Medford City Council

The Twenty Fifth Regular Meeting Medford, Massachusetts Tuesday, August 6, 2013

City Council
Robert A. Maiocco, President Frederick N. Dello Russo, Jr., Vice President Paul A. Camuso Richard F. Caraviello Breanna Lungo-Koehn Michael J. Marks Robert M. Penta Council President Robert A. Maiocco called the Twenty Fifth Regular Meeting of the Medford City Council 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. HEARINGS 13-597
LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND CONDUITS-GRANTS OF LOCATIONS 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 6, 2013 on a petition by 1

Lightower Fiber Networks, 2200 West Park Drive, Westborough, MA. 01581. For permission to place, install and maintain underground conduit and cable therein Wherefore it prays that after due notice and hearing as provided by law, it is permission to excavate 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 City Mall 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 Hall Mall Rd The said Lightower Fiber Optics shall comply with all applicable provisions of law and ordinances of the City of Medford to the enjoyment of said locations and rights
Approved Chief Engineer The City Engineer finds that the work can proceed forthwith provided that the following requirements at a minimum are: No City owned or private utilities or other structures are adversely impacted. The concrete encasement for the new conduit cannot come in contact with the City owned water main Disturbed cement concrete sidewalk must be replaced in kind from back of sidewalk to curb-no asphalt sidewalk allowed Flowable fill should be considered for backfill above and around the conduit The contractor works at night or other low traffic volume times when occupying 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 consisting of grind and inlay is installed

Before beginning work the contractor shall notify Dig Safe and shall obtain applicable permits from the Engineering Division. National Grid shall complete all restoration in accordance with City of Medford regulations and standards as well as for removing all debris related to its work Approved - Supt. of Wires

Call 781-393-2425 for any accommodations/aids. Plans can be viewed in City Clerks Office 781393-2425 S/ Edward P. Finn City Clerk 13-598LOCATION 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 2

Hall, Medford, Massachusetts at 7:00 P.M., on TUESDAY, August 6, 2013 on a petition by National 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 public way Yale Street Beginning at a point approximately 210 feet southwest of the centerline of the intersection of Dartmouth Street. National Grid to install new pole #3656 in order to install a floodlight to illuminate parking lot. 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 Yale Street, Medford, MA., No. 15253360 dated July 17, 2013
Approved Chief Engineer Upon review of this petition, the Engineering Department finds that the work can proceed forthwith provided that no City Owned or private utilities or other structures are adversely impacted. If a protection of the pole is not provided by sidewalk and curb, then the applicant should consider installing a short section of granite curb on the street side of the pole to protect it. Whatever materials that are disturbed, be it cement concrete, bituminous concrete or loam and seed, that any and all materials shall be restored to equal or better condition after completion of construction Before beginning work the contractor shall notify Dig Safe and shall obtain applicable permits from the Engineering Division. National Grid shall complete all restoration in accordance with City of Medford regulations and standards as well as for removing all debris related to its work. 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. Finn City Clerk MOTIONS ORDERS AND RESOLUTIONS

13-616-Offered by President Maiocco Be It Resolved that the Medford city council congratulate Grandpa Councillor Robert Penta on the wonderful 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 his upcoming retirement. Dick and Anna have been helping citizens of Medford for many years at Centre Arco on Playstead Road.

13-628-Offered by Councillor Penta Be It Resolved the Medford City Council congratulate and thank Medford businessman Richard Consolino and his wife Anna on their 61 years for operating an honest and credible business in our City of Medford. Richie owned and operated Richie Consolinos Service Station on Playstead Road 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 a council citation congratulating him for his years of service. 13-629-Offered by Councillor Penta Be It Resolved that the Redemption Hill Church of Medford be publicly thanked for volunteering their time and efforts to maintain a better quality of playground use at Tufts, Harris, Morrison, and Playstead Parks. 13-630-Offered by Councillor Penta Be It Resolved that the Medford Danish Pastry House located on Boston Avenue be congratulated for 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 13-618Petition 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 setback requirements 13-619Petition 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 13-624Petition for Reversal of a Sign Denial by Russ Baker, Signs by Russ, Inc., for Party City at Meadow Glen Mall, 3850 Mystic Valley Pky, Medford, MA OCD 2013-23A,2013-23B, 2013-23C Multiple signs requires Council approval. 13-620Petition for Second Hand Articles License by Henrik Malkhasyan, 14 Putman St, Watertown, MA 02472 for Gregorio Jewelry, 468 Salem St, Medford, MA ON FILE Business Certificate # 148 Building Dept. Fire Dept. Traffic Impact Health

Treasurer/Collector State Tax Form Letter of Compliance Workmens Compensation Certificate of Compliance-Police Petition

13-621Petition by Carol Powers, Committee For Sisters Against Ovarian Cancer, to address the Council on permission to display ribbons 13-622Petition by Ronald DeLucia, 22 Coolidge Road, Medford, MA for an update on TV-3. 13-626Petition by James J. Morse, 51 Metcalf St, Medford, MA to address the city council on PEG Channels and the Municipal Election November 5, 2013. 13-627Petition by Joseph Viglione, 59 Garfield Avenue, Medford, MA to discuss 501C3 public charities 13-631Petition by Jeanne M. Martin, 10 Cummings Street, Medford, MA to discuss Community Cablevision. COMMUNICATIONS FROM THE MAYOR 13-633July 30, 2013 To: The President and Members of the Medford City Council From: Michael J. McGlynn Mayor 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 two following sections or has accepted corresponding provisions of earlier laws, may establish a reserve police force; and appointments thereto shall, subject to chapter thirty-one, be made in the same 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 and to select from that list officers for permanent appointment. In addition, it will facilitate the placement of prospective future candidates in training academies. 5

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 13-634REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER $1,000.00 ACCOUNT #010-151-5762 Date: July 31, 2013 To: The President and Members of the Honorable Medford City Council Michael J. McGlynn, Mayor

Fr:

Claimant Name: Safety Insurance - File #09-82 Date of Accident: May 6, 2009 Date of Settlement: July 3, 2013 Date of Trial Result: NA Amount of Request: $5,468.50 Claimants Attorney: Law Office of OKeefe & Gale Description of Alleged Claim: The claimant, Safety Insurance, as subrogee for its insured, Rico Olmeida of 12 Mount Vernon Street, Melrose, MA, seeks compensation for repairs made to Mr. Olmeidas motor vehicle which was struck by a DPW street sweeper while it was parked. The accident occurred on May 9, 2009 on Forest Street. The total amount expended by Safety Insurance was $5,468.50. The case was settled prior to trial. The necessary Releases have been obtained from the claimant. Breakdown to Amount Requested: Medical Cost: Lost Wages: Property Damage: Other: Total Settlement: -0-0$5,468.50 -0$4,468.50

13-635REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER $1,000.00 ACCOUNT #010-151-5762 Date: July 31, 2013 To: The President and Members of the Honorable Medford City Council Michael J. McGlynn, Mayor

Fr:

Claimant Name: John St. Claret Ezeani - File #13-6 Date of Accident: December 30, 2012 Date of Settlement: July 30, 2013 Date of Trial Result: NA Amount of Request: $2,700.00 Claimants Attorney: NA Description of Alleged Claim: The claimant, John St. Claret Ezeani of 11 Edison Avenue, Medford, MA, seeks compensation for damages to his motor vehicle which was allegedly involved in a motor vehicle accident with a DPW 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 Releases have been obtained from the claimant. Breakdown to Amount Requested: Medical Cost: Lost Wages: Property Damage: Other: Total Settlement: 13-636August 1, 2013 To: Council President Maiocco and Members of the Medford City Council -0-0as estimated -0$2,700.00

From: Michael J. McGlynn, Mayor Re: Loan Order-Fire Trucks (2)

Dear Mr. President and City Councillors: 7

I respectfully request and recommend that your Honorable Body approve the following Loan Order: 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 of purchasing fire trucks/vehicles for the fire department, including the payment of all costs incidental or related thereto, and that to meet this appropriation, the City Treasurer, with the approval of the Mayor, is authorized to borrow said sum and to issue bonds or notes of the City therefore in the aggregate principal amount of $950,000 under and pursuant to Chapter 44, Section 7(9), of the Massachusetts General Laws, as amended and supplemented, or pursuant to any other enabling authority. AND FURTHER ORDERED: That the City Treasurer is authorized to file an application with The Commonwealth of Massachusetts Municipal Finance Oversight Board to qual ify under Chapter 44A of the General Laws any and all bonds or notes of the City authorized by this vote or pursuant to any prior vote of the City, and in connection therewith, to provide such information and execute such documents as the Municipal Finance Oversight Board of The Commonwealth of Massachusetts may require. _______________________ Michael J. McGlynn, Mayor (Signature filed/paper) 13-637August 1, 2013 To: Council President Maiocco and Members of the Medford 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 Loan Order: CITY OF MEDFORD, MASSACHUSETTS LOAN ORDER (Department of Public Works Municipal Facility)

BE IT ORDERED: That the sum of $12,994,000 be and hereby is appropriated to pay costs 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 this appropriation, the City Treasurer, with the approval of the Mayor, is authorized to borrow said sum and 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 General Laws, as amended and supplemented, or pursuant to any other enabling authority. AND FURTHER ORDERED: That the City Treasurer is authorized to file an application with The Commonwealth of Massachusetts Municipal Finance Oversight Board to qualify under Chapter 44A of the General Laws any and all bonds or notes of the City authorized by this vote or pursuant to any prior vote of the City, and in connection therewith, to provide such information and execute such documents as the Municipal Finance Oversight Board of The Commonwealth of Massachusetts may require. _______________________ Michael J. McGlynn, Mayor (Signature filed/paper)

COMMUNICATIONS FROM CITY OFFICERS AND EMPLOYEES 13-623Petition from Tina Rapatano, Retirement System, to ask the council to approve an increase for the retirement payroll as seen in PERAC memo # 43-2012 Local Option- Increase for Widows and Widowers under section 101. 13-625To: Council President Robert A. Maiocco And Members of the City Council 2013 Municipal Preliminary & Revised Election Calendar

Re:

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 a preliminary for the office of Mayor (Minimum of 3), City Council (Minimum of 15) and School Committee (Minimum of 13), based on the submission of those nomination papers to be certified by signature and Medford Voter Registration, I, Edward P. Finn, Chief Election Officer for the City of Medford as well as the City Clerk hereby declare that the City of Medford will not be conducting a Preliminary for either of the three offices that was scheduled for September 17, 2013 and that the candidates for the respective offices who meet the minimum qualification of 50certified signatures 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. 9

CITY OF MEDFORD 2013 MUNICIPAL ELECTION CALENDAR (Revised) Tuesday August 13 5:00 P.M. Last Day and Hour to file certified Nomination papers with the City Clerks Office. (53:10) 5:00 P.M. Last Day and Hour for filing objections to or Withdraw from nomination. (53:13, 55B:7) 8:00 P.M. Close of Registration for Elections (51:26) 5:00 P.M. First & Second Campaign Combined Finance Statement due. (55:18) Election 7:00 A.M. to 8:00 P.M 5:00 P.M. Last Day and Hour to petition for a Recount of votes at Election. (54:135) Final Campaign Finances due 2014 (55:18)

Thursday

August 15

Wednesday October 16

Monday

October 28

Tuesday Friday

November 5 November 15

Tuesday

January 21,

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. Finn City Clerk cc: 13-632Mayor SOC (William F. Galvin)

City of Medford
Call for Special State Election Tuesday, October 15, 2013 BE IT ORDERED: that the City Clerk be and hereby is authorized and directed to notify and warn such of the inhabitants of the City of Medford, as were qualified by law to vote for candidates at the Special State Primary on Tuesday, October 15, 2013, to assemble at the polling places in their respective wards and precincts, then and there to give in their votes for a REPRESENTATIVE IN 10

CONGRESS 5TH CONGRESSIONAL DISTRICT; and the polls of said Special State Primary shall open 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 hereby designated for use at the Special State Primary on October 15, 2013. Voting Precincts Ward 1 Ward 1 Ward 2 Ward 2 Ward 3 Ward 3 Ward 4 Ward 4 Ward 5 Ward 5 Precinct 1 Precinct 2 Andrew Middle School, 3000 Mystic Vly. Pkwy. Fire Fighters Club, 340 Salem St.

Precinct 1 St. Francis Parish Center, Fellsway and Fulton St. Precinct 2Roberts Elementary School, 35 Court St. Precinct 1 Precinct 2 Precinct 1 Precinct 2 Precinct 1 Precinct 2 Lawrence Memorial Hospital, 170 Governors Ave. Temple Shalom, 475 Winthrop St. Tufts University, Gantcher Center Rear, 161 College Ave. Walkling Ct. /Auburn and North St. (Fondarcaro Center) Columbus Elementary School, 37 Hicks Ave. Columbus Elementary School, 37 Hicks Ave.

Ward 6 Ward 6 Ward 7 Ward 7 Ward 8 Ward 8

Precinct 1 Precinct 2 Precinct 1 Precinct 2 Precinct 1 Precinct 2

West Medford Fire Station, 26 Harvard Avenue Brooks School, 388 High Street Mystic Valley Towers, North Building Entrance McGlynn K-8 Public School, 3004 Mystic Vly. Pkwy. Senior Center, 101 Riverside Ave. 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 IN CITY COUNCIL JUNE 5, 2012 SEPTEMBER 18, 2012 TABLED TABLED Chair 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 11

IN CITY COUNCIL 13-433

APRIL 23, 2013

TABLED

Appeal non renewal Tesfalem Ghebrezghi On Time Taxi IN CITY COUNCIL MAY 7, 2013 TABLED

13-471

Taxi Operator License Djemson Dascelin IN CITY COUNCIL MAY 21, 2013 TABLED

13-472

Taxi operator license Mohammed g. Mostafa IN CITY COUNCIL MAY 21, 2013 TABLED

13-475

Loan Order MHS Pool $1,206,000 IN CITY COUNCIL IN CITY COUNCIL MAY 21, 2013 JUNE 26, 2013 TABLED PASSED FIRST READING MEDFORD TRANSCRIPT

ADVERTISED

July 11, 2013

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 IN CITY COUNCIL MAY 28, 2013 TABLED

13-578

Navarro Circle-National Grid IN CITY COUNCIL JULY 9, 2013 TABLED

PUBLIC PARTICIPATION COUNCIL PAPERS IN COMMITTEE Reports Due/ Deadlines 11-099-Six Month Review SPC hours of operation A-Tech, 67 Mystic Ave, Sept 20, 2011 11-631-Six Month Review SPC hours of operation Burger King 383 Mystic Ave April 24, 2012 12

12-090-Six Month Review SPC Zoning Medford Gas & Repair, 85 Main St October 9, 2012 12-091-Three Month Review Class 4 Repair License Ravelo Auto Repair, 144 Mystic Ave July 3, 2012 12-507-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)

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