City Council – 11/17/2009

DATE 11/18/2009
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 17, 2009 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Denaro                       Gonsalves

                                                Drapeau                      Mercer-Bruen

                                                            Galvin – late                Raymond – absent

                                                Gately  – absent           Wall

Doherty _________________________

 

VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, all in favor, 6-0-3 (Galvin, Gately, Raymond absent).

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the amount of $18,000.00 be and is hereby appropriated: Historical Commission Acct #0165054-558800 $18,000.00 Purpose: Survey & Planning.

 

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

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

 

s/President Doherty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 6-0-3 (Galvin, Gately, Raymond absent).

 

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ORDERED     That the amount of $54,000.00 be and is hereby appropriated to Election

& Registration Budget: Election Workers Acct #0116251-512005

$48,800.00, Voting Machine Maintenance Acct #0116252-524905

$4,000.00, Office Supplies Acct #0116254-542000 $1,200.00, Total $54,000.00

 

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

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

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

 

s/President Doherty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 6-0-3 (Galvin, Gately, Raymond absent).

 

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ORDERED     That the amount of $45,000.00 be and is hereby appropriated: Insurance Claims Acct #0115157-576005 $45,000.00

 

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

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

 

s/President Doherty (per request)

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 6-0-3 (Galvin, Gately, Raymond absent).

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Alderman Galvin arrived in the Council Chamber.

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PUBLIC HEARINGS:  

On the petition by Alderman Scott Galvin concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 17-19 Franklin Street, Woburn, Massachusetts for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts 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. PUBLIC HEARING OPENED. Alderman Galvin stated that work has progressed in this matter and that he suggests the matter be continued for thirty days to allow the work to be completed. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JANUARY 5, 2010, all in favor, 7-0-2 (Gately, Raymond absent).

 

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On the petition by Alderman Michael Raymond, Alderman Darlene Mercer-Bruen and President Charles Doherty to amend the 1985 Woburn Zoning Ordinances, as amended, by establishing a new Section 24 entitled Wind Energy Facilities and changes to Section 2 Definitions as set forth in the petition [Note: A full recitation of the proposed zoning amendment can be found in the Journal for the City Council Regular Meeting of September 15, 2009 at Page 511. PUBLIC HEARING OPENED. A communication dated November 5, 2009 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Alderman Michael Raymond, Alderman Darlene Mercer-Bruen and City Council

President Charles Doherty – Zone Change – New Section entitled Wind Energy Facilities and changes to Section 2 Definitions

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on October 27, 2009, the Board voted to forward a favorable recommendation to the City Council regarding Zoning amendments that add a new section entitled Wind Energy Facilities and amend Section 2 Definitions as modified by the enclosed document. The modifications prohibit these facilities in R-1, R-2, R-3, R4, S-1, and O-S zones and the Planning Board has referred the use of wind energy facilities in these zones to the ZORC committee for further study.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A report was received from the Committee on Ordinances as follows: “ought to pass.” Alderman Mercer-Bruen stated that residential areas have been excluded for now from this ordinance and that residential locations will require additional review. Alderman Gonsalves stated that the city should look at the possibility of such a use in open space areas where the city can generate energy for municipal uses.  IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 7-0-2

(Gately, Raymond absent). Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED, with the amendment as follows: 1. That the recommendations of the Planning Board be adopted, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 24, 2009

 

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On the petition by President Doherty to further amend the 1985 Woburn Zoning

Ordinances, as amended, by adding to Section 23.5.4 Hours of Operation the following: “Section 5.4 Hours of Operation – Except by the grant of a special permit by the City Council, the hours of operation for supermarkets, retail uses, fast food restaurants and gasoline service stations shall be from 5:00 a.m. to midnight.” PUBLIC HEARING OPENED. President Doherty stated that this section of the ordinance was left to be determined, that this proposal adds more detail to the ordinance, and that the matter can be referred to committee while awaiting the Planning Board recommendation. Alderman Mercer-Bruen stated that the Planning Board voted to approve the ordinance with a minor modification. IN FAVOR: Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn stated that he represents National Development and that they are in favor of the proposed ordinance. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the proposed ordinance. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON DECEMBER 1, 2009 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 9-0.

 

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On the petition by President Charles Doherty to further amend the 1985 Woburn Zoning

Ordinances, as amended, by deleting in Section 23.2.2.1 the dashes between the words “CWCOD dated” and “and as may be amended” and inserting in its place the effective date of this ordinance and to amend the Woburn Zoning Map by establishing the Commerce Way Corridor Overlay District generally bordered by the Wilmington Town Line to the north; Route 93, Dragon Court, and Commerce Way to the east; Mishawum Road to the south; and the MBTA commuter rail tracks and Newberg Avenue to the west.  PUBLIC HEARING OPENED. President Doherty stated that this proposed ordinance establishes the zoning map for the Commerce Way Corridor Overlay District, and that the matter can be reviewed in committee. 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 1, 2009 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 9-

0.

 

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Motion made and 2nd to suspend the rules for the purposes of taking the following matter out of order, all in favor, 7-0-2 (Gately, Raymond absent).

 

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UNFINISHED BUSINESS OF PRECEDING MEETING:  

 

On the Order to transfer the care, custody and control to the Woburn Recreation Commission of the land commonly known as the Clapp School and surrounding fields on October 21, 2009 at 2:41 p.m. Alderman Denaro filed a notice of intention to move for reconsideration at the next regular or special meeting of the City Council of his vote taken on October 20, 2009 approving the Order. Motion made and 2nd that reconsideration be granted, all in favor, 7-0-2 (Gately, Raymond absent). A communication dated November 9, 2009 was received from Mayor Thomas L. McLaughlin as follows:

 

Re: Special Act Concerning Clapp School Property

 

Dear President Doherty and Distinguished Members of the City Council:

 

I would like to express my full support for the revised language of the Special Act for the Clapp School and surrounding fields that is before you for Reconsideration.

 

This Act will serve to protect this valuable piece of land, preserve open space and fulfill our commitment to the Clapp School neighborhood.

 

I would also like to thank the Council for your previous actions and votes to protect and preserve the Clapp School site.

 

Sincerely, s/Thomas L. McLaughlin

 

Motion made and 2nd that the communication be received and placed on file, all in favor, 7-0-2 (Gately, Raymond absent). Alderman Denaro offered a revised form of Order as follows:

 

ORDERED     An Act Relative to Use of a Parcel of Land in the City of Woburn for

Recreational Purposes

 

Section 1.  Notwithstanding the provisions of section 15A of chapter 40 of the general laws, or of any other general or special law to the contrary, the land commonly known as the Clapp School and surrounding fields, acquired by the City on or about 1909, located at the intersection of Hudson Street and Arlington Road in the City of Woburn, Massachusetts shown as Assessors Map 59, Block 26, Lot 20, containing 2.92 acres more or less, and shown on a plan entitled, “Use and Limitation Plan” dated September 2, 2009, and prepared by Leblank Survey Associates, Inc. and on file with the City Clerk, currently used for recreational and educational purposes, shall hereinafter be under the care, custody and control of the Woburn Recreation Commission, to be used solely for active or passive recreational use including, but not limited to, community gardens, trails, and noncommercial youth and adult sports, park, playground or athletic field purposes, provided, however, that recreational use of such land shall not include horse or dog racing or the use of land for a stadium, gymnasium or similar structure.  Provided, however, that notwithstanding the provisions of the preceding sentence, the portion of land shown on the above-referenced plan as designated for educational purposes shall continue to be under the care, custody and control of the City of Woburn school committee and shall be used for educational purposes only until such time as the newly constructed Goodyear School is completed and all students receiving educational services at the Clapp School have been reassigned to alternative sites within the Woburn school district, at which time said school committee shall vote to determine whether such property is needed for educational purposes and to authorize a transfer of the care, custody and control of such property to the Woburn Recreation Commission, at which time, that portion of the land shall then be used only for active or passive recreational use as described herein.  No other use or uses of said land, or transfer of such land from one board, committee, or officer to another, except as specifically authorized herein, shall be permitted except upon the approval of a 2/3 vote of both houses of the General Court.

 

Section 2.  This act shall take effect upon passage.

 

Motion made and 2nd that the revised Order be received and made part of the record, all in favor, 7-0-2 (Gately, Raymond absent). Alderman Denaro stated that in order to be designated Article 97 land it must be so designated at the time of acquisition, that the impression of the Order adopted by the City Council at the Regular Meeting of October 20, 2009 was that the land was being designated as Article 97 land, that the language of the Order has been revised, that the City Council is allowing authorization to close the school but the matter must be left to the School Committee to take a vote later to close the school, that the fields are Article 97 land and remain that way, that the land upon which the school sits had to be designated Article 97 land at the time of acquisition or it could not become Article 97 land at a later date. Motion made and 2nd to suspend the rules for the purposes of hearing from the public on the matter, all in favor, 7-0-2 (Gately, Raymond absent). Rob Salzer, 4 Pierce Street stated that he understands that the field is designated Article 97 land but the land where the school building sits is not Article 97 land, and that he wants assurances that placing the portables on the field did not harm the land’s Article 97 status. Alderman Denaro stated that Flemming Field is Article 97 land and that does not change at all. President Doherty stated that once the new Goodyear School project is completed the portables and the pylons will be removed and the field restored. Rosa DiTucci, 82 Arlington Road stated that the purpose of the legislation is to extend Article 97-like protection to the front portion of the land where the school building sits, and that the protection will be the same as that over the Flemming Field portion. Anna O’Hearn, 16 lakeview Terrace stated that she resides at the corner of Lake Avenue and Judson Street, that she was told that the school would be at the locus for two years, that other schools in the city are in need of work, that she wants to know if the school building may be used for four of six years into the future, that it is difficult parking in her driveway, and that she cannot park in the street. President Doherty stated that the commitment is to use the existing school building at the site for two years. Kathy Pattison, 11 Lakeview Terrace stated that she is having difficulty parking hear her house, that vehicles are parking all day long in the neighborhood and it is difficult to get to her house, that she does not want to see condominiums built on the site, and that she is not overly concerned with the school building remaining on the locus as it could be used for recreation. Motion made and 2nd to return to the regular order of business, all in favor, 70-2 (Gately, Raymond absent). Motion made and 2nd that the REVISED ORDER be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 24, 2009

 

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Motion made and 2nd to return to the regular order of business, all in favor, 7-0-2 (Gately, Raymond absent).

 

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On the petition by Lowe’s Companies, Inc., 15 Commerce Way, Woburn, Massachusetts 01801 for a special permit seeking an extension of the Landowner’s Decision and Notice of Special Permits both dated September 4, 2008 allowing, in part, the storage of trailers

for the collection of used appliances and pallets pursuant to Section 5.1, 57(a), Note 17 of the 1985 Woburn Zoning Ordinances, as amended, at 15 Commerce Way. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner has two storage trailers on the locus that are used for the storage of used appliances and pallets, and that the Planning Board voted to send a favorable recommendation to the City Council including compliance with Note 17 of Section 5.1 of the 1985 Woburn Zoning Ordinances, as amended and compliance with all conditions of the existing special permit. Alderman Mercer-Bruen stated that she is in favor of the petition provided that the Planning Board recommendations are adopted. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that the petitioner is a good company, that they employ Woburn residents, that they pay a lot of taxes to the city, and that the petitioner will be remodeling inside the building and making improvements outside the building. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 7-0-2 (Gately, Raymond absent). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the amendments as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, all in favor, 7-0-2 (Gately, Raymond absent).

 

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On the petition by Nextel Communications of the Mid-Atlantic Inc., c/o Clear Wireless, LLC, 960 Turnpike Street, Suite 28, Canton, Massachusetts 02021 for a special permit pursuant to Section 5.6 of the 1985 Woburn Zoning Ordinances, as amended, to allow a wireless communications link on the NSTAR Electric Company utility structure at 168 Rear Lexington Street. PUBLIC HEARING OPENED. A copy of a communication dated November 16, 2009 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 168R Lexington Street – Wireless Communications Special Permit – Special Permit Application Dated September 11, 2009

 

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

 

The applicant is seeking permission to install a wireless antenna on an existing NSTAR pole at the above reference location.

 

This office takes no exception to the special permit application as submitted and if you or the board have any questions concerning this information, do not hesitate to contact this office.

 

Appearing for the petitioner was Andrew Thompson, Centerline Communications LLC, 960 Turnpike Street, Suite 28, Canton, Massachusetts 02021 appeared for the petitioner and stated that the petitioner is a broadband internet provider, that they will be launching a 4G network, that the petitioner will install three panel antennas, that one additional equipment cabinet will be located inside and existing shelter at the locus, that the pole is a T-pole with two vertical poles coming up, that the petitioner has entered into an agreement with NSTAR to lease the location, that service calls will be conducted Monday through Friday from 9:00 a.m. to 5:00 p.m. except during an emergency, that a van or pick-up truck will access the site one or two times per month, that no coverage currently exists in the city of Woburn for the petitioner’s service, that the petitioner will likely be before the city in the future for additional locations, that the petitioner is launching this new service in Boston and surrounding communities, that NSTAR is the underlying landowner of the property, and that the Planning Board provided a favorable recommendation with two conditions. Alderman Drapeau stated that the petitioner should be required to make a contribution to the wireless study fund, that Metro PCS was recently asked to make this contribution, and that the City Council should be consistent with the petitioners.. Alderman Gonsalves stated that if the petitioner will be looking for additional sites in the city then they should be required to make a $5,000.00 contribution to the wireless study fund, and that the City Engineer should be asked to determine the status of completing the wireless study to determine wireless coverage throughout the city. President Doherty stated that the wireless study fund will allow the city to make a comprehensive analysis of suitable wireless coverage locations in the city. Alderman Denaro stated that the issue of a contribution may not be known by the petitioner, and that this matter should be sent to committee to allow the petitioner to review the request. Mr. Thompson stated that he requests time to review the issue of the wireless study contribution with his client. Motion made and 2nd that the public hearing be closed, all in favor, 7-0-2 (Gately, Raymond absent). Motion made and 2nd that the MATTER be REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor, 7-0-2 (Gately, Raymond absent).

 

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On the petition by Anthony K. Paone, Trustee of Harrison Avenue Realty Trust, 141

Sylvester Avenue, Winchester, Massachusetts 01890 for a special permit pursuant to

Section 15 of the 1985 Woburn Zoning Ordinances, as amended, Groundwater Protection District to accommodate the filling and parking of motor vehicle use authorized by a special permit issued on October 9, 2009 at 7 Harrison Avenue. PUBLIC HEARING OPENED. A copy of a communication dated November 16, 2009 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 7 Harrison Avenue – Groundwater Protection District Special Permit – Previous Memo Dated September 8, 2009 – Previous Memo Dated June 8, 2009 – Previous Memo Dated August 4, 2009 – Special Permit Application Dated May

4, 2009 – Plot Plan Dated November 6, 2008 – Proposed Grading Plan Dated

August 8, 2008 – Proposed Parking Lot Plan Dated June 22, 2009 – Revised

Parking Lot Plan Dated July 14 , 2009 – Memo from Applicants Attorney Dated

September 4, 2009 – Stormwater Management Compliance Memo Dated September 24, 2009

 

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

 

The applicant’s engineer has submitted a letter outlining the stormwater management compliance and operation and maintenance requirements for the above noted location.

 

The applicant should show the existing property lines pursuant to our previous memo dated September 8, 2009.

 

The plan shows a leaching basin and a porous pavement surface which will mitigation site runoff. However the drainage design should be modified to include a catch basin with a grease hood connecting to the infiltration manhole. The proposed catch basis and grease hood will minimize contaminants from being infiltrated into the soils and provide an access for routine maintenance.

 

This office will complete its review when the above mentioned items are submitted.

 

If you or the board have any questions concerning this information, do not hesitate to contact this office.

 

Appearing for the petitioner was Attorney John McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the matter was previously reviewed by the City Council for filling the lot and using the lot for parking, that it was determined that the parcel is located in the Groundwater Protection District, that the plan has been revised to comply with the requirements of the Groundwater Protection District, that the City Engineer recommended a catch basin with a grease hood connecting to the infiltration manhole, that the Planning Board gave a favorable recommendation with a requirement that the petitioner comply with the recommendations of the City Engineer, and that the petitioner’s engineer provided a letter to the City Engineer indicating that the petition complied with the stormwater management requirements. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 7-

0-2 (Gately, Raymond absent). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the amendments as follows: 1. That the conditions of the Special Permit issued on October 9, 2009 be adopted as conditions of this special permit, 2. That the recommendations of the Planning Board be adopted as conditions of the special permit, and 3. That the petitioner comply with the recommendations of the City Engineer, all in favor, 7-0-2 (Gately, Raymond absent).

 

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On the petition by Michael H. Riccardi dba Mike’s Auto Body, 17 North Maple Street,

Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.44 of the 1985

Woburn Zoning Ordinances, as amended, to operate an auto body repair shop at 219 New

Boston Street. PUBLIC HEARING OPENED. A copy of a communication dated November 16, 2009 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 219 New Boston Street – Auto Body Repair Special Permit – Special Permit Application Dated October 19, 2009

 

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

 

The applicant is seeking permission to operate an auto body repair shop at the above referenced address. The proposed location will occupy a portion of the existing building. The applicant should check with the plumbing inspector to verify that the facility has the appropriate grease trap[s and or drainage for the intended use.

 

This office takes no exception to the special permit application as submitted. If you or the board have any questions concerning this information, do not hesitate to contact this office.

 

Appearing for the petitioner was Attorney John McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the property is an industrial building, that the site backs up to railroad tracks, that the petitioner opened his auto body business at 104 Winn Street in 1987 and late moved to 17 North Maple Street, that there petitioner has been operating at that location, that the petitioner has three employees as well as himself and an office manager, that the petitioner has outgrown the space on North Maple Street, that the petitioner needs more space to comply with insurance and regulatory bonding requirements, that the petitioner purchased a new paint booth system, that the locus will have a fire suppression system, that there will be no outside overnight parking, that there is sufficient room to store vehicles inside the building, the petitioner does not operate a tow truck, that vehicles may be towed to the site by an outside tow contractor on occasion, that there will be no car washing on site, that the petitioner uses a Scrub-A-Dub facility for car washing, and that the Planning Board gave a favorable recommendation with four conditions. Motion made and 2nd that the document entitled “Comments for the November 17, 2009 Planning Board Meeting” be accepted and made part of the record, all in favor, 7-0-2 (Gatelty, Raymond absent).  IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 70-2 (Gately, Raymond absent). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the amendments as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, and 2. That the Special Permit shall be for Michael H. Riccardi dba Mike’s Auto Body only and shall not be transferable, all in favor, 7-0-2 (Gately, Raymond absent). _________________________

 

CITIZEN’S PARTICIPATION: 

 

Petition by Francis P. Dawson, Jr., 2 Kimball Road, Woburn for citizen’s participation time to discuss issues interactions between his family and the Mayor and Woburn Police Department. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON, all in favor, 7-0-2 (Gately, Raymond absent).

 

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Petition by Sal’s Pizza, 299 Washington Street for citizen’s participation time to provide a status report of the Sal’s Pizza project. Alderman Mercer-Bruen stated that the petitioner wants to update the City Council on the matter and that this could be reviewed in Committee on Special Permits Review. Motion made and 2nd that MATTER be REFERRED TO COMMITTEE ON SPECIAL PERMITS REVIEW, all in favor, 7-0-2 (Gately, Raymond absent).

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COMMITTEE REPORTS:

 

POLICE AND LICENSES:

 

On the petitions for renewal of First Class Motor Vehicle Sales Licenses by C.N. Wood Company, Inc., Lannan Chevrolet-Olds, Inc., Woburn Foreign Motors, Inc., and Woodco Machinery, Inc., committee report was received “approve”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 24, 2009

 

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On the petitions for renewal of Second Class Motor Vehicle Sales Licenses by Jeffrey

Pollock dba Exclusive Automobiles, J.C Auto Sales, Velozo Enterprises, Inc. dba Rogers

Radiator, David Dellarocco dba Woburn Auto Sales, and Donald J. Socorellis dba

Woburn Glass Company, committee report was received “approve”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 24, 2009

 

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On the petition for renewal of Second Class Motor Vehicle Sales License by Capelo’s Auto Service, Inc., committee report was received “approve with the additional condition that the license is specifically limited to the 22 Winn Street location.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 24, 2009

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NEW PETITIONS:

 

Petition by 3M Taxi, Inc., 165U New Boston Street, Suite #275, Woburn, Massachusetts

01801 to change the name of the holder of a Taxi Cab License from 3M Taxi, Inc. to

Bombay Taxi, Inc. Motion made and 2nd that the NAME CHANGE OF THE LICENSEHOLDER be APPROVED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 25, 2009

 

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Petitions for renewal of First Class Motor Vehicle Sales Licenses by Lawless Chrysler

Jeep, Inc., 196 Lexington Street; M&L Transit Systems, Inc., 60 Olympia Avenue; and

R.C. Olsen Cadillac, Inc., 199-201 Cambridge Road. Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 7-0-2 (Gately, Raymond absent).

 

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Petitions for renewal of Second Class Motor Vehicle Sales Licenses by Anchor Body Corp., 3 Breed Avenue; Robert McSheffrey dba Bob McSheffrey Auto Sales, 891 Main Street; Enterprise Rent-A-Car Company of Boston, Inc., 248 Mishawum Road; George J.

Hamilton dba George’s Auto Body, 19 Jefferson Avenue, Unit C; Joseph P. Mahoney

Co., Inc., 293 Salem Street; Larade’s Collision Repair Center, Inc., 20 High Street;

McDermottroe Auto, 229 Lexington Street; McSheffrey Auto Sales, Inc., 878-880 Main

Street; Nicolas Saba dba Montvale Service, 289 Salem Street; Ollies Service Center, 310 Main Street; and Southside Associates, Inc. dba Burke’s Garage, 71 Main Street. Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 7-0-2 (Gately, Raymond absent).

 

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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, 7-0-2 (Gately, Raymond absent).

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COMMUNICATIONS AND REPORTS:

 

A communication dated November 3, 2009 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the October meeting of the Council on Aging and the Director’s report for the month of October.

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 7-0-2 (Gately, Raymond absent).

 

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A communication dated November 16, 2009 was received from Sarah A. Stanton, Purchasing Director as follows:

 

Re; Horn Pond Water Treatment Plant Upgrade

 

Dear President Doherty and Council Members:

 

This letter is to inform you that the City has awarded the Horn Pond Water Treatment Plan Upgrade contract to the firm of R.H. White Construction, in accordance with their bid of $8,494,775. All contract documents have been executed and the work is scheduled to begin.

 

This firm has been given a notice to proceed, effective November 4th, 2009 with work commencing on November 24th, 2009. The duration of the contract will be five hundred and fifty (550) days with a completion date of Saturday, May 28, 2011.

 

Please do not hesitate to contact me if you have any questions or concerns.

 

Best, s/Sarah A. Stanton, Purchasing Director

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 7-0-2 (Gately, Raymond absent).

 

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A communication dated November 6, 2009 was received from Attorney Brian W. Riley, Kopelman and Paige, P.C. relative to conflict of interest – changes to mandatory education requirements. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 7-0-2 (Gately, Raymond absent).

 

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A communication dated October 6, 2009 was received from Lauren F. Goldberg,

Kopelman and Paige, P.C. relative to retention of electronic mail. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 7-0-2 (Gately, Raymond absent).

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APPOINTMENTS AND ELECTIONS:  None.

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

Motion made and 2nd to take the next two matters collectively and to suspend Rule 29, all in favor, 7-0-2 (Gately, Raymond absent).

 

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ORDERED     Millyan Road – Stop sign on Millyan Road in a southerly direction at the intersection with Lowell Street.

 

From the Traffic Commission

 

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: November 23, 2009         Returned Unsigned Dec. 1, 2009

 

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ORDERED     Ellen Road – Stop sign on Ellen Road in a southerly direction at the intersection with Millyan Road.

 

From the Traffic Commission

 

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: November 23, 2009         Returned Unsigned Dec. 1, 2009

 

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

Motion made and 2nd to restore Rule 29, all in favor, 7-0-2 (Gately, Raymond absent).

 

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ORDERED     That pursuant to the 1989 Woburn Municipal Code, as amended, Title 3,

Article I, Section 3-6 the City Clerk is hereby authorized to dispose of a Dell personal computer system with service tag number 7FQBH11 together with the accessories for same which the City Clerk has determined is of no value to the department and which no other department has expressed an interest in obtaining.

s/President Doherty

 

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 24, 2009

 

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RESOLVED That His Honor the Mayor appropriate the funds necessary to complete the design phase for construction of the New Boston Street bridge.

 

s/Alderman Denaro, Alderman Raymond

and Alderman Mercer-Bruen

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: November 23, 2009         Returned Unsigned Dec. 1, 2009

 

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

RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to investigate the feasibility on continuing the installation of a sidewalk from 12 Stonewall Drive.

 

s/Alderman Drapeau

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 24, 2009                                                                  with the notation “subject to funding”

_________________________

 

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, 7-0-2 (Gately, Raymond absent).

_________________________

 

A communication dated November 17, 2009 was received from Sarah A. Stanton, Purchasing Director as follows:

 

Re: Woburn Clean Energy Committee

 

Dear President Charles Doherty and Council members:

 

This letter is to inform you that the Woburn Clean Energy Committee has decided to move in the direction of an energy audit for all city-owned buildings. The committee has initially composed a request for qualifications for an energy service contractor or ESCO. After extensive review of proposals and interviews with a potential firm, it was decided that an energy audit would be more fiscally conservative than committing to a multi-year contract with an energy contractor. With an in depth energy audit in hand, the city can use it as a punch list to achieve energy and cost savings at is desired pace utilizing in house resources as much as possible.

 

The committee has drafted new specifications and is seeking to enlist a firm to accomplish a full commercial and industrial energy audit for the city. The committee anticipates that the audit will be complete within six months of signing a contract and results will be reviewed at that time by the city. A copy of the specifications will be advertised and set for a release date of November 23rd with the bid closing on December 15th. A copy of the specifications will be in my office and I would be happy to forward electronic copies to any alderman who is interested.

 

Please do not hesitate to contact me if you have any questions or concerns.

 

Best, s/Sarah A. Stanton, Purchasing Director

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 7-0-2 (Gately, Raymond absent).

_________________________

 

A copy of a communication dated November 16, 2009 with attachments from John X. Crowley, Superintendent of Schools, Northeast Metropolitan Regional Vocational School District to Mayor Thomas L. McLaughlin was received as follows:

 

Dear Mayor McLaughlin:

 

At its regularly scheduled meeting on November 12, 2009, the Northeast Metropolitan

Regional Vocational School Committee voted to revise its previously adopted budget of

October 8, 2009. The revised FY 2010 Operating Budget was prepared in collaboration with the Department of Elementary and Secondary Education and totals D.E.S.E.’s recommendation of $19,074,606.

 

Pursuant to M.G.L. Ch. 71, §16B, the twelve cities and towns in our regional district have a 45-day election period in which to vote to accept or reject the calculated assessments for their municipalities. The forty-five day election period commenced on Friday, November 13, 2009, and will conclude on Monday, December 28, 2009.

 

Enclosed with this correspondence is a copy of the budget. The assessments for the cities and towns have been re-calculated and are posted on pages 13 and 14. Also enclosed is a letter from Associate Commissioner Jeff Wulfson, dated November 9, 2009, If you have any questions pertaining to the School Committee’s revised budget, please do not hesitate to contact me.

 

Thank you for your support of Northeast Metropolitan Regional Vocational School.

 

With Best Regards, s/John X. Crowley, Superintendent of Schools

 

Motion made and 2nd that the MATTER be RECEIVED, all in favor, 7-0-2 (Gately, Raymond absent). President Doherty stated that the number has been slightly reduced, and that there are more cuts anticipated in regional aid. Motion made and 2nd that a communication be forwarded to His Honor the Mayor asking that he send an appropriate request to the City Council for consideration in response to the letter received from the Northeast Metropolitan Regional Vocational School District, all in favor, 7-0-2 (Gately, Raymond absent).

_________________________

 

RESOLVED That the City Engineer make a determination as to whether there is a sufficient balance within the “wireless study” fund to commission a study of potential sites (both on commercial and municipal property) for the siting of wireless facilities, and if so, to prepare a Request for Proposals (RFP) for this study.

 

s/Alderman Gonsalves

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 7-0-2 (Gately, Raymond absent).

Presented to the Mayor: Nov. 23, 2009       s/Thomas L. McLaughlin Nov. 24, 2009

_________________________

 

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 8:34 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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