City Council - Regular Meeting

I now call to order the Monday, September 15th meeting of the Gardener City Council. The clerk may now please call the role. Council Brooks, present. Councelor Craig Ramir, Clarent. Council Lawitz. Council Hardurn, present. Council Heath, present. Council Hegland, present. Council Kazinskus, present. Council Matt, present. Council Tony, present. Council Tibo Munoz, present. and President Tyrus present. Those who wish may now rise for the pledge of allegiance and opening prayer.

Almighty God, we thank thee for bringing us together this evening. Inspire us to worthy deeds and sound decisions and direct us toward the attainment of good city government. We pray thee to bless and protect all the people of our city and do so guide and inspire us that we may liberate unity and harmony. Amen. I aliance to the flag 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.

Announcement of open meeting recordings. Any person may make a video or 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 so used as to not interfere with the conduct of the meeting. Any person intending to make such recordings should notify the chair forth with all documents and exhibits used or referenced at the meeting must be submitted in duplicate to the city clerk as it become part of the meeting minutes. Is anyone recording tonight's meeting? No response. Reading of minutes of prior meetings. We have no minutes of prior meetings to approve. Public hearings. We have no public hearings. Communications from the mayor. Item 11694. A communication from the mayor regarding the formation of an ad hoc committee. Council Kazinskus.

Thank you, President Tyros. I'd like to make a motion to place the communication on file. Second. Motion made by councelor Kazinska. Second by councelor Mack to place the communication on file. At this time before we start discussion, I'd like to call on Mayor Nixon to uh give an explanation of the communication.

Thank you, Mr. President. Thank you, councelors. Uh following last meeting, uh the city solicitor did send out a communication to the members of the council as well as to our various department heads regarding the procedural thresholds uh for votes regarding ordinance uh ordinance votes based on the city charter and the various state general laws uh that relate to those types of uh voting thresholds for the passing an ordinance. There are instances uh where some items before the council relate to uh simple majority of those who are present in voting. Uh but the city charter states for the case of ordinances it's a majority of the council and where it does not specify of those present. the city solicitor uh has issued an opinion that says that that is uh regarding uh those the simple majority of the full council meaning at minimum six votes uh in order to pass or in this case send to first printing and in reviewing the situation and in conversations after with President Tyros various other stakeholders in city hall the city solicitor's office um and some of our various you know employees one of the things that came across is that there is a general theme with everyone that there's a simple fix that just needs to be made and we're the the thing that we need to figure out right now is how to get to that fix and knowing that something does need to be done and we need to look at compensating our employees. We need to look at the structure in which that system is run and work together because we all have the same goal in the end and that's that was said by everyone who was in this room myself included all the members who spoke at the various meetings. Uh so in hearing the news from the city solicitor's office and in having those conversations uh you know one of the things that I suggested uh and came up in conversation with the council president and I is to form this ad hoc committee made up of two city councilors and two members of the administration to sit down and see what you know we have two plans before us but we know neither of them have the votes and even if they had the votes to send to first printing with sixth uh chapter 44 of the general laws requires that all compensation

votes have a final supermajority of the full council meaning a minimum eight votes in order to send to enactment which in our uh case how our charter is written would be second and final printing. Uh and we knew that neither of the proposals had eight votes to send to second printing even if it had the six votes to send to first printing and where we all have the same goal in the end. Uh you know the conversation that it was prudent to sit down and just see if we can come up with some type of proposal that either meets in the middle or has the financial responsibility of the city uh in the underlying value. but also the uh goal of having employee retention and recruitment uh down in a more solidified manner where they meet in a more balanced way that when we uh propose it, it's a more comprehensive plan with a more uh overall view and less of a you know this plan versus this plan where it's just the plan that's the best for the city in the end uh that we're looking to go for there too. Uh so in speaking with the council president uh he notified me that uh he'd like to see councelor Kazinskus and councelor Hegeland as the council's representatives on that ad hoc committee. I myself will be sitting as one of the members of the administration in order to make sure that uh this really is a um unified front uh all around as well as director Morse from the city's human resources department who had all who would have all of the data in terms of everyone's years of service in terms of uh reaching out through the Mass Municipal Human Resources Association uh listerve to see what other communities are doing and how their structure runs and uh various different ways that we could see what other communities have done and how we can morph that into what fits gardener the best. Uh so I do want to thank president Tyrros and uh councelor Heglin, councelor Kazinskus uh for uh agreeing to move forward with this and then uh see if we can come up with the best possible way uh to come up with the best possible solution for our uh employees moving forward for the betterment of the city as a whole. Um I like I said I think the the clearest theme that came across with everyone is

everyone knows that something has to be done. Everyone wants something to be done. It's just trying to find the what needs to be done in the end and the path to get to that final resolution where we get that result and I'm looking forward to seeing how we can be able to do that through this process. Thank you. Thank you, Mayor Nicholson. Is there any discussion pertinent to motion to place this communication on file? Hearing none. All in favor? I I. All those opposed? No.

