City Council – 01/17/2012

DATE 01/17/2012
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

Below is the pasted journal for ADA Compliancy. See attachment to download the full version.

 

CITY OF WOBURN

JANUARY 17, 2012 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

 

VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, all in favor, 9-0.

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

A communication dated January 17, 2012 with attachments was received from His Honor the Mayor as follows:

 

President Paul Denaro and Honorable members of City Council:

 

Tonight, I am forwarding an order for City Council to accept a gift/grant from the WRA in the amount of $238,000.00 for the purposes of completing Phase I of the Mini Magazine Hill parking lot. As you may recall, the City Council recently approved the special permit for the construction of the parking lot.

 

The order requires one reading, and I am respectfully requesting your approval of the order tonight.

 

Thank you.

 

Respectfully, s/ Scott D. Galvin, Mayor

 

Attached thereto was the following communication and Order:

 

A copy of a communication dated January 12, 2012 from Edmund Tarallo, Planning Director, WRA Administrator to His Honor the Mayor Scott D. Galvin was received as follows:

 

Dear Mayor Galvin:

 

The Woburn Redevelopment Authority (WRA) voted at their meeting of January 10, 2012 to allocate to the City of Woburn a grant/gift in the amount of $238,000.00 to implement the first phase construction contract, and any change orders authorized by the WRA Administrator for the Mini-Magazine Hill Project. The vote stipulated that the interest on the grant funds shall remain with and become part of the grant account in accordance with M.G.L. Chapter 44, Section 53A, and that all funds not expended upon completion of the contract shall be returned to the WRA, and that the City shall provide the WRA with a monthly accounting of the expenses, and upon completion of the contract the City shall provide a complete financial accounting of the grant/gift.

 

Please, inform me of acceptance of the grant/gift as voted by the WRA, so that a check can be issued to the City of Woburn.

 

Sincerely, s/Edmund P. Tarallo, Planning Director/WRA Administrator

 

ORDERED     Be it ordered that the City of Woburn, in accordance with M.G.L. Ch. 44, Section 53A, accept the gift/grant or $238,000.00 from the Woburn Redevelopment Authority (WRA) for the purpose of implementation of the first phase construction of the Mini-Magazine Hill project.

 

I hereby approve the above: s/Scott D. Galvin, Mayor

 

s/President Denaro

 

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: January 19, 2012           s/Scott D. Galvin January 19, 2012

 

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ORDERED     That the sum of $20,000.00 be and is hereby appropriated as so stated from Unreserved Fund Balance Acct #01-359600 $20,000.00 to Historical Expenses Acct #0165054-558800 $20,000.00.

 

I hereby approve the above: s/Scott D. Galvin, Mayor

I have reviewed the above: s/Gerald W. Surette, City Auditor

 

s/President Denaro (per request)

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

 

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ORDERED     That the sum of $75,000.00 be and is hereby transferred as so stated from BLS Receipts Acct #31359-595000 $75,000.00 to Ambulance

Maintenance Acct #0122054-544300 $50,000.00, Apparatus Maintenance Acct #0122054-544400 $25,000.00.

 

I hereby recommend the above: s/Paul Tortolano, Chief, Fire Department

I hereby approve the above: s/Scott D. Galvin, Mayor

I have reviewed the above: s/Gerald W. Surette, City Auditor

 

s/President Denaro

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

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PUBLIC HEARINGS:  

On the petition by Shoebuy.com Inc., 101 Arch Street, Boston, Massachusetts 02110 for a special permit pursuant to Sections 5.1.57a and 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended, to allow for the overnight parking of commercial vehicles/commercial trailers at 36 Cabot Road. PUBLIC HEARING OPENED. A communication dated January 13, 2012 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Shoebuy.com Inc. – 36 Cabot Rd. – To allow for the overnight parking of commercial vehicles/commercial trailers pursuant to Sections 5.1.57a and  5.1.57b

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on January 10, 2012, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Shoebuy.com Inc., regarding the property at 36 Cabot Road, to allow for the overnight parking of commercial vehicles/commercial trailers pursuant to Sections 5.1.57a and  5.1.57b subject to the condition that not more than four storage/commercial trailers shall be allowed to park overnight in accordance with the plan “Proposed Parking Layout” Sheet PK-1 dated November 15, 2011” with a scale of 1”= 40’-0” subject to Conservation Commission approval. The plans being the same plans as approved for Peterson Party Center at the 36 Cabot Road site.

 

If members of the City Council have any questions or concerns regarding the foregoing recommendation, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A copy of a communication dated June 13, 2011 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 36 Cabot Road – Shoebuy, Overnight Parking of Commercial Vehicles Special Permit – Plan Dated November 15, 2011 – Special Permit Application Dated December 5, 2011

 

The applicant is seeking permission to allow for overnight parking of commercial vehicles at the above noted location.

 

Upon review of the site plan, the applicant indicates the location of where the commercial vehicles will be parked along with the number of vehicles.

 

After reviewing the special permit application, this office takes no exception to the special permit application as submitted.

 

If you or the board have any questions concerning this information, do not hesitate to contact this office.

