Finance Committee

CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL FINANCE COMMITTEE MEETING Monday – October 2, 2017 – 7:00 PM City Council Chamber - City Hall AGENDA CALL TO ORDER ANNOUNCEMENT OF OPEN MEETING RECORDINGS Any person may make a video or audio recording of an open session of a meeting, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. Any person intending to make such recording shall notify the Chair forthwith. All Documents and exhibits used or referenced at the meeting must be submitted in duplicate to the City Clerk, as they become part of the Meeting Minutes. 1-1 Review and Approval of the September 18, 2017 Meeting Minutes. 2-1 An Order Authorizing the City to Borrow $146,300.00 for Watkins Field Design and Engineering Services. 3-1 A Measure Confirming the Mayor’s Appointment of Cheryl Slack to the Position of Animal Control Officer for term expiring September 11, 2018. 3-2 A Measure Confirming the Mayor’s Appointment of Kristen Salerno to the Position of Animal Control Officer for term expiring September 11, 2018. 3-3 A Measure Confirming the Mayor’s Appointment of Paulette Burns to the Position of Member, Cultural Council, for term expiring September 15, 2020. 3-4 A Measure Confirming the Mayor’s Appointment of William Davis to the Position Member, Disability Commission, for term expiring September 14, 2020. 5-1 An Order Relative to the November 7, 2017 City Election. 5-2 An Order Relative to the November 7, 2017 Special State Primary. ADJOURNMENT Items listed on the Agenda are those reasonably anticipated by the Chair to be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law.  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL FINANCE COMMITTEE MINUTES OF MEETING OF SEPTEMBER 18, 2017 Finance Committee Members Present: President Ronald Cormier and Councillors James Walsh and Marc Morgan. Other Participants: City Clerk Alan Agnelli. The meeting was called to order by President Ronald Cormier at 6:30 p.m. in the City Council Chamber, City Hall. President Cormier asked if anyone present planned to record the meeting, in accordance with the requirements of the Open Meeting Law, as follows: Any person may make a video or audio recording of the open session of this meeting so long as it does not interfere with the conduct of the meeting. All documents and exhibits used or referenced at this meeting shall be submitted in duplicate to the City Clerk, as they become part of the minutes of the meeting. Is there anyone present who will be recording this meeting? No one responded. 1-1 Reading and Approval of Minutes of Prior Meeting(s). On a motion by Councillor Marc Morgan and seconded by Councillor James Walsh, it was voted to approve the Minutes of the Meeting of August 30, 2017, as printed. 6-1 #9828 - A Measure Declaring Surplus for Purpose of Disposal Land and Buildings at “Greenwood Place” (Off West/Albion Streets) (M27-12-44) Councillor Walsh cited the September 11, 2017 e-mail from the City Solicitor where he noted that he “had no issues with the Tax Taking and that everything was proper. The issues was very minor - a typo in the original taking done in 2007.” Councillor Walsh recommended that the Title of the Authorizing Vote be amended, as well as the body of the Vote to reflect the actual location, to read as follows: DECLARING SURPLUS FOR PURPOSE OF DISPOSAL LAND AND BUILDINGS OFF WEST STREET AND ALBION STREET VOTE: To declare surplus for the purpose of disposal, in accordance with prevailing General Laws, all land and buildings off West Street and Albion Street, further identified on the City of Gardner Assessor’s Map as M27-00012-00044, to establish as a minimum amount of $1.00 to be paid for any conveyance of said property, and to authorize the Mayor to convey said land, or part thereof, for such amount or a larger amount, and upon such other terms as the Mayor shall consider proper in accordance with this Vote. Finance Committee Meeting Minutes - 09-18-2017 Page 1 of 4  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL FINANCE COMMITTEE MINUTES OF MEETING OF SEPTEMBER 18, 2017 On a motion by Councillor James Walsh and seconded by Councillor Marc Morgan, it was voted to recommend to the City Council to adopt the Measure, as amended. 6-2 A Measure Granting an Easement to Massachusetts Electric Company and Verizon New England, Inc. for the purpose of installing and maintaining an anchor and guy on City-owned land at 850 West Street. On a motion by Councillor James Walsh and seconded by Councillor Marc Morgan, it was voted to recommend to the City Council to grant the following Easement: GRANT OF EASEMENT The CITY OF GARDNER, a municipal corporation, having an address of 95 Pleasant Street, Gardner, Massachusetts 01440 (hereinafter referred to as the Grantor), (hereinafter referred to as the Grantor) for consideration of One ($1.00) Dollar, grants to MASSACHUSETTS ELECTRIC COMPANY, 40 Sylvan Road, Waltham, Massachusetts 02451, a Massachusetts corporation, and VERIZON NEW ENGLAND INC., having a local address of 125 High Street – Oliver Tower, 07 Floor, Boston, MA 02110, a New York corporation (hereinafter referred to as the Grantees) with quitclaim covenants, the perpetual right and easement to construct, reconstruct, repair, maintain, operate and patrol, for the transmission of high and low voltage electric current and for the transmission of intelligence and telephone use, one (1) anchor and guy, (which may be erected at different times) and all necessary equipment and appurtenances (hereinafter referred to as the “ANCHOR and GUY”) over, across, under and upon the Grantor’s land in Gardner, Worcester County, Massachusetts to serve Grantor’s property and/or to service others. Said “ANCHOR and GUY” are to be installed on property located on the southerly side of West Street, to originate from existing Pole P.74, which is located on the southerly side of West Street, to extend in a southerly direction over, upon and across land now or formerly of the Grantor, to become established by and upon the final installation thereof by the Grantees. Also with the further perpetual right and easement from time to time without further payment therefore to pass and repass over, across and upon said land of the Grantor as is reasonable and necessary in order to renew, replace, repair, remove, add to, maintain, operate and patrol and otherwise change said “ANCHOR and GUY” and each and every part thereof and to make such other excavation or excavations as may be reasonably necessary in the opinion and judgment of the Grantees, their successors and assigns, and to clear and keep cleared the portions and areas of the premises wherein the “ANCHOR and GUY” are specifically located of such trees, shrubs, bushes, structures, objects and surfaces, as may in the opinion and judgment of the Grantees, interfere with the efficient and safe operation and maintenance of the “ANCHOR and GUY”. Finance Committee Meeting Minutes - 09-18-2017 Page 2 of 4  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL FINANCE COMMITTEE MINUTES OF MEETING OF SEPTEMBER 18, 2017 Grantor, its successors and assigns, hereby covenants and agrees to indemnify, save harmless and defend with counsel satisfactory to the Grantee, its parent company, its affiliates, successors and assigns, from and against any and all claims, costs, expenses (including any and all attorney’s fees and expenses of Grantee), damages, actions, causes of action, suits, demands, judgments, penalties, orders, liability or potential liability, whether under any existing or future arising statutory or common law (including, but not limited to those arising under the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M. G.L. c. 21E., and the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. c. 21C., and all applicable rules and regulations promulgated thereunder), whether or not heretofore known or suspected, arising out of or relating to the discharge, release or threatened release at or from the property of oil and/or any pollutant and/or hazardous and/or toxic material, substance and/or waste that causes or contributes to the contamination of and/or damage to the environment and/or natural resources; provided, however, that this indemnity and hold harmless provision shall not apply to any contamination of and/or damage to the environment and/or natural resources that is solely caused by a discharge or release from Grantee’s equipment located on the property pursuant to this easement. The provisions of this paragraph shall survive the release or termination of this easement. It is agreed that the “ANCHOR and GUY” shall remain the property of the Grantees, their successors and assigns, and that the Grantees, their successors and assigns, shall pay all taxes assessed thereon. Grantor agrees that the rights and easement herein granted are for the purpose of providing service to Grantor’s property and the further right to service others from said “ANCHOR and GUY.” The Grantor, for itself, its successors and assigns, covenant and agrees with the Grantees, for themselves, their successors and assigns, that this Grant of Easement and the location of the Anchor and Guy may not be changed or modified without the written consent of the Grantees, their successors and assigns, which consent may be withheld by the Grantees in their sole discretion. The rights and easement herein granted are over, across and upon those parcels of land, all as shown on a Plan of Land recorded with the Worcester South District Registry of Deeds in Plan Book 32, Plan 64. And further, said “ANCHOR and GUY” (locations of the electrical equipment and other facilities on the hereinbefore referred to premises of the Grantor) is approximately shown on a sketch entitled: “Designer: Prasand Nair WR#: 24795579; Property Owner: City of Gardner Address: 850 West St., Gardner, MA 01440; Easement Sketch; CONSTRUCTION DETAILS: Install down guy and anchor with 7ft lead at from pole 74 West St. Anchor will be located on town property at 850 West St.; nationalgrid; Exhibit A-Not to Scale”, a reduced copy of said sketch is attached hereto as “Exhibit A”, copies of which are in the possession of the Grantor and Grantees herein, but the final definitive locations of said “ANCHOR and Finance Committee Meeting Minutes - 09-18-2017 Page 3 of 4  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL FINANCE COMMITTEE MINUTES OF MEETING OF SEPTEMBER 18, 2017 GUY” shall become established by and upon the installation and erection thereof by the Grantees. For Grantor’s title, see deed dated July 29, 1911, recorded with the Worcester South District Registry of Deeds in Book 1969, Page 539, and an Order of Taking dated March 19, 1919, recorded with the said Registry of Deeds in Book 2170, Page 453. OLD BUSINESS An Ordinance to Amend the Code of the City of Gardner, Chapter 171, Personnel, Compensation Schedules 1 and 2. Councillor Walsh questioned whether the introductory clause in Section 1 of each Compensation Ordinances (Schedules), as written, could affect any of the others. On a motion by Councillor James Walsh and seconded by Councillor Marc Morgan, it was voted to request the input of the Human Resources Director regarding the Compensation Ordinances, as written. ADJOURNMENT On a motion by Councillor Marc Morgan and seconded by Councillor James Walsh, it was voted to adjourn at 6:34 p.m. Finance Committee Meeting Minutes - 09-18-2017 Page 4 of 4