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Call to order the Monday, June 15th meeting of the Gardener City Council to order. The ple clerk will please call the role. >> Councelor Brooks, >> present. >> Councelor Cormier, >> present. >> Councelor Durlowitz, >> present. >> Councelor Hardurn. >> Councelor Heath, >> present. Councelor Hegund >> present.

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>> Councelor Kazinskus >> present. >> Councelor Mack >> present. >> Councelor Tone. >> Councelor Tel Munoz >> present. >> President Tyrus >> present. Those who wish may now rise for the opening prayer and pledge of allegiance. >> Almighty God, we thank thee for bringing

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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 people of our city and to society and inspire us that we may liberate in unity and harmony. Amen.

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>> 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 recording. Any person may make a video or audio

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recording of an open session of a meeting or may transmit the meeting through any medium subject to reasonable requirements of to the chair as to the number placement and operation when used so as to not interfere with the conduct of the meeting. Any person intending to make such recording shall notify the chair forth with all documents and

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exhibits used or referenced at the meeting must be submitted in duplicate to the chair as they become part of the meeting minutes. Is anyone recording today's meeting? No response. There are no minutes of prior meetings. Public hearings.

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The public hearing is now open for item 11843. The public hearing notice reads as follows. Notice to abutters June 8th, 2026. To abutters and other interested parties, pursuant to the provisions of MGL

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chapter 166 subsection 22, you are hereby notified the public hearing will be conducted on Monday, June 15, 2026 at 7:30 p.m. on the petition of National, sorry, of Massachusetts Electric Company doing business as National Grid and

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Verizon New England, Inc. for permission to locate poles, wires, and fixtures, including necessary sustaining and protecting fixtures along and across the following public ways. Item 11843, Betty Spring Road, National Grid to relocate

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one jointly owned pole on Betty Spring Road beginning at approximately 10 ft south of the center line of the intersection of Betty Spring Road in Linus Alen A. Relocate pole number 94-50 on Betty String Road, 10 feet from the

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sidewalk at 42 period 567436 minus 71.952130. A sketch of the proposed pole location is attached for edification. City council gardener TT Sarapin and city clerk. Is there a representative from National

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Grid here to speak to the petition? Please come to the podium. Good evening. Uh we're looking actually there's an update for that. It's not a relocation. It's a new install for the pole. And I don't know if you guys got

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the update. It was just done this morning. should be updated. >> It's just a technicality basically, but we're looking to install a new inline pole for the purpose of installing new equipment. It's an AMI equipment. The

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new technology we're rolling out for the meters. >> Thank you. >> Yep. >> Would anyone like to speak in favor of the petition? Please come state your name and your uh

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your address for the record. >> Hi, my name is Peter. I work for control point technologies contracting for national grid. I'm in charge of doing the design and uh all the drawings that

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taking care of and as the previous uh person from National Grid said uh we going to National Grid is going to install a new pole between two existing poles on Betty Spring Road and the pole

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is uh 94-50 and existing poles are 95 5 from 94. The distance between those two poles is roughly uh 200 ft. So that's the purpose. So installed in a new pole and national grid is going

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to put a little equipment on top of the proposed pole that uh it sends signals to national grid and to read the meter that also is going to be installed on the proposed pole. So this is the whole project.

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>> Thank you very much. You're welcome. >> Would anyone like to speak in favor of the petition? Would anyone like to speak in favor of the petition? Would anyone like to speak in favor of the petition? Would anyone like to speak against the

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petition? Would anyone like to speak against the petition? Would anyone like to speak against the petition? Do any counselors have comments or questions to the petition? Councelor Mack. >> Thank you, President Tyrros. Um, this uh

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item is also before the public service committee. It's on our agenda for Thursday, uh, June 18th at 8:15. Um, any changes to this order uh for the new poll. I'd like the language to be submitted to the clerk's office if it hasn't already and the uh our meeting

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agenda amended to reflect the proper language. Thank you. >> Thank you, counselor. Are there any further comments or questions to this petition? Hearing none, I now declare the public hearing closed. Communications from the mayor. Item 11850,

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a communication from the mayor regarding the historic bill commission's master plan study of the old burial ground. Councelor, journal allowance. >> I move to Excuse me. I move to place the communication on file. >> Second. >> Motion made by councelor journal allowance. Seconded by councelor Heglin to place the communication on file. Is

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there discussion? Council journal outs. >> Thank you, President Daros. Um this is a um plan for the restoration um of the old barrow ground. U many of the gravestones there are in rough shape. Um and I just want to thank the mayor and the gardener

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historical commission for uh putting this plan together uh for the city. Thank you. >> Thank you, councelor. Any further discussion? All those in favor I. >> All those against no. >> Motion passes. Petitions, applications, communications.

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Item 11852, election of city clerk. Report from the special search committee for city clerk. Councelor Mack. >> Thank you, Council President. The city clerk search committee was composed of President Tyros, councelor Kazinskus, and myself. The responsibilities of the

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committee included the review and revision of the job description for both the positions of city clerk and the assistant city clerk. We received 49 applicants for the job and interviewed three candidates. The committee asked the candidates the same 11 questions during the interview process. These

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interviews were recorded and posted for public review. By unanimous vote of the committee, we put for put forth Miss Jennifer Plavven as our nomination to fill the position of city clerk for the city garden as of July 6, 2026.

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>> Thank you, councelor. Nominations are now in order for the office of city clerk. Councelor Mac. >> Uh I nominate Jennifer Pavven for the position of city clerk for a three-year term effective July 6, 2026.

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Are there any further nominations? Are there any further nominations? Are there any further nominations? Councelor Judy Mack has nominated Jennifer Pavan for the office of city clerk effective

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July 6th, 2026. I will entertain a motion to close nominations. So moved. >> Second. >> Motion made by councelor Kazinskus, second by councelor Cormier to close nominations. All those in favor say I. >> I. >> All those opposed say no. The motion

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passes. Nominations are now closed. When the clerk calls the role, please state the name of the nominee of your choice. Clerk will now please call the role. >> Councelor Brooks. >> Jennifer Pavven. >> Councelor Cormier. >> Jennifer Pavven. Councelor Dalawitz,

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>> Jennifer Pavan. >> Councelor Heath, Jennifer Pavan. >> Councelor Hegland, Jennifer Pavan. >> Councelor Kazinskus, >> Jennifer Pavven. >> Councelor Mack, >> Jennifer Pavven. >> Councelor Tel Munoz, >> Jennifer Pavven. >> President Tyrus,

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>> Jennifer Pavven. >> Jennifer Pavven has been elected city clerk by a vote of nine. Affirmative voice. We'll now take a brief recess to swear in the clerk. Raise your right hand and repeat after me. I state your name. >> I, Jennifer,

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>> do solemnly swear >> do solemnly swear >> that I will faithfully >> that I will faithfully >> and impartially >> and impartially >> perform the duties of >> perform the duties of >> city clerk or gardener >> city clerk or gardener >> according to the law >> according to the law >> and the best of my abilities. >> The best of my abilities.

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>> Congratulations. Now back in order. Report of standing committees finance committee. Item 11815 an ordinance to amend the code of the city of gardener section 8 of chapter 625 thereof entitled water rates. Councelor Heglin.

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>> Thank you Mr. President. Move the order be sent to a second and final printing. >> Second. >> Motion made by councelor hegland. Second by councelor journal allowance to send the item to its second and final printing. Is there discussion? Councelor Hagglin. >> Thank you. Just a quick reminder to anyone watching and then those here tonight that this is uh an amended

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version I proposed for a 1year 15% increase uh to the water rates for FY27. Thank you. >> Thank you council. Any further discussion? >> All those in favor? I. >> All those against no. The motion passes.

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Item 11 822 prior year unpaid bill ACA filing and compliance. >> Councelor Hegel. >> Thank you, Mr. President. Move to authorize the payment of the prior year unpaid bill. >> Second. >> Motion made by councelor Hegeland, second by councelor Durn allowance to

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authorize payment of the prior year unpaid bill. Is there discussion? >> The clerk will now please call the role. >> Councelor Brooks. >> Yes. Councelor Cormier, >> yes. >> Councelor Durlowitz, >> yes. >> Councelor Heath, >> yes.

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>> Councelor Heglund, >> yes. >> Councelor Kazinskus, >> yes. >> Councelor Mack, >> yes. >> Councelor Tibo Munoz, >> yes. >> President Tyrus, >> yes. >> Nine. The motion passes. Item 11814,

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a measure accepting the job description of a new chief of staff position for the mayor's office. Councelor Heglin. >> Thank you, Mr. President. Move to refer the item back to finance committee for further study and review. >> Second. >> Motion made by councelor Hegman, second by councelor journal to send this item

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back to the finance committee for study and review. Is there discussion? Councelor Hegman. >> Thank you, Mr. President. I think just giving all that we have going on um that this really isn't the right time for maybe this kind of change uh and this would be the most appropriate action for going forward. Thank you. >> Thank you, councelor. Any further discussion?

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>> All those in favor? I I >> All those against no. Motion passes. >> Item 11816A, an ordinance to amend the attachment F of chapter 8 of the code of the city of Gardner, therein titled primary

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non-union compensation schedule. Councelor Hegman. >> Thank you, Mr. President. Move the item be referred back to finance for further study and review. >> Second. >> Motion made by councelor Hegman. Second by councelor dur allowance to refer this item back to finance for study and review. Is there discussion? Councelor Eg.

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>> Just a reminder that this connects to the previous item as it's the finance package, the pay package for it. >> Thank you, counselor. Any further discussion? >> All those in favor? I. >> I. >> All those against? No. The motion passes. Item 11816B,

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an ordinance to amend the attachment F of chapter 8 of the code of the city of Gardner, thereof entitled primary non-UN compensation schedule. Councelor Heglund. >> Thank you, Mr. President. Move the order be sent to a second and final printing. >> Second. >> Motion made by councelor Heglund, second by councelor Durn allowed to send this

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item to its second and final printing. Is there discussion? Councelor Hegman. Just again a reminder, this relates to the two youth center employees, the director and the assistant. They had a sunset clause on their positions that would be expiring as of July 1st. So this will remove that section and permanize their jobs. Thank you.

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>> Thank you, counselor. Any further discussion? >> All those in favor? I >> no. >> The motion passes. >> Item 11837, a measure adopting the city's housing production plan. Council General. Thank

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you, President Tyros. This was uh presented by the mayor and director Stevens and has been in process since early 2025. Um what this does is identify the biggest needs for housing in the city and how these needs can be met over a 5-year plan. Um focuses on specific areas of the city and how they could be addressed. Sets goals for the

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city in developing housing. Uh and some of those goals actually this council has already addressed in the interim since the plan started. The ADU's tiny home ordinance we have passed um a few months back. Um they do have an extension until July 6 to get this plan um approved by

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the uh council. Um but finance um wanted this up to the full council review. Uh there's a lot of information here. Um if there's no further information though um needed um something we could could pass tonight. Bance was in favor of doing so

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and I move to adopt the measure. Second >> motion by councelor Dernowatt, second by councelor Mack to adopt the measure after waving the rules. Is there any objection to waving the rules on this item? >> Hearing no objection. Is there further discussion on this item?

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Motion to adopt the measure. All those in favor I. >> All those against no. >> Motion passes. Item 11845, a measure accepting the city's municipal surplus property plan. Council General. >> Thank you, President Tyrros. This again

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was presented by the mayor and director Stevens. It identifies all the properties that the city owns in the city of Gardener um and how or if they could be disposed of in what way. U there are 200 plus properties, parcels owned by the city. Many are obviously municipal buildings, grounds, but also

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watershed conservation and uh protected lands. Um and it does identify those available for sale or some kind of outside development to get those properties back on the tax role. Um the um director had narrowed it down to uh

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seven buildables um to some extent um that you know that could be utilized in other ways. Um and this does tie into the housing production plan that we just approved moment ago uh a moment ago. But the goal here is to best identify uh uses of the properties the city does

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own. Uh, finance committee was in favor of passage and I move to adopt the measure. >> Second. >> Second. >> Motion made by councelor J allowance, second by councelor Mack to adopt the measure pending a suspension of the council rules. Is there any objection to suspending council rules on this item?

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Hearing no objection. Motion is for the council allowance to accept the measure. Any further discussion? All those in favor? I. I. >> All those against no. Motion passes. Item 11844, an order transferring $100,000 from

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Department of Public Works maintenance crew salary and wages to Department of Public Works repairs and maintenance expense account. >> Councelor Mack. >> Thank you, Council President. Leading to a motion. This is a request from the DPW, as we get many of these at the end of the fiscal year, to transfer $100,000

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from the salary and wages account. The finance committee met on this item and recommended the transfer to the council for approval. So, I make a motion to move the order. Second >> motion made by councelor Max, second by councelor Ters uh to um authorize the

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transfer pending a suspension of the council rules. Is there any objection to suspending council rules on this item? Hearing none. Is there further discussion on this item? All those in favor? I >> I. All those against? No.

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>> Motion passes. Item 11846, an order transferring $40,470 from sewer retain earnings surplus to Department of Public Works new equipment expense account. Councelor Mack. >> Uh the finance committee was in favor of

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suspending the r the rules to uh for this item in order for the transfer to take place from the sewer earnings surplus to the DVW new equipment account. Uh we recommend the transfer to the council for approval and I make a motion to move the order. Second >> motion made by councelor Max, second by

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councelor Dall allowance to move the order uh after a suspension of the council rules on this item. Is there any objection to suspending council rules on this item? Hearing none, the rules are suspended. Is there further discussion? All those in favor? I against no.

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>> Motion passes. Item 11848, an order transferring $40,000 from water enterprise maintenance crew salaries and wages to water enterprise repairs and repairs to mains expense account. Councelor Mack.

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>> Thank you, Council President. This item is an order to transfer money from the water enterprise maintenance account to the water expense repairs account. The finance committee met on this and approved waving the uh pending council rule 22 and recommended transfer to the

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council for approval. I make a motion to move the order. >> Second. >> Motion made by councelor Max second by council journal allowance to authorize the order pending successful suspension of council rules. Is there any objection to suspending council rules on this item? >> Hearing none. Any further discussion on

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this item? Councelor Mack. I just wanted to explain that this is for the purchase of new water meters which are more uh easily read by the uh water department. This will to continue funding replacing a total of 6,600 meters in the city. Um

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and this will uh cover I believe another uh 12 or 1300. Thank you. >> Thank you councelor Mack. Any further discussion on this item? All those in favor? I. All those against no. >> The motion passes. Item 11849,

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an order transferring $50,000 from Sewer Enterprise Maintenance Crew Salary and wages to Sewer Enterprise Energy and Utilities Expense Account. Council Mack. >> Thank you, Council President. Uh the finance committee met on this item and recommended transfer of the funds um

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from the sewer enterprise maintenance crew to the wages in wages to sewer enterprise energy and utilities. Um they were we were also in favor of uh suspending uh the council rule. Um I make a motion that we move this order. >> Second

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>> motion made by councelor Max second by current allowance to move the ordering successful suspension of the council rules. Are there any objections to suspending the council rules? Hearing none any further discussion.

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All those in favor I. >> All those against no motion passes. Appointments Committee. Item 11640. A measure confirming the mayor's appointment of Alexander Dur allowance to the position of golf commission member for a term expiring August 21,

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2028. Council Dur allowance. I'd >> like to um abstain from voting on this item and I'm going to recuse myself from the chamber. >> Council journal allowance abstains. >> Councelor Haggler. >> Thank you, Mr. President. Move the measure be confirmed. >> Second. >> Motion made by councelor Heglin, second

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by councelor Heath to confirm the mayor's appointment. Is there any objection to suspending council rules on this item? Hearing none. Any further discussion on this item? Councelor Hegman. >> Thank you, Mr. President. The appointments committee met on this item. Uh this is a reappoint. Uh councelor

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Journal is a a longtime and valued member of the golf commission. He's also an avid golfer himself, as many of us know. He uh additionally does not take as the other golf commissioners are entitled to uh the membership fee. He waves that being a city councelor as well. Uh and we were unanimously in

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favor of the reappoint. Thank you. >> Thank you councel. Any further discussion? >> Absent golf scores. >> All those in favor I. >> All those against motion passes. Item 11655, measure confirming the

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mayor's appointment of Paul Tone to the position of Industrial Development Finance Authority member for a term expiring August 22nd, 2030. Councelor Heglin, >> move the measure be confirmed. >> Second. >> Motion made by councelor Heglin, second by councelor Heath to confirm the measure. Is there objection to

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suspending council rules on this item? Hearing none, any further discussion on this item, councelor Hegman. >> Thank you, Mr. President. The appointments committee met recently on this item as well. This is again a reappoint. Uh councelor Tone has served uh the city and this authority well. Uh there were no issues reported with this.

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The mayor was in favor of it as was the committee unanimously. Thank you. >> Thank you council. Any further discussion? >> All those in favor I. I. >> All those against no. Motion passes. Item 11660, a measure confirming the mayor's

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appointment of Brighton Cormier to the position of cemetery commission member for a term expiring August 22nd, 2028. Councelor Hegman, >> move the measure be confirmed. Second. >> Motion made by councelor Hegund, second by councelor Heath to confirm the

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appointment. Is there any objection to suspending the council rules on this item? Hearing none. Any further discussion on this item? Councelor Hegman. >> Thank you, Mr. President. The appointments committee met on this item as well. This is a new appointee. Uh I know many of us know uh Brighton very well. He really is highly qualified for

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the position and brings a unique perspective. He not only serves on our fire department but also his family of course owns a funeral home in town. So he really understands what families are going through during those difficult times. Uh he will be a great addition and we are unanimously in favor of this. Thank you. >> Thank you counselor. Any further

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discussion? All those in favor I. >> All those against? No. Motion passes. Item 11669, a measure confirming the mayor's appointment of Donald Robinson to the position of cemetery commission member for a term expiring August 22nd, 2028.

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Councelor Heglin, >> move the measure be confirmed. >> Second. >> Motion made by councelor Hegeland, second by councelor Heath to confirm the measure. Is there any objection suspending the council rules on this item? Hearing none further discussion. Councelor Heglin. >> Thank you, Mr. President. Uh the appointments committee met on this item

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recently as well. another new appointee uh who again is incredibly qualified and I think we're lucky to have. He has years of experience as many of us may know from his time working for our local churches. He'll be a great addition and we are unanimously in favor of this. >> Thank you councelor. Any further discussion? Councelor Mack.

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>> Thank you. Um I was glad to see both this appointment and the prior appointment. Uh Mr. Robinson has I believe over 15 years experience um working at um one of the local cemeteries. Um I I just personally and and I've I've had this concern for the last couple years that we need new

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insight on the cemetery commission. Um I think the cemeteries need more um attention and including fertilization and stuff. And I know money is a type, but doing nothing to me is just not um what the cemetery commission is there for. Um and I think they need to um work

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closely in with the DPW and the DPW needs, you know, director who they're part of the se uh the cemetery commission as part of the DPW really need to come up with some type of a plan um to slowly uh address and improve things. Thank you. >> Thank you, councelor Mack. Any further

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discussion? All those in favor? I. >> All those against no. >> Motion passes. Item 11828, a measure confirming the mayor's appointment of Stacy Kazinskus to the position of redevelopment authority member for a term expiring May 5th,

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2031. Councelor Kazinskus. >> Mr. President, I'll be recusing myself from this vote. >> Thank you, councelor. Councelor Kinsus will be recusing yourself from this item. Councelor Heglin, >> move the measure be confirmed. >> Second. >> Motion made by councelor Heglin, second by councelor Heath to confirm the

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mayor's appointment. Is there any objection suspending council rules on this item? hearing none. Any discussion on the side? The council. >> Thank you again, Mr. President. The appointments committee met on this item recently as well, another new appointee. Um, again, I think we're we're lucky to

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have this other qualified uh candidate put forth for us. I think she'll be a great addition and perspective once more uh especially given her experience working in a local business downtown. Uh we're lucky again believe to have her and we're unanimously in favor of this. Thank you. >> Thank you, counselor. Any further

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discussion? >> All those in favor? I >> I all those against no. Motion passes. >> Item 11621, a measure confirming the mayor's appointment of Richard Rue to the position of planning board member for the term expiring July 21st, 2028.

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Councelor Heath. >> Thank you, Mr. President. Uh, I move the measure to be confirmed. >> Second. Motion made by councelor Heath, second by councelor Heglin to confirm the mayor's appointment. Is there discussion on this item? >> Discussion.

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>> All those in favor? I. >> All those against? No. Motion passes. Item 11642. A measure confirming the mayor's appointment of Robert Bryce to the position of zoning board appeals alternative member for a term expiring August 21st, 2028. Councelor Heath.

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>> Thank you, Mr. President. Um, if there's no objection, can I have um items 11642 through 11667 um as one item in which um I would like to make a motion where the u measure be

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confirmed. Motion made by councelor Heath, second by councelor Heglin to group items 11642, a measure confirming the mayor's appointment of Robert Rice to the position of zoning board of appeals alternative member for a term expiring

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August 21st, 2028. Item 11661, a measure confirming the mayor's appointment of Marian Null to the position of cultural council member for a term expiring August 22nd, 2028. and 11662, a measure confirming the mayor's appointment of Brandon Huey to the position of cultural council member for

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a term expiring August 22nd, 2028. And item 11667, a measure confirming the mayor's appointment of Nancy Lieber to the position of council on aging member for a term expiring August 22nd, 2028. Is there further discussion on these items? Councelor Heath. >> Thank you, Mr. President. Um the

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committee met with the um appointees along with the mayor and we voted unanimously to recommend and um that's why we move the appointment to be certified. >> Thank you council. Any further discussion on these appointments? >> All those in favor I.

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>> All those against no. Motion passes. Item 11672, a measure confirming the mayor's appointment of Daniel Kelly to the position of council on aging member for a term expiring August 22nd, 2026. Council Kazinskus. >> Thank you, Mr. President. I'd like to please request for the council to take

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up items 11672, 11674, 11675, and 11676 together. >> Second. Hearing no objection, the council will take item 11672. Item 11674, a measure confirming the mayor's

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appointment of Ed Edward Vapon to the position of bandstand committee member for a term expiring August 22nd, 2028. Item 11675, a measure confirming the mayor's appointment of Nancy Binder to the position of bandstand committee member

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for a term expiring August 22nd, 2028. And item 11676, a measure confirming the mayor's appointment of Michael Zlotnik to the position of bandstand committee member for a term expiring August 22nd, 2028. Councelor Kazinskus. >> Thank you, Mr. President. The committee

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voted unanimously to recommend confirmation of these appointments and I move to confirm the mayor's appointments. >> Second. >> Motion made by councelor Kazinskus, second by councelor Heglin to confirm the mayor's appointments. Is there for further discussion? Councelor Kazinskus. >> Thank you, Mr. President.

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Former Gardener Mayor Daniel Kelly previously served as mayor of Gardener from 2000 to 2004 and spent many years with the Gardener Fire Department. His long-standing knowledge of the city and its residents will make him a valuable advocate for seniors and an asset to the council on aging and this is a new appointment. Mr. Edward Vipond was has

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served on the band committee since its establishment and has dedicated significant time to recruiting bands and supporting fundraising efforts for the summer concerts. His commitment and contributions have been invaluable to the committee and again this is a reappoint. Attorney Nancy Binder has served on the band stand committee since

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2018 and has played an active role in planning and supporting the summer concert series. She has also volunteered her time to help ensure the program's success and serves on the city's license commission. This is also a reappoint. And Mr. Michaels Lotnik has served on

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the bandstand committee since 2018 and currently serves as chair. He has overseen many aspects of the committee's work including fundraising, band recruitment, scheduling, and coordination with the city. He was also part of the construction of the bandstand where his name is literally on

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the band stand along with those who are part of the project. This is also a reappoint. And I do think it's worth mentioning that the bandstand committee um the uh concerts in the park are 100% funded by the sponsorships that are um received by the bandand committee on

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behalf of the concerts in the city. >> Thank you, counselor. Any further discussion? Motion to approve and move the mayor's appointments. All in favor? I. All against no. >> Motion passes.

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Committee of the whole for items 11830 through 11835. The council met as a committee of the whole last Monday, June 8th, uh to discuss the mayor's proposed budget. During that meeting, uh it was discussed that multiple orders in this

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budget have uh numbers that have changed and these are reflected in tonight's agenda. These are the updated numbers. So, I thought it was important to include them in our agenda this evening and also remind the council to please submit your recommended amendments to the city clerk by Wednesday so that they

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can be collected and organized for our packet on next Monday's June 22nd committee of the whole and special city council meeting where we will be meeting on the mayor's budget proposal. Is there any discussion on these items?

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Thank you. unfinished business and matter of consideration. There are none. New business item 1851, an order appropriating unexpended bond proceeds to other capital projects, Gardenner High School locker room replacement C-wing

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enhancements. In accordance with rule two of our council rules, I will yield the chair to councelor Heglin, who will preside over this item in item 11856, city charter section 25, investigation authorization to process failures

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concerning vendor payments. And item 11857, city charter section 25, information request to the mayor of compliance with city code, article 1, subsection 464-1. Okay, everyone. Again, this is item 11851

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pertaining to Capital Projects Gardener High School locker room replacement C wing. Is there a motion on the floor? Councelor Tyros. >> Thank you. Leading to a motion. Members of the council, I would like to explain how this item came before us. This is a

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big discussion. There's a lot of history and a lot of context that I would like to share. So I'd like to move to suspend rule five. >> Councelor Tyrros has moved to suspend rule five. Are there any objections? >> Second Brooks. >> What is rule five? >> That would be the five minute limit on

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speeches. >> Okay. Thank you. >> Any other questions or objections? >> Hearing none, the rule will be suspended. Thank you. times. >> At the February 18th, 2025 meeting, the council passed an order to reappropriate

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unexpended bond proceeds to other capital projects, of which one of the listed projects was Gardner High School locker room replacement for $2 million. At the time, the mayor reported in his letter on the item, per the requirements

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of Massachusetts general laws and the regulations put in place by the city's bond legal council, the projects that the funding is reallocated to must have a lifespan of at least 30 years and cannot be used for paving or equipment. In order to verify that this proposed

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project had a lifespan of at least 30 years, the projects had to be reviewed and confirmed by an engineer's stamped letter. The council voted, the money was approved, and the high school would be getting replacements of existing lockers, floor tiles, benches, and

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partitions in the locker rooms as reported by the stamped letter by Time Bond, or so the council thought. No appropriation request above the 2 million already ex ass assigned to the high school locker project was received

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by this council until last week. In this submission, we see that this project was never just a replacement of existing lockers, floor tiles, benches, and partitions. We see a very detailed complete reconfiguration and rehaul of the C-wing of the high school, as is now

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accurately reported in the title of this request we have in front of us today. Now, we see another time bond stamped letter dated just a few days ago, okaying this whole project. Now, we see in January's time bond report that the mayor's letter

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referenced there's an opinion of probable cost of $3,30,963. So, at the time the mayor gave the go-ahad on the project going out to bid, he had an estimate in hands that was less than 2% from the low bid received

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by the city this past month. Less than 2%. Now, we see back in February, the school budget and finance manager received approval from the mayor to spend over a4 million dollars to contact contracts with Time Bond to enter the bidding

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process on a project they both knew was over budget by over a million dollars. Now, we've been given all the information. We've just been not given the time to properly evaluate it due to the tight construction window to fit

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this work in the school athletic year. and the project already being engineered and put out to bid, any changes or input we would have would cause delays that will make this project cost more and be less for our students. And that's the really frustrating part.

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This along with other investments will extend the life of Gardenner High School for decades. It is a necessary investment and is a good use of these funds. I think we need to divide our consideration on this issue. There is a very serious discussion of

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oversight, governance, and transparency that need to continue beyond tonight's discussion. When we look at projects we've been talking about on this list, we've had to come back for most of them for additional money either because additional investments were or issues

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were discovered, the cost increase, or something changed. But that's not really what happened in this situation. I think we need to correct this course and fix this because no one else has. I think it's reasonable for the initial allocation to need to be increased. I'm

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also concerned about the money that's already been spent on this. I can't help but feel and this isn't a good feeling that it's not right that they happened this way with what has been dropped on our desk. Obviously, this is not a good thing. I

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said earlier this is something we need to deal with from this incident and the broader discussion around the school budget. A few things need to change. City Hall needs to end the hands-off approach it has taken for many many years regarding the school department.

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The school department needs to end this concept of city funds and school funds. It's all taxpayer money. There are serious reforms that need in the capital improvements process. taking a holistic approach. And now let's take a step

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back. We have allocated $2 million. The school department has managed to spend almost 400,000 already. And looking at what has happened to the cost since we approved that allocation back last February and taking into account what will happen if we take more time on this

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decision, what I think I want to avoid is ending up spending more money in the wrong long run and getting less overall. I think the council has been playing by one set of rules and others are playing by another. I think we need to figure

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out how to solve this issue with this project and separately also solve the bigger issues that we're facing. I have concerns looking at the plans if the extent of the expansion of the weight room is really necessary. Is the relocation of the public bathrooms on

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the side of the wing really necessary? I still have concerns and voting for this project doesn't negate those concerns, nor does it endorse this behavior. We've suggested, we've asked, we've made small changes, it's clear it's not working because the behavior has

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continued. Again, at least four projects by three different departments. I think there's no question a greater need for reform is needed, but we need to get this done because delaying doesn't fix the very legitimate renovation needs. And again, delaying

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will just mean we'll end up having to spend more for less. We are focusing on this particular project, but this is part of a year-long effort. The high school has renovated the athletic fields, the science labs, the stairways, the auditorium, the art wing, and now the gym wing. This is all

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being done to extend the useful life of the building, hopefully by decades, which I think will save the city millions in the long run. So, I hope you join me in supporting this item even with my reservations. Thank you. >> Thank you, Council Tyros.

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>> Is there a motion on the floor? >> Move to approve the transfer or the uh reallocation of funds. Motion by councelor Chyros, seconded by councelor Formier to approve the appropriations. Is there any further discussion? Councelor M. >> Thank you, President Prom. I I just want

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to I I I agree with everything uh the council president said, but I just I just want to emphasize the point um because I think this really brings things front and center. The finance committee met on June 9th, the day after the closed June 8th letter from the

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mayor, which is in our packet, but there was no request to amend the finance committee agenda to include it. There was never ever anything ever brought to the finance committee in regards to this project, which was which has been

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discussed since December 2025. The finance committee meets twice a month. It would be nice um to get eventually an explanation from the mayor for his lack of transparency. Why would he leave the city council out? The

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school department administration would have no reason to doubt that he had kept us informed. Again, this seems very familiar to the school budget process that we just recently went through when the school administration thought we had received information from the executive

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office. But here we are again. The council is in a compromising position being put in this position I believe by the mayor and I'm not happy about it. We need to be role models for all and not condone and award unprincipled actions.

