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: July 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. Mercier requested moment of silence in darkened chamber for Charles “Chuck” Carney. 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. Mercier. So voted. Motion to take Item #9.1 out of order by C. Mercier, seconded by C. Nuon. So voted. 2.2. Communication - Submissions/Selection District 3 City Council Vacancy: 1)Reverend Karina Fontanez; 2) Corey Belanger; 3) Erin Gendron; 4) Belinda Juran; 5) Ronald DiBerto; 6) Adam Mitchell;  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) Daniel Finn; 8) Rithy Uong;and 9) Martin Burke In City Council, M. Rourke opened the floor up to any candidate that whish to address the body. The following candidates addressed the Council: Corey Belanger; Erin Gendron; Belinda Juran; and Rithy Uong. Motion by C. Jenness, seconded by C. Gitschier to take Item #4.12 out of order. Defeated by Roll Call vote 4 yeas, 6 nays (C. Chau, C. Descoteaux, C. Mercier, M. Rourke, C. Scott, C. Yem). So voted. M. Rourke initiated the selection process by indicating that each Councilor when called upon will put forth his or her selection to fill the District 3 vacancies. Corey Belanger was selected on the first ballot per Roll Call selection (C. Chau, C. Descoteaux, C. Mercier, M. Rourke, C. Scott, C. Yem). The remaining Councilors voted present (C. Gitschier, C. Jenness, C. Nuon, C. Robinson). Corey Belanger was appointed to the vacant council position in District 3. 3. CITY CLERK 3.1. Vote - Reappointment Of Michael Q. Geary As City Clerk. 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 9 yeas, 1 abstain (C. Gitschier). So voted. 3.2. Minutes Of City Council Meeting July 9th, For Acceptance. In City Council, Motion “To accept and place on file” by C. Gitschier, seconded by C. Jenness. So voted. 4. CITY COUNCIL – MOTIONS 4.1. C. Descoteaux - Req. City Mgr. Have The Proper Department Coordinate And Schedule A Meeting Among LHS Administrators, School Building Committee And City Council Representatives To Meet With UMass-Lowell (LINC) Administration For The Purpose Of Educating LHS Administrators On The Multiple Opportunities (Post Secondary Education And New Building Integration) Presented By  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 The LINC Project With Further Goal Of Open Communication And Partnership With LINC. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Descoteaux noted it was a meaningful project. C. Gitschier requested that the vocational school be included in the discussion and meetings. 4.2. C. Descoteaux - Req. City Mgr. Provide An Update On The Conditions Relative To The Mold At The Pawtucket Memorial School. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Descoteaux noted concerns still remain and they must be corrected quickly so as to not interfere with the school year. 4.3. C. Descoteaux/C. Mercier/C. Leahy - Req. City Council Affirm Vote By The Lowell Memorial Auditorium Board Of Trustees To Place A Commemorative Plaque In Honor Of The Late Mickey O’Keefe. In City Council, no second needed, referred to City Manager. Adopted per Roll Call vote 11 yeas. So voted. C. Descoteaux noted the efforts of the LMA and the Board of Trustees for recognizing Mr. O’Keefe. C. Mercier noted Mr. O’Keefe was a legend in the City. C. Leahy commented on his relationship with Mr. O’Keefe and noted he was always willing to help. C. Descoteaux noted that there is ceremony regarding the plaque. 4.4. C. Mercier - Req. City Mgr. Dedicate A Plaque To All Involved In Creating And Funding The Veterans Park On Douglas Road. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Mercier commented on recent ceremony and that a plaque should be installed to recognize all of the partners involved with the project. C. Gitschier questioned who would be maintaining the area in the future and if it is a dog friendly park. Manager Golden, Jr. commented on the oversight of the park. C. Chau commented on signage for use by dogs in parks. Manager Golden, Jr. indicated that there is a comprehensive review of  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 these regulations. C. Scott noted that signage can be effective especially in playground areas. M. Rourke presented a Motion by C. Mercier, seconded by C. Yem to request City Manager require all HHS/Health Department employees be CPR certified. Referred to City Manager. So voted. C. Mercier noted she had discussed with department head. 4.5. C. Leahy - Req. City Mgr. Check Into Removing Double Poles On Andrews Street. In City Council, seconded by C. Mercier, referred to City Manager. Adopted per Roll Call vote 11 yeas. So voted. C. Leahy noted this would be his last motion to file as he is resigning effectively immediately due to change in employment. C. Leahy hoped that the State would live up to their obligation to remove these poles throughout the City. M. Rourke open to the floor to Councilors in order to address C. Leahy. Each Councilor, the Mayor, the Manager and the Clerk noted the accomplishments of C. Leahy and their personal relationships with him. C. Leahy addressed the body thanking his family and commenting on his time with school committee and the council and recognized the administration and the department heads and employees of the City. Upon finishing his remarks C. Leahy exited the Chamber. Motion by C. Jenness, seconded by C. Gitschier to take Item #4.6 out of order. So voted. 