City Council – 02/18/2014

DATE 02/18/2014
TIME 7:00 pm
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

FEBRUARY 18, 2014 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

Anderson – absent       Gaffney

Concannon                  Gately

DiTucci                       Mercer-Bruen – absent

Drapeau                      Raymond

Haggerty

_________________________

 

VOTED to dispense with the reading of the previous meeting’s Journal and to

APPROVE, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the amount of $30,000.00 be and is hereby appropriated from

Unreserved Fund Balance Acct #01-35600 $30,000.00 to Veteran’s Cash Veteran’s Cash Aid Acct 0154357-577000 $30,000.00

 

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

I hereby approve the above: s/Lawrence Guiseppe, Veteran’s Agent

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

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

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PUBLIC HEARINGS:  

 

On the petition by Linear Retail Woburn #1 LLC, 5 Burlington Woods Drive, Burlington, Massachusetts 01803 for special permits pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.29, 5.1.63A, 7.3, 8.2.5 and 12 to allow for the alteration of an existing non-conforming structure to allow for: 1. Approximately 9,250 square feet of existing space presently occupied by one retail tenant to be divided into three (3) tenant spaces: Tenant A containing approximately 2,600 square feet more or less of gross floor area; Tenant B space containing approximately 2,500 square feet more or less of gross floor area; and Tenant C space containing approximately 4,150 square feet more or less of gross floor area; 2. A fast food restaurant in the Tenant A space with an outdoor seasonal seating area; 3. A drive thru for Tenant B space (bank); 4. A reduction in the required parking space from 171 parking spaces to 148 parking spaces; 5. Alteration of nonconforming signage; and 6. That Condition 1 to the Landowner’s Decision and Notice of Special Permit dated February 20, 2011 be amended by deleting the reference to the Plan of Record and replace with the plan entitled “Site Plans for 299 Mishawum Road,

Woburn, MA 01801” dated November 30, 2013 prepared for Linear Retail Woburn #1

LLC, Five Burlington Woods Drive, Burlington, MA 01803 by Allen & Major Associates, Inc., all at 299 Mishawum Road. PUBLIC HEARING OPENED. A communication dated February 11, 2014 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows

 

Re: Special Permit Petition of Linear Retail Woburn #1 LLC – 299 Mishawum Road, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

As you know I represent Linear Retail Woburn #1 LLC on the above-referenced matter. At the request of the Committee on Special Permits, I respectfully request that the City Council Public Hearing on this matter presently scheduled for February 18, 2014 be continued to the City Council meeting on March 4, 2014. If you need any further information, please contact me. Thank you.

 

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

 

Motion made and 2nd to receive the communication and make it part of the record, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent). IN FAVOR: None.

OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED

TO THE REGULAR MEETING OF THE CITY COUNCIL ON MARCH 4, 2014 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

 

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Motion made and 2nd to take the next three matters collectively, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

 

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On the petition by NStar Electric Company for a grant of right in a way to install approximately 48 feet of conduit westerly on Jericho Road from pole #242/34 at the intersection of Wyman Street and to install approximately 212 feet of conduit easterly on Wyman Street from pole #242/32 approximately 230 feet east of Jericho Road. PUBLIC HEARING OPENED. A report was received from the Committee on Infrastructure and Public Lands as follows: “Back for action.” A communication was received from Jane M. Lyman, Comcast Government & Regulatory Affairs as follows: “We should complete transfer of our wires off these poles within three (3) weeks (weather permitting). Please let me know if you have any concerns about this time.” A communication dated February 13, 2014 was received from Superintendent of Public Works John Duran as follows:

 

Subject:   NStar Petition-Wyman Street Addendum

 

This letter is to clarify my prior memorandum on the Wyman Estates Subdivision. Melanson Development is required to install underground power to the proposed subdivision per the City of Woburn Subdivision and Regulations and the associated Decision by the Woburn Planning Board. Nstar has a request to relocate poles and to install underground conduit to service the proposed subdivision. The plan depicts relocation of a pole on Wyman Street and associated overhead lines from the adjacent pole on Jericho Road. This pole relocation is necessitated by the proposed entrance into the subdivision for electric service. The pole appears to be positioned properly as long as the overhead wires do not sag lower than the existing wires.

 

The location of the proposed underground conduit from the easterly end does not clearly identify whether the conduit would be located within the shoulder of the road or within the roadway itself. The Decision dictates that a sidewalk be added for a portion of this area. I recommend that the conduit be installed under this sidewalk or in the shoulder area based upon the proximity of the adjacent water main and other utilities. This roadway is presently in the 5 year moratorium. If this work is undertaken prior to the expiration date, this work or any other openings of the paved roadway will require that the pavement be milled and inlaid with new bituminous concrete. I recommend that the proposed conduit be accurately marked in the field for site review. After an agreed upon location is determined, the proposed conduit should be added to the record plan and discussed at a preconstruction meeting prior to excavation.  I recommend that this location can be field determined after site review by the DPW Superintendent or his designee.  NStar should add to the plan a proposed typical trench section with depths, manhole cut sheets and specifications, as well as a proposed restoration plan for disturbance of the proposed roadway.

 

I have re-evaluated my opinion as a condition of this permit based upon the City of Woburn Planning Board requirement. I recommend that NStar be required to remove any double poles within a 1000 foot radius from the subdivision. This work should be completed within one year from the issuance of this permit. If no double poles exist within this area, the requirement shall be waived. Please feel free to contact me with any questions, concerns or recommendations on this matter.

 

