METHUEN CITY COUNCIL REGULAR MEETING

GREAT HALL, SEARLES BUILDING

November 6, 2006 - 7:00 p.m.

 Chairman Zanni called the regular meeting of the Methuen City Council, scheduled for Monday November 6, 2006 to order at 7:00 p.m. with all members present. 

ACCEPTANCE OF AGENDA

MOTION BY:  Councilor Cronin, seconded by Councilor Willette to accept the amended agenda as posted.

UPON VOTE:   UNANIMOUS

Fr. Keys from St. Lucy Church gave the Invocation for the evening.  Everyone remained standing for the Pledge of Allegiance.

ACCEPTANCE OF MINUTES

MOTION BY:  Councilor Cronin seconded by Councilor Willette to waive the reading and accept the minutes of regular meeting, October 16, 2006 – October 31,2006.

UPON VOTE:   UNANIMOUS

CORRESPONDENCE/PROCLAMATIONS

MOTION BY:  Councilor Corey Rahme to approve the proclamation given to the Methuen Historic Commission on behalf of the Ira Sherman family.  Seconded by Councilor Willette to proclaim.

UPON VOTE:  UNANIMOUS

 Mayor Manzi and the City Council presented a proclamation and congratulated the 2006 Methuen Pop Warner Cheerleaders, B, C D Blue team and coaching staff for their hard work, dedication and achievement in having won the Merrimack Valley Conference Cheerleading Championship and for bringing this honor to the community.

MOTION BY:  Councilor Corey Rahme seconded by Councilor Willette to proclaim.

UPON VOTE:  UNANIMOUS

Chairman Zanni read correspondence from Boston City Councilor John M. Tobin, Jr.  Councilor Tobin is asking for support of his filing legislature during the 2007-2008 legislative session regarding the state’s 5 per cent meal tax and redirecting a portion of it back to the communities. (Attached).

PUBLIC PARTICIPATION

Toni Still – 34 Noyes Street.  Ms. Still commented on the negative press the Chief of Police has acquired over the years.  Looking at it as a whole is telling her that something is very wrong.  She has tried to call internal affairs and was told she had to put it in writing.  She does not believe that is proper procedure.  She had wanted to start a petition regarding the Chief of Police and was told it had to be viewed by the Police Chief.  Methuen has always been her home but she feels we are losing more rights every day. She submits to council where there’s smoke there is fire.

PUBLIC SERVICE:

Grants:  None

Licenses:  Special Excavation – 57 & 59 Adams Ave. – water/sewer/gas.

MOTION BY:  Councilor Corey Rahme ,seconded by Councilor Leone to approve

UPON VOTE:  UNANIMOUS

 Contracts

C-07-12  Eastern Salt Company, Inc. 15 Tyngsboro Road Chelmsford MA.  Highway Rock Salt

Amt.  $41.90/Ton

MOTION BY: Councilor Cronin seconded by Councilor Leone to approve.

UPON VOTE:  UNANIMOUS

 C-07-13  Eastern Salt Company LLC 655 Northern Boulevard Clarks summit, PA. Highway Rock Salt. (As backup)

Amt. $42.70/Ton.

MOTION BY:  Councilor Cronin seconded by Councilor Leone to approve.

UPON VOTE:  UNANIMOUS

OTHER OFFICERS AND COMMITTEE REPORTS

Councilor Lahey reported on the progress of the Dog Ordinance Committee and stated they have a draft in development and will meet on November 17^th to finalize the Ordinance.  He will then request a workshop before Council.

Councilor Cronin asked if any of the petitioners have been included for input?

Councilor Zanni stated the meetings have been all inclusive and the petitioners have been included in all deliberations.

OLD BUSINESS

Resolutions:

1.  TR-06-67  Resolution amending Traffic Rules and Regulations of the City of Methuen – Douglas Avenue and Bonanno Court

  MOTION BY:   Councilor Cronin seconded by Councilor Leone to approve.

  UPON VOTE: UNANIMOUS

2. TR-06-68   Resolution Amending the Fiscal Year 2007 Budget/Veterans.

 MOTION BY:  Councilor Leone seconded by Councilor Corey Rahme to adopt.

Councilor Cronin asked if the duties for this position were being filled?

Mayor Manzi responded no. It had been a full time position but the position had lapsed and the veteran’s agent had no one for that position.

Councilor Giordano asked if this is a part time position?

Mayor Manzi said the position is twenty hours with health benefits.

Councilor Corey Rahme read into the record a letter from herself and Councilor Willette stating that Veterans Director Ed Curran should be involved in the selection process for this position. (attached).

Mayor Manzi stated that he would set up an interview committee with the department head, the HR director and potentially one other.  The Mayor did ask HR director David Bain that the interviews be put on hold until after city council had the final adoption.  The process will begin and may start as early as tomorrow.  Mayor Manzi asked if council would make the resolution effective immediately upon passage to avoid the thirty-day waiting period and begin the interview process.

Councilor Giordano asked if the position has to be approved by the city council?

Chairman Zanni stated yes.

Councilor Cronin asked if the final applicant comes before council or is it the prerogative of the Mayor.

Mayor Manzi stated it is the Mayor’s prerogative.

Councilor Cronin stated he will not vote on this issue and left the room.

Councilor Zanni acknowledged the Mayor did state the veteran’s agent would be a part of the interview process.

Mayor Manzi stated that as a matter of policy he has not sat in on any interviews.

Councilor Leone asked if this is an existing position being moved to cover Mr. Curran’s needs.

Mayor Manzi stated this is a half position

Councilor Leone stated there is still another half position left in the other department.  Should there be a need for it.  Using the same guidelines as all other employees.

Mayor Manzi stated yes.

Councilor Corey Rahme asked the Mayor to explain the benefits of the position.

Mayor Manzi stated it is part time with health benefits but no pension.

MOTION BY:  Councilor Willette to attach an EPA for the good and welfare of the community.  Seconded by Councilor Corey Rahme.

Councilor Andrew asked Mayor Manzi the benefit for giving this an EPA?

Mayor Manzi stated it would enable him to hire someone before the thirty-day wait period. 

Councilor Andrew said if we vote this tonight and there are ten or twelve applicants it would take two or three weeks to review those applications.

Mayor Manzi said it depends how fast the interviews progress.  We would be able to proceed immediately.

Councilor Andrew is not comfortable voting an EPA on this item for a position we have not had for a number of years.  An EPA is for an emergency measure only and he does not consider this an emergency.

UPON ROLL CALL:   (add effective upon passage- 5 – yes 3- no (Clrs.  Andrew, Giordano, Corey Rahme) – Pass.

UPON ROLL CALL: (Main Motion effective upon passage) Councilor Andrew stated he will vote no on the main motion and will be recorded

 7- yes 1- no (Clr. Andrew).

Councilor Cronin returned to the room. 

Ordinances -  None

Consideration of Appointments  None

NEW BUSINESS

Resolutions

1.TR-06- 69  Resolution Accepting Continuation of MDU Deployment Grant, Commonwealth of Massachusetts, Executive Offices of Health & Human Services.

UPON VOTE:  UNANIMOUS

2.TR-06- 70  Resolution Authorizing Expenditure from the Castle Fund.

MOTION BY:  Councilor Andrew seconded by Councilor Leone to adopt

MOTION BY:  Councilor Corey Rahme seconded by Councilor Andrew to adopt and at the request of the Mayor have it effective upon passage.

UPON VOTE: (EPA) UNANIMOUSUPON VOTE:  (Main Motion with the EPA)  UNANIMOUS  3. TR-06-71  Resolution Amending the Agreement with Respect to the Establishment of the Lawrence Vocational and Regional School.   (Req. of Clr. Lahey and Clr. Leone). Councilor Cronin did excuse himself from the vote and left the room.

MOTION BY:  Councilor Leone seconded by Councilor Lahey to adopt for first read.Councilor Lahey stated this is not a personal attack on the Vocational school committee.  There have been concerns and questions on how money is being spent over there.  The set up with the four communities has made it difficult for us (Methuen) to stay in the loop.  Methuen contributes a large sum of money to their (Vocational) budget and that is as far as we go in the loop, handing over the money but not being involved in the process.   Councilor Leone and Councilor Lahey worked with the solicitor to come up with a formula on picking the Vocational school committee.   Councilor Lahey wanted to do this in a fair way so the voters would get their representation and City Council would get accountability.  They have come up with a fair solution to have the Mayor appoint a member of the Methuen school committee and a member of the City Council to the Vocational school committee.  We (Council) have had difficulty getting information and this would allow the (committee) person to respond to the City Council.   The present system is not working and this is a fair way to satisfy all concerned.   This resolution only allows us to get permission from two of the other three communities.  We are not telling them to do this but can join in if they want to.

Councilor Leone said this is not intended as a personal attack on anyone in office at present.  We have had a lack of communication to this council who is responsible for setting the tax rate and approving a budget.  There is no communication from the Vocational school unless we demand it.  We have two representatives who do not communicate to this council.  It is time for a change that will provide accountability.  We have control over our own budget, our own school committee budget but no control over the Vocational budget.  In other communities the budget is approved months before we (Methuen) even see it.  We need responsible representation to our taxpayers.  This is only asking the other three communities to allow us to change our method of choosing our representatives. 

Councilor Quinn asked if this is enabling legislation that has to be voted on?Attorney McQuillan, city solicitor, stated it is not enabling legislation but is constituted by way of an agreement established under the statute and the composition of the committee, powers and duties can only be effectuated through an amendment to the agreement that establishes the committee.  This is not binding (resolution) it is only a suggestion and a request for the other communities to acknowledge the request of Methuen to amend the agreement. Presently the (Vocational) committee is elected, we are asking Council to change the agreement and allow an appointed process for Methuen representatives only.

Attorney McQuillan stated this is not changing the law.  This is an agreement that all four communities can amend.  It has to have the contribution and participation of all of the communities.Councilor Giordano said the Mayor could make the appointments.  What criteria does the Mayor have?

