medford city council agenda august 6, 2013

8/22/2019 Medford City Council Agenda August 6, 2013

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Medford City CouncilThe Twenty Fifth Regular Meeting

Medford, MassachusettsTuesday, August 6, 2013

City CouncilRobert A. Maiocco, President

Frederick N. Dello Russo, Jr., Vice PresidentPaul A. Camuso

Richard F. CaravielloBreanna Lungo-Koehn

Michael J. MarksRobert M. Penta

Council President Robert A. Maiocco called the Twenty Fifth Regular Meeting of the Medford CityCouncil to order at 7:00 P.M., at the Howard F. Alden Memorial Auditorium, Medford City Hall.

ROLL CALL

SALUTE TO THE FLAG

RECORDS

The Tabled Records of Jun 26, 2013 were passed to Councillor Penta

The Records of July 9, 2013 were passed to Councillor Camuso.

HEARINGS13-597

LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND CONDUITS-GRANTS OFLOCATIONS

MEDFORD, MASSACHUSETTSCITY CLERKS OFFICE

You are hereby notified that by order of the Medford City Council, a Public Hearingwill be given at the Howard F. Alden Memorial Auditorium, 85 George P. Hassett Drive, CityHall, Medford, Massachusetts at 7:00 P.M., on TUESDAY, August 6, 2013 on a petition by


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Lightower Fiber Networks, 2200 West Park Drive, Westborough, MA. 01581. For permission toplace, install and maintain underground conduit and cable therein

Wherefore it prays that after due notice and hearing as provided by law, it is permission toexcavate the public to be located substantially in accordance with the plan filed herewith marked

Proposed Plan dated 3-13-2013

The following are the streets and highways referred to:

Salem Street: For Optic Service Lateral Connection to Cambridge Health Alliance at 26 CityMall Rd., to install approximately 115 feet of (1) 4 Communication Conduit (Schedule 40)concrete encased and fiber optic cable from National Grid Electric MH #A530 to 26 City HallMall Rd

The said Lightower Fiber Optics shall comply with all applicable provisions of law and ordinancesof the City of Medford to the enjoyment of said locations and rights

Approved

Chief EngineerThe City Engineer f inds that the work can proceed for thwi th p rovided that thefo l lowing requi rements at a min imum are:

No City owned or priv ate uti l i t ies or other struc tures are adversely im pacted. The con crete encasement for

the new condui t c annot com e in contact wi th the Ci ty owned w ater main

Disturbed cement concrete sidewalk must be replaced in kind from back of s idewalk to curb -noasphalt sidewalk al lowed

Flowable fi l l should be co nsidered for backf i l l above and around the condui t The contractor works at n ight o r other low tra f f ic vo lume t imes wh en occupy ing Salem Street The unknown trench shown on the plan is relabeled. This is actually National Grids main electrical

line and I request NG provide a letter (via Lightower) acknowledging Hightowers work

Permanent trench patch c onsis t ing of gr ind and in lay is insta l led

Before beginn ing work the contractor shal l not i fy Dig Safe and shal l obta in appl icab le permi ts from t he

Engineering Division . National Grid shal l com plete al l restoration in accordanc e with City of Medford

regulat ions and standards as wel l as for removing al l debr is re lated to i ts w ork

Approved - Supt. of Wires

Call 781-393-2425 for any accommodations/aids. Plans can be viewed in City Clerks Office 781-393-2425

S/ Edward P. FinnCity Clerk

13-598-

LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND CONDUITS

MEDFORD, MASSACHUSETTS

CITY CLERKS OFFICE

You are hereby notified that by order of the Medford City Council, a Public Hearingwill be given at the Howard F. Alden Memorial Auditorium, 85 George P. Hassett Drive, City


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Hall, Medford, Massachusetts at 7:00 P.M., on TUESDAY, August 6, 2013 on a petition byNational Grid of North Andover, MA. Request permission to locate poles, wires, and fixtures,including the necessary sustaining and protecting fixtures, along and across the following publicway

Yale Street Beginning at a point approximately 210 feet southwest of the centerline of theintersection of Dartmouth Street. National Grid to install new pole #3656 in order to install afloodlight to illuminate parking lot.

