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: September 10, 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. M. Rourke requested a moment of silence in darkened chamber for Louisa Varnum. 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. 3. CITY CLERK 3.1. Minutes of City Council Meeting August 27, for acceptance. In City Council, Motion “To accept and place on file” by C. Descoteaux, seconded by C. Gitschier. So voted. Motion to take Item #6.7 out of order by C. Jenness, seconded by C. Nuon. So voted. 4. GENERAL PUBLIC HEARINGS 4.1. Vote - Adopt MGL c.44 s.55C.  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 2nd Reading, Hearing opened, Motion to refer matter back to Manager for further study by C. Nuon, seconded by C. Robinson. So voted. 4.2. Ordinance - Amend Chapter 193 - Linkage Fee. In City Council, Given 2nd Reading, Hearing opened, Motion to refer matter back to Manager for further study by C. Descoteaux, seconded by C. Gitschier. So voted. 4.3. Ordinance - Establishment of Affordable Housing Trust Fund. In City Council, Given 2nd Reading, Hearing opened, Motion to refer matter back to Manager for further study by C. Jenness, seconded by C. Mercier. So voted. 5. UTILITY PUBLIC HEARING 5.1. National Grid - Request installation of underground electric conduits along 170-172 Riverside Street for a new cell antenna. In City Council, Given second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Nuon, seconded by C. Robinson. 5.2. National Grid - Request installation of underground electric conduits at 14 West Fourth Street. In City Council, Given second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Scott, seconded by C. Yem. 5.3. National Grid/Verizon - Request installation of (1) guy stub pole across from 401 Lakeview Avenue.  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 second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Robinson, seconded by C. Nuon. 5.4. National Grid/Verizon NE - Request installation of (1) JO pole at School and Perrin Street. In City Council, Given second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Scott, seconded by C. Descoteaux. 6. CITY COUNCIL – MOTIONS 6.1. C. Descoteaux - Req. City Mgr. update the Council on the Smith Baker Center. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Descoteaux requested update. Manager Golden, Jr. noted contract was almost finalized. 6.2. C. Descoteaux - Req. City Mgr. have Election & Census Director appear before the Council to answer questions relative to the error that resulted in 705 mail-in and early voting ballots not to be initially counted and what steps are being taken to assure proper policy and procedures are followed. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Descoteaux requested outline of the process for counting these ballots. Mr. William Rosenberry (Election Director) provided the process and noted recent issue with tallying and commented on corrective measures that will be done. C. Jenness commented on the effort of the staff and noted controls will be in place. C. Jenness commented on past request to update the Council regarding the Elections Department. C. Robinson noted the quick corrective action that was done. C. Gitschier noted the Director was only there a short time and used procedures in place, further noting the need for smooth transitions in departments. C. Belanger noted the quick response to the issue that was presented.  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 by C. Chau, seconded by C. Nuon to take Item #12.4 out of order. So voted. 6.3. C. Yem - Req. City Mgr. update the Council regarding the Smith Baker Center structural engineering report. In City Council, seconded by C. Descoteaux, referred to City Manager. So voted. 6.4. C. Jenness - Req. City Mgr. have the proper department conduct a targeted education and/or enforcement campaign around trash and recycle barrel placement to minimize sidewalk and roadway obstructions. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Jenness noted the residents' concerns, especially regarding children walking to school. C. Robinson noted the situation needs attention. 6.5. C. Jenness - Req. City Mgr. have the proper department review Boston’s “Recharge Boston” program to evaluate the feasibility of doing something similar here in Lowell. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Jenness commented on the programs and goals. 6.6. C. Jenness - Req. City Mgr. have the proper department develop a repair and maintenance plan for the benches in Lucy Larcom and Derby Parks. In City Council, seconded by C. Gitschier, referred to City Manager. So voted. C. Jenness noted that there should be preventive maintenance on these benches to ensure protection of the asset. C. Gitschier noted that there should be an inventory done on downtown benches to see if use is there and that they are in proper repair. C. Robinson noted that benches could be adapted to ensure they are uses properly.  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 6.7. C. Jenness - Req. City Council vote to declare September 16-20, 2024 as “Annual Voter Registration” Week in Lowell to recognize the contributions of local partners in their efforts to register new voters and promote civic engagement among Lowell’s citizens. In City Council, seconded by C. Nuon, referred to City Manager as amended. Adopted per Roll Call vote 11 yeas. So voted. Registered speakers, Nancy Coan and Luciano Paskevicius, addressed the Council. C. Jenness noted that motion should be amended to state “Lowell Voter Registration”, with no objection. C. Jenness noted that it would tie in with a national event. C. Mercier noted the importance of registration. C. Robinson commented on the importance of voter engagement. 6.8. C. Scott - Req. City Mgr. have the appropriate department begin reconstructing short segments of ADA ramps and bridge transitions that are in poor condition, starting in high priority areas which include areas to be identified by the Disability Commission as priorities. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Scott noted a resident concern, and a long-term solution is needed. C. Gitschier commented on the sidewalk plan formulated by the City. Manager Golden, Jr. commented on the plan and the costs associated with it. 6.9. C. Scott - Req. City Mgr. have the appropriate department develop a master plan for pedestrian movement through the City and a plan to develop multi-modal connections between UML and Gallagher Terminal in light of the LINC Project. In City Council, seconded by C. Nuon, referred to City Manager. So voted. Registered speaker, Sarah Lapp, addressed the body. C. Scott noted that action would resolve some existing issue in the area. C. Jenness commented on the UML and DPD interest and opportunities to becoming a more walkable city. C. Nuon noted the partnerships being formed to achieve the goals.  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. Belanger - Req. City Mgr. have the Transportation Engineer propose what traffic calming measures can be taken on Wentworth Avenue, from Andover Street to Mansur Street. In City Council, seconded by C. Mercier, referred to City Manager. So voted. 6.11. C. Gitschier - Req. City Mgr. provide the City Council with an update on the paving of the driveway and catch basin work at the Butler School. In City Council, seconded by C. Scott, referred to City Manager. So voted. C. Gitschier noted some sinking in the area. 6.12. C. Robinson - Req. City Mgr. have the proper department install a stop sign, as well as examine the area of Carolyn and Bunker Hill Avenue and provide recommendations on what traffic mitigation measures are needed. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Robinson noted stop sign was on 60-day trial and that other matters should be examined. 6.13. C. Robinson - Req. City Mgr. have the proper department recommend safeguard applications in line with ADA compliance in the area of 684 Beacon Street. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Robinson commented on residents in the area and the need signage regarding special needs children in that area. Responses 7. COMMUNICATIONS FROM CITY MANAGER 7.1. Motion Responses.  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. Descoteaux. So voted. A) Motion Response - Pawtucket Memorial School – C. Descoteaux noted the progress and the effort. C. Gitschier noted the need to move forward and that a facilities department would allow proactive approach. Manager Golden, Jr. noted the efforts of the DPW. B) Motion Response - Interns in the City – C. Gitschier noted the information regarding summer programs and wanted to expand on developing year-round programs. Manager Golden, Jr. outlined the many programs in different departments. Shannon Norton (Carrer Center) provided summer program report. C. Robinson noted the need for interns to assist with staffing in different departments. C) Motion Response - City-Wide Cleanup – C. Robinson noted the opportunity to expand program throughout the City. D) Motion Response - Responsibility for School Department Lawsuits - Motion by C. Gitschier, seconded by C. Mercier to refer matter to Finance SC. So voted. C. Gitschier commented on possible charge offs for school settlements. Conor Baldwin (CFO) noted that the state regulations would not allow that to happen. City Solicitor Corey Williams noted change would be needed through a special act in the Legislature. Mr. Baldwin noted each municipality handle charge offs differently. E) Motion Response - Explore Petitioning State Retirement System – C. Robinson questioned if there were a better retirement system to better current and future employees. Manager Golden, Jr. offered to send letter to find out proper parameters for possible changes. F) Motion Response - DPW Studies – C. Robinson noted the need for best practices for efficiency and that centralized facility department could be best avenue for 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 G) Motion Response - ARPA Update - With Attachment – Motion by C. Scott, seconded by C. Robinson to refer matter to Finance SC. So voted. H) Motion Response - ARPA Phase Projects Update With Attachment - Motion by C. Scott, seconded by C. Robinson to refer matter to Finance SC. So voted. I) Motion Response - ARPA Funded Positions With Attachment – C. Gitschier questioned the costs of the positions and when funding would end. Mr. Baldwin noted the salary cost associated with the ARPA funding is about seven percent. C. Gitschier noted the need to evaluate positions as the choice would be for higher taxes on layoffs of these positions. Mr. Baldwin indicated that there would be a case-by-case analysis. C. Nuon questioned how many full-time positions there were and what other grants could be used. C. Scott noted some positions started out of the regular budget. C. Mercier noted preference for employees who began with general funding. C. Yem noted the importance to maintain staff in the Elections Department. Mr. Baldwin indicated that Elections Department would be a priority. C. Jenness requested report regarding open positions and general fund positions. 7.2. Informational Reports Informational - Solid Waste and Recycling Update – Motion by C. Gitschier, seconded by C. Descoteaux to refer matter to Neighborhoods SC. So voted. Chris Sullivan (Recycling Coordinator) began report regarding department and programs and due to amount of information matter was referred to subcommittee. Informational - Presentation By Lupoli Company, LLC., Regarding Hamilton Canal – Representative of th Lupoli Company outlined status of current project the district and future plans for same. Mr. Lupoli noted the challenges to the project and the need to amend plans regarding size and use. C. Jenness requested updated renderings noting changes. C. Mercier commented on original plans being a high rise.  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 7.3. Communication - City Manager request Out of State Travel (3) LPD; (1) Mayor. In City Council, Motion to adopt by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 11 yeas. So voted. Motion by C. Nuon, seconded by C. Mercier to bundle and waive second reading Items #8.1 to #8.5, inclusive. So voted. 8. VOTES FROM THE CITY MANAGER 8.1. Vote - Accept/Expend $54,330.44 State 911 Department Training Grant – LPD. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Robinson. Adopted per Roll Call vote 11 yeas. So voted. 8.2. Vote - Accept/Expend $540,496 State 911 Department Support and Initiative Grant – LPD. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Robinson. Adopted per Roll Call vote 11 yeas. So voted. 8.3. Vote - Apply/Accept/Expend $220,102 Green Communities Grant. In City Council, Read twice, full reading waived without objection. Motion to adopt by C. Nuon, seconded by C. Robinson. Adopted per Roll Call vote 11 yeas. So voted. 8.4. Vote - Apply/Accept/Expend $40,000 Urban and Community Forest Challenge Grant.  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. Nuon, seconded by C. Robinson. Adopted per Roll Call vote 11 yeas. So voted. 8.5. Vote - Transfer $3,530,160 for COLA Union Funding. 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 8 yeas, 3 recuse (C. Gitschier, C. Mercier, C. Yem). So voted. C. Mercier, C. Gitschier and C. Yem each recused themselves for this vote. 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. Nuon, seconded by C. Mercier. Adopted per Roll Call vote 11 yeas. So voted. 10. ORDINANCES FROM THE CITY MANAGER 10.1. Ordinance - Amend Zoning Ext SMF Zone - 534-556 Chelmsford Street. In City Council, Given 1st Reading. Motion to refer to Planning Board for recommendation and to Public Hearing on October 15, 2024 @ 7 PM by C. Descoteaux, seconded by C. Jenness. So voted. 11. REPORTS (SUB/COMMITTEE, IF ANY) In City Council, none. 12. PETITIONS 12.1. Claims - (2) Property Damage.  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 by C. Gitschier, seconded by C. Descoteaux. So voted. 12.2. Misc. - Brandi Jong request installation of overhanging sign for the "Lazy Cat Lounge" located at 177 Merrimack Street. In City Council, Motion to refer to Law Department for report and recommendation by C. Jenness, seconded by C. Mercier. So voted. 12.3. Misc. - Joseph Espinola, III request permission to address the Council regarding reclassification of his retirement. In City Council, Petitioner withdrew the petition. 12.4. Misc. - Magaly Ronan request permission to address City Council regarding residential parking/traffic concerns at the corner of Andover and Wetherbee Streets. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Gitschier, seconded by C. Descoteaux. So voted. Ms. Ronan addressed the Council. Motion by C. Scott, seconded by C. Mercier to take Item #10.1 out of order. So voted. 12.5. Misc. - Weisong Shan request removal of a handicap sign located at 32-34 Hampshire Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Robinson, seconded by C. Yem. So voted. 13. CITY COUNCIL - EXECUTIVE SESSION 13.1. Executive Session - To Consider and Discuss Ongoing Negotiations Relative To Lupoli Companies, LLC, Public Discussion Of Which Could Have A Detrimental Effect On The City’s Position.  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, M. Rourke stated purpose of the session, Motion to enter executive session and adjourn from that session by C. Gitschier, seconded by C. Robinson. (8:36 PM) Adopted per Roll Call vote 11 yeas. So voted. 14. ANNOUNCEMENTS In City Council, M. Rourke noted LHS ROTC event on September 11th. C. Yem wished C. Scott a happy birthday on behalf of the Council 15. ADJOURNMENT In City Council, Motion to Adjourn from Executive Session by C. Noun, seconded by C. Yem. So voted. Meeting adjourned from Executive Session at 9:00 PM. ___________________________________ Michael Q. Geary, City Clerk