Finance Committee
Regular MeetingGardner, MA · September 16, 2020
Agenda
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE MEETING
Wednesday – September 16, 2020 – 12:00 PM
Remotely via Zoom
REVISED 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 Minutes of the July 29, 2020 and the September 2, 2020 Meetings.
2-1 #10326, An Order Appropriating $75,000.00 from Free Cash to Pool Filtration System (In City
Council and Referred to Finance, 9/8/2020).
2-2 An Order Authorizing the City to Borrow $250,000.00 for Route 140 Water Storage Tank
Repairs.
2-3 An Order Authorizing the City to Borrow $450,000.00 for Replacing Pall Filters at Crystal Lake
Water Treatment Facility.
6-1 #10329, A Measure Authorizing an Eighth Amendment to the April 9, 1968 Lease Between the
City and Henry Heywood Memorial Hospital (Ref: Council Calendar No. 10119) (In City Council and
Referred to Finance, 9/8/2020).
6-2 #10330, A Measure Authorizing an Easement Relocation Agreement Between the City of
Gardner and Massachusetts Electric Company (Ref: Finance Committee Agenda Item No. 6-1) (In City
Council and Referred to Finance, 9/8/2020).
6-3 A Measure Authorizing a Grant of Easement to Massachusetts Electric Company for an
“OVERHEAD SYSTEM” and “UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM” at 200
Catherine Street (Gardner High School).
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 JULY 29, 2020
The Finance Committee meeting was called to order remotely by Council President Elizabeth
Kazinskas at 12:00 p.m. Finance Committee Members Councillors Ronald Cormier and James
Walsh were also present via Zoom.
President Kazinskas announced that pursuant to Governor Baker’s March 12, 2020 Order
Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §20, and the Governor’s
March 15, 2020 Order imposing strict limitation on the number of people that may gather in
one place, this meeting of the Finance Committee will be conducted via remote participation
on Zoom. The audio recording, transcript, or other comprehensive record of proceedings will
be posted on the City’s website as soon as possible after the meeting and the meeting is being
broadcast live on Gardner’s YouTube Channel.
Also participating remotely were Mayor Michael Nicholson; City Auditor John Richard; City
Solicitor John Flick; Atty. Ethan Kolodny; School Director of Facilities Wayne Anderson; and,
City Clerk Alan Agnelli.
1-1 Reading and Approval of Minutes of Prior Meeting.
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to approve the Minutes of the June 10, 2020 and the
June 24, 2020 Meetings, as printed.
2-1 An Order Authorizing an FY2021 Continuing Appropriation Budget.
The Mayor informed the Committee that he is proposing a 1/12th Budget for August as
he is in the process of preparing the FY2021 Budget for the Council’s consideration by
September. He added that he spoke with Director Handy at the Division of Local
Services and received the Director’s approval for the Council to act after August 1 since
the Budget was filed with the Council in July.
On questioning, City Auditor John Richard explained that the August Continuing
Appropriation Budget is greater than July since Insurances and the Retirement
Assessment have certain obligations.
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend to the City Council that the following
Order ought to pass:
ORDER: THAT PURSUANT TO M. G. L. CHAPTER 44, SECTION 32, THE CITY OF
GARDNER HEREBY APPROVES THE AUGUST, 2020 CONTINUING
APPROPRIATION BUDGET AS FOLLOWS:
GENERAL FUND $2,440,750
SCHOOL FUND $2,061,263
SEWER ENTERPRISE FUND $ 296,382
WATER ENTERPRISE FUND $ 299,076
GOLF ENTERPRISE FUND $ 69,210
07-29-2020 Finance Committee Meeting Minutes Page 1 of 7
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF JULY 29, 2020
LANDFILL CLOSURE ENT. FUND $ 4,903
SOLID WASTE ENTERPRISE FUND $ 140,531
3-1 A Measure Confirming the Mayor’s Appointment of Alexa Morgan to the position of
Police Officer, Permanent.
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Alexa Morgan to the position of Police Officer, Permanent.
Councillor Walsh noted that Officer Morgan was appointed to a temporary position on
July 2 and has served since. He added that the Chief cited her qualifications in his
recent report to the Public Safety Committee.
3-2 A Measure Confirming the Mayor’s Appointment of Duncan Burns to the position of
Member, Conservation Commission, for term expiring July 20, 2023 (Reappointment).
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Duncan Burns to the position of Member, Conservation Commission,
for term expiring July 20, 2023.
Councillor Walsh noted that there was an issue with the terms of members of the
Conservation Commission as all had expired and the Mayor then sought an opinion
from the Law Department. He said that all are to be staggered terms and that the Mayor
expects the expired appointees to be filed with the Council in September.
3-3 A Measure Confirming the Mayor’s Appointment of Atty. Ethan Kolodny to the position
of Assistant City Solicitor for term expiring January 3, 2021.
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Atty. Ethan Kolodny to the position of Assistant City Solicitor for term
expiring January 3, 2021.
Councillor Walsh acknowledged Atty. Kolodny’s resume and qualifications and noted
the quality of his research and writing skills within the writing sample that he
requested of Atty. Kolodny.
3-4 A Measure Confirming the Mayor’s Appointment of Marcelle S. Cormier, Member,
Board of Registrars of Voters, for term expiring April 1, 2021.
On a motion by Councillor James Walsh and seconded by President Elizabeth
Kazinskas, on call of the roll, it was voted two (2) yeas, President Kazinskas and
Councillor Walsh; one (1) recused, Councillor Ronald Cormier, to recommend that the
City Council confirm the Mayor’s Appointment of Marcelle S. Cormier, Member, Board
of Registrars of Voters, for term expiring April 1, 2021.
07-29-2020 Finance Committee Meeting Minutes Page 2 of 7
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF JULY 29, 2020
3-5 A Measure Confirming the Mayor’s Appointment of Mario A. Guay, Member, Board of
Registrars of Voters, for term expiring April 1, 2022 (Reappointment).
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Mario A. Guay, Member, Board of Registrars of Voters, for term
expiring April 1, 2022.
3-6 A Measure Confirming the Mayor’s Appointment of Patricia C. Darby, Member, Board
of Registrars of Voters, for term expiring April 1, 2023 (Reappointment).
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Patricia C. Darby, Member, Board of Registrars of Voters, for term
expiring April 1, 2023.
3-7 A Measure Confirming the Mayor’s Appointments of Election Officers for 2020 -2021.
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointments of Election Officers for 2020-2021, attached hereto.
5-1 An Order Relative to the September 1, 2020 State Primary and Review and Acceptance
of National Guard Armory Poll Siting Impact Report.
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend that the City Council adopt the following
Measures:
CITY OF GARDNER
STATE PRIMARY ORDER
SEPTEMBER 1, 2020
That meetings of the citizens of this City qualified to vote in the State Primaries shall be held
on TUESDAY, THE FIRST DAY OF SEPTEMBER, 2020, FROM 7:00 A.M. TO 8:00 P.M. for
the purpose of casting their votes in the State Primaries for the candidates of political parties
for the following offices:
SENATOR IN CONGRESS.……………………….……...FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS………………………………..…..THIRD DISTRICT
COUNCILLOR…………………………………………………..……SEVENTH DISTRICT
SENATOR IN GENERAL COURT………..…..WORCESTER & MIDDLESEX DISTRICT
REPRESENTATIVE IN GENERAL COURT…..…….SECOND WORCESTER DISTRICT
REGISTER OF PROBATE…..………….…………..……………WORCESTER DISTRICT
It is further ordered that the following polling places are designated by the City Council:
WARD 1, PRECINCT A – Elk’s Home, 31 Park Street
WARD 1, PRECINCT B – Elk’s Home, 31 Park Street
WARD 2, PRECINCT A – Levi Heywood Memorial Library, 55 West Lynde Street
WARD 2, PRECINCT B – Levi Heywood Memorial Library, 55 West Lynde Street
07-29-2020 Finance Committee Meeting Minutes Page 3 of 7
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF JULY 29, 2020
WARD 3, PRECINCT A – Acadien Social Club, 193 Parker Street
WARD 3, PRECINCT B – Acadien Social Club, 193 Parker Street
WARD 4, PRECINCT A – Police Headquarters, 200 Main Street
WARD 4, PRECINCT B – Police Headquarters, 200 Main Street
WARD 5, PRECINCT A – National Guard Armory, 323 West Broadway
WARD 5, PRECINCT B – National Guard Armory, 323 West Broadway
ACCEPTANCE OF NATIONAL GUARD ARMORY
POLL SITE IMPACT REPORT
VOTE: To accept the National Guard Armory Poll Site Impact Report, in accordance with
Section 11 of Chapter 115 of the Acts of 2020.
*****
NATIONAL GUARD ARMORY POLL SITE IMPACT REPORT
As required by Section 11 of Chapter 115 of the Acts of 2020
Purpose
Due to the recent sale of the Knights of Columbus Hall and its unavailability for continued use as a
polling facility, a review of available publicly-accessible facilities within the boundaries of Ward 5 was
undertaken.
Review
A comprehensive review of publicly-accessible facilities in Ward 5 identified the National Guard
Armory, located at 323 West Broadway (Route 2A), as the only site that, with temporary modifications,
meets the criteria for accessibility, public convenience, public health (i.e. COVID-19), spaciousness,
affordability, and long-term use potential. The City utilized the Armory as the Ward 5 polling site from
the early 1970’s through the mid 1980’s.
Survey
A survey conducted for accessibility for the National Guard Armory found that the installation of a
portable 8’ ramp with handrails at the main entrance, coupled with the proper siting of three temporary
Accessible parking signs, would achieve compliance. The Main entrance doors, the interior doors leading
to the Assembly Hall, and the paths of travel from the parking lot to the front entrance, are compliant.
Convenience and Safety
The Armory is a secure, State-owned and managed facility with a very large assembly hall for voting,
providing for greater social distancing and ample room for voters to assemble before approaching the
voting booths. Plentiful parking is available off-street in the large fenced-in parking lot and there is
ample on-street parking, as well.
Impact
The location of the Armory would not have a disparate adverse impact on access to the polls on the basis
of race, national origin, disability, income or age. The Armory is conveniently located near the
crossroads of Route 68 (Timpany Boulevard) and Route 2A (West Broadway), is approximately 6/10 of a
mile from the former Knights of Columbus Hall, and along both MART Bus Routes (1 & 2).
6-1 A Measure Authorizing an Eighth Amendment to the April 9, 1968 Lease Between the
City and Henry Heywood Memorial Hospital (Ref: Council Calendar No. 10119).
The Committee postponed action since the Mayor reported that Attorney Phillips is
awaiting information from National Grid.
07-29-2020 Finance Committee Meeting Minutes Page 4 of 7
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF JULY 29, 2020
6-2 A Measure Authorizing an Easement Relocation Agreement Between the City of
Gardner and Massachusetts Electric Company (Ref: Finance Committee Agenda No. 6-1).
The Committee postponed action as no new information has been received from
Attorney Phillips.
6-3 A Measure Authorizing a Grant of Easement to Massachusetts Electric Company for an
“OVERHEAD SYSTEM” and “UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM”
at 200 Catherine Street (Gardner High School).
City Solicitor John Flick informed the Committee that he received some corrections
that Wayne Anderson forwarded to National Grid.
Mr. Anderson said that National Grid plans to improve service to the High School, as
well as extending poles along Blanchard Street.
Attorney Flick questioned National Grid about abandonment of poles and about an
Easement Release.
The Committee continued the matter until the next meeting.
GRANT OF EASEMENT
CITY OF GARDNER, a municipal corporation having a mailing address of 95 Pleasant
Street, Gardner, Massachusetts 01440, (hereinafter referred to as the Grantor), for
consideration of One ($1.00) dollar, grants to MASSACHUSETTS ELECTRIC
COMPANY, a Massachusetts corporation with its usual place of business at 40 Sylvan
Road, Waltham, Massachusetts 02451 (hereinafter referred to as the Grantee) with
quitclaim covenants, the perpetual right and easement to install, construct, reconstruct,
repair, replace, add to, maintain and operate for the transmission of high and low
voltage electric current and for the transmission of intelligence, lines to consist of, but
not limited to, three (3) poles and one (1) anchor, (which may be erected at different
times) with wires and cables strung upon and from the same and all necessary anchors,
guys, and appurtenances (hereinafter referred to as the “OVERHEAD SYSTEM”) and
“UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM” (hereinafter referred to as
the “UNDERGROUND SYSTEM”) located in Gardner, Worcester South County,
Massachusetts, consisting of lines of buried wires and cables and lines of wires and
cables installed in underground conduits, together with all equipment and
appurtenances thereto for the transmission of intelligence and for the furnishing of
electric service to the herein described premises and others, and without limiting the
generality of the foregoing, but specifically including the following equipment, namely:
manholes, manhole openings, bollards, handholes, junction boxes, transformers,
transformer vaults, padmounts, padmount transformers and all housings, connectors,
switches, conduits, cables and wires all located within the easement area of the
hereinafter described property.
Said “OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” are located in,
through, under, over, across and upon a certain parcel of land situated off the easterly
07-29-2020 Finance Committee Meeting Minutes Page 5 of 7
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF JULY 29, 2020
side of Blanchard Street, being more particularly shown as “PARCEL 2” shown on a
Plan of Land recorded with the Worcester South County Registry of Deeds in Plan
Book 399, Plan 67.
Said "OVERHEAD SYSTEM" is to be installed on Grantor’s property, which is located
off the easterly side of Blanchard Street, to consist of Pole p9-5, Pole p9-42, Pole P9-
41, Pole p9-4 and an anchor to be affixed to Pole p9.
And further, said “OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” (locations
of the electrical equipment and other facilities on the hereinbefore referred to premises
of the Grantor) are approximately shown on a sketch entitled: “Exhibit “A” Not Drawn
To Scale; The exact location of said facilities to be established by and upon the
installation and erection of the facilities thereof.; Easement Sketch For New Poles,
Anchors & Overhead Wires At 200 Catherine St, Gardner, Ma (Gardner High School);
Date: 05/21/2020; Designer: S.W. Soucy; Work Req# 28733033; nationalgrid,” a reduced
copy of said sketch is attached hereto as “Exhibit A”, copies of which are in the
possession of the Grantor and Grantee herein, but the final definitive locations of said
“OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” shall become established
by and upon the installation and erection thereof by the Grantee.
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, patrol and otherwise change said “OVERHEAD SYSTEM” and
“UNDERGROUND SYSTEM” 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 Grantee, its successors and assigns, and to clear and keep cleared the portions and
areas of the premises wherein the “OVERHEAD SYSTEM” and “UNDERGROUND
SYSTEM” are specifically located, as shown on the sketch herein referred to, of such
trees, shrubs, bushes, above ground and below ground structures, objects and surfaces,
as may, in the opinion and judgment of the Grantee, interfere with the efficient and
safe operation and maintenance of the “OVERHEAD SYSTEM” and “UNDERGROUND
SYSTEM” and other related electrical equipment. However, said Grantee, its successors
and assigns, will properly backfill said excavation or excavations and restore the surface
of the land to as reasonably good condition as said surface was in immediately prior to
the excavation or excavations thereof.
If said herein referred to locations as approximately shown on the sketch herein also
referred to are unsuitable for the purposes of the Grantee, its successors and assigns,
then said locations may be changed to areas mutually satisfactory to both the Grantor
and the Grantee herein; and further, said newly agreed to locations shall be indicated
and shown on the sketch above referred to by proper amendment or amendments
thereto. The Grantor, for itself, its successors and assigns, covenant and agrees with
the Grantee, for itself, its successors and assigns, that this Grant of Easement and the
location of the Overhead System and Underground System may not be changed or
modified without the written consent of the Grantee, its successors and assigns, which
consent may be withheld by the Grantee in its sole discretion.
07-29-2020 Finance Committee Meeting Minutes Page 6 of 7
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF JULY 29, 2020
It is the intention of the Grantor to grant to the Grantee, its successors and assigns, all
the rights and easements aforesaid and any and all additional and/or incidental rights
needed to install, erect, maintain and operate within the Grantor’s land an
“OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” for the transmission of
intelligence and for the purpose of supplying electric service for the building, buildings
or proposed buildings shown on the last herein referred to sketch or amended sketch
and the right to service others from said “OVERHEAD SYSTEM” and
“UNDERGROUND SYSTEM”.
It is agreed that the “OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” shall
remain the property of the Grantee, its successors and assigns, and that the Grantee, its
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 “OVERHEAD SYSTEM” and
“UNDERGROUND SYSTEM”.
For Grantor’s title, see an Order of Taking by the City of Gardner dated June 4, 1974,
recorded with the Worcester South District Registry of Deeds Book 5534, Page 255.
ADJOURNMENT
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier, on call
of the roll, it was voted to adjourn at 12:37 p.m.
07-29-2020 Finance Committee Meeting Minutes Page 7 of 7
f--;t
City of Gardner, Execi,th’e DePartinpLr.,
Michael J. Nicholson, Mayor
2020 UJ 22 All II:
13
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S
(OMMONWEAL1 110!_MASSACI !L’SETtS
b
WORCESTER COUNTY CITY 01: GARDNER
I appoint the following to the position of Election Officers, Ward 1, Precinct A as designated, and I hereby certify
that in my opinion they are persons specially fitted by education, training and experience to perform the duties of said office
and that I make the appointments solely in the interest of the City.
//Michael J. Nichols,fr1yor
Confirmed by City Council
for terms expiring August 3 I, 2021
Alan L. Agnelli, City Clerk
WARD IA
Warden Norman [I. Heauregard 147 Oak Street Gardner
Clerk Roland U. Maihoux. Jr. 20 Teabeny Lane Gardner
Inspector Doris Buefort 238R West Street Gardner
Inspector Jacqueline M. Kraskouskas 222 Bickford Hill Road Gardner
Inspector Ellen T. Kudravetz 90 Cherry Street Gardner
Inspector Michael L. Kudravetz 90 Cherry Street Gardner
Inspector Erana Ii. Landi 298 Park Street Gardner
Inspector Glenice M. Rossignol 103 highland Street Gardner
Inspector Ann K. Twohig 315 Union Street Gardner
City Hall, 95 Pleasant Street, Room 125, Gardner, Massachusetts 01440
Telephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email: mayor@gardner-ma.gov
City of Gardner, Executive Departpp9\
Michael J. Nicholson, Mayor
‘.rj: n
ZU1Ujin 22
AM fj: I
H’
COMMON WEALTH OF MASSACHUSETTh
WORCES PER COUNTY CITY 01: GARDNER
I appoint the following to the position of Election OFficers, Ward I, PrecincL B as designated, and 1 hereby certify
that in ny opinion they arc persons specially fitted by education, training and experience to perfonn the duties of said office
and that I make the appointments solely in the interest of the City.
chad 3. Nicholsot MaydT
,
Confirmed by City Council
for terms expiring August 31, 2021
Alan L. Agnelli, City Clerk
WARD lB
Warden Lynn M. Roux 203 Betty Spring Road Gardner
Clerk Joanne B. Rogers 82 Narrows Road Westminster
Inspector Gloria C. Bourgeois 17 Racette Avenue Gardner
Inspector Carolyn Fournier 158 Ash Street Gardner
Inspector Carolyn A. LaBonte 169 Summer Street Gardner
Inspector Valerie D. Spar 20 Plymouth Street Gardner
Inspector Marjorie 3. Whittemore 47 Lake Street. A606 Gardner
City Hall, 95 Pleasant Street, Room 125, Gardner, Massachuset 01440
ts
Telephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email: ,nayor
@gardner-ma got’
City of Gardner, Executive Depaniiir F ‘IF
C D
Mkhael J. Nicholson, Mayor
22 n I!: J L
c; 1’: , OFFICE
COMMON WEALTh OF MASSACI IUSETTS
WORCESTER COUNTY CITY OF GARDNER
I appoint the following to the position ol’Election Officers, Ward 2, Precinct A as designated, and I hereby certify
that in lily opinion they are persons specially fitted by education, training and experience to perform the
duties of said office
and that I make the appointments solely in the interest of the City.
/ichaeI J. Nichols nJvyor
Confirmed by City Council
for terms expiring August 3 I, 202 I
Alan L. Agnelli. City Clerk
WARD 2A
Warden Clifton J. Melani 37 Roseood Drive Gardner
Clerk Christoph A. Knoll 238 Greenwood Street Gardner
Inspector Alice P. Anderson 34 Chapman Park Gardner
Inspector Nancy A. Boucher 146 I lolly Drive Gardner
Inspector Carol A. Corinier 47 Lake Street, A207 Gardner
Inspector Robert J. Cormier 47 Lake Street, A207 Gardner
Inspector Dianne A. I lunt 28 Osgood Street, # I Gardner
Inspector Donna M. Lehtinen 203 Green Street Gardner
Inspector Annette M. Melanson 178 Waterford Street Gardner
City HaIl, 95 Pleasant Street, Room I 25, Gardner, Massachusetts
01440
Telephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email: mayor@gard
ner-,na.gov
City of Gardner, Executive Department RECEIVED
Michael J. Nicholson, Mayor
22D iii]. 22 Ni I Li
cVFWE
MA
COMMON WEALTh OF MASSACHUSETTS
WORCESTER COUNTY CITY OF GARDNER
I appoint the following to the position of Election OfUcers, Ward 2, Precinct B as designated, and I hereby certit
that in my opinion they are persons specially fitted by education, training and experience to perform the duties of said office
and that I make the appointments solely in the interest of the City.
ichael J. Nichols n, yor
Continued by City Council
for terms expiring August 3 I. 202 I
Alan L. Agnelli, City Clerk
WARD 2B
Warden Donald 3. Cosentino 131 Lovewell Street Gardner
Clerk Nancy M. Girouard 110 Marquette Street Gardner
Inspector Val J. Cormier 166 Acadia Road Gardner
Inspector Aline Cosentino 131 Lovewell Street Gardner
Inspector Patricia A. LeBlane 66 Conant Street Gardner
Inspector Roger R. LeBlanc 66 Conant Street Gardner
Inspector Cathy T. Leger 134 Greenwood Place Gardner
Inspector Patricia A. Lewis 32 Water Wheel Circle Templeton
Inspector Marcia J. White 92 Ryan Street Gardner
City Hall, 95 Pleasant Street, Room 125, Gardner, Massachusetts 01440
Thlephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email:
inayor@gardner-ma.gov
City of Gardner, Executive Departmentpp
Michael J. Nicholson, Mayor
2L1ZOJE 22 All II:
ca: OFFICE
COMMONWEALTH OF MASSACI IUSEYFS
WORCESIER COUNTY CIlY OF GARDNER
I appoint the following to the position of Election Officers, Ward 3, Precinct A as designated, and I hereby certit
that in my opinion they are persons specially fitted by education, training and experience to perform the duties of said ofhce
and that I make the appointments solely in the interest of the City.
6lichael J. NichoIn, Miyor
Confirmed by City Council
for terms expiring August 3 1, 2021
Alan L. Agnelli. City Clerk
WARD JA
Warden Donald R. Girouard 52 Draper Road Gardner
Clerk Robert J. Swaflz 53 Racette Avenue Gardner
Inspector Rachel I. Blais 25 Way Street Gardner
Inspector Anita M. Boudreau 8 Jackson Park Gardner
Inspector Barbara NI. Cormier I 16 Sand Street Gardner
Inspector Irene V. I lales 61 Waterford Street Gardner
Inspector Gloria M. Landiy 458 Pearl Street Gardner
Inspector Toby P. LaRoche 83 Murray Road Ashbumhain
Inspector Beth A. Leadbetter 00 Ross Street Fitchburg
Inspector Marcel Martin 17 Bayberiy Drive Gardner
Inspector Robert L. Owens 217 Riverside Road Gardner
Inspector Mark A. St. Laurent 153 Colony Road Fitchburg
City HaIl, 95 Pleasant Street, Room 125, Gardner. MassachusetLs 01440
Telephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email: mayor@garthier-ma
.gov
City of Gardner, Execu,tive Department RE C
[El V E 0
Michael J. Nicholson, Mayor
2ü2Jwp2 Mill: R
urr{c
I -\
COMMON WEALTI I OF MASSACHUSETTS
WORCESTER COUNTY CITY OF GARDNER
I appoint the following to the position of Election Officers, Ward 3, Precinct B as designated, and I hereby certify
that in my opinion they are persons specially fitted by education, training and experience to perfonn the duties of said office
and that I make the appointments solely in the interest of the C it>.
Confirmed by City Council
for terms expiring August 3 I, 2021
Ain L. Agnelli. City Clerk
WARD 3B
Warden Thomas II. Patterson 132 Pinewood Drive Gardner
Clerk Paulette A. Burns 5 Travers Street Gardner
Inspector Juliet E. Crowley 43 Glazier Street Gardner
Inspector Paul T. Crowley 13 Glazier Street Gardner
Inspector Gayle M. Jaillet 35 Wickman Drive Gardner
Inspector Odette R. Raceite 44 Jean Street Gardner
Inspector Ernie J. Richard 50 Jean Street Gardner
Inspector Juliette L. Richard 50 Jean Street Gardner
Inspector Dorothy M. Ronn 145 Prospect Street Gardner
City HaIl, 95 Pleasant Street, Room 125, Gardner, Massachusetts 01440
Telephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email: ,nayor@ gardner-mn
.gov
City of Gardner,Execi,tive Department
RECE\’En
Michael J. Nicholson, Mayor
WiUjflf 22 iJjfJ: 1k
:j.* üTcE
COMMON WEALTH OP MASSACI IUSETTS
WORCESTER COUNTY CITY OF GARDNER
I appoint the following to the position of Election Officers. Ward 4, Precinct A as designated, and I hereby ceiiifv
that in my opinion they are persons specially fitted by education, training and experience to perlorm the duties olsaid office
and that I make the appo intine nts so I ely in the interest of the City
zMichael J. Nicholson. M or
Confirmed by City Council
for terms expiring August31, 2021
Alan L. Agnelli. City Clerk
WARD 4A
Warden Ronald J. Roy 51 Pinewood Drive Gardner
Clerk Dianne M. I.efllanc 209 Elm Street Gardner
Inspector Judith A. King 32 Jay Street Gardner
Inspector Donald A. LeBlanc 209 Elm Street Gardner
Inspector Dee A. McMaster 72 Pinewood Drive Gardner
Inspector Judith Roy SI Pinewood Drive Gardner
Inspector Michael R. Uhibeault 441 Pleasant Street Gardner
City Hall, 95 Pleasant Street, Room 125, Gardner, Massachusetts 01440
Telephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email: mayor@gardner-,na.gov
City of Gardner, Executive Department RE C Pj
ED
Michael J. Nicholson, Mayor
2623 JLfl 22 nn If: I L
ÜFFICE
.4’’ I
COMMONWEALTH OF MASSACHUSETrS
WORCESIER COUNTY CITY OF GARDNER
I appoint the lollowing to the position of Election Officers, Ward 4, Precinct B as designated, and I hereby certify
that in my opinion they are persons specially fitted by education, training and experience to perform the duties of said office
and that I make the appointments solely in the interest of the City.
iael J. Nicholson. Mayor
Confirmed by City Council
for terms expiring August31, 2021
Alan L. Agnelli, City Clerk
WARD 18
Warden Marjorie F. ietzlofT 317 Pine Street Gardner
Clerk David F. ‘letzloll 317 Pine Street Gardner
Inspector Ann Chandler 133 Pleasant Street, #2 Gardner
Inspector Susan Greninger 194 Central Street, #315 Gardner
Inspector Theresa II. IlilIman 155 Champagne Road Gardner
Inspector Diane R. Jasiewicz 36 Robillard Street Gardner
Inspector Jacqueline M. LaPrade 322 Pine Street Gardner
Inspeclor Charlene A. Wilson 44 Olde Colonial Dr. UI Gardner
City Hall, 95 Pleasant Street, Room 125, Gardner, Massachusetts 01440
Telephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email: inayor@garthier-ina.gov
City of Gardner, Executive DepartmentR E C V El)
Michael J. Nicholson, Mayor
2G23J!Jl 22 flNII: R
Li flCinr
COMMON WEALTI I OF MASSACHUSETTS
WORCEST ER COUNTY Cl FY OF GARDNER
I appoint the following to the position of Election Officers. Wards. Precinct A as designated. and I hereby certify
that in my opinion they are persons specially fitted by education, training and experience to perform the duties of said oflice
and that I make the appointments solely in the interest of the C tv.
Confirmed by City Council
tbr terms expiring August 31. 202 1
Alan L. Agnelli, City Clerk
WARD 5A
Warden Stephen E. Cormier 365 Pearl Street Gardner
Clerk Patricia L. Cormier 365 Pearl Street Gardner
Inspector Sandra J. Barton 331 lligh Street Gardner
Inspector Carole A. Baublis 252 Union Street Gardner
Inspector Judith 1. Collette 47 Kendall Street Gardner
Inspector Man L. Glotch 17 Montvale Road Gardner
Inspector Paul A. Spano 33 Adams Street Gardner
Inspector Gloria M. OMalley 80 Kendall Pond Rd \Vest Gardner
City Hall, 95 Pleasant Street, Room 125, Gardner, Massachtisetts 01440
Telephone: (978) 630-1490 • Facsimile (978) 630-3776 • Email: mayor@gardner-ma.gov
City of Gardner, Execitii’e DepartinentRE C El V 3D
Michael J. Nicholson, Mayor
102U JUL 22 H Ii I 1.
ci ri,;‘-“.:-.
OFFICE
‘_i.•H ‘LEn
COMMON WEALTH OF MASSACIIUSE17S
WORCESTER COUNTY CiTY OF GARDNER
I appoint the following to the position of Election Officers, Ward 5, Precinct Has designated, and I hereby certify
that in my opinion they are persons specially fitted by education, training and experience to perform the duties of said office
and that I make the appointments solely in the inlerest of the City
vlvlichael J. Nicholson. N’ ayor
Confirmed by City Council
11w terms expiring August 31, 2021
Alan L. Agnelli, City Clerk
WARD SB
Warden Leonette M. Roy 49 Temple Street Gardner
Clerk Barbara A. Yablonski 195 Shennan Street Gardner
Inspector Trine Aschirn 111 Parker Hill Road Gardner
Inspector William Edwards 4 Sunrise Lane Gardner
Inspector Melissa A. Paulhus 207 Peach Street Barre
Inspector Doris II. St. John 204 Willis Road Gardner
Inspector Marcia A. Stone 185 Bridge Street Gardner
Inspector Mary Ann Suchocki 154 Sand Street Gardner
Inspector Edward S. Yablonski 195 Sherman Street Gardner
City HaIl, 95 Pleasant Street, Room 125, Gardner, Massachusetts 01440
Telephone: (978) 630-1490 • Facsimile (978) 630-3778 • Email: it;ayor@gardner-ma.gov
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
The Finance Committee meeting was called to order remotely by Council President Elizabeth
Kazinskas at 12:00 p.m. Finance Committee Members Councillors Ronald Cormier and James
Walsh were also present via Zoom.
President Kazinskas announced that pursuant to Governor Baker’s March 12, 2020 Order
Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §20, and the Governor’s
March 15, 2020 Order imposing strict limitation on the number of people that may gather in
one place, this meeting of the Finance Committee will be conducted via remote participation
on Zoom. The audio recording, transcript, or other comprehensive record of proceedings will
be posted on the City’s website as soon as possible after the meeting and the meeting is being
broadcast live on Gardner’s YouTube Channel.
Also participating remotely were Mayor Michael Nicholson; Police Chief Richard Braks; Fire
Chief Richard Ares; Building Commissioner Roland Jean; Human Resources Director Debra
Pond; Public Health Director Lauren Saunders; Attorney Deborah Phillips; City Auditor John
Richard; School Director of Facilities Wayne Anderson; and, City Clerk Alan Agnelli.
1-1 Reading and Approval of Minutes of Prior Meeting.
No Minutes were presented for review and approval.
2-1 An Order Appropriating $74,819.00 from Free Cash to Fire Department New Equipment
and Protective FF Clothing.
Mayor Nicholson informed the Committee that $24,819.00 of the Order represents the
City’s share of the Grant Award for SCBAs for 40 Firefighters and that the last time that
SCBAs were purchased was in 2007. He noted that the Fire Department utilizes two
different types of SCBAs. The Mayor added that the additional $50,000 will be used to
purchase a second set of turnout gear for each Firefighter which would allow a change
of gear between calls.
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend to the City Council that the following
Order ought to pass:
AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO FIRE
DEPARTMENT - VARIOUS ACCOUNTS.
ORDER: That there be and is hereby appropriated the sum of Seventy-Four Thousand
Eight Hundred Nineteen Dollars and No Cents ($74,819.00) from Free Cash to the
following accounts:
Fire Department New Equipment $24,819.00
Fire Department Protective FF Clothing $50,000.00
09-02-2020 Finance Committee Meeting Minutes Page 1 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
2-2 An Order Appropriating $20,800.00 from Free Cash to Info/Technology Software
Account.
Mayor Nicholson informed the Committee that the amount was cut from the
Department’s FY2021 Budget Request and that the appropriation will be used to add
the Board of Health’s permitting to the Viewpoint Online Permitting Software
Program.
On questioning by Councillor James Walsh, Building Commission Roland Jean
informed the Committee that the Building Department has utilized the permitting
software successfully and that it has reduced in-person visits to the office and improved
access to documents by all inspectors. He added that the software does not allow for
video inspections.
AN ORDER APPROPRIATING FROM FREE CASH TO INFO/TECHNOLOGY
SOFTWARE ACCOUNT.
ORDER: That there be and is hereby appropriated the sum of Twenty Thousand Eight
Hundred Dollars and No Cents ($20,800.00) from Free Cash to the Info/Technology
Software Account.
2-3 An Order Appropriating $150,000.00 from Free Cash to Police Department Vehicles
Account.
Mayor Nicholson informed the Committee that the amount was cut from the
Department’s FY2021 Budget Request and that the appropriation will be used to
purchase three fully-outfitted Police vehicles.
Police Chief Richard Braks informed the Committee that the Department annually
replaces three vehicles – two marked and one unmarked in one cycles and three marked
cruisers in the second year. He added that three new marked cruisers are slated to be
replaced this year – 2010, 2015, and 2016 models. The current State Bid cost is $50,202
per marked unit, fully-equipped.
AN ORDER APPROPRIATING FROM FREE CASH TO THE POLICE DEPARTMENT
VEHICLES ACCOUNT.
ORDER: That there be and is hereby appropriated the sum of One Hundred Fifty
Thousand Dollars and No Cents ($150,000.00) from Free Cash to the Police Department
Vehicles Account.
2-4 An Order Appropriating $75,000.00 from Free Cash to Pool Filtration System.
Mayor Nicholson informed the Committee that the appropriation will fund complete
replacement of the Greenwood Pool’s [outdoor] filtration system and that the goal is to
install it after the Pool closes for the season. The Order includes the quote of $42,500.00
for the Filtration System and $32,500.00 for ancillary costs/prevailing wages. He noted
that the present system is 30 years old.
09-02-2020 Finance Committee Meeting Minutes Page 2 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
Councillor Walsh questioned the timing of the installation and suggested that
replacement could occur in the spring of 2021 when the City has a better handle on its
finances. He added that no documentation was presented to the Committee that details
the additional costs.
Debra Pond informed the Committee that she is working with the Purchasing
Department to ascertain whether there is an approved contractor on the State Bid List.
She added that the fall may be better to have the system replaced as opposed to the
spring, as weather conditions in the spring may not be conducive.
The Mayor informed the Committee that he has no qualms about postponing action
until the next Committee meeting when additional information may be available.
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier,
on call of the roll, it was voted to recommend that the City Council refer the following
Order back to the Finance Committee for further study and report:
AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO POOL
FILTRATION SYSTEM ACCOUNT.
ORDER: That there be and is hereby appropriated the sum of Seventy-Five Thousand
Dollars and No Cents ($75,000.00) from Free Cash to the Pool Filtration System
Account.
3-1 A Measure Confirming the Mayor’s Appointment of Phillip Buso to the position of
Veterans’ Agent/Veterans’ Burial Agent for term expiring 8/6/2021.
Mayor Nicholson acknowledged and expressed appreciation for Phil Buso’s service to
the City since March 30, 1992.
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Phillip Buso to the position of Veterans’ Agent/Veterans’ Burial Agent
for term expiring 8/6/2021.
3-2 A Measure Confirming the Mayor’s Appointment of Phillip Buso to the position of
Veterans’ Graves Officer for term expiring 8/6/2021.
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Phillip Buso to the position of Veterans’ Graves Officer for term
expiring 8/6/2021.
3-3 A Measure Confirming the Mayor’s Appointment of Christopher Coughlin to the
position of City Engineer for term expiring 8/6/2023.
On questioning by Councillor Walsh, Mr. Coughlin informed the Committee that he
would like to be reappointed for another term.
09-02-2020 Finance Committee Meeting Minutes Page 3 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Christopher Coughlin to the position of City Engineer for term
expiring 8/6/2023.
3-4 A Measure Confirming the Mayor’s Appointment of Shaunesy Dame to the position of
Alternate Inspector of Wires for term expiring 8/6/2021.
Building Commissioner Roland Jean informed the Committee that Shaunesy Dame
fills-in for Darrell Sweeney when he is out and recommended his confirmation.
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Shaunesy Dame to the position of Alternate Inspector of Wires for
term expiring 8/6/2021.
3-5 A Measure Confirming the Mayor’s Appointment of Darrell Sweeney to the position of
Inspector of Wires for term expiring 8/6/2023.
Building Commissioner Roland Jean recommended Darrell Sweeney’s confirmation.
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Darrell Sweeney to the position of Inspector of Wires for term expiring
8/6/2023.
3-6 A Measure Confirming the Mayor’s Appointment of Alana Meserve to the position of
Animal Control Officer for term expiring 8/6/2021.
Mayor Nicholson and Police Chief Braks enthusiastically recommended confirmation
of Ms. Meserve’s appointment.
On a motion by Councillor Ronald Cormier and seconded by Councillor James Walsh,
on call of the roll, it was voted to recommend that the City Council confirm the Mayor’s
Appointment of Alana Meserve to the position of Animal Control Officer for term
expiring 8/6/2021.
6-1 A Measure Authorizing an Eighth Amendment to the April 9, 1968 Lease Between the
City and Henry Heywood Memorial Hospital (Ref: Council Calendar No. 10119).
Attorney Deborah Phillips cited her correspondence to former Mayor Hawke
concerning the history of the Lease Agreements with Heywood Hospital. In a nutshell,
she said that when the Hospital installed solar panels in the parking lot, it was
discovered that the portion of that land was not included in the Lease with the City
and that it also encroached on the National Grid Easement. She said that the Easement
Relocation Agreement was re-negotiated and that National Grid agreed to all but one
condition (Ref: 6-2) and that Heywood Hospital agreed to reimburse the City up to
$2,500.
09-02-2020 Finance Committee Meeting Minutes Page 4 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
Councillor Walsh noted that there is no written agreement with the Hospital that
commits to reimbursing the City for the costs.
The Mayor informed the Committee that Winn Brown, President and CEO of
Heywood Hospital, would provide the City with a letter of commitment.
Councillor Walsh recommended that Attorney Phillips provide the Council with a
brief summary of the issue, particularly for new Councillors.
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier,
on call of the roll, it was voted to recommend that the City Council adopt the following
Measure:
EIGHTH AMENDMENT TO LEASE
THIS EIGHTH AMENDMENT TO LEASE made this _____ day of _____________,
2020, by and between the CITY OF GARDNER, a municipal corporation duly
organized and existing under the laws of the Commonwealth of Massachusetts, acting
by and through its Mayor and as successor to the rights, privileges, duties and liabilities
of the CITY OF GARDNER’S former Public Works Board and its Director of Public
Works (the “City” or “Lessor”) and HENRY HEYWOOD MEMORIAL HOSPITAL, a
charitable corporation organized under the laws of the Commonwealth of
Massachusetts and having a principal office at 242 Green Street, Gardner,
Massachusetts 01440 (the “Hospital” or “Lessee”).
Recitals
WHEREAS the City is the Lessor and the Hospital is the Lessee of a certain parcel of
land situated on the westerly side of Green Street in Gardner, as further described in a
Lease Agreement dated April 9, 1968, and recorded in Worcester District Registry of
Deeds, Book 4869, Page 185, (the “Lease”), as amended by: 1) an agreement dated
October 21, 1980, recorded in said Registry in Book 7135, Page 310 (First Amendment
to Lease), 2) an amendment dated December 2, 1980, recorded in said Registry in Book
7135, Page 314 (Second Amendment to Lease), 3) by an agreement dated January, 1986,
also called an amendment and certified by the city clerk as being signed January 21,
1986 (Third Amendment to Lease, unrecorded), 4) by an amendment entitled
“Amendment to Lease Agreement,” endorsed by the Mayor on January 26, 1998
(Fourth Amendment to Lease, unrecorded; see Deed also signed by the Mayor on
January 26, 1998, recorded in said Registry in Book 19750, Page 159), 5) by amendment
entitled “Second Amendment,” dated May 11, 2000, recorded in said Registry in Book
22705, Page 320 (Fifth Amendment to Lease), 6) by amendment entitled “Third
Amendment to Lease,” dated July 25, 2016, recorded in said Registry in Book 55817,
Page 392 (Sixth Amendment to Lease), and by 7) amendment entitled “Fourth
Amendment to Lease,” dated September 14, 2017, and recorded in said Registry in Book
57862, Page 98 (Seventh Amendment to Lease);
09-02-2020 Finance Committee Meeting Minutes Page 5 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
WHEREAS, in 1997, the City and the Hospital negotiated the sale of certain land by
the City to the Hospital, including Parcel Two leased to the Hospital under the Lease,
and the release of a portion of the Hospital’s leasehold in Parcel One;
WHEREAS, on October 14, 1997, the Hospital’s Board of Trustees resolved to pay the
City Twenty-Four Thousand Five Hundred ($24,500) Dollars for the purchase of said
property and to release the Hospital’s leasehold in approximately 5.86 acres of said
Parcel One;
WHEREAS, the Amendment to Lease Agreement endorsed on January 26, 1998
(Fourth Amendment to Lease), specifically reduced the area being leased by the
Hospital to a parcel containing 2.16 acres, more or less;
WHEREAS, the City did convey said property to the Hospital by a Deed signed by the
Mayor on January 26, 1998 (the same day the Fourth Amendment was endorsed), and
recorded in said Registry in Book 19750, Page 159;
WHEREAS, in 2007, the City’s Planning Board granted the Hospital a Special Permit
dated October 9, 2007, to expand the Hospital’s parking facilities, said permit being
recorded in said Registry in Book 42418, Page 1;
WHEREAS, the Hospital did thereafter expand its parking facilities to an area that
exceeds the 2.16 acres leased by the City to the Hospital as part of the 1997 negotiations,
as commemorated in the Deed and the Fourth Amendment; and
WHEREAS the Parties now desire to resolve this pretermission;
NOW THEREFORE, in exchange for the mutual promises contained herein, and other
good and valuable consideration, the sufficiency of which the Parties affirm, the City
and Hospital agree as follows:
Article 1 of the Lease Agreement dated April 9, 1968 be amended to read as follows:
The Lessor leases to the Lessee the premises in the City of Gardner, County of
Worcester, Commonwealth of Massachusetts, described as follows:
A certain parcel of land situated in the City of Gardner, County of Worcester,
Commonwealth of Massachusetts bounded and described as follows:
BEGINNING at a point on the westerly sideline of Green Street at the northeasterly
corner of land now or formerly of Henry Heywood Memorial Hospital;
THENCE S69°06’14”W by land of said Henry Heywood Memorial Hospital one
hundred eighty and 09/100 (180.09’) feet to a point;
THENCE Northerly over land of the City of Gardner along a curve concave to the east
having a radius of eight hundred twelve and 50/100 (812.50’) feet, an arc length of three
hundred sixteen and 37/100 (316.37’) feet to a point;
09-02-2020 Finance Committee Meeting Minutes Page 6 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
THENCE N03°01’05”E over land of the City of Gardner two hundred twenty six and
86/100 (226.86’) feet to a point;
THENCE northerly over land of the City of Gardner along a curve concave to the west
having a radius of one thousand seven hundred eighty-seven and 50/100 (1,787.50’)
feet, an arc length of two hundred thirty-eight and 84/100 (238.84’) feet to a point;
THENCE N85°21’45”E over land of the City of Gardner one hundred eighty and 00/100
(180.00’) feet to a Worcester County highway bound on the westerly sideline of Green
Street;
THENCE Southerly by the westerly sideline of Green Street along a curve concave to
the west having a radius of one thousand nine hundred sixty-seven and 50/100
(1,967.50’) feet, an arc length of two hundred sixty-two and 89/100 (262.89’) feet to a
Worcester County highway bound;
THENCE S03°01’05”W by the westerly sideline of Green Street two hundred twenty
six and 86/100 (226.86’) feet to a point;
THENCE southeasterly by the westerly sideline of Green Street along a curve concave
to the east having a radius of six hundred thirty-two and 50/100 (632.50’) feet, an arc
length of two hundred forty-one and 24/100 (241.24’) feet to the point of beginning.
CONTAINING 3.13 Acres.
The remaining land in PARCEL ONE, as previously described in Article 1 of the April
9, 1968 Agreement, is released by the Lessee to the full ownership and control of the
City of Gardner (Lessor).
This description of the leased area set forth herein shall be binding on the parties
notwithstanding any prior revisions, agreements, or amendments to the Lease.
All other terms of the original Lease agreement, as amended from time to time, shall
remain in full force and effect until the end of the original lease term, which remains
April 8, 2067.
6-2 A Measure Authorizing an Easement Relocation Agreement Between the City of
Gardner and Massachusetts Electric Company (Ref: Finance Committee Agenda No. 6-1).
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier,
on call of the roll, it was voted to recommend that the City Council adopt the Easement
Relocation Agreement Between the City of Gardner and Massachusetts Electric
Company, attached hereto.
6-3 A Measure Authorizing a Grant of Easement to Massachusetts Electric Company for an
“OVERHEAD SYSTEM” and “UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM”
at 200 Catherine Street (Gardner High School).
Mr. Anderson said that he will review the City Solicitor’s correspondence and respond
later. He added that he would like to project completed before winter.
09-02-2020 Finance Committee Meeting Minutes Page 7 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
Councillor Walsh suggested that action be postponed until the next meeting. Mr.
Anderson agreed to the suggestion.
The Committee continued the matter until the next meeting.
GRANT OF EASEMENT
CITY OF GARDNER, a municipal corporation having a mailing address of 95 Pleasant
Street, Gardner, Massachusetts 01440, (hereinafter referred to as the Grantor), for
consideration of One ($1.00) dollar, grants to MASSACHUSETTS ELECTRIC
COMPANY, a Massachusetts corporation with its usual place of business at 40 Sylvan
Road, Waltham, Massachusetts 02451 (hereinafter referred to as the Grantee) with
quitclaim covenants, the perpetual right and easement to install, construct, reconstruct,
repair, replace, add to, maintain and operate for the transmission of high and low
voltage electric current and for the transmission of intelligence, lines to consist of, but
not limited to, three (3) poles and one (1) anchor, (which may be erected at different
times) with wires and cables strung upon and from the same and all necessary anchors,
guys, and appurtenances (hereinafter referred to as the “OVERHEAD SYSTEM”) and
“UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM” (hereinafter referred to as
the “UNDERGROUND SYSTEM”) located in Gardner, Worcester South County,
Massachusetts, consisting of lines of buried wires and cables and lines of wires and
cables installed in underground conduits, together with all equipment and
appurtenances thereto for the transmission of intelligence and for the furnishing of
electric service to the herein described premises and others, and without limiting the
generality of the foregoing, but specifically including the following equipment, namely:
manholes, manhole openings, bollards, handholes, junction boxes, transformers,
transformer vaults, padmounts, padmount transformers and all housings, connectors,
switches, conduits, cables and wires all located within the easement area of the
hereinafter described property.
Said “OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” are located in,
through, under, over, across and upon a certain parcel of land situated off the easterly
side of Blanchard Street, being more particularly shown as “PARCEL 2” shown on a
Plan of Land recorded with the Worcester South County Registry of Deeds in Plan
Book 399, Plan 67.
Said "OVERHEAD SYSTEM" is to be installed on Grantor’s property, which is located
off the easterly side of Blanchard Street, to consist of Pole p9-5, Pole p9-42, Pole P9-
41, Pole p9-4 and an anchor to be affixed to Pole p9.
And further, said “OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” (locations
of the electrical equipment and other facilities on the hereinbefore referred to premises
of the Grantor) are approximately shown on a sketch entitled: “Exhibit “A” Not Drawn
To Scale; The exact location of said facilities to be established by and upon the
installation and erection of the facilities thereof.; Easement Sketch For New Poles,
Anchors & Overhead Wires At 200 Catherine St, Gardner, Ma (Gardner High School);
Date: 05/21/2020; Designer: S.W. Soucy; Work Req# 28733033; nationalgrid,” a reduced
09-02-2020 Finance Committee Meeting Minutes Page 8 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
copy of said sketch is attached hereto as “Exhibit A”, copies of which are in the
possession of the Grantor and Grantee herein, but the final definitive locations of said
“OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” shall become established
by and upon the installation and erection thereof by the Grantee.
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, patrol and otherwise change said “OVERHEAD SYSTEM” and
“UNDERGROUND SYSTEM” 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 Grantee, its successors and assigns, and to clear and keep cleared the portions and
areas of the premises wherein the “OVERHEAD SYSTEM” and “UNDERGROUND
SYSTEM” are specifically located, as shown on the sketch herein referred to, of such
trees, shrubs, bushes, above ground and below ground structures, objects and surfaces,
as may, in the opinion and judgment of the Grantee, interfere with the efficient and
safe operation and maintenance of the “OVERHEAD SYSTEM” and “UNDERGROUND
SYSTEM” and other related electrical equipment. However, said Grantee, its successors
and assigns, will properly backfill said excavation or excavations and restore the surface
of the land to as reasonably good condition as said surface was in immediately prior to
the excavation or excavations thereof.
If said herein referred to locations as approximately shown on the sketch herein also
referred to are unsuitable for the purposes of the Grantee, its successors and assigns,
then said locations may be changed to areas mutually satisfactory to both the Grantor
and the Grantee herein; and further, said newly agreed to locations shall be indicated
and shown on the sketch above referred to by proper amendment or amendments
thereto. The Grantor, for itself, its successors and assigns, covenant and agrees with
the Grantee, for itself, its successors and assigns, that this Grant of Easement and the
location of the Overhead System and Underground System may not be changed or
modified without the written consent of the Grantee, its successors and assigns, which
consent may be withheld by the Grantee in its sole discretion.
It is the intention of the Grantor to grant to the Grantee, its successors and assigns, all
the rights and easements aforesaid and any and all additional and/or incidental rights
needed to install, erect, maintain and operate within the Grantor’s land an
“OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” for the transmission of
intelligence and for the purpose of supplying electric service for the building, buildings
or proposed buildings shown on the last herein referred to sketch or amended sketch
and the right to service others from said “OVERHEAD SYSTEM” and
“UNDERGROUND SYSTEM”.
It is agreed that the “OVERHEAD SYSTEM” and “UNDERGROUND SYSTEM” shall
remain the property of the Grantee, its successors and assigns, and that the Grantee, its
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 “OVERHEAD SYSTEM” and
09-02-2020 Finance Committee Meeting Minutes Page 9 of 10
CITY OF GARDNER, MASSACHUSETTS
CITY COUNCIL FINANCE COMMITTEE
MINUTES OF MEETING OF SEPTEMBER 2, 2020
“UNDERGROUND SYSTEM”.
For Grantor’s title, see an Order of Taking by the City of Gardner dated June 4, 1974,
recorded with the Worcester South District Registry of Deeds Book 5534, Page 255.
ADJOURNMENT
On a motion by Councillor James Walsh and seconded by Councillor Ronald Cormier, on call
of the roll, it was voted to adjourn at 12:37 p.m.
09-02-2020 Finance Committee Meeting Minutes Page 10 of 10
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