[Fred Dello Russo]: The 16th regular meeting of the Medford City Council will come to order. Mr. Clerk, if you would, please call the roll. Councilor Caraviello.
[Clerk]: Present. Councilor Falco. Present. Councilor Knight. Present. Vice-President Leclerc. Present. Councilor Marks. Present. Councilor Scarpelli. Present. President De La Russa.
[Fred Dello Russo]: Present, with seven members present, none absent. Please rise and join me in the salute of the flag. The 11th National Take Back Initiative is this weekend. The Medford Police Department and the Medford Board of Health National Drug Take Back Initiative. So it's the 11th season in Medford. will be here at Medford City Hall in the back parking lot. It will be a drive-through set up on Saturday, April 30th, 2016, 10 to 2 p.m. It's a residential drop-off only. Unfortunately, they're not able to accommodate physicians' offices. And this has been announced by reverse 9-1-1 in the city, and I'm sure the details are available on the city website. And we're very grateful to the members of the Metro Police Department, and of course, Karen Rosa, Director of Public Health, for their efforts in this matter. Chair recognizes Vice President Lungo-Koehn for request to suspend the rules. Madam Vice President, for what purpose do you ask the suspension?
[Breanna Lungo-Koehn]: to take motions, orders, and resolutions, paper 16-427 and paper 16-430. As the first one, we have our city solicitor here in case any of the residents or myself or the council have questions. It'd be helpful to get an explanation from him as the public's been wanting one.
[Fred Dello Russo]: On the motion of Vice President Lungelkorn for suspension of the rules to take papers 16-427, and 16-430. All those in favor? All those opposed? The motion carries. 16-427 offered by Vice President Lundell Kern. Be resolved that the building department updates the city council with regards to what is taking place at 0 Walnut Street, which is the lot in front of 23 Walnut Street. be it further resolved that the city solicitor look into whether Zero Walnut Street is a buildable lot based on applicable zoning. Madam Vice President.
[Breanna Lungo-Koehn]: Thank you, President Dello Russo. This has obviously come to our attention several months back when the developer has, since the developer has been redoing the home that's currently there. It currently looks beautiful and I believe it's for sale. Now, there's a petition that went around with regards to the tree located at 0 Walnut Street. It's the parcel directly in front of 23 Walnut Street. And there's been some questions. I know some residents have emailed me. I've also got a phone call. And actually, yesterday, I was stopped by somebody who lives on Metcalf Street when I was in the area with regards to just questions. What's going on? What is the parcel zoned? Is it buildable? get some information from the city solicitor this week, since I've had the resolution on, as well as Ms. Aggie Tudin, who is our tree warden. And I was gonna hope to ask city solicitor to come and just make a presentation, just so I wouldn't have to read the email that was sent to us with a number of pertinent points. But really, the residents are concerned about parking on Metcalfe Street not taking, obviously, leaving the tree the way it is. I know the developers looked into and possibly retained a arborist to see if there's ways that the tree can remain while still building a home on that parcel. I have questions, obviously, for the building department. What is that parcel zoned and what can be built on that parcel? From a council standpoint, just would like to be able to inform the residents. Are there gonna be any more curb cuts? And yeah, if we could have the city solicitor up here just to maybe answer some of those questions and then just discuss a few things, that would be helpful.
[Fred Dello Russo]: If you could, Madam Vice President, where is this tree?
[Breanna Lungo-Koehn]: The tree is in the Zero Walnut Street parcel.
[Fred Dello Russo]: So it's on the private property of Zero Walnut Street?
[Breanna Lungo-Koehn]: It's on the parcel in front of 23 Walnut Street. Yes, there's a petition. About 250 people signed a petition. They're interested in the tree remaining. And I know — I'm not sure if the developer has stated whether or not he intends to keep the tree, but I know, thankfully, he's looking into it. So we're hoping — you know, obviously, there are high hopes up there, but it sounds like, from some of these emails I've got this week, that's looking a little grim, to say the least. The Press.
[Mark Rumley]: Good evening. Welcome, Mr. Solicitor. Please state your name and address for the record.
[Breanna Lungo-Koehn]: Mr. Rumley. Thank you, Mr. President.
[Mark Rumley]: My name is Mark Rumley. I'm a city solicitor. I reside at 50 Woodrow Avenue in Medford. Um, I saw this resolution on the council, uh, tonight, and I mentioned to, uh, to counsel Lungo, uh, that I, I'd be happy to at least share with what I know. And I'd be very brief about this. I'd say at the outset, I have not looked into this matter from the point of view of parking or curb cuts. The issue came to me after a, a concerned citizen sent an email to the mayor and the mayor asked me to look into the matter. Now, as Vice President Lungo mentioned, the lot at Zero Walnut Street has a beautiful beech tree, pretty much right in the middle of it. So the question becomes, the question which has been asked is, is this a buildable lot? And the answer to that is, and I've talked to the building department about this, so there's no uncertainty here. Dimensionally, it is a buildable lot. from a functional point of view, that is to place a structure on that lot and to be able to build it without the requirement of any variance, it would be necessary to take down that tree. Now, I'm not saying I'm an advocate of that, but I'm saying that the only way to build a home there, build a structure there without the necessity of a variance is to take down that tree. Now, because of the concern raised by so many of the residents in that area, and good people who are concerned about this tree, even though it's on private property, I asked John Bavuso in the building department if he could ask the developer to meet with us in the law department, and he did. And the developer said that it was his intention to build on that lot at Zero Walnut Street, and if he kept the tree and, let's say, built around the tree, that it would be necessary for him to seek certain variances because he'd be too close to boundary lines, etc. The other thing that he mentioned is that he has an arborist whom he works with who has said that if he does that, it's going to be necessary to cut some of the roots on that tree. And there's a possibility, depending upon how extensive that root cutting is, that the tree may die, or it might become unstable. So I also broached with him the possibility, and this is a bit unique, but I talked to our tree warden, Aggie Tudin, about this, and we looked at other cities and towns, and in one city or town, did save a tree, but it was a different set of facts, by having a conservation easement placed on the tree. And that was in, I believe it was Brookline, and that tree was a tree which was in front of the birthplace of President Kennedy. So there was a little bit of difference there. And that conservation easement was put on by agreement of the parties. The developer of this particular lot at Zero Walnut Street did not indicate that he was inclined to engage in a conservation easement with us. So, I have asked Mr. Bavuso to make inquiry of the developer if he would share with us his arborist report so that we could look at it. And if indeed there isn't one, we might be able to assist him in getting a full arborist report. I don't think that that would be beyond the scope of the right thing to do as a municipality to help with that report. Not to help the developer, but to get answers to questions raised by the residents in that area. Over the years, working in the law department and as city solicitor, it's these types of issues when they come up, they're not so easily answered as to say, this is private property, so it's not the city's business. While that ultimately may be the result, it behooves everyone to try to work towards solutions which are consensual with everyone, and that's what we're trying to do. So that's pretty much the status of all this right now. There's a little bit more, but those types of discussions are really in a state of flux. I do agree with Vice President Lungo that this situation is grim in terms of saving that tree, but nonetheless, we are making every attempt we can to try to be an instrument of reaching an accord with all parties, even though those prospects may not be very positive.
[Breanna Lungo-Koehn]: Thank you, City Solicitor Emily. One question I guess I have is with regards to needing variances from the zoning board. Now, if there is that petition, I think there's 250 people that, you know, obviously to get a petition of that many with regards to this tree, it means something to the neighborhood. It means something. I know the petition extends far up to South Medford in both directions, so would it be Or is there any way that the city can work with the zoning board, the developer, and maybe the residents to try to get a meeting together to see if we can appease the developer by maybe having the residents there to advocate for a variance?
[Mark Rumley]: I understand what you've just said, and it really comes down to this. The developer would have no need to go before the Zoning Board of Appeals if the tree comes down, because he won't need any variances. Conversely, if he chooses to relocate the structure in a fashion which would save the tree, I don't think it would be too much to say that almost everyone on that petition would probably come and speak in favor of his request for a variance. But that, of course, is a matter of speculation, but I don't think it's very speculative. I think people would support that to save the tree.
[Breanna Lungo-Koehn]: Would you be willing to say within the next week, just draft up something, or I don't know if this would maybe be the building department or the zoning board, somehow get the council a list of what variances would be needed? if that tree was to stay and he was to build?
[Mark Rumley]: Normally, the answer to that question, Madam Vice President, would be yes, that would be — we'd be happy to provide you that. Except even that is a matter of speculation unless something's applied for it, because we don't know exactly where the house would be and what variances would be necessary — where the house would be on that lot. It may need some setback variances and not others. So, you can have a general answer, but it's — that's all a matter of speculation. not certainty. So there will be setback variances. And others, depending upon where the house was situated.
[Breanna Lungo-Koehn]: I would just like to move also that we maybe get our arborist, our tree warden, to draft a report for us. Go down, take a look, draft her own report, and get it to the council with regards to what type of damage would be done if they had to cut through the roots and try to save the tree, and if that's applicable.
[Adam Knight]: I don't know if our tree warden has the right to go on private property and examine a tree that belongs to a private resident.
[Fred Dello Russo]: No, I don't know if this matters a matter for the city council. Well, just to answer the question. Absolutely.
[Breanna Lungo-Koehn]: I have many, many citizens who are trying to get answers from me, one city councilor. So I think it's definitely pertinent and relevant.
[Mark Rumley]: The direct answer to the question is that the tree wooden does not have the right to go on to private property to do testing of the tree roots or anything else without the agreement of the owner. Now, I understand the sentiments behind it, and the response to that is that private property is something that we just can't enter onto, even if we have the best of public intentions, because this is still America.
[Breanna Lungo-Koehn]: Don't you think she could examine the property from the sidewalk?
[Mark Rumley]: not the roots. And that's the, that's the rub chair.
[Breanna Lungo-Koehn]: I would just ask, um, put, put a motion forth that the council be given that copy of the report. Um, jumbo server requested a copy of the Albert risk report from Mr. From the developer. So if the city of Medford gets that report, if it could be forwarded to the city council, we'll certainly share that. So move that as a, um, resolve, please.
[Richard Caraviello]: Chair recognizes council. Thank you, Mr. President. Um, When I saw this on the agenda this week, I went by there on Friday and looked at the property. And I'll tell you, the tree is outstanding. I mean, there's really no other way to put it. And I looked around the property there, and then the guy looks like he's doing an outstanding job of the house doing it over. And by even putting another house there, it compromises the whole look of the whole area. It would be another shame to let another house go there. I mean, like you said, I don't know our grounds are, but I'll say it compromises the whole look of the whole property and the whole neighborhood by letting that other house go on that spot there. Nevermind the curb cuts and added traffic that would be added to that neighborhood.
[Mark Rumley]: Right. The city has no legal options right now.
[Fred Dello Russo]: Chair recognizes Councilor Marks.
[Michael Marks]: Thank you, Mr. President. I think some of the initial concern was raised by a resident that went down to the building department and reviewed the building plans and plot plans for that particular piece of property. And there was some notes put on the plot plan, I believe it was, that said, this is not a buildable lot. A lot cannot be built on. And they were handwritten notes. I know, if I could just make my point. And I think at the time, and this is going back many years ago, is that someone from the building department went down and looked at it and said, based on this tree, this beech tree that's 125 years old that was probably there before many of the homes in the area, that in his opinion, you couldn't build Because the lot with that tree on it wasn't big enough to put a house. But legally, I guess, from what I was told by John Bavuso, is that lot meets every requirement as a buildable lot. And that was some of the confusion, because that was the original email I sent out on behalf of the resident.
[Mark Rumley]: And that's true. There was a notation on the assessor's records that was code 0321012, which when you look in the The assessor's guide says unbuildable. But that means it would be unbuildable if in its physical condition, if that tree stayed. The same type of notation is made on properties that have like a cliff or a wall or things of that nature. Unbuildable from a physical point of view. What makes it buildable would be if the tree was taken down. One of the residents in the area had raised that issue at various times over the course of the last couple of months, and today I asked Mr. O'Neill, Ed O'Neill, our chief assessor, to come to my office at 10 o'clock, and we had this, oh, Jesus. It's all right. I think he's okay. Um, we had this resident call. I mean, I asked her for a telephone number and we had her on a conference call today. So we explained those notations and what they meant. And it was confusing to a lot of people, including myself. But Mr. O'Neill showed how that meant physically. You could not build on it if that tree were to stay. But legally, if the tree is gone, you could build. And that is a matter of tax valuation as opposed to zoning. That particular code of unbuildable was meant for the valuation of that property from an assessor's point of view, not the buildable part of it from a zoning point of view. So that was confusing. You're right.
[Michael Marks]: And just the other point I have, Mr. President, is that In addition to the tree, which I agree, I mean, that tree makes up the very fabric of that neighborhood. It's like the tree, the magnificent tree across from St. Joseph's School that's been on that front lawn for 150 years. And I don't know what the type of tree it is, but it's a beautiful, the leaves come out purple. It's just a beautiful tree. It's on private property. I could see why neighbors would get upset, but I think some of the concern I have also is with, I went by the other day and I noticed the curb cuts on Metcalf. And I'm under the impression that if there is another house built at the corner, that they're going to be petitioning for curb cuts on Walnut.
[Mark Rumley]: That may well be true, but I don't know about that.
[Michael Marks]: That's what I'm under the impression. And, uh, you know, I think this is some of the concern, uh, it's tight neighborhood to park already. Um, as everyone is aware of and anytime you take, even if it's just a few spots of parking, especially in Metcalfe, it makes a big difference to the neighborhood. Although he did put a number of, uh, surface slots on his own property. Um, there still is a concern in the area, but, um, I'm not sure what can be done for the tree itself, not to make light of it, but I've seen some unique shows on A&E where they make beautiful tree houses. And I was thinking maybe if we could make a combination house with the tree somehow, maybe be the centerpiece when you walk in, something to that effect that we may be able to come to a compromise.
[Mark Rumley]: That certainly is beyond my capability, but it's interesting.
[Michael Marks]: I thought so.
[Mark Rumley]: Thank you.
[John Falco]: She recognized council Falco. Thank you, Mr. President. Um, I did drive by the property and the, the, the tree is beautiful and it'd be really sad to see the tree go. Um, but I'm just curious as far as, and I'm not sure if the, through you to, uh, the city sales solicitor to, uh, to a Councilor, uh, Lungo, um, does anyone know the square footage of the lot that the tree is on?
[Mark Rumley]: I have that in a file in my office. Yes, it is. It is sufficient for buildable purposes. Okay. I don't have the exact amount on top of my head.
[John Falco]: I'm just curious, because I think the lot was originally split, is that what happened? Yeah.
[Mark Rumley]: So I don't know. But I'll certainly get you that. If you could, that'd be great.
[John Falco]: Thank you very much.
[Mark Rumley]: Councilman Knight. Send that out tomorrow.
[Adam Knight]: Mr. President. An interesting situation happened down in Duxbury that was very similar to this. A gentleman bought a parcel of land, and in the backyard of this parcel was a very old tree. And there was a bunch of community outcry to save the tree. And the gentleman had spent close to a million dollars on buying a piece of land that was waterfront property, and he didn't want to save the tree. And it was his land, and he didn't want to save it. And that was all well and good. And what happened was the community and the property owner got together and they sat down and they devised a plan to move the tree. So if, in fact, the property owner has intentions of taking the tree down, Mr. President, I'm wondering if our tree warden would be willing to take a look at it and maybe give the council an estimate with how much it would cost to actually move the tree. And I'm sure if the property owner is going to be cutting the tree down, he'd be just as willing to donate it to the city if the city would be willing to remove the tree and plant it elsewhere. It's huge, it's absolutely huge. I know it's gigantic, there's no question about it. And the tree in Duxbury was gigantic as well, but they were able to move it. So that's why I raised the issue as to what she thinks the cost might be associated with that, if they'd be able to move the tree as opposed to cutting it down if it came to that circumstance, Mr. President.
[Fred Dello Russo]: As further amended by Councilor Knight. Gentleman at the podium, please state your name and address for the record.
[jCO6jvvXtn0_SPEAKER_03]: Nick Tomazook, 29 Garfield Avenue. I just have one question. Were the taxes on this property paid as an unbuildable lot or a buildable lot? Because there's a difference in tax rates. Thank you.
[Fred Dello Russo]: On the motion for approval by Councilor Lungo-Koehn as amended and by she and Councilor Knight, Mr. Councilor Motz.
[Michael Marks]: Just if I could, Mr. President, um, many people may not be aware, but, uh, our building commission has been out with, uh, um, surgery, uh, and, uh, hope he recovers quickly. And I personally would like to thank, uh, solicitor Romley. because he stepped up to the plate on a number of issues to address things that maybe are out of his purview. And he's done a great job, and I know this is one of them that he stepped up to assist the residents. It may not be the answer the residents wanted, but at least they got some answers. And I just want to personally thank Solicitor Rumley.
[Fred Dello Russo]: We have a lot to be grateful to Attorney Rumley for. On the motion for approval as amended. All those in favor? Opposed? 16-430 offered by vice-president Lungo-Koehn. Be it resolved that the current issues surrounding Craddock bridge construction be discussed and that a concerned business owner be allowed to address the council. Madam vice-president.
[Breanna Lungo-Koehn]: Thank you. I'm president Delaware. So it was brought to my attention, um, that today specifically, there was a lot of jackhammering going on, um, with regards to the Craddock bridge, but the vibration detector was for some reason removed today. So that's the first thing I want to bring up. I had brought that up to the engineer's attention, and it seemed to her like it was movable. But for some reason, this noise detection machine is at the same place, same time, every day, all day. And for some reason today, they're jackhammering, the building's vibrating, the bridge is vibrating, and that detection machine was gone. So I did reach out to the MassDOT, and I reached out to the city engineer and to me it doesn't look good. Obviously I don't think that it's safe to remove a vibration detector, noise detector from somewhere where they're doing major work. So I'd like to get an update from MassDOT with regards to why it was removed and see if there's any way we can this Mastod can make this a permanent detection system, so it's never moved, and there's no question out there as to if and why such a machine was moved. That's my first issue. And then the second issue — The Press.
[Fred Dello Russo]: If I could, Madam Vice President, just point out that that was a precondition to this entire project.
[Breanna Lungo-Koehn]: The Vice President. Right. It's — for some reason, it's movable. So it's always been in the same location. And when I drove by today, and from what I've heard from another — from a business owner, This machine was not where it always is. And there was quite a bit of activity on the property today, so it makes you question why this detector was moved. And I'd just like to see if MassDOT would agree to make it something permanent, something stable so it's unable to be moved. And I think that would clear up a lot of concerns of the business district. you know, got complaints with regards to the cleanliness of the property, windows never being cleaned, businesses almost looking filthy. And I think that deters from residents frequenting our constituents, consumers frequenting our businesses. So my second request to MassDOT is that maybe we do a clean, if the windows can be power washed on the surrounding, you know, on the few surrounding businesses, maybe at the end of every week. I think that's a good recommendation and something that will make the area look a little neater for when the weekend, when we shut down for the weekend and some of the businesses are still open. Also have just, if we could get an update with regards to the parking, there was parking spots that were implemented and I know there's a committee, our committee, George Councilor Scarpelli And that committee is working on, with regards to the bus stop, I know I've gotten complaints with regards to buses kind of swinging into the street and it being unsafe. So I know that committee's working on that. But also the parking spaces that were at the location, they were there temporarily and now they're gone. So if the council can get an update with regards to why the three parking spaces were implemented and then removed from the front of the business, that would be helpful. And lastly, it came to my attention today. Thankfully, our engineer responded to my email, but it looks like we do have a point person to the project that I was unaware of. So the city did put somebody as point, but as far as I know, the first I heard of it was today. I'm not sure when this person was represented as the point person. It's something that the council requested, and I'm glad that it's being done. But as far as I know, I don't know if that point person has been out there, so maybe if we can just get some clarification on what the point person's duties, from the city engineer's office, what that person's duties are, if that person's gonna be going out to local businesses to discuss the needs and concerns on maybe a weekly basis, like we recommended, to have a point person that hasn't done anything, and I think it's been a few weeks since that person's been appointed point person. I do have the name. I have the name, but I am. No.
[Clerk]: No, it's a female.
[Breanna Lungo-Koehn]: Penny, what's the last name? Penny A, yes, has been point person. So if we can just get an update with regards to contact information, phone number, email, so we can get that to businesses so that we have it in case we have questions. Today I first reached out to MassDOT when I had concerns, and I would have first, you know, reached out to the city of Medford to maybe do that for me. And I think that's important for the council to have. I think it's important for the businesses, all the Medford Square businesses to have. And for some reason, you know, nobody's really seen anybody down there. And I think that's something that the council has asked for repeatedly. I'm very happy somebody's appointed, but obviously we need to just know what that is going to entail and how that person's going to help. with our concerns, the residents' concerns, and the businesses' concerns.
[Fred Dello Russo]: So on the motion of Vice President Lago-Kern, as amended four times, I think a citizen would like to address us. Good evening. Please state your name and address for the record. Welcome.
[Maury Carroll]: Good evening, Maury Carroll, 31 Richard Street, Medford. I'm also the owner of Carroll's Restaurant in Medford Square. At this point, the most direct about it to the project going on. I'd just like to follow up what Councilor Kern had to say. First of all, my building is painted black on the outside, and I have brown awnings with white lettering on those awnings. If anybody takes a ride by, it's a nice concrete gray dust color at this point. I don't believe it's within our realm as an operator that I should be cleaning up after MassDOT and the construction and the contracting going on. It's nice to hear that we have a liaison that I think was appointed back in February. I'm not entirely sure. But to have no one show up or be recognized or introduce themselves certainly says a lot about where the interests of maybe the residents of this building, where they're at as far as the construction project that's going on. It should be embarrassed as far as I'm concerned that someone's been appointed since February and not has once knocked on the door, given a phone number, or even made a phone call if they're so busy they can't make a trip down to the square. Today's vibrations, they've had a I guess they call it a DB sensor machine. It's got a microphone, a data recorder, and it records the sounds and the vibrations. They do have vibration sensors attached to the building. But for some reason today, with the excavator virtually leaning on the building today and pounding away, with bottles rattling, glassware rattling, if you sit anywhere, you can feel the vibration of the building. Miraculously, it disappeared. Now, maybe it can't be out there in the rain today, but it could be out there in the rain last week. Again, I'm not entirely sure how this vanished overnight with the excavator leaving on the building. It's probably just a coincidence, but I don't think so. We just need your help down there. We had 24 hours of parking. It lasted 24 hours that the traffic commission approved. And one of the other divisions, I think it was the team, got upset. They weren't notified. Signs are gone. There's no consideration to the operators going on down there in this project. They take no prisoners. And I'm becoming a president. And it's really tough to do business down there right now. So any help, any recommendations, any way we can open the lines of communication, was at the mayor's office. Mayor came down one day. It was just before the Committee of the Whole meeting. I've never heard a word or a phone call or follow-up since. We asked for signage at that Committee of the Whole meeting back in January, and they assured us that we were going to receive all kinds of new signage and directions on how to get to the different businesses. It's still the same. Now, I know they don't move that quick, January to the end of April. Maybe I'm asking for too much. But it's not pretty what's going on down there. So, again, whatever you can do, thank you for your time. Certainly appreciate it.
[Fred Dello Russo]: Mr. Carroll, you have full support. Chair recognizes Vice President Mungo Kern.
[Breanna Lungo-Koehn]: Thank you, President Dello Russo. I, too, remember we voted to ask MassDOT to put some extra signage in and they said they'd do it. But can you refresh my recollection exactly so that we can maybe ask them again tonight what
[Maury Carroll]: They were just going to put more signage that the businesses are open, the restaurant is open, the real estate office, the insurance company, just try to make it more visible down there because you can tell it's locked in pretty well.
[Breanna Lungo-Koehn]: If we can add that to...
[Maury Carroll]: I mean, this has absolutely shut down my complete day business. Fred, as you all know, we did a lot of after-funeral business and everything. No one was coming down there with that banging and that sort of stuff. I mean, it just keeps biting away every month now at different revenue centers that we have built into the operation.
[Breanna Lungo-Koehn]: Thank you.
[Fred Dello Russo]: I appreciate it. Vice President Lungelkorn, as amended by Vice President Lungelkorn. Chair recognizes Councilor Scarpelli.
[George Scarpelli]: Thank you, Mr. President. To Mr. Carroll, I know that in the view in public, we will be having a subcommittee that is planned for May 3rd. Unfortunately, the Department of Transportation can only do meetings before a certain time, which is funny. Representative Donato really did a great job really pushing them along. It's been too long, and we hope to have a resolution on May 3rd and move some things forward. I've been by that site every morning, taking a few hundred pictures, and one of the things we're noticing is the buses that aren't even coming close to the curb and sticking out into High Street because of the construction work, which is a very dangerous situation. That's something that we'll be discussing with the Department of Transportation on the 3rd. So, again, sorry you have to go through this.
[Michael Marks]: Councilman Miles. Thank you, Mr. President. I remember when DOT was before us and one of the questions that was asked regarding construction equipment. We had concern that equipment would be moved off the roadway during certain hours of non-work. But one of the questions that was asked was about power washing of buildings and windows in the area. To date, Mari, have you seen any power washing? I know you may. So that was one day that they cleaned windows? And the construction's been going on for, since October. So, Mr. President, as part of whatever recommendations, and I agree with the signage, that's important. I think we have to note, Mr. President, that when DOT came in, I think the city really could have played hardball at the time. This was a huge disruption to traffic flow, to businesses, to residents, to people catching the bus, you name it. And we allowed a temporary bridge to cross private property. We allowed them to put up barriers in front of well-established businesses, crippling these businesses in the area. No one, to be quite honest with you, wants to walk down by that area. And I can see how this is going to have an impact. And I wish I could tell you it's going to end soon. And as you know, it's going to be for a while out there. So I would ask, Mr. President, that I know when we ask them to come before us, they come and they don't really give us any answers, or they years us to death. And, you know, I'm not sure what the next step is. This council a while back recommended that we halt the project. and have the building commissioner go out there and put a cease and desist in that particular area until we get hard fact answers on some of the concerns that are being raised. And at the time, I thought it was a great suggestion, but I'm not sure if the city has the stomach to do that, Mr. President. But I can tell you, if I was in the corner office, that would be the first thing I'd do on behalf of the business owners and the residents of this community. And it's not to stop progress, and it's not to stop the Craddock Bridge, which we all know needs to be done. It's to make sure that we're looking out for the interest of our community. And I don't see that happening. I really don't. You can appoint all the point people you want, but I don't see any of the major issues being followed through. And lastly, Mr. President, When they did the Fast 14 project out here through the square, one of the largest building projects, highway building projects in bridge repair in this state's history. It happened over several months. It was a minor disruption. And the contractor, which was hired by the state, paid mitigation money to the city. and we repaved Hormel Stadium. I think we bought some new police cruises. We did a number of things with that mitigation money. They had a senior picnic because the seniors had to listen to the disruption and so forth. And now we have a gentleman that's practically, you already told us, he lost his afternoon business. He's being practically put out of business and the state will not discuss, the state said we do not pay mitigation. When they did the big project 93, they paid all those particular businesses, Techie and all the businesses going along 93 when they did the big dig. They all got mitigation money and they looked at their records and saw that the business went down during this particular period of time. And they paid the business owners, and rightfully so, Mr. President. And here we have a business owner in the city that the state won't even entertain it, saying they don't pay mitigation. I just find that difficult to swallow, Mr. President. And, you know, we're not against progress, but we're against local businesses. It's tough enough in the square to make business. And when you have a project like this and hurting these local people that are really trying to stick it out. Right? But, Mara, you're trying to stick it out there. You're trying to — it's a matter of day to day. It's a matter of day to day for these businesses. And, you know, I'm really at wit's end with this, Mr. President. And I can't imagine having a business for two and a half to three years put up with this type of debris, dirt, construction, barriers, and you name it, every day. I can't imagine. So I think we have to ask again, and it was unanimous vote last time, unanimous vote by this council for a cease and desist. But if councils aren't ready to vote on that, or if they'd rather discuss this with the administration, I think we should discuss it with the mayor first. The mayor has a lot of leverage with different state departments, in particular DOT. And I think we should call for a meeting with the mayor, Mr. President, to discuss this issue.
[Fred Dello Russo]: Absolutely.
[Michael Marks]: So I look for your leadership, Mr. President, to set something up.
[Fred Dello Russo]: We will work on that. Chair recognizes Councilor Knight.
[Adam Knight]: Mr. President, thank you very much. And Mr. Carroll, we had a long conversation last week about this topic, and it's something that I'm well aware of. And I apologize on behalf of the city and the state for what you have to go through. And I hope that You and your family are able to fare the storms until we can get some sort of resolve here for you. Mr. President, I'd like to amend the paper. And I'd like to ask that our city point person from the engineering department report to the council what steps have been taken to ensure the accountability of the contractors.
[Fred Dello Russo]: What steps? Yes, the point person has taken.
[Adam Knight]: In compliance with the mitigation efforts, Mr. President, that they've come up here and sold us like snake oil on several different occasions, I think it's important that the city holds them accountable. If they come up here and say they're going to do something and then don't do it, who's watching the house? Who's making sure they're doing what they're supposed to do? And I'd also like to ask the question as to what outreach efforts have been conducted by the city point person between the business community, the administration, and the contractor to ensure that we don't have to keep running into these same problems?
[Fred Dello Russo]: to reach out to the aggrieved business owners, the local community, and to communicate those sentiments to the administration and the various department heads.
[Adam Knight]: And because I think, Mr. President, it's one thing for us to keep asking for some action. but there should be some sort of record or documentation of what's being done, what phone calls are being made, whether they're in non-compliance, whether they're in compliance, whether or not, you know, the simple and small items that will affect the quality of life that are really not very costly are being done so that we can all live together and get along and get this project over with without impeding construction but also allowing the businesses to be successful.
[Fred Dello Russo]: Also care for you.
[Richard Caraviello]: Thank you. Mr. President. I think council Marcus is a, is a 100% correct. Uh, they can send it to the mayor, get involved this project now and, uh, and give us a, all a little bit of help here. Um, I'll also ask that, um, council Scarpelli, if council Scarpelli will add the, uh, our city point person to our meeting, uh, on the third, um, to come with us when, when we're all did, uh, doing, uh, the work with the T would be helpful too. And also that point person come here next week along with the point person from Zoppo to answer questions that we have.
[Fred Dello Russo]: Very good. As further amended. So on the main motion as amended by councillors Lungelkorn, Knight, Mox, and Caraviello. All those in favor. Roll call. Roll call vote has been requested. Mr. Clerk, please if you would call the roll. Motion to sever, Mr. Koslow? Sever? I don't know much about anti-vibration devices and whether or not there should be people who would not move Mr. President.
[Adam Knight]: I'm not comfortable at this point in time telling Mr. Nixon to screen or not.
[Fred Dello Russo]: So on the, we will sever out the anti-vibration part of this and take that vote first. So on that. Amendment. Mr. Clerk, please call.
[Richard Caraviello]: Could you, could you read that amendment, Mr. President that we're voting on?
[Fred Dello Russo]: I mean, that the, uh, city, uh, that the, uh, mass dot, uh, report back to the city council and re on why they've moved or if they have moved the vibration detectors. Thank you. And, uh, for what reason it may or may not have been moved. I don't think there's any person in this room right now who has the technical wherewithal to make that decision, Mr. Councilor. You wish to?
[Maury Carroll]: Just a quick point on that, just so we're all clear. I did speak to Mike Wittig, who is the DOT's point person for this project. When, uh, I called him regarding the sensor or whatever it is missing. He says it's supposed to be there for the entire duration of the job. If that helps at all.
[Fred Dello Russo]: That was a precondition to the whole project. And we entertain that from the beginning.
[Clerk]: So on that, on that withdraw the motion.
[Fred Dello Russo]: So Mr. Clerk, take the, uh, Take the roll, please, on the main motion, which was offered under suspension by Vice President Lago-Curran, and amended.
[Clerk]: Councilor Caraviello? Yes. Councilor Falco? Yes. Councilor Knight? Yes. Vice President Lago-Curran? Yes. Councilor Marks?
[Unidentified]: Yes.
[Clerk]: Councilor Scarpelli? Yes. President Dello Russo?
[Fred Dello Russo]: Yes. With a vote of seven in the affirmative, the motion passes unanimously. Madam Vice President.
[Breanna Lungo-Koehn]: Well, we're under suspension if we could just let a resident speak to make an announcement about a community event. Thank you.
[Fred Dello Russo]: Please state your name and address for the record.
[Cheryl Rodriguez]: Shara Rodriguez, 281 Park Street. I'm here on behalf of the students of the Roberts Elementary School. We have received a grant from the Massachusetts Cultural Council to place a mural in our school. We have a resident artist coming in, Susan Altman, who will be helping every single student build this mural. And we'll be unveiling it at our second art night on May 26. And I would like to formally invite the council and anyone in the Roberts community to attend. What time? Thank you very much. What time? It's at 6 PM.
[Fred Dello Russo]: 6 PM.
[Cheryl Rodriguez]: On Thursday the 26th.
[Fred Dello Russo]: Thursday the 26th, thank you very much. Good night for Thursday. Thank you for your kind efforts in that matter. On the motion of Councilor Adam Knight to return to the order of business. All those in favor? All those opposed? We'll clean up the calendar and then return to the superfluous amount of items offered under suspension tonight. that we're going to take under consideration, which questions one's adherence to certain regulations. Public hearing, 16-403. Public hearing will be held in the Howard F. Alden Memorial Chambers, City Hall, Medford, Massachusetts, on Tuesday evening, April 26, 2016, at 7 p.m., on a petition by Seiko Autobody Incorporated to operate an automotive repair and auto body shop, class four license at 391-397 Riverside Avenue, Medford, Massachusetts, in one or I industrial zoning district. Petitions and plans may be seen in the office of the city clerk. Room 103, City Hall, Medford, Massachusetts. Call for accommodations, et cetera. signed Edward P. Finn, City Clerk, advertised April 19th, 2016 in the Medford Daily Mercury. This will open up the public hearing portion of this. So at this time, we invite all those in favor to present yourself and say that you are in favor. Are you in favor?
[Kathleen Desmond]: I am. Good evening, President Dello Russo and council members. I'm here, Attorney Kathleen Desmond, from Barbara Brusey's office, with Sacco Autobody, Jack Bozabashian, and Saccas Bozabashian.
[Fred Dello Russo]: So you are in favor of this?
[Kathleen Desmond]: Yes, we are.
[Fred Dello Russo]: Thank you. Anybody else in favor? Anybody else in favor? Hearing and seeing none, we declare that portion of the meeting closed. Anybody in opposition to this petition? If you are in opposition, please present yourself to the podium. Would you please allow anybody who's in opposition Anybody in opposition? Hearing and seeing none, we declare that portion of the meeting to close. Chair recognizes Councilor Caraviello, Chairman of the Licensing Subcommittee, for commentary.
[Richard Caraviello]: Thank you, Mr. President. Mr. President, I have reviewed the company's paperwork, and it appears to be in order, and I know this business was located in Boston now for many years, and due to the TEEP construction project, they'll be relocating down to Riverside Avenue, and we're happy to have them continue to do business in our community and not move to somewhere else.
[Fred Dello Russo]: Do you have anything to share with us?
[Kathleen Desmond]: I don't have anything other than that. They are moving their business because they've been dislocated. They've been in business in Medford for 15 years, and it was important for them to stay in Medford.
[Fred Dello Russo]: Very good, and we're grateful to you for doing that. Councilor Marks.
[Michael Marks]: What are your anticipated hours of operation? I know what they say on the paper.
[Kathleen Desmond]: Sure, the hours will be 7 to 7, Monday through Friday. But actually, with customers, it will be from 8 to 5. They anticipate having time to set up in the morning between 7, 7.30, quarter of 8, open at 8. And typically, in this business, those hours run until 5, because rental car services are only open until 6. So there's a wind down at 5 to 6, and then time to clean up. So they would be operating but at reduced levels from 7 to 8 five to seven in the evening.
[Michael Marks]: And do you anticipate how many cars can you fit on your exterior lot for parking on the exterior lot?
[Kathleen Desmond]: Currently there is on a plan. Um, there is 24, but there's a loading area where you could also park cars because there isn't any loading use. So, um, roughly, and there's an interior parking as well, 24 to to 30 cars outside, and there's additional space inside, I believe. 10 to 14 spaces, I think, is what they counted.
[Michael Marks]: Did you ever anticipate using the street to podcast?
[Kathleen Desmond]: No. They have also purchased the property. This purchase and sale agreement, they are buying the property 391 to 397. I included in the package 11 Linden Street, because both the assessor's office and the building include that in the 391, 97. parcel, which is on your plot plan. But they're also purchasing 1315 Linden Street, as well. So there's some room for overflow.
[Michael Marks]: So I know recently there was a driveway put in from Riverside to that back part of the property. Do you anticipate using that as an entrance, also? Or is that?
[sBk_gQcj4fU_SPEAKER_04]: It wasn't part of our plans at the moment. We've only walked in one parcel just once. So I would like to just use it for an entrance, if possible.
[Michael Marks]: So you'd be using the front entrance and not the riverside. And that is your property. Also that driveway that's there, that's currently goes all the way.
[Kathleen Desmond]: They don't own the property as of yet. It's under purchase and sale agreement, but, but the, the, the plan is to buy three 91, three 97, 11 Linden and 13, 15 London. So that whole block area.
[Michael Marks]: And you're moving all your current equipment into that site.
[Kathleen Desmond]: Correct.
[Michael Marks]: And, uh, the paint fumes and all that stuff that requires elevated stacks and so forth.
[sBk_gQcj4fU_SPEAKER_04]: Yes, correct.
[Kathleen Desmond]: It is a use as a right under the zoning bylaw in the industrial.
[Michael Marks]: So who actually governs that? Who actually issues a permit for the painting? Is that a separate?
[Kathleen Desmond]: I believe you have to apply with the building department for a permit.
[Michael Marks]: So the building department and that has not been done as of yet.
[Kathleen Desmond]: There's already one booth, um, spray booth within the property currently. Um, so there is a spray booth permitted already on the property.
[Michael Marks]: Okay. I wish you well.
[Kathleen Desmond]: And in addition, um, just so I can clarify, they do have Saturday hours as well, uh, from eight to I believe one under the, um, which is on the petition itself.
[Clerk]: Thank you.
[Kathleen Desmond]: Thank you.
[Fred Dello Russo]: Chair recognizes Councilor Knight.
[Adam Knight]: Mr. President, thank you very much. I'd like to congratulate these gentlemen on choosing Medford once again to be their home. We appreciate you staying in the community. I've reviewed the paperwork. I see no problem with it. Mr. President, I'd move for approval at this point in time, but I thank you for staying in the community.
[Fred Dello Russo]: We have a motion for approval on the floor from Councilor Caraviello. So we second that by Councilor Knight. All those in favor? All those opposed? Congratulations. Thank you for staying in Medford. 16-428. to the Honorable President and members of Medford City Council, City Hall, Medford Mass, 02155. Dear Mr. President and Councilors, I respectfully request and recommend that your Honorable Body confirm the appointment of Michael J. Lewis, who resides at 133 Pine Ridge Road, to the Medford Housing Authority for a five-year term to expire on April 8th, 2021. Yikes. A copy of Mr. Lewis's resume is attached for your review. Mr. Lewis is present at tonight's meeting to answer any questions the councilor may have. Your consideration of this appointment is greatly appreciated. Sincerely yours, Stephanie M. Burke, Mayor. Councilor Knight.
[Adam Knight]: Mr. President, thank you very much. Included in our packet this week, we have a copy of Mr. Lewis's credentials. And if you go through them, they're rather impressive. Gentleman's been practicing law in the Boston Housing Authority for a number of years as a litigator. has extensive experience as a courtroom litigator and a trial attorney, you know, well-educated with a law degree from Syracuse University and an undergrad summa cum laude from Assumption. Mr. President, I think it's clear to me that the gentleman does this for a living, and any type of volunteer service that he'd be willing to perform in our community here would be just a bonus at this point in time. So I move for approval.
[Fred Dello Russo]: Precisely. So on the motion of approval by Councilor Knight, Councilor Caraviello. Thank you, Mr. President. Whose spot will you be taking? Good evening, sir. If you would just present your name and address.
[sBk_gQcj4fU_SPEAKER_04]: My name is Michael Lewis, LOUIS 133 Pine Ridge Road. I, to be honest, I don't know. I believe a member retired or just did not run for, did not ask to be reelected. There's a vacancy there. So there's only four members currently.
[Richard Caraviello]: Mr. President, if you could find out who retired or who chose not to run, it would be appreciated.
[Fred Dello Russo]: Absolutely. Councilor. So if you would, as an amendment that the mayor's office will- And your qualifications are outstanding and I would support you on this. Thank you for interrupting me. On the motion of approval by Councilor Knight, it's seconded by Councilor Caraviello, Madam Vice President.
[Breanna Lungo-Koehn]: Thank you, President Dello Russo, and thank you, Mr. Lewis, Attorney Lewis, for wanting to take this job on. If I may ask, what made you want to do it?
[sBk_gQcj4fU_SPEAKER_04]: I'm a newer resident to Medford, and I actually enjoy housing, so I feel like this is a way I can give back to the community. It's actually an area I actually know a lot about, so it's a way for me to help the community. Yeah, that's great.
[Breanna Lungo-Koehn]: Well, good luck, and thank you. Thank you.
[Fred Dello Russo]: Congratulations, Councilor, on the motion for approval by Councilor Knight, seconded by Councilor Caraviello. All those in favour? All those opposed? You're on. Thank you. Thank you. Congratulations. 16-429, the Subcommittee on Zoning and Ordinances, chaired by Councilor Knight, yes, is just a beehive of activity. And they reported out after the latest meeting that two pieces of papers be taken, received, and placed on file, and two be kept in committee. So on motion of Councilor Knight to accept the committee report, all those in favor? All those opposed? We accept the committee report. And so on the motion of Councilor Falco to resort to the, or to go under suspension of the rules, to take papers under suspension and in the hand of the clerk. All those in favor? All those opposed? 16-431 offered by Councilor Knight, be it resolved that the Mass. Department of Transportation and MBTA take the appropriate steps to have the land Butting the railroad tracks on Circuit Street cleaned out. Councilor Knight?
[Adam Knight]: Yes, Mr. President. The big sweep went down Circuit Street on April 19th. However, there was a lack of coordination with MassDOT, MBTA, to get the state property that would butt the railroad tracks along Circuit Street cleaned out. While our streets are nice and clean, there's paper and debris that lay up against the fence on the small portion of land that would be the property of the Commonwealth of Massachusetts or the MBTA, Mr. President. Where MassDOT and the MBTA are now under the same umbrella, I felt as though it would probably be the easiest to send it to MassDOT for them to send out to their appropriate department, Mr. President. So I'm asking that my colleagues support this resolution and bringing some cleanliness and beautification to Circuit Street in the interest of the quality of life.
[Fred Dello Russo]: Very good. On the motion for approved by council night, although in favor of all those goals, motion carries 16-four 32 off by council caviello. Be it resolved that the Metro city council can grant commend the construction company that did the road work on Austin road, their repaving of the streets in that area after completion should set an example to how all companies should return the roads upon completion.
[Richard Caraviello]: Councilor Caraviello. Thank you, Mr. President, especially, you know, I've lived in this community my whole life, and every time a construction company leaves the city, they dig up, within a year or less, the holes are sinking, they're scraggly. Over the last couple of weeks, as I drove up the Austin Road, these guys did an outstanding job of bringing the road back to better than where it was when they started. And I think this should set an example to how all construction companies that do work in our roads take their roads back. So I'm going to say, anyone who's around, take a ride up there. See what an outstanding job they did. And again, these guys should be commended for the excellent work they did.
[Fred Dello Russo]: The motion is approved by Councilor Caraviello. All those in favor? All those opposed? Motion carries. 16-433 offered by Councilor Caraviello. Be it resolved, Medford City Council commend and congratulate former Medford High School and Boston University standout hockey player Bill Riley on receiving the Bill Stewart Award for contributions to Massachusetts High School Hockey. Bill follows his dad, Bill Senior, and Uncle Jack, former West Point hockey coach, on being the first three members of one family winning this prestigious award. The Riley family has a long history of achievements at Medford High School. Councilor Caraviello.
[Richard Caraviello]: Thank you, Mr. President. Those of you who know, hockey runs deep in my family. My son played both high school and college hockey. The Stewarts are well known for their contributions to all the high school programs in this area. And again, I just want to congratulate Mr. Stewart on this prestigious award that he received. Thank you.
[Fred Dello Russo]: So congratulations to the Reillys. We're very grateful to you all. A motion for approval by Councilor Caraviello. All those in favor? Opposed? Motion carries. Offered by Councilor Caraviello, 16-434. Be it resolved that the Medford City Council requests that the Park Department fix the open ground water box the opened groundwater box at Drain Field in the interest of public safety to our children and their families who visit this field. Is that in Medford?
[Richard Caraviello]: Yes, it is, Mr. President. That's in back of the McGlynn School, the Andrews and McGlynn. I offered something similar to the proposal last week to Carpark. And in the ground, there's all these plastic boxes, but the covers are all broken on them, Mr. President. And this one, actually, this one's been broken for a couple of years now. And I tell you, it's only going to be a matter of time before some kid or some parent falls in the hole, and we're sued for this. I mean, I would think that the fix of the plastic top is a lot cheaper than a lot of suits. Precisely. If we can get this done, it would be greatly appreciated, Mr. President.
[Fred Dello Russo]: On the motion approved by Councilor Caraviello. All those in favor? Aye. All those opposed? Motion carries. Thank you. Good work, Councilor. 16-438 offered by Councilor Knight. Whereas, Del Centro Corporation performed sewer maintenance on Clematis Road that was completed on April 13th, and whereas, a significant amount of construction debris, including cones, pallets, pipes, and equipment remain at this location, be it resolved the city administration take the proper steps to ensure the construction debris on Clematis Road is removed and that the street and sidewalk are in acceptable condition, Councilor Knight.
[Adam Knight]: Yes, Mr. President, thank you very much. I think the resolution speaks for itself. Councilor Caraviello wants to take our friends from D'Alessandro down on a field trip to Austin Road. That might be suitable at this point in time, but I've been by the location. I've received pictures as well from area residents. It's a mess, Mr. President, and I have them back. So I'm asking that the administration take the appropriate steps to be sure that the area is cleaned and left free of debris, but also that our streets and sidewalks are also remaining in acceptable condition like they were prior to the construction work.
[Fred Dello Russo]: Thank you, Councilor. On the motion for approval by Councilor Knight, all those in favor? All those opposed? The motion carries. Offered by Councilor Caraviello, be it resolved that the Medford City Council commend and congratulate Medford Police Officer Charlie Hartnett for purchasing basketball nets for Rockwell Avenue Playground, and his police partners, and the fire department for helping install the nets. Councilor Caraviello.
[Richard Caraviello]: Thank you, Mr. President. You know, we're quick to criticize the policemen when they do something wrong, but let's- I'm not. Well, a lot of people are in this community. Again, he's a young guy. I've known him since he was a child. Took it upon himself. He saw the kids out there with no nets. He went and bought them himself with a couple of his partners. The fire department came down, put them up, He's a good kid, does good things in the community, and I think he should be commended. And the fire department who came down and lent their hand, they should also be commended. So good job to everybody.
[Fred Dello Russo]: Right you are. On the motion for approval by Councilor Caraviello, all those in favor? All those opposed? Motion carried. Offered by Councilor Marks. Be it resolved that the basketball rims at Magoon Park be replaced, whereas loops that hold the net were broken off. Councilor Marks?
[Michael Marks]: Thank you, Mr. President. We all know Magoon Park was done over less than a year ago. And all four basketball rims at the park, which the basketball court area was done magnificently. Each of the little eye loops that hold the net on are all broken off. I don't know if that's from hanging on the rim, or if it's intentionally done, but without the eye loops, you can't string a net, and it's not fun playing without a net on a basketball rim, I can tell you that firsthand. So I would ask that the Pac department go out there immediately and replace the rims at Magoon Pac on all four basketball rims.
[Fred Dello Russo]: uh, hoops on the motion for rule by Councilor Marks. All those in favor. All those opposed. Motion carries. Be resolved offered by Councilor Marks. Be resolved that dumping on city sidewalks be discussed. Councilor Marks. We've got a lot of email traffic.
[Michael Marks]: We did get a lot of time a year. We did get a lot of email traffic, Mr. President. And it's unfortunate that, uh, it's groundhog day. Once again, in this community, we revisit the same issues over and over and over every year. rather than addressing them, creating meaningful policy to follow in this community, we just revisit the same issue. It's from August to September, April to May. I hate to isolate certain areas, but In particular, up the hillside, it's when I get the phone calls and the emails that students start to put out mattresses on the sidewalks, old furniture, trash, debris, nothing in barrels at all, which we all know the new barrel program, they won't pick anything up. Mattresses you have to call on, and they will come out. And I think we have to, in addition to stepping up code enforcement throughout the whole community, in particular in the Tufts neighborhood and all those streets, Mr. President, we have to do a better job in finding — it's tough to go after the students, but finding the property owners. You know, once we start hitting the property owners in their pocket, they'll make sure that their tenants are abiding by the rules and regulations. Also, I think Tufts University has to do a better job in policing their students. And I don't want to say they're all tough students that are dumping, but in this particular area, there are a majority of students that do it every year. This is nothing new. Every year, we feel the phone calls and neighbors say, how would you like to look at a mattress that's been out there for three weeks? And waste management won't pick it up. The city refuses to pick it up. There's TVs outside and curbs. It really is deplorable. And I wouldn't want this next to my house, and no resident should have to live like this. And I would ask that the city administration create a policy, Mr. President, regarding illegal dumping, in particular in the Tufts neighborhood, the Tufts area, and code enforcement start to get out there and start enforcing some of the rules and regulations that prohibit dumping on the sidewalk, Mr. President.
[Fred Dello Russo]: The university has to step up to the plague Councilor and the landlords who profit. from these rentals need to step up to the plate. You're exactly right. Right.
[Michael Marks]: So by finding them, that'll help one aspect. And maybe we forget Barbara Rubel, who's the Tufts liaison to the city, help and sit down with this community on ways we can improve communication and have students abide by the rules and regulations. And you know, the one resident that mentioned Council of Penta, for all his different resolutions, he offered a suggestion a few years ago about cleanup week. And he said, why not have the city once or twice a week and once or twice a year actually at the time. He said, go out in trucks, let residents know you'll be in their neighborhood, and you can dump whatever you want in the back of our trucks. And I thought it was a great solution to getting rid of some items that may be tough to get rid of. And that would probably be a great idea for the Tufts neighborhood to have trucks out there during these times when they move in and when they move out, roaming the area. You know, it only improves our community and the quality of life of residents. So I would offer that, Mr. President, also that the city look at the clean it week or two week or whatever it may be that was offered some time back. I think it's a great suggestion.
