City Council

METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING 1. Roll Call - Clr. Valley, Clr. Campagnone, Clr. DiZoglio, Clr. Marsan, Clr. Pesce, Clr. Saffie and Chair Faretra – Clr. Soto participated remotely 2. Acceptance of the Agenda – Motion to accept by Clr. DiZoglio, seconded by Clr. Campagnone – Upon vote - Unanimous 3. Pledge of Allegiance 4. Public Participation: Bill Haneffant, 6 West Ayer Street, Methuen, “Good evening, Bill Haneffant, 6 West Ayer Street. The reason why I wanted to speak tonight is due to my concerns of Merrimack Street which I know has been brought up numerous times of past meetings. Before I tell you what my concern is, I want to make it known that Merrimack Street is a major business corridor for the city. From Route 495 right into Haverhill, a lot of people use this road. A lot of businesses are trying to make it over there and we have a major state project going on. Now, on the side of Merrimack Street, where it starts at Route 495 and at the gas station, Ye’s Table Restaurant, Heavenly Donuts is up at that end. On the side with Ye’s Table and all the way down to the White Eagle, they used cement on every corner and every cut that they made for the for the handicap accessible, they used this yellow plate. I'm going to call it a skid plate. I'm sure there's somebody here that will give me the correct term when I'm done. Then they went over to the other side and over by Pitter Patter Academy and the Old Valley Towing all the way down to Alfredo's Barbershop and that's because they haven't gone any further down there. They used hot top. They put nice curbing in and then laid hot top in there with no skid plate. I am certain that that's not ADA compatible. I’m afraid somebody's going to slide down that little ramp and get hurt. If you haven't seen it, please look at it. The project, as one Councilor pointed out many meetings ago, looks horrible. It looks like patchwork --- it looks like something out of a kid’s cartoon. But it's the same project. It's a state highway. My concern is it's within city limits. Why haven't we been able to get a little control over this? Do we have somebody overseeing the project from the city to make sure things get done? Is our ADA coordinator looking at these things to make sure that that's getting done right? And then we have our State Representatives. Why aren't they helping us out here? If you're going to do a job like that, let's get it done right. Let's give these businesses something to be proud of for their customers. I know you can't answer those questions now, but just please keep them in mind. Thank you.” Chair Faretra read on the record, an e-mail from a constituent, “Dear Sir and Madam, On the advice of your colleague Ms. Pesce, I am submitting this email to be read into the record of tonight's meeting regarding the MBTA Communities Act. As residents of the East End, my wife and I would like to voice our opposition to the MBTA Communities Act we think does not serve the interests of Methuen. The city can ill-afford to absorb the sudden increase of thousands of new residents into our community under the guise of addressing a state-wide "housing crisis." Rather, we feel the Act would increase the burden on the city's infrastructure, it's educational system, health care and public safety by dramatically increasing the cost of these obligations far beyond the reported one point seven million METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING dollars Beacon Hill leadership threaten to withhold the city in annual state grants as punishment for the city's opposition. We hope the City Council will go on record by voting to oppose this ill-conceived Act and allowing Methuen to continue to decide its own direction. Thanks for your consideration, Annette and Anthony Taylor, Methuen, MA.” 5. Organizational Business - None 6. Reading and Acceptance of Minutes from Previous Meetings: September 23, 2024, Emergency Meeting – Motion by Clr. DiZoglio, seconded by Clr. Campagnone – Upon Vote – Unanimous and November 4, 2024, Regular Meeting – Motion by Clr. Campagnone, seconded by Clr. DiZoglio – Upon Vote – Unanimous 7. Proclamations/Citations/Correspondence 8. Consideration of Appointments 9. Presentations/Projects/Department Updates – Chair Faretra recognized Karen Hayden, Executive Director of Methuen Community Studios, to give an update on Great Hall’s sound system. Ms. Hayden said, “Good evening, all. So nice to see you all --- Councilors and Acting Mayor Beauregard, the CAFO and Solicitor. I realized that the last time I was here was a while ago. And I think it's funny --- we're calling it the sound system, but it was actually an overhaul of pretty much everything that we're using here --- the video production, the audio production, what's in the room and also incorporating hybrid-type meetings so that people could participate remotely and still be able to see and hear everything clearly. This room, as you know, has its challenges because of the ceilings and because of the history. We had to proceed very carefully with everything that we did. So, the equipment was replaced with the audio mixers, and it is now a programmable Wheatstone audio system which is actually what they use in radio stations and other audio facilities. We kind of went for the best on that end of everything and stayed within budget, of course. We replaced all the cameras and added a fifth one in the center and the back. I think you may have noticed the switcher and new computer to run things. We took out things that were broken or not functioning properly and also all the wiring was redone here in the Great Hall. We added Zoom components --- we had to upgrade the Zoom account to include zoom rooms. It's a whole thing I'm still learning about, but it integrates people much more easily and we can just push a button and hopefully get everybody in remotely who wants to be remote. We also added those listening devices that people can use if they have hearing challenges, and I think we've had a lot of good feedback on those. When we started this, we had hoped it would be done quickly. But we ran into delays due to Great Hall’s limited availability. And we couldn't shut it down for long periods of time. So, what we ended up doing was taking the project and putting it into smaller chunks that were done around the meetings to keep this room available to the people of the city. And then of course, as we made each change, we had to train our contractors on all the new equipment. So that took a little time as well. But we are at the place now where we're buttoning this project up. This Thursday, some of the last details will be put in place. And I think just after Thanksgiving, this monitor will get replaced. And that's pretty much what we've had on the schedule for this project. At this point, we'd like to use it for a while, collect feedback from METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING you all, and I think it would be great if you’d provide that feedback through the Council Chair to us so that we can respond to any of those things. Before I stop, I would like to commend the Department of Public Works and particularly Dan Tulley and the crew that did the wiring in here. They were so professional and thoughtful about how to make things work better and saved us money on the project because we would have to bring in a third party to do all that wiring. And you know they, of course, care about the space in terms of keeping its integrity. So I really, again, would like to publicly thank the Department of Public Works for their part in this. And probably the best news is that the project is under budget. I know the CAFO likes that. We had projected around $115,000 right now we're sitting around $102,000. There's still a few more invoices coming in, but it means we may have the opportunity to do something else in addition to what's already been done. So, now I’ll take any questions that you have.” Chair Faretra recognized Clr. DiZoglio, “Not so much a question, but a sincere thanks for taking us from where we were to where we are now. I could tell the difference. So, I appreciate your work and your team's hard work as well. So, thank you.” Ms. Hayden said, “With one other thing, I just want to mention that obviously last year there was an effort to get some legislation passed that can impact how the funding comes into this organization. And of course it affects the city as well. The bill made it out of committee, but it never made it to the floor for a vote. We're going to try again next year. So, I will keep you informed as to any support that you can lend --- any talks you can have with our state delegation who have been incredibly supportive to help move it along.” Chair Faretra said, “Thank you, Karen. And then just be in touch with myself and the mayor's office and the CAFO and then we can work on following up once everything's done and give you that feedback. Thank you so much for being here tonight.” 10. Mayor’s Report - Chair Faretra said, “Next up, Acting Mayor Beauregard’s report.” Acting Mayor Beauregard said, “Thank you, Mr. Chair. I'll begin with a quick update regarding the new evening hours pilot program that began here at City Hall tonight. Members of the staff, we're here to assist residents until 7:30 PM. So, for a couple more minutes, if anyone wants to get out and come down to City Hall, you have just a few more minutes for tonight's late hours. We're going to keep the building open for business until 7:30 PM on nights when regular City Council meetings are scheduled. As I mentioned during the last meeting, we're going to keep an eye on the results of the pilot program and make any necessary adjustments as we continue to roll it out. This is something that is new, at least here in the City of Methuen, and we're going to keep measuring as we go. I'd like to share another reminder --- that leaf yard waste and brush collection will end for the current calendar year on Saturday, November 30th. I mentioned that during the last meeting, but I want to mention it again tonight in case anyone is watching who didn't watch the last meeting. It'll return in April of 2025. The Charles St. Wall Project is coming along great. Despite the traffic issues in the downtown area, the DPW is securing the area thoroughly on Friday for the Santa Parade, which is happening on Saturday. We're going to have to close the road again on Monday, though, to finish the top side work, but at least we have things settled for the parade. Speaking of the parade, as I mentioned, scheduled for this Saturday, November 23rd at 1:00 PM. Like every year's parade, it's going to begin at the Pelham St. Park and Ride and end at Nicholson Stadium. I am pleased to announce that I've selected Kevin Kattar, who along with his family owns the Merrimack Valley Golf Club to be the Grand Marshall of this year's Santa parade. Kevin and his family do so much for our METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING community, especially our veterans, and I'm thrilled to have the opportunity to celebrate Kevin and the whole Kattar family through his participation as our Grand Marshall. That will be great. I know there were some concerns expressed during the last meeting about getting the word out regarding the upcoming special election on Tuesday, December 10th. We've started to push it out more heavily on social media and on our platforms to inform residents about the election process and provide key dates, and I'll share more information about that now here in this setting as well. It's all available online at methuen.gov/vote. But the deadline to register to vote is Saturday, November 30th at 5:00 PM. The deadline to submit vote-by-mail applications is Tuesday, December 3rd and Election Day itself, as I mentioned, is Tuesday, December 10th. The polls are going to be open from 7:00 AM to 7:00 PM just as any municipal election and those polling hours in the polling locations are the same as they usually are, so voting will happen at the Marsh Grammar School, the Tenney Grammar School, Donald P. Timony School as well as the Methuen Senior Center. And if you're unsure where to vote, you can visit. WheredoIvotema.com to find your polling location. Again, all this information is available on social media and the website, and an e- mail went out to the distribution list today with the information too. It really is the city's goal to ensure that residents are familiar with the specifics simply because the circumstances are so unprecedented, and we want to get it right in terms of public information. So, I look forward to providing additional updates once we get to the Requests of Councilors section on tonight's agenda. But in the meantime, I'm always happy to answer questions. Thank you.” Chair Faretra recognized Clr. DiZoglio, “Thank you. I just want to say I think I want to take credit for this. I got, in my water bill, a leaflet from MassSave from the mayor's office. With that said, there's no reason why we can't add a newsletter to the water bill. Where Ann Drouin, our city clerk, could put the date of the new election in or even the open office hours could be listed. But what's even scarier, and I called the Chair after this, was I was out and about the other day, and people were seeing the new signs. Someone came up to me and asked me how Neil Perry was doing. There are people out there that are either under a rock, not on social media and not paying attention to TV or newspapers. Or they are snowbirds coming back and forth between Florida --- because this was the scenario. This person was living in Florida for half the year and coming back for the holidays. We need to push this out more than social media. And if only 5% comes out for this election, which on an average mayoral election we have about 10% of registered voters voting if we don't have any competition. But we have competition here, right? And again, I have already pledged my support to whoever but where I'm coming from is we need to get people to come to the polls to vote. Because I don't want this to be told to me by residents that they didn't know anything about this. And, similar to the mayoral debate the other day, that was only pushed out on social media. From what we saw, I had people coming up to me that were like, ‘there was a mayoral debate we didn't even know about?’ I just want this to get out. I want this to be something that we said we did right. I just don't want any concern or question to come out of this in the long run. Thank you.” Acting Mayor Beauregard replied, “Just to briefly respond and just to make that clear, I know I saw that on social media too. The city does not promote political debates. We never have. In terms of the public information piece, we truly are doing the best we can in the midst of unprecedented circumstances, and I would argue, too, that, yes, of course there's information. There's always information on the city's website about any election, but the city wasn't sending out newsletters. We've never done that before, in terms of a newsletter, simply to inform people about an election. I would argue METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING that it’s probably the responsibility of the respective candidates and their campaigns to do that, but nevertheless, the city is following the protocol that we follow for every election. We ultimately do not promote specific events relative to debates. And again, I mentioned it before, but I'm just going to end with this. Just to reiterate, we truly are in the midst of unprecedented circumstances, doing our best with the resources we have. Thank you.” Chair Faretra recognized Clr. DiZoglio, “I appreciate that. I don't want to get into a debate with you. I was told two weeks ago that we weren't able to put leaflets into bills. And then a water bill came out with a letter from the office of the mayor, so information can easily be put out because the last thing I want to know now is how much did it cost us to do that? Because the next question I'm going to ask is --- if it's up to the candidates, then it should be up to the candidates then to pay the bill for the election that we'll be holding and paying for all the election workers --- we're paying for that. So, for people that are confused about their polling districts and also again --- some people just voted in the presidential election. I don't want people to think this is something else. I get the candidates have their dates on the signs, that's great. But the city has a part in this too, and it's not your office. It's the city clerk's office. I can go to the website 100 times and not realize what I'm looking for ---being an election that I don't know about potentially --- is a concern, so the boards that we have in front of the police station on 1/13, I hope they're going to be flashing special election on my mics on special election on December 10th for a mayor. But again, this is unprecedented. 100% agree with you. But again, I don't want to hear a newsletter can't go out with some of the biggest topics that are hitting the city right now. So, I'll leave it at that. I could go on, but I think I made that point. Thank you.” Chair Faretra recognized Clr. Campagnone, “We have one of our news media persons here tonight, so maybe he can help. Are you hearing me? You get the message. Thank you.” Chair Faretra said, “OK. On the conversation of elections, how did the Senior Center do with its first presidential election? We know how crowded that could be. Did you get any feedback from the staff over there --- about crowd control --- when it came to the Senior Center for the presidential election.” Acting Mayor Beauregard replied, “I can follow up with the city clerk, but I didn't hear any complaints or issues at the outset.” Chair Faretra said thank you and recognized Clr. Marsan, “Now I have a comment and we're talking about elections. Our schools are going to be open on Election Day. Our schools are very secure every other day, they're open except for Election Day. I know we have officers there. Two Methuen police officers man the post. But if someone comes in --- say they want to use the restroom after they vote --- they're walking around the school. If election workers are walking around the school, how do we know? It doesn't seem like we do the right thing. Why can't we close our schools on Election Day? I guess that is the question. It's one more day at the end of the year. It just doesn't seem like we have a secure building when we have people walking around. And I'm concerned about that.” Acting Mayor Beauregard said, “It's definitely a good question. So, for my understanding, schools are closed typically for the November election. But even on the date of a primary election from my own experience I've always perceived the school to be open. I vote at the Tenney, but that's nevertheless a very good question. I don't have an answer as to why historically that's been the way it is, but that's something that we can certainly have a conversation about internally. But right here on the spot, I don't have an answer.” Clr. Marsan said, “Correct. You don't have to answer tonight, but we need to look into the question to see why?” Acting Mayor Beauregard agreed. Clr. Marsan said, “All I care about is the kids being safe, that's what I want. It’s adding one more day at the end of the year. METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING You can't get into school without a badge typically. And then on Election Day, anybody walks in, we all walk in.” 11. CAFO Report • Update on using ARPA funds to address some unaccepted road issues (Req. of Vice-Chair Soto) Chair Faretra recognized CAFO Maggie Duprey, “Sure. I really just want to focus on the first part as far as the ARPA funds for unaccepted roads. I'm still trying to get a straight response from the United States Treasury, which is as hard as that sounds, but I have been able to get information back from the state. And what we found is from the state’s perspective, we can only repair private roads within the city if we then put basically --- a charge back --- a betterment or a special assessment to the residents and the abutters of those roads, which I don't think is what was being discussed here, but I just wanted to tell you what I did find. So, when I asked, the first question was specific to ARPA, which I keep getting deferred back to the US Treasury. But the second question was can we use any funds in any capacity to do that? And that was their response. They've provided me in detail and mass general law and all sorts of different things which I'm happy to share with you but that was the general summary of what they were saying.” Chair Faretra said, “OK. If you can share that information with the Vice chair, that'd be great.” CAFO Duprey said, “She has that information. She was on the response. I cc’d her on those emails, but I can share it with the entire Council.” Chair Faretra asked Vice Chair Soto if she had any follow up questions and she said, “I do. I want to know if the solicitor has been able to look at that response and see if there's a loophole for that. And my second question is there a chargeback loophole to what we received or what we spent? So, if we spend $1,000,000 and our chargeback fee is $10 a household? Or does it have to be the $2,000,000 that we spend on the road?” City Solicitor Kenneth Rosetti said, “I'm sorry, Vice Chair. Thank you for the question. I would welcome seeing that response that was furnished to the CAFO and I'm happy to take a look at that and follow up with you and your fellow councilors.” Vice Chair Soto said, “Thank you.” CAFO Duprey said, “So when it comes to betterments and special assessments, usually they do take the total amount and they divide it by how many residents or abutters there are, and then they spread it out over multiple years so you know you might have a 30- year betterment or a 10-year betterment. So, the terms of which are very much local option as far as what we want to do. But it is for the whole amounts to be spread out across those residents and numbers.” Vice Chair Soto said, “Thank you. I think that's a conversation that we should have at the Ways & Committee. Thanks.” Chair Faretra recognized Clr. Marsan, “Just to be clear, to make sure when you ask the question --- that we have a lot of unaccepted ways in our city that aren't truly private ways. So, I don't know, you just said private ways when you asked the question and responded. I would just want to make sure that you’re asking the proper question about unaccepted ways and if we're going to use ARPA funds for those.” CAFO Duprey said, “That's a great question. I asked the question from the perspective of unaccepted ways. Their response was private roads that are open to the public. If you had a private way that people couldn't use. I'm not sure if I have an example of what that would be --- Chalet Drive used to be that --- So that would not be something that we could do for this, but you could do a betterment if it's private. So, it's an unaccepted way that the public can use as an accepted way.” Clr. Marsan said, “I just want METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING to make sure we ask the proper question. That's the only reason. Thank you.” CAFO Duprey said, “I completely agree with you.” 12. Requests of Councilors • Merrimack Street Corridor Sidewalk and Street work Update (Req. of Clr. Soto) - Chair Faretra recognized Acting Mayor Beauregard, “So I'm going to begin by saying that the Merrimack St. corridor, sidewalk and street work update requests from the Vice Chair ---before I even share an update --- should stay on the agenda. The MA DOT folks have indicated to me that their contractors are beginning to wind down their sidewalk and pedestrian curb ramp work for this season. There's some paving work occurring at the intersections of the newly constructed pedestrian curb ramps, which is tentatively --- operative word --- tentatively scheduled to be completed by the end of this week. Any affected areas from a landscaping standpoint will receive loam and seed for grass development, which is scheduled for the next construction season. So that's the latest update from them. However, my plan is to go down to Alfredo's --- that area --- myself with my camera and take some pictures and raise the concerns that were brought up tonight to Dan Fielding. He's our MA DOT contact and I'll go from there. So clearly, more follow up to do on that with Mr. Haneffant.” Chair Faretra said, “We're going to keep this on the agenda, but Councilor Marsan, do you have a question?” Clr. Marsan said, “I have a comment. I spoke with the foreman down there and the reason they're doing hot top on the approaches on the north side of Merrimack Street is because MA DOT will not let them pour finished concrete because of the date. Even though our temperature warrants that they could, the date dictates when they can pour concrete, so they've cut them off and they can't pour finished concrete. They can continue doing curbing because the concrete is buried to do the curbing but the finish they can't. So, in the spring they're going to take out the hot top approaches and make the north side just like the south side. Thank you.” Chair Faretra recognized Clr. Pesce, “Thanks. Question for the Acting Mayor, please. Is Dan Fielding someone who we should contact if they have property damage or something like landscaping? Do we have an e-mail? And I'm asking for my own regard too, because I was given a different contact and I never heard back.” Acting Mayor Beauregard replied, “I would highly recommend reaching out to Mr. Fielding and what I'm going to do now is I'm pulling up my city e-mail and I will give that to you. His e-mail address is Dan.Fielding@dot.state.ma.us and he is happy to answer any questions from counselors and provide updates accordingly.” Clr. Pesce said, “And for residents as well, right? If they have any questions?” Acting Mayor Beauregard said, “He's employed by MA DOT so I think he should probably expect to hear from any interested parties.” Chair Faretra said, “Thank you very much. Is there a place on our website where information like that could go? Because it would be great for councilors to be able to have a direct contact somewhere on the website. If somebody reaches us for a project that really isn't under our purview, you go to the City of Methuen website and there's a contact there for MA DOT. You could reach out to that individual to cut us out as the middleman instead of us doing that.” Acting Mayor Beauregard said, “We don't have that currently, but that's certainly something that wouldn't be any trouble to add that.” Keep on agenda. METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING • Update on School Audit (Request of Chair Faretra) - Chair Faretra thanked Acting Mayor Beauregard who continued on the list, “The school audit. We now have a price tag for the first half of the school department audit. Now mind you, the plan has been to come before the Council with a proposal to audit the Methuen Public Schools from an operational standpoint, and then that would be followed by an audit from a financial standpoint. So, I'm dealing here exclusively with the operational side. We got one bit from a highly reputable company with over 70 years of experience and it's going to cost $140,000. I think we have a universal agreement, though, about the vital importance of conducting this audit, so we'll likely be coming to you with an ask to utilize free cash to make it happen. The state has yet to certify free cash for us, but we expect them to do so at some point in the next month. So, the plan is to get the free cash transfer and the contract in front of you for your consideration in December. We have definitive next steps as it relates to the school department audit, and we will get it done.” Keep on agenda. • Update and status of the new warehouse on top of Old Ferry Road, storage facility on Old Ferry Road & any traffic studies or concerns with the usage of that road to tractor trailers (Req. of Clr. DiZoglio & Clr. Pesce) - Acting Mayor Beauregard said, “We have next the update on the Old Ferry Road issues. This was a request from Councilors DiZoglio & Pesce, so DPW has made a recommendation