Medford City Council

The Sixth Regular Meeting Medford, Massachusetts February 10, 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 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 Fifth Meeting of February 3, 2009 were passed to Councillor Penta. 08-073 (6) Six month Review pertaining to Alex Auto Repair on a Class 2 Used Automotive Sales License. 33 Mystic Ave (08-472) On File Reviews Fire Building Treasurer

PETITIONS, PRESENTATIONS AND SIMILAR MATTERS 09-062-Petition by Massachusetts Bay Transportation Authority, Stacy A. Bester, Manager of Bus Stops. To install bus stops. February 3,2009 Office of the City Council Sub Committee on Transportation City Hall 85 George P. Hassett Drive Medford, MA. 021556 Re: Bus Stop Request

The MBTA is requesting to establish two bus stops on Commercial Street at the intersection of Mystic Valley Parkway, Medford On February 19, 2009, the Cambridge District Court will open at 4040 Mystic Valley Parkway. The MBTA has received a request to provide public transportation to the courthouse. The MBTA is prepared to begin the requested service on March 21, 2009. In order to provide this service, bus stop locations need to be established. Bus Service will be provided by some trips on bus route #134 via Commercial Street. Ive attached photos of proposed bus stop locations. I am available to do a site visit if necessary. I can be reached at 617-222-5733 or sbester@mbta.com if you have any questions. Sincerely, Stacy A. Bester Manager, Bus Stops 09-072-Petition by Jason Dourian, 6 Amaranth Pl Unit 41, Medford, MA for a Taxi Operator License. ON File CORI MOTIONS, ORDERS AND RESOLUTIONS 09-070-Offered by President Lungo-Koehn Be it Resolved that all those involved in helping to erect Medfords first WIND TURBINE be commended and congratulated. 09-071-Offered by President Lungo-Koehn Be it Resolved that the City Engineer and City Auditor update the council on the 800 thousand dollars that the city was trying to recover from lost water and sewer rates back in March 08, 2008 2

09-075-Offered by Councillor Camuso and Marks Be it Resolved that the Mayor appoint a Green Line Extension Mitigation Committee to work with the Executive Office of Transportation to mitigate the issues that may arrive from the proposed implementation of the Green Line project. The committee should consist of area residents, city Engineer, city Solicitor, OCD Director, Environmental Agent, Police Chief, Fire Chief, City Council member, Tufts University representative. 09-076-Offered by Councillor Penta Be it Resolved that the city administration take immediate action to purchase the necessary computer software as it relates to the accuracy of leak detection for water and sewer and billing accountability. 09-077-Offered by Councillor Penta Be it Resolved that the City of Medford request of the states Attorney Generals Office computer criminal division to seek out and arrest those individuals who are sending unsolicited e-mails that to unsuspecting readers that pray upon their bank accounts for use in a foreign transactions or for confidential information. 09-074-Offered by Councillor Maiocco Be it Resolved that the following be adopted in the intent to protect Medfords neighborhoods from unwanted encroachment An Ordinance Amending Chapter 94 of the Ordinances of the City of Medford Vacant and Foreclosing Properties BE IT ORDAINED: By the City Council of the City of Medford that Chapter 94 of the Ordinances of the City of Medford, as most recently amended, is hereby further amended by inserting after the present ARTICLE VII, the following ARTICLE VIII. Vacant and Foreclosing Properties Section 94-480 PURPOSE

A. It is the intent of this article to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by: (1) Requiring all residential, commercial, and industrial property owners, including lenders, trustees, and service companies, to properly maintain vacant and/or foreclosing properties; and (2) Regulating the maintenance of vacant and/or foreclosing residential, commercial, and industrial properties to prevent blighted and unsecured properties. B. The Building Commissioner, pursuant to G.L. c. 143, 3, the State Building Code, and the Revised Ordinances of the City of Medford, is hereby designated as the enforcement authority. 3