Motion passes. Petitions, applications, communications. There are none. Reports of standing committees service committee item 11693 September public service committee update council tone.

Thank you President Tyrros. Um the service committee met on September 9th and I'm just going to give you high level um overview of of what the meeting entailed. Um the city received chapter 90 funding late this year. Typically this um the funding arrives in April but it came in early August leaving about 2 and a half months for construction instead of the full summer. So funding but however funding increased from 600,000 to 1.1 million. The city is working with Mass Broken Stone to complete paving weather permitting. So current work uh we have the green street rotary to ber bertha beach in haywood street woodman sidewalks and ramps upcoming we have crystal lake drive abbott a h abbott street I'm sorry cross street milling only with new handicap ramps uh lake view cadam Idaho highland glazier reservoir hill and silven roads also um a $450,000 state grant was awarded for Pearl Street, Betty Spring Road uh to the Rotary. Elizabeth Street will also be paved uh following the new water main installation. Timing conflicts with school traffic. This was brought up during the meeting. U so adjustments uh as later start times or over the weekend will be considered so it doesn't interfere with traffic. Um recent improvements including um sand replacing sand with with 17,000 um dollars worth of rubber mulch at Palaski Playground uh with a $500 donation from UNTO. Repairing the dog park drainage, replacing mulch, and repaving uh the walking areas. Plans are underway to move usable equipment from Water Waterford Street School to Bigford Playground along with the new rubber mulch at the transfer station. Drainage

issues are being addressed with the board of health. The Crystal Lake uh water treatment facility roof replacement 100 uh is for $130,000 will begin soon. And the salt shed installation bid came on in under 100,000 long awaited with the salt shed. Uh so the bid came in under $100,000 and we have three months uh uh for completion on that. Uh the James Street uh pump station will be rebuilt using a nearly $1 million grant with bidding to begin shortly. The city is also exploring funding uh for new TPW equipment. We have several pieces of equipment that are very old and uh we are um looking for funding to replace a lot of that equipment. concern um concerns were raised about conditions. So during throughout the summer we had some trees removed in side streets and the the remnants of the trees they they were supposed to be um you know the the the base of the tree was supposed to be ground down and then it was supposed to be covered by mulch and seated. Um several of those uh trees that were removed we still have issues with that. So, we're going to go go back and and get that seating done uh when the time allotss. Um the updated flood plan ordinance has led to some residents concerns due to the new FEMA maps. Staffs are assisting residents with documentation to avoid unnecessary flood insurance grants. Safe routes to school. Elm Street reconstruction begins this fall. Underground work, then sidewalks and roads in the spring. Safe streets for all. um $280,000 with $57,000 um state covered match. We'll develop a vision zero uh plan, hold public meetings and test um demonstration products um projects. I apologize. Uh permitting continue uh permitting continues as usual with additional

support for first-time applicants. Preparations are underway for the MVP uh grant public meeting on the Keys Road culvert. This came from conservation unscheduled for October 2. Uh keys work scheduled for October 22nd. Work is also being done to modernize site inspections and forms uh for improved communication. That's it. Thank you. Did I hear motion to place that on file? Second. Motion by councelor Tony, second by councelor Cormier to place the update on file. Is there discussion? All those in favor? I. All those opposed? No.

Motion passes. Welfare committee. Item 11688. An ordinance to amend chapter 675 of the code of the city of gardener thereof entitled zoning to allow for the operation and use of cottage kitchens in residential districts within the city of gardener. Councelor Mack, I'd like to make a motion to refer this to both the public welfare subcommittee and the planning board and to schedule a joint public hearing of the two board of the city council and the planning board. Second. Motion made by councelor Mack, second by councelor Heath to refer the item to the planning board and welfare subcommittees and schedule a joint public hearing. Is there discussion hearing? None. All those in favor? I I.

All those opposed, no. Motion passes. Finance Committee. Item 11684, a measure declaring a portion of the land located at 25 Main Street identified as parcel B on the attached plot plan as surplus for the purpose of leasing for commercial use for a minimum value of $10 per year. Councelor Hegum.

Thank you, Mr. President. The finance committee met on this item last week. Uh, essentially what this would do is to allow the mayor to just begin the process. Uh, and what that process would be is looking at the commonly referred to bullnose building downtown where we currently have some planters, uh, the fountain and some seating downtown. Looking to put that particular piece up. So, the tables would eventually be removed depending on how this could go and the fountain would be removed depending on how this goes. The planter itself would stay. So, just that small portion where seating is aotted right now. um putting that up to bid for um any really business or entity, private or or otherwise downtown, um to look at taking an ownership. You know, pros of something like this were discussed at the meeting, it might allow for say a business down there to have designated seating to better utilize a liquor license. Um the mayor set at the moment, based on on our current language here, the minimum value of $10 per year for the lease. It was discussed though that there would probably be a likely assessed $990 tax increase to the property value on that space as well. Um, so looking at maybe $1,000 a year at the minimum end of this situation. And again, that's just looking to lease that seating area outside the Bullnose building. It was mentioned that like other leases, it could be up to a 20-year lease. Um, which I I will say the finance committee I think felt that that might be long or too high. Um, but knowing that this again is just to allow the mayor to put this out to bid and that eventually a lease would come before the council that we could look at and discuss as well. Um, so with that um you know the the finance committee was in favor of this item uh and I move the measure be adopted.

Thank you. Second. Motion made by councelor Heglin, second by councelor Heath to adopt the measure. Is there discussion? Councelor Mac. Um I I just even though I was on the finance committee, I do still have some concerns about this as councelor Heglin uh mentioned in our meeting that you know currently in any other um food outlets people just couldn't be wouldn't be able to sit there. Um that there is already seating there. There was already a decision um to discuss to take the the fountain out anyways. Um, but I just I just always have concern about giving up a parcel of land and I believe the minimum length of this lease would have to be 10 years. So, I'm just very um hesitant to do this. Thank you.

Thank you, Council Mack, for the discussion. As a reminder, as this item deals with uh declaring land as surplus, it requires a twothirds vote and we'll be calling a roll call vote. The clerk will now please call. Councilor Brooks. Yes. Councelor Craig Cormier. Yes. Councelor Hardurn, yes. Council Heath, yes. Council Hegel, yes. Council Kazinskus, yes. Council Mack, no. Council Tiso, yes. Council TB Munoz, yes. And President Tigris, yes.

Nine yays, one nay. The motion passes. Item 11689, an order appropriating an additional sum of money from available enterprise funds, various receipts reserved to various accounts for the fiscal year beginning July 1st, 2025 to June 30th, 2026. Councelor Mack.

Um, thank you, uh, Council President. I'm just going to do the description for this and the following item together, even though they can, uh, have individual roll call votes. um funds from the various enterprises account in the amount of for the enterprise account $154,9516 um which is I item uh 11689 and from the general account which is item 11690 $25,58923 to the mayor unclassified reserve account. These orders are to appropriate money from uh these accounts to have available for salary increases once determined and improve and approved. There would be a vote needed from the council to transfer these funds into the future salary accounts. This is being done prior to October 1st in order to meet the requirements for the tax recalculation and tax rate setting procedure to occur. Um so that being said, the finance committee was in favor and I move to adopt um the orders. Second.

Motion made by councelor Mac, second by councelor Heg to adopt the order. Uh, is there discussion? This requires a simple majority and we will have a roll call vote. Clerk. Councelor Brooks. Yes. Councelor Craig. Yes. Councelor Harder. Yes. Councilor Heath. Yes. Council Heg. Yes. Council Kazinsquecus. Yes. Council Matt. Yes. Councilor Tonei. Yes. Council Tuning. Yes. And President Tyrus.

Yes. 10. The motion passes. Item 11690. An order to raise and appropriate an additional sum an additional sum of money for various expense expenditure budget for the fiscal year beginning July 1st, 2025 to June 30th, 2026. Councelor Mac, I make a motion to move the order. Second. Motion made by councelor Mac, second by councelor Heglin to move the order. Is there discussion? This also requires a simple majority and we will have a roll call vote according to begin. Council Brooks, yes. Councelor Craig Cormier, yes. Councelor Harder, yes. Councilor Heath, yes. Councilor Hagglin, yes. Councilor Kazinskus, yes. Councelor Mack,

yes. Councilor Tony, yes. Council Tirez, yes. And President Tyrus, yes.

Tany, the motion passes. We have no unfinished business or matters for reconsideration. We have no new business. Councelor comments and remarks. Are there any councelor comments or remarks this evening? Councelor Tani. Just a reminder, uh, tomorrow, uh, we have a preliminary election and, uh, asking everybody to get out there and, uh, take your time to, to vote for the, uh, mayoral candidate of your choice. I have mine. He's in the room. Um, but, uh, you make your decision. So, that's all I have.

Any further counselor comments or remarks? With that, I change a motion to adjurnn after the closing prayer. Second. Motion made by councelor Heath, second by councelor Heglin to adjurnn. All those in favor, I I. All those opposed, no.

Almighty overall, as we thank you for the opportunity to join liberation and action forces. Bless all who are gathered here. and the people are as we are and do thou attend to our common welfare until our next meeting. Amen. Stand a journ.