City Council – 04/03/2007

DATE 04/03/2007
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

 

CITY OF WOBURN

APRIL 3, 2007 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

 

Ciriello                        Gately

Denaro                       Galvin

Drapeau                  Gonsalves  Doherty

Dwyer                         Mercer-Bruen

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

A communication dated March 29, 2007 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Re: Request for Audit Presentation by Powers & Sullivan

 

Dear President Doherty and Members of the City Council:

 

I would like to have our external audit services firm, Powers & Sullivan , make a presentation to you at your meeting of April 3, 2007, concerning the audit reports ending June 30, 2006.

 

Thank you for your consideration.

 

Sincerely, s/Thomas L. McLaughlin

 

Attached thereto were three reports entitled “Management Letter June 30, 2006”, “Report on Examination of Basic Financial Statements Fiscal Year Ended June 30, 2006”, and “Reports on Federal Award Programs Fiscal Year Ended June 30, 2006.” Motion made and 2nd to suspend the rules for the purposes of hearing from His Honor the Mayor concerning the audit reports, all in favor, 9-0. Mayor McLaughlin noted the changes in the audio-visual system in the Council Chamber which were installed by the Woburn Public Media Center. Mayor McLaughlin stated that the FY2006 audit is available and that the independent auditor is at this meeting for a presentation. Dick Powers of Powers & Sullivan stated that most field work was accomplished within 1½ months after the end of the fiscal year, that the city performed some refunding which paid off higher interest debt with lower interest debt, that school projects were eligible for reimbursement, that there are almost $60,000,000.00 in reimbursements expected for FY2007 although they had originally been expected in FY2006, that department receipts and investment returns were higher than expected, that motor vehicle excise tax collections contributed to the receipts, that the debt service of the community is currently 5½% of total revenues, that a debt service of 8% to 12% of total revenues is expected for a community of this size, that the school debt service to come will be absorbed, that the city has a young capital asset structure, that 60% of the assets have not been depreciated yet, that the city should consider keeping the asset base young as debt service is paid by engaging in new debt service, that the pension fund increased 7% due to positive results in market gain, that this was a solid year for the city, that it was a good year from an audit perspective, that the auditor and treasurer work well as a financial team and with the independent auditor, that the books closed early, that the FY2005 audit had twelve comments for improvements, that in the FY2006 audit all twelve of the comments have been resolved or partially resolved, that it does not get better than that, that the student activities funds is an area that must be kept clean, that there are no major issues in special education funding, that the city must do a better job in reporting to the federal government, that there is a continued willingness on the part of management to address issues brought to their attention in a timely manner, that the city should continue consolidation of accounts, that it is not in the treasurer’s best interest to put capital at risk, that money is put in quality institutions, that the city should consider collateralization, that there is no policy in writing in this regard, that this is not a matter of lack of effort but there should be a written policy that the City Council can know is the operational guidelines of the investments, that with special education there is a process to file a form for reimbursements however it appeared that estimates were being used as they did not tie into the actual numbers, that this information would likely be accurate at conclusion but the interim reports could be more accurate, that those issues could be at the ledger entry level as well as at the school department level, that all of the city’s investments are AAA which is ideal for capital preservation, that the retirement funds reflect the longer term nature of these investments, that there is a Chapter 90 fund in the general ledger, that a reconciliation between the records of the department and the general ledger is taking place, that it is not uncommon to highlight the lack of seeking reimbursement in the management letter, that he does not recall the number outstanding being as high as $951,000.00 at this time, that $951,000.00 is significant, that with that figure there is a loss of opportunity cost, and that this process is as simple as submitting paperwork. Alderman Denaro stated that the support given to the auditor and treasurer has resulted in this good financial report. Alderman Gonsalves stated that the independent auditor has assisted in establishing strong financial controls. Alderman Drapeau asked why the city can not make more money on its investments. City Auditor Gerald Surette stated that GASB45 money is $60,000.00 and is being held in a separate account. Alderman Gately stated that there is a deficit of $951,000.00 in the Chapter 90 reserve fund for which reimbursement from the State has not been reflected, that he wanted to know how this was reflected in the audit, that the city should be seeking this reimbursement from the State, and that a procedure should be put in place to make certain that this reimbursement request is processed timely. Auditor Surette stated that his office has not received a request for invoices for Chapter 90 reimbursement. Alderman Galvin stated that he thought that the new hire in the Department of Public Works was to work on the Chapter 90 reimbursements as it is not acceptable to have that much money outstanding. Mayor McLaughlin stated that he is not certain that the new hire was assigned to that task.

President Doherty stated that he would like clarification from the Department of Public Works as to what duties the new hire was assigned. Mayor McLaughlin stated that the treasurer and the auditor do their work responsibly and ethically and that the credit for resolution of these issues goes to those departments. Motion made and 2nd to return to the regular order of business, all in favor, 9-0.

 

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

ORDERED     That the sum of $1,000,000.00 be and is hereby appropriated as so stated from School Stabilization Fund Account #704059-596100 $1,000,000.00 to Mayor’s Capital Outlay WMHS Turf Field Account #0112158-586574 $1,000,000.00. Upon completion of this project, any surplus shall revert back to the Stabilization Fund.

 

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

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

 

s/President Doherty

 

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

 

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

ORDERED     That the sum of $85,438.00 be and is hereby transferred as so stated:

Transferred out of Regular Salary 0121051-511000 $14,438.00, Sick Leave BB 0121051-515400 $48,000.00, Reserves 012051-512700

$15,000.00, Dog Maintenance 0121052-538301 $4,000.00, Crossing

Guards 0121051-512500 $4,000.00 transferred into Overtime 0121051513100 $4,438.00, Auto Maintenance 0121052-524600 $25,000.00, Radio Maintenance 0121052-525200 $6,000.00, Building Maintenance 0121054543000 $20,000.00, Gasoline 0121054-548100 $10,000.00, Lighting 0121052-521101 $20,000.00.

 

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

I have approved the above. s/Chief Philip L. Mahoney

I have reviewed the above. s/Auditor Gerald Surette

 

s/President Doherty (per request)

 

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

 

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

ORDERED     That the sum of $128,000.00 be and is hereby appropriated as so stated from Free Cash Account #01-356000 $128,000.00 to Emergency Repairs $128,000.00.

 

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 REFERRRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

 

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

ORDERED     That the sum of $50,000.00 be and is hereby transferred as so stated from

Ambulance ALS Account #31359-595000 $50,000.00 to Ambulance Salaries Account #0122051-514500 $50,000.00

 

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

I hereby approve the above: s/Paul Tortolano, Chief, Fire Department                 I have reviewed the above: s/ Gerald W. Surette, City Auditor

 

s/President Doherty

 

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

 

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

ORDERED     That the sum of $87,525.00 be and is hereby transferred as so stated from Ambulance BLS Account #31359-595000 $87,525.00 to Holiday Salary

Account #0122051-514500 $11,675.00, Ambulance Salaries Account #0122051-511500 $75,850.00 Total $87,525.00

 

 

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

I hereby approve the above: s/Paul Tortolano, Chief, Fire Department                 I have reviewed the above: s/Gerald W. Surette, City Auditor

 

s/President Doherty

 

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

 

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

ORDERED     That the sum of $3,451.00 is hereby be transferred for the purposes stated from Outside Survey Consultants Account #0141048-586622 $3,451.00 to

Overtime Account #0141051-513100 $1,640.00, GIS Equipment

Maintenance Account #0141054-544700 $1,811.00 Total $3,451.00 See attached supporting documents

 

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

I hereby approve the above: s/John E. Corey, Jr., P.E., City Engineer

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

 

s/President Doherty (per request)

 

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

 

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

 

ORDERED     That $33,850,000 is appropriated for the purpose of financing water system improvements, including fire protection improvements and other capital improvements to water facilities, capital improvements to water systems to improve water quality and an addition to the water treatment plant, including without limitation all design costs related to such projects and all costs thereof as defined in Section 1 of Chapter 29C of the General

Laws; that meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $33,850,000 and issue bonds or notes therefore under Chapter 44 of the General Laws and/or Chapter 29C of the General Laws; that the Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust or a loan agreement and/or financial assistance agreement with Authority and otherwise to contract with the Trust, the Authority and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to make an application to the Massachusetts Water Resources Authority for an interest free loan under the Massachusetts Water Resources Authority Local Pipeline Assistance Program available for the project or for the financing thereof; and that the Mayor or other appropriate local body or official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project.

 

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

 

s/President Doherty

 

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

_________________________

 

PUBLIC HEARINGS:  

 

Motion made and 2nd that the public hearings on the following two petitions by held collectively, all in favor, 9-0.

 

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

On the petition by National Development Acquisitions LLC, c/o National Development of New England, 2310 Washington Street, Newton Lower Falls, Massachusetts 02462 to further amend the Zoning Map of the City of Woburn as follows: By amending the present zoning district of a certain parcel of land containing approximately 5.00 acres of land at 112 Commerce Way identified on Woburn Assessors’ Map 10, Block 01, Lot 02 from the IP-2 zoning district to the B-I zoning district. PUBLIC HEARING OPENED. A communication dated March 29, 2007 with attachment was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: National Development Acquisitions LLC – 112 Commerce Way – Amend Zoning

Map from IP-2 to B-I & Nodraer Realty Corporation – 120 Commerce Way – Amend Zoning Map from IP-2 to B-I

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on March 13, 2007, the Board voted to forward a favorable recommendation to the City Council on the zoning map amendments for 112 Commerce Way from IP-2 to B-I and 120 Commerce Way from IP-2 to B-I and that the Board has incorporated as part of its recommendation, the report prepared by Connery Associates dated March 1, 2007. In addition, the Board has authorized Mr. John Cashell to represent the Planning Board at the City Council Meeting on this matter.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Attached thereto was a report entitled “A Zoning Review – The Commerce Way Corridor

– I-93 Interchange/Atlantic Avenue/Anderson Station to Commonwealth Avenue – Woburn, Massachusetts March 1, 2007” prepared by Connery Associates, Melrose, Massachusetts. Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Attorney Joseph R. Tarby III and he stated that National Development is under agreement with Pacer to purchase 112 Commerce Way, that the building was constructed in 1989, that it is a single story warehouse of 76,534 square feet in area located on five acres, that site plan approval and a special permit were granted for the building, that there will be a 30,000 to 40,000

square foot retail structure and a 2,500 to 6,000 square foot restaurant structure proposed for the site, that Fitzgerald Tile has been located at 120 Commerce Way for many years, that the building was constructed in 1979, that this is a single story building of 53,600 square feet in area located on 3.42 acres of land, that there are no plans yet to redevelop this property, that Planning Director Edmund Tarallo suggested that the parcel be included in the rezoning to square off the district, that National Development developed much of the property in this area, that Planning Director Tarallo and Alderman MercerBruen asked for a traffic evaluation and zoning study, that VHB prepared the traffic evaluation, that Connery Associates provided the zoning study, that the Connery report stated that there was no seemingly obvious reason why the area cannot support additional retail use, that a corner near a major interstate is a highly desirable retail location, that these proposed zoning amendments allow for more viable use than manufacturing and warehouse, that retail peak traffic is less than office peak traffic, that a retail use will bring in more tax revenues, that the retail range is $95.00 to $171.00 with an average assessment of $122.00 per square foot which compares to $45.00 more per square foot than for office use and $79.00 more per square foot than for industrial use, that National Development has done everything that they said they would do with respect to developing the surrounding properties, and that the proposed retail use will trigger a special permit. Attorney Tarby offered the Connery Associates report to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Attorney Tarby offered his memorandum dated March 29, 2007 to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. John Connery of Connery Associates stated that he looked at the property based on regional concepts with a look to see how the property sits with respect to the area, that there are a lot of uses in the area including retail, industrial and manufacturing, that the area has been an economic engine for the city, that there is significant regional access with the I-93 intersection, train access and Commerce Way to Route 128/I-95, that there are two ways to access major interstates, that the area is large, that this is not a small commercial area, that there are hundreds of thousands of acres of commercial use, that there are relatively large lot sizes, that Commerce Way divides the industrial corridor in a beneficial manner, that it could be improved but is beneficial, that the area is significantly isolated from residential development in a unique manner, that there are many one story buildings in the area, that the area has considerable intensity development capacity, that in twenty years there will be pressure for significant changes in the area, that there is operational unity and access for the site, that there is no reason why the city should not consider retail development of the site, that the visibility, scale, lot and access to the site are for a traditional retail use site, that he did not perform a fiscal analysis, that there is a significant opportunity to make this area grow in many way such as retail, office and research, that the special permit is a way to control development, that the city should consider benchmarks for development design under the special permit process, that this is one of the premier development sites, that the property is a little over eight acres, that the Commerce Way corridor from Atlantic Avenue down could be retail however this may be limited to two or three lots from Atlantic Avenue for retail with the remainder of Commerce Way to Route 128 for office, that the retail use should be close to the transit station on Atlantic Avenue, that office parks with retails uses are more desirable than an isolated wooded office park, and that on value a residential use is higher but then is taxed at a lower rate. Bryan Clancy of National Development stated that they are purchasing only 112 Commerce Way, that there are no plans to redevelop or purchase 120 Commerce Way at this time, that there will be some level of retail use at the rear of the property and some level of retail at the front of the property, that no tenancies have been determined for the property, that they would have a good idea of what they would like to do before a special permit is requested, that the site is currently fully developed and virtually entirely paved, that they will ensure proper traffic circulation on the site, that this is demanded by retail tenants, that there will be a mix of retail and restaurant on site, and that the site is too small without structured parking for other uses. John Cashell, Member of the Woburn Planning Board, stated that the Planning Board did not want this proposal to get off track, that it is a small proposal but part of a larger picture, that the Planning Board wants the City Council to envision the continuing progress in that area, that the city has had one of the better private developers in New England developing that area, that this is another opportunity for change to improve the city’s financial base without requiring the residents of the city to bear that burden, that the city has to have the vision to see Commerce Way turned into a beautiful boulevard, that there is a preponderance of single story flat roof buildings in this area, that twenty years from now there will be likely development better than the older industrial development in the area, that the city must determine what is the best fit of uses along Commerce Way, and that mixed use development is desirable now. Alderman Mercer-Bruen stated that she has always been a proponent of mixed use, that she hopes that this discussion can be taken a step further to look at the whole area, and that retail is a clean use and will bring more tax revenue. Alderman Galvin stated that he retail alone had the lowest tax benefit, that residential then office then retail was the descending order of value, that he wants to know what plans there are to keep Commerce Way from becoming like Washington Street, and that he doe not want to wake up in twenty years to another Washington Street type of development. Alderman Ciriello stated that mixed use will be a positive benefit and that this is a site unmatched in the area. President Doherty stated that the difference between Commerce Way and Washington Street is that Washington Street passes through a residential area, that Washington Street is not the best area for development, that the city did not have planned development of that area or obtain mitigation, and that Washington Street down to Montvale Avenue should not have been developed for retail. Alderman Gonsalves stated that special permits will help control the development of the lots. Alderman Drapeau stated that this is a unique isolated site that can provide development in the future, and that it will help improve tax revenues. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that there were many zoning changes in the 1970s which lead to positive development in this area, that this developer has been beneficial for the city, that the city should continue this partnership, and that Commerce Way is a major access to our industrial area. OPPOSED: None. Motion made and 2nd that the public hearing be continued to the Regular Meeting of the City Council on April 17, 2007 and that the matter be referred to Committee on Ordinances for further review, all in favor, 90.

 

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

On the petition by Nodraer Realty Corporation, 120 Commerce Way, Woburn,

Massachusetts 01801 to further amend the Zoning Map of the City of Woburn as follows:

By amending the present zoning district of a certain parcel of land containing approximately 3.42 acres of land at 120 Commerce Way identified on Woburn Assessors’ Map 10, Block 01, Lot 03 from the IP-2 zoning district to the B-I zoning district. PUBLIC HEARING OPENED. A communication dated March 29, 2007 with attachment was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: National Development Acquisitions LLC – 112 Commerce Way – Amend Zoning

Map from IP-2 to B-I & Nodraer Realty Corporation – 120 Commerce Way – Amend Zoning Map from IP-2 to B-I

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on March 13, 2007, the Board voted to forward a favorable recommendation to the City Council on the zoning map amendments for 112 Commerce Way from IP-2 to B-I and 120 Commerce Way from IP-2 to B-I and that the Board has incorporated as part of its recommendation, the report prepared by Connery Associates dated march 1, 2007. In addition, the Board has authorized Mr. John Cashell to represent the Planning Board at the City Council Meeting on this matter.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Attached thereto was a report entitled “A Zoning Review – The Commerce Way Corridor

– I-93 Interchange/Atlantic Avenue/Anderson Station to Commonwealth Avenue – Woburn, Massachusetts March 1, 2007” prepared by Connery Associates, Melrose, Massachusetts. SEE RECORD NOTES OF PRECEDING PUBLIC HEARING, all in favor, 9-0. Motion made and 2nd that the public hearing be continued to the Regular Meeting of the City Council on April 17, 2007 and that the matter be referred to Committee on Ordinances for further review, all in favor, 9-0.

 

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

On the petition by Manuel Jose and Marie Celeste Jose, both of 7 Dewey Avenue,

Woburn, Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow the alteration of a pre-existing nonconforming 3-family residence to add a dormer and exterior staircases to rear of building located at 40-42 Porter Street. A communication dated April 2, 2007 was received from Attorney Mark J. Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 as follows:

 

Re: 40-42 Porter Street

 

Dear President Doherty and Council Members:

 

Please continue the matter scheduled for April 3, 2007 to May 1, 2007 in order to make changes to the submitted plans and provide information as requested by the Council.

 

Thank you for your cooperation and please call with any questions.

 

Very truly yours, s/Mark J. Salvati

 

Appearing for the petitioner was Attorney Mark Salvati and he stated that he is gathering information requested by the City Council and that his client will be ready for the committee meeting. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the

PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON MAY 1, 2007, all in favor 9-0.

 

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

On the petition by Shawn McSheffrey, McSheffrey Auto Sales, 878 Main Street, Woburn, Massachusetts 01801 for a special permit to allow for the alteration of a preexisting non-conforming sign under Section 13.5 and Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended at 878 Main Street. A communication dated March 29, 2007 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Shawn McSheffrey, McSheffrey Auto Sales – 878 Main Street – To allow for alteration of pre-existing non-conforming sign under Sections 13.5 and 7.3

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on March 27, 2007, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request of Shawn McSheffrey Auto Sales, to allow for the alteration of a pre-existing non-conforming sign.

 

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

 

Appearing was the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that the non-conformity of the sign is due to the setbacks, there will be a bigger sign on the top with smaller signs below reflecting gas prices and ATM availability, and that the current sign is 21 feet in height and the new sign will be 22 feet in height. Shawn McSheffrey stated that the sign will be illuminated from within, will be in the same location as the current sign and that Mobil approached him about improving this sign. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing closed, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, all in favor 9-0.

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

POLICE AND LICENSE:

 

Petition for renewal of Billiard Table License by Marc Dionne dba Silver Cue Billiards, committee report was received “back for action.” Motion made and 2nd that the committee report be received, all in favor, 9-0. Alderman Drapeau stated that the ward Alderman was not at the committee meeting, that the petitioner was looking to extend his closing hours from 12:30 a.m. to 1:00 a.m., and that therefore no recommendation was made. Alderman Dwyer stated that he has no concern with the extension of the closing hours, that this is a good operation, that there have been no issues with the police department, and that the business is clean and well kept. Motion made and 2nd that the BILLIARD TABLE LICENSE be GRANTED, all in favor, 9-0.

Presented to the Mayor: April 6, 2007        s/Thomas L. McLaughlin April 6, 2007

 

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

Petition for renewal of Common Carrier License by M&L Transit Systems, Inc., committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: April 6, 2007        s/Thomas L. McLaughlin April 6, 2007

 

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

Petition for renewal of Taxi Cab License by Abdulla Nasser AACO Travel Taxi Services, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: April 6, 2007        s/Thomas L. McLaughlin April 6, 2007

 

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

Petitioner for renewal of Livery Licenses by George B. Pike dba Pike Executive Transportation and A Quality Limousine, LLC, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor,

9-0.

Presented to the Mayor: April 6, 2007        s/Thomas L. McLaughlin April 6, 2007

 

************************* ORDINANCE:

 

On the Order to amend Article III, Section 9-17 of the 1989 Woburn Municipal Code, as amended, relative to portable signs, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: April 6, 2007        s/Thomas L. McLaughlin April 6, 2007 _________________________

 

NEW PETITIONS:

 

Petitions for renewal of Livery Licenses by Checker Cab of Woburn, Inc., 289R Salem Street and American Classic Limousine, Inc., 215 Salem Street, Suite 8. Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON POLICE AND

LICENSES, all in favor, 9-0.

 

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

Petition for Taxi Cab License by Checker Cab of Woburn, Inc., 289R Salem Street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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

Petition for renewal of License to Sell Second-Hand and Personal Articles of Value and Collectibles by GameStop 3315, 103 Commerce Way . Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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

Petition for renewal of Bowling Alley License by Woburn Bowladrome, 32 Montvale Avenue. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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

Petition by Boston Onnuri Church, 73 Pine Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.57a of the 1989 Woburn Zoning Ordinances, as amended, to allow temporary storage at 73 Pine Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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

Petition by Philip Marshall, Trustee Marshal Family Turst, 71 Pine Street, Woburn,

Massachusetts 01801 for a special permit to allow parking of storage containers at 71 Pine Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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

Petition by Michael R. Tyminski, 14 Otis Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.5 of the 1989 Woburn Zoning Ordinances, as amended, to allow earth removal or filling at 14 Otis Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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

Petition by Atlantic Plywood, 8 Roessler Road, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a flammable storage room at 8 Roessler Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated March 23, 2007 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 20A½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending February 2007: number of tickets issued 511, number of tickets paid 419, number of hearings scheduled 167, number of tickets voided or dismissed 27, number of tickets outstanding 204, number of tickets issued by motorcycle officers 0, total dollar amount collected and turned into the Treasurer’s Office $14,917.20. There exists a backlog of 4,811 tickets for 1982 through 2006. Demands will be sent out until all tickets have been cleared. Parking violations turned over to Handicap Commission to date $1,800.00.

 

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.

 

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

A communication dated March 28, 2007 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the March meeting of the Council on Aging and the Director’s report for the month of January.

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

 

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

A communication dated March 26, 2007 was received from Attorney Jeanne S. McKnight and Attorney Jeffery D. Ugino, Kopleman and Paige, P.C. relative to recent legislation concerning county roads. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A communication dated March 27, 2007 was received from Attorney Leonard Kopelman, Kopelman and Paige, P.C. relative to cable television license issuance and renewal.

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

 

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

A communication dated April 3, 2007 was received from William Bishop, Executive Director, Woburn Public Media Center advising the City Council of improvements to the audio/visual system in the Council Chambers including a new sound system, microphones, speakers, a projector with a screen operated via remote control, new robotics, a professional grade CD recorder, the relocation of the cameras, rewiring of the internet connection, and moving the equipment cabinet to the former Committee Room. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A copy of a communication dated March 29, 2007 from Elizabeth Ware, Winchester Planning Board to City Engineer John E. Corey was received relative to peer review for the project located at 620 Washington Street, Winchester. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A communication dated March 29, 2007 was received from Winchester Planning Board and Board of Selectmen relative to the schedule of public information meetings relative to the project at 620 Washington Street, Winchester. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A copy of a communication dated March 16, 2007 from Frank S. DeMasi, 26 MacArthur

Road, Wellesley, Massachusetts 02482 to Vernon A. Williams, Secretary, Surface Transportation Board was received relative to New England Transrail Petition for Exemption. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON

FILE, all in favor, 9-0.

 

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

A copy of a communication dated March 20, 2007 from Attorney Stephen M. Richmond and Attorney Marc J. Goldstein, Beveridge and Diamond, P.C., 45 William Street, Suite 120, Wellesley, Massachusetts 02481 to the Surface Transportation Board entitled

Motion to Strike in the matter of New England Transrail, LLC Petition for Exemption. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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

A copy of a communication dated March 22, 2007 from Attorney Edward D. Greenberg and Attorney David K. Monroe, Counsel for New Jersey Department of Environmental Protection and the New Jersey Meadowlands Commission, Galland, Kharasch,

Greenberg, Fellman & Swirsky, P.C., 1054 Thirty-First Street NW, Washington, D.C 20007 to Vernon A Williams, Secretary, Surface Transportation Board was received relative to the New England Transrail Petition for Exemption. 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: 

 

A communication dated March 23, 2007 was received from His Honor the Mayor

Thomas L. McLaughlin as follows

 

Re: Edward E. Reil, Jr. – Board of Registrars of Voters

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Edward E. Reil, Jr., of 11 Veteran Road as a member of the Board of Registrars of Voters.

 

Mr. Reil will replace Donald Galante, whose term will expired on March 15, 2007.

 

Mr. Reil’s appointment will be effective on the date of confirmation by the City Council, and his year term will expire three years from that date.

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

 

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

A communication dated April 2, 2007 was received from His Honor the Mayor Thomas L. McLaughlin as follows

 

Re: Claudia Leis Bolgen – Planning Board

 

Dear Mr. Campbell:

 

By the power vested in my as Mayor of the City of Woburn, I hereby reappoint Claudia Leis Bolgen, whose term will expire April 30, 2007, of 15 Grant Street as a member of the Planning Board for a period of five years.

 

Ms. Leis Bolgen’s reappointment will be effective subject to the date of confirmation by the City Council, and her new term will expire five years from that date.

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

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

A communication dated April 2, 2007 was received from His Honor the Mayor Thomas L. McLaughlin as follows

 

Re: Ann D. Alongi – Council on Aging

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Ann D. Alongi of 79 Prospect Street as a member of the Council on Aging for a period of three years.

 

Ms. Alongi’s appointment will be effective subject to the date of confirmation by the City Council, and her year term will expire December 31, 2009.

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

 

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

A communication dated April 2, 2007 was received from His Honor the Mayor Thomas L. McLaughlin as follows

 

Re: Margaret Casey – Council on Aging

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Margaret Casey of 23 Wade Avenue as a member of the Council on Aging for a period of three years.

 

Ms. Casey’s appointment will be effective subject to the date of confirmation by the City Council, and her year term will expire December 31, 2009.

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

 

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

A communication dated April 2, 2007 was received from His Honor the Mayor Thomas L. McLaughlin as follows

 

Re: Theresa Donovan – Council on Aging

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Theresa Donovan of 74 Kilby Street as a member of the Council on Aging for a period of three years.

 

Ms. Donovan’s appointment will be effective subject to the date of confirmation by the City Council, and her year term will expire December 31, 2009.

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

 

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

A communication dated April 2, 2007 was received from His Honor the Mayor Thomas L. McLaughlin as follows

 

Re: Roland French – Council on Aging

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Roland French of 19 Maywood Terrace as a member of the Council on Aging for a period of three years.

 

Mr. French’s appointment will be effective subject to the date of confirmation by the City Council, and his year term will expire December 31, 2009.

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

RESOLVED Whereas, all water work has been completed on the street;

 

Now, Therefore, Be it Resolved that His Honor the Mayor instruct the Superintendent of Public Works to repave Sonar Drive from the intersection with Garfield Avenue to the cul-de-sac.

 

s/Alderman Gately

 

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

Presented to the Mayor: April 6, 2007        Thomas L. McLaughlin April 6, 2007

 

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

RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to

install a leveling course only on Jefferson Avenue from Prospect Street to Garfield Avenue in order to save the street from further deterioration

 

s/Alderman Gately

 

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

Presented to the Mayor: April 6, 2007        Thomas L. McLaughlin April 6, 2007

 

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

RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to repave Vining Court.

 

s/Alderman Gately

 

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

Presented to the Mayor: April 6, 2007        Thomas L. McLaughlin April 6, 2007

 

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

RESOLVED Whereas, through their efforts and demonstrated proficiency in their sport, the members of the 2006-2007 Woburn Memorial High School Boys

Varsity Ice Hockey Team participated in advanced competition; and

 

Whereas, the 2006-2007 Woburn Memorial High School Boys Varsity Ice Hockey Team were recognized as the MIIA Division I North Champions; and

 

Whereas, the members of the 2006-2007 Woburn Memorial High School

Boys Varsity Ice Hockey Team participated in the State Division I

Championship Game at the TD Banknorth Garden; and

 

Whereas, the members of the 2006-2007 Woburn Memorial High School Boys Varsity Ice Hockey Team have exemplified true determination in competitive sport all season;

 

Now, therefore, the City Council of the City of Woburn recognizes the efforts and accomplishments of the members of the 2006-2007 Woburn Memorial High School Boys Varsity Ice Hockey Team and bestows the best wishes of the community on their continued academic and athletic success.

 

s/Alderman Dwyer

 

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

Presented to the Mayor: April 6, 2007        Thomas L. McLaughlin April 6, 2007

 

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

RESOLVED Whereas, the  members of the 2006-2007 Woburn Memorial High School Hockey Cheerleading Squad have demonstrated a commitment to excellence in their both their academic pursuits and in the world of athletics; and

 

Whereas, the members of the 2006-2007 Woburn Memorial High School Hockey Cheerleading Squad have supported, encouraged and enhanced community spirit and Tanner Pride at all of the varsity hockey games for the past season; and

 

Whereas, the members of the 2006-2007 Woburn Memorial High School Hockey Cheerleading Squad have played an integral role in the success of the hockey program;

 

Now, therefore, the City Council of the City of Woburn recognizes the efforts and accomplishments of the members of the 2006-2007 Woburn Memorial High School Hockey Cheerleading Squad and extends the best wishes of the community on their future success.

 

s/Alderman Dwyer

 

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

Presented to the Mayor: April 6, 2007        Thomas L. McLaughlin April 6, 2007

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:35 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

                                                               City Clerk and Clerk of the City Council

Feedback