
Members.
Planning Director Mike Sweeney provided general information about the proposed
zoning amendment. He discussed the transfer of the real property location from Malden
Mills to the present owner through the bankruptcy process. Director Sweeney suggested that
233
the Council Members “table” the measure after the hearing conducted presently in order to
allow the Planning Department Officials to contact the new owners because there has been
no communication with the new owner despite repeated efforts.
Council President Blanchette asked Director Sweeney to advise about the extent of
the contract to date. Director Sweeney stated that there has been very little direct contact
from the current owners. President Blanchette asked if direct communication from the City
Council would be of some benefit. Director Sweeney agreed. Council President Blanchette
commented about the necessity of have Winn Industries involved in the matter.
Upon being granted the floor, Councilor Kolofoles stated that Ms. Telson may not
have had sufficient opportunity to speak. Ms. Telson stated she may have additional
questions as discussion progresses.
Upon being granted the floor, Councilor DiMarca stated that the Planning Department
should be conducting “work place” development. Councilor DiMarca recounted the history
of the Malden Mills campaign over the years. He stated that unfortunately the jobs provided
by Malden Mills may be lost to Lawrence residents and the proposed project may not be
sufficient to sustain the people.
Upon inquiry by Council Vice President Frechette, Director Sweeney discussed and
explained the 40R application process. Director Sweeney also described the development
process expected to take place. He stated that Winn Development Co., has not been selected
234
as developer and that it is incumbent upon the owner to participate in the selection of a
developer.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that it may be
beneficial to “table” the matter to allow the Planning Department the opportunity to contact
and reach the current property owner and to allow her to review the purpose and intent of the
petition. Upon inquiry, Land Use Planner Dan McCarthy discussed the residential and
business make-up of the typical 40R area which is generally “mixed use”. A discussion
about the ability of existing businesses along Broadway ensued. Land Use Planner Dan
McCarthy stated that the proposed project would provide total public access to all existing
areas and at no time was a “gated community” concept suggested or pursued. Mr. McCarthy
answered questions about the proposed design & development standards of the proposed
construction. He described the “overlay” concept and stated that existing businesses will be
allowed to remain if the zoning amendment is approved.
Upon inquiry Director Sweeney stated that the purpose of the project in regards to
housing stock is to create affordable housing rather than condominium units. Mr. Sweeney
further explained that the new owner may have other “intentions” about providing working
class housing which needed to be explored cautiously.
As a point of inquiry Councilor DiMarca asked the Land Use Planner, Dan McCarthy
that conditions with developers hired included assurances that Lawrence residents be hired.
Upon being granted the floor, Councilor Kolofoles asked Land Use Planner Dan
McCarthy if the City is actively soliciting 40R developers. Director Sweeney stated that the
Planning Office is not actively soliciting developers but efforts are being employed to seek
235
advice and assistance of developers who may be interested in the future. Councilor
Kolofoles asked Director Sweeney questions about how the $600,000.00 should be
generated. Director Sweeney stated that the funds would be approved and paid by the State
but it was too early to reach any conclusions or time frame until the 40R request is approved.
Councilor Kolofoels commented that any development should increase the tax base first.
Director Sweeney explained that the plan for housing stock has always been to construct
individual residential units and not condominiums.
Upon inquiry from Councilor Gosselin, Director Sweeney informed the Council
Members that his office has interfaced with Methuen City Officials concerning the plans and
expected input of the development of the area. Councilor Gosselin posed several questions
about the manner of submitting a 40R application and obtaining final approval. She asked
Director Sweeney if the proposed 40R development involves a request for funding from the
City Of Lawrence. Director Sweeney stated that he is unable to determine the future
appropriations of any funding and stated that there may be a request for tax credits all of
which the city Council will have to approve before expenditure. Councilor Gosselin
suggested that sufficient oversight in regard to financing be employed.
Upon being granted the floor, Councilor Parolisi inquired of Director Sweeney about
any financial investment by the city. Director Sweeney stated this is not an “investment
requirement” but explained there is a 20% build-in requirement to the development. Director
Sweeney explained that there is no guarantee for employing Lawrence residents when asked
by Councilor Parolisi. Director Sweeney stated that despite possible restrictions imposed by
the State upon employee hires, individual contractor agreements may be drafted to include
236
such arguments. A discussion ensued about the use and inclusion of area landmarks and
locations such as Stevens Pond and Manchester Street.
Upon being recognized Councilor DiMarca discussed the ongoing Covanta
Development Project and the breath of the proposed project.
Upon inquiry by Councilor Gonzalez Director Sweeney stated that testing for
contaminant was performed and it appears that the land in that area would be available to
build housing.
Members present to consider the matter presented. Upon motion of Councilor Kolofoles, as
[9-0] to table the measure and send a letter to the new owners.
Doc. 34/07: Tabled-Letter
IV: Communication from Mayor, City Officials & City Attorney:
Doc.193/07: Budget - Request for 30-Day Budget – Mayor Sullivan-Ref. to Budget &
Finance
Council President Blanchette introduced the measure and suggested the measure is
necessary.
Upon being recognized Councilor Alvarez-Rodriguez presented a motion to have the
matter declared an emergency measure. The motion was seconded by Councilor Gonzalez
and a discussion on the item among the Council Members ensued.
237
Upon being granted the floor, Councilor Frechette suggested to send the measure to
the Budget and Finance Committee for review. He stated he did not agree with the proposed
30-day budget submitted.
Councilor DiMarca agreed with Councilor Frechette suggesting that the matter be
handled as suggested by the Administration.
Upon being recognized Councilor Alvarez-Rodriguez stated that she believes the
matter should be approved as an emergency.
Being granted the floor, Councilor Parolisi stated that there may be adjustments to the
proposed 30-day budget.
Upon being recognized Director Sweeney stated that the administration shares the
concerns of Council and explained that the proposed 30-day budget would adequately meet
the financial needs of the city.
Upon vote of the Council Members present, the motion to declare the item an emergency was
defeated as follows: 3-YES; 6-NO;
Councilor Nicholas Kolofoles - No
238
Based upon the request for further proceedings, the matter was referred to the Budget
& Finance Committee by Council President Blanchette.
Upon being recognized Councilor Kolofoles presented a motion to reconsider the
vote which was duly seconded by Councilor Alvarez-Rodriguez and defeated by vote of the
Council Members present as follows: 4 = YES; 5 = NO;
Doc.193/07: Ref. to B & F
Doc.174/07: Appropriation Transfer - $4,700 from Planning to Zoning - Budget and
Finance Committee – Approved
report of the Budget and Finance Committee to approve the measure presented. The report
was presented in the form of a motion, seconded by Councilor Kolofoles and unanimously
approved by the Council Members present [9-0] for the Appropriation Transfer of $4,700
from Planning to Zoning.
239
Doc.181/07: Appropriation Transfer – from Land Court to Litigation - $95,000.00 –
Charles D. Boddy, City Attorney-Ref. to B & F
Doc.195/07: Resolution – LHS Valedictorian – Karina Ovalles – Conc. AlvarezRodriguez – Tabled
Council President Blanchette introduced the next item as appearing on the agenda.
Councilor Alvarez-Rodriguez presented a motion to table the measure presented. The motion
was seconded by Councilor Gonzalez and unanimously approved by the Council Members
present [9-0].
Doc. 195/07: Tabled
Doc.196/07: Resolution – LHS Valedictorian –Cristina Ovalles – Conc. AlvarezRodriguez-Tabled
present [9-0].
Doc. 196/07: Tabled
Doc.197/07: Resolution – LHS Salutarian – Tu Le – Conc. Alvarez-Rodriguez-Tabled
present [9-0].
Doc. 197/07: Tabled
240
Doc.170/07: Verizon – Request to place underground electric conduits on Avon Street –
Ord. Comm. - Public Hearing Ordered
report was presented in the form of a motion, seconded by Councilor Parolisi and
Doc.170/07: Public Hearing Ordered
Doc.155B&C/04: High School Project – alteration and discontinuance – Ord. Comm. –
Withdrawn
report of the Ordinance Committee to withdraw the measure presented. The report was
presented in the form of a motion, seconded by Councilor Gonzalez and unanimously
Doc. 155B&C/04: Withdrawn
Doc.164/07: Handicapped Parking – 11 Byron Avenue – removal of ordinance – Ord.
Comm. - Approved
approved by the Council Members present [9-0] to remove the ordinance regarding the
Handicapped Parking Sign at 11 Byron Avenue.
241
Doc.168/07: Bread and Roses – Use of Campagnone Common Park on 9/3/07 – Ord.
Comm. - Approved
presented in the form of a motion, seconded by Councilor DiMarca and unanimously
approved by the Council Members present [9-0] to grant Bread and Roses use of the
Campagnone Common Park on Sept. 3, 2007.
Doc.169/07: Old Gold Dealer License – Julio Rolando Ormaza – Ord. Comm. –
Approved
presented in the form of a motion, seconded by Councilor DiMarca and unanimously
approved by the Council Members present [9-0] to approve Julio Rolando Ormaza’s Old
Gold Dealer License.
Doc.171/07: Christian Missionary Church – Permission to use the Campagnone
Common Park – For religious services on July 21st and 22nd & Aug. 25th and August
26th – Ord. Comm. - Approved
approved by the Council Members present [9-0] to approve Christian Missionary Church
242
Permission to use the Campagnone Common Park for religious services on July 21st and 22nd
and Aug. 25th and Aug. 26th.
Doc.172/07: Technical Sports Assoc. of Lawrence – Request permission to use the
Campagnone Common Park – Ord. Committee – Approved- Pending sign-offs.
report of the Ordinance Committee to approve the measure presented pending sign offs. The
unanimously approved by the Council Members present [9-0] to grant Technical Sports
Association of Lawrence’s request for permission to use the Campagnone Common Park for
the Eight Annual Walkathon to be held on July 29, 2007.
Doc.173/07: 25 Marston Street – Tax Increment Financing Plan – review – Budget and
Fin. Committee – Approved
was presented in the form of a motion, seconded by Council Vice President Frechette .
Upon a call for discussion Councilor Alvarez-Rodriguez asked Director Ezra Glenn
to describe and explain the measure. Director Glenn explained the T.I.F. application and the
expected benefits to the applicant and the community. Councilor Alvarez-Rodriguez posed
several questions to Director Glenn concerning the specific values of the property subject to
the application and the tax assessment from its base to final assignment. Director Glenn
explained. Upon inquiry, Director Glenn stated that the incentive for the city to approve the
243
T.I.F. presented will allow the City to obtain additional revenue over the course of the
agreement. Director Glenn also stated that the capital investment completed by the owner
will remain.
Upon invitation Mr. Luis Yepez, owner of the property, business location and
applicant provided history and background information concerning his company and its interrelation with other business and institutions.
Upon being granted the floor, Councilor DiMarca stated that he supports the approval
of the application presented and offered praise to Mr. Yepez for his efforts to develop jobs
and business in Lawrence.
Upon vote of the Council Members present, the measure was approved as follows: 8-YES;
1-NO;
Doc. 183/07: Disposition of Lot X (Water Street) to the Boys and Girls Club of
Lawrence – Daniel McCarthy, Land Use Planner – Approved
presented the report of the Housing Committee to accept the report presented without
244
recommendation. The report was presented in the form of a motion and seconded by
Upon a call for discussion Councilor Alvarez-Rodriguez presented a motion to
approve the measure as seconded by Councilor Gonzalez.
At the request of Councilor Alvarez-Rodriguez, Land Use Planner Dan McCarthy
and Planning Director, Mike Sweeney presented the proposed development and use of the
Real Property as a playground.
Council President Blanchette thanked the Planning Department and Housing
Committee for taking this item expeditiously.
Upon inquiry of Councilor Kolofoles, G.L.C.A.C. representative described the
proposed development of the site for use as a playground.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked about child
security to assure they do not have inadvertent access to the Merrimack River.
Council President Blanchette called the motion with conditions [1-with subdivision plan to
merge parcels to record with ? 2- No structure be built on the lot] to the attention of the
Council Members. The Council Members present, voted unanimously [8-1; Councilor Silva
absent from chamber] to approve the Disposition of Lot X (Water Street) to the Boys and
Girls Club of Lawrence.
245
VII. WITHDRAWALS:
Doc.146/07: Andover Street – request one way from Shawsheen Road to Andover St. –
Ord. Committee – Withdrawn
Committee. The motion was seconded by Councilor Gossselin and Council Members
present voted unanimously [8-0] to withdraw the following matter from the City Council
Agenda. [Councilor Silva absent from chamber]
Doc. 257/06: Resolution – Dr. Claire Paradiso – Withdrawn
Councilor Alvarez-Rodriguez presented a motion to remove the item from the table
which was seconded by Councilor Kolofoles and unanimously approved by the Council
Members present [8-0]. [Councilor Silva out of Chamber] Councilor Alvarez-Rodriguez
moved to withdraw the item from the Council Agenda which was seconded by Councilor
Kolofoles and unanimously approved [8-0] by the Council Members present. [Councilor
Silva out of Chamber]
Doc. 161/07: Greater Lawrence Technical School – Daniel Fleming – resignation letter
– Letter of interest
seconded by Councilor Parolisi and unanimously approved by the Council Members present
[8-0]. [Councilor Silva absent from Chamber]
246
Upon being recognized Councilor Frechette asked Council President Blanchette to
order a joint meeting. Council President Blanchette described his plans to meet with Mayor
Sullivan and discussed the schedule. A discussion ensued about the expected process.
Councilor Frechette presented a motion to advertise for letters of interest to be
submitted by July 6, 2007 to the City Clerk’s Office. The motion was seconded by Councilor
DiMarca and unanimously approved by the Council Members present [8-0]. [Councilor
Silva absent from Chamber]
On motion of Councilor Frechette seconded by Councilor Parolisi the measure was
re-tabled and unanimously [8-0] approved by the Council Members present. [Councilor
Silva absent from Chamber]
Doc. 161/07: Letter of interest
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
309/05
161/07
Municipal Code
Greater Lawrence Technical School – Daniel Fleming – resignation letter
X. NEW BUSINESS:
247
Council Members present and referred each to the Council Subcommittee as
indicated:
185/07
186/07
187/07
188/07
189/07
190/07
191/07
192/07
Acceptance of Birch Drive (beyond Saratoga Terrace) – Frank S. Giles, P.L.S. – Ref. to
Ord.
Handicapped Parking – 1 Bailey Street – Khan Khom – Ref. to Ord.
Handicapped Parking – 21 Lawrence Street (possible on the Common Street Side)Counc. Silva – Ref. to Ord.
Grants – Possibility of an Ordinance that will require City Council Approval for a better
Accountability of funds – Counc. Silva – Ref. to Ord.
Lawrence National Night Out 2007 – Harold D. Magoon, Program Director –
Lawrence/Methuen Community Coalition – Ref. to Ord.
Saint Alfio Society – requests permission to conduct its 84th Annual Feast of the Three
Saints on Labor Day Weekend from Aug. 31st to Sept. 2nd, 2007- Jack A. Roy, Treasurer
– Ref. to Ord.
St. Alfio Villa – 35 Common Street – New Crosswalk and Pedestrian Sign – Councilor
Silva – Ref. to Ord.
National Grid – request permission to locate poles, wires and fixtures on Marion Avenue
– Ref. to Ord.
XI. ADJOURNMENT:
ADJOURNED
(9:30p.m.)
Attest:
William J. Maloney
City Clerk
248
MINUTES OF THE SPECIAL MEETING
DATE: Friday, June 29, 2007
A SPECIAL MEETING of the City Council was held on Friday, June 29, 2007 at
6: 05 p.m. in the City Council Chamber with all Members present except Councilor
Gonzalez, Councilor Silva who arrived at 6:30 pm., and Councilor Alvarez-Rodriguez who
arrived at 7:30 p.m. Council President Blanchette presided over the meeting.
In the absence of William J. Maloney, City Clerk, Ms. Patricia Waters transcribed the
minutes of the meeting.
I. ACCEPTANCE OF MINUTES: - None.
II._PUBLIC PARTICIPATION: None.
Doc.193/07: Budget - Request for 30-Day Budget – Mayor Sullivan-Ref. to Budget &
Finance
Council President Blanchette called the Special Meeting of the City Council to order
and explained the purpose as a necessary measure to consider the proposal submitted by
Mayor Sullivan requesting the City Council Members to approve a thirty day budget.
report of the Budget and Finance Committee on the measure stating that it was being sent to
the Full City Council without a recommendation. The measure was presented by Councilor
Parolisi in the form of a motion for the approval of a thirty day budget. The motion was
seconded by Councilor Kolofoles.
Upon being recognized by Council President Blanchette, Fire Chief Peter Takvorian
stated that a transfer from the “Overtime Account” to the “Fire Suppression Account” in the
249
[Friday, June 29, 2007]
amount of $389,563.00 was necessary. He urged the Council Members to approve the
measure presented and to approve all fee increases recommended by the Fire Department.
Deputy Fire Chief Jack Bergeron spoke in support of the position presented by Fire Chief
Takvorian.
Upon being granted the floor, Mayor Michael Sullivan informed the Council
Members that a thirty day operational budget, if approved, will allow the City of Lawrence to
remain functional as of July 1, 2007.
[Councilor Silva arrived at 6:30 p.m.]
Upon being recognized, Councilor Frechette pointed out to Mayor Sullivan and the
Council Members that there appeared to be discrepancies between the proposed FY 2008
Budget figures being presented for approval and the “year to date” costs and expenses. He
stated that the FY 2008 proposed Budget amounts are higher in all departments. Councilor
Frechette stated that an amount of $100,000.00, if still available, be transferred from the
Mayor’s proposed budget and used to provide for public safety costs. In response, Mayor
Sullivan informed the Council Members that this amount has been removed from the
Mayor’s proposed budget. Upon request of Councilor Frechette, Mayor Sullivan stated that
he would provide the City Council Members with information pertaining to the free cash
account.
Upon no further comment or discussion offered or presented, Council President
Blanchette requested the Council Members to consider the motion presented for the approval
of a thirty day budget. Upon a roll call vote of the Council Members, the measure was
defeated by failing to obtain six affirmative votes as follows [YES = 5;
250
NO = 2; ABSENT = 2].
Councilor Nilka Alvarez-Rodriguez - Absent
Council Vice President Gil Frechette - Yes
Council President Patrick Blanchette – Yes
Doc. 193/07 – Thirty day Budge [July 2007] – defeated.
A discussion ensued among the Council Members present concerning the costs that a
thirty day budget would meet if approved.
Upon being recognized, Mayor Sullivan explained that the monies to be expended by
the proposed thirty day budget would barely keep the City operational. Upon inquiry by
Councilor Silva, Mayor Sullivan explained the necessity to provide for payment of on-going
contracted services.
Upon no further discussion or inquiry concerning the matter, Councilor Parolisi
presented a motion to recess the Council Meeting at 7:15 p.m. which was seconded by
Councilor Gosselin and unanimously approved by the Council Members present.
RECESS @ 7:15 P.M.
Upon a motion to terminate the recess presented by Councilor Parolisi, seconded by
Councilor Frechette and unanimously approved by the Council Members present, the City
Council Meeting resumed proceedings at 7:30 p.m.
[Councilor Alvarez-Rodriguez arrived at 7:30 p.m.]
251
Council President Blanchette stressed the importance of keeping the City operational
into the new fiscal year which would be possible with the approval of a thirty day budget as
submitted by Mayor Sullivan. He commented that if anyone on the prevailing side of the
vote previously defeating the thirty day budget were to present a motion to reconsider the
matter, then the issue could be presented for further consideration.
Upon being recognized, Councilor Silva commented that she believes the Council
Members are inefficient in their deliberation of the matter presented much in the same way
that the public perceives employees of the City of Lawrence are working inefficiently. She
commented that it will be Council President Blanchette’s fault if a thirty day budget is not
approved.
Upon being recognized, Councilor DiMarca presented a motion to reconsider the vote
to defeat the approval of a thirty day budget as a voting member of the prevailing side in
regard to the vote to defeat the measure entered earlier. The motion was seconded by
Councilor Parolisi and approved by the Council Members present as follows [YES = 7; NO =
1; ABSENT = 1]:
Council Vice President Gil Frechette – Yes
Councilor Joseph Parolisi – Yes
Doc. 193/07 – Reconsideration approved
252
In regard to reconsideration of the measure, Council President Blanchette. explained
that a thirty day budget, if approved, would allow or ordinary maintenance and paychecks to
employees to be paid over the course of the next thirty days.
Upon being recognized, Councilor Silva entered a Charter Objection pursuant to
Section 3.8 (c) of the Lawrence City Charter. Councilor Silva stated that the Charter
Objection by rule should end all discussion on the matter until the next sitting of the City
Council. Councilor Kolofoles seconded the motion.
Council President Blanchette stated the Chair does not recognize the Charter
Objection entered as it is procedurally defective. He stated that the provisions of Section 3.8
(c) require that a properly presented Charter Objection must be entered on the first occasion
the question is put to the City Council. Since the matter was previously before the City
Council, a Charter Objection is inappropriately interposed. He also stated that the vote of
four or more Council Members would be necessary to terminate a vote taken on the measure.
Since neither situation applies, the Charter Objection is not applicable.
Without further comment or discussion offered or presented by the Council Members
present, Council President Blanchette called the motion for approval of a thirty day budget
for the consideration and vote of the Council Members present. The Council Members voted
to approve a thirty day budget as presented upon the following vote.
YES = 6; NO = 2; ABSENT = 1:
253
Council Vice President Gil Frechette - Yes
Doc. 193/07 – Thirty day Budge [July 2007] – approved.
IV. WITHDRAWALS: None.
V. OLD BUSINESS: None.
VI. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
309/05
161/07
34/07
195/07
196/07
197/07
Municipal Code
Arlington Mills Smart Growth District – hearing held
Resolution – LHS Valedictorian – Karina Ovalles
Resolution – LHS Valedictorian – Cristina Ovalles
Resolution – LHS Salutarian – Tu Le
VII. NEW BUSINESS: - None.
VIII. ADJOURNMENT:
Upon Motion of Councilor Gosselin as seconded by Councilor Kolofoles, the Council
ADJOURNED
(7:40p.m.)
Attest:
William J. Maloney
City Clerk
254
DATE: Tuesday, July 17, 2007
A REGULAR MEETING of the City Council was held on Tuesday, July 17, 2007
Approximately Seventy-Five [75] persons were present.
of City Council Meetings conducted May 15, 2007, June 5, 2007, June 19, 2007 and June 29,
2007 were submitted by the City Clerk for consideration and acceptance of the City Council
Members.
Upon the motion of Councilor DiMarca to accept the minutes as presented duly
seconded by Councilor Parolisi, the Council Members present voted unanimously [9-0] to
accept the minutes presented by the City Clerk for approval.
The City Clerk informed the Council Members that the minutes of the Council
Meeting held on June 29, 2007 were corrected to accurately reflect the Council Members
appearing “present” and those Members who may have arrived “late”,
255
[Tuesday, July 17, 2007]
Cristobal Ramos, 1 Farnham Street, Lawrence, MA spoke in opposition to an increase
in City taxes.
Alicia Lugo, 121 Berkeley Street, Lawrence, MA stated that she almost lost her
property due to high taxes and high water bills. She spoke against approving the City Budget.
Andres Castillo, 80 Blanchard Street, Lawrence, MA spoke in opposition of any
increase in taxes or utilities.
Franklin Fernandez, 185 Water Street, Lawrence, MA spoke in opposition of an
increase in taxes.
Maria Rodriguez, 473 Hampshire Street, Lawrence, MA spoke in opposition of
property tax increases.
Lindy Galland, “District C”196 West Street, Lawrence, MA stated that Lawrencians
cannot afford paying higher taxes. She stated that the conditions of the sidewalks are
deplorable.
Wendy Taveras, 34 Whitman Street, Lawrence, MA discussed the terrible social
issues facing the city. She spoke against any increase in property taxes or utilities.
Clyde Hall, property owner at 10 Grafton Street, Lawrence, MA spoke of flooding
that occurred on July 5, 2007 and stated that the problem recurs and needs to be addressed to
prevent it in the future.
Dennis Deshanares, 10 Grafton Street, Lawrence, MA stated that Police and
Firefighters should not be cut from the proposed FY 2008 Budget.
Patria Rodriguez, 340 South Broadway, Lawrence, MA stated that high taxes and
utilities make it financially difficult to continue to live in Lawrence.
256
Oneida Aquino, 32 Highlawn Ave., Lawrence, MA spoke in opposition to an increase
in taxes.
Barbara Gonzalez, 20 Dartmouth Street, Lawrence, MA asked the Council to send the
FY 2008 Budget back to the Mayor.
Nina Cruz, 36 Swan Street, Lawrence, MA complained that the rent she receives for
housing qualified tenants will not increase if taxes increase on property she owns and that she
will be responsible to pay any increase.
Newton De La Cruz, 8 Cranshaw Place, Lawrence, MA stated the streets are in poor
condition and have not been repaired despite his repeated complaints. He spoke in
opposition to any increase in taxes or utilities.
Genevieve Bard, 14 Ferguson Street, Lawrence, MA presented a petition to declare
Ferguson Street as a resident parking street.
Bill Collins, 1 Platt Court, Lawrence, MA spoke in favor of establishing a Finance
Control Commission pursuant to General Laws, Chapter 268A.
Barbara Torres, Greenfield Street, Lawrence, MA spoke in favor of dedicating Salem
and Broadway Streets in the name of Admiral William A. Sullivan [Doc. 206/07]
Thomas Casey, 34 West Beacon Street, Lawrence, MA spoke in support of
employment opportunities for Lawrence residents in construction jobs. He stated that the
wages of Lawrence residents are very low and without benefits.
Marcos Devers, 16 Woodland Street, Lawrence, MA spoke in opposition to an
increase in taxes and utilities.
Mark Gray, 159 Carleton Street, Lawrence, MA spoke against an increase in taxes.
257
Upon being recognized Councilor Kolofoles presented a motion to take document
#208/2007 and #209/07 out of the order appearing on the agenda. The motion was duly
seconded and unanimously approved by the Council Members present [9-0].
III. NEW BUSINESS:
Councilor Kolofoles further presented a motion to have Doc. 208/07 declared an
emergency measure and to suspend the Rules of the City Council in order to address the
matter. The motion was seconded by Councilor Alvarez-Rodriguez and the Council
Members voted to declare Doc. # 208/07 an emergency measure by the following vote: 8Yes; 1-No
Doc. 208/07: Dominican Parade Committee – request permission to use the
Campagnone Common Park and Appleton Way on 8/18 & 8/19/07 from 10:00 a.m. to
11:00 p.m. for their 8th Annual Dominican Parade – Dario Silverio, Secretary – Ref. to
Ord.
Upon being recognized, Councilor Kolofoles presented a motion to approve the
measure, pending completion and filing of the proper approvals. The motion was seconded
by Councilor Alvarez-Rodriguez. A brief discussion ensued amongst some of the Council
Members concerning the matter presented. After completion of discussions, Councilor
Kolofoles presented a motion to withdraw his motion for approval which was seconded by
Councilor Alvarez-Rodriguez. Councilor Kolofoles further moved to reconsider his motion
258
to treat the pending measure as an emergency. The motion was seconded by Councilor
Frechette and unanimously [9-0] approved by the Council Members present. Thereupon,
Council President referred the measure for further action before the Ordinance Committee.
Doc. 208/07: Ref to Ord.
Doc.170/07: Verizon New England, Inc. – request permission to place underground
conduit on Avon Street –Hearing held - Approved
proceeding and invited anyone who wished to be heard to present themselves before the
Council Members.
Robert Grassia, a representative for Verizon New England, Inc., spoke in favor of the
petition and explained the extent of work to be performed as provided in the petition.
Upon being recognized, Daniel Rooney of Lawrence, MA suggested that that Verizon
be required to contact each household individually before beginning the work to be
peformed.
Upon being recognized, Carlos Matos of Lawrence, MA addressed the Council and
stated that DPW should be contacted if any inconvenience may result from the work being
performed.
259
Upon being recognized, Councilor Kolofoles presented a motion to approve the
measure as seconded by Councilor Frechette.
Upon a call for further inquiry, Councilor Alvarez-Rodriguez asked Mr. Grassia how
long the work would take to complete. Mr. Grassia stated that the work would take
approximately one day. Councilor Alvarez-Rodriguez suggested that the work not be
performed during rush hour and that the street be repaired properly after the work is
completed.
Upon being granted the floor, Councilor Kolofoles asked several questions of Mr.
Grassia concerning the proposed work to be performed.
Upon the prior motion to approve the measure presented by Councilor Kolofoles, as
seconded by Councilor Frechette, the Council Members present voted unanimously
[9-0] to approve the measure.
Doc. 215/07: Massachusetts Department of Revenue – Municipal Calendar Question of
the possibility of “Adoption of Calendar” – Councilor Silva –
Ref. to Ordinance Committee
Councilor Silva addressed the Council Members concerning The Department of
Revenue’s [hereinafter DOR] available Municipal Calendar. A discussion ensued between
Councilor Kolofoles and Councilor Silva regarding the matter.
260
Upon being granted the floor, Councilor DiMarca discussed whether the provisions
are addressed by the City Charter.
Upon being recognized Councilor Alvarez-Rodriguez stated she believed the
proposed calendar may assist the Council Members to timely present budget matters in the
future.
Council President Blanchette referred the matter to the Ordinance Committee.
Doc.215/07: Ref. to Ord.
Doc. 181/07: Appropriation Transfer – City Attorney’s Office - $95,000Budget and Finance Committee – Approved
report of the Budget & Finance Committee to approve the measure. The report was presented
in the form of a motion and seconded by Councilor Frechette.
Upon further discussion, Councilor Gosselin requested a list of appropriations subject
to transfer.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated the request being
presented concerns FY 2007 items.
Upon the prior motion to approve the measure presented by Councilor Parolisi,
seconded by Councilor Frechette, the Council Members present voted unanimously [8-1] by
voice vote to approve the measure as follows: 8 = YES; 0 = NO; 1 = ABSENT:
261
Councilor Kolofoles – Absent from Chamber
Doc.199/07: FY 2007 Invoice – Election Division - Legal Consulting Services – State
Primary Recount – Attorney Dennis Newman - $625.00 – William J. Maloney, City
Clerk – Ref. to Budget & Finance
Doc. 219/07: Appropriation Transfer – From Professional Services to Telephone $1,500.00 – Myles Burke, Commissioner of Inspectional Services Department – Ref. to
Budget & Finance
Doc. 223/07: Request to pay FY 2007 bills – Schwaab, Inc [46.99-Signature Stamp]Corporate Express [21.19-Office Supplies]-Eagle Tribute [524.43-Advertising]- William
J. Maloney, City Clerk – Ref. to B & F
Doc. 184/07: FY’08 City Budget – Budget and Finance Comm. – Rejected & Sent Back
to Mayor
report of the Budget & Finance Committee to accept the report without a recommendation.
The report was presented in the form of a motion to accept the report as submitted which was
seconded by Councilor Frechette and unanimously accepted [9-0] by the Council Members
present.
Councilor Parolisi presented a further motion to order a Public Hearing on the
measure which was seconded by Councilor DiMarca.
262
Upon further discussion on the matter, Council President Blanchette stated that copies
of the newly submitted budget will be made and will be advertised in the local media. A
discussion among the Council Members ensued regarding the manner of public hearing and
the reason for presenting the proposed FY 2008 Budget.
Upon being granted the floor, Councilor DiMarca discussed whether or not changes
submitted after publication would be considered a newly proposed budget.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed removal of
$100, 000.00 for consultants to the Mayor’s Office. She also wanted to make sure that the
public understands the process that will be followed.
As a point of information, Councilor Kolofoles stated that the budget submitted today
still contains items that should not be contained in the budget.
Upon being granted the floor, Councilor Parolisi explained the reason behind sending
the matter to the full Council without recommendation is being done in order to present the
matter publicly as required. Councilor Kolofoles stated that be believes any changes should
be presented by the Administration in a separate document.
Council President Blanchette reminded the Council Members that a Public Hearing is
a legal requirement in the consideration process.
Upon being granted the floor, Councilor Gosselin stated that she believes the
“revised” budget “is not revised”. She stated that a Public Hearing requires meaningful
review of the proposed budget by the public before a hearing can take place.
Upon being granted the floor, Councilor Frechette stated that the time to order a
public hearing is when the Council receives the proposed budget document. He stated that he
263
does not believe the document submitted to the Council as a newly proposed budget by the
Administration fails to sufficiently specific revenue sources.
Upon being granted the floor, Councilor Silva agreed with Councilor Frechette that 6
weeks of subcommittee deliberations is too long. She stated that recommendations for
changes and amendments that occur at the subcommittee level should be presented for public
consideration at the public hearing.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that the Budget
and Finance recommendation for “changes” and “amendments” is not a mere technicality and
should be addressed. She discussed some areas of amendments that are not reflected in the
budget document presented to the Council by the Mayor.
Upon being granted the floor, Councilor DiMarca stated that page 60 regarding
“Police Vehicles” shows “$0.00” while an actual purchase of $120,000.00 for 5 new Crown
Victorias should be shown.
Upon being recognized, Councilor Frechette presented a motion to reject the Budget
and send it back to the Mayor. The motion was seconded by Councilor Gonzalez.
A discussion ensued among Council Members concerning the possibility of
communicating reasons to the Mayor for rejecting and returning the document.
Upon no further discussion or comment by the Council Members present, Council
President Blanchette requested the Council Members to consider the motion offered by
Councilor Frechette as seconded by Councilor Gonzalez. The Council Members present
voted to reject the proposed budget and return it to Mayor Sullivan for revision by the
following vote: 7-Yes; 2-No
264
Doc. 184/07: FY 2008 Budget Rejected and Returned to the Mayor
Doc.110/07: Zoning Ordinances – Proposed revision Open Space Conservation –Ord.
Comm. & Hearing to be ordered – Public Hearing Ordered
report was presented in the form of a motion to order a public hearing which was seconded
by Councilor Silva and unanimously approved by the Council Members present [9-0].
Doc. 189/07: Lawrence National Night Out 2007 – Riverfront Park – Approved
report of the Ordinance Committee to approve the measure presented, pending Mr. Magoon
attending the Full City Council Meeting. The report was presented in the form of a motion to
approve the measure which was seconded by Councilor Alvarez-Rodriguez and unanimously
Doc. 35/07: Dedication of Highgate Street – Housing Committee – Approved
265
presented the report of the Housing Committee to approve the measure presented. The report
was presented in the form of a motion to approve the measure presented and seconded by
Upon no comments, discussion or inquiry by the Council Members present, Council
President Blanchette requested the Council Members to consider the matter presented. Upon
vote of the Council Members present, the measure was approved as follows: - 8-YES; 0-NO;
1-PRESENT
Councilor Kolofoles - Present
Doc.180A/07: Home Rule Petition – Massachusetts Alliance of HUD Tenants - Housing
presented the report of the Housing Committee to approve the measure presented. The report
was presented in the form of a motion and seconded by Councilor Gonzalez.
Upon further discussion, Councilor Alvarez-Rodriguez explained the reason for
requesting the matter be approved as a home rule petition. A discussion ensued concerning
prior petitions submitted in 2006 regarding the same matter.
266
Upon being granted the floor, Councilor Frechette discussed the changes or other
matters regarding the Home Rule Petition. He suggested that the owners of the building
should be contacted and heard prior to approval.
Upon being recognized, Councilor Alvarez-Rodriguez stated that time is of the
essence on this matter and discussed additional reasons for presenting a home rule petition.
Upon being granted the floor, Councilor DiMarca stated that he recalled the prior
hearings on the measure and stated it is important to have someone from the Lawrence
Housing Authority present.
Upon being granted the floor, Councilor Kolofoles discussed the procedural history of
the prior submission and stated his support of the measure.
Upon vote of the Council Members present, the measure was approved as follows: -8-YES;
1 -NO;
Council Pres. Patrick Blanchette – Yes
Doc. 180A/07: Approved
VIII. WITHDRAWALS:
267
for withdrawal from the Council agenda. The motion was seconded by Councilor DiMarca
and Council Members present voted unanimously [9-0] to withdraw the following matters
from the City Council Agenda:
71/07
98/07
114/07
176/07
177/07
185/07
192/07
Weapons Policy – Executive Order – Ord. Comm. - Withdrawn
El Cesar Restaurant & Bar – chairs and tables on sidewalk – Ord.
Committee - Withdrawn
Falls Bridge – repairs – Ordinance Committee - Withdrawn
Veteran’s Memorial Stadium – Veteran’s Walk – Ord. Comm. Withdrawn
Former Saunders School – proposed use for groups – Ord. Comm. Withdrawn
Acceptance of Birch Drive beyond Saratoga Terrace – Ord. Comm. Withdrawn
National Grid – request permission to locate poles, wires and fixtures
on Marion Ave. - Ord. Comm. – Withdrawn
IX. OLD BUSINESS:
Doc. 97/07: Security Swipe Card – City Hall Employees –
Counc. Gosselin – Ref to Personnel
X. TABLED MATTERS:
Doc. 309/05: Surplus Declarations – 128 Newbury Street – Ref to Housing
seconded by Councilor DiMarca and unanimously approved by the Council Members present
[9-0].
268
Upon no further action by the Council Members concerning this item, Council
President Blanchette referred the matter to the Housing Committee.
Doc. 309/05: Ref to Hsg. Cmt.
Doc.161/07: Greater Lawrence Technical School – Daniel Fleming –
resignation letter – Discussed - Tabled
[9-0].
Council President Blanchette explained the necessity of calling a joint meeting
composed of the Lawrence City Council Members and the Lawrence School Committee
Members due to a contractual agreement with the Greater Lawrence Technical School
District Cities and Towns which the City of Lawrence subscribes. He explained that the City
Attorney has reviewed the agreement and suggested certain procedural requirements be
followed in the course of selecting an individual to fill the vacancy on the Greater Lawrence
School Committee resulting from the recent resignation of Daniel Fleming.
After the above discussion, Councilor Alvarez-Rodriguez presented a motion to table
the item which was seconded by Councilor Kolofoles and unanimously approved by the
Doc.161/07: Tabled
Doc. 34/07: Arlington Mills Smart Growth District –
hearing held – Addressed - Tabled
[9-0].
269
Council President Blanchette addressed the matter and updated the Council Members
with the most current information concerning this item.
Upon completion of discussions, Councilor Alvarez-Rodriguez presented a motion to
table the item which was seconded by Councilor Parolisi and unanimously approved by the
Doc. 34/07: Tabled
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
161/07
34/07
195/07
196/07
197/07
Municipal Code
X. NEW BUSINESS:
Doc. 207/07: Employees Phones – Councilor Gosselin - Withdrawn
Upon being recognized, Councilor Gosselin presented a motion to withdraw Doc.
207/07 from the City Council Agenda. The motion was second by Councilor Kolofoles and
unanimously voted upon by the Council Members present [9-0].
270
Doc. 209/07: Your Gym on Wheels LLC – request to use the Campagnone Common
Park from July 17th to August 28th, 2007 on Tuesday nights from 6:00 p.m. to 7:00 p.m.
–Ramon Salomon, President-Approved
Upon being recognized, Councilor Alvarez-Rodriguez presented a motion suspend
the Rules of the City Council and address the matter as an emergency measure. The motion
present [9-0].
Upon being recognized, Councilor Alvarez-Rodriguez presented a motion to approve
the item which was seconded by Councilor Gosselin and was unanimously approved by the
THE FOLLOWING ITEMS WERE ADDED AND ADDRESSED AT THE MEETING
Doc. 224/07: Cosecha Borincana-request to use Campagnone Common – Puerto Rican
Cultural Festival – July 29, 2007 – Domingo Melendez, President – Approved
Upon being recognized, Councilor Alvarez presented a motion to suspend the Rules
of the City Council and address the matter as an emergency measure. The motion was
[9-0].
Councilor Alvarez-Rodriguez then presented a motion to approve the item which was
seconded by Councilor Gonzalez and unanimously approved by the Council Members [9-0].
200/07
201/07
Resident Sticker Parking – Ferguson Street – Counc. Gosselin-Ref. to Ord.
City Wide Survey – review of the recent – Counc. Parolisi – Ref. to Cmt. on the Whole
271
202/07
203/07
204/07
205/07
206/07
208/07
210/07
211/07
212/07
213/07
214/07
216/07
217/07
218/07
220/07
Traffic Study - New High School – Traffic flow – District F, bus routes, etc. –
Counc. Gosselin – Ref. to Ord.
Railroad – running of engines – (under South Union Street bridge) and complaints
of pollution – Counc. Gosselin – Ref. to Ord.
National Grid and Verizon New England, Inc – request permission to locate poles, wires
and fixtures on Canal Street – Ref. to Ord.
and fixtures on Park Street – Ref. to Ord.
Salem Street and Broadway Street Corner – request dedication in honor of Rear Admiral
William A. Sullivan, U. S. Navy – Counc. Gosselin – Ref. to Ord.
Dominican Parade Committee – request permission to use the Campagnone Common
Park and Appleton Way on 8/18 & 8/19/07 from 10:00 a.m. to 11:00 p.m. for their
8th Annual Dominican Parade – Dario Silverio, Secretary – Ref. to Ord.
Lawrence Police Department – Position – Deputy Chief (Ord. Section 2.56.111) Repeal
of Current Ordinances – Counc. Silva – Ref. to Ord.
Barrington Report and the Earnest and Earnest Report – Question of any current violation
by the City and the Civil Service (Legal Opinion) – Counc. Silva – Ref. to Pers.
Irving Avenue – new sidewalk between Lawrence and Jackson Streets – Counc. Silva –
Ref. to Ord.
Oak Street – between Short and Jackson Streets – eliminate current ordinance (Resident
Sticker Parking Only) – Counc. Silva – Ref. to Ord.
70 Myrtle Street (City Lot) request the area for a Recreation Park – Counc. Silva – Ref.
to Ord.
JAH Entertainment 3 on 3 Basketball Tournament – request permission to use the
Pemberton Park on 9/15 & 9/16/07 – Counc. Silva – Ref. to Ord.
Utility Lines and Poles – unsightly –(usage by various utility companies) –
Counc. Kolofoles – Ref. to Ord.
Plymouth Park Tax Services LLC – proposed contract – Michael R. Sweeney,
Planning Department Director – Ref. to B & F
Establishment of Finance Control M.G.L. C. 268A – William Collins – Ref. to Ord.
ITEMS ADDED AT MEETING
222/07
225/07
Cambridge Community Outreach Tabernacle, Inc.-request to use Campagnone Common
on 8-10-07 and 8-12-07 for prayer meeting – Rev. Dr. Nerissa Clark, Pastor-Ref. to Ord.
Tax Collector’s Office – Installation of cameras – Counc. Gosselin – Ref. to Ord.
XI. ADJOURNMENT:
ADJOURNED
(9:35p.m.)
Attest:
William J. Maloney
City Clerk
272
OF A SPECIAL JOINT MEETING OF THE LAWRENCE CITY
COUNCIL AND LAWERNCE SCHOOL COMMITTEE
DATE: Thursday, July 26, 2007
A SPECIAL MEETING composed of the City Council and Lawrence School
Committee was held on Thursday, July 26, 2007 at 6:15 p.m. in the Lawrence School
Committee Hall, 255 Essex Street, Lawrence, MA. All members of the City Council present
except for Councilor Nunzio DiMarca. All members of the Lawrence School Committee
present. Council President Blanchette and Mayor Michael Sullivan presided jointly over the
meeting.
Approximately Eight [8] persons were present.
I.
PROCEEDINGS REGARDGING THE SELECTION OF THE
LAWRENCE REPRESENTATIVE TO THE VACANT POSITION ON
THE GREATER LAWRENCE TECHNICAL SCHOOL COMMITTEE:
Doc. 161/07: Consideration for the Appointment of the Lawrence Representative to the
Greater Lawrence Technical School Committee
Council President Blanchette introduced the item and provided information
concerning the proceedings to take place with the anticipated result of filling the vacancy
appearing on the Greater Lawrence School Committee with the resignation of Daniel
Fleming who had been the elected Lawrence representative to the Board. He confirmed that
the opinion of City Attorney Charles Boddy had been sought and obtained in order to follow
the process in a lawful manner. Council President Blanchette thanked Mayor Michael
Sullivan for his participation as “joint chairman” of the panel and commented that the
presentment of this matter is the first time in Lawrence history that the Lawrence
273
[Thursday, July 26, 2007]
City Council and Lawrence School Committee have been assembled in joint session for to
select a replacement for the Lawrence member of the Greater Lawrence School Committee.
Upon being recognized, Mayor Michael Sullivan offered a statement of introduction
to the Lawrence City Council and Lawrence School Committee Members present and also
recognized Mr. Leo Lamontagne, a current member of the Greater Lawrence School
Committee, who is in attendance in the audience.
Council President resumed his comments and informed the members of the panel that
there were two candidates who had submitted letters stating their interest in being selected as
the Lawrence representative to the Greater Lawrence School Committee: (1) Ellen W.
Gilbert of 50 Chickering Street in Lawrence, MA, and (2) Pamela J. Neilon of 52 Crestwood
Circle in Lawrence, MA. Council President Blanchette informed the panel that both
candidates would be allowed to make and opening statement and questions would then be
posed to each of the candidates from the panel as recognized by the Chair. He stated that
questions posed would be presented to one candidate and then the other in alternating fashion
which to fairly allow one candidate to answer the question first while the other candidate
would respond first to the following question.
Upon being recognized Councilor Alvarez-Rodriguez asked the Chair if nine votes
were required to be selected. Council President Blanchette informed the panel that the City
Attorney was consulted on the matter and has opined that nine votes of the sixteen panel
members [comprising of nine Members of the City Council and seven members of the School
Committee] were necessary to be selected.
274
Upon being recognized, Councilor Gosselin asked if there was a way to avert the
selection proceedings to permit both candidates to proceed to the nomination stage of this
year’s election process so that the electorate does not lose the opportunity to choose both
candidates which may occur if one of the candidates is selected through the current process.
Council President Blanchette responded by informing the panel that the process is the result
of the contractual involvement the City of Lawrence maintains with the Greater Lawrence
School District created in 1962 and that it is the duty of the chosen elected representative to
follow the manner of filling the existing vacancy as ratified by the City of Lawrence through
the Members of the Lawrence City Council at that time.
School Committee Member Vittorioso commented that the vacancy that exists on the
Greater Lawrence School Committee should not be allowed to continue because the voice of
a Lawrence representative was necessary to be heard concerning the many important matters
that will arise before classes begin in the fall. He stated that the lack of a Lawrence
representative will leave the Lawrence students and their parents without sufficient input on
all matters that may be addressed if the position is not filled immediately.
Upon no further comment offered by any member of the panel, Council President
Blanchette informed the panel members that as a result of a random process, Pamela Neilon
was chosen to offer her opening statement first.
Upon being recognized, Pamela Neilon introduced herself to the panel members and
provided her opening statement.
Upon conclusion of Ms. Neilon, Ellen W. Gilbert introduced herself and provided
275
her opening statement before the panel members.
Upon conclusion of both candidates offering their “opening statement”, Council
President Blanchette opened the proceedings for questions and comment by the panel
members.
Upon being recognized, Mayor Sullivan commented upon the historic nature of the
proceedings and that there is no time in the political history of Lawrence where the Lawrence
City Council and Lawrence School Committee have met in joint session for this or any other
purpose. Mayor Sullivan then proceeded by asking the candidates to comment on they
would assure the school would proceed in the “right direction” through their efforts with the
new administration and how they might interact with other elected officials in an important
and meaningful manner.
1. Ellen Gilbert: Ellen Gilbert stated that that she was confident that she would be
able to work well with the new administration and that she believes the School Committee
should work to support the Superintendent and other School Committee Members in order to
establish and meet stated education goals. She stated that she would also reach out to other
School Boards in other cities and towns for solutions and ideas.
2. Pamela Neilon: Pamela Neilon stated that she would be supportive of initiative
that are of some priority to the Superintendent. She praised the Greater Lawrence Vocational
School Committee and Lawrence School Committee for developing two school systems that
the children of the Lawrence Community can attend and obtain a quality education.
Upon being recognized, School Committee Member Vittorioso commented that
276
the students at the Greater Lawrence Technical High School are expected to excel in a trade
and in academics in the same forty weeks that other students in other schools are trained only
in academic fields. He stated that it may benefit students who apply to Greater Lawrence
Technical High School to be allowed the opportunity to visit the school for one or two days
while they are still in the eighth grade to allow prospective students and their parents to gain
a first hand understanding of the course and trade offerings. He stated further that he would
like to see the individual selected to improve parental outreach to expose students to a variety
of opportunities that exist at the school. He stated that graduates of Greater Lawrence often
do not follow the trade area of their training and that employment often if more available and
lucrative in other disciplines.
Upon being recognized, School Committee Member Cruz asked the candidates to
explain who they would be representing since they were not “elected” by the people.
1. Pamela Neilon: Pamela Neilon stated that she would be representing the interests
of the students and commented that she would be seeking election to the position in the fall
regardless of the outcome of the selection process.
2. Ellen Gilbert: Ellen Gilbert stated that she will be representing the community
and that she would also be seeking to be elected in the fall regardless of the outcome of the
selection process.
Upon being recognized, Councilor Alvarez-Rodriguez asked the candidates how they
felt about publicly funded education and how to pursue representation of student in an
economically disadvantaged community.
1. Ellen Gilbert: Ellen Gilbert stated that she believes she would be
277
representing the community and explained that many of the children in the Greater Lawrence
Schools as well as the Lawrence Schools are from economically disadvantaged families.
2. Pamela Neilon: Pamela Neilon stated that the City and its students are in need of
more resources and more funding for programs that provide students with a valued and
meaningful education to improve their lives.
Councilor Alvarez-Rodriguez asked the candidates for their ideas how The Greater
Lawrence Regional Vocational School could better identify students who may be
academically included as opposed to labor or industrial pursuits.
1. Pamela Neilon: Pamela Neilon stated that students should not be forced into any
particular area of education. She stated that students should be allowed to determine the
course of instruction they would prefer with the assistance and guidance of their parents.
2. Ellen Gilbert: Ellen Gilbert stated that in the past special needs students were
assigned to Culinary Arts classes. She stated that a course of instruction for students should
be determined through individual educational assessment and plans developed with guidance.
Councilor Alvarez-Rodriguez stated that she believes the “Individual Educational
Plan” process is not working and that students are being properly guided to their fullest
potential. She stated that the problem should be addressed by the School Committee
Members at the Greater Lawrence Technical High School.
1. Ellen Gilbert: Ellen Gilbert agrees and pointed out further that there are
additional evaluation methods available to assess potential career interests. She stated that
specific accountability of the School Board Members and staff is necessary.
278
Councilor Alvarez-Rodriguez commented that these problems are not unique to
Lawrence.
Upon being recognized, Councilor Silva expressed her dissatisfaction with the
placement of special education students in the Culinary Arts classes. She commented on
issued concerning funding of educational offerings at the Greater Lawrence Technical
School. She stated that special needs students are typically “forgotten” in the educational
process where they should be rewarded. She asked the candidates to explain how they would
hold administrators accountable for their actions if selected to fill the vacancy.
1. Ellen Gilbert: Ellen Gilbert stated that she would hold the administrator or
proper personnel responsible for any discrepancies discovered through financial review.
2. Pamela Neilon: Pamela Neilon stated that she has not problem bringing any
matter to the attention of the Superintendent. She stated that the mission of the school is to
education students attending and that any financial discrepancy or malfeasance takes away
from that purpose without justification or reason.
Upon being recognized, Councilor Kolofoles recounted the history of the
development of the Greater Lawrence Technical School as a Regional High School. He
stated that Members of the School Board would often serve for twenty or twenty-five years
in the past. He asked both candidates to explain why they would like to be selected to fill the
vacancy.
1. Pamela Neilon: Pamela Neilon informed the panel that she although she is
retired and her children are grown, she loves kids and wants to remain involved with the
279
community.
2. Ellen Gilbert: Ellen Gilbert stated that she loves Lawrence and that her expertise
is in education and medicine. She stated that she believes if selected it would give her an
opportunity to give to the community and would allow her to make Lawrence a better place.
Councilor Kolofoles pointed out that it was approximately forty-seven years since the
agreement was entered to establish the Greater Lawrence Regional Vocational School
District. He asked both candidates if they would attempt to update the terms of the
agreement in any way.
1. Ellen Gilbert: Ellen Gilbert stated that she could not answer the question at the
present time and that she would review the matter after a year to determine if it was
necessary to amend the agreement.
2. Pamela Neilon: Pamela Neilon stated that she believes the State Legislature
would have to approve any change to the existing agreement.
Upon being recognized, Councilor Gosselin commended the Greater Lawrence
Students for their achievements. She also praised the teachers for their commitment to the
students and education. She stated that there is a Student Council but she didn’t think it was
very active. She commented that the Greater Lawrence School Committee meetings should
be televised and that there should be some involvement with the Student Council through one
of its representatives. She stated that student involvement with the school government would
provide a valuable learning tool for the students and a
tremendous method of obtaining insight for the School Committee Members. She asked the
280
candidates for selection to comment on these matters.
1. Pamela Neilon: Pamela Neilon agreed that the student body should be involved
with the governance of the school and supports the idea. She stated that she does not oppose
televising the School Committee meetings.
2. Ellen Gilbert: Ellen Gilbert informed the panel that there are student
representatives who already attend the School Committee meetings. She stated that she
believes that Andover Cable may be the outfit who would be able to televise the meetings
[possibly on Ch. 8] because the school is in Andover.
Upon being recognized, Lawrence School Committee Member Peter Larocque asked
the candidates to discuss what they believe should be the relationship between the parents
and school committee members.
1. Ellen Gilbert: Ellen Gilbert Neilon stated that she believes parents should be able
to have quick and easy access to School Committee members as elected officials.
2. Pamela Neilon: Pamela Neilon stated that the School Committee members are
public officials and should always be accessible to the parents. She also stated that the
School Committee should establish contact through outreach to the parents.
Upon being recognized, Councilor Gonzalez thanked both candidates for their
participation and offering to serve the community.
Upon being recognized, Councilor Parolisi stated that he believes the difference
between the two candidates is that Ms. Neilon is an experienced former member of the
Lawrence City Council. He also stated that he has come to know Ms. Neilon through her
281
public service and stated that she is fair, tough, and accessible. He concluded by stating he
supports Ms. Neilon for the position.
Upon no further questions by the panel to the candidates, Council President
Blanchette commended the candidates for their participation in the process and for presenting
themselves to the panel. He commented on the importance of the proceedings to assure
continued representation from Lawrence on the Greater Lawrence School Committee under
the circumstances presented.
After a brief inquiry concerning the manner in which the approval process will
proceed posed by Councilor Alvarez-Rodriguez, Councilor Blanchette commenced the
proceedings by instructing City Clerk Maloney to call the roll by calling upon each panel
member to announce their vote.
Upon a roll call vote of the panel by the City Clerk, Pamela Neilon was selected to fill
the vacant position upon the following vote:
RIGHT ▼
Sch Cmt Greg Morris [GM]
Sch Cmt Omaira Mejia [OM]
Sch Cmt Peter Larocque [PL]
Sch Cmt Martina Cruz [MC]
Sch Cmt James Vittorioso [JV]
Sch Cmt Patricia C. Sanchez [PS]
Counc. Marie Gosselin [MG]
Counc. Jorge Gonzalez [JG]
Counc. Joseph Parolisi [JP]
Counc. Nunzio DiMarca [ND]
Counc. Nicholas Kolofoles [NK]
Counc. Nilka Alvarez-Rodriguez [AR]
Counc. Grisel Silva [GS]
Counc. Vice Pres. Gil Frechette [GF]
Mayor Michael Sullivan [MS]
Counc. Pres. Patrick Blanchette [PB]
TOTALS
VOTE FOR:
PAM NEILON
PAM NEILON
PAM NEILON
PAM NEILON
PAM NEILON
PAM NEILON
PAM NEILON
ELLEN GILBERT
PAM NEILON
ABSENT
X
ELLEN GILBERT
PAM NEILON
ELLEN GILBERT
PAM NEILON
PAM NEILON
PAM NEILON
ABSTAIN
PRESENT
282
TOTALS: Pamela Neilon = 12 votes; Ellen W. Gilbert = 3 votes; 1 = Absent;
0 = Abstain; 0 = Present
Upon conclusion of the roll call vote, Council President Blanchette announced the
results and declared Pamela Neilon as the elected representative from Lawrence to serve on
the Greater Lawrence Technical School Committee having received 12 favorable votes from
the panel with 3 votes being cast in favor of Ellen W. Gilbert. City Clerk Maloney
proceeded to administer the Oath of Office to Pamela Neilon to install her as the Lawrence
representative of the Greater Lawrence Technical School Committee.
Council President Blanchette and Mayor Sullivan, as Co-Charimen of the panel,
thanked the candidates for their interest and participation, thanked the panel for their
deliberation on the matter, and congratulated Pamela Neilon on her accomplishment and new
position as the Lawrence representative to the Greater Lawrence Technical School
Committee.
ADJOURNMENT:
Upon Motion of Lawrence School Committee Member James Vittorioso as seconded
by Lawrence School Committee Member Gregory Morris, the panel members present voted
unanimously to Adjourn.
ADJOURNED
(7:43p.m.)
Attest:
William J. Maloney
City Clerk
283
DATE: Friday, July 27, 2007
A SPECIAL MEETING of the City Council was held on Friday, July 27, 2007 at
7:10 p.m. in the City Council Chamber with all Members present except for Councilor
Frechette, Councilor Gosselin, and Councilor DiMarca. Due to the absence of City Clerk
William J. Maloney and Temporary Assistant Clerk Carole Morin, Ms. Patricia Waters took
the minutes of the meeting.
Approximately Fifty-Two [52] persons were present.
I. ACCEPTANCE OF MINUTES - None
II._PUBLIC PARTICIPATION – None
III. COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY:
Doc. 184/07: FY’08 City Budget – Budget Rejected – Resubmitted
by Mayor Sullivan
Council President Blanchette states that this Special Meeting is to order a public
hearing, only. Councilor Kolofoles questions as to how many votes are required this
evening to pass this matter to a public hearing. Council President states that five (5) votes
are required.
Mayor Sullivan does not wish to apply another Thirty (30) Day Budget but has opted
for an “emergency spending” plan. This plan would become effective on August 1st.
Mayor Sullivan states that this Spending Plan is necessary. He has been in contact
with the DOR, and states that the City as of August 1st will function under “emergency
284
[Friday, July 27, 2007]
status” as provide in Chapter 38. Emergency status would not shut down the City; however,
non-essential personnel will not be required to come into work. The City will function on a
“skeleton” crew. The following were identified as “essential personnel”: Police, Fire, DPW
(water/sewer; Inspectional Services), Clerical workers that are deemed as “essential’ not
secretarial, High School construction workers, City Clerk’s Office (election matters being
prepared), Trash pick-ups will continue as usual.
The Arlington Street School will be kept open as a shelter, if needed. All other
Departments and Offices will be effected. There will be no paychecks issued, as there will
be no appropriation in place to pay the workers under this emergency plan..
Council President Blanchette states that a Public Hearing can be order for August 8th
meeting of the Council. This date would allow for the seven (7) day notice.
Councilor Alvarez-Rodriguez states that she is concerned for the workers and their
loss of paychecks.
Upon being recognized, Mr. Nunes of the DOR [Department of Revenue] stated to
Mayor Sullivan that the unions could file grievances regarding the loss of pay days.
Councilor Parolisi asked Mayor Sullivan if he would consider another thirty day (30)
appropriation. The Mayor stated that he would consider possibly submitting a one week
appropriation.
Councilor Parolisi stated that there should be a public hearing and to propose and
consider possible cuts to the budget. He suggested that all non-union vacation buy back
programs could be eliminated.
Councilor Alvarez-Rodriguez commented about a letter received from the City Attorney
285
regarding the previous meeting that states there is “no conflict” regarding her vote.
Councilor Alvarez stated that she is concerned about the newly submitted Budget which
appears to have increased taxes and an increase in a few other line items. She stated that the
revenue items have changed and noticed that the current budget as submitted is not easy to
read. She also requested that Mayor Sullivan allow Personnel Director Frank Bonet be
permitted to spend some time with her to translate the budget into Spanish.
Upon being recognized, Councilor Kolofoles stated that the School Department has
the equipment to copy the budget at no cost to the City and suggested that sufficient copies
be printed and be made available to the public.
Council President Blanchette stated that any changes and recommendations can be
presented at the public hearing.
Upon being recognized, Councilor Parolisi presented a motion to order a public
hearing. This motion failed for lack of a “second”. Councilor Parolisi then presented a
motion to adjourn which failed for lack of a majority vote on the following roll call vote:
YES = 3; NO = 3; ABSENT = 3:
Councilor Gosselin – Absent
Councilor Parolisi - Yes
Councilor DiMarca - Absent
Council Vice President Frechette - Absent
Council President Blanchette – No
Councilor Kolofoles commented that it is necessary to order a public hearing and that
he is willing to work with the Mayor.
286
Councilor Parolisi again presented a motion to order a public hearing which failed
due to the lack of a “second”.
Upon being granted the floor, Councilor Jorge Gonzalez stated that if the school bus
contract had been put out to bid there would have been a savings of approximately one
million dollars or more. He has brought this matter to the attention of the Mayor on other
occasions and requested a “bidding process” be implemented. However, the suggestion has
not been followed.
Councilor Kolofoles commented that he is concerned about the deficit in the Free
Cash Account, unpaid water and sewer liens of about three million dollars, and estimated tax
bills. Councilor Kolofoles presented a motion to order a public hearing which was seconded
Councilor Silva stated that there is a difference in the funds from that Budget of last
week to this budget document presented this evening.. She stated that more cuts are needed.
She suggested implementing the money for the General Fund by franchising certain fees such
as cable services, Verizon and Comcast contracts. She stated that the use of the DOR’s
financial calendar may be helpful.
Council Parolisi stated that cuts and recommendations for cuts should be made at the
public hearing. Councilor Parolisi also stated that he supports Councilor Gonzalez regarding
the transportation bid issue.
Councilor Alvarez-Rodriguez emphasized that the vote to order a public hearing is
not a vote concerning the approval or disapproval of the FY 2008 Budget. There have been
distortions through the media and she wanted to be sure that the public was aware that they
287
could attend and participate in the public hearing when it is held.
Upon no further comment or discussion, Council President asked the Council
Members to consider the motion to order a public hearing which failed for lack of a “fifth
vote” upon the following roll call vote: YES = 4; NO = 2; ABSENT = 3:
Council Vice President Frechette – Absent
Councilor Gosselin - Absent
Council President Blanchette – Yes
Upon being recognized, Councilor Alvarez-Rodriguez presented a motion to adjourn
which was seconded by Councilor Silva and approved on the following roll call vote: YES =
4; NO = 2; ABSENT = 3:
Councilor Gosselin – Absent
Councilor Parolisi - Yes
Council Vice President Frechette - Absent
Council President Blanchette – No
IV. APPROPRIATIONS-ORDERS-RESOLUTIONS: None
V. COMMITTEE REPORTS: None
VI. WITHDRAWN: None
VII. OLD BUSINESS: None
VIII. TABLED MATTERS:
288
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
34/07
195/07
196/07
197/07
Municipal Code
XII. ADJOURNMENT:
Upon Motion of Councilor Gosselin duly seconded by Councilor Alvarez-Rodriguez,
the Council Members present voted unanimously to Adjourn.
ADJOURNED
(8:30p.m.)
Attest:
William J. Maloney
289
DATE: Tuesday, July 31, 2007
A SPECIAL MEETING of the City Council was held on Tuesday, July 31, 2007 at
7:12 p.m. in the City Council Chamber with all Members present except for Councilor
DiMarca and Councilor Silva. Council President Blanchette presided over the meeting. In
the absence of City Clerk William J. Maloney, Temporary Assistant Clerk Carole Morin took
minutes of the City Council Meeting.
Approximately Fifty-Two [52] persons were present.
I. ACCEPTANCE OF MINUTES - None
II._PUBLIC PARTICIPATION – None
Council President Blanchette stated that tonight’s meeting was posted on Thursday
July 26, 2007 and proceeded to give an overview of Document 184/07 and reminded the
Council Members that it was a tabled item.
Councilor Parolisi presented a motion to remove Document 184/07 from the table
which was seconded by Councilor Gosselin and unanimously approved by the Council
III. TABLED MATTERS:
Doc. 184/07: FY’08 City Budget – Public Hearing Ordered
Council President Blanchette read a memo from Mayor Sullivan concerning the
request presented to the Council Members to order a Public Hearing for FY 2008 and an
offer to submit a 14 day continuing appropriation for consideration of the City Council
290
Members. Council President Blanchette stressed the importance of the matter presented and
opened the matter for further discussion among the Council Members.
Upon being recognized, Councilor Parolisi presented a motion to order a public
hearing on the FY’08 City Budget which was seconded by Councilor Gosselin.
Upon being granted the floor, Councilor Gosselin invited Mayor Sullivan to address
the City Council and stated she would vote for a public hearing if a 30 day Budget was
appropriated.
Upon being granted the floor, Councilor Frechette stated he was not at the last
meeting of the City Council held on July 27, 2007 and that he wished to pose questions about
the proposed budget to Mayor Sullivan. A discussion ensued between Councilor Frechette
and Mayor Sullivan regarding the funding Police Department and Fire Department positions.
Councilor Frechette stated he does not want to see firefighters “laid off”. A brief discussion
ensued between Councilor Frechette and Mayor Sullivan regarding the sale of City owned
property which was not presented in the original budget information. Councilor Frechette
stated he would vote to order a public hearing on the FY 2008 Budget.
Upon being granted the floor, Councilor Alvarez-Rodriguez posed several questions
to Mayor Sullivan regarding the tax levy and the free cash availability. Mayor Sullivan
stated that the Department of Revenue [hereinafter referenced as DOR] would be in his office
tomorrow and that the Council was invited to attend and ask questions directly to their
representatives. Discussion ensued between Councilor Alvarez-Rodriguez and Mayor
Sullivan concerning the FY 2008 Budget. Councilor Alvarez-Rodriguez stated that she would
291
prefer a 30 day budget and that she would support ordering a public hearing on the proposed
FY 2008 Budget.
Upon being granted the floor, Councilor Parolisi questioned Mayor Sullivan about his
proposal to request the approval of 14 day budget rather than a 30 day budget.
Council President Blanchette informed the Council Members and the public that a
public hearing could be advertised in time for a public hearing as early as next week.
Upon being granted the floor, Councilor Kolofoles and Mayor Sullivan discussed the
tax levy, how it’s based on a higher property tax assessment and the implications it would
have on the tax rate to be paid by the people who own property in Lawrence.
Mayor Sullivan responded by informing the Council Members that the tax levy is capped and
that when the public hearing is ordered they can work together on the proposed FY 2008
Budget. A brief discussion ensued between Councilor Kolofoles and Mayor Sullivan
concerning cutting expenses, service charges, and Health Insurance. Councilor Kolofoles
stated he would prefer a 30 day budget to be recommended for approval.
Upon being granted the floor, Councilor Gonzalez stated he was upset about summer
programs for the small children being eliminated.. Mayor Sullivan stated that everyone has
their personal issues with any proposed loss of service, but that he wasn’t willing to stall a
City Budget proposal for such reasons. Councilor Gonzalez expressed his dissatisfaction
with the budgetary proposals being submitted by the Administration and that he would not
change his vote of disapproval.
