Medford City Council

The Third Regular Meeting Medford, Massachusetts January 26, 2010

City Council
Robert A. Maiocco, President Frederick Dello Russo, Jr., Vice President Stephanie Muccini Burke Paul A. Camuso Breanna Lungo-Koehn Michael Marks Robert M. Penta Council President Robert A. Maiocco, called the Third 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 Meeting of January 12, 2010 were passed to Councillor Lungo-Koehn.

PETITIONS,PRESENTATIONS AND SIMILAR MATTERS 10-027- Petition for Taxi Operator License by Amazan Coudo 240 Belmont St #34, Malden, MA 02148 ON FILE CORI Police Dept.

10-028- Petition for Common Victualler License by Linh Le for Les Convenience, 308 Salem St., Medford ON FILE Business Certificate #244 Building Dept. Fire Dept. Traffic Impact Health Dept. Treasurer/Collector State Tax Form Letter of Compliance Workmens Compensation Petition 1

MOTIONS, ORDERS AND RESOLUTIONS 10-029-Offered by Vice President Dello Russo Be it Resolved that the Medford City Council commend and congratulate Senator Scott Brown on the occasion of his election to the United States Senate and be it further resolved that the Council offer him our pledge of support and encouragement as he embarks on representing the people of our community in Washington, DC. 10-030-Offered by Vice President Dello Russo Be it Resolved that the Medford City Council offer its sincere condolences to the family of Dorothy Amerault, who died this past week. Dotty was a long-time church musician in our community. Her husband, Robert, has served as a Deacon at Sacred Heart and St. Joseph Parishes. 10-032-Offered by Councillor Marks Whereas driver distraction could present a serious and potentially deadly danger on Medford streets and Whereas according to the National Highway Traffic Safety Administration in 2008, 5,870 people lost their lives and an estimated 515,000 people were injured in police reported crashes in which at least one form of driver distraction was reported and Whereas one in four of American teens of driving age say they have texted while driving and half of all teens say they've been a passenger while a driver has texted behind the wheel and Whereas recent research indicates that texting while driving involves a convergence of visual, manual and cognitive distractions and represents an even greater risk than talking on the cell phone than Be it resolved that the City of Medford adopt an ordinance similar to the following ordinance that is presently being considered by the Town of Danvers which imposes a fine on persons who send text messages while operating a motor vehicle and further that a fine be imposed. "No person shall type, text or read from a wireless communication device while operating a motor vehicle. Any person operating a motor vehicle while typing, texting or reading from a wireless communication device is subject to a $100.00 fine" Be it further resolved that the City Solicitor review this language and report back to this Council as to language that he feels is appropriate to include such a measure in our revised ordinances. Further, that a copy of this resolution be forwarded to the Chief of Police with a request that he report back to the Council on his recommendations on this proposed ordinance.

COMMUNICATIONS FROM THE MAYOR 10-031January 20, 2010 To: President Robert Maiocco and Members of the Medford City Council From: Mayor Michael J. McGlynn Re: Amendment to ARTICLE IV, Chapter 82 of the Revised Ordinances of the City of Medford Dear President Maiocco and Members of the Medford City Council: I respectfully request and recommend that your Honorable Body approve the following amendments and additions to ARTICLE IV, Chapter 82 the Revised Ordinances of the City of Medford. Submitted with my request is the full text of these proposed amendments and additions. Respectfully Submitted, (signature on file/paper) Mayor Michael J. McGlynn

An Ordinance Amending Chapter 82 of the Ordinances of the City of Medford

Stormwater System
BE IT ORDAINED: By the City Council of the City of Medford that Chapter 82 of the Ordinances of the City of Medford, as most recently amended, is hereby further amended by inserting after the present ARTICLE IV of Chapter 82, the following ARTICLE V. Section 82- 123: Purpose The purpose of this Article is to improve and protect water quality, reduce erosion and sedimentation, promote environmentally sensitive site design practices and insure long term maintenance of stormwater control to meet all applicable federal and state requirements of the Citys National Pollutant Discharge Elimination System for Small Municipal Separate Storm Drain Systems permit, commonly known as the NPDES MS4 permit. 3

The objectives of this Article are to: (a) create a Stormwater Board to promulgate, adopt and amend stormwater regulations; (b) prohibit non-stormwater and unauthorized discharges to the Citys municipal separate storm drain system (MS4); and (c) establish procedures to regulate construction and post-construction stormwater runoff management from new development and redevelopment. Section 82-124: Definitions City City of Medford, Massachusetts Clean Water Act The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as hereafter amended. Discharge of Pollutants The addition from any source of any pollutant or combination of pollutants into the Citys storm drain system or into the waters of the United States or Commonwealth from any source. Erosion The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. Groundwater Water beneath the surface of the ground. Illicit Connection A surface or subsurface drain or conveyance, which allows an illicit discharge into the municipal storm drain system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this ordinance Article. Illicit Discharge Direct or indirect discharge to the Citys storm drain system that is not composed entirely of stormwater, except as exempted in Section 82-129. The term does not include a discharge in compliance with a NPDES Storm Water Discharge Permit or a Surface Water Discharge Permit. Municipal Separate Storm Sewer System (MS4) or Municipal Storm Drain System The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Medford. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit A permit issued by the United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the United States. Non-Stormwater Discharge Discharge to the municipal storm drain system not composed entirely of stormwater. Person An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. 4

Pollutant Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any storm drain system and/or any receiving waters. Pollutants shall include without limitation: (1) (2) (3) (4) paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables; (5) pesticides, herbicides, and fertilizers; (6) hazardous materials and wastes; (7) sewage, fecal coliform and pathogens; (8) dissolved and particulate metals; (9) animal wastes; (10) rock, sand, salt, soils; (11) construction wastes and residues; and (12) noxious or offensive matter of any kind. Receiving Waters Any watercourse, river, pond, wetland, ditch, lake, aquifer, ocean or other body of surface water or groundwater that receives a discharge of wastewater, stormwater or effluent. Sediment Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes. Sedimentation The process or act of deposition of sediment. Stormwater Any water resulting from rainfall or other precipitation or snowmelt. Section 82- 125: Stormwater Board There shall be a Stormwater Board which shall consist of the Director of Public Works, the City Engineer and the Building Commissioner who shall promulgate, adopt and amend regulations related to the content of appropriate permit applications and standards to control and regulate activities in any way related to the use of the Citys stormwater system so as to require, among other things, that no person or entity shall, without prior authorization from the Director of Public Works, uncover, excavate over, block access to, make connection with, open into, discharge into, alter disturb or in any way make use of the storm drain system of the City of Medford. Section 82- 126: Adoption of Regulations The failure of the Stormwater Board to promulgate such regulations shall not have the effect of suspending or invalidating this ordinance. 1. The Stormwater Board shall adopt regulations pursuant to this Article only after a public hearing and public comment period. 2. The failure of the Stormwater Board to promulgate such regulations shall not have the effect of suspending or invalidating this ordinance. 5

Section 82-127: Prohibited Activities Illicit Discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the Citys storm drain system, into a watercourse, or into the waters of the Commonwealth. Illicit Connections. No person shall construct, use, allow, maintain or continue any illicit connection to the Citys storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection. Section 82-128: Construction and Post-Construction Stormwater Management No person shall excavate, cut, grade or perform any land-disturbing activities without an issued Stormwater Permit from the Director of the Department of Public Works or his/her designee. Prior to the Stormwater Permit issuance owners of new development and re-development sites shall submit to the City Engineer for approval a site construction and post-construction stormwater management plan, in accordance with the requirements and performance standards detailed in the stormwater regulations. Section 82-129: Exemption and Waivers Exemption and waiver from any provision of this Article shall be defined in the stormwater regulations subject to review and approval by the Director of Public Works, his/her agent or designee. Section 82- 130: Enforcement The Director of Public Works, his/her agent or designee, shall enforce this Article, regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for any such violations. Procedures for enforcement shall be detailed in the regulations adopted by the Stormwater Board pursuant to this Article. 10-033January 20, 2010 To: President Robert Maiocco and Members of the Medford City Council From: Mayor Michael J. McGlynn Re: Chapter 28 of the Acts of 2009 Dear President Maiocco and Members of the Medford City Council: On July 1, 2009 Chapter 28 of the Acts of 2009 was signed into law by Governor Patrick. This law made changes to the Conflict of Interest Law and the State Ethics Commission Enabling Act. These changes include new mandatory education and training requirements for municipal employees and elected officials. 6

Part of the bill requires that City Clerks provide summaries of the conflict of interest law to municipal employees. Another section of the bill requires municipal employees to complete an on-line training programs involving the subject of conflict of interest and to be recertified every two years. Of particular importance to the City Council is the provision of the law that requires each municipality acting through its City Council to designate a senior level of the municipality to serve as a liaison to the State Ethics Commission. I have asked the City Solicitor to attend your meeting of January 26, 2010 to update you on this subject. Respectfully Submitted, (signature on file/paper) Mayor Michael J. McGlynn

UNFINISHED BUSINESS Upon motion of _________________, all Unfinished Business on the Table was taken from the table for action. 07-332Mausoleum at Oak Grove Cemetery IN COUNCIL IN COUNCIL 8.366MAY 1, 2007 MAY 19, 2009 TABLED TABLED

Legislative action to prevent the taking of any taxpayer private residential property in Medford with the expansion of the Green Line into Medford IN COUNCIL MAY 6, 2008 TABLED

08-381

Special Permit Six Month Review, Spring Street Superette IN COUNCIL IN COUNCIL JANUARY 6, 2009 MAY 19, 2009 TABLED TABLED

9.288

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

09-439

Circle Laundry, 4110 MVP, right to object to Keno w/monitor IN COUNCIL IN COUNCIL APRIL 28, 2009 MAY 19, 2009 TABLED TABLED 7

09-507

Boston Regional Hospital Property in Stoneham recent decision IN COUNCIL MAY 12, 2009 TABLED

9.581

Zoning Ordinance Amendment to govern installation of wireless Communication facilities IN COUNCIL June 23, 2009 TABLED

9.583

Status of Medford Field of Dreams Project IN COUNCIL IN COUNCIL June 23, 2009 SEPTEMBER 1, 2009 TABLED TABLED

09-774

Double Poles - Verizon wiring poles for FIOS IN COUNCIL OCTOBER 27, 2009 TABLED

9.796

Loan Order $2,000,000 Field of Dreams IN CITY COUNCIL IN CITY COUNCIL ADVERTISED NOVEMBER 17, 2009 JANUARY 12, 2010 MEDFORD MERCURY JANUARY 19, 2010 TABLED Passed to Take First Reading SECOND READING

PUBLIC PARTICIPATION COUNCIL PAPERS IN COMMITTEE Reports Due/ Deadlines 05-895- Comprehensive Master Wellington Plan-3 months-Jan. 17, 2006 07-072-Intercept Program 08-381-Six Month Review SPC Extended Hours Spring St. Superette, Jan 6, 2009 08-529-SPC Extended Hours Burger King, 383 Middlesex 6 month review Oct. 2009 Records: The Records of the meeting of January 12, 2009 were passed to Councillor Lungo-Koehn. Adjournment: