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 27, 2024 Time: 6:30 PM Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA / Zoom (Remote) 1. ROLL CALL Roll Call showed 9 present, 2 absent (C. Chau, M. Rourke). Vice Chair Yem presiding. 2. MAYOR'S BUSINESS 2.1. Communication Remote / Zoom Participation. In City Council, Motion “To accept and place on file” by C. Jenness, seconded by C. Mercier. So voted. 3. CITY CLERK 3.1. Minutes of Housing SC August 13th; City Council Regular Meeting August 13th, for acceptance. In City Council, Motion “To accept and place on file” by C. Scott, seconded by C. Robinson. So voted. 4. GENERAL PUBLIC HEARINGS 4.1. Ordinance - Quarterly Traffic - August 2024. In City Council, Given 2nd Reading, Hearing held. No Remonstrants. Motion “To adopt” by C. Scott, seconded by C. Descoteaux. Adopted per Roll Call vote 9 yeas, 2 absent (C. Chau, M. Rourke). 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 #5.16 out of order by C. Gitschier, seconded by C. Robinson. So voted. 5. CITY COUNCIL - MOTIONS 5.1. C. Yem - Req. City Mgr. invite the Lowell Housing Authority to address the Council and the public about the Merrimack Corridor Affordable Housing Development plans. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Nuon noted that Lowell Housing Authority will provide an information session. 5.2. C. Yem - Req. City Mgr. update Council regarding bridge repair funded by Raise Grant. In City Council, seconded by C. Robinson, referred to City Manager. So voted. 5.3. C. Yem - Req. City Mgr. have the appropriate department explore the possibility of placing American flags at the Ladd and Whitney Memorial Monument on Memorial Day to represent all Lowell veterans who lost their lives during all the conflicts. In City Council, seconded by C. Nuon, referred to City Manager/Veterans SC. So voted. Motion by VC Yem, seconded by C. Jenness to refer matter to Veterans SC. So voted. 5.4. C. Nuon/C. Jenness - Req. City Mgr. work with proper department to install Lowell Community Health Center banners on poles in front of the facility. In City Council, no second needed, referred to City Manager. So voted. C. Nuon commented on the request which would be helpful for clients and more ascetic. C. Nuon noted organization would assist financially. Manger Golden, Jr. commented on the use of banners with other organizations,  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 including educational ones. C. Robinson noted the work with other educational facilities. 5.5. C. Nuon - Req. City Mgr. update the City Council regarding the UMass Inn and Conference Center operations. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Nuon noted importance of the future use of the center and requested update of current status regarding the housing of migrants. C. Nuon noted the need to have partners gather to identify future use of the facility. C. Mercier requested update of current lease of the facility and possible extension. C. Jenness commented on State plan regarding housing and noted that there have been some issues with garage next to the center. Manager Golden, Jr. indicated that operations have been relatively smooth and that there was a year extension for the facility. 5.6. C. Nuon - Req. City Mgr. have proper department inspect residential trash bins to ensure lids are not broken and bins are not overfilled; also educate residents on the importance of keeping bins closed to keep rainwater out and lids down during gusty winds. In City Council, seconded by C. Mercier, referred to City Manager. So voted. Registered speaker, Paul Early, addressed the Council. C. Nuon noted that proper lids would benefit the operation. C. Nuon noted the need to educate consumers regarding bins. C. Gitschier requested report regarding operations of the recycling coordinator. C. Robinson noted large scale apartment buildings use of trash bins and that there is a need to educate people regarding disposal. 5.7. C. Robinson - Req. the City Mgr. have the proper department look at the intersection of West 6th and Bunker Hill Ave and provide recommendations for traffic mitigation measures. In City Council, seconded by C. Mercier, referred to City Manager. 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 5.8. C. Robinson - Req. the City Mgr. provide guidance on process and steps necessary to combat graffiti on Flood Wall in area of Beaver Brook. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Robinson commented on the residents concerns and that graffiti was in a prominent space and that it should not be considered art. C. Jenness noted the general issue with graffiti and provided a number for assistance. C. Mercier noted that City owns a graffiti removal machine. 5.9. C. Robinson - Req. the City Mgr. work with the proper department to create a plan to update as well as ensure long term usage of both city owned pools as well as pool facilities. In City Council, seconded by C. Scott, referred to City Manager. So voted. C. Robinson noted the need to upkeep pools as there are not many in the City and it is a vital resource to assist with teaching children how to swim. C. Scott commented on the need to teach swimming as it is a vital life skill. C. Gitschier questioned the availability of the UML pool. 5.10. C. Robinson -Req. the City Mgr. have the proper departments provide an update on City Cemetery barn/ bathroom renovation project. In City Council, seconded by C. Gitschier, referred to City Manager. So voted. C. Robinson noted the effort of the staff year-round and the need to provide proper working environment. 5.11. C. Belanger/C. Robinson - Req. City Mgr. encourage all city departments to host ribbon cuttings, grand openings etc. on nights and weekends for improved Council attendance. In City Council, no second needed, referred to City Manager. So voted. C. Belanger noted body has full time workers who would like to attend ceremonies regarding the City, as it is important to show support. C. Robinson noted the need to send right message to citizens and businesses.  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 5.12. C. Belanger - Req. City Mgr. have Parks Dept landscape and remove dumping materials surrounding the Pyne school as well as consider the installation of cameras and signage to combat further dumping of trash and construction materials. In City Council, seconded by C. Gitschier, referred to City Manager. So voted. C. Belanger noted it was an ongoing issue and that there is a need to improve landscaping in the area. C. Scott recognized the benefit of having cameras in the area to prevent illegal dumping. C. Robinson noted it was a challenging area due to location. C. Gitschier questioned the availability of cameras. 5.13. C. Belanger - Req. City Mgr. work with the proper utility company to remove egregious double pole located at 10 Fairmount St. In City Council, seconded by C. Gitschier, referred to City Manager. So voted. C. Belanger noted the pole has been there too long and needs to be removed. 5.14. C. Scott - Req. the City Mgr. provide a timeline for the repair of the culvert and road at the corner of Billerica and Bolton St. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Scott commented on need to have timeline to keep residents informed. 5.15. C. Scott - Req. the City Mgr. provide an update for residents on paving delays on Otis and Linden St. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Scott requested update for residents. 5.16. C. Gitschier - Req. the City Mgr. and Health department send a letter to the City’s State delegation asking that they file a bill giving each City and Town the authority to ban the sale of Kratom within their communities' limits.  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. Robinson, referred, as amended, to City Manager. Adopted per Roll Call vote 10 yeas, 2 absent (C. Chau, M. Rourke). So voted. Registered speaker, Holly Troudville, addressed the Council, and a video was presented. C. Gitschier offered friendly amendment without objection requesting a state-wide ban by the legislature for the sale of Kratom. C. Gitschier noted the danger of the supplement with no warnings present. C. Mercier noted the need to ban to prevent such a loss of life. C. Robinson commented the need to prevent on local level before the State acts. Lisa Golden (HHS) commented on upcoming Board of Health meeting which will address this issue. C. Nuon noted testimony oultines the need to ban this substance. C. Gitschier noted Senator Kennedy was backing such a bill in the legislature and thanked the speaker. Motion by C. Jenness, seconded by C. Robinson to take Item #5.18 out of order. So voted. 5.17. C. Jenness - Req. City Mgr. have proper department evaluate the driveway from Moody Street into the LPD parking lot for repair / resurface. In City Council, seconded by C. Scott, referred to City Manager. So voted. C. Jenness noted the concerns of employees. 5.18. C. Jenness - Req. City Mgr. have proper department(s) work towards implementing anti-bullying and anti-harassment training for all staff, including youth staff, as well as implementation of a zero- tolerance bullying and harassment policy with clear guidelines and action steps for monitoring and enforcement. In City Council, seconded by C. Robinson, referred to City Manager. So voted. Registered speaker, Jacalyn Connolly, addressed the body. C. Jenness commented on effects of bullying and the need for assistance. C. Jenness noted the need for a strong system to prevent bullying and that  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 there should be a complete review of the current system. C. Robinson noted the need to develop structures within organizations. 6. COMMUNICATIONS FROM CITY MANAGER 6.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Descoteaux. So voted. Motion by C. Jenness, seconded by C. Nuon to take Item #11.7 out of order. So voted. A) Motion Response - CPR Training – C. Mercier noted it was a good practice and had approval of department heads. B) Motion Response - Crosswalk Painting Near Schools – C. Gitschier questioned how far along the painting was. Elizabeth Oltman (Transportation Engineer) commented on crosswalks and street lining. C) Motion Response - Hollis Street – C. Scott commented on the MassDOT timeline. Ms. Oltman noted the need to seek alternative routes during construction. D) Motion Response - Woburn Street, Boylston Street and Speed Humps – C. Scott noted the update for the speed humps. Ms. Oltman noted the pilot program would go into next year as they compile resident concerns. C. Robinson noted surface work on roads will affect the speed hump installations. E) Motion Response - Prince Avenue – Registered speaker, Nancy Fortes, addressed the body via Zoom. C. Scott commented on trash trucks in the area around the parking and the width of the road. Ms. Oltman noted they would work with sign shop and the residents. Motion by C. Gitschier, seconded by C. Jenness to take Item #11.1 out of order. 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 F) Motion Response - Arcand Drive – C. Yem noted response was for C. Leahy motion. G) Motion Response - Boylston Street – C. Yem noted response was for C. Leahy motion. H) Motion Response - Varnum and Old Ferry – C. Gitschier noted the need for stronger support for lighting at the site. I) Motion Response - Deer Signs – C. Robinson noted the resident concerns with the deer population. J) Motion Response - Traffic Calming Program Updates – C. Robinson noted the report educates the public of all the work done for calming traffic. K) Motion Response - 18th Street – C. Robinson noted it was a small issue that was resolved, and it was a slow down measure. L) Motion Response - Christian At First Street – C. Robinson lauded the report. M) Motion Response - Update On School Bathrooms – C. Gitschier noted report was full of fluff and that if project was done correctly at first it would not have to be done again. C. Descoteaux noted response indicates need for a joint city/school maintenance department. C. Robinson commented on the need for centralized facilities. N) Motion Response - Major Projects Final – C. Nuon commented on the many projects and the costs, noting the firehouse repairs. Asst. Fire Chief Keene noted all fire projects are in place. C. Mercier noted the amount of information in the report and public should be aware of it as well. C. Robinson commented on the catch basin work. Aaron Fox (WasteWater) outlined the program for catch basin for in-house and contract work. C. Robinson noted Christian Hill Reservoir work, tree replacement program and the St. Louis project. Manager Golden, Jr. commented on the investment by the City and that they would provide a platform for public to  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 see this information. C. Gitschier commented on the solar program and the revenue it generates. C. Yem commented on the Western Avenue improvements. Motion by C. Gitschier, seconded by C. Scott to waive second reading and bundle Items #7.1 to #7.5, excluding Item #7.3. So voted. 7. VOTES FROM THE CITY MANAGER 7.1. Vote - Accept/Expend $149,417 BHOAP Grant. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Jenness, seconded by C. Descoteaux. Adopted per Roll Call vote 9 yeas, 2 absent (C. Chau, M. Rourke). So voted. 7.2. Vote - Accept/Expend $484,033 FR-CARA Grant. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Jenness, seconded by C. Descoteaux. Adopted per Roll Call vote 9 yeas, 2 absent (C. Chau, M. Rourke). So voted. 7.3. Vote - Adopt MGL c.44 s.55C. In City Council, Given 1st Reading. Motion to refer to Public Hearing on September 10, 2024 @ 7 PM by C. Jenness, seconded by C. Belanger. So voted. 7.4. Vote - Ratify And Approve The Execution By City Manager Of MOU With Local 1705. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Jenness, seconded by C. Descoteaux. Adopted per Roll Call vote 7 yeas, 2 absent (C. Chau, M. Rourke), 2 Recuse (C. Yem, C. Mercier). 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 7.5. Vote - Ratify And Approve The Execution By City Manager Of MOU With MVEA Unit I. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Jenness, seconded by C. Descoteaux. Adopted per Roll Call vote 8 yeas, 2 absent (C. Chau, M. Rourke), 1 Recuse (C. Yem). So voted. C. Gitschier questioned money amount regarding step increase. Conor Baldwin (CFO) indicated the increase correlated with other union grids. 7.6. Vote - Transfer $3,530,160 for COLA Union Funding. In City Council, VC. Yem withdrew vote from agenda. No objections. 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. Nuon, seconded by C. Jenness. Adopted per Roll Call vote 9 yeas, 2 absent (C. Chau, M. Rourke). So voted. 9.ORDINANCES FROM THE CITY MANAGER 9.1. Ordinance - Amend Chapter 193 - Linkage Fee. In City Council, Given 1st Reading. Motion to refer to Public Hearing on September 10, 2024 @ 7 PM by C. Nuon, seconded by C. Robinson. So voted. 9.2. Ordinance - Establishment of Affordable Housing Trust Fund. In City Council, Given 1st Reading. Motion to refer to Public Hearing on September 10, 2024 @ 7 PM by C. Gitschier, seconded by C. Jenness. So voted. 10. REPORTS (SUB/COMMITTEE, IF ANY) 10.1. Wire Inspector Reports:  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) National Grid - Request permission to install (1) JO pole on Quebec Street; 2) Boston Gas d/b/a National Grid - Request installation of replacement 6 inch plastic gas main on Powell Street; and 3) Boston Gas d/b/a National Grid - Request installation of replacement 2 inch plastic gas main on Appleton Street. In City Council, Motion to accept adopt accompanying order by C. Jenness, seconded by Gitschier. So voted. 11. PETITIONS 11.1. Claims - (4) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Jenness. So voted. Registered speaker, Kristyn Rudolph, addressed the Council regarding claim. C. Gitschier requested City assist with the issue. C. Robinson questioned the pump replacement program. Mr. Fox outlined the program. 11.2. Misc. - Antonio Irizarry request installation of a handicap parking sign at 27 Fremont Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Mercier, seconded by C. Robinson. So voted. 11.3. Misc. - Sokchoeun Lieng request removal of handicap parking sign at 114 South Whipple Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Mercier, seconded by C. Robinson. So voted. 11.4. Misc. - Joseph Espinola, III request permission to address the Council regarding classification of retirement. In City Council, Mr. Espinola, III withdrew petition prior to meeting. No objections.  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 11.5. Misc. - Norma Von Fricken request to address City Council regarding rubbish and disposal. In City Council, Motion “To accept and place on file” by C. Robinson, seconded by C. Descoteaux. So voted. C. Jenness noted he did not support the motion. 11.6. Misc. - Michael Rudy request permission to discuss operations of the new parking meters installed this year. In City Council, Motion “To accept and place on file” by C. Gitschier, seconded by C. Robinson. So voted. 11.7. Misc. - Ron Peacetree on behalf of Llama & Solidarity Lowell. In City Council, Motion by C. Gitschier, seconded by C. Jenness to refer to City Manager to forward the petition to State and Federal delegations to assist in requesting additional resources to combat the homelessness issue in the City. Adopted per Roll Call vote 9 yeas, 2 absent (C. Chau, M. Rourke). So voted. The following registered speakers addressed the body in support of the petition: Ryan Oates; Drew Polatchek; Paul Gaudet; Brandon Wright; Marissa Dupont; Jovanna Mason; and Caroline Snow (via Zoom). C. Jenness noted there must be an approach this winter and a planned developed. Motion by C. Jenness, seconded by C. Nuon to request City Manager develop warming unit plans for upcoming winter season for those in need. So voted. C. Robinson requested City reach out to other communities and non-profits to support social service efforts. C. Gitschier noted efforts for affordable housing to get needed shelter for homeless. Manager Golden, Jr. noted efforts on the part of the City and the partners, as well as the investment of money and resources being put forward. Manager Golden, Jr. noted disturbing trend of other communities simply dropping their homeless into the City, a situation in which the City could not maintain proper service. C. Gitschier commented on the frustration of residents and business owners and the escalating costs 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 providing services. C. Nuon noted all partners and petitioners should be at the table to foster possible solutions. C. Descoteaux noted the City is spinning its wheels as more homeless are transported to the City and that there is a need for additional resources on the state, federal and local level. C. Robinson noted the setting up on the warming center and the parameters it would operate is easier than getting professional to operate same. C. Robinson noted that the pressure by petitioners should be at the state and federal level. C. Mercier noted the need to have a large central location to assist those in need. Motion to bundle Items #11.8 to #11.11, inclusive by C. Mercier, seconded by C. Descoteaux. So voted. 11.8. National Grid - Request installation of underground electric conduits along 170-172 Riverside Street for a new cell antenna. In City Council, Given 1st Reading. Motion to refer to Public Hearing on September 10, 2024 @ 7 PM by C. Jenness, seconded by C. Scott. So voted. 11.9. National Grid - Request installation of underground electric conduits at 14 West Fourth Street. In City Council, Given 1st Reading. Motion to refer to Public Hearing on September 10, 2024 @ 7 PM by C. Jenness, seconded by C. Scott. So voted. 11.10. National Grid/Verizon - Request installation of (1) guy stub pole. In City Council, Given 1st Reading. Motion to refer to Public Hearing on September 10, 2024 @ 7 PM by C. Jenness, seconded by C. Scott. So voted. 11.11. National Grid/Verizon NE - Request installation of (1) JO pole at School and Perrin Street.  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 September 10, 2024 @ 7 PM by C. Jenness, seconded by C. Scott. So voted. 12. CITY COUNCIL - EXECUTIVE SESSION 12.1. Executive Session - To Consider And Discuss The Disposition of Parcels within the Hamilton Canal District, Public Discussions Of Which May Have Detrimental Effect On The Negotiating Position Of The City. In City Council, Vice Chair Yem stated purpose of the session, Motion to enter executive session and adjourn from that session by C. Robinson, seconded by C. Mercier. (9:42 PM) Adopted per Roll Call vote 9 yeas, 2 absent (C. Chau, M. Rourke). So voted. 13. ANNOUNCEMENTS In City Council, C. Descoteaux recognized the improvements at the Pawtucket Memorial School. Yovani Baez-Rose (DPD) noted events regarding Cambodia Town. 14. ADJOURNMENT In City Council, Motion to Adjourn from Executive Session by C. Jenness, seconded by C. Belanger. So voted. Meeting adjourned from Executive Session at 9:50 PM. ___________________________________ Michael Q. Geary, City Clerk