IN CITY COUNCIL

TUESDAY OCTOBER 4, 2005

TIME 6:33PM

Roll call showed 9 present.

Mayor A. Mercier presiding.

Prior to the beginning of the meeting, a Moment of silence was observed for Mary Gendron, Mother of Former City Councillor Steve Gendron and for Barbara Richardson, Wife of Raymond Richardson and Mother of Kelly Richardson, both of who passed away recently.

CITY CLERK

Minutes of September 27th for acceptance. In Council, Read, accepted and placed on file by motion of C. Caulfield, seconded by C. Howe. So voted.

CITY MANAGER

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

Communication-From City Manager providing the Council with a copy of the Police Patrolman's Contract, specifically as it relates to the 4 and 4 work schedule. In Council, Read and after considerable discussion, C. Martin moved, seconded by C. Milinazzo “To accept the communication and place it on file”. So voted. C. Caulfield then moved, seconded by C. Howe “To Suspend the Rules in order to take action on the proposal this evening”. So voted.

C. Donoghue then moved, seconded by C. Elliott “To defeat the proposal on the Police Patrolman's Contract as it relates to the 4 On and 4 Off Work Schedule as it has been presented”. In Council, under Suspension of Rules read and motion approved 9 yeas. So voted.

Speaking in favor of the proposal were:

Robert Atkinson Downtown Business Owner

Timothy Golden 132 Mt. Grove St.

John Boutselis President Local 382, Patrolman's Union

Communication-From Planning Board recommendation on the petition to extend the NB Zone 268-276 Westford Street. In Council, Recommendation read, accepted and placed on file and Ordinance given 1st reading and hearing ordered for 7PM on October 25, 2005. So voted.

Appointments-To the Neighborhood District Committees, Marie Frank and Kevin Cavanaugh to the Tyler Park Committee. In Council, Read, accepted and placed on file. So voted.

$56,500 Parks, S&W Permanent from Parks. S&W Permanent & Managers Contingency. In Council, Read twice and adopted 9 yeas. So voted.

C. Broderick then moved, seconded by C. Elliott “To Suspend the Rules”. So voted.

Communication-From the City Manager requesting appointment of James Kennedy, CFO as Acting City Manager from October 5th to October 9th. In Council, under Suspension of Rules, Read and approved on roll call vote 9 yeas. So voted.

REPORTS

C. Milinazzo, Chairman of the Economic Development and Downtown Sub/Committee said the met this evening relative to the Manager's submission of a vote to enter into a Purchase & Sale Agreement with James Lichoulas for property located in the JAM Plan area. C. Milinazzo said after meeting with the DPD and the Administration, the Committee agreed to request additional information from the City Manager prior to action on the vote.

Recommendations of the Committee adopted on motion of C. Donoghue, seconded by C. Martin. So voted.

At this point, Mayor A. Mercier said the Council had received a communication relative to the DOJ Investigation and the Law Enforcement Trust Fund and asked for a Suspension of Rules to allow the communication to be forwarded to the proper Sub/Committees.

C. Caulfield moved, seconded by C. Donoghue “To Suspend the Rules and refer the Communication to the Public Safety and Finance Sub/Committees for a report and recommendation”. So voted.

PETITIONS

Misc.-Amercian & Hispanic Convenience Store 10 Concord Street requesting 15 minute parking in front of the store. In Council, Read and referred to the Traffic Engineer. So voted.

Claims-There was 1 claim for personal injury, which was read and referred to the Law Department. So voted.

MOTIONS

BY C. CAULFIELD/C. R. MERCIER, seconded by C. Elliott

“Request the City Manager to have the Traffic Division conduct a traffic study in the areas of the Bailey School and the Daley School”. 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 meet with the business owners along University to develop a parking agreement for leasing spaces in the Gardner Avenue Lot, similar to the downtown businesses”. In Council, Referred to the City Manager. So voted.

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

“Request the City Manager find ways and means of installing sidewalks on Westchester Street and Fleming Street for the safety of the children attending the Bailey School and the Daley School”. In Council, Referred to the City Manager. So voted.

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

“Request the City Manager have the Parking Authority suspend all collections in the John Street, Market Street and Ayotte Garages on Sunday's between the hours of 6:00 AM to 2:00 PM to allow the citizens of Lowell to attend religious services”. In Council, Referred to the City Manager. So voted.

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

“Request the City Council receive a report from CDM and it's Chief Officer John F. Donovan regarding the design of Phase II Warren Street CSO Project, included in the report:

In Council, Read and referred to the City Manager. So voted.

At 8:20 PM, C. Donoghue moved, seconded by C. Elliott “To Adjourn”. So voted.

Adjourned

Richard C. Johnson

City Clerk