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: October 29, 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. (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. Gitschier. So voted. 3. CITY CLERK 3.1. Minutes of Non-Profit Organization SC October 22nd; City Council Regular Meeting October 22nd, for acceptance. In City Council, Motion “To accept and place on file” by C. Gitschier, seconded by C. Chau. So voted. 3.2. Vote - Cancel Council Meeting 11.05.24 . In City Council, C. Mercier questioned the reason for vote and dismissed the Secretary of State’s recommendation regarding public meetings on election night. Substitute Motion by C. Mercier, seconded by C. Nuon to have Council meeting on election night with a light agenda. Adopted per Roll Call vote 10 yeas, 1 absent (C. Descoteaux). So voted. C. Gitschier noted that motions could still be filed at this meeting.  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. Yem, seconded by C. Scott to take Item #7.4 out of order. So voted. 4. GENERAL PUBLIC HEARINGS 4.1. Vote - Authorize CM to Send Notice of Hearing for disposition of properties. In City Council, Given 2nd Reading, Hearing held. No Remonstrants. Motion “To adopt as amended” by M. Yem, seconded by C. Robinson. Adopted per Roll Call vote 10 yeas, 1 absent (C. Descoteaux). So voted. City Solicitor Williams requested that Beacon and Hastings Streets be removed from vote as issues have been resolved regarding those properties. Motion to remove Beacon and Hastings Streets from the vote by C. Robinson, seconded by C. Yem. So voted. 4.2. Ordinance - Amend Fee Schedule - Parks. In City Council, Given 2nd Reading, Hearing held. No Remonstrants. Motion “To adopt” by C. Gitschier, seconded by C. Robinson. Adopted per Roll Call vote 10 yeas, 1 absent (C. Descoteaux). So voted. 5. UTILITY PUBLIC HEARING 5.1. 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 second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Gitschier, seconded by C. Yem. 5.2. 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 second reading, Hearing held. Motion to refer to Wire Inspector for report and recommendation by C. Chau, seconded by C. Belanger.  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 5.3. Boston Gas d/b/a National Grid - Request installation of gas service line for parking garage at 330 Jackson 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. Mercier. 6. CITY COUNCIL - MOTIONS 6.1. C. Mercier - Req. City Mgr. provide information/update on the land on Pawtucket Boulevard and whether it could be used to benefit veterans. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Mercier noted the need for a building for the group and that they should be given preference due to their service to the nation. C. Robinson requested information regarding the parcel. Yovani Baez-Rose (DPD) identified the parcel. C. Gitschier noted the presence of a flood zone. 6.2. C. Gitschier - Req. City Mgr. have the proper department reach out to National Grid/ Neucco to replace the temporary patches they left in the sidewalks with the concrete that was in the sidewalks prior to their construction at the following locations: 142 Sanders Avenue and all of Ruth Street, before winter. In City Council, seconded by C. Chau, referred to City Manager. So voted. C. Gitschier noted the road has been in disrepair for some time and that the condition is interfering with the use. Shawn Machado (Asst. City Mgr.) noted the conversations with National Grid. C. Gitschier noted that National Grid is not responsive to the City. 6.3. C. Gitschier - Req. City Mgr. have proper department install solar lights on the top of the flag poles around the monuments in JFK Plaza. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Gitschier noted it is an easy procedure to mount the lights.  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 6.4. C. Gitschier - Req. City Mgr. have the proper department put flood lights on the pool house at the South Common facing the parking lot on South Street. In City Council, seconded by C. Chau, referred to City Manager. So voted. C. Gitschier commented on the progress and that it is lit now. C. Robinson noted the quick action in putting lighting up and that it will act as a preventative measure. 6.5. C. Gitschier - Req. City Mgr. have the Election Department setup early voting at the Senior Center for all elections going forward. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Gitschier noted it would be easier access to vote. 6.6. C. Gitschier - Req. City Mgr. have the proper department reach out to MassDOT and request the speed be reduced on Gorham and Chelmsford Streets up near Westford Street; Lakeview Avenue; Rogers Street between Lawrence and Nesmith Streets; Westford Street from Chelmsford to Wood Streets; and Stevens Street to 25 MPH zones. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Gitschier noted the need to make zones consistent for better enforcement. M. Rourke noted the lesser the speed the safer it will be. 6.7. C. Robinson/C. Gitschier - Req. City Mgr. have the City Solicitor draft an ordinance utilizing the City of Worcester Article 2, Section 2-2(b) and the selection of Mayor and Vice Chair as a template and incorporate District Councilors into existing language. In City Council, no second needed, referred to City Manager/Rules SC. Adopted per Roll Call vote 7 yeas, 3 nays (M. Rourke, C. Scott, C. Yem), 1 absent (C. Descoteaux). So voted. C. Robinson noted that the issue was in a Rules SC and that this should be there as well. C. Gitschier noted the wishes of the residents should be followed and that it can be done under  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 Plan E form of government and that there is no issue with subcommittee review. C. Yem noted the interaction with current Consent Decree imposed on the City. C. Mercier commented that district councilors need to be included in any discussion regarding the mayor. C. Gitschier noted that in open government changes are done often. M. Rourke commented on the Consent Decree noting that it was done with a lot of time, effort and money on the part of the City. C. Belanger noted the will of the voters but there were hurdles involved so subcommittee review was proper. C. Chau noted his support to refer to subcommittee. C. Scott noted mayor was a ceremonial position which is best done by the vote of the body. C. Robinson noted the vote of the residents, and that Worcester is a good prototype. M. Rourke noted system is best served by Council voting for the mayor. 6.8. C. Jenness - Req. City Mgr. prepare a letter to MassDOT and our state delegation on behalf of the Council requesting that the resurfacing work scheduled for Route 110 between Lowell and Methuen be performed at night, as much as possible in recognition of the significant impacts this project will have to the economic health and quality of life for our region ’s residents. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Jenness noted the interruptions with work during the day and that better for travelers if work done at night. 6.9. C. Nuon - Req. City Mgr. direct the Law Department to query the Huot v. City of Lowell plaintiffs ’ attorney regarding their opinion on direct election of the mayor by voters, noting that both district and at-large candidates are eligible and report back to the Council in Executive Session if necessary. In City Council, seconded by C. Mercier, referred to City Manager. Adopted per Roll Call vote 6 yeas, 4 nays (C. Chau, M. Rourke, C. Scott, C. Yem), 1 absent (C. Descoteaux). So voted. C. Nuon noted the referendum and that the democratic approach would be to reach out to the Plaintiffs regarding amending the Consent Decree. C. Gitschier commented on the at large  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 element compared to district representation. M. Rourke noted the establishment of the Consent Decree. Substitute Motion by C. Belanger, seconded by C. Chau to refer matter to Rules SC. Failed per Roll Call vote 2 yeas, 8 nays (C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Scott, C. Yem), 1 absent (C. Descoteaux). So voted. 6.10. C. Nuon - Req. City Mgr. consider adding another ballot drop box or moving the current location outside of the police station for future elections, it is safe in police station but intimidating to some voters. In City Council, seconded by C. Gitschier, referred to City Manager. Adopted per Roll Call vote 10 yeas, 1 absent (C. Descoteaux). So voted. M. Rourke questioned the verbiage that the police department was intimidating. C. Scott noted that any location needs staffing. C. Mercier commented on current trend to burn the drop boxes. C. Yem noted the need to protect the ballot box. C. Gitschier noted process with other communities. C. Nuon commented on his experience with police and that it was a constituent request. C. Robinson noted that the motion should not be challenges as it was a request of a constituent. 6.11. C. Nuon - Req. City Mgr. work with Elections Department to move early voting back to Senior Center for future elections; Senior Center is more accessible and has easy parking. In City Council, seconded by C. Gitschier, referred to City Manager. So voted. Note prior discussion under Item #6.5. 6.12. C. Belanger - Req. City Mgr. provide update regarding paving of school parking lots. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Belanger noted it should be a city-wide approach. 6.13. C. Belanger - Req. City Mgr. work with proper department to convert City parks to LED lighting.  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. Mercier, referred to City Manager. So voted. C. Belanger noted the issue in parks during late hours. 6.14. M. Rourke - Req. City Mgr. have law department draft "wage theft" ordinance similar to Somerville. In City Council, seconded by C. Robinson, referred to City Manager. Adopted per Roll Call vote 10 yeas, 1 absent (C. Descoteaux). So voted. Registered speakers Noel Xavier (comment – carpenter union member noted support of language) and Robert Judson (comment – union member noting fairness for all), addressed the Council. M. Rourke noted the need to protect against exploitation and outlined the ordinance procedure. C. Gitschier note the need for an ordinance. C. Mercier noted support for ordinance. C. Robinson commented on possible language of the ordinance. City Solicitor Williams noted penalties could be included in the ordinance. C. Belanger recognized the importance of the information. C. Yem noted protection is needed. C. Gitschier noted language should include all unions. 7. COMMUNICATIONS FROM CITY MANAGER 7.1. Motion Responses . In City Council, Motion “To accept and place on file” by C. Chau, seconded by C. Gitschier. So voted. A) Motion Response - MVP HMP Update – Motion by C. Scott, seconded by C. Yem to refer matter to Environmental and Flood Issues SC. So voted. B) Motion Response - Greenhalge School – Registered speaker, Sandra McNamara (comment – requested further information and changes), addressed the Council. Motion by C. Robinson, seconded by C. Gitschier to refer back Transportation Engineer for further review and recommendations. So voted. Mr. Machado commented on the 60 Day trial that coincided with this response so that should be removed from agenda. C) Motion Response - Superior Courthouse – C. Robinson 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 difficulty with the project. C. Scott questioned status of parking lots that are part of the parcel. Ms. Baez-Rose noted parking is included with any development of the parcels. C. Belanger questioned the control of the building. Ms. Baez-Rose noted that District Court was under the control of the City and not the Superior Court. D) Motion Response - Double Pole - 10 Parkview Ave – C. Belanger noted he was pleased with the response. E) Motion Response - Potholes on Unaccepted Streets – Motion by C. Gitschier, seconded by C. Robinson to refer matter to Neighborhoods SC. So voted. F) Motion Response - LHA Merrimack Corridor Affordable Housing Dev Plan – Motion by C. Yem, seconded by C. Scott to refer matter to Housing SC. So voted. Tha Chhan (Ex. Dir. Lowell Housing Authority) outlined three affordable housing projects currently in development: Merrimack Corridor, River’s Edge and Highlands. C. Yem noted projects revitalize the area. C. Robinson noted the support services being part of the projects. C. Gitschier questioned security and maintenance of the new sites. M. Rourke noted prior motions regarding security that are pending. C. Nuon questioned River’s Edge project. M. Rourke noted discussions would be best in a subcommittee. C. Mercier noted the Lowell Housing Authority is very responsive to the needs of the City and the community. Motion by C. Gitschier, seconded by C. Scott to take Item #6.14 out of order. So voted. H) Motion Response - Parking Issues on Fanning St – C. Yem noted the report and recommendations eased many concerns. 7.2. Informational Report . Informational Report - Aggregation New Contract – Registered speaker, Jonathan Grossman (comment – supported contract noted cost savings), addressed the Council. Katherine Moses (DPD) provided an overview of the contract noting various options available to the consumer. C. Mercier  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 options and the consultant in the contract. C. Gitschier questioned if comparison could be made regarding costs. Ms. Moses indicated that costs are mostly associated with the use. C. Robinson noted that higher use of sustainable energy is more costly to the consumer. Motion by C. Mercier, seconded by C. Nuon to take Item #11.5 out of order. So voted. 7.3. Communication - City Mgr. request Out of State Travel (1) LPD; (1) DPD. In City Council, Motion “To Adopt” by C. Nuon, seconded by C. Robinson. Adopted per Roll Call vote 10 yeas, 1 absent (C. Descoteaux). So voted. 7.4. Communication - Appointments to Lowell Youth Commission . In City Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Robinson. So voted. M. Rourke noted the three applicants: Antonia Bryant, Rafael Cotto and Tamara Waruingi. C. Mercier recognized the resumes of the applicants. Motion to suspend rules by C. Robinson, seconded by C. Gitschier to allow discussion regarding Mill City Grows funding. So voted. Courtney McSparron (Mill City Grows) commented on funding for the Healthy Incentive Program pending in supplemental State budget. Motion by C. Robinson, seconded by C. Gitschier to request City Manager send letter of support for funding for organizations through the state Healthy Incentive Program. So voted. Motion by C. Belanger, seconded by C. Yem to take Item #7.1(F) out of order. So voted. 8. VOTES FROM THE CITY MANAGER 8.1. Vote - Accept/ Expend PARC Grant and Dedicate Park at 68 Jackson St.  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. Mercier, seconded by C. Gitschier. Adopted per Roll Call vote 10 yeas, 1 absent (C. Descoteaux). So voted. 8.2. Vote - Authorize CM Ex. Parking Agreement with Middlesex Community College . 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, 1 nay (C. Gitschier), 1 recuse (C. Jenness), 1 absent (C. Descoteaux). So voted. C. Jenness noted he would recuse himself from discussion and vote on this matter. C. Gitschier commented on formula used to structure fees. Terry Ryan (Parking Director) commented on how pricing was established. C. Gitschier noted rates should stay consistent regardless of volume in the garage and questioned if changes could be made. Conor Baldwin noted that vote came about through negotiations with the parties and any changes would be subject to further negotiations. Substitute Motion by C. Gitschier, seconded by C. Robinson to refer for further changes regarding fee structure. Failed per Roll Call vote 4 yeas, 5 nays (C. Chau, C. Mercier, C. Nuon, M. Rourke, C. Yem), 1 recuse (C. Jenness), 1 absent (C. Descoteaux). So voted. C. Chau noted prior negotiations. C. Nuon noted the college as a partner with the City and that an agreement was reached. C. Scott noted already negotiated with Middlesex Community College. C. Belanger noted agreement between partners. 8.3. Vote - MRF FY2025 . In City Council, Given 1st Reading. Motion to refer to Public Hearing on November 12, 2024 @ 7 PM by C. Nuon, seconded by C. Robinson. So voted. 9. ORDERS FROM THE CITY MANAGER 9.1. Order - 60 Day Trial .  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, withdrawn from agenda, note discussion under Item #7.1 (B). 10. REPORTS (SUB/COMMITTEE, IF ANY) 10.1. Non-Profit Organization SC October 22, 2024. In City Council, C. Gitschier provided a report outlining attendance and discussion regarding partnerships with the non-profits throughout City and what the goals are. C. Gitschier outlined a presentation made by Habitat for Humanity and their involvement in the community. Motion by C. Mercier, seconded by C. Chau to accept the report as a report of progress. So voted. 10.2. Cannabis Control SC October 29, 2024. In City Council, C. Robinson requested to present report next week, no objections. 11. PETITIONS 11.1. Claims - (4) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Belanger, seconded by C. Scott. So voted. 11.2. Misc. - Dorothy Sweeney request installation of handicap parking sign at 70 Manchester Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Scott, seconded by C. Yem. So voted. 11.3. Misc. - Nicolas Toubia request installation of a handicap parking sign at 140 Farmland Road. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Gitschier, seconded by C. Belanger. 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 11.4. Misc. - Sopheap Tran request installation of a handicap parking sign at 27 Chapel Street. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Jenness, seconded by C. Nuon. So voted. 11.5. Misc. - Norma Von Fricken request permission to address Council regarding homeless. In City Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Nuon. So voted. Ms. Von Fricken addressed the body noting the deplorable conditions on Summer Street. 12. CITY COUNCIL - EXECUTIVE SESSION 12.1. 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 . 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. Mercier. (8:49 PM) Adopted per Roll Call vote 9 yeas, 2 absent (C. Descoteaux, C. Jenness). So voted. 13. ANNOUNCEMENTS In City Council, C. Yem wished M. Rourke a happy birthday on behalf of the Council. 14. ADJOURNMENT In City Council, Motion to Adjourn from Executive Session by C. Yem, seconded by C. Robinson. So voted. Meeting adjourned from Executive Session at 9:10 PM.  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 ___________________________________ Michael Q. Geary, City Clerk