Chairman Zanni called the Regular meeting of the Methuen City Council, scheduled for February 5, 2006 to order at 7:00 pm with all members present.  

ACCEPTANCE OF AGENDA

MOTION BY:  Councilor Giordano seconded by Councilor Cronin to accept the agenda as posted.UPON VOTE:   UNANIMOUS

 Farther Wilkes of Saint Andrew Church gave the invocation.  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 January 16,2007 regular meeting.UPON VOTE:  UNANIMOUS CORRESPONDENCE/PROCLAMATIONS

Mayor Manzi and the Methuen City Council recognized and expressed appreciation for the efforts and public service on December 13, 2006, of Methuen Police Lt. Kevin Mahoney and Firefighters Michael Hennessy Jr. and Steven Moriarty in responding to a medical call and found jogger Walter Kimball not breathing   Lt. Mahoney’s life saving efforts made it possible for firefighters Hennessey and Moriarty to begin CPR and D-fib.  Mr. Kimball was transported to the hospital and had regained a strong pulse.  Mayor Manzi and the Methuen City Council recognized the officer’s professional dedication and proficient public service and in so doing proclaim that they acted with skill and precision under life threatening circumstances.  Chairman Zanni also noted that Walter Kimball is a boyhood friend, a fine individual and excellent athlete.  

These officers save the life of a wonderful individual.Bob Sacchetti stated he was jogging with Mr. Kimball when he collapsed.  Mr. Sacchetti commended the officer’s for the quick acting life saving job they preformed.  Walter Kimball thanked everyone for their support especially the officers who saved his life.State Representative Linda Campbell presented a State House citation to Lt. Kevin Mahoney and Firefighters Michael Hennessey Jr. and Steven Moriarty and stated that as public safety officers we as a community depend on them more and more every day.  On behalf of the House of Representatives, the Senate and Senator Baddour she is thankful to the officers personally but also for the job they do every day.  Representative Campbell personally knows Walter Kimball and along with his family is grateful to Lt. Mahoney and Firefighters Hennessey and Moriarty for saving his life. MOTION BY:  Councilor Cronin seconded by Councilor Quinn to proclaim.UPON VOTE:  UNANIMOUS  

Chairman Zanni read correspondence from Attorneys Manzi and McCann relative to the City Council and the Community Development Board and a proposed rezoning.  Owners of the property at 477 Broadway and 479 Broadway are requesting their proprieties be included in the rezoning of residential to business highway. 

PUBLIC PARTICIPATION

Jan Larkin, Milk Street, Methuen.  Stated that she has questions regarding the Lowe’s project, the parking lot and how it will be assessed and taxed?  Mayor Manzi stated the proposed plan would potentially have an agreement that would tax that land.  Negotiations are ongoing and are not complete.  When complete the Mayor would then make a recommendation to the City Council.  Hopefully the parking area will be taxed to show a commercial building on the site.Ms. Larkin asked if there is a law required to post a bond for the maintenance of the stretch of highway between the store and parking lot?Mayor Manzi stated he is not familiar with that type of bonding requirement.  If it is Lowe’s it would be permitted in Salem New Hampshire.Ms. Larkin asked who would be supplying the fire, ambulance and police services in that parking lot?Mayor Manzi stated the Lowe’s (if it does come) would be in Salem. 

Jerry McCall spoke regarding construction and the involvement of union workers.  He has seen large retail groups come in and bring their own non-union workers.  It would be appropriate in the future that any permit approved by the town for any type of construction should stipulate that a certain percentage of workers be union and city residents including minorities.   Relative to the Lowe’s project there is talk of a restaurant but the parking lot is of interest to him. What benefits will be encompassed by Methuen?  His belief is that this project will benefit Salem New Hampshire but little benefit to Methuen.  Other than real estate value assessed there should be additional revenue or cost because we are enhancing the economic growth of Salem New Hampshire.  Another issue is the increase of traffic.   If there is a curb cut to a road in Methuen or the highway, which would require a permit by the state department of the public works.   The real estate tax should be enhanced with benefit to Methuen.  Mr. McCall spoke on the benefit the town of Dracut has regarding the interconnection to our public water supply.  It is ongoing; it is not an emergency connection and is ongoing because in that area there is no way to support the pressure or quantity.  This issue should be addressed and the contract re-examine because of the economic benefit the city is providing to Dracut.   These are resources that should provide some monetary value to us because it benefits the town of Dracut.  

At this present time Methuen (on an emergency basis) provides water to Salem New Hampshire.  This is an economic benefit because Salem does not have an adequate source.    There is a lot of growth in southern New Hampshire close to Methuen and again there may be a request to tie in to the Methuen system.  This is a benefit to the city and we should re-negotiate and look at the contract where we are supplying water to New Hampshire.  He is sure the emergency requests will increase.   The next contract to supply water to Salem New Hampshire should contain a stipulation stating that within one year Salem New Hampshire have regional plans to address their water supply inadequacy.  Mr. McCall thanked the Council for their time. Councilor Corey Rahme stated as a point of information, some constituents here tonight may not understand that the Lowe’s project is not on the agenda and thought there was a portion of this meeting that would lend itself to a discussion on Lowe’s.   Through the Chair could the Chairman make a point of information for these people that this would be their only opportunity to speak on Lowe’s. Chairman Zanni stated there is a letter from the lawyer and there will be another public hearing with the City Council and Community Development  They will have the opportunity to speak because there are three parcels of land that want to be included for re-zoning.  There will be a posting and surrounding abutters will be notified of the joint meeting.  

PUBLIC SERVICE

GRANTS:  None

LICENSES: None 

CONTRACTS

C-07-14   Agreement – City of Methuen and Local 175 Laborers International Union of North AmericaMayor Manzi stated this is a three-year contract with wage increases of 2% -3% - 3%.  There are some re-classifications based on existing work conditions that have been added.Councilor Willette asked if the wage increases will be uniformed among all negotiating groups both municipal and school side?Mayor Manzi stated he couldn’t answer that because parity bargaining is not legal. Councilor Giordano excused himself from the vote and left the Council HallMOTION BY:  Councilor Cronin seconded by Councilor Quinn to adopt.UPON VOTE:  UNANIMOUS (eight vote)(Councilor Giordano returned to the Council Hall)

2007 Municipal Election

Councilor Quinn asked for an explanation on this item.Chairman Zanni stated that each year when a city election happens there is four weeks in between elections.  The way in which the charter reads it will come before us every two years.  We will be moving the primary back to September.  We have to take into account absentee ballots and there is not enough in the timeframe to have a primary in October with a general election in November.  Chairman Zanni is looking to set a study committee to review our outdated Charter so that every new council will not have to go through this every two years.MOTION BY:  Councilor Giordano seconded by Councilor Cronin to approve.UPON VOTE:  UNANIMOUS OTHER OFFICERS AND COMMITTEE REPORTS - None 

OLD BUSINESS

RESOLUTIONS

TR-07-06  Resolution Amending Traffic Rules and Regulations of the City of Methuen – Old Ferry at Washington StreetMOTION BY: Councilor Andrew seconded by Councilor Corey Rahme to adopt.UPON VOTE:  UNANIMOUS 

TR-07-07  Resolution Amending Traffic Rules and Regulations of the City of Methuen – Currier at Washington StreetMOTION BY:  Councilor Andrew seconded by Councilor Corey Rahme to adopt.UPON VOTE:  UNANIMOUS 

TR-07-08  Resolution Providing for Filing of copies of all Applications and Award Letters Regarding State and Federal Grants with the Offices of the City Auditor and City Solicitor (Req. of Clr. Cronin).MOTION BY:  Councilor Cronin seconded by Councilor Giordano to adopt.UPON VOTE:   UNANIMOUS 

ORDINANCES  None

CONSIDERATION OF APPOINTMENTS

Assistant Director of Community Development

Sun He Pak Gage, 75 Frye Road. Methuen, MA 01844

Cable Advisory Board                                                                          

Term to Expire- 12/31/08

Jamie Atkinson, 7 Cochrane St., Methuen, MA 01844         

MOTION BY:  Councilor Giordano seconded by Councilor Andrew to approve.UPON VOTE:  UNANIMOUS

NEW BUSINESS

RESOLUTIONS

TR-07-09  Resolution Authorizing a Transfer of Funds from the Reserve Fund to the Unpaid Bills Account (Methuen Historical Commission)MOTION BY:  Councilor Willette seconded by Councilor Corey Rahme to adopt for first read.UPON VOTE:  UNANIMOUS  

TR-07-10  Resolution Authorizing Expenditure from the Castle Fund.MOTION BY:  (EPA)  Councilor Willette seconded by Councilor Cronin to adopt with the EPA attached.UPON VOTE:  UNANIMOUSMOTION BY:  Councilor Willette seconded by Councilor Andrew to adopt the main motion with the attached EPA.UPON VOTE:  UNANIMOUS 

TR-07-11  Resolution Regarding Joint Hearings – Zoning Amendments – City Council – Community Development Board – Dissemination of Documents.(Req. of Clr. Willette and Clr. Corey Rahme)MOTION BY:  Councilor Willette seconded by Councilor Andrew to adopt for first read.Councilor Willette stated that as the main sponsor of this legislation he believes it is common sense to have information before a joint meeting with the Community Development Board regarding major zoning changes.  Information is power and any information accorded the Community Development Board should be related to the City Council because we vote on all rezoning changes.Councilor Corey Rahme echoed Councilor Willette’s comments and stated she received a map in November about the site.  She received phone calls from constituents and was unable to answer those calls.  She was notified at 4:30 of the meeting that night with no information.  This information request will enhance the performance as city councilors serving our city.  UPON VOTE:  8 – yes  1-no ( Clr. Leone) 

ORDINANCES

TO-07-01  An Ordinance Amending the Methuen Municipal Code – Mandatory Server Training for Liquor Establishments, Certificate; Posting- Content.MOTION BY:  Councilor Andrew seconded by Councilor Giordano to adopt for first read.Councilor Giordano asked where the proposal came from?Mayor Manzi stated it was recommended to his office through the licensing board.Councilor Andrew asked who would pay for this and how will the training be handled?Attorney McQuillan stated that presently we have an ordinance requiring anyone serving alcohol in an establishment has to undergo certain training.  Once the training is complete the recipient and employer receives a certificate that is required under our ordinance to be posted.  That certificate contains information such as social security and date of birth. 

There is a federal privacy act that does not compel one to divulge the social security number or date of birth unless it was a public agency for a specific reason.  It is personal information and is protected under the privacy act and this is why the licensing board has asked that this amendment be proposed to delete the necessity of having the recipient’s (of the certificate) social security number and date of birth displayed at the bar.  This is appropriate because under the privacy act, it is not obligated or required to disclose that information. Councilor Andrew asked if the city would be the trainers?Attorney McQuillan stated no, they are independent agencies that conduct the training.  No cost to the city.Councilor Giordano asked if the licensing board goes out to check these.Attorney McQuillan stated they do and the certificates are (required under our ordinance) displayed openly in the establishments. Councilor Willette stated that there should be a record somewhere of the social security number and date of birth on file with the city.Attorney McQuillan stated that when they make application to the agency conducting the training, the application is on file with the licensing board and contains all the information.UPON VOTE:    UNANIMOUS  

ANY OTHER BUSINESS FOR THE GOOD AND WELFARE OF THE COMMUNITY

Councilor Corey Rahme thanked the Bay State Gas Company on behalf of the East Street, Birchwood Road, Linda Avenue and Arlington Street.  There was a leak of the main gas line in her neighbor’s house and the gas company came out right away along with the Methuen Police and Fire Department.  They did an entire sweep of the neighborhood and fixed the problem.  It lends itself to confidence building for our central services and she thanks the police and fire for making everyone feel safe.Councilor Willette said the previous ordinance is a good segway to the issue of identity theft throughout our society.  Councilor Willette asked the Mayor if he could organize a sub committee to protect people identity, secure records online or through our record system.Mayor Manzi stated that through the City Auditors office there is a memo dealing with that type of security.  Mayor Manzi will supply the memo to Council.City Auditor Thomas Kelly stated that he has been looking at this issue.  He has taken social security numbers off the city paychecks and is looking at other issues and has meetings ongoing.   

REQUEST OF COUNCIL

Councilor Quinn read notices for upcoming committee meetings relating to Bea’s and the Skateboard Park.

ADJOURN

 MOTION BY:  Councilor Giordano seconded by Councilor LeoneUPON VOTE:  UNANIMOUSMeeting was adjourned at 8:00 pm. 

Diane Lasonde