City of Lawrence, Massachusetts Inauguration Ceremony Ciudad De

CITY OF LAWRENCE, MASSACHUSETTS INAUGURATION CEREMONY

CIUDAD DE LAWRENCE, MASSACHUSETTS CEREMONIA DE INAUGURACION

So, let us not be blind to our differences, but let us also direct attention to our common interests and the means by which those differences can be resolved. And if we cannot end now our differences, at least we can help make the world safe for diversity. For, in the final analysis, our most basic common link is that we all inhabit this small planet. We all breathe the same air. We all cherish our children’s future. And we are all mortal. President John F. Kennedy, June 10, 1963.

Por lo tanto, no seamos ciegos a nuestras diferencias, sino que también prestemos atención a nuestros intereses comunes y los medios por los cuales esas diferencias pueden resolverse. Y si no podemos terminar ahora nuestras diferencias, al menos podemos ayudar a que el mundo sea seguro para la diversidad. Porque, en el análisis final, nuestro vínculo común más básico es que todos habitamos este pequeño planeta. Todos respiramos el mismo aire. Todos valoramos el futuro de nuestros hijos. Y todos somos mortales. Presidente John F.Kennedy, 10 de Junio del 1963.

Thursday, January 2, 2020/Jueves, 2 de Enero del 2020

Procession/Procesión

Honor Guard/Guardia de Honor

Mayor/Alcalde Daniel Rivera

Lawrence City Council/ Consejo de Ciudad de Lawrence

Lawrence School Committee/Comité Escolar de Lawrence

Greater Lawrence Technical School Committee Comité Escolar de Escuela Técnica de Lawrence

Program/Programa

Welcoming Remarks …………………………………………………City Clerk William J. Maloney

Invocation…………………….……………………….……………...Pastor Mercedes Martinez Arias Iglesia Ministerio Evangelistico

“National Anthem”...... ……..………………………………………Emily Santos, Captain, JROTC

Prayer for Public Safety ..………………………………..……….…Rev. Christopher J. Casey, V.F. Our Lady of Good Counsel

Oath of Office………………………………………………………..Administered by City Clerk

Address to the City of Lawrence and Elected Officials…………… Mayor Daniel Rivera

Closing Prayer…………………………….……………..………… Pastor Mercedes Martinez Arias Iglesia Ministerio Evangelistico

Thursday, January 2, 2020/Jueves, 2 de Enero del 2020

INAUGURATION/INAUGURACION

LAWRENCE CITY COUNCIL/ CONSEJO DE LAWRENCE

David C. Abdoo Maria D. De La Cruz Marc L. Laplante Ana I. Levy Pavel M. Payano Celina A. Reyes Estela A. Reyes Jeovanny Rodriguez Kendrys R. Vasquez

LAWRENCE SCHOOL COMMITTEE/ COMITÉ ESCOLAR DE LAWRENCE

Joshua Alba Jonathan Guzman Kassandra Infante Patricia M. Mariano Enrique Matos Rafaela Pichardo

GREATER LAWRENCE TECHNICAL SCHOOL COMMITTEE COMITÉ ESCOLAR DE ESCUELA TECNICA DE LAWRENCE (Lawrence Members/Miembros de Lawrence)

Zoila Disla Stephany Infante Leo J. Lamontagne .

Thursday, January 2, 2020/Jueves, 2 de Enero del 2020

MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Thursday, January 2, 2020

The INAGURUAL MEETING of the City Council was held on Thursday, January 2,

2020 at 7: 00 p.m.

Approximately One Hundred [100] persons were present.

The National Anthem was sung and the Inauguarl Proceedings were called to order by

City Clerk William J. Maloney.

I. OATH OF OFFICE ADMINISTERED: LAWRENCE CITY COUNCIL, LAWRENCE SCHOOL COMMITTEE, GREATER LAWRENCE TECHNICAL HIGH SCHOOL COMMITTEE

City Clerk William J. Maloney announced that the duly Elected Members of the Lawrence City Council and administered the Oath of Office to the following elected members:

Lawrence City Council Members:

Ana Levy [Councilor at Large]; Pavel Payano [Councilor at Large]; Celina A. Reyes [Councilor at Large] Maria Delacruz [District A]; Estela A. Reyes [District B]; Kendrys R. Vasquez [District C]; Jeovanny Rodriguez [District D] David C. Abdoo [District E]; Marc L. Laplante [District F];

City Clerk William J. Maloney announced that the duly Elected Members of the Lawrence School

Committee and administered the Oath of Office to the following elected members:

Lawrence School Committee Members:

Kassandra Infante [District A]; Enrique Matos [District B]; Rafaela Pichardo [District C]; Joshua Alba [District D]; Patricia M. Mariano [District E]; Jonathan Guzman [District F];

[Thursday, January 2, 2020][Inaugural Meeting]

City Clerk William J. Maloney announced that the duly Elected Members of the Greater Lawrence

Technical High School Committee Members and administered the Oath of Office to the following elected members:

Greater Lawrence School Committee Members [Lawrence Members]:

Leo J. Lamontagne; Stephany Infante.; Ziola Disla*;

[*Member Elect Disla was not present and was administered the Oath of Office separately by City Clerk Maloney on January 10, 2020].

All elected officials elected on November 5, 2019 and the Oath of Office being administered in accord with the lawful provisions of the Lawrence City Charter which provides for the term of office of all members elect to a term of two years beginning at seven o'clock in the evening on the first secular day in January of each even numbered year following their election which shall continue until their successors have been chosen and qualified [See, Sec. 3.1(c) and Sec. 5.1(c) of the Lawrence City Charter [2019 ed.].

Upon the conclusion of the Administration of the Oath of Office the ceremonial proceedings of the

Inauguration were concluded [see program above] City Clerk Maloney announced that the Members of the Lawrence

School Committee would be conducting its “Organizational Meeting” pursuant to Section 5.2 of the Lawrence

City Charter which provides in part as follows:

5.2 Organization. Officers.

The school committee shall meet at seven o'clock in the evening on the first secular day in January in each even numbered year. After a majority of the school committee members elect have been sworn they shall be called to order by the mayor, or in his absence by the member present senior in service, who shall preside. The school committee shall then elect, from its membership, by roll call vote, a vice-chairman of the committee. Four votes shall be necessary for election. No other business shall be in order until the school committee has thus been organized.

[The Organizational Meeting proceedings were announced as a public session and to be held at the Library facilities in the South Lawrence East School [where the Inaugural event was held].

[Thursday, January 2, 2020][Inaugural Meeting]

City Clerk Maloney then called to order the “Organizational Meeting” of the Members of the Lawrence

City Council pursuant to Section 3.2 of the Lawrence City Charter which requires the election of the President and Vice President of the City Council by its Members and provides as follows:

3.2 Organization. Officers.

The city council shall meet a seven o'clock in the evening on the first secular day in January of each even numbered year. After a majority of the councillors elect have been sworn they shall be called to order by the city clerk, or in the absence of the city clerk by the member present senior in years of service, who shall preside. The city council shall then elect, from its membership, by separate roll call votes, a president and a vice-president. Five votes shall be necessary for election. No other business shall be in order until the city council has thus been organized.

City Clerk Maloney designated the seats of each of the Lawrence City Council Members by random selection whereby each Council Member selected a “playing card” from a deck containing nine (9) cards and assigning each of the Council Members a seat from 1 to 9 to left of the City Clerk and seated as follows:

Seat #1 - Councilor Jeovanny Rodriguez Seat #2 - Councilor Pavel Payano Seat #3 - Councilor Ana Levy Seat #4 - Councilor David Abdoo Seat #5 - Councilor Celina Reyes Seat #6 - Councilor Maria De La Cruz Seat #7 - Councilor Estella Reyes Seat #8 - Councilor Kendrys Vasquez Seat # 9 - Councilor Marc Laplante

City Clerk Maloney opened the proceedings for the election of the City Council President.

****************************************************************************************** DOCUMENT # 1-2020: ELECTION OF LAWRENCE CITY COUNCIL PRESIDENT ****************************************************************************************** City Clerk Maloney introduced the item and explained the process of electing the City Council President and Vice President to the Council Members present. The City Clerk then opened Nominations for City Council

President and called upon the Council Members to present their nominations.

Nomination #1:

Upon being recognized, City Councilor Estela Reyes nominated Kendrys Vasquez as President of the

Lawrence City Council. The nomination of Councilor Vasquez was seconded by Councilor Jeovanny

[Thursday, January 2, 2020][Inaugural Meeting]

Rodriguez.

Upon inquiry by City Clerk Maloney, Councilor Kendrys Vasquez confirmed that he accepts the nomination as City Council President.

Upon no other nominations or motions presented, City Clerk Maloney closed nominations for City

Council President and called upon the Council Members conducted a roll call of the Council Members recording their vote upon the nomination of Kendrys Vasquez for City Council President as follows:

Vote # 1 date:1-2-20 RIGHT ▼ Voting for: Counc. Marc Laplante [ML] Councilor Vasquez Counc. Kendrys Vasquez [KV] Councilor Vasquez Counc. Estela Reyes [ER] Councilor Vasquez Counc. Maria De La Cruz [MD] Councilor Vasquez Counc. Celina Reyes [CR] Councilor Vasquez Counc. David Abdoo [DA] Councilor Vasquez Counc. Ana Levy [AL] Councilor Vasquez Counc. Pavel Payano [PP] Councilor Vasquez Counc. Jeovanny Rodriguez [JR] Councilor Vasquez XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX

Upon the conclusion of the roll call vote, City Clerk William J. Maloney announced nine [9] votes recorded for Councilor Kendrys Vasquez and no votes for any other Council Member and declared Kendrys

Vasquez as the duly Elected President of the Lawrence City Council by vote of the City Council Members as called and recorded above.

City Clerk William J. Maloney relinquished the gavel and Chair to City Council President Kendrys

Vasquez who was seated immediately to the right of the City Clerk resulting in the following seating order to the right of the City Clerk:

[Thursday, January 2, 2020][Inaugural Meeting]

Chair – Council President Kendrys Vasquez

City Council President Vasquez introduced the next item of City Council business calling for the election of the Lawrence City Council Vice President [Document 2/2020].

****************************************************************************************** DOCUMENT # 2-2020: ELECTION OF LAWRENCE CITY COUNCIL VICE PRESIDENT ****************************************************************************************** Nomination #1:

Upon being recognized, Councilor Abdoo nominated Marc Laplante as Vice President of the Lawrence

City Council. The nomination of Councilor Laplante was seconded by Councilor Estela Reyes.

Upon inquiry by Council President Vasquez, Councilor Laplante confirmed that he accepts the nomination as City Council Vice President.

****************************************************************************************** Nomination #2:

Council President opened the floor for further nominations of City Council Vice President.

Upon being recognized, Councilor De La Cruz nominated Councilor Estela Reyes as Vice President of the Lawrence City Council. Council President Vasquez called for a second to the motion and declared the motion to fail for a lack of a second being presented upon call.

****************************************************************************************** Nomination #3:

Council President opened the floor for further nominations of City Council Vice President.

Upon being recognized, Councilor Payano nominated Jeovanny Rodriguez as Vice President of the

Lawrence City Council. Councilor Levy seconded the motion upon call for a second to the motion by Council

President Vasquez.

Upon inquiry by Council President Vasquez, Councilor Rodriguez confirmed that he accepts the nomination as City Council Vice President.

****************************************************************************************** Nomination #4:

[Thursday, January 2, 2020][Inaugural Meeting]

Council President opened the floor for further nominations of City Council Vice President.

Upon being recognized, Councilor De La Cruz nominated Councilor Abdoo as Vice President of the

Lawrence City Council. Council President Vasquez called for a second to the motion and declared the motion to fail for a lack of a second being presented upon call.

****************************************************************************************** Close of Nomination for City Council Vice President and roll call vote:

Council President opened the floor for further nominations of City Council Vice President.

Upon no further nominations for City Council Vice President presented by any Council Members present, Council President Vasquez closed nominations for City Council Vice President and called upon the

Council Members to announce their vote upon a call of the roll of the Council Members as follows:

Vote # 1 date:1-2-20 RIGHT ▼ Voting for: Counc. Marc Laplante [ML] Councilor Laplante Counc. Estela Reyes [ER] Councilor Laplante Counc. Maria De La Cruz [MD] Councilor Laplante Counc. Celina Reyes [CR] Councilor Laplante Counc. David Abdoo [DA] Councilor Laplante Counc. Ana Levy [AL] Councilor Rodriguez Counc. Pavel Payano [PP] Councilor Rodriguez Counc Jeovanny Rodriguez [JR] Councilor Rodriguez Counc. Pres. Kendrys Vasquez [KV] Councilor Laplante XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXX

Upon the conclusion of the roll call vote, Council President Vasquez announced that six [6] votes are recorded for Councilor Marc Laplante and three [3] votes are recorded for Councilor Jeovanny Rodriguez resulting in Councilor Laplante being duly elected as Vice President of the Lawrence City Council.

[Thursday, January 2, 2020][Inaugural Meeting]

ADJOURNMENT:

Upon conclusion of proceedings, Council President Vasquez called for a Motion to Adjourn.

Upon being recognized, Councilor Estela Reyes presented a motion to Adjourn which was duly seconded by Councilor De La Cruz, and unanimously approved by the Council Members present [9-0].

ADJOURNED (8:12 p.m.)

Attest:

William J. Maloney City Clerk

Date Approved: Tuesday, February 4, 2020

MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday January 7, 2020

A REGULAR MEETING of the City Council was held on Tuesday, January 7, 2020 at 7: 15 p.m. in the City

Council Chamber, 200 Common Street, Lawrence, MA.

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B Councilor] – Present; Councilor Anna Levy [Councilor at Large] - Present; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E Councilor] – Present; Councilor Pavel Payano [Councilor At Large] –– Absent at roll call; Councilor Maria De La Cruz [Councilor District A] Present; Councilor Jeovanny Rodriguez [District D Councilor] – Present; Council Vice President Marc Laplante [District F Councilor] – Present; Council President Kendrys Vasquez [District C Councilor] – Present;

Councilor Payano arrived at 7:23 p.m.

Other attendance matters:

Approximately Twenty [20] persons were present.

A Moment of Silence was held.

The Pledge of Allegiance was recited.

I. APPROVAL OF MINUTES:

Council President Vasquez informed the Council Members present that the minutes of City Council

Meetings conducted December 3, 2019 were submitted by the City Clerk for consideration and approval of the

City Council Members. Upon the motion of Councilor Abdoo to approve the minutes as presented duly seconded by Council Vice President Laplante, the Council Members present voted unanimously [8-0] to approve the minutes. [Councilor Payano being absent from the Council Meeting at the time the vote was called and recorded].

[Tuesday, January 7, 2020]

II._PUBLIC PARTICIPATION:

Council President Vasquez requested those who wished to provide public input and participation to present themselves and address the City Council. Upon the invitation of Council President Vasquez, the following individuals addressed the City Council:

Homayoun Maali, 53 Chester Street, Lawrence, MA stated that Mayor Rivera must support the

Lawrence Police Department by finalizing contract negotiations with the Patrolman’s Union. He praised the members of the Lawrence Police Department, Lawrence Chief of Police Roy Vasque, Lawrence Firefightes, the workers in the Public Works Department, Superintendent of Public Schools Cynthia Paris, Lawrence Public

School Teachers and its Union for their work provide to the City of Lawrence . He criticized Massachusetts

Attorney General Maura Healy for failing to take legal action against Columbia Gas for causing the gas explosions on September 13, 2108. He stated the Election Department should not have allowed a candidate for election to office be nominated to run for office because of being an inactive voter. He stated Lawrence School curriculum should include teachings of the poet Robert and concluded his comments announcing “God bless the

USA” and “We pray for peace”.

Lenin Roa, 36 Columbus Ave., Lawrence, MA retired Navy Veteran and formerly homeless thanked Councilor

Celina Reyes for her assistance finding a home.

Richard Russell, 34 Cross Street, Lawrence, MA read a “Facebook” [a commercial social media outlet] posting regarding his recent tour of the City of Lawrence as part of the Lawrence Police Citizens Police

Academy Program offered by the Lawrence Police recounting the extensive and routine detail required of

Police Offices even to issue parking citations. He thanked the Lawrence Police for the opportunity to take the

“ride along” tour commenting that it was very informative and enlightening.

[Approximately 7:23 p.m. – Councilor Payano arrived to the City Council Meeting]

[Tuesday, January 7, 2020]

Michelle Paletta, 198 Essex Street, Apt. #101 Lawrence, MA informed the Council Members that there is a lack of handicapped parking available at the elderly housing at the Brunswick House at 198 Essex Street making it difficult for challenged residents to access their apartments.

III. PUBLIC HEARINGS: None

IV. TABLED MATTERS:

Doc. 133/14: Military/Veteran Recognition-Counc. Laplante – Tabled

Upon being recognized, Council Vice President Laplante presented a motion to remove the above document from the tabled items. The motion was seconded by Councilor Estella Reyes and unanimously approved by the Council Members present [9-0].

At the request of Council President Vasquez, Council Vice President Laplante introduced Detective Eric

Blanco informing the Council Members that he had just returned from military assignment in Afghanistan and now serving as a Lawrence Police Detective. Council Vice President Laplante further informed the Council

Members about Detective Blanco’s military achievements and graduation from Lawrence High School.

Councilor Laplante also recognized Detective Blanco’s Fiancée, Sister and Father who were present to support his recognition this evening. Council Vice President Laplante concluded by publicly recognizing and honoring

Detective Blanco for his military service and continued service to the Lawrence Community presenting him with his personal City Council pin.

Upon conclusion of the presentation Councilor Abdoo presented a motion to re-table the item which was seconded by Councilor Celina Reyes and unanimously [9-0] approved Council Member present.

Doc. 133/14: Tabled

Doc. 121/18: Recycling Program Ordinance-Counc. Payano-Ord. Cmt.-Pub. Hrg.[T] [12-26-19][motion to approve pending][pub. hrg continued an closed] - Tabled

Council President Vasquez announced that the above measure remains pending informing the Council

Members present that the public hearing had been “open” when the item was tabled by vote of the Council

[Tuesday, January 7, 2020]

Members. He called the measure to the attention of the Council Members present for their consideration and announced the resumption of the public hearing portion of the proceedings concerning this item.

Homayoun Maali, 53 Chester Street, Lawrence, MA stated the proposed ordinance punishes residents through a system of ticketing and prosecution. He requested the Council Members not approve the measure.

Richard Russell, 34 Cross Street, Lawrence, MA asked if those who are ticketed and prosecuted have any right of recourse particularly those who may be ticketed for overfilled trash bins. He stated that his trash bins are often used by others who place their trash in his trash bin without his knowledge. He also stated that there is no method available to pay cash for violations stating that the Lawrence City Ordinances allow for cash payments to be paid to the City.

Council President informed the Council Members that he noticed that the item may procedurally require that it be removed from the “table” and asked the Council Members to proceed accordingly.

Upon being recognized, Councilor Estella Reyes presented a motion to remove document 121/18 from the “tabled items” [nun pro tunct to the time following its introduction]. The motion was seconded by Council

Vice President Laplante and unanimously [9-0] approved by Council Members present.

Upon continuing with the public hearing portion of the measure presented, upon being recognized Dom

Frazier [no address provided] asked the Council Members to review the proposed measure with greater scrutiny.

He discussed the adverse impact the measure may have on residents stating that the ordinance provides criminal prosecution for violators who are charged with trash crimes.

Jamie [last name inaudible], 3 Broadway Court Lawrence, MA stated there is trash everywhere that needs to be cleaned offering her assistance if she can help.

Upon no further discussion or comment offered by anyone present, Council President Vasquez closed the public comment portion of the proceedings and called upon the Council Members present to offer comment or discussion.

[Tuesday, January 7, 2020]

Upon being granted the floor, Councilor Payano presented a motion to “table” the measure. The motion was seconded by Councilor Estella Reyes and unanimously [9-0] approved by Council Members present.

Doc. 121/18: Public Hearing Continued and Closed/Tabled

V: Communication from Mayor, City Officials & City Attorney:

Doc. 14/20: Early Voting for Presidential Primary-implementation- William J. Maloney, City Clerk – Withdrawn

Upon invitation by Council President Vasquez, City Clerk Maloney provided information concerning the approval of Early Voting in advance of the 2020 Presidential Primary authorized by the State Legislature to be held from Monday, February 24, 2020 through and including Friday, February 28, 2020 providing and estimated cost of implementation to be approximately 10,000.00 to 12,000.00 which would include all equipment and personnel necessary to operate a poll location where Early Voting will take place. He stated that the Secretary of State has issued guidelines and information to all Massachusetts Cities and Towns who are allowed to provide the hours of Early Voting operation during the approved dates and requested the Council

Members to consider the following Early Voting Poll schedule of voting for approval:

Monday through Friday – 8:30 a.m. to 4:30 p.m. Monday-Wednesday-Friday [8:30 a.m. to 4:30 p.m.] and Tuesday-Thursday [8:30 a.m. to 7:00 p.m.] Monday through Friday – 8:30 a.m. to 7:00 p.m.

City Clerk Maloney stated that the Lawrence City Charter provisions grant the City Council Members with supervisory authority over all election matters and provide the authority to exclusive establish matters related to polling hours, location and operation. He stated that the City Executive would be provide with notification of the vote of the City Council’s approvals in order to operate with unified effort in regard to matters that relate to plant operations [ie: use of the City Council Chamber as a poll location for Early Voting] and funding of personnel and equipment to be incurred to implement and administer the Early Voting mandate of the State Legislature. He stated further that his initial analysis of the FY 2020 Budget appears to contain sufficient funding to support Early Voting activities and all supplies, equipment and personnel would obtain

[Tuesday, January 7, 2020] financial support with existing funds due to the fact that the Municipal Preliminary Election was cancelled in 20 of 24 polling locations in September of 2019. He cautioned that as long as the funds allocated by the

Administration and approved by the City Council in June of 2019 remain available and the allocations were not removed for any other purpose, the cost of Early Voting activities could be supported without a supplemental budget approval. He stated that there may be additional equipment costs incurred to lease three “poll pads” which cost 500.00 for the license and 500.00 for each poll pad leased. The estimated cost for this item would be approximately 2,000.00 with a possible increase due to inflation. He stated that the Election Division anticipates hiring 5 poll workers to process voters and ballots each day which would be administered by existing staff which would require some overtime due to the work necessary to record and complete each voting day and prepare for the next voting day. All four election staff members would be required to be available to work about 1 or 2 hours overtime and paid at a rate of 1.5 hours their single hourly rate of pay which contributes to the overall costs of Early Voting operations. He stated that there is about a 1,000.00 increase for each day of Early Voting that takes place after 4:30 p.m. with that cost incurred by on duty poll workers and overtime pay for full time staff. Lastly, City Clerk Maloney asked the City Council Members to remember that the Election Division remains seriously understaffed with the four full time election staff available stating that they already are preparing and planning for election day to take place on Tuesday, March 3, 2020. He stated that requiring full time election staff to work 12 to 15 hours per day to administer and complete the required regular election duties and all Early Voting duties and obligations may cause employee “burn out”. He asked the Council Members to remember that elections do not end for City Election Staff after polls close on election day which marks the beginning of work necessary to certify the results of the Presidential Primary within six days continuing for about ten to fourteen days more. He informed the Council Members that the burdens of additional work placed on full time election staff is recognized by the State Auditor who makes financial adjustments in overall funds returned to the Cities and Towns based on formula applied by State Law.

Although it is fortuitous that the City of Lawrence has available funds because it cancelled most of the

[Tuesday, January 7, 2020]

Municipal Preliminary, the availability of funds allocated for that purposed may not be available in future budget years. He stated that the State Legislature is likely to approve legislation that requires Early Voting to take place with all elections which will add an addition 20,000.00 to 30,000.00 to the annual budget for the

Election Division. These costs when ordered by legislation will be mandated and not optional to the City of

Lawrence. Other measures that will bring about “same day voter registration” and “rank choice voting” will increase the demands and experience requirements of an Election Office that uses a 1950’s or 1960’s structural model of operations. He stated that the City Election Division is not even close to 20th century standards of required operations which may required restructuring of the City Election Division by replacing it with an

Election Commission and greater budgetary allowances. City Clerk Maloney concluded by informed and reminding the City Council Members that the Election Division Staff was accustomed to a one month sabbatical in December of each year and use to “shut down” for the entire month. This practice reflected the times but also was a reflection of the operational model in place which was developed when elections in Lawrence were considered a “part time” operation which the City Clerk would devote time to elections just before and just after each election event. Present day Election administration in Lawrence requires the City Clerk to split time between to complete required tasks of the City Clerk’s Office and the Election Division daily stating that if this continues it will likely result in sacrificing operations in both offices. He concluded by stating that both the

Clerk’s Office and the Election Office require full time attention, oversight and supervision on a daily basis.

Upon being granted the floor, Councilor Levy posed questions to Mr. Maloney regarding cost savings from the last election which City Clerk Maloney stated that his review of budget expenditure associated with the Municipal Preliminary indicate a savings of about 78,000.00.

Discussion ensued among the Councilors and Clerk Maloney regarding scheduling and location for

Early Voting.

Upon being granted the floor, Councilor Payano discussed marketing and advertisement for Early

Voting. In response, City Clerk Maloney stated that marketing any City Department requires full time staff

[Tuesday, January 7, 2020] with specific budgetary amounts allocated to pay for expenses incurred for signage, outreach and media advertising associated to provide a professional media approach. City Clerk Maloney informed the City

Council that the City Election Division staff allocation has only four full time staff members and there is some media outreach provided by the Bilingual Coordinator and some interface with local print media and cable television networks to provide advertising of election deadlines and events held. He stated that simply “adding on” to the duties and responsibilities Election personnel are already mandated to perform by law with an item that is “option” will force a choice resulting in choosing to complete statutory requirements rather than optional items. He informed the Council Members that creating an additional duty and responsibility for the Election

Division to perform media and advertising related tasks without hiring experienced staff versed in developing and conducting marketing strategies and without providing sufficient funding to pay for costs and expenses associated with professional marketing will result in adding work requirements to employees who already are required to perform mandated election tasks and without providing sufficient funds to execute a media related tasks without any knowledge, skill, training or ability to perform. He stated that if the Election Division is to be responsible to conduct media related tasks then a professional full time media staff member should be hired and provided with an operating budget which would probably be initially funded with 10,000.00. Drawing from existing staff and diverting existing budget monies will likely result in a failed operation without staff and money allocated. Councilor Payano disagreed and stated that the tasks related to media and marketing could be shared among existing staff with a plan in place to provide the public with information that would advertise election events to increase voter turnout and improve public awareness of elections. Councilor Payano stated that there may not be sufficient time to provide media information for the Presidential Primary stating further that a media plan should be devised and put in place in future elections. In response, City Clerk Maloney stated that the Election Division lacks sufficient staff and money to conduct media related tasks without sacrificing mandated election requirements.

[Tuesday, January 7, 2020]

Upon taking the floor, Council President Vasquez informed the informed the Council Members that the

City Council will be voting to approve the use of the Council Chambers and specifically authorizing the dates and times for conducting polling activities available for the public to vote early.

Upon being granted the floor, Councilor De La Cruz presented a motion to approve the “second option” described by the City Clerk as follows:

Monday-Wednesday-Friday [8:30 a.m. to 4:30 p.m.] and Tuesday-Thursday [8:30 a.m. to 7:00 p.m.]

The motion was seconded by Councilor Celina Reyes and Council Members present voted unanimously [9-0] to approve this Early Voting Schedule for the upcoming Presidential Primary and authorizing the City Clerk to use the City Council Chamber as a poll location for Early Voting.

Upon being granted the floor, Councilor Estella Reyes moved to withdraw the item from the Council

Agenda. The motion was seconded by Councilor Levy and unanimously [9-0] approved by Council Members present.

VI. APPROPRIATIONS-ORDERS-RESOLUTIONS:

8/20 Transfer from Free Cash-Arlington Street Parking Lot-Brian Pena, Acting DPW Director –Ref. to Budget & Finance Cmt.

9/20 Appropriation Transfer Free Cash-Arlington Street Parking Lot to DPW- [Special Accounts to be created][75,450.00] Mayor Dan Rivera-Ref. to Budget & Finance Cmt.

10/20 Emergency Appropriation Transfer-Free Cash-Removal of Underground Fuel Tanks to DPW Special Projects Fund [285,398.95]-Mayor Dan Rivera-Ref. to Budget & Finance Cmt.

11/20 Transfer Free Cash to Capital Improvement Pay-Go Projects-Replacement of Scoreboards at Veteran’s Stadium-[95,000.00] Mayor Dan Rivera-Ref. to Budget & Finance Cmt.

12/20 Transfer Columbia Gas Reserve Account to Capital Improvement Pay-Go Projects-Vehicle Maintenance [380,000.00] Mayor Dan Rivera-Ref. to Budget & Finance Cmt.

13/20 Transfer Columbia Gas Reserve Account to Capital Improvement Pay-Go Projects-Vehicle Maintenance [105,000.00] Mayor Dan Rivera-Ref. to Budget & Finance Cmt.

Council President Vasquez referenced the above items appearing on the Agenda and referred each item to the City Council Subcommittee for further proceedings as indicated.

[Tuesday, January 7, 2020]

VII. COMMITTEE REPORTS: - None

VIII. WITHDRAWALS: - None

IX. OLD BUSINESS:

Doc. 399/19: Open Meeting Law Complaint-Martha Sybert-recd. 12-18-19 (Executive Session Anticipated) – Letter to City Attorney

Upon being granted the floor, Councilor Estella Reyes presented a motion to send correspondence to the

City Attorney to authorize the City Attorney to prepare and issue a response to the complainant and as otherwise may be required. The motion was seconded by Councilor Levy and unanimously [9-0] approved by

Council Members present.

Doc. 399/19: Letter to City Attorney

X. TABLED MATTERS:

Doc. 335/19: Review of Open Meeting Law Violation Complaint By Dalia Diaz (Executive Session Anticipated)[T][10-15-19] – Withdrawn

Upon being recognized, Councilor Estella Reyes presented a motion to remove the item from the table and to withdraw the item from the Council Agenda informing the Council Members that the item has been resolved and does not require further attention by the Council Members. The motion was seconded by

Councilor Levy and unanimously approved by the Council Members present [9-0].

Doc. 335/19: Withdrawn

Doc. 39/10: Charter Review [Public Hearings as needed] – Withdrawn w/o Prejudice

Upon being recognized, Councilor Celina Reyes presented a motion to remove the item from the table which was seconded by Councilor Payano and unanimously approved by the Council Members present [9-0].

Council President Vasquez informed the Council Members that the above item was presented to address the Charter Review requirement for the decade beginning in 2010. He stated that the onset of a new decade requires the City Council to conduct Charter Review items relevant to the 2020 decade which he stated will present “item by item” throughout the pendency of the Council obligation. He announced that a new document

[Tuesday, January 7, 2020] will be established to address items requiring Charter Review and stated that they may require Home Rule

Petitions to be properly completed as they progress.

Upon being granted the floor, Councilor Estella Reyes presented a motion to withdraw the item from the

Council Agenda without Prejudice as seconded by Councilor Abdoo.

A discussion between Councilor Payano and Council President Vasquez ensued regarding process of

Charter Review envisioned by Council President Vasquez.

Upon being granted the floor, Council Vice President Laplante suggested the Council President could create a special Charter Committee.

Council President Vasquez agreed and appointed the following members to the City Council Charter

Review Committee: Councilor Payano, Councilor Estela Reyes, Councilor Jeovanny Rodriguez and Council

Vice President Marc Laplante. Council President Vasquez stated that the Charter Review Committee should meet periodically and the 2020 activities will wind up by December 31, 2020 with the new year advancing new items.

Upon being granted the floor, Councilor De La Cruz stated that amendments to the City Charter will provide the Council Members with a vehicle for change.

Upon no further inquiry, comment or discussion the Councilor Members voted unanimously [9-0] to withdraw the above item from the Council Agenda without prejudice.

Doc. 39/10: Withdrawn w/o Prejudice

XI. TABLED MATTERS:

The following items remained “tabled” without further action:

148/11 Parking – Merrimack Street–alternate side parking–Counc. Laplante–Ord. Cmt. 133/14 Military/Veteran Recognition-Counc. Laplante 197/14 Double Poles–Locations–Review–Council Pres. Maldonado [ud][11-12-19] 72/16 Residency requirement-City Employees – Home Rule Petition – Review – Council Pres.– Ord. Cmt 125/17 Establishing maximum motor vehicle speed city wide to 25mph–Request to Amend Chapter 10.26 Council Pres. Vasquez & Counc. Rodriguez – Public Hearing

[Tuesday, January 7, 2020]

221/17 Stop Sign–Intersection of Andover and Foster Streets–Counc. Vice Pres. Laplante–Public Hrg Pending-Traffic Study Ordered 11/18 Creation of City Council Standing Subcommittee on Education – Counc. De La Cruz – Ord. Cmt 85B/18 Rental Insurance Policy Requirement for All Rental Units– [Sec. 15.12.065] - Counc. Payano – Public Hearing 110/18 Haverhill St–One way btwn Prospect and Haverhill Sts–Counc. Levy–Hearing Open [8-21-18] 121/18 Recycling Program Ordinance-Counc. Payano-Ord. Cmt.-Pub. Hrg.[T][12-26-19] [motion to apprv pending][pub. hrg open]; 148/18 Lawrence Auxiliary Police – Council Vice Pres. Rodriguez & Counc. Payano - Public Safety Cmt. 168/18 Americans with Disabilities Act: Poll Accessibity Citations DOJ– [Executive Session Anticipated][T][08-21-18] 189/18 A&M Auto Body, Inc. – 341 South Broadway –Zoning Amendment [Executive Session Anticipated][T][01-29-19] 208/18 Handicapped Parking – 69 Greenwood Street – Counc. DePeña – Ord. Cmt. Public Hearing to be Ordered 214/18 Board of Health Ordinance Amendment–Counc. Payano–Public Hearing Closed [8-21-18] 326/18 Lawrence Opioid Litigation – Counc. Payano and Council Vice Pres. Rodriguez [T][12-4-18] 328/18 Lawrence Emergency Response- Counc. Payano[T][09-18-18] 389/18 Department Heads Quarterly Report-Counc. Payano & Council Vice Pres. Rodriguez-Committee of the Whole [02-05-19][T] 142/19 Columbia Gas Update-Mark Kempic, Columbia Gas President/COO-Counc. Pres. Vasquez [ud][11-12-19] 162/19 Allowing Commercial Vehicles to park on Union St.[East Side]-Counc. Laplante- Ord. Cmt. [T][09-03-19] 170/19 Resolutions- Recognition of Lawrence Academic Achievers-Counc. Laplante-[T][06-04-19] 224/19 Amend zoning Sec. 29-19 C5-permitted uses “shopping centers” and “car wash” – Counc. DePena [T][11-12-19] 243/19 Request to display and sell produce-127 South Union St-Tropical Mini Market Corp.- Ysidro Polo-Ord. Cmt. [T][09-03-19] 296/19 Museum Square Litigation-Dan Rivera, Mayor [T][09-03-19] 354/19 Oliver School Building Project-[Executive Session Anticipated]-Cynthia Paris, Superintendent of Schools [T][11-12-19]

XII. NEW BUSINESS:

Council President Vasquez brought the matters listed below to the attention of the Council Members present and referred each to the Council Subcommittee as indicated:

3/20 Appointment of Vivian Marmol to the Lawrence Redevelopment Authority-Mayor Dan Rivera- Ref. to Pers. Cmt. 4/20 Appointment of Eddie E. Rosa to the Lawrence Redevelopment Authority-Mayor Dan Rivera – Ref. to Pers. Cmt. 5/20 Appointment of Dania Amador-Martis to the Lawrence Airport Commission-Mayor Dan Rivera – Ref. to Pers. Cmt. 6/20 Appointment of Ernest E. Coutermarsh to the Lawrence Airport Commission-Mayor Dan Rivera – Ref. to Pers. Cmt.

[Tuesday, January 7, 2020]

7/20 National Grid and Verizon- Request to locate poles, wires and fixtures-Emmett Street- Dave Johnson, Engineering Dept. – Ref. to Ord. Cmt.

