IN CITY COUNCIL

TUESDAY SEPTEMBER 27, 2005

TIME 6:34PM

Roll call showed 9 present.

Mayor A. Mercier presiding.

Prior to the beginning of the meeting, a Moment of Silence was observed in a darkened chamber for Sophie Malavich, Donna Dunfey Downes and Julia Callery, all of who passed away recently.

CITY CLERK

Minutes of September 13th for acceptance. In Council, Read, accepted and placed on file by motion of C. Milinazzo, seconded by C. Donoghue. So voted.

CITY MANAGER

Personnel Sub/Committee-Annual Performance Evaluation of the City Manager. In Council and C. Caulfield, Chairman of the Personnel Sub/Committee, said they had met relative to the Evaluation and in accordance with the Ordinance, the recommended the item be placed on the Agenda for this evening meeting and asked his colleagues to participate in the Evaluation.

Mayor A. Mercier then informed the Council that, in accordance with the Ordinance, Councillor could either participate by providing a written evaluation or a verbal evaluation. He also informed the Council that the City Clerk had received one written evaluation, that being from Councillor Howe. Mayor A. Mercier then said the Council, in order of this evening's roll call, would be called upon to submit their evaluation.

The Evaluation Process then commenced, at the conclusion of which the results were announced:

M. A. Mercier Commendable

C. R. Mercier Commendable

C. Milinazzo Satisfactory

C. Broderick Commendable

C. Caulfield Commendable

C. Donoghue Commendable

C. Elliott Commendable

C. Howe Unsatisfactory

C. Martin Commendable

1 Unsatisfactory, 1 Satisfactory, 7 Commendable.

M. A. Mercier said having received the necessary 5 of more commendable ratings, the City Manager would move to the next pay grade.

C. Elliott then moved, seconded by C. Caulfield “To Suspend the Rules in order to bring in the Vote to increase the City Manager's Salary”. So voted.

Vote-To establish the salary after the annual performance review of the City Manager, as per Ordinance. In Council, under Suspension of Rules, read twice and adopted 7 yeas, 2 nays (C. Milinazzo, C. Howe). So voted.

Communication-From City Manager requesting approval of Out of State Travel. In Council, Read and approved on roll call vote 9 yeas. So voted.

Order-60 Day Trial, Traffic Regulations, various locations. In Council, Read twice and adopted 9 yeas. So voted.

Appointment-Dr. David Lewis to the Hunger Homeless Commission. In Council, Read, accepted and placed on file. So voted.

Appointments-To the Neighborhood District Committees. In Council, Read accepted and placed on file. So voted.

Ordinance-Chapter 13, Motor Vehicles and Traffic, Quarterly Ordinance. In Council, Read and hearing ordered for 7PM on October 11th. So voted.

Vote-Authorize the City Manager to enter into a lease agreement with J&I Restaurant (Fortunato's) for sidewalk seating. In Council, Read twice and adopted 9 yeas. So voted.

Vote-Authorize the City Manager to enter into a License Agreement with Barreira&Bernardo (IV Season's Restaurant) for sidewalk seating. In Council, Read twice and adopted 9 yeas. So voted.

Ordinance-Amending the Code of Ordinances Appendix A, entitled Zoning. In Council, Read and referred to the Planning Board for a report and recommendation. So voted.

Vote-The City Council adopt the recommendations of the Board of Parks as it relates to the placement of concession stands at the Edwards Street Soccer Field. In Council, Read twice and adopted 9 yeas. So voted.

Order-Dedicate the corner of West Meadow Road and Varnum Avenue as the McNeil Brothers Memorial. In Council, Read twice and adopted 9 yeas. So voted.

REPORTS

C. Milinazzo, Chairman of the Economic Development and Downtown Sub/Committee said they met this evening regarding to the Vote, which had been forwarded to the Committee relative to the surplus of land known as River Place. C. Milinazzo said after meeting with the Division of Planning & Development and City Administration, the Committee agreed to recommend approval of the Vote.

Mayor A. Mercier then read the Vote.

Vote-To Declare surplus, the properties located at 100, 152 & 174 River Place and seek proposals under Chapter 30B. In Council, Under Sub/Committee Reports, Given 2nd reading and adopted 9 yeas. So voted.

C. Caulfield, Chairman of the Cable TV Issues AD/HOC Committee said they met this evening relative to the Resolution re: Senate Bill #1504. C. Caulfield said after meeting with Asst. Solicitor Fenton, Cable TV Coordinator Jack Hall, the Committee recommended approval of the Resolution.

Mayor A. Mercier then read the Resolution

Resolution-Opposing the passage of Senate Bill #1504 the Broadband Investment and Consumer Choice Act of 2005. In Council, Under Sub/Committee Reports, read and adopted on roll call vote 9 yeas. So voted.

PETITIONS

Claims-There was 4 claims, 1 personal injury and 3 property damage, which were read and referred to the Law Department. So voted.

Conduit Loc.-Mass. Electric Co. requesting 60ft conduit in Seneca Street. In Council, Read and hearing ordered for 7pm on October 4th. So voted.

Misc.-Daniel Couture-Request City paint crosswalks on Fletcher and South Streets. In Council, Referred to the City Manager. So voted.

1UOLStore 211 Fletcher Street-Request 15 Minute Parking in front of store. In Council, Referred to the Traffic Engineer. So voted.

Computer Bargain 1 Gallagher Square-Request 15 Minute Parking in front of store. In Council, Referred to the Traffic Engineer. So voted.

There were 3 requests for Handicap Parking Signs-In Council read and referred to the Traffic Engineer for a report and recommendation. So voted.

MOTIONS

BY C. DONOGHUE, seconded by C. Caulfield

“Request the Public Safety Sub/Committee receive the Gang Summit Report and Recommendations”. In Council, Referred to the Public Safety Sub/Committee. So voted.

BY C. DONOGHUE, seconded by C. Elliott

“Request the City Council receive a report on the revenues/expenditures of the City Garages”. In Council, Referred to the City Manager and to the Finance Sub/Committee . So voted.

BY C. DONOGHUE, seconded by C. Howe

“Request the City Manager have the Law Department report on the status of the Law Enforcement Trust Fund/Department of Justice Investigations”. In Council, Referred to the City Manager. So voted.

BY C. MARTIN, seconded by C. R. Mercier

“Request the City Manager report on the status of the buildings adjacent to the Lawrence Mills Site”. In Council, Referred to the City Manager. So voted.

BY C. CAULFIELD, seconded by C. R. Mercier

“Request the City Manager report on the possibility of the Board of Assessors holding Seminars with respect to the filing and qualification for Abatements and Overvaluations”. In Council, Referred to the City Manager. So voted.

BY C. CAULFIELD, Seconded by C. Broderick

“Request the City Manager have the Law Department draw the proper vote to name the corner of Princeton Boulevard and South Canton Street for the Coulouras Brothers”. In Council, Referred to the City Manager. So voted.

BY C. R. MERCIER, seconded by C. Broderick

“Request the City Manager have the Parks Department take the necessary action to name the park at Arcand Drive and Father Morisette Boulevard for Colleen Creegan”. In Council, Referred to the City Manager. So voted.

BY C. R. MERCIER, seconded by C. Broderick

“Request the City Manager contact the State relative to placing guardrails at 492-494 Gorham Street”. In Council, Referred to the City Manager. So voted.

BY C. R. MERCIER, seconded by C. Milinazzo

“Request the City Manager have the proper department install sidewalks at 492-494 Gorham Street”. In Council, Referred to the City Manager. So voted.

C. R. MERCIER, seconded by C. Martin

“Request the City Manager have the traffic department make safe the end of Lane Street at Liberty Street”. In Council, Referred to the City Manager. So voted.

BY C. R. MERCIER, seconded by C. Caulfield

“Request the City Manager update the City Council on the Gang Summit Booklet for the Public informing them of Youth Activities”. In Council, Referred to the City Manager. So voted.

BY C. BRODERICK, seconded by C. Elliott

“Request the City Manager have the Law Department draw the proper vote to name the corner of Wannalancit Street and West Bowers Street for the Psareas Family”. In Council, Referred to the City Manager. So voted.

BY C. HOWE, seconded by C. Caulfield

“Request the City Manager have the Lowell Regional Transit Authority review their present transportation arrangements, especially as it relates to elderly citizens”. In Council, Referred to the City Manager. So voted.

BY C. ELLIOTT, seconded by C. R. Mercier

“Request the City Manager have the Law Department issue an opinion on the definition of a Two Family Dwelling in a TTF Zone”. In Council, Referred to the City Manager. So voted.

BY C. ELLIOTT, seconded by C. R. Mercier

“Request the City Manager report on the status of hiring a physician for the investigation of Workman Compensation Cases”. In Council, Referred to the City Manager. So voted.

BY C. ELLIOTT, seconded by C. R. Mercier

“Request the City Manager have the Police Chief report on the shooting in Belvidere on Fort Hill Avenue”. In Council, Referred to the City Manager. So voted.

BY C. ELLIOTT, seconded by C. Caulfield, amended by C. Donoghue

“Request the City Auditor update the City Council on the status of the Certification of Free Cash for the purposes of setting a Tax Rate”. In Council, amended by C. Donoghue “That the City Auditor be directed to complete the necessary work in order to proceed with the certification process on one week, or in the alternative, provide a detailed report as to the reasons why such work has not been completed”. In Council, Referred to the Auditor, as amended.

BY M. A. MERCIER, seconded by C. Eliott

“Request the City Manager have the Parks Department work with the boy's Club to take the necessary steps for a proper dedication for William “Bill” Lapointe”. In Council, Referred to the City Manager. So voted.

At 9:13 PM, C. Broderick moved, seconded by C. Milinazzo “To Adjourn”. So voted.

Adjourned

Richard C. Johnson

City Clerk