medford city council agenda december 16, 2014

8/10/2019 Medford City Council Agenda December 16, 2014

1/12

1

Medford City CouncilThe Thirty Seventh Regular MeetingMedford, Massachusetts

December 16, 2014

City Council

Paul A. Camuso, PresidentRichard F. Caraviello, Vice President

Frederick N. Dello Russo, Jr.Adam Knight

Breanna Lungo-Koehn

Michael J. MarksRobert M. Penta

Council President, Paul A. Camuso, called the Thirty Seventh Regular Meeting of theMedford 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-KoehnBe It Resolved that the council receive a copy of the last 3 years certified freecash forms, which were signed off on by DOR. Be it further resolved that thecouncil receive a breakdown showing which accounts the certified free cashcame 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 theaverage of the last 3 years certified free cash amount, which is approximately 1million dollars as stated to us on December 9, by multiple department heads.

14-785-Offered by Councillor Lungo-KoehnBe It Resolved that the Chief of Police look into the new program that manycities/towns are implementing, which is called "Coffee with a Cop." Be it further


2/12

2

resolved that Medford look into implementing the program once per month afterthe new year.

14-786-Offered by Councillor PentaBe It Resolved that the mayor's newly implemented water rate tiered

programming be discussed.

COMMUNICATIONS FROM THE MAYOR14-787-

December 11, 2014To: 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 thefollowing amendment to Division 2 and Division 13 of the Ordinances of the Cityof Medford.

This Amendment strikes the present provisions of our Revised Ordinances thatset forth the Fair Housing Commission and the Human Rights Commission andblends the two Commissions into one Commission that will be called the HumanRights Commission.

This effort originated with the members of the Fair Housing Commission and theHuman Rights Commission. They have been working with the City Solicitor forthe better portion of a year on this consolidation.

This amendment takes into consideration the respective individual jurisdictions ofeach commission and joins them in a fashion that will allow the resultingcommission to address the significant and ever expanding issues of human rightsand 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


3/12

3

Cont: 14-787-

An Ordinance Amending

Division 2, Section 50-61 through 50-63

[Fair Housing Commission]

andDivision 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 2-541through Section 2-549 [Human Rights Commission] of the Revised Ordinances ofthe City of Medford, as most recently amended, are hereby stricken and herebyfurther 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, sexualorientation, 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 inparagraph (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 oractivity to which this policy applies, the City recognizes its obligation to takereasonable affirmative action to remove or overcome the consequences of the anyprior discriminatory practice or usage, to accomplish the purposes of this policy.Even in the absence of such prior discrimination, the City shall, in administeringany of its programs, take affirmative action to overcome the effects or conditionsthat have resulted in limiting participation by persons based on the grounds setforth in paragraph (1) of this section.


4/12

4

Sec. 50-62. Construction

The provisions of this ordinance shall be construed liberally for the accomplishments ofthe purposes thereof, and any ordinance inconsistent with any provision hereof shall notapply, but nothing contained in this division shall be interpreted to contravene the generallaws of the Commonwealth.

Sec. 50-63. Membership; appointment; term; removal

The Medford Human Rights Commission shall consist of nine (9) members who shall bepersons who live or work in the city. All members shall be appointed by the Mayor. TheCommission shall reflect a diverse representation of persons active in the efforts ofhuman 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 ofthe Chair, Vice-Chair, and Clerk. They shall serve for two years with the ability to serveone consecutive term.

Members are expected to attend and participate in all meetings and events of theCommission. If a Commissioner misses more than two meetings in a fiscal year, exceptfor illness or other exceptional circumstances, he/she will be asked to review his/hercommitment to the Commission. Members are not prohibited from serving additionalterms provided they take a year off from serving.

Sec. 50-65. Appointments.

(a)For the initial appointments to the Human rights Commission, the Mayor shallappoint 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 theunexpired 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 shallnot vote unless she/he must vote to break a tie. Five members of the Commission shallconstitute a quorum. No binding decisions shall be made at any meeting at which notenough members are present to constitute a quorum. When enough members are presentto constitute a quorum, a majority of those present shall be sufficient for any action takenby the Commission.

Sec. 50-67. Functions and powers.


5/12

5

To uphold and secure the mandates, rights, and privileges of its policy, the Commissionshall work to cause the full integration and participation of all people in the City. TheCommission shall be guided by these functions and powers to:

(1)Enlist the cooperation of local, state, and federal, and private organizationsand public agencies, in eliminating unlawful discrimination by cultivating an

atmosphere of mutual understanding and harmonious group relationships andcarrying out programs designed to meet the problems of people who faceinequity.

(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 ortend to deny equal access to or opportunities in housing, employment,education, public accommodations, services, and facilities to any person orgroup.

(4)Offer to hear any person or group with a human rights grievance, andinvestigate or refer any such grievance that has merit, if municipal resourcesexist to do so. Such decisions shall be made at the sole discretion of theDiversity Director.

