Medford City Council

The Twenty-fifth Regular Meeting Medford, Massachusetts July 13, 2010

City Council
Robert A. Maiocco, President Frederick N. Dello Russo, Jr., Vice President Stephanie Muccini Burke Paul A. Camuso 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 Records of the Twenty-fouth Regular Meeting of June 29, 2010 were passed to Councillor Camuso. HEARINGS 10-532A Public Hearing will be held by the Medford City Council in the Howard F. Alden Memorial Auditorium, City Hall, 85 George P. Hassett Drive, Medford, MA, on Tuesday Evening, July 13, 2010, on a petition by Monirul & Qamrul Inc. d/b/a Medford Convenience Store for a Special Permit to be Granted under Chapter 94, Zoning Ordinances of the City of Medford, Section 94-148 (56B Keno) at 376 Main St., Medford, MA., a C-1 Commercial 1 Zoning District. Petition and plan may be seen in the Office of the City Clerk, City Hall, Medford, MA Call 393-2501 for any accommodations/aids. T.D.D. 393-2516. The City of Medford is an EEO/AA/504 Employer. For further information contact the City Clerk 781-393-2425 By order of the City Council. S/ Edward P. Finn, City Clerk Advertised in Medford Mercury June 29 AND July 6, 2010 1

10-523LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND CONDUITS 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, July 13, 2010 on a petition by National Grid of Malden, MA., 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. 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 National Grid UG-WR #5132484 dated 09/30/09 The following are the streets and highways referred to: Rivers Edge Drive Installation of 12-5 pvc conduits from MH596 to the property of 0 River Edge Drive

Approved Chief Engineer Upon review of this petition, the Engineering Department would recommend the grant of location provided that the following issues and concerns can be addressed. In particular Rivers Edge Drive recently constructed street, and as such any street excavation must at a minimum be restored via grind and inlay. In addition, cement concrete sidewalk restoration and loam and seed will be required. National Grid should indicate whether encroachment letters to MWRA and /or the gas side of National Grid have been sent and if so shall submit copies of said letters to Engineering Office 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 393-2501 for any accommodations/aids. T.D.D. #393-2516 Plans can be viewed in City Clerks Office 781-393-2425 s/ Edward P. Finn City Clerk 2

10-524LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND CONDUITS 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, July 13, 2010 on a petition by National Grid of Malden, MA. and Verizon New England Inc, 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. 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 National Grid and Verizon New England Inc. -WR #6604257 dated 08/26/09 The following are the streets and highways referred to: Porter Road Installation of one (1) 40 class 3-J.O. Pole #1707-1 on the sidewalk

Approved Chief Engineer Upon review of this petition, the Engineering Department finds no issue with the installation of the requested one 40-JO Pole #1701-1 on the sidewalk of Porter Rd (in front of 32 Bradlee Rd.) provided that no City owned or private utilities or other structures are adversely impacted. Actual placement of this pole will be in the grass strip along the street and there is currently no curb set to protect utility poles. National Grid will be required to loam and seed after the pole 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 393-2501 for any accommodations/aids. T.D.D. #393-2516 Plans can be viewed in City Clerks Office 781-393-2425 s/ Edward P. Finn City Clerk 3

10-525LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND CONDUITS 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, July 13, 2010 on a petition by National Grid of Malden, MA., 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. 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 National Grid . UG WR #7802192 dated 04/06/10 The following are the streets and highways referred to: Locust Street Installation for approximately 5 of 2-4 conduit across the public sidewalk to #32

Approved Chief Engineer Upon review of this petition, the Engineering Department finds no issue with the installation of the requested 5 feet of 2-4 pvc conduit in the sidewalk of Locust Street, in the vicinity of 32 Locust St., provided that no City owned or private utilities or other structures are adversely impacted.. 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. Cold Patch Repair is not acceptable Approved - Supt. of Wires
Call 393-2501 for any accommodations/aids. T.D.D. #393-2516 Plans can be viewed in City Clerks Office 781-393-2425 s/ Edward P. Finn City Clerk

10-531LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND CONDUITS 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, July 13, 2010 on a petition by National Grid of Malden, MA., 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. 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 National Grid . UG WR #7802192 dated 04/06/10 The following are the streets and highways referred to: Hinsdale Street Installation of one (1) SO Pole #2712 and associated equipment

Approved Chief Engineer Upon review of this petition, the Engineering Department finds no issue with the installation of the requested SO Pole 2712 (opposite 11/13 Hinsdale St,) provided that no City owned or private utilities or other structures are adversely impacted.. Also the proposed pole will be located between two driveways so care must be taken to make sure the pole is placed in the center of this space. Finally, the entire panel of concrete sidewalk (impacted by the pole placement) must be replaced. 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 393-2501 for any accommodations/aids. T.D.D. #393-2516 Plans can be viewed in City Clerks Office 781-393-2425 s/ Edward P. Finn City Clerk

10-543LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND CONDUITS MEDFORD, MASSACHUSETTS CITY CLERKS OFFICE You are hereby notified that by order of the 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, July 13, 2010 on a petition of MASS. ELECTRIC COMPANY for permission to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public or ways hereinafter named. Wherefore it prays that after due notice and hearing as provided by law, it may be granted 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 National Grid UG WR #6718566 05/27/09. The following are the streets and highways referred to: Codding Ave and Ellis Ave Installation of two UG Manholes and +(-) 400 of 6-5 conduits encased in concrete and miscellaneous electrical equipment

Approved Chief Engineer-The Engineering Department finds that work can proceed provided that 1) no City owned or private utilities or other structures are adversely impacted and 2) the pavement restoration of the affected streets will be as per the attached letter dated July 8, 2010 from National Grid
Before beginning work the contractor shall notify Dig Safe and shall obtain applicable permits from the engineering department. The contractor shall be responsible for street and sidewalk restoration pursuant to City of Medford regulations and standards as well as for removal of all debris related to its work 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 6

PETITIONS, PRESENTATIONS AND SIMILAR MATTERS 10-533Petition by Joseph Viglione, 59 Garfield Ave to address the Council on cable rates, cable hearing,John Byers speech and Comcast subscriber fees. 10-534Petition for a Reversal of a Sign Denial by Robert G. Abruzese, Attorney, for Prima II,LLC, property owner at 630 Fellsway OCD 2010-25Sign Shows a zoning violation blocking site distance at a corner. 10-544Petition for a Reversal of a Sign Denial by Aleksandr Yeghiyan for CTC Gold Refinery, 6 Salem Street OCD 2010-27 no movement allowed. MOTION, ORDERS AND RESOLUTIONS 10-538-Offered by Vice President Dello Russo City of Medford CALL TO THE ELECTION For State Primary Tuesday, September 14, 2010 BE IT ORDERED that the City Clerk be and he is hereby 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 State Primary on Tuesday, September 14, 2010, to assemble at the polling places in their respective wards and precincts, then and there to give in their votes for: a GOVERNOR; a LIEUTENANT GOVERNOR; an ATTORNEY GENERAL; a SECRETARY OF STATE; a TREASURER; an AUDITOR; a REPRESENTATIVE IN CONGRESS from the 7th District; a GOVERNORS COUNCILLOR from the 6 th District; a SENATOR IN GENERAL COURT from the 2nd Middlesex District; a REPRESENTATIVE IN THE GENERAL COURT from either the 23rd, 34th, or 35th Middlesex District; a DISTRICT ATTORNEY from the Northern District; a SHERIFF; and such other vacancies as may exist or occur and the polls of said 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 State Primary on September 14, 2010. Voting Precincts Ward 1 Ward 1 Ward 2 Ward 2 Ward 3 Ward 3 Precinct 1 Precinct 2 Precinct 1 Precinct 2 Precinct 1 Precinct 2 Andrews Middle School, 3000 Mystic Vly. Pkwy. Fire Fighters Club, 340 Salem St. St. Francis Parish Center, Fellsway & Fulton St. Entrances Roberts Elementary School. 35 Court St. (Park St Entrance) Lawrence Memorial Hospital, 170 Governors Ave. Temple Shalom, 475 Winthrop St. 7

Ward 4 Ward 4 Ward 5 Ward 5 Ward 6 Ward 6 Ward 7 Ward 7 Ward 8 Ward 8

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

Tufts University, Gantcher Center Rear, 161 College Ave Tufts University, Gantcher Center Rear, 161 College Ave Columbus Elementary School, 37 Hicks Ave. Columbus Elementary School, 37 Hicks Ave. Brooks Elementary School, 388 High St. Walkling Ct., Auburn St. & North St. Entrances Mystic Valley Towers/North Building Entrance McGlynn K-8 Public School, 3004 Mystic Vly. Pkwy. Senior Center, 101 Riverside Ave. V/F/W 114 Mystic Ave.

10-529-Offered by Councillor Camuso Be it Resolved that the Chief of Police and the Administrators at Tufts University meet with Emery Street to address the concerns of the neighborhood. 10-530-Offered by Councillor Camuso Be it Resolvedthat the Medford City Council sends its sincere congratulations to J. Elizabeth Cremens on recently being appointed as Judge in the Woburn District Court. 10-535-Offered by Councillor Marks Be it Resolved that the issue of trash pick-up be discussed and that all residents be mailed a copy of the trash pick-up calendar. 10-536-Offered by Councillor Marks Be it Resolved that the May 5th & 6th Boston MPO "Municipal TIP Input Days" be discussed. 10-537-Offered by Councillor Marks Be it Resolved that the administration detail what community outreach was done during the recent heat wave. 10-542-Offered by Councillor Penta Be it Resolved that an explanation be made to the council as to who selects and prioritizes the locations for spending government monies in our City.

COMMUNICATIONS FROM THE MAYOR 10-539July 7, 2010 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 of the following transfer of funds in the Fiscal 2010 Municipal budget: From 010-247-5230 Street Lights 010-247-5230 Street Lights Amount $40,000 $72,000 To 010-210-5130 Police Overtime 010-210-5130 Fire Overtime

These transfers were inadvertently omitted from the June 29, 2010 Council Agenda. The transfers are necessary to balance the respective accounts for FY 2010. Excess funds in the Street Lighting Account are available due to a number of credits to the account during the year. Very truly yours, (Signature filed/paper) Michael J. McGlynn, MAYOR MJM:lmc 10-540July 7, 2010 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 establishment of a Revolving Account for a maintenance and capital improvement program for the Field of Dreams locations under MGL Chapter 53E . 9

If approved: (10-540 con.) This Fund will support a maintenance program for the Field of Dreams locations. The Fund will pay expenses related to the maintenance debt service and/or capital improvements of said locations. Funds may also be used for capital improvements at the respective sites. Fees collected from participants and donations, will be deposited to the Fund. The Mayor will have the authority to approve expenditures for the Fund. Annually, the Mayor shall report to the City Council on the total amount of receipts and expenditures of the Fund. Very truly yours, (Signature filed/paper) Michael J. McGlynn, MAYOR MJM:lmc

10-541REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER $1,000.00 ACCOUNT #010-151-5762 Date: July 8, 2010 To: Fr: President Robert Maiocco and Members of the Honorable Medford City Council Michael J. McGlynn, Mayor

Claimant Name: Thiago Melo; File 01-97 Date of Accident: February 9, 2001 Date of Settlement: February 4, 2010 Date of Trial Result: NA Amount of Request: $12,000.00 Claimants Attorney:Dennis M. Bottone, Esq. Description of Claim: The claimant, Thiago Melo, of 171 Park Street, Medford, MA, seeks compensation for injuries he suffered on February 9, 2001 at Medford High School. At the time he was an elementary school student in the Medford Public Schools. On that day he suffered a broken left leg when he slipped and fell a result a puddle of water that had accumulated on the gymnasium floor. The source of the water was from a leak in the gymnasium roof. 10

(10-541 con.) Mr. Melo was taken to the Winchester Hospital by ambulance where the doctors performed a closed reduction and placed a cast on his left leg. The medical bills relating to his treatment were $3,394.00. All necessary releases have been signed Breakdown to Amount Requested: Medical Cost: Lost Wages: Property Damage: Other: Total Settlement: $3,394.00 -0-0-0$12,000.00

UNFINISHED BUSINESS Upon motion of _________________, all Unfinished Business on the Table was taken from the table for action. 8.366Legislative action to prevent the taking of any taxpayer private residential property in Medford with the expansion of the Green Line into Medford IN COUNCIL 10-314 MAY 6, 2008 TABLED

Taxi Operator License Philip J. Robinson IN CITY COUNCIL APRIL 13, 2010 TABLED

10.328

Three Salem Street gas station inspections & Taxes & EPA commitments IN CITY COUNCIL IN CITY COUNCIL IN CITY COUNCIL APRIL 20, 2010 APRIL 27, 2010 MAY 4, 2010 TABLED TABLED TABLED

10.460

New Residential Trash Collection IN CITY COUNCIL MAY 25, 2010 TABLED

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PUBLIC PARTICIPATION COUNCIL PAPERS IN COMMITTEE Reports Due/ Deadlines 05-895- Comprehensive Master Wellington Plan-3 months-Jan. 17, 2006 07-072-Intercept Program 08-381-Six Month Review SPC Extended Hours Spring St. Superette, Jan 6, 2009 08-529-SPC Extended Hours Burger King, 383 Middlesex 6 month review 10-076-Google RFI project papers March 9, 2010 Records: The Records of the Meeting of June 29, 2010 were passed to Councillor Camuso . Adjournment:

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