to me regarding the proposals for the Old Ferry Road survey and engineering services. This has been something that has been a long time coming in terms of that conversation, and I gave the go ahead to explore the next steps of the process from a procurement standpoint and my goal is to have a contract in front of you in the coming weeks.So that's the plan for that. We're working to keep this moving. If the Council wishes to keep it on the agenda, that's fine. But we will have an action item soon.” Chair Faretra agreed on a recommendation to keep on the agenda. • Update on Searles Estate (Request of Clr. Soto) - Acting Mayor Beauregard said, “Update on the Searles estate - this is a request from the Vice Chair. We closed on the estate last week on Tuesday. As was promised when the administration was pitching the idea of purchasing the estate to the Council, I am moving forward with the establishment of a Searles Estate Future Use Advisory committee. I'll be including directors Wilson and Bower, the City Council Chair, representatives from relevant boards and commissions, and private sector representatives covering key areas of expertise such as arts and culture, education, architecture and engineering, finance and banking and grants and project management. The press release containing the members of the committee will be sent out from my office this week and I will continue to keep the Council and members of the public informed as they begin to meet to collect feedback from residents regarding the future use of the Searles estate.” Chair Faretra recognized Vice Chair Soto, “Well, I guess I would ask, I have two ordinance items on the table, and I would ask the solicitor if that's something I can discuss on the floor now. Because I've had various conversations with the Acting Mayor regarding them and they are still tabled due to the fact that the estate had not closed and now it has closed. And there was some other information that was disclosed that wasn’t disclosed on the floor. I want to know if I can bring those ordinances back on the table since we closed, and the Acting Mayor is moving forward to establishing the committee.” Solicitor Rosetti said, “I would recommend against removing those items METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING from the table tonight out of compliance concerns with the open meeting law. Admittedly, there is a reference to an update on Searles estate on the mayor's report. But that's been part of an ongoing process in his mayor's report that's been disclosed on the agenda, I think we'd be going beyond that point if the Council were to take up a motion to remove from the table the ordinances you put forward. Certainly, I would recommend you communicate with the Chair about getting them back on a future agenda, including at the very next meeting. But at this point, out of a necessity to comply with the open meeting law, I would recommend against bringing those forward tonight.” Vice Chair Soto said, “OK, thank you. No further questions.” Chair Faretra said, “So Vice Chair, is it your wish to bring those back for the December 2nd meeting?” and she said, “Yes, Mr. Chair. Thank you.” Chair Faretra said,” We'll make note of that. And then also I think we spoke about it a little bit at the last meeting, but starting at the December 2nd meeting, we're going to make the mayor's report a little more detailed and we're going to have the Searles estate as part of the mayor's report, so he'll be able to provide updates on that committee or other updates for the Searles at every meeting and that will be part of the mayor's report going forward for at least while I'm the Chair and whoever the next Chair is can decide if they want to keep it that way – working with the Mayor.” Chair Faretra recognized Clr. DiZoglio, “Can I also make a request that we get the meeting minutes for those meetings too, just to have them because I have a feeling this is going to be a very publicized.” Chair Faretra said, “Once the committee is formed, I think we can have that discussion. I don't think the committee’s meetings have been scheduled yet.” Clr. DiZoglio replied, “I thought the mayor said that it was going to be announced next week – that they’re putting out a press release, I think, correct me if I'm wrong.” Acting Mayor Beauregard said, “There are no meetings scheduled, just we have to get moving on the public process that was promised as part of the purchase. And those will be heavily publicized simply because we need all the feedback we can get from the public. Thank you.” Chair Faretra said, “I think we're between putting the Searles estate as a update under your report and the Vice Chair bringing back ordinances, I think we'll move this --- we're going to take this off of the request of Councilors at this point since it will be covered under multiple spots in the next meeting.” Acting Mayor Beauregard said, “Fine by me.” • Update on Maple Street & Hampstead Street Intersection – please move stop sign and paint stop line to the intersection and black out stop line 30 feet before the intersection (Req. of Clr. Marsan) - Acting Mayor Beauregard said, “And so we'll move on to the update on the intersection of Maple Street and Hampstead Street. This was a request by Councilor Marsan. Not much news to report here. Dig safe this coming this week. So, this is an ongoing project, so perhaps we can leave it on. But there's movement.” Clr. Marsan said, “I've been in contact with the director anyway, so I kind of know what the updates are from him directly. The time of year is working against us now. So right, it's just not going to happen till the spring.” Chair Faretra said, “Councilor Marsan, do you want to just take this off the agenda for now? Take it off and then we'll bring it back if something doesn't happen in the springtime, we can bring it back.” Clr. Marsan agreed. • Update on Harvey Trash Ordinance and ticket distribution (Req. of Chair Faretra) - Acting Mayor Beauregard said, “So an update on the ticket distribution and the Harvey METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING Trash Ordinance --- this was a request from Chair Faretra. This week, Harvey is now working through a more expansive list of designated streets and targeted areas across the city to reject the collection of trash and recycling barrels at any residences that are violating the trash and recycling ordinance that the Council passed. The violations have resulted, of course, in additional tonnage costs borne by taxpayers. So, Harvey is putting their foot down and working with DPW to ensure proper enforcement of the city's ordinance. And again, as I referenced, just now starting off with a small list, simply because we'd probably field far too many calls, if we had to go about the rollout on a more widespread basis. So we're beginning with a more targeted list.” Chair Faretra said, “And I'd like to leave this on there. Would we have a number of how many tickets were given out for the next meeting on those streets?” Acting Mayor Beauregard replied, “I can certainly get that from Matt Higgins.” Chair Faretra said, “OK. I would appreciate that. Thank you.” • Update on past traffic studies or new traffic study at the intersection of Park Street and Lawrence Street (Req. of Chair Faretra) - Acting Mayor Beauregard said, “Update on any traffic studies regarding the intersection of Park Street and Lawrence Street. Again, this was a request from the City Council Chair Faretra. I referenced this at the prior meeting. We're ultimately going to need to install signal lights at that intersection at some point. This is something that was likely recommended as part of a traffic study that has been done by the Charles Street wall and the Lawrence Street project. The next step would be to explore the prospect of an RFP for a traffic engineering study to confirm that and begin to involve, of course, MA DOT due to the impact this would have on Route 28, namely due to the need to coordinate with the signal lights on Broadway. So we can keep it on the agenda, but we have a few next steps to tend to.” Chair Faretra said, “So if the ball is rolling on this, I have no problem taking this off at this point and then checking back in in a couple of months just to kind of take something up. I can check back in in a couple of months. We can take this off then.” • Request to post license application questionnaires (Req. of Vice Chair Soto) - Acting Mayor Beauregard said, “Lastly, we have the request to post license application questionnaires. This is a request from Vice Chair Soto. During the last meeting, she had asked about the possibility of creating, in essence, a customer service questionnaire for people who apply for various licenses. This is something that we're taking a look at. It's always good for us to solicit feedback from those who do any type of business with the city to ensure that our processes are effective and meet the needs of the local business community, and I'm not sure if this is something I want to keep on the agenda, but I'm certainly happy to continue to provide updates as we work to overall improve the services we are providing to constituents.” Chair Faretra asked, “I believe so, Vice Chair. We'll keep this on, correct?” Clr. Soto said, “Yes, I guess I want clarification on what the mayor just said. When you say we're taking a close look at this, are you stating that inter- departments are having a conversation, how they can effectively work together to push this forward on the system because I think that's what's missing right now.” Acting Mayor Beauregard said, “Well, Vice Chair, correct me if I'm wrong --- my interpretation of the request was regarding the idea of, in essence, setting up a questionnaire to solicit feedback from people who apply for various licenses, just to identify perhaps how we can make the METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING process more streamlined or simply just better in ways overall. Is that what the original request was or was it more comprehensive?” Clr. Soto said, “So I guess I jumped the gun. Yes, that is the original request. But I've asked those questions myself and the answers were, in part, that they feel the Inter office communication is not as effective, even though on the portal --- how does one department trigger to the other? But again, yes, if we can keep it on the agenda and I'll have a sidebar conversation on the feedback I got.” Acting Mayor Beauregard said, “That'd be great. I’m certainly open to that and we want to make sure that the system is working in the most effective way possible.” • Chair Faretra said, “That is the end of the list of the old ones. Do we have new requests to add?” Clr. DiZoglio said, “Just with Route110 being a real big construction mayhem situation right now --- Route 495 N off ramp coming right next to the Heavenly Donuts area. The lines are completely blended in now into the road and the construction vehicles are bypassing Jason Street all together and going through the red light to go on to Route 495. So, when you're coming out of Jason Road, they get a green light to go and do kind of a U-turn on to Route 495 North. We're seeing near accidents coming in that area, so I think between there and the other end, we just want the lines repainted or at least the dotted line for the left lane to go left, the middle lane to go to 495 N and then the right lane to have it going straight, because at this point no one's paying attention and someone's going to get hurt.” Acting Mayor Beauregard asked, “So you're referring of course to Route 110.” Clr. DiZoglio replied, “Route 110 going over that bridge, going from Heavenly Donuts. So, from Calumet Road and Avedisian’s or even if you want to bring it back to Heavenly Donuts, that intersection with East Haverhill Street now, because those lines are also all blended in from East Haverhill Street all the way to Elixir lounge. The lines are just horrible because the construction’s tearing up the roads --- they're doing the bridge over, people are crossing lanes. It's been a nightmare on that stretch of the road.” Acting Mayor Beauregard said, “Understood. You and I live in that neck of the woods so I can certainly follow up – that’s a state road --- but I can certainly follow up.” Clr. DiZoglio said, “You have a semi coming out of that that construction yard going straight across the road, going through the red light because he sees a green light, or he or she sees a green light getting on to 495. I’m worried someone’s going to get hurt.” • Chair Faretra said, “I have two --- one’s kind of aesthetic and it's been bothering me for a while. Could we fix the holes in the wall in the basement and where all the COVID signs were ripped off the walls in this building --- could we get the drywall repaired? It's the first thing you see when you walk into the basement. It’s that huge hole above the elevator and then all these little tape rip spots in the drywall where all the COVID signs were ripped off. It just bothers me. It's an aesthetic thing. And then my second one's a little more difficult request. There was a lot of talk last year during FY2025 budget time about Greater Lawrence Technical School. I'm looking to find a copy of Superintendent Lavoie's contract.” Acting Mayor Beauregard said, “Please, maybe you and I can go look for it together.” Chair Faretra replied, “Yes, it's hard to find --- there's no reason why --- it should be public record. The fact that we have a Superintendent making that kind of money and he's not willing to go on the record and explain what happened in his school due to them closing the school for a week. Kind of disturbing. We need to see that contract before we vote on that budget next year. Thank you.” METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING • Chair Faretra recognized Clr. Campagnone, “I have a question going back to the update on the trash. Do we have a mechanism for the residents if they have a complaint about the trash. Who do they contact?” Acting Mayor Beauregard said, “We have the See Click Fix Program.” Clr. Campagnone said, “Only that I want the residents to know it's a two-way street.” Acting Mayor Beauregard said, “I apologize. My microphone wasn’t on. I was simply referring to --- just for the public at home, we have the See Click Fix Program that I would recommend that residents use. They're able to input their information, their address and the like. Any complaints they have regarding municipal services, including trash and recycling, and then we would have the ability to track whatever workflows are in place. So long story short, See Click Fix Program I would say is the way to go for residents to register any complaints or concerns regarding trash pickup.” 13. Other Officers and Committee Reports 14. Public Service: A) Grants: None B) Licenses: None C) Contract(s): C-25-46 – Colonial Ford, Inc., D/B/A Colonial Municipal Group, 6 Brigham Street, Marlborough, MA 01752 – (1) 2024 Ford F-550 Bucket Truck - $183,686.60 (funding coming from CIP) – Motion to Approve by Clr. DiZoglio, seconded by Clr. Pesce – Discussion – Chair Faretra recognized Clr. Marsan, “To the CAFO. So, we award this contract tonight that you can order this truck tomorrow, correct? And the company is here. So, it says we're ordering a 2024 truck. There's also a line item here that says if we were to order a 2025 truck, we have to pay an additional $5,000 and it's part of this contract. Why don't we order it tomorrow and take that $5000 out?” CAFO Duprey answered, “We don't plan to spend the $5,000, it's really just whether or not we have to.” Clr. Marsan said, “But it's part of the contract, right? I just want to make sure that we're not paying an extra $5,000 for this truck.” CAFO Duprey said, “If we can get it, yes. It’s a timing issue. The plan is to jump on this as soon as we can.” Clr. Marsan said, “Thank you.” Upon Vote - Unanimous C-25-47 – National Water Main Cleaning Company, 25 Marshall Street, # 2479, Canton, MA 02021 – CIPP Sewer Rehabilitation - $428,956.50 – Funded by ARPA - Motion to Approve by Clr. Campagnone, seconded by Clr. Saffie – Discussion - Chair Faretra recognized Clr. Marsan, “So just a comment, so this is just because we don't have a lot of information in our packet about this. This is where they put a new lining inside the sewer pipes that aren't the late model plastic pipes. All the concrete pipes that we have, and this is just a lining they put in there to make sure the pipe stays tighter so that we're not getting groundwater, and this also helps our fees at the MWRA. So, I'm sure Felix Garcia, Assistant DPW Director, can elaborate, but that's the gist of this. It's a great thing and it's a tool where we're not digging up our streets and we're fixing our pipe. So, it's a lot of money, but we're getting a lot out of it.” Acting Mayor Beauregard said, “And just to clarify --- CIPP stands for cured in place pipe.” Chair Faretra called Mr. Garcia to the podium, “This is a non-destructive way of making repairs to the sewer mains, so it's very efficient. And it's just a like a sock that has an epoxy. And then they just put it in the manhole, and then they pressurize it where it moves from one point to the other and then as time passes, it just cures. So now, where there were some cracks or defects now this new METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING lining is preventing groundwater from going into this sewer main, and we're not paying to get groundwater cleaned.” Acting Mayor said, “And one more thing. So, along with the next few contracts, we are landing the ARPA plane as we get to that late December deadline.” Chair Faretra added, “So, this is all obviously reflective of that and then I'm sure we'll have an update for that.” Upon Vote - Unanimous C-25-48 – Aqua Line Utility Inc., 1283 Washington Street, Weymouth, MA 02189 – Lowell Street Drainage Improvements - $3,987,028.00 – (Funded by ARPA) Motion to Approve by Clr. Campagnone, seconded by Clr. Saffie – Discussion - Chair Faretra passed the gavel and said, “I have a question for Deputy Director Garcia. If he has a moment. A general question - -- when it comes to projects of this magnitude, because it's come up, can you explain the bond process? Obviously, this company ---I read the contract --- we pay out 99% and we hold on to that 1% until everything's completed. So that 99% ---- there's not a bond on like a like a project. So, we hold on to that 99%. We don't pay 99% till we are satisfied with the work. Is that how it's done?” Deputy DPW Director Garcia said, “That is correct. We will hold a 5%. So, there's a performance bond. And then on and on top of that we could hold 5% of the invoice. So, let's say if it's like $100,000, we just hold $5,000. Then towards the end of the project, we go through what was done. Anything that's not to our liking, we'll