City Council – 06/03/2014

DATE 06/03/2014
TIME 7:00 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

JUNE 3, 2014 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gaffney

                                                Concannon

Gately

DiTucci

Mercer-Bruen

Drapeau

Raymond

                                                                 Haggerty

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the amount of $1,000.00 be and is hereby appropriated from Sand & Gravel Acct #0141754-553300 $1,000.00 to Flag Day Acct #0142452521108 $1,000.00.

 

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

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

 

s/President Haggerty

 

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 amount of $38,000.00 be and is hereby appropriated from

BLS/Ambulance Receipts Acct #31359-590000 $38,000.00 to Fire/Salary

Acct #012201-511000 $20,000.00, Fire/Clerk Salary Acct #0122051511200 $3,000.00, Ambulance/Salary Acct #0122051-511500 $15,000.00, Total $38,000.00

 

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

I hereby approve the above: s/Timothy J. Ring, Chief, Fire Department              I have reviewed the above: s/Gerald W. Surette, City Auditor

 

s/President Haggerty

 

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

_________________________

 

PUBLIC HEARINGS:  

 

On the petition by Lynch-Cantillon Funeral Home, Inc., 263 Main Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 7.3 and 15 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a new entryway and exterior alterations to the structure located at 263 Main Street within the Groundwater Protection District. PUBLIC HEARING OPENED. A communication dated May 20, 2014 was received from Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Lynch-Cantillon Funeral Home, Inc., 263 Main Street, Woburn, MA

 

Dear Mr. Campbell:

 

Please be advised that I represent Lynch-Cantillon Funeral Home, Inc. in connection with the above-referenced Special Permit Petition. Since the Planning Board will not be reviewing the above Petition until its meeting on June 10, 2014, I respectfully request that the City Council public hearing on this matter presently scheduled for June 3, 2014 be continued to the City Council meeting on June 17, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

Motion made and 2nd that the communication be accepted and made part of the record, all

in favor, 9-0. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON JUNE 17, 2014, all in favor 9-0.

 

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On the petition by 4 Montvale Avenue Realty Trust, 1820 Turnpike Street, #03, North Andover, Massachusetts 01845 for a special permit pursuant to Sections 5.1.5, 8.3 and 12 of the 1985 Woburn Zoning Ordinances, as amended, to allow for two (2) residential dwelling units above the first story in a commercial structure at 4 Montvale Avenue, with parking in the municipal parking lot. PUBLIC HEARING OPENED. A communication dated May 20, 2014 was received from Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Giuseppe C. Fodera, 4 Montvale Avenue, Woburn, MA

 

Dear Mr. Campbell:

 

Please be advised that I represent Guiseppe C. Fodera in connection with the abovereferenced Special Permit Petition. Since the Planning Board will not be reviewing the above Petition until its meeting on June 10, 2014, I respectfully request that the City Council public hearing on this matter presently scheduled for June 3, 2014 be continued to the City Council meeting on June 17, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

Motion made and 2nd that the communication be accepted and made part of the record, all

in favor, 9-0. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON JULY 15, 2014, all in favor 9-0.

 

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On the petition by Herb Chambers 128, Inc., c/o The Herb Chambers Companies, 47

Eastern Boulevard, Glastonbury, Connecticut 06033 for a special permit pursuant to Section 7.3 and Section 15 of the 1985 Woburn Zoning Ordinances, as amended to allow for the alteration, change and extension of the existing nonconforming use (overnight parking of commercial vehicles) to allow for the storage, reconditioning and preparation of motor vehicles at 285 Locust Street. A communication dated May 29, 2014 was received from Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Herb Chambers 128, Inc., 285 Locust Strete, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

As you know I represent Herb Chambers 128, Inc. on the above-referenced matter. I respectfully request that the City Council Public Hearing on this matter presently scheduled for June 3, 2014 be continued to the City Council Public Hearing on June 17, 2014. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

Motion made and 2nd that the communication be accepted and made part of the record, all

in favor, 9-0. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON JUNE 17, 2014, all in favor 9-0.

 

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On the petition by Kiwanis of Woburn, 10 Cedar Street, Suite 26, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.75 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the annual Flag Day celebration and carnival on June 14, 2014 and June 15, 2014   including bands, carnival and fireworks at

Library Park, 0 Harrison Avenue. PUBLIC HEARING OPENED. A communication dated May 22, 2014 was received from Erin E. Wortman, City Planner/Grant Writer, Woburn Planning Board as follows:

 

Re: Kiwanis of Woburn – Library Park – To operate a carnival June 14 & 15, 2014 under Section 5.1.75

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on May 20, 2014, the Planning Board voted to forward a favorable recommendation to the City Council, regarding the Special Permit application of the Kiwanis Club of Woburn for their Annual Flag Day Celebration and Carnival on June 1415, 2014 at Library Park with the condition that the applicant comply with Section 5.1, Note 14 of the Woburn Zoning Ordinance.

 

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

 

Sincerely, s/Erin E. Wortman, City Planner/Grant Writer

 

Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that this is an annual event, and that he asks that the days be revised to June 13, 2014 and June 14, 2014. PUBLIC COMMENTS: 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, and 2. That the dates of the event shall be amended to June 13, 2014 and June 14, 2014, all in favor, 9-0.

 

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On the petition by Lawless Chrysler Jeep, Inc., 196 Lexington Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.71 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a commercial parking lot at 317 New Boston Street. PUBLIC HEARING OPENED. A communication dated May 22, 2014 was received from Erin E. Wortman, City Planner/Grant Writer, Woburn Planning Board as follows:

 

Re: Lawless Chrysler Jeep, Inc.  – 317 New Boston Street – To allow for a commercial parking lot pursuant to Section 5.1.71

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on May 20, 2014, the Planning Board voted to forward a favorable recommendation to the City Council, regarding the Special Permit application of Lawless Chrysler Jeep, Inc at 317 New Boston Street to allow for a commercial parking lot pursuant to the following conditions:

 

  1. The Petitioner shall be limited to parking up to 60 cars on the Property subject to said number being reduced as the building becomes occupied so that there are sufficient parking spaces as required under the Woburn Zoning Ordinance.
  2. The Petitioner shall park its vehicles in the area designated on the plan entitled “317

New Boston Street located in Woburn, Massachusetts” prepared by Eagle Brook Engineering and Survey LLC, 491 Maple Street, Suite 304, Danvers, Massachusetts 01923 dated October 23, 2012, revised February 6, 2013, revised February 12, 2013.

  1. The Petitioner shall file with the Building Commissioner on the 15th day of each month a report with the number of vehicles parked on the Property.
  2. There shall be no parking of vehicles on New Boston Street at any time.
  3. There shall be no parking of vehicles in designated handicapped parking spaces on the Property.

 

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

 

Sincerely, s/Erin E. Wortman, City Planner/Grant Writer

 

Appearing for the petitioner was Attorney Brett Heyman, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the locus is in the IP-2 zoning district, that a special permit is required for a commercial parking lot, that the property is located on the Wilmington side of New Boston Street, that there is a two story commercial building on the locus, that there are 148 parking spaces, that 84 parking spaces are required for the current uses of the property and 64 parking spaces are available to the petitioner, that there is 21,000 square feet of space in the building available for lease, that that the petitioner will reduce the number of vehicles stored on the lot as the building is occupied, that there will be no car carrier drop-offs at the site, that there will be no vehicles sales at the locus, and that the petitioner’s use of the lot will be exclusively as a storage facility. Jeff Wray, Operations Manager for the petitioner stated that for security reasons vehicles are dropped off by car carrier to the principal location on Lexington Street so that the vehicles can be checked out upon delivery, that the petitioner will not have employees at the locus storage area, that the petitioner will look into improving the car carrier vehicles drop-off procedures, that the petitioner owns a facility at 193 Main Street where they service and store vehicles, that the petitioner has storage lots on Forbes Road and Micro Drive but no longer do so, that the buildings became occupied to an extent that there was insufficient to make the use of the lots for storage efficient, that the property owner recently seal coated the locus parking lot, that he can speak to the property owner about striping the parking lot, that if vehicles are stored off site this will free up space at the dealership and will allow car carriers to unload vehicles on the property as opposed to on the street, that a number of different car carrier companies deliver vehicles to the dealership, that they try their best to instruct the car carrier drivers not to obstruct other driveways or the roadway, that all types of vehicles that they sell will be stored at the locus, and that the largest vehicle that would be parked on the locus will be a Dodge Ram truck.  Alderman Drapeau stated that the dealership is located in his ward but this property, that the petitioner’s car carrier was parked in the middle of Lexington Street recently while dropping off vehicles, that it may be safer to drop vehicles off at the locus rather than at the dealership, and that he would like to see improvements in the delivery of vehicles from car carriers at the dealership. Alderman Raymond stated that the locus is the perfect location for this use, and that even the car carrier will blend in with the other trucks in that area. Alderman DiTucci stated that she wants to review the special permit with hopes of improving the car carrier dropoff procedures. PUBLIC COMMENTS: Michael Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he supports the petition, that the petitioner has a long history of business in the city, that the petitioner’s business is doing well, that the petitioner is trying to accommodate all concerned parties with this request, and that there are no residences near the locus. 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 amendments as follows: 1. That the five recommendations of the Planning Board shall be adopted as conditions of the special permit, and 2. That the special permit is granted to Lawless Chrysler Jeep, Inc.

and shall not be transferable, all in favor, 9-0.

 

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On the petition by Vivint Solar, Inc., 24 Normac Road, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended, to allow for the overnight parking of petitioner’s commercial vehicles at Lot 6C, 29 Draper Street. PUBLIC HEARING OPENED. A communication dated May 22, 2014 was received from Erin E. Wortman, City Planner/Grant Writer, Woburn Planning Board as follows:

 

Re: Vivint Solar – 29 Draper Street, Lot 6C – To allow for the overnight parking of commercial vehicles pursuant to Section 5.1.57b

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on May 20, 2014, the Planning Board voted to forward a favorable recommendation to the City Council, regarding the Special Permit application of Vivint Solar at 29 Draper Street, Lot 6C to allow for the overnight parking of commercial vehicles subject to the following conditions:

 

  1. That the commercial vehicles be limited to 20 vehicles which vehicle parking spaces shall be limited to the parking area located behind the northeast corner of the building as shown on the plan entitled “Site Plan in Woburn, Mass.” Prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, Mass. Dated August 5, 2004 last revised on April 28, 2014.
  2. That the Petitioner shall offer proof that all vehicles are leased and the evidence of the Lease Agreement shall be made part of the record and if the vehicles are not leased the vehicles shall be registered in the City of Woburn.
  3. The Company shall post signs within its loading area requesting both its employees and delivery companies to obey the rules of the road while traveling on City of Woburn streets and use caution while traveling on Nashua Street to and from Draper Street.
  4. The Petitioner’s commercial vehicles shall not use the section of Nashua Street between Draper Street and Holton Street when traveling to and from the site.
  5. The Petitioner shall instruct employees not to use the section of Nashua Street between Draper Street and Holton Street for traveling to and from the site.
  6. The Special Permit shall be limited to Vivint Solar Inc. and shall not be transferrable.

 

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

 

Sincerely, s/Erin E. Wortman, City Planner/Grant Writer

 

Appearing for the petitioner was Attorney Frank Di Luna, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is located in the I-G zoning district, that the petitioner is currently operating from a location on Merrimac Street but has outgrown that location, that the business is allowed by right without a special permit at the locus, that the petitioner has locations across the country, that the petitioner will have nine full-time employees at the locus consisting of designers and roofing personnel, that the petitioner will park twenty vehicles at the locus which will be box trucks and vans, that they will receive approximately three deliveries a week from vendors, that the hours of operation will be Monday through Friday between 7:30 a.m. and 5:30 p.m. and Saturday 7:30 a.m. to 1:00 p.m., and that the petitioner’s vehicles will make one delivery per day. Alderman Mercer-Bruen stated that she has seen the petitioner’s commercial vehicles traveling on streets where commercial vehicles are excluded, that she is concerned that the recommended prohibitions of the petitioner’s vehicles not to use Nashua Street will not be observed by the petitioner’s employees, that commercial vehicles do not belong on these streets, and that she is willing to recommend a trial period for the special permit to be certain that the conditions of the special permit are observed. Paul Greene, Operations Manager for the petitioner stated that this was the first time he heard about the company vehicles traveling on streets where commercial vehicles were prohibited, that he will address the issue with his employees, that the company does not have GPS tracking in the vehicles, that the hours of operation will be Monday through Friday from 7:30 a.m. to 5:30 p.m. and Saturday from 7:30 a.m. to 1:00 p.m., and that sometimes the warehouse staff arrives at 6:00 p.m. PUBLIC

COMMENTS: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Alderman Drapeau stated that a condition that the special permit expires one year after the date of issuance is not a viable solution to be certain that the petitioner is observing the special permit conditions, that the matter can be reviewed in Committee on Special Permit Review if necessary, that the expiration of the special permit can mean a significant expense to that petitioner, and that he is not in favor of the expiration of the special permit. Alderman Mercer-Bruen stated that if a company tends not to follow the rules the city must be certain that the rules are followed, and that it may be expensive for the petitioner to reapply for the special permit but it is also expensive for the city to bring a petitioner to court to enforce a special permit. Alderman Concannon stated that he is concerned about the petitioner having to reapply for a special permit, and that he wants to understand the strength of the city in enforcing conditions of a special permit. Alderman Gately stated that the City Council can call a permit holder into the Committee on Special Permits Review if there is an issue and this has worked well in enforcing special permits. Alderman Anderson stated that the Woburn Zoning Ordinances allow the City Council to modify, alter or rescind a special permit once granted. Motion made and 2nd that the special permit be amended by adding the following condition: 1. That the special permit shall expire one year from the date of issuance, ROLL CALL: Anderson – No, Concannon – No, DiTucci – No, Drapeau – No, Gaffney – No, Gately – No, MercerBruen – Yes, Raymond – No, Haggerty, No, Motion Fails. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the amendments as follows: 1. That the six recommendations of the Planning Board shall be adopted as conditions of the special permit, 8 in favor, 1 opposed (Mercer-Bruen opposed), 0 absent.

 

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On the petition by Benchmark Senior Living, 40 Williams Street, Wellesley,

Massachusetts 02481-3904 for a special permit pursuant to Section 5.1.19a of the 1985 Woburn Zoning Ordinances, as amended, to construct an assisted living/memory care facility and associated improvements at 320 Salem Street. PUBLIC HEARING OPENED. A communication dated May 15, 2014 to Tina Cassidy, Planning Director from Brett F. Gonsalves, Senior Engineer, Engineering Department was received as follows:

 

Subject:  320 Salem Street Special Permit – Plans Dated April 25, 2014

 

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

 

Water

The proposed site will be serviced by an 8” CDLI water main which reduced down to facilitate a domestic and fire protection connection. There are two proposed fire hydrant on the site and the water connection to Cedar Street is a 3 way gate valve connection.  This office takes no exception to the water main layout as shown.

 

Sewer

Sheet C-4 shows a proposed 6” PVC sewer main connecting from Cedar Street to the rear of the proposed building.  The plan shows a grease interceptor that connects the kitchen waste to the sewer system. An MWRA permit is required for the grease interceptor.

 

This office takes no exception to the sewer main layout as shown.

 

Drain

The proposed stormwater runoff will be mitigated by an underground infiltration systems and underground pipe storage. The drainage calculations demonstrate that the postdevelopment runoff conditions will be reduced from pre-development conditions. The drainage calculations include an operation and maintenance plan for the onsite infiltration system which outlines the proper care of the system.

 

Traffic

The applicant has submitted a functional design traffic report for the project. The report outlines improvements to Cedar St, Washington St and Salem St which will assist in improving traffic flow as part of the development. Three intersections were studied, Washington St at Cedar St, Washington St at Salem St and Cedar St at Salem St as well as the site driveway.

 

Automatic Traffic counts were conducted on January 28, 2014 and manual counts were conducted on January 28, 2014 and September 2013.

 

The traffic report outlines the 2021 build and no build scenarios as well as the project trip generation and concluded that the proposed project will generate 283 vehicle trips per day

 

The developer is preparing traffic mitigation plans which include additional traffic control equipment for optimization of the intersections at Cedar St and Salem St. Additionally there will be geometric improvements at the three intersections that form the perimeter of the property.

 

All of these improvements are under the jurisdiction of MassDOT, however the developer has worked with the engineering department to better understand existing conditions and implement traffic mitigation measures.

 

Miscellaneous

The development impact statement outlines any impacts to the infrastructure in the project area. The engineer had calculated the sewer connection and I/I Mitigation fee based on the generated flow and Title V.

 

The total project cost will need to be shown so that the mitigation fee for the project can be calculated.

 

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

 

A communication dated June 3, 2014 was received from John E. Corey, Jr., PE, City Engineer as follows:

 

Subject:  Benchmark Assisted Care Proposal

 

We have been working with the developer’s traffic engineers over the last several months relative to traffic signal improvements that are being proposed in conjunction with the above referenced project.

 

Based on what we have been told to date, the traffic improvements, which are primarily within the State right of way, would process traffic more efficiently. There are certain additional improvements that we see as being warranted for consistency with our other intersections, including Aldis camera’s which will eventually be connected to the police department and provide a single overview of the intersecting. This detection equipment also counts traffic volumes and tracks turning movements on a continuous basis.

 

To date we have not received an accounting of the proposed improvements and mitigation and we are unable at this time to determine if it is feasible to add the Aldis camera detection to the intersections of Washington St. at Cedar St. and Salem St.

 

All other matters are contained in our previous memorandum dated May 15, 2014.

 

I trust the foregoing information suffices for your needs. Should you have any questions or comments, please do not hesitate to contact this office.

 

Motion made and 2nd that the two communications received from the City Engineer be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Attorney Mark T. Vaughan, Riemer and Braunstein, Seven New England Executive Park, Burlington, Massachusetts 01803 and he stated that the City Council recently approved a zoning amendment that allowed this type of facility at the locus, that the locus is a five acre parcel of land bounded by Salem Street, Washington Street and Cedar Street, that the special permit proposal is the same as the project discussed during the zoning process, that there will be an 87 unit building with 67 units for assisted living and 20 units for memory care, that the proposal has more parking than is required, that there will be more than adequate parking to accommodate the staff, visitors and residents, that access to the site will be from Cedar Street, that the petitioner is committed to installing the previously discussed traffic improvements, that the residential structure will remain on the site, that it is difficult to find a use that will have less impact on the traffic than this use, that there will be no impact on the schools, that there will be little impact on city services, that the use is needed for the aging population in the community and surrounding areas, that the petitioner is the largest operator of senior living communities in New England and has a good record, that the petitioner has had several meetings with MassDOT to review the project, that there is no reason to believe the improvements will not be acceptable to MassDOT, that there is a sidewalk across the Cedar Street, that a crosswalk will be installed to assist pedestrians who use public transportation to cross the street, and that land will be shown on the plan that can be donated to the city in the future for traffic improvements. Attorney Vaughan offered ten letters, the letters being from Raquel Robinson, 12 Quimby Avenue, Msgr. John R McLaughlin, 127 Lake Street, Brighton, John Sawyer, 14 Frank Street Court, James N. Doherty and Elke Doherty, both of 11

Carlena Terrace, John Farino, 353 Salem Street, Patricia Farino, 353 Salem Street, Joan Collins, 12 Bartlett Drive, Lorrie Macdonald, 30A Milan Avenue, Manuel Jose and Maria Jose, both of 7 Dewey Avenue, and Sophie (Peggy) Morrison, 17 Dewey Avenue, and a petition with 147 names listed in support of the proposal for the City Council to review. Motion made and 2nd that the letters and petition be received and made part of the record, all in favor, 9-0. Brian Jones, Allen & Major Associates, Inc., 100 Commerce Way, Woburn, Massachusetts 01801 stated that they are surveyors, engineers and landscape architects, that the building will have 87 units and 97 bedrooms, that there will be a secure garden for a memory care wing, that there will be landscape retaining walls along the back, that there lot has a high point at the intersection of Cedar Street and Washington Street and grades down to the Cedar Street and Salem Street intersection, that the first floor of the building is all but hidden due to the eight to ten foot drop in grade, that the building appears to have two stories from Washington Street, that there will be a stormwater management plan including sumps, a water quality unit and roof drains, that all stormwater will collect in a subsurface detention system by underground pipes, that the connection for utilities will be made on Cedar Street, that there is natural gas available on Cedar Street, that the electric underground will be connected to an existing overhead location, that there will be an emergency generator, that site lighting will be on decorative poles, that the lights will be LED technology, that the light poles will be sixteen feet high, that the lighting type is meant to enhance the residential feel, that there will be significant landscaping to establish a peaceful setting, that bollard lights three feet tall will have the same design, that dark sky technology lights will be used, that the stormwater system will be adequate for a 100 year storm, that MassDOT is not allowing connections to their systems, that the petitioner will look at the possibility of drainage to Salem Street, that there is some ledge in the corner of the lot, that another test boring went fifty feet deep before hitting ledge, that there are landscape retaining walls less than three feet high, that the Conservation Commission has requested a peer review for the stormwater, that the property is governed by the Rivers Act, that new plantings will be added along Washington Street, and that the current vegetation along Washington Street is thin and not a good screen and may also be disturbed during construction of the retaining wall. Rick Bryant, Stantec, 55 Green Mountain Drive, South Burlington, Vermont 05403 stated that they are the traffic engineers, that they are convinced that the parking is more than adequate for the needs of the development, that traffic improvements are planned to improve existing conditions as opposed merely mitigating the nominal impact of the project, that the residents of the development do not drive and vehicle trips relate mostly to employees coming and going to the site, that there is limited traffic for this type of use, that there will be approximately 23 trips during the afternoon peak hour rush hour traffic, that 60% of vehicle trips will use Washington Street, that over 2,500 vehicles pass through that intersection at the peak hour, that this project will generate an additional fourteen vehicles which will not be a noticeable change in traffic, that traffic counts were performed at an 89 unit facility in Waltham and an 85 unit facility in Haverhill both of which are operated by the petitioner, that they conducted the study from 2:30 p.m. to 7:00 p.m., that the busiest time at Waltham had 46 vehicles and the busiest time at Haverhill had 50 vehicles, that 70 parking spaces are adequate for the anticipated need for 50 parking spaces, that there is space to establish an additional ten parking spaces, that vehicles on Cedar Street are exceeding the speed limit by 5 m.p.h. to 10 m.p.h., that by tightening the radius the speeds will be reduced, that improvements are being proposed to make traffic conditions better, that space will be reserved that the city can acquire without cost to make further traffic improvements without the need of a taking, that the traffic control signals will be coordinated, that the traffic increase is a nominal .5%, that the parking provided is 40% to 50% more than will be needed, that the traffic improvements will help vehicles move better through the intersection, that the petitioner is willing to install traffic cameras at requested by the City Engineer, and that meetings concerning the project have taken place with MassDOT and the discussion continues. Mark Moeller, JSA Architects Interiors Planners, 55 Green Street, Portsmouth, New Hampshire 03801 stated that there will be 20 memory care units in the ground floor, that this will be a secure unit, that there will be communal living space, dining room, staff, offices and rooms around the common spaces, that there will be access to a garden outside, that on the other floors there will be a fireplace, bistro, central mail area and private dining room off the main dining room, that there will be two small living areas along the corridor, that there will common amenities such as a fitness area, beauty salon, library, arts and crafts area, and visiting physician office, that residents of the second and third floors will use those common amenities on the second floor, that the apparent size of the building will be reduced when viewed from the north due to the site grade, that there will be peak roofs on three wings as well as pitch roofs for mechanical units to be set low on the roof, that there will be a variety of siding sizes, that the intent is to retain as much vegetation as possible and to use a retaining wall to establish additional vegetative screening, that there will not be a full canopy under which a car can drive, that there will be a drop-off structure so that the residents are within a foot of the driveway, and that a larger canopy would be too dominant a feature. Lee Bloom, Senior Director of Development, Benchmark Senior Living stated that 87 rooms is operationally best to maximize facility efficiency, that the petitioner operates fifty facilities, that the smallest facility is 50 units which is exclusively an Alzheimer’s facility, that the facilities would no longer be less than approximately 87 units, that their research indicates that the facility will be affordable, that residents will come from a 35 mile radius of the facility, that the majority of employees come from the communities in which the facility is located, and during events at the facility there will be valet parking. Alderman Gately stated that he wanted to know why there was a crosswalk on Cedar Street as this encourages pedestrians to cross the street, that there is no sidewalk on the project side of Cedar Street, that there are drainage issues in the area, that he wants to keep the water runoff underground, and that the dumpsters will have to be screened. Alderman Concannon stated that this is a big facility in terms of the footprint, that he wants to know that the facility will be affordable for the average Woburn resident, and that there has been discussion that this facility will benefit Woburn residents and he wants to be certain this is accurate. Alderman Anderson stated that he is concerned about a facility that dominates the neighborhood, that the New England architecture and natural grade of the lot will help minimize the visual impact of the building, and that the City Council should be certain that the traffic improvements are addressed during the permitting process. Alderman DiTucci stated that she wants specific details of landscaping improvements, and that she would rather see more green space than the ten additional parking spaces. Alderman Mercer-Bruen stated that she does not want the users of the facility parking at the office building parking lot across the street nor does she want the office building users parking in the facility parking lot. Alderman Drapeau stated that he does not want to see the project forced onto anyone, that many speakers are in favor of the project, that he supports the use, that this is a necessary use, that the location of the city near I-95 and I-93 has made the city successful, that he has many issues on the west side of the city with peak hour traffic congestion, that the project is a great proposal with some of the improvements that can be made, that if some of the land can be deeded to the city and the Mayor supports funds to widen Washington Street this would be a great opportunity, that free cash should be used for such a project, and at this time he supports the project. PUBLIC COMMENTS: President Haggerty asked for a show of hands of those in support of or opposed to the project. Approximately 25 members of the audience raised their hands in support of the project and approximately 6 members of the audience raised their hands in opposition to the project. Theron Rose, 5 Hobson Avenue stated that he appreciates the plans to alleviate traffic concerns. Fiona, 4 Westgate Drive stated that she supports the project, and that the project will provide jobs and provide tax revenue for the city. Lillian, 4 Totman Drive stated that she supports the project, and that the project will provide jobs and tax revenue for the city. Richard Carbone, 5 Burlwood Lane stated that he is in favor of the project, and that this is a good opportunity for the city and the residents of the city. Joseph, 1 Kilby Street stated that he supports the proposal and that the project will create jobs. Bill Dodge, 5 Salem Avenue stated that he supports the project. Katie, 949 Main Street stated that she recently moved to the area from Chicago, that the project will provide jobs for residents, and that the project will benefit elderly residents of the area. Caroline Callan, 5A Winter Street stated that she supports the proposal, and that the facility will provide a safe, protective residence for the elderly. Jennifer Deal, 3 Dewey Avenue stated that the project is a good addition to the city, that the project will create jobs, and that the facility will be a resource for Woburn seniors who want to stay in Woburn. Steven Lindquist, 6 Bentley Lane, Chelmsford, Massachusetts, Trustee of Lindquist Realty Trust stated that he is one of the owners of the property, and that he offered three letters in support of the project for the City Council to review, the letters being from Steven N. Lindquist, 6 Bentley Lane, Chelmsford, Joyce

C. Marshall, 5 Elijah Street and Joan Govostes and William F. Govostes, both of 320 Salem Street. Motion made and 2nd that the letters be received and made part of the record, all in favor, 9-0. Mike Stima, 44 Elm Avenue stated that that city should get as much as possible without impact on the traffic. Monique Azor, 6 John Street stated that she works in the industry and supports the project. Mark Pernokas, 8 Cedar Street stated that he is an abutter of the project on the Cedar Street and Salem Street sides, that he is concerned about the height of the building, that he is concerned with the traffic on Cedar Street, that it appears an additional Cedar Street lane would be needed to make improvements to the traffic, that he asks that the landscaping be sufficient to screen the building, that the building should be 200 feet off the brook, and that he is concerned about vehicles from the facility parking in the Chestnut Green parking lots. John Beauchamp, 224 School Street stated that the residents are at this meeting because they support the project, that since 1978 when the greenhouses were taken down and the Goodyear School sold there has been no traffic improvements in this area, that the project will not generate a lot of traffic, and that traffic improvements will only happen with private projects. A man whose name was inaudible who resides at 111 Locust Street stated that he supports the project, and that the project will raise the city’s profile. John Farino, 353 Salem Street stated that he supports the project, that the city should take the donated land and make additional traffic improvements, and that the Salem

Street/Washington Street intersection needs to be improved by the city. Nelson Doherty, 11 Carlena Terrace stated that the proposal is the best use of the land, that that city should take the extra land for additional road improvements but he is concerned that this might cause the necessity of the petitioner obtaining a variance for the project, and that Cedar Street should be widened by an additional lane. Steven Spanos, 270 Washington Street stated that he opposed the project, that the proposed use is not the best use, that the original single family uses would be a better use, that there will be ambulance trips to the facility, that this is not a transitional use, that there are large condominium buildings in the area and this use will dominate those uses, that a smaller facility may be better, that there are not 87 beds but 87 units some of which will be double units, that the proposed smart lights will not alleviate the traffic delays, and that he asks that the facility size be reduced. Joe Bellofatto, 295 Salem Street stated that he resides in the area, that he wants to know how many communities were researched for potential residents of the facility, that he is concerned about the traffic at this intersection, that the traffic is difficult between 4:30 p.m. and 6:30 p.m. as well as early in the morning, that the traffic expert did not talk about service vehicles to the property such as landscapers, food delivery trucks, plumbers and electricians, and that he is not against assisted living but against the overdevelopment of the area. Kathy Bailey, 4 Utica Street stated that the target users are not going to be Woburn residents because of affordability, that she wants to know where construction vehicles will park during the development of the lot, and that the traffic is gridlocked in the area after 4:30 p.m. William Robinson, 12 Quimby Avenue stated that this is the best use of the property, that a single family development at the locus will not be good for the community, and that the city will receive twice the taxes from the project as opposed to a residential use. Philip Flood, 250 Washington Street stated that he is opposed to the project, and that traffic safety is an issue. Sophie Robinson, 17 Dewey Avenue stated that she supports the project. A letter was received from Kevin

McDonough, 295 Salem Street in support of the project. A letter was received from David Markley, 3 Ryan Road in support of the project. Motion made and 2nd that the letters received from Mr. McDonough and Mr. Markley be received and made part of the record, all in favor, 9-0. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JULY

15, 2014 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON

SPECIAL PERMITS, all in favor 9-0.

_________________________

 

Motion made and 2nd for a two minute recess, all in favor, 9-0.

_________________________

 

President Haggerty called the meeting back to order.

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

PUBLIC SAFETY AND LICENSES:

 

On the petition by Assene Guerrier dba Omega Transportation for a new Livery License, committee report was received “ought not to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

 

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On the petition by Boston Super Transportation Inc. for a new Common Carrier License, committee report was received “ought not to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

 

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On the petition by GameStop #3315 for renewal of a License to Purchase and Sell Second-Hand and Personal Articles of Value and Collectibles, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor June 5, 2014 and ten days having elapsed without same being approved, said Order became effective without his signature on June 17, 2014.

 

************************* FINANCE:

 

On the Order to appropriate the sum of $525,000.00 from BLS/Ambulance Receipts Acct to Fire Regular Salary Acct, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0. Presented to the Mayor: June 5, 2014                    s/Scott D. Galvin June 5, 2014

 

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On the Order to transfer the sum of $1,000.00 from Library/Snow Removal Acct to Library/Audio Visual Acct, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0. Presented to the Mayor: June 5, 2014                    s/Scott D. Galvin June 5, 2014

 

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On the Order to appropriate the sum of $190,000.00 from the School Department Energy

Receipts Reserved for Appropriation Account to an account established by the Mayor and City Auditor for the purchase of an emergency generator for the Joyce Middle School, committee report was received “ought to pass, as amended with the amendment as follows: 1. Conditioned that the funds be encumbered by December 31, 2014.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0. Presented to the Mayor: June 5, 2014                    s/Scott D. Galvin June 5, 2014

_________________________

 

NEW PETITIONS:

 

Petition by Winchester Cooperative Nursery School, 478 Main Street, Winchester,

Massachusetts 01890 for a special event permit to allow a fun run on October 5, 2014 at Horn Pond. 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 Cambridge Road Auto Service, Inc. dba Woburn Plaza Shell, 293 Cambridge

Road, Woburn, Massachusetts 01801 for renewal of a Second Class Motor Vehicle Sales License. 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 Linear Retail Woburn #1 LLC, 5 Burlington Woods Drive, Burlington,

Massachusetts 01803 for a special permit pursuant to the provisions of 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.29 and 12 to approve the modification of a special permit dated March 27, 2014 to allow for the substitution of Hamra Noodles LLC d/b/a Noodles and Company in place of b.good as the fast food restaurant to occupy Tenant Space A at 299 Mishawum Road. Motion made and 2nd that the MATTER be

REFERRED TO PUBLIC HEARING AT THE CITY COUNCIL REGULAR

MEETING ON JULY 15, 2014 , all in favor, 9-0.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated May 28, 2014 was received from Joanne Collins, Director, Woburn Council on Aging along with a copy of the Director’s Report and the minutes of the Council on Aging for the month of May 2014. 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 May 23, 2014 was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

 

In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting this report to you on the parking violations within the city of Woburn for the period ending April 2014: number of violations issued 386, number of violations paid 207, number of violations outstanding 160, amount collected and submitted to the

Collector’s Office $17,784.40. There exists a backlog of 3,213 tickets from 1982 through

2013. Demand will be sent until all tickets have been paid. Parking fines referred to the Handicapped Commission $2,700.00.

 

Respectfully submitted, s/Charles L. O’Connor, Parking Clerk City of Woburn

 

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

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: None.

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That the Woburn City Council hereby authorizes the Mayor to utilize a Department Revolving Fund under M.G.L. Chap. 44, Sec. 53E1/2. Mayor may spend funds received without further appropriation during Fiscal Year 2015. The “Spence Farm Revolving Fund”, is to be credited with all fees and charges not to exceed $50,000.00 received during Fiscal Year 2015 from donations and money raised. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is reestablished. The “Spence Farm Revolving Fund”, under M.G.L. Chap. 44, Section 53E½ must be re-established on a year-to-year basis. The City Council, upon recommendation of the mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

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ORDERED     That the Woburn City Council hereby authorizes the Conservation

Commission to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Sec. 53E ½. The Conservation Commission may spend funds received without further appropriation during Fiscal Year 2015 for the purpose of environmental public benefit and open space acquisitions and/or protection. The “Conservation Commission’s Revolving Fund”, is to be credited with all fees and charges not to exceed $10,000.00 received during Fiscal Year 2015 from gifts, donations and monies raised. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is re-established. The “Conservation Commission’s Revolving Fund”, under M.G.L. Chap. 44, Sec. 53E½ must be re-established on a year-to year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Woburn Police Department School Resources Officer to utilize a

Departmental Revolving Fund under M.G.L. Chap. 44, Sec. 53E ½. The Woburn Police Department School Resources Officer may spend funds received without further appropriation during Fiscal Year 2015. The “Woburn Police Department School Resources Officer Revolving Fund”, is to be credited with all fees and charges not to exceed $25,000.00 received during Fiscal Year 2015 from donations and money raised. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is reestablished. The “Woburn Police Department School Resources Officer Revolving Fund”, under M.G.L. Chap. 44, Sec. 53E½ must be re-established on a year-to year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Board of Health to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Sec. 53E½. The Board of Health may spend funds received without further appropriation during Fiscal Year 2015 for the purpose landfill closure. The “Board of Health Revolving Fund”, is to be credited with all fees and charges up to $100,000.00 received during Fiscal Year 2015. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is re-established. The “Board of Health Revolving Fund”, under M.G.L. Chap. 44, Sec. 53E½ must be re-established on a year-to year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Council on Aging to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Sec. 53E½. The Council on Aging may spend funds received without further appropriation during Fiscal Year 2015 for the purpose of operating the Senior Center. The “Council on Aging Revolving Fund”, is to be credited with all fees and charges received during Fiscal Year 2015 up to $80,000.00. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is re-established. The “Council on Aging Revolving Fund”, under M.G.L. Chap. 44, Sec. 53E½  must be re-established on a year-to year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Recreation

Department  to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Sec. 53E½. The Recreation Department may spend funds received without further appropriation during Fiscal Year 2015 for the purpose of a basketball league. The “Recreation Basketball Revolving Fund”, is to be credited with all fees and charges not to exceed $40,000.00 received during Fiscal Year 2015 from donations and monies raised. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is reestablished. The “Recreation Basketball Revolving Fund”, under M.G.L. Chap. 44, Sec. 53E½ must be re-established on a year-to year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Department

of Public Works to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Section 53E½ . The Department of Public Works may spend funds received without further appropriation during Fiscal Year 2015 for the purpose of the Liberty Elm Tree Program. The “Liberty Elm Tree Revolving Fund”, is to be credited with all fees, charges and donations not to exceed $10,000.00 received during Fiscal Year 2015 from donations and monies collected. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is re-established. The “Liberty Elm Tree Revolving Fund” under M.G.L. Chap. 44

Section 53E½ must be re-established on a year-to-year basis. The City Council, upon recommendation of the mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Office of the Mayor to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Sec. 53E½. The Office of the Mayor may spend funds received without further appropriation during Fiscal Year 2015 with the purpose of unanticipated special education costs for out of district tuition and transportation. The Special Education Departmental Revolving Fund is to be credited with Medicaid revenue not to exceed $300,000.00 received during Fiscal Year

2015. Any remaining balance at June 30, 2015 is to revert to the

General Fund, unless the fund is re-established. The “Special

Education Department Revolving Fund”, under M.G.L. Chap. 44,

Sec. 53E½ must be re-established on a year-to year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Departmental Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Office of the Mayor to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Sec. 53E ½. The Office of the Mayor may spend funds received for cable television and telecommunications franchise fees as required under the CATV operator license agreement with the City of Woburn without further appropriation during Fiscal Year 2015 for the purpose of cable related expenditures. The “Cable Television and Telecommunications Revolving Fund”, is to be credited with all fees and charges up to $80,000.00 received during Fiscal Year 2015. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is re-established.

The “Cable Television and Telecommunications Revolving Fund”, under M.G.L. Chap. 44, Sec. 53 ½ must be re-established on a year-to year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Historical

Commission to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Sec. 53E1/2. The Historical Commission may spend funds received without further appropriation during Fiscal Year 2015 for the purpose of expending for Historical Plaques. The “Historical Commission Revolving Fund”, is to be credited for all gifts, charges and donations not to exceed $3,000.00 received during Fiscal Year 2015. Any remaining balance at June 30, 2015 is to revert to the General Fund, unless the fund is re-established.

The limit on the total amount which may be expended from the

Historical Commission shall not exceed $3,000.00.  The

“Historical Commission Revolving Fund”, under M.G.L. Chap. 44,

Section 53E½ must be re-established on a year-to-year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0.

 

*************************

ORDERED     That the Woburn City Council hereby authorizes the Board of Health to

utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Section 53E½. The Board of Health may spend funds received without further appropriation during Fiscal Year 2015 for the purpose of expending for vaccines and expenses associated with the distribution. The “Board of Health Revolving Fund”, is to be credited for all gifts, charges and donations not to exceed $20,000 received during Fiscal Year 2015. Any remaining balance at June 30, 2015 is to revert to the General Fund , unless the fund is re-established. The limit on the total amount which may be expended from the Board of Health shall not exceed $20,000. The “Board of Health Revolving Fund”, under M.G.L. Chap. 44, Section 53E½ must be re-established on a year-to-year basis. The City Council, upon recommendation of the Mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE AND that a financial breakdown of each account for FY2013 and FY2014 be filed with the City Council by 12:00 noon on June 6, 2014, all in favor, 9-0. _________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:27   p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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