IN CITY COUNCIL

TUESDAY SEPTEMBER 23, 2008

TIME 6:32PM

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

Mayor Caulfield presiding

Prior to the beginning of the meeting, a Moment of Silence, in a darkened chamber, was observed for Police Captain John Sullivan, Former Fire Chief John Mulligan and Conrad Gauthier, all of who passed away recently.

CITY CLERK

Minutes of September 9th for acceptance. In Council, Read, accepted and placed on file by motion of C. Broderick, seconded by C. Lenzi. So voted.

PUBLIC HEARINGS

Appeal of Denial of Curb-cut-Connector Park Holdings LLL request appeal of denial for curb-cut in excess of 32 feet on Wellman Street and Composite Way. In Council read and hearing held. Atty. George Eliades spoke for the petitioner. No Remonstrants. Hearing closed.

Approved on roll call vote 8 yeas, 1 absent (C. Milinazzo). So voted.

Petition of Connector Park Holdings LLC-To request the City Council to re-name Composite Way as Lowe's Way. In Council, Read and referred to the Law Department for the proper vote. So voted.

Conduit Location-Verizon to place approximately 40 feet conduit in West 3rd Street. In Council, read and hearing held. Joseph Gleason spoke for the petitioner. No Remonstrants. Hearing closed.

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

CITY MANAGER

Communication-From City Manager, responses to Council Motions/Requests. In Council, accepted and placed on file. So voted.

The Council requested that the communication relative to the Marketing Efforts be forwarded to the Marketing Sub/Committee and the communication relative to the amending of the Flood Plain Maps be referred to the Law Department to prepare an appropriate response. So voted.

Communication-From City Manager requesting approval of Out of State Travel. In Council, Read and approved on roll call vote 8 yeas, 1 absent (C. Milinazzo). So voted.

Resignation and Appointment-Lowell Cultural Council resignation and appointment read, accepted and placed on file. So voted.

$23,000 Cemetery, Flowers and Bushes etc. from Cemetery, Perpetual Care. In Council, Read twice and adopted 8 yeas, 1 absent (C. Milinazzo). So voted.

Ordinance-Chapter 13, Motor Vehicles & Traffic, Quarterly Ordinance. In Council, Given 1st reading and hearing ordered for 7PM on October 14th. So voted.

C. R. Mercier moved, seconded by C. Lenzi “To incorporate her motion of this evening to place No Turn on Red Sign on Bedford Avenue”. So voted.

Ordinance-Chapter 11, License & Permit Fees, Park Use Fees/Permits. In Council, Given 1st reading and hearing ordered for 7PM on October 14th. So voted.

Ordinance-Amend the Sewer Use Charges. In Council, Given 1st reading and hearing ordered for 7PM on October 14th and referred to the Joint Sub/Committees of Finance & Economic Development for a report and recommendation. So voted.

Order of Taking-Order of Taking & Acceptance Oberlin Avenue, Carly Way and Bridget Lane. In Council, Given 1st reading and hearing ordered for 7PM on October 28th. So voted.

Vote-Accepting a Deed from Kazanjian Enterprises. In Council, Read twice and adopted 7 yeas, 2 absent (C. Kazanjian, C. Milinazzo). So voted.

Order of Taking-Order of Taking & Acceptance of O'Heir Way. In Council, Given 1st reading and hearing ordered for 7PM on October 28th. So voted.

Vote-$110,002 Capital Accounts from Receipts Reserved, Sale of City Property. In Council, Read twice and adopted 8 yeas, 1 absent (C. Milinazzo). So voted.

Vote-Approving the Hamilton Canal District Land Disposition Agreement. In Council, after much discussion, Read twice and adopted 8 yeas, 1 absent (C. Milinazzo). So voted.

REPORTS

C. Elliott, Chairman of the Flood Issues Sub/Committee said they met this evening and were provided an update on the status of the issues related to flooding of the Merrimack River. C. Elliott said the Committee, Council, Administration, and Neighborhood Groups

along with the assistance of Congresswoman Tsongas continue to work with FERC to keep the pressure on Enell to adhere to all Agreements in place with respect to the control of the flow of the river. C. Elliott said and the Committee agreed, that the Neighborhood Groups have been instrumental in the city's efforts and they are to be commended for their diligence in this matter.

C. Elliott said the City Manager would be forming a working group of city officials, residents, representatives of the Congresswoman's Office to continue to work toward aa acceptable solution as it relates to this issue.

Adopted as a report of progress on motion of C. Broderick, seconded by C. Kazanjian. So voted.

PETITIONS

Misc.-Atty. Leonard Shamas representing Louis & Elizabeth Carciofi Trustees 555 E. Merrimack St. requesting permission to encroach on city land. In Council, Read and referred to the Law Department to draw the proper vote. So voted.

Mary Shaffer 27 Bowers Street-Requesting Handicap Parking sign. In Council, read and referred to the Traffic Engineer for a report and recommendation. So voted.

Pole loc.-National Grid to place 1 pole on Plain Street. In Council, Read and hearing ordered for 7PM on October 28th. So voted.

Claims-There was 5 claims, which were read and referred to the Law Department on motion of C. Martin, seconded by C. A. Mercier. So voted.

MOTIONS

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

“Request the City Manager to have the proper department place a No Turn on Red Sign on Bedford Avenue”. In Council, Read and incorporated into the Quarterly Ordinance and referred to a Public Hearing October 14th. So voted.

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

“Request the City Manager to have the proper department place a crosswalk on Pine Street at Hawthorne Street”. In Council, Referred to the City Manager. So voted.

BY C. R. MERCIER, seconded by C. Elliott

“Request the City Manager address concerns of the neighborhood relative to possible bridge work on Morton and Stratham Streets”. In Council, Referred to the City Manager. So voted.

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

“Request the City Manager to explore the possibility of installing lights at Callery Park”. In Council, Referred to the City Manager. So voted.

BY MAYOR CAULFIELD, seconded by C. Broderick

“Request the City Manager to have Animal Control and the Police Department to enforce the existing Leash Law and investigate instituting possible restrictions on Pit Bulls”. In Council, Referred to the City Manager. So voted.

BY MAYOR CAULFIELD, seconded by C. R. Mercier

“Request the City Manager have the proper department install a crosswalk on Beacon Street in the vicinity of the McAuliffe School”. In Council, Referred to the City Manager. So voted.

At 8:37 PM, C. A. Mercier moved, seconded by C. Martin “To Adjourn”. So voted.

Adjourned

Richard C. Johnson

City Clerk