City Council – 09/20/2011

DATE 09/20/2011
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

SEPTEMBER 20, 2011 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

 

The City Council observed a moment of silence in memory of former City Council

President and current City Solicitor John D. McElhiney who passed away recently. The City Council recognized his valuable contributions to the community and his status as historian of the city.

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     Supplemental Budget: That the sum of $340,275.00 be and is hereby appropriated as so stated: MWRA Sewer User Charge Acct #64152523002 $340,275.00.

 

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.

_________________________

 

PUBLIC HEARINGS:  

On the petition by National Grid for a grant of right in a way to install approximately 120 feet of four (4) inch PL gas main and approximately fifty (50) feet of 1¼ inch PL gas service to serve 4 Fryeberg Road. PUBLIC HEARING OPENED. A report was received from the Committee on Municipal Lands as follows: “ought to pass with the condition that the main will be constructed on the south side of Fryeburg Road and that National

Grid will investigate extending the service farther on Fryeburg Road.” The recommendation received from Superintendent of Public Works John Duran was as follows: “1. Remove and replace existing 2 inch steel with proposed 4 inch plastic gas main, 2. Restore roadway to original condition or as approved by Superintendent of Public Works, 3. Service from street to house shall be 1 ¼ PL gas service.” Appearing for the petitioner was Lien Gauthier, Construction Supervisor for National Grid and she stated that the petitioner will extend the gas service to 6 Fryeburg Road and contact abutter Mr. Cain about obtaining gas service to his residence. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 90. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS

AMENDED with the conditions as follows: 1. That the recommendations of the Committee on Municipal Lands and the Superintendent of Public Works be adopted as conditions of the grant of right in a way, all in favor 9-0.

Presented to the Mayor: September 23, 2011        s/Scott D. Galvin Sept. 23, 2011

 

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On the petition by National Grid for a grant of right in a way to install approximately 100 feet of 2 inch PL gas main and approximately 50 feet of 1 inch PL gas service to serve 3 Patriot Circle. PUBLIC HEARING OPENED. A recommendation was received from

Superintendent of Public Works John Duran was as follows: “Superintendent of Public Works recommends that the installation of the main be allowed under the condition that the existing abandoned main be removed and the new main be installed in the same trench. Existing utilities must not be disturbed or the gas main installed in the same trench. Pavement restoration must be completed to City of Woburn Department of Public

Works standards and specifications as accepted by Superintendent of Public Works.”

Attached thereto was a map of the project with amendments recommended by

Superintendent of Public Works. Appearing for the petitioner was Lien Gauthier, Construction Supervisor for National Grid and she stated that the proposal will provide gas service to 3 Patriot Circle, that there is an abandoned four inch bare steel main that was abandoned in place, that the bare steel indicates that the main was probably installed in the 1950s, that the petitioner typically does a horizontal directional drill or low dig drill when there is at least 1,000 feet of service or the petitioner can go onto private property without disturbing other utilities, and that it is not economically feasible for a shorter length to use this method as it involved more digging for the petitioner. Alderman Drapeau stated that the recommendations of the Superintendent of Public Works gives good control over the project. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the grant of right in a way, all in favor 9-0.

Presented to the Mayor: September 23, 2011        s/Scott D. Galvin Sept. 23, 2011

 

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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 September 16,

2011 was received from Attorney Shaun W. Briere, Mawn and Mawn, P.C., 275 Mishawum Road, 4th Floor, Woburn, Massachusetts 01801 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 upcoming meeting on September 20, 2011. The Petitioner requests said continuance in order to afford the Planning Board time to complete their review of the Special Permit scheduled for hearing on September 27, 2011. Therefore, the Petitioner requests a continuance to the meeting of the City Council on October 4, 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

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 4, 2011 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 Ava Donuts LLC, 293 Cambridge Road, Woburn, Massachusetts 01801 for a special permit to modify a special permit issued December 9, 2004, as modified by a special permit issued June 20, 2005, as modified by a special permit issued on August 10, 2006, pursuant to Sections 5.1.23, 5.1.29, 5.1.63a, 5.1.69, 7.3, 8.2.5, 8.6.3, 11, 13.5 and 15 of the 1985 Woburn Zoning Ordinances, as amended, to allow for modifications to the approved site plan as modified to include modifications to the existing landscaping, portions of the parking areas, alteration of the existing nonconforming pylon sign, a Drive-up Customer Service Facility, and to allow for 666 parking spaces, at 350 Cambridge Road. PUBLIC HEARING OPENED. A

communication dated September 19, 2011 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Ava Donuts, LLC and Horn Pond Plaza, LLC, Woburn, MA

 

Dear Mr. Campbell:

 

Due to the fact that the Planning Board will not complete its review of the above petition until its meeting on September 27, 2011, I respectfully request that the public hearing on this matter be continued to October 4, 2011.

 

If you need any further information, please contact me. Thank you.

 

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

 

A communication dated September 6, 2011 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 376 Cambridge Road – Dunkin Donuts Drive-Thru Special Permit – Special Permit Application dated August 8, 2011 – Traffic Report dated July 22, 2011

 

The applicant is seeking permission to allow for a drive-up window at the above location. The submitted special permit outlines the requested parking reduction as well as the traffic assessment.

 

Upon review of the special permit application and submitted plans this office finds that there is no site utility work being proposed and the changes is to the parking space configuration and drive-thru lanes associated with the drive-up window.

 

The traffic reports outlines the increase in vehicle trips that will be generated with the proposed drive-thru.

 

After reviewing the submitted data, this office takes no exception to the special permit application or the traffic assessment as submitted.

 

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

 

The Planning Board continued their review of the special permit petition to their meeting on September 27, 2011. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 4, 2011 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 McDonald’s USA, LLC, c/o Bohler Engineering, 352 Turnpike Road,

Southborough, Massachusetts 01772 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to construct a dining room addition at the front and vestibule additions on the side of the existing McDonald’s restaurant, including renovations to the building interior and exterior façade, at 333 Montvale Avenue. PUBLIC HEARING OPENED. A copy of a communication dated September 6, 2011 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 333 Montvale Avenue – Alteration of an Existing Fast Food Restaurant Special Permit – Special Permit Application Dated August 5, 2011

 

The applicant is seeking permission to construct a dining room addition at the front of the building and vestibule additions on the side along the interior and exterior façade renovations. The work that is being proposed falls within the jurisdiction of the conservation commission and will need their approval.

 

Upon review of the special permit application and plans, there are no utility work being proposed and work is limited to the exterior façade and interior renovations.

 

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.

 

The Planning Board continued their review of the special permit petition to their meeting on September 27, 2011. Appearing for the petitioner was Jim Giarusso of McDonald’s USA, LLC and he stated that the petition met once with the Planning Board, that there were no objections at the Planning Board meeting but a recommendation was withheld because the matter was pending before the Conservation Commission, that a peer review as completed, that the petitioner will meet again with the Conservation Commission next week and then the Planning Board, that this is a national program to upgrade the exterior of the petitioner’s facilities, that the proposal will make the entire facility compliant with the Americans with Disabilities Act, that there will be a slightly larger front dining room, that the dining room will extend to the current exterior wall, that the drive-thru, vehicle circulation and parking will not be changed, that the petitioner is working on a drainage plan at the point of discharge, that the façade will be flat rather than have a pitched roof, that the front will be constructed of stone, that the yellow and red paint will be replaced with a neutral khaki paint color, that they are before the Conservation Commission because some of the parking spaces are in the flood plain, that there will be approximately twenty additional seats but this will still be less seats than when the building was originally constructed, that approximately twenty-four seats were lost over the last ten years during remodeling projects, that the reference to a curb change on Montvale Avenue does not refer to new work but is an indicating that the curb material in place is of a different material according to the survey, that the remodeling project has to be completed by the end of the year, that the petitioner will receive funding from McDonald’s corporate if the project is completed by the end of the year, and that they are coming to the end of the construction season. Alderman Mercer-Bruen stated that she is looking forward to the changes and updating the facility however she wants to be aware of the impact on parking and traffic, and that she would like to move forward with the proposal but does not want to see changes to the parking or vehicle circulation, and that the matter can be continued to the October 4, 2011 Regular Meeting but if the other board recommendations are not available by that time then it may have to be continued further. Alderman Gately stated that the project is dependent upon the action of the Conservation Commission, and that he does not want to have the petitioner come back several times if it is a matter of waiting to hear from other boards. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 4, 2011 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 James W. Dean for Dollar Tree Stores, 4 Railroad Avenue, Suite 301,

Wakefield, Massachusetts 01880 for a special permit pursuant to Sections 7.3 and  8.7.2.10 of the 1985 Woburn Zoning Ordinances, as amended, to extend a pre-existing non-conforming structure by replacing two existing loading docks with a single loading dock at 425 Washington Street. PUBLIC HEARING OPENED. A communication dated September 19, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Dollar Tree Stores – 425 Washington Street – To allow for the alteration of a preexisting non-conforming structure by demolishing two existing loading docks and replacing them with a single loading dock pursuant to Sections 7.3 and 8.7.2 (10)

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on September 6, 2011, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Dollar Tree Stores, regarding the property at 425 Washington Street subject to the following condition:

 

1. That a landscaping plan shall be provided and approved by the Planning Board for the area to the rear of the property between the building and the southeast property line for the purpose of providing screening to the abutting residential properties.

 

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 September 6, 2011 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 425 Washington Street Special Permit – Special Permit Application dated August 8, 2011

 

The applicant is seeking permission to demolish two loading docks and replace it with a single loading dock at the above referenced location.

 

Upon review of the special permit, this office takes no exception to the application as submitted.

 

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

 

A plan entitled “Landscape Plan” prepared by RRMM Architects, PC dated 9/15/2011 was received. Appearing for the petitioner was Jim Dean, Dean Associates Architects, Inc., 4 Railroad Avenue, Wakefield, Massachusetts and he stated that he is the inspecting architect for RRMM Architects, that there is a common loading dock at the building used by all tenants, that there are two loading docks adjacent to their unit that will be replaced with a better functioning dock that will be more visually appealing, that there is an existing six foot picket fence, that the petitioner has been asked to add a row of arborvitae, that the petitioner will add a visual screen in that area of the locus, that this change will increase the visual appeal of the side of the building, that this proposal will move trucks and traffic away from the residential abutters, that the proposal will relieve congestion in the area, that the dumpster is located closer to the front of the building, that the dumpster is not currently enclosed, that issues with off hours construction can be addressed, that work began at the site approximately seven days ago, that the two large dumpsters at the site are for the demolition phase of the project, that if the dock changes are not approved the project will continue with the current shared dock, that this proposal will allow trucks to maneuver easier, and that the store will be located in the building whether the change is granted or not. Alderman Mercer-Bruen stated that she has hear concerns from the neighbors, that the dumpsters are too close to the neighborhood and are not screened, that there has been work at the site as early as 6:00 a.m., that the traffic pattern for truck traffic needs to be addressed, that the dumpster has been emptied at all hours of the morning even before this project commenced, and that she would like to meet with the petitioner and the neighbors at the property to learn how the project will work. IN FAVOR: None. OPPOSED: Eric Burton, 25 Richard Circle stated that he is a direct abutter to the locus, that for years he has had to deal with the dumpsters being emptied during early morning hours, that the dumpster is not screened, that he is concerned with trucks using the docks at early hours or late into the night, that he wants to know where the arborvitae screening will be placed, and that this proposed use may result in more trash. Mr. Burton offered photographs to the City Council for review. Motion made and 2nd that the photographs be received and made part of the record, all in favor, 9-0. Laurie Burton, 25 Richard Circle stated that she has lived at her residence for fifteen years, that the petitioner’s property is in disarray, that the property needs to be updated but updated in the right way, that she is concerned about trucks idling at the locus at night, about exhaust from the trucks and about the angle of the dock allowing eighteen-wheel tractor trucks into the area, that she wants conditions to control these issues and to be enforceable with monetary penalties, that the hours of operation should be conditioned, that there should be lights as people tend to go back in that area at night and this should be discouraged, that she wants to know whether the visual improvement will be along the highway or along the residential property, and that the photographs accepted by the City Council represent the view from her yard. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 18, 2011 AND THAT THE MATTER BE

REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to appropriate the sum of $2,706,928.13 from Debt Reserve Account to Debt Principal Account and Debt Interest Account, committee report was received “back for action pending response from City Auditor to request for a statement of a breakdown of the Debt Reserve Account.” A communication dated September 20, 2011 was received from Charles Doherty, Deputy Auditor as follows:

 

Re: Appropriation of Debt Reserves

 

Dear Bill:

 

In regards to the Debt Reserve Account, the current balance is $4,478,374.59. The City needs $2,706,928.13 appropriated to meet the expected principle and interest debt for the current fiscal year. In the FY12 budget we included $1,645,000 for Principle and $1,061,928.13 for interest totaling $2,706,928.13 for current year’s debt payments. This revenue will be raised by taxation during the current Fiscal budget, outside of 2½ in compliance with the approved debt exclusion, to replenish the debt reserves account. The current balance of over 4 million resulted from the collection for taxes before initial payments were due on the WMHS bonds. These funds will be used over the life of the bond to pay down the debt.

 

If there are any other questions, please feel free to contact me directly.

 

Thanks, s, Charles Doherty, Deputy Auditor

 

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 ORDER be APPROVED, all in favor, 9-0.

Presented to the Mayor: September 23, 2011        s/Scott D. Galvin Sept. 23, 2011

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NEW PETITIONS:

 

Petition by Infinity Limo Corporation, 59 Cambridge Road, Apt #203 for a new Livery License. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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A communication dated September 19, 2011 with attachments was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re:  Minor Modification to Special Permit Granted to Monarch Homes Inc., Lot A, 859

Main Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent Monarch Homes, Inc. (“Monarch”).  On January 12, 2011, your office issued a Landowner’s Decision and Notice of Special Permit setting forth approval by the Woburn City Council of a Special Permit granted to my client (the “Decision”) (copy attached).  The Decision allowed for a 33 unit, 35 bed Alzheimer’s Residence and exception to the landscaping requirements.  Enclosed please find ten copies of a plan entitled, “Special Permit Alzheimer’s Care Facility”, dated October 18, 2010, revised on November 23, 2010 and September 1, 2011, prepared by Waterfield Design Group, 50 Cross Street, Winchester, Massachusetts (the “Plan”).

 

Recently in connection with the requirements of the new 8th edition of CMR 780 – Massachusetts State Building Code, it was learned that a stairwell to the rear of the building had to be relocated from the interior of the building.  As a result, the building footprint will increase from 7,768 s.f. to 8,534 s.f. or 766 square feet.

 

The revision to the footprint does not impact the number of units and residences within the facility.  In addition, parking, lot coverage and the conditions to the Decision are also not affected.

 

Since Monarch needs to file its final HUD application by September 23, 2011 or risk losing its financing for the project, I respectfully request approval by the City Council at its meeting on September 20, 2011 of the above modification which is clearly a minor modification to the Decision and adopt the Plan referenced above as the Plan of Record.

 

If you have any questions, please do not hesitate to contact me.  Thank you.

 

Very truly yours, s/Joseph R. Tarby III

 

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 REQUEST FOR MINOR MODIFICATION AND AMENDMENT TO THE PLAN OF RECORD be APPROVED, AS AMENDED

with the condition as follows: 1. That this is a minor modification due to the fact that the revision to the footprint does not impact the number of units or residences within the facility and the parking, lot coverage and conditions to the Decision are also not affected, all in favor, 9-0.

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ORDERED     Be it Ordained by the City Council of the City of Woburn that the 1985 City of Woburn Zoning Ordinance, as amended, be further amended as follows:

 

  1. Amend section 5 Notes to 5.1 Table of Use Regulations by adding the following note:

 

25. Automobile and truck repair garages located in a S-1 Zoning District shall be subject to the following conditions:

 

    1. Repairs shall be limited to automobiles; No repairs shall be allowed on vehicles, SUVs and light trucks weighing in excess of 10,000 pounds.
    2. The square footage of the repair facility shall not exceed 2,000 square feet.
    3. The repair facility must have frontage on a state controlled roadway.
    4. No portion of the structure may be within forty (40) feet from a residential dwelling.
    5. Automobile and truck repair garages located in an S-1 Zoning District shall require a special permit from the City Council pursuant to the requirements of Section 11.
    6. The Council shall also impose such additional conditions of those specified in this Ordinance as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this Ordinance, including but not limited to the following:  Screening, buffers, or planting strip, fences, or walls, as specified by the Council modification of the exterior appearance of the structure; method and time of operation, or extent of facilities; regulation of number and location of drives, accessways, or other traffic features, and off-street parking or loading, or other special features beyond the minimum required in the Ordinance.
    7. All signage shall comply with the requirements of Section 13.

 

  1. Amend Section 5.1, line 44, Table of Use Regulations by replacing the “-“ with a “P” in the S-1 Zoning District and inserting:  Note 25 under the heading:  “Notes; Other Sections”

 

By landowner

 

Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING AT THE CITY COUNCIL REGULAR MEETING ON OCTOBER 18, 2011 AND REFER TO COMMITTEE ON ORDINANCES, all in favor, 9-0.

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

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COMMUNICATIONS AND REPORTS:

 

A communication dated September 16, 2011 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 a report to you on the parking violations in the City of Woburn for the period ending August 2011: number of parking violations issued 1,039, number of violations paid 499, number of violations outstanding 349, amount collected and submitted to the Office of the Collector $37,632.80. There exists a backlog of 5,579 tickets for 1982 through 2010. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $8,300.00.

 

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.

 

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A communication dated September 6, 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 August. 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 September 8, 2011 was received from Larry Guiseppe, Director of Veterans Services, as follows:

 

Dear President Denaro,

 

I respectfully request time to address the City Council at your next scheduled City Council meeting on September 20, 2011.

 

I am part of a committee, of Woburn veterans, that is looking to undertake a project on Woburn Common: erecting a new Roll Call Memorial for ALL wars, which would replace the existing WWII Roll Call Monument.

 

My presentation would take approximately 15-20 minutes.

 

Sincerely, s/Larry Guiseppe

 

Motion made and 2nd that the MATTER be SCHEDULED OR THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 4, 2011 AND REFERRED TO COMMITTEE ON MUNICIPAL LANDS, all in favor, 9-0.

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A communication dated September 6, 2011 with attachments was received from Attorney Ellen Callahan Doucette as follows:

 

Re: A.L. Prime v. Woburn City Council

No. 2011-P-0874

 

Dear Bill:

 

Enclosed for the City Council’s record is a copy of the appellate brief filed on its behalf in regard to the above-captioned matter.

 

Very truly yours, s/ Ellen Callahan Doucette

 

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 September 13, 2011 with attachment was received from State

Representative James J. Dwyer, State Representative Jay R. Kaufman, State Senator

Kenneth J. Donnelly and State Senator Pat Jehlen as follows

 

Dear Members of the Woburn City Council,

 

We are writing to share our concern regarding the proposal to re-route hazardous material trucking deliveries from the streets of Boston out to Route 95 through Woburn.  The proposed route change is currently being evaluated by the Massachusetts Department of Transportation (MassDOT).  In response to a request for comments from MassDOT, we recently submitted a letter to the agency enumerating our concerns about this proposed HAZMAT route.  We have attached a copy of this letter for your reference.

 

As a municipal official, we strongly encourage you to submit written comments to

MassDOT with your perspective on this proposed change to the HAZMAT trucking route.  You can find more detailed information on the route proposal on the MassDOT website.  You can send comments to the following address:

 

Thomas F. Broderick, P.E., Acting Chief Engineer

MassDOT

10 Park Plaza, Suite 4160

Boston, MA 02116

ATTN: BOSTON HAZMAT ROUTE

 

Or Email comments to: [email protected]

 

Please note that comments must be submitted by 5:00PM on September 23, 2011.  Please contact our offices with any further questions you may have.  Thank you for your attention to this important matter.

 

Sincerely, Representative James J. Dwyer, Representative Jay R. Kaufman, Senator Kenneth J. Donnelly and Senator Pat Jehlen

 

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 August 31, 2011 was received from U.S. Senator Scott B. Brown acknowledging receipt of the Resolution of the City Council in support of the National Liberty Memorial Act (S. 883). Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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An undated communication was received from the Commonwealth of Massachusetts Local Election Districts Review Commission as follows:

 

Dear President Denaro:

 

On June 28, 2010 the Local Election Districts Review Commission considered the submission re-dividing the city of Woburn into wards and precints.

 

The Commission is pleased to inform you that this division meets the requirements of Massachusetts General Laws chapter 54, section 1, and is otherwise consistent with law and has thus been approved by the Commission. Please note that the effective date of your wards and precincts is not until December 31, 2011.

 

Thank you for your cooperation.

 

Sincerely, Local Election Districts Review Commission – s/Hon. William Francis Galvin, Hon. William I. Cowin, Avi Green

 

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 September 12, 2011 entitled “Objection and Comments of Town of Wilmington to New England Transrail, LLC’s August 2011 Status Report” was received. 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.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That the following list of Wardens, Clerks, Inspectors and Substitutes be approved for all Elections between September 1, 2011 and August 31, 2012:

 

Ward

Precinct

Name Address Office

1

1

Barbara Fagan 33 Dix Rd. Ext. Warden

1

1

Sharon Flynn 6 Thornton St. Clerk

1

1

Diane Ahern 2 Keith Circle Inspector

1

1

Catherine Walsh 273 Cambridge Road #202 Inspector

1

1

Rita Allitto 11 Morningside Drive Inspector

1

1

Peter Aspesi 31 Hudson St. Inspector

1

1

Roberta Bengtson 6 Samoset Road Inspector

1

1

Loretta Schuck 44 Leonard Street Inspector

1

1

Paula Walsh 11 Hillside Avenue Inspector

1

1

Florianna Tobin 59 Campbell Street #309 Inspector

1

2

Ron Dunn 8 Spring Street Warden

1

2

Margaret Wallace 4 Lakeview Terr Clerk

1

2

Betty Parechanian 7 Hope Lane Inspector

1

2

Janet Paleologos 19 Rumford Pk Ave Inspector

1

2

Georgina Silva 50 Cambridge Rd #209 Inspector

1

2

Carol Beckwith 27 Buttaro Road Inspector

1

2

Sophia Davidson 37 Arlington Rd Inspector

1

2

Janet Dever 9 Canterbury Road Inspector

1

2

Janet LeBlanc 1 Surrey Circle Inspector

 

 

1 2 June Myers 10 Delaware Avenue
2 1 Sandra Luther 19 Cummings Ave Warden
2 1 Catherine DiPanfilo 20 Innitou Road Clerk
2 1 Carmella Crowell 30 Dix Road Ext Inspector
2 1 Helen King 4 Bedford Road Inspector
2 1 Frank Starbile 11 Page Place Inspector
2 1 Roy Luther 19 Cummings Avenue Inspector
2 1 Arthur Cumming Jr. 27 Anna Road Inspector
2 1 Phyllis McInnis 66 Kilby Street Inspector
2 1 Theresa Smith 25-0 Arlington Road 4 Inspector
2 1 Connie Pandolph 9 Park Drive Inspector
2 2 Patricia McCuish 14 Scott Street Warden
2 2 Donald McCuish 14 Scott Street Clerk
2 2 Elizabeth Ober 39 Forest Park Road Inspector
2 2 (Mary) Patricia

Connolly

60 Montvale Road Inspector
2 2 Janice Pandolph 37 Elijah Street Inspector
2 2 Jean Mernin 2 Walnut Court Inspector
2 2 Judith Nagle 8 Thomas Street Inspector
2 2 Natalie O’Connor 13 Cummings Avenue Inspector
2 2 Barbara Sullivan 27 Arlington Road #1-1 Inspector
2 2 Paul Cunniff 93 Waltham Street Inspector
3 1 Linda Olsson 60 Water Street Warden
3 1 Helen Simonds 45 Eaton Avenue Clerk
3 1 Elizabeth A. Simonds 3 Court Street Inspector
3 1 Marie Giangrande 6 Flint Circle Inspector
3 1 Robert Granata 26 Northwoods Circle Inspector
3 1 Marie Price 240 Place Lane Inspector
3 1 Rosemary Spencer 5 Caulifield Road Inspector
3 1 Stella Di Girolamo 9 Lee Road Inspector
3 1 Richard Tobin 44 Green street Inspector
3 1 Janet Irwin 37 Waltham Street Inspector
3 2 Thelma Anthony 41 Brentwood Road Warden
3 2 Elizabeth Donovan 5 Crescent Road Clerk
3 2 Dianne DiRienzo 24 Carson Road Inspector
3 2 Debbie Perelli 65 Pine St Inspector
3 2 Hilda Abreu 81 Garfield Avenue Inspector
3 2 Jean Rooney 59 Campbell St #506 Inspector
3 2 Joyce Wentworth 17 Highet Avenue Inspector
3 2 Patricia Rossetti 16 Robert Avenue Inspector
3 2 Doris Stanton 18 Nichols Street Ext Inspector
3 2 Paul Johnson 7 Dearborn Terrace Inspector
4 1 Sarkis Chinian 8 Asbury Avenue Warden
4 1 James Rastellini 153 Montvale Avenue Clerk
4 1 Jean Cronin 18 Mayflower Road Inspector
4 1 Albert Galante 4 O’Neil Road Inspector
4 1 Jane Dolan 57 Arlington Road Inspector
4 1 Mary Alice Grzyb 26 Carroll Road Inspector
4 1 Peng Chuan Chai 8 Mikaila Way Inspector

 

4 1 James Doherty 45 Brentwood Road
4 1 Mary McElhiney 10 Pilgrim Road Inspector
4 1 Mary McLaughlin 6 Carroll Road Inspector
4 2 Elaine Haggerty 30 Thistle Road Warden
4 2 Ann McGarry 3 Innitou Road Clerk
4 2 Hazel Lambert 3 Elmwood Terrace Inspector
4 2 Geraldine Moscaritolo 200 Bedford Road #20E Inspector
4 2 Jeanne Lingblom 18 Day Circle Inspector
4 2 Margaret Stack 7 Willow Street Inspector
4 2 Dawn Richards 33 Nashua Street Inspector
4 2 Cecelia Rivela 16 Jan Street Inspector
4 2 Alfred Autenzio 9 Arbor Lane Inspector
4 2 Janice R. Sylvia 2 Bay Street Inspector
5 1 Joyce Marshall 5 Elijah Street Warden
5 1 Rodney Flynn 6 Thornton St Clerk
5 1 Beverly McCue 51R Central Street Inspector
5 1 Edith Welch 59 Campbell St #303 Inspector
5 1 Harold Parechanian 7 Hope Lane Inspector
5 1 Gloria Platon 6 Fieldstone Drive Inspector
5 1 William Connolly 27 Parker Street Inspector
5 1 Rebecca Murphy 9 Blueberry Hill Road Inspector
5 1 Maureen Vallis 4 Clifford Terrace Inspector
5 1 Martin LaCarbonara 10 Grove Street Inspector
5 2 Helen Hatch 14 Marlboro Road Warden
5 2 Robert Hawley 464 Place Lane Clerk
5 2 William Coady 35 Glenwood Avenue Inspector
5 2 Mary Dickie 1 Linden Circle Inspector
5 2 Theresa Chotkowski 3 Pond Terrace Inspector
5 2 Timothy Murphy 9 Blueberry Hill Road Inspector
5 2 Shirley Butler 28 Felton Street Inspector
5 2 Anna Cumming 27 Anna Road Inspector
5 2 Myles Collins 19 Squanto Road Inspector
5 2 Florence Keefe 43 Leonard Street Inspector
6 1 Nancy Darby 20 Ward St Warden
6 1 Jean O’Connor 9 Rock Street Clerk
6 1 Albina Cain 72 Bedford Road Inspector
6 1 Barbara Ridley 129 Place Lane Inspector
5 2 Janet Galante 3A Kearsarge Avenue Inspector
6 1 Caroline Murphy 3 Akeson Road Inspector
6 1 Rosario Diaz 12 James Terrace Inspector
6 1 Loretta Cianchi 32 Dix Road Inspector
6 1 Marion Galante 4 O’Neil Road Inspector
6 1 Jane Linn 204 School Street Inspector
6 2 Diane Autenzio 23 Milan Avenue Warden
6 2 Francis Hancock 13 Pearl Street Clerk
6 2 Sheila Marshall 26 Boyd Road Inspector
6 2 John Decata 57 Wood Street Inspector
6 2 Irene Decata 57 Wood Street Inspector
6 2 Daniel Scinto 4 Highet Avenue Inspector
6 2 Diane Scinto 4 Highet Avenue Inspector

 

 

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

 

s/President Denaro

 

Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 abstained (Haggerty abstained).

Presented to the Mayor: September 23, 2011        s/Scott D. Galvin Sept. 23, 2011

 

6 2 Rita Stone Merrimac Street
6 2 Michelina DeAngelis Lexington Street Inspector
6 2 Eleanor Collins Squanto Road Inspector
7 1 Alfred Magro Rich Road Warden
7 1 Thomas O’Rourke Highet Avenue

Clerk

7 1 Camille Maccini Pheasant Lane Inspector
7 1 Dorothy Curran Dix Road Inspector
7 1 Ellen Magro Rich Road Inspector
7 1 Florence Tully Hiawatha Road Inspector
7 1 Ruthann Gridelli Grape Street Inspector
7 1 Nancy Nardone Roman Road Inspector
7 1 Virginia Evans Barbara Circle Inspector
7 1 Barbara Callahan Van Norden Road Inspector
7 2 Gloria Finn Lafayette Place Warden
7 2 Joyce O’Donnell Russell Street

Clerk

7 2 Margaret Reilly Williams Lane Inspector
7 2 Patti Doyle Thomas Street Inspector
7 2 Maurice W. Finn Lafayette Place Inspector
7 2 Phyllis Flight Middle Street Inspector
7 2 Mary Harrison Lake Ave #BC5 Inspector
7 2 Donna Bullen Robinson Road Inspector
7 2 Sharon Lee Henderson Road Inspector
7 2 Nancy Matthews Albert Street Inspector
Hans Christenson Salem Street Substitute
James R. Thompson Harrison Avenue Substitute
Rosemary Ceurvels Samoset Road Substitute
Dorothy Geary Belmont Street Substitute
Robert J. Coffey Cambridge Road #307 Substitute

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

RESOLVED That the Committee on Municipal Lands meet with representatives of NStar to discuss the company’s tree trimming program, including the policy of trimming trees, the impact on the aesthetics of trees in the city, and trimming of trees on private land.

 

s/Alderman Gately

 

Alderman Gately stated that he has received many complaints from homeowners about poor trimming of trees that has killed some trees. Alderman Drapeau stated that not only trees around power lines in neighborhoods have been trimmed but there has also been

 

clear cutting of vegetation in rights of way leading to transmission lines, that debris has been left on the property, and that the work is not being done properly. Alderman DiTucci stated that there has been some clear cutting at Horn Pond and in conservation areas, that debris has been left in paths, and that this issue needs to be addressed citywide. Alderman Mercer-Bruen stated that the work is being done wrong but she wants to avoid situations where storms knock out electricity and therefore some trimming is necessary, and that she will submit a copy of a letter from NStar that was received by the Mayor concerning the tree work. Alderman Gately stated that he is not saying the NStar cannot do the work but they must do the work with proper care. Alderman Drapeau stated that there was recent legislation requiring this work to avoid widespread loss of electricity. Alderman DiTucci stated that NStar has the right to do the work but must use care to protect private property. Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

 

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

RESOLVED WHEREAS, it has come to the attention of the City of Woburn that there is pending before the Massachusetts Department of Transportation a request to re-route hazardous material trucking deliveries from the streets of Boston out to Interstate Route 95 and/or Interstate Route 93 through Woburn.

 

WHEREAS, the proposed route change is currently being evaluated by the Massachusetts Department of Transportation (MassDOT).

 

WHEREAS, our state delegation consisting of Representatives James J. Dwyer and Jay R. Kaufman, and Senators Kenneth J. Donnelly and

Senator Patricia Jehlen recently submitted a letter to the Massachusetts Department of Transportation enumerating their and our concerns about this proposed HAZMAT route.

 

WHEREAS, the proposed route change would possibly prohibit an estimated 400 HAZMAT vehicles from travelling in and through the City of Boston and force those vehicles to travel in and through surrounding communities including the City of Woburn.

 

WHEREAS, the proposed route change would require many HAZMAT vehicles to traverse the City of Boston by travelling through the City of Woburn North on Interstate 93 to Interstate 95 South.

 

WHEREAS, the proposed route change would inexplicably require HAZMAT vehicles to travel excessive distances merely to avoid the City of Boston despite the fact that many of these vehicles originate in or around the City of Boston.

 

WHEREAS, the proposed route change would impose substantial responsibilities and burdens upon the City of Woburn to address the

increased risk of managing a HAZMAT incident;

 

WHEREAS, the proposed route change would divert HAZMAT vehicles away from those most capable to address HAZMAT accidents as is set forth and articulated in the letter from our state delegation to

Massachusetts Department of Transportation dated September 14, 2011;

 

WHEREAS, the proposed route change is supported by a study commissioned by the City of Boston and, it appears, there has been no independent study; and

 

WHEREAS, it is undeniable that the increase in HAZMAT vehicles

traveling around and or through the City of Woburn increases the risk of a

HAZMAT incident in Woburn; and

 

WHEREAS, there are virtually no sound barriers that could also act as protective barriers along the Woburn sections of I-95 and I-93 that would help protect the citizens from a HAZMAT incident; and

 

WHEREAS, a proposed response time of trained HAZMAT personnel of 30 minutes is totally unacceptable to the City of Woburn and similarly unrealistic due to traffic conditions on I-95 and I-93 especially if there is a traffic incident; and

 

WHEREAS, it is undeniable that requiring HAZMAT vehicles to travel longer and further than necessary will increase the risk of a HAZMAT incident in the metropolitan area in general; and

 

WHEREAS, the increased risk of a HAZMAT incident in or around

Woburn is unwarranted and unacceptable;

 

NOW THEREFORE, Be It Resolved by the City Council of the City of Woburn:

 

  1. That the citizens and businesses of the City of Woburn be encouraged to submit to

 

Thomas F. Broderick, P.E., Acting Chief Engineer

MassDOT

10 Park Plaza, Suite 4160

Boston, MA 02116

ATTN: BOSTON HAZMAT ROUTE

 

Or Via Email comments to:

[email protected]

 

their objections to the proposed re-routing of hazardous material trucking deliveries from the streets of Boston out to Interstate Route 95 and/or Interstate Route 93 through Woburn; and

 

  1. That the City Council and Mayor submit a communication to MassDOT  on behalf of the citizens and businesses, in the form attached hereto.

 

s/Alderman Anderson, Alderman Haggerty, Alderman Raymond,

Alderman Mercer-Bruen, Alderman Gately

 

Attached thereto was the following:

 

September 20, 2011

 

Secretary Richard Davey

Massachusetts Department of Transportation

10 Park Plaza, Suite 3170

Boston, MA 02116

 

Dear Secretary Davey:

 

We are writing to object to the proposed re-routing of hazardous material trucking deliveries from the streets of Boston to Interstate 93 and 95 through the City of Woburn.   This proposal unnecessarily expands the risk of a HAZMAT incident from a small geographic area to a large geographic area.  Moreover, it places a number of communities, and especially the City of Woburn, at substantial risk of such an incident.

 

This objection is based solely upon public safety.

 

We believe it to be undeniable that requiring vehicles to traverse a larger distance will increase the possibility of an accident.  This could be caused in any number of ways such as a tire blowing, reckless driving by a third party “cutting off a driver,” or driver error.  Not only is an accident more likely to happen where hazardous cargo is required, but rather, it will happen.  The question is only when.

 

There are numerous residences and business located along Interstates 93 and 95 that would be susceptible to substantial harm in the event of a HAZMAT incident.  There are no walls or sound barriers to protect the public.  This risk is unacceptable to the undersigned City officials who charged with the safety of this City.

 

Who is best equipped to deal with a HAZMAT incident?  The City of Boston is the most qualified community to deal with a HAZMAT incident.  As is outlined in our state delegation’s letter to you:

 

  • The City of Boston has what is considered to have one of the best Emergency Medical Services (EMS) in the nation.
  • All of Boston’s nearly 2,000 fire and EMS personnel have HAZMAT training together with a vast array of specialty equipment at their disposal.
  • MassPort Fire, a department that has the largest foam capability in the state, which is vital in a HAZMAT response, is located within the borders of Boston and very near the original route along Commercial St and the altered route along Cross St. The surrounding communities have a fraction of the personnel and resources of Boston to respond to an event.
  • Boston and Cambridge are the only communities that maintain their own

HAZMAT response teams.  All other communities are dependent on the

Massachusetts Department of Fire Services Regional Hazardous Materials Team of which there are six across the state.

  • Absent adverse traffic conditions, it would take a regional HAZMAT team at least sixty minutes to respond to an incident on those sections of Routes 95 and 93 being proposed by Boston as HAZMAT routes.  Common sense dictates that if there were a HAZMAT incident on Routes 93 and/or 95, which are operating over designed capacity, there would be a gridlock situation that would make it near impossible for a timely response to a HAZMAT incident.
  • The Department of Transportation has acknowledged that the Route 95 and 93 interchange has significant safety issues and is among the top five worst crash sites in the state. The addition of hundreds of trucks a day carrying hazardous materials poses a real and significant threat to the communities along these roadways.

