It being 7:30, I will call the Monday, May 18, 2026 meeting to order. First order of business, I will call your name and please respond. Present. >> Council Brooks, >> present. >> Councelor Craig Cormier. >> Councelor Delawitz, >> present. >> Councelor Hardurn,
>> Council Heath, >> present. >> Council Hegland, >> present. Council Kazinskus >> present. >> Conac >> present. >> Const >> present. >> Council Tibo Munos and President Tyrros. >> In the absence of council president Tyrros the order of business the
elections of council prom for this evening May 18th 2026. At this time nomination now open open for office for the council president prom. I open the floors for nomination. Council Elizabeth. >> I nominate councelor Alexander Dernalowitz. Second >> motion made by councelor Kazensus,
seconded by councelor Tony. >> Are there any other nominations? >> Make a motion to close nominations. >> Second. Motion made by councelor Tony. Seconded by councel Elizabeth to close in nominations. All in favor indicate saying I. >> I. Those opposed saying nay.
>> Nominations are now closed. I will call the role of members. Please state the name of the council you of your choice. Councelor Brooks >> Councelor Durawitz. >> Council Heath. >> Councelor Dalowitz. >> Council Heglan.
>> Councelor Dowitz. >> Council Kazinskus. >> Councelor Dalowitz. >> Councelor Mack. >> Councelor Dur allowitz. >> And council tone. >> Councelor D allowance. >> Okay. I have six votes for council D
allowance. D La is now elected the council promp for this evening. >> Thank you everyone. Next item on our agenda is the uh opening prayer and pledge of allegiance. Those who wish may rise for the opening
prayer pledge of allegiance. >> Almighty God, we thank thee for bringing us together this evening. Inspire us to worthy deeds and sound decisions and direct us towards the attainment of good city government. We pray thee to bless and protect all the people of our city and toy and inspire us that we may
deliberate in unity and harmony. Amen. >> I pledge allegiance 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 operational equipment used so as not to interfere with the conduct of the meeting. Any
person intending to make such a recording shall notify the chair for with all documents in uh exhibits used or referenced at the meeting must be submitted in duplicate to the city clerk as they become part of the meeting minutes pursuant to MGL chapter 38 subsection 20. Is anyone here recording
other than staff? noted that there is none reading uh subsection uh six reading of minutes of prior meetings. We have before us the March 16th, 2026 regular meeting, the April 6, 2026 joint public hearing with Penny Board and the April
6, 2026 regular meeting. Council Mack. >> Um I move that we wave the meetings of the minutes and accept them as presented. Second. >> Motion made by councelor Mack, seconded by councelor Heath to wave the readings of the minutes and accept them as presented. Is there any further discussion?
>> Hearing none. All those in favor say I. >> I. >> All those opposed. Motion carries. Sorry. Bear with me. Um there are no public hearings um under public hearings, communications the mayor. There are no communications from the mayor. Uh petitions, applications,
communications, etc. There are no petitions. On to reports of standing committees. We have finance committee. Uh first item is item 11827. An order to reappropriate unexpected bond proceeds to other capital projects. Um, report from the
finance committee. Uh, councelor Heglin. >> Thank you, Mr. President. Move the order be adopted. >> Second. >> Motion made by councelor Heglund, second by councelor Mack uh to adopt the order. Is there any further discussion? Council Heglund. >> Thank you again, Mr. President. Through to the council. Uh, the finance
committee met on this item last week and was unanimously in favor of recommending its passage by the full council. The item pertains to the expending of just over $1 million of the remaining unexpended bond proceeds. As a reminder, these are the special funds that we have
in part from state funding, so we're heavily restricted on their use. The new package includes additional money for the middle school roof. That bid was over by roughly $664,000. The city hall entrance upgrades, as many of us know about and saw tonight, I'm
sure. The bays under the steps need to be filled to prevent water collecting in the gaps that have been there for, I guess, many, many years. The concrete ramps and entryway sidewalk at the Waterford Community Center. The city had applied for a couple of grants hopefully to cover this, but unfortunately due to
the size and scale of the project, was unsuccessful in earning them and for the relocation of GEV from Gardener High School to the community center uh in order to create space for Gardener Academy, which is being moved back to Gardener High School. As this item had once before appeared before the
committee with the original package, uh because the full list of approved options had previously been shared with the council and because of the need to move quickly, the finance committee felt this was worthy exception to our two meeting rule. Uh every item has been in discussion for some time and I look forward to supporting this tonight.
