IN CITY COUNCIL

REGULAR MEETING

TUESDAY JULY 13, 2010

TIME 6:36PM

Roll call showed 9 present

Mayor Milinazzo presiding

Prior to the beginning of the meeting, a Moment of Silence, in a darkened chamber, was observed for Joseph Maguire, Frederick Greathead, Joseph McNamara and all of those who have passed away since the last City Council Meeting.

Recognition-Eastern Bank for raising funds to help keep the pools open for the summer season.

Mayor Milinazzo then read the vote authorizing the acceptance of the gift.

Vote-Authorizing the City Manager to accept a gift from Eastern Bank for the purpose of assisting in keeping the pools open for the simmer season. In Council, Read twice and adopted 9 yeas. So voted.

Citation-Mayor Milinazzo read a Citation, recognizing Stepping Stones as a new business in the City of Lowell.

CITY CLERK

Minutes of June 22nd for acceptance. In Council, Read, accepted and placed on file by motion of C. Caulfield, seconded by C. Elliott. So voted.

C. Mendonca corrected for the record, the amount of the Loan Order for the repair of the Rogers School Roof, which should have read $730,000.00. So recorded.

PUBLIC HEARINGS (Scheduled for 7PM)

Ordinance-Deleting/Abolishing and amending the compensation of employees all consistent with the Fiscal 2011 City Budget adopted by the City Council. In Council, Given 2nd reading and hearing held. No Remonstrants. Hearing closed. After discussion and debate, Ordinance adopted on roll call vote 7 yeas, 2 nays (C. Caulfield, C. Elliott). So voted.

Prior to adoption, C. Broderick, Chairman of the Personnel Sub/Committee stated for the record, that as a result of the most recent favorable Performance Evaluation of the City Auditor and City Clerk, they be included in the Employee Grid.

Vote-To notify owners of certain properties of Demolition. Prior to Council action, City Solicitor Christine O'Connor informed the Council that the properties located at 129 Llewellyn Street and 51 Payne Street had been removed from the list. The remaining properties were the read:

220 Baldwin Street-City Solicitor O'Connor asked Acting Building Inspector David St.Hilaire to testify as to the condition of the building. Mr. St.Hilaire testified that the building was abandoned, dilapidated, open to the weather, dangerous to the public and in the opinion of the Building Department, should be demolished.

Mayor Milinazzo then read the Order:

Order-To notify the owner(s) and demolish the property located at 220 Baldwin Street Given 2nd reading and hearing held. No Remonstrants. Hearing closed. Adopted on roll call vote 9 yeas. So voted.

51 Payne Street- City Solicitor O'Connor asked Acting Building Inspector David St.Hilaire to testify as to the condition of the building. Mr. St.Hilaire testified that the building was abandoned, burned, dilapidated, open to the weather, dangerous to the public and in the opinion of the Building Department, should be demolished.

Mayor Milinazzo then read the Order:

Order-To notify the owner(s) and demolish the property located at 51 Payne Street. In Council, Given 2nd reading and hearing held. Speaking in opposition was Atty. John Daly, representing Lombardi Trust, owners of the property. Hearing closed.

After discussion and debate and the advice of the City Solicitor, C. Mercier moved, seconded by C. Martin “To approve the Order of Demolition and stay the service of the Order for a period of 30 days, subject to the owner meeting agreed upon conditions”. So voted 9 yeas.

11 South Whipple Street- City Solicitor O'Connor asked Acting Building Inspector David St.Hilaire to testify as to the condition of the building. Mr. St.Hilaire testified that the building was abandoned, burned, dilapidated, open to the weather, dangerous to the public and in the opinion of the Building Department, should be demolished.

Mayor Milinazzo the read the Order:

Order-To notify the owner(s) and demolish the property located at 11 South Whipple Street. In Council, Given 2nd reading and hearing held. An interested party requested the Council give time in order from the preparation of an assessment of the property. Hearing closed.

C. Elliott then moved, seconded by C. Caulfield “To approve the Order of Demolition and stay the service of the Order for a period of 30 days, subject to agreed upon conditions being met”. So voted, 9 yeas.

Loan Order-To borrow $7,343,000 for the Wastewater Treatment Plant. In Council, Given 2nd reading and hearing held. No Remonstrants. Mark Young, Executive Director of the Wastewater was present and spoke in favor of the borrowing order. Hearing closed.

After considerable discussion and debate Loan Order adopted on roll call vote 9 yeas. So voted.

Prior to action on the Loan Orders, C. Elliott, Chairman of the Finance Sub/Committee said they met this evening, discussed the Loan Order and after discussion, The Committee recommends Council approval.

Loan Order-To borrow $1,241,000 for Phase I, CSO Project. In Council, Given 2nd reading and hearing held. No Remonstrants. Mark Young, Executive Director of the Wastewater was present and spoke in favor of the borrowing order. Hearing closed.

After considerable discussion and debate Loan Order adopted on roll call vote 9 yeas. So voted.

Pole Location-National Grid to place 1 pole Lundberg Street. In Council, read and hearing held. No Remonstrants. Hearing closed.

Referred to the Wire Inspector on motion of C. Broderick, seconded by C. Caulfield. So voted.

Conduit Location-Greener Excavating 133 Clark Road for underground conduit. In Council, read and hearing held. Atty. Michael Geary spoke for the petitioner. No Remonstrants. Hearing closed.

Referred to the Wire Inspector on motion of C. Martin, seconded by C. Elliott. So voted.

CITY MANAGER

Communication-From City Manager, responses to Council Motions/Requests. In Council, accepted and placed on file. 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.

Appointment-Nancy Pitkin to Pollard Memorial Library Board of Trustees. In Council, Read and approved on roll call vote 8 yeas, 1 absent (C. Martin). So voted.

Loan Order-To borrow $700,000 for the repairs of LeLacheur Park. In Council, Given 1st reading and hearing ordered for 7PM on July 27th. So voted.

Vote-To amend the Sewer Agreement with Whitecliff Manor. In Council, Read twice and adopted 8 yeas, 1 absent (C. Martin). So voted.

Vote-To enter into a License Agreement with Commonwealth of Massachusetts, UMass Lowell for use of the fields for lighting fireworks. In Council, Read twice and adopted 9 yeas. So voted.

Vote-Approving a COOP Agreement with the Lowell Housing Authority. In Council, Read twice and adopted 9 yeas. So voted.

Vote-To execute a License Agreement with Commonwealth of Massachusetts through UMass Lowell relating to the CSO Project. In Council, Read twice and adopted 9 yeas. So voted.

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

Vote-To enter into License Agreement with Middle Street Village DBA/Village Smokehouse. In Council, Read twice and adopted 8 yeas, 1 absent (C. Descoteaux). So voted.

Vote-To enter into License Agreement with Cobblestones for sidewalk seating. . In Council, Read twice and adopted 8 yeas, 1 absent (C. Descoteaux). So voted.

Vote-To amend License Agreement with the Mambo Grill to extend outdoor seating. In Council, Read twice and adopted 8 yeas, 1 absent (C. Descoteaux). So voted.

Vote-To amend License Agreement with the Dubliner to extend outdoor seating. In Council, Read twice and adopted 8 yeas, 1 absent (C. Descoteaux). So voted.

Vote-To amend License Agreement with the blue Shamrock to extend outdoor seating. In Council, Read twice and adopted 8 yeas, 1 absent (C. Descoteaux). So voted.

Vote-To amend License Agreement with Fortunato's to extend outdoor seating. In Council, Read twice and adopted 8 yeas, 1 absent (C. Descoteaux). So voted.

Vote-To amend License Agreement with Middle Street Village to extend outdoor seating. In Council, Read twice and adopted 8 yeas, 1 absent (C. Descoteaux). So voted.

Vote-To amend License Agreement with Cobblestone's to extend outdoor seating. In Council, Read twice and adopted 8 yeas, 1 absent (C. Descoteaux). So voted.

Vote-To approve Limited Access Agreement with Albanese D&S Inc. In Council, Read twice and adopted 9 yeas. So voted.

At 10:03 PM, C. Mendonca moved, seconded by C. Mercier “To Suspend City Council Rule #5 and allow the meeting to continue beyond 10:00PM”. So voted.

Vote-Appropriation Transfers from various departments to snow and ice. In Council, Read twice and adopted 9 yeas. So voted.

Resolution-That the City Council support the National Park in their opposition of the place of a Crestgate System on the Pawtucket Dam. In Council, Read twice and adopted 9 yeas. So voted.

Vote-Accepting Chapter 26, Acts of 2010. In Council, Given 1st reading and hearing ordered for 7PM on July 27th. So voted.

PETITIONS

Claims-There was 3 claims, 1 personal injury, 2 for property damage, which were read and referred to the Law Department. So voted.

Pole loc.-National Grid request to place 1 pole on 1st Street Blvd and 1 pole on Westford Street. In Council read and hearing ordered for 7PM on July 27th. So voted.

MOTIONS

BY C. ELLIOTT, seconded by C. Mendonca

“Request the City Manager to report on the issues at the Grand Manor Condo Complex on Willard Street”. In Council, after considerable discussion, Referred to the City Manager to meet with the Association President relative to this issue. So voted.

BY C. ELLIOTT, seconded by C. Caulfield

“Request the City Manager to have the DPD look into permit process for driveway curb cuts”. In Council, Referred to the City Manager. So voted.

BY C. ELLIOTT, seconded by C. Mercier

“Request the City Manager to proved an update on the protocol for lock boxes for Nursing Homes”. In Council, Referred to the City Manager. So voted.

BY C. MERCIER, seconded by C. Caulfield

“Request the City Manager to report on the status of Micky Ward Circle on Industrial Avenue”. In Council, Referred to the City Manager. So voted.

BY C. MERCIER & C. CAULFIELD

“Request the City Manager report on the proposed Water Tower on Christian Hill”. In Council, Referred to the City Manager and the Neighborhood Sub/Committee. So voted.

BY C. MERCIER, seconded by C. Martin

“Request the City Manager have the proper department address the overgrowth issue behind 25 Willard Street”. In Council, Referred to the City Manager. So voted.

BY C. MERCIER, seconded by C. Elliott

“Request the City Manager have the Traffic Division address the parking issues on Cheryl Lee Lane”. In Council, Referred to the City Manager. So voted.

BY C. MENDONCA, seconded by C. Mercier

“Request the City Manager report on the status of the property located at 84 West Fourth Street”. In Council, Referred to the City Manager. So voted.

BY C. MURPHY, seconded by C. Mercier

“Request the City Manager explore the extension of recycling services to the Lowell Housing Authority”. In Council, Referred to the City Manager. So voted.

BY C. MURPHY, seconded by C. Broderick

“Request the City Manager to have the DPD review the Historic District Restriction when in conflict with energy efficiency retrofits”. In Council, Referred to the City Manager. So voted.

At 10:55 PM, C. Broderick moved, seconded by C. Mendonca “To Adjourn”. Sop voted.

Adjourned

Richard C. Johnson

City Clerk