City Council – 05/06/2008

DATE 05/06/2008
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 6, 2008 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                          Denaro                       Gately

                                                          Drapeau                      Gonsalves

Dwyer                       Mercer-Bruen  Doherty

                                                          Galvin                         Raymond

_________________________

 

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 receiving the Fiscal Year 2009 budget from His Honor the Mayor, for hearing from representatives of the Massachusetts Lottery Commission, for taking two matters out of order and for taking a matter from Committee on Finance, all in favor, 9-0.

_________________________

 

Appearing was His Honor the Mayor Thomas L. McLaughlin and he stated that the total appropriation for fiscal year 2009 is $113,164,652.12, that the total increase over the fiscal year 2008 budget is $4,263,000.00, that 90% of the increase in the budget over last fiscal year is due to non-discretionary items such as pensions, wages, health insurance, utilities, gasoline and special education, that this is a 4.4% increase over fiscal year 2008, that the fiscal year 2009 budget is well below the Proposition 2½ levy limit by $994,109.00, that personnel related costs have been trimmed by $500,000.00 through attrition and a hiring freeze, that this has resulted in a $30.00 decrease in property taxes, that 95% of the water and sewer increase is due to Massachusetts Water Resources Authority (MWRA) costs passed onto the city, that the city has reserved needed to maintain its capital assets, and that the city has an AAA3 bond rating.

 

                     CITY OF WOBURN                                                                        FISCAL 2009  BUDGET

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ORDERED:          that for the purpose of defraying expenses for the fiscal year                   July 1,2008 / June 30, 2009 the following sums of money be and                      they are respectfully appropriated to the accounts and for objects                and purpose herein after stated and explained:                     

                                                                  

Dept Code

Page                      Department                          #                                                         Summary         Total

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1 City  Council 0111 Salary 91,576.90  
      Maintenance 11,700.00 103,276.90
           
2 Mayor 0121 Salary

177,423.15

 

                                                                                          Maintenance                           32,800.00 210,223.15

                                                                  

  1. Community Services              0122       Maintenance       132,000.00           132,000.00

                                                                  

  1. Auditor       0134       Salary    184,579.25            

                                                                                          Maintenance                         130,100.00 314,679.25

                                                                  

  1. Purchasing               0136       Salary    123,184.86            

                                                                                          Maintenance                             2,700.00 125,884.86

                                                                  

  1. Assessor    0137       Salary    336,629.50            

                                                                                          Maintenance                           78,800.00 415,429.50

                                                                  

  1. Treasurer / Collector              0138       Salary    358,914.53            

                                                                                          Maintenance                         134,500.00 493,414.53

                                                                  

  1. Law              0151       Salary    222,000.00            

                                                                                          Maintenance                           70,500.00 292,500.00

                                                                  

  1. Data Processing      0154       Salary    25,000.00              

                                                                                          Maintenance                         186,300.00 211,300.00

                                                                  

  1. City Clerk   0161       Salary    241,025.04            

                                                                                          Maintenance                             7,000.00     

                                                                                           Outlays                                             0.00 248,025.04

                                                                  

  1. Election & Reg         0162       Salary    65,076.90              

                                                                                          Maintenance                           25,650.00     

                                                                                           Outlays                                             0.00   90,726.90

                                                                  

  1. License Commission             0164       Salary    12,000.00              

                                                                                          Maintenance                                    0.00   12,000.00

                                                                  

  1. Human Resources   0170       Salary    122,316.34            

                                                                                          Maintenance                           11,400.00 133,716.34

                                                                  

  1. Conservation            0171       Salary    83,635.74              

                                                                                          Maintenance                             7,350.00     

                                                                                           Outlays                                      9,000.00   99,985.74

                                                                  

  1. Planning Board        0172       Salary    177,244.96            

                                                                                          Maintenance                             7,425.00 184,669.96

                                                                  

  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                                 7,578,902.88     

  1. Maintenance             752,950.00            
  2. Outlays       0.00        8,331,852.88

24-25 Fire 0220 Salary 5,557,103.14  26   Maintenance 338,950.00 

  1. Outlays       0.00        5,896,053.14

                                                                  

  1. Inspection Services                0251       Salary       433,189.86            

                                                                                          Maintenance                           11,750.00     

                                                                                           Outlays                                             0.00 444,939.86

                                                                  

  1. Sealer of Weights    0254       Salary       15,462.01              

                                                                                          Maintenance                                650.00   16,112.01

                                                                  

  1. Civil Defense            0291       Salary       35,794.76              

                                                                                          Maintenance                             2,500.00   38,294.76

                                                                  

  1. Woburn School        0300       Budget       44,053,575.00       

31             Northeast Regional                     0301           Budget                               1,211,514.00     

Teachers Retirement

  1. Incentive     0302       Budget 98,572.98             45,363,661.98

                                                                  

  1. Engineering              0410       Salary    290,997.84            

                                                                                          Maintenance                           13,025.00     

                                                                                           Outlays                                    10,000.00 314,022.84

                                                                  

33-36 Public Works 0411 Salary 2,172,800.40  37 Public Works 0412 Administration 37,500.00  37 Public Works 0414 Tree Moth 37,500.00  38 Public Works 0416 Surface Drain 0.00  38 Public Works 0417 Street Maint 465,000.00  39 Public Works 0418 Snow Remove 279,000.00  39 Public Works 0419 Traffic Control 111,900.00  39 Public Works 0420 Street Lighting 600,000.00  40 Public Works 0421 Repair & resur 0.00  40 Public Works 0422 Sidewalk Rep 0.00  40 Public Works 0424 Comm. Events 15,500.00  40 Public Works 0425 Bridge Repair 0.00  40 Public Works 0426 Fence Repair     0.00  41 Public Works 0428 City Garage 0.00  41 Public Works 0429 Telephone 12,500.00  41 Public Works 0430 Gas  &  Oil        285,000.00  42 Public Works 0432 Trucks & equip 157,000.00  42 Public Works 0435 Public building 344,500.00 

  1. Public Works            0436       Outlays 0.00         

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  1. Total Public Works                Budget        4,518,200.40

                                                                  

  1. Cemetery    0490       Salary    401,752.34        
  2. Maintenance             0.00         
  1. Outlays       10,000.00             411,752.34

                                                                  

  1. Board of Health        0512       Salary       324,830.22            
  2. Maintenance             99,650.00              

                                    

  1. Rubbish Removal    0495       Maintenance       2,975,700.00        3,400,180.22

                                                                  

  1. Council on Aging     0541       Salary       177,862.28            

                                                                                          Maintenance                           85,310.00 263,172.28

  1. Veterans Benefits    0543       Salary       32,887.90              

                                                                                          Maintenance                             2,000.00     

                                                                                           Benefits                                 137,000.00 171,887.90

                                                                  

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

                                                                  

  1. Public Library           0610       Salary       888,259.44            
  2. Maintenance             214,790.00            

                                                                                                                                                   1,103,049.44

                                                                  

  1. Recreation 0620       Salary    79,127.70        

55                                                                                        Programs                                99,320.00     

56-57                                                                                     Maintenance                           94,370.00 272,817.70

                                                                  

  1. Parks 0630 Salary 359,047.96  59   Maintenance 57,225.00 
  2. Outlays       12,000.00             428,272.96

                                                                  

  1. Historical Comm.     0650       Maintenance       10,000.00             10,000.00

                                                                  

  1. Handicap Commission          0660       Maintenance       500.00    500.00

                                                                  

  1. Biotech Commission              0670       Maintenance       500.00    500.00

                                                                  

  1. Traffic Commission                0640       Maintenance       5,000.00       5,000.00

                                                                  

Human Rights

  1. Commission             0685       Maintenance       5,000.00               5,000.00

                                                                  

Historical District

  1. Commission             0690       Maintenance       1,000.00               1,000.00

                                                                  

  1. Maturing Debt           0710       Principal       1,342,401.00         

                                                                                           Interest                                  630,037.64 1,972,438.64

                                                                  

  1. Interest Temp Loans              0715       Interest 150,000.00           150,000.00

                                                                  

  1. Woburn Retirement                0970       Salary&Maint      4,200,465.00       4,200,465.00

                                                                  

Non Contributory

  1. Pensions    0970       Salary    102,438.98       102,438.98

                                                                  

  1. Unemployment         0980       Maintenance       75,000.00             75,000.00

                                                                  

  1. Insurance   0980       Maintenance       14,980,789.40      14,980,789.40 72       Medicare Tax      0980       Maintenance       620,000.00           620,000.00

                                                                  

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              TOTAL GENERAL FUND BUDGET                                                                      96,229,284.90

                

              

            6,488,848.71     

10,446,518.52     

 

1,336,953.53     

16,935,367.23
18,272,320.76 16,935,367.23

                                    

73-74                                                              Water & Sewer Enterprise Fund Budget Water =

75-78                                                                  0450            

Sewer =

79-83                                                                  0440            

Direct Charges to Enterprise

                                                                                                                Fund

Indirect Charges

Reflected in

                                                                                                            General fund 

               Total Enterprise Fund Budget                       

                                                                  

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Grand Total

Fiscal 2009

                                                                    Budget                                                              113,164,652.13

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s/President Doherty (per request)

 

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

 

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

A communication dated May 1, 2008 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Dear President Doherty and Members of the City Council:

 

I request that the Council suspend the rules to hear from a representative(s) of the

Massachusetts State Lottery Commission on the recent legislation passed that allows for “Keno to Go” sales in retail establishments in Woburn that are licensed by the state lottery.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

Appearing was Dan Rosenfeld, Director of Communications, Massachusetts State Lottery Commission and he stated that Keno-to-Go is operating in more than 300 communities in the State, that $500,000,000.00 was paid in Keno winnings last year, that

$775,000,000.00 was wagered on Keno last year, that there has been a 5% to 7% slip in Keno activity, that Keno can only be played in pouring establishments, that fewer people are going to restaurants and therefore fewer people are playing Keno in restaurants, that $20,000,000.00 was paid in aid to cities and towns, that Keno-to-Go can be played anywhere lottery tickets are sold, that there are no screens in the stores, that there can be no monitors in any location except in pouring establishments, that the average ticket agent makes $40,000.00 a year as a lottery agent, that this is the first venture by the Massachusetts Lottery Commission on-line, that results of a Keno game will be posted on-line within two minutes after the end of the game, that there are 25 potential locations in Woburn, and that five communities voted in opposition to Keno-to-Go in their community with two opposed as a protest over the formula of aid distribution and the other three communities are still in discussion. Alderman Denaro stated that he is concerned with Keno players who may be older customers and not have on-line access. Mr. Rosenfeld stated that 82% of lottery players have internet access, and that the 18% of players who do not have internet access they can have their ticket checked by the lottery agent where the ticket was purchased. Alderman Denaro stated that there is a concern about the volume of playing may impact payouts and the ability of the lottery agents to have sufficient funds to make payouts. Mr. Rosenfeld stated that it is not likely that the ability of a lottery agent to honor payments would be excessive, that Keno-to-Go has only been operating for approximately two weeks, that there are approximately $12,000,000.00 in unclaimed prizes per year, that players are urged to check their numbers and not to throw any tickets away, that unclaimed funds go back into a players prize pool not back to the State, that 70% of every dollar goes back to the players, that at least 45% of the money has to be paid back to customers but the lottery operates at about 72% and some games have a payout as high as 84%, and that communities who opted out included Rockport, Gloucester, Hull, Dennis and Northampton but the Massachusetts Lottery Commission is still in discussion with those communities. Alderman Drapeau stated that Keno seemed to be attractive because of its instant information, and that a patron could buy a Keno-to-Go ticket and hang around the store for a while and then have the ticket checked. Mr. Rosenfeld stated that this behavior will be discouraged, that the Massachusetts Lottery Commission has inspectors in the field to ensure that agents are abiding by the spirit of the lottery agreement, that there is no restriction in the licensing agreement that seating areas are not allowed but the lottery agents are advised that this is discouraged, that not having monitors in the locations is a requirement of the agreement, that it is unclear whether City Council approval or license commission approval is required, that each community has the right to object, that the issue does not need approval but instead needs a community not to object, that the Massachusetts Lottery Commission attempted to contact the proper licensing authority in each of the 351 communities, that communities are not being forced to take something that they do not want, that the Massachusetts Lottery Commission will deliver $3,800,000.00 to Woburn as a share of community aid, that the Massachusetts Lottery Commission has no position on casinos but is a division of the State Treasurer and the State Treasurer is in favor of casinos, that if the first year that a single casino is open in Massachusetts the

Massachusetts Lottery Commission will lose 3% to 8% of revenue, that in Massachusetts the vast majority of the 1,700 Keno locations are in bars and restaurants, that Keno-to-Go provides customers who do not want to visit bars the opportunity to play Keno, that supermarkets and liquor stores are examples of lottery agents who have taken advantage of Keno-to-Go, that the Executive Director of the Massachusetts Lottery Commission has no plans to be punitive to those communities who do not approve Keno-to-Go but there has been discussion on Beacon Hill about taking Keno money from communities who do not allow Keno, that the Massachusetts Lottery Commission can have gambling on-line within Massachusetts but if played by someone out of state the player would be violating federal law, and that there is discussion concerning on-line gambling in Washington, D.C. to allow more internet gambling. Alderman Gonsalves stated that if the lottery games provide revenue to local businesses and some money comes back to the communities there may be some good to it but that she is opposed to on-line gambling. Alderman Galvin stated that there does not seem to be much demand by the public or merchants for Keno-to-Go, and that there are already several outlets in the city where Keno can be played. Mr. Rosenfeld stated that the Massachusetts Lottery Commission must continue to provide new games to their customers in order to remain viable, that the average player is a 49 year old woman or a 53 year old man, that there is a limit on the number of instant tickets that can be checked by a lottery agent at two and then the computer shuts down, and that this restriction does not apply to Keno-to-Go tickets. Alderman Gately stated that he wants to be sure that those who do not have access to computers can check as many Keno-to-Go tickets as necessary at the merchants. Dan McSheffrey, 3 Redleaf Lane stated that he is a local merchant, that non-instant game tickets can be checked on the lottery system without limit, that when there is a payment on a ticket the store receives a payment as well, and that the lottery is another source of revenue for merchants. Mr. Rosenfeld stated that some communities have approved Keno-to-Go with conditions such as no seats or monitors are to be allowed even though the monitors are not currently allowed, that full Keno agents will only be permitted in pouring establishments, that a full Keno license cannot be approved without the approval of the licensing commission of the community, that if a facility is not a pouring establishment it cannot obtain a license, that he is not certain where the regulation of the location of a Keno monitor in a facility is stated, that if a letter is sent to Lottery General Counsel Charles McIntyre with proposed conditions the extension of approval could be reviewed, and that only Attorney McIntyre has the authority to grant a further extension of the opt out period. Motion made and 2nd that that the City Clerk send correspondence to the Massachusetts Lottery Commission stating that lottery agents not be allowed to have seating added if Keno-to-Go tickets are sold and that the city of Woburn be allowed a period of four weeks to establish regulations to prevent existing lottery agents from placing chairs and tables in their facility if Keno-to-Go is offered, all in favor, 9-0. Motion made and 2nd that a communication be forwarded to the Woburn License

Commission concerning the issue of Keno-to-Go and requesting their advice and position on the issue, all in favor, 9-0.

 

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On the petition by City of Woburn, 50 North Warren Avenue. Woburn, Massachusetts

01801 for a special permit pursuant Section 5.1.79 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to erect a steel frame, fabric sheathed storage facility at 50

North Warren Avenue. PUBLIC HEARING OPENED. A communication dated May 2,

2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: City of Woburn – Department of Public Works – 50 North Warren Ave. – To erect a

Storage Facility under Section 5.1.79 & 7.3

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on April 29, 2008, the Board voted to send a favorable recommendation to the City Council to allow the erection of a storage facility at 50 North Warren Ave. under Section 5.1.79 and Section 7.3 in accordance with the plan submitted subject to the condition that the lots be combined through the ANR process prior to building permit.

 

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 City Engineer John Corey and he stated that the locus is locate din the R-3 zoning district, that the operations have been located at the locus since the early 1900s, that the existing salt shed was constructed in the early 1970s, that the salt shed has outlived its useful life of 35 years, that road salt, sand and newer products are now used, that the facility was the proper structure at the time it was constructed however newer products require additional room, that the shed currently holds sand sufficient for one storm, that the new shed will allow a reduction in redundant handling of the material, that a foundation is not needed for the new shed, that it will be a neat looking building and be environmentally safe, that the city will be able to store three times the current capacity of materials, that if there are back-to-back storms the city has to buy more product from suppliers or borrow from other sources, that an ANR plan will be filed, that the ANR plan will be reviewed by the Planning Board at its meeting next week, that a small parcel will be combined with the Department of Public Works site so that the facility is on one parcel, that there is pavement under the entire site, that the locus looks like dirt in some places because of displaced product, that the locus will be brought up to grade in some places with milling obtained from street projects, that there is one direct abutter to the locus, that tree screening will be installed which satisfies the abutters concerns, that the existing salt shed will be retained, that the building is structurally sound but has some leaks, that the current salt shed will be used for seasonal all-weather storage such as the storage of plows out of the weather during the off season, that the vehicles would then be out of sight and the property would be visually more appealing, that the salt and sand will be kept dry in the new facility which will prevent leaching into water sources, that the doors of the new facility will be wide and high enough to allow a vehicle to be loaded in the building, that there will be a berm on the outside of the facility that will  hold back any seepage, that the funding for the project has not been established, that the city has applied for grants, that one source of funding provides 60% of the expense and another source provides 40% of the costs, and that approval of this petition will help with the grant process. Alderman Galvin stated that permitting may be the easiest part of this process, that funding the project will be more difficult, that approval of the special permit should not be interpreted as approval of the funding component, and that the current facility seems to suit its purpose. Alderman Gately stated that the current facility is not in adequate condition, that this project is long overdue, and that by having this facility in place 90% of spillage outside of the building will be minimized. Chris Doherty, Highway Foreman, Department of Public Works stated that currently treated sand and salt mix is stored outside, that a larger facility will allow the product to be stored inside, and that all of the product collected with street sweepers is stored temporarily in the city yard and then trucked out to a landfill. IN FAVOR: Mayor Thomas McLaughlin stated that this is a positive move for the city, that he supports the proposal and that he asks that the proposal be approved. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 20, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS TO ALLOW THE ANR APPROVAL TO BE COMPLETED, all in favor, 9-0.

 

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

A communication dated April 29, 2008 was received from John E. Corey, Jr., PE, City Engineer, Engineering Department as follows:

 

Subject: Library Field Comfort Stations – Minor Modification to Special Permit

 

Recently, the DPW performed a test pit to determine the soil characteristics that exist under the proposed bathrooms at Library Field. During the excavation of the test pit, the primary electrical connection to the existing transformer was found to run directly under the proposed foundation rather than along the edge of the access road as had been marked by NStar.

 

The time required to reschedule and move the electrical conduit precludes using the selected location for the proposed facilities. We have met with the Recreation Department, the Parks Department and the Department of Public Works and we have selected a location that meets the needs of the field users, allows for reasonable utility installation, has sufficient bearing pressure for foundation purposes and will allow the project to go forward as scheduled.

 

The attached site plan indicates the relocated facility. It is our understanding that this is a minor modification to the special permit and the matter can be reviewed by the City Council without requiring a new public hearing.

 

We area available at the Council’s request to answer any questions or concerns relative to the revised location of the comfort stations.

 

Appearing was City Engineer John Corey and he stated that during the due diligence of the construction of the new comfort station a conflict was found with the proposed location of the facility, that this is a proposal for a new location, that the fencing would be moved and curbing installed, that this would narrow the road in this area to the same width as the entrance from Harrison Avenue, that the entrance access to the field will be improved, that the facility will be protected by curbing and fencing, that the electrical conduit was not marked properly by NStar, and that the presence of peat, the electrical issues and the field of play caused issues at any location closer to Harrison Avenue.

Motion made and 2nd that the MODIFICATION OF THE SPECIAL PERMIT be APPROVED, all in favor, 9-0.

 

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

 

On the Order to transfer the sum of $80,500.00 from various Police Department accounts to various Police Department accounts. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: May 9, 2008   s/Thomas L. McLaughlin May 13, 2008

 

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

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

 

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

A communication dated May 2, 2008 with attachment was received from Edmund F. McGrath, Chairman, Woburn Cemetery Commission as follows:

 

Re: Appropriation Request

 

Dear President Doherty and City Council Members:

 

The Board of Cemetery Commissioners is requesting approval for an appropriation of $24,500.00 from the Cemetery Interest Fund as follows:

 

$14,500.00 to cover costs associated with the removal of trees and replacement of the existing fence surrounding the Second Burial Ground off of Montvale Avenue

$7,000.00 to replace the copy machine in the office

$3,000.00 to cover utility expenses for the remainder of this fiscal year

 

Should you have any questions regarding this request do not hesitate to contact this office.

 

Thank you, s/Edmund F. McGrath, Chairman, Cemetery Commission

 

ORDERED     That the sum of $24,500.00 be and is hereby appropriated from Cemetery Interest Fund and distributed as follows $3,000.00 to Utility Acct. 0149052-521103, $7,000.00 to Office Supplies 0149054-542000,

$4,500.00 to Burial Sections 0149058-586601, $10,000.00 to Fence Acct. 0149058-586602

 

                                             s/Edmund F. McGrath, Chairman                                         s/Thomas L. McLaughlin, Mayor

s/Gerald W. Surette, 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 $70,000.00 be transferred as follows from Account

#39359-595000 BLS Ambulance Receipts $15,000.00, from Account #39359-595000 ALS Ambulance Receipts $55,000.00 to Account #0122051-513100 Fire Overtime $70,000.

 

s/Chief Paul Tortolano                                          s/Auditor Gerald Surette

s/Mayor Thomas McLaughlin

 

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 $806,272.00 be and is hereby appropriated as so stated from Unreserved Fund Balance Acct #01-359000 $806,272.00 to Salary Increases: Various Departments FY2008 City Departments $489,617.00, School Department $316,655.00, Total $806,272.00.

 

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

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

 

s/President Doherty (per request)

 

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 $1,696,100.00 be and is hereby appropriated as so stated from Overlay Reserve Acct #01-322000 $1,196,100.00, Unreserved Fund Balance Acct #01-359000 $500,000.00, Total $1,696,100.00 to Mayor’s Capital Improvement Program as per attached list $1,696,100.00.

 

s/President Doherty (per request)

 

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

 

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A document entitled Petition for Acceptance of Public Way was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

I, the undersigned Mayor of the City of Woburn, hereby petition for acceptance of the following public way in which the city has obtained conveyance of the fee interest:

 

The land and improvements thereon reserved for the layout and establishment of

Charles O’Neill Drive on a plan dated September 2, 2003, and entitled “Definitive Subdivision Plan “Canal Estates”, Borselli Engineering and Development, 110 Winn Street, Woburn, MA 01801, recorded with Middlesex South District Registry of Deeds as Plan No. 261 of 2004.

 

The portion of the premises shown on this plan and reserved for street layout is that unnumbered and untitled 50’ wide cul-de-sac parcel; and otherwise that portion of the entire premises shown on said plan exclusive of numbered Lots 1-6, inclusive.

 

s/Mayor Thomas L. McLaughlin

 

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

_________________________

 

PUBLIC HEARINGS:  

 

On the petition by William Highgas, III, Arpie E. Highgas, individually and as trustees of B.A.R. Realty Trust, landowners, to amend the 1985 Woburn Zoning Ordinances by adding the following: 1. Section 5.1 Table of Use Regulations line 42a self-storage warehouse facility – no storage of high hazard materials, trailers, motor vehicles or any outside storage shall be amended by deleting the “-“ under the B-I column and replacing with “P”; 2. Section 6.1 Table of Dimensional Regulations shall be amended by adding to the Floor Area Ratio column for the B-I Zoning District of the following: “(Note 5)”; 3. Section 6.1, Table of Dimension Regulations shall be amended by adding “Note 5” which shall state as follows: “The Floor Area Ratio for a self-storage warehouse facility as defined in this Ordinance shall be 2.0.” PUBLIC HEARING OPENED. A communication dated May 2, 2008 was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 60 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re:  Petition of William Highgas III and Arpie Highgas – 420, 422 and 424 Washington Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter be continued from May 6, 2008 to the City Council meeting on May 20, 2008. 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 that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 20, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON

ORDINANCES, all in favor 9-0.

 

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On the petition by Atlantic Plywood Corp, 8 Roessler Road, Woburn, Massachusetts

01801 to amend an Inflammable License to allow the storage of aboveground of up to

5,000 gallons of Class I liquid paint related material and underground 5,000 gallons of Class II Diesel at 8 Roessler Road. PUBLIC HEARING OPENED. Appearing for the petitioner was Steve Puppo, Director of Warehouse Operations and he stated that this concerns paint related material that is similar to oil based paint, that he obtained a special permit to built a structure to house the product, that the fire department has approved the application, and the building department has inspected the location. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition. None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 9-0. Motion made and 2nd to suspend Rule

20a, all in favor, 9-0. Motion made and 2nd that the LICENSE AMENDMENT be

GRANTED, all in favor, 9-0. Motion made and 2nd to restore Rule 20a, all in favor, 9-0. Presented to the Mayor: May 9, 2008       s/Thomas L. McLaughlin May 13, 2008

 

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Motion made and 2nd to hold the public hearing on the next three matters collectively, all in favor, 9-0.

 

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On the petition by Resources for Responsible Site Management Inc., Trustee of the

Industri-Plex Site Interim Custodial Trust, P.O. Box 487, Chestnut Hill, Massachusetts 02467 to amend the Zoning Map of the City of Woburn by amending a parcel of property known as Lot 40C, Commerce Way from the I-P zoning district to the B-I zoning district. PUBLIC HEARING OPENED. A communication dated May 2, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Resources for Responsible Site Management Inc., Trustee of the Industri-Plex Site Interim Custodial Trust – Lot 40C Commerce Way – Amend Zoning Map from IP-2 to B-I

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on April 29, 2008, the Board voted to forward a favorable recommendation to the City Council on the zoning map amendment to rezone a portion of Lot 40C consisting of approximately 11,267 square feet running parallel to 112 Commerce Way from IP-2 to B-I.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A communication was received from the Committee on Ordinances as follows: “ought to pass”. Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that this matter received a favorable recommendation from the Planning Board. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: May 9, 2008   s/Thomas L. McLaughlin May 15, 2008

 

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On the petition by 112 Commerce Way LLC, c/o National Development, 2310 Washington Street, Newton Lower Falls, Massachusetts 02462 for a special permit pursuant to Section 5.1.35 of the 1985 Woburn Zoning Ordinances, as amended, to modify a special permit granted November 22, 2007 which allowed for a Pet Care Facility to allow for 1.) an amended floor plan and 2.) an amended site plan, at 112

Commerce Way/Lot 40C Commerce Way. PUBLIC HEARING OPENED. A communication dated May 2, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: 112 Commerce Way LLC – 112 Commerce Way/Lot 40C – To modify Special Permit dated November 22, 2007 for a Pet Care Facility to allow for amended site plan and amended floor plan

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on April 29, 2008, the Board voted to send a favorable recommendation to the City Council to modify the Special Permit dated November 22, 2007 for a Pet Care Facility to allow for an amended site plan and an amended floor plan at 112 Commerce Way /Lot 40C subject to the following conditions:

 

  1. That the Pet Care Facility shall comply with all of the requirements indicated in Section 5.1.35a.
  2. That the Facility shall be in accordance with Sheet F1 dated September 21, 2007 amended through February 19, 2008 entitled Store #1961 Woburn, MA. (“Plan”).
  3. That the Pet Care Facility shall be limited to the number of suites and rooms as shown on said Plan including the feline facility as shown on said Plan.
  4. That the operation and maintenance of the Facility shall be subject to the review, inspection, and approval of the Director of the Board of Health.
  5. The Petitioner shall construct and improve the Site substantially as described in  plans submitted with the Petition for Special Permit entitled “112 Commerce Way, Woburn, MA” dated March 14, 2008 except for Sheet Ex-1 Revised March 12,

2008 prepared by Allen & Major Associates, Inc.; 100 Commerce Way, Woburn, Massachusetts (the “Development Plans”) although design adjustments and modifications generally associated with (i) preparing so called “construction drawings” or (ii) site conditions shall be permitted so long as such changes do not constitute substantial changes from said plans.

  1. Construction on the Site shall at all times be in substantial compliance with the Massachusetts State Building Code, together with all other applicable state and federal laws and regulations, including but not limited to environmental laws and regulations.
  2. The Petitioner shall complete the Traffic Improvements set forth in a certain Memorandum prepared by VHB dated October 1, 2007 to Edmund P. Tarallo,

Planning Director prior to the opening of the general retail use on the Site as shown on said Development Plans.

  1. All construction equipment shall be stored in a reasonable prudent manner with due regard for the safety of the workers and general public.
  2. The Planning Board shall approve the landscaping plans and retain jurisdiction over the landscaping.
  3. All dumpsters and waste containers shall be enclosed, by means of a fence, wall or landscaping in compliance with the Woburn Zoning Ordinances.
  4. Exterior construction activities on the Site shall not commence prior to 7:00 a.m.

and shall cease no later than 6:00 p.m. Monday through Saturday.  This condition shall not apply to any work performed by any public utility.

  1. During the Site redevelopment and construction phases, the Petitioner shall maintain all adjoining roadways free and clear of all debris.
  2. All exterior building illumination shall be shielded in such a manner that will prevent direct light from impacting any abutting properties.
  3. Any snow fall on the Site which cannot be stored on the Site shall be removed.
  4. There shall be no overnight parking of tractor trailers in any of the parking spaces throughout the Site.
  5. The Property Owner, on a yearly basis, will inspect all on-site sewer manholes including the City of Woburn sewer manholes, located on either side of the record 112 Commerce Way sewer connection within Commerce Way and shall submit written documentation to the City Engineer that yearly inspections have been performed.
  6. The Petitioner shall install a “impressed thermoplastic” crosswalk across Commerce Way from the site to the Target Shopping Center.
  7. The special permit for the fast food restaurant is for Chipolte Grill only and is not transferable.
  8. 24 hour retail operations shall not be allowed on the site.
  9. That an ANR plan shall be submitted prior to building permit combining the new additional land with the 112 Commerce Way property.
  10. That the sewer connection/mitigation fee will be calculated based on the approved plan prior issuance of a building permit by the City Engineer.
  11. That permission shall be needed from the Town of Reading to work within their 20 wide sewer and drain easement. In addition, the applicant’s engineer will need to demonstrate to the Woburn engineering department that the proposed filling/improvements over the 20 foot wide sewer and drainage easement will not overburden the easement and or impact the existing utilities.

 

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 was received from the Committee on Special Permits as follows: “back for action.” Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the Planning Board forwarded a favorable recommendation concerning these petitions, that the petitioner intends to modify the floor plan of the pet care center and the building size for the retail use, that truck delivery signage would be installed on site consistent with the truck route exhibit plan, and that the number of rooms in the pet care center will not change but this will allow some minor movement within the building such as shelves. Attorney Tarby offered a document entitled “Proposed Revisions to Planning Board

Conditions” and a plan entitled “Truck Route Exhibit Plan” dated 05-06-08 preapred by Allen & Major Associates, Inc. for the City Council to review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Tim Williams, Allen & Major Associates, Inc. stated that the crosswalks will be stripe painted for handicapped access from the handicapped parking spaces to the retail building, that the striped crosswalk at the restaurant will also be painted, that if the City Council wants thermoplastic crosswalks installed that can be incorporated into the plan, and that the site will be well illuminated. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn, Massachusetts 01801 stated that he is in support of the petition and that the recent history of this proposed development demonstrates how quickly the business environment changes, and that the City Council should allow the petitioner to move forward. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd to act on the two special permit petitions collectively, all in favor, 9-0. Motion made and 2nd that BOTH SPECIAL PERMIT PETITIONS be GRANTED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as further amended by this decision, 2. That the Planning Board recommendations be amended by adopting the Proposed Revisions to Planning Board Conditions which are amended by striking the word “initially” in Condition 2 of the Proposed Revisions, 3. That the plan entitled “Truck Route Exhibit Plan” dated 05-06-08 by Allen & Major Associates, Inc. and designated as Sheet No. EXH-1 be adopted and made part of the record, and 4. That the crosswalks on the locus shall be installed with thermoplastic material, all in favor, 90.

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On the petition by 112 Commerce Way LLC, c/o National Development, 2310 Washington Street, Newton Lower Falls, Massachusetts 02462 for a special permit pursuant to Section 5.1.22c, 5.1.23, 5.1.29 and 5.1.57b to modify a special permit granted November 22, 2007 which allowed for 1.) a retail shopping center in excess of 15,000 square feet (47,010) and 2.) a fast food restaurant to allow for 1.) an amended site plan, 2.) an additional 6,999 square feet of gross floor area for the retail shopping center allowing for a total of 54,009 square feet of gross floor area, 3.) the fast food restaurant as originally approved by the Decision, and 4. the accessory parking of commercial vehicles at 112 Commerce Way/Lot 40C Commerce Way. PUBLIC HEARING OPENED. A communication dated May 2, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: 112 Commerce Way LLC – 112 Commerce Way/Lot 40C – To modify Special Permit dated November 22, 2007 for a Retail Shopping Center & Fast Food Restaurant to allow for amended site plan, an additional 6,999 S.F. of G.FA. to the retail shopping center for a new total of 54,009 S.F. of G.FA., the fast food restaurant as originally approved, and the accessory parking of commercial vehicles

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on April 29, 2008, the Board voted to send a favorable recommendation to the City Council to modify the Special Permit dated November 22, 2007 for a Retail Shopping Center & Fast Food Restaurant to allow for amended site plan, an additional 6,999 S.F. of G.FA. to the retail shopping center for a new total of 54,009 S.F. of G.FA., the fast food restaurant as originally approved, and the accessory parking of commercial vehicles at 112 Commerce Way /Lot 40C subject to the following conditions:

 

  1. That the Pet Care Facility shall comply with all of the requirements indicated in Section 5.1.35a.
  2. That the Facility shall be in accordance with Sheet F1 dated September 21, 2007 amended through February 19, 2008 entitled Store #1961 Woburn, MA. (“Plan”).
  3. That the Pet Care Facility shall be limited to the number of suites and rooms as shown on said Plan including the feline facility as shown on said Plan.
  4. That the operation and maintenance of the Facility shall be subject to the review, inspection, and approval of the Director of the Board of Health.
  5. The Petitioner shall construct and improve the Site substantially as described in  plans submitted with the Petition for Special Permit entitled “112 Commerce Way, Woburn, MA” dated March 14, 2008 except for Sheet Ex-1 Revised March 12, 2008 prepared by Allen & Major Associates, Inc.; 100 Commerce Way, Woburn, Massachusetts (the “Development Plans”) although design adjustments and modifications generally associated with (i) preparing so called “construction drawings” or (ii) site conditions shall be permitted so long as such changes do not constitute substantial changes from said plans.
  6. Construction on the Site shall at all times be in substantial compliance with the Massachusetts State Building Code, together with all other applicable state and federal laws and regulations, including but not limited to environmental laws and regulations.
  7. The Petitioner shall complete the Traffic Improvements set forth in a certain

Memorandum prepared by VHB dated October 1, 2007 to Edmund P. Tarallo,

Planning Director prior to the opening of the general retail use on the Site as shown on said Development Plans.

  1. All construction equipment shall be stored in a reasonable prudent manner with due regard for the safety of the workers and general public.
  2. The Planning Board shall approve the landscaping plans and retain jurisdiction over the landscaping.
  3. All dumpsters and waste containers shall be enclosed, by means of a fence, wall or landscaping in compliance with the Woburn Zoning Ordinances.
  4. Exterior construction activities on the Site shall not commence prior to 7:00 a.m. and shall cease no later than 6:00 p.m. Monday through Saturday.  This condition shall not apply to any work performed by any public utility.
  5. During the Site redevelopment and construction phases, the Petitioner shall maintain all adjoining roadways free and clear of all debris.
  6. All exterior building illumination shall be shielded in such a manner that will prevent direct light from impacting any abutting properties.
  7. Any snow fall on the Site which cannot be stored on the Site shall be removed.
  8. There shall be no overnight parking of tractor trailers in any of the parking spaces throughout the Site.
  9. The Property Owner, on a yearly basis, will inspect all on-site sewer manholes including the City of Woburn sewer manholes, located on either side of the record 112 Commerce Way sewer connection within Commerce Way and shall submit written documentation to the City Engineer that yearly inspections have been performed.
  10. The Petitioner shall install a “impressed thermoplastic” crosswalk across Commerce Way from the site to the Target Shopping Center.
  11. The special permit for the fast food restaurant is for Chipolte Grill only and is not transferable.
  12. 24 hour retail operations shall not be allowed on the site.
  13. That an ANR plan shall be submitted prior to building permit combining the new additional land with the 112 Commerce Way property.
  14. That the sewer connection/mitigation fee will be calculated based on the approved plan prior issuance of a building permit by the City Engineer.
  15. That permission shall be needed from the Town of Reading to work within their 20 wide sewer and drain easement. In addition, the applicant’s engineer will need to demonstrate to the Woburn engineering department that the proposed filling/improvements over the 20 foot wide sewer and drainage easement will not overburden the easement and or impact the existing utilities.

 

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 was received from the Committee on Special Permits as follows: “back for action.” See notes of preceding public hearing. Motion made and 2nd to act on the two special permit petitions collectively, all in favor, 9-0. Motion made and 2nd that BOTH SPECIAL PERMIT PETITIONS be GRANTED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as further amended by this decision, 2. That the Planning Board recommendations by amended by adopting the Proposed Revisions to Planning Board Conditions which are amended by striking the word “initially” in Condition 2 of the Proposed Revisions, 3. That the plan entitled “Truck Route Exhibit Plan” dated 05-06-08 by Allen & Major Associates, Inc. and designated as Sheet No. EXH-1 be adopted and made part of the record, and 4. That the crosswalks on the locus shall be installed with thermoplastic material, all in favor, 90.

 

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Motion made and 2nd to take the following matter out of order, all in favor, 9-0.

 

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On the petition by 600 Metronorth Corporate Center LLC, c/o National Development of New England, 2310 Washington Street, Newton, Massachusetts 02462 for a special permit pursuant to Section 5.1.41 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a research and testing laboratory at 120 Presidential Way. PUBLIC HEARING OPENED. A communication dated May 2, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: 600 Metronorth Corporate Center LLC – 120 Presidential Way – To allow for a research and testing laboratory under Section 5.1.41

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on April 29, 2007, the Board voted to send a favorable recommendation to the City Council to allow for a research and testing laboratory of up to 20,000 S.F. under Section 5.1.41 at 120 Presidential Way provided that no hazardous materials shall be used in the space or in their process.

 

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 R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is approximately 6.69 acres, that the petitioner will use 20,000 square feet of a first class office building, that the petitioner will develop and test silicone chips for use in cell phones and electronic devices, that the chips will be designed using a CAD system, that the design is sent off site where the chips will be produced, the chips will then be brought back to the site for testing, that the finished chips would be manufactured overseas, that no hazardous materials would be used on the site, and that the petitioner will not object to a restriction limiting the use to a particular tenant. Alderman Galvin stated that he wants the special permit limited to a particular tenant as a research and testing special permit can be used for a broad range of purposes. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he supports the petition. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that there be a condition as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, all in favor, 9-0. Motion made and 2nd that there be a condition as follows: 2. That the special permit be issued to Mediatek only, 8 in favor, 1 opposed (Denaro opposed).

Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, all in favor, 9-0.

 

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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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On the petition by North Suburban YMCA (YMCA of Greater Boston), 137 Lexington

Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow the building of an outdoor water playground at 137 Lexington Street. PUBLIC HEARING OPENED. A communication dated May 6, 2008 was received from Amy Gamache Turner, Executive Director, YMCA

of Greater Boston, North Suburban Branch, 137 Lexington Street, Woburn, Massachusetts 01801 as follows:

 

Dear Mr. Doherty:

 

On March 8, 2008, The North Suburban Family YMCA submitted a petition for special permit at the 137 Lexington Street property. At this time, we wish to respectfully leave to withdraw without prejudice, the request for special permit.

 

We appreciate your time and consideration in this matter. Please feel free to contact me with any questions or concerns.

 

Very truly yours, s/Amy Gamache Turner, Executive Director

 

No one appeared for the petitioner. IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 9-0. Motion made and 2nd that the

MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor,

9-0.

 

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On the petition by College Street Partners LLC, 900 Cummings Center, Sutie 301U, Beverly, Massachusetts 01915 for a special permit pursuant to Section 5.1.71, 7.3 and 9 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a 586 vehicle parking garage and for the continuation of the existing warehouse and distribution use within the flood plain district at 23 Mack Road a/k/a 23 Rainin Road, Mack Road and Mack Road Rear. PUBLIC HEARING OPENED. A communication dated May 5, 2008 was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: College Street Partners LLC, 23 Mach Road a/k/a 23 Rainin Road, Mack Road and Mack Road Rear, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

On behalf of my client I respectfully request that the above-referenced Petition be given leave to withdraw without prejudice. It is my client’s intention to immediately file a new petition with revised plans. If you need any further information please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby III

 

Attorney Joseph R. Tarby III appeared but offered to additional comment. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor 9-0.

 

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On the petition by Maggie Ann LLC, 1 Red Leaf Lane, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.22b, 5.1.46b and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for an increase in the square footage of the existing convenience mart from 650 square feet to 2,286 square feet at 878 Main Street and 7 Tidd Avenue. PUBLIC HEARING OPENED. A copy of a communication dated April 28, 2008 from Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 878 Main Street Increase in Convenience Mart Square Footage Special Permit –

Special Permit Applications Dated March 31, 2008 – Plot Plan and Floor Plan Dated February 26, 2008

 

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

 

The applicant is proposing to increase the area of the existing convenience mart. Based on the submitted floor plan, the applicant will be accomplishing this by installing proposed shelving. These are the only improvements shown.

 

This office takes no exception to the special permit 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 Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is located in the B-H zoning district, that the Planning Board will review the petition at its meeting on May 13, 2008, that this is a Mobil branded gasoline station, that there are four fueling islands, that there is a 650 square foot convenience mart, that there will be 1,803 square feet of retail use in the proposed revised floor plan, that there will be twelve parking spaces, and that eleven parking spaces are required. Attorney Tarby offered a plan entitled “Floor Plan 878 Main Street, Woburn, Mass.” dated February 26, 2008 prepared by Edward J. Farrell for the City Council to review. Motion made and 2nd that the plan be received and made part of the record, all in favor, 9-0. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED

TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 20, 2008 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 239 Main LLC, Frank Fedora Jr., Manager, 126 Main Street, Unit 2, North Reading, Massachusetts 01864 for a special permit to amend a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to replace two multi-family dwellings with one building containing four (4) dwelling units at 239 Main Street. PUBLIC HEARING OPENED. A communication dated May 2, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: 239 Main LLC – 239 Main St. – To Amend Special Permit pursuant to Section 7.3 to replace multi-family buildings with 4 dwelling units

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on April 29, 2008, the Board voted to send a favorable recommendation to the City Council to allow the amending of the Special Permit granted January 22, 2008 pursuant to Section 7.3 to replace multi-family buildings with 4 dwelling units at 239 Main St. in accordance with the plan of record entitled “Site Plan and Zoning, 239-241 Main Street, Woburn, MA” revised April 7, 2008 except as modified by the following conditions:

 

  1. That the number units shall be limited to four townhouse units;
  2. That the units shall be located such that ready access for fire personnel and hoselines shall be provided around the entire building;
  3. That no parking shall be within the townhouse units;
  4. That parking spaces stalls 1 – 6 shall be 9’x18’, the driveway shall be not less than 22’ wide, and that parking space #1 shall be setback at least 6’ from Main St. and space #7 shall begin at the jog in the property line and be 8’x16’;
  5. That a landscape and fencing plan shall be reviewed and approved by the Planning Board and the Planning Board shall retain jurisdiction over the landscaping;
  6. That the height of the building shall not exceed 2 1/2 stories and 35’;
  7. That an updated site plan and drainage plan shall be submitted to and approved by the City Engineer;
  8. That snow removal is to be off-site; and
  9. That a bike rack shall be provided on site.

 

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 Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that the building has been removed from the locus, that the petitioner seeks to amend the special permit, that three units is not an economically viable project, that the building will be no larger than the previously approved special permit, that the fire chief is in favor of the petition because four units requires a sprinkler system to be installed, that the bulk heads have been moved to improve access to the building for fire personnel, that he does not agree that the affordable housing provisions applies to this proposal based on the language in the ordinance as the building is being constructed as an alteration of a nonconforming structure, that the building is approximately 75 feet from Main Street, that parking space number seven on the plan is for compact cars and only eight feet in width, and that the affordable housing requirement does not apply because this is not a dwelling constructed under Section 5.1 of the 1985 Woburn Zoning Ordinances, as amended, but rather under

Section 7.3. Attorney Salvati offered a document entitled “Proposed Site Plan for 239241 Main Street Residences at 239-241 Main St. Woburn, MA” prepared by Civil

Environmental Consultants LLC dated 9/20/2007, Rev. 5/1/2008, a document entitled “Proposed Housing 4 Townhouse Units – 239-241 Main St. Woburn, MA” with a revision date of May 6, 2008, and a copy of an email dated May 6, 2008 from Ruth J. Walton Trustee, Williamsburg Condo Association, 252-256 Main Street, Woburn in favor of the petition. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0.President Doherty stepped down from the chair and Alderman Galvin assumed the chair. Attorney Salvati stated that the elevation plan as drawn is not correct as it does not show the bulkheads but the site plan is correct and does show the bulkheads. President Doherty stated that if the project is to include four units an effort should be made to produce a better project rather than jam the unit onto the site. Attorney Salvati stated that there is no interest by the neighbors to sell any land to the petitioner to square off the lot, that there will be no visitor parking spaces, that there will be access directly to the bicycle path to the rear of the locus, that there will be parking spaces dedicated to the specific units, and that these will be three bedroom units with a cathedral ceiling in the third floor loft. Frank Fedora stated that the basement will be limited to mechanical units and storage. Attorney Salvati stated that there is no intention for living space to be constructed in the basement, that there is no intention to install bathrooms in the basement, that laundry hook-ups are intended for the basement, that the petitioner would not object to this being added as a condition to the special permit, that the access at the rear of the building for fire personnel is with respect to man access but not vehicle access, and that two parking spaces were added since the prior petition was approved. Motion made and 2nd to close the public hearing, 8 in favor, 1 opposed

(Doherty opposed). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows: 1. That the basements be limited to storage with no plumbing allowed for expansion of living uses and that it be strictly for mechanical units and storage with no bathrooms allowed in the basement, 2. That the recommendations of the Planning Board be adopted as conditions of the special permit, and 3. That a fire suppression sprinkler system be installed for the four unit building in accordance with the memorandum of the fire chief, all in favor, 9-0.

 

************************* _________________________

Alderman Galvin steps down from the chair and President Doherty assumes the chair.

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

MUNICIPAL LANDS:

 

On the Resolution relative to the city accepting a deed in lieu of foreclosure for a certain parcel of land containing approximately 7,350 square feet being Lots 1, 2, 3 in Block 8 on a plan recorded with the Middlesex South District Registry of Deeds in Book 59, Plan 2 and further identified on Assessor’s Map as parcel 13-20-01 on Longwood Avenue, 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 9, 2008       Veto Message Received May 16, 2008

 

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

On the Resolution relative to the city accepting a deed in lieu of foreclosure for a certain parcel of land containing 36,400 square feet identified in Book 10462 on Page 024 in the Middlesex South District Registry of Deeds and on Assessors Map as parcel 13-23-03 on Baldwin Avenue and Belmont Avenue, 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 9, 2008       Veto Message Received May 16, 2008

_________________________

 

NEW PETITIONS:

 

Petition by GameStop 3315, 103 Commerce Way, Woburn, Massachusetts 01801 for a License to Sell Second-Hand and Personal Articles of Value and Collectibles. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND

LICENSES, all in favor, 9-0.

 

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

Petition by College Street Partners LLC, 900 Cummings Park, Suite 301U, Beverly,

Massachusetts 01915 for a Commercial Parking Lot License at 23 Mack Road a/k/a 23 Rainin Road, Mack Road and Mack Road Rear. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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

Petition by Lily Draper Street LLC, 8 Sarafine Way, Wilmington, Massachusetts 01887 for a Planning Board special permit to amend a Planning Board special permit granted October 8, 2004 and amended May 12, 2005 by deleting Condition 2 at Lots 9 and 10, 10 Draper Street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON SPECIAL PERMITS, all in favor, 9-0.

 

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

Petition by Pecks, Inc., 238 Bedford Street, #3, Lexington, Massachusetts 02420 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to utilize a pre-existing non-conforming structure for a different use although the proposed use (retail – pre-packaged foods) is an allowed use without a special permit at 891 Main Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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

Petition by College Street Partners LLC, 900 Cummings Park Center, Suite 301U,

Beverly, Massachusetts 01915 for a special permit pursuant to Sections 5.1.57b, 5.1.71, 7.3, 8.2.5 and 9 to allow for a 300 vehicle parking lot; a reduction in parking for the office, warehouse and distribution use; the parking of commercial motor vehicles and shuttle buses; and for the continuation of the existing warehouse and distribution use all within a flood plain district at 23 Mack Road a/k/a 23 Rainin Road, Mack Road and Mack Road Rear. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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

Petition by ACS Development Corporation, 80 Everett Avenue, Suite 319, Chelsea,

Massachusetts 02150 for a special permit pursuant to Sections 5.1.5 and 11.6.11 of the 1985 Woburn Zoning Ordinances, as amended, to convert second and third floor office space to residential use, creating five two-bedroom units and one one-bedroom unit at 397 Main Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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

Petition by Lytron, Incorporated, 55 Dragon Court, Woburn, Massachusetts 01801 to amend the Zoning Map of the City of Woburn by amending the zoning district for a parcel of property identified on the Assessor’s Map as 16-2-4 and 16-2-2 and located at 41 Dragon Court and a portion of 55-73 Dragon Court from the R-2 zoning district to the I-P zoning district. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

 

In accordance with Massachusetts General Laws Chapter 92, Section 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending March 3008: number of parking violations issued 413, number of violations paid 266, number of violations outstanding 228, amount collected and submitted to the Office of the Collector $22,217.20. There exists a backlog of 5,071 tickets for 1982 through 2007. Demands will be sent out until all tickets have been paid. Parking violations referred to the Handicapped Commission $3,600.00.

 

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 May 1, 2008 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 for the month of April. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A copy of a communication dated April 30, 2008 to Donald Jensen, City Treasurer was received from Paul L. Sweeney, Treasurer, Northeast Metropolitan Regional Vocational School District, 100 Hemlock Road, Wakefield, Massachusetts 01880 advising that the assessment of the city of Woburn for FY2009 will be $1,211,514.00. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE with a copy to the Committee on Finance, all in favor, 9-0.

 

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

A copy of a communication dated April 29, 2008 to Mayor Thomas McLaughlin was received from Alderman Paul Denaro stating his opposition to continuing the process of construction of any single elementary school that does not encompass all remaining school districts. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A communication dated May 4, 2008 with attachment was received from Donald J.

Borchelt, Executive Director, Woburn Redevelopment Authority, 371 Main Street,

Woburn along with the information package for the April meeting of the Woburn Redevelopment Authority. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A communication was received from U.S. Environmental Protection Agency inviting the

City Council to a community forum on the Olin Chemical Superfund Site on May 15, 2008 at 7:00 p.m. at the Wilmington Middle School Auditorium, 25 Carter Lane, Wilmington. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A copy of a communication dated May 5, 2008 from Thomas C. Quinn, Jr., Woburn Building Inspector to Paul Ahlin, 11 Grant Street, Woburn was received relative to a complaint received regarding illegal building and dumping on the rear of property located at 11 Grant Street. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A copy of a communication date April 24, 2008 was received from Mary L. Evangelista, 9 Grant Street concerning illegal building and dumping on real estate adjacent to her property. Motion made and 2nd that the MATTER be RECEIVED AND PLACED IN

FILE, all in favor, 9-0.

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated May 1, 2008 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Re: John M. Sawyer – Board of Cemetery Commission

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint John Sawyer of 14 Frank Street Court as a member of the Cemetery Commission for a period of three years. Mr. Sawyer will replace Edmund McGrath whose term has expired. Please be advised that Mr. Sawyer’s term will begin upon confirmation by the City Council.

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.

 

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

A communication dated May 1, 2008 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Re: Steven Braese – Board of Cemetery Commission

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Steven Braese of 4 Diana Drive as a member of the Cemetery Commission, for a period of three years. Mr. Braese will replace John Quinno who term has expired. Please be advised that Mr. Braese’s term will begin upon confirmation by the City Council.

 

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.

 

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

A communication dated May 1, 2008 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Re: Kenneth R. Summers – Zoning Board of Appeals

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Mr. Kenneth R. Summers of 6B Bartlett Drive whose term expires May 1, 2008, as a member of the Board of Appeals for a period of three years.

 

Mr. Summers’ appointment will be effective on the date of confirmation by the City Council, and his three-year term will expire on that date.

 

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.

 

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

A communication dated May 1, 2008 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Re: James Callahan – Zoning Board of Appeals

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint James Callahan of 32 Van Norden Road whose term expires May 31, 2008, as an alternate member of the Board of Appeals for a period of three years.

 

Mr. Callahan’s reappointment will be effective on the date of confirmation by the City Council, and his three-year term will expire on that date.

 

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.

 

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

A communication dated May 1, 2008 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Re: Reappointment of Richard P. Haggerty – Historic District Commission

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Richard P. Haggerty of 30 Thistle Rd as a member of the Historic District Commission for a period of three years.

 

Haggerty’s original appointment expired April 30, 2008.

 

Mr. Haggerty’s reappointment will be effective on the date of confirmation by the City Council, and his year term will expire three years from that date.

 

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 3, Article V, Section 3-25 “Senior Citizen Property Work-Off Program” of the 1989 Woburn Municipal Code, as amended, be further amended as follows:

 

  1. By deleting from Section 3-25(B)(1)(d) the word “abatement” and replacing same with the word “reimbursement”.

 

  1. By deleting Section 3-25(E) in its entirety and replacing same with the following:

 

E. Reimbursement Guidelines

    1. The hourly rate for services cannot exceed the state’s minimum wage or be lower than the federal minimum wage.  Therefore, the rate shall be set to the state’s current minimum wage.
    2. The maximum reimbursement credited to any individual during a program year shall be $750.00 per fiscal year, or the maximum allowed by Chapter 184, Section 52 of the M.G.L. as amended time to time.  The maximum reimbursement per household shall be $750.00 or the maximum allowed by Chapter 184, Section 52 of the M.G.L. as amended from time to time.
    3. The maximum number of hours worked will be determined according to the current state minimum wage.
    4. The reimbursements will be charges against the Woburn Council on Aging Budget.
    5. Upon completion of the required hours of work service, or a fraction there of, participants will receive one payroll check.  The participants will have the option of applying the check to his/her real estate tax bills for the fiscal year.
    6. Applicants shall be aware that the City of Woburn will issue a “W2” form for federal income tax purposes only.  The “W-2” is a substitute for the previously issued Form 1099. Participants will also need to complete a “W-4” (Employee’s Withholding Allowance Certificate) and a Massachusetts Deferred

Compensation SMART Plan application form.  The Deferred

Compensation SMART Plan is a mandatory substitute for Social Security.  Both of these forms will be included in the participant’s application packet.  The amount of the reimbursement under this program is not considered regular earnings or income for state income tax purposes, however, under Internal Revenue Service (IRS) guidelines, reimbursements received under this program are considered income and are subject to the mandatory Medicare tax.

 

s/Alderman Dwyer

 

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

 

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ORDERED     That the Committee on Special Permits Review meet with representatives of the Prime gasoline station located at 117 Pleasant Street to discuss issues arising from vehicles queued along Pleasant Street.

 

s/Alderman Galvin

 

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

 

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RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to repave Burlington Street its entire length from side to side.

 

s/Alderman Galvin and President Doherty

 

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

Presented to the Mayor: May 9, 2008         Returned Unsigned May 16, 2008

 

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

RESOLVED That His Honor the Mayor instruct the police chief to implement traffic speed enforcement along Dragon Court and to provide a report to the City Council as to the number of citations issued.

 

s/Alderman Mercer-Bruen

 

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

Presented to the Mayor: May 9, 2008   s/Thomas L. McLaughlin May 17, 2008

 

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RESOLVED Whereas, the City has been working with the Massachusetts Department of Environmental Protection to resolve issues regarding the City’s water quality; and

 

Whereas, the City looks forward to continuing its cooperative working relationship with the Department of Environmental Protection;

 

Now, Therefore, Be It Resolved that the City Council of the city of

Woburn supports the action of the Mayor in executing an Administrative Consent Order with the Department of Environmental Protection in the interest of protecting and preserving water and water quality in the City.

 

s/Alderman Denaro and Alderman Gonsalves

 

Alderman Mercer-Bruen stated that she does not intend on supporting the resolution, that this is directly related to the Administrative Consent Order (ACO) signed by the Mayor without the knowledge of the City Council, that this is not about conservation, that for many years the city’s leaders have said to residents to put up with business as it will keep your water and tax bills low, that this resolution is now saying that this is not the case, that the residents will not benefit from this, and that this will not help the seniors of the city. Alderman Drapeau stated that there are a lot of issues being mixed up by the opposition, that it was a mistake for the Mayor not to involve the City Council when the ACO was signed, that saying to the Department of Environmental Protection (DEP) that the city will not install water meters was not wise with $650,000.00 in fives on the table, that the new ACO would forgo the fines, that saying that water bills will double merely inflames the constituents, that the city may be forced to install meters, that the city does not have to have a fee per gallon used, that the city can structure the rates so that there are flat fees for a certain use, that this will help the city meet conservation intentions, that it will help the city understand what usage there is and assist the public in understanding the cost of providing water, and that the city will be forced to install water meters. Alderman Mercer-Bruen stated that this has nothing to do with conservation, that the city’s legal counsel opined that the Mayor does not need City Council approval either two years ago or now, that 60% of the city’s water is generated locally, that the Massachusetts Water Resources Authority (MWRA) should not have a right to order metering, that this is about metering and not about conservation, and that she wants to hear from the public about water meters. Alderman Raymond stated that if the city did not sign the ACO the city would be brought to court, that the residents do not want water meters, and that not a single resident said that he wanted water meters to conserve or because be believed that his water bill would be lower. Alderman Denaro stated that the ACO was signed with or without City Council approval, that the DEP does not want to hear any more nonsense from the city of Woburn, that the city is way out of regulatory guidelines compared to what other communities are doing, that he is not willing to expend money on legal defense to fight the state, and that the resolution has no impact but to indicate to the DEP that the city is willing to speak. President Doherty stated that he is not certain whether the DEP is would be upset with so-called nonsense from the city because the city two weeks ago said it did not want water meters or because for two years that city did nothing on the previously signed ACO, and that there is an amended ACO because of noncompliance with the ACO signed in 2006. Alderman Gonsalves stated that the city can continue to fight or begin to study the matter, and that the City Council should start to request information in the Committee on Water in order to make a rational decision on this issue. Alderman Galvin stated that there is a legally binding ACO signed by the Mayor, that the

Mayor clearly should not have signed the ACO, that the Mayor violated Section 15 of the City Charter which states that any order involving the expenditure of money in excess of $200.00 requires a majority vote of the City Council and this includes as well the $5,000.00 fine that the Mayor agreed to, that the Mayor clearly violated the City Charter, and that the new amended ACO is a smoke screen to provide the Mayor with cover. Alderman Gately stated that the city is part of the MWRA area, that the city set the water rates, that it is not the water charges but the sewer charges that is killing the city, and that the city needs to offer an olive branch to the DEP for many reasons other than water meters. President Doherty stepped down from the chair and Alderman Galvin assumed the chair. President Doherty stated that the Mayor signed the ACO, that the Mayor committed the city two years ago to moving forward with installing water meters, that the DEP should be happy but the residents should be angry, that the DEP is asking the city to take $5,000,000.00 out of the pool of money available for water quality issues to put into purchasing water meters, that metering and controlling water loss is an MWRA issue, that the MWRA cannot mandate the city to do anything until the city takes 50% of its water from the MWRA, that it the city did not have industry there would not be a high rate of water expense because the MWRA water is mostly supplied to the industrial area, that all of the city’s water improvement programs have been accomplished without DEP involvement, that if the interest is to increase costs to encourage conservation then the DEP is the solution, that the DEP is putting a financial hardship on the city and delaying the city’s planned water improvement projects, that if there is a renegotiated ACO that focuses on the water quality of the community then he will support it, that the DEP is forcing the city to comply with a legally binding agreement that the Mayor signed in 2006, that if the Mayor could sign in 2006 he can sign now as he does not need the City Council approval as cover, and that the City Council Committee on Water should work now to establish a plan. Motion made and 2nd that the RESOLVE be ADOPTED, ROLL

CALL: Denaro – Yes, Drapeau – Yes, Dwyer – No, Galvin – No, Gately – Yes,

Gonsalves – Yes, Mercer-Bruen – No, Raymond – No, Doherty – No, RESOLVE FAILS. Motion made and 2nd that a communication be forwarded to His Honor the Mayor asking for a report as to whether the city stands on the amended Administrative Consent Order with the Department of Environmental Protection, all in favor, 9-0.

 

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

Alderman Galvin stepped down from the chair and President Doherty assumed the chair.

 

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

RESOLVED Whereas, the cost of energy resources used to heat residences in the city having risen dramatically and are expected to continue to rise through the next heating season; and

 

Whereas, there is a genuine fear that many residents of the city will not be able to afford traditional means of heating their homes and will seek alternatives which may lead to personal injury and property damage; and

 

Whereas, as a community there must be an effort to assist our neighbors in safely getting through the next heating season;

 

Now, Therefore, Be It Resolved that the Office of the Mayor, the Fire Department, the Police Department and the School Department, working collectively and collaboratively, plan and administer a public safety awareness education program relative to safe alternatives for heating the homes of the city’s residents and that such a plan be implemented no later than September 15, 2008.

 

s/Alderman Denaro and Alderman Dwyer

 

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

Presented to the Mayor: May 9, 2008   s/Thomas L. McLaughlin May 16, 2008

 

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RESOVLED That His Honor the Mayor instruct the Superintendent of Public Works to

reclaim and repave the access road between Russell Street and Lexington Street with the approval and signed easement agreements of the direct abutters.

 

s/Alderman Drapeau

 

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

Presented to the Mayor: May 9, 2008         Returned Unsigned May 16, 2008

 

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RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to reclaim and repave Ridgewood Road and make necessary drainage improvements, removing the safety hazard created by water runoff during winter months, assessing the condition of the sidewalks and repairing the sidewalks as necessary.

 

s/Alderman Drapeau

 

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

Presented to the Mayor: May 9, 2008         Returned Unsigned May 16, 2008

 

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

RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to reclaim and repave Heritage Drive and make necessary improvements to drainage and sidewalks.

 

s/Alderman Drapeau

 

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

Presented to the Mayor: May 9, 2008         Returned Unsigned May 16, 2008

 

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RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to reclaim and repave Senator Road and make necessary improvements to drainage and sidewalks.

s/Alderman Drapeau

 

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

Presented to the Mayor: May 9, 2008         Returned Unsigned May 16, 2008

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 10:21 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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