City Council

Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk CITY COUNCIL MINUTES Date: December 5, 2023 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 (C. Robinson – Via Zoom), 1 absent (C. Yem). M. Chau presiding. 2. MAYOR'S BUSINESS 2.1. Communication Remote / Zoom Participation. In City Council, Motion “To accept and place on file” by C. Gitschier, seconded by C. Jenness. So voted. 2.2. Presentation - Lowell/Bamenda Sister-City Anniversary. In City Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Scott. So voted. M. Chau recognized the anniversary and presented citation. Mr. Fur Nde Nkimbeng addressed the body regarding Bamenda and presented gift. C. Mercier noted the original event. M. Chau recognized letter from the King of that country. 3. CITY CLERK 3.1. Minutes Of City Council Meeting July November 21st, For Acceptance. In City Council, Motion “To accept and place on file” by C. Jenness, seconded by C. Leahy. So voted. Motion by C. Jenness, seconded by C. Nuon to take Item #6.8 out of order. So voted.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk 4. GENERAL PUBLIC HEARINGS 4.1. Vote - MRF Vote FY2024. In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. Motion to Adopt by C. Jenness, seconded by C. Nuon. Adopted per Roll Call vote 10 yeas, 1 absent (C. Yem). So voted. C. Jenness requested information regarding the vote from the CFO. Conor Baldwin (CFO) outlined the MRF formula and the benefits to the residential taxpayers. 4.2. Ordinance - Amend Chap 227 By Adding New Article III. In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. Motion to Adopt by C. Drinkwater, seconded by C. Scott. Adopted per Roll Call vote 10 yeas, 1 absent (C. Yem). So voted. C. Mercier commented on the importance of the ordinance and how it has benefited the residential side. Yovani Baez-Rose (DPD) noted it was the same concept except on the commercial side. C. Mercier commented on property in disrepair on Andover Street. Shawn Machado (Asst. City Manager) noted that the property is on radar regarding clean-up. C. Jenness noted that the program would re-active some vacant spaces and questioned how program would be rolled out. Ms. Baez-Rose noted the program would be phased in beginning with downtown and that information has been forwarded to all parties. C. Jenness requested follow-up reports. C. Nuon noted program will help ease chronic vacancies. Manager Golden, Jr. noted that program lets businesses know that the City can help them and used Pop-Up Program as an example. 4.3. Ordinance - Amend Chap 56 By Adding Article VI. In City Council, Given 2nd Reading. Hearing Held. No Remonstrants. Motion to Adopt by C. Rourke, seconded by C. Gitschier. Adopted per Roll Call vote 10 yeas, 1 absent (C. Yem). So voted. C. Jenness commented on the effort regarding ordinance. 5. UTILITY PUBLIC HEARING 5.1. Boston Gas D/B/A National Grid - Request Installation Of 280 Foot Four Inch Plastic Main On Canal Street From Jackson Street To Middlesex Street.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk In City Council, Given 2nd Reading, hearing held. Speaking in favor was Curtis Davis (National Grid). No Remonstrants. Motion “To refer to Wire Inspector for report and recommendation” by C. Nuon, seconded by C. Mercier. So Voted. C. Gitschier questioned construction schedule and Mr. Davis indicated that it was not scheduled yet. C. Leahy questioned if work could be done during winter season. C. Jenness requested that charter school in the area be informed of any work. 5.2. National Grid - Request Installation Of Underground Electric Conduit On Morse Street To Improve Service To Lowell Housing Authority. In City Council, Given 2nd Reading, hearing held. Sam Eang (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. Leahy. So Voted. C. Gitschier questioned timetable and Mr. Eang indicated that it has not been schedule. C. Leahy noted working during winter. C. Gitschier commented that it was not beneficial to do winter work and that National Grid should be more cognitive of their scheduling. 5.3. National Grid - Request Installation Of Underground Electric Conduit On Doanne Street To Improve Service To Lowell Housing Authority. In City Council, Given 2nd Reading, hearing held. Sam Eang (National Grid) spoke in favor of the petition. No Remonstrants. Motion “To refer to Wire Inspector for report and recommendation” by C. Jenness, seconded by C. Mercier. So Voted. C. Gitschier questioned timetable and Mr. Eang indicated that it would begin in April. 6. CITY COUNCIL - MOTIONS 6.1. C. Gitschier - Req. City Mgr. Look Into Adding A Left Arrow To The Existing Signal Located At Chelmsford Street And Industrial Avenue Heading West On Chelmsford Street Towards Chelmsford. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Gitschier noted the area.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk 6.2. C. Gitschier - Req. City Mgr. Update The City Council On The Wi- Fi At The Senior Center. In City Council, seconded by C. Mercier, referred to City Manager. So voted. Motion by C. Scott, seconded by C. Nuon to take Item #6.4 with this item. So voted. C. Gitschier noted the many concerns and the use of the internet by the elderly. 6.3. C. Gitschier - Req. City Mgr. Update The City Council On Any Heating Issues In School Buildings And/Or Municipal Buildings With An Expected Timeframe For Repairs. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Gitschier noted the need for constant maintenance and the need to get information regarding problems as quickly as possible. 6.4. C. Scott - Req. City Mgr. Provide A Report On When The Internet Will Be Restored To The Senior Center. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Scott noted the need for internet for programs provided to the elderly. C. Mercier noted the issue is due to security after the cyber-attack. Manager Golden, Jr. noted that there is some access to the internet in the building and they are working on expanding that. C. Mercier questioned bus operations at the senior center. C. Jenness noted that the issue is with the infrastructure and that Comcast may be of assistance. 6.5. C. Scott - Req. City Mgr. Have All Open Work Order Reports Shared With The Municipal Facilities SC. In City Council, seconded by C. Leahy, referred to City Manager. So voted. C. Scott commented the report would assist with moving work forward. 6.6. C. Yem - Req. City Mgr. Have The Proper Department Re-Examine The Placement Of Stop Signs And The Stop/Yield Lines In Relation To Crosswalks Throughout The City. In City Council, referred to next meeting on December 12th, with no objection. Registered speaker, Tara Huong, addressed the body.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk 6.7. C. Leahy/C. Jenness - Req. City Council Discuss And Approve A Procedure To Fill A Vacant Council Position Opened During The Term. In City Council, no second needed, referred to City Manager. So voted. C. Jenness noted that there needs to be a clear understanding of the policy. C. Leahy noted that there needs to be clarity as some districts went unopposed. 6.8. C. Jenness/C. Nuon/C. Leahy/C. Drinkwater - Req. City Mgr. Have Proper Department Provide Report On Best Practices For Adding Censure Of A Member To The City Council Rules. In City Council, no second needed, referred to City Manager. Adopted per Roll Call vote 10 yeas, 1 absent (C. Yem). So voted. Registered speaker, Deb Belanger, addressed the Council, noting support of others in chamber. C. Jenness noted the speaker and the support and stated that censure is common in most legislative bodies. C. Nuon commented on the support and noted that censure ensures accountability. C. Leahy noted support and stated that there needs to be a code of conduct in the body. C. Drinkwater recognized the support and noted the body needs recourse to provide Council with a cause of action for bad behavior. M. Chau relinquish Chair to Vice Chair Gitschier at 6:58 PM. M. Chau supported the motion and stated the Council must send message regarding conduct of the body. C. Rourke requested roll call on the matter. Vice Chair Gitschier returned Chair to M. Chau at 7:05 PM. 6.9. C. Jenness - Req. City Mgr. Have Proper Department Explore The Possibility Of Creating An Emergency Winter Shelter For Single Adults Experiencing Homelessness Similar To What The City Of Worcester Is Doing With Their Former RMV Space. In City Council, seconded by C. Leahy, referred to City Manager. So voted. C. Jenness made note of a news report and commented that it should be reviewed. 6.10. C. Jenness - Req. City Mgr. Have Proper Department Investigate And Develop Ways To Increase Security Patrols In Downtown Garages.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk In City Council, seconded by C. Gitschier, referred to City Manager. So voted. C. Jenness commented on the uptick in instances and noted concerns of residents regarding security coverage. 6.11. C. Jenness - Req. City Mgr. Have Proper Department Investigate The Feasibility Of Creating An “Adopt A Drain” Program Similar To Other Municipalities To Help Keep Storm Drains Clear And Provide Report Back To The Council. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Jenness noted program was done in other communities and that it would assist the DPW. 6.12. C. Robinson - Req. City Mgr. Provide An Update On Implementation Of The 311 System. In City Council, Motion to Table by C. Drinkwater, seconded by C. Jenness. Adopted per Roll Call vote 7 yeas, 3 nays (C. Gitschier, C. Mercier, C. Robinson), 1 absent (C. Yem). So voted. Point of personal privilege given to C. Gitschier noted the need to do what is best for City and tabling motions is not in the best interest of the City. 6.13. C. Robinson - Req. City Mgr. Provide Update On Potential Business District Improvements To Bridge And Third Street Parking Lot. In City Council, Motion to Table by C. Jenness, seconded by C. Leahy. Adopted per Roll Call vote 7 yeas, 3 nays (C. Gitschier, C. Mercier, C. Robinson), 1 absent (C. Yem). So voted. Point of personal privilege given to C. Robinson who stated that these motions were important for the City. C. Leahy noted work is being done on these motions and has been for some time. 6.14. C. Robinson - Req. City Mgr. Provide Update On The City’s Status On Winter Operations Preparedness.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk In City Council, Motion to Table by C. Scott, seconded by C. Nuon. Adopted per Roll Call vote 7 yeas, 3 nays (C. Gitschier, C. Mercier, C. Robinson), 1 absent (C. Yem). So voted. 6.15. C. Robinson - Req. City Mgr. Update Council On Any Potential Parking Locations In The Denser Neighborhoods For Winter Operations. In City Council, Motion to Table by C. Nuon, seconded by C. Leahy. Adopted per Roll Call vote 7 yeas, 3 nays (C. Gitschier, C. Mercier, C. Robinson), 1 absent (C. Yem). So voted. 6.16. C. Robinson - Req. City Mgr. Provide Update To Leaf Removal Operations In All Public Green Space. In City Council, Motion to Table by C. Drinkwater, seconded by C. Jenness. Adopted per Roll Call vote 7 yeas, 3 nays (C. Gitschier, C. Mercier, C. Robinson), 1 absent (C. Yem). So voted. Point of personal privilege given to C. Mercier who stated that all individuals have certain rights which should not be denied and that only one side of story has been told. C. Gitschier commented on Open Meeting Law violations regarding motions and that all personnel matters should be discussed in executive session. 7. COMMUNICATIONS FROM CITY MANAGER 7.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. Nuon, seconded by C. Mercier. So voted. A) Motion Response - ARPA Funding Proposals – C. Nuon noted report and requested it be posted on website. Brendan Flynn (ARPA Mgr.) noted the report will be posted after this review by the Council. C. Gitschier commented that a lot of money was distributed and there was good interaction with the public throughout the process. C. Jenness was impressed by list of grantees and noted the City is helping those who help the City. C. Robinson noted the process was fair and available to all. C.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk Jenness questioned when funds would be available. Mr. Flynn oultined the procedure for payments. B) Motion Response - Shared Financial Burden – C. Nuon requested the recommendation be forwarded to State delegation to develop similar regulation. C) Motion Response - Elm and Chapel St. - C. Jenness noted it was a congested area and that new lower speed limit will increase safety. C. Leahy noted that there needs to be more action on traffic measures and other options should be explored. Elizabeth Oltman (Transportation Engineer) noted study of the entire neighborhood is continuing with changes being proposed. C. Gitschier lauded the work of the Transportation Engineer and the constraints on her decisions. D) Motion Response - Lawrence and Moore St. - C. Scott noted residents' concerns and that recommendations should be followed. C. Leahy questioned if parking restrictions are flexible. C. Rourke noted the issue is with the site lines at certain intersections. E) Motion Response - Arcand and Merrimack St. - C. Mercier noted timing adjustment to lights may resolve the issue. Ms. Oltman noted there are several signals in the City that will be reviewed. F) Motion Response - Multi Purpose Educational Space for Schools – C. Gitschier noted the advantages for the schools. Manager Golden, Jr. noted that the RFP is pending. C. Scott questioned if leases will be affected with new direction. Mr. Baldwin noted that leases are not an issue and that there will be cost savings with this approach. 7.2. Informational Reports Informational Report - ARPA Facilities Renovation and Rehabilitation – Mr. Flynn noted the handout and outlined the facilities being improved. Manager Golden, Jr. commented on the report and the effort of the department.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk Informational Report - FY24 Lowell MRF Hearing Presentation – Mr. Baldwin noted report was presented during public hearing. Informational Report - Pawtucketville Memorial School - Manager Golden, Jr. noted it was an in-depth report and outlined work being done and moving forward. C. Gitschier commented on heating and cooling systems failure. Paul St. Cyr (DPW) noted repairs and status of upcoming repairs. C. Gitschier noted that delays in the job were not warranted and that problems have existed for a while. C. Leahy noted the team is in place to get work completed and that they should be afforded the opportunity. C. Mercier commented on upcoming joint meeting and requested personnel to be present. Informational Report - Update on Migrant Situation – Manager Golden, Jr. commented on current situation and noted he would be providing any changes to the Council. Motion to bundle Items #7.3 and #7.4 by C. Nuon, seconded by C. Drinkwater. So voted. 7.3. Communication - Reappointment Of Suzanne Frechette To Library Board Of Trustees. In City Council, Motion “To adopt” by C. Nuon, seconded by C. Mercier. Adopted per Roll Call vote 9 yeas, 2 absent (C. Yem, C. Robinson). So voted. So Voted. 7.4. Communication - Appointment Of Lynda Clark To Election Commission. In City Council, Motion “To adopt” by C. Nuon, seconded by C. Mercier. Adopted per Roll Call vote 9 yeas, 2 absent (C. Yem, C. Robinson). So voted. So Voted. 7.5. Communication - City Manager Request Out Of State Travel (1) LPD.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk In City Council, Motion “To adopt” by C. Nuon, seconded by C. Gitschier. Adopted per Roll Call vote 9 yeas, 2 absent (C. Yem, C. Robinson). So voted. So Voted. Motion to bundle and waive second reading of Items #8.1 to #8.3, inclusive, by C. Nuon, seconded by C. Leahy. So voted. 8. VOTES FROM THE CITY MANAGER 8.1. Vote - Authorize CM Convey 32 Union Street. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Scott. Adopted by Roll Call vote 10 yeas, 1 absent (C. Yem). So voted. 8.2. Vote - Transfer $175,218 - Chapter 70 Supplemental Appropriations. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Scott. Adopted by Roll Call vote 10 yeas, 1 absent (C. Yem). So voted. 8.3. Vote- Accept/Expend $33,320 EMPG FY21 Funds – Fire. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Scott. Adopted by Roll Call vote 10 yeas, 1 absent (C. Yem). So voted. 9. ORDERS FROM THE CITY MANAGER 9.1. Order - 60 Day Trial. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Mercier, seconded by C. Drinkwater. Adopted by Roll Call vote 10 yeas, 1 absent (C. Yem). So voted. 10. ORDINANCES FROM THE CITY MANAGER 10.1. Ordinance - Create Performance Surety Deposit Revolving Fund. In City Council, Given 1st Reading, Motion “To refer to Public Hearing on January 2, 2024 at 7PM” by C. Mercier, seconded by C. Gitschier. So Voted.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk 11. REPORTS (SUB/COMMITTEE, IF ANY) 11.1. Economic/Downtown Development SC December 5, 2023. In City Council, C. Nuon requested report be put over until meeting on December 12th. No objections. 12. PETITIONS 12.1. Claims - (2) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Gitschier, seconded by C. Jenness. So voted. Motion to bundle Items #12.2 to #12.6, inclusive, by C. Jenness, seconded by C. Gitschier. So voted. 12.2. National Grid - Request Installation Of Upgraded Underground Conduit On McIntyre Street At Middlesex Street. In City Council, Given 1st Reading, Motion “To refer to Public Hearing on December 19, 2023 at 7PM” by C. Drinkwater, seconded by C. Jenness. So Voted. 12.3. National Grid - Request Installation Of A New Pole And Secondary Conductor On West Fourth Street. In City Council, Given 1st Reading, Motion “To refer to Public Hearing on December 19, 2023 at 7PM” by C. Drinkwater, seconded by C. Jenness. So Voted. 12.4. Boston Gas D/B/A National Grid - Request Installation Of 3 Vent Poles To Upgrade Gas Pressure Regulator At 20 Clark Road. In City Council, Given 1st Reading, Motion “To refer to Public Hearing on December 19, 2023 at 7PM” by C. Drinkwater, seconded by C. Jenness. So Voted. 12.5. Misc. - Linda Gass Request Removal Of "Sticker Only" Parking Signs On Lafayette Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Drinkwater, seconded by C. Jenness. So voted.  Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4162 www.LowellMA.gov Michael Q. Geary City Clerk Angela M. Gitschier Assistant City Clerk 12.6. Misc. - Marlene Bonifacio Pena Request Removal Of Handicap Sign At 43 Whipple Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Drinkwater, seconded by C. Jenness. So voted. 13. ANNOUNCEMENTS In City Council, C. Mercier noted the Thrives Giving Event. Manager Golden, Jr. commented on Manora lighting and the culinary event, as well as, the City Hall holiday open house. 14. ADJOURNMENT In City Council, Motion to Adjourn by C. Rourke, seconded by C. Leahy. So voted. Meeting adjourned at 9:00 PM. ___________________________________ Michael Q. Geary, City Clerk