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Finance Committee

Regular Meeting

Gardner, MA · September 16, 2020

AgendaMinutes

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 P3 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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