(5)Resolve matters of unlawful discrimination whenever possible throughmediation, but when this is not possible, refer such matters to the stateCommission Against Discrimination, or to any court or other governmentalagency having remedial jurisdiction.

(6)Issue such publications and research as in the Commissions judgment willtend to promote goodwill, information, and outreach, to minimize or eliminatediscrimination.

(7)Periodically review and make recommendations about policies, procedures,services, activities, and facilities of the departments, boards, and agencies ofthe City.

(8)Provide information, referrals, guidance, and technical assistance toindividuals, public agencies, businesses, and organizations in all matterspertaining 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 Commissionin connection therewith.

(10) Keep the Mayor, the City Council, and the School Committee informed ofCommission action, report upon request, and submit an annual report to theMayor, which shall include a written summary of the Commissions work.

The Commission, along with the Citys Diversity Director, shall be designated bythe Mayor to advise citizens of their rights under this ordinance, and to refer cases of


6/12

6

possible discrimination to the state Commission Against Discrimination.

This section shall not preclude a citizen from filing a complaint or seeking redress beforethis Commission and independently before any agency of the Commonwealth ofMassachusetts, including the state Commission Against Discrimination or any otheragency.

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 havethe meanings ascribed to them in this section, except where the context clearlyindicates 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; arecord of having such impairment; or being regarded as having suchimpairment; but such term shall not include current, illegal use of a controlledsubstance as defined in M.G.L.A. c. 94C.

Discriminate: Design, promote, implement, or carry out any policy, practice, oract that by design or effect segregates, separates, distinguishes or has adisproportionate impact according or because of a persons race, color, religiouscreed, national origin, sex, age, genetic information, disability, ancestry, maritalstatus, family status, sexual orientation, veteran status, membership in theArmed 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, orrental supplements.

Human Rights: The rights of all persons to freely exercise and enjoy the rightsand privileges secured by the Constitution and Laws of the United States and theConstitution and laws of the Commonwealth of Massachusetts. These are therights 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, genderexpression, or status as a person who is a recipient of federal, state, or localhousing 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, realestate broker, or other person having the right to sell, rent, lease or


7/12

7

manage a housing accommodation, or an agent of any of those suchpersons to:

a. Discriminate and to directly or indirectly make or cause to be made any written or oralinquiry concerning the race, color, religious creed, national origin, sex, age, genetic

information, disability, ancestry, marital status, family status, sexual orientation, veteranstatus, gender identity, gender expression, or status as a person who is a recipient offederal, state or local housing subsidies. This policy shall be enforced where unlawfuldiscrimination exists in housing, employment, education, public accommodations,housing accommodations of any prospective purchaser, applicant, occupant, or tenant ofany housing accommodation.

b. Discriminate by directly or indirectly refusing to sell, rent, lease, let, or otherwise denyto 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 localhousing subsidies marital status, political affiliation, mental and/or physical disability, or

whether there are children in the family/household, or whether the individual receivespublic 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 oralcommunication or notice of advertisement relating to the sale, rental, lease, or let of anyhousing 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 recipientof 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, maritalstatus, family status, sexual orientation, political affiliation, veteran status, genderidentity, gender expression, or status as a person who is a recipient of federal, state orlocal 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 orin the furnishing of facilities or services in connection therewith; or

e. Refuse to rent or otherwise deny or withhold from any person any housingaccommodation because such a person has children who shall occupy the leased or rentedpremises with such person; provided, however, that this subsection shall not apply todwellings containing three apartments or fewer, one of which apartments is occupied byan elderly or infirm person for whom the presence of children would constitute ahardship. For the purpose of this subsection the term "elderly person" shall mean a person62 years of age or older, and the term "infirm person" shall mean a person who isdisabled or suffering from a chronic illness.


8/12

8

(2) For any person to whom application is made for a loan or other form of financialassistance for the acquisition, construction, rehabilitation, repair, or maintenance of anyhousing accommodation, whether secured or unsecured, to:

a. Discriminate or to directly or indirectly make or cause to be made any written or oralinquiry concerning the race, color, religious creed, national origin, sex, age, genetic

information, disability, ancestry, marital status, family status, sexual orientation, politicalaffiliation, veteran status, gender identity, gender expression, or status as a person who isa recipient of federal, state or local housing subsidies or whether the individual receivespublic assistance, or of existing or prospective occupants or tenants of such housingaccommodation, nor shall any such person to whom such application is made, directly orindirectly, discriminate in the terms, conditions, or privileges relating to the obtaining oruse 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 physicaldisability, presence of children in the family/household, or receipt of public assistance ofsuch 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 financialassistance on the basis of any appraiser's, whether independent or not, evaluation of theproperty or neighborhood under consideration, when such evaluation is based ondiscriminatory criteria.

(3) For any person, agent, firm, corporation, or association, whether or not acting formonetary gain, to directly or indirectly induce, attempt to induce, prevent, or attempt toprevent the sale, purchase, rental or letting of any housing accommodation by:

a. Making implicit or explicit representations regarding the existing or potentialproximity 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 ofany such existing or potential proximity including, but not limited to, the lowering orproperty values, an increase in criminal or antisocial behavior, or a decline in the qualityof schools or other facilities; or

c. Making implicit or explicit false representations regarding the availability of suitablehousing within a particular neighborhood or area, or failing to disclose or offer to showall 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 segregatedhousing 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 orreporting requirement:

a. For any person, agent, manager, owner, or developer of any apartment or housing unit,


9/12

9

complex, or development, whether commercial or residential, to directly or indirectlymake or keep a record of any applicant's or prospective owner's or race, color, religiouscreed, 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; orb. For any person, agent, manager, owner, or developer of any apartment or housing unit,complex, or development, whether commercial or residential, to establish, announce, orfollow a pattern, practice, or policy of denying, excluding, or limiting by any meanswhatsoever housing accommodations to any group because of their race, color, religiouscreed, 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 localhousing 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 thisordinance or because he or she has made a charge, testified, or assisted in any manner inany 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 orany regulations or order issued under the provisions of this ordinance, or to attemptdirectly or indirectly to commit any act declared by this section to be an unlawful housingpractice.

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 orcircumstances of persons with disabilities.

14-788-

To: President Camuso and Members of the Medford City CouncilFrom: Michael J. McGlynn, MayorDate: December 10, 2014RE: Appropriate Funds and Authorize Michael J. McGlynn, Mayor to execute GrantAgreement, 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 mayaccept a State Grant to be used to fund a portion of the Krystle Campbell Peace Gardenon the Grounds of the Medford Senior Center:


10/12

10

1. That the Medford City authorize the submission of an application for ParklandsAcquisition 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 thisgrant;

3. That the City Solicitor be authorized to prepare, and the Mayor execute a deedrestriction 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 parkunder the provisions of M.G.L. c 45 Section 3 and Part II of the RevisedOrdinances of the City of Medford Sections 62-61 and all documents incidentalthereto;

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 thisappropriation are as follows:

o $100,000.00- Cummings Foundationo $ 50,000.00- Wynn Resorts (Payment 1)o $200,000.00- Wynn Resorts (Payment 2)o $ 4,475.00- Misc. Contributions

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

14-789-

REQUEST FOR EXPENDITURE FROM LAW DEPARTMENT CLAIMS OVER

$1,000.00 ACCOUNT #010-151-5762

Date: December 8, 2014

To: The President and Members of theHonorable Medford City Council

Fr: Michael J. McGlynn, Mayor

Claimant Name: Adelina Palermo v. City of MedfordDate of Accident: March 7, 2013Date of Settlement: December 8, 2014


11/12

11

Date of Trial Result: NAAmount of Request: $ 5000.00Claimants Attorney: N/A

Description of Alleged Claim:

The claimant, Adelina Palermo, age 73, of 112 Sheridan Avenue in Medford, MA 02155seeks compensation for injuries suffered as a result of a raised sidewalk located near 106Sheridan 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 whichrequired arthroscopic surgery. She was treated at Lawrence Memorial Hospital as well asNorth 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: $ 10,172.00Lost Wages: -0-

Other: -0-Total Settlement: $ 5,000.00

14-790-

REQUEST 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: Sharon Deyeso v. City of MedfordDate of Accident: September 13, 2013Date of Settlement: December 8, 2014Date of Trial Result: NAAmount of Request: $ 4200.00Claimants Attorney: Thomas Colonna, Esq.

Description of Alleged Claim:

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


12/12

12

Breakdown to Amount Requested:

Medical Cost: $ 4142.75Lost Wages: -0-Other: -0-Total Settlement: $ 4200.00

UNFINISHED BUSINESS

13-633 Acceptance of G.L.C. 48 59B, 59C, 59D establish Reserve Fire Force

IN CITY COUNCIL AUGUST 6, 2013 TABLED

14-540 Show Cause Hearing CTC Gold Refinery, 6 Salem St

IN CITY COUNCIL JUNE 17, 2014

IN CITY COUNCIL JULY 15, 2014 TABLED

14-568 Solicitors Information Channel 3

IN CITY COUNCIL JULY 15, 2014 TABLED

14-732- Allocation of Property Tax FY 2015

IN CITY COUNCIL DECEMBER 9, 2014 TABLED

14-756- 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 ScheduleDecember 23, 2014 Tuesday 7:00 PMDecember 30, 2014 Tuesday 7:00 PMJanuary 6, 2015 Tuesday 7:00 PM

medford city council agenda december 16, 2014

Documents