City Council – 05/02/2006

DATE 05/02/2006
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

MAY 2, 2006 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Ciriello                        Gately

                                                Denaro                       Galvin

                                                            Drapeau                      Gonsalves

                                                Dwyer                         Mercer-Bruen

Doherty

_________________________

 

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

_________________________

 

Motion made and 2nd to suspend the rules for the purposes of hearing from His Honor the Mayor concerning the FY2007 municipal budget and for the purpose of taking a matter out of order, all in favor, 9-0.

_________________________

 

Dear President Doherty and Distinguished Members of the City Council:

 

Attached is a copy of the FY 2007 Budget for the City of Woburn. The entire budget, including the water and sewer enterprise fund, requires a total appropriation of $102,876,908.07. The regular city appropriation is $88,581,414.88 and the water and sewer appropriation is $14,295,493.19 excluding the indirect cost of $1,974,435.74. The total budget increase for FY 2007 is $4,692,055.11. The vast majority of this increase is related to nondiscretionary increases in costs such as increases in MWRA rates, health insurance premiums and energy costs.

 

GENERAL OPERATING BUDGET

 

I am pleased to inform you that we have been able to identify $635,000.00 in real-time cost saving measures which can be attributed to proactive and effective management of city costs and practices. These savings are as follows:

 

Three positions phased out in DPW $172,000.00
Reduction of Grant Writer Salary & Benefits $40,000.00
Changeover to OBRA from Social Security $150,000.00
Suspension of Benefits in Law Department and Mayor’s Office $75,000.00
Cell Phone Plan Consolidation $28,000.00
Change in Waste Management Contract Concerning Appliances $150,000.00
MMA Tax Title services $20,000.00

 

Total                                                                                                     $635,000.00

 

SCHOOL BUDGET

 

The $40,600,173 budget for Woburn Schools and the $1,501,023 for the Northeast

Metropolitan Regional Vocational School reflect a moderate 4.5% increase from FY 2006 and take into consideration a like number of nondiscretionary cost increases. This increase is in line with a number of other increases in neighboring and comparable size communities. More importantly, this increase insures our ongoing commitment to our children’s education which is a long-established tradition in the City of Woburn.

 

WATER & SEWER ENTERPRISE FUND

 

The City of Woburn received notification from the MWRA that our water and sewer rates for FY 2007 will increase by 16%. This is the largest rate increase in over a decade and is driven primarily by MWRA debt service on bonds issued to fund the Boston Harbor cleanup and other mandated MWRA projects. This increase effectively leaves us with a $2,700,000 dollar shortage in revenues in our water and sewer enterprise fund. In order to provide some relief for our rate payers, I will submit a $1,532,000 dollar appropriation from our free cash account to offset a large portion of this increase for FY 2007.  The allocation of this free cash will not have any adverse impact on property taxes. This would leave our ratepayers facing an approximately 8.8% increase in their FY 2007 water/sewer bills. Fortunately, due to our aggressive collection of tax delinquent monies, we realized 1.4 million dollars in FY 2006 that will contribute to offsetting this increase.

 

We have also received information from the MWRA concerning anticipated increases for FY 2008 through FY 2011. Because it is apparent that MWRA water and sewer rates will increase during these years, I have submitted an ordinance that will tie water and sewer rates to MWRA rate increases and to increases in costs for capital expenditures associated with the elevated levels of iron and manganese in our water distribution system. This ordinance will serve to eliminate the need for the City Council to consider voting for water and sewer increases each fiscal year when the budget is submitted.

 

CAPITAL IMPROVEMENTS

 

During this year’s budget preparations, I asked all major departments to submit a sevenyear capital improvement plan separate from their operating budgets. This has allowed us to plan accordingly for anticipated capital improvements. Attached to this budget are the capital expenditures I have approved for FY 2007. I will be submitting a $1,527,675.00 appropriation for these improvements that will come from the surplus in our overlay reserve account. I fully support making this investment in our schools and our equipment needs to maintain the vital services that we deliver to the citizens and taxpayers of

Woburn. Again, this proposal will not have any adverse impact on our property taxes.

 

 

RESERVES

 

In FY 2007, the City of Woburn will continue to maintain healthy reserves along with our Aa3 bond rating, in spite of ever-increasing nondiscretionary costs.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

                CITY OF WOBURN                                                  FISCAL 2007  BUDGET

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ORDERED: that for the purpose of defraying expenses for the fiscal year        July 1,2006 / June 30, 2007 the following sums of money be and           they are respectfully appropriated to the accounts and for objects        and purpose herein after stated and explained:                       

                                                   

Page                 Department             Dept Code #                                      Summary       Total

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  1. City  Council     0111     Salary 91,045.20  

                                                                           Maintenance                  10,950.00  101,995.20

                                                   

  1. Mayor    0121     Salary 171,428.84       

                                                                           Maintenance                  33,300.00  204,728.84

                                                   

  1. Community Services    0122     Maintenance    152,000.00        152,000.00

                                                   

  1. Auditor 0134     Salary 228,138.35       

                                                                           Maintenance                110,600.00  338,738.35

                                                   

  1. Purchasing       0136     Salary 116,327.40       

                                                                           Maintenance                    2,700.00  119,027.40

                                                   

  1. Assessor          0137     Salary 387,861.43       

                                                                           Maintenance                  28,800.00  416,661.43

                                                   

  1. Treasurer / Collector     0138     Salary 344,102.62       

                                                                           Maintenance                135,300.00  479,402.62

                                                   

  1. Law       0151     Salary 212,000.00       

                                                                           Maintenance                123,400.00  335,400.00

                                                   

  1. Data Processing           0154     Salary 30,000.00        

                                                                           Maintenance                  93,300.00  123,300.00

                                                   

  1. City Clerk          0161     Salary 226,519.09       

                                                                           Maintenance                  10,600.00  

                                                                           Outlays                            1,500.00  238,619.09

                                                   

  1. Election & Reg 0162     Salary 46,545.20        

                                                                           Maintenance                  25,850.00  

                                                                           Outlays                                  0.00   72,395.20

                                                   

  1. License Commission    0164     Salary 12,000.00        

                                                                           Maintenance                          0.00   12,000.00

                                       

  1. Human Resources        0170     Salary 118,138.35       

                                                                           Maintenance                  16,600.00  134,738.35

                                                   

  1. Conservation    0171     Salary 82,452.45        

                                                                           Maintenance                    7,350.00  

                                                                           Outlays                            8,250.00   98,052.45

                                                   

  1. Planning Board             0172     Salary 157,596.04       

                                                                           Maintenance                    7,125.00  164,721.04

                                                   

  1. Board of Appeals          0173     Salary 22,000.00        

                                                                           Maintenance                          0.00   22,000.00

                                                   

  1. Sundry Boards 0174     Maintenance    34,600.00         34,600.00

                                                   

18-21        Police                                    0210          Salary                        7,162,969.97  

  1. Maintenance 624,425.00       
  2. Outlays          0.00      7,787,394.97

                                                   

                                                   

                                                   

Page                 Department             Dept Code #          Summary                                   

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24-25 Fire 0220 Salary 5,222,078.29 26   Maintenance 301,888.78

  1. Outlays          0.00      5,523,967.07

                                                   

  1. Inspection Services   0251           Salary 412,686.63       

                                                                           Maintenance                  11,830.00  

                                                                           Outlays                                  0.00  424,516.63

                                                   

  1. Sealer of Weights      0254           Salary 14,574.43        

                                                                           Maintenance                      650.00   15,224.43

                                                   

  1. Civil Defense 0291     Salary           33,346.32        

                                                                           Maintenance                    1,850.00   35,196.32

                                                   

  1. Woburn School          0300           Budget             40,600,173.00         

31           Northeast Regional               0301          Budget                      1,501,023.00  

Teachers Retirement

  1. Incentive           0302     Budget             98,572.98         42,199,768.98

                                                   

  1. Engineering      0410     Salary 248,471.92       

                                                                           Maintenance                  13,025.00  

                                                                           Outlays                          10,000.00  271,496.92

                                                   

33-36 Public Works 0411 Salary 2,232,856.63 37 Public Works 0412 Administration 35,000.00 37 Public Works 0413 City Hall Maint 112,500.00 37      Public Works   0414     Tree Moth        37,501.00

38 Public Works 0416 Surface Drain 30,000.00 38 Public Works 0417 Street Maint 182,001.00 39 Public Works 0418 Snow Remove 279,000.00 39 Public Works 0419 Traffic Control 85,900.00 39 Public Works 0420 Street Lighting 525,000.00 40 Public Works 0421 Repair & resur 37,500.00 40 Public Works 0422 Sidewalk Rep 18,000.00 40 Public Works 0424 Comm. Events 15,500.00 40 Public Works 0425 Bridge Repair 1,000.00 40 Public Works 0426 Fence Repair     2,000.00 41 Public Works 0428 City Garage 68,500.00 41 Public Works 0429 Telephone 51,625.00

41 Public Works 0430 Gas  &  Oil        217,500.00 42 Public Works 0432 Trucks& equip 157,000.00 42 Public Works 0435 Public building 105,000.00

  1. Public Works 0436     Outlays           0.00       

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  1. Total Public Works              Budget                        4,193,383.63

                                       

  1. Cemetery       0490     Salary           377,482.46       
  2. Maintenance 5.00     
  1. Outlays          10,000.00          387,487.46

                                                   

  1. Board of Health          0512           Salary 309,638.05       
  2. Maintenance 24,650.00        

                                                   

  1. Rubbish Removal      0495           Maintenance    2,458,700.00          2,792,988.05

                                                   

  1. Council on Aging       0541           Salary 165,939.45       

                                                                           Maintenance                  61,100.00  227,039.45

                                                   

  1. Veterans Benefits      0543           Salary 35,550.40        

                                                                           Maintenance                    2,000.00  

                                                                           Benefits                         49,938.00   87,488.40

                                                   

  1. United Veterans         0544           Maintenance    7,450.00          7,450.00

                                                   

  1. Public Library            0610           Salary 843,024.24       
  2. Maintenance 214,079.00       

                                                                                                                1,057,103.24

                                                   

  1. Recreation     0620     Salary           68,000.00        

55                                                                          Programs                       99,420.00  

56-57                                                                       Maintenance                  79,270.00  246,690.00

                                                   

  1. Parks 0630 Salary 332,050.10 59   Maintenance 57,225.00
  2. Outlays          144,000.00          533,275.10

                                                   

  1. Historical Comm.       0650           Maintenance    10,000.00          10,000.00 Handicap
  2. Commission 0660     Maintenance           500.00  500.00

                                                   

  1. Biotech Commission 0670           Maintenance    500.00          500.00

                                                   

  1. Sign Review Board    0680           Maintenance    500.00          500.00

                                                   

Historical District

  1. Commission 0690     Maintenance           1,000.00           1,000.00

                                                   

  1. Maturing Debt            0710           Principal          1,615,866.00         

                                                                           Interest                        733,589.39 2,349,455.39

                                                   

  1. Interest Temp Loans 0715           Interest            178,135.05          178,135.05

                                                   

  1. Woburn Retirement    0970           Salary&Maint   3,984,051.00          3,984,051.00

                                                   

Non Contributory

  1. Pensions        0970     Salary           130,196.42        130,196.42

                                                   

  1. Unemployment          0980           Maintenance    65,000.00          65,000.00

                                                   

  1. Insurance       0980     Maintenance           12,423,226.40   12,423,226.40

                                                   

  1. Medicare Tax 0980     Maintenance           600,000.00        600,000.00

                                                   

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            TOTAL GENERAL FUND BUDGET                                             88,581,414.88

             

             

             

     4,649,802.16  

9,645,691.03  

 

1,974,435.74  

14,295,493.19
16,269,928.93 14,295,493.19

                           

                           

Water & Sewer Enterprise Fund

72-73        Budget                                                    

Water =

74-77                                                      0450           

Sewer =

78-82                                                      0440           

Direct Charges to

                                                                                          Enterprise Fund

Indirect Charges

Reflected in

                                                                                               General fund 

             Total Enterprise Fund Budget                 

                                                   

                                                   

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Grand Total

Fiscal 2007

                                                        Budget                                         102,876,908.07

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s/President Doherty

 

 

Motion made and 2nd to accept the Fiscal Year 2007 budget, all in favor, 9-0. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

_________________________

 

Motion made and 2nd to TAKE FROM TABLE the committee report relative to the reappointment of John Marlowe as a member of the Woburn Redevelopment Authority, all in favor, 9-0. On the report of the Committee on Personnel relative to the re-appointment of John Marlowe as a Member of the Woburn Redevelopment Authority, committee report was received “ought not to confirm”. Motion made and 2nd that the COMMITTEE REPORT be REJECTED, 8 in favor, 1 opposed (Drapeau opposed). Motion made and 2nd that the re-appointment of John Marlowe as a member of the Woburn Redevelopment Authority be APPROVED, 7 in favor, 2 opposed (Drapeau, Gately opposed).

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

_________________________

 

ORDERED     That the sum of $4,947,669.44 be appropriated as follows from Debt Reserve Fund Acct #648059-596100 $4,947,669.44 to Interest on

Temporary Loans Acct #0171559-592500 $2,182,419.44, Debt-Long

Term Interest Acct#0171059-591500 $1,265,250.00, Debt-Long Term

Principal Acct#0171059-591000 $1,500,000.00, Total $4,947,669.44

Purpose: 1. Payment on Short Term B.A.N. for High School due on 10/6/06, 2. Payment on Long Term Bond for High School due on 11/15/06.

 

I hereby approve the above: s/Thomas L. McLaughlin, Mayor

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

 

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 $775,125.00 be appropriated as follows from Debt

Reserve Fund Acct#648059-596100 $775,125.00 to Interest on Temporary

Loans Acct #0171559-592500 $127,500.00, Debt-Long Term Interest Acct #0171059-591500 $647,625.00, Total $775,125.00 Purpose: 1. Short term interest payment on B.A.N. due 1/19/06, 2. Long term interest on high school bond due 5/15/06.

 

I hereby approve the above: s/Thomas L. McLaughlin, Mayor

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

 

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

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS:  

 

ORDERED     That the sum of $1,527,675.00 be and is hereby appropriated as so stated from Overlay Reserve Acct#01-322000 to Mayor – Capital Project Program Per Attached List of Projects.

 

I hereby approve the above: s/Thomas L. McLaughlin, Mayor

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

 

s/President Doherty

 

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 $30,000.00 be and is hereby appropriated as so stated from Overlay Reserve Acct#01-322000 to Assessor – Residential Re-Inspection Program Acct#0113758-584029.

 

I hereby approve the above: s/Thomas L. McLaughlin, Mayor

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

 

s/President Doherty

 

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

 

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ORDERED     Be It Ordained by the City Council of the City of Woburn that Title 13 of the Woburn Municipal Code, as amended, be hereby further amended as follows:

 

  1. In Section 13-4A, delete from the first sentence of Subsection 1 the word “flat” and insert in place thereof the word “base” so that the first sentence of Subsection 1 shall read, “All residential units, metered and nonmetered, shall be billed at a base rate charge of eighty dollars semiannually.”

 

  1. In Section 13-4A, insert a new Subsection 3 as follows:
  2. The base rate as specified in Subsection 1 herein shall be increased on an annual basis beginning in July 1, 2006 to reflect any

increases in MWRA water assessments to the City and any water system capital improvement costs incurred by the City, said annual increases to be cumulative inclusive of any increases imposed in prior fiscal years.

 

  1. In Section 13-4B, insert in the first sentence of Subsection 1 the word

“base” prior to the word “rate” so that the first sentence of Subsection 1 shall read, “All water services, other than those defined above as residential, shall be charged a base rate of three dollars and twenty-five cents for every one hundred cubic feet of water used.”

 

  1. In Section 13-4B, insert a new Subsection 11 as follows:

11.  The base rate as specified in Subsection 1 herein shall be increased on an annual basis beginning in July 1, 2006 to reflect any increases in MWRA water assessments to the City and any water system capital improvement costs incurred by the City, said annual increases to be cumulative inclusive of any increases imposed in prior fiscal years.

 

  1. In Section 13-25A, insert in Subsection 1 the words “base rate of” following the words “For Domestic Use:” so that Subsection 1 shall read, “For Domestic Use: base rate of $137.00 per billing cycle.”

 

  1. In Section 13-25A, insert in Subsection 2 the word “base” prior to the word “rates” so that Subsection 2 shall read, “For Manufacturing Use: The base rates shall be 304% of the Annual Water Bill Charges or ten(10%) percent above the annual MWRA charge for the sewer discharge whichever is highest.”

 

  1. In Section 13-25A, insert in Subsection 3 the word “base” prior to the word “rates” so that Subsection 3 shall read, “For Small Business Use: The base rates shall be 304% of the Annual Water Bill Charges.”

 

  1. In Section 13-25A, insert a new Subsection 6 as follows:

6.  The base rates as specified herein shall be increased on an annual basis beginning in July 1, 2006 to reflect any increases in MWRA sewer assessments to the City and any sewer system capital improvement costs incurred by the City, said annual increases to be cumulative inclusive of any increases imposed in prior fiscal years.

 

s/President Doherty

 

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

_________________________

 

PUBLIC HEARINGS:  

 

On the petition by Keyspan Energy Delivery, 100 Commercial Street, Malden,

Massachusetts 02148 for a grant of right in a way to install approximately 640 feet of two inch gas main in Lowell Street as shown on plan filed with petition. PUBLIC HEARING OPENED. A communication was received from Frederick W. Russell, Superintendent of Public Works, as follows: “Approved”. Appearing for the petitioner was Steve LeCau, Construction Supervisor, and he stated that this is to provide natural gas product to approximately fifteen new homes along Lowell Street. IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, all in favor, 9-0.

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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On the petition by Kiwanis Club of Woburn, c/o Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.75 of the 1985 Woburn Zoning Ordinances, as amended, to operate a carnival from June 16 to 18, 2006 at Library Park. PUBLIC HEARING OPENED. A communication dated April 28, 2006 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Kiwanis Club of Woburn – Library Park – Annual Flag Day

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on April 25, 2006, the Planning Board voted to forward a favorable recommendation to the City Council regarding the Special Permit for the Annual Flag Day Festival at Library Park with the condition that the applicant comply with Section 5.1, Note 14 of the Woburn Zoning Ordinance.

 

If Council members have any questions or concerns regarding the above recommendations, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

No one appeared on behalf of the petitioner. IN FAVOR: None. 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 SPECIAL PERMIT be GRANTED, all in favor, 9-0.

 

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On the petition by David Taylor, 37 Tufts Road, Winchester, Massachusetts 01890 for a special permit pursuant to Section 5.1.35 of the 1985 Woburn Zoning Ordinances, as amended, to allow a dog exercise area at 280 Salem Street. PUBLIC HEARING REOPENED. A communication dated April 28, 2006 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: David Taylor – 280 Salem St. – Establish a “Dog Exercise Area” on 23,450 sq. ft. – Special Permit

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on April 25, 2006, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit request to establish a dog exercise area at 280 Salem Street with the following conditions:

 

  1. That the area shall be fenced from the street, inside the existing fence, along the rear property line, and from the rear property line to the concrete wall;
  2. The concrete wall shall stay to complete the enclosure or may be replaced by a fence;
  3. The surface shall be made suitable for dogs;
  4. That the enclosed area shall be made free and clear from all debris, boats, cars, and other items presently in the area;
  5. That all tires located along the conservation land shall be removed;
  6. That this permit shall lapse upon execution of the Special Permit presently in litigation.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A communication dated April 26, 2006 with attachment was received from Joseph F.

LeMay, P.E., Remedial Project Manager, Office of Site Remediation and Restoration,

United States Environmental Protection Agency, Region 1, One Congress Street, Suite

1100, Boston, Massachusetts 02114-2023 in response to a communication from the City Council requesting advice as to whether the proposal will interfere with any remediation of the site and whether the use poses a health risk to animals or humans on site and concluding that “EPA has not evaluated the Aberjona Auto Parts property for a commercial dog exercise area. However, considering the results of the baseline risk assessment and the information provided by the Woburn City Council, EPA does not anticipate a health risk concern with this activity. Also, the landowner’s use of the property will not interfere with any potential response actions (e.g. investigations, remediation) on the property.” Appearing was the petitioner was David Taylor and he stated that a visit to the site was made, that he met with the Board of Health and Conservation Commission, that the dogs will be on site approximately one hour per trip, and that it was recommended that loam be added to the surface for the safety of the dogs without creating grade changes. Alderman Mercer-Bruen stated that she will request that the hours of operation be 9:00 a.m. to 5:00 p.m., that there be no weekend hours, that the van trips be limited to three per day, and that there should be a review of any special permit granted relative to issues such as barking. Alderman Ciriello stated that there is a similar operation in north Woburn that began about two years ago and that he had not received any complaints, that this is a better use than a use that will involve trucks, that the petitioner should consider using mulch as a surface cover as loam would turn to mud during rain storms, and that mulch is renewable and can be replaced. IN FAVOR: Lori Medeiros, 9 Marietta Street stated that she is neutral on this petition, that it is a good use, that she is concerned with the surface of the lot, that the type of surface should be defined as part of the special permit, and that during the site visit she saw a lot of glass, metal and car parts on the surface. 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 SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows: 1. That the hours of operation shall be 9:00 a.m. to 5:00 p.m. Monday through Friday with no hours of operation on Saturday and Sunday, 2. That there shall be no more than six trips per day to the site with each on site visit limited to one hour in duration, 3. That the special permit shall be limited to David Taylor and shall not be transferable, 4. That the special permit shall be reviewed by the City Council after eight months from the date of issuance, 5. That all vehicles used in operation of the site shall be registered in the city of Woburn, and 6. That the recommendations of the Planning Board be adopted except that Condition #3 shall be modified to state “That the surface of the locus shall be cleared of debris and covered with wood mulch,” all in favor, 9-0.

 

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On the petition by Winning Auto Services, Inc., 280 Salem Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.57b and Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the outside storage of commercial motor vehicles at 280 Salem Street. PUBLIC HEARING OPENED.  A communication dated May 1, 2006 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Winning Auto Services, Inc. – 280 Salem Street – To allow for the outside storage of commercial motor vehicles

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on April 25, 2006, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow the outside storage of commercial motor vehicles at 280 Salem Street subject to the following conditions:

 

  1. That the storage of vehicles shall be limited to 100 vehicles which includes the ten commercial vehicles of the petitioner;
  2. That all vehicles traveling out of state shall be limited, when exiting the property, to traveling east on Salem Street to the Interstate;
  3. That the hours of operation shall be limited to 7 a.m. to 7 p.m. Monday through Saturday;
  4. That the storage of unregistered vehicles on the property shall be limited to not more than 30 days; and
  5. That this permit shall lapse upon execution of the Special Permit presently in litigation.

 

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 Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is located in the I-P zoning district, that the locus is the site of the former Aberjona Auto Parts, that the property was purchased four years ago, that there is an automotive garage, a landscaper and a home on the property, that in September 2004 the City Council granted a special permit to allow the elimination of the junkyard to be replaced by an indoor sports facility, that the matter was appealed and a motion for summary judgment is pending in that action, that when the petitioner moves forward to construct the sports facility then this use would no longer be permitted at the locus, that the petitioner picks up a vehicle and delivers to other areas of the country, that the petitioner also picks up vehicles donated to charities, that these will not be junk vehicles, that the vehicles are registered for the most part, that the vehicles are stored for a short period of time and then shipped to its destination, that the petitioner seeks hours of operation of 7:00 a.m. to 8:00 p.m. Monday through Friday and 7:00 a.m. to 7:00 p.m. Saturday, that there will be nine employees, that the petitioner will have up to ten vehicles at the locus, that at the rear of the building an area has been blocked off where the vehicles will be stored, that three walls have been constructed with granite blocks, that the vehicles will be stored behind the building, that this is an accessory use for a business service establishment, that there will be no junk cars stored on site, that the site has been improved since 2004, that it is industrial land, that the easiest thing for the petitioner to do would be to sell the property for an industrial use, that there will be no new construction, that if the litigation is settled in six months it will be easy to eliminate this use, that the petitioner is presently operating at the site, that he had discussed with the building department the right to operate this use as a pre-existing non-conforming use, that there is an argument that this special permit is not needed for the use however the petitioner decided to seek the special permit, that the lot to the west of this lot is a separate lot, that the lots will be at some time combined and used for the ice rink, and that the vehicles traveling to and from the site will be from the petitioner’s business and therefore there will be no confusion as to the appropriate streets to use to get to the site. Paul Decaprio of Winning Auto Services, Inc. stated that there will be one to two tractor trailers leaving the site, that there is one trip in the morning, one trip in mid-day and one return trip in the evening, that there are restrictions on the Salem Street train bridge which will prevent their trucks from using the bridge, that all vehicles are intact with tires and glass but some of the charity donation vehicles do not run, that seven cars at a time leave the locus on the tractor trailer to their destination, that they wait until seven cars are ready for delivery to a particular site and then the vehicles are loaded on the truck, that the vehicles are accepted and delivered from the site generally within a few days, that there will be security cameras on site, that an employees lives around the corner who can handle car alarm issues, that the petitioner only uses his own trucks, that on occasion another carrier will drop off vehicles but 99% of the time it will be delivery by his vehicles, that he has vehicles now on the locus, that there is no fuel storage and no repairs, that he will register his vehicles on site with the city of Woburn, and that he sends a truck appropriate for the job out to pick up vehicles such as a smaller flatbed truck to pick up a vehicle in Boston for example. Alderman Dwyer stated that unless the petitioner is picking up a vehicle in Woburn then all vehicles should be only allowed to exit the locus east on Salem Street, and that he would like this sent to Committee on Special Permits for further review. Alderman Galvin stated that this is not a very attractive use, that this use is one step from a junkyard and approving this use sends the wrong message to the community of the use of the land, and that he cannot support the petition. President Doherty stated that there should be a log maintained on site to determine whether vehicles are remaining on site longer than thirty days. Alderman Drapeau stated that he is concerned with this use and the goal of the city to clean up that are of the city, that there is no guarantee that there will be a recreational facility and opening up this locus to this use is not attractive, that this is a large undertaking for the neighborhood and that area of the city, that he would like to review this in committee, that this petition is going in the wrong direction, and that he would like information from the landowner as to what businesses are operating from the locus. Alderman Denaro stated that if the recreational facility permit is not granted then this could be a long term use at the locus. Alderman Gonsalves stated that this is a delayed process with the ice rink, that she is concerned that the matter may never be settled, that this should be limited to a specific time and subject to renewal if it is not a problem in the area, that car alarms can be an issue if they go off and no one is available to turn them off, and that there could be security issues if there is a temptation created with respect to car thefts. Alderman Mercer-Bruen stated that she is also concerned with this use, that she understands that this is not a junkyard, that vehicles will not be parked on the lot line and that some vehicles are sold over the internet, that she is concerned with the requested hours of operation exceeding those hours recommended by the Planning Board, that she wants to have automatic review of special permits such as in police and license matters, that if this matter requires more debate she is willing to do so but that she is prepared to vote at this meeting, that the matter can be debated in committee, that there is some debate as to whether the petitioner has to obtain this special permit in order to operate, and that the building commissioner suggested in an email communication that this use may be allowed without a special permit however the petitioner applied for the special permit. Alderman Ciriello stated that he wants a parking plan for the locus and that he is concerned about the potential nuisance this many cause in the neighborhood. IN FAVOR: None. OPPOSED: Paul Medeiros, 9 Marietta Street stated that the ice rink is a possibility for the locus but these other uses come in, that this may not be the appropriate use for the locus, that this business has been operating at the site for a couple of months without the benefit of permits, that this will increase truck traffic to the locus, that the vehicles will be in various stages of repair, that he is concerned with who will police the 100 vehicles, that the junkyard use was abandoned and the property cannot be used as a junkyard again, that the site will look like a junkyard, that another nearby business was forced to clean up its site before a permit was allowed, that this proposal should have a landscaping plan and a parking plan, that there should be a requirement that the locus be cleaned, that there is a training facility on the second story of the building and he is not certain if there was a permit obtained for that use, and that there is fill being removed from the site without a permit and without a special permit from the city council. Kathy Bailey, 4 Utica Street stated that she is concerned that the requested hours of operation exceed the hours recommended by the Planning Board, that she is also concerned with the hours of 7:00

a.m. to 7:00 p.m. on Saturday as opposed to 7:00 a.m. to 5:00 p.m. on Saturday, and that she is concerned with policing of the site to be certain that there are only 100 vehicles on the locus. Lori Medeiros, 9 Marietta Street stated that it appears the hours of operation will be late based on current activities at the locus, that this is a step back for east Woburn, that this will generate large truck traffic which the city has been trying to remove, that there are five or six uses proposed for this locus, and that she is concerned with the number of special permit for one site. William Mulrenan, 101 Washington Street stated that there are three businesses proposed with this special permit which include the transportation of vehicles across the country, picking up vehicles for charities and delivering vehicles to other site, that the trucks will use Montvale Avenue, that if the special permit is revoked with the settlement of the litigation it will take time for the vehicles to be removed from the locus, and that this use will generate more truck traffic. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd to reconsider the motion to close the public hearing, all in favor, 9-0. Motion made and 2nd that the public hearing be re-opened, all in favor, 9-0. Motion made and 2nd that

the MATTER be REFERRED TO THE COMMITTEE ON SPECIAL PERMITS and that the PUBLIC HEARING be CONTINUED TO THE CITY COUNCIL REGULAR MEETING ON MAY 16, 2006 with the following items to be provided at the committee meeting: 1. Address the issue of security of the vehicles on site, 2. Address the issue of car alarms. 3. Provide a parking plan, 4. Provide a justification for the hours of operation requested, 5. Provide a list of businesses on the locus, and 6. Provide a landscaping plan, 8 in favor, 1 opposed (Denaro opposed).

 

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On the petition by Peter Carpenter and Julia Carpenter, 43 Burlington Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, so as to convert a pre-existing non-conforming use and two pre-existing non-conforming structures the main house and the detached carriage house/barn/garage to a total of four residential units, with three residential units in the main dwelling and one unit in the detached carriage house at 14 Highland Street

 

PUBLIC HEARING OPENED. A communication dated May 1, 2006 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Peter & Julia Carpenter – 14 Highland St. – To convert a pre-existing, nonconforming use and two pre-existing nonconforming structures with three residential units at 14 Highland Sr. and one unit in the detached carriage house

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on April 25, 2006, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit request to convert a preexisting, non-conforming use and two pre-existing nonconforming structures to allow three residential units at 14 Highland St. and one unit in the detached carriage house subject to the following conditions:

 

  1. That the main house shall be limited to three apartments and that the carriage house shall be limited to one unit;
  2. That the alteration of the carriage house shall meet the requirements and approval of the Fire Chief and the Historical Commission;
  3. That the proposed staircases only be built if needed for code and/or as required by the Fire Chief but if required the staircases shall be enclosed and approved by the historical commission for design;
  4. That the Fire Chief shall determine the fire suppression system required for the main house especially as it relates to third floor apartment;
  5. That at least eight full size parking spaces shall be provided and that space #12 as shown on the plan shall be eliminated; and
  6. That the Planning Board shall approve and retain jurisdiction over the landscaping.

 

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

 

Appearing for the petitioner was Attorney John McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the petitioner plans to convert a building which has a funeral home and an apartment above to a three-family building and to convert the carriage house to a dwelling unit, that this was the site of the Cox Funeral Home which use began in about 1925 or 1926, that this was a tannery owner’s home in the 1800s, that the carriage house is a large as the main dwelling, that the building was used as a funeral parlor until 2005, that the petitioner purchased the property with a view of converting it to a residential use and eliminating the funeral business, that the funeral business at the site diminished over the last five or ten years, that the parking in the area is not conducive to a funeral parlor use, that caused congestion which could hinder emergency vehicles, that there are sixteen main rooms and two enclosed porches in the main house, that there is a front and side entrance, that there are multiple bathrooms and interior stairways, that it is spacious enough for three residential units, that the petitioners will live in the first floor unit and will have two rooms on the second floor to create a three bedroom unit, that there will be a one bedroom unit on the rest of the second floor, that there will be a two bedroom unit on the third floor, that the interior stairs afford the access that is needed, that there will be no exterior appearance change with the possible exception of two outside stairways as shown on the plan, that the stairways if required by the plan will not deter the visual aspect of the building, that the landscaped area in the front of the locus will not remain, that there will be some additional plantings on the Glenwood Street side, that the existing driveway would be widened slightly, that the main access for the parking areas will be off Glenwood Street, that the petitioner proposed an additional parking space which the Planning Board suggests to eliminate in order to preserve green space, that the carriage house is huge, that the hope is to generate some income to allow the carriage house to be restored, that the carriage house has cupolas, that the carriage house was used as storage and garage space for the funeral parlor, that there are five garage bays on Blossom Street and one garage bay on Glenwood Street, that the petitioner will preserve the garage uses with another dwelling unit constructed at the back of the carriage house and in the loft area of the carriage house, that the back loft of the carriage house will have to have the roof raised a bit, that the Historical Commission would review this to be certain that the character of the house is maintained, that if this house was on Main Street it would likely have been converted to an office use such as a doctor or lawyer, that the proposed use will fit the area, that eight parking spaces are required and twelve were proposed but only eleven spaces was suggested by the Planning Board, that the proposed use would eliminate the funeral use parking issues, that they have already begun some interior repairs, and that the building will be owner occupied during the time that the petitioners live there. Peter Carpenter, 41 Burlington Street stated that the stairway to the third floor will be widened, that they will restore the kitchen windows to the original size, that they will combine men’s and women’s rooms to single bathrooms, that they will install skylights on the roof of the main house, that they will be replacing plumbing, and that they will be trying to restore the tile floors to the Victorian style. Alderman Ciriello stated that he prefers restoration as opposed to demolition, that often these houses are demolished and a larger building located on the locus, and that this type of house would be difficult to replicate today. Alderman Gately stated that the petitioner will need separate the water and sewer service to the carriage house as there is no service to that building now, that the petitioner will have to submit plans on that issue, and that the water and sewer service should be to Blossom Street. Alderman Denaro stated that he is prepared to support the petition at this meeting. Alderman Dwyer stated that the Planning Board did a thorough job regarding the conditions for the project. Alderman Galvin stated that it is easy to make the determination that this proposed use will not be substantially more detrimental than the present use as a funeral home. IN FAVOR: Michael

McDonough, 139 Pleasant Street stated that the off street parking and overall project will benefit the neighborhood and that he supports the petition. William Mulrenan, 101 Washington Street stated that he supports the petition. OPPOSED: Robert Borelli, 17 Green Street stated that he does not opposed the petition but that he has not seen the plans, that the carriage house will need a lot of work, that he is concerned that three dwellings may set a precedent for three family dwellings in carriage houses, that Blossom Street and Highland Street are small, that with the one way restriction on Prospect Street now Highland Street is the busiest in the area, and that he is concerned that once the work is done that the petitioner will move and it will be an absentee landlord situation. Ronald McManus, 10 Highland Street stated that he is concerned with changes to the neighborhood, that there are a lot of kids who hang around prospect street, that he is concerned with the impact on the residential values in the area, that three units in the house is significant, and that it is difficult for motor vehicles to travel on Highland Street now. Motion made and 2nd to close the public hearing, all in favor, 9-0. PUBLIC

HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows: 1. That recommendations of the Planning Board be adopted except as modified herein, 2. That the words “and the Historical Commission” shall be stricken from Planning Board condition number 2, 3. That the carriage house shall have a separate water and sewer connection, all in favor, 90.

 

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On the petition by 325 Washington Street LLC, 853 Turnpike Street, Suite 241, North

Andover, Massachusetts 01845 for a special permit pursuant to Section 5.1.29 and Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended to allow for 1. A fast food operation with hours in excess of 6:00 a.m. to 11:00 p.m., and 2. The alteration of the existing pylon sign, at 325 Washington Street

 

PUBLIC HEARING OPENED. A communication was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Petition of 325 Washington Street LLC (f/k/a Jaton Management LLC), 325 Washington Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Due to the fact that the Planning Board has yet to complete its review of the abovereferenced application, we respectfully request that the public hearing on this matter be continued from May 2, 2006 to May 16, 2006. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby III

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd to CONTINUE THE PUBLIC HEARING TO THE REGULAR MEETING OF THE CITY COUNCIL ON

MAY 16, 2006, all in favor, 9-0.

_________________________

 

COMMITTEE REPORTS:

 

PERSONNEL:

 

On the appointment of Edward McLaughlin as a member of the Woburn Golf & Ski Authority, 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: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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

 

On the Order to transfer the sum of $23,000.00 from Fire Ambulance Salary to various Fire Department Accounts, 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: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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

On the Order to transfer the sum of $7,500.00 from Planning Board – Grant Wrtier Salary to Traffic Commission, 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: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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

On the Order to transfer the sum of $15,000.00 from Grant Writer Salary to Tax Title Foreclosure, 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: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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

On the Order to transfer the sum of $73,000.00 from Receipts Reserved for

Appropriation Ambulance BLS to Fire Ambulance Salary, 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: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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On the Order to accept the provisions of Massachusetts General Laws Chapter 29, Section 64D relative to a deferred compensation program, annuity or other defined contribution plan, committee report was received “ought to pass”. Alderman Denaro stated that all employees including elected officials will be impacted by this matter if they are not in the retirement system. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

************************* POLICE AND LICENSE:

 

On the petitions for renewal of Livery Licenses by George B. Pike dba Pike Executive Transportation, American Classic Limousine Inc., Woburn Cab Co. Inc., 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: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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

On the petition for renewal of Taxi Cab License by Woburn Cab Co. Inc., committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 1 opposed (Denaro opposed).

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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

On the petition for renewal of Bowling Alley License by Woburn Bowladrome Inc., 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: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

NEW PETITIONS:

 

Petition by Daniel J. McSheffrey, President, McSheffrey’s – S.E., LLC, 75 Main Street, Woburn, Massachusetts 01801 to change the name of the holder of the inflammable license at 75 Main Street from Woburn Car Wash, Inc. to the new name McSheffrey’s – S.E., LLC. Motion made and 2nd that the CHANGE OF NAME OF LICENSE HOLDER be GRANTED, all in favor, 9-0.

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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

Petition by Joan E. Murphy, Trustee, Old Oil Realty Trust, 41 Harriet Avenue, Burlington, Massachusetts 01803 to change the name of the holder of the inflammable license at 250R Salem Street from John Murphy to the new name Joan E. Murphy, Trustee, Old Oil Realty Trust. Motion made and 2nd that the CHANGE OF NAME OF LICENSE HOLDER be GRANTED, all in favor, 9-0.

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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

Petition by Gamestop 3315, 103 Commerce Way, Woburn, Massachusetts 01801 for renewal of License to Sell Second-Hand and Personal Article of Value and Collectibles. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSE, all in favor, 9-0.

 

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Petition by Boston Edison Company and Verizon New England, Inc. for a grant of right in a way to install conduit in Lowell Street westerly at and opposite Sendrick Road from pole 136/33 a distance of about 31 feet and westerly approximately 214 feet west of Sendrick Road from pole 136/36 a distance of about 41 feet. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Boston Edison Company and Verizon New England, Inc. for a grant of right in a way to install one joint occupancy pole and remove one joint occupancy pole on

Lowell Street southerly side approximately 260 feet west of Sendrick Road (p136/36).

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

 

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Petition by Nextel Communications of the Mid-Atlantic, Inc., P.O. Box 614, Stowe,

Vermont 05672 for a special permit pursuant to Section 5.6 of the 1985 Woburn Zoning

Ordinances, as amended, to install a wireless communications link  on the Boston Edison

Co. utility pole #12 at 168 Rear Lexington Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated April 25, 2006 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 20A½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending March 2006: number of tickets issued 770, number of tickets paid 613, number of hearings scheduled 286, number of tickets voided or dismissed 65, number of tickets outstanding 236, number of tickets issued by motorcycle officers 0, total dollar amount collected and turned into the Treasurer’s Office $24,746.40. There exists a backlog of 4,863 tickets for 1982 through 2005. Demands will be sent out until all tickets have been cleared. Parking violations turned over to Handicap Commission to date $5,600.00.

 

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.

 

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

A communication dated April 18, 2006 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the April meeting of the Council on Aging and the Director’s Report. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A communication dated April 28, 2006 was received from Steven M. Paris, Building Commissioner, as follows:

 

Re: Sign Structure over Public Way

 

At 434 Main Street a condition exists that deserves your immediate attention and action. A sign structure hangs over the public way at the address mentioned which because of its questionable existence should be ordered removed. You will find in the Municipal Code under Article 12, Section 31 the authorization that allows the City Council to order its removal.

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON and if a public hearing is deemed necessary that it be scheduled for a Regular Meeting of the City Council, all in favor, 9-0.

 

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

A communication dated April 27, 2006 with attachment was received from Stephen M. Richmond, Beveridge & Diamond PC, 45 William Street, Suite 120, Wellesley,

Massachusetts 02481-4004 relative to New England Transrail, LLC dba Wilmington & Woburn Terminal Railway petition for an exemption from §10901 to acquire, construct and operate as a rail carrier on tracks and land in Wilmington and Woburn along with a Petition for Expedited Consideration seeking immediate action by the Surface Transportation Board on New England Transrail, LLC’s second petition for exemption from 49 U.S.C. §10901. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A copy of a communication to Phillis Johnson-Ball, Surface Transportation Board was received from John F. Salemme, 338 Russell Street in opposition to Finance Docket No. 34797 Woburn & Wilmington Terminal Railway. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated April 19, 2006 was received from His Honor the Mayor as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Robert P. Rafferty, 3 Banks Street, as Sealer of Weights and Measures. Mr. Rafferty will be replacing Brian Feeney.

 

If you have any questions please feel free to contact me.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     Be it ordained by the City Council of the city of Woburn that Title 2, Article XXXVI of the 1989 Woburn Municipal Code, as amended, be hereby further amended by adding a new Section 2-233 as follows:

 

2-233 Woburn Golf and Ski Authority

 

A member of the Woburn Golf and Ski Authority shall be considered a special municipal employee under Massachusetts General Laws Chapter 268A.

 

s/Alderman Gately

 

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

 

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

ORDERED     Be it ordained by the City Council of the city of Woburn that Title 2, Article XXXVI of the 1989 Woburn Municipal Code, as amended, be hereby further amended by adding a new Section 2-232 as follows:

 

2-232 Woburn Historical Commission

 

A member of the Woburn Historical Commission shall be considered a special municipal employee under Massachusetts General Laws Chapter 268A.

 

s/Alderman Denaro

 

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

 

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ORDERED     Whereas the property known and numbered as 148 Salem Street is being rehabilitated by the owner;

 

Now, Therefore, Be It Ordered that the prior Order of the City Council effective October 17, 2005 ordering a hearing to determine whether the property is a nuisance pursuant to Massachusetts General Laws Chapter 139, Section 1, et. seq. be and is hereby revoked.

 

s/Alderman Mercer-Bruen

 

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

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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RESOLVED Whereas, the residents of the area are concerned with the amount of traffic and the rate of speed of motor vehicles along Orange Street,

 

Now, Therefore, Be It Resolved that a communication be forwarded to the Traffic Commission requesting that the commission review and act on the following requests:

 

  1. The feasibility of establishing a no right turn restriction from Pine Street and a no left turn restriction from Central Street onto Orange Street with an exception for residents of the street;

 

  1. Or in the alternative, establishing no through way on Orange Street by erecting do not enter signs on either side of the intersection at Hawthorne Street and Orange Street;

 

  1. Or in the alternative, to erect stop signs at all of the intersections with Orange Street at Turk’s Way, Hawthorne Street and by the church.

 

s/Alderman Mercer-Bruen

 

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

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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RESOLVED Whereas, the area around Leland Park is a recreation area and a densely developed residential area, that a communication be forwarded to the Traffic Commission requesting that the commission review and act on the feasibility of reducing the speed limit for motor vehicle travel on

Washington Street in the area of Leland Park from 40 m.p.h. to 30 m.p.h.

 

s/Alderman Mercer-Bruen

 

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

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

 

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RESOLVED               That the Committee on Special Permits work with the City

Clerk to establish an automatic review of special permits similar to the process for police and license matters.

 

s/Alderman Mercer-Bruen and

Alderman Dwyer

 

Alderman Mercer-Bruen stated that licenses are automatically reviewed, that special permits should be reviewed in a similar manner, that this creates a vehicle for automatic review, that the intent is to streamline the process not to create extra work, that there is a feeling in the community that once a special permit is granted that there is no recourse on the part of the neighbors, that not all special permits are tied to financing, that she does not want to change the zoning regulations but wants the special permits reviewed, and that she is not certain whether the Committee on Special Permits Review ever met or if a special permit was ever revoked. Alderman Drapeau stated that the city council may have to craft a process as opposed to just adopting an order to review special permits, that he is not certain whether this is an enforcement issue, that the Committee on Special Permits Review has the discretion to meet at any time to review special permits, and that the chair of the committee can be asked to convene a meeting of the committee to determine such a review process. Alderman Gonsalves stated that the committee should annually review all businesses with a special permit, that this will change the way in which the committee does its business, that the intention is not to change property rights but to look at the special permits, refresh the memory of the special permit requirements and to take action where necessary. Alderman Denaro stated that this is a giant piece of legislation, that the special permits run with the land, that financing is based on special permits, that there are many legal, regulatory and financial implications of this proposal, that he is not opposed to the spirit of reviewing special permits, and that the building department does not have the resources to enforce all conditions in special permits and the conditions are not police matters such as a condition with no right turn from a locus. Alderman Galvin stated that this is well intentioned but not necessary, that it may create legal problems that may even run contrary to state law, that the Committee on Special Permit Review can review where there are problems, that if there are no complaints then there are no problems, that reviewing over 1,000 permits each year or every other year will be a significant time commitment for the Aldermen, and that sometimes petitions have excessive conditions that are not necessary. President Doherty stated that because there are no complaints does not mean that there are no issues, that thee should be a process that allows the city to be certain that conditions set are being met, and that the committee could meet quarterly to review special permits where there are issues. Motion made and 2nd that the RESOLVE be ADOPTED, AS AMENDED to read as follows: “That the Committee on Special Permits meet to determine a process by which it will review special permits”, all in favor, 9-0.

Presented to the Mayor: May 5, 2006         s/Thomas L. McLaughlin May 8, 2006

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:51 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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