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: June 14, 2022 Time: 6:30 PM Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA / Zoom (Hybrid) 1. ROLL CALL Roll Call showed 10 present, 1 absent (C. Leahy). M. Chau presiding. C. Rourke requested moment of silence in darkened chamber for Robert Vivier. M. Chau noted the deaths of victims from Lowell regarding recent drowning in Merrimack River. 2. MAYOR'S BUSINESS 2.1. Communication Remote / Zoom Participation: Meetings Will Be Held In Council Chamber With Public Welcome And By 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). 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. Yem, seconded by C. Scott. So voted. 2.2. Recognition/Citation/Presentation: 1. Citation - LHS JR. ROTC; 2. Presentation - Juneteenth Event; 3. Citation - Robert Boehm; 4. Recognition - Monk Traditional Council (Fru Nkimbeng) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 11) In City Council, Motion “To accept and place on file” by C. Nuon, seconded by C. Mercier. So voted. LHS JR. ROTC presented colors during the National Anthem. M. Chau presented citation on the Master Sergeant of the unit who thanked the body for the recognition. Christa Brown commented on the many events scheduled for Juneteenth Day in the City. M. Chau presented citation to Robert Boehm who thanked the Council. Fru Nkimbeng commented on communication from the Monkon Traditional Council recognizing Sister City status with Lowell. M. Chau read the letter into the record. 3. CITY CLERK 3.1. Minutes Of City Council Meeting May 31st, For Acceptance. In City Council, minutes read, Motion “To accept and place on file” by C. Jenness, seconded by C. Drinkwater. So voted. 4. UTILITY PUBLIC HEARING 4.1. National Grid - Request Replacement Of 4-Inch Regulator Station On Lakeview Avenue. In City Council, Given second reading, hearing held, no remonstrants. Motion to refer to Wire Inspector for report and recommendation by C. Rourke, seconded by C. Robinson. So voted. 4.2. National Grid - Request Installation Of 7 Feet Of Gas Main Along Dalton Street. In City Council, Given second reading, hearing held, no remonstrants. Motion to refer to Wire Inspector for report and recommendation by C. Robinson, seconded by C. Nuon. So voted. Motion by C. Robinson, seconded by C. Rourke to take all Items in Motion Responses (#5.1) at the end of the agenda. So voted. Motion to bundle, accept and place on file Items #5.1(A) to #5.1(S), inclusive, by C. Robinson, seconded by C. Rourke. So voted. 5. COMMUNICATIONS FROM CITY MANAGER 5.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. Robinson, seconded by C. Rourke. So voted. (A) Motion Response - COVID-19 Wastewaster Surveillance (B) Motion Response - Minimum Wage (C) Motion Response - Executive Director of Water (D) Motion Response - Electric Vehicle Charging Stations Map and Locations (E) Motion Response - Suffolk and Broadway Street City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 11) (F) Motion Response - Traffic on Concord Street from Church Street to Rogers Street (G) Motion Response - Crosswalks on Rogers Street (H) Motion Response - Traffic study High-East Merrimack (I) Motion Response - June Street No Parking on One Side (J) Motion Response - Lowell Area Gas Modernization Program - LAGMP (K) Motion Response - Overhead Traffic Light Situation Intersection Andover and High Street (L) Motion Response - Adopting Island In Cambodian Town (M) Motion Response - Community Outreach and Education Completed Around Littering and Future Plans (N) Motion Response - Inspections and Maintenance for Metal Sidewalks Over Vaults (O) Motion Response - All Hands On Deck Task Force To Update Schools and Facilities Over Summer Break (P) Motion Response - City Ball Field Maintenance (Q) Motion Response - Report On Maintenance of the Riverwalk Area (R) Motion Response - Update on Wall Repairs to McPherson Park (S) Motion Response - Brush and Overgrowth - Gorham Street 5.2. Communication - Resignation Of Mark Paton From Election Commission. In City Council, Motion “To accept and place on file” by C. Jenness, seconded by C. Gitschier. So voted. 5.3. Communication - Resignation Of Weston Standish From Conservation Commission. In City Council, Motion “To accept and place on file” by C. Scott, seconded by C. Nuon So voted. Motion to bundle and waive second reading Items #6.1 to #6.6, inclusive, and Item #6.8 by C. Mercier, seconded by C. Yem. So voted. 6. VOTES FROM THE CITY MANAGER 6.1. Vote - Approve The 2023 Community Preservation Fund Budget. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Robinson, seconded by C. Scott. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. 6.2. Vote - Authorize CM Ex. Lease Agreement With Portuguese American Youth Center, Inc. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Robinson, seconded by C. Scott. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 11) 6.3. Vote – Authorize CM Ex. License Agr With Lowell Fire Fighters Assoc - Sidewalk Seating. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Robinson, seconded by C. Scott. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. 6.4. Vote - Authorize CM Ex. Temporary Access Agreement With Lowell Litter Krewe - Gold Star Park. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Robinson, seconded by C. Scott. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. Registered speaker, Brad Buitenhuys, addressed the Council. 6.5. Vote - Authorize CM. Ex. License Agreement With UnWrapped, Inc. - 294 School St. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Robinson, seconded by C. Scott. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. C. Yem noted the area and the use of the lot by a company for its employees, noting the company was a good corporate neighbor. 6.6. Vote - Authorize School Dept. Ex. Lease Agreement With Bon Marche Trust. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Robinson, seconded by C. Scott. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. C. Yem commented on the location and that City should look to own buildings to avoid leasing them in order to cut costs. Manager Golden, Jr. noted there were current discussions regarding that issue. 6.7. Vote - FY2023 Appropriation Order. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Drinkwater, seconded by C. Mercier. Adopted per Roll Call vote 8 yeas, 2 nays (C. Gitschier, C. Nuon), 1 absent (C. Leahy). So voted. 6.8. Vote -Transfer Funds For Law - Workers Comp. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Robinson, seconded by C. Scott. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 11) 7. RESOLUTIONS 7.1. Resolution - Gun Violence Awareness Day. In City Council, Read twice, full reading waived with no objections. Motion to adopt by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. C. Nuon noted resolution was in order to remain every year. C. Yem noted the importance of developing plans to address the issue. 8. REPORTS (SUB/COMMITTEE, IF ANY) In City Council, none. 9. PETITIONS 9.1. Claims - (3) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Robinson, seconded by C. Nuon. So voted. 9.2. Misc. - Gerry Emond Request City Council Abandon Castle Road Ext. (Paper Street). In City Council, Motion to refer to Law Department for report and recommendation by C. Jenness, seconded by C. Drinkwater. So voted. 10. CITY COUNCIL - MOTIONS 10.1. C. Gitschier - Req. City Mgr. Have The Proper Department Look Into Opening The Cawley Stadium Track For Walking During The Hours Of 7 Am To Noontime, Monday Through Friday, With Closings On Holidays. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Gitschier noted it was a safe options for those walking area. 10.2. C. Gitschier - Req. City Mgr. Provide City Council On The Enforcement Of Purchasing Municipal Vehicles That Meet The Green Communities Initiative. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Gitschier noted oversight was needed to ensure compliance with initiatives and that smaller vehicles would better suit the program. C. Robinson noted some of the vehicles should be electric to reduce costs. C. Yem noted some larger vehicles could be hybrids as well. 10.3. C. Gitschier - Req. City Mgr. Provide The City Council With Electricity Cost Increases By Department Over The Last Two Fiscal Years. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Gitschier noted information should be analyzed to save costs. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 11) 10.4. C. Robinson/C. Gitschier - Req. City Mgr. Look Into Feasibility Of Utilizing CPA Funds To Acquire And Preserve The Apple Orchard Near Llewelyn Street. In City Council, no second needed, referred to City Manager. So voted. C. Robinson noted request came from neighborhood who are seeking open space. 10.5. C. Robinson - Req. City Mgr. Work With School Superintendent To Review And Update Current Facility Safety Status And Protocol. In City Council, seconded by C. Yem, referred to City Manager. So voted. 10.6. C. Robinson - Req. City Mgr. Work With Proper Departments To Identify Key Corridors To The Districts And Look Into Feasibility Of A Flag Program That Can Help Identify Cultures And Identities Of Each District. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Robinson noted constituent request to instill pride in the neighborhoods. 10.7. C. Robinson - Req. City Mgr. Look Into Reducing Parking Fees In Garages For Business Owners And Their Employees. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Robinson noted the need by the small business owners. 10.8. C. Robinson - Req. City Mgr. Have Proper Department Look Into Potential Traffic Calming Measures At Cumberland And Ludlum Streets, An Area That Cars Frequently Run The Existing Stop Sign. In City Council, seconded by C. Rourke, referred to City Manager. So voted. Registered speaker, Joseph Boyle, addressed the Council. C. Robinson noted his agreement with the speaker. 10.9. C. Robinson - Req. City Mgr. Have Proper Department Address The Collapsed Sewer Cover At 90 Lincoln Street. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Robinson noted issue may have already been addressed. 10.10. C. Robinson - Req. City Mgr. Have Proper Department Look Into Potential Traffic Calming Measures At Hildreth And Ludlum Streets, An Area That Cars Frequently Run The Existing Stop Sign And Use This Stretch As A Race-Track. In City Council, seconded by C. Scott, referred to City Manager. So voted. C. Robinson noted the request from resident. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 11) 10.11. C. Robinson - Req. City Mgr. And City Council Begin Exploring The Feasibility Of Implementing Local Government Metric Software Similar To The City Of Boston. In City Council, seconded by C. Drinkwater, referred to City Manager. So voted. C. Robinson noted options were available. 10.12. C. Robinson/C. Mercier- Req. City Council Declare “Racism Leads To Crisis” And Make Commitments Into Some Key Areas. In City Council, no second needed, Motion to amend by C. Gitschier, seconded by C. Drinkwater to declare racism a public health crisis and to continue to make commitments and investments into key areas; specifically, education/training; public health; social/economic equity; and growing generational wealth. Adopted as amended by Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. The following registered speakers addressed the Council; Paul Riley; Michelle Rivera; Amy Greenwood; Susan West Levine; Julie Oum; Payton Gasper; Stacey Thompson; Johanna Davis; Sue Kim; Justin Ford; Sanary Phen; Yun-Ju Choi; Aleksandra Tugbiyele; Mary Wambui; and Korinka Brown. Motion by C. Scott, seconded by C. Rourke to suspend rules to allow unregistered speaker, Vincent Rush, to address the body. So voted. M. Chau recognized all of the speakers. C. Robinson noted the speakers and commented on prior resolution. C. Robinson noted motion was placed on agenda to gain support commented that Council may not agree on wording the work is still being done and there is a constant need for further work on the issue. C. Robinson noted he was not concerned with slogans but with work being done and the areas of commitment should be in education/training; public health; social/economic equity; and growing generational wealth. C. Robinson commented that the focus should be to benefit people. C. Mercier noted common goal is to stop hurting people. C. Mercier noted first resolution was divisive but that did not stop the work in correcting issues. C. Mercier noted current motion is a stop forward in correcting racism. C. Mercier noted sometimes no matter what may be said will not be right for all people. C. Yem noted the speakers and stated that racism is present and prevalent and is supportive of the language as proposed so that matter is being pursued but it takes time. C. Gitschier commented that during his campaign he noted racism is a public health crisis and requested motion be amended to reflect that. C. Gitschier noted disappointment for those who left Chamber but stated that declare matter a public health issue and continue working on it. Makers of the motion did not support request and that it should stand as proposed. C. Drinkwater noted prior resolution which he supported and noted his support for current motion but stated that it appears the community was not so supportive and that he would entertain amending motion to declare racism as a public health crisis. Amendment has indicated above was put on the floor for consideration. C. Scott supported amendment and noted ample data to indicate that racism is a public health crisis. C. Nuon noted speakers and commented that racism is a public health crisis then and now. C. Nuon noted declaring it does not mean City is racist. C. Robinson noted his only concern is with action and commitment to working on above key area and any change in language should include that commitment. C. Jenness noted he would support defeating racism as best as City can do by any means. C. Rourke requested clarity on the amended motion. City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 11) read proposed motion. M. Chau noted this is an example of a community working with elected officials and elected officials working with each other. C. Mercier recognized public health crisis noting she has not experienced racism but does not it exists. Motion to Waive Rule 5 by C. Rourke, seconded by C. Mercier. Adopted per Roll Call vote 10 yeas, 1 absent (C. Leahy). So voted. Motion to suspend rules to take Items #10.13; 20; 24; and 28 out of order as there are registered speakers with these items by Nuon, seconded by C. Rourke. So voted. 10.13. C. Robinson/C. Drinkwater - Req. City Council Begin Conversations Around Zoning And ADU’s With Focus On Potential Increase In Housing Stock. In City Council, no second needed, referred to City Manager. So voted. Following registered speakers addressed the Council: Joseph Boyle; Thayer Eastmen; Brian Meade; Sean Mahoney-Pierce; and Carl Howell. C. Robinson recognized speakers and noted issue has been on table for a while. C. Drinkwater noted need to ease housing shortages in the City and throughout Commonwealth. C. Drinkwater noted it is a first step and will not fully correct the shortage but should be instituted with proper regulations. Motion by C. Drinkwater, seconded by C. Yem to refer matter to Joint Housing and Zoning SC. So voted. C. Yem noted prior report from DPD regarding density in the City. C. Nuon commented on prior motions and that a group conversation with interested parties can resolve some issues. C. Rourke noted restrictions could be utilized to assist all neighbors but should not be used just to prevent adding the units. C. Rourke noted conversations can be had with legitimate neighborhood groups. C. Gitschier noted affordable housing is tough during this market and discussions should also focus on quality of life issues. C. Jenness noted not one thing will resolve the issue and that there should be a discussion in City to discuss strategies. 10.14. C. Scott/C. Rourke/C. Robinson - Req. City Mgr. Have The DPD Look Into Ordinance To Increase Cap For Marijuana Dispensaries. In City Council, referred to June 28, 2022 City Council Meeting. 10.15. C. Scott - Req. City Mgr. Provide A Report Of The Energy Output That Has Been Generated From Each Of The City’s Solar Sites And Whether They Are All Performing Above Expectations. In City Council, referred to June 28, 2022 City Council Meeting. 10.16. C. Scott - Req. City Mgr. Provide A Report That Contains A List Of The City- Owned Properties That Are Available To Be Sold Or Leased. In City Council, referred to June 28, 2022 City Council Meeting. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 11) 10.17. C. Scott - Req. City Mgr. Provide An Update On Tax Title Sales Auctions That Have Been Implemented Or Will Be Implemented This Year. In City Council, referred to June 28, 2022 City Council Meeting. 10.18. C. Scott - Req. City Mgr. Provide A Recommendation From The Appropriate Department On Implementing A Vacancy Tax On Both Residential And Commercial Properties. In City Council, referred to June 28, 2022 City Council Meeting. 10.19. C. Scott - Req. City Mgr. Provide A List Of Recommendations On Fee Increases That Should Be Implemented Across The City. In City Council, referred to June 28, 2022 City Council Meeting. 10.20. C. Scott - Req. City Mgr. Provide A Feasibility Report On Implementing A Sludge Plant Or Regional Sludge Plant In Lowell. In City Council, seconded by C. Nuon, referred to City Manager. So voted. Registered speaker, Yun-Ju Choi, addressed the body. C. Scott commented on potential revenue and get information to explore possibilities. C. Nuon noted revenue potential. C. Gitschier noted process is extremely expensive. 10.21. C. Scott - Req. City Mgr. Investigate The Feasibility Of Creating An Enterprise Fund For Trash/Recycling. In City Council, referred to June 28, 2022 City Council Meeting. 10.22. C. Scott - Req. City Mgr. Develop A Dashboard To Share The Expenditure Of ARPA Funds. In City Council, referred to June 28, 2022 City Council Meeting. 10.23. C. Mercier - Req. City Mgr. Find Ways And Means To Repair The Cement Walkway Around The Entrances To The Lowell Memorial Auditorium; Especially The Handicap Walkway Entrance Which Is In Dire Need Of Repairs. In City Council, referred to June 28, 2022 City Council Meeting. 10.24. C. Mercier - Req. City Mgr. Locate The Indian Maiden Statute Donated To The City By L.C. Howell By A Council Vote Dated February 9, 2021 Through A Revocable Trust, To Be Placed At The Corner Of Varnum Avenue And Pawtucket Boulevard And Schedule A Dedication. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 11) In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Mercier commented on history of statutes and noted time sensitivity as donor is aging. Registered speaker, Rodney Elliott, addressed the body. C. Mercier questioned Manager if anything pressing on remaining agenda and if not would refer remaining items to City Council Meeting of June 28, 2022. 10.25. C. Rourke - Req. City Mgr. Have The DPD And The LPD Look Into Feasibility Of A City Wide 25 Mile Per Hour Speed Limit. In City Council, referred to June 28, 2022 City Council Meeting. 10.26. C. Rourke - Req. City Mgr. Set A New School Building Committee. In City Council, referred to June 28, 2022 City Council Meeting. 10.27. C. Yem - Req. City Mgr. Have The Appropriate Department Update The Council On The Parking Kiosks And Parking Enforcement. In City Council, referred to June 28, 2022 City Council Meeting. 10.28. M. Chau/C. Gitschier - Req. City Mgr. Have Proper Department Investigate Potential Traffic Calming Measures For Traffic Travelling On Foster Street Between Princeton Blvd. And Middlesex Street. In City Council, no second needed, referred to City Manager. So voted. M. Chau described the street. 10.29. M. Chau - Req. City Mgr. Explore Installation Of A Security Camera In Cambodia Town. In City Council, referred to June 28, 2022 City Council Meeting. 10.30. M. Chau - Req. City Mgr. Look To Increase Community Policing In Cambodia Town And Cupples Square. In City Council, referred to June 28, 2022 City Council Meeting. 10.31. M. Chau - Req. City Mgr. Have Proper Department Look Into Improving The Park/Playground Next To The Greenhalge School. In City Council, referred to June 28, 2022 City Council Meeting. 10.32. M. Chau - Req. City Mgr. Have Proper Department Look Into Runoff Water On Boulevard Street That Has Damaged The Road. In City Council, referred to June 28, 2022 City Council Meeting. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 11) 10.33. M. Chau - Req. City Mgr. Have Proper Department Review And Consider Applying For The US Department Of Transportation Safe Streets And Roads For All (SS4A) Grants Which Can Be Used To Support Planning, Infrastructure, Behavioral And Operational Initiatives To Prevent Death And Serious Injury On Roads And Streets Involving All Roadway Users And Has A Per Award Ceiling Of $50,000,000.00 For 2022. In City Council, referred to June 28, 2022 City Council Meeting. 11. ANNOUNCEMENTS In City Council, none. 12. ADJOURNMENT In City Council, Motion to Adjourn by C. Mercier, seconded by C. Rourke. So voted. Meeting adjourned at 11:05 PM. ___________________________________ Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov