City Council – 11/15/2011

DATE 11/15/2011
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

Below is the pasted journal for ADA Compliancy. See attachment to download the full version. 

 

CITY OF WOBURN

NOVEMBER 15, 2011 – 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.

_________________________

 

A communication dated November 3, 2011 was received from Donald N. Jensen, City Treasurer/Collector as follows:

 

Dear President Denaro:

 

I write this letter to announce my formal retirement as Treasurer/Collector effective Friday, January 6, 2012.

 

I would like to thank the Council for all the great opportunities they have given me as an employee for the City of Woburn for the past eight years and am ready to move on to the next phase of my life.

 

Please let me know if I can be of any assistance during this transition.

 

Sincerely, s/Donald N. Jensen

 

Motion made and 2nd that the communication be received and made part of the record and to suspend the rules for the purposes of hearing from Human Resources Director Jan Cox, all in favor, 9-0. Appearing was Director Jan Cox and she stated that the union contract does not have a job description included but provides for management rights to establish the duties of the position, that the salary is collectively bargained, that there are no bid rights for other members of the bargaining unit, that the Deputy

Treasurer/Collector does not have bid rights for the position, that the deputy and assistant department head position receive training and attend professional courses as determined by the department head, that the initial department head union contract mirrored the city hall workers union contract in that it does not provide for performance evaluations, that if the city wants to add performance evaluations then the unions would expect a benefit in return, that she defers to the Mayor as to whether performance evaluations should be negotiated into the contract, that a job offer would be contingent upon the candidate securing a fidelity bond, that these are not objective or subjective conditions in the job description but allow an analysis of the candidate’s ability to perform the functions of the position, that the reference to custodian of certain funds ensures the ability of the candidate to manage and reconcile the accounts, that this search process can take some time, and that she recommends the City Council act quickly. Alderman Haggerty stated that this opening in the position provides an opportunity for the city to make administrative decisions that will ensure a good operation of the office, and that this is sometimes difficult to do unless there is a change in management as is now the case. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

Executive Order

 

Whereas, the City of Woburn promotes and encourages job creation and economic development; and

 

Whereas, the traditional “Black Friday” shopping holiday provides benefits to the merchants of our community, provides additional employment opportunities for the residents of the community, and encourages our residents to patronize the many fine stores in the City of Woburn,

 

I, Now, Therefore, as the Mayor of the City of Woburn hereby issue this Executive Order that permits any retail store or restaurant located within the City of Woburn to operate and open to the public between the hours of 12:00 midnight and 6:00 a.m. on Friday, November 25, 2011 provided that the store comply with the following:

 

  1. Register the name, address, manager designated to be on duty during the hours, and an emergency contact number with the Office of the City Clerk by 12:00 noon on Wednesday, November 23, 2011;
  2. That the facility will take steps necessary to protect the public, including engaging security or police details if management in its discretion finds such action necessary or the Chief of Police or the Fire Chief of the City of Woburn order such measures; and
  3. Provide adequate lighting and security in parking areas and keep walkways and parking areas clear of debris, snow and ice for pedestrian and vehicle safety.
  4. This Executive Order shall not apply to any establishment holding a liquor license. Such facility shall operate only during the normal hours allowed by the respective liquor license.

 

Signed this 9th day of November, 2012.

 

s/Scott D. Galvin, Mayor, City of Woburn

s/Paul J. Denaro, President, Woburn City Council

 

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

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PUBLIC HEARINGS:  

On the petition by Waste Management of Massachusetts Inc. and WM Recycle America L.L.C., 26 Patriot Place, Suite 300, Foxboro, Massachusetts 02035 for a special permit pursuant to Sections 5.1.40bb, 42, 57b, 7.3 and 8.6.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the alteration of the existing non-conforming use and structure to provide for a heavy manufacturing facility (processing of residential and commercial single-stream recyclables); the storage and distribution of same; the installation of two truck scales; exception to the landscaping requirements; and to allow for the overnight storage of commercial vehicles at 485 Wildwood Avenue. PUBLIC HEARING OPENED. A communication dated October 28, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Waste Management of Massachusetts Inc. and WM Recycle America LLC – 485 Wildwood Avenue –  To allow for the alteration of the existing non-confirming use and structure to provide a heavy manufacturing facility (processing of residential and commercial single-stream recyclables); the storage and distribution of the same; the installation of two truck scales; exemption to the landscaping requirements; and to allow for the overnight storage of commercial vehicles pursuant to Sections

5.1.40bb, 5.1.42, 5.1.57b, 7.3 and 8.6.3

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on October 25, 2011, the Planning Board voted to send an unfavorable recommendation to the City Council on the Special Permit application of Waste Management of Massachusetts Inc. and WM Recycle America LLC, regarding the property at 485 Wildwood Avenue for the following reasons that the proposed use will be substantially more detrimental than the existing nonconforming use to the neighborhood because of the impacts upon the following: traffic volumes, traffic congestion related to the size of the vehicles and the capacity of the roadways,  and the impact on the abutting property regarding snow storage.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A communication dated November 4, 2011 was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Waste Management Massachusetts, Inc. and WM Recycle America L.L.C., 485 Wildwood Avenue, Woburn, MA

 

Dear Mr. Campbell:

 

Please be advised that I represent Waste Management in connection with the abovereferenced Petition. On behalf of my client, I respectfully request leave to withdraw without prejudice of the above-referenced petition which has been scheduled for a public hearing on November 15, 2011.

 

If you need any further information, please do not hesitate to contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby III

 

Motion made and 2nd that the communications be received and made part of the record, all in favor, 9-0. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor 9-0. Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor, 9-0.

 

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On the petition by 859 Main Development, LLC, 57 Russell Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 22 of the 1985 Woburn

Zoning Ordinances, as amended for a proposed 98 unit condominium development at 859

Main Street. PUBLIC HEARING OPENED. A communication dated November 10, 2011 with attachment was received from Attorney Shaun W. Briere, Mawn and Mawn, 275 Mishawum Road, Woburn, Massachusetts 01801 as follows:

 

Re: 859 Main Development LLC – Special Permit Petition – 859 Main Street, Parcel Street, Woburn

 

Dear Mr. Campbell:

 

With regard to the above referenced petition, please find enclosed herewith a revised

Traffic Impact Assessment. I have also submitted an additional copy to the Planning Director. Please feel free to contact the undersigned should you have any questions or require any additional information.

 

Very truly yours, s/Shaun W. Briere

 

A communication dated November 15, 2011 was received from Attorney Shaun W. Briere as follows:

 

Re: 859 Main Development LLC – Special Permit Petition

 

Dear Mr. Campbell and Members of the City Council:

 

The Petitioner respectfully requests a continuance of the above referenced matter scheduled for public hearing by the City Council at its meeting this evening, November 15, 2011. The Petitioner requests said continuance in order to afford the Planning Board time to complete their review of the Special Permit Petition scheduled for hearing on November 15, 2011. Therefore, the Petitioner requests a continuance to the meeting of the City Council on December 6, 2011.

 

Please feel free to contact the undersigned should you have any questions or require any additional information regarding the above. Again, I thank you for your consideration and respect in this matter.

 

Very truly yours, s/Shaun W. Briere

 

Alderman Gately stated that the Committee on Special Permits met last night on this matter, and that the Committee recommends that the public hearing be continued to December 6, 2011 pending receipt of the Planning Board recommendations. Alderman Mercer-Bruen stated that a communication should be directed to the City Engineer to request a copy of the mitigation report for the committee meeting. Alderman Gately stated that he spoke to the Planning Board Director about the necessity of having the mitigation report available for the committee meeting including hard figures. IN FAVOR:

None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

DECEMBER 6, 2011, all in favor 9-0.

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to appropriate the sum $79,150.00 from Insurance Reimbursement Accounts to Police Cruiser Outlay 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: November 17, 2011            s/Scott D. Galvin Nov. 17, 2011

 

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On the Order to appropriate the sum of $157,380.00 from Insurance Reimbursement

Account to Goodyear School Account, committee report was received “ought to pass.”

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

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

 

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On the Order to appropriate the sum of $23,000.00 from Unreserved Fund Balance Account to Veteran’s Cash Aid 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: November 17, 2011            s/Scott D. Galvin Nov. 17, 2011

 

************************* POLICE AND LICENSES:

 

On the petition for renewal of First Class Motor Vehicle Sales License by M&L Transit Systems, Inc., committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

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

 

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On the petition for renewal of Second Class Motor Vehicle Sales License by George J.

Hamilton dba George’s Auto Body; Robert Khouzami; Larade’s Collision Repair Center,

Inc.; Oliver M. McDermottroe dba McDermottroe Auto Sales; Ollies Service Center;

Velozo Enterprises, Inc. dba Rogers Radiator; Donald J. Socorelis dba Woburn Glass Co.; and Abdelaziz Ilaj dba Woburn Motors, 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: November 17, 2011            s/Scott D. Galvin Nov. 17, 2011

_________________________

 

NEW PETITIONS:

 

Petition for renewal of First Class Motor Vehicle Sales Licenses by Azure Dynamics US Inc., 9 Forbes Road. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petitions for renewal of Second Class Motor Vehicle Sales Licenses by Anchor Auto

Sales, Inc., 3 Breed Avenue; Capelo’s Garage, Inc., 22 Winn Street; Enterprise Rent-aCar Company of Boston, LLC, 248 Mishawum Road; Francis Garbino dba Tom’s Auto Body, 10R Green Street; EC Inc. dba Xpress Fuel, 303 Main Street; Robert McSheffrey dba Bob McSheffrey Auto Sales, 891 Main Street; Kenneth L. O’Connor dba City Line Motors, 30 Rear Torrice Drive; Nicolas Saba dba Montvale Service, 289 Salem Street;

and David Pollock dba Exclusive Automobiles, 7 Independence Drive. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND

LICENSES, all in favor, 9-0.

 

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Petition for renewal of Third Class Motor Vehicle Sales License by Woburn Truck and Auto, Inc., 1095R Main Street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petition by Mourad Elbaciti dba Taxi Ride, 29 Cummings Park, Suite 440 for a new Taxi Cab License for one vehicle. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petition by Northeast Tree, Inc. 60 Louanis Drive, Reading, Massachusetts 01867 for a special permit pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows:

1. Section 5.1.42 to allow for the interior storage of equipment, 2. Section 5.1.43 to allow for the outside storage of new or used building materials and equipment, 3. Section 5.1.45 to allow for the sale of chippers, and 4. Section 5.1.57b to allow for accessory parking of commercial vehicles and equipment, and for a First Class Motor Vehicles Sales Licenses, at 62 Holton Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

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

 

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A communication dated November 10, 2011 was received from the Woburn Traffic Commission as follows:

 

Re: Citywide Truck Traffic Study

 

At its regular meeting on October 18, 2011, the Traffic Commission voted to request that the city appropriate funds for the purposes of conducting a citywide truck traffic study that may lead to the establishment of truck travel routes in the city. The estimate for the cost of the study is $45,000 to $50,000, depending upon the scope of the project.

 

Thank you for your consideration of this request.

 

s/William C. Campbell, City Clerk

 

Alderman Mercer-Bruen stated hat she wants more information on what the study would generate before endorsing the request, and that she would like to see an RFP for the matter. Alderman Haggerty stated that he is a member of the Traffic Commission, that he generally does not favor traffic studies as they do not often provide any further information than the original study, that in this instance the traffic study will be valuable as it is required to better control where trucks move in the city, and that the study will include proposed truck routes. Alderman Raymond stated that this communication was generated from a matter in his ward, that tractor trailer trucks use Mountain Street for a cut through, that the roadway is only 1 ½ lanes wide and is used by children walking to the elementary school, and that he was told that a no heavy trucking restriction could not be adopted until this study was taken. Alderman DiTucci stated that there has been a no heavy trucking sign on Lake Avenue for as long as she can remember, that she asked that an additional sign be hung on the opposite end of the street, and that she was told that there was no regulation adopted permitting the original sign. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

 

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A copy of a communication dated November 9, 2011 from Joseph E. Connarton, Executive Director, PERAC, 5 Middlesex Avenue, Sutie 304, Somerville, Massachusetts 02145 was received advising that the city’s required Fiscal Year 2013 appropriation for the retirement system is $5,089,320. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS:  None.

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

From Woburn Traffic Commission:

 

ORDERED     CENTRAL STREET – No parking westerly side from the intersection with Montvale Avenue a distance of 461 feet in a northerly direction, except for school buses servicing the Goodyear School.

 

All prior ordinances and regulations contrary to this regulation are hereby repealed.

 

Alderman Mercer-Bruen stated that since the Goodyear School opened it has been noted that there is no parking for school events, that time limited parking of 5:00 a.m. to 5:00 p.m. would make more sense as it would resolve parking issues in the neighborhoods, and that the amendment would make the streets safe for school children in the mornings and allow for event parking at night. Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED with the amendment as follows: 1. To add after the words “no parking” and before the words “westerly side” the words “Monday through Friday between 6:00 a.m. and 5:00 p.m.”, all in favor, 9-0.

NOTE: On November 16, 2011 at 12:19 p.m., President Denaro filed a Notice of Intent to Move for Reconsideration at the next meeting of the City Council.

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ORDERED     ORANGE STREET – No parking northerly and then northeasterly side from the intersection with Central Street a distance of 280 feet in a westerly and then northwesterly direction between the hours of 6:00 a.m. to 8:00 a.m. and between the hours of 1:00 p.m. to 3:00 p.m.

 

All prior ordinances and regulations contrary to this regulation are hereby repealed.

 

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

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

 

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ORDERED     That the City of Woburn accepts Clause 56 of G.L. c. 59, § 5, the National Guard or Military Reservists Tax Relief Order, 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 2013.

 

s/Alderman Haggerty and Alderman Drapeau

 

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

_________________________

 

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.

_________________________

 

ORDERED     That the sum of $200,000.00 be and is hereby transferred as so stated from BLS Ambulance Receipts Acct #31359-595000 $200,000.00 to Ambulance Salaries Acct #0122051-511500 $200,000.00.

 

I hererby 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 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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ORDERED     That the sum of $316,861.97 be and is hereby appropriated – purpose: Union Salary Settlement.

 

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

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

 

s/President Denaro

 

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

_________________________

 

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

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:09 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

 

 

 

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