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The school project is a benefit to many and for that reason I will support it but not without voicing my concern and hope that such projects in the future will be handled differently. Like councelor Tyro said, if we go back and we make changes, it's just going to delay the project and cost more money.

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So with that said, I will be supporting this but not happily. Thank you. >> Thank you, Councilman. Any further discussion? Councilus. >> Thank you, Mr. President. Protemp. Uh, I want to go back to the original

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description of this project um, which was locker room replacement, replacement of existing lockers, floor tile, benches, and partitions. That is the exact description on Tyen Bond's letterhead. The city council received last year in support of this request. It is also the total information we

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received until now. That is what the city council was asked to approve. That is what we approved. Not a renovation of the multiple spaces in the gym wing. Not a project that included restrooms, team rooms, office space, and the weight

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room. Not what is now being described as C-wing enhancements. On tonight's agenda, we approved a locker room replacement project. That distinction matters. Descriptions matter. And when elected bodies are asked to approve millions of dollars in spending, details

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matter. Now projects can change. Anyone who has been involved in construction knows that sometimes the scope expands, costs increase, and new needs are identified during the design process. The issue here is not that the project changed in my opinion. The issue is that

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the city council and the school committee were not brought along as it did change since the last time that the city council approved the original funding. The school committee has met 17 times. The facility subcommittee of the school committee has met seven times and the finance subcommittee has met nine

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times. And yet, the only reference that I can find to this project in those meetings is a brief statement that the locker rooms would be reconfigured and upgraded once the drawings were completed. That's it. A project that began as replacing lockers, partitions,

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tile, and benches eventually grew into a much larger renovation, and neither governing body appears to have been meaningfully informed along the way. And that should concern all of us because transparency is not just about giving information when somebody asks for it. Transparency is about providing information when decisions are being

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made. If a $2 million locker room replacement project becomes something substantially different, that is exactly the kind of information elected officials should receive while it's happening, not after the plans are finished and the bids are ready to go. And that is what puts the city council in a difficult position this evening. As

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my colleagues have have also said in their um discussion statements, the administration's timeline requires this project to move forward right now. The bids have been prepared. The schedule assumes construction will begin immediately. We are effectively being asked to make a decision at the end of

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the process rather than being included throughout the process and that needs to change. That's not a good way to govern and it is important to remember a few facts about this. The school department knew by the end of last year that this project was going to exceed the $2 million that originally was approved.

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The finance committee has already met multiple times this year to discuss reallocating bond funds, including the source being proposed tonight. And of the many projects that have come before this council through this funding process, this is the only one that has been handled this way that I am aware of.

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Other projects have come back to us as they evolved. The middle school roof project is a really good example. The city council approved the feasibility work. We approved funding. We later approved additional funding. And at every single step, the city council knew where the project stood. It was very straightforward. It was very

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communicative. We are capable of more. That is how the process should work. That is not what happened here. We approved a locker room replacement project. What emerged was a much larger project and neither the city council nor the school committee was given enough information as that happened.

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So there does need to be better transparency that I agree with that there needs to be better communication. There needs to be better oversight of major capital projects in general. Um, so in spite of that, I will be voting in favor of this request. And had this version been presented to us in the

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beginning, I probably would have voted for it then. And given where we are today, I believe it is the it is the best available option. And I also believe this situation was engineered so that it is really our only option. But approving this funding should not be

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interpreted as approving the process that brought us here. I want to make that really clear. The process needs to improve, the communication needs to improve, and the transparency needs to improve. As I had said, this is not the first time that this maneuver has been played on this city council, but this will be the last time because I expect

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that neither the city council nor the school committee should find itself in this position again. Thank you. >> Thank you, Councilins. Is there any further discussion? >> Dur. >> Thank you, President Hegel. Well, excuse me. I mean, I'll try and pair down my remarks a little bit as uh the other

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counselors did an excellent job of bringing up key points I have in mind, but this project is an entire reimagining of what was originally improved by this uh council. And this is not to say these improvements are not warranted. Um the new Gardener High School is now over 50 years old. Um and

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use of these funds specifically correlates with a long-term plan of preserving the viability of that building. Uh the old Gardener High School on Elm Street uh served as a high school from 1927 to 1976, which means our goals with the current facility as a high school is significantly longer. Uh

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not investing in um our facilities now puts off cost that will increase and put our students at a of our city at a disadvantage. Um if we want to maintain our current buildings, these type of investments are sub substantially important um to be in front of the

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council for consideration. Um these current facilities do not meet uh do need to meet updated um needs of our community. But the question becomes how did this plan with significant changes end up in front of us with uh such short

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notice. The finance committee of the city council which I chair has 24 scheduled meetings a year. At no point did the changes that resulted in the current incarnation of this project come before the committee. Until now, this project and the immedi immediiacy of

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action were not formally presented to us. However, it's here now for us to vote up or down with the sole responsibility on the shoulders of this city council. Whether by ignorance or indolence informing the council of changes has failed and with disdain of

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the process that got us here tonight, I will support the adoption of the order on its merits. Thank you. >> Thank you, Council Member. Is there any further discussion council? >> I just want to make a final remark when it comes to spending funds in this

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manner. Um I also have to say I don't like the council being asked to see see what our priorities are and what is needed. And I'm not saying that some renovations aren't needed at the high school, but to this extent, um I really I find this a tough pill to swallow

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because I think especially um the mayor oversees the city and other departments and when we have female firefighters that don't have their own locker room and they don't have their own changing facilities. Okay, that's an issue to me that this

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somehow became a higher priority. Okay. And nothing against student athletes, but I think our public service representatives also deserve um to have some quality facilities in in in in for

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their job. Um so I just want to put this out there. I think, you know, when we're looking at additional funds, whether it be through the capital improvement and project stuff, there has to be more discussion and more thought put into it before we decide where we're going to pinpoint um and allocate funds. Thank

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you. Thank you, Council M. Is there any further discussion? Council Brooks. >> Uh, thank you, Mr. President. Um, I think what's been said here is is important and not something that I need to repeat. I'm looking at this just a

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little bit differently. However, in the sense that we have this money because we had $10 million left over from the elementary school project for whatever reason and there was a proposal out there to to spend 8 million of it and

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then um more recently another million125. Uh this is another million one. The mayor with his spreadsheets uh has an amount remaining of about uh $600,000 unspent.

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My calculations are a little different, but I will concede to the mayors because he has the more direct access to the information than I do. I just put it out there because I think we're at a point now where we we are not going to have any more money, any more

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capital money, easy money to uh spend on capital projects. The $10 million is pretty much gone. We're getting ready to look at a budget for next year that I think is going to be extremely tight. And I think we just we have to be very careful with what we're doing in our

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spending decisions going forward. Um and to do that, I think there's two things that have to happen. One is that yet, as we've expressed, we have to have information. We have to know what's going on, what's being planned, and there has to be a plan. There has to be

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some idea of where we're going and how we're going to get there. So, thank you. >> Thank you, Council Brooks. >> Any discussion? >> If there be no objection, the chair would like to recognize the mayor if he

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would like to say anything this evening on that item. Um however if not that is okay >> appreciate the uh the counselor's concerns uh that were raised here today. Certainly happy to correct all that moving forward uh because they are very valid concerns that were raised. Uh the project I think uh is going to be a

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benefit to our students in the long run and if there's any further questions or things that come up along the way uh happy to answer those as they come up too. Thank you. >> Thanks Mr. Any further discussion hearing? None. Uh the motion made by

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councelor Tyrros, seconded by councelor Cormier is moving to reappropriate uh money for Gardenner High School locker replacement ceiling enhancements. At this time, the assistant clerk will please call the role. >> Councelor Brooks, >> yes.

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>> Councelor Cormier, >> yes. >> Councelor Darlowitz, >> yes. Councelor Heath, >> yes. >> Councelor Kazinskus, >> yes. >> Councelor Mack, >> yes. >> Councelor Tel Munoz, >> yes.

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>> President Tyrus, >> yes. >> Councelor Heglin, >> yes. >> Motion passes with nine yays. Item 11856, city charter section 25, investigation

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authorization into process failures concerning vendor payments. Council Gyros. >> Thank you, Mr. President. Leading to a motion, members of the city council, I have placed the item on tonight's agenda regarding a serious cyber fraud incident

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where an external actor successfully posed as an established city vendor. The city became victim of a scam and $40,000 was successfully diverted into uh over in public funds into a fraudulent account. While our treasurer department acted

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swiftly and engaged law enforcement once the theft was discovered, the fact remains that multiple process failures led to this result. I will also say, as the mayor indicated to us in his letter on another item on our agenda this evening, that it appears the city will likely be made whole after this incident

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is over. Our mandate from the residents of Gardner is to maintain absolute transparency and uphold the public trust. When a vulnerability like this is exposed, we must act to protect taxpayer dollars. This council has no intention of interfering with the active police

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investigation. However, it is our responsibility under section 25 of the city charter to review the affairs of municipal departments when a situation like this occurs. This is not about assigning blame. Is about finding clear areas of opportunity, fortifying our internal

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controls across departments, and ensuring incidents like this do not happen again. Therefore, I move that the city council, acting under section 25 of the city charter, authorize the council president to assign a counselor to conduct a formal investigation into the multiple vendor onboarding and ETF modification

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processes across the various departments regarding this incident to identify internal control vulnerabilities and report back to the full body with actionable recommendations to safeguard city assets and preserve the public trust. Second >> motion made by councelor Tyos, seconded

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by councelor Dern allowance to authorize the council president to assign a counselor to investigate and report on this uh failure concerning vendor payments. Is there any discussion on the motion? Council General. >> Thank you, President Hegelan. Um just

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want to say there are sophisticated scams out there to perpetrate fraud not only on municipalities but private businesses as well. Um, we need to make sure our staff has the proper skills and training to identify these issues and prevent any inadvertent actions um that

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put anyon any amount of monies um of the cities in jeopardy. Um, and I look forward to this uh investigation uh working to set up those processes. Thank you. >> Thank you, Council General Lance. Is there any other discussion on the motion? >> Again, the motion is to authorize the council president to assign a counselor

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to investigate uh this issue. All those in favor say I. >> I. All oppose. Nay. The eyes have it. The motion passes. Item 11857, city charter section 25, information request to the mayor of compliance with city code article 1, subsection 6 uh

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464-1. Councelor Nyros. >> Thank you, Mr. President. Leading to a motion. I've placed this item on tonight's agenda because our city auditor recently uncovered a major breakdown in how the building department processes building permits. A recent review showed that the

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department has been bypassing mandatory financial checks required by city code and mass general law. Specifically, every recently issued permit skipped review by the assessor and almost 100% of them cut completely out the treasurer and the civil enforcement officer.

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When we bypass these checkpoints, we lose vital revenue verification and crosspart departmental coordination. Flagging these gaps is exactly what our auditor is supposed to do, protecting the city's financial integrity. Furthermore, asking for proof that a

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broken system has been fixed is standard professional auditing practice. Unfortunately, that proof has not been forthcoming and it appears that the issue as of a few days ago is not yet fully resolved or confirmed. This council is only concerned with ensuring

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that the city follows its own ordinances. I set a deadline of June 11th for a written update regarding the detail of the work how the workflow would be fixed and that dead deadline passed with no complete resolution to rever preserve the public trust and protect taxpayer

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dollars. We cannot let a failure to follow city code unressed. I also want to note that prior to putting this on the agenda, the auditor and myself made several attempts to resolve this internally over the past month. Therefore, I move the city council acting under section 25 of the city

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charter ask the mayor to submit a response in writing to this body within 14 days detailing the specific operational changes implement to bring the building permit process workflow into compliance with city ordinance. Second >> motion made by councelor Tyrus, seconded

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by councelor Dur allowance uh to move uh to request the mayor to respond uh in writing within 14 days regarding a resolution to this issue. Is there any discussion on the motion? Councelor Matt, >> I just want to applaud President Tyros's efforts. Um I tried to get some

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information on this process the end of um April and I was under the assumption that this was being addressed. Um, and I had asked for more information from the department um, in charge um, and basically wasn't provided with what I

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wanted um, and was told that it was still being worked on. Um so I I applaud this effort um because um and and the efforts of the auditor as well to bring this to the attention because um you know we have to follow certain processes and nobody can make a change to our

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flowchart without without um approval. Thank you. >> Thank you, Council Mack. Any further discussion >> hearing none. All those in favor say I. >> All oppose, nay. The eyes have it. The motion passes. Turn the chair back over.

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Item 11853, an order transferring the sum of $100,000 from various salary accounts overseen by the Gardener Health Department to the landfill closure enterprise expense account repairs pumps. Council general outs. >> Thank you, President Tyrros. This has to do with a change order to cover the cost

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of repairs for the lie pumps at the city's former solid waste landfall. Um, this has been funded from vacancies in the department during the fiscal year to cover the costs of the additional work. Um, and therefore I move the order um authorizing the transfer.

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>> Motion made by councelor General, second by councelor Hegeland to move the order. Is there further discussion? Councelor Mac. >> I just want to make a point of items 11853, 11854, and 11855. Um, again, I feel that these free cash orders should have gone through the

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finance committee on uh June um 9th before they were put on our agenda. Thank you. >> Thank you, council. Any further discussion? All those in favor? I >> All those against? No. >> The motion passes.

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Item 11854, an order appropriating $573,186 from free cash to Department of Public Works snow and ice account. Council General Outs. >> Thank you, President Tyrros. Um, this item before us is for the annual free cash appropriation to fully fund the

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snow and ice account. Uh, the city is allowed a deficit spend on this line item from our budget and then fully fund it by free cash or actually take out a loan um for the the difference in amount. Um, in this case here, we're going to fund it by the free cash um order. Um, there are some issues I do

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have with this item. Um, and as councelor Mack rightly pointed out that these normally do go to finance with the floor for some vetting. Um, and as the mayor has agreed, um, this is not something that maybe we're going to be able to fix, um, at this time, but the line item itself in the budget is

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woefully underfunded to meet the realities of our current snow and ice expenditures. Um, there is the continued question of repayment, the repayment plan to the stabilization account for the new salt shed, which is part of the free cash um, appropriations. Uh that being said, where does the free cash

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stand after this appropriation? Um and the the next one for the the overtime. Um where is where does the fund stand at that point? Um there's also language for this one and um the next one that um we have been requiring to be part of these

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type of um orders uh limiting the funds which I will um pass out for the next item. Um but finally on this particular item um the numbers don't seem to fully match up. Um we budgeted for 300,000. Um

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there's an expected amount of u which I believe is now here but about a quarter million from the state. Um that comes to about or comes to an exact number of $550,794. Um this leaves uh 595,784

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of the total amount spent of the 1.14 million. Um this order actually leaves a deficit of 22,598 in the line item. Um as councelor, excuse me, president Tyrros um spoke about with the reimbursement um for the

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uh ETF fraud. Um that is an expected amount um and that is from the snow and ice portion of the budget. However, we don't know the timing and the actuality of receiving those monies. Um, so I'm not sure it's prudent to depend on those um to help fund this this line item or

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not. Um, with the council prepared to meet on next Monday, the 22nd and having these lingering issues, um, I would respectfully ask for more time on this item. >> More time request on this item. Is there any objection? >> More time will be granted on this item. >> Thank you.

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Item 11855, an order appropriating $355,000 from free cash to fire department overtime. Council General Outs. >> Thank you, President Tyros. This is the free cash appropriation to cover the overtime costs at the fireart fire department to meet staffing shortages. Um, as outlined in the packet, these

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shortages can be attributed to items um such as military leave, modified duty due to injury, mutual aid and fires um and wait time for graduation um from the fire academy. Um, I do have a amendment uh to this order with that additional

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language I spoke about in the previous order. Um, I'd like to pass that out if the president would grant a brief recess for everyone to receive it and review. >> We'll take a brief recess. You're now back to order. >> Uh, thank you, President Tyros. Um, as

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stated, the information is here for both the previous order and the um the current order that we're um for the fire um fire department overtime. Um, a digital copy of this has been provided to the clerk as well with the typo that I've corrected by hand corrected on that

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copy. Um the this is the type of language we've been using uh more recently for these type of orders. Uh therefore I move to pass the order as uh presented here in front of us in the document I passed out. >> Second >> motion made by councelor journal out

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second by councelor Mack to pass the order as amended. Is there discussion? >> Councelor Brooks. >> Uh thank you Mr. President. I don't have I don't have an objection to to it. Um,

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I just want to remind us that on the first the previous order with the snow and ice, uh, that would have to be voted acted on prior to June 30. Uh, because otherwise free cash goes away on June 30. Um, and I expect it will be. I'm

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just putting it out there. Uh, I also did a quick calculation on how much free cash is left after these two appropriations and I come to about 100,000 that that is still could be spent although we're out of time. Um,

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and that is not an issue. It's just saying that we we ran pretty close on our free cash. So, thank you. >> Thank you, Council Council General Outs. >> Mr. President Tyrus. I appreciate the council book's concern. Um

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my hope is this sort of we we must put this on our next agenda with the budget to act on it before the end of it. That's what I did reference there and I have spoken to the council president that if that item was given more time um it would be placed there in order to address that which you obviously

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concurred with. Um I appreciate the information um on free cash um but I would like that information presented from the mayor as well. Thank you. >> Thank you council. Any further discussion? The motion is to pass the order as amended. All those in favor I. I.

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>> All those against? No. >> Motion passes. Councelor comments or remarks. Are there any councelor comments or remarks this evening? Councilor Brooks. >> Yes. I just want everyone to notice that I'm wearing my Inis tartan uh necktie.

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uh in it being a Scottish clan that was my grandmother's maiden name and I also think it's an appropriate uh symbol to be wearing at this time of budget deliberations because I believe the Scottish people

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are known for being uh frugal, thrifty, parsimmonious uh tight fisted with their money and very careful. So I will try to do that as we go through the budget process. Thank you. And here I thought you were going to congratulate the team on their FIFA World Cup victory.

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>> Well, they did that, too, so that's good. Yeah. >> Any further council comments or remarks? >> Hearing none, I'll entertain a motion to adjourn after closing prayer. >> So move. >> Motion made by councelor Kazinska, second by councelor Keith to adjourn after closing prayer. All those in favor

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I. All those against no. >> Motion passes. >> Aly father who ceased overall. As we adjourn, we thank thee for the opportunity of joint deliberation and action witness during the course of this meeting. Bless the Lord all the gathered gather here and the people who represent

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us we are and do thou attend to our common welfare until our next meeting. Amen. >> Stand.