City Council – 06/16/2015

DATE 06/16/2015
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 16, 2015 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gaffney

                                                Concannon

Gately

DiTucci

Mercer-Bruen

Drapeau

Raymond – absent

                                                                 Haggerty

_________________________

 

The City Council observed a moment of silence in memory of former Woburn Police Detective John Gibbons, Jr. who passed away.

_________________________

 

VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, 8 in favor, 0 opposed, 1 absent (Raymond absent).

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

A copy of a communication dated June 9, 2015 to State Senator Kenneth J. Donnelly was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear Senator Donnelly:

 

On May 26, 2015, the Joint Committee on State Administration and Regulatory Oversight of the Massachusetts Legislature held a hearing to consider amendment to the public records law. I write to express my concerns regarding a number of those bills and I am respectfully requesting that before action is taken on any of the bills, you consider the severe impact these amendments would have on the City of Woburn.

 

Several bills propose amendments to the public records law to limit or eliminate the costs that the city can charge to search for, review, redact and reproduce copies. Such proposals constitute unfunded mandates. While the city strives to be transparent by providing many ways that residents can obtain numerous public documents, including extensive financial information about city operations on its website however in many instances, transparency comes at a cost. Records do not store, organize and find themselves, and staff must set aside their regular duties and responsibilities in order to properly respond to a public records request. Searching for and reviewing email records can be particularly time consuming as they are rarely organized in subjects and file categories susceptible to ready retrieval. Emails often consist of strings of messages, which may be unrelated to each other except for the senders and recipients, and often contain attachments, which require separate review. Frequently, locating responsive records requires the assistance of information technology specialists.

 

In addition to locating and identifying responsive documents, staff must identify those records which are exempt from disclosure either by law, such as health records (HIPAA) and information on public school students, or those documents which must be withheld because for privacy exemptions or statutes that prohibit the disclosure or personal contact information, such as telephones and addresses.

 

The Legislature should not mandate that public entities absorb the costs to respond to requests, including even the most burdensome requests. Assessing costs to requestors is also the only mechanism currently available to custodians to defend against abuse of the public records law for purposes of harassment. A requestor has no obligation to specify or narrow requests. Nothing in the public records law prevents a requestor from asking to see every paper and email held by a custodian, even if they number in the hundreds of thousands of records.

 

Perhaps even more concerning is that some bills propose the imposition of monetary penalties and the award of court costs and attorneys fees for a custodian’s failure to comply with the public records law. The city’s employees are diligent and professional in responding to public records requests and absent a custodian’s willful and deliberate refusal to produce responsive records, the imposition of monetary penalties is unduly punitive.

 

Rather than moving forward on one or more of the proposed amendments, the Legislature should convene a task force which includes representatives from municipalities and state agencies as well as proponents of the amendments to consider ways to improve the public records law, and to serve the goals of governmental transparency and accountability, without further burdening public officials and employees and taxpayers.

 

Thank you for your attention to this important matter.

 

Sincerely, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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ORDERED     That the sum of $40,000.00 be and is hereby appropriated from Cemetery Interest Fund and distributed as follows for Fiscal Year 2016: $10,000.00 to Utility Acct 0149052-521103, $10,000.00 to New Equipment 0149058586600, $2,000.00 to Office Supplies 0149054-542000, $6,000.00 to

Equip/Bldg Main 0149054-543000, $10,000.00 to Tools/Supplies Acct 0149054-546100, $2,000.00 to Over-Time Acct 0149051-513100

 

I hereby approve the above: s/Catherine B. Shaughnessy, Joseph

McDonough, John Sawyer, Christopher Kisiel

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, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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ORDERED      That the sum of $1,000.00 be and is hereby transferred from DPW Street

Flood Lights Acct #0142052-521104 to DPW Flag Day (2015) Acct

#0142452-5211008 $1,000.00

 

I have reviewed the above: s/Gerald W. Surette, City Auditor 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, 8 in favor, 0 opposed, 1 absent (Raymond absent).

_________________________

 

PUBLIC HEARINGS:  

 

On the petition by National Grid for a grant of right in a way to install approximately 380 feet of four-inch plastic main to supply house numbers 2, 4, 5, 6 and 8 Manning Street.

PUBLIC HEARING OPENED.

 

Subject: National Grid- Manning Street

 

I am providing this memorandum pursuant to the request by National Grid for a Grant of Location on Manning Street for the installation of a new four-inch main to service the residents as shown on their plan. I have evaluated the marked out proposed main on the ground as well as the marked out City of Woburn water and sewer mains in the street. The main should not interfere with the city infrastructure as shown. I recommend that the City Council allow this under the following conditions:

 

  • The main must be installed in the location shown on the plan and as marked on the ground unless written permission is granted from the DPW Superintendent in a mutually agreed upon location;

 

  • I recommend that the pavement be restored to a minimum of 10 feet in width to the edge of the pavement in a uniform trench at a minimum depth of four inches for a length of approximately four hundred feet. Please feel free to call me with any questions or concerns pursuant to this matter.

 

Motion made and 2nd that the communication be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Raymond absent). Alderman Gately stated that he spoke to the Superintendent of Public Works and that the petitioner is willing to abide by recommendations of the Superintendent. Appearing for the petitioner was Victor Santana  Steve DiLorenzo. PUBLIC COMMENTS: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Raymond absent). PUBLIC

HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the Grant of Right in a Way, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 19, 2015                  s/Scott D. Galvin June 18, 2015

 

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On the petition by National Grid for a grant of right in a way to install approximately 720 feet of four-inch plastic main to supply house numbers 2-14 Westview Terrace. PUBLIC HEARING OPENED. A communication dated June 12, 2015 was received from Superintendent of Public Works John Duran as follows:

 

Subject: National Grid- Westview Terrace

 

I am providing this memorandum pursuant to the request by National Grid for a Grant of Location on Westview Terrace to allow for the installation of a new four-inch main to service the residents as shown on their plan. I have evaluated the marked out proposed main on the ground as well as the marked out City of Woburn water and sewer mains in the street. The main should not interfere with the city infrastructure as shown. I recommend that the City Council allow this under the following conditions:

 

  • The main must be installed in the location shown on the plan and as marked on the ground unless written permission is granted from the DPW Superintendent in a mutually agreed upon location;

 

  • I recommend that the pavement be restored to a minimum of 8 feet in width to the edge of the pavement in a uniform trench at a minimum depth of four inches for a length of approximately seven hundred feet. In addition, the trench that enters Salem Street must be ground and inlaid for a width of 25 feet from the centerline of the trench for approximately 70 feet. Please feel free to call me with any questions or concerns pursuant to this matter.

 

Motion made and 2nd that the communication be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Raymond absent). Alderman Gately stated that he spoke to the Superintendent of Public Works and that the petitioner is willing to abide by recommendations of the Superintendent. Appearing for the petitioner was Victor Santana  Steve DiLorenzo. PUBLIC COMMENTS: Paul Pace, 14 Westview Terrace stated that he is speaking on behalf of the residents of the street, and that they have been waiting two years for this work to be completed. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Raymond absent). PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the Grant of Right in a Way, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 19, 2015                  s/Scott D. Galvin June 18, 2015

 

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On the petition by Oclen Realty LLC, an individual owning land to be affected by change or adoption, and Seaver Properties LLC to amend the Zoning Map of the City of Woburn by changing the zoning district for the property located at 98 and 100 Baldwin Avenue, Dexter Avenue and Warren Avenue; referenced on the Assessors Maps at Map 09, Block

13, Lot 01; Map 09, Block 12, Lot 02; Map 09, Block 12, Lot 01; Map 09, Block 11, Lot 02 and Map 09, Block 11, Lot 01; and further described as the entire parcel of land known as 98 and 100 Baldwin Avenue, to the centerlines of Chester Avenue, Dexter Avenue and Monks Street containing approximately 253,214 square feet of land as shown on a plan by Keenan Survey entitled “Proposed Rezoning Plan in Woburn, Massachusetts” dated October 17, 2014 from R-2/OP zoning district to R-3 zoning district. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the matter is still in Committee on Ordinances, and that he requests that the public hearing be continued to the City Council Regular Meeting on July 14, 2015. Alderman Drapeau stated that he was concerned that the July 14, 2015 meeting may have too many large matters pending to add this matter as well. Alderman Anderson stated that a communication was forwarded to the Zoning Ordinance Review Committee (ZORC) for comment, that the intention is for the matter to be ready for the July 14, 2015 meeting, and that the matter has been under review for some time.

PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JULY

14, 2015, 7 in favor, 1 opposed (Drapeau opposed), 1 absent (Raymond absent).

 

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On the petition by Philip J. Malonson, Trustee, Step Two Realty Trust, 171 Cambridge

Road, Woburn, Massachusetts 01801, Melanson Development Group, Inc., 5 Robertson

Way, Woburn, Massachusetts 01801 and Eileen C. Marsan, 165 Cambridge Road, Woburn, Massachusetts 01801 to amend the Woburn Zoning Map as follows: 1. By changing the zoning district of the land located at Cambridge Road R found on Assessors Map 65-08-13 described as vacant land from B-H to R-3, and 2. By changing the zoning district of the land located at 165 Cambridge Road found on Assessors Map 65-08-18 and 65-08-19 described as single family home and vacant land from R-1 to R-3. PUBLIC HEARING OPENED. A communication dated June 15, 2015 was received from Attorney Shaun W. Briere, Mawn and Mawn, P.C., 275 Mishawum Road, 4th Floor, Woburn, Massachusetts 01801 as follows:

 

Re: Petition to Amend Zoning Map – 165 Cambridge Road & Cambridge Road Rear – Melanson Development Group, Inc.

 

Dear Mr. Campbell:

 

The Applicant respectfully requests a continuance of the above referenced matter scheduled for public hearing before the City Council at its upcoming meeting on June 16, 2015. The Petitioners request this continuance to allow the opportunity to meet a second time with the Ordinance Committee. At their meeting last week, the Committee elected not to forward the matter to the full Council for action. As such, the Petitioner respectfully requests a continuance to the next meeting of the City Council on July 14, 2015.

 

Please do not hesitate to contact the undersigned should you have any questions or require any additional information regarding the above. Again, I thank you for your consideration and respect in this matter.

 

Very truly yours, s/Shaun W. Briere

 

Motion made and 2nd that the communication be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Raymond absent). PUBLIC COMMENTS: Susan Doherty Cashell, 173 Lexington Street stated that she does not believe that this petition adds value for the neighborhood, that approving the petition would set a dangerous precedent, and that 23 condominium units on two acres in that area is very dense. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON AUGUST 11, 2015, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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On the petition by Bloomfield Hospitality LLC, 903A Main Street, Woburn,

Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.23, 5.1.29, 7.3 and 13 for approval of modification of a Special Permit dated December 27, 2012 to allow for the substitution of Bloomfield Hospitality LLC in place of Mr. Charlie’s at 880 Main Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “To leave hours as is with review of special permit in six months and subject to all existing conditions.” A communication dated June 11, 2015 was received from Neil Cronin, City Planner/Grant Writer, Planning Department as follows:

 

Re: Modification to Approved Special Permit to allow for the substitution of Bloomfield Hospitality LLC, in place of Mr. Charlie’s / 880 Main Street

 

Dear Honorable Council:

 

The Planning Department has reviewed the above-referenced Special Permit

Modification request submitted by Bloomfield Hospitality LLC which seeks permission to replace Mr. Charlie’s Ice Cream with Wuburger.  The Special Permit decision required the Council’s authorization of any change in the operator of the restaurant.

 

The petitioner’s attorney indicates there are no expected changes to the site plan, the number of staff, or the hours of operation, except that the restaurant may elect to close earlier than midnight based on season and demand.

 

Wuburger will be a “fast casual” no-service restaurant serving burgers, salads, and sandwiches and featuring Mr. Charlie’s Ice Cream.  The hours of operation will be consistent with Mr. Charlie’s; Monday through Sunday 10:00 a.m. to midnight with the exception that the restaurant may close earlier that midnight some evenings based on season and demand.   The petitioner plans to employ 15-20 part time and full-time employees, many of whom currently work at Mr. Charlie’s.

 

The Planning Department recommends the City Council re-impose Conditions #1, 3, 4, 5,

6, 7, 8, and 9 of the December 27, 2012 Landowner’s Decision and Notice of Special Permit issued for this property.  It should be noted that there is no snow storage plan on file as required by Condition #5.   Also, note the Department is not recommending reimposition of Condition #2 given the opinion of City Solicitor Ellen Callahan Doucette that the Council, as the special permit granting authority, may not impose conditions upon the grant of a special permit which delegate matters that belong to the Council, to another board.

 

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

 

Respectfully, s/Neil Cronin, City Planner/Grant Writer

 

Motion made and 2nd that the communications be received and made part of the record, 8

in favor, 0 opposed, 1 absent (Raymond absent). Appearing for the petitioner was

Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn,

Massachusetts 01801 and he stated that the correct name of the petitioner should be

Bloomfield Hospitality 3, Inc, which is the corporate name, that the Committee on Special Permit recommended that petition be approved with a review in six months, that the petitioner has no issue with the Planning Board report, and that the snow storage plan will be filed. Alderman Gately stated that Condition 2 will be changed so that landscaping remains under the jurisdiction of the City Council rather than the Planning Board, that he wants to know the snow storage plan, and that he would have no issue with the snow being removed from the locus. Robert McSheffrey, 2 Red Leaf Lane stated that he is not in the area during the winter but that he has paid a contractor to remove the snow from the locus. PUBLIC COMMENTS: None. Motion made and 2nd that the public

hearing be closed, 8 in favor, 0 opposed, 1 absent (Raymond absent). PUBLIC

HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the amendments as follows: 1. That Condition 2 shall be amended to read: 2. That the City Council shall retain jurisdiction over the landscaping; 2. That the petition shall be granted to Bloomfield Hospitality 3, Inc. as Petitioner, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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On the petition by Huong Vong and My Thi Vong, 6 Albany Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.56 Note 15 and 7.3 to allow for a garage larger than 900 square feet and possible extension of a nonconforming use at 6 Albany Street. PUBLIC HEARING OPENED. A communication dated June 1, 2015 was received from Tina P. Cassidy, Planning Director, Planning Department as follows:

 

Re: Special permit application for construction of addition to residential garage creating garage larger than 900 sq. ft. in size at6 Albany Street/Huong and My This Vong (owners and applicants)

 

Dear Honorable Council:

 

This office has reviewed the above-referenced petition which seeks authorization for the construction of an addition to an existing detached garage at this residential property.  The applicants are seeking special permits in accordance with Section 5.1.56, Note 15 (because the garage will be larger than 900 sq. ft. in size) and with Section 7.3 (Nonconforming Uses).

 

Planning staff notes that the applicants have referenced Section 7.3 (Non-conforming Uses) in their application to address the fact that (a) an accessory residential garage is a non-conforming use in the B-H Zoning District and (b) the height of the addition will be taller than the height limit that would otherwise apply.

 

The Planning Department requested the following additional information from the applicant:

 

  1. The height of the garage doors, measured from the ground to the top of the door(s).  The applicant’s representative indicates the doors will be less than eight (8) feet in height (Note 15 to Section 5.1.56 limits the height of garage doors to eight (8) feet unless a special permit is granted);

 

  1. Information on whether the new garage will be accessed from the existing garage.  The applicant’s representative indicates there will be a connection on the first floor between the new garage and the existing garage.

 

  1. A plan of the site that shows the location of the addition relative to the existing garage and house and which depicts setbacks from the structures to the nearest lot lines.  See attached plans in Appendix A to this letter identified as Sheet A3 and Plot Plan, 6 Albany Street, Woburn, Mass.

 

The Planning Department recommends that the City Council consider imposing the following as conditions of approval of this petition:

 

1. That the Plans of Record shall be “2 Car Garage Addition, 6 Albany Street Woburn,

MA; drawn by:  The Architects Forum, 72 Manchester Road, Newton, MA 02461,

Tel> 617-719-8400; Sheets T1, A1, A2, and A3 all dated May 1, 2015; and Plot Plan, 6 Albany Street, Woburn, Mass; Scale: 1”=20’; Dated:  May 19, 2015; Prepared by:

Edward J. Farrell, Professional Land Surveyor, 100 Winn Street – Suite 203 – Woburn, MA (781)-933-9012”; and

 

2. That the garage doors shall not exceed eight (8) feet in height unless further relief is requested and granted.

 

Please feel free to contact me if you have any questions about this recommendation.

 

Respectfully, s/Tina P. Cassidy, Director

 

Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 10, Woburn, Massachusetts 01801 and he stated that the petitioners intend to add a two-bay garage to their current two-bay garage resulting in a four-bay garage, that the building is a residential use in the B-H zoning district, that the property is located behind a commercial use to the rear of the property and a residential use to the front of the property, that the petitioner operates a business refinishing wood floors, that the petitioner will park vehicles used in the business in the garage, that the garage will be larger than 900 square feet, that the current garage is oversized, that the new garage will be to the rear of the property, that vehicles will pull into the garage in the rear, that the dumpster is for renovations and will be removed from the site, that the garage addition will be closer to the commercial uses and away from the residential uses, that he has met with the Building Commissioner and discussed the project, that the petitioner has no objections to a condition indicating that the project must otherwise comply with the zoning ordinances, that the petitioner will have to obtain a building permit from the petitioner, that the driveway will be extended to the rear without needing another curb cut, that the garage intended to be used to park the petitioners’ commercial vehicles and store the business equipment, sanders and hardwood floor supplies, that the current twobay garage is 36 feet by 20 feet and the new two-bay garage will be of the same size, that the petitioner has a business that is being operated in the business zone and is using the residence because the residence is there, that if the building was not used as a resident then the use for the business would essentially be by-right, and that he will supply the setback information for the project although he believes that it is set out on the plan.  Attorney Salvati offered a letter from Amarpreet Singh of 8 Albany Street in favor of the petition. Motion made and 2nd that the document be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Raymond absent). Alderman Mercer-Bruen stated that she is familiar with the house, that the current garage is large, that if the special permit is granted there should be a condition that the special permit is granted provided that there are no issues with other zoning ordinances, that she has visited the area where the property is located, that this is a business-zoned property which is near Montvale

Avenue, and that the property backs up to an industrial area. Alderman Gately stated that the current garage is large, and that there are restrictions on using more than 25% of a residential property for a commercial use. Alderman Drapeau stated that he is concerned about the size of the garage and the operation of this type of business near residences, that the chemicals used for floor sanding are flammable, and that what amount of the flammable fluids will be store on site are a concern. Alderman Anderson stated that he wants a plan of the setbacks to be presented at the committee meeting. Motion made and 2nd that a communication be sent to the Building Commissioner requesting an opinion as to the setbacks for the project and the non-conforming status of the property, 8 in favor, 0 opposed, 1 absent (Raymond absent). PUBLIC COMMENTS: None. Motion made and

2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF

THE CITY COUNCIL ON AUGUST 11, 2015 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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On the petition by U-Haul Moving & Storage of Woburn, 31 Olympia Avenue, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.69 to allow alteration of a non-conforming freestanding sign at 31 Olympia Avenue. PUBLIC HEARING OPENED. A communication dated June 11, 2015 was received from Tina Cassidy, Director, Planning Department as follows:

 

Re:  Recommendation on special permit application for non-conforming free-standing sign at 31 Olympia Avenue

 

Dear Honorable Council:

 

The Planning Department has reviewed the above-referenced petition which seeks permission, in accordance with Section 5.1(69) of the Zoning Ordinance (Extension or Alteration of a Nonconforming Use), to upgrade the existing non-conforming freestanding sign at 31 Olympia Avenue.  The sign is non-conforming because primary freestanding signs are not permitted in the I-P District.

 

The Special Permit application consisted of an application filed with the Council on May 12, 2015; a May 11, 2015 letter from Amerco Real Estate Company outlining details of the sign’s refurbishment; and various plans and engineering calculations submitted with the application and letter.

 

The application states that the proposed changes will reduce the size of the existing sign by two (2) square feet but this may not be accurate.  The applicant misunderstood the way the area of a sign is calculated and has since revised them (see attached plan with a revision date of June 9, 2015). However, the revised calculations do not yet include the area of the new sign band that will contain the address (31 Olympia Avenue).  As a result the applicant is revising the plan once again to ensure all signs are correctly measured and included in the final calculations.

 

While upgrades to the sign in the name of safety, Building Code and energy efficiency are laudable, the nature of the improvements will extend the life of this non-conforming structure by an estimated forty-five years.  Given that, Planning staff strongly recommends that the Council consider approving the request subject to the applicants agreeing to eliminate the sign identified as a “readerboard cabinet”.  This changeable message board sign does nothing to advance safety, Code or energy efficiency, and serves instead as a method of advertisement.

 

The Planning Department suggests the resulting reduction in sign area would be a fair trade-off for extending the life of this non-conforming structure for such a considerable length of time.

 

In addition, the Planning Department suggests the Council consider imposing the following condition:

 

1. That the Plans of Record shall be “Site Address:  U-Haul 31 Olympia Ave Woburn,

MA; for Amerco Real Estate Company, Construction and Renovation 2727 North

Central Avenue, Phoenix, Arizona 85004; dated:  10-17-14, revised 6-9-15; and “UHaul 837028 Address:  31 Olympia Ave Woburn, MA; Client:  UHaul/Amerco; drawn by McFarland Engineering, 7312 Louetta Rd., B-118, Box 134, Spring, TX 77379; dated: 10-29-2014 Sheet #1 of 1.”

 

Please feel free to contact me if you have any questions about this recommendation.

 

Respectfully, s/Tina P. Cassidy, Director

 

A communication dated June 15, 2015 was received from Tina Cassidy, Director,

Planning Department with a revised plan attached entitled: “Site Address: U-Haul, 31

Olympia Ave, Woburn, MA” prepared by Amerco Real Estate Company,  dated 10-1714, rev. 6-9-15. Motion made and 2nd that the communication be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Raymond absent). Appearing for the petitioner was Ed Spinney, SignArt, 60 Sharon Street, Malden, Massachusetts and he stated that the petitioner wants to change the current sign to the U-Haul name, that he has reviewed the petition with the Building Commissioner and the sign is up to code, that the sign will be a smaller square footage than what is currently in place, that the petitioner will be changing the existing Charette sign which is rusty and in poor repair, that they will adjust the footings to bring the sign up to code, that the sign is internally illuminated where the old sign was externally illuminated, that the Building Commissioner did not provide a written report, that it is important for people to understand the location of the business from the highway when returning vehicles and therefore they have included the address on the sign, that the readerboard sign is a manual readerboard like others in the city, that he has been manufacturing signs for 37 years and he does not believe that the sign will last 40 years, that they will use the existing poles but the square footage of the sign is smaller, that the readerboard has two lines of copy that can be manually changed from below the sign, that there are no flashing lights or bright colors on the sign, that the readerboard is lowered to ground level, the letters are changed, the letters are placed under a screen and the readerboard is raised back into place, that every two or three weeks at the most the readerboard will be changed, that there is no readerboard currently on the sign, and that the readerboard is important to their business. Alderman Gately stated that he appreciates the petitioner having their address on the sign, that he has no issues with the petition, that the proposal is a good concept, that the proposal is clean, and that the address helps direct directs vehicles to the site rather than circling the area roadways. President Haggerty stated that he would prefer that the readerboard be removed, that the city is trying to eliminate these and this petition will perpetuate the use, and that approving the readerboard could lead to more requests. Alderman Mercer-Bruen stated that she is opposed to the readerboard, that she is concerned that approving the readerboard will be a slippery slope to billboards, that the readerboard will have a message that will distract a driver, that she wants to avoid the slippery slope of the readerboard leading to digital signs, and that the readeerboard is comparable to a text message in terms of distracting drivers. Alderman Concannon wanted to know if the address is considered part of the readerboard, and how much a sign can change and still be considered nonconforming. Alderman Gaffney stated that he is familiar with these type of signs, that this is a benign use, that the letters are designed not to fall out, that the Charette sign had a readerboard for years, that the sign will not cause accidents, that vehicles generally pass this area slowly, that the readerboard will not be changed when cars are passing as this is done with the sign at ground level. PUBLIC COMMENTS: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 in favor, 1 absent (Raymond absent). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the amendments as follows: 1. That the sign shall not have a readerboard; 2. That the recommendations of the Planning Board be adopted as conditions of the special permit; and 3. That the address panel as depicted on the plan entitled “Site Address: U-Haul, 31 Olympia Ave, Woburn, MA” prepared by Amerco Real Estate Company,  dated 10-17-14, rev. 6-9-15, shall not be considered part of the readerboard, 7 in favor, 1 opposed (Gaffney opposed), 1 absent (Raymond absent).

 

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On the petition by Next Day Moulding, 10 Industrial Parkway, Woburn, Massachusetts

01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended,

Section 5.1.57b to allow for parking of three commercial vehicles overnight at 10 Industrial Parkway. PUBLIC HEARING OPENED. A communication dated June 11, 2015 was received from Tina P. Cassidy, Director, Planning Department as follows:

 

Re:  Special permit application for overnight parking of commercial vehicles at 10

Industrial Parkway/Next Day Moulding

 

Dear Honorable Council:

 

As of the Council’s filing deadline, this office is still reviewing the above-referenced petition which seeks authorization for the overnight parking of commercial vechiles in accordances with Section 5.1.57(b) of the Woburn Zoning Ordinance.

The department is still reviewing the parking aspects of this plan but expects to provide City Clerk Bill Campbell with an updated (complete) letter of recommendation by Monday June 15th.

 

I apologize in advance for any inconvenience.

 

Respectfully, s/Tina P. Cassidy, Director

 

A communication dated June 12, 2015 was received from Tina P. Cassidy, Director, Planning Department as follows:

 

Re:  Final Planning Department recommendation on Special Permit request for overnight parking of commercial vehicles at 10 Industrial Parkway/Next Day Moulding

 

Dear Honorable Council:

 

This office has reviewed the above-referenced application which seeks authorization for the overnight parking of commercial vehicles in accordance with Section 5.1.57(b) of the Woburn Zoning Ordinance.  The applicant confirmed he is requesting permission to park three (3) commercial vehicles on the property overnight (one [1] box truck and two [2] vans).

 

The plan that was reviewed was entitled “Parking Plan 10 Industrial Parkwat (sic);

Woburn, Mass; Scale 1”=20’; Dated: May 4, 2015; Prepared by Dresser, Williams, & Way, Inc.; 36 Webb Brook Rd. Billerica, MA; Job No. 3811.”

 

With respect to parking, the Council should acknowledge at some point during the proceedings that it considers the twenty six (26) parking spaces on the site plan to be adequate to serve the proposed use and to accommodate the requested overnight parking.  The Planning Department and Inspectional Services Director Tom Quinn believe the number is sufficient.  The use would have required twenty-two (22) spaces if it were a traditional, mixed manufacturing/office use, and since there will be a maximum of four (4) employees working at any one time, there should be adequate room on site for employees’ private vehicles when they arrive for work.

 

The Planning Department asked that the plan be revised to show the area(s) of the site that will accommodate snow storage.  Attorney Salvati indicates the applicant is in the process of revising the plan to show them.  Additionally, Planning staff asked the applicant to consider relocating the Dumpster from its current location.  It is quite visible from Rath Road at the moment, and moving it to one of several parking spots along the side wall of the adjacent Joseph Young Co. building would make it less visible from a public way.

 

Attorney Salvati reports the plan is being revised to relocate the Dumpster.

The Planning Department suggests the City Council impose the following condition on the special permit:

 

1. That the Plan of Record shall be “Parking Plan 10 Industrial Parkwat (sic); Woburn, Mass; Scale 1”=20’; Dated: May 4, 2015; Prepared by Dresser, Williams, & Way, Inc.; 36 Webb Brook RD. Billerica, MA; Job No. 3811,

Revised _____ (add plan revision date once the revised plan is submitted).”

 

Please feel free to contact me if you have any questions about this recommendation.

 

Respectfully, s/Tina P. Cassidy, Director

 

Motion made and 2nd that the communications be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Raymond absent). Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that the property is an industrial building in an industrial area, that the petitioner is the sole tenant in the building, that the petitioner deals in decorative mouldings, that this is a business-to-business operation, that the use is allowed by right, that the vehicles will be registered in Woburn, that there is a counter and the remainder of the building is used for storage, that there will be three commercial vehicles consisting of one box truck and two vans, that the cars in the parking spaces near the dumpster will have to be moved when the dumpster is to be emptied, and that the petitioner has six employee but 26 parking spaces are provided. Attorney Salvati offered a plan entitled “Parking Plan – 10

Industrial Parkwat” prepared by Dresser, Williams & Way, Inc. dated May 4, 2015, rev. 6-16-15 delineating a snow storage area and location of the dumpster to the City Council for review. Motion made and 2nd that the document be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Raymond absent). PUBLIC COMMENTS: None.

Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent

(Raymond absent). PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the amendments as follows: 1. That the Planning Board recommendation to adopt a plan of record be adopted as further amended with a plan revision date of 6-16-15; 2. That all of the petitioner’s vehicles used in the business shall be registered in the City of Woburn; and 3. That the dumpster shall be screened and if necessary one parking space will be eliminated in front of the dumpster to permit access to the dumpster, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

 

ORDINANCES:

On the Order to amend 1989 Woburn Municipal Code, as amended, Title 5, Section 5-68, Section 5-69 and Section 5-71 relative to taxi and livery vehicles, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor June 18, 2015 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on June 30, 2015.

 

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On the Order to amend 1989 Woburn Municipal Code, as amended, Title 5, Section 5-72 relative to livery car service use qualification, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor June 18, 2015 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on June 30, 2015.

 

*************************  FINANCE:

 

On the Order to transfer the sum of $1,000,000.00 from Overlay Reserve Acct to OPEB Trust Fund Acct, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 19, 2015                  s/Scott D. Galvin June 18, 2015

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NEW PETITIONS:

 

 

A communication dated June 10, 2015 with attachments was received from Daniel Campbell, P.E., Principal, Level Design Group, 249 South Street, Unit 1, Plainville, Massachusetts 02762 as follows:

 

Re: Rosematwo – Building Expansion – 7 State Street, Woburn, MA

 

Dear Mr. Campbell and Members of the Council:

 

Level Design Group, L.L.C. (LDG), on behalf of Rosematwo, LLC, doeshereby provide the attached drawing to request a minor modification of the special permit certified February 27, 2014. The site plans associated with this permit are requested to be modified to eliminate the handicapped parking spaces at the front of the site. LDG has attached a letter from the architectural firm that this property will be considered a “Place of Private Employment” as such there will be no public access. The remainder of the interior has been designed as such an the attached plan removes only the striping and signage. Should the building use change, in accordance with the original permit the applicant would need to modify the permit to include parking as necessary and future access of required.

 

We look forward to discussing at public hearing at your earliest convenience. Should you have any questions, please do not hesitate to contact me.

 

Truly yours, Level Design Group, L.L.C., Daniel Campbell, P.E., Principal

 

Motion made and 2nd that the MATTER be RECEIVED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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Petition by Rosematwo, LLC, 10 Dorrance Street, Boston, Massachusetts 01219 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, to modify a special permit issued February 27, 2014 to eliminate the handicapped parking spaces at the front of the site at 7 State Street. Motion made and 2nd that the MATTER be

REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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Petition by McCue Garden Center, 198 and 200 Cambridge Road, Woburn,

Massachusetts 01801 for special permits pursuant to 1989 Woburn Zoning Ordinances, as amended, Sections 5.1.68b, 5.1.69, 5.1.72, 7.3, 8.3 and 15.6.C.iv to change use from residential to agriculture, horticulture, or floriculture on parcels of 5 acres or less; to expand a non-conforming use; to expand a non-conforming parking area to serve the garden center on a separate lot located not more than 500 feet from the property; and located within the Groundwater Protection Overlay District, at 198 and 200 Cambridge Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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Petition by Clear View Eye Associates, 546 Main Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 7.3 to allow alteration of a pre-existing nonconforming lot and structure to change the use to a by-right optometrist office. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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Petition by Peter Bergwall and Melissa Tyndall, both of 96 Waltham Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.56, Note 15 to allow replacement of existing garage with a garage over 900 square feet at 96 Waltham Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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COMMUNICATIONS AND REPORTS:

 

A communication dated June 1, 2015 was received from City Solicitor Ellen Callahan Doucette relative to a review of 1989 Woburn Municipal Code, as amended, Title 2,

Sections 2-180 and 2-181 Base Salaries. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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A communication was received from City Auditor Gerald Surette relative to a review of

1989 Woburn Municipal Code, as amended, Title 2, Sections 2-180 and 2-181 Base Salaries Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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President Haggerty stepped down from the Chair and Alderman Anderson assumed the Chair.

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UNFINISHED BUSINESS OF PRECEDING MEETING: 

 

On the notice of intent to move for reconsideration in support of the motion to approve the Special Permit for MINAST, LLC, 11 Presidential Way, Woburn, Massachusetts 01801 pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.42 and 12 to allow for the construction of a new building containing approximately 46,858 square feet of gross floor area for 1. warehouse and distribution use, and 2. office use, at Lot 1, Presidential Way. Motion made by President Haggerty and 2nd to allow reconsideration, 8 in favor, 0 opposed, 1 absent (Raymond absent). President Haggerty stated that he has reviewed the petition further and that he wants to amend Condition 3. Motion made and 2nd that Condition 3 be amended to read as follows: 3. The final mitigation amount shall be 3% of the total project cost as defined by a post construction audit reviewed by the city engineer. The mitigation funds shall be used for specific improvements on the Commerce Way corridor including: 1. Reconditioning of existing crosswalks, including but not limited to the intersection of Target and Bob’s Furniture; 2. Repair and replacement of damaged guardrails; 3. Landscaping in the amount of $10,000.00 for the existing islands to include planting of perennials to beautify the area; 4. Any remaining funds will be used for repaving efforts on Commerce Way and shall be coupled with the existing $107,000.00 in the PWED monies to complete the paving; and 5. Upon completion of each of the above items, the City Council will receive a breakdown of the worked completed with all associated costs, 8 in favor, 0 opposed, 1 absent (Raymond absent). Alderman Concannon stated that he was concerned with the prior mitigation vote on this matter, and that he wanted to establish a connection between the mitigation and the project. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions approved at the June 2, 2015 City Council Regular Meeting as further amended as to Condition 3, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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Alderman Anderson stepped down from the Chair and President Haggerty assumed the Chair.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

RESOLVED Given that the intersection of Bedford Road, Locust Street and South Bedford Street is: fraught with poor sight lines; contains poor traffic control mechanisms; is heavily trafficked from school buses, school children walking to the Joyce Junior High School, autos and pedestrian traffic from Gonsalves Field and the Joyce Junior High School; is used as a cut-through for cars attempting to avoid the Four Corners intersection; and the intersection is dangerous;

 

Therefore be it Resolved that the Mayor direct the Superintendent of Public Works and the City Engineer to prepare a plan to improve traffic and safety conditions at said intersection: and

 

Be it further Resolved that the aforementioned Department Heads appear before the Committee on Infrastructure and Public Lands at a time and date determined by said Committee, to discuss potential options to remediate the concerns.

 

s/Alderman DiTucci

 

Motion made and 2nd that the RESOLVE be ADOPTED and be referred to Committee on Infrastructure and Public Lands , 8 in favor, 0 opposed, 1 absent (Raymond absent). Presented to the Mayor June 18, 2015 and ten days having elapsed without same being approved, said Resolve became effective without his signature on June 30, 2015.

 

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RESOLVED Whereas, under Massachusetts General Laws Chapter 40B, known as the

Massachusetts Comprehensive Permit Act, there is a goal to make at least 10% of every Massachusetts community’s housing stock affordable for moderate income households; and

 

Whereas, the City of Woburn has made significant efforts to achieve the requirements of M.G.L. Chapter 40B;

 

Now, therefore, Be it Resolved that the Planning Director research and update the number of affordable housing units in the City for the purposes of verifying the accuracy of the Department of Housing and Community Development’s calculations with respect to the compliance of the City with the Massachusetts Comprehensive Permit Act M.G.L. Ch. 40B.

 

s/Alderman Raymond

 

Motion made and 2nd that the RESOLVE be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor June 18, 2015 and ten days having elapsed without same being approved, said Resolve became effective without his signature on June 30, 2015.

 

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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 2016 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 2016. Any remaining balance at June 30, 2016 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 ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016 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 2016. Any remaining balance at June 30, 2016 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 ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016 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 2016. Any remaining balance at June 30, 2016 is to revert to the General Fund, unless the fund is reestablished. 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 ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016 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 2016 from gifts, donations and monies raised. Any remaining balance at June 30, 2016 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 ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016 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 2016 up to $80,000.00. Any remaining balance at June 30, 2016 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 reestablished 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 ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016 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 2016 from donations and monies collected. Any remaining balance at June 30, 2016 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 reestablished 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 ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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. The

Office of Mayor may spend funds received for Green Energy Revolving Fund receipts without further appropriation during Fiscal Year 2016 for the purpose of paying the expenses of Energy Consultants, capital projects and other expenses. The “Green Energy Revolving Fund” may be credited with receipts up to $150,000.00 received during Fiscal Year 2016 from energy saving projects. Any remaining balance at June 30, 2016, is to revert to the General Fund, unless the fund is re-established. The “Green Energy 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 current Fiscal Year.

 

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

 

s/President Haggerty

 

Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015          s/Scott D. Galvin June 18, 2015 *************************

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 2016 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 2016. Any remaining balance at June 30, 2016 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 recommend the above. s/Scott D. Galvin, Mayor

 

s/President Haggerty

 

Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016. 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 2016 from donations and money raised. Any remaining balance at June 30, 2016 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 reestablished 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 ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016 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 2016 from donations and monies raised. Any remaining balance at June 30, 2016 is to revert to the General Fund, unless the fund is re-established. 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 ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016 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

2016. Any remaining balance at June 30, 2016 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 recommend the above. s/Scott D. Galvin, Mayor

s/President Haggerty

 

Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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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 2016. The “Spence Farm Revolving Fund”, is to be credited with all fees and charges not to exceed $50,000.00 received during Fiscal Year

2016 from donations and money raised. Any remaining balance at June 30, 2016 is to revert to the General Fund, unless the fund is re-established. 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 recommend the above. s/Scott D. Galvin, Mayor

 

s/President Haggerty

 

Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

 

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RESOLVED Whereas, Robert W. Simonds rose through the ranks in the Department of Public Works from Highway Foreman, General Public Works Foreman,

Deputy Superintendent, to his appointment as Superintendent of Public

Works in 1982 through his retirement in 1999; and

 

Whereas, Robert W. Simonds was past President of the New England

Chapter of the American Public Works Association, a member of the Massachusetts Highway and N.B.M. Highway Associations; a member of the American, New England and Massachusetts Water Works

Associations, the N.E. Water Environment Federation, and was Woburn’s first Massachusetts Water Resources Advisory Board member; and

 

Whereas, Robert W. Simonds dedicated his professional career and utilized his knowledge, skills and experience in fostering significant improvements in the city’s water and sewer systems as well as other important public works projects for the betterment of the community; Now, Therefore, Be It Resolved by the City Council of the City of Woburn that the Horn Pond pumping station be named in memory of former Superintendent of Public Works Robert W. Simonds and in honor of his contributions to the City of Woburn and its residents.

 

s/Alderman Gately and President Haggerty

 

Motion made and 2nd that the RESOLVE be ADOPTED and referred to Committee on Infrastructure and Public Lands, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

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Motion made and 2nd to take from the Committee on Finance the Order to establish the Green Energy Revolving Fund for Fiscal Year 2015 and that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: June 18, 2015           s/Scott D. Galvin June 18, 2015

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Motion made and 2nd to ADJOURN, 8 in favor, 0 opposed, 1 absent (Raymond absent). Meeting adjourned at 8:03 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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