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: January 14, 2025 Time: 6:30 PM Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA / Zoom (Hybrid) 1. ROLL CALL Roll Call showed 9 present (C. Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Yem), 2 absent (C. Chau, C. Scott). M. Rourke presiding. C. Mercier requested moment of silence in darkened chamber for Normand L. Ayotte and City of Lowell employee, Emer Mezzitti. 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. Descoteaux. So voted. M. Rourke recognized the City of Lowell 12U Babe Ruth State Champions. Brian Durkin introduced the team members and the coaches. C. Gitschier recognized the efforts of the team. C. Descoteaux noted the history of baseball in the City. C. Yem requested pictures with Council. 3. CITY CLERK 3.1. Minutes of Non-Profit Organization SC January 7th; City Council Regular Meeting January 7th, 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. Jenness. So voted. Motion by C. Yem, seconded by C. Robinson to take Item #6.1 out of order. So voted. 4. CITY COUNCIL - MOTIONS 4.1. C. Nuon - Req. City Mgr. provide City Council with a report concerning efforts being made within the Lowell Fire/Police Departments to recruit more minority firefighter/officers. In City Council, seconded by C. Mercier, referred to City Manager. So voted. C. Nuon noted the need to have a representative department within the community. 4.2. C. Nuon - Req, City Mgr. with MIS provide a timeline for the full implementation of the 311 system. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Nuon noted the system was long overdue for the full rollout and with the increased MIS staff there should be no issues. C. Robinson noted deadline had been set and that the Council should be able to review before public. 4.3. C. Nuon - Req. City Mgr. update the City Council on the construction at the Westford and Steadman Street intersection. In City Council, seconded by C. Descoteaux, referred to City Manager. So voted. C. Nuon noted challenges at the site and that the new construction will improve that and requested timeline. C. Gitschier commented on prior timeline which included the taking of land that would be needed. Motion by C. Descoteaux, seconded by C. Gitschier to take Item #5.2 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 4.4. C. Nuon - Req. City Mgr. reach out to members of Congress, including Congresswoman Lori Trahan, to advocate for federal support to provide for the City ’s homeless population. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Nuon noted that problem can not be solved alone and that there is a need for all resources at all levels. 4.5. C. Robinson - Req. City Mgr. have the proper department explore holding a Civil Service Exam recruitment session with assistance provided regarding application process ahead of the January 18th Municipal Police/MBTA Transit Police Officer deadline. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Robinson noted that the date was January 28th and that City could provide assistance with the process through community outreach. 4.6. C. Robinson/C. Gitschier - Req. City Mgr. contact the Governors Office, our Congresswoman ’s office, Senator Kennedy ’s office and our state delegation seeking any funding opportunities aimed at improving LTLC’s services, programming, as well as facilities. In City Council, no second needed, referred to City Manager. So voted. C. Robinson noted the information from the Non-Profit Organization SC and that the agency provides services but there is need for added resources to enhance those services. C. Gitschier noted the agency provides a lot of services and there is a need to maintain and grow those services. 4.7. C. Gitschier - Req. City Mgr. update the City Council on the maintenance plan for the Aiken Street Bridge. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Gitschier noted prior report which did not include a maintenance plan and that such a plan must be in place as bridge continues to deteriorate.  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 4.8. C. Gitschier - Req. City Mgr. update the City Council with change orders for the High School Project and the contingency account remainin g. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Gitschier commented on prior motions and the need to see any changes to work orders. C. Belanger commented on prior report and noted that more change orders would be coming as they move to the older part of the site. 4.9. C. Gitschier - Req. City Mgr. provide the City Council with a report on all training/professional development attended by City maintenance staff (Land and Buildings) over the last five years; outline courses taken, employees and dates. In City Council, seconded by C. Robinson, referred to City Manager. So voted. M. Rourke commented on the privacy element of the request. 4.10. C. Gitschier - Req. City Mgr. draft a letter to Secretary Augustus in opposition of waiving the cost of water and sewer tie in costs and pass the costs on to the taxpayers. In City Council, seconded by C. Robinson, referred to City Manager. So voted. C. Gitschier noted the tie ins were associated with the Accessory Dwelling Units (ADU) and that the regulations were not allowing municipalities to charge for them. C. Gitschier noted that these fees were important to offset costs. C. Robinson noted that no fee should be waived with our aging infrastructure and federal mandates. 4.11. C. Gitschier/C. Jenness - Req. City Mgr. set up a tour of the finished portion of the high school project and the areas still needing to be completed; provide the City Council with a schedule outlining the areas needing to be completed and the expected timeframe for completion.  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. Gitschier noted all Councilors should see product and review schedule. C. Jenness noted that public should be given an opportunity to view the finish product as they would be paying for it. C. Mercier noted time should be made available so that all Councilors can attend. C. Belanger noted many issues have been addressed. C. Descoteaux commented on the completion date of 2026. C. Gitschier noted tour should just be for Council to ensure enough information is gathered. 4.12. C. Mercier - Req. City Mgr. have the proper department correct and eliminate the mold growing in the LPD holding cell ceilings. In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Mercier commented on the issue which needs immediate attention. C. Gitschier commented on the need to be proactive with maintenance. 4.13. C. Belanger - Req. City Mgr. update Council regarding handicap ramp access at the Bartlett School. In City Council, seconded by C. Descoteaux, referred to City Manager. So voted. C. Belanger noted request came from the Disability Commission indicating that there are access issues on site. 5. COMMUNICATIONS FROM CITY MANAGER 5.1. Motion Responses . In City Council, Motion “To accept and place on file” by C. Belanger, seconded by C. Descoteaux. So voted. A) Motion Response - Surveillance Cameras in Downtown Lowell – C. Nuon noted added cameras are important for safety. Supt. Hudon (LPD) commented on funding for cameras and working that into a permanent budget item. Manager Golden, Jr. indicated issue with placing cameras on private buildings. C. Robinson noted funding for cameras is an appropriate budget request. C. Belanger noted progress in the report and indicated that private businesses would be supportive of the use of cameras.  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 B) Motion Response - Public Safety for Special Events and Festivals – C. Robinson noted the efforts of the City for safety first and the increase in those efforts for every event. C. Gitschier noted the efforts of the LPD in effective planning for safety. C. Jenness noted the City does great job with safety planning for events. C) Motion Response - Smith Baker Structural Assessment – Registered speakers addressed the body: Carol Keirstead – commented on the need to save historic buildings; Brad MacGowan – commented on report indicating structure was secure and that their organization would not be seeking funding from City; Rhondyna Reth – commented on keeping site for cultural purposes; and Ruthy Noy – commented on site has been part of the community for so long and should continue to exist. C. Yem noted the speakers and the report which indicated foundation was secure and that the building enhances the image of the City. M. Rourke noted that an RFP process must be done for any action on the site. C. Descoteaux commented on the report and the funds needed to restore the structure and indicated the time is now to begin to demolish the site. Motion by C. Descoteaux, seconded by C. Gitschier to begin process to demolish the Smith Baker Center. Adopted per Roll Call vote 6 yeas (C. Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Nuon, M. Rourke), 2 nays (C. Mercier, C. Robinson), 2 absent (C. Chau, C. Scott), 1 recused (C. Yem). So voted. C. Belanger noted the site has been vacant for the past twenty- four years with zero maintenance. C. Mercier commented on passion of group but outlined the report which indicated the structure is in poor condition and that there is no developer interest in the site. Yovani Baez- Rose (DPD) noted the current HUD restrictions which remain on site and must be adhered to as well, which include payment of fair market value of the property if sold. C. Mercier indicated willingness for one more round of RFP before demolition. C. Robinson noted one more RFP tied into current structural report should be done and if fails the property should be demolished. C. Gitschier noted that the status of this building has been known for a long time, and it remains dangerous and needs to come down. C. Gitschier indicated that any Councilor who is part of a group seeking to restore site should be recused from voting on same. C. Jenness noted  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 were prior RFPs that failed. Ms. Baez-Rose commented on the two prior RFPs. C. Jenness noted the parcel is full of dangerous issues and the only way for City not to lose money is to convert site to housing. C. Nuon noted report and the findings of serious issues which can not remain in place any longer. D) Motion Response - Native Tree Plantings – Matter moved to next week upon return of C. Chau. No objections. E) Motion Response - Maryl Drive - One-Way and No Commercial Vehicles – Motion to allow nonregistered speaker, Brian Monahan, to address the body by C. Belanger, seconded by C. Mercier. So voted. Mr. Monahan commented on number of efforts on site and that one-way may be best. Manager Golden, Jr. noted that sections regarding Maryl Drive and Rogers Street would be withdrawn from order and retuned for further review. 5.2. Communication - Appointment of New Members to Various Boards and Commissions . In City Council, Motion “To Adopt” by C. Gitschier, seconded by C. Descoteaux. Adopted per Roll Call vote 9 yeas (C. Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Yem), 2 absent (C. Chau, C. Scott). So voted. The following appointments were made: Lucia Walker (Planning Board) and Valerie Opara (Affordable Housing Trust Fund Board of Trustees). 6. VOTES FROM THE CITY MANAGER 6.1. Vote - Accept Gift of $1,000 from Enterprise Bank – LPD. In City Council, Motion “To Adopt” by C. Robinson, seconded by C. Nuon. Adopted per Roll Call vote 9 yeas (C. Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Yem), 2 absent (C. Chau, C. Scott). So voted. Eddie Enea (Enterprise Bank) commented on the gift.  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 6.2. Vote - Accept/ Expend $15,000 MCC Cultural District Grant . In City Council, Motion “To Adopt” by C. Jenness, seconded by C. Nuon. Adopted per Roll Call vote 9 yeas (C. Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Yem), 2 absent (C. Chau, C. Scott). So voted. 7. ORDERS FROM THE CITY MANAGER 7.1. Order - 60 Day Trial . In City Council, Motion “To Adopt as amended” by C. Robinson, seconded by C. Nuon. Adopted as amended per Roll Call vote 9 yeas (C. Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Yem), 2 absent (C. Chau, C. Scott). So voted. Motion by C. Robinson, seconded by C. Mercier to remove Section 266-37 (Maryl Drive) and Section 266-44 (Rogers Street) from order for further review. So voted. 7.2. Order - Demolition of 290 Branch Street . In City Council, Motion “To Adopt” by C. Mercier, seconded by C. Jenness. Adopted per Roll Call vote 9 yeas (C. Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Yem), 2 absent (C. Chau, C. Scott). So voted. 7.3. Order - Demolition of 40 Seventh Avenue . In City Council, Motion “To Adopt” by C. Mercier, seconded by C. Jenness. Adopted per Roll Call vote 9 yeas (C. Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Yem), 2 absent (C. Chau, C. Scott). So voted. 8. ORDINANCES FROM THE CITY MANAGER 8.1. Ordinance - Amend Chapter 266-43 Special Speed Regulations .  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 January 28, 2025 @ 7 PM by C. Gitschier, seconded by C. Jenness. So voted. 8.2. Ordinance - Quarterly Traffic - January 2025 . In City Council, Given 1st Reading. Motion to refer to Public Hearing on January 28, 2025 @ 7 PM by C. Mercier, seconded by C. Yem. So voted. 9. REPORTS (SUB/COMMITTEE, IF ANY) 9.1. Non-Profit Organization SC January 7, 2025. In City Council, C. Gitschier provided report outlining the attendance and the discussion regarding the Lowell Transitional Living Center and the Merrimack Valley Food Bank. Motion to accept the report as a report of progress by C. Robinson, seconded by C. Nuon. So voted. 9.2. Environmental and Flood Issues SC January 14, 2025. In City Council, C. Belanger requested matter be moved to next meeting. No objections. 9.3. Wire Insp. - National Grid - Request installation of underground electric service on Boston Road from Plain Street 75 feet south. In City Council, Motion to adopt and accept the accompanying order by C. Descoteaux, seconded by C. Jenness. So voted. 10. PETITIONS 10.1. Misc. - Residents First Development Corporation (Geary & Geary, LLP) request to rezone 12.5 acre parcel (River's Edge Development) back to Traditional Two Family Neighborhood (TTF) original zoning district from current Subject Neighborhood Multi-Family (SMF) district in order to complete final phase of 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 In City Council, Motion to refer to Law Department for report and recommendation and draft ordinance by C. Jenness, seconded by C. Yem. So voted. 10.2. Misc. - Norma Von Fricken request permission to address Council regarding waste disposal. In City Council. Ms. Von Fricken requested petition be withdrawn. No objections. 10.3. Misc. - Xindi Hennessey request permission to address Council regarding EV charging stations at the DPW. In City Council, Motion “To accept and place on file” by C. Descoteaux, seconded by C. Jenness. So voted. Ms. Hennessey commented on the EV chargers at the DPW and how that department harassed her regarding its use. Ms. Hennessey wished to charge her car there during the time she was working at a school. Manager Golden, Jr. noted that site was not appropriate for use by the public and that he would attempt to resolve the issue. C. Robinson noted cars should no be charged at the DPW location. C. Mercier noted lot should not be open to the public. C. Jenness requested attempt to resolve matter. C. Nuon commented to look for a resolution. C. Gitschier commented on prior use at the DPW which should not have been allowed. 11. CITY COUNCIL - EXECUTIVE SESSION 11.1. Executive Session - To Consider And Discuss The Possible Acquisition Of Property At 40 Market Street, Public Discussions Of Which May Have Detrimental Effect On Negotiating Position Of The City; And Further, To Consider and Discuss An Open Meeting Law Complaint Filed Against the City Council on December 26, 2024. In City Council, M. Rourke stated purpose of the session, Motion to enter executive session and adjourn from that session by C. Jenness, seconded by C. Robinson. (8:55 PM). Adopted per Roll Call vote 9 yeas (C.  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 Belanger, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, M. Rourke, C. Yem), 2 absent (C. Chau, C. Scott). So voted. 12. ANNOUNCEMENTS In City Council, none. 13. ADJOURNMENT In City Council, Motion to Adjourn from Executive Session by C. Jenness, seconded by C. Mercier. So voted. Meeting adjourned from Executive Session at 9:06 PM. ___________________________________ Michael Q. Geary, City Clerk