City Council – 03/01/2011

DATE 03/01/2011
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

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

 

CITY OF WOBURN

MARCH 1, 2011 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $182,260.00 be and is hereby appropriated as so stated

from Insurance Reimbursement Account #211-359000 $182,260.00 to Goodyear School Acct #21158-585008 $182,260.00 – Insurance reimbursement for Goodyear

 

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

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

 

s/President Denaro

 

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

 

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ORDERED     That the sum of $40,000.00 be and is hereby transferred as so stated from Hurld Boiler Replacement Acct #0112158-586669 $25,000.00, Hurld

Handicap Acct #0112158-586553, $15,000.00, Total $40,000.00 to School ADA Citywide Acct #0112158-586671

 

s/President Denaro

 

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

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PUBLIC HEARINGS:  

On the petition by Alderman Drapeau relative to the structure or structures located at 33 Sylvanus Wood Lane, Woburn for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or buildings or other structure, as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING

OPENED.  IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON APRIL 5, 2011 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 9-0.

 

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On the petition by Avalon WFS, LLC, c/o Avalon Bay Communities, Inc., 51 Sleeper Street, Suite 750, Boston, Massachusetts 02110 for a special permit to modify a special permit issued April 5, 2005, extended December 21, 2006 and extended January 8, 2009, pursuant to Section 5.1.4 of the 1985 Woburn Zoning Ordinances, as amended, by amending Conditions 1, 20, 21, 22, 23, 24 and 25 as shown in petition to allow for 34 apartment units at 0 Inwood Drive, Lot 1. PUBLIC HEARING OPENED. A copy of a communication dated February 24, 2011 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director was received as follows:

 

Subject: Inwood Drive Lot 1 Site Plan Modification Special Permit – Site Plans Dated January 25, 2011 – Drainage Calculations dated January 27, 2011

 

The applicant is proposing modification of Lot 1 from the previously approved special permit in 2004.

 

Upon review of the site plans and drainage calculations, this office offers the following comments:

 

Water:

The proposed building #1 will be service by a 4” fire service and a 4” domestic water service from existing water main on Inwood Drive.

 

This office takes no exception to the water services as shown.

 

Sewer:

The proposed sewer for building #1 will be connected to the existing sewer main on Inwood Drive via an 8” PVC sewer service.

 

This office takes no exception to the sewer connection as shown.

 

Drainage:

The applicants engineer has submitted drainage calculations that demonstrate the post development runoff conditions are slightly higher than the predevelopment conditions.

This is due to new method of analyzing stormwater runoff. The increase is minimal and does not adversely impact the overall site drainage system.

 

The utility plan shows a proposed stormceptor, which improves water quality prior to discharge into the resource area.

 

This office takes no exception to the drainage design or calculations as submitted.

 

This project was previously approved in 2004 and the minimal changes on lot 1 do not have an adverse impact on the site.

 

This office takes no exception to the special permit as submitted.

 

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

 

Appearing for the petitioner was Attorney Francis DiLuna, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that since 2005 the original special permit has been extended three times as there is no market for an under 55 condominium development, that the property is located in the S-2 zoning district, that the Planning Board met to review the matter but has not provided a written recommendation at this time, that the Planning Board voted to send a favorable recommendation with five conditions including 1. That Conditions 20, 21, 23 and 25 be deleted in their entirety, 2. That Condition 22 be modified from 44 condominium units to 34 apartment units, 3. That all plans be in compliance with the building codes, 4. That the Planning Board retain jurisdiction over landscaping, and 5. That the current architectural and landscaping plans of record shall remain except as amended, that the petitioner has provided to the city as mitigation for the project $400,000.00 for a fire pump truck, $90,000.00 for three police cruisers, $160,000.00 for a school feasibility study, $50,000.00 for Ferullo Field playground equipment, $25,000.00 for Senior Center improvements, $250,000.00 for Wildwood Street/Salem Street traffic signals, and that $2,450,000.00 was given to eliminate the affordable housing units from the development as the city believed that affordable housing would be better located in the center of town. William Bergeron, Hayes Engineering, Inc., 603 Salem Street, Wakefield, Massachusetts 01880 stated that his firm has been involved with this property since 1984, that they are entering the last phase of the project, that the lot in this parcel is isolated by the construction of Route 93, that the roadways are maintained by the petitioner, that the City of Woburn provides no maintenance or snowplowing to the locus, that there was reconstruction of Route 129 and West Street in Wilmington where access to the property is gained, that the modification of Lot 1 will be from 44 condominium units to 34 apartment units, that there will be a 30,000 square foot reduction in the building size, that there are 68 parking spaces for the units, that the matter has received Conservation Commission review, that all construction is beyond the conservation buffer zones, that the City Engineer has no issues with the project, and that the change has minimal impacts. Scott Dale of Avalon Bay Communities, Inc. stated that there will be onebedroom and two-bedroom apartments, that the original proposal was for one-bedroom condominium units, that there will be 12 one-bedroom units and 21 two-bedroom units, that the average size of the one-bedroom units is net 822 square feet and the average size of the two-bedroom units is net 1,163 square feet, and that there are 446 existing units on the site excluding this 34 unit proposal. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that the City Council should keep an open mind with this proposal, that apartments are a necessary housing component in the city, that this developer made a strong proposal with a mix of apartments and condominiums with an over age 55 restriction and affordable housing, that this is a well-constructed project, that as the development progressed the Woburn Housing Authority believed that it was too far away for an effective affordable housing component, that the petitioner negotiated an over $2,000,000.00 payment to the city to develop affordable housing in the downtown area, that the petitioner is reducing the development from 44 units to 34 units, that the project does not impact the city as it is located on the other side of the highway, and that the market is calling for apartments. OPPOSED: None. Alderman Mercer-Bruen stated that she was not on the City Council when the original project was approved, that she would not have supported this project had she been on the City Council at the time it was approved, that she will not support this change, that there was a great effort by the City Council for an over age 55 restricted condominium component of the project, that she is concerned about more apartment buildings and the impact on the city, that the underground parking originally proposed has been replaced with surface parking, that there are significant plans that should be reviewed in the City Council, that the public hearing should be continued to April 2011, that mitigation should not be used to show what the developer did for the city as the developer was required to mitigate the impact of the project on the city, and that there is a good mix of apartments and condominiums in the city. Alderman Drapeau stated that the matter has been reviewed by the Planning Board, that a favorable recommendation will be submitted, and that there is sufficient time to review the proposal before the March 15, 2011 meeting. Alderman Gately stated that the Committee on Special Permits can meet on March 14, 2011 to review the proposal, and that if more time is needed the March 15th meeting could be continued. Motion made and 2nd that the public hearing be continued to Regular Meeting of the City Council on March 15, 2011, 4 in favor, 5 opposed (Anderson, Denaro, Gaffney, Haggerty, Mercer-Bruen opposed), Motion Fails. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR

MEETING OF THE CITY COUNCIL ON APRIL 5, 2011, 5 in favor, 4 opposed

(DiTucci, Drapeau, Gately, Raymond opposed), Motion Passes. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON SPECIAL PERMITS, all in favor,

9-0.

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS: None.

_________________________

 

NEW PETITIONS:

 

Petitions for renewal of Livery Licenses by Patricia Porrazzo dba Hollywood Limousine,

4 Skyview Lane and Ram Electrical Consulting & Contracting Corp., 128 New Boston Street, Suite E. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petition by M&LTransit Systems, Inc., 60 Olympia Avenue for renewal of Common Carrier License. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petition by Saeed Rajabi dba Sky Taxi of Woburn, 21 Cummings Park #232 for renewal of Taxi Cab License. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Alderman Gately stated that he would abstain from voting on the following matter and left the Council Chamber.

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A Conservation Easement and Restriction was received from George W. Gately, Jr. and Edward A. Hovsepian, Trustees of G&H Realty Trust pursuant to Sections 31, 32 and 33 of Chapter 184 of the Massachusetts General Laws granting to the City of Woburn in perpetuity and exclusively for conservation purposes a Conservation Restriction on a parcel of land containing 4.761 acres, more or less, shown as a portion of Lot 11 on a plan entitled “Definitive Subdivision Plan, 84 Lowell Street” dated August 25, 2005 and prepared by Borselli Engineering & Development, Inc., 110 Winn Street, Suite 209, Woburn, MA recorded with Middlesex South District Registry of Deeds as Plan Number

1194 of 2006 being a portion of the premises described in deeds recorded with Middlesex

South District Registry of Deeds in Book 48197, Page 382, and Book 47347, Pages 328, 329 and 330. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, 8 in favor, 0 opposed, 1 absent (Gately absent).

 

************************* Alderman Gately entered the Council Chamber.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated January 2011 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 a report to you on the parking violations in the City of Woburn for the period ending January 2011: number of parking violations issued 224, number of violations paid 65, number of violations outstanding 123, amount collected and submitted to the Office of the Collector $5,945.40. There exists a backlog of 5,702 tickets for 1982 through 2010. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $1,600.00.

 

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.

 

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A communication dated March 1, 2011 with attachments was received from Sarah A. Stanton, Purchasing Director as follows:

 

Re: Fuel Efficient Vehicle Policy

 

Dear Honorable Members of the City Council:

 

As you may, or may not be aware, the City of Woburn is in the process of compiling a grant application to be designated a “Green Community,” by the Massachusetts Department of Energy Resources. As part of the “Green Communities” grant program, the City of Woburn must adopt five State mandated criterions. Each criterion, unique in nature, works towards the ultimate goal of energy reduction, and long-term City sustainability.

 

Of the mandated criterion, section four requires that the City of Woburn make a formal commitment, and policy adoption, to only purchase fuel efficient vehicles. The purpose of this goal is to reduce carbon dioxide emissions, which will have a positive impact on the environment, and reduce fuel related costs.

 

Exemptions to this policy include heavy duty vehicles, defined as having a manufacturer’s gross vehicle weight rating (GVWR) of more than 8,500 pounds. Examples include fire engines, ambulances, and some heavy-duty public works vehicles. Additionally, police cruisers are exempt from this criterion. However, as a City, we must commit to purchasing fuel efficient cruisers when they become commercially available.

 

To meet this criterion, the City Council must adopt the attached policy, which requires that only fuel efficient vehicles be purchased when a given vehicle is up for replacement. Included with the attached policy language, is a list of all City owned vehicles that would be considered for potential upgrade. Please note that this policy does not require that all the attached vehicles be replaced, but rather, makes the commitment to only purchase fuel efficient vehicles when a new vehicle is purchased. The School Committee will be reviewing, and hopefully adopting this policy, at their March 8th, 2011 meeting.

 

Best, s/Sarah A. Stanton, Purchasing Director

 

Alderman Drapeau stated that some of the language in the proposal is vague, that there should be a specific number if energy efficiency is the goal, that there needs to be a baseline to determine whether the goal is being reached, and that the language “effort to reduce” is too vague. Alderman Haggerty stated that the proposal presents a clear policy statement but it can be reviewed in committee, and that a consultant will be available to the city to answer questions regarding the policy. Alderman Gately stated that the stretch code contains mandated actions, that he is not pleased with mandates, that there must be a discussion relative to the costs and benefits of the proposal, and that this is a major issue. Alderman Raymond stated that the policy can have a goal, and that the intent of the policy is to establish level of efficiency for purchasing vehicles but not a level of efficiency for use. President Denaro stated that the committee can draft and appropriate ordinance on this communication. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, all in favor, 9-0.

 

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A communication dated March 1, 2011 with attachments was received from Sarah A. Stanton, Purchasing Director as follows:

 

Re: Green Communities: Stretch Code

 

Dear Honorable Members of the City Council:

 

As part of the “Green Communities” grant program, the City of Woburn must adopt five State mandated criterions. Each criterion, unique in nature, works towards the ultimate goal of energy reduction, and long-term City sustainability.

 

Of the mandated criterion, section five requires that the City of Woburn adopt 780 CMR 115.AA, also known as the “Stretch Code.” The purpose of this code it to provide a more energy efficient alternative to the base energy code for new, and existing, buildings. This code regulates the design and construction of buildings, to provide flexibility, and, permit the use of innovative approaches, and techniques to achieve effective energy use.

 

This amendment to the building code has been reviewed with the Building

Commissioner, and I have been assured that the change to the “stretch code” will add no additional work, or cost, to their department.

 

Additionally, attached to this letter you will find a list of “frequently asked questions,” regarding the “stretch code” for residential, and commercial, buildings. As part of the technical planning assistance grant awarded to the City by the Mass. Department of Energy Resources, a consultant is available to review the code, and answer and potential questions you may have. He has made himself available both for the upcoming meeting of the committee on ordinance, and also the public hearing for the change in building code.

 

Best, s/Sarah A. Stanton, Purchasing Director

 

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

 

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A communication dated February 17, 2011 was received from Simmee Silton, Vice President, MassDevelopment, 160 Federal Street, Boston, Massachusetts 02110 advising of a proposed bond issue for the benefit of Ceramic To Metal Seals, Inc. for renovating a facility on East Street in Winchester a portion of the parcel being located in Woburn and requesting the adoption of a resolution to waive issuance of the bond to

MassDevelopment. Motion made and 2nd that the communication be received, all in favor, 9-0. Alderman Gately stated that the matter should be sent to the City Solicitor for a legal opinion on this matter. President Denaro stated that this is a request to issue a bond without have the city issue a bond. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, all in favor, 9-0.

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

RESOLVED That His Honor the Mayor submit an appropriation to the City Council for the purposes of funding a new roof for the Woburn Police Headquarters building on Harrison Avenue.

 

s/Alderman Gately

 

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

Presented to the Mayor: March 3, 2011                Returned Unsigned March 4, 2011

 

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ORDERED     Be It Ordained by the City Council of the City of Woburn that Title 15 of the 1989 Woburn Municipal Code, as amended, be further amended by adding a new, Article VII thereto, entitled “Stretch Energy Code” as follows:

 

VII.      STRETCH ENERGY CODE

15-30 Definitions

International Energy Conservation Code (IECC) 2009 – The International

Energy Conservation Code (IECC) is a building code created by the

International Code Council.  It is a model code adopted by many state and

municipal governments in the United States for the establishment of minimum design and construction requirements for energy efficiency.  Commencing July 1, 2010, the baseline energy conservation requirements of the Massachusetts State Building Code will default to IECC 2009 and Massachusetts amendments.

 

Stretch Energy Code – Codified by the Board of Building Regulations and

Standards as 780 CMR Appendix 120 AA, the Stretch Energy Code is the International Energy Conservation Code (IECC) 2009 with amendments contained therein.

 

15-31 Purpose

 

The purpose of 780 CMR 120.AA is to provide a more energy efficient alternative to the base energy code applicable to the relevant sections of the building code for both new construction and existing buildings.

 

15-32 Applicability

 

This code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 13, 34, 61, or 93, as applicable.

 

15-33 Authority

 

The City of Woburn, seeking to ensure that construction within its boundaries is designed and built above the energy efficiency requirements of 780 CMR, hereby mandates adherence to this appendix. The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA, including any amendments or modifications, is herein incorporated by reference into the Woburn Municipal Code, as amended.

 

15-34 Enforcement

 

The Stretch Code is enforceable by the building commissioner.

 

s/Alderman Haggerty and Alderman Raymond

 

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

 

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ORDERED     That the City of Woburn hereby accepts the Stretch Energy Code as set forth in 780 CMR Appendix 120 AA, as it may be amended from time to time.

 

s/Alderman Haggerty and Alderman Raymond

 

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

_________________________

 

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

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FINANCE:

 

On the Order to transfer the sum of $27,000.00 from various Treasurer Accounts to Tax Title/Foreclosure Account, 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: March 3, 2011                 s/Scott D. Galvin March 3, 2011

 

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On the Order to transfer the sum of $50,000.00 from DPW Highway Salary Account to DPW/Overtime Account, 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: March 3, 2011                 s/Scott D. Galvin March 3, 2011

 

************************* ORDINANCES:

 

On the Order to amend Title 5, Article XII, Section 5-69 to limit the number of taxi cab licenses and livery licenses to be issued, 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 March 3, 2011 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on March 15, 2011.

 

************************* POLICE AND LICENSES:

 

On the petition by Ahmad Abbas dba A.A. Transportation for renewal of Taxi Cab license for one vehicle, 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 March 3, 2011 and ten days having elapsed without same being approved, said License became effective without his signature on March 15, 2011.

 

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A communication dated February 23, 2011 was received from Peter Spinazola, Anchor Body Corporation, 3 Breed Avenue as follows:

 

Dear Mr. Campbell:

 

I am writing to you to request that the Second Class Motor Vehicle Sales License currently licensed to Anchor Body Corporation may be transferred to Anchor Auto Sales, Inc.

 

I, Peter Spinazola am the sole operator and stockholder for Anchor Body Corporation and Anchor Auto Sales, Inc., which are both located at 3 Breed Avenue.

 

When we started the license renewal process in the fall of 2010, Anchor Auto Sales Inc. had not yet been formed. We formed the separate entity on December 29, 2010.

 

I can be contacted if you require additional information.

 

Please inform me of your decision of your earliest convenience.

 

Sincerely, s/Peter C. Spinazola

 

Motion made and 2nd that the TRANSFER OF SECOND CLASS MOTOR VEHICLE SALES LICENSE FROM PETER SPINAZOLA dba ANCHOR AUTO BODY TO ANCHOR AUTO SALES, INC. be APPROVED, all in favor, 9-0.

Presented to the Mayor: March 3, 2011                 s/Scott D. Galvin March 3, 2011

 

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Petition by J&S Landscaping, Inc./Joseph Constantino, 1 Oakland Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.57b of the 1985 Woburn Zoning Code, as amended, to allow accessory storage or parking of commercial vehicles at 1 Oakland Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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A communication dated February 28, 2011 was received from Ellie Pappas, 70 Warren Avenue, Woburn opposed to the proposed renting/leasing of the Clapp School building. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 abstained (DiTucci abstained).

 

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A communication dated February 28, 2011 with attachments was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear President Denaro and Members of the City Council:

 

As you know, the School Committee voted to retain the Clapp School as a potential swing school space. In the interim, the School Committee has authorized the Mayor to enter into a short term lease with the SEEM Collaborative.

 

I am submitting a proposed Order authorizing the Mayor to execute a 3 year lease for the Clapp School with the SEEM Collaborative for not less than $150,000.00/year and requiring the lessee to pay all utilities. Additional terms of the lease are summarized in Exhibit A. There is also a plan of the proposed site, which would remove the existing drop-off area on Hudson Street.

 

I am also submitting an Order requesting the City Council to accept the provisions of MGL c. 40 section 3, requiring all rental proceeds to be retained by the School Department for the upkeep and maintenance of their facilities.

 

Lastly, I have scheduled a special meeting for Tuesday March 8, 2011 at 7:30 pm in the City Council Chambers for a final vote on the matter.

 

Sincerely, s/Scott D. Galvin, Mayor

 

Attached thereto was follows:

 

ORDERED     That pursuant to Title 2, Article I, Section 2-10 of the Woburn Municipal Code, the Mayor is authorized to enter into a lease of the Clapp School, so called, to the SEEM Collaborative, for a term of three years, with two, one-year options, and upon such terms and conditions as are consistent with the “Parameters for Proposed Lease Agreement with SEEM Collaborative” attached hereto as Exhibit A.

 

EXHIBIT A

Parameters for Proposed Lease Agreement with SEEM Collaborative

 

  1. Parties:

“City of Woburn” – Lessor

“SEEM Collaborative” – Lessee

 

  1. Leased Premises (see attached EXHIBIT PLAN  “Clapp School Building Leased Area 40 Hudson St., Woburn, Massachusetts”):

The Clapp School building and the 1.721 acres, 74,990 square feet at 40 Hudson Street and Arlington Road, Woburn, Mass. 01801.  Lessee shall have right to use adjacent field in common with general public.

 

  1. Term:

The term of lease shall be three years commencing July 1, 2011, and terminating June 30, 2014 unless, subject to the written approval of both parties, the lease is extended in one-year increments, for up to two additional years.

 

  1. Rent:

The Lessee shall pay not less than $150,000/year to the Lessor.  Lessee will pay a security deposit of $30,000.00 at beginning of lease.

 

  1. Lessee Responsibilities:
    1. Install phone lines; responsible for monthly billing.
    2. Provide the following Insurance:
      1. Commercial General Liability Insurance covering leased premises and operation with minimum $1 million occurrence for bodily injury or death, personal injury, and property damage.
      2. General Aggregate $2 million.
      3. Auto liability insurance.
      4. Workers Compensation Insurance.
      5. Umbrella Insurance $3 million.
      6. Standard Indemnifications.

 

    1. To be used for conducting only educational programs with a maximum of 80 children in Grades K-8.

 

    1. The Lessee shall provide and pay for maintenance and cleaning services of leased    premises including exterior grounds.

 

    1. Lessee shall pay for all Utilities

 

    1. Lessee will pay for snowplowing of parking lot(s) and sidewalks abutting building, and rubbish removal.

 

    1. Lessee will be responsible for all maintenance and ordinary repairs to premises except for structural portions (including, but not limited to, roof, walls and HVAC) of the premises, for which costs associated with such repairs shall be shared equally by Lessor and Lessee.  Lessee shall be responsible for all repairs to premises as a whole, damaged by negligence of lessee, its agents, servants, or invitees.

 

    1. Except for emergencies, all drop-offs and pickups shall take place at the Arlington Road parking area

 

(6.) Lessor reserves the right to inspect the premises from time to time with reasonable                             notice to determine that the premises are being adequately maintained as agreed herein

 

s/President Denaro

 

ORDERED     That the City of Woburn hereby accepts the provisions of Massachusetts General Laws, Chapter 40, Section 3:

 

The monies received from such rental or lease ( of a school building ) shall be kept  separate and apart from other city funds in the city treasury and may be expended by  the school committee without further appropriation for the upkeep of the facility so rented provided that any balance remaining in such account at the close of the fiscal year shall remain in said acount and may be expended for upkeep and maintenance of any facility under the control of the school committee.

 

s/President Denaro (per request)

 

Alderman Gately stated that he wants a public hearing held on this matter. President Denaro stated that a public hearing cannot be scheduled until after the special meeting and that the Mayor has called a special meeting to address these orders. Alderman DiTucci stated that she would abstain from this matter and moved to the public gallery in the Council Chamber. President Denaro stated that no action is being taken to authorize or not to authorize the proposed lease, and that the City Council is merely accepting the documents so that the matter can be discussed at the City Council level. Alderman Mercer-Bruen stated that if this is discussed in committee it should be as committee of the whole, and that the matter can be handled at the special meeting scheduled for March 8, 2011. Alderman Drapeau stated that public input will be accepted in the committee meeting and that the Committee on Finance meeting will be scheduled for March 7, 2011 at 7:00 p.m. President Denaro stated that reviewing the matter in committee will allow the City Council time to analyze the information before the City Council meeting on March 8, 2011. Motion made and 2nd that the communication be forwarded to the Committee on Finance, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Motion made and 2nd that the TWO ORDERS be REFERRED TO THE COMMITTEE ON FINANCE,

8 in favor, 0 opposed, 1 absent (DiTucci absent). Motion made and 2nd that the

COMMITTEE ON FINANCE MEET AS A COMMITTEE OF THE WHOLE ON

THESE MATTER, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Alderman Gately stated that because this is a non-conforming use of the building renting the property to this third party tenant will be extending the non-conforming use, that a special permit may have to be granted for the proposed use, that there are ADA compliance issues with the building and that a site plan will be required to address parking issues. Alderman Mercer-Bruen stated that unless the lease is approved the parking and special permit issues will not be needed, and that the City Solicitor could be asked for a legal opinion as to whether the issues will be required. Alderman Gately stated that this is a municipal building now and these issues need to be addressed. Motion made and 2nd that a

COMMUNICATION be FORWARDED TO THE CITY SOLICITOR REQUESTING A LEGAL OPINION RELATIVE TO THE FOLLOWING ISSUES: 1. Whether the

expansion of the use of the Clapp School building by a proposed third party tenant will require a special permit, 2. Whether a site plan of the Clapp School site will be required with respect to parking issues on the locus, and 3. Whether the Clapp School building must come into compliance with the American with Disabilities Act requirements if the property is leased to a proposed third party tenant, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

 

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Alderman DiTucci returned to the City Council legislative area of the Council Chamber.

_________________________

 

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

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:30 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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