4.6. C. Jenness - Req., Pursuant To Council Rule 11, Reconsideration Of Councilor Mercier’s Motion On The Process For Filling The Expected Vacancy Of The District 3 Seat On The Lowell City Council. (Reconsidered Motion: Motion By C. Mercier, Seconded By C. Descoteaux To Fill The Vacancy Of City Council By Way Of Appointment By Body; In Which Candidates May Submit Their Name To The City Clerk If They Have Lived In The District For One Year And That From The List Of Names Provided The Council Will Select The Vacant Seat As Anticipated By The Resignation Of A Sitting  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 Councilor. Adopted Per Roll Call Vote 7 Yeas, 3 Nays (C. Gitschier, C. Nuon, C. Robinson), 1 Present (C. Leahy). So Voted.) In City Council, seconded by C. Nuon. Defeated by Roll Call vote 4 yeas, 6 nays (C. Chau, C. Descoteaux, C. Mercier, M. Rourke, C. Scott, C. Yem). So voted. The following registered speakers addressed the body: Sue Kim; Jeff Thomas; Lynne Dailey; Matthew Gendron; Daniel Guttenplan; Susie Chhoun; Padriac Donovan; and Rep. Rodney Elliott. C. Jenness noted that an appointment would shortchange the voting process and that the City should wait on home rule process as it moves quickly in the system. C. Jenness noted this was a bad image for the City and there could still be appointment if the home rule process falters. C. Robinson noted the new system of voting and that there is a lot of interest in the seat and the people should have a voice in the selection. C. Gitschier requested that Rep. Elliott address the body regarding status of the home rule petition before the legislature. Rep. Elliott provided the status of the petition. C. Gitschier noted the changes and questioned if the administration has forwarded that to the legislature. City Solicitor Williams noted the change and that the Manager would need authority to sign off on those changes by way of Council vote, indicating that such a vote may come under Item #4.12 on current agenda. C. Nuon noted that the City requested the home rule petition and that they should follow up on it. C. Descoteaux questioned Greg Pappas (Director of Election) who outlined the process and the difficulty with a special election. C. Descoteaux noted concern with implementing a special election in a short period of time. C. Gitschier commented on the abundance of resources of the Elections Department and that there should be no excuse to implement such an election. C. Robinson noted proposed rule changes of the Council regarding vacancies and further noted an election could be done at anytime. C. Jennes noted that the public was overwhelming in favor of a special election. C. Nuon noted that an election should be set at most convenient time. Motion to suspend rules to allow Erin Gendron to address the Council by C. Robinson, seconded by C. Gitschier. So voted. Ms. Gendron addressed the body. C. Robinson questioned if the selection process was an open  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 meeting law violation. City Solicitor Williams noted that it has no effect on the selection. M. Rourke returned to the Item #2.2 of the agenda. 4.7. C. Nuon - Req. City Council Adopt A Resolution Standing In Solidarity With The Unionized Staff Of Lowell Telecommunications Corporation Who Are Negotiating A First Contract With Management For Better Working Conditions And Calling On Management To Bargain In Good Faith To Resolve This Contract Swiftly And With Same Security Protections Afforded To All Other Unionized Private Sector Workers In Massachusetts. In City Council, seconded by C. Gitschier, Substitute Motion by C. Nuon, seconded by C. Mercier to request City Council encourage both sides to return to bargaining table to resolve issues regarding providing continued LTC services in the community. Adopter per Roll Call vote 10 yeas. So voted. The following registered speakers addressed the Council: Adam McCune; Jonathan Grossman; Jeff Thomas; Vanmey Ma; Najifa Tanjeem; and Paul Gaudet. Motion to suspend rules to allow Courtney Coveillo; Michael Wilkins; and Dan Toomey to address Council by C. Nuon, seconded by C. Robinson. So voted. City Solicitor Williams noted concern with impeding on negotiations. C. Nuon commented he was attempting to bring parties to table and provided substitute motion as suggested by Solicitor. C. Robinson noted neutral stance to allow both parties to continue negotiations and offered services to attain that. C. Nuon requested parties return to table and negotiate in good faith. C. Gitschier noted the need to strike common ground. C. Jenness noted position of each party and that there is a need for more time at the table. C. Chau noted need for parties to make movement. 4.8. C. Nuon - Req. City Mgr. Work With The DPD To Install Banners In Cambodian Town Along Middlesex And Branch Streets. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Nuon noted prior placement of banners and that there needs to b be updates to help identify the area. C. Yem noted prior committee and their partnership with the City.  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 4.9. C. Nuon - Req. City Mgr. Update City Council About The Correction Of The Misspelled Khmer Language On The Welcome Boulder At South Common. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Nuon noted the need for correct translation and indicated a similar problem with the fire department. Manager Golden, Jr. noted flaw in system and that it must be improved. 4.10. C. Gitschier - Req. City Mgr. Have The LPD Provide A Report On The Number Of Motor Vehicle Tickets Written Last Fiscal Year, And The Percentage Paid. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Gitschier requested data to review program and if money is sufficient to sustain it. 4.11. C. Gitschier - Req. City Mgr. Have The LPD Patrol Mayani Car Wash Located At 1700 Middlesex Street For Loud Music And Vehicles Speeding After Dark. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Gitschier noted the increased patrol of the LPD and that there is a total disregard for rules by individuals who continually move around to different areas with the City. C. Jenness noted the City must diffuse these situations. C. Descoteaux noted the need to discuss with private landowners. Shawn Machado (Asst. City Manager) commented on inspectional services involvement. 4.12. C. Gitschier/C. Robinson - Req. City Council Take A Vote To Support Home Rule Petition S2878 And Allow The Maximum Amount Of Time Per City Charter For The State To Approve S2878 Before Taking Any Other Action. In City Council, no second needed, referred to City Manager/Law Department. So voted. C. Robinson noted action that needs to be done.  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 Solicitor Williams indicated that motion to request City Manager act on the petition would be needed and appropriate. Motion by C. Gitschier, seconded by C. Robinson to support Home Rule Petition regarding vacancies on elected bodies and to authorize the City Manager to execute any documentation in terms of eliminating a preliminary election for special elections. Adopted per Roll Call vote 10 yeas. So voted. 4.13. C. Chau/M. Rourke - Req. City Mgr. Repair And Repave Basketball Court On Dover Street. In City Council, no second needed, referred to City Manager. So voted. C. Chau noted the area. Motion by C. Mercier, seconded by C. Gitschier to take Item #11.2 out of order. So voted. 5. COMMUNICATIONS FROM CITY MANAGER 5.1. Motion Responses. In City Council, Motion to take Item 5.1(H) out of order by C. Gitschier, seconded by C. Jenness. So voted. A) Motion Response - Western Ave – C. Robinson noted importance of future discussions regarding area. Motion by C. Jenness, seconded by C. Gitschier to refer Items #5.1(B) to #5.1 (G), inclusive; and Items #5.1 (I) and (J) to City Council meeting on August 13, 2024. So voted. B) Motion Response - Fire Safety C) Motion Response - Reckless Bikers D) Motion Response - Street Lighting E) Motion Response - Sidewalk On Stevens Street F) Motion Response - Existing Educational Programs G) Motion Response - Recycling Center H) Motion Response – MVHP – Cathy Mercado (MVHP) outlined the  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 various programs available. C. Gitschier questioned if grants are keeping up with inflation and what measures can be taken to increase available grants. Manager Golden, Jr. commented on the many discussions regarding program availability. C. Yem commented on the Housing Trust and upcoming subcommittee meeting regarding same. I) Motion Response - LCHC Residency Program And Overall Services J) Motion Response - High School Project 5.2. Communication - Appointment Of Amy Lombardo To Board Of Assessors. In City Council, Motion to adopt by C. Mercier, seconded by C. Nuon. Adopted by Roll Call vote 10 yeas. So voted. Motion by C. Descoteaux, seconded by C. Jenness to bundle and waive full reading of Item #6.1 to #6.5, inclusive. So voted. 6. VOTES FROM THE CITY MANAGER 6.1. Vote - Accept Gift Of $500 From Robert Bassett For High School Project. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Robinson, seconded by C. Nuon. Adopted by Roll Call vote 10 yeas. So voted. 6.2. Vote - Accept/Expend $79,100 Municipal Local Cybersecurity Grant. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Robinson, seconded by C. Nuon. Adopted by Roll Call vote 10 yeas. So voted. 6.3. Vote - Approve ORR Permit For Thirsty First.  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. Robinson, seconded by C. Nuon. Adopted by Roll Call vote 10 yeas. So voted. 6.4. Vote - Ratify And Approve The Execution By City Manager Of MOU With MVEA Unit II. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Robinson, seconded by C. Nuon. Adopted by Roll Call vote 10 yeas. So voted. 6.5. Vote - Ratify And Approve The Execution By City Manager Of MOU With MVEA Unit IIP. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Robinson, seconded by C. Nuon. Adopted by Roll Call vote 10 yeas. So voted. 7. ORDERS FROM THE CITY MANAGER 7.1. Order - 60 Day Trial. 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. So voted. 8. ORDINANCES FROM THE CITY MANAGER 8.1. Ordinance - Amend Chapter 266-43 Special Speed Regulations. In City Council, Given 1st Reading. Motion to refer to Public Hearing on August 13, 2024 @ 7 PM by C. Jenness, seconded by C. Robinson. So voted. 8.2. Ordinance - Amend Chapter 50 Officers And Employees.  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 1st Reading. Motion to refer to Public Hearing on August 13, 2024 @ 7 PM by C. Jenness, seconded by C. Robinson. So voted. C. Gitschier recused himself from discussion and vote. 8.3. Ordinance - Amend Chapter 56 Director Of Elections. In City Council, Given 1st Reading. Motion to refer to Public Hearing on August 13, 2024 @ 7 PM by C. Jenness, seconded by C. Robinson. So voted. C. Gitschier recused himself from discussion and vote. 9. RESOLUTIONS 9.1. Resolution - Declare August 4, 2024 As “BAPS Day” In The City Of Lowell. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Mercier, seconded by C. Nuon. Adopted by Roll Call vote 11 yeas. So voted. C. Mercier recognized the organization and their fifty years of service in the community. Priest Subhash and Himanski Patel addressed the Council and thanked them for the recognition. M. Rourke read proclamation presented to the organization. Motion by C. Leahy, seconded by C. Descoteaux to take Items #4.3 and #4.5 out of order. So voted. 10. REPORTS (SUB/COMMITTEE, IF ANY) 10.1. Wire Insp. - TC Systems D/B/A AT&T - Request Installation Of Conduit To Extend Small Cell Network On Gorham Street. In City Council, Motion to accept and adopt the accompanying order by C. Yem, seconded by C. Robinson. So voted. 10.2. Wire Insp. - National Grid - Request Installation Of Handhole With Crushed Stone At 155 Middlesex St. In City Council, Motion to accept and adopt the accompanying order by C. Chau, seconded by C. Descoteaux. 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. PETITIONS 11.1. Claims - (7) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Gitschier, seconded by C. Jenness. So voted. 11.2. Misc. - Cole Younger Barnes Request Permission To Address Council Regarding Proposed Care For Homeless Act. In City Council, Motion to accept and place on file by C. Mercier, seconded by C. Jenness. So voted. Mr. Barnes addressed the body. 11.3. National Grid - Request Permission To Install (1) JO Pole On Quebec Street. In City Council, Given 1st Reading. Motion to refer to Public Hearing on August 13, 2024 @ 7 PM by C. Mercier, seconded by C. Yem. So voted. 11.4. Boston Gas D/B/A National Grid - Request Installation Of Replacement 6 Inch Plastic Gas Main On Powell Street. In City Council, Given 1st Reading. Motion to refer to Public Hearing on August 13, 2024 @ 7 PM by C. Mercier, seconded by C. Yem. So voted. 11.5. Boston Gas D/B/A National Grid - Request Installation Of Replacement 2 Inch Plastic Gas Main On Appleton Street. In City Council, Given 1st Reading. Motion to refer to Public Hearing on August 13, 2024 @ 7 PM by C. Mercier, seconded by C. Yem. So voted. 12. CITY COUNCIL - EXECUTIVE SESSION 12.1. Executive Session:  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 1) Executive Session - Discuss matters of litigation (Open Meeting Complaint), public discussion of which may have a detrimental effect on the City's position; and 2) Executive Session - To consider and discuss the disposition of parcels within the Hamilton Canal District, public discussion of which may have a detrimental effect on the negotiating position of the City. In City Council, M. Rourke stated purpose of the session, Motion to enter executive session (9:50 PM) and adjourn from that session by C. Gitschier, seconded by C. Jenness. Adopted per Roll Call vote 10 yeas. So voted. 13. ANNOUNCEMENTS In City Council, none. 14. ADJOURNMENT In City Council, Motion to Adjourn by C. Nuon, seconded by C. Yem in Executive Session. So voted. Meeting adjourned at 10:45 PM. ___________________________________ Michael Q. Geary, City Clerk