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CouncilAgendaJuly28

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1 Medford City Council The Twenty Sixth Regular Meeting Medford, Massachusetts July 28, 2009 City Council Breanna Lungo-Koehn, President Michael J. Marks, Vice President Stephanie Muccini Burke Paul A. Camuso Frederick N. Dello Russo, Jr. Robert A. Maiocco Robert M. Penta President Lungo-Koehn called the Twenty Sixth Regular Meet..

    Medford City Council

    The Twenty Sixth Regular Meeting

    Medford, Massachusetts

    July 28, 2009

    City Council

    Breanna Lungo-Koehn, President

    Michael J. Marks, Vice President

    Stephanie Muccini Burke

    Paul A. Camuso

    Frederick N. Dello Russo, Jr.

    Robert A. Maiocco

    Robert M. Penta

    President Lungo-Koehn called the Twenty Sixth 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 Records of the Twenty Fifth Meeting of June 30, 2009 were passed to Councillor Dello Russo.

09-533-

    Presentation by Jeffrey R. Wulfson, Associate Commissioner, Massachusetts Department of Elementary and Secondary Education to inform the Medford City Council on Charter School Funding with the Supt. Of Schools.

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    HEARING

09-611-

    CITY OF MEDFORD

    NOTICE OF A PUBLIC HEARING

    A Public Hearing will be held in the HOWARD F. ALDEN MEMORIAL CHAMBERS, CITY HALL, MEDFORD, MASSACHUSETTS, on Tuesday Evening, July 30, 2009, at 7:00 P.M., on a petition by Donald Crecco of Crec Dec Company Inc. d/b/a DGC Auto Body to operate an Automotive Repair & Auto Body Shop (Class 4 License) at 367 Mystic Avenue, Medford, Massachusetts.

    Petitions and plans may be seen in the Office of the City Clerk, Room 103, City Hall, Medford, Massachusetts.

Call 393-2501 for any accommodations/aids. T.D.D. 393-2516.

The City of Medford is an EEO/AA/504 Employer.

By Order of the City Council.

s/Edward P. Finn

    City Clerk

Advertised July 16, 2009, Medford Mercury

    PETITIONS, PRESENTATIONS AND SIMILAR MATTERS

09-612-

    Petition for Common Victualler License by Hideki Hieomoto and Takashi Iida for Nippon Unlimited, LLC d/b/a Ebisuya at 65 Riverside Avenue, Medford

ON FILE

    Business Certificate #129 Treasurer/Collector

    Building Dept. State Tax Form

    Fire Dept. Letter of Compliance

    Traffic Impact Workmen’s Compensation

    Health Dept. Petition

09-622-

    Petition for Second Hand Articles by Randy L. Marcou for Marcou Jewelers, Inc. 3850 Mystic Valley Parkway, Medford, MA

ON FILE

    Business Certificate #170 Treasurer/Collector

    Building Dept. State Tax Form

    Fire Dept. Letter of Compliance

    Traffic Impact Workmen’s Compensation

    Health Dept. Petition

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09-628-

    Petition for Junk Dealer License by Robert Gouveia for Rob’s Auto Recycling 136R Mystic Avenue

ON FILE

    Business Certificate #143 Treasurer/Collector

    Building Dept. State Tax Form

    Fire Dept. Letter of Compliance

    Traffic Impact Workmen’s Compensation

     Petition

09-613-

    Petition for Taxi Operators License by Scott M. Mayne, 17 Court St. Boston, MA

On File

    CORI Police Dept.

09-621-

    Petition for Taxi Operators License by Karen Marie Ryan, 40 Hancock St., Revere, MA 02151

On File

    CORI Police Dept.

09-616-

    Petition by Joseph Viglione regarding TV3 Equipment

09-618-

    Petition for Reversal Sign Denial Not Your Average Joe’s at 501 Fellsway

    OCD sign review Nos. 22A; 22B; 22C; and 22D. exceeds allowable amounts

09-619-

    Petition for Reversal Sign Denial by Bierbrier Development, Inc for. Wellington Circle Plaza

    at 616 Fellsway OCD sign review 27 exceeds allowable height

09-626-

    Petition for Reversal of Sign Denial by Ciro Giordano for Arthur’s Pastry Shop, 382 Main Street,

    OCD sign review 28A; 28B; 28C; 28D; all exceeding number of neon signs withdrawing 28E;28F

09-630-

    Petition for Reversal of Sign Denial by Tony Younes for 353 Salem St. Realty Trust, 353

    Salem Street,

    OCD sign review 25 exceeds allowable number of secondary signs

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    MOTIONS, ORDERS AND RESOLUTIONS

09-614- Offered by Vice President Marks

    Be it Resolved that the MBTA proposal to reduce commuter bus routes such as the 90, 325, 354, 710 routes, all of which either originate/terminate or go through Medford and adjust routes 95, 99, & 326 be discussed on behalf of the many Medford residents who depend on public transportation.

09-620- Offered by Vice President Marks

    Be it Resolved that a moment of silence be held for long time Medford resident Angelina M. DiStefano on her recent passing. Angelina was the wife of Angelo the barber a long time business owner in Medford Square and mother of officer Vincent DiStefano. Angelina was a loving wife, mother and grandmother and will be sorely missed.

09-624- Offered by Councillor Burke

    Be it Resolved that this Council request an opinion from the City Solicitor on whether Ice cream truck vendors, or similar businesses, require a Medford Peddlers Registration from the City Clerk and Chief of Police.

09-625- Offered by Councillor Burke

    Be it Resolved that the City Council entertain an ordinance allowing for sidewalk seating at eating establishments in the city. Further, that this be sent to the Zoning Sub Committee and that the Chamber of Commerce be invited to attend an upcoming meeting.

09-634- Offered by Councillor Maiocco

    Be it Resolved that Mystic Valley Development Commission be requested to report to the Medford City Council on where the 4 million dollar ruling against the developers of rivers Edge, upheld by the Middlesex superior Court is, coming from.

09-635- Offered by Councillor Penta

    Be it Resolved…why has not the City Administration and the Off Street Traffic Commission yet to correct the very hazardous roadway condition of the angle parking on Playstead Road.

09-636- Offered by Councillor Penta

    Be it Resolved…why has the Off Street Parking Commission yet to respond to the numerous council resolutions as to the pricing structure and enforcement of their responsibility.

09-637- Offered by Councillor Penta

    Be it Resolved…why has the City Administration yet to respond to the numerous council

    requests to fix the roadway and lighting at the South Street and Main Street intersection under the overpass.

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    COMMUNICATIONS FROM THE MAYOR

09-617-

    July 15, 2009

To the Honorable President

    and Members of the Medford City Council City Hall

    Medford, MA 02155

    Dear Madam President and City Councillors:

I respectfully request and recommend that your Honorable Body approve of the following final

    transfers of funds to balance accounts for the 2009 fiscal year.

    FROM TO

    010-247-5230 $24,600 010-220-5130-1102 Street Lighting Fire-Overtime

     $20,000 010-220-5170-1121

     Fire Medical

    010-181-5110 $7,475 010-220-5210 OCD-Salaries Fire-Heating Services

     $3,500 010-543-5380

     Veterans-Cash Aid

     $500 010-910 5150-1117

     Non-Contrib Retirement

    Very truly yours,

    Signature filed w/paper

    Michael J. McGlynn,

    MAYOR

MJM:lmc

09-623-

July 21, 2009

To: President Breanna Lungo Koehn and Members of the

     Medford City Council

From: Michael J. McGlynn

     Mayor

Re: Vacant strip of City-owned land located in front of 17 Foster Court, Medford

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09-623-(Cont)

    Dear Madam President and Members of the Medford City Council:

    I respectfully request and hereby recommend that your Honorable Body approve the sale of a parcel of land located in front of 17 Foster Court, Medford, MA to the 13-17 Foster Court Trust. The Trustee of the Trust are Nancy A. Scanzani (f/k/a Nancy A. Jamgochian) and Marie A. Carlile.

    This lot is noted as Lot 2 as shown on a Sub-Division Plan of Land in Medford by Charles J. Clark, Registered Land Surveyor, dated September 19, 1959.

    The lot is a narrow sliver of land consisting of 1,234 square feet of vacant land. It is approximately 132 feet in length, 10 feet wide on the south side and 5.69 feet wide on the north side.

    The current Trustees took title of the parcel adjacent to the sliver of land from their mother (now deceased), Amelia Valeriani, who, in turn, had taken title under the Will of her husband, Michael A. Valeriani.

    For years it had been assumed that the owners of the adjacent parcel also owned this narrow strip of land. A title search confirmed that it is, in fact, owned by the City of Medford.

    The acquisition of this small strip of land will rectify the title issues that had arisen because of the City’s ownership of this strip of land.

    The City of Medford Assessor’s Office has determined that the fair market value for this parcel to be $7,500.00.

    The Trustees and the City will also execute a separate Agreement, that will be binding on all successors in title to the property, which will include a covenant that if the adjacent land is ever used for three or more dwelling units, a one time lump sum payment of $22,000.00 shall be paid to the City of Medford simultaneous with the issuance of a certificate of use and occupancy.

     Respectfully Submitted,

     Signature of file w/paper

     Michael J. McGlynn

    Mayor

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09-629-

     July 23, 2009

To The Honorable President and

    Members of the Medford City Council

    City Hall

    Medford, MA 02155

Dear Madam President and Councillors:

     I respectfully request and recommend that your Honorable Body approve of the following Amendments to Revise Ordinances entitled, “Compensation Plan and Leave Ordinances,” Chapter 66, “Personnel”.

    CITY OF MEDFORD

    AMENDMENT TO REVISED ORDINANCES

    COMPENSATION PLAN AND LEAVE ORDINANCES

    CHAPTER 66, PERSONNEL

     BE IT ORDANIED by the City Council or the City of Medford in Chapter 66 entitled “Personnel” Article II entitled “Classification and Compensation Plans” Section 66:33”Administrative, Managerial, Confidential Personnel” is herby amended as follows:

Section 1. Effective July 1, 2009 strike the title City Solicitor from classification CAF 19

    and insert the title City Solicitor in classification CAF 20.

Section 2. Effective July 1, 2009 insert the title Director of Public Health/Coordinator of

    Elder Services into CAF 19.

     These changes are in accordance with the consolidation and reorganization of

    the Law, Health and Elder Services functions as explained to your Honorable

    Body during the recent budget presentation.

     Very truly yours,

     Signature filed w/paper

     Michael J. McGlynn

     MAYOR

MJM/ad

09-631-

    July 22, 2009

    To: The President and Members of the Medford City Council

From: Mayor Michael J. McGlynn

Re: Approval of Conservation Restriction

Dear Madam President and Members of the Council:

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09-631-(cont)

    I respectfully request and recommend that your Honorable Body, pursuant to the provisions of G.L. c 184 ?? 31, 32 and 33 approve a Conservation Restriction to be granted to the City of Medford by PL Park at River’s Edge- Medford LLC pertaining to a parcel of land in Medford

    containing 4.9 acres which is part of Phase I of the mixed use development known as “River’s Edge”.

    The purpose of this Conservation Restriction is to provide the public park space for passive recreation and, in certain areas, active recreation; access to the “River Park”; views of the

    River Park and the Malden River.

    The Grantor [PL Park at Rivers Edge] voluntarily agreed with the City of Medford and the Mystic Valley Development Commission to create this 4.9 acres of park space and to grant this Conservation Restriction. The City will use the 4.9 acres as compensation for land used for construction during the new schools project.

    The Conservation Restriction Area contains walkways, lighting, seating and landscaping. The area will be a public open space.

    The Conservation Restriction and related data is being provided with this request. A representative from PL Park at River’s Edge- Medford LLC will be in attendance at the

    Council meeting to answer any questions that may arise.

     Respectfully Submitted

     Signature filed w/paper

     Mayor Michael J. McGlynn

    Enc

    MJM/mer

09-632-

    July 23, 2009

To the Honorable President and

    Members of the Medford City Council

    City Hall

    Medford, MA 02155

Dear Madam President and Councillors:

    I respectfully request and recommend that your Honorable Body approve the reallocation of the bond funds previously approved for the Medford High School renovation project. There are surplus funds available due to completion of some projects and the postponement of another.

    I would like to upgrade the financial software package used by the city and school department. We need to migrate to a Windows based platform to gain the efficiencies offered in the updated software. This has been available for a few years, but I had no funds available to accomplish this task. The software provider, ADMINS, INC. has reduced the cost significantly, as follows:

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09-632-(Cont)

UPGRADE $39,000

    NEW SERVER $ 7,000

    DISK DRIVE $ 3,000 to link servers

    It will also be necessary to replace many PC’s to have them with Windows XP and REMOTE DESKTOP. Because we have 24 licenses to use for ADMINS, I believe we should buy 24 new PC’s. Some users on the CITY side also need upgrades.

24 PC’s approximate cost $24,000

    Contingency $ 2,000

    TOTAL ESTIMATED COST $75,000

    The usable PC’s will be reassigned to other users who may have very old PC’s.

    Very truly yours,

    Signature filed w/paper

     Michael J. McGlynn, Mayor

09-633-

    July 23, 2009

To the Honorable President and

    Members of the Medford City Council

    City Hall

    Medford, MA 02155

Dear Madam President and Councillors:

    In accordance with Massachusetts General Laws, Chapter 44, Section 53A, I respectfully request that your Honorable Body accept gifts totaling Nine Hundred Eighty Dollars and zero cents ($980.00) in memory of Mrs. Johanna Maloney, the recently deceased wife of former City Councillor Robert L. Maloney. Upon Mrs. Maloney’s passing, the Maloney family requested that donations be made to the Medford Fire Department and to be specifically earmarked for use at the Salem Street Fire Station.

    If you need any further information, Chief Giliberti will be pleased to answer your inquiries.

    Very truly yours,

    Signature filed w/paper

    Michael J. McGlynn,

    MAYOR

MJM:lmc

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    UNFINISHED BUSINESS

Upon motion of _________________, all Unfinished Business on the Table was taken from

    the table for action.

07-332- Mausoleum at Oak Grove Cemetery

     IN COUNCIL MAY 1, 2007 TABLED

     IN COUNCIL MAY 19, 2009 TABLED

08-366- Legislative action to prevent the taking of any taxpayer private residential

    property in Medford with the expansion of the Green Line into Medford

    IN COUNCIL MAY 6, 2008 TABLED

    08-381 Special Permit Six Month Review, Spring Street Superette

    IN COUNCIL JANUARY 6, 2009 TABLED

    IN COUNCIL MAY 19, 2009 TABLED

09-006 Taxi Operator License David Charles Marren

     IN COUNCIL JANUARY 6, 2009 TABLED

09-007 Taxi Operator License James Hazard

     IN COUNCIL JANUARY 6, 2009 TABLED

09-288 Ivan Capus, testimony on behalf of Homeowners & Bank Protection Act of 2007

    IN COUNCIL MARCH 3, 2009 TABLED

    09-439 Circle Laundry, 4110 MVP, right to object to Keno w/monitor

     IN COUNCIL APRIL 28, 2009 TABLED

     IN COUNCIL MAY 19, 2009 TABLED

    09-507 Boston Regional Hospital Property in Stoneham recent decision

    IN COUNCIL MAY 12, 2009 TABLED

    09-581 Zoning Ordinance Amendment to govern installation of wireless

    Communication facilities

    IN COUNCIL June 23, 2009 TABLED

09-582 Status of Medford Field of Dreams Project

    IN COUNCIL June 23, 2009 TABLED

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