Upon taking the floor, Council President Vasquez informed the Council Members of the following City

Council Subcommittee assignments:

Budget and Finance Committee: Council Vice Pres. Marc Laplante; Councilor David Abdoo; Councilor Pavel Payano; Councilor Jeovanny Rodriguez

Ordinance Committee: Councilor Estela Reyes; Councilor Anna Levy; Councilor Celina Reyes; Councilor Maria De La Cruz;

Housing Committee: Councilor Jeovanny Rodriguez; Councilor Anna Levy; Councilor Pavel Payano; Council Vice President Marc Laplante;

Personnel Committee: Councilor David Abdoo; Councilor Maria De La Cruz; Council President Kendrys Vasquez; Councilor Celina Reyes;

Public Safety Committee: Councilor Pavel Payano; Councilor Anna Levy; Councilor Jeovanny Rodriguez; Councilor Celina Reyes;

[Tuesday, January 7, 2020]

Committee of the Whole: Council Vice President Marc Laplante [Chair by Charter]; Councilor Estela Reyes; Councilor Anna Levy; Councilor Celina Reyes; Councilor David Abdoo; Councilor Pavel Payano; Councilor Maria De La Cruz; Councilor Jeovanny Rodriguez; Council President Kendrys Vasquez;

Charter Review Committee: Councilor Estela Reyes; Councilor Jeovanny Rodriguez; Councilor Pavel Payano; Council Vice President Marc Laplante

Council President Vasquez instructed the Council Members to conduct organizational meetings to select the Chair and Vice Chair of each Council Subcommittee.

XIII. ADJOURNMENT:

Upon Motion of Councilor Estella Reyes duly seconded by Councilor Payano, the Council Members present voted unanimously to Adjourn.

ADJOURNED (08:30p.m.)

Attest:

William J. Maloney City Clerk

Date Approved: Tuesday, February 4, 2020

MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday January 21, 2020

A REGULAR MEETING of the City Council was held on Tuesday, January 21, 2020 at 7: 06 p.m. in the City Council Chamber, 200 Common Street, Lawrence, MA.

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B Councilor] – Absent at roll call; Councilor Anna Levy [Councilor at Large] - Present; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E Councilor] – Present; Councilor Pavel Payano [Councilor At Large] –– Absent at roll call; Councilor Maria De La Cruz [Councilor District A] Present; Councilor Jeovanny Rodriguez [District D Councilor] – Absent; Council Vice President Marc Laplante [District F Councilor] – Present; Council President Kendrys Vasquez [District C Councilor] – Absent at roll call;

Councilor Estella Reyes arrived at 7:07 p.m. Councilor Pavel Payano arrived at 7:15 p.m. Council President Vasquez arrived at 7:59 p.m.

Other attendance matters:

Approximately Twenty-three [23] persons were present.

A Moment of Silence was held.

The Pledge of Allegiance was recited.

I. APPROVAL OF MINUTES:

[Council Vice President Laplante presided over the City Council Session during the absence of Council President Vasquez]

Council Vice President Laplante, presiding as Chair of the City Council, informed the Council

Members present that the minutes of City Council Meetings conducted December 26, 2019 were submitted

by the City Clerk for the consideration of approval by the City Council Members. Upon the motion of

Councilor De La Cruz to approve the minutes as presented duly seconded by Councilor Levy the Council

Members present voted unanimously [5-0] to approve the minutes.

II._PUBLIC PARTICIPATION:

[Tuesday, January 21, 2020]

Council Vice President Laplante requested those who wished to provide public input and participation to present themselves and address the City Council. Upon the invitation of Council Vice President Laplante the following individuals addressed the City Council:

Homayoun Maali, 53 Chester Street, Lawrence, MA stated that Mayor Rivera should demonstrate support the Lawrence Police Department by finalizing contract negotiations with the Lawrence Patrolman’s

Union. He praised the Lawrence Police Department, Police Chief Roy Vasque, the Lawrence Fire Department, the Department of Public Works, the Lawrence Public Schools, the Lawrence Teachers and their Union, and

Lawrence School Superintendent Cynthia Paris for the work provided to the City of Lawrence .

[7:07 pm: Councilor Estela Reyes arrived to the Meeting]

Evelyn Rodriguez of the Lawrence Community Coalition, 130 Parker Street, Lawrence, MA spoke in support of public health measures to be considered by the City Council.

Richard Russell, 34 Cross Street, Lawrence, MA discussed the two million dollar grant from Housing and Urban Development provided to the Cities of Lynn and Peabody asking if Lawrence was to receive a similar grant amount from HUD. He stated that citizens of Lawrence should be included in the Charter Review process of the City Council. Mr. Russell stated that City Councilors should not be using electronic devices during City Council Meetings since it appears they receiving information from outside the City Council session that is not being included in the public record.

Lee Fickenworth, 34 Cross Street, Lawrence, MA thanked the City of Lawrence for allowing the recent candle light vigil for the Mothers of Murder Victims group and thanked those attending the vigil.

Council Vice President Laplante closed the public comment portion of the proceedings and asked the

City Clerk to proceed with the next items on the City Council Agenda.

III. PUBLIC HEARINGS:

Doc. 183/19: Stop Signs-Intersection of Cutler and Emerald/Vandergrift-Counc. Laplante- Ord. Cmt.-Pub. Hrg. - Approved

[Tuesday, January 21, 2020]

At the request of Council Vice President Laplante, the City Clerk read the public hearing notice regarding the above as published. Upon the conclusion of the Clerk’s reading of the public notice, Council Vice

President Laplante opened the public hearing portion of the proceedings and invited anyone who wished to be heard to present themselves before the Council Members.

Whitney McDonald, 18 Cutler Street, Lawrence, MA spoke in support of the proposed measure citing examples of speeding cards and multiple near accidents making it dangerous for those living near the intersection. She stated that a stop sign is needed to save lives of those living in the neighborhood and the children who will be injured or killed otherwise.

[7:15 pm: Councilor Estela Reyes arrived to the Meeting]

Alex [last name inaudible], 2 Emerald Avenue, Lawrence, MA spoke in support of the proposed measure stating that cars speed down Cutler Street all the time. He stated that he hopes a stop sign at the location will provide greater safety for the area residents.

Upon no further discussion or comment offered by anyone present, Council Vice President Laplante closed the public comment portion of the proceedings and called upon the Council Members present to offer comment or discussion.

Upon no discussion, comment or inquiry offered by the Council Members present, Council Vice

President Laplante closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve presented by Councilor Estella Reyes, as seconded by Councilor Payano, the

Council Members present voted unanimously [7-0] to approve the measure. [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 183/19: Approved

Doc. 224/19: Amend zoning Sec. 29-19 C5-permitted uses “shopping centers” and “car wash” – Counc. DePena - [11-12-19] - Pub. Hrg. – Tabled

[Tuesday, January 21, 2020]

Laplante opened the public hearing portion of the proceedings and invited anyone who wished to be heard to present themselves before the Council Members.

Tamar Kotelchuck, Chair of the Lawrence Planning Board, spoke in opposition to the petition presented stating that the Lawrence Planning Board conducted proceedings and filed its report dated October 3, 2019 with an “unfavorable recommendation”. She informed the Council Members that the petition requested permitted use for car washes and shopping centers which are not provided in the overlay plan recently presented by the

Lawrence Planning Board and approved by the City Council.

Brian DePena, [former City Council Member] spoke in support of the proposed amendment.

Maggie Superchurch [proponent and presenter of the District Overlay Plan referenced by Planning

Board Chair Tamar Kotelchuck] stated that the proposed zoning amendment is contrary to the plan for redevelopment that she recently presented with the approval of the Planning Board and was approved by the

City Council. She stated that she opposes the proposed zoning amendment because it will allow uses that are contrary to the redevelopment plan stating that there may be other exceptions requested that follow this petition stating further that it is contrary to the redevelopment plan for the overlay area the City Council approved.

Upon no discussion, comment or inquiry offered by the Council Members present, Council Vice

President Laplante closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon being recognized, Councilor Estela Reyes presented a motion to “table” the item which was seconded by Councilor Levy and unanimously [7-0] approved by the Council Members to “table” the item.

[Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 224/19: Tabled

[Tuesday, January 21, 2020]

Doc. 276/19: Handicap Parking-51 Cross Street-Mercedes M. Peralta-Ord. Cmt.-Pub. Hrg. – Approved

President Laplante opened the public hearing portion of the proceedings and invited anyone who wished to be heard to present themselves before the Council Members.

Upon no discussion or comment offered by anyone present, Council Vice President Laplante closed the public comment portion of the proceedings and called upon the Council Members present to offer comment or discussion.

Upon no discussion, comment or inquiry offered by the Council Members present, Council Vice

President Laplante closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure presented by Councilor Estella Reyes, as seconded by Councilor

Levy, the Council Members present voted unanimously [7-0] to approve the measure [Council President

Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 276/19: Approved

IV: Communication from Mayor, City Officials & City Attorney:

Doc. 22/20: Museum Square-Litigation Discussion [Executive Session Anticipated]- Counc. Payano – Tabled

Upon being recognized Councilor Abdoo moved to table the item which was seconded by Councilor

Payano and unanimously approved [7-0] by Council Member present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 22/20: Tabled

V. APPROPRIATIONS-ORDERS-RESOLUTIONS:

[Tuesday, January 21, 2020]

Doc. 20/20: Loan Order to Authorize Borrowing [8,000.000.00] for Museum Square Parking Garage-Mayor Dan Rivera – Ref. to Budget & Finance Cmt

Council Vice President Laplante called the item to the attention of the Council Members appearing on the City Council Agenda being referred to the City Council Subcommittee as indicated.

Doc. 20/20: Ref. to Budget & Finance Cmt.

Doc. 392/19: Creation of Columbia Gas Road Paving and Reconstruction Account [31,910,000.00]- Mayor Dan Rivera-Budg. & Fin. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the Budget

& Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Celina Reyes and unanimously [7-0] approved by the Council Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 392/19: Approved

Doc. 393/19: Creation of Columbia Gas Reserve Account [3,821,560.26]-Mayor Dan Rivera- Budg. & Fin. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the Budget

& Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Estella Reyes and unanimously [7-0] approved by the Council Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 393/19: Approved

Doc. 398A/19: Emergency Projects Appropriation [470,000.00]-Mayor Dan Rivera- Budg. & Fin. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the Budget

[Tuesday, January 21, 2020] approved by the Council Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 398A/19: Approved

Doc. 8/20: Transfer from Free Cash-Arlington Street Parking Lot-Brian Pena, Acting Public Works Director-Budg. & Fin. Cmt. – Withdrawn

Upon being recognized, Councilor Abdoo presented a motion to withdraw the item from the City

Council Agenda informing the City Council Members that Doc. 8-2020 is a duplicate of the item presented in

Doc. 9-2020. The motion was seconded by Councilor Reyes and unanimously withdrawn by vote of the

Council Members present [7-0][Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 8/20: Withdrawn [duplicate]

Doc. 9/20: Appropriation Transfer Free Cash-Arlington Street Parking Lot to DPW-[Special Accounts to be created][75,450.00]- Mayor Dan Rivera-Budg. & Fin. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the Budget

& Finance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Estella Reyes and unanimously [7-0] approved by the Council Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 9/20: Approved

[7:35 p.m. - Council Vice President Laplante relinquished the Chair to Councilor Estella Reyes as protem Chair of the Lawrence City Council being the next most senior Member of the City Council – Council Vice President Laplante left the Council Chamber]

Doc. 10/20: Emergency Appropriation Transfer-Free Cash-Removal of Underground Fuel Tanks to Public Works Special Projects Fund [285,398.95]-Mayor Dan Rivera-Budg. & Fin. Cmt. – Approved

At the request of Councilor Estela Reyes, pro tem Chair of the City Council, Councilor Abdoo presented the report of the Budget & Finance Committee recommending the approval of the appropriation transfer as

[Tuesday, January 21, 2020] presented. The report was presented in the form of a motion to approve the item which was seconded by

Councilor De La Cruz and unanimously [6-0] approved by the Council Members present [Council President

Vasquez being and Council Vice President Laplante absent from the Council Chamber at the time the vote was called and recorded].

Doc. 10/20: Approved

[7:37 p.m. – Councilor Estela Reyes relinquished the Chair to Council Vice President Laplante upon his return to the City Council Chamber and resumed as Chair of the Lawrence City Council Session in the absence of Council President Vasquez]

Doc. 11/20: Transfer Free Cash to Capital Improvement Pay-Go Projects-Replacement of Scoreboards at Veteran’s Stadium [95,000.00] Mayor Dan Rivera-Budg. & Fin. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the Budget

& Finance Committee recommending the approval of the transfer as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Estella Reyes and unanimously [7-0] approved by the Council Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 11/20: Approved

Doc. 12/20: Transfer Columbia Gas Reserve Account to Capital Improvement Pay-Go Projects-Vehicle Maintenance [380,000.00] Mayor Dan Rivera-Budg. & Fin. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the Budget

& Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Estella Reyes.

Upon being granted the floor, Councilor Levy posed questions to Director Ianello regarding the purpose of the transfer request.

Upon being granted the floor, Councilor Payano inquired about the Budget Committees reported calling for the items listed in documents 12/20 and 13/20 to be contingent upon “the creation of a Columbia Gas

Reserve Account”.

[Tuesday, January 21, 2020]

Upon being recognized, Councilor Abdoo amended his motion stating that Budget Committee report recommends that the item be approved contingently upon the creation of a Columbia Gas Reserve Account. The motion was seconded by Councilor De La Cruz and unanimously [7-0] approved by Council Member present

[Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 12/20: Approved [see Doc. 393/19 herein – approved earlier in the session]

Doc. 13/20: Transfer Columbia Gas Reserve Account to Capital Improvement Pay-Go Projects-Vehicle Maintenance [105,000.00] Mayor Dan Rivera- Budg. & Fin. Cmt. - Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the Budget

& Finance Committee recommending the approval of the transfer contingent on “the creation of a Columbia

Gas Reserve Account”. The report was presented in the form of a motion to approve the item which was seconded by Councilor De La Cruz and unanimously [7-0] approved by the Council Members present [Council

President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 13/20: Approved [see Doc. 393/19 herein – approved earlier in the session]

VI. COMMITTEE REPORTS:

Doc. 371A/19: Application of New Cingular Wireless to Install Small Cell Facility (dba AT&T)-Pole #84- Near 270 Ames Street-Edward Pare, Esq.-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council Vice President Laplante, Councilor Reyes presented the report of the

Ordinance Committee recommending a public hearing on the item presented. The report was presented in the form of a motion to order a public hearing which was seconded by Councilor De La Cruz and unanimously approved by the Council Members present [7-0][Council President Vasquez being absent from the Council

Chamber at the time the vote was called and recorded].

Doc. 371A/19: Public Hearing Ordered

[Tuesday, January 21, 2020]

Doc. 371B/19: Application of New Cingular Wireless to Install Small Cell Facility (dba AT&T)-Pole #16- Near 298 So. Broadway-Edward Pare, Esq.-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council Vice President Laplante, Councilor Estella presented the report of the

Ordinance Committee recommending a public hearing on the item presented. The report was presented in the form of a motion to order a public hearing which was seconded by Councilor Celina Reyes and unanimously approved by the Council Members present [7-0][Council President Vasquez being absent from the Council

Chamber at the time the vote was called and recorded].

Doc. 371B/19: Public Hearing Ordered

Doc. 380/19: Dedication of Council Outer Office in the name of Lillian Michaud [retired City Council Administrator]-Councilor Laplante-Ord. Cmt.-– Approved

At the request of Council Vice President Laplante, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item as seconded by Councilor Abdoo.

Upon being granted the floor, Councilor Abdoo spoke in support of the item commenting about Ms.

Michaud’s 38 years of service to the City Council and the City of Lawrence.

[7:48 p.m. - Council Vice President Laplante relinquished the Chair to Councilor Estella Reyes as pro tem Chair of the Lawrence City Council being the next most senior Member of the City Council – Council Vice President Laplante left the Chair to comment on the item]

Upon being granted the floor, Council Vice President Laplante spoke in favor of the item and stated Ms.

Michaud’s 38 years of service were notable and commendable for her many years of honorable service.

[7:50 p.m. – Councilor Estela Reyes relinquished the Chair to Council Vice President Laplante upon his return to the City Council Chamber and resumed as Chair of the Lawrence City Council Session in the absence of Council President Vasquez]

Upon being granted the floor, Councilor Estella Reyes spoke favorable of Ms. Michaud’s service to the

Council Members thanking Council Vice President Laplante for making the recognition possible.

Upon no further inquiry, comment or discussion Council Vice President Laplante called the motion to approve and the Council Members present voted unanimously [7-0] to approve the Dedication of Council Outer

[Tuesday, January 21, 2020]

Office in the name of Lillian Michaud [retired City Council Administrator]. [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 380/19: Approved

Doc. 388/19: Pawnbroker License Application-Carlos Camacho-Ord. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Payano and unanimously approved by the

Council Members present [7-0][Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 388/19: Approved

Doc. 7/20: National Grid & Verizon-Request to locate poles, wires & fixtures-Emmett Street-Dave Johnson, Eng. Dept.-Ord. Cmt. Pub. Hrg. Ord. – Approved

At the request of Council Vice President Laplante, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing which was seconded by Councilor De La Cruz and unanimously approved by the Council Members present [7-0][Council President Vasquez being absent from the Council

Chamber at the time the vote was called and recorded].

Doc. 7/20: Public Hearing Ordered

Doc. 3/20: Appointment of Vivian Marmol to the Lawrence Redevelopment Authority- Mayor Dan Rivera-Pers. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the Personnel

Committee recommending the appointment of Vivian Marmol as a Member of the Lawrence Redevelopment

Authority for a term of three years. The report was presented in the form of a motion to approve the appointment which was seconded by Councilor De La Cruz and unanimously [7-0] approved by

[Tuesday, January 21, 2020]

Council Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 3/20: Approved

Doc. 4/20: Appointment of Eddie E. Rosa to the Lawrence Redevelopment Authority- Mayor Dan Rivera-Pers. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the

Personnel Committee recommending the appointment of Eddie E. Rosa as a Member of the Lawrence

Redevelopment Authority for a term of three years. The report was presented in the form of a motion to approve the appointment which was seconded by Councilor De La Cruz and unanimously [7-0] approved by

Council Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 4/20: Approved

Doc. 5/20: Appointment of Dania Amador-Martis to the Lawrence Airport Commission- Mayor Dan Rivera-Pers. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the

Personnel Committee recommending the appointment of Dania Amador-Martis as a Member of the Lawrence

Airport Commission for a term of three years. The report was presented in the form of a motion to approve the appointment which was seconded by Councilor De La Cruz and unanimously [7-0] approved by Council

Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 5/20: Approved

Doc. 6/20: Appointment of Ernest R. Coutermarsh to the Lawrence Airport Commission- Mayor Dan Rivera-Pers. Cmt. – Approved

At the request of Council Vice President Laplante, Councilor Abdoo presented the report of the

Personnel Committee recommending the appointment of Ernest R. Coutermarsh as a Member of the Lawrence

[Tuesday, January 21, 2020]

Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 6/20: Approved

Doc. 391/19: Firewatch discussion-Counc. De Pena, Counc. Pres. Vasquez, Counc. Payano, Counc. Levy, Counc. Reyes, Counc. Rodriguez-Pub. Safety Cmt. – Withdrawn

At the request of Council Vice President Laplante, Councilor Payano presented a motion to receive the report of the Public Safety Committee without a recommendation. The motion was seconded by Councilor

Estella Reyes and unanimously [7-0] to receive the report by the Council Members present [Council President

Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Upon being granted the floor, Councilor Payano moved to withdraw the item from the Council Agenda.

The motion was seconded by Councilor Estella Reyes and unanimously [7-0] approved by Council Members present [Council President Vasquez being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 391/19: Withdrawn

[7:59 pm: Council President Vasquez arrived to the Meeting resuming his position as Chair of the City Council]

VII TABLED ITEM:

Doc. 22/20: Museum Square-Litigation Discussion [Executive Session Anticipated] – Counc. Payano – Tabled

Upon being recognized, Councilor Payano presented a motion to remove the above item from the

“table”. The motion was seconded by Councilor De La Cruz and unanimously approved by the Council

Members present [8-0].

[Tuesday, January 21, 2020]

Upon being recognized, Councilor Payano presented a motion to enter Executive Session in order to discuss legal strategy and litigation in regard to matters that pertain to the current and outstanding court proceedings concerning the Museum Square Parking Garage. The motion was seconded by Councilor Estela

Reyes,

Upon being recognized, Council Vice President Laplante asked Assistant City Attorney Tim Houten if there were any matters that may be of a public nature might be addressed before entering Executive Session.

Attorney Houten responded by informing the Council Members that the court action remains pending and suggested that the discussion should take place in Executive Session as it may impact the strategy of litigation and course to be taken in litigation.

Upon no further discussion, Council President Vasquez called the motion to enter Executive Session in order to discuss legal strategy and litigation in regard to matters that pertain to the current and outstanding court proceedings concerning the Museum Square Parking Garage as presented by Councilor Payano and seconded by Councilor Estela Reyes for consideration and vote of the City Council Members who voted to approve the motion by unanimous voice vote of the City Council Members present [8-0]. Upon recognizing the voice vote approval by the Council Members present, Council President Vasquez directed the City Clerk to call the roll of the Council Members to announce and record the individual vote of the Council Members on the motion presented. Upon the City Clerk call of the roll of City Council Members present, the vote of the Council

Members present is recorded as follows:. Yes-8; Absent-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano – Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez - Yes ***************************************************************************************** [8:02 pm –The Lawrence City Council convened to Executive Session]

[Tuesday, January 21, 2020]

[EXECUTIVE SESSION] [CONFIDENTIAL]

Persons Present in Executive Session:

Council Members present:

Councilor Estela Reyes – present; Councilor Ana Levy – present; Councilor Celina Reyes – present; Councilor David Abdoo – present; Councilor Pavel Payano – present; Councilor Maria De La Cruz – present; Council Vice President Marc Laplante – present; Council President Kendrys Vasquez - present

[City Councilor Jeovanny Rodriguez was not present being absent from the City Council Meeting]

City Clerk Maloney Assistant City Clerk Carole Morin Assistant City Attorney Tim Houten

[8:47 p.m. – The Lawrence City Council terminated Executive Session and resumed proceedings in public session] *****************************************************************************************

[PUBLIC SESSION RESUMED]

Upon being recognized, Councilor Abdoo presented a motion to terminate “Executive Session” and resume the public session of the Lawrence City Council. The motion was seconded by Councilor Celina Reyes unanimously approved by the Council Members present [7-0]. Upon recognizing the voice vote approval by the Council Members present, Council President Vasquez directed the City Clerk to call the roll of the Council

Members to announce and record the individual vote of the Council Members on the motion presented. Upon the City Clerk call of the roll of City Council Members present, the vote of the Council Members present is recorded as follows:. Yes-7; No-0; Absent-2

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez – Absent from the Meeting Councilor Maria De La Cruz – Absent from the Chamber Councilor Pavel Payano - Yes Councilor David Abdoo - Yes

[Tuesday, January 21, 2020]

Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez - Yes

[Councilor De La Cruz being absent from the Council Chamber at the time the vote was called and recorded] [City Councilor Jeovanny Rodriguez was being absent from the City Council Meeting]

Upon being granted the floor, Council Vice President Laplante invited Assistant City Attorney Houten to explain the options available to City Council regarding the pending litigation.

In response, Assistant City Attorney Houten stated that the Court Conference on this matter will likely be scheduled to take place in about 14 days which will result in a litigation tracking order addressing the process leading to trial. He stated that the City has the option to attempt settlement and will be pursued as authorized by the City Council with a report to be provided in 30 days.

Upon no further being granted the floor, Councilor Estella Reyes moved to “Table” the matter. The motion was seconded by Councilor De La Cruz and unanimously [8-0] approved by Council Members present.

Doc. 22/20: Tabled

VII. WITHDRAWALS:

Council President Vasquez granted Councilor Estella Reyes the floor for the purpose of presenting matters concerning the withdrawal of pending matters before the Ordinance Committee.

At the invitation of Council President Vasquez, Councilor Estella Reyes presented a motion to withdraw the documents listed below from the City Council Agenda without prejudice. The motion was seconded by

Councilor Payano and the Council Members voted unanimously [8-0] to withdraw the following items without prejudice from the City Council Agenda:

131/13 Bowdoin/South Bowdoin-WWII GI Home Historical Marker and Historical recognition-Counc. Rivera-Ord. Cmt. 199/14 City Charger Change Proposal-Counc. Laplante-Ord. Cmt. 306/14 Tenants Protection-Ordinance-Counc. Vasquez-Ord. Cmt. 374/14 Landlord/Tenant-rights-Counc. Almonte-Ord. Cmt. 14/15 Taxi License-Authorization to Transfer Medallion-Ord. Sec. 5.48.090-Counc. Pres. Maldonado-Ord. Cmt. [prev apprd]

[Tuesday, January 21, 2020]

15/15 City of Lawrence Towing-fees and procedures-Counc. Pres. Maldonado-Ord. Cmt. 37/15 Anti-Graffiti-Ordinance-Counc.Vasquez-Ord. Cmt. 38/15 Recycling-Ordinance-Counc. Vasquez and Counc. Pres. Maldonado-Ord. Cmt. 66/15 Taxi/Livery Businesses as Tenants in Buildings with Delinquent Property Taxes/Betterments-Pres. Maldonado-Ord Cmt. 314/15 Water and Sewer Dept. Rules and Regulations-Amendments-Brian Pena, Water and Sewer Commissioner-Ord. Cmt. 336/15 Livery and Taxi Licenses Process-Counc. Pres Maldonado-Ord. Cmt. 9/16 Common Street-Two Way Traffic-Counc. Maldonado-Ord. Cmt. 18/16 Parking-Woodland Court-to be added to Alternate Side Parking Ordinance-[Ord. Sec. 10.36.031]- Counc. Almonte-Ord. Cmt. 31/16 Taxi/Livery Licenses-Authority to Suspend and/or Revoke License-Councilors Alvarez-Rodriguez- & Maldonado-Ord. Cmt. 32/16 Water and Sewer System repairs, construction and improvements-Counc. Alvarez-Rodriguez-Ord. Cmt. 40/16 Short Street-One Way Proposed-Counc. Reyes-Ord. Cmt. 41/16 Saratoga Street-One Way Proposed-Counc. Reyes-Ord. Cmt. 42/16 Union Street-from Mechanic Street to Haverhill Street-One Way Proposed-Counc. Reyes-Ord. Cmt. 50/16 Board and Commission Appointments-terms of appointment-Counc. Maldonado-Ord. Cmt. 64/16 Parking-Wilmot Street-Alternate Parking-Counc. Reyes-Ord. Cmt. 73/16 Special Limit/Traffic review-Haverhill Street-between St. Mary’s and Notre Dame School -Counc. Reyes-Ord. Cmt. 122/16 No Parking-19 Bennett Street-Counc. Rodriguez-Ord. Cmt. 123/16 Speed Limit Review/Enforcement Data/Signage-Counc. Pres. Vasquez-Ord. Cmt. 124/16 Parking Restrictions-Ferry Street-Patrick J. Blanchette & Counc. Pres. Vasquez-Ord Cmt. 126/16 Stop Sign-4 way Study-Ferry Street & Ridge Road & Harriman Street-Patrick J. Blanchette & Counc. Pres. Vasquez-Ord. Cmt. 135/16 Re-adoption of the Revised Zoning Ordinances of the City of Lawrence and re-adoption of the updated Zoning Map-Anne-Marie Nyhan Doherty, Admin. Asst. & Daniel McCarthy, Land Use Planner- Ord. Cmt. 144/16 Sick Days for Substitute Teachers-Acceptance of G.L.c. 149, Sec. 148C- Counc. Alvarez-Rodriguez-Ord. Cmt. 202/16 Stop Sign-4 Way-Prospect and Knox Streets-Counc. Almonte-Ord. Cmt. 212/16 Barber Shops and Beauty Salons-closing times-Counc. Maldonado-Ord. Cmt. 222/16 Lawrence and Maple Streets-Review of Traffic conditions and appropriate signage- Counc. Alvarez-Rodriguez-Ord. Cmt. 224/16 Home Rule Petition-Charter Section 9.2 [b]re: “Citizen Initiative Measures”- Charles J. Boddy, Jr. City Attorney-Ord. Cmt. 234/16 Recall Petition Process-proposed reforms-Counc. Pres. Vasquez & Council Vice Pres. Laplante-Ord. Cmt. 236/16 Disclosure by members of the City Council-Counc. Maldonado-Ord. Cmt. 241/16 Taxi Fines-Ordinance-Atty. Charles D. Boddy, Jr.-Ord. Cmt. 259/16 No parking across 112-118 Beacon Ave. from 8:00am-12:00pm every Wednesday -Counc. Pres. Vasquez-Ord. Cmt. 316/16 Buswell Street-Alternate Side Street Parking [sec. 10.36.190]-Counc. Reyes-Ord. Cmt. 65/19 Handicapped Parking-102 Bailey Street., Apt. 1-DELETE-Xiomara Blanco-Ord. Cmt. 351/19 Handicapped Parking-REMOVAL-41 East Haverhill St.-Ann Balsamo-Ord. Cmt.

[Tuesday, January 21, 2020]

Doc. 308/14: Hillside Avenue-One Way Traffic-Counc. Vasquez-Ord Cmt. – Discharged from Cmt.- Public – Recommitted to Ord. Cmt.

Doc. 309/14: Ames Street-One Way Traffic-[from Haverhill Street to Yale Street]-Councilor Vasquez- Ord. Cmt.-Discharged from Cmt. - Recommitted to Ord. Cmt.

Council President Vasquez recommitted Documents 308/14 and 309/14 to the Ordinance Committee for further proceedings appearing on the Council Agenda.

VIII. OLD BUSINESS:

Doc. 308/19: Merrimack Street-4 Temporary Resident Parking Spaces (To expire upon completion of the Riverwalk Parking Garage)-Counc. Laplante (ref. to Off. Scanlon 10/15/19) (Ord. Cmt to be discharged) – Public Hearing Ordered- Pending LPD correspondence

Upon being recognized, Councilor Estella Reyes presented a motion to discharge the Ordinance

Committee pursuant to Rule 11 of the Rules of the City Council. The motion was seconded by Council Vice

President Laplante and unanimously [8-0] approved by Council Members present.

Upon being granted the floor, Council Vice President Laplante addressed the Council Members and requested that the item be discharged from the Ordinance Committee in order to allow necessary traffic controls be developed to alleviate parking issues of concern to residents of the neighborhood near the Merrimack Street gateway corridor which is involved in a long term construction project.

Upon being granted the floor, Councilor Estella Reyes suggested sending correspondence to the

Lawrence Police Department for additional information concerning necessary traffic regulations and/or traffic controls.

Upon being granted the floor, Councilor Estella Reyes presented a motion to order a public hearing on for measures that may be drafted in regard to the item presented and to send correspondence to the Lawrence

Police Department Traffic Control division to assist with appropriate review and placement of traffic controls that may be necessary. The motion was seconded by Councilor Payano and unanimously [8-0] approved by

Council Members present.

[Tuesday, January 21, 2020]

Doc. 308/19: Discharged from Cmt.-Public Hearing Ordered- Pending LPD reports and draft ordinance

Doc. 395/19: Ward F, Precinct 3-Poll Location Review-William J. Maloney, City Clerk (Ord. Cmt. to be discharged)-Notice to residents

Upon being recognized, Councilor Payano presented a motion to discharge the Ordinance Committee in order to allow the Council Members to address the matter presented.. The motion was seconded by Councilor

De La Cruz and unanimously [8-0] approved by Council Members present.

Upon being recognized, City Clerk Maloney discussed the success of changing the poll location for

District F-3 voters from the Branch Library to the South Lawrence East School to resolve the emergency of the failed elevator at the Brach Library discovered just prior to the Municipal Election held on November 5, 2019.

He informed the Council that it would be necessary to follow up by providing written notice to all voters in

District F3 of the changed poll location and that notice should be sent no later than 20 days prior to the upcoming Presidential Primary which takes place on March 3, 2020. He stated that the Election Division is prepared to send notice to approximately 2,000 registered voters in District F-3 announcing the new poll location at the South Lawrence East School located at 165 Crawford Street and requested that the City Council affirm its vote of October 31, 2019 ordering the changed poll location to the South Lawrence East School to assure that all voters and the public are aware of the changed poll location. He asked that the vote also direct the City Election Office affirm the changed poll location with the Secretary of State’s Office so that the records of the Commonwealth and the City of Lawrence are consistent with each other. He informed the City Council

Members that the statute requires the vote be recorded and notices be sent no later than February 12, 2020 which is 20 days prior to the Presidential Primary. He stated that changed poll location operated well despite the fact that the location was changed 5 days prior to the City Election in November of 2019. He also confirmed that all four poll locations serving voters in District F [F-1, F-2, F-3 and F-4] will be located in the

South Lawrence East School until further notice or unless changed. He stated further that locating all four poll locations in the same facility is consistent with the intentions of the City Council and the Administration to

[Tuesday, January 21, 2020] consolidate poll locations which will also assist with intent of the Department of Justice to require municipalities provide poll locations that are compliant with access regulations of the United States Americans with Disabilities Act. City Clerk Maloney asked for the consideration of the Council Members with the support of a vote to allow for District F-3 to remain at the South Lawrence East School permanently.

Upon being granted the floor, Councilor De La Cruz presented a motion to affirm the vote of October

31, 2019 to permanently assigned the poll location for District F-3 voters at the South Lawrence East School located at 167 Crawford Street in Lawrence, MA. The motion was seconded by Councilor Levy and unanimously [8-0] approved by Council Members

Upon being granted the floor, Councilor Payano presented a motion to direct the City Election Office to send notice of the changed poll location to District F-3 voters as required. The motion was seconded by

Councilor Levy and unanimously [8-0] approved by Council Members present.

Doc. 395/19: Discharged from Ord. Cmt./Affirmed F-3 Poll Location Vote/Notice to Voters

Doc. 399/19: Open Meeting Law Complaint-Martha Sybert-recd. 12-18-19 (Executive Session Anticipated) – Withdrawn

Upon being granted the floor, Councilor Estella Reyes informed the Council Members that the complaint filed in the above entitled matter has been resolved and the complainant will not be pursuing the matter further. Councilor Reyes presented a motion to withdraw the item from the City Council Agenda which was seconded by Councilor Abdoo.

Upon being recognized, Councilor Abdoo stated that he has been contacted by the complainant and confirmed that she will no longer be pursuing the matter presented in the complaint.

Upon no further comment or discussion presented, the Council Members present voted unanimously

[8-0] to withdraw the item from the City Council Agenda.

Doc. 399/19: Withdrawn

IX. TABLED MATTERS:

[Tuesday, January 21, 2020]

The following items remained “tabled” without further action:

148/11 Parking – Merrimack Street–alternate side parking–Counc. Laplante–Ord. Cmt. 133/14 Military/Veteran Recognition-Counc. Laplante 197/14 Double Poles–Locations–Review–Council Pres. Maldonado [ud][11-12-19] 311/14 Guilmette & Lawrence High Schools Litigation [Executive Session Anticipated]– Atty. Raquel D. Ruano, Ass’t. City Atty. 72/16 Residency requirement-City Employees – Home Rule Petition – Review – Council Pres. Vasquez – Ord. Cmt 125/17 Establishing maximum motor vehicle speed city wide to 25mph–Request to Amend Chapter 10.26 – Council Pres. Vasquez & Counc. Rodriguez – Public Hearing 162/17 Water and Sewer Department –Woodard & Curran update to City Council re: Lead and Copper tests per Mass DEP Regulation Daniel J. Lahiff, Acting Commissioner 221/17 Stop Sign–Intersection of Andover and Foster Streets–Counc. Vice Pres. Laplante–Public Hrg Pending- Traffic Study Ordered 392/17 Speed Limit–South Broadway [30 MPH]–Counc. Abdoo [T][2-6-18] 11/18 Creation of City Council Standing Subcommittee on Education – Counc. De La Cruz – Ord. Cmt 85B/18 Rental Insurance Policy Requirement for All Rental Units- [Sec. 15.12.065] - Counc. Payano – Public Hearing 110/18 Haverhill St–One way btwn Prospect and Haverhill Sts–Counc. Levy–Public Hearing Open [8-21-18] 121/18 Recycling Program Ordinance-Counc. Payano-Ord.[PH Closed][ud][01-07-20] 148/18 Lawrence Auxiliary Police – Council Vice Pres. Rodriguez & Counc. Payano – Public Safety Cmt. 168/18 Americans with Disabilities Act: Poll Accessibity Citations DOJ– [Executive Session Anticipated][T][08-21-18] 189/18 A&M Auto Body, Inc. – 341 South Broadway –Zoning Amendment [Executive Session Anticipated][T][01-29-19] 208/18 Handicapped Parking – 69 Greenwood Street – Counc. DePeña – Ord. Cmt. & Public Hearing to be Ordered 214/18 Board of Health Ordinance Amendment–Counc. Payano–Public Hearing Closed [8-21-18] 280/18 Stop Sign – 4-way – Alder and Hampshire Streets – Counc. Payano – Public Hearing 288/18 Private Livery & Taxis Services Office-Meditran, LLC - 49 Blanchard Street Ste. 207-3- Jose L. Fernandez –Sgt. Mélix Bonilla, Lawrence Police Dept. – Ord. Cmt.[T][09-05-18] 321/18 Order Pursuant to G.L. c. 56, sec. 60 issued by William F. Galvin, Secretary of the Commonwealth – Council Vice Pres. Rodriguez [T][09-18-18] 326/18 Lawrence Opioid Litigation – Counc. Payano and Council Vice Pres. Rodriguez [T][12-4-18] 328/18 Lawrence Emergency Response- Counc. Payano[T][09-18-18] 355/18 Arlington Street – One Way [30 minutes from 3pm to 3:30pm] in front of the Arlington School – Counc. DePeña-Ord. Cmt. [T] [05-21-19] 384/18 Resident Prkng 46-48 Kent Street–B. Roberge-PH-Op-Clsd-M to Aprv Pending [T][04-02-19] 388/18 Resolution - In honor of Patricia Karl – Counc. Payano – Ord. Cmt. 389/18 Department Heads Quarterly Report-Counc. Payano & Council Vice Pres. Rodriguez-Committee of the Whole [02-05-19][T] 69/19 Parking–15 minutes space–14 Lexington St.–Mello Supermarket-Counc. Reyes-Ord. Cmt. [ph closed] [06-04-19] 109/19 MA State Delegation Addresses to the Lawrence City Council [T][4-2-19] 142/19 Columbia Gas Update-Mark Kempic, Columbia Gas President/COO-Counc. Pres. Vasquez [ud] [11-12-19]

[Tuesday, January 21, 2020]

162/19 Allowing Commercial Vehicles to park on Union St.[East Side]-Counc. Laplante-Ord. Cmt. [T] [09-03-19] 170/19 Resolutions- Recognition of Lawrence Academic Achievers-Counc. Laplante-[T][06-04-19] 192/19 Proposed Five-Year Financial Forecast-Sean Cronin, Fiscal Overseer and Mayor Dan Rivera [T] [06-04-19] 218/19 National Grid and Verizon-Request to locate poles, wires and fixtures-John St. and Midland St. [T] [09-03-19] 224/19 Amend zoning Sec. 29-19 C5-permitted uses “shopping centers” and “car wash” – Counc. DePena [T] [11-12-19] 243/19 Request to display and sell produce-127 South Union St-Tropical Mini Market Corp.-Ysidro Polo-Ord. Cmt. [T] [09-03-19] 296/19 Museum Square Litigation-Dan Rivera, Mayor [T][09-03-19] 332/19 Sound the Alarm Program-American Red Cross-Counc. Laplante and Counc. Abdoo [T] [10-15-19] 354/19 Oliver School Building Project-[Executive Session Anticipated]-Cynthia Paris, Superintendent of Schools [T][11-12-19]

X. NEW BUSINESS:

Council President Vasquez brought the matters listed below to the attention of the Council Members present and referred each to the Council Subcommittee as indicated:

15/20 New Livery Company-Ride Plus Transportation, LLC-599 Canal Street-Sgt. Melix Bonilla, LPD – Ref. to Ord. Cmt. 16/20 Olive in July-Campagnone Common-07/10/2020 [Rain Date: 07/19/2020-Eulalia Feliz – Ref. to Ord. Cmt. 17/20 Handicapped Parking-76 Melvin Street Apt. 14-4-Nilda L. Carrasquillo – Ref. to Ord. Cmt. 18/20 Appointment of Eric Lundquist to the Conservation Commission-Mayor Dan Rivera – Ref. to Pers.Cmt. 19/20 Appointment of Nelson Butten-Lawrence Public Library Board of Trustees-Mayor Dan Rivera – Ref. to Pers. Cmt. 21/20 Handicapped Parking-10 Mason Street-Maria C. Martinez – Ref. to Ord. Cmt.

XI. ADJOURNMENT:

Upon Motion of Councilor Celina Reyes duly seconded by Councilor Estella Reyes, the Council

Members present voted unanimously to Adjourn.

ADJOURNED (09:09p.m.)

Attest:

William J. Maloney City Clerk Date Approved: 2-18-20

MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday February 4, 2020

A REGULAR MEETING of the City Council was held on Tuesday, February 4, 2020 at 7: 10 p.m. in the City Council Chamber, 200 Common Street, Lawrence, MA.

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B Councilor] – Present; Councilor Anna Levy [Councilor at Large] - Present; Councilor Celina Reyes [Councilor at Large] - Present; Councilor David Abdoo [District E Councilor] – Present; Councilor Pavel Payano [Councilor At Large] –– Present; Councilor Maria De La Cruz [Councilor District A] Present; Councilor Jeovanny Rodriguez [District D Councilor] – Present; Council Vice President Marc Laplante [District F Councilor] – Present; Council President Kendrys Vasquez [District C Councilor] – Present;

Other attendance matters:

Approximately Thirty-five [35] persons were present.

A Moment of Silence was held.

The Pledge of Allegiance was recited.

I. APPROVAL OF MINUTES:

Council President Vasquez informed the Council Members present that the minutes of City Council

Meetings conducted January 2, 2020 and January 7, 2020 were submitted by the City Clerk for consideration of approval of the City Council Members. Upon the motion of Councilor Estella Reyes to approve the minutes as presented duly seconded by Councilor Payano, the Council Members present voted unanimously [9-0] to approve the minutes.

II._PUBLIC PARTICIPATION:

[Tuesday, February 4, 2020]

Homayoun Maali, 53 Chester Street, Lawrence, MA stated that Mayor Rivera should show support the

Lawrence Police Department by finalizing contract negotiations with the Patrolman’s Union. He praised the

Lawrence Police Department, Police Chief Roy Vasque, Fire Department, Department of Public Works,

Lawrence Public Schools their Teachers and Unions, and Superintendent Cynthia Paris for their service to the

City of Lawrence . He stated former Mayor Sullivan’s cousin needs support. He stated that Mayor Rivera should live up to his campaign promise to “Save Lawrence Prosper Lawrence”.

Richard Russell, 34 Cross Street, Lawrence, MA referenced the “Valley Patriot” for its news articles reporting lower crime rates in the City of Lawrence. He suggested the Lawrence Police Department address

“quality of life issues” to further reduce crime. He discussed parking issues at Saint Ann’s. He discussed the

“Winter Parking” ordinance effective in the City for the entire winter and commented on the difficulty many residents have because they have no place to park to comply with “off street parking” requirements. He commented on “rent control” proposals in the City of Lawrence as a possibility to solve excessive rents being charged in the City of Lawrence. He urged the Council Members to refrain from making decisions based on

“political correctness”.

Upon no further comments from anyone who wish to speak, Council President Vasquez closed the public comment portion of the proceedings and proceeded with the Council Agenda items presented.

III. PUBLIC HEARINGS:

Doc. 7/20: National Grid and Verizon-Request to locate poles, wires and fixtures- Emmett St.-Dave Johnson, Eng. Dept.-Ord. Cmt.-Pub. Hrg. held - Approved

At the request of Council President Vasquez, the City Clerk read the public hearing notice regarding the above as published. Upon the conclusion of the Clerk’s reading of the public notice, Council President Vasquez opened the public hearing portion of the proceedings and invited anyone who wished to be heard to present themselves before the Council Members.

[Tuesday, February 4, 2020]

Upon being recognized, a representative of National Grid [unidentified] appeared and provided information to the City Council Members about the work which is to provide additional energy service to the

Weatherbee School.

Upon being granted the floor, Councilor Estella Reyes presented a motion to approve the petition presented which was seconded by Councilor Payano.

Upon being granted the floor, Councilor Abdoo posed questions to the National Grid representative concerning the work to be completed subject to the petition. Councilor Abdoo concluded by stating he has not heard from any constituents on the item presented.

Upon being granted the floor, Councilor Rodriguez asked if new lights would be placed on the poles installed. The National Grid representative stated that he was unaware of any new lights were part of the project stating that there is a project to install new lights on poles throughout the City of Lawrence. Councilor

Rodriguez asked the representative to communicate a request to use new lights when the new pole is installed.

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon the motion to approve the item presented by Councilor Estella Reyes, as seconded by Councilor

Payano, the Council Members present voted unanimously [9-0] to approve the petition presented.

Doc. 7/20: Approved

IV. COMMITTEE REPORTS:

Upon being recognized, Councilor Reyes presented a motion to consider the following items out of the order appearing on the City Council Agenda:

[Tuesday, February 4, 2020]

338/19 Taxi edallion Transfer #10-Epifania Gabin Santos to Antolin Santos-Sgt. Melix Bonilla, LPD Taxi Div. 369/19 New Livery Company-Siblings Transp., LLC-32 Storrow Street-Paula Odette Rivera 389/19 Taxi Medallion Transfer from Juan B. Polanco to Maria L. Rodriguez-Melix Bonilla, LPD, Taxis and Livery Serv. 390/19 2020 Renewal Taxi and Livery Companies-Melix Bonilla, LPD Taxis and Livery Services 15/20 New Livery Company-Ride Plus Transportation-599 Canal Street-Sgt. Melix Bonilla, LPD

Councilor Payano seconded the motion and the Council Members voted unanimously [9-0] to address the items out of the order appearing on the Council Agenda.

Doc. 338/19: Taxi Medallion Transfer #10-Epifania Gabin Santos to Antolin Santos- Sgt. Melix Bonilla, LPD Taxi Div.-Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item as seconded by Councilor Payano and Council Members present voted by roll call vote to approve the transfer as follows: Yes-8; No-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - No Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 338/19: Approved

Doc. 369/19: New Livery Company-Siblings Transp., LLC-32 Storrow Street- Paula Odette Rivera-Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Reyes presented the report of the Ordinance

Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item as seconded by Councilor Payano and unanimously approved by the Council Members present [9-0].

Doc. 369/19: Approved

[Tuesday, February 4, 2020]

Doc. 389/19: Taxi Medallion Transfer from Juan B. Polanco to Maria L. Rodriguez- Melix Bonilla, LPD, Taxis and Livery Serv. Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - No Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 389/19: Approved

Doc. 390/19: 2020 Renewal Taxi and Livery Companies- Melix Bonilla, LPD Taxis and Livery Services-Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item as seconded by Councilor Payano.

Upon being granted the floor, Council Vice President Laplante posed questions to Sargent Melix Bonilla regarding Uber and Lift services concerning the safety regulations that apply to taxi licenses issued by the City of Lawrence. Sargent Bonilla stated that the ride share operators are not regulated by the City of Lawrence at this time and unaware of any regulations applicable to ride share taxis or liveries.

Upon being granted the floor, Councilor Payano asked if the item presented in Document 390-2019 is the petition containing most of the taxi and livery license renewal applications. Council President Vasquez confirmed that the document presented are most of the taxi/livery petitions for renewal.

[Tuesday, February 4, 2020]

Upon no further inquiry, comment or discussion Council President Vasquez called the motion for approval to the attention of the Council Members present who voted to approve each of the taxi and/or livery licenses presented in the petition by unanimous [9-0] voice vote.

Doc. 390/19: Approved

Doc. 15/20: New Livery Company-Ride Plus Transportation-599 Canal Street- Sgt. Melix Bonilla, LPD-Ord. Cmt. - Approved

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item as seconded by Councilor Payano and unanimously approved by the Council

Members present [9-0].

Doc. 15/20: Approved

V. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Doc. 28/20: Greater Lawrence Technical High School Team Recognition- Counc. Pres. Vasquez- Presented

Upon being recognized, Councilor Payano presented a motion to take document 28/20 out of the order appearing on the agenda. The motion was seconded by Councilor Estella Reyes and unanimously approved by the Council Members present [9-0].

[7:32 p.m. - Council President Vasquez relinquished the Chair to Council Vice President Laplante to act as President pro tem and Chair of the Lawrence City Council]

Upon addressing the Council Members, Council President Vasquez presented the Resolution in recognition of the Greater Lawrence Technical High School Girls Soccer Team with Lawrence Members of the

Greater Lawrence School Committee Leo Lamontagne and Stephany Infante.

The following team members and coaches were honored:

Team Members:

[Tuesday, February 4, 2020]

Jaslyn Abreu Aleksa Adames Briana Aguinaga Alessia Barbara Priscilla Bonilla Alisson Calderon Brianna Candelario Jusni Diaz Alyssa Donovan Leticia Ferrari Tayah Gourley Courtney Johnson Kaylie Ortiz Briana Peralta Lisette Perez Amy Pham Chanel Pichardo Daisy Rivera Elainy Rivera Yohenly Solis

Coaches

Kelsey Cartwright Rebecca Roy

The Member of the Lawrence City Council stood in honor of the Greater Lawrence Technical High

School Girls Soccer Team and Coaches.

Doc. 28/20: Presented

[7:40 p.m. – Council Vice President relinquished his position as pro tem President and Chair to Council President Vasquez who resumed his position as President and Chair of the Lawrence City Council Session]

VI: Communication from Mayor, City Officials & City Attorney:

Doc. 24/20: US Census Bureau 2020 Presentation-Counc. Pres. Vasquez – Presented - Withdrawn

U.S. Census Bureau 2020 representative, Philip Delgarde addressed the City Council concerning the

United States Census Bureau’s efforts to count all Lawrence residents in the 2020 Federal Census. During the presentation, Mr. Delgarde described the efforts to reach as many residents of Lawrence and every city

[Tuesday, February 4, 2020] canvassed to assure the accuracy of political representation and other matters. He informed the Council

Members that there are about 50 organizations partnered with the U.S. Census Bureau to assist with counting the population. He stated that the Census Bureau is paying its workers 27.50 per hour for census related work.

He stated that general informational letters will be mailed on March 12, 2020 which will provide instructions and information about the 2020 Federal Census with additional information sent by a post card to be mailed on

March 16, 2020. He stated that paper questionnaires will be mailed on April 8, 2020 with notice of authorize canvassers being sent to the Lawrence Police to allow for any safety concerns of residents. He also described mobile census centers that will be established throughout Lawrence one of which will be at the Library Public

Library on Lawrence Street and the Lawrence Senior Center on Haverhill Street. Other facilities and locations may be r arranged if requested by Council Members on behalf of Lawrence residents.

Upon being granted the floor, Councilor Estella Reyes requested contact information which Mr.

Delgarde provided.

Upon being granted the floor, Councilor De La Cruz suggested hiring canvassers from within Lawrence

District. Mr. Delgarde stated that the Federal Census establishes political boundaries based on population and geographic locations (ie: rivers). He acknowledged that language sometimes presents a barrier to counting population due to the many languages spoken in many areas of the Country. He provided information about hiring census canvassers stating that those applying for positions in 2019 may have to wait up to nine months before being contacted for hire.

Upon being granted the floor, Councilor Abdoo asked about the legal obligations. He confirmed that the

Census is mandated by law and confirmed the responses are confidential.

Upon being granted the floor, Councilor Payano asked if there was any assistance the City of Lawrence may provide to help provide an accurate population count.

Council President Vasquez closed the presentation and thanked Mr. Delgarde for the information provided.

[Tuesday, February 4, 2020]

Upon being granted the floor, Councilor Estella Reyes moved to “withdraw” the item from the Council

Agenda. The motion was seconded by Councilor De La Cruz and unanimously [8-0] approved by Council

Members present [Councilor Abdoo being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 24/20: Presented-Withdrawn

Doc. 25/20: ClearGov Services review-Council Pers. Vasquez & Councilor Rodriguez – Presented-Withdrawn

Upon introduction by Council President Vasquez, Mr. Louie Alphano, ClearGov Services Account

Executive, presented information about the data sharing system offered by ClearGov Services.

Upon being granted the floor, Councilor Rodriguez stated the service will help provide better communication and transparency for use in service to the public. He requested more information about the new services offered be provided with additional information on training to use the system offered.

Upon being granted the floor, Councilor Payano commented the system provides a good tool to manage information for use with the public. He suggested the revenue stream information could be separated and educational expenditures measured and presented “per student” educational costs rather than “per resident”.

Mr. Alphano stated the report could deliver both “per capita” and “per student” cost analysis.

Upon being granted the floor, Councilor De La Cruz asked about periodic informational updates. Mr.

Alphano stated that information could be presented in a monthly report or at longer intervals.

Upon being granted the floor, Councilor Estella Reyes asked if the Council can request information be included in a report analysis. The representative stated that informational reports can be prepared and adjusted to meet the needs of the Council Members. Councilor Estella Reyes asked about cost of service which Mr.

Alphano stated that he could not provide a price for the service offered.

Upon no further inquiry comment or discussion, Council President Vasquez thanked the representative for the information.

[Tuesday, February 4, 2020]

Upon being granted the floor, Councilor Payano presented a motion to withdraw the item from the

Council Agenda. The motion was seconded by Councilor Estella Reyes and unanimously [9-0] approved to withdraw the item from the City Council Agenda.

Doc. 25/20: Presented-Withdrawn

VII. COMMITTEE REPORTS:

Doc. 16/20: Olive in July-Campagnone Common-07/12/2020[ Rain date: 07/19/2020-Eulalia Feliz-Ord. Cmt. – Approved

Councilor Estella Reyes presented a motion to take document 16/20 out of the order appearing on the agenda. The motion was seconded by Councilor Payano and unanimously approved by the Council Members present [9-0].

At the request of Council President Vasquez, Councilor Reyes presented the report of the Ordinance

Doc. 16/20: Approved

Doc. 19/20: Appointment of Nelson Butten to the Lawrence Public Library Board of Trustees- Mayor Dan Rivera-Pers. Cmt. – Approved

Councilor Abdoo presented a motion to take document 19/20 out of the order appearing on the agenda.

The motion was seconded by Councilor Estella Reyes and unanimously approved by the Council Members present [9-0].

At the request of Council President Vasquez, Councilor Abdoo presented the report of the Personnel

Committee recommending the appointment of Nelson Butten to the Lawrence Public Library Board of Trustees.

The report was presented in the form of a motion to approve the appointment as seconded by Councilor De La

Cruz.

[Tuesday, February 4, 2020]

Upon being granted the floor, Councilor Abdoo spoke in support of Mr. Butten citing his many years of active service in the Lawrence area over the course of approximately 20 years.

Upon being granted the floor, Council Vice President Laplante asked about the term of the appointment which Councilor Abdoo stated was for an indefinite pursuant to the City Ordinances.

Upon being granted the floor, Councilor Rodriguez posed questions to the applicant about his intention to serve on the Library Board of Trustees. Mr. Butten discussed his current work with the Lawrence Public

Schools and experience as a community organizer.

Upon being granted the floor, Councilor Payano spoke in support of Mr. Butten citing his association with the applicant for approximately 20 years. Councilor Payano stated that he believes Lawrence will be well served by Mr. Butten’s membership with the Library Board of Trustees. Councilor Payano informed the

Council Members that the City Attorney provided an opinion that certain boards require City Council approval reading into the record a portion of the written opinion provided by the City Attorney regarding Library Board of Trustees. [Note: a copy of the same was not provided for the record].

Upon being granted the floor Council Vice President Laplante stated that there does not appear to be a direct requirement that the City Council approve an appointment to the Library Board of Trustees. He stated he is unaware of any provision that requires City Council approval of Lawrence Library Board of Trustee

Members.

Upon being granted the floor, Councilor De La Cruz stated that people volunteer their time and thanked

Mr. Butten for his continued service to the City of Lawrence.

Upon being granted the floor, Councilor Estella Reyes spoke in support of Mr. Butten and thanked him for volunteering his time.

Upon no further inquiry, comment or discussion Council President Vasquez called the motion to approve as presented to the attention of the Council Members who voted unanimously [9-0] to approve the appointment of Nelson Butten as a Member of the Lawrence Public Library Board of Trustees.

[Tuesday, February 4, 2020]

Doc. 19/20: Approved

VIII. TABLED MATTERS:

Doc. 224/19: Amend zoning Sec. 29-19 C5-permitted uses “shopping centers” and “car wash” – Counc. DePena [T] [11-12-19] – Approved

Upon being recognized, Councilor Levy presented a motion to remove document 224/19 from “tabled” items. The motion was seconded by Councilor Estella Reyes and unanimously approved by the Council

Members present [9-0].

Upon being recognized, Councilor Levy presented a motion to approve the item presented which was seconded by Councilor Rodriguez.

Council President Vasquez announced the motion presented by Councilor Levy and opened the floor for discussion among the Council Members recognizing Councilor Abdoo stating that he would like to ask the applicant if he has been before the Zoning Board, the Redevelopment Authority or other Boards concerning this item. In response, Council President Vasquez identified Brian DePena [former City Council Member] as the applicant of the item under consideration of approval by the City Council.

Upon proceeding, Mr. DePena presented several drawings of plans for development of a location subject to the petition explaining the reasons for his support of the proposed zoning change presented for consideration thanking the Council Members for their support.

Upon taking the floor, Council President Vasquez stated that as a result of conversations with the City

Clerk the Mr. DePena may wish to exercise cautions because he is a former Member of the City Council stating that Mr. DePena may want to reach out to the Ethics Commission to determine whether he may advocate on behalf of this matter because he serve on the same City Council within the last year. Council President Vasquez stated that this matter may result in a claim of a conflict of interest allegation suggesting that the Ethics

Commission may provide an advisory opinion.

[Tuesday, February 4, 2020]

Upon being recognized, Councilor Payano stated that the lack of monetary gain may be important – the

City Clerk interjected that “monetary gain” is not the issue but whether or not there is a “conflict of interest”,

“undue influence” or the “appearance of impropriety” making it important t for “this Board” or Mr. DePena to get an opinion from the Ethics Commission as to whether or not Mr. DePena can act in a “representative capacity” or “advocate” on behalf of a petitioner in this matter which the Clerk stated may be possible.

Councilor Payano clarified that it seems appropriate that a former City Council may speak in favor of a matter before the City Council that he once served. He stated that it doesn’t seem to make sense that a former

Councilor would not be able to advocate for an item before the City Council after leaving the City Council.

Councilor Payano clarified further that he understands that if he were working for a petitioner he could see how that conflict would arise but outside of that he does not see it.

In further response, the City Clerk state that it would be one thing if the [former Councilor] were advocating on his own benefit and another thing if advocating for someone else as a former Councilor –stating that he does not know the answer to that question. He stated that the issue [conflict of interest and appearance of impropriety] is s serious matter and is not raised lightly. The City Clerk stated that he raised this matter as a

“cautionary note” and is not acting as the City Attorney. He concluded by stating it is up to the Council

Members to proceed is they wish to proceed.

Upon being recognized, Councilor Rodriguez asked Council President Vasquez if the issue concerning a conflict is whether former Councilor DePena is here or if it is his advocacy of the item. Council President

Vasquez responded by stating the conflict is the advocacy of former Councilor DePena is of concern.

Upon being asked about the issue regarding a possible conflict of interest, the City Clerk emphasized that he is not determining the matter but only raising the issue that it may be improper or create an appearance of impropriety for a former City Council Member to represent former constituents before the City Council

[Tuesday, February 4, 2020]

Board which he served. By analogy, if Mr. DePena was not a former City Council Member there may be no issue whether he may act in a representative capacity regarding the petition.

In response, Councilor Rodriguez stated that the fact is that Mr. DePena was asked questions about the petition as “the author of the item” by Councilor Abdoo.

[NOTE: Mr. DePena left the City Council Chamber at this time and did not return]

Upon being recognized, Councilor Estela Reyes stated that Mr. DePena place the item on the Council

Agenda concerning a project that he has no part in which required a petition to amend the zoning bylaws which presents two different matter. She stated that the appearance or his lack of presence of Mr. DePena makes no difference whether or not the Council may consider the petition.

In further discussion, Council President Vasquez stated that the issue concerning a possible ethical violation is a matter that is raised more for the protection of former Councilor DePena. Council President informed the Council Members that his concern about a possible conflict was raised with the City Clerk because he believed the property that would benefit from the zoning amendment belonged to former Councilor DePena.

He stated that he “assumed” former Councilor DePena was the property owner. Councilor Rodriguez interjected that former Councilor DePena is not the property owner. Council President Vasquez acknowledged that Mr. DePena left the Council Chamber which may help relieve any pressure for the Council Members to vote one way or the other allowing the Council Members the ability to make a determination by our own means.

Council President Vasquez informed the Council of the pending motion to approve the item presented by Councilor Levy as seconded by Councilor Rodriguez and inquired if there were any additional comments or discussion by the Council Members present.

Upon being granted the floor, Council Vice President Laplante informed the Council Members that the

Planning Board filed an unfavorable recommendation recording a unanimous vote with the City Council as required which he emphasized indicates that the Planning Board does not want the City Council to approve this item. Councilor Laplante stated further that the Planning Board considered the matter in greater detail than he

[Tuesday, February 4, 2020] has which he believes is an indicator that the Planning Board does not consider the petition to be a good proposal giving pause when asked to consider and approve a contrary determination. He stated further that he believes the petition doesn’t affect one parcel of land but is a zoning change that affects many parcels. He stated that there is no one present before the Council to offer information to support the proposal which will affect many other locations and areas similarly zoned. For these reasons he is not comfortable considering approval of the petition presented for consideration.

Upon being recognized, Councilor Rodriguez provided information concerning the history of the location that would directly benefit from the petition if allowed. He discussed the planning district overlay petition presented about a year ago that resulted in a vote to prohibit shopping centers and car washes as part of its overall plan. He stated that the petition before the Council Members was filed after the overlay was approved and it now would operate to amend the overlay plan by allowing shopping centers and car washes to be granted by special permit after review.

Upon being recognized, Councilor Abdoo stated that his inquiry concerned other boards or commissions that may have been presented petitions related to this matter stating further that his interest concerned whether not the train station located in the area that would benefit from rezoning obtained approvals from the Historical

Commission. He stated that he intended to ask questions about the historical value of the former train station at this location but will not be able to ask questions about it because there is no one present who has any information about it to question. Councilor Abdoo continued by stating he is not in a favor of the petition given the unfavorable recommendation of the Planning Board on the item which, if approve, will create an exception to the overly district plan which he voted to approve more than a year ago.

Upon being recognized, Councilor Payano stated that he wished he had done his due diligence when the petition to approve the overlay district was presented more than a year ago so it would include shopping centers and car wash facilities. He stated that Sal Lupoli has provided significant development with that area of

Merrimack Street with shopping centers and other complexes being built. He stated that it makes sense to

[Tuesday, February 4, 2020] provide the same opportunity to others in the other end of Merrimack Street to allow businesses to develop. He stated that the petition is a petition to change the zoning in the location only and that other petitions will be required before the Zoning Board and possibly the Historic Commission which will require an evaluation of the projects presented petitions for a variance or a permit to be decided at that time. He stated that he is voting in favor of the petition presented because he was not aware that his vote to approve the overlay district would result in the inability of an entrepreneur to develop that area of Merrimack Street.

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez called upon the Council Members present to consider the motion presented.

Upon a motion to approve the measure presented by Councilor Levy, as seconded by Councilor

Rodriguez, the Council Members present voted by roll call vote to approve the measure as follows:

Yes-7; No-2

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - No Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - No Council President Kendrys Vasquez - Yes

Doc. 224/19: Approved

IX. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Doc. 29/20: Memorial Street Sign for Marcos “Tony” Ruiz and City Proclamation- Counc. Pres. Vasquez – Ref. to Ordinance Cmt.

Doc. 30/20: Request for Authorization to Expend Cultural Investment Portfolio Grant [2,500.00] Cassandra Abou-Farah, Library Asst. Dir. – Ref. to Budget & Finance Cmt.

Council President Vasquez called the above items to the attention of the Council Members as appearing on the Agenda which was referred as indicated.

Doc. 29/20: Ref. to Ordinance Cmt.

[Tuesday, February 4, 2020]

Doc. 30/20: Ref. to Budget & Finance Cmt.

Doc. 398B/19: Emergency Project Appr. [1,000,000.00]-Mayor Dan Rivera- Budget & Finance Cmt. - Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Abdoo and unanimously [9-0] approved by the Council Members present.

Doc. 398B/19: Approved

X. COMMITTEE REPORTS:

Doc. 207/19: Handicap Parking-78 Bunkerhill Street- Fatima Vidal-Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing as seconded by Councilor Payano and unanimously approved by the Council Members present [8-0][Councilor Levy being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 207/19: Public Hearing Ordered

Doc. 210/19: Fifteen Minute Parking-169 Newbury Street-Bienvenido Terrero-Counc. De La Cruz-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 210/19: Public Hearing Ordered

[Tuesday, February 4, 2020]

Doc. 220/19: Handicap Parking-26 Wyman Street-William A. Vaitkunas-Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 220/19: Public Hearing Ordered

Doc. 223/19: Parking - [15 min]-38 Avon Street-Councilor Reyes-Ord. Cmt. -Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 223/19: Public Hearing Ordered

Doc. 253/19: [2] Handicap Parking-137 Oxford Street-Carmen & Jose Torres- Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 253/19: Public Hearing Ordered

[Tuesday, February 4, 2020]

Doc. 270/19: 10 Minute Parking [between 12pm-11pm]-94 South Union St. (in front of Lightship Liquors-Counc. Laplante-Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 270/19: Public Hearing Ordered

Doc. 272/19: Resident Only Parking-Worswick Terrace-Various Residents- Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 272/19: Public Hearing Ordered

Doc. 273/19: Handicap Parking-25 Bromfield Street-Luisanny De La Cruz- Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 273/19: Public Hearing Ordered

[Tuesday, February 4, 2020]

Doc. 277/19: Handicap Parking-31 Kendrick Street-Eliezer Gil-Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 277/19: Public Hearing Ordered

Doc. 305/19: Spruce and Center Street-Four Way Stop-Mayor Dan Rivera- Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 305/19: Public Hearing Ordered

Doc. 310/19: Handicap Parking-20 Swan Street-Rosa Ines Gomez-Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 310/19: Public Hearing Ordered

[Tuesday, February 4, 2020]

Doc. 315/19: One Side Parking Only-Sunset Ave.-Counc. De Pena-Ord. Cmt.-Pub. Hrg. Ordered

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing as seconded by Councilor Payano and Council Members present voted by roll call vote to approve ordering a Public Hearing as follows: Yes-7; No-1; Present-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Present Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – No

Doc. 315/19: Public Hearing Ordered

316/19 Stop Sign at the corner of Whitman and Tenney St.-Counc. Pres. Vasquez- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing as seconded by Councilor Rodriguez and unanimously approved by the Council Members present [9-0]

Doc. 316/19: Public Hearing Ordered

X. WITHDRAWALS:

Upon being recognized, Councilor Estella Reyes presented a motion to present the following items “as a block” to consider withdrawing each item from the City Council Agenda. The motion was seconded by

Councilor Payano and unanimously [8-0] approved by vote of the Council Members present [Councilor Levy being absent from the Council Chamber at the time the vote was called and recorded].

326/16 Loading Zone-36 Brook Street-Counc. Reyes-Ord. Cmt. - Withdrawn

[Tuesday, February 4, 2020]

346/16 Resident Parking-Park Street and Jackson Street-Counc. Reyes-Ord. Cmt. - Withdrawn 360/16 Prohibition for posting bills and flyers on light poles-Counc. Rodriguez-Ord. Cmt. - Withdrawn 364/16 Poll Location E-3 to be moved from the Frost School, 33 Hamlet St. to the South Congregational Church, 198 S. Broadway- Counc. Maldonado-Ord. Cmt. - Withdrawn 369/16 Handicapped Parking-64 Elm Street-Carmen I. Benitez-Ord. Cmt. - Withdrawn 374/16 Rental Contract Approval Ordinance-Counc. De Pena-Ord. Cmt.- Withdrawn 381/16 Traffic Control Review and Installation-Marston Street at Ferry Street-Counc. Ortiz-Ord. Cmt. – Withdrawn 385/16 Alternate Parking-Thorndike Street-Counc. Reyes-Ord. Cmt. - Withdrawn 391/16 Speed Limit-20 mph-Winthrop Avenue between Chickering and North Parish Roads- Counc. Pres. Laplante-Ord. Cmt. - Withdrawn 399/16 Handicapped Parking-227 Bruce Street-Counc. Reyes-Ord. Cmt. - Withdrawn 412/16 Review and Revamp Rental Agreement for the use of the Veteran’s Memorial Stadium- Counc. Alvarez-Rodriguez-Ord . Cmt. – Withdrawn 413/16 Review of Ch. 12.24.010, 12.24.020 Parks and Playground Use; Ch. 12.28 Use of Public Places to amend ordinance affecting Veteran’s Memorial Stadium-per Rpt. Of Cmt. Of the Whole-Ord. Cmt. – Withdrawn 2/17 Bromfield Street-Request to re-instate alternate side parking [Winter Parking]-Roberto Santiago- Ord. Cmt. - Withdrawn 28/17 Brook Street-Request to be added to the “Winter Parking Ordinance”-[10.36.031]- Counc. Ortiz-Ord. Cmt. - Withdrawn 39/17 “Winter Parking Ordinance” Review-[10.36.031]-Counc. Maldonado-Ord. Cmt. - Withdrawn 49/17 Loading Zone-Jackson Street-Brunswick House-to be created-Mayor Dan Rivera-Ord. Cmt. – Withdrawn 66/17 Director of Community Policing Outreach; Creation of new ordinanced position- Mayor Dan Rivera-Ord Cmt. - Withdrawn 80/17 City Parking Review-Methuen Street and Common Street Parking Lots-Counc. Maldonado & De Pena-Ord. Cmt. - Withdrawn 102/17 East Kingston Street-to be re-named-Mayor Dan Rivera-Ord. Cmt. - Withdrawn 18/20 Appointment of Eric Lundquist to the Conservation Commission-Mayor Dan Rivera-Pers. Cmt. – Withdrawn

The following items were recommitted to the Ordinance Committee for further proceedings:

406/16 Excavation Permit Process and Re-inspection-Review-Counc. Alvarez-Rodriguez-Ord. Cmt. – Re-committed to Ord. Cmt. 416/16 Approval of Riverview Place/Nightingale Court as a public way-Mayor Dan Rivera and Counc. Jeovanny Rodriguez-Ord. Cmt. – Re-committed. to Ord. Cm.t 417/16 Approval of Embankment Street as a public way-Mayor Dan Rivera and Counc. Jeovanny Rodriguez- Re-committed to Ord. Cmt. 81/17 Traffic Management during construction in the City of Lawrence-Counc. Rodriguez-Ord. Cmt.- Re-committed to Ord. Cmt. 89/17 Gas Leak Repairs and Emergencies Response-Counc. Rodriguez-Ord. Cmt. – Re-committed to Ord. Cmt. 121/17 Stop Sign-4 way-Corner of Phillips Street and Bailey Street-Counc. Pres. Vasquez & Counc. Vice Pres. Laplante-Ord. Cmt. – Re-committed to Ord. Cmt.

[Tuesday, February 4, 2020]

XI. OLD BUSINESS:

Upon being granted the floor, Councilor Estella Reyes presented a motion to “table” the item presented.

The motion was seconded by Council Vice President Laplante and unanimously [8-0] approved by Council

Members present [Councilor Levy being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 308/19: Tabled

Doc. 20/20: Loan Order to Authorize Borrowing [8,000.000.00] for Museum Square Parking Garage- Mayor Dan Rivera- (Discharge B& Fin. Cmt.)-Ord. Cmt.

