WAIT, WHAT?? To be 100% honest after watching the City Council Meeting and reading some of the Mayor’s post on Facebook, I was wondering why is the administration fighting the fact we seem to own the Senior Center?
I didn’t understand why the Manager would subject himself to the sometimes over the top arguments and shots at him without he or the City Solicitor responding with more force or clearer information.
It wasn’t until after work Thursday, when I watched (and did screen grabs of) InsideLowell’s Daily Pulse podcast with Real Estate Attorney, Christa Emerson, that made me think maybe the Manager is correct in his actions. (screen grabs published at end of article)
So I spent Friday afternoon into Friday night following the convoluted listed businesses on the purchase and sale agreement, lease and quick deed, and sharing that information with a Real Estate Lawyer who now lives outside Massachusetts, but spent a good deal of time here in the Greater Lowell area.
This attorney wants no part of the Facebook “sewage,” so I’ve agreed to keep their name out.
Recorded Facts:
- The City filed a Purchase and Sale with the Registry of Deeds on May 9, 2001, with the intention of selling the property at 276 Broadway St to Lowell Restoration Inc the documents states in part “at the end of the lease period Lowell Restoration Inc. shall gift and donate the leased premises to the City of Lowell”
- The City and City Barns Trust entered into a Quick Deed on October 5th, 2001.
- The City entered into a Lease with City Barns LLC also on October 5th
- Exhibit A was faxed to the Registry on October 19th 2001 that references a “Plan of Land in Lowell MA” dated July 31st 2001 and revised October 2nd, 2001
- Exhibit B which appears to be attached to the Lease shows the payment schedule has a “footnote that simple states: At the end of the twenty (20) year period the property will be gifted back to the city.
- City Barns Trust list Mr. Sarris and Mr. Behrakis are listed as trustees but it indicates that there are other beneficiaries.
- Lowell Restoration Inc. was given an Historic Permit in 06/12/01 to do the Construction work at 276 Broadway and there is a note that clearly says Title N/A
- City Barns LLC is located in Lowell, Massachusetts, and was founded in 2001 per the Sec. of States Office but has ZERO records of Property with the Northern Middlesex Registry of Deeds and listed Nick Sarris as the person(s) authorized to execute, acknowledge, deliver, and record any recordable instrument purporting to affect an interest in real property:
- In 2002 and 2003 Sec of State filing, it reads: The general character of business, and if the limited liability company is organized to render professional service, the service to be rendered: PURCHASE AND REHAB BUILDING
- In their 2004 and 2005 filing with the Sec of States office it states: The general character of business, and if the limited liability company is organized to render professional service, the service to be rendered: TO ACQUIRE AND REHAB REAL ESTATE KNOWN AS CITY BARNS IN LOWELL, MA and list as one of their Managers – LOWELL RESTORATION, INC.
There is no record at the Registry of Deeds that states City Barns LLC or LOWELL RESTORATION, INC. ever achieved their goal of owning the property at 276 Market St., the deed is with City Barns Trust. (highlighted documents attached at end of article)
Based on all that I’ve researched, read and heard from lawyers, I believe they are correct with their opinion that the City will lose a court case.
The Purchase and Sale was with Lowell Restoration who said they would gift it back, problem is they NEVER owned the property.
City Barns Trust owns the property and nothing in the deed mentions gifting it back.
The lease is with City Barns LLC, which also NEVER owned the property.
It also doesn’t legally matter that one person or two people are part or trustees in these businesses. They are three separate legal entities.
But as George Anthes used to say, get five lawyers in a room you’ll get five answers.
Manager takes the High Road – Since Tom Golden has become Manager, I’ve never heard him speak negatively about Eileen Donoghue, Kevin Murphy, Bernie Lynch or John Cox, the City Managers who came before him.
In the case of the Senior center, the errors that were made were from 2001, but you will never hear the current Manager or his staff (Solicitor included) bash a previous administration.
There is a problem. No use bitching about it. Find and implement the solution and try to continue moving Lowell forward. He takes the high road.
The cheap shots at him and the Solicitor were, and are, uncalled for.
I give Councilor Sean McDonough props for being the first Councilor I’ve seen get the Manager pissed off to the point he responded without being asked a question.
Manager Golden usually stays calm, but accusing him of being the guy who manipulated this fiasco and the lease was the straw that broke Manager Golden’s back!
How do we spend more money? The State Budget is going to be tight, the Feds aren’t giving Massachusetts a lot of money, and the winter that never ends has busted the snow and ice account.
Yet two city councilors (probably six total) want to spend more city money to fight against the Manager/Solicitor.
Many of the same people who kicked the crap out of Ed Kennedy for suing the Tech or reversing the High School vote now want the City Manager to provide the City Council with a detailed report on a pathway to secure independent legal counsel of our choosing to review and advise concerns the Council may have.
I’m not an 18+ year Councilor, but even I know that all that is needed going forward is to “Request the Manager add $50,000 for outside legal service under the mayor’s office” in the next budget.
In Massachusetts, a city council can hire their own lawyer to represent them in legal matters, including suing the city manager. This is a common practice among city councils to ensure they have legal representation and guidance in their decision-making processes.
The city attorney’s role is to protect the interests of the municipality, and the city council can appoint a city attorney or hire a private attorney to handle legal matters on their behalf.
If they want the money now to waste getting another opinion, simply request the Manager to transfer $25,000 out of City Council salaries and wages to the Mayor’s Office and combine that with $30,000 Personal Services in the Mayor’s Office, to hire a lawyer.
How Many Fights can you handle: Besides trying to get the City Council to accept the Senior Center situation, the Administration again wants to fire a shot at the School Department or School Committee with this motion under the Manager’s portion of the Agenda this week:
Special Legislation that in part states: the City of Lowell may consolidate administrative functions, including but not limited to financial, personnel, and maintenance functions, of the school committee with those of the city; such consolidation may occur only upon a majority vote of the city council.
Things I think that most others probably wouldn’t: Maybe because Councilor McDonough can’t vote on anything school or high school related, the Manager thought the above motion would ease some conflict for him, or maybe the speculation that Mr. McDonough is leaving the school system effective Sunday is because of this motion? I hope neither is true and whether you like Mr. / Councilor McDonough or not, I’ve seen him with his students at LHS and they seem to love him. I hope he stays until the end of the school year for the sake of the kids (not to mention his family). My wife would be upset if my part-time job is driving me to quit my full-time job…..If the rumors are true that Rodney Elliott is not running for re-election, I could see Councilor Rourke running, serving a couple terms, then returning to Lowell to succeed Tom Golden as the next City Manager …..Based on his strong support for Rodney, if I’m Councilor Rourke I’d be wary of getting Councilor Robinson’s endorsement. It seems equal to getting the Panos endorsement (meaning you’re done, toast, history. Just ask those who received the infamous Panos bump)….When (not if) Representative Vanna Howard wins Tuesday, I would expect former City Councilor John Drinkwater to announce he will run for her former State Rep. seat…Let’s investigate the former City Manager / City Solicitor from 2001 about the Senior Center or at least bad mouth and berate them on the Council floor. That would be DUMB! First of all, how could you prove intent 25 years later, not to mention any statute of limitations that have expired. And, oh yeah, they were performing their duties as City of Lowell employees and would be indemnified, meaning the City would need to cover their legal costs…Nice to see the city hiring a couple “senior citizens” to perform during Winterfest at times they could stay awake for. Paul Belly at Noon and John Descoteaux at 7:00 pm. Neither will read this before noon today. They’ll be too tired. Nice job guys!
7 responses to “Nutter’s Sunday Notes (March 1, 2026)”
When you have a ‘group’ of councilors that just want to make the administration look bad, this is what happens. No of them wants to solve a problem. Just make the manager look bad. And it’s all lead by the Mayor. Everything that people that thought would be bad about this Mayor is more than becoming true. Divisive, angry, bullying. Good job Lowell City Council. All the good work the last half decade going down the drain in a matter of weeks.
Why can’t the city just abandoned the property and move into another city owned property – besides the Veteran’s office and Seniors Center what other city agencies are located over there? Is there any chance that the city can terror over via eminent done for the good of the city or outright buy the building noting it will need significant repairs. Councilor McDonough is new to the city as he comes from Methuen I believe. We need to get away from the fact that we need to hire another Lowellian for the fit manager post – how about if posting the job and see who applies for the position.
Everything that people thought would be good about the mayor was on display in that City Council meeting. Follows the money, reads the docs, stands his ground.
Fire the inept, smooth talking huckster Tom NOT-SO-Golden! The constant tax increases, the failure to hold the Lowell High team accountable, the disastrous handling of roads this winter, to the senior center … GIVE ME A BREAK! With Tommy Boy it is one big problem after another and the list goes on and on. No more career politicians. PROFESSIONAL MANAGER NOW!
Let’s look down the road a piece – forgive me, but 15-20 years from now a senior center of this nature may not be needed. Seniors today use this center, it’s popular and provides services and entertainment. As someone who’s firmly “on the back-nine” of life but rapidly headed to senior citizen status I don’t see that kind of need for my peers in the future. I believe a short-term five year renewable lease may be appropriate here. In the meantime create a Senior Task Force to scout out other convenient locations that may suit our future needs.
I feel this way because circumstances of different generations change. At one time in Lowell there was a “joint” on every corner, fraternal clubs from different nationalities as well as veterans clubs. These organizations have fallen by the wayside, life is busier, people are more mobile etc.
I’m not suggesting we should in any way abandon the seniors however I am suggesting we should abandon the building over a short period of time. The owners have gotten used to having their way and it’s high time we take care of ourselves first. If a center is open downtown we can take some of the plywood from down there and board up the barn.
NFW to designating the manager’s cousin as the next manager in 4 years. Enough with the pension padding. Lowell needs professional city management. Other than that, pretty good column!
Professional managers come and go. Tipper isn’t the first to take job. No neeed to make him a villain. I have known him my whole life he is not a crook or a thief. He actually cares about the city and it’s future.