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 12, 2023 Time: 6:30 PM Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA/Zoom (Hybrid) 1. ROLL CALL Roll Call showed 11 present (C. Robinson – Via Zoom). M. Chau presiding. C. Mercier requested moment of silence in darkened chamber for Maria Kozombolis Lemay. C. Rourke noted the passing of Ms. Lemay. C. Yem commented about Ms. Lemay. M. Chau noted the long-standing establishment (Captain Johns) run by Ms. Lemay. M. Chau requested moment of silence in darkened chamber for Francis Keilty. 2. MAYOR'S BUSINESS 2.1. Communication Remote / Zoom Participation. In City Council, Motion “To accept and place on file” by C. Yem, seconded by C. Scott. So voted. 3. CITY CLERK 3.1. Minutes Of Economic/Downtown Development SC December 5th; City Council Meeting December 5th, For Acceptance. In City Council, Motion “To accept and place on file” by C. Jenness, seconded by C. Leahy. So voted. 3.2. Vote - Cancel Council Meeting 12.26.23.  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, Read twice, full reading waived without objection. Motion to adopt by C. Yem, seconded by C. Rourke. Adopted by Roll Call vote 10 yeas, 1 nay (C. Gitschier). So voted. C. Gitschier questioned process regarding meeting being cancelled and that it did not conform to Council rules. City Solicitor Williams commented on the vote. M. Chau noted that the vote is on the agenda and if not in favor of it then you could vote no. Clerk Geary commented on the process to polling members regarding cancelling meeting for certain circumstances. 4. CITY COUNCIL – MOTIONS 4.1. 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, seconded by C. Leahy, referred to City Manager. So voted. C. Yem provided presentation regarding measures to increase safety. C. Leahy noted that they are small and affordable corrections to increase safety. C. Gitschier noted that only solution in that area would be to eliminate the crosswalk. 4.2. C. Robinson - Req. City Mgr. Have The Proper Department Work With Surrounding Communities, The State Administration And Community Partners As Well As Utilizing Our Emergency Management Plan To Create Additional Winter Protocol Bed Opportunities. In City Council, Motion to table by C. Drinkwater, seconded by C. Yem. Adopted per Roll Call vote 8 yeas, 3 nays (C. Gitschier, C. Mercier, C. Robinson). So voted. C. Robinson was granted a point of personal privilege upon request and commented on the motion. M. Chau questioned the scope of the privilege. 4.3. C. Robinson - Req. City Mgr. Provide An Update On Status On Filling The Vacant Director Of Human Resources Position.  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. Leahy, seconded by C. Jenness. Adopted per Roll Call vote 8 yeas, 3 nays (C. Gitschier, C. Mercier, C. Robinson). So voted. 4.4. C. Nuon - Req. City Mgr. Provide City Council With A Report Concerning The Number Of Positions In The City Dedicated To Oversight And Compliance With The City’s Tax Increment Financing (TIFs) And Tax Increment Exemptions (TIEs). In City Council, seconded by C. Rourke, referred to City Manager. So voted. C. Nuon noted that the agreements must be in place and supervised to be beneficial. 4.5. C. Nuon - Req. City Mgr. Provide City Council With A Report Concerning Strategies The City Can Employ To Generate Revenues From Its Excess Properties; Including Properties Received Through Tax Title. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Nuon noted that there should be searching for many sources of revenue, including tax taking revenues. C. Jenness questioned status of tax auctions in the City. Conor Baldwin (CFO) noted that auctions were delayed due to recent Court decisions. C. Yem noted prior motions discussing this issue and requested status on same. 4.6. C. Nuon - Req. City Mgr. Work With State Delegation To File A Bill, Similar To SB110 (An Act Relative To Residency Status), Passed By The New Hampshire State Senate In August 2023, That Requires Municipalities To Coordinate Assistance Options With Other Municipalities When It Is Determined Unreasonable For A Person To Physically Return To The Municipality Of Origin. In City Council, seconded by C. Scott, referred to City Manager. So voted. C. Nuon noted concern of influx of homeless from other communities and that these communities must share in the costs associated with the homeless.  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 4.7. C. Gitschier - Req. City Mgr. Provide An Update On Implementation Of The 311 System. In City Council, Motion to remove from the table by C. Gitschier, seconded by C. Mercier. Adopted per Roll Call vote 10 yeas, 1 nay (C. Leahy). So voted. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Gitschier requested status report. 5. COMMUNICATIONS FROM CITY MANAGER 5.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Mercier. So voted. A) Motion Response - Federal and State Housing Funding – C. Nuon made note of the report. Yovani Baez-Rose (DPD) commented on the funding elements involved. C. Nuon questioned working with private developers. Manager Golden, Jr. commented on the private use of funding noting the many compliance checks used. C. Jenness noted the report needed more detail to illustrate the money being put to work. Manager Golden, Jr. commented that such a report can be manifested indicating what the money is being used for. C. Yem commented on the monitoring of the programs and the qualifications needed to be part of the programs. B) Motion Response – AHO – C. Jenness indicated he was looking forward to the presentation of the plan. Manager Golden, Jr. provided timeline for when housing production plan would be presented. C. Yem questioned type of proposed zoning changes. Ms. Baez-Rose noted that the entire zoning code will be revisited through Lowell Master Plan. C. Scott questioned the number of housing units currently in the pipeline.  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 5.2. Informational Reports. Informational Report - CD Overview – Aaron Fox (WasteWater) provided presentation entitled “EPA Regulatory Requirements Lowell Consent Decree”. Mr. Fox outlined following topics: CSO definition; consent decree; history; projects; mandates; Centralville plan; capital planning; and outreach. Motion by C. Jenness, seconded by C. Mercier to bundle and move forward Items #6.4; #6.5; and #8.1. So voted. C. Jenness questioned if towns using the City services would have to contribute to costs associated with overflow plans. C. Gitschier commented on current testing of the system. Mr. Fox outlined the results of that testing. C. Gitschier noted current work would not alleviate the issue and that much more work and money will be needed. C. Gitschier questioned the civil penalty assessed. Atty. John McKenna (Asst. City Solicitor) outlined the negotiations regarding the penalty. C. Mercier questioned work to be done in the Douglas Road area. Mr. Fox outlined that future work. Informational Report - ARP Presentation - Manager Golden, Jr. Noted the accelerated plan with the MSBA and the support of the State delegation. Motion to take Item #7.1 out of order by C. Drinkwater, seconded by C. Yem. So voted. Motion by C. Nuon, seconded by C. Jenness to bundle and waive second reading for Items #6.1; #6.2; #6.3; #6.6; and #6.7. So voted. 6. VOTES FROM THE CITY MANAGER 6.1. Vote - Accept/Expend $75,624 EOPSS Grant – Fire. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Scott. Adopted by Roll Call vote 11 yeas. So voted. 6.2. Vote - Amend JAM Plan - 20 Favor Street. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Scott. Adopted by Roll Call vote 11 yeas. So voted. C. Mercier noted it is best use of this parcel.  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 6.3. Vote - Approve Exemption Of Evelyn Lally MGL C.268A S.20. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Scott. Adopted by Roll Call vote 11 yeas. So voted. 6.4. Vote - EPA Consent Decree. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Jenness, seconded by C. Mercier. Adopted by Roll Call vote 11 yeas. So voted. 6.5. Vote - Transfer $200k - EPA Consent Decree. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Jenness, seconded by C. Mercier. Adopted by Roll Call vote 11 yeas. So voted. 6.6. Vote - Transfer $180K - Wastewater Wages. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Scott. Adopted by Roll Call vote 11 yeas. So voted. 6.7. Vote - Transfer $608,691 - Administrative Employee Wage Adjustments. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Scott. Adopted by Roll Call vote 8 yeas, 3 abstain (C. Gitschier, C. Mercier, C. Yem). So voted. C. Gitschier, C. Mercier and C. Yem recused themselves due to possible conflict of interest. Manager Golden, Jr. noted the adjustments benefit the employees and retaining them.  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 7.ORDERS FROM THE CITY MANAGER 7.1. Loan Order - MSBA Accelerated Repair Program. In City Council, Given 1st Reading, Motion “To refer to Public Hearing on January 2, 2024 at 7PM” by C. Drinkwater, seconded by C. Yem. So voted. Registered speaker, Jonathan Grossman, addressed the Council. Manager Golden, Jr. noted that the MSBA dictates the program as well as the capacity of the grid. C. Gitschier questioned time frame to spend money and if ARPA funding was available. Manager Golden, Jr. noted that ARPA would have to be investigated and that there is possible use of ESSER monies. Mr. Baldwin noted that City would be reimbursed 75% of the costs. C. Jenness noted this a clear bath for better schools and an environmental path can be explored as well. 8. ORDINANCES FROM THE CITY MANAGER 8.1. Ordinance - Amend Chapter 272 Water And Sewer Article X. In City Council, Given 1st Reading, Motion “To refer to Public Hearing on January 2, 2024 at 7PM” by C. Jenness, seconded by C. Mercier. So voted. 9. REPORTS (SUB/COMMITTEE, IF ANY) 9.1. Economic/Downtown Development SC December 5, 2023. In City Council, C. Nuon provide report outlining attendance and discussion regarding the development of the Hamilton Canal Innovative District. Motion by C. Scott, seconded by C. Jenness to accept the report as a report of progress. So voted. Motion to bundle Items #9.2 to #9.4, inclusive, by C. Scott, seconded by C. Yem. So voted. 9.2. Wire Insp. - 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, Motion to adopt and accept the accompanying order by C. Nuon, seconded by C. Yem. So voted. 9.3. Wire Insp. - National Grid - Request Installation Of Underground Electric Conduit On Morse Street To Improve Service To Lowell Housing Authority. In City Council, Motion to adopt and accept the accompanying order by C. Nuon, seconded by C. Yem. So voted. 9.4. Wire Insp. - National Grid - Request Installation Of Underground Electric Conduit On Doanne Street To Improve Service To Lowell Housing Authority. In City Council, Motion to adopt and accept the accompanying order by C. Nuon, seconded by C. Yem. So voted. 10. PETITIONS 10.1. Claim - (1) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Drinkwater, seconded by C. Gitschier. So voted. 10.2. Misc. - Brooke Forgetta Request Permission To Address City Council Regarding Migrant Issues. In City Council, Ms. Forgetta addressed the Council. 11. ANNOUNCEMENTS In City Council, C. Leahy invited Councilor-Elect John Descoteaux to final meeting. Manager Golden, Jr. commented on success of past events and noted last yard waste pick-up. M. Chau noted upcoming event.  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. ADJOURNMENT In City Council, Motion to Adjourn by C. Scott, seconded by C. Rourke. So voted. Meeting adjourned at 8:30 PM. ___________________________________ Michael Q. Geary, City Clerk