[jCO6jvvXtn0_SPEAKER_03]: I think it's
[Breanna Lungo-Koehn]: great resolve with regards to adding something about Tufts too, you know, once school ends. I put that resolution, I know we've all probably put that resolution on, but I put that resolution on about a month ago, and I got an update from the mayor's office today that our DPW director, Brian Cairns, has contacted waste management in the process of getting a cost estimate to do a cleanup fix-up week where the waste management would come Hopefully, with due notice to the residents, three, four weeks, you know, three weeks notice, so we can do a spring cleanup, hopefully, you know, the end of next month. So, they are trying to get a cost estimate, and I thank the mayor's office and the DPW for trying to work on that for our residents. So, I think adding the fact, getting Tufts cleaned up at the end of the year, it would be huge.
[Fred Dello Russo]: Thank you, Madam Vice President. Councilor Marks, your remarks are all set? They are, thank you. Thank you very much for this motion, Councilor. Chair recognizes Councilor Scarpelli.
[George Scarpelli]: I want to, if I can, Mr. President, I just want to commend Lauren Felch in the mayor's office and Mr. Bavuso for a quick response because within 24 hours that was cleaned up and the homeowner was cited. So I think with that type of, that type of turnaround and that, that, that kick to the wallet, I think is going to be a real, real benefit to what we're having in this issue. So thank you precisely. Councilor Knight.
[Adam Knight]: Mr. President, thank you very much, and thank you, Councilor Marks, for bringing this matter forward. I think we're all receiving a lot of the same calls, and more importantly, we're all seeing the mess that's out there when we drive down the streets. And not to pick on Tufts University, but, I mean, I think the fact of the matter is, when students move out of their apartments, they are leaving Medford, and they don't have a vested interest in Medford, so they don't really care what kind of mess they leave behind. A couple years ago, Mr. President, the city of Somerville adopted an ordinance and the City of Boston has adopted an ordinance, and the City of Medford has discussed adopting an ordinance, and I think that it's something we should take a look at, which would be a university accountability ordinance, Mr. President, which would require the university to register with the city the units that are being rented by students, so that we know where they are, so that if issues of public safety come up, we know how to identify them. I mean, God forbid there was an outbreak of a contagious disease or something like that up on the campus, at least at this point in time, we'd be able to identify where these people live, and if we needed to quarantine them, so be it.
[Michael Marks]: Point of information, Councilor Marks. Thank you. You know, that's a great suggestion. And it was back some probably five, six, seven years ago. We had a great debate with Tufts University about asking them if we can get notification where students live off campus. And at the time, Mr. President, I don't know if anyone remembers that debate, but I do. They refused to give out any information on any student living off campus that let us know who was living on the Method side or the Somerville side in Tufts housing, but not off campus. And that was one of the reasons we were trying to address ways we can contact students and possibly update them if Tufts is not doing a good job about city codes and enforcement and so forth. But maybe we could try that process again. But they were adamant back some years ago they would not release.
[Fred Dello Russo]: And it's cited privacy laws, if I remember correctly. It's my understanding. Departmentally within the college, there were some areas of reporting that one department couldn't share with the other.
[Adam Knight]: It's my understanding, Mr. President, that Tufts University, who operates a school in Boston, is complying with the Boston ordinance. And from what I understand, they're also complying with the Sumner ordinance. So, you know, but I think that Councilman Mack makes a good point. Garbage in, garbage out. If they're not giving us good information, it doesn't matter anyway. They need to give us good information and they need to be a partner in this and they need to be sure that they have the same concerns that we have relative to the quality of life in this community and in the neighborhoods and protecting the neighborhoods, Mr. President. Councilor Caraviello has a great quote when it comes to Tufts University. I think he says, Somerville gets all the benefits and Medford gets the rest. And, you know, I think it's time that we really take a look at that and we try to leverage our partnership with Tufts University.
[Fred Dello Russo]: Thank you, Councilor. Chair recognizes Councilor Falco.
[John Falco]: Thank you, Mr. President. I want to thank Councilor Marks for bringing this forward. I, like all of you, have received calls and emails yesterday regarding the issue and actually Sunday regarding the issue. Thanks again to John Bovuso for acting on it quickly and having it cleaned up immediately and for citing the homeowner. But I guess my question is, and I'm not sure if you would know this, Mr. President, does the city do anything right now to communicate with the homeowners? Is there any type of communication that the city does to communicate with the property owners in that area?
[Fred Dello Russo]: That would be a question directed to the building department.
[John Falco]: OK. Could we maybe get a report back from the building department? to find out what kind of communication goes out from the city to the property owners up in that area with regard to cleanup. When I talked to John Babuso tonight, he had mentioned to me that, I guess, I think the property owner was not aware of, you know, I think the policies regarding dumping things on the sidewalk. I'm not sure if that's true or not, but I mean, it seems like common sense. I took a drive up there yesterday. It was a disgrace, I'm sorry, on Sunday afternoon, it was a disgrace. There was stuff all over the place. The residents should not have to live like that. And I'd also support Councilor Knight's idea about having an ordinance with regarding having the university be accountable. And I think that's something that we should look at in subcommittee. Very good.
[Fred Dello Russo]: Thank you. So that is amended further by Councilor Knight. Councilor Caraviello.
[Richard Caraviello]: Thank you, Mr. President. If memory serves me correct, I fought for many years on this council, not as many as some of the other ones here, but to get a part-time code enforcement officer. And I do stand corrected. I think we do have one. You got it. All right. Well, I haven't seen the gentleman, so I would like the gentleman maybe to, rather than wait for us to get these calls, Maybe if he can get out there a couple days away, maybe two or three days a week, drive around that tough area and look for these things rather than us waiting to get the calls would be helpful. So if that could be a request to the building department to get the assistant code enforcement out up to the tough area, drive around two or three days a week, maybe for a couple of hours and spot these things before we get the phone calls.
[Fred Dello Russo]: Very good. So under the motion offered under suspension by Councilor Marks, as amended by Councilors, Vice President Lungel-Kern, Knight, Scarpelli, Falco, Caraviello, and Councilor Marks. All those in favor? Aye. All those opposed? Motion carries. Offered again under suspension by Councilor Marks, be it resolved that the electronic speeding on High Street near the Brooks School be repaired in the interest of public safety. Do you mean the speeding detector or device? Councilor. I'm sorry.
[Michael Marks]: Thank you, Mr. President. Yes, the electronic speeding sign that is located on High Street right before Brooks School, if you're going up towards the square, is not functioning. And I know in this community, I'm hearing from a lot of different residents regarding pedestrian safety. And these are the initiatives that this council has been pushing forward. the electronic speed signs, raised crosswalks, widening sidewalks, thermoplastic crosswalks, and it's disheartening when you see something that was put up recently that's not functioning. And it's a real concern, Mr. President. You know, we've been talking about painted crosswalks, why we can't get them painted. A third of this year is already over, and our crosswalks are still not painted. I'm not sure, like, when do you do them? It just doesn't make any sense. You know, and, you know, I It seems sometimes they're done with chalk instead. Well, let me tell you, Mr. President, you know, I wrote an op-ed piece in the newspaper a couple of weeks ago regarding do you feel safe in your neighborhood? And let me tell you, the comments that I was expecting to get, and I'm going to make a presentation before this council, but the comments I was expecting to get regarding break-ins and car break-ins and home invasions and so forth are not the comments I received. It's pedestrian safety comments over and over and over and over again throughout the entire community. And that's the feedback that I'm getting. And this council, and I can speak for myself and my colleagues, we've been pushing for pedestrian traffic calming initiatives. And for some reason, even when they do implement something, the sign breaks within a year or the crosswalk never gets repainted. You know, these are basic things in a community. And, you know, if there wasn't a fatality on this street of this community, I'd say, you know what, we're doing a great job. But indeed, if you look over the past 15 to 20 years, there's been a number of fatalities on Method Roads in this community. And not all of it's due to a lack of signage and faded crosswalks. But let me tell you, It's largely a part of the city not pushing forward initiatives like they do in Cambridge. You go on the Cambridge website, they have a whole section under their traffic division of traffic calming approaches. We don't need to recreate the wheel. We can go and steal all their ideas, Mr. President. They hired consultants. They went through thousands, tens of thousands of dollars. And you know what? We have all this information in front of us. And for whatever reason, and I don't think it's funding, because where there's a will, there's a way, we just don't move forward on these initiatives. We'll create a bike path that leads to nowhere on a road, but we won't do the basic pedestrian traffic initiatives that need to be done. And I know that's a long way around this particular speeding sign being out, You know, I took a bike ride Saturday. And let me tell you, Mr. President, walking, you probably see a lot. Bike riding, you see a lot. When you're in a car, you see very little. You drive by things and you don't recognize anything for some reason. Maybe it's tunnel vision. But let me tell you, a lot of the things that I noticed just driving my bike around was eye-opening. And maybe some of the city administration around here should take a bike ride and see what's going on in this community. But that's all I have to offer, Mr. President.
[Fred Dello Russo]: Thank you. On the motion approved by Councilman Marks, Councilman Knight.
[Adam Knight]: Mr. President, yes. Thank you very much. And Councilman Marks, thank you for bringing this matter up. On May 5th at six o'clock in room 201, the city administration is going to be having a public meeting concerning the Complete Streets Program. And in our packet this week, we had a meeting notice that referred to this. And the Complete Streets Program refers to roadways that are designed and operated for safe access for all users, including pedestrians, bicyclists, motorists, and public transit users of all ages and abilities. So what this is, is it's a program where you sign up with the Commonwealth of Massachusetts, and they help you adopt some best practices, and they provide funding on how to implement those best practices, Mr. President. I think that this will be a great event for all, especially in light of the commentary and in segue to the commentary that Councilor Marks just made. So I'd just like to be sure that everybody is aware that that's going on from 6 to 7 on May 5th in Room 201 here at City Hall.
[Fred Dello Russo]: The motion for approval by Councilor Marks. All those in favour?
[Michael Marks]: Oh, please. Just if I could, because, you know, I read about the Complete Streets, and I think that's great. Some of its funding, it might be yearly funding, or it might be funding that dries up after a few years. And that's a great initiative. However, the administration has to put forward policies and procedures. In particular, when we talked about thermoplastic crosswalks several weeks ago, when I offered for the fourth time a resolution that there be a policy created in our community that doesn't paint crosswalks anymore, but uses the alternative, thermoplastic, which is highly reflective, slip-resistant, and lasts up to five years. These are the initiatives that you've got to create policy around. It's nice to get one-time fixes from the state, and it makes for a great picture in the newspaper, and a photo op, and a great story. However, long-term, it does nothing for this community. And these are the initiatives I think we have to look at, and I just don't see it happening.
[Fred Dello Russo]: Councilor, you've been an advocate for the thermoplastic crosswalks since I came on this body. As a clear and steady voice. And what good has that done me? Well, Councilor, on the motion for approval, all those in favor? All those opposed? Motion carries. Offered by Councilor Marks. be it resolved that the weeds and trash along the BJ's Wholesale Fence on Woodruff Ave be cleaned by BJ's, whereas they have committed to maintain both sides of the fence. Councilor Marks.
[Michael Marks]: Thank you, Mr. President. Every year, residents from Woodruff Ave that abut the BJ's Fence call up in concern about the fence and the particular debris that blows up as well as the overgrowth and weeds in that particular area. BJ's committed back some years ago when they put a brand new fence along the whole perimeter to help with some of the noise reduction in the area, that they would also maintain both sides of the fence. I know our DPW has been out there, but I would once again ask that we send a correspondence to the manager at BJ's to get out there and clean the area along the fence, Mr. President.
[Fred Dello Russo]: Thank you for that, Councilor. It makes a difference in the neighborhood, a big difference. I'll have a motion for approval by Councilor Marks. All those in favor? All those opposed? Motion carries. Congratulations. The records of the meeting of April 12th, 2016, will pass to Vice President Munger-Kern.
[Breanna Lungo-Koehn]: Thank you. Before the record's a call, we got a notice in our packet with regards to the Medford School Committee meeting yesterday, last night, Monday night. It was an executive session, so I don't know how much is open to the public, but I'm just going to read the notice. Discussions of negotiations under Exemption 6 of the Open Meeting Law. This exemption allows the committee to consider the lease or real value of real property in an executive session since an open discussion may have a detrimental effect on the negotiation position of the school committee. Specifically, the school committee will review and discuss information regarding the field of dreams, athletic fields, and the possibility of leasing the complex to an external party on a limited basis for considerations to be determined by the school committee and in negotiations with prospective vendors. I'm not sure what type of update we can get from the school committee or the school department, With regards to the Field of Dreams, you know, the Medford City Council did help with approving a bond for the Field of Dreams. And I'm very curious, as a first, I'm hearing of any type of leasing of the Field of Dreams and obviously have my own concerns. So I was just hoping that maybe the city council can be brought in to the discussion, whether that be an executive session or just by a formal update from the school department. leasing a complex where our children, the city of Medford, obviously we have first dibs on the fields. They're amazing fields. They did a great job on them, but I just have questions and concerns that I think, obviously, this is budget-related, and I think we need to be brought into the process. I'd like to be updated with whatever way we can be updated, because this is the first I've heard of it.
[Fred Dello Russo]: Madam Vice President, would you like to add in motion form? Please. So on the motion of the Madam Vice President, Breanna Lungo-Koehn, that the school department, i.e. the superintendent of schools, make aware or present to the city council the matter of what is going on vis-a-vis a possibility of a lease of the facility of the so-called Field of Dreams, I know it has a real name, Councilor? Edgley Field. And that the City Council be apprised of this and what effects it would have on usage that should be given preferential usage to city organizations and school sports. Did I get all of that, Madam Vice President? Perfect, yes. Thank you.
[Breanna Lungo-Koehn]: like to be apprised from either, I mean the mayor's office, obviously she sits on this committee, so any way we can get an update or be brought into the discussion. I know it was mentioned earlier that the mayor has a meeting with the city council, and I think we probably should put a number of different things for discussion on that, including obviously the schools in general and what's going on, and this could be one of those things.
[Fred Dello Russo]: It was ultimately the council that funded that project. Correct. Councilor Falco.
[John Falco]: Mr. President, I actually have a comment and something else so I can wait.
[Fred Dello Russo]: Okay. So on the motion of a vice president local current, all those in favor, all those opposed, the motion carries. Councilor Falco.
[John Falco]: Thank you, Mr. President. Um, I, uh, see, uh, back in January. So about three months ago I offered a resolution one six dash Oh one eight regarding the city's budget upcoming budget. And I had asked for a budget template. from the finance director, from the administration. We have still not—we haven't heard anything from the finance director, and we are getting into budget season. I think three months has been appropriate, and I'm starting to get calls, people asking me about what's going on. We still haven't heard anything from the budget director. I've swapped emails with her, but we're still waiting for something formal that we can see. when we go into the actual budget, it's not, we're not seeing it for the first time. So we should be working together here and I'd like some sort of response. Um, so if we could get a response back from the budget director or from the mayor, I'd greatly appreciate it.
[Fred Dello Russo]: On the motion of council Falco to request, uh, for a second time, a template process for the budget. All those in favor of those opposed motion carries the records of the previous meeting, uh, which I mentioned before, are now before us, Madam Vice President.
[Breanna Lungo-Koehn]: Sorry, before you call the records, one more question if we could.
[Fred Dello Russo]: One more, Madam Vice President.
[Breanna Lungo-Koehn]: Thank you. With regards to, there's a petition going around on change.org. I know there's a number of parents that are working on a petition. Just to question, I know the superintendent's contract is up June 2017, which is about a year from now, and a number of people have questions and concerns with regards to transition, creating a search committee, I know the school committee has discussed it. I'm just not sure what the discussions were because, again, I think it was an executive session. So I've got a number of calls from personnel and from a number of concerned parents. And one thing that I was told was there are terms in the contract which mandate that the school committee do take a vote by the end of June. So if there's any way that the city solicitor or The school committee's attorney, Howard, I believe it's Greenspan, can get us a copy of that contract so that we could take a look. I think it's obviously a very important issue for the taxpayers and the parents. Parents obviously have a big say. It's a big issue that's come about and a lot of people are talking about it. So I'd like to get a copy of that contract just to take a read of it.
[Fred Dello Russo]: On the motion for approval by Councilor Langley-Curran, Councilor Knights.
[Adam Knight]: Mr. President, yes, I'd certainly like to take a look at that contract too. You know, Mr. Bellson's been a fixture in this community for so many years and he does an excellent job in his endeavors, Mr. President, and we're very lucky to have him. If you look at the salary of our superintendent versus those and people in surrounding communities, you'll see that we're getting them at bargain prices, Mr. President. So I certainly would be welcoming an opportunity to review the contract as well. However, I do want to be sure that we take the appropriate steps to protect our bargaining position at the table and our negotiating position at the table as well, Mr. President. So, going forward, I just want to be cautious in that regard.
[Fred Dello Russo]: On the motion of Vice President Lungo-Koehn, all those in favor? Aye. All those opposed? Mark me as in opposition, Mr. Clerk. The motion carries. The records of the meeting of April 12, 2016 will pass to Vice President Lungo-Koehn.
[Breanna Lungo-Koehn]: I motion to table the records so I could take one more look at them.
[Fred Dello Russo]: On the motion of Councilor Lungo-Koehn to table the records for further examination. All those in favor? All those opposed? The records of that meeting remain on the table. On the motion of Councilor Falco to adjourn. All those in favor? All those opposed? The motion carries. Thank you, America.
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