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner seeks to park four commercial vehicles on the property overnight, that the petitioner has operated for eight or nine years on Draper Street and will move to this location, that the petitioner does not own the vehicles, that the vehicles are owned by UPS and are swapped out each day, that the petitioner does not own the property and would prefer not to be held up due to landscaping requirements as a tenant, and that the petitioner does not object that commercial vehicles on the property be registered. Alderman Mercer-Bruen stated that although she would like the vehicles to be registered in Woburn she understands that they are not owned by the petitioner, that she special permit should be for the petitioner only and not be transferable, and that an effort should be made to improve the landscaping at the locus. Alderman Anderson stated that they city should avoid having trailers permanently parked on the locus for extra storage, and that to ensure the vehicles are moved periodically the vehicles should be registered. President Denaro stated that there can be a requirement that all the vehicles be registered. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS

AMENDED, with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, 2. That the special permit is for Shoebuy.com Inc. only and shall not be transferable, and 3. All commercial trailers parked on the locus shall be registered, all in favor, 9-0.

 

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On the petition by McDonald’s USA, LLC, c/o Bohler Engineering, 353 Turnpike Road,

Southborough, Massachusetts 01772 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to modify a special permit that was issued on October 27, 2011 by adding a door and sidewalk on the south side of the restaurant, widening the Hill Street driveway by 3.5 feet, and replacing the concrete pad in front of the restaurant with a parking space and lawn area, at 333 Montvale Avenue. PUBLIC HEARING OPENED. A communication dated January 13, 2012 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: McDonald’s USA LLC – 333 Montvale Avenue – To modify October 27, 2011 Special Permit by allowing the addition of a door and sidewalk on the south side of the building, widening the driveway by 3.5’, and replacing the concrete pad in front of the building with a parking space and lawn

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on January 10, 2012, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of McDonald’s USA LLC, regarding the property at 333 Montvale Avenue to modify the decision of October 4, 2011 and certified October 27, 2011 to allow the addition of a door and sidewalk on the south side of the building, widening the driveway by 3.5’, and replacing the concrete pad in front of the building with a parking space and lawn by adding a condition 3 as follows:

 

3. That the approval shall allow the modifications as shown on the “Proposed Site Plan Modification” plan dated 12/02/2011 prepared by Bohler Engineering and that the plan of record shall be the “Site Plan” labeled Sheet C1 dated 08/24/2011 revised 9/15/11, 10/17/11, and 12/02/11 prepared by Bohler Engineering both plans are for the Applicant: McDonald’s USA, LLC, 333 Montvale Avenue, Woburn, MA.

 

If members of the City Council have any questions or concerns regarding the foregoing recommendation, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A copy of a communication dated January 9, 2011 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 333 Montvale Avenue – Alteration of an Existing Fast Food Restaurant Special

Permit – Special Permit Application Dated August 5, 2011 – Revised Plans

Dated December 2, 2011

 

The applicant is seeking permission to construct a dining room addition at the front of the building and vestibule additions on the side along with interior and exterior façade renovations.

 

Upon review of the special permit application and plans, there are some minor curbing modifications, the addition on a parking space and a proposed door and sidewalk on the southerly side of the building.

 

After reviewing the subject materials, this office takes no exception to the special permit application as submitted.

 

If you or the board have any questions concerning this information, do not hesitate to contact this office.

 

Appearing for the petitioner was Jim Giarrusso of McDonald’s USA, LLC and he stated that a door was added during construction as a second means of egress, that the petitioner wants to keep the door as a door in the front façade was removed, that a curbcut has been widended which has aided in traffic flow, that the petitioner wishes to eliminate a  concrete pad that used to be the location of a payphone and create a new parking space in its place, and that the door will be handicapped accessible. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 90. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the condition as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, all in favor, 9-0.

 

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On the petition by Northeast Tree, Inc. 60 Louanis Drive, Reading, Massachusetts 01867 for a special permit pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Section 5.1.42 to allow for the interior storage of equipment, 2. Section 5.1.43 to allow for the outside storage of new or used building materials and equipment, 3. Section 5.1.45 to allow for the sale of chippers, and 4. Section 5.1.57b to allow for accessory parking of commercial vehicles and equipment, and for a First Class Motor Vehicles Sales Licenses, at 62 Holton Street. PUBLIC HEARING OPENED. A communication dated December 16, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Northeast Tree, Inc. – 62 Holton Street – To allow for the interior storage of equipment; the outside storage of new or used building materials and equipment; the sale of chippers; and the accessory parking of commercial vehicles and equipment pursuant to Sections 5.1.42, 5.1.43, 5.1.45, and 5.1.57b

   

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on December 13, 2011, the Planning Board voted to send an unfavorable recommendation to the City Council on the Special Permit application of Northeast Tree, Inc., to allow for the interior storage of equipment; the outside storage of new or used building materials and equipment; the sale of chippers; and the accessory parking of commercial vehicles and equipment pursuant to Sections 5.1.42, 5.1.43, 5.1.45, and 5.1.57b regarding the property at 62 Holton Street, because of the inadequate infrastructure on Holton Street.

 

If members of the City Council have any questions or concerns regarding the foregoing recommendation, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A copy of a communication to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 62 Holton Street, Parking of Commercial Vehicles, Building Equipment, Storage

Equipment Sales, outside storage Special Permit – Special Permit Application Dated November 14, 2011 – Site Plan dated

 

This office has reviewed the special permit application for the above referenced location and offers the following comments.

 

The petitioner is seeking permission to allow for the accessory parking of commercial vehicles, sale of chippers, outside storage of building materials and interior storage of equipment.

 

The accompanying site plan shows the approximate location of the firewood and much storage. The plan does not indicate where the overnight, accessory parking and loam will be located. Additionally, the plan should indicate if there will be any proposed improvements to the site such as pavement and drainage.

 

This information will need to be shown on the plans and submitted to this office for review.

 

If you or the board have any questions concerning this information, do not hesitate to contact this office.

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is located in the I-G zoning district, the a special permit is required to operate the business, that the building was constructed in 1979, that the building has 10,800 square feet in gross floor area, that the building has been used as a warehouse since 1979, that the petitioner has operated as a family business since its founding in 1975, that the petitioner provides residential and commercial tree service, that the principal owner is Jim Flaherty and he has been in the business for 42 years, the eight of his nine children are also in the business,  that chippers will be brought to customer locations for demonstration and if purchased the chipper would be delivered to the customer, that the petitioner will also sell bark mulch, that the petitioner will store fourteen to twenty vehicles on the locus including bucket trucks, cranes and chipper trucks, that there will be twelve to fifteen employees on the premises daily, that there will be three office employees, three seasonal employees and nine employees who provide tree service, that the hours of operation are Monday through Friday 7:00 a.m. 8:00 p.m., Saturday from 8:00 a.m. to 5:00 p.m. and no hours on Sunday except in an emergency, that between 7:30 a.m. and 8:00 a.m. seven to eight trucks leave the premises during the half-hour period, that the trucks return to the locus at approximately 7:00 p.m., and that some of the petitioner’s vehicles were parked on the locus but the petitioner was not operating the business from this location while this petition is pending. Attorney Tarby offered an aerial view of the locus and photographs of the chippers for review by the City Council. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Jim Fitzpatrick of Northeast Tree, Inc. stated that the biggest piece of equipment is a sixty ton crane approximately thirty feet in length, that the crane has a smaller turning radius than a tractor trailer, that the petitioner has six-wheel dump trucks and the longer vehicles have ten wheels, that the petitioner will store firewood and bark mulch on site, that there may be logs stored on site but not building materials, that the employees have a mixture of cars and trucks that will come to the site each workday, that the staff is out in the field doing tree work each day, that the business currently operates on Salem Street, that as soon as they learned that they should not be operating at the locus until the special permit was granted they removed their vehicles from the site, that the petitioner has a purchase and sale agreement for the property and will purchase the property if the special permit is granted, that the petitioner will continue to operate at the Salem Street site as well as the locus, that the majority of the petitioner’s vehicles will move to the Holton Street location, and that they will continue the chipping operations at the Salem Street location unless Holton Street can accommodate the chipping work. Alderman Mercer-Bruen stated that she wants photographs of each piece of equipment as well as registration numbers, that other businesses have begun operations at this particular site without benefit of a special permit, that she is concerned about the size of the vehicles which would have to travel on Holton Street, and that she is also concerned that some of the conditions on the petitioner’s operations on Salem Street have not always been adhered to by the petitioner. Alderman Gately stated that since the petitioner will own the property it will be more inclined to operate the business in compliance with the special permit than a tenant might be. Alderman Anderson stated that he would like the petitioner to consider scaling back the operations at the Salem Street location if this special permit is granted. IN FAVOR: Paul Meaney, Woburn Business Association, Ten Tower Office Park, Woburn stated that the WBA is in favor of the petition, that the petitioner will have an owner occupied business which is significant, that the prior business at this location was going to store asbestos on site for later pick up, that the petitioner’s operation is different in that only wood and chippers will be stored on site and not something as harmful as asbestos, and that the Planning Board erred in finding that this petition was the same as a prior petition for the locus. Veronica Andrews, 164 Green Street stated that the petitioner is a neighborhood business, that the petitioner is aware of the conditions in that area of the city, that the petitioner has had no complaints filed against it at the Better Business Bureau, and that she supports the petition. Robert Andrews, 164 Green Street stated that the petitioners were raised in Woburn, that the petitioner has provided assistance to the city when he was tree warden, and that he is in favor of the petition. Joseph Wells, 45 Harrison Avenue stated that he has done business with the petitioner, and that the petitioner is a Woburn resident who wants to improve the property and run a good business. Tom Brady, Hiawatha Road stated that this petition is different than earlier petitions for the property despite the considered opinion of the Planning Board, that the Sealcoat business was a 24-hour operation, that the NASDI petition had 65 vehicles operating all day long, that the petitioner has 14 vehicles, that the petitioner has been in business for 35 years, that the Salem Street site is in good condition compared to similar businesses, and that the petitioner is a small family owned business that wants to continue operating in the city. OPPOSED: None. Motion made and 2nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON FEBRUARY 7, 2012 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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On the petition by President Paul Denaro to amend the 1985 Woburn Zoning Ordinances, as amended, by deleting the first sentence under Paragraph 3.3.2 under Section 23 Commerce Way Corridor Overly District and replacing same with the following: A Concept Review Committee shall be established by the Woburn City Council and shall be comprised of three members of the City Council and two members of the Planning Board. [NOTE: For a full recitation of the ordinance see City Council Journal dated

December 6, 2011.] PUBLIC HEARING OPENED. A communication dated January 12, 2012 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: City Council President Paul Denaro – Zone Change – To amend Section 23 Commerce Way Corridor Overlay District by deleting the first sentence under

Paragraph 3.3.2 and replacing same with the following: “A Concept Review Committee shall be established by the Woburn City Council and shall be comprised of three members of the City Council and two members of the Planning Board.”

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on January 10, 2012, the Board voted to forward a favorable recommendation to the City Council to amend Section 23 Commerce Way Corridor Overlay District by deleting the first sentence under Paragraph 3.3.2 and replacing same with the following: “A Concept Review Committee shall be established by the Woburn City Council and shall be comprised of three members of the City Council and two members of the Planning Board.” because this will allow the committee to be of a smaller size in that it is a working committee intended to be a subcommittee of both bodies. Furthermore, that a Special Permit by the City Council that would follow this Committee’s work, could defeat a proposal based on 4 votes having equal to or greater representation by the City Council prior to the public hearing may jeopardize the public hearing process.

 

If you have any questions or concerns regarding this matter, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Alderman Mercer-Bruen stated that this amendment provides a good balance on the review committee and will not bog down the process. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: January 19, 2012           s/Scott D. Galvin January 19, 2012

 

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On the petition by Seaver Properties LLC, a landowner affected by the change, to amend the 1985 Woburn Zoning Ordinances, as amended, by amending section 5 Notes to 5.1 Table of Use Regulations by adding a note 25 relative to automobile and truck repair garages located in a S-1 Zoning District and to amend Section 5.1, line 44, Table of Use Regulations by replacing the “-“ with a “P” in the S-1 Zoning District and inserting:  Note 25 under the heading:  “Notes; Other Sections” [NOTE: For a full recitation of the ordinance see City Council Journal dated September 20, 2011.] PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner seeks to amend the zoning code relative to automobile and truck garages in the S-1 zoning district, that the particular parcel is located in the S-1 zoning district and has been vacant for 25 years, that a special permit will be required if the zoning amendment is adopted, that the prospective owner will seek to locate at 300 Cambridge Road with a special permit if the zoning amendment is approved, that the subject property was at one time an auto repair facility, and that the proposal includes limitations on the type of vehicles that can be repaired, the size of the lot, the distance from residences and there must be frontage on a state highway which is more restrictive than simply adding this as a use in the S-1 zoning district. Alderman DiTucci stated that she is fully in support of this proposal, that the prospective purchaser has held several meetings with residents on both sides of Cambridge Road, that after meeting with the prospective purchaser and operator of the auto repair facility the consensus was that this will be an improvement to the area, that additional amendments will be offered so that this provision does not impact other areas of the city, that the other option is to do nothing, that the subject property has been vacant for 25 years, that she has been working with the current owner to clean up the property, that the owner has been responsive to the concerns, that the owner does not want to make a large investment in the property because he is trying to sell the property, that any oil changes at the site are highly regulated and the oil will be disposed of appropriately, that any subsequent special permit that issues for this use will be heavily conditioned, that if this was a simple zoning change without a special permit requirement then she would not advocate in favor of the proposal, and that the special permit provision allows the city to control the property. Alderman Mercer-Bruen stated that she is concerned about this use which is surrounded by an office building, the country club and residences, that once this amendment is approved then any automobile repair facility can locate at the subject property and not necessarily the prospective purchaser, that the current owner has owned the property for two years and has taken no action to clean up the property, that oil changes repairs can be conducted at the locus, that she is concerned about locating this industrial use at 300 Cambridge Road, and that she wants assurances from the Ward One and Ward Seven Aldermen that changing this zoning amendment to allow auto repair without consideration of the potential Mercedes Benz clientele is acceptable to them. Alderman Drapeau stated that this property has been on the market for quite some time, that there are significant limitations which have prevented the property from being developed, that the neighbors were initially opposed to the petition but after meeting with the prospective owner they have changed their position on the petition, that an eventual special permit for this use at the property will be an impact for the area, that the petitioner indicated a willingness to accept a condition that he will only work on Mercedes Benz vehicles at the property, that he is in favor of the proposal, and that the proposed use of the property cannot be defined as a dealership. Alderman Anderson stated that he was initially strongly opposed to the proposal, that he has reviewed the language and made the amendment stricter, and that for example the use will only be allowed where the property was previously used for auto repair so that an office building for example cannot be converted to an auto repair facility. Alderman Gately stated that he is comfortable with the ordinance change in view of the proposed further amendments and the special permit requirement. IN FAVOR: A communication dated January 8, 2012 was received from Donald J. Halpin, 269 Cambridge Road, Unit 702 in favor of the petition. OPPOSED: A petition dated December 5, 2011 was received from twenty-two residents of Crescent Park in opposition to the petition. Ed Crowley. 6 Loves Lane stated that this property is located on a State highway, that parts of Main Street are also a State highway and parcels along Main Street on the S-1 zoning district may be open to this use, that the subject building is not a rambling wreck of a building, that there are many illegal signs erected at the location that are a bigger concern, that sometimes doing nothing is a valid consideration, that he is the former Ward Seven Alderman, that many vehicles are crowded into auto repair facilities in the city, that banners are not permitted at auto dealers but that are still seen in the city, that parts cars will come to the locus, that the highest and best use of the subject parcel for the city and beautification is a two-family house with an entrance on Country Club Road, that as a realtor he can say that the property was not properly marketed, and that the auto repair facilities located on Winn Street are not aesthetically pleasing. Mildred Polcaro, 6 Manning Street stated that if this is allowed she wants enough restrictions to protect her neighborhood, and that she does not want the impression created anyone can come in and change the zoning code. Anita Mason, 544 Main Street stated that this proposal allows future petitioners to circumvent the zoning ordinances by tailoring a change for a particular site, and that the integrity of the city’s zoning is now in question. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the matter be taken from Committee on Ordinances and the ORDER be ADOPTED, AS AMENDED, so that the Ordinance shall read as follows:

 

Be it Ordained by the City Council of the City of Woburn that the 1985 City of Woburn Zoning Ordinance, as amended, be further amended as follows:

 

  1. Amend section 5 Notes to 5.1 Table of Use Regulations by adding the following note:

 

25. The Granting of a Special Permit for automobile and truck repair garages located in a S-1 Zoning District shall be subject to the following conditions:

 

    1. The repair facility shall have frontage on a State numbered road under the jurisdiction of MassHighway for design, construction, and maintenance as of January 1, 2012.
    2. The repair facility shall only be allowed at a location where a repair facility was once located;
    3. Repairs shall be limited to automobiles; No repairs shall be allowed on vehicles, SUVs and light trucks weighing in excess of 10,000 pounds.
    4. The square footage of the repair facility shall not exceed 2,000 square feet.
    5. No portion of the structure shall be located within forty (40) feet of a residential dwelling.
    6. Automobile and truck repair garages located in an S-1 Zoning District shall require a special permit from the City Council pursuant to the provisions of this Note 25 and the requirements of Section 11.
    7. The Council shall also impose such additional conditions of those specified in this Ordinance as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this Ordinance, including but not limited to the following:  Screening, buffers, or planting strip, fences, or walls, as specified by the Council modification of the exterior appearance of the structure; method and time of operation, or extent of facilities; regulation of number and location of drives, accessways, or other traffic features, and off-street parking or loading, or other special features beyond the minimum required in the Ordinance.
    8. All signage shall comply with the requirements of Section 13.

 

  1. Amend Section 5.1, line 44, Table of Use Regulations by replacing the “-“ with a “P” in the S-1 Zoning District and inserting:  Note 25 under the heading:  “Notes; Other Sections”

 

8 in favor, 1 opposed (Mercer-Bruen opposed).

Presented to the Mayor January 19, 2012 and ten days having elapsed without same being approved, said Order became effective without his signature on January 31, 2012.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petition by Ali A. Saleb dba Metro Cab Service, 21 Cummings Park, Suite 224, Woburn requesting that the name of his company be changed to Woburn Metro Cab. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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Petition by Boys and Girls Club of Woburn, Inc., Charles Gardner Lane, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.14 of the 1985 Woburn

Zoning Ordinances, as amended, to conduct a six-day carnival from May 15 through May

20, 2012 at the National Amusements (Showcase Cinema) site at 25 Middlesex Canal Park Drive. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 abstained (Haggerty abstained). *************************

Petition by Motive Auto Works, Alberto Rodriguez, 35 Wyman Street, #105, Lynn,

Massachusetts 01905 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn

Zoning Ordinances, as amended, to allow an automobile and truck repair garage at 21-V Olympia Avenue. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Motion Industries Inc., 11 Cabot Road, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.42 and 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended, to operate a wholesale business and for accessory parking of commercial vehicles for no more than three (3) vehicles at 35 Industrial Parkway. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated January 13, 2012 with attachment was received from Thomas C. Quinn, Jr., Building Inspector, Department of Inspectional Services, was received as follows:

 

Re: 62 Holton Street

 

With regard to the above attached you will find a copy of the letter relative to your request to send a communication to North East Tree for operating without the benefit of a Special Permit.

 

If there are any questions you may have with this matter as always do not hesitate to contact me.

 

Motion made and 2nd that the  MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated January 13, 2012 was received from State Senator Kenneth Donnelly as follows:

 

Dear William,

 

I am contacting you to let you know about a meeting being held by the Double Poles Subcommittee on January 18. I am reaching out to you as a community leader who lives or works in a community that has a considerable amount of double poles. Double poles have increasingly become a problem throughout the Commonwealth, creating eyesores and safety hazards. It is the goal of this subcommittee to bring diverse stakeholders together to find a solution to this problem.

 

The aims of this subcommittee include:

·    Increasing the speed of double pole removal and what we as legislators can do to encourage the removal of unnecessary utility poles.

·    Identifying tools and best practices to track pole removal.

·    Creating a final report to TUE Chairs with recommendations for more efficient double pole removal.

 

Solving this problem will require a multi-prong approach identifying the most affected areas, meeting with utility and telecommunications companies, and municipalities, as well as reviewing current legislation.

 

The meeting will be held January 18 at 1pm in Room 348 of the State House.  The

Subcommittee has invited various municipalities, the Department of Public Utilities, the Department of Telecommunications, Telephone Workers and the Massachusetts Municipal Association.

 

If you  are interested in participating, please contact Kathryn Grogan  via email or phone at (617) 722-1432 or [email protected]

 

I hope you can attend.

 

Best Wishes, s/Ken Donnelly

 

Alderman Haggerty stated that the concern of double poles has been an issue throughout the city, and that he cannot attend the meeting but a communication should be forwarded to the Mayor requesting that a representative of the city attend the hearing to voices the concerns of the city relative to the issue. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0. Motion made and 2nd that a communication be forwarded to the Mayor requesting that a representative of the city be sent to speak relative to the double pole issue and ask that the Commonwealth to take any and all action to remedy the issues, all in favor, 9-0.

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS: 

 

A communication dated January 9, 2012 was received from His Honor the Mayor as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Carolyn

Turner, 13 Utica Street, to the Woburn Planning Board, subject to confirmation by the City Council, with a term to expire April 30, 2016. Ms. Turner’s appointment replaces Martin J. McGah, 20 Highest Avenue, whose term expired.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.

 

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A communication dated January 9, 2012 was received from His Honor the Mayor as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint David S. Ryan, 17 Hart Street, to the Woburn Redevelopment Authority, subject to confirmation by the City Council with a term to expire Dec. 31, 2016. Mr. Ryan’s appointment replaces Lorrin Ferlisi, 5 Highview Road, whose term expired.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.

 

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A communication dated January 9, 2012 was received from His Honor the Mayor as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint John D.

Ray, 22 Water Street, to the Woburn Board of Appeals, subject to approval by the City Council, with a term to expire May 31, 2014. Mr. Ray’s appointment replaces Kenneth Summers, 6 Bartlett Drive, whose term expired.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.

 

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A communication dated January 10, 2012 was received from His Honor the Mayor as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Michael P. Bonish, 2 Majority Lane, to the Woburn Golf and Ski Authority, subject to confirmation by the City Council with a term to expire Dec. 31, 2017. Mr. Bonish’s appointment replaces Charles Culhane, whose term expired.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.

 

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A communication dated January 10, 2012 was received from His Honor the Mayor as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Joseph McDonough, 78 Harrison Avenue, to the Woburn Board of Cemetery Commissioners, subject to confirmation by the City Council with a term to expire March 30, 2016. Mr. McDonough’s appointment replaces Stephen R. Braese, whose term expired.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.

 

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A communication dated January 16, 2012 was received from His Honor the Mayor as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint John J. Ryan III, 12 Myrtle Street, to the Woburn Board of Appeals, subject to approval by the City Council, with a term to expire May 31, 2012. Mr. Ryan’s appointment replaces Joseph V. Leary, whose term expired.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That Rule 20 of the Rules and Order of the City Council be amended by deleting the present Rule in its entirety and inserting in its place the following:

 

Rule 20. Standing committees

 

The following standing committees shall consist of five Aldermen: a. Finance; b. Infrastructure and Public Lands; c. Ordinances, Charter and Rules; d. Public Safety and License; e. Special Permits.

 

The following standing committees shall consist of three Aldermen: a. Audits and Accounts; b. Personnel.

 

The Committee on Liaison shall consist of all nine Aldermen with the President serving as chairman.

 

Appointments shall be made to all Committees by the President as soon after the organization of the City Council as possible.

 

A quorum of any committee shall consist of a majority of its members.

 

The President shall appoint one Alderman as Liaison to the following boards and commissions as soon after the organization of the City Council as possible: Conservation Commission; Council on Aging; Golf & Ski Authority; Handicapped Commission; Historical Commission; Recreation

Commission; School Building Committee; School Committee; Woburn Housing Authority; Woburn Public Library; Woburn Redevelopment Authority.

 

s/President Denaro

 

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

 

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ORDERED    That the City Clerk forward a communication to the Governor, the City of

Woburn’s State Delegation, the Massachusetts Department of Transportation and the Massachusetts Bay Transit Authority in substantially the form attached hereto in opposition to the proposed fare increases and service reductions of the MBTA.

 

Attached thereto was the following communication:

 

Office of the Governor

The Honorable Deval L. Patrick

Massachusetts State House – Room 280

Boston, MA 02133

 

The Honorable Kenneth J. Donnelly, Senator

Massachusetts State House – Room 413D

Boston, MA 02133

 

The Honorable James J. Dwyer, Representative

Massachusetts State House – Room 254

Boston, MA 02133

 

The Honorable Jay R. Kaufman, Representative

Massachusetts State House – Room 34

Boston, MA 02133

 

Richard A. Davey, Secretary

Massachusetts Department of Transportation

10 Park Plaza, Suite 4160

Boston, MA 02116

 

Jonathan R. Davis, Acting General Manager

Massachusetts Bay Transit Authority

10 Park Plaza, Suite 3910

Boston, MA 02116

 

Re: Opposition to Proposed MBTA Fare Increases and Service Reductions

 

Dear Governor Patrick, Senator Donnelly, Representative Dwyer, Representative Kaufman, Secretary Davey and General Manager Davis:

 

We write to you today to express our complete disagreement with the potential Massachusetts Bay Transit Authority fare increases and service reductions that will adversely affect the City of Woburn.

 

While we recognize the budgetary challenges the MBTA faces, we are also of the opinion that bus service in Greater Boston is being disproportionately targeted with cuts in service.   The routes currently provided by the MBTA in and around Woburn, including service to downtown Boston, are well travelled and any interruption, suspension or termination of service or, in the alternative, substantive fare increase would have a substantial detrimental impact on our community.

 

The commuters of the City of Woburn deserve an affordable, reliable and convenient means to travel in and out of Boston. These men and women travel to Boston and the surrounding areas to conduct business and provide for their families. The proposed fare increases and service reductions will have a major impact on the pocketbook of our commuters. Not only will these commuters have less money to spend in Woburn, as well as the community they are travelling to, but they will also have fewer resources to meet their day-to-day household living expenses.

 

The City of Woburn plays a critical role in the economic engine of the North Shore of Massachusetts. We are at the intersection of two major Interstates where commuter services play a critical role in providing access to the Commuter Rail, Alewife, major shopping malls and the Middlesex County Superior Court and Woburn District Court, among other places.  We believe the proposed cuts in service will have an undesirable economic impact on Woburn and the Greater Boston area at large. Tens of thousands of Massachusetts’s citizens come to Woburn each day to work and conduct commerce. Those who currently take the bus will be forced to travel by car, which will strain our states infrastructure and pollute our planet.

 

The commuters, students and senior citizens of Woburn use our bus routes to travel around our state, arrive safely at our universities, visit friends and family, attend their medical appointments and to access our municipal services and courts. Both the State of Massachusetts’ and the City of Woburn’s economies rely in part on its workers and citizens having a reliable, affordable and convenient means of transportation.

 

We implore the Massachusetts Bay Transit Authority, State Department of

Transportation and our elected officials to come together to find a sensible alternative to the current proposals. We look forward to working with you to find common sense reforms that will protect the interest of Woburn and strengthen the Massachusetts Bay Transit Authority’s long-term financial outlook.

 

We appreciate your consideration.

 

Alderman Haggerty stated that these public hearing are a starting point relative to MBTA rates and service changes, that the greater Boston area is being disproportionally affected by the proposed cuts to bus service, that Woburn’s competitiveness is at risk if bus service is limited, and that these proposed reductions in service and proposed fare increases will significantly impact the city. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: January 19, 2012           s/Scott D. Galvin January 19, 2012

 

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RESOLVED WHEREAS, a Bill has been proposed in the Massachusetts Legislature entitled “An Act Relative to the Meals Tax Holiday;” and

 

WHEREAS, the proposed Bill seeks to provide an annual statewide Meals

Tax Holiday for the days of March 20-26; and

 

WHEREAS, the proposed Bill does not apply to the “Local Option Meals

Tax;” and

 

WHEREAS, historical data suggest that the third week of March is the slowest week for the restaurant industry in Massachusetts; and WHEREAS, the traditional Sales Tax Holiday does not apply to restaurants; and

 

WHEREAS, a suspension of the statewide Meals Tax for that week should provide an incentive for increased restaurant business; and

 

WHEREAS, the City of Woburn has a significant number of businesses that would benefit from a suspension of the statewide Meals Tax and the resulting increase in restaurant business;

 

WHEREAS, the Proposed Bill states:

 

An Act Relative to the Meals Tax Holiday:

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

Section 1.  Notwithstanding any general or special law to the contrary, for the days of March 20-26, of each year, inclusive, the tax imposed upon meals pursuant to  chapter 64H of the General Laws, as most recently amended by section 157 of chapter 27 of the Acts of 2009, shall be suspended.

 

Section 2.  Notwithstanding any general or special law to the contrary, for the days of March 20-26, of each year, a restaurant in the commonwealth shall not add to the sales price or collect from a customer an excise upon sales of meals.  The commissioner of revenue shall not require any restaurant to collect and pay excise upon sales of meals purchased on March 20-26, of each year.  An excise erroneously or improperly collected during the days of March 20-26, of each year, shall be remitted to the department of revenue.

 

Section 3.  Reporting requirements imposed upon restaurants by law or regulation, including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales on the days of March 20-26, of each year.

 

Section 4.  On or before December 31, of each year, the commissioner of revenue shall certify to the comptroller the amount of sales tax forgone, as well as new revenue raised from person and corporate income taxes and other sources, pursuant to this Act.  The commissioner shall file a report with the joint committee on revenue and the house and senate committees on ways and means detailing by fund the amounts under general and special laws governing the distribution of revenues under Chapter 64H of the General Laws which would have been deposited in each fund, without this act.

 

Section 5.  The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary for the implementation of this act.

 

Section 6.   No part of this act shall affect the provisions of chapter 64L of the General Laws, as most recently added by section 60 of chapter 27 of the acts of 2009.

 

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOBURN:

 

  1. That the City Council of the City of Woburn supports An Act Relative to the Meals Tax Holiday;

 

  1. That Said Resolve shall be forwarded to our State Delegation consisting of Representatives James J. Dwyer and Jay R. Kaufman and Senator Kenneth J. Donnelly.

s/Alderman Anderson and Alderman Haggerty

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

Presented to the Mayor January 19, 2012 and ten days having elapsed without same being approved, said Order became effective without his signature on January 31, 2012.

 

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RESOLVED Whereas, the Council Chamber in Woburn City Hall is used by many boards and commissions that hold public meetings and public hearings, including, but not limited to, the City Council, the Board of Appeals, the

Planning Board, the Conservation Commission, and the Traffic

Commission; and

 

Whereas, the Council Chamber serves as the location for many public events, hearings and other community meetings; and

 

Whereas, the lack of air conditioning in the Council Chamber has a detrimental effect on the city boards and commissions as well as members of the public while considering matters of public importance during warmer weather; and

 

Whereas, air conditioning is now common and expected in most settings;

 

Now, therefore, be it resolved by the City Council of the City of Woburn that a communication be directed to His Honor the Mayor and the Superintendent of Public Works requesting that consideration be given to installing air conditioning in the Council Chamber as soon as practicable.

s/Alderman DiTucci

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

Presented to the Mayor January 19, 2012 and ten days having elapsed without same being approved, said Order became effective without his signature on January 31, 2012.

_________________________

 

Motion made and 2nd to suspend the rules for the purpose of adding the following late filed matters to the Order of the Day, all in favor, 9-0.

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A communication dated January 17, 2012 with attachment was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear President Denaro and Members of the City Council:

 

I am pleased to announce that today the City was awarded a $500,000.00 PARC grant for recreational purposes at Whispering Hill.

 

As a condition of the grant, I am forwarding a request for a bond authorization of $876,000.00 to cover the total eligible project cost for the development of a new park that includes a multipurpose natural turf field, a parking area and the restoration of an existing garage into a storage facility. Upon completion of the project, the City will be reimbursed for the grant amount of $500,000.00.

 

I would like to recognize Planning Board Director Ed Tarallo, City Planner Erin Rowe Wortman, and City Engineer Jay Corey for their thorough work in filing the grant, as well as our state legislative contingency of Jim Dwyer, Jay Kaufman and Ken Donnelly for their support of the PARC’s program. Thanks also to Alderman Drapeau for his continued advocacy for this project and his constituents.

 

Finally, I’d like to extend thanks to Governor Deval Patrick and Lt. Governor Tim Murray for partnering with Woburn to provide more recreational opportunities for people of all ages here in the City of Woburn.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Attached thereto was the following Order:

 

ORDERED     That $876,000.00 is appropriated to pay costs for the design and development of a new park that includes a multi-purpose field, a parking area and the restoration of an existing garage into a storage facility including costs incidental or related thereto at the Whispering Hill Property, located at Cambridge Road containing approximately 74.5 acres; to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $876,000.00 under Chapter 44, Section 7 of the General Laws as amended or any other enabling authority; that the Mayor is authorized to contract for and expend any federal or state aid available for the project; and that the Mayor is authorized to take any other action necessary to carry out this project.

 

The Mayor is authorized to contract for, accept and expend any federal or state aid available for such development, including but not limited to, applying for, accepting and expending a Parkland Acquisitions and Renovations for Communities (PARC) grant (301 CMR 5.00) in the amount of $500,000.00 from the Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs, and to take any and all other action that may be necessary to carry out the purposes of this Order.

 

I hereby approve the above: s/Scott D. Galvin, Mayor

 

s/Alderman Drapeau

 

Alderman Drapeau stated that there was an announcement today by the State that the city received a grant in the amount of $500,000.00 to establish a park at the Whispering Hill property, that this is part of the process to prevent construction of apartments on the site, that when the city purchased the property it was agreed that the property would be used for recreational purposes, this is proposal is in line with that commitment, that all parties named in the Mayor’s letter should be invited to attend the committee meeting, and that conceptual plans should be prepared and be available for the committee to review so that the members are aware of the work involved. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.                         _________________________

 

Motion made and 2nd to return to the regular order of business, all in favor, 9-0.

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:05 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

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