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: March 4, 2025 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. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). M. Rourke presiding. C. Robinson requested moment of silence in darkened chamber for John “Jack” “Red” Dwyer. 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. C. Robinson presented citation to Cindy Mitchell who addressed and thanked the Council. 3. CITY CLERK 3.1. Minutes of City Council Regular Meeting February 25th, for acceptance. In City Council, Motion “To accept and place on file” by C. Descoteaux, seconded by C. Gitschier. 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. GENERAL PUBLIC HEARINGS 4.1. Ordinance - Create New Chapter 268 - Wage Theft. In City Council, Given 2nd Reading, Hearing held. Motion “To adopt” by C. Gitschier, seconded by C. Descoteaux. Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. Two representatives of construction unions spoke in favor of the ordinance and that it provides needed protection for workers. C. Robinson noted the strong statement and support for the unions. C. Yem noted it was a strong ordinance that would help minority workers. C. Gitschier noted the ordinance was drafted perfectly and recognized the City Solicitor for the work. 5. CITY COUNCIL - MOTIONS 5.1. C. Jenness - Req. City Mgr. provide Council with update on the current status of the Comcast Franchise Agreement. In City Council, seconded by C. Nuon, referred to City Manager/Technology and Utilities SC. So voted. Motion by C. Jenness, seconded by C. Gitschier to refer to Technology and Utilities SC. So voted. C. Nuon expressed concern with franchise fees. 5.2. C. Nuon - Req. City Mgr. work with the state delegation and sign department on state and local way-finding signage toward Cambodia Town. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Nuon noted prior motions and that it would assist with directions to the area. C. Yem noted it will increase activity in the area with new visitors. C. Chau noted that it would increase economic development in that area. 5.3. C. Nuon - Req. Mayor prepare a proclamation recognizing the month of April as “Sexual Assault Awareness Month”.  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. Jenness, referred to Mayor. So voted. C. Nuon noted the national recognition of the courage of survivors. 5.4. C. Nuon/C. Robinson - Req. City Mgr. provide an update on trash contract. In City Council, no second needed, referred to City Manager. So voted. C. Robinson requested the status and recognized the challenges present, but the vendor was improving with their services. Manager Golden, Jr. noted the work being done on the contract and that they are working through different proposals. C. Gitschier noted problems that existed have improved. 5.5. C. Nuon/C. Robinson - Req. City Mgr. provide a short-term plan to address the increase in violence in the City. In City Council, no second needed, referred to City Manager. So voted. M. Rouke requested that stats should be reviewed to see where the increase has occurred. 5.6. C. Robinson/C. Nuon - Req. City Mgr. have the proper department identify high pedestrian/vehicle traffic locations and bring forth recommendations to improve safety. In City Council, no second needed, referred to City Manager. So voted. C. Robinson noted that there are many areas with new developments which are affecting traffic patterns. Motion by C. Descoteaux, seconded by C. Mercier to take Item #5.16 out of order. So voted. 5.7. C. Robinson - Req. City Mgr. have the proper department look at increasing traffic enforcement efforts in the area of Hildreth Street and Aiken Avenue during pre and post school hours.  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. Jenness, referred to City Manager. So voted. 5.8. C. Robinson - Req. City Mgr. invite the Election Director in for a discussion around setting the 2025 election calendar. In City Council, seconded by C. Scott, referred to City Manager. So voted. C. Robinson noted the need for helpful information. Manager Golden, Jr. noted the calendar was being set already. C. Scott noted prior motion filed and requested response. 5.9. C. Gitschier - Req. City Mgr. provide the City Council with the number of fire hydrants out of service, their location and the date they were put out of service. In City Council, seconded by C. Jenness, referred to City Manager. So voted. C. Gitschier noted the uptick in fires and the need to have reliable equipment that is inspected often so that public safety personnel can do their job. 5.10. C. Gitschier - Req. City Mgr. provide the City Council with the number of fire hydrants still in service that are three 2 1/2 supply nozzles. In City Council, seconded by C. Jenness, referred to City Manager. So voted. See discussion under Item #5.9. 5.11. C. Gitschier/M. Rourke - Req. City Mgr. have Skanska (OPM) and Perkins Eastman of the LHS renovation project come before the City Council and explain the projected delays in phase three of the project (1922 building), the resolution to the issue, the work outside the scope needed and the costs. In City Council, no second needed, referred to City Manager. So voted. M. Rourke noted the alarming report regarding delay and costs. C. Gitschier noted the conditions during the walk through and was informed that it was  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 water and not canal water in the basement. C. Gitschier noted prior representations and that there is a need for a plausible explanation for changes and that any added costs will be on taxpayers. Manager Golden, Jr. indicated that they would petition the MSBA and explore all avenues to cover any potential added costs. C. Scott noted that design consultants may have some liability on this issue. C. Descoteaux noted the poor condition during the walk through and that people should expect substantial delays and costs. C. Belanger noted condition during walk through. C. Mercier commented that new construction would not have these common issues with rehab. 