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City Council

Regular Meeting

Leominster, MA · March 25, 2013

AgendaMinutes

Minutes

HEARING BEFORE THE CITY COUNCIL, MARCH 25, 2013 Hearing opened at 7:11 P.M. with Councillor Freda, Chair of the PUBLIC SERVICE COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 40-13 National Grid: Union Street - Install a singly owned pole beginning at a point approximately 300 feet southeast of the centerline of the intersection of Adams Street. Ken Dobie from National Grid said they are taking down a tree that has a guy wire attached to it and will set a new pole for that guy wire to support the line. No one in the audience spoke in favor or in opposition of this petition. No Councillors spoke. HEARING ADJOURNED AT 7:13 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 25, 2013 Hearing opened at 7:13 P.M. with Councillor Freda, Chair of the PUBLIC SERVICE COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 41-13 National Grid: Grant permission to excavate and install 140 feet of underground electric conduits from new P24, including the necessary sustaining and protecting fixtures under and across Whitney Street in accordance with a plan entitled “Whitney Street, Leominster MA” Plan #14441919. Ken Dobie from National Grid said with the bridge project the State is requiring them to remove the poles adjacent to both sides of the bridge. He said there is a business that is fed underground from a riser pole. The riser pole needs to be removed. The underground conduit has to be moved down the street and a new pole needs to be set adjacent to their parking lot on a temporary basis while the bridge is being fixed. Councillor Freda asked if it was agreeable. Mr. Dobie said yes. No one in the audience spoke in favor or in opposition to this petition Councillor Chalifoux Zephir asked if it was acceptable to the business. Mr. Dobie said yes. HEARING ADJOURNED AT 7:15 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 25, 2013 Hearing opened at 7:15 P.M. with Councillor Rowlands, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. Attorney George Watts and Daniel Barry from Alliance Energy were present. The following PETITION was the subject of the hearing: 42-13 George E. Watts for Mark Cosenza, Global Montello Group Corp., successor by merger: Amend the storage license for storage of inflammable fluids for the property located at 280 New Lancaster Road. 2 HEARING BEFORE THE CITY COUNCIL, MARCH 25, 2013, continued Councillor Rowlands read the recommendation from the Fire Chief which is on file in the City Clerk’s Office. Attorney Watts, said he is representing the applicant for the redo of the Mr. Mike’s facility at 280 New Lancaster Street. He said they have been through the Planning Board for approvals. This application is for the new fuel storage. The fuel storage will be larger than what is there. Everything will be completely removed and rebuilt. There will be a slightly different layout to improve the traffic pattern and a McDonald’s Restaurant will be added. It is a substantial increase in the activity that is going to be located there. The purpose tonight is to discuss the fuel storage which is going from 80,000 gallons to 85,000 gallons. There is an increase in the size of the truck stop that is part of the facility. Mr. Barry said there is 80,000 gallons there now of which 60,000 gallons is gas and 20,000 gallons is diesel. He said it will go to 38,000 gallons in gas and 47,000 gallons in diesel. Councillor Rowlands asked if there is an overnight facility at the truck stop. Mr. Barry said they certainly could. Councillor Rowlands asked what kind of capacity will there be for overnight/rest. Mr. Barry said total of 33 parking spaces. Attorney Watts said the physical layout of the site is increasing substantially. The existing truck fueling area is more towards the front so there is a limited area of truck parking which is going to be expanded. They picked up an additional piece of property which goes towards Route 190. It will be a substantial increase to the site. Councillor Freda asked if the increase was due to the traffic pattern being redone. Attorney Watts said the main entrance and exit from the redesigned site is just at the lights now, opposite Walmart. They have reoriented the gasoline pumps so there will be a better interior traffic flow. Councillor Freda said the traffic pattern going into