Medford City Council

The Eleventh Regular Meeting Medford, Massachusetts March 17, 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 Eleventh 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 Tenth Meeting of March 10, 2009 were passed to Vice President Marks. PETITIONS, PRESENTATIONS AND SIMILAR MATTERS 09-315- Petitioin by Mark Warsofsky, 78 Upton St., Quincy, MA 02169 for a Class I Auto Sales License for Boston Trailer Sales, LLC at 142R Mystic Avenue. ON FILE Petition Building Dept. Fire Dept. Health Dept. Traffic Impact Treasurer State Tax Form Letter of Compliance Workmans Compensation Corporation papers 1

MOTIONS, ORDERS AND RESOLUTIONS 09-311- Offered by Vice President Marks Whereas the City of Medford is committed to the diversion of household solid waste from landfills to recyclables and Whereas Medfords recycling rates are well below the state average and Whereas increased recycling rates will create economic value for our city and benefit future generations by preserving our environment than Be it Resolved that the City of Medford Explore the Recycling Bank Program which is an innovative and exciting way to offer residents with an incentive to recycle by offering reward points that can be redeemed at local business based on each pound of garbage. 09-313- Offered by Councillor Maiocco Be it resolved that the Medford City Council commend and congratulate Medfords Courtney White member of the St. Marys of Lynn womens varsity hockey team on the outstanding accomplishment of capturing a second consecutive state hockey championship and on winning 51 straight games. 09-316- Offered by Councillor Penta Be it resolved that the City Assessor, per this our third request, furnish the City Council with the locations of all cell towers, its owners of record, the assessed valuations and the taxes that were due for the past three years. COMMUNICATIONS FROM THE MAYOR 09-312REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER $1,000.00 ACCOUNT #010-151-5762 Date: March 12, 2009 To: Fr: The President and Members of the Honorable Medford City Council Michael J. McGlynn, Mayor

Claimant Name: Marlene Aborn - File #08-79 Date of Accident: N/A Date of Settlement: March 5, 2009 Date of Trial Result: NA Amount of Request: $5,875.00 Claimants Attorney:David Rome, Esquire Description of Alleged Claim: The claimant, Marlene Aborn, has been employed by the City of Medford as a Head Clerk in the Office of Veterans Services since 1997. This request for payment arises out of litigation filed in the U.S. District Court in Boston by Marlene Aborn in which she alleged that she was not properly compensated for hours that she worked in excess of her normal working hours in 2

(09-312 cont.) accordance with the provisions of the Federal Fair Labor Standards Act. The amount she alleged that she was owed was approximately $1,000. In her Complaint, Aborn alleged that, in or about December 2004, she began to work on the World War II Memorial project by compiling the list of veterans names that were eligible to appear on the memorial. She alleged that sometime between May and June 2005, she was not properly compensated for the hours that she worked in excess of her normal thirty-five hour work week. In answering her Complaint, the City denied her allegations and filed a motion to dismiss based upon the statute of limitations. Prior to ruling on the Citys motion, Magistrate Judge Joyce London Alexander ordered both side to mediation in order to arrive at a settlement. The case was settled prior to mediation, the provisions of which are, $500 to Aborn and $5,375 to her attorneys at Pyle, Rome, Lichten, Ehrenburg & Liss-Riordan. The necessary Releases have been obtained from the claimant. Breakdown to Amount Requested: Marlene Aborn: Attorneys Fees: Total Settlement: $500.00 $5,375.00 $5,875.00 COMMITTEE REPORTS 09-314-Committee of the Meeting Report from March 11, 2009 regarding Community Development Block Grant Fund for Year 35 with Public Service Agencies 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 3

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

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 10, 2009 were passed to Vice President Marks. Adjournment: