good afternoon I now call the appointment committee meeting of the Garder City council's June 27th 2024 at 4M meeting to order I'd like the clerk to record that the uh committee members president are chair tyos councelor heglin and President we have uh uh Katie ktie for J jablonsky from the mayor's office in here to represent mayor nlon first order business is the reading of the minutes of Prior meetings we have none interview of the following appointments a measure confirming the mayor's appointment of Robert Schwarz to the position of planning board member um before uh Katy Gibs report on this I'd just like to say that we have the correct Bob Schwarz here this evening we had a council meeting uh interrupted from some confusion and that's all settled now we have uh Robert Schwarz senior oh it's Robert J Schwarz Robert J Schwarz i' like to clarify that because my son is Robert har schwortz we got to put we have to have the mayor put inial on report from the mayor's office absolutely all right Mr Schwarz has been serving in his capacity since 2014 during his time as a member of the planning board he has brought back he has brought his background as an engineer in the US Army to the discussions in order to fully bring out the full impact of the items that are before the planning board he has also shown his commitment to the city through his work as a member of the city's school committee and the school building committee for both Garder middle school and Gardner Elementary School thank you very much much Mr Schwarz if you'd like to um introduce yourself to the committee and the public watching I'm Robert J Schwarz as was stated I've been on I didn't realize it been on since 2014 I really look forward to it uh I really enjoy working on a planning board because I get the sense this is probably crazy but I get the sense that I had something to do with the beginning of a project to make Garden better that I may sound crazy but that's what I believe in so I really enjoy it in addition to the to the planning board I'm also a member of to represent the city I'm a member of the montachusett regional Planning Commission I'm the treasurer of that agency and I'm also a member of the montachusett Regional Transit Authority or or committee and I'm the chairman of that committee as well so I certainly stay busy with City business in addition to that I believe in professional development and since I was made aware of it probably back in 2014 I deal with professional development and I wish I could remember the actual title but cptc where they have they had fa tace meetings occasionally and talks about different things about the zone zoning or other things dealing or um zoning laws and um talks about other things about develop developments things like that since the bided uh the since Co they um went to zoom they still do that but they they also have an annual conference or takes all day on a Saturday at clock University I wish I could take all the subjects that they have on schedule but you can't you only take about four that's about it but I enjoy going to that every year to meet old friends and new friends and also learn about my job in the planning board so that's all I have to say I appreciate that introduction I just want to say thank you for your service in the Army and I think you know I've always in this committee thank members of the community that step up to serve their city and larger Community like you've done I think you're a great example of that and I appreciate the work that you do i' just like to open up questions with um for the Public's awareness you said you know the planning board's interaction with the start of projects what are some aspects of the project that the planning board might uh discuss or make determinations on well we try to enforce the the building code and developers come in and they have their own idea although they they are knowledgeable of the building code but they they they're always not not always but a lot of times they're looking for the exception to a building code and it's up to the building committee to either allow for that exception or not a case in point is uh zero West Broadway there was a big 52 apartment complex that was scheduled to be there they have since withdrawn reconfigured their their uh their plans to something significantly smaller what they wanted to do primarily is they wanted to have parking in front of their buildings and we didn't go along with that that was the developer was looking for the exception cuz it isn't the Cod to do that but in this case for safety reasons of the people that would live there we we absolutely did not want to go go along with that so finally they caught on and um they would Drew their application and fact I think at the next meeting they're resubmitting their their application again for a different type of project so that then that might go through okay thank you for that explanation so that's it's very interesting is try to follow the the laws within the city with the code councilor thank you um Alo again thank you for your service to our country and our community I know it's been a lot of years of so we thank you for that um any particular projects you were really excited about in the past or things you want to highlight that the planning boards had a role in and you said that's one of the kind of the awesome parts of that well I'm looking forward to a uh on the um it's behind M Main Street as people are referring to it that Apartment project I would like to see that take on yeah we need to find a development to take that on and with the other thing there was a there's like a recreational park there uh that's in the planning we went through that made some changes to it and so I'm looking forward for someone to come in and build that and provide additional parking to the city and also have a focal point rather than Pleasant Street or City Hall Avenue for the annual food truck thing that would probably be held down there probably take more people and there rather than fight for the traffic as well so I'm looking forward to that thank you than appreciate it I have no further questions again thank you for your service to the community you know I was pleased to see this reappointment and you're willingness to to to go for another term on the plan thank you for the opportunity I thank you appreciate that thank you appreciate it uh we're going to move on to our next item you're free to stay or go as you please thank you for coming today you're welcome thank you Item B A measure confirming the May's appointment of Steven Cormier to the position of pling board member report from the mayor's office Mr Cormier has been serving on the city's planning board since 2007 and previously served the city as a firefighter for the gardener fire department as a lifelong gardenite and someone who has been active in the city for several decades Mr Cormier brings a strong P perspective on using Gardner's history as a foundation from which to build off of while still progressing forward in a positive direction I have been truly happy and impressed with the discussions that we've had regarding the items that have been before the planning board and the thought process he has he has in working towards this vote decisions the mayor fully supports this appointment and is happy to put it forward thank you councilor Hein do you have any questions to the mayor's office uh no questions at this time you know i' like to just thank uh Mr cor he watched this for his years of service as well he brings a lot of great experience to the role so I appreciate him being interested to continue on like councelor heglin has said uh you know nearly 15 years or actually uh more than 15 years on the planning board Mr Cormier um I do watch those meetings I I find his perspectives and you know the way he works towards decisions and his votes to to be refreshing and um you know being a firefighter in the community beforehand uh this is a reappointment um and um happy to uh to see Mr cor are willing to continue serving this community agre thank you we'll move on to our next item see a meic confirming the mayor's appointment of Vincent buer to the position of assistant City s Mr solicitor and assistant solicitor if you'd like to sit here we'll first have report from the mayor's office Mr puser has been working as the city's assist as the assistant city solicitor for the past few months under a temporary appointment issued under the city code during his few months and acting role I have been thoroughly oppressed by attorney by attorney piter his collaborative and extensively detailed work ethic has been hugely benef official to the city while maintaining a calm demeanor even through confusing situations that arise and then Works to find a solution to whatever whatever the issue is at hand in the most effective and legally sound way possible he comes to us with previous experience as the city solicitor for the city of fish the mayor fully supports this appointment and is happy to put it Forward appreciate it uh would the city solicitor like to give your just like to introduce attorney puser uh to the committee I've known uh attorney puser for close to 20 years now um U worked with him while he was the city solicitor in Fitchburg for 8 years uh we worked on a couple matters to together collaboratively where um brought me in as a um special counsel to pitchburg on some matters um and we also collaborated on other matters together um attorney piter's background as city solicitor for a municipality very very similar gner has been uh very helpful um uh to to the law department and in in allowing us to to address matters in a in a more rapid and more uh thorough manner um so I I we fully support his appointment and I look for to continue to work with him you like to introduce yourself to the um yes please uh so I've been in public service since 2001 when mayor myot appointed me to the zoning board City of Pittsburgh from there I may um long appointed me to the License Commission uh so I left the uh zoning board to go to that commission and then and um had mayor deal appoint me to City solic role and I worked with under mayor squal for about 3 weeks or so while the uh transition was happening to her solicitor of choice um uh I enjoy working with uh attorney flick uh greatly and he was a person that I would call and bounce ideas off of when I was a solicitor in Pittsburg I also enjoy very much being the assistant solicitor I think it's an opportunity to kind of just get into the uh behind the plate if you will and just start calling balls and strike we try to set up a a clear uh chain of command if you will uh and John is able to provide me projects I can focus on those projects uh and just uh focus on legal issues and and provide correct legal advice um except for when there's a conflict and most recently I've had a pre sizable project and I've been excited to work on it and and try to provide a good work about City so I'd hope you look favly on the uh request for the appointment and i' look forward to serving the city of garden thank you councelor other questions sure um thank you for your interest first and foremost um how long were you solicitor in p uh was well 8 years and 3 weeks but I wasn't really counting no no not at all that no no eight years was there um anything in particular that brought you to this rolling Garden or you touched on it a little bit just there but um well actually um I think my relationship with John the unfortunate passing of the prior assist solicitor um and I think I think when once that occurred we saw that there was a clear path for some Synergy for us to really um bring something in the Law Department that um a better level of expertise in both positions uh John I think has the confidence of giving me a project and say go figure this out as opposed to you need to work on this and this is how I would go about figuring this out so um and and then um you know just a good working relationship that we have together from prior cases including cases where we've been on the opposite sides fighting against each other we in the private sector So yeah thank you no and I'll just add that in the short time I've known you and in the couple instances we've interacted you've been incredibly diligent and thorough at the work so I think you know what you both have reported today has definitely been um seen at least in my experience you know it's been fair and helpful guidance when needed from you so thank you that's all for me thank you councelor heglin I had a question for attorney uh flick first um not related to the specific appointment but something the mayor's previously reported at our March 1st appointment Comm meeting the mayor reported that um ATT attorney P's appointment was going to be a 30-day temporary appointment just to get the Department back on its feet uh after that a search would be opened for an assistant solicitor did that occur or I knew nothing of that you knew nothing of that no interesting um again not relevant to your uh skills expertise or education for this appointment U just something that the Merit reported and I think it was pertinent to our conversation here today you had said that there's different roles and responsibilities within the Law Department uh what for example might be uh something that the assistant solicitor might work on versus something that the city solicitor might work on I think that there's not necessarily a uh clear uh distinction of those types of things it would be what John would assign to me so we try to divy up the work in a manner that can get it done uh I was recently working on um uh an eminent domain uh for the project across the street here I have a couple of I a list of other addresses that we're working on uh to resolve some estate issues behind our need to do some eminent domain on some other properties um there's a conflict that John had so that wound up at my office uh there are uh presentment letters that have come in I've done an initial workup investigation on those claims uh work with my those claims John will handle other claims John will handle most of the cases or those uh I call them matters in the Law Department because not everything that the law department will do is an actual case um things that have a longer term history for example um um property use issues purchasing issues and the different things that we had so those would be things that the John would stay with uh would stay with John um if if I can comment as well is something that we're continuing to discuss um one area that I have specifically and exclusively assigned to attorney p is the airport commission uh because of his experience with Fitchburg um with the airport commission there which was much more active um than ours has been historically but ours is becoming uh more active um and what they're some of the things they're trying to do down at the airport so with the E experience um uh with the airport commission that is one area that I assigned him um very very specialized quirky area of the law when it comes to airports um but typically it's just a division of labor to keep work somewhat Equitable um and we may be May and there are some matters well we'll just work collaboratively on things uh which which is always a good good plan because then we can bounce ideas and leave the theories off of each other um as we proceed with those projects collaboration is always important and do you currently still still have a a law practice in umor so my sister and I are law partners and there are there's a practice there we have five attorneys in that yes is any conflicts of interest that may occur uh for Gardner you would handle du to attorney so so so for example we have a we have a a legal question has been raised by um Empire management regarding their building and the property that they rest on well attorney P has industry representing Enterprise management um Empire EMP Empire management so that would be a matter I would not need discuss with attorney Poli um you know bar pending any any potential conflict it's it happens it's it's it's part of the nature of the of the business um so I would say this current Arrangement where you have two separate firms is ideal in light of just just what we had so if you have the uh most recent petition uh or application that's pending before city council that's a fairly uh important thing that there was a conflict that we identified early uh with attorning flick so I was able to kind of control that issue and this this I this I just learned of this issue with Empire management now so he was obviously didn't even consider directing it to so having the two different firms actually is ideal for that specific purpose and the reason I bring this up is cu I have had question from the past before about uh various reasons why the council has had to go to outside Council du conflicts of interest and it seems like it's an advantage to have assistance outside it it it is and there it doesn't mean that there aren't still matters that may come up that have to go to health side counsil that's you know if we had a um there there are areas of the wall where they're just so specialized that you you need to um or if it's a if it's a torque plane that goes through Maya and gets assigned out to council although recently we've had a couple that I've been able to get dismissed very quickly so we haven't had to occur retainage um this failure to file a presentment of something of some residual issue that that that blanket has has missed on so um but it's it's it's it's it's the N it's the nature of the practice today so a good example of outside Council use historically I had um we had some issues with uh some grants from the FAA in pitchburg and I felt fairly comfortable in that area I feel like that's something that I I'm uh you know if I could do more of it I would right U but there's not too many airports in here walking in the door of a local Fitchburg uh uh law fir um but uh sometimes to well sometimes there was a particular occasion I think that where I just I would contact an outside firm with somebody else that has that big experience just so I could get some other set of eyes on a relatively big and public issue just to make sure that we V it and and that I'm not missing something because it's not impossible that another said I see something that you don't know I see um I just also wanted to comment about my connection to the city of Gardner I've lived in pitchburg since 1997 my father has had a practice in the City of Fitchburg since the 70s um so I would come up to the City of Fitchburg and I would say that I've done everything in that office from cleaning out the ashtrays and the waist baskets uh to uh doing the pel court arguments um but um our connections in the northern wiester County area included a lot of the attorneys who have since deceased or have retired from the practice of law in the city of Gardner we would be at Gardner District Court quite a bit uh and we would be um um uh just in the community too my mother's a graduate of uh Henry hawood nursing school and is very proud of that and uh she would love being a nurse and she loved that school and um you I have friends in the city and uh certainly the success of the city would be it's important especially when you have a private business in the area you want the city to be successful and you and you sure certainly want to do the best job that you can because you also have a reputation in the city I appreciate that connection in Gardner I think that is important um last question I have for and this is for the Public's awareness internal Law Department internal Law Department operations uh so it sounds like with the current Arrangement attorney flick you might take the lead if uh say the council or a chair of a subcommittee had a opinion requested um that's something that it it would come to me and then um I I would work with the attorney crusar to over termine if this is something that I will handle or I'll put this on attorney P's plate um we are in the process there's another fortunate connection here we both utilize the same client management software so we're working with the software developer might to find a way that we can create a connection so that we can share those files through that um through that system and basically have real time access to to those files um not sure if that's going to come with a cost or not but we'll work them to see how we can use that more coll operatively since we're two separate license holders oh interesting so so if a request is made to the law department does it get entered into that software or I I use I use that software for every um everything that I do for the city every client management oh interesting um cuz it keep it keeps things streamlined so um I don't keep a separate client management system just for City work I use that um it's called Le legal um and attorney crary's office uses the same system so current L I have my Gardener files on a separate drive and I'm try I try to keep City public or organized by property address because I figured that's the best reference the peoples and the names really shouldn't matter and they change but the property addresses going that remain the same so uh that's kind of the mindset of how we try to approach the work and then um and then just how we going to upload that into the system is going to be it's not it's not impossible it's just a matter of where are we going to find the time to train ourselves how to make make the programs do what we it's certainly not holding up work now at creating back it's just a future announ because we we still we still have to manage a private office and make sure we make payroll on a weekly or bi-weekly basis for private office so it's it's a it's a bit of a dichotomy um to try to manage all of that but we do it very good though and I enjoy it so I appreciate the opportunity appreciate that Council H do you have any further questions nothing no thank you no and I think uh you know I think the city fortunate to have attorney puser willing to work for our community um I've certainly been impressed with the work that I've seen from you and the timeliness that that work comes through it's in my 5 years as city council is some of the best work I've seen out at the law department so thank you for that thank you thank you much good rest of your day thank you item D A measure the mayor's appointment of mallerie corette cornette sorry to the position of zoning Board member report from the mayor's office Mr forette has been serving as an alternate member of the zoning board of appeals for the The Last 5 Years during this time when conflicts or absences have come up he has served as a full voting member of the zba giving him a true perspective and example of what the job entails in the trainings in the training that has to be done to perform the job adequately I'm happy to put him forward for a full appointment and Trust his judgment for the city in continuing to work with cases in this in this full role on the zba thank you Council hman you have any questions uh no no questions today I think similarly you know thank you to Mr cornet for his time as an alternate and step in when needed so I I think that definitely gives some insight into what's going on in the city currently and and where we're heading with maybe new projects so I think the experience is beneficial yeah so this is an interesting appointment because it's really a reappointment when you think about it uh due to his experience on the zoning board as an alternate member for the past 5 years so uh I have no further questions the mayor um fully recommends this appointment and I'd be happy to move on same all right M A measure confirming uh mayor's appointment of Lori weda to the position of zoning Board member for from the mayor's office Miss weita is a gardener resident Who currently serves as the town assessor for the town of Templeton in her role as a municipal assessor she has a very unique insight into land use policies in the Commonwealth and implications regarding valuations and long-term impacts of the projects in the city the zba is a very technical board that requires a lot of inep in-depth knowledge and training in order to be successful as a candidate for this position and I truly believe that glor is the perfect person fit that role her Municipal background and training she has obtained in her professional career will provide an invaluable perspective to the board its decisions um the mayor fully supports this appointment and is happy to V for it thank you Katie uh Council Agland do you have any questions no questions right now it again looks like great experience I think that'll be has the potential to be a real asset to the zoning board um so I want to thank her our interest it's great to have new people interested and with different backgrounds thank you councelor heg uh ktie do you know is missua being appointed to be a full-time member or an alternate member of the zba I'm unsure unsure um I think that's okay given uh you know um the report from the mayor that she's you know the current Town assessor for neighboring town and she has you know great Municipal experience um and insight into delay news um this is a board rather than a single singular appointment as well so she'll be able to um work with other board members um so um normally we'd like new appointees to to U we certainly have the mayor give a point uh report but also come intr some themselves to the community but U missa I think is well known in these parts and uh thank her for wanting to contribute to garer uh even though you know she uh Works in Templeton I think it's great that she wants to to help out uh in the community that she lives in uh Katie if the mayor's office could clarify uh if the is a full or an alter member uh before the council meeting on Monday just so that we give report uh like to have that information but otherwise I have no questions and I thank missa for for setting up for a community yeah nothing further this either agreed all right that is uh all the interviews uh for the appointees any resignations to report from mayor's office discussions of appointees interviewed so no further discussion I think you know we heard some great things today so I think I would would like to uh move to recommend um each of these appointments uh item a measure confirming the mayor's appointment of Robert Schwartz to the position of planning board member uh B A me measure confirming the mayor's appointment of Steven Kier to the position of planning board member C A measure confirming the mayor's appointment of Vincent fuser to the position of city solicitor uh D A measure confirming the mayor's appointment of melie cornette to the position zoning Board member and uh e a measure confirming the mayor deployment of to the position of zoning board M second motion by councelor heglin second by counselor tyos to recommend the mayor's appointments is their discussion nother discussion all those in favor I I all those oppose no motion passes uh we have no further referrals from the full Council and any motion to adj so moved motion made by Council hgan second seconded by councelor tyos second second by councelor tyros uh to adjourn in favor I I allos no Jour with stand Jour thank you