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Thursday, May 27, 2021

The Twenty Second Regular Meeting, June 1, 2021 Medford City Council

 


                                                           

                                                            Medford City Council                          

        Medford, Massachusetts             

 

 The Twenty Second Regular Meeting, June 1, 2021

 

City Council

 

Isaac B. “Zac” Bears

Richard F. Caraviello

John C. Falco, Jr.

Adam Knight

Michael J. Marks

Nicole Morell

George A. Scarpelli

 

 

Broadcast Live: Channel 22 (Comcast) and Channel 43 (Verizon).

 

 “Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the Medford City Council will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the City of Medford website, at www.medfordma.org. For this meeting, members of the public who wish to listen or watch the meeting may do so by accessing the meeting link contained herein. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the City of Medford or Media Community Media website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting.”

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President Richard F. Caraviello called the Regular meeting of June 1, 2021 of the Medford City Council to order at 7:00 P.M. via Zoom.

 

ROLL CALL

 

SALUTE TO THE FLAG

 

RECORDS

 

The Records of the Meeting of May 25, 2021 were passed to Councillor Bears.

 

HEARINGS

 

21-362

CITY OF MEDFORD

NOTICE OF A PUBLIC HEARING

 

A Public Hearing will be held by the Medford City Council in the Howard F. Alden Memorial Auditorium, 85 George P. Hassett Drive, Medford, Massachusetts on Tuesday Evening, June 1, 2021 at 7:00 PM on a petition from Herbert G. Chambers of Herb Chambers BMW of Medford, at 60 Mystic Avenue., Medford, for Class 2, Used Auto Sales Use Special Permit and Class 4, Auto Repair Use Special Permit, in accordance with Chapter 94, Zoning Ordinance of the City of Medford, section 94-148 (d) Table of Use Regulations, Automobile Uses 27A, for permission to operate its Class II, Second Hand Motor Vehicle Sales and Automobile Uses 37, for permission to operate its Automotive Repair Establishment at 60 Mystic Avenue, Medford, Massachusetts, a Commercial 2 (C-2) Zoning District. A Zoom link for this meeting will be posted no later than May 27, 2021. 

 

Petition and plan may be seen in the Office of the City Clerk, Medford City Hall, Medford, Massachusetts.

 

Call 781-393-2425 for any accommodations/aids.  T.D.D. 781-393-2516.  The City of Medford is an EEO/AA/504 Employer.

 

By order of the Medford City Council.

 

S/Adam L. Hurtubise, City Clerk

 

Advertised in the Medford Transcript on May 13 and May 20.

 

21-363

CITY OF MEDFORD

NOTICE OF A PUBLIC HEARING

 

A Public Hearing will be held by the Medford City Council, via Zoom Remote Videoconferencing on Tuesday Evening, June 1, 2021 at 7:00 PM on a petition from Herb Chambers BMW of Medford, under the provisions of Chapter 148, Section 13, of the General Laws of Massachusetts, for a Flammable Storage License to store one (1) 1000 Gallon Double Walled Tank of Waste Oil, two (2) 500 Gallon Double Walled Tanks of Fresh Oil, one (1) 300 Gallon Poly Tank of Washer Fluid, (1) 300 Gallon Poly Tank of Waste Coolant, one (1) 125 Cubic Foot Oxygen Tank and one (1) 80 Cubic Foot Acetylene Tank at 60 Mystic Avenue, Medford, MA 02155 in a Commercial 2 (C-2) Zoning District. A Zoom link for this meeting will be posted no later than May 27, 2021. 

 

Petition and plans may be seen in the Office of the City Clerk, City Hall, Medford, MA.

 

Call 781-393-2501 for any accommodations/aids. T.D.D.781- 393-2516.

 

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

 

By Order of the City Council.

 

Adam L. Hurtubise

City Clerk

 

Advertised in the Medford Transcript on May 13, 2021.

 

 

21-381

PETITION FOR GRANT OF LOCATION, VERIZON NEW ENGLAND, INC.,

UNDERGROUND CABLES AND FIXTURES

MEDFORD, MASSACHUSETTS

CITY CLERK’S OFFICE 

 

                        You are hereby notified that by order of the Medford City Council, a Public Hearing will be given via ZOOM, at 7:00 P.M., on TUESDAY, June 1, 2021, a link to be posted no later than Thursday, May 27, 2021, on a petition of Verizon New England, Inc., for permission to locate underground cables and fixtures including the necessary sustaining and protecting fixtures to be owned and used in common by the petitioners, along and across the following public way: Boston Avenue; also for permission erect and maintain poles, wires and cables, together with anchors, guys and other such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan marks VZ N.E. Inc. Plan No. 1A4PK6V, dated May 7, 2021 and filed in the Office of the City Clerk.

 

Wherefore it prays that after due notice and hearing as provided by law, they be granted joint or identical locations for and permission to erect and maintain poles, wires and cables, together with anchors, guys and other such sustaining and protecting fixtures as they may find necessary, said poles to be erected and substantially in accordance with the plan marked VZ N.E. Inc. Plan No. 1A4PK6V and available for inspection in the Office of the City Clerk, Medford City Hall, Room 103, 85 George P. Hassett Drive, Medford, Massachusetts 02155.

 

The following are the streets and highways referred to:

 

Boston Avenue:

 

Place two new four-inch (4”) conduits beginning at existing pole P.3311, extending ±54’ in a northeasterly direction to the property line of the Boston & Main Railroad Terminal Division.

 

This petition is necessary to accommodate new construction.

 

Approved – Chief Engineer with the following conditions:

 

1.    The Grant of Location (GOL) is limited to the fifty-four (54) feet of duct bank as described in the GOL document as follows:

 

“Place two new four-inch (4”) conduits beginning at existing pole, P.3311, extending +/- 54’ in a northeasterly direction to the property line of the Boston & Main Railroad Terminal Division.”

 

2.    Before starting work, the contractor shall notify Digsafe and shall obtain all applicable permits from the Engineering Division. The project must obtain a Street Opening permit pursuant to Section 74-141 of the City Ordinances prior to commencing work.

 

3.    No other utility structures, conduits, duct banks, pipes, or any other appurtenances are adversely impacted. National Grid shall ensure that all sewer, water, and drain lines are marked prior to any excavation.

 

 

4.    The Plan included with the petition does not include existing utilities. The Street Opening Permit application must include an engineered plan showing existing utility. The Street Opening Permit application must also include a copy of the MWRA 8(m) permit.

 

5.    Roadway surface restoration must be coordinated with the Green Line Extension project. At a minimum, final surface restoration northerly offset limits should align and abut final surface restoration resulting from other Green Line Extension utility work. If possible, the final surface restoration should be coordinated to minimize seams. The southerly offset must abut final surface restoration resulting from a National Grid installation. The final restoration plan must be approved by the Engineering Division.

 

6.    Sidewalk surface restoration must be coordinated with the Green Line Extension project. At a minimum, final sidewalk restoration on the eastern side of Boston Avenue should include new cement concrete and vertical granite curbing. The existing concrete barrier should not be replaced. The final restoration plan must be approved by the Engineering Division.

 

7.    Pavement markings must be restored. Temporary markings must be painted during the interim period between trench patch and final restoration.

 

8.    The project site must be swept daily and shall be kept free of debris for the duration of the installation.

 

 

Approved - Supt. of Wires

 

Call 781-393-2425 for any accommodations/aids. 

                                                                                                            s/Adam L. Hurtubise

                                                                                                                 City Clerk

Plans can be viewed in City Clerk’s Office, 781-393-2425.

 

MOTIONS, ORDERS AND RESOLUTIONS

21-388 – Offered by Councillor Scarpelli

Be it Resolved that the Medford City Council invite Derek Giglio to our next scheduled meeting to present him with a citation in recognition of his recent accomplishment in being elevated to Eagle Scout.

 

21-389 – Offered by Councillor Scarpelli

Be it Resolved that the Medford City Council request that the City Administration and Health Department assist all City Committees, Councils and Working Groups that hold public meetings dealing with City business in preparing a COVID plan to restart in-person meetings.