Upon being recognized, Council Vice President Laplante presented a motion to discharge the item from assignment to the Ordinance Committee [per City Council Rule 11] to allow the City Council Members to immediately address the item. The motion was seconded by Councilor Abdoo and Council Members present vote by roll call vote and defeated the motion as follows: Yes-3; No-5: Absent-1

Councilor Estela Reyes - No Councilor Ana Levy - Absent Councilor Celina Reyes - No Councilor David Abdoo - Yes Councilor Pavel Payano - No Councilor Maria De La Cruz - No Councilor Jeovanny Rodriguez - No Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 20/20: Ord. Cmt.

[Tuesday, February 4, 2020]

XII. TABLED MATTERS:

Doc. 69/19: Parking–15 minutes space–14 Lexington St.–Mello Supermarket-Counc. Reyes- Ord. Cmt. [PH held and closed][06-04-19] – Addressed

Upon a motion presented by Councilor Estella Reyes, as seconded by Councilor Payano, the Council

Members present voted unanimously [8-0] to remove Doc. 69/19 from the table [Councilor Levy being absent from the Council Chamber at the time the vote was called and recorded].

Upon being granted the floor, Councilor Estella Reyes suggested that the above item was previously approved and requested it be removed from the City Council Agenda.

[Note: the City Clerk stated the item was previously approved by the City Council and will confirm and report to the Council].

Doc. 69/19: Addressed

The following items remained “tabled” without further action:

148/11 Parking – Merrimack Street–alternate side parking–Counc. Laplante–Ord. Cmt. 133/14 Military/Veteran Recognition-Counc. Laplante 197/14 Double Poles–Locations–Review–Council Pres. Maldonado [ud][11-12-19] 72/16 Residency requirement-City Employees – Home Rule Petition – Review – Council Pres. Vasquez -Ord. Cmt 125/17 Establishing maximum motor vehicle speed city wide to 25mph–Request to Amend Chapter 10.26 – Council Pres. Vasquez & Counc. Rodriguez – Public Hearing 221/17 Stop Sign–Intersection of Andover and Foster Streets–Counc. Vice Pres. Laplante– Public Hrg Pending-Traffic Study Ordered 11/18 Creation of City Council Standing Subcommittee on Education – Counc. De La Cruz – Ord. Cmt 85B/18 Rental Insurance Policy Requirement for All Rental Units- [Sec. 15.12.065] - Counc. Payano – Public Hearing 110/18 Haverhill St–One way btwn Prospect and Haverhill Sts–Counc. Levy– Public Hearing Open [8-21-18] 121/18 Recycling Program Ordinance-Counc. Payano-Ord.[PH Closed][ud][01-07-20] 148/18 Lawrence Auxiliary Police – Council Vice Pres. Rodriguez & Counc. Payano – Public Safety Cmt. 168/18 Americans with Disabilities Act: Poll Accessibity Citations DOJ– [Executive Session Anticipated][T][08-21-18] 189/18 A&M Auto Body, Inc. – 341 South Broadway –Zoning Amendment [Executive Session Anticipated][T][01-29-19] 208/18 Handicapped Parking – 69 Greenwood Street – Counc. DePeña – Ord. Cmt. & Public Hearing to be Ordered 214/18 Board of Health Ordinance Amendment–Counc. Payano–Public Hearing Closed [8-21-18]

[Tuesday, February 4, 2020]

XIII. NEW BUSINESS:

Council President Vasquez brought the matters listed below to the attention of the Council Members present and referred each to the Council Subcommittee as indicated:

23/20 Application for Second Hand/Old Gold-Carlos Camacho – Ref. to Ord. Cmt. 26/20 City Charter Review 2020-Counc. Pres. Vasquez – Ref. to Charter Review Cmt. 27/20 East Haverhill Street One Way from East Pleasant St. to Marston St. [7am-8am & 2pm-4pm] when school is in session- Counc. Celina A. Reyes – Ref. to Ord. Cmt.

XIV. ADJOURNMENT:

Upon Motion of Councilor Estella Reyes duly seconded by Councilor Abdoo, the Council Members present voted unanimously to Adjourn.

[Tuesday, February 4, 2020]

ADJOURNED (09:13p.m.)

Attest:

William J. Maloney City Clerk

Date Approved: 2-18-20

MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday February 18, 2020

A REGULAR MEETING of the City Council was held on Tuesday, February 18, 2020 at 7: 07 p.m. in the City Council Chamber, 200 Common Street, Lawrence, MA.

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B] – Present; Councilor Anna Levy [Councilor at Large] - Present; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E] – Present; Councilor Pavel Payano [Councilor At Large] –– Absent; Councilor Maria De La Cruz [District A] Present; Councilor Jeovanny Rodriguez [District D] Absent; Council Vice President Marc Laplante [District F] – Present; Council President Kendrys Vasquez [District C] – Present;

Other attendance matters:

Approximately Thirty-one [31] persons were present.

A Moment of Silence was held.

The Pledge of Allegiance was recited.

I. APPROVAL OF MINUTES:

Council President Vasquez informed the Council Members present that the minutes of City Council

Meetings conducted January 21, 2020 and February 4, 2020 were submitted by the City Clerk for consideration of approval. Upon the motion of Councilor Levy to approve the minutes as presented duly seconded by

Councilor Celina Reyes, the Council Members present voted unanimously [7-0] to approve the minutes.

II._PUBLIC PARTICIPATION:

[Tuesday, February 18, 2020]

Homayoun Maali, 53 Chester Street, Lawrence, MA stated that Mayor Rivera should support and finalize contract negotiations with the Patrolman’s Union of the Lawrence Police Department. He praised the

Lawrence Police Department, Police Chief Roy Vasque, Fire Department, Department of Public Works,

Lawrence Public Schools their Teachers and Unions, and Superintendent Cynthia Paris for the work they provide to the City of Lawrence. He spoke in remembrance of former Councilor Roger Twomey who recently passed away and commented on the recent murder of Antonio Ruiz who worked for the Lawrence Public Works

Department who was senselessly killed while at work.

Richard Russell, 34 Cross Street, Lawrence, MA spoke in remembrance of former City Councilor Roger

Twomey stating that the Council Members may want to establish a memorial. He stated that the State of the

City address will be presented later during the City Council Meeting and commented on the inordinate expansion of affordable housing in Lawrence. He stated that despite statistical data confirming a reduction in crime in the City of Lawrence the local print media has refused to report because it reflects positively on the

City of Lawrence.

Estella Reyes, District B City Councilor, informed the Council Members, all present and the public that it is City Council President Kendrys Vasquez’ birthday and wished him a Happy Birthday.

Upon no further comments offered, Council President Vasquez closed the Public Comment portion of the proceedings and called the next item of business to the attention of the Council Members.

III. PUBLIC HEARINGS:

Doc. 210/19: Fifteen Minute Parking-169 Newbury Street-Bienvenido Terrero-Counc. De La Cruz-Ord. Cmt.-Pub. Hrg held - Approved

[Tuesday, February 18, 2020]

Upon no discussion or comment offered by anyone present, Council President Vasquez closed the public comment portion of the proceedings and called upon the Council Members present to offer comment or discussion.

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented. Upon a motion to approve presented by Councilor De La Cruz, as seconded by Councilor

Estella Reyes, the Council Members present voted unanimously [7-0] to approve the measure.

Doc. 210/19: Approved

Doc. 223/19: Parking - [15 min]-38 Avon Street-Counc. Reyes-Ord. Cmt.-Pub. Hrg. held – Approved

Upon no discussion or comment offered by the Council Members present, Council President Vasquez closed the discussion portion of the hearing and called upon the Members present to consider the matter presented. Upon a motion to approve the measure presented by Councilor Estella Reyes, as seconded by

Councilor Levy, the Council Members present voted unanimously [7-0] to approve the measure.

Doc. 223/19: Approved

[Tuesday, February 18, 2020]

Doc. 270/19: 10 Minute Parking [between 12pm-11pm]-94 South Union St. (in front of Lightship Liquors-Counc. Laplante-Ord. Cmt.-Pub. Hrg.held – Approved

Upon being granted the floor, Council Vice President Laplante presented a motion to approve the measure as presented, which was seconded by Councilor De La Cruz.

Upon being granted the floor, Council Vice President Laplante acknowledged former Alderman Tony

Silva.

Upon no further discussion or comment offered by the Council Members present, Council President

Vasquez closed the discussion portion of the hearing and called upon the Members present to consider the matter presented. Upon a motion to approve the measure presented by Council Vice President Laplante, as seconded by Councilor De La Cruz, the Council Members present voted unanimously [7-0] to approve the measure.

Doc. 27019: Approved

Doc. 316/19: Stop Sign at the corner of Whitman and Tenney St.-Counc. Pres. Vasquez- Ord. Cmt.-Pub. Hrg. held - Approved

[Tuesday, February 18, 2020]

Councilor Celina Reyes, the Council Members present voted unanimously [7-0] to approve the measure.

Doc. 316/19: Approved

Doc. 371A/19: Application of New Cingular Wireless to Install Small Cell Facility (dba AT&T) –Pole #84-Near 270 Ames Street-Edward Pare, Esq.-Ord. Cmt.-Pub. Hrg. held - Approved

At the request of Council President Vasquez, the City Clerk read the public hearing notice regarding the two documents above as published. Upon the conclusion of the Clerk’s reading of the public notice, Council

President Vasquez opened the public hearing portion of the proceedings and invited anyone who wished to be heard to present themselves before the Council Members.

Upon being recognized, Michael Goldman, Counsel appearing on behalf of AT&T [the petitioner], presented a description of the project for the installation of a small cell facility at the location presented in the petition.

Upon being recognized, Richard Russell, 34 Cross Street, Lawrence, MA, stated he questioned the propriety of placing new cell stations in relation to the new cell phone use restrictions put into effect in the

Commonwealth of Massachusetts that prohibit drivers from using cell phone while operating a motor vehicle.

[Tuesday, February 18, 2020]

Upon being granted the floor, Councilor Celina Reyes presented a motion to approve the petition which was seconded by Councilor Abdoo.

Upon being granted the floor, Councilor Abdoo asked about the petition and questions that the service being provided did not offer newer 5G service. Attorney Goldman stated that 5G upgrade will be available at a later date after the initial installation is in place.

Upon being granted the floor, Councilor De La Cruz asked about the use fees paid by utility companies and contract agents for the installation on existing or new utility pole locations. In response, Council President

Vasquez informed the Council Members that contractors typically pay fees to use and access existing pole to facilitate the installation of items presented for consideration much like the item presented for approval by the petitioner. He stated that the owner of the pole location is paid the use fee by the contracting agency and the

City of Lawrence is paid the fee assessed to the owner. Councilor De La Cruz suggested that the use fee should be increased to generate additional revenue.

Upon no further discussion or comment offered by the Council Members present, Council President

Vasquez closed the discussion portion of the hearing and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure presented by Councilor Celina Reyes, as seconded by Councilor

Abdoo, the Council Members present voted unanimously [7-0] to approve the measure.

Doc. 371A/19: Approved

Doc. 371B/19: Application of New Cingular Wireless to Install Small Cell Facility (dba AT&T) –Pole #84-Near 298 So. Broadway-Edward Pare, Esq.-Ord. Cmt.-Pub. Hrg. held – Approved

[Tuesday, February 18, 2020] opened the public hearing portion of the proceedings and invited anyone who wished to be heard to present themselves before the Council Members.

On conclusion of the announcement of the public hearing, Council President Vasquez informed the

Council Members that the petition is similar to the previous petition presented for placement of a small cell installation but at a difference location.

Upon a motion to approve the measure presented by Councilor Estella Reyes, as seconded by Councilor

Levy, the Council Members present voted unanimously [7-0] to approve the measure.

Doc. 371B/19: Approved

IV. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Doc. 29/20: Memorial Street Sign for Marcos “Tony” Ruiz and City Proclamation- Counc. Pres. Vasquez-Ord. Cmt. – Presented

Councilor Abdoo presented a motion to take document 29/20 out of the order appearing on the agenda.

The motion was seconded by Councilor Reyes and unanimously approved by the Council Members present

[7-0].

Council President Vasquez began the presentation proceedings with a moment of silence.

Upon being recognized, Greg Morris from the Department of Public Works addressed the City Council

Members stating that the death of Public Works Member Tony Ruiz occurred tragically on January 23, 2020 while Tony was working repairing potholes near Clifton and Andover Street. He recounted the reports of the

[Tuesday, February 18, 2020] his death by gun shots inflicted by an unknown assailant who fled the scene in a car. Mr. Morris stated that the sympathy and support of the many Public Works employees and others gathering at the Methuen Loop off

Route 113 on the day of the funeral is a testament to the good nature and kindness that marked Tony’s life. Mr.

Morris thanked the Council Members for recognizing Tony Ruiz in memoriam and asked for all to provide assistance to the surviving Members of Tony’s Family by providing generous donations to the fund established.

Council President Vasquez read the Resolution into the record and presented a copy of the signed document to Mr. Morris to provide to the family.

Mr. Morris concluded by informing the Council Members of the memorial plaque to be installed at the

Public Works offices on Auburn Street and invited everyone to attend the installation ceremony.

Doc. 29/20: Presented

V: Communication from Mayor, City Officials & City Attorney:

Doc. 46/20: State of the City Address-Mayor Dan Rivera – Presented

Mayor Rivera presented the State of the City Address in accord with the City Charter.

Doc. 46/20: Presented

VI. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Doc. 38/20: Order Authorization to Expend Funds [15,000]-Harvard School of Health awarded to Mayor’s Task Force-Office of Planning & Development-Susan Fink, Mgr. of Fin. & Admin. Services – Ref. to Budget & Finance Cmt.

Doc. 39/20: Order Authorization to Expend Funds [400,000]-Renovations to Storrow Park-Office of Planning & Development-Susan Fink, Mgr. of Fin. & Admin. Services – Ref. to Budget & Finance Cmt.

Doc. 40/20: Order Authorization to Expend Funds [137,500]-Mass in Motion Grant awarded to Mayor’s Task Force-Office of Planning & Development- Susan Fink, Mgr. of Fin. & Admin. Services – Ref. to Budget & Finance Cmt.

Doc. 45/20: Order Authorization to Expend Funds [250,000]-Mass Development Grant awarded to Tombarello Site-Office of Planning & Development-Esther Encarnacion, Bus. & Economic Dev. Proj. Officer – Ref. to Budget & Finance Cmt.

[Tuesday, February 18, 2020]

Doc. 50/20: Appropriation Transfer from Columbia Gas Account to Council on Aging Repairs- [150,000.00]-Mayor Dan Rivera –Ref. to Budget & Finance Cmt.

Council President Vasquez called the above items to the attention of the City Council Members and referred each to the City Council Subcommittee for further proceedings as indicated.

Doc. 38/20: Ref. to Budget & Finance Cmt. Doc. 39/20: Ref. to Budget & Finance Cmt. Doc. 40/20: Ref. to Budget & Finance Cmt. Doc. 45/20: Ref. to Budget & Finance Cmt. Doc. 50/20: Ref. to Budget & Finance Cmt.

Doc. 20/20: Loan Order to Authorize Borrowing [8,000.000.00] Museum Square Parking Garage [Executive Session Anticipated]-Mayor Dan Rivera (Budget & Fin. Cmt. Report-Ord. Pub. Hrg) – Public Hearing Ordered

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending a public hearing on the item presented. The report was presented in the form of a motion to order a public hearing which was seconded by Councilor Estella Reyes.

Upon being granted the floor, Councilor Levy inquired about information requested from the City

Attorney. Council President Vasquez stated that information concerning litigation that may be presented by the

Office of the City Attorney will be made available through the Council Agenda item established as a vehicle for

City Council discussion and consideration. He stated further that the only item before the City Council is a vote to order a public hearing on the loan order necessary to fund necessary construction.

Upon being granted the floor, Councilor De La Cruz asked if Counsel from Museum Square may be present at the public hearing.

Upon being recognized, Councilor Levy presented a motion to send correspondence to the City Attorney to be present at the Public Hearing. The motion was seconded by Councilor De La Cruz and unanimously [7-0] approved by Council Members present.

Upon being granted the floor, Council Vice President Laplante asked about the next City Council

Meeting. Council President Vasquez stated the next City Council meeting will be held on March 10, 2020.

[Tuesday, February 18, 2020]

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez called upon the Members present to consider the matter presented. Upon a motion to order a

Public Hearing presented by Council Vice President Laplante, as seconded by Councilor Estella Reyes, the

Council Members present voted unanimously [7-0] to order a public hearing on the Loan Order.

Doc. 20/20: Public Hearing Ordered

Upon taking the floor, Council President Vasquez informed the Council Members and the public that the

City Council Meetings will be held during March on Tuesday March 10, 2020 and Tuesday, March 24th, 2020.

He stated that this departure from the usual meeting dates on the first and third Tuesday of each month is due to the Presidential Primary on Tuesday, March 4, 2020 and to allow the Council Subcommittees to conduct their proceedings.

Doc. 30/20: Request for Authorization to Expend Cultural Investment Portfolio Grant-[2,500]- Cassandra Abou-Farah, Library Asst. Director- Budg. & Fin. Cmt. – Approvee

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor De La Cruz and unanimously [7-0] approved by the Council Members present.

Cassandra Abou-Farah Library Asst. Director thanked the City Council for the opportunity to…..

Doc. 30/20: Approved

VII. COMMITTEE REPORTS:

Doc. 23/20: Application for Second Hand/Old Gold-Carlos Camacho-Ord. Cmt. – Approved

Councilor Estella Reyes presented a motion to take document 23/20 out of the order appearing on the agenda. The motion was seconded by Councilor Abdoo and unanimously approved by the Council Members present [7-0].

[Tuesday, February 18, 2020]

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item, seconded by Councilor De La Cruz and unanimously approved by the Council

Members present [7-0].

Doc. 23/20: Approved

Doc. 314/19: Winter Parking Ordinance-Ferguson Street-request to add-Counc. Laplante- Ord. Cmt.-Pub Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing as seconded by Councilor De La Cruz and unanimously approved by the Council Members present [7-0].

Doc. 314/19: Public Hearing Ordered

Doc. 327/19: Handicapped Parking-98 Jackson Street-Darma Rodriguez-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 327/19: Public Hearing Ordered

Doc. 328/19: Handicapped Parking-531 Haverhill Street-Wilson Ortiz-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 328/19: Public Hearing Ordered

[Tuesday, February 18, 2020]

Doc. 337/19: 15 minute parking-64 Milton Street-La Nena Supermarket-Marisol Cruz- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 337/19: Public Hearing Ordered

Doc. 342/19: Stop Sign-Andover Street at the Foster Street Intersection-Counc. Laplante- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 342/19: Public Hearing Ordered

Doc. 343/19: Stop Sign-Intersection of East Cambridge and Osgood Street-Counc. Laplante- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 343/19: Public Hearing Ordered

Doc. 344/19: Handicapped Parking-[2] Spaces-393 Chestnut Street-Michael Ortiz-Counc. Reyes- Ord Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the Ordinance

Committee recommending a public hearing on the measure presented. The report was presented in [Tuesday,

[Tuesday, February 18, 2020] the form of a motion to order a public hearing as seconded by Councilor De La Cruz and unanimously approved by the Council Members present [7-0].

Doc. 344/19: Public Hearing Ordered

Doc. 345/19: Handicapped Parking-1 Currier Street-Ana Gabriel Leger-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 345/19: Public Hearing Ordered

Doc. 346/19: Handicapped Parking-61 Nesmith Street-Renee Karko-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 346/19: Public Hearing Ordered

Doc. 347/19: Handicapped Parking-to be Repealed-34 Kendall Street-Counc. De La Cruz- Ord. Cmt.-Pub. Hgr. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 347/19: Public Hearing Ordered

[Tuesday, February 18, 2020]

Doc. 366/19: No Parking Bruce Street and Park Street-6am til 5pm-Mon-Fri.-Mayor Dan Rivera, Counc. Reyes & GLCAC- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 366/19: Public Hearing Ordered

Doc. 367/19: No Parking-Tenney Street, East side from corner of Lea and Tenney Sts. To Arlington St.- Mayor Dan Rivera & Pres. Vasquez-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 367/19: Public Hearing Ordered

Doc. 370/19: Handicapped Sign-121 Stearns Ave.-Counc. Pres. Vasquez-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 370/19: Public Hearing Ordered

Doc. 372/19: Handicapped Parking-6 Chester Street-Oscar Garcia- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

[Tuesday, February 18, 2020]

Doc. 372/19: Public Hearing Ordered

373/19 Four way stop at Pleasant Street and Woodland Street-Counc. De La Cruz- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 373/19: Public Hearing Ordered

Doc. 382/19: Handicapped Parking-41 Durham Street-Counc. Abdoo- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 382/19: Public Hearing Ordered

Doc. 394/19: Handicapped Parking-25 Basswood Street-Angel R. Silverio- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 394/19: Public Hearing Ordered

Doc. 402/19 No Parking-No. Parish Road(south side-7am-9am on days school is in session only)- Counc. De Pena- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the Ordinance

Committee recommending a public hearing on the measure presented. The report was presented in

[Tuesday, February 18, 2020] the form of a motion to order a public hearing as seconded by Councilor De La Cruz and unanimously approved by the Council Members present [7-0].

Doc. 402/19: Public Hearing Ordered

Doc. 17/20: Handicapped Parking-76 Melvin St. Apt. 14-4-Nilda L. Carrasquillo- Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing as seconded by Councilor Levy and unanimously approved by the Council Members present [7-0].

Doc. 17/20: Public Hearing Ordered

Doc. 21/20: Handicapped Parking-10 Mason Street-Maria C. Martinez-Ord. Cmt.-Pub. Hrg. Ord.

At the request of Council President Vasquez, Councilor Estella Reyes presented the report of the

Doc. 21/20: Public Hearing Ordered

VIII. WITHDRAWALS: None.

IX. OLD BUSINESS: None.

X. TABLED MATTERS: None.

The following items remained “tabled” without further action:

148/11 Parking – Merrimack Street–alternate side parking–Counc. Laplante–Ord. Cmt. 133/14 Military/Veteran Recognition-Counc. Laplante 197/14 Double Poles–Locations–Review–Council Pres. Maldonado [ud][11-12-19] 72/16 Residency requirement-City Employees – Home Rule Petition – Review – Council Pres. Vasquez – Ord. Cmt 125/17 Establishing maximum motor vehicle speed city wide to 25mph–Request to Amend Chapter 10.26 – Council Pres. Vasquez & Counc. Rodriguez – Public Hearing

[Tuesday, February 18, 2020]

221/17 Stop Sign–Intersection of Andover and Foster Streets–Counc. Vice Pres. Laplante–Public Hrg Pending-Traffic Study Ordered 11/18 Creation of City Council Standing Subcommittee on Education – Counc. De La Cruz – Ord. Cmt 85B/18 Rental Insurance Policy Requirement for All Rental Units- [Sec. 15.12.065] - Counc. Payano – Public Hearing 110/18 Haverhill St–One way btwn Prospect and Haverhill Sts–Counc. Levy– Public Hearing Open [8-21-18] 121/18 Recycling Program Ordinance-Counc. Payano-Ord.[PH Closed][ud][01-07-20] 148/18 Lawrence Auxiliary Police – Council Vice Pres. Rodriguez & Counc. Payano – Public Safety Cmt. 168/18 Americans with Disabilities Act: Poll Accessibity Citations DOJ– [Executive Session Anticipated][T][08-21-18] 189/18 A&M Auto Body, Inc. – 341 South Broadway –Zoning Amendment [Executive Session Anticipated][T][01-29-19] 208/18 Handicapped Parking – 69 Greenwood Street – Counc. DePeña – Ord. Cmt. & Public Hearing to be Ordered 214/18 Board of Health Ordinance Amendment–Counc. Payano–Public Hearing Closed [8-21-18] 326/18 Lawrence Opioid Litigation – Counc. Payano and Council Vice Pres. Rodriguez [T][12-4-18] 328/18 Lawrence Emergency Response- Counc. Payano[T][09-18-18] 355/18 Arlington Street – One Way [30 minutes from 3pm to 3:30pm] in front of the Arlington School – Counc. DePeña-Ord. Cmt. [T] [05-21-19] 389/18 Department Heads Quarterly Report-Counc. Payano & Council Vice Pres. Rodriguez- Committee of the Whole [02-05-19][T] 142/19 Columbia Gas Update-Mark Kempic, Columbia Gas President/COO- Counc. Pres. Vasquez [ud] [11-12-19] 162/19 Allowing Commercial Vehicles to park on Union St.[East Side]-Counc. Laplante- Ord. Cmt. [T] [09-03-19] 170/19 Resolutions- Recognition of Lawrence Academic Achievers-Counc. Laplante-[T][06-04-19] 243/19 Request to display and sell produce-127 South Union St-Tropical Mini Market Corp.- Ysidro Polo-Ord. Cmt. [T] [09-03-19] 296/19 Museum Square Litigation-Dan Rivera, Mayor [T][09-03-19] 308/19 Merrimack Street-4 Temporary Resident Parking Spaces (To expire upon completion of the Riverwalk Parking Garage)-Counc. Laplante (ref. to Off. Scanlon 10/15/19)(PH Ordered)[T][02-04-20] 354/19 Oliver School Building Project-[Executive Session Anticipated]-Cynthia Paris, Superintendent of Schools [T][11-12-19] 22/20 Museum Square Litigation-Counc. Payano [T][01-21-20]

XI. NEW BUSINESS:

Council President Vasquez brought the matters listed below to the attention of the Council Members present and referred each to the Council Subcommittee as indicated:

31/20 Iglesia Cristo Rios de Agua Viva-Preach the Gospel-Kennedy Park, Misserville Park, Roswell Park, Costello Park, Reviviendo Park-Second Friday May-Sept. 2020-Graciela Gual – Ref. to Ord. Cmt. 32/20 Handicapped Parking [PETITION TO DELET]-124 Phillips Street-Diana Santos – Ref. to Ord. Cmt.

[Tuesday, February 18, 2020]

33/20 Disclosure by Municipal Employee-Josue F. Pichardo – Ref. to Ord. Cmt. 34/20 Iglesia de Jesucristo Misionera-Faith March-06/7/20-Pemberton Park-Annerys Fernandez

35/20 Iglesia Pentecostal Cristo Rompe Las Cadenas-Preach the Gospel-Plainsinon Park, Sullivan Park, McDermott Park, Reviviendo Park, Roswell Park, Campagnone Park-[Various Dates-see petition]- Jessica Ishag & Abner Merced – Ref. to Ord. Cmt. 36/20 East side Osgood St.-1 hour parking from Merrimack St. to a point 60ft southbound- Counc. VP Laplante – Ref. to Ord. Cmt. 37/20 West side Osgood St.-1 hour parking on entire street-from Merrimack St. to railroad tracks- Counc. VP Laplante – Ref. to Ord. Cmt. 41/20 Seventh Day Adventist Church-Back to School Event [08-08-20]-Campagnone Common- Anthony Galan – Ref. to Ord. Cmt. 42/20 Handicapped Parking-694 Lowell Street-Ezequiel Navedo – Ref. to Ord. Cmt. 43/20 Handicapped Parking-74 Howard Street-Rafael Gomez – Ref. to Ord. Cmt.

44/20 National Grid-Installation of underground facilities-Valley Street-Dave Johnson, Eng. Dept. – Ref. to Ord. Cmt. 47/20 Lawrence St. Patrick’s Day Parade [3-14-20][1-4 pm]-Kate Reilly, Chair of St. Patrick’s Day Parade Committee – Ref. to Ord. Cmt. 48/20 Parking [20 min]-113 South Union Street-Counc. Levy – Ref. to Ord. Cmt. 49/20 Report on Board and Commissions-Counc. Rodriguez – Ref. to Pers. Cmt.

XII. ADJOURNMENT:

Upon Motion of Councilor Abdoo duly seconded by Councilor Levy, the Council Members present voted unanimously to Adjourn.

ADJOURNED (08:30p.m.)

Attest:

William J. Maloney City Clerk

Date approved: 3-10-20

MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday March 10, 2020

A REGULAR MEETING of the City Council was held on Tuesday, March 10, 2020 at 7: 18 p.m. in the City Council Chamber, 200 Common Street, Lawrence, MA.

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B] – Present; Councilor Anna Levy [Councilor at Large] - Present; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E] – Absent at roll call; Councilor Pavel Payano [Councilor At Large] –– Present; Councilor Maria De La Cruz [District A] Present; Councilor Jeovanny Rodriguez [District D] Absent; Council Vice President Marc Laplante [District F] – Present; Council President Kendrys Vasquez [District C] – Present;

Councilor Abdoo arrived at 9:00 p.m.

Other attendance matters:

Approximately Thirty-two [32] persons were present.

A Moment of Silence was held.

The Pledge of Allegiance was recited.

I. APPROVAL OF MINUTES:

Council President Vasquez informed the Council Members present that the minutes of City Council

Meetings conducted February 18, 2020 were submitted by the City Clerk for consideration and acceptance of the City Council Members. Upon the motion of Councilor Estela Reyes to approve the minutes as presented duly seconded by Councilor Celina Reyes, the Council Members present voted by roll call vote as follows to approve the minutes. Yes-5; Present-2; Absent-2

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Absent Councilor Pavel Payano - Present

[Tuesday, March 10, 2020]

Councilor Maria De La Cruz - Present Councilor Jeovanny Rodriguez - Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

II._PUBLIC PARTICIPATION:

Homayoun Maali, 53 Chester Street, Lawrence, MA demanded Mayor Rivera support the Lawrence

Police Department by finalizing contract negotiations with the Patrolman Association Union. He praised the

Lawrence Police Department, Police Chief Roy Vasque, Fire Department, Department of Public Works,

Lawrence Public Schools their Teachers and Unions, and Superintendent Cynthia Paris for the work they provide to the City of Lawrence . He stated that Mayor Rivera should deliver on his campaign promise to

“Save Lawrence Prosper Lawrence”. He asked for people to assist those affected by the corona virus.

Richard Russell 34 Cross Street, Lawrence, MA spoke about the upcoming St. Patrick’s Day holiday and festivities. He commented on the winter parking ban dates stating that it will soon end. He asked the City

Council to help prevent pedestrians from walking near the railroad tracks commenting on the recent tragedy.

III. PUBLIC HEARINGS:

Doc. 20/20: Loan Order to Authorize Borrowing [8,000,000.00] - Museum Square Parking Garage- Mayor Dan Rivera-Pub. Hrg. [open & closed]-Tabled

[Tuesday, March 10, 2020]

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented. Upon a motion to “table” the matter presented by Councilor Estela Reyes, as seconded by

Councilor Payano, the Council Members present voted unanimously [7-0] to “table” the item.

Doc. 20/20: Tabled

Doc. 207/19: Handicap Parking-78 Bunkerhill Street-Fatima Vidal-Ord. Cmt.-Pub. Hrg held – Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon being recognized, Councilor Estela Reyes presented a motion to approve the measure which was seconded by Councilor Celina Reyes and unanimously [6-0] approved by vote of the Council Members present

[Council Vice President Laplante being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 207/19: Approved

[Tuesday, March 10, 2020]

Doc. 220/19: Handicap Parking-26 Wyman Street- William A. Vaitkunas-Ord. Cmt.-Pub. Hrg. held – Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approved presented by Councilor Estela Reyes, as seconded by Councilor Payano, the

Council Members present voted unanimously [7-0] to approved the measure.

Doc. 220/19: Approved

Doc. 253/19: [2] Handicap Parking-137 Oxford Street- Carmen & Jose Torres-Ord. Cmt.-Pub. Hrg. held – Approved

[Tuesday, March 10, 2020]

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approved presented by Councilor Estela Reyes, as seconded by Councilor Celina

Reyes, the Council Members present voted unanimously [7-0] to approved the measure.

Doc. 253/19: Approved

Doc. 272/19: Resident Only Parking-Worswick Terrace-Various Residents- Ord. Cmt.-Pub. Hrg. held – Approved/30 days waived

Upon invitation to comment, Mr. Espinosa, a resident of Worswick Terrace, stated that resident parking is necessary to allow residents in the area to park near their homes. He stated that parking restrictions are needed because the street is too narrow to allow trash pick-up.

Upon being invited to comment, Rena Casada of 51 Worswick Terrace, stated the street is too narrow for trash pick-up and snow removal. She stated only two residents live on the street and the parking restriction will help residents of Worsick Terrace reasonable parking.

Upon being granted the floor, Councilor Estela Reyes presented a motion to approve the measure and to waive any 30 days waiting period that may apply pursuant to section 3.8(a) of The Lawrence City Charter. The motion was seconded by Councilor Payano.

[Tuesday, March 10, 2020]

Upon being granted the floor, Councilor Payano stated the street is small and narrow which will help allow the ability to provide necessary City services to the residents of the area.

Upon no further discussion or comment offered by the Council Members present, Council President

Vasquez closed the discussion portion of the hearing and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure and waive the 30 day waiting period as may be required by section 3.8(a) of the Lawrence City Charter presented by Councilor Estela Reyes, as seconded by Councilor

Payano, the Council Members present voted unanimously [7-0] to approve the measure and waive any applicable 30 day waiting period required by the City Charter.

Doc. 272/19: Approved/30 days waived

Doc. 273/19: Handicap Parking-25 Bromfield Street-Luisanny De La Cruz- Ord. Cmt.-Pub. Hrg. held-Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approved presented by Councilor Estela Reyes, as seconded by Councilor, De La Cruz the Council Members present voted unanimously [7-0] to approved the measure.

[Tuesday, March 10, 2020]

Doc. 273/19: Approved

Doc. 277/19: Handicap Parking-31 Kendrick Street-Eliezer Gil-Ord. Cmt.-Pub. Hrg. held – Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approved presented by Councilor Estela Reyes, as seconded by Councilor, De La Cruz the Council Members present voted unanimously [7-0] to approved the measure.

Doc. 277/19: Approved

Doc. 305/19: Spruce and Center Street-Four Way Stop-Mayor Dan Rivera- Ord. Cmt.-Pub. Hrg. held – Approved/30 days waived

[Tuesday, March 10, 2020]

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure and waive the 30 day waiting period pursuant to section

3.8(a) of the Lawrence City Charter presented by Councilor Estela Reyes, as seconded by Councilor Payano, the Council Members present voted unanimously [7-0] to approve the measure and waive any applicable 30 day waiting period required by the City Charter.

Doc. 305/19: Approved/30 days waived

Doc. 308A/19: Merrimack Street-Resident Parking-Counc. Laplante [308/19 to remove from “table”]- Pub. Hrg held – Approved/30 days waived

Upon offering public comment, Ronald Quinn 277 South Union Street, Lawrence, MA stated the ordinances are necessary.

Upon being invited to offer public comment on the proposed measure, Daniel Miller stated that he owns rental property in the neighborhood and opposes resident parking because it will not permit those who need access to the residents and businesses in the area to park in the area without a parking violation. He stated that as the owner of rental property in the neighborhood he often parks in the area and regularly spends long periods of time at his property providing repairs, collecting rents, and meeting with tenants. He urged the Council

Members not to approve the parking restriction.

Upon being invited to comment, Jennifer [last name inaudible] of 277 Merrimack Street stated resident parking is necessary with other traffic controls to address parking problems all along Merrimack Street and the

[Tuesday, March 10, 2020] side streets off of Merrimack Street. She asked the Council Members to approve the measures presented for consideration this evening to help solve some of the parking problems of the residents in the neighborhood.

Upon being granted the floor, Council Vice President Laplante presented a motion to approve the measure presented which was seconded by Councilor Payano.

Upon being granted the floor Council Vice President Laplante stated that the parking controls presented are necessary to address several parking issues on Merrimack Street. He stated the proposed ordinances will help provide the availability of parking to residents in the area. He stated further that the measures presented this evening are “temporary” and will be replaced by permanent measures upon the completion of the reconstruction of Merrimack Street as a major access corridor. Council Vice President Laplante stated that he is aware of the access to businesses and residents by those who may own property in the neighborhood and stated that discussions with the City Clerk suggest that there may be resolutions available during the time period the temporary measures are in effect. He stated that further discussion with parking enforcement may be helpful to assure property and business owners continue to have access to the residential and business properties they service during until the construction is completed and final parking controls are in place.

Upon being granted the floor, Councilor Payano asked if the proposed measures have considered issues of area businesses. In response, Council Vice President Laplante informed the Council Members that the proposed ordinances presented as Document 308A, 308B and 308C have been subject to meetings held with residents and business owners of Merrimack Street and the surrounding neighborhood and represent a cumulative temporary solution that appears to help resolve parking issues occurring during construction. .