Upon being granted the floor, Councilor Gosselin and Mayor Sullivan discussed
outside revenue sources and asked if any Federal Emergency Management Agency
292
[hereinafter FEMA] was available to the City of Lawrence. Mayor Sullivan stated there were
some FEMA funds remaining from 2007 sources. Councilor Gosselin inquired about newly
hired personnel. Mayor Sullivan discussed ways his administration tried to save money by
implementing the bi-weekly payroll which was subject to union action returning to the one
week payroll and a loss of savings. A discussion ensued concerning health insurance and
gasoline costs. Councilor Gosselin recalled that prior Administrations engaged the assistance
of an oversight board to educate the public regarding City operations, costs and expenditures.
Councilor Gosselin stated that she believes the FY 2008 Budget presented does not present a
good financial outlook for the City of Lawrence and its residents. She stated that she
believes the process is frustrating and needs assistance from outside the City.
Upon being recognized, a brief discussion ensued between Councilor Kolofoles and
Mayor Sullivan regarding the Lawrence infrastructure and the possible reduction in the
number of employees working as laborers in the Parks Department.
Council President Blanchette called the motion for consideration of the Council Members
present.
Upon a roll call vote of the Council Members present, the measure was approved to
order a public hearing as follows: 6-YES; 1-NO; 2 ABSENT:
Councilor Nunzio DiMarca - Absent
293
Councilor Grisel Silva - Absent
IV. PUBLIC HEARING - None
V. COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY None
Doc. 221/07: 30 Day Budget – August 2007 – Approved
Council President Blanchette introduced the measure to the Council Members present
and recognized Mayor Sullivan who presented a 30 day budget for consideration of the
Council Members. Mayor Sullivan issued a copy of the proposed 30 day budget to each of
Upon being recognized, Councilor Parolisi presented a motion for the approval of the
proposed 30 day budget as presented. Them motion was seconded by Councilor Gosselin
and approved by roll call vote of the Council Members present as follows:
6=Yes; 1=No; 2=Absent.
Councilor Silva - Absent
294
VII. COMMITTEE REPORTS – None
VIII. WITHDRAWALS - None
IX. OLD BUSINESS – None
X. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
309/05
34/07
195/07
196/07
197/07
184/07
Municipal Code
FY’08 City Budget
XI. NEW BUSINESS - None
XII. ADJOURNMENT:
Upon Motion of Councilor Gosselin duly seconded by Councilor Alvarez-Rodriguez,
ADJOURNED
(8:30p.m.)
Attest:
William J. Maloney
City Clerk
295
DATE: Wednesday, August 8, 2007
A REGULAR MEETING of the City Council was held on Wednesday, August 8,
2007 at 7: 05 p.m. in the City Council Chamber with all Members present. Council President
Blanchette presided over the meeting. Temporary Assistant Clerk Carole Morin took the
minutes of the meeting in the absence of City Clerk William J. Maloney.
Approximately Thirty-five [35] persons were present.
Fausto Nunez a DPW worker for 20 years and a member of the Bromfield
Association asked for an explanation of the Peralta petition.
Pedro Peralta 155 Saratoga Street, Lawrence, MA asked the Council to approve the
acceptance of Birch Drive [beyond Saratoga Terrace].
Frank Giles, 73 Fern Street, Lawrence, MA stated his support for the acceptance of
Birch Drive [beyond Saratoga Terrace].
Cesar Matul representing Iglesia Evangelica Restauracion Vida requested permission
to use the Campagnone Common for a church celebration on Sept. 16, 2007.
296
[Wednesday, August 8, 2007]
Ines Faucher, 20 May Street, Lawrence, MA representing a children’s organization
asked for a safer environment.
Councilor Alvarez-Rodriguez presented a motion to take document 195/07,196/07
and 197/07 out of the order appearing on the agenda. The motion was seconded by
Councilor Parolisi and unanimously approved by the Council Members present [9-0].
195/07: Resolution – LHS Valedictorian – Karina Ovalles
196/07: Resolution – LHS Valedictorian – Cristina Ovalles
197/07: Resolution – LHS Salutarian – Tu Le
Resolution added @ meeting – Van Le
Council President Blanchette brought the measures to the attention of the Council
Members present and called upon Councilor Alvarez-Rodriguez to present the Resolutions.
Councilor Alvarez-Rodriguez introduced the recipients of the Resolutions. The
Resolutions were read and distributed to the named recipients by Councilor AlvarezRodriguez.
Doc. 110/07: Zoning Ordinances – proposed revision –creation of Open Space
Conservation (OSC) District and designation of Den Rock Park as such a Zoning
District – hearing - Approved
At the request of Council President Blanchette, the Assistant 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 Blanchette opened the public hearing portion
of the proceedings and invited anyone who wished to be heard to present themselves before
297
Planning Director Michael Sweeney spoke in favor of the measure and asked the
Council Members to approve the proposed revision/amendment to the City of Lawrence
Zoning Ordinances as recommended. He explained that the measure, if approved, would
designate Den Rock Park area as an Open Space Conservation District. Director Sweeney
explained the details of the proposal to the Council Members present.
Tennis Lilly, 40 Spruce Street, Lawrence, MA Chairman of the Lawrence
Conservation Committee, spoke in favor proposed revision/amendment of the Zoning
Ordinance as presented. He discussed the beauty and wildlife of Den Rock Park and stated
that he believes the measure offers the future protection of the area.
Kate O’Brien, Executive Director of Groundwork Lawrence, 60 Island Street,
Lawrence, MA stated that her office represents teenagers living in Lawrence known as “The
Green Team”. She spoke in favor of the measure and introduced Luis Ortiz and Sabrina
from “The Green Team” who stated their support of the measure as presented and
commented that many animals live in the natural confines Den Rock Park. They asked that
the Council Members approve the measure in order to protect this valuable
natural resource.
Richard McCarthy, 4 Bicknell Terrace, Lawrence, MA, spoke in support of the
measure and stated Den Rock Park was a place to enjoy nature. He asked the Council
Members to support the proposal.
Wayne Hayes 84 Genesee Street, Lawrence, MA spoke in favor of the measure and
asked the Council to take action that will preserve a part of Lawrence’s history.
298
Juana Munoz, 26 Ames Street, Lawrence, MA commented that the proposal will help
protect and conserve Den Rock Park as a natural resource.
Petra Semprit, 26 Ames Street, Lawrence, MA spoke in support of the measure and
commented on the beauty of the park which should be protected and preserved.
Joan McCarthy, 4 Bicknell Street, Lawrence, MA spoke in support of protecting Den
Rock Park through the adoption of the proposed measure.
Yesenia Lopez discussed the beauty of Den Rock Park and its proximity to the City
of Lawrence. She asked the Council to save it so it may be used and enjoyed by everyone.
Upon being recognized Councilor Alvarez-Rodriguez presented a motion to approve
the measure as seconded by Councilor Parolisi.
Upon being recognized Councilor Alvarez-Rodriguez wanted to disclose that her
husband is a member of the Lawrence Environmental Program. She stated further that
despite her husband’s affiliation with this organization that she believed that she could still
vote on the measure presented. Councilor Alvarez-Rodriguez asked Planning Director
Sweeney about the potential “conflict” and he responded by stating that he did not believe
that her vote as a Council Member results in a conflict. Councilor Alvarez-Rodriguez
continued by stating that she recently toured Den Rock Park and discussed the beauty of the
area. Councilor Alvarez-Rodriguez asked Director ISweeney if this ordinance will help
299
protect the area as a park. Director Sweeney stated approval of the measure presented would
serve to protect the current location in its natural state.
Upon being recognized, Conservation Commissioner Tennis Lilly discussed the
applicable provisions of the City of Lawrence Wet Land Ordinance. Councilor AlvarezRodriguez discussed the possibility that use of the land might generate revenue by sharing it
with residents of other cities and towns.
Upon being granted the floor, Councilor Kolofoles stated Den Rock Park needs
protection. He posed questions about possibly commercializing Den Rock Park which
Director Sweeney stated that it would not be appropriate. A discussion ensued between
Councilor Kolofoles and Director Sweeney regarding other park locations in the City of
Lawrence.
Upon being granted the floor, Councilor Parolisi recounted his use of Den Rock Park
when he was a scout and that he hoped that he would vote to approve the measure as
presented.
Upon being granted the floor, Councilor Gosselin discussed the rocky part of the Den
Rock Park location. A discussion ensued between Councilor Gosselin and Commissioner
Lilly regarding the use of the area for purposes that are consistent with preservation of the
location while promoting public use and access for only passive recreation.
Council Members present to consider the matter presented. Upon the previous motion for
300
approval presented by Councilor Alvarez-Rodriquez which was seconded by Councilor
Parolisi, the Council Members present voted unanimously [9-0] to approve the measure.
226/07: Mount Vernon Ballpark to be named to William D. Quinlan Park - Mayor
Sullivan – Ref to Ord.
227/07: Appointment – Lawrence Housing Authority Board – David J. DiFilippo –
reappointment – Mayor Sullivan – Ref. to Personnel
Doc. 199/07: Election Division – FY 2007 Invoice -$625.00 –
Budget and Finance Committee – Approved
Doc. 219/07: Appropriation Transfer – Inspectional Services - $1,500.00 – Budget and
Finance Committee – Approved
301
Doc. 223/07: City Clerk’s Office – Pay FY’07 Bills (3) –
Budget and Finance Committee - Approved
Doc. 235/07: Year End Transfers for all City Departments – David A. Camasso,
Comptroller – Ref. to Budget and Finance
Doc. 228/07: Proclamation – Maggie Super Church –
Council Pres. Blanchette - Tabled
Upon motion of Councilor Alvarez-Rodriguez as seconded by Councilor Kolofoles,
the Council Members present voted unanimously [9-0] to table the proclamation for Maggie
Super Church.
Doc. 228/07: Tabled
Doc. 149/07: Handicapped Parking – 226 Andover Street –
Ord. Comm. - Public Hearing Ordered
report was presented in the form of a motion for an order of a public hearing which was
302
seconded by Councilor Alvarez-Rodriguez and unanimously approved by the Council
Doc.186/07: Handicapped Parking – One Bailey Street –
Ord. Comm. – Public Hearing Ordered
Doc. 204/07: National Grid and Verizon - request to relocate poles, wires and fixtures
on Canal Street- Ord. Comm. – Public Hearing Ordered
report of the Ordinance Committee and moved to enter an order for a public hearing which
was seconded by Councilor Parolisi and unanimously approved by the Council Members
present [9-0].
Doc. 205/07: National Grid and Verizon – request to locate poles, wires and fixtures on
Park Street – Ord. Comm. – Public Hearing Ordered
report of the Ordinance Committee and moved for an order for a public hearing which was
[9-0].
303
Doc.147/07: Parking – Manchester Street to Park Street and Green Street to Park
Street – signs to be removed – Ord. Committee – Approved
report of the Ordinance Committee and moved to approve the measure presented. The
Doc. 167/07: Parking – Newbury and Haverhill Street –
corner – Ord. Committee – Measure Defeated
report of the Ordinance Committee which recommended the petition be denied. The report
was presented in the form of a motion to adopt the recommendation of the Ordinance
Committee which was seconded by Councilor Parolisi and unanimously approved by the
Council Members present [9-0]. It was suggested that a letter be sent to the owner
concerning the action of the City Council regarding this matter.
Doc. 167/07: Measure Defeated-Letter to owner
Doc.190/07: Three Saints Annual Feast – August 31st to September 2nd, 2007 –
presented in the form of a motion, seconded by Councilor DiMarca, and unanimously
304
Doc. 206/07: Dedication of Rear Admiral Sullivan - Salem and Broadway corner –
presented in the form of a motion for approval, seconded by Councilor Gosselin and
Doc. 208/07: Dominican Parade Committee – August 18th and 19th, 2007 – Ordinance
presented in the form of a motion for approval, seconded by Councilor Alvarez-Rodriguez,
Doc. 216/07: JAH Basketball Tournament – September 22nd and 23rd, 2007 –
presented in the form of a motion for approval, seconded by Councilor Parolisi, and
Doc. 222/07: Cambridge Community Outreach –
Religious meeting – Ordinance Committee – Denied
305
report of the Ordinance Committee to deny the petition presented. The report was presented
in the form of a motion to adopt the recommendation of the Ordinance Committee which was
seconded by Councilor Frechette.
Upon inquiry of Councilor Alvarez-Rodriguez regarding the unfavorable
recommendation, Councilor Kolofoles explained that the petitioner did not live in Lawrence.
Council President Blanchette requested the Council Member to consider the matter
presented. Upon vote of the Council Members present, the motion to adopt the
recommendation of the Ordinance Committee and to deny the petition presented was
approved as follows: 8-YES; 0-NO; 1 ABSTAIN:
Councilor Nilka Alvarez-Rodriguez - Abstain
Doc. 222/07: Denied
VIII. WITHDRAWALS:
Committee.
306
Councilor Kolofoles moved to present the matters listed below in “block” form for
withdrawal from the Council agenda. The motion was seconded by Councilor Parolisi and
the Council Members present voted unanimously [9-0] to withdraw the following matters
292/06 : Parking – Essex Street – complaints – Ord. Comm.- Withdrawn
85/07: Local Grocery Stores – selling take-out foods – Ord. Comm. - Withdrawn
92/07: Handicapped Parking – 80 Hawley Street – Ord. Comm. - Withdrawn
148/07: Phone System – update – Ord. Comm. - Withdrawn
202/07: Traffic Study – New High School – traffic flow – Ord. Comm.-Withdrawn
IX. OLD BUSINESS:
Doc. 185/07: Acceptance of Birch Drive (beyond Saratoga Terrace)
Letter by Frank S. Giles, P.L.S. – Ref. to Ord.
Council President Blanchette introduced the next item on the agenda under Old
Business. Upon questions posed by Councilor Frechette concerning the presentment of this
matter to the Council Members, Council President Blanchette explained City Attorney Boddy
reviewed that matter and opined that the relief sought by the land owner may require an
Ordinance be drafted and approved by the Council Members.
Upon being recognized Councilor Silva discussed the reason why the item is being
presented and stated that it should be heard.
Upon being recognized Councilor Kolofoles asked that the Council discuss the item
and refer it to the City Engineer. Council President Blanchette suggested the item should be
presented and discussed by the Ordinance Committee in the first instance.
Upon being granted the floor, Councilor Frechette stated there is a process to be
followed and that the item should be presented as a petitioned for acceptance of the street as
307
a public way. He asked if the petitioner lives on the street subject to the proposal. Councilor
Frechette further discussed the process that should be followed.
Upon being granted the floor, Councilor Gonzalez stated there is a sign on the
property that says private property.
Upon being granted the floor, Councilor Kolofoles suggested the petitions should be
allowed to present the matter to the Council Members.
Upon being recognized, Councilor Parolisi suggested the item be referred to the
Council President Blanchette referred the matter to the Ordinance Committee.
Doc. 230/07: Saint Mary’s of the Assumption Parish -Ministerio del Respeto a la Vida
– request a permit to celebrate a Pro-Life prayer vigil at the Lawrence Common on
Saturday, August 25, 2007 from 5:00 p.m. to 8:00 p.m.- Jose L. Lopez –
Emergency/Approved
Upon being recognized, Councilor Alvarez-Rodriguez presented a motion to have the
matter declared an emergency measure and to suspend the Rules of the City Council in order
to address the matter. The motion was seconded by Councilor Parolisi. A further motion
was presented by Councilor Alvarez-Rodriguez as seconded by Councilor Parolisi to approve
the item.
Councilor Kolofoles asked the petitioner how many police officers would be
necessary to oversee the public safety at the event subject to the petition and who would be
obligated to pay for the detail. The petition could not answer the question posed.
308
Upon no further discussion, Council President Blanchette called the motion and the
Council Members present voted unanimously [9-0] to approve the measure.
Doc. 230/07: Emergency/Approved
X. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
Municipal Code
107/07
123/06
309/05
34/07
184/07
FY’08 Budget
**************************************************************************************
XI. NEW BUSINESS:
Council President Blanchette brought the matters listed below to the attention of the Council
Members present and referred each to the Council Subcommittee as indicated
229/07
231/07
232/07
233/07
234/07
Lawrence Cultural Alliance – request permission to use Appleton Way on Friday,
September 14, 2007 from 5:00 -8:00 p.m. for a Traveling Cafes –Hilda Ramirez,
Project Director – Ref. to Ord.
Lawrence Pop Warner – letter of displeasure in regard of permission to use the SLE
Fields – Lindsay Gagne, Lawrence Pop Warner Cheerleading Director-Ref. to Cmt on the
Whole
Iglesia Evangelica Restauración Vida - request permission to use the CampagnoneCommon Park in order to have a church celebration on Sept.16, 2007–Pastor Luis Osorio
– Ref. to Ord.
DF Realty LLC: Airport Property Lease Request in Excess of 20 years–Michael P. Miller,
Airport Manager – Ref. to B & F
Civil War Memorial Guard – request permission to use the Campagnone Common
on September 21st, 22nd and 23rd, 2007 to hold its annual event in memory of the late
Robert E. Poulin - Elizabeth Charlton – Ref. to Ord.
309
XII. ADJOURNMENT:
Upon Motion of Councilor Kolofoles, seconded by Councilor Parolisi, the Council
ADJOURNED
(8:45p.m.)
Attest:
William J. Maloney
City Clerk
310
DATE: Thursday, August 16, 2007
A SPECIAL MEETING of the City Council was held on Thursday, August 16,
2007 at 7: 09 p.m. in the City Council Chamber with all Members present.
Approximately Seventy -Two [72] persons were present.
Doc. 184/07: FY’08 Budget – Hearing Held - Recessed
of the public notice and upon the invitation of Council President Blanchette, Mayor Sullivan
provided the public and the Council Members present with a power point presentation of the
proposed FY 2008 budget.
Upon the conclusion of Mayor Sullivan’s presentation, Council President Blanchette
opened the public hearing portion of the proceedings and invited the public to comment on
the matter presented.
Library Director Maureen Nimmo, 24 Yale Street, Lawrence, MA stated that any
budgetary reductions to the Lawrence Library funding will result in the loss of certification.
She also commented that public safety funding should also receive priority.
311
[Thursday, August 16, 2007]
Andeando Cruz, 3 Clinton Court, Lawrence, MA proposed reducing the salaries of all
City employees by 5% rather than increasing property taxes. He stated that many City
employees receive high salaries.
Ruth Rojas, 45 Summer Street, Lawrence, MA, stated that the budget process is not
working. She spoke against increasing the City budget to the levy limit. She stated that City
employees salaries should be cut rather than approving a budget increase.
Ed Warnshuis addressed the City Council and stated that he is a future property
owner in Lawrence and that he believes the budget should be approved as presented.
Norman Nimmo, 24 Yale Street, Lawrence, MA stated that a tax increase is necessary
to keep the City of Lawrence solvent. He stated that budget reductions will result in a loss of
corporate confidence, businesses, and jobs. He stated that the decertification of the Lawrence
Library would be a tremendous loss.
Patrick Driscoll, 60 Rollins Street, Lawrence, MA commented about the City services
and public safety in Lawrence.
A Cambridge College Professor [unidentified] stated that Library services are
extremely important to any community and that it allows people who may not otherwise be
able to afford books and educational materials to access these materials for their betterment.
Colin DeFrancisco spoke in opposition of the proposed FY 2008 Budget because it
would hurt people of Hispanic origin more than people of Anglo origin.
Modesto Maldonado, 115 Spruce Street, Lawrence, MA spoke in opposition of the
proposed FY 2008 Budget.
312
Lindy Galland, 196 West Street, Lawrence, MA spoke in opposition of raising
property taxes.
Michelle Faye, 5 Cleveland Street, Lawrence, MA spoke against the proposed FY
2008 Budget and against any increase in taxes.
Scott McNamara, Lawrence Police Patrolman’s Association, spoke of the
accomplishments of the Lawrence Police and in favor of the proposed FY 2008 Budget.
Lawrence Hester, 171A Abbott Street, Lawrence, MA asked the Council Members to
review the City Budget carefully and questioned how raises were implemented in the Office
of Inspectional Services.
Franklin Fernandez, 185 Water Street, Lawrence, MA stated that the City Council
should carefully review the proposed budget for feasible cuts.
Alicea Lugo, 130 Berkeley Street, Lawrence, MA asked the Council Members not to
pass the FY 2008 Budget as presented.
A resident [unidentified] who resides at 24 Mt. Vernon, spoke in favor of passing the
FY 2008 Budget and asked that funding for the services provided by the Public Library not
be cut.
Fausto Nunez, 9 Spruce Street, Lawrence, MA spoke in support of the Mayor, Police
Department, and the Fire Department and commended their actions for providing a cleaner
and safer City.
Carlos Matos ,27 Saunders Street, Lawrence, MA provided suggestions on how to
reduce spending for the FY 2008 Budget. He spoke in favor of implementing cuts to the
313
Carolyn Cronin, 214 Howard Street, Lawrence, MA commented that she is concerned
about the increasing rate of foreclosures occurring in Lawrence. She stated that cuts to the
City Budget will likely be a secondary effect if further losses are incurred through the
foreclosure process.
Ana Santos, 30 Camden Street, Lawrence, MA, Assistant Lawrence Library Director,
stated that library services and offerings are necessary to help educate the children and
residents of the Lawrence community.
Ana Luna, 599 Canal Street, Lawrence, MA, executive Director of Arlington
Community Trabajando, spoke in opposition to the proposed FY 2008 Budget as presented.
She stated that any increase in taxes will result in further financial hardship and cause
additional mortgage foreclosures.
Ms. Rodriguez, 340 S. Broadway, Lawrence, MA stated that the taxes for her house
are too high. She also complained that the water coming from the City service is very dirty
and she cannot continue to use it to wash her cloths. She stated that she opposed any
increase of taxes.
Daniel Rooney, 3 Kingston Street, Lawrence, MA criticized the Council Members for
not adequately addressing the budget matters.
Ms. Ceron, 17 Grafton Street, Lawrence, MA spoke on behalf of her sister and asked
the Council not to pass the proposed FY 2008 Budget.
A resident of Lawrence read a petition on behalf of Lawrence Community Works in
opposition to the FY 2008 Budget.
314
Nelson Buton encouraged the public to contact the City Council to express their
dissatisfaction with the proposed FY 2008 Budget.
Carlos Morel, 35 East Haverhill Street, Lawrence, MA spoke against implementing
any tax increase.
Mr. Vasquez [first name unknown] stated that the City Council should not pass the
Mr. Britton [first name unknown], 10 Maple Street, Lawrence, MA spoke against any
increase in taxes.
Lidia Rivera [unknown address] spoke in opposition of the FY 2008 budget and tax
increases.
Mark Gray, 159 Carlton Street, Lawrence, MA spoke in favor the Fire Department.
He spoke in opposition to any increases in taxes.
Lydia Cruz of Swan Street, Lawrence, MA, spoke in opposition to an increase in
taxes.
Tashia Alba, 51 Nesmith Street, Lawrence, MA spoke against approval of the
FY2008 budget.
Bill Collins, 1 Platt Court, Lawrence, MA ,asked the City Council to consider
keeping the public comment portion “open” if the meeting is continued. He suggested that
the City Council consider allowing the Commonwealth to use its financial control board
services to assist with the FY 2008 Budgetary matters.
Barney Riley, 117 Bunkerhill Street, Lawrence, MA discussed the impact that the
lack of a City Budget will have upon the elderly served by the Council on Aging.
315
Council Members present to offer comment or further discussion.
Upon being recognized, Councilor Parolisi presented a motion to adopt the proposed
FY 2008 Budget subject to any changes offered by way of amendment. The motion failed
for lack of a second.
Upon being recognized, Councilor DiMarca presented a motion to review the
proposed FY 2008 Budget by reviewing each line item.
As a point of parliamentary procedure, Council President Blanchette stated to the
Council Members that a motion was necessary prior to advancing any further discussion or
other comment on the matter. A discussion between Councilor Kolofoles and Councilor
DiMarca ensued concerning the lawful ability of the Council Members to recommend cuts to
specific line items presented.
Upon being recognized, Councilor Parolisi again presented a motion to adopt the
proposed FY 2008 budget with changes that may be presented by way of amendment.
Councilor Silva commented that she wanted to read the opinion of the City Attorney
recently provided concerning the lawful ability of the City Council Members to recommend
line item cuts to particular items.
Councilor DiMarca seconded the motion presented by Councilor Parolisi for the
adoption of the proposed FY 2008 Budget with changes that may be presented by way of
amendment.
316
Upon being granted the floor, Councilor Silva read the opinion of the City Attorney
regarding line item cuts dated August 16, 2007. After reading the opinion letter of the City
Attorney, Councilor Silva presented a motion to amend the proposed approval of the FY
2008 Budget by cutting employee vacation buyback funds.
Upon being recognized, Councilor Parolisi stated that he does not believe that
vacation buy back cannot be cut as recommended because it affects a contractual matter
bargained by the various unions.
Upon being recognized Councilor DiMarca seconded the motion presented by
Councilor Silva to cut vacation buyback funds from the proposed FY 2008 City Budget.
Upon further discussion, Councilor Kolofoles stated he believes the motion could be
passed without violating any union agreement concerning vacation buy back provisions.
At the request of Councilor Gosselin, Councilor Silva explained how the ”vacation
buy back” system applies. Councilor Parolisi also provided further explanation concerning
the how the vacation buy back system is implemented.
Upon being recognized, Councilor Silva presented a motion to cut $257.00 from
personnel services. The motion dies for the lack of a second.
Upon being recognized, Councilor Silva presented a motion amend the motion to
approve the FY 2008 Budget by cutting $7,306.00 from Mayor’s Office Budget [docketed as
vote no: 5; 8-16-07]. The motion was seconded by Councilor Alvarez-Rodriguez and the
Council Members present voted as follows by roll call vote to cut $7,306.00 from the
Mayor’s Budget: 7-Yes; 2-No
317
Upon being granted the floor, Councilor Silva presented a motion to amend the
motion to approve the FY 2008 Budget by cutting personnel services from Budget and
Finance Department. The motion was seconded by Councilor Alvarez-Rodriguez.
Discussion ensued among the Council Members concerning the efficiency of voting
for cuts without sufficient information. Councilor Gosselin stated that it may be more
effective to eliminate all new positions from the FY 2008 Budget. A discussion ensued
between Councilor Silva and Councilor Gosselin regarding removal of funding from new
positions.
Upon being granted the floor, Councilor Alvarez-Rodriguez commented that no one
from the administration was present to respond to questions by Council.
Upon being recognized, Councilor Gosselin discussed methods of implementing cuts
to be applied to City personnel.
Upon being granted the floor, Councilor Silva presented a motion to amend the
motion to approve the FY 2008 Budget by cutting two positions from the IT Department
[docketed as vote no: 6; 8-16-07]. The motion was seconded by Councilor Gosselin and the
Council Members approved the motion by the following vote. 5-Yes; 3-No; 1-Abstain
318
Councilor Alvarez-Rodriguez – Abstain
Discussion ensued among Councilor Kolofoles and Councilor Silva regarding the
approved amendment [vote no. 6; 8-16-07] and the impact it may have upon the operations of
the City if two members of the IT Department were eliminated. Further discussion ensued
concerning the positions that the Council Members approved for termination.
Upon being granted the floor, Councilor Frechette stated he would not vote for any
cuts to personnel services without hearing from department heads concerning the impact the
cut may have on the particular department.
Councilor Alvarez-Rodriguez stated that she would abstain from votes to cut
positions in the IT Department because her son is an employee in that department.
Upon being recognized, Councilor Silva presented a motion to amend the motion to
approve the FY 2008 Budget by cutting $16,591.00 from the Treasurer/Reserve funds. The
motion was seconded by Councilor Kolofoles and discussion ensued to clarify specifically
which item was being presented by Councilor Silva’s motion.
Upon being recognized, Alvarez-Rodriquez stated she does not favor the motion
to cut.$16,591.00 from the Treasurer/reserve at this time.
Upon no further comment or discussion concerning the motion presented, Council
President Blanchette called the motion to the attention of the Council Members present for
their consideration. The Council Members present voted upon roll call on the motion to
amend the motion to approve the FY 2008 Budget by cutting $16,591.00 from the
319
Treasurer/Reserve funds as presented which failed to pass due to the lack of a sixth vote as
follows. 5-Yes; 4-No
Upon being recognized, Councilor Silva presented a motion to amend the motion to
approve the FY 2008 Budget by cutting one Senior Account Clerk position from the City
Clerk’s Office as appearing on page 31 of the proposed FY 2008 Budget document. The
motion was seconded by Councilor Gonzalez. The Council Members voted by roll call and
the motion failed as follows. 2-Yes; 7-No
Upon resuming, Councilor Silva referenced page 33 of the proposed FY 2008 Budget
document and presented a motion to amend the motion to approve the FY 2008 Budget by
cutting $200,000.00 for election workers [docketed as vote no. 8; 8-16-07]. The motion dies
for lack of a second.
320
Upon being granted the floor, Councilor DiMarca presented a motion to reconsider
the approved amendment cutting two IT Department personnel [docketed as vote no. 6; 8-1607]. The motion was seconded by Councilor Parolisi and the Council Members present
voted unanimously to reconsider the IT Department vote as follows.
8-Yes; 0-No; 1-Abstain [docketed at vote no. 9; 8-16-07]:
Upon being recognized, Councilor Frechette presented a motion to rescind the vote
terminating two IT Department personnel [docketed as vote no. 6; 8-16-07]. The motion was
seconded by Councilor Silva and the Council Members present voted to rescind the cut of
two IT Department personnel [the motion to rescind is docketed as vote no. 10; 8-16-07] as
follows. 8-Yes; 0-No; 1-Abstain
Upon conclusion of the vote taken, a discussion ensued among the Council
Members present concerning the best method by which the Council should proceed.
321
Upon being recognized, Councilor Alvarez-Rodriquez discussed how the budget
process has affected the community.
Upon resuming, Councilor Silva cited page 58A of the FY 208 Budget document and
presented a motion to amend the motion to approve the FY 2008 Budget by cutting one
Deputy Police Chief in the amount of $107,000.00 [docketed as vote no. 11;
8-16-07]. The motion was seconded by Councilor Alvarez-Rodriguez who also presented a
friendly amendment to the motion to cut to allow payment to the current Deputy Chief thru
September 1, 2007. Councilor Silva accepted the friendly amendment presented by
Councilor Alvarez-Rodriguez. A discussion among the Council Members present ensued
concerning the proposed cut presented.
10:00 PM: COUNCILOR DiMARCA PRESENTED A MOTION TO
CONDUCT PROCEEDINGS PAST 10:00 WHICH WAS SECONDED BY
COUNCILOR KOLOFOLES AND APPROVED BY ROLL CALL VOTE OF THE
COUNCIL MEMBERS PRESENT AS FOLLOWS: 8-YES; 1-NO;
As a point of information, Council President Blanchette suggested that the Council
Members be cognizant of sensitive confidentiality issues concerning any retirement of
personnel that should not enter into a public discussion.
Upon no further comments, discussion, or inquiry by the Council Members present,
Council President Blanchette called the motion to amend [docketed as vote no. 11; 8-16-07]
322
to the attention of the Council Members. Upon vote of the Council Members present, the
measure was defeated as follows: 3-YES; 5-NO; 1-Abstain
Councilor Gonzalez - Abstain
IV: COMMUNICATION FROM MAYOR, CITY OFFICIALS AND CITY
ATTORNEY: - None
VI. COMMITTEE REPORTS: - None
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
309/05
34/07
228/07
Municipal Code
Proclamation – Maggie Super Church
X. NEW BUSINESS: - None
323
XI. RECESS:
Upon Motion of Councilor Parolisi as seconded by Councilor Frechette, the Council
Members present voted unanimously [9-0] to recess the meeting of the Lawrence City
Council until August 20, 2007.
RECESSED
(11:00p.m.)
Attest:
William J. Maloney
City Clerk
324
DATE: Monday, August 20, 2007
A SPECIAL MEETING of the City Council was held on Monday, August 20, 2007
at 7: 10 p.m. in the City Council Chamber with all Members present. Councilor Silva arrived
at 7:20 and Councilor Frechette arrived at 7:50.
IV: COMMUNICATION FROM MAYOR, CITY OFFICIALS& CITY ATTORNEY:
- None
VII. WITHDRAWALS:- None
VIII. OLD BUSINESS:
Doc. 184/07: FY’08 Budget – Recess
Upon being recognized Councilor Parolisi presented a motion to resume the Meeting
of the Lawrence City Council and to come out of recess approved on August 16, 2007. The
motion was seconded by Councilor DiMarca and unanimously [7-0] approved by the Council
Members present [7-0] [Councilor Silva and Councilor Frechette not having arrived by the
time of the vote on the motion presented].
325
[Monday, August 20, 2007]
At the invitation of Council President Blanchette, Attorney Boddy addressed the City
Council Members in an effort to explain a legal opinion dated August 20, 2007.
Upon being granted the floor, Councilor Kolofoles discussed the manner which the
amendments to the proposed FY 2008 Budget could be implemented.
Upon being granted the floor, Councilor Gosselin discussed the explanation offered
by Attorney Boddy.
Upon being granted the floor, Councilor Alvarez-Rodriguez also discussed the
implementation of amendments to the proposed FY 2008 Budget and the proper lawful
manner of approach.
Upon being recognized, Councilor Kolofoles discussed vacation “buy back” amounts.
[Councilor Silva arrived at 7:20 p.m.]
Upon being recognized, Councilor Parolisi stated that he formally withdraws his prior
motion to approve the FY 2008 Budget presented on August 16, 2007. He explained that the
effect of withdrawal of the motion for approval of the FY 2008 Budget necessarily results in
the removal of all amendments to this original motion that remained pending.
Upon being granted the floor, Councilor DiMarca discussed presenting a motion to
approve the current FY 2007 Budget as an operating budget for the City of Lawrence in FY
2008.