Appearing was Jacqueline Duffy, Right of Way Agent, NStar and she stated that she spoke to the Superintendent of Public Works relative to the Wyman Street petition. Bill Zamparelli, Community Relations Representative, NStar Electric and Gas Corporation stated that he spoke to the Superintendent of Public Works concerning the issue of double utility poles, and that he intends to convene a multiple utility committee to come to a resolution of the double utility pole issue. Alderman Drapeau stated that he does not agree with tying the double utility pole issue to a particular petition of an individual or development, that NStar has been disingenuous about attacking the double utility pole issue, that he cannot believe the amount of effort that has to go into removing a double utility pole, that he understands that a utility pole cannot be removed without a number of companies involved which also have wires connected to the pole, and that he is not confident that the work will be completed any time soon. Superintendent of Public Works John Duran stated that he clarified his position on the Wyman Street petition with a supplemental report, that on new subdivisions underground power is required, that he recommends any double utility poles within a 1,000 foot radius of a new subdivision be removed, that as to the Wyman Street petition there are no double utility poles within this radius, that as to the Woburn Parkway and Liberty Avenue petitioner the work is in the city roadway and the city should tie the project to the removal of double utility poles, and that he recommends removal of twenty double utility poles. Alderman Raymond stated that he worked on the double utility pole issue seven years ago, that there was going to be an ordinance relative to double utility poles tied to a development, that the time he was informed that the State Legislature was working on a bill that would address the issue and he took no further local action, that the bills are still pending in committee at the State House, that there are four double utility poles in front of a new $35,000,000.00 project in North Woburn, and that he will move forward with the double utility pole ordinance as nothing will get done on the issue otherwise. Mr. Zamparelli stated that the utility poles are a utility highway in every community be which properties are connected, that a number of utility wires are underground and others are on utility poles, that last year 40 double utility poles were removed and 35 were installed in Woburn, that the year before that 84 double utility poles were removed and 29 were installed, that there are many reasons for the presence of double utility poles including traffic accidents and construction projects, that there will never be no double utility poles, that the difficulty is coordinating all the companies with wires on the utility poles to move the lines to the new utility pole, that all the utility companies using the utility poles including the city maintain a list of all double utility poles in every community, that NStar has responsibility to set and remove utility poles in Woburn, that in other communities Verizon has the responsibility to set and remove utility poles, that uses of the utility poles include electric, fire alarm, street lights, cable television, telephone and others, and that generally electric wires are moved first followed by fire alarm or cable television and then fiber optics. Superintendent Duran stated that he received an updated list of the double utility poles from NStar at the last meeting, that he is trying to coordinate an updated list with his records, and that he asks Alderman to advise him of any double utility poles in their wards so that he has a complete list. Mr. Zamaparelli stated that NStar tries to transfer their wires within three weeks of setting a new pole, that NStar does not want to be a barrier to other companies moving their wires, that at times NStar will cut the bottom and top off a utility pole leaving a six to eight foot section called a chunk which is lashed to the new utility pole, and that the other companies then move their wires off the chunk to the new utility pole. Superintendent Duran stated that he has a longer list of double utility poles than the NStar list, and that it will be necessary to review the lists and agree on a complete list. Alderman Concannon stated that cooperation is strong among the utilities under the Dig Safe program when their lines and the disruption of their lines is involved however when there are double utility poles there does not seem to be the same concern. Superintendent Duran stated that Dig Safe is in place because it is the law. Alderman Drapeau stated that there should be ordinances regulating double utility poles in the community, that fines should be imposed if the double utility poles are not removed, that the fine can be imposed on the next company in line who is delaying the removal of the lines, and that he does not want to penalize someone who is trying to obtain new service or upgraded service because of a double utility pole. Mr. Zamparelli stated that there are also union issues involved with this issue, and that there are typically 4,000 utility poles in a city of this size and there may be 100 double utility poles in place at any given time, that there will never be zero double utility poles. Alderman Gately stated that the Wyman Street project is governed by subdivision control, that the issue is not just double utility poles but the chunk poles that cause concern as well, that the double utility poles are unsightly, a menace and dangerous, that the double utility poles often obstruct the line of sight, that the double utility poles causing the worst conditions should be removed first, and that the determination of which poles are causing the worst conditions can be coordinated through the Superintendent of Public Works. Superintendent Duran stated that he is confident the city will come to an agreement with the utilities on the number of double utility poles, and that his department will not be issuing any street opening permits until April 15, 2014. Alderman Gately stated that the Woburn Housing Authority should be involved in the Liberty Avenue project. Superintendent Duran stated that Liberty Avenue is under the control of the Woburn Housing Authority however the Department of Public Works is responsible for the utilities, and that he only makes recommendations as to these grant of right in a way petitions. Mr. Zamparelli stated that these petitions usually have a customer waiting for service on these projects, and that holding up a project may affect financing of the project. Superintendent Duran stated that there is no issue with double utility poles on Wyman Street, and that there needs to be clarity as to where the Wyman Street conduit will be installed. Motion made and 2nd to continue the public hearings on the Woburn Parkway and Liberty Avenue petitions to the City Council Regular Meeting on March 18, 2014, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent). Motion made and 2nd to close the public hearing as to the Wyman Street petition and that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the

amendment as follows: 1. That NStar shall provide a detailed plan as to the location of where the conduit will be installed, 6 in favor, 0 opposed, 2 absent (Anderson, MercerBruen absent), 1 abstained (Concannon abstained).

Presented to the Mayor: February 20, 2014        s/Scott D. Galvin February 20, 2014

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On the petition by NStar Electric Company for a grant of right in a way to install approximately 55 feet of conduit south on Water Street northeasterly from pole #299/12 at the intersection of Woburn Parkway and install approximately 890 feet of conduit and also installing two (new) manholes (MH29735 and MH29736) in Woburn Parkway northerly at the intersection of Water Street. A report was received from the Committee on Infrastructure and Public Lands as follows: “Back for action.” A communication was received from Jane M. Lyman, Comcast Government & Regulatory Affairs as follows: “We should complete transfer of our wires off these poles within three (3) weeks

(weather permitting). Please let me know if you have any concerns about this time.” IN

FAVOR: None. OPPOSED: None. SEE RECORD NOTES OF PRECEDING MATTER.

Motion made and 2nd to continue the public hearings on the Woburn Parkway and Liberty Avenue petitions to the City Council Regular Meeting on March 18, 2014, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

 

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On the petition by NSTAR Electric Company for a grant of right in a way to install approximately 589 feet of conduit on Liberty Avenue easterly from MH22423 at the intersection of Eastern Avenue and install two new manholes (MH29793 and MH29792). PUBLIC HEARING OPENED. A communication dated February 13, 2014 was received from Superintendent of Public Works John Duran as follows:

 

Subject:   NStar Petition-Liberty Avenue

 

Pursuant to the request from NStar Electric for the Grant of Way for the installation of underground conduit and manholes through the Liberty Avenue Housing Development, I recommend the following based upon review of a plan dated 12-9-14.  The plan has a disclaimer that states the information does not represent a survey. A brief site inspection was performed and the utilities generally appear to be accurately shown. However, this roadway is narrow and I recommend that a modified plan be prepared which depicts all marked out utilities by field survey with both horizontal and vertical control including all rims, inverts etc. for readily accessible structures. This would allow for a more accurate evaluation of utilities and any crossing that may be encountered in the field. This would mitigate any disturbance to residential customers in this area. The proposed locations of all conduits and manholes should be marked out on the ground for an evaluation prior to excavation and discussed at a preconstruction meeting. NStar should include a plan depicting proposed typical trench sections with depths, manhole cut sheets and specifications, as well as a proposed restoration plan for disturbance of the proposed roadway. Once a designated trench is approved by the DPW in the field, the contractor should cut the trench in a uniform manner. The roadway can then be restored properly to appropriate widths designated by the City Council or by the DPW Superintendent. I also recommend that the Woburn Housing Authority (WHA) be consulted for their input on this matter.

 

In my professional opinion, it should be a condition of this type of municipal permit, that

NStar be required to remove 20 double poles from various ways within the City of Woburn as designated by the Superintendent of Public Works. This work should be completed within one year from the issuance of this permit. Please feel free to contact me with any questions, concerns or recommendations on this matter.

 

IN FAVOR: None. OPPOSED: None. SEE RECORD NOTES OF PRECEDING

MATTER. Motion made and 2nd to continue the public hearings on the Woburn Parkway and Liberty Avenue petitions to the City Council Regular Meeting on March 18, 2014, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent). _________________________

 

 CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to transfer the sum of $100,000.00 from BLS/Ambulance Receipts Acct to Fire/Overtime Acct, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

Presented to the Mayor: February 20, 2014        s/Scott D. Galvin February 20, 2014

 

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On the petition by Stephen Miele for an exemption pursuant to M.G.L. Ch. 268A, Sec. 29(b) to allow the provision of snowplow services to the city, committee report was received “ought to pass, with the following conditions: 1. The snowplowing services would have to be such so as to be provided outside the normal working hours of the employee; 2. The snow plowing services could not be a part of the municipal employee’s regular duties; 3. The overall compensation for the snowplowing work could not exceed 800 hours during a calendar year; 4. The head of the Department of Public Works would have to file a written certification with the City Clerk that no employee of his Department is otherwise available to perform the services as part of their regular duties; and 5. The City Council would have to approve the particular exemption of any particular employee.” Motion made and 2nd that the EXEMPTION PURSUANT TO M.G.L. Ch. 268A, Section 29(b) be GRANTED with the conditions in the Committee Report as further amended with the amendment as follows: 1. That “800” in Condition 3 be stricken and “500” be inserted in its place, 7 in favor, 0 opposed, 2 absent (Anderson, MercerBruen absent).

Presented to the Mayor: February 20, 2014        s/Scott D. Galvin February 20, 2014

 

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On the petition by David Pruyne for an exemption pursuant to M.G.L. Ch. 268A, Sec. 29(b) to allow the provision of snowplow services to the city, committee report was received “Back for action”. Motion made and 2nd that the EXEMPTION PURSUANT TO M.G.L. Ch. 268A, Section 29(b) be GRANTED with the following conditions: 1. The snowplowing services would have to be such so as to be provided outside the normal working hours of the employee; 2. The snow plowing services could not be a part of the municipal employee’s regular duties; 3. The overall compensation for the snowplowing work could not exceed 500 hours during a calendar year; 4. The head of the Department of Public Works would have to file a written certification with the City Clerk that no employee of his Department is otherwise available to perform the services as part of their regular duties; and 5. The City Council would have to approve the particular exemption of any particular employee, 6 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent), 1 abstained (Gately).

Presented to the Mayor: February 20, 2014        s/Scott D. Galvin February 20, 2014

 

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On the petition by Robert Pruyne for an exemption pursuant to M.G.L. Ch. 268A, Sec. 29(b) to allow the provision of snowplow services to the city, committee report was received “Back for action”. Motion made and 2nd that the EXEMPTION PURSUANT TO M.G.L. Ch. 268A, Section 29(b) be GRANTED with the following conditions: 1. The snowplowing services would have to be such so as to be provided outside the normal working hours of the employee; 2. The snow plowing services could not be a part of the municipal employee’s regular duties; 3. The overall compensation for the snowplowing work could not exceed 500 hours during a calendar year; 4. The head of the Department of Public Works would have to file a written certification with the City Clerk that no employee of his Department is otherwise available to perform the services as part of their regular duties; and 5. The City Council would have to approve the particular exemption of any particular employee, 6 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent), 1 abstained (Gately).

Presented to the Mayor: February 20, 2014        s/Scott D. Galvin February 20, 2014

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NEW PETITIONS:

 

Petition by Boys and Girls Club of Woburn, Charles Gardner Lane, Woburn,

Massachusetts 01801 for a special events permit to allow a road race and health walk on

May 4, 2014 at Library Field, Horn Pond and environs. Appearing was Dirk Slagmolen, 4 Forest Park Road for the Boys and Girls Club of Woburn and he stated that this is the fifth year of the event, that the past years have been a great success, that that the race starts at 11:00 a.m., that the last runner will be through the Horn Pond area by 11:30 a.m., that this is a 5K or 3.1 mile race, that the Horn Pond area is one mile into the road race and then approximately one mile through the Horn Pond area, that they have already begun advertising the race, that they are going to be before the License Commission for a special event liquor license this week, that all parking for the event will be at Library Field, and that he can attend any committee meetings to coordinate the event with the competing event. Alderman DiTucci is concerned about two events being held at Horn Pond and the impact on parking in the area, that this is a local event that benefits the community, and that she would be inclined to approve this petition and refer the Shriners petition to committee for review. Alderman Concannon stated that he is concerned that the License Commission might not entertain the liquor license application if the petition is not approved, and that the Shriners petition indicates 20 to 30 participants which should not impact this petition. President Haggerty stated that the matter could be sent to committee to clarify issues. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

Presented to the Mayor: February 20, 2014        s/Scott D. Galvin February 20, 2014

 

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Petition by Shriners Hospital for Children Burn Center, 51 Blossom Street, Boston, Massachusetts 02114 for a special events permit to allow a walk on May 4, 2014 with a rain date on May 18, 2013 at Horn Pond. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

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COMMUNICATIONS AND REPORTS:

 

A communication dated January 29, 2014 with attachment was received from City Auditor Gerald Surette as follows:

 

Subject: Order of Appropriations of 6/21/2012

 

The appropriation of June 21, 2012, as a required condition, was to be closed to the general fund. The appropriations that have not been expended or encumbered have now been closed to the general fund.

 

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

 

Respectfully, s/Gerald Surette, City Auditor

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

 

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A communication dated January 30, 2014 was received Building Commissioner Thomas C. Quinn, Jr. as follows:

 

Re: 9 Forbes Road Comcast

 

With regard to the above referenced, the City Council at its meeting of August 6, 2013 adopted a report of the Special Permits Committee allowing for the reduction of parking for Lawless from 180 parking spaces to 70 parking spaces to accommodate a new tenant Comcast. This action was required due to condition 1 of the Special Permit granted February 5, 2013. On August 13, 2013 Comcast was issued an occupancy permit for a portion of the building as condition 1 was satisfied.

 

The parking requirement for the Comcast operation was calculated at 74 parking spaces with no indication from the building owner or Comcast that there would be any overnight parking. During a site visit by this writer after Comcast occupancy was issued verifying the Lawless parking count it was noticed that there were many commercial Comcast vehicles being parked overnight at this location without any approvals.

 

As of this time there is sufficient parking to accommodate the uses of Lawless and Comcast; however any further tenants of the building would also be required to meet the requirements of the Woburn Zoning Ordinances Section 8 and also condition one of the Lawless Special Permit of February 5, 2013.

 

If you have any additional concerns with this matter do not hesitate to contact me.

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent). *************************

A communication dated February 10, 2014 with attachments was received from Human Resources Director Jan Robbins Cox as follows:

 

Dear President Haggerty and Members of the Council:

 

As recently ordered, I am providing you with a Job Description for the position of Woburn City Auditor. This is a new job description and has been reviewed with the current City Auditor to ensure it is accurate and complete.

 

Additionally as ordered, I am providing you with a list of salary comparisons for comparable jobs in nearby or similar municipalities. As you can see, the Woburn total compensation for City Auditor is 6.4% less than the average of the other municipalities. This is of special concern since the current incumbent in Woburn is a long-term employee.

 

If you have any questions or I can be of additional assistance, please let me know.

 

Sincerely, s/Jan Robbins Cox, Director of Human Resources

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

PERSONNEL, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

 

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A communication dated February 5, 2014 was received from June Mackenzie, 20 Mount Pleasant Street, Woburn as follows:

 

Dear Council members,

 

As a representative of the Woburn Community Preservation Committee, I would like to request that our committee be given an opportunity to deliver a presentation on March 18. We would like to get the Community Preservation Act on the ballot in November of 2014 and are hoping to have the support of the Council.

 

If that date is available, we would be happy to take the next available date.

 

Thank you very much for your consideration of our request.

 

Sincerely, s/June Mackenzie

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS: 

 

A communication dated February 13, 2014 with attachments was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear President Haggerty and Members of the City Council:

 

I am pleased to inform your Honorable Board that I have selected Tina P. Cassidy to serve as the Planning Director/Redevelopment Authority Administrator for the City of Woburn. Ms. Cassidy has extensive experience in municipal planning and most recently served as the Planning Board Director for the City of Beverly. Her experience, education and affiliations make her an ideal candidate to help the City continue to move in a positive direction, by maximizing our potential through responsible growth.

 

In accordance with the Woburn Municipal Code, Title 2, Article XVII, Section 2-128, I respectfully request your confirmation of Ms. Cassidy as the Planning

Director/Redevelopment Authority Administrator. I have attached a copy of her cover letter and resume for your review. Please feel free to call with any questions.

 

Sincerely, s/Scott D. Galvin, Mayor

 

Alderman Concannon asked if there was precedent for this action. President Haggerty stated that the Mayor appoints the Planning Director with confirmation by the City Council. Alderman Drapeau stated that there has been no turn over in the Planning Board office for some time, that this is an important position, that the Planning Director crafts the direction of the city, that the City Council needs to look at each candidate finalist, that he wants to know how the decision was made and what questions were asked, that the City Council can interview the selected candidate, that he does not like deciding on this issue without all the facts, and that the Mayor carries weight in this decision as does the City Council as the confirming body. Alderman DiTucci stated that she would not agree to have the candidates before the City Council as the City Council is not the appointing authority, that she is interested in what experiences are available for this position, that this allows the City Council to evaluate the candidate, and that this is a critical position

with potential to change the face of Woburn. Motion made and 2nd that the MATTER be

REFERRED TO COMMITTEE ON PERSONNEL, AS AMENDED with the

amendment as follows: 1. That a communication be forwarded to His Honor the Mayor requesting the names, cover letters and resumes of the top three candidates interviewed for the position as well as the questions asked and answers given during the interviews, 6 in favor, 1 opposed (Haggerty opposed), 2 absent (Anderson, Mercer-Bruen absent).

 

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A communication dated February 13, 2014 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint William Callahan, 14 Kennedy Road, to serve on the Woburn Public Library Board of Trustees, with a term to expire March 2, 2016; subject to confirmation by the City Council.

 

Mr. Callahan’s appointment fills a vacant seat on the Board.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

PERSONNEL, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     Be It Ordained by the City Council of the City of Woburn that Title 12, Article XIV, Section 12-54 of the 1989 Woburn Municipal Code, as amended, be deleted in its entirety and replaced with the following:

 

12-54 Permit Application Fee.

 

The Permit Application Fee shall be twenty-five dollars ($25.00) per event sponsored by non-profit entities and fifty dollars ($50.00) per event sponsored by commercial and for profit entities. The Permit Application Fee shall be paid upon filing of the application to the City Clerk’s office unless otherwise under the sole jurisdiction of the Recreation Commission in which case the fee shall be paid to the Recreation Commission. The permit application fee shall not apply to block party events.

 

s/Alderman Anderson

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

ORDINANCES, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

 

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ORDERED     That the City Auditor provide the City Council with a financial breakdown of the Fire Department Overtime account over the course of the last five fiscal years as well as Fiscal Year 2014.

 

s/President Haggerty

 

Motion made and 2nd that the ORDER be ADOPTED, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

Presented to the Mayor: February 20, 2014        s/Scott D. Galvin February 20, 2014

 

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ORDERED     That the City Auditor provide the City Council with a financial status update of the Snow and Ice Removal budget for Fiscal Year 2014.

 

s/President Haggerty

 

Motion made and 2nd that the ORDER be ADOPTED, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

Presented to the Mayor: February 20, 2014        s/Scott D. Galvin February 20, 2014

 

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ORDERED     Whereas, the City of Woburn acquired certain property in Woburn, Middlesex County, Massachusetts commonly referred to as Leland Park for the purpose of constructing a park or playground thereon by Order effective May 23, 1936;

 

Now, Be It Hereby Ordered that the land in Woburn commonly referred to as Leland Park be used for park and recreation purposes pursuant to Chapter 45, Section 14 of the General Laws.

 

s/President Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON INFRASTRUCTURE AND PUBLIC LANDS, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

 

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RESOLVED That the Committee on Public Safety and Licenses meet with the Police Chief and the Fire Chief, as their schedules permit, for the purpose of receiving an update on matters pertaining to the departments, and

 

Further, that the Committee on Public Safety and Licenses be and is hereby authorized to call such meetings with the Police Chief and the Fire Chief on a periodic basis as it deems necessary for the purposes of receiving continued updates on public safety issues in the city.

 

s/Alderman Concannon

 

Motion made and 2nd that the RESOLVE be ADOPTED, 7 in favor, 0 opposed, 2 absent (Anderson, Mercer-Bruen absent).

Presented to the Mayor February 20, 2014 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on March 4, 2014.

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Motion made and 2nd to ADJOURN, 7 in favor, 0 opposed, 2 absent (Anderson, MercerBruen absent). Meeting adjourned at 8:10 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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