say hey, this has to be corrected and then I'm sure they want to get paid and so they get it corrected.” Chair Faretra continued, “OK. And then my other question was regarding the timing on this. Obviously, it's mid-November, right? I know there's a one-year time frame on this project once it passes tonight. When's the time frame on this project to be started?” Deputy DPW Director Garcia replied, “So, with your approval it will get started ASAP. We have to get the area surveyed and we could start getting a schedule from the contractor. So, there's certain things that the contractor could do during the winter months and then definitely break ground during the springtime, so I would say maybe within the year, maybe less.” Chair Faretra said, “I appreciate the update. Thank you. I know there's a lot of neighborhoods below this area, like Shirley Avenue and those streets that their backyards have been destroyed by the runoff of this. So just want to let them know about that. Thank you.” Upon Vote - Unanimous C-25-49 – Albanese D&S, Inc., 66 Silva Lane, Dracut, MA 01826 – Arlington Neighborhood Infrastructure - $9,420,943.20 - Motion to Approve by Clr. Saffie, seconded by Clr. Campagnone – Discussion - Chair Faretra recognized Clr. DiZoglio, “Thank you. I know this is a big project and this has been a big project that we've been waiting for. To either to our deputy director or to the to the mayor. When are we looking to start putting shovels into the ground. I know we're getting to the winter months. Are we looking at April? When is this going to start or can you give an actual date? I want to make sure all the residents are notified of what roads are going to be torn up.” Acting Mayor Beauregard said, “This covers Phase 1 of this project, and the Deputy Director can elaborate.” Chair Faretra asked DPW Director Garcia to the podium, “So for the Arlington neighborhood project, this is only utilities. We are coordinating our efforts with Eversource. They're going to be fixing or upgrading their infrastructure within this neighborhood. We're working with them to make sure that we're not stepping on each other's toes. In terms of when we're going to start, again, we're going to start as soon as possible, get a schedule from the contractor and definitely. And I know we got a grant. Joe Cosgrove helped us get a grant to let people know what's going on. We’re going to be sending flyers to the residents so that they know what the schedule looks like and how they’ll be impacted. Again, we had to METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING get a schedule from the contractor because we have to approve it. We want to make sure because that it's going to be impacting a lot of people, but we can't have them just go crazy and do whatever they want. So, we want to make sure that if they're working on let's say Tenney Street is just Tenney Street and how much they're going to be working on Tenney Street and so on. Just to make sure that it's not overwhelming the families in the Arlington neighborhood. It's November, I'm sure maybe after the holidays, they'll start doing some work. I don't think it's going to be anything drastic, but I would say around springtime. We'll definitely go all out, but again, placing ourselves in a way where it is mitigating big impacts in the neighborhood. Thank you.” Acting Mayor Beauregard said, “I'll follow up with that --- councilor mentioned specific roads that are impacted. So, in this contract this covers Tenney Street, Camden Street, Chelmsford Street and Anna Street.” Chair Faretra added, “And just to follow up that I know Deputy Director Garcia mentioned Eversource. They met with the deputy director and Director Bower. And then they also met with the Acting Mayor and I last week to discuss coordinating their projects with this project. So, there's not multiple digs in that neighborhood, so DPW's been in contact to coordinate those efforts to not to disrupt the neighborhood numerous times.” - Upon Vote - Unanimous 15. Unfinished Business Resolutions: TR-24-69 – A Resolution Ordering the Methuen City Council to Lay Out Liam’s Lane as a Public Way - TR-24-69 – A Resolution Ordering the Methuen City Council to Lay Out Liam’s Lane as a Public Way - Motion to Approve by Clr. Saffie, seconded by Clr. Campagnone - Upon Vote - Unanimous TR-24-70 – Resolution Rescinding TR-24-17, the Enacting and Appointing Charter Review Committee for the City of Methuen and Enacting and Appointing a New Charter Review Committee for the City of Methuen. (Chair Faretra and Councilor DiZoglio)- Motion to Approve by Clr. DiZoglio, seconded by Clr. Campagnone - Upon Vote - Unanimous TR-24-71 Resolution Authorizing Expenditures Not to Exceed $16,000 from the Edwin J. Castle Fund for the Methuen Santa Parade (Requested by the Acting Mayor and the Commission on Trust Funds) - Motion to Approve by Clr. Saffie, seconded by Clr. Marsan - Upon Vote - Unanimous TR-24-72 Resolution Authorizing Expenditures of $2,045 from the Edwin J. Castle Fund for the Methuen DEI Committee Hispanic Heritage Event (Requested by the Acting Mayor and the Commission on Trust Funds) - Motion to Approve by Clr. Campagnone, seconded by Clr. Pesce – Discussion – Chair Faretra recognized Clr. DiZoglio, “I just want to reiterate that I hope this is in front of us before the event happens next time very similar to like the Santa Parade.” Acting Mayor Beauregard replied, “I appreciate the feedback, but as I mentioned during the last meeting, we can't control the schedule of the Trust Fund group, but nevertheless take it under advisement. Thank you, councilor.” - Upon Vote – Unanimous TR-24-73 Resolution Authorizing Acceptance of a $100,000 from the Municipal Local Cybersecurity Grant Program (Requested by the Acting Mayor and the CIO) - Motion to Approve by Clr. Campagnone, seconded by Clr. DiZoglio - Upon Vote – Unanimous METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING Ordinance(s): TO-24-16 An Ordinance Amending the Comprehensive Zoning Ordinance to Add a New Section V-X Multi-Family Overlay District (MFOD) as Required by Massachusetts General Laws Chapter 40A, Section 3A (MBTA Communities Act) (remove from the table) - THERE WAS NO MOTION TO REMOVE FROM THE TABLE, therefore, no action was taken. New Business: Resolutions: TR-24-74 – Resolution Approving Historic Preservation Restriction on 2 Cooper Lane, Methuen, and Authorizing Acting Mayor to Execute Recordable Instrument Confirming Restriction (Sponsored by the Acting Mayor and the Director of Economic and Community Development) – Motion by Clr. Marsan, seconded by Clr. Valley – Discussion – Chair Faretra recognized Clr. Marsan, “I just have a point information --- this this is where we are allowed this. Under the historic preservation, they allow us to have a developer to take a house and that developer gets an extra lot of land for preserving and conserving the existing house. It's a great thing. We get to preserve more buildings in our city. Thank you for doing that.” Acting Mayor Beauregard added, “The property in question was constructed in 1797 so it's very old. Thank you.” Upon Vote - Unanimous TR-24-75 – Resolution Authorizing the Order of Taking for Liam’s Lane (Per Recommendation of the Community Development Board) - Motion to Approve by Clr. Saffie, seconded by Clr. Marsan – Discussion - Chair Faretra recognized Clr. Marsan, “We’ve just got to do something about the process here, this poor guy. Whoever Liams Lane is and then the poor residents there, we have to fix this process. This is ridiculous. You know, 10 times we've been voting on Liam's Lane. We have to get with the CD department, and we need to just fix this.” Chair Faretra said, “I'd like to give the floor to the solicitor because this does seem like a pretty lengthy drawn-out process, but maybe you can fill us in on why we have to keep taking this up. We're taking it and laying it out and earlier in the agenda, we what was it? You know, we laid it out and now we're taking it. So yeah, if you can kind of explain everything on why we're doing this so many times, it'd be greatly appreciated.” Chair Faretra recognized Solicitor Rosetti, “I can appreciate the frustration at constantly seeing the name of the street on agenda items. Having said that, there would be no point to doing an order of taking if this Council decided not to accept the way. The Council would have to accept the way as an accepted way before the need to do an order of taking.” Clr. Marsan said, “Again, I just say we have to fix the process, but our process is too long. It's too tedious and our CD department, I understand the legality and we have to do certain things, but we can do multiple steps, I believe, at the same meeting. I think we can expedite this better.” Chair Faretra said, “Can I ask for a follow up to that? I'm going to pass the gavel. Would it be possible for this first read of the taking? Being at the meeting of the second read, I guess we did it that way, but there's got to be a quicker way because I feel like we've done 6 different reads.” Clr. Marsan said, “There is a process, and we have to follow, and we can't do 1 before the other, but we can do multiple steps I believe at a meeting, so we just have to coordinate with the CD board and the CD department to try to expedite.” Chair recognized Vice Chair Soto, “Thank you, Mr. Chair. The question I have is with the 60 streets I was assigned under our committee. Is this what would happen to those streets? If we were to accept some of them, would this process that has happened with Liam's Way have to happen for all of these streets? That's my first question.” Chair Faretra said, “Solicitor, I think that's a great question. As METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING the committee is going through 180 streets right now, if we were to undertake many streets making them go from unaccepted to accepted. Is that going to be the process for every one of those roads?” Solicitor Rosetti said, “This process is driven by a legal process, so yes, it would go through this. Now having said that, I would advise the committee to be very careful to look closely at whatever recommendations come out of DPW and Engineering in terms of the roadway worthiness of those streets that are under consideration by the committee. Because there may be 180 plus roads on the list, but I suspect there'll be varying degrees of road worthiness by the engineering department, so it will be important for the committee to take a close look at what engineering has to say.” Chair Faretra recognized Vice Chair Soto, “I guess based on the solicitor's comment, my follow up changes because the question was for him to outline this process or make it dummy proof for me. But with this comment I think I’ve got to go back to the city engineer and DPW first before he could do that. So, thank you.” Chair Faretra said, “Vice Chair, I wonder if maybe during one of our unaccepted ways meetings, if we could ask Community Development to lay out that process and see if there's a way, we bring that to our meeting.” Vice Chair Soto said, “That would be helpful, Mr. Chair. Thank you.” Chair Faretra recognized Clr. DiZoglio, “Is there a chance, through you, Mr. Chair, to the solicitor? Is there a way that we could add EPAs to this based off the situations with the road or the safety of the roads or anything like that?” Solicitor Rosetti said, “That option is certainly available to the to the body if the body chooses it can choose to accept these resolutions on an emergency basis, and it may be that the conditions of the road are such that it's kind of a catch 22. It may mean it may be a question of the conditions of the road, justifying emergency action, but if the roads are decrepit to the point where engineering doesn't recommend acceptance. You see what I'm saying so the short answer is yes, this body can consider and approve EPAs to cut this to one reading, but it'll it's up to the body to determine whether or not this would meet the standard for an emergency under the charter.” Clr. DiZoglio said, “I'd ask the committee if there's a recommendation to help maybe speed that along is an option --- if there is an opportunity, because this is going to be 180 roads.” Clr. Marsan replied, “So thank you. I'll answer that one. So, I would say only that we shouldn't do EPAs unless it's a true emergency. The only way we should consider this is when to expedite this process of accepting a street is when it's a new subdivision. So, all the roads that we're looking at on accepted ways --- we have to look at each one individually because they weren't built --- most of them --- to subdivision rules today. So, there's going to be a lot of criteria we have to look at before we say we're going to bring one of the streets forward. We shouldn't put an EPA on those --- but a road that's built and developers used our city subdivision rules and regulations, we could possibly expedite those. It’s really two separate items.” Clr. DiZoglio said, “It is, but and the one thing I would ask too is if we could also do this in bulk instead of like one road at a time.” Clr. Marsan said, “No, sorry. I'm going to answer. We have to take each one as an individual case for approval.” Clr. DiZoglio said, “No, I'm talking about when you bring it in --- in front of the Council.” Clr. Marsan said, “I don't see how we can possibly because each road is so different.” Chair Faretra said, “Well, no. But I also know there's going to be a notification process, right? And there’ll be public hearings on taking the road. There's going to be abutters notified. So, to do that, let's say you want to take 20 roads at once. You're going to do 20 public hearings. You can't just do public hearing for these 20 roads. I think you know you're notifying all of those abutters. Yeah, like so it's a process. We're going to get there. But you know, those 180 roads --- I don't think you know, maybe a small percentage of those end up being accepted so it's going to be a while. We could possibly do 2 together --- if there's two in the neighborhood that are like close to each other, you may do those METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING two together, but you're not going to do a road in the east, 3 roads in the central and 4 in the west and put them on one agenda as together, you know, I think we're far from there, but you know we’re just evaluating at this point.” Upon Vote - Unanimous TR-24-76 - Resolution Authorizing Acceptance of a $39,110.86 Commonwealth of Massachusetts Fiscal Year 2025 Federal Municipal Road Safety Grant (Requested by the Acting Mayor and Chief of Police) Motion to Approve by Clr. DiZoglio, seconded by Clr. Campagnone Upon Vote - Unanimous TR-24-77 - Resolution Ratifying the General Court’s Requested Amendment to HR4895, “An Act Authorizing Raising the Maximum Retirement Age of Special Police Officers in the City of Methuen to 70 Years Old” (Requested by the Acting Mayor and Chief of Police) - Motion to Approve by Clr. Campagnone, seconded by Clr. DiZoglio – Discussion - Chair Faretra said, “I want to give the floor to the Acting Mayor and Solicitor to explain where we are here.” Acting Mayor Beauregard said, “So, Mr. Chair, just to provide some background --- on the morning of Tuesday, October 15th, we received word from Representative Ryan Hamilton that he had received a message from other individuals within the House of Representatives. I would imagine parliamentarians, perhaps, and they indicated that for this home petition, we are required to amend it to add the language “pursuant to this Act” in Sections 2 and 3. And so, in order to accommodate that request, we literally have here in front of us, that proposed amendment, perhaps the Solicitor can elaborate, but that's the long and short of what we're doing here.” Solicitor Rosetti said, “The Acting Mayor is exactly right. And to expound --- it's the House's view that this is not just a ministerial change and it's a substantive change, so it has to go through a ratification process. So that's why it's before the body today.” Chair Faretra said, “So normally for this we would have to have a another a public hearing, but since we've had a public hearing on this already, we're just really changing that ‘pursuant to this Act.’Could this body decide to waive the public hearing for TR-24-77, or should this be tabled for another public hearing prior to our December 2nd City Council meeting? City Solicitor Rosetti replied, “Since the House believes this is a substantive change, my recommendation would be to table it and do a public hearing on the amended language and go through the process. I know it seems cumbersome, but we've been so directed by the House, so my recommendation would be to air on the side of crossing T's and dotting I’s and tabling to a public hearing and then conducting the second read that night.” Chair Faretra said, “Well, the house doesn't seem to care what the People think. And that's a different conversation altogether.” Motion to Table to a Public Hearing by Clr. Marsan, seconded by Clr. Campagnone - Upon Vote - Unanimous Chair Faretra said, “We'll have a public hearing before we move forward. So, we have a public hearing, we have a special meeting on December 2nd. Ms. Duprey do you need that whole hour for the tax classification meeting?” CAFO Duprey replied, “It depends on how many questions that the Council has. I know we have some newer Council members. We're going to try and give as much information up front and ahead of time so that questions can be asked ahead of time. But it's the same type of presentation. So, in theory, no, not even close to an hour is needed.” Chair Faretra said, “Because what I'd like to do is have your meeting at 6:00 PM and do this public hearing at 6:45 PM and our City Council meeting at 7:00 PM that night.” CAFO Duprey replied, “I don't see that being a problem. METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING TR-24-78 Resolution Authorizing the Execution and Submission of the Attached Request For an Unfunded Mandate Ruling, by the Division of Local Mandates of the Office of the State Auditor, Regarding the MBTA Communities Act, Massachusetts General Laws Chapter 40A, Section 3A (Requested by Councilor Pesce) (EPA REQUESTED) - Motion to Approve by Clr. DiZoglio, seconded by Clr. Campagnone – Upon Vote – 7 yes, 1 recused (Clr. Saffie) – Discussion - Chair Faretra recognized Clr. Pesce, “Thank you. So, I know I spoke a little bit about bringing this forward last meeting and I also know that we tabled the discussion on the MBTA Communities Act tonight. But I do think that we're faced with a sense of urgency right now and putting something forward. And while I see no harm in keeping our vote tabled in the hopes that the court nears some sort of resolution for the Community's standing. I think that this particular letter or petition, if you will, it's almost like a contingency plan. So, in my opinion, no harm can come from this and I want the Council to understand that if in fact, we are forced to go forward in complying with this mandate and it is unfunded and we go forward and have costs associated with it without this particular letter and that determination letter, we will not be in reimbursed for those costs. This is kind of an extra layer of protection, in my opinion, that if and when we do have costs associated with this, we can then have some sort of recourse to get those cost absorbed, so I think it's a no brainer in my opinion. There are other municipalities who have already done this through the State Auditor’s Office Division of Local Mandates. My only caveat is with the pending litigation, I'm not even sure that we'll see an opinion come back prior to the deadline. But I think it helps to at least have it in, and I appreciate the EPA too --- to kind of expedite this whole process.” Chair Faretra said, “I have passed the gavel just real quick. I want to kind of follow up. I think this is a great idea. I think we need to try to fight this, but I also think we need to eventually pass the Act. While we do this because I think it’s the best thing we can do is if something does come back either from this or from the courts who are fighting this act, and then all of a sudden, it's found unlawful, we can always rescind our vote, but I think us losing $1,000,000 in funding can hurt the city. Right now, regarding the Arlington neighborhood project funding --- the state has yet to release the $150,000 earmark. And there's slated to close December 14th. Because they have not received their state earmark money yet, and we're all convinced that this is one of the reasons why. Because we have yet to pass this and this is what the state is doing right --- they're dangling this carrot over all the communities saying if you don't pass this, we're not giving you money.” Clr. Campagnone said, “They’re holding us hostage.” Chair Faretra replied, "Pretty much that’s what they're doing.” Acting Mayor Beauregard added, “We will move heaven and earth before MAN, Inc. closes.” Chair Faretra said, “Right. You know, the state is telling you --- you need to do this or we're not giving you money while they're doing the complete opposite talking, you know, on MSNBC. When it comes to the federal government, come January 20th, we're not going to comply with what you're doing, but we're doing the same thing now to communities here, so its mind boggling what we're doing here.” Clr. Pesce said, “Sorry, just quick follow up. I just want to caution us all, we keep hearing about is the $1.7 million that they're withholding from us and just like you said, it's the carrot they're METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING dangling in front of us and it's like this, this is scare tactic for a game of chicken, right? And I want to be careful because it's been asked by Council members, and it's been suggested by other communities that there is an actual cost associated with this. In my layperson's opinion, that cost is going to far outweigh the $1.7 million that they're holding us hostage for. So, this particular letter, I mean, just tonight we voted like over $14 million in infrastructure. So, imagine what this could do long term. If Target decides to put 200 units above it after we pass this. You want to talk about infrastructure? I mean, it's going to be a heck of a lot more than $1.7 million. So, I just want to reiterate that while that might be devastating in the immediate future, we can't be short- sighted. And I think this letter in particular will, at least if we are forced to do something with this, even if we voted it down and we still were forced by a court decision to comply with this, I think this would add a layer of protection for Methuen that we desperately would need in that situation.” Chair Faretra recognized Vice Chair Soto, “I have a question, Mr. Chair. So, to the packet, there was a city of Worcester versus the governor’s attachment. That document states that they had already got a “no” answer. Did I misunderstand that attachment? That's my first question. Are we looking most likely get the same answer? I was kind of confused by the Worcester versus governor attached to the emergency preamble. That's number one. And then I have a follow up question to that.” City Solicitor Rosetti said, “I can't speak for how the package was put together, but I can speak to the case. That case was furnished to the counselors so that the councilors could have the benefit of reading what's really the seminal case interpreting the statute that allows Methuen to seek an unfunded mandate opinion from the division of local mandates. That was to give the Council a view of what courts look at in determining whether or not a state law imposes an unfunded mandate on a municipality. It's not going to be attached to the letter, and it's not part of the emergency preamble. It was simply furnished as a courtesy head’s up for informational purposes, Vice Chair.” Clr. Pesce added, “And sorry, Mr. Solicitor, you would agree. Sorry. Just to add to this, I'm assuming you would agree that it doesn't necessarily dictate how the vote would go in this particular instance too. It's just the nearest case law in something like this.” Solicitor Rosetti agreed. Vice Chair Soto continued, “My follow up is maybe this is to the CAFO or the solicitor not passing that MBTA --- we're mentioning $1.7 million. Does that affect, for example, the public safety building that we're planning to build in the upcoming years?” Solicitor Rosetti replied, “Well, the MBTA communities law is pretty clear. When you read that in conjunction with the enabling regulations that municipalities that do not pass the MBTA communities that do not pass the Zoning Amendment do face the prospect of these grants drying up and as the CAFO pointed out in our financial analysis, in the event of non- compliance portend a loss of about $1.7 million. I would defer to the CAFO in terms of how that loss impacts a public safety building or any other infrastructure here in the city.” Acting Mayor Beauregard said, “So just so the Council is just eyes wide open as it relates to the specific grants that would be impacted, the biggest one would be the grant that we've received for the Charles St. Wall which is over $1,000,000. That's the biggest portion of that $1.7 million that would be impacted. So just food for thought and eyes wide open for the Council.” CAFO Duprey added, METHUEN CITY COUNCIL REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 2024 @ 7:00 P.M. GREAT HALL, SEARLES BUILDING “So, I was just going to say that that the types of funding that we're looking at losing is geared more towards the Community Development side of things like the Charles St. Wall. I'm not sure specifically about the public safety building, but that's kind of what we're looking at as far as what's making up that amount.” Clr. Pesce said, “Do we need to have a motion to clear up the preamble before we vote on it.” Chair Faretra said, “So we have to vote on TR-24-78 to pass first and then if it passes, we'll address the preamble.” Clr. DiZoglio then asked, “This isn't going to impact our bond rating for Methuen, right?” Acting Mayor Beauregard replied, “If we have to start using free cash, for let's say for the Charles St. Wall, hypothetically speaking, if we had to start dipping into free cash to pay for things, then that certainly would have an impact on our bond rating. But nevertheless, this is from what I can see in terms of the legislation, this isn't the actual MBTA Communities act in terms of achieving compliance --- this is simply requesting an opinion from a government entity. So, I view the two as separate, but nevertheless, in terms of the actual non-compliance issue, loss of grant funds, if we did have anything that we needed to pull out of free cash to pay for --- And that absolutely would affect our bond situation. But again, I view that as separate from this Council. Thank you.” Motion to approve amendment to (attach) EPA by Clr. Campagnone, seconded by Clr. Pesce – Upon Vote – 7 yes, 1 recused (Clr. Saffie) – Motion to Approve EPA – Upon Vote - 7 yes, 1 recused (Clr. Saffie) Ordinances: None 16. Any Other Business for the Good and Welfare of the Community • Army Navy Football Game Watch Party on Saturday, December 14, 2024 from 1:30-3:00 PM at the VFW, 26 River Street, Methuen – Tickets are $10.00 each. Any questions, contact Veteran’s agent Paul Jensen or Councilor Joyce Campagnone. • Santa Parade, Saturday, November 23rd at 1:00 PM. Like every year's parade, it's going to begin at the Pelham St. Park and Ride and end at Nicholson Stadium. • Clr. Marsan, Clr. Soto and Clr. DiZoglio are concerned about the new casino that’s coming in that’s being voted on in Salem, NH. Please add to concerns of councilors. • Chair Faretra mentioned getting letters from Central Catholic students. Unfortunately, the students didn’t include their contact information. If someone could reach out and get their e-mail addresses, that would be helpful. Motion to Adjourn at 8:46 PM by Clr. Campagnone, seconded by Clr. Marsan - Upon Vote – 7 yes, 1 absent (Clr. Saffie) Respectfully submitted, Lisa Yarid Ferry Assistant City Council Clerk 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 December 2, 2024. Linda Gagnon COUNCIL CLERK