Medford City Council

The Thirty Seventh Regular Meeting

Medford, Massachusetts
December 16, 2014
City Council
Paul A. Camuso, President
Richard F. Caraviello, Vice President
Frederick N. Dello Russo, Jr.
Adam Knight
Breanna Lungo-Koehn
Michael J. Marks
Robert M. Penta
Council President, Paul A. Camuso, called the Thirty Seventh 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 December 9, 2014 were passed to Councillor Dello Russo.
MOTIONS, ORDERS AND RESOLUTIONS
14-783- Offered Councillor Lungo-Koehn
Be It Resolved that the council receive a copy of the last 3 years certified free
cash forms, which were signed off on by DOR. Be it further resolved that the
council receive a breakdown showing which accounts the certified free cash
came from for each of the last 3 years. (each account and dollar figure)
14-784-Offered by Councillor Lungo-Koehn
Be It Resolved that the Medford City Council vote to reduce the tax levy by the
average of the last 3 years certified free cash amount, which is approximately 1
million dollars as stated to us on December 9, by multiple department heads.
14-785-Offered by Councillor Lungo-Koehn
Be It Resolved that the Chief of Police look into the new program that many
cities/towns are implementing, which is called "Coffee with a Cop." Be it further

resolved that Medford look into implementing the program once per month after
the new year.
14-786-Offered by Councillor Penta
Be It Resolved that the mayor's newly implemented water rate tiered
programming be discussed.
COMMUNICATIONS FROM THE MAYOR
14-787December 11, 2014
To: The President and Members of the
Medford City Council
From: Mayor Michael J. McGlynn
Re: Amendment to Division 2 [Fair Housing Commission] and Division 13
[Human Rights Commission]
Dear Mr. President and Members of the Medford City Council:
I respectfully request and recommend that your Honorable Body approve the
following amendment to Division 2 and Division 13 of the Ordinances of the City
of Medford.
This Amendment strikes the present provisions of our Revised Ordinances that
set forth the Fair Housing Commission and the Human Rights Commission and
blends the two Commissions into one Commission that will be called the Human
Rights Commission.
This effort originated with the members of the Fair Housing Commission and the
Human Rights Commission. They have been working with the City Solicitor for
the better portion of a year on this consolidation.
This amendment takes into consideration the respective individual jurisdictions of
each commission and joins them in a fashion that will allow the resulting
commission to address the significant and ever expanding issues of human rights
and fair housing in a comprehensive and streamlined fashion.
The following is a full text of the proposed Amendment.
Respectfully Submitted,
(signature file/paper)
Mayor Michael J. McGlynn
MJM/mr

Cont: 14-787An Ordinance Amending

Division 2, Section 50-61 through 50-63
[Fair Housing Commission]
and
Division 13, Section 2-541 through Section 2-549
[Human Rights Commission]
of the
Revised Ordinances of the City of Medford
BE IT ORDAINED: By the City Council of the City of Medford that Division 2,
Section 50-61 through 50-63 [Fair Housing] and Division 13, Section 2-541
through Section 2-549 [Human Rights Commission] of the Revised Ordinances of
the City of Medford, as most recently amended, are hereby stricken and hereby
further amended by inserting in Division 2.
Division 2 Human Rights Commission
Sec. 50-61. Policy of the City
(1) The purposes of this ordinance are (a) to establish the scope of responsibility of
the Medford Human Rights Commission (hereinafter the Commission) and (b) to
establish a policy to uphold the human rights of all persons in the City of
Medford, including the free exercise and enjoyment of any rights and privileges
secured by the Constitution and laws of the United States and the Constitution
and laws of the Commonwealth. This policy shall provide equal opportunity to
each person regardless of race, color, religious creed, national origin, sex, age,
genetic information, disability, ancestry, marital status, family status, sexual
orientation, veteran status, gender identity, gender expression, or status as a
person who is a recipient of federal, state or local housing subsidies. This policy
shall be enforced where unlawful discrimination exists in housing, employment,
education, public accommodations, housing accommodations, within the
meaning of M.G.L. Chapter 151B (the Massachusetts Anti-Discrimination Law)
and 42 U.S.C. 3601, et. seq. (the Federal Fair Housing Act, as amended) or
related services and facilities.
(2) Where previous discriminatory practice or usage tends, on grounds set forth in
paragraph (1) of this section, to exclude individuals from participation in, to deny
them the benefits of, or to subject them to discrimination under any program or
activity to which this policy applies, the City recognizes its obligation to take
reasonable affirmative action to remove or overcome the consequences of the any
prior discriminatory practice or usage, to accomplish the purposes of this policy.
Even in the absence of such prior discrimination, the City shall, in administering
any of its programs, take affirmative action to overcome the effects or conditions
that have resulted in limiting participation by persons based on the grounds set
forth in paragraph (1) of this section.
3

Sec. 50-62. Construction

The provisions of this ordinance shall be construed liberally for the accomplishments of
the purposes thereof, and any ordinance inconsistent with any provision hereof shall not
apply, but nothing contained in this division shall be interpreted to contravene the general
laws of the Commonwealth.
Sec. 50-63. Membership; appointment; term; removal
The Medford Human Rights Commission shall consist of nine (9) members who shall be
persons who live or work in the city. All members shall be appointed by the Mayor. The
Commission shall reflect a diverse representation of persons active in the efforts of
human rights and civil rights activities in the City.
Sec. 50-64 Officers.
Election of officers shall be held in June on a biannual schedule. Officers shall consist of
the Chair, Vice-Chair, and Clerk. They shall serve for two years with the ability to serve
one consecutive term.
Members are expected to attend and participate in all meetings and events of the
Commission. If a Commissioner misses more than two meetings in a fiscal year, except
for illness or other exceptional circumstances, he/she will be asked to review his/her
commitment to the Commission. Members are not prohibited from serving additional
terms provided they take a year off from serving.
Sec. 50-65. Appointments.
(a) For the initial appointments to the Human rights Commission, the Mayor shall
appoint members as follows;
(1) Three members for a term of three years.
(2) Three members for a term of two years.
(3) Three members for a term of one year.
Thereafter, the Mayor shall appoint each successor to a term of three years.
A vacancy occurring otherwise than by expiration of a term shall be filled for the
unexpired term in the same manner as an original appointment.
Sec. 50-66. Meetings; quorum.
The Commission shall meet ten times a year at regular intervals. The Chairperson shall
not vote unless she/he must vote to break a tie. Five members of the Commission shall
constitute a quorum. No binding decisions shall be made at any meeting at which not
enough members are present to constitute a quorum. When enough members are present
to constitute a quorum, a majority of those present shall be sufficient for any action taken
by the Commission.
Sec. 50-67. Functions and powers.

To uphold and secure the mandates, rights, and privileges of its policy, the Commission
shall work to cause the full integration and participation of all people in the City. The
Commission shall be guided by these functions and powers to:
(1) Enlist the cooperation of local, state, and federal, and private organizations
and public agencies, in eliminating unlawful discrimination by cultivating an
atmosphere of mutual understanding and harmonious group relationships and
carrying out programs designed to meet the problems of people who face
inequity.
(2) Research local problems of discrimination and inequity.
(3) Initiate investigations, for potential referral, through the Diversity Director,
into the existence of unlawful discrimination or harassment that may deny or
tend to deny equal access to or opportunities in housing, employment,
education, public accommodations, services, and facilities to any person or
group.
(4) Offer to hear any person or group with a human rights grievance, and
investigate or refer any such grievance that has merit, if municipal resources
exist to do so. Such decisions shall be made at the sole discretion of the
Diversity Director.
(5) Resolve matters of unlawful discrimination whenever possible through
mediation, but when this is not possible, refer such matters to the state
Commission Against Discrimination, or to any court or other governmental
agency having remedial jurisdiction.
(6) Issue such publications and research as in the Commissions judgment will
tend to promote goodwill, information, and outreach, to minimize or eliminate
discrimination.
(7) Periodically review and make recommendations about policies, procedures,
services, activities, and facilities of the departments, boards, and agencies of
the City.
(8) Provide information, referrals, guidance, and technical assistance to
individuals, public agencies, businesses, and organizations in all matters
pertaining to human and civil rights.
(9) Adopt, promulgate, amend, and rescind rules and regulations to carry out the
provisions of this ordinance, and the policies and practices of the Commission
in connection therewith.
(10) Keep the Mayor, the City Council, and the School Committee informed of
Commission action, report upon request, and submit an annual report to the
Mayor, which shall include a written summary of the Commissions work.
The Commission, along with the Citys Diversity Director, shall be designated by
the Mayor to advise citizens of their rights under this ordinance, and to refer cases of
5

possible discrimination to the state Commission Against Discrimination.

This section shall not preclude a citizen from filing a complaint or seeking redress before
this Commission and independently before any agency of the Commonwealth of
Massachusetts, including the state Commission Against Discrimination or any other
agency.
Sec. 50-68. Counsel.
The City Solicitor shall serve as counsel of the Commission.
Sec. 50-69 Definitions
The following words, terms, and phrases, when used in this ordinance, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Disability: A physical or mental impairment that substantially limits an
individuals ability to perform one or more major life activities of a person; a
record of having such impairment; or being regarded as having such
impairment; but such term shall not include current, illegal use of a controlled
substance as defined in M.G.L.A. c. 94C.
Discriminate: Design, promote, implement, or carry out any policy, practice, or
act that by design or effect segregates, separates, distinguishes or has a
disproportionate impact according or because of a persons race, color, religious
creed, national origin, sex, age, genetic information, disability, ancestry, marital
status, family status, sexual orientation, veteran status, membership in the
Armed Forces of the United States, gender identity, gender expression, or status
as a person who is a recipient of federal, state, or local housing subsidies, or
rental supplements.
Human Rights: The rights of all persons to freely exercise and enjoy the rights
and privileges secured by the Constitution and Laws of the United States and the
Constitution and laws of the Commonwealth of Massachusetts. These are the
rights afforded equally to each person regardless of race, color, religious creed,
national origin, sex, age, genetic information, disability, sexual orientation,
ancestry, family status, marital status, veteran status gender identity, gender
expression, or status as a person who is a recipient of federal, state, or local
housing subsidies, rental assistance, or rental supplements where unlawful
discrimination exists.
Unlawful Housing Practices:
It is unlawful:
(1) For any owner, lessee, sublessee, assignee, managing agent, real
estate broker, or other person having the right to sell, rent, lease or
6

manage a housing accommodation, or an agent of any of those such

persons to:
a. Discriminate and to directly or indirectly make or cause to be made any written or oral
inquiry concerning the race, color, religious creed, national origin, sex, age, genetic
information, disability, ancestry, marital status, family status, sexual orientation, veteran
status, gender identity, gender expression, or status as a person who is a recipient of
federal, state or local housing subsidies. This policy shall be enforced where unlawful
discrimination exists in housing, employment, education, public accommodations,
housing accommodations of any prospective purchaser, applicant, occupant, or tenant of
any housing accommodation.
b. Discriminate by directly or indirectly refusing to sell, rent, lease, let, or otherwise deny
to or withhold from any individual, any housing accommodation because of race, color,
sex, national origin, religion, age, genetic information, veteran status, gender identity,
gender expression, or status as a person who is a recipient of federal, state or local
housing subsidies marital status, political affiliation, mental and/or physical disability, or
whether there are children in the family/household, or whether the individual receives
public assistance.
c. Discriminate or, directly or indirectly cause to be printed or published, circulated,
broadcast, issued, used, displayed, posted, or mailed any written, printed, painted, or oral
communication or notice of advertisement relating to the sale, rental, lease, or let of any
housing accommodation that indicates any specification, qualification, or discrimination,
based upon race, color, religious creed, national origin, sex, age, genetic information,
disability, ancestry, marital status, family status, sexual orientation, political affiliation,
veteran status, gender identity, gender expression, or status as a person who is a recipient
of federal, state or local housing subsidies or whether the individual receives public
assistance.
d. Directly or indirectly discriminate against any person because of his or her race, color,
religious creed, national origin, sex, age, genetic information, disability, ancestry, marital
status, family status, sexual orientation, political affiliation, veteran status, gender
identity, gender expression, or status as a person who is a recipient of federal, state or
local housing subsidies or whether the individual receives public assistance in the terms,
conditions, or privileges of the sale, rental, lease, or let of any housing accommodation or
in the furnishing of facilities or services in connection therewith; or
e. Refuse to rent or otherwise deny or withhold from any person any housing
accommodation because such a person has children who shall occupy the leased or rented
premises with such person; provided, however, that this subsection shall not apply to
dwellings containing three apartments or fewer, one of which apartments is occupied by
an elderly or infirm person for whom the presence of children would constitute a
hardship. For the purpose of this subsection the term "elderly person" shall mean a person
62 years of age or older, and the term "infirm person" shall mean a person who is
disabled or suffering from a chronic illness.

(2) For any person to whom application is made for a loan or other form of financial
assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any
housing accommodation, whether secured or unsecured, to:
a. Discriminate or to directly or indirectly make or cause to be made any written or oral
inquiry concerning the race, color, religious creed, national origin, sex, age, genetic
information, disability, ancestry, marital status, family status, sexual orientation, political
affiliation, veteran status, gender identity, gender expression, or status as a person who is
a recipient of federal, state or local housing subsidies or whether the individual receives
public assistance, or of existing or prospective occupants or tenants of such housing
accommodation, nor shall any such person to whom such application is made, directly or
indirectly, discriminate in the terms, conditions, or privileges relating to the obtaining or
use of any such financial assistance against any applicant because of the race, color, sex,
national origin, religion, age, marital status, political affiliation, mental and/or physical
disability, presence of children in the family/household, or receipt of public assistance of
such applicant or of the existing or prospective occupants or tenants thereof; or
b. Discriminate or to directly or indirectly deny or limit such application for financial
assistance on the basis of any appraiser's, whether independent or not, evaluation of the
property or neighborhood under consideration, when such evaluation is based on
discriminatory criteria.
(3) For any person, agent, firm, corporation, or association, whether or not acting for
monetary gain, to directly or indirectly induce, attempt to induce, prevent, or attempt to
prevent the sale, purchase, rental or letting of any housing accommodation by:
a. Making implicit or explicit representations regarding the existing or potential
proximity of real property owned, used, or occupied by persons of any particular race,
color, religious creed, national origin, sex, age, genetic information, disability, ancestry,
marital status, family status, sexual orientation, political affiliation, veteran status,
gender identity, gender expression, or status as a person who is a recipient of federal,
state or local housing subsidies or whether the individual receives public assistance.
b. Making implicit or explicit representations regarding the effects or consequences of
any such existing or potential proximity including, but not limited to, the lowering or
property values, an increase in criminal or antisocial behavior, or a decline in the quality
of schools or other facilities; or
c. Making implicit or explicit false representations regarding the availability of suitable
housing within a particular neighborhood or area, or failing to disclose or offer to show
all properties listed or held for sale, rent, lease, or let within a requested price range,
regardless of location, so as to promote the continuance or maintenance of segregated
housing or so as to retard, obstruct, or discourage integrated housing on or in any street,
block, or neighborhood.
(4) Except where based on a valid affirmative action program or recordkeeping or
reporting requirement:
a. For any person, agent, manager, owner, or developer of any apartment or housing unit,

complex, or development, whether commercial or residential, to directly or indirectly

make or keep a record of any applicant's or prospective owner's or race, color, religious
creed, national origin, sex, age, genetic information, disability, ancestry, marital status,
family status, sexual orientation, political affiliation, veteran status, gender identity,
gender expression, or status as a person who is a recipient of federal, state or local
housing subsidies or whether the individual receives public assistance; or
b. For any person, agent, manager, owner, or developer of any apartment or housing unit,
complex, or development, whether commercial or residential, to establish, announce, or
follow a pattern, practice, or policy of denying, excluding, or limiting by any means
whatsoever housing accommodations to any group because of their race, color, religious
creed, national origin, sex, age, genetic information, disability, ancestry, marital status,
family status, sexual orientation, political affiliation, veteran status, gender identity,
gender expression, or status as a person who is a recipient of federal, state or local
housing subsidies or whether the individual receives public assistance
(5) For any person to discriminate in any manner against any individual or to retaliate
against such individual because he or she has opposed any practice forbidden by this
ordinance or because he or she has made a charge, testified, or assisted in any manner in
any investigation, proceeding, or hearing regarding any alleged forbidden practice.
(6) For any person, whether or not acting for monetary gain, to aid, abet, incite, compel,
or coerce the doing of any act declared by this section to be an unlawful housing practice,
or to obstruct or prevent any person from complying with the provisions of this section or
any regulations or order issued under the provisions of this ordinance, or to attempt
directly or indirectly to commit any act declared by this section to be an unlawful housing
practice.
Nothing in this section shall be construed to prevent the operation or establishment of
housing facilities designed for the exclusive use of elderly and/or disabled individuals,
nor to prohibit the establishment of programs assigned to meet the needs or
circumstances of persons with disabilities.
14-788To: President Camuso and Members of the Medford City Council
From: Michael J. McGlynn, Mayor
Date: December 10, 2014
RE: Appropriate Funds and Authorize Michael J. McGlynn, Mayor to execute Grant
Agreement, and to Preserve Land for purposes of a Public Park
Dear President Camuso and Members of the Medford City Council:
I respectfully request that the City Council approve the following so that the City may
accept a State Grant to be used to fund a portion of the Krystle Campbell Peace Garden
on the Grounds of the Medford Senior Center:

1. That the Medford City authorize the submission of an application for Parklands
Acquisition and Renovation for Communities (PARC) Program in the amount of
$299,350.14 to the Executive Office of Energy and Environmental Affairs
(EOEA), Division of Conservation Services (DCS);
2. That the Mayor be authorized to execute a grant agreement and take such other
actions as are necessary to carry out the terms, purposes, and conditions of this
grant;
3. That the City Solicitor be authorized to prepare, and the Mayor execute a deed
restriction for land within the boundaries of the property at 101 Riverside Avenue,
as required by the EOEA, preserving such land for the purpose of a public park
under the provisions of M.G.L. c 45 Section 3 and Part II of the Revised
Ordinances of the City of Medford Sections 62-61 and all documents incidental
thereto;
4. That the following funds be appropriated and be available to fund the Peace
Garden Project and to upfront the costs of the PARC Grant. The sources of this
appropriation are as follows:
o
o
o
o

$100,000.00- Cummings Foundation

$ 50,000.00- Wynn Resorts (Payment 1)
$200,000.00- Wynn Resorts (Payment 2)
$ 4,475.00- Misc. Contributions

A $475,000.00 Section 125 Federal Transportation Earmark will also be used to

fund construction costs. The Total Estimated Peace Garden Construction Cost is
$1,128,725.00.
5. That the resolution takes effect upon passage.
Michael J. McGlynn, Mayor
(signature file/paper)
14-789REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER
$1,000.00 ACCOUNT #010-151-5762
Date: December 8, 2014
To:

The President and Members of the

Honorable Medford City Council

Fr:

Michael J. McGlynn, Mayor

Claimant Name:
Date of Accident:
Date of Settlement:

Adelina Palermo v. City of Medford

March 7, 2013
December 8, 2014

10

Date of Trial Result: NA

Amount of Request: $ 5000.00
Claimants Attorney: N/A
Description of Alleged Claim:
The claimant, Adelina Palermo, age 73, of 112 Sheridan Avenue in Medford, MA 02155
seeks compensation for injuries suffered as a result of a raised sidewalk located near 106
Sheridan Avenue in Medford, Massachusetts. Her injury occurred on September 29,
2013. As a result of her fall, she sustained a rotator cuff tear in her right shoulder which
required arthroscopic surgery. She was treated at Lawrence Memorial Hospital as well as
North Suburban Orthopedic Associates. Her medical bills were in excess of $ 10,000.00.
The necessary Release has been obtained from the claimant.
Breakdown to Amount Requested:
Medical Cost:
Lost Wages:
Other:
Total Settlement:

$ 10,172.00
-0-0$ 5,000.00

14-790REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER

$1,000.00 ACCOUNT #010-151-5762
Date: December 8, 2014
To:

The President and Members of the

Honorable Medford City Council

Fr:

Michael J. McGlynn, Mayor

Claimant Name:
Date of Accident:
Date of Settlement:
Date of Trial Result:
Amount of Request:
Claimants Attorney:

Sharon Deyeso v. City of Medford

September 13, 2013
December 8, 2014
NA
$ 4200.00
Thomas Colonna, Esq.

Description of Alleged Claim:

The claimant, Sharon Deyeso, age 66, of 130 Circuit Road in Medford, MA 02155 seeks
compensation for injuries suffered as a result of a raised sidewalk located near 57 Forest
Street in Medford, Massachusetts. Her injury occurred on September 13, 2013. As a
result of her fall, she sustained two broken teeth, a lip liceration, cuts on her hands and
right shoulder, and twisted her right knee. She was treated at Ortho Care, MelroseWakefield Hospital and North Suburban Orthopedic Associates. Her medical bills were
in excess of $ 4,100.00. The necessary Release has been obtained from the claimant.

11

Breakdown to Amount Requested:

Medical Cost:
Lost Wages:
Other:
Total Settlement:

$ 4142.75
-0-0$ 4200.00

UNFINISHED BUSINESS
13-633

Acceptance of G.L.C. 48 59B, 59C, 59D establish Reserve Fire Force

IN CITY COUNCIL

14-540

14-568

IN CITY COUNCIL

JUNE 17, 2014

IN CITY COUNCIL

JULY 15, 2014

TABLED

Solicitors Information Channel 3

JULY 15, 2014

TABLED

Allocation of Property Tax FY 2015

IN CITY COUNCIL

14-756-

TABLED

Show Cause Hearing CTC Gold Refinery, 6 Salem St

IN CITY COUNCIL
14-732-

AUGUST 6, 2013

DECEMBER 9, 2014

TABLED

Special Permit Zoning Drive Thru Fellsway Property, LLC

IN CITY COUNCIL

DECEMBER 9, 2014

TABLED

PUBLIC PARTICIPATION
COUNCIL PAPERS IN COMMITTEE
Reports Due / Deadlines
Records:
The Records of December 9, 2014 were passed to Councillor Dello Russo.
Adjournment:
Medford City Council Meeting Schedule
December 23, 2014
Tuesday
7:00 PM
December 30, 2014
Tuesday
7:00 PM
January
6, 2015
Tuesday
7:00 PM
12