City Council

METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 Chair Marsan called the Special Meeting to order at 5:30 PM. Members present: Clr. Campagnone, Clr. Faretra, Clr. Pesce, Clr. Saffie, Clr. Soto, Clr. Surillo, Clr. Valley and Chair Marsan. Clr. DiZoglio was absent. Acceptance of Agenda MOTION BY: Clr. Campagnone, seconded by Vice Chair Soto to accept the agenda. UPON ROLL CALL VOTE: 8 yes, 1 absent (Clr. DiZoglio) 1. Public Participation – None  C-25-93 – Atkinson Carpet and Flooring, 11 Rogers Road, Haverhill, MA 01835 for the Removal of Carpets and Cove Base, Installation of VCT and Cove Base at the Timony School in the Amount of $139,888 (Funded via the FY25 CIP) – MOTION TO APPROVE by Clr. Faretra, seconded by Clr. Campagnone – Discussion – Chair Marsan recognized Clr. Faretra, “Real quick, through you, Mr. Chair to the Mayor, obviously this is through the CIP. Are there going to be other schools that are going to have this same project done in the future or is this a one-time thing?” Mayor Beauregard said, “My plan is to incorporate funding for classroom carpet replacement in the forthcoming CIPs as well for the other schools. The issue with the Timony is that they have, I would say, the most significant amount of space that has this old carpeting, but they also have the issue of needing asbestos abatement. There's asbestos glue below these carpets, so the Timony is, at this point, the neediest school in the way of carpet replacement, so we're starting there and then we'll proceed to the others, but I'll point out that the Timony is most extensive in terms of cost and the work that needs to be done. So, that is not to say the worst school, but in the context of needing the most extensive project.” Chair Marsan recognized Clr. Soto, Yeah, I have a question, Mr. Chair, through you to the Mayor. On, when I was reading the contract, the part where it states that they would give us a warranty on their work. It wasn't clearly stated, but also, so I'll ask you a few questions, that way you can run through the answers. The other part, I saw the list of rooms that were going to be done --- it's like 15 rooms, give or take. So, it refers to a sketch or a map on there, or maybe you can elaborate on that, the sketch of what's going to be done, and most importantly, the square footage that they're covering. My question is about the warranty for that work, and the materials being used weren't really specified. So, what is the kind of warranty they're giving, aside from manufacturers, which is five to ten years, in Massachusetts, for the contractors. My colleague here can probably attest to that, it's one to two years, but there's nothing referenced in this contract about that. My thing is, A, when we walk through that school, there was some sort of notion or understanding that potentially there's lead under that, so I want clarification on that. If that arises, how are we going to mitigate that, because that brings the cost to very expensive, 1 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 more than this. And then secondly, if, you know, the flooring that we're using, it's like PVC flooring, or you know, you know better about that. If it doesn't stick, or they don't use the correct adhesive, what are the recourses that we have for this company to come back and take care of that? And then again, we have a seven- day span to get this work done. Also, if it's not delivered, what happens within the seven days? Those were my questions on the contract. Thank you.” Mayor Beauregard replied, “Yes, all good questions. I'll let Mr. Gosselin answer any specifics as it relates to the questions that you had. However, I will point out that the Timony, similar to the Tenney, there had been a previously existing school building. The Timony has been around since the 1960s, and so when it comes to the need for the abatement, as it relates to the asbestos part here, that's mostly prevalent in the older sections of the building. There had been an addition constructed as part of the broader renovation of the building in the late 1990s, so that isn't an issue in the newer section of the building. This is only related to the older section. Now, I will point out that the abatement aspect is separate from this. This just relates to the carpets, but I'll let Mr. Gosselin share any additional insights on his end.” MPS Business Manager Ian Gosselin replied, “Yes, the abatement, the way it went out, there's approximately 42 rooms total that need to be done. Of those 42, about 22 of them need abatement. We have gone out to bid for the abatement. We just got the signed contract back today, so that will be coming to you very soon so that we can start on the abatement. We are also concerned about the timeline, so we're working on the abatement rooms, abating them and tiling them, and then when we've done that, we'll use Christmas vacation, April vacation, to do the ones that don't need the abatement.” Clr. Soto asked, “So from the 12 rooms that are referenced in the contract, do you know the amount of square footage that that covers?” Mr. Gosselin said, “No, square footage off the top of my head? I can get that for you tomorrow.” Clr. Soto said, “Okay, but the sketch, a hundred thousand square feet, you have no idea on that number for those rooms?” Mr. Gosselin said, “Yeah, when we were estimating, we were using a thousand square feet per room as an estimate.” Clr. Soto said, “There was no sketch done?” Mr. Gosselin replied, “They visited each room.” Clr. Soto said, “Okay, but didn't sketch it out?” Mr. Gosselin said, “I'm sure some of them measured each room.” Clr. Soto said, “Okay, just because the contract references a sketch.” Mr. Gosselin said, “All right, so I can get you that sketch.” Chair Marsan said, “And again, it doesn't say what we're putting in, does it? It doesn't specifically say what product is going on the floor that I can see. And if we know there's an abatement on the floors, why isn't that part of the bid now? Like, if we know it's there, we've already done floors. It's just odd how we're doing this process, that we know it's there, why isn't it part of the contract? Why aren't we separating the contract? Maybe, to the ones that don't have it, and do that. I just don't like the contract, how vague it is, that's my perception of it, but that's just me. So, we're just agreeing to do the floor and take out the carpet, which we know must come out. I went through the walkthrough, and it is horrendous, and 2 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 the issues that are there with it, but we got to make sure we're doing the right thing, putting it back in, that's all the product we're putting in.” Chair Marsan recognized Clr. Faretra, “In the head of the contract, it says they're putting in the VCT tile, right, so that's what they're putting in. I don't think we need to get into patterns or colors, but you know, normally, VCT is a 12 by 12 floor tile that's standard for school floors.” Mayor Beauregard said, “And the thinking is that rather than replacing it with carpeting, which would have the same issue, right?” Chair Marsan said, “Because of all the issues with the kids --- they're all young kids, and we shouldn't have carpet, we've learned that over time.” Mayor Beauregard said, “I guess the last thing I'll say, I mentioned it previously in passing, but the abatement piece, that will be a separate agenda item.” UPON VOTE – 8 yes, 1 absent (Clr. DiZoglio)  C-25-94 – General Mechanical Contractors, 29A Sword Street, Auburn, MA 01501 for Boiler Replacement at the Marsh Grammar School in the Amount of $693,000 (Funded via the FY25 CIP) - MOTION TO APPROVE by Clr. Faretra, seconded by Clr. Campagnone – Discussion – Chair Marsan recognized Clr. Campagnone, “Yes, I'd just like to know what kind of agreement we have with them --- a guarantee, because we've been through these things before, and we've had to come back sometimes with problems, so that's why I'm asking about a guarantee on this issue.” Mayor Beauregard said, “So, there's some context regarding this contract, and I'll invite Mr. Gosselin to share any additional information. So, this has been a part of our conversation in the approval process for the FY’25 CIP. The Marsh School is most certainly in need of this replacement boiler. Now, in terms of process, the Solicitor can chime in as well, there is a standard contract template that the city will use for vendor contracts, and the issue with this is that it's not based on that city template, in essence. It's the vendor's version of the contract. I know the Solicitor had some concerns about that, and the other piece, too, that I need to mention is that the contract had been executed. It had not been signed off by me or the CAFO before work began last week. Now, the caveat that we have here that I need to mention is that this is a critical project. It is important that it gets done this summer, despite the process issues here, but in terms of your question, Clr. Campagnone, regarding protections, it comes with a one-year warranty, which I would argue is not up to snuff. Nevertheless, this is something that we could face additional costs beyond this for the work that's already been completed. If we don't have a contract, I'll invite Mr. Gosselin to share more information, but this is why this is a this is an interesting one.” Clr. Campagnone said, “The work's already been started?” Mayor Beauregard said yes. Clr. Campagnone said, “Who gave permission?” MPS Business Manager Ian Gosselin said, “That would be my error.” Clr. Campagnone said, “You of all people.” Mr. Gosselin said, “I agree, that's why I'm here.” Clr. Campagnone said, “And I'm only saying that is because you've been here and you've been through this before.” Mr. Gosselin agreed. Clr. 3 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 Campagnone said, “So, shame on you for that.” Mr. Gosselin said, “I agree. When the funding was approved for the CIP, in my head, it was go, go, go. The contract that is in there, I will tell you, is the contract that the city has provided to us for the last 10 years since I was in this position, and just recently they changed it to a new one. We went out to bid. They asked that we send the contract out with the bid when we go out to bid so that they know what the general contract looks like. We use the one that we've been using for 10 years and we've sent it out with the bid, and then we asked them to sign a different one, and they said, well that's not the one that went out with the bid so either we sign the one that goes out with the bid and we can get it done by September, or go back out to bid and put the new contract out with it. I chose to get it done before September. Maybe I was wrong. Otherwise, going out to bid would probably be about another six-week process.” Clr. Campagnone said, “Yes, but you know how contractors go. They would have got it done.” Mr. Gosselin said, “It's a very, very big job.” Clr. Campagnone said, “No, I realize that, but it's big money too. I hope you don't have to come back here and tell us a different story, that there's a problem.” Mr. Gosselin said, “Agreed, and we do have the new template specifically for contract for construction, which will be going out with the bids and moving forward. We're working closely with the Purchasing Department up here to make sure we have the new contracts in place.” Clr. Campagnone said, “I realize what your job is and what you're trying to do, and I appreciate that, but I'm also looking out for the tax dollars because we both know and I think a lot of us sitting here, have been through renovations and all, and what it's like when the contractor comes back and looking for more money. Thank you, Mr. Gosselin.” Chair Marsan recognized Clr. Surillo, “Thank you. Before I ask the city attorney to go over this letter, Mr. Gosselin, you said something that just caught my attention. You sent out the contracts as part of the bid packet --- the RFP packet. You received a bid that didn't have that contract with it after the bid closed. You said that they provided their contract.” Mr. Gosselin said, “No, this isn't their contract. This is Methuen's. This is not their contract. It says right at the header. I should say right at the top that it's Methuen Public Schools standard contract for services. We've been using this one for services and another one for supplies.” Clr. Surillo said, “But it was communication with the city attorney saying this contract was not something we should be using on the process. So why did we continue with the process knowing that it was a flawed process? The city attorney had some questions on this bid, why did we continue with the process without going through the proper channels? And if you yourself just said five seconds ago, if I'm not mistaken, that you received something different than what you put out, but you went with them.” Mr. Gosselin said, “What we put out is what is in front of you. That's what went out with the bid. What I'm saying is after the bid, the Purchasing department said, oh you're not supposed to use that one anymore. You're supposed to use this other template. So, we sent that out to the vendor, and they pretty much said, well are we going with what you went out to bid? Because otherwise you need to 4 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 go out to bid again with the new contract. And time is of the essence because those boilers will not pass inspection.” Clr. Surillo said, “When was the inspection?” Mr. Gosselin said, “They failed the inspection this past year. Boiler inspections. They will not give us another year to limp along. So that's why time is of the essence. I had to make a decision and maybe it was the wrong one. But trying to just get it done.” Clr. Surillo said, “I don't mind. I don't disagree with getting something done. But right now, where the schools are in the process of shutting down, this is when we still have enough time to get the process correctly before the school kicks in in August?” Mr. Gosselin said, “To go out to bid is probably another six weeks. We'll never get a boiler replaced in the last two weeks of August. Six weeks will bring us to about the second week of August.” Clr. Surillo said, “Okay. I've had the work done a lot quicker than that. But I'll go on your word, but I still have to go with what the City Solicitor put in his email as well.” Chair Marsan recognized Clr. Soto, “Thank you. Item 5 says that it's subject to appropriation or other availability of funds as certified by the Business Administrator. I understand that we’re expecting additional funds to be requested in this contract. Am I interpreting that right?” Mayor Beauregard said, “So, this would be funded through the FY’25 CIP in its entirety.” Clr. Soto said, “Correct. But if they need more dollars, they have to come back to us or based on this statement and maybe this is a question for you, Mr. Solicitor. Am I interpreting it incorrectly?” Solicitor O’Neill said, “We're here tonight actually when the Council approves a contract, you're approving the appropriation that goes with the contract as well as the terms of the contract. So really there is no appropriation until you approve the contract. There's a funding source the Mayor and the CAFO have put forth the CIP as the funding source for this contract and that is what funds that on the city side. These are city side funds, and this is why the schools were required to follow the city side process of procurement and not their own process. I've spoken with both Jessica Kalil and Laurie Antonacci of the Purchasing Department, about this issue and they have both told me they provided the correct documents to put in the bid package that went out and that they were not used.” Clr. Soto said, “So, who didn't use them?” Solicitor O’Neill said, “The School Department did not use the package that was provided to them. They assisted them in preparing for this bid. OK, basically we didn't follow the correct procurement laws in this bid. That's clear because of the urgency that we have to have this done yet the CIP was approved when? This is something that comes back to this floor. We're rushing to get things done and paid but we have eight months and we're doing this in eight months. I mean that's the way I see it. So, I'm not I'm not going to vote on this with an incorrect process. And I understand the urgency and what's going to happen. I think this has to go back out the correct way and we have to start doing things right because if we approve of this, just because we're in a rush. This is nothing personal, Mr. Gosselin. But understanding what Clr. Surillo just alluded --- me sitting here and playing stupid does not go well with me. So, I am voting no on this Mr. Mayor. The process for 5 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 this contract to be approved was not correct. Thank you, Mr. Gosselin.” Chair Marsan recognized Clr. Saffie, “Thank you. I'm just curious. At any point were we able to try to negotiate a longer warranty? I know the email says the warranty is normally five years and if it's signed, I don't think they're going to go for that but maybe meet in the middle.” Solicitor O’Neill said, “We were unable to do that.” Clr. Saffie asked, “Did you try though?” Solicitor O’Neill said yes.” Clr. Saffie said, “I guess to the Solicitor if this has already started and it's voted down, are we still going to get billed. They've done work, correct?” Solicitor O’Neill said, “We will be responsible to pay for the work --- the reasonable value of the work that has been done. Mr. Gosselin may be able to tell us what that is. I have an understanding that the boilers have been removed. I don't know if that's true or untrue. Perhaps this isn't an off-the-shelf item. I'm sure they've had to order a boiler so yes, the City will be on the hook for the reasonable value of whatever work has been done.” Clr. Saffie asked, “Has a significant amount of work taken place?” Mr. Gosselin said, “About two and a half days of work has been done.” Chair Marsan recognized Clr. Pesce, “Thanks that was one of my questions and I don't want to beat a dead horse. I'm just curious because the email that we received tonight from the City Solicitor is dated approximately two weeks prior to the signing of the contract. My question is 1. Did you ever receive a copy of it because I know you weren't on this email. So, it's an email stating some of the potential problems with the existing contract and the process and I'm just wondering, it looks like it went to the Purchasing Department.” Solicitor O’Neill said, “That's the normal process. The Purchasing Department will send the contracts to the Legal Department. Legal will review them and provide its feedback to Purchasing Office Director Lauri Antonacci. And she followed up with an email the same day or shortly after that. I don't have that email but I'm sure certain I can get it for you. She incorporates the comments that I made and sends them back to the School Department and the vendor.” Clr. Pesce said, “Because we don't have the original contract in front of us for comparison unless this is it. Were any of your suggestions incorporated?” Solicitor O’Neill said, “No, none of them were incorporated.” Clr. Pesce continued, “That's my bigger concern and I get a sense of urgency but if we're fully utilizing our Legal Department and we have a document with his opinions about the legality and concerns and caveats of a particular contract, like this email. Just reading it now raises a whole bunch of red flags for me and that's why my question was going to what Clr. Saffie asked because now we're backwards on it. We're in a weird position and it almost sounds like this company are digging their heels in. You put it out, they signed this, and nope, sorry everything else is off the table. I feel like we have to dig our heels in too and follow the correct process. Just as a precedent if not for any other reason they can't have us over a barrel like this, especially with the amount of potential issues that may arise from using this contract. I'd rather cut our losses now and do it the right way even if unfortunately, that means that we might be a little behind on the timeline, but I do agree that potentially, if we have to go out to 6 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 bid again, can't we restrict that timeline?” Mr. Gosselin said, “We could do an emergency procurement possibly or if it doesn't pass, maybe we could have the Solicitor reach out to the company and work directly with them on the template.” Clr. Pesce continued, “And my last question is who's the actual authoritative person on this? Would it be the Superintendent who would be the signatory?” Solicitor O’Neill said, “It would require the Mayor's signature as well as mine. You'll notice my signature is not on there; the Mayor's signature is not on the contract and neither is the CAFO’s. All three signatures are required.” Clr. Pesce said, “Is there an argument for a meeting of the minds since the appropriate signatories aren’t on it.” Solicitor O’Neill said, “Ultimately, the company will need to be paid for the work they’ve done.” Clr. Pesce said, “Absolutely. I'm saying in terms of reopening.” Solicitor O’Neill said, “Obviously, we will try to work with them to come to some kind of reasonable agreement on it. Miss Antonucci has reached out and clarified some of these requirements since this issue arose so that they don't occur again in the future.” Clr. Pesce said, “Thank you and hopefully they're receptive to that but I think it's important again I would either potentially try to reopen this and get something that we can work with or cut our losses at this point because there's too many red flags for me with the existing contract the way it is now.” Mr. Gosselin said, “OK, I don't like to cut our losses because there will be no heat at the Marsh School.” Clr. Pesce said, “I mean cut our losses with this particular company --- if they're not willing to accommodate some reasonable measures to protect our investment.” Chair Marsan recognized Clr. Faretra, “Thank you. I'll be brief due to the time. I just have two quick questions --- one comment and one question --- This just drives at home for me more on why we need to get rid of the silos or the islands and bring everything back to the same page where the schools and City are on the same page. It seems like there was some communication but obviously there wasn't enough because ultimately the contract went ahead without the signatures needed. My more important question is for the Solicitor. If this contract gets voted down tonight, I would imagine that means work ceases on the project and then there would be some sort of bill sent from the contractor for whatever work has been completed or any items that have been ordered. So, if the contract was signed on the fourth, then if those boilers were ordered or any other parts, I would imagine that would be invoiced as well. So, how would that go about being paid and then my follow-up to that is if this was tabled, in order to give yourself time to work with the vendor to come up with the proper contract. A table just means they're going to continue to work and do the project, right?” Mr. Gosselin said, “They've been pulled off the job.” Clr. Faretra said, “OK, how would we go about paying this vendor for time and materials?” Solicitor O’Neill said, “I guess it depends on what the posture of the project is after this. When I say that, I think obviously it's my job to defend the City. If there's no valid contract, the position would be that we are not required to pay but obviously they would sue us, and it would go to court and there's various legal theories of recovery in terms of the fair value of the work 7 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 that's done. As Clr. Soto pointed out, there is a subject to appropriation clause which is not in their favor because there technically has not been an appropriation for this contract if it hasn't been approved by this Council. Even though the CIP was approved, that doesn't specifically appropriate for this particular use that goes along with the contracts as you approve them. That's why they come here. Otherwise, there would be no point of you approving contracts at all. That's how it works. Certainly, it can be defended. This is the first time that I've heard that they're no longer working or they're off the job. I just want to say this is a very reputable contractor; there's no intent to say they're doing anything wrong. They were going along with the process that was presented to them. I have not spoken to them directly. I know that they said to me that Ms. Antonucci did speak with them about these changes and she's not here tonight, but I know they told her they would not make any changes. Maybe that will change depending on the vote of this body. I don't know but if we're in an adversarial posture, obviously, I think that we have ways to defend the City's interest. I think in the end we want to get a boiler installed in the school and hopefully, we would be able to have reasonable minds prevail. Most of the feedback I provided was not unreasonable --- the kinds of things that we were looking for --- and some of it is required by the contract ordinance that we have that the Council passed itself. These provisions have to be in all city contracts, like the liquidated damages piece. We specify that that was in the school contract and the contractor crossed it out. My comment was you can't cross that out --- it's got to stay in --- they signed it with it out so there's an example of what I'm talking about. That was in the bid documents and when contractors come back with a bid and they cross things out that were in the bid documents, we generally don't allow that because that's what you bid on --- you knew up a front that that was in there as well.” Chair Marsan recognized Clr. Surillo, “To be honest, this is not a fully executed contract because the Legal Department didn't sign it, the Mayor didn't sign it and the CAFO didn't sign it. Somebody gave approval for this to be done without this being a fully executed contract for the work. With that, we now have a huge conflict of trying to prove something that's not done in the proper way. I just want to ask a question about if we table this now. Can we get everything properly done before we take this off the table again?” Solicitor O’Neill said, “I have no idea how to answer that question because the procurement can be expedited because we know what we're looking for. You're talking about full procurement or are you talking about negotiating with this vendor on the changes that we requested earlier? Obviously, that would be a quicker avenue to resolve this issue --- if there was a willingness on the part of the contractor to at least have some discussion about these issues but I can't tell you where that stands. I only know that originally, they were not willing to change any of these things. I don't know if that would change that --- I'm not sure tabling does anything here, if they're not working. If we reach a new contract, we'll have to file it as a new contract to come before the Council because it would probably not be this one.” Clr. Surillo said, 8 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 “We went through a procurement process, but the contract is not executed correctly. The School Department went through a procurement RFP process and so forth. The unfortunate part is the contract itself, which is in question and it's not a fully executed contract because it doesn't have the proper signatures or sign offs. So, that's the conversation that can be had with the current vendor and that’s applied to see if we can go through the proper process of getting this contract fixed. And that shouldn't take that much time. There should be a conversation between yourself, the Mayor, the School Department and the vendor to get the contract on to the proper stages there needs to happen for this Council to vote.” Solicitor O’Neill said, “That conversation doesn't take any time --- it's whether or not they'll change their position. Unfortunately, those conversations were had by the Purchasing Agent. She always does it --- I mean as part of the regular process when it comes through Legal. If Legal has concerns, and oftentimes she has her own concerns, and then asked me to review. She communicates back and forth and that yielded no results because I do this a lot --- and I would not give permission to do any work if the contract is not fully executed. I have to just tell you ---they were told explicitly --- Miss Antonucci specifically told them that no work should start because the contract had not gone before the Council and that no work was to begin until it was before the Council for approval and approved. I can't explain how it happened, but it was not an accident.” Clr. Soto made a motion to TABLE, seconded by Clr. Campagnone – UPON VOTE – 5 yes, 3 no (Clr. Faretra, Clr. Pesce & Clr. Saffie) 1 absent (Clr. DiZoglio) C-25-95 – TRANE U.S., Inc., 4833 White Bear Parkway, White Bear Lake, MN 55110 for a Climate Changer Air Handler at the CGS in the Amount of $191,514 (Funded via the FY25 CIP) – Motion to approve by Clr. Campagnone, seconded by Clr. Soto – UPON VOTE – Unanimously approved – 1 absent (Clr. DiZoglio) C-25-96 – SHI Capital, 290 Davidson Avenue, Somerset, NJ 08873 for Financing for 1,090 Education Edition Chromebooks and Licenses in the Amount of $122,281.78 Annually at 5.72% Interest – Lease Term of 48 Months (Funded via the MPS Hardware Lease Account) - Motion to approve by Clr. Campagnone, seconded by Clr. Surillo – UPON VOTE – Unanimously approved – 1 absent (Clr. DiZoglio) C-25-97 – Ambient Temperature Corporation, 14 Graf Road, Newburyport, MA 01950 for Emergency Heating Repairs for the Searles Estate in the Amount of $40,033.96 (Funded via a City Building Improvement Account) – Motion to approve by Clr. Campagnone, seconded by Clr. Soto – Discussion – Chair Marsan recognized Clr. Valley - Thank you Mr. Chair. I have a question for the Mayor. The job description mentioned asbestos abatement here --- is that included in the $40,000 or are we expecting a separate invoice for this? It's on page one --- asbestos was on some of the pipes.” Solicitor O’Neill said, “This work has been completed. This was an emergency repair necessitated in the 9 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 Winter.” Clr. Valley said, “So, the $40,000 covers the asbestos abatement because that's not here?” Mayor Beauregard said, “I just I wanted to maybe kick things off with some context. This had been an issue that came about over the winter. We had a meeting about this to share some information with the Council at the time. We had to go through a DCAM waiver process because it was an emergency. It was not included in the budget and so at this point to close out FY2025 we have this in front of you. Ultimately, what we're doing with the funding sources --- we're using through a prior CIP. We have a city building improvement line with available funding to cover that but ultimately this is for that work that has been done for the repair of the boilers at the Searles Estate. There was a separate agreement for abatement. It was under the threshold for Council approval so that was executed separately so that's not a part of this. Keep in mind, too, when we had the conversation about the sale of the property including additional built-in expectation for the purchase price to factor in any additional costs keeping that in mind here as well. The abatement piece is separate.” Clr. Valley said, “OK, I was just wondering why the property wasn’t winterized. Don't we have a building facility manager there that should be watching all the buildings and the heating systems?” Mayor Beauregard said, “At the time when the property was purchased, there had been a walk-through with DPW and the Facilities folks and there was no indication, at the time, that there'd be a problem, but this is part of that initial upfront cost that came about, and we addressed it. At this point, it's something that is resolved going forward but in those initial weeks of ownership something that had not been anticipated.” Clr. Valley said, “OK, just know that my vote here is going to be no. I asked several times, prior to the purchase, if a home inspection was going to be performed and I was told that the building was in perfect condition and that was not needed. All the contingencies were waived --- home inspection and appraisal. I'm not in agreement with paying any type of expenses that has to do with the Searles Estate. I just want to see the RFP and the bids and to close this chapter. Understood. Just to mention, this had been that whole process was underway when I was still on the Council so I can't speak to that.” Chair Marsan recognized Clr. Campagnone, “I just have a question. Why are we getting this now?” Mayor Beauregard said, “There had been an extensive process related to the emergency waiver but also identifying the funding source took some time but as we wrap up the FY2025, the thinking is that we get this to you now so that we're able to close out the fiscal year and have this issue settled.” Clr. Campagnone said, “Couldn’t we have known this was going to be coming?” Mayor Beauregard said, “This had not been anticipated. When it had happened, it was completely unexpected over the winter so now, at this point, from an administrative standpoint, it was a matter of getting all of our ducks in a row but doing so in time for the end of the fiscal year.” Chair Marsan recognized Clr. Soto, “Mr. Mayor, we're seeing a bill now for $40,000 on a job that was done six months ago. Not only that, when I read through the invoice summary it was really interesting to read through with things that our own DPW or 10 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 facilities person could potentially do. Like walk the building --- figure out where there's water --- see what's frozen. ‘I can't finish today. I'll be back tomorrow.’ I mean I don't know if my colleagues read through it but then I went further on and I looked at the hours. They spent 168 hours on this project. Then, the pay rates, even though they weren't overtime, the same person was making a different pay rate. I'm not sure if that's because in their world, if it's a different task they get paid more so I feel that there's discrepancy there. I mean they were kind enough to give us a $25 discount. I saw that there, too, so I thank them for that. I recall that we called an emergency meeting for another item. That was a rush and then it so happened that that threshold was reduced, and we didn't even need a vote on that call and that was post this date. That was not mentioned on that call. So, six months later makes me think was it lost in transition? We have a CAFO in the building --- for us to have to find the funding sources and it takes us six months is unacceptable. To me, this was under your watch. This was January. The late Mayor Perry was gone in September. So, I just hope this isn't how we're going to handle invoicing in the future --- that this floor is seeing it six months later for stuff that I feel could have been done in-house. Because, when I read that report, I felt that the personnel that we have --- that's highly qualified and highly paid with plenty of benefits could have handled that. So, as my colleague stated, I will be denying anything that comes through on that building, but I wanted you to know for context. I feel that the money we're throwing away here instead of paying it out to another company should be at least paid to our own employees so they can take it home. Thank you.” Mayor Beauregard said, “Understood. Just in response, this involved complete replacement of those boilers so that would have necessitated the need for a vendor to assist with that. But nevertheless, I understand where you’re coming from when it came to the funding source. The issue that we ran into is that none of this had been included in the FY’2025 budget. At the time, the Council voted on that in June of last year. Also, the other issue as well is that it was an emergency, and we just had to deal with it. Otherwise, we would have had a lot of other issues with this huge investment that we've made. I'll leave it there, but your point is well taken. Thank you. UPON VOTE – 4 yes, 4 no (Clr. Campagnone, Clr. Saffie, Clr. Soto and Clr. Valley – 1 Present (Clr. DiZoglio) MOTION TO ADJOURN at 6:20 PM by Clr. Soto , seconded by Clr. Campagnone – unanimously approved. Respectfully submitted, Lisa Yarid Ferry Assistant Council Clerk I do hereby certify that at a meeting of which a quorum was present, the foregoing minutes were adopted by the Methuen City Council by a 7– 1 absent vote on August 4, 2025. 11 METHUEN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, JUNE 23, 2025 @ 6:00 P.M. SEARLES BUILDING, GREAT HALL METHUEN, MA 01844 Linda Gagnon Council Clerk 12