Upon continuing, Councilor Payano stated that he is satisfied that Council Vice President Laplante appears to have sufficient addressed the matter.

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Upon being granted the floor, Councilor Estela Reyes agreed that the parking restriction in the

Merrimack Street area are necessary and the ordinances presented for consideration address some of the issues that have been highlighted during the reconstruction of Merrimack Street and the impact it has had on the neighborhood. Further discussion ensued among Council Members regarding the proposed amendment presented for consideration.

Upon no further discussion or comment offered by the Council Members present, Council President

Vasquez closed the discussion portion of the hearing and called upon the Members present to consider the matter presented.

Upon a motion to approved presented by Council Vice President Laplante, and waive the 30 day waiting period required by section 3.8(a) of The Lawrence City Charter, as seconded by Councilor Payano, the Council

Members present voted unanimously [7-0] to approve the measure and waive any applicable 30 day requirements provided by the Lawrence City Charter.

Doc. 308A/19: Approved/30 days waived

Doc. 308B & 308C/19: Merrimack Street-One Hour Parking (6 am to 3 pm)-North & South Side of Street- Counc. Laplante [308/19 to remove from “table”]-Pub. Hrg. Held – Approved/30 days waived

Upon invitation to offer public comment on the proposed measure, Eli Haddad of Wilmot Street,

Lawrence, MA spoke in support of the proposed amendments presented.

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[Tuesday, March 10, 2020]

Upon being granted the floor, Council Vice President Laplante presented a motion to approve the proposed measure and to waive the 30 day waiting period required by section 3.8(a) of The Lawrence City

Charter. The motion was seconded by Councilor Payano.

Upon being recognized, Councilor Payano asked if it may be helpful to adjust the parking restriction reducing it from one hour to 30-45 minutes stating that it may help present employees working in businesses in along Merrimack Street from moving their vehicles on a regular basis to allow greater access and availability of parking for use by patrons of nearby businesses on Merrimack Street. In response Council Vice President

Laplante stated that the consensus of residents and business owners is that the one hour time limit may work stating further that the ordinance could be revisited if it needs to be adjusted.

Upon no further discussion or comment offered by the Council Members present, Council President

Vasquez closed the discussion portion of the hearing and called upon the Members present to consider the matter presented.

Members present voted unanimously [7-0] to approve the measure and waive any applicable 30 day requirements provided by the Lawrence City Charter.

Doc. 308B/19 & 308C/19: Approved/30 days waived

Doc. 310/19: Handicap Parking-20 Swan Street-Rosa Ines Gomez-Ord. Cmt.-Pub. Hrg. Held – Approved

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[Tuesday, March 10, 2020] opened the public hearing portion of the proceedings and invited anyone who wished to be heard to present themselves before the Council Members.

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented. Upon a motion to approve the measure presented by Councilor Estela Reyes, as seconded by

Councilor, Payano the Council Members present voted unanimously [7-0] to approve the measure.

Doc. 310/19: Approved

Doc. 314/19: Winter Parking Ordinance-Ferguson Street-request to add to Winter Parking Ordinance [Sec. 10.36.031]-Counc. Laplante-Pub. Hrg. Held – Approved

Upon being recognized, Greg Morris, Public Works supervisor and resident of 27 Ferguson Street,

Lawrence, MA spoke in support of the measure explaining it will help residents during the time period the winter parking ordinance is in effect.

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[Tuesday, March 10, 2020]

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure presented by Council Vice President Laplante, as seconded by

Councilor Estela Reyes the Council Members present voted unanimously [7-0] to approve the measure.

Doc. 314/19: Approved

Doc. 315/19: One Side Parking Only-Sunset Ave.-Counc. De Pena-Ord. Cmt.-Pub. Hrg. Held - Tabled

Upon being granted the floor, Councilor Estela Reyes presented a motion to approve the measure as presented which was seconded by Councilor Payano.

Upon taking the floor, Council President Vasquez stated he discussed the matter with the residents of

Sunset Avenue and others in the neighborhood stating that residents appear to prefer that the street be changed to a one way street.

Upon being granted the floor, Councilor Estela Reyes moved to “table” the measure to allow further discussions with the area residents. The motion was seconded by Council Vice President Laplante and unanimously [7-0] “tabled” by Council Members present.

Doc. 315/19: Tabled

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Doc. 367/19: No Parking-Tenney Street, east side from corner of Lea and Tenney Sts. to Arlington St.- Mayor Dan Rivera & Pres. Vasquez-Pub. Hrg. held – Tabled

Upon a motion to “Table” the measure presented by Councilor Estela Reyes, as seconded by Councilor

Celina Reyes the Council Members present voted unanimously [6-0] to “Table” the measure [Councilor Payano being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 367/19: Tabled

Doc. 402/19: No Parking-North Parish Road (south side-7:00am to 9:00am on days school is in session only) - Counc. De Pena-Pub. Hrg. Held – Tabled

Upon invitation to present public comment, Ester [last name inaudible], a resident of North Parish Road, stated that employees operating trash collection trucks for JRM Carting Company park their trucks near

Lawrence High School blocking parking spaces that residents would be using. She stated that the ordinance is necessary to allow area residents and others to access parking during the unrestricted time period if the ordinance is approved.

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[Tuesday, March 10, 2020]

Upon being granted the floor, Councilor Estela Reyes presented a motion to approve the measure as presented, which was seconded by Councilor Celina Reyes.

Upon being granted the floor, Council Vice President Laplante stated he is discussing the issue with

Lawrence School Officials to include issued that may affect parking for school employees and personnel who work at Lawrence High School.

Upon being granted the floor, Councilor Rodriguez stated that the resident appears to request resident parking restrictions to limit the trash pick-up vehicles from parking on the street.

Upon being recognized, Council Vice President Laplante suggested that his discussions with the JRM

Carting Company have been positive and the time restriction should be sufficient but would like the opportunity to see if it resolve the problem.

Upon continuing, Council Vice President Laplante presented a moved to “table” the measure which was seconded by Councilor Levy and unanimously [6-0] approved by the Council Members present [Councilor

Payano being absent from the Council Chamber at the time the vote was called and recorded].

Doc. 402/19: Tabled

IV. COMMITTEE REPORTS:

Doc. 33/20: Disclosure by Municipal Employee-Josue F. Pichardo-Ord. Cmt. - Approved

Upon being recognized, Councilor Estela Reyes presented a motion to take document 33/20 out of the order appearing on the agenda. The motion was seconded by Councilor De La Cruz and unanimously approved by the Council Members present [6-0][Councilor Payano being absent from the Council Chamber at the time the vote was called and recorded].

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[Tuesday, March 10, 2020]

Upon being granted the floor, Councilor Estela Reyes presented a motion to approve the item presented.

The motion was seconded by Councilor Levy and unanimously [7-0] approved by the Council Members present.

Doc. 33/20: Approved

V: Communication from Mayor, City Officials & City Attorney:

Doc. 63/20: Education Budget approval process with input from Lawrence School Committee- Kassandra Infante, Lawrence School Cmt. – Request Opinion of City Attorney- Invitation to ELA Chair- Withdrawn w/o Prejudice

Upon being recognized, Kassandra Infante [District A School Committee Member] along with Jonathan

Guzman [District F School Committee Member] and Joshua Alba [District D School Committee Member] of the Lawrence School Committee presented a prepared statement regarding the inability to advocate as elected representatives of the Lawrence School Committee. School Committee Member Infante discussed and explained the budget process to be undertaken by the Lawrence School committee. She stated that the efforts of the Lawrence School Committee Members are focused upon improving the quality of education in Lawrence.

Upon being recognized, Jonathan Guzman, District F Lawrence School Committee Member, discussed open forum events that are held are intended to help improve educational services to the City of Lawrence. He recognized the goals of state receivership of the Lawrence Public Schools commenting that none of the goals have been met. He stated that School Committee Members have not been allowed to present or provide input to the receivership process of achieving its goals.

Upon being granted the floor, Councilor Payano stated that during his term as a Member of the

Lawrence School Committee that he understood that the State Receiver has no oversight authority over the ability of the School committee Members to meet. Councilor Payano posed questions to School Committee

Member Infante discussing the limits placed on School Committee Members to provide agenda items.

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[Tuesday, March 10, 2020]

Upon continuing, Councilor Payano presented a motion to send correspondence to the City Attorney for an opinion concerning the Lawrence School Committee ability to schedule meetings, create an agenda and hold public meetings during State Receivership. The motion was seconded by Councilor Celina Reyes and unanimously [7-0] approved by Council Members present.

Upon continuing, Councilor Payano discussed Lawrence School Department operations during

Receivership. Councilor Payano presented a motion to send correspondence to Education Learning Association

[hereinafter referenced as “ELA] to invite the chair of the ELA to attend the City Council Meeting within 30 days [04-07-20] and provide a report to the City Council on receivership. The motion was seconded by

Councilor Levy.

Upon being granted the floor, Council Vice President Laplante asked if quarterly reports were being provided by the State Receiver as required. In response, Councilor Payano explained the receiver is required to file a “turnaround plan” on a quarterly basis. Councilor Payano provided further information about the work of the ELA and how it operates during the receivership.

Upon being granted the floor, Councilor De La Cruz stated that the parents of the children have not been mentioned as part of efforts to improve education. She stated that funds should be used to improve education and not for teacher or administrative salaries.

Upon being recognized, School Committee Member Jonathan Guzman assured the City Council

Members that parents would be included in plans to structure educational improvements.

Upon being granted the floor, Councilor Estela Reyes inquired about their expectations and intended accomplishments as Members of the Lawrence School Committee. In response, School Committee Member.

Infante stated that she is elected to represent the Lawrence Community and advocated on their behalf before those responsible to oversee education in the Lawrence Public Schools. School Committee Guzman stated that he would like to assure the students are adequately represented during the receivership with the goal of returning the responsibility to oversee education returned to elected representatives.

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[Tuesday, March 10, 2020]

Upon continuing, Councilor Estela Reyes informed the City Council Members that she shares the sentiments of the School Committee Members appearing before the Lawrence City Council and thanked them for the information provided asking that continue to keep the City Council Members informed so appropriate action can be taken by the City Council when necessary.

Upon no further comments, discussion or inquiry by the Council Members present, Council President

Vasquez called the Motion of Councilor Payano to send an invitation to the chair of the Education & Learning

Association [ELA] to attend the session of the City Council within 30 days. Upon the motion presented by

Councilor Payano, the Council Members voted unanimously [7-0] to approve the motion as presented.

Upon being granted the floor, Councilor Payano discussed his experiences as a member of the Lawrence

School Committee before the receivership was put into place and after it became effective.

Upon being granted the floor, Council Vice President Laplante thanked School Committee Members

Infante, Guzman and Alba for providing current information concerning the State Receivership of the Lawrence

Public Schools and asked that they provide reports to the City Council Members in the future/

Upon being granted the floor, Councilor De La Cruz thanked School Committee Member Infante stating that the Members of the Lawrence School Committee and the Lawrence City Council work work together on this matter.

Upon being granted the floor, Councilor Levy thanked the School Committee representatives for appearing before the City Council.

Upon no further inquiry comments or discussion, Councilor Payano presented a motion to “withdraw” the item from the Council Agenda without prejudice. The motion was seconded by Councilor Levy and unanimously [7-0] approved by Council Members present.

Doc. 63/20: Withdrawn w/o Prejudice

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[Tuesday, March 10, 2020]

Doc. 71/20: JRM Carting Discussion-Counc. Jeovanny Rodriguez – Tabled

Upon being recognized, Councilor Payano presented a motion to send correspondence to JRM and

“Table” the item presented. The motion was seconded by Councilor Levy and unanimously [70] approved by

Council Members present.

Doc. 71/20: Tabled

VI. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Council President Vasquez called the following items to the attention of the Council Members as appearing on the Agenda which were referred as indicated:

Doc.64/20: Resolution-Jim Ross-Counc. De La Cruz – Ref. to Ord. Cmt.

Doc. 58/20: Request to Authorize to Expend grant funds-Washer-Extractor Grant Program [11, 215.00]-Chief Brian F. Moriarty, Fire Dept. - Ref. to Budget & Finance Cmt.

Doc. 59/20: Request to Authorize to Expend grant funds-Emergency Performance (EMPG) Grant-[25, 600.00]-Chief Brian F. Moriarty, Fire Dept. – Ref. to Budget & Finance Cmt.

Doc. 62/20: Acceptance of 2020 Mass Save Municipal Partnership Program Grant-Columbia Gas & National Grid [25, 000.00]- Evelyn Urena, Housing Manager-Office of Planning & Development – Ref. to Budget & Finance Cmt.

Doc. 65/20: Approval of Funds for Firefighters Union Collective Bargaining Agreement-Mayor Dan Rivera –Ref. to Budget & Finance Cmt.

Doc. 66/20: Appropriation Transfer-From:Library’s Personell Salary-[016110-5110]-To:Utilites Energy[016110-5210]-[60,000]- Jessica Vilas Novas, Library Director – Ref. to Budget & Finance Cmt.

Doc. 67/20: Acceptance of Funds Relating to FY 19 Surplus Budget-[Up to 150,000]-Chief Roy Vasque, Lawrence Police Dept. –Ref. to Budget & Finance Cmt.

VII. COMMITTEE REPORTS:

Doc. 38/20: Order Authorization to Expend Funds [15,000]-Awarded to Mayor’s Task Force-Office of Planning & Development-Susan Fink, Mgr. of Fin. & Admin. Services- Budg. & Fin. Cmt. – Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was

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[Tuesday, March 10, 2020] presented in the form of a motion to approve the item which was seconded by Councilor De La Cruz and unanimously [7-0] approved by the Council Members present.

Doc. 38/20: Approved

Doc. 39/20: Order Authorization to Expend Funds [400,000] Renovations to Storrow Park-Office of Planning & Development-Susan Fink, Mgr. of Fin. & Admin. Services- Budg. & Fin. Cmt. – Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor De La Cruz and unanimously [7-0] approved by the Council Members present.

Doc. 39/20: Approved

Doc. 40/20: Order Authorization to Expend Funds [137,500] Mass in Motion Grant awarded to Mayor’s Task Force-Office of Planning & Development-Susan Fink, Mgr. of Fin. & Admin. Services- Budg. & Fin. Cmt. – Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor De La Cruz and unanimously [7-0] approved by the Council Members present.

Doc. 40/20: Approved

Doc. 45/20: Order Authorization to Expend Funds [250,000] Mass Development Grant awarded to Tombarello Site-Office of Planning & Development-Esther Encarnacion, Bus. & Economic Dev. Proj. Officer-Budg. & Fin. Cmt. – Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor De La Cruz and unanimously [7-0] approved by the Council Members present.

Doc. 45/20: Approved

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[Tuesday, March 10, 2020]

Doc. 50/20: Appr. Transfer from Columbia Gas Account to Council on Aging Repairs-[150,000.00]- Mayor Dan Rivera-Budg. & Fin. Cmt. –Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor De La Cruz and unanimously [7-0] approved by the Council Members present.

Doc. 50/20: Approved

Doc. 31/20: Iglesia Cristo Rios de Agua Viva-Preach the Gospel-Kennedy Park, Misserville Park, Roswell Park, Costello Park, Reviviendo Park,-Second Friday May-Sept. 2020- Graciela Gual-Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item, seconded by Councilor Celina Reyes and unanimously approved by the

Council Members present [7-0].

Doc. 31/20: Approved

Doc. 32/20: Handicapped Parking-[REMOVAL]-124 Phillips Street-Diana Santos- Ord. Cmt.-Public Hearing Ordered

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing, seconded by Councilor Payano and unanimously approved by the Council Members present [7-0].

Doc. 32/20: Public Hearing Ordered

Doc. 34/20: Iglesia de Jesucristo Misionera-Faith March-06/07/20-Pemberton Park- Annerys Fernandez-Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form

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[Tuesday, March 10, 2020] of a motion to approve the item, seconded by Councilor Celina Reyes and unanimously approved by the

Council Members present [7-0].

Doc. 34/20: Approved

Doc. 35/20: Iglesia Pentecostal Cristo Rompe Las Cadenas-Preach the Gospel-Plainsman Park, Sullivan Park, McDermott Park, Reviviendo Park, Roswell Park, Campagnone Park-[Various Dates-see petition]- Jessica Ishag & Abner Merced-Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item, seconded by Councilor Levy and unanimously approved by the Council

Members present [7-0].

Doc. 35/20: Approved

Doc. 41/20: Seventh’ day Adventist Church-Back to School Event-08/08/20-Campagnone Common- Anthony Galan-Ord. Cmt. –Approved

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Members present [7-0].

Doc. 41/20: Approved

Doc. 44/20: National Grid-Installation of underground facilities-Valley Street-Dave Johnson, Eng. Dept.- Ord. Cmt.-Public Hearing Ordered

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing, seconded by Councilor Levy and unanimously approved by the

Council Members present [7-0].

Doc. 44/20: Public Hearing Ordered

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Doc. 47/20: Lawrence St. Patrick’s Day Parade-03/14/20-[1-4pm]-Kate Reilly, Chair of St. Patrick’s Day Parade Committee-Ord. Cmt. – Withdrawn w/o Prejudice

At the request of Council President Vasquez, Councilor Estela Reyes presented a motion to withdraw the matter presented without prejudice stating that the present circumstances regarding the pending orders of the

Governor of the Commonwealth of Massachusetts in regard to the Coronavirus Pendemic require the event to be cancelled. The motion was seconded by Councilor Levy and unanimously [7-0] approved by Council

Members present.

Doc. 47/20: Withdrawn w/o Prejudice

VIII. WITHDRAWALS: - None

IX. OLD BUSINESS: - None

X. TABLED MATTERS:

Doc. 148/11: Parking – Merrimack Street–alternate side parking– Counc. Laplante–Ord. Cmt. – Withdrawn

Council Vice President Laplante presented a motion to remove the item from the table which was seconded by Councilor Payano and unanimously approved by the Council Members present [7-0].

Upon being granted the floor, Council Vice President Laplante moved to withdraw the item from the

Council Agenda stating that Document 308/2019 is a more recent version of parking provisions along

Merrimack Street making this document unnecessary . The motion was seconded by Councilor Levy and unanimously [7-0] approved by Council Members present.

Doc. 148/11: Withdrawn

The following items remained “tabled” without further action:

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110/18 Haverhill St–One way between Prospect and Haverhill Sts–Counc. Levy–Public Hearing Open [8-21-18] 121/18 Recycling Program Ordinance-Counc. Payano-Ord. [PH Closed][ud][01-07-20] 148/18 Lawrence Auxiliary Police – Council Vice Pres. Rodriguez & Counc. Payano – Public Safety Cmt. 168/18 Americans with Disabilities Act: Poll Accessibity Citations DOJ– [Executive Session Anticipated] [T] [08-21-18] 189/18 A&M Auto Body, Inc. – 341 South Broadway –Zoning Amendment [Executive Session Anticipated] [T] [01-29-19] 208/18 Handicapped Parking – 69 Greenwood Street – Counc. DePeña – Ord. Cmt. & Public Hearing to be Ordered 214/18 Board of Health Ordinance Amendment–Counc. Payano–Public Hearing Closed [8-21-18] 326/18 Lawrence Opioid Litigation – Counc. Payano and Council Vice Pres. Rodriguez [T] [12-4-18] 328/18 Lawrence Emergency Response- Counc. Payano [T] [09-18-18] 355/18 Arlington Street – One Way [30 minutes from 3pm to 3:30pm] in front of the Arlington School – Counc. DePeña-Ord. Cmt. [T] [05-21-19] 389/18 Department Heads Quarterly Report-Counc. Payano & Council Vice Pres. Rodriguez- Committee of the Whole [02-05-19] [T] 142/19 Columbia Gas Update-Mark Kempic, Columbia Gas President/COO-Counc. Pres. Vasquez [ud] [11-12-19] 162/19 Allowing Commercial Vehicles to park on Union St. [East Side]-Counc. Laplante-Ord. Cmt. [T] [09-03-19] 170/19 Resolutions- Recognition of Lawrence Academic Achievers-Counc. Laplante-[T] [06-04-19] 243/19 Request to display and sell produce-127 South Union St-Tropical Mini Market Corp.-Ysidro Polo-Ord. Cmt. [T] [09-03-19] 296/19 Museum Square Litigation-Dan Rivera, Mayor [T] [09-03-19] 308/19 Merrimack Street-4 Temporary Resident Parking Spaces (To expire upon completion of the Riverwalk Parking Garage) Counc. Laplante (ref. to Off. Scanlon 10/15/19) (PH Ordered) [T] [02-04-20] 354/19 Oliver School Building Project-[Executive Session Anticipated]-Cynthia Paris, Superintendent of Schools [T] [11-12-19] 22/20 Museum Square Litigation-Counc. Payano [T] [01-21-20]

XI. NEW BUSINESS:

Council President Vasquez brought the matters listed below to the attention of the Council Members present and referred each to the Council Subcommittee as indicated:

51/20 National Grid & Verizon-Request permission to locate poles, wires and fixtures-Myrtle Street-Dave Johnson, Eng. Dept. – Ref. to Ord. Cmt. 52/20 National Grid-Installation of underground facilities-Common Street-Dave Johnson, Eng. Dept. – Ref. to Ord. Cmt. 53/20 Roundabout Study-May/Manchester Sts. & Bodwell/Margin Sts.-Counc. Pres Vasquez-Counc. Rodriguez-Nborhood Assoc. – Ref. to Ord. Cmt. 54/20 Comcast-request to install new underground conduit-232 Common St. Rear-David R. Fleming, Comcast Specialist – Ref. to Ord. Cmt. 55/20 Parking-[15 min]-5 Allston Street-Fatima Mateo-Bell –Ref. to Ord. Cmt. 56/20 Four-way stop sign on the corner of Center Street and Willow Street-Counc. Pres. Vasquez and Counc. C. Reyes – Ref. to Ord. Cmt. 57/20 Request to Re-zone 576 Haverhill Street (R-2) Residential to (HA) Highway Access-Caunabo F. Grullon, Mass Transmission Auto Repair, Inc. – Ref. to Ord. Cmt. 60/20 Disclosure by Municipal Employee-Jossie Polanco – Ref. to Ord. Cmt. 61/20 Corona Virus-Lawrence Preparedness-Counc. Pres. Vasquez & Counc. Payano – Ref. to Public Safety Cmt. 68/20 Taxi License Application-N.Y.C. United Transp.-154 Broadway-Sgt. Melix Bonilla, Lawrence Police Dept. – Ref. to Ord. Cmt. 69/20 Taxi License Renewal-American Taxicab and Livery, LLC-530 Broadway-Sgt. Melix Bonilla, Lawrence Police Dept. – Ref. to Ord. Cmt. 70/20 Taxi License Renewal-Liberty Taxi Inc.-264 Lowell Street-Sgt. Melix Bonilla, Lawrence Police Dept. – Ref. to Ord. Cmt.

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[Tuesday, March 10, 2020]

Doc. 61/20: Corona Virus-Lawrence Preparedness-Counc. Pres. Vasquez & Counc. Payano – Ref. to Public Safety Cmt.

Upon being recognized, Council President Vasquez informed the City Council Members about recent discussions with elected City officials and City Public Health Officials causing the creation of informational flyers for public distribution with additional measures being considered.

Council President Vasquez referred to the Public Safety Committee for further proceedings.\

Doc. 61/20: Ref. to Public Safety Cmt.

[Approximately 9:00 p.m. Councilor Abdoo arrived to the City Council Meeting

XII. TABLED MATTERS:

Doc. 20/20: Loan Order to Authorize Borrowing [8,000,000.00] - Museum Square Parking Garage- Mayor Dan Rivera-Removed from Table-Motion to Approval recorded-Tabled

Upon being recognized, Council Vice President Laplante presented a motion to remove the item from the table which was seconded by Councilor Estela Reyes.

Upon being granted the floor, Council Vice President Laplante stated that he is requesting the Council

Members to consider voting on the item this evening and that a motion to approve the item will be presented to advance its approval.

Council President Vasquez asked about the anticipated content of the discussion expected on this item and cautioned that there are other Council Documents that concern the pending litigation stating that comments concerning the loan order be limited to the financial aspect of it to assure that comments and information about the pending litigation not be discussed in public session but appropriately be presented only in Executive

Session of the City Council.

Upon being granted the floor, Councilor De La Cruz commented that if money is spent by the city then the building would then be the property of the City of Lawrence.

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Upon no further inquiry comment or discussion Council President Vasquez call the motion to take the matter off the “table” and Council Members present voted by roll call vote to take the item off the “table” as follows: Yes-6; No-2; Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Absent Councilor Maria De La Cruz - Yes Councilor Pavel Payano - No Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - No Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Upon being granted the floor, Council Vice President Laplante presented a motion to approve the item presented as seconded by Councilor Celina Reyes.

Upon being granted the floor, Council Vice President Laplante commented that the matter is presently in litigation and asked the Office of the City Attorney to be involved with the process of the City Council.

Council Vice President Laplante stated that the longer this matter continues the more expensive it may become.

Upon being recognized, Assistant City Attorney Timothy Houten stated that the item presented concerns only the funding of the project and that the Council Members should limit their comments or discussion to address the item specifically and it not be expanded to litigation or issues that entail litigation.

Upon being recognized, Council Vice President Laplante moved to “table” the item. The motion was seconded by Councilor Estela Reyes and unanimously [8-0] approved by Council Members present.

Doc. 20/20: Removed from Table/Motion to Approve recorded/Tabled

Doc. 22/20: Museum Square Litigation-Counc. Payano [T][01-21-20] – Tabled

Council Vice President Laplante presented a motion to remove the item from the table which was seconded by Councilor Celina Reyes and unanimously [8-0] approved by Council Members present.

Upon being recognized, Assistant City Attorney Timothy Houten stated he can discuss litigation that has occurred informing the Council Members that City of Lawrence has filed a Motion to Dismiss the action which

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[Tuesday, March 10, 2020] the court has denied which does not rule out possible arbitration. He stated that the Plaintiffs [Jackson Street] asked to arbitrate and the case is going to arbitration to discuss settlement. He stated that litigation is presently

“stayed” without further information about further proceedings.

Upon being recognized, Council Vice President Laplante presented a motion to “Table” the item. The motion was seconded by Councilor Estela Reyes and unanimously [8-0] approved by Council Members present.

Doc. 22/20: Tabled

XIII. ADJOURNMENT:

Upon Motion of Councilor Payano duly seconded by Councilor Levy, the Council Members present voted unanimously to Adjourn.

ADJOURNED (09:26p.m.)

Attest:

William J. Maloney City Clerk

Date Approved by City Council: April 7, 2020

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MINUTES OF THE SPECIAL MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday March 17, 2020

Note: This Meeting of the Lawrence City Council is a “virtual meeting” with remote sound and video participation by the City Council Members. Members of the public and others being invited to view, listen and participate using remote video and sound access.

City Council President Vasquez provided the following announcement prior to commencement of the City Council Meeting: ************************************************************************************************** Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, this public hearing of the Lawrence City Council for the City of Lawrence, MA is being conducted via remote participation. No in-person attendance by members of the public will be permitted, but the public can listen and/or view this meeting while in progress by use of the Facebook and YouTube web access sites referenced below. Members of the public attending this meeting virtually will be allowed to make comments if they wish to do so, during the portion of the hearings designated for public comment, by use of the Gotomeeting codes or by the phone number and access code provided.

Facebook: Lawrence City Council page - https://www.facebook.com/TheLawrencecitycouncil/ YouTube: Lawrence City Council page- https://www.youtube.com/channel/UC- 2T3lkuyO1ywReSTsm3fsA

Gotomeeting Access: https://global.gotomeeting.com/join/583281469 Also, you are able to access by phone: (phone number) Phone: +1 (646) 749-3112 -Access Code: 583-281-469 **************************************************************************************************

A SPECIAL MEETING of the City Council was held on Tuesday, March 17, 2020 at 6: 40 p.m. in the City Council Chamber, 200 Common Street, Lawrence, MA.

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B] – Absent at roll call; Councilor Anna Levy [Councilor at Large] – Absent at roll call; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E] – Absent at roll call; Councilor Pavel Payano [Councilor At Large] –– Present; Councilor Maria De La Cruz [District A] - Absent at roll call; Councilor Jeovanny Rodriguez [District D] Present; Council Vice President Marc Laplante [District F] – Present; Council President Kendrys Vasquez [District C] – Present;

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Councilor De La Cruz arrived at approximately 6:50 p.m. Councilor Abdoo arrived at approximately 650 p.m. Councilor Estela Reyes arrived at approximately 7:00 p.m. Councilor Levy arrived at approximately 7:00 p.m.

Other attendance matters:

Attendance by the public and other could not be determined. A Moment of Silence was held. The Pledge of Allegiance was recited.

I. APPROVAL OF MINUTES: -None

II._PUBLIC PARTICIPATION: - None

III. PUBLIC HEARINGS: - None

IV: Communication from Mayor, City Officials & City Attorney: - None

V. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Doc. 75/20: Proposed Emergency Resolution-Resolution Calling for Eviction Moratorium for all Lawrence Residents for 60 days due to Coronavirus (COVID-19)- Mayor Dan Rivera and Council President Vasquez

Council President opened the meeting and invited Mayor Rivera to address the City Council Members.

Upon invitation, Mayor Rivera provided information about the recent COVID-19 pandemic and the action taken by the Administration stating that the 2018 Columbia Gas disaster has provided a model and framework of response measures that will help protect Lawrence residents. He stated that most of the funds paid to support emergency measures of the Columbia Gas disaster for losses incurred by tenants went to landlords and not to tenants. Mayor Rivera stated that the proposal for consideration is presented with the understanding that tenants are still required to pay rent but affords them with protection against evictions that are related to COVID-19 events. He stated that evictions that are not related to COVID-19 events would proceed as necessary. He stated that the Columbia Gas crisis resulted in many tenants being forced out of housing by landlords using “self help evictions” without use of judicial process stating that tenant belongings were moved out of their residents and placed on the street. He stated that the proposed item provides tenants

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[Tuesday, March 17, 2020] with an additional protection against eviction for non-payment of rent until there is an opportunity to determine the reason that rent may not have been paid. He stated that there are many reasons that rent may not be paid and stressed that the proposal would also serve to prevent landlords and property owners from using the COVID-19 event to remove tenants during the time period the impact of COVID-19 continue. Mayor Rivera emphasized that immediate action is necessary to address this matter and urged the Council Members to approve the proposal presented for consideration.

Upon being granted the floor, Councilor De La Cruz inquired how long the moratorium would remain in effect. In response, Mayoral Chief of Staff Kate Riley stated that the measure would be effective 30 days after the date of approval.

Council President Vasquez stated that the only item before the City Council this evening is a petition to adopt a Resolution of the City Council indicating that an ordinance had not yet been presented to the Council

Members asking City Attorney Ruano to describe the difference between the two items and when a draft ordinance would be available to the Council Members for review. In response, City Attorney Ruano stated that a “Resolution” would be a statement or policy of the City Council Members and an ordinance would be of legal effect once approved and in place. Upon continuing, Council President Vasquez indicated that the City Council could consider approving a “Resolution” if put to a vote this evening but may have to review a proposed ordinance once it is available to the Council Members to consider. In further response, Attorney Ruano stated that a draft ordinance could be ready and available to the Council by its next meeting.

Upon being granted the floor, Council Vice President Laplante stated that if a Resolution were adopted this evening it could be drafted by the City Attorney and would be effective on approval.

Upon being recognized, Mayor Rivera stated that the Council has drafted ordinances before and an ordinance with provisions related to current circumstances would be effective. Mayor Rivera cited other jurisdictions that have approved similar ordinances which be reference confirm the authority and jurisdiction of the City Council.

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Upon continuing, Council Vice President Laplante asked how anyone being evicted would be able to invoke such an ordinance if it is approved and available.

Mayor Rivera stated that a tenant being evicted could request assistance and the City would engage the

Planning Department to go to Housing Court.

In response, Councilor Laplante stated more thought needs to go into this matter. He stated that property owners with tenants range from institutional investors to “mom and pop” landlords.

Mayor Rivera responded by stating it makes no difference to the tenant who is being evicted because of the virus.

Upon being granted the floor, Councilor Rodriguez asked about legal repercussions the City of

Lawrence may incur. In response, City Attorney Ruano stated there would be no repercussions. She stated the claim may be a challenge the ability of the City to use an ordinance suggesting that liability would likely be due to the enforcement of the ordinance.

Mayor Rivera stated that the ordinance would afford protection to tenants most vulnerable to being evicted because circumstances caused by the virus.

Upon continuing, Councilor Rodriguez asked how many households exist in the City of Lawrence. In response, Mayor Rivera stated he only knows the number of properties in the City of Lawrence but not the number of households.

Councilor Rodriguez continued by stating that there should be some understanding about the number of households in Lawrence. A discussion ensued between Mayor Rivera and Councilor Rodriguez about a proposed ordinance. Councilor Rodriguez stated that it will be important to be sure that the ordinance is not used by tenants who simply are not paying rent.

Mayor Rivera stated the ordinance is intended to protect tenants from being evicted because of the impact of the corona virus who are the most vulnerable.

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Upon continuing, Councilor Rodriguez asked if the Commonwealth is contemplating a similar law.

Mayor Rivera stated he is not aware of any action pending by the Commonwealth emphasizing that immediate action is necessary.

Upon being granted the floor, Councilor Payano stated that he was not sure if the Council was acting on an ordinance or a resolution commenting that it would be more appropriate to consider an actual ordinance once it is drafted and presented. He also suggested that he doesn’t envision anyone being evicted by the Court on this issue. He stated his concern is about the legal implications that an ordinance would have on current landlord/tenant law in court. He suggested a home rule petition would seem more appropriate. He questioned how it could be enforced and asked what would an ordinance like this look like. In response, Mayor Rivera stated the City of Lawrence has jurisdictions to pass an ordinance that would protect tenants comparing incidents of evictions resulting from the Columbia Gas crisis affording protection to tenants they would not have otherwise. Upon continuing, Councilor Payano stated that is does not appear to be within the authority of the Lawrence City Council to change State law. He stated that he is not sure that tenants can be evicted “day to day” since it requires a process to be followed which takes time. He expressed concern that tenants may rely upon such an ordinance to their detriment only to find out that it may not apply. Councilor Payano also had reservations about voting on an ordinance that has not yet been drafted or presented.

Upon being recognized, City Attorney Ruano informed the Council Members that the House Bill #4935 is currently pending before the Massachusetts Legislature which addressed the issues before the City Council

Members concerning approval of a moratorium on eviction and foreclosures.

Upon being granted the floor, Councilor De La Cruz stated that the City Council has the authority to take immediate action to help protect tenants who may be impacted by this crisis. She stated the City Council needs to take action this evening.

Upon being granted the floor, Councilor Levy stated that despite the current emergency she agrees with

Councilor Payano that it maybe helpful to establish a fund should to provide financial assistance to tenants who

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[Tuesday, March 17, 2020] may not be able to pay rent. She stated that evictions require tenants be served with a 30 day notice which will probably not result in actual eviction any earlier than July when judgment enters.

In response, Mayor Rivera agreed the eviction process is time consuming. He stated that not all tenants will use the proposed ordinance particularly if the tenant is being evicted for causes not related to corona virus circumstanced. He also stated that not all landlords will use the courts or obtain a judgment allowing a legal eviction. He stated that the ordinance will protect against unjust and unfair evictions. He stated the proposed ordinance would also send a message to tenants that support is available which will also be available to property owners that may be subjected to foreclosure.

Upon being granted the floor, Councilor Rodriguez asked what action will the city make available through this ordinance. Mayor River stated that tenants affected by the Corona crisis will be provided legal assistance to bring court action to protect those vulnerable to eviction with support and assistance also available to mortgage holders. Upon continuing, Councilor Rodriguez discussed the manner which assistance will be provided to tenants wrongfully evicted. Mayor Rivera responded that the issue needs to be addressed in court to send a message to those who would take advantage of tenants.

Upon being granted the floor, Council Vice President Laplante asked if a public hearing would be required to approve an ordinance. City Attorney Ruano stated an ordinance would require a public hearing. She stated further that a “Resolution” would not require a public hearing.

A discussion ensued between Council President Vasquez and City Attorney Ruano about the necessity of a public hearing and the availability of a draft ordinance.

Upon being granted the floor, Councilor Payano commented about the legislation pending before the

Massachusetts Legislature and proceeding with a proposed City ordinance concerning the same measure.

Upon being recognized, Mayor Rivera stated that funds are being allocated from unused snow removal monies in the approximate amount of 150,000.00.

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Upon continuing, Councilor Payano stated that a City Council Resolution with terms presented by

Mayor Rivera should be considered. He suggested that a resolution seems favorable and an ordinance may have to be advanced at a later date.

Council President Vasquez informed the Council Members that Document 75/2020 is being split into two separate items: Doc. 75A/2020 – Resolution of City Council for an Eviction Moratorium for Lawrence

Residents due to Coronavirus (COVID-19), and, Doc. 75B/2020 Proposed Ordinance calling for Eviction

Moratorium for all Lawrence Residents due to Coronavirus (COVID-19),

Upon being recognized, City Attorney Ruano stated Document 75B/2020 should be referred to a

Subcommittee of the City Council for further proceedings of the Council Members.

Council President Vasquez then referred Doc. 75B/20 to the Ordinance Committee for further proceedings.

Upon being granted the floor, Councilor Estella Reyes stated that tenants subject to the effect of

COVID-19 may need the assistance of such an ordinance.

Upon being granted the floor, Councilor Payano stated that North East Legal Aid is available to provide legal assistance which is the type of assistance tenants may require in an eviction case. In response, Mayor

Rivera stated that many tenants will not be able to afford an attorney. He commented that most people affected by the crisis will continue to be paid but a small amount of people will be evicted because they may be affected by COVID-19.

Upon being granted the floor, Councilor Rodriguez asked the City Attorney Ruano to explain the difference between a resolution and an ordinance. Attorney Ruano stated an ordinance is a local law whereas a

Resolution is a statement or position of the City Council as a body.

Upon being granted the floor, Councilor Laplante asked about an opinion from City Attorney Ruano whether the City Council can lawfully intervene in a landlord/tenant dispute. Attorney Ruano stated that the

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City of Lawrence can provide a grant to a non-profit legal aid establishment stating further that payment for specific cases may be more difficult.

Council President Vasquez explained that there is language drafted for a Resolution that may be provided on request. In response, Mayor Rivera discussed possible language for a City Council Resolution.

Upon being granted the floor, Councilor Payano informed the Council Members that he is presenting a draft Resolution which was viewed on the viewing screed during the meeting stating that the language provided by Mayor Rivera was being used as a model for his draft. A discussion ensured among the Council Members about the terms to be included in the Resolution to be considered for approval by the City Council Members.

Upon being recognized, Mayor Rivera suggested the City Council should not make their action contingent on pending State Legislation. He stated that the Resolution drafted by Councilor Payano is not sufficient to address the various important matters and emphasized that it should not be tied to any State action.

Doc. 75A/20: Resolution for a Moratorium on Evictions for all Lawrence Residents for 60 days due to Coronavirus (COVID-19)-Mayor Dan Rivera and Council President Vasquez – Rules of City Council Suspend Rules/Approved

Upon being recognized, Councilor De La Cruz presented a motion to Suspend the Rules of the City

Council in order to present a Resolution of the Lawrence City Council for immediate consideration. The motion was seconded by Councilor Estela Reyes [a discussion among the Council Members ensued regarding the consideration of the proposed Resolution].

Upon being granted the floor, Councilor Payano stated he has no “strong ties” to the language presented in the draft he prepared stating further that he is not sure which document is being considered.

Council President Vasquez stated that the Mayor’s document is presented for consideration. In response, Councilor Payano stated he does not agree with the document presented by Mayor Rivera.

Upon being granted the floor, Council Vice President Laplante stated he agrees with Councilor Payano explaining that he agrees the principle and presentation of a proposed Resolution for consideration by the

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Members of the City Council. He stated he favors the language of the Resolution presented by Councilor

Payano.

Upon being recognized, Mayor Rivera stated the adoption of a Resolution does not require the City

Council to complete the approval process for an ordinance which should be tailored to their intentions.

City Attorney Ruano explained further that the Resolution is only on opinion of the City Council and will have no bearing on the actions City council may take in an ordinance.

Upon being granted the floor, Councilor Levy asked if Council President Vasquez can e-mail the document the Mayor was reading.

Upon being granted the floor, Councilor Celina Reyes stated that she just sent a copy of the documents requested were sent to Councilor Levy by email. [Clerk’s Note: the documents referenced were filed with the

City Clerk by Mayor Rivera with the initial filing of the item presented on the City Council Agenda for this meeting].

Upon being granted the floor, Council Vice President Laplante clarified that the language being discussed were being incorporated in the Resolution being considered for approval.

Upon being granted the floor, Councilor Payano presented another draft of the proposed Resolution for consideration (He displayed a copy of the draft Resolution on the monitor viewable by all meeting viewers) stating that he believes this draft may be a sufficient compromise.

Council President Vasquez stated that the draft presented reflects something similar that he has in mind.

Upon being granted the floor, Councilor Rodriguez stated he agrees with the language presented by

Councilor Payano.

Upon being granted the floor, Council Vice President Laplante stated the draft Resolution looks like something that can be adopted and suggested that it specifically reference “CORONA VIRUS”.

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City Attorney Ruano suggested referencing the State of Emergency declared by Governor Baker on

March 12th, 2020 providing suggested language to reference the Governor’s declaration. Mayor Rivera suggested language to be included in the Resolution.

A discussion ensued among the City Council, City Attorney Ruano and Mayor Rivera regarding the draft Resolution.

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez called upon the Members present to consider the motion to Suspend the Rules of the City

Council to allow the City Council Members to immediately consider adopting a Resolution of the City Council in regard to the COVID-19 pandemic presented by Councilor De La Cruz and seconded by Councilor Estela

Reyes. Upon the motion presented, the Council Members voted as follows by roll call vote: Yes-9 No-0

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez - Yes

[Clerk’s Note: The vote of the Council Members polled by Council President Vasquez due to technical difficulty defeating the sound mechanism on the City Clerk’s microphone]

Upon being recognized, Councilor Rodriguez presented a motion to approve the Emergency Resolution

Calling for Eviction Moratorium for all Lawrence Residents for 60 days due to the Coronavirus (COVID-19).

The motion was seconded by Councilor Estela Reyes and Council Members present voted by roll call vote to approve the motion as follows: Yes-9 No-0

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Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

[Clerk’s Note: The vote of the Council Members polled by Council President Vasquez due to technical difficulty defeating the sound mechanism on the City Clerk’s microphone]

Doc. 75A/20: Suspend Rules/Approved

Doc. 75B/20: Proposed Emergency Resolution-Resolution Calling for Eviction Moratorium for all Lawrence Residents for 60 days due to Coronavirus (COVID-19)-Mayor Dan Rivera and Council President Vasquez- Public Hearing Ordered/Ref. to Ord. Cmt.

Upon being granted the floor, Councilor Estela Reyes presented a motion to order a public hearing on the above measure pending report from the Ordinance Committee. The motion was seconded by Councilor De

La Cruz and Council Members present voted by roll call vote to order a public hearing pending report of the

Ordinance Committee as follows: Yes-8 Absent-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Absent Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 75B/20: Public Hearing Ordered/Ref. to Ord. Cmt.

Council President Vasquez affirmed that the item is being referred to the Ordinance Committee for further procedings.

VI. COMMITTEE REPORTS: - None

VII. WITHDRAWALS: - None

VIII. OLD BUSINESS: - None

IX. TABLED MATTERS: - None

X. NEW BUSINESS: - None

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XI. ADJOURNMENT:

Upon Motion of Councilor Abdoo duly seconded by Councilor Rodriguez, the Council Members present voted by roll call vote as follows to Adjourn.

[Clerk’s Note: The vote of the Council Members polled by Council President Vasquez due to technical difficulty defeating the sound mechanism on the City Clerk’s microphone]

ADJOURNED (08:57p.m.)

Attest: William J. Maloney City Clerk

Date Approved: 4-21-20

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MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday March 24, 2020

Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, this public hearing of the Lawrence City Council for the City of Lawrence, MA is being conducted via remote participation. No in-person attendance by members of the public will be permitted, but the public can listen and/or view this meeting while in progress by use of the Facebook and YouTube web access sites referenced below. Members of the public attending this meeting virtually will be allowed to make comments if they wish to do so, during the portion of the hearings designated for public comment, by use of the Gotomeeting code or by the phone number and access code provided below:

Facebook: Lawrence City Council page - https://www.facebook.com/TheLawrencecitycouncil/ YouTube: Lawrence City Council page- https://www.youtube.com/channel/UC- 2T3lkuyO1ywReSTsm3fsA

Gotomeeting Access: https://global.gotomeeting.com/join/808261365 Also, you are able to access by phone: (phone number) Phone: Phone: +1 (872) 240-3311 Access Code: 808-261-365

REGULAR MEETING of the City Council was held on Tuesday, March 24, 2020 at 7: 12 p.m. in the

City Council Chamber, 200 Common Street, Lawrence, MA.

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B] – Absent; Councilor Anna Levy [Councilor at Large] - Present; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E] – Present; Councilor Pavel Payano [Councilor At Large] –– Absent; Councilor Maria De La Cruz [District A] Present; Councilor Jeovanny Rodriguez [District D] Present; Council Vice President Marc Laplante [District F] – Present; Council President Kendrys Vasquez [District C] – Present;

Other attendance matters:

A Moment of Silence was held. Councilor Estela arrived at 7:30 p.m.

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[Tuesday, March 24, 2020]

Council President Vasquez announced that the City Council Meeting was being conducted remotely by electronic means with access available as provided in the public notice postings inviting all who wish to observe and/or participate announcing the above information.

I. APPROVAL OF MINUTES: - None

II._PUBLIC PARTICIPATION:

Homayoun Maali 53 Chester Street, Lawrence, MA spoke of COVID-19 pandemic and its impact on the

City of Lawrence. He urged the City of Lawrence to approve the contract with the Lawrence Patrolman’s

Association. He praised the work of Lawrence Police Chief Roy Vasque, all first responders, Public Works workers and the unions. He stated that School Superintendent Cynthia Paris, Lawrence School Teachers and all

Lawrence School Department employees are providing school students with and excellent education and educational environment. He stated that Mayor Rivera should keep his campaign promise to “Save Lawrence prosper Lawrence”. He asked all to pray during this time of crisis.

Layla Cavett, [no address provided] stated that the homeless are among the most vulnerable to the

COVID-19 virus and asked City Officials to create shelters for their safety.

III. PUBLIC HEARINGS:

Doc. 327/19: Handicapped Parking-98 Jackson Street- Darma Rodriguez-Ord. Cmt.-Pub. Hrg. Held - Approved

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[Tuesday, March 24, 2020]

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure presented by Councilor De La Cruz, as seconded by Councilor

Levy, the Council Members present voted by roll call vote to approve the measure as follows: Yes-7; Absent-2

Councilor Estela Reyes - Absent Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Absent Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez - Yes

Doc. 327/19: Approved

Doc. 328/19: Handicapped Parking-531 Haverhill Street-Wilson Ortiz-Ord. Cmt.- Pub. Hrg. Held – Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

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[Tuesday, March 24, 2020]

Upon a motion to approve the measure presented by Councilor De La Cruz, as seconded by Councilor

Levy, the Council Members present voted by roll call vote to approve the measure as follows: Yes-7; Absent-2

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Absent Councilor David Abdoo - Yes Councilor Celina Reyes – Absent Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 328/19: Approved

Doc. 337/19: 15 minute parking-64 Milton Street-La Nena Supermarket-Marisol Cruz- Ord. Cmt.-Pub. Hrg. held – Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure presented by Councilor De La Cruz, as seconded by Councilor

Celina Reyes, the Council Members present voted by roll call vote to approve the measure as follows: Yes-7;

Absent-2

Councilor Estela Reyes - Absent Councilor Ana Levy - Yes

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[Tuesday, March 24, 2020]

Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Absent Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez - Yes

Doc. 337/19: Approved

Doc. 342/19: Stop Sign-Andover Street at the Foster Street Intersection- Counc. Laplante-Ord. Cmt.-Pub. Hrg. held – Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure presented by Council Vice President Laplante, as seconded by

Councilor Estela Reyes, the Council Members present voted by roll call vote to approve the measure as follows:

Yes-8; Absent-1

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Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 342/19: Approved

Doc. 343/19: Stop Sign-Intersection of East Cambridge and Osgood Street- Counc. Laplante-Ord. Cmt.-Pub. Hrg. held – Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure presented by Council Vice President Laplante, as seconded by

Councilor Estela Reyes, the Council Members present voted by roll call vote to approve the measure as follows:

Yes-8; Absent-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Absent Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 343/19: Approved

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Doc. 344/19: Handicapped Parking-[1] Space-393 Chestnut Street-Michael Ortiz-Counc. Reyes- Ord Cmt.-Pub. Hrg. held – Approved

Upon no discussion, comment or inquiry offered by the Council Members present, Council President

Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure presented by Councilor De La Cruz, as seconded by Councilor

Estela Reyes, the Council Members present voted by roll call vote to approve the measure as follows: Yes-8;

Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Absent Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 344/19: Approved

Doc. 44/20: National Grid-Installation of underground facilities-Valley Street-Dave Johnson, Eng. Dept.- Ord. Cmt.-Pub. Hrg. held – Approved

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[Tuesday, March 24, 2020] opened the public hearing portion of the proceedings and invited anyone who wished to be heard to present themselves before the Council Members.

Upon being granted the floor, Councilor Estela Reyes presented a motion to approve the item as presented, which was seconded by Councilor De La Cruz.

Upon being granted the floor, Councilor De La Cruz asked if the petitioner to make sure the excavation is filled properly and properly sealed and covered upon completing of the work performed.

Councilor Estela Reyes accepted Councilor De la Cruz’s friendly amendment to send correspondence to

National Grid to properly patch holes.

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented.

Upon a motion to approve the measure and forward correspondence to National Grid presented by

Councilor Estela Reyes, as seconded by Councilor De La Cruz, the Council Members present voted by roll call vote to approve the measure as follows: Yes-8; Absent-1

Doc. 44/20: Approved

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IV: Communication from Mayor, City Officials & City Attorney: - None

V. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Doc. 76/20: Appropriation Transfer [265,854.00] From Free Cash to Parking Garage Lots Enterprise Fund-Other Purchased Services (251510-5380)-Mayor Dan Rivera – Ref. to Budget & Finance Cmt.

Doc. 77/20: Appropriation Transfer-From Free Cash to Special Projects Account (to be created) Resident Legal Assistance Fund (COVID-19) [150,000.00]-Mayor Dan Rivera – Ref. to Budget &I Finance Cmt.

Doc. 78/20: Appropriation Transfer-From Free Cash to DPW Special Projects Account-Clean Lawrence Initiative [200,000.00]-Mayor Dan Rivera- Ref. to Budget & Finance Cmt.

Doc. 79/20: Authorization to Award Seven (7) Year Contract for Parking Management Services (Executive Session Anticipated)-Brian Pena, DPW Director-Ref. to Budget & Finance Cmt.

Council President Vasquez called the above items to the attention of the Council Members as appearing on the Agenda which were referred as indicated:

Doc. 76/20: Ref. to Budget & Finance Cmt. Doc. 77/20: Ref. to Budget &I Finance Cmt. Doc. 78/20: Ref. to Budget & Finance Cmt. Doc. 79/20: -Ref. to Budget & Finance Cmt.

Doc. 58/20: Request to Authorize to Expend grant funds-Washer-Extractor Grant Program [11, 215.00]-Chief Brian F. Moriarty, Fire Dept.-Budget &Fin. Cmt. – Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve to approve the item as seconded by Councilor Estela Reyes and

Council Members present voted by roll call vote to approve the item as follows: Yes-8; Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Absent Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

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Doc. 58/20: Approved

Doc. 59/20: Request to Authorize to Expend grant funds-Emergency Performance (EMPG) Grant-[25, 600.00]-Chief Brian F. Moriarty, Fire Dept. - Budget &Fin. Cmt.- Approved

Members present voted by roll call vote to approve the item as follows: Yes-8; Absent-1

Doc. 59/20: Approved

Doc. 62/20: Acceptance of 2020 Mass Save Municipal Partnership Program Grant-Columbia Gas & National Grid [25, 000.00]-Evelyn Urena, Housing Manager- Office of Planning & Development – Approved

Members present voted by roll call vote to approve the item as follows: Yes-8; Absent-1

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Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 62/20: Approved

Doc. 65/20: Approval of Funds for Firefighters Union Collective Bargaining Agreement- Mayor Dan Rivera- Budget & Fin. Cmt. – Approved

Members present voted by roll call vote to approve the item as follows: Yes-8; Absent-1

Doc. 65/20: Approved

Upon being recognized, Council Vice President Laplante discussed funding of the contract.

Doc. 66/20: Appropriation Transfer-From:Library’s Personell Salary- [016110-5110]-To:Utilites Energy[016110-5210]-[60,000]- Jessica Vilas Novas, Library Director- Budget &Fin. Cmt. – Approved

Members present voted by roll call vote to approve the item as follows: Yes-8; Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Absent Councilor David Abdoo - Yes

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Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 66/20: Approved

Doc. 67/20: Acceptance of Funds Relating to FY 19 Surplus Budget-[Up to 150,000]- Chief Roy Vasque, Lawrence Police Dept. - Budget &Fin. Cmt. – Approved

Members present voted by roll call vote to approve the item as follows: Yes-8; Absent-1

Doc. 67/20: Approved

VI. COMMITTEE REPORTS:

Doc. 61/20: Corona Virus-Lawrence Preparedness-Counc. Pres. Vasquez & Counc. Payano- Pub. Safety – Tabled & Ref. to Public Safety

Upon being granted the floor, Councilor Rodriguez commented about the item presented stating that he is aware of five Lawrence residents contracting coronavirus. He asked that the Public Safety Committee would be considering and reporting about the COVID-19 preparedness at the next Council Meeting for general discussion.

Upon continuing, Councilor Rodriguez presented a motion to send correspondence to Mayor Rivera to be present at the next Council Meeting. The motion was seconded by Councilor Estela Reyes.

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Upon being granted the floor, Council Vice President Laplante asked Council President Vasquez to allow for general correspondence.

Upon being granted the floor, Councilor De La Cruz inquired about the City seeking assistance from the

National Guard.

Upon being granted the floor, Councilor Levy inquired about a time frame for any action that may be initiated or authorized by the City of Lawrence discussing the implementation of National Guard patrols to ensure general compliance with “stay at home” requirements and other matters.

Council President Vasquez stated it is important to note that some information is being provided to the public stating that the City of Lawrence is taking substantial measures to combat the COVID-19 pandemic. He stated that there currently only 9 confirmed cases reported stating that there are more likely to be up to 40 or 50 cases. Council President Vasquez suggested the Mayor may consider other actions including the possibility of establishing a curfew in the City of Lawrence. Council President Vasquez discussed several topics concerning

COVID-19 actions including the following: population testing; protective apparel; protective masks; medical equipment; reporting cases of contracted virus; quarantines; supportive organizations; the effect and occurrence on the elderly population and Red Cross intervention.

Upon being granted the floor, Councilor Estela Reyes emphasized that it is necessary for the public to abide by “stay at home” directions commenting that there despite these instructions some businesses remain open and should be contacted. She thanked Lawrence Police Officer Cano for his assistance contacting businesses to assure they remain closed.

Upon being granted the floor, Council Vice President Laplante stated that the Lawrence Municipal Code has a curfew provision approved during the Lawrence riots which was necessary to assure younger residentce of

Lawrence remained at home during the effective times of the curfew. He stated that a curfew ordinance may have to be updated to address current circumstances.

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Upon being granted the floor, Councilor Rodriguez stated that the Mayor has not contacted the City

Council Members about possible implementation of a curfew.

Upon being granted the floor, Councilor De La Cruz suggested that the Council Members may want to obtain information from constituents on the use of a curfew.

Council President Vasquez discussed the work he has done to provide assistance stating that there are many things individual Council Members may be able to do to assist Lawrence residents at this time. He stated that many people are out of work and many others need assistance with daily matters. He stated there is plenty of information available from City agencies and personnel as well as a variety of sources. He stated that

Councilors can be -active with direct action to help constituents.

Upon continuing, Councilor De La Cruz stated there should be someone in authority that residents can contact. Councilor De La Cruz presented a motion to send correspondence to the Governor supporting the issuance of an Executive Order to require all residents to “shelter in place”. The motion was seconded by

Councilor Levy. A discussion ensued among the City Council Members about actions to be taken.

Council President Vasquez commented that legal consequences for failing to abide by directives need to be in place. He stated that it is necessary to provide fines and arrest provisions to be in place for violating any orders or directives.

Upon being granted the floor, Councilor Rodriguez suggested that Mayor Rivera should be invited to the next meeting of the City Council to discuss this matter further.

Upon being granted the floor, Councilor De La Cruz amended her motion by specifying that the request to Governor Baker specifically require people to stay home from 8:00 p.m. to 7:00 a.m. the next day.

Upon being granted the floor, Council Vice President Laplante stated that all actions suggested have serious ramifications commenting that implementation of these actions may be premature without first obtaining sufficient information in order to make an informed decision. He suggested that a specific Agenda

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[Tuesday, March 24, 2020] item be presented to address, review and consider the implementation of a curfew. He state that he is not comfortable endorsing the proposed actions without sufficient information available on the issue presented.

Upon no further inquiry, comment or discussion Council President Vasquez called the motion to send correspondence to the Governor and Council Members present defeated the motion by roll call vote as follows:

Yes-3; No-4; Present-1; Absent-1

Council Vice President Marc Laplante - No Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Absent Councilor David Abdoo - No Councilor Celina Reyes – No Councilor Ana Levy - Present Councilor Estela Reyes - No Council President Kendrys Vasquez – Yes

Upon being granted the floor, Councilor Rodriguez presented a motion to add an item to the agenda as an emergency for a local ordinance for a curfew, as seconded by Councilor Estela Reyes.

Council President Vasquez said he will add it as an item for next meeting.

Upon being granted the floor, Councilor Levy asked about a motion to send correspondence to the

Mayor to attend the next City Council Meeting.

Upon being granted the floor, Councilor De La Cruz asked how the City Council can inform the residents of Lawrence to stay home.

Council President Vasquez suggested the City Council also send correspondence to address the trash and provide free trash bags to avoid possible health issues. Council President Vasquez asked to amend motion to reduce trash restrictions to Councilor Rodriguez agreed.

Council President Vasquez also recommended to stop all ticketing of motor vehicles.

Upon being granted the floor, Councilor Rodriguez informed the Council Members that parking enforcement has already been suspended. He stated that it will help if the term “essential businesses” could be defined to help businesses know which business are considered “essential”.

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Upon being granted the floor, Councilor De La Cruz suggested that the list of issues to be addressed by the Mayor should included “homelessness”.

Upon being recognized, Council Vice President Laplante stated that he was unsure about the motion that is presented for consideration and requested clarification. In response, Councilor Rodriguez clarified that the motion presented is to send correspondence to the Mayor to attend the next City Council Meeting to discuss

COVID-19 matters, trash regulation, to define the term “essential business”, and to address homelessness. The motion was seconded by Councilor Estela Reyes and Council Members present voted unanimously by roll call vote to approve the correspondence to the Mayor as follows: Yes-8; Absent-1

Upon being granted the floor, Councilor Rodriguez presented a motion to “table” the matter and refer the matter to Public Safety. The motion was seconded by Councilor Estela Reyes and unanimously approved by Council Members present by roll call vote as follows: Yes-7; Absent-2

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Absent Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Absent Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 61/20: Tabled & Ref. to Public Safety

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VII. TABLED MATTERS:

Doc. 22/20: Museum Square Litigation [Executive Session Anticipated]- Counc. Payano [T][01-21-20] – Removed from Table- Tabled

Council President Vasquez invited Assistant City Attorney Houten to address the City Council.

Attorney Houten stated courts are closed and there is no progress with arbitration. He stated if the

Council Members require any detail about litigation strategy that can only be discussed in Executive Session.

Upon being recognized, Councilor Rodriguez presented a motion to terminate the public session of the

Lawrence City Council and to convene proceedings of the City Council in Executive Session in order to discuss litigation strategy. The motion was seconded by Councilor Estela Reyes.

Upon being recognized, Council Vice President Laplante informed the Council Members that there may not be a need to enter into Executive Session and asked Assistant City Attorney Houten if there was anything new to report or if there is any strategic considerations to discuss. Attorney Houten stated that there was not anything new to report and there were not strategic issues to offer for discussion.

Councilor Estela agreed with Council Vice President Laplante stating that Executive Session would be unnecessary at this time.

Upon being granted the floor, Councilor Rodriguez withdrew his motion to convene City Council proceedings in Executive Session. Councilor Rodriguez presented a motion to “re-table” the item which was seconded by Councilor Estela Reyes and approved by the Council Members present by roll call vote as follows:

Yes-8; Absent-1

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Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 22/20: Removed from Table/Re-Tabled

Doc. 20/20: Loan Order to Authorize Borrowing [8,000.000.00] – Museum Square Parking Garage-Mayor Dan Rivera – Approved

Upon being recognized, Councilor Estela Reyes presented a motion to remove the above item from the table for consideration of the Council Members present. The motion was seconded by Council Vice President

Laplante and approved by roll call vote of the Council Members present as follows: Yes-6; Present-1;

Absent-1; Inaudible-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Present Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Absent Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Inaudible Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Upon Invitation, Franklin Miguel Alvarado, Capital Improvement Project Manager, provided a report on the capital plan to provide repairs to the Museum Square Parking Garage.

Upon inquiry as to the records of proceedings by Council President Vasquez, City Clerk Maloney informed the Council Members that Council Vice President Laplante presented a motion to approve the item which was duly seconded and recorded in the City Council Session held on March 10, 2020. Further reporting that a motion to table the matter was interposed and approved before the main motion to approve could be called by the Council President.

Upon no further inquiry, discussion or comment Council President Vasquez called upon the Council

Members to consider the pending motion to approve on record,

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At the direction of Council President Vasquez, City Clerk Maloney commended the roll call of the

Council members calling for the vote of Councilor Estela Reyes who voted “Yes” – which the City Clerk recorded upon announcement.

Upon taking the floor, Councilor Rodriguez stated that enters a “Charter Objection” pursuant to City

Charter Sec. 3.8(c). Councilor Rodriguez stated that it was his understanding that a “Charter Objection” was effective at any time during the poll of the vote of the Council Members. Upon further discussion, Councilor

Rodriguez stated he timely announced a “Charter Objection” prior to the vote announced by Councilor Estela

Reyes and that he was not heard for some reason.

Upon conclusion of discussing this matter, Council President Vasquez ruled on the issue presented concluding that the roll call vote had begun and the vote of Councilor Estela Reyes was announced before

Councilor Rodriguez announced a “Charter Objection”. A discussion ensued among the Council Members concerning the parliamentary issued presented.

Council President Vasquez called upon Assistant City Attorney Timothy Houten to opine on the parliamentary question: When may a Charter Objection as provided by Section 3.8(c) of the Lawrence City

Charter be announced to be effective?

Upon being recognized, Assistant City Attorney Houten opined that a Charter Objection pursuant to

Section 3.8(c) of the Lawrence City Charter is effective if it is announced prior to the commencement of the vote of the members.

Council President Vasquez affirmed his ruling and announced that the “Charter Objection” by Councilor

Rodriguez was ineffective as the roll call vote of Councilor Reyes had been announced prior to Councilor

Rodriguez announcing a “Charter Objection”.

Council President Vasquez continued with proceedings and directed the City Clerk to continue with the poll and record the vote of the Council Members on this item.

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Upon a roll call vote of the Council Members present regarding the motion to approve the item, the

Council Members present voted to approve the item as follows: Yes-6; No-1; Present-1; Absent-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Present Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Absent Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - No Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Upon being granted the floor, Councilor Rodriguez stated that he officially challenges the vote recorded and objects to the ruling of the Council President concerning the issue presented reaffirming his objection that a

Charter Objection pursuant to City Charter Section 3.8(c) may be announced by any Council Member present and voting at any time during the poll of the vote and until the vote is concluded. He stated further that he announced a “Charter Objection” prior to Councilor Reyes’s voting being cast stating that his voice simply was not hear.

Council President Vasquez stated that the ruling of the Chair is based on the opinion of the City

Attorney that the poll of the roll call vote commenced and Councilor Estela Reyes announced her vote which was recorded by the City Clerk prior to Councilor Rodriguez announcement of a “Charter Objection”. was called and recorded.

Upon continuing, Councilor Rodriguez affirmed that he could not be heard when he announced a

“Charter Objection” before the poll of the roll call vote was concluded.

Upon being granted the floor, Councilor Estela Reyes stated that she announced her vote before the

“Charter Objection” was announced.

Upon being granted the floor, Councilor De la Cruz stated the matter must advance.

Council President Vasquez stated the ruling and vote has been entered and the conversation should not continue on this item.

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Upon inquiry, the City Clerk stated that he is unaware of any recourse available on the issue presented.

Upon being granted the floor, Council Vice President Laplante referenced Council Rule 9 – Appeal stating that it may apply in this situation.

Council President Vasquez read Rule 9 into the record.

RULE 9 - APPEAL

Any member of the City Council may appeal the decision of the presiding officer, by motion. No other business shall be in order until the question of the appeal is decided. No debate shall be permitted upon the question of appeal. The vote upon the question of appeal from the ruling of the presiding officer shall be by roll call. The decision of the presiding officer shall stand unless a majority of the votes are to the contrary. The presiding officer shall be allowed to vote on any question of appeal. [City Council Rules (2020)].

Upon being granted the floor, Councilor Rodriguez presented a motion to appeal the decision of Council

President Vasquez as Chair of the Lawrence City Council in regard to the decision presented.

Council President Vasquez read the motion presented and called for a second. As no second to the motion was offered by any Council Member present, Council President Vasquez again requested any Council

Members to offer a second to the Motion to Appeal the decision of Council President concerning the ruling on the ineffective entry of a “Charter Objection” by Councilor Rodriguez regarding the vote to approve the item under consideration.

Council President Vasquez announced that the Motion to Appeal presented by Councilor Rodriguez failed due to a lack of a second.

Doc. 20/20: Approved

VIII. WITHDRAWALS: - None

IX. OLD BUSINESS:

Doc. 224/19: Amend zoning Sec. 29-19 C5-permitted uses “shopping centers” and “car wash” –Counc. DePena [appvd 02-04-20] [Mayor’s Response dated: 02-19-20] [Executive Session Anticipated] – Correspondence to Invite City Attorney/Tabled

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Upon being recognized, City Clerk Maloney informed the Council Members that the item is presented for a determination of the Council Members in regard to the vote of the Council Members to approve the measure recorded on February 2, 2020 which was forwarded to Mayor Rivera on February 10, 2020 in accord with City Charter Section 4.9 and returned to the City Clerk on February 19, 2020. The City Clerk reported that the documents returned by the Mayor did not indicate written “approval” or “veto” leaving both of these responsive options “unmarked” with only a comment “See City Attorney Ruano’s Opinion” attaching an opinion of Assistant City Attorney LaGreca which concludes that the City Council vote approving the measure is “invalid”. The City Clerk informed the Council Members that the memo presented by Assistant City

Attorney LaGreca erroneously concludes that the City Clerk failed to properly public the item sometime in

September of 2019 despite properly publishing the item on January 7, 2020 and January 14, 2020 in advance of the public hearing held on January 21, 2020 as required under G.L. c. 42A, sec. 5 applicable to zoning amendments. The City Clerk stated further that the analysis of the Assistant City Attorney states that the publication used to advertise the proposed amendment incorrectly cited a proposed amendment to the Overlay

District to allow for a “car wash” and “shopping mall” rather correctly advertising a proposed amendment to the

Planned Industrial Development District. Further, the memo of the Assistant City Attorney also states that abutters were not provided with notice of the proposed zoning amendment which is an error in and of itself because there are no abutters to be notified because the proposed amendment is not a “variance” but an amendment that would apply to the “use table” of the PPID. The City Clerk informed the Council Members that the proposed amendment placed by the City Clerk was placed based on language supplied by Land Use

Planner McCarthy who confirmed that the amendment does not entail notification to abutters since there are none to be notified. More importantly, the memo of the Assistant City Attorney appears is flawed in the assignment of a publication error of the City Clerk that does not exist – the City Clerk stated that there is no publication by the City Clerk in September of 2019 which appears to be publication that may be required by the

Planning Board at that time. The publication of the City Clerk in January of 2020 usually mirrors the

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[Tuesday, March 24, 2020] publication by the Planning Board since it concerns the same notice. However, the City Clerk only publishes notices that are sent by the Planning Board because the notices are reflective of the public hearings conducted by the Planning Board.

The City Clerk stated further that in addition to these matter, the approval by the City Council by its vote recorded on February 4, 2020 and reported to the Mayor pursuant to Section 4.9 of the Lawrence City Charter is presented to the City Council because the Mayor’s 4.9 return is “vague” and “inconclusive” due to the failure to report whether or not the measure is either “approved” or “vetoed”. The Mayor’s notation to “See City

Attorney Ruano’s Opinion” is entered on the “Comments” section of the form and may be considered an

“objection” which is a term that is referenced in City Charter Section 4.9 which states as follows:

4.9 Approval of the Mayor; Power of Veto.

Every measure relative to the affairs of the city adopted by the city council except (a) measures relating to the internal affairs of the city council, (b) memorial resolutions, and (c) emergency measures shall be presented to the mayor for his approval. If the mayor approves of it, he shall signify his approval by signing it; if he does not approve of it, he shall signify his disapproval by returning it with his objections, in writing, to the city council. The city council shall enter the objections of the mayor upon its records and shall, forthwith, reconsider said measure. If, on such reconsideration, six members shall agree to pass such measure notwithstanding the disapproval of the mayor, it shall be considered approved. If any measure is not returned by the mayor within ten days following the date it is presented to him, it shall be considered approved. A filing with the clerk of the council shall be considered a return by the mayor to the city council. All votes taken on measures returned by the mayor shall be by roll call. [Lawrence City Charter (2020) – emphasis supplied]

The City Clerk concluded by stating that the matter concerns an amendment to the Zoning Ordinances upon the vote of the City Council with a “comment” entered by the Mayor which cannot be conclusively determined as a “veto” since the response filed does not present the response as a “veto”. He stated that these issues are presented for consideration and determination by the City Council as to whether the vote of the

Council is to be affirmed or if some other action is to be taken.

Upon being granted the floor, Council Vice President Laplante inquired about Parliamentary procedure and the timeline of the item. In response, City Clerk Maloney stated that the substance of the 4.9 return by the

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Mayor is questionable – it is unsigned and does not registered “approval” or “objection” which may require a legal determination to answer the question posed.

Upon being granted the floor, Councilor Estela Reyes asked if a motion to approve can be presented.

Upon being granted the floor, Councilor Rodriguez stated the only thing the Council can do is over-ride the “recommendation” or “veto” as a legislative body.

Upon being recognized, City Clerk Maloney stated that he is not sure of the substantive quality of the document returned and may not be a “veto” but also may not be an “approval”. If the 4.9 return response is determined “insufficient” as a veto the “automatic approval” provisions of City Charter Section 4.9 may be invoked and the comments may be ineffective to register a veto. These issues are all indeterminate.

Upon being recognized, Councilor Estela Reyes asked if the item should be tabled.

Council President Vasquez suggested that it may be necessary to obtain further information from City

Attorney Ruano concerning this matter and to “table” the item until that time.

Upon being granted the floor, Councilor Estela Reyes presented a motion to “table” the item and the motion died for lack of a 2nd.

A discussion ensued between Council President Vasquez and Councilor Rodriguez regarding proper proceedings.

Upon being granted the floor, Councilor Rodriguez presented a motion to invited City Attorney Ruano to attend next City Council Meeting to provide additional information concerning the position of the City

Attorney’s Office. The motion was seconded by Councilor Estela Reyes and Council Members present voted by roll call vote to approve the motion as follows: Yes-7; Absent-2

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Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 224/19: Correspondence to Invite City Attorney/Tabled

X. TABLED MATTERS:

The following items remained “tabled” without further action:

133/14 Military/Veteran Recognition-Counc. Laplante 197/14 Double Poles–Locations–Review–Council Pres. Maldonado [ud][11-12-19] 72/16 Residency requirement-City Employees – Home Rule Petition – Review – Council Pres. Vasquez – Ord. Cmt 125/17 Establishing maximum motor vehicle speed city wide to 25mph–Request to Amend Chapter 10.26 – Council Pres. Vasquez & Counc. Rodriguez – Public Hearing 221/17 Stop Sign–Intersection of Andover and Foster Streets–Counc. Vice Pres. Laplante– Public Hrg Pending-Traffic Study Ordered 11/18 Creation of City Council Standing Subcommittee on Education – Counc. De La Cruz – Ord. Cmt 85B/18 Rental Insurance Policy Requirement for All Rental Units- [Sec. 15.12.065] - Counc. Payano – Public Hearing 110/18 Haverhill St–One way btwn Prospect and Haverhill Sts–Counc. Levy–Public Hearing Open [8-21-18] 121/18 Recycling Program Ordinance-Counc. Payano-Ord. [PH Closed][ud][01-07-20] 148/18 Lawrence Auxiliary Police – Council Vice Pres. Rodriguez & Counc. Payano – Public Safety Cmt. 168/18 Americans with Disabilities Act: Poll Accessibity Citations DOJ– [Executive Session Anticipated][T][08-21-18] 189/18 A&M Auto Body, Inc. – 341 South Broadway –Zoning Amendment [Executive Session Anticipated][T][01-29-19] 208/18 Handicapped Parking – 69 Greenwood Street – Counc. DePeña – Ord. Cmt. & Public Hearing to be Ordered 214/18 Board of Health Ordinance Amendment–Counc. Payano–Public Hearing Closed [8-21-18] 326/18 Lawrence Opioid Litigation – Counc. Payano and Council Vice Pres. Rodriguez [T] [12-4-18] 328/18 Lawrence Emergency Response- Counc. Payano[T][09-18-18] 355/18 Arlington Street – One Way [30 minutes from 3pm to 3:30pm] in front of the Arlington School – Counc. DePeña-Ord. Cmt. [T] [05-21-19] 389/18 Department Heads Quarterly Report-Counc. Payano & Council Vice Pres. Rodriguez- Committee of the Whole [02-05-19][T] 142/19 Columbia Gas Update-Mark Kempic, Columbia Gas President/COO- Counc. Pres. Vasquez [ud] [11-12-19] 162/19 Allowing Commercial Vehicles to park on Union St.[East Side]- Counc. Laplante-Ord. Cmt. [T] [09-03-19] 170/19 Resolutions- Recognition of Lawrence Academic Achievers-Counc. Laplante-[T][06-04-19] 243/19 Request to display and sell produce-127 South Union St-Tropical Mini Market Corp.- Ysidro Polo-Ord. Cmt. [T] [09-03-19] 296/19 Museum Square Litigation-[Executive Session Anticipated]-Dan Rivera, Mayor [T][09-03-19] 308/19 Merrimack Street-4 Temporary Resident Parking Spaces (To expire upon completion of the Riverwalk Parking Garage)-Counc. Laplante (ref. to Off. Scanlon 10/15/19)(PH Ordered)[T][02-04-20]

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315/19 One Side Parking Only-Sunset Ave.-Counc. De Pena [T][PH closed- Motion to Apprv Pending [03-10-20] 354/19 Oliver School Building Project-[Executive Session Anticipated] -Cynthia Paris, Superintendent of Schools [T] [11-12-19] 367/19 No Parking-Tenney Street, east side from corner of Lea and Tenney Sts. to Arlington St.- Mayor Dan Rivera & Pres. Vasquez-Pub. Hrg. 402/19 No Parking-North Parish Road(south side-7:00am to 9:00am on days school is in session only)- Counc. De Pena-Pub. Hrg. 22/20 Museum Square Litigation [Executive Session Anticipated]-Counc. Payano [T] [01-21-20]

XI. NEW BUSINESS:

Doc. 87/20: Request for Authorization for the Expenditure of Grant Funds Critical Services to Address COVID-19 Emergency Mike Armano, Inspectional Services Director – Declared Emergency/Council Rules Suspended/Approved/30 days waived

Council President Vasquez informed the Council Members that this item should be presented for immediate consideration of the Council Member due to the immediate necessity of using funds allocated to provide emergency services necessary to combat COVID-19 matters. Council President Vasquez introduced the item and invited Inspectional Service Director Mike Armano to address the City Council with further information concerning the need to immediately use and access the funds available.

Upon being recognized, Inspectional Services Director Armano provided information concerning the grant funds awarded to the City of Lawrence and the immediate need to use the funds to purchase goods and services necessary to fight the COVID-19 pandemic. He requested the Council Members consider the matter an emergency and to further consider approving the item. He stated that the amount originally awarded was

100,000.00 when filed but was increased to 200,000.00 earlier today. He asked that the Council Members consider approving the funds in an amount of 200,000.00.

10:00 p.m. - Councilor Estela Reyes presented a motion to conduct City Council proceedings past 10:00 p.m. The motion was seconded by Councilor De La Cruz and approved by roll call vote of the Council Members present as follows: Yes-7; Absent-2

Councilor Estela Reyes - Yes Councilor Ana Levy - Absent Councilor Celina Reyes - Yes Councilor David Abdoo - Yes

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Councilor Pavel Payano - Absent Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Upon being recognized, Councilor Rodriguez presented a motion to invoke City Charter Section 3.8(b) to declare the item and emergency measure citing the necessity of using the funds available to address emergencies caused by the COVID-19 pandemic virus affecting the health and safety of residents of Lawrence and all people who may be affected by the virus. He further presented a motion suspend the Rules of the City

Council in order to allow the City Council Members to consider approval of the item in order to immediately access the funds available as needed to address the effects of the COVID-19 virus pandemic. The motion was seconded by Councilor Estela Reyes.

Upon being granted the floor, Council Vice President Laplante asked about the amount of funds available which Director Armano confirmed that an additional 100,000.00 was made available today and asked if the Council Members would consider amending the original petition amount which provides 100,000.00 for a new total amount available of 200,000.00. Council Vice President Laplante asked Councilor Rodriguez if he would amend his motion to receive the funds in the total amount of 200,000.00. Councilor Rodriguez suggested an increase of up to 300,000.00 if more money were offered.

At the request of Council President Vasquez, Assistant City Attorney Timothy Houten suggested that the Council not exceed the amount presently available through the grant offered. He stated that the motion should reflect the amount offered in the grant in order to properly expend the funds received.

Upon continuing, Director Armano informed the Council Members that the funds would be used to directly address COVID-19 issues including investigation of complaints and regulation enforcement in order to assure the public safety.

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Upon being granted the floor, Councilor Rodriguez posed questions about hiring personnel to perform inspections and enforcement requirements. Director Armano discussed and explained the use of staff to proactively address COVID-19 safety issues.

Upon being granted the floor, Councilor De La Cruz thanked Director Armano for the work he is doing and offered her assistance.

Upon being recognized, Councilor Rodriguez stated that he amends his motion to approve the authorization for use of funds up to 200,000.00 and to waive any applicable 30 day waiting period pursuant to

City Charter Section 3.8(a).

Upon no further inquiry, comment or discussion Council President Vasquez called the motion to the attention of the Council Members present who voted by roll call vote to approve the motion as presented and amended as follows: Yesw-8; Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Absent Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 87/20: Declared Emergency/Council Rules Suspended/Approved/30 days waived

Council President Vasquez brought the matters listed below to the attention of the Council Members present and referred each to the Council Subcommittee as indicated:

72/20 National Grid and Verizon-request to locate poles, wires, and fixtures-Lawrence Street- Dave Johnson, Supervisor, Dist. Design – Ref. to Ord. Cmt. 73/20 National Grid and Verizon-request to locate poles, wires, and fixtures-Chestnut Street- Dave Johnson, Supervisor, Dist. Design – Ref. to Ord. Cmt. 74/20 Drip Drive-Compagnone Common-06/13/20-12-6pm-Michael Bastien – Ref. to Ord. Cmt. 80/20 Acquisition of O’Neil Park From Lawrence Redevelopment Authority –Laiza St. Onge, Asset Officer- Ref. to Housing Cmt. 81/20 No Parking-William Street at corner of 50 Josephine Avenue-Counc. De La Cruz-Ref. to Ord. Cmt. 82/20 Stop Sign- Josephine Avenue/Williams Street-Counc. De La Cruz – Ref. to Ord. Cmt.

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83/20 Handicapped Parking-9 Hillside Avenue-Myra Gonell – Ref. to Ord. Cmt. 84/20 20 Minute Parking-Request to DELETE-654 Essex Street-JC Express-Jose A. Reyes Perez- Ref. to Ord. Cmt. 85/20 Handicapped Parking-128 Union Street-Michelle Nunez – Ref. to Ord. Cmt. 86/20 Request for Authorization to Expend Literacy Coordinator Grant [50,000.00]-Lawrence Public Library- Jessica V. Vilas Novas, Library Director – Ref. to Budget & Finance Cmt. 88/20 Disposition of 46 Amesbury Street, Unit 1A to Counselors Hall Condominium Association- Raquel Ruano, City Attorney – Ref. to Housing Cmt.

XII. ADJOURNMENT:

Upon Motion of Councilor Estela Reyes duly seconded by Councilor Celina Reyes, the Council

Members present voted by roll call vote to Adjourn as follows: Yes-8; Absent-1

ADJOURNED (10:20p.m.)

Attest:

William J. Maloney City Clerk

Date Approved: May 5, 2020

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MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday April 7, 2020

Facebook: Lawrence City Council page - https://www.facebook.com/TheLawrencecitycouncil/ YouTube: Lawrence City Council page- https://www.youtube.com/channel/UC-2T3lkuyO1ywReSTsm3fsA Gotomeeting Access: https://global.gotomeeting.com/join/710499349 Also, you are able to access by phone: (phone number) Phone: (646) 749-3122; (access code) 710-499-349

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B] – Present; Councilor Anna Levy [Councilor at Large] – Absent at roll call; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E] – Absent at roll call; Councilor Pavel Payano [Councilor At Large] –– Absent at roll call; Councilor Maria De La Cruz [District A] Present; Councilor Jeovanny Rodriguez [District D] Absent at roll call; Council Vice President Marc Laplante [District F] – Present; Council President Kendrys Vasquez [District C] – Present;

Councilor Payano arrived at 7:07 p.m. Councilor Levy arrived at 7:12 p.m. Councilor Rodriguez arrived at 7:30 p.m Councilor Rodriguez left the meeting at 8:35 p.m.

I. APPROVAL OF MINUTES:

Council President Vasquez announced that the City Council Meeting was being conducted remotely by electronic means with access available as provided in the pubic notice postings inviting all who wish to observe and/or participate announcing the above information.

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Council President Vasquez informed the Council Members present that the minutes of City Council

Meetings conducted March 10, 2020 were submitted by the City Clerk for consideration of approval by the City

Council Members present. Upon the motion of Councilor Estella Reyes to approve the minutes as presented duly seconded by Councilor De La Cruz, the Council Members present voted by roll call vote [6-0] to approve the minutes as follows: Yes-6; Absent-3

Councilor Estela Reyes - Yes Councilor Ana Levy - Absent Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Absent Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez – Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez - Yes

II._PUBLIC PARTICIPATION:

Homayoun Maali, 53 Chester Street, Lawrence, MA demanded Mayor Rivera support the Lawrence

Police Department by finalizing contract negotiations with the Patrolman’s Union. He praised the Lawrence

Police Department, Police Chief Roy Vasque, Fire Department, Department of Public Works, Lawrence Public

Schools their Teachers and Unions, and Superintendent Cynthia Paris for the work they provide to the City of

Lawrence . He stated September 13, 2020 should be Police appreciation day. He spoke of the Covid-19 virus and pray for first responders.

Bill Collins, 1 Platt Court, Lawrence, MA spoke about the upcoming Budget & the Veteran’s Service

Office stating it requires three members, one Director and two Assistant Directors. He stated the office is understaffed and asked it be staffed as required by ordinance. Mr. Collins cited other cities that are well staffed.

He stated Veterans are not being well served.

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III. PUBLIC HEARINGS:

Doc. 75B/20: Proposed Ordinance calling for Eviction Moratorium for all Lawrence Residents due to Coronavirus (COVID-19)-Mayor Dan Rivera and Council President Vasquez- Public Hearing –held – Approved

Upon being recognized, Councilor Estela Reyes presented a motion to suspend the Rules of the City

Council in order to discharge the matter from the Ordinance Committee and address the matter. The motion was seconded by Councilor De La Cruz and a discussion among the Council Members ensued.

Upon being recognized, Councilor Payano asked if the Ordinance Committee discussed the measure.

Council President Vasquez said no the measure was not discussed.

Council President Vasquez called the motion to the attention of the Council Members present.

Upon motion of Councilor Estela Reyes as seconded by Councilor De La Cruz, Council Members present voted by roll call vote to suspend the Rules of the City Council in order to discharge the matter from the

Ordinance Committee and address the matter as follows: Yes-7; Present-1; Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Absent Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Present Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Upon being granted the floor, Councilor De La Cruz spoke in approval.

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Homayoun Maali 53 Chester Street, Lawrence, MA stated the ordinance is in conflict with

Massachusetts Law expressing his opposition to the proposed ordinance urging the Council Members not to approve the measure.

Upon being granted the floor, Councilor Estela Reyes presented a motion to approve the measure as presented. The motion was seconded by Councilor Celina Reyes.

Upon being granted the floor, Councilor De La Cruz discussed and inquired about the agency to be in charge of any action.

Upon being granted the floor, Councilor Payano stated the City Council took the correct action regarding the issues surrounding this measure. He stated that approval of this measure may not be constitutional and may not survive a lawful challenge.

Upon being granted the floor, Council Vice President Laplante discussed the memo of City Attorney

Ruano who states that the ordinance may not be constitutional. Council Vice President Laplante stated many landlords rely on rents as income. He informed the Council Members that the State Legislature is currently considering legislation concerning the same issue which may address the matter sought by the proposed ordinance. Council Vice President Laplante continued by stating that the proposed ordinance will not remove tentant’s obligation to pay rent but will only allow landlords to delay rental payments and for tenants to defer rent to be paid at a later date.

Upon being granted the floor, Councilor De La Cruz stated the ordinance will only apply to tenants who make a good faith effort to pay.

Upon being granted the floor, Councilor Estela Reyes emphasized that the proposed ordinance will be used to forgive rent. She pointed out that people believe the rent will be forgiven for two months.

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Upon being granted the floor, Councilor Payano stated the ordinance may be unconstitutional, stating further that a court will not evict anyone until May 2nd and not likely to evict tenants due to Covid-19 issues.

He urged the City Council not to approve the measure and spoke in support of other meaningful action.

Upon being granted the floor, Councilor Levy agreed with Councilor Payano stating that tenants believe they are being allowed two months “rent-free” and no money will be due for rent for two months.

Upon being granted the floor, Councilor Rodriguez asked if the ordinance applies to tenants living in

Section 8 Housing like the Lawrence Housing Authority apartments.

Upon being recognized, Mayor Rivera explained that the proposed ordinance is not a reason for tenants not to pay rent due for any and all months but is directed at illegal eviction of tenants who are evicted by landlords who may not use the eviction process to obtain a court order of eviction. Mayor Rivera stated the constitutional issue is over-ridden by the public health threat.

A discussion ensued between Councilor Rodriguez and Mayor Rivera about the purpose and effect of the proposed ordinance.

Upon being granted the floor, Councilor De La Cruz discussed the requirement to pay rent. She stated the city should have a plan in place to assist tenants who will be required to pay rent and mortgages.

Upon being granted the floor, Councilor Payano stated that the provisions that are contrary to state law which can be used under state law. He stated the ordinance exposes the city to possible liability since the city

Attorney already advises the measure is unconstitutional.

Mayor Rivera responded that the measure is clear and rent is still due during the period of time the ordinance is in effect. He stated that tenants who are undocumented are not likely to call the police in face of an illegal eviction.

Upon continuing, Councilor Payano commented about instances of action where the ordinance may not survive review.

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Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez closed the discussion portion of the proceedings and called upon the Members present to consider the matter presented. Upon a motion to approve presented by Councilor Estela Reyes, as seconded by

Councilor Celina Reyes, the Council Members present voted by roll call vote to approve the measure as follows: Yes-5; No-3; Present-1

Councilor Estela Reyes - Yes Councilor Ana Levy - No Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - No Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Present Council Vice President Marc Laplante - No Council President Kendrys Vasquez - Yes

Doc. 75B/20: Approved

IV: Communication from Mayor, City Officials & City Attorney:

Doc. 94/20: Election Update During COVID-19-William J. Maloney, City Clerk – Tabled

Upon being recognized, City Clerk Maloney stated that the item presented is offered as an “ongoing” item to keep the City Council Members informed about the effect that the epidemic has upon elections currently and throughout the election process. The City Clerk informed the Council Members that the Election Division is presently without sufficient staff to execute administrative operations despite a determination by Governor

Baker that all State Election staff are considered “essential employees” and are required to report to work daily.

He stated that employees in the Election Division have not been showing up to work since approximately

March 18, 2020 due to fears of contracting the coronavirus and additional fears of the illness that may follow but, more importantly, the fear of transmitting the disease to elderly relatives who may be more susceptible to disease transmission which could result in quarantine, hospitalization and possible death. He stated that employee concerns are not allayed or calmed by the essential status determination by the Commonwealth of

Massachusetts or the Mayor of Lawrence as the employees do not want to be responsible for their elderly

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[Tuesday, April 7, 2020] relatives contracting the disease and dying. He stated that demands for periodic testing of essential employees presented to the Mayor and the Employee Unions representing the staff the Administration confirmed that testing of election staff would “not be practical” and the unions have failed to respond. He further informed the

Council Members that all City Department Heads have been left without resources to purchase equipment or products to keep employees safe such as respiratory masks, sanitary wipes for surfaces, disinfectant, professional disinfecting of the premises, and temporal thermometers. He stated that despite contacting several suppliers [suppliers currently supplying the City suggested by Fire Chief Moriarty and other private companies] all suppliers were “currently out of stock” and asked to contact them sometime in the future or to enter an order that would be filled when supplies become available. As a result it was necessary to demand assistance to obtain protective supplies and equipment from the Administration. The City Clerk stated that remains empathetic to the situation of election staff stating that it is not usual to require staff be put into a position of possibly transmitting a virus to elders under their care that may result in their death. He further informed the

Council Members that despite this extreme condition election staff were informed that the Administration requires their attendance at work each day because they are determined to be “essential” by Governor Baker.

Despite being informed of their elevated status election employees sought confirmation of their new categorization from Mayor Rivera who ultimately demanded their presence at work. The Clerk continued by informing the Council Members that the persistence of mandatory “stay at home” orders issued by State and

Local Officials along with limitations on the number of people who may gather at any one location will have an impact on any election if held while such requirements remain in place. Issues that need to be immediately addressed concern the use of ballot markers which are usually distributed to the public and collected for re-use, disinfecting voting booths and all voting equipment for use, disinfecting all poll locations, the availability of poll workers [the average age being above aged 65 years], providing personal protective equipment for poll works, the necessity of providing personal protective equipment to voters appearing at poll location, and a determination whether or not nursing homes and assisted living locations that presently serve as poll locations

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[Tuesday, April 7, 2020] will be available are all matters that have to be determined as soon as possible. Other issues concerning the manner by which voters will be casting ballots in the State Primary [scheduled for September 1, 2020] and the

Presidential Election [scheduled for November 3, 2020] have to be immediately considered and determined by the City Council in exercise of its duties and responsibility as the supervisors of elections pursuant to the

Lawrence City Charter. He stated that these issues and others should be considered in cooperation with the

Administration who is provides the means to conduct elections. Upon concluding these remarks, the City Clerk suggested the Council Members consider “tabling” the item to allow further communications as needed without referring the item to a subcommittee. He thanked the Council for their consideration stating that current circumstances have created an atmosphere of uncertainty and panic that has not yet subsided.

Upon being granted the floor, Councilor Levy inquired about the due date for nomination papers. City

Clerk Maloney responded April 28, 2020. He stated that nomination signature may be difficult to obtain by candidates due to the “stay at home orders” and required “personal distancing” practices in place. He also discussed difficulty obtaining sufficient poll workers if conditions persist.

Council President Vasquez thanked Clerk Maloney for the information and update.

Upon being granted the floor, Councilor Levy moved to “table” the item. The motion was seconded by

Councilor Estela Reyes and Council Members present voted by roll call vote to “table” the item as follows:

Yes-9; No-0

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 94/20: Tabled

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V. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Doc. 76/20: Appropriation Transfer [265,854.00] From Free Cash to Parking Garage Lots Enterprise Fund-Other Purchased Services (251510-5380)-Mayor Dan Rivera-Budget & Fin. Cmt. – Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Levy and unanimously approved by the Council Members present by roll call vote as follows: Yes-8; No-1

Doc. 76/20: Approved

Doc. 77/20: Appropriation Transfer-From Free Cash to Special Projects Account (to be created) Resident Legal Assistance Fund COVID-19) [150,000.00]-Mayor Dan Rivera-Budget & Fin. Cmt.- Tabled

Upon being granted the floor, Councilor Estela Reyes asked about whether or not the money is directed to any specific agency.

Upon being granted the floor, Council Vice President Laplante explained that the funds are expected to be provided to Northeast Legal Services.

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Upon being granted the floor, Councilor Estela Reyes moved to “table” the item. The motion was seconded by Councilor De La Cruz and Council Members present voted by roll call vote to “table” the appropriation as follows: Yes-6; No-3

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez – No Councilor Maria De La Cruz - Yes Councilor Pavel Payano - No Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - No Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 77/20: Tabled

[8:35 p.m. - Councilor Rodriguez left the meeting]

Doc. 78/20: Appropriation Transfer-From Free Cash to DPW Special Projects Account-Clean Lawrence Initiative [200,000.00]-Mayor Dan Rivera-Budget & Fin. Cmt – Approved

Upon being granted the floor, Councilor De La Cruz suggested college students be recruited to work for the summer program. Councilor De La Cruz presented a motion to send correspondence to DPW and the

Personnel Director to encourage hiring local Lawrence youths. The motion was seconded by Councilor

Estela Reyes.

A discussion between Councilor Vice President Laplante and Councilor De La Cruz ensued regarding hiring youths between the ages of 18-21 who attend college.

Upon being granted the floor, Councilor Payano asked what jobs are being filled. A discussion ensued between Councilor De La Cruz and Councilor Payano about those to be hired. Councilor Payano stated concern about people who are not in college, not being hired because they don’t meet the criteria.

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Upon being granted the floor, Councilor De La Cruz explained further that many available youths need work to assist with college expenses.

Upon no further inquiry, comment or discussion Council President Vasquez called the motion to send correspondence to DPW and the Personnel Director to hire local youths in college and Council Members present voted by roll call vote to approve the motion as follows: Yes-8; Absent-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Council President Vasquez call upon the Council Members present to consider the motion to approve the Appropriation Transfer and Council Members present voted by roll call vote to approve the appropriation transfer as follows: Yes-8; Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez – Absent Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 78/20: Approved

Doc. 86/20: Request for Authorization to Expend Literacy Coordinator Grant [50,000.00]- Lawrence Public Library-Jessica V. Vilas Novas, Library Director – Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item as presented. The report was

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[Tuesday, April 7, 2020] presented in the form of a motion to approve the item which was seconded by Councilor Estela Reyes and

Council Members present voted by roll call vote to approve the item as follows: Yes-8; Absent-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 86/20: Approved

VI. COMMITTEE REPORTS:

Doc. 80/20: Acquisition of O’Neil Park From Lawrence Redevelopment Authority – Laiza St. Onge, Asset Officer-Hsg. Cmt. – Approved

At the request of Council President Vasquez, Councilor Payano presented the report of the Housing

Committee recommending the approval of the item as presented. The report was presented in the form of a motion to approve the item which was seconded by Councilor Levy and Council Members present vote by roll call vote to approve the item as follows: Yes-8; Absent-1

Doc. 80/20: Approved

Doc. 88/20: Disposition of 46 Amesbury Street, Unit 1A to Counselors Hall Condominium Assocn- Raquel Ruano, City Attorney-Hsg. Cmt. – Approved

At the request of Council President Vasquez, Councilor Payano presented the report of the Housing

Committee recommending the approval of the item as presented. The report was presented in the form of a

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[Tuesday, April 7, 2020] motion to approve the item which was seconded by Councilor Levy and Council Members present vote by roll call vote to approve the item as follows: Yes-8; Absent-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 88/20: Approved

VII. WITHDRAWALS: - None

VIII. OLD BUSINESS: - None

IX. TABLED MATTERS:

The following items remained “tabled” without further action:

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326/18 Lawrence Opioid Litigation – Counc. Payano and Council Vice Pres. Rodriguez [T][12-4-18] 328/18 Lawrence Emergency Response- Counc. Payano[T][09-18-18] 355/18 Arlington Street – One Way [30 minutes from 3pm to 3:30pm] in front of the Arlington School – Counc. DePeña-Ord. Cmt. [T] [05-21-19] 389/18 Department Heads Quarterly Report-Counc. Payano & Council Vice Pres. Rodriguez- Committee of the Whole [02-05-19][T] 142/19 Columbia Gas Update-Mark Kempic, Columbia Gas President/COO-Counc. Pres. Vasquez [ud] [11-12-19] 162/19 Allowing Commercial Vehicles to park on Union St.[East Side]-Counc. Laplante- Ord. Cmt. [T] [09-03-19] 170/19 Resolutions- Recognition of Lawrence Academic Achievers-Counc. Laplante-[T] [06-04-19] 224/19 Amend zoning Sec. 29-19 C5-permitted uses “shopping centers” and “car wash” – Counc. DePena [appvd 02-04-2] [Mayor’s Response dated: 02-19-20] [Executive Session Anticipated] 243/19 Request to display and sell produce-127 South Union St-Tropical Mini Market Corp.- Ysidro Polo-Ord. Cmt. [T] [09-03-19] 296/19 Museum Square Litigation-[Executive Session Anticipated]-Dan Rivera, Mayor [T][09-03-19] 308/19 Merrimack Street-4 Temporary Resident Parking Spaces Counc. Laplante (various parking ord)-PH Ordered)[T][02-04-20] 315/19 One Side Parking Only-Sunset Ave.-Counc. De Pena [T][PH closed- Motion to Apprv Pending [03-10-20] 354/19 Oliver School Building Project-[Executive Session Anticipated]- Cynthia Paris, Superintendent of Schools [T][11-12-19] 367/19 No Parking-Tenney Street, east side from corner of Lea and Tenney sts. to Arlington St.- Mayor Dan Rivera & Pres. Vasquez-Pub. Hrg. 402/19 No Parking-North Parish Road(south side-7:00am to 9:00am on days school is in session only)- Counc. De Pena-Pub. Hrg. 22/20 Museum Square Litigation [Executive Session Anticipated]-Counc. Payano [T][01-21-20] 61/20 Corona Virus-Lawrence Preparedness-Counc. Pres. Vasquez & Counc. Payano-Pub. Safety [T-Recommit][03-24-20] 71/20 JRM Carting Discussion-Counc. Jeovanny Rodriguez [T][03-24-20]

ITEM ADDED AT THE MEETING

Doc. 95/20: Lawrence COVID-19 Curfew Ordinance-Councilor De La Cruz-Rules of Council Suspended- Item Declared Emergency-Added to Agenda & Ref. to Ord. Cmt.

Upon being granted the floor, Councilor De La Cruz stated she would like to discuss implementing a curfew in the City of Lawrence presenting a motion to Suspend the Rules of the City Council, declare the item an emergency measure, add the item to the City Council Agenda in order to allow the City Council to debate and consider the issues presented. The motion was seconded by Councilor Estela Reyes.

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Upon inquiry by Council President Vasquez which requested an opinion of Counsel to the City of

Lawrence, City Attorney Ruano stated the item may not be an actual emergency measure because Councilor De

La Cruz brought the matter up at the last meeting on March 24, 2020 suggesting that there would be sufficient time to place the item on the Council Agenda.

Upon being granted the floor, Councilor De La Cruz stated that the reason she is proposing the item be added is that the health and safety emergency exists because people are congregating in the street resulting in illness from the coronavirus which may be transmitted and cause death to others.

Upon being granted the floor, Council Vice President Laplante stated the item appears to be an emergency.

City Attorney Ruano stated the solution to the problem described may have to be addressed in a different manner other than a quarantine.

Upon being granted the floor, Councilor Levy suggested that Doc. 61/20 which is already on the Council

Agenda and may be sufficiently referenced to address this matter.

Council President Vasquez stated the item is now presented as an emergency.

Upon being granted the floor, Councilor Payano stated that the items is not codified as an ordinance and he would like to view a proposed ordinance before considering approval of a measure.

Upon being granted the floor, Councilor De La Cruz stated the circumstances are new and immediate action is necessary to limit the number of people outside after 9 p.m. to prevent people from being sick.

Council President Vasquez asked City Attorney Ruano what the City Council may be able to accomplish if the item were added this evening. In response, City Attorney Ruano stated that the Governor may not have the authority to declare a curfew. She stated that State law allows the Mayor to order implementation of a curfew under limited circumstances and limited actions tailored specifically to address the current health concerns presented. City Attorney Ruano indicated that the City of Lowell approved a curfew ordinance directed at other matters which the Supreme Judicial Court of Massachusetts later declared unconstitutional

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[Tuesday, April 7, 2020] because it failed to pass “strict scrutiny” judicial standards. Attorney Ruano discussed limitations that would be less restrictive.

Upon continuing, Councilor De La Cruz suggested sending a letter to Mayor Rivera to determine other available action.

Upon being granted the floor, Council Vice President Laplante asked for clarification on the motion pending.

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez called upon the Members present to consider the matter presented. Upon a motion to declare document 95/20 as an emergency and add to the agenda presented by Councilor De La Cruz, as seconded by

Councilor Estela Reyes, the Council Members present voted by roll call vote to approve the motion as follows:

Yes-6; Present-2; Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez – Absent Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Present Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Present Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Doc. 95/20: Declared Emergency/Ref. to Ord. Cmt.

Council President Vasquez referred the measure to the Ordinance Committee for further proceedings.

X. NEW BUSINESS:

Council President Vasquez brought the matters listed below to the attention of the Council Members present and referred each to the Council Subcommittee as indicated:

89/20 Disclosure of Conflict of Interest-Moraima M. Velez-Lawrence Police Dept Employee – Ref. to Ord. Cmt. 90/20 Request to Authorize Expenditure of Summer Learning Grant Funds-Jessica Vilas Novas, Library Director – Ref. to Budget & Finance Cmt.

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[Tuesday, April 7, 2020]

91/20 Appointment of Manuel A. Nunez as Voting Member of Planning Board [recd by City Clerk: 04-02-20]-Mayor Dan Rivera – Ref. to Pers. Cmt. 92/20 Appointment of Bethania Camilo-Correa as Voting Member of Planning Board [recd by City Clerk: 04-02-20]-Mayor Dan Rivera –Ref. to Pers. Cmt. 93/20 Handicapped Parking-Denise Lantigua [obo; Jonathan Vasquez]-186 Farnham Street –Ref. to Ord. Cmt.

XI. ADJOURNMENT:

Upon Motion of Councilor Estela Reyes duly seconded by Councilor Levy, the Council Members present voted by roll call vote as follows to Adjourn.

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

ADJOURNED (09:03p.m.)

Attest:

William J. Maloney City Clerk

Date Approved: 6-2-20

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MINUTES OF THE MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday April 21, 2020

Facebook: Lawrence City Council page - https://www.facebook.com/TheLawrencecitycouncil/ YouTube: Lawrence City Council page- https://www.youtube.com/channel/UC-2T3lkuyO1ywReSTsm3fsA Gotomeeting Access: https://global.gotomeeting.com/join/770160397 Also, you are able to access by phone: Phone: (646) 749-3112 – Access Code: 770-160-397

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B] – Present; Councilor Anna Levy [Councilor at Large] - Present; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E] – Present; Councilor Pavel Payano [Councilor At Large] -Present; Councilor Maria De La Cruz [District A] Present; Councilor Jeovanny Rodriguez [District D] Present; Council Vice President Marc Laplante [District F] – Present; Council President Kendrys Vasquez [District C] – Present;

Other attendance matters:

A Moment of Silence was held.

The Pledge of Allegiance was recited.

I. APPROVAL OF MINUTES:

Council President Vasquez informed the Council Members present that the minutes of City Council

Meetings conducted March 17, 2020 were submitted by the City Clerk for consideration and acceptance of the

City Council Members. Upon the motion of Councilor Estella Reyes to approve the minutes as presented duly

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[Tuesday, April 21, 2020] seconded by Councilor De La Cruz, the Council Members present voted by roll call vote to approve the minutes as follows: Yes-9; No-0

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez - Yes

II._PUBLIC PARTICIPATION:

Homayoun Maali, 53 Chester Street, Lawrence, MA stated these are trying times and we pray for the

Lawrence Police Department and First Responders. He praised the Lawrence Police Department, Police Chief

Roy Vasque, Fire Department, Department of Public Works, Lawrence Public Schools their teachers and

Unions, and Superintendent Cynthia Paris for the work they provide to the City of Lawrence. He asked for

Covid-19 testing for all. He reminded Mayor Rivera of his campaign promise “save Lawrence prosper

Lawrence” and demand your support.

Kelley Santadushi, 47 Hamlet Street, Lawrence, MA wanted to register her son in school for the rest of the year. Council President Vasquez provided his email and asked her to contact him.

III. PUBLIC HEARINGS: - None

IV: Communication from Mayor, City Officials & City Attorney:

Doc. 97/20: Winter Parking Ordinance-Discussion-Counc. Payano – Ref. to Ord. Cmt.

Council President Vasquez brought the matter listed above to the attention of the Council Members present and referred the measure to the Council Subcommittee as indicated:

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Doc. 97/20: Ref. to Ord. Cmt.

V. APPROPRIATIONS-ORDERS-RESOLUTIONS:

Doc. 98A/20: Resolution to provide a Home Rule Petition to allow for Voting by Mail- Counc. Pres. Vasquez - Approved

Doc. 98B/20: Home Rule Petition to allow Voting by Mail - public hearing ordered on 4-21-20- Counc. Pres. Vasquez

Upon being granted the floor, Councilor Estela Reyes presented a motion to order a public hearing and refer the item to the Ordinance Committee, as seconded by Councilor Celina Reyes.

Upon being granted the floor, Councilor Levy asked if the voting by mail pertains to this election only or for the following years with city elections. In response, Council President Vasquez informed the Council

Members that the proposed measure would apply to the upcoming elections.

Upon continuing, Councilor Levy asked if the City Clerks’ Office has sufficient staff to administer the task.

City Attorney Ruano informed the Council Members that the Resolution alone, if approved, would not operate to change the manner which the elections would be administered. She stated the Resolution is already drafted and can be adopted tonight but further action would be necessary concerning election administration.

Council President Vasquez asked the Council Members for their action on the Resolution presented.

Upon being granted the floor, Councilor Rodriguez inquired about the parliamentary process necessary to present consider the proposed Resolution and moved to Suspend the Rules of the City Council to order to obviate the necessity of referring the item to a subcommittee and declare the item an emergency. The motion was seconded by Councilor Estela Reyes.

Upon being granted the floor, Councilor Levy inquired about the proposed Home Rule Petition and how it would be implemented.

Upon being granted the floor, Councilor Rodriguez discussed the Home Rule Petition process.

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Attorney Ruano explained that the Resolution presented for immediate consideration would precede a

Home Rule Petition.

Upon being granted the floor, Councilor De La Cruz asked how the community would be informed about voting by mail.

Council President Vasquez informed the Council Members that the current emergency situation would predicate the proceedings required to adopt a Home Rule Petition.

Upon being granted the floor, Councilor Abdoo stated he would like to support the item but may not be able to support the item at this time.

Council President Vasquez suggested the matter should be considered to assure election matters are timely considered and put in place. A discussion ensued between Councilor Abdoo and Council President

Vasquez concerning the item.

Upon being granted the floor, Council Vice President Laplante requested clarification of the current matter that is presented for consideration of approval. In response, City Attorney Ruano informed the Council

Members that the Council a Home Rule Petition would be an amendment to the state law requiring approval by the Legislature and a Resolution would be a position of the Lawrence City Council on the issue it addresses.

Upon continuing, Council Vice President Laplante stated that it would seem appropriate that a

Resolution may be adopted by vote this evening while a Home Rule Petition would follow a legislative process.

Council Vice President Laplante suggested that emergency declaration provisions require that the nature of the emergency be advanced as a preamble to support a motion to declare an item an emergency. In response,

Council President Vasquez stated that the nature of the emergency concerns legislative action to present and consider the means and manner of voting in the upcoming State Primary in September and the Presidential

Election in November which are approaching quickly requiring action by the City Council to allow for voting by mail in response to the current coronavirus public health emergency.

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Upon continuing Council Vice President Laplante stated that the Resolution if approved would serve to announce the position of the City Council Members in advance of any vote or action on a Home Rule Petition concerning the same matter without the opportunity to review the proposed legislation suggesting that a vote on the Resolution appears to require the same vote of the Council on a Home Rule Petition despite the actual provisions of the legislation.

Upon being granted the floor, Councilor Rodriguez stated the items presented are emergencies stated that time is of the essence in order to take appropriate steps in response to the coronavirus pandemic.

Upon being granted the floor, Councilor Estela Reyes stated the items presented to the Council Members is appropriate for immediate consideration rather than engaging any Council Subcommittee which would delay necessary legislative action due to the time that it may take to review and consider the matter only to be referred from the Council Subcommittee to the Full Council to reach the same point in the process.

Upon no further inquiry, comment or discussion Council President Vasquez called the motion to

Suspend the Rules of the City Council and declare the City Council Resolution presented in Document 98A/20 for immediate consideration of approval to the attention of the Council Members which the City Council

Members voted by roll call vote as follows: Yes-7; No-2

Council Vice President Marc Laplante - No Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - No Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez – Yes

Upon being granted the floor, Councilor Estela Reyes withdrew her motion to order a public hearing regarding the City Council Resolution as it may pertain to Document 98A/20.

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Upon being granted the floor, Councilor Rodriguez suggested that it may be appropriate to order a public hearing on the Home Rule Petition legislation this evening.

Upon being granted the floor, Councilor Payano suggested that it ordering a public hearing on a Home

Rule Petition subject to the Resolution concerning voting by mail may not make sense should be further explored.

Upon being granted the floor, Councilor Rodriguez stated that if anything occurs at the State Legislature regarding a change in voting methods the City Council may be required to conduct a special meeting to address those changes.

Council President Vasquez informed the Council Members that an order for a public hearing is often entered prior to the measure being presented and it would help to advance the process if the public hearing order entered this evening which would allow the City Attorney draft a measure appropriate for consideration and presentment.

Upon being recognized, Councilor Rodriguez presented a motion to order a public hearing on a measure that would present voting by mail as a Home Rule Petition provided in Document 98B/20 before the City

Council for its consideration. The motion was seconded by Councilor Estella Reyes.

Upon being granted the floor, Councilor Payano commented that the State Legislature may take action on an item that is different than the measure the Lawrence City Council may advance. Council President

Vasquez stated that the intention of this course of action is to protect Lawrence voters and residents.

Upon continuing, Councilor Payano stated that the necessity of advancing legislation through the Home

Rule Petition process to provide legislation that is specific to Lawrence voters and residents my be unnecessary if the state legislature approves other legislation concerning the manner of voting in the upcoming State elections.

Upon being granted the floor, Councilor Abdoo requested clarification and explanation about the content of the two documents presented before the City Council in Documents 98A/20 and 98B/20. Council President

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[Tuesday, April 21, 2020]

Vasquez provided a clarification of the two items to the Council Members present explaining that the

Resolution portion of the item has been approved by vote of the City Council in Document 98A/20 and the document referenced as Document 98B/20 is the Home Rule Petition legislative portion of the item which a motion to order a public hearing is pending a vote of the City Council Members.

Upon no further inquiry, comment or discussion Council President Vasquez called the motion to order a public hearing on Document 98B/20 for consideration of the Council Members present who voted unanimously to order a public hearing as follows: Yes-9; No-0;

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez - Yes

Doc. 98A/20: Resolution to provide a Home Rule Petition to allow for Voting by Mail-City Council Rules Suspended-Declared an Emergency-Approved

Doc. 98B/20: Home Rule Petition to allow Voting by Mail – Public Hearing Ordered

VI. COMMITTEE REPORTS:

Doc. 79/20: Authorization to Award Seven (7) Year Contract for Parking Management Services- Budget & Finance Cmt. – Approved

At the request of Council President Vasquez, Council Vice President Laplante presented the report of the Budget & Finance Committee recommending the approval of the item presented. The report was presented in the form of a motion to approve the item as seconded by Councilor De La Cruz.

Upon being granted the floor, Councilor Rodriguez discussed the proposed item for consideration and approval for a 7 year contract. He stated the City Council is authorizing the City of Lawrence to enter into a 7 year contract informing the City Council that there is not a formal draft of the contract available yet.

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[Tuesday, April 21, 2020]

Upon being granted the floor, Councilor De La Cruz asked about the necessity of a seven year contract and asked about the use of City Hall. Councilor Rodriguez responded that the company pays approximately

$1,000.00 a month rent to be housed in City Hall.

Finance Director Ianello discussed the rent paid by the company for using City Hall Offices which was recommended by the fiscal overseer which allows people to access the parking regulatory office. Director

Ianello commented on the necessity of a contract over seven years in order to allow the vendor selected recover the cost of meters.

Upon being granted the floor, Councilor Levy inquired about the price differences between a seven year contract and a three year contract indicating that a three year contract produces far less revenue than a seven year contract. She discussed options to terminate the agreement early under terms provided in the contract.

DPW Director Brian Pena stated meters would be replaced within 60 days of the contract award.

Upon continuing, Councilor Levy clarified the parking would remain at 1.00 per hour.

Council President Vasquez stated he will call the question on announcement of the call as the meeting proceeds.

Upon being granted the floor, Councilor De La Cruz commented that a five year contract would probably allow the city to terminate the agreement if the terms are not workable.

Director Ianello stated the difference of five years would be a loss of 150,000 per year.

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez called upon the Members present to consider the matter presented. Upon a motion to approve the item presented by Council Vice President Laplante, as seconded by Councilor De La Cruz, the

Council Members present voted by roll call vote and defeated the item as follows: Yes-4; No-4; Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - No Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Absent

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[Tuesday, April 21, 2020]

Councilor Celina Reyes – No Councilor Ana Levy - No Councilor Estela Reyes - Yes Council President Kendrys Vasquez – No

Upon being granted the floor, Council Vice President Laplante stated that it appears that Councilor

Abdoo’s computer is inoperable and he seems to unable to cast his vote at this time.

Attorney Ruano stated the vote may be re-taken tonight because of technology issues if Councilor

Abdoo returns at a time later during the remote proceedings.

Council President Vasquez directed the City Clerk to call the vote by roll call pending the resolution of technical difficulties experienced by Councilor Abdoo. The City Clerk called and recorded the vote of the

Council Members present approving the item as follows: follows: Yes-5; No-4

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - No Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – No Councilor Ana Levy - No Councilor Estela Reyes – Yes Council President Kendrys Vasquez – No

Doc. 79/20: Approved

Doc. 90/20: Request to Authorize Expenditure of Summer Learning Grant Funds-Jessica Vilas Novas, Library Director-Budget & Fin Cmt. – Approved

Upon being granted the floor, Councilor Estela Reyes inquired about the manner the funds would be expended.

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[Tuesday, April 21, 2020]

Upon being invited, Cassandra Farrah-Aboud, Assistant Library Director discussed the programs that would be provided with the funds provided by the grant presented commenting that there would be provision to provide remote and virtual participation by participants which will be required if current circumstances persist.

Upon being granted the floor, Councilor De La Cruz asked about the availability of online programs subject to the grant which Assistant Director Cassandra Farrah-Aboud discussed.

Upon being granted the floor, Councilor Levy asked about the transferability of the funds that may not be used, if any. In response,Assistant Director Farrah-Aboud stated unused funds might be re-allocated for use

Upon no further inquiry, comment or discussion Council President Vasquez called the motion to approve and the Council Members present voted by roll call vote to approve the item as follows: Yes-9; No-0

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 90/20: Approved

Doc. 51/20: National Grid & Verizon-Request permission to locate poles, wires and fixtures- Myrtle Street-Dave Johnson, Eng. Dept.-Ord,. Cmt.-Public Hrg. Order

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing which was seconded by Councilor Celina Reyes and unanimously approved by Council Members present by roll call vote as follows: Yes-9; No-0

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – Yes

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[Tuesday, April 21, 2020]

Councilor Ana Levy - Yes Councilor Estela Reyes – Yes Council President Kendrys Vasquez – Yes

Doc. 51/20: Public Hearing Ordered

Doc. 52/20: National Grid-Installation of underground facilities-Common Street- Dave Johnson, Eng. Dept- Ord, Cmt.-Public Hrg. Order

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing which was seconded by Councilor De La Cruz and unanimously approved by Council Members present by roll call vote as follows: Yes-9; No-0

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 52/20: Public Hearing Ordered

Doc. 54/20: Comcast-request to install new underground conduit-232 Common St. Rear- David R. Fleming, Comcast Specialist- Ord. Cmt.-Public Hrg. Order

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending a public hearing on the measure presented. The report was presented in the form of a motion to order a public hearing which was seconded by Councilor Celina Reyes and unanimously approved by Council Members present by roll call vote as follows: Yes-9; No-0

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[Tuesday, April 21, 2020]

Councilor Estela Reyes – Yes Council President Kendrys Vasquez – Yes

Doc. 54/20: Public Hearing Ordered

Doc. 68/20: Taxi License Application-N.Y.C. United Transp.-154 Broadway-Sgt. Melix Bonilla, Lawrence Police Dept. - Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending the approval on the item presented. The report was presented in the form of a motion as seconded by Councilor De La Cruz.

Upon being granted the floor, Council Vice President Laplante suggested the tax and betterment ordinance may need to be amended because it would penalize the owner who does not pay their taxes.

Upon being granted the floor, Councilor Rodriguez stated this is the only taxi/livery company that operates as a tenant and pays taxes for the property owner.

City Attorney Ruano stated that the provisions of the tax and betterment ordinances allow the City

Council to consider approving the permit application in situations where the monies due are not a result of the applicant’s actions.

Upon being granted the floor, Councilor De La Cruz suggested that rental money the taxi business owner be diverted by the tenant and paid to the City of Lawrence in order to pay the tax obligation of the property owner at the property subject of any lease with the taxi business.

Upon being recognized, Councilor Estela Reyes stated that this issue arose in the past and stated that the license application should be approved due to circumstances that are beyond the control of the taxi company owner.

Upon no further inquiry, comment or discussion Council President Vasquez called the motion to approve and the Council Members present voted by roll call vote as follows to approve the item. Yes-9; No-0

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes

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[Tuesday, April 21, 2020]

Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 68/20: Approved

Doc. 69/20: Taxi License Renewal-American Taxicab and Livery, LLC-530 Broadway- Sgt. Melix Bonilla, Lawrence Police Dept. - Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending the approval on the item presented. The report was presented in the form of a motion as seconded by Councilor De La Cruz.

Upon being granted the floor, Councilor Rodriguez inquired of Attorney Ruano about the failure to pay water service by the landlord. Councilor Rodriguez asked if payment enforcement were available to the City of

Lawrence in this situation. A discussion ensured between Councilor Rodriguez and City Attorney Ruano regarding actions available to enforce payment of outstanding water bills by property owners. In conclusion,

Councilor Rodriguez requested that City Attorney Ruano take appropriate action to enforce payment of outstanding services.

Doc. 69/20: Approved

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[Tuesday, April 21, 2020]

Doc. 70/20: Taxi License Renewal-Liberty Taxi Inc.-264 Lowell Street-Sgt. Melix Bonilla, Lawrence Police Dept. - Ord. Cmt. - Approved

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending the approval on the item presented. The report was presented in the form of a motion seconded by Councilor De La Cruz and Council Members present voted by roll call vote to approve the item as follows: Yes-9; No-0

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 70/20: Approved

Doc. 89/20: Disclosure of Conflict of Interest-Moraima M. Velez- Lawrence Police Dept Employee- Ord. Cmt. – Approved

At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Doc. 89/20: Approved

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[Tuesday, April 21, 2020]

Doc. 95A/20: Lawrence COVID-19 Curfew Ordinance--Counc. De La Cruz-Defeated [04-21-20]

Doc. 95B/20: Lawrence COVID-19 – Correspondence for an Executive Order by Mayor-Defeated [04-21-20] At the request of Council President Vasquez, Councilor Estela Reyes presented the report of the

Ordinance Committee recommending the approval on the item presented. The report was presented in the form of a motion to draft a curfew ordinance which was seconded by Councilor De La Cruz.

Upon being recognized, City Attorney Raquel Ruano provided information to the City Council Members concerning the approval and implementation of a “curfew ordinance”. She informed the Council Members that enforcement of such an ordinance cannot contain a penalty provision that includes the authority to arrest those who may be in violation.

Upon being recognized, Lawrence Police Chief Roy Vasque stated that he is not in favor of a curfew ordinance to be implemented in the City of Lawrence particularly during a pandemic situation where arrests and fines were part of the enforcement provisions. He stated that the arrest and assessment of fines would adversely affect community confidence of the police and fines would have a financial impact on those who are already poor or put into further financial despair as a result of the virus outbreak. He stated that current ordinances are sufficient to address gatherings that may be contrary to current Executive Orders.

Upon being recognized, Inspectional Service Director Michael Armano agreed with Police Chief

Vasque stating that there is not a lot of people gathering to justify the necessity of a curfew ordinance at this time. He stated current ordinances and Executive Orders put in place by the City of Lawrence as well as State and Federal Officials are working effectively.

Upon being granted the floor, Councilor De La Cruz stated that minors are leaving the house late at night and there are some liquor stores that remain open after hours. In response, Police Chief Vasque stated that it the better tactic is to address individuals found to be out late at night rather then a broad based curfew. He stated that liquor store hours are beyond the Lawrence Police Department enforcement.

Council President Vasquez suggested the item be referred to the Mayor to consider an Executive Order.

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City Attorney Ruano stated that Attorney General opinions allow for curfew ordinances but such measures must be narrowly tailored to be constitutional.

Upon being granted the floor, Councilor Payano asked if there were any draft measures available to review prior to consideration of approval.

Upon being granted the floor, Council Vice President Laplante stated there is currently no language to advance for a public hearing.

Attorney Ruano stated she does not have sufficient information to draft an ordinance at this time.

Council President Vasquez suggested the Council should move on language for an ordinance to be considered.

Upon being granted the floor, Councilor Rodriguez suggested that a curfew ordinance should be for the hours of 9 p.m. to 6 a.m.

Upon being granted the floor, Councilor Celina Reyes stated that more information is needed.

Council President Vasquez disagreed and asked the City Council Members to take action this evening that would result in certain action necessary to address the situation.

Upon being granted the floor, Council Vice President Laplante discussed the ability of the City Council

Members to take immediate legislative action as suggested by Council President Vasquez.

Upon being granted the floor, Councilor De La Cruz stated that there must be a curfew because people are outside and in danger.

Council President Vasquez stated that there is a proposal on the floor to institute a curfew between the hours of 9:00 p.m. and 6:00 a.m. He stated that it may be necessary to consider language for its application to those who are “non-essential” workers and to sufficiently define the individuals to which the ordinance applies.

Upon being granted the floor, Councilor Rodriguez suggested an ordinance should be in place to prohibit gatherings of no more that 4 people reducing the 10 person gathering prohibition provided in Executive

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Orders now in place. In response, Council President Vasquez stated all social gatherings should be prohibited at all times notwithstanding a curfew ordinance.

Upon being recognized, Police Chief Vasque stated that providing greater restrictions than the restrictions contained in the Executive Orders of Governor Baker would not be permitted.

Upon being granted the floor, Councilor Rodriguez stated the City already has provisions that supersede the orders of Governor Baker.

Upon being recognized, City Attorney Ruano stated that the City of Lawrence cannot create measures that supersede the orders of the Governor of Massachusetts.

Police Chief Vasque interjected about the applicability of a curfew ordinance on people obtaining necessities such as people picking up food or businesses working late at night asking if these would be violations of a curfew ordinance.

In further response, City Attorney Ruano stated that people who are in compliance with the Governor’s

Executive Order would be allowed to break the City of Lawrence curfew ordinance if there were a conflict.

Chief Vasquez stated enforcement of a curfew would be difficult.

Upon being granted the floor, Councilor De La Cruz stated that people have to be home after 9:00 p.m.

Chief Vasque agreed but also stated the Governor’s Order is in effect which will impair enforcement.

Upon being granted the floor, Councilor Rodriguez discussed enforcement of other ordinances that are already in place such as the Noise Ordinance.

Police Chief Vasque stated further that Lawrence Patrolmen are enforcing a variety of ordinances and laws to disburse gatherings. In response, Councilor Rodriguez suggested a fine should be created to assess against people gathering.

Council President Vasquez suggested the City Attorney draft language for the Mayor to be issued as an executive order to address this issue. He stated that such an order may state that “Any individual that does not reside in the household to be fined $150.00 at any time.”

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Upon being granted the floor, Councilor Celina Reyes suggested that she does not agree with the proposed violation or the fine.

Council President Vasquez disagreed stating that people gathering in their own households would not be subject to a fine or penalties but people gathering in houses where they do not live could be subject to fines and penalties.

Upon being granted the floor, Councilor Payano stated that he would like to see language of a proposed ordinance which provides specified violations before it is put to a vote. He also asked how enforcement may occur and how the legal process would be involved.

Council President Vasquez stated that the City Council Members should draft the proposed ordinance this evening with suggestions presented by the City Council Members.

A discussion ensued between Councilor Payano and Council President Vasquez regarding the term of a proposed ordinance.

Council President Vasquez stated that a proposed ordinance could adopt by reference the guidelines and definitions contained in the Executive Order of Governor Baker dated March 23, 2020.

Upon being granted the floor, Councilor De La Cruz stated that the police should stop anyone on the street and should also stop gatherings inside houses.

Council President Vasquez stated that “all social gatherings be prohibited at all times with fines for violation to be graduated from 50.00, 100.00 and 150.00 for first, second and third violations.

Upon being granted the floor, Councilor De La Cruz presented a motion to prohibit non-essential individuals from gathering in the City of Lawrence and 100.00 fine for each individual over the age of 15 years old. The motion was seconded by Councilor Rodriguez.

Upon being recognized, Councilor Rodriguez suggested a friendly amendment of 18 years old and older rather than those 15 years of age and older reasoning that there is already a curfew ordinance that prohibits

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[Tuesday, April 21, 2020] people younger than 18 years of age from gathering. The friendly amendment was accepted by Councilor De La

Cruz.

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez called upon the Members present to consider the motion presented by Councilor De La Cruz as amended by agreement with Councilor Rodriguez prohibiting the gathering of non-essential workers in the

City of Lawrence with a 100.00 fine for each individual over the age of 18 years of age for each violation, the

Council Members present voted by roll call vote and defeated the motion as follows: Yes-4; No-5

Councilor Estela Reyes - Yes Councilor Ana Levy - No Councilor Celina Reyes - No Councilor David Abdoo - No Councilor Pavel Payano - No Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - No Council President Kendrys Vasquez – Yes

Upon being granted the floor, Councilor Rodriquez presented a motion to send correspondence to Mayor Rivera for an Executive Order to implement an order that addresses this concern, which was seconded by Councilor De La Cruz.

Upon being granted the floor, Council Vice President Laplante presented a question of parliamentary inquiry asking if it is appropriate to proceed with the motion for correspondence to the Mayor presented by Councilor Rodriguez while there is a vote pending on a motion pending referencing the motion presented by Councilor Estela Reyes to draft a curfew ordinance immediately after providing a report of the

Ordinance Committee on this item.

Council President Vasquez stated that the motion presented by Councilor Rodriguez to forward correspondence to the Mayor to provide an Executive Order on the matters subject to discussion in this item may be put to a vote explaining that the Council Members have been discussing two different topics and have been treating them separately during discussions. Council President Vasquez stated that he is splitting the

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[Tuesday, April 21, 2020] document into to parts as follows: Document 95A/20 – Curfew Ordinance; and 95B/20 – Social Gathering, the second of which is the subject to the motion for correspondence to the Mayor presented by Councilor

Rodriguez.

Upon no further discussion, comment or inquiry offered by the Council Members present, Council

President Vasquez called upon the Members present to consider the matter presented. Upon a motion to request an Executive Order by Mayor Rivera presented by Councilor Rodriguez, as seconded by Councilor De La Cruz, the Council Members present voted by roll call vote and defeated the motion as follows: Yes-4; No-5

Council Vice President Marc Laplante - No Councilor Jeovanny Rodriguez - Yes Councilor Maria De La Cruz - Yes Councilor Pavel Payano - No Councilor David Abdoo - No Councilor Celina Reyes – No Councilor Ana Levy - No Councilor Estela Reyes - Yes Council President Kendrys Vasquez - Yes

Doc. 95A/20: Curfew Ordinance-Defeated Doc. 95B/20: Executive Order Correspondence-Defeated

Doc. 91/20: Appointment of Manuel A. Nunez as Voting Member of Planning Board [recd by City Clerk: 04-02-20]-Mayor Dan Rivera-Pers. Cmt. – Approved

At the request of Council President Vasquez, Councilor Abdoo presented the report of the Personnel

Committee recommending the appointment of Manuel A. Nunez as a Voting Member of the Planning Board.

The report was presented in the form of a motion to approve the appointment as recommended which was seconded by Councilor De La Cruz and Council Members present voted by roll call vote as follows to approve the appointment of Manuel A. Nunez as a Voting Member of the Planning Board. Yes-8; Absent-1

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Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 91/20: Approved

Doc. 92/20: Appointment of Bethania Camilo-Correa as Voting Member of Planning Board [recd by City Clerk: 04-02-20]-Mayor Dan Rivera-Pers. Cmt. – Approved

At the request of Council President Vasquez, Councilor Abdoo presented the report of the Personnel

Committee recommending the appointment of Bethania Camilo-Correa as a Voting Member of the Planning

Board. The report was presented in the form of a motion to approve the appointment as recommended which was seconded by Councilor De La Cruz and Council Members present voted by roll call vote as follows to approve the appointment of Bethania Camilo-Correa as a Voting Member of the Planning Board. Yes-8;

Absent-1

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Absent Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez - Yes

Doc. 92/20: Approved

10:00 p.m. - Councilor Abdoo presented a motion to conduct City Council proceedings past 10:00 p.m. as which was duly seconded by Councilor Estela Reyes and unanimously [9-0] approved by the Council Members present as follows by roll call vote Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez - Yes

VII. WITHDRAWALS: - None

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VIII. OLD BUSINESS: - None

IX. TABLED MATTERS:

Doc. 61/20: Corona Virus-Lawrence Preparedness-Counc. Pres. Vasquez & Counc. Payano-Pub. Safety [T-Recommit] [03-24-20] – Tabled

Upon being recognized, Councilor Levy presented a motion to remove the item from the table which was seconded by Council Celina Reyes and Council Members present vote by roll call vote as follows to remove the item from the table: Yes-8; Absent-1

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - Yes Councilor Maria De La Cruz -Yes Councilor Jeovanny Rodriguez - Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Council President Vasquez stated by way of information that Councilor Levy had previously voted “no” concerning the vote to provide a “curfew ordinance” measure on document 95/20.

Upon being granted the floor, Councilor Levy presented a motion to require people to wear protective masks when they are out of their homes and to keep a safe distance from others.

Council President Vasquez stated that there should be a fine attached to the proposed measures for violators.

Upon continuing, Councilor Levy also motioned that people should cover their faces with a mask when they go into a store.

A discussion ensued between Council President Vasquez and Councilor Levy regarding the current

Governor’s Order and whether an ordinance was necessary since these provisions are already provided in the

Governor’s Executive Order.

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Upon being granted the floor, Councilor Payano provided information to the Council Members concerning the actions taken by the Lawrence Board of Health to promulgate public safety measures. He stated that public advocacy and announcement by Members of the City Council Members will assist to assure safety measures are effectively communicated and followed. Councilor Payano continued by stating that the comments directed at differing concepts and ideas during discourse of the City Council Members regarding important measures being discussed and considered should be presented in a manner that might prevent open discussion about these matters. He stated that discussions during Council Meetings have always been open and that he hopes this will continue so that it does not distract from the work of the City Council.

Council President Vasquez commented that the City Council drags its feet on timely measures that are important and necessary and it has to end.

Upon being granted the floor, Councilor Levy stated that an ordinance should provide a fine of 100.00 to be imposed for not wearing a mask in accord with the current Executive Order.

Council President Vasquez announced the motion by Councilor Levy and called upon the Council

Members for a second to the motion. Upon relinquishing the Chair to Council Vice President Laplante, Council

President Vasquez seconded the motion presented by Councilor Levy.

Upon no further inquiry, comment or discussion Council Vice-President Laplante called the motion to the attention of the Council Members presented who voted by roll call vote as follows to defeat the motion:

Yes-2; No-4; Present-1; Absent-2

Council Vice President Marc Laplante - No Councilor Jeovanny Rodriguez - Absent Councilor Maria De La Cruz - Absent Councilor Pavel Payano - Present Councilor David Abdoo - No Councilor Celina Reyes – No Councilor Ana Levy - Yes Councilor Estela Reyes - No Council President Kendrys Vasquez – Yes

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Upon the conclusion of the vote, Council President Vasquez returned as Chair of the City Council.

Upon being recognized Councilor Levy moved to “table” the item. The motion was seconded by

Councilor Celina Reyes and Council Members present voted by roll call vote to re-table the item as follows:

Yes-6; Absent-3

Councilor Estela Reyes - Yes Councilor Ana Levy - Yes Councilor Celina Reyes - Yes Councilor David Abdoo - Absent Councilor Pavel Payano - Yes Councilor Maria De La Cruz -Absent Councilor Jeovanny Rodriguez - Absent Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

Doc. 61/20: Tabled

The following items remained “tabled” without further action:

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[Tuesday, April 21, 2020]

355/18 Arlington Street – One Way [30 minutes from 3pm to 3:30pm] in front of the Arlington School – Counc. DePeña-Ord. Cmt. [T] [05-21-19] 389/18 Department Heads Quarterly Report-Counc. Payano & Council Vice Pres. Rodriguez-Committee of the Whole [02-05-19] [T] 142/19 Columbia Gas Update-Mark Kempic, Columbia Gas President/COO- Counc. Pres. Vasquez [ud] [11-12-19] 162/19 Allowing Commercial Vehicles to park on Union St. [East Side]-Counc. Laplante- Ord. Cmt. [T] [09-03-19] 170/19 Resolutions- Recognition of Lawrence Academic Achievers-Counc. Laplante-[T][06-04-19] 224/19 Amend zoning Sec. 29-19 C5-permitted uses “shopping centers” and “car wash” – Counc.DePena [appvd 02-04-20] [Mayor’s Response dated: 02-19-20] [Executive Session Anticipated] 243/19 Request to display and sell produce-127 South Union St-Tropical Mini Market Corp.- Ysidro Polo-Ord. Cmt. [T] [09-03-19] 296/19 Museum Square Litigation-[Executive Session Anticipated]-Dan Rivera, Mayor [T][09-03-19] 308/19 Merrimack Street-4 Temporary Resident Parking Spaces Counc. Laplante (various parking ord)-PH Ordered) [T][02-04-20] 315/19 One Side Parking Only-Sunset Ave.-Counc. De Pena [T] [PH closed-Motion to Apprv Pending [03-10-20] 354/19 Oliver School Building Project-[Executive Session Anticipated]- Cynthia Paris, Superintendent of Schools [T] [11-12-19] 367/19 No Parking-Tenney Street, east side from corner of Lea and Tenney Sts. to Arlington St.- Mayor Dan Rivera & Pres. Vasquez-Pub. Hrg. 402/19 No Parking-North Parish Road (south side-7:00am to 9:00am on days school is in session only)- Counc. De Pena-Pub. Hrg. 22/20 Museum Square Litigation [Executive Session Anticipated]-Counc. Payano [T][01-21-20] 61/20 Corona Virus-Lawrence Preparedness-Counc. Pres. Vasquez & Counc. Payano- Pub. Safety [T-Recommit] [03-24-20] 71/20 JRM Carting Discussion-Counc. Jeovanny Rodriguez [T] [03-24-20] 94/20 Election Update During COVID-19-City Clerk [T][04-07-20]

X. NEW BUSINESS:

Council President Vasquez brought the matters listed below to the attention of the Council Members present and referred each to the Council Subcommittee as indicated:

96/20 Request for Authorization to Expend State Aid Grant [164,913.09]-Jessica V. Vilas Novas, Library Director – Ref. to Budget & Finance Cmt. 99/20 Liquor Stores after hour Sales and Operations-Counc. De. La Cruz – Ref. to Ord. Cmt. 100/20 Amend Ordinance 5.48.790 - Asociación Taxista de Lawrence – Ref. to Ord. Cmt.

XI. ADJOURNMENT:

Upon Motion of Councilor Estela Reyes duly seconded by Councilor De La Cruz, the Council Members present voted by roll call vote as follows to Adjourn. Yes-8; Absent-1

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[Tuesday, April 21, 2020]

Council Vice President Marc Laplante - Yes Councilor Jeovanny Rodriguez - Absent Councilor Maria De La Cruz - Yes Councilor Pavel Payano - Yes Councilor David Abdoo - Yes Councilor Celina Reyes – Yes Councilor Ana Levy - Yes Councilor Estela Reyes - Yes Council President Kendrys Vasquez - Yes

ADJOURNED (10:24p.m.)

Attest:

William J. Maloney City Clerk

Date Approved: 6-2-20

202

MINUTES OF THE SPECIAL MEETING OF THE LAWRENCE CITY COUNCIL

DATE: Tuesday April 28, 2020

Facebook: Lawrence City Council page - https://www.facebook.com/TheLawrencecitycouncil/ YouTube: Lawrence City Council page- https://www.youtube.com/channel/UC-2T3lkuyO1ywReSTsm3fsA

Gotomeeting Access: https://global.gotomeeting.com/join/808261365 Also, you are able to access by phone: (phone number) Phone: Phone: +1 (872) 240-3311 Access Code: 808-261-365

A SPECIAL MEETING of the City Council was held on Tuesday, April 28, 2020 at 7: 07 p.m. in the

City Council Chamber, 200 Common Street, Lawrence, MA.

Attendance recorded by roll call of the Council Members as follows:

Councilor Estela Reyes [District B] – Present; Councilor Anna Levy [Councilor at Large] - Absent at roll call; Councilor Celina Reyes [Councilor at Large] – Present; Councilor David Abdoo [District E] –Present; Councilor Pavel Payano [Councilor At Large] –– Absent; Councilor Maria De La Cruz [District A] Present; Councilor Jeovanny Rodriguez [District D] Present; Council Vice President Marc Laplante [District F] – Present; Council President Kendrys Vasquez [District C] – Present;

Councilor Levy arrived at 7:12 p.m.

Other attendance matters:

A Moment of Silence was held.

The Pledge of Allegiance was recited.

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I. APPROVAL OF MINUTES: - None

II._PUBLIC PARTICIPATION: - None

III. PUBLIC HEARINGS: - None

IV: Communication from Mayor, City Officials & City Attorney: - None

V. APPROPRIATIONS-ORDERS-RESOLUTIONS: - None

VI. COMMITTEE REPORTS: - None

VII. WITHDRAWALS: - None

VIII. OLD BUSINESS:

Doc. 95A/20: Lawrence COVID-19 Curfew Ordinance- Vote to Draft Ordinance-Counc. De La Cruz-Defeated [04-21-20] – Motion to Reconsider Approved-Motion to Suspend Rule 21 Defeated

Doc. 95B/20: Lawrence COVID-19 Curfew Ordinance-Counc. De La Cruz- Request Executive Order by Mayor-Defeated [04-21-20] - Defeated Motion to Reconsider Approved-Motion to Suspend Rule 21 Defeated

Council President Vasquez introduced the items stating both items were defeated at the Meeting of the

City Council held on April 21, 2020 informing the Council Members that Rule 20 Reconsideration and

Rule 21 Final Rejection provided by the Rules of the City Council apply to the current items presented on the

Council Agenda for consideration of the City Council. He stated that a motion to reconsider the defeated items must be presented by a Council Member voting on the prevailing side of the vote to defeat the measure and that a motion to suspend Rule 21 provides that an ordinance or resolution that has been finally rejected or disposed of by the City Council, no ordinance or resolution which is substantially the same shall be introduced by any

Council member or committee at any time within twelve months next following final action of the City Council.

Upon being granted the floor, Councilor Rodriguez presented a motion to reconsider the vote of the City

Council Matter concerning Documents 95A/2020 and 95B/2020 determined and recorded of April 21, 2020.

The motion was seconded by Councilor De La Cruz.

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[Tuesday, April 28, 2020]

Upon being granted the floor, Council Vice President Laplante suggested that the vote to reconsider should be presented first since its approval or failure would determine whether each may proceed to the next vote in the process.

Upon request, City Attorney Ruano provided the Council Members with the content of City Council

Rule 20 Reconsideration and Rule 21 Final Rejection by reading both City Council Rules into the record:

RULE 20 - RECONSIDERATION When a vote has passed it shall be in order for any member voting with the prevailing side to move for reconsideration thereof at the same meeting in which the vote was taken. But, when a motion for reconsideration is decided, that vote shall not be reconsidered.

RULE 21 - FINAL REJECTION When an ordinance or resolution has been finally rejected or disposed of by the City Council, no ordinance or resolution which is substantially the same shall be introduced by any Council member or committee at any time within twelve months next following final action on such ordinance or resolution. This restriction shall not apply when a Council has granted leave to withdraw on a previous ordinance or resolution.

Upon no further inquiry, comment or discussion, Council President Vasquez called the motion to

Reconsider the vote of the City Council concerning Documents 95A/2020 and 95B/2020 as recorded on April

21, 2020 to the attention of the Council Members.

Upon the motion of Councilor Rodriguez to Reconsider the vote of April 21, 2020 on Documents

95A/2020 and 95/B/2020, as seconded by Councilor De La Cruz Council Members present voted by roll call vote as follows to approve their reconsideration as follows:. Yes-7; No-2

Councilor Estela Reyes - Yes Councilor Ana Levy - No Councilor Celina Reyes - Yes Councilor David Abdoo - Yes Councilor Pavel Payano - No Councilor Maria De La Cruz - Yes Councilor Jeovanny Rodriguez - Yes Council Vice President Marc Laplante - Yes Council President Kendrys Vasquez – Yes

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[Tuesday, April 28, 2020]

Council President Vasquez proceeded by calling for further action by the Council Members present pertaining to the operation of City Council Rule 21 regarding the prohibition of considering ordinances that have been subject to Final Rejection.

Upon being granted the floor, Councilor Rodriguez presented a motion to suspend Rule 21 Final

Rejection which was seconded by Councilor Estela Reyes and Council Members present voted by roll call vote as follows and defeated the motion: Yes-4; No-5

Upon being granted the floor, Council Vice President Laplante requested a determination that the vote defeating the suspension of Rule 21 Final Rejection prohibits the Council Members from taking further action on the items presented for reconsideration.

Upon being recognized, City Attorney Ruano stated that the failure to suspend the Rules of the City

Council results in the Rules of the City Council being invoked stating further that Rule 21 Final Rejection prohibits the Council Members from taking up an ordinance that failed by vote of the City Council within a year of its determination.

Council President Vasquez informed the Council Members of the failed motion to present and consider drafting a COVID-19 Curfew Ordinance on April 21, 2020 which may not be considered at this time pursuant to City Council Rule 21 Final Rejection.

No further action or process was presented by the Council Members present in regard to both items.

Doc. 95A/20: Motion to Reconsider Approved-Motion to Suspend Rule 21 Defeated Doc. 95B/20: Motion to Reconsider Approved-Motion to Suspend Rule 21 Defeated

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IX. TABLED MATTERS: - None

X. NEW BUSINESS: - None

XI. ADJOURNMENT:

Upon Motion of Councilor Estela Reyes duly seconded by Council Vice President Laplante, the Council

Members present voted by roll call vote as follows to Adjourn. Yes-7; No-2

ADJOURNED (07:21p.m.)

Attest:

William J. Maloney City Clerk

Date Approved: 6-2-20