Councilor Tyros Finds Fault with Development and Planning Department in Report to Council
Councilor Tyros concluded an almost 3 month investigation into why Maki Park ended up not being ADA compliant. In a short, special meeting of the Gardner City Council on September 9, 2024, Councilor Tyros stated, “Is this an unsalvageable problem? Of course not. But state and city resources were spent, and it’s now apparent that the final product is not what was originally presented to the council. We were also not talking about aesthetic choices or minor tweaks. We’re talking about differences that go against the core basis this project was submitted and the information we used to make our decision to support it.” The Council appointed Tyros to investigate the matter Original article, special meeting, CLICK HERE.
At the December 16, 2024 meeting of the Gardner City Council, George Tyros presented his findings. Listen on any device. CLICK PLAY.
Next Steps: Finance Committee will take up the matter.
Key Statements in the George Tyros Presentation to the Gardner City Council 12-16-24
George Tyros stated, “The design of the park changed from initial concept to bid award. The conceptual layout created by Ty and Bond and presented to the City Council in June of 2022 showed three terraces with individual ramp accesses to each level. The Mayor’s letter supporting the project cited, quote, the terraces would correct grading issues, bring the slopes to a level that is compliant with ADA standards, and allow us to utilize the area in a productive manner. However, in May of 2023, the bid set drawings utilized during the public bidding process for the project clearly showed ramp entrances to the bottom and top terraces with stairs connecting each to the middle. The second key finding was that the Department of Community Development and Planning did not apply for or obtain a building permit for Maki Park prior to its completion. This issue was confirmed by both the Building Commissioner and Director of Community Development and Planning. In the notice of violation by the Building Commissioner, he stated, quote, Mackey Park does not meet the accessibility requirements as outlined in section 19 of 529 CMR, Massachusetts Accessibility Code, as the middle tier of the park is not accessible to persons with disabilities.”
Development Department Had Policy of Not Following Requirements
“Building Commissioner, in a span of a few hours, was able to articulate the issues and violations with this project. The trouble is, the Building Commissioner wasn’t brought into the project until complaints were made by the public after its completion. This happened in this order because, despite there being a requirement to do so, the Department of Community Development and Planning did not apply for a building permit for this project. The Director informed me that his department had never applied for a building permit for any project they had done of a similar scope. This appears to have been a long-standing practice in his department since before this administration. This approach to internal policies is what I see as the first domino.”
Department Member Didn’t Know Where Maki Park Was
“In another instance, the member of the department responsible for the project inquired with the engineering firm where Maki Park site was located. Let that sink in. Nearly two years after the council appropriated funds for this project, the department was asking outside engineers for the specific location of the project, which is visible from this building. In general, it seemed like there was not a lot of policies or standard operating procedures guiding this project.“
Levels of Cooperation Varied
“Overall, I think this investigation went smoothly, but as you can probably tell by reading this report, there were varying levels of cooperation and resistance. But one point I want to make sure is clear, the Mayor was very cooperative and stepped in where necessary to support my work.”
Recommendations Going Forward
“My first recommendation is the creation of an economic development subcommittee. The council should consider establishing a new subcommittee to cover economic development. It would also allow the committee more focused attention on the topic and the department, enabling better and stronger council oversight….. The second is progress reports. The council should stipulate as a condition when large appropriations like this are made, that regular and thorough progress reports are made until the project or goal is accomplished….Finally is a new ordinance proposal that earlier today I submitted to the city clerk, a proposal for the finance committee to review. That proposal is that this community development block grant steering committee shall meet monthly, and I would suggest for a period of 18 months.”
Our previous articles: Construction fencing going up in May 2024 — Lack of ADA Compliance August 2024 —- Mayor placed fault on design engineers August 2024 — Mayor spoke about fixes September 2024 —- City Council meeting September 2024