On the agenda: Lowell meeting — facial recognition (Feb 3)

Date:
February 3, 2026
Time:
6:30 PM
Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA / Zoom (Hybrid)

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

3. CITY CLERK
3.1. Minutes Of City Council Regular Meeting January 27th, For Acceptance.
Documents:
2026 JANUARY 27 CC MINUTES.PDF
4. CITY COUNCIL - MOTIONS
4.1. C. Nuon - Reg. City Mgr. Work With The OPM To Provide To City Council A Finding
Of The Structural Engineer Review Of The 1892 Building At Lowell High School.
4.2. C. Nuon - Req. City Mgr. Have The Proper Department Provide A Report On The
Feasibility Of Implementing A Community Benefit Agreement Ordinance In Lowell.
Report To Include A Process For Distributing Developer Contributions Earmarked For
Community Benefits That Are Generated From Large-Scale Real Estate Projects. The
Proposed Ordinance Should Ensure That There Is A Transparent And Inclusive
Framework For: Considering How Large-Scale Developments Impact A Community;
Identifying And Ranking Community's Needs, And Distributing Community Benefit
Contributions In A Manner That Addresses Those Needs.
4.3. C. Nuon / C. Liang - Req. City Mgr. Have The Proper Department Provide A Report
That Examines How Arterial (Both Minor And Major) Streets Are Cleared In Winter
Hopefully Easing The Difficulty Of Clearing Sidewalks For Residents, Especially The
Elderly And People Without Snowblowers. Focus Should Be Repeated Plowing That

Identifying And Ranking Community's Needs, And Distributing Community Benefit
Contributions In A Manner That Addresses Those Needs.
4.3. C. Nuon / C. Liang - Req. City Mgr. Have The Proper Department Provide A Report
That Examines How Arterial (Both Minor And Major) Streets Are Cleared In Winter
Hopefully Easing The Difficulty Of Clearing Sidewalks For Residents, Especially The
Elderly And People Without Snowblowers. Focus Should Be Repeated Plowing That
Piles More Salt Laden Snow, And Snowbanks At Intersections That Make It Virtually
Impossible For Residents To Clear Access To Crosswalks.
4.4. C. Nuon / C. Liang - Req. City Mgr. Invite The Citizens Advisory Committee/LPD To
Appear Before The Public Safety SC To Provide A Presentation.
4.5. C. Liang - Req. City Mgr. Have The Proper Departments Inspect LHS And Other
School Buildings To Ensure Automated External Defibrillators (AEDs) Are Installed In
Secure, Easily Accessible Locations, And That Teachers And Other Personnel Are
Fully Equipped To Use These Devices During Emergencies.
4.6. C. Liang - Req. City Mgr., For Public Safety And Precaution, Have Appropriate
Departments Work On Installing Additional Lighting Around City Hall, 375 Merrimack
Street, Extending Beyond 50 Feet From The Building, Particularly In The Side Area
Near The Monuments, Where Activities And Events Commonly Occur.
4.7. C. Scott - Req. City Mgr. Evaluate And Take The Necessary Steps To Install
Sidewalks Along Woburn Street To Improve Pedestrian Safety And Access.
4.8. C. Scott - Req. City Mgr. Have The Appropriate Department Report On The Feasibility
Of Using Parks With Dedicated Parking Lots As Overflow Parking During Snow
Emergencies To Increase Neighborhood Access.
4.9. C. Juran - Req. City Mgr. To Provide A Debrief About The Recent Snow Storm: E.g.,
What The City And The Residents Respectively Did Well Or Could Do Better, What
Best Practices And Metrics The City Applies And What Lessons Were Learned That It
Will Apply In The Future, Measures Of Plowing Quantity And Quality, And How Was
Information Communicated Regarding Residents’ Vs. City’s Responsibility For
Parking, Shoveling/Plowing, Etc.
4.10. C. Robinson - Req. City Mgr. Have The Proper Department Provide A List Of Possible
Staging Locations In Centralville That Will Minimize The Impact To Our Residents.
4.11. C. Robinson - Req. City Mgr. Have The Proper Department Provide A Report On The
Possibility Of Remote Board Of Parks Permitting Opportunities For The Public,
Especially During Winter Months.
4.12. M. Gitschier - Req. City Mgr. Look Into A 24 Hour Construction Webcam Monitoring
System That Provides Continuous, 360 Degree High Definition Live Streaming Of The
Rourke Bridge Project For The Community To Be Able To Access And View The
Progress In Real Time.
4.13. M. Gitschier - Req. City Mgr. And Council Send A Formal Letter To The Chair Of The
Senate Ways And Means Senator Michael Rodrigues Expressing Lowell's Support
Senate Bill #S.2721, Reiterating The Critical Importance Of This Bill To The Public
Health, Environment And Residents Of Lowell And Ask Them To Vote Out The Bill
Favorably.
5. COMMUNICATIONS FROM CITY MANAGER
5.1. Motion Responses
A) Motion Response - Folk Festival Funding
B) Motion Response - Letter LTLC
Documents:
A) MOTION RESPONSE - FOLK FESTIVAL FUNDING.PDF

A) Motion Response - Folk Festival Funding
B) Motion Response - Letter LTLC
Documents:
A) MOTION RESPONSE - FOLK FESTIVAL FUNDING.PDF
B) MOTION RESPONSE - LETTER LTLC.PDF
5.2. Informational Report
Informational Report - Centralville SRF
Documents:
INFORMATIONAL REPORT - CENTRALVILLE SRF.PDF
5.3. Communication - Reappointment Of Jeffrey Harris To Historic Board
Documents:
COMMUNICATION - REAPPOINTMENT OF JEFFREY HARRIS TO
HISTORIC BOARD.PDF
6. VOTES FROM THE CITY MANAGER
6.1. Vote – Accept MGL C.40 S.71 - School Bus Violation Detection Monitoring
Documents:
VOTE - ACCEPT MGL C.40 S.71 - SCHOOL BUS VIOLATION DETECTION
MONITORING.PDF
6.2. Vote - Establish School Bus Violation Stabilization Fund
Documents:
VOTE - ESTABLISH SCHOOL BUS VIOLATION STABILIZATION FUND.PDF
6.3. Vote - Authorize CM To File Special Legislation
Documents:
VOTE - AUTHORIZE CM TO FILE SPECIAL LEGISLATION.PDF
7. ORDINANCES FROM THE CITY MANAGER
7.1. Ordinance - Amend Zoning - Data Center Moratorium
Documents:
ORDINANCE - AMEND ZONING - DATA CENTER MORATORIUM.PDF
7.2. Ordinance - Amend Chap 222.24 - School Bus Violation
Documents:
ORDINANCE - AMEND CHAP 222.24 - SCHOOL BUS VIOLATION.PDF
8. REPORTS (SUB/COMMITTEE, IF ANY)
9. PETITIONS

ORDINANCE - AMEND CHAP 222.24 - SCHOOL BUS VIOLATION.PDF
8. REPORTS (SUB/COMMITTEE, IF ANY)
9. PETITIONS
9.1. Claims - (2) Property Damage.
9.2. Misc. - Jennifer Mahoney-Brum Request Permission To Address City Council
Regarding Construction At The Mahoney Softball Field Monument.
Documents:
2026 FEBRUARY 3 JENNIFER MAHONEY BRUM SOFTBALL FIELDMONUMENT.PDF
9.3. National Grid - Request Installation Of (1) SO Pole At 242 Church Street.
Documents:
2026 FEBRUARY 3 NAT GRID CHURCH ST POLE AGENDA.PDF
10. CITY COUNCIL - EXECUTIVE SESSION
10.1. Executive Session - To Consider And Discuss The Purchase, Exchange, Lease, Or
Value Of Real Property (The Senior Center, 276 Broadway Street), Public Discussion
Of Which May Have A Detrimental Effect On The Negotiating Position Of The City.
11. ANNOUNCEMENTS
12. ADJOURNMENT
Office of the City Clerk - 375 Merrimack Street - Phone: 978.674.4161

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

CITY COUNCIL MINUTES
Date:
January 27, 2026
Time:
6:30 PM
Location: City Council Chamber, 375 Merrimack Street, 2nd Floor,
Lowell, MA / Zoom (Hybrid)
1. ROLL CALL
Roll Call showed 11 present (C. Chau, C. Descoteaux, M. Gitschier, C.
Juran, C. Liang, C. McDonough, C. Mercier, C. Nuon, C. Robinson, C.
Rourke, C. Scott).
M. Gitschier presiding.
2. MAYOR'S BUSINESS
2.1. Communication Remote / Zoom Participation.
In City Council, Motion “To accept and place on file” by C. Chau, seconded
by C. Descoteaux. So voted.
3. CITY CLERK
3.1. Minutes of City Council Regular Meeting January 20th, for
acceptance.
In City Council, Motion “To accept and place on file” by C. Juran, seconded
by C. Liang. So voted.
4. CITY COUNCIL - MOTIONS
4.1. C. Robinson - Req. City Mgr. have the proper departments work
with our City Council to draft parameters around TIFs and TIEs that
incorporate community and Council led initiatives.
In City Council, seconded by C. Nuon, referred to City Manager/Economic
Development SC. So voted. C. Robinson noted that initiatives should be