Wherefore it prays that after due notice and hearing as provided by law, it be permission toexcavate the public highways and to run and maintain underground electric conduits together withsuch sustaining and protecting fixtures as it may find necessary for the transmission of electricity.Said underground conduits to be located substantially in accordance with the plan filed herewithmarked Yale Street, Medford, MA., No. 15253360 dated July 17, 2013

Approved Chief EngineerUpon review of th is pet i t ion, the Engineer ing Department f inds that the work can

proceed for thwi th pro vided that no Ci ty Ow ned or pr ivate ut i l i t ies or other structu res are adverse ly impacted.I f a protect ion of the pole is not provided by sidewalk and curb, then the appl icant should c onsider insta l l ing

a short section of granite curb o n the street side of the pole to protect i t. Whatever materials that are

distu rbed, be it cement con crete, bitum inou s conc rete or loam and seed, that any and al l materials shal l be

restored to equal or better condi t ion after complet ion of co nstruct ion

Before beginn ing work the contractor shal l not i fy Dig Safe and shal l obta in appl icab le permi ts from t he

Engineering Division . National Grid shal l com plete al l restoration in accord ance with City of Medford

regulat ions and standards as wel l as for removing al l debr is re lated to i ts w ork.

Approv ed - Supt. of Wires

Call 781-393-2425 for any accommodations/aids. Plans can be viewed in City Clerks Office 781-

393-2425

s/ Edward P. FinnCity Clerk

MOTIONS ORDERS AND RESOLUTIONS

13-616-Offered by President MaioccoBe It Resolved that the Medford city council congratulate Grandpa Councillor Robert Penta on thewonderful occasion of the birth of his granddaughter, Nyla Mitchell, daughter of proud parents

Kimberly & Patrick Mitchell

13-617-Offered by Councillor Camuso

Be It Resolved that the Medford City Council sends its congratulations to Dick Consolino on hisupcoming retirement. Dick and Anna have been helping citizens of Medford for many years atCentre Arco on Playstead Road.


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13-628-Offered by Councillor PentaBe It Resolved the Medford City Council congratulate and thank Medford businessman RichardConsolino and his wife Anna on their 61 years for operating an honest and credible business inour City of Medford. Richie owned and operated Richie Consolinos Service Station on PlaysteadRoad where he was known as being a fair businessman to all his customers.

Be it further resolved that Richie appear at one of our September council meetings to receive acouncil citation congratulating him for his years of service.

13-629-Offered by Councillor PentaBe It Resolved that the Redemption Hill Church of Medford be publicly thanked for volunteeringtheir time and efforts to maintain a better quality of playground use at Tufts, Harris, Morrison, andPlaystead Parks.

13-630-Offered by Councillor PentaBe It Resolved that the Medford Danish Pastry House located on Boston Avenue be congratulatedfor being selected in the Yankee Magazine Best of Boston as the best bakery and bakery caf

within the greater Boston area.

PETITIONS, PRESENTATIONS AND SIMILAR MATTERS

13-618-Petition for Reversal of a Sign Denial by Dione Santos for Signs and Graphics for ALPrime Gas,510 Main Street, Medford, MA OCD 2013-17 Extends over sidewalk-does not meet setbackrequirements

13-619-Petition for Reversal of a Sign Denial by Paul Morrissey for Aero Cycle, 401 Mystic Avenue,

Medford, MA OCD2013-22A No proof this meets support requirements

13-624-Petition for Reversal of a Sign Denial by Russ Baker, Signs by Russ, Inc., for Party City atMeadow Glen Mall, 3850 Mystic Valley Pky, Medford, MA OCD 2013-23A,2013-23B, 2013-23CMultiple signs requires Council approval.

13-620-Petition for Second Hand Articles License by Henrik Malkhasyan, 14 Putman St, Watertown, MA02472 for Gregorio Jewelry, 468 Salem St, Medford, MA

ON FILEBusiness Certificate # 148 Treasurer/CollectorBuilding Dept. State Tax FormFire Dept. Letter of ComplianceTraffic Impact Workmens CompensationHealth Certificate of Compliance-Police

Petition


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13-621-Petition by Carol Powers, Committee For Sisters Against Ovarian Cancer, to address the Councilon permission to display ribbons

13-622-

Petition by Ronald DeLucia, 22 Coolidge Road, Medford, MA for an update on TV-3.

13-626-Petition by James J. Morse, 51 Metcalf St, Medford, MA to address the city council on PEGChannels and the Municipal Election November 5, 2013.

13-627-Petition by Joseph Viglione, 59 Garfield Avenue, Medford, MA to discuss 501C3 public charities

13-631-Petition by Jeanne M. Martin, 10 Cummings Street, Medford, MA to discuss Community Cable-

vision.

COMMUNICATIONS FROM THE MAYOR

13-633-July 30, 2013

To: The President and Members of theMedford City Council

From: Michael J. McGlynnMayor

Re: ACCEPTANCE OF G.L. c 48 59B, 59C and 59D

Dear Mr. President and Members of the Medford City Council:

I respectfully request and recommend that your Honorable Body approve the acceptance of G.L.c. 48 59B, 59C and 59D which will allow the City of Medford to establish a reserve fire force.

Copies of these statutes are set forth on the attached sheet G.L. c 147 11 states, in its entirety:

Any city in which the city council, with the approval of the mayor, accepts this and the twofollowing sections or has accepted corresponding provisions of earlier laws, may establish areserve police force; and appointments thereto shall, subject to chapter thirty-one, be made in thesame manner as appointments to the regular police force of said city.

The establishment of a reserve police force will allow the City to appoint officers as reserves andto select from that list officers for permanent appointment.

In addition, it will facilitate the placement of prospective future candidates in training academies.


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Fire Chief Frank A. Giliberti Jr. will be in attendance to address any questions.

Respectfully Submitted,(Signature filed/paper)Mayor Michael J. McGlynn

MJM/mr

13-634-

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

Date: July 31, 2013

To: The President and Members of theHonorable Medford City Council

Fr: Michael J. McGlynn, Mayor

Claimant Name: Safety Insurance - File #09-82Date of Accident: May 6, 2009Date of Settlement: July 3, 2013Date of Trial Result: NA

Amount of Request: $5,468.50Claimants Attorney:Law Office of OKeefe & Gale

Description of Alleged Claim:

The claimant, Safety Insurance, as subrogee for its insured, Rico Olmeida of 12 Mount VernonStreet, Melrose, MA, seeks compensation for repairs made to Mr. Olmeidas motor vehicle whichwas struck by a DPW street sweeper while it was parked. The accident occurred on May 9, 2009on Forest Street. The total amount expended by Safety Insurance was $5,468.50. The case wassettled prior to trial. The necessary Releases have been obtained from the claimant.

Breakdown to Amount Requested:

Medical Cost: -0-Lost Wages: -0-Property Damage: $5,468.50Other: -0-Total Settlement: $4,468.50


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13-635-

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

Date: July 31, 2013

To: The President and Members of theHonorable Medford City Council

Fr: Michael J. McGlynn, Mayor

Claimant Name: John St. Claret Ezeani - File #13-6Date of Accident: December 30, 2012Date of Settlement: July 30, 2013Date of Trial Result: NA

Amount of Request: $2,700.00Claimants Attorney:NA

Description of Alleged Claim:

The claimant, John St. Claret Ezeani of 11 Edison Avenue, Medford, MA, seeks compensation fordamages to his motor vehicle which was allegedly involved in a motor vehicle accident with aDPW plow during a snowstorm. The accident occurred on December 30, 2012 on Edison

Avenue, Medford, MA. The cost estimates for repairs to Mr. Ezeanis vehicle ranged from$2,746.44 to $4,047.98. The case was settled prior to suit being filed. The necessary Releaseshave been obtained from the claimant.

Breakdown to Amount Requested:

Medical Cost: -0-Lost Wages: -0-Property Damage: as estimatedOther: -0-Total Settlement: $2,700.00

13-636-August 1, 2013

To: Council President Maiocco and Members of theMedford City Council

From: Michael J. McGlynn, Mayor

Re: Loan Order-Fire Trucks (2)

Dear Mr. President and City Councillors:


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I respectfully request and recommend that your Honorable Body approve the following LoanOrder:

CITY OF MEDFORD, MASSACHUSETTS

LOAN ORDER

(Fire Trucks/Vehicles)

BE IT ORDERED: That the sum of $950,000 be and hereby is appropriated to pay costs ofpurchasing fire trucks/vehicles for the fire department, including the payment of all costs incidentalor related thereto, and that to meet this appropriation, the City Treasurer, with the approval of theMayor, is authorized to borrow said sum and to issue bonds or notes of the City therefore in theaggregate principal amount of $950,000 under and pursuant to Chapter 44, Section 7(9), of theMassachusetts General Laws, as amended and supplemented, or pursuant to any other enablingauthority.

AND FURTHER ORDERED: That the City Treasurer is authorized to file an applicationwith The Commonwealth of Massachusetts Municipal Finance Oversight Board to qual ify underChapter 44A of the General Laws any and all bonds or notes of the City authorized by this vote orpursuant to any prior vote of the City, and in connection therewith, to provide such information andexecute such documents as the Municipal Finance Oversight Board of The Commonwealth ofMassachusetts may require.

_______________________Michael J. McGlynn, Mayor

(Signature filed/paper)

13-637-August 1, 2013

To: Council President Maiocco and Members of theMedford City Council

From: Michael J. McGlynn, Mayor

Re: DPW Municipal Facility

Dear Mr. President and City Councillors:

I respectfully request and recommend that your Honorable Body approve the following LoanOrder:

CITY OF MEDFORD, MASSACHUSETTS

LOAN ORDER

(Department of Public Works Municipal Facility)


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BE IT ORDERED: That the sum of $12,994,000 be and hereby is appropriated to paycosts of demolishing and reconstructing the Department of Public Works Municipal Facility,including the payment of all costs incidental and related thereto, and that to raise thisappropriation, the City Treasurer, with the approval of the Mayor, is authorized to borrow said sumand to issue bonds or notes of the City therefore in the aggregate principal amount of

$12,994,000 under and pursuant to Chapter 44, Section 7(3), of the Massachusetts GeneralLaws, as amended and supplemented, or pursuant to any other enabling authority.

AND FURTHER ORDERED: That the City Treasurer is authorized to file an applicationwith The Commonwealth of Massachusetts Municipal Finance Oversight Board to qualify underChapter 44A of the General Laws any and all bonds or notes of the City authorized by this vote orpursuant to any prior vote of the City, and in connection therewith, to provide such information andexecute such documents as the Municipal Finance Oversight Board of The Commonwealth ofMassachusetts may require.

_______________________Michael J. McGlynn, Mayor

(Signature filed/paper)

COMMUNICATIONS FROM CITY OFFICERS AND EMPLOYEES

13-623-Petition from Tina Rapatano, Retirement System, to ask the council to approve an increase forthe retirement payroll as seen in PERAC memo # 43-2012 Local Option- Increase for Widows andWidowers under section 101.

13-625-

To: Council President Robert A. MaioccoAnd Members of the City Council

Re: 2013 Municipal Preliminary & Revised Election Calendar

Date: August 6, 2013

Dear City Councillors

Due to the nominations papers received by the Registrars of Voters Office for the Office of Mayor,City Council and School Committee and the number of candidates needed to conduct apreliminary for the office of Mayor (Minimum of 3), City Council (Minimum of 15) and SchoolCommittee (Minimum of 13), based on the submission of those nomination papers to be certifiedby signature and Medford Voter Registration, I, Edward P. Finn, Chief Election Officer for the Cityof Medford as well as the City Clerk hereby declare that the City of Medford will not be conductinga Preliminary for either of the three offices that was scheduled for September 17, 2013 and thatthe candidates for the respective offices who meet the minimum qualification of 50certifiedsignatures for nomination will thus be placed on the Municipal Election for November 5, 2013.

Below is the Revised Municipal 2013 Election Calendar that would need Legislative Approval.


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CITY OF MEDFORD2013

MUNICIPAL

ELECTION CALENDAR(Revised)

Tuesday August 13 5:00 P.M. Last Day and Hour to file certifiedNomination papers with the City Clerks Office. (53:10)

Thursday August 15 5:00 P.M. Last Day and Hour for filing objections to orWithdraw from nomination. (53:13, 55B:7)

Wednesday October 16 8:00 P.M. Close of Registration for Elections(51:26)

Monday October 28 5:00 P.M. First & Second Campaign CombinedFinance Statement due. (55:18)

Tuesday November 5 Election 7:00 A.M. to 8:00 P.M

Friday November 15 5:00 P.M. Last Day and Hour to petition for aRecount of votes at Election. (54:135)

Tuesday January 21, Final Campaign Finances due 2014 (55:18)

As usual I will be in attendance at the Council Meeting of August 6, 2013 to answer any questions

Yours truly,s/Edward P. Finn

Edward P. FinnCity Clerk

cc: Mayor SOC (William F. Galvin)

13-632-

City of MedfordCall for

Special State ElectionTuesday, October 15, 2013

BE IT ORDERED: that the City Clerk be and hereby is authorized and directed to notify and warnsuch of the inhabitants of the City of Medford, as were qualified by law to vote for candidates atthe Special State Primary on Tuesday, October 15, 2013, to assemble at the polling places in theirrespective wards and precincts, then and there to give in their votes for a REPRESENTATIVE IN


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CONGRESS 5TH CONGRESSIONAL DISTRICT; and the polls of said Special State Primary shallopen at 7:00 A.M. and remain open until 8:00 P.M.

BE IT FURTHER ORDERED: that the following named polling places be and they are herebydesignated for use at the Special State Primary on October 15, 2013.

Voting Precincts

Ward 1 Precinct 1 Andrew Middle School, 3000 Mystic Vly. Pkwy.Ward 1 Precinct 2 Fire Fighters Club, 340 Salem St.

Ward 2 Precinct 1 St. Francis Parish Center, Fellsway and Fulton St.Ward 2 Precinct 2Roberts Elementary School, 35 Court St.

Ward 3 Precinct 1 Lawrence Memorial Hospital, 170 Governors Ave.Ward 3 Precinct 2 Temple Shalom, 475 Winthrop St.

Ward 4 Precinct 1 Tufts University, Gantcher Center Rear, 161 College Ave.Ward 4 Precinct 2 Walkling Ct. /Auburn and North St. (Fondarcaro Center)

Ward 5 Precinct 1 Columbus Elementary School, 37 Hicks Ave.Ward 5 Precinct 2 Columbus Elementary School, 37 Hicks Ave.

Ward 6 Precinct 1 West Medford Fire Station, 26 Harvard AvenueWard 6 Precinct 2 Brooks School, 388 High Street

Ward 7 Precinct 1 Mystic Valley Towers, North Building EntranceWard 7 Precinct 2 McGlynn K-8 Public School, 3004 Mystic Vly. Pkwy.

Ward 8 Precinct 1 Senior Center, 101 Riverside Ave.Ward 8 Precinct 2 Veterans of Foreign Wars Hall 114 Mystic Ave.

UNFINISHED BUSINESS

12-469 Council paper 12-049 back on agenda for Third Reading

IN CITY COUNCIL JUNE 5, 2012 TABLED

IN CITY COUNCIL SEPTEMBER 18, 2012 TABLEDChair in doubt

13-372 James Morse address Logan Airport noise

IN CITY COUNCIL APRIL 23, 2013 TABLED

13-374 MWRA Assessment Transfer $108,417.00


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IN CITY COUNCIL APRIL 23, 2013 TABLED

13-433 Appeal non renewal Tesfalem Ghebrezghi On Time Taxi

IN CITY COUNCIL MAY 7, 2013 TABLED

13-471 Taxi Operator License Djemson Dascelin


13-472 Taxi operator license Mohammed g. Mostafa


13-475 Loan Order MHS Pool $1,206,000


IN CITY COUNCIL JUNE 26, 2013 PASSED FIRSTREADING

ADVERTISED July 11, 2013 MEDFORD TRANSCRIPT

Eligible for Third Reading August 6, 2013

13-497 Show Cause Hearing Star Taxi

IN CITY COUNCIL JULY 9, 2013 TABLED

13-506 Taxi Operator License Joseph F. Pierre


13-578 Navarro Circle-National Grid

IN CITY COUNCIL JULY 9, 2013 TABLED

PUBLIC PARTICIPATIONCOUNCIL PAPERS IN COMMITTEE

Reports Due/ Deadlines

11-099-Six Month Review SPC hours of operation A-Tech, 67 Mystic Ave, Sept 20, 201111-631-Six Month Review SPC hours of operation Burger King 383 Mystic Ave April 24, 2012


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12-090-Six Month Review SPC Zoning Medford Gas & Repair, 85 Main StOctober 9, 201212-091-Three Month Review Class 4 Repair License Ravelo Auto Repair, 144 Mystic Ave July 3,201212-507-Traffic Commission review traffic patterns Winthrop Street rotary & Rural Avenue

12-508- Six Month Review SPC hours Kellys Drive-Thru, 35 Revere Beach Pky, Jan 10, 2013

Records:

The Tabled Records of June 26, 2013 were passed to Councillor Penta.

The Records of July 9, 2013 were passed to Councillor Camuso.

Adjournment:

Upcoming City Council Summer Meeting Schedule

Tuesday, September 10, 2013 at 7:00 PM

Tuesday, September 24, 2013 at 7:00 PM

Tuesday, October 1, 2013 at 7:00 PM (regular schedule)

medford city council agenda august 6, 2013

Documents