LOWELL CITY COUNCIL

REGULAR MEETING

TUESDAY DECEMBER 13, 2011

CITY HALL, CITY COUNCIL CHAMBER

TIME 6:35 PM

Roll call showed 8 present. Councilor Caulfield absent.

Mayor Milinazzo presiding.

Prior to the meeting, at Councilor Descoteaux' request, a Moment of Silence in a darkened chamber was observed for William Mark Regan.

CITY CLERK

Motion by C. Elliott, seconded by C. Broderick, to accept minutes of December 6th, Neighborhood/Traffic SC December 6th, Special Meeting Interviews November 30th, Special Meeting Interviews December 1st for acceptance. 8 yeas. 1 absent. So voted.

UNFINISHED BUSINESS

Vote - Accept sections 21, 22 and 23 as provided in sec. 21(a) of MGL Chapter 32B, as amended. Motion by C. Broderick, seconded by C. Elliott to delay Vote until December 20, 2011. 8 yeas, 1 absent. (C. Caulfield)

Vote to Appoint Michael Q. Geary as City Clerk for a 3 year term effective 12/19/11 at a salary of $80,354.70 which is Step 7 on Tier System Ordinance for Dept. Heads and Confidential employees. C. Mendonça said he has nothing against the appointment, but wanted it noted for the record that he can't support the salary at the top end of the published scale because it is essentially what the previous Clerk was making with more than 20 years' experience. C. Martin said it is also important to note that, during the interview process, it was made clear that the Clerk was not going to accept outside fees for marriages that occurred at City Hall on City time so it actually may be less compensation than prior Clerk was making. C. Mercier said she understands the point that C. Mendonça is making about a salary someone worked 30 years to achieve, and she would not have supported that higher end of the salary. She said she is making it perfectly clear that she is supporting the higher end of salary only because of the fact that the incoming Clerk is not going to take compensation from marriages. That could amount to an additional $7000 to $10,000 a year so she is going to accept the salary as presented. C. Elliott asked the Mayor what the advertised pay range was and the Mayor said he believed it was $69,000 up to this $80,000+ figure. Motion to appoint Michael Q. Geary as City Clerk under the agreed terms by C. Elliott, seconded by C. Martin. Roll Call. 7 yeas, 1 no (C. Mendonça), 1 absent (C. Caulfield.) So voted.

CITY MANAGER

Communication - From City Manager Responses to City Council Motions and Requests. Motion by C. Mercier, seconded by C. Murphy, to accept communication and place on file. In response to C. Murphy's inquiry, Manager Lynch said the strategic goals process would begin when the new City Council takes office. At that time, they would be making a full presentation on this as well as start discussions about next year's goals and objectives. C. Martin discussed the draft of the City Master Plan revisions and said he would like to start the process of presenting it to the appropriate subcommittee for adoption. C. Elliott said there was a lot of useful information in the draft and thought the public would be interested when it's in final form. Asst. City Manager Adam Baacke spoke regarding the Master Plan revisions and acknowledged, in particular, the efforts of Neighborhood Planner, Allegra Williams and Associate Planner, Aaron. Mr. Baacke also referred to the public opinion research and existing conditions report. He said when a new plan is drafted, they would like to meet with the appropriate subcommittee. C. Elliott asked the cost of the telephone survey and Mr. Baacke didn't remember exact figure but said it was considerably less than what the City paid for a similar survey in 2001-2002. The 800 household telephone survey was conducted in 4 different languages to get a demographic as well as geographic sample of the community on what issues people think are important in general and how the City is handling them. C. Elliott said he thought the survey was very broad and comprehensive. C. Mendonça said he is looking forward to this being forwarded to a subcommittee, with a presentation highlighting what the changes are. Motion by C. Mendonça, seconded by C. Elliott to refer the Master Plan reports be referred to the Zoning Subcommittee for a presentation. 8 yeas, so voted. Motion to accept communication and place on file by C. Mercier, seconded by. C. Murphy. 8 yeas, 1 absent. So voted.

Communication - From City Manager, request approval Out of State Travel (1) LPD. Motion for approval by C. Mercier, seconded by C. Descoteaux. Roll call. 8 yeas, 1 absent (C. Caulfield.) So voted.

Order - 60 Day Trial (Cheryl Lee Lane). Motion for approval by C. Mendonça, seconded by C. Martin. Roll call. 8 yeas, 1 absent (C. Caulfield.) So voted.

Vote - Accept Easement from Lowell Mammoth Development, LLC. Motion for approval C. Martin, seconded by C. Broderick.. Roll call. 8 yeas, 1 absent (C. Caulfield.) So voted.

Vote - Approve and Authorize the City Manager to execute Easement to Lowell Mammoth Development, LLC. Mark Goldman, 58 Oakland St., Lowell MA, spoke in favor. Motion for approval by C. Elliott, seconded by C. Mercier. Roll call. 8 yeas, 1 absent (C. Caulfield.) So voted.

Vote - Accept gift ($200.00 Mayor's Holiday Reception) from Lowell Plan, Inc. Motion for approval by C. Descoteaux, seconded by C. Murphy. Roll call. 8 yeas, 1 absent (C. Caulfield.) So voted.

Ordinance - Amend Ch 150 Fees (Reserved Dwelling Parking Spaces). Motion for approval by C. Broderick, seconded by C. Mendonça. 8 yeas, 1 absent (C. Caulfield.), REFERRED TO Public Hearing 01/10/2012.

GENERAL PUBLIC HEARINGS

Vote - Authorize City Manager approve sewer hookup (190 Middlesex St.) and further Authorize City Manager execute Settlement Agreement.

7:00 Public Hearing opened. The City Manager asked the City Council to approve the settlement agreement. Attorney Philip S. Nyman, 385 Gorham Street, Lowell MA, addressed the Council on behalf of petitioners Joseph and Linda DaSilva, of J&L Cable, 190 Middlesex St., Chelmsford. Petitioners have been tied into the City's sewer system since 2009. Attorney Nyman said they are prepared to pay the City $15,000 for the privilege of tying-in to the City's sewer system. In addition, they are prepared to pay the City a tie-in fee of approximately $3500, and outstanding sewer charges of approximately $2500-$3000. They will be responsible for maintaining the system. Petitioners' application to the City Engineer was turned down and City Engineer said they should go before City Council. Attorney Nyman said this is something that has been done before and that this would be a benefit to the City as well as the 40 or 50 Lowell persons who have a job with the company. He asked the Council to approve the tie-in and authorize the Manager to execute the agreement. Mark Goldman, 58 Oakland St., Lowell also spoke in favor. No speakers in opposition and public hearing closed. C. Mendonça said he wants to settle this and the petitioners had nothing to do with the original problem but he still has a problem with the way this was done. He believes the City Engineer's determination was and still is correct and he has objections to that appeal process. C. Mercier said in her 16 years as a Councilor, nobody from neighboring town has ever been denied a tie-in and she takes exception to the way this happened. C. Martin said it is his understanding and the City Manager confirmed that this is the standard appeal process - that the denial is an administrative requirement before getting a hearing before the Council. Motion for approval by C. Mercier, seconded by C. Elliott. Roll call. 7 yeas, 1 no (C. Mendonça), 1 absent (C. Caulfield). So voted.

Ordinance - Amend “s 266-85. Reserved dwelling parking space. C. Martin said this represents a radical change and public education is needed. C. Murphy indicated that changes would not take effect until 7/1/2012.

Motion for approval by C. Martin, seconded by C. Mercier. 8 yeas, 1 absent (C. Caulfield), REFERRED TO Public Hearing 01/10/2012.

Vote - To endorse NMCOG's Regional Strategic Plan. NMCOG Executive Director, Beverly Woods provided a video presentation and addressed the Council as to the various issues in the Regional Strategic Plan. Mark Goldman also spoke in favor.

Among issues Councilors discussed were pressing need to alleviate traffic congestion by having more capacity across the river, with Wood Street and the Rourke Bridge being a key traffic problem. Manager Lynch said that bridges are a major issue in the City. Ms. Woods said they hope to have a study on bridge traffic within the next 12 to 14 months. Motion for approval C. Mercier, seconded by C. Descoteaux. Roll call. 8 yeas, 1 absent (C. Caulfield), So voted.

Vote - Supplemental appropriation $100,000 to Police Overtime Acct. C. Broderick requested a report on how last year's money was used. Motion for approval C. Broderick, seconded by C. Martin. Roll call. 8 yeas, 1 absent (C. Caulfield), so voted.

Vote - Supplemental appropriation of $500,000 to Snow & Ice Acct. Motion for approval C. Mendonça, seconded by C. Descoteaux. Roll call. 8 yeas, 1 absent (C. Caulfield), so voted.

Vote - Approved amending the Tax Increment Financing Agreement and plan by replacing Sheila R.E. Investments, LLC with Sheila R.E. Ventures, LLC. Motion for approval C. Mendonça, seconded by C. Broderick. Roll call. 8 yeas, 1 absent (C. Caulfield), so voted.

Ordinance - Amend Ch 150 Fees (snow removal tow during or as result of Snow Emergency). Motion for approval C. Broderick, seconded by C. Mercier. Roll call. 8 yeas, 1 absent (C. Caulfield), so voted. REFERRED TO Public Hearing 1/10/2012.

GENERAL PETITIONS

18. Claims (1) claim for property damage. Motion to refer to Law Dept. by C. Mercier, seconded by C. Martin. 8 yeas, 1 absent (C.Caulfield). So voted.

MOTIONS

BY C. BRODERICK, seconded by C. Murphy

"Request City Manager meet with all potential participants to achieve successful implementation city wide of the Darkness to Light child abuse prevention program." C. Councilors discussed having a training program to help train people to prevent child abuse. City Manager Lynch said this is a worthwhile cause and is consistent with other programs the City has to address these issues. 8 yeas, 1 absent (C. Caulfield). So Voted.

7:54 p.m., Motion to Adjourn by Councilor Elliott, seconded by Councilor Martin. 8 yeas, 1 absent (C. Caulfield.). So Voted.

Adjourned.

Robert E. Slagle

Acting City Clerk