Upon being recognized, Councilor Silva presented a motion to cut $5 Million from
the proposed FY 2008 Budget document.
326
Upon being granted the floor, Councilor Parolisi discussed the budget and presented a
motion to approve the proposed FY 2008 Budget as presented by the Mayor. The motion
failed for lack of a second.
Upon being granted the floor, Councilor Kolofoles presented a motion to approve an
FY 2008 Budget with a spending cap at $38.9 million. The motion was seconded by
Councilor Gosselin.
A discussion ensued between Councilor Kolofoles and Council President Blanchette
regarding the levy limit and the impact that approval of Councilor Kolofoles’ motion may
have on the levy limit and ultimately upon the recap.
At the request of Councilor Kolofoles, City Assessor Joseph Giuffrida stated that the
levy limit in 2007 was $40,826,728.00 million and the proposed levy limit for 2008 is
$42,947,396.00 million. Councilor Kolofoles presented a motion to approve an FY 2008
budget based on last years FY 2007 Budget figures presented by City Assessor Giuffrida in
the amount of $40,826,728.00 reducing the proposed FY 2008 Budget presented by Mayor
Sullivan in the amount of $2,120,668.00 [docketed as vote no. 12; 8-20-07].
The motion was seconded by Councilor Gosselin and defeated by vote of the Council
Members present for lacking a required sixth vote as follows. 5-Yes; 4-No
327
Upon the conclusion of the vote, a discussion ensued among Council Members
regarding the actual 2007 levy limit.
Upon being granted the floor, Councilor Parolisi stated that if this motion passes,
approximately $2.1million would be reduced from the budget plus $1.7million for a total
reduction of $3.8 million. He suggested that implementation of such a drastic reduction
would not be feasible. A discussion ensued between Councilors Parolisi and Kolofoles
concerning the matter.
Upon being recognized, Councilor Alvarez-Rodriguez discussed various methods by
which budget cuts could be achieved.
Upon being recognized, Councilor Silva stated the school construction fund would
not be impacted if Council did not vote to approve the FY 2008 Budget based upon the levy
limit.
Councilor Alvarez-Rodriguez commented that monies from the school construction
fund could possibly be used to reduce taxes.
Upon being granted the floor, Councilor DiMarca discussed difficulties he has with
certain positions with the Lawrence Police Department and other City Departments that
should be cut. He discussed details of his proposed reductions in an amount of
approximately $2.3 million.
[Council Vice President Frechette arrived at 7:50 p.m.]
Upon the arrival of Councilor Frechette, at 7:50 p.m., Council President Blanchette
provided an update of the proceedings prior to his arrival.
328
Upon being granted the floor, Councilor Silva discussed her efforts to calculate
proposed cuts through her review of approximately 42% of the proposed FY 2008 Budget
document and cited some specific examples of proposed cuts she would recommend.
Upon being recognized, Councilor Frechette stated that be believes Councilor Silva’s
comments about specific Departmental cuts are out of order.
Councilor Silva responded by stating that her efforts were focused upon cuts to
specific line items appearing in the proposed FY 2008 Budget document submitted for
consideration. She added that the City would realize a reduction of costs if the City Parking
services were privatized. A discussion ensued among Council Members concerning
proposed budget cuts being suggested by Councilor Silva.
Upon being granted the floor, Councilor Gosselin stated that the Council should
respect each other during the budget discussions. Councilor Gosselin also discussed
Councilor Kolofoles’s proposal to cut approximately $2 million dollars from the proposed
FY 2008 Budget.
Upon being recognized, Councilor Alvarez-Rodriguez provided clarification of the
2007 FY levy limit and the impact that the sale of surplus City owned real property has upon
the budget.
Councilor Gosselin discussed the possible use of the FY 2008 School Construction
Funds to apply to the levy limit.
Council President Blanchette commented that the proposal requires $3.2million be
raised through the sale of surplus City owned real property.
329
Councilor Gosselin continued to discuss the estimated $3.2 million revenue that
would result from the sale of surplus real property.
Upon inquiry by Council President Blanchette, Mayor Sullivan explained that if the
budgetary reduction presented were approved then it would ultimately result in a cut of
approximately $4.million. The Mayor further explained that all reductions would be taken
only from the City portion of the City Budget rather than the School Department portion of
the City Budget which cannot be used. Mayor Sullivan continued by stating the reasons for
submitting the proposed FY 2008 Budget for consideration and approval by the City Council
Members. He cautioned that reductions to the proposed FY 2008 Budget submitted would
seriously impact City services and operations.
Upon being recognized, Councilor Gosselin discussed and inquired about possible
areas of cuts that may be implemented.
Upon being granted the floor, Councilor DiMarca discussed proposals he has been
submitting to the Mayor for implementation which include, among other suggestions, the
consolidation of offices and other methods of providing a more efficient delivery of
municipal service.
Upon being granted the floor, Councilor Parolisi discussed the $3.2million revenues
obtained from the sale of surplus City owned real property and indicated that the Department
of Revenue [hereinafter DOR] has previously prohibited the use of funds obtained from this
source to supplement the City Budget. At the request of Councilor Parolisi, City Comptroller
David Camasso provided an explanation how approximately $4 million of School
Construction money could be accessed and applied to the City Budget.
330
A discussion ensued between Councilors Alvarez-Rodriguez and Parolisi concerning
the prohibition against using $4million from the School Construction funds. Councilor
Parolisi continued by asking Comptroller Camasso about the implementation of the proposed
FY 2008 Budget as submitted.
Upon being granted the floor, Councilor Silva stated that she has confirmed that DOR
would withhold 1.6 million dollars unless the City Council could present an FY 2008 Budget
that was based upon the current levy limit.
Comptroller Camasso warned that City services would be decimated if the motion to
approve the FY 2008 Budget were approved as proposed by Councilor Kolofoles.
Upon being granted the floor, Councilor Gonzalez discussed school transportation
costs appearing in the proposed FY 2008 City Budget.
Upon being recognized, Councilor Alvarez-Rodriguez discussed and clarified “grant
projects” that do not appear in the budget. She commented that the School Transportation
bid presented was fair and reasonable and therefore, approved.
Upon being granted the floor, Councilor Kolofoles stated that he was amending his
motion to approve the FY 2008 Budget to reflect that it approval would be based upon the
FY 2007 levy amount of $39,015,475.19. After a brief discussion with other Council
Members on the proposed amendment, Councilor Kolofoles withdrew the proposed
amendment.
Upon being granted the floor, Councilor Frechette stated that if revenues are not
raised to the amount proposed by the Mayor, the Council Members should consider the
impact of serious reductions would have upon the City of Lawrence. He also commented
331
that the taxpayer will pay more in property taxes even under the proposal submitted by
Councilor Kolofoles. He stated he would not support the motion for approval of the FY 2008
City Budget presented by Councilor Kolofoles.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed funds received
from the state for educational costs and expenses for use in the City portion of the FY 2008
Budget. She then discussed her reason for supporting the motion presented.
Upon being granted the floor, Councilor Kolofoles discussed the proposed motion to
approve the FY2008 Budget presented. He discussed the history of past and presented
budget approvals.
Upon being granted the floor, Councilor Silva inquired about the proposed cuts she
presented to the Council Members for approval on August 16, 2007.
In response, Council President Blanchette informed Councilor Silva that the proposed
amendments were dissolved upon the withdrawal of the motion by Councilor Parolisi. He
also commented that he believed there were inequities occurring within the prior City budget
submitted and reviewed by the Budget and Finance Committee.
Upon being granted the floor, Councilor Frechette stated that there is no sense in
presenting the impact on public safety through the Police Chief and Fire Department because
the Councilors are not listening to their explanations and information.
Council President Blanchette discussed the motion presented and expressed his
surprise that more meaningful discussions concerning the practicality of proposed budget
cuts were not being presented which would require input concerning the impact of any
proposed measure from the various Department Heads.. He discussed the total amount being
332
proposed equals about 3.7 million dollars in cuts. He also stated that he cannot support the
motion for approval of the FY 2008 Budget as because it will result in the elimination of
current positions held by employees.
Upon being granted the floor, Councilor Gosselin stated that it is difficult to discuss
possible cuts without the ability to obtain information that she has been unable to obtain. She
suggested that the motion for approval of the FY 2008 Budget be withdrawn to allow the
Mayor the opportunity to review the impact of any proposed cut or amendment would have
upon the City and to allow the City Council Members to become better informed.
Upon being granted the floor, Councilor Parolisi stated that he agrees with Councilor
Gosselin and suggested the measure should be defeated and allow the Mayor to come back to
the Council with a viable compromise.
Upon being recognized, Councilor Gosselin asked how she could obtain financial
information necessary to make an informed decision concerning financial matters being
considered.
Upon being recognized, Councilor Parolisi presented a motion to adopt the FY 2008
Budget as submitted by Mayor Sullivan. The motion was seconded by Councilor Frechette
and defeated by the Council Members present as follows. 2-Yes; 7-No
333
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
309/05
34/07
228/07
Municipal Code
XI. RECESS:
Upon Motion of Councilor Silva duly seconded by Councilor Alvarez-Rodriguez, the
Council Members present voted unanimously [9-0] to recess.
RECESS
(9:42p.m.)
Attest:
William J. Maloney
City Clerk
334
2007 at 7: 09 p.m. in the City Council Chamber with all Members present. Councilor
Kolofoles arrived at 7:10 p.m., Councilor Silva arrived at 7:11 p.m. and Councilor AlvarezRodriguez arrived at 7:25 p.m.
Approximately Twenty-eight [28] persons were present.
IV: COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY
ATTORNEY:: - None
VIII. OLD BUSINESS:
Doc. 184/07: FY’08 Budget - Discussed
Councilor DiMarca presented a motion to come out of recess from the City Council
Meeting of Monday, August 20, 2007 and to resume proceedings. The motion was seconded
by Councilor Kolofoles and the Council Members present voted unanimously to come out of
recess and resume proceedings [8-0].
335
Council President Blanchette commenced the meeting by opening the matter under
document number 184/1007 as a public hearing and called upon members of the public to
provide their comment.
Joseph D’Amico, 11 Lorenzo Road, Lawrence, MA asked the Council not to approve
the proposed city budget without review of Police Department and Inspectional Services
expenditures.
Jane Valentine, 525 Andover Street, Lawrence, MA stated that it was important to the
community that the City Council to fund the City Libraries and to keep the South Lawrence
Fire Station open.
Upon being recognized, Councilor Parolisi presented a motion to adopt the proposed
FY 2008 Budget with amendments that may be presented and adopted. The motion was
Upon being recognized, Councilor Parolisi commented further on the matter and
presented an analysis of the implementation of an FY 2008 Budget based upon a $3.6 million
cut.
At the request of Councilor Parolisi, Police Chief John Romero commented on the
adverse impact that budgetary cuts would have upon police services.
[Councilor Alvarez Rodriguez arrived at 7:25]
336
At the request of Councilor Parolisi, Fire Chief Peter Takvorian commented on the
adverse impact the proposed budgetary cuts would have upon fire department services.
At the request of Councilor Parolisi, DPW Director Frank McCann commented on the
adverse impact that proposed budget cuts would have upon delivery of basic City services to
the public regularly delivered by the Department of Public Works.
At the request of Councilor Parolisi, Comptroller David Camasso commented upon
the adverse impact that proposed budget cuts would have upon financial management of the
City if implemented.
At the request of Councilor Parolisi, Library Director Maureen Nimmo commented
upon the adverse impact that proposed budget cuts would have upon Library operations in
the City.
At the request of Councilor Parolisi, Inspectional Services Director, Myles Burke,
commented upon the adverse impact that proposed budget cuts would have upon the
operations of the Inspectional Services Department.
Councilor Parolisi concluded by discussing the results of reduced City Services and
how it would seriously and adversely affect the quality of life the residents of the City of
Lawrence have come to expect.
Upon conclusion of Councilor Parolisi’s presentation, City Assessor Joseph Giuffrida
addressed the Council Members present and provided information concerning certain tax
issues at the request of Council President Blanchette.
337
Assessor Joseph Giuffrida presented an analysis of possible levy limit proposals
prepare by the Assessor’s Office. Council President Blanchette clarified that the amount of
420,668.00 million dollars is a shortfall amount.
Upon being granted the floor, Councilor DiMarca suggested the public safety
personnel engage in a fitness program and that the police be required to patrol the
neighborhoods on foot. He stated that certain cuts could be implemented in the Police
Department without impacting service and suggested these cuts be made to police vehicles
and gasoline credit cards used by the police.
Council President Blanchette presented a memo he prepared referencing certain
policies and possible cuts that could be implemented.
Upon being granted the floor, Councilor Silva stated that although the policy
considerations are important, the issue for consideration is reduction of costs. Councilor
Silva discussed specific cuts proposed in the document presented and read from a list of
proposed reductions that could be implemented in each department. Councilor Silva stated
further that Gerry Perry of the Department of Revenue [hereinafter DOR] suggested if the
Mayor fails to present a thirty day budget then the City Council should bring suit against the
Mayor in Superior Court. Councilor Silva also stated that the tax breaks and waiver of fees
for numerous non-profit institutions result in lowering the revenue base of the City of
Lawrence. Councilor Silva requested that her proposal be accepted as an amendment to the
motion to approve the FY 2008 Budget as presented by Councilor Parolisi. The request was
in the form of a motion and seconded by Councilor Alvarez-Rodriguez.
338
Upon a call for discussion Councilor Alvarez-Rodriguez encouraged the approval of
amendments.
Upon being granted the floor, Councilor Gosselin stated that despite the submission,
she does not believe the analysis submitted explains the impact the proposed cuts would
actually have upon the City of Lawrence. A discussion ensued between Councilor Silva and
Councilor Gosselin concerning the implementation of the proposed cuts.
Upon being granted the floor, Councilor Kolofoles suggested that the Council
Members withhold any action concerning the approval of the proposed FY 2008 Budget until
the cuts and reductions submitted by Councilor Silva were thoroughly reviewed to determine
how they would be implemented and how they will impact City services.
Upon being granted the floor, Councilor Parolisi stated that he disagrees with the
proposed cuts offered by Councilor Silva and does not accept them as an amendment to the
motion for approval of the FY 2008 Budget he presented earlier. He stated that despite the
hard work of Councilor Silva, the proposed cuts, if adopted, would be idiotic. Councilor
Parolisi discussed the serious adverse impact the cuts proposed by Councilor Silva would
have on the City.
Upon being granted the floor, Councilor Silva stated that she made an error in
presenting the amount of the proposed cut to Inspectional Services which should be
$62,700.04 rather than $627,000.04.
Upon being granted the floor, Councilor Frechette stated that the amendment
being proposed by Councilor Silva has no impact on the levy limit or the tax rate.
339
Councilor Frechette asked if the reduction is approved how the cuts, if adopted,
will affect the levy limit and tax rate. Planning Director Sweeney offered to respond to the
question posed by Councilor Frechette and stated that the reductions being proposed will not
change the levy limit or tax rate.
Councilor Frechette asked Police Chief John Romero to summarize the impact the
proposed cuts would have upon the operations of the Lawrence Police Department. In
response, Chief Romero stated the Police Department would lose between sixteen and
seventeen police officers.
Upon further questions posed by Councilor Frechette, Chief Takvorian stated the cuts
being proposed would result in the loss of about seven or eight positions and one fire station
would be closed.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that the cuts
proposed by Councilor Silva would not cut employees from positions. She stated further that
if the proposed cuts were approved, the next obvious step is to adopt a tax rate and levy limit
that reflect the reduction.
Upon being granted the floor, Councilor Kolofoles stated that he does not believe the
cuts have to be implemented by cutting personnel from each department.
At the request of Council President Blanchette, Planning Director Michael Sweeney
stated that the if the proposed cut to the Planning Department were approved in the amount
of $1,800.00 as recommended, the Zoning Board of Appeals would lose its ability to provide
public notices required by law when zoning or planning amendments are being presented for
approval.
340
Council President Blanchette informed the Council Members that the Community
Development Department operates with funds obtained by Federal Grants which provides
approximately 98% of the monies necessary. Director Sweeney added that if the proposed
cuts were implemented, the Planning Department will be required to terminate tow staff
members. A discussion ensued between Councilor Alvarez-Rodriguez and Director Sweeney
concerning the specific positions that may be jeopardized in the Planning Office.
Upon being recognized Police Chief John Romero commented that even if the cuts
being proposed were applied to eliminate all operation costs and expenses, there would still
be about $200,000.00 needed to cut from the Police Department to satisfy the cut being
applied.
Upon no further discussion Council President Blanchette called the motion to approve
amendments to the proposed FY 2008 Budget as presented submitted by Councilor Silva and
seconded by Councilor Alvarez-Rodriguez to the attention of the Council Members present
for their consideration [recorded as vote no. 1; 8-23-07]. Upon vote of the Council Members
present, the proposed amendments to the FY 2008 Budget as presented by Councilor Silva
were approved as follows: 5-Yes; 4- No
341
Upon conclusion of the vote regarding the approval of the amendments proposed and
submitted by Councilor Silva, Council President Blanchette called the motion for the
approval of the FY 2008 Budget presented by Councilor Parolisi as seconded by Councilor
Frechette for the consideration of the Council Members present.
Before a call for a vote of the Council Members was commenced, Councilor
Kolofoles was granted the floor and presented a motion to further amend the proposed FY
2008 Budget by reducing revenues by $3,461,065.80 [recorded as vote no.2; 8-23-07]. The
motion was seconded by Councilor Alvarez-Rodriguez and opened for further discussion of
the Council Members by Council President Blanchette.
Upon granted the floor, Councilor Frechette and Mayor Sullivan discussed what the
levy limit that would result of the amendment proposed by Councilor Kolofoles were
approved.
Council President Blanchette informed the Council Members that if the amendment
proposed by Councilor Kolofoloes were approved the levy limit would be $39,486,331.80.
Council President called the motion presented by Councilor Kolofoles to further
amend the proposed FY 2008 Budget by reducing revenues by $3,461,065.80 [recorded as
vote no.2; 8-23-07] as seconded by Councilor Alvarez-Rodriguez for the consideration of the
Council Member present. Upon a roll call vote of the Council Members present, the motion
to amend [recorded as vote no. 2; 8-23-07] was approved as follows: 5 – Yes; 4 - No:
342
Upon conclusion of the recorded vote, Council President Blanchette called the motion
to approve the FY 2008 Budget presented by Councilor Parolisi as seconded by Councilor
Frechette [recorded as vote no. 3; 8-23-07] for the consideration of the Council Members
present. Council President Blanchette informed the Council Members that a vote taken on
the original motion presented by Councilor Parolisi includes the approved amendments
presented by Councilor Silva [recorded as vote no. 1; 8-23-07] as well as the approved
amendment presented by Councilor Kolofoles [recorded as vote no. 2;
8-23-07].
Director Sweeney suggested that the Council Members consider voting on the
measure by having the approved amendment for the reduced amount of $3,461,065.80
[recorded as vote no.2; 8-23-07] be referenced only as declaring “no tax increase” rather than
a specific amount.
Upon being recognized, Councilor Kolofoles asked Director Sweeney about the
proposed language of the amendment approved. A discussion ensued between Councilor
Kolofoles and Director Sweeney regarding the implementation of the proposed FY 2008
Budget with the approved amendments.
343
Upon being granted the floor, Councilor Frechette stated that he does not agree with
Director Sweeney’s suggestion because the recap must be approved by D.O.R. based on
specific and actual amounts.
a $3.4 million cut will actually result in a $5 million cut. Director Sweeney stated that he is
confident that the Council Members cannot vote to set a levy limit by voting to approve the
FY 2008 Budget with the approved amendments reflecting reductions. He then explained
and discussed his reasoning on the matter to the Council Members.
Council President Blanchette expressed concern that a vote is not binding by simply
referencing the matter in “words” and the amendments may be void. A discussion ensued
concerning the impact of approving the motion to adopt the FY 2008 Budget with the
approved amendments.
Upon no further discussion on the matter, Council President Blanchette again called
the motion to approve the FY 2008 presented by Councilor Parolisi as seconded by Councilor
Frechette [recorded as vote no. 3; 8-23-07] for the consideration of the Council Members
present which includes the approved amendments presented by Councilor Silva [recorded as
vote no. 1; 8-23-07] as well as the approved amendment presented by Councilor Kolofoles
[recorded as vote no. 2; 8-23-07]. Upon a roll call vote, the Council Member present voted
to defeat the motion to approve the FY 2008 Budget as follows:
5-Yes; 4-No.
344
Upon conclusion and recording of the vote, Councilor Parolisi presented a motion to
adjourn [recorded as vote no. 4; 8-23-07] which was seconded by Councilor Frechette and
defeated by roll call vote of the Council Members present as follows: 3-Yes; 6-No.
Upon being recognized, Councilor Parolisi presented a motion to approve a FY 2008
Budget with a levy limit set at $42,326,725.00. Council President Blanchette informed
Councilor Parolisi and the other Council Members that the proposed motion was not feasible
as presented. No second to the motion was offered by any Council Member present and the
motion died for lack of a second.
Upon being recognized Councilor Kolofoles presented a motion to cut 2.1 million
dollars to the proposed FY 2008 Budget as presented. No second was offered by any Council
Member present and the motion died for lack of a second.
Councilor Kolofoles offered a further motion to cut 2.4 million dollars from revenue
side from real estate taxes. The motion was seconded by Councilor DiMarca
345
[recorded as vote no. 5; 8-23-07] and defeated by roll call vote of the Council Members
present as follows: 3-Yes; 6-No.
Doc. 184/07: Discussed
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
309/05
34/07
228/07
Municipal Code
XI. ADJOURNMENT:
Upon Motion of Councilor Frechette as seconded by Councilor Kolofoles, the
Council Members present voted as follows to Adjourn [recorded as vote no. 10; 8-23-07].
346
ADJOURNED
(9:37p.m.)
Attest:
William J. Maloney
City Clerk
347
Councilor Parolisi.
Approximately Eighty-seven [87] persons were present.
IV: COMMUNICAITON FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY:
- None
VIII. OLD BUSINESS:
Doc. 184/07: FY’08 Budget – Recessed
Upon being recognized Councilor Silva read a prepared statement into the record.
Upon being recognized Mayor Sullivan commented on the positive aspects of the
progress the City Of Lawrence has made recently. He commented that based upon
information received by D.O.R. and its Counsel, he believes the budget has been approved.
348
Council President Blanchette stated that Mayor Sullivan has submitted an opinion
from D.O.R. stating that the FY’08 Budget has been approved as submitted in June of 2007.
Upon being granted the floor, Councilor DiMarca commented about the
administration before the Council this evening. He discussed the rate of unemployment, rate
of having foreclosures and other matters pertaining to the budget. Councilor DiMarca
discussed possible areas of financial savings possible through the elimination of unnecessary
spending.
Council President Blanchette stated that the opinion presented by the Mayor needs to
be reviewed on behalf of Council.
Upon being recognized Councilor DiMarca stated that he believes the Council has
taken “action” sufficient to be considered lawful “action as required”.
Upon being granted the floor, Councilor Frechette discussed the multiple version of
the FY2008 Budget submitted by the Mayor. He stated that he believes a clarification is
necessary regarding the standing of the City Council.
Council President Blanchette read from D.O.R. Representative Nunes’ position as
submitted by the Mayor. He stated that there are serious questions as to whether the opinion
of City Attorney Boddy and the D.O.R. stands for the proposition it was presented to stand
for by the Mayor.
Upon being recognized Councilor DiMarca discussed the historical application of
State Law.
349
Council President Blanchette stated that the Council should make contingency plans
to assure the city remains operational.
Upon being granted the floor, Councilor Alvarez-Rodriguez suggested that the U.S.
Attorney should be contacted or the State Attorney’s Office should be contacted regarding
this matter. Council President Blanchette stated that he does not believe the U.S. Attorney or
Attorney General will intercede in matters of local concern. Councilor Alvarez-Rodriguez
continued discussing the possible methods of seeking further action.
Council President Blanchette stated that some immediate action is necessary to assure
that the city remains operational. He stated that further inquiry of Attorney Boddy is
necessary.
Upon being granted the floor, Councilor Kolofoles stated that he disagrees with the
opinion of Attorney Boddy.
Upon being recognized Councilor Frechette presented a motion to send a letter to
Attorney Boddy for a ruling on the measure. The motion was seconded by Councilor
Alvarez-Rodriguez.
Upon a call for discussion Councilor Silva stated that the letter from D.O.R. was
addressed to Director Michael Sweeney and not the Mayor or the City Council. She stated
that she does not believe the opinion submitted this evening is competent.
Upon being granted the floor, Councilor Gosselin commented that she is disappointed
at the demonstration of arrogance as presented this evening. She stated that whoever
orchestrated this fiasco should be removed. Councilor Gosselin further stated that the tactic
is a poor one done at a crucial time.
350
Upon being granted the floor, Councilor Gonzalez stated that 91 out of 101 calls he
received in favor of approving the FY2008 Budget were from individuals being outside of
Lawrence. He commented on his disdain for the action presented by the Mayor this evening.
At 8:10 p.m. Councilor Alvarez-Rodriguez presented a motion to recess the
Council proceedings in an effort to reach Attorney Boddy. The motion was duly
seconded by Councilor Gosselin and unanimously approved by voice vote of the
Council Members present.
At 9:10 p.m. Councilor Frechette presented a motion to come out of recess. The
motion was duly seconded by Councilor Gosselin and unanimously approved by voice
vote of the Council Members present.
Council President Blanchette reviewed the proceedings occurring during the evening.
Upon the appearance of City Attorney Boddy, Council President Blanchette asked him to
explain his opinion concerning the claim that the budget for FY2008 was approved pursuant
to the City Charter and Mass. General Law. Attorney Boddy discussed his engagement by
the Mayor’s Office to review and analyze G.L.Ch.44 Sec.32 and City Charter provision 7.2.
He stated that his research commenced at about 4:00 p.m. today [8-30-07] and did not
conclude until about 7:00 p.m. this evening.
Council President Blanchette inquired about what extent his opinion was solicited and
who had asked for his opinion. Attorney Boddy stated he was asked only to perform a
comparative analysis of the City Charter and State Law regarding the budget approval
process only and not whether the budget was approved. He stated he was asked by the
Mayor.
Upon being granted the floor, Councilor DiMarca discussed prior conversations he
had with Attorney Boddy recently.
351
Upon being granted the floor, Councilor Silva asked Attorney Boddy concerning the
required course of conduct for reporting. Attorney Boddy stated he works for the City Of
Lawrence and not for the Mayor or Council. He stated that the Council Members should set
ground rules concerning dissemination of opinions that may be requested by Council.
Councilor Silva asked if the City Attorney has the authority to rule upon an issue of opinion.
Attorney Boddy agreed and stated that rulings are reserved for Courts. Councilor Silva
commented about alleged violation of budgetary process by the Mayor and suggested that
City Attorney agree that the Mayor’s Office committed violations of law in the budget
process.
Council President Blanchette asked Attorney Boddy what constitutes “action” in
regard to a budget submitted June 5, 2007, rejected on July 19, 2007, resubmitted July 25,
2007 and subject to Council discussion. He stated that certain information was not presented
by the Administration regarding the course of conduct by the Mayor’s Office.
Attorney Boddy states that he would have to review the matter in greater detail to
provide a meaningful opinion. A discussion ensued concerning the possible meaning of
D.O.R.’s opinion. He suggested that he would probably have to discuss the matter with the
Department of Revenue. A discussion ensued about the course of conduct of the City
Council regarding the budget.
Upon being granted the floor, Councilor Frechette asked Attorney Boddy to assist to
resolve the current dilemma concerning the status of the budget. A discussion by Councilor
Frechette ensued concerning the historic practice of the City Council regarding the budget
approval process.
352
Upon being granted the floor, Councilor Alvarez-Rodriguez concurred with
Councilor Frechette regarding comments and citations to “action” taken by the Council. She
suggested that the City Attorney be authorized to proceed by way of an “injunction” against
the claim of an existing budget. A discussion ensued regarding the appropriate process to be
followed.
Upon being granted the floor, Councilor DiMarca stated his disgust with the process
being followed in regard to the current budget.
Upon being granted the floor, Councilor Gosselin asked Attorney Boddy about the
content on the conversation between Attorney Boddy and Planning Director Sweeney.
Attorney Boddy discussed the contents of that conversation. A discussion ensued about the
opinion rendered today as presented by the Administration and how it was misused.
Attorney Boddy discussed the limited information he has received from the
Administration concerning the matter and possibly there is other information being provided
in support of the proposition that a budget has effectively been approved.
Upon being granted the floor, Councilor Gonzalez inquired about the time he began
the process of preparing an opinion. Attorney Boddy discussed the opinion and further
pointed out the research he would have to perform on the matter to render an opinion.
Upon being granted the floor, Councilor Kolofoles discussed receipt of a budget
document by police delivery on July 25, 2007 as being the third submission. He stated his
disgust for the action of the Administration this evening.
353
Council President Blanchette explained the motion and discussed the importance
regarding this matter.
Upon being granted the floor, Councilor Silva commented that Attorney Boddy’s
work should not be diverted. She discussed her disagreement with the opinion being
advanced by the Administration. She advocated proceeding to court to obtain a ruling
regarding a thirty day budget.
Upon being recognized Councilor Kolofoles discussed the importance of proceeding.
Council President Blanchette explained the time line of events:
June 5, 2007-Council referred FY’08 Budget to Budget & Finance Cmt.
June 12, 2007-Budget & Finance Committee – review
July 17, 2007-report from B & F –rejected as a whole
July 25, 2007-New Budget
July 27, 2007-Special Meeting-Public Hearing ordered
30 Day Budget for August/2007
Aug. 16, 2007-recessed/discussed
Aug. 23, 2007-Adjourned after discussion
Upon being granted the floor Councilor Frechette pointed out Charter Rule 7.4,
Capital Budget.
As presented by Councilor Frechette and seconded by Councilor Alvarez-Rodriguez,
Council President Blanchette called the motion to contact City Attorney Boddy to render an
opinion regarding whether or not there is an effective FY’08 Budget
354
as claimed by the Mayor. The Council Members present voted as follows to approve the
motion. 8-Yes; 0-No; 1-Absent
Upon being recognized a motion was presented by Councilor Frechette to recess to
Friday, August 31, 2007 @ 2:00 p.m. The motion was seconded by Councilor DiMarca and
the Council Members present voted
as follows to recess. 8-Yes; 0-No; 1-absent
Doc. 184/07: Recess
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
355
14/07
107/07
123/06
34/07
228/07
Municipal Code
XI. RECESS:
Upon Motion of Councilor Frechette duly seconded by Councilor DiMarca, the
Council Members present voted unanimously to Recess to Friday, August 31, 2007 @ 2:00
p.m.
RECESSED
(10:30p.m.)
Attest:
William J. Maloney
City Clerk
356
DATE: Friday, August 31, 2007
A SPECIAL MEETING of the City Council was held on Friday, August 31, 2007
at 2: 20 p.m. in the City Council Chamber with all Members present.
Approximately Thirty-five [35] persons were present.
IV: COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY ATTORNEY:
- None
VIII. OLD BUSINESS:
Doc. 184/07: FY’08 Budget - Discussed
Upon resuming the Special Meeting of Thursday August 30, 2007, Councilor
Alvarez-Rodriguez presented a motion to come out of recess, which was duly seconded by
Councilor Gonzalez and unanimously approved by the Council Members present.
[9-0]
Council President Blanchette presented the purpose of the meeting. He asked
Attorney Boddy if he had been in contact with anyone in the Administration. Attorney
357
[Friday, August 31, 2007]
Boddy stated he was in conference call with the D.O.R. which included two staff members of
D.O.R., Michael Sweeney, Mayor Sullivan, Attorney D’Agostino, Assistant Assessor Alex
Vega, Councilor Parolisi and later Nora Carroll.
Council President Blanchette asked Attorney Boddy to state his opinion regarding
“action”. Attorney Boddy stated that this is a matter of first impression. He discussed the
method and means of his research concerning a determination regarding whether a budget
was passed pursuant to G.L. Chapter 44 Section 32. He stated that it is the consensus of all
City Attorneys present regarding the position that the case presented is unique. The vote to
“reject” taken by Council is consistent with past practice of the City Council. The vote to
“reject” was taken without prior publication. The effect of the defective vote results in a
failure of “action” taken from June 12, 2007 through or about July 27, 2007.
Council President Blanchette asked what impact or result would a subsequent
submission of a budget by the Mayor have. Attorney Boddy suggested that although he
could not speculate what the intention of the Mayor might have been, the vote of July 17,
2007 to reject the budget is nonetheless defective.
Council President Blanchette discussed and cited the course of conduct of 2002
concerning a similar circumstance regarding tacit approval of a budget. He stated that it is
Attorney Boddy’s opinion that the budget of June 12, 2007 is in effect. Attorney Boddy
agrees.
358
Upon being granted the floor, Councilor Frechette asked if the fact of publication of a
later budget draft makes a difference. Attorney Boddy stated that the June 12, 2007 Budget
is in effect by operation of law and publication makes little difference.
Upon being granted the floor, Councilor Silva stated that she believes “action” had
been initiated by the City Council. She recounted prior conduct of Council and herself
regarding the FY2008 budget. She stated that further action by Council is warranted under
the circumstances.
Upon being granted the floor Councilor Parolisi stated he was not invited to the
meeting with D.O.R. and the Mayor’s staff but had inadvertently “walked-in” on a
conference call while trying to determine what was going on while he was away.
A discussion ensued between Councilor Parolisi and Councilor Blanchette.
Council President Blanchette asked Attorney Boddy what the term “action” means
and the legal opinion of Attorney Carol Hajjar McGravey regarding her 2002 opinion.
Upon being granted the floor, Councilor DiMarca stated that the opinion being
received from Attorney Boddy is contrary to the right of the people to be represented by the
Councilors elected. He stated he wished to investigate the matter further.
Upon being granted the floor, Councilor Silva asked about the attendance of Mark
Andrews at the conference call and objected to his appearance.
Council President Blanchette asked Attorney Boddy if a copy of the June 12, 2007
budget can be made available because the City Clerk never had a copy of that document. He
asked what the effective date of the budget of June 12, 2007. Attorney
359
Boddy stated July 27, 2007. Council President Blanchette asked what effect the approval of
a thirty day budget has upon the overall City Budget. Attorney Boddy stated he would have
to do more research on the issue.
Upon being recognized Councilor DiMarca presented a motion to not accept the
opinion of the City Attorney.
Upon being recognized Councilor Silva asked what recourse may be available.
Attorney Boddy stated a complaint for declaratory judgment.
Councilor Silva moved to “amend the motion” to such declaratory judgment.
Councilor DiMarca accepted the amendment to his motion.
Upon a call for discussion Councilor Gosselin discussed that she does not believe or
have confidence in the City Attorney because he met with the Mayor’s staff even after
promising that he would not meet with either side. Attorney Boddy responded. He discussed
the course of action and his initiating contact with D.O.R. to obtain answers to questions put
to him by Councilors. Attorney Boddy explained how the teleconference ended up in the
Mayor’s Office. He stated that it is somewhat insulting to be told that he has betrayed the
Council or the Office.
Upon being granted the floor, Councilor Alvarez-Rodriguez thanked all who
remained after the Mayor left the Chamber last evening and have come to the meeting today.
She recounted the course of the budget process over the past few months. She suggested
referring the matter to the Department of Justice and/or the State Attorney General, if not at
least some court action is required.
360
Upon being granted the floor, Councilor DiMarca stated there was never a call to fire
Attorney Boddy.
Upon being granted the floor, Councilor Parolisi clarified that the first budget did not
include the “slush fund” for the Mayor’s Office. He asked who may represent the city.
Attorney Boddy stated he would recommend Mark O’Connell who has expertise in this area
of law. Councilor Parolisi pointed out that D.O.R. was also looking for an opinion.
Council President Blanchette clarified that there would be no budget in effect if
declaratory relief is not granted.
Upon being granted the floor, Councilor DiMarca asked Attorney Boddy what would
be the effect of failure to obtain Declaratory Relief the city would have a budget. Attorney
Boddy agreed. Councilor DiMarca stated he would support the motion presented.
Upon being granted the floor, Councilor Frechette asked if there were any other
remedies other than Court action. Attorney Boddy stated that it is unlikely to obtain
immediate action by Court sent...He stated the budget of June 12, 2007 is in effect by
operation of law. A discussion ensued about the issues presented that results in an ineffective
vote of Council to “reject” the budget. Councilor Frechette asked Attorney Boddy if he was
aware of the 2002 opinion of the City Attorney. Attorney Boddy stated he was not aware of
it. A discussion ensued about the effect of past practices upon the opinion rendered.
Councilor Frechette commented that he is sorry it has come to this point and that other
Councilors are calling for Court action. Upon being asked Attorney
361
Boddy stated that he would provide a written response concerning prior votes of Council.
Councilor Frechette stated that he credited the Mayor with finding a solution to the budget
impasse. He stated he reluctantly supports the legal opinion of Attorney Boddy presented
today.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked clarification
regarding the procedural issues of July 17, 2007.
Upon inquiry of Councilor Parolisi, Council President Blanchette explained the
budget of June 12, 2007 would likely be in effect.
Council President Blanchette stated he has some trouble proceeding to Court because
of the other issues that may result and negatively impact the city.
Doc. 184/07: Discussed
IX. TABLED MATTERS:
362
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
34/07
228/07
Municipal Code
XI. ADJOURNMENT:
Upon Motion of Councilor Kolofoles duly seconded by Councilor Frechette, the
ADJOURNED
(3:37p.m.)
Attest:
William J. Maloney
City Clerk
363
DATE: Wednesday, September 5, 2007
A REGULAR MEETING of the City Council was held on Wednesday, September
5, 2007 at 7:08 p.m. in the City Council Chamber with all Members present.
John Lydon 9 Monroe Street, Lawrence, MA opposed the change of name to the Mt.
Vernon Park.
Ellie Curtin, residence, Brunswick House City, Lawrence, MA discussed the long
needed improvements for Essex Street which she hopes will be done with the scheduled
renovation. She discussed the plight of the homeless along Essex Street.
Elaine Guilmette Costello, 33 Mount Vernon Street, Lawrence, MA, stated she would
like to maintain the name of the Mt. Vernon Park and opposes the name change.
Lindy Galland , 196 West Street, Lawrence, MA,stated that she enjoyed the Italian
Festival and Bread and Roses events. She also discussed issues concerning agency disrespect
of Lawrencians.
364
[Wednesday, September 5, 2007]
Bob Comeau, 16 Boyd Street, Lawrence, MA, stated that Mt. Vernon Park should
remain unchanged. He informed the Council Members that Mr. Quinlan made his mark at
Lawrence High School.
Frank Incropera, 514 Mt. Vernon Street, Lawrence, MA stated that he sent seventy emails to members of the Mt. Vernon Neighborhood Association and received responses from
sixty-five. He voiced his opposition to changing the name of Mt. Vernon Park.
Walter Pomerleau, 358 Mt. Vernon Street, Lawrence, MA, stated he has lived in
Lawrence for 85 years and stated that Mt. Vernon Park should not be re-named.
Paul Lambert, 15 Jefferson Street, Lawrence, MA, President of the South Lawrence
West Little League stated that he and everyone else he knows prefers the park to remain as
the Mt. Vernon Park.
Mark Gray, 159 Carlton Street, Lawrence, MA, stated that he does not believe that
funding the city budget would curb spending. He suggested viewing the budget problem
from different angles.
Myles Burke, 10 Mt. Vernon Terrace, Lawrence, MA, stated that he supports naming
Mt. Vernon Park as Quinlan Park. He suggested a possible name change be William Quinlan
Field at Mt. Vernon Park. He stated he supports the appointment of David DiFilippo to the
Lawrence Housing Authority.
Dorothy Incropera, 514 Mt. Vernon Street, Lawrence, MA, agrees with her husband
Frank Incropera and Walter Pomerleau against re-naming Mt. Vernon Park.
365
James Stokes, 103 Boxford Street, Lawrence, MA, stated that the lack of traffic
signals presents a serious hazard and caused him to get into a car accident. He suggested the
Council look into the matter.
the order appearing on the agenda. The motion was duly seconded and unanimously
III. COMMITTEE REPORTS:
Doc. 227/07: Appointment – Lawrence Housing Authority Bd. – David DiFilippo -5
year – Personnel Committee - Approved
from the Personnel Committed in the form of a motion to appoint David DiFilippo to the
Lawrence Housing Authority Board. The motion was seconded by Councilor AlvarezRodriguez.
Upon a call for discussion, Councilor Alvarez-Rodriguez spoke in support of Mr.
DiFilippo’s appointment.
Council President Blanchette commented on the length of service.
the Council Members present voted unanimously [9-0] to appoint Mr. DiFilippo to the
Lawrence Housing Authority.
366
Councilor DiMarca presented a motion to take document #237/07 out of the order
appearing on the agenda. The motion was duly seconded and unanimously approved by the
IV. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc. 237/07: Proclamation – Napoli Pizza – Gino Iacovella – Councilor DiMarca –
Presented
Members present and called upon Councilor DiMarca to present the Proclamation.
Mr. Iacovella thanked the City Council for bestowing the honor and recognition upon
him and his family. He recounted the history of Napoli Pizza and cited the support of his
family as the reason for its success.
V. PUBLIC HEARINGS:
Doc. 149/07: Handicapped Parking – 226 Andover Street – hearing held – Approved –
30 Days Waived
Council Members.
367
presented by Councilor Kolofoles, as seconded by Councilor Gosselin, the Council Members
present voted unanimously [9-0] to approve a Handicapped Parking at 226 Andover Street,
Lawrence, MA
A further motion presented by Councilor Kolofoles to waive the 30 days waiting
period required by section 3.8(a) of The Lawrence City Charter was duly seconded and
unanimously approved by the Council Members Present [9-0].
Doc. 149/07: Approved - 30 Days Waived
Doc. 186/07: Handicapped Parking – 1 Bailey Street – hearing held– Approved – 30
Days Waived
Council Members.
Members present to consider the matter presented. Upon a motion of Councilor
368
Kolofoles to approve and to waive the 30 day waiting period required by section 3.8(a) of
The Lawrence City Charter and seconded by Councilor Alvarez-Rodriguez the Council
Members present voted unanimously [9-0] to approve the Handicapped Parking at 1 Bailey
Street, Lawrence, MA
Doc. 186/07: Approved-30 Days Waived
locate poles, wires, and fixtures on Canal Street – hearing held – Approved
Council Members.
Dave Bouche` representing Nation Grid described the work to be performed in
relation to the petition filed.
Council Members present to offer comment or discussion. Upon no discussion or comment
offered by the Council Members present, Council President Blanchette 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 DiMarca, as seconded by
Councilor Gosselin, the Council Members present voted unanimously [9-0] to approve
National Grid’s request for permission to locate
369
poles, wires and fixtures on Canal Street.
locate poles, wires, and fixtures on Park Street – hearing held – Approved
Council Members.
Dave Bouche` representing Nation Grid described the work to be performed in
relation to the petition filed.
Upon being granted the floor, Councilor Kolofoles posed questions to Mr. Bouche` in
regard to the proposed work.
presented by Councilor Parolisi, as seconded by Councilor Gosselin, the Council Members
present voted unanimously [9-0] to approve National Grid’s request for permission to locate
poles, wires and fixtures on Park Street.
370
VI: COMMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY
ATTORNEY:
Doc. 242/07: Appointment – Budget and Finance Director – Mark J. Andrews –
recommendation – Mayor Sullivan – Ref to Personnel
Doc.245/07: Appointment – Temporary Board of Registrars – William J. Maloney,
City Clerk – Tabled
A motion presented by Councilor Frechette to table the measure was seconded by
Councilor Alvarez-Rodriguez and unanimously [9-0] voted upon by Council Member
present.
Doc.245/07: Tabled
Doc. 184/07: City Attorney Charles Boddy – Progress Report re: Declaratory Relief –
Council President Blanchette-Tabled
Council President Blanchette introduced and invited Attorney Boddy to present a
status report concerning various requests to the City Attorney. Attorney Boddy reports that
he has been making inquiry with a firm to engage the services of outside Counsel for the
purpose of pursuing action against the Mayor. He explained the efforts taken to secure
representation to date. Attorney Boddy also presented an opinion concerning the question as
to what constitutes the “action” by the Council. [Attorney Boddy opened regarding the
approval process of the FY’08 budget presented by the Mayor dated June12, 2007, July 17,
2007 and July 27, 2007].
Council President Blanchette discussed the reason the matter carries importance of
the matter. Attorney Boddy suggests that if no “action” is taken on the FY2008
371
Budget version dated July 27, 2007 by Sept. 8, 2007 or by Sept. 10, 2007 then it will become
effective by operation of law. [A discussion ensued between Attorney Boddy and Council
President Blanchette].
Upon being recognized Councilor Kolofoles presented a motion to reconsider vote #1
of August 31, 2007 to record a vote not to accept the opinion rendered by City Attorney
Charles Boddy [which advised against seeking Delcaratory Relief] and to authorize legal
action for Declaratory Relief on the budget issues presented. The motion was seconded by
Councilor DiMarca.
Upon a call for discussion Councilor Silva suggested to table the item [184/07] until
further action is taken on the budget. She presented this in the form of a motion. The motion
dies for lack of a second. Discussion ensued among Council Members concerning the
situation.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that the
information being provided by the City Attorney gives the Council an opportunity to address
important financial issues presented. She suggested that further legal action is not necessary.
Upon being granted the floor, Councilor Parolisi asked Attorney Boddy what budget
is in effect. Attorney Boddy stated that the budget of July 17, 2007 is in effect.
Upon being granted the floor, Councilor Gosselin discussed possible options
regarding the action to be taken regarding the July 27, 2007 budget with Attorney Boddy.
Upon being granted the floor, Councilor Silva discussed the increase of 3 million
dollars presented in the July 27, 2007 FY2008 Budget and asked what impact the July 27,
372
2007 may have on the overall budget. Attorney Boddy stated the budget of 2008 submitted
on July 27, 2007 presented a reduction from the July 17, 2007 budget.
Upon consideration, the Council Members voted as follows to reconsider vote #1 of
August 31, 2007, to authorize Declaratory Relief concerning the action of the Mayor. 8-Yes;
1-No
Upon being recognized Councilor Alvarez-Rodriguez presented a motion to table
Doc.184/07 as seconded by Councilor Kolofoles and the Council Members present voted
unanimously [9-0] to table the item.
Doc.184/07: Tabled
VII. APPROPRIATIONS-ORDERS-RESOLUTION:
Doc.236/07: Appropriation – Request to pay FY 2007 Bills (Eagle Tribune-Ads$668.12-Advertising-William J. Maloney, City Clerk- Ref. to Budget & Finance
373
Doc. 226/07: Mt. Vernon Ballpark to be named for William D. Quinlan – Ordinance
report from the Ordinance Committed in the form of a motion to approve Mt. Vernon
Ballpark to be named for William D. Quinlan as seconded by Councilor Frechette.
Upon a call for discussion Councilor Frechette discussed the importance this matter
has received by the South Lawrence Neighborhood. He recounted other park dedications he
recalls over the years. He stated that he proposed an amendment to remain Mt. Vernon Park
with one field as Quinlan Field. Councilor Kolofoles accepts amendment. Councilor
Frechette stated he supports the motion as amended.
Upon being granted the floor, Councilor Parolisi concurred with Councilor Frechette.
He discussed the appropriateness of keeping the name of the park while naming a field for
Mr. Quinlan in the Mt. Vernon Park.
Upon being granted the floor, Councilor Alvarez-Rodriguez spoke in support of the
amended motion.
Upon being granted the floor, Councilor Silva discussed the numerous e-mails and
phone calls she received regarding the matter. She believes the Mt. Vernon Park should not
be changed.
Upon being granted the floor, Councilor Kolofoles recounted the accomplishments of
Mr. Quinlan in athletics which brought praise from many people and honor to the City Of
Lawrence.
374
Upon being granted the floor, Councilor DiMarca recounted his personal family
history in the Mt. Vernon area. He suggested that the name of Quinlan Field @ Mt. Vernon
Park be considered. Councilor DiMarca stated that he supports keeping the park named as
Mt. Vernon Park.
Council President Blanchette clarified the motion which was to keep “Mt. Vernon
Park” as “Mt. Vernon Park” with the back field dedicated to William D. Quinlan. He
discussed the appropriate process being followed in this matter and praised Councilor
Frechette for his dedication to this and all matters before Council. Councilor Kolofoles
clarified the amendment.
the Council Members present voted unanimously [9-0] to amend motion to keep Mt. Vernon
Park name with main field as Quinlan Field.
Doc. 229/07: Lawrence Cultural Alliance – use of Appleton Way – on 9/14/07 –
report from the Ordinance Committed in the form of a motion to approve Lawrence Cultural
Alliance use of Appleton Way on Sept. 14, 2007. The motion was seconded by Councilor
DiMarca and the Council Members present voted unanimously [8-0-1] to approve the item.
[Councilor Parolisi absent from chamber]
375
Doc. 234/07: Civil War Memorial Guard – use of Campagnone Common on Sept. 21st,
22nd and 23rd – Ordinance Committee – Approved
report from the Ordinance Committed in the form of a motion to approve the Civil War
Memorial Guard use of the Campagnone Common. The motion was seconded by Councilor
Gonzalez and the Council Members present voted unanimously [8-0-1] to approve the item.
Doc.218/07: Plymouth Park Tax Service LLC – Budget and Finance Comm.- Tabled
report from the Budget and Finance Committed in the form of a motion as an unfavorable
recommendation. The motion was seconded by Councilor Frechette. Upon being recognized
Councilor Frechette presented a motion to table the item as seconded by Councilor AlvarezRodriguez and the Council Members present voted unanimously [8-0-1] to table the item.
Doc. 218/07: Tabled
Doc. 233/07: DF Realty LLC – Airport property lease request – Budget and Finance
Committee – Tabled
report from the Budget and Finance Committee to approve the measure. The report was
presented in the form of a motion and seconded by Councilor Alvarez-Rodriguez. Upon
being recognized Councilor Frechette presented a motion to table the item as seconded by
376
Councilor Kolofoles and the Council Members present voted unanimously [8-0-1] to table
the item. [Councilor Parolisi absent from chamber]
Doc. 233/07: Tabled
IX. WITHDRAWALS:
Council President Blanchette granted Councilor Silva the floor for the purpose of
presenting matters concerning the withdrawal of pending matters before the Personnel
Committee. Councilor Silva moved to present the matters listed below in “block” form for
withdrawal from the Council agenda. The motion was seconded by Councilor DiMarca and
Council Members present voted unanimously [8-0] to withdraw the following matters from
the City Council Agenda: [Councilor Parolisi absent from chamber]
232/06
City Employees - Job Performance Evaluation – policy – Personnel
Committee – Withdrawn
234/06
Employment of Relatives – review of policy – Personnel Committee Withdrawn
X. OLD BUSINESS:
Doc. 252/04: Disposition – 8-10 Temple Street – confirmatory vote – Michael R.
Sweeney, Planning Department Director – Ref. to Housing Committee
XI. COMMITTEE REPORTS:
Doc. 232/07: Iglesia Evangelica Restauración Vida - request permission to use the
Campagnone Common Park in order to have a church celebration on Sept.16, 2007–
Pastor Luis Osorio – Approved
377
the form of a motion and seconded by Councilor Alvarez-Rodriguez and the Council
Members present voted unanimously to approve the measure.
XII. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
34/07
228/07
Municipal Code
XIII. NEW BUSINESS:
238/07
239/07
240/07
241/07
243/07
246/07
247/07
Parking – Crawford Street – restrictions – Police Officer Eugene Scanlon-Ref. to Ord.
Parking – North Parish Road – restrictions – Police Officer Eugene Scanlon-Ref. to Ord.
Handicapped Parking – 1 Bailey Street – Denise Estell – Taken off as duplicate
Lawrence Retirement Board –to transfer its assets voluntarily to the Pension Reserves
Investment Trust Fund in accordance with Governor Patrick’s Law Chapter 68 of the Acts of
2007 –John A. Neilon, Chairman – Ref. to Budget & Finance Cmt.
Traffic Pattern Design – East Haverhill/Newbury Streets Triangle – request lines and
signs etc. – Council President Blanchette – Ref. to Ord.
Legal Counsel – hiring outside for the City Council – Counc. Silva – Ref. to Personnel
Investigation – inquiry/ request – by State Attorney General and Inspector GeneralCouncilor Silva – Ref. to Personnel
378
XIV. RECESS:
Upon Motion of Councilor Kolofoles duly seconded by Councilor AlvarezRodriguez, the Council Members present voted unanimously to Recess to Sept. 6, 2007 @
6:00 p.m.
RECESSED
(9:00p.m.)
Attest:
William J. Maloney
City Clerk
379
DATE: Thursday, September 6, 2007
A SPECIAL MEETING of the City Council was held on Thursday, September 6,
Approximately Twelve [12] persons were present.
- None
IX. TABLED MATTERS:
Doc. 184/07: FY’08 Budget – Discussed and Considered
A motion to come out of recess from the September 5, 2007 meeting and remove
Doc. 184/07 from the table was presented by Councilor Frechette and seconded by Councilor
DiMarca. The Council Members present voted unanimously [8-0-1] to approve the motion
as presented. [Councilor Silva arrived @ 6:15 p.m. and was absent at the time the vote was
called]:
380
[Thursday, September 6, 2007]
Councilor Silva – Absent
Upon resuming Council President Blanchette introduced the measure pending
[Doc.184/07]. He discussed a letter of Sept. 6, 2007 from Mayor Sullivan.
Upon being granted the floor, Councilor Frechette presented a motion to accept the
FY2008, July 27, 2007 Budget. The motion was seconded by Councilor Parolisi.
Upon a call for discussion Councilor DiMarca suggested that Council review the
budget presented for approval and enter the cuts necessary.
Upon being granted the floor, Councilor Parolisi stated he would like to offer a
compromise. He stated that he believes the city is at the levy limit and if not then it may be a
good idea to vote to approve a budge to the levy limit. Councilor Parolisi stated that if the
levy limit is approved, the future City Council Members will not have to address this matter.
He presented a friendly amendment to approve the FY’08 Budget, to cut 1.6 million dollars
from the school debt reserve. Councilor Frechette accepted the amendment.
Upon being granted the floor, Councilor Gosselin stated she would like to cut jobs
that are unfilled and cut those positions. She discussed methods of implementation.
Upon being granted the floor, Councilor Alvarez-Rodriguez suggested the Council
proceed to cut by line item. Council President Blanchette explained that any cuts offered
should be presented line by line by the individual Councilor. Councilor Alvarez-Rodriguez
381
stated she is primary concerned with working class people with two or three jobs who are
having difficulty making ends meet. She discussed the unemployment rate in the city and the
lack of assistance being provided to current residents.
Upon inquiry by Council President Blanchette Attorney Boddy stated the current
motion presented may pose some problems.
Upon being granted the floor Councilor Frechette suggested that the proposed motion
addresses the revenue side. A discussion ensued between Councilor Frechette and Attorney
Boddy concerning the proposed motion to approve the FY2008 Budget.
Upon being granted the floor, Councilor Kolofoles discussed the result of approving
the budget to the levy limit.
Upon being granted the floor Councilor Parolisi stated that the 1.6 million dollars is
on Page A-16.
Upon being recognized Councilor Frechette presented an amendment to his motion to
add an approval of the FY 2008 Budget dated July 27, 2007 with each line item regarding
expenditures and revenue approved except an amount of 1.6 million dollars. The motion
presented was defeated by the Council Members present as follows: 5-Yes; 4-No.
382
Council President Blanchette asked if there were any further amendments. Councilor
Alvarez-Rodriguez yielded the floor.
Upon being granted the floor, Councilor Frechette stated that he would be unwilling
to accept any amendments to cut expenditures.
Upon being recognized Councilor Silva presented a motion to cut $21,222 from
Personal Services. The motion was seconded by Councilor DiMarca and the Council
Members present defeated the motion as follows. 3-Yes; 6-No
Councilor Silva presented another motion to cut $1,100.00 from contracted services
of City Council and the motion dies for lack of a second.
Upon being recognized Councilor Frechette stated that he doesn’t believe the cuts
would come from detailed pages but from the Appropriation Order. Attorney Boddy
Concurred with Councilor Frechette.
Upon being granted the floor, Councilor Silva stated she wished to cut $1,100.00
from “contracted services”. Councilor Alvarez-Rodriguez stated that the intent is to cut from
line items. Councilor Silva presented a motion to cut $1,000.00 from travel allowance. The
motion was seconded by Councilor DiMarca and the Council Members present defeated the
motion by the following vote. 4-Yes; 4-No; 1-Absent
383
Councilor Kolofoles – Absent [from chamber]
Councilor Silva presented another motion to cut $5,000.00 from Ordinary
Maintenance of the City Council proposed budget. The motion was seconded by Councilor
DiMarca and the Council Members present defeated the motion by the following vote. 4Yes; 4-No; 1-Absent
A further motion was presented by Councilor Silva to cut $1,000.00 from out of
State travel of the proposed City Council budget. The motion was seconded by Councilor
Alvarez-Rodriguez and the Council Members present defeated the motion by the following
vote. 4-Yes; 4-No; 1-Absent
384
Councilor Silva then presented a motion to cut $86,069.36 from the Mayor’s Office
proposed budget for Personnel Services. The motion was seconded by Councilor DiMarca
and the Council Members present defeated the motion by the following vote.
3-Yes; 6-No:
A Discussion among Council Members ensued following the roll call vote
recorded.
Upon being recognized, Councilor Silva presented a motion to cut $5,937.00 from
ordinary maintenance of the proposed FY 2008 Mayor’s Office budget. The motion was
seconded by Councilor Alvarez-Rodriguez and the Council Members present defeated the
motion as follows. 4-Yes; 5-No
385
A motion presented by Councilor Silva to cut out of state travel from the proposed
FY 2008 budget of the Mayor’s Office which died for lack of a second. Councilor Silva
proceeded by presenting a motion to cut $55,500.00 from the proposed budget of the Office
of Budget and Finance in regard to Personnel Services. The motion was seconded by
Councilor DiMarca and the Council Members present defeated the motion by the following
vote. 4-Yes; 5-No
Councilor Silva then requested that City Attorney Charles Boddy explain how
proposed budget cuts could be presented and approved. Attorney Boddy stated that the
manner of cutting budget items being employed was likely inappropriate and explained and
advised how the Council Members could approach the matter lawfully.
Upon being granted the floor, Councilor Frechette stated that he believed the best
method of implementing cuts is contained in the motion he presented and remained “on the
floor”.
Upon being granted the floor, Councilor Silva stated that she was willing to cut her
salary if necessary and is disappointed with the manner the other Councilors were voting to
defeat motions for cuts being presented.
386
Upon being recognized, Councilor Alvarez-Rodriguez presented a motion to cut
$7,612.50 from the proposed FY 2008 Budget and Finance Office in regard to personnel
services. The motion was seconded by Councilor DiMarca. Councilor Parolis suggested that
the proposed cut represents a reduction of approximately $1.6 million. Councilor AlvarezRodriguez withdrew her motion.
Upon further presentment, Councilor Alvarez-Rodriguez moved for the approval of a
2 million dollar cut from Real Property Taxes from the revenue side of the proposed FY 2008
budget. The motion was seconded by Councilor DiMarca and the Council Members present
defeated the motion by the following vote. 4-Yes; 5-No
Upon being granted the floor, Councilor Kolofoles presented a motion to cut 1.1
million dollars from Real Property taxes. The motion was seconded by Councilor AlvarezRodriguez. Upon further consideration and after a brief discussion among the Council
Members present, Councilor Kolofoles withdrew the motion.
Upon being granted the floor, Councilor Alvarez-Rodriguez clarified the matter being
considered and stated that the proposed 1.6 million dollar cut does not result in a reduction of
taxes.
387
Upon being granted the floor, Councilor Silva discussed the impact of funds that may
be raised by revenue.
Upon being recognized, Councilor Alvarez-Rodriguez stated she is uncomfortable
with a simple vote to cut 1.6 million dollars.
Upon being granted the floor, Councilor Parolisi stated that if the Council Members
voted to approve a 1.6 million dollar cut it is removed from the budget and it cannot be spend
with any authority.
Upon being granted the floor, Councilor Frechette stated that 1.6 million dollar cut
will reduce the budget.
As a point of information, Council President Blanchette stated that this year the City
of Lawrence will be at the levy limit and required to obtain vote for approval.
Upon being granted the floor, Councilor Kolofoles asked Attorney Boddy questions
concerning the levy limit and tax reduction. Attorney Boddy stated he does not know if the
Council can lawfully reduce the levy limit through a vote of the City Council.
Councilor Kolofoles questioned the authority of the Council Members to withdraw
documents from the City Council Agenda. Attorney Boddy stated the authority lies in the
legislative function of the City Council. A discussion ensued concerning proposed revenues
contained in the July 27, 2007 version of the FY 2008 budget submitted.
Upon being recognized, Councilor Parolisi discussed the use of $1.6 million.
Upon being granted the floor, Councilor DiMarca proposed amendments to the
pending motion. Councilor DiMarca further inquired about items contained in the proposed
388
budget concerning particular expenditures identifying specific items relative to the purchase
of Lawrence Police vehicles and other items.
Council President Blanchette responded by stating that he cannot address Councilor
DiMarca’s concerns since the items being discussed do not appear in the proposed FY 2008
budget. A discussion ensued among the Council Members present regarding police vehicle
purchases.
Upon being granted the floor, Councilor Silva discussed efforts she has made to
follow ordinance procedures for deletion or repeal of ordinances.
Upon being recognized, Councilor DiMarca presented a motion to cut $250,000.00
from the proposed FY 2008 budget of the Lawrence Police Department in regard to ordinary
maintenance. The motion was seconded by Councilor Silva and the Council Members
present defeated the motion by the following vote. 2-Yes; 7-No
Upon being granted the floor, Councilor Gonzalez stated that he does not support the
Mayor or the proposed FY 2008 budget as presented. He stated that his decision is to support
the citizens of Lawrence.
reduce Real Estate Taxes by $1.1 million. The motion was seconded by Councilor DiMarca.
389
A discussion ensued regarding the impact and the Council Members present defeated the
motion by the following vote. 3-Yes; 6-No
Upon being recognized Councilor Kolofoles presented a motion to reduce real estate
taxes by $620,668.00. The motion was seconded by Councilor DiMarca and the Council
Members present voted to approve the motion by the following vote. 5-Yes;
4-No
Upon being granted the floor, Councilor Silva presented a motion to cut $317,761.00
from the proposed FY 2008 budget for the Lawrence Police Department regarding personal
services. The motion was seconded by Councilor Alvarez-Rodriguez. A discussion ensued
among the Council Members present regarding the intention to apply the proposed cut to
“overtime” amounts.
390
Councilor Silva posed several questions to Attorney Boddy regarding “vacation
buyback” items appearing in the City Budget. She also inquired and discussed “stipends” for
some City employees.
Upon being granted the floor, Councilor Kolofoles asked Attorney Boddy if the
Mayor has the authority to reject the approval of the budget after any approval of cuts by the
Council Members. Attorney Boddy stated that the Mayor is bound by the General Laws as
well and that the approval of cuts to the proposed FY 2008 budget were required to be
implemented because the City Council is the legislative arm of an equal branch of the City
Government.
Council President Blanchette called the motion and the Council Members present defeated
the motion by the following vote. 4-Yes; 5-No
A discussion ensued among the Council Members present concerning adjournment of
the present Council Meeting. Upon conclusion of the discussion, Parolisi presented a motion
to adjourn and the motion dies for lack of a second.
Upon being granted the floor, Councilor Silva presented a motion to approve the
proposed FY 2008 Budget as to each line item regarding expenditures and revenue except for
391
$2.1 million in Real Estate taxes. The motion was seconded by Councilor DiMarca and the
Council Members present defeated the motion by the following vote. 4-Yes;
5-No:
Upon a motion to recess presented by Councilor DiMarca, as seconded by Councilor
Gonzalez, the Council Members present defeated the motion as follows.
3-Yes; 6-No:
Upon being granted the floor, Councilor Kolofoles discussed the difficulty the
Council Members experienced with the FY 2008 budgetary process.
Upon being recognized, Councilor Parolisi presented a motion to approve the FY
2008 Budget as presented in the July 27, 2007 version and moved to approve each line item
regarding expenditures and revenues except an amount of $1.6 million. The motion was
392
Upon being granted the floor, Councilor Parolisi asked Attorney Boddy if an approval
of the FY 2008 budget would be effective if passed by vote of by the Council Members.
Attorney Boddy stated that the Mayor, as the Executive of the City of Lawrence, would be
required to abide by the terms of a budget lawfully approved by the City Council as the
Legislative Branch of the City of Lawrence.
Upon no further discussion, Council President Blanchette called the pending motion
for the consideration of the Council Members present who defeated the motion by the
following vote. 4-Yes; 5-No:
Upon motion of Councilor Parolisi to adjourn, as seconded by Councilor Frechette,
the Council Members present defeated the motion to adjourn by the following vote. 4-Yes;
5-No
393
At 9:44 p.m. Councilor Kolofoles presented a motion to recess for two minutes
which was duly seconded and unanimously [9-0] approved by the Council Members
present.
X. TABLED:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
34/07
228/07
Municipal Code
XI. NEW BUSINESS: - None
XII. ADJOURNMENT:
At 9:48 p.m. Councilor DiMarca presented a motion to come out of
recess. The motion was seconded by Councilor Gonzalez and unanimously [9-0]
approved by the Council Members present.
Upon resuming proceedings, Councilor Frechette presented a motion to adjourn. The
motion was seconded by Councilor Parolisi and the Council Members present voted to
adjourn by the following vote. 5-Yes; 4-No:
394
Doc. 184/07: Discussed and Considered
ADJOURNED
(9:51p.m.)
Attest:
William J. Maloney
City Clerk
395
DATE: Tuesday, September 18, 2007
A REGULAR MEETING of the City Council was held on Tuesday, September 18,
Councilor Gonzalez who arrived at 7:47 p.m.
Approximately Seventy-six [76] persons were present.
of City Council Meeting conducted July 17, 2007 were submitted by the City Clerk for
seconded by Councilor Silva, the Council Members present voted unanimously [8-0] to
accept the minutes.
Ana Rodriguez 15 East Haverhill Street, Lawrence, MA spoke in favor of the
Lawrence Community Works award of 128 Newbury Street.
396
[Tuesday, September 18, 2007]
Sandra Mouzon, 14 Orchard Street, Lawrence, MA, spoke in favor of Lawrence
Community Works proposal to obtain the award of property located at 128 Newbury St. She
stated she is an active Board Member of L.C.W.
James Coleman, 6 Shawsheen Court, Lawrence, MA spoke in favor of Mark Andrews
for the position of Budget and Finance Director.
Attorney Albert Previte 98 Nesmith Street, Lawrence, MA, as Council to Antoine
Karko, as a bidder of the real estate at 128 Newbury Street, spoke in favor of his client to be
favorably considered by the Council Members for an award and disposition of 128 Newbury
Street.
Mark Gray, 159 Carlton Street, Lawrence, MA, spoke of the difficulty of picking up
and dropping off his children due to police cruisers being parked in the way near the school.
Lindy Galland, 196 West Street, Lawrence, MA, commended Councilor DiMarca,
Councilor Gonzalez, Councilor Silva and Councilor Alvarez-Rodriguez who voted against
taxes and for the poorer residents of Lawrence. She commented about the poor conditions of
sidewalks and roadways in the City Of Lawrence and thanked Councilor DiMarca for
making himself available to inspect her district.
