Meeting Agenda

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CITY OF WOBURN

MARCH 17, 2015 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

                                                                   Haggerty

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

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MAYOR’S COMMUNICATIONS: 

A communication dated March 2, 2015 was received from His Honor the Mayor Scott D. Galvin as follows:

Dear President Haggerty and Members of the City Council:

I have vetoed the Order, approved by the City Council, designed to change the Preliminary Election date to Tuesday, August 25, 2015.

The primary date established by the Order would be held two weeks before Labor Day – widely recognized as the unofficial end of summer – and many people are still away from the City or on vacation. I believe strongly this early date of August 25 would serve not only as an inconvenience to many voters, but would also reduce community participation in the electoral process.

The municipal preliminary election should be held on Tuesday, September 15, 2015.

Sincerely, s/Scott D. Galvin, Mayor

Motion made and 2^nd that the communication be accepted and made part of the record, all in favor, 9-0. Alderman Mercer-Bruen stated that she understands the spirit of the discussion to eliminate holding elections in the schools, that Woburn students do not go to school until after Labor Day, that many people are away in August and will not be in the city to vote, that the city is a ghost town in August, and that the vote should be held after Labor Day. Alderman Concannon stated that in committee he expressed concerns with the proposed date and voted against the Order because the questions had not been addressed, that he subsequently spoke with the City Clerk, that the issues centered on logistics, having sufficient time between the preliminary election and the general

election, the security of students in the schools and the convenience to voters, that he looked at the voter turnout of elections during various months, that there are logistics issues after Labor Day that cause issues, that there is a strong concern about holding elections with students in the schools, and that he determined this proposal was appropriate. Alderman Drapeau he concurs with the positions and research outlined by Alderman Concannon, and that this proposal allows sufficient time to run the elections.

Motion made and 2^nd to OVERRIDE THE VETO OF THE MAYOR, ROLL CALL:

Anderson – No, Concannon – Yes, DiTucci – Yes, Drapeau – Yes, Gaffney – Yes, Gately

– Yes, Mercer-Bruen – No, Raymond – Yes, Haggerty – Yes, MOTION PASSES, VETO OVERRIDEN.

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A communication dated March 12, 2015 was received from His Honor the Mayor as follows:

Richard Haggerty, City Council President

Members of Woburn City Council

I am writing to convey my support for the renovation of the Woburn Public Library (WPL) and construction of a new addition (the “Project”).  As you know, the City received a $9,900,000 construction grant for the Project from the Massachusetts Board of Library Commissioners (MBLC).    In addition, the City was recently awarded another state grant for the Project in the amount of $525,000.  Over the past four months, I have attended meetings with the Project Manager, Architect, Library Building Committee and the MBLC.   I have also visited a number of libraries in the area, and have witnessed the benefits that a modern library brings to a community.  I believe that it is time for the City to begin the much needed rehabilitation of the WPL and construction of a new addition.

Prior to submitting a  request to the City Council for approval of a bond authorization for the total cost of the Project, I  want there to be a clear understanding that the City will match both grants, and contribute a total of $10,500,000 towards the total project cost which, according to the Project Manager, was recently estimated to be $31,500,000.

The Current Estimated Project Costs are not fully covered by the available state grant funding, City contribution, Frizzell Trust funds, funds already raised and estimated Massachusetts Historical Tax Credits. The remaining estimated project cost are as follows:

Current Estimated Project Cost                                    $31,500,000

-State Grants                                                                 $10,400,000

-City Contribution                                                        $10,500,000

-Existing Library Funds                                               $ 4,600,000

-Estimated MA Historical Tax Credits                        $ 1,000,000

_________________________________________________________

Remaining Estimated Project Costs                             $5,000,000

In closing, the remaining estimated project costs must be addressed before I submit the bond authorization first, by reducing the size, scope and cost of the current estimated project cost, supplemented by aggressive new fundraising. I thank the City Council in advance for its consideration of this important matter, and look forward to discussing the Project in more detail in committee.

