the Wednesday July 31st 2024 special meeting of the gardener city council will come to order the clerk will please call the rooll councel Brooks pres councelor Cormier pres councel heglin present councelor Mack presid councel tyos pres councelor teot munes pres councelor Heath presid Council tone pres Council harder present president kinus present Corum is present coun excuse me I'm sorry councel general allowt not here Corum is present open meeting recording notice 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 reasonable requirements of the chair as to the number placement and operation of equipment used so as not to interfere with the cont of the meeting any person intending to make such recording shall notify the chair forth with all documents and Exhibits used or referenced at the meeting must be submitted in duplicate to the chair as they become part of the meeting minutes pursuant to General Law chapter 38 subsection 20 is anyone here recording tonight's meeting will thank you is anyone here record else is anyone else here recording tonight's meeting okay the topics of tonight's special meeting are the items listed on the agenda in numeric order items 11335 through 11348 item 11335 an open meeting law complaint filed by Paul Deo regarding the July 1st 2024 city council meeting is there a motion councelor Mac I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided by in the provided in the city council packet second motion made by councelor Ma seconded by counselor Heath to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response that was provided in the city council packet is there a discussion on the motion councelor tyros thank you madam president uh I would just like to read this complaint so that we're all on the same page this evening this may take more than 5 minutes uh on the description of the alleged violation on June 30th and July 1st Gardner city council president Elizabeth kinus was notified by email to expect a large crowd at the city council meeting on Monday July 1st 2024 due to the proposed sale of the gamma property at 827 Green Street to Bay State racing LLC K kazinski failed to respond to my email to her the email was copied to the mass attorney general's off open meeting division to make them aware of the concern Miss kazinski upon being notified had the opportunity to move the meeting or sorry opportunity to move the city council meeting to Perry Auditorium which seats several hundred people but she failed to do so only 65 people including city councilors were allowed in the council chambers the rest of those present were quote herded to Perry Auditorium where audio visual was set up to view the council meeting the audio was very poor in per Auditorium and much was not able to be understood by those in attendance I believe this is to be a de deliberate attempt by Miss kazinski to divide the opposition to the racetrack whereas she could have the council meeting in the auditorium to accommodate all those who wish to attend the public meetings and hearings to be scheduled the Mee meetings have been held in perod Auditorium before Miss kazinski has scheduled a public hearing for the RAC tra proposal on July 23rd 2024 where she plans once again to divide the residents between two rooms this is not right uh the next section is what actions do you want the public body to take in response to your complaint for city council president miss kazinski upon being advised there will be a large crowd at the city council meeting to hold the meeting in Perry Auditorium which can accommodate all those who wish to attend in a large room for Miss kazinski to issue a public apology to all those quote herded to Perry Auditorium and we're not allowed to be in the council chamber for a public meeting duly posted um I read this complaint because I don't believe this is the way we should talk and work with each other as a community we're better than this I've also received many positive instances of feedback in how those meetings were held that um the business conducted in this room was able to be clear concise and efficient and the Overflow room uh was adequate and residents were able to watch the meeting live uh this seems like a difference of opinions and a difference of opinions is not a violation of the open meeting law thank you madam president thank you counselor further discussion further discussion on the motion all those in favor say I I opposed to say no motion passes item 11336 an open meeting law complaint filed on behalf of David Hillman by Paul Deo regarding the July 1st 2024 city council meeting councelor Mac I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by councelor Max seconded by councelor Cormier to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there a discussion on the motion councilor tyros Madame President thank you I will not be reading this complaint because this in the next 12 complaints are uh near identical thank you thank you counselor further discussion all those in favor say I I who supposed to say no motion passes item 11337 an open meeting law complaint filed on behalf of laurine Peabody by Paul Deo regarding the July 1st 2024 city council meeting is there a motion Council Mac I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by councelor Max second to by councelor tyros to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there a discussion on the motion all those in favor say I iose say no the motion passes item 11338 an open meeting law complaint filed on behalf of Kimberly Blake by Paul De Mayo regarding the July 1st 2024 city council meeting is there a motion councelor Mac I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by councelor Max seconded by councelor Brooks to authorize the Law Department to respond to the complaint on behalf of the city council with proposed response provided in the city council packet is there discussion on the motion all those in favor say I I oppos say no the motion passes item 11339 an open meeting lot complaint filed on behalf of Deborah Moore Ali by Paul Deo regarding the July 1st 2024 city council meeting councelor Mac I make a motion to authorize Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet motion made by councelor Max seconded by councelor Tone to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there discussion on the motion all those in favor say I I this oppos say no the motion passes item 11340 an open meeting law complaint filed on behalf of Judy Tysinger by Paul Deo regarding the July 1st 2024 city council meeting councelor Mac I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by councelor Max second by councelor Harden to authorize the Law Department to respond to the complaint on behalf of the city council with proposed response provided in the city council packet is there discussion on the motion all those in favor say I I those oppos say no motion passes item 11341 an open meeting law complaint filed on behalf of Stephanie Oro by Paul Deo regarding the July 1st 2024 city council meeting councelor Mack I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by councelor Ma second by councelor tyros to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there discussion on the motion all those in favor say say I I those opposed say no the motion passes item 11342 an open meeting law complaint filed on behalf of ernestina aduda by Paul Deo regarding the July 1st 2024 city council meeting councelor ton M president I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by councelor ton ton seconded by counselor Heath to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there a discussion on the motion all those in favor say I I opposed to say no motion passes item 11343 an open meeting law complaint filed on behalf of Lori meager by Paul De regarding the July 1st 2024 city council meeting councelor ton Madam president I make a motion to authorize the Law Department to respond to the complain on behalf of the city council with the proposed response provided in the city council pack second motion made by councelor Tone seconded by councelor harder to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there a discussion on the motion all those in favor say I I those opposed say no motion passes item 11344 an open meeting law complaint filed on behalf of Darlene hrey by Paul Deo regarding the July 1st 2024 city council meeting councelor ton Madam president I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council package second motion made by councelor Jone seconded by councelor Heath to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there discussion on the motion all those in favor say I I I those opposed say no the motion passes item 11345 an open meeting law complaint filed on behalf of Mary Marsh by Paul De regarding the July 1st 2024 city council meeting councel ton Madam president I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by Council Jon second by councelor Cormier to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there a discussion on the motion all those in favor say I I those opposed say no motion passes item 11346 an open meeting law complaint filed on behalf of Eleanor gar by Paul Deo regarding the July 1st 2024 city council meeting councelor ton Madam president I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by coun Don seconded by counselor tyros to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there discussion on the motion all those in favor say I I those opposed say no the motion passes item 11347 an open meeting law complaint filed on behalf of Kayla hrey by Paul the mail regarding the July 1st 2024 city council meeting councelor ton M president I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council pack second motion by councelor ton seconded by counselor Mack to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there a discussion on the motion all those in favor say I I those oppos say no motion passes item 11348 an open meeting lot complaint filed on behalf of Jan mcferson by Paul Deo regarding the July 1st 20124 city council meeting councelor ton Madam president I make a motion to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet second motion made by Council Jon seconded by counselor tyos to authorize the Law Department to respond to the complaint on behalf of the city council with the proposed response provided in the city council packet is there a discussion on the motion councelor Mack I just want to as this is the last uh item on our agenda I just want to again discuss the purpose of the open meeting law is to ensure transparency and the deliberations on which public policy is based because the Democratic process depends on the public having knowledge about the considerations underlying government action the open meeting Law requires with some exceptions that meetings of public bodies be open to the public it also seeks to balance the Public's interest in witnessing the deliberations of public officials with the government's need to manage its operations efficiently efficiently based on this the open meeting law complaints filed are unfounded did anyone look up the 48 Page open meeting law guide and read it to determine if there was any evidence of a violation before taking someone else's word the person who first complained wasn't happy that he didn't get his way when he emailed demanding the council president relocate the public hearing so in his childish way he resorts to filing a complaint with no merit if you were in the auditorium did you bring up any concerns at the time I recall some of you who filed weren't even seated in the auditorium on July 1st for those of you who decided to believe that this was a valid complaint and allow a photocopy of someone else's complaint to be submitted to the city clerk with your name on it I urge you in the future to think for yourself and do your own research don't get misled by one person's influence in perspective he will take any opportunity to complain against the city in the city council whether it be an open meeting law violation or a public records request these laws were not put in place to be misused by a person with a personal grievance but for valid reasons of accountability he constantly copies the news media in the Attorney General's office in an attempt to get his way as a person who is not even a register voter in the city he makes it his mission to spread cons conspiracy theories and false informations to others his shameful actions false statements and lies know no balance these insults and accusation HS are Beyond egregious and disgraceful this is so unprofessional excuse me you cannot you cannot disrupt the Mee civil discourse is natural in politics I value the opinion and insight of those who TR truly care for this city and the people who can make their point without it being full of bias I implore everyone please ask yourself what is the truth behind non-stop defamatory statements and one-sided rhetoric on social media don't continue to be swayed by one person whose vindictiveness is nothing but slanderous defamation harassment and slander please continue to care and be involved in your city but be your own Advocate be your own person thank you madam president thank you councelor is there any further discussion councelor Heath I just want to uh thank you madam president I just want to say second thank you madam president thank you Council Heath further discussion any further discussion all those in favor say I I I those opposed say no the motion passes I'll entertain the motion to adjourn second motion made by councelor Tyro seconded by counselor Brooks to adjourn all those in favor say I I post say no no the meeting stands adjourned thank you everyone