Thank you. >> Thank you, Council Hegel. Uh excuse me for a moment here. Just a point of order on my own part. Um the finance committee of this item did move to um wave the rules as councelor hecklin mentioned. Is there any objection to waving the two meeting rule? I hear none. Thank you. Is
there any further discussion on the item? >> Hearing none. This will be a roll call vote. Council clerk can please call the role. >> Councelor Brooks. >> Yes. >> Council Heath. >> Yes. >> Council Heglan. >> Yes. >> Council Kazinskus. >> Yes.
>> Councelor Mack. >> Yes. >> Council Tone. >> Yes. and council general. >> Yes. >> Motion go seven. >> Seven yays. The motion carries. On to item 11815, an ordinance to amend the code of the city of Gardner section
8 of chapter 625 there of entitled entitled water rates. Um as such with any ordinance in front of the city, this requires two votes. A first printing and then at least 10 days later 10 days at least has to elapse. Um and then a second vote needs to take place um in
order for an ordinance to be adopted. Uh this is front of the finance committee. Is there a report from the finance committee? Uh council Hegel. >> Thank you, Mr. President. Uh leading to a motion, I just want to be sure to clarify too that this is uh what's before us tonight an amended recommendation from the finance committee's previous meeting. So with
that, I move the ordinance be sent to first printing. >> Second. Motion made by councel Heglin, second by councelor Keith to send the item to first printing. Is there further discussion? Councelor Hegel. >> Thank you, Mr. President, through to the
council. I want to start by briefly clearing up some confusion that I think there is. Uh, also, if you uh a member of the public emailed me today, I do want to take a note just to apologize for not getting back to you yet. I pretty much went from work to here, but I will be replying to those calls and emails. So, the mayor submitted a
proposal that would have roughly doubled the water rate. The finance committee rejected that proposal by offering a counter proposal, which calls for a 15% increase in the rate. That's what's before us tonight for a vote, not the mayor's proposal. To add to that, anyone
tempted to put forward that proposal, keep in mind that the same forces putting financial pressure on this fund in the city are also impacting, of course, our constituents. So whether we're talking about the rateayers or the taxpayers, I think it's important to remember that those are two pockets but part of the same pair of
pants. So with that um thank you again Mr. President. At our first meeting of the finance committee, it was noted that the enterprise account is lower than anticipated. Expenses for salaries, uh general expenses and upcoming projects have all increased and as a result the
fund will be depleted or broke uh sometime in FY27. Director Arnold and the mayor provided information about the significant projects and their associated costs that are going to require attention over the next five years. Uh they also provided the mayor and his administration's recommended
water rate increases to cover these costs. So our current rate is $6.50 per 100 cubic feet. The proposal that was submitted by the mayor called for an increase of 20% starting July 1st uh then an additional 40% over the next 3
years. The finance committee was told the first increase would add about $5 per month to rateayers bills. As the mayor noted and was discussed at each meeting, the practicing gardener for many years has been to increase the sewer rates for 5 years and then the water rate for 5 years. This staggered
system is problematic. It puts us in a situation we are now in where we have to raise the rates substantially to avoid the fund running out of money because the last time the rates were adjusted was in 2021 for fiscal year 22 which means that for the last four years the
rate has not kept up with contractual changes salaries inflation rising costs and has not been building up incrementally to prepare for upcoming major projects. This is reminiscent reminiscent for me and we talked about this of the healthcare situation we find ourselves
in. The previous administration instituted 0% increases to the health insurance rates for many years despite expert recommendations against that. Our current mayor did that once or twice as well. So suddenly in a subsequent year very significant increases were needed to prevent that fund from becoming and
keep that fund solvent. So water and sewer has been treated similarly. Most of the time the rate increases have been four or 5% give or take the occasional 9 10% rate here and there. But with that staggered non-over overlapping system and without I think proper foresight and
preparation for the future, we're now being recommended to triple or quadruple in some individual years the typical rate increase. So that's really where my concern lies. I do believe director Arnold uh when he tells us that these are the numbers and this is what's needed and that's the cost. I recognize
Mayor Nicholson has maintained a long-standing practice regarding water and sewer rates that predates his time in office, but the system's not great. It puts us in a situation at the end of the cycle where we hope we don't run out of money before it's time to raise rates again. It also decouples the fee
structure from the budget process, which I do not think is a good practice because it removes evaluation of revenue from spending decisions. Further evidence of this was reported to me at the last finance committee meeting after the fact. Um, I had a conversation and when it was brought to my attention
at this time that the lack of a city policy regarding how and when water rates and sewer rates are addressed was flagged in one of our most recent city audits. So that brings us to tonight. The finance committee has recommended that the water rates be set only for fiscal year 27 at a rate of $748
which is about a 15% increase. that is 5% less than the mayor and the DPW director's recommendation and it makes no change to subsequent years. It keeps us to this one-year plan. It should help to replenish the enterprise account and 15% is still significant. It's still
high. Um but it should help catch us up for the years we've missed without any additional increase. that way uh and the finance committee felt strongly about this that the mayor and director Arnold can reassess the situation, create a policy that ensures better predictability and stability going
forward. So again, and as the council president uh mentioned, we need one more meeting on this. This would just be to send it to first printing. This is only step one and that a second vote would happen at our next full meeting. I hope you'll join me in re in supporting this recommended version tonight. Thank you.
>> Thank you, Council Hegel. Council me, >> thank you. Councelor Donowitz. Um, I also want to thank the residents for their emails and calls expressing their concerns. Ple, please understand that at no time do any of us want to implement increases that impact our residents. Like you, the members of the council, are affected by
the same financial impact this will make on all city property owners. Not increasing the water rates isn't an option as we must continue to make necessary repairs and improvements to ensure the water system remains reliable and our infrastructure is properly maintained. These investments are
essential to keep the water flowing safely and efficiently for everyone in the community. As councelor Hegeland stated, I want to emphasize that the finance committee did vote unanimously to only vote this increase for FY27 at a reduced rate. I personally don't think
we should vote on a learn long-term annual uh increase until we get more projection on expected projects by dates and expenses such as including salaries funded by this enterprise account. And finally, I just want to mention that I think this item should have been brought
before the council months ago due to the 30-day posting needed for this item in the July 1 deadline to put such a a rate change in effect. Advanced submission um of such important uh monetary um issues
need to come before the council much sooner. Thank you. >> Thank you, councelor Mack. Any further discussion? Councelor Kazinskus. >> Thank you. uh President Prom during allowance. I uh want to thank uh Councelor Heglin and councelor Mack for
their remarks because I do um have remarks prepared that um I think actually mirror some of what they're saying. So I'm going to try not to repeat too much of it. Um but I also want to start off by thanking the finance committee uh for the work that they did on this and the discussion that
was had during the finance committee meeting on May 12th. Um, I want to start off by saying that I was relieved when I watched the finance committee meeting because when I saw the original proposal of 20%, I was taken back pretty far at the size of that increase being
proposed. Um, I don't doubt at all that the funding is needed because that account can run out and we can't have it run out. Um, but we also need to take into account the impact that steep of a rate increase will have on our constituents, which I think we've discussed here this evening. We are
being asked to vote on what might be the biggest rate increase with barely a whole month before the new rate would go into effect. And so that timeline doesn't really sit well with me and I think it's been uh stated tonight that it doesn't sit well with other members of the council either. Um, I would suggest that as we've recently seen the
issues with health insurance, as council Hegeland had mentioned, um, those increases, uh, our recent meeting with this with the school department on school budgeting, um, the proposed changes months ago to the winter parking ban kind of at the last minute, um, that
would have taken effect, but we, um, decided to hold off on that so that we would have more notification time for residents should we decide to go forward with something. and now these water rate changes. Um, there needs to be a clear and consistent process for planning and notifying the council. Um, I appreciate
the work that the water department does and that the mayor does working with the water department. Um, I think we just have to get more of um a clear path on the communication from the administration and the appropriate department and water department in this
case. Um, because it should occur well in advance as councelor Mack has stated. Um it is important for the public to be aware that there there is a process assoc associated with water rate changes where they they do meet and they go over this and then it comes to the city council after. So it begins with the
proposal from the administration and the water department which is then submitted to the council for consideration as the finance committee did and you can consider it, we can amend it or we can approve it and appreciate the finance committee steps to proposing a reasonable amendment. In my opinion, um
the city council wouldn't be in the position of effectively having to impose these changes now um when we could have been informed earlier um on these matters sooner. And that level of communication to me is something that's
essential um to our efforts towards transparency and maintaining public confidence in the work that we all do consistently and we do really well. Um, so this is another example of where we need to take a step back and look at this more broadly and I'm glad that it was acknowledged here this evening. Um,
so I do support this measure as it was amended by the uh by the finance committee and I look forward to continuing the discussion on how we can improve these processes in a better way that serves our community. Um, and you know, I did also just want to um mention
that going from the 20% increase to the 15% increase, and I know that this went through during the finance committee meeting, but I think it's worth mentioning again this evening that had we been making consistent changes year after year. That's about three and a half% each year, which is a reasonable
increase per year. and going from the 20 I'm sorry, going to a 15% increase this year would put us on that exact rate. Had we been doing that year after year after 2022, um it wouldn't be such a shock to the community, which is completely justified had we been doing
that. I think we found, especially with health insurance, that it's not effective to go 0% year after year after year after year, and then all of a sudden have a huge increase, which is which is sticker shock to people. And that's kind of what has happened in this case. um you know in a different way but
it's pretty much the same type of concept. So it's it's one thing where I think if we communicate effectively also to the residents where when we um increase year after year at a at a rate that's more reasonable then we don't end up in this position now where we are
with a much larger increase um and we have to justify where this is where we would have been anyway had we been making a consistent increase year after year. And I also appreciate this being amended to happen for on a one-year basis so that we um are all accountable for looking at it again um earlier next
year. Thank you. >> Excuse me. Thank you, councelor. Further discussion on the item council tone. >> Thank you, Council President. Uh I just want to add to and agree with uh my fellow counselors. We we need to
take a more of proactive approach to be able to educate the people that are the people in the city as to what it is we're doing with the water rates. And we shouldn't be throwing a a rate increase at them in July, a month out, just like
everybody. I'm just trying to simplify what what everybody's just saying. We need to put educ we need to be able to educate them on where the money is going and what we're doing with it in the city. There's obviously a need. We need to keep our water safe. We need to keep the infrastructure whole. And we need to
continue to put a plan, a long-term plan in place, similar to what councelor Kazinskus was just talking about where it's a gradual increase over time so people can absorb it a little bit better and they have an understanding as to the why. So, I thank you for your time and I
will support uh this measure tonight. >> Thank you, councelor. Further discussion, councelor Brooks. >> Thank you, Mr. President. Um, I'll start by saying what she said and what he said. Um, what what I do plan to support this. I guess I'm a little
disappointed that we're not we don't have a plan out there that we're we're doing it short term and then looking at it. At the same time, I feel good about the fact that we are taking the time to look at it. If we're not comfortable with what's being presented, I think that's that's perfectly fine.
I have received a bunch of emails in the last 24 48 hours from constituents concerned about a water rate increase. At this point, what I want to just point out is that the water rates go to the water enterprise fund, which is a separate fund from the
general fund. And we could choose to not put the rates up and allow the fund to go into deficit. But if it goes into deficit, then the general fund, the taxpayers are going to have to pay for it. And that means we would have we we have to fund the water. So that would
mean we'd have to make cuts in the general fund budget which would be police, fire, uh public works, health department, building department, other things like that in order to balance a budget. Um so that's what the reason why I think
these water rates have to have to continue to be strong enough to support a healthy enterprise fund. I I guess I'm glad we're taking time to review uh to get the best policy we can for water rates. If we do it on
an annual increase where every year we're being asked to increase the rates, we're going to have to be willing to vote every year to increase the rates. Okay? You can't say, well, you know, it's an election year. I'm going to not do it. Just saying. And but every year
could also be a fiveyear plan and then at the end of the five years we immediately go you know at year four we're looking at what are we doing years six to 10 and I think that's that's the way around it because I think what we're trying to do is get the best policy for the enterprise fund and the best pol policy for the community.