Attorney McQuillan stated that according to the City Charter the Mayor would appoint and the City Council would approve.Councilor Giordano stated he does have a problem with this.  The people should have the opportunity to vote on this.  It should be a ballot issue.Councilor Corey Rahme stated that she did have reservations regarding this resolution.  After reading the legislation she admires Councilors Lahey and Leone for bringing this forward and would call it reactionary and expected.  Councilor Corey Rahme stated the people that were elected to that committee (Vocational) have been a great disappointment.  What she does like about the resolution is that the Mayoral appointment would in fact be an elected official.  Councilor Corey Rahme offered an amendment to the resolution.

MOTION BY:  Councilor Corey Rahme to add a sunset clause to the resolution for four years and then revisit it at the end of that period.  Seconded by Councilor Lahey.Councilor Andrew said the problem is there will be a new council and a new mayor in that time frame of four years.Councilor Willette stated we are beating a dead political horse.  The questions raised to the Vocational school committee involved their travel policy and finances.  The new Superintendent in consultation with the school committee has adopted a two-page travel policy that is very in depth.  She has also agreed to do an internal audit.  Councilor Willette does not believe at this stage, with the new reforms in place, we do not need to change the method of how we elect people to that committee. There is no rational to do this now.Councilor Andrew stated this is a government run by the people.  The people elect.  The term is a two-year term and if they do not do a good job they would not be elected.  Councilor Andrew has a problem with dictatorship when one person has control.  The towns-people should be the ones to control this situation.  People will vote you out if you do not do a good job.

Councilor Quinn said there were a lot of problems there but we must give the new superintendent the time to make adjustments.  She does not feel we should take the vote away from the people.  There should be more communication between the Vocational and the City Council.

Councilor Leone stated he had two issues to address.  The travel policy revision deals with thirty-three thousand dollars out of a twenty million dollar budget.  The incident in question was six thousand dollars.  It is the cavalier attitude they have about our money.  Methuen pays the most of all the communities 1.3 million dollars. The revised travel policy is great but it is the attitude of the representatives that bothers him.  The second part of this situation is that we are not taking away the rights of the voters. 

The voting of the Vocational members was given by contractual agreement twenty years ago between the communities.  This is not the same as voting selectmen or city council or state offices.   Over the twenty years the school has steadily declined in performance and the cost per pupil has steadily increased.  We need closer oversight and members of the school committee and the city council to look at educational needs and watch the dollars.  The system we have is broken and this is the only way to fix it.

Councilor Lahey stated the difficulty is the four communities involved.  Council voted against the Vocational budget and that was a joke.  This would allow us to have one of our own to keep us informed.  We are here to do what is best.  We need a change.  Vote what you think is best.

MOTION BY: Councilor Corey Rahme to change the (amended) motion to amend the sunset clause to two-years.  Seconded by Councilor Leone.Councilor Leone stated this would not take effect until the end of the current elected terms. Councilor Willette said he would declare victory.  We have a new travel policy over there and a new commitment from a new superintendent to review the internal finances.  Cooperation of all of the relevant communities.  There will be an election next year and people will voice their opinion.  Declare victory and call it a day.  People want to elect their officials.

Councilor Leone said he does not have a problem amending this but we need these changes. Councilor Zanni (passed the gavel to the vice-chair) stated there are many comments and this has been a good dialogue.  We have made an exposure and there have been mistakes made.  We are looking at the budget process.  We are in the process of having another meeting with the other communities in terms of how we address the budget.  When we put control in the hands of others we take away the right to vote.  There is an election every two years.  There are people out there who are concerned and will run for office and explain the reasons why.  It is important to have the budget process in place.  We have to include all communities in this process.  We will have another meeting with the communities and bring these concerns to the table.

Councilor Zanni’s major concern is the budget process and how we want to handle that process.  We need to take a hard look, debate is important and maybe tweak this after a first read.  A sunset clause is not important at this time.  He does not have a problem with this for a first read.  We need to look at the whole budget from Lawrence Andover and North Andover.

UPON ROLL CALL:  (Sunset Clause) 3-yes  5- no  (Councilors Andrew, Giordano, Quinn, Willette, Zanni) MOTION FAILS  UPON ROLL CALL:  (Main Motion) 4-yes  4-no  MOTION FAILS Councilor Cronin returned to the room. 

Ordinances   None

ANY OTHER BUSINESS FOR THE GOOD AND WELFARE OF THE COMMUNITY

Councilor Corey Rahme congratulated the Greater Lawrence Vocational Technical School for the restoration of the Methuen Fire Department Antique fire truck.  November 11^th is the Veterans Parade.  November 18^th starts the Festival of Trees.

Councilor Quinn announced a Public Hearing at City Hall November 14^th at 7:00 p.m. regarding the

Bea’s Property.

REQUEST OF COUNCIL    

Councilor Lahey requested that Council have a workshop regarding sewer break and blockage in the street.  People should be aware of what should be done in that type of situation.

 Councilor Andrew is requesting that a defibrillator be installed on all floors of the City Hall building.  It could be a life saving device for anyone having a heart attack.

ADJOURN

UPON VOTE:  UNANIMOUS

Meeting was adjourned at 8:45 p.m.

Diane Lasonde

Council Secretary