City Council

METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING Chair Faretra called the regular meeting to order at 7:00 p.m. Members present: Clr. Beauregard, Clr. DiZoglio, Clr. Marsan, Clr. Pesce, Clr. Saffie, Clr. Soto, Clr. Valley and Chair Faretra. Councilor Campagnone was absent. Acceptance of the Agenda MOTION BY: Councilor Saffie, seconded by Councilor Valley to accept the agenda. MOTION BY: Councilor Beauregard, seconded by Councilor Saffie to amend the agenda to move C-24-71, Consideration of Appointments, and TR-24-25 out of order following Public Participation. UPON VOTE: UNANIMOUS MOTION BY: Councilor Saffie, seconded by Councilor DiZoglio to accept the agenda as amended. UPON VOTE: UNANIMOUS Pledge of Allegiance/Words of Wisdom//Moment of Silence Everyone stood for the Pledge of Allegiance and a Moment of Silence for town employee, Lewis Goudreau. Vice-Chair Soto read a quote from Donald A. Normand Public Participation Kurt Labrowskis, 20 Washington Street, spoke of requesting financial information, estimates Mayor Perry gave for all condo recycling vs the 682 residents that previous received recycling. His intent was to minimize recycling to make the trash program look successful by reducing trash tonnage. They want to see what their residents cost the city and how much did the city save by eliminating them. Mayor Perry continues to provide information on providing recycling for all the condos. It is up to the Council to decide how to handle this withholding of information. The eight associations Mr. Perry removed are the only ones that did not agree to pay for it privately and are the only associations that do not have recycling written into their HOA document. They will continue to bring forward to the Council the reinstatement of the condos Mr. Perry eliminated from the recycling program. Adding other condos to the program should not impact or delay the decision to restore the service they have had for twenty-three years. He asked for a detailed impact of how 682 residents could cost the city. Mike Welch, 8 Nelson Avenue, spoke about the city’s roadways, comparing Mass DOT records to our roads. Approximately 157 streets are unaccepted ways that do not exist. Sixteen are on the listed as private and are on the recycling list. He has yet to find anything with any accuracy. DOT has a lot of streets that Methuen does not have. They missed 12% of accepted roads in Methuen Thornton Curt and French Street were behind Maden Mills but there are no streets let but these are on the recycling list. There is also one voter listed. The city needs to have one list. 1 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING Janet and Jay Griffen, 8 Arthur Glen Lane, both spoke about the disrepair of their street, runoff, and the drainage issues. They distributed pictures of their neighborhood showing the conditions. It was noted one hundred and five were cut down in one week. Trees are important to the environment. He urged the city to help keep the city clean and try to increase funding to fix roads and plant trees. Linda Soucy, 10 Kirk Street, spoke in favor of Mike Foley’s appointment and Contract C-24-71 which helps keeps everything going with the programs at Mann, Inc. Linda thanked everyone who helped with the Golf Tournament Fundraiser. Michael Bleiwise, 45 Washington Street, spoke about the junk fees associated with his cable bill. The bottom line of his bill is $15 and total fees are $46 per month. He is charged $32 for broadcast fees. He noted the cable contract is negotiated at the local level. Consideration of Appointments: Michael Foley promoted to Lieutenant – Methuen Fire Department MOTION BY: Councilor DiZoglio, seconded by Councilor Saffie to approve. Chief Sheehy read background information for Michael Foley and noted he is number one on the civil service list. UPON ROLL CALL VOTE: UNANIMOUS Lieutenant Foley thanked the Council for their support. C-24-71 Amendment to Contract between City of Methuen and MAN, Inc, $40,000 (Funded by CDBG; Requested by the Mayor) MOTION BY: Councilor DiZoglio, seconded by Councilor Saffie to approve. UPON VOTE: UNANIMOUS TR-24-25 A Resolution Approving Greater Lawrence Vocational Amendment of District Agreement to Permit for the Lease of Airport Hangar Land School (Request from Greater Lawrence Vocational School) (remove from the table) MOTION BY: Councilor Beauregard, seconded by Councilor DiZoglio to approve. UPON VOTE: UNANIMOUS 2 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING EXECUTIVE SESSION – THREE TOPICS The Methuen City Council will vote to enter Executive Session, with the Mayor, the Chief Administrative and Financial Officer, and legal counsel for the City, in order to undertake the following three (3) actions: 1. In accordance with Exemption 7 (Massachusetts General Laws Chapter 30A, Section 21(a)(7)), to comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements, and in particular, to act under Massachusetts General Laws Chapter 30A, Section 22(g)(2), to determine whether the minutes of the City Council’s executive sessions of April 2, 2018, June 11, 2018, September 25, 2019, and July, 13, 2020 warrant public disclosure or nondisclosure following a recent public records request. 2. In accordance with Exemption 3 (Massachusetts General Laws Chapter 30A, Section 21(a)(3)), to discuss strategy with respect to litigation (DeJesus v. Methuen, Essex Superior Court Docket No. 2477CV00423) if an open meeting may have a detrimental effect on the litigating position of the Council and the Chair so declares. 3. In accordance with Exemption 3 (Massachusetts General Laws Chapter 30A, Section 21(a)(3)), to discuss strategy with respect to litigation (Methuen Zoning Board of Appeals v. The Homes at Murphy’s Farm, LLC, Housing Appeals Committee Docket 2023-08) if an open meeting may have a detrimental effect on the litigating position of the Council and the Chair so declares. After the conclusion of the Executive Session, the Methuen City Council will reconvene in public session. Chair Faretra reconvened the regular meeting. Members present: Clr. Beauregard, Clr. DiZoglio, Clr. Marsan, Clr. Pesce, Clr. Saffie, Clr. Soto, Clr. Valley and Chair Faretra. Councilor Campagnone was absent. Organizational Business - None Reading and Acceptance of Minutes from Previous Meetings: May 6, 2024 regular meeting MOTION BY: Councilor Soto, seconded by Councilor Pesce to approve. UPON VOTE: UNANIMOUS. Proclamations/Correspondence: None Presentations/Projects/Department Updates: None Clean River Project Presentation – None 3 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING CAFO Report Budget update CAFO Duprey said her intent was to bring the detailed budget to Council tonight but due to both physical and electronic issues today, Council will receive the full budget on Tuesday. The CAFO explained budget workshops will be Tuesday and Wednesday (28th and 29th), public hearing on water and sewer June 10th at 6:00 p.m., a public hearing on the municipal budget June 10th at 6:15 p.m. and first read on June 10th at 6:30 p.m., and second read on June 17th at 6:30 p.m. (June 18th reserved for continuance) Mayor’s Report MHS Update – Mayor Perry reported they are working with the designer. They got approval from the Conservation Commission and will start on June 17th. He noted the ice arena will be paid for by the school. Chair Faretra asked if there is a change to the amount of spaces. Mayor Perry responded maybe three less. Mayor Perry reported the Day’s Inn is status quo. They are not down to 75 families yet. He will provide an updated list of people there. Residents are receiving money and food stamps. He does not understand the state’s approach to this. The city was told families would be there for four months but there is no incentive to get people jobs and to move forward. Holy Family Update – Mayor Perry reported they declared bankruptcy. The nurses are asking the city to take the hospital by Eminent Domain. We are not prepared to do that. There are buyers but nothing firm or any detail on that. The state could take over. Councilor DiZoglio cautioned saying we want the state to take over the property. Then it could be used for something else. Councilor Beauregard noted the state could intervene to maintain hospital services. Mayor