City of Medford, MA - City Council Agenda 06/05/2007

Medford City Council

The Nineteenth Regular Meeting

Medford, Massachusetts

President Robert M. Maiocco

Vice President Breanna Lungo

Stephanie Muccini Burke

Frederick N. Dello Russo, Jr.

Council President Robert A. Maiocco called the Nineteenth Meeting of the Medford

City Council at 7:00 P.M. at the Howard F. Alden Memorial Auditorium, Medford

SALUTE TO THE FLAG

The records of the meeting of May 22, 2007 were passed to Councillor Dello Russo

PETITIONS, PRESENTATIONS AND SIMILIAR MATTERS

07-466-Petition by Donald Ward Cranley, Wards Gifts, 44 High Street, Medford

To: The Honorable City Council

85 George P. Hassett Drive

The businesses listed below respectfully request that a permit be granted from the Honorable members of the Medford City Council for the purpose of outdoor vending during our Annual Sidewalk Sale

Ward’s Gifts 44 High Street

Medford Toys 68 High Street

The Sale will be held July 25-28. The nature of this sale neceeitates that we set up tables, sales displays and similar devices on the sidewalk in front of our stores. Copies of our insurance policies for this event are on file with the city from last year and have not expired. Thank you for your consideration.

On file attached to last years permits (Insurances)

07-475-Petition by Themistoklis Zarnogeorgos, 12-15 Crane Brook Way, Peobody d/b/a Alamo’s Roast Beef at 21 Salem Street, Medford for a Common Victualler’s License

Business Certificate #103

Letter of Compliance Request

Hours of Operation Mon-Sun 10:00 AM-11:00 PM

MOTION, ORDERS AND RESOLUTIONS

07-470-Offered by Councillor Camuso

Be it Resolved that the Medford City Council sends its sincere condolences to the family of Pasquale Faggiano who passed away recently. Mr. Faggiano is the father of Medford Fire Department Lieutenant Paul Faggiano.

07-471-Offered by Councillor Camuso

Be it Resolved that the Medford City Council sends its sincere condolences to the family of Joan Lazzaro who passed away recently. Mrs. Lazzaro is the mother of Medford School department employees John and Michael Lazzaro.

07-472-Offered by Councillor Camuso

Be it Resolved that the Medford City Council sends its sincere condolences to the family of Nancy Cepas. Mrs. Cepas is the mother of Medford School Department employee Cheryl Maiocco and the mother in law of Medford City Council President Robert Maiocco.

07-473-Offered by Councillor Camuso

Be it Resolved that the Medford City Council sends its sincere condolences to the family of John "Jack" McClosky. Mr. McClosky is the husband of Mrs. Mary Chubbs of Medford.

07-474-Offered by Councillor Burke

Whereas, shade structures at Playstead Park have been removed due to vandals,

Whereas, there is no shade in the playground at this time,

Whereas, parents have requested such a structure,

Be it resolved, that the council go on record in support of installing a metal shade structure at Playstead Park and that funds be appropriated from the Linkage account-Parks

COMMUNICATIONS FROM THE MAYOR

To: The President and Members of the

Medford City Council

From: Mayor Michael J. McGlynn

Re: Land of Dell Avenue, Medford, MA.

Approval under G.L. c. 40 § 3

Dear President Maiocco and Members of the Medford City Council:

I respectfully request and recommend that your Honorable Body, pursuant to the provisions of G.L. c 40 § 3, approve and authorize the sale and transfer of the real estate identified as Lots A & B on the Sub-Division Plan prepared by Medford Engineering & Survey dated April 3, 2006 to Rich-Mar Real Estate Development Co., Inc. of 366 Salem Street, Medford, MA 02155 for the sum of $76,800.00. The President and Treasurer of the corporation is Marc Cutler.

The terms of the sale will be further governed by the provisions of a Purchase and Sale Agreement to be entered into between the City of Medford and Rich-Mar Real Estate Development Co., Inc. These terms shall reflect the requirements that the Purchase and Sale will not contain any contingencies and that the closing will take place within thirty (30) days of the signing of the Purchase and Sale Agreement.

Respectfully Submitted,

(Signature on file w/paper)

Mayor Michael J. McGlynn

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

To: The President and Members of the

Honorable Medford City Council

Fr: Michael J. McGlynn, Mayor (Signature on file w/paper)

Claimant Name: Safety Insurance Company-File #03-191

Date of Accident: December 14, 2003

Date of Settlement: May 11, 2007

Date of Trial Result: NA

Amount of Request: $2,991.64

Claimant’s Attorney: O’Keefe & Gale

Description of Alleged Claim:

In this subrogation case, the claimant insurer, Safety Insurance Company, seeks reimbursement for payments made to its insured, Michael McDonald, 172 Peregrine Road,, Abington, MA, when his parked vehicle was damaged by a City of Medford snow plow driven by Steven Tenaglia. The accident occurred on December 14, 2003 and McDonald’s vehicle was parked on Morrison Street. The total in damages paid by the Safety Insurance Company was $3,988.85. The necessary Releases have been obtained from the claimant.

Breakdown to Amount Requested:

Property Damage: $2,991.64

Total Settlement: $2,991.64

To the Honorable President

and Members of the Medford City Council

Dear Mr. President and City Councillors:

I respectfully request and recommend that your Honorable Body address and adopt the following on behalf of Sign & Pictorial Local #391.

WHEREAS: Clear Channel is the world’s largest outdoor advertiser with over 800,000 out-of-home displays, including billboards in Medford; and

WHEREAS: Recently, twenty-five union members of Sign & Pictorial Local #391voted

to strike after the company imposed wage and benefit cuts, along with

significant changes in hours and working conditions; and

WHEREAS: Members of the union had been working without a contract for 18 months;

and now therefore be it

ORDERED: That the City be and hereby is requested to cease all discussions and

accommodations with Clear Channel with regard to the advertising

boards that Clear Channel owns, including cutting or pruning trees;

ORDERED: That the City be and hereby is requested to direct the Inspectional

Services Department to inspect the structural integrity of all billboards;

ORDERED: That the City be and hereby is requested to direct the Law Department to

draft an amendment to the Municipal Code to provide that failure to

adequately maintain billboards after notice will result in permanent loss

of permits; and be it further

ORDERED: That this City Council go on record urging Clear Channel to resume

negotiations with Painters District Council #35/Sign Local #391 and

cancel the contract with out of state workers; and be it further

ORDERED: That this City Council go on record asking Clear Channel to disclose

the names, addresses, and all licenses consistent with industry standards

of any Clear Channel employee, agent, or subcontractor intending to do

work in Medford to ensure that these workers have the proper licenses

to do this work; and be it further

ORDERED: That the City be and hereby is requested to direct the Inspectional Services

Department to investigate that these out of state workers are properly

certified due to safety standards; and be it further

ORDERED: That the City be and hereby is requested to confer with the appropriate

departments to ensure that Clear Channel provide a paid strike police

detail whenever a Clear Channel or subcontractor of Clear Channel truck

enters Medford to do work or site visits of billboards in order to

adequately protect for public access and safety; and be it further

ORDERED: That the Clerk be and hereby is requested to forward a suitably engrossed

copy of this resolution to Clear Channel and Painters District Council #35 and every Medford property/business owner who hosts a billboard on

behalf of the entire City Council; and be it further

ORDERED: That the City be and hereby is requested to report back its findings to the

Representatives of Sign & Pictorial Local #391 may be in attendance to address your Honorable Body.

(Signature on file with paper)

To the Honorable President and

Members of the City Council

Dear Mr. President and City Councillors:

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

BE IT ORDERED: That the sum of $385,000.00 is hereby appropriated for the purpose of financing the acquisition and equipping of new fire apparatus and equipment, including costs incidental and related thereto, and that to raise such appropriation, the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $385,000.00 under and pursuant to Chapter 44, Section 7(9) of the General Laws as amended and supplemented, or any other enabling authority, and to issue bonds or notes therefore; that the City Council hereby declares its intention to finance, on an interim basis, the cost of the aforesaid equipment, which costs are reasonably expected to be reimbursed with the proceeds of the debt authorized hereby, and that this Order shall constitute a declaration of the official intent adopted pursuant to the requirements of the Treasury Regulations Section 1.103-18 (a) through 1.103-18 (1).

(Signature on file w/paper)

To the Honorable President and

Members of the City Council

Dear Mr. President and City Councillors:

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

Be it ordered: That the sum of $295,000.00 be and hereby is appropriated to pay for costs of constructing a memorial honoring Medford’s servicemen and women that served in World War II, and in the Korean and Viet Nam Wars, including the payment of all costs incidental and related thereto, which memorial shall be constructed on land owned or leased by the City, 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 $295,000.00under and pursuant to Chapter44, Section 8(10), of the Massachusetts General Laws, as amended and supplemented, or pursuant to any other enabling authority.

(Signature on file w/paper)

COMMITTEE REPORTS

UNFINISHED BUSINESS

Upon motion of _________________, all Unfinished Business on the Table was taken from the table for action.

06-676 Verizon’s 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

07-257- Petition by Anthony Poccio, 31 Hall St., address Council parking on his street

IN COUNCIL MARCH 13, 2007 TABLED

07-262 Communications from the Mayor, Transfer of Funds, Welcome to Medford Signs Part of Paper

IN COUNCIL MAY 15,2007 TABLED

07-301- Special Permit Public Hearing Extended Hours of Operation EXXON-Mobil

IN COUNIL APRIL 10, 2007 TABLED

07-284- LOCATION OF POLES, ATTACHMENT OF FIXTURES AND UNDERGROUND

CONDUITS-HEARING-MASS ELECTRIC/VERIZON-MIDDLESEX AVENUE

IN COUNIL APRIL 10, 2007 TABLED

07-332- Mausoleum at Oak Grove Cemetery

IN COUNCIL MAY 1, 2007 TABLED

Public Participation

COUNCIL PAPERS IN COMMITTEE

Reports Due/ Deadlines

02-430 – Auto Insurance by the Mile

02-542 – Rt. 16 under bridge lighting – from Mystic St. to Mall

04-315 – Three month review Burger King Sept. 1, 2004/Six month Dec., 1, 2004

05-895- Comprehensive Master Wellington Plan-3 months-Jan. 17, 2006

07-072-Intercept Program

07-301-Special Permit Public Hearing Extended Hours EXXONMOBIL 90 Days-7/8/07

Records: The Records of the Meeting of May 22, 2007 were passed to

Councillor Dello Russo