medford city council agenda 6.05.07

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    City Council Agenda 06/05/2007Printer-Friendly Version

    clip_image002.jpgMedford City CouncilThe Nineteenth Regular Meeting

    Medford, MassachusettsJune 5, 2007

    City CouncilPresident Robert M. MaioccoVice President Breanna LungoStephanie Muccini BurkePaul A. CamusoFrederick N. Dello Russo, Jr.Michael J. MarksRobert M. Penta

    Council President Robert A. Maiocco called the Nineteenth Meeting of the MedfordCity Council at 7:00 P.M. at the Howard F. Alden Memorial Auditorium, MedfordCity Hall.ROLL CALL

    SALUTE TO THE FLAG

    RECORDS

    The records of the meeting of May 22, 2007 were passed to Councillor Dello Russo

    PETITIONS, PRESENTATIONS AND SIMILIAR MATTERS

    07-466-Petition by Donald Ward Cranley, Wards Gifts, 44 High Street, Medford

    To: The Honorable City CouncilMedford City Hall85 George P. Hassett DriveMedford, MA. 02155

    Dear Councillors

    The businesses listed below respectfully request that a permit be granted from the Honorable membersof the Medford City Council for the purpose of outdoor vending during our Annual Sidewalk Sale

    Wards Gifts 44 High StreetMedford Toys 68 High Street

    The Sale will be held July 25-28. The nature of this sale neceeitates that we set up tables, sales displaysand similar devices on the sidewalk in front of our stores. Copies of our insurance policies for thisevent are on file with the city from last year and have not expired. Thank you for your consideration.

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    Sincerley,Donald Ward CranleyWards Gifts

    On file attached to last years permits (Insurances)

    07-475-Petition by Themistoklis Zarnogeorgos, 12-15 Crane Brook Way, Peobody d/b/a Alamos RoastBeef at 21 Salem Street, Medford for a Common Victuallers License

    On FileApplicationBusiness Certificate #103PetitionBuilding Dept.Fire Dept.Traffic ImpactHealth Dept.TreasurerState Tax FormLetter of Compliance Request

    Hours of Operation Mon-Sun 10:00 AM-11:00 PM

    MOTION, ORDERS AND RESOLUTIONS

    07-470-Offered by Councillor CamusoBe it Resolved that the Medford City Council sends its sincere condolences to the family of PasqualeFaggiano who passed away recently. Mr. Faggiano is the father of Medford Fire Department LieutenantPaul Faggiano.

    07-471-Offered by Councillor CamusoBe it Resolved that the Medford City Council sends its sincere condolences to the family of JoanLazzaro who passed away recently. Mrs. Lazzaro is the mother of Medford School departmentemployees John and Michael Lazzaro.

    07-472-Offered by Councillor CamusoBe it Resolved that the Medford City Council sends its sincere condolences to the family of NancyCepas. Mrs. Cepas is the mother of Medford School Department employee Cheryl Maiocco and themother in law of Medford City Council President Robert Maiocco.###07-473-Offered by Councillor CamusoBe it Resolved that the Medford City Council sends its sincere condolences to the family of John"Jack" McClosky. Mr. McClosky is the husband of Mrs. Mary Chubbs of Medford.

    07-474-Offered by Councillor Burke

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    Whereas, shade structures at Playstead Park have been removed due to vandals,Whereas, there is no shade in the playground at this time,Whereas, parents have requested such a structure,

    Be it resolved, that the council go on record in support of installing a metal shade structure at PlaysteadPark and that funds be appropriated from the Linkage account-Parks

    COMMUNICATIONS FROM THE MAYOR07-467

    May 23, 2007

    To: The President and Members of theMedford City Council

    From: Mayor Michael J. McGlynnRe: Land of Dell Avenue, Medford, MA.

    Approval under G.L. c. 40 3

    Dear President Maiocco and Members of the Medford City Council:

    I respectfully request and recommend that your Honorable Body, pursuant to the provisions of G.L. c40 3, approve and authorize the sale and transfer of the real estate identified as Lots A & B on theSub-Division Plan prepared by Medford Engineering & Survey dated April 3, 2006 to Rich-Mar RealEstate Development Co., Inc. of 366 Salem Street, Medford, MA 02155 for the sum of $76,800.00.The President and Treasurer of the corporation is Marc Cutler.

    The terms of the sale will be further governed by the provisions of a Purchase and Sale Agreement tobe entered into between the City of Medford and Rich-Mar Real Estate Development Co., Inc. Theseterms shall reflect the requirements that the Purchase and Sale will not contain any contingencies andthat the closing will take place within thirty (30) days of the signing of the Purchase and SaleAgreement.

    Respectfully Submitted,(Signature on file w/paper)Mayor Michael J. McGlynn

    07-468

    REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER $1,000.00ACCOUNT #010-151-5762

    Date: May 23, 2007

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    To: The President and Members of theHonorable Medford City Council

    Fr: Michael J. McGlynn, Mayor (Signature on file w/paper)

    Claimant Name: Safety Insurance Company-File #03-191Date of Accident: December 14, 2003Date of Settlement: May 11, 2007Date of Trial Result: NAAmount of Request: $2,991.64Claimants Attorney: OKeefe & Gale

    Description of Alleged Claim:

    In this subrogation case, the claimant insurer, Safety Insurance Company, seeks reimbursement forpayments made to its insured, Michael McDonald, 172 Peregrine Road,, Abington, MA, when hisparked vehicle was damaged by a City of Medford snow plow driven by Steven Tenaglia. The accidentoccurred on December 14, 2003 and McDonalds vehicle was parked on Morrison Street. The total indamages paid by the Safety Insurance Company was $3,988.85. The necessary Releases have beenobtained from the claimant.

    Breakdown to Amount Requested:

    Medical Cost: -0-Lost Wages: -0-Property Damage: $2,991.64Other:Total Settlement: $2,991.64

    07-469May 23, 2007To the Honorable Presidentand Members of the Medford City CouncilCity HallMedford, MA 02155

    Dear Mr. President and City Councillors:

    I respectfully request and recommend that your Honorable Body address and adopt the following onbehalf of Sign & Pictorial Local #391.

    WHEREAS: Clear Channel is the worlds largest outdoor advertiser with over 800,000out-of-home displays, including billboards in Medford; andWHEREAS: Recently, twenty-five union members of Sign & Pictorial Local #391voted

    to strike after the company imposed wage and benefit cuts, along withsignificant changes in hours and working conditions; and

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    WHEREAS: Members of the union had been working without a contract for 18 months;and now therefore be it

    ORDERED: That the City be and hereby is requested to cease all discussions andaccommodations with Clear Channel with regard to the advertisingboards that Clear Channel owns, including cutting or pruning trees;

    and be it further

    ORDERED: That the City be and hereby is requested to direct the InspectionalServices Department to inspect the structural integrity of all billboards;and be it further

    ORDERED: That the City be and hereby is requested to direct the Law Department todraft an amendment to the Municipal Code to provide that failure toadequately maintain billboards after notice will result in permanent lossof permits; and be it further

    ORDERED: That this City Council go on record urging Clear Channel to resumenegotiations with Painters District Council #35/Sign Local #391 andcancel the contract with out of state workers; and be it further

    ORDERED: That this City Council go on record asking Clear Channel to disclosethe names, addresses, and all licenses consistent with industry standardsof any Clear Channel employee, agent, or subcontractor intending to dowork in Medford to ensure that these workers have the proper licensesto do this work; and be it further

    ORDERED: That the City be and hereby is requested to direct the Inspectional ServicesDepartment to investigate that these out of state workers are properly

    certified due to safety standards; and be it further

    ORDERED: That the City be and hereby is requested to confer with the appropriatedepartments to ensure that Clear Channel provide a paid strike policedetail whenever a Clear Channel or subcontractor of Clear Channel truckenters Medford to do work or site visits of billboards in order toadequately protect for public access and safety; and be it further

    ORDERED: That the Clerk be and hereby is requested to forward a suitably engrossedcopy of this resolution to Clear Channel and Painters District Council

    #35 and every Medford property/business owner who hosts a billboard onbehalf of the entire City Council; and be it further

    ORDERED: That the City be and hereby is requested to report back its findings to theCity Council.

    Representatives of Sign & Pictorial Local #391 may be in attendance to address your Honorable Body.