Perry commented until such time as a buyer is available. Requests of Councilors • Eversource Green Metal boxes throughout city (Clr. Marsan) – Councilor Marsan questioned why the city did not have a say in the placement of these boxes. It is detrimental to the city. Assistant Solicitor Paul O’Neill said it would be an easement for utilities that would extend there. He does not know what the boxes are for, but he will investigate it. • Update on Charter Committee (Clr. DiZoglio) – Mayor Perry said one person backed out. The school name is the one he is waiting for and will present all names at next meeting. • Update on Trash (Req. of Clr Faretra) Mayor Perry said he has a draft ordinance and is working with legal on it. 4 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING • Update on Signage at Transfer Station (Chair Faretra) – Mayor Perry reported DPW approved the final layout of signs and intend to have them in place by July. Residents are calling because the transfer station is overwhelmed with debris. Chair Faretra asked if the sign shop is operational. Mayor Perry said the city would have to procure the material. The city could do that. The signs are going to be color coded. • Update on Revenue from Transfer Station (Chair Faretra) – will be provided at the next meeting • Update on 80 Howe Street (Req. of Clr. Campagnone) Chair Faretra said the house is under construction and just a shell. Deputy Chief reported the builder ran out of money and owes contractors over $40,000. It is going to have it boarded up which should be done in the next few weeks. Mayor Perry said the owner has been notified and he has until Wednesday to clean up property. Other Officers and Committee Reports Councilor Beauregard reported there will be a Finance Committee meeting on Thursday at 5:00 p.m. via Zoom. Veterans committee will schedule a meeting soon. Chair Faretra reported an unaccepted ways committee meeting was held tonight at 6:00 p.m. He will Chair this committee. They are going to work on plan and will be joined by Mike Welch and interns. Councilor Valley reported the Housing Committee met tonight and talked about neighborhoods. They want to have a say to receive funds to enhance neighborhoods. Public Service: A) Grants: None B) Licenses: None C) Contract(s): C-24-65 Ti-Sales 36 Hudson Road, Sudbury, MA 01776 for Cloud based Neptune 360 in the Amount of $38,875.00 DPW Water Distribution MOTION BY: Councilor DiZoglio, seconded by Councilor Pesce to approve. UPON VOTE: UNANIMOUS C-24-66 Billerica Winwater Works Co., 2 Everett Farmer Road, Billerica, MA 01842 for 8-5 ½ feet bury, 12-6 ft bury: Mueller Fire Hydrants in the Amount of: 5 ½ $23,680.00 6 $36,156.00 Total: $59,836.00 MOTION BY: Councilor DiZoglio, seconded by Councilor Pesce to approve. In response to Councilor Valley, Director Pat Bower explained this would be for replacement of broken hydrants. UPON VOTE: UNANIMOUS 5 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING C-24-67 TEC, Inc., 282 Merrimack Street 2nd floor, Lawrence, MA 1843 for Pleasant Valley Street over Meadow Brook Culvert in the Amount of $76,000.00 MOTION BY: Councilor Soto, seconded by Councilor Valley to approve. UPON VOTE: UNANIMOUS C-24-68 J.J. Phelan & Son Co., Inc., `120 Lumber Lane, Tewksbury, MA 01876 for MHS Walkway/parking Improvements (section A only) in the Amount of $275,000.00 MOTION BY: Councilor DiZoglio, seconded by Councilor Soto to approve. UPON VOTE: UNANIMOUS C-24-69 Energy Source, LLC, 37 Thurber Blvd, Suite 101, Smithfield, RI 02917 for Energy Management System (EMS) Proposal in the Amount of $136,850.00 (5 years) Monthly Payment (estimate): $2,300.00 Lease Term: 60 Months, Lease Rate Factor: 0%, Payment Frequency: Monthly MOTION BY: Councilor Soto, seconded by Councilor Valley to approve. UPON VOTE: UNANIMOUS C-24-70 Revised and Updated Legal Services Retention Letter – Special Counsel MOTION BY: Councilor Soto, seconded by Councilor Valley to approve. Solicitor Rossetti explained this is a subject that came up in April 2023 for additional verbiage typically coordinated through the Solicitor’s office. $30,000 was approved and there is approximately $2,000 remaining. The amendment would be in addition to the $2,000. It would allow payment of invoices through the end of the fiscal year. Councilor DiZoglio said he has been against voting any additional KP Law. It is time to go to bid. UPON ROLL CALL VOTE: 7 yes, 1 no (Clr. DiZoglio, 1 absent (Clr. Campagnone) C-24-72 JJ Phelan & Son, Inc. 120 Lumber Lane, Tewksbury, MA 1876 in the Amount of $1,195,000 for the Methuen High School Walkways/Parking Improvements Project (Funded through School ESSER 3; Requested by School Superintendent) MOTION BY: Councilor Soto, seconded by Councilor Valley to approve. UPON VOTE: UNANIMOUS Unfinished Business Resolutions: TR-24-24 A Resolution to Protest the Proposed Installation of Passenger Vehicle Tolls at the Borders of the Commonwealth of Massachusetts (Request of Councilors Beauregard and Saffie, Chair Faretra, Vice-Chair Soto, and Mayor Perry) MOTION BY: Councilor Valley, seconded by Councilor DiZoglio to approve. UPON VOTE: UNANIMOUS 6 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING TR-24-26 Resolution Allowing the Methuen Retirement System to Increase the Cost-Of- Living Base from $18,000 to $19,000 MTION BY: Councilor DiZoglio, seconded by Councilor Pesce to approve. UPON VOTE: UNANIMOUS TR-24-28 Resolution Authorizing Acceptance of a State of Massachusetts Fiscal Year 2024 Budgeted Earmark of $12,500 from the Executive Office of Elder Affairs MOTION BY: Councilor DiZoglio, seconded by Councilor Valley to approve. UPON VOTE: UNANIMOUS TR-24-29 Resolution Authorizing Transfer of $750,000 of Free Cash to Compensated Absences Reserve to fund the payment of paid time off to employees In response to Councilor Pesce, CAFO Duprey explained if this is not used, it would fall back to Free Cash. The funds are all set aside for a specific purpose. MOTION BY: Councilor DiZoglio, seconded by Councilor Valley to approve. UPON ROLL CALL VOTE: UNANIMOUS TR-24-30 Resolution Authorizing Transfer of $500,000 of Free Cash to Worker’s Compensation Reserve to fund employee benefit-related expenses MOTION BY: Councilor Soto, seconded by Councilor DiZoglio to approve. UPON ROLL CALL VOTE: UNANIMOUS TR-24-31 Resolution Authorizing Transfer of $120,000 of Free Cash to the Unemployment Reserve to fund employee benefit-related expenses MOTION BY: Councilor Soto, seconded by Councilor Pesce to approve. UPON ROLL CALL VOTE: UNANIMOUS TR-24-32 Resolution Authorizing Transfer of $100,000 of Free Cash to the Injured in the Line of Duty (ILD) Reserve to fund employee benefit-related expenses MOTION BY: Councilor Soto, seconded by Councilor Valley to approve. UPON ROLL CALL VOTE: UNANIMOUS TR-24-33 Resolution to Approve Debt Authorization of Greater Lawrence Regional Vocational Technical High School $4,000,000 to expand existing programs of the District (Request of Greater Lawrence Technical High School) (remove from the table) MOTION BY: Councilor DiZoglio, seconded by Councilor Pesce to remove from the table. UPON VOTE: UNANIMOUS MOTION BY: Councilor DiZoglio, seconded by Councilor Soto to approve. Councilor DiZoglio thanked Mr. Jones for his support of the trade school and students. He would like to see Methuen improve the trades. He is starting to see our public schools struggling. He plans to vote yes and believes in the growth of the school system. The audit will be a huge help with the numbers. 7 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING Councilor Marsan said it is important to have more programs. We may have to pay more for the students, but it is important that we do this. Councilor Pesce said she agrees it is a great opportunity for students in Methuen. She asked if that number would increase. The Superintendent explained there is no quota. It is based on three different criteria, grades, recommendation from the teacher, grades. They cannot use discipline as criteria. It gets more challenging each year. Very few students take advantage. They will be able to take 300 more based on grades and attendance. Councilor Pesce asked what would keep students from getting in. The Superintendent explained when you talk about grades, each school could be different in how they grade. Changes have been made over the last few years. The school could be forced to do an open lottery. They do have an after dark program and individuals still get the opportunity to utilize programs. This building will allow graduate students to do that. Councilor Soto asked if they must opt into the program. The Superintendent explained students explore every shop, spending one day in every program. He noted plumbing is the highest this year and all medical programs is high demand. There are fifty-six students in plumbing and electrical. Councilor Saffie asked if there are similar programs in other schools. The Superintendent said they now have three new building on site. They applied for grants and have an enormous amount of grants. Autobody technologies could not paint new cars. Two million dollars in capital skills. The funds allow them to take in more students. No one in the community aviation has an investment over seven million dollars. 1.5 million dollars is the tools. Buildings are five million dollars in growth, and they are expanding to meet the needs of the community. The GLTS is grateful for what Methuen has given them. They want the current building to look good. They take care of it. Councilor Saffie asked if he sees other communities that are not already involved, such as Tewksbury, inquiring. The Superintendent said the four communities would have to allow something like to happen. It is difficult to make changes in the Charter. Councilor Beauregard said he agrees 100% in principle with the sentiments. He is in favor of the hangar. The 121,000 on assessment for the next decade, as a Councilor he is not going to ask the taxpayer to support the cost to this degree. This is a nice to have vs. a must have. Although he is voting no, he does support the work they do. Chair Faretra noted he did not think any of them will see a decrease in Methuen in numbers. The school budget will not go down. The state is setting rates. Lawrence pays less. He is unsure when rates have been updated or how formulas are built and who we need to speak to. We are not Andover or North Andover. They are gouging at $10,000 per student when Lawrence pays $1200. 8 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING The Superintendent explained the formula is determined by the State Legislature based on tax rate and per capita tax rate. The state pays a portion. Lawrence will pay X amount and the state will pay the rest. The school has no control. The school has no control because the state determines that. GLTS is proving opportunity for the community students. Chair Faretra said 50% of those students that apply will get that opportunity. He would like to see a report for the four different communities. The Superintendent said Council is entitled to see any of their audit reports. He could provide an itemized budget. Most of it goes into salaries. In response to Councilor DiZoglio, Assistant Solicitor O’Neill said this requires a 2/3 vote of the full Council. UPON VOTE: 5 yes, 3 no (Clr. Pesce, Clr. Valley, Clr. Beauregard) 1 absent (Clr. Campagnone) Item failed TR-24-34 A Resolution Authorizing a Utility Easement to National Grid – 4 Lawrence Street (Recommendation of the Department of Economic & Community Development) MOTION BY: Councilor Valley, seconded by Councilor Saffie to approve. UPON VOTE: UNANIMOUS. Ordinances: None New Business: Resolutions: TR-24-35 A Resolution Recognizing Pride Month in the City of Methuen (Requested by Clr. Beauregard, Councilor Valley, and Vice-Chair Soto, Chair Faretra, and Mayor Perry) MOTION BY: Councilor Soto, seconded by Councilor Valley to approve. UPON VOTE: UNANIMOUS TR-24-36 Resolution Amending Traffic Rules and Regulations of the City of Methuen- Hampstead Street @ Maple (Requested by Mayor and Chief of Police) MOTION BY: Councilor DiZoglio, seconded by Councilor Valley to approve. MOTION BY: Councilor DiZoglio, seconded by Councilor Saffie to table. UPON VOTE: UNANIMOUS TR-24-37 Resolution Authorizing Transfer $585,000 from Free Cash, to be transferred to DPW Other Expenses to fund necessary Snow & Ice expenditures (Funded by Free Cash; Requested by Mayor, CAFO and DPW Director) MOTION BY: Councilor Saffie, seconded by Councilor DiZoglio to approve. UPON VOTE: UNANIMOUS 9 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING TR-24-38 Resolution Authorizing Transfer of $100,000 from the General Fund Department of HHSI Personal Services Expenses to the General Fund Risk Management Expenses budget line due to unanticipated expenditures (Funded by intra-fund transfer; Requested by Mayor & CAFO) MOTION BY: Councilor DiZoglio, seconded by Councilor Valley to approve. UPON VOTE: UNANIMOUS TR-24-39 Resolution Authorizing Transfer $600,000 from Free Cash, to be transferred to DPW Solid Waste Disposal Expenses to fund necessary Tipping Fee Expenditures (Funded by Free Cash; Requested by Mayor, CAFO and DPW Director) MOTION BY: Councilor DiZoglio, seconded by Councilor Pesce to approve. Councilor Marsan asked why we must transfer money for the tipping fees. CAFO Duprey explained they have seen an increased in these fees. The city cannot use additional revenue this year. The city has not instituted fins of what goes into that bucket. Because that has not taken place the city needs to rein that in with the fines. They are going to bring someone in on a part-time basis to go out and see that people are using buckets appropriately. The revenue is not reflected. The tonnage is more than anticipated. Councilor DiZoglio asked if the CAFO said we are getting fines. The CAFO said the city is paying for tonnage and should not be paying for it if it is in the wrong bucket. Councilor DiZoglio commented the city needs to make sure we are not being fined from the company. Mayor Perry said this is funding for tonnage. They should have been faster to do the ordinance. There are four recycling bins full of trash on Pleasant Street. Most people are doing a good job. There is a timeline. Some people who are using recycling bins for trash. At the beginning the city was seeing less trash. He plans to bring the ordinance forward on June 3, 2024. There will be a discussion on the process. The city is having a lot of problems with leased properties. They are going to make sure people are forewarned, stickers first, then monetary fines. The city paid more in tipping fees last year because they hauled anything and that would increase the weight. Tipping fees continued to increase. The city cannot continue to do the same thing each day. Councilor DiZoglio continued there is no point to continue to allow it. He would like to compare costs. Mayor Perry said he could provide a breakdown of trash and recycling. Chair Faretra asked how much revenue has been collected with the sale of bags. CAFO Duprey responded $4,000 per month but revenue would be used in FY’25. UPON ROLL CALL VOTE: 6 yes, 2 no (Clr. Soto, Clr. Faretra) 1 absent (Clr. Campagnone) TR-24-40 Resolution to Repurpose $1,030,000 of Approved Eligible ARPA Funding from the New DPW Building Feasibility/ Engineering Project to the Methuen High School Tennis Court Project (Funded by ARPA; Requested by Mayor, CAFO and DPW Director) MOTION BY: Councilor Soto, seconded by Councilor Valley to approve. UPON VOTE: UNANIMOUS 10 METHUEN CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING TR-24-41 Resolution to Repurpose $2,405,000 of Approved Eligible ARPA Funding from Multiple Projects to the Burnham Road Pump Station Project (Funded by ARPA; Requested by Mayor, CAFO and DPW Director) MOTION BY: Councilor Soto, seconded by Councilor Saffie to approve. UPON VOTE: UNANIMOUS TR-24-42 Resolution Ordering the Methuen City Council’s Intent to Lay Out Liam’s Lane as a Public Way and to Refer the Matter to the City of Methuen Community Development Board (Requested by the Mayor and Director of ECD) MOTION BY: Councilor Soto, seconded by Councilor Valley to approve. MOTION BY: Councilor Marsan, seconded by Councilor Saffie to forward to Community Development for a recommendation. UPON VOTE: UNANIMOUS Ordinances: None Any Other Business for the Good and Welfare of the Community Adjourn MOTION BY: Councilor Soto, seconded by Councilor Saffie 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 unanimous vote on June 3, 2024. Linda Gagnon COUNCIL CLERK 11