City Council

Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4007 www.LowellMA.gov Lowell City Council Michael Q. Geary City Clerk Regular Meeting Minutes Date: May 25, 2021 Time: 6:30 PM Location: City Council Chamber, Pursuant To Governor Baker's Emergency Order Modifying The State's Open Meeting Law Issued March 12, 2020, Meetings Will Be Held Using Remote Participation As Follows: Members Of The Public May Not Participate In-Person And May View The Meeting Via LTC.ORG (On-Line; Live Streaming Or Local Cable Channel 99) And Zoom 1. ROLL CALL Roll Call showed 9 present. M. Leahy presiding. C. Chau requested moment of silence in darkened chamber for Kenneth Sao. C. Nuon recognized the death of Mr. Sao. C. Elliott paid tribute to Mr. Sao. M. Leahy requested moment of silence in darkened chamber for Raymond Rochette. 2. MAYOR'S BUSINESS 2.1. Communication Remote / Zoom Participation: Pursuant To Governor Baker's Emergency Order Modifying The State's Open Meeting Law Issued March 12, 2020, Meetings Will Be Held Using Remote Participation As Follows: Members Of The Public May View The Meeting Via LTC.Org (On-Line; Live Streaming; Or Local Cable Channel 99) As They May Not Participate In-Person. Those Wishing To Speak Regarding A Specific Agenda Item Shall Register To Speak In Advance Of The Meeting By Sending Email To City Clerk Indicating The Agenda Item And A Phone Number To Call So That You May Be Issued Zoom Link To The Meeting. Email Address Is MGEARY@LOWELLMA.GOV. If No Access To Email You May Contact City Clerk At 978-674-4161. All Request Must Be Done Before 4:00 PM On The Day Of Meeting. For Zoom - HTTPS://SUPPORT.ZOOM.US/HC/EN-US/ARTICLES/201362193- JOINING-A-MEETING In City Council, Motion “To accept and place on file” by C. Nuon, seconded by C. Chau. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) 3. CITY CLERK 3.1. Minutes Of City Council Regular Meeting May 11th, For Acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Nuon, seconded by C. Rourke. So voted. 4. GENERAL PUBLIC HEARINGS 4.1. Ordinance-Create New Ch. 222-1 Entitled Murals. In City Council, Given 2nd Reading, hearing held. No Remonstrants. Motion to adopt by C. Elliott, seconded by C. Rourke. Adopted per Roll Call vote 9 yeas. So voted. 5. UTILITY PUBLIC HEARING 5.1. National Grid/Verizon NE - Request Relocation Of (1) JO Pole At 61-69 Rock Street. In City Council, Given 2nd Reading. Hearing held. Michael Meneades (National Grid) spoke in favor of the petition. No Remonstrants. Motion to refer to Wire Inspector for report and recommendation by C. Rourke, seconded by C. Samaras. So voted. 6. COMMUNICATIONS FROM CITY MANAGER 6.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. Conway, seconded by C. Chau. So voted. A) Motion Response - Old Ferry-Varnum Roundabout – Motion to refer to Transportation SC by C. Elliott, seconded by C. Nuon. So voted. B) Motion Response - Construction Plans Online – Registered speaker, Deb Forgione, addressed the body. C. Elliott noted advantages to posting plans. C) Motion Response - Crosswalks at Eagle Park – C. Drinkwater commented on the report and noted an immediate impact with the changes. D) Motion Response - Reporting Hate Crimes – C. Nuon noted that outlined process will be effective. Manager Donoghue noted that LPD would be using many languages to inform public and many steps have been put in place to maintain confidentiality. E) Motion Response - LHS Project Sub-Bidder – C. Mercier noted concern with low bid in terms of the amount and information placed on the application and noted that oversight must be constant in the bidding process. Manager Donoghue commented on the oversight process and that there is a professional team in place on the project to do that. C. Drinkwater noted alarm was not regarding injury but for the failure to disclose it on the application. C. Drinkwater noted that facts should be fully disclosed in bid submissions even if it was just to recognize a death of an employee on the job. Manager Donoghue noted that there was disclosure and noted that death was not due City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 11) to employer negligence. C. Samaras commented on the development team and the bidding process. C. Nuon noted that consulting team hired is qualified to review and select bids. Manager Donoghue noted that there was oversight by the Inspector General’s Office regarding bid which noted that there was no disqualifying event. C. Elliott noted information was helpful and that there is a need for transparency as the project is being funded by taxpayer’s money. C. Rourke was allowed moment of personal privilege and commented on replacing flags downtown. Manager Donoghue noted replacements before Memorial Day. 6.2. Informational Reports F) Informational - FY2022 Budget Presentation – Manager Donoghue reviewed the budget and commented on process of developing it noting that there will be public hearings on it as well. Manager Donoghue commented on covid relief money coming into the City noting that guidelines and procedures are being developed by the government and that money will be disbursed over time. Manager Donoghue noted that the process was long and involved and would involve years and further noted that this money was not used in developing current budget. Manager Donoghue stated that the budget is monitored daily and recognized department heads and employees for all of their efforts during pandemic and beyond. Conor Baldwin (CFO) provided presentation entitled “Fiscal Year 2022 Budget” which included discussions of the start of the process; net school spending; fiscal challenges (pensions, charter schools, trash collection, fixed costs); charter school reimbursement impact; and highlights (diversity, fire safety, education, municipal services, recreation investment, capital investments. C. Mercier commented on fire training facility in the City. Allison Chambers (Asst. CFO) provided information regarding net school spending, revenues by services and appropriations by categories. C. Mercier questioned Chapter 70 money and funding by City for the schools. Mr. Baldwin noted the amount of Chapter 70 along with tax levy applied to schools as well as other methods of support to the schools. C. Samaras noted it was a workable budget with a future and had concerns with school budget regarding new positions. C. Conway recognized the efforts of the financial team during difficult times and noted that City services remain strong. C. Conway noted importance of grant writer position and that school buildings have been updated. C. Elliott noted City has maintained financial stability and it is a good budget but cautioned hard times are still ahead as they leave the pandemic. C. Elliott noted recovery money was one time investment and not available for future spending. C. Elliott noted charter school underfunding by State remains an issue and a hardship on budget. C. Chau commented on the budget and the involvement of the public which seems supportive of the financial approach of the City. C. Nuon stated it was a solid management performance and commented on importance of diversity officer position. C. Nuon noted aspects of the budget that addressed fire safety. C. Rourke noted need for further discussion regarding covid relief money and possible resources. C. Rourke noted future was bright for the City after going through a tough period for all. C. Drinkwater recognized the financial team in developing the second budget during pandemic. C. Drinkwater noted the diversity position and fire safety element of the budget. C. Drinkwater noted continued issue with City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) charter school money even though State did contribute added money. Manager Donoghue noted increase due to added classes in charter schools. C. Drinkwater commented on funding for body cameras. Manager Donoghue noted that topic was part of current negotiation talks. C. Mercier was pleased with budget and that it contains a wealth of information and was produced with a lot of effort. 6.3. Communication To Appointment Joseph P. Pyne To Monument Committee In City Council, Read, Motion to adopt by C. Elliott, seconded by C. Drinkwater. Adopted per Roll Call vote 9 yeas. So voted. 6.4. Communication - City Manager Request Out Of State Travel (2) LPD. In City Council, Read, Motion to adopt by C. Nuon, seconded by C. Chau. Adopted per Roll Call vote 9 yeas. So voted. Motion by C. Mercier, seconded by C. Elliott to bundle and waive second reading Items #7.1 to #7.13 inclusive with the exception of Item #7.12. So voted. 7. VOTES FROM THE CITY MANAGER 7.1. Vote - Appoint Interim City Auditor-Sheryl Wright. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. C. Elliott noted he would support interim auditor noting there is a performance matter and the need to get information on the situation. Solicitor O’Connor noted a scheduled meeting may be needed. Motion by C. Elliott, seconded by C. Mercier to schedule meeting if needed regarding auditor department. So voted. C. Mercier questioned policy regarding administrative leave with or without pay. Manager Donoghue noted that determination is made at outset and can change during course of investigation. C. Rourke noted interim auditor is familiar with office and capable of running the department. C. Elliott noted he supports DOR recommendations regarding auditor position. 7.2. Vote - Accept Timely Receipt Of Budget FY22. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 7.3. Vote - Approve And Submit Letter To US Economic Dev Admin. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 7.4. Vote - Approve The FY22 Community Preservation Fund Budget. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 7.5. Vote - Endorse 5 Year Capital Plan. In City Council, Given 1st Reading, Motion to refer to public hearing on June 8, 2021 at 7PM by C. Rourke, seconded by C. Samaras. So voted. C. Elliott commented on condition of the streets in the City and how they are left after constructions crews are finished. C. Elliott noted projects in plan which include fire station improvements. C. Elliott noted public hearing on the vote. 7.6. Vote - FY22 Appropriation Order. In City Council, Given 1st Reading, Motion to refer to public hearing on June 8, 2021 at 7PM by C. Rourke, seconded by C. Samaras. So voted. 7.7. Vote- Adopt Dept Of Revenue Recommendation. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 7.8. Vote- Apply.Accept.Expend 7,000,000 MassWorks Infrastructure Grant. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 7.9. Vote-Apply.Accept.Expend 2,500,000 MassWorks Infrastructure Grant. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 7.10. Vote-Apply.Accept.Expend 250,000 Housing Choice Program Grant. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 7.11. Vote-Apply.Accept.Expend 75,000 Community Planning Program Grant. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 7.12. Vote-Authorize Manager Execute Annual Action Plan FY21-22. In City Council, Given 1st Reading, Motion to refer Finance SC by C. Elliott, seconded by C. Conway. So voted. C. Elliott requested need for further information. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) 7.13. Vote-Special Act To Fill Vacancy On School Committee. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 8. ORDERS FROM THE CITY MANAGER 8.1. Loan Order - Capital Plan Loan Order FY22. In City Council, Given 1st Reading, Motion to refer to public hearing on June 8, 2021 at 7PM by C. Elliott, seconded by C. Rourke. So voted. 9. ORDINANCES FROM THE CITY MANAGER 9.1. Ordinance- Create Cyber Security Administrator Position In MIS Position And Salary. In City Council, Given 1st Reading, Motion to refer to public hearing on June 8, 2021 at 7PM by C. Conway, seconded by C. Chau. So voted. 9.2. Ordinance- Create Grant Writer Position In Fire And Establish Salary. In City Council, Given 1st Reading, Motion to refer to public hearing on June 8, 2021 at 7PM by C. Chau, seconded by C. Drinkwater. So voted. 9.3. Ordinance- Create Utility Engineer Position In Water And Establish Salary. In City Council, Given 1st Reading, Motion to refer to public hearing on June 8, 2021 at 7PM by C. Samaras, seconded by C. Rourke. So voted. 10. RESOLUTIONS 10.1. Resolution-May As Asian-American And Pacific Islander Month. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Chau, seconded by C. Conway. Adopted per Roll Call vote 9 yeas. So voted. C. Nuon noted support of the body and the effort to place it quickly on the agenda. C. Chau requested correction to state Asian-American in the body of the resolution. 11. CONSTABLE BONDS 11.1. Communication - City Mgr. Request Approval Of Constable Bonds For Juan Garcia. In City Council, Read, Motion to adopt by C. Mercier, seconded by C. Drinkwater. Adopted per Roll Call vote 9 yeas. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) 12. REPORTS (SUB/COMMITTEE, IF ANY) 12.1. Subcommittee Reports: 1) Economic Downtown Development SC May 25, 2021; and 2) Zoning SC Joint With Housing SC May 25, 2021. In City Council, C. Elliott provided report on the Economic Downtown Development SC noting the attendance and discussion regarding proposal of boathouse facility along Merrimack River provided by the DPD which includes more use for the river and more recreation opportunities in the City. C. Elliott noted that project will need attention to parking and increase of traffic in the area. C. Elliott noted that body adopted motion to move forward with the proposal. C. Drinkwater provided report on joint Zoning/Housing SC noting the attendance and review of recent State law which would allow changes to local zoning ordinances if adopted. C. Drinkwater noted the abundance of information and possibilities and that future meetings would be held to review all information provided. Motion to accept the reports as reports of progress and adopt motions by C. Elliott, seconded by C. Chau. So voted. Motion by C. Elliott, seconded by C. Rourke to bundle and adopt Items #13.1 to #13.3 inclusive. So voted. 13. PETITIONS 13.1. Claims - (2) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Elliott, seconded by C. Rourke. So voted. 13.2. Misc. - Maurice Mason, Jr. Request Installation Of Overhanging Sign At 147 East Merrimack Street. In City Council, Motion to refer to Law Department for report and recommendation by C. Elliott, seconded by C. Rourke. So voted. 13.3. Misc. - Dagabavto Nieves - Request City Council Review And Upgrade Safety Measures At Crosswalks Throughout The City. In City Council, Motion to refer to City Manager / Law Department for report and recommendation by C. Elliott, seconded by C. Rourke. So voted. 13.4. Comcast - Request Installation Of Communications Conduit To Provide Service From 138 To 160 Middlesex Street. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) In City Council, Given 1st Reading, Motion to refer to public hearing on June 8, 2021 at 7PM by C. Drinkwater, seconded by C. Chau. So voted. 14. CITY COUNCIL - MOTIONS 14.1. C. Elliott - Req. City Mgr. Obtain And Provide A Financial Report On Expenditures/Contracts And Work Authorized As Well As A Report Regarding Progress To Date On Phase Four Of The Housing Project At Rivers Edge. In City Council, seconded by C. Drinkwater, referred to City Manager. So voted. C. Elliott noted need for more information upon which it should be referred to Housing SC. 14.2. C. Elliott - Req. City Mgr. Provide A Report Regarding The Status Of The Last Phase Of The Housing Development By First Residential Development Corporation. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Elliott commented on the concerns of the neighbors and this matter should be referred to Housing SC after information is provided. C. Elliott noted similar motion (Item #14.9). 14.3. C. Elliott - Req. Zoning SC Meet Regarding Changing Zones That Have No Set Back Requirements That Allow Construction To Directly Abut Sidewalks. In City Council, seconded by C. Mercier, referred to Zoning SC. So voted. C. Elliott noted the need to adjust zoning code so that there would be proper setbacks with these developments. 14.4. C. Mercier - Req. City Mgr. Have Proper Department Find Ways And Means To Install 4-Way Stop Signs At The Intersections Of 6th Avenue And Mt. Hope Street And At 7th Avenue And Mt. Hope Street In Order To Reduce Speeding In That Area. In City Council, seconded by C. Elliott, referred to City Manager. So voted. C. Mercier noted the need to slow speed in the area and it would bring it into compliance with other cross streets. 14.5. C. Mercier - Req. City Mgr. Inform City Council As To Policy Regarding Juneteenth Holiday In Terms Of City’s Recognition Of The Legal Holiday Which Would Include Paid Time Off As With Other Legal Holidays. In City Council, seconded by C. Drinkwater, referred to City Manager. So voted. C. Mercier requested process in recognizing the holiday. Manager Donoghue noted union issues surrounding the holiday in regards to different unions having different contract language that must be unified and budget would need adjustment increases to recognize the holiday. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) 14.6. C. Mercier - Req. City Mgr. Have Proper Department Investigate And Report To City Council The Situation On Maple Street Concerning A Masonry Company’s Sifting Of Dirt And Excessive Noise. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Mercier noted the neighborhood concern with dust and noise and they are just looking for relief. Manager noted that there is a cease and desist order on the operation. 14.7. C. Conway - Req. City Mgr. Evaluate The Feasibility Of Returning To Weekly Yard Waste Pick-Up During The Growing Season (July And August). In City Council, seconded by C. Elliott, referred to City Manager. So voted. C. Conway noted several request of citizens for added pickups. 14.8. C. Conway - Req. City Mgr. And The DPW Commissioner Provide An Updated Report Regarding The Plan To Increase Surveillance In The Shedd Park Pollywog Pond Area; Plan To Address Illegal Dumping In Area And Plan To Preserve The Wildlife In Its Natural Environment. In City Council, seconded by C. Elliott, referred to City Manager. So voted. C. Conway commented on prior efforts and noted issues surrounding the pond area and that added signage should be placed in the area. Solicitor O’Connor noted discussion with DPW regarding signage. 14.9. C. Nuon - Req. City Mgr. Ask The Lowell Housing Authority For An Update Regarding The Zoning Change For Rivers Edge Development; Including Final Plans And Timelines. In City Council, seconded by C. Elliott, referred to City Manager. So voted. C. Nuon commented on the concern regarding density and there is a request for status on permits and timelines. C. Nuon noted matter should be referred to Housing SC after information provided. 14.10. C. Samaras/C. Noun - Req. Non-Profit Organizations SC Meet To Enable Local Non-Profits To Provide Input Regarding Distribution Of Funds Provided By The American Rescue Plan. In City Council, no second needed, referred to Non-Profit Organizations SC. So voted. Registered speaker, Tara Hong, addressed the body. C. Samaras noted organizations must be given opportunity for involvement. C. Nuon noted importance of organizations and the need to work within the established guidelines for distribution. 14.11. C. Samaras/C. Nuon - Req. City Mgr. Instruct Proper Department To Draft A Resolution In Support Of Senate Bill 2246 - An Act To Rebuild The Commonwealth’s Cultural Future. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) In City Council, no second needed, referred to City Manager. So voted. C. Samaras commented on the fund and the benefit of the covid relief money. C. Nuon noted the need to rebuild cultural element in the City the matter should be referred to Arts and Culture SC upon completion of report. 14.12. C. Samaras - Req. City Mgr. Provide A Report On What Steps Are Being Taken To Ensure That All Groups In The City Understand The Importance Of Receiving Vaccinations. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Samaras noted the need to develop programs so that all can get vaccinated and to afford people chance for the vaccination. 14.13. C. Samaras - Req. City Mgr. Provide Information Regarding How The Funds Provided By The American Rescue Plan Can Be Distributed; Ie. Regulations/Limitations. In City Council, seconded by C. Rourke, referred to City Manager. So voted. C. Samaras requested information regarding guidelines along with time frames. Manager Donoghue emphasized that regulations have yet to be formulated and the entire process will spread out over several years. 14.14. C. Rourke - Req. City Mgr., Human Resource Department And Council Have Discussion Concerning The Traffic Engineer Position As Well As The Consulting Firm Currently Attending To Traffic Matters Within The City. In City Council, seconded by C. Chau, referred to City Manager. So voted. C. Rourke noted need for outreach to fill position and the use of consultants to cover immediate needs. C. Conway noted there should not be a band aid approach and that a headhunter should be used to fill position. C. Elliott commented that consultants should not be hired to respond to motions. Manager Donoghue noted the many attempts to fill position and noted the challenges that were present. C. Rourke noted the need for action. Manager Donoghue commented that report will lay out many possible scenarios. 14.15. C. Chau - Req. City Mgr. Investigate Placing A “No Parking Here To Corner” Sign On Middlesex Street At The Corner Of Canton Street. In City Council, seconded by C. Drinkwater, referred to City Manager. So voted. C. Chau noted the need and inquired status of prior submissions and approvals for Wedge Street and Winthrop Street. 14.16. C. Chau - Req. Non-Profit Organizations SC Meet To Discuss And Review The Allowable Usage Guidance And Opportunities Utilizing Funds To Be Received By The City From The American Rescue Plan Act. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) In City Council, seconded by C. Nuon, Non-Profit Organizations SC. So voted. C. Chau noted it was a long process and there should be meetings throughout and focus on diverse use of funds. 14.17. C. Drinkwater - Req. City Mgr. Have Proper Department Install A Four-Way Stop Sign At The Intersection Of Havilah And Remington Streets. In City Council, seconded by C. Elliott, referred to City Manager. So voted. C. Drinkwater noted prior request as well as a change to review that request. 14.18. M. Leahy - Req. City Mgr. Have Director Of Elections Attend A City Council Meeting To Present (1) Requirements For Running For Lowell City Council And/Or School Committee; (2) Requirement For Sitting On An Appointed City Board; And (3) Making Suggestions On How To Make Sure These Requirements Are Compiled Going Forward. In City Council, seconded by C. Rourke, referred to City Manager. So voted. M. Leahy noted motion speaks for self. 15. ANNOUNCEMENTS In City Council, Manager Donoghue noted current election regulations will be available on June 1, 2021 and sent throughout the City. C. Rourke noted an Election Laws/Redistricting SC would be held to assist with informing the public. C. Elliott noted need to inform public as it will be confusing. Manager Donoghue commented on plan. C. Mercier questioned how to verify residency within districts and the City. Solicitor O’Connor commented on checks and balances. C. Mercier noted that the number of signatures to get on the ballot has not changed. 16. ADJOURNMENT In City Council, Motion to Adjourn by C. Rourke, seconded by C. Elliott. So voted. Meeting adjourned at 9:45 PM. _____________________________ Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov