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BOSTON LIBRARY

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REPORT OF PROCEEDINGS

OF THE

CITY COUNCIL OF BOSTON

FOR THE YEAR

COMMENCING JANUARY 7, 1991, AND ENDING DECEMBER 18, 1991

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City of Boston Administrative Services Department

CITY OF BOSTON c^pj&6> PRINTING SECTION

'" DOC 63SO ■ 2-

INDEX

TO THE

CITY COUNCIL PROCEEDINGS

for

THE YEAR COMMENCING JANUARY 7, 1991, AND ENDING DECEMBER 18, 1991

A & M UNIVERSITY ALUMNI, BOSTON CHAPTER OF

honoring, 143

A.B.C.D. CHILD CARE CHOICES OF BOSTON

honoring, 125

ABBATANGELO, JOHN AND DORA

honoring, 271

"ANTHONY A. ABRUZZESE DAY"

declaring, 68

ACCOMANDO, WILLIAM, JR.

honoring, 271

ADDUCI, JOANNE

honoring, 253

ADJOURNMENTS Buccacio, Salvatore A., 208 Conte, Congressman Silvio, 30 Hennessey, Alice and William, 271 Holocaust victims, 76 Hurley, Jeremiah J. Jr., 278 Jeter, Eddie Jr., 242 Pearl Harbor veterans, 295 Ridlon, Police Officer John, 258

ADMINISTRATION AND FINANCE, EXECUTIVE OFFICE FOR

communication from, 18 Northeastern University land, 2

ADMINISTRATIVE SERVICES DEPARTMENT

appropriations:

Health Benefits Division, $450,000, 137, 185

AFRICA, INC.

honoring, 227

AFRICAN IMMIGRANT ACHIEVEMENT AWARD RECIPD2NTS

honoring, 84

"AFRICAN IMMIGRANT COMMUNITY DAY"

declaring, 68

ALBERTS, DR. WILLIAM E. honoring, 227

ALLEN, WILLIE MAE

honoring, 271

ALLSTON/BRIGHTON DELEGATION AT STATE HOUSE honoring, 312

AMBLER, GARY AND EVELYN

honoring, 288

AMERICAN EXPRESS COMPANY honoring, 258

(3)

ANDERSON, GERALD honoring, 312

APPOINTMENTS Abrams, Marianne, alternate member of Landmarks Commis- sion, 163, 202 Alexander, James, alternate member of Landsmarks Commis- sion, 164, 202

representative to Bay State Road/Back Bay West Architectural Conservation District Commission, 260 representative to Mission Hill Architectural Commission, 261 representative to St. Botolph Architectural District Commission, 261 Alosi, James, member of Human Rights Commission, 238 Arrigal, William, member of Election Commission, 129 Baer, Sally, alternate member of Boston Landmarks Commission,

260 Baker, Mary, member of Board of Health and Hospitals, 49, 267 Beal, Bruce A., member of Art Commission, 128 Bartman, Richard, member of Landsmarks Commission, 161, 200

member of South End Landmark District Commission, 165, 202 Blackburn, Jane, member of Rent Equity Board, 18 Bradley, Bob, alternate member of St. Botolph Architectural Dis- trict Commission, 263 Brooker, Kathleen, alternate member of Landmarks Commis- sion, 164, 202

member of Bay Village Historic District Commission, 263 representative to Bay State Road/Back Bay West Architectural Conservation District Commission, 260 representative to Mission Hill Architectural Commission, 261 representative to St. Botolph Architectural District Commission, 261 Chu, Dr. Doris, member of Arts and Humanities Advisory Com- mission, 232 Clark, Minnie, member of Trustees of Charitable Donation, 291 Connolly, Anne L., member of Human Rights Commission, 257 constables: 17, 119, 199, 207, 217, 226, 230, 231, 273, 293,

305 DiCara, Lawrence, member of Audit Committee, 160, 233 Dimino, Richard A., representative to Metropolitan Planning

Council, 139 Donner, Ann, member of Boston Employment Commission, 290 Donovan, John Sr., Acting Commissioner and Chairman to

Board of Election Commissioners, 48 Doyle, Charles, member of Arts and Humanities Advisory Com- mission, 233 Edraos, Patricia, member of Mission Hill Architectural Commis- sion, 264 Ellis, Melissa, alternate member of St. Botolph Architectural

District Commission, 262 Ennis, Thomas, member of Landmarks Commission, 161, 201 Farquaharson, Kelly, alternate member of Mission Hill Architec- tural Commission, 264 Favorite, John, member of Arts and Humanities Advisory Com- mission, 232 Firzli, Nabil, member of Beacon Hill Architectural Commission,

265 Fitzgerald, Kevin, member of Board of Health and Hospitals, 49, 267

APPOINTMENTS

(4)

APPOINTMENTS'

Appointments, Continued

Flynn, Kay, alternate member of Beacon Hill Architectural Com- mission, 265

Fontanez, Jovita, member of Conservation Commission, 33 member of Election Commission, 128

Gibbons, Shirley, alternate member of Bay Village Historic Dis- trict Commission, 261

Gold, Vera, member of Arts and Humanities Advisory Commis- sion, 232

Groden, Edie, member of Bay Village Historic District Commis- sion, 262

Guen, Robert, member of Board of Health and Hospitals, 49, 267

Guiney, Ellen, alternate member of Beacon Hill Architectural Commission, 266

Hatfield, June, alterate member of Landmarks Commission, 163, 201

Hawkes, Pamela, member of Landmarks Commission, 162, 201

housing inspectors, 64, 203

Ings, Margaret, member of Arts and Humanities Advisory Com- mission, 232

Jackson, Lee, member of Board of Health and Hospitals, 49, 267

Jaimes, Rafael, member of Arts and Humanities Advisory Com- mission, 232

Janericco, Terrance, member of Bay Village Historic District Commission, 270

Jennings, John, member of Audit Committee, 161, 234

Jennings, John J., member of Boston Retirement Board, 291

Jones, Frank, member of Boston Employment Commission, 128 Chairperson, 128

Jordan, Denise A., member of Rent Equity Board, 246

Jordan, William, member of Mission Hill Architectural Com- mission, 264

Kiefer, Matthew J., alternate member of Landmarks Commis- sion, 164, 202

Lan-Truong, Val, member of Boston Employment Commission, 290

Landsmark, Theodore C, member and chairperson of Youth Services Commission, 139

Leazott, Richard, alternate member of Bay State Road/Back Bay West Conservation District Commission, 270

LeBlanc, Keith, alternate member of Landmarks Commission, 163, 201

alternate member of Bay Village Historic District Commission, 263

representative to Bay State Road/Back Bay West Architectural Conservation District Commission, 260 representative to Mission Hill Architectural Commission, 261 representative to St. Botolph Architectural District Commission, 261

Lee, Alyce, alternate member of Landmarks Commission, 163, 202

Liriano, Eric E., member of Audit Committee, 160, 233

Luccio, Ronald, member of Back Bay Architectural Commis- sion, 159

Maclnnes, Mary, member of Trustees of Charitable Donations, 291

Marcellino, James, member of Board of Health and Hospitals, 49, 266 Chairman of Board of Health and Hospitals, 49, 267

Mateo, Jose, member of Arts and Humanities Advisory Commis- sion, 232

McCormack, Kristen, member of Arts and Humanities Advisory Commission, 232 member of Boston Employment Commission, 128

McDermott, Pamela, member of Landmarks Commission, 161, 201

Mclntyre, Thomas, member Conservation Commission, 33

McLaughlin, Reverend Bernard, member of Emergency Shelter Commission, 65

Mitchell, Bart J., member Boston Industrial Development Fi- nancing Authority, 5, 12

Molina, Tony, member of Board of Health and Hospitals, 49, 267

Morse, John, member of St. Botolph Architectural District Com- mission, 262

Mullane, Michael, member of Board of Health and Hospitals,

Appointments, Continued

~ 49, 267 Murray, Lawrence, member of Arts and Humanities Advisory

Commission, 233

Neale, John, alternate member of South End Landmark District Commission, 166, 203

Neblett, Roy, member of Audit Committee, 160, 234

Ocasio, Daniel L., alternate member of Boston Landmarks Com- mission, 260

O'Donnell, James, member of South End Landmark District Commission, 164, 202

Panagaro, Anthony, member of Beacon Hill Architectural Com- mission, 265

Parker, Ellen, member of Audit Committee, 160, 233

Payne, Gloria, member of Arts and Humanities Advisory Com- mission, 233

Pham, Dang, member of Fair Housing Commission, 246

Pierce, Joel, member of Beacon Hill Architectural Commission, 160

Pierce, Martin E., Commissioner of Boston Fire Department, 2

Pisani, Anthony, member of Landmarks Commission, 162, 201 member of South End Landmark District Commission, 165, 202

Plant, Thomas, alternate member of South End Landmark Dis- trict Commission, 166, 203

Quatrale, John, member of Landmarks Commission, 162, 201

Regenstein, Lois, alternate member of Mission Hill Architectural Commission, 264

Rizzo, William, alternate member of Beacon Hill Architectural Commission, 266

Rowell, Bradford, member of Beacon Hill Architectural Com- mission, 265

Ryan, Dorothea, member of Bay State Road/Back Bay West Ar- chitectural Conservation District Commission, 263

Ryan, Jeanne M., member of Boston Landmarks Commission, 260

Sanders, Anne, Executive Director of Human Rights Commis- sion, 48

Sandler, Debra A., member of Trustees of Charitable Donations, 291

Scalcione, Jack, member of Trustees of Charitable Donations, 291

Schwartz, Alan, member of Landmarks Commission, 162, 201 member of South End Landmark District Commission, 165, 203

Sheppard, Everett, member of Election Commission, 129

Smith, Michael, Chairperson of Conservation Commission, 33

Snyder, Thomas G., Director of Administrative Services, 209

Sullivan, John P., member of Conservation Commission, 33

Themo, Victor, member of Bay State Road/Back Bay West Ar- chitectural Conservation District Commission, 263

Thompson, Benjamin, Commissioner of Penal Institutions De- partment, 6

Thornell, Consuelo Gonzales, member of BRA, 279, 291

Tierney, Steven, member of Board of Health and Hospitals, 49, 267

Tisei, Virginia, member of Rent Equity Board, 232

Tosi, Carlo, alternate member of Bay State Road/Back Bay West Conservation District Commission, 271

Tougis, Cheryl, member of Bay Village Historic District Com- mission, 265

Tye, A. Raymond, member of Board of Health and Hospitals, 49, 267

Walczak, William, member of Parks and Recreation Commis- sion, 176

Wasserman, Michael, member of Arts and Humanities Advisory Commission, 233

Weatherbie, Susan, member of St. Botolph Architectural District Commission, 262

Weighers of Goods: 17, 198, 305

Wiley, Fletcher H., member of Economic Development and In- dustrial Corporation, 237, 266

Williams, Edward, member of Arts and Humanities Advisory Commission, 232

Williams, Victoria, member Boston Water and Sewer Commis- sion, 5, 18

Williams, Walt, member of Boston Employment Commission, 128

APPOINTMENTS

(5)

ROLLING, BRUCE C.

Appointments, Continued

Williamson, William P., member of Arts and Humanities Advi- sory Commission, 232

Wills, Richard, member of Beacon Hill Architectural Commis- sion, 265

Wilson, Nancy, member of South End Landmark District Com- mission, 165, 203

Withington, Sally, member of Bay Village Historic District Commission, 270

APPROPRIATIONS

Administrative Services Department, $450,000, 137, 184 i appropriation and tax orders for fiscal year 1991-1992: 69,

87, 105, 148, 166, 168, 298, 302 City of Boston/Suffolk County, $4,343,682, 80, 123 Edward Ingersoll Browne Fund:

various projects: $1,179,500, 3; $557,500, 289 Library Department: Eastern Regional Library: $98,738.24, 11; $92,240.79, 38;

$189,737.24, 45; $202,563.16, 230; $227,035.09, 280 Library of Last Recourse: $598,864.33, 45; $550,141.49, 100,

159; $530,460.99, 217, 298; $584,854.06, 280 Parkman Fund: Boston Common, $750,000, 100, 182 Penal Institutions Department, $1,223,300, 79, 123 Registry of Deeds, $900,000, 137, 184 School Department, $4,000,000, 37, 104, 116, 148;

$374,000,000, 78, 113 Suffolk County Jail, $2,300,000, 137, 184; $284,395.41, 138 various projects, $1,179,500, 3

kREA C OFFICERS

honoring, 271

iRNOLD, DAVID M.

honoring, 84

iRTS AND HUMANITIES, COMMITTEE ON members: Couns. Menino (Chairman), Hennigan Casey, McLaughlin, Salerno, Scondras

iSARO, YOLANDA JOSEPHINE honoring, 278

iSHFORD, MAZIE

honoring, 242

tSSESSING DEPARTMENT Prudential Insurance Company, 232

iTTORNEY GENERAL

second mortgage scams, 1 10

CRISPUS ATTUCKS DAY"

declaring, 43

tSARO, YOLANDA JOSEPHINE

lU BON PAIN

honoring, 271

AUDITING DEPARTMENT

City Council offices audited, 13 communication from, 92, 298, 306

^ZPELL, JOHN ANDREW honoring, 104

lAAQUEE, SUSANNE I., D.M.D. honoring, 30

IANK OF BOSTON, CODMAN SQUARE BRANCH honoring, 253

JANKSKI, POLICE DEPUTY

honoring, 271

ARBER, AVI

honoring, 125

BARBOSA, RICARDO

honoring, 125

BARNEY, KRISTINA

honoring, 208

BARRY, EDWARD T.

honoring, 104

BAY STATE GRAND CHAPTER O.E.S.

honoring, 84

BEALS AND THOMAS, INC.

notice re change, 11, 48, 268, 284

BEAUFORD, RFC. WILLIS JR. sympathy on dealth of, 182

BEEKS, SHIRLEY ANN honoring, 133

BELL, DOROTHEY

honoring, 278

BELLFLOWER HOUSING RESIDENTS

honoring, 236

BEN-ARI, RIVKA

honoring, 125

BERENSON, SHARON

honoring, 125

BERKLEE COLLEGE OF MUSIC

honoring, 104

BERMUDA, PEOPLE OF

honoring, 125

BERNARD, PASTOR MICHAEL honoring, 3

BERTOLON, MARY J.

honoring, 15

BETH ISRAEL HOSPITAL

financing, 283

BICYCLE AND PEDESTRIAN TRANSPORTATION IMPROVEMENT ACT OF 1991

supporting, 104

"BIKE TO WORK DAY"

declaring, 104

BOGGIA, DOMINIC honoring, 159

BOLLING, BRUCE C.

committee appointments: Housing, Post Audit and Oversight (Chairman), Public Education, Substance Abuse, Youth Serv- ices, Whole

committee reports: Post Audit and Oversight: 122, 139, 233, 234

approving petition for special law re: reorganizing the School Committee of the City of Boston, 51, 58, 74, 218, 219

hearings:

Home Mortgage Disclosure Act, 268

Inspectional Services workers, 93

1990 census, 60

second mortgage scams, 110

Youth Commission report, 94

honoring, 312

information re:

Election Commission, 235, 246

youth population, 94

orders:

BOLLING, BRUCE C.

(6)

BROWN, GAB*

Boiling, Bruce C, Continued

Boston City Hospital system, 29

Lee, Spike, 43

1990 census, 132

Redisricting Committee, 101

Rule 28 amended, 130

school opening, 125

traffic enforcement, 52

voter registration (ATREVETE), 177, 240

ordinances:

establishing a joint Community/Police Relations Board, 205,

210 re parental responsibility, 102 The Community/Police Partnership Act, 103 presentation to, 312 resolves:

Gun Amnesty Week, 109 Kuwait redevelopment, 59 Lee, Spike, 43 mortgage companies, 110 second mortgage scams, 110 voter registration, 277 WGBH-TV programs, 66 consent agenda: Barbosa, Ricardo, 125 Beauford, P.F.C. Willis, Jr., 182 Bromley-Heath Tenant Management Corporation, 182 Brooks, Gloria E., 133 Bryan, Locksley, 236 Cahill, Kristina, 125 Cooper, Edward L. Sr., 182 Crook, Beverly Ann Dancy, 133 Cummings, Bishop Frank Curtis, 36 Dezso, Julianne, 125 Dudley, J. Wayne, 182 Dykens, Jeanine, 125 Ellis, Denise, 125 "English Plus Month", 271 Fernandes, Leao C, 133 Genovese, Emanuel, 182 Goodnight, Paul, 182 Gough, Agnes L., 21 Guscott, Kenneth I., 182 Haynes, C. Vincent and Mildred E., 253 Houston, Amanda V., 125

Issacson, Miller, Gilvar and Boulware, Inc., 104 Jackson, Stephanie, 182 Jenkins, Clara Anderson, 208 Jones, Jennifer A., 133 Jordan, Deborah P., 97 Kelley, Charles and Noreen, 125 LaMar, Sally, 312 Madden, Liam F, 215 Mallen, Catherine, 125 Matthews, Daphne and Leonard, 182 Mayfield, Gloria, 15 Monahan, Marybeth, 125 O'Brien, Paul, 125 Ollivierre, Franklin O., 36 Preston, Joanna, 125 Roxbury Neighborhood Council, 159 Starr, Maurice, 236 Superintendent Search Committee, 104 Taylor, Richard L., 36 372nd Infantry Veterans Association of William E. Carter Post

#16, American Legion, 36 Uphams Corner Branch Library, 159 Whelan, Steven, 125 Woodson, Freeman A., Jr., 15 Yoneoka, Elaine Sayoko, 182

BOSTON, CITY OF appropriation for, 80

BOSTON CITY HOSPITAL medical services distribution, 29

BOSTON COMMUNITY SERVICE honoring, 271

BOSTON EDISON COMPANY

bonds ($80,000,000), 136, 200 honoring, 43

BOSTON GLOBE

resolution re, 293

"BOSTON HERALD" INVESTIGATION commending, 82

BOSTON HOUSING AUTHORITY FY92 Federal Operating Budget, 3 quarterly management report: 101, 233, 284 Voluntary Compliance Agreement, 139

BOSTON LANDMARKS COMMISSION 39 & 41 Princeton Street, East Boston, 93, 114

BOSTON REDEVELOPMENT AUTHORITY Environmental Review Officer, 27 Franklin Park Apartments Project, 12 1990 census, 132 121A applications:

B'nai B'rith Senior Citizens Housing Corporation, 291 Back Bay Manor, 121 Dudley Neighbors, Inc., 109 Intervale-Magnolia Apartments, 27 Olmsted Plaza, 284 Prudential Center, 231 Woodledge Apartments, 27 Prudential Insurance Company, 232

BOSTON TEACHERS UNION communication from, 6

BOSTON TRADESWOMEN'S NETWORK honoring, 208

BOUTLEER, LILLIAN honoring, 61

BRACE, JEAN honoring, 288

BRADLEY, MAYOR MARY

honoring, 271

BRANNELLY, PATRICK J. honoring, 159

BRANNELLY, PAUL J. honoring, 159

"BREAST CANCER AWARENESS DAY" declaring, 271

BRIGHAM AND WOMEN'S HOSPITAL financing, 283 honoring, 182

BRIGHTON HIGH SCHOOL

honoring, 236

"BRITISH AIRWAYS DAY"

declaring, 104

BROMLEY-HEATH TENANT MANAGEMENT CORPORA- TION

honoring, 182

BROOKS, GLORIA E.

honoring, 133

BROOKSIDE NEIGHBORHOOD ASSOCIATION

honoring, 159

BROWN, GARY

honoring, 68

JROWN, WILBUR

(7)

CHARLES STREET JAIL

[OWN, WILBUR lonoring, 133

•WARD INGERSOLL BROWNE FUND

ippropriations: various projects, $1,179,500, 3; $557,500, 289

LUYNELL, KENNETH C. lonoring, 133

YAN, LOCKSLEY tonoring, 236

CCACIO, SALVATORE A. idjournment in memory of, 208 ympathy on death of, 208

CHANAN, BUCK lonoring, 271

DGET OFFICE

ire and casualty insurance, 42

<RKE, CINDY

lonoring, 189

RKE, HELEN VERONICA

lonoring, 159

RRI, JESSIE

tonoring, 242, 253

ISH, PRESIDENT GEORGE communication from, 50

TLER, JULIA Honoring, 44

TLER, THOMAS J.

onoring, 61

1RNE, JAMES E.

ommittee appointments: Environment and Public Works (Chair- man), Government Operations, Housing (Chairman), Planning

and Development, Public Safety, Tourists and Tourism, Ways

and Means, Community Investment and Banking, Intergovern- mental Relations, University-Community Relations, Whole

ommittee reports: Environment and Public Works: 18, 38, 114,

200, 201, 202, 203; Housing: 132, 211, 240

earings:

mall businesses, 59

lformation re:

hotocopying services, 122, 127 \ rders: ; ISA, 14

)bs created, 235

rdinances:

equiring job impact statements, 234 |i esolves:

onsent agenda:

j-ea C Officers, 271

ankski, Police Deputy, 271

race, Jean, 288

i.ruynell, Kenneth C, 133

osta Rican visitors, 15 jb.gan, Patricia, 312

lanagan, Joseph F., 133 fiendrolis, Paul, 271 i1 Berber, Etta, 104

(utchinson, Mary A., 133

osephson, Julie Ann, 133 Kane, Ellen, 253

iane, Bernadette and Charles, 288

ee, William E., 68

IcCarthy, Charles H., 3

lurray, Marie, 182 Murray, Ruth and William, 253

orton Family, 271

Byrne, James E., Continued

O'Mara, Michael, 271 Pfeilsticker, Louis, 312 Powers, Robert E., 15 Reardon, William and Alice, 36 Ronan, Michael J., C.S.E., 208 Silva, Dino, 182 Thompson, Dr. Stephen G., 271 "Randall J. Tobin Day", 96 Zubrin, William, 253

BYRON, ELTON

honoring, 36

CABRAL, MRS. FREDDY

honoring, 242

CAHILL, KRISTINA

honoring, 125

CAHN, MARJORTE

honoring, 125

CAIN, JESS honoring, 96

CALLOWAY, TERRYL

honoring, 295

CANO, DR. JULIO ALBERTO

healthworkers, 36

CANTY, JOHN

honoring, 236

CAPITAL PLANNING OFFICE communication from, 33

CARANGELO, TED

honoring, 271

CARPENITO, FRANCIS honoring, 258

"ALBERTO CASALE DAY" declaring, 288

"JOSEPH S. CATALDO DAY" honoring, 125

CATALDO, JUDITH F. honoring, 253

CAULFIELD, JOHN

honoring, 182, 189

CELESTER, DEPUTY "BILLY"

honoring, 125, 143

SUPERINTENDENT WILLIAM

CELONA, MR. AND MRS. FRANK

honoring, 143

CENTOFANTI, EDOARD

honoring, 278

CERRONE, DIANE

honoring, 104

CESARETTI, CAPTAIN ROBERTO

honoring, 208

CHADBOURN, JESSICA honoring, 182

CHARLES STREET JAIL Commitment and Discharge report, 2 Hogarth, David, 48, 65, 121 inspection reports: 5, 6

CHRISTMAS, SUSIE

(8)

COLLOTTA, DEAN

CHRISTMAS, SUSIE honoring, 208, 253

CIMINO, JOSEPH

honoring, 133, 143

CIRCLES (see STREETS)

CITY AND NEIGHBORHOOD SERVICES, COMMITTEE ON members: Couns. Kelly (Chairman), Hennigan Casey, McCor-

mack, O'Neil, Salerno committee reports: 3, 81, 155, 182, 266, 267, 268, 292 hearings:

Boston Zoning Code, 34, 266 city services requests, 266 Code Enforcement Department, 52, 267 construction and repair projects, 59, 266 excise tax accounts, 102 excise taxes, 204

H.V.A.C. improvement project, 181 Harmony Clause Ordinance, 34, 266 Long Island Hospital, 51, 81 printing contracts, 52 public works projects, 19 South End neighborhood, 124

matters referred: 11, 20, 29, 34, 35, 46, 48, 49, 51, 52, 60, 100, 102, 124, 129, 181, 204, 244, 256, 257, 259, 284, 289

CITY CLERK

actions taken by Mayor on various papers: 2, 3, 12, 18, 27, 50, 92, 101, 121, 147, 148, 200, 209, 232, 246, 257, 274, 285, 298

Chariest own Urban Renewal Area, 218

City Registrar, 199

Franklin Park Apartments Project, 12

jitney license holders, 14

McLaughlin, Councillor Brian J., 6

Narine, Edmund, 233

Old Colony Railroad Rehabilitation Project, 199

121A applications:

B'nai B'rith Senior Citizens Housing Corporation, 291

Back Bay Manor, 121

Dudley Neighbors, Inc., 109

Intervale-Magnolia Apartments, 27

Olmsted Plaza, 284

Prudential Center, 231

Woodledge Apartments, 27

revolving fund, 130, 145

Rule 20, 306

School-Franklin Urban Renewal Area, 218

Section 123 of Chapter 138 of Acts of 1991, 284

39 & 41 Princeton Street, East Boston, 93, 114

CITY COUNCIL

members:

Boiling, Bruce C.

Byrne, James E.

Hennigan Casey, Maura A.

Iannella, Christopher A.

Kelly, James M.

McCormack, Michael J.

McLaughlin, Brian J.

Menino, Thomas M.

O'Neil, Albert L.

Salerno, Rosaria

Scondras, David

Travaglini, Robert E.

Yancey, Charles C.

approving petition for special law re:

an Act concering the power of the City of Boston to establish policies on continued occupancy, ceiling rents, exclusions from income, and transfers for the Boston Housing Author- ity, 226

hearings:

Boston-State Retirement System, 250

orders:

Colley, Christine, 1

City Council, Continued

Council-controlled rooms, 35

Hurley, Police Officer Jeremiah J. Jr., 274

Long Island Hospital, 81

Superior Court No. 91-2041D decision, 1 1 1

supplemental military pay, 1

temporary employees: (1)3, (2) 8, (1)9, (1)13, (6)29, (2)34, (1)35, (1)36, (51)52, (1)66, (1)67, (1)84, (1)93, (1)94, (3)101, (4)124, (1)131, (2)132, (10)141, (11)142, (57)158, (1)159, (1)172, (3)177, (3)180, (2)185. (2)206, (1)215, (3)226, (4)235, (5)236, (53)241, (2)258, (3)278, (2)285, (5)287, (7)288, (3)293, (7)303, (3)304, (2)306, (52)307

ordinances:

amending CBC, Ordinances, Chapter XVI "Prohibitions, penalties, and permits" and certain sections of Chapter 11, XIV and XVII, 219, 229

amending CBC, Ordinances, Chapter 19, forbidding posses- sion of certain dangerous weapons in schoolhouses and in City Hall, 307

concering registration of commercial bicycle services and li- censing of commercial messengers, 2. 69

designating the Chief Procurement Officer of the City of Boston, 28, 34

governing financial eligibility, ceiling and maximum rents, ex- clusions and transfer policies of Boston Housing Authority, 211

prohibiting manufacture, design or sale of execution machin- ery within city, 176

resolves:

Middle East resolution, 11, 27, 33

Persian Gulf War, 26, 50

Superintendent's contract, 112'

consent agenda:

Adduci, Joanne, 253

Boiling, Bruce C, 312

Cataldo, Judith, 253

Costa Rican visitors, 15

Davis, Robert, 36

Dickerson, Patrolman Charles L. Sr., 253

Egan, Leo J., 114

Ferko, Virginia, 312

Graubart, Bruce, 253

Hannan, Robert, 227

Hilchey, Maureen, R.N., 253

Kennedy, James F., 253

Levesque, Jeanne, 312

Long, Andrea, 312

McCormack, Michael J., 312

McDonald, Robert J., 3

Mission Hill Summer Program, 278

Mulligan, Joseph (Corporation Counsel), 305

Neville, Robert G., 253

Peterson, Kevin, 312

Telloni, Anthony, 312

Woodson, Brooke, 312

special meetings:

April 17, 85

CLARKE, ERROL

honoring, 36

CODMAN SQUARE HOUSING DEVELOPMENT CORPORA TION

honoring, 253

COLLECTOR-TREASURER

approval of constables bonds: (1)1, (1)27, (48)233, (55)238

(32)246, (19)257, (9)266, (2)274, (1)284, (1)290, (1)298 Cofield, Dorothy E., 2 direct deposit for city employees, 41 "dog" ordinance, 179, 191 dogs, 41

Prudential Insurance Company, 232 refunding bonds, $20,000,000, 116, 126

COLLOTTA, DEAN honoring, 36

COLUCCI, JAMIE

(9)

DEYA, TINTI

COLUCCI, JAMIE

honoring, 159

COLWELL, PETER GLENN

honoring, 242

COMBITE PATRIOTIQUE DE LA DIASPORA HAITIENNE honoring, 125

COMMERCE AND TRANSPORTATION, COMMITTEE ON members: Couns. Travaglini (Chairman), McCormack,

McLaughlin, Salerno, Yancey committee reports: 50, 61, 121, 156, 213, 266, 291, 292 hearings:

Central Artery/Third Harbor Tunnel Project, 95 fire control system, 7 911 calls, 20

second-mortgage companies, 113, 133 towing procedures, 7 matters referred: 7, 18, 20, 34, 38, 48, 95, 113, 116, 127,

176, 204, 227, 238, 246, 258, 274, 282, 283 MBTA fare increase, 226 petitions for license to operate: Deacon Transportation, Inc., d/b/a Old Town Trolley Tours of

Boston, 48, 121 New England Livery Service LTD, 176 Paul Revere Transportation Company, 176 Louis A. Shuman d/b/a PAN, 238, 266, 279 Spence Transportation, Inc., 18, 50

COMMERCIAL AREA REVITALIZATION DISTRICTS

Kenmore Square, 284

COMMUNITIES AND DEVELOPMENT, EXECUTIVE OF- FICE OF

honoring, 253

COMMUNITY DEVELOPMENT ACTION GRANT Olmsted Plaza Project, $1,000,000, 73 Stonecrest Village, $244,418, 183, 203

COMMUNITY DEVELOPMENT BLOCK GRANT Year XVII, $19,192,000, 91, 115, 122, 139

COMMUNITY INVESTMENT AND BANKING, SPECIAL COMMITTEE ON members: Couns. Menino (Chairman), Byrne, McLaughlin hearings:

Boston banking community, 131 financial institutions, 130, 173 Home Mortgage Disclosure Act, 268 mortgage lending abuses, 125 small businesses, 59 matters referred: 125, 131, 269

CONNELLY-STEELE, DOROTHY honoring, 61

CONSTABLES appointments: 17, 119, 199, 207, 217, 226, 230, 231 approval of constables bonds: (1)1, (1)27, (48)233, (55)238,

(32)246, (19)257, (9)266, (2)274, (1)284, (1)290, (1)298 housing inspectors, 64, 203

CONTE, CONGRESSMAN SILVIO adjournment in memory of, 30

CONWAY, SISTER ESTELLE

honoring, 133

COOPER, EDWARD L. SR. honoring, 182

COSTA, ALBERT AND JOSEPHINA

honoring, 21, 253

COTTON CLUB honoring, 295

COUNCIL RULES AND ADMINISTRATION, COMMITTEE ON

members: Couns. Iannella (Chairman), Kelly, Menino matters referred: 13, 48

COUTURE, AL

honoring, 242

CRIME STATISTICS

for specific period: 17, 18, 26, 27, 47, 48, 65, 74, 92, 100, 121, 138, 147, 175, 199, 209, 217, 231, 246, 273, 274, 290, 297, 305

CRIMINAL JUSTICE, MASSACHUSETTS COMMITTEE ON

grants:

$49,000, 281, 307

CROOK, BEVERLY ANN DANCY honoring, 133

CROSS, TIM

honoring, 114

CUMMINGS, BISHOP FRANK CURTIS

honoring, 36

CUMMINGS, TOM AND SHEILA

honoring, 96

CURRAN, GEORGE

honoring, 43

CURRY, JACK

honoring, 15, 27

DALE, SALLY honoring, 258

DALEY, MARGARET

honoring, 61

DANIELS, JOHN honoring, 143

DAVILA, ISMAEL

honoring, 97

DAVIS, ROBERT

honoring, 36

DAVIS, TOM

honoring, 236

DEATHS Beauford, PFC Willis, Jr., 182 Buccacio, Salvatore A., 208 Conte, Congressman Silvio, 30 Feeney, Michael Paul, 215 Gross, Alfred, 82 Hurley, Jeremiah J. Jr., 278 Jeter, Eddie Jr., 242 Ridlon, Police Officer John, 258

DEDHAM HILTON

honoring, 61

DEL CONTE, LAURA

honoring, 208

"RICHARD DENNIS DAY"

declaring, 61

DeSTEFANO, ANTHONY RICHARD honoring, 61

DEYA, TINTI honoring, 97

DEZSO, JULIANNE

(10)

FIRE DEPARTMENT

DEZSO, JULIANNE honoring, 125

"CARLOS DIAZ DAY"

declaring, 312

DiCILLIO, RAYMOND

honoring, 258

DICKERSON, PATROLMAN CHARLES L. SR. honoring, 253

DICKERSON, RICHARD MARSHALL

honoring, 133

DILLAWAY THOMAS HOUSE grant, 183, 207

DINKINS, DAVID N. honoring, 97

DAVID DIXON AND ASSOCIATES honoring, 242

DONOVAN, MR. AND MRS. JOHN J. honoring, 312

DRAISEN, SAM AND TILLY honoring, 159

DREHER FAMILY

honoring, 182

DUDLEY, DR. JULIUS WAYNE honoring, 182

DUFFY, THOMAS P.

honoring, 84

DUNN, MARTHA

honoring, 278

DUNTCN, RUPERT honoring, 36

DYKENS, JEANESE

honoring, 125

EARLE, JOSEPHINE honoring, 242

EARLY, CONGRESSMAN JOSEPH D. communication from, 6

EFRATI, TAVIA

honoring, 125

EGAN, LEO J. honoring, 114

EGAN, PATRICIA honoring, 312

EISENHOWER, MILTON, FOUNDATION grant from, 195, 240

ELDERLY AFFAIRS COMMISSION grants:

Administration on Aging, $25,000, 281, 292 Area Agency on Aging, $327,905, 237, 292 'Council on Aging Formula Grant', $204,074, 237, 292 "First Night", $1,000, 5, 155 private organizations and trusts, $100,000, 127, 156 Retired Senior Volunteer Program, $2,799, 174, 239, $73,

238, 292 Retired Senior Volunteer Supplement Program, $9,140,

239

119, 174,

Elderly Affairs Commission, Continued

Senior Aides Program, $408,710, 175, 239 Senior Companion Program, $6,577, 174, 239,

$132,405, 238, 292, $2,000, 259 Senior Companion Supplement Program, $25,144, 174, 239

ELDERLY, SPECIAL COMMITTEE ON

members: Couns. Kelly (Chairman), Scondras, Travaglini committee reports: 155, 156, 239, 269, 292 hearings:

principal compliance monitor, 185 second mortgage scams, 110

matters referred: 5, 110, 127, 157, 174, 175, 185, 237, 238, 281

ELECTION DEPARTMENT

voter registration (ATREVETE), 177, 240

ELLIS, DENISE

honoring, 125

"ENGLISH PLUS MONTH" declaring, 271

ENVIRONMENT AND PUBLIC WORKS, COMMITTEE ON

members: Couns. Bryne (Chairman), Hennigan Casey, O'Neil,

Scondras, Yancey committee reports: 18, 38, 114, 200, 201, 202, 203 matters referred: 5, 9, 31, 93, 123, 135, 161, 162, 163, 164,

165, 166, 249, 262, 263, 264, 265, 282, 297

ENVIRONMENTAL PROTECTION WATERWAYS REGULA- TION PROGRAM notice from, 2, 74, 147, 265, 298

EQUITY, SPECIAL COMMITTEE ON

members: Couns. Hennigan Casey (Chairperson), O'Neil, Yan- cey matters referred: 57

F.I.R.S.T., INC.

honoring, 133

FAMILY AWARENESS PROGRAM GRADUATES honoring, 61

FARRIS, PAT

honoring, 61

FAVORITO, MARIA AND PHILLIP

honoring, 189

FEDERAL HIGHWAY ADMINISTRATION

grant, 245, 291

FEDERAL RESERVE BANK

public hearing, 159

FEENEY, MICHAEL PAUL ajournment for, 215

FENWAY MIDDLE COLLEGE HIGH SCHOOL, STAFF AND STUDENTS

honoring, 61

FERKO, VmGINIA

honoring, 312

FERNANDES, LEAO C. honoring, 133

FERRINO, DR. PETER J. honoring, 68

FIGUEROA, PANCHO

honoring, 97

FIRE DEPARTMENT

FIRE DEPARTMENT

(11)

GRANTS

Fire Department, Continued

Commissioner appointed, 2

grants:

compressed air foam systems, $40,000, 209

honoring retirees, 84

Neponset Avenue fire station, 12

FLAHERTY, MICHAEL F.

honoring, 61

FLANAGAN, JOSEPH F.

honoring, 133

FLORES, JUAN AND MARY

honoring, 312

FOLGELBERG, MIKE

honoring, 133

FOLEY, GRACE honoring, 242

FOLEY, PATRICIA A.

honoring, 15

FRANK, ELSffi honoring, 278

FROST, JACK honoring, 21

FUNG, MARGARET honoring, 68

"ANGELO FURNARI DAY"

honoring, 125

GALLIVAN COMMUNITY CENTER

person involved with, 43

GANTT, HARVEY honoring, 97

GARCIA, NEFTALI

honoring, 97

GAUL, GORDON honoring, 114

GEARY, JACK

honoring, 9

GEHRET, BOB

honoring, 258

GENDROLIS, PAUL

honoring, 271

GENOVESE, EMANUEL honoring, 182

GEOURNTAS, CHARLES G. honoring, 236

GERBER, ETTA

honoring, 104

GIANAGREGORIO, MARY AND ARTHUR

honoring, 253

GIANNASOLI, MICHAEL honoring, 271

GD3SON, LEONARD C. honoring, 36

GDLBERTO, STEVE AND ANNE honoring, 189

GIORDANO, ANTHONY AND ANTONETTA honoring, 288

"GIUSEPPE GARIBALDI", CREW OF

honoring, 208

GOLDEN APPLE AWARD RECIPBENTS

honoring, 84

GONCALVES, DENNIS honoring, 253

GOODNIGHT, PAUL honoring, 182

GORDON, ROBERT G. honoring, 295

GOSPEL HI LITES

honoring, 61

GOUGH, AGNES L. honoring, 21

GOVERNMENT OPERATIONS, COMMITTEE ON

members: Couns. McLaughlin (Chairman), Byrne, Hennigan Ca- sey, Menino, Yancey

committee reports: 28, 34, 176, 186, 188, 203, 219, 240, 268, 293

hearings:

Police Department employees, 179, 188

polling locations, 253, 268

matters referred: 14, 28, 42, 64, 76, 103, 112, 113, 120, 179, 181, 207, 227, 234, 253, 268, 273, 284, 301, 302

GRAHAM, EILEEN McLEAN honoring, 125

GRANTS Administration on Aging, $25,000, 281, 292 Area Agency on Aging, $327,905, 237, 292 "Boston Against Drugs", $660,250, 6, 32, 50; $475,000, 259,

292 Boston Fair Housing Commission, $27,250, 195, 240 Boston Public Schools, $5,884,371, 20 CDBG, YEAR XVII, $19,192,000, 91, 115, 122, 139 Central Artery/Tunnel Project (DPW), $972,000, 8, 18;

$355,000, 282 'Councils on Aging Formula Grant', $204,074, 237, 292 Criminal Justice, Massachusetts Committee on, $49,000, 281,

307 Dillaway Thomas House, $2,434,618 (increased to) $2,649,888,

183, 207 Downtown Boston Transportation System, $1,000,000, 245,

291 Milton S. Eisenhower Foundation (and Boston Police Depart- ment), $200,000, 195, 240 Elderly Affairs Commission, $100,000, 127, 156 Emergency Shelter Grant (HUD), $442,000, 31, 39, 73, 103 Equal Education Opportunity Grant, $5,884,371, 259, 285 Fire Department, $40,000, 209 "First Night", $1,000, 5, 155

Massachusetts Governor's Safety Bureau, $22,000, 282, 291 Metropolitan Boston Housing Opportunity Clearing House,

$325,000, 195, 240 National Highway Traffic Safety Administration, $30,000,

281, 291 Neighborhood Housing Trust, $753,209.39, 63, 149;

$2,188,815.90, 63, 149; $4,129,161.63, 63, 149 Olmsted Plaza Project, $1,000,000, 73, 93 Personnel Management Office, $35,000, 175, 207 Prudential Insurance Co. (traffic), $35,000, 282, 292 Rental Rehabilitation Funds, $556,000, 91, 115, 122 Retired Senior Volunteer Program, $2,799, 174, 239; $73,119,

238, 292 ■ Retired Senior Volunteer Supplement Program, $9,140, 174,

239

GRANTS

(12)

HENNIGAN CASEY, MAURA A.

Grants, Continued

Senior Aides Program, $408,710, 175, 239

Senior Companion Program, $6,577, 174, 239; $132,405, 238,

292; $2,000, 259 Senior Companion Supplement Program, $25,144, 174, 239 South Street, Jamaica Plain (MBTA), $238,600, 31, 38 Stonecrest Village, $244,418, 183, 203 Suffolk County Jail, $135,575, 145, 200; $425,000, 146, 200;

$93,031, 146, 200 Summer Youth Cleanup Campaign, $900,000, 166 Summer Youth Employment Program, $1,000,000, 184 U.S. Urban Mass Transit Administration, $220,000, 116, 156 Urban Park and Recreation Recovery Program Rehabilitation

Grant, $250,000, 15, 155 War Against Drugs, $825,000, 31, 38 Winthrop Playground, $250,000, 46

GRAUBART, BRUCE honoring, 253

GRAVES, DR. JOHN R.

honoring, 159

GRAVES, MICHAEL honoring, 133

GREATER BOSTON RENAISSANCE LODGE, ORDER OF SONS OF ITALY IN AMERICA, MEMBERS

honoring, 84

GREATER LOVE TABERNACLE CHURCH OF GOD IN CHRIST

honoring, 288

GREEN, SHIRLEY M. communication from, 147

GRIFFIN, MARY T.

honoring, 143

GROSS, ALFRED sympathy on death of, 82

GUERARD, BILL

honoring, 189

GUINA, BRIAN S. honoring, 84

GUN AMNESTY WEEK

declaring, 109

GUSCOTT, KENNETH I. honoring, 114, 182

H.R. NO. 1

supporting, 111

H.R. NO. 1552

urging passage of, 252

HOPE (HISPANIC OFFICE OF PLANNING AND EVALUATION, INC.) honoring, 304

HAMLETT, FRED honoring, 208

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY

honoring, 30

HANI, CHRIS

honoring, 84

HANNAN, ROBERT honoring, 227

HARBOR ELECTRIC ENERGY COMPANY

bonds, 136, 200

HARRIGAN, FRANCIS W, JR.

honoring, 9

HARRINGTON, WILLIAM D.

honoring, 288

HARRIS, JULIA

honoring, 125

HARRIS, ROGER F. honoring, 159

HARRISON-JONES, DR. LOIS honoring, 236

HARSHBARGER, ATTORNEY GENERAL SCOTT

communication from, 147, 233 resolution 227, 233

HARVARD UNIVERSITY

financing, 283

HASSAN TENANTS ADVISORY COUNCIL/SENIOR CITIZENS CLUB

persons serving, 133

HAYES, CHRISTINE honoring, 61

HAYES, MRS. MARIE

honoring, 242

HAYNES, C. VINCENT AND MILDRED E. honoring, 253

HEALTH AND HOSPITALS DEPARTMENT

loans: $17,665,000, 23. 39, 50; $1,280,000, 25, 40, 50 Long Island Hospital, 81, 99

HEALTH AND HUMAN SERVICES DEPARTMENT

grants:

"Boston Against Drugs", $660,250, 6, 32. 50; $475,000, 259, 292

HENDERSON, CURTIS

honoring, 133

HENNESSEY, ALICE AND WILLIAM

adjournment for, 271

HENNESSEY, MRS. ANN honoring, 96

HENNIGAN CASEY, MAURA A.

committee appointments: Arts and Humanities, City and Neigh- borhood Services, Environment and Public Works, Government Operations, Planning and Development, Equity (Chairperson), Youth Services, Whole

approving petition for special law re:

"boom boxes" seized, 181, 188

license renewals, 294

hearings:

construction and repair projects, 59, 266

polling locations, 253, 268

orders:

Annunciation Church carnival, 102

"dog" ordinance, 179, 191

Jamaica Plain traffic light, 96

Registry of Motor Vehicles, 194

school buses, 104, 149

ordinances:

re seizure of amplication or sound producing equipment when1 causing noise violation, 177, 186, 192

regarding unreasonable or excessive noise, 193

resolves:

dogs, 41

Washington Street reconstruction, 243

HENNIGAN CASEY, MAURA A.

(13)

HURLEY, JEREMIAH J., JR.

Hennigan Casey, Maura A., Continued

consent agenda:

Au Bon Pain, 271

Bradley, Mayor Mary, 271

Brannelly, Patrick J., 159

Brannelly, Paul J., 159

Cahn, Marjorie, 125

Cesaretti, Captain Roberto, 208

Cimino, Joseph, 143

Collotta, Dean, 36

Daniels, John, 143

"Carlos Diaz Day", 312

"Giuseppe Garibaldi", Crew of, 208

Greater Boston Renaissance Lodge, Order of Sons of Italy in Italy, members, 84

Griffin, Mary T., 143

Kayyal, Issa, 143

Lanchester, PFC Wayne, 84

Lane, Thomas J., 143

Leahy, Mayor Michael, 271

Ledbetter, Paul, 96 1 Leonard, James D., 114 i Levitsky, Arthur, 312

Mardirosian, Brian M., 159

McCourt, Michelle Cote Barri, 159

McGrath, Mary E., 143

Morris, Mary Joyce, 84

Mulvey, Thomas and Julia, 125

Mulvey, Thomas F. Sr., 125 l Ponzone, Salvatore, 159 i Robishaw, Timothy, 159 l Rush, Michael E, 159

• Shah, Brinda V., 143

• Storey, Sandra,

1 Sullivan, John P., 3 I Walsh, Joseph E., 182 I White, Maurice, 159 I Wright, Angela, 143

HCKEY, ANDREW F.

I honoring, 133

nCKEY, THOMAS MICHAEL

• honoring, 61

DGGINBOTTOM, JOHN J.

honoring, 208

HGGINS, DENISE honoring, 61

'JOE AND RITA HIGGINS DAY"

l declaring, 30

HGGINS, SISTER MARGARET

I honoring, 133

ULCHEY, MAUREEN, R.N. honoring, 253

nSPANIC COLLEGE FAIR SCHOLARSHIP COMMITTEE

honoring, 236

IOLLAND, JOYCE

honoring, 97

IOLMES, DANIEL h honoring, 68

IOLOCAUST VICTIMS

i adjournment in memory of, 76

10ME RULE PETITIONS

i approving petition for special law re: I amending Chapter 175 of General Laws, 180 H amending Chapter 190 of Acts of 1982, 180 B amending Chapter 231 of Acts of 1906, 113 an Act amending the City of Boston Bond and Minibond Pro- cedure Act of 1983, 68, 83

Home Rule Petitions, Continued

and Act concerning the power of the City of Boston to estab- lish policies on continued occupancy, ceiling rents, exclu- sions from income, and transfers for the Boston Housing Authority, 226

"boom boxes" seized, 181, 188

Boston Public Garden, 289

City Council vacancies, 111, 231, 250, 255

contract validation, 47, 65

Driscoll, Joseph, 122

elderly/handicapped housing, 158

entertainment licensing, 76

excise tax collection, 157, 255

Lamartine Street, 244, 285

license renewals, 294

Licensing Board, 117, 301

MDC parkland transfer, 256

malt beverages, 302

Marliave Restaurant, 302

materials recovery facility, 240

McCormack, Richard M., 257

Murphy, Paul, 257

Nambia, 140, 210, 230, 248

nomination sheets, 118

Oak Square VFW Post 2022, 1 1 1

134 Thornton Street, 243

parkland sale, 137

pension lUr

"1/1/1 T^S

133

Police/Fire Department appointments, 109,

Property and Planning Department, 301

reorganizing the School Committee of the City of Boston, 5 1 ,

58, 74, 218, 219

HORTON, ANNIE E. will of, 46

HOUSE BILL NO. 2086 endorsing, 207

HOUSING AND URBAN DEVELOPMENT, DEPART- MENT OF grants:

Boston Fair Housing Commission, $27,250, 195, 240 CDBG, Year XVII, $19,192,000, 91, 115, 122, 139 Emergency Shelter Grant, $442,000, 31, 39, 73, 103 Metropolitan Boston Housing Opportunity Clearing House,

$325,000, 195, 240 Rental Rehabilitation Funds, $556,000. 91, 115, 122

HOUSING, COMMITTEE ON members: Couns. Byrne (Chairman), Boiling, Kelly, McCor- mack, McLaughlin committee reports: 132, 211, 240 hearings:

condominiums, 286 rent subsidies, 34

matters referred: 3, 34, 48, 64, 81, 101, 102, 128, 133, 186, 195, 196, 233, 265, 284, 286

HOUSTON, AMANDA V. honoring, 125

HOWELL, "THE HONORABLE" LINDA

honoring, 125

HUGHES, REVEREND CONLEY H. JR.

honoring, 271

HUMAN RIGHTS CHARITABLE FOUNDATION'S AIDS PROJECT WORKERS

honoring, 84

HUNGRY AND HOMELESS, SPECIAL COMMITTEE ON

members: Couns. O'Neil (Chairman), Menino, Travaglini committee reports: 39 matters referred: 32, 74

HURLEY, JEREMIAH J. JR. adjournment in memory of, 278

HUTCHINSON, MARY A.

(14)

INTERGOVERNMENTAL RELATIONS, SPECIAL COMMITTEE ON

HUTCHINSON, MARY A. honoring, 133

HYDRO ENVIRONMENTAL TECHNOLOGIES, INC.

communication from, 233

HYNES, JOHN P.

honoring, 61

IANNELLA, CHRISTOPHER A.

committee appointments: Council Rules and Administration (Chairman), Whole, (Chairman)

committee reports: Whole: 111, 126, 291

elected President, 1

hearings:

Long Island Hospital, 51

orders:

City Council offices audited, 13

Holocaust victims, 76

Hurley, Police Officer Jeremiah J. Jr., 274

Martin Luther King holiday observed, 3

Long Island Hospital, 66

MBTA fare increase, 176

November 5 election, 268

Old South Association, 13

Old West Church, 249

permanent rules adopted, 1

Redistricting Committee created, 129

revolving fund, 130

Rule 20, 306

Rule 28 amended, 6

Section 90G 3/4 of Chapter 32 of G.L., 93

tax exemptions, 286, 291

temporary employees: (1)3, (2)8, (1)9, (1)13, (6)29, (2)34, (1)35, (1)36, (51)52, (1)66, (1)67, (1)84, (1)93, (1)94, (3)101, (4)124, (1)131, (2)132, (10)141, (11)142, (57)158, (1)159, (1)172, (3)177, (3)180, (2)185, (2)206, (1)215, (3)226, (4)235, (5)236, (53)241, (2)258, (3)278, (2)285, (5)287, (7)288, (3)293, (7)303, (3)304, (2)306, (52)307

ordinances:

amending the Residency Requirement Ordinance, 6

relative to standing motor vehicles, 257

resolves:

Mulligan, Joseph (Corporation Counsel), 305

sirens/emergency vehicles, 268

tax payments, 181, 192

consent agenda:

"Anthony A. Abruzzese Day", 68

Adduci, Joanne, 253

American Express Company, 258

Boiling, Bruce C, 312

"Breast Cancer Awareness Day", 271

"Alberto Casale Day", 288

"Joseph S. Cataldo Day", 125

Cataldo, Judith, 253

Cimino, Joseph, 133

Dickerson, Patrolman Charles L. Sr., 253

East Berkeley-Tremont-Shawmut parcel, 189

Ferko, Virginia, 312

"Angelo Furnari Day", 125

Golden Apple Award Recipients, 84

Graubart, Bruce, 253

Hannan, Robert, 227

Hennessey, Mrs. Ann, 96

"Joe and Rita Higgins Day", 30

Hilchey, Maureen, R.N., 253

Hurricane Bob debris, 227

Iraq's attacks on Israel, 15

"Jewish War Veterans of the United States Week", 133

"King Kamenhameha Day", 133

Kane, Agnes and William, 96

Kennedy, James F., 253

Levesque, Jeanne, 312

Lithuania, 21

Lithuania's Fight for Freedom, 9

Long, Andrea, 312

Manfredonia, Ann, 96

"Marom'te Days", 96

Iannella, Christopher A., Continued

"Phyllis F. Marsilia Day", 125

Massachusetts Asian-American Forum, 96

McBride, Coast Guard Commander John, 288

McCormack, Michael J., 312

McDonald, Robert J., 3

"Mount Saint Joseph Academy Day", 68

Neville, Robert G., 253

"New England Conservatory Youth Philharmonic Orchestra

Day", 96 "Norton Family Plaza", 227 O'Halloran, Louis R., 278 "POW-MIA Recognition Day", 242 Peterson, Kevin, 312 73rd Anniversary of proclamation of a free and sovereign

Ukrainian National Republic, 9 Sexton, Frederick L., 9 Telloni, Anthony, 312 "John Vozzella Day", 159 Watson, Frederick J., 9 Woodson, Brooke, 312 Wright, Angela, 133 "Write for your rights day— 1991", 125 Zionist Organization of America, New England Chapter, 84

INDUSTRIAL ACCIDENTS, STATE DEPARTMENT OF

grants:

Personnel Management Office, $35,000, 175

INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY Beth Israel Hospital, Brigham and Women's Hospital, Har

vard University, 283 New England College, 199 United Way of Massachusetts Bay, Inc., 218

INFORMATION RE

BHA Voluntary Compliance Agreement, 139

Blue Cross, 42, 47

Boston banks, 131, 279

city departments, 28, 279

city vehicles, 13, 33

default warrants, 78, 273

Election Commission, 235, 246

employees' paychecks, 300

Endicott School, 286

40-42 Orchard Street, 58

44 Hobart Street, 7, 26

furniture purchases, 13, 33

Health and Hospitals Board of Trustees, 292

Inspectional Services Department, 19, 92. 257, 312

Lackland, Nathaniel, 139

145-149 Kelton St., 14, 26

1192-1198 Commonwealth Avenue, 28

photocopying services, 122, 127

Police cadet exam, 76, 120

Police Department, 53, 120

printing contracts, 93, 138

34 Pratt Street, 18. 32

youth population, 94

INSPECTIONAL SERVICES DEPARTMENT

employees honored, 30 housing inspectors appointed, 64, 203 information re, 19, 92, 257, 312 South Boston structures, 233 266-270 East Eighth Street, 204 workers, 93

ISSACSON, MILLER, GILVAR AND BOWLWARE ESC. honoring, 104

INTERGOVERNMENTAL RELATIONS, SPECIAL COMMIT TEE ON members: Couns. Yancey (Chairman), Byrne, Salerno committee reports: 210, 248 hearings:

Federal spending priorities, 20 Social Security benefits, 156 matters referred: 20, 140, 141, 230, 286

INTERIOR, UNITED STATES DEPARTMENT OF

(15)

KELLY, JAMES M.

INTERIOR, UNITED STATES DEPARTMENT OF

grants:

Winthrop Playground, $250,000, 46

INTERNATIONAL ASSOCIATION OF LESBIAN/GAY PRIDE COORDINATORS

honoring, 253

INVOCATIONS Alberts, Reverend William, 99 Barry, Reverend William, 217 Borders, Reverend John, 145 Campbell, Reverend Marlyne, 127 Coyne, Reverend Ronald, 69 Davis, Reverend Charlotte, 237 DeAmato, Reverend Norbert, 183, 209, 273 Duval, Reverend Thomas, 31 Figilia, Reverend Sidney J., 259 Francis, Reverend William, 87 Groden, Reverend Michael, 1 Hegarty, Reverend Daniel P., 173, 229 Hennessey, Sister Mary, 11 Hines, Reverend Francis, 37 Krastel, Reverend Joseph, 255 Lahoud, Monsignor Joseph, 45, 243 McLaughlin, Reverend Bernard, 191 McPherson, Reverend William, 305 Quinn, Reverend Robert F., 17 Rivers, Reverend Eugene, 289 Rothwell, Reverend Joseph, 63 Scovel, Reverend Carl, 115 Thomas, Reverend Susie, 135 Vartzelis, Reverend George D., 23 Vinson, Reverend Anthony, 297

KIRVINE, NERVA honoring, 36

ISRAELI, NURIT I honoring, 125

JACKSON, STEPHANIE

honoring, 182

JACKSON, TOM

I honoring, 288

JENKINS, CLARA ANDERSON

honoring, 208

JETER, EDDIE JR.

adjournment in memory of, 242 sympathy on death of, 242

'JEWISH WAR VETERANS OF THE UNITED STATES WEEK" declaring, 133

JITNEY LICENSES

petitions for license to operate:

Deacon Transportation, Inc. d/b/a Old Town Trolley Tours of Boston, 48, 121

New England Livery Service LTD., 176

Paul Revere Transportation Company, 176 I Louis A. Shuman d/b/a PAN, 238, 266, 279 i Spence Transportation, 18, 50

JOHN, REVEREND FITZ ALLEN I honoring, 271

UOHNSON, ROBERT li honoring, 61

JONES, JENNIFER A.

' honoring, 133

JONES, WILLIAM honoring, 253

JORDAN, DEBORAH P.

honoring, 97

"OSWALD JORDAN WEEK" declaring, 288

JOSEPH, SEBASTIAN AND ROSE honoring, 125

JOSEPHSON, JULIE ANN honoring, 133

JOSLIN, SANTA honoring, 271

"KING KAMENHAMEHA DAY" declaring, 133

KANE, AGNES AND WILLIAM

honoring, 96

KANE, ELLEN

honoring, 253

KAYYAL, ISSA

honoring, 143

KEATING, RIGHT REVEREND JAMES J.

honoring, 125

KELLEY, REVEREND BRIAN SCOTT

honoring, 125

KELLEY, CHARLES AND NOREEN

honoring, 125

KELLY, ED

honoring, 61

KELLY, JAMES M.

committee appointments: City and Neighborhood Services (Chairman), Council Rules and Administration, Housing, Pub- lic Safety, Ways and Means, Elderly (Chairman), Substance Abuse (Chairman), Waste Management, Whole

committee reports:

City and Neighborhood Services: 3, 81, 155, 182, 266, 267, 268, 292

Elderly: 155, 156, 239, 269, 292

Substance Abuse: 6, 50, 240

approving petition for special law re:

excise tax collection, 157, 255

Marliave Restaurant, 302

hearings:

Boston Zoning Code, 34, 266

Code Enforcement Department, 52, 267

excise tax accounts, 102

excise taxes, 204

H.V.A.C. improvement project, 181

Harmony Clause Ordinance, 34, 266

Mohr, Jill, 299

printing contracts, 52

public works projects, 19

rent subsidies, 34

South End neighborhood, 124

information re:

BHA Voluntary Compliance Agreement, 139

Lackland, Nathaniel, 139

printing contracts, 93, 138

orders:

amendment to Chapter 34 of Ordinances of 1984, 185

"Boston Herald" investigation, 82

budget, 298

City Hall air quality, 140, 173

Council-controlled rooms, 35

43 Melrose Street Southerly, 35

Gross, Alfred, 82

heat regulation, 306

Hussein, Saddam, 14

KELLY, JAMES M.

(16)

LOANS

Kelly, James M., Continued

ordinances:

amending Chapter 34 of the Ordinances of 1984 as amended,

102 resolves:

flight path Runway 27, 205 266-270 East Eighth Street, 204 consent agenda: Boston Globe's policies, 293 Butler, Thomas J., 61 Connolly-Steele, Dorothy, 61 Daley, Margaret, 61 "Richard Dennis Day", 61 Duffy, Thomas P., 84 Egan, Leo J., 114 Flaherty, Michael E, 61 Geary, Jack, 9 Guina, Brian S., 84 Hayes, Christine, 61 Higgins, Denise, 61 Hynes, John R, 61 Johnson, Robert, 61 Kelly, Ed, 61 Larkin, Michael, 61 Lopez, Florence, 182 McColgan, Donald, 61 McGrath, Thomas, 61 Mornacy, George, 61 Nee, Martin, 61 O'Dwyer, Michael, 61 O'Neil, Noel P., 84 Parolin, Maureen, 61

South Boston Vietnam Memorial Committee, 236 Stapleton, Leo D., 84 Stoddard, Bill, 61 Sutera, Anna, 61 Thomas, Mark, 61 Valle, Joe, 61 Wailly, Victor, 242 Weaver, Lovvilla, 133

KENNEDY, SENATOR EDWARD M.

communication, 33, 50

KENNEDY, JAMES E honoring, 253

KENNEY, GEORGE W. honoring, 133

KERRY, SENATOR JOHN F.

communication from, 27

KHAZAN, JD3REEL honoring, 21

KISSLING, E. LORRAINE honoring, 288

KNIGHT, MARYCLAHtE honoring, 271

KNIPUS, ALBERT honoring, 258

KNOX, ROY honoring, 278

LaMAR, SALLY

honoring, 312

LANCHESTER, PFC WAYNE honoring, 84

LANE, BERNADETTE AND CHARLES honoring, 288

LANE, THOMAS J. honoring, 143

LANGONE, CLEMENTINA POTO

honoring, 271

LARKIN, MICHAEL

honoring, 61

"LAW DAY AT THE LAW DEPARTMENT" welcoming students to, 125

LAW DEPARTMENT Hurley, Police Officer Jeremiah J. Jr., 274 Long Island Hospital, 66, 81, 99 School Department spending, 6, 218

LEAHY, MAYOR MICHAEL

honoring, 271

LeBLANC, JOSEPHINE

honoring, 253

LEDBETTER, PAUL

honoring, 96

LEE, ALYCE

honoring, 253

LEE, SPIKE

Malcolm X, 43

LEE, WILLIAM E. honoring, 68

LEONARD, JAMES D.

honoring, 114

"LESBIAN AND GAY PRIDE DAY" declaring, 84

LEVESQjUE, JEANNE honoring, 312

LEVITSKY, ARTHUR

honoring, 312

LIBRARY DEPARTMENT appropriations: Eastern Regional Public Library: $98,738.24, 11; $92,240.79,

38; $189,737.24, 45; $284,395.41, 138; $202,563.16, 230;

$227,035.09, 280 Library of Last Recourse: $598,864.33, 45; $550,141.49, 100,

159; $530,460.99, 217, 298; $584,854.06, 280

LICEO DE HEREDIA, COSTA RICA DELEGATION welcoming, 15

LIMA, THOMAS

honoring, 253

LINCOLN, C. ERIC honoring, 3

LITHUANIA honoring, 21

LITHUANIA'S FIGHT FOR FREEDOM

honoring, 9

LOANS bridge construction, $1,445,000, 25, 40, 50 departmental equipment, various departments, $3,295,000,

24, 39, 50 Health and Hospitals Department, $17,665,000, 23, 39, 50;

$1,280,000, 25, 40, 50 Parks and Recreation Department buildings, $1,580,000, 23,

39, 50 Police Department buildings, $5,105,000, 24, 40, 50 Public Works Department buildings, $1,890,000, 24, 40, 50 recreational facilities, $4,415,000, 25, 40, 50

LOANS

(17)

MAYFIELD, GLORIA

Loans, Continued

School Department buildings, $5,105,000, 24, 39, 50 various buildings, $5,390,000, 23, 39, 50

LONG, ANDREA

honoring, 312

LONG ISLAND HOSPITAL

closing of, 50, 51, 66, 81, 99

LOPEZ, FLORENCE honoring, 182

LYCURGUS, TONY honoring, 295

MacMILLAN, DAWN honoring, 125

IMADER, KARL

honoring, 208

MADDEN, LIAM F. honoring, 215

MADONNA DEL SOCCORSO DI SCIACCA SOCIETY honoring, 215

"MALCOM X DAY"

declaring, 125

IMALLEN, CATHERINE honoring, 125

MANDAN, KAREN honoring, 208

MANFREDONIA, ANN honoring, 96

IMARDIROSIAN, BRIAN M.

honoring, 159

IMARKS, G. LOWELL honoring, 278

MARKS, ROSE

honoring, 114

MARLBORO-JOHANNA SISTER CITY EXCHANGE PROGRAM

honoring, 227

MARLIAVE RESTAURANT home rule petition re, 302

'MARONITE DAYS"

designating, 96

'PHYLLIS F. MARSILIA DAY"

honoring, 125

MASSACHUSETTS ASIAN- AMERICAN FORUM honoring, 96

IvIASSACHUSETTS ASSOCIATION OF MINORITY LAW

ENFORCEMENT OFFICERS, INC. I honoring, 104

IvIASSACHUSETTS BAY TRANSPORTATION AUTHORITY

I environmental notification forms, 11, 48, 121, 176, 209, 274

I fare increase, 130, 176, 191, 204, 213

: grants:

I U.S. Urban Mass Transit Administration, $220,000, 1 16, 156

Old Colony Railroad Rehabilitation Project, 199

Ziegler Street sale, 135

VIASSACHUSETTS COMMITTEE ON CRIMINAL JUSTICE grants:

Massachusetts Committee on Criminal Justice, Continued

War Against Drugs, $825 ^000, 31

MASSACHUSETTS, COMMONWEALTH OF

Department of Public Utilities:

hearings:

Aircall Northeast, Inc. /RAM Communication of Mass., 2

Boston Edison Company, 92, 128, 176

Boston Gas Company, 11

Burlington Telephone Company, 2

CO., Inc., 18

Coast International, Inc., 2

Coin Communications, Inc., 74

Contact Communications of Mass., Inc., 284

Deacon Transportation, Inc., d/b/a Old Town Trolley Tours of Boston, 184

DiSangro, Daniel, 218

Evant Cellular Communications, Inc., 11, 284

Flex Communications, 49

Franklin County Cellular, 18

Graphic Scanning Corp. d/b/a Digital Mobile Communica- tion, 274

Harbor Electric Energy Company, 92

Massachusetts Electric Company, 121, 274

Matrix Telecom, 18

New England Telephone and Telegraph Company, 33, 65, 101, 121

Southnet Corporation, 65

Spence Transportation Inc., 92

Springwich Cellular Limited Partnership, 74

Templeton, Inc., 121

Tri-State Radio Company, Inc., 238

Twixtel Technologies, Inc., 2

Value-Added Communications, Inc., 109

Wilson, Robert E., 109

World Wide Communications Limited Partnership, 49

Department of Public Works:

communication from, 33, 128, 176, 274

grants:

Central Artery/Tunnel Project, $972,000, 8, 18; $355,000, 282

South Street, Jamaica Plain, (MBTA), $238,600, 31, 38

Summer Youth Cleanup Campaign, $900,000, 166

loans:

$1,890,000, 24, 40, 50

New Dudley Street, Phase n, 101

MASSACHUSETTS COMMUNITY DEVELOPMENT NANCE CORPORATION honoring, 253

MASSACHUSETTS CONGRESSIONAL DELEGATION Hussein, Saddam, 14

MASSACHUSETTS GOVERNMENT LAND BANK

honoring, 253

MASSACHUSETTS HOUSING FINANCE AGENCY honoring, 253

MASSACHUSETTS WATER RESOURCES COMMISSION

notice from, 297

MASSPORT

resolution re, 286

MATTAPAN COMMUNITY HEALTH CENTER honoring, 125

MATTERA, CARMELA

honoring, 242, 253

MATTHEWS, DAPHNE AND LEONARD

honoring, 182

MAVROULES, CONGRESSMAN NICHOLAS communication from, 101

MAYFTELD, GLORIA

honoring, 15

FI-

MAYOR RAYMOND L. FLYNN

(18)

McCORMACK, MICHAEL J.

MAYOR RAYMOND L. FLYNN

absence from city: 1, 11, 93, 101, 109, 147, 184, 209, 233,

265, 284 appropriations:

Administrative Services Department, $450,000, 137, 184 appropriation and tax orders for fiscal year 1991-1992: 69,

87, 105, 148, 166, 168, 298, 302 City of Boston/Suffolk County, $4,343,682, 80, 123 Edward Ingersoll Browne Fund: various projects: $1,179,500, 3; $557,500, 289 Library Department: Eastern Regional Library: $98,738.24, 11; $92,240.79, 38;

$189, 737.24, 45; $284,395.41, 138; $202, 563.16, 230;

$277, 035.09, 280 Library of Last Recourse: $598,864.33, 45; $550,141.49, 100,

159; $530,460.99, 217, 298; $548,854.06, 280 Parkman Fund:

Boston Common, $750,000, 100, 182 Penal Institutions Department, $1,223,300, 79, 123 Registry of Deeds, $900,000, 137, 184 School Department, $4,000,000, 37, 104, 116, 148;

$374,000,000, 78, 113 Suffolk County Jail, $2,300,000, 137, 184 various projects, $1,179,500, 3 Winthrop Playground, $250,000, 46 approving petition for special law re:

an Act amending the City of Boston Bond and Minibond Pro- cedure Act of 1983, 68, 83 Boston Public Garden, 289 contract validation, 47, 65 Lamartine Street, 244, 285 Licensing Board, 117 MDC parkland transfer, 256 nomination sheets, 118 134 Thornston Street, 243 parkland sale, 137 pension funding, 244, 258 Police/Fire Department appointments, 109, 133 budget: appropriation and tax orders for fiscal year 1991-1992: 69,

87, 105, 148, 166, 168, 298, 302 commending, 83 Federal and State grants: Administration on Aging, $25,000, 281, 292 Area Agency on Aging, $327,905, 237, 292 "Boston Against Drugs", $660,250, 6, 32; $475,000, 259, 292 Boston Fair Housing Commission, $27,250, 195 Boston Public Schools, $5,884,371, 20 CDBG, Year XVII, $19,192,000, 91, 115, 139 Central Artery/Tunnel Project (DPW), $972,000, 8, 18;

$355,000, 282 Criminal Justice, Massachusetts Committee on, $49,000, 281,

307 'Councils on Aging Formula Grant', $204,074, 237, 292 Dillaway Thomas House, $2,434,618 (increased to) $2,649,888,

183, 207 Downtown Boston Transportation System, $1,000,000, 245,

291 Milton S. Eisenhower Foundation (and Boston Police Depart- ment), $200,000, 195, 240 Elderly Affairs Commission, $100,000, 127, 156 Emergency Shelter Grant (HUD), $442,000, 31, 39, 73, 103 Equal Education Opportunity Grant, $5,884,371, 259, 285 Fire Department, $40,000, 209 "First Night", $1,000, 5, 155

Massachusetts Governor's Safety Bureau, $22,000, 282, 291 Metropolitan Boston Housing Opportunity Clearing House,

$325,000, 195, 240 National Highway Traffic Safety Administration, $30,000,

281, 291 Neighborhood Housing Trust, $753,209.39, 63, 149;

$2,188,815.90, 63, 149; $4,129,161.63, 63, 149 Olmsted Plaza Project, $1,000,000, 73, 93 Personnel Management Office, $35,000, 175, 207 Prudential Insurance Co. (traffic), $35,000, 282, 292 Rental Rehabilitation Funds, $556,000, 91, 115 Retired Senior Volunteer Program, $2,799, 174, 239; $73,119,

238, 292

Mayor Raymond L. Fly nn. Continued

Retired Senior Volunteer Supplement Program, $9,140, 174,

239 Senior Aides Program, $408,710, 175, 239 Senior Companion Program, $6,577, 174, 239; $132,405, 238,

292; $2,000, 259 Senior Companion Supplement Program, $25,144, 174, 239 South Street, Jamaica Plain, (MBTA), $238,600, 31, 38 Stonecrest Village, $244,418, 183, 203 Suffolk County Jail, $135,575, 145, 200; $425,000, 146, 200;

$93,031, 146, 200 Summer Youth Cleanup Campaign, $900,000, 166 Summer Youth Employment Program, $1,000,000, 184 U.S. Urban Mass Transit Administration, $220,000, 1 16, 156 Urban Park and Recreation Recovery Program Rehabilitation

Grant, $250,000, 15, 155 War Against Drugs, $825,000, 31, 38 loans:

bridge construction, $1,445,000, 25, 40, 50 departmental equipment, various departments, $3,295,000,

24, 39, 50 Health and Hospitals Department, $17,665,000, 23, 39, 50;

$1,280,000, 25, 40, 50 Parks and Recreation Department buildings, $1,580,000, 23,

39, 50 Police Department buildings, $5,105,000, 24, 40, 50 Public Works Department buildings, $1,890,000, 24, 40, 50 recreational facilities, $4,415,000, 25, 40, 50 School Department buildings, $5,105,000. 24, 39, 50 various buildings, $5,390,000, 23, 39, 50 messages and communications: actions taken by Mayor on various papers: 2, 3, 12, 18, 27,

50, 92, 101, 121, 147, 148, 200, 209, 232, 246, 257, 274,

285, 298 City Council vacancies (home rule petition), 255 excise tax collection (home rule petition), 255 Fisheries and Wildlife funds, 177 orders:

abandoned vehicles, 38, 61 Boston Edison Company bonds, 136, 200 CBC Ordinances Section 5-5.4, 132 Commercial Area Revitalization Districts: Kenmore Square, 284 Annie E. Horton, $1,500, 46 Industrial Development projects: Beth Israel Hospital, Brigham and Women's Hospital, Har- I

vard University, 283 Long Island property, 280, 298 management/fiscal audits, 43 911 service, 256, 297 112 Southampton Street, 127 refunding bonds, $20,000,000, 116, 126 tax payments, 181, 192 ordinances:

amending Rental Housing Equity Ordinance, 80, 132, 149 establishing Office of Municipal Investigation, 196, 210, 247 further extending regulations established by ordinance with

respect to use of recombinant DNA technology, 145 removing restrictions on the nation of Nambia from ordi- nances applying to transactions involving South Africa, 229,

248 sales:

Lamartine Street, Roxbury, 213 Ziegler Street, 135 vetoes: 1, 37, 45, 99, 145, 173, 177, 183, 191, 192, 194, 229,

279

McBRIDE, COAST GUARD COMMANDER JOHN

memorializing, 288

McCarthy, charles h.

honoring, 3

McCOLGAN, DONALD honoring, 61

McCORMACK, MICHAEL J. committee appointments: City and Neighborhood Services, Commerce and Transportation, Public Education (Chairman),

IcCORMACK, MICHAEL J. (19)	MENTNO, THOMAS M.
cCormack, Michael J., Continued	VtcLaughlin, Brian J., Continued
Housing, Planning and Development (Chairman), Ways and	Neighborhood Housing Trust board designee, 6
Means, University-Community Relations, Youth Services	orders:
(Chairman), Whole	jitney license holders, 14
committee reports: Planning and Development: 12, 93, 200,	ordinances:
203, 218, 266, 285, 291, 298; Public Education: 74, 218, 219;	amending CBC, Ordinances, Chapters XIV, XVI, XVn, 251
Youth Services: 210, 219	resolves:
approving petition for special law re:	barrels installed, 234
Driscoll, Joseph, 122	consent agenda:
malt beverages, 302	Allston/Brighton Delegation at State House, 312
reorganizing the The School Committee of the City of Boston,	Brighton High School, 236
58	Fogelberg, Mike, 133
hearings:	Frost, Jack, 21
"Professional and Amateur Sports Protection Act", 185, 210	Gehret, Bob, 258
Suffolk County House of Correction, 96, 200	MacMillan, Dawn, 125
honoring, 312	McNamara House, 295
orders:
Curran, Alice, 293	Mcmullen, thomas Joseph
School Department spending, 6	honoring, 227
presentation to, 312
i resolves:	McNAMARA, DAN
consent agenda:	honoring, 30
Ambler, Gary and Evelyn, 288
Barry, Edward T., 104	McNAMARA HOUSE
Buccacio, Salvatore A., 208	honoring, 295
Davis, Robert, 36
Farris, Pat, 61	MENINO, THOMAS M.
Flores, Juan and Mary, 312	committee appointments: Arts and Humanities (Chairman),
1 Geourntas, Charles G., 236	Council Rules and Administration, Government Operations,
! Hickey, Andrew F., 133	Planning and Development, Public Education, Public Safety,
(Keating, Right Reverend James J., 125	Tourists and Tourism, Ways and Means (Chairman), Commu-
"Law Day at the Law Department", 125	nity Investment and Banking (Chairman), Hungry and Home-
"Professional and Amateur Sports Protection Act", 210	less, Neighborhood Crime Prevention, Public Health, Whole
!• Regan, Mary T., 288	committee reports: Ways and Means: 20, 39, 40, 65, 74, 83,
Wawkey, Mrs. Jean R., 30	104, 113, 123, 124, 148, 159, 166, 184, 225, 258, 285, 298
	approving petition for special law re:
IcCOURT, MICHELLE COTE BARRI	amending Chapter 175 of General Laws, 180
honoring, 159	amending Chapter 190 of Acts of 1982, 180
	amending Chapter 231 of Acts of 1906, 113
kfcDONALD, ROBERT J.	City Council vacancies, 111, 231, 250, 255
honoring, 3	condominiums, 286
	entertainment licensing, 76
klcGRATH, MARY E.	McCormack, Richard M., 257
Ii honoring, 143	Murphy, Paul, 257
	hearings:
IcGRATH, THOMAS	cost saving measures, 14
honoring, 61	health and life insurance plans, 65, 83
	mortgage lending abuses, 125
IcGLTRE, JEAN	neighborhood economic condition, 207
honoring, 312	1992 budget, 29, 34, 226
	school bus insurance, 294
tcINTYRE, MARJORIE A.	information re:
honoring, 208	city vehicles, 13, 33
	furniture purchases, 13, 33
(cINTYRE, ROSE	Police cadet exam, 76, 120
honoring, 278	orders:
	CBC Ordinances Section 5-5.4, 132
IcKENZIE, MILBERT "DOC"	Dickson, Harry Ellis, 132
honoring, 61	financial institutions, 130, 173
	Green, Frazior, 206
IcLAUGHLIN, BRIAN J.	Lovegrove, Robert, 206
committee appointments: Arts and Humanities, Commerce and	Rule 27 suspended, 93
Transportation, Government Operations (Chairman), Housing,	resolves:
Post Audit and Oversight, Ways and Means, Community In-	H.R. No. 1552, 252
vestment and Banking, University-Community Relations (Chair-	Hyde Park library, 268
man), Whole	Medicaid funding, 294
committee reports: Government Operations: 28, 34, 176, 186,	consent agenda:
188, 203, 219, 240, 268, 293; University-Community Rela-	Abbatangelo, John and Dora, 271
tions: 308	Barney, Kristina, 208
approving petition for special law re:	Boston Community Service, 271
>Oak Square VFW Post 2022, 1 1 1	Caulfield, John, 189
information re:	Conway, Sister Estelle, 133
140-42 Orchard Street, 58	Fenway Middle College High School, Staff and Students, 61
1-44 Hobart Street, 7, 26	Fung, Margaret, 68
Inspectional Services Department, 19, 92, 257	Gordon, Robert G., 295
145-149 Kelton St., 14, 26	Higgins, Sister Margaret, 133
1192-1198 Commonwealth Avenue, 28	Marks, Rose, 114
34 Pratt Street, 18, 32	Morrill, Barbara, 9

MENINO, THOMAS M.

(20)

"NORTON FAMILY PLAZA'

Menino, Thomas M., Continued

O'Connor, Leone, 133 "Norman L. Sadowsky Day", 68 Simon, Georgette, 133 Vertzelis, Reverend George D., 30

MESBAHI, ALIZA

honoring, 208

MILLER, FIRE CAPTAIN JOHN C. honoring, 271

MISSION HILL SUMMER PROGRAM honoring, 278

MITCHELL, SENATOR GEORGE J. communication from, 33

MONAHAN, MARYBETH honoring, 125

MONKS, DENISE honoring, 68

MONTANEZ, ILSIA honoring, 97

MORANCY, GEORGE

honoring, 61

MORIELLO, ERIC

honoring, 96

MORNING STAR BAPTIST CHURCH honoring, 61

MORRILL, BARBARA

honoring, 9

MORRIS, CALVIN honoring, 271

MORRIS, MARY JOYCE honoring, 84

MOST WORSHIPFUL HIRAM GRAND LODGE A.F. AND A.M., INC. honoring, 84

"MOUNT SAINT JOSEPH ACADEMY DAY" declaring, 68

MULFORD, DOROTHY honoring, 208

MULLIGAN, JOSEPH (CORPORATION COUNSEL) tribute to, 35

MULRAIN, LEON

honoring, 36

MULVEY, THOMAS AND JULIA honoring, 125

MULVEY, THOMAS F. SR. honoring, 125

MUMFORD, WILLIAM honoring, 208

MUNN, ELAINE FRANCES honoring, 133

MURPHY, EUGENE

honoring, 258

MURRAY, CATHERINE honoring, 288

MURRAY, MARIE

honoring, 182

MURRAY, RUTH AND WILLIAM

honoring, 253

"MY BROTHER'S KEEPER" honoring, 288

NARINE, EDMUND

resolution re, 227

NASTASI, MARY

honoring, 1, 89

NATIONAL EQUITY FUND/LOCAL INITIATIVES SUPPORT CORPORATION

honoring, 253

NATTIV, DOV

honoring, 125

NAVIDAD, RUTH

honoring, 288

NEE, MARTIN honoring, 61

NEIGHBORHOOD CRIME PREVENTION, SPECIAL COMMITTEE ON

members: Couns. O'Neil (Chairman), Menino, Yancey

NEIGHBORHOOD HOUSING TRUST

linkage funds for, 63

NEIL, JAMES honoring, 44

NEVILLE, ROBERT G. honoring, 253

NEW ENGLAND COLLEGE industrial development project, 199

"NEW ENGLAND CONSERVATORY YOUTH PHILHARMONIC ORCHESTERA DAY"

designating, 96

NEWCOMB, THOMAS honoring, 258

NORFOLK COUNTY COMMISSIONERS communication from, 246

NORQUIST, JOHN O.

honoring, 104

NORTH END ATHLETIC ASSOCIATION

honoring, 159

NORTH END BUSINESS ALLIANCE

honoring, 304

NORTH END COMMUNITY HEALTH CENTER honoring, 84

NORTH END PRIDE DAY (SECOND ANNUAL)

honoring, 208

NORTHWEST AIRLINES

honoring, 125

NORTON FAMILY

honoring, 271

"NORTON FAMILY PLAZA"

honoring, 227

3'BRIEN, PAUL

(21)

PARKMAN, GEORGE F., FUND

3'BRTEN, PAUL

honoring, 125

3'BRYANT, JOHN D. honoring, 312

D'BRYON, MARLON

honoring, 104

)'CONNOR, LEONE honoring, 133

3'DWYER, MICHAEL

honoring, 61

3'FLYNN, JOHANNA

honoring, 125

D'HALLORAN, LOUIS R. honoring, 278

)LD SOUTH ASSOCIATION managers elected, 13

)LLIVIERRE, FRANKLIN O. honoring, 36

TMARA, MICHAEL

I honoring, 271

21A APPLICATIONS

il B'nai B'rith Senior Citizens Housing Corporation, 291 Back Bay Manor, 121 Dudley Neighbors, Inc., 109 Intervale-Magnolia Apartments, 27 Olmsted Plaza, 284 Prudential Center, 231 Woodledge Apartments, 27

)'NEIL, ALBERT L. committee appointments: City and Neighborhood Services, En-

Planning and Development, Post Safety (Chairman), Tourists and Equity, Hungry and Homeless Crime Prevention (Chairman),

39; Public Safety:

vironment and Public Works Audit and Oversight, Public Tourism, Ways and Means, (Chairman), Neighborhood Whole committee reports: Hungry and Homeless 27, 38, 129, 200, 210, 247, 307 1 hearings: Long Island Hospital, 50, 65 towing procedures, 7 > information re: city departments, 28, 279 Health and Hospitals Board of Trustees, 292 orders:

City Hall Plaza permits, 12, 27, 37 Police Department inefficiency, 130 request for use of City Hall rooms, 13 Scordino, Anthony J., 204 ordinances:

establishing Office of Municipal Investigation, 247 presentation to, 297 I resolves:

' Persian Gulf personnel, 7 i consent agenda:

I Arnold, David M., 84 B Bertolon, Mary J., 15

II Boston Fire Department retirees, 84 Cain, Jess, 96

Caulfield, John, 182 Cummings, Tom and Sheila, 96 Curran, George, 43 Graves, Michael, 133 Henderson, Curtis, 133 Higginbottom, John J., 208 McMullin, Thomas Joseph, 227 Miller, Fire Captain John C, 271

O'Neil, Albert L., Continued

Moriello, Eric, 96

O'Shea, Richard, 133

Potito, Detective Mario, 96

Sandell, Edward, 133

Suffolk County House of Correction Officers, 125

Walsh, Mary Joyce, 96

O'NEIL, NOEL P.

honoring, 84

ORDINANCES

amending CBC, Ordinance 18-1.8, Hawker's and Peddler's License, 34

amending CBC, Ordinances, Chapters XIV, XVI, XVII, 251

amending CBC, Ordinances, Chapter XVI "Prohibitions, penalties and permits" and certain sections of Chapter 11, XIV, and XVII, 219, 229

amending CBC, Ordinances, Chapter 19, forbidding posses- sion of certain dangerous weapons in schoolhouses and in City Hall, 307

amending Chapter 34 of the Ordinances of 1984 as amended, 102

amending Rental Housing Equity Ordinance, 80, 132, 149

amending the Residency Requirement Ordinance, 6

concerning registration of commercial bicycle services and li- censing of commercial messengers, 269

concerning security for student housing, 274, 308

creating the Boston Citizen's Review Commission, 214

designating the Chief Procurement Officer of the City of Boston, 28, 34

establishing a joint Community/Police Relations Board, 205, 210

establishing Office of Municipal Investigation, 196, 210, 247

further extending regulations established by ordinance with respect to use of recombinant DNA technology, 145

governing financial eligibility, ceiling and maximum rents, ex- clusions and transfer policies of Boston Housing Authority, 211

prohibiting manufacture, design or sale of execution machin- ery within city, 176

re Boston jobs residency ordinance, (order re), 123

re parental responsibility, 102

re seizure of amplification or soundproducing equipment when causing noise violation, 177, 186, 192

regarding unreasonable or excessive noise, 193

relative to standing motor vehicles, 257

removing restrictions on nation of Nambia from ordinances applying to transactions involving South Africa, 140, 210, 229, 248

requiring job impact statements, 234

The Community/Police Partnership Act, 103

The Family Protection Act, 53, 123, 151

OSBORNE, JIM honoring, 208

O'SHEA, RICHARD

honoring, 133

O'TOOLE, DANIEL

honoring, 258

OUTLAW, HONORABLE DARRELL

honoring, 271

"POW-MIA" RECOGNITION DAY"

declaring, 242

PARE, MONIQUE

honoring, 125

PARK COMMISSION Dickson, Harry Ellis, 132

PARKMAN, GEORGE F. FUND

appropriations:

Boston Common, $750,000, 100, 182

PARKS

(22)

REGAN, MARY T.

PARKS (see STREETS)

PARKS AND RECREATION DEPARTMENT

grants:

Summer Youth Employment Program, $1,000,000, 183

loans: $1,580,000, 23, 39, 50

PAROLIN, MAUREEN

honoring, 61

PAT, DALIA

honoring, 125

PEARL HARBOR VETERANS

memorializing, 295

PEARSON, KEIR

honoring, 288

PENAL INSTITUTIONS DEPARTMENT

appropriations: $1,223,300, 79, 123

PEPE, ELENA M.

honoring, 258

PERSONNEL DEPARTMENT

layoffs, 42, 176

PETERS, ROLAND T .

honoring, 36

PETERSON, KEVIN honoring, 312

PETITO, MARIO honoring, 258

PFEILSTICKER, LOUIS honoring, 312

PLANNING AND DEVELOPMENT, COMMITTEE ON

members: Couns. McCormack (Chairman), Byrne, Hennigan Ca- sey, Menino, O'Neil

committee reports: 12, 93, 200, 203, 218, 266, 285, 291, 298

hearings:

neighborhood economic condition, 207

small businesses, 59

Hyde Park Avenue, 218

matters referrred: 5, 34, 59, 73, 77, 136, 183, 207, 231, 232, 235, 237, 244, 279, 281

POLICE DEPARTMENT crime statistics: 17, 18, 26, 27, 47, 48, 65, 74, 92, 100, 121,

138, 147, 175, 199, 209, 217, 231, 246, 273, 274, 290, 297,

305 grants:

Milton S. Eisenhower Foundation, $200,000, 195, 240 inefficiency of, 77, 129 information re, 53, 120 loans: $5,105,000, 24, 40, 50 O'Neil, Councillor, 297 traffic enforcement, 52

PONZONE, SALVATORE

honoring, 159

PORTRAIT, ALICE honoring, 182

POST AUDIT AND OVERSIGHT, COMMITTEE ON members: Couns. Boiling (Chairman), McLaughlin, O'Neil,

Salerno, Travaglini committee reports: 122, 139, 233, 234 hearings: Inspectional Services workers, 93

Post Audit and Oversight, Committee on, Continued

matters referred: 60, 91, 93, 115, 160, 161 1990 census, 60

POTITO, DETECTIVE MARIO

honoring, 96

POWERS, ROBERT E. honoring, 15

PRESTON, JOANNA

honoring, 125

PUBLIC EDUCATION, COMMITTEE ON

members, Couns. McCormack (Chairman), Boiling, Menino,

Scondras, Travaglini committee reports: 74, 218, 219 hearings:

Endicott School, 287 school bus contract, 249 matters referred: 6, 51, 59, 104, 249

PUBLIC FACILITIES COMMISSION Colley, Christine, 1 Long Island property, 280, 298 Neponset Avenue fire station, 12

PUBLIC FACILITIES DEPARTMENT

energy-efficient standards, 41 honoring, 253

PUBLIC HEALTH, SPECIAL COMMITTEE ON members: Couns. Scondras (Chairman), Menino, Travaglini hearings:

Long Island Hospital, 50, 81 matters referred: 156

PUBLIC HEARINGS Bank of New England/Fleet Norstar, 159

PUBLIC SAFETY, COMMITTEE ON

members: Couns. O'Neil (Chairman), Byrne, Kelly, Menino

Yancey committee reports: 27, 38, 129, 200, 210, 247, 307 hearings:

Police Department conduct, 94 sector integrity, 96

Suffolk County House of Correction, 96, 200 matters referred: 13, 31, 78, 95, 96, 104, 109, 146, 147, 198

206, 215, 248, 281

PUBLIC WORKS COMMISSION communication, 49

QUIGLEY, KAY

honoring, 189

RAFUSE, JOHN

honoring, 253

RAMSEY, VIOLA

honoring, 312

REAL PROPERTY DEPARTMENT City Hall air quality, 140, 173

REARDON, WILLIAM AND ALICE

honoring, 36

RED SOX game incidents, 181

REDISTRICTING COMMITTEE

created, 129 matters referred: 130

REGAN, MARY T. honoring, 288

EGISTRY OF MOTOR VEHICLES

(23)

SANDELL, EDWARD

EGISTRY OF MOTOR VEHICLES petition re, 194

EILLY, FATHER THOMAS J.

honoring, 15

ENT EQUITY BOARD communication from, 18, 48, 92, 128, 209, 265, 298, 306

IDLON, POLICE OFFICER JOHN adjournment in memory of, 258 sympathy on death of, 258

TVERA, MARCIA

honoring, 97

JVERS, EUGENE honoring, 172

OBEMSON, RANDALL

honoring, 278

OBISHAW, TIMOTHY honoring, 159

ONAN, MICHAEL J., C.S.E. honoring, 208

.OXBURY NEIGHBORHOOD COUNCIL

I honoring, 159

UGGIERO, TONY AND JULIA

honoring, 104

UNWAY 27 COALITION I flight path Runway 27, 205

USH, MICHAEL F. honoring, 159

ABAH, YEKOUTIEL

honoring, 125

ACRED HEART PARISH

honoring, 84

NORMAN L. SADOWSKY DAY"

I honoring, 68

ALANT, STEPHANIE MICHELLE

honoring, 61

ALERNO, ROSARIA

committee appointments: Arts and Humanities, City and Neigh- borhood Services, Commerce and Transportation, Post Audit and Oversight, Tourists and Tourism, Ways and Means, Inter- governmental Relations, Substance Abuse, Waste Management (Chairman), Whole

approving petition for special law re:

elderly/handicapped housing, 158

materials recovery facility, 240

hearings:

i Boston-State Retirement System, 250 I Federal spending priorities, 20 I' principal compliance monitor, 185

recycling program evaluation, 157 ) second-mortgage companies, 1 1 3 * sector integrity, 96 v youth, 35 n resolves:

I MWRA Board of Directors, 67 I Montreal Protocol, 82 N Nashua Street penal facility, 60

National health care reform program, 122

1994 World Cup Venue site, 19 I Red Sox game incidents, 181

women/justice, 171

Youth Outreach Program, 66

Salerno, Rosaria, Continued

consent agenda:

Azpell, John Andrew, 104

Bell, Dorothey, 278

Bellflower Housing Residents, 236

Berklee College of Music, 104

Boggia, Dominic, 159

Boston Tradeswomen's Network, 208

Brookside Neighborhood Association, 159

Burke, Helen Veronica, 159

Cabral, Mrs. Freddy, 242

Carpentino, Francis, 258

Centofanti, Edoard, 278

Cerrone, Diane, 104

Christmas, Susie, 208, 253

Colucci, Jamie, 159

Couture, Al, 242

Cross, Tim, 114

Curry, Jack, 15

Dale, Sally, 258

Del Conte, Laura, 208

DiCillio, Raymond, 258

David Dixon and Associates, 242

Draisen, Sam and Tilly, 159

Earle, Josephine, 242

Family Awareness Program graduates, 61

Favorito, Maria and Phillip, 189

Frank, Elsie, 278

Giannasoli, Michael, 271

Gibson, Leonard C, 36

Gilberto, Steve and Anne, 189

Guerard, Bill, 189

HOPE (Hispanic Office of Planning and Evaluation, Inc.),

304 John Hancock Mutual Life Insurance Company, 30 Hayes, Mrs. Marie, 242

Hispanic College Fair Scholarship Committee, 236 Inspectional Services Department employees, 30 Kelley, Reverend Brian Scott, 125 Knipus, Albert, 258 Knox, Roy, 278

Langone, Clementina Poto, 271 Madonna del Soccorso di Sciacca Society, 215 Marlboro- Johana Sister City Exchange Program, 227 Mclntyre, Rose, 278 McNamara, Dan, 30 Murphy, Eugene, 258 Nastasi, Mary, 189 Newcomb, Thomas, 258 North End Athletic Association, 159 North End Community Health Center, 84 North End Pride Day (Second Annual), 208 O'Flynn, Johanna, 125 O'Toole, Daniel, 258 Petito, Mario, 258 Quigley, Kay, 189 Rafuse, John, 253 STEP, 208

Sacred Heart Parish, 84 San Rocco Feasts, Supporters, 189 Sartori, Patti, 21 "Save our Cities" march, 258 Susi, Domenico, 278 Susi, Frank, 278 "Mat Thall Day", 278 Vega, Al, 271

Violence Prevention Awareness Week, 104 Wambolt, Danny, 242 Weiner, Michelle, 159 White, Bernadetta, 21 Wise, Ellen, 236 Women's Italian Club of Boston, 21

SAN ROCCO FEASTS, SUPPORTERS honoring, 189

SANDELL, EDWARD

honoring, 133

SARTORI, PATTI

(24)

STODDARD, BILL

SARTORI, PATTI

honoring, 21

"SAVE OUR COTES' supporting, 258

MARCH

SCAPPICCIO, CAPTAIN LOUIS A.

honoring, 182

SCfflSGALL, DAVID honoring, 288

SCHOOL COMMITTEE 43 Melrose Street Southerly, 35 Superintendent's contract, 112

SCHOOL DEPARTMENT appropriations: $4,000,000, 37, 104, 116, 148; $374,000,000,

78, 113 43 Melrose St., 50 legal action re spending, 6 loans: $5,105,000, 24, 39, 50 school buses, 104, 149, 183

SCONDRAS, DAVID committee appointments: Arts and Humanities, Environment

and Public Works, Public Education, Elderly, Public Health

(Chairman), Whole approving petition for special law re: Property and Planning Department, 301 hearings:

Central Artery/Third Harbor Tunnel project, 95 Endicott School, 287 keg tagging and deposits, 78 911 calls, 20

Police Department conduct, 94 Police Department employees, 179, 188 school bus contract, 249 Social Security benefits, 156 information re: Blue Cross, 42, 47 default warrants, 78, 273 employees' paychecks, 300 Endicott School, 286 Inspectional Services Department, 312 orders:

budget cuts, 301 city-owned buildings, 41, 304 direct deposit for city employees, 41, 45 energy-efficient standards, 41 fire and casualty insurance, 42 "Fund for Boston Neighborhoods", 42 layoffs, 42, 176 Licensing Board, 301 MBTA fare increase, 204, 226 management/fiscal audits, 43 Police Department inefficiency, 77 provisions of Section 57C of Chapter 59 of General Laws, 41,

74 ordinances:

concerning security for student housing, 274, 308 The Family Protection Act, 53, 123, 151 resolves: AIDS, 156

House Bill No. 2086, 207 MBTA fare increase, 130, 176, 191 Narine, Edmund, 227, 233 Parkman House meeting, 83 Senate BUI No. S-1100, 76 state budget, 123 consent agenda: Bicycle and Pedestrian Transportation Improvement Act of

1991, 104 "Bike to Work Day", 104 Brigham and Women's Hospital, 182 Brown, Gary, 68 Cano, Dr. Julio Alberto, 36

Scondras, David