- None
397
Doc. 252/04: Disposition – 8-10 Temple – affirmation of purchase – Housing Committee
– Reaffirmed
presented the report of the Housing Committee to reaffirm the purchase of disposition 8-10
Temple Street. The report was presented in the form of a motion, seconded by Councilor
Kolofoles and unanimously [8-1][Councilor Gonzalez being absent at the time the vote was
recorded] approved by the Council Members present to provide a “confirmatory vote” to
affirm the prior approval of the City Council for the transfer of real property as awarded to
Emily Rollins who successfully bid on the property for a sale price of $2,000.00.
Doc. 252/04: Reaffirmed
Doc. 309/05: Disposition – 128 Newbury Street – Housing Committee Awarded to Mr. Karko
presented the report of the Housing Committee to refer the disposition of 128 Newbury Street
to the fully Council. The report was presented in the form of a motion and seconded by
Councilor Silva.
Upon a call for discussion Councilor Alvarez-Rodriguez read a letter of Planning
Director Michael Sweeney asking to remand the item back to the Housing Committee.
Councilor Alvarez-Rodriguez informed the Council Members that she believes the matter
should be remanded to the Housing Committee.
[7:47 p.m. - Councilor Gonzalez arrived to the Council Meeting]
398
Upon being granted the floor, Councilor Kolofoles stated that the decisions of the
Council are intended for the best interest of all the people of the City Of Lawrence. He
stated that he took exception to the statements and characterizations contained in
correspondence presented by Planning Director Sweeney’s in a recent correspondence to the
Council Members.
Upon being granted the floor, Councilor Silva stated she agrees with Attorney Albert
Previte and believes the real property subject to the petition should be developed for business
purpose. Councilor Silva commented that Mr. Karko is an exemplary liquor store owner and
should be afforded the opportunity to own the property where the business is to be
established.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed the reasons
that she supports the plan submitted by or on behalf of Lawrence Community Works which
proposes to construct housing a the property location at 128 Newbury Street.
Upon being granted the floor, Councilor DiMarca informed the Council Members
present that he has asked the City Attorney to determine if there is a violation of Chapter 30B
and that he was informed that there was no violation of the bidding laws in this matter.
Upon being recognized, Councilor Alvarez-Rodriguez stated she has not seen a
written opinion on the matter presented by City Attorney Charles Boddy.
Upon being granted the floor, Councilor DiMarca reiterated that he is informed there
is no violation of Chapter 30B.
399
Upon being granted the floor, Councilor Kolofoles suggested that the area of
Newbury Street should be re-zoned to residential if Lawrence Community Works intends to
build more residences in an area that is zoned for business.
Upon being granted the floor, Councilor Frechette stated that he took exception to
Attorney Armand Hyatt’s allegation that certain Council Members have made their decision
before the matter has been presented and voted upon. He stated that he is tired of being
intimidated and challenged by non-profit groups and their supporters. Councilor Frechette
stated that he makes his decisions based upon what he believes is best for the City of
Lawrence. He stated that he supports the proposal and bid submitted by Mr. Karko.
Upon being granted the floor, Councilor Parolisi commended Lawrence Community
Works for the work done on Newbury Street area and the Newton Street area as well as the
work being done on the former St. Lawrence’s School. Despite the commendable work done
in the City of Lawrence by Lawrence Community Works he stated that he supports Mr.
Karko’s proposal and bid in this case.
Council President Blanchette called the motion for the approval of the bid and proposal
submitted by Antoine Karko to the attention of the Council Members present who voted as
follows:. 8-Yes; 1-No
400
Doc. 309/05: Real Property Transfer to Mr. Karko Approved
appearing on the agenda. The motion was duly seconded by Councilor Gonzalez and
Doc. 241/07: Lawrence Retirement Board –to transfer its assets voluntarily to the
Pension Reserves Investment Trust Fund in accordance with Governor
Patrick’s Law Chapter 68 of the Acts of 2007 –John A. Neilon, Chairman
– Approved- 30 days waived
report from the Budget and Finance Committed in the form of a motion to approve the
Lawrence Retirement Board to transfer its assets voluntarily to the Pension Reserves
Investment Trust Fund in accordance with Governor Patrick’s Law Chapter 68 of the Acts of
2007, which was duly seconded by Councilor Kolofoles and unanimously [9-0] voted upon
by Council Members present. Upon no discussion Councilor Kolofoles presented a motion
to waive the 30 days waiting period required by City Charter Section 3.8(a) as seconded by
present.
Doc. 241/07: Approved & 30 days waived
401
Doc. 242/07: Appointment – Budget and Finance Director – Mark Andrews –
Personnel Committee – Approved
from the Personnel Committed in the form of a motion to appoint Mark Andrews as the
Budget and Finance Director. The motion was seconded by Councilor Gonzalez.
Upon a call for discussion Councilor Kolofoles spoke in favor of supporting Mark
Andrews as Budget and Finance Director. He posed questions to Mr. Andrews regarding the
Retirement Board. Councilor Kolofoles stated that he favors approving Mr. Andrews.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that she received
some communications from constituents offering objection to Mr. Andrews’ appointment but
can only decide based upon information presented before the Council. She posed questions
to Mr. Andrews regarding his expertise and ability in public finance. Mr. Andrews discussed
his experience in the State Legislature, City of Haverhill and his involvement with the
approval of the Lawrence City Charter. Upon inquiry, he stated that he believes in the
principles of the Lawrence City Charter and discussed the responsibilities assigned by the
Executive and Legislative Branches.
Upon being granted the floor, Councilor Frechette recounted the financial seminars
Mr. Andrews ran for the Council Members demonstrating his expertise and ability in the
field of finance. Councilor Frechette posed questions concerning specific action necessary of
the Budget and Finance Director concerning the Tax Recap and Tax Classification process.
Upon inquiry Mr. Andrews discussed the principles pertaining to G.A.S.B. 44 and
G.A.S.B.45 financial procedures. Councilor Frechette discussed the need to understand the
402
use of “free cash” better and asked that Mr. Andrews make an effort to explain and discuss
how “free cash” operates in the City Of Lawrence. Upon inquiry Mr. Andrews discussed the
capabilities and use of the MUNIS Systems currently in operation in the City Of Lawrence.
Upon being questioned by Councilor Kolofoles, Mr. Andrews discussed and
explained the role of the City Comptroller in a municipality.
Upon being granted the floor, Councilor Silva commended Mr. Andrews for his
responses and frankness during the interview process. Upon inquiry Mr. Andrews discussed
his belief that operating the financial aspects of the City Of Lawrence is based upon “jobs”.
He discussed his philosophy in regard to securing employment from industry through various
methods. Mr. Andrews discussed the various aspects that make any city financially attractive
to business and mentioned ways in which the City Of Lawrence could use these methods to
improve the financial conditions and out-look of the city.
Upon being granted the floor, Councilor Gosselin stated that she is encouraged and
looking forward to Mr. Andrews’ appointment as Budget and Finance Director. She stated
she believes that Mr. Andrews is the next candidate for the position and his background as a
native Lawrencian will prove to be a tremendous benefit to the City Of Lawrence.
Upon being granted the floor, Councilor DiMarca discussed the possibilities of
implementing new growth business, consolidating services and being accountable. Mr.
Andrews concurred.
Upon being granted the floor, Councilor Parolisi commented that the interview
process was thorough and complete and left no doubt as to his abilities.
403
Council President Blanchette wished Mr. Andrews luck if approved and hoped the
Budget and Finance Department professionalized.
the Council Members present voted unanimously [9-0] to appoint Mark Andrews as Budget
and Finance Director.
Councilor Parolisi presented a motion to remove Doc. 233/07 from the table to be
addressed. Councilor Kolofoles second the motion and the Council Members present voted
unanimously [9-0] to approve the motion.
Doc. 233/07: DF Realty LLC – Airport property lease request – Approved
in the form of a motion and seconded by Councilor Parolisi.
Mike Miller, Airport Manager discussed the proposed airport property lease request
subject to the petition.
Upon being recognized Councilor Kolofoles presented a motion to approve the item.
The motion was seconded by Councilor Parolisi and the Council Members present voted
unanimously [9-0] to approve DF Realty LLC-Airport property lease request.
404
Doc.236/07: Appropriation – Request to pay FY 2007 Bills (Eagle Tribune-Ads$668.12-Advertising - William J. Maloney, City Clerk-Approved
in the form of a motion seconded by Councilor Kolofoles and the Council Members present
voted unanimously [9-0] to approve the City Clerk’s appropriation request to pay FY2007
bills [Eagle Tribune-Ads $668.12-Advertising]
At 9:34 p.m. Councilor Alvarez-Rodriguez presented a motion to recess the
Council proceedings for 2 minutes which was duly seconded by Councilor Frechette
and unanimously [9-0] voted upon by the Council Members present.
Councilor Parolisi presented a motion to come out of recess which was duly seconded
by Councilor Frechette and unanimously [9-0] voted upon by the Council Members
present.
Councilor Parolisi presented a motion to remove Doc. 218/07 from the table which
was seconded by Councilor Frechette and unanimously approved by the Council Members
present [9-0]. Councilor Parolisi presented a motion to approve the item as seconded by
Councilor Frechette.
Doc. 218/07: Plymouth Park Tax Service LLC – Tabled
Upon a call for discussion and inquiry by Councilor Gonzalez, Planning Director
Sweeney stated there is not a current list of properties. He stated that the contract before
Council is to sell “debt” to the agent to allow the company to pursue collections at a profit.
Council President Blanchette asked if the properties to be collected will then be
approved by the City Council to render to the collection agency. Director Sweeney stated he
does not believe that is correct.
405
Upon being granted the floor, Councilor Kolofoles asked Director Sweeney how
much debt is outstanding. Director Sweeney didn’t know. Councilor Kolofoles inquired of
Tax Collector, Patricia Cook how much outstanding debt is due to the City Treasurer. City
Treasurer, Cook, stated that she needs to explain the amount that may be collectable.
Treasurer Cook stated she has a list of all tax title properties.
Council President Blanchette stated the measure may need more information.
Upon being recognized Councilor DiMarca presented a motion to table the measure.
The motion was seconded by Councilor Gosselin and the Council Members present voted as
follows to table Doc. 218/07. 5-Yes; 4-No
Upon being recognized Councilor Frechette presented a motion to remove Doc.
218/07 off the table. The motion was seconded by Councilor Parolisi and the Council
Members present defeated the motion by the following vote. 4-Yes; 5-No
406
Doc. 218/07: Tabled
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
34/07
228/07
218/07
245/07
Municipal Code
Plymouth Park Tax Service LLC
Appointment – Temporary Board of Registrars –William J. Maloney, City Clerk
X. NEW BUSINESS:
244/07
248/07
249/07
250/07
251/07
252/07
253/07
Review Committee – establishment to review and update the process of our BudgetCouncilor Gosselin – Ref. to B & F
Parking – 20 minutes – 253 South Union St. – Counc. Gosselin-Ref. to Ord
Stop Sign – School Street at the five point intersection – Counc. Kolofoles-Ref to Ord.
Stop Sign – Floral Street at the five point intersection – Counc. Kolofoles-Ref. to Ord.
Crossing Guards – review of status – Counc. Kolofoles – Ref. to Pers.
National Grid – request permission to locate poles, wires and fixtures on Merrimack St.Ref. to Ord.
National Grid – request permission to place underground electric conduits on Concord St.
Ref. to Ord.
407
254/07
255/07
Handicapped Parking – 234 High Street – Counc. Alvarez-Rodriguez-Ref. to Ord.
Dangerous conditions – 2 Fordham Road - sidewalk/street – Counc. Kolofoles – Ref. to
Ord.
XI. ADJOURNMENT:
Upon Motion of Councilor Frechette duly seconded by Councilor DiMarca, the
ADJOURNED
(9:57p.m.)
Attest:
William J. Maloney
City Clerk
408
DATE: Tuesday, October 2, 2007
A REGULAR MEETING of the City Council was held on Tuesday, October 2,
Councilor Gonzalez who arrived at 7:48 p.m.
Approximately Twenty-nine [29] persons were present.
of City Council Meetings conducted July 26, 2007, July 27, 2007, July 31, 2007 and August
8, 2007 were submitted by the City Clerk for consideration and acceptance of the City
Council Members.
seconded by Councilor Gosselin, the Council Members present voted unanimously [8-0] to
accept the minutes.
Michelle Downer, 198 Essex Street #101, Lawrence, MA, spoke about the dangerous
traffic conditions on Essex Street.
409
[Tuesday, October 2, 2007]
Cristian Perez, 4 Greenwood Street, Lawrence, MA, spoke against the tax increase.
Raphael Rodriguez, 48 Exchange Street, Lawrence, MA, commented that he would
like to see a change in services to the people.
Michael Cercone 70 Naugus Avenue, Marblehead, MA representing the company
who is bidding to purchase the city tax liens spoke in favor of the contract.
Reynaldo DeJesus, 261 Broadway, Lawrence, MA, spoke in favor of forcing all
people to pay taxes through better collection.
Augustine Banks, 190 Haverhill Street, Methuen, MA, stated he supports the forced
collection of taxes.
Rev. James Stokes, 103 Boxford Street, Lawrence, MA, stated that traffic lights and
traffic controls are budgeted and necessary on Winthrop Ave., near the new Lawrence High
School.
Lindy Galland, 196 West Street, Lawrence, MA discussed the poor condition of roads
and sidewalks in Lawrence.
Doc.260/07: Proclamation-Dedication of Civil War Weekend [9-22-07 to 9-23-07] in the
name of Robert Poulin -Mayor Sullivan – Presented
410
Members present. On behalf of Mayor Sullivan, Council President Blanchette presented the
Proclamation dedicating the Civil War Weekend celebration and exhibit [9-22-07 to 9-23-07]
in the name of Robert Poulin. Council President Blanchette recalled Mr.
Poulin’s dedication and years of service in the City of Lawrence Election Division
and his knowledge and expertise in Civil War History through his participation in the Civil
War activities conducted annually in the City of Lawrence. Mr. Poulin was also remembered
for his efforts to preserve Lawrence History through his participation with the Bellevue
Cemetery board members.
Councilor Alvarez-Rodriguez explained that she will personally deliver these
resolutions.
Doc. 256/07: Resolution-David Barker -Counc. Alvarez-Rodriguez – to be presented
by Councilor Alvarez-Rodriguez
Doc. 257/07: Resolution-Nancy Stolbert -Counc. Alvarez-Rodriguez – to be presented
by Councilor Alvarez-Rodriguez
Doc. 288/06: Traffic and Public Safety – 5 corners (Floral, School, Hancock, Doyle Sts.
and Oregon Avenue)–Ordinance Committee-discussion-Tabled
presented in the form of a motion and seconded by Councilor Frechette.
411
Upon a call for discussion Councilor Kolofoles discussed the results of the
Merrimack Valley Planning Commission. He suggested a stop sign at Floral and at School
Street. Councilor Kolofoles states the item is necessary for public safety.
Upon being recognized Councilor Frechette stated that page 2 of the report offers an
option “A” and suggested these items be implemented. Councilor Kolofoles discussed the
particular items.
Councilor Patrick Blanchette suggested approving the item and proceeding through
approval.
Upon being recognized Councilor Kolofoles moved to table the item as seconded by
Councilor Frechette and the Council Members present voted unanimously [8-0] to table Doc.
288/06
Doc. 288/06: Tabled
Doc. 200/07: Resident Sticker Parking–Ferguson Street–Ord. Committee –
report was presented in the form of a motion, seconded by Councilor Frechette and
Doc. 238/07: Parking–Crawford Street–restrictions–Ordinance Committee –
report of the Ordinance Committee to order a public hearing on the measure presented.
412
The report was presented in the form of a motion, seconded by Councilor Frechette and
unanimously approved by the Council Members present [7-0]. ]. [Councilor AlvarezRodriguez absent from chamber when the vote was recorded].
Doc. 239/07: Parking–North Parish Road–restrictions-Ordinance Committee – Public
Hearing Ordered
unanimously approved by the Council Members present [7-0]. [Councilor AlvarezRodriguez absent from chamber when the vote was recorded].
Doc. 249/07: Stop Sign – School Street at the five point intersection-Ordinance
Doc. 250/07: Stop Sign – Floral Street at the five point intersection-Ordinance
report of the Ordinance Committee to order a public hearing on the measure presented.
413
The report was presented in the form of a motion, seconded by Councilor DiMarca and
Doc. 252/07: National Grid – request to locate poles, wires and fixtures-Merrimack St.Ordinance Committee – Public Hearing Ordered
Doc. 253/07: National Grid – request to place underground electric conduits -Concord
St-Ordinance Committee – Public Hearing Ordered
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 Frechette and
Doc. 235/07: Year End Transfers for all City Departments – David A. Camasso,
Comptroller – Approved
report of the Budget and Finance Committee to approve the year end transfers for all City
414
Departments. The report was presented in the form of a motion and seconded by Councilor
Frechette.
Upon a call for discussion Councilor Alvarez-Rodriguez inquired of the Budget and
Finance Director Mark Andrews if the FY2007 Budget will be balanced. Director Andrews
stated that was the intent.
Upon being granted the floor, Councilor Silva questioned Director Andrews why
some bills that were already being paid by the School Department or suppose to be paid from
school funds is now being paid from the general fund. Director Andrews responded by
stating that the best possibly scenario for payment will be pursued with the Superintendent
and Police Chief regarding payment either by the Police Department or School Department.
Director Andrews suggested that initial payment would be made by the Police Department to
be reimbursed by the School Department. Councilor Silva stated she was still unclear how
monies allocated to fund Crossing Guards which was already approved in FY2007 need to be
paid again. A discussion ensued about the several purposes of the “year end transfers”.
Upon being granted the floor, Councilor DiMarca discussed the number of Police
Officers at about 161 which should be sufficient to cover three shifts and eliminate Police
over-time. He stated that Director Andrews’ work is difficult and offered the assistance he
may be able to offer through the City Council.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked if the financial
issue with the Crossing Guards is settled will funds be reimbursed from the School
Department. Director Andrews suggested the matter be allowed to remain “open” so he
415
can pursue the issue with Superintendent Laboy. Councilor Alvarez-Rodriguez requested
Director Andrews to forward information to the Council Members to keep them informed.
Upon being granted the floor, Councilor Kolofoles discussed his concerns regarding
the present staffing and funding of crossing guards in Lawrence. A discussion ensued
concerning the immediate necessity of employing and paying crossing guards.
Upon being granted the floor, Councilor Frechette discussed the accounting of
approximately $12,000.00of employee benefits with Director Andrews. He commented that
the Administration has been stating that employee benefits are not in a deficit but later
learned it was in deficit. Councilor Frechette asked Director Andrews to keep the Council
accurately informed. A discussion ensued between Councilor Frechette and Director
Andrews regarding reimbursement of funds expended for Veteran Services.
Upon being granted the floor, Councilor Silva emphasized that the appropriations are
higher this year than last year and stated she believes the city is fiscally dysfunctional and
stability is necessary.
Council President Blanchette called the motion for the consideration of the Council
Members. The Council Members present voted to approve Year End Transfers for all City
Departments by the following vote. 8-Yes; 1-No
416
Councilor Frechette presented a motion to remove Doc. 218/07 from the table and
address the item. The motion was seconded by Councilor Parolisi and unanimously
Doc. 218/07: Plymouth Park Tax Service LLC – Approved
Council President Blanchette introduced the item and recognized Mr. Michael
Cercone of the Plymouth Park Tax Service LLC, who explained the collection process of
past due taxes.
Upon being granted the floor, Councilor Alvarez-Rodriguez commented that the
pursuit of delinquent taxes presents a situation where the city and the company being
considered may succeed. A discussion ensued with Mr. Cercone regarding the collection
process. Councilor Alvarez-Rodriguez also expressed concern that the proposed contract did
not contain a component that allows City Council the ability to interject and proposed that
the City Council be allowed. A motion was presented by Councilor Alvarez-Rodriguez to
approve and add language to allow the City Council to be involved with the selection of debt
or properties to be sold to the company selected. The motion was seconded by Councilor
Kolofoles.
Upon a call for discussion Councilor Kolofoles discussed the method of repurchasing
a lien with Mr. Cercone.
417
Council President Blanchette expressed concern about the possibility that Council
involvement with selecting properties and not others may pose ethical problems in general.
Mr. Cercone explained that the list presented does not reflect properties but reflect debt
owed.
Upon being granted the floor, Councilor Gonzalez suggested that some names appear
on the list are absolved through the right of redemption.
Upon being granted the floor, Councilor DiMarca posed questions about how certain
locations may be listed more than once.
Upon being granted the floor, Councilor Kolofoles asked Mr. Cercone about his
experience and background regarding tax liens.
Upon being granted the floor, Councilor Frechette discussed conveyance of property
with existing liens and how it’s accomplished. He suggested going forward with the
proposal being presented.
Upon being granted the floor, Councilor Alvarez-Rodriguez explained that collection
of past due taxes could result in foreclosure. A discussion ensued regarding the propriety of
interjection by any Council Member. Councilor Kolofoles concurred.
Upon being granted the floor, Councilor Parolisi stated he has no issue with the added
condition proposed by Councilor Alvarez-Rodriguez. He suggested that the proposal appears
sound and should proceed.
Upon being granted the floor, Councilor Gosselin commented that it is unfair to those
property owners who pay their taxes to allow others to continue to ignore their tax bills.
418
Upon being granted the floor, Councilor DiMarca discussed the effect Mr. Cercone’s
company may have on the employees of the Treasurer/Collector’s Office. Mr. Cercone
suggested there is no lack of work for the City Treasurer or Tax Collector with current tax
bills. Upon inquiry to Budget and Finance Director Mark Andrews, Mr. Andrews stated the
funds recouped would have to be allocated in a direction that would best serve the City Of
Lawrence.
Upon being granted the floor, Councilor Silva discussed past methods of trying to
collect taxes and suggested that the measure being proposed is certainly not as drastic as
something off water or other utilities. She suggested that it is important and fiscally
necessary to keep tax receipts as current as possible for the benefit of all tax payers.
Upon being granted the floor, Councilor Kolofoles asked Treasurer/Collector Patricia
Cook if the staff is collecting past due taxes. Treasurer Cook stated that her staff does not
have sufficient time or staff to collect past due taxes. Treasurer Cook described the services
her office is responsible to complete and explained the reasons her staff is overburdened.
Treasurer Cook clarified that even if the proposed contract were approved, the tax collecting
function of her office will not be taken over by the contract agency. Treasure Cook also
agreed with Councilor Kolofoles that taxes would not be lowered. A discussion ensued
between Councilor Kolofoles and Mr. Cercone concerning the types of properties that may
be subject to the collection agreement.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed the actions
taken by the City Council and other agencies to collect past due taxes through programs such
as the “Amnesty Program”.
419
the Council Members present voted unanimously [9-0] to approve the measure with the
amendment to allow City Council to be involved with the selection of debit or properties to
be sold to the company selected.
VII. WITHDRAWALS:
Doc. 13/06: Parking Garage – new high school site – Counc. Gosselin-Tabled
of a motion. The motion was seconded by Councilor Gosselin.
Upon being recognized, Councilor Frechette commented that Lawrence High School
no longer is officially “named” for all intent and purposes does not exist. He stated he will
be putting an item on the City Council Agenda to address this situation.
Upon being recognized, Councilor Gosselin presented a motion to table the item. The
motion was seconded by Councilor Alvarez-Rodriguez and the Council Members present
voted unanimously [8-1] to table the item as follows. 8-Yes; 1-No
Doc. 13/06: Tabled
420
Upon being recognized, Councilor Kolofoles presented several matter for
“withdrawal” that had been pending before the Ordinance Committee. Councilor Kolofoles
moved to have all matters addressed in “block” form for withdrawal from the Council
agenda. The motion was seconded by Councilor Alvarez-Rodriguez and unanimously
approved by the Council Members present.
Upon being recognized, Councilor Alvarez-Rodriguez commented that the reason
Doc. 53/06 was being “withdrawn” was due to the fact that the request to convert all taxis
operating in the City of Lawrence to be “handicapped accessible” was very expensive and
would result in the taxi business owners being priced out of business.
Upon consideration the Council Members present voted unanimously [9-0] to
withdraw the following matters from the City Council Agenda in “block”:
53/06
121/06
241/06
264/06
2/07
32/07
165/07
191/07
Taxi use and access by disabled persons – Counc. Alvarez-Rodriguez-Withdrawn
Transportation Center – lack of restroom facilities for general public –Counc.
DiMarca-Withdrawn
Fleet Cars – for various city employees – review of policy – Counc. GosselinWithdrawn
Enforcement of curfew ordinance – Counc. Gosselin-Withdrawn
Towing Policy – City of Lawrence – Martineau’s Towing Service, Inc. –
Raymond J. Martineau, Manager-Withdrawn
Bill H2511 (An Act providing Senior Tax Relief) – Counc. Silva-Withdrawn
Crosswalks to be re-painted on District D area – Counc. Kolofoles-Withdrawn
St. Alfio Villa – 35 Common Street – New Crosswalk and Pedestrian Sign
– Counc. Silva-Withdrawn
Doc. 255/07: Dangerous conditions – 2 Fordham Road - sidewalk/street –
Councilor Kolofoles – Withdrawn
of a motion for approval. The motion was seconded by Councilor Frechette and the
421
Council Members present voted unanimously [9-0] to withdrawn the following item.
Doc. 255/07- Withdrawn
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
34/07
228/07
245/07
Municipal Code
Doc. 263/07: Garden of Options, Inc.-request to use Scarito Park, Oct. 6, 2007, 11:00
am to 4:00 pm - Approved
The Council Members present 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 Alvarez-Rodriguez as seconded by Councilor Gonzalez.
Councilor Alvarez-Rodriguez moved to approve Garden of Options, Inc. request to use
Scarito Park on Oct. 6, 2007 as seconded by Councilor Parolisi. Councilor AlvarezRodriguez explained the nature of the event and organization.
Upon consideration the Council Members present voted unanimously [9-0] to
approve the item.
422
X. NEW BUSINESS:
258/07
259/07
261/07
262/07
264/07
265/07
266/07
Four Way Stop Sign – Ames & Lowell Streets–Counc. Kolofoles-Ref to Ord.
Essex Art Center Halloween Fun Run-Request to use public ways-Leslie
Costello-Ref. to Ord.
Sharon Doyle-request for job reclassification-Maureen Nimmo, Library
Dir. – Ref. to Ord.
Denise Audy-request for job reclassification-Maureen Nimmo, Library
Dir. – Ref. to Ord.
Stop Sign – Sylvester Street at Fowler Street- Counc.Gosselin-Ref. to Ord.
Police sub-station, near New Lawrence High School-Counc. Gosselin-Ref.
to Ord.
Amend Ordinance sec. 15.04.10-Bulding without a Permit-proposed increase of fine from
$50.00 to $200.00-P.Blanchette-Building Department – Ref. to Ord.
XI. ADJOURNMENT:
Upon Motion of Councilor Parolisi duly seconded by Councilor Frechette, the
ADJOURNED
(10:00p.m.)
Attest:
William J. Maloney
City Clerk
423
DATE: Wednesday, October 17, 2007
A REGULAR MEETING of the City Council was held on Wednesday, October
17, 2007 at 7: 05 p.m. in the City Council Chamber with all Members present.
Approximately Twelve [12] persons were present.
Rev. James Stokes, 103 Boxford Street, Lawrence, MA, spoke about Winthrop Ave.
and the necessity for traffic safety controls. He insisted the “school zone” signs be placed in
the area. Rev. Stokes asked the Council to consider naming any new bridge for the deceased
individual.
Franklin Fernandez, 185 Water Street, Lawrence, MA, spoke about Lawrence youths
involved in sport leagues not having sufficient insurance to cover injury and/or liability.
Kirsy Abreu, stated that safety measures need to be taken to make Winthrop Street
safe.
William Collins 1 Platt Street, Lawrence, MA, stated that the lack of debates in the
election season should not happen. He commented that there is too much empty space in city
owned buildings and should not go out to bid for city office space.
424
[Wednesday, October 17, 2007]
William Silveras, 456 Broadway, Lawrence, MA, stated that he disagrees with
Franklin Fernandez.
Keith Wlodjka, 250 Merrimack Street, Lawrence, MA, stated that the Towerhill Little
League is functional and operational. He discussed the importance of the organization in the
Towerhill Community. He stated he disagrees with Franklin Fernandez.
As a point of personal privilege Councilor Kolofoles thanked the Towerhill Little
League for their support and the support of the Carpenter’s Union. He criticized Franklin
Fernandez for the lack of support for the Towerhill Little League and its supporters.
[Councilor Silva interpreted the statement presented by Councilor Kolofoles in Spanish].
Doc. 252/07: National Grid – request permission to locate poles, wires and fixtures on
Merrimack St.-hearing held-Approved
Council Members.
David Bouche` from National Grid discussed the proposed plan and petition filed.
Upon being recognized Councilor Kolofoles presented a motion to approve the
petition as seconded by Councilor Parolisi.
425
Upon a call for discussion Councilor Alvarez-Rodriguez requested Mr. Bouche` to
further describe the proposed work to be completed.
Members present to consider the matter presented. Upon a motion to approve the measure as
presented by Councilor Kolofoles and seconded by Councilor Parolisi, the Council Members
Doc. 253/07: National Grid – request permission to place underground electric
conduits on Concord Street – hearing held –Approved
Council Members.
David Bouche` from National Grid discussed the proposed work presented in the
petition.
426
presented by Councilor Kolofoles and seconded by Councilor Parolisi, the Council Members
Doc.267/07: Safe Routes Presentation by Ms. Davida Eisenberg,
Coordinator from the Massachusetts Safe Routes to School Program under
MASSRIDES and funded by Massachusetts Highway –
Councilor Silva – Ref. to Public Safety
Council President Blanchette requested Councilor Silva to present the matter before
the Council Members present and granted the floor to Councilor Silva.
Councilor Silva introduced the measure and requested the matter be continued to
another date for a more comprehensive presentation by Davida Eisenberg.
Upon no further comments Council President Blanchette referred the matter to Public
Safety.
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
427
42/07
14/07
107/07
123/06
34/07
228/07
245/07
288/06
13/06
Municipal Code
Traffic and Public Safety–5 corners (Floral, School, Hancock, Doyle Streets and
Oregon Avenue) - Ord. Comm.
Parking Garage – new high school site –Counc. Gosselin
X. NEW BUSINESS:
268/07
269/07
270/07
271/07
272/07
273/07
274/07
275/07
Pedestrian Overpass – Route 114 (New High School Area) – discussion and feasibility –
Councilors Gosselin & Parolisi – Ref. to Budget & Finance
City Council requests accounts receivable and payable to be updated monthly as well as an
update on any new hires – Counc. Gosselin – Ref. to Budget & Finance
Lawrence Street – re-zoning request from residential to business on 133 Lawrence St.Counc. Silva – Ref. to Ordinance [ Maple Street to Park Street]
Prior Year 2007 Invoices to be placed for City Council approvals - Frank McCann,
Director Dept.of Public Works – Ref. to Budget & Finance
Lawrence Community Revitalization Deduction Program – Little Car Care – Ezra Glenn,
Director, Community Development Dept. – Ref. to Budget & Finance
Lawrence Community Revitalization Deduction Program –Ozzy Properties – Ezra Glenn,
Director, Community Development Dept. – Ref. to Budget & Finance
Parking – Methuen Street (in front of the Lawrence Firefighters Credit Union) –
15 minute (3 spaces) – Council Pres. Blanchette – Ref. to Ordinance
Name of Park on Marion Avenue – Counc. Gonzalez – Ref. to Ordinance
XI. ADJOURNMENT:
Upon Motion of Councilor Frechette duly seconded by Councilor Kolofoles, the
ADJOURNED
(7:36p.m.)
Attest:
William J. Maloney
City Clerk
428
DATE: Wednesday, November 7, 2007
A REGULAR MEETING of the City Council was held on Wednesday, November
7, 2007 at 7: 04 p.m. in the City Council Chamber with all Members present except for
Councilor Silva. Councilor Alvarez-Rodriguez was initially absent but arrived at 7:10 p.m.
of City Council Meetings conducted August 16, 2007, and August 20, 2007 were submitted
by the City Clerk for consideration and acceptance of the City Council Members.
seconded by Councilor Kolofoles, the Council Members present voted unanimously [7-0] to
accept the minutes.
Doc. 200/07: Resident Parking Sticker – Ferguson Street – hearing held – Approved
Council Members.
429
[Wednesday, November 7, 2007]
Antonia Munza addressed the Council Members and spoke in support of resident
parking stickers on Ferguson Street.
Dan Fitzpatrick, 16 Ferguson Street, Lawrence, MA spoke in support of the proposed
resident parking sticker ordinance for Ferguson Street and asked the Council Members to
approve the item.
Jen [last name unknown], 8 Ferguson Street, Lawrence, MA spoke in favor of the
proposed amendment to the Revised Ordinance.
Councilor Gosselin spoke in favor of the ordinance and asked the Council Members
present to approve the item.
[Councilor Alvarez-Rodriguez arrived @ 7:10 p.m.]
presented by Councilor Kolofoles, as seconded by Councilor Gosselin, the Council Members
Doc. 238/07: Parking – Crawford Street- restrictions – hearing held– Approved
430
Council Members.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that it was her
understanding that the proposed amendment would only restrict parking on Crawford Street
until 5:00 p.m. rather than 6:00 p.m. as stated in the public notice and recommendation
provided by the City Attorney. She stated that despite this difference, she would still vote to
approve the measure as presented.
presented by Councilor Gosselin, as seconded by Councilor DiMarca, the Council Members
Doc. 239/07: Parking – North Parish Road – restrictions – hearing held– Approved
431
Council Members.
presented by Councilor Gosselin, as seconded by Councilor Parolisi, the Council Members
None.
