IN CITY COUNCIL

REGULAR MEETING

CITY HALL, CITY COUNCIL CHAMBER

TUESDAY JANUARY 31, 2012

TIME 6:30PM

Roll call showed 9 present.

Mayor Murphy presiding.

CITY CLERK

Minutes of January 24th for acceptance. In Council, Read. Minutes were amended by C. Mendonca, without objection, to include the name of Mr. O'Keefe as being allowed to speak under the Suspension of Rules on page one of the minutes under Unfinished Business portion of the Agenda. Amended minutes accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted.

Motion by C. Nuon, seconded by C. Mendonca “To Suspend the Rules and take C. Mercier's motion out of order”. So voted.

BY C. MERCIER, seconded by C. Mendonca

“Request the City Manager have newly hired treasurer come before the Council to meet with Council and the Public, and that future department head hires do as well”. In Council, read and approved. So voted. C. Mercier introduced the City Treasurer, Elizabeth Craveiro. City Manager gave the background of the new Treasurer. City Treasurer thanked the Council for the opportunity.

UNFINISHED BUSINESS

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 Motion by C. Nuon, seconded by C. Mercier “To refer to Law Department and have them draw a deed with restrictions preventing the construction of billboards on the premises” on roll call vote 8 yeas, 1 nay (C. Kennedy). So voted.

PUBLIC HEARING (Scheduled for 7PM)

Ordinance - Quarterly Traffic January 2012. In Council, given 2nd reading and hearing held. Motion by C. Kennedy, seconded by C. Lorrey “To waive the full reading”. So voted. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Lorrey “To adopt” on roll call vote 9 yeas. So voted.

Ordinance - Amend Chapter 171 “Health and Sanitation” s. 171-13 “Refuse Dumpsters”. In Council, given 2nd reading and hearing held. Motion by C. Mendonca, seconded by C. Nuon “To waive the full reading”. So voted. Speaking in favor was Kendra Amaral, DPD Deputy Director, who gave a summary of the ordinance. No Remonstrants. C. Mercier questioned the fencing required around the dumpsters. C. Lorrey questioned about fees and revocation of permits. C. Kennedy inquired about what the average cost of pickups were. Hearing closed. Motion by C. Broderick, seconded by C. Nuon “To adopt” on roll call vote 9 yeas. So voted.

Ordinance - Amend Ch. 150 Fees (Dumpster Fines). In Council, given 2nd reading and hearing held. Motion by C. Mendonca, seconded by C. Mercier “To waive the full reading”. So voted. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Broderick “To adopt” 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 by Motion of C. Mendonca, seconded by C. Mercier. So voted. C. Mendonca commented on the free cash report. Manager Lynch broke down the report. C. Lorrey questioned if any monies could go to the Recreation Department. C. Elliott stated that free cash amount is partly due as a result of raising taxes and a balance must be struck on use of free cash to ease taxpayer burden. C. Mendonca wanted to know the status of bus shelters and was informed that they would roll out program in the spring. C. Elliott wanted to get status on his 12/20 motion to provide LHA contracts for work being done. City Manger stated he would check status.

Communication - From City Manager request approval Out of State Travel Police (1), Library (1). In Council, Read twice and adopted on Motion by C. Broderick, seconded by C. Lorrey on roll call vote 9 yeas. So voted.

Vote - Apply/Accept/Expend ($400,000.00) Brownfields Multi-Purpose Pilot Grant. In Council, Read twice and Motion by C. Lorrey, seconded by C. Kennedy “To waive the full reading”. So voted. Motion by C. Kennedy, seconded by C. Broderick “To approve” on roll call vote 9 yeas. So voted.

Order - Taking and Acceptance of Technology Drive. In Council, Given 1st Reading and referred to Public Hearing on February 21, 2012 at 7PM by Motion of C. Mercier, seconded by C. Mendonca. So voted. Motion by C. Mercier, seconded by C. Lorrey “To waive the full reading”. So voted. C. Elliott questioned the timing of the order as the road was in such disrepair. City Manager responded that the developer and bond were gone and to accept the road would be beneficial to Ch. 90 money from the state. C. Lorrey stated accepting the road was a better alternative.

Communication - From City Manager regarding Presentation of Goals/Objectives. In Council, City Manager made power point presentation outlining various goals and objectives of the City of Lowell as contained in report entitled “2011 Goals and Objectives Presentation to Lowell City Council January 31, 2012.” C. Mendonca voiced concerns over infrastructure portion of the report and stated that there still work to be done on accepting streets in the city. Motion by C. Mercier, seconded by C. Mendonca. “To accept and placed on file” So voted. Motion by C. Broderick, seconded by C. Mendonca “To refer report to the Personnel Sub Committee for review”. So voted.

Communication - From City Manager regarding Zoning Amendment-Adult Establishments. In Council, read and Motion by C. Lorrey, seconded by C. Martin “To waive the full reading”. So voted. Motion by C. Broderick, seconded by C. Martin “To refer to Public Hearing on February 14, 2012 at 7 PM”. So voted.

REPORTS (Sub/Committee, if any)

Rules Sub/Committee report from January 31st. C. Kennedy stated that the Rules Sub Committee met prior to council meeting and that there would be a report before council next meeting. C. Lorrey stated that the Transportation Sub/Committee would be meeting on February 7, 2012 at 5:30 PM. C. Mendonca stated that the Finance Sub Committee would be meeting February 21, 2012 at 5:30 PM.

Wire Insp. - Report of National Grid for: 11-17 Mort Avenue, extend Gas Main. In Council, accept and adopted accompanying order by Motion of C. Broderick, seconded by C. Mercier. So voted.

PETITIONS

Claims-There was 1 claim for personal injury. In Council, read and referred to Law Department for report and recommendation by Motion of C. Mercier, seconded by C. Lorrey. So voted.

MOTIONS

BY C. LORREY, seconded by C. Mendonca

“Request City Council direct the Education Partnership Sub/Committee to meet February 14, 2012 at 5:30PM in the City Council Chamber regarding updates by Chancellor Meehan as to UMass Lowell Projects”. In Council read and referred to Education Partnership Sub/Committee. So voted.

BY C. ELLIOTT, seconded by C. Kennedy

“Request the City Manager have the Department of Environmental Protection report on handling of asbestos during LHA renovations”. In Council read and C. Kennedy amended motion without objection to add the following: “LHA to provide reports on any removal of asbestos or any money paid for the removal of asbestos”. So voted. C. Elliott said this is a serious public health concern and that the proper procedure must be followed including notification of different agencies. C. Elliott states there is a need for independent certification on the project. C. Kennedy is in favor of receiving reports and it is important so that matter can be finalized and there is a city responsibility to the citizens of Lowell living in the units. C. Lorrey questioned who has oversight of the project. C. Mercier questioned the role the head of the department is playing in all of this. C. Mendonca stated the request is in order to get a more definitive response.

BY C. ELLIOTT, seconded by C. Kennedy

“Request the City Manager have the proper state or federal agency report on handling of lead paint during LHA renovations”. In Council, read, approved and referred to the City Manager. So voted.

BY C. NUON, seconded by C. Mercier

“Request the City Manager report on policy with respect to city receiving cash payments”. In Council, read, approved and referred to the City Manager. So voted. C. Mercier recommended policy of stamping receipts before giving them to customers so that there is an indication that it is from the City of Lowell.

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

“Request the City Manager report on potential for consolidation into single work order system for both school and municipal facilities”. In Council, read, approved and referred to the City Manager. So voted. C. Mendonca indicated that this is the best business practice.

At 8:45 PM, C. Kennedy moved, seconded by C. Broderick “To Adjourn”. So voted.

Adjourned

Michael Q. Geary

City Clerk

DOCUMENTS:

1. “2011 Goals and Objectives Presentation to Lowell City Council January 31, 2012”