Sincerely, s/Scott D. Galvin, Mayor

Alderman Drapeau stated that he appreciates the position of the Mayor on this issue, that the proposal is a generous offer, and that he looks forward to the discussion in committee

on this matter. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON, all in favor, 9-0.

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ORDERED     That the sum of $37,452.00 be and is hereby transferred as so stated from

7 State Street Acct #360048-488207 $37,452.00 to Aldis Camera’s Traffic Detection Acct #360058-588207 $37,452.00

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

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

s/President Haggerty

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

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ORDERED     That the sum of $85,000.00 be and is hereby transferred as so stated from

Rubbish Removal Acct #0151552-529200 $85,000.00 to Landfill Acct #0151258-589760 $85,000.00

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

I hereby approve the above: s/John Fralick, Board of Health

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

s/President Haggerty

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

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PUBLIC HEARINGS:  

On the petition by NSTAR Electric Company for a grant of right in a way to install conduit a distance of about 40 feet in Wyman Street southwesterly from pole 242/20 approximately 37 feet north of Brae Circle, to install conduit a distance of about 22 feet in Wyman Street easterly from pole 242/21 approximately 25 feet west of Brae Circle, and to install conduit a distance of about 2274 feet in Brae Circle at and southerly at intersection of Wyman Street. PUBLIC HEARING OPENED. No one appeared for the petitioner. PUBLIC COMMENTS: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2^nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor

9-0.

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On the petition by Jennifer Hardin and Scott Hardin, 35 Avalon Road, Reading,

Massachusetts 01867 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended to allow for the change, extension and alteration of the existing nonconforming structure and nonconforming use (three residential units within two structures on one lot) to allow for the addition to one of the structures to provide for a total of four (4) dwelling units (two in each structure) and for a finding the such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood, at 19 Traverse Street. PUBLIC HEARING OPENED. A communication dated March 6, 2015 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 Jennifer and Scott Hardin, 19 Traverse Street, Woburn,

MA

Dear Mr. Campbell:

I respectfully request that the City Council public hearing on this matter presently scheduled for March 17, 2015 be continued to the City Council meeting on April 7, 2015. If you need any further information, please contact me. Thank you.

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

Motion made and 2^nd that the communication be received and made part of the record, all in favor, 9-0. Alderman Mercer-Bruen stated that this matter has been continued for

several months, and that she wants to know what is holding up this process. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON APRIL

21, 2015, all in favor 9-0.

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On the petition by Constitution Park Eight LLC, Robert W. Murray, Manager, 27

Cambridge Street, Burlington, Massachusetts 01803 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.30b to allow construction of a new 97,200 sq. ft. general office building with an additional 55,420 sq. ft. of under building parking space with associated improvements and landscaping at Constitution Way and Dragon Court. PUBLIC HEARING OPENED. A communication dated March 6, 2015 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 Constitution Park Eight LLC, Building 6, Constitution Way, Woburn, MA

Dear Mr. Campbell:

I respectfully request that the City Council public hearing on this matter presently scheduled for March 17, 2015 be continued to the City Council meeting on April 7, 2015. If you need any further information, please contact me. Thank you.

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

Motion made and 2^nd that the communication be received and made part of the record, all

in favor, 9-0. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON APRIL 21, 2015, all in favor 9-0.

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On the petition by Burns Landscaping & Construction, LLC, 68 Delwood Drive,

Tewksbury, Massachusetts 01876 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.57a, 5.1.57b and 7.3 to allow for the outside storage and parking of commercial motor vehicles, commercial trailers, trucks, storage containers and contractor’s equipment at 1095R Main Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “ought to pass, as amended, with the conditions as follows:

1. An updated plan of record be prepared that identifies adequate snow storage area(s).  Once the plans have been revised to depict adequate and appropriate snow storage areas, the plans so revised should be cited in the blank space in the following recommended condition of approval:

“Unless otherwise authorized, all construction shall conform to the Plan of Record which for this project shall be “_____________________________________”.

1. That any special permit granted in accordance with Section 5.1.57a (use of accessory storage or parking of storage container, storage trailer, commercial trailer or semi trailer) should be limited to a period of time not to exceed one year per Section 5, Note 17 of the Woburn Zoning Ordinance.  (It should be noted that the Woburn Zoning Ordinance does not impose the same time restrictions for uses granted a special permit under Section 5.1.57[b]).

1. All vehicles that will be parked on site overnight must be registered in the City of Woburn.

1. All signage must comply in all respects with the provisions of Section 13 (Sign Regulations) of the Woburn Zoning Ordinance.  All signage is subject to a separate application and approval process by the Department of Municipal Inspections.

1. Section 8.5.1. of the Zoning Ordinance requires security lighting for all parking facilities “which are used at night”.  If the Council determines that the overnight parking of vehicles (and the specifics of this business’s activities) will equate to the lot being “…used at night”, then the following condition of approval should be included:

“The plans should be revised to incorporate details of security lighting, and be shielded in such a manner that will prevent direct light from impacting abutting properties.”

1. Any proposed exterior refuse area(s) shall be enclosed with a sight-impervious fence six (6) feet in height.

1. No refuse area shall be emptied between the hours of 9:00 p.m. and 7:00 a.m.  Similarly, no refuse area shall be filled after the close of business.

1. The special permit shall be issued to Burns Landscaping & Construction, LLC  and shall not be transferrable.

1. That there shall be no more than three (3) storage trailers on site which must be renewed annually.

Appearing for the petitioner was Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that when there are extreme weather conditions such as this past winter there will be exceptions to the hours of operation however the hours in the conditions are the ordinary hours of operation, that the snow storage referenced in the plan is for the site, and that the petitioner will not be bringing snow to the locus from offsite. Attorney Tarby offered a revised plan dated March 17, 2015 and revised conditions for the City Council to review, the conditions reading as follows:

1. An updated plan of record be prepared that identifies adequate snow storage area(s).  Once the plans have been revised to depict adequate and appropriate snow storage areas, the plans so revised should be cited in the blank space in the following recommended condition of approval: “Unless otherwise authorized, all construction shall conform to the Plan of Record which for this project shall be “Proposed Site Plan 1095R Main Street, Woburn, Mass.” Dated March 17, 2015 prepared by Edward J. Farrell, Professional Land Surveyor, 110 Winn Street, Suite 203, Woburn, MA.

1. That any special permit granted in accordance with Section 5.1.57a (use of accessory storage or parking of storage container, storage trailer, commercial trailer or semi trailer) should be limited to a period of time not to exceed one year per Section 5, Note 17 of the Woburn Zoning Ordinance.  (It should be noted that the Woburn Zoning Ordinance does not impose the same time restrictions for uses granted a special permit under Section 5.1.57[b].

1. All vehicles that will be parked on site overnight must be registered in the City of Woburn.

1. All signage must comply in all respects with the provisions of Section 13 (Sign Regulations) of the Woburn Zoning Ordinance.  All signage is subject to a separate application and approval process by the Department of Municipal Inspections.

1. Section 8.5.1. of the Zoning Ordinance requires security lighting for all parking facilities “which are used at night”.  If the Council determines that the overnight parking of vehicles (and the specifics of this business’s activities) will equate to the lot being “…used at night”, then the following condition of approval should be included: “The plans should be revised to incorporate details of security lighting, and be shielded in such a manner that will prevent direct light from impacting abutting properties.”

1. Any proposed exterior refuse area(s) shall be enclosed with a sight-impervious fence six (6) feet in height.

1. No refuse area shall be emptied between the hours of 9:00 p.m. and 7:00 a.m.  Similarly, no refuse area shall be filled after the close of business.

1. The special permit shall be issued to Burns Landscaping & Construction, LLC and shall not be transferrable.

1. That there shall be no more than three (3) storage trailers on site which must be renewed annually.

1. The Petitioner’s hours of operation shall be Monday – Saturday 6:00 a.m. – 6:00 p.m.

Motion made and 2^nd that the documents be received and made part of the record, all in favor, 9-0. PUBLIC COMMENTS: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the ten conditions set forth in the document received from the attorney for the petitioner, all in favor, 9-0.

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On the petition by Alderman Michael Anderson that Section 2, Definitions, of the 1985

Woburn Zoning Ordinances as amended, be further amended by adding the definition

“MEDICAL MARIJUANA TREATMENT CENTER” between the definition of

“Massage Therapist” and “Menu Board/Order Board” as follows: MEDICAL

MARIJUANA TREATMENT CENTER:  An establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana or products containing marijuana and/or related supplies, for medical purposes; and further, to amend Section 5.1 – Table of Use Regulations of the 1985 Woburn Zoning Ordinances, as amended, by inserting a new line “33c MEDICAL MARIJUANA TREATMENT CENTER” after “33b Muscular Therapy” as follows: “-“ in R-1, R-2, R-3, R-4, B-N, B-H, B-D, B-I, I-P, I-G, S-1, S-2, O-P, OP-93, O-S, and “P” in IP-2, Notes 19b; and to further amend Section 5.1, Table of Use Regulations by adding Note 19b as follows: 19b. No MEDICAL MARIJUANA TREATMENT CENTER shall

be allowed: A. Within one thousand feet of a residential zoning district, public or private school, or church or other structure used in whole or in part all the time or part of the time for religious or spiritual services; B. Within one thousand feet of any facility where large numbers of minors regularly congregate; C. Within two thousand feet of a public park, playground, nursery school or day care center. PUBLIC HEARING OPENED. A communication dated March 11, 2015 was received from Tina P. Cassidy, Planning Director as follows:

Re: Alderman Anderson – Zoning Ordinance Amendments relative to Medical Marijuana

Dear Mr. Campbell and Members of the Council:

At a meeting of the Planning Board held on Tuesday, March 10, 2015, the Planning Board voted unanimously (6-0) to recommend to the Council that the following proposed amendments to the Zoning Ordinance be adopted:

1. Add the definition “MEDICAL MARIJUANA TREATMENT CENTER” to

Section 2, Definitions, between the definition of “Massage Therapist” and “Menu Board/Order Board” as follows:

MEDICAL MARIJUANA TREATMENT CENTER:  An establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana or products containing marijuana and/or related supplies, for medical purposes;

1. Amend Section 5.1 (Table of Use Regulations of the 1985 Woburn Zoning Ordinances, as amended) by inserting a new line “33c MEDICAL MARIJUANA TREATMENT CENTER” after “33b Muscular Therapy” as follows:

1. Amend Section 5.1, Table of Use Regulations by adding a Note 19b as follows:

“19b.  No MEDICAL MARIJUANA TREATMENT CENTER shall be allowed:

1. 1. Within one thousand feet of a residential zoning district, public or private school, or church or other structure used in whole or in part all the time or part of the time for religious or spiritual services;

1. 1. Within one thousand feet of any facility where large numbers of minors regularly congregate;

1. 1. Within two thousand feet of a public park, playground, nursery school or day care center.”

Please feel free to contact me if you have any questions relative to the Planning Board’s vote on this matter.

Respectfully, s/Tina P. Cassidy, Director

Motion made and 2^nd that the communication be received and made part of the record, all in favor, 9-0. Alderman Anderson stated that the prior moratorium has expired, and that some action had to be taken to address this issue. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 9-

0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

FINANCE:

On the Order to appropriate the sum of $140,000.00 from BLS/Ambulance Receipts Acct to Fire/Overtime Acct, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: March 19, 2015              s/Scott D. Galvin March 19, 2015 ************************* ORDINANCES:

On the Order to amend Sections 2-190(A) and  2-190(B) relative to sick leave, attendance records, vacation and other incentives for the City Solicitor, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: March 19, 2015                s/Scott D. Galvin March 19, 2015

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NEW PETITIONS:

Petition by YMCA of Greater Boston – North Suburban Branch, 137 Lexington Street,

Woburn, Massachusetts 01801 for a Special Event Permit to allow a road race in the Horn Pond area on June 28, 2015. Motion made and 2^nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-0.

Presented to the Mayor: March 19, 2015                s/Scott D. Galvin March 19, 2015

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Petition by M&L Transit Systems, Inc. for renewal of First Class Motor Vehicle Sales License. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

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Petition by Boston M4 Tech LLC, 500 West Cummings Park, Suite 1500, Woburn, Massachusetts 01801 for a new Livery License for one (1) vehicle. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND

LICENSES, all in favor, 9-0.

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Petition by Milano Jewelry LLC, 494B Main Street, Woburn, Massachusetts 01801 for renewal of a License to Purchase and Sell Second-Hand and Personal Articles of Value and Collectibles. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES with a communication to Det. Flynn of the Woburn Police Department requesting a review of the business and a recommendation to the Committee on Public Safety, all in favor, 9-0.

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Petition by NSTAR Electric Company dba Eversource for a grant of right in a way to install about 113 feet of conduit in Mishawum Road easterly from pole 30/29 approximately 776 west of School Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by Nardone Electrical Corporation, 100 Winchester Street, Medford, Massachusetts for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.57b and 7.3 to allow for the outside storage and parking of commercial motor vehicles and contractor’s equipment at 160 Olympia Avenue. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

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Petition by John P. Flaherty and Kathryn A. Flaherty, 28 West Street, Woburn,

Massachusetts 01801 for special permits pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 27 to allow for the conversion of a house of worship (St. Joseph’s Church) to allow for the following: 1. Six (6) dwelling units, 2. Landscape useable space of 30.5%, and 3. Front yard setback of 12.3 feet for the front steps, at 100 Washington Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petitions by Philip J. Malonson, Trustee, Step Two Realty Trust, 171 Cambridge Road,

Woburn, Massachusetts 01801, Melanson Development Group, Inc., 5 Robertson Way,

Woburn, Massachusetts 01801 and Eileen C. Marsan, 165 Cambridge Road, Woburn, Massachusetts 01801 to amend the Woburn Zoning Map as follows: 1. By changing the zoning district of the land located at Cambridge Road R found on Assessors Map 65-0813 described as vacant land from B-H to R-3, and 2. By changing the zoning district of the land located at 165 Cambridge Road found on Assessors Map 65-08-18 and 65-08-19 described as single family home and vacant land from R-1 to R-3. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0. _________________________

COMMUNICATIONS AND REPORTS: None.

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UNFINISHED BUSINESS OF PRECEDING MEETING: 

On the notice of intent to move for reconsideration filed by Alderman Drapeau relative to his vote in support of the motion to approve the Order to allow easement to NSTAR Electric Company for installation of a utility pole off Russell Street. Motion made by Alderman Drapeau and 2^nd to allow reconsideration of the vote to approve the Order to allow easement to NSTAR Electric Company for installation of a utility pole off Russell Street, all in favor, 9-0. Motion made and 2^nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: March 19, 2015                s/Scott D. Galvin March 19, 2015

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

RESOLVED Whereas, Woburn Center is the historical center of commerce and government in the city; and

Whereas, Woburn Center is increasingly a desirable location for residences as it was in the past; and  

Whereas, motor vehicles remain the single most important mode of transportation to the Center; and

Whereas, the recent improvement in the mix of businesses, offices and residences depends upon the ability of customers to travel to the downtown area; and

Whereas, if convenience to customers is not also improved in conjunction with the many new businesses, renovated buildings and construction of new buildings, the customer base needed to support the development may seek alternative locations to the detriment of the downtown area and the community; and

Whereas, a parking garage located in the center of the city will provide increased convenience for customers, residents and businesses in the general downtown area, will further improve the vitality of the area and will generate sufficient revenue to be a self-supporting resource for the community;

Now, therefore, be it resolved by the City Council that His Honor the Mayor appropriate the necessary funds, including authorizing the issuance of a bond, to enable the city to design and construct a three-deck parking garage in the Walnut Street parking lot as soon as practicable.

s/Alderman Gately, President Haggerty, Alderman Concannon,

Alderman DiTucci, Alderman Gaffney, Alderman Anderson,

Alderman Mercer-Bruen, Alderman Raymond, Alderman Drapeau

Alderman Gately stated that all Aldermen supported the Resolve to demonstrate to the Mayor how critical the City Council considers this issue, that the Walnut Street parking lot is an ideal location for the garage, that the city must address parking in order to attract more residents and businesses to the city, and that the Resolve indicates to the Mayor that the City Council will consider a funding Order that the Mayor might present for a garage.

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

Presented to the Mayor March 19, 2015 and ten days having elapsed without same being approved, said Resolve became effective without his signature on March 31, 2015.

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ORDERED     Be it Ordained by the City Council of the City of Woburn that the city hereby accepts Section 3 to 7, inclusive of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, creation, preservation and support of historic resources, the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use, the acquisition, creation, preservation and support of community housing, and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under such Act; that the amount of such surcharge on real property shall be one percent (1%) of the annual real estate tax levy against real property commencing in Fiscal 2016; and that the city hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act:  property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the city as defined in Section 2 of the Act;  $100,000 of the value of each taxable parcel of residential real property, and $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of chapter 59, of the General Laws;

Be it further Ordered that if a majority of the voters voting on said question vote in the affirmative, then the provisions of the Act shall take effect in the city on July 1, 2016;

Be it further Ordered that the city clerk place the following question on the November 3, 2015 municipal election ballot:

“Shall this city accept sections 3 to 7, inclusive of chapter 44B of the General Laws, as approved by its legislative body, a summary of which appears below?”

Be it further Ordered that the city solicitor communicate with the city clerk no later than September 4, 2015 for the purposes of submitting a fair, concise summary of the law to be acted upon for printing on the November 3, 2015 state election ballot with said question

s/Alderman Drapeau

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

LIAISON, all in favor, 9-0.

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

Article I, Section 3-6 the Building Commissioner is hereby authorized to

dispose of two (2) Dell desktop computers which the Building

Commissioner has determined is of no value to the department and which no other department has expressed an interest in obtaining.

s/President Haggerty

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

Presented to the Mayor: March 19, 2015                s/Scott D. Galvin March 19, 2015

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ORDERED     Be it Ordained by the City Council of the City of Woburn that Title 5, Article XII of the 1989 Woburn Municipal Code, as amended, be further amended as follows:

1. By deleting Section 5-68(A)(6) in its entirety and replacing same with the following:

6.   be managed from a base of operation, which is a fixed business address within the City of Woburn that is properly insured and zoned for said business or is a licensee who is allowed to operate at the location as may be otherwise permitted under the Zoning Code and whose vehicles shall each have two-way radio, telephone or mobile phone communications system.

1. By deleting Section 5-68(B)(4) in its entirety and replacing same with the following:

4.   have vehicles with a two-way radio, telephone or mobile phone communications system;

s/President Haggerty

Alderman Concannon stated that he met with the Police Department and that this amendment clarifies the language of the ordinance as they requested. Motion made and

2^nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, all in favor, 9-0.

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Motion made and 2^nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 7:30 p.m.

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council