⚡︎ Independent, reader-supported & ad-free · Follow the megawatts in all 50 states ⚡︎ Support Us
The Docket · Government Meeting · DKT-2026-003472

On the agenda: Lowell meeting — Data Center (Oct 6)

⚠ Agenda Watch  Lowell, Massachusetts · Tuesday, October 6, 2026 — today

About this record

The published agenda for this October 6 meeting contains: "Data Center". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.

WhenTuesday, October 6, 2026
Check the agenda document for the meeting time.
WhereLowell, Massachusetts
Bodymeeting Oct 6, 2026
Money$1,000 on the table
On the record“Data Center”

The agenda, word for word

Government public record — the full text of the published document, archived October 2, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

85 pages · scroll to read
Page 1 of 85

Date:
October 6, 2026
Time:
6:30 PM
Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA / Zoom (Hybrid)

1. ROLL CALL
2. MAYOR'S BUSINESS
2.1. Communication Remote/Zoom Participation:
Meetings Will Be Held In Council Chamber With Public Welcome And By Using
Remote Participation As Follows: Members Of The Public May View The Meeting
Via LTC.Org (On-Line; Live Streaming; Or Local Cable Channel 6). Those Wishing
To Speak Regarding A Specific Agenda Item Shall Register To Speak In Advance
Of The Meeting By Sending Email To City Clerk Indicating The Agenda Item And A
Phone Number To Call So That You May Be Issued Zoom Link To The Meeting.
Email Address Is [email protected]. If No Access To Email You May
Contact City Clerk At 978-674-4161. All Request Must Be Done Before 4:00 PM
On The Day Of Meeting. For Zoom - HTTPS://SUPPORT.ZOOM.US/HC/ENUS/ARTICLES/201362193-JOINING-A-MEETING

2.2. Proclamation - Hispanic Heritage Month.
Recognition:

i. Amada Gregory
ii. Annie Martinez
iii. Andre’s Lopez
iv. Betsy Toro
v. Jose De Jesus Cervantes
vi. Carmen Bermudez
vii. Maria Claudio
3. CITY CLERK
3.1. Minutes Of City Council Regular Meeting September 22nd, For Acceptance.
Documents:
2026 SEPTEMBER 22 CC MINUTES.PDF
4. UTILITY PUBLIC HEARING (Scheduled For 7PM)
4.1. Boston Gas - Request To Relocate Gas Main On Stockbridge Avenue.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/36123?
FILEID=105620

Page 2 of 85

4. UTILITY PUBLIC HEARING (Scheduled For 7PM)
4.1. Boston Gas - Request To Relocate Gas Main On Stockbridge Avenue.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/36123?
FILEID=105620
4.2. Boston Gas - Request To Replace Gas Mains Along Lawrence And Woburn Streets.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/36121?
FILEID=105618
4.3. Boston Gas - Request To Replace Gas Mains On Leroy, Canal And Grove Streets.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/36122?
FILEID=105619
4.4. Boston Gas - Request To Replace Gas Mains On Llewellyen, Beacon, Third And
Bennett Streets.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/36124?
FILEID=105621
5. CITY COUNCIL - MOTIONS
5.1. C. Nuon - Req. City Mgr. Contact Lowell's State Delegation To Advocate For
Legislation To No Longer Make A Voter Inactive If They Miss The Annual Municipal
Census Form.
5.2. C. Nuon - Req. City Mgr. Provide A Report About The Implementation Of State Law
Relative To Making Voters Inactive Which Will Include Recommendation For Better
Educating Voters About Their Voting Status Approaching An Election.
5.3. C. Nuon / C. Liang - Req. City Mgr. Work With Appropriate Department To Update
City Council Regarding Installation Of Cambodian Town's Banners Along Middlesex
Street.
5.4. C. Liang - Req. City Mgr. / City Clerk Offer Language Support And Interpretation
Services To Registered Speakers, Available Upon Request, During City Council,
Board, Commission And Community Meetings, Whether Held Virtually Or In Person.
5.5. C. McDonough - Request The City Manager Work With The Appropriate Departments
To Explore All Available Options For Increasing Compliance With The City's Noise
Ordinence As It Relates To Dumpster Services.
5.6. C. Robinson - Req. City Mgr. Have The Proper Department Explore And Provide A
Potential Path Towards The Addition Of A Skatepark In Centralville Including Possible
Locations.
5.7. C. Robinson - Req City Mgr. Have The Proper Department Work With The Housing
SC To Explore A Land Co-Op Model For The Opportunity To Increase Affordable
Homeownership.
5.8. C. Robinson / M. Gitschier - Req. City Mgr. Reach Out To All Tax Exempt, Community
Partners Such As ULowell, MCC, LHA, Etc. To Explain The Current Fire Staffing
Situation And Ask For Voluntary Assistance With Preventing Brownouts.
5.9. M. Gitschier / C. Robinson - Req. City Mgr. Have The Proper Department Start The
Process To Fill The Vacant District 1 City Council Seat.
6. COMMUNICATIONS FROM CITY MANAGER
6.1. Motion Responses
A) Motion Response - 40Y District

Page 3 of 85

Process To Fill The Vacant District 1 City Council Seat.
6. COMMUNICATIONS FROM CITY MANAGER
6.1. Motion Responses
A) Motion Response - 40Y District
B) Motion Response - Fire Chief Hiring Process
C) Motion Response - Hiring Practices and Background Check
D) Motion Response - MIS Tech Improvements
E) Motion Response - Support Letter Senate 3064
F) Motion Response - 24-hour Shelter Winter Protocol
G) Motion Response - Former City Councilor
H) Motion Response - Hot Pot
I) Motion Response - Advertising Vendors
Documents:
A) MOTION RESPONSE - 40Y DISTRICT.PDF
B) MOTION RESPONSE - FIRE CHIEF HIRING PROCESS.PDF
C) MOTION RESPONSE - HIRING PRACTICES AND BACKGROUND
CHECK.PDF
D) MOTION RESPONSE - MIS TECH IMPROVEMENTS.PDF
E) MOTION RESPONSE - SUPPORT LETTER SENATE 3064.PDF
F) MOTION RESPONSE - 24-HOUR SHELTER WINTER PROTOCOL.PDF
G) MOTION RESPONSE - FORMER CITY COUNCILOR.PDF
H) MOTION RESPONSE - HOT POT.PDF
I) MOTION RESPONSE - ADVERTISING VENDORS.PDF
6.2. Information Report
Informational Report - UML Safety Zone
Documents:
INFORMATIONAL REPORT - UML SAFETY ZONE.PDF
6.3. Communication - Resignations Of Members From Various Boards And Commissions
Documents:
COMMUNICATION - RESIGNATIONS OF MEMBERS FROM VARIOUS
BOARDS AND COMMISSIONS.PDF
6.4. Communication - Appointments To Lowell Youth Commission
Documents:
COMMUNICATION - APPOINTMENTS TO LOWELL YOUTH
COMMISSION.PDF
7. VOTES FROM THE CITY MANAGER
7.1. Vote - Accept Gift Of $1,000 From The Demoulas Foundation
Documents:
VOTE - ACCEPT GIFT OF 1,000 FROM THE DEMOULAS
FOUNDATION.PDF
7.2. Vote - Approve Special Election Schedule

Page 4 of 85

Documents:
VOTE - ACCEPT GIFT OF 1,000 FROM THE DEMOULAS
FOUNDATION.PDF
7.2. Vote - Approve Special Election Schedule
Documents:
VOTE - APPROVE SPECIAL ELECTION SCHEDULE.PDF
7.3. Vote - Authorize CM Ex. Contract With TRC Environmental Corp
Documents:
VOTE - AUTHORIZE CM EX. CONTRACT WITH TRC ENVIRONMENTAL
CORP.PDF
7.4. Vote - Transfer $183k - Ride Share
Documents:
VOTE - TRANSFER 183K - RIDE SHARE.PDF
7.5. Vote - Transfer $43k - Salaries
Documents:
VOTE - TRANSFER 43K - SALARIES.PDF
8. ORDERS FROM THE CITY MANAGER
8.1. Loan Order - Land Acquisition - 276 Broadway - Senior Center
Documents:
LOAN ORDER - LAND ACQUISITION - 276 BROADWAY - SENIOR
CENTER.PDF
9. REPORTS (SUB/COMMITTEE, IF ANY)
9.1. Neighborhoods SC September 15, 2026.
9.2. Rules & Election Law SC October 6, 2026.
9.3. Wire Inspector Reports:
1) National Grid - Request Installation Of Two 4-Inch Conduits On South Highland
Street Near Gorham Street;
2) Boston Gas - Replace Existing Gas Mains On Aiken Street And Avenue, Dalton
Street And Court, Exeter Street, Due To CSO Sewer Work; And
3) Boston Gas - Replace Replacement Of Existing 55 Feet Of Gas Main With New
Gas Main At 47 Fulton Street.
Documents:
2026 OCTOBER 6 WIRE INSPECTOR REPORTS (3)-BOSTON GAS CO
DBA NATIONAL GRID (2), MASS ELECTRIC CO DBA NATIONAL GRID
(1).PDF
10. PETITIONS

Page 5 of 85

2026 OCTOBER 6 WIRE INSPECTOR REPORTS (3)-BOSTON GAS CO
DBA NATIONAL GRID (2), MASS ELECTRIC CO DBA NATIONAL GRID
(1).PDF
10. PETITIONS
10.1. Claims - (6) Property Damage.
10.2. Misc. - Michael Malvesti Request Installation Of Proper Sidewalk Infrastructure Along
Acropolis Road.
Documents:
2026 OCTOBER 6 MICHAEL MALVESTI REQ SIDEWALKS ALONG
ACROPOLIS.PDF
10.3. Misc. - Sokmey Phe Request Installation Of A "15 Minute" Parking Sign At 89 Loring
Street.
Documents:
2026 OCTOBER 6 SOKMEY PHE REQ 15 MINUTE PARKING SIGN 89
LORING ST.PDF
10.4. Misc. - Kennith Harkins Request To Address City Council Regarding The Condition Of
The City Cemetery.
Documents:
2026 OCTOBER 6 KENNETH HARKINS REQ TO ADDRESS CITY
COUNCIL ON CEMETERY ISSUES.PDF
10.5. Misc. - Yolanda Irizarry Request Installation Of A Handicap Parking Sign At 33 4th
Street.
Documents:
2026 OCTOBER 6 YOLAND IRIZARRY REQ HANDICAP PARKING SIGN AT
33 4TH ST.PDF
10.6. Misc. - Phillip Fryns Request Installation Of A Handicap Parking Sign At 55 London
Street.
Documents:
2026 OCT. 6 PHILLIP FRYNS REQ HANDI-CAP SIGN BE PLACED AT 55
LONDON ST..PDF
11. CITY COUNCIL - EXECUTIVE SESSION
11.1. Executive Session - To Consider And Discuss Ongoing Negotiations Relative To
HCID Parcel 15 (Wexford Development, LLC), Public Discussion Of Which Could
Have A Detrimental Effect On The City’s Position; And Further To Consider And
Discuss The Deployment Of Security Personnel Or Devices, Or Strategies With
Respect Thereto; Flock Cameras; And Further To Consider And Discuss Potential
Tax Increment Financing (TIF) Agreement With Lowell Housing Authority, Public
Discussion Of Which Could Have A Detrimental Effect On The City’s Position.
12. ANNOUNCEMENTS
13. ADJOURNMENT

Page 6 of 85

Respect Thereto; Flock Cameras; And Further To Consider And Discuss Potential
Tax Increment Financing (TIF) Agreement With Lowell Housing Authority, Public
Discussion Of Which Could Have A Detrimental Effect On The City’s Position.
12. ANNOUNCEMENTS
13. ADJOURNMENT
Office of the City Clerk - 375 Merrimack Street - Phone: 978.674.4161

Page 7 of 85

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 22, 2026
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. Chau, C. Descoteaux, M. Gitschier, C.
Juran, C. Liang, C. McDonough, C. Mercier, C. Nuon, C. Robinson, C.
Rourke, C. Scott).
M. Gitschier presiding.
C. Mercier requested moment of silence in darkened chamber for Stephen
A. Kandrotas.
2. MAYOR'S BUSINESS
2.1. Communication Remote/Zoom Participation.
In City Council, Motion “To accept and place on file” by C. Scott, seconded
by C. Nuon. So voted.
2.2. Recognition - Sergeant Major Dors G. "Gene" Musgray.
In City Council, Motion “To accept and place on file” by C. Rourke,
seconded by C. Robinson. So voted. Lowell High School ROTC presented
colors in the Chamber. M. Gitschier read citation and presented Key to the
City to Sargeant Major Musgray. Sargeant Major Musgray addressed and
thanked the Council. Motion by C. Robinson, seconded by C. Rourke to
address Item #6.19 with this item. So voted.
2.3. Presentation - Latinx Center of Lowell.

Page 8 of 85

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. Chau, seconded
by C. Juran. So voted. Registered speaker, Diego Leonardo – Chair of the
Latinx Community Center For Empowerment - (commented on the
organization and upcoming events), addressed the Council. M. Gitschier
presented the citation.
Motion by C. Descoteaux, seconded by C. Mercier to take Item #11.2 out of
order. So voted.
3. CITY CLERK
3.1. Minutes of City Council Regular Meeting September 8th;
Neighborhoods SC September 15th, for acceptance.
In City Council, Motion “To accept and place on file” by C. Descoteaux,
seconded by C. Juran. So voted.
4. GENERAL PUBLIC HEARINGS (Scheduled for 7PM)
4.1. Ordinance - Amend Zoning - Curb Cuts.
In City Council, Given second reading, hearing held. Motion to adopt by C.
Scott, seconded by C. Rourke. Adopted per Roll Call vote 11 yeas (C.
Chau, C. Descoteaux, C. Juran, M. Gitschier, C. Liang, C. McDonough, C.
Mercier, C. Nuon, C. Robinson, C. Rourke, C. Scott). So voted. Motion by
C. Robinson, seconded by C. Scott to take Item #7.4 here for discussion.
So voted. C. Juran questioned the benefit of wider curb cuts and noted the
Planning Board discussion indicating that there would be an effect on street
parking. Manager Golden, Jr. noted the issue and indicated the ordinance
came about through Council request. C. Scott noted the cuts differed from
district to district and that was unfair. C. Robinson noted goal to put their
cars on their property as it will assist with work that would be done on the
road. C. McDonough commented on the issue with curb cuts and parking.

5. UTILITY PUBLIC HEARING (Scheduled for 7PM)

Page 9 of 85

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

5.1. National Grid - Request installation of two 4-inch conduits on
South Highland Street near Gorham Street.
In City Council, Given second reading, hearing held. Motion to refer to
Wire Inspector for report and recommendation by C. Liang, seconded by C.
Descoteaux. So voted. Alex Birdsong (National Grid) represented the
petitioner.
5.2. Boston Gas - Replace existing gas mains on Aiken Street and
Avenue, Dalton Street and Court, Exeter Street, due to CSO sewer
work.
In City Council, Given second reading, hearing held. Motion to refer to
Wire Inspector for report and recommendation by C. Robinson, seconded
by C. Mercier. So voted. Robert Carlson (Boston Gas) represented the
petitioner. C. Robinson noted the cooperation of the utility companies
regarding work need to be done around the sewer separation projects.
5.3. Boston Gas - Replace replacement of existing 55 feet of gas main
with new gas main at 47 Fulton Street.
In City Council, Given second reading, hearing held. Motion to refer to
Wire Inspector for report and recommendation by C. McDonough,
seconded by C. Liang. So voted. Robert Carlson (Boston Gas)
represented the petitioner.
6. CITY COUNCIL - MOTIONS
6.1. C. Mercier - Req. City Mgr. find ways and means to purchase and
place outdoor exercise equipment strategically placed out along
walking path at Fr. Maquire Park.
In City Council, seconded by C. Rourke, referred to City Manager. So
voted. C. Mercier noted it was a resident request to spread the equipment
throughout the park.

Page 10 of 85

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 to take Item #9.1 out of order by C. McDonough, seconded by C.
Liang. So voted.
6.2. C. Scott - Req. City Mgr. contact the state’s Executive Office of
Health and Human Services and Lowell’s state delegation to advocate
for 24-hour shelter services as a condition of state funding, and for
access to using state hospitals or properties for shelter programming
and expedite these efforts to support Lowell’s Winter Protocol
Program for this year.
In City Council, seconded by C. Chau, referred to City Manager. So voted.
C. Scott noted the need to research different options and that pressure
should be put on State as the City is very productive during this time. C.
Rourke noted the closeness of Tewksbury State Hospital.
6.3. C. Scott / C. McDonough - Req. City Mgr. explore ways to
permanently commemorate, in the Back Central neighborhood, the
contributions of Lowell’s Portuguese community who helped build
and grow the area.
In City Council, no second needed, referred to City Manager. So voted. C.
Scott noted the contributions of St. Anthony’s Church in that area. C. Scott
noted the number of resources available and that the community celebrates
their history. C. McDonough noted it was a vibrant community energized by
the neighborhood. C. Mercier commented on the effort of the Portuguese
people to develop that area.
6.4. C. Scott / C. Nuon - Req. City Mgr. suspend the use of the Flock
Safety system while the city completes a thorough policy review of its
usage, the company's use of data, and the audit process of the data.
In City Council, no second needed, referred to City Manager. Adopted per
Roll Call vote 6 yeas (M. Gitschier, C. Juran, C. Liang, C. McDonough, C.
Nuon, C. Scott), 5 nays (C. Chau, C. Descoteaux, C. Mercier, C. Robinson,
C. Rourke). So voted. Registered speakers, Ron Peacetree (commented –
noted his expertise and favored the technology but it needs oversight) and

Page 11 of 85

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

Tina Degree (commented – violated peoples’ rights and that there are many
violations), addressed the Council. Motion by C. Mercier, seconded by C.
Nuon to suspend rule and allow Ken Seagal and Emily Gertanmak to
address the body. So voted. Mr. Seagal noted the importance of the
equipment to combat crime and that any violations are over exaggerated.
Ms. Gertanmak noted issue is with the sharing of data. C. Scott noted the
support of the use of cameras; however, the issue would be the sharing of
data with other agencies and that suspending use while policies are
updated would be proper. C. Nuon noted benefit of the system when used
correctly. C. Juran questioned the process to suspend use of the camera.
Manager Golden, Jr. Indicated that policies and answer to questions are
being worked on currently and that suspending use of the system would not
be beneficial. C. Juran noted prior direction to bring matter into an
executive session. C. Robinson was not supportive of the use of the
camera even though it was a valuable tool that is only has good as the
policies developed. C. Robinson noted issues could be worked out while
system is still in use. C. Rourke noted that the LPD Superintendent
indicated that the use of the camera was effective and necessary. C. Chau
noted it was a balance between safety and privacy and that more
information is needed. Chair was relinquished to Vice Chair Nuon at 9:06
PM. M. Gitschier noted an executive session was needed and that it
should not be shut down with no alternative. Manager Golden, Jr. noted his
conversations with the Superintendent and that matters are being
addressed while system is still in operation. Chair returned at 9:11 PM. C.
Scott questioned how an audit of the data is done. Manager Golden, Jr.
outlined the process and how department handles request for data. C.
Nuon noted a balance was needed and that an executive session would
provide necessary information. C. Scott supported discussion in executive
session. C. McDonough did not support the use of the camera as there are
other tools with less risk. C. Rourke noted suspension of the system would
lead to bad consequences.
6.5. C. Liang - Req. City Mgr. have the relevant departments ensure
maintenance and upkeep of Olga Nieves Park.

Page 12 of 85

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. McDonough, referred to City Manager. So
voted. C. Liang noted the issue was resolved and withdrew motion with no
objections.
6.6. C. Liang - Req. City Mgr. have the relevant departments reassess
safety at Dublin and Adams Streets intersection, possibly converting
it into a 4-way stop.
In City Council, seconded by C. Descoteaux, referred to City Manager. So
voted. C. Liang noted Adams Street was a cut through and that needs to
be addressed.
6.7. C. Nuon - Req. City Mgr. have proper department repair damaged
fence at the STEM Academy.
In City Council, seconded by C. Mercier, referred to City Manager. So
voted. C. Nuon noted the condition of the fence and commented on the
picture indicating that it has been in that condition for a while.
6.8. C. Nuon - Req. City Mgr. Have the Commissioner of Public Works
provide City Council with a report detailing the preparations occurring
within the department for the upcoming winter weather and
snowstorm season; said report should include a breakdown of the
department's available personnel, equipment and anticipated
improvements in snow and ice removal operations.
In City Council, seconded by C. McDonough, referred to City Manager. So
voted. C. Juran noted a prior motion has not been answered regarding
data concerning resources used for snow removal.
6.9. C. Juran - Req. City Manager, City Clerk and City Auditor prepare
by end of October a list of goals for 2027 to help the City Council
prepare for the evaluation process to be conducted later this year.

Page 13 of 85

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. Liang, referred to City Manager/City
Clerk/City Auditor. So voted. C. Juran noted obligation to review that
personnel and that reviews assist with job performance.
6.10. C. Juran - Req. City Mgr. have proper departments clarify for
residents and employees, prior to each election, that the regulation of
canvassers and solicitors applies only to people selling goods or
services and not to political canvassing.
In City Council, seconded by C. McDonough, referred to City Manager. So
voted. C. Juran noted all interested parties should be aware what the
ordinance is used for and not used for.
6.11. C. Descoteaux - Req. City Mgr. have Election Director provide a
report regarding DOJ’s presence and activities in Lowell during the
recent election on 9/1/26.
In City Council, seconded by C. Juran, referred to City Manager. So voted.
C. Descoteaux questioned the amount of involvement of the DOJ. William
Rosenberry (Dir. Of Elections) provided report regarding the oversight by
the DOJ indicating it was routine monitoring and discussions following
noted that there were no issues of concern.
6.12. C. Descoteaux - Req. City Mgr. have the Law Department draft
amendment to City’s zoning ordinance to increase setback
requirement rules in light of ADU law.
In City Council, seconded by C. Juran, referred to City Manager. So voted.
C. Descoteaux commented on current law and provided picture of a
structure in the Highlands. C. Descoteaux noted that these structures take
away from the character of the neighborhood. C. McDonough noted his
opposition to the motion and wished to be recorded as a nay.
6.13. C. Robinson - Req. City Mgr. have the proper department explore
a means to install a bench at the reservoir on the shady area of the
walking path on the Reservoir Street side.

Page 14 of 85

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. Rourke, referred to City Manager. So
voted.
6.14. C. Robinson - Req. City Mgr. have the proper department provide
an updated fire hydrant operational inventory report to the Council.
In City Council, seconded by C. Nuon, referred to City Manager. So voted.
6.15. C. Robinson - Req. City Mgr. have the proper department
examine and provide a corrective action plan for the walkway in front
of 715 Lakeview Avenue to Ennell Street.
In City Council, seconded by C. Scott, referred to City Manager. So voted.
6.16. C. Robinson / M. Gitschier - Req. City Mgr. have the proper
department provide a list of suitable alternatives to Flock that don’t
share information to any kind of database.
In City Council, no second needed, referred to City Manager. So voted. C.
Robinson noted the need for suitable alternatives.
6.17. M. Gitschier - Req. City Mgr. provide the City Council with a list
of all expired board members.
In City Council, seconded by C. Nuon, referred to City Manager. So voted.
6.18. M. Gitschier - Req. City Mgr. have the City Engineer provide the
City Council with an updated accident reporting since the new signals
were installed on Westford Street at Stedman Street.
In City Council, seconded by C. Descoteaux, referred to City Manager. So
voted.

Page 15 of 85

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

6.19. Lowell City Council (M. Gitschier, C. Chau, C. Descoteaux, C.
Juran, C. Liang, C. McDonough, C. Mercier, C. Nuon, C. Robinson, C.
Rourke, C. Scott) - Through both the Mayor's Office and City Manager
make a request to our federal delegation to award Sergeant Major
Dors "Gene" Musgray the United States Congressional Medal of
Honor.
In City Council, no second needed, referred to City Manager. Adopted per
Roll Call vote 11 yeas (C. Chau, C. Descoteaux, C. Juran, M. Gitschier, C.
Liang, C. McDonough, C. Mercier, C. Nuon, C. Robinson, C. Rourke, C.
Scott). So voted. See discussion under Item #2.2. C. Rourke noted total
support of the Council with this motion and that Sargeant Major Musgray
should be recognized for his service and is past due for the Congressional
Medal of Honor. C. Robinson noted a wrong should be righted and that the
community should bring full support for Congress to present this honor. C.
Descoteaux noted the matter should be dealt with swiftly as it is pas due.
M. Gitschier commented on the support of the state and federal delegation.
7. COMMUNICATIONS FROM CITY MANAGER
7.1. Motion Responses.
A) Motion Response - Letter MBTA Additional Safety Measures - In
City Council, Motion “To accept and place on file” by C. Robinson,
seconded by C. Descoteaux. So voted. C. Robinson noted the letter sent
and that it was important to send it. C. Juran noted the injuries sustained
by the Lowell resident.
B) Motion Response - O'Donnell and Oliveria - In City Council, Motion
“To accept and place on file” by C. Rourke, seconded by C. Nuon. So
voted. C. Scott noted the project and the steps taken.
C) Motion Response - LFD OT Update - In City Council, Motion “To
accept and place on file” by C. Robinson, seconded by C. Mercier. So
voted. C. Mercier noted some reduction on the overtime. C. Juran
indicated that the report is concerning as it shows overtime trending
upwards to unsustainable levels and that it needs a solution. C. Nuon
noted concern as well especially during September and there must be a

Page 16 of 85

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 to rectify increases. C. Descoteaux noted early optimism with union
but that is gone as overtime increases especially as it relates to sick leave.
Chief Charron (LFD) commented on the number of disciplinary actions
currently in the ranks concerning sick leave. C. Descoteaux noted abuse
and that if there is abuse there should be firings. C. Rourke noted prior
comments of the union president and that those comments did not come
true. C. Rourke commented all the union was given and that there was
nothing in return as promised. C. McDonough noted the contract language
needs to change and that it needs a fix. M. Gitschier noted the upcoming
retirement of Chief Charron and thanked him for his service. Chief Charron
thanked body for the opportunity.
7.2. Informational Reports.
Informational Report - City Wide Request Activity YTD - In City Council,
Motion “To accept and place on file” by C. Rourke, seconded by C.
Descoteaux. So voted. Manager Golden, Jr. commented on the excellent
work of his staff in putting report together. C. Robinson questioned how
vendors of the City’s performance are measured. Manager Golden, Jr.
noted reaching many benchmarks that were put in place.
Informational Report - Data Center - In City Council, Motion “To accept
and place on file” by C. Rourke, seconded by C. Chau. So voted. Yovanni
Baez-Rose (DPD) noted an upcoming public meeting regarding data
centers and noted there is an online draft of zoning regulations for data
centers.
Motion to Waive Rule 5 and continue discussion beyond 10:00 PM by C.
Robinson, seconded by C. Rourke (10:00 PM). Adopted per Roll Call vote
9 yeas (C. Chau, C. Juran, C. Liang, C. McDonough, C. Mercier, C. Nuon,
C. Robinson, C. Rourke, C. Scott), 2 nays (C. Descoteaux, M. Gitschier).
So voted.
7.3. Communication - Resignations of Members from Various Boards
and Commissions.

Page 17 of 85

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. Liang, seconded
by C. Juran. So voted. Hunter Berube resigned from Youth Commission
and Sean Callahan resigned from Zoning Board of Appeals. Manager
Golden, Jr. indicated that Mr. Callahan had rescinded his resignation. C.
Descoteaux noted the term of Mr. Callahan could be extended. C. Juran
questioned the effectiveness of the resignation. City Solicitor Willliams
commented on rescinding resignations. C. McDonough noted the need to
open boards to new members. Chair relinquished to Vice Chair Nuon at
10:05 PM. M. Gitschier noted the Manager had accepted the resignation.
Chair returned at 10:10 PM.
7.4. Communication - Planning Board Decision regarding proposed
zoning code amendment for extending maximum curb cuts in zoning
districts.
In City Council, Motion “To accept and place on file” by C. Nuon, seconded
by C. Mercier. So voted.
7.5. Communication - City Manager request approval of (1) Out of
State Travel LPD.
In City Council, Motion “To Adopt” by C. McDonough, seconded by C.
Robinson. Adopted per Roll Call vote 11 yeas (C. Chau, C. Descoteaux, C.
Juran, M. Gitschier, C. Liang, C. McDonough, C. Mercier, C. Nuon, C.
Robinson, C. Rourke, C. Scott). So voted.
Motion to bundle and waive second reading of Items #8.1 - #8.3; and #8.6
by C. Robinson, seconded by C. Mercier. So voted.
8. VOTES FROM THE CITY MANAGER
8.1. Vote - Accept Gift of $1000 from Conant Family.
In City Council, Given 2nd reading. Motion “To Adopt” by C. Robinson,
seconded by C. Nuon. Adopted per Roll Call vote 11 yeas (C. Chau, C.
Descoteaux, M. Gitschier, C. Juran, C. Liang, C. McDonough, C. Mercier,
C. Nuon, C. Robinson, C. Rourke, C. Scott). So voted.

Page 18 of 85

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

8.2. Vote - Accept/Expend $142,409 BHOAP Grant.
In City Council, Given 2nd reading. Motion “To Adopt” by C. Robinson,
seconded by C. Nuon. Adopted per Roll Call vote 11 yeas (C. Chau, C.
Descoteaux, M. Gitschier, C. Juran, C. Liang, C. McDonough, C. Mercier,
C. Nuon, C. Robinson, C. Rourke, C. Scott). So voted. C. Juran noted
benefit to unhoused elderly which is an area of great concern.
8.3. Vote - Accept/Expend $51,225 FY26 Edward Byrne Memorial
Justice Assistance Grant.
In City Council, Given 2nd reading. Motion “To Adopt” by C. Robinson,
seconded by C. Nuon. Adopted per Roll Call vote 11 yeas (C. Chau, C.
Descoteaux, M. Gitschier, C. Juran, C. Liang, C. McDonough, C. Mercier,
C. Nuon, C. Robinson, C. Rourke, C. Scott). So voted.
8.4. Vote - Amend Council Meetings Oct., Nov., Dec. 2026.
In City Council, Given 2nd reading. Motion “To Adopt” by C. Rourke,
seconded by C. Scott. Defeated (did not meet 2/3rd) per Roll Call vote 6
yeas (C. Chau, C. Descoteaux, C. Mercier, C. Nuon, C. Rourke, C. Scott), 5
nays (M. Gitschier, C. Juran, C. Liang, C. McDonough, C. Robinson). So
voted. C. McDonough objected to second reading. C. Rourke requested
point of personal privilege questioning why that was done and noting that
the subcommittee has no right to decide ahead of the full Council. City
Solicitor Williams indicated the objection to second reading is within
Council Rules. C. McDonough outlined reasons for his objections and then
withdrew that objection. C. Juran commented on the rules and questioned
applicability of Rule 33. C. Scott noted it was only a request to the end of
the year. C. Robinson questioned status of the subcommittee. M. Gitschier
outlined status of the subcommittee discussions.
8.5. Vote - Authorize CM Ex. 8 Year Contract with Lowell Management
Group, Inc.

Page 19 of 85

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. Nuon,
seconded by C. Mercier. Adopted per Roll Call vote 11 yeas (C. Chau, C.
Descoteaux, M. Gitschier, C. Juran, C. Liang, C. McDonough, C. Mercier,
C. Nuon, C. Robinson, C. Rourke, C. Scott). So voted.
8.6. Vote - Authorize CM Ex. Contract with Passport Labs, Inc.
In City Council, Given 2nd reading. Motion “To Adopt” by C. Robinson,
seconded by C. Nuon. Adopted per Roll Call vote 11 yeas (C. Chau, C.
Descoteaux, M. Gitschier, C. Juran, C. Liang, C. McDonough, C. Mercier,
C. Nuon, C. Robinson, C. Rourke, C. Scott). So voted.
8.7. Vote - Authorize CM to File Special Legislation - Vincent
Fernandez.
In City Council, Given 2nd reading. Motion “To Adopt” by C. Rourke,
seconded by C. Nuon. Adopted per Roll Call vote 10 yeas (C. Chau, C.
Descoteaux, M. Gitschier, C. Liang, C. McDonough, C. Mercier, C. Nuon,
C. Robinson, C. Rourke, C. Scott), 1 nay (C. Juran). So voted. Registered
speaker, Vincent Fernandez (commented – on the incident, the false
statements made by the retirement board and his dealings with PERAC
regarding claim), addressed the Council. Registered speaker, Amy
Fernandez (commented – on the disability and the effect on the family
noting it was a partial pension), addressed the Council. Registered
speaker, William Desrosiers (commented – he was chair of Retirement
Board and that they opposed the petition noting the law and the costs to the
board, and he clarified earlier remarks made), addressed the Council. C.
McDonough questioned time element of the claim. C. Juran commented on
the special legislation noting it was a tough situation for the family, but she
has a fiduciary duty to protect the finances for all the City. C. Descoteaux
questioned if special legislation could delete retroactive part of the bill. C.
McDonough noted the petition has been in front of Council many times and
that perhaps best suited in a joint Finance / Public Safety SC. C. Rourke
commented on the injuries of someone who served this City and that the
right thing must be done regardless of costs. C. Scott noted City must do
what is right. C. Nuon commented on the violent act that changed his

Page 20 of 85

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

entire life and that of his family. C. Robinson questioned the extent of the
legislative action. City Solicitor Williams indicated they were case by case
specific. C. Liang noted it was not right to prevent it from moving forward.
Motion by C. Descoteaux, seconded by C. Juran to take Item #6.11 out of
order. So voted.
8.8. Vote - Transfer $43k – Salaries.
In City Council, Manager Golden, Jr. withdrew vote. C. Descoteaux
questioned reasoning of the vote. M. Gitschier explained the position.

9. ORDINANCES FROM THE CITY MANAGER
9.1. Ordinance - Amend Chapter 176 - Tenant Rights and Housing
Stability Notification.
In City Council, Given 1st Reading. Motion to refer to Housing SC by C.
Robinson, seconded by C. McDonough. So voted. Registered speakers,
Leakena Lunde (commented – noted support to enable fair housing rights
and stability); Mary Carmen Alzate (commented – through interpreter (Diego
Leonardo) noted tenants need to know their basic rights); and Tim Collins
(commented – it was about tenants’ rights which are important), addressed
the Council. Motion by C. Robinson, seconded by C. Nuon to allow Ms.
Rodrago to address the Council. So voted. Ms. Rodrago noted she was an
advocate for her family and that tenants are protected when they have
knowledge. C. McDonough noted the effort of the administration to provide
an important ordinance for housing rights. C. Juran questioned process for
the beginning this ordinance. C. McDonough noted he was following
Council Rules. City Solicitor Williams outlined various means for placing
items on agenda. C. Mercier noted the importance of the message. C.
Robinson commented on the penalties within the ordinance and that
enforcement will be important. City Solicitor Williams outlined the
progressive penalty schedule. C. Robinson requested a subcommittee
hearing. C. McDonough noted if there is a hearing it should be done in a

Page 21 of 85

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

quick fashion. C. Chau supports Housing SC has some questions remain.
C. Nuon noted this was an important start to protect tenants’ rights. C.
Liang noted the importance of the ordinance. C. Juran noted penalties
were progressive in the ordinance. C. Robinson noted possible changes to
penalty language.
Motion to take Item #8.5 out of order by C. Descoteaux, seconded by C.
Chau. So voted.
10. REPORTS (SUB/COMMITTEE, IF ANY)
10.1. Neighborhoods SC September 15, 2026.
In City Council, C. Scott requested matter be heard at next meeting. No
objections.
10.2. Wire Inspector Reports:
1) National Grid - Request the installation of a new utility pole at 26
Caddell Avenue; and
2) Boston Gas - Request to replace old cast iron gas main with new
plastic gas main on Middlesex Street from Maude Street to Saunders
Street.
In City Council, Motion to accept and adopt orders by C. Nuon, seconded
by C. Chau. So voted.
11. PETITIONS
11.1. Claim - (1) Property Damage.
In City Council, Motion to refer to Law Department for report and
recommendation by C. Mercier, seconded by C. McDonough. So voted.
11.2. Misc. - Edward "Bud" Caulfield request permission to address
the City Council regarding motorized scooters and bicycles.
In City Council, Motion to refer to City Manager / Law Department for report
and recommendation by C. Mercier, seconded by C. Nuon. So voted. Mr.

Page 22 of 85

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

Caulfield noted current ordinance and that changes may be needed to
tighten it based on a current situation he encountered which endangered
his safety. City Solicitor Williams outlined what the ordinance covered. C.
McDonough requested report regarding enforcement of the ordinance.
11.3. Misc. - Mary Avelino request removal of handicap parking sign at
19 Washington Street.
In City Council, Motion to refer to Transportation Engineer for report and
recommendation by C. Rourke, seconded by C. Juran. So voted.
11.4. Boston Gas - Request to relocate gas main on Stockbridge
Avenue.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
October 6, 2026 @ 7 PM by C. Liang, seconded by C. Descoteaux. So
voted.
11.5. Boston Gas - Request to replace gas mains along Lawrence and
Woburn Streets.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
October 6, 2026 @ 7 PM by C. Liang, seconded by C. Descoteaux. So
voted.
11.6. Boston Gas - Request to replace gas mains on Leroy, Canal and
Grove Streets.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
October 6, 2026 @ 7 PM by C. Liang, seconded by C. Descoteaux. So
voted.
11.7. Boston Gas - Request to replace gas mains on Llewellyen,
Beacon, Third and Bennett Streets.

Page 23 of 85

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
October 6, 2026 @ 7 PM by C. Liang, seconded by C. Descoteaux. So
voted.
12. ANNOUNCEMENTS
In City Council, C. Mercier wished C. Scott a happy birthday on behalf of
the Council and noted the Alternative House Vigil. C. Juran noted
upcoming dedication of the Peace Garden on Fort Hill, the tour of Duck
Island Water Treatment Plant, Nigerian Flag Raising and the UNESCO
Learning Center.
C. Rourke requested moment of personal privilege to announce his
resignation from the Lowell City Council, effective immediately. C. Rourke
thanked collogues and administration through his terms of service. C.
Rourke noted many accomplishments of the Council and lauded the
leadership of City Manager Golden. C. Rourke noted it was right time for
him to leave after many years of service to focus on other matters,
especially his family, April, Haley and Zach. C. Descoteaux noted the
difference C. Rourke made in the City. C. Scott wished him well and that
she enjoyed serving with him. C. Chau commented on his service to the
City and his leadership as Mayor. C. Juran thanked C. Rourke for his
service and noted the help he afforded her as a new member. C. Liang
noted it was a short time he has known him and that he had a good heart.
C. McDonough commented C. Rourke always did what was in the best
interest of the City. C. Mercier noted he was a great colleague and friend,
and she has much love for him. C. Nuon noted his work with others and
thanked him for his service. C. Robinson noted his relationship with C.
Rourke and commented on his leadership. M. Gitschier noted the many
years of service with him and how he was a big help to him. Manager
Golden, Jr. Commented on his help to the City and himself and stated that
Lowell thanked him and his family.
13. ADJOURNMENT

Page 24 of 85

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 Adjourn by C. Rourke, seconded by C. Scott. So
voted.
Meeting adjourned at 10:55 PM.
___________________________________
Michael Q. Geary, City Clerk

Page 25 of 85

The City of Lowell • Department of Planning and Development
JFK Civic Center • 50 Arcand Drive • Lowell, MA 01852
P: 978.674-4252 • F: 978.970.4262
www.LowellMA.gov
Yovani Baez-Rose
Assistant City Manager/DPD Director
Camilo Espitia
Deputy DPD Director

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Yovani Baez-Rose, Assistant City Manager/DPD Director

CC:

Camilo Espitia, Deputy Director DPD
Dylan Ricker, Senior Planner

DATE:

September 22, 2026

SUBJECT:

MOTION RESPONSE: # 12592 - 4/28/2026 – Councilor Robinson – Req. City Mgr.
have the proper department provide the City Council with a report on the pros and cons
of establishing a Chapter 40Y Starter Home Zoning District as well as any
recommendations on possible locations.

The Department of Planning and Development reviewed legislation and guidelines for Chapter 40Y
Starter Home Districts. 40Y Districts incentivize municipalities to create districts allowing smaller
starter homes to be built on smaller lots. These homes tend to be designed for someone buying their
first home, downsizing, or for smaller households, and are typically more affordable. Chapter 40Y
Districts have the following requirements:
•

•
•
•

•

•

Starter homes must be permitted by-right at a density of at least 4 units per acre (10,890 sq ft
per home). No other single-family residential uses shall be permitted as of right or by special
permit in the starter home zoning district, except the zoning ordinance may permit construction
of an ADU of not more than 600 sq ft on the same lot. Accessory commercial and other nonresidential uses may be allowed with the approval of EOHLC;
Each starter home district shall incorporate sustainable development standards that apply to all
starter home developments;
Not less than 50% of the starter homes to be developed in a proposed starter home district,
excluding ADUs, shall contain no fewer than 3 bedrooms;
The Zoning Ordinance for each proposed starter home district shall provide, that for any
proposed development of more than (12) starter homes, not less than 10% of the homes shall
be affordable to and occupied by individuals and families whose annual income is less than
110% AMI. The Zoning Ordinance shall specify the mechanism by which the City will use to
ensure a project complies with affordability requirements;
A proposed starter home zoning district shall not be subject to limitation of the issuance of
building permits for residential uses or a local moratorium on the issuance of such permits. A
proposed starter home district shall not subject to municipal environmental or health ordinances
that exceed state requirements and would render the development infeasible;
A starter home district shall not impose restrictions on age or any other occupancy restrictions;

Page 26 of 85

•
•

Housing in a starter home district shall comply with federal, state, and local fair housing laws;
and
The total land area for all starter home districts shall not exceed 15% of the total land area in
the City. Upon request EOHLC can approve a larger land area if such approval serves the goals
and objectives of the program.

Chapter 40Y Districts provide both pros and cons for municipalities and would present challenges for
the city to implement. See below the pros and cons of 40Y Districts:
Pros
•
•
•
•

Increase the number of naturally
affordable starter homes in the city;
Creates a clear permitting pathway to
allowing smaller homes on smaller lots;
Can apply to both attached and detached
single- and multi-family developments;
State provides Zoning Incentive
Payments of $10,000 - $600,000 and
Density Bonus Payments of $3,000 per
unit to be used toward local planning,
infrastructure, and implementation of
Starter Home Districts.

Cons
•

•
•

•

No single-family homes other than
‘starter homes’ can be allowed in 40Y
Districts, most residential districts
currently allow single-family homes byright;
A significant number of homes within
the 40Y District would likely become
non-conforming;
Single-family homes could only be
constructed in the 40Y District if the
size was limited to comply with the
starter home requirements;
The affordability requirement is only
for developments with greater than (12)
starter homes, there is not a significant
amount of undeveloped land that would
allow for (12) starter homes by-right
without further reduction in zoning
dimensional standards

To meet the requirements of Chapter 40Y, the city would need to determine an appropriate location for
the district. In this area, zoning may need to be updated to disallow any non-starter home single-family
homes along with corresponding changes including, maximum unit sizes, affordability requirements
for larger developments, minimum bedroom counts, sustainable development standards, etc.
If the Council wishes to pursue Chapter 40Y, DPD will need to work will need consulting assistance
to review appropriate locations for the district, necessary zoning changes, and develop necessary
materials to ensure compliance with EOHLC regulations. This work falls out of the scope of work for
the Citywide Zoning Rewrite.
DR

Page 27 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

September 22, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
REF: Motion # 15451 – 9/8/2026 – M. Gitschier – “Req. City Mgr. provide the City Council an
outline on the hiring process for the Fire Chief Position.
Dear Mayor Gitschier and Members of the Lowell City Council,
Following the retirement of Fire Chief Phillip Charron, effective September 27, 2026, City
Manager Thomas A. Golden, Jr. appointed Assistant Chief David Keene to serve as Interim
Chief of the Lowell Fire Department.
The Administration intends to conduct a thorough selection process that includes the following
steps:
1. Community Input: The Fire Chief is an important leader in the Lowell community, and
the City recognizes the importance of incorporating community perspectives into the
selection process. Over the next several weeks, the administration will conduct listening
sessions, similar to those used during the selection process for the Police Chief, and work
with relevant community organizations to solicit input. This feedback will be provided to
the hiring committee for consideration alongside the candidates’ applications and
interview performance.
2. Candidate Evaluation and Hiring Committee: A hiring committee will be established to
review and evaluate candidates for the position. The committee will consider candidates’
qualifications, experience, and interview performance, as well as the feedback gathered
through the community engagement process. The committee will recommend a finalist to
the City Manager.
3. Appointment by the City Manager: Following consideration of the hiring committee’s
recommendation, the City Manager will select and appoint the next permanent Fire Chief.
Interim Chief Keene will provide leadership and ensure continuity in the department’s operations
and delivery of public safety services while the selection process is completed.
The City Manager’s Office will keep the City Council apprised of the process as it moves
forward.

Page 28 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

The position of Fire Chief in the City of Lowell is exempt from the provisions of the
Massachusetts Civil Service Law pursuant to Chapter 50 of the Acts of 2015, which specifically
exempts the position from M.G.L. c. 31. Accordingly, the selection of the next permanent Fire
Chief will be conducted outside of the civil service examination and appointment process.
Please do not hesitate to let me know if there are any questions.
Sincerely,
Thomas A. Golden, Jr.
City Manager
Cc:

Conor Baldwin, Assistant City Manager/ CFO
David Keene, Interim Fire Chief
Neil Osborn, HR Director

Page 29 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Conor Baldwin, Assistant City Manager/ CFO

CC:

Neil Osborne, HR Director

DATE:

September 26, 2026

SUBJECT: Motion Response – Ref. # 14871– 8/11/2026 - C. Nuon - C. Nuon - Req. City
Mgr. provide the City Council with a report on the City of Lowell's current hiring practices as
they relate to criminal background checks (CORI/SORI and any applicable fingerprint-based
checks) for positions involving contact with children or vulnerable populations, including but not
limited to: MassHire, Parks & Rec, etc., including any gaps between current practice and best
practices among comparable Massachusetts municipalities.
Councilor Nuon has requested that the City Manager provide the City Council with a report on
the City of Lowell’s current hiring practices relating to criminal background checks, including
CORI, SORI, and applicable fingerprint-based checks, for positions involving contact with
children or vulnerable populations, including MassHire, Parks & Recreation, and comparable
programs.
The Administration shares the importance of ensuring that individuals working with children and
vulnerable populations are appropriately screened and that the City's practices are consistent with
applicable Massachusetts law and sound municipal practice.
In response to the motion, the City Manager established an internal task force to review the
City's current background-screening practices. The task force has begun its review of Citywide
policies, department-specific practices, applicable state requirements, and practices utilized by
other Massachusetts municipalities.
The initial review has confirmed that Lowell's background-screening requirements are governed
by a combination of City policies and state statutes and regulations. The requirements are not
uniform for every position that may involve contact with children or vulnerable populations.
Rather, the applicable screening requirements depend upon the nature of the position, the
population served, the responsibilities of the individual, and the statutory or regulatory
framework applicable to the particular program.
Background
Massachusetts has established several distinct criminal background screening requirements.
CORI, SORI, and fingerprint-based criminal history checks are separate screening mechanisms,

Page 30 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

and the applicability of each depends upon the nature of the position, the population served, and
the statutory or regulatory authority governing the particular program.
The Commonwealth's CORI requirements are generally governed by M.G.L. c. 6, §§ 167-178
and implementing regulations. Additional statutory requirements apply to certain organizations
and programs serving children. For example, M.G.L. c. 6, § 172H addresses criminal record
checks for entities primarily engaged in activities or programs for children, while M.G.L. c. 6, §
172G and 105 CMR 430.000 establish requirements applicable to certain recreational camps.
Fingerprint-based state and national criminal history checks are also required for certain
categories of personnel under Massachusetts law. One example is M.G.L. c. 71, § 38R, which
establishes fingerprint-based screening requirements for specified school personnel.
Accordingly, there is not a single statutory background-check requirement applicable to every
City position that may involve contact with children or vulnerable populations. The task force is
evaluating the requirements applicable to each program and position to determine whether
current City practices satisfy those requirements and whether additional consistency or
safeguards are warranted.
Review Undertaken to Date
The task force has begun reviewing the City's existing Human Resources policies and
procedures, as well as department-specific practices in areas where employees, seasonal
personnel, volunteers, contractors, or other individuals may have regular contact with children or
vulnerable populations.
The review has included, among other areas:
• Citywide Human Resources policies governing criminal background checks;
• CORI screening practices;
• SORI screening practices;
• fingerprint-based state and national criminal history checks;
• screening requirements for seasonal employees;
• screening of volunteers, interns, contractors, instructors, and other non-City personnel;
• the timing of background checks in relation to an individual's commencement of service;
• documentation and recordkeeping practices; and
• applicable Massachusetts statutes and regulations.
The task force has also begun reviewing practices in comparable Massachusetts municipalities in
order to identify differences in approach and potential opportunities to improve consistency,
documentation, oversight, and risk management.
Department and Program Review
MassHire Lowell Career Center
The MassHire Lowell Career Center maintains a Children's Policy addressing the presence of
children at the Career Center. The policy establishes restrictions concerning children

Page 31 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

accompanying individuals to the Career Center and addresses the operation of the facility and the
safety of individuals using its services.
The task force has incorporated the MassHire program into its review to distinguish the facility's
operating policies from the personnel-screening requirements applicable to employees,
contractors, volunteers, and other individuals who may participate in programs involving youth.
Parks & Recreation
Parks & Recreation has received particular attention because of the Department's extensive youth
programming and its use of seasonal employees, volunteers, instructors, contractors, and outside
organizations.
The task force is reviewing the applicable screening requirements for the Department's various
programs, including the requirements that may apply depending upon the structure and nature of
a particular program. The review is also examining how background checks are handled for
individuals who may have regular or unsupervised contact with children.
Pollard Memorial Library
The Pollard Memorial Library maintains its own published collection of policies governing the
operation of the Library and use of its facilities and services.
The task force has reviewed the Library's published policies and is separately evaluating the
personnel and program practices applicable to employees, volunteers, program personnel, and
contractors who may interact with children or other vulnerable populations.
Other City Programs
The review has also been expanded beyond these examples to other City departments and
programs where employees or other personnel may have regular contact with children or
vulnerable populations.
This includes consideration of the nature and frequency of the contact, whether the individual is
a City employee or a third party, and whether a particular statute, regulation, licensing
requirement, grant requirement, or other legal authority establishes additional screening
obligations.
Preliminary Findings and Next Steps
The work completed to date has established the framework for a comprehensive assessment of
the City's background-screening practices. The task force is now completing its department-level
review and comparison of practices among comparable Massachusetts municipalities.
The final report to the City Council will distinguish among:
1. background checks that are required by Massachusetts law or regulation;
2. background checks that the City currently conducts as a matter of policy or practice;
3. areas where departments currently utilize different screening practices;
4. any identified gaps between applicable legal requirements and current City practice; and
5. opportunities to strengthen or standardize City policies and procedures where
appropriate.

Page 32 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

The City Manager will receive the task force's findings and recommendations upon completion
of this phase of the review. Those findings will then be brought forward to the City Council in a
consolidated report, including any recommended changes to City policy, hiring procedures,
training, documentation, oversight, or screening practices.
The Administration's objective is not simply to determine whether the City is meeting the
minimum requirements of applicable law, but to ensure that Lowell's screening practices are
appropriately tailored to the populations served, consistently administered, and supported by
clear accountability and documentation. The task force will provide the Council with a more
comprehensive assessment of current practice and a sound basis for any additional policy
recommendations.

Page 33 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Conor Baldwin, Assistant City Manager/ CFO

CC:

Mirán Fernandez, Chief Information Officer

DATE:

October 1, 2026

SUBJECT: Motion Response – Ref. # 12908– 5/12/2026 - C. Juran - Req. City Mgr. have
MIS Department provide information on the major enhancements completed over the last 2 years
and planned for the next 2 years to public-facing IT systems, including Lowell GIS, 311 and other
systems, and how such enhancements and plans are communicated to the public (including when
functionality is reduced).
Councilor Juran requested that the Administration provide information on major enhancements
completed over the past two years and planned for the next two years involving public-facing
information technology systems, including Lowell GIS, 311, and other City systems, as well as
information regarding how significant technology changes, including reductions in functionality
or system outages, are communicated to the public.
The Administration recognizes that public-facing technology is an increasingly important
component of how residents interact with City government. Residents use City technology systems
not only to obtain information, but also to report service issues, submit applications, make
payments, access records, conduct municipal business, and monitor the status of requests.
The City has made a number of significant technology investments and improvements during the
past two years to existing applications, and underlying systems that support departmental service
delivery. These include major enterprise systems such as Lowell 311, modernization of the City's
GIS platform, expansion of online municipal transactions, online census services, online
permitting, and improvements to public-facing information and application processes. At the same
time, MIS continues to make numerous internal improvements to departmental applications,
workflows, integrations, cybersecurity, network infrastructure, and reporting capabilities that
support the City's public services.
The following summarizes several of the major technology initiatives identified to date. MIS is
continuing to develop a more comprehensive inventory of technology projects and a forwardlooking two-year plan.

Page 34 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

Lowell 311 / Enterprise Service Request (ESR) System
The City's 311/ESR system represents one of the most significant public-facing technology
implementations completed during the past two years. Lowell 311 launched on March 11, 2025,
replacing the prior CivicPlus request tracker with Tyler Enterprise Service Request (ESR),
following an implementation process supported by the City Council and funded through the
American Rescue Plan Act.
The 311/ESR system was designed as an integrated, non-emergency constituent service platform
rather than simply a mechanism for submitting complaints online. Residents can submit and
monitor service requests through multiple channels, including online portal, mobile application,
telephone, email, and in-person requests. A request can be entered once and then be routed to the
appropriate department for investigation and resolution. Urgent and after-hours matters have
separate public-safety contact instructions to ensure that they are addressed accordingly.
At the time of implementation, the City established more than 60 service-request types, compared
with 41 request types in the City's prior system. The implementation also expanded internal use of
the system to additional departments and established a foundation for connecting service requests
to the City’s other municipal systems including the Enterprise Asset Management (EAM) system
for work order and asset management.
A significant objective of the implementation was to establish a data-driven approach to municipal
service delivery, allowing for increased service reporting and transparency. The system provides
management with reporting and key performance indicators concerning request volume, days to
close, request type, geographic distribution, and other measures. As this data is collected, it
provides the City with the ability to evaluate service demand, identify recurring issues, establish
workload and service-level baselines, and use information to inform operational and policy
discussions.
The system is now producing a substantial body of operational data to assess. From January 1
through September 16, 2026, the City recorded 6,158 service requests. Of those requests, 5,650,
or approximately 92%, were closed, with 508, or approximately 8%, remaining open at the time
of the report. Highlights include:
•

•

An average resolution time of 14 calendar days.
o However, this figure includes internal submissions that may close automatically
and therefore should not be interpreted as the average departmental resolution time
for every resident-initiated request.
A detailed picture of the types of issues being reported to the City.
o Missed trash pickup was the single largest request type during the reporting period,
with 907 submissions.
o Approximately 81% of all requests were associated with the Solid Waste &
Recycling and Streets departments.

Page 35 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

•

•

o The system recorded 85 different request types during the reporting period,
covering a broad range of municipal services, including solid waste, streets, parks,
health, building and zoning, parking, traffic, trees, water, and sewer matters.
Information about when and how residents interact with City Government.
o Tuesday was the busiest day for submissions, while Sunday was the least active.
o 2:00 p.m. was the busiest hour.
o Approximately four out of every ten requests were submitted by telephone,
demonstrating that the City's 311 service remains a multi-channel service rather
than an exclusively online system.
Geographic reporting provides additional information for operational management.
o District 2 had the highest number of recorded requests during the reporting period,
with 997, while District 6 had the lowest, with 529.
o Approximately 45% of citywide requests originated from Districts 2, 3, and 5.

The 311 system therefore serves both a resident-facing and an internal management function. In
addition to providing residents with a convenient way to report and track service requests, the
system provides department heads and the Administration with information that can be used to
identify recurring service issues, monitor workloads, evaluate response patterns, and identify
opportunities for process improvement.
The Administration views the continued development of 311 as an ongoing implementation rather
than a project that ended with the March 2025 launch. The city now publishes 311 reports with
citywide and election-district views. The 2026 reporting page includes separate reports for public
submissions and internally generated work, as well as departmental activity and responsiveness.
This public reporting deserves recognition as a distinct enhancement as residents and the City
Council can inspect service activity beyond the status of an individual request.
As additional data is accumulated, MIS and the Administration can continue to refine request
types, workflows, reporting, dashboards, integrations, and public-facing information. The system
also provides the foundation for more consistent performance reporting and continued
development of the City's performance-management practices.
Lowell GIS Modernization
MIS has completed a significant modernization of the City's GIS platform, including the public
parcel viewer and underlying mapping environment. In March 2026, MIS began the transition
from the City's previous AppGeo GIS website to a new GIS platform powered by AxisGIS. The
initial rollout was made available to City employees so that staff could become familiar with the
new system before the legacy platform was retired.
The new platform which launched in August 2026 provides a more streamlined and responsive
interface and improves the City's ability to search for properties and locations. Other enhancements
include improved performance, cross-browser compatibility, mobile-friendly functionality,
expanded map layers and tools, measurement capabilities, map markups, map printing, document

Page 36 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

linking, and the ability to edit GIS data. The new platform also incorporates internal GIS layers
that previously had been maintained on separate internal GIS websites into a staff-access only
environment and allows for integration with other municipal systems.
The GIS transition is an example of a major system replacement in which MIS provided staff with
advance information and instructions and allowed the legacy and replacement systems to operate
concurrently for a limited transition period. The Administration intends to continue evaluating the
public-facing GIS experience and the information and functionality made available through the
platform.
Online Municipal Transactions and Payments
The City provides electronic access to municipal account information and payment services, and
has also expanded residents' ability to conduct municipal business electronically through the City's
website. Residents can access online services to view and pay a broad range of municipal bills and
charges, including:
• Real estate property taxes;
• Personal property taxes;
• Motor vehicle excise taxes;
• Water and sewer bills;
• Solid waste and trash-related charges;
• Vital records and related fees;
• Burial and cemetery-related services;
• Hauled waste;
• Animal control services, including dog licenses; and
• Other municipal bills and charges made available through the City's online payment
platform.
These services allow residents to complete routine municipal transactions outside of normal City
Hall business hours and reduce the need for paper-based or in-person transactions.
This represents an important component of the City's broader digital service strategy. Public-facing
technology is not limited to providing information; where appropriate, the City is providing
residents with the ability to complete actual municipal transactions electronically.
Online Census and Elections Services
The Elections and Census Department has implemented an online response system for the City's
Annual Census, or Annual Street Listing.
The online system allows residents to respond electronically rather than returning the census form
exclusively by mail or in person. Residents can use the system to review and confirm their
information and complete the census process electronically. This is particularly significant
because the Annual Census is an important component of maintaining accurate resident and voter

Page 37 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

records. The information is also used in connection with other municipal functions, including
planning and emergency services. Making this available online provides an additional method of
addressing certain voter-status matters, as residents who are placed on the inactive voter list
because they did not respond to the Annual Census can use the City's online system to confirm
their continued residence and address the census requirement electronically.
This project represents the modernization of a traditional paper-based long standing municipal
process. Along with providing residents with a more convenient method of completing a required
process, it helps to further reduce our carbon footprint and reduce mail related expenses.
Online Permitting
Following the 2023 cyber-related event, the City disabled online permitting. During 2026, the
City re-enabled the online permit entry/submission process (without online payment) through
Development Services, allowing applicants to complete portions of the permitting process
electronically rather than submitting applications entirely in person.
Online permitting is currently limited to certain permit types; new construction and
remodel/alteration permits continue to require in-person submission through Development
Services. Otherwise, online applications are currently available for several permit categories,
including plumbing, gas, electrical, sheet metal, roofing, siding, windows, insulation, and solar
permits. Applicants can establish an online account, link their Contractor/Customer ID, submit
required forms and supporting documentation electronically, and manage permit-related
information through the City's online permitting system. The system also provides applicants with
online guidance concerning application requirements, required documentation, terms and
conditions, and the process for searching existing records. Development Services provides
additional assistance to applicants who need help establishing or linking their account.
The Administration views online permitting as an incremental expansion of digital channels for
service delivery, with additional opportunities to evaluate which permitting and developmentservices processes can appropriately be moved online.
Special Events Permitting and Digital Resources
The City has improved the public-facing process for special-event permitting including
instructions and application materials.
Beginning January 1, 2026, the Office of Cultural Affairs and Special Events implemented updated
special-event permitting requirements and developed a centralized online resource for event
organizers. The City's Special Events webpage provides a comprehensive planning guide, specialevent agreement, one-day and multi-day permit applications, street-closing applications, related
documents, and an instructional video. The materials also include resources in multiple languages.

Page 38 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

The applications are available electronically as fillable documents that can be completed by
applicants and submitted with the required supporting materials. The online resource also provides
information concerning applicable fees, required documentation, advance-notice requirements,
insurance requirements, maps, and other approvals that may be necessary depending on the type
and scale of the event.
This initiative is somewhat different from the City's fully integrated online systems, such as 311
or the online census. It is not a fully electronic, end-to-end permitting platform. Rather, it
represents a more recent improvement in the digital delivery of municipal services by
consolidating requirements, instructions, forms, and educational resources into a single accessible
online location.
The Administration considers improvements of this type part of the City's broader effort to make
municipal processes easier to understand and navigate.
Public Financial Information
The City has improved the deliver of public financial information using ClearGov’s digital budget
book, integrated with other municipal systems. This public-facing initiative incorporates
additional transparency beyond what has historically been available, making budget information
more easily available and accessible to the public, and helps departments tell their budget story in
a much more productive, efficient, and effective manner than ever before.
Other Departmental and Enterprise Technology Improvements
In addition to the major public-facing systems described above, MIS has completed and supported
numerous improvements to departmental applications, business processes, and enterprise systems
during the past two years. This distinction is important because a significant portion of MIS's
work involves improving the technology supporting municipal operations even when the resulting
improvement is less visible to residents than a new public website or online application but directly
affect the City's ability to deliver services efficiently.
Examples include:
• Transition to cloud and Software as a Service (SaaS). The ongoing transition of various
critical systems has enabled 24x7 access to systems, services, and files “from anywhere”
while simultaneously enhancing operational fault tolerance and recovery; this includes
major and minor applications and systems.
• Access to information. Improvements to public information and document access are
routinely reviewed and assessed for improvement.
• Department reporting, assessments and digital workflows. Online job applications,
document management, online forms, remote field access and digital citation tools, and
expansion of electronic submission processes have improved various departmental
applications and workflows used to process information, transactions, and resident
requests. System integrations and data exchanges designed to reduce duplicative data entry

Page 39 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

•

•

•

•

•

•

and improve consistency of information occur regularly. Other departmental technology
assessments to improve internal operations and indirectly improve the delivery of public
services are continuously ongoing. Reporting and data-management improvements that
provide departments and management with better operational information are routinely
being developed and assessed.
Infrastructure improvements. Installation of new fiber optic cabling, rewiring of cabling
in existing facilities, and wireless-network overhauls are continuously ongoing as aging
technology reaches end of life and new technology requirements are identified in order to
ensure reliability and system availability.
System administration and cybersecurity. Access controls, data/system backups, ongoing
system and security assessments, server upgrades, application upgrades, and continuity
reviews are continues and ongoing to support operational stability and reliable City
systems.
Public safety systems. Improvements and upgrades to 911/CAD systems, mobile
operations, radio and telemetry systems are continuous and ongoing to support the delivery
of resident services.
Enterprise Asset Management (EAM). The implementation of EAM allows the city to
better manage its infrastructure, assets, and associated work orders. Initially integrated into
the 311/ESR system to assist with 311 related work order requests.
Resilience and governance. Consolidated MIS governance and security and recovery work
support continuity and ensure that the taxpayer’s technology investments are properly
cared for long term.
Regulatory compliance. State and Federal government mandated regulations and
requirements in areas ranging from Public Safety systems, to Health-related systems, to
cable franchise licensing, to online accessibility, to regulatory reporting, are all areas of
ongoing review, assessment, and active improvement.

Public Communication of Technology Changes, Reduced Functionality, and Outages
The Administration recognizes that communication is an important component of implementing
or maintaining public-facing technology systems. Residents need to know when a system is
changing, when functionality may be temporarily unavailable, or when an alternative method of
accessing a City service is available.
The City's website is the primary public source for information concerning City services and
significant changes affecting residents. When a technology outage, service interruption, significant
change in functionality, or other circumstance warrants broader public notification, the City's
Communications team works with MIS and the affected department to issue appropriate public
information. Depending on the circumstances, this may include a news flash or notice on the City's
website, a press release, and other appropriate communication channels.
For significant planned changes, the Administration will seek to provide advance notice when
practicable, including information regarding the nature of the change, anticipated timing, services

Page 40 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

or functionality that may be affected, and alternative methods of accessing City services when
available.
The City website should therefore remain the primary resource for residents seeking current
information about City systems and services. Residents may also use the City's notification and
other communication channels for significant service announcements when those channels are
appropriate to the particular circumstance.
MIS and the Communications team will continue to coordinate with departments regarding
significant public-facing technology changes and service interruptions so that public
communications are timely, understandable, and provide residents with practical information
about how to obtain the affected service.
Two-Year Technology Outlook
MIS is continuing to develop a forward-looking inventory of major public-facing technology
initiatives anticipated during the next two years.
The two-year review will identify planned system replacements, significant upgrades, new
integrations, expansions of online services, improvements to public-facing applications, and
cybersecurity or infrastructure projects that may affect public services.
The Administration will also consider opportunities to provide a more consistent resident
experience across City technology platforms. Where practical, future projects should seek to make
municipal services easier to locate, easier to use, and less dependent upon separate systems or
duplicative processes.
Potential areas for continued public facing technology development include:
• Continued enhancement of Lowell 311 reporting, workflow, dashboards, and integrations.
• Continued development of the City's GIS platform and public-facing mapping resources.
• Further enable and consolidate online payment entry services.
• Further expansion of online municipal transactions and applications.
• Expansion of online permitting and development-services functionality where appropriate.
• Additional electronic forms and departmental processes.
• Further enhance budgetary data and information.
• Improved integration among City systems.
• Enhanced reporting and performance-management capabilities.
• Continued cybersecurity and infrastructure improvements.
• Improvements to public communication concerning technology changes, planned
maintenance, and service interruptions.
The Administration will evaluate these projects based on operational needs, available resources,
technology requirements, cybersecurity considerations, and the potential benefit to residents and
City departments.

Page 41 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

Conclusion
The City's technology program has evolved considerably during the past two years. The
implementation of Lowell 311, the modernization of the City's GIS platform, expansion of online
municipal payments and transactions, implementation of an online census, online permitting, and
improved digital resources for special-event permitting represent several distinct examples of that
progress.
The City's technology modernization also extends beyond public-facing applications. MIS
continues to improve departmental systems, integration, reporting, infrastructure, cybersecurity,
and internal workflows that support the delivery of municipal services.
The Administration appreciates Councilor Juran's request as it provides an opportunity to
document this work more systematically and to establish a clearer two-year technology outlook.
MIS will continue compiling the inventory of recent projects and planned initiatives and will work
with the Administration and departments to identify opportunities for further digital-service
improvements.
As this work continues, the Administration will remain focused on two related objectives:
improving the City's ability to use technology to deliver municipal services efficiently and ensuring
that residents have clear, convenient, and reliable ways to access those services.

Page 42 of 85

Office of the City Manager
City Hall*375 Merrimack St *Lowell, MA 01852
P:978-674-4402 * F:978-970-4007
www.LowellMA.gov
Shawn Machado
Assistant City Manager

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Shawn Machado, Assistant City Manager

CC:

Doreen Burgess & Conor Baldwin

DATE:

9/10/2026

SUBJECT: MOTION RESPONSE # 15448 - 9/8/2026 M. Gitschier - Request City Manager.
write a letter of support for Senate Bill Number S.3064 including strong support of Section 74
and 75 and Support of House Bill H.5518 Section 2 to the conference committee.
City of Lowell
9/10/2026
To the Honorable Members of the Massachusetts Senate
To the Honorable Members of the Massachusetts House of Representatives
Dear Members of the General Court,
On behalf of the City of Lowell, I write to express strong support for Senate Bill S.3064 and
House Bill H.5518, and to respectfully urge the conference committee to retain and prioritize
several critical components within the reconciled bill, including Sections 2, 74, and 75.
These bills reflect an unprecedented and urgently needed statewide investment in climate
resilience, environmental preservation, clean water infrastructure, recreational improvements,
and ecological restoration. Together, S.3064 and H.5518 provide up to $4.47 billion in
appropriations through FY 2032, enabling state agencies—including the Department of
Conservation and Recreation (DCR), the Department of Environmental Protection (MassDEP),
and the Department of Fish and Game (DFG)—to carry out comprehensive, multi-year efforts to
protect communities from climate impacts and enhance the Commonwealth’s natural and
recreational assets.
The combined Senate and House proposals fund projects central to the needs of cities like
Lowell, including:

Page 43 of 85

Office of the City Manager
City Hall*375 Merrimack St *Lowell, MA 01852
P:978-674-4402 * F:978-970-4007
www.LowellMA.gov
Shawn Machado
Assistant City Manager

• PFAS mitigation and clean drinking water infrastructure
• Hazardous materials response and environmental cleanup
• Ecological restoration and flood mitigation
• Urban forestry and heat-island reduction
• Dam, coastal, and inland resilience infrastructure
• Restoration of degraded lands and improved public access to open space
• Expansion of recreational facilities, paths, and riverfront amenities
As gateway cities face increasing climate challenges—intense rainfall, riverine flooding, urban
heat, aging environmental infrastructure—this legislation is vital to establishing long-term
stability and environmental health in communities across Massachusetts.
Section 2 of H.5518 is particularly important to municipalities. It authorizes funding for DCR to
acquire land, restore and reclaim environmentally sensitive properties, support inland migration
of coastal habitats, and invest in stewardship and ecological restoration. It includes strong
accountability measures that directly support municipal fiscal health, such as tax-compliance
requirements for tenants and DCR assumption of tax liabilities in cases of extended delinquency.
The annual reporting requirements create transparency for both local governments and legislative
committees, ensuring municipalities remain informed about restoration progress, stewardship
activities, and tax compliance.
Sections 74 and 75 provide additional essential tools that empower municipalities to undertake
climate-related infrastructure improvements, environmental restoration projects, PFAS response
activities, river and watershed protection, and other initiatives required to safeguard public health
and safety. These sections expand access to funding mechanisms and enhance local capacity to
plan, design, and implement climate resilience projects.
Taken together, these provisions form a coordinated and effective statewide strategy that
strengthens municipal resilience while advancing environmental stewardship and equitable
access to safe recreational spaces.
The City of Lowell appreciates the Legislature’s leadership in advancing such substantial
investments in climate adaptation and environmental protection. We respectfully request that the
conference committee maintain Sections 2, 74, and 75 in the final version of the bill to ensure
that municipalities—especially gateway cities—can fully realize the benefits of these historic
appropriations.

Page 44 of 85

Office of the City Manager
City Hall*375 Merrimack St *Lowell, MA 01852
P:978-674-4402 * F:978-970-4007
www.LowellMA.gov
Shawn Machado
Assistant City Manager

Thank you for your continued commitment to building a more resilient, sustainable, and healthy
Massachusetts.
Sincerely,
Thomas A. Golden Jr.
City Manager
City of Lowell

Page 45 of 85

Office of the City Manager
City Hall*375 Merrimack St *Lowell, MA 01852
P:978-674-4402 * F:978-970-4007
www.LowellMA.gov
Shawn Machado
Assistant City Manager

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Shawn Machado, Assistant City Manager

CC:

Doreen Burgess & Conor Baldwin

DATE:

9/23/2026

SUBJECT: Motion Response # 15738 - C. Scott 9/22/2026- Req. City Mgr. contact the
state’s Executive Office of Health and Human Services and Lowell’s state delegation to advocate
for 24-hour shelter services as a condition of state funding, and for access to using state hospitals
or properties for shelter programming and expedite these efforts to support Lowell’s Winter
Protocol Program for this year.
Motion Response: C. Scott – Winter Protocol Program Coordination
In response to Councilor Scott’s motion, the Administration has initiated outreach to the Massachusetts
Executive Office of Health and Human Services (EOHHS) and to Lowell’s state legislative delegation
regarding the need for expanded support for the City’s Winter Protocol Program.
We have conveyed the City’s position that 24-hour shelter operations should be a condition of state funding for
emergency shelter providers, particularly in gateway cities like Lowell where demand for services continues to
exceed local capacity. The City has also requested state assistance in identifying potential state-owned
hospitals or properties that could be made available for temporary or seasonal shelter programming. Access to
such facilities would significantly strengthen our ability to protect vulnerable residents during the winter
months and reduce strain on municipal public safety and outreach systems.
Given the urgency of preparing for this year’s Winter Protocol, we have asked EOHHS and our state
delegation to expedite their review of these options and to coordinate directly with City staff as solutions are
evaluated. We will provide the Council with updates as discussions progress and as specific opportunities are
identified.

Letter to the Lowell State Delegation

Page 46 of 85

Office of the City Manager
City Hall*375 Merrimack St *Lowell, MA 01852
P:978-674-4402 * F:978-970-4007
www.LowellMA.gov
Shawn Machado
Assistant City Manager

9/23/2026
The Honorable Members of the Lowell State Legislative Delegation
Massachusetts State House
24 Beacon Street
Boston, MA 02133
Dear Members of the Lowell Delegation,
I am writing on behalf of the City of Lowell in follow-up to City Council requests regarding preparations for
the upcoming Winter Protocol Program. As our region continues to experience sustained demand for
emergency shelter and outreach services, we are seeking strengthened partnership with the Commonwealth to
ensure that vulnerable residents have safe, reliable options during the cold-weather months.
Specifically, the City respectfully requests your support in the following areas:
1. 24-Hour Shelter Operations as a Condition of State Funding
The City urges the Commonwealth to require 24-hour operations for shelters receiving state funds,
particularly in gateway cities like Lowell where overnight closures create significant gaps in care and
generate increased demand for municipal emergency response.
2. Access to State Hospitals or State-Owned Properties for Shelter Programming
We ask for your assistance in identifying any state-owned buildings, hospitals, or underutilized
properties that could be made available for temporary or seasonal shelter use. Even short-term access
to such facilities would substantially expand the City’s capacity to implement a safe and effective
Winter Protocol.
3. Expedited Coordination with the Executive Office of Health and Human Services (EOHHS)
Given the urgency of winter preparations, we request your support in facilitating expedited review
and coordination with EOHHS. Timely engagement will ensure that the City can align resources and
operational planning before severe weather conditions begin.
The City of Lowell is committed to working collaboratively with the Commonwealth to strengthen our
regional safety-net system and protect residents experiencing homelessness. We appreciate your continued
partnership and advocacy on these issues and welcome the opportunity to discuss potential solutions in greater
detail.
Thank you for your attention and ongoing support of the community.
Sincerely,
Thomas A. Golden Jr.
City Manager
City of Lowell

Page 47 of 85

City of Lowell - Law Department
375 Merrimack Street, 3d Floor . Lowell MA 01852-5909

Tel: 978.674.4050 . Far 978.453.1510 . www.lowellma.sov

Corey F. Williams
City Solicitor
Garrett Beaulieu
Michael Broderick
1,t Assistant City Solicitors

Timothy A. French

MEMORANDUM

Assista.nl City Solicito

Tax Title/Larld Use Attomey

TO:

Thomas A. Colden, Jr., City Manager .

FROM:

Corey F. Williams, City Solicior

DATE

October 6, 2026

fr

Olivia Hart-Paulson
Thomas G. Wood
Assislant City Solicitots

SUBJECT: MOTION RESPONSE: 812512026 - C. McDonough - Req. City Mgr. work
with the proper department to provide the council with a summary of MGL CH 268A as it
pertains to any former city councilor appearing before the council on behalf of a client;
said report should consider a hypothetical situation in *'hich the client had business before
the council when the former councilor was a member.
As an initial matter, at the outset ofthe Counci['s consideration of this motion, a substitute
motion was offered to remove the word "councilor" and replace it with "public body member."
As such, this motion response will respond to the motion reading as follows: "Req. City Mgr.
work with the proper department to provide the council with a summary of MGL CH 2684, as it
pertains to any former public body member appearing before the public body on behalfofa
client; said report should consider a hypothetical situation in which the client had business before
the public body when the former public body member was a member."
In this motion response, the following definitions are pertinent:

Municipal agency: "any department or office of a city or town govemment and any
council, division, board, bureau, commission, institution, tribunal or other instrumentality
thereof or thereunder." M.G.L. c.268A, gl(f)
Municipal employee: "a person performing services for or holding an office, position,
employment or membership in a municipal agency, whether by election, appointment,
contract of hire or engagement, whether serving with or without compensation, on a full,
regular, pa(-time, intermittent, or consultant basis . . . ." M.G.L. c.268.4, $1(g).

Official responsibility: "the direct administrative or operating authority, whether
intermediate or final, and either exercisable alone or with others, and whether personal or
through subordinates, to approve, disapprove or otherwise direct agency action." M.G.L.
c.268A, $l(i).

Page 48 of 85

a

Participate: "participate in agency action or in a particular matter personally and
substantially as a
municipal employee, through approval, disapproval, decision,
recommendation, the rendering of advice, investigation or otherwise." M.G.L. c.268A,

$lc).
Particular matter: "any judicial or other proceeding, application, submission, request for a
ruling or other determination, contract, claim, controversy, charge, accusation, arrest,
decision, determination, finding, but excluding enactment of general legislation by the
general court and petitions of cities, towns, counties and districts for special laws related
to their govemmental organizations, powers, duties, finances and property." M.G.L.
c.268A, $l(k).
For the purposes of this motion response, it is assumed that the former public body member was
considered a "municipal employee" during their service on the public body. Restrictions on the
activity of former municipal employees are governed by the provisions of M.G.L. c.268A, $18.
This statute reads as follows:
(a) A former municipal employee who knowingly acts as agent or attomey for or
receives compensation, directly or indirectly from anyone other than the same city
or town in connection with any particular matter in which the city or town has a
direct and substantial interest and in which he participated as a municipal

employee while so employed, or (b) a former municipal employee who, within
one year after his last employment has ceased, appears personally before any
agency ofthe city or town as agent or attorney for anyone other than the city or
town in connection with any particular matter in which the same city or town is a
party or has a direct and substantial interest and which was under his official
responsibility as a municipal employee at any time within a period of two years
prior to the termination ofhis employment, . . . shall be punished by a fine ofnot
more than $10,000, or by imprisonment in the state prison for not more than 5
years, or in ajail or house ofcorrection for not more than2112 years, or both.

M.G.L. c.268A, gl8
Subsection (a) is often refened to as the "forever ban" and subsection (b) as the "one year
cooling offperiod." The distinction between the two is that the forever ban applies to particular
matters in which the former municipal employee "participated", and the one-year cooling off
period applies to particular matters which were under the former municipal employee's "official
responsibility" within the two-year period prior to the termination of their employment.

Forever Ban (M.G.L. c.268A, 918(a))
M.G.L. c.268A, 918(a) prohibits a former municipal employee from receiving compensation
from, or acting as agent or attomey for, anyone other than the City in connection with a
particular matter in which the City is a party or has a direct and substantial interest, and in which
they previously participated as a City employee. See EC-COI-98-3.

2

Page 49 of 85

Not every action taken by a municipal employee while serving will trigger the provisions of
M.G.L. c.268A, $18. The former municipal employee must have "personally and substantially
participated in a particular matter while in govemment service." EC-COI-98-3. The terms
"personally and substantially" are not defined in the statute; however, the Ethics Commission has
stated that "personally" means "directly", and "substantially" means "that the employee's
involvement must be of significance to the matter, or form a basis for a reasonable appearance of
such significance." Id.ln addition, for the participation to be substantial, "[i]t requires more than
official responsibility, knowledge, perfunctory involvement, or involvement on an administrative
or peripheral issue." EC-COI-98-3.
Formulation ofa particular matter, through discussion, in preparation for a vote, as well as voting
on the matter is personal and substantial participation. See EC-COI-98-3 (citing Graham v.
McGrail, 370 Mass. 133, 138 (1976)); see also EC-COI-87-33. Under rhe precedent ofthe Ethics
Commission "it is not necessary for one to be the final or ultimate decision-maker to have
participated personally and substantially in the decision. Ifone discusses or makes
recommendations on the merits of a matter one will be deemed to have participated personally
and substantially in a matter." EC-COI-98-3 (citing EC-COI-89-2 (discussion of the merits of a
particular matter); EC-COI-79-74 (participation found where employee discussed with decisionmakers factors that were central considerations ofthe final evaluation ofa contract even if
employee did not participate in selection, final review, approval and execution ofcontract)).
After determining whether the former municipal employee personal[y and substantially
participated in a particular matter during their employment, the next factor to consider is whether
the former municipal employee's current work is "in connection with" said particular matter. See
EC-COI-92-17 .In making this determination, the Ethics Commission analyzes whether the
former employee's current work is "'integrally related' to the govemment matter because they
involve 'the same parties, the same litigation, the same issues or the same controversy."' ECCOI-92-17 (citing EC-COI-91 - 1 (not barred because different Iitigation raising different issues));
see also EC-COI-89-7 (later stage of same environmental review process involves same
controversy); EC-COI-87-34 (barring challenge to, but not interpretation of, regulations
employee assisted in promulgating); EC-COI-84-3 I (resubmission of same application presents
same controversy); EC-COI-81-28 (baned from new litigation involving same controversy,
parties, and challenge to same statute's validity); EC-COI-8o-108 (baned from different but
"integrally related" litigation based on different individuals' complaints, but same claim, same
issues, same businesses, and same time period). The Ethics Commission has allowed a former
employee's current work if the issues have changed substantially from the former employee's
government participation. /d. (citing EC-COI-89-34 (substantially different legislative proposal);
EC-COI-85-74 (different buildings using changed plans); EC-COI-83-80 (new altematives,
studied independently, for construction project)).
Furthermore, the Ethics Commission examines the effect that the current work has on the
particular matter the former employee participated in. 1d. (citing EC-COI-91-l (not barred where
new litigation did not seek to challenge or modify existing decree); EC-COI-86-23 (not barred
where work did not involve challenge or modification to existing escrow agreement)); see also
EC-COI-87-34; 85-11; 81-34 (all holding that a former public employee who participated in

3

Page 50 of 85

drafting a regulation may later engage in private work to apply or interpret the regulation, but not
to challenge its validity).
Importantly, it appears that the term "particular matter" is construed narrowly. If the former
municipal employees' current work involves different matters and/or issues, then it is unlikely
that the forever ban would apply. See EC-COI-85-22 (former Planning Board member would be
barred from participating in a proposed zoning amendment before that same Board ifthey
participated in the same zoning controversy with regard to a housing project when serving on the
Board; however, that restriction would only apply to the zoning issue and not to other aspects of
the fousing project); see also EC-COI-85-74 (former Housing Authority employee barred from
participating in first phase ofconstruction project under which he participated as an employee;
however, they were not barred from consulting on second phase ofthe project because it
involved a new design and a different set of buildings).
One-Year Cooling OffPeriod (M.G.L. c.268A, $18(b))

M.G.L. c.268A, $18(b) prohibits a former municipal employee, within one year of leaving
municipal service, from appearing personally on behallolanyone, other than the City, before
any City agency, in connection with any matter in which the City is a party or has a direct and
substantial interest and in which he had official responsibility in the two years prior to leaving
municipal govemment. See EC-COI-98-3.
This provision establishes "a supplementary one year bar on [one's] personally appearing [before
any City agency] in connection with matters in which, although [one] did not previously
participate, were nonetheless under [one's] official responsibility." EC-COI-90-l l. "Generally, a
public employee's official responsibility is determined by [their] authority to act rather than by
whether [they] actually exercise[] that authority." Id. (citing EC-COI-89-7; 89-26; 87-17).
"Typicalty, a statute or other legal definition provides a sufficient basis to delineate a public
employee's responsibilities." Id. (citing EC-COI-89-7 (by statute, a state cabinet secretary had
official responsibility to supervise their entire agency); EC-COI-89-26 (by statute, a special state
employee had ofhcial responsibility over matters delegated to others to perform); EC-COI-85-50
(city charter gave city solicitor responsibility for defending all claims); EC-COI-84-40 (town bylaws authorized selectmen to settle or defend)).

A former public body member's official responsibility would cover matters that came before
such body during the former member's service on the public body. See EC-COI-85-22 (stating
that the restriction would cover those matters pending within the public body during the
member's service, but any matters coming before the public body after the member's resignation
would not be considered within their official responsibility). However, this restriction only
applies to matters within the former employee's official responsibility in the last two years of
their employment. Only then does the one-year cooling offperiod apply. For example, ifthe
matter was within the former employee's official responsibility three years before the
termination oftheir employment, then the one-year cooling offperiod would not apply. After one
year has elapsed since the termination of the former employee's employment, then they may
appear before any City agency in connection with a matter in which they had official
responsibility within the last two years of their employment.

4

Page 51 of 85

Hypothetical Situation
Evaluating hypothetical situations regarding M.G.L. c.268A can be difficult because the analysis
is extremely fact dependent. However, in the hypothetical case raised by this motion, the analysis
regarding the forever ban would tum on whether the current business before the public body is in
connection to a particular matter that the former public body member participated in. If the
former employee voted on a particular matter when they were a member of the body, then they
participated in that particular matter. However, the forever ban would only come into
consideration if the former employee's current work is in connection to the particular matter. If
the former employee appears before the public body on a matter that concerns different subject
matter, different issues, diff'erent complaints, different time period, etc., then it is unlikely that
the forever ban would appty. On the other hand, if the former employee appears before the public
body on the same matter, same controversy, etc., then it is possible that the forever ban applies.

In terms of the one-year cooling offperiod, this restriction would come into play if the former
public board member appears before the public body of which they were a member in connection
to a matter in which they had official responsibility during their time as a public board member,
and (i) the niatter was within the former employee's official responsibility during the last two
years oftheir employment; and (ii) less than one year has elapsed since the former employee left
their position. If more than one year has elapsed and/or the matter was within the former
employee's official responsibility more than two years before the employee left their position,
then the provisions ofthe one-year cooling offperiod would not come into play.
Again, under 268A, every situation requires a separate, individual analysis based on the fact
specific nature of this particular subject matter. Thus, making an in-depth analysis ofa
hypothetical situation is very difficult. With that said, should any municipal employee in the City
ofLowelI have questions or concems about the provisions ofthe Conflict-of-lnterest Law, please
do not hesitate to contact the City Solicitor's office or the Massachusetts State Ethics
Commission.

5

Page 52 of 85

City of Lowell - Law Department
375 Merrimack Street, 3.d Floor . Lowell MA 01852-5909

Tel: 978.674.4050 . Fax 978.453.1510 . www.lowellma.gov

Corey F. Willians
City Solicitot

Garfett Beaulieu
Michael Broderick
'ln Assistant

City Solicitors

Timothy A. French

MEMORANDUM
TO:

Assistan t City Solici tor I

Tax TitlelLand Use Attorney

Thomas A. Golden, Jr., City Manager

FROM:

Corey F. Williams, City Solicitor

DATE:

October 6, 2026

ry

Olivia Hart-Paulson
Thomas G. Wood
Assistan t Ci ty Solic i tors

SUBJECT: MOTION RESPONSE: May 5,2026 - C. Nuon - Req. City Mgr. provide City
Council with an update concerning the Hot Pot restaurant on Middlesex Street at an Early
garage

The City of Lowell is currently in active litigation with Hot Pot District, LLC, the
commercial tenant currently occupying l3 I Middlesex Street in the Early Parking Garag e. See Hot
Pot District LLC v. City of Lowell, Massachusetts Superior Court, Middlesex County, Civil Action

No.2481CV01872. Since this case remains in active litigation, details sunounding the City's legat
analysis/position should only be discussed in executive session. Below you will find a brief
summary of the case with information that is already publicly available.

On March 24,2022, the City and Hot Pot District, LLC ("Hot Pot") signed a five-year
commercial lease agreement. Under the lease, Hot Pot is required to pay the City $8,410 per month,

with a two percent (2yo) rental increase each year that Hot Pot is a tenant. Hot Pot alleges that they
obtained oral permission to only pay $2,000 per month in rent. The City disputes any such oral

Page 53 of 85

promise was made.r Based on this purported oral agreement, Hot Pot began paying $2,000 per
month in rent, $6,410less than what is required by the written lease.2
On March 21,2024, the City served upon Hot Pot a notice of default seeking the balance

of unpaid rent. When Hot Pot did not pay the balance of unpaid rent, on April 8, 2024, the City
sent a notice of termination ofthe lease.

On July 11, 2024, the City initiated a summary process action in the Lowell District Court,
seeking Hot Pot's eviction for unpaid rent. Less than a week later, Hot Pot brought suit against the

City in Massachusetts Superior Court, seeking monetary damages and a declaratory judgment that

Hot Pot cannot be evicted from the premises. The City then countersued Hot Pot for unjust
enrichment and for the balance of unpaid rent. The City's summary process action in Lowell

District Court was later transferred to Lowell Superior Court and consolidated into the case
brought by Hot Pot.

Following extensive discovery and depositions, on May 7, 2026, the City filed a motion
for partial summary judgment, seeking an order evicting Hot Pot from the premises. That motion

is cunently pending in the Lowell Superior Court. A hearing on the motion was scheduled for
August 20, 2026. However, due to judicial vacancies in Lowell Superior Court's L2 session, the
hearing has been postponed to January 7 ,2027 . The City cannot take any further action conceming
the premises until either the Superior Court grants the City's partial motion for summary judgment

or Hot Pot's lease expires (March 2027).

I The City's position is that even if such an oral promise

were made, it is not legally valid for two
reasons. First, under M.G.L. c. 40, $ 4, contact modifications of this nature can only be approved
by the City Manager. Second, under the Statute of Frauds. modifications of multi-year commercial
lease agreements must be in writing; oral promises are legally insufficient.
2 The

City contends that for several of those months, Hot Pot has paid rent late, requiring the
imposition oflate fees that Hot Pot also has not paid to the City. Thus, even ifthe purported $2,000
per month oral agreement was valid, Hot Pot has still defaulted on its legal covenant to pay rent.

Page 54 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4402 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Assistant City Manager For Fiscal Affairs

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Conor Baldwin, Assistant City Manager/ CFO

CC:

Melissa Desroches, Executive Assistant to the City Manager

DATE:

October 6, 2026

SUBJECT: Motion Response – Ref. # 14315– 7/14/2026 - C. Liang - Req. that the City
Mgr. have appropriate departments provide a comprehensive list of advertisement vendors,
including news outlets, media organizations, and social media platforms, that have been
contracted by the City for various programs and services, how they were selected, along with the
total expenditure associated with each agency or company over the past 24 months.
Overview
In response to Motion #14315, the City's advertising and media vendor relationships fall into two
distinct categories: (1) statutorily required legal notice advertising, which the City is obligated to
publish regardless of discretionary marketing priorities, and (2) ARPA-funded marketing
initiative undertaken to support business recovery and revitalize sectors of the local economy
hardest hit by the COVID-19 pandemic. Each is addressed separately below.
1. Legal Notice Advertising - Lowell Sun / Lowell Publishing Company
Under Massachusetts law, the City is required to publish legal notices for matters including City
Council and land use board public hearings, competitive bid and procurement notices, and other
statutory postings. The Lowell Sun (Lowell Publishing Company, Vendor #5310) is the City's
primary vendor for these obligated notices, and the City's business with the Lowell Sun is driven
by this legal requirement rather than by discretionary marketing choice.
Fiscal Year
FY2025 (7/1/24-6/30/25)
FY2026 (7/1/25-6/30/26)
Two-Year Total

Total Spend - Lowell Sun / Lowell
Publishing Co.
$112,572.64
$69,203.81
$181,776.45

Page 55 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4402 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Assistant City Manager For Fiscal Affairs

FY2025 spend by department:
Department
Fiscal Year
Treasurer
FY2025
Purchasing
FY2025
City Manager
FY2025
City Clerk
FY2025
Planning & Development
FY2025
DPW General
FY2025
Health Department
FY2025
Water Department
FY2025
Wastewater Utility
FY2025
Lowell Schools Admin
FY2025
Library
FY2025
Cemetery
FY2025
Career Ctr of Lowell
FY2025
FY2025 Total
FY2026 spend by department:

Amount
$31,498.64
$30,289.63
$14,387.00
$13,675.00
$10,900.00
$4,250.00
$3,000.00
$1,300.00
$1,100.00
$907.42
$604.95
$360.00
$300.00
$112,572.64

Department
Purchasing
City Clerk
Planning & Development
Treasurer
Health Department
City Manager
DPW General
Library
Water Department
Wastewater Utility
Career Ctr of Lowell
Lowell Schools Admin
FY2026 Total

Amount
$17,875.00
$16,365.00
$10,279.09
$6,000.00
$5,500.00
$4,970.00
$2,610.00
$2,474.85
$1,300.00
$1,000.00
$516.90
$312.97
$69,203.81

Fiscal Year
FY2026
FY2026
FY2026
FY2026
FY2026
FY2026
FY2026
FY2026
FY2026
FY2026
FY2026
FY2026

2. Other News Outlets, Media Organizations, and Social Media Platforms
In addition to the legal notice advertising described above, the City's general fund Marketing
account (Org 1238153, Object 531700) reflects additional expenditures with news outlets and
media organizations over the past two fiscal years, including an additional amount paid to the

Page 56 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4402 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Assistant City Manager For Fiscal Affairs

Lowell Sun through this account (distinct from the legal-notice advertising account above), as
well as local broadcast and community media outlets:
Vendor
Type
Lowell Publishing
Print/news
Company (Lowell Sun)
SBTV Boston Inc.
Broadcast
(WCVB)
television
WCAP Northeast Radio,
Broadcast radio
Inc.
Print/community
Khmer Post USA, LLC
news

FY2025

FY2026

Total

$14,387.00

$4,970.00

$19,357.00

$12,125.00

$4,850.00

$16,975.00

$600.00

$400.00

$1,000.00

$400.00

$0.00

$400.00

3. ARPA-Funded Marketing Initiative - Business Recovery and Sector Revitalization
The American Rescue Plan Act (ARPA) provided the city with a unique, one-time opportunity to
invest in marketing efforts specifically aimed at aiding business recovery and revitalizing the
sectors of Lowell's economy hardest hit by the COVID-19 pandemic. These investments were
distinct from, and in addition to, the City's ordinary/statutory advertising obligations described
above.
These decisions were made by an extensive public input process conducted prior to obligating
ARPA funds. The city held four in-person listening events at the YMCA, the Boys & Girls Club,
the Lowell Senior Center, and additional smaller venues in partnership with neighborhood
groups and the Lowell Non-Profit Alliance. In parallel, the city conducted an online survey.
Notably, 33% of survey respondents identified “addressing the negative economic impacts” of
the pandemic as the priority category for ARPA spending — directly supporting the City's
decision to invest ARPA funds in business-recovery-oriented marketing and communications.
These listening sessions were held at: Greater Lowell YMCA (Wednesday, May 11, 2022, 6:00
PM); Boys & Girls Club of Greater Lowell (Thursday, May 19, 2022, 6:00 PM); and the Lowell
Senior Center (Wednesday, May 25, 2022, 6:00 PM), in addition to smaller sessions held in
partnership with neighborhood groups and the Lowell Non-Profit Alliance.
All vendors engaged in this ARPA-funded marketing effort were selected either through
competitive procurement or through purchase from a Massachusetts state contract — both
standard, accepted municipal procurement practices.

Page 57 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4402 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Assistant City Manager For Fiscal Affairs

Vendor

Total Spend

CBS Broadcasting Inc.

$135,073.17

Guilfoil, John - Public
Relations LLC
Issues Management
Group, Inc.
Total

$50,775.00
$8,560.00
$194,408.17

Selection Method
Competitive procurement RFP 25-104

Service
Media services
(broadcast)
Public relations
MA state contract (PRF86)
services
Competitive procurement Public relations
RFP 25-12
services per contract

CBS Broadcasting Inc. and Issues Management Group, Inc. were procured through competitive
Requests for Proposals (RFP 25-104 and RFP 25-12, respectively). Guilfoil, John - Public
Relations LLC was engaged under Massachusetts state contract PRF86.
4. Summary
Across both categories, the City's advertising and marketing vendor relationships reflect either a
legal obligation (public notice advertising) or a deliberate, publicly vetted, competitivelyprocured investment of one-time ARPA resources in the local economy's recovery. The table
below combines all vendors identified above with their total expenditure over the past 24
months, as requested in the motion.
Vendor / Agency
Lowell Publishing Company (Lowell
Sun)

Total (24 mo.)

CBS Broadcasting Inc.

$135,073.17

Guilfoil, John - Public Relations LLC

$50,775.00

SBTV Boston Inc. (WCVB)

$16,975.00

Issues Management Group, Inc.

$8,560.00

WCAP Northeast Radio, Inc.
Khmer Post USA, LLC

$1,000.00
$400.00

$201,133.45

Funding Source / Selection
Legal notice advertising
(statutory) + Marketing account
ARPA-funded marketing - RFP
25-104
ARPA-funded marketing - MA
state contract PRF86
Marketing account
ARPA-funded marketing - RFP
25-12
Marketing account
Marketing account

Page 58 of 85

The City of Lowell • Department of Planning and Development
JFK Civic Center • 50 Arcand Drive • Lowell, MA 01852
P: 978.674-4252 • F: 978.970.4262
www.LowellMA.gov
Yovani Baez-Rose
Assistant City Manager/DPD Director
Camilo Espitia
Deputy Director

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Yovani Baez-Rose, Assistant City Manager/DPD Director

DATE:

October 6, 2025

SUBJECT:

REPORT TO UPDATE TRAFFIC ORDINANCE

The Ordinances contained in the attached package that is before the City Council on October 6, 2026
and then referred to Public Hearing are two proposed 20 MPH Safety Zones within University of
Massachusetts Lowell North and South campuses.
The City Transportation Engineer and LPD Traffic Division have been coordinating with UMass
Lowell Police and Administration to identify opportunities to address student safety in and around the
UMass Lowell campuses. MassDOT’s publication Procedures for speed zoning on State Highways
and Municipal Roads allows for the creation of “Safety Zone Speed Limits” on municipal roadways
without approval from MassDOT. Speed limits within a Safety Zone must be set at 20 mph and are
intended to be used in areas where vulnerable road users are likely to be present, such as parks and
playgrounds, senior citizen housing and centers, hospitals or other medical facilities, high schools and
higher education centers, and daycare facilities.
To establish a Safety Zone, the following minimum criteria should be met:
• The street should be adjacent to a land use that is likely to attract
vulnerable road users.
• The Safety Zone should contain one or more areas that have potential
conflicts between motor vehicles and vulnerable road users that warrant
a reduction in speeds such as crosswalks, driveways, or side streets.
• The minimum length of the Safety Zone should be at least ¼ of a mile
and it should not extend more than 500’ beyond a side street unless an
applicable land use continues along the adjacent block.
Two locations were identified that met these criteria: Riverside Street in North Campus and
Broadway Street in South Campus. Both areas have heavy pedestrian activity between University
buildings, students on scooters and bicycles, and significant conflicting vehicle presence. The
suggested speed zone locations are in the attached package.
Other identified opportunities to improve vulnerable road user safety include:
Page 1 of 2

Page 59 of 85

•
•
•
•

Signalization of the intersection of Aiken Street with Perkins Street. The funding for design
and construction of this traffic signal will be provided by MassDOT through their Local
Bottleneck Grant program.
Provision of two (2) new Rapid Rectangular Flashing Beacons (RRFBs) along Pawtucket
Street at Wilder Street and Walker Street.
Increased social media awareness campaigns by the University to all new and returning
students on walking and “rolling” in Lowell.
Implementing an exclusive pedestrian walk phase at the existing traffic signal at Broadway
Street and Walker Street.

EMO/
cc:
Elizabeth Oltman, PE, Transportation Engineer
James Fay, Captain, Police
John Cooper, Sign and Meter Division

Page 2 of 2

Page 60 of 85

The City of Lowell • Department of Planning and Development
JFK Civic Center • 50 Arcand Drive • Lowell, MA 01852
P: 978.674-4252 • F: 978.970.4262
www.LowellMA.gov
Yovani Baez-Rose
Assistant City Manager/DPD Director

October 6, 2026

Camilo Espitia
Deputy Director

SECTION 266-43 SPECIAL SPEED REGULATIONS, is hereby amended by adding the following new
section:
G. SAFETY ZONES

In accordance with the provisions of MGL C. 90, §17, special safety zone speed regulations of twenty (20)
miles per hour have been established on the streets listed in Schedule B, filed in the office of the City Clerk:
SCHEDULE B
Is hereby amended by adding the following:
Name of Street

Location

Broadway Street

Extending 1,500 feet, from a point 300 feet
to the east of Wilder Street to a point 200 feet
to the east of Pawtucket Street

Riverside Street

Extending 2,000 feet, from a point 300 feet
to the south of University Avenue to Sparks
Street

Page 1 of 1

Page 61 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.970.4000 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager
Shawn Machado
Assistant City Manager

October 6, 2026
Mayor Erik R. Gitschier
And
Members of the City Council
RE:

Resignations

Dear Mayor Gitschier and Members of the City Council:
This communication acknowledges receipt of letters of resignation from two members of various
boards and commissions. The following members’ resignations are accepted:
Antonia Bryant – Youth Commission
Bradley Buitenhuys – Conservation Commission
I am filing these resignations and this acceptance thereof with the City Clerk, as required by law.
The City of Lowell appreciates the service of the above members to the Youth Commission and
the Conservation Commission, and on their behalf I extend thanks.
Very truly yours,

Thomas A. Golden, Jr.
City Manager
cc:

City Clerk
City Auditor
City Solicitor
MIS
Human Relations

Page 62 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.970.4000 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager
Shawn Machado
Assistant City Manager

October 6, 2026
Mayor Erik R. Gitschier
And
Members of the City Council
RE:

Lowell Youth Commission Appointments

Dear Mayor Gitschier and Members of the City Council:
Pursuant to the authority vested in me as City Manager, I am appointing the following persons to the
Lowell Youth Commission:
Dylan Quinones, which term expires October 6, 2029, or such time thereafter until a successor is
appointed and qualified; and
Avry McKiernan, which term expires October 6, 2029, or such time thereafter until a successor is
appointed and qualified; and
Ariana Martinez, which term expires October 6, 2029, or such time thereafter until a successor is
appointed and qualified.
Since confirmation by the City Council is not required for these appointments, this letter is notification of
such.
I would be happy to answer any inquiries you may have concerning these appointments.
Very truly yours,

Thomas A. Golden, Jr.
City Manager
cc:

City Clerk
City Solicitor
Human Relations

Lowell Youth Commission
MIS
City Auditor

Page 63 of 85

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council
VOTE
Authorizing the City Manager on Behalf of the City of Lowell, to accept a Gift of One Thousand
and 00/100 ($1,000.00) Dollars for use by the City of Lowell Pollard Memorial Library.
-----The Demoulas Foundation desires to donate One Thousand and 00/100 ($1,000.00) Dollars to
the City of Lowell Pollard Memorial Library; and
The City of Lowell desires to accept the gift of said funds to be used towards library
programming, literacy for all ages, outreach service, and more.
NOW, THEREFORE, BE IT VOTED:
That the City Manager be and is hereby authorized in the name of the City of Lowell, to accept a
gift of One Thousand and 00/100 ($1,000.00) Dollars from the Demoulas Foundation for use by
the City of Lowell Pollard Memorial Library, pursuant to Massachusetts General Laws Chapter
44, Section 53A.
BE IT FURTHER VOTED:
That the City Manager will convey the City’s appreciation for the gift.

VoteAcceptGiftsLibraryDemoulas26

Page 64 of 85

The City of Lowell • Pollard Memorial Library
401 Merrimack St. • Lowell, MA 01852
P: 978.674.4120 • F: 978.970.4117
https://LowellLibrary.org
Since 1844, Lowell’s public library.
Bridget D. Cooley
Director
Board of Trustees
Thomas Golden

October 1, 2026
City of Lowell
375 Merrimack Street
Lowell, MA 01852-5909

City Manager, President Ex-Officio
Donna Richards
Chair
Ellen Anstey
Judith Davidson

This letter is to ask City Council to support a $1,000 donation from the Demoulas
Foundation in request for support the library and our programming.
The award letter is attached and this donation will go to support library programming,
literacy for all ages, programming, outreach service and much more to support the
library’s goals and services for city residents.
It is my hope that this award will be approved by City Council to be implemented.
Please let me know if you have any questions.
Sincerely,
Bridget D. Cooley
Director

Suzanne Frechette
Helen Littlefield
Courtney McSparron
Jack Moynihan
Christine O’Connor
Jaylynne Ogbeide
Christopher St.Croix

Page 65 of 85

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council

VOTE

Approving the Special Municipal Election Schedule and authorizing the execution of a
Special Municipal Election Warrant.
-------WHEREAS, pursuant to Massachusetts General Laws Chapter 54, § 63 and 64, the City
Council may call a special election and must notify qualified voters of the time and place said
election is being held; and
WHEREAS, the City desires to hold a Special Municipal Election on Tuesday, December
15, 2026 to fill a vacancy caused by the resignation of District 1 Councilor Daniel P. Rourke; and
WHEREAS, it would be necessary to also fix a new date for the filing of nomination papers
and for the certification of the names thereon.
BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF LOWELL, as follows:
That the Lowell City Council approve the Special Municipal Election Schedule attached
hereto and authorize the execution of a Special Municipal Election Warrant to notify qualified
voters.

V:Electoral System/SpecialElection

Page 66 of 85

Tuesday, December 15, 2026, Special Election
City Council, District 1
Lowell, Ward 1, Precincts 1-4
To fill a vacancy caused by the resignation of Councilor Daniel P. Rourke.
Called for by the Lowell City Council on Tuesday, October 6, 2026
Wednesday, October 7, 2026

Municipal Election nomination papers
released

5:00 PM Tuesday, October 27, 2026

Last day and hour to submit nomination
papers to the Election Commission

Wednesday, November 4, 2026

Posting of list of candidates

5:00 PM, Thursday, November 5, 2026

Last day and hour for filing withdrawals or
objections to nomination of candidates for
Municipal Offices with the Election Commission.

Tuesday, December 15, 2026

SPECIAL ELECTION
Polling hours: 7:00AM to 8:00 PM

Page 67 of 85

CITY OF LOWELL
ELECTIONS COMMISSION
DECEMBER 15, 2026 SPECIAL MUNICIPAL ELECTION WARRANT
City of Lowell SS.
GREETINGS:
In the name of the City of Lowell, you are hereby required to notify and warn the inhabitants of said city who are
qualified to vote in Elections to vote at:
Ward 1 Precinct 1 ..................................................................... McAvinnue School, 117 Mammoth Rd.
Ward 1 Precinct 2 .................................................................... McAvinnue School, 117 Mammoth Rd.
Ward 1 Precinct 3 ............................ Pawtucketville Memorial School Gymnasium, 425 W Meadow Rd.
Ward 1 Precinct 4 ............................ Pawtucketville Memorial School Gymnasium, 425 W Meadow Rd.
on TUESDAY, THE FIFTEENTH DAY OF DECEMBER , 2026, from 7:00 A.M. to 8:00 P.M. for the following
purpose:
To cast their votes in the Special Municipal Election for the candidates for the following office:
CITY COUNCILOR ................................................................................................................... DISTRICT 1

Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting.
Given under our hands this _______ day of October, 2026.
_____________________________________

_____________________________________

_____________________________________

_____________________________________

_____________________________________

_____________________________________

_____________________________________

_____________________________________

_____________________________________

_____________________________________

_____________________________________
City Council of: Lowell, Massachusetts
Served in hand to City Clerk Michael Geary
_____________________________________
City Clerk

_______________________________, 2026.
(month and day)

Page 68 of 85

Elections & Census
375 Merrimack St., Room 5
P: 978.674.4046 • F: 978.970.4089
www.LowellMA.gov
Will Rosenberry
Director of Elections & Census

MEMORANDUM
TO:

The Lowell City Council

FROM:

Will Rosenberry, Director of Elections & Census

CC:
Thomas A. Golden, Jr., City Manager; Corey Williams, City Solicitor; Michael Q.
Geary, City Clerk;
DATE:

October 2, 2026

SUBJECT:

City Council District 1, Special Election

In accordance with Chapter 138 of the Acts of 2024, I have enclosed a Warrant calling for a
Special Election to fill the vacancy in the City Council, District 1, created by the recent
resignation of Daniel P. Rourke.
Should the City Council vote to schedule the Special Election for Tuesday, December 15, 2026,
and the Warrant be signed by a majority of the Councilors, the Warrant will be posted and my
office will promptly issue Nomination Papers, along with the enclosed Special Election Calendar
outlining all legal filing deadlines and a Candidate’s Guide to Special Elections.

Page 69 of 85

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council

VOTE

Authorizing the City Manager to proceed under the provisions of Massachusetts General Laws
Chapter 30B and amend a contract with TRC Environmental Corp. for a total term of up to five
(5) years.
---------TRC Environmental Corp. currently has a contract for Licensed Site Professional (LSP) Services
in connection with the Grand Manor Remediation Project with the City of Lowell.
The City Council must authorize the City Manager to proceed under the provisions of
Massachusetts General Laws Chapter 30B, in order to amend said contract for a total term of up
to five (5) years.
NOW, THEREFORE, BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF LOWELL,
as follows:
That the City Manager is hereby authorized to enter into a contract with TRC Environmental
Corp. under the provisions of Massachusetts General Laws Chapter 30B, relative to Licensed
Site Professional (LSP) Services in connection with the Grand Manor Remediation Project for a
total term of up to five (5) years.
BE IT IS FURTHER VOTED:
That the City Manager be and hereby is authorized to execute and deliver any and all other
documents related to mobile payment application for parking with TRC Environmental Corp. for
the City of Lowell, on such terms and conditions as the City Manager deems in the best interest
of the City of Lowell.

V:contracts/TRC

Page 70 of 85

1

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4400 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

October 1, 2026

Shawn Machado
Assistant City Manager

Mayor Erik Gitschier
and
Members of City Council
REFERENCE: Request for Authorization of Five-Year Contract Term
Dear Mayor Gitschier and Members of The City Council,
DPD requests the council vote to authorize a contract term of up to five years for TRC
Environmental for Licensed Site Professional (LSP) Services in connection with the Grand Manor
Remediation Project. Work under the existing contract is anticipated to extend beyond the threeyear period generally permitted under M.G.L. c. 30B.
Due to the ongoing nature of environmental remediation and additional regulatory requirements
associated with the project, a longer contract term is necessary to provide continued oversight and
support throughout the duration of work.
Approval of this request will provide the City with the necessary contractual term to maintain
continuity of the project while avoiding the administrative and operational disruptions associated
with having to rebid or renegotiate the contract after the three-year period. Maintaining continuity
with the LSP will also support coordination with the general contractor and facilitate consistent
regulatory oversight as the project progresses.
If you have additional questions about this request, please do not hesitate to contact Assistant City
Manager/DPD Director Yovani Baez-Rose at 978-674-4252.
Sincerely,

Thomas A. Golden Jr.
City Manager

Page 71 of 85

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
VOTE
IN CITY COUNCIL:
ORDER,
To transfer funds from the special revenue fund for ride share assessments to the DPD
Traffic Calming Account to support transportation infrastructure improvements.
ORDERED,
By the City Council of the City of Lowell, as follows:
That the amount of One Hundred Eighty-Three Thousand and 00/100
($183,000.00) Dollars be transferred:
FROM:

Uber/Lyft Fund #1701, as more fully described in “Attachment A”

TO:

Account #01824154-523501, as more fully described in “Attachment A”

ORDER RECOMMENDED AND INTRODUCED BY:

Thomas A. Golden, Jr., City Manager

V:transfers/fy27/RideShare/10.6.26

Page 72 of 85

The City of Lowell
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.446.7200 • F: 978.970.4007
www.LowellMA.gov
Office of the City Auditor

Budget Transfer Form

Requestor:

Yovani Baez Rose, Assistant City Manager
DPD

Fund

Organizational ID

Object

Amount Requested

0010

01824154

523501

$

Date:

DPD - Traffic Calming Account

***Include Fund, Org, and Object if this is a budget transfer
Reason for budget adjustment:

Transfer funding from Uber/Lyft Special Revenue Fund to DPD Traffic Calming Account

Department Head Approval:

CFO Approval:

10/1/2026

(1) Source of Additional Funding***
183,000.00 Fund 1701 - UBER LYFT

(1) Amount (transfers only)
$

183,000.00

Page 73 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4400 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Chief Financial Officer

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Conor Baldwin, Chief Financial Officer

CC:

Yovani Baez-Rose, Assistant City Manager / DPD Director

DATE:

October 6th, 2026

SUBJECT:

Vote to transfer funds from Uber/Lyft Assessment account

The Department of Planning and Development (DPD) has forwarded a request to appropriate
monies from the city’s transportation infrastructure fund. The receipts deposited in the fund are
received from the state as the result of a fee instituted on ridesharing services like Uber and Lyft
and must be used to address the impact of transportation network services on municipal roads,
bridges and other transportation infrastructure or any other public purpose substantially related to
the operation of transportation network services in the city or town including, but not limited to,
the complete streets program established in [G.L. c. 90I, § 1] and other programs that support
alternative modes of transportation. Pursuant to the regulations of the Department of Revenue, the
account is to be treated as a special revenue fund and requires an appropriation of the legislative
body prior to expenditure.
DPD plans to expend $183,000 of the Uber/Lyft funds to finance various transportation
infrastructure improvements. The Assistant City Manager / Director of DPD has outlined the
proposed projects in her memo and below, I have included a summary of the impacted budgetary
accounts. Please do not hesitate to let me know if there are any questions.

Page 74 of 85

The City of Lowell • Department of Planning and Development
JFK Civic Center • 50 Arcand Drive • Lowell, MA 01852
P: 978.674-4252 • F: 978.970.4262
www.LowellMA.gov

TO:

Thomas A. Golden, Jr., City Manager

FROM:

Yovani Baez-Rose, Assistant City Manager/DPD Director
Elizabeth Oltman, PE, Transportation Engineer

CC:

Conor Baldwin, Chief Financial Officer

DATE:

September 22, 2026

Yovani Baez-Rose
Assistant City Manager/DPD Director
Camilo Espitia
Deputy Director

SUBJECT: Utilize Transportation Network Company (TNC) Fund for Construction of Five Signal
Upgrades and Six New Flashing Beacons
The Department of Planning and Development (DPD) requests to use $183,000.00 from the Transportation
Network Company (TNC) fund, i.e., Uber/Lyft fees that the City of Lowell receives from the state annually in
addition to City Capital funds. The DPD would utilize these funds to construct the following transportation
infrastructure improvements:
•
•
•
•
•
•
•

Modify the existing traffic signal at the intersection of Gorham Street with Moore Street to provide
modern vehicle and pedestrian signal equipment.
Modify the existing traffic signal at Broadway Street with Fletcher Street to provide modern vehicle
and pedestrian signal equipment.
Modify the existing traffic signal at Chelmsford Street with Plain Street to replace the signal controller
and vehicle detection systems.
Modify the existing traffic signal at University Avenue and Riverside Street to provide modern
pedestrian signal equipment.
Modify the existing traffic signal at Bridge Street and West Sixth Street to provide modern pedestrian
signal equipment.
Replace the existing end of life RRFB on Broadway Street at the Senior Center with new equipment.
Install a new RRFBs at existing crossings at:
o Pawtucket Street at Wilder Stret
o Pawtucket Street at Walker Street
o Fletcher Street at Butterfield Street
o West Meadow Road at Wang School
o Gorham Street at Butler School

The Acts of 2016, c. 187, § 8(c) requires that the funds be used “to address the impact of transportation
network services on municipal roads, bridges and other transportation infrastructure or any other public
purpose substantially related to the operation of transportation network services in the city or town including,
but not limited to, the complete streets program established in section 1 of chapter 90I of the General laws and
other programs that support alternative modes of transportation…”
DPD believes this project is an ideal use of these funds in addition to City Capital funds because the proposed
projects would improve the operation of these signalized intersections and improve safety for pedestrians at
the RRFB crossings. DPD requests that $183,000.00 be authorized for this purpose.

Page 75 of 85

1

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4400 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

September 22, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
Dear Mayor Gitschier and Members of the Lowell City Council,
I am hereby requesting that the City Council vote to transfer $183,000 from the special revenue
fund for ride share assessments into the DPD budget pursuant to a request by the Assistant City
Manager and the Transportation Engineer.
Pursuant to statute, the Transportation Network Company (TNC) Division of the Department of
Public Utilities must collect a $0.20 per-ride assessment on all TNC rides originating in the
Commonwealth. The Acts of 2016, c. 187, § 8(c) requires that the funds be used “to address the
impact of transportation network services on municipal roads, bridges and other transportation
infrastructure or any other public purpose substantially related to the operation of transportation
network services in the city or town including, but not limited to, the complete streets program
established in section 1 of chapter 90I of the General laws and other programs that support
alternative modes of transportation…”
Enclosed with this letter is a memorandum from the Chief Financial Officer which outlines the
details of the transfer and a memorandum from DPD further explaining the necessity and the
proposed expenditures to be financed by this transfer. Please do not hesitate to let me know if there
are any questions.
Sincerely,

Thomas A. Golden, Jr.
City Manager
Cc: Conor Baldwin, Chief Financial Officer
Yovani Baez-Rose, Assistant City Manager/DPD Director
Kelly Oaks, City Auditor

Page 76 of 85

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
VOTE
IN CITY COUNCIL:
ORDER,
To transfer funds from the City Manager’s Salaries and Wages Account to CASE’s
Salaries and Wages Account.
ORDERED,
By the City Council of the City of Lowell, as follows:
That the amount of Forty-Three Thousand and 00/100 ($43,000.00) Dollars be
transferred:
FROM:

Account #01234151-511000, as more fully described in “Attachment A”

TO:

Account #01244151-511000, as more fully described in “Attachment A”

ORDER RECOMMENDED AND INTRODUCED BY:

Thomas A. Golden, Jr., City Manager

V:transfers/fy27/Salaries/10.1.26

Page 77 of 85

The City of Lowell
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.446.7200 • F: 978.970.4007
www.LowellMA.gov
Office of the City Auditor

Budget Transfer Form

Austin Ball, Deputy CFO

Requestor:

Date:

Fund

Organizational ID

Object

Amount Requested

0010

01244151

511000

$

***Include Fund, Org, and Object if this is a budget transfer
Reason for budget adjustment:

Transfer available surplus in MGR office to fund employee in CASE

Department Head Approval:

CFO Approval:

10/1/2026

(1) Source of Additional Funding***
43,000.00 01234151-511000

(1) Amount (transfers only)
$

43,000.00

Page 78 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4400 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Chief Financial Officer

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Conor Baldwin, Chief Financial Officer

CC:

Melissa Desroches, Executive Assistant to City Manager
Kelly Oakes, City Auditor

DATE:

October 6th, 2026

SUBJECT: Transfer from City Manager’s Office to CASE’s budget
Below is a request to transfer funds from the Manager’s Office to CASE into the salary and
wage account. The purpose of this transfer is to support staffing capacity dedicated to
highlighting the events, programs, and initiatives taking place throughout the City of Lowell.
The finance team has identified an available surplus in the City Manager’s salary and wages
account, generated due to Assistant City Manager Machado’s time as Interim Director of
MassHire, whereby a portion of his salary for the time spent performing those duties is funded
by available grants. Because this transfer is interdepartmental, it requires a vote of the City
Council. A request has been sent to the law department to prepare the necessary vote for the
transfer.
Please do not hesitate to let me know if there are any questions. A summary of the impacted
accounts is included in the table, below.

Austin Ball
Deputy CFO

Page 79 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4002 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

October 6th, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
Dear Mayor Gitschier and Members of the Lowell City Council,
I am hereby requesting that the City Council vote to transfer funds from the City Manager’s
Office budget to CASE’s account for salaries & wages, in the amount of $43,000.
The purpose of this transfer is to support staffing capacity dedicated to highlighting the events,
programs, and initiatives taking place throughout the City of Lowell. As the volume and
visibility of community events, civic engagement opportunities, and city initiatives continues to
grow, dedicated staff support is necessary to ensure these efforts are effectively communicated to
residents and stakeholders. This transfer of $43,000 in salary and wages funding from the City
Manager's Office to CASE’s Office will provide the resources needed to fulfill this mission and
strengthen the City's ability to promote and coordinate community-facing activities.
Enclosed is a memo from the Assistant City Manager/ CFO, which further details and analyzes
this transfer. There will be no impact to the taxpayers from this transfer in the FY2027 budget, as
the finance team has identified the available surplus in the Manager’s Office budget.
Please do not hesitate to let me know if there are any questions.
Sincerely,
Thomas A. Golden, Jr.
City Manager
Cc:

Conor Baldwin, Assistant City Manager/ CFO
Melissa Desroches, EA to the City Manager

Page 80 of 85

Troutman Pepper Locke LLP Draft 9/2/26

THE COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council

LOAN ORDER
(Lowell Senior Center Property Acquisition)

To borrow $3,373,000 to pay costs of acquiring the Lowell Senior Center property located
at 276 Broadway, by purchase, taking by eminent domain, or otherwise, and to pay any and
all costs incidental and related thereto.
-------------IT IS ORDERED BY THE CITY COUNCIL OF THE CITY OF LOWELL BY A TWOTHIRDS VOTE OF ALL OF ITS MEMBERS, as follows:
Ordered: That the City appropriate the amount of Three Million Three Hundred
Seventy Thousand Dollars ($3,373,000) pay costs of acquiring the Lowell Senior Center
property, located at 276 Broadway, including the settlement of all outstanding claims
between the City and the owner of the property, and the payment of all other costs incidental
or related thereto, and that to meet this appropriation the City Treasurer, with the approval
of the City Manager, is authorized to borrow said amount under G.L. c. 44, §7(1) or pursuant
to any other enabling authority, and to issue bonds or notes of the City therefor.
Further Ordered: That the City Manager is authorized to acquire the Lowell
Senior Center property located at 276 Broadway, by purchase, gift, eminent domain, or
otherwise. Such property is more formally described as Assessors Map Book 39391, Page
1, and also Book 17374, Page 0137.
Further Ordered: That the City Manager is authorized to take any action
necessary or convenient to carry out the project; and that the Treasurer is authorized to file
an application with the Municipal Finance Oversight Board to qualify any or all of the
bonds under G.L. c.44A and to provide such information and execute such documents as
such board may require for these purposes.

251418673v1

Page 81 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4400 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Assistant City Manager/ CFO

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Conor Baldwin, Assistant City Manager for Fiscal Affairs / CFO

CC:

Austin Ball, Deputy CFO

DATE:

October 6, 2026

SUBJECT:

276 Broadway Street Loan Order/ Land Acquisition

This memorandum summarizes the estimated debt service associated with the proposed bond
issue to fund acquisition of the Lowell Senior Center property at 276 Broadway, and the capital
repair costs identified for the building.
1. Acquisition Financing – Estimated Debt Service
The finance department preliminary debt service schedule for $3,373,00 in General Obligation
Bonds dated October 1, 2026, structured on a 20-year level amortization through FY2047 at an
estimated 4.0% coupon (True Interest Cost 3.996%). Total principal and interest over the life of
the bonds is estimated at $4,993,552.16 ($3,372,454 principal / $1,621,098.16 interest). The first
full fiscal year of debt service is projected, for the purpose of this estimate, as FY2028, at
$248,852.16; annual debt service thereafter runs approximately $247,000–$252,000 per year
through FY2047. 1
Fiscal Year
FY2028
FY2029
FY2030
FY2031
FY2032
FY2033
FY2034
FY2035
FY2036
FY2037
FY2038
FY2039
FY2040
FY2041
FY2042
FY2043
FY2044
FY2045

Total Debt Service
$248,852.16
$250,600.00
$250,700.00
$250,600.00
$250,300.00
$249,800.00
$249,100.00
$248,200.00
$252,000.00
$250,500.00
$248,800.00
$251,800.00
$249,500.00
$247,000.00
$249,200.00
$251,000.00
$247,500.00
$248,700.00

Note that the debt service figures are estimates only and the true debt service will be based on actual scale at the
time of the sale.

1

Austin Ball
Deputy CFO

Page 82 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4400 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Assistant City Manager/ CFO
Fiscal Year
FY2046
FY2047
Total

Total Debt Service
$249,500.00
$249,900.00
$4,993,552.16

2. Immediate Funding Already Available
$450,000 was authorized as part of the 2024 capital plan loan order. That authorization remains
available and can be applied now toward the immediate-category repairs identified below, ahead
of and independent of the acquisition closing.
3. Building Repair Needs – Gale Associates Existing Conditions Assessment
Gale Associates' existing conditions assessment (Report No. 843050) organizes needed repairs
into three horizons and provides preliminary order-of-magnitude cost estimates, inclusive of a
15% contingency:
Repair Category
Immediate (0–1 yrs.)
Short-Term (1–5 yrs.)
Long-Term (5+ yrs.)
Preliminary Construction Budget with 15% Contingency

Preliminary Cost Estimate
$1,850,000
$5,700,000
$240,000
$7,790,000

Representative scope items by category:
● Immediate (0–1 yrs.): ACT/insulation replacement in the 1877 Building, structural
augmentation of wood trusses, slate roof replacement at Roof Area A, brick masonry
rebuilding, storm drainage cleaning, fire alarm/extinguisher inspection and maintenance,
fire door closer repair, firestopping at penetrations.
● Short-Term (1–5 yrs.): EPDM roof replacement at Roof Area B, masonry repointing and
repair, 100% window sealant and wood window replacement (1877 Building and 2000's
Addition), storm drainage structure repair, mechanical/electrical equipment replacement
at or beyond median life, sprinkler system code updates, and MAAB accessibility
compliance items (entrances, bathrooms, elevator, stair railings, common space/stage,
drinking fountains, accessible route, signage).
● Long-Term (5+ yrs.): Second-floor window handle/gasket replacement, EIFS finish
coating repair and control joint installation, sealant replacement at control joints/window
heads/penetrations, weatherstripping, and water heater replacement.
Gale's estimates explicitly exclude civil/site and accessibility upgrade scope not yet designed,
soft costs (City oversight, escalation, engineering, special permitting, Historical Commission
review), and interior renovations, and are stated as preliminary figures not to be relied upon for
sensitive funding decisions.

Austin Ball
Deputy CFO

Page 83 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4400 • F: 978.970.4007
www.LowellMA.gov
Conor Baldwin
Assistant City Manager/ CFO

4. Funding Gap and Recommendation

Austin Ball
Deputy CFO

The $450,000 currently available covers roughly 24% of the $1,850,000 in Immediate-category
work identified by Gale, leaving an approximate $1.4 million gap in Immediate repairs alone,
plus the full $5,940,000 in Short- and Long-Term needs that are not yet funded. I recommend the
City program the balance of the Immediate repairs and the Short-Term scope in the FY2028
capital plan, informed by updated design and cost estimates once the acquisition closes and the
City can access the building for further assessment. There are additional loan order
authorizations for building improvements, which may be suitable for projects at the facility, but
will be considered after closing.
The remainder of the short-term and medium-term repairs will be incorporated into the city’s 5year capital planning and will also be vetted with the Department of Planning & Development
(DPD)’s Community Development Office for potential funding from other federal sources, such
as CDBG. As more information is available, the Administration will provide further updates to
the City Council.
Please do not hesitate to let me know if there are any questions.

Page 84 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4000 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

October 6, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
Dear Mayor Gitschier and Members of the Lowell City Council:
I am transmitting for your consideration, an order authorizing the City to borrow $3,373,000
under G.L. c. 44, §7(1) to acquire the Lowell Senior Center parcel located at 276 Broadway,
including the settlement of all outstanding claims between the City and the owner of the
property, and to pay all costs incidental and related thereto.
Background
In 2001, the city conveyed the former City Stables/Department of Public Works parcel at 276
Broadway to City Barns Trust, under an agreement by which the Trust would rehabilitate the
building and lease it back to the City for use as the Senior Center. The purchase and sale
agreement called for a 20-year lease at approximately $250,000 per year, with the Trust to gift
the premises to the City at the end of the term; that reversion commitment, however, was not
carried into the recorded deed. The lease reached the end of its 20-year term in the early 2020s
and was not renewed. The city has continued to occupy and operate the Senior Center since then
without a valid lease in place, and – because the City Auditor cannot authorize rental payments
absent a valid lease – has not made rent payments during that period, leaving common-area
charges outstanding.
In February 2026, the Council considered a proposed new lease that would have amortized this
obligation over a new term; that proposal failed on a tie vote. Since that time, Nicholas Sarris, as
Trustee, has proposed an alternative path: rather than a new lease, a full buyout under which the
City would acquire the entire 276 Broadway site outright – not merely the Senior Center unit –
settling all outstanding claims and resolving, in a single transaction, the ownership questions left
open since 2001.
The Owner’s Offer
As conveyed by counsel for the owner, the proposed settlement is structured as follows:
●
●
●
●
●

Walgreens building: 12,283 SF at $125/SF = $1,535,375
Blacksmith building: 6,789 SF at $125/SF = $848,625
Parking lot: $368,600
Reimbursement of construction costs: $187,154
Reimbursement of common charges: $432,700

Total: $3,372,454 (rounded to $3,373,000)

Page 85 of 85

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4000 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

In exchange, the owner would legally transfer the Senior Center unit itself to the city at no
additional cost. Notably, the owner has also agreed to waive any claim to the rent that has gone
unpaid since the lease’s expiration, conditioned only on the City bringing the common-area
charges identified above current. Counsel for the owner has further represented that the
replacement cost of a comparably finished Senior Center could exceed $250 per square foot – a
hypothetical replacement value of approximately $5.5 million – well above the total cost of this
settlement.
Recommendation
The Administration recommends the City Council approve this loan order as the best path
forward. Rather than continuing to litigate or renegotiate a lease that would only reprise the same
ownership ambiguity left unresolved since 2001, this settlement gives the City clear,
unencumbered title to the entire 276 Broadway site – the Senior Center building, the Walgreens
and Blacksmith buildings, and the parking lot – ending more than two decades of uncertainty in a
single transaction. Full ownership eliminates the City's exposure to future rent, lease-renewal,
and common-charge disputes with a private landlord; forecloses the risk, expense, and delay of a
court fight over the enforceability of the original 20-year reversion promise – a case the City
might ultimately win, but only after a protracted and disruptive process; and gives the City
complete control over the Senior Center building's future, including the timing and financing of
the capital repairs summarized in the accompanying memorandum from the Assistant City
Manager/ CFO, Mr. Baldwin. It secures this outcome, together with forgiveness of several years
of unpaid rent, at a known and bounded cost well below the building's estimated replacement
value.
I respectfully request the Council’s refer this loan order to a public hearing on or about October
20th at 7PM, whereby after the hearing, the City Council can consider the vote and act upon the
required two-thirds majority needed to pass, as soon as practicable thereafter.
Respectfully submitted,

Thomas A. Golden, Jr.
City Manager
Cc:

Conor Baldwin, Assistant City Manager/ CFO
Corey Williams, City Solicitor

Provenance

Where this record came from. Every source is listed, permanently.

  • Agenda Watch · Oct 2, 2026
  • DeFlock research desk · Oct 4, 2026

Permanent ID DKT-2026-003472 — this record is never deleted.

Record history

Every change to this record, logged as it happened.

  • Oct 2, 2026 Filed on the Docket
  • Oct 2, 2026 Full document archived — public record
  • Oct 4, 2026 Corroborated by another source DeFlock research desk
  • Oct 4, 2026 Record updated

← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.