Medford City Council

The Tenth Regular Meeting Medford, Massachusetts March 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 Tenth 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 Ninth Meeting of March 3, 2009 were passed to Councillor Maiocco. PETITIONS, PRESENTATIONS AND SIMILAR MATTERS 09-301-Petition by Gary P. DaSilva, 2 Thistle Road, Saugus, MA 01906 for a Taxi Operators License. ON FILE CORI- Police

MOTIONS, ORDERS AND RESOLUTIONS 09-303-Offered by Councillor Penta Pursuant to last weeks agenda item of the employee Health insurance plan as asked to be modified by the states municipal relief package, the following is proposed Be it Resolved regarding point number one of the package The offering should say allowing cities and towns to either join the state GIC insurance program or retain their competitive bid health insurance plans as part of their employee, collective bargaining agreement. I believe that this fairly represents all parties concerned as well as protecting the collective bargaining position of those who support such position. 09-304-Offered by Councillor Penta Be it Resolved that clarification be made as to some of my comments regarding the states municipal relief package. COMMUNICATIONS FROM THE MAYOR 09-302 March 3, 2009 To: The President and Members of the Medford City Council From: Michael J. McGlynn, Mayor Re: Amendment to Chapter 74 of the Ordinances of the City of Medford relative to Excavation, Street Preservation and Street Preservation Offset Fees Dear Madam President and Members of the Medford City Council: I respectfully request and recommend that your Honorable Body approve the following amendment to Chapter 74 of the Ordinances of the City of Medford. Your approval of this Amendment will provide for revised requirements for excavation, street preservation and street preservation offset fees in a more comprehensive fashion than presently exists under our ordinances. Simply put, the purpose of these revisions is to assure that restoration work in or under any and all municipal streets, sidewalks, public rights of way, and public easements meets City of Medford standards for safety, environmental protection, timeliness, engineering, and maintenance. In addition, by accepting these amendments we are incorporating the Excavation and Trench Safety Regulations that are set forth in 520 CMR 14.00. The full text of the proposed amendment is attached to this letter. 2

(09-302 Cont.) Respectfully Submitted, Signature on file w/paper Mayor Michael J. McGlynn MJM/mer An Ordinance Amending Chapter 74 of the Ordinances of the City of Medford Excavations Street Preservation and Street Preservation Offset Fees BE IT ORDAINED: By the City Council of the City of Medford that Chapter 74 of the Ordinances of the City of Medford, as most recently amended, is hereby further amended by inserting after the present ARTICLE IV, the following ARTICLE IV. ARTICLE IV. EXCAVATIONS, STREET PRESERVATION AND STREET PRESERVATION OFFSET FEES Section 74-141. General Requirements No municipal street, sidewalk, public right of way, or public easement shall be opened, cut, excavated, bored, tunneled under, drilled, or trenched without a street opening permit issued by the Department of Public Works. No municipal street restored or re-built within the past five years shall be cut, except in an emergency, or as approved by the Commissioner of the Department of Public Works. The permit applicant shall be the person, entity, company, utility, or agency assuming responsibility for compliance with the SPOF Program, including compliance with all requirements set out or referenced here. Where such work involves a grant of location for telecommunications or electric services, or approval required by the City Council and the Superintendent of Wires for location of other utility structures or facilities, the permit applicant shall be required also to obtain approvals from the Superintendent of Wires before a street opening permit will be effective. Further, the permit applicant shall obtain all necessary permits, including but not limited to those required from the Electrical Department, Water Department, Police Department, and Fire Department before a street opening permit will be effective. Finally, the permit applicant shall obtain a Dig Safe number and shall arrange for disconnection of hazardous utilities prior to any work in or under a municipal street or sidewalk or public right of way. Section 74-141(1) In the event of an emergency requiring immediate work in or under any municipal street, sidewalk, public right of way, or public easement, the permit applicant shall notify the Department of Public Works or his or her designee as soon as practical. In no event later than the next business day after the emergency work commences, the permit applicant shall file for a street opening permit and all other permits required by City of Medford departments. Section 74-141(2) No permit applicant or contractor will be permitted to work in or under any municipal streets, sidewalks, public rights of way, or public easements unless the Commissioner determines that the permit applicant or contractor has demonstrated competence and experience to restore any and all municipal streets, sidewalks, public rights of way, and public easements in accordance with the Medford Department of Public Works 3

