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City Council

Regular Meeting

Lowell, MA · October 15, 2024

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Minutes

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: October 15, 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 Kathleen Havey. 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: Library (Bridget Cooley-Director) In City Council, Motion “To accept and place on file” by C. Gitschier, seconded by C. Descoteaux. So voted. Ms. Cooley thanked the body for its support and noted the resources available at the library and introduced staff to provide a review of the last year with the bookmobile. C. Robinson noted the effort and the value of that resource. C. Nuon noted the value of the bookmobile and the funding that was used to bring the resource to Lowell. C. Jenness noted the bookmobile, and the library are great community assets. C. Chau noted the staff and volunteers within 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 library. C. Mercier commented that the staff were terrific and that the library was a vibrant building. Motion by C. Chau, seconded by C. Gitschier to suspend rules to allow Brian O’Keefe to address the body. So voted. Mr. O’Keefe commented on DEA program entitled Operation Engage which would be hosting a community forum regarding health and drug prevention as part of “Red Ribbon Week”. C. Yem noted the program and the success. C. Belanger commented on the initiative and was pleased that Lowell was a part of it. Motion to accept the item and place on file by C. Mercier, seconded by C. Nuon. So voted. 3. CITY CLERK 3.1. Minutes of Veterans SC October 8th; City Council Regular Meeting October 8th. for acceptance. In City Council, Motion “To accept and place on file” by C. Robinson, seconded by C. Scott. So voted. Motion by C. Robinson, seconded by C. Yem to take Item #5.3 out of order. So voted. 4. GENERAL PUBLIC HEARINGS 4.1. Ordinance - Amend Zoning Ext SMF Zone - 534-556 Chelmsford Street. In City Council, Given 2nd Reading, Hearing Held. No Remonstrants. M. Rourke noted that Item #6.2 (Planning Board recommendation) was favorable. Motion by C. Gitschier, seconded by C. Nuon to take Item #6.2 out of order. So voted. Atty. John Cox spoke in favor of the petition outlining the housing development with Planning Board and Lowell Housing Authority approval. Atty. Cox noted support of City departments and neighbors. C. Descoteaux noted the plan was acceptable and that site was used for dumping in the past. C. Mercier noted the project was approved by the Planning Board. C. Yem noted the need for housing in the City. C. Belanger noted the positive feedback and the benefit to the Lowell Housing 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 Authority. C. Robinson noted it was the right development for the area. C. Nuon noted the petition was reasonable. C. Gitschier noted it was a good area and that the Inland Street intersection would need some adjustments. C. Jenness noted it was a good use of the property and changes made sense. C. Chau approved of the multi-unit use. Motion to adopt by C. Mercier, seconded by C. Nuon. Adopted per Roll Call vote 11 yeas. So voted. Motion by C. Jenness, seconded by C. Mercier to take Item #6.3 out of order. So voted. 5. CITY COUNCIL - MOTIONS 5.1. C. Descoteaux - Req. City Mgr. provide an update on the recent repairs to the Lowell Memorial Auditorium and a projected 5 year capital budget plan. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Descoteaux noted the need for upgrades and that some work has been done but there must be long-term planning. 5.2. C. Yem - Req. City Mgr. and his team look at an alternative site to relocate the Lowell Transitional Living Center out of its current location, so that more economic vitality can flourish downtown. In City Council, seconded by C. Scott, referred to City Manager. So voted. Registered speaker, Brandon Wright (comment – noted value of shelter to the community and the need for increased programming for homeless), addressed the body. C. Yem noted input from business and parents of school children in the area. C. Jenness noted it was a private facility, and City could not have a say in location. M. Rourke noted the number of motions on this issue and that the facility is a dump which is used has a drop off center for neighboring communities. C. Gitschier questioned the role of the building inspector with the facility. Manager Golden, Jr. noted discussions with parties and development plans moving forward. C. Robinson noted possible training center for residents regarding addressing health concerns in the building. C. Mercier noted possible development 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 plans but indicated that the building is privately owned and at the same location for many years. C. Nuon noted valid concerns of the neighbors and that there needs to be a health and safety plan developed by multiple organizations. C. Belanger noted it was not the best location to serve the population and that it needs fixing. 5.3. C. Robinson - Req. City Mgr. have the proper department explore the installation of a volleyball court at Gage Park, utilizing a “modular floor system”. In City Council, seconded by C. Mercier, referred to City Manager. So voted. Registered speaker, Andres Lopez (comment – noted need for community gatherings for youth), addressed the Council. C. Robinson noted the benefit of working with the community. C. Gitschier commented on the use of outdoor space and the increased popularity of volleyball. 5.4. C. Robinson - Req. City Mgr. have the proper department explore expanding on working with the Refuge Art School and other interested stakeholders to increase the inventory of art receptacles. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Robinson noted the prior successful programs. 5.5. C. Robinson - Req. City Mgr. have the HR Director explore creating comprehensive department specific training manuals for all employees. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Robinson noted the need for constant training which is more efficient and raises stock of employees. 5.6. C. Gitschier/C. Scott - Req, City Mgr. provide the Fire Department with the proper funding for materials to complete the kitchen area at the Gorham Street fire station. 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, no second needed, referred to City Manager. So voted. C. Scott noted that kitchen is totally gone and need for funding is relevant. C. Gitschier noted multiple kitchens may be needed. Manager Golden, Jr. indicated Capital Funds are available for projects. Motion by C. Chau, seconded by C. Descoteaux to take Item #10.1 out of order. So voted. 6. COMMUNICATIONS FROM CITY MANAGER 6.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. Yem, seconded by C. Scott. So voted. A) Motion Response - Senior Center Parking – C. Gitschier did not agree with the report and noted where all the current spaces exist. C. Gitschier noted that marking spaces would be an easy task and that there must be some designated spaces near the entrance of the building. C. Mercier commented on the replacement of 4 handicap parking spaces at side of building. C. Belanger commented on the ability of the City to designate spaces. Manager Golden, Jr. noted that additional repair on the building needed for side entrance. C. Descoteaux noted it would not be difficult to designate spaces. C. Robinson noted that it would be an easy fix on side of building if being uses as a handicap entrance. B) Motion Response - Recreation Youth Swimming Program – C. Gitschier questioned location of the program. Peter Fatacanti (Recreation Dept.) commented on the programs and the selection process. C. Gitschier requested a more aggressive outreach program. C. Mercier noted location of pool for the programs at the Voke School. C) Motion Response - Review Board of Parks Policy Handbook – Motion by C. Gitschier, seconded by C. Mercier to request City Manager have Law Department review ownership status of existing concession stands throughout the City. So voted. C. Gitschier note handbook was a good guideline and outlined permitting process. 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 D) Motion Response – Kratom – C. Gitschier commented on the efforts of the Board of Health and his attendance at those meetings and that the efforts must continue. E) Motion Response - Cambodia Town Meeting – C. Nuon commented on the meeting and conversations to continue to assist businesses in the area. C. Yem noted concerns with plan being flexible. C. Yem commented on the installation of banners and that City check with partners in the area. C. Nuon noted banners would be installed upon completion of projects currently ongoing. F) Motion Response - Cybersecurity Costs – C. Scott commented on the high costs and noted updated procedures and policies in dealing with security. G) Motion Response - Ribbon Cuttings – C. Belanger noted importance of working with owners so that Council can be more responsive. C. Robinson noted some changes and the efforts of the Mayor’s Office. H) Motion Response - Council Employee Evaluation Tool – Motion by C. Scott, seconded by C. Yem to adopt recommendation for management tool via Collins Report. So voted. C. Scott noted performance-based evaluations. I) Motion Response - Prohibiting Sleeping Tenting Camping 1000 ft of School – C. Gitschier noted current proposed ordinance needs stronger language regarding within 1000 feet of a school zone. 6.2. Communication - Planning Board recommendation zoning code amendment from Regional Retail to Suburban Multi-Family at 534-556 Chelmsford Street. In City Council, Motion “To accept and place on file” by C. Yem, seconded by 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 6.3. Communication - Appointment of Paul Belley to Conservation Commission. In City Council, Motion “To accept and place on file” by C. Nuon, seconded by C. Yem. So voted. Mr. Belley thanked the body and noted contributions of Ms. Varnum, prior member. C. Scott recognized the choice as being spot on. C. Belanger noted it was a good person for the job. C. Jenness noted it was a good selection. C. Gitschier noted the many boards that Mr. Belley is on. C. Mercier noted it was a good choice. Motion by C. Gitschier, seconded by C. Nuon to bundle and waive second reading of Items #7.1 and #7.2. So voted. 7. VOTES FROM THE CITY MANAGER 7.1. Vote - Accept/Expend $37,617 FY24 Edward Byrne Memorial Justice Assistance Grant. 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 11 yeas. So voted. 7.2. Vote - Allocate $102,502.50 Opioid Settlement Funds. 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 11 yeas. So voted. 7.3. Vote - Transfer $2.9mil from Special Education Stabilization Fund. 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 7 yeas, 4 nays (C. Belanger, C. Descoteaux, C. Gitschier, C. Robinson). So voted. C. Descoteaux noted school administration made a serious error and were not being forthright about it. Conor Baldwin (CFO) noted the request did come from the School Committee. C. Belanger noted 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 request. C. Robinson requested more information. M. Rourke requested matter be voted upon. 8. ORDINANCES FROM THE CITY MANAGER 8.1. Ordinance - Amend Chap 222 - Unlawful Camping on Public Property. In City Council, Given 1st Reading. Motion to refer back to Law Department for changes regarding stronger language for within 1000 feet school zone by C. Gitschier, seconded by C. Robinson. Adopted per Roll Call vote 11 yeas. So voted. Motion by C. Jenness, seconded by C. Nuon to refer to Law Department for changes regarding first time violators are given a warning. Defeated per Roll Call vote 2 yeas, 9 nays (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Mercier, C. Robinson, M. Rourke, C. Scott, C. Yem). So voted. City Solicitor Williams outlined the parameters of the ordinance. C. Robinson noted a lot was left up to the police discretion. C. Chau noted police would be present on the scene. M. Rourke commented on criminal element of the ordinance. C. Yem commented on shelter closing policy and definition of personal property. M. Rourke inquired about fencing at South Common. C. Robinson questioned 1000 feet for school zone. Atty. Williams commented on the zone application. 8.2. Ordinance - Amend Fee Schedule – Parks. In City Council, Given 1st Reading. Motion to refer to Public Hearing on October 29, 2024 @ 7 PM by C. Gitschier, seconded by C. Yem. So voted. 9. REPORTS (SUB/COMMITTEE, IF ANY) 9.1. Transportation SC October 15, 2024. In City Council, C. Descoteaux requested to present report on October 22, 2024 City Council meeting with no objections. 9.2. Wire Insp. - Boston Gas d/b/a National Grid - Request replacing existing gas main 789-940 Chelmsford Street to facilitate tie-ins. 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 adopt the accompanying order” by C. Gitschier, seconded by C. Robinson. So voted. 10. PETITIONS 10.1. Misc. - Westford Street, LLC (Dave Daly, Mgr.)(Atty. John Cox) request extension of Tradition Two-Family Zone to include property at 684 Westford Street currently zoned Suburban Single-Family. In City Council, Motion to refer to Law Department for report and recommendation by C. Chau, seconded by C. Descoteaux. So voted. 10.2. Boston Gas d/b/a National Grid - Request installation of rectifier and anode bed for gas main protection along and near 69 Melrose Avenue. In City Council, Given 1st Reading. Motion to refer to Public Hearing on October 29, 2024 @ 7 PM by C. Descoteaux, seconded by C. Gitschier. So voted. 10.3. Boston Gas d/b/a National Grid - Request installation of replacement gas main on Vernon Street, from Sixth Street to Bennett Street. In City Council, Given 1st Reading. Motion to refer to Public Hearing on October 29, 2024 @ 7 PM by C. Descoteaux, seconded by C. Gitschier. So voted. 10.4. Boston Gas d/b/a National Grid - Request installation of gas service line for parking garage at 330 Jackson Street. In City Council, Given 1st Reading. Motion to refer to Public Hearing on October 29, 2024 @ 7 PM by C. Descoteaux, seconded by C. Gitschier. So voted. 11. ANNOUNCEMENTS 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, none. 12. ADJOURNMENT In City Council, Motion to Adjourn by C. Mercier, seconded by C. Nuon. So voted. Meeting adjourned at 8:40 PM. ___________________________________ Michael Q. Geary, City Clerk

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