IN CITY COUNCIL

REGULAR MEETING

CITY HALL, CITY COUNCIL CHAMBER

TUESDAY JANUARY 10, 2012

TIME 6:30PM

Roll call showed 9 present.

Mayor Murphy presiding.

Prior to the beginning of the meeting a Moment of Silence, in a darkened chamber, was observed for Joanne Roberts, who passed away recently by C. Lorrey.

CITY CLERK

Minutes of January 3rd, Inaugural minutes January 3rd for acceptance. In Council, Read, accepted and placed on file by Motion by C. Mendonca, seconded by C. Lorrey. So voted.

PUBLIC HEARING (Scheduled for 7PM)

Ordinance - Amend Ch. 150 Fees (snow removal tow during or as a result of snow emergency). In Council, Given 2nd reading. Motion by C. Mercier, seconded by C. Mendonca “To waive the full reading”. So voted. Hearing held. No Remonstrants. Hearing closed. Motion to Adopt by C. Mercier, seconded by C. Mendonca. Ordinance adopted on Roll Call vote 9 yeas. So voted.

Ordinance - Amend s. 266-85. Reserved dwelling parking space. In Council, Given 2nd reading. Motion by C. Broderick, seconded by C. Lorrey “To waive the full reading”. So voted. Hearing held. Speaking in Opposition: Heidi Miller, 24 Beacon St., Marie Brown, 380 Christian St. Hearing closed. C. Mendonca and C. Mercier outlined all of the work the sub committee had done on the matter and the work done with different groups. C. Kennedy, Broderick and Martin believed that the ordinance would be disruptive and not address the concerns of the people who would benefit from the ordinance. Rules were suspended to allow C. Kennedy to speak on the matter for a third time. Motion by C. Kennedy, seconded by C. Lorrey “To refer matter to the Transportation Sub Committee”. So voted.

Ordinance - Amend Ch. 150 Fees (Reserved Dwelling Parking Spaces). In Council, Given 2nd reading. Motion by C. Mendonca, seconded by C. Martin “To waive the full reading”. So voted. Discussion by C. Elliott for moving forward with the public hearing. Hearing held. Speaking in Opposition: Marie Brown 380 Christian Street. Hearing closed. Motion by C. Mendonca, seconded by C. Kennedy “To refer the matter to the Transportation Sub Committee”. So voted.

Ordinance -Create one Outreach Coordinator (grant funded) and establishing the salary therefore in the Police Department. In Council, Given 2nd reading. Motion by C. Broderick, seconded by C. Nuon “To waive the full reading”. So voted. Hearing held. No Remonstrants. Hearing closed. Motion to Adopt by C. Broderick, seconded by C. Lorrey. Ordinance adopted on Roll Call vote 9 yeas. So voted.

CITY MANAGER

Communication-From City Manager, responses to Council motions/requests. In Council, accepted and placed on file. Motion by C. Mendonca, seconded by C. Martin. So voted. C. Mercier commented on the progress made by the City of Lowell on fighting drug abuse. C. Mendonca commented on the success of the new revenues under new Sealer of Weights and Measures program.

Communication - From City Manager presentation on Municipal Aggregation. In Council, City Manager Lynch presented a power point plan entitled “Community Choice Aggregation”. City Manager Lynch stated program is only at the beginning phase and more information will follow. Motion “To refer matter to the Technology and Utilities Sub Committee” by C. Mendonca, seconded by C. Nuon. So voted.

Ordinance - Quarterly Traffic January 2012. In Council, Motion by C. Broderick, seconded by C. Nuon “To waive the full reading”, So voted. Given 1st Reading and referred to a Public Hearing at 7PM on January 31st on Motion by C. Lorrey, seconded by C. Martin. So voted.

Ordinance - Amend Chapter 171 “Health and Sanitation” s. 171-13 “Refuse Dumpsters”. In Council, Motion by C. Lorrey, seconded by C. Nuon “To waive the full reading”, So voted. Given 1st Reading and referred to a Public Hearing at 7PM on January 31st on Motion by C. Broderick, seconded by C. Lorrey. So voted.

Ordinance - Amend Ch. 150 Fees (Dumpster Fines). In Council, Motion by C. Broderick, seconded by C. Kennedy “To waive the full reading”, So voted. Given 1st Reading and referred to a Public Hearing at 7PM on January 31st on Motion by C. Broderick, seconded by C. Mendonca. So voted.

Vote - Accept gift ($500.00 Mayor's Holiday Reception) from Comcast. In Council, Read twice, and C. Elliott questioned if the City should accept gift as the City of Lowell regulates Comcast. City Solicitor O'Connor would research the issue. C. Kennedy stated the Mayor's Office should review the policy. Motion by C. Mercier, seconded by C. Kennedy “To accept gift”. Adopted on roll call vote 9 yeas. So voted.

Communication - Accept Resignation of Stephen Laput (Library Board of Trustees). . In Council, read, accepted and placed on file on Motion by C. Kennedy, seconded by C. Broderick. So voted.

Communication - Appoint Jennifer Barrelle (Library Board of Trustees). . In Council, Motion by Broderick, seconded by C. Lorrey “To approve”. So voted. Read, and accepted on roll call vote 9 yeas. So voted

Communication - From City Manager request approval out of state travel (2) police. . Motion to take two matters together by C. Mercier, seconded by C. Mendonca. So voted. In Council, Motion by C. Kennedy, seconded by C. Broderick “To approve”. So voted. Read, approved on roll call vote 9 yeas. So voted

PETITIONS

Claims-There was 1 claim for property damage that was read and referred to the Law Department on Motion by C. Kennedy, seconded by C. Elliott. So voted.

Misc. - Acceptance of the City Council subcommittees for the 2012-2013 term. In Council, C. Elliott and C. Kennedy stated the Mayor had not contacted them regarding the assignments. C. Elliott questioned his removal as chair of the Finance Sub Committee. M. Murphy stated he appoints and does not remove. Motion To accept by C. Mendonca, seconded by Broderick. So voted.

MOTIONS

BY C. LORREY, seconded by C. Mercier.

“City Council request City Manager contact proper department to develop a program to flood city parks and/or property to enable ice skating on said park and/or property.” So voted. C. Lorrey wishes to re-start and old tradition.

BY C. LORREY, seconded by C. Kennedy.

“City Council request City Manager contact proper department about replacing monument, containing the names of Veterans of South Lowell, at Victory Park at the corner of England and Woburn Street.” So voted. C. Lorrey stated the plaque was gone and needed to be replaced.

BY C. MERCIER, seconded by C. Kennedy.

“City Council to direct City Manager to have law dept. draw the proper ordinance amending MGL Ch. 46, Sec. 26 that allows the city clerk, and the asst. city clerk to collect the wedding fees, and prevent this practice from continuing and direct the revenue generated from the wedding fees to go into the city's general fund, as well as see if we have jurisdiction to include the registrar and the asst. registrar.” So voted. C. Mercier stated she would like the law department develop policy regarding her motion.

BY C. MERCIER, seconded by C. Kennedy.

“City Council request the City Manager have the law dept. revisit the Textile Memorial Bridge and allow the bridge to stand.” Mr. George Deluca registered to speak and spoke in favor of the matter. C. Mercier stated there were a lot of open questions and she felt it was worth the effort to keep bridge standing. Motion by C. Lorrey, seconded by C. Kennedy “To refer matter to Transportation Sub Committee”. So voted.

BY C. ELLIOTT, seconded by C. Kennedy.

“City Council request the City Manager explain why he did not inform the Council of the permitting problems at the LHA when 5-year permitting deal was signed in 2010.” So voted. C. Elliott questioned the City Manager regarding his failure to inform the council of permitting issues in regard to LHA. C. Elliott stated that the matter was of such importance that the Council should have been informed and that the City Manager was derelict in his duty for not informing them. City Manager addressed the motion on the floor and stated he felt that the issue was part of the day to day operations of the City of Lowell and that the issue was well in hand. City Manager stated he was not derelict in his duties and that as the work continues at the LHA the Council will be receiving reports.

BY C. ELLIOTT, seconded by C. Kennedy.

“City Council request the City Manager explain the reasoning behind the decision by his office to instruct the former Building Commissioner to issue plumbing and gas fitting permits to the LHA contractors despite his professional recommendation that the permits be denied.” So voted. C. Elliott stated that under Massachusetts General Laws the building commissioner is the only person allowed to issue permits and that the City Manager has no authority to instruct the building commissioner in regard to issuing permits. City Manager states he has never instructed any inspector regarding issuing permits. C. Elliott and City Manager discussed email chain surrounding this issue. C. Mendonca stated he could see where confusion could result with the permits in light of the 1938 agreement but that he did not see any wrongdoing. C. Kennedy state emails could be deceiving and his interest was to ensure each unit is safe at any cost and the LHA should pay those costs.

BY C. MENDONCA, seconded by C. Kennedy.

“City Council request City Manager report on the status of the repairs to the City Hall clock.” So voted. Motion “To Suspend the Rules”, by C. Mercier, seconded by C. Elliott to allow Mr. Andy Garabedian to speak regarding the clock. Mr. Garabedian then spoke about the clock.

BY C. MENDONCA, seconded by C. Broderick.

“City Council request that the City Manager have the Law Department prepare the proper vote to add alternate/associate members to the Planning Board.” So voted.

BY M. MURPHY/C. MENDONCA, seconded by C. Kennedy.

“Request City Council amend meeting schedule to provide quarterly special meetings devoted to the oversight of the Auditor, Clerk, and Manager respectively the last week of each month.” So voted. Matter was referred by Motion of C. Broderick, seconded by C. Mercier “To the Rules Sub Committee”. So voted

At 9:55 PM, C. Broderick moved, seconded by C. Lorrey “To Adjourn”. So voted.

Adjourned

Michael Q. Geary

City Clerk