IN CITY COUNCIL

TUESDAY FEBRUARY 5, 2008

TIME 6:37PM

Prior to the beginning of the meeting, a Moment of Silence, in a darkened chamber, was observed for Roland Beaudoin, Leo Hebert, Mary Perry and Robert Vigeant, all of who passed away recently.

CITY CLERK

Minutes of January 29th for acceptance. In Council, Read, C. R. Mercier move to amend the minutes by correctly identifying an honored decedent at Lawrence Belodeau and not Michael Belodeau. So voted. Minutes as amended, accepted and placed on file by motion of C. Broderick, seconded by C. Milinazzo. So voted.

UNFINISHED BUSINESS

Hearing-National Grid to place 1 pole and conduit in Moody Street. In Council, Read and hearing held. Dave Aguar spoke for the petitioner. No Remonstrants. Hearing closed.

Referred to the Superintendent of Street and Inspector of Wires. So voted.

PUBLIC HEARINGS

Ordinance-Amend Chapter 2, Administration by adding the Division of Cultural Affairs and Special Events. In Council, Given 2nd reading and hearing held.

Speaking in favor was:

James Cook Lowell Plan

Jerry Beck Revolving Museum

Guy Lefebvre Local Artist

Michael Lally Director, Whistler House

Steve Severson Market St, Local Artist

Terry O'Connor President, Lowell Arts Assoc.

Charles Tower Merrimack Reparatory Theatre

Dane Lamb 30 Market St.

Dave Blackman Cultural Resources LNHP

Jim Coleman Textile Museum

Greg Croteau Director, UTEC

Matt Coggins President, COOL

Eileen Donoghue 257 Andover St, Former City Councillor

Tom Parrish Merrimack Reparatory Theatre

Speaking in opposition was:

Patrick O'Connor 38 Foch St.

Hearing closed. C. Milinazzo moved for approval, seconded by C. Broderick. After very lengthy discussion and debate, the Ordinance was defeated on roll call vote 5 yeas (C. Martin, C. A. Mercier, C. Milinazzo, C. Broderick, C. Elliott), 4 nays (C. R. Mercier, M. Caulfield, C. Kazanjian, C. Lenzi). So voted.

Ordinance-Creating 1 position, full time, and establish the salary therefore in the Division of Cultural Affairs and Special Events. In Council, as a result of the previous action, City Manager Lynch requested to withdraw the Ordinance. So voted.

Ordinance-Amend Chapter 17, Removal of Snow & Ice from Streets and Sidewalks. In Council, Given 2nd reading and hearing held. No Remonstrants. Hearing closed. Adopted on roll call vote 9 yeas. So voted.

CITY MANAGER

Communication-From City Manager, responses to Council Motions/Requests. In council Read, and C. Milinazzo moved, seconded by C. A. Mercier “To refer the communication relative to the Sub/Division at 104 West Meadow Road to the Zoning Sub/Committee”. So voted. Communications accepted and placed on file. So voted.

Communication-From City Manager, request approval of 7 Constable Bonds. In Council, Read and Bonds approved on roll call vote 9 yeas. So voted.

$28,821 Police, S&W, Legal Defense Fund from Overlay Surplus. In Council, Read and approved on roll call vote 9 yeas. So voted.

$17,304 Various Departments, S&W from Overlay Surplus. In Council, Read twice and adopted 9 yeas. So voted.

$57,894 Fire, S&W from Overlay Surplus. In Council, Read twice and adopted 9 yeas. So voted.

Vote-Authorize the City Manager to execute an easement w/National Grid at 511 Moody Street. In Council, Read twice and adopted 9 yeas. So voted.

Vote-Authorize the City Manager to execute an easement w/National Grid at Pine and Morey Street. In Council, Read twice and adopted 9 yeas. So voted.

Vote-Authorize the City Manager to execute an easement w/National Grid at 135 Middlesex Street. In Council, Read twice and adopted 9 yeas. So voted.

Ordinance-Creating 1 position, Program Coordinator and establish the salary therefore in the Police Department. In Council, Given 1st reading and hearing ordered for 7PM on February 26, 2008. So voted.

Vote-Designating the School Committee Negotiator as a Special Municipal Employee. In Council, Read twice and adopted 9 yeas. So voted.

Vote-Authorize the City Manager to accept a gift from Diamond Action Inc., the Lowell Spinners to expand and improve the players locker room at LeLacheur Stadium in the amount of approximately $200,000. In Council, Read twice and adopted 9 yeas. So voted.

REPORTS

C. Broderick & C. Elliott Chairmen of the Auditor/Clerk Oversight and the Finance Sub/Committee said they met this evening relative to the Auditor and the status of issues which were raised as a result of previous city audits. City Auditor Cheryl Wright provided the Committees with a detailed report addressing each of the concerns and informed the Committees that a resolution to all of the concerns is nearly complete. C. Broderick said the Committees reviewed the report in depth and agreed that the City Auditor has worked to address these issues in an efficient and timely manner and has, along with the Administration, made significant strides in brining the city's book into order. C. Broderick said the Committees agreed that the Auditor and the Administration continue to address concerns with the City Treasury and requested a similar report with respect to Treasury issues. C. Broderick said as a result of the meeting, the Committees requested the Manager have the Law Department report relative to the procedure to perform the required annual performance evaluations of both the City Auditor and the City Clerk and report on the evaluations relation to placement on the Tier Salary System (Grid).

Adopted as a report of progress on motion of C. Elliott, seconded by C. R. Mercier. So voted.

PETITIONS

Misc.-Lyndon LaRouche Political Action Committee requesting the City propose and adopt a Resolution re:Homeowner & Bank Protection Act. In Council, read and referred to the City Manager and the Law Department for further action. So voted.

Brenda Wegener 34 Epping Street requesting a Handicap Parking Sign. In Council, Read and referred to the Traffic Engineer for a report and recommendation. So voted.

Claims-There was 2 claims, which were read and referred to the Law Department on motion of C. Elliott, seconded by C. Broderick. So voted.

MOTIONS

BY C. R. MERCIER, seconded by C. A. Mercier

“Request the City Manager to take the necessary steps to place 15 Minute Parking in front of 598 Central Street”. In Council, Referred to the City Manager. So voted.

BY C. KAZANJIAN, seconded by C. A. Mercier

“Request the City Manager have the Police Chief report on the issues relating to the recent increase in crimes”. In Council, Referred to the City Manager and the Public Safety Sub/Committee. So voted.

BY C. MILINAZZO, seconded by C. R. Mercier

“Request the City Manager to report on the status of the efforts to implement downtown improvements and forward the report to the Economic Development Sub/Committee for action”. In Council referred to the City Manager and the Economic Development Sub/Committee. So voted.

BY C. BRODERICK, seconded by C. Elliott

“Request the City Manager to prepare a comprehensive report on the issues impacting redevelopment/recruitment for Hamilton Canal Area”. In Council, Referred to the City Manager. So voted.

BY C. BRODERICK, seconded by C. Elliott

“Request the City Manager have the police chief prepare a report on the recent crimes of burglaries/robberies and what efforts are being implemented to prevent same in the future”. In Council, Referred to the City Manager and the Public Safety Sub/Committee. So voted.

At 9:58 PM, as a result of a request of the City Manager, C. Elliott moved, seconded by C. Lenzi “To go into Executive Session for the purpose of entertaining ongoing settlement discussion of a federal suit, public discussion of which may have a detrimental effect on such settlement discussion and that the City Council shall adjourn from such Executive Session”. In Council, adopted on roll call vote 9 yeas. So voted.

At 10:00 PM, the Council went into Executive Session.

Richard C. Johnson

City Clerk