21-390 – Offered by Councillor Falco

Be it Resolved that the Administration provide a full list for entities that Sealer of Weights and Measures monitors with date of last inspection and expiration of seal.

 

 

21-391 – Offered by President Caraviello

Be it so Resolved that the Administration reach out to Paddle Boston about putting a small dock at its location at the Condon Shell as mitigation as to the City of Medford. 

 

COMMUNICATIONS FROM THE MAYOR

21-387

May 26, 2021

 

 

To: President Richard Caraviello and Honorable Members of the Medford City Council

 

From: Mayor Breanna Lungo-Koehn

 

Re: Loan Order- Water Bonds

 

Dear Mr. President and City Councilors:

 

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

 

CITY OF MEDFORD

Loan Order – Water Bonds

 

BE IT ORDERED:  That One Million Two Hundred Twenty-Two Thousand Dollars ($1,222,000) is appropriated for the purpose of making improvements to the City’s water system, including constructing and reconstructing water mains and other costs incidental and related thereto; that to meet this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount pursuant to Chapter 44, Section 8(5) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; that the Treasurer, with the approval of the Mayor, is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority (“MWRA”) pursuant to the MWRA’s Local Water Systems Assistance Program and, in connection therewith, to enter into a loan agreement and/or financial assistance agreement with the MWRA and to accept any grants for the project from the MWRA, provided that the amount of the authorized borrowing shall be reduced by the amount of any such grants received from the MWRA. 

 

AND FURTHER ORDERED:  That any premium received by the City upon the sale of any bonds or notes approved by this order, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this order in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

 

AND FURTHER ORDERED  That the Treasurer is authorized to file an application with the appropriate officials of the Commonwealth of Massachusetts (the “Commonwealth”) to qualify under Chapter 44A of the General Laws any and all bonds of the City authorized to be borrowed pursuant to this loan order and to provide such information and execute such documents as such officials of the Commonwealth may require in connection therewith. 

 

 

 

 

Very truly yours,

(Signature Filed w/Paper)

Mayor Breanna Lungo-Koehn

BLK/KS

 

May 26, 2021

 

 

President Richard Caraviello and Members of the

Honorable Medford City Council

City Hall

Medford, MA 02155

 

Re: Council Paper # 21-387           Water Bonds

 

Dear Mr. President and Members of the Medford City Council:

 

In accordance with the provisions of Medford City Council Rule 22[1], I have examined the above captioned Loan Order as to its legality and hereby submit my findings.

 

I certify that the Loan Order set forth in Council Paper # 21-387  in which authorization is sought to borrow One Million Two Hundred and Twenty-Two Thousand Dollars [$ 1,222,000.00] for the purpose of making improvements to the City’s water system, including constructing and reconstructing water mains and other costs incidental and related thereto, in conjunction with the Massachusetts Water Resources Authority’s Local Water Systems Assistance Program; and to issue bonds or notes of the City in said aggregate amount under and pursuant to G.L. c. 44 Section 8(5)[2], including the payment of all costs incidental and related thereto, is valid.

 

I am of the opinion that there is lawful authority for the issuance of said bonds under the laws of the Commonwealth of Massachusetts presently in force.

 

I further certify that the purposes for which these bonds are to be issued (i.e. making improvements to the City’s water system, including constructing and reconstructing water mains, in conjunction with the Massachusetts Water Resources Authority’s Local Water Systems Assistance Program and other costs incidental and related thereto throughout the City and to issue bonds or notes of the City in said aggregate principal amount of One Million Two-Hundred Twenty-Two Thousand Dollars [$1,222,000.00] under and pursuant to G.L. c 44 §8 (5)), is valid under the laws of the Commonwealth of Massachusetts presently in force.

 

 

                                                           

Respectfully Submitted,

                                                                                    (Signature Filed w/Paper)

Kimberly M. Scanlon

 

cc: Mayor Breanna Lungo-Koehn

 

KMS/ks

 

REPORTS OF COMMITTEES

 

20-568 - May 27, 2021 Committee of the Whole Report to follow.

 

 

PUBLIC PARTICIPATION

 

Joseph A. Viglione 

 

Joseph A. Viglione would like a discussion in public participation about Public accommodation A place of public accommodation as defined in M.G.L c. 272, section 92A includes any place open to and serving the public.

 

To participate remotely outside of Zoom, please e-mail AHurtubise@medford-ma.gov. 

 

UNFINISHED BUSINESS

 

20-425            Condolences for John Avenell

 

                        IN CITY COUNCIL               JUNE 23, 2020                                 TABLED

 

20-452            Chapter 382 of the Acts of 2002

 

                        IN CITY COUNCIL               JUNE 23, 2020                                 TABLED

 

20-635            Amend Fiscal 2021 Budget to Appropriate $740,000

 

                        IN CITY COUNCIL               NOVEMBER 17, 2020                    TABLED

 

20-600            National Grid Grant of Location Riverside Ave.

 

                        IN CITY COUNCIL               DECEMBER 8, 2020                       TABLED

 

21-023            Deadline Discount Program Be Discussed

 

                        IN CITY COUNCIL               FEBRUARY 2, 2021                        TABLED

 

21-044            Common Victualler License Medford VFW Post 1012, Inc.

 

                        IN CITY COUNCIL               FEBRUARY 2, 2021                        TABLED

 

21-018            AMENDMENTS TO REVISED ORDINANCES “PERSONNEL”

 

                        IN CITY COUNCIL               MAY 11, 2021                          1ST Reading

                        ADVERTISED                      MAY 27, 2021              Medford Transcript

                        (Eligible for 3rd Reading)    JUNE 8, 2021

 

 

Reports Due/ Deadlines

 

16-574 – University Accountability Spring 2017-Report (Next Report Due in November 2021)

 

17-606 – Evangelical Haitian Church 400 High St. 90 Day Review on Illumination- January 9, 2018 (Tabled)

 

20-085 –90-Day Review Report on 360 Health and Fitness, LLC for a petition for a Special Permit – Hours (granted by the Council, as amended to require 90-day report on June 29, 2020)

 

20-086 –90-Day Review Report on El Tacuba Cocina and Tequila Bar for a petition for a Special Permit – Hours (granted by the Council, as amended to require 90-day report period to begin on opening of restaurant)

 

20-562 – 30-and-60 Day Reviews on XSS Hotels (Fairfield/Marriott) for Reversal of Sign Denials for north facing signs abutting residential property (granted by Council, as amended to require a 30-day review on October 8, 2020 and a 60-day review on November 7, 2020)

 

20-563 – 30-and-60 Day Reviews on XSS Hotels (Fairfield/Marriott) for Reversal of Sign Denials for north facing signs abutting residential property (granted by Council, as amended to require a 30-day review on October 8, 2020 and a 60-day review on November 7, 2020)

 

20-586 – 30-and-60 Day Reviews on Greater Boston Donuts, LLC for a petition for a Common Victualler License (granted by Council, as amended to require a 30-day review on November 12, 2020 and a 60-day review on December 12, 2020)

 

20-639 – 90 Day Review on Last Light Tattoo Studio for a Special Permit to conduct a Body Art Establishment (granted by Council, as amended to require a 90-day review on February 8, 2021)

 

21-202 – Weekly Updates from Director of Public Health MaryAnn O’Connor.

 

Records:

The Records of the Meeting of May 25, 2021 were passed to Councillor Bears.

 

Adjournment:

 

 

 



[1] Rule 22.  Ordinances and bond orders referred to City Solicitor.

Every ordinance and every order for a bond issue shall, before its passage, be referred to the city solicitor, who shall forthwith examine the same as to its legality and notify the council in writing of his or her findings.

[2] G.L. c. 44 § 8 (5) Authorizes cities to borrow for the construction, reconstruction, laying or relating aqueducts of water mains, lining or relining water mains, development or construction of additional well fields for wells, 40 years.

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