the Monday May 20th 2024 regular meeting of the gardener city council will come to order the clerk will please call the role councelor Brooks pres councelor Craig Cormier pres councel General lawitz pres Council harder pres Council Heath present councel hegan pres counc ma present counc T Munos pres Council tone Pres coun Ro present and president C pres please rise to recite the opening prayer and say the Pledge of Allegiance Almy God we thank you for bring us together this evening INSP USS decisions and direct us the of the city government we pray thee to bless and protect all the people of our city and to soide inspire us that we may delate unity and Harmony amen I of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all we'll begin with the reading in approval of the March 4th 2024 regular meeting minutes councelor tyros thank you madam president I'd like to make a motion that we wave the reading of March 4 2024's regular meeting minutes and accept them as presented motion made by councelor tyus second by councelor Heath to wave the reading of the minutes and accept them as presented is there a discussion on the motion all those in favor say I I opposed say no motion passes at this time I'm going to take item 11278 it's on page four of our Council agenda take that out of order mad item 11278 mad president did you read the open meeting oh excuse me thank you open meeting recording notice any person may make a video audio recording of an open session of a meeting or may transmit the meeting through any medium subject to reasonable requirements of the chair as to the number placement and operation of equipment used so as not to interfere with the conduct of the meeting any person intending to make such recording shall notify the chair forth with all documents and Exhibits used or referen at the meeting must be submitted in duplicate to the chair as they become part of the meeting minutes pursu to General Law chapter 38 subsection 20 is anyone here recording tonight's meeting person recording please state your name and address for the record you know what please state your name and address for the record there's a microphone right there call to Mayo I'm Willis Ro thank you so everything you record needs to be submitted to the clerk after the meeting according to the law thank you item 11278 a petition by National Grid Parker Street to install duct bank across Parker Street from 29 Parker Street to two Parker Street councelor ton Madame President uh per communication from National Grid I'd like to withdraw this from the count uh withraw this um remove this from the calendar second motion made by councelor Don second by counc tyros to remove the item from the calendar is there discussion on the motion all those in favor say I iose say no motion passes Communications from the mayor Communications item 11282 a communication from the mayor regarding item 11232 a resolution relating to the future of Helen may solder school and item number 11279 a resolution relating to the future of Stonefield councelor Mac I make a motion that we place this communication on file second motion made by councelor Ma second by councelor General L to place the communication on file is there discussion on the motion Madam president councelor Tyrus thank you the last line of the solicitor's letter in our packet states that the school committee should consult its own legal counsel I find this troubling and confusing as he is the city's solicitor I'd like to move to amend the motion to include a request to the law department for an opinion as to which city departments the city solicitor represent presents which he does not and an explanation for each as well second motion made by councelor ties second by councelor D we will take a vote on the motion as amended is there a discussion on the motion councelor heglin thank you madam president um I appreciate the amendment I think it's a a valid one for us to make um you know as the sponsor of these two resolutions it's good that we're finding these things out I know that there um was some issue with the D just indicating to us that in perpetuity it is for school uses so it's good we're finding these things out ahead of time however I just want to also add and and make sure that we stress to the city um and that we as City officials make sure we still um with the mayor and as the city council we're exploring options in the meantime so that these you know two properties don't continue to fall into further disrepair so that while we seek these legal opinions and and further information hopefully we can still get our ad hoc committee set up uh and the City can look at options both for school uses Andor um private uses so thank you that is all thank you counselor further discussion on the amended motion Mr Mayor thank you madam president uh just to provide further information to the city council on the letter that was presented um while the council the motion has been amended to request that opinion of the city solicitor uh the school department has contracted with the services of attorney uh Christine tree to provide provide a uh opinion to the city to show what options are available for the city if there's any way out of the deed restrictions that are there if the deed restrictions are permanent uh if so what the impacts of that are and a long-term plan uh so that report will be coming out forward soon um once attorney tree is able to complete that review of all the relevant documents thank you thank you Mr Mayor further discussion on the motion Council tyros thank you madam president just to be clear Mr Mayor that uh attorney tree would be considered outside councel Madam president Mr Mayor thank you very much that is true attorney tree would be outside Council paid for out of the city's outside Council line IEM thank you Mr mayor council Mac where would the funds for uh to pay attorney tree come from is is that a question question for the mayor if mayor Mr Mayor uh since it's something being done through the offices of the school committee under the uh the school department under the opes of the school committee be the school Department's Professional Services line item in the uh budget thank you Mr Mayor further questions I'm further discussion on the amended motion this is on the amended motion all those in favor say I I those supposed say no no one no if uh anyone who voted no please raise your left hand left no 10 y one no motion passes item 11283 the measure authorizing an intermunicipal agreement between the city of Garder and the town of Princeton for veteran services fy22 25 to FY 2027 councelor M thank you madam president this is to continue the inter Municipal agreement with the town of president for veteran services with the threeyear schedule um and attached in our packet is the fee for services over the three years the finance committee was in favor and I move the order second motion made by councelor Max second by councelor General to approve the authorization is there a discussion on the motion all those in favor say I I oppos say no motion passes before we go into next page I'm just going to go up to public hearings as uh item 11278 we did remove it from the calendar I just want to acknowledge that item 11278 was a subject of a public hearing this evening but since it was removed from the calendar we will not be having public hearing because there is no item to have a public hearing on just to be sure that information is clear to the public if the item were to be resubmitted then at that point we would have to motion to schedule a public hearing and have a public hearing at that time um but it was removed from the calendar so there is no need for a public hearing item 11284 a measure authorizing an intermunicipal agreement between the city of Gardner and the town of Ashburnham for animal control services FY 2025 to FY 2027 councelor Mac thank you madam president um this order is to continue the intermunicipal agreement between the city of Gardner and the town of asham for animal control services until 2027 in the agreement is the percentage of cost um with the increasing fee for the 3 years of service the finance committee was in favor and I move the order second motion made by councel Max by councelor J allow to approve the authorization is there discussion on the motion all those in favor say I iose say no the motion passes item 11290 a communication from the mayor regarding the collective bargaining agreement between the city of Gardner and the Massachusetts Coalition of police m cop local 400 Superior offices Union councelor mac uh I make a Mot to place this communication on file second motion made by councelor Ma seconded by councelor D to place the communication on file is there discussion on the motion all those in favor say I I those opposed say no motion passes orders item 11 1285 in order appropriating $5,000 from free cash to the Council on Aging repairs and maintenance expense account councelor darns thank you madam president in the early 2000's holes were cut in the walls for AC units in the mck building these have since been replaced uh the units themselves with many splits however this appropriation covers the proper repair of those holes to prevent any further damage from the weather finance committee was in favor and I move the order second motion made by councelor General LTZ seconded by councelor Mack to adopt the order is there a discussion on the motion we'll take a roll call vote on this item the clerk will please call the rooll council Brooks yes councel Craig Cormier yes counc General lawitz yes Council harder yes Council Heath yes yes Council heglin yes councel Mack yes councel TBO Munos yes Council tone yes councel tyros yes president kazin yes 11 11 y the motion passes item 11286 an order appropriating $30,000 from free cash to the mayor's unclassified s gra versus City lawsuit expense account councelor General LTZ thank you again Madam president the finance committee did meet on this item however uh we did ask for a breakdown of these costs um that is still being compiled at this time so we would ask for more time second motion made by councelor J seconded by councelor HEI um to ask for more time is there discussion on the motion all those in favor say I I post say no motion pass ordinances item 11287 in order to amend the code of the city of Garder chapter 171 thereof entitled Personnel to change the compensation schedule exhibited exhibit e non-union personnel councel General thank you madam president these are related to our budget um we would ask for uh more time on this item there is no objection the committee will be granted more time the counselor question have they been referred to the finance committee already they have this this item has been yeah we did meet them this one is already in committee y thank you um if there's no objection the committee will be granted more time the committee will be granted more time item 11 1289 an ordinance to amend the code of the city of Garder part one thereof entitled administrative legislation councelor General as the finance committee has not yet met on this I'd like to refer to the committee for further study and Report second motion made by councelor General second by councelor Mack to refer the item to the finance committee for for this stting report is there discussion on the motion all those in favor say I I those oppos say no motion passes petitions applications Communications Etc item 11291 and open meeting law complaint filed by Paul Deo regarding executive session meetings councel tyros thank you madam president I move to authorize the council president to respond on behalf of the council that the executive sessions listed in the complaint were in compliance with Mass General law second motion made by councelor Tyra seconded by councelor Duran allowitz to authorize the city council president to respond on behalf of the council stating that the executive sessions listed in the complaint were held in compliance with the law this is there a discussion on the motion all those in favor say I I those opposed say no the motion passes reports of standing committees finance committee item 11256 a resolution to rename the city council chamber the Ronald F Cormier Council chamber councelor Mac uh the committee requests more time if there is no objection the committee will be granted more time the committee will be granted more time item 11272 a measure establishing a special purpose schools Reserve stabilization fund under master General Law chapter 40 section 5 b councelor Mac yes this measure um would establish a special purpose uh School reservation stab stabilization fund as allowed under Mass General law this fund would allow the mayor to put money in from free cash into a reserved account to plan ahead for such expenses as special education transportation and other mandatory costs that arise annually and are required uh the committee was in favor so I move the order second motion made by councelor Max seced by councelor General to adop the measure is there a discussion on the motion Madam president I'm just going to recuse myself from this matter as a school of employee thank you councelor hgin councel Tyrus thank you madam president uh earlier this evening we did receive a presentation from superintendent pelo Dr pelo and I believe that this is a great initiative he's done a fantastic job and the mayor has supported his Endeavors and uh support the finance committee and uh this measure thank you thank you counselor further discussion on the motion councelor ton through through the chair um to the finance committee um I would this impact any special uh circuit breaker or any of the funding that we currently get um for special ed in transportation to the chair finance committee counc you I guess the question are you asking where the funding will come from to fund this no the question would be will I have an impact no no it it would this wouldn't impact so it's addition yeah it's an addition to um in what a stabilization fund would be for example um um uh the school department just went to the city auditor they were looking for some extra money this spring to add a bus because the buses are too full um but there was no additional fund to do that it was an additional I believe $100,000 so having such a stabilization fund not only for special ed but for other transportation we if they had the fund in this account we would be able to have to been able to give to them thank you through the chair my question was more geared to our our reimbursement uh percentage that we get on a yearly basis through circuit breaker whether or not that would impact the percentage um that the city of gardo gets with having uh additional funds I and I apologize probably should have asked this sooner um but just the impact on the percentage on a year and which fluctuates year to year through through the chair this fund is not just solely for to fund Transportation it's to fund other other things so um I I I can't speak to whe it would fun it would affect a circuit breaker but it's not only just for special Transportation thank you councel madam president the councel Brooks I I was going to say from my excuse me from my experience this money would be going to stabilization fund not to the school budget if we were putting this money toward the school budget there could be an impact in this case it's going to a stabilization fun like a savings account and it's it's not counting thank you yes thank you counselor thank you counselor for the discussion on the item this is on the motion to adopt the measure all those in favor say I I oppos say no motion passes attendees item 11273 a measure to establish a special purpose capital projects Reserve stabilization account under master Law chapter 40 Section 5 b ccor m thank you CC president this measure would also be like creating a a special purpose stabilization fund AKA like a savings account um for our Capital Improvement projects um so out of free cash the mayor would be able to allocate money there for our we all seen the capital Improvement list we have many much needed projects on that list for for example the salt shed that we just recently voted the um to to purchase had we had a stabilization fund we would have been able to take the money out of that and not um directly out of a free cash out of the time so this would offset the cost of of many needed projects the finance committee was in favor and I move the order second motion made by councel Max second by councelor D alls to adopt the order is there a discussion on the motion councel tyos thank you madam president as one of the council's representatives on the Capital Improvements committee I fully um uh support this uh measure there's a long list of capital Improvement projects that the city just hasn't gone to because the funding was not there um things things like the salt shed that came up things like painting the siding on the uh outdoor pools uh buildings things like uh making the bathrooms more Ada and and modern in City Hall and other buildings and roofs and stuff nature um this is a a great thing to establish and and'll allow that committee to make some good decisions on improvements in our community thank thank you thank you counselor further discussion all those in favor say I I those say no motion passes item 11270 an order transferring $10,000 from city clerk Department salaries and wages to election and registration Professional Services operating expenditures councelor Matt yes uh the city clerk requested that this transfer from salary and wages um to the elections and salary operating expenditure um and the finance committee was in favor and I move the order second motion made by councelor Max second coun General to adopt the order is there a discussion on the motion this item and the next three items require a roll call vote the clerk will please call the roll Council Brooks yes councilor Craig Cormier yes Council General LTZ yes Council harder yes councilor Heath yes Council hegan yes Council Mack yes Council T Minos yes Council yes Council tyros yes and president yes 11 11 y the motion passes item 11271 in order transferring $16,200 from Human Resources salaries and wages to operating expenditures councelor General LTZ thank you madam president similar to the previous one this is a transfer from within the budget from salary to operating expenses uh this is to cover consulting services from the former HR Director as well as flexible spending account um costs finance committee was in favor and I move the order second motion made by councelor General second by councelor tyros to adopt the order is there a discussion on the motion the clerk will please call the role Council Brooks yes Council Craig Cormier yes Council General LTZ yes Council Hardon yes Council Heath yes Council hegan yes Council math yes Council tbot munus yes counil ton yes counil tyros yes and president cisus yes 11 118 is the motion passes item 11277 in order transferring $330,000 from mayor Department executive Aid salaries to Mayor unclassified Department operating expenditure councelor dernell lawitz thank you madam president again this is a transfer from salary uh to the um operating expenditures for the mayor's uh Department the executive Aid position was empty for some time uh these funds were used for the onetime cost um $25,000 for a new phone system in the building uh and the the remainder of the funds $5,000 were used for Capital the capital Improvement account finance committee was in favor and I moved to pass the order second motion made by councelor General seconded by councelor Heath to adopt the order is there a discussion on the motion the clerk will please call the rooll council Brooks yes councel Craig Cormier yes Council Don lawitz yes Council harder yes Council Heath yes councel heglin yes councel Mack yes councel tbot Munos yes councel tone yes Council tyros yes and president kazin yes 11 11 y the motion passes item 11281 an order transferring $9,500 from Health Department salaries and wages to Health Department operating expenditures Council General outs thank you Madame President uh this there was a vacancy in the this again is a transfer salary and wages the operating expenditures there was vacancy in the food inspector role which we created created this excess salary line item these funds were used to cover expenses under the Professional Services and professional uh development the finance committee was in favor and I move to pass the order motion made second motion made by councelor General lawitz seconded by councelor tyros to adopt the order is there discussion on the motion the clerk will please call the rooll councel Brooks yes counc Craig Kier yes councel General lawitz yes counc hard yes Council Heath yes councel heglin yes Council Mac yes coun tbot munus yes counil tone yes councel tyros yes and president kinus yes 11 11 y the motion passes item 11275 an ordinance to amend the code of the city of Gardner chapter 560 thereof entitled Solid Waste to change the fee for solid waste collection councelor DT thank you again Madam president this uh ordinance amendment was recommended by the health director DPW director and City auditor this will increase the cost for solid waste collection by $15 a year through fiscal year 2028 uh this increase is due to to the projections made by the aforementioned city employees and will allow for continued trash trash service for the city the finance committee was in favor and I move to send the ordinance to first printing second motion made by councelor General seconded by councelor Mack to send the item to first printing is there discussion on the motion all those in favor say I I those opposed say no the motion passes appointments to item 11139 a measure confirming the mayor's appointment of robertz to the position of planning board member for term expiring January 4th 2027 councelor tyros thank you madam president the appointments committee would like to take this item 11139 11140 11141 11255 and respectfully request more time if there is no objection the committee will be granted more time for item 11139 11140 a measure confirming the mayor's appointment of Robert shorts the position of planning board member for term expiring January 4th 2027 item 11141 and meing affirming the May's appointment of stepen Cormier to the position of planning board member for term expiring January 4th 2027 and item 11255 are measuring confirming the mayor's appointment of Vincent puser to the position of assistant City solicor for term expiring January 1st 2025 seeing there is no objection the committee will be granted more time question excuse me on there's no there's no public comment there's no public question okay you have the wrong name it could be me or it could be my with this something we can discuss at the end of the meeting but right now you can't disrupt the business of the meeting thank you Safety Committee item 11086 an ordinance to amend the code of the city of gardener chapter 600 entitled I'm going to take a brief recess e call Mee back to order item 11086 an ordinance to amend the code of the city of Garder chapter 600 entitled vehicles and traffic section 24 entitled parking prohibit on certain streets Home Street cour yes thank you madam president this item is already at first printing and we still have had no negative feedback so I therefore move to send the item to Second and final printing second motion made by councel Cormier seconded by Council tunos to send the item to Second and final printing is there a discussion on the motion all those in favor say I I say no motion passes item 11115 an ordinance to amend the code of the city of Gardner chapter 600 entitled vehicles and traffic section 24 entitled parking prohibited on certain streets Douglas Road councilor C for thank you madam president uh on items 11115 and 11204 both of these are in trial periods with the police department and the DPW right now and I therefore ask for more time on both of these items if there is no objection the committee will be granted more time on item 111 15 and item 11 1204 an ordinance to amend the code of the city of Garder chapter 600 entitled vehicles and traffic section 24 entitled parking prohibit on certain streets edel street from Elm Street to laurren Street seeing that there is no objection the committee will be granted more time welfare committee item 11211 an ordinance to amend the code of the city of Garder to add a new chapter 15 to be entitled agricultural commission councilor Mac um the committee uh respectfully asked for more time we're still waiting for information from a couple department heads if there's no objection the committee will be granted more time the committee will be granted more time item 11276 an ordinance to amend section four of chapter 182 of the code of the city of Garder thereof entitled zoning board of appeals to increase the number of members from three to five councelor Mack uh the welfare committee met on this item prior to this meeting the this ordinance would increase the board membership from three to five members many many other municipalities um and the Commonwealth have a zoning Board of appeal of five members with the increasing need of the of the committee um with the amount of local businesses com uh businesses coming into Garder um this would allow them to have a quorum to meet and a majority vote not be needing to be unanimous as right now that it has to be with only three members which is required under the laws of the Commonwealth um also in the letter from the mayor it states that this would change the zbaa under a zoning ordinance chapter 675 under the Mass General uh law code 41 section 81z um the vote would require a 2third majority four out of five members to to pass um any item before them the committee was in favor so I move the order to first printing second motion made by councelor Max seconded by councelor General out you send the item to first printing is there discussion on the motion all those in favor say I I those oppos say no the motion passes service committee item 11278 we voted previously tonight on this item and it was removed from the calendar Committee of the whole item 11260 a notification from the mayor regarding the submission of the FY 2025 school department budget councelor tyros thank you madam president earlier this evening we met and discussed the school department budget therefore I move to place this item on file second motion made by councelor tyer second by councelor dwit to place the item on file is there a discussion on the motion Madam president Council yes I I I would like to commend the school department and um the school committee put presenting um a level budget for this next year however when listening and from a funding perspective um for the following year FY 26 um we're going to have to continue to plan ahead because from my calculations just off the top of my head we're going to be about $1.2 million short um so um I just want to commend them uh for this upcoming year and uh let's get creative in the next year thank you thank you councel so further discussion on the motion all those in favor say I I I those opposed say no motion passes item 11261 measure authorizing FY 2025 revolving funds for the city pursuant to massachusett General Lodge chapter 44 section 53e and a half CC out thank you madam president I'd like take this item in 11262 11263 11264 11265 11266 11267 11268 and 11269 together and ask for more time if there is no objection the committee will the committee of the whole will be granted more time for items 11261 11262 in order to raise an appropriate the sum of 13,665 4445 for the various Departments of the city for the salary and Labor budget for the fiscal year beginning July 1st 2024 and ending July 30th 2025 item 11263 in order to raise an appropriate the sum of 27,36 1427 for the various Departments of the city for the expense budget for the fiscal year beginning July 1st 2024 and ending July 30th 2025 item 11264 in order appropriating the sum of 34,2 2,226 for the school department budget for the fiscal year beginning July 1st 2024 and ending June 30th 2025 item 11265 in order appropriating the sum of $2,162 and 73 cents from available funds cable commission fees reserved to Cable commission budget for the fiscal year beginning July 1st 2024 and ending June 30th 2025 item 11266 an order appropriating the sum of 10,819 180 from available Enterprise funds various receipts reserved to various Enterprise accounts for the fiscal year beginning July 1st 2024 and ending June 30th 2025 item 11267 in order appropriating the sum of $170,000 from available funds Bond proceeds reserved to interest outside debt for the fiscal year beginning July 1st 2024 and ending J June 30th 2025 item 11268 in order authorizing a transfer of the sum of $322,700 budget and item 11269 an order authorizing the transfer of the sum of [Music] which occurred yesterday at the Acadian Social Club scholarship award ceremony where five area local area high school students were awarded significant Scholarships in pursuit of higher education since 2020 the Acadian Social Club has distributed over $23,000 in scholarships to local students with funds primarily ra primarily raised from its membership and the generosity of local businesses during its French Open golf tournament is a great example of the importance and pride The Gardener Community has in supporting our students with the wide array of scholarships which help make an increasingly unaffordable college experience more attainable I know I am still grateful for the scholarships this community provided me when I was that age and I wish the best of luck to the three future nurses the future physical therapist and the future engineer and hope that you come back to the Garden area and continue to make this community a great place to call home thank you counselor further Council comments and remarks counselor Heath uh thank you madam president I just want to go ahead and recognize um it was order 11277 um I think it just kind of went over some people's heads on the fact that um the old HR Director you know was still after retiring was still able to make sure that we were in good hands working with the transition and things as such so I just want to go ahead and acknowledge her for that right there because that was a nice effort that is all thank you councelor Heath further discussion councelor M um I just have a couple things I just want to all the area of graduates in the next couple of weeks congratulate them as they um approach their final you know days and in celebration of their upcoming High School graduation um and I just want to acknowledge next week uh Garden high school will be having their senior Awards assembly and this is something that's near and dear to my heart as I work there for over 30 years and can tell you that next Thursday over um close to 3/4 of a million dollar and scholarships will be awarded to Garden high school graduates um so for garden being a blue CER Community we have very generous um people from the past and the present that give um their hardworking money uh to fund the future of our students and um it cannot go without being recognized and um I just want to honor all of those who serve this upcoming Memorial Day Weekend uh thank you very much thank you councelor m further Council comments and remarks councelor C Corman uh yes I'd just like to uh extend a thank you to all of the city officials and department heads uh that were able to take a few moments today to help continue the student government program that uh was very near and dear to counselor cor's heart um for so many years uh we are doing our best to keep this program going in his memory and in his honor and I appreciate all of the uh the support that we've had in that thank you thank you Council Craig Cory do more any further Council comments and remarks I will entertain a motion on the floor to adjourn after the closing prayer Mo second second motion made by councelor Sony second by counselor Matt to adjourn after the closing prayer all those in favor say i i v say no motion passes Almighty father over all as we ad we thank you for the opportunity the of this bless all and the people represent we are and do thend to our common our next meeting amen meeting stands adour thank you everyone for