 227-8 Definitions. 09-074(Cont) Section 94-481 DEFINITIONS When used in this article, unless a contrary intention clearly appears, the following terms shall have the following meanings: CITY: City of Medford COMMISSIONER: Building Commissioner DAYS : Consecutive calendar days. FORECLOSING: The process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults. INITIATION OF THE FORECLOSURE PROCESS: Taking any of the following actions: Taking possession of a residential, commercial, or industrial property pursuant to G.L. c. 244 1; A. Delivering the mortgagees notice of intention to foreclose to the borrower pursuant to G.L. c 244 17B; or B. Commencing a foreclosure action on a property in either the Land Court or Middlesex Superior Court. LOCAL : Within 20 driving miles of the property in question. MORTGAGEE : The creditor, including but not limited to service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagees rights, interests, or obligations under the mortgage agreement or any identified banking or financial institutions.. OWNER: Every person, entity, service company, property manager or real estate broker who alone or severally with others has legal or equitable title to any property or has care, charge or control of any property in any capacity, including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate or the holder of legal title; or is in mortgagee possession of any such property; or is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property, or is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he/she were the owner. However, this article shall not apply to a condominium association created pursuant to G.L. c. 183A to the extent that such association forecloses on or initiates the foreclosure process for unpaid assessments due or owing to the association. Owner also means every person who operates a rooming house or is a trustee who holds, owns or controls mortgage loans for mortgage-backed securities transactions and has initiated the foreclosure process. PROPERTY: Any real residential, commercial, or industrial property, or portion hereof, located in the City of Medford, including buildings or structures situated on the property. For purposes of this article, property does not include property owned or subject to the control of the City of Medford or any of its governmental subdivisions.

09-074(cont) SECURING: Measures that assist in making the property inaccessible to unauthorized persons. VACANT : Any property not currently occupied unless there is a building permit issued by the Building Commissioner pertaining thereto which is currently pending 227 Section 94-482 REGISTRATION OF PROPERTY; NOTICE OF FORECLOSURE A. All owners shall register vacant and/or foreclosing residential, commercial, or industrial properties with the Building Commissioner on forms provided by the Commissioner. All registrations must state the owner's or agent's phone number and mailing address. The mailing address may not be a post office box. This registration must also certify that the property was inspected by the owner or agent and identify whether the property is vacant at the time of filing. If the property is vacant, the owner or agent shall designate and retain a local individual or local property management company responsible for securing and maintaining the property. This designation shall state the individual's or company's name, phone number, and local mailing address. The mailing address may not be a post office box. If the property is in the process of foreclosure, then the registration shall be filed within seven days of the initiation of the foreclosure process as defined in 94-481 above. If the Commissioner determines that the property is vacant and that foreclosure proceedings have not been initiated, the registration must be received within 14 days of the Commissioner's first citation for improper maintenance. B. All property registrations are valid for one calendar year. An annual registration fee as determined by the Building Commissioner shall accompany the registration form. Subsequent annual registrations and fees are due at least 30 days prior to the expiration of the previous registration and must certify whether the foreclosing and/or foreclosed property remains vacant. C. Once the property is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of occupancy to the Building Commissioner. 22 Section 94-483 MAINTENANCE REQUIREMENTS A. Properties subject to this article shall be maintained in accordance with the relevant sanitary codes, building codes, and local regulations concerning external and/or visible maintenance. The owner, local individual or local property management company shall inspect and maintain the property on a monthly basis for the duration of the vacancy. B. The name and twenty-four-hour contact phone number of the local individual or property management company responsible for maintenance shall be affixed to the property. This sign shall be posted on the front of the property so it is clearly visible from the street. C. Adherence to this article does not relieve the owner of any applicable obligations set forth in City ordinances or regulations, covenant conditions and restrictions, and/or homeowners' association rules and regulations. 5

Section 94-485 INSPECTIONS The Commissioner or designee shall have the authority and the duty to inspect properties subject to this article for compliance and to issue citations for any violations. The Commissioner or designee shall have the discretion to determine when and how such inspections are to be made, provided that such policies are reasonably calculated to ensure that this article is enforced. 227-12 Violations and penalties. Section 94-485 VIOLATIONS AND PENALTIES A. Failure to register with the Commissioner shall be considered a violation of this article and is punishable by a fine of up to $300. Each week that such violation continues shall be considered a separate offense. B. Failure to identify the local individual or local property management company shall be considered a violation of this article and is punishable by a fine of up to $300. Each week that such violation continues shall be considered a separate offense. C. Failure to maintain the property shall be considered a violation of this article and is punishable by a fine of up to $300. Each week that such violation continues shall be considered a separate offense. Any expenses incurred by the City of Medford relative to securing or maintaining property shall be recoverable by placing a lien on the property. Section 94-486 APPEAL Any person aggrieved by the requirements of this article may seek an administrative appeal by making written application to the Mayor. The Mayor may designate a hearing officer to hear appeals pursuant to this article. Any person aggrieved by a final decision issued under this article by the Mayor may seek relief in any court of competent jurisdiction as provided by the laws of the commonwealth. 22 Basic View Section 94-487 REGULATORY AUTHORITY The Building Commissioner has the authority to promulgate rules and regulations necessary to implement and enforce this article.

COMMUNICATIONS FROM THE MAYOR 09-069February 3, 2009 To: The President and Members of the Medford City Council From: Michael J. McGlynn Mayor 6

09-069-(cont) Re: Fulton School, 349 Fulton Street, Medford, MA. Approval under G.L. c. 40 3 Dear Madam President 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 commonly known as the Fulton School to Rich-Mar Real Estate Development, Co., Inc. of 366 Salem Street, Medford, MA. 02155 for the sum of $630,000.00. 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. which will incorporate and make binding various restriction and provisions in the Request for Proposals which was issued relating to the Fulton School. The developer intends to keep the existing main building and remove the portable classrooms. It is its intention to renovate the former school building to accommodate eleven (11) two bedroom condominium units, one of which will be affordable. Respectfully Submitted, (Signature on file w/paper) Mayor Michael J. McGlynn 09-078February 5, 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 the attached Home Rule Petition to be sent to the General Court regarding a local option for Early Incentive Retirement. The contents of this proposed Home Rule Petition are similar to the version approved by this Council on December 8, 2008 but contain various minor changes that have been suggested by the Public Employee Retirement Administration Commission [PERAC]. Very truly yours, (Signature on file w/paper) Michael J. McGlynn. MAYOR

09-078-(Cont) HOME RULE PETITION AN ACT AUTHORIZING THE CITY OF MEDFORD TO PROVIDE FOR AN EARLY INCENTIVE RETIREMENT FOR ITS WORKFORCE AN ACT, providing for the workforce reduction of the City of Medford through an early retirement incentive program for certain employees. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for a fair and orderly manner in which the number of employees of the City of Medford can be reduced in order to meet fiscal limitations, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Section 1. The following definitions and provisions contained therein are applicable for the purposes of this Act. Eligible Employee- shall mean an active member of the retirement system of the City of Medford who meets all of the following criteria: a. has been an active member in the retirement system for at least twenty (20) years and is eligible to receive a superannuation retirement allowance in accordance with subdivision (1) of section 5 of said chapter 32 or subdivision (1) of section 10 of said chapter 32 upon the effective retirement date specified in his written application to the retirement system ; b. is not a member of the State Teachers' Retirement system; c. shall have filed a Notice of Incentive Participation with the City of Medford retirement system in accordance with section (3) herein; d. shall be classified in Group 1, Group 2 or Group 4 in accordance with clause (g) of subdivision (2) of section 3 of said chapter 32. e. Shall have waived any longevity payment due him from the City of Medford for the period commencing at the Start Date, as defined herein, and ending on his Retirement Date. f. Shall have waived any annual sick leave incentive payment or unused accrued vacation, personal days or sick time due him from the City of Medford that would have been payable upon his Retirement Date. g. Shall not have used more sick days than he has accrued in each year during that part of the Incentive Participation Period that includes the period between January 1, 2009 and ends on his Retirement Date unless the additional sick days have been approved by a physician or other medical professional chosen by the Executive Authority.

09-078-(Cont) Incentive Participation Period - shall mean the period of January 1, 2008 through January, 15, 2012. Election Period: shall mean the period of June 15, 2009 through December 31, 2009. Executive Authority- shall mean the Mayor of the City of Medford. Notice of Incentive Participation - shall mean a written application for use by Eligible Employees to indicate their participation in the Early Incentive Retirement Program herein which shall be filed during the Election Period and shall include the Start Date chosen by the Eligible Employee. Retirement Date- shall mean the effective date, no later than January 15, 2012, on which an Eligible Employee shall retire. This date shall be set forth on the Notice of Incentive Participation. Retirement Increase- shall mean an increase in the age of an Eligible Employee or his number of years and full months of creditable service. The amount of increase for an Eligible Employee who is classified in Group 1 shall be either by adding up to 4 years of age or by adding up to 4 years of creditable service or by a combination of additional years of age and service the sum of which shall not be greater than 4. The amount of increase for an Eligible Employee who is classified in Group 2 or Group 4 shall be either by adding up to 2 years of age or by adding up to 2 years of creditable service or by a combination of additional years of age and service the sum of which shall not be greater than 2. In addition, the increase shall not exceed the number of weeks during the Incentive Participation Period during which the Eligible Employee has had an additional amount of four percent (4%) withheld from his regular compensation as set forth in Section 3 of this Act and any Retroactive Benefit which the Eligible Employee may have purchased. Retroactive Benefit- shall mean the ability of an Eligible Employee to pay an amount equivalent to four percent (4%) of his annual compensation for the period of January 1, 2008 through December 31, 2008 and, in exchange, to have the calculation of his age or his number of years and full months of creditable service at the time of his retirement increased either by adding up 1 year of age or by adding 1 year of creditable service or by a combination of additional age and service the sum of which shall not be greater than one [1] year. An Eligible Employee may pay said amount in one lump sum or by way of incremental payments at such times and in such amounts as may be approved by the City Treasurer. However, in any event, such payment shall be made before the Eligible Employees Retirement Date. Start Date- shall mean the date on which an Eligible Employee begins to have an additional contribution of four percent (4%) withheld from his regular compensation to be credited toward his superannuation retirement benefit in excess of the regular amount which is withheld as his contribution to his superannuation retirement. This date shall be set forth on the Notice of Incentive Participation. Section 2 Notwithstanding chapter 32 of the General Laws or any other general or special law to the contrary, this section shall apply to an Eligible Employee as defined herein.

09-078-(cont) Notwithstanding this section or any general or special law to the contrary, the Executive Authority of the City of Medford may designate the municipal departments to which the early retirement incentive program shall apply and the time periods when it shall apply . Section 3 During the Election Period an Eligible Employee may file with the Administrator of the Medford Retirement Board a Notice of Incentive Participation indicating a Start Date on which the Eligible Employee chooses to have an additional amount of four percent (4%) withheld from his regular compensation to be credited toward his superannuation retirement benefit. The Administrator of the Medford Retirement Board shall forward a copy of the Notice of Incentive Participation to the Medford City Treasurer with the instruction to the Treasurer to withhold on each pay day beginning with the Start Date and for every pay day following thereafter up to the Eligible Employees Retirement Date four percent (4%) of the regular compensation of the Eligible Employee to be credited toward his superannuation retirement benefit in addition to any amounts already being withheld for this purpose. The Eligible Employees Start Date and Retirement Date must occur within the Incentive Retirement Period. In addition, an Eligible Employee may purchase a Retroactive Benefit by paying an amount equivalent to four percent (4%) of his annual compensation for the period of January 1, 2008 through December 31, 2008 and, in exchange, to have the calculation of his age or his number of years and full months of creditable service at the time of his retirement increased either by adding 1 year of age or by adding 1 years of creditable service or by a combination of additional age and service the sum of which shall not be greater than one [1] year. An Eligible Employee may pay said amount in one lump sum or by way of incremental payments at such times and in such amounts as may be approved by the City 10

Treasurer. However, in any event, such payment shall be made before the Eligible Employees Retirement Date. Any additional contributions paid by an Eligible Employee pursuant to the provisions of this Act will be contributed on an after tax basis. It is the intent of this Act that all contributions herein are after tax dollars. An Eligible Employees decision to participate in the Early Incentive Retirement provided by this Act shall be irrevocable. Section 4 Notwithstanding said chapter 32 to the contrary, the normal yearly amount o the retirement allowance for an Eligible Employee shall be based on the average annual rate of regular compensation as determined under paragraph (a) of subdivision (2) of section 5 of said chapter 32 and shall be computed according to the table contained in said paragraph (a) based on the age of such member and his number of years and full months of creditable service at the time of his retirement increased, for an Eligible Employee who is classified in Group 1, either by adding up to 4 years of age or by adding up to 4 years of creditable service or by a combination of additional years of age and service the sum of which shall not be greater than 4 and for an Eligible Employee who is classified in Group 2 or in Group 4, either by adding up to 2 years of age or by adding up to 2 years of creditable service or by a combination of additional years of age and service the sum of which shall not be greater than 2. In addition, the amount of additional age or creditable service shall not exceed the number of weeks during the Incentive Participation Period during which the Eligible Employee has had an additional amount of four percent (4%) withheld from his regular compensation as set forth in Section 3 of this act along with any Retroactive Benefit purchased by the Eligible Employee. 11

Section 5 The Executive Authority of the City of Medford may limit the amount of additional credit for service or age or a combination of service or age offered. The Executive Authority of the City of Medford may limit the total number of employees for whom it will approve a retirement calculated under this section or the total number of employees within each group classification for whom he will approve a retirement calculated under this section and, if participation is limited, the retirement o employees with greater years of creditable service shall be approved before approval shall be given to employees with fewer years of creditable service. Section 6 The total normal yearly amount of the retirement allowance, as determined in accordance with section 5 of said chapter 32, of an Eligible Employee who retires and receives an additional benefit under the early retirement incentive program in accordance with this Act shall not exceed 80 percent of the average annual rate of his regular compensation received during any period of 3 consecutive years of creditable service for which the rate of compensation was the highest or of the average annual rate of his regular compensation received during the periods, whether or not consecutive, constituting his last 3 years of creditable service preceding retirement, whichever is greater. Section 7 Nothing in this Act shall prohibit an Eligible Employee from making his payment for the Retirement Increase or Retroactive Benefit by way of a lump sum payment. Section 8 The executive director of the Public Employee Retirement Administration Commission shall analyze, study and valuate the costs and the actuarial liabilities attributable to the additional benefits payable in accordance with the early retirement incentive program established by 12

this Act for the retirement system of the City of Medford. The executive director shall file a report of his findings to the board, in writing, on or before December 31, 2009, together with copies thereof to the Mayor of the City of Medford. Section 9 In accordance with section 22D of said chapter 32, the retirement board of the City of Medford shall revise its retirement funding schedule to reflect the costs and the actuarial liabilities attributable to the additional benefits payable under the retirement incentive program in accordance with this section. In each of the fiscal years until the actuarial liability determined under this section shall be reduced to zero, it shall be an obligation of the City of Medford to fund such liability and there shall be appropriated to the applicable pension reserve fund in each such fiscal year the amount required by the funding schedule and the updates thereto. Section 10 The Legislature of the Commonwealth of Massachusetts may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition. Section 11 All payments made by an Eligible Employee under this Section 3 of this Act and any amounts of money waived by an Eligible Employee for any longevity payment due him from the City of Medford in the final before his Retirement Date or any amounts of money waived by the Eligible Employee representing annual sick leave incentive payment or unused accrued vacation, personal days or sick time due him from the City of Medford that would have been payable upon his Retirement Date shall be forthwith paid to the Medford Retirement system.

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Section 12 This act shall take effect upon its passage Respectfully Submitted, Mayor Michael J. McGlynn, The members of the Medford City Council voting approval for the Home Rule Petition entitled, AN ACT AUTHORIZING THE CITY OF MEDFORD TO PROVIDE FOR AN EARLY INCENTIVE RETIREMENT FOR ITS WORKFORCE, are as follows, each of whom has affixed her or his signature to this Petition which consists of eight (8) pages in its entirety. __________________________________ President Breanna Lungo-Koehn _________________________________ Vice President Michael Marks __________________________________ Paul A. Camuso __________________________________ Robert A. Maiocco ___________________________ Stephanie Muccini Burke ___________________________ Frederick N. Dello Russo ___________________________ Robert M. Penta

Commonwealth of Massachusetts Middlesex, ss February 10, 2009

I, Edward P. Finn, hereby certify that I am the duly appointed City Clerk of the City of Medford and I certify and attest that the document herein is a true copy of the Home Rule Petition passed by the City Council of the City of Medford on February 10, 2009 by a vote of of _________ in favor and ________ in the negative. Attest: (City Seal) _____________________________ Edward P. Finn

09-079February 6, 2009 To the Honorable President and Members of the Medford city Council City Hall Medford, MA 02155 14

Dear Madam President and City Councillors: I respectfully request and recommend that your Honorable Body approve the reduction of the FY 2009 budget from $132,038,298 to $130,601,327. This represents a reduction of $1,436,971. Enclosed is a list of reductions by department and line item. These reductions are necessary to meet the 9C reductions. Sincerely, (Signature on file w/paper) Michael J. McGlynn, MAYOR MJM:lmc UNFINISHED BUSINESS Upon motion of _________________, all Unfinished Business on the Table was taken from the table for action. 6.755 Council endorse letter to State Delegation re; Tax Abatement for Disabled IN COUNCIL IN COUNCIL 07-332OCTOBER 24, 2006 OCTOBER 23, 2007 TABLED TABLED

Mausoleum at Oak Grove Cemetery IN COUNCIL MAY 1, 2007 TABLED

08-010-

Petition to address Council on Plowing by Patricia Weld IN COUNCIL JANUARY 8, 2008 TABLED

8.366-

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

08-588-

Keno to Go, Freds Auto Repair, 385 Mystic Ave to object IN COUNCIL OCTOBER 21, 2008 TABLED

08-381

Special Permit Six Month Review, Spring Street Superette IN COUNCIL JANUARY 6, 2009 TABLED 15

09-006

Taxi Operator License David Charles Marren IN COUNCIL JANUARY 6, 2009 TABLED

09-008

Taxi Operator License, James Hazard IN COUNCIL JANUARY 6, 2009 TABLED

PUBLIC PARTICIPATION COUNCIL PAPERS IN COMMITTEE Reports Due/ Deadlines 05-895- Comprehensive Master Wellington Plan-3 months-Jan. 17, 2006 07-072-Intercept Program 08-588-Keno to Go, Freds Auto, November 22, 2008 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 June 2009 08-657-SPC Extended Hours, Helens Roast Beef, 321A Boston, 3 month review April 7, 2009 08-472-SPC Auto Repair Use, Alexs Auto 33 Mystic, Feb 10, 2009 Records: The Records of the Meeting of February 3, 2009 were passed to Councillor Penta. Adjournment:

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