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 23, 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. M. Rourke presiding. C. Leahy requested moment of silence in darkened chamber for Maureen Barter. 2. MAYOR'S BUSINESS 2.1. Communication / Zoom Participation. In City Council, Motion “To accept and place on file” by C. Chau, seconded by C. Descoteaux. So voted. 3. CITY CLERK 3.1. Minutes Of City Council Regular Meeting April 16th, For Acceptance. In City Council, Motion “To accept and place on file” by C. Gitschier, seconded by C. Jenness. So voted. Motion by C. Mercier, seconded by C. Nuon to take Item #6.1A out of order. So voted. 4. GENERAL PUBLIC HEARINGS 4.1. Ordinance - Amend Fee Schedule - Residential Parking Signs.  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, Hearing held, Motion to adopt by C. Yem, seconded by C. Leahy. Adopted per Roll Call vote 11 yeas. So voted. 4.2. Ordinance - Amend Parking Rates FY24. In City Council, Hearing held, Motion to adopt by C. Scott, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 nay (C. Jenness). So voted. Speaking in opposition was Robert Casey (Downtown Neighborhood Association. 4.3. Ordinance - New Ch. 51 - Code For Elected And Appointed Officials. In City Council, Hearing held, Motion to adopt by C. Jenness, seconded by C. Scott. Adopted per Roll Call vote 11 yeas. So voted. Laura Ortiz refused to furnish address and was not allowed to address the Council. 5. CITY COUNCIL - MOTIONS 5.1. C. Gitschier/C. Robinson - Req. City Mgr. Start The Process Of Notifying Lupoli Companies, LLC Of Our Intent To Terminate The Current Agreement Per Section 23 Of The Land Disposition Contract For Failure To Meet Section 11 (Project Schedule) And Section 10 (Description Of Improvements). In City Council, no second needed, defeated per Roll Call vote 2 yeas, 7 nays (C. Chau, C. Descoteaux, C. Mercier, C. Nuon, M. Rourke, C. Scott, C. Yem), 2 present (C. Jenness, C. Leahy). So voted. Registered speakers, Timothy Collins, Ron Peacetree and Jovanna Mason, addressed the Council. C. Gitschier commented on prior subcommittee regarding the development and that there should be action in accordance with the contract with respect to default. City Solicitor Williams indicated such conversation regarding contract action should be done in Executive Session. C. Gitschier noted it was not stating a position just acting on a contract so it can be done in public. C. Robinson noted terms should be negotiated in Executive Session; but generally speaking, the changes in the scheme are not good for City. C. Mercier noted situation would call for  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 Executive Session followed by public discussion. C. Jenness noted that there should be zero discussion regarding matter in open session due to nature of the request. C. Nuon commented on frustration with developer, but things need to be done carefully and discussed fully. C. Leahy noted that there should be an Executive Session first. C. Robinson questioned possible conflicts with members of the body. C. Chau questioned pending motions before body. C. Robinson requested roll call. Motion by C. Mercier, seconded by C. Jenness to refer matter to an Executive Session. Adopted per Roll Call vote 11 yeas. So voted. 5.2. C. Robinson - Req. City Mgr. Have The LPD Coordinate With Local Faith Organizations To Demonstrate The Advanced Training Our Officers Routinely Undergo. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Robinson commented on community outreach. 5.3. C. Descoteaux - Req. City Mgr. Have Traffic Engineer Consult With The Safe Routes To School (SRST) Program Administrators To Determine The Availability Of Benefits To The City, Whether They Be Financed Through Grants Or Instructional Programs, For Benefit Of Improving Student Walkability To School. In City Council, seconded by C. Leahy, referred to City Manager. So voted. C. Descoteaux noted the program added benefits to each school. 5.4. C. Yem - Req. City Mgr. Have The Appropriate Department Work With National Grid To Remove The Fence At The Corner Of School And Rock Streets To Allow Pedestrians To Use The Sidewalk. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Yem noted the improvements by National Grid and that only remaining fix is the sidewalk. Shawn Machado (Asst. City Manager) noted the need to comply with ADA.  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 5.5. C. Scott/M. Rourke - Req. City Council, Through The Mayor, Bring Forward A Motion Requesting The School Committee To Begin The Process Of Vacating The Consent Decree To Accommodate Changing Of The School Zones. In City Council, no second needed, referred to City Manager. So voted. The following registered speakers addressed the Council: Tara Hong, Mary Wumbui, Ron Peacetree, Stacey Thompson, Judith Durant, Yun-Ju Choi, Joseph Boyle, Wadscar Gomez, Sanary Phen, Dr. Kumble Rajesh, Susie Chhoun, Mitchell Paulin and Sothea Chiemnom. C. Scott commented on desegregation plan and noted the motion asks to begin discussions of the School Committee. C. Scott outlined many changes in the school system due to the Consent Decree. C. Scott noted that there may be some issues that discussions could assist with resolving. C. Gitschier commented that the decree was a working document and that there needs to be more information before his support. C. Descoteaux requested that ad-hoc subcommittee be formed to study the issue. Substitute Motion by C. Descoteaux, seconded by C. Scott to have Mayor work with School Committee to establish an ad-hoc subcommittee with members of the Council to research modifying but not vacating Consent Decree. Defeated per Roll Call vote 4 yeas 7 nays (C. Gitschier, C. Jenness, C. Leahy, C. Mercier, C. Nuon, C. Robinson, C. Yem). So voted. C. Jenness noted there are some issues that warrant discussion with School Committee and parents and highlighted some budgeting short falls by the school administration. C. Robinson noted benefits of neighborhood schools but questioned motivation for the motion. C. Nuon noted speakers commented on equity and fairness and that should be end result. C. Yem noted changes could be studied in a subcommittee. C. Mercier noted the need- to-know what parents want and that all schools should offer the same level of education. M. Rourke relinquished Chair to Vice Chair Yem at 8:15 PM. Chair returned to M. Rourke at 8:25 PM. M. Rourke noted that the speakers are asking for same matter the motion calls for and that we need to see where we are and where we are going.  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. COMMUNICATIONS FROM CITY MANAGER 6.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. Descoteaux, seconded by C. Jenness. So voted. A) Motion Response - LHS Student SBC Update – C. Gitschier noted the committee needed a voice for the students. Kendrick D’Orbe addressed the body. B) Motion Response - 2024 AAPI Month – C. Yem commented on prior response. Melissa Desroches (Manager Comm. Dept.) commented on upcoming meetings with different organizations. C. Nuon commented that the planning process for events must begin sooner next time around. Motion by C. Gitschier, seconded by Descoteaux to take Items #6.2 (Duck Island and Drain Ordinance) and Item #9.1 out of order. So voted. C) Motion Response - Homeownership Programs – C. Gitschier questioned current programs and why were some discontinued. Yovani Baez-Rose commented on the various reasons for current programs and why some were ended. C. Gitschier requested breakdown of single family and multifamily programs as well as use of restrictions in the programs. Ms. Baez-Rose commented on the services of the Merrimack Valley Housing Assocation and their relationship to the organization. Ms. Baez- Rose noted that RFP can be tailored as seen fit. Motion by C. Gitschier, seconded by C. Yem to provide current data regarding services provide by the Merrimack Valley Housing Association. So voted. C. Robinson noted challenges with mutli-unit housing. Manager Golden, Jr. commented on programs designed for affordable housing with growing generational wealth. D) Motion Response - HCA Cannabis – C. Nuon commented on delivery and host agreements. City Solicitor Williams noted that State regulations were very restrictive and there have not been many applicants, but City is  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 ready to move on them. C. Robinson commented on social equity regulations during first two years. E) Motion Response - Veteran Parking – C. Mercier commented on the program. C. Chau noted effort of the department. C. Yem questioned educational element to the program. Terry Ryan (Parking Dir.) noted different venues to inform the public. F) Motion Response - Geese On Playing Fields 6.2. Informational Reports Informational Report - The Town and The City Festival – Mr. Porter, event organizer, outlined various elements of the festival. Informational Report - Phase 3 Duck Island SRF – Aaron Fox (WasteWater) outlined the loan program and commented on updates. C. Gitschier lauded effort of the deparment and the use of bid process. Informational Report - Drain Layer License Ordinance – Mananger Golden, Jr. noted the procurement process was steamlined and quality workers are being utilized. Ting Chang (City Engineer) explained the process and how it will be easier. C. Gitschier noted this was a solid plan for infrastucture and it protects the quality of work. M. Rourke took Item #8.1 out of order with no objection. Informational Report - FY2025 Budget Update – Conor Baldwin (CFO) outlined budget schedule. C. Jenness commented on shortfall in comparison to years prior. Mr. Baldwin commented on the budget process with departments and reduction of shortfalls. C. Jenness noted status of current trash contract. Mr. Baldwin indicated the challenges with that contract and revenues will not cover costs so there must be a fee adjustment. C. Yem questioned budget gaps. Mr. Baldwin outlined process. C. Yem commented on trash and inflation costs. C. Scott commented on the contamination costs of the contract effecting fees. Manager Golden, Jr. noted problem actors and problem areas.  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 - CIP FY25 Update – Motion C. Jenness, seconded by C. Gitschier to refer to Finance SC. So voted. Informational Report - NSS - FY25 Budget Update to LPS – Mr. Baldwin stated that information was provided to school administrators to assist with thier budgeting. 6.3. Communication - City Manager Request Out Of State Travel (1) DPD. In City Council, Motion to adopt by C. Leahy, seconded by C. Mercier. Adopted by Roll Call vote 11 yeas. So voted. 7. VOTES FROM THE CITY MANAGER 7.1. Vote - Amend Council Rules - New Rule #41. 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 10 yeas, 1 nay (C. Robinson). So voted. 7.2. Vote - Authorize CM To File Special Legislation. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Leahy, seconded by C. Jenness. Adopted by Roll Call vote 9 yeas, 2 nays (C. Gitschier, C. Robinson). So voted. 7.3. Vote - Approve ORR Permit For Brew’d Awakening. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Yem. Adopted by Roll Call vote 11 yeas. So voted. 7.4. Vote - Authorize Payment Of Bills Incurred In Excess Of Appropriations.  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 Table by C. Gitschier, seconded by C. Robinson. Tabled by Roll Call vote 8 yeas, 2 nays (C. Leahy, C. Mercier), 1 abstain (C. Descoteaux). So voted. C. Gitschier commented on bills and noted that a representative from the school administration should be present as there are many issues with the vote. C. Gitschier noted the continued mismanagement of the issue and that it needs to be corrected. C. Leahy noted that it was insulting that a representative was no present noting vendors are suffering. M. Rourke commente on possible litigation. C. Scott noted that vendors have some responsiblity as well. City Auditor Oakes noted both sides should work under same system. 8. ORDINANCES FROM THE CITY MANAGER 8.1. Ordinance - Amend Chap. 272.30 - Drain Layer Licensing Regulations. In City Council, Given 1st Reading. Motion to refer to Public Hearing on May 7, 2024 @ 7 PM by C. Gitschier, seconded by C. Jenness. So voted. 9. RESOLUTIONS 9.1. Resolution - Support The Cherish Act - Higher Ed For All. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Descoteaux, seconded by C. Gitschier. Adopted by Roll Call vote 10 yeas, 1 absent (C. Jenness). So voted. 10. CONSTABLE BONDS 10.1. Communication - City Manager Request Approval Of Constable Bond For Steven Brouillette. In City Council, Motion to adopt by C. Robinson, seconded by C. Yem. Adopted by Roll Call vote 11 yeas. So voted. 11. REPORTS (SUB/COMMITTEE, IF ANY) 11.1. Public Safety SC April 23, 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. Nuon requested matter be put over until April 30, 2024 with no objections. 12. PETITIONS 12.1. Claims - (3) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Gitschier, seconded by C. Jenness. So voted. 13. ANNOUNCEMENTS In City Council, Manager Golden, Jr. Recognized departments for thier assistance with budgeting. C. Gitschier noted the baseball/softball parade event. C. Yem commented on preparations for the Cambodian New Year. C. Yem, on behalf of the Council, wished C. Descoteaux a happy birthday. 14. ADJOURNMENT In City Council, Motion to Adjourn by C. Nuon, seconded by C. Mercier. So voted. Meeting adjourned at 9:42 PM. ___________________________________ Michael Q. Geary, City Clerk