City Council – 05/18/2010

DATE 05/18/2010
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 18, 2010 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

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

_________________________

 

Motion made and 2nd to suspend the rules for the purposes of taking the following matter out of order, all in favor, 9-0.

_________________________

 

On the report by Veterans Agent Larry Guiseppe relative to a proposed 60th Anniversary

Korean War parade to be held in Woburn in July 2010. Appearing was Veterans Agent

Guiseppe and he stated that there is an interest in holding a 60th Anniversary Korean War Parade in Woburn in July, that local veterans support the effort and would like to participate, that they are seeking a parade permit from the Chief of Police, that the Woburn Color Guard will participate in the parade, that a medal will be presented to each participating Korean War veteran, that there are about 240 Korean War veterans from Woburn, and that although he is not certain about how many Korean War veterans from

Woburn are still surviving they are generally approximately 80 years of age. Seung

Kenny Kang, Korean Society of New England, 400 West Cummings Park #1275,

Woburn, Massachusetts 01801 stated that he is the General Secretary of the Korean

Society of New England, that they will be opening an office at 13 Campbell Street in Woburn, that the parade will be held on Sunday, July 25, 2010 at 5:00 p.m., that the parade will start from their office at 13 Campbell Street, proceed to Woburn Common and then back to their office, that the parade duration will last approximately forty-five minutes, and that the Consulate General from South Korea will attend the event.  _________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $3,500.00 be and is hereby transferred as so stated from

ALS Ambulance Receipts Acct #31359-595000 $3,500.00 to Fire/Holiday Pay Acct #0122051-514500 $3,500.00

 

I hereby recommend the above. s/Paul Tortolano, Chief, Fire Department

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

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

 

s/President Denaro

 

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

_________________________

 

PUBLIC HEARINGS:  

On the petition by Kraft Foods, Inc., 3 Lakes Drive, Northfield, Massachusetts 60093 to amend an Inflammable License for maximum of 635 gallons LP-gas stored above ground in 1 x 200 gallon stationary tank and 13 x 10 gallon forklift tanks, maximum of 50,000 gallons of #6 fuel oil in AST container, maximum of 50,000 gallons of diesel fuel in AST container, maximum of 115,000 gallons of grease oil in AST container, maximum of 3,000 gallons of Class A liquid flavoring in drums, maximum of 8,500 gallons of Class B liquid flavoring in drums, and 4,000 gallons of Class C oil and liquid flavoring in drums, all at 7 Hill Street. PUBLIC HEARING OPENED.  A report was received from the Committee on Police and Licenses as follows: “That the license be amended with the conditions as follows: 1. That the words ‘maximum of 635 gallons LP-gas stored above ground in 1 x 200 gallon stationary tank and 13 x 10 gallon forklift tanks’ shall be stricken and in its place be added the words ‘maximum quantity of 880 gallons of LP-gas to be stored in aboveground containers as follows two (2) x 120 gallon stationary tanks, one (1) x 500 gallon stationary tank and, fourteen (14) x 10 gallon forklift tanks’, and 2. That the license shall not be transferable.” Alderman Mercer-Bruen stated that the petitioner met with the Committee on Police and Licenses regarding this permit as well as the Kraft Ad Hoc Committee concerning the odor issue, and that progress has been made on the odor issue. 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 COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor May 20, 2010 and ten days having elapsed without same being approved, said license became effective without his signature on June 2, 2010

 

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On the Order to accept the provisions of M.G.L. Chapter 64L, Section 2(a) relative to a local meals excise.  PUBLIC HEARING OPENED. Alderman Denaro stated that the matter before the City Council is regarding the proposed meals tax and not the Spence Farm or Whispering Hill proposals, and that comments should be confined to the meals tax issue. Alderman Drapeau stated that there is a link between the meals tax proposal and the purchase of those open space parcels, and that in his opinion the issues are connected and can be mentioned in the meeting. IN FAVOR: Mayor Galvin stated that he urges the City Council to vote to accept the .75 meals tax, that this is a local acceptance ordinance, that there will be approximately $600,000.00 in additional revenue for the city, that the average restaurant bill is $12.50 and that would be an additional 9 cents tax on the average restaurant bill, that the tax was adopted in Burlington, Melrose and Medford, that Woburn has a population of approximately 37,000 residents and that this doubles during the day, that this proposal spreads the tax impact to people from out of the city, that this is not a hardship for restaurants or families, that the meals tax is not a factor in deciding where to eat, that patrons choose where they want to go out to eat based on their preference, that this matter is linked to the purchase of the open space property, that the purchase of this property is important for the city, that he recognizes the effort of Alderman Drapeau for his work in purchasing the property, and that the purchase of these properties is a once in a lifetime deal. Joe Patrissi, 56 Kilby Street stated that the meals tax is the perfect situation, that this will have less impact on his income or home, and that he can choose to pay this tax by eating in a restaurant. Gregory Holt, 7 Kosciusko Street stated that he is in favor of the proposal, and that this proposal is negligible on a restaurant bill. Julie Smith, 19R Wyman Street stated that he is favor of the proposal to support open space. Laura Smith, 19R Wyman Street stated that she is in favor of the proposal, and that she wants open space for her generation. Rob Truslow, 80 Harrison Avenue stated that he is in favor of the petition. Walt Howe, 6 Saw Mill Brook Way stated that he resides in the Quail Run development, that this area is a resource for light recreation, and that he is glad to pay a small meals tax. Dog Murphy, 11 Marion Avenue stated that he is in favor of the proposal, and that the land will be available for the future needs of the city. Laura Lowry, 21 Wyman Street stated that she will not notice this tax on her purchases. OPPOSED: Steve McGovern stated that he is the Director of Operations for the 99 Restaurant, that the restaurant industry has been hit in this economy, that this will be additional money that people will have to spend, that it is not clear whether this tax will affect sales, that customers already are cutting back on purchases, that customers who used to visit their restaurants two to three times per month now are coming every several weeks, that they have been in business in Woburn for thirty years, that they have rolled back prices on beverages and meals, and that continuing to add onto expenses for going out to dinner will further hurt the industry. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that he is not opposed to purchasing open space, that a year ago there was an agreement to increase the hotel/motel tax but not the restaurant tax, that Mayor McLaughlin opposed the meals tax, that the Woburn Business Association at the time indicated that the hotel/motel tax was an option but not the meals tax, that this was a ladies and gentlemen’s agreement, that the City Council affirmed the vote of the past City Council regarding the Clapp School property, that this City Council should affirm the vote of the past City Council with regard to the meals tax, that $500,000.00 in yearly revenue is not pennies, that restaurants are not seeing good times, that alcohol sales are where restaurants are making money, that there is little profit in meals, that if the city wants to purchase the property then all the taxpayers should bear the burden, that this burden should not be placed on restaurant owners, that the matter should be referred to committee and discussed with reference to statistics from the Massachusetts Restaurant Association, that dining out is now a luxury, that it is the responsibility of everyone in the city to share in the purchase of this land not on one area of the community, that the City Council should not make a hasty decision, that the City Council should think about the matter, and that the City Council should not divide the city but unite the city. Mr. Meaney reviewed the Journal of the City Council meeting of August 29, 2009 in which the hotel/motel tax was deliberated and the meals tax was mentioned. Jason Lesley, General Manager of the 99 Restaurant on Mishawum Road in Woburn stated that any decision by a customer to stay away impacts the business and the staff members pay, that the average lunch check and the average dinner check are different amounts, that the lunch tabs are less so those in town for the day pay less than residents who pay the dinner tab. Robert Marcellino, 23R James Street stated that the meals tax went from 5% to 6.25%, that with the proposed local meals tax added on the average increase of the meals tax will be 40% in less than two years, that there is over 9% unemployment in the State, that the City Council should ask whether this is the proper time to act on this matter, and that the matter should be placed on the ballot in November for the people to decide. John Cashell, 173 Lexington Street stated that the members of the City Council were elected to hold the line on taxes, that the City Council should cut what the city spends by $600,000.00 rather than increasing these taxes, that the idea of losing open space is emotional, that the decision to urbanize the community was made years ago, that there is little open space in Woburn, that the city should cut down on spending and should not reach for more tax revenue, and that the last two mayors lost their reelection bids because of increases in taxes by as much as 65%. Paul Medeiros, 9 Marietta Street state that he is in favor of the meals tax, that he eats out five times a week, that the meals tax increase will not impact his decision to eat out, that he pays this tax when he eats in restaurants in other cities, that no mayor has purchased open space in years, that the cigarette ban was predicted to harm restaurants in the city but it did not, and that now there are more restaurants than before the cigarette ban. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Alderman Drapeau stated that although at the last hearing on the hotel/motel tax he was opposed to the meals tax there are two issues that drive his decision tonight, that the first is the long effort to prevent this land from being overdeveloped, that the second is the overwhelming support of the community for the tax, that he has heard some opposing views at this meeting, that when a constituency wants a certain issue then he will support the matter, that the burden of the tax will not be widely felt by restaurant patrons, that this is an avenue away from the property tax, that the meals tax can be revisited and repealed at a later time, that the city has never passed an override, and that the city passed a debt exclusion but that will end at a certain time. President Denaro stepped down from the chair and Alderman Drapeau assumed the chair. Alderman Mercer-Bruen stated that she will support the Order, that the hotel/motel tax passed on an 8 in favor, 1 opposed vote, that she has taken the time to reach out to constituents, that the overwhelming response has been that this was a tax from which the city would get something back and would not grow government or be used to balance the books, and that she supports the meals tax 100%. Alderman Gately stated that he voted for the hotel/motel tax but not the meals tax for a reason, that he will not support the meals tax, that this is a tax and it will affect people, that he has worked to preserve open space, that the city should share the burden of purchasing the property, that this  is a tax on a tax, that this meals tax will not pay the debt burden on the property, that additional money will have to be raised in additional taxes, and that if the open space is being purchased this will reduce new residential growth in the city. President Denaro stated that there has been no discussion of how the land will be purchased, that he did support the hotel/motel tax but not the meals tax, that the estimates for the hotel/motel revenue was $170,000.00 but $300,000.00 was raised, that this is all new revenue, that the money is placed in the General Fund, that there was an absence at the hotel/motel vote so the vote was 7 in favor, 1 opposed, 1 absent, that there are taxes owed on one of the parcels and it is not clear if the city will be able to collect these past taxes, that there are revenue streams inside the city that do not warrant a tax on the residents and businesses of the city, and that this is being played out that both parcels of land will be purchased with the meals tax but this is not the case. Alderman Raymond stated that he stands by his prior pledge regarding taxes however the opportunity to purchase this land will not come again, that the city can implement the meals tax to make the purchase and then investigate to see whether there is another revenue stream, that the tax could be repealed at that time, and that he will support the order.  Alderman Anderson stated that this proposal will result in a tax of 75 cents out of every $100.00 spent at a restaurant, that this will also be borne by people from out of the city who use services in Woburn, and that he cannot think of a better purpose for the tax. Alderman Haggerty stated that the city has not purchased open space since 1979, that he did pledge to hold the line on taxes but this is a unique opportunity, that this is a huge investment in the future, that candidates can talk about open space during campaigns but they must stand by those comments, and that it is not just an absence of construction but also an increase in conservation. Alderman Gaffney stated that he supports the meals tax, that this is a novel idea to purchase and pay for open space, that the people do not want the residential property tax increased, and that this proposal allows for the purchase of open space without an impact on the residential tax bill. Alderman DiTucci stated that she hates paying and imposing taxes, that she campaigned on maintaining the lines on taxes but also on open space, that she spoke to restaurant owners in Burlington where they have the local meals tax, that the owners stated the meals tax has not affected their businesses but the economy has, and that this is too good an opportunity to let pass. President Denaro asks that the City Council consider the matter, and that if the land is not purchased the meals tax will still be in place. Motion made and 2nd that the ORDER be ADOPTED, ROLL CALL: Anderson – Yes, DiTucci – Yes, Drapeau – Yes, Gaffney – Yes, Gately – No, Haggerty – Yes, Mercer-Bruen – Yes, Raymond – Yes, Denaro – No, MOTION PASSES.

Presented to the Mayor: May 20, 2010       s/Scott D. Galvin May 20, 2010

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to transfer the sum of $70,000.00 from ALS Ambulance Receipts Account to Fire Department Overtime Account, committee report was received “ought to pass”.

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

Presented to the Mayor: May 20, 2010       s/Scott D. Galvin May 20, 2010

 

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

 

On the Order to accept a grant of easement for public way purposes between Lexington Street and Russell, Street, committee report was received “back for action.” Alderman Mercer-Bruen stated that she applauds the effort to fix the road but is concerned about the easement. Alderman Drapeau stated that he wants the matter referred to the Committee on Ordinances, that he asked for information from two department heads for clarification, that he received a response from the City Solicitor, and that he is awaiting information from the City Engineer. Motion made and 2nd that the matter be referred to Committee on Ordinances, all in favor, 9-0. Motion made by Alderman Drapeau and 2nd to reconsider the vote to forward the matter to the Committee on Ordinances, all in favor, 9-0.

 

A communication dated May 12, 2010 was received from City Solicitor John D. McElhiney as follows:

 

Re: Repair of Private Ways

 

Dear Members of the Council:

 

To follow-up on a discussion held at the Municipal Lands Committee Meeting on May 10, 2010, I am enclosing herewith a copy of the G.L. (Chapter 40, Section 6N), which authorizes cities and towns, by adoption of an ordinance, to authorize the making of temporary repairs on private ways. As can be seen from the law, there are numerous details that the cities and towns must consider, such as the type and extent of repairs, under which circumstances abutters must petition for such repairs, if betterment charges are to be assessed, and more. I am also enclosed several examples of various ordinances or by-laws adopted in neighboring communities, including the Town of Winchester, the City of Melrose, the City of Waltham, and the Town of Stoneham. I believe once you have reviewed all of these, you will see the variety of ways in which each city and town has chosen to address the various issues set forth in the statute.

 

I would be happy to work with the Council in drafting a proposed ordinance, but many of the underlying policy decisions will obviously have to made by you.

 

Please let me know if I can be of further assistance.

 

Sincerely, s/John D. McElhiney

 

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

 

A further communication dated May 17, 2010 with attachment was received from City Solicitor John D. McElhiney as follows:

 

Re: Temporary Repairs to Private Ways

 

Dear Members of the Council:

 

Submitted this evening for a first reading is a draft Ordinance relative to the above subject. As you may recall the statute authorizing cities and towns to adopt ordinances relative to this matter (G.L. Chapter 40, Section 6N) sets forth a number of options and choices that the City must make with respect to issues surrounding, type, extent, and circumstances under which repairs will be made. I also supplied you with examples of such ordinances or by-laws from some neighboring communities.

 

The Ordinance submitted herewith essentially follows the course of the by-law presently in effect in the Town of Winchester. I stand ready to assist the Committee with your review of this proposed Ordinance.

 

Alderman Drapeau also requested that I further clarify my comments which were made at the Municipal Lands Committee meeting on May 10, 2010 relative to the liability of the City with respect to maintenance of its public ways. In that regard, be advised that cities and towns are responsible for maintaining their public ways so that the ways are reasonably free from defects and safe for travel, and are responsible for damages incurred due to defects in the roadway. However, G.L. Chapter 84, Section 15, establishes a maximum limit of both personal and property damages arising from claims and defects in such public ways, with a cap of $5,000.00 per claim. I trust this clarifies this issue.

 

Please let me know if and when I can be of further assistance on this matter.

 

Sincerely, s/John D. McElhiney

 

Attached thereto was the following Order:

 

ORDERED     Be It Ordained by the City Council of the City of Woburn that Title 12, Article III, of the 1989 Municipal Code, as amended, be and is hereby further amended, by adding a new section, numbered 12-14B as follows:

 

12-14B      Temporary Repairs to Private Ways

 

  1. GENERAL

 

In accordance with Massachusetts General Law Chapter 40 Section 6N, and as the same may be amended, the City Council may authorize temporary repairs to be made to private ways, in accordance with this Ordinance.

 

  1. TYPE OF REPAIRS

 

The repairs may include, but not are limited to:  filling, grading, patching and surface coating, and may include repairs to drainage swales, conduits, systems and structures as are necessary to preserve the roadway.  All repairs must be determined by the City Engineer and Superintendent of Public Works to be required for public health, safety, or welfare.

 

  1. PETITION

 

The City Council may make a determination on the need for said repairs, and may authorize the making of said repairs, with or without a petition of abutter(s) to the private way. Such determination, as well as any determination to assess Betterment Charges, as set forth hereafter, shall only be made after a hearing duly called and scheduled, notice of which is published in a newspaper of general circulation in the City at seven days prior thereto, and of which written notice is mailed to record owners abutting said way, as determined from

Assessors records. The cost of publication and mailing shall be paid by or assessed to the petitioners, if any, and in the absence of any petition, may be added to the Betterment Charges, if any be assessed by the Council pursuant to Section D, below. The City Council may establish, by Rule or Regulation, filing fees and procedures not inconsistent herewith for the processing and hearing of any such petition for temporary repairs.

 

  1. BETTERMENT CHARGES

 

Betterment charges may be assessed by the City Council on the abutter(s) of such way up to an amount equal to the cost of such repairs.  If betterments are to be assessed, they shall be assessed upon each parcel of land benefiting from such repair in proportion to linear frontage on the portion of the way to be improved or other proportional method as may be approved by the City Council. Betterments shall be apportioned over such a period as the City Council deems appropriate, after considering such matters as the estimated useful life of the proposed repairs and the source of funds to be used for the same.

 

  1. DEPOSIT

 

The Superintendent of Public Works may require a cash deposit up to the amount of the estimated cost of such repairs, as determined by the City Engineer and said Superintendent of Public Works, to be paid to the City prior to the commencement of such repairs. The Superintendent may use any appropriate collection process deemed necessary in collecting such deposit from the abutter(s).  The Superintendent, with the approval of the Mayor, may enter into contracts on behalf of the City with abutters or associations of abutters providing for other methods of payment for such repairs by abutters, upon such terms as the Superintendent, with the approval of the Mayor deems reasonable.

 

  1. STATUS OF WAY

 

This Ordinance does not confer any obligation or duty on the City or its agents to either initially place or to thereafter maintain and repair said private ways so that they are reasonably safe and convenient for travel by being free from defects or want of repair.  The making of any such temporary or necessary repairs to private ways, no matter how often or to what extent, does not constitute an acceptance by the City of such ways as public ways, nor does it constitute a way being “maintained and used as a public way” under the Massachusetts Subdivision Control Law.

 

  1. LIABILITY

 

It is intended that the City shall have no liability as a result of any such repairs, and no repairs to a private way shall be undertaken until the City Council has determined that satisfactory arrangements have been made to appropriately reduce or eliminate any liability to the City arising from the same. Such arrangements may include, but are not necessarily limited to, the provision of insurance by repair contractors and/or by abutters or associations of abutters insuring the City’s interests or the provision of suitable indemnity agreements by abutters or by associations of abutters.

 

  1. INDEMNITY AGREEMENT

 

The indemnity agreement contemplated by Section G, above, shall indemnify and hold the City harmless from additional damage and claims arising from repairs undertaken hereunder, shall provide that the making of such repairs does not constitute a commitment by the City, express or implied, to provide any maintenance or repair to the way in the future, and shall provide that the making of such repairs shall not constitute “maintenance” of such ways so as to give the way the status of a way “maintained and used as a public way” under the Massachusetts Subdivision Control Law.

 

s/Alderman Drapeau

 

Alderman Drapeau stated that this proposal can be amended in committee as needed, and that his vision is that the road will be repaired by the property owners before being accepted as a public street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, all in favor, 9-0.

_________________________

 

NEW PETITIONS:

 

A communication dated May 14, 2010 was received from Amy Vogt, Tenant

Coordinator, Cushman & Wakefield, 55 Cambridge Parkway, Cambridge, Massachusetts

02142 requesting the change of name of owner of the Inflammable License at 225

Presidential Way from 150 MetroNorth Corporate Center, LLC to VV2 Presidential Way, LLC. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petition by Clear Wireless, LLC, c/o Anne Grant, Prince, Lobel, Glovsky & Tye, LLP, 100 Cambridge Street, Suite 2200, Boston, Massachusetts 02114 for a special permit pursuant to Sections 5.6 and 11.5 of the 1985 Woburn Zoning Ordinances, as amended, to install a wireless communications facility by constructing a 125 foot flagpole design monopole, to install three (3) wimax antennas and two (2) wireless backhaul dish antennas, all to be mounted and completely concealed within the proposed monopole together with supporting equipment to be located at the base of the monopole and surrounded by a proposed eight (8) foot chain link fence, all at 92 Merrimac Street.

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

 

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Petition by Clear Wireless, LLC, 200 5th Avenue, Waltham, Massachusetts 02451 for a special permit pursuant to Sections 5.6 and 11.5 of the 1985 Woburn Zoning Ordinances, as amended, to install a wireless communications facility consisting of a 100 foot monopole tower and three (3) wimax antennas and two (2) wireless backhaul dish antennas to be mounted on the top of the proposed monopole, together with supporting equipment to be located at the base of the monopole and surrounded by an eight (8) foot chain link fence, all at 205 Wildwood Avenue. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated May 10, 2010 was received from Richard Mahoney, Chair, Library Building Committee, Woburn Library Board of Trustees as follows:

 

Dear President Denaro:

 

On April 30th the library building committee asked to appear before the City Council for the May 18th meeting. After discussions last week with our architect and our project manager we determined that we need more time to value engineer the construction cost and plans for the project.

 

We are requesting that we be allowed to postpone that appearance until the meeting on June 1, 2010. They have assured the building committee that this will be complete by the end of the month.

 

Thank you, s/Richard J. Mahoney, Chair, Library Building Committee

 

Motion made and 2nd that the MATTER be REFERRED TO THE CITY COUNCIL MEETING ON JUNE 1, 2010, all in favor, 9-0.

 

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A communication dated May 6, 2010 with attachment was received as follows:

 

Re: Acceptance of Easements – Battle Road

 

Dear Members of the Council:

 

At the last regular meeting of 2009, the City Council voted to accept a Grant of a certain lot of land adjacent to battle Road, as well as two Easements on nearby parcels of land which also abut the road. The actual wording of the Resolve adopted that evening, however, referenced only the lot of land but did not reference the easements. In order to properly record the Grant of Easements at the Registry of Deeds, it is necessary for the Council to take a vote explicitly referencing the same. I am enclosing herewith an attached Resolve to accomplish the same. I believe only one reading is necessary, but I would be happy to further explain this should the Council have any questions.

 

Thank you for your anticipated cooperation.

 

Sincerely, s/John D. McElhiney

 

Attached thereto was the following Order:

 

ORDERED     That the City Council of the City of Woburn hereby authorizes the Mayor and Historical Commission to accept on behalf of the City, by gift or nominal consideration of One Dollar ($1.00), from Robert W. Murray, Individually and/or as Trustee of Apple Tree Trust, a Grant of Easement over a portion of Lot 263 on Land Court Plan No. 5711-30, dated December 14, 2009; a Grant of Easement over Lot 158 on Land Court Plan No. 5711-V, and over a portion of Lot 154 on Land Court Plan No.

5711-U, all as set forth in certain Grants of Easements dated December 14, 2009; does hereby confirm and ratify acceptance of the same by instrument executed by the Mayor and the Chairperson of the Historical Commission on April 26, 2010; and does authorize the Mayor to take all actions necessary or convenient in order to accomplish the foregoing acquisition and record the Grants of Easements at the Registry of Deeds, Registered Land Department.

 

s/Alderman Drapeau

 

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

Presented to the Mayor: May 20, 2010       s/Scott D. Galvin May 20, 2010

 

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A communication dated May 13, 2010 was received from Clerk of Committees Patricia Bergeron George was received as follows:

 

Re: Petition of Perennial Landscape Corp. – 22 Torrice Drive

 

Dear President Denaro and Aldermen:

 

At a hearing of the Board of Appeals held Wednesday, May 12, 2010, the Board heard the Petition of Perennial Landscape Corp. seeking a Variance per Section 5.2(2) relative to the placement of a fence greater than 3 feet in height within the front setback. At the May 12th hearing, two of the Board’s members expressed their view that the applicant did not satisfy the statutory requirements that would support the issuance of a variance allowing the applicant to construct a six foot fence along the front property line. As a result of said hearing, the Board has voted to copy you with the attached Legal Opinion from City Solicitor John McElhiney, dated May 4, 2010. Based on this Legal Opinion, the Board suggest that the City Council consider waiving, amending or rescinding Condition #8 of the Special Permit issued to Perennial Landscape Corp., or amending the Zoning Ordinance that prohibits fences in excess of three feet in height within the front setback in all zoning districts in the city.

 

Note, this matter was continued to the Board’s next meeting, which is scheduled for June 16, 2010.

 

Thank you for your consideration, and should you have any questions, please feel free to contact me.

 

Sincerely, s/Patricia Bergeron George, Clerk of Committees

 

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

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS:  None.

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

From the Traffic Commission:

 

ORDERED     CENTRAL STREET – The restriction prohibiting parking on the westerly side from the intersection with Hawthorne Street to a point twenty feet north of Montvale Avenue from 6:00 a.m. to 10:00 a.m. shall be suspended up to and including September 1, 2011.

 

Alderman Mercer-Bruen stated that these two ordinances would allow construction workers to park their vehicles during the construction of the Goodyear School, and that once the new school is open these restrictions would be back in place. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: May 20, 2010       s/Scott D. Galvin May 20, 2010

 

************************* From the Traffic Commission:

 

ORDERED     CENTRAL STREET – The restriction establishing two handicapped parking spaces on the westerly side at a point 230 feet north of the intersection with Montvale Avenue to a point 293 feet north of the intersection with Montvale Avenue shall be suspended up to and including September 1, 2011.

 

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

Presented to the Mayor May 20, 2010 and ten days having elapsed without same

being approved, said license became effective without his signature on June 2, 2010

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

RESOLVED That His Honor the Mayor add Winter Road to the Pearl Street and Winter Street Drainage Improvement Plan. The drainage correction would redirect what is now flowing into the yards and basements of the residents on the even side of Winter Road. Further, that the Acting Superintendent of Public Works and the City Engineer prepare a proposal regarding the matter

 

s/Alderman Raymond

 

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

Presented to the Mayor: May 20, 2010       Returned Unsigned May 20, 2010

 

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RESOLVED Whereas, in July, 2006, after a distinguished 40 year career with the Commonwealth of Massachusetts, Joseph T. Garbino accepted the parttime position of Grant Writer for the City of Woburn; and

 

Whereas, Joseph T. Garbino over his term of service has prepared numerous successful applications for grant funding on behalf of the City, including within the last year a $174,600 Recovery Act Energy Efficiency Grant to replace the Police Station roof, a Health Services Grant for $141,570 to fund improvements to the Plympton School, and a $30,000 from the Massachusetts Technology Collaborative to improve energy efficiency at the new Woburn High School; and

 

Whereas, Joseph T. Garbino has designed and implemented an efficient process to provide timely information to City of Woburn department heads regarding new grant  funding for specific projects and programs; and

 

Whereas, Joseph T. Garbino, at the request of the Mayor, established the Woburn Clean Energy Committee, to promote and coordinate energy conservation measures throughout the City of Woburn’s municipal facilities;

 

Now, Therefore, Be It Resolved that the City Council of the City of Woburn extends its deepest gratitude and appreciation to Joseph T. Garbino, for his four years of service as the Grant Writer for the City of Woburn, and wish him every success in his future endeavors.

 

s/Alderman Gately

 

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

Presented to the Mayor: May 20, 2010       Returned Unsigned May 21, 2010

_________________________

 

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

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COMMITTEE REPORTS:

 

POLICE AND LICENSE:

 

On the petition by Ali Saleb dba Metro Cab to change place of business to 193 Main Street, Woburn, Massachusetts, committee report was received “to approve”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0. Presented to the Mayor May 20, 2010 and ten days having elapsed without same being approved, said license became effective without his signature on June 2, 2010

 

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On the petition by American Classic Limousine, Inc. to renew Livery License for thirteen

(13) vehicles, committee report was received “to approve”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor May 20, 2010 and ten days having elapsed without same

being approved, said license became effective without his signature on June 2, 2010

_________________________

 

RESOLVED That His Honor the Mayor add Sunnyside Road to the Pearl and Winter Street drainage Improvement plan. The drainage correction would redirect that is now flowing into the yards and basements of the residents of Pearl Street. I have reviewed the request with the Acting Department of Public Works Superintendent and he agrees that a drain would take care most if not all of the problem.

 

s/Alderman Raymond

 

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

Presented to the Mayor: May 20, 2010       Returned Unsigned May 20, 2010                _________________________

 

ORDERED     That the sum of $4,434.27 be and is hereby transferred as so stated from Medicad Direct Billing Acct #0113452-530405 $4,434.27 to Election

Printing Acct #0116252-534005 $2,358.61, Election Workers Salary Acct #0116251-5120005 $2,075/66, Total $4,434.27

 

I hereby recommend the above: s/William C. Campbell, City Clerk

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

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

 

s/President Denaro

 

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

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

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:59 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

 

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