standards and Massachusetts Department of Telecommunications and Energy Standards (to be employed by public utility operators when restoring streets, lanes, and highways), DTE 9822 (August 1999), as amended and revised from time to time. Where the Department of Public Works determines that its standards are more substantive or specific, the Department of Public Works standards shall govern. Section 74-141(3) The Commissioner shall condition grant of a street opening permit on posting of a performance bond, provided that the Commissioner shall have discretion to waive or modify the performance bond. Section 74-141(4) At all times during the course of work in or under any municipal street, sidewalk, public right of way, or public easement, the permit holder shall meet all safety requirements of the Department of Public Works, Electrical Department, Water and Sewer Department, Police Department, and the Fire Department. Section 74-141(5) Where work in or under any municipal street or sidewalk or public right of way or public easement is to be undertaken by more than one person, entity, company, utility, or agency, the Department of Public Works may require the parties to designate a single permit applicant who shall be responsible for compliance with the SPOF program and who shall act as agent for all of the parties. Section 74-141(6) The Commissioner may establish a reasonable time limit for completion of work in or under as well as restoration of any and all municipal streets or sidewalks or public right of way or public easement. Section 74-142 (7)Administrative Fees and SPOF Restoration fees paid to the Department of Public Works under the SPOF Program are intended solely to reimburse the City of Medford for costs incurred for permitting and restoring openings in any and all municipal streets, sidewalks, public rights of way, and public easements. These fees are independent of fees charged by other departments and commissions. Section 74-142 Administrative Fees Every permit applicant shall pay an administrative fee to the Department of Public Works at the time of application for a street opening permit. Section 74-142 (1) The Commissioner shall determine the administrative fee. The administrative fee shall cover the reasonable cost to the Department of Public Works for processing the permit application, database entry and maintenance, record retrieval and maintenance, research of the street or sidewalk or public right of way or public easement and its condition, location of underground utilities and systems, identification of required permits and authorizations, and regulatory coordination with other departments. The administrative fee shall be paid at the time of permit application. Section 74-142 (2) No work, other than emergency work under section 1.1, will be permitted prior to full payment of the administrative fee unless determined otherwise by the Commissioner. Section 74-143. Street Restoration After opening and completing work in or under any municipal street, sidewalk, public right of way, or public easement, the permit holder shall be responsible for restoration. 4

Section 74-143 (1) Prior to restoration of the surface of any municipal street, sidewalk, public right of way, or public easement, the permit holder shall certify in writing that it has completed work in the opening and has backfilled, closed, and compacted the opening to a soil density value of 95% modified Proctor density as specified in the American Association of State Highway and Transportation Officials standard AASHTO T180. Section 74-143 (2) In the event the Department of Public Works Streets Division Superintendent determines that the opening has not been backfilled, closed, and compacted to this standard, the Department will charge the permit applicant for all costs required to complete backfilling, closing, and compaction to the AASHTO T180 standard. Section 74-143 (3) If the permit holder elects to participate in the SPOF Restoration program and has paid the SPOF Restoration fee calculated under section 4.2, the permit holder shall restore the opening and surface of the municipal street, sidewalk, public right of way, or public easement and maintain it in serviceable condition for 12 months. This includes restoration of surfaces impacted by all holes of any kind made with devices used for leak detection. Section 74-143 (4) If the permit holder has declined participation in the SPOF Restoration program, it shall restore the opening and surface of the municipal street, sidewalk, public right of way, or public easement to the stricter of the Massachusetts Department of Telecommunications and Energy Standards or the Department of Public Works five year standards referenced in section 1.2 and in accordance with a schedule approved by the Commissioner. Restoration shall be subject to the performance bond requirement of section 1.3. Section 74-144. SPOF Restoration Program and Fees Election to participate in the SPOF Restoration program must be made at the time of application for a street opening permit under section 1.0. Where participation in the SPOF restoration program has been made and where the SPOF Restoration fee has been paid, the permit holder will not be obligated to maintain its restoration of a municipal street, sidewalk, public right of way, or public easement beyond 12 months from completion of the restoration. Section 74-144 (1) The SPOF Restoration fee will defer part of the cost for permanent restoration of any and all municipal streets, sidewalks, public right of way, or public easement. The fee shall be paid within 30 days after grant of a street opening permit. Section 74-144 (2) The SPOF Restoration fee shall be calculated as follows: Section 74-144 (2) (a) For restoration of a municipal street opening of 50 square feet or less, the SPOF fee shall be determined by multiplying the most recent City of Medford contract price for street reconstruction times the total square footage to be restored. Section 74-144 (2) (b) For restoration of a municipal street opening of more than 50 square feet with a width of four feet or less, the SPOF Restoration fee shall be determined by multiplying the most recent City of Medford contract price for street reconstruction times the product of the length of the street to be restored and of the paved width of the street measured from curb to curb. 5

Section 74-144 (2) (c) For restoration of a longitudinal, municipal street opening of more than 50 square feet with a width of more than four feet, the SPOF Restoration fee shall be determined by multiplying the most recent City of Medford contract price for street reconstruction times the product of the length of the street to be restored and the paved width of the street measured from curb to curb. Section 74-144 (2) (d) For restoration of a public or private right of way or public easement, the SPOF fee shall be determined by multiplying the most recent City of Medford contract price for street reconstruction times the total square footage to be restored. In the event, the Department of Public Works determines that proper restoration of the right of way requires restoration of more than the work area, the SPOF fee shall be calculated to include the entire area to be restored. Section 74-144 (2) (e) For restoration of a municipal sidewalk, the SPOF Restoration fee shall be determined by multiplying the most recent City of Medford contract price for sidewalk reconstruction for the specific material required times the total square footage to be restored. Section 74-145. In addition to the provisions set forth herein in Sections 74-141 through Section 74-144, the Commissioner of the Department of Public Works is the designated Permitting Authority under 520 CMR 14.00, entitled Excavation & Trench Safety Regulation and the provision of this Regulation are incorporated by reference herein. 09-305REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER $1,000.00 ACCOUNT #010-151-5762 Date: March 5, 2009 To: Fr: The President and Members of the Honorable Medford City Council Michael J. McGlynn, Mayor

Claimant Name: Travelers Insurance - File #08-27 Date of Accident: January 14, 2008 Date of Settlement: January 23, 2009 Date of Trial Result: NA Amount of Request: $3,000.00 Claimants Attorney:Law Office of Jay L. Seibert, P.C. Description of Alleged Claim: The claimant, Travelers Insurance, as subrogee for its insured, Robert Correale, Revere, MA, seeks compensation for repairs made to Mr. Correales motor vehicle which was allegedly involved in a motor vehicle accident with a DPW plow during a snowstorm. The accident occurred on January 14, 2008 at the intersection of Webster Street and Fountain 6

(09-305 cont.) Street. The total amount initially expended by Safety Insurance was $4,049.00. The case was settled prior to trial. The necessary Releases have been obtained from the claimant. Breakdown to Amount Requested: Medical Cost: Lost Wages: Property Damage: Other: Total Settlement: -0-0$3,000.00 -0$3,000.00 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

09-006

Taxi Operator License David Charles Marren IN COUNCIL JANUARY 6, 2009 TABLED 7

09-008

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

08-073

(6) Six month Review pertaining to Alex Auto Repair on a Class 2 Used Automotive Sales License. 33 Mystic Ave (08-472) IN COUNCIL FEBRUARY 10, 2009 TABLED

9.288

Ivan Capus, testimony on behalf of Homeowners & Bank Protection Act of 2007 IN COUNCIL MARCH 3, 2009 PUBLIC PARTICIPATION COUNCIL PAPERS IN COMMITTEE TABLED

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 March 3, 2009 were passed to Councillor Maiocco. Adjournment: