IN CITY COUNCIL

REGULAR MEETING

CITY HALL, CITY COUNCIL CHAMBER

TUESDAY JANUARY 24, 2012

TIME 6:30PM

Roll call showed 8 present, 1 absent (C. Broderick).

Mayor Murphy presiding.

CITY CLERK

Minutes of January 17th for acceptance. In Council, Read, accepted and placed on file by Motion of C. Mercier, seconded by C. Mendonca. So voted.

Vote - Auth. Mayor execute a retirement board application. In Council, Read twice and adopted on Motion by C. Kennedy, seconded by C. Lorrey on roll call vote 8 yeas, 1 absent (C. Broderick). So voted.

UNFINISHED BUSINESS

Communication - Appointment Walter (Tim) Green to Lowell Housing Authority. In Council, read and accepted on Motion of C. Kennedy, seconded by C. Martin on roll call vote 7 yeas, 1 nay (C. Elliott), 1 absent (C. Broderick). So voted. C. Elliott recognized the resumes he received on each applicant and questioned the timing of the receipt. C. Elliott stated he wanted a person who had no ties to the Lowell Housing Authority and an independent voice. C. Mercier, C. Elliott and Mayor Murphy recognized Mr. O'Keefe's application. C. Lorrey stated it was unfortunate that there is only one name on the ballot and he was thankful that Mr. Green was present. C. Nuon recognized that the Manager has the authority to appoint. Motion “To Suspend the Rules”, was made by C. Elliott, seconded by C. Mendonca to allow Mr. Green and Mr. O'Keefe to speak on the matter. So voted. Mr. Green spoke on the matter from a prepared statement also Mr. O'Keefe thanked the council for their time.

Petition from Atty. Douglas E. Hausler, Attorney for Dennis and George Scannell. RE: Construction of billboard along Lowell Connector in Tanner Street property. In Council, read and delayed for one week by request of City Manager on Motion by C. Kennedy, seconded by C. Lorrey. So voted.

CITY MANAGER

Communication-From City Manager, responses to Council motions/requests. In Council, accepted and placed on file by Motion of C. Mercier, seconded by C. Mendonca. So voted. Motion by C. Mercier, seconded by C. Mendonca “To transfer Transit (Trolley) Report in Council packet to Transportation and Economic Development Sub Committees” So voted. Motion by C. Elliott, seconded by C. Lorrey “To transfer budget report in Council packet to Finance Sub Committee” So voted.

Communication - From City Manager request approval Out of State Travel (1) DPD. In Council, Read twice and adopted on Motion by C. Lorrey, seconded by C. Kennedy on roll call vote 8 yeas 1 absent (C. Broderick). So voted. C. Elliott and C. Kennedy requested updates for the council regarding the Hamilton Canal Project.

Vote - Transfer $28,002 to purchase Animal Control Van. In Council, Read twice and adopted on Motion by C. Mercier, seconded by C. Mendonca on roll call vote 8 yeas, 1 absent (C. Broderick). So voted. C. Mendonca noted it was a replacement of old van. C. Elliott stated that payment for van was coming out of collected fees.

Vote - Ratify Local 853 memorandum of Understanding. In Council, Read twice and adopted on Motion by C. Mendonca, seconded by C. Lorrey on roll call vote 8 yeas, 1 absent (C. Broderick). So voted.

Vote - Authorizing the City of Lowell to Petition the Legislature regarding Marriage Fee's in City Clerks Office. In Council, Read twice and adopted on Motion by C. Mercier, seconded by C. Lorrey on roll call vote 8 yeas, 1 absent (C. Broderick). So voted.

Ordinance - Amend Article V s9-15 Planning Board Membership. In Council, Given 1st Reading and referred to a Public Hearing on February 14th at 7PM by Motion of C. Kennedy, seconded by C. Nuon. So voted.

Ordinance - Amend Ch. 87 - Adult Establishments. In Council, Given 1st Reading and referred to Public Hearing on February 14th at 7PM by Motion of C. Elliott, seconded by C. Mendonca. So voted. Motion by C. Elliott, seconded by C. Mendonca “To waive full reading” So voted. Motion by C. Kennedy, seconded by C. Lorrey “To amend zoning code to coincide with the proposed ordinance changes and to publish same” So voted. C. Elliott wanted to be sure that there could be no adult establishments in the city.

MOTIONS

BY C. MERCIER, seconded by C. Mendonca.

“City Council set policy as standard procedure to automatically lower the flag on city property to half mast when elected officials die”. RE: Congress, State Senators, State Representatives, Mayors, City Councilors and School Committee Members. In Council, read and adopted. So voted. C. Martin stated that he is under the belief that only the Governor can order any municipal building to fly flag at half-mast. C. Kennedy stated that this is a situation when you go ahead and do it until you are told not to.

BY C. MARTIN, seconded by C. Kennedy.

“Request the City Manager have Police Department report on steps needed to implement Smart Policing procedures in the city”. In Council, read and referred to City Manager. So voted. C. Martin outlined the benefits of the program and he felt the City of Lowell should be in the forefront of the movement.

BY C. LORREY, seconded by C. Kennedy.

“Request the City Manager contact proper department about parking restrictions in and around 600 Central St. & 26 Lawrence St.”. In Council, read and referred to the Transportation Sub Committee. So voted. Motion “To Suspend the Rules to allow a person to speak on the matter” by C. Mercier, seconded by C. Mendonca. So voted. Mr. Tom Lunderwood spoke on the matter.

BY C. KENNEDY, seconded by C. Elliott.

“Request the City Manager have the Law Dept. prepare a Home Rule Petition allowing the City of Lowell to collect limited real estate taxes from real estate property that is currently tax exempt under the following provisions. (1) The City would collect real estate taxes from all tax exempt property owners, except for property that is currently owned by a religious denomination, the City of Lowell or the United State of America. (2) The real estate tax levy would be based on 25% of the assessed value and the residential tax rate.(3) The additional revenue can only be used to reduce the real estate tax in any given year and can not be used to raise the overall tax levy. (4) The City Council may in any given year vote to reduce the percentage of the assessed value to a percentage lower than 25%”. In Council, read and referred to City Manager. So voted. C. Kennedy stated that the times call for a small tax on exempt properties and that it has been tried in other communities. He further stated that the motion was designed to save taxpayer money. C. Mendonca stated it is worth exploring but it was important to look at each exempt property to see what impact it would have. C. Mercier would like information on how other communities handle the matter. C. Elliott stated that all PILOT programs should be evaluated and restructured if possible. C. Martin stated it should be explored and that it would involve hardships to many organizations.

BY C. ELLIOTT, seconded by C. Mercier.

“City Council request the Flood Sub/Committee meet to get an update on the status of the proposed Crest Gate Dam”. In Council, read and referred to Flood Sub Committee. So voted.

BY C. ELLIOTT, seconded by C. Mendonca.

“City Council requests the City Manager provide an update on the status of the street light program”. In Council, read and referred to City Manager. So voted.

BY C. ELLIOTT, seconded by C. Kennedy.

“Request the City Council adopt a policy to require the City Manager to submit resumes of applicants for all Boards and Commissions that require City Council confirmation”. In Council, read and Motion to amend by C. Kennedy, seconded by C. Nuon to following: “Manager would submit the resume of successful applicant and if any city councilor wanted to they could view the remaining resumes of the other applicants.” So voted. C. Elliott stated that this is only for appointments and not hires and that it is necessary for him to make an informed decision and not to act blindly on the matter. C. Elliott stated it is best policy for an open form of government. C. Kennedy stated the amendment goes along with the spirit of C. Elliott's motion.

C. Mendonca stated it is not a selection but a confirmation and you should not be influencing the Manager's decisions. C. Mercier stated that she did not have a problem with the original motion because it had to do with appointments and not hires. C. Nuon stated you must be aware not to interfere with the appointing process. C. Martin stated the confirmation is done as it always has been done and it is either vote up or down. C. Lorrey stated it is confirm or deny procedure. Motion “To Suspend the Rules to allow C. Elliott and C. Kennedy to speak on the matter for a third time” by C. Mercier, seconded by C. Nuon. So voted. C. Elliott questioned the Manager as to his policy with the resumes. City Manager was concerned with Plan E violations and that it was a subjective choice made by him in these matters. C. Kennedy stated that all that was being done was an expansion of the circle of confidentiality for the appointments. The question was moved by C. Mercier, seconded by C. Elliott on roll call vote 7 yeas, 1 nay (C. Martin), and 1 absent (Broderick). So voted. Motion “To accept amendment” by C. Kennedy, seconded by C. Nuon on roll call vote 5 yeas, 3 nays (C. Elliott, C. Martin, C. Mercier), 1 absent (C. Broderick). So voted. Motion “To adopt motion as amended” by C. Kennedy, seconded by C. Nuon on roll call vote 5 yeas, 3 nays (C. Elliott, C. Martin, C. Mercier), 1 absent (C. Broderick). So voted.

At 8:50 PM, C. Kennedy moved, seconded by C. Lorrey “To Adjourn”. So voted.

Adjourned

Michael Q. Geary

City Clerk