>> Thank you. >> Thank you councelor. Further discussion council he >> thank you uh prom uh dowitz. Um, so over the weekend, of course, like every other counselor here, I got a lot of emails. Today, I got a lot of phone
calls. Um, due to the emails, I didn't get to really go ahead and do the research and everything else. I I looked through the packet, things of such. Um, and when I was reading for the water rates, I couldn't understand exactly what was
going on. Um, so I went ahead and I watched the finance committee meeting and I was thankful that the amended copy was on there. However, it's not in the paperwork. Um, it's not in the packet. I'm sorry. So, I was thrown off by it. So, my ask is, you know, that amended
copy gets put into the packet so that we can go ahead and go see it because I didn't get to see it in there. So, the amended copy that you put in, did you It's in there. >> Hang on. >> It is in there, but you're not wrong. It was buried in a weird order and I think
it it would have been better reordered in a more appropriate way. I think just the way the packet got put together, it got buried, but you will see a page in there with 748 written on it amended by I think there's even a footnote or a header at the top that that it out. So, it is in there, but it it wasn't easy to find. You're not wrong. There is a
single page um in the packet um that to council's point and it does have the amendment language on top and then handwritten uh the 748 over the 747 that was originally proposed uh by council I >> awesome. Well, I mean, you know, regardless, I got to go ahead and go
watch the finance committee meeting because I didn't get to go ahead and go see that part right there. So, um with that being said, um you know, initially I was kind of thrown off by it and um you know, times are hard. you know, just like I'm not going to go ahead and echo what everyone else said. So, um I just
want to go ahead and say thank you to the whole finance committee for going ahead and amending this, looking at it, and coming to it appropriately with the uh 15% rather than what was proposed initially. Thank you. >> Thank you, councelor. Is it further discussion? Uh hearing none. Uh the item in front of
us uh is to send the ordinance as amended by the finance committee uh with the one-year rate increase to 748 uh to uh send the item to first printing. Um this is going to be a voice vote on the all those in favor say I.
>> I. >> All those opposed. Motion carries. Uh item 11822 prior year unpaid bill ACA filing and compliance report from the finance committee. Council Mack. >> Um if there's no objection, the finance
committee uh would uh ask for more time. >> Hearing no objection. Is there any objection? Uh the finance committee would will get more time. It will remain on the agenda. Uh on to um the economic and community development committee. Item 11454,
a report on the investigation of the Mackie Park project. Council Kazinskus. >> Thank you, President Proam Durawitz. Uh leading up to a motion, Mackie Park is officially closed out. The architectural access board notified the city last Wednesday, May 13th. Uh Mayor Nicholson
and director Stevens actually received the resolution notification email from the board during the economic and community development standing committee meeting that morning. Uh so to be clear, all issues have been resolved and Mackie Park is officially in compliance, complete, approved, and closed out
according to the architectural access board. Um I would like to acknowledge the work of then counselor Tyros, now President Tyrros on the investigation of Mackie Park by the city council and producing the Mackie Park report. his work was incredibly helpful in moving
the city toward the resolution of this matter and the council's oversight of resolving it as efficiently and cost-effectively as possible for the city. I also want to acknowledge Director Stevens and the massive amount of work that he did to make Mackie Park right and get it open for a full season this year and all the years to come.
um not only did he lead the project, but he and his staff kept all cylinders running in his department and they um have immensely improved the quality of their work in that department. Um and uh for the public watching this evening,
information regarding this item is on pages 82 through 175 of tonight's city council packet. Um, but it does begin with the letter from the mayor along with the notification and email uh from the architectural access board indicating the close out of the project.
Um, you know, I think this is a great uh example of what we can do when there is something that should have been done a different way and wasn't and um the council stepping in on their oversight, communicating with the mayor, communicating with the appropriate department to oversee um the fixing of
the of the issue and for us to learn um that it is it's very important to acknowledge when um any type of thing happens in the city that affects all of the people of the city, which this did and that we are capable of acknowledging
it and doing the work to um correct it as efficiently and effectively as we can in terms of costs and access to our residents. Um so um with that I make a motion to place this item on file.
>> Motion made by councelor Kazinsitz, seconded by councelor Mack to place uh the report on file. Is there any discussion hearing? Hearing none. All those in favor say I. >> I. All those opposed? Motion carries.
>> There is no uh unfinished business under unfinished business and matters for reconsideration. Uh under new business, we have special search committee for the city clerk. Um item 11823, review and approval of city clerk job description. Council Kazinskus.
>> Thank you, President. Prom Dalowitz. Um the city clerk search committee met and reviewed and edited the job descriptions over the past week or so. Um that includes councelor Mack, president Tyrros, myself, um HR uh director Amanda
Morris, and uh we have put forth the description same for the next item as well that was in our packet this evening. And I would like to make a motion to approve the job description. >> Second. Motion made by councelor Kazinsquez, second by councelor Mack to
approve the city clerk job description. Is there discussion on the item? Hearing none. All those in favor say I. >> I. Those opposed. >> Motion carries. Item 11824 review and approval of assistant city clerk job description. Councelor Kazinskus.
>> Thank you, President Pam. During allowance, uh, similar to my previous explanation of the previous item, the city clerk search committee has met, reviewed, and edited the descriptions. Um, the description in our packet this evening is the uh result of that and I
would like to make a motion to approve the assistant city clerk job description. >> Second. >> Motion made by councelor Kazinska, seconded by councelor Mack to approve the assistant city clerk job description. Is there discussion on this item? Hearing none. All those in favor say I. I. All those opposed? Motion carries.
>> Uh, councelor comments and remarks. Are there any councelor comments or remarks? Council. Thank you, Mr. President. Uh, Councelor Hardurn asked me to read the following statement for her. These are her words. I want to apologize and explain my recent absences. About a
month ago, a back problem I have became much worse and prevents me from sitting or standing for any length of time. As a result, I have missed several meetings. I am getting medical attention and expect to be my old self in a few months. In the meantime, I have requested for President Tyros to
temporarily assign a replacement to my spots on subcommittees until September 1st. I have and will continue to keep up with council business by watching the meetings and posted recordings of subcommittees. And I will call on the meetings as much as I am able. Thank you for your patience and understanding.
Also, a sincere thank you to my constituents who have reached out to wish me well. Um, I'll just add that I want to wish Councelor Hardurn uh well as also she's been on the council for a long, long time. She's our dean of the council, our longest serving counselor, and I hope she gets better soon. Thank you.
>> Thank you, counselor. Council Gazensus. >> I wish councelor hard earned well. I also just want to acknowledge that um that request is something that's actually part of our council rules um if there is any issues. So, she I'm I'm want her to be here and I want her to be well, but I also am glad that she um
took the time to do the appropriate process and to take the time for herself that she needs. Thank you. >> Thank you, counselor. Council me, >> I also want to wish counselor um hard earned well. I mean, I know in her over 16 years on the council, she's hardly ever missed a meeting. So, I know this is very difficult for her. Um, and
finally, I just want to um ask that on May 29th, we're going to be planting the flower pots around the city. There are 65 pots and seven large planters. Um, if anybody's interested, please contact the economic development department because we still need some SP uh volunteers to help. And as of right now, there are
only four flower pots left to be sponsored. So, you can also contact the economic community development office or the mayor's office and they can refer you upstairs um for more information. Thank you. >> Thank you, councelor Mack. Any further comments from the council? >> I would like to also wish counselor
harder and well, she as stated is the dean of the council and I also like to thank all the counselors here and the public for bearing with me running this meeting. That being said, um is there a motion to adjourn after the closing prayer? >> Second. Uh motion made by councelor Tone, seconded by councelor Heath to
adjourn after the closing prayer. >> Almighty father, as we adjourn, we thank thee for the opportunity of joint deliberation and action witnessed in court this meeting. Bless Lord all who are gathered here and the people's representatives we are and
do thou attend to our common welfare until our next meeting. Amen. >> All those in favor of journeying. Those opposed. >> Thank you.