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

established with built in incentives to set up terms. Motion by C. Robinson,
seconded by C. Nuon to refer matter to Economic Development SC. So
voted.
4.2. C. Robinson - Req. City Mgr. have the proper department provide
a draft home rule petition allowing the City to establish a centralized
facilities department.
In City Council, seconded by C. Descoteaux, referred to City Manager.
Adopted per Roll Call vote 10 yeas (C. Chau, C. Descoteaux, M. Gitschier,
C. Juran, C. Liang, C. Mercier, C. Nuon, C. Robinson, C. Rourke, C. Scott),
1 Recusal (C. McDonough). So voted. C. McDonough recused self from
discussion and vote. C. Robinson noted this may be only alternative as
there is no agreement with the schools. C. Descoteaux questioned
Manager regarding meetings with school administration. Manager Golden,
Jr. outlined those discussions. City Solicitor Williams noted the Home Rule
Petition would change existing laws which would take vote away from the
school committee. Manager Golden, Jr. noted the home rule petition is a
long process even when all parties are in agreement. C. Nuon noted the
current Maintenance of Effort (MOE) with the school administration needs
attention and that there are discussions surrounding Memorandum of
Agreement regarding Net School Spending. C. Juran commented
regarding pararell path with home rule petition and amending the
memorandum. C. Rourke noted the school committee defeated this
request prior and that current Mayor should bring that motion back before
the committee. C. Robinson commented on the work and schedule of City
custodians. C. Scott noted a joint subcommittee with schools could be
helpful. Motion by C. Rourke, seconded by C. Scott to request Mayor bring
motion before School Committee regarding the establishment of a
centralized facilities department. So voted. Motion by C. Scott, seconded
by C. Nuon to schedule a joint Municipal Facilities SC with schools. So
voted.
4.3. C. Chau - Req. City Mgr. invite the Veterans Commission to
appear before the Council to provide a presentation on the City’s
Hometown Heroes Banner Program.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

In City Council, seconded by C. Mercier, referred to City Manager. So
voted. C. Chau noted it was a good program to move forward.
4.4. C. Chau / M. Gitschier - Req. City Mgr. provide the City Council
with a comprehensive list and status update of all street paving,
roadway improvements and infrastructure upgrade projects that have
been previously approved by Council vote but remain pending.
In City Council, no second needed, referred to City
Manager/Neighborhoods SC as amended. So voted. C. Chau commented
on the effort of the administration and just need a snapshot of where the
City is in this endeavor. Motion by C. Juran, seconded by C. Chau to
amend motion to have a comprehensive list along with criteria used for
selection of roads and to refer to Neighborhoods SC. So voted. C.
McDonough noted the need for regular reporting. C. Juran commented on
prior motion that empowered the Neighborhoods SC to formulate such
reporting.
5. COMMUNICATIONS FROM CITY MANAGER
5.1. Motion Responses.
A) Motion Response - Bridge Safety Measures – C. Chau commented
on the request to MassDOT. C. Nuon noted letter to State highlighting the
issue. Manager Golden, Jr. noted current discussions with other parties.
Motion “To accept and place on file” by C. Rourke, seconded by C. Scott.
So voted.
B) Motion Response – Moratorium – C. Scott noted response indicates
that they are listening to residents. C. Juran noted concern with the
definition of “Data Center” in the proposed ordinance. C. Juran noted
possible involvement of the Zoning SC. C. Scott wished to move forward
with the response. City Solicitor Williams noted collaboration with Planning
Department regarding language. Yovani Baez-Rose (DPD) commented on
definition noting it would suffice but tightening language is always present.
C. Mercier noted item was going before the Planning Board. C. Juran
questioned powers of the Planning Board regarding moratorium. City

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

Solicitor Williams noted that the Planning Board could install changes. C.
Chau questioned the effect of the moratorium. City Solicitor noted that it
could note operate retroactively. C. McDonough noted the definition of
data center should be amended. C. Nuon wished to move moratorium
further. Motion by C. Scott, seconded by C. Juran to refer back to Law
Department to amend definition of “Data Center” in the ordinance. So
voted. Motion “To accept and place on file” by C. Rourke, seconded by C.
Nuon. So voted.
6. VOTES FROM THE CITY MANAGER
6.1. Vote - Allocate $20k Opioid Settlement Funds.
In City Council, Given 2nd reading. Motion “To Adopt” by C. Robinson,
seconded by C. Juran. Adopted per Roll Call vote 10 yeas (C. Chau, C.
Descoteaux, M. Gitschier, C. Juran, C. Liang, C. McDonough, C. Mercier,
C. Robinson, C. Rourke, C. Scott), 1 absent (C. Nuon). So voted.
7. ORDINANCES FROM THE CITY MANAGER
7.1. Ordinance - Amend Zoning - Data Center Moratorium.
In City Council, Motion to withdraw item by C. Rourke, seconded by C.
Mercier. So voted.
8.REPORTS (SUB/COMMITTEE, IF ANY)
In City Council, none.
9.PETITIONS
9.1.Misc. - Nydia Rakim request installation of a handicap parking
sign at 61 Chestnut Street (Apt. 3).
In City Council, Motion to refer to Transportation Engineer for report and
recommendation by C. Descoteaux, seconded by C. McDonough. So
voted.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

9.2. Misc. - Maria Olsen request installation of a handicap parking sign
at 142-144 Ennell Street.
In City Council, Motion to refer to Transportation Engineer for report and
recommendation by C. Chau, seconded by C. Mercier. So voted.
Motion to bundle Items #9.3 to #9.13, inclusive by C. Scott, seconded by
C. Mercier. So voted.
9.3. National Grid - Request installation of 1 SO Pole at Middlesex and
Wood Streets.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.4. National Grid - Request installation of 1 JO Pole 557 Varnum
Avenue.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.5. National Grid - Request installation of 1 JO Pole at 1158 Gorham
Street.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.6. National Grid - Request installation of 1 JO Pole at 145 Pawtucket
Street.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.7. National Grid - Request installation of 1 JO Pole at 15 West
Meadow Road.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.8. National Grid - Request installation of 1 JO Pole at 308 Stevens
Street.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.9. National Grid - Request installation of 1 JO Pole at 316 Mammoth
Road.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.10. National Grid - Request installation of 1 JO Pole at 9-11
Columbia Street.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.11. National Grid - Request installation of 1 SO Pole at 12 Wood
Street.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.12. National Grid - Request installation of 2 SO Poles at 1170
Gorham Street.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
9.13. National Grid - Request installation of 5 JO Poles at Middlesex
and Edwards Streets.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 10, 2026 @ 7 PM by C. Scott, seconded by C. Rourke. So voted.
10. ANNOUNCEMENTS
In City Council, C. Mercier noted birthday of former City Council member
Paul Ratha Yem. C. Chau lauded the effort of the City during recent
snowstorm. Manager Golden, Jr. commented on current parking ban in the
City. C. Scott wished a happy birthday to Shawn Machado (Asst. City Mgr.)
on behalf of the Council. C. Robinson commented on the Refuge Art
School fundraiser.
11. ADJOURNMENT
In City Council, Motion to Adjourn by C. Mercier, seconded by C. Nuon. So
voted.
Meeting adjourned at 7:39 PM.
___________________________________
Michael Q. Geary, City Clerk

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

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Conor Baldwin, Assistant City Manager for Fiscal Affairs

CC:

Corey Williams, City Solicitor

DATE:

January 29, 2026

SUBJECT: MOTION RESPONSE – 1/13/2026 – C. Robinson - Req. City Mgr. work with
the Lowell Folk Festival Foundation to explore how our Council and administration may be able
to assist with fundraising efforts
Introduction & Background
The Lowell Folk Festival is one of the city’s most cherished cultural traditions and a cornerstone
of Lowell’s creative economy. For decades, the festival has celebrated the rich diversity of
music, food, and art that defines our community, while attracting visitors from across the region.
Its impact extends beyond cultural enrichment—it generates significant economic activity for
local businesses, reinforces Lowell’s identity as a hub for arts and heritage, and fosters civic
pride.
In recent years, the festival has faced growing financial challenges. Cuts in federal funding and a
decline in contributions from private donors have placed increased pressure on the Lowell Folk
Festival Foundation and its partners. The City of Lowell has long recognized the importance of
the festival and has provided substantial in-kind support through services such as Public Works,
Police, Fire, and EMS, ensuring the safety and success of the event. In fact, the City expanded its
support in recent years using federal funds from the American Rescue Plan Act (ARPA) to help
sustain and grow the festival during a critical period.
However, ARPA funding will expire on December 31, 2026, and with that, the City’s ability to
maintain this enhanced level of support will be significantly reduced. This memorandum
explores the legal and financial constraints that limit direct municipal funding for non-profit
organizations, while reaffirming the City’s commitment to working collaboratively with the
National Park Service and other stakeholders to sustain the festival for years to come.

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

Authority to Spend and Public Purpose Limitation
The authority for cities and towns to spend money arises under Section 5 of MGL c.
40. That section provides, in part, that:

Austin Ball
Deputy CFO

"[a] town may at any town meeting appropriate money for the exercise of any of its corporate
powers; provided, however, that a town shall not appropriate or expend money for any purpose,
on any terms, or under any conditions inconsistent with any applicable provision of any general
or special law. 1 "
In general, the properties and purposes for which cities and towns are authorized to spend are not
specified, but rather they include any necessary expenditures arising from the exercise of their
powers or functions. Cities and towns, however, can spend only for public purposes. Public
funds cannot be used for private purposes. Thus, cities and towns have the right to spend money
for any purpose where the public good will be served but not where the expenditure of money is
directly or the private benefit of certain individuals. This principle is expressed in the
Massachusetts constitution and in numerous cases. In addition to the general prohibitions against
spending money for any purpose or under any conditions inconsistent with any general or special
law, there are other prohibitions on municipal spending, such as the so-called “Anti-Aid
Amendment 2”, which is a prohibition against the giving of money or property by a city or town
to or in aid of any individual, association or corporation embarking upon any private enterprise.
It provides in pertinent part: "No grant, appropriation or use of public money or property or loan
of credit shall be made or authorized by the Commonwealth or any political subdivision thereof
for the purpose of founding, maintaining or aiding any infirmary, hospital, institution, primary or
secondary school, or charitable or religious undertaking which is not publicly owned and under
the exclusive control, order and supervision of public officers or public agents authorized by the
Commonwealth." This amendment prohibits the use of public money or property by cities and
towns for the purpose of maintaining or aiding any institution or charitable or religious
undertaking that is not publicly owned. The kinds of expenditures barred by the amendment are
those that directly and substantially benefit or "aid" private organizations in a way that is unfair,
economically or politically. The prohibition against using public funds for private organizations
includes any grants, contributions or donations made by a city or town to an organization for the
specific purpose of directly supporting or assisting its operations.

1
2

MGL c. 40 s. 5
Massachusetts Anti-Aid Amendment

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

The prohibitions of the Anti-Aid amendment do not preclude a municipality, however, from
entering a contract with a non-profit for services, provided that the contract is in writing,
identifies the services to be provided, and sets forth the payment schedule. Payment for any
service could only be made after the service was provided, pursuant to Massachusetts General
Laws, Chapter 41 § 56. As a party to the contract, the City of Lowell could compensate a nonprofit for services rendered to the city in the same way that the city compensates any of the
various for-profit entities under contract with the city and the payment would not be considered a
grant or a gift. However, direct fundraising would likely be problematic under the Anti-Aid
Amendment, as well as the Massachusetts conflict-of-interest law restriction on public
employees.
Guidance from the Department of Revenue states that, “[the Anti-Aid Amendment] is a
prohibition against the giving of money or property by a city or town to or in aid of any
individual, association or corporation embarking upon any private enterprise.” The guidance also
states, “[s]ince public money can only be expended for public purposes, cities and towns have
not the power to appropriate money for gifts or gratuities to persons whose situations may appeal
to public sympathy”1 Furthermore, in a legal opinion provided to the City of Marlborough in
2006 regarding the legality of grants to non-profits, the Chief of the Municipal Finance Bureau
went on to describe the expanded scope of the prohibition of Anti-Aid Amendment to include
any grants, contributions or donations by a city to any of the various non-profit organizations
located within a municipality, not just those religious in nature.
In summary, the city must be mindful of the legal limitations to financial support, which is why
the city’s support historically has been through in-kind support. This support by all city
departments and personnel, but more specifically the Lowell Police Department (“LPD”), the
Department of Public Works (“DPW”), the Lowell Fire Department (“LFD”), and the City
Manager’s Office of Cultural Affairs & Special Events (“CASE”), is financially significant, as
further detailed in this memorandum. It is also directly related to a public purpose: the safety and
security of Lowell residents and visitors who come to visit the City of Lowell during the Folk
Festival.
City of Lowell ARPA Cultural Economic Recovery Plan
The City of Lowell recognized the important contributions that local festivals, artisans, and
cultural organizations made to the overall economy and quality of life for residents and visitors.
As part of the City's ARPA programming, the Cultural Affairs and Special Events (CASE) team
provided more than $800,000 in ARPA-funded grant awards for: not-for-profit festival and event
organizers, cultural organization assistance, and public art programming across the city;
including support of the Lowell Folk Festival.

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

The Public Art grant program invested in projects throughout the city to stimulate a sense of
community and encourage residents to venture outdoors and experience these works of art. These
investments also helped drive new economic activity within the community, contributing to
Lowell’s recovery from the COVID-19 pandemic.
The Cultural Organization Recovery Program was designed to help cultural organizations
recover from pandemic-related impacts by providing funds to support audience retention,
organizational partnerships, and community engagement.
Equally impacted were the numerous outdoor festivals managed by local non-profit
organizations. Outdoor festivals provided a platform for micro-businesses and local artisans to
showcase their goods and help drive the local economy. During the pandemic, these festivals
were suspended due to social distancing requirements. As part of the City's ARPA plan, the
CASE office distributed ARPA-funded grants directly to not-for-profit festivals and event
organizers to assist them in bringing their events back or creating new festivals.
The City has published further details on this and other ARPA investments on the ARPA
Dashboard: Capital Request | City of Lowell (MA) ARPA Recovery Plan
Annual City Support for the Folk Festival
In addition to ARPA-funded initiatives, the City supports the Folk Festival with significant inkind services through its annual operating budget. Beginning in FY2024, the City Manager’s
Department has budgeted $100,000, annually—specifically to fund overtime and payroll costs
for DPW, Police, Fire, and EMS personnel assigned to the festival. This represents a substantial
increase compared to $65,000 budgeted in FY2022, reflecting the City’s commitment to
sustaining and expanding the festival in recent years.
Next Steps & Commitment
While ARPA funding is set to expire at the end of 2026, the City remains committed to working
with the National Park Service and other stakeholders to explore sustainable strategies for
supporting the Lowell Folk Festival. This includes identifying potential contractual arrangements
for services, leveraging partnerships, and continuing to provide in-kind support through City
departments.
Please let me know if you have any questions or require additional information.

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4402 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

February 3, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
Ref: MOTION RESPONSE – 1/20/2026 – M. Gitschier / C. Mercier - Req. City Mgr. reach
out to the Lowell Transitional Living Center requesting they clean in front of their property
daily.
This communication is to inform the City Council that a formal letter will be mailed to Ms.
Susan Gentili, President and CEO of the South Middlesex Opportunity Council (SMOC),
regarding the outdoor conditions at the property located at 193 Middlesex Street.
The letter addresses concerns raised about the maintenance of the exterior premises and
references the requirements set forth in the City of Lowell Property Maintenance Ordinance,
specifically Chapter 227, Article II, §227 (Maintenance of Structures), which states:
“All structures shall be maintained in good repair, structurally sound, and sanitary so as not to
pose a threat to the health, safety, or welfare of the occupants or the public.”
(City of Lowell Code of Ordinances, §227)
Additionally, the ordinance requires that exterior property areas be kept in a clean, safe, and
sanitary condition, free from accumulation of rubbish, debris, or other conditions that may create
a nuisance or hazard. The State building and sanitary codes further regulate the maintenance
requirements for residential, commercial, and other property types.
The forthcoming letter will outline these requirements and request corrective action to ensure
compliance with the City’s standards for property maintenance. Please let me know if you have
any questions.
Sincerely,
Thomas A. Golden, Jr.
City Manager
CC:

Conor Baldwin, Assistant City Manager/ CFO
Yovani Baez-Rose, Assistant City Manager/ DPD Director
Dave Fuller, Building Commissioner

Attachment:
1. Letter to SMOC
2. Excerpt from City of Lowell Property Maintenance Ordinance (§227)

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4402 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

February 3, 2026
Ms. Susan Gentili
President & CEO
South Middlesex Opportunity Council (SMOC)
7 Bishop Street
Framingham, MA 01702
Subject: Request for Daily Maintenance of Exterior Property – 193 Middlesex Street, Lowell,
MA
Dear Ms. Gentili,
The City of Lowell greatly appreciates the important work that SMOC and the Lowell
Transitional Living Center provide to individuals experiencing homelessness in our community.
Your services are critical and valued.
Recently, concerns have been raised regarding the condition of the exterior areas at 193
Middlesex Street, particularly the need for regular cleaning and upkeep. To maintain a safe and
welcoming environment for residents and neighbors, we are requesting that SMOC implement
daily cleaning of the front of the property and ensure that exterior areas remain free of litter,
debris, and other unsanitary conditions.
This request is consistent with the City of Lowell Property Maintenance Ordinance, Chapter 227,
Article II, §227, which requires that:
“All structures shall be maintained in good repair, structurally sound, and sanitary so as not to
pose a threat to the health, safety, or welfare of the occupants or the public.”
Additionally, the Massachusetts State Sanitary Code (105 CMR 410) establishes minimum
standards for cleanliness and maintenance, including, but not limited to the following:
•

•

410.500 – Maintenance of Structural Elements:
“Every dwelling shall be maintained in a condition that is structurally sound and in good
repair.”
410.601 – Maintenance of Sanitary Facilities:
“Plumbing fixtures and facilities shall be maintained in good working order and in a
sanitary condition.”

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4402 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

We respectfully ask that SMOC take steps to ensure daily cleaning of the property frontage and
maintain compliance with these standards. Please confirm your plan to address this matter within
sixty (60) days of receipt of this letter, to my office. If corrective action is not taken, the City
may be required to pursue enforcement measures as provided by law.
Thank you for your attention to this matter and for your continued partnership in serving
Lowell’s most vulnerable populations.
Please contact my office if you have any questions or need assistance.
Sincerely,
Thomas A. Golden, Jr.
City Manager
CC:

Yovani Baez-Rose, Assistant City Manager/ DPD Director
Lloyd DeJesus, Director of Development Services
Dave Fuller, Building Commissioner

Attachment:
1. Letter to SMOC
2. Excerpt from City of Lowell Property Maintenance Ordinance (§227)

Lowell Regional Wastewater Utility
451 First St. Blvd., Route 110 • Lowell, MA 01850
Tel: 978-674-4248 • Fax: 978-459-3826 • www.lowellma.gov

Aaron Fox
Chief Utility Officer
Evan Walsh
Executive Director

MEMORANDUM
TO:

Thomas A. Golden Jr., City Manager

FROM:

Aaron Fox, Chief Utility Officer

DATE:

January 29, 2026

SUBJECT:

Centralville Sewer Separation Phase 1 Project: Funding Status

I am pleased to inform you that the Centralville Sewer Separation Phase 1 Project has been
officially included in the Clean Water State Revolving Fund (CWSRF) loan program. This funding
package is a significant achievement for the City, as it leverages both the Bipartisan Infrastructure
Law (BIL) and other federal funding sources to protect our local water quality and public health
through a joint federal-state financing partnership.
The Massachusetts Clean Water Trust has awarded this project $23,000,000, providing an
exceptionally favorable financial structure for our rate payers. This includes $2,277,000 (9.9%) in
direct principal forgiveness and a subsidized 1.5% interest rate loan. Compared to standard market
rates, this financing equates to a total savings of approximately $13,200,000 million in interest
payments over the next 20 years. The City is collaborating closely with the Massachusetts Clean
Water Trust to secure full funding for the project via the SRF program. The remaining balance of
$30,453,414 is currently moving through the approval process.
The Centralville Phase 1 project represents the first major step in a critical infrastructure program
for the Centralville Neighborhood. Mandated by the federal EPA Consent Decree, this project is
essential to separating the neighborhood’s combined sewer system. The primary design focus is
the construction of a mainline drain conduit to divert Humphrey’s Brook and Billings Street
Wetlands away from the sewer system. This substantial undertaking requires the construction of a
large-diameter drain system, ranging from 36-inch pipes to 5-foot by 8-foot box culverts,
terminating at a new outfall at the Merrimack River. The construction timeline for the Centralville
Phase 1 project is 30 months. Given the scale of these structures, significant effort was required
during the design phase to address the necessary extensive underground utility conflicts and
complex environmental permitting.

Separating the stormwater from our sewer lines, will significantly reduce the frequency and
volume of Combined Sewer Overflow (CSO) events, directly improving the health of the
Merrimack River. Beyond regulatory compliance, the project is engineered to prevent localized
street flooding and basement sewer backups. It will also remove two major surface water inflow
sources into the sewer system, which directly lowers treatment expenses at Duck Island
Wastewater Treatment Facility and restores critical capacity to our existing sewer collection
system.
While a project of this magnitude brings significant short-term construction disruption, the longterm benefits are profound. Residents will receive a comprehensive overhaul of their neighborhood
utilities, including rebuilt sewer lines and modernized water mains, hydrants, and valves. Upon
completion, Centralville will benefit from newly paved roads along the construction routes, with
integrated traffic calming measures, providing a safer and more resilient infrastructure for the
community for decades to come.
The following is a plan showing the project area. Further project information and construction
updates can be found at lowellwater.com.

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

February 3, 2026
Mayor Erik R. Gitschier
and
Members of the City Council
RE:

Lowell Historic Board
Notice of Re-Appointment; Request for Confirmation

Dear Mayor Gitschier and Members of the City Council:
Pursuant to the authority vested in me as City Manager under Section 5(a) of Chapter 566 of the
Acts of 1983 I have reappointed the following person to the Lowell Historic Board:
Jeffrey Harris
(as the Department of Conservation and Recreation member for a two (2) year term
expiring February 29, 2028)
Under the above referenced statute, confirmation by the City Council is required for this reappointment and is hereby requested.
I would be happy to answer any inquiry that you may have concerning this re-appointment.
Very truly yours,

Thomas A. Golden, Jr.
City Manager
Encl.
cc:

City Clerk
Lowell Historic Board
City Auditor

Law Dept.
Human Relations Manager
MIS

The Commonwealth of Massachusetts
Department of Conservation and Recreation
State Transportation Building | 10 Park Plaza | Suite 6620 | Boston, MA 02116
www.Mass.gov/DCR | Tel: (617) 626-1250
Maura T. Healey
Governor

Kimberley Driscoll
Lieutenant Governor

Rebecca L. Tepper
Secretary

Nicole LaChapelle
Commissioner

January 24, 2026
Michael Geary, City Clerk
City of Lowell
Lowell City Hall
375 Merrimack Street
Lowell, MA 01852
Re:

Reappointment of DCR Representative for the Lowell Historic Board

Dear Mr. Geary,
I am writing to reappoint Jeffrey Harris as the DCR representative on the Lowell Historic Board. Mr. Harris'
reappointment will be effective for a two-year term that begins on March 1, 2026 and ends February 29, 2028.
Mr. Harris is the Preservation Planning & Review program manager and has worked in DCR’s Office of Cultural
Resources for over twenty years. We are pleased with the role that he has played on the Board in representing the
interests of DCR and taking into account the impact of projects on the agency’s and the city’s historic resources.
Thank you for your consideration.
Sincerely,

Nicole LaChapelle
Commissioner
Cc:

Steve Stowell, Administrator, Lowell Historic Board
Jeffrey Harris, DCR

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council

VOTE

Accepting the Provisions of Section 71 of Massachusetts General Law Chapter 40,
inserted pursuant to Chapter 399 of the Acts of 2024, the “Act Concerning the Safety of School
Children Embarking and Disembarking School Buses”, which authorizes cities and towns to
install and operate a school bus violation detection monitoring system on a school bus to enforce
violations pursuant to Sections 14 and 14C of Chapter 90.
-------Chapter 399 of the Acts of 2024 introduces a new Section 71 of Massachusetts General Law
Chapter 40; and
Section 71 of Massachusetts General Law Chapter 40 shall allow the City of Lowell to install and
operate a school bus violation detection monitoring system on a school bus to enforce violations
pursuant to Sections 14 and 14C of Chapter 90; and
Chapter 399 of the Acts of 2024 is attached and marked "A"; and
The City Council, pursuant to Council Rule 28, is required to hold a public hearing on this matter
at least one (1) week prior to this vote.
NOW THEREFORE, IT IS VOTED BY A MAJORITY VOTE OF THE CITY COUNCIL, AS
FOLLOWS;
That the City of Lowell, acting through its City Council, hereby accepts the Provisions of Section
71 of Massachusetts General Law Chapter 40, as inserted pursuant to Chapter 399 of the Acts of
2024, the “Act Concerning the Safety of School Children Embarking and Disembarking School
Buses”, which authorizes cities and towns to install and operate a school bus violation detection
monitoring system on a school bus to enforce violations pursuant to Sections 14 and 14C of
Chapter 90.

V:AcceptStatutes/c40s71

“A”
AN ACT CONCERNING THE SAFETY OF SCHOOL CHILDREN EMBARKING AND
DISEMBARKING SCHOOL BUSES
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
safeguard student safety, therefore it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public safety.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same, as follows:
SECTION 1. Chapter 40 of the General Laws is hereby amended by adding the following
section:Section 71. (a) As used in this section, the following words shall, unless the context clearly
requires otherwise, have the following meanings:
“District”, as defined in section 2 of chapter 70.
“School bus violation detection monitoring system” or “system”, as defined in section 14C of
chapter 90.
“Violation”, as defined in section 14C of chapter 90.
(b) A city or town that accepts this section may install and operate a school bus violation
detection monitoring system on a school bus to enforce violations pursuant to sections 14 and
14C of chapter 90. Any such system shall be used solely to monitor and detect violations of
motor vehicle operators who overtake or fail to stop for a school bus in violation of said section
14 of said chapter 90.
(c)(1) A city or town that accepts this section may enter into an agreement with a private
vendor or manufacturer to provide a school bus violation detection monitoring system, including
the installation, operation and maintenance of such systems, on each bus within its fleet whether
the school bus is owned or leased.
(2) Any money paid to the manufacturer or vendor of a school bus violation detection
monitoring system, including, but not limited to, equipment, shall be based upon the value of the
system and equipment installed and the recurring services provided in support of the school bus
violation detection monitoring system, including the processing of evidence files, cost of the
technology provided and maintenance of such technology, and shall not be based upon the
revenue generated by the use of the system.
(3) An agreement to provide a school bus violation detection monitoring system under this
section shall only become effective after consent by the applicable district, through a vote of a
majority of its governing school committee.
SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after section
14B the following 3 sections:Section 14C. (a) As used in this section and sections 14D and 14E, the following words shall,
unless the context clearly requires otherwise, have the following meanings:
“District”, as defined in section 2 of chapter 70.

“School bus violation detection monitoring system” or “system”, a camera system that
monitors and detects a motor vehicle overtaking or passing a school bus when the bus is stopped
and displaying front and rear alternating flashing red signal lights, as provided in section 7B,
when the bus has been stopped to allow pupils to alight from or board the bus. A school bus
violation detection monitoring system shall meet the requirements described in subsection (c).
“Stop arm traffic control sign”, a stop sign mounted on a mechanical arm installed on a school
bus that is deployed when a school bus is stopped to allow pupils to alight from or board the bus
and to notify motorists when they are required to stop and when they may proceed.
“Violation”, the failure of an operator of a motor vehicle to comply with section 14 and any
other laws, codes, regulations, by-laws, ordinances, rules or requirements governing traffic
control for school buses stopped to allow pupils to alight from or board the bus.
(b)(1) A city or town that accepts section 71 of chapter 40 may install and operate a school
bus violation detection monitoring system on a school bus to enforce violations by an operator of
a motor vehicle who overtakes or fails to stop their vehicle for a school bus when required to do
so pursuant to section 14.
(2) A school bus with a school bus violation detection monitoring system shall post signage
indicating that such system is in use on such bus. The signage shall remain on each such school
bus at all times while a school bus violation detection monitoring system is in operation.
(c)(1) All systems installed on a school bus shall produce an evidence file that includes: (i) a
live visual video image viewable remotely; (ii) a recorded video image of the license plate of a
vehicle committing a violation of the stop arm traffic control sign; and (iii) the capacity to record
the date, time and location of the vehicle committing a violation of the stop arm traffic control
sign; provided, however, that all recordings in an evidence file under this section shall be
destroyed in accordance with paragraph (2) of subsection (d) as applicable.
(2) A system’s recorded video images and still photographic images shall record the rear of
the motor vehicle with at least: (i) 1 photographic image and 1 recorded video image clearly
recording the motor vehicle immediately before the violation of the stop arm traffic control sign;
(ii) 1 photographic image and 1 recorded video image recording the motor vehicle passing the
stopped school bus with the stop arm traffic control sign in violation of the stop arm traffic
control sign; and (iii) 1 photographic image and 1 recorded video image that clearly identify the
license plate of the motor vehicle; provided, however, that all recordings in an evidence file
under this section shall be destroyed in accordance with paragraph (2) of subsection (d) as
applicable.
(3) To the extent practicable, any school bus violation detection monitoring system shall use
necessary technology to ensure that photographs or recorded video images produced by the
school bus violation detection monitoring system shall not include a frontal view photograph or
video image of the motor vehicle that is in violation of the stop arm traffic control sign or images
that identify the operator, passengers or contents of the vehicle; provided, however, that no notice
of liability issued under this section shall be dismissed solely because a photograph or recorded
video image allow for the identification of the operator, passengers or contents of a vehicle if a

reasonable effort has been made to comply with this subsection.
(d)(1) Other than for purposes of enforcement of a violation of this section or section 14 or
for purposes of an owner of a vehicle defending a violation of this section, recorded video
images and photographs taken or created under this section shall only be made available under
an order by a court of competent jurisdiction.
(2) All recorded video and photographic images and other information obtained through the
use of a school bus violation detection monitoring system, as authorized in this section, that do
not identify a violation shall be destroyed by a city, town, school department, district or vendor
within 30 days of the date the image was recorded, unless otherwise ordered by a court of
competent jurisdiction. All recorded video and photographic images and other information that
identify a violation shall be destroyed within 1 year of the final disposition of proceedings
related to the enforcement or defense of a violation, unless otherwise ordered by a court of
competent jurisdiction. Annually, within 30 days of the close of the fiscal year, each city, town,
school department, district and vendor under agreement utilizing at least 1 school bus violation
detection monitoring systems shall file a notice attested under penalties of perjury with the state
secretary that records have been destroyed in accordance with this paragraph. All recorded video
and photographic images and other information, however stored or retained, obtained through
systems authorized in this section shall be the property of the municipality under agreement with
a vendor or manufacturer under section 71 of chapter 40 and shall not be used by a vendor or
manufacturer for any other purpose. Upon the expiration of any agreement authorized under this
section, all such video and photographic images and other information shall be delivered within
30 days to the municipality who is a party to the agreement unless otherwise ordered by a court
of competent jurisdiction.
(3) The administrator of the school bus violation detection monitoring system within any city,
town or district accepting this section shall submit an annual report to the Massachusetts
Department of Transportation regarding the use and operation of each system. The report shall
contain: (i) data on the number of citations issued under this section, organized by intersection,
and of those citations shall detail: (A) the number of alleged violators who paid the applicable
fine without a request for a hearing; (B) the number of violators found responsible after a
hearing; and (C) the number of violations dismissed after a hearing; and (ii) the cost to maintain
each system and the amount of revenue obtained from each system.
Section 14D. (a)(1) An evidence file of an alleged violation under section 14C shall be
forwarded to a law enforcement officer in the jurisdiction who is trained to observe and detect a
violation of section 14.
(2) A law enforcement officer, or law enforcement officer’s approved technician, shall review
the video images and determine whether a violation occurred.
(3) The officer shall issue a citation if satisfied that a violation of section 14 was committed
and the vehicle committing the violation can be identified from its registration plate.
(b) A certificate, or a facsimile thereof, sworn to or affirmed by a police officer or other law
enforcement officer authorized to issue motor vehicle citations for violations of traffic laws

stating that based upon inspection of the evidence file produced by a school bus violation
detection monitoring system the vehicle was in violation of section 14 shall be prima facie
evidence of the facts contained therein.
(c) Any recorded video images or still photographic images produced by a school bus
violation detection monitoring system evidencing a violation of section 14 shall be available for
inspection in any proceeding to adjudicate the liability for the violation adopted under this
section.
Section 14E. (a) In all actions of civil traffic violations based on evidence obtained from a
school bus violation detection monitoring system under section 14C, the registered owner of the
motor vehicle shall be primarily responsible except as otherwise provided in this section.
(b) If the registered owner of a vehicle operated in violation of section 14 was not the
operator of the vehicle at the time of the violation, the registered owner of the vehicle shall: (i)
assume liability for the violation by paying the fine; (ii) upon written receipt of the citation,
provide the issuing authority within 30 days of the date of issuance of the citation with the name,
address and registration plate number of the operator of the vehicle who was responsible along
with a signed affidavit acknowledging such information and attesting to its veracity; or (iii)
defend the violation pursuant to the procedures established for traffic violations under this
chapter.
(c) A corporation that owns or leases a vehicle identified as being in violation of section 14
by a school bus violation detection monitoring system under this section shall be primarily
responsible for such violation even if a person who normally operates the vehicle for the
corporation denies that such person was operating the vehicle at the time of the violation;
provided, that no violation entry shall be made on the person’s driving record.
(d)(1) A penalty imposed for a violation of this section shall not be considered a criminal
conviction and shall not be considered a moving violation of the motor vehicle laws for the
purpose of determining surcharges on motor vehicle premiums pursuant to section 113B of
chapter 175; provided, however, that the violation shall be noted on the registered owner or
operator’s driving record.
(2) The fines pursuant to section 14 for a failure to stop for a school bus shall apply to a
violation of said section 14 whether the violation is detected through the use of a school bus
violation detection monitoring system or by a police officer on scene who issues a written
citation to the operator of the motor vehicle. Pursuant to section 2 of chapter 280, all fines
imposed for a violation of section 14 that is detected by a school bus violation detection
monitoring system or by a police officer at the scene who cites the operator in hand shall be paid
to the treasury of the city or town where the offense was committed.
(e) Upon the determination of a violation through the use of a school bus violation detection
monitoring system, the chief of police of the city or town, or any designee of the chief, shall
issue the owner of the vehicle a citation pursuant to chapter 90C.
Approved, January 10, 2025.

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

February 3rd, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
Dear Mayor Gitschier and Members of the Lowell City Council,
I am writing to express support for the adoption of Chapter 399 of the Acts of 2024, which
authorizes municipalities to implement automated traffic enforcement cameras on school buses.
This initiative represents a significant step forward in enhancing student safety and modernizing
enforcement practices within our community.
Under this law, municipalities can install cameras on school buses to detect and penalize vehicles
that unlawfully pass a stopped bus with its stop arm extended and red lights flashing. Violations
would result in a civil penalty of $250, issued by mail to the registered vehicle owner.
Importantly, the legislation includes robust privacy protections, prohibiting facial recognition
and requiring timely deletion of data after resolution.
The benefits of adopting this program are clear:
• Enhanced Student Safety: Automated enforcement serves as a strong deterrent against
dangerous driving behaviors near school buses.
• Supplemental Enforcement: This system provides additional coverage without
increasing police staffing needs.
• Data-Driven Planning: Information collected can help identify high-risk areas and
inform future safety improvements.
Other communities, such as Methuen, have successfully implemented this program,
demonstrating its feasibility and effectiveness. I ask the Council to consider formal acceptance of
Chapter 399 and authorize the necessary steps to begin implementation.
Sincerely,

Thomas A. Golden, Jr.
City Manager
CC: William Skinner, Superintendent Lowell Public Schools

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council:
VOTE
To establish a School Bus Violation Stabilization Fund as authorized by MGL c. 40, §5B (4th
paragraph) and to dedicate one hundred (100%) per cent of revenue collected from the school bus
automated traffic enforcement camera fines into said fund to be used, subject to appropriation by
a two-thirds majority of the City Council and at the sole discretion of the City’s Chief Financial
Officer, to offset high transportation costs for the Lowell Public Schools, including, but not limited
to, out-of-district special education transportation, fuel and maintenance costs and safety
improvements at bus stops, as well as additional enforcement measures and any other related
expenses pertaining to said enforcement measures.
-------NOW, THEREFORE, BE IT VOTED BY A TWO-THIRDS VOTE, as follows:
That an School Bus Violation Stabilization Fund is hereby established, as authorized by
Massachusetts General Laws, chapter 40, §5B (4th paragraph), and funds shall be used, subject to
appropriation by a two-thirds majority of the City Council and at the sole discretion of the City’s
Chief Financial Officer, to offset high transportation costs for the Lowell Public Schools,
including, but not limited to, out-of-district special education transportation, fuel and maintenance
costs and safety improvements at bus stops, as well as additional enforcement measures and any
other related expenses pertaining to said enforcement measures.

AND BE IT FUTHER VOTED BY A TWO-THIRDS VOTE,
That, one hundred (100%) per cent of fees collected from the school bus violation detection
monitoring system, shall be as authorized by Massachusetts General Laws, chapter 40, §5B (4th
paragraph).

V:stabilizationfund/schoolbus

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

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Conor Baldwin, Chief Financial Officer

CC:
William Skinner, Superintendent of Lowell Public Schools
Dr. Derek Pinto. Assistant Superintendent of Finance
DATE:

February 3rd, 2026

SUBJECT:

Vote to Create a School Bus Violation Stabilization Fund

As the City considers implementing automated traffic enforcement cameras under Chapter 399
of the Acts of 2024, the Finance Team recommends establishing a dedicated stabilization fund to
manage any revenue generated from fines. Creating a special fund under M.G.L. c. 40, § 5B
would allow the City to allocate 100% of fine revenue toward critical transportation needs within
the Lowell Public Schools. This approach offers several financial advantages:
•

Budgetary Relief for Transportation Costs: Lowell currently faces significant
expenses for out-of-district special education transportation, fuel, and maintenance.
Redirecting enforcement revenue to these areas can offset rising costs and reduce
pressure on the general fund.

•

Predictable Funding Stream: Establishing a dedicated fund creates a reliable source of
revenue for transportation-related improvements, reducing reliance on volatile state aid or
one-time appropriations.

•

Capital Planning Support: Funds can be earmarked for long-term investments such as
bus stop safety enhancements, fleet upgrades, and technology improvements, aligning
with the City’s capital improvement plan.

•

Transparency and Accountability: A separate fund ensures clear tracking of revenues
and expenditures

Please let me know if they’re any questions.

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

February 3rd, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
Dear Mayor Gitschier and Members of the Lowell City Council,
As the City explores the implementation of automated traffic enforcement cameras under
Chapter 399 of the Acts of 2024, I strongly recommend establishing a dedicated stabilization
fund to manage any revenue generated from fines. This measure will ensure that the program’s
financial structure aligns with its core mission: protecting students and improving transportation
safety.
Creating a special fund under M.G.L. c. 40, § 5B would allow the City to allocate 100% of fine
revenue toward critical transportation needs within the Lowell Public Schools. By earmarking
these resources for transportation-related expenses, we can provide long-term budgetary relief
while reinforcing the program’s public safety objectives. Further financial benefits are discussed
in the memorandum by the Chief Financial Officer.

Sincerely,

Thomas A. Golden, Jr.
City Manager
CC: William Skinner, Superintendent Lowell Public Schools

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council

VOTE

An Act relative to the consolidation of administrative functions of the school committee
with the city.
------BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF LOWELL, as follows:
Voted, to petition the General Court to the end that legislation be adopted precisely as
follows. The General Court may make clerical or editorial changes of form only to the bill, unless
the City Manager approves amendments to the bill before enactment by the General Court. The
City Manager is hereby authorized to approve amendments which shall be within the scope of the
City Council and general public objectives of this petition.
AN ACT RELATIVE TO THE CONSOLIDATION OF ADMINISTRATIVE FUNCTIONS OF
THE SCHOOL COMMITTEE WITH THE CITY.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the
authority of the same as follows:
SECTION 1. Notwithstanding the provisions of chapter forty-one or chapter seventy-one or any
other special or general law to the contrary, the City of Lowell may consolidate administrative
functions, including but not limited to financial, personnel, and maintenance functions, of the
school committee with those of the city; such consolidation may occur only upon a majority vote
of the city council.
SECTION 2. Notwithstanding any general or special law to the contrary, a decision to consolidate
functions pursuant to Section 1 may be revoked by a majority vote of the city council.
SECTION 3. This act shall take effect upon its passage.

V:SpecialLegislation/2026

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

February 3, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
Dear Mayor Gitschier and Members of the City Council:
I am hereby requesting the City Council’s approval to file special legislation on behalf of the
City of Lowell, as required by c. 71 §37M of the Massachusetts General Laws, to allow for the
Consolidation of administrative functions of the School Committee with the City.
Consolidating the administrate functions of the School Committee and City is the first step in
creating a formal merger between the city and school facilities departments. The request for the
development of a unified facilities department comes by way of multiple City Council motions
over many years. Most recently, on January 27, 2026, the City Council passed a motion formally
requesting special legislation to amend M.G.L. c. 71 §37M.
This proposed legislation will, if approved by the City Council, lay the foundation for a future
consolidated facilities structure that falls solely within the authority of the City Council.
The Law Department has prepared a vote to authorize passage of this proposed special
legislation.
Please do not hesitate to let me know if there are any questions.
Sincerely,

Thomas A. Golden, Jr.
City Manager

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council
ORDINANCE
An Ordinance Amending "Code of the City of Lowell, Massachusetts", with respect to
Chapter 290, Thereof Entitled, "Zoning” by adding and amending various sections.
--------------WHEREAS, with the proliferation of Data Center expansion in Massachusetts, cities
and towns have taken moratoriums under advisement, in order to review their zoning and land
use, and to formulate regulations governing the impacts of these facilities, which require
adoption by ordinance of the governing body of a city or town; and
WHEREAS, the City of Lowell’s zoning and land use and development regulations are
found in the Lowell Zoning Code, which currently makes no specific provision for Data Centers
within the City, either by right or special use permit.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOWELL, as follows:
"Code of the City of Lowell, Massachusetts", hereinafter called the "Code", adopted by
the City Council on December 23, 2008, as amended, is hereby further amended with respect to
Chapter 290, entitled "Zoning,” adopted December 7, 2004, as amended, as follows:
1.

Amend Article II Definitions by inserting a new paragraph as follows:

DATA CENTERS: a building or series of buildings, with the intended primary use being
commercial, that houses and supports the high-performance servers, storage systems, networking
equipment, and related computing infrastructure and equipment necessary for storing, processing,
and distributing data and applications.
2.

Amend Article VII Special Regulations by inserting a new Section 7.11 as follows:
7.11

360-DAY MORATORIUM ON “DATA CENTERS”

1. The purpose of this temporary moratorium is to provide the City an opportunity to better
understand the impacts, if any, that the construction, expansion, and operation of Data
Centers will have on City infrastructure and, more generally, the overall quality of life for
the residents of Lowell. As a result, the City shall conduct an analysis and/or
comprehensive study to determine the impact of said construction on police, fire, and
emergency public safety, the school district, water, sewer, roadway infrastructures and the
safety of the general public. This list of potential impacts is not exhaustive and may include
additional impacts, as identified.
2. There is hereby imposed, effective immediately, a 360-day moratorium on any new
construction and development within the City of Lowell, MASSACHUSETTS, of “Data

Centers”, as defined above. Said moratorium prohibits acceptance by the City of Lowell of
any new applications and permits for zoning permissions and decisions for the intended
purpose of the development and operation of a Data Center. Should the Lowell Zoning
Code be amended prior to the expiration of the 360-day period to regulate Data Centers,
the moratorium shall terminate on the effective date of amendment. The moratorium period
may be extended, one (1) time, by a 2/3 vote of the City Council, not to exceed 180 days.
3. During the term of this moratorium, City staff shall review current Zoning Codes and
Regulations, seek recommendations and input from industry experts and professionals with
specific knowledge of Data Centers and any impacts these facilities have on the
community, and to propose revisions to the Lowell Zoning Code, when deemed
appropriate, to be placed before the Lowell City Council for consideration.
4. The Department of Planning and Development shall consult with other City departments
to ensure any recommendations address the impact on power, water, sewer availability and
capacity limitations, noise, as well as any potential legal implications. Said
recommendations shall also consider the impact on traffic and any other adverse impact on
adjacent infrastructure.
5. Emphasis should also be given to enforcement of regulations following construction and
development, including operational limitations reasonably intended to ameliorate public
concerns of legitimate land uses.
6. The Lowell Department of Planning and Development shall develop a timeline, within the
360-day period, to allow for recommendation and adoption of amendments to the Lowell
Zoning Code in accordance with the procedures set forth in M.G.L. c. 40A. If during this
study, staff find and conclude any provisions of the Lowell Zoning Code require
revision(s), recommendation(s) shall be made accordingly to the Lowell City Council.
3.
Amend Article XII: 12.9 Table of Industrial Uses, by inserting a new section “w” as
follows:
12. 9. INDUSTRIAL
USES
w. Data Centers

Suburban
N

Traditional
Neighborhood
N

Urban
N

Special
Purpose
N

Industrial
N

4.
This Ordinance shall take effect upon its passage in accordance with Section 1.7 of the
"Lowell Zoning Ordinance" and the provisions of Chapter 43 and 40A of the General Laws of
Massachusetts.

APPROVED AS TO FORM:

Corey Williams
City Solicitor
Ordinance/zoning/datacenters

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

February 3, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
RE: 360-Day Moratorium on “Data Centers”
Dear Mayor Gitschier and Members of the City Council:
Enclosed with this letter please find a proposed ordinance to amend Chapter 290 of the Code of
Ordinances City of Lowell by adding language to place a 360-day moratorium on any new
construction or development of “Data Centers” within the City.
With the proliferation of Data Center expansion in Massachusetts, many cities and towns have
taken moratoriums under advisement, in order to review their zoning and land use, and to
formulate regulations governing the impacts of these facilities. The purpose of this temporary
moratorium is to provide the City an opportunity to better understand the impacts on
infrastructure and overall quality of life for residents that the construction, expansion, and
operation of Data Centers will have on City.
This ordinance amendment comes before you by way of a request by the City Council on
January 13, 2026, with a further request for amendment on January 27, 2026. With guidance
from the Department of Planning and Development, the Law Department has prepared a vote to
authorize the passage of this proposed ordinance amendment.
Please do not hesitate to let me know if there are any questions.
Sincerely,

Thomas A. Golden, Jr.
City Manager

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council
ORDINANCE
An Ordinance Amending the Code of Ordinances City of Lowell, Massachusetts, with respect to
Chapter 222, entitled “Peace and Good Order,” by adding § 222.24 entitled “School Bus Violation
Detection and Enforcement.”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOWELL, as follows:
“The Code of Ordinances City of Lowell, Massachusetts” hereinafter the “Code,” adopted by the
City Council on December 23, 2008, is hereby amended with respect to Chapter 222 with the
establishment of a new Section 24 entitled “School Bus Violation Detection and Enforcement,” as
follows:
§ 222-24 School Bus Violation Detection and Enforcement.
A. INTENT.
(1) The Commonwealth of Massachusetts authorizes municipalities to use a school bus
violation detection monitoring system to enforce traffic violations pursuant to
Sections 14 and 14C of Chapter 90 of the Massachusetts General Laws and impose
monetary liability on vehicles that illegally pass a school bus.
(2) The City of Lowell accepts and adopts M.G.L c. 40 section 71 pursuant to sections
14 and l 4C of chapter 90.
B. AUTHORITY
(1) The City hereby establishes a school bus violation detection monitoring system
program to impose monetary penalties pursuant to the Massachusetts General Laws
against vehicle owners who fail to stop for a school bus in violation of M.G.L. c.
90 Section 14.
C. DEFINITIONS.
Violation
The failure of an operator of a motor vehicle to comply with M.G.L. c. 90 Section
14 and any other laws, codes, regulations, by-laws, ordinances, rules or
requirements governing traffic control for school buses stopped to allow pupils to
alight from or board the bus.
School Bus Violation Detection Monitoring System

A camera system that monitors and detects a motor vehicle overtaking or passing a
school bus when the bus is stopped and displaying front and rear alternating
flashing red signal lights, when the bus has been stopped to allow pupils to alight
from or board the bus. A school bus violation detection monitoring system shall
meet the requirements described in M.G.L. c. 90 Section 14C and M.G.L c. 30B.
D. INSTALLATION AND OPERATION OF SCHOOL BUS VIOLATION DETECTION
MONITORING SYSTEMS
(1) The City, in compliance with M.G.L c. 30B, may enter into an agreement with a
private vendor or manufacturer to provide a school bus violation detection
monitoring system, including the installation, operation and maintenance of such
systems, on each bus within its fleet whether the school bus is owned or leased.
Such agreement may become effective after consent by a school district, through a
vote of a majority of its governing school committee.
(2) All school buses equipped with school bus violation detection monitoring system
shall post signage indicating that such system is in use on such bus.
(3) A school bus violation detection monitoring system shall record video images and
still photographic images of the motor vehicle with at least:
(a) one (l) photographic image and one (I) recorded video image clearly
recording the motor vehicle immediately before the violation of the stop
arm traffic control sign;
(b) one (1) photographic image and one (I) recorded video image recording
the motor vehicle passing the stopped school bus with the stop arm traffic
control sign in violation of the stop arm traffic control sign; and
(c) one (1) photographic image and one recorded video image that clearly
identify the license plate of the motor vehicle.
(4) Other than for purposes of enforcement of a violation of this section or M.G.L. c.
90 Section 14 or for purposes of an owner of a vehicle defending a violation of this
section, recorded video images and photographs taken or created under this section
shall only be made available under an order by a court of competent jurisdiction.
E. REVIEW AND ISSUANCE OF CITATIONS.
(1) Evidence files from school bus violation detection: monitoring system shall be
reviewed by law enforcement or a law enforcement officer's approved technician
who shall issue a citation by first class mail if satisfied that a violation of M.G.L. c.
90 Section 14 was committed and the vehicle committing the violation can be
identified from its registration plate.
(2) A certificate, or a facsimile thereof, sworn to or affirmed by a police officer or other
law enforcement officer authorized to issue motor vehicle citations for violations
of traffic laws stating that based upon inspection of the evidence file produced by

a school bus violation detection monitoring system the vehicle was in violation of
M.G.L. c. 90 Section 14 shall be prima facie evidence of the facts contained therein.
(3) Any recorded video images or still photographic images produced by a school bus
violation detection monitoring system evidencing a violation of M.G.L. c. 90
Section 14 of Chapter 90 shall be available for inspection in any proceeding to
adjudicate the liability for the violation.
(4) All systems installed on a school bus shall produce an evidence file that includes:
(a) a live visual video image viewable remotely;
(b) recorded video image of the license plate of a vehicle committing a
violation of the stop arm traffic control sign; and
(c) the capacity to record the date, time and location of the vehicle
committing a violation of the stop arm traffic control sign; provided,
however, that all recordings in an evidence file under this section shall be
destroyed in accordance with Sections J and K of this ordinance.
(5) A system's recorded video images and still photographic images shall record the
rear of the motor vehicle with at least:
(a) One (1) photographic image and one (I) recorded video image clearly
recording the motor vehicle immediately before the violation of the stop
arm traffic control sign;
(b) One (1) photographic image and one (1) recorded video image recording
the motor vehicle passing the stopped school bus with the stop arm traffic
control sign in violation of the stop arm traffic control sign; and
(c) One (1) photographic image and one (I) recorded video image that clearly
identify the license plate of the motor vehicle; provided, however, that all
recordings in an evidence file under this section shall be destroyed in
accordance with state statute.
F. OWNER LIABILITY
(1) In all actions of civil traffic violations based on evidence obtained from a school
bus violation detection monitoring system under M.G.L. c. 90 Section 14C, the
registered owner of the motor vehicle shall be primarily responsible except as
provided in M.G.L. c. 90 Section 14E and this ordinance.
(2) If the registered owner of a vehicle operated in violation of M.G.L. c. 90 Section
14 was not the operator of the vehicle at the time of the violation, the registered
owner of the vehicle shall:
(a) Assume liability for the violation by paying the fine;
(b) Upon written receipt of the citation, provide the issuing authority within
30 days of the date of issuance of the citation with the name, address and
registration plate number of the operator of the vehicle who was
responsible along with a signed affidavit acknowledging such information
and attesting to its veracity; or

(c) Defend the violation pursuant to the procedures established for traffic
violations under this ordinance.
(3) A corporation that owns or leases a vehicle identified as being in violation of
M.G.L. c. 90 Section 14 by a school bus violation detection monitoring system
under this section shall be primarily responsible for such violation even if a person
who normally operates the vehicle for the corporation denies that such person was
operating the vehicle at the time of the violation; provided, that no violation entry
shall be made on the person's driving record.
G. CITATION REQUIREMENTS
(1) Pursuant to Chapter 90, the chief of police, or any designee of the chief, shall issue
the owner of the vehicle a citation which is mailed to the owner of a vehicle
involved in the traffic violation. The citation and mailing shall contain the following
inforn1ation:
(a) The name and address of the owner of the motor vehicle;
(b) The number plate of the motor vehicle;
(c) The date, location and time of the alleged violation;
(d) A copy of or information on how to view, through electronic means, the
recorded images produced by a school bus violation detection monitoring
system evidencing an alleged violation of M.G.L. c. 90 section 14.
(e) A certificate, or a facsimile thereof, sworn to or affirmed by a police
officer or other law enforcement officer authorized to issue motor vehicle
citations for violations of traffic laws stating that based upon inspection
of the evidence file produced by a school bus violation detection
monitoring system the vehicle was in violation of M.G.L. c. 90 section
14;
(f) The amount of the fine imposed;
(g) Instructions to the violator that within twenty (20) days of the date of the
citation the violator must either pay the scheduled assessment or contest
responsibility for the infraction by following the procedures under M.G.L
c. 40U.
(h) Notice of the right to contest the citation pursuant to M.G.L. c. 90 section
14E; and
(i) Information advising the owner of the motor vehicle of the procedure for
disclaiming liability by providing the issuing authority within 30 days of
the date of issuance of the citation with the name, address and registration
plate number of the operator of the vehicle who was responsible along
with a signed affidavit acknowledging such information and attesting to
its veracity.
H. PENALTIES
(1) A penalty imposed for a violation of M.G.L. c. 90 Section 14 as evidenced by a
school bus violation detection monitoring system shall not be considered a criminal
conviction and shall not be considered a moving violation of the motor vehicle laws
for the purpose of determining surcharges on motor vehicle premiums pursuant to

Section 113B of Chapter 175; provided, however, that the violation shall be noted
on the registered owner or operator's driving record.
(2) The fines pursuant to M.G.L. c. 90 Section 14 for a failure to stop for a school bus
shall apply to a violation of said M.G.L. c. 90 Section 14 whether the violation is
detected through the use of a school bus violation detection monitoring system or
by a police officer on scene who issues a written citation to the operator of the motor
vehicle
(3) Fines:
(a) First Offense: not less than $250;
(b) Second Offense: not less than $500 nor more than $1,000; and
(c) Subsequent Third Offense: not less than $1,000 nor more than $2,000.
(4) Pursuant to M.G.L c. 280 section 2, all fines imposed for a violation of M.G.L. c.
90 Section 14 that is detected by a school bus violation detection monitoring system
or by a police officer at the scene who cites the operator in hand shall be paid to the
treasury of the city or town where the offense was committed.
I. CONTESTING LIABILITY
(1) Upon receiving a citation, the owner of the motor vehicle may elect to defend the
violation pursuant to the procedures established for traffic violations under M.G.L.
c. 90 and M.G.L. c. 40U.
J. RECORD KEEPING AND REPORTS
(1) The City shall submit an annual report to the Massachusetts Department of
Transportation regarding the use and operation of each school bus violation
detection monitoring system.
(2) The report shall contain:
(a) Data on the number of citations issued, organized by intersection, and of
those citations shall detail:
1. The number of alleged violators who paid the applicable fine
without a request for a hearing;
2. The number of violators found responsible after a hearing; and
(b) The cost to maintain each system and the amount of revenue obtained
from each system.
K. USE OF DATA CAPTURED
(1) All recorded video and photographic images and other information obtained
through the use of a school bus violation detection monitoring system, as authorized
in this section, that do not identify a violation shall be destroyed by the City of
Lowell or its vendor within 30 days of the date the image was recorded, unless
otherwise ordered by a court of competent jurisdiction.
(2) All recorded video and photographic images and other information that identify a
violation shall be destroyed within one (1) year of the final disposition of
proceedings related to the enforcement or defense of a violation, unless otherwise

ordered by a court of competent jurisdiction. Annually, within 30 days of the close
of the fiscal year, the City of Lowell and its vendor under agreement utilizing at
least one (1) school bus violation detection monitoring systems shall file a notice
attested under penalties of perjury with the state secretary that records have been
destroyed in accordance with this paragraph.
(3) All recorded video and photographic images and other information, however stored
or retained, obtained through systems authorized in this section shall be the property
of the City of Lowell under agreement with a vendor or manufacturer under section
71 of chapter 40 and shall not be used by a vendor or manufacturer for any other
purpose.
(4) Upon the expiration of any agreement authorized under this section, all such video
and photographic images and other information shall be delivered within 30 days
to the City of Lowell who is a party to the agreement unless otherwise ordered by
a court of competent jurisdiction.
All provisions of the Code of the City of Lowell, as amended, which are consistent with this
Ordinance, shall continue in effect, but all provisions of said Code inconsistent herewith, are
repealed.
This Ordinance shall take effect upon its passage in accordance with the provisions of Chapter 43
of Massachusetts General Laws.
APPROVED AS TO FORM:

Corey Williams
City Solicitor

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

February 3rd, 2026
Mayor Erik R. Gitschier
And
Members of the Lowell City Council
Dear Mayor Gitschier and Members of the Lowell City Council,
I am writing to recommend the establishment of a fee structure to support the implementation of
automated traffic enforcement cameras on school buses, as authorized under Chapter 399 of the
Acts of 2024. This step is essential to ensure the program’s success and sustainability while
reinforcing our commitment to student safety.
Other municipalities have successfully implemented similar programs, demonstrating both
feasibility and positive impact. By establishing a clear fee structure now, we position Lowell to
protect our students effectively and responsibly. I respectfully request that the Council approve
the establishment of this fee.
Sincerely,

Thomas A. Golden, Jr.
City Manager
CC: William Skinner, Superintendent Lowell Public Schools