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 19, 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. M. Chau recognized Councilor-Elect John Descoteaux in the Chamber. 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 City Council Meeting December 12th, For Acceptance. In City Council, Motion “To accept and place on file” by C. Jenness, seconded by C. Leahy. So voted. 4. UTILITY PUBLIC HEARING 4.1. National Grid - Request Installation Of Upgraded Underground Conduit On McIntyre Street At Middlesex Street. In City Council, Given 2nd Reading, hearing held. No Remonstrants. Motion “To refer to Wire Inspector for report and recommendation” by C. Nuon, seconded by C. Gitschier. So Voted.4.2. National Grid - Request  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 Installation Of A New Pole And Secondary Conductor On West Fourth Street. In City Council, Given 2nd Reading, hearing held. No Remonstrants. Motion “To refer to Wire Inspector for report and recommendation” by C. Jenness, seconded by C. Leahy. So Voted. 4.3. 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 2nd Reading, hearing held. No Remonstrants. Motion “To refer to Wire Inspector for report and recommendation” by C. Gitschier, seconded by C. Leahy. So voted. C. Gitschier requested point of personal privilege and was accepted by M. Chau. C. Gitschier made complaint regarding use of Motion to Lay on Table by the body noting it was censuring the minority and that was not the purpose. C. Drinkwater disagreed with that assessment and noted that was not within in the scope of a personal privilege. M. Chau noted that the motion calls for no debate. C. Gitschier noted he was just protecting City from lawsuits. City Solicitor Corey Williams offered definition of laying on the table. M. Chau stated that they were censoring no one. C. Mercier commented on recent statements regarding matter surrounding C. Robinson and stated that all should be treated fairly. Motion by C. Yem, seconded by C. Scott to take Item #5.5 out of order. So voted. 5. CITY COUNCIL - MOTIONS 5.1. C. Mercier - Req. City Mgr. Find Ways And Means To Create A Law That Reads As Follows: In An Effort To Be Environmentally And  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 Humanly Safe, Homeless Camps Must Be More Than 100 Feet From Any Waterway. In City Council, seconded by C. Gitschier, referred to City Manager. So voted. C. Mercier noted concern for environment and the homeless. 5.2. C. Gitschier - Req. City Mgr. Look At Re-Evaluating The 9 Million Dollars In ARPA Neighborhood Improvement Funds And Invest Those Funds In School HVAC Systems. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Gitschier noted need to shift out projects so to improve systems and expend money quicker. C. Jenness noted concern for proactive approach as opposed to reactive. C. Jenness noted support for programs approved through extensive process. C. Robinson commented on need to prioritize so there needs to be flexibility and that the school priority should be heightened. C. Gitschier noted it was not about projects but about prioritizing the HVAC systems in the schools. C. Drinkwater expressed concern regarding prior process that used much public input to set projects. C. Nuon noted increased needs in the schools and that education needs to be protected and that there can be a balance in the process with neighborhood improvements. C. Rourke noted organizations have planned based upon current awards and that those projects should be protected. C. Leahy noted that schools have a plan and the personnel to implement it. M. Chau noted that money was committed and that there may be a balance with the increased priorities of the schools. 5.3. C. Nuon - Req. City Mgr. Have Proper Department Prepare An Assessment Of City-Owned Properties That Can Be Quickly And Efficiently Repurposed And Added To The Tax Role And Identify Those That Can Not Be Redeveloped. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Nuon noted need to increase revenues and that an inventory is important to identify best use of properties.  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 5.4. C. Nuon - Req. City Mgr. Create A Plan To Reconstruct The Bailey School Parking Lot Which Is In Need Of Milling, Overlay Restriping And Additional Spaces. In City Council, seconded by C. Gitschier, referred to City Manager. So voted. Registered speaker, Joe Boyle, addressed the Council via Zoom. C. Nuon commented on the remarks of the speaker causing further request to review of drainage swale on the property. 5.5. C. Yem - Req. City Mgr. Have Proper Department Draft A Comprehensive Language Access Plan For The City Of Lowell That Includes Access To A Language Line For City Departments As Well As Sustainable Funding For City Departments To Be Able To Translate Materials And Commit To Hiring Multilingual Staff. In City Council, seconded by C. Scott, referred to City Manager. So voted. Registered speakers, Tara Huong, Neary-Pheach Tho and Sothea Chiemroun, addressed the Council. C. Yem noted support need for the many residents in City with language barriers. C. Nuon noted this is an ongoing issue and commented on the comprehensive approach used in Long Beach, California. C. Jenness noted the need for access for all and that expansion of communications department would be beneficial. C. Mercier noted this is the peoples’ government and that all should be heard. C. Gitschier questioned if new 311 system will integrate translation services. Manager Golden, Jr. noted he would review that possibility, but more likely translation would be part of system and that the Lowell Police uses the language line. C. Yem noted that the translations must be qualified. Motion to suspend rules to allow neighborhood advocate to address body. So voted. 5.6. C. Jenness - Req. City Mgr. Provide Detailed Report To The Council Showing Vehicle / Pedestrian, Vehicle / Bicyclist And Other Similar Accidents Over The Last Five Years.  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. Scott, referred to City Manager. So voted. C. Jenness made note of increased pedestrian deaths and that collected data could guide us to safer measures. Motion to bundle Items #5.7, #5.8 and #5.9 by C. Jenness, seconded by C. Drinkwater. So voted. C. Robinson requested reason for bundling. City Solicitor Williams spoke to the request. 5.7. C. Robinson - Req. City Mgr. Provide An Update On What Measures Have Been Implemented To Curb Parking At Intersections. In City Council, seconded by C. Mercier, defeated per Roll Call vote 4 yeas, 7 nays (M. Chau, C. Drinkwater, C. Jenness, C. Leahy C. Nuon, C. Scott, C. Yem). So voted. Registered speaker, Dick Moloney, addressed the Council. C. Robinson noted the need to see action has been done. C. Leahy requested roll call on the bundled motions. 5.8. C. Robinson - Req. City Mgr. Have The Proper Department Explore Cost Of Bringing In Supplemental, Contracted Street Sweeping Services Twice Annually. In City Council, seconded by C. Mercier, defeated per Roll Call vote 4 yeas, 7 nays (M. Chau, C. Drinkwater, C. Jenness, C. Leahy C. Nuon, C. Scott, C. Yem). So voted. C. Robinson commented on the services alongside the CSO plans. 5.9. C. Robinson - Req. City Mgr. Work With Proper Department To Explore If Utilizing Snow Blower Attachments And Loading Trucks To Remove Snow In Dense Neighborhoods Would Be Beneficial For Winter Operations. In City Council, seconded by C. Mercier, defeated per Roll Call vote 4 yeas, 7 nays (M. Chau, C. Drinkwater, C. Jenness, C. Leahy C. Nuon, C. Scott, C. Yem). So voted. C. Robinson noted need for a fiscally responsible approach.  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 C. Leahy requested moment of silence in darkened chamber for Frank Kielty. 6. COMMUNICATIONS FROM CITY MANAGER 6.1. Motion Responses . In City Council, Motion “To accept and place on file” by C. Drinkwater, seconded by C. Leahy. So voted. A) Motion Response - Chelmsford St and Industrial Ave – C. Gitschier noted the report. B) Motion Response - Mammoth Rd and 4th Ave – C. Rourke stated the report addressed the concerns of the residents. C) Motion Response - Additional Crosswalks – C. Scott noted the report. D) Motion Response - School Committee Traffic Calming – M. Chau noted the report. E) Motion Response - Cross Street at Suffolk Street – M. Chau noted the report. F) Motion Response - Chase, Maple, Keene, Christman, Suttle, Watson and Western Ave – C. Yem commented on work on Western Avenue. City Engineer, Ting Chang commented on the contracts for the projects. C. Yem made note of construction on Broadway Street. C. Rourke questioned process for accepting streets. Ms. Chang commented on the laws regarding acceptance of streets. C. Rourke noted that more accepted streets there are then more money State provides. Ms. Chang indicated some costs to repair may be too high. C. Gitschier noted to receive Chapter 90 funds certain criteria must be met. C. Leahy noted that Western Avenue needs sidewalks to be properly repaired. C. Leahy questioned status to Garden Road. Ms. Chang noted that area was in line for a wastewater infrastructure project. G) Motion Response - Update Boards and Commissions – C. Nuon noted  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 it was a comprehensive report and that there are many vacancies that need to be filled. C. Nuon requested update to the report with DEI information included. C. Nuon noted alternate members need to be filled as well. Manager Golden, Jr. noted the vacancies and there reaching out for candidates. C. Gitschier questioned existence of the Water Board, noting that there must be three members assigned. C. Jenness indicated that there should be a proactive, aggressive approach to recruit candidates for the vacant positions. 6.2. Communication - Resignation Of Various Members From Lowell Cultural Council . In City Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Nuon. So voted. The following resignations were accepted: Jerry Bisantz; Wendy Siegal-Botti; Britton Boughner; Olu Ibraham; Bianca Mauro; and Joseph Pyne. Motion to bundle and waive second reading Items #7.1 to #7.5, inclusive, by C. Yem, seconded by C. Rourke. So voted. 7. VOTES FROM THE CITY MANAGER 7.1. Vote – Accept Gift Of $2,000 From Digital Credit Union . In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Nuon. Adopted by Roll Call vote 11 yeas. So voted. C. Mercier noted partnership and requested thank-you letter be sent. 7.2. Vote – Accept/Expend $180,825 FY2024 Staffing Grant – LPD. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Nuon. Adopted by Roll Call vote 11 yeas. So voted. C. Mercier noted award to the LPD and that it would help with increase in patrols.  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 7.3. Vote - Accept/Expend $47,499 FY24 Edward Byrne Memorial Justice Assistance Grant . In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Nuon. Adopted by Roll Call vote 11 yeas. So voted. 7.4. Vote - Accept/Expend $474,078 FR-CARA Grant . In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Nuon. Adopted by Roll Call vote 11 yeas. So voted. 7.5. Vote – Accept/Expend $5,000 Mass State Police Grant – LPD. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Rourke, seconded by C. Nuon. Adopted by Roll Call vote 11 yeas. So voted. 7.6. Vote - Approve Exemption Of Haley Rourke MGL C.268A S.20 . In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Gitschier, seconded by C. Jenness. Adopted by Roll Call vote 11 yeas. So voted. C. Rourke recused self from discussion and vote due to possible conflict. 8. ORDERS FROM THE CITY MANAGER 8.1. Order - 60 Day Trial . 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.  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 9. ORDINANCES FROM THE CITY MANAGER 9.1. Ordinance - Amend Chapter 9 By Creating Diversity, Equity, Inclusion, And Belonging Committee . In City Council, Given 1st Reading, Motion “To refer to Public Hearing on January 9, 2024 at 7PM” by C. Drinkwater, seconded by C. Leahy. So voted. 10. REPORTS (SUB/COMMITTEE, IF ANY) In City Council, none. 11. PETITIONS 11.1. Misc. - Will Noonan Request Permission To Address Council Regarding Visitor Parking Passes. In City Council, Motion to refer to Transportation Engineer / Parking Department for report and recommendation by C. Yem, seconded by C. Jenness. So voted. 11.2. Misc. Deven Kenison (Koto Asian Fusion Lowell) Request Installation Of Overhanging Sign Located At 76 Merrimack Street. In City Council, Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Gitschier. So voted. 11.3. Misc. - Andrea DeAngelis Request Removal Of Handicap Parking Sign At 33 Jordan Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Leahy, seconded by C. Mercier. So voted. Motion to suspend the rules to allow vote regarding date of the inauguration by C. Gitschier, seconded by C. Drinkwater. 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 Motion by C. Mercier, seconded by C. Leahy to set time and date of 2024- 2025 City Council Inauguration on Tuesday, January 2, 2024 at 10:00 AM. Adopted by Roll Call vote 11 yeas. So voted. 12. ANNOUNCEMENTS In City Council, M. Chau reminded the body to submit their evaluations for the Clerk, Manager and the Auditor to Human Resource Department. M. Chau recognized C. Drinkwater at his final meeting. C. Yem, Scott, Rourke, Mercier, Jenness, Gitschier, Nuon, and Leahy each paid tribute to C. Drinkwater noting his professionalism and dedication to the position. Manager Golden, Jr., on behalf of the administration and employees, thank C. Drinkwater to his commitment to the City. C. Drinkwater addressed the body thanking them for the past four years; recognizing the voters, the administration, the staff at City Hall, the various non-profits and his family for their support. Clerk Geary presented commemorative gavels to the Mayor Chau and Vice-Chair Gitschier. Vice-Chair Gitschier commented on his position and recognized the whole team involved with governing the City. M. Chau recognized the Vice-Chair and the Clerk and noted that he will continue to serve but it would be his last address as the Mayor. M. Chau noted the many accomplishments over his term and thanked all involve for their commitment to Lowell, which included employees, community members of all sectors and non-profits. M. Chau recognized his assistant, Erastus Mwangi, who thanked the body as well. M. Chau noted the many funds raised during his term for those in need. 13. ADJOURNMENT In City Council, Motion to Adjourn by C. Drinkwater, seconded by C. Rourke. So voted. Meeting adjourned at 9:20 PM. ___________________________________  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 Michael Q. Geary, City Clerk