    Very truly yours,(Signature on file with paper)

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    Michael J. McGlynn,MAYOR#MJM:lmc##

    ##07-475#June 1, 2007#To the Honorable President andMembers of the City CouncilCity HallMedford, MA 02155#Dear Mr. President and City Councillors:#I respectfully request and recommend that your Honorable Body approve the following Loan Order:LOAN ORDER#BE IT ORDERED: That the sum of $385,000.00 is hereby appropriated for the purpose of financingthe acquisition and equipping of new fire apparatus and equipment, including costs incidental andrelated thereto, and that to raise such appropriation, the City Treasurer, with the approval of the Mayor,is hereby authorized to borrow the sum of $385,000.00 under and pursuant to Chapter 44, Section 7(9)of the General Laws as amended and supplemented, or any other enabling authority, and to issue bondsor notes therefore; that the City Council hereby declares its intention to finance, on an interim basis, thecost of the aforesaid equipment, which costs are reasonably expected to be reimbursed with theproceeds of the debt authorized hereby, and that this Order shall constitute a declaration of the officialintent adopted pursuant to the requirements of the Treasury Regulations Section 1.103-18 (a) through1.103-18 (1).Very truly yours,(Signature on file w/paper)Michael J. McGlynn,MAYORMJM:lmc#07-476June 1, 2007#To the Honorable President andMembers of the City CouncilCity HallMedford, MA 02155#Dear Mr. President and City Councillors:#I respectfully request and recommend that your Honorable Body approve the following Loan Order:

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    LOAN ORDER#

    Be it ordered: That the sum of $295,000.00 be and hereby is appropriated to pay for costs ofconstructing a memorial honoring Medfords servicemen and women that served in World War II, andin the Korean and Viet Nam Wars, including the payment of all costs incidental and related thereto,which memorial shall be constructed on land owned or leased by the City, and that to raise this

    appropriation, the City Treasurer, with the approval of the Mayor, is authorized to borrow said sum andto issue bonds or notes of the City therefore in the aggregate principal amount of $295,000.00under andpursuant to Chapter#44, Section 8(10), of the Massachusetts General Laws, as amended andsupplemented, or pursuant to any other enabling authority.#Very truly yours,(Signature on file w/paper)Michael J. McGlynn,MAYOR#MJM:lmc####COMMITTEE REPORTS#

    UNFINISHED BUSINESS

    Upon motion of _________________, all Unfinished Business on the Table was taken from the tablefor action.#06-676 Verizons Attempt to reduce time period for franchise#IN COUNCIL SEPTEMBER 12, 2006 TABLED#06-755 Council endorse letter to State Delegation re; Tax Abatement for Disabled#IN COUNCIL OCTOBER 24, 2006 TABLED####07-257- Petition by Anthony Poccio, 31 Hall St., address Council parking on his street#

    IN COUNCIL MARCH 13, 2007 TABLED#07-262 Communications from the Mayor, Transfer of Funds, Welcome to Medford Signs Part of Paper#IN COUNCIL MAY 15,2007 TABLED#07-301- Special Permit Public Hearing Extended Hours of Operation EXXON-Mobil

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    #IN COUNIL APRIL 10, 2007 TABLED

    #07-284- LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUNDCONDUITS-HEARING-MASS ELECTRIC/VERIZON-MIDDLESEX AVENUE#

    IN COUNIL APRIL 10, 2007 TABLED#07-332- Mausoleum at Oak Grove Cemetery#

    IN COUNCIL MAY 1, 2007 TABLED#Public Participation

    #

    COUNCIL PAPERS IN COMMITTEE

    Reports Due/ Deadlines

    02-430 Auto Insurance by the Mile02-542 Rt. 16 under bridge lighting from Mystic St. to Mall04-315 Three month review Burger King Sept. 1, 2004/Six month Dec., 1, 200405-895- Comprehensive Master Wellington Plan-3 months-Jan. 17, 200607-072-Intercept Program07-301-Special Permit Public Hearing Extended Hours EXXONMOBIL 90 Days-7/8/07

    #Records: The Records of the Meeting of May 22, 2007 were passed to

    Councillor Dello Russo###Adjournment: