Finally, a meeting worth recapping! Reports of my death have been greatly exaggerated. Government was happening. Let’s take a look.

1. The Loophole-y Companies

Kindly allow me to cut and paste from my last recap of what is (or, more accurately, what is not) happening in the HCD:

In the fall of 2020 (many months after COVID hit) the city worked out a deal with the Lupoli Companies for the development of various parcels in the HCD. A key component of the deal was that Lupoli would get a prime parcel for a parking garage that would suck money out of our own parking garage located a few hundred feet away. That garage is now complete and open. Next, Lupoli was to move on to developing either Parcel 5, or a “signature” high-rise on parcels 2, 3 and 4. That work was was to have started in 2023 and construction was to have been substantially completed by 2026. So far, Lupoli hasn’t done what they promised. Another way of looking at it is that Lupoli is in default of a contract.

On April 4, the Economic Development/Downtown Subcommittee convened for a presentation at which Mr. Lupoli cited COVID and a deed issue as the cause of his non-compliance. In addition, he attempted to sell Lowell a monorail vision of a new scaled-down development that is at odds with the plans adopted by the city many years ago. Further, his vision would require that more taxpayer money be added to his profit margin.

So far, I’ve yet to encounter a soul that is enthused with Mr. Lupoli’s vision. Thus, the table was set for last night’s meeting and the following motion:

C. Gitschier/C. Robinson – Req. City Mgr. Start The Process Of Notifying Lupoli Companies, LLC Of Our Intent To Terminate The Current Agreement Per Section 23 Of The Land Disposition Contract For Failure To Meet Section 11 (Project Schedule) And Section 10 (Description Of Improvements).

Three public speakers spoke in favor of the motion (or, at a minimum, with skepticism of Lupoli’s sales-pitch). Councilor Gitschier explained the motion as one that sought to “start a process” of invoking the city’s rights under the contract (P.S. it’s needlessly hard to find the thing – I found it in a ZBA agenda back from 2021) Specifically, Section 23:

Soon after he began speaking, Councilor Gitschier was interrupted by the Mayor and City Solicitor who advised that this conversation should take place in the privacy of executive session as the city’s bargaining position could be compromised. Soon thereafter, Councilor Gitschier noted the irony of the Solicitor’s advice. Indeed, if you go back and watch that April 4 meeting, the Solicitor’s office had no issue in riffing freely about the “remedies” provision in the contract. Further, the Assistant City Solicitor on hand at that meeting was clearly a Lupoli apologist. Thus, one could argue that the city’s bargaining position has already been compromised.

A debate followed concerning whether the conversation should continue or whether the matter should be sent to executive session. Councilor Jenness provided a well-reasoned justification for his desire to speak in executive session. In sum, there are too many unanswered questions to ask that he vote on a motion that would invoke specific contract provisions. In addition, any public comments or actions could be used by Lupoli in hypothetical future legal action.

As to that future legal action, I kept going back to that April 4 meeting and Mr. Lupoli’s laundry list of excuses as to why he is able to move forward on projects in Haverhill, Boston, and Hampton but not Lowell. He repeatedly alluded to Covid. As battle lines are being drawn, perhaps there’s a reason to play the Covid card:

I don’t know how any of this will play out and it’s looking like most of us won’t for a long time. These conversations will be happening behind closed doors. As someone who brokers in litigation for a living, I can understand why you wouldn’t want to have these conversations out in the open. However, as a citizen, I can’t help but notice that every time people emerge from behind a closed door on HCD issues, the news isn’t good for the taxpayer.

2. Consent Decree Remains Undefeated

C. Scott/M. Rourke – Req. City Council, Through The Mayor, Bring Forward A Motion Requesting The School Committee To Begin The Process Of Vacating The Consent Decree To Accommodate Changing Of The School Zones.

I’m not sure that a more careful wording of this motion would have saved it, but the language in this motion was sure to have people reaching for pitchforks.

Back in 1989, the city agreed to be bound by a Judgment (“Consent Decree”) that essentially eliminated neighborhood school zones. The LPS Family Resource Center has a nice little library of the documents at issue. If you read through them, as I recently did, you may be struck by how much has changed in the City since 1989. As such, I’m not opposed to a conversation/process/sub-committee/whatever that would allow us to see how the realties of 2024 line up with a decree entered into in 1989. Are our outcomes better under the decree? What, if anything, could be changed in an effort to do better?

Unfortunately, the Motion went right for the jugular with the word “vacating.” From time to time, this idea pops up, only to be swatted away. Last night was no exception, speaker after speaker took the podium to voice opposition to any action that would result in vacating the consent decree.

After the public had its say, the makers of the motion attempted to clarify the intent behind the motion. In essence, they were looking to start a process and conversation on the matter. As a compromise, a substitute motion was put forward by Councilor Descoteaux to create an ad-hoc subcommittee comprised of members of the School Committee and City Council to examine the issue. After a brief period of procedural chaos (I think I caught a “Jesus Christ” muttered on hot mic), the Motion failed by a vote of 7-4 (Rourke, Scott, Descoteaux and Chau in favor).

3. The Rest

I would have killed to have any one of these issues to write about over the last few months, but alas, they were all crammed into one meeting:

New parking rates for 2024 were passed. Of note, there were some sage comments from a registered speaker who noted that residents of the downtown were being asked to pay for the sins of the city in allowing the Lupoli garage in the HCD to kneecap the city-owned garage a few feet away. Well said.

There was an informational report on upgrades to the Goose Island Water Treatment Plant. Why “Goose” Island you ask? Because when my son was three, he used to call it that and 12 years later I never stopped. Anyway, the Clean Water State Revolving Fund (CWSRF) loan program is a joint federal-state financing program that provides subsidized loans to improve and protect water quality and public health in the Commonwealth. The project was awarded $28.1 million dollars by the CWSRF.

As per the report, “This project is crucial to ensure the Utility continues to meet environmental regulations. It focuses on several key areas including the grit & scum removal system, aeration mixers & diffusers, chemical pumping systems, dewatering processing, and electrical upgrades.

P.S. There was also an Informational Report on the upcoming “The Town and The City Festival” (What town are we referring to? It’s not Dracut, is it? If so I hope the festival has a jug band or dueling banjos) happening this weekend April 26 and 27. I note that one of the bands is named Goose Duck Island which is just an outstanding name for a band. Sounds like it would have to be a punk band, right? I’ll have to try to find out for myself.

CFO Baldwin gave a brief update on the upcoming budget, there will be more in the coming months, but here’s a sneak peak from the informational report on our challenges:

Finally, we had our first stab at our yearly exercise in dealing with “bad bills” that come from the School Department. Last year, it took three meetings to deal with (I believe) six bills. Councilors were looking for answers and explanations as to the stories behind the unpaid bills. This year, there were 17 such bills but inexplicably, there was nobody present from the School Department to get raked over the coals. Accordingly, the matter was continued to a later meeting.

I’m out of shape. That was exhausting.