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: August 13, 2024 Time: 6:30 PM Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA/Zoom (Hybrid) 1. ROLL CALL Roll Call showed 10 present, 1 absent (C. Scott). C. Jenness 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. Belanger, seconded by C. Chau. So voted. 2.2. Presentation - Daynia La-Force for Terance Mann Complete Player Foundation (TMPCF). In City Council, Ms. La-Force commented on the foundation and upcoming events. Manager Golden, Jr. introduced William Rosenberry as the new Director of Elections. Mr. Rosenberry thanked the Council for their commitment. 3. CITY CLERK 3.1. Minutes of City Council Meeting July 23rd; Senior Citizen SC August 1st, for acceptance.  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 accept and place on file” by C. Gitschier, seconded by C. Mercier. So voted. Motion to take Item #7.3 out of order by C. Mercier, seconded by C. Gitschier. So voted. 4. GENERAL PUBLIC HEARINGS 4.1. Ordinance - Amend Chapter 266-43 Special Speed Regulations. In City Council, Given 2nd Reading, Hearing held. No Remonstrants. Motion “To adopt” by C. Mercier, seconded by C. Robinson. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 4.2. Ordinance - Amend Chapter 50 Officers and Employees. In City Council, Given 2nd Reading, Hearing held. No Remonstrants. Motion “To adopt” by C. Descoteaux, seconded by C. Mercier. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. C. Mercier indicated that she spoke to all departments involved before the vote. 4.3. Ordinance - Amend Chapter 56 Director of Elections. In City Council, Given 2nd Reading, Hearing held. No Remonstrants. Motion “To adopt” by C. Yem, seconded by C. Nuon. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 5. UTILITY PUBLIC HEARING 5.1. National Grid - Request permission to install (1) JO pole on Quebec Street. In City Council, Given second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Gitschier, seconded by C. Descoteaux.  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. Boston Gas d/b/a National Grid - Request installation of replacement 6-inch plastic gas main on Powell Street. In City Council, Given second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Chau, seconded by C. Mercier. 5.3. Boston Gas d/b/a National Grid - Request installation of replacement 2-inch plastic gas main on Appleton Street. In City Council, Given second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Belanger, seconded by C. Robinson. 6. CITY COUNCIL - MOTIONS 6.1. C. Nuon - Req. City Mgr. direct the Department of Planning and Development to share Phase II of the Roberto Clemente Park Master Plan with the Cambodian Town business community. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Nuon noted the need to reach out to the entire community and address concerns, especially parking. Motion by C. Robinson, seconded by C. Nuon to take Items #6.2 and #6.3 together. So voted. 6.2. C. Nuon/C. Robinson - Req. City Mgr. work with CFO to find a way to assist LTC with their current financial struggle. In City Council, no second needed, referred to City Manager. Adopted per Roll Call vote 8 yeas, 2 nays (C. Descoteaux, C. Gitschier), 1 absent (C. Scott). So voted. Registered speaker, Adam McCune, addressed the body. C. Robinson noted the decline in fees and that there should be some assistance as LTC provides valuable services for the community. C. Nuon commented on the full range of services provided by LTC. C. Descoteaux  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 noted the need for grant writing in the organization. C. Mercier noted some concerns with the services of the LTC. C. Gitschier noted grant applications are user friendly. M. Rourke noted that the fees are regulated by the State and that the administration should request delegation to increase same. C. Jenness commented on the fee from Comcast and that the State should move to increase them to local providers. Manager Golden, Jr. indicated that there is a move towards streaming fees to offset the cable fees by the State legislature. 6.3. C. Robinson /C. Nuon - Req. City Mgr. explore possible partnership opportunities with Middlesex Community College, Lowell Career Center, Youthbuild, LTC and any other interested stakeholders with the goal of goal of providing vocational training opportunities in the area of media production. In City Council, no second needed, referred to City Manager. Adopted per Roll Call vote 8 yeas, 2 nays (C. Descoteaux, C. Gitschier), 1 absent (C. Scott). So voted. Registered speaker, Adam McCune, addressed the body. C. Robinson noted that LTC could have many smaller partners invested to make up revenue deficit. 6.4. C. Robinson - Req. City Mgr. have the proper department explore opportunities to create an outdoor basketball complex in Centralville, that includes murals on surfaces, roofs with lighting and scoreboards for courts. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Robinson commented on the current plans and indicated the possible use of cover for courts along with solar panels for lights. 6.5. C. Robinson - Req. City Mgr. have the proper department provide an update on additional speed bump installation locations in Centralville. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Robinson commented on the success and the staging for 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 second area. Manager Golden, Jr. indicated the success of the pilot program and the move to make it permanent. 6.6. C. Robinson - Req. City Mgr. have the proper department explore the feasibility of the City moving to a bid process for concession stand operations for next season. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Robinson noted that it was not done to hurt youth sports organizations but there must be a move to provide revenues to maintain and improve facilities. C. Yem commented on the licensing process. 6.7. C. Robinson - Req. City Mgr. have the proper department provide a report detailing possible pathways to illuminate the Centralville Mural. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Robinson commented on the art in place and that it would enhance viewing of it. 6.8. C. Robinson - Req. City Mgr. have the proper department provide an update on any and all plans regarding the old District and Superior Courthouses. In City Council, seconded by C. Chau, referred to City Manager. So voted. 6.9. C. Jenness - Req. City Mgr. work with proper department to explore the implementation of a trial program to allow garage pass card holders the opportunity to pay for an additional parking pass to park a small trailer in a City garage. In City Council, seconded by C. Nuon, referred to City Manager. So voted. Registered speaker, John Hawkins, addressed the body. C. Jenness requested that City work with the community to find viable solutions.  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 6.10. C. Jenness - Req. City Mgr. have proper department examine resurfacing the Adult Education driveway between the Smith Baker Center and the Adult Education building. In City Council, seconded by C. Belanger, referred to City Manager. So voted. C. Jenness noted damage caused by the dumpster. 6.11. C. Jenness - Req. City Mgr. work with the new Elections Director to prepare a report to the Council assessing our readiness for the upcoming elections, along with any short and/or long term actions that can be taken by the Council to ensure that all Lowell voters can be certain that their votes will be counted. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Jenness noted the need to clear some concerns and review procedures. 6.12. C. Jenness - Req. City Mgr. have proper department analyze the recently enacted Affordable Homes Law to begin the process of updating our zoning code to be in compliance with the new regulations. In City Council, seconded by C. Nuon, referred to City Manager. So voted. 6.13. C. Belanger/C. Mercier - Req. City Mgr. have DPD explore launching an initiative throughout the Downtown Business District to work with property owners for installation of solar powered and motion activated exterior lighting in an effort to increase safety. In City Council, no second needed, referred to City Manager. So voted. C. Mercier noted the lights protect the area. C. Belanger noted the need for better lighting. C. Gitschier noted lighting needs improvement. 6.14. C. Belanger - Req. City Mgr. provide an update regarding CSO and flooding issues in Belvidere at the Douglas and Winward Road area.  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. Belanger noted it was a long-standing problem with neighborhood concerns. C. Gitschier questioned the installment of a holding tank at Cawley Stadium. Manager Golden, Jr. indicated the need for new planning in the area and would report further on it. 6.15. C. Belanger - Req. City Mgr. provide an update regarding Cawley Stadium complex upgrades. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Belanger requested update on proposed improvements. Motion by C. Belanger, seconded by C. Gitschier to refer motions #6.14 and #6.15 to the Neighborhoods SC. So voted. 6.16. C. Gitschier - Req. City Mgr. provide an update on the line painting process for school areas and zones prior to the start of the school year. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Gitschier noted it was close to school year beginning and they need to be done. 6.17. C. Gitschier - Req. City Mgr. provide the City Council with an update on the mold issue at the Pawtucket Memorial School and any effect it will have on the start of the school year at the Pawtucket Memorial. In City Council, seconded by C. Descoteaux, referred to City Manager. So voted. C. Gitschier noted recent walk through, and the issue still exists. C. Descoteaux noted school is not in good condition and it needs to be ready for 500 students. 6.18. C. Gitschier - Req. City Mgr. provide the City Council and School Committee with a written copy of the policies and procedures 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 filling a City Council or School Committee position that has been declared vacant. In City Council, seconded by C. Chau, referred to City Manager/Rules SC. Registered speaker, Lynn Dailey, addressed the body. So voted. C. Gitschier need to provide outline for moving forward and that City Solicitor should be involved. Motion by Gitschier, seconded by C. Robinson to refer to Rules SC. So voted. 6.19. M. Rourke - Req. City Mgr. update Council on property at 535 Pawtucket Boulevard. In City Council, seconded by C. Robinson, referred to City Manager. So voted. M. Rourke noted the area was deplorable. Motion by C. Mercier, seconded by C. Robinson to take Item #13.7 out of order. So voted. 7. COMMUNICATIONS FROM CITY MANAGER 7.1. Motion Responses Continued From 7-23-24 In City Council, Motion “To accept and place on file” by C. Gitschier, seconded by C. Descoteaux. So voted. B) Motion Response - Fire Safety – C. Nuon commented on the report noting that the vendor for translation is not suitable to continue. C) Motion Response - Reckless Bikers – C. Jenness suggested a task force approach be taken to address the problem. C. Nuon noted the pursuit policy of the police and its limitations. C. Yem noted residents should supply information regarding these bikers. C. Gitschier noted the actions of the bikers impede the public safety. C. Jenness suggested setting up tip line to report bikers’ activity. D) Motion Response - Street Lighting – C. Mercier noted the residents  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 concerns with lighting in the Middlesex area. C. Mercier commented that the police identified poles which need repair. E) Motion Response - Sidewalk On Stevens Street – C. Gitschier commented on replacing trees in the area. F) Motion Response - Existing Educational Programs – C. Nuon noted the importance of the programs. G) Motion Response - Recycling Center – C. Nuon commented on the report. H) *Was Taken Out of Order* - Addressed at CC Meeting July 23, 2024 I) Motion Response - LCHC Residency Program And Overall Services – See discussion under Item #7.3. J) Motion Response - High School Project – See discussion under Item #7.3. 7.2. Motion Responses. In City Council, Motion “To accept and place on file” by C. Descoteaux, seconded by C. Belanger. So voted. A) Motion Response - Motor Vehicle Tickets Fiscal Year 2024 – C. Gitschier noted the strength of the revenue and high return. Conor Baldwin (CFO) commented how the revenue was housed in the budget. B) Motion Response - LFD Aerial Ladder – C. Robinson noted report contained a lot of valuable information. C) Motion Response - Khmer Welcome - C. Nuon recognized work of the administration. D) Motion Response - State Delegation – C. Robinson indicated they would await a date to meet.  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 E) Motion Response - See Something Say Something – C. Robinson indicated the report highlights the need for the 311 System. 7.3. Informational Reports Informational Report - Lowell Community Health Center – Sue Levine (LCHC) introduced board members and provided a snapshot of the organization today and how it got there. Ms. Levine outlined new programs with include a pharmacy and residency program. C. Gitschier commented on the need and the effort of the organization. C. Mercier commented on the new programs. C. Robinson noted the creative approach to serve the community. C. Descoteaux noted the importance of the services provided to the community. C. Chau noted the strong need for services in the community. C. Nuon commented on the diverse work in the community. Informational Report - Lowell High School Project – James Dowd (Skanska) introduced members of management team. Pannha San Chung (Suffolk) provided update of the construction of the project. C. Mercier questioned the number of union workers on site. C. Robinson questioned status of change orders for project. Mr. Dowd commented on those changes noting they were within reason. C, Gitschier commented on the percentage of completion of the project. Mr. Dowd commented on construction, budget and change orders indicating the quality of the construction has not changed on the project. C. Gitschier questioned communication level with the schools and that maintenance of the site will be the biggest challenge. M. Rourke noted the number of Lowell residents working on the project. C. Belanger noted the report was encouraging and there were some concerns with the change orders. M. Rourke suggested a tour by the body. Manager Golden, Jr. noted the site was busy and that there will be some lingering issues with a punch list after schools open. Motion by C. Mercier, seconded by C. Robinson to take Item #8.6 out of order. So voted. 7.4. Communication - Appointment of James Harmon to Veterans Commission.  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 by C. Mercier, seconded by C. Yem. Adopted per Roll Call vote 9 yeas, 2 absent (C. Scott, C. Nuon). So voted. Motion by C. Mercier, seconded by C. Nuon to waive second reading and bundle Items #8.1 to #8.7, excluding Item #8.6. So voted. 8. VOTES FROM THE CITY MANAGER 8.1. Vote - Accept/Expend $35,521 Equipment and Technology Grant – LPD. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 8.2. Vote - Accept/Expend $82,876 SSYI Grant – LPD. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 8.3. Vote - Affirm Vote of LMA Board of Trustees for Mickey O’Keefe Plaque. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 8.4. Vote - Authorize CM Amend Parking Lease with All Smile Dental Care, Inc. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 absent (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 8.5. Vote - Authorize CM Enter License Agreement with Kiwanis Club of Greater Lowell. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 8.6. Vote - Authorize CM Execute MOU with WinnDevelopment. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Mercier, seconded by C. Robinson. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. Michael O’Brien (Winn) outlined the agreement and indicated the favorable track record of the organization. 8.7. Vote - Authorize CM to Send Notice of Hearing. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 9. ORDERS FROM THE CITY MANAGER 9.1. Order - 60 Day Trial. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Robinson, seconded by C. Yem. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 10. ORDINANCES FROM THE CITY MANAGER 10.1. Ordinance - Quarterly Traffic - August 2024. In City Council, Given 1st Reading. Motion to refer to Public Hearing on August 27, 2024 @ 7 PM by C. Belanger, seconded by C. Gitschier. So voted. 11. RESOLUTIONS  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 11.1. Resolution - Support LTC Union Negotiations. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Mercier, seconded by C. Nuon. Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 12. REPORTS (SUB/COMMITTEE, IF ANY) 12.1. Housing SC August 13, 2024. In City Council, C. Yem provided report outlining the attendance and discussion regarding affordable housing trust and developments in the Acre. C. Yem noted the following motions adopted by the subcommittee for Council consideration: (1) Motion by C. Yem, seconded by C. Chau for City Council to request the Law Department prepare vote to accept State statute; establish Trust; and draft linkage ordinance to establish an Affordable Housing Trust Fund for the City and (2) Motion by C. Yem, seconded by C. Chau to request Law Department begin process to rezone parcel at 234-268 Mt. Vernon Street. C. Mercier requested information provided to subcommittee be available to all members. Motion by C. Yem, seconded by C. Robinson to accept the report as a report of progress and adopt the motions therein. So voted. 12.2. Senior Citizen SC August 1, 2024. In City Council, C. Mercier provided report outlining the attendance and discussion regarding issues effecting seniors and an update by the director. Motion by C. Mercier, seconded by C. Gitschier to accept the report as a report of progress. So voted. 13. PETITIONS 13.1. Claims - (3) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Robinson, seconded by C. Yem. 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 13.2. Misc. - Norma Von Fricken request permission to address Council regarding recycling/City trash. In City Council, Petitioner withdrew request. Motion by C. Mercier, seconded by C. Nuon to bundle Items #13.3 to #13.6, inclusive. So voted. 13.3. Misc. - Claudia Gabriel request installation of a handicap parking sign at 4 Park Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Belanger, seconded by C. Chau. So voted. 13.4. Misc. - Anne Resmini request installation of a handicap parking sign at 14 Bunker Hill Avenue. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Belanger, seconded by C. Chau. So voted. 13.5. Misc. - Luz Martir Torres request installation of a handicap parking sign at 715 Bridge Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Belanger, seconded by C. Chau. So voted. 13.6. Misc. - Melissa Ice (for benefit of Jakavon Ice) request installation of a handicap parking sign at 717 Bridge Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Belanger, seconded by C. Chau. So voted. 13.7. Misc. - Lowell Central Electric (Atty. John Cox) request City Council extend SMF Zoning District to include property at 534-556 Chelmsford Street which is zoned RR Zoning District.  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 refer to Law Department for report and recommendation and to draft ordinance by C. Nuon, seconded by C. Yem. So voted. 14. CITY COUNCIL - EXECUTIVE SESSION 14.1. Executive Session - Discuss Matters Of Litigation (Open Meeting Complaint), Public Discussions Of Which May Have A Detrimental Effect On The City's Position. In City Council, M. Rourke stated purpose of the session, Motion to enter executive session and adjourn from that session by C. Nuon, seconded by C. Yem. (9:15 PM) Adopted per Roll Call vote 10 yeas, 1 absent (C. Scott). So voted. 15. ANNOUNCEMENTS In City Council, none. 16. ADJOURNMENT In City Council, Motion to Adjourn from Executive Session by C. Mercier, seconded by M. Rourke. So voted. Meeting adjourned from Executive Session at 9:25 PM. ___________________________________ Michael Q. Geary, City Clerk