City Council – 03/15/2011

DATE 03/15/2011
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 15, 2011 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro

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

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MAYOR’S COMMUNICATIONS:  None.

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PUBLIC HEARINGS:  

On the petition by Alderman Haggerty and Alderman Raymond to adopt Woburn Municipal Code, Title 15, Article VII entitled “Stretch Energy Code” and a petition to accept 780 CMR Appendix 120 AA “Stretch Energy Code”.  PUBLIC HEARING OPENED. A report was received from the Committee on Ordinances as follows: ought to pass”. IN FAVOR: Purchasing Agent Sarah Stanton stated that this is one part of a five part criteria to be designated and energy efficient community. Mayor Scott Galvin stated that he is in favor of the Green Community Initiative of which this is part, and that there will be benefits to the community by receiving this designation. OPPOSED: None. Motion made and 2nd that the public hearing is closed, all in favor, 9-0. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: March 17, 2011               s/Scott D. Galvin March 17, 2011

 

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On the petition by Woodco Machinery, Inc., 22 North Maple Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended, to allow for the use of a portion of the identified property for additional parking and storage of equipment and vehicles in connection with its existing use of the adjacent property, at Assessors Map 9, Block 7, Lot 3 Merrimac Street adjacent to 22 North Maple Street. PUBLIC HEARING OPENED. A communication dated March 11, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Woodco Machinery, Inc. – Lot 3 Merrimac Street – To allow use of a portion of the property for additional parking and storage of equipment and vehicles, in connection with its existing use of the adjacent property at 22 North Maple Street pursuant to Section 5.1.57b

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on March 1, 2011, the Board voted to send a favorable recommendation to the City Council on the Special Permit application of Woodco Machinery, Inc., regarding the property at Lot 3 Merrimac Street, subject to the following conditions:

 

  1. That the existing gravel surface shall be regraded and supplemented to the satisfaction of the Building Department;
  2. That the weedy vegetative growth within the fenced parking and storage area shall be cleared and removed;
  3. That all debris within the fenced parking and storage area shall be removed and disposed of;
  4. That the fence enclosing the parking and storage area shall be 6’ in height and be sight impervious;
  5. That the existing access on the north side of the site shall be closed and 2 new access gates shall be installed on the south side of the site in accordance with the “Site Plan” prepared by Fay, Spofford & Thorndike, LLC dated January 3, 2011;
  6. That signs shall be installed at all exits instructing truck drivers to use New Boston Street rather than Merrimac Street;
  7. That the parking of the vehicles shall be approved by the Fire Chief with regard to fire safety and access for fire protection; and
  8. That all registered vehicles parked or stored overnight on the site shall be registered in the City of Woburn.

 

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

Sincerely,

 

Edmund P. Tarallo, Planning Director

 

A communication dated February 24, 2011 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 22 North Maple Street – Woodco Special Permit – Special Permit Application Dated February 7, 2011 – Site Plan Dated January 31, 2011

 

The applicant is seeking a special permit to use a portion of the above referenced property for additional parking and storage of equipment. The site was previously used as a bus storage area and according to the submitted narrative, is currently vacant.

 

The submitted site plan shows that the existing access to the property from New Boston Street will be closed off with an 8 foot high fence and two proposed 26 foot wide access locations will be created at the southerly portion of the site.

 

There is no impervious surfaces that are being proposed and upon review of the special permit application, this office takes no exception to the application as submitted.

