METHUEN CITY COUNCIL REGULAR MEETING, TUESDAY, JANUARY 16, 2007 – 7:00 P.M.GREAT HALL, SEARLES BUILDING                 

Chairman Zanni called the regular meeting to order at 7:00 p.m. with all members present, with the exception of Councilor Quinn.               

ACCEPTANCE OF THE AGENDA              

MOTION BY:  Councilor Cronin, seconded by Councilor Leone to accept the agenda, as amended.UPON VOTE: UNANIMOUS.               

Councilor Giordano gave the Invocation for the evening.  Everyone remained standing for the Pledge of Allegiance.               

ACCEPTANCE OF MINUTES, MOTION BY:  Councilor Cronin, seconded by Councilor Giordano to waive the reading and accept the minutes of January 2, 2007, regular meeting.               UPON VOTE: UNANIMOUS.               

PROCLAMATION/CORRESPONDENCE – None               

PUBLIC PARTICIPATION              

Jack Burke, 2 Canobieola Road, spoke in opposition of TR-07-05 Resolution to Amend City Council Rules.  He stated that he had the opportunity to measure the room and according to the state code and the number of chairs in the room, the capacity would be 88 to 90 people in both instances.  Rather than establish a rule “don’t stand behind me”, if and when the capacity limit posted is exceeded, the Chairman of the Council should take action, recess the meeting and move it to another venue.  Mr. Burke also spoke against moving the people out of the Great Hall and into the hallways (perhaps installing a TV) because that creates public safety issues by blocking the exits and stairways.                   

PUBLIC SERVICE:              

Grants:  None              

Licenses:  9 Bearse Avenue MOTION BY:  Councilor Cronin, seconded by Councilor Leone to approve. Councilor Willette questioned the back up information on this License noting that the written request (last page) was missing from the packet. The Clerk advised the Council they received the packet as submitted. Councilor Willette requested that a copy of the written request be submitted to Council.               UPON VOTE:  UNANIMOUS.                             

Contracts:  None              

OLD BUSINESS

Resolutions:

TR-07-01 Resolution Accepting a Grant from the National Trust for Historic PreservationMOTION BY:  Councilor Willette, seconded by Councilor Cronin to adopt.UPON VOTE: UNANIMOUS. 

TR-07-05 Resolution to Amend City Council Rules (Req. of Clr. Cronin)MOTION BY:  Councilor Cronin, seconded by Councilor Andrew to adopt.    

Councilor Corey Rahme stated that she is in favor of letting the people stand where they will, within the guidelines as outlined by Gerry Deschene, our Building Inspector.  She believes that this is the people’s city hall and doesn’t believe in arbitrary lines.  She stated that she found the language of this particular resolution to be very strong with the adjectives of coercion and intimidation, too strong for her. Councilor Lahey said he would vote against this tonight for the same reason he did the last time.  This resolution doesn’t address what the real problem is, which is overcrowding.  If Council has a situation where people are standing behind them, the room is overcrowded, and then the meeting should be recessed to another place.  Leaving it up to the Chairman would be fine with him. Citizens should have a place to sit to observe and participate in the meeting.              

Councilor Leone said he checked the state building code the same way that Mr. Burke did and agreed that the capacity of the Great Hall is just about what is here for seating capacity.  There’s really no need for anyone to stand behind Council, unless the Chairman invites him or her to do so.  He agreed with Councilor Cronin and Councilor Lahey that particular evening was a problem for all of us for various reasons.  The Chairman is sensitive to that because Councilors spoke to him at various times since then   He’s not supporting the resolution although he does support the principle of the Chairman being the ultimate person in charge of the hall.  If the room is over the capacity limit, he is going to rely on the Chairman to make the decision at that time, whether or not Council should recess the meeting to another place, or at his discretion allow a few people to stand in the areas where it is comfortable for them to do so without encroaching in Council’s space.              

Councilor Cronin said he basically agrees Council should be accommodating large groups of people in a different venue, which is something that’s been done in the past on numerous occasions.  For some reason that evening, it wasn’t done.  This resolution compels the Chairman to uphold the capacity limit without putting him on the spot of having to make the decision.  It merely says there are too many people in this room, you can’t cross that line, and the rules are we move. He doesn’t have a problem with people coming up, at the discretion of the chair, if they are invited up. That night truly was over the top, to say the least.  Council should have a rule to govern it, just to protect everybody.              

Chairman Zanni – point of information – reported that he sent a letter out to the building inspector and the capacity limit of l50 is posted on both sides of the hall.  However, the 150 capacity represents people standing behind the Council, which means that 90 people could be out in the chairs but the rest would be discretionary around Council.  If he sees that the capacity is exceeded, then he will definitely adjourn to another venue such as the high school or Tenney Middle School.  It was unfortunate what occurred that evening in terms of numbers.  We really did not accommodate the people.  There were people standing for over two hours.  He said he understands both sides – both sides are well presented.  He will not support the resolution.  If it happens again, he will make a decision at that point to adjourn and not to have people behind us.               Councilor Leone said he has his opinion and is not going to argue with the building inspector and the chief regarding the capacity.  He just wants to make sure that the Chairman’s position is that when the seats are full and that center isle is full with people standing, at that point the Chairman will make a decision.              

Chairman Zanni said that is correct. Councilor Andrew said according to Councilor Leone, when you say the center isle, you mean between the two sets of chairs, not the walkway from one hall to the other. Chairman Zanni clarified that he is speaking of people in the hall to be able to hear what’s going on. Councilor Andrew said the figure is approximately ll0 people. Chairman Zanni noted ll0 plus l3 (Council, Mayor, and staff) l23 people total.  That is enough for people to be seated and be heard, with a possibility of extra chairs in the center.Councilor Andrew asked if people could stand in the hall. Chairman Zanni if there is a crowd on both sides (depending on the number of people), at that point in time, he would adjourn.Councilor Andrew spoke of the different scenarios:  (1) anyone over the number of chairs, we’re going to adjourn, (2) anyone over the number of seats plus the people in the hallway and (3) anyone over the seating plus people in the hallway and behind the Council.  Many times the hall has been full of people and nobody stood behind the Council.  He asked the Chair if he would adjourn the meeting if people were in the hallways due to overcrowding.              

Chairman Zanni said it would depend on the situation. Councilor Andrew said Council should some definite rules in order. If we have a new Chairman in 2008, we have no written rule for this Chairman to go by.  If he did know what was discussed or park of it, this could happen again without anybody knowing what’s going on.  With a written rule, this hall will be vacated if people are in the hallway.  Nobody goes down in the hallway.  He asked the Solicitor if Council has the right to tell people that they cannot stand in the hall and they have to move. Attorney McQuillan responded, yes they do especially if there is an overriding safety issue.Councilor Andrew suggested changing the capacity of 150 to coincide with the capacity of the seating.Councilor Leone pointed out that Councilor Cronin’s resolution just addresses an imaginary line drawn through the podium area, where we’re not going to allow anybody to stand.  It doesn’t address anything about the hallways or about the room capacity.  Maybe it should be worked on a little more to fit your needs.              

Councilor Andrew motioned to table to work on this a little more.  (Withdrew motion until everyone speaks.)  Councilor Lahey said if Council wants something in writing, it doesn’t need to be quite that specific.  Council already agreed, for the most part, that the Chairman should have the discretionary powers to determine when to recess to another place.  He suggested adoption of a generalized article in Council rules that basically says that the Chairman of the Council will determine if there is an overcrowded situation and in that even will recess the meeting.                 Councilor Corey Rahme said she believed that the events of December 4^th would not be repeated in the near future.  We have a 117 million dollar budget and no one in the room.  It was probably an isolated case.  Either Council has confidence in the Chair or not.  He has shown that he will act accordingly adhering to the inspector’s ruling of 150 people.  If Council accepts the change in rules, they are usurping the Chairman’s authority. Councilor Andrew said the Chair has had ability to clear this hall if it is overcrowded and for whatever reason it did not happen that night.  There’s going to have to be some kind of guideline for the chairman to follow in the future.Councilor Lahey said Council need not be so specific as to what determines overcrowding.  He suggested putting it in writing that the Chairman will determine when the situation is considered overcrowded.  The problem is not the people standing behind Council. The problem is accommodating the people that come in the hall.  That’s the problem. Councilor Andrew said the problem with people standing behind the Council would not appear, if they addressed the problem of the amount of people in the hall. Councilor Lahey agreed. Councilor Giordano suggested establishing a subcommittee to try to draft something that will appease everybody. MOTION BY:  Councilor Leone, seconded by Councilor Lahey to amend the last paragraph as follows: “that the rule is now going to be that the Chairman shall annually develop and distribute a policy regarding the safe capacity of the City Council chambers and shall be responsible for determining said capacity and for making arrangements for alternate venues when required.” Councilor Cronin asked if the language is added to the end.              

Councilor Leone clarified it would replace the last paragraph in its entirety.Councilor Andrew asked why Councilor Leone would want this done annually. Councilor Leone said conditions as they evolve might require different decisions to be made.Councilor Andrew “conditions such as?” Councilor Leone said the new Chairman may read the policy and continue it without change or he may want to change it.  It just requires him to have a written policy. Councilor Andrew said the Chair might decide to put 200 people in the hall. Councilor Leone said it can’t exceed the legal capacity in any case. Councilor Andrew said the legal capacity of 150 is too many. Councilor Leone agreed. Councilor Andrew said that’s why he suggested a motion to table and have a workshop. Councilor Cronin said his proposal has nothing to do with overcrowding.  There’s nothing in here that says anything about overcrowding.  It says that nobody can stand from the podium on the floor into the Council area.   It’s illegal to stand in the hallways blocking the doors and fire exits.  That’s not our rule.  That’s the fire law.  This is saying that nobody can stand from the podium in here unless the Council chair invites him or her. Councilor Corey Rahme noted that there is something about overcrowding in the resolution. Councilor Cronin said he is referring to Councilor Leone’s amendment addressing the last paragraph. UPON ROLL CALL VOTE: (amendment) 6 no, 2 yes Clr. Lahey Clr. Leone UPON ROLL CALL VOTE: (main motion) 4 yes, 4 no (Clr. Corey Rahme, Clr. Lahey, Clr. Leone, Clr. Zanni) Item failed.               

Consideration of Appointments – None 

NEW BUSINESS

Resolutions:

TR-07-06 Resolution Amending Traffic Rules and Regulations of the City of Methuen – Old Ferry at Washington StreetMOTION BY: Councilor Cronin, seconded by Councilor Leone to adopt for first read and a public hearing.  UPON VOTE: UNANIMOUS. 

TR-07-07 Resolution Amending Traffic Rules and Regulations of the City of Methuen – Currier Street at Washington StreetMOTION BY:  Councilor Leone, seconded by Councilor Cronin to adopt for first read and a public hearing.   Officer Michael Havey said this is for both sides of the intersection where there is a problem.  The police received some complaints that right of way is not clear.  The traffic on Washington Street in both instances has the right of way.  Steve Gagnon from engineering and one of the officers are talking about putting in a scored concrete rumble type strip at the end of Currier Street so that the traffic coming down off of Currier Street going in either direction on Washington Street would basically be diverted off to a right hand turn.  The problem is how the intersection aligns.  It’s difficult to allow people to come straight across and is dangerous to do it that way.  The scored concrete won’t be done until the springtime and there’ll be additional signage added there to make it clear.  The vehicles would come up to what is the tip of the land that’s in between Currier and Washington, so that they would be perpendicular to the roadway.  It would allow the stop sign there with signage ahead explaining the flow of traffic.  They recommended scored concrete as opposed to other types of barriers that are available because of truck traffic that would need to make a turn there or the city sanders making the turn.  This way the scored concrete could be driven over.  UPON VOTE: UNANIMOUS. 

TR-07-08 Resolution Providing for the 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 Leone to adopt for first read.Councilor Leone asked if the documentation could be limited to copies of the award because the documentation that’s submitted for the grant is quite lengthily.   Councilor Cronin said Mr. Kelly, the City Auditor, is charged with cutting checks against warrants issued for different items.  The grant is written for such and such an item and is applied for under certain guidelines.  Mr. Kelly should know when he cuts the check that check is going to pay for something that is within the award of the grant and that the grant was intended for that particular purpose.  It’s just a bookkeeping matter.Councilor Corey Rahme asked the Solicitor if he ever received the face sheet of any of these grants.Attorney McQuillan said, since he’s been here, there is no record in his office reflecting any documents of this nature.Councilor Corey Rahme asked if he would need copy of this for his edification.

Attorney McQuillan said if any issue came up regarding the application or administration of a grant, it would certainly help to have these for reference tools.Councilor Corey Rahme asked if it would be correct to assume that the Mayor would be receiving a copy of the face sheet or at least know the award number.Attorney McQuillan said he did not know if the Mayor does now or has in the past.Councilor Corey Rahme said all the different departments that apply for the grants, know what they’re applying for, know the amount that they’re seeking, put a letter of intent out, hopefully we receive the money, the City Council approves the acceptance of the money and then we receive the check through the City Auditor’s office and then its distributed to the department in need.  Is that the protocol?Attorney McQuillan said that’s essentially the process, yes.Councilor Corey Rahme said Mr. Kelly probably knows what the grant is for at the time of the acceptance and award.  Attorney McQuillan said, as he understands it, normally the City Auditor’s office has received copies of the award letters for his records knowing that X amount of dollars has been approved pursuant to a certain application. That’s the extent of his knowledge of what Mr. Kelly receives.   Councilor Corey Rahme said she needs more information on the process and will say “no” on the first read until she gets more information.Councilor Giordano asked if these records and paperwork be open to the public for review.Attorney McQuillan said, depending upon the nature of the grant and the purpose, generally yes.

Chairman Zanni - point of information – The historic preservation grant was for $875 and it specifically stated it was for the Sands Bridge. He concurs with what Councilor Cronin is suggesting, that when a grant is written and once it has been awarded, through the individual and whatever that town is, in that grant it will be spelled out how that money is going to be used.  It will also state if the grant writer is given a stipend, along with others so that way this Council would now know how that money rather than generality of X amount of money how most of that will be expended from department to department.  This proposal allows Council the opportunity to review the grant through the Solicitor’s office or the Auditor’s office should they have any questions.  Councilor Cronin said, for example, if it’s a police grant and it’s for something down in the Arlington District as far as extra duty for surveillance or something like that – its not his intent to know that a specific sergeant or patrolman assigned to this duty from 8:00 to 5:00 at this particular area.  He’s not interested in that.  It’s strictly a record keeping process and accounting purposes that he believes should be in the Solicitor’s office and in the Accountant’s office.  Chairman Zanni said but if there was surveillance in the Arlington District and that’s part of the grant, it would tell you how much money is going to be expended for that surveillance, not necessarily naming people.  Councilor Cronin says he is not interested in knowing what streets they were on.Chairman Zanni said at least Council could determine how much money was going in what direction.Councilor Giordano said packet Council received tonight for $875 was excellent. It had everything there.  This is the way it should be. Council has seen grants with no back up information whatsoever.  Councilor Corey Rahme questioned if the filing of all applications would be given to both departments.Councilor Cronin said only if the grant is awarded.Councilor Corey Rahme said she was thinking all the applications, but they have to be awarded.Councilor Cronin said we don’t need to have information on grants that we didn’t win.UPON VOTE:  7 yes, l no (Clr. Rahme) 

ANY OTHER BUSINESSCouncilor Lahey asked the Chairman to meet with the Solicitor to further discuss the overcrowding situation to work something out that the Council could agree on.Chairman Zanni he would do so if the majority of the Council would like him to.  He’s not going to pursue something that only one or two people want.Councilor Giordano said the sidewalks at the Tenney Middle School and the Timony haven’t been sanded.  It is a sheet of ice and this morning the kids were walking to go to school in the street.  It is a safety hazard. 

ADJOURN

MOTION BY:  Councilor Andrew, seconded by Councilor Leone to adjourn.UPON VOTE: UNANIMOUS. 

The meeting adjourned at 7:35 p.m. 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 February 5, 2007.                                                                                           

COUNCIL CLERK