Good evening and welcome to the regular meeting for the Lin City Council. Today is Tuesday, July 7, 2026 and it's currently 7:25. Pursuant to chapter 20 of the act of 2022, this meeting will be hybrid allow
participation both in person at the city council chambers as well as remotely. The soon link is available on the agenda. This meeting is also being transmitted live through the YouTube L city council page as well as the uh Facebook Lawrence
city council page. Roll caller. Council Gonzalez is absent. Council Miguel, >> present. >> Council Mama, >> present. >> Councilman Fonte, joining us via remote participation. Present.
>> Present. >> Present. >> Gotcha. Um, council Reyes. >> Present. >> Council Del Rosario is also joining us via remote participation. >> It's present. Council La Plant >> present. Council Vice President Levy
>> present. >> Council President Rodriguez >> present. Please join me for a moment of silence. Now join me for the pledge of allegiance. >> I pledge algiance to the flag of the United States of America and to the
stands one nation under God indivisible with liberty and justice for all. >> I was just in my way. minutes. >> So, we have public participation. Uh, and the rule for public participation
are as follows. You're going to have two and a half minute to speak. At the two-minute mark, you're going to hear a beep or a sound, an indication that you'll still have 30 seconds. Please refer to this council as a whole. The first name that we have is uh
Richard Russell. Councelor Russell. >> Good evening. I ran tonight >> the mic. >> Oh, turn the light on. Okay, that's better. All right, I got to start all over again. You starting the clock. Uh, good evening, councilors. Rich Russell,
34 Cross Street. My rant tonight, very short and somewhat bitter, reflects a post by me on my Facebook page regarding my observations at the 250th anniversary ceremony at Veterans Memorial Stadium on
the evening of July 3rd. First, a job well done by Martha Valled and her staff for getting the venue ship shape. Second, the fireworks were well done with the fin the finale being exceptional. Now to the part that many
of you are not going to like to hear. The band played for about 2 hours and I think they played maybe five selections in English. Hint, Dancing Queen by ABBA is not exactly an appropriate song for
the America's 25th 250th anniversary. I suppose I should be grateful that the Star Spangled Banner was sung in English. I just hope that no one takes my comments as racially motivated as I have a vested interest in America as my
family. The Russells have 350 years of boots on the ground starting in Cambridge in 1636. Thank you for the time to allow me to throw my two pence worth in about last Friday night. The next person that we have on the list
is Teresa Ross. >> Teresa translator. >> I don't know. Maybe >> she's right there. West, Massachusetts. Good evening. My my name is Teresa and I am here to see if you guys can help me
because I live in a sector that there is no parking spots. And I was wondering, I am a sick person and I was wondering, I already spoke to Vivian and also Joavanni and I was wondering if you guys can help me to see if I can find at least one parking spot that is handicapped.
I will appreciate it because if I do sell that house, where am I going to live? I don't have a job. So, I've been living here for over 30 years and I would really appreciate if you guys can help me out with this. Um, I I I've been complying with the laws
and the taxes and everything and I'm very grateful with the whole council. So, if you guys can help me with that, I would really appreciate it. Thank you all so much and I um wish you all health. Thank you. >> Thank you. The next person is uh Mark
Lan. >> Good evening. Council President Mark 29 DuroB in Lawrence. Uh we have two upcoming Lawrence Square um LSP projects that are coming up this Thursday, July the 9th at the intersection of Lel
Street and Winter Street. Council President, you'll remember we did this one recently. This is the private Daniel S. Judge. Judge died in the Korean War. He's one of I think either two or three. There weren't many that were killed in action in the Korean War. And he was one of
them. And so we are going to be unveiling his new sign with the picture, the QR codes, and everything else that we have on these fantastic signs. So that's on the 9th. The following week, July 16th, at the intersection of West Street and Havil Street, we will be
rededicating the Patricia Carl Square. Many of you may remember Patricia Carl. Uh she was the founder of the Lawrence Family Development School. uh she was a founder of Lawrence Youth Build and was a founding member of the Lawrence Youth Commission. So she has tentacles much
more um recent than many of us may remember directly. So her rededication is on July 16th at that intersection. So you're all invited and I would hope you can hope to see you then. Thank you. Thank >> you. Uh the next person is Anna Levy.
Can Levy Okay. >> Good evening. My name is Anna Levy 167 Prosper S3. The reason why I'm here today is because uh last Friday we had a very nice and beautiful four of July
celebration. So with a lot of firecrackers or many activity many of things but I had a lot of phone call regarding a flyer that was uh on the red regarding
that they say uh we need to lie Lawrence and the reason why it's been calling the attention because all of the complaints so many people call uh regarding the flyer why the city of Lauren was needing
money to celebrate uh the fireworks. Uh that's is something that we do every year and practically we never see uh before uh people uh getting or trying to get money. So the other part of this is that the money that was
trying to get colle has to be sended to the elnap. Who is the ln na and why the chair has to be done in the name of this organization? Why the mayor also never send a communication regarding this problem
that it was practically no money to support the fire works the 4 of July. And the other thing is why just to wait to the final day practically one or two days ago or so for another person doing
a video asking for money. So those all of these thing are so okay. So so very nice. So we have a very nice uh umiction of the fire of the fire war. We we have also a very poor and nice for July. But
I think that for next year we need to be very careful with what we do it and if the city is responsible of any other organization is responsible for doing the firework people need to know and has to be clarified why is this thing being
doing. So I here just to uh do this for the record and to make sure that we are doing things that is very clear and transparency for the city. Thank you. >> Thank you. All these names are going to be
submitted for the record. Uh we have an extens extensive agenda today and uh we would like to go over a few items. uh as council desired to take it out of uh out of order.
If there is any that uh seems very important, please let me know. In the meantime, we are going to go to Today we're going to prioritize the youth as we should. So the yo are going to be
the first item uh and that we would like to take out of out of u out of order. So item um out of the ordinance committee item uh 27326 madame chair from the ordinance
committee item 27326 is uh for no one's the item 273 uh 26 is the resolution honoring the YDO's uh 20 annivers 27326
is the resolution going on the YDO 20 anniversary. So was sended to the full council with favor recommendation and I make as a formal motion >> second. >> There is a motion in front of us properly second discussion counselor.
We have the YO um staff and the kids that are representing the organization if they can come over and tell us why uh they believe this is important. >> Um hello my name is Milan Castillia and one of the reasons why I think that
>> this is your address for the record. Oh, the YO address is 15 Union Street. And one of the reasons why I think that this day should be passed is because I've been going to Yo since I was in third grade. And I started off taking classes not knowing anybody and just being very
like self-aware and scared and nervous of meeting new people, trying new things, especially taking classes with tools and a bunch of kids in eighth grade when I was barely able to look up to them. And now I'm able to look at this program and say that I've truly found myself within this program. I'm
currently teaching a couple of classes in the summer program and throughout this school year I helped out with a high school prep class for the last term and just I'm not one of the only kids that this program has helped. I'm there's plenty of other kids that have found themselves got help with high
school even college and just yeah very amazing program that's done wonders for me and many other youth in Lawrence. Hi, my name is Maya Maldonado and the YOIO address is 15 Union Street. I think this day should be passed because YOIO helps many different kids. I've only
been there for about maybe 3 years. I only went as a student for 2 years and it helped me grow very much. I used to be very antisocial in a way and it helps you grow socially, make new connections and it helps you succeed in life. Not only did it help me raise my grades in
middle school, it also helped me get into Abbott Lawrence Academy, which I really thank them for cuz it's really doing me good in life and I feel like it helps other kids and I feel like that's why we should celebrate their 20th anniversary cuz they've been going for such a long time. So yeah, thank you
My name is Lash Morales and the WIO address is 15 Union Street. I believe WIO should be WIO should be celebrated for their 20 years of like um helping the youth because it helped me as like a person in middle school. um making my
grades better and like um having like giving me more traits and more skills to like succeed in life and um do better in like high school and college and it's helped like the youth
and make me um have more like social connections with different people having more things in common and that's why I believe yo should be celebrated. So, u uh I would like to read or have the
clerk reading the resolution so everybody's aware as of uh what are we doing today clerk? >> Thank you, council president. It was definitely my honor to read this resolution into the record. And it reads, "Whereas the city of Lawrence takes great pride in recognizing
organizations that through valuable enrichment and mentorship empower the youth of Lawrence to discover and pursue their bright futures and in doing so make better our community." And it is this that spirit the Lawrence City Council proudly celebrates Youth Development Organization YDO on the
occasion of their STEM summer showcase to recognize and honor their 20 years of dedicated service to youth and families of the city of Lawrence. Whereas YDO, seeking to help the youth recognize their potential, take pride in their talents, and become participating members of the community, has done so by
providing highly qualified educational activities in STEM and in the arts, developing supportive long-term relationships in providing personalized opportunities for success. hand. Whereas YDO has developed noteworthy expertise, facilities, and capacities to support
the youth of Lawrence in their exploration and pursuit of STEM education through hands-on project hands-on project-based learning as well as by providing wraparound services like academic advising and transportation for students across the city. Whereas YDO's
a summer programming has been a dem YDO's summer programming has been a demonstration of the organization's effectiveness by granting unprecedented control to older youth over the design and delivery of offerings for the younger students and has successfully
near used peer-to-peer mentoring and relationships to build a welcoming culture of achievement among YDO kids and network of alumni. Now therefore, be it resolved that the Lawrence City Council on behalf of the citizens of Lawrence hereby extend its highest
praise, congratulations, and gratitude to the Youth Development Organization on their 20th anniversary and officially declares July 16th, 2026 to forever be known as YDO day in the city of Lawrence. The Lawrence City Council hereby sets
its hand and causes a seal of the city of Lawrence to be affixed this 7th day of July in the year 2026. Uh thank you madame clerk. U any counselors have any questions. Anyone else from yo? All right. Uh madame clair, please call
the role. >> Council Lant. >> Yes. >> Council del Rosario. >> Yes. >> I hear a yes. >> Council Reyes. >> Yes. Councelor Infante. >> Council Infonte.
>> Yes. Yes. Going back to her. >> Um, Council Marl. >> Yes. >> Council Miguel. >> Yes. >> Council Gonzalez is noted as absent. Council Vice President Levy. >> Yes. >> Council President Rodriguez. >> Yes. Congratulations. Motion carries.
Unanimous. So, counselors, we have a few items here from public hearing that uh we have a uh some members of the administration that are here, employees that are here today. So,
the first one, the first one is uh out of the public hearing. Madame Cler, please read the notice for item 4826. >> Document number 48-26, public hearing. Um, notice is hereby given that the Lawrence City Council
will hold a public hearing on Tuesday, July 7th, 2026 at 7 PM in the City Council Chambers, 200 Common Street, Lawrence Mass, pursuant to chapter 2 of the acts of 2023, and in accordance with the recently revised city council rule 2. This meeting will be hybrid, allowing
participation both in person and remotely to accommodate participants with health considerations that prevent them from participating in person. To receive access codes for remote participation, please contact the city clerk at eileene.nal@ city oflorence.com or 978-620
3230 or view the meeting on Facebook and YouTube. Be it ordained that the Lawrence City Council of the City of Lawrence that the revised ordinances of the city of Lawrence are hereby further amended by adding the following sub paragraph to section 2.64.265
265 of the municipal code water sewer billing analyst. A position established. There is established a position of a water sewer billing analyst in the water department to be appointed by the mayor. B powers and duties generally the water
and sewer billing analyst shall be responsible for performing a variety of administrative billing account management and customer service functions related to the city's residential and commercial water, sewer, and storm water accounts. The employee shall ensure the accuracy of the utility
billing records, support the full billing cycle, and maintain the integrity of the city's meter and account databases. In the performance of these duties, the water and sewer billing analyst shall one, oversee and execute standard operating procedures
for customer service office related to water, sewer, and storm water billing. Two, assist the billing manager in processing approximately 12,600 water bills for the city, ensuring accuracy and timely issuance. Three, research customer disputes and complaints,
calculate potential adjustments, and prepare recommendations for supervisory review. Four, analyze and audit billing operations for each district, ensuring accuracy of meter reads, consumption data, and accounting classifications. Five, assist customers with billing
questions, account status, consumption concerns, and payment options. Six, establish new customer accounts and regularly update meter and billing databases, including changes in service, ownership, or meter configuration. Seven, train water meter technicians on
administrative tasks relating to billing, data entry, and meter reading procedures. Eight, assist with the download, verification, and transfer of meter readings from the city's automated meter reading system into a financial accounting system. Nine, run reports and
complete end-of-month billing procedures, including reconciliation of accounts and verification of billing exceptions. 10. Review and resolve billing exceptions or errors, including high variance bills, miscoded land uses, or incomplete meter readings prior to
bill issuance. 11. Verify applications and coordinate benefit payments for lowincome household water assistance program. 12. Assist with billing and invoicing related backflow prevention and cross connection control programs. 13.
Maintain accurate up-to-date accounts, records, and munice in automated meter reading systems. 14. Track and report billing data. Identify trends, irregularities, or in an anomalies in water usage or account
activity. 15. Assist with full bill cycles for storm water fees, ensuring accurate application of rate to residential and commercial accounts. 16. perform other related billing and administrative duties as assigned to support the effective operation of the
water and sewer department. Subsection D, qualifications. The minimum qualifications for the position of the water and sewer billing analyst shall be a high school diploma and one to three years of related work experience in accounting, bookkeeping or billing or
equivalent combination of education, training and experience that provides the requisite knowledge, skills and abilities to perform the essential functions of the position. Bilingual ability is preferred. Sub E. Salary and benefits. The position of the water and
sewer billing analyst shall be classified as non-union grade E with annual salary range of 54,600 to 87,360. Persons wishing to be heard shall be afforded the opportunity. >> Uh public hearing is now open. Anybody
from the public that wishes to speak name and address for the record, please. >> Thank you, Mr. President. Members of the council, Bill Collins, not afraid to give my address. one plat court my actual address. Uh I speak in opposition
of this creation of a bill analyst position for many reasons. First and foremost I guess the city and the personnel department have forgotten that every job I've ever seen in my working career and I'm now retired. I was in three different unions always has a
clause that says other duties as assigned. Apparently they're not in any city uh job descriptions. This administration has created well over six to eight or even 10
uh new jobs that are ordinance like this one is going to be completely out of thin air that never existed before. Creating jobs for friends and family of the administration make work jobs that can be done by people already on the staff. I want to point out also, I'd be
remiss if I didn't say as a disabled veteran that the Veterans Department has been understaffed for decades and this council knows there is still an item on your agenda that has been tabled for years about the uh two positions in that
office that are our ordinanced. You don't have to create a job out of thin air for a friend or a family, but they do have to be a veteran. the assistant director and the deputy director of the veterans department have been unfilled for decades. We now know that there are
well over 5,000 veterans in this city. The number came out during the budget hearings this year. 5,000 people cannot be administered to by one veteran director. He is the only one that is a veteran doing the work of that office.
He cannot possibly do the outreach required for the hospitals, the nursing homes, the homebound veterans, which there are many. Once again, veterans are at the bottom of the cast system. If this was India, we'd be at the back of the cave. If you
know about the cast system, we are the lowest form of the totem pole just behind the seniors who also don't have a elderly service board and we have no veteran advisory board. Both boards also ordinanced by the city of Lawrence that
remain unfilled for over a decade. So we don't need another position to burden the pension system of the city of Lawrence with a makework job. Thank you. >> Thank you. Anybody else from the public
that wishes to speak? >> All right. Public hearing is now closed. >> Councelors, what's the >> motion to approve? >> Second. >> There's a motion to approve. Uh properly second. Discussion. Discussion. We have the water and sew commissioner here if it is any
questions. >> Any questions? Councelor >> councelor Mamo >> I mean council president. I would like to hear from the commissioner um if there's anything he may add to advocate um for this position. And uh based on
what was said, not that you have to answer to it, but is there anything on the ordinance itself regarding the language of it that you deem that could be adjusted or added um that may be necessary?
No. >> Nope. So, good evening. William Hail, water and sewer commissioner, 400 waters. Um so, I worked with um the mayor's office, the attorney, and we worked all on this together. I will say that it's needed in the department. Um, in the past two years, we brought in
about $360,000 of loss revenue. Um, and that was because we were started looking into the water meters. Um, how many digits they each read and how that interacts with our munis billing system and census analytics. It's very complicated
software. You need to be involved in this. Um, I believe that this is needed for the city to protect the integrity of the financials of the department. If we don't if we underbuild customers overall all the other customers pay for people that are not being built. So this
position in my eyes will pay for itself. >> Um in the creation of this position um did we use um any similar positions from neighboring cities and towns to uh construct the language for this ordinance? >> Yeah. So I use the city of Somerville as
an example. Um so they have a billing analyst position. So we basically replicated um what that position was. I have experience with Somerville. So I know exact job description and duties of that position. >> Okay. And the salary range what um how
do we come about in >> So looking um back at the Somerville position at that time the last posting I could find was from 2021. It was $63,672. >> Could you repeat that? I'm so sorry. >> $63,
>> 672 back in 2021, so I didn't have an updated one, but I'm sure it's obviously higher than that now. I did the only other one that I could find with that particular title was a um utility billing analyst. It was not in the city in around the surrounding cities, but um
it was in North Carolina and that is 52,000 to $84,000. Okay, I'm also council president. >> Council LL, >> thank you through you. Um about a year or a half or so ago, ISD
came down and asked for an enforcement prosecutor position and one of the arguments was this position will pay for itself. When the budget came, we looked at the numbers, the position did not pay
for itself. So you just made the claim this evening this position will pay for itself. >> Yeah. >> How much do you I can you back that up any how can how do you back that up that claim? >> So simple. So this year we were
projected to bring in about $22.7 million in revenue and we actually were we brought in $1.1 million higher. Um that's with me looking over it and the billing supervisor. It's very time consuming to do this, but we there is
money on the table out there. So, if you have 12,600 accounts and you have two people that know how to look into that, I can assure the city council and the residents um that this position will definitely pay for itself and it'll be worth it in the long run.
>> So, thank you. when the FY2028 budget comes out. That's one of the questions that I'll be asking is how much revenue we're going to be getting just to make sure. Let's put a what do you one of my colleagues says put a pen in it. Was that the comment? A pen.
We're going to put a This is I learned that from my colleague from District D. We're going to put a pin right in this uh and we're going to rediscover that pin probably in May of next year. >> Sure. >> Thank you. >> Absolutely. >> Council Levy.
Council vice president Levy. >> Thank you. Uh this is the only Okay. So you are taking as an example that uh the city of Somerville. So all of this around this is the only
city that had a person or somebody working on the same uh title that that you are asking for. >> No, it could be a different title. So it could be like assistant supervisor or assistant office manager something like that. It just depends on the title. Um
so with census analytics we're moving in the future. There's going to be AI coming out involved with it. We we get about you know we're getting every meter read hourly daily. So it's there's a lot of data coming in. Um so when you we can
process up to 52 different reports. We have so much data available to us, but we're not utilizing it to the full capacity. So, it's 100% that this position will pay for itself. You know, just me looking into it a little bit already paid for four years of the
salary. Um, and it'll continue. So, >> but as far as the title, the title could be different in different communities. The ones that I found with billing analyst title was just those two. But like I said, it could be assistant supervisor, assistant office manager
>> because the other through your uh council president. So the other example that you give it that was from North Carolina that is what I you know summer and then go to the North Carolina. It's very far practically away. So
>> yeah, it's far away but they also pay less in North Carolina than they do in Massachusetts. I was just kind of showing you the salary is actually the same as what we're proposing. Um, if you move further down south, normally you get less money for the work. So, >> okay. Thank you. >> You're welcome.
>> Any other counselors? >> Hi, Madame Clair, please call the RO. >> Council Gonzalez is noted as absent. Council Miguel, >> yes. Um, >> Council Mar, >> yes. Council Infante.
>> Yes. >> Council Reyes. >> Yes. >> Council Del Rosario. >> Council Del Rosario. I guess he jumped off. >> I don't I'm going to note him as absent for the vote. Council plant. >> Yes.
>> Council vice president. >> Yes. >> Council president. >> Yes. Motion carries. >> Thank you. Councilors. Uh, madame click, please read an order for items uh 6526. >> Make a motion that we dispense with the preamble.
>> There's a motion on the table properly second discussion. There is not. All those in favor, please say I. >> I. >> Uh, Madame Clair, please call the RO. >> Oh, okay. Which is worse? Council of the plant. >> Yes. >> Council del Rosario.
>> Not as noted is absent for the vote. Council Reyes. >> Yes. Councelor Infonte, >> yes. >> Council Mama, >> yes. Council Miguel, >> yes. >> Council Gonzalez is noted as absent. Council Vice President, >> yes. >> Council President,
>> yes. Motion carries. Can I click? >> I just want to warn everyone, this is probably the longest legal notice was ever published. So, >> um, just bear with me. Purpose of the hearing is to gather testimony, information, and public input concerning the proposed amendment to the revised
ordinances of the city of Lawrence to be further amended by adding this current version of the ordinance substituting section 9.0440 of the municipal code prohibiting noises with the following paragraphs in their appropriate alphabetical order. Section 9.0440
prohibiting noises. A statement of public policy. Whereas excessive sound is seriously is a serious hazard to the public health and welfare, safety and quality of life. And whereas substantial body of science and technology exists by which excessive sound may be
substantially abaded. And whereas people have a right and should be insured in environmental an environment free from excessive noise and sound that may jeopardize their health, welfare or safety or degrade the quality of life. Now therefore, it is the policy of the city of to prevent excessive sound which
may jeopardize the health, welfare or safety of its citizens or degrade the quality of life. Purpose of this section is to provide standards for the control of noise within the city and prohibit or regulate those acts which most frequently create excessive noise. The general objectives of these standards are to secure the public health,
comfort, convenience, and safety of and to promote the welfare, prosperity, peace, and quiet of the citizens of the city. Definitions for the purposes of the section. The following words and phrases shall have the meanings respectively ascribed to them by the section. Construction any and all activity necessary or
incidental to the erection, assembling, altering, installation, repair, or equipping of buildings, roadways, or utilities, including land clearing, grading, excavating, and filling and paving. Decibible, the unit by which the sound volume is measured. Three, db, the
abbreviated for decibel. DBA the A weighted sound level in the decibel as measured by a general purpose sound level meter complying with the provisions of specifications for sound level meters. SI41971 American National Standard of Institute
properly calibrated and operated on the A waiting network sub 5 demolition any dismantling intentional destruction or removal of structure utility public or private right-of-way surfaces or similar property emergency an occurrence or set of circumstances requiring immediate
action involving the restoration of public utilities or the restoration of property to a safe condition following a public calamity or the protection of persons or persons from the imminent proposed exposure to danger. Emergency work. Work which must be performed to alleviate an emergency. Gross vehicle
weight rating GVWR. The value specified by the manufacturer as a recommended maximum load weight for a single motor vehicle in the case where trailers and tractors are separable. The gross combined weight rating which is the value specified by the manufacturer
at the recommended maximum load weight for the combined vehicles shall be used. motorcycle. Any motor vehicle having a seat or saddle for use of a rider and designed to travel on not more than three wheels in contact with the ground, including any bicycle with a motor or
driving wheel attached except a tractor or motor vehicle designed for carrying golf clubs and not for more than four persons in an industrial three-wheel truck or a motor vehicle on which the operator and passengers ride within an enclosed cab. Motor vehicles. Any
vehicle which is propelled or drawn on land by a motor such as but not limited to passenger car, truck buses, truck trailer, semi-trail, campers, go-karts, snowmobiles, dune buggies, or racing vehicles, but not including motorcycles. Noise pollution. Noise pollution shall meet conditions causing noise sources
that either A increased noise levels 10 dBA or more above the background noise or B is plainly audible beyond property lines or at a distance of 200 feet or C unreasonably interferes with the comfort repose or safety of a reasonable person of normal sensibility.
Pavement breaker. Any hydraulic or pneumatically powered impact device intended to cut or trench pavement subbase macadm concrete or hard ground person any individual partnership association
firm syndicate company trust corporation department bureau or agency or other entity recognized by law as a subject of the rights and duties in including the city, its agencies, its departments and any persons here and defined operating under the contractual arrangements or agreement with the city. 14. Pile
driver. An impact device designed to use or with for driving of piles, columns, other supports into the soil or other materials by means of impact, vibration, pressure, or other means. Tonal sound. Any sound that is judged by a listener to have a characteristic of a pure tone,
wine, hum, or buzz. Exceptions are the provisions. Exceptions to the provisions shall apply to the emissions of sound for purposes of altering persons to the existence of an emergency or otherwise specified specifically permitted by the
provisions of this section. The emission of sound for the performance of emergency work, non-commercial public speaking and public assembly of activities conducted on any private property, public space or public right of way except those activities otherwise regulated by subsection F. the
unamplified human voice except where otherwise prohibited by the provisions of the section. The emission of sound in a performance of a military operation exclusive of travel by individuals to or from a military duty. The emission of sound in the discharge of weapons or fireworks displays from 7:30 a.m. to 10
p.m. when licensed by the city. The emission of sound in the operation of a snow removal, snow clearance or snow making equipment by the city, its agencies, departments, or any persons operating under the contractual arrangement or agreements by which the city the emissions of sound for the
purpose of private or clearing of the snow removal, parades, public gatherings, or other sporting events for which proper permits have been issued, emergency vehicles, including police, fire and civil defense, and ambulances and locomotive trains. It shall be unlawful for any person or entity to
make cause or permit any noise that by its volume, duration, or character is plainly audible beyond property lines beyond physical boundaries of an individual dwelling unit, including the shared walls, floors or ceilings or the structures or the distance of 200 ft or which unreasonably disturbs the comfort,
repose or safety of a reasonable person of normal sensibilities. Evidence of such noise observance by a police officer shall constitute primapacia evidence proof of violation. specific prohibitions. The following acts are specifically prohibited by this section
in the causing or allowance of the occurrence of said act is hereby declared to be in violation of this section. Provided, however, that the provisions of this section shall not apply to emergency work or repair work performed by and for government entities or public utilities or private entities where such work is necessary to be
restored. public or private property to the safe condition for the following public calamity or work required to protect persons or property from an imminent exposure to danger and provide further that the necessity of work shall be determined by the inspector of the building or by the authorized emergency
or public utility personnel. motorized vehicle and equipment operating or permitting the operation of the following devices or vehicles on the days and times spec specified below in the residential zone in the city within 300 ft of a building or structure which is used in whole or in pot for the
residential purpose in any zone of the city. A all electric motors or internal combustion engines used in the yard garden maintenance, including but not limited to lawnmowers, riding tractors, leaf vacuums, leaf blowers, clippers, trimmers, and other garden or farm tools
and equipment and pavement sweepers on privately owned lots between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and on Sundays and holidays between on Sundays and holidays before 9:00 a.m. and after 9:00 p.m. All electric motors or internal
combustion engines or other construction devices, tools or equipment used in construction, drilling, demolition maintenance or earth moving, including but not limited to bulldozers, back hoes, concrete mixers, dump trucks, pneumonic tools, rollers, scrapers, air compressors, generators, jackhammers,
cranes, pavement breakers, pile drivers, rock drills, and chainsaws between the hours of 5:00 p.m. and 7 a.m. on weekdays and Saturdays before 8:00 a.m. and after 400 p.m. and anytime on Sundays and holidays. Snowmobiles between the hours of 7:00 p.m. and 8:00 a.m. on the weekdays and between the hours of 700 p.m. and 9:00 a.m. on
Sundays and holidays. Commercial track commercial tracks trash compactors or collection of rubbish from dumpsters or other receptacles by commercial vehicles over 10,000 lbs between the hours of 9:00 p.m. and 7 a.m. on weekdays and between the hours of 9:00 p.m. and 10
a.m. on Sundays and holidays. Notwithstanding the provisions of subsection F1A and B above, an air compressor or generator may be operated at a specific location between the hours of 8 am and 5 pm on Sundays and holidays when special written permission has been granted for that particular day by the chief of
police or his design or the chief of police or the design determined that such air compressor compressor or generator is necessary and adjunct to a certain specific business activity. in the specific business activity for which permission is sought can feas feasibly
only be performed on that Sunday or holiday to radio stereo equipment etc operating playing or permitting the operation or playing of any radio stereo television photograph musical instrument sound amplifier similar device which produces or reproduces or amplify sound in a
manner that makes it clearly audible across residential property boundaries activities open to the public for which proper permits have been issued shall be exempt for this provision, animals, birds, etc. The keeping of an animal or bird which frequently and continued periods of time causes excessive
conditions of noise pollution in any residential zone in the city or within 300 ft of a building which is used in whole or in part for residential purposes in any zone of the city. Hawkers and peddlers etc. Offering for the sale or selling of anything by shouting or outcrying within a residential area of the city. Loading,
unloading, etc. The loading, unloading, and opening of closing of handling of boxes, crates, containers, building materials, garbage cans, or similar objects in a manner that causes a condition of noise pollution across residential real property boundaries. Yelling and shouting, etc. Yelling, shouting,
hooting, whistling, singing in the public streets at any place that causes condition of noise pollution from 11:00 p.m. to 8:00 a.m. Loudspeakers operating or causing to be operated at a public address. loudspeaker whether mobile or stationary between the hours of 7:30 p.m. and 8:00 a.m. or anytime
without the written permission of the police chief of police or his design horn signaling devices etc. the sound of any horn or signaling device or any other motor vehicle for any unreasonable period or time except in danger as a warning. Motorized vehicles additional
prohibitions. No person when not in traffic shall operate the engine providing the motor power or any auxiliary engine of a motor vehicle with a manufacturer's gross weight rating of 10,000 lbs or more for a consecutive period of longer than 5 minutes while such vehicle is standing and located
within 150 ft of a property zone used for residential purposes except where such vehicle is standing within completely enclosed structure. This section shall not apply to the delivery or pick up of vehicles that require the operation of the engine to unload or load the vehic for the operation of the vehicles
carrying products which must be kept refrigerated. No person shall operate within the speed limit specified in subsection G either a motor vehicle or combined vehicles type subject to registration anytime under the condition of grade load acceleration or deceleration in any manner to exceed the
noise limit listed in subsection G for this category of motor vehicle based on the legal speed limit posted or not or the roadway to which the operation of such noise be measured in the distance of no more than 50 ft from the center line for the travel under the test procedures established by subsection G
in In the event that the distance of the measuring instrument from the center line to the travel is less than 50 ft such listed noise limit shall be corrected to reflect the equivalent noise limits for the actual distance. No person shall be no person shall operate a motorized recreational vehicle
including but not limited to a motorboat, dirt bike, dune buggy, go-kart, moped, motorbike, snowmobile or permit the operation of one more than such recreational vehicles individually in a group or in an organization or racing event or public private property
in such a manner as to create conditional noise pollution across residential property boundaries. For the purposes of subsection F, weekday shall be understood to mean the period of time extending from 7:00 a.m. on Mondays until 9:00 p.m. on Saturdays of each week, but excluding holidays. Sub F.
Maximum noise levels. Following levels are the maximum noise levels that are permitted for specified noise sources. Vehicular noise. The maximum DBA permitted for stationary runups for vehicle class. All vehicles
over 10,000 pounds. has a limit of 35 mph or less. Limit of 35 to 45 m per hour. All vehicles over 10,000 lb with a GVWR of 86 limit is 90. All motorcycles at speed limit of 82 or less, the speed
limit of 35 or less, the limit is 82. Um speed limit of 35 to 45. The noise limit is 82. The measure shall be from a distance of 50 feet to the closest point past point of bypass of a source of 50 ft from the
stationary vehicle. This section applies to all total noise from vehicle or combined vehicles and shall not be construed as the limiting or precluding or enforcement of any other provisions of the codes relating to the motor vehicle muffler or noise control. The measurement of sound or noise shall be
made with a sound level meter meeting the standard prescribed by the American National Standards Institute or its successor body. The instrument shall be maintained and calibrated in good working order. A calibration check shall be made with the systems of time to time and noise measurements. Measurements
record shall be taken so as to provide proper representation of the noise source. The microphone during the measurement shall be positioned so as not to create an unnatural enhancement or dimmunition of the measured noise. A wide screen for the microphone shall be used when required. Traffic, aircraft, and other transportation noises,
sources, and background noises shall not be considered in taking measurements except where background noises interferes with the primary noise being measured. Every motor vehicle shall at all times be equipped with a muffler in good working order and in consistent operation to prevent noises exceeding the DBA levels of subsection G.
Construction, demolition, and manufacturing equipment. Maximum noise levels permitted for construction items. A backhole, bulldozer, concrete mixer, dump truck, load paver, pneumonic tools, roller, scrapers, cranes, but specifically excluding jack cameras, pavement breakers, pile drivers, and
cranes. Um, the permitted noise level is 90. For air compressors, full size, the noise level of DBA is 85. For generators, it's 80. Electric drills, sanders, saws, including chainsaws, and other power tools types, whether handheld or otherwise, are 75. A chipper
running at full speed but not chipping is 90. Solid waste compactor 85. Home tractor leaf blower 80. Lawnmowers or trim 75. Noise measurement shall be made in distance of 50 ft from the source or the property line.
Three. Maximum noise levels exclusions. The following devices shall be exempt from maximum noise levels set forth in G2 provided that the noise barriers and noise shields are used to protect nearby areas and conditions. Noise pollutants. jack cameras, pavement breakers, pile drivers, and rock drills. The time
limits contained in sections F1 shall apply and noting nothing in this section shall be construed to exempt such devices from the provisions of such sections. The tonal sound corrections exemptions when a tonal sound as defined in the section is emitted by a noise source specified in subsection G1 or G2.
Herein the limited or maximum noise levels shall be 5 dBA lower than the specified subsection G1 and G2. The provisions of the sub paragraph 4 shall not apply to active activities covered by subsection G1 motorized vehicles one
emergency signaling vehicles and stationary non-emergency signaling vehicles. Sub five, alternative measures procedures. If it is not possible to make a good noise level measurement at the distance specified in subsection G1 and G2, measurements may be made as an
alternate distance in the noise level subsequently calculated for the specified distance. Calculations shall be made in accordance with established engineering procedures. All noise levels measurements made pursuant to the subsection shall be made in the type one or type two a weighted sound levels metered as specified under the American
National Standards Institute. Noise sources causing noise pollution. Whether an offending when an offending noise source is located in public spaces, noise measurements shall be made at and noise pollutants determinations made in relation to any location a pass by might reasonably occupy. When
offending noise sources is located on private property, noise measurement shall noise measurements shall be made at noise pollutant determinations made in relation to the boundary line of the property within which the offending noise source is located or as close there to as feasible. All noise level
measurements made pursuant to subsection G shall be made with type one or type 2A weighted sound level meters as spec as specified under the American National Standard Institute standards. emergency signaling devices. No person shall operate or permit the intentional
sounding of outdoor of any fire, burglar, or civil defense alarm, siren, whistling, or similar stationary emergency signaling device except for an emergency purposes or for testing as provided in sub paragraph 2 of the subsection. Testing of a stationary emergency signaling device shall occur
for the same time of day as a test performed but not before 7 a.m. or after 8:30 p.m. Any such testing shall use only minimal cycles of test time. In no case shall the test time exceed 60 seconds. Stationary non-emergency signaling devices exemptions. No person
shall operate or permit the sound of any statutory bell, chime, siren, whistle, or similar device intended primarily for non-emergency purposes from any place for more than one minute in any hour period. In no event shall any such sound take place before 7:00 a.m. or after
8:30 p.m. Devices used in conjunction with the places of religious worship shall be exempt from the operation of this section. Enforcement. The police department and traffic control officers shall charge with enforcement. Officers may establish probable cause for violation through the direct observation, citizen complaint
corroborated by the officers present, or other competent evidence. Use of sound level measuring equipment is optional and not required for enforcement. Penalties. Violation of any of the provisions of this section shall continue shall constitute a misdemeanor or any person upon conviction shall of
such violation shall be fined in accordance with the following schedule. No less than $200 for each offense and a separate offense shall be deemed committed each day during which or in which the violation occurs or continues. The foregoing may be enforced by the police officers and by traffic control
officers. This section may be enforced by noncriminal procedures in accordance with chapter 1.16 of the codes of the general laws chapter 40 section 21D as I say may be amended from time to time conflict with other regulations the
provisions of the provisions contained within this section shall not relieve any person from complying with any other law statute codes regulations or ordinances of the commonwealth or of the city serverability if any of the provisions of this section or the application of which to any persons or
circumstances shall be held invalid. The validity of the remainder of the section and the applicability of such provisions to other persons or circumstances shall not be affected thereby. To the extent that there exists any ordinances to the contrary, they are appealed in that respect only.
Persons wishing to be heard shall be afforded the opportunity. >> Anybody from the public that wishes to speak? Anybody from the public that wishes to speak? Uh, nobody. So, at this point, public hearing is closed. Counselor was a
motion. >> Make a motion to approve. >> There's a motion to approve. Properly second. Discussion. >> Yes. >> I got a series of questions. Um, if the author of the proponent for that would come forward. I think that's the captain.
>> We have the police department here. Good evening, council. >> Good evening. There's a lot to absorb here. Uh, as evident of the fact that it took the clerk 10 minutes to read that. So, uh, >> I apologize. >> Yeah. Well, listen, I may give you or not give you credit for this. Um, this
is a lot of work. I don't believe in in recreating the wheel. Was this wheel already created somewhere else? Was this language another community that seems to be working? And if so, what community was it? >> So, I can't take credit for the creation of the of the ordinancer. It was actually um a collaborative um effort
between myself um other members of the department and also attorney Hooton. So that's how it that's how it came about. We currently do have a a city ordinance that addresses um obviously um noise. Um however, it's weak at best.
>> So So this is essentially you just you didn't go to another community. You just saw our ordinance and then worked off of that. Is that how this was created? >> That's the approach that we took. we found we found the issues or the the holes within our um ordinance and sought out to fix them.
>> Okay. So this ordinance goes beyond or noise. It deals with emissions and so um on several places it talks about idling for example. >> So >> so it's not meant I apologize but it's not meant to address um emissions per se. It's meant to address idling
vehicles. So like um like a construction vehicle, you know, idling for an extended period of time um you know, next to in a residential area. Um I I think that we've all been there. We've all had some work done either nearby our our residences, but that's what's meant
to address obviously. Okay. >> Since you've put put a lot of time and work and effort into this, you are on the front lines of getting our phone calls on noise ordinance violations. So what in what were you trying to address
in this proposal that's that wasn't captured in the in the current ordinance? >> Of course. Um the biggest um the biggest problem council is um the current ordinance that we have in the books doesn't have any teeth. Um ultimately it is um it is a suggestion once you're
cited um on whether you will actually pay that fine. there is no consequence um for not paying it. Um what happens now is you um we it gives us um an avenue to travel down to actually hold
people accountable. I give you a citation. You could choose to appeal it. You know, obviously there's certain rights to appeal that I'll go into um later, but if found if found liable for it and you failed to comply with um with payment, then we could actually go it's now a misdemeanor. will put in a
complaint over at the courthouse and um you know and get you into in front of a clerk into a magistrate I'm sorry. >> So the so you believe you're that this what this does that it provides you call it teeth or immediate enforcement with penalties that don't
that are more that are more they're more quickly administered as opposed to going through the more the legal process through courts through misdemeanor. Is that is that accurate? >> Um no sir. So, as as of right now, the way the way it stands, I go over to your house. Uh I've been there a bunch of
times. I go over to your house. I give you a citation for the loud noise. >> Quite frankly, it is a suggestion. You know, I counselor Michael Plan should probably pay this. But if I don't feel like it, it's fine because nothing is going to happen. And that's how it's been now for years. M
>> um and you know in the year 2026 you know the word gets out quick you know so when you um you know now you have you you have a bunch of houses you know um loud parties and the word is out there hey you don't have to pay the ticket um
and you know and and it continues >> okay >> right I'm just going to go through certain sections of this >> please >> on subsection B parenthesis Number 23, it talks about exceptions to the noise ordinance. One of them is parades,
public gatherings, and sporting events where proper permits have been issued. One of the things that on some of the festivals that we have that may be downtown, but constituents of mine are hearing it and we're two miles away. Um, are you suggesting that
if something is loud 2 miles away that that's an exemption that there's there's no noise ordinance being violated under this under this exemption? >> No. What we saying is that as long as a permit was in fact um granted for this um you know for that particular parade
or event or event then you know it's um I'm assuming that when when issuing out a permit you know considerations are made you know or um you know they take into consideration whether it will affect or who it will affect and for how long it will affect um the population.
You know what I'm saying? So, what I what we're saying here is it um that would not constitute a violation as long as a permit has been issued. >> So, let me I'm sorry to drill down on this. So, you can put it as loud as you want, but if you got since you have a
permit, you can put things as loud as you want because that's what it's that's what I'm hearing. >> No, what it becomes it becomes your job. What happens is you issue the permit, you issue a festival, then the next year, next year when you come and that person comes in front of you and says,
"We're going to have fireworks." >> Attorney Hooton. >> Yes. >> Introduce yourself because I mean, >> uh, attorney Tim Hooton for City of Lawrence. Uh, next year when I put in for that permit, you as a representative of the city said, "Last year you had fireworks. They were too loud. We're not going to allow them this year." They
they have a legal permit. We don't monitor that at on that night. But obviously you're the one that issues the permit. You have the right to say no permit. You have the right to put no fireworks. You have the right to do anything with those. But if somebody comes before you, they're trying to be legal. So we're not trying to address
legal. We're trying to address illegal. >> Okay. All right. So this So So one of the biggest problems is a lot of problems. This is I'm I don't need to tell you how important this issue to the people that we represent that I represent. It's pretty important. I would grant I
would rank this probably in the top five of issues that the people in my district complain about is is noise. It drives people out of the city. Um so when you're suggesting to me that that that that that we have control over that uh if there's a permit that's being
issued for a festival parades we don't. Parades are on public ways. We don't issue permits for parades. And I've been in parades where along the sides of the street, I remember on Broadway, for example, there are boom box speakers, the sides of automobiles booming things out and I couldn't even there's no way
that I could talk to someone next to me as I'm going down there. That's a police department, for example, permit. It's not a permit by the city council. So, in that particular case, that's extremely loud. I mean, really, really loud. This this is an exemption to that. They
can they can do that. The the vehicles within the parade. I've been at those parades. Believe me, I know exactly what we're talking about. I've been at those parades. The vehicles within the parade on the parade route like involved in the parade. I'm sorry. >> Okay. >> Those vehicles are exempt.
>> Okay. >> You know, any anything else is is extra and it's fair game for the purpose of of um of the ordinance, sir. >> Okay. Next, we'll move on. Um and I think it's subsection D. I wrote these notes down. Um
it is right past that. Subsection D. We talked about the property line as being this this line where if some if explain why the line is important and why the reasonable man standard is applied here with respect to if you go in and you
hear something on the street is that violated because you hear something not on the across the property line does that trigger the noise ordinance violation? >> No, not necessarily. So you got to you got to understand that this is not we're not trying to use this as an arbitrary
um you know to use we don't want to use this arbitrarily. We don't want to you got to remember that that by law the noise can't bother me. You can't disturb my piece as a police officer, you know. So this is you could have the music or the noise whatever noise as loud as you
possibly want in your house. If it doesn't bother your neighbors, >> that's right. >> It's fine. You know what I'm saying? I could drive by it a million times. I it can't bother me legally, you know. So, so it's it's a reasonable not only do we have it's a it's a reasonable standard,
but also there has to be a triggering factor and that is it bothers somebody a member of the public. >> So, and that bar is very low. It would seem to me as I'm driving through our city oftent times it will
if if someone is living in a we we we're so congested. If someone is living in a house and then in the next house within 10 feet away because we're very close to each other can hear the music in the house next door to it and you go there or a police officer goes there and hears
that does it automatically trigger as a violation? >> No sir. No. >> So it it triggers it triggers a response. An officer will come down and and actually assess what's happening you know and you know our our officers or the vast majority of our officers live in the city. they do want to send the
city and you know they would be the arbiters of whether it's reason or at least the first arbittors of whether it's reasonable or not. Um and you know the call would simply be documented. Not everything goes straight to us to a citation. Not everything goes straight
to a to to a hearing. Um sometimes you know a conversation, hey it's bothering your neighbor, you know resolves the issue. Most times it does. >> Okay. But I'm just talking about the law. We have here an ordinance. We're going to we're going to draft a law and the law is very clear and this is
proposal. is unlawful for any person or entity to make noise, cause or permit noise by its volume, duration, or character. Is plainly audible beyond a property line, beyond the physical boundaries of an individual dwelling unit, including shared walls, floors, ceilings in a multi-tenant resident
structure, or at a or at a distance of 200 ft or which unreasonably disturbs the comfort, repose or safety of a reasonable person of normal sensibilities. Evidence of such noise. So if you hear it is not my interpreting. Evidence of such noise observed by a police officer shall shall
not may shall cons constitute a prim of fascia proof of violation. There is a reasonable status reasonable for it. So there is nothing louder than a bunch of four year olds at a birthday party. But that occurs during the day.
That same decibel at 2 a.m. would be a violation. That decibel during the day. A reasonable person would say a party of a bunch of kids outside is not unreasonable. Someone saying at 2 am to hear that same pitch in tenor is unreasonable. So that's why there's a
reasonable standard of what you hear. There is always going to be the one person that is going to be upset by everything. That is not the reasonable person. I don't like my next door neighbor because their their doorbell rings funny. I don't like anything. You
know that that's not the reasonable. The reasonable person is person when you come across it. What would a reasonable person hear? If you if it's the middle of the day, there's a bunch of kids laughing that a reasonable person say that's not a noise violation. At 2 2 a.m. that same decibel sound. I'm not saying it's going to be a bunch of
little kids. Hopefully they're in bed by then. But that could be deemed to be a violation. >> I just think that the and I get it's law is not perfect. It's somewhat not arbitrary, but it's subjective sometimes. And I understand that you're
going to use some discretion. If it's a four-year-old's birthday party at 2:00 in the afternoon, that's one thing. It's a four-year-old's birthday party at 2:00 in the morning, that's something a little different. Uh I don't care if it's a four-year-old's birthday party. People got to work the next day. People got to go to school. People have got other responsibilities. Whether it's a
four-year-old's party or just a rip roaring keg party going on at a house or whatever, you know what I'm saying? It doesn't make a difference. Noise is noise. And if someone can't sleep, they can't sleep regardless of who is making the noise. >> That's why I said it depends on the time of the day and the reason.
>> Um going moving on 9A. Um >> yeah, it's me. >> Well, I'm almost done and then that'll be it from me, I think, unless I something gets triggered. I'm almost done. Um there's some section that talks about I want two two more things. One is about the noise meters just so we know
where I'm going. And the second it talks about the weekends. I was confused by that. So let's start with the weekends. Under F uh F it talks about maximum noise levels. Uh no before that section subsection C
must be E. Um for the purpose of section F weekday will be understood to mean the period of time extending from 7 a.m. on Monday to 9:00 p.m. on Saturday of each week. What are you attributing that to? What what is that? What is that for? the the week weekdays weekends.
>> Well, you have a bunch of sections within this ordinance. Um, speak about the >> And then the section, >> it's 9F, I'm sorry, I'm sorry, 9 C >> 9. >> Yeah. >> So, so you have you have sections within
the ordinance that that tell you about when you know, for example, you could use a pile driver. So this just, you know, and and that's just an example or a wood chipper or things like that. This is just basically defining what what it is that we're calling the the week or the weekend.
>> All right, that's fine. I just I know that my colleagues I don't want to take all this time up. Last my last question and I may come back. My last question is the noise meters. There's a I think this was reference a noise meter was referenced in here. Did I >> hear that correctly? >> Yes, sir.
>> Okay. When is that used? Is and and how is that a regular? Talk to me about the noise meters. >> I could I could tell you with 100% honesty that we do not plan on using noise meters. >> Okay. Okay.
So the officer's observations B the officer's observations the um reports um that that will you know well a report will trigger an officer to come down and make observations and obviously using the reasonable incentive we would go
ahead and um and and I'll tell you and I'll be completely honest with you um using a using a meter you know or relying on a meter at every single call um is not feasible um just the maintenance of the meter alone. Getting,
you know, it's not simply just we bought a meter. It's the maintenance of the meter itself. Um, having it calibrated on a on a regular basis adds a a cost. Um, it it makes it it makes it cost prohibitive,
>> if I could be perfectly honest. >> Other counselors. So going back to the enforcement, you mentioned on the ordinance that enforcement is only it only can be done by the U traffic enforcement and the police department.
>> Correct. >> And it mention meters, but on the enforcement it also talk about observations. >> Correct. >> So how you going to differentiate and how you going to measure the decibb? Because the whole thing around this
ordinance was about the decibb. How are you going to measure the decibb? I mean, it can be subjective. >> No, it's it's it's not well everything is subjective in all reality when we when we talk about noise and what bothers people. Ultimately, an officer police officer or the police station
gets a report. This bothers me, right? And an officer is deployed to that area to and to determine yes, this is reasonable. This is not reasonable. I can tell you from personal experience, I' I've been to houses where they're just simply playing the TV, you know, so
and and it bothers somebody, you know, somebody's more sensitive than others, you know. So, the opposite does get to make that observation um and have those conversations and ultimately make a decision. >> Look, I have I have this this meter
right now. It's been news since we started the conversation because my whole thing around this was about the decibb. I kind of like, you know, went around and around and around this old the old we used to have and the main problem that I have with it is that it
didn't have any decibb to measure the sound of anything. It could be a conversation. So far, we exceed 90 dB within this conversation. We have 91 decibel max which is this
whole conversation we have right now on this ordinance the average is about 65 dB. So it is it is it is if I'm actually you looking into an specific case uh to be
able to uh say that it violate the ordinance we need to have some type of device that measure the or the within the observation have to have some type of device that measure the the the noise level
>> otherwise it's not going to be sustainable in court >> if I I would going to use a little lawyer's trick which I'm not going to do is right now I would scream at you at the top of my lungs. Scream so loud.
Okay. I think everybody here would say that was inappropriate. You don't need a decibel meter. Common sense tells you what that is. That's enforceable in court. If the officer arrives and then another officer arrives, another officer arrives and they all testify the same thing. That is enforceable. They don't
need a meter. So, you're telling me that at the time that 10 people have a ticket and five of them decide to go to
court and we have five officers, different officers that give out those tickets. You're telling me that we're going to send those five officers to the court to testify? >> That's that's currently what happened, sir. >> Well, that's wrong. That's why we need to change it because if we have a
decibel meter, >> you would still have to have you would still have to have the officer come in and testify. On such and such a date, I calibrated this meter. On such and such a date, I deployed the meter. The meter went off on this date. So, those five police officers would still show up
because they would now be talking about a meter instead of what they observed. But that's not how we do business when it comes to traffic tickets because we have a a lieutenant that go to court and present those evidence in front of the court and then if that person go to f
you know to fight the ticket in front of the judge and then the police officer need to go. So that's not our case when it comes to tickets. So >> this is going to be the same situation. >> Yes, exactly. But I mean we need we need fats measured it by the meter. So, as of
right now, going back to um how it works when you when when you're appealing a citation, you appeal a citation, the police officer doesn't show up, they drop they drop the citation. Ultimately, that's in in essence, that's how it works. >> Yeah. >> Um so now you're going to by the use of
the of the decibel meter would add an additional person that would have to actually show up to court. the officer still gets to the officer will still have to go and attest to what he witnessed or she witnessed um at the time of the at the time of the violation. But now you have to add another person
to it, you know, and documentation to it. And that would be documentation pertaining to the calibration of the of the meter itself. And also the person that was in charge of the maintenance of the meter itself, the person that takes care of that would actually have to be in court as well for that for that purpose, sir. >> Yeah. And the way that I'm seeing this,
I'm I'm in support of the of the ordinance, but if we're not going to enforce it through a device and just subjective observations, I don't think I'm going to be able to to support it because we need to look at both sides.
We need to look at the person that is complain is complaining about somebody's bothering me. But we all the other person also have rights which only going to be defined by what is the actual noise level. >> So
>> and based on observation is like it's very subjective. >> Everything is actually subjective sir. You know like like >> but not in front of the corlo. >> No absolutely you know I could >> if if you if I see you run a red light the officer is going to say I saw that red light. There's no meter. It's the
same testimony. It's the court judging the veracity of the officer versus the person. It's the same thing that happens at court every day. It's that's what he does for a living. He goes in and says, "I observe this." There is no meter. There's no special thing that bolsters
him. It's his word. And that's what's going to happen in the in the cases. The officers are going to go and testify. This is what I heard. This is my belief. It was loud. And the court will accept it or not accept it. The person has a right to say, "I don't believe it was that loud." But I mean that's that's the way it happens.
>> No, what you're saying right now is that every case that is present by the police department at the court of law is correct. That is not a case. >> No, no, it's it's up to the court to decide, but the evidence that's presented is they may not believe the
officer. >> I I believe that, you know, to be able to change the ordinance we currently have, we have to have some type of device that actually measure the actual noise level. if we're not using it. I I actually what that was my first
statement on the question in enforcement and shall those are the first thing that I actually look into it and then uh when councelor La plant asked you you mentioned that it was the intent is not to use the meters. So that was my first
uh trigger point or question or red flag that actually called my attention on this ordinance. If I if I may clarify something for you, Council President >> I I would like for you to look at it this way for just one second. >> Um, somebody calls and complaints about
music. I'm not going to mail you a ticket. >> No. >> I'm I'm not going to take the word of whoever called, you know, and without vetting it issue you a citation. >> That's correct. >> An officer is going to go over to the scene, put eyes on the situation. All
right. and using the common sense, the common sense um you know that we expect all of our officers have um to have will make a determination on what the appropriate outcome for this interaction is going to be. Is it reasonable? Is it not reasonable? That determination will
be made on scene at that time. So that's why so we we will not be mailing anybody a citation. No, >> it make it really it make it really easy if you could do it that way, but that's not the case. Don't you think is u it's and look at it from this perspective. Do
you think it wouldn't be uh easier to show up to a property, stand in front of the boundaries as established by the ordinance? If it is a piece of equipment, 50 ft, if it is a a
a house, the boundaries of that property, measure the decibb, get the actual facts, and walking into that property and say, "You guys violate the ordinance. these other facts and you earned the citation >> to to be honest >> instead of instead of instead of common
sense because common sense means different things for different people. It could be give me a minute. It could be that somebody don't like that music. We have have that complaint and that bothers that person.
The type of music bothers the person not how loud it is. It's two different things. That's why we need to put our police officer on a position that that that is not a question. We going you're
going to go over there and measure how loud it is through a decibel meter. That's it. It is not It shouldn't be subjective. And that's the main problem with the old ordinance. It was very subjective. It was up to the police
officer and up to somebody that called and get uh bothered by something and that's that's the whole that's the whole thing around it. >> But I I think you're misunderstanding and excuse me, but you're misunderstanding police work. Okay,
here's what really happens. Police officer arrives on scene, hears noise. Hi, your neighbor's complaining. could you please turn it down? They turn it down, you leave. If there's other calls, that's when it happens. This isn't like
an automatic. Every time we hear a noise, police officers going over there issuing a ticket. It's community policing. It's, "Hey, maybe you don't know this, but your neighbor doesn't like this. Maybe you don't notice I'm out from the street. Maybe you don't notice that your kids are playing." That's that's the real world of policing
is that, you know, they're there to make friends. They're there to to help the people. They're not there to just write tickets. not going to be standing out there with this meter going around the city. They're going to be going like, "How do I make it better for everybody?" >> I understand completely, but remember
that I live here and I know I have have those complaints bunch and we all know that sometime people get bothered by any specific reasons. What I'm asking is that I'm not saying take
that right away from that person or take the right away the the the right of the person that is listening to music perhaps. I'm not saying that. I'm saying the police department should start in the middle and look at the facts and
that should be the reasons the ground as of how you're going to be writing a ticket. I don't think we should be discussing these this type of you know basics. We cannot just depend on observations to
be to write a ticket to somebody. Even when you get on a speed on a speed ticket if you for you to prove it in court you need to have that meter >> which is the the speed gun. >> You do not >> not necessarily sir. >> There is different methodologies.
>> It's never an observation. I'm just talking as experience. >> That is different different methodology but not an observation. >> Speeding ticket with where they brought the gun in >> but not an observation. You cannot write a ticketation. Oh, that that person was fast. >> Yes, you can. >> But that's not that not that's supported
on the court of law. >> You can write it. >> So, >> but it's not going to you're not going to win it. >> I mean, you you have you have two statutes that cover speed. You have 917 chapter 90 section 17 and chapter 90 section 18. um one being um posted and one being greater than reasonable. Um
and there is such thing as driving too fast for the conditions for the you know for the the road conditions the weather things like that and yes absolutely 100% can be based on observations. Well, to be honest with you, if it is a weather condition and you sleep and then
you have a a car that went through the through the place, yes, it was based on observation, but it was an after the fact situation. That person went in through the through the through through the hill and probably have an accident. Yes, it is a fact. After the fact, you
observe, but it was a it was something else. It's not like somebody pass in front of me and say, "Oh, that person was fast." because it could be observed from different point of view and different perspective even even culture
get into it say oh my where I come from people don't go that fast so now they go fast but what is fast so what is noise what is the noise level that we expecting like that common sense that
every officer should have is dependable on so many factors it could that you know my family like salsa but this other family like me and then the other one like bachata that's subjective
>> and that's what we don't want >> here's u here's uh again you know just going into like what the reality of police work is I've made hundreds of arrests in my in my career right um for hundreds of different crimes that were
committed and I witnessed very few of So a lot of it was, you know, observations that somebody else made, you know, me putting my, you know, go responding to wherever it was, conducting an investigation, using my common sense to arrive at, you know,
more likely than not, you know, to what probable cause is. Do you do you understand what I'm saying, sir? >> No, 100%. >> So we already expect and we already trust our police officers. not only this community but every community that has
law enforcement to exercise common sense at a a much higher degree than just simply a noise citation. So if we already have that I think that we no >> my opinion >> no no no you're a police officer of course but there is other people that
doesn't think the same way and we need as a council we need to stand in the middle and say this is going to work for the police department but also going to work for the community. We're in the middle of of of the whole thing and because this is going to be a law
and this is going to be a law and if we don't analyze the law from all point of view just from the complainer point of view or the police department point of view we're not being fair and probably violate violate people's rights because
we need to look at it from every aspect and having a meter will solve the whole issue. having a meter because you're going to have fat. It's not about, you know, I'm
suggesting that you are because we trust the guys that are, you know, at the police department. Not everybody is like that. Not everybody have the same sentiment. No, I mean, we can we we cannot be naive
about the situation. It is different reality for different type of people. And if we just leave it up subjected as anything and we don't have fats about the about the problem, we might cause other problems. >> Just to >> I don't know. I don't want to take the
whole thing around, but I mean >> just one final note, it should be noted that no community has hundreds of meters. Everybody has a noise ordinance. They're all enforcing it right now. They're all doing it currently and they're all relying on the police office to enforce
it. This is nothing new. We're not creating something out of the hole. Um I I would also say, and I I don't want to bring this in, but if tomorrow all of a sudden the police chief came in and said, "I need $100,000 because I got to get meters. I got to get training. I got to get all this stuff." I mean, that's
that's a tax burden on the citizens, too. I you know, this is this is what works in every other community. I I think it would work in Tim, but you can you can you can >> you've been too open, Tim. You're the attorney. You you don't know that that works in every community. I mean, you
assuming that's not fair, Tim. >> I mean, I know that is a little passionate situation, but I mean, we reviewed their bylaws and nobody required um meters, >> but you sure >> because those are the actual measure Sure. Those are the actual facts. I
understand the law says it's based on the fact and nobody does it. I just >> No, it doesn't mean that it's right. >> Okay. >> Yeah. one two one two question that somebody wrote about those two questions sport events and uh and um and sweeping during the night what are those attempts
if they have like how those are going to work >> I'm sorry that you said sport >> sport events >> as as long as as long as they're activities that are sanctioned by the city meaning permitted >> um you know went through the proper venues to actually you know >> get the permit got it >> permission
>> and also what about sweeping during the night that that goes at night so what's going to happen with Yeah, sweeping. Again, that's a that's a that's a function that's allowed by the by sanctioned by the >> just want to make sure that that I asked the question. >> Same with also with um with snowb blowing,
>> you know. >> Got it. Any other counselors? >> Uh I go to the >> president. >> Uh councelor Infante. >> Thank you. Um hi Captain Longas. My question for you, a question slash
concern is what is the plan that LPD has to enforce this besides ticketing? And what I mean by enforcement is right now we're having issues with capacity.
Um, right now we're having issues with the noise calls that we're currently having. And we can use Fourth of July as an example. Um, let's say I was in Boxford at my aunt's house celebrating my grandfather's birthday and the second
that I entered Lawrence, all the noise, the music, the fireworks, everything like it was ridiculous. And I I actually that same night I had a constituent email me saying that she she wrote to the noise complaint email of
the LPD has and the response she got back was please be patient. So if if we are having issues enforcing or or attending to calls and emails currently what is going to change if
this ordinance were to pass? Go ahead. >> Um, hi councelor. Um, I think that I'm sorry. >> Just just to speak to that. >> Oh, I'm sorry. I I do believe that we have create we created a condition um
here in the city of Lawrence where we have allowed things um you know um things to fester, right? There are no consequences, right? And and that's and sadly that's what it is. again. I could come over to your house and give you a citation.
>> Just speak to to the mic. Put the mic in front. >> I apologize. Yeah, >> I I could come over to your house, give you a citation. It's up to you if whether you want to pay it or not. It doesn't matter. There's no consequence behind it. Um and that that that has festered. The word has spread. So now
there will be repeat visits to your house, you know, and there will you know it'll be it be over and over again. It's not that officers are not responding. Um I know that I know that during the Fourth of July weekend there was a there was volume of calls. So yeah it did take some time for people to get to place um
officers to get to places but the consequence that we could bring with us when it was in fact a um a sustained um violation are very limited. We could give you we could get you know
it's when you tell when you tell your your I think it's safe to say that most of us have are parents here. um when you tell your kids um don't do this or don't do that um and then you add the or you know or I will take the iPad I will you
know there's no TV when there is in fact a consequence there is a change in the pattern of behavior that they exhibit there has to be an or if we don't have the ore and this that this gives us that ore
if I and you know I'm I'm trying to u I'm trying to keep it simple as I possibly can. The Lawrence Police Department is especially during the Fourth of July weekend, it was I get the emails. I get them directly on my phone. I saw exactly what was happening in the city and not having as frustrating as it
is to the to the citizen that's experiencing the noise is just as as frustrating to the officer that can do absolutely nothing with it. could hand you the citation that that we have in the um that we currently have and when I
walk away you could flush it down the toilet because it means absolutely nothing. Council, Council President. Thank you, Cap. Captain Montas, >> Council Mama, >> um I try to read all of this.
Is it a guarantee based on this ordinance that um the first initial visit of a complaint is that it's a warning given to the tenant, the owner and then it's so it's a documented warning and then any
subsequent visits after that is where a citation is issued or is that also upon the discretion of the officer? >> So it's all the discretion of the officer. However, this is this is how I see how I've how it currently works or how it's worked um for as long as I've
been a police officer. I'm assuming that a whole lot longer. Um every single call that comes into the Lawrence Police Department is logged. Um so when I get called to 90 L Street, you know, the computer system goes ahead and alerts me that I've been there that I've never
been there or I've been there 20 times. And if I have in fact been in there 20 times, it alerts me what I had been there for. I gota I do have to tell you not every response warrants a citation. At the same time, not every response
warrants a warning. >> So that's um >> No, I that's what it is. >> I understand. And um I I I do um understand the importance of uh this ordinance as I I've used the the email.
Um the last time I used it, I was actually surprised as to how quick I received a response and within 30 or less than 30 minutes, I saw that that issue was addressed. Um and I try I I try to be compassionate. you know, I understand like if it's a weekend, you
know, anything like past 10, it's kind of like where I get a little bit annoyed and then come Sunday, it's like, oh, I'm working the next day. So, um, so I noticed the the time change is, I believe, 7, 7:30. So, I'm assuming that that's Monday through Sunday. Like
that's the seven days of the week, correct? >> Right. >> All right. >> So, noise noise is again is something that is subjective. You know, the noise can't bother me >> as a police officer. It's when it bothers somebody else. Yeah. >> You know, so people can call the
Lawrence Police Department at any point in time and the officer is going to like like attorney Hwin said, if there's a birthday party at 4:00 in the afternoon, you know, you know, the officer more likely than not would side with the fact that this is normal, this is reasonable.
um when this is happening at 5:00 in the morning, >> the officer will probably >> and then playing devil's advocate, I must say that um I understand certain points that our council president is trying to make and it's the fear of trying not the fear, let me reword this,
is trying to mitigate the abuse of power. Again, not, you know, not to um not trying to imply that the department, you know, um is not doing their due diligence, but it's also, you know, us
trying to make sure that this ordinance is not handing over uh pretty much the keys for uh potential abuse of power in allowing like a freefall of citations being made when sometimes um again
because it's upon the discretion of the officer to make this determination on whether that determination was actually adequate or not. So, I I could see the council president's point, but I also understand the importance of having this
ordinance. So, I feel like we're in a pickle here, huh? Well, again, and if I may, um, like I told you, most most of the the most police officers that you've met in your life, um, especially active police
officers, they have, just think of the amount of arrests that they made in their careers, there's zero chance that they were at every single one of those scenes when the incident actually took place. We actually receive things typically after it happens. you already
trust the police with doing the right thing. You gota you got to think of of what the power of a police officer. The police officer at any point in time could deprive you of your freedom. You went ahead, you know, as a society and
gave them that right, that ability. If you could trust a police officer with with taking away your freedom of movement, the idea that you can't trust them with a citation book. Um, you know what? What
are we doing? >> No, no, that's not how >> No, it's No, I'm not coming at you, sir. I'm just I'm just saying like, can I add one more thing? Um, I just want to add one more thing as I'm thinking about it. Um, in my district, um, I'm a little I'm I'm afraid in terms of how this may
affect, um, business owners within what is it? Broadway portion of Essex Street. So, I've had business owners complain to me how Okay, so let me paint this picture. I have residents, you know, Essex Towers within the where that
market um McDonald's intersection and I understand the frustration to where the residents are complaining about the loud music um with the surrounding potential nightclubs that are right across the street from McDonald's. Then the owners are saying
it's not them. you know, they have they have the machine where it's measuring the decibb, but then the officers, you know, some I'm not sure who, and I'm not trying to place blame or imply anything, but there seems to be two different
sides of the story where the owner of the of the of the of the nightclub is saying they're following the regulations based on what is ordinance uh regarding the decibb that are required. and then the officer saying it is not. So, I'm
just wondering how that's going to potentially affect um these business owners. And then a lot of the times the issues that I'm seeing is that right after uh folks are coming out of the nightclub, they're congregating at McDonald's. They're staying parked there
with their loud music. So, I could see how this ordinance could um attack those issues. I'm just wondering how this could potentially affect business owners within the nightclub scene. >> Having personally responded to plenty of um of venues um you know, nightclubs,
restaurants that that do have not only live music, but also like just like regular speakers. I'll tell you what my my suggestion has been and it has worked with probably with 99% of of the the venues that I've
been to and address the owners. Hey, close the door. That's it. That's common sense. I agree with you. But this is not a ticket in between. >> No, absolutely. If they
>> when you give out the ticket, that's when you need fat. >> No, I >> because that's when you go to court. >> So, >> you use common sense. That's 100%. So, so to make to make an arrest and I'm going to tell I'm going to go and I'm going to be uh a law enforcement geek
right now. Um, but I am going to tell you what what probable cause is. Right? >> That's the key word. >> Probable cause. >> Probable cause is trustworthy facts or inferences that will lead a reasonable person to believe that more likely than
not a crime has been or will be committed. That is what probable cause is. I am now I'm going to dumb it down as much as I can. Probable cause is 51%.
51% certainty from your point of view. >> Nope. That's the law. >> That's from your point of view. >> No, sir. >> What about the other 49%. What do you mean? >> Exactly. >> No, no, no. I I didn't get your
question. I apologize. >> No. What about the other 49%. >> So, 51% 51% makes it more likely than not. >> Yeah, but what about the other 49%. >> It's still more likely than not. I didn't make it. >> But what about the other 49%? >> I I didn't make it, sir. still make is
still >> you need to you need to as a as a police officer you need to understand that this body >> when we create the law >> we we I understand that I create the we create the law for the people that violate the law but those one that violate the law how we as a as a
community we have to have the resources to be able to prove that that person violate the law and is not just subjective it is not based on what I observed if you go to court and say I observe this person uh doing such as such you need more than that. >> You you may not know
>> and and the probable cause is the key. >> Again, I think we're mix we're kind of really convoluted. That's the job of the court system. That's not the job of the police department. Everything the police officer does is not gospel. That's why we have trials. That's why we have juries. That's why we have judges.
That's why we have clerks. >> And that's why you have city counselors that protect the people. >> But >> that's why you have city councilor that protect the people as well. protect the people from I don't understand >> from every every portion of society. We need to be fair before we create the law
because the law is the one is the the guidance that has that is going to be used at the court of law to be able to say this person did this and this person did that and violate the law. >> Again, if you feel that this again, it's your power to vote whichever your way.
If you feel this is overstepping and giving too much power to the police, that's your that's the right Only thing that I said that this ordinance should have not a it is not be subjective to an observation. It should be a meter >> and I appreciate
>> the only thing I've said. >> I appreciate that your opinion. Okay, >> council Brun. >> Thank you. And and the so I have a parliamentary point and then I have a couple of questions. The parliamentary point the clerk the the attorney was right. The council president by our
rules rule four should not be expressing his opinion. Any council president, it says here, may express his opinion on any subject under debate only by leaving the chair and in such case he shall not resume the chair while the question is pending. Council president, you talked
about your opinions on decibb on probable cause and went back and forth about what your opinion was regarding the role of the council. There was several things. I would encourage you in the future to please relinquish. We want to hear your opinions. Relinquish the chair the gavl as our rules dictate.
That's number one. Number two, the I wanted two scenarios on noise. The noise that we hear or I get calls from are like neighbor noise. I'm getting there's a loud music. There's a party. There's something going. I I don't get
the four the 2 in the afternoon birthday party calls. I get the 10:00 11:00. It's really loud. I'm trying to get to sleep. That's one. And the second is these cars are going through my neighborhood. the speakers are blaring. The motor the
mopeds and the the motorcycles are revving and we've got this issue regarding not only the music but then the the the the muffler is spitfiring in the back like purposely and it just makes and it's causing all this noise. So now with this if we pass this thing
tell me how this law is applicable and what would we see from the police department based on the two scenarios I just presented to you? vehicles and in houses, let's say. >> And so I I'll start with the with the noise coming from the from the motor vehicles. Um it's a obviously we we've
all seen it. We all understand that um we all understand that it's a very prevalent issue here in the city. It currently if you site if you site under the under the the chapter 90 um you know
chapter 90 covers um motor vehicle law. Uh if you check site on the chapter 90, it's a $35 citation. Um quite frankly, you know, it's it's um you know, I'll pay it and keep playing my music. Um if
you site under the city ordinance, it's obviously a lot more uh substantial. I tell you from my personal experience, you know, I I was more likely to site somebody with a with a with a with a noise coming from a motor vehicle. particularly the mufflers. That was kind
of like my pet peeve. Um and I used the current the current um um ordinance to my advantage. I would tell people, I'm going to give you a citation or you could put a you could bring me that vehicle with a silencer um attached to
the to the muffler. And most people would, you know, officers do exercise common sense and they exercise common sense all the time to go ahead to to simply get rid of the problem. You know, our job is really in our reality. We don't want to be the hammer. We don't want to be society's hammer. You know,
we actually want to go ahead and educate. However, society does have to have a hammer and we are the most visible arm of government and that's why these things land on us. So that's that's um that's as it pertains to the
to the vehicles. Um and it it also pertains to just about every scenario that you could that you could um um come up with. You know, an officer is going to put, you know, is going to put eyes is and on the situation and make a common sense ruling
on what happens and on on what the on what the his police action will be. Sometimes the best police action is just simply having a conversation with somebody, you know. Sometimes the best police action is, you know, a citation. Sometimes the best police action is an
arrest. You know, it's it's it's how >> right. So, so that's fine. And I also have a question regarding that. Do you keep track of these incidents where you use common sense where someone has you someone has and come by and they did the
converter on the muffler for example the silencer excuse me on the on the muffler and they worked that out. Have you or if someone else you just said hey turn that thing down you're way too loud. They go I'm so sorry. Yeah you're right. I'll turn it down. They turned it down. Are you keeping track of those individuals? Because what happens if that stop if you
stop them or somebody else stops them again and the problem persists. So I mean to look it up it would be all anecdotal but every single interaction that an officer has um it's logged onto the system and the outcome of the
interaction is also logged. So whether it be console plant got a a warning or console plant was advised or console plant was um cited you know all that it's it's typically logged >> that and and I want to move to the houses in a second but when that happens
just I'm very curious. >> Yeah. So when you log that in, so let's say Council Land is back out tonight and he's got his guns and roses on it, 90 dB. Thank you for nodding to those who know the GNR is. And I'm and I'm blasting out loud, right? Are you going
to go ahead and type in Mark Lant and they say, "Oh my god, yeah, he had de leopard on a month ago and whatever." You know, the loud music was this is his third time we've stopped him now for loud stuff. Are you Do you have that handled? Do you check that at all? >> No, I don't. I I don't have that
capability. This our system shows us the history to an address. >> The history to an address. So let's say for example, so I know you say stopped as implying a motor vehicle stop. >> Um no, I don't I don't have that capability. Okay. >> However, when I am dispatched to a to a
call at a residence or a business, they could tell me been there x amount of times and this is what we've been there for. >> That's a good segue. So let's so my last question. So because I want to keep this practical >> pragmatically what happens in a a phone call >> disorder loud music dot whatever you get
that email loud music somewhere in the in the area what happens now you got this new law what's going to happen that's different >> well an officer is going to go and nothing is going to happen that's different >> okay >> everything everything is going to be
exactly the same way with the exception >> with a fine >> the fine well a fine that that actually that you have to either a um pay b appeal to to um to the city or to a
magistrate over at the courts. >> And by the way, there's also two avenues um um of appeal. If you don't if you don't like the decision that's made at the city level when you appeal, you could also appeal it to the magistrate. So you remove the city of Lawrence, you know,
uh or any subjectivity, you know, out of, you know, out of the city's hand and a and a magistrate that works obviously for the courts has to make the decision on on whether there is veracity in a basis of knowledge, you know, to what the officer is in fact saying.
So there is somebody watching the watches. Is this is uh what you just said is is that's based on the law or that's based on what >> it's state law. >> No, it's in the ordinance. >> No, I mean because what happened when you go to court
uh they send you over to the municipality to be able to hear that ticket at the municipal level first. That's at least on the housing ticket on the uh the housing court ticket. So if this is any difference I mean what is going to be here in this
>> so this ticket? >> No. So it would be a magistrate, a clerk magistrate at the Lawrence District Court. So the this is the the appeal process for the for the noise citation. You could obviously you receive your citation. You could say yes, I did that.
I'm just going to pay it. So boom. All right. That you know, you pay the citation. The second one is you could u um you could appeal the citation to the city, right? And then a >> and who is going to do it at the city level? >> So that I don't know. H you see
>> well I mean that's that one is not on me to know sir >> I know I understand I understand >> that's your 40 officer >> it's going to be on the same as housing >> same as the housing tickets >> same as housing tickets goes to the same >> that's what I thought yeah >> so that's what you when you go to court
for the housing ticket they send you back say you need to the city need to hear that first >> and then that's on the 40 41 >> 40U >> 40U that's on the 40U and then essentially the somebody going to make the termination on that ticket. >> So, somebody
>> most likely you won't go to court. >> So, somebody completely outside of that um you know, of that interaction, that initial interaction that yielded a a citation, they will hear the matter here in the city hall and make a determination. Let's say that you don't like what that decision was at that
point in time. You could also go ahead and appeal to the courts and the courts which are completely even further removed from from the situation and they'll make a determination. The reason why I said previously that 51 is not necessarily that was from your opinion
51 is not necessarily a probable cause is because it's it's a lot more than that for to a lot of uh to a lot of people that that might work but to others that 51% maybe is above 60 and what I mean by that is that other
factor that I don't want to say it but racial ial motivation is a factor that is in fact been proven that depending on where you are here most likely not but depending on where you are the cost increase so that's why when I
when people were telling me that you know 51% not necessarily it's a lot more than that >> so it depend where you are >> like it could be 60 70 more >> I do have the benefit of working for a department for a minority majority I mean,
>> no, but I mean that that doesn't apply quite much here in Lawrence. I got >> but I mean even in Massachusetts not necessarily. >> Okay. >> Uh through your cons first. >> Thank you. >> Uh thank you for review the ordinance
and dividing. I love what I see. I understood what councelor President mentioned but it's a new ordinance when you visiting our constituent because maybe my neighbor is not bothering me but I bothering another resident. Uh
what is the way to implement the new ordinance to inform uh through the person have high music for example because right now when you visiting through our ordinance it's through observation because you go there
you inform and then you decide see they have a verbal warning or they receive a ticket or something like that. What is the different for the new ordinance when you let they know what is the next step? Because when we implement the new
ordinance uh you can inform we have a new ordinance and specify what is the point they need to take in consideration or what is the problem. So, as you guys have probably noticed with the under the leadership of um Chief Aguilar, the Lawrence Police Department
has been significantly more active in social media um in attempts to keeping the public informed. And the plan is if we do actually uh if it does in fact pass to just do a media blast through all of our the outlets that are accessible to us to to let the the
public know that it's that this ordinance is in play. Um I think that he we've been wildly successful in the use of um social media to the point that u awards have in fact been received. So we'll we would you know we would use that tool to um you know to reach out to
the masses and hopefully um hopefully gain some compliance. >> Thank you. >> Thank you council council vice president Levy. >> Thank you council president. Um well I think so that we haven't covered
so many things right now but one thing that uh we had a very bad winter last year. Okay. And I receive a lot of complaint around uh the area the pro the probe behavior principle the area around the the clinic
and and the hospital regarding the truck when they use some they use like a some kind of throw that has some beeper beep beep when they are picking this uh the snow and when they getting back and also
the other throw that baby was taking the snow was dumping see the snow on the other throw and they clip and people say, "Oh, I was not able to sleep during the whole during the whole night because this strobe don't let me to sleep."
Uh, at one point I has to call one day the police because I have a somebody calling me at 3:00 in the morning because they couldn't sleep regarding uh cleaning and picking the snow. >> I understand. So obviously that's one of
those situations that it's, you know, you know, the snow cleaning. No, no, it's a it's a greater it's a greater good situation. It's actually outlined within the ordinance. It it is the greater good. >> I would love to let you sleep, but I
would love also for you to be able to get up and go to work in the morning. Um, and if I don't clean the snow, I you know, it's not going to happen. >> Common sense. >> Common sense. But you see, but you see how how common sense can of how this
situ situation can bother people. >> No, I I I agree with you 1 million% on that. And that's why we're putting a neutral. >> You know what I mean? Is like that's a safety backup alarm that she's referring to. >> Correct. But that's why we're putting a neutral party, somebody that has no horse in the race to ultimately take a
look at the situation and make a determination. >> Excuse me. But yes, through you council. They has to clean this now because they need a parking >> for the next day for the people who come to the the hospital for the people who's been working. So
it's a a very bad situation and I understand they saying me inclusive I got a lot of picture I had a video so at 3:00 in the morning calling me look at the video I can't sleep right now because these people are cleaning the party and I was not able to sleep
>> right and it's unfortunate that people >> that is no music it's something that has to be done and that has to be >> it's a it's a it's a necessity >> it's a necessity Oh, are we going are we going to find are we >> are we going to find the clinic the
hospital for? >> No, no, no. It's it's it's detailed within the ordinance that that that is an allowed activity obviously again under the guise that and I think we could all agree for the greater good. >> Okay. Um I want to be brief. I I don't
want to speak for my colleagues, but I think it's safe to say that we all or I I believe in the ordinance itself. Um I just think that there's bits and pieces of it where it's causing uh a debate.
Um, personally for me, I again I could understand why the issue with the whole decible is like if you're going to have it in the ordinance, but it's not really, you know, upon upon implementing or the procedural
process as an officer when you're going about in in conducting business in addressing this concern. if it makes me wonder then what's the point of adding the decibb if that's not going to be used to make the measurements but then I
understand the the need to have these measurements to define what is considered loud. Um, one of my questions I want to take advantage uh given the opportunity I have um having the floor right now is um is the union involved
when creating this ordinance as that may create some sort of change to why you looking at me like that. >> There's no change. Go ahead. >> Okay. No, I was just wondering like >> why you looking at me like it's not a
union issue. I was just wondering you looking at me like I have >> I didn't know where you were going and I just was confused. I'm sorry. >> No, I was just wondering when it comes to any changes to process and procedures or adding any extra responsibilities or
changes to, you know, what an officer does. I was wondering if you the union gets involved in approving and being on board with with >> I think we have the right person for that here. >> Yeah. Yeah. Go ahead. >> Maybe answer that question. Um, adding a new a new device. Oh,
>> sorry. Adding a new device may be a problem. Oh, yes. Carol Garcia, personnel director, 200 Common Street. >> Adding a new device might be a problem. >> That's where that would require impact bargaining >> because you're adding a new device. So,
>> that may be a change in work. >> Okay. They I mean the the union has grieved uh even adding a so forefidence.com which is widely known throughout uh the United States. It's what they use in order to upload all of the evidence. Most defense attorneys
know about it. Uh it's called axon.com. You can see it probably on your Facebooks. The unions grief that okay >> because they had to place it into their cell phones. So adding a new device maybe to their, you know, their what do you call that?
>> Duty belt. >> Their duty belt may may be an issue. >> Okay. So that would require again that would require impact bargaining. >> All right. I'm just going to put it out there. Um, I'm I I'm considering a motion to table just because I'm not >> I don't want to do away with the
ordinance, but I it just seems like we could be here >> for another hour um having this discussion and I don't obviously like I don't want us to rush on something that um is truly important to the community. And I really wish I could say yes right
now. Um cuz I understand the need for it. Um and I want to give you guys all the tools necessary in order to make sure that um that the city is heading in the right direction in being able to to address um long pending concerns that we
have not been able to to do nothing um at this point. And I think um you know we're in the middle of summer so I know the importance of having this approved immediately but I also again I I felt like I feel like I need to do my due diligence and not rushing on something
that potentially I don't have the opportunity to change. Um so I I'm going to put it out there a motion to table to continue this conversation. There's >> a motion to t in front of us >> properly second clair. Please call the
role. >> Council Gonzalez is noted as absent. Council Miguel, >> yes. >> Council Mamo, >> yes. >> Council um Invante, >> yes. >> Council Del Rosario. >> Yes.
>> I'm sorry. Council Reyes, I I was looking at the online people. I apologize. Councelor Reyes. >> Yes. >> Council Del Rosario already said yes. Councelor, >> no. No. Council vice president. >> Yes. >> Council president. >> Motion carries. Yes.
>> Thank you. >> Can I can I say one one thing if you don't mind? Um and again playing into the whole common sense thing. Just imagine yourselves at your favorite restaurant and they happen to have outdoor dining and you're
sitting there and a car drives fast, right? you based on your observations, you could tell when a car is going at a speed that's greater than reasonable if you're standing there and you look at it. That's basically what what what
that's what we're arguing here. >> We can we can have the conversation of the >> of course. >> All right. Have a good night. >> I'll give you the answer on that one. >> Please. >> Thank you. >> Thank you. >> U all right. Let's move on. I think that counselors I going to open up the floor
for Ed for any other item that you believe we might take first. We have similar situations around the floor when it comes to specifics. So counselors any any suggestions if it's not and then we
go top of that u >> 189 >> top of that autumn public hearing item 1896 >> we also have >> council president >> yes >> um I will suggest item 26526 >> that's out of where
>> out of personal committee >> all right personal committee uh madame uh madame chair you want to present or you want the vice chair to present those items out of the personal committee. >> I would appreciate if the vice chair can present. >> Okay, madame vice chair, councel vice
president living. >> Thank you. >> So item >> 265 >> 265. Okay. >> Okay. So um item 265 item 265
uh 26 >> is the appointment of Valencia Tana Tani to the conservation commission uh it was sended to the food council with favor recommendation and I make it as a formal motion >> there's a motion in front of us properly
second >> just >> properly second >> uh council madame clerk >> just for For the record, the the candidate's name is Tanari Valencia. We did change it on the agenda uh for this meeting. I just want to She's here and I just want to give her that courtesy of
getting her name in the correct order. >> Come over. Uh but just, you know, we just want to welcome you to the city to the city council. Uh we're here to potentially ask you some questions and if you can introduce yourself and and tell your
your address and >> um Oh, sorry. >> Go ahead. >> My name is Dedia Valencia and my address is five Brookfield Street. Um and then I am here because I applied to be part of the conservation commission. Um, I applied to be part of it because I
really believe in its mission and I'm a dedicated member of Lawrence who has cared about Lawrence growing up here and everything and I am also very committed to protecting the environment and the wildlife and learning as much as I can about how to do that.
>> Awesome. Counelors, any questions? >> Councelor President. >> Okay. I think so that we did a lot of question to her during the personal committee. So she did great. I know that she is uh love to be with the
grandfather and so taking care of the garden and doing tomato. That's is what you like to that you like it. >> So I think so that uh thank you for uh try to get in this commission.
>> Okay. >> Thank you. I think that she's going to be a great asset for that. >> Any any questions? Just want to warn you, it's it's a very very a huge responsibility being part of that conservation committee. >> Yes. And I'm ready for that responsibility.
>> Thank you. As at such a young age, I appreciate that you decide to to serve. Any questions? >> Right. At this point, I'll call the question. Madame Clair, please call the role. Um, I'm going to start with council of plant and I apologize that he stepped
out of the room. Um, so I'm going to note council plant is absent for the vote. Uh, council del Rosario. >> Yes. >> Council Reyes, >> yes. >> Councilman Fonte, >> yes. >> Council Mamo, >> yes. >> Council Miguel, >> yes.
>> Councel Gonzalez is noted as absent. Council Vice President, >> yes. >> Council President, uh, >> yes. Motion carries. Congratulations. Thank you so much. >> All right. Uh personal committee. >> So do you Okay.
>> Um Okay. Item >> your mic. >> Item 20526 uh is a K Garcia King that was uh um recommended for the AAR commission. It was sended to the full council for
withdraw and I make as a formal motion. >> There's a motion to withdraw properly second uh discussion. I hear none. Madame Clair, please call the role. >> Council Gonzalez. >> Council Gonzalez is noted as absent. Council Miguel. >> Yes. >> Council Marmal.
>> Yes. >> Councelor Infante. >> Yes. >> Council Reyes. >> Yes. >> Council Del Rosario. >> Yes. >> Council plant. >> Yes. Council Vice President Levy. >> Yes. Council President Rodriguez.
>> Yes. Motion carries. Item 231 uh 26. Item 23126 is the Roville Blackwell that was sended to um to the commission for the L was sended as a committee report and I make
as a formal motion. >> There is a motion uh to accept the committee report. Can I can I hear a second? >> Properly second discussion on the committee report. I hear none. Madame Clair, please call the vote. >> Council plant. >> Yes.
>> Council del Rosario. >> Yes. >> Council Reyes. >> Yes. >> Councelor Infonte. >> Yes. >> Council Marmal. >> On the community report. >> Yes. >> Council Miguel. >> Yes. >> Council Gonzalez is noted as absent. Council Vice President.
>> Yes. Council President. >> Yes. Motion carries. Uh councilors, what's the motion? >> Motion to approve. >> There's a motion to approve. Can I hear a second? >> No. Second. >> Properly second. Discussion. >> Yes.
>> Councelor Le. >> Okay. So one of the things that I I can president do to you is like we were advised not to take any item regarding the L at this time while
we are um with core uh issues right now regarding the L. >> Any other questions? Council President >> Council L >> through you. I I'd like to know the source of that who gave this advice to us and does that apply to this
particular vote. >> Uh talking with the city uh attorney. >> Oh, can you come please? >> No, that was not the advice from the city attorney general. >> That was not the advice from the city attorney. The email he sent
>> the email. Yeah, that that he he that was not the advice that he was only he only sent one email and that was the opposite. But I mean uh that's okay. Any other questions? Counselor could counselor >> your mic.
>> Uh thank you. I would love to see uh your opinion on this matter because uh councelor Levy re received from you advice to not voting in favor or denying or something like that. I want to know why.
>> Did not um I was asked if there was any conflict with this board voting on appointments to the LRA while there was a lawsuit on it. I sent you all a email which said there is no conflict. You can take the vote whenever you want. That's the That's >> Thank you for clarification.
>> All right. Any other questions? I have a question. Um I'm not going to be supporting either one of these LAS and very frankly has nothing to do with the qualifications, nothing to do with that. Right now, I don't have a lot of confidence um with the redevelopment authority as it con as it relates to the
city council. I like to see some things flushed out first, figure out what's going on um before I take a vote on that. until such time until I get confidence and build that kind of trust I will not be supporting um either one of the candidates this evening for this for this nomination
>> councelor let me go through the first rounds first I mean councel m >> um I'll have to agree with my colleague on on uh on these uh on the concerns that he just brought up because it I I share the same
sentiments I I feel like um I know we're not in an executive session But I'm curious for uh myself and along I'm pretty sure my colleagues are also curious to know as to what is the update as to what has been pending in terms of
the legalities between the LRA um and city council. So until I get some sort of clarity, I don't see how appointing members to this committee um would seem
productive. Um and so that's my stance. >> Understand. Thank you so much. Any other questions? >> Council president Rosario. >> Thank you to you. I mean I'm in agreement with all my colleagues also. Uh council president. We need to be very careful with information that we share.
If it wasn't being if it wasn't shared by by the city attorney they saying it in public but city attorney advice some of us which it wasn't true. We need to be careful with that. And also if we had a if we had a secular section, we got to be careful with the information that we putting out to the public, too. That's
that's my point, but I'm in agreement with my colleagues. Thank you very much. >> We're not we're not going into secret session at all. I mean, that's not something that we we do as easy and it was not even posted. So, that's not nothing that that's been questioned about. Uh any other questions,
counselors? At this time, Madame Clair, please call the role. Let's start with councelor Gonzalez who is noted as absent. Council Miguel, >> no. >> Council Marmal, >> no. >> Councilman Fonte, >> no.
>> Council Reyes, >> yes. >> Council Del Rosario, >> no. >> Council plant, >> no. >> Council vice president, >> no. >> Council president, >> no. >> Motion fails.
>> Motion fails. Uh item 26626. >> It 26626. It was sended to the full council as a committee report or so for uh and I make as a formal motion. >> There's a motion to accept the committee report.
>> Second >> properly second. Discussion on the committee report. >> I know. Madame Clair, please call the role. >> Council plant. >> Yes. >> Council del Rosario. >> Yes. >> Council Reyes. Yes. >> Councelor Infante.
>> Yes. >> Council Marmal. >> Yes. >> Council Miguel. >> Yes. >> Council Gonzalez is noted as absent. Council Vice President Levy. >> Yes. >> Council President Rodriguez. >> Yes. Motion carries. Councilor, was the motion. >> Motion to approve.
>> There's a motion to approve item 26626. Properly second. Discussion. >> I hear no questions. Madame Cler, please call the council president. Uh, councelad, councel infant, >> thank you. Can you um remind me what um
can you read the title of of the dock, please? >> Yes. This is the appointment of Rolando Decastro to the L development authority. >> Thank you. >> Uh madame clerk, if there is no questions, please uh call call the role.
>> This is to accept the nomination. Council um Gonzalez noted as absent. Council Miguel, >> no. >> Council Mamo, >> no. >> Councelor Infante, >> no. >> Council Reyes, >> yes.
>> Council Del Rosario, >> no. >> Council plant, >> no. >> Council Vice President Levy, >> no. >> Council President Rodriguez, >> no. Motion fails. Um
item uh 26426. >> Okay. Item 264 Hold on. Item 26426 is the extension of Santiago Matia for the temporary appointment of as director of the office of the planning and
development for 90 days. So it was sended to the full council as a committee report and I make as a formal motion. >> There's a motion in front of us properly second for the committee report. >> Discussion there is none. Oh, madame cler please
call the role. >> Council plant. >> Yes. >> Council del Rosario. >> Yes. >> Council Reyes. >> Yes. >> Councelor Infante. >> Yes. >> Council Marl. >> Yes. >> Council Miguel. >> Yes. Council Gonzalez noted as absent.
Councel Levy, >> yes. >> Council, I'm excel vice president Levy. Thank you. Council President Rodriguez. >> Yes. Motion carries. U council as the motion. >> Motion to approve. >> Second. >> There is a motion to approve properly. Second. Discussion.
>> Discussion. >> Councelor Rosario. >> Thank you. Uh through you, Council President. Uh, in my years at the city council, uh, I never seen that we deny a 90-day extension. And I have a question for you counselors that have been there
longer than me. Has anybody before my term had been denied the 90-day extension, right? By by any means, any departments or anybody else has it been denied ever? I mean, the time that I've been there, nobody has been denied the 90day to all the transition. It's it's
finding somebody else to to be in that in a position. Not just this one, any position. But you guys have been there longer than me. Uh hasn't been denied before. And and if you guys know, please I would like to know for the people that
have been therefor you've been here for 22 years. >> The only one that's coming to mind, but I'm not sure how that it was with with one of the previous ISD directors. Um, that was one that was I thought close or controversial or didn't go through the 90s and just kind of went on. So, for
some reason that's sticking in my head, but I'm not remembering anything else. >> Um, any other questions? >> Thank you. >> No problem. Um, any other questions, counselors? Any questions to the candidates? >> Council president. >> Councelor Infante.
>> Thank you. This is not for the candidate. This is I don't know if that there's anyone there from the administration that can answer this, but I recently read um an interview that the candidate did with um Noisas de Valley
or in English um the Valley News. And within that interview, he stated that when the opportunity, the acting opportunity was presented to him, he did mentioned to the mayor to act on on this
position and to post a position. Um, and and that was the advice that he gave to the mayor according to this interview. I would like to know from someone within the administration why within these 90 days because 90 days is a long time. Why
did the mayor choose not to take action on this position knowing that it is a temporary position at the moment? >> Uh anybody from the administration >> just introduce yourself.
Santiago Matias 32 Adams uh Lawrence, Massachusetts. Um I be uh first thank you for the opportunity to be here. When I be uh chief of staff uh for senior Lawrence, acting chief of staff for
first time I bring here the chief of police who was acting pro do the problems we have in the city and he was here three times not only one times. He was here three time because the law say he need to be here every 90
days. Um if I do him with uh with him I ask him to the mayor that I has to be here. You got the choice to say yes to say no but I'm going to comply with the law
mostly. You know mostly I come here I can you know a lot of people take more times they spend like six month nine months one years I know people who been fight six each year
uh acting but the law says 90 day we has to be here in front of you and that's why I'm here. Any questions? Counselors President >> I still have the floor. >> Yeah, let's allow Council in Fant.
>> Thank you. I thank you for your response. Um, Mr. Matias, but uh that's not answering my question. And I and I understand we we've had other situations. I just I found it interesting that that advice came from
the candidate or the you know the acting um individual. So I I'm curious to know why didn't the the mayor take that advice and I'm seeing that we don't have anyone from the mayoral office there to
be able to answer this question. Well, you are you telling me about something that publishing in in and Facebook? >> No, it was it was an an interview that you did with the media outlet. >> Listen, uh I want to make sure you know
that that was somebody who called me and tried to ask me questions. There's a no interview that I give to the people like I sit down, you know, like try to answer things like uh questions. the the real thing is uh I being in that position for
more than 90 days now. Um and I try to do the best that I can because I live in Lawrence for 35 years. I know Lawrence like you guys, you know me. I I don't I don't be, you know, somebody who come that nobody know who is. Um I've been
here. I try to do the best that I can. Uh, I tell the mayor that is good he's posted the position. Not because I don't got the skills or I don't got the the the what the position
said uh um uh and what they asking for because I had the love for this city more than everybody you know and I know this city. Every position that I take in that city, I make my points, my
different I make my I I I make sure everybody know that I've been there. For example, you asking discussion about one ordinance about uh noises. I've been working with uh a son task
force. Noises is not the same when you got when you got noises in the park when you you got noises in the street and in and a neighbor. Uh how many how many ordinance the police have with problems? Who
knows? You know, we need to to stop doing ordinance, you know, by one by one. We need to do something to correct all ordinance uh all ordinance that we have. That's something that I've been working in 90
days. You know, I've been here because we're going to moving in the 21st bring the offices from 360 Marman to 255 SS3
is a building city. A building this building belong to the city and we don't want to pay there and we got better services for the for the community. for the citizen.
I don't know if I answer your question, counselor. >> No, no, but but thank you. I I do want to make it clear, council president, and to my colleagues and everyone present and watching at home that my question
um does not is is not related to to to you, Mr. Matias, but I was curious about about that advice and curious about the mayor's response to that. Um, and that and that was where my questioning was coming from. >> Well, I sit down with you,
>> president. >> I sit down with you, council, you remember, and I telling you that we going to be here 90 days because, you know, I can be by myself here. He has to send me here and I'm here
like the law said. you know said to you you think that I deserve to be uh until somebody take take the positions something you have any other questions >> um no I'm also thank you council
president >> thank you councel councel president levy >> thank you it's not um matia it's not like it's not regarding you but I'm going to read something in here it's like the the ordining of the
temporary appointments so that people can hear what it say is ordining 02.04081 a no person appointed by the mayor to fill a vacant city office on a temporary
base person to section 4.4 four of the city chart char in an added capacity for more than 90 days. Right now you have a more than 90 days and they haven't sent it to you before.
The 90day period may be extended by both of the city council for up to an additional 90 days with or without the request of the mayor. So that is the first sign that we
missed. B all vacant positions fired on a temporary basis person to the city shall be posted and advertised within the 90 day of the first
temporary appointment. So on the first 90 days, this position was supposed to be appointed unless such such time is extended by both of the city council with or without
the request of the mayor. C. asking a vote to extend the temporary appointment as described in paragraph A above any such temporary appointment
person to section 4.5 of the city shadow shire at midnight on the 90 day any such person temporarily appointed shall revert to the employment status
and pay raise such person her immediately prior to the temporary employment. If the appointee was not an employee prior to the temporary appointment then
that person shall revert to a nonmployment status. The city council may at its sour discretion allow the appointee to continue the positioning
a city a suitable individual is hired D on the 91st day following the temporary appointment portion to section 4.4 Four of the city
charter with no for a temporary appointment or final appointment by the mayor. The city council sh authorize the personal director to post and advertise the position receive application
certified applicant and submit to the council for selection and appointment. The five highest certified applicant. The city council shall select the employee and individual from the pool of
applicant within 30 within 30 days. So that is what the ordinance say. So right now so you
are over the 90 day. >> Yeah. Council Levy. Yeah. But I mean uh the process of going through committee and stuff like that. He's here today. >> Yes. >> And that was close enough to the 90 days. >> I mean I think it's fair
>> day went up. >> But I mean >> he's already here. >> Yeah. >> In the process of the pro the process of >> we are on the on the on the process but right now it is up to the committee. to
the council is chair as I said as I said when I started I know that that's why when the chief of police act chief of police being here
you congratulate the administration in that time because for first time somebody was here in 90 day three times in a row and I'm here you know I know everything You read there is the law
and you said something right. Is your right to say yes or no? You know somebody asked me like you has to to to call every every counelor and and and try to get the vote. I said, "No,
I going to be there looking you in your eyes and telling you, you know, like I've been there working hard for the city of Florence, >> you council president, >> you councelor Levy, you still have a
question. >> I still have it." Yes. >> No, but I mean, you still have a question. >> Uh, yes. >> Council Levy. >> Okay. Thank you. Yes. Okay. I I understand what you say, but are we going to continue doing the same thing like talking through the past and
continuing to the future doing the same the same the same thing? Are we going to continue and overpassing the ordinance or why is the reason why we have an ordinance in here and we are
not complying with that? That is my question. That is the way that I see you know that we continue doing oh because that happened 20 year 10 years ago
and we going to continue. So the same problem happened and we making some modification inclusive not too long ago to this ordinance we another case that we have it in here >> with all due respect >> we yeah
>> I know the mayor the director of department of HR is here I want she tell you how many times I would there trying to they sent me here
respecting the law. She's here and she can >> please you when >> let's answer. >> Good evening again. I can um I can >> I'm so sorry it's Wait, Carol Garcia,
personnel director. Um I can say that Mr. Matias did send me at least one or two emails that I can pull up right now asking to have his name sent down and he told me on a number of occasions, hey, please don't forget to send my name down
uh for the 90-day extension. So, I I can stand here and say that. Okay. Um through you council president Levy Levy. >> Okay. But do you remember that when we did the interview to Mr. Matia the first
thing that we ask you going to send this position to be published and you say yes. >> Yes. So actually >> are you committing the same problem? So in reality you committing the same problem because we are not doing
>> let let her answer your first question about the publishing. >> So we actually received the requisition which is the document that's required prior to posting the position. literally right before we came down here today from the mayor's office. So,
tomorrow morning the position will be posted. There you go. Okay. My confidential secretary did it without even letting me know. Even better. >> So, the position is posted. >> Okay. So, no that is great. position in
post because that is one of the first question that uh that was I think that was made by councelor uh Miguel uh regarding ci okay >> uh council >> thank you I was just going to suggest
that my colleague the vice president her questions are probably best asked not of the applicant it's not his job to do to do that someone else has got to send his name he doesn't send his own name down it's got to come from the mayor's office or the mayor's designation So, that's the right person and and thank you for
uh to the city uh personnel director for the clarification. Let me just say this about um Mr. Matias. I uh I I I admire him and I respect him and I think highly
of him. Um, I've been watching his work not only in the mayor's office, but most recently as the acting position and I'm there is a level of confidence that I have that he will do a good job for the
remaining 90 days. Um, I think that um I think that this council should approve it, should extend it. Um, we should see and we'll be looking forward to seeing what the what the applications are for a full-time a permanent, excuse me, a
permanent position. And so, I'll be curious to see what that provides to us. But for this short-term 90 days, I feel confident uh that he will steady the ship and continue to row until we get that permanent position. So, I'll be
voting in support this evening. >> Um, council. >> Uh thank you. Uh I want to say thank you to Mr. uh Matia because uh the mayor had a right to to don't to choose automatic
the 90 days and you decide to come from us. I want to say thank you for that decision and I want to make echo and my colleague you did an incredible job. Thank you. Any other any other
questions? Councilors and then click please call the role. >> Um, council Gonzalez is noted as absent. Council Miguel, >> no. >> Council Marmal, >> no. >> Council Fonte,
>> no. >> Council Reyes, >> yes. Council del Rosario. >> Yes. >> Council Lant. >> Yes. >> Council Levy. >> No.
>> Council um President. >> No. What's the count? >> Three in favor and um one, two, three, four, five, five against. It's a fail. >> Motion fails. All right. Going on top of the agenda. Let's go to order and let's go to
public hearings. Item 18926. Madame Clair, please read the notice. >> 18926. Uh, Tim. >> I'm sorry. >> Motion to pass 10. >> There's a motion to pass. Second. Uh,
Madame Clair, please call the RO quickly. Um, council plant, >> yes. >> Council Del Rosario, >> yes. >> Council Reyes, >> yes. >> Council Fonte, >> yes.
>> Um, Council Momo, >> yes. >> Council Miguel, >> yes. >> Councelor um, Gonzalez is noted as absent. Council Vice President, >> yes. >> Council President, >> yes. I'm looking for 189. >> You want to read it from here?
>> I really don't. But I guess the print is so small. I got it. I thank you for your patience. >> Uh let me just clarify something. Carl, uh your your item the 275 that's to order a public hearing. >> 27526.
Yeah. >> Yes. >> That's to order. Do you have any other >> I'm so sorry. Yes. And 270 27626. >> Okay. >> Both to order public hearing. >> They're both to order a public hearing. >> I'm sorry. >> Those are both to order a public
hearing. >> Um, no. It's in front of you. It came from >> uh proposed ordinance. >> It's a proposed ordinance. Yes. >> So, we need to we need to order >> you >> I would defer to you. I'm not sure what the order is. >> Yeah, it's two other public hearings.
So, uh I think you you good. >> We should go home. >> Okay. Okay. Uh so, we're going to >> just want to I don't want to stop you more than what you have. >> Okay. Council president. So, we're going to continue with the ordinance. >> Uh no, we're going to go to U top of the ordinance which is item
18926. >> Yeah. Um >> so document number 189-26 is the amending ordinance 01.16.150 the municipal hearing officer um be it ordained that the city of Lawrence
um that the revised ordinances of the city of Lawrence are hereby further amended by adding the following subsection F to section 1.16.150 of the municipal code municipal hearing officer Officer F. Indemnification in accordance with the city ordinances title 2 administration and personnel
section 2.04.150 04.150. The city shall indemnify the municipal hearing officer to the fullest extent permitted by Massachusetts general law chapter 258 section 9 from personal financial loss and expenses including legal fees and costs if any in the amount not to exceed $1 million rising
out of any claim action award compensate comp compromise settlement or judgment by reason of intentional tort or by reason of any act or mission which shall constitute a violation of the civil rights of the person under federal or state law if such employee or
official at the time of such intentional tor such act or om or mission was acting within the scope of his or her official duties and employment. No such employee or official shall be indemnified under the section for the violation of any such civil rights if he acted in gross negligent willful or malicious manner.
Upon the initiation of such a claim, the officer shall notify the mayor, the city council president in writing. The city attorney shall upon notice of the officer recommend the outside council be retained, and such recommendation is accepted by the mayor and the city council. The city attorney shall retain outside council subject to the approval
of the mayor and the city council. The invoices for the city attorney's fees, expenses, and costs shall be submitted for approval prior to payment of the mayor and the city council and shall be paid in due course unless the either the mayor or the city council determines that said fee, expenses, and costs are unreasonable and so notifies the office
in writing. In the event of such notification, such fees, expenses, and costs shall be submitted to the Massachusetts Bar Association for arbitration, which shall be binding. Nothing in this section shall preclude the payment of legal fees during the pendency of any claim. If however it is
determined by the city acting through the city council as the at the conclusion of the action that the action of the employee were grossly negligent, willful or malicious so as to preclude indemnification by the city, then the employee or the official shall reimburse the city for all costs and fees incurred
by the city in defense of said claim. Persons wishing to be heard shall be afforded the opportunity. Public hearing is now open. Anybody from the public that would choose to speak? Public hearing is now closed. Counselors, what's the was the motion? >> Motion to approve.
>> There's a motion to approve. >> Second. >> Properly second. >> Discussion. >> Discussion. Uh before we open for discussion, uh Chenny Hton, do you have anything to offer? >> U just quick Tim Hooton, city attorney. Uh what we had was the situation. This
is again the 40U officer we refer to tonight. This is the person that would hear appeals of all tickets. Um we had a candidate uh who was an attorney who applied for this position and was informed by his malpractice insurance that because it wasn't in his regular
business, they would not cover him. So, um this is the provision that I have in my contract. It's a provision that covers all attorneys in the city of Lawrence. Uh this person would technically not be an employee of the city of Lawrence, but it's an indemnification. So that um in their
work as the 40U officer if there's any claim the city would agree to a demal against any costs >> the 40U off the 40U >> 40U >> 40U is there someone in that position right now >> there is not >> how long has that been just out of
curiosity how long has that been vacant >> it's probably three to four months now >> seriously >> we had a candidate who had to withdraw um I do have another candidate that I'm I'm trying to convince to apply because um there's two groups of people that uh
can do this job. One is attorneys and the other is former fire chiefs. So you don't have to follow far down the rabbit hole to see who I'm thinking of um to see if they want to take that position. So >> why is it so difficult to get somebody? >> First of all, for the most part, you're
a lawyer or a fire chief. There's not that want to do this come here for a couple hours every week. Um most people aren't interested in it. they they have their full-time jobs. >> This is a part-time, you know, couple hour a week thing. It's kind of a more of a thing that a retired attorney or
somebody would do. >> Uh so, Chenn Hon, this is part of another ordinance. >> There is an ordinance for the municipal. Um yes. So, this is subsection F. There's a A, B, C, and D. Uh if if you look at 1.16150
>> because usually when we add to an ordinance we have the ordinance on top of it. >> Well paying per column inch and he's just adding to the ordinance. So to run the whole >> I got it >> but I mean on the on the as part of the >> in part of the documentation sure
>> I can do that again. The city clerk and I have talked that the the costs for running these ads are are getting out of control. So, I didn't want to add any more language that needed to go in a paper than absolutely necessary, but I could give you the Well, I can present you with the ordinance language, too. >> Yeah. Usually, what I'm saying is like
you can have it as part of the package, but not necessarily as part of the publication. >> Understood. >> Any questions, counselors? Is everybody familiar what what 40U means? Can you explain what 40U means? >> 40U is just a mass general law. So it's master general law chapter 40 subsection
U which provides for a officer to hear appeals of tickets whether they be by housing whether they be you know for trash for violations noise violations anything like that that there has to be a an appeal process and the person that appeals to them if they then disagree
with that officer's decision they can appeal to the district court but without that officer the tickets become uninforceable. They have they have to have a right of appeal >> and that was uh because of the city act on on that law back then like probably
eight years a >> Yeah, we for for the longest time we had a retired fire chief. We recently just had an attorney that did it for about two years and he just decided to give it up. So we're just trying to fill it at this point. >> Any questions counselors?
At this time, madame clerk, uh, let's allow councelor Mamo to come back. Uh, we'll call the role. Council mammo. >> Yes. >> No, no, no. Not me. Second. >> Yes.
>> Oh, no, no, no. Still not. He just wants you back here so he can vote. >> You back so you can >> um what >> council, we're going to This is on document number 189-26. the um 40U officer. I'm going to start with councelor Gonzalez, who I'm noting is
absent. Council Miguel, >> yes. >> Councelor Marmal, >> yes. >> There you go. Councelor Infante, >> yes. >> Councelor Reyes, >> yes. >> Council Del Rosario, >> yes. >> Council Lant, >> yes.
>> Council Vice President Levy, >> yes. >> Council President Rodriguez, >> yes. Motion carries. >> Thank you. >> Um councilors, I just want to give you one point of order. I just want to make sure that we're aware of it. Um, the two LRA people that were presented tonight,
you did not vote to table. You voted to turn them down. So, those people cannot be presented for another year. >> I just wanted to make sure we knew that. >> Very briefly, I'm sorry to interrupt. Um, pertaining to items, the two items that I was just called on, 27526 and
27626. I just confirmed in my notes and I confirmed with everyone on this side of the table. It was not sent up for public hearing. What it was sent up was as a committee report. >> Yeah. >> Pending pending uh Tim's legal uh legal
opinion. >> Yeah. Uh we will present the committee report and at some point >> we're going to >> the next step is to order a public hearing because it's a new ordinance and a proposed change to an ordinance. >> So I won't be heard today. >> Uh you don't have to. I mean, if you
want to stay, of course, we're going to jumping into those. >> I wish I would have known that. I could have been at home with my kids. >> No, I mean, you've been useful. I mean, on the previous item, on this item as well. Very useful. >> Thank you. Have a good night. >> All right. Um,
let's go on top of the agenda. And then we have Do we have any notes on the post here? Um you council president if we I'm not sure if I'm if I am able to propose to pull out of order. >> Tell me that what item. >> Um item 26926
the naming of a park under construction on Bay State Road. >> I'll let the madam um madam chair of ordinance. >> Yeah madam chair of ordinance please. Item 26926. Item 2692 is the the naming the naming
of the part on the construction on Bay State Road as the Billy Robertson part. Um as wased to the four council with favor recommendation and I'm making as a formal motion. There's a motion in front of us. >> Second >> properly second.
>> Discussion. >> Discussion. Councelor plan. >> I'd like to first of all, but if not, I amendment stand amendment. Hopefully get a second. So, I'd like to offer a motion to amend
this tor. >> Billy Billy Robertson. Yeah, >> Robertson. Yeah, >> Robertson >> to include as a as a person Edward Sullivan who had a park there previously
that's been for some time and doesn't have a park. So I can make a motion to to have two two names for the park. I can explain who Edward Sullivan is. I get a motion to >> so it's that this is an standalone
motion. >> Yep. and it's been properly second. >> Council President, >> give me one minute. Council Levy, let me clarify this. So, we have an uh we have a u underly motion and now we have an standalone motion which uh it's on in
order and it's been properly second discussion council. >> So, this uh so this will not take away from Mr. Robertson but actually include Mr. Edward F. Oo Sullivan. So, I've been doing some research on a lot of different things over the past several years. Not since I've been originally on the council, not since on this iteration
of the council, but ever since I was involved in the World War I project, probably in 2018 or so. And since that time, slowly, I've been learning more and more and more about the naming of different places. This one didn't, this one is Edor, and I probably found out maybe a couple years ago or so. Here is
his story. And this is why I submit uh that we uh that we that we would include his name in there. Uh according to the evening tribune, Edward F. Oo Sullivan was one of the brightest products of Lawrence and was always a popular
favorite. He was a senator, a soldier, a writer, an ortor of marked ability. This is a brief cons about him so that we have an understanding. Well, Sullivan lived a short life, but it was full of public service and accomplishment. He
was a partisan politician, a Democrat, an engineer, a military leader, and a major newspaper contributor. The park located on Water Street where the Boys and Girls Club is today was named for him and rededicated in 1918 and dedicated 1918. Oelin was educated in
Lawrence public schools and graduated at 16 as an acclaimed poet and already from Lawrence High. He graduated 1874. He was a student of Emily Weatherbe from Weatherbe School of Fame. As a teenager, he was involved in the core of engineer that helped construct the Lawrence
Waterworks. In 1876, he formed the company I6 regiment of the Massachusetts Volunteer Militia. He then left and at the age of 19 to attend college at Ottawa Canada University. He had a side job as a math teacher that helped pay
his tuition. Also, while in college, he formed the football team that won the Canadian championship, the Yales. When he returned to Lawrence, his application as the principal of the Saunders school was rejected. So, he decided to run for state representative and won. After
serving for two terms, he ran for state senate and served two terms in that chamber. In his time in the legislature, he carved a niche on labor issues. During his time as a state representative, he was employed as the acting city engineer. acting.
A key accomplishment while he was engineer was completing the spot river valley improvement. After leaving the political arena, Osullivan became the editor of the Lel Sun newspaper. He was a voice for Irish immigrants at the time. However, when his colleague who
worked on the Spigot River project became mayor, Mayor McCormack, he returned to work as an assistant city engineer. During his time, he was also a member of the militia, rising to the rank of captain before resigning in n in 1890. When the Spanishame war erupted,
Osullivan joined the ninth regiment and was in Santiago, Cuba, when the Spanish fleet was defeated. At the time, he was assigned to guard duty on the auxiliary cruiser Harvard when the riot broke out among the Spanish prisoners. It is said
that he died in 8 1904 in the same house where he was born from complications arising from malaria and fever during his time in Cuba. He was 46 years old. And the reason why I'm bringing this there is because we had a park name for him and over time, things happen. Signs
get dropped down, people forget the story, and things happen. And so now I understand there's a desire to have Mr. Robersonson. But I just think it's fitting at a place where that our predecessors decided to name a a park
after him that the success we're not going to bulldoze the Boys Club and put the park where it was, but right next to it, it makes a lot of sense that we also have it there. So that's what the amendment is for. The amendment is to have it so it maybe because he was first
there, maybe we call it the old Sullivan Robersonson Park. Uh this is an standalone motion council lan. It's not an amendment. Uh but before uh before we continue, I think that it
will be uh in order to understand the project. What is it that you guys going to build there? >> Good evening, councilors. Sue Frink from the office of planning and development and six Rockwood Lane. Um we are
currently constructing a park um at the intersection of Jordan Street and Bay State Road. It will consist of a basketball and football court. >> Next to that football, >> very appropriate during the the FIFA
World Cup. Um, next to that will be a volleyball/pickle ball court and next to that will be a learn to bike or skateboard track. There'll be um an area for walking. There'll be some seating amenities and
there will also be a shade sale. >> So, so a lot of activities there. >> Yes. complimentary to the Boys and Girls Club. >> So, this is an standalone motion to accept uh the a second name that was
previously on the same area, I believe uh to be named as uh two two names at the same park. Is there a possibility that we can find common ground and actually name a portion of the park? Perhaps a basketball court or something
around the same name that council plan just mentioned. >> Sure, that's certainly a possibility. >> So, council plan, is that something that uh you you can consider potentially a within the park >> a a section of the park to be named uh
one of the sport facilities to be named under uh the uh the person that you mentioned. So I like to see to keep the motion intact and the reason is why we already have set precedent with this. We actually have Kaden Scoffield already right down the street from here. They
were both World War I. They both were killed in World War I. So we've actually had precedent. This man had his own park and to now say we're just going to give you a little section of it. We should at least give him the park as well as with the other individual because that was what this proposal is for. So it just
seems fair to me if the family was here today. This is 100 years ago. There's nobody advocating for Edward Epo Sullivan. I don't even know if he has family in the area. Probably not. Probably doesn't know anybody. He doesn't have a voice. There's no voice for him. But if the family was here
today, I think they would say yes. Why don't we have both? Why don't we have why can't we share it? And so that's what the that's what this amendment does. Okay. Council Leang, is that park was that uh the international baseball uh park that it was located there before? So back in the day before the
boys club got there in 1961 there was an actual park >> a baseball park. >> Yeah. There was a baseball field that was there. That was the sport at the time. And so what happened when in 1961 62 or in the early 60s the boys club relocated to a different part of the
park but the park was no longer it was part of the boys then it was the boys club was the boys and girls the boys club complex. Something happened back then. I don't know what happened. I wasn't even alive back then. So, I don't know what happened back in 1960, early 60s that made that change. Um, but
that's the story behind the park and the boy club moving in from they were on Havil Street. They were right across the street from Campion right where the near where the senior center was. That was the boys and the boys club at the time. >> Councilors, we have a motion in front of us. Any questions on the motion? Councel
vice president. >> Council president. >> Uh, councel vice president and then councel infant. >> Thank you, council president. I just uh remember that uh at the discussion that we had of the ordinance committee we mentioned to to divide it or take a
little portion of the park uh to rename uh Mr. Sullivan that's the one that's u council plan say and I remember also that council de Rosario asked Mr. LA plan council LA plan just to do some
homework and get the information so that we can bring it uh in here and just mention and to have the part divided uh or to have like a little portion maybe in the front or right across or whatever uh to decide on that. So we did not put
any objection and we the ordinance we say yes and it was like a agree at the moment also to to do that. >> Yeah I I'm I'm not sure I understand what the question was. Um yeah, there was a
discussion about that or perhaps putting a a sign at the existing Boys and Girls Club. And then um Council Miguel also suggested was there another park that we could possibly >> another portion. Yes. >> Well, see there's another park being designed right now behind the Boys and Girls Club.
>> Behind the Yes, that was >> and that was offered as an option as well. Yeah, that was the part that we uh at that discussion that we had at the labor or the ordering say just to use the park behind uh the boy club
but uh I don't know right now say if it's going to be the same area that we're going to use the council llang is uh through you uh through you council president uh are we talking about the same area or still it's going to be
decided to use like the are behind the boy and club. >> So there is the footprint of the old baseball field is where the boys club is today. So there's actually a building there. So you there's that's the footprint. I'm not all that familiar with the if there's a trail behind
there. I don't know what there is behind the boys and girls club. U but I I don't I don't I'm looking at the the the recommendation that came out of the committee. I don't see anything about a small part. I was here. I don't recall. I do remember council del Rosario had an
interest. He gave me a he gave me a a a task. He wanted me to come up with some names of people that he could have was for a corner in his district which he and I need to work on together. This should not be a solo effort but um but that's what I came across from from that conversation. There was some talk about
that but there was no definitive. There was just like maybe we can do this, maybe we can do that. And so this evening I wanted to offer thank you for the second. I want to offer a motion and see if what this what the will of the council is. This guy deserves I'm not Mr. Robertson never Robertson had never
met him before. He sounds fantastic. Um we do know that a gentleman did get a park named after him who lived a life was he died at 44 an amazing service career. Um I don't see why we can't honor both men.
Somebody who did an amazing job and we just for we forgotten about him. Well, not us but over time. Councelor Mu. >> Oh, you still have the you >> President. Oh. >> Uh, sorry, Councelor Levy. You still
have the You still have a question. >> No. Uh, just say that we have Councelor Infante. Yeah. >> Councelor Infante and then councelor Mu. >> Thank you. Um, thank you, Council President. Uh, can we have councelor the plant repeat um Mr. Sullivan's involvement with the Saunders school
again, please? >> Sure. My my pleasure. uh SAR school. >> I I listened when you spoke. He you said he was denied that >> Yeah. He he wanted he want That's right. He wanted to be he wanted to work at the
and be an educator at the salt. There he is. Someone was educated uh blah blah. He was a student at the Emily Weatherbe. He was involved in the camps engineer. Hang with me. uh when he returned to Lawrence, his application, Here we go. His application as the principal of the Saunders school was rejected. So, he
decided to run for state rep. >> Got it. Thank you. And to make sure that I understand what this ordinance or this amendment is trying to do, did Mr. Sullivan already have an area or park in
near or behind the the Boys and Girls Club that we are that council plan is petitioning to to honor both men of both individuals um within this area at that area. >> The answer is yes and it's O Sullivan
not Sullivan as a >> sorry O Sullivan. Thank you. So I think it's um the reason why I asked and I wanted to make sure that I completely understood what we're doing here is I attended the Saunders school as a young
girl and um I do have very I still have some memories of that school and I find it pretty cool even though it's not a a you know positive story but I find it really cool to to learn that piece of the Sa school that now it it's an
apartment complex. Um I don't I don't see personally as as one individual counselor an issue with with passing this and honoring both individuals. I think um what I just learned sounds pretty cool and I will be supporting
this amendment. >> Send an amendment. It's a standalone motion. >> I'm sorry. The the standalone motion. Thank you. as a standalone motion and if it goes through and then that's going to be the first name that is going to go on
the park and then the other one if approved and then both are going to go into the park if that get denied and then yours is going to go. >> That's not how it >> Yeah, that's what it is. I mean you you have an standalone motion to name >> it's it's an amendment >> that park as the person that you
mentioned. I'm I'm I'm not familiar with that parliamentary procedure. >> If it is an a standalone motion, let's say that you want to that you want to do something completely different and said perhaps you want uh that part to be
green and then stand a standalone motion. It is what it is. >> But I mean I I want this I want this I want the council to have a vote on this particular motion. If the council, if the council says I like it, then it's
going to be part of the motion. The motion will be Rob whatever O Sullivan Robersonson Park. If the council says no on the motion, clear then it's just going to be Robersonson. It's not >> what is the wording of the motion? The standalone motion that council plan made
>> he my notes read that he made a motion to amend this proposal to include Edward F. Oo Sullivan. So um >> the motion is to amend the the underlying motion. >> Yeah. To amend. So it's just one motion to amend the other motion. Yeah.
>> Yeah. >> It was not offered as a friendly friendly amendment. >> Right. Correct. >> It was just a standalone motion. >> Exactly. >> All right. If the uh if the if the motion goes through the the motion will be the the
underlying motion which is the original motion will be to have both of the names included on the part. >> Right. >> So if the motion if this motion fails and then only >> right >> the original motion which is a motion to approve uh that u Billy Robertson Park
will go through. council mama. >> Um I I've been involved when it comes to the meetings that they've had. Um and this is a massive project. There's going to be a trail uh God willing because I know we're in the beginning phases of
this um where we're getting public opinion as to what they would like to see. Um so I feel like we have the ability to honor both of these men. Um, I'm a big believer of respecting and honoring um those that have already, you
know, if this if Mr. O'Sullivan has already been uh previously named and honored, I don't see why we can't make this happen. Again, I don't know uh with the possibility of the trail where we can name the trail after someone and the
part, you know what I mean? I there's space to be able to honor both of these men and uh I'll be in favor of it. In terms of how we do it, I feel like that's kind of where the ambiguity of it all um I don't know who to leave that up
to. if it's up to the council to make the decision as to the specifics of what exactly to name and to whom to name it for if I'm making any sense. >> If I could just clarify something. So,
right now there is this park that we're under construction that I explained to you. There is another potential park in the very beginning design stages which council marah has attended several public meetings at the boys and girls
club which is a separate park which will be from behind the boys and girls club all the way up to the water treatment plant. So it'll be a waterfront park. So I just want to make sure that we're clear that they are two different parks. >> Okay. So um
>> well the question is not around the two different parks. No, but I just want to make sure that we understood that there is two different parks >> that we're talking about >> that it's been designed, but the motion is only for the park that you >> under construction. >> Correct.
>> By the way, uh do you mind reading the Billy Robertson's uh legacy? Why? >> It would be my pleasure. Billy Robertson has dedicated 54 years of his life to Lawrence Boys and Girls Club where he currently serves as
associate director. Over more than five decades, he has worn many hats, but perhaps none more important than that of mentor. Generation after generation of Lawrence children have grown up with Billy in their corner. He is the visionary behind most of the club's
cornerstone programs, including the academic basketball program. This innovative program integrated homework time into athletic practices, created connections with teachers in schools, and introduced participants to leaders and alumni who helped ensure academic
success. Alongside Steve Kelly, Billy has been one of the driving forces behind the club's mission. And what sets him apart is the depth of his passion. For Billy, this has never been just a job. It has been a calling, a decadesl long
commitment to helping kids find their way into transforming young lives one at a time. >> Right counselors, um, any other questions in regard to uh the amendment of the motion stand motion reling the
motion, the underline motion >> through your council, please. >> Councelor uh Miguel. >> Yes. Um I do uh recall that we had uh that meeting uh about the the naming of
the park and as uh Sue mentioned I did recommend to go for know if there was any other park that is being built. Uh and the reason why is because we had a I mean this is this project went through
different meetings uh and to pick uh the name of this park and we had an uh supporters for this uh proposal and um based on the observation from our colleague uh councelor La Plan we do
recognize that you know that person needs to be also recognized one way or the other But since the park previously in that place was a baseball field, we can name in in the same park uh section
whether it a basketball court or any other um you know sport um area tower that uh Mr. O Sullivan that I mean I don't just I just see that you know coming to name the park now with two
names without going through the committee and discuss and and and we already went through all this um I mean procedures and I just want to make sure that we also respect you know
that procedure and all the people that came and advocate for u Mr. Oh, >> thank you for bringing this up. That was what I was asking uh councelor La Plan to see if he can consider >> uh a a portion of the park to be named after
>> uh uh the name in question but he preferred not to stand alone motion and then we have in front of us something else than what we what we thinking. So at this point, madame clerk, if it is no other questions, let's call the role
for the amendment of the original motion uh that we just discussed. >> Council plant, >> yes. >> Council del Rosario. >> No.
>> Council Reyes. >> Yes. >> Council Infante, >> yes. Council ammo. >> Yes. >> Council Miguel, >> no. >> Council Gonzalez is noted as absent.
Council Vice President, >> yes. >> Council President, >> no. What's the count? >> Um, I got um Yeah, I'm sorry. 53 still passes.
>> Yeah. Five. Yes. Three. No. Yeah, I have council plant, council Reyes, council fonte, and council mono all voting yes as well as the vice president. So that gets us to five. That's five passes. One, two, three, four, five. >> Okay, motion carries. So um
now let's discuss the underlying motion which is to approve the the naming of the park on the construction for the Bay State Road uh as the uh Biddy Robertson's Park N. Um, can you specify the name? >> Edward Fo Sullivan.
>> Edward 80 Sullivan. >> And I can I can give the details to Sue afterwards. >> So the motion is to u to uh name that park on the doses specific to names.
>> Any questions? Counselors, >> do you want to take a vote on that? Mhm. >> The combined names. No, >> it's an amendment to the on the line motion. >> We need another vote for the full final final passage. >> And now we are the the motion was amended
to add the second name. >> So now we have a motion to name the park uh for two persons, two people. >> Am I correct? >> Yeah. >> So we should vote on that. >> Yes.
>> Yeah. >> Yeah. We should we should if it is any questions on that I entertain it if it is no questions and then we'll call the questions any questions >> question councelor mama >> okay are we defining right now as to >> no it's how exactly it's going to be
whether it's you >> is the whole park no I understand what I'm saying is one of the one of the options was using both their last names the O Sullivan and Robertson Park so are we using this moment right now to make a
decision as to how we're going to name this park. >> No, >> you just did like it's going to be the O Sullivan >> Robert. >> It'll be their both full names. >> It will be both of last name or both of full name because I mean if it is
>> that's exactly what I'm talking >> if it is both of both of last name it going to look like a name that nobody knows. one name that nobody knows. If it is both of full name and then it will make more sense. >> Yes. >> So it'll be Billy Robertson and Edward
F. Oo Sullivan Park. >> Yeah, I would do it alphabetically or in the order of presidents, but I would Yes. The full names Edward F. Oo Sullivan and the Rob um Billy Robertson Park. >> Uh Susan, do you have any questions? >> Nope.
>> That's clear. Any comments? >> No, I'm I'm I'm fine with this choice and I think alphabetical is the correct way to do it. >> Um question, >> council mama. >> Uh Miss F, do you think that there's
going to be any oppositions from the members that were part of the process of naming this park? >> I don't believe so. >> Okay. So almost >> uh madame cler if it is no other questions I'll call the I'll call the
role. Madame clair please call the role. >> Um councelor um Gonzalez who is not with us that is absent. Councel Miguel. >> Yes. >> Council Mama. >> Yes. >> Council Infonte.
>> Yes. >> Council Reyes. >> Yes. Council del Rosario. >> No. >> Council plant. >> Yes. >> Council Levy. Council Vice President Levy. >> Yes. >> Council president.
>> Present. What's the count? >> Um one, two, three, four, five. Six yeses, one absent, one no, and one present. So, six it passes. >> Motion carries.
>> Thank you, counselors. All right. Uh, madame madame chair from the ordinance committee. Let's go on top of the agenda. >> Other people here. >> Yes. Um, item 27126 is the naming of the calling habro and
anious street uh in the name Anthony droia square was sended to the full council with favor recommendation and I am making as a formal motion. >> There's a motion in front of us properly. Second discussion.
We have Mr. Defroia in here, please. >> Good evening, council. >> Mr. Chair, >> I'm Mark Defusia. My dad's Anthony Defrusia. >> The address of the building on the
corner is 260 Havil Street and Amesbury Street. My home address is 337 Kendall Road, Tukbury, Mass. >> Any questions? Councelors. Council President Council Le um Mr. Dea, can you tell a little bit
about your father, please? >> Sure. >> How much time we got, >> Mark? Sure. Um I I wrote a biography. I'll just give you a couple quick notes. Uh much like a lot of the councils in this room, he's
um a son of a blended immigrant family who didn't speak English at home. St. St. Mary's Grammar School, Central Catholic High School on scholarship, Emerson College, New England School of Law. He um started out representing his immigrant community, became an attorney.
He ran for state rep in I forget the district now, but it's going to recover. He's a state rep for a couple years in Lawrence and he um his focus was mental health and housing. He helped close, if anybody remembers, Mark, I'm sure does, the Bessie Burke Hospital. He helped
close that one down. is where come Honda is now and no one met me no more institutions he was very against it he's for affordable housing as a lot of the folks know who live or work in the area where parks apartments is it's been affordable for 50 years so we keep the
rents below market we pay the heat most residents pay 30% of their income for rent and we've decided to keep it that way there's been plenty of big investors coming in looking to sorry
looking to uh you know go mark a rant that we've always refused. He's fortunately still alive. He's 86 years old. He's been at that corner for 55 years. And um the city came to us about a year ago to sign off to take
some of the parking lot to do the street two-way. He Okay, what do we got to do to help the city? Pay our taxes on time, pay our water bills on time. um you know employed hundreds and and then with the uh different vendors employed thousands
over the years gave housing to thousands of people in the city who've gone to buy houses who've gone to retire and I think it'd be a great gesture that he has his we have a sign there already with his name on it but if we could just actually the city would acknowledge him I'd really appreciate it >> thank you
>> thank you councelors any questions >> question or comments councel >> blank Um, is your is your dad um aware of this and is he approving of this? >> No. And no, >> he doesn't approve of it. >> He's not aware of it. >> He's not aware.
>> He doesn't approve of it. >> Well, he probably he might. >> He doesn't he doesn't really like any recognition, but my sisters and I are really trying to get him a little something. >> So, I get that. So, um, one of the things that you didn't mention that I know a little bit about him is what back
maybe 10 or 12 years ago with the recall petition from Mayor Antigua, your father was very involved in that and I think was a was a was not the he was a part of that particular thing. I remember having meetings at the office and he was so good and cordial and I think that's part
of his legacy as well. Sure. >> Um, but I will I I will not be supporting that this evening. Having said that, that would be tonight. If this vote came and if I was still here, years from now, um I would I would look
back on this vote very significantly and and look at it with great greater um with great uh consideration because um Tony Defu is a good guy. Did a lot of good stuff. the corporate citizenship. I
mean that was Parks Park View Park >> Parkside >> Parkside Apartments which is what the Defia has own. Uh that company that business uh has been very good to its tenants. It's been very good to people that that uh that they have. So uh we we
what we don't do enough in this city is support the very good business owners. We I I mentioned at the full council I'll stop very soon. uh Aaron Furstein would be an example of somebody who was a a corporate steward who did some amazing things in in a time of crisis.
So uh he's no longer with us and I think we should seriously think about doing something uh for him. Uh there's plenty of others as well. There's no shortage of fantastic people that we should be honoring. U but I'm going to stay true. I'm not going to beat the horse. Everybody knows my position on folks who
are still alive and I don't need to repeat it. This is going to pass tonight. Don't worry. This is going to be a 7 to1 vote with one abstension. Not one absent, but one person absent. So, it's going to pass. So, we have yet to not pass anything before this council. I've been here for a long time, and I've
never seen it happen. We've always voted yes. So, I doubt tonight's going to be the night where we're going to say no to somebody. So, congratulations already. Um, but that's the reason why I'm voting the way I am. But, not to take anything away from your family and the corporate citizenship, the corporate citizen that
he's been. >> Mr. Have you ever said yes to any civilian uh naming? >> What have I said yes to any significant name? >> Civilian >> civilians. Yes, I have. As a matter of fact, >> I don't think so. >> I I do believe that um the mulligan,
Louise Mulligan, was a civilian and she get my vote. >> President and thankfully you supported that measure. Thank you very much, council president. >> I don't know about that one. >> You council president? Uh, councelor Rosario, >> I also have a a question for Mark Lant.
Councelor Llant, have you ever said yes to an alive person? >> Yes. Have you ever vote in favor of a live person? >> Have I ever voted in favor of a as opposed to a dead person? >> Yes, I have voted in favor of a live person. Um, I will say that uh to name
>> Huh. >> To name an area. >> Yes. Why is this Why are people grilling? I mean, you're going to vote the way you're going to vote now. just just trying to embarrass this counselor with these kinds of questions. The answer is yes, I have voted. Most
recently, Julio Solivario was somebody who I voted for, a colleague of mine. So, yes, I have done it. Have I been consistent? >> Yes. >> No, I have not been consistent. Have I fil when I look back on my city council career, when I take a step back someday,
I'm going to say, why? I'll be asking myself the questions you're asking now. Why are you so incon why are you being inconsistent? And I can tell you that being a counselor sometimes manages to take some tough votes. Votes that after you take you're uncomfortable with.
There are some votes this may be in the position where as I look back on it I'm uncomfortable with that and some other votes that I've taken. Listen, when you've been on the council for 21 years, you're bound to take some votes where you're saying, "My god, you know, I wish if could I have done it again?" And I'm
not saying I would have done it again there, but I'm just speaking in general. We've all been there. We've all done it. I don't care if you are a rookie city counselor, you've been here for 6 months or you've been here for 16 years or 10 years or 12 years or whatever. We all have gone through it. So anyway, I'm sounding a little defensive. I don't
mean to, >> but this is Huh. >> Well, you are. >> But I sure feel that way. I do because I consistency I think is important. And I think that sometimes I measure and I'm a little harsh on myself to be honest. So that's that. Hope that helps with
council, my colleague from district C. And by the way, if you're still listening, yes, I'm willing to work with you on trying to find some names for individuals in your district, but you need to come with me. We'll we'll go through some paperwork together. >> Council, President, yeah, I can say and I will
work with you if it's alive, the person is going to be there and we can say hi and hug them. I mean, I believe that we shouldn't wait for people to die to recognize them. I mean, you have a gentleman there trying to recognize his father that you know for so many years and have done so many good things and you embrace this gentleman that you're
going to vote no. So, that's what it is. That's what it gets to me. And it will be great once we put up his sign to say hi to him, to hug him. Uh some things that we don't get the opportunity to do for most of the recognition that we do in our city. People should be recognized
alive. I've been saying it. People should be recognized alive and they should know that we recognize them. We won't forget the one that died for us, we will never forget. But if we have somebody alive that has been brought to us, we should recognize them a lot. I mean,
we also needs to create history. We need to respect history, but we need to create new history. I want to pass by this gentleman uh in signs there and it says, you know, I met that gentleman and tell my kids a story about his
father, you know, like I met him. I bring my kids to memorials and my and I can't tell my kids that I miss those people. I mean, it's a great history. We read about it. We learn about it, but it's greater to see tell the kids, you know, it I met Julia Svario, you know, I
talked to Julia Sario. It's it's great. Um, and and and I think also we need to start creating our own history, too. We should respect the history that's already there, but she also need to create new history for our kids. Um, and I'm voted in favor and yes, I I mean I I
admire the work you do, Con Lant. And I do admire and that's why I said last week on that park that why haven't you put up a sign on that gentleman? O Sullivan. I mean, you should have put up a sign that it should have be a sign long time ago and you didn't do it. But
on this part, that's gone. We already voted on it. And on this one, I voted in support. But keep it in mind if you're going to be with us for a few more years. Let's try to also change the narrative. I mean, being being the way you are is great. You know, we know the
way you're going to go. We know the way you're going to vote. And that's great when it comes to this type of recognitions, but we also need to recognize people that are alive sometimes. Thank you, Council President. >> Thank you, Councelor Rosario. Any other questions? Counselors. >> Council President.
>> Councelor Infante. >> Thank you, Council President. I just I want I want to say for someone that two weeks ago recently was mourning the fifth year anniversary
of her father's unexpected death. I think this is such a beautiful thing what you and your sisters are trying to do know especially knowing that your dad is so humble enough to not want something like this. um that he does the work that he has done throughout his
years out of out of his heart and you know his values and his morals. And I also want to commend you and your family for the way that you that you treat your tenants. Um that's actually something that I could proudly say that it appears
that your father and my father had something in common. um the properties and the tenants that we have, my father treated um the tenants with dignity and it's something that till this day we carry um as an honor to him. So I
completely understand that and I and I want to say thank you because it it is possible to do and and I try to say this when we have um not so generous um developers or property owners etc. And
um I I want I want to definitely emphasize that and thank you and your family again for for doing what you guys do. >> Uh thank you council. I will let you know one thing that is a rule in our office. We don't call people tenants. We call them residents. Not allowed to use
the word tenant in the office. >> Residents. >> Residents. Maintenance staff can't say tenant. No one says tenant. Residents. >> Make a huge difference. >> Thank you. >> Counselors. Any other questions?
Uh, at this point, Madame Clair, please call the role. >> Council council plant. >> No. >> Council del Rosario. >> Yes. >> Council Reyes. >> Yes. >> Council Infante. >> Yes. >> Council Mamo.
>> Yes. >> Council Miguel. >> Yes. >> Council Gonzalez is noted as absent. Council Levy. Council vice president. I don't know. Should I? Council Vice President Levy. >> Yes. Council President. >> Yes. What's the count? >> Um, seven in favor, one no, and one
absent. >> Motion carries. Congrats. >> Thank you. Thank you, council. Good night. >> Good night. >> Uh, mad madame chair from the ordinance committee. >> Okay. >> Yeah, that's the one. >> You got 188.
>> Okay. Uh item 272 is uh 26 is the ground war lens. >> Oh, she's here. >> She's over here. >> Yes. >> So the guy from 188722 is the ground wall is the 5k Manchester
Street Parker River Greenway and Nunio de Mara Park. This is going to be on Sunday, August 9 from 7:00 a.m. to 100 p.m. was sended to the full council with favor recommendation and I make as a formal
motion. >> Okay, good. >> Um, can I get a second? >> It's been properly second uh discussion on the matter. >> At this time, Madame Cler, I call the
role. Um, Council Gonzalez is noted as absent. Council Miguel, >> yes. >> Council Mama, >> yes. >> Councelor Infante, >> Council Fonte, >> just going back to her second. >> Uh, Council Reyes,
>> yes. >> Council Del Rosario, >> yes. >> Council La Plant, >> yes. >> Council Vice President Levy, >> yes. >> Council President Rodriguez, >> yes. Motion carries. Congratulations. >> Thank you very much. Good evening.
>> Good evening. >> Say that again. >> 188. >> Sorry. >> 188. >> Motion to pass 11. >> Second. >> A motion to pass 11. Properly second.
Madame Cler, please call the role. Um, council Gonzalez is noted as absent. Council Miguel, >> yes. >> Council Mama, >> yes. >> Council Infante, >> yes. >> Council Reyes, >> yes.
>> Council Del Rosario, >> yes. >> Council Lant, >> yes. >> Council Vice President Levy, >> yes. >> Council President Rodriguez, >> yes. Motion carries. >> Madame Chair from the ordinance committee.
So this is the iron 275 >> 188 right >> 188 >> 188 26 >> okay so I got in here one secondation >> I CAN BE YEAH, FOUR FOUR OR A COUPLE OF members
have already heard the presentation. >> 188. >> Oh, okay. I see. >> Um, >> so I'm Connor Glashian. I'm an assistant vice president of green finance and program coordinator, and I'm here to advocate. Oh my gosh, the clicker. I forgot the clicker. >> The what?
>> The clicker. Did you read it into the record? No, no. >> Oh, sorry. Yeah, >> I got it. >> After all that, I forgot it. Sorry. Um, and I spoke before the ordinance. >> I have it. I'm sorry. >> Yeah, >> just give me one second. >> Just give us one second, please.
>> Okay. >> Okay. Item 18826 is the request to vote to opt in uh to the property assess a clean energy base program and was sended to the full council with favor
recommendation and I make as a formal motion. >> Okay, >> there's a motion in front of us properly second discussion. >> Are you staying? Are you are you um are you coming back to discussion or you you going to >> No vote?
>> Okay. Not not right now. >> No, just for discussion. >> Just for discussion. Um counselors, any discussion? >> Can you explain to us uh what's the program about? >> So, it's a financing program that Mass Development, the state's development
finance agency and land bank administers. It's one of the number of finance programs we do. Um, you may know mass development from the TDI district in Lawrence and all the other programs we administer such as Browns Fields and such. Property, uh, PACE stands for property
says clean energy and it's a form of financing that's specifically allowable for commercial property owners to finance energy efficiency improvements or qualifying new construction projects. And the financing is repaid via a special betterment assessment which is on their property tax bill which is why
we need the city of Lawrence Dopton's program because essentially the city acts as the billing and collection mechanism for the financing although there is no financial liability and there's no public funds used in this program. I should note the benefits of the program. So for the city of of
Lawrence it can help with job creation bringing in construction jobs or attracting or retaining existing business. the environmental benefits associated for these uh commercial properties in reducing their energy consumption and reducing their energy costs for the property owners themselves. PACE financing is
advantageous because it's long-term financing. It's a 20-year repayment period on that financing. It's non-reourse. It doesn't show up as new debt on their balance sheet because the financing is actually attached to the property. It runs with the land. So, if the property is actually sold, those
assessments run to the new owners. There's a national market for PACE. Um, there's right now there's 36 states plus Washington DC that have this program. I'll go through this quickly because I know we've been here for a while. New England, it's basically every state in New England has this program except for
the state of Vermont. Our program in Massachusetts, it originally launched uh in 2020 and then it was amended in May of 2023. New construction projects became eligible for PACE financing mass development. as I said, is the program administrator.
And we also work with the Massachusetts Department of Energy Resources, the DOER. They're the ones that have to approve all the applications we receive. They issue the technical approval to make sure they're adhering to the energy standards and they also write our technical
guidelines. Um, we have a whole web page dedicated to PACE on massevelopment.com if you want to check it out. The eligible property types. So, again, it's only for commercial property uh owners. It's not a residential program at all. So, commercial industrial properties, office buildings, malls,
hotels, nonforprofits can actually qualify as well. And then multif family housing counts as a commercial property if it's 5 units or more. So, those are the eligible property types. It also can be used for adaptive reuse projects. I should note um it's a one of the
projects actually that came or a developer that came forward to us that's interested in using this program is a vacant mill building in the city of Lawrence where they have expressed interest in using PACE financing for the eligible measures uh on this slide it's not all of them these are just kind
of I'd say the most popular so on the energy efficiency side um commercial property owners looking to do you know improvements to their HVAC system putting in heat pumps replacing boilers or furnaces building envelope upgrades, building controls, and man new energy management systems, new lighting,
ancillary measures um such as replacing a roof all can be um financed through PACE. On the renewable energy system side, solar panels and uh roof systems, parking canopies, geothermal, uh the technical guidelines list everything that's eligible for PACE financing, the
flow of funds. So, you get the financing up front if they're approved by Mass Development and DOE for the financing. They get the financing upfront from a private capital provider. So again, it's no public funds are used in this program. They extend the financing and then they get repaid via that betterment assessment. So however often the city of
Lawrence bills their property taxes, that betterment assessment for the paceelene would show up on that same way as a water or a sewer betterment assessment shows up on a property tax. So it follows the existing tax schedule. So that reduces the burden on staff. There's no ad hoc billing required. It
follows that schedule. um the city receives the payment from the property owner and then they have to disperse that payment back to our paying agent and the paying agent sends it back to the capital provider or bank that provided the financing. We did do a recent update on our program
that actually just launched last month on June 1st. We expanded um eligibility. Basically, the financing levels are now aligned with the project's uh local building code for new construction projects. more project costs can now qualify for PACE financing. And we've streamlined and improved our application
process uh to kind of just reduce the burden on property owners and businesses. Those energy codes, like I said, there's three energy codes in Massachusetts. The base code, the stretch code, and the specialized code. The city of Lawrence is a stretch code. So for any new construction project that is permitted
in the city of Lawrence under the stretch code, they automatically qualify for the new construction financing stretch code pathway which we follow a calculation that's called the total eligible construction costs. So they can qualify for 25% of the total eligible
construction costs or the TECC is the abbreviation plus the financing costs are fully allowable. So if you think of it, let's say there's a $10 million project going for City of Lawrence. it's been permitted by the city to be built. If they apply for PACE financing and they get approved, they can get 2.5
million in PACE financing towards that total 10 million cost. So for new construction, it's designed to pair with other forms of financing with tax credits with grants. So for new construction project, it's it's part of
a bigger pie essentially for retrofit projects. So for if it's an existing commercial building or business and they want to do, you know, improvements to the existing building, they can use PACE to pay for 100% of that project. So there's kind of two pathways, the retrofits and the new construction.
This diagram on uh page 12 just goes over the new codebased eligibility and what um you are eligible for based off the code you're approved in. Since you're a stretch code in the city of Lawrence, the developers or the builders have the option to flex up, we call it,
if they want to build to that specialized code standard, they can access the higher standard or the higher threshold at 35% of the total eligible construction costs. So, we're still incentivizing the more efficient construction methods, but still giving the option to the local
building codes, whether it's the specialized stretch or base code for those communities. Just a few examples and again I'll run through these pretty quickly just so you can get some examples of how other projects across the state have used this. Um the first examples on page 13.
This was an older blighted historic 12,000 foot property in Greenfield, Massachusetts. PACE was part of a larger capital stack here. It was actually applied retroactively as well. The owner installed a solar PV system on their roof. They did efficient electrification of space heating, energy recovery
ventilation, LED lighting controls, and improvements to the windows and insulation. They demonstrated they had a lifetime energy savings of over 189,000 kilowatts. They have to prove that in the application, and DO has to sign off on that. So, they can demonstrate that the estimated cost savings from these
projects can pay for the actual project costs. That's called the SIR requirement, the savings to investment ratio. It's required for any retrofit project to be able to pass that calculation. The financing on this project was $450,000 being repaid over 20 years.
Another example, this time in the city of Boston, a larger property, 121,000 foot mixeduse warehouse building that has 13 commercial tenants. Similar energy improvements from the previous example. They also did a new roof. They had over 1.5 million kilowatts in energy
savings, a higher financing amount. Another Boston project over 1.1 million in financing. Again, similar energy improvements from the other properties. They also did uh air ceiling and window and door weatherization on this property. Um Massport actually owns the
land here, so they also had to work with us on that deal and consent to it um because the again PACE runs with the land. And then our most recent project was down in New Bedford, a seafood processing and distribution facility. It was a straightup roof replacement and
solar system on the roof. The key elements of the program, obviously the city needs to opt in. Um, if you opt in, you'll be the 88th community because this the town of Adams opted in earlier today. They were the 87th. So, we've had a lot of new opt-ins. The max financing term allowed
is 20 years. It's also a fixed interest rate for those 20 years. As I said earlier, the energy cost savings must exceed the cost of improvements. If the property is sold, the remaining PACE assessment and PACEL lean stays with the property and transfers the new owner. There is the option to do a
prepayment. Let's say the new owner does not want to take this over. The capital provider does usually allow for the one-time prepayment in a full sum without any penalties on that. So, that's there is the option to do that. The retroactive consideration for
installed improvements, you have 36 months to apply for PACE financing after the project is completed. And again, it's all thirdparty capital providers in our program. And we have a a registry that we maintain where capital providers can apply to be on our registry. And we
currently have 16 organizations that we have registered. The application has to be approved by us and DOE. We have to get the mortgage holder on the property. If there is a mortgage holder, they have to provide their written consent in order for the deal to move forward.
And then the betterment assessment and the pace lean is placed at closing. Mass Development's Council handles all the closing documents and handles the recording at the registry of deeds. Then the lean would be assigned to the city, then to Mass Development, and then to the capital provider. The capital
provider holds the enforce uh holds enforcement rights to pursue remedies in a default. If there is a default, PACE financing cannot be accelerated. That's what that non-acelerating debt means. So if there is any unpaid, you know, if they don't pay, if they miss a payment or multiple payments, it's only the
unpaid build assessments that can be pursued in a default. It's not the entire financing amount. And then if they're not paying their PACE lean, that might mean also they're not paying their property taxes. And if that does happen, the city of Lawrence, the municipal property uh tax leans take precedence
over all the other leans. So, the city would get their money back first, then the PACEL lean, and then the PACEL lean is senior to the private mortgage lean, which is why the mortgage holder has to provide their written consent. And then we're wrapping up here, I swear. Um, like I said, this is already
out of date because we had Town of Adams optin already. So, we have 87 communities that have adopted this program that represent now, I think, well over um almost 60% of the commercial real estate um available in the state of Massachusetts. And then there's just a map of all those
communities highlighted in green. And then basically everything I've been talking about really fast tonight is put into this slide and into this image. It's the structure of any PACE transaction. All the different entities that are involved in the transaction from the capital provider, the mortgage
holder, the property owner, the town or city, and then mass development in the middle. And that's PACE basically. Essentially, this is our team. It's three members of our team on the green finance team. I represent the north region, the central region, the west region, but we all work
pretty closely together since we're such a small team. Happy to take any questions or any comments. >> Council, any questions? >> You you kind of like mention something very quick that you say the deed is
going to be assigned to the city >> and then to um the capital provider. So the capital provider holds on to the um like the lean in the event of a default. >> So the the is the city responsible for it? >> No, there's no financial liability to
the city at all. So if there we haven't had a default on a project yet and but if it does happen um the capital provider holds all the enforcement rights and they would pursue the remedies. It would almost be like a if they choose to go to the foreclosure process, it would follow the same
process as a foreclosure. Council >> any questions? But the city would never be expected to pay that like pace amount. That's not how that the city is not liable for any of those mispayments. >> Okay. >> So essentially this is another way of
financing. >> Exactly. It's another form of financing um specifically for energy efficiency upgrades or for the qualifying new construction projects. >> Any minimum? >> Um it depends on the capital provider. So they all have their own minimums. Um
it's kind of like, you know, goes at the whim of the markets. Um the lowest minimum I think we have is the in the low hundreds of thousands. We're working on getting another local community bank that will do deals below 100,000. And then we're the state's development
finance agency and land bank. So we're also we're asking the legislature for more funds for mass development to provide funding for we call small dollar pace transactions. So fingers crossed that they passed that legislation before the end of the session.
>> The little guys. >> What was that? Sorry. >> The little guys. >> Exactly. Yeah. Because we maintain a pipeline of every any person or company or um property owner that comes to us interested in PACE financing. We put that into our project tracker. and there is a need for projects below the
$100,000 mark that are maybe they're just looking to do a new HVAC system and that costs $25,000. Those big capital providers aren't going to do those deals because it's the same amount of work for them for less return. So, we're trying to address that need
through mass development or some local some local community banks or other capital providers. >> Angel, any questions? I say I hear none. So, Madame Clair, please call the RO. >> Council, >> yes.
>> Council Del Rosario, >> no. >> Council Reyes, >> yes. >> Council Infante, >> yes. >> Council Mama, >> yes. >> Council Miguel, >> yes. >> Council Gonzalez is noted as absent.
>> Council Vice President Levy, >> yes. Council President Rodriguez. >> Yes. Motion carries. Madame chair from the ordinance committee. >> Item 27526 is the proposed ordering may change for
ordinance 02.48 to office of human resource and labor reduction was sended to the full council with favor recommendation. Uh that was pending. uh some comments from the city
attorney but uh it's already in the package and I make as a formal motion >> there's a motion in front of us can hear a second >> properly second discussion >> in order yes >> is this a committee report a public
>> uh that was a send not as a committee report that was sent with favor recommendation >> so the favor recommendation to order a public hearing >> to ordering a public hearing >> so this is to order a public hearing Uh there's been probably second discussion cl
>> I just didn't catch you who seconded that. I apologize. >> Uh can you who was the one seconding? >> Second council >> um all mank. >> Councel Gonzalez is noted as absent.
Council >> Miguel. >> Yes. >> Council Mama. >> Yes. Council Infante, >> yes. >> Council Reyes, >> yes. >> Council Del Rosario, >> yes. >> Council La Plant, >> yes. >> Council Vice President Levy, >> yes. >> Council President Rodriguez,
>> yes. Motion carries. >> U chair from the ordinance committee. >> Item 27626 is the is a creation of proposed ordinance 02.4 48.050 as deputy director of human resources. I
was sended to the food council with favor recommendation >> to order a public hearing >> to order a public hearing and I make as a formal motion. >> There's a motion in front of us properly second >> discussion. Um
any discussion? Madame Cler, please call the role. >> Um, council plant, >> yes. >> Council Del Rosario, >> yes. >> Councelor Reyes, >> yes. >> Councilman Fonte, >> yes.
>> Council Mamo, >> yes. >> Council Miguel, >> yes. >> Council Gonzalez is noted as absent. Council >> Levy, >> yes. >> Council Rodriguez, >> yes. >> Let's go on top of the agenda. Madame Clair, please read the notice for item
245 26. I mean uh 246 26 and 260 26 >> I'm sorry. I just I pulled the note already and >> Yeah, I just got to find it.
I'm sorry. Can you say one of the It's 240 >> 246. >> Yeah, I'm sorry. um madam chair from the organiz committee item 1626 >> I got it I'm sorry
come back I got I have >> sorry give me one sec we just find the item so let's go to public hearing the fact that we have somebody here 246 and 2626
please read the notes Um, the purpose of this hearing is to gather testimony, information, and public input concerning the petition presented by Massachusetts Electric Company doing business as National Grid, requesting the city of Lawrence, Mass buying through the city council members for
permission to locate poles, wires, fixtures, and conduits, including any necessary and sustaining and protective fixtures along and across the following public ways. Document number 246-26 is to install one jail pole on West Street near Hanland Court. The reference number
is 312 08969 and document number 26026 to install 1J pole on Broadway near Holly Street. The reference number is 31127752. Copies of the relevant plans for the
above referenced petitions are on file with the office of the city clerk and may be viewed upon request during normal city hall business hours. Persons wishing to be heard shall be afforded the opportunity. >> Anybody from the public that wishes to speak?
>> Named on the record, please. >> Hello, city council. My name is Brian Saffler. I'm here representing National Grid today. Um, I'll be representing these two jobs if you have any questions. >> Oh, sorry about that. 11:01 Turnpike Street in North Andover.
So, >> so, yep. Just going over um I guess we'll start with the first one. Uh work request number 31208969. Uh this is to install uh 1J pole on West Street. Uh the pole will be between
poles 13 and pole 12. It'll be labeled pole 12-50. Uh this pole will be installed to increase reliability in that area as we'll be installing new equipment on that pole. We actually read that public hearing for both of the items.
>> Sure. Yeah. >> Yep. I can go over the other one as well. Um, so this is for 31127752. Um, this is to install a new pole, a new JO pole between poles 2336 and pole 2338
on Broadway. Um, we would also be installing about 60 feet for uh 60 feet of cable underneath uh the sidewalk there. Uh, this will be going to support a new transformer to support a building, a new
building in the area. >> Anybody else want to talk about >> what we're hearing is That's the motion. >> Motion to approve. >> Second. >> Motion to approve and wait the 30 days. >> A motion to >> There is a motion to approve and wave the 30 days.
>> Can you hear a second? Properly second. >> Is this to take them as a block? >> Uh yes. >> Thank you. >> Rosario, is this to take it as a block on both items? >> Yes, council. Perfect. >> Perfect. >> All right. Uh this is to take it as a
block. Any discussions? Councelors, I hear no. Madame Clair, please call the RO for both items 24626 and 26026. >> Council Gonzalez is noted as absent. Council Miguel, >> yes. >> Council Mama, >> yes.
>> Councilman Fonte, >> yes. >> Councelor Reyes, >> yes. >> Council Del Rosario, >> yes. >> Council plant, >> yes. >> Council Vice President Levy, >> yes. >> Council President Rodriguez, >> yes. Motion carries. Good job. Have a
great night. >> Ordinance committee. Item 16226. >> Item 16226. 162. >> Item 16220 26 is the resolution directing a review of chapter 9.25 25 of
the municipal codes of bill and technology and reaffirming the city council oversight role in ensuring compliance with the ordinary was sended to the full council with favor recommendation and I make it as a formal motion.
>> There's a motion in front of us properly second discussion council any discussion >> discussion the hour is late. I'm not going to read this whole thing. Um, let me give you a very quick synopsis. We have this
ordinance. It deals with cameras. We're supposed to get a lot of information regarding the cameras. We're supposed to have a public hearing regarding the cameras. We're supposed to do a report afterwards. Uh, the whoever has the cameras give us a report afterwards about how efficient the cameras have worked. What this
resolution does is that the the most important part is at the very end of the resolution where it talks about the action items. So, I want us collectively to figure out how we want to roll this thing out. We
haven't been doing what we're supposed to be doing since this ordinance was passed back whatever six, seven years ago, whatever it's been. Um, and so now we got to put the genie back in the bottle, but we need to fix it. We need to figure out for our residents. They need to know where the cameras are. It's it's about
accountability. It's about It's about making sure we're transparent, right? I hate to use those words, but that's the key word here. So, number one out of the four things is that we need to um have a review. So, um
we we um we get a formal review to say what what cameras are out there right now. Number two, whether the city council's approved of the cameras. Little bit fuzzy. Some of the police department stuff has been, but we haven't reviewed that in quite some
time. Number three, there's supposed to be a a surveillance impact report and surveillance use policy. That hasn't been done. The police recently have given us some sort of impact. They talked a little bit about it, so we could say they've done it. And number four on this section is the adequacy and
timeliness of all the required data reporting to city council and the public. Have they? It's we already know it's inadequate. They haven't done in a timely manner. So, we already know the answer to that. But they we need to get a report. We need to build the case as to what's going on. So that's number one. Um
number two, we need to ask the mayor in coordination with the police department, the IT and DPW and any other municipal entity, I think ISD is another one, who has deployed or seeks to deploy cameras, shall prepare and submit a comprehensive written report to the council within 45
days. So if you've got something, let us know what those things are. Uh 45 days of the adoption of the resolution. At some point, we're going to need to do a public hearing. That's what the law requires. The city council shall
schedule, this is what I have in this u resolution. The city council shall schedule a properly noticed public hearing to be held no later than 90 days. So, in three month within 3 months after adoption of this resolution, if we adopt it tonight, sometime in the fall, for the purpose of receiving the report,
hearing the public testimony, and discussing any recommended actions to in to improve it. Um and then the last thing it's reaffirming our role. We are the leaders in this. This is our job. So we need to reaffirm our city council's role. So this is what this resolution is
driving. So what I would recommend um is that we approve this resolution. If we can prove it tonight, then these elements need to kick in and these elements are written in the resolution. Reports need to be brought in. public hearings need to be done during certain
time frames. What I could do at if this resolution is passed is I could put a document on the agenda at the next full city council meeting and start that process. So start the process of the public hearings for example, start the process of a place where the information
comes in. But start that process. But if we pass the resolution, that would begin that would begin the clock ticking on the timelines that I just discussed that are written in the resolution. I really truncated it to 5 minutes or less. So that that's it.
>> Any questions? Essentially, what we have in front of us is a resolution as of how we're going to be dealing with it with the situation of the camera within the next 90 days to be in compliance with our own ordinance. Correct.
Um, any questions? I hear none. Madame Clair, please call the role. >> Council, please. >> Yes. >> Sorry, I'm going to do that again. Council of the plant. >> Say yes. >> I know my mics were off. I know. Let me do the >> My mic was off.
>> Oh, I'll say yes. 30. Yes. >> Just so I can hear myself say your names on what I'm doing. Council Del Rosario. >> Yes. >> Councelor Infante. >> Yes. >> Council Reyes. I'm so sorry. I'm looking at the two of them side by side on the
>> Thank you. >> Council Ml. >> Yes. >> Council Miguel. >> Yes. >> Council Gonzalez is noted as absent. Council Vice President. >> Yes. Council president. >> Yes. Motion carries. So
the 90 days will be in about three month >> so second meeting of October. >> I'll put something on the council agenda. That way we get this information. So the letters out to the proper people get the information.
>> All right. Uh let's go going back to the uh public hearings. >> President I want to take it a document >> off the table >> out of table. >> Uh once we get to the to the table matters. >> Yes. >> Because we still have a couple other
items. We have item 24526 the public hearing. >> Yes. >> Mad. >> Madame clerk, please read the notice for 24526. >> Document number 24526. Uh the purpose of this hearing is to gather testimony, information, and
public input concerning the proposed amendment to the revised ordinances of the city of large to be further amended by deleting following sub paragraph of section 10.36.340 of the municipal code handicap parking. Document number 245-26 Olive Avenue, north side from a point
105t easterly of the intersection of Congress Street to point 125 ft easterly of the intersection of Congress Street. Persons wishing to be heard shall be afforded the opportunity. >> Uh, anybody from the public that wishes to speak? I hear none. Uh, public
hearing is now closed. What's the motion, counselors? >> Motion motion. Motion to approve the removal of the handicap parking. >> Second. >> Uh there has been second discussion. I hear no. Madame Clair, please call the role.
>> Uh councelor Gonzalez is noted as absent. Council Miguel, >> yes. >> Council Mama, >> yes. >> Council Fonte, >> yes. >> Council Reyes, >> yes. >> Council Del Rosario, >> I think he's left the evening. Um, council La Plant, >> yes.
>> Council Vice President Levy, >> yes. >> Council President Rodriguez, >> yes. Uh, out of table matters, um, Council President, you have an item. >> Yes. >> Item 59 26. >> Page three. Item 5936 is a handicap
parking. Yes. Item 26 is a handicap parking 13 Bon Street. Um this item inclusive was sended to a public hearing and a motion to approve was made it but no
vote because the the plaque was expired. >> All right counselors this item was uh the public hearing was occur it was closed >> and the motion was to approve but it was no vote uh at the time due to the plaque was uh expired I believe.
>> Yes. and resubmitted >> and we we resubmit that um >> the counselors have to resubmit >> the application and now we have a current placer. >> Yes. >> So the motion will be uh to will be as
uh we do we have an underlying motion? >> We do. You have an underlying motion to approve and I could tell you who made it but you'd rather just vote because I don't know what the file is but it's here. >> We have a motion to approve. >> Yeah. uh at the time and it was properly
second. Any discussion? Council members. I hear none. Madame Clair, please call the role. >> Council, >> yes. >> Council plan, thank you. Council Del Rosario. >> Um noted is absent. Councelor Reyes.
>> Yes. >> Um Council Infante, >> yes. >> Council Mama, >> yes. >> Council Miguel, >> yes. Council Gonzalez is noted as absent. Council vice president. >> Yes. >> Council president >> vote yes. All right. Going on top of the
agenda. Uh communication from the mayor, city of uh city official, city of Cheney. There is none. Committee report. Budget and finance committee that we have no report. Housing economic development. There is no report. Ordinance committee. We
already finished. Uh public safety and emergency management. There is no no report. Committee of the Hall. There is no report. All business. Um item 237
26 request to amend zoning for six chicken road chicken street um and parkage nether that uh we are looking to have a motion to withdraw without prejudice.
>> No. Oh yeah. you are looking for sorry because it's old business we first need to get a motion to release it from the committee um >> yes that's true >> yeah we need to uh release this item from committee >> um
>> and be able to address it uh the full council >> so someone's going to make a motion to suspend rule number six to release this document um 237 um >> 26 >> 26 thank you and then a motion to withdraw without prejudice >> is that Ordinance.
>> It's that ordinance. >> Okay. So, move. >> There is a motion in front of us uh with a a specific wording that the city clerk just mentioned. >> Can I hear a second? >> Second. >> Probably second discussion. >> I hear none. Madame Clair, please call the role.
>> Council Gonzalez is noted as absent. Council Miguel, >> yes. >> Council Mama, >> yes. >> Councilman Fonte, >> yes. >> Council Reyes, >> yes. >> Council Delazario is noted as absent. Council of Plant. >> Council Vice President. >> Yes. >> Council President.
>> Yes. Motion carries. Item 23 23726. Council. Can I get a motion to withdraw without without prejudice? >> Motion to withdraw without prejudice. >> There is a motion in front of us. >> Properly second. Discussion. I hear none. Madame Cler, please call the role.
>> Council Lant. >> Yes. >> Council del Rosario noted as absent. Council Reyes. >> Yes. >> Council Infante. >> Yes. Council Mamo, >> yes. >> Council Miguel, >> yes. >> Council Gonzalez is noted as absent. Council Vice President, >> yes.
>> Council President, >> yes. >> Out of new business. >> Yes. >> Really? >> Good job. >> Yes. Okay. Okay, madame chair from ordinance
committee item 28 and 20 280 26 >> 28026 resident parking that's just >> please please uh read the report. All right. Item 2826 resident parking at 15
Bunker Hill Street uh >> was >> it was sended to the full council for withdrawal. Can I get a motion? >> Second. Uh it's been a motion in front of us properly second discussion. There is none. Uh malanch please read the notice.
>> Just to withdraw. Um roll call. Roll call. Um >> we still have somebody online. >> Council plant. >> Yes. >> Councelor um Dazario is noted as absent. Councel Reyes. >> Yes. >> Council Ponte. >> Yes.
>> Council Mamo. >> Yes. >> Council Miguel. >> Yes. Council Gonzalez is noted as absent. Council Levy, >> yes. >> Council President, >> yes. Motion carries. All right. Use two items that I need to recuse myself.
So, but we can leave those to the end. I don't know. But we can deal with it right now. >> Which one? uh out of all business >> there is uh um I am 26726
and 28 28 26826 >> so yeah >> 26 >> vice president >> thank you >> I need to recuse myself to to potential conflict of interest >> two these are listed on your agenda
they're both under um old business like to make a motion. >> 267 item 26726 is the authorization to expand 5,49 and 36 from mass do ironic grant for
runaway fight improvement. I'd like to make a motion that we take as a block 266 26726 and 26826 a discharge discharge out of the budget finance committee. >> Second call.
>> Yes, please. Gonzalez. >> Yes. >> Council Marmal. >> Yes. Um Council Infonte. >> Yes. Council Reyes. >> Yes. >> Council Del Rosario is noted as absent.
Councelor Lant. >> Yes. >> Council vice president. >> Yes. >> Okay. So as a law or so we have item 26826 is the authorization to expand
20 hold on one second 22,447 34 from Maslo ironic grant for wrongways five drains improvement I'd like to make a motion to make a motion that we adopt Dr. Now be
discharged both 267 and 26826. >> Second. >> So >> have a motion to approve both documents. >> That's right. >> Okay. >> It has been seconded by your colleague. >> Um do you want me to take the
>> Yes, please. >> Gonzalez is noted as absent. Council Miguel. >> Yes. >> Councelor Marmal. >> Yes. >> Councelor Infonte. >> Yes. >> Councelor Reyes. >> Yes. >> Council Del Rosario is noted as absent. Councelor Llant. >> Yes. >> Council vice president.
>> Yes. So both iron. >> Perfect. >> I already approve it. >> Perfect. Yep. >> Okay. Thank you. >> Is there anything on the agenda that we've covered all >> the only other item on the agenda that
you really need to deal with um is um >> document 318. The very last item on the agenda. >> Yes. It's a late file. >> I don't Okay. >> Sorry.
>> Um, counelor, we have item 31826 the from the new item and also you have we do have the yellow sheet from recreation. they have already approved the usage of the pack. Um so they make
sure you know that you have that on your table. >> So court uh this will be on Saturday, August the 1st from 400 p.m. to 8:00 p.m. Uh that's for the iron document 31826.
Um this is uh a item that was late fire and we need to suspend the rule. >> We just start with the late file. Like >> with the late fire, >> you need to have seven votes to approve
it as a late file. >> Late fire first. >> Okay. >> How many votes? >> Call for the rule. >> Seven to approve a late file. >> Okay. So we need seven votes. >> So that's everybody. Yeah. >> So motion to approve the late fire. Start with you council a
plant. >> Yeah. To delete file. >> Made the motion. >> I make the motion. >> I make the motion. Motion to >> second. >> Okay. I'm sorry. I thought somebody made that already. I apologize. Um
>> uh miss >> council plant. >> Yes. >> Thank you. Council Del Rosario is noted as absent. Council Reyes. >> Yes. >> Councelor Infante. >> Yes. Council Mamo, >> yes. Council Miguel, >> yes. >> Council Gonzalez is noted as absent.
Council Vice President Levy, actually, I'm going backwards. Council President, >> yes. >> Council Vice President, >> yes. >> Okay. So, you you have seven votes to accept it as late file. >> Um, >> so now we need six vote to suspend the rule and declare the item as an
emergency to allow the council to vote and document uh tonight. We need six or seven. We see six on this one now. >> Now we need six. All right. Uh, hold the roll. >> Councelor Gonzalez is noted as absent.
Council Miguel, >> yes. >> Councelor Marmal, >> yes. >> Councelor Infonte, >> yes. >> Councelor Reyes, >> yes. >> Council Deario is noted absent. Council Lant is not as absent for the vote. Council President, >> yes. >> Council Vice President,
>> yes. You have six votes. Um then >> now we have a motion to approve on 31826 You just need five votes on this. That was council plant who's noted as absent for the vote. Council del Rosario who's noted as absent. Council Reyes, >> yes.
>> Councelor Infante, >> yes. >> Council Mama, >> yes. >> Council Miguel, >> yes. >> Council Gonzalez is noted as absent. Council President, >> yes. >> Council Vice President, >> yes. >> Perfect. >> So, you got >> 38 is already approved.
>> Great job. All righty. Um, going back to top of the agenda. >> Oh, back to the top of >> back up to the top of the agenda.
>> Uh, councilors, any any uh table matters that you want to discuss? I hear none. So, let's go to new business. Uh, item 28126, appointment of William J. Maloney to the sec second uh assistant to the city
attorney. That's going to personal committee. Item 28226 reappoint of Douglas Howard Jr. to the Lawrence municipal aper that's going to that personnel committee. Item 28326
reappointment of uh Dia Amador Matis to the Lawrence Municipal Aper Commission. That's going to their or uh budget personnel committee. Item 28426 reappoint of Dionio Cruz to the L
municipal April Commission. That's going to that personal committee. Item 28526 reappoint of Ernest Uterm to the Lawrence Municipal April Commission. That's going to the personal
committee. Item 28626 a u appoint Alexander Diaz Lada to the Lawrence Municipal April Commission and that's going to personal committee. Item 28726 appoint of Ju Miguel Lopez to the licensing board that's going to the
personal committee. Item 28926 appoint of uh John Manuel Regal to their uh board of registars that's going to their personal committee >> on this next item just as a point of clarification. Um
>> item 29 >> 290. >> Okay. Item 290 26. >> Yeah. The Mad Clerk. >> Thank you, Council President. Um the police department and the fire department are both accepting a um car
seat award through this FF um which is a federal fiscal year 2026 child passenger safety and education assistance program. It was filed by the police department. They're asking us if we can amend it to say authorization for police and fire to accept and distribute the car seat. So
the request is just administrative to authorize the renaming of the documents. So that's kind of something you can do at your um discretion, council president, if you don't. >> Yes, we will do that. We will name it as as both both of their um departments. >> Perfect. >> Uh thank you. >> And that's what
>> you can send that to budget and finance. >> Yes. Item 2926, authorization uh for the police and fire to accept and distribute car seat award uh through the fiscal year 2026 child passenger safety education and assistant program. That's
going to the budget and finance committee. Item 29126, authorization to spend $177,400 uh intersection safety signals equipment grant part of their vulnerability road
user program. Uh that's going to the van finance committee. Item 29226, authorization to spend $250,000 air max from representative Fran Moren to supplement a cost associated with the city bridges project that's going to the
banana finance committee. Item 29326 request uh to discontinue the use of HAR place as a municipal way uh that's going to uh >> go to ordinance
>> ordinance committee in housing committee. >> You want to send it to vote? Yeah, let's send it to the board. Item 29426, resolution adopting a vision city uh a vision vision city of policy to eliminate traffic fatalities and serious
injure. That's going to ordinance committee. Uh item 29526 uh children's date flag football and backpack and backpack drive at Kain Park. That's going to ordinance
committee. Item 29626 uh Chico's summer shout out shout out back to school event. That's going to ordinance committee. Item 29826 request a sidewalk access uh for retail
sales at 2 East Haver Street. That's going to ordinance committee. Item 29926 no parking asatoga street west side between sunset of and street that's going to ordinance committee item 326
handica parking at 428 Andover street and that's going to ordinance committee item 30126 Hendica parking at uh 9 Berkeley Street that's going to ordinance committee item 202 uh 30226
Hendica parking at 66 66 Elm Street. Ordinance committee. Item 30326, handicap parking at 36 Uland A. That's going to ordinance committee. Item 30426, handicap parking at 66 67
Eman Street. Ordinance committee. Item 30526, Hendica parking at 22 Reservoir Terrence. And that's going to ordinance committee. Item 20626, Hendica parking at 83 Warren Street. Ordinance Committee. Item 20 30726 Hendic Parking
on 125 West Street. Ordinance Committee. Item 30825, remove handicap parking 16 Boswell Boswell Street. Ordinance Committee. Item 30925, remove handicap parking at 25 Dan Street. Uh, ordinance
committee. Item 310 31026 50minute parking at 107 Union Street. Ordinance committee. Item 3116, amend a no parking ordinance um uh 1036 010
Hampshire Street East side from Alenton Street to Lawrence Street. Ordinance Committee item 312 uh 26 15 minute parking uh 513 Hampshire Street. Ordinance Committee item uh 31326 uh new employees disclosure uh
disclosure of conflict uh election worker that's going to ordinance committee. Item 31426, city uh city employee disclosure of conflict ordinance committee. Item 31526, city
employee disclosure of conflict u election worker ordinance committee. Item 316 uh 26 uh city employee disclosure of conflict. Uh that's going to ordinance committee. Item 31726 city employee disclosure of conflict. Uh
election working that's going to ordinance committee. counselors. Uh there is any other items. So our next meeting which is uh if fall uh
on June 26 which is the third week of the of June that meeting >> July >> July >> July sorry July 21st uh that meeting will be uh called off and uh we will uh continue maintain the tradition of uh
taking a break during the summer. uh that stopped for a while but we need to bring it back due to the fact that counselors also um have uh the right to take some break. So next meeting I called up I going to call that off and
our next meeting going to take place on >> August >> umth >> August 5th >> the national >> because of the national so on August 5th is going to be our next meeting city council regular meeting uh the
subcommittee meetings will take place in between that time and those are going to be posted accordingly. So, National is on Tuesday, August 4th, >> and our next our meeting is going to be on Wednesday, uh,
>> Wednesday, August 5th. So, if the chair would like to schedule the meeting, the subcommittee meetings now, that's all. That's actually it will be great. if he's not and then uh we can
coordinate around >> chairs from that uh from the from the from the ordinance committee. >> Mr. President, um most of my colleagues are here right now and I hope that we can have the meeting next week and then we can have the rest of the moms.
>> No problem. So Tuesday next week. Next week. >> Uh what time? >> If we can do it >> whenever you want. >> Uh what time? I would like to do it like a little early but I know that uh due to the fact that I still uh the employee are working so we're going to continue
with the seven meeting >> okay what other committee personnel councel infante >> so personal committee she will get in touch with Teresa to co to coordinate
about um budget and finance and personal >> any housing this one item on housing. >> Um, yes. I'll do it for next week. What day did you already choose? >> Tuesday. >> Tuesday. >> Tuesday. >> I'm going to do Wednesday.
>> 4:15. Can I do 6 p.m.? Is everybody okay with six? >> Yeah. >> Um, could we send correspondence to um Danerin on that one item and Senator Piano on that housing authority?
item. I don't have the exact item numbers. >> Yeah, we got it. >> We're going to address that. >> Just for clarity, we just have one item in housing here. >> Uh, one item for this agenda. >> So, >> we're going to have three in total. >> Wednesday the 15th at 6
Wednesday >> the 15th. >> 6 p.m. No problem. >> All right. Uh, any other committee meetings? Council, I just want to call to your attention document 28126, the appointment of William Maloney, second assistant attorney. That is unlike the other ones which are boards and
commission. That is an appointment. Uh I think the 30-day clock starts running for those kinds of appointments. So I know you're trying to get it scheduled in August for your next meeting, but it just may you may want to do the math just to make sure you get it done. Get it. >> There's a couple of things that we can do.
>> So the first one meets between now and the 5th would be okay. Look, I'm just throwing it out there that there's not a lot of margin for we have one meeting, so it's not a margin. Uh, >> let's do the math real quick. >> Otherwise, we can uh
>> Sure. So, today is July 7th. >> So, July 7th. >> So, let's count the days. >> I know that. Okay. So, she's going to be uh it's definitely going to be out a
couple days. When did they submit it? >> The 30th day is is August 6th. Going to meet on August 5th. So you are within the 30 days. But yeah, there's no room for error. So >> uh but I mean are you counting since it was uh bring it up to you or since today? >> Since today.
>> No, because I mean they submitted to you before. So those count as well. >> Okay. So we can do a couple of things counselors. We can uh bring it bring it back from committee uh and then it could be with jobrove
without prejudice send it back to the mayor and they can resubmit and then uh we can go from there but we need to take action. So right now as of tonight you sent it to committee which you can you don't have to
>> No we I start counting since yesterday that I submitted the 30 days. When was that day on the 23rd? >> June 23rd. >> Yeah on the 23rd. >> So meeting on this one item. Whatever you guys want to do. The 23rd is going to
get you um Well, we can we can bring it back from committee counselors. I'll entertain a motion. We can do a couple of things here. We have an item that is uh that is that we need to take actions within 30 days. The item
was submitted to the council on June 23rd. That means that on June uh on July 22nd around that time, that's the last day for us to take a an action on it. Or
since that item is on committee, we can uh suspend the rules and bring it back from committee, take an action today. Uh it could be a withdraw without prejudice and then they can resubmit and
be able to uh actually take actions on the in the next month. Is that something that you agree with it? >> I'm just thinking this through and I apologize because I'm like exhausted at
this minute, but kind of the same issue that we had when we had the budget. you have an obligation to vote on the item. I think withdrawing it without prejudice >> you might get yourself into a headache. I just um
>> you can do a special meeting >> and then >> I mean uh I think that withdraw without prejudice will be it will it won't be an issue. >> Okay. I mean, yeah. >> So, they can resubmit and then resume later.
>> So, you want to make a motion right now to withdraw the item without um >> to allow them to resubmit it. >> We want we don't have the vote >> to no to the pull from committee. Well, it's not. You didn't send it like it's still tonight's meeting.
>> You didn't vote on that. You know what I mean? You >> So, we need to declare we need to declare an emergency. >> Oh. To deal with it the same night that it was appointed. >> You're going to We have six. >> No,
>> it's not happening. >> We'll go We'll go for another special meeting. >> We got six right now. >> She's back. She's not she's not here. >> Okay. What is the what is the counselors? What what do you guys
prefer? What is your preference? >> The options are the following. bring you guys >> bring it from committee, discuss it tonight, declare an emergency and be able to move from there if we have enough vote. If we don't and then we deal with it this
month, >> it's a motion to pass 12. >> Probably second. Madame Cler, please call the role. >> Okay. All those in favor, please say I. >> I. >> Any names? >> Nay. Uh, madame clerk, please call the role.
>> Um, council, >> no. >> Council delario is noted as absent. Council Reyes, >> yes. >> Councilman Font is noted as absent. Council Mamo to go past midnight. >> Yes. >> Council Miguel, >> yes.
>> Council Gonzalez is noted as absent. Council Vice President, >> yes. >> Council President, >> vote yes. Motion carries. Uh okay. We we are going to call for an special meeting anytime next week uh to
deal with this uh with the with the appointment. We're going to read the ordinance and then we're going to call for a special meeting. It could be through Zoom. >> Yeah. Can we finalize this already? >> All right. Uh counselors, um can I get a motion to adjourn? >> Motion to adjourn. >> There's a motion to adjourn. Properly
second. Can I get a second? >> Second. >> Properly second. Discussion there is none. All those in favor, please say I. Hi. >> Thank you. >> I'm sorry.