City Council Agenda 08/07/2007 Printer-Friendly Version Medford City Council The Twenty-Fifth Regular Meeting Medford, Massachusetts

August 7, 2007 City Council President Robert A. Maiocco Vice President Breanna Lungo Stephanie Muccini Burke Paul A. Camuso Frederick N. Dello Russo, Jr. Michael J. Marks Robert M. Penta # Council President Robert A. Maiocco called the Twenty-Fifth Meeting of the Medford City Council at 7:00 P.M. at the Howard F. Alden Memorial Auditorium, Medford City Hall. ROLL CALL SALUTE TO THE FLAG RECORDS The records of the meeting of July 10, 2007 were passed to Councillor Dello Russo HEARINGS 07-527 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 Hearing will be given at the Howard F. Alden Memorial Auditorium, 85 George P. Hassett Drive, City Hall, Medford, Massachusetts at 7:00 P.M., on TUESDAY, August 7, 2007 on a petition of NationalGrid of Malden, Massachusetts for permission to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named. 07-527(CONT) Wherefore it prays that after due notice and hearing as provided by law, it be permission to excavate the public highways and to run and maintain underground electric conduits together with such 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 herewith marked NationalGrid UG-WR #2326574 dated 06/13/07 The following are the streets and highways referred to: # Winthrop Street- Installation of + /-5 of 2-4 conduits and miscellaneous underground equipment on #58 Approved Chief Engineer w/provision that all City property disturbed shall be restored to City Standards. That the contractor shall be responsible for the restoration of disturbed areas, replacement of the concrete sidewalk to City Standards and removal of all debris Approved - Supt. of Wires Call 393-2501 for any accommodations/aids. T.D.D. #393-2516 s/ Edward P. Finn City Clerk Plans can be viewed in City Clerks Office 781-393-2425 PETITIONS, PRESENTATIONS AND SIMILIAR MATTERS 07-536-Petition by Anthony Pimentel, Sasso Construction for Off Broadway Shoe located at 620 Fellsway, Medford for a reversal of sign denial on OCD Application 2007-29-Primary Sign exceeds allowable usage # 07-539-Petition by Russell Baker, Signs by Russ, Inc for FedEx Kinko, 59 Station Landing for reversal of sign denial on OCD Application 2007-30-Secondary Signage # 07-540-Petition by Pamela Moss, 126 Damon Rd. d/b/a Pams Pantry at St. Josephs Parish School, 132 High Street for a Common Victuallers License # On File Petition/Application Business Certificate #216 Building Dept. Fire Dept. Traffic Impact Treasurer State Tax Form Health Dept. (Pending) Letter of Compliance # MOTION, ORDERS AND RESOLUTIONS # 07-528-Offered by Councillor Camuso Be it Resolved that the Medford Traffic Commission designates Bradlee Road, Auburn Street, North Street, Allston Street and Prescott Street as Senior Citizen Safety zones in the interest of public safety. #

# 07-529-Offered by Councillor Burke, Be it Resolved, that the Parks dept consider installing baby swings at Morrison Park in the interest of public safety.# # 07-530- Offered by Councillor Burke Be it Resolved, that the Public Works Dept investigate the poor condition of patching done on Playstead Road by Utility Companies and have them repaired as soon as possible # 07-533-Offered by Councillor Camuso Be it Resolved that the Medford City Council sends its sincere condolences to the family of Jean Perry who passed away recently. Mrs. Perry is the mother of Douglas Perry and his wife Sandi of Boston Avenue in Medford # 07-542-Offered by Council President Maiocco Be It Resolved that the Medford City Council congratulate Frank and Thelma DeLucia on the wonderful occasion of their 60th Wedding Anniversary # COMMUNICATIONS FROM THE MAYOR 07-531 # To: President Maiocco and Members of the City Council From: Michael J. McGlynn Date: July 24, 2007 Re: Medford Square Parking Garage/Transit Center # I respectfully request authorization to submit the final application to the Executive Office of Housing and Economic Development under the Massachusetts Opportunity Relocation and Expansion (MORE) Capital Program for 1 million dollars in grant funding for the planning and design of a new 250 space parking garage/transit center at Governors Avenue in Medford Square. # Michael J. McGlynn, Mayor Signature on file w/paper # 07-534 July 30, 2007 # To the Honorable President and Members of the Medford City Council City Hall Medford, MA 02155 # Dear Mr. President and City Councillors: 07-534(Cont) # I respectfully request and recommend that your Honorable Body approve of the following transfer of funds: From Amount To #

124-102-5971-0000-0000-902-0000-0000 $12,000 010-422-5530 Insurance Proceeds/DPW Fire DPW other/signs # This transfer is requested to enable the purchase and placement of Welcome to Medford signs at various entry ways to our City. # Very truly yours, Signature on file w/paper Michael J. McGlynn, MAYOR MJM:lmc 07-535 July 30, 2007 # To the Honorable President and Members of the Medford City Council City Hall Medford, MA 02155 # Dear Mr. President and City Councillors: # I respectfully request and recommend that your Honorable Body approve the following transfer of funds: #From Amount To # 010-914-5740-1760 $26,000 #320-297-5840-0000-0000-412-0000-0000 Liability Insurance City Hall Clean Up # This transfer is requested in accordance with the ongoing monitoring and remediation of the City Hall Fuel Storage Tank Project. # The funding will provide a feasibility study, the replacement of one monitoring well, the collection of two soil samples and one year of quarterly product gauging. # Ms. Patricia Barry, Director of the Energy and Environment Office will be present this evening to answer any pertinent questions. The funds are available due to a saving in our liability insurance coverage for FY 2008 from quotes that were received after the passage of the FY 2008 budget. The quotes were for $172,000 and the appropriation was $200,000. # Very truly yours, Signature on file w/paper Michael J. McGlynn, MAYOR MJM:lmc COMMUNICATIONS FROM THE MAYOR(Cont) # 07-537

# REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER $1,000 ACCOUNT #010-151-5762 # Date: August 2, 2007 # To: The President and Members of the Honorable Medford City Council # Fr: Michael J. McGlynn, Mayor # Claimant Name: Cheryl Voight d/b/a Luckys Tattoo Date of Loss: June through December of 2000 Date of Settlement: July 26, 2007 Date of Trial Result: NA Amount of Request: $35,000.00 Claimants Attorney: Jennifer Lamanna # Description of Alleged Claim: # On September 3, 2004 the claimant, Cheryl Voight, filed a request for a special permit with the Medford City Council to operate a tattoo and body piercing establishment at 13 Forest Street, Medford. A public hearing was held on this petition on December 21, 2004 at which time the petition was denied. # On January 18, 2005 the claimant filed a complaint in the Middlesex Superior Court[1] alleging a violation of her rights under the First and Fourteenth Amendments of the United States Constitution, the Constitution of the Commonwealth of Massachusetts, 42 U.S.C. 1983 and the state Zoning Act. # The case was heard before Judge Bonnie H. MacLeod-Mancuso on a Motion for Summary Judgment. The Judge found in favor of the claimant/plaintiff on January 30, 2007. On March 30, 2007 Judge Mancuso awarded attorneys fees in the amount of $15,000.00 and the case was scheduled to be heard on the issue of damages incurred by the Plaintiff. During July, 2007 the parties reached an agreement on the issue of damages in the amount of $20,000.00. # Breakdown of the Amount Requested # Medical Cost: -0Damages/Income Loss $20,000.00 Property Loss: -0Other: $15,000.00 Total Settlement: $35,000.00 # # COMMUNICATIONS FROM BOARDS, COMMISSIONS AND CITY EMPLOYEES # 07-532-Petition by Patricia L. Barry, Director, Energy and Environment Office and the Medford Clean Energy Committee respectfully request to address the City Council on the introduction of the Medford Energy Independence Project and construct 1 100 KW Wind Turbine at the McGlynn School #

07-538 # To: Council President Robert Maiocco and Members of the Medford City Council # From: Edward P. Finn, City Clerk # Re: 2007 Municipal Preliminary and Revised Municipal Calendar # Dear City Council # On Tuesday July 31, 2007, Registered Voters who wish to run for Public Office in the Election Year of 2007 were to submit nomination papers by 5:00 P.M. to the Registrar of Voters for Certification. Nomination Papers that were submitted were (1) One for the Office of Mayor, (9) Nine for the Offices of the City Council and (10) for the Offices of the School Committee. # To conduct a Preliminary for each or any of the Offices the requirement is (3) for Mayor, (15) Fifteen for City Council and (13) Thirteen for School Committee. # As you can see, each of the races for Public Office, the nomination papers submitted is below the requirement, thus the City of Medford will not have a Preliminary on September 18, 2007 as planned. # Therefore I respectfully submit for approval the Revised 2007 Municipal Calendar. # Tuesday September 18 No Preliminary # Monday September 24 5:00 P.M. Last Day and Hour to withdraw from nomination Wednesday October 17 # Monday October 29 # Tuesday # Friday November 6 8:00 P.M. Close of Registration for Elections 5:00 P.M. First and Second Campaign Finance Statement due. Election 7:00 A.M. to 8:00 P.M.

November 16 5:00 P.M. Last Day and Hour to petition for a recount of votes at Election. Final Campaign Finances due 2008

# Tuesday January 22, # Respectfully yours Edward P. Finn City Clerk 07-541 # To: Robert Maiocco, President Medford City Council #

From: Benjamin Averbook, Chairman # Date: July 13, 2007 # Re: Proposed Amendment to Chapter 94, Zoning Bonner and Alexander Avenue # Following a duly advertised public hearing conducted on July 11, 2007, the of Medford Community Board Unanimously voted to recommend that the Medford City Council approve the proposed amendment to Chapter 94 by rezoning 135, 129,125, 119 Alexander Avenue and 116, 122-124, 130-132 and 138-140 Bonner Avenue from C-2 to GR (General Residence District) as shown on the plan entitled Plan Showing Proposed Zoning Change in Medford, MA. Middlesex County prepared by the City of Medford engineering Division and dated May 25, 2007. # Benjamin Averbook Chairman COMMITTEE REPORTS # UNFINISHED BUSINESS Upon motion of _________________, all Unfinished Business on the Table was taken from the table for 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 # 07-332Mausoleum at Oak Grove Cemetery # IN COUNCIL MAY 1, 2007 TABLED # 07-484###################### Special Permit Extended Hours, Pranzis, Winthrop St. # IN COUNCIL JUNE 26, 2007 TABLED IN COUNCIL JULY 10, 2007 TABLED # 07-511###################### Special Permit Extended Hours, Dominos Pizza, Mystic Ave. # IN COUNCIL JULY 10, 2007 TABLED # 07-525Petition by Leslie W. Nelson, Jr., 135 Cuddy Ct., Tewksbury d/b/a Riverside Cleaners for a Cleaning and Dyeing License at 214 A Middlesex Avenue, # IN COUNCIL JULY 10, 2007 TABLED #

# Public Participation # COUNCIL PAPERS IN COMMITTEE Reports Due/ Deadlines 05-895- Comprehensive Master Wellington Plan-3 months-Jan. 17, 2006 07-072-Intercept Program 07-484-SPC Extended Hours Pranzis, Winthrop St. Deadline 9/24/07 07-511-SPC EXTENDED HOURS, DOMINOS, MYSTIC AVE. 9/30/07 # Records: The Records of the Meeting of July 10, 2007 were passed to Councillor Dello Russo # # Adjournment: # # COUNCIL MEETING (SUMMER SCHEDULE) JULY 10, 2007 AUGUST 7, 2007 SEPTEMBER 11, 2007 SEPTEMBER 25, 2007