City Council

METHUEN CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 2, 2023 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 41 PLEASANT STREET, METHUEN, MA Chair Zeigler called the regular meeting to order at 7:00 p.m. Members present: Clr. Finocchiaro, Clr. McCarty, Clr. Saba, Clr. Saffie, Clr. Simard, Clr. Beauregard, Clr. DiZoglio, Clr. Faretra, Chair Zeigler. Acceptance of the Agenda MOTION BY: Councilor Faretra, seconded by Councilor Simard to accept. UPON VOTE: UNANIMOUS Pledge of Allegiance/Invocation/Moment of Silence Everyone stood for the Pledge of Allegiance and the Invocation given by Chair Zeigler. Council observed a Moment of Silence for Charles Lyons Organizational Business - None Reading and Acceptance of Minutes from Previous Meetings • September 18, 2023 regular meeting MOTION BY: Councilor Faretra, seconded by Councilor Beauregard to approve. UPON VOTE: UNANIMOUS. • September 11, 2023 Special Meeting MOTION BY: Councilor Faretra, seconded by Councilor Beauregard to approve. UPON VOTE: 8 yes, 1 present (Clr. Finocchiaro) Proclamations/Correspondence: None Consideration of Appointments: None Presentations/Projects/Department Updates: None Public Participation Mike Welch, 3 Nelson Avenue, distributed a packet providing background on Nelson Avenue which he spoke about. Several items mentioned, 3/2/67 and 6/7/72 documents can not be found. The city has no record of them. He was told records were damaged and destroyed. You do not throw records away. You record what was damaged. He said he has not received a definition of unaccepted/accepted ways. Residents of Nelson Avenue are 12% of the traffic. The rest of the traffic are the apartments and Jade Street. The road criteria need to be brought up. He was talking with Steve Gagnon about Chapter 90 money and does see any reason why the roadway can not be sealed. Also, there is a bus stop at the end of Nelson Avenue. Today he received some references to books at the Registry of Deeds. He is hoping to get some answers. 1 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 2, 2023 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 41 PLEASANT STREET, METHUEN, MA Mayor’s Report Request of Councilor DiZoglio Information on Sober Home on Dedham Street Mayor Perry indicated they did not get to the Sober Home on Dedham Street. Four people are out for the bulk of this week. The Mayor reported that the Solicitor helped him draft a letter to the Governor and Lt. Governor. There were 104 separate code violations at Day’s Inn. We need something that does not keep us going back and back to the hotel. “How is he supposed to tell taxpayers?” City officials have made daily visits to the hotel. The Governor’s office tried to call him off. Multiple individuals called with complaints. The city is required to look. They shut the kitchen and the dining area. Live rodents were seen in occupied rooms. He copied CTI and the hotel owner. Councilors will receive a copy in the morning. He will follow up with the Dedham Street sober home. Request of Councilor Finocchiaro OPEB Presentation and Unfunded Liability CAFO Duprey said she is planning to put this on the October 16th Council meeting. Mayor Perry reported the city is north of 5M$ which would allow us to do things for our citizens who are struggling. We can help residents. He will bring forward agenda items at the October 16th meeting. General Requests Councilor Saba asked for the status of the billboards. Mayor Perry stated the billboards are gone. Councilor Saba spoke of the Council voting down the School Department budget. They (school department) gave a token amount and there was going to be a full comprehensive audit. Mayor Perry said he has been talking to people and is not only asking for usage of money, but the kids read at 34%. They must make a bigger improvement. Taking the goal to 80% is impossible and they need to have a more realistic goal. When he comes back to Council with an audit that is other areas they are going to look at and what is the approach. Councilor Saba noted the audit would include curriculum. Regarding Nelson Avenue, the city must maintain the road enough so that it is passable. He asked why Nelson Avenue could not be put on the list to patch the potholes and seal it. Mayor Perry said the patches will not hold. Steve Gagnon is looking at it. Mayor Perry brought it to the Council’s attention that the Methuen Housing Authority requested assistance in their refurbishing project. They are approximately $110,000 short and asked the city to consider helping. The Mayor said he spoke with the Solicitor. The money comes from the state. He indicated he is not taking any action on it. Councilor Faretra said he would like to have someone present at the next Council meeting to discuss Nelson Avenue. He asked the Mayor to confirm. Mayor Perry indicated he could do that. Councilor Faretra asked if the Council could sign on to the Mayor’s letter to the Governor’s office. 2 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 2, 2023 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 41 PLEASANT STREET, METHUEN, MA Solicitor Rossetti explained there would have to be a vote to authorize and there is not an item on the agenda tonight. Councilor Faretra suggested the Mayor could send his letter and Council do a separate one. Councilor McCarty noted the main point of Nelson Avenue is to make it safe. The reading level in the report came out at 34%. Then it will be at 80%. Maybe getting halfway to that is more practical. Day’s Inn is something that needs to stay on the state. The Methuen Housing Authority shortage of 100,000/200,000 or 300,000, we need to find out why that happened. Councilor Saffie requested that Quincy Street be placed on the next agenda. As far as Nelson Avenue “the city can’t find it should not be an excuse” or lack thereof considered negative. Mayor Perry explained there are serious consequences for misuse of Chapter 90 funds. He presented a road service rating study identifying roads that most need them. there are a lot of unaccepted way in Methuen. There is four million dollars in the CIP allocated to do additional paving. He noted the city does not bring the road up to specifications. The developer does. if there is a solution, we will get there. Councilor DiZoglio indicated Council received a preliminary list and have been waiting for a final list. That needs to be published. It is crucial to understand when we have residents who had a recycling presentation. The residents presented a lot of documents and gave a thorough presentation. Mayor Perry explained the city needs to be cautious because of the HOA agreements. HOA is bought and sold privately. For example, he made the decision to stop plowing a driveway on Route 28. He must do things because it is about consequences to the rest of the city. Councilor DiZoglio commented the city needs to provide a response. Mayor Perry said the condo owners need to bring in their Purchas and Sales agreements. That is where the key lies not to pick up trash. Councilor DiZoglio asked when Day’s Inn would receive penalties and fines. Mayor Perry indicated HSSI staff are out with COVID. The code violations were delivered. He does not have an issue with the homeless. Councilor DiZoglio indicated there are people in that facility that should not be in there. He asked at what point do the violations shut the whole building. Mayor Perry explained the city shut down the kitchen and the main dining room. That creates another issue of food and rodents in the occupied rooms Councilor DiZoglio commented it is a health issue and fire issue. Councilor Simard indicated he spoke with Mr. Welch last February. Nelson Avenue is a lot worse in the winter. He was told the first 200’ was unaccepted. When that ices over kids must walk in the road. It is an issue that must be addressed. Sean Wilson from CTI watched the last Council meeting. The city should go out and maybe have a plan to make Day’s Inn comply. Councilor Finocchiaro stated that the unaccepted way list needs to be accurate. People might act based off that list. There is a list to go to, but she is concern it could be wrong. The city needs to make sure the list is accurate. If it is not complete and accurate maybe it could be done in phases. Regarding recycling issue, if there is anything the Mayor could share with 3 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 2, 2023 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 41 PLEASANT STREET, METHUEN, MA Council as well as a letter to discuss the homeless shelter at Day’s. we need to make sure we are representing the city in a united way. Her preference is to have a role in letters coming from the body. Solicitor Rossetti indicated he could start a response in terms of the subject areas Councilors brought up. Councilor Saba explained the Housing Authority made it clear to him he had no authority. He felt bad for the residents. The Housing Authority cannot have it both ways. He spoke with Nancy Reardon and Ray Surillo regarding how he and the residents were treated. Council Saba asked if the city has any authority and why are they coming to us for help. Solicitor Rossetti indicated he gave an advisement on recycling. Councilor Finocchiaro explained there are three items: unaccepted ways, recycling, and the letter if it goes out (joint letter or separate), and any other advisement in writing. Solicitor Rossetti said he looked at what the Mayor put together and it has his blessing. Chair Zeigler commented she is perplexed why the Housing Authority is coming to the city for money. State grants are allocated and available. She asked why they are short on funds. This is not a mechanism that should be used. Mayor Perry indicated he has been talking legally through what is our requirement here. Chair Zeigler said other municipalities do not do this. Chair Zeigler said she would consider a separate meeting before a regular meeting regarding Nelson Avenue. There are inconsistencies with the state for unaccepted ways. She asked if there is room to consider what ever is going to work set aside out of the four million dollars for additional paving. Councilor Faretra requested that the city talk about money brought in at the transfer station at the next meeting. Public Service a. Grants: None b. Licenses: Special Excavation License – Pleasant Valley Farm – Columbia Gas Company – Wingate Ave MOTION BY: Councilor DiZoglio, seconded by Councilor Faretra to approve. Councilor McCarty asked if this requires a public hearing. Solicitor Rossetti responded it does not require a public hearing. UPON VOTE: UNANIMOUS c. Contracts: C-24-10 The Stirm Group, 112 Parker Street, Newburyport, MA 01950 for Police Evidence Tracking Software Solutions in the Amount of $422,613.70 (remove from the table) MOTION BY: Councilor McCarty, seconded by Councilor Faretra to remove from the table. UPON ROLL CALL VOTE: 5 yes, 4 no (Clr. Saffie, Clr. Simard, Clr. Beauregard, Clr. Clr. DiZoglio) MOTION BY: Councilor Faretra, seconded by Councilor McCarty to approve. Councilor McCarty commented that this comes as a service. At some point we are going to have to take inventory. It is a project that must happen. Any Chief must have a proper catalog 4 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 2, 2023 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 41 PLEASANT STREET, METHUEN, MA of evidence. This is state of the art technology. Look at it as something that needs to happen. To do less would be a detriment to the community. He is in favor of this. Councilor Faretra noted there has been a lot of discussion and biggest item was the price tag. He understands the other communities got this cheaper. It is more efficient to have the company come in and do this. He would rather have officers out on the street. He spoke with someone who worked for nine Chiefs and none of them have walked in there. Councilor DiZoglio said doing the tour brought up other concerns such as update to evidence, questions about the future of the building. The locker room is not equipped to support the infrastructure. Councilor Saba said he is in favor, then against. He said he spoke with the retired police Chief in Braintree and he could not speak more highly of this. Look at what we pay for technology and radios. This technology. The cost of installation includes their labor/RFD tagging, everything. The annual maintenance cost is a concern. He is not sure why we are paying a maintenance fee for the first year. Chief McNamara explained when the city received the first bid, it was not as detailed. The vendor came back with the detail which included a maintenance fee. Look at it as a car warranty. When does the warranty begin? Larry Smith, Vendor Representative, explained the reason he broke it out. The warranty begins Ninety days after installation and the system is completely operational. Councilor Saba asked if every officer is going to have access. Chief McNamara said officers coming in with evidence may tag them when they first come in. Councilor Simard indicated two officers are going to handle evidence. Mr. Smith said in 2021 they became a distributor in Braintree. He said he sent out an RFP in Mass. Councilor Simard commented this is a lot of money. He would rather put on more officers and buy more cruisers. 24/7 nothing ever happens after hours. Two officers tag and bag evidence and will put it on the shelf. Not one other Councilor is saying that is a great price. Chief McNamara said they put out an RFP. It has not made its way to Mass yet. Civic eye was chosen because it was the best for the city. Councilor Simard suggested calling the Chief in Lawrence and ask him. The money could be better spent. There are good systems out there. Councilor Saffie said she was on board initially. She spoke to residents who are not happy with the price tag. Councilor Finocchiaro said she reviewed the procedural information and software information. This has nothing to do with the company. The bid was put out in February relatively completed in short form. It could have been a funding issue or several other reasons. Companies that picked up the bid, few sent in a bid. Her concern is to better understand that. The CAFO’s score was low and she is not sure if that has been resolved. CAFO Duprey explained the Chief went out to bid in February and asked for more solid numbers. She did not have the money available until now. She would have to go back and look at what she wrote in filling out the score sheets and review her notes. 5 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 2, 2023 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 41 PLEASANT STREET, METHUEN, MA Councilor Finocchiaro said there are some unanswered questions. It would not be the first without all questions answered. That would be something she would be interested in clarifying. Councilor DiZoglio asked if that number was on the CIP plan or the Chief’s budget. CAFO Duprey said they tried to get more solid numbers ahead of time. Also included is the room renovation. Councilor DiZoglio commented this was given to Council eight or nine months ago. No one questioned that number in the CIP. Why are they questioning it now? It says evidence room ½ million dollars, new number was coming in. Councilors have a right to look at the contract. Councilor Finocchiaro commented there have been CIP meetings/discussions. There was a lot to figure out over the past few years. If anyone is for or against and wanted additional information, she would support a table. It might be a close vote. She would like to decide based on this being accurate. She believes Methuen deserves the best of everything, schools, finances, etc. They must make choices. Council has made a lot of decision in this department already. There are other departments too and we cannot give the best to everybody. We are talking about taxpayers’ money. The price tag is high. The evidence can be more important and makes it more of a need. Other bigger cities do not have the software. It has quite the price tag. There are increases for the residents and difficult things are happening this year. She expressed concern about the diagram of our evidence room and does not feel comfortable with that. She thanked the Chief for bringing this forward and commended the vendor. Councilor Beauregard said the Chief and the Stirm group are looking for a decision. For him, concerns exist outside the realm of the cost. Councilor Simard agreed with Councilor Beauregard. Each officer has two body cameras. “Why wouldn’t other communities do this? We have been working with police officers maintaining and giving it an overhaul. UPON ROLL CALL VOTE: 5 yes, 4 no (Clr. Finocchiaro, Clr. Saffie, Clr. Simard, Clr. Beauregard) C-24-20 MAG Retail Holdings – FFD, LLC dba McGovern Commercial HQ, 1200 Worcester Road, Framingham, MA 01702 for (6) 2023 Ford Police Interceptor Utility Vehicles in the Amount of $255,692.10 MOTION BY: Councilor Beauregard, seconded by Councilor Faretra to approve. UPON VOTE: 8 yes, 1 out of room (Clr. Simard) Order Calling for Municipal Election on November 7, 2023 MOTION BY: Councilor Faretra, seconded by Councilor DiZoglio to approve. UPON VOTE: 8 yes, 1 out of room (Clr. Simard) Acceptance of Early Voting Days and Hours for the 2023 General Election MOTION BY: Councilor Faretra, seconded by Councilor Saffie to accept. City Clerk, Anne Drouin, explained the hours are in the City Clerk’s office during regular business hours. UPON VOTE: 8 yes, 1 out of room (Clr. Simard) 6 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 2, 2023 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 41 PLEASANT STREET, METHUEN, MA Vote to Approve Potential Poll Worker List MOTION BY: Councilor Saffie, seconded by Councilor Faretra to approve. Councilor Saffie asked about conflict with candidates’ names on the list. MOTION BY: Councilor McCarty, seconded by Councilor Faretra to remove three names: Ron Marsan, Joyce Campagnone, and Diane Marsan. Anne Drouin said there are some names. She spoke with the previous assistant solicitor who said the wife of a candidate could do so if she signed a disclosure. Solicitor Rossetti said he will investigate that. Anne Drouin explained this is not a complete list. They are reaching out potential workers. Mrs. Marsan would be in a different precinct, typically precinct 2. The Clerk assured the Council that Mr. Marsan and Joyce Campagnone will not participate. Councilor Finocchiaro agreed with Councilor DiZoglio that the individual could be placed in another precinct or district. She has volunteered many hours and is respected for that. If there are any others, they could potentially move to other districts. MOTION BY: Councilor Finocchiaro to offer a friendly amendment to remove the two candidates but not Mrs. Marsan. Anne Drouin explained this is a difficult. She could provide another list at the next meeting or meeting after that. Councilor McCarty did not accept Councilor Finocchiaro’s amendment. He said these workers could take a year off and come back for the state and federal election and keep this free of undue influence. Councilor Finocchiaro said she fully respects and trusts the City Clerk to do the right thing. She will be in favor of this motion. UPON VOTE: UNANIMOUS Councilor DiZoglio suggested tabling the item. Councilor Saba said Council voted to remove three names. There is no need to see another list. UPON VOTE: as amended UNANIMOUS Other Officers and Committee Reports - None Unfinished Business Resolutions: TR-23-52 Resolution Authorizing Acceptance & Expenditure of a Planning Assistance Grant from the Massachusetts Executive Office of Energy & Environmental Affairs (effective upon passage) Requested by Mayor and Director of Economic and Community Development MOTION BY: Councilor Simard, seconded by Councilor Saffie to approve. UPON VOTE: UNANIMOUS Ordinances: None 7 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 2, 2023 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 41 PLEASANT STREET, METHUEN, MA New Business Resolutions: None Ordinances: None Any Other Business for the Good and Welfare of the Community. Councilor Finocchiaro announced a tentative date for the Veteran Affairs Subcommittee on October 30, at 7:00 p.m., location to be determined. Councilor McCarty thanked the Mayor who covered a lot of issues tonight and thanked him for bringing them to the Council’s attention. Chair Zeigler announced Methuen Day on Saturday, October 7, 2023 from 10:00 a.m. to 3:00 p.m. The Police Department and Fire Department will have an open house. October is Hispanic month. There are exhibits displayed both in English and Spanish in the Great Hall. There is an exhibit at Nevins Library. There will be a Hispanic Fest on October 14, 2023 from 1:00 p.m. to 4:00 p.m. at Riverside Park. October is breast cancer awareness month and domestic violence month. There are several organizations that can assist those experiencing domestic violence. Adjournment MOTION BY: Councilor DiZoglio, seconded by Councilor Faretra to adjourn. UPON VOTE: UNANIMOUS I do hereby certify that at a meeting of which a quorum was present, the foregoing minutes were approved by the Methuen City Council by a 7 to 1 vote on October 16, 2023. Linda Gagnon, Council Clerk 8