Doc. 271/07: Prior Year 2007 Invoices to be placed for City Council approvals –
B & F Committee – Approved
report of the Budget & Finance Committee. The report was presented in the form of a
motion to approve the item and was seconded by Councilor Kolofoles.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed reasons for
approval.
432
Upon vote of the Council Members present, the prior year 2007 invoices were unanimously
[8-0] approved by the Council Members present.
Doc. 281/07: Comprehensive Technical Corrections Plan FY 2008 Budget – Mark J.
Andrews, Budget and Finance Department Director – Ref. to Budget & Finance
Doc. 251/07: Crossing Guards – review of status – Personnel Comm. –
Ref to Public Safety
report of the Personnel Committee and moved to have the measure referred to the Public
Safety Committee for further action. The motion was seconded by Councilor Gosselin. A
discussion ensued to set a date for the next Public Safety Committee Meeting.
Council President Blanchette referred the matter to the Public Safety Committee
Doc. 251/07: Ref. to the Public Safety Committee
Doc. 259/07: Essex Art Center Halloween Fun Run – request to use public waysOrdinance Comm. – Approved
Upon being recognized Councilor Kolofoles explained that the item was brought to
the Ordinance Committee but never pursued by the petitioner.
433
presented in the form of a motion, seconded by Councilor Alvarez-Rodriguez and
Doc. 266/07: Building without a Permit – amend Ordinance Sec. 15.04.10 – proposed
increase of fine from $50.00 to $200.00 – Ord. Comm. –
report was presented in the form of a motion, seconded by Councilor Gosselin and
Doc. 268/07: Pedestrian Overpass – Route 114 (New High School Area) – discussion
and feasibility-Budget and Finance Comm. – Ref. to Ord. and Budget & Fin.
report of the Budget & Finance Committee and moved to have the item referred to the
Ordinance Committee for further action. The motion was seconded by Councilor Gosselin.
Discussion ensued regarding the legislature process necessary to assure the item is
address completely.
Upon being granted the floor, Councilor Gosselin discussed the many issues to be
considered regarding construction of the overpass for students.
Upon being granted the floor, Councilor DiMarca pointed out that many people may
not use the “cross overpass” even if it is built.
Upon being granted the floor, Councilor Alvarez-Rodriguez stated that the Economic
Development Director has been asked to seek information from area merchants.
434
Council President Blanchette informed the Council Members that he is ordering the
document to be split into two separate document, 268A/07 and 268B/07, so that one of the
documents will be referred to the Ordinance Committee and the other will remain with the
Budget & Finance Committee.
the Council Members present voted unanimously [8-0] to refer document 268A/07 to the
Ordinance Committee and document 268B/07 to the Budget & Finance Committee.
Doc. 268/07A: Ref. to Ordinance
Doc. 268/07B: Ref. to Budget & Finance
Doc. 272/07: Lawrence Community Revitalization Deduction Program – Little Car
Care- B & F Committee – Approved
report of the Budget & Finance Committee. The report was presented in the form of a motion
and seconded by Councilor Frechette.
Upon being granted the floor, Councilor Alvarez-Rodriguez commented she is
pleased that “mom and pop” shop owners can finally take advantage of the program offerings
.
the Council Members present voted unanimously [8-0] to approve the item.
435
Doc. 273/07: Lawrence Community Revitalization Deduction Program–Ozzie
Properties-Budget & Finance Committee – Approved
report of the Budget & Finance Committee to approve the item. The report was presented in
the form of a motion seconded by Councilor Frechette and the Council Members present
voted unanimously [8-0] to approve the item.
IX. TABLED MATTERS:
60/06
215/06
128/06
367/06
46/07
42/07
14/07
107/07
123/06
34/07
228/07
245/07
288/06
13/06
Municipal Code
X. NEW BUSINESS:
276/07
Stop Signs – Pearl Street and Cypress Avenue intersection – Counc. Kolofoles-Ref. to
Ord.
436
277/07
278/07
279/07
280/07
282/07
283/07
284/07
285/07
286/07
287/07
288/07
289/07
290/07
291/07
292/07
293/07
294/07
Parking – Lucky’s Pizza – 480 Haverhill St. – (2) 20 minute spaces - Counc. Kolofoles –
Ref. to Ord.
Handicapped Parking -509 Haverhill St. – Mauricia Deaza – Ref. to Ord.
and fixtures on Franklin Street – Ref. to Ord.
Commercial Revitalization Deduction on behalf of Bagel Boy- Ezra Glenn, Director of
Community Development Department – Ref. to B & F.
Four Way Stop Sign on Bennington /Alder Streets – Counc. Silva – Ref. to Ord.
Marion Avenue from Lawrence Street to dead end–proposal for a permanent closure of a
Public Way – Counc. Silva – Ref. to Ord.
Saratoga Street – from Lawrence Street to Fern Street – request ordinance change to
designate it one-way and restricted parking on one side – Counc. Silva-Ref. to Ord.
Vacant Lot–10-12 Trenton Street -city owned lot – declared for open space- Counc.
Silva-Ref. to Ord.
Vacant Lot – 12-22 Eutaw Street-city owned lot –declared for open space – Counc. SilvaRef. to Ord.
Parking – 482 Lowell St. (south west corner)- no parking designation- Counc. KolofolesRef. to Ord.
Parking – 232 Common Street (south side) – deletion of permitted parking space (1) –
Counc. Kolofoles – Ref. to Ord.
Surplus Declarations–243 S. Broadway St.–Tax Map #119, Lot 53-Michael R. SweeneyPlanning Department Director – Ref. to Housing
Surplus Declarations- 135 Common Street -Tax Map #106, Lots 74, 75, 76 & 77 –
Michael R. Sweeney, Planning Department Director – Ref . to Housing
Surplus Declarations – 15 Center Street – Tax Map #173, Lot 47 – Michael R. Sweeney,
Planning Department Director – Ref. to Housing
Surplus Declarations – 7 Lowell Street –Tax Map #127, Lot 27 –Michael R. Sweeney,
Planning Department Director – Ref. to Housing
Taxi License – Reyes Transportation – 609 Common Street - Sgt. Melix Bonilla-Ref. to
Ord.
Taxi License – M & L Transportation – 49 Blanchard Street – Sgt. Melix Bonilla- Ref. to
Ord.
XI. ADJOURNMENT:
Upon Motion of Councilor Frechette duly seconded by Councilor Gosselin, the
ADJOURNED
(7:31p.m.)
Attest:
William J. Maloney
City Clerk
437
DATE: Tuesday, November 20, 2007
A REGULAR MEETING of the City Council was held on Tuesday, November 20,
of City Council Meetings conducted August 23, 2007, August 30, 2007, August 31, 2007,
Sept. 5, 2007, Sept. 6, 2007, Sept. 18, 2007, October 2, 2007 and October 17, 2007 were
submitted by the City Clerk for consideration and acceptance of the City Council Members.
Upon the motion of Councilor Alvarez-Rodriguez to accept the minutes as presented
duly seconded by Councilor Parolisi, the Council Members present voted unanimously [9-0]
to accept the minutes.
Modesto Maldonado, 115 Spruce Street, Lawrence, MA asked for an investigation of
candidate Fernandez’s use of School Department equipment for political purposes. He
commented that tax increases be defeated.
438
[Tuesday, November 20, 2007]
Meghan Rouillard, 10 Strathmore Road, Brookline, MA spoke in favor of the
“Homeowners and Bank Protection Act of 2007”. She spoke about the high foreclosure rate
in Massachusetts. [Doc. 304/07]
Jennifer Getachew, 81 Bartlett Street, Somerville, MA also spoke in favor of the
“Homeowners and Bank Protection Act of 2007” [Doc. 304/07].
Doc. 266/07: Building without a Permit – amend Ordinance Sec. 15.04.10 – proposed
increase of fine from $50.00 to $200.00 – hearing held –
Approved in the amount of $100.00
Council Members.
Upon being granted the floor, Councilor Gosselin presented a motion to approve the
item as seconded by Councilor DiMarca.
Upon a call for discussion Councilor Silva stated that she opposes the proposed
increase of fees at a rate of 150%. She asked Building Inspector, Peter Blanchette if building
inspectors actually inspect a roof on a petition to repair a roof [by way of example].
Inspector Blanchette responded by suggesting that the proposal was presented in light of area
439
communities who charge more. He stated also that issuing a fine is discretionary and the
intention is to make sure anyone performing construction or home repairs obtains the proper
permit. Councilor Silva asked if there is any “follow up” inspections to completed repairs.
Inspector Blanchette stated that although an inspector typically will not climb onto a roof to
perform inspections, there is follow up to assure proper completion of the work performed.
Councilor Silva proposed a friendly amendment to adjust the proposed fine from $200.00 to
$100.00. Councilor Gosselin accepted the proposed amendment.
Upon being granted the floor, Councilor DiMarca stated he believes the $200.00 fine
is appropriate in order to discourage people from violating the ordinance.
Upon being granted the floor, Councilor Frechette stated that he agrees with
Councilor DiMarca and that the “fee” is really a “fine” imposed upon those who violate the
ordinance.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked Inspector
Blanchette to explain the purpose of the proposed ordinance. Inspector Blanchette discussed
the reasons for the proposed amendment. A discussion ensued about the reserved discretion
of each of the building inspectors if the fine is to be assessed.
Council President Blanchette discussed the general concern shared among the
Council Members concerning fines assessed against home owners initiating their own
repairs.
Upon being granted the floor, Councilor Kolofoles asked Inspector Blanchette about
the origin of the proposed amount of $200.00. Inspector Blanchette stated the amount was
recommended though discussions with Building Commissioner Waldron. A discussion
440
ensued regarding items that may or may not require a building permit. Inspector Blanchette
stated that it is not unusual to find about 12 violations each month in the City of Lawrence.
A discussion ensued regarding the current permit charges of $7.00 per thousand and the
minimum permit fee of $35.00 currently charged by the Inspectional Services Department.
Council Members present to consider the matter presented. Upon a motion to approve the
measure as presented by Councilor Gosselin [with the agreed upon amendment attached] and
duly seconded by Councilor DiMarca, the Council Members present voted to approve the
measure as presented and amended as follows:
6-YES; 3-NO
IV: Communication from Mayor, City Officials & City Attorney: - None
Councilor Gosselin presented a motion to take document #280/07 out of the order
appearing on the agenda. The motion was seconded by Councilor Alvarez-Rodriguez and
441
Doc. 280/07: Commercial Revitalization Deduction – Bagel Boy -485 South Union St. B & F Committee – Approved
to approve the measure which was seconded by Councilor Alvarez-Rodriguez and
Doc. 295/07: Appropriation Transfer–from Personal Services to Instructors-$2,880.00–
Bernard Reilly Council on Aging Director – Ref. to Budget and Finance
Doc. 248/07: Parking – 253 South Union Street @ Fowler Street –
20 minute – Ordinance Committee – Public Hearing Ordered
report of the Ordinance Committee recommending a public hearing be ordered to present the
measure for consideration of the Council Members. The report was presented in the form of a
motion, seconded by Councilor DiMarca and unanimously approved by the Council
Doc. 264/07: Stop Sign - Sylvester Street – Ordinance Committee –
442
motion, seconded by Councilor Parolisi and unanimously approved by the Council Members
present [9-0].
Doc. 279/07: National Grid – permission to locate poles, wires and fixtures on Franklin
St.-Ord. Committee – Public Hearing Ordered
present [9-0].
Doc. 283/07: Marion Avenue from Lawrence Street to dead end – proposal to
permanently close public way - Ordinance Committee – Public Hearing Ordered
present [9-0].
VII. WITHDRAWALS:
Doc. 254/07: Handicapped Parking Sign – 234 High Street – Ordinance Committee –
Ref. to Ordinance Committee
443
Committee. Councilor Kolofoles presented a motion to withdraw the item from the agenda.
The motion fails for lack of a second.
Upon being recognized Councilor Alvarez-Rodriguez presented a motion to send the
matter back to the Ordinance Committee. The motion was seconded by Councilor Silva and
the Council Members present voted unanimously [9-0] to refer Doc. 254/07 back to the
presented the report concerning matters before the Housing Committee.
Upon the motion of Councilor Alvarez-Rodriguez, seconded by Councilor
Kolofoles, the following items were unanimously approved by the Council Members present
[9-0] to consider them as a block.
Upon the motion of Councilor Alvarez-Rodriguez, seconded by Councilor Kolofoles,
the following items were declared surplus by unanimous vote of the Council Members
present [9-0]:
Doc. 289/07: Surplus Declarations–243 S. Broadway St.–Tax Map #119, Lot 53Michael R. Sweeney-Planning Department Director-Declared Surplus
Doc. 290/07: Surplus Declarations- 135 Common Street -Tax Map #106, Lots 74, 75, 76
& 77 – Michael R. Sweeney, Planning Department Director-Declared Surplus
Doc. 291/07: Surplus Declarations – 15 Center Street – Tax Map #173, Lot 47 –
Michael R. Sweeney, Planning Department Director-Declared Surplus
444
Doc. 292/07: Surplus Declarations – 7 Lowell Street –Tax Map #127, Lot 27 –Michael
R. Sweeney, Planning Department Director-Declared Surplus
IX. OLD BUSINESS: - None
X. TABLED MATTERS:
Doc. 215/06: Good Citizenship Award – Mayor - Withdrawn
Members present [9-0]. Councilor Kolofoles moved to withdraw the item from the Council
Doc. 42/07: Lawrence Community Works – FY 2006 unpaid invoice - $4,217.66 Withdrawn
Councilor Parolisi presented a motion to remove the item from the table which was
Members present [9-0]. Councilor Parolisi moved to withdraw the item from the Council
Doc.245/07: Appointment – Temporary Board of Registrars –William J. Maloney, City
Clerk - Withdrawn
Councilor Alvarez-Rodriguez presented a motion to remove the item from the table
which was seconded by Councilor Kolofoles and unanimously approved by the Council
445
Members present [9-0]. Councilor Alvarez-Rodriguez moved to withdraw the item from the
Council Agenda which was seconded by Councilor Kolofoles and unanimously approved [90] by the Council Members present.
Doc. 34/07: Arlington Mills Smart Growth District – hearing held –
Discussed – Removed from Table - Tabled
A discussion ensued about proceedings and current status of this item among Council
Members.
seconded by Councilor Kolofoles and unanimously approved by the Council Members
present [9-0].
Upon being granted the floor, Councilor Kolofoles discussed what he believed needed
to be done. He discussed the procedural history of the item and stated that he believed the
matter had to be approved by the Zoning Board.
Upon being recognized Councilor Parolisi presented a motion to table the item as
seconded by Councilor Silva and the Council Members present voted unanimously [9-0] to
table the item.
Doc. 34/07: Discussed – Removed from Table - Tabled
Doc. 123/06: Revisiting Residency Requirements – Ref. to Ord.
Councilor DiMarca presented a motion to remove the item from the table which was
seconded by Councilor Gosselin and unanimously approved by the Council Members present
[9-0].
446
Councilor DiMarca presented a motion to send the item to the Ordinance Committee
which was seconded by Councilor Alvarez-Rodriguez and the Council Members present
voted to refer Doc. 123/06 to the Ordinance Committee for further proceedings by the
following vote. 8-YES; 1-NO
Doc.107/07: Legal Pending Litigation and Claims against the Police Dept. and the CityCouncilor Silva – Withdrawn
Councilor Silva presented a motion to remove the item from the table which was
Members present [9-0]. Councilor Silva moved to withdraw the item from the Council
XI. TABLED MATTER
60/06
128/06
367/06
46/07
14/07
228/07
Zoning Board of Appeals, Planning Bd., Lawrence Redevelopment Auth.
Water Treatment Center – Fiber Optics – update on who authorized such work
To occur – Where is the contract and the bid?
Sign Ordinance –new sign – discussion-Peter Blanchette, Building Inspector
Temporary Appointments- proposed amendments to Section 2.04.081 of the
Municipal Code
447
288/06
13/06
Traffic and Public Safety – 5 corners (Floral, School, Hancock, Doyle Streets
and Oregon Avenue
Parking Garage- new High School site
XII. NEW BUSINESS:
296/07
Home Rule Petition for Voter ID – Counc. Gosselin – Ref. to Ord.
297/07
Disclosure of Financial Interest by Municipal Employee – Frank Martin, LFD
Captain – Ref. to Ord.
298/07
and fixtures on Shawsheen Road – Ref. to Ord.
National Grid – request permission to place underground electric conduits on Concord St.
- Ref. to Ord.
FY 2008 Tax Recapitulation – Mark Andrews, Budget and Finance Director – Ref. to
Budget and Finance
FY 2008 Tax Classification Factor – Joseph Giuffrida, Board of Assessors Chairman –
Ref. to B & F
Downtown Parking Lots – city lot on Common Street (adjacent to City Hall) and city lot
on Essex Street (behind Superior Court) – Parking Ordinance - Counc. Kolofoles – Ref.
to Ord.
New Telephone System – to be discussed – Counc. Kolofoles – Ref. to Ord.
Owners and Bank Protection Act of 2007 – LaRouche Political Action Comm. – Ref. to
Housing
299/07
300/07
301/07
302/07
303/07
304/07
Items added during Meeting [proceedings noted above]
289/07
290/07
291/07
292/07
Surplus Declarations–243 S. Broadway St.–Tax Map #119, Lot 53-Michael R. SweeneyPlanning Department Director – Declared Surplus
Surplus Declarations- 135 Common Street -Tax Map #106, Lots 74, 75, 76 & 77 –
Michael R. Sweeney, Planning Department Director – Declared Surplus
Surplus Declarations – 15 Center Street – Tax Map #173, Lot 47 – Michael R. Sweeney,
Planning Department Director – Declared Surplus
Surplus Declarations – 7 Lowell Street –Tax Map #127, Lot 27 –Michael R. Sweeney,
Planning Department Director – Declared Surplus
XIII. ADJOURNMENT:
Upon Motion of Councilor Frechette duly seconded by Councilor Parolisi, the
448
ADJOURNED
(8:14p.m.)
Attest:
William J. Maloney
City Clerk
449
DATE: Tuesday, December 4, 2007
A REGULAR MEETING of the City Council was held on Tuesday, December 4,
Approximately Thirty-two [32] persons were present.
Modesto Maldonado, 115 Spruce Street, Lawrence, MA spoke against raising fees
and taxes.
Lindy Galland, 196 West Street, Lawrence, MA commented upon the recent passing
of Edward Anderson and his ability as a community advocate.
the order appearing on the agenda. The motion was seconded by Councilor Kolofoles and
450
[Tuesday, December 4, 2007]
Doc. 228/07: Proclamation – Maggie Super Church -Off Table – Presented
Council President Blanchette presented the Proclamation to Maggie Super Church.
Doc. 279/07: National Grid and Verizon, New England, Inc. – request permission to
locate poles, wires and fixtures on Franklin Street – Hearing held - Approved
Council Members.
David Abnew, a representative for Verizon New England, Inc., described and
explained the work to be performed as provided in the petition.
Upon being granted the floor Councilor Kolofoles posed questions about the purpose
of locating these types of poles.
451
presented by Councilor Parolisi, as seconded by Councilor Kolofoles, the Council Members
V: Communication from Mayor, City Officials & City Attorney: - None
Doc. 295/07: Appropriation Transfer – Council on Aging - $2,880.00 –
Budget and Finance Committee – Approved
to approve the measure, seconded by Councilor Alvarez-Rodriguez and unanimously
Doc. 305/07: Appropriation Transfer - Snow and Sanding –MGL Chapter 44, Section
31D – Frank McCann, Jr.Department of Public Works Director – Ref. to Budget and
Finance
Doc. 306/07: Resolution – Rafael Gadea – Councilor Kolofoles – Tabled
Council President Blanchette introduced the item and requested Councilor Kolofoles
to proceed. Councilor Kolofoles moved to have the item “tabled” for presentment at a later
date. The motion was seconded by Councilor DiMarca. The Council Members present voted
unanimously [9-0] to table the item.
Doc. 306/07: Tabled
452
Doc. 307/07: Resolution - Dr. Rene Thomas – Councilor DiMarca – Tabled
Council President Blanchette introduced the item and requested Councilor DiMarca
to proceed. Councilor DiMarca moved to have the item “tabled” for presentment at a later
date. The motion was seconded by Councilor Gonzalez. The Council Members present
voted unanimously [9-0] to table the item.
Doc. 307/07: Tabled
Doc. 310/07: Resolution – Lawrence D. Towler –
Councilor Alvarez-Rodriguez-Presented
Council President Blanchette introduced the item and requested Councilor AlvarezRodriguez to proceed. Councilor Alvarez-Rodriguez presented the Resolution to Lawrence
D. Towler.
Council President Blanchette introduced the next three resolutions [Doc. 311/07; Doc.
314/07; Doc. 315/07] and requested Councilor Alvarez-Rodriguez to proceed. Councilor
Alvarez-Rodriguez informed the Council Members that these three Resolutions of the City
Council will be presented at the Christmas event to be held in the near future.
Doc. 311/07: Resolution – Luis Bonilla – Host of Asi Canta Puerto Rico Radio Program
– Councilor Alvarez-Rodriguez- to be presented @ event
Doc. 314/07: Resolution – Union Puertorriqueña (Puerto Rican Unity) – Counc.
Alvarez-Rodriguez – to be presented @ event
Doc. 315/07: Resolution – New England Puerto Rican Alliance (NEPRA)-Councilor
Alvarez-Rodriguez – to be presented @ event.
453
Doc. 297/07: Disclosure of Financial Interest by Municipal Employees – Ordinance
report of the Ordinance Committee recommending approval of the item. The report was
presented in the form of a motion to approve the measure, seconded by Councilor Parolisi
Doc. 298/07: National Grid & Verizon New England, Inc. – request permission to
locate poles, wires and fixtures on Shawsheen Road – Ord. Comm. –
report of the Ordinance Committee recommending a public hearing be ordered. The report
was presented in the form of a motion, seconded by Councilor Alvarez-Rodriguez and
Doc. 299/07: National Grid & Verizon New England, Inc. – request permission to place
underground electric conduits on Concord Street – Ord. Comm. –
Public Hearing ordered
report of the Ordinance Committee recommending a public hearing be ordered. The report
was presented in the form of a motion, seconded by Councilor Alvarez-Rodriguez and
454
Doc. 301/07: FY’08 Tax Classification Factor – Budget and Finance Comm. - Public
Hearing ordered
report of the Budget & Finance Committee recommending a public hearing be ordered. The
report was presented in the form of a motion and seconded by Councilor Alvarez-Rodriguez.
Upon being granted the floor Councilor Kolofoles stated he was unable to attend the
Budget and Finance Meeting and wanted to present further inquiry. Councilor Kolofoles
proceeded to posed questions to Assessor Joseph Giuffrida concerning the estimated average
tax on a single family home and how the averages were calculated. He also discussed the
estimated average tax to be assessed on other properties based upon information provided by
the Assessor’s Office. A discussion ensued between Assessor Giuffrida and Councilor
Kolofoles regarding the current tax factor of 1.75 and the anticipated tax factor to be
presented for approval by the City Council.
Upon being granted the floor, Councilor Alvarez-Rodriguez emphasized that the
policies and approvals of the City Council must be followed to be consistent.
Upon inquiry by Council President Blanchette, Assistant Assessor Vega informed the
Council Members that property revaluation was last performed in 2005.
Upon vote of the Council Members present, the Council Members present voted
unanimously [9-0] to order a Public Hearing on the measure.
455
Doc. 281/07: Comprehensive Technical Corrections Plan FY 2008 Budget –
Recap – B & F Comm. – Tabled
report of the Budget & Finance Committee without a recommendation. The report was
presented in the form of a motion to approve and seconded by Councilor Frechette.
Upon being granted the floor, Councilor Alvarez-Rodriguez asked about the process
to be followed of Council President Blanchette. A discussion ensued between Councilor
Kolofoles and Councilor Parolisi concerning the items 281/07, 281A/07 and 281B/07. Upon
being recognized Budget and Finance Director Mark Andrews explained the process
recommended.
Upon being recognized Councilor Parolisi asked about the course of action to be
taken.
Upon being granted the floor, Councilor Frechette stated that the Council has to take
some action on the other matters before approving the recap. A discussion ensued between
Councilor Frechette and Councilor Parolisi concerning the items presented.
Upon being granted the floor and at the request of Councilor DiMarca, Director
Andrews discussed specific cuts being proposed regarding vehicle fleet reduction and
reduction in gas allocations. A discussion about recycling plans and hiring a recycling
coordinator ensued.
Councilor DiMarca posed questions about consolidation of offices. Director
Andrews indicated this is a “long range” plan that will be addressed in the future. Councilor
DiMarca also discussed inherent savings resulting from “attrition”. Aspects of overtime pay
was also discussed.
456
Upon being granted the floor, Councilor Gosselin discussed operational costs of the
Water Treatment Plant. She also discussed the viability of privatizing certain city services
and whether or not it should be reconsidered for approval. Councilor Gosselin commented
that an early payment discount should also be considered.
Upon being granted the floor, Councilor Silva commented that she wanted to clarify
the fact that the Mayor sought to cut eight positions with the Fire Department while she
sought to keep these positions but recommended cutting “overtime”. Councilor Silva posed
questions about the proposal to cut $239,000.00 and the posting and filling of new positions
in the amount of $300,000.00 to $400,000.00. She stated that the Mayor should appear
before the City Council to advance proposed budget corrections. A discussion between
Councilor Silva and Director Andrews ensued concerning possible termination of union
positions being suggested. Councilor Silva suggested that City Departments should also be
required to report to the City Council on a regular basis in order to assure departmental
operations are in line with budget limitations. She also suggested that an outside
investigation should be conducted to determine how projected operational costs were not met
by amounts of revenue raised. Director Andrews reviewed the statutory and ordinance
requirements to repay the water debt service. Councilor Silva stated that fee and tax
collections should be at a rate between 96% to 98% collections in order to be effective. She
stated that collections of sums due directly impact the tax rate paid by residents.
Upon inquiry of Councilor Alvarez-Rodriguez, Budget and Finance Director
Andrews explained the basis for presenting the information before the Council Members.
457
Councilor Alvarez-Rodriguez also asked about the projected completion date of the FY 2007
independent audit being conducted by Melansen and Health. Councilor Alvarez-Rodriguez
stated her reasons for being unable to vote for the proposed recap primarily due to the fact
that the Mayor’s policies continue to be inconsistent with plans implemented by the City
Council.
Upon being granted the floor, Councilor Kolofoles discussed the lack of personnel
employed by the City Of Lawrence. He posed questions about continued job postings that
are pending and hired to Director Andrews. A discussion ensued about new hirings and
personnel. Councilor Kolofoles suggested there were many more cuts necessary to balance
the FY 2008 Budget. He asked Director Andrews about the tax recap.
Council President Blanchette commented about the procedures anticipated in the
future. He asked Director Andrews for additional and further information. Council President
Blanchette posed questions about anticipated revenues that an increase may yield. Director
Andrews explained that other projected revenues and “hiring freeze” are projected on a six
month pro-rata basis. He stated that the Council Members should be apprized of projections
throughout the year by the Administration.
Council President Blanchette stated Doc. 281/07 should be tabled.
Upon being recognized Councilor Alvarez-Rodriguez presented a motion to table the
item. The motion was seconded by Councilor Kolofoles and the Council Members present
voted unanimously [9-0] to table Doc. 281/07.
Doc. 281/07: Tabled
Doc. 281A/07: Comprehensive Technical Corrections Plan FY 2008 Budget–Water and
Sewer Increase- Budget and Finance Comm. – Public Hearing Ordered
458
report of the Budget & Finance Committee to refer the matter to the full Council without a
Committee recommendation. The report was presented in the form of a motion to accept the
report of the Budget and Finance Committee which was seconded by Councilor Frechette.
Council President Blanchette waived the Ordinance Committee referral to accept
report.
Councilor Parolisi presented a motion to order a public hearing on the matter. The
motion was seconded by Councilor DiMarca and the Council Members present vote
unanimously [9-0] to order a public hearing on the matter.
Upon being recognized Councilor Kolofoles asked for the rate to be published as
submitted. A discussion ensued about the method of advertising. Councilor Kolofoles
suggested an amendment at a rate certain. Council President Blanchette stated that it may be
more appropriate to present an amendment to the rate.
Doc. 281A/07: Public Hearing Ordered
Doc. 281B/07: Comprehensive Technical Corrections Plan FY 2008 Budget – Fees, etc.
–Budget and Finance Comm. – Report Accepted
report from the Budget & Finance Committed in the form of a motion to accept the report,
which was seconded by Councilor Frechette and unanimously [9-0] voted upon by Council
Members present.
Doc. 281B/07: Report accepted
459
Doc.164/06: Fee Structure –various departments -review and
consideration changes – Mayor Sullivan – Public Hearing Ordered
report was presented in the form of a motion seconded by Councilor Frechette and
unanimously [9-0] approved by the Council Members present.
VIII. WITHDRAWALS:
for withdrawal from the Council agenda. The motion was seconded by Councilor AlvarezRodriguez.
Upon a call for discussion Councilor DiMarca stated that he would like to re-table
Doc. 123/06. Councilor Kolofoles retracted his motion for withdrawal in a block.
Doc. 22/06: Permit to Build – ordinance review – Ordinance Committee – Withdrawn
of a motion. The motion was seconded by Councilor Frechette and the Council Members
present vote unanimously [9-0] to withdraw the item from the agenda.
460
Doc. 123/06: Residency Requirement – revisiting – Ord. Comm. – Tabled
of a motion which was seconded by Councilor Frechette.
Upon being granted the floor, Councilor Kolofoles discussed the form of the language
of the proposed ballot question. Councilor Kolofoles presented a motion to table the item as
seconded by Councilor Alvarez-Rodriguez and the Council Members present vote
unanimously [9-0] to table Doc. 123/06.
Doc. 123/06: Tabled
Doc.123/07: Parking – Garden Street- Ord. Comm. – Withdrawn
of a motion. The motion was seconded by Councilor Frechette and the Council Members
present vote unanimously [9-0] to withdraw the item from the agenda.
Doc. 124/07: Parking – Orchard Street – Ord. Comm. – Tabled
of a motion which was duly seconded by Councilor Frechette.
A discussion ensued between Councilor Kolofoles and Councilor Alvarez-Rodriguez
regarding the steps taken to investigate the item to reach a recommendation for withdrawal.
Upon being granted the floor, Councilor Silva commented that the measure should
461
apply to all areas of the City but the current item applies to one district.
[District B]
[Councilor Kolofoles presented a motion to conduct Council business past
10:00 p.m. which was duly seconded by Councilor Frechette and unanimously approved
by the Council Members present]
Upon being recognized Councilor Alvarez-Rodriguez presented a motion to table the
item. The motion was seconded by Councilor Gosselin and the Council Members present
voted unanimously [9-0] to table Doc. 124/07.
Doc. 124/07: Tabled
IX. OLD BUSINESS:
Doc. 309/05: 128 Newbury Street – affirmation of 9/18/07 approval – Housing Comm. Affirmed
presented the report of the Housing Committee to affirm the item. The report was in the
form of a motion seconded by Councilor Kolofoles and the Council Members present voted
to affirm the item by the following vote. 8-Yes; 1-No
Doc. 309/05: Affirmed
462
Councilor Kolofoles discussed the inordinate delay in transfer of title to properties the
City Council has approved and suggested that it may be necessary to forward a letter to the
City Attorney to expedite these matters [particularly the recent disposition of real property on
Lowell Street]. Councilor Alvarez-Rodriguez presented a motion to forward such a letter to
the City Attorney which was seconded by Councilor Kolofoles and unanimously approved
[9-0] by the Council Members present.
Letter to the City Attorney
A discussion ensued about the appropriateness of referring documents 312/07 and
313/07 to the Personnel Committee. Councilor DiMarca commented that the City
Ordinances are being unnecessarily disregarded while the City Council is in a crisis.
X. TABLED MATTERS:
60/06
128/06
367/06
46/07
14/07
34/07
288/06
13/06
Zoning Board of Appeals, Planning Board, Lawrence Redevelopment Authority&
Conservation Commission – hearing held
Temporary Appointments–proposed amendments to Sec. 2.04.081 of the Municipal Code
Parking Garage – new high school site –Councilor Gosselin
XI. NEW BUSINESS:
308/07
309/07
312/07
Covanta Property – City acquisition of land off Manchester St. for construction of a
Park – Ellen Minzner, Community Development Department – Ref. to Housing
Bagel Boy TIF and EOA applications for 485 South Union Street – Frank O’Connor, Jr.Economic Development Officer – Ref. to Budget & Finance
Appointment – Zoning Board of Appeals – Frank G. Campos – Michael R. Sweeney,
Planning Department Director – Ref. to Personnel
463
313/07
Appointment – Zoning Board of Appeals – Kemal Bozkurt – Michael R. Sweeney,
Planning Department Director – Ref. to Personnel
ITEMS ADDED DURING MEETING
164/06
Fee Structure –various departments -review and consideration changes – Mayor Sullivan –
tabled – P.H. ordered
XII. ADJOURNMENT:
Upon Motion of Councilor Frechette duly seconded by Councilor Kolofoles, the
ADJOURNED
(10:11p.m.)
Attest:
William J. Maloney
City Clerk
464
DATE: Monday, December 17, 2007
A SPECIAL MEETING of the City Council was held on Monday, December 17,
2007 at 7:11 p.m. in the City Council Chamber with all Members present. Councilor
Alvarez-Rodriguez arrived at 7:19 p.m. and Councilor Gonzalez arrived at 8:07 p.m.
Approximately Thirty [30] persons were present.
Council President Blanchette explained the purpose of tonight’s meeting and
introduced the three items scheduled for public hearing as they appeared on the agenda for
this evening.
Doc.164/06: Fee Structure – various departments – review and consideration changes –
hearing held – Approved with amendment
Council Members.
