City Council – 05/20/2014

DATE 05/20/2014
TIME 7:00 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 20, 2014 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gaffney

                                                Concannon

Gately

DiTucci

Mercer-Bruen

Drapeau

Raymond

                                                                                              Haggerty

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS:  

 

Motion made and 2nd to suspend the rules for the purposes of hearing from His Honor the Mayor regarding the FY2015 City Budget, all in favor, 9-0.

__________________________

 

A communication dated May 15, 2014 was received from His Honor Mayor Scott D. Galvin to present the FY2015 City Budget as follows:

 

Dear President Haggerty and Members of the Woburn City Council:

 

I am respectfully requesting that I be allowed to present the FY2015 City Budget to your Honorable Council on Tuesday, May 20, 2014, at 7 p.m. in the City Council Chambers.

 

I would like to deliver a very brief overview of the budget, and then be available for Council Members’ questions before the budget is sent to the Committee on Finance for review.

 

Thanks you.

 

Sincerely, s/Scott D. Galvin, Mayor

 

Appearing was His Honor the Mayor Scott D. Galvin and he read the following communication into the record:

 

Dear President Haggerty and Members of the City Council:

 

I am pleased to present the FY 2015 budget, which totals $112,050,397—an increase of

3.19 percent more than last year.  In addition, the water and sewer enterprise budget for FY 2015 is $18,229,262—an increase of 1.05 percent.  The budgets provide for a conservative increase in spending that will enable municipal departments to provide residents with the same solid services they expect and deserve.

 

Highlighted below are a number of issues that impact the FY 2015 budget:

 

The School Department budget is increasing by 4.2 percent, for a total outlay of $53, 717,738.  The final school budget figure is the result of a number of productive meetings held in collaboration with School Superintendent Mark Donovan.  The budget allows the Woburn School Department to implement a number of important initiatives, supported by the School Committee, which will benefit our children and the quality of education they receive.

 

We incurred a jump in our school budget due to an influx of students at the Northeast Regional Vocational School (20 percent increase, or $292,225.) as well at the Essex North Shore Agricultural School (100 percent increase, or $115,725).

 

I have included an appropriation in the amount of $500,000 to the recently established

OPEB Trust Fund, continuing our fiduciary duty to comply with GASB 43&45.  GASB 43&45 were designed to shed light on costs and financial obligations related to postemployment health insurance benefits. GASB requires cities and towns to report obligations as they are incurred, not when employees retire. We will continue to set aside assets for future OPEB liabilities—failure to prefund future retiree benefits will result in new balance sheet liabilities that could affect our bond rating.

 

We also continue our efforts to upgrade and modernize Fire Department operations and capital outlays using the Municipal Resources study as a guide.  The FY 2015 budget includes funding for an additional firefighter, which results in the staffing of 17 firefighters for each Group.

 

FY 2015 funding has also been provided in this budget to upgrade a Woburn Fire captain position to Assistant Chief.  Funding for some important, strategic technology upgrades is also included.

 

Energy efficiency upgrades approved by the City Council over the past few years and the resulting savings continue to benefit the City.  For instance, we received grant funding in the amount of $25,000 from DOER to hire a part-time energy manager to assist the City in identifying additional areas to reduce energy use and save money.

 

The economic development of our commercial districts is vital for the continued prosperity of our city. In order to help strengthen the commercial tax base, I have provided a modest appropriation for economic development marketing. The funding will be used for upgrading the city website, working with site location specialists and creating marketing materials stressing the benefits of locating in our great city

 

I am also happy to report we were able to reduce the City’s health insurance outlay by more than $700,000.  We accomplished this important savings by making a thoughtful change to the prescription drug benefit provided to our Medicare retirees—still offering the same health plan benefits with no increase in the retiree contribution amount and at the same time saving the City more than $700.000.  Furthermore, annual premiums for Medicare retirees will be reduced significantly.

 

In addition, we continue to meet with Union Representatives through the Health Insurance Advisory Committee and have proposed reasonable plan design changes that could result in additional, substantial savings to the city and active employees.  As of this date, the planned increase for active employees if no changes are agreed upon will be 5.5 percent. This potential increase will be absorbed by, and offset the savings incurred by changing the retiree health plan.

 

Please do not hesitate to call if you have any questions.

 

Sincerely, s/Scott D. Galvin

 

Attached thereto was the following:

 

ORDERED: that for the purpose of defraying expenses for the fiscal year  July 1,2014 / June 30, 2015 the following sums of money be and they are respectfully appropriated to the accounts and for objects and purpose herein after stated and explained:

Page                      Department                  Dept Code #                          Summary                       Total

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  1. City  Council      0111     Salary $92,679.16

Maintenance                                                                                                  $11,000.00          $103,679.16

  1. Mayor     0121     Salary $636,227.80

Maintenance                                                                                                  $64,400.00          $700,627.80

  1. Community Services      0122     Maintenance    $32,000.00       $32,000.00
  2. Auditor   0134     Salary $286,671.38

Maintenance                                                                                                 $108,500.00         $395,171.38

  1. Purchasing         0136     Salary $127,381.88

Maintenance                                                                                                   $4,200.00           $131,581.88

  1. Assessor            0137     Salary $504,805.19

Maintenance                                                                                                  $51,100.00          $555,905.19

  1. Treasurer / Collector      0138     Salary $366,808.33

Maintenance                                                                                                 $130,000.00         $496,808.33

  1. Law        0151     Salary $133,866.60

Maintenance                                                                                                 $125,500.00         $259,366.60

  1. Data Processing             0154     Salary $118,500.00

Maintenance        $321,800.00

Offset Revolving                                                                                                    -$88,000.00      $352,300.00

  1. City Clerk           0161     Salary $270,666.00

Maintenance            $6,650.00

Outlays                                                                                                $450.00                $277,766.00

  1. Election & Reg   0162     Salary $67,179.16

Maintenance          $31,525.00

Outlays                                                                                                  $0.00                    $98,704.16

  1. License Commission      0164     Salary $12,000.00

Maintenance                                                                                                      $0.00                $12,000.00

  1. Human Resources          0170     Salary $172,335.63

Maintenance                                                                                                   $8,600.00           $180,935.63

  1. Conservation      0171     Salary $107,545.34

Maintenance            $5,150.00

Outlays                                                                                               $7,000.00               $119,695.34

  1. Planning Bd/ Comm Devel         0172     Salary $240,202.67

Maintenance                                                                                                  $68,500.00          $308,702.67

  1. Board of Appeals           0173     Salary $22,000.00

Maintenance                                                                                                      $0.00                $22,000.00

  1. Sundry Boards   0174     Maintenance    $37,600.00       $37,600.00

18-21        Police                                             0210           Salary                $7,819,937.63

  1. Maintenance     $745,249.00
  2. Outlays $23,600.00   $8,588,786.63

24-25        Fire                                                 0220           Salary                $6,167,354.29

  1. Maintenance     $418,950.00
  2. Outlays $50,000.00   $6,636,304.29
  3. Inspection Services      0251   Salary $470,980.02

Maintenance            $9,800.00

Outlays                                                                                                  $0.00                  $480,780.02

  1. Sealer of Weights          0254   Salary $15,848.56

Maintenance                                                                                                    $500.00              $16,348.56

  1. Civil Defense     0291   Salary $38,390.86

Maintenance                                                                                                   $1,500.00             $39,890.86

  1. Woburn School             0300   Budget   $53,717,738.00

31           Northeast Regional                         0301           Budget              $1,426,424.00

Essex North Shore

Agricultural &Technical

  1. School District   0302     Budget             $115,725.00

$55,259,887.00

  1. Engineering        0410     Salary $277,345.30

Maintenance          $22,500.00

Outlays                                                                                               $2,400.00               $302,245.30

33-36        Public Works                                  0411           Salary                $2,373,132.80

37           Public Works                                  0412           Administration       $18,000.00

  1. Public Works      0414     Tree Moth        $26,500.00
  2. Public Works      0417     Street Maint     $443,000.00
  3. Public Works      0418     Snow Remove $279,000.00

39           Public Works                                  0419           Traffic Control        $85,900.00

  1. Public Works      0420     Street Lighting             $235,000.00
  2. Public Works      0421     Repair & resur $0.00

40           Public Works                                  0422           Sidewalk Rep                 $0.00

40           Public Works                                  0424           Comm. Events       $14,000.00

40           Public Works                                  0425           Bridge Repair                 $0.00

  1. Public Works      0426     Fence Repair               $0.00
  2. Public Works      0428     City Garage     $0.00

41           Public Works                                  0429           Telephone                $2,000.00

  1. Public Works      0430     Gas  &  Oil                    $315,000.00
  2. Public Works      0432     Trucks & equip            $220,000.00
  1. Public Works     0435   Public building   $375,000.00
  2. Public Works     0436   Outlays            $0.00     

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  1. Total Public Works   Budget             $4,386,532.80
  2. Cemetery          0490   Salary $392,661.60
  3. Maintenance     $0.00
  1. Outlays $10,000.00   $402,661.60
  2. Board of Health             0512   Salary $372,609.61
  3. Maintenance     $63,550.00
  4. Rubbish Removal          0495   Maintenance    $2,831,000.00   $3,267,159.61
  5. Council on Aging          0541   Salary $215,808.89

Maintenance                                                                                                  $67,421.00          $283,229.89

  1. Veterans Benefits          0543   Salary $87,063.20

Maintenance            $2,500.00

Benefits                                                                                             $243,001.00             $332,564.20

  1. United Veterans            0544   Maintenance    $10,850.00   $10,850.00
  2. Public Library   0610   Salary $865,786.99
  3. Maintenance     $223,290.00

$1,089,076.99

  1. Recreation        0620   Salary $118,580.99

55                                                                                    Programs               $89,320.00

56-57                                                                                  Maintenance $82,140.00                                                                               $290,040.99

  1. Parks     0630     Salary   $388,369.40
  2. Maintenance     $124,650.00
  1. Outlays $0.00    $513,019.40
  2. Historical Comm.          0650   Maintenance    $5,000.00   $5,000.00
  3. Handicap Commission 0660   Maintenance    $500.00   $500.00
  4. Biotech Commission     0670   Maintenance    $500.00   $500.00
  5. Agricultural Commission   0675     Maintenance   $1,000.00         $1,000.00 64   Traffic Commission     0640   Maintenance    $750.00  $750.00
  1. Human Rights Commission       0685     Maintenance    $1.00    $1.00

Historical District

  1. Commission       0690     Maintenance    $1.00    $1.00
  2. Maturing Debt    0710     Principal          $1,600,000.00

Interest                                                                                             $761,400.67           $2,361,400.67

  1. Interest Temp Loans      0715     Interest            $250,000.00      $250,000.00
  2. Woburn Retirement        0970     Salary&Maint   $5,305,862.00   $5,305,862.00
  3. Non Contributory Pensions        0970     Salary $15,157.15       $15,157.15
  4. Unemployment   0980     Maintenance    $100,000.00      $100,000.00
  5. Insurance           0980     Maintenance    $17,276,003.07    $17,276,003.07
  6. Medicare Tax      0980     Maintenance    $750,000.00      $750,000.00

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TOTAL GENERAL FUND BUDGET                                          $112,050,397.17

$8,120,783.77

$10,300,746.60

$1,477,962.60

$18,421,530.37
$19,899,492.97 $18,421,530.37

74-75        Water & Sewer Enterprise Fund Budget

Water =

      76-79                                                                                       0450

Sewer =

      80-84                                                                                       0440

Direct

Charges to

Enterprise

Fund

Indirect

Charges

Reflected in General fund 

Total Enterprise Fund Budget

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Grand

Total

Fiscal

2015

                                                                                                                          Budget        $130,471,927.54

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s/President Haggerty

 

Motion made and 2nd to return to the regular order of business, all in favor, 9-0. Motion made and 2nd to receive the FY2015 City Budget and refer the MATTER be REFERRED TO THE COMMITTEE ON FINANCE, all in favor, 9-0.

__________________________

 

A Veto Message dated May 14, 2014 was received from His Honor Mayor Scott D. Galvin follows:

 

Re:  Moratorium Order

 

Dear President Haggerty and Members of the Woburn City Council:

 

In accordance with Section 25 of the Charter of The City of Woburn (Chapter 172 of the Acts of 1897), I am returning the Order “that until further Order of the City Council, no memorials, plaques, benches or structures of any kind, name or nature shall be placed or erected on any land owned or controlled by the City of Woburn, its departments, commissions and authorities in or around Horn Pond and its environs. …”

 

I am vetoing this Order in its entirety.  As reasons therefore, Section 16 of the City Charter specifically prohibits the City Council from directly or indirectly taking part in the care, custody or management of City property.

 

Furthermore, as you know, the City Council approved an appropriation request from my office in the amount of $100,000.00 to fund the commission of a new Master Plan for the City of Woburn.

 

The Planning Board will be updating the Master Plan, in accordance with MGL c41, §81D.  The Comprehensive Master Plan will be a statement designed to provide a basis for decision-making regarding the long-term development of the City, and shall include the following elements:

 

  1. Goals and polices determined by interactive public process
  2. Land use
  3. Housing
  4. Economic  Development
  5. Natural and Cultural Resources
  6. Public Facilities
  7. Traffic
  8. Implementation

 

In further accordance with Section 81D, the Comprehensive Master Plan shall also include an Open Space and Recreation element, which will provide an inventory of recreational and open space areas of the municipality, and policies and strategies for the management and protection of such areas and resources.

 

Additionally, the City will be updating its Open Space and Recreation Plan over the next several months.  This Plan will also detail the City’s current and future use of passive and recreational space it owns.

 

Clearly, Horn Pond, often referred to as the “Crown Jewel of the City,” will be included in both documents.  The planning process will be subject to numerous interactive public meetings, and will be open to ALL residents of the City to express their opinions about every element of the Master Plan and Open Space and Recreation Plan, including the use of Horn Pond.

 

Sincerely, s/Scott D. Galvin, Mayor

 

Motion made and 2nd to receive the communication from His Honor the Mayor, all in favor, 9-0. Alderman DiTucci stated that the Order was meant to give the city ninety days to look at the processes and procedures followed to allow projects to move forward if the city chooses, that city employees are installing the foundations for the memorials, that the city is accepting gifts, that the expenditure of city resources and acceptance of gifts by the city are under the authority of the City Council, that to date the City Council has not been asked to approve these matters, that the Order was intended to give the City Council time to establish a procedure which under law the City Council is allowed to do, that the Order was not meant to usurp authority but to establish rules, that the offices of the Mayor, the Superintendent of Public Works and the Conservation Commission when asked deny responsibility for the placement of benches and memorials however the benches and memorials continue to appear, that M.G.L. Ch. 44, Sec. 53A½ gives the authority to accept gifts to the City Council, that the City Council needs to take responsibility, that there are 122 benches around the perimeter of Horn Pond and 78 benches on the trails and another 4 benches set to be installed, and that in ninety days a process for allowing the placement of memorials should be established. Alderman Concannon stated that since the City Council can authorize work within the ninety day period be will support the Order. Alderman Anderson stated that the City Council cannot impose its will on

executive authority however the gifts have to be accepted. Motion made and 2nd to

OVERRIDE THE VETO OF THE MAYOR, ROLL CALL: Anderson – Yes, Concannon

– Yes, DiTucci – Yes, Drapeau – Yes, Gaffney – Yes, Gately – Yes, Mercer-Bruen – No, Raymond – Yes, Haggerty – Yes, MOTION PASSES.

__________________________

 

ORDERED   That the amount of $1,000.00 be and is hereby appropriated from

Library/Snow Removal Acct #0161052-529300 $1,000.00 to Library/Audio Visual Acct #0161054-558704 $1,000.00

 

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

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

 

s/President Haggerty

 

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

___________________________

 

ORDERED      That the sum of $190,000.00 be and hereby appropriated from the School                          Department Energy Receipts Reserved for Appropriation Account to an                          account established by the Mayor and City Auditor for the purchase of an                         emergency generator for the Joyce Middle School.

 

s/President Haggerty

 

I hereby approve the above: s/Mark Donovan, Superintendent I hereby recommend the above: s/Scott D. Galvin, Mayor

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

 

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

____________________________

 

ORDERED                    That the amount of $525,000.00 be and is hereby appropriated from

BLS/Ambulance Receipts Acct #31359-595000 to Fire Regular Salary Acct # 0122051-511000

 

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

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

 

s/President Haggerty

 

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

___________________________

 

PUBLIC HEARINGS:  

 

On the petition by National Grid for a grant of right in a way to extend gas main 175 feet of two inch plastic to serve 3 Sendick Road. PUBLIC HEARING OPENED. A communication dated May 14, 2014 was received from Superintendent of Public Works John Duran as follows:

 

Subject:   National Grid- Sendick Road

 

Pursuant to the request from National Grid for the Grant of Location for the installation of a new 2” gas main on Sendick Road, I offer the following. The gas main is located in the southerly sidewalk of Lowell Street and across the entrance to the newly paved Darling Drive (November 2013). The gas main would have to cross Lowell Street which is also under moratorium since this roadway was paved in October of 2011. Based upon the connection location crossing 2 roads under moratorium, I can not issue a favorable recommendation for this Grant of Location.

 

Please feel free to call with any questions or concerns,

 

Motion made and 2nd that the communication from the Superintendent of Public Works be accepted and made part of the record, all in favor, 9-0. Appearing for the petitioner was Scott Hall and he stated that he was the homeowner, that he purchased the property at foreclosure, that he has expending $100,000.00 for renovations, that he converted the oil system to gas, that the house is set up of gas, that he paid $5,800.00 to bring the gas line in, that there will only be 175 feet of gas line work in Sendick Road, and that Sendick Road is in desperate need of repair. President Haggerty stated that there is a five year moratorium on work in roadways once the road has been repaved. Alderman Mercer-Bruen stated that since National Grid made promises to install the gas service perhaps National Grid can be contacted to dig up and repave the entire roadway rather than an overlay. Alderman Drapeau stated that National Grid would never agree to pave the whole street, that if a road is newly paved the city does not want trenches cut into the road, that National Grid does not do a good job filling trenches, and that the homeowner could convert to LP for a couple of years until the moratorium has expired. Alderman Gately stated that the Superintendent of Public Works has been consistent in not allowing cuts into newly paved roads, that National Grid was well aware of the paving work in this street, and that National Grid often appears and opens a street immediately after a road repaving project has been completed. PUBLIC COMMENTS: None. Motion made and 2nd to close the public hearing, all in favor, 9-0. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be DENIED, all in favor 9-0.

 

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On the petition by Woburn Truck & Auto, Inc., 1095 Main Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended to allow for the alteration and extension of the preexisting nonconforming use (motor vehicle junkyard) to allow heavy manufacturing at 1095R Main Street; Lot 04-01-01, 04-01-02, 04-01-03, 04-01-04; Kensington Avenue;

03-06-02, 03-05-05 Ingelow Avenue 03-05-06; Florence Avenue 03-05-12. PUBLIC

HEARING OPENED. A communication dated May 19, 2014 was received from City Solicitor Ellen Callahan Doucette relative to the definition of manufacturing. Motion made and 2nd that the communication dated May 19, 2014 from the City Solicitor be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive,

Woburn, Massachusetts 01801 and he stated that the Committee on Special Permits met April 28, 2104 to review the matter, that the petitioner subsequently met with the neighbors, that the petitioner wants to submit proposed conditions for the Committee on Special Permits to review, that he asks that the public hearing be continued to the City Council Regular Meeting on June 17, 2014, and that the decision to request the continuance was made today. Alderman Raymond stated that if the petitioner is to seek continuances he asks that the request be made earlier so that neighbors would not have to appear for a meeting that is to be continued. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JUNE 17, 2014 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 Herb Chambers 128, Inc., c/o The Herb Chambers Companies, 47

Eastern Boulevard, Glastonbury, Connecticut 06033 for a special permit pursuant to Section 7.3 and Section 15 of the 1985 Woburn Zoning Ordinances, as amended to allow for the alteration, change and extension of the existing nonconforming use (overnight parking of commercial vehicles) to allow for the storage, reconditioning and preparation of motor vehicles at 285 Locust Street. PUBLIC HEARING OPENED. A communication dated May 19, 2014 with attachments was received from Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re:  Special Permit Petition of Herb Chambers 128, Inc., 285 Locust Street, Woburn, Massachusetts

 

Dear Bill:

 

Enclosed please find for filing in connection with the above Special Permit Petition, the following:

 

  1. Ten (10) copies of Plan entitled “Herb Chambers, 285 Locust Street, Woburn, Massachusetts, Layout Plan prepared by Kelly Engineering Group Inc., 0 Campanelli Drive, Braintree, MA dated May 19, 2014; and
  2. Ten (10) copies of List of Proposed Conditions to Special Permit.

 

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

 

Very truly yours, s/Joseph R. Tarby, III

 

Appearing for the petitioner was Attorney Tarby and he stated that the Committee on Special Permits met on April 28, 2014 to review the matter, the petitioner subsequently met with the neighbors to discuss the project, that the petitioner received input from the neighbors, that a site visit was conducted on May 16, 2014, that petitioner has filed a list of proposed conditions and a proposed plan both of which as works in progress, that the petitioner will add additional landscaping to the plan, that he asks that the public hearing be continued to the June 3, 2014 Regular Meeting of the City Council, and that there was a special permit previously issued for the property. Alderman DiTucci stated that many concerns were expressed at the neighborhood meeting, that the proposal of the petitioner is an attempt to address the concerns of the neighbors although there is a long way to go to make this project palatable, that if there are ten employees that is twenty vehicle trips per day, that two car carriers is another four vehicle trips, that with eighteen vehicles leaving the lot that is an additional eighteen to thirty-six vehicle trips, that the latest estimate is forty-five vehicle trips per day which appears to be low, that the lot will serve three dealerships, that if there are fifty vehicle trips a traffic study is required, that the turning radius of car carriers from Locust Street onto Cambridge Road is important information to consider, that there have been fourteen serious accidents at the intersection, that there are visibility and traffic issues, a number of pedestrians walk in this area, and the she is working with the Traffic Safety Officer and the City Engineer to make a determination relative to the car carrier accessibility to the locus. Alderman Drapeau stated that he needs to understand the actual number of vehicle trips to and from the site, that there will be employees and car carriers, that if there are 400 vehicles on the lot and two car carrier trips per day each carrier holding nine vehicles this is an additional eighteen vehicles adding to the total, that if the petitioner will have 400 vehicles, three or four employees and two car carriers in a day the number of vehicles on the locus will go over 400 vehicles and a number of vehicles will then have to be taken off the lot, that it does not appear that the traffic report describes the actual anticipated operation, and that he wants to hear in committee what a typical day at the lot would be like. Alderman Mercer-Bruen stated that perhaps a car carrier can visit the site to see if the truck can make the necessary turns, that Verizon was operating at the location when the school was in session and it was soccer season, and that she will make a request in committee for a site visit with a car carrier. PUBLIC COMMENTS: Joanne Foti, Locust Street stated that she has lived in her home for 42 years, that when she moved there Locust Street was a dirt road and the junior high was being built, that on the street there is school traffic, buses and incredible traffic from soccer in the weekends, that vehicles park near residential driveways, that the hockey rink causes neighborhood disturbances, that she cannot understand how this proposal can be considered with the hundreds of children on the street for soccer and school, that the petitioner should not come into a residential area with this commercial use, that the petitioner should locate in a commercial area, that Locust Street is heavily traveled by drivers avoiding Cambridge Road and Bedford Road intersection and the Four Corners intersection, that these trucks will never be able to make the turn at Cambridge Road from Locust Street, and that she asks that the City Council deny the request. Marilyn Saunders, 6 Kennedy Park stated that there are many children at the school and soccer fields, that there is also the Paris Farm in the area, that she has been a resident in her home for 44 years, and that she opposed the petition. Motion made and 2nd to accept and make part of the record the letter dated May 20, 2014 with attachments from Attorney Thomas Paul Gorman, Sherin and Lodgen, 101 Federal Street, Boston, Massachusetts 02110 requesting that the special permit application be denied, all in favor, 9-0. Motion made and 2nd that the City Clerk provide a copy of the special permit for this property to the Aldermen and the Committee on Special Permits, all in favor, 9-0. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JUNE 3, 2014, all in favor

9-0.

 

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On the petition by City of Woburn, c/o Engineering Department for a special permit pursuant to 1989 Woburn Zoning Ordinances, as amended, Sections 5.1.79 and 15 to allow for construction of a bathroom/concession stand at Gonsalves Park and Groundwater Protection District. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “ought to pass, as amended, with the conditions as follows: 1. That there shall be no dumpster(s) at the subject premises; 2. That the area shall be kept cleaned and maintained by the Woburn Little League; 3. That there shall be a water meter attached to the water line; 4. That lighting shall not be directed on residential abutters; 5. That the building shall be screened; 6. That the bathrooms shall be open for recreational purposes; and 7. That the building shall be ‘stick built’ construction and not ‘block built’.” Alderman Gately stated that water and sewer serve is available on South Bedford Road, that Willow Street was repaved within the past five years and therefore cannot be dug up for the utilities, that there is sufficient utility capacity to service the use from South Bedford Road, that a homeowner was denied a grant of right in a way to install gas service because of a road being recently repaved and the city has to be held to the same standard, and that the matter can be left to the discretion of the Superintendent of Public Works as long as the moratorium is maintained. Alderman Drapeau stated that he wants to know the cost difference and feasibility issued by moving the connection to South Bedford Road, and that he would like to leave the decision to the Superintendent of Public Works as to what is the better alternative relative to the utility connection. Alderman Anderson stated that he wants to know why the project will be stick built as opposed to block built as the building may be more susceptible to fire and damage. Alderman DiTucci stated that the stick built method is more visually appealing than a block wall, and that the petitioner stated that they intended to construct by stick built. PUBLIC COMMENTS: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the seven conditions recommended by the Committee on Special Permits be adopted, and 2. That the utilities to the building shall be connected from South Bedford

Road, all in favor, 9-0

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to transfer the sum of $4,500.00 from Fire/Sick Leave Buy Back Acct to Fire/Natural Gas Acct, 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 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

On the Order to transfer the sum of $5,000.00 from Treasurer/Payroll Acct to

Treasurer/Postage & Mailings Acct, 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 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

On the Order to transfer the sum of $20,000.00 from DPW Operations Acct and DPW Street Tree Program Acct to DPW Repairs Acct, 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 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

On the Order to authorize the Board of Health Revolving Fund for the purpose of expending for vaccines and expenses associated with the distribution, 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 23, 2014          s/Scott D. Galvin May 23, 2014

 

************************* PUBLIC SAFETY AND LICENSES:

 

On the petition by Portuguese American Club for a Special Event Permit, 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 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

On the petition by Assene Guerrier dba Omega Transportation for a Livery License, committee report was received “back for action pending City Solicitor’s opinion.” Motion made and 2nd that the committee report be received, all in favor, 9-0. Alderman Concannon stated that he learned in committee that this petitioner will operate the business through Uber, that this is a concern about how this operation works, that this license would violate the new ordinance which goes into effect in May 2015, and that the

City Council should be cautious in considering approval of the ordinance. Alderman Drapeau stated that these are livery vehicles which may be in a certain area and a computer app allows them to request a ride, that a livery vehicle in the area would pick up the passengers, and that he does not want to create a situation which would be in violation of an ordinance and therefore the petition should not be approved. A communication dated May 15, 2014 was received from City Solicitor Ellen Callahan Doucette regarding “Petition by Omega Transportation for Livery License.” Motion made and 2nd to accept the communication of the City Solicitor and make it part of the record, all in favor, 9-0. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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

On the petition by Boston Wholesale Motorcars, Inc. for a Second Class Motor Vehicle Sales License, committee report was received “ought to pass, subject to review by Building Commissioner and City Solicitor and the following conditions: 1. That the hours of operation shall be Monday through Saturday from 10:00 a.m. to 6:00 p.m.; 2. That the petitioner furnish the Department of Public Works with a snow plan; 3. That the petitioner shall construct a new façade, hot top the parking lot, and install a chain link fence; 4. That the premises shall be clean and maintained at all times; 5. That exterior lights shall be directed downward and not upon any residential abutters; and 6. That there shall be no outdoor storage.” A communication dated May 15, 2014 was received from Building Commissioner Thomas Quinn as follows:

 

Re: 20 High Street

 

This memo clarifying that Attorney Robert Tedesco and I have had discussions with regard to the above address that was granted a Special Permit pursuant to the Woburn Zoning Ordinances Section 5.1.45 on August 14, 1003 to buy, sell, exchange or assemble motor vehicles.

 

During the review of the file a determination was made by this writer that the Special Permit was for the premises of 20 High Street with no conditions that it was to be terminated upon sale of premises.

 

If you wish to discuss this matter further as always feel free to contact me.

 

s/Thomas C. Quinn, Jr., Building Commissioner

 

A communication dated May 15, 2014 was received from City Solicitor Ellen Callahan Doucette as follows:

 

Re: Transfer of Class 2 License – 20 High Street

 

I write in response to the Committee on Public Safety & Licenses’ request for comment regarding the application for the transfer of a Class 2 motor vehicle license for the property located at 20 High Street. A copy of the Committee’s request is attached hereto for reference.

 

According to the Committee’s request, a representation was made at the Committee’s May 12, 2014 meeting that I (and/or the Building Commissioner) had reviewed the subject application and the Committee wants to confirm that I “have no issue with the transfer of said license”. In fact, I have never seen the application nor would I have had the opportunity to review it unless a City official or board had a legal question regarding same.

 

To the extent that I would have any comment, it would be to counsel the City Council that where both a special permit and a license are required in order to conduct the use, that the conditions imposed upon one form of relief be consistent with those imposed upon the other.

 

Very truly yours, s/Ellen Callahan Doucette, City Solicitor

 

A communication dated May 20, 2014 was received from Superintendent of Public Works John Duran as follows:

 

Subject:  20 High Street

 

Pursuant to the request from Attorney Robert Tedesco for approval of a Snow Plan, I offer the following. The Site Plan of record does not identify an area for snow storage. However, a letter report dated May 16, 2014 from NESIM states that there is adequate storage in the back right corner of the property and that a loader would be available to stack snow within the boundaries of the property. I concur that this would be the correct location for storage and that this should be adequate for most storms.  However, the following conditions should be added: In the event of larger storms, the snow should be hauled off site and that no snow or runoff that will cause icing conditions shall be permitted within the right of way. This lot is located on a sharp curve with limited visibility and could prevent a safety concern. In addition, the snow storage area should be clearly shown on the record plan and NESIM letter shall become part of the Snow Plan.

 

Please feel free to call with any questions or concerns.

 

Motion made and 2nd that the communications from the Building Commissioner, the City Solicitor and the Superintendent of Public Works be received and made part of the record, all in favor, 9-0. Motion made and 2nd that the TRANSFER OF THE SECOND CLASS MOTOR VEHICLE LICENSE be APPROVED, AS AMENDED with the

conditions as follows: 1. That the six recommendations of the Committee on Public Safety and Licenses be adopted as conditions of the License, 2. That the conditions of the special permit shall be conditions of the License, and 3. That the license shall not issue until a snow removal plan has been filed with the City Clerk and approved by the Superintendent of Public Works, all in favor, 9-0.

Presented to the Mayor May 23, 2014 and ten days having elapsed without same being approved, said License became effective without his signature on June 3, 2014.

 

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

 

On the Order to further amend 1989 Woburn Municipal Code, as amended, Title 2, Article V, Section 3-25 relative to the Senior Citizen Property Work-Off Program, 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 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

On the Order to further amend 1989 Woburn Municipal Code, as amended Title 3, Article II, Section 3-12(D) relative to purchasing threshold limits, 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 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

On the Order to revoke the acceptance of the provisions of M.G.L. Ch. 60, Sec. 23A and to accept the provisions of M.G.L. Ch. 60, Sec. 23B relative to the municipal lien certificate fee, 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 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

On the Order to further amend 1989 Woburn Municipal Code, as amended Title 2, Sections 1-189(C), 2-190(A) and 2-190(B), committee report was received “ought to pass, as amended to read as follows:

 

“ORDERED Be it ordained by the City Council of the City of Woburn that the 1989 Woburn Municipal Code, as amended be further amended as follows:

 

  1. By adding a new sentence to the end of Section 2-189(C) that provides as follows: ” The City Council shall, by the second meeting in March determine the rate of increase, if any, of the non-union department heads’ salaries. This provision shall not preclude the City Council from adjusting the salaries at other times during the year.”

 

  1. By adding in the first paragraph of Section 2-190(A) a new second sentence as follows: “All non-union department heads who are not under written personal contract shall be entitled to the Vacation Leave, Bereavement Leave, Personal Days and Education Incentive Benefits as negotiated in the Department Head Union Contract.”

 

  1. By striking from the first sentence of Section 2-190(B) the words “, except department heads, “and by adding a new second sentence to Section 2-190(B) as follows “All non-union department heads who are not under written personal contract shall be entitled to the Sick Leave, Accumulation of Sick Leave and Buy Back of Sick Leave as negotiated in the Department Head Union Contract for all days earned on or after July 1, 2014. All days accumulated prior thereto shall be compensated as provided under Section 2-190(D).

 

  1. The effective date of this ordinance shall be July 1, 2014.”

 

 

A communication dated May 20, 2014 with attachment was received from City Solicitor Ellen Callahan Doucette as follows:

 

Re: Proposed Order – Revisions of WMC Section 2-189 and 2-190

 

I had the opportunity to review the proposed Order which would revise Sections 2-189 and 2-190 of the WMC to grant certain benefits to non-union department heads.

 

To ensure that the revisions when made would leave the text of those sections clear and without conflict, I made a few revisions to the Order and by way of illustration, have inserted/deleted the language of the Order (if passed) into the current text. The revised Order and the illustration are attached thereto.

 

The revisions are made for clarity only, and do not in anyway alter the spirit of the Order as reflected in the Committee report.

 

Very truly yours, s/Ellen Callahan Doucette

 

Attached thereto was the following Order:

 

ORDERED     Be it ordained by the City Council of the City of Woburn that the 1989 Woburn Municipal Code, as amended be further amended as follows:

 

  1. By adding a new subsection at the end of Section 2-189 that provides as follows: “D.  The City Council shall, by the second meeting in March determine the rate of increase, if any, of the non-union department heads’ salaries. This provision shall not preclude the City Council from adjusting the salaries at other times during the year.”

 

  1. By inserting the words “except for department heads” after “All full time non union employees” in the first sentence of Section 2-190(A); and by deleting the second paragraph of Section 2-190(A) and inserting in its place a new second paragraph as follows: “All non-union department heads, except for the City Solicitor, who are not under written personal contract shall be entitled to the Vacation Leave, Bereavement Leave, Personal Days and Education Incentive Benefits as negotiated in the Department Head Union Contract.”

 

  1. By striking from the first sentence of Section 2-190(B) the words “, except department heads, “and by adding a new second sentence to Section 2-190(B) as follows “All non-union department heads, except the City Solicitor, who are not under written personal contract shall be entitled to the Sick Leave, Accumulation of Sick Leave and Buy Back of Sick Leave as negotiated in the Department Head Union Contract for all days earned on or after July 1, 2014. All days accumulated prior thereto shall be compensated as provided under Section 2-190(D).

 

  1. The effective date of this ordinance shall be July 1, 2014.

 

Alderman Anderson stated that the Order was reviewed by the City Solicitor, that the City Solicitor submitted additional proposed amendments, that the committee decided that non-union department heads would not receive automatic salary increases as the union department heads but that the City Council would review the salaries each year, that the committee acknowledged that some benefits were not equivalent and the Order provides that non-union department heads would receive the same benefits as union department heads, that the committee left to a later date the decision as to how to handle the accumulated sick days for non-union department heads, that the City Solicitor addressed the issues and cleaned up the language, that since the City Solicitor advises the Mayor the decision was to exempt the position of City Solicitor from the ordinance to avoid the appearance of conflict of interest, and that this matter has been in committee for over a year. Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED with the amendments as follows: 1. That the amendments proposed by the City Solicitor in the memorandum dated May 20, 2014 be adopted, and 2. That the date of “July 1, 2014” in Section 3 be stricken and the date “January 1, 2014” be inserted in its place, all in favor, 9-0.

Presented to the Mayor May 23, 2014 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on June 3, 2014.

_________________________

 

NEW PETITIONS:

 

Petition by Cub Scout Pak 502, St. Charles Church, 280 Main Street, Woburn,

Massachusetts 01801 for a Special Event Permit to allow a fishing derby at Horn Pond on June 7, 2014. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-0.

Presented to the Mayor: May 23, 2014          s/Scott D. Galvin May 23, 2104

 

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

Petition by the Friends of Mary Cummings Park, Blanchard Road, Burlington,

Massachusetts 01803 for a Special Event Permit to allow a memorial lantern walk at Horn Pond on May 25, 2014. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-0.

Presented to the Mayor: May 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

Petition by GameStop #3315, 103 Commerce Way, Suite #B, Woburn, Massachusetts 01801 for renewal of a License to Purchase and Sell Second-Hand and Personal Articles of Value and Collectibles. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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

Petition by Boston Super Transportation Inc., 29 Cummings Park, #440, Woburn, Massachusetts 01801 for a new Common Carrier License for three vehicles. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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Petition by The Wendy’s Company, 4288 West Dublin-Granville Road, Dublin, Ohio

43017 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1(29), Note 16 to modify a Special Permit granted December 30, 2004 as follows: 1. Amend Condition 1 by replacing the existing Site Plan of record with the plan entitled “Site Development Plans for Wendy’s” prepared by Bohler Engineering, 352 Turnpike Road, Southborough, Massachusetts 01772 dated May 15, 2014; 2. Amend Condition 3 which states “that the hours of operation shall be as follows: (a) restaurant – 10:00 a.m. to 10:00 p.m., (b) drive through – 10:00 a.m. to 12:00 a.m.” as follows: “(a) restaurant 10:00 a.m. to midnight, (b) Drive thru – 10:00 a.m. to 2:00 a.m.”; 3. Amend Condition 15 which states “that the façade shall be constructed of brick as shown in the illustration marked ‘Concept B’ received in City Council on December 7, 2004” with revised plans filed with the Special Permit Petition; 4. Amend Condition 22 which states “that all signs shall be externally illuminated” as follows: that “all signs shall be internally illuminated,” 5. Amend Condition 23 that states “That the free-standing sign be no more than fifteen (15) feet in height and thirty (30) feet in area consistent with requirements of the B-N zoning district in the 1985 Woburn Municipal Code, as amended” by deleting same; and 6. Amend Condition 26 that states “that no exterior banners on the roof, windows or building sides be allowed” by deleting said condition, at 303 Montvale Avenue. Motion made and 2nd that the MATTER be REFERRED TO

PUBLIC HEARING AT THE JUNE 17, 2014 REGULAR MEETING OF THE CITY COUNCIL, as amended with the amendments as follows: 1. That a communication be forwarded to the Building Commissioner requesting a copy of the file for 303 Montvale Avenue from the first special permit to current and that the City Clerk provide a copy of the original special permit and notes and minutes from the meetings, all in favor, 9-0.

 

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

A communication was received from Beth Monroe, Executive Administrator, NELCO Worldwide, 2 Burlington Woods Drive, Suite 300, Burlington, Massachusetts 01803 as follows:

 

Re: 98 Baldwin Avenue Flammable License Renewal

 

Dear Mr. Campbell:

 

I am writing to let you know that we will no longer need a flammable license for 98 Baldwin Avenue. The building on this site has recently been demolished and the tanks removed.

 

Our license has expired on April 30, 2014 and will not be renewed. We have no plans now or in the future to store flammable gases or liquids on this site.

 

If you have any questions, please give me a call at the number below.

 

Thank you for your attention in this matter.

 

Yours truly, s/Beth Monroe, Executive Administrator

 

Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. Motion made and 2nd that the SURRENDER OF THE INFLAMMABLE LICENSE FOR 98 BALDWIN AVENUE be ACCEPTED, all in favor, 9-0.

Presented to the Mayor: May 23, 2014          s/Scott D. Galvin May 23, 2014

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated May 9, 2014 was received from Joanne Collins, Director, Woburn Council on Aging along with a copy of the Director’s Report and the minutes of the Council on Aging for the month of April 2014. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A communication dated May 5, 2014 was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

 

In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting this report to you on the parking violations within the city of Woburn for the period ending March 2014: number of violations issued 297, number of violations paid 158, number of violations outstanding 125, amount collected and submitted to the

Collector’s Office $13,081.60. There exists a backlog of 3,223 tickets from 1982 through

2013. Demand will be sent until all tickets have been paid. Parking fines referred to the Handicapped Commission $1,900.00.

 

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.

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: None.

________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED That the City of Woburn accept Clause 56 of G.L. c. 59, § 5, which would

allow members of the Massachusetts national guard or military reservists who are on active duty to obtain a reduction of all or part of their City of Woburn real and personal property taxes for any fiscal year they are serving in a foreign country, to be effective beginning in fiscal year 2015.

 

s/President Haggerty and Alderman Drapeau

 

President Haggerty stated that this Order allows the Board of Assessors to grant a full or partial abatement to military personnel for personal and real estate property taxes, and that the Order must be renewed every two years. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: May 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

ORDERED     WHEREAS, there presently exists a structure or structures located

in the City of Woburn, Massachusetts known and numbered as 20

Garfield Avenue; and

 

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

 

NOW, THEREFORE, BE IT ORDERED by the City Council of the City of Woburn that the City Clerk and Clerk of the City Council schedule a public hearing pursuant to Mass. General Laws Ch. 139, Sec. 1, et. seq., and give notice thereof to the owner of said building or buildings, said hearing to be conducted for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation.

 

s/Alderman Gately

 

Alderman Gately stated that a package has been submitted from the Building Commissioner in support of this matter, that the property was abandoned in 2008, that there was an effort to clean the property in 2010 and then the property was abandoned again, that the water was shut off in 2010, that the pipes burst and there was four feet of water in the basement, and that there is an unregistered vehicle parked on the property. Motion made and 2nd that the  ORDER be ADOPTED, AS AMENDED with the amendments as follows: 1. That the matter be referred to public hearing at the City Council Regular Meeting on June 17, 2014, and 2. That a communication be forwarded to the City Solicitor to determine whether a receivership proceeding would be an appropriate remedy, all in favor, 9-0.

Presented to the Mayor May 23, 2014 and ten days having elapsed without same being approved, said Order became effective without his signature on June 3, 2014.

 

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

ORDERED     Be it ordained by the City Council of the City of Woburn that pursuant to M.G.L. c.44, §53A½, that the City Council accept from the Woburn Redevelopment Authority all of its right, title and interest in the elevator situated and installed at Marlowe Park, Main Street, Woburn.

 

s/President Haggerty

 

 

Alderman Drapeau stated that taking on the cost if elevator maintenance is expensive. President Haggerty stated that the elevator was part of the Brickyard project but the longterm intent was for the city to maintain the elevator. Alderman Anderson stated that the matter should be referred to committee, that liability is an issue, and that the hours of use should be considered. Alderman DiTucci stated that the elevator was installed to allow handicapped accessibility to the upper parking lot, and that the city was to take control of the elevator. Alderman Anderson stated that according to the City Solicitor this transaction will make the city eligible for certain grants. Alderman Gately stated that the in creating the park there was an intent to install an elevator for access to the upper parking lot, and that the city has responsibility to provide handicapped accessibility.

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

Presented to the Mayor: May 23, 2014          s/Scott D. Galvin May 23, 2014

 

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

ORDERED     Be it Ordained by the City Council of the City of Woburn that Section 11, Special Permits and Variances, of the 1985 Zoning Ordinances, as amended, be further amended by revising Section 11.3 as follows (deletions in strikethrough, additions in bold):

 

11.3 Procedures for Special Permits

 

  1. The applicant shall submit a written application for a special permit with 1912 Copies to the City Clerk. The application shall also be subject to Rules and Regulations adopted by the City Council pursuant to G.L. Chapter 40A, Section 9, and incorporated herein. No application shall be accepted or considered complete that does not have any necessary variances required from the Board of Appeals. All appeal periods associated with granted variances must be expired before an application is submitted. If there is a dispute between the building commissioner and the petitioners on whether a variance is necessary this dispute must be presented to the Board of Appeals for resolution. No application with such disputed variances shall be considered complete and shall not be accepted until the Board of Appeals makes a decision.

 

  1. The City Clerk, within three (3) business days of receipt of the application, Shall distribute nine (9) copies of the application and all other required special permit submission materials to the City Council, (8) (2) copies to the Planning Board  Director and one (1) copy each to the Conservation Commission and the City Engineer for review and comment.

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING at the City Council Regular Meeting on June 17, 2014 and to refer to Committee on Ordinances, all in favor, 9-0.

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:23 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

 

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