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: April 9, 2024 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. Nuon via Zoom. M. Rourke presiding. 2. MAYOR'S BUSINESS 2.1 Communication Remote / Zoom Participation . In City Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Jenness. So voted. 2.2. Recognition - National Library Week. In City Council, Motion “To accept and place on file” by C. Gitschier, seconded by C. Mercier. So voted. M. Rourke read proclamation regarding the week. Bridget Cooley (Library Director) commented on the proclamation and recognized her staff. C. Yem commented on the week and the library building. 3. CITY CLERK 3.1. Minutes Of Transportation SC April 2nd; City Council Regular Meeting April 2nd; Economic/Downtown Development SC April 4th, For Acceptance. In City Council, Motion “To accept and place on file” by C. Robinson, seconded by C. Scott. 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 to take Item #6.1A by C. Mercier, seconded by C. Leahy. So voted. 4. UTILITY PUBLIC HEARING 4.1. National Grid - Request Installation Of Upgraded Gas Mains Campbell Dr., Wedge St., Lura St., Rhodora St., Atlantic St., And Ruth St. In City Council, Hearing Held, Motion to refer to Wire Inspector for report and recommendation by C. Mercier, seconded by C. Jenness. So voted. Diana Cuddy (National Grid) spoke in favor of petition. 4.2. National Grid - Request Installation Of Upgraded Gas Mains In Harvard, Stevens, Troy And Nicolett Streets. In City Council, Hearing Held, Motion to refer to Wire Inspector for report and recommendation by C. Gitschier, seconded by C. Descoteaux. So voted. Diana Cuddy (National Grid) spoke in favor of petition. 4.3. National Grid - Request Installation Of Underground Electric Conduit For Upgrade At 128 Fayette Street. In City Council, Hearing Held, Motion to refer to Wire Inspector for report and recommendation by C. Descoteaux, seconded by C. Chau. So voted. Vazz Eang (National Grid) spoke in favor of petition. 4.4. National Grid - Request Installation Of Underground Electric Conduit For New Service At 78-80 Middlesex Street. In City Council, Hearing Held, Motion to refer to Wire Inspector for report and recommendation by C. Gitschier, seconded by C. Jenness. So voted. Vazz Eang (National Grid) spoke in favor of petition. 5. CITY COUNCIL - MOTIONS  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 5.1. C. Robinson - Req. City Mgr. Provide A Detailed Report On Impact Of Culvert Situation In The Area Of Circuit Avenue And What Programs Are Available To Assist Our Impacted Residents. In City Council, seconded by C. Descoteaux, referred to City Manager. So voted. Registered speaker, Joanne Dalphond, addressed the Council through her granddaughter. C. Robinson requested City Solicitor reach out to residents regarding the claim. City Solicitor Williams outlined claim process and that they can send along additional information to support the claim. C. Gitschier noted that the Council did receive pictures in this week’s packet. 5.2. C. Robinson - Req. City Mgr. Have The Proper Department Provide An Update On Status Of Syringe Exchange Programs In The Community And What Regulatory Options Exist On The Local Level. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Robinson noted the need to look what can be done within the community and that as weather improves so does the problem. 5.3. C. Robinson - Req. City Mgr. Explore Recombining Parks And Recreation And Further Explore The Creation Of An Enterprise Fund. In City Council, seconded by C. Gitschier, referred to City Manager. So voted. C. Robinson noted the improvements in open space and that the departments could function better if combined and made into an Enterprise Fund. C. Gitschier noted prior motion requesting departments be combined as they were for many years. Manager Golden, Jr. noted that an enterprise fund may not be best approach and that they would revisit combining departments once adjusted fees are in place. 5.4. C. Robinson - Req. City Mgr. Have Proper Department Provide An Update On Who Is Responsible To Make Necessary Improvements To School Kitchens In Order To Pass Inspections And What Is The Plan Moving Forward To Ensure Routine Maintenance.  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. 5.5. C. Yem - Req. City Mgr. Have The Appropriate Department Provide A Safe Crossing To And From The Murkland School Over Fletcher Street At Firefighters Club; At The Intersection Of Willie Street; At The Intersection Of Butterfield Street; And At The Intersection Of Varney Street. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Yem commented on the area and the many crosswalks for the school and noted the need for a safety plan and enforcement of the 25 MPH speed zone. C. Descoteaux noted that the Lowell Schools and the Lowell Police have designated the crossing at Butterfield Street for the Murkland School. 5.6. C. Yem - Req. City Mgr. Have The Appropriate Department Place Rockdale Avenue On The Repaving List. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Yem noted it was a resident request and provided pictures to the body. C. Gitschier noted that the street may not be accepted and questioned the road rating on it. C. Leahy noted the need to be active on scheduling of work. M. Rourke suggested matters such as these may be best resolved in a subcommittee. 5.7. C. Gitschier - Req. City Mgr. Provide The City Council With The Number Of Elevators In Each Facility And School Building; The Location Of Each Elevator; The Age Of Each Elevator; And Who Is Responsible For The Maintenance And Upkeep Of The Elevators. In City Council, seconded by C. Descoteaux, referred to City Manager. So voted. C. Gitschier noted the need to establish an inventory and a chain of command as the City should be made aware of all issues. Manager Golden, Jr. noted that a capital project is usually over $25,000.00 and that School Dude program will assist with notice.  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 5.8. C. Gitschier - Req. City Mgr. Reach Out To The Two Local High Schools (Lowell High School/Greater Lowell Technical High School) To Create An Intern/Co-Op Program For High School Students; The Purpose Of The Program Would Be To Train Students In The Area Of Municipal Employment; Ie. Water, Wastewater, DPW. City Hall (MIS, Engineering, Clerical, Etc.). In City Council, seconded by C. Nuon, referred to City Manager. So voted. Registered speaker, Laura Ortiz, failed to provide her address per Council Rules and was not afforded opportunity to speak due to her noncompliance with the rule. Motion by C. Gitschier, seconded by C. Robinson to suspend rule to allow Ms. Ortiz to speak. Defeated per Roll Call vote 2 yeas, 9 nays (C. Chau, C. Descoteaux, C. Jenness, C. Leahy, C. Mercier, C. Nuon, M. Rourke, C. Scott, C. Yem). So voted. C. Scott questioned if there were exemptions that could apply. City Solicitor Williams indicated that such exemptions could be filed with the Clerk. C. Gitschier noted the need for trained employees. M. Rourke noted the work that is done by students. C. Robinson commented on the many areas they would be needed. 5.9. C. Gitschier - Req. City Mgr. Provide The City Council With A Report On All Violations Within School Kitchens; Who Is Responsible For The Maintenance Of The Kitchens; And Addressing These Violations In A Timely Manner. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Gitschier commented on the history of inspections and the failure to address them. C. Gitschier indicated that these failures to fix the violations could be resolved if the City developed a Facilities Department. 5.10. C. Jenness - Req. City Mgr. Have Proper Department Provide Presentation To The Council On Current Status Of ARPA Monies That Have Been Obligated, And The Plan For The Remainder Of Those Funds To Be Obligated By End Of Year.  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 requested the update. 5.11. C. Jenness - Req. City Mgr. Have Proper Department Provide Update On Beaver Street Bridge Project. In City Council, seconded by C. Leahy, referred to City Manager. So voted. 5.12. C. Jenness - Req. City Mgr. Have Proper Department Investigate Procurement Of “Emergency Plug ” Tools For Our First Responders To Increase Safety In Dealing With Incidents Involving Electric Vehicles. In City Council, seconded by C. Leahy, referred to City Manager. So voted. C. Jenness described the device and its use. C. Robinson noted the need for first responders to have proper training regarding electric vehicles. 5.13. C. Leahy - Req. City Mgr. Have DPW/Tree Warden Inspect Trees On Inland And Midland Street In Terms Of Safety In The Neighborhood. In City Council, seconded by C. Descoteaux, referred to City Manager. So voted. Registered speaker, Aaron Sheehy, addressed the Council. C. Leahy noted this was a long-term issue and it needs attention as a safety measure. C. Gitschier commented on the need for a certified Tree Warden. C. Mercier noted the entire area needs to be addressed per safety concerns. C. Robinson noted the safety issue and the damage to property due to these trees and that current technology and a Tree Warden would be of assistance. 5.14. C. Scott - Req. City Mgr. Provide A Report Detailing The Status Of Mitigation Efforts Listed In The 2015 And 2020 Municipal Vulnerability Reports And The Status Of The Planning For The 2025 Report. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Scott commented on reports noting priority lists. 6. COMMUNICATIONS FROM CITY MANAGER  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 6.1. Motion Responses . In City Council, Motion “To accept and place on file” by C. Leahy, seconded by C. Gitschier. So voted. A) Motion Response – Bookmobile – C. Nuon noted the report and the work of Bridget Cooley at the library. C. Mercier noted the good information regarding use. C. Chau noted the use of a valuable resource. Motion by C. Leahy, seconded by C. Descoteaux to take Item #5.13 out of order. So voted. B) Motion Response - State and Federal Partners Grant Opportunities – M. Rourke noted the report. C) Motion Response - LTLC Services – Manager Golden, Jr. commented on services and looking for more opportunity. M. Rourke commented on the state of the shelter and the need for partnerships to assist with costs and services. C. Robinson noted training in shelters is needed to assist with living conditions. C. Mercier noted that there may be a rodent issue at the shelter and that needs to be resolved if it exists. D) Motion Response - Winter Protocol Beds – C. Robinson noted that there should be a charge by City when others use social services, there is a need for financial assistance. E) Motion Response - School Playgrounds – C. Chau commented on the report and the priority list. Yovani Baez-Rose (DPD) commented on priority of projects. C. Leahy requested status with current tree removal due to latest storm. Manager Golden, Jr. provided the update. Motion by C. Descoteaux, seconded by C. Chau to bundle and waive second reading of Items #7.1; #7.2; #7.4; and #7.6. 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 7. VOTES FROM THE CITY MANAGER 7.1. Vote - Accept/ Expend $405,381 SSYI Grant – LPD. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Yem, seconded by C. Scott. Adopted by Roll Call vote 11 yeas. So voted. 7.2. Vote - Accept/ Expend /Apply $88,140 CSO Grant . In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Yem, seconded by C. Scott. Adopted by Roll Call vote 11 yeas. So voted. 7.3. Vote - Amend Council Rules - New Rule #41 . In City Council, Motion to refer to City Council Meeting on April 23, 2024 by C. Mercier, seconded by C. Robinson. So voted. Registered speaker, Sherri Barboza (Zoom) addressed the body. 7.4. Vote - Authorize CM Execute Annual Action Plan FY24-25 . In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Yem, seconded by C. Scott. Adopted by Roll Call vote 11 yeas. So voted. 7.5. Vote - Authorize CM To File Special Legislation . In City Council, Motion to refer to City Council Meeting on April 23, 2024 by C. Mercier, seconded by C. Robinson. So voted. Registered speaker, Sherri Barboza (Zoom) addressed the body. 7.6. Vote - Declare Surplus And Convey 112 Adams Street . In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Yem, 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 8. ORDINANCES FROM THE CITY MANAGER 8.1. Ordinance - New Ch. 51 - Code For Elected And Appointed Officials . In City Council, Given 1st Reading. Motion to refer to Public Hearing on April 23, 2024 @ 7 PM by C. Mercier, seconded by C. Jenness. So voted. Registered speaker, Sherri Barboza (Zoom) addressed the body. 9.CONSTABLE BONDS 9.1. Communication - City Mgr. Request Approval Of Constable Bond For Steven J. DeRosa. In City Council, Motion to adopt by C. Yem, seconded by C. Chau. Adopted by Roll Call vote 11 yeas. So voted. C. Mercier commented that the constables are responsible for fees to the City. 10. REPORTS (SUB/COMMITTEE, IF ANY) 10.1. Subcommittee Reports: 1) Rules & Election Laws SC March 19, 2024 . In City Council, C. Chau provided report noted attendance and discussion regarding formulating regulations regarding censure of public bodies and noted that items surrounding the meeting are placed on agenda for Council action. Motion by C. Jenness, seconded by C. Mercier to accept the report as a report of progress. So voted. 2) Transportation SC April 2, 2024 . In City Council, C. Descoteaux provided report regarding vulnerable road users in the City and noted attendance at the meeting. Motion by C. Jenness, seconded by C. Mercier to accept the report as a report of progress. So voted. 3) Economic/Downtown Development SC April 4, 2024 .  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, C. Jenness provided report noted attendance and discussion regarding Lupoli Companies, LLC development and their revised vision for the Hamilton Canal Innovative District. C. Leahy noted the positive information of the subcommittee and that the parcels need to be developed. C. Robinson noted land is at a premium and that the City should not just accept any proposal. M. Rourke noted the need to have follow through with the site. C. Yem requested map of remaining parcels. C. Gitschier noted that discussions of negotiation strategies should be done in Executive Session. C. Leahy noted this has been a long-term effort that should come to conclusion. Motion by C. Yem, seconded by C. Robinson to schedule an executive session on this matter. So voted. Motion by C. Jenness, seconded by C. Mercier to accept the report as a report of progress. So voted. 4) Housing SC April 9, 2024. In City Council, C. Yem provided report noted attendance and discussion regarding the Affordable Housing Trust and its place in the City. Motion by C. Jenness, seconded by C. Mercier to accept the report as a report of progress. So voted. 11. PETITIONS 11.1. Claims - (1) Personal Injury; (4) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Robinson, seconded by C. Gitschier. So voted. 11.2. Misc. - Ak Choudhury Request Removal Of Handicap Parking Sign At 271-273 Concord Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Robinson, seconded by C. Jenness. So voted. 11.3. Misc. - Norma Von Fricken Request Permission To Address Council Regarding Homeless Conditions.  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, Ms. Von Fricken addressed the body. Registered speaker, Sherri Barboza (Zoom) addressed the body. 12. ANNOUNCEMENTS In City Council, none. 13. ADJOURNMENT In City Council, Motion to Adjourn by C. Robinson, seconded by C. Mercier. So voted. Meeting adjourned at 8:35 PM. ___________________________________ Michael Q. Geary, City Clerk