Mr. Mikes, as the lanes are now, don’t seem to be coordinated with the lights. Attorney Watts said that is correct and on the new plan there are directed lanes and now you can go anywhere as soon as you get on the site. Councillor Chalifoux Zephir asked if there is one entrance and one egress for the whole site. Attorney Watts said correct. Councillor Cormier asked when the current infrastructure was put in. Attorney Watts said he believes the early 1990’s. Councillor Cormier asked if the big vault that was installed underground will be removed. Attorney Watts said everything will be removed. Councillor Cormier asked what kind of tanks will be going in. Mr. Barry said double walled fiberglass that will be electronically monitored 24/7. Councillor Rowlands asked how many pumps there will be for cars for regular gasoline. Mr. Barry said there are sixteen fueling positions up front for gasoline, diesel fuel is up front and trucks are in the back. Councillor Lanciani said the vault was a safeguard that the Health Department and the Fire Department requested when it was built. He said the Fire Department checked the regulations and the new regulations and the safety features being used and it gives them the opportunity to take it out now. Councillor Freda said the traffic patterns should be looked at. Councillor Cormier asked if the traffic light needs to be moved. Attorney Watts said no. Councillor Rowlands asked if the gas facilities going to be open 24/7. He asked where the delivery tanks will load and how they will maneuver. Mr. Barry showed them on the plan. He said there will be no closing or blocking areas. HEARING ADJOURNED AT 7:27 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council 3 REGULAR MEETING OF THE CITY COUNCIL, MARCH 25, 2013, continued Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present. The Committee on Records reported that the records through March 12, 2013 were examined and found to be in order. The Records were accepted. The following COMMUNICATION was received with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE Vt. 9 “yeas”. Upon recommendation of the FINANCE COMMITTEE the COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-100 Relative to the appropriation of $25,700.00 to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. (Finance) The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-101 Relative to the appropriation of $75,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-102 Relative to the appropriation of $5,000.00 to the City Council Expense Account; same to be transferred from the Excess and Deficiency Account. The following RE-APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. A letter was received from the Mayor to changed Michael Ciccolini appointment from an Alternate Member to a Permanent Member of the Board of Appeals. Board of Appeals – Michael Ciccolini – term to expire April 15, 2014 Board of Health - Jacalyn Lastella and Dr. Norman Gould - terms to expire April 15, 2016 Cable TV Advisory Board Commission- Kevin Fitzpatrick and Carl A. Piermarini -terms to expire April 15, 2015 Conservation Commission - Julia McKinney- term to expire April 15, 2016 Cultural Commission- Nona Ojala - term to expire April 15, 2016 Housing Authority - Karen Buckley - term to expire April 15, 2018 Library Board of Trustees - Gilbert Tremblay - term to expire April 15, 2016 Planning Board - Patrick Perla and Fred Fredricks - terms to expire April 15, 2018 Trust Fund Commission - Richard Bergman - term to expire April 15, 2016 Insect & Pest Control - Ralph Person - term to expire April 15, 2014 Supt. Gypsy & Brown Tail Moths - Ralph Person - term to expire April 15, 2014 Veterans Burial Agent - Richard Voutour - term to expire April 15, 2014 The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Emergency Management – Andrea Edwards – Shelter Unit Ben Boudreau – Rescue/EMS Unit Councillor Robert Salvatelli, Chairman of the Finance Committee, read the Financial Report for the City into the record. Account balances are as follows: Excess and Deficiency Account (Free Cash) $ 2,607,185.00 Stabilization Account $ 12,534,656.65 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-86 Relative to the appropriation of $12,000.00 to the Doyle Field Salary & Wages Account; same to be transferred from the Excess & Deficiency Account. ORDERED: - that the sum of Twelve Thousand Dollars ($12,000.00) be appropriated to the Doyle Field Salary & Wages Account; same to be transferred from the Excess & Deficiency Account. RE: Doyle Filed Administrator to be reimbursed by the Doyle Field Foundation. 4 REGULAR MEETING OF THE CITY COUNCIL, MARCH 25, 2013, continued C-87 Relative to the appropriation of $271,480.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Hundred Seventy One Thousand Four Hundred Eighty Dollars ($271,480.00) be appropriated to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Southeast School playground facility. The City will receive a 68% reimbursement from the State upon completion and acceptance of the project. ($184,606.00). C-88 Relative to the appropriation of $13,620.00 to the City Solicitor Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Thirteen Thousand Six Hundred Twenty Dollars ($13,620.00) be appropriated to the City Solicitor Expense Account; same to be transferred from the Excess & Deficiency Account. RE: City Council Zoning Committee related legal services. C-89 Relative to the appropriation of $24,175.00 to the Elections and Registration Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Twenty Four Thousand One Hundred Seventy Five Dollars ($24,175.00) be appropriated to the Election & Registration Expense Account; same to be transferred from the Excess & Deficiency Account. C-90 Relative to the appropriation of $208,750.00 to the Police Department Salary & Wages Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: - that the sum of Two Hundred Eight Thousand Seven Hundred Fifty Dollars ($208,750.00) be appropriated to the Police Department Salary & Wages Account; same to be transferred from the Collective Bargaining Expense Account. RE: FY 2013 Settlement costs related to the Police Officers and Police Superior Officers Agreement. C-91 Relative to the appropriation of $125,000.00 to the Snow & Ice Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of One Hundred Twenty Five Thousand Dollars ($125,000.00) be appropriated to the Snow & Ice Expense Account; same to be transferred from the Excess & Deficiency Account. C-92 Relative to the appropriation of $25,000.00 to the Snow & Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Snow & Ice Overtime Account; same to be transferred from the Excess & Deficiency Account. C-93 Relative to the appropriation of $94,324.00 to the Police Department Salary & Wages Prior Year Account; same to be transferred from the Police Department Salary & Wages Prior Year Account. ORDERED: - that the sum of Ninety Four Thousand Three Hundred Twenty Four Dollars ($94,324.00) be appropriated to the Police Department Salary & Wages Prior Year Account; same to be transferred from the Police Department Salary & Wages Prior Year Account. RE: Funding of Patrolmen’s Union Contract Settlement and Funding of Superior Officers Union Contract Settlement for Prior Year (FY2012). C-94 Relative to the appropriation of $1,500.00 to the License Commission Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of One Thousand Five Hundred Dollars ($1,500.00) be appropriated to the License Commission Expense Account; same to be transferred from the Excess & Deficiency Account. C-95 Relative to the appropriation of $5,000.00 to the Municipal Building Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Municipal Building Overtime Account; same to be transferred from the Excess & Deficiency Account. C-96 Relative to the appropriation of $12,100.00 to the Veteran’s Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Twelve Thousand One Hundred Dollars ($12,100.00) be appropriated to the Veteran’s Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. 5 REGULAR MEETING OF THE CITY COUNCIL, MARCH 25, 2013, continued Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0; Councillor Dombrowski abstained due to a possible conflict of interest. 7-13 Mark F. Albert: Accept Royal Oaks Way as a public way. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 40-13 National Grid: Union Street - Install a singly owned pole beginning at a point approximately 300 feet southeast of the centerline of the intersection of Adams Street. 41-13 National Grid: Grant permission to excavate and install 140 feet of underground electric conduits from new P24, including the necessary sustaining and protecting fixtures under and across Whitney Street in accordance with a plan entitled “Whitney Street, Leominster MA” Plan #14441919. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-97 Dean J. Mazzarella, Mayor: Amend Chapter 16-30 of the Revised Ordinances by deleting Schedule (c) (Schedules P1 thru P5) in its entirety and inserting in its place a new Schedule P by increasing salaries and wages of P-1 thru P-5 salaried positions 0% effective 7/1/2009, 0% effective 7/1/2010, 2% effective 7/1/2011, 2% effective 7/1/2012, 1% effective 1/1/13, 3% effective 7/1/13 and 3% effective 7/1/14. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 42-13 George E. Watts for Mark Cosenza, Global Montello Group Corp., successor by merger: Amend the storage license for storage of inflammable fluids for the property located at 280 New Lancaster Road. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. A letter from the Police Department was read and is on file in the City Clerk’s office. 43-13 Susan Chalifoux Zephir and Richard Marchand: Install a 4 way stop sign at the intersection of Lindell Avenue and Abbott Avenue. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 8/1; Councillor Freda opposed. Letter from the Department of Public Works and the Superintendent of Schools were read and are on file in the City Clerk’s office. 44-13 Richard Marchand and Susan Chalifoux Zephir: Request the Leominster Department of Public Works assess the status of sidewalks in the neighborhood of the School for Excellence Initiative located on Abbott Avenue and Lindell Avenue and submit a plan to install sidewalks where necessary. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 45-13 Richard Marchand and Susan Chalifoux Zephir: Request the Leominster Police Chief and his traffic department initiate action steps to mitigate speeding in the newly identified school zone located on Abbott Avenue with posting to also take place on Lindell Avenue. It is also requested that the current speed limit be assessed in said area and if necessary the school zone posting and reduction of speed be enforced with proper legislation submitted for the ordinance change if necessary. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 8/1; Councillor Rowlands opposed. Christopher Rivard: Grant a Transient Vendors License for the sale of flowers March through May 2013. Under Old Business, Councillor Marchand said he would like to know the status of the TIF’s that have been granted recently. He said he heard that one of the TIF’s is moving in the direction of being decertified. He said the company was awarded $500,000. Does the money come back to the City or how does it play out? Councillor Chalifoux Zephir asked the Chair of Small Business and Economic Development Committee, if he heard anything about any TIF’s being decertified. Councillor Dombrowski said he hasn’t heard anything about decertification. He said they got a handout from Lisa Marrone at the meeting but the one Councillor Marchand is talking about is not on there. Councillor Rowlands asked if it was the company that was converting to an LLC. If that is the case that amount of money might be the assessed value of the increase of the property they would pay taxes on. He said he didn’t think it was tax revenue of $500,000. 6 REGULAR MEETING OF THE CITY COUNCIL, MARCH 25, 2013, continued Council President Chalifoux Zephir said that she and the clerk will send an email to Lisa Marrone to ask her what the current status is on the TIF’s and if there is a TIF that is being looked at for decertification. She said she will get back to the Council with an answer. Councillor Lanciani extended a thank you for the DPW employees on the way they handled the winter cleanup this year. Councillor Dombrowski said the communication for the License Commission secretary prompts a concern to send a letter to the different departments that advertise for public hearings, special permits and licenses just to make sure the filing fees are covering the cost. Upon recommendation of the WAYS & MEANS COMMITTEE, the following ELECTION ORDER was CONFIRMED. Vt. 9 “yeas: CITY OF LEOMINSTER SPECIAL STATE PRIMARY ELECTION ORDER APRIL 30, 2013 ORDERED:-that the City Clerk be and she hereby is authorized and directed to notify and warn the voters of the City of Leominster to assemble in their respective polling places in the several wards and precincts of the City, designated by the City Council as follows: WARD 1A SKY VIEW MIDDLE SCHOOL, 500 KENNEDY WAY WARD 1B SKY VIEW MIDDLE SCHOOL, 500 KENNEDY WAY WARD 1C SKY VIEW MIDDLE SCHOOL, 500 KENNEDY WAY WARD 2A SOUTHEAST ELEMENTARY SCHOOL, 95 VISCOLOID AVENUE WARD 2B SOUTHEAST ELEMENTARY SCHOOL, 95 VISCOLOID AVENUE WARD 2C SOUTHEAST ELEMENTARY SCHOOL, 95 VISCOLOID AVENUE WARD 3A FRATERNAL ORDER OF EAGLES HALL, 456 LITCHFIELD STREET WARD 3B FRATERNAL ORDER OF EAGLES HALL, 456 LITCHFIELD STREET WARD 3C FRATERNAL ORDER OF EAGLES HALL, 456 LITCHFIELD STREET WARD 4A SENIOR CITIZEN DROP-IN CENTER, 5 POND STREET WARD 4B LEOMINSTER VETERANS’ QUARTERS, 100 WEST STREET WARD 4C LEOMINSTER VETERANS’ QUARTERS, 100 WEST STREET WARD 5A AUDITORIUM, CITY HALL, 25 WEST STREET WARD 5B AUDITORIUM, CITY HALL, 25 WEST STREET WARD 5C FIRST BAPTIST CHURCH OF LEOMINSTER, 23 WEST STREET On Tuesday, April 30, 2013 then and there for the purpose of giving in their votes for the election of candidates for the following office: Senator in Congress for the Commonwealth. And it is further ORDERED:- that the polls shall be opened at 7:00 A.M. and closed at 8:00 P.M. and that notice shall be given by publication of this order in a conspicuous place in the office of the City Clerk. Per Order Leominster City Council True Copy Attest: Lynn A. Bouchard, City Clerk The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for April 8, 2013 at 7:10 P.M. Vt. 9 “yeas” 1st Reading Ordinance – Amending Chapter 16-30 of the Revised Ordinances by deleting Schedule © (Schedules P1 thru P5) in its entirety and inserting in its place a new Schedule P by increasing salaries and wages of P-1 thru P-5 salaried positions 0% effective 7/1/2009, 0% effective 7/1/2010, 2% effective 7/1/2011, 2% effective 7/1/2012, 1% effective 1/1/13, 3% effective 7/1/13 and 3% effective 7/1/14. 7 REGULAR MEETING OF THE CITY COUNCIL, MARCH 25, 2013, continued The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for April 8, 2013 at 7:00 P.M. Vt. 9 “yeas” 1st Reading Ordinance – Amending Chapter 10 of the Revised Ordinances entitled “Hawkers and Peddlers” by amending the title of said chapter to “Solicitors, Hawkers and Peddlers” and deleting Sections 10-1 through 10-7 in its entirety and replacing it with new Sections 10-1 through 10-13 regulating persons or organizations engaged in soliciting or peddling in the City of Leominster through the issuance of a license by the Chief of Police. Upon recommendation of the SMALL BUSINESS AND ECONOMICAL DEVELOPMENT COMMITTEE, the following RESOLUTION was ADOPTED. This is an amended Resolution to replace the Resolution adopted March 12, 2013. Vt. 9 “yeas” RESOLUTION DESIGNATION OF 9 MOHAWK DRIVE – NEW ENGLAND WIRE PRODUCTS TAX INCENTIVE FINANCING (TIF) PROGRAM WHEREAS, the proposed Certified Project is located 9 Mohawk Drive, Leominster MA which is within the boundaries of the designated 9 Mohawk Drive Economic Opportunity Area. WHEREAS, the City of Leominster has agreed to offer New England Wire Products, a Tax Increment Financing (TIF) Agreement. Said Agreement is hereby approved by the City Council and the Tax Incrementing Financing Plan is incorporated by reference herein; WHEREAS, New England Wire Products will invest $3,500,000 over a twenty-four (24) month period, and create one hundred (100) permanent full-time jobs potentially for residents of the City and of the North Worcester County Economic Target Area (ETA) over a period of sixty (60) months. WHEREAS, the City Council of the City of Leominster strongly supports increased economic development to provide additional jobs for City residents, and industrial activity within the City to promote and develop a healthy economy and stronger tax base; NOW, THEREFORE, BE IT RESOLVED that the City Council of Leominster approves the Certified Project application for New England Wire Products, and forwards said application for certification to the Massachusetts Economic Assistance Coordinating Council for its approval and endorsement. FURTHER, the City Council of the City of Leominster authorizes the Mayor to enter into a Tax Increment Financing Agreement between the City of Leominster and New England Wire Products. Said agreement will provide for an exemption on property taxes based on the growth portion in assess valuation of the property as follows: PERSONAL PROPERTY With respect to personal property, the Tax Increment Financing exemption formula will NOT apply to all of the personal property owned and operated by New England Wire Products located at 9 Mohawk Drive / Assessor’s Map 466, Parcel 4, as the company is designated as a Massachusetts manufacturer. The City of Leominster has confirmed with the Department of Revenue that New England Wire Products is a designated manufacturer in the State of Massachusetts. Therefore, personal property tax is 100% exempt by having manufacturing status, also referred to as “M” designation. There is no additional or further exemption offered for personal property tax by the City of Leominster. This includes the exemption of their planned expenditure by New England Wire Products of $1,000,000 of machinery. REAL ESTATE The Agreement calls for an exemption from taxation specifically on the increased value of real estate property as a result of the redevelopment as follows in the table shown below. Based upon current year (FY13) tax rate with an estimated additional increased assessed value of $320,000, the savings in Year 1 of the Tax Increment Finance (TIF) program would be is $5,747.20 per year given the varying tax rate each year for an eight year (8) duration on a sliding downward scale (as detailed below). The real estate tax savings for the incremental increase in value of investment totals a tax savings of $25,862.40 for the entire duration of the TIF agreement. The offer is from 100% abatement in Year 1 on a sliding downward scale of -12.5% per year until year eight (8) on the incremental increase in property value assessment only. The table of tax abatement is as follows for the real estate tax exemption on the incremental increase of investment for $320,000. Year 1: July 1, 2013-June 30, 2014 100.00% of the increment $5,747.20 Savings Year 2: July 1, 2014-June 30, 2015 87.50% of the increment $5,028.80 Savings Year 3: July 1, 2015-June 30, 2016 75.00% of the increment $4,310.40 Savings Year 4: July 1, 2016-June 30, 2017 62.50% of the increment $3,592.00 Savings Year 5: July 1, 2017-June 30, 2018 50.00% of the increment $2,973.60 Savings Year 6: July 1, 2018-June 30, 2019 37.50% of the increment $2,155.20 Savings Year 7: July 1, 2019-June 30, 2020 25.00% of the increment $1,436.80 Savings Year 8: July 1, 2020-June 30, 2021 12.50% of the increment $ 718.40 Savings Pursuant to 402 CMR Economic Assistance Coordinating Council, this Agreement shall be binding upon subsequent owners of the property located at 9 Mohawk Drive, Leominster, MA 01453. Upon failure of New England Wire Products’ fulfillment of all material obligations specified in Section 3 under this Agreement, the City of Leominster reserves the right to apply to the Economic Assistance Coordinating Council for decertification of the project. 8 REGULAR MEETING OF THE CITY COUNCIL, MARCH 25, 2013, continued This Agreement is subject to MGL c 23A, §§ 3A through 3F inclusive, MGL c. 40, § 59; MGL c. 6A. In accordance with the requirements and regulations established which govern the implementation of such Tax Increment Financing Agreements. The agreement will be in effect as of Fiscal Year 2014 (July 1, 2013) and will extend for eight (8) years through Fiscal Year 2021 (June 30, 2021). ADOPTED BY THE LEOMINSTER CITY COUNCIL Date: March 25, 2013 /s/ Lynn A. Bouchard, City Clerk /s/ Dean J. Mazzarella, Mayor ______________________________________________ Under New Business, Councillor Rowlands requested that the status of the Animal Control Officer position be on the next agenda and would like to request an update from the Mayor as to what the status is. Councillor Freda requested the Council to look at Section 5.6 of the Charter. She said we haven’t done this for a number of years and according to the Charter we should. “The city council shall, at least once during each two-year term, hold a joint meeting with each multiple member body of the city for the purpose of sharing information and concerns. Where appropriate, the city council may meet with two or more multiple member bodies which deal with the same or related subject matters at the same meeting.” She said they should start having the boards come down maybe before a meeting. We are not communicating enough with these boards. The Council President said she, along with the City Clerk, will look into scheduling some of those. Councillor Marchand said as the Ways & Means Chair he will be scheduling a meeting with the Mayor hopefully for this coming week or April school vacation week at the latest. MEETING ADJOURNED AT 9:30 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council

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