 

At the present time HAZMAT is successfully transported on existing routes with limited, if any, incident.  The transportation is conducted within easy reach of HAZMAT teams and has the added benefit of limiting the time that HAZMAT is on the public ways of the Commonwealth of Massachusetts.  To make a change as proposed unjustifiably expands the risk of harm to multiple communities.

 

We respectfully request that the proposed request be denied.  Thank you for your thoughtful consideration.

 

Alderman Drapeau stated that he wants one letter to be signed by all Aldermen to show unanimous support for the position. Alderman Anderson stated that this resolution germinated from Alderman Raymond’s attendance at the hearings on this issue, that the Woburn State delegation has sent an objection concerning the proposal, and that vehicles which would travel a short eight miles will now be traveling eighty miles to avoid Boston streets but this will increase danger to many communities. Alderman Haggerty stated that trucks have rolled over at the interchange in Woburn, that if the vehicles are carrying hazardous materials this would be dangerous to the community, that this is not good for the communities and is coming from a request by Boston, and that this proposal should not be permitted. Alderman Mercer-Bruen stated that she resides near the interchange, that trucks have rolled over in this area, and that the city should oppose the proposal.

Alderman Raymond stated that he attended the public hearing, that he asked where the emergency response would be if there was an accident in Woburn, that the closest facility is in Weston, that travel of emergency response would be delayed by traffic if there was a roll over, that the distance the vehicles will travel is being increased to eighty-five miles from a clearly marked truck route in Boston, that the proposal could add 300 to 500 additional trucks traveling on the highway every day, and that this includes hazardous materials such as gasoline. Alderman Drapeau stated that he attended the hearing on the matter, and that the suburbs have to stand against this proposal. Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

Presented to the Mayor: September 23, 2011        s/Scott D. Galvin Sept. 23, 2011

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

RESOLVED Whereas, according to the Department of Defense Federal Voting

Assistance Program (FVAP), there are 11,691 active military duty Massachusetts residents residing overseas; and

 

Whereas, for the November 2010 election, Massachusetts requested a waiver from a requirement of the Military and Overseas Voter

Empowerment Act (the MOVE Act) to send absentee ballots to Americans overseas at least 45 days before an election “due to a late primary”; and

 

Whereas, a report by the Secretary of the Commonwealth revealed that in the November 2010 election only 400 ballots from Massachusetts active duty military personnel stationed overseas were counted; and

 

Whereas, the General Court is considering H1972 “An Act Regulating

State Primaries”, a bill that moves the state primary to allow

Massachusetts residents residing overseas to vote privately and securely, and combines the presidential primary with the state primary to save taxpayers at least $8,000,000.00; and

 

Whereas, a number of states have moved their primary dates earlier in the year to comply with the federal MOVE Act and to provide relief to taxpayers by reducing the cost of elections; and

 

Whereas, the Massachusetts state primary scheduled for September 18,

2012 stands alone as the last state primary in the country in 2012; and

 

Whereas, in written testimony the FVAP concluded “passing HB1972 will significantly improve voter success for many military members, overseas voters, and their families”; and

 

Whereas, HB1972 simplifies the election process, decreases the opportunity for “voter fatigue”, reduces the cost of elections for taxpayers, and establishes fairness among candidates;

 

Now, Therefore, Be It Resolved by the City Council of the City of

Woburn that the City of Woburn supports the adoption of HB1972 “An Act Regulating Election Primaries” pending before the 187th General Court of the Commonwealth of Massachusetts and directs the City Clerk to transmit a copy of this action to the municipality’s State Delegation and to the Joint Committee on Election Laws.

 

s/Alderman Anderson

 

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

Presented to the Mayor: September 23, 2011        s/Scott D. Galvin Sept. 23, 2011

_________________________

 

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.

_________________________

 

A communication dated September 20, 2011 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Re: Municipal Charges Lien

 

Dear President Denaro:

 

I have reviewed changes to Municipal Charges Lien with Treasurer Jensen and Attorney Finnegan. The revisions made to the Ordinance are fine. However, Treasurer Jensen advised that 3-28 be revised, as follows:

 

“The Municipal Charges Lien together with interest shall accrue at 14 percent a year, and shall apply to the following Municipal Charges and/or fees that are outstanding for more than 30 days.”

 

These changes are consistent with current collection procedures in the

Treasurer/Collector’s Office. If you have any questions, please feel free to call.

Otherwise, I would respectfully request approval of the Ordinance this evening.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. Motion made and 2nd to take the Order to add a new Title 3, Article VI “Municipal Lien Charges” from the Committee on Ordinances, all in favor, 9-0. Alderman Anderson stated that this proposed ordinance is an entirely new proposal that is not currently codified, that an interest charge of 1% per month was discussed in committee, and that after consulting with the City Treasurer’s office it was determined that the language should be modified to reflect current practice. Motion made and 2nd that Section 3-28 of the proposed Order be amended in conformity with the communication of the Mayor dated September 20, 2011, all in favor, 9-0. Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED, all in favor, 9-0.

Presented to the Mayor: September 23, 2011        s/Scott D. Galvin Sept. 23, 2011

_________________________

 

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 8:40 p.m.

 

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council

 

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