465
[Monday, December 17, 2007]
Mark Andrews, Director of Budget & Finance for the City of Lawrence, addressed
Council Members regarding the preparation and reasons for presenting the petition. He
asked the Council Members to approve the item.
Modesto Maldonado, 115 Spruce Street, Lawrence, MA commented that he is against
any tax or fee increase. He stated that the request for fee increase are due to Mayoral
mismanagement.
Maureen Nimmo, Lawrence Library Director, commented that if revenues are not
increased it will result in closing certain Library Programs. She stated that staff lay-offs are
already going to be implemented tomorrow. Director Nimmo stated that it is important to
increase revenues as recommended by the Budget and Finance Director Mark Andrews.
Alberto Sirois, Mount Vernon Street, Lawrence, MA discussed the pending loss of
staff through lay-offs and its impact upon the Council on Aging.
Myles Burke, Commissioner of Inspectional Services, stated his support for the userfee proposed increases and explained that the proposed fees will not directly impact the
average tax-payer. He also commented on the impact that a loss of staff will have upon
current operations.
Michael Miller, 90 South Bowdoin Street, Lawrence, MA spoke in support of the
proposal submitted by Budget Director Andrews. He spoke favorably of the various
proposals presented.
Fire Chief Peter Takvorian, 65 Lowell Street, Lawrence, MA spoke in favor of the
proposed fee increases being presented. He provided examples of the out dated fee schedule
by referring to the smoke detector system of inspection.
466
Police Chief John Romero stated that he supports the fee increases proposed by
Budget Director Andrews.
Bernard Riley, Director of Council on Aging, 117 Bunkerhill Street, Lawrence, MA
stated that he supports the revenue enhancements proposed this evening.
Joseph Boren, 49 Basswood Street, Lawrence, MA Lawrence, MA stated that he will
be required to increase rents if the fees are increased. He stated that there are many
apartments unoccupied due to the current fees and taxes and the increase of foreclosures are
directly related to these increases.
Upon being recognized Councilor Gosselin presented a motion to approve the
measure as seconded by Councilor Parolisi.
Upon a call for discussion Councilor DiMarca discussed the importance of the
measure presented. He suggested there are three actions available, namely; (1) Adopt the
proposal submitted; (2) address the matter through attrition, and; (3) a reduction of
15-20% of all costs and expenses in the City of Lawrence. He stated that it is necessary that
all department consolidate services to be more effective and economical.
Upon being granted the floor, Councilor Gosselin commented that the proposed fee
increases will generate funds based on use. She discussed various proposed fees submitted.
Upon being granted the floor, Councilor Alvarez-Rodriguez posed questions to Fire
Chief Takvorian regarding the proposed fire department fees.
467
Upon being granted the floor, Councilor Kolofoles asked Chief Takvorian if the Fire
Department intends to increase fees for seasonal decorations.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed the importance
of seasonal decorations and stated that the proposed fee may be wise increase to the amount
requested. A discussion ensued between Councilor Alvarez-Rodriguez and Chief Takvorian
concerning specific fees and their applicability.
Upon being granted the floor, Councilor Kolofoles asked Chief Takvorian about the
manner by which the Fire Department chose which fees were identified for increase.
Councilor Kolofoles discussed the manner by which fees are accounted by the Comptroller to
Comptroller Camasso.
Council President Blanchette informed the Council Members about specific fees
developed over the course of recent Council Member terms.
Councilor Kolofoles continued to discuss the manner of reporting fees collected by
the Fire Department and other City departments. Councilor Kolofoles continued his inquiry
of Chief Takvorian concerning the charges for “Decoration Fees” and other fees that the
taxpayer will be assuming, if approved. Councilor Kolofoles commented that he believes
any increase in fees will by ultimately absorbed by the taxpayer either directly or indirectly.
Further discussion and inquiry ensued about reasons for specific fees subject to the petition.
Budget & Finance Director Mark Andrews explained that a comparative analysis of area
cities and towns regarding Fire Department fees charged was completed and provided to the
Council Members. Further discussion between Councilor Kolofoles and Chief Takvorian
regarding proposed fee increases continued briefly.
468
Upon being granted the floor, Councilor Silva commented that the City of Lawrence
is unique and not similar to other cities and towns. She stated that she does not believe the
Council Members should consider approval of fee increases that amount to as much as a
100% increase in some instances particularly when termination of personnel will take place
tomorrow.
there are certain fee increases that should be approved. Councilor Alvarez-Rodriguez
presented a friendly amendment to the motion on the floor and requested that the motion to
approve be allowed with the removal of the item relative to a proposed increase of a permit
fee for “Seasonal Decorations”. Councilor Gosselin agreed to the request for amendment to
her motion for approval.
Council President Blanchette discussed the motion on the floor are subject to
amendments.
Upon being granted the floor, Councilor Frechette discussed constable fees charged
and collected. He posed questions to the City Clerk, William Maloney and Tax Collector
Patricia Cook about the amount collected annually.
Upon being granted the floor, Councilor Kolofoles posed questions to the Police
Chief John Romero about the proposed fingerprinting fee. He also posed questions to
Inspectional Services Commissioner Myles Burke concerning proposed fee increases in his
department. A discussion ensued between Councilor Kolofoles and Commission Burke
regarding the various fees proposed. Councilor Kolofoles presented a friendly amendment to
keep the occupancy permit fee charge at $25.00.
469
Council President Blanchette inquired about the fine for building owners who fail to
obtain an occupancy permit and suggested that the maximum amount should only be
$300.00. Commissioner Burke agreed and stated that his proposed increase on this item had
been adjusted with the City Clerk.
Continued and further discussions ensued regarding the proposed fee increases
between Councilor Kolofoles and Commissioner Burke. Councilor Kolofoles also posed
additional questions about the increases proposed for the Municipal Line Certificate as
presented by Tax Collector Patricia Cook. Councilor Kolofoles suggested that the increase
of $100.00 proposed for the Municipal Lien Certificate for “4 plus” residential units remain
at the current amount of $50.00. Councilor Gosselin did not accept the friendly amendment
proposed by Councilor Kolofoles.
Members present to consider the motion on the floor for the approval of the measure as
presented by Councilor Gosselin and seconded by Councilor Parolisi to include Councilor
Alvarez-Rodriguez’ friendly amendment [to remove the item relative to a proposed increase
for a “Seasonal Decorations” permit fee]. The item was approved by vote of the Council
Members as follows: 6-Yes; 3-No
470
Upon being recognized, Councilor Kolofoles presented a motion to keep the
Municipal Lien Certificate fee charged for “4 plus” residential units at $50.00. The motion
was seconded by Councilor Alvarez-Rodriguez.
Upon a call for discussion Councilor Gosselin commented on the proposed
amendment in opposition. Councilor Kolofoles explained the reason for presenting the
motion. Upon being recognized Councilor Frechette discussed his opposition of the
proposed motion. Upon being recognized Councilor Parolisi clarified that the fee is applied
at the time of sale.
Council President Blanchette called the motion to the attention of the Council Members
present. Upon vote of the Council Members present, the motion was defeated as follows: 4YES; 4-NO; 1 ABSTAIN
471
Councilor Silva - Abstain
Doc. 164/06: Approved with amendment
Doc. 281A/07: Comprehensive Technical Corrections Plan FY 2008 Budget – Water
and Sewer Increases – Hearing held – Rejection approved
Council Members.
Budget Director Mark Andrews presented and explained the plan.
Modesto Maldonado spoke against the proposed increases. He stated that the
improvements to the water treatment plant were required because of financial
mismanagement by the Administration. He also reviewed the assessments and cost of sale to
certain family homes.
Department of Public Works Director Frank McCann spoke in favor of the proposed
increase.
Robert Fazio, Commissioner of the Water Department, discussed increased costs of
service being incurred by the Water and Sewer Department.
472
Council President Blanchette informed the Council Members present that the
advertisement published may be defective. Upon inquiry about the validity of the
advertisement posed by Council President Blanchette to Attorney Boddy, Attorney Boddy
stated that he agreed that the advertisement as published is defective but also indicated that
only the first item appearing in the graduated rate advertised could be considered by the
Council Members.
Upon being granted the floor, Councilor Kolofoles asked Director Andrews to explain
the proposal. He also posed questions to Water Commissioner Fazio about the bills being
sent out in December of 2007.
Upon being granted the floor, Councilor Silva stated that the previous water rate
increase was retrospective in application. Councilor Kolofoles agreed.
Commissioner Fazio explained that water bills that are sent out for final readings that
occur after January 1, 2008 will reference the new rate if it is approved and the water bills
sent out in March 2008 will reference the new rates as of January 1, 2008, if approved.
Councilor Kolofoles continued by discussing prior year proposals for water rate
increases with Commissioner Fazio. Councilor Kolofoles suggested that any increase could
be delayed until 2009. Councilor Kolofoles cited Chapter 13.04 of the Lawrence City
Ordinances concerning the Service Connection Ordinance.
473
Budget Director Andrews informed the Council Members of the Budget Office is
required to balance expenses and stated that he disagrees with Councilor Kolofoles
suggestion to delay Water Rate increases until 2009. A discussion ensued between Councilor
Kolofoles and Director Andrews concerning involvement of the Administration concerning
the financial matter being presented.
Upon being granted the floor, Councilor DiMarca stated that the City should
streamline and consolidate all public services. He recounted the financial difficulties
delivering necessary services experienced by the City in the past and noted that an increase in
expenses and costs is certain. Councilor DiMarca posed questions concerning the current
daily water use to Water Director Fazio. He suggested that the Water Department offer
purified water produced at the treatment plant for sale in order to generate a profit and to offset water maintenance costs. Commissioner Fazio stated that the Water Department has
solicited private firms to sell City water but has not received a response.
10: 00 PM: COUNCILOR KOLOFOLES PRESENTED A MOTION TO CONDUCT
COUNCIL BUSINESS PAST 10:00 PM WHICH WAS SECONDED BY COUNCILOR
DIMARCA AND UNANIMOUSLY APPROVED BY THE COUNCIL MEMEBRS
PRESENT.
Upon being granted the floor, Councilor Silva cited a letter dated April 2006 that
states that the current fee structure was suppose to be sufficient to support water service for
three years. She stated that the revelation of deficits occurring in the delivery of water
service are a result of increases in costs which may have occurred over the past couple of
years but were not reported to the City Council. She stated that the increases being proposed
by the Water Commissioner are entirely inconsistent with the fact that other employees
throughout the City are being laid off. Councilor Silva asked Budget Director Andrews
474
about the Health Employee Benefit Trust Fund and the arrangements made by the
Administration to retain some temporary employees despite the fact that the City Council is
being told that all temporary employees have been laid off. A discussion ensued between
Councilor Silva and Director Andrews regarding this matter. Councilor Silva continued by
asking Chief Romero about four promotions in the Lawrence Police Department. Chief
Romero stated there were no recent promotions. Further questions were posed to Director
Andrews regarding the total number of temporary employees in the City of Lawrence.
Director Andrews responded by explaining the proposed plan to address budget deficits.
Councilor Silva continued to discuss expected lay-offs she believed were scheduled to be
implemented on December 18, 2007. She posed questions to Director McCann about prior
waste disposal overcharges. Councilor Silva concluded by stating the Administration has
been irresponsible and financially unresponsive regarding the FY 2008 Budget.
Councilor Silva presented a motion to reject the water/sewer rates proposed which
was seconded by Councilor Alvarez-Rodriguez.
Upon a call for further discussion, Councilor Frechette commented that if the
water/sewer enterprise fund is not paying for itself there are other ways to make it fiscally
responsible. He posed questions to Director Andrews concerning the 2004 “free cash”
availability in the amount of $4.2 million previously certified by D.O.R. Councilor Frechette
commented about communications received from D.O.R. concerning surplus free cash
475
surplus which he suggested may be available. He also discussed the method of operation of
the water enterprise fund. Councilor Frechette discussed the 2004 and 2005 surplus in the
sewer/water enterprise fund with Budget Director Andrews. He concluded by stating that he
cannot see the measure passing this evening and asked what action, if any, would be taken by
Department of Revenue [hereinafter referenced as DOR] if the increase was not approved by
the City Council.
11:00 PM: COUNCILOR ALVAREZ-RODRIGUEZ PRESENTED A MOTION TO
COUNCILOR KOLOFOLES AND APPROVED BY ROLL CALL
VOTE OF THE COUNCIL MEMBERS PRESENT AS FOLLOWS: 7-YES; 2-NO.
Upon being granted the floor, Councilor Alvarez-Rodriguez discussed the proposal to
increase rates and taxes are in combination with layoffs. She commented that the notice sent
to Department Heads earlier today was “terse” at best. Councilor Alvarez-Rodriguez stated
her concerns about reductions to the Senior Center Staff and encouraged the Mayor to
reconsider cutting staff in that department. She discussed her opposition to rate and tax
increases being proposed emphasizing that increases in fees and taxes are only passed on to
the homeowners which directly affects their ability to keep and maintain their homes. She
stated that she dislikes laying off personnel but does not believe there is any alternative
476
available. Councilor Alvarez-Rodriguez posed questions about the possibility of transferring
funds from the School Construction Fund.
Council President Blanchette explained that the Council does not have to approve
such a transfer. Continuing Councilor Alvarez-Rodriguez suggested that the Department of
Revenue be informed that the City of Lawrence cannot implement the proposals being
recommended by the DOR due to the severity of the economic distress being experienced in
the City Of Lawrence which is very which is unique in comparison with other cities and
towns in the Commonwealth.
Upon being granted the floor, Councilor Parolisi suggested that it may be possible to
close the deficit in fee collections to produce additional revenues. He posed questions to
Director Andrews about the proposed staff layoffs. Councilor Parolisi also suggested that
some action is necessary in order to avoid more serious consequences from the DOR in the
future. A discussion among the Council Members ensued about the legislative process and
presentment of additional motions.
Council President Blanchette commented that the current matter is of great concern to
his constituents. He praised Director Andrews for his efforts as Chief Financial Office of the
City and commented the budget difficulties are expected to continue despite any action taken
by the Council Members on the matters presented. He read from an article dated December
14, 2006 which criticizes the Council Members from the action taken last year during budget
sessions. Council President Blanchette commented about the proposed layoffs that will take
place despite any vote taken on the sewer/water rates and suggested that it is probably best to
proceed by laying off temporary employees first. He stated that he cannot support the
477
proposal presented on behalf of the Mayor by Budget Director Andrews for a variety of
reasons but primarily due to a lack of assurance from the Mayor that the proposal will be
implemented as presented.
Upon being granted the floor, Councilor Frechette reviewed the history of “free cash”
availability and its gradual depletion over time. He stated that the Administration failed to
maintain correspondence with the City Council Members between 2005-2007 concerning the
use or application of available “free cash”.
Upon being granted the floor, Councilor Kolofoles posed questions to Director
Andrews concerning discussions he may have had with representatives of the Department of
Revenue concerning the availability of “free cash”.
Members present to consider the motion on the floor.
Upon a motion to reject the water/sewer rates proposed presented by Councilor Silva
duly seconded by Councilor Alvarez-Rodriguez, the Council Members present voted to
approve the matter and rejected the proposal as follows. 6-Yes; 3-No
Doc. 281A/07 – Rejection approved
478
Doc. 301/07: FY 2008 Tax Classification Factor – Hearing held- Public Hearing
Opened
Council Members.
Director Andrews spoke for approval of the measure presented.
Modesto Maldonado stated his opposition to the increase citing examples of increased
foreclosures which property value and taxes directly impact.
12:00 AM: COUNCILOR SILVA PRESENTED A MOTION TO CONDUCT
COUNCIL BUSINESS PAST 12:00 AM WHICH WAS SCONDED BY COUNCILOR
FRECHETTE AND UNANIMOUSLY APPROVED BY THE COUNCIL MEMBERS
PRESENT.
Alexcy Vega stated that the board of Assessors met and established real property
values and methods of applying assessment relief by abatement applications that may be filed
by taxpayers. He explained the method of value and assessment determination applied.
Upon being recognized Councilor Frechette presented a motion to continue the
hearing to December 18, 2007. Councilor Parolisi seconded the motion and the Council
Members present voted unanimously [9-0] to continue the hearing to December 18, 2007.
- None
479
IX. TABLED MATTERS:
60/06
128/06
367/06
46/07
14/07
34/07
288/06
13/06
306/07
307/07
281/07
123/06
124/07
Resolution – Rafael Gadea – Councilors Kolofoles and Gonzalez
Resolution – Dr. Rene Thomas – Counc. DiMarca
Comprehensive Technical Corrections Plan FY 2008 – Recap – B & F Comm.
Residency Requirement – revisiting – Ord.Comm.
Parking – Orchard St. – Ord. Comm
XI. ADJOURNMENT:
Upon Motion of Councilor DiMarca duly seconded by Councilor Alvarez-Rodriguez,
ADJOURNED
(12:45p.m.)
Attest:
William J. Maloney
City Clerk
480
DATE: Tuesday, December 18, 2007
A REGULAR MEETING of the City Council was held on Tuesday, December 18,
2007 at 7: 40 p.m. in the City Council Chamber with all Members present. Councilor
Alvarez-Rodriguez arrived at 8:25 p.m.
Approximately Forty seven [47] persons were present.
Ellie Curtin, 198 Essex Street Lawrence, MA, praised the current Council Members
as the best Council ever. She commented on the noise from the neighboring bars concerning
a disturbance to the residents of Brunswick House.
Lindy Galland, 196 West Street, Lawrence, MA stated that the 2007 Municipal
Elections were subject to dirty politics. She stated that the continuing mystery of the loss of
15 million dollars is more of a loss than the recent scandal involving Francis Stokes.
Joseph S. Boren, 49 Basswood Street, Lawrence, MA, commented that the Police
Chief, Fire Chief, Superintendent and Mayor should voluntary take a pay cut.
Marcos Devers, 16 Woodland Street, Lawrence, MA, spoke in favor of the boxing
group supervised by Edwin Candelaro. He spoke in praise of the Greater Lawrence
481
Technical School Football Team for their recent championship season. Mr. Devers wished
the Council Members who were leaving their position the best.
Pedro Payano, 596 Haverhill Street, Lawrence, MA, spoke in support of Edwin
Candelario’s boxing class and students. He thanked the Council Members for their service.
He also spoke against the proposed tax increase.
Evelyn Fournier, 104 Lexington Street, Lawrence, MA, stated she wanted to
complain that a number of the Lawrence Police broke down the door of her home and wanted
to enter the house and hit her in front of her five year old daughter. She asked that the City
Of Lawrence should do something about this problem. She stated that she was arrested and
is before the court.
Modesto Maldonado, 115 Spruce Street, Lawrence, MA, stated that the recent cut to
staff is a result of mismanagement by the Mayor. He spoke in support of proposals of
Councilor Silva and Councilor DiMarca.
Alicia Lugo, 120 Berkeley Street, Lawrence, MA, commented that she was surprised
that city employees were laid off.
Councilor Frechette presented a motion to take document #322/07 out of the order
Doc. 322/07: Resolution – Edwin Candelario, Julio Pena, Carlos Candelario, Fernando
Collazo, Jose Colon – Council President Blanchette - Presented
Council President Blanchette presented the Resolution regarding the boxing program.
Gloria Candelario offered a few words of thanks in recognition of the recipients.
482
Doc. 321/307/07: Resolution – Dr. Rene Thomas –Councilor DiMarca – Presented
Councilor DiMarca presented the Resolution to Dr. Rene Thomas. Dr. Rene Thomas
offered a few words of encouragement for the youth of Lawrence and hope for the future of
Lawrence.
Councilor Kolofoles presented a motion to remove the Doc. 306/07 from the table
which was seconded by Councilor Gonzalez and unanimously approved by the Council
IV. TABLED MATTERS:
Doc.306/07: Resolution – Rafael Gadea – Councilors Kolofoles and Gonzalez –
Presented
Councilors Kolofoles and Gonzalez presented the Resolution to Rafael Gadea.
Doc. 319/07: Resolution – Homeowners and Bank Protection Act of 2007 –Councilor
Alvarez-Rodriguez – Presented
On behalf of Councilor Alvarez-Rodriguez, Council President Blanchette presented
the Resolution.
[Councilor Alvarez-Rodriguez arrived at 8:25 p.m.]
appearing on the agenda. The motion was seconded by Councilor Parolisi and unanimously
483
VI. OLD BUSINESS:
Doc.301/07: FY 2008 Tax Classification Factor – hearing continued – Defeated
Council President Blanchette re-opened the public hearing continuing the prior
proceedings on this item.
Upon being granted the floor, Councilor Frechette suggested that Assistant Assessor
Alecy Vega was “cut off” from his presentation and should be invited to speak.
Assistant Assessor Vega presented information to the Council Members and the
public regarding the method of tax assessment used by the Assessor’s Office for residential
and commercial property.
Upon being granted the floor, Councilor Gonzalez posed questions on the proposed
increased assessment between a three family home and a single family home.
Inquiring of Budge and Finance Director Mark Andrews, Council President
Blanchette asked what action the Council is being asked to take on this matter. Director
Andrews stated that Council is being asked to approve a tax factor rate which can be done in
order to set that rate. At the request of Council President Blanchette Director Andrews
explained and discussed the “Appropriation Order” document provided to the Council
Members. Council President Blanchette stated his concerns that the item presented is
actually an appropriation order which typically is a budget matter and adjusts the budget. A
discussion ensued between Council President Blanchette and Director Andrews concerning
the content of the information provided by the Budget Office.
484
Upon being granted the floor, Councilor Frechette stated that he is confused about the
document being provided and appears as a new item. He stated further that the document
presented is a new item and should be documented as such.
Council President Blanchette called for further comment.
Jose Arias of Lawrence commented that he believes it is difficult to see the City
Council again discussing a tax increase. He asked the Council Members to take responsible
action on this matter. He also stated that he believes the funds collected by the City have
been mismanaged. He asked the Council not to make matters worse.
Fire Chief Takvorian 65 Lowell Street, Lawrence, MA, discussed the lay offs that
occurred today and stated that contrary to public opinion, the Fire Department personnel will
be affected by the action taken by the City Council and the Administration. He spoke in
favor of Council approval of the approved fee increase and tax factor.
Upon being recognized, Councilor Parolisi presented a motion to approve the
measure which was seconded by Councilor Frechette.
Upon a call for further discussion, Councilor DiMarca discussed options and
alternatives to current method of assessing property values. He posed questions to Assistant
Assessor Vega regarding the method and process employed to determine property tax value.
Council President Blanchette asked Assistant Assessor Vega about the inflated values
occurring in Lawrence.
485
Upon being granted the floor, Councilor Kolofoles posed further inquiry about
“inflated values” of real property.
Upon being granted the floor, Councilor Alvarez-Rodriguez posed questions to
Assistant Assessor Vega about the method of implementing tax assessments in a market
where real property market value is changing. She also posed questions about “new growth”
value and how it is calculated. Councilor Alvarez-Rodriguez commented that she has some
difficulty voting in favor of the measure as presented. Councilor Alvarez-Rodriguez
continued by posing further questions to Budget Director Andrews concerning the use and
application of the “overlay account”.
Upon being granted the floor, Councilor Frechette, discussed the budget process
occurring for FY ‘08 and recounted how the Administration failed to work in cooperation
with the Council Members causing mixed feelings about the genuineness of the current
situation. Questions were posed to Director Andrews about the 1.6 million dollars and
whether it was still available to balance the budget from the School Department Reserve
fund. Councilor Frechette discussed the impact that the failure to approve a rate to the levy
limit would have upon the City. He stated that he has some difficulty addressing this matter
fairly.
Council President Blanchette asked Director Andrews if the Mayor has any intentions
of attending the meeting this evening. Director Andrews stated that the matter was not
directly addressed to the Mayor and that there was a death in the family and not likely to
appear this evening.
486
Upon being granted the floor, Councilor Parolisi posed questions to Assistant
Assessor Vega about the tax relief the assessor may apply upon the request of a
taxpayer/homeowner. Assistant Assessor Vega stated that the abatement process is available
or other professional comparative value process may be used.
Upon being granted the floor, Councilor Parolisi posed questions to Director Andrews
concerning the Administration’s position if the tax factor were not approved.
Director Andrews discussed various means of approaching the budget shortfall.
Upon being granted the floor, Councilor Kolofoles commented that the budget has
not been properly approved over the past six years. He posed questions about a possible
State take-over of the City Of Lawrence.
[Councilor Alvarez-Rodriguez presented a motion to conduct Council business past
10:00 p.m. which was duly seconded by Councilor Silva and unanimously approved by
the Council Members present]
Upon continuing Councilor Kolofoles discussed the abatement process and the
manner which a taxpayer may make it available. He posed questions to Director Andrews
about the collection rate on the personal property tax. Councilor Kolofoles posed questions
to Director Andrews about a reduction of $250K for each the Fire and Police Departments.
Councilor Kolofoles commented that he cannot see an approval of a tax factor this evening.
He commented further that a tax rate cannot be set if the budget isn’t balanced. Director
Andrews emphasized that it would be necessary to approve the tax factor presented.
Upon being granted the floor, Councilor DiMarca stated that he believes the solution
to the City’s revenue problems rest with the sale of water processed by the City which could
amount to approximately 252 million dollars. He emphasized that duplication of effort
487
should also be eliminated and consolidation of services were necessary to avoid financial
waste.
Council President Blanchette stated that the submission of the tax rate proposal
appeared to also contain a new request for appropriation approval. He suggested that it may
be appropriate to table the matter to determine if some further discussion may result in
resolution of what may be a procedurally improper presentment.
Upon being recognized Councilor Parolisi suggested that the vote be called.
presented by Councilor Parolisi, as seconded by Councilor Frechette, the Council Members
present defeated the motion to approve the FY 2008 Tax Classification Factor as follows. 3YES; 6-NO
Upon being recognized Councilor Alvarez-Rodriguez asked to be excused from the
meeting and left the Council Chamber. She thanked Councilor Frechette for the time worked
488
together and wished everyone a Merry Christmas and Happy Holidays. Councilor Frechette
thanked Councilor Alvarez-Rodriguez and praised her for her ability and hard work.
VII. PUBLIC HEARINGS:
Doc. 298/07: National Grid and Verizon, New England, Inc. – request permission to
locate poles, wires and fixtures on Shawsheen Road –hearing held - Approved
Council Members.
presented by Councilor Kolofoles, as seconded by Councilor Frechette, the Council Members
Doc. 299/07: National Grid –request permission to place underground electric conduits
on Concord St.-hearing held – Approved
489
Council Members.
presented by Councilor Kolofoles, as seconded by Councilor Frechette, the Council Members
VIII: COMMUNICATION FROM MAYOR, CITY OFFICIALS & CITY
ATTORNEY: - None
IX. COMMITTEE REPORTS:
Councilor Frechette presented a motion to take document #309/07 out of the order
Doc. 309/07: Bagel Boy TIF and EOA applications for 485 South Union Street – Frank
O’Connor, Jr. - Economic Development Officer – Approved
report of the Budget and Finance Committee to refer the matter to the full City Council
490
without a recommendation. The report was presented in the form of a motion and seconded
by Frechette.
Upon being recognized Councilor Kolofoles stated he’s in favor of the proposed
T.I.F. Councilor Kolofoles presented a motion to approve the item as seconded by
Councilor DiMarca and the Council Members present voted to approve Bagel Boy TIF and
EOA applications for 485 South Union Street, Lawrence, MA as follows. 7-YES;
1-NO; 1-ABSENT
Councilor Alvarez-Rodriguez - Absent
Councilor Silva presented a motion to take document #312/07 out of the order
Doc. 312/07: Appointment – Zoning Board of Appeals – Frank Campos – Pers.
from the Personnel Committed in the form of a motion to disapprove the appointment of
Frank Campos to the Zoning Board of Appeals, which was seconded by Councilor DiMarca.
491
Upon being granted the floor, Councilor DiMarca stated that the hiring process has
not been followed and that was the reason for the recommendation for disapproval.
Upon being granted the floor, Councilor Silva stated that recommendations must be
presented by the Mayor. She read a letter from Mayor Sullivan in response to the Personnel
Committee inquiry about the form of recommendations.
Upon being granted the floor, Councilor Parolisi stated that although there may be an
issue of process that may not be appropriate it would be unfair to hold up the appointment of
Mr. Campos.
Council President Blanchette stated he agrees that Mr. Campos should be appointed
and the matter should proceed.
Upon being granted the floor, Councilor Frechette agreed with Council President
Blanchette.
Upon being granted the floor, Councilor Silva stated that although both applicants are
well qualified, the Council should follow the recommended process.
Upon no further comment, discussion or inquiry Council President Blanchette called
the motion to disapprove the appointment to the attention of the Council Members present.
Upon roll call vote of the Council Members present the motion to disapprove failed as
follows. 8-NO; 1-ABSENT
492
Councilor Frechette –No
Upon being recognized Councilor Frechette presented a motion to approve the
appointment of Frank Campos to the Zoning Board of Appeals. The motion was seconded by
Councilor Parolisi.
Upon being granted the floor, Councilor Kolofoles posed questions to the applicant.
Councilor Alvarez-Rodriguez - Absent
Doc. 313/07: Appointment – Zoning Board of Appeals – Kemal Bozkurt – Pers. Comm.
– Approved
from the Personnel Committed in the form of a motion to disapprove the appointment of
Kemal Bozkurt to the Zoning Board of Appeals, which was seconded by Councilor
Kolofoles. Councilor Kolofoles withdrew his second and motion fails for lack of a second.
493
[11:00 PM: COUNCILOR PAROLISI PRESENTED A MOTION TO
COUNCILOR SILVA AND APPROVED UNANIMOUSLY [8-0]
BY VOTE OF THE COUNCIL MEMBERS PRESENT]
Upon being recognized Councilor Parolisi presented a motion to approve the item,
and the motion was seconded by Councilor Silva.
Upon being granted the floor, Councilor Kolofoles posed questions to the applicant
regarding zoning process and procedures.
Upon vote of the Council Members present, the motion to approve Kemal Bozkurt to the
Zoning Board of Appeals was unanimously [8-0] approved by the Council Members present.
Doc. 51/07: Public Participation – request increase time limits – Committee of the
Whole – Approved
At the request of Council President Blanchette, Councilor Frechette presented the
report of the Committee on the Whole to approve the measure. Councilor Gossselin
seconded the motion and the Council Members present voted unanimously [8-0] to increase
the public participation time from 2 minutes to 2 ½ minutes.
Doc. 305/07: Appropriation Transfer - Snow and Sanding –MGL Chapter 44, Section
31D – Frank McCann, Jr. Department of Public Works Director – Approved
report of the Budget and Finance Committee to approve the measure. Councilor DiMarca
seconded the motion and the Council Members present voted unanimously [8-0] to approve
494
the appropriation transfer –snow and sanding, Department of Public Works Director, Frank
McCann, Jr.
X. WITHDRAWALS:
Council President Blanchette granted Councilor Frechette the floor for the purpose of
presenting matters concerning the withdrawal of pending matters before the Committee on
the Whole. Councilor Frechette moved to present the matters listed below in “block” form
for withdrawal from the Council agenda. The motion was seconded by Councilor Kolofoles
and Council Members present voted unanimously [8-0] to withdraw the following matters
Doc. 52/07: Independent Financial & Management Audit
Committee of the Whole Withdrawn
Doc. 201/07: City Wide Survey – Committee of the Whole – Withdrawn
Doc. 231/07: Lawrence Pop Warner – Committee of the Whole – Withdrawn
XI. TABLED MATTERS:
60/06
128/06
367/06
46/07
14/07
34/07
288/07
13/06
281/07
123/06
124/07
Comprehensive Technical Corrections Plan FY 2008 – Recap – B & F Comm.
Residency Requirement – revisiting – Ord.Comm.
Parking – Orchard St. – Ord. Comm.
XII. NEW BUSINESS:
495
316/07
317/07
318/07
320/07
Skate Park and Handball Court – at Costello Park – very much needed for south side –
Counc. Gosselin – Ref. to Ord.
Taxi Licenses – renewals – Sgt. Melix Bonilla, Lawrence Police Dept. – Ref. to Ord.
Handicapped Parking – 26-30 Bailey Street – Denise Estell – Ref. to Ord.
CORI checks for all applicants seeking nomination papers to run for any officeCouncilors Gosselin and DiMarca – Ref. to Cmt. on the Whole
ITEMS ADDED DURING MEETING
Committee Reports
305/07
309/07
Appropriation Transfer - Snow and Sanding –MGL Chapter 44, Section 31D – Frank
McCann, Jr.Department of Public Works Director – Approved [see above]
Bagel Boy TIF and EOA applications for 485 South Union Street – Frank O’Connor, Jr.Economic Development Officer – Approved [see above]
Upon being recognized Councilor Silva commented upon the re-submission of an
item [see #320/07] previously submitted. Council President Blanchette explained that the
prior matter was withdrawn [#344/06].
Upon being recognized Councilor Kolofoles suggested the matter be sent to the City
Attorney to review the matter with a question to determine its constitutionality.
Doc.164/06: Fee Structure – various departments – review and consideration changes –
hearing held – Approved- [30 Days waived-defeated]
Council President Blanchette informed the Council Members present that Doc.
164/06 was passed without an emergency.
Upon being recognized Councilor Parolisi 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 Frechette.
496
Councilor Kolofoles stated he believes the matter is not an emergency.
Upon vote of the Council Members present, the motion to waive any applicable thirty (30)
day waiting period pursuant to section 3.8(a) of the City Charter was defeated by the Council
Members present as follows. 4-YES; 4-NO; 1-ABSENT
Councilor Alvarez-Rodriguez – ABSENT
Doc. 164/06: 30 day waiver- Defeated
XIII. ADJOURNMENT:
Upon Motion of Councilor Parolisi duly seconded by Councilor Kolofoles, the
ADJOURNED
(12:42p.m.)
Attest:
William J. Maloney
City Clerk

2007 Council Mins

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