 

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

 

Appearing for the petitioner was Attorney Thomas Voltero, Duval, Klasnick & Pastel LLC, 10 Cedar Street, Suite 17, Woburn, Massachusetts 01801 and he stated that the petitioner will use the lot adjacent to their present lot for parking, that the petitioner will clean the lot, fence the lot and add gates, and that there is no opposition to a condition restricting transferability of the special permit. Alderman Raymond stated that he visited the locus and spoke to the Planning Board Director regarding the petition, and that the proposal will help the area and clean that corner of Merrimac Street. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that this business had a small presence in Woburn until about twelve years ago, that the petitioner made a decision to move the business to Woburn, that this is a good business, that the company contributes to local charities, that the vehicles do not drive on residential streets, and that the petitioner follows restrictions place on the business. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 90. PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, 2. That a condition 9 be added as follows: “9. That no trucks shall travel on Merrimac Street”, 3. That a condition 10 be added as follows: “10. That a snowplowing plan shall be filed”, 4. That a condition 11 shall be added as follows: “11. That the special permit shall not be transferable”, and  5. That Planning Board condition 7 shall be amended to read: “7. That the parking of the vehicles shall be approved by the Fire Chief with regard to fire safety and access for fire protection and reduced to a written plan that shall be filed”, all in favor, 9-0.

 

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On the petition by T-Mobile Northeast, LLC, 15 Commerce Way, Suite B, Norton, Massachusetts 02766 for a special permit pursuant to Section 5.1.80b of the 1985 Woburn Zoning Ordinances, as amended, to add one antenna on the roof in a new faux chimney structure and associated cables to the existing equipment area with no new base equipment at 667 Main Street. PUBLIC HEARING OPENED. A communication dated March 11, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  T-Mobile Northeast, LLC – 667 Main Street – To add 1 new antenna on the roof in a new faux chimney structure and associated cables to existing equipment area pursuant to Section 5.1.80B, 5.1, 5.6, & 6.2.8.

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on March 1, 2011, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of TMobile Northeast, LLC, regarding the property at 667 Main Street subject to the following conditions:  

 

  1. That the new antenna shall be in compliance with Section 6.2.8; and
  2. That the hours for routine maintenance shall be Monday through Friday 9:00 A.M. to 5:00 P.M.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Dick Man, Agent for T-Mobile Northeast, LLC, 831 Beacon Street, Suite 259, Newton, Massachusetts 02459 and he stated that the antenna will be thirteen feet in height and screened in a faux chimney, that the chimney will be painted to match the building and blend with the surrounding area, that the antenna will be located fifteen feet from all aides of the building and the is thirty-five feet above ground level, that the antenna will provide 3G wireless coverage for the area, that the proposal uses an existing wireless communication link facility to minimize the impact on the community, that the equipment will take approximately two days to install, that there

will be occasional maintenance, and that there will be little impact on the traffic. 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

19, 2011 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON

SPECIAL PERMITS, all in favor 9-0.

 

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On the petition by President Paul Denaro to amend Section 5.2 of the 1985 Woburn Zoning Ordinances, as amended, as follows: That current Section “5.2.4 (6)” be renumbered, by deleting said sub-section (6) and inserting the same provision as part of Section 5.2.1(“General Requirements for All Districts”), by adding a new sub-section (4). The provision, thus renumbered, would read as follows: 5.2.1 (General Requirements for All Districts)….. (4)  “Access to the buildable portion of a lot shall be gained from a lot’s legal street frontage only.  Access to lots by so-called “common driveways or access easements shall be prohibited.” PUBLIC HEARING OPENED.  A communication dated March 11, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: City Council President Paul Denaro – Zoning Amendment – to amend Section 5.2 by deleting Section “5.2.4(6)” and inserting the same provision as part of Section 5.2.1

(“General Requirements for All Districts”), by adding a new sub-section (4)

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on March 1, 2011, the Board voted to forward a favorable recommendation to the City Council regarding the zoning amendment to relocate Section 5.2.4(6) and inserting the same provision as part of Section 5.2.1 (“General Requirements for All Districts”), by adding a new sub-section (4).

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was City Solicitor John D. McElhiney and he stated that this matter was brought forward after the Building Department noted that the section appears to be in the wrong section of the zoning code, that the section was added to the zoning code in 2000, that it has been in its present section since 2000, that Section 5.2.4.6 referred to the use of residentially zoned property to get to commercially zoned property, that there are five conditions to this section and the section under review was added to that section, that the section under review refers to isolated lots and the Building Commissioner is of the opinion that this was placed in the wrong section of the zoning code, that the Building Commissioner interprets the section as applying to all isolated lots and not just to the residentially zoned lots near commercial lots, that the present location creates an enforcement issues in this section, that this proposal will not change the substance of the ordinance from the policy established by the city in 2000, that the proposal would move the section to a new Section 5.2.1.4 and apply to all districts, and that this will codify what the Building Commissioner has been enforcing. Building Commissioner Steven Paris stated that he has interpreted the section to apply to all districts and has enforced the section in that manner, and that if there is an issue with the policy the City Council should address that now. Alderman Gately stated that the ordinances can be confusing, and that if this moves the ordinance to a place in the zoning code where it is understandable then he supports it. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that he suggest legal counsel review the matter and issue a new table if necessary to show where this applies, that there have been issues about vehicles using residential property to get to commercial property, that this should be in a format that is easy to read, and that the City Council should review all the sections. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor March 17, 2011 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on March 29, 2011.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petition by Woburn Bowladrome Inc.,  32 Montvale Avenue for renewal of Bowling Alley 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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Petitions for renewal of Taxi Cab Licenses by Abdulla Nasser dba AACO Travel Taxi

Service, 329 Washington Street; Mourad Djiar dba ABCE Taxi of Woburn, 165 New

Boston Street, Suite 241; Maqsud Shaikh dba Bombay Taxi, 165U New Boston Street, Suite 275; and Checker Cab of Woburn, Inc., 289R Salem Street. Motion made and 2nd

that the MATTERS be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petition for renewal of Livery License by Checker Cab of Woburn, Inc., 289R Salem Street. 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 for renewal of Common Carrier License by Boston Tours Inc., 56 Williams Street, Waltham, Massachusetts 02154. 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 Steven Alicandro db SureRide, 400 TradeCenter, Suite 5900 for a new Taxi Cab License for one (1) vehicle. 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 New Cingular Wireless PCS, LLC dba AT&T Mobility (AT&T), 550

Cochituate Road, Framingham, Massachusetts 01701 for a special permit pursuant to

Section 5.1.80a of the 1985 Woburn Zoning Ordinances, as amended, to install three (3) panel antennas, in addition to AT&Ts existing antennas, to existing 75 foot monopole at an antenna centerline height of 64 feet, remote radio heads and surge arrestor for new network service upgrade with associated antenna and electronic equipment, fiber and coax conduits, and install additional equipment in existing AT&T equipment shelter at base of existing monopole, at 100 Sylvan Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Cabot Risk Strategies LLC, 12 Gill Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.30b, 5.1.69 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to use the existing approximately 16,578 square foot building for “business, professional and general office use” and to allow for the alteration of a non-conforming use/structure at 15 Cabot Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by 859 Main Development, LLC, 57 Russell Street, Woburn, Massachusetts

01801 for a special permit pursuant to Section 22 of the 1985 Woburn Zoning Ordinances, as amended for a proposed 98 unit condominium development at 859 Main

Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING AT THE REGULAR MEETING OF THE CITY COUNCIL ON APRIL 19, 2011, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated March 2, 2011 was received from Joanne Collins, Director, Woburn Council on Aging along with a copy of the Director’s Report and the minutes of the Council on Aging for the month of February. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

ORDERED     Whereas, the City of Woburn contains distinctive and historic resources that help make up the city’s special character;

Whereas, the City of Woburn has adopted a Demolition Delay Ordinance that establishes a review process when property owners affirmatively seek to demolish a significant property;

Whereas, on occasion, property owners have failed to maintain their properties and these distinctive resources have been lost even though a demolition permit has not been sought, i.e., “demolition by neglect”;

Whereas, it is in the public’s best interest to establish a process to prevent demolition by neglect and the associated loss of significant buildings; Now, Therefore, Be it ordained by the City Council of the City of Woburn that a new Title 15, Article VII of the 1989 Woburn Municipal Code, as amended, be adopted as follows:

 

Article VII. MINIMUM MAINTENANCE STANDARDS FOR HISTORICAL RESOURCES

15-30  Purpose.

This Section is intended to preserve and protect significant buildings in the City of Woburn in conjunction with the Demolition Delay Ordinance and the Historic District Commission Ordinance. Exclusions…

 

15-31  Demolition by neglect prohibited.

 

No owner or person with an interest in real property that is within a Local Historic District, is on the National or State Registers of Historic Places, is eligible for demolition delay under Title 15 Article V, Demolition Delay or has been determined to be a significant building or structure shall fail to preserve or otherwise permit a deterioration or decay of any significant exterior architectural feature, including, but not limited to, balustrades, bargeboards. belt courses, brackets, buttresses, chimneys, corbelling, cornices, cresting, decorative carvings, dentils, finials,  gable ends, masonry, pediments, porches, roofing, shutters, siding, spires, stained glass, towers,  and window sashes and casings, provided that such deterioration or decay is not otherwise regulated by the state building code. Nothing in this ordinance shall be construed to prohibit a property owner from installing replacement siding.

 

15-32   Original Condition.

 

Nothing in this ordinance shall be construed to require a property to be renovated or restored to original conditions.

 

15-33   Procedure.

 

  1. If any property is suspected of being in deterioration and decay and is potentially “significant”, a duly noticed public meeting shall be scheduled before the Historical Commission to determine if the property is “significant”. The property owner and direct abutters shall be provided with written notification regarding the public meeting and advised of their ability to provide comment.

 

  1. The Historical Commission shall state in writing the findings of fact in support of such determination of violation of this Minimum Maintenance Standards Ordinance and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within a time to be specified in the written decision those features of the structure that do not comply with Section B.  Findings made by the Historical Commission may be appealed to the Woburn Board of Appeals. To perfect such an appeal, a written application must be filed by an aggrieved party with the Historical Commission within ten (10) business days following receipt of the order. A hearing on the appeal shall be held within sixty (60) days of the written application.

 

15-34  Enforcement.

 

  1. The provisions of this section may be enforced by the Historical Commission, by noncriminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D. Each day on which a violation exists shall be deemed a separate offense. No fine shall be levied in accordance with Massachusetts General Laws Chapter 40, Section 21D unless and until the Historical Commission sends a written notice to the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the fines. If after the allotted time period has expired and after the hearing of an appeal. If any, by the Woburn Board of Appeals corrective action has not been completed, any person, firm, corporation, association or other entity violating any provision of this section shall be punished by a fine of $100 per day.
  2. After Action: If, after the allotted time period has expired and after the hearing of an appeal, if any, the owner or person with an interest in property has failed to meet the requirements of this ordinance, the City may enter the property, subject to applicable law, to correct the violations of this ordinance. The City shall charge the expenses incurred in doing such work or having work done or improvements made to the owner of record of such property. If such work is done or improvement made at the expense of the City then such expenses shall be assessed as a lien on the real estate, lot, or lots upon which such expense was incurred. Subject to applicable law, the City is authorized to enter upon private property at all reasonable hours for the purpose of completing the work necessary for correcting the violations of this section.

 

  1. Severability.  In case any section, paragraph or part of this section for any reason shall be declared invalid by any court, every other section, paragraph and part shall continue in full force and effect.

 

15-35  Definitions.

 

For the purposes of this Section and unless the context of usage clearly indicates another meaning, terms and words shall have the meaning given in the Demolition Delay Ordinance set forth in Title 15, Article V.

 

s/Alderman Raymond

 

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

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ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 52-54 High

Street; and

 

WHEREAS, the said building or buildings and the property is generally not being properly maintained;

 

NOW, THEREFORE, BE IT ORDERED be the City Council of the City of Woburn that the City Clerk and Clerk of the City Council schedule a public hearing pursuant to Mass. General Laws Ch. 139, Sec. 1, et. seq., and give notice thereof to the owner of said building or buildings, said hearing to be conducted for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, 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.

 

s/Alderman Gately

 

Motion made and 2nd that MATTER be SET UP RO A PUBLIC HEARING AT THE REGULAR MEETING OF THE CITY COUNCIL ON APRIL 19, 2011, all in favor, 9-

0.

Presented to the Mayor March 17, 2011 and ten days having elapsed without same being approved, said Order became effective without his signature on March 29, 2011.

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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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RESOLVED That the Committee on Special Permits review the special permit issued

December 26, 2008 to Hess Corporation fka Amerada Hess Corporation,

Petitioner, and Robert McSheffrey, Trustee of 306 Montvale Avenue

Realty Trust, Landowner, for a special permit pursuant to Sections

5.1.46a, 5.1.46b, 5.1.22a Note 16 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow self-service/full service gasoline station with convenience store at site of already existing gasoline station, convenience store, car sales and repairs at 306 Montvale Avenue.

 

s/Alderman Mercer-Bruen

 

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

 

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

 

On the Order to transfer the sum of $40,000.00 from Hurld Boiler Replacement Account and Hurld Handicap Account to School ADA Citywide 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 17, 2011               s/Scott D. Galvin March 17, 2011

 

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On the Order to appropriate the sum of $182,600.00 from Insurance Reimbursement

Account to Goodyear School 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 17, 2011               s/Scott D. Galvin March 17, 2011

 

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

 

On the request to adopt a Fuel Efficient Vehicle Policy, committee report was received ought to pass.

 

RESOLVED    That the City of Woburn hereby adopts the Fuel Efficient Vehicle Policy dated July 1, 2011, a copy of which is annexed hereto,

 

s/Alderman Anderson

 

Alderman Haggerty stated that the Green Community Initiative will save taxpayers money and will allow the city to apply for grants, and that by establishing fuel efficient policies the city will use less fuel and save money. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: March 17, 2011               s/Scott D. Galvin March 17, 2011

 

************************* MUNICIPAL LANDS:

 

On the Order to authorize the Mayor to accept a deed in lieu of foreclosure of taxes from the owners of a certain parcel of land containing 2.02 acres on Fourth Road, 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 17, 2011               s/Scott D. Galvin March 17, 2011

 

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Alderman Gately abstained from participating in the following matter.

 

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On the petition relative to a Conservation Easement and Restriction received from G&H Realty Trust 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”, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 abstained (Gately abstained).

Presented to the Mayor: March 17, 2011               s/Scott D. Galvin March 17, 2011

 

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A communication dated March 15, 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 may recall, the City Council approved two separate bond orders on November 16, 2010 for roof work at the Kennedy ($1,650,000.00) and Joyce ($1,250,000.00) Middle Schools. These estimates were derived using an estimate of $18.00 / square foot.

 

The detailed investigation by the City’s architect, Gale Associates, have revealed numerous structural defects, besides the roof, that contribute to excess infiltration at both Schools. In addition, the 8th addition of the Building Code, adopted in February of 2011, requires roof replacements to undertake a structural evaluation of the roof and attachments. This requirement alone has substantially increased the cost of both projects.

 

The cost for the new roof at the Kennedy has been revised to $ 3.9 million and The Joyce

$ 1.8 million. The MSBA has indicated the y will reimburse 51% of all costs for The Kennedy and 25% of all costs for The Joyce. The full MSBA Board will meet on March 30, 2011 to make the final Decision on which costs will be approved for reimbursement.

 

In order to keep the projects on schedule, I have attached two new bond authorizations in the above noted amounts. I would ask that a committee meeting be held after the MSBA meets to insure that the above reimbursement rates are approved for all costs and to discuss the merits of proceeding under the MSBA Green Roof Grant Program.

 

Sincerely, s/Scott D. Galvin, Mayor

 

Attached thereto were the following:

 

ORDERED     That $1,800,000.00 be and is hereby appropriated to pay costs of roof repairs to the Joyce Middle School, located at 55 Locust Street, including payment of all feasibility study and any other costs associated therewith (collectively, the “Project”), which proposed Project would materially extend the useful life of the school building described above and preserve an asset that otherwise is capable of supporting the required educational program, said sum to be expended under the direction of the School Building Committee; to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority; that the City acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lesser of (1) fifty one and 21/100 percent (51.21%) of eligible, approved project costs, as determined by the MSBA, or (2) the toal maximum grant amount determined by the MSBA, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any amounts received from the MSBA prior to the issuance of any bonds or notes under this vote.

 

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

 

s/President Denaro

 

ORDERED     That $3,900,000.00 be and is hereby appropriated to pay costs of roof repairs to the Kennedy Middle School, located at 41 Middle Street, including payment of all feasibility study and any other costs associated therewith (collectively, the “Project”), which proposed Project would materially extend the useful life of the school building described above and preserve an asset that otherwise is capable of supporting the required educational program, said sum to be expended under the direction of the School Building Committee; to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority; that the City acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lesser of (1) fifty one and 21/100 percent (51.21%) of eligible, approved project costs, as determined by the MSBA, or (2) the toal maximum grant amount determined by the MSBA, and that the amount of

borrowing authorized pursuant to this vote shall be reduced by any amounts received from the MSBA prior to the issuance of any bonds or notes under this vote.

 

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

 

s/President Denaro

 

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

 

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A communication dated March 15, 2011 with attachments was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear President Denaro and Members of the City Council:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Barbara Ridley, 129 Place Lane, to the Woburn Council on Aging, subject to confirmation by the City Council, and with a term to expire on December 31, 2013.

 

Respectfully, s/Scott D. Galvin, Mayor

 

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

 

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A communication dated March 15, 2011 with attachments was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear President Denaro and Members of the City Council:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Paul Medeiros, 9 Marietta Street, to the Woburn License Commission, subject to approval by the City Council, to replace Douglas Murphy, 11 Marion Avenue, who resigned, with a term to expire June 30, 2015.

 

Respectfully, s/Scott D. Galvin, Mayor

 

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

 

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A communication dated March 11, 2011 was received from Edmund Tarallo, Planning Director as follows:

 

Dear Members of the Council:

 

On March 1, 2011 the Woburn Redevelopment Authority held its Annual Meeting. As part of the meeting an election of officers was conducted. The elected officers this year are as follows:

 

Chairman: Donald Queenin

Vice Chair: Gary Fuller

Corresponding Secretary: Lorrin Ferlisi

Treasurer: Arthur Duffy

Assistant Treasurer: Wayne McDaniel

 

On behalf of the Woburn Redevelopment Authority, we remain committed to working with the City to accomplish it economic and community development objectives.

 

Sincerely, s/Edmund Tarallo, Planning Director

 

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

 

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Petition by Cambridge Road Auto Service, Inc. dba Woburn Plaza Shell for renewal of Second Class Motor Vehicle Sales 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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Motion made and 2nd to take the matter relative to the Woburn Industrial Finance Board from the Committee on Finance and the Committee on Municipal Lands, all in favor, 9-0.

 

ORDERED     Be it ordained by the City Council of the City of Woburn as follows:

 

That the Woburn Industrial Development Financing Authority is hereby dissolved in accord with the provisions of Massachusetts G.L. Chapter 40D, Section 2.

 

s/President Denaro

 

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

Presented to the Mayor: March 17, 2011               s/Scott D. Galvin March 17, 2011

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

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:08 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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