5.12. C. Mercier - Req. City Mgr. report on how many City employees are working from home and why. In City Council, seconded by C. Yem, referred to City Manager. So voted. C. Mercier requested a look at this. 5.13. C. Yem - Req. City Mayor prepare a proclamation declaring March 29, 2025 “National Vietnam War Veterans Day (50th Anniversary)”. In City Council, seconded by C. Scott, referred to Mayor. So voted. C. Yem noted importance of honoring these individuals. 5.14. C. Yem - Req. City Mgr. have the appropriate department plan an event in conjunction with the US Vietnam War commemoration and local veteran organizations to honor and thank Vietnam veterans and their families. In City Council, seconded by C. Scott, referred to City Manager. So voted. C. Yem presented a short video regarding the recognitions. 5.15. C. Descoteaux - Req. City Mgr. have the City Solicitor draft special legislation to exempt the City of Lowell from the Uniform Procurement Act (Ch. 30B) for homeless student transportation, similar to special education transportation.  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. Jenness, referred to City Manager. So voted. C. Descoteaux noted it is City money used for this transportation so there is a need to look for savings and ensure vendors can perform under the contract. C. Descoteaux noted that the process of getting quotes would cause savings and improve performance under the contracts. C. Gitschier noted that if vendor can not perform under the contract, they should be responsible for any damages caused by the failure to perform. Conor Baldwin (CFO) commented on 30B exemptions for special education and homelessness transportation. City Solicitor Williams noted suggested approach could generate savings. C. Gitschier noted that this service could be done in-house. 5.16. C. Descoteaux - Req. City Mgr. allow two representatives of the Save the Smith Baker Center group to enter the building for the specific purpose of City guided inspection of the interior, contingent upon proof of a one-day insurance policy covering property. In City Council, seconded by C. Mercier, referred to City Manager. So voted. Registered speaker, Dennis McCarthy, – commented the building can be developed and that the organization has insurance, addressed the Council. Motion by C. Descoteaux, seconded by C. Yem to allow Christine McCarron (President of Smith Baker Center Group) to address the body. So voted. Ms. McCarron noted the possibility of saving the building. C. Descoteaux noted suggestion could be a good compromise as HUD could be experiencing some changes. Camilo Espitia (DPD) noted the work being done regarding the building. C. Descoteaux noted that an RFP could run concurrent with demolition process. C. Yem noted the efforts of the group and that view of the building could be beneficial. C. Mercier wanted to give it one last try to save the site. C. Gitschier question legality of the motion in terms of public procurement. Atty. Williams noted the possibility of conflict with procurement as well as moving forward under a demolition vote. M. Rourke noted that there was a vote taken to demolish the building. Atty. Williams outlined the process if there was a vote to rescind. C. Gitschier noted that the group could not get funding until they had control of the site. M. Rourke noted that this would open up to all prospective  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 developers to enter site as well. C. Robinson noted prior request to develop RFP properly tailored to site that was rejected. C. Chau noted there is a question of liability. C. Belanger commented that you can not open the door for this request and that there was a vote to demolish it. C. Nuon noted the purpose of the motion was just to allow a view. C. Scott noted any change done needs a vote to rescind the demolish vote. C. Jenness noted concerns of safety, HUD regulations and legality of the motion. M. Rourke noted timing is not appropriate for the motion. After discussion C. Descoteaux withdrew the motion with the assent of C. Mercier who seconded the matter. 6. COMMUNICATIONS FROM CITY MANAGER 6.1. Motion Responses. In City Council, Motion “To accept and place on file” by C. Robinson, seconded by C. Jenness. So voted. A) Motion Response - Eco Dev with Attachments – C. Jenness noted support of small businesses. C. Mercier noted that businesses need to apply for the many services available to them. Mr. Espitia outlined the many programs. C. Yem noted the assistance of the City. Manager Golden, Jr. recognized the department for the success. B) Motion Response - Cameras, Lighting City Garages – C. Nuon noted the report which outlined funding for added resources in the garages. Motion by C. Mercier, seconded by C. Gitschier to take Item #7.5 with this matter. So voted. C) Motion Response - City Investments with Attachments – C. Belanger noted the many banks involved and the favorable rate. Kelly Oakes (City Auditor) commented on the favorable rates for the City. C. Belanger questioned services of credit unions. Mr. Baldwin noted that credit unions were restricted regarding municipal funding. C. Belanger commented on the health of many accounts. Ted Panagiotopoulos (City Treasurer) outlined those various accounts and the use of estimates for projections.  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. Communication - Resignations of Members from Various Boards and Commissions. In City Council, Motion “To accept and place on file” by C. Mercier, seconded by C. Descoteaux. So voted. The following resignations were accepted: Kenneth Wedge (Veterans Commission) and Ryan Rourke (Board of Parks) 6.3. Communication - Reappointments to Various Boards and Commissions. In City Council, Motion “To Adopt” by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. The following reappointments were made: Paul Paradise (Veterans Commission); Beth Noel (Lowell Cultural Council); Kshitij Karke (Lowell Cultural Council); and Kathleen Cullen-Lutter (Board of Health) 6.4. Communication - City Mgr. request approval of Out of State Travel (1) LPD. In City Council, Motion “To Adopt” by C. Scott, seconded by C. Gitschier. Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. Motion to bundle and waive second reading of Items #7.1 to #7.3, inclusive, by C. Jenness, seconded by C. Gitschier. So voted. 7. VOTES FROM THE CITY MANAGER 7.1. Vote - Accept Gift of $2000 from Lowell Five Bank.  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. Motion “To Adopt” by C. Descoteaux, seconded by C. Jenness. Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. 7.2. Vote - Accept/Expend $4k Library Explore Grant. In City Council, Given 2nd reading. Motion “To Adopt” by C. Descoteaux, seconded by C. Jenness. Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. 7.3. Vote - Apply/Accept/Expend $375k One Stop for Growth Grant. In City Council, Given 2nd reading. Motion “To Adopt” by C. Descoteaux, seconded by C. Jenness. Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. 7.4. Vote - Authorize Payment of Bills Incurred in Excess of Appropriations. In City Council, Given 2nd reading. Motion “To Adopt as Amended” by C. Jenness, seconded by C. Mercier. Adopted per Roll Call vote 10 yeas (C. Belanger, C. Chau, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem), 1 recuse (C. Descoteaux). So voted. Motion to amend vote to remove transportation bills, bill of Konica Minolta, bill of T-Mobile and bill of Fred J. Miller by C. Gitschier, seconded by C. Robinson. Adopter per Roll Call vote 6 yeas (C. Belanger, C. Chau, C. Gitschier, C. Jenness, C. Robinson, C. Scott,), 4 nays (C. Mercier, C. Nuon, M. Rourke, C. Yem), 1 recuse (C. Descoteaux). So voted. C. Descoteaux noted he would recuse himself from vote and discussion. C. Gitschier noted bills are not supported by purchase orders or contracts and he would not support this. Derek Pinto (School Finance) noted efforts to move forward and had some added information for the Council. C. Gitschier questioned Mr. Pinto’s response to the School Committee and did  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 not understand how there could not be a purchase order and questioned the legality of paying them. Atty. Williams noted contracts are handled on school side and that they have responsibility to ensure proper procurement. Ms. Oakes commented that she was not sure why school side would close a purchase order before payment. Mr. Pinto indicated that there were some bills to be withdrawn. 7.5. Vote - Transfer $1.1M from Parking Enterprise Fund. In City Council, Given 2nd reading. Motion “To Adopt” by C. Nuon, seconded by C. Yem. Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. C. Jenness questioned remaining balance in fund. Mr. Baldwin indicated that would deplete the account. C. Mercier noted the resources going into the garage. Mr. Baldwin commented on the use of funds. 8. ORDERS FROM THE CITY MANAGER 8.1. Order - 60 Day Trial. In City Council, Given 2nd reading. Motion “To Adopt” by C. Mercier, seconded by C. Jenness. Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. 8.2. Order - Taking and Acceptance of Delaware Avenue. In City Council, Given 1st Reading. Motion to refer to Public Hearing on March 18, 2025 @ 7 PM by C. Robinson, seconded by C. Scott. So voted. 9. REPORTS (SUB/COMMITTEE, IF ANY) 9.1. Housing SC March 4, 2025.  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, C. Yem requested matter be referred to next week. No objections. 10. PETITIONS 10.1. Claims - (6) Property Damage. In City Council, Motion to refer to Law Department for report and recommendation by C. Mercier, seconded by C. Jenness. So voted. 10.2. Misc. - Jose Cervantes request permission to address Council regarding plans to repair ADA compliant sidewalks throughout the City. In City Council, Motion to refer to Transportation Engineer for report and recommendation by C. Mercier, seconded by C. Jenness. So voted. Mr. Cervantes commented conditions of sidewalks need to be repaired. C. Gitschier noted prior investments in the infrastructure. 10.3. Misc. - John LaPan request permission to speak to City Council regarding parking issues and fines/tickets in the City. In City Council, Motion to refer to City Manager for report and recommendation by C. Descoteaux, seconded by C. Jenness. So voted. Mr. LePan noted the area around Mr. Vernon Street and the parking issues and proposed alternatives. C. Scott noted need to possibly revise parking in certain areas. 11. CITY COUNCIL - EXECUTIVE SESSION 11.1. Executive Session - To Consider and Discuss Ongoing Negotiations Relative To HCID Parcels 2,3,4,5 (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. Mercier. (9:05 PM). Adopted per Roll Call vote 11 yeas (C. Belanger, C. Chau, C. Descoteaux, C. Gitschier, C. Jenness, C. Mercier, C. Nuon, C. Robinson, C. Scott, M. Rourke, C. Yem). So voted. 12. ANNOUNCEMENTS In City Council, C. Mercier wished quick recovery for Jim Healy. M. Rourke noted start of Irish Cultural Week. C. Yem noted an upcoming Roberto Clemente Park meeting. C. Mercier noted House of Hope event. C. Yem wished the Manager a happy birthday on behalf of the Council. 13. ADJOURNMENT In City Council, Motion to Adjourn from Executive Session by C. Chau, seconded by C. Yem. So voted. Meeting adjourned from Executive Session at 9:30 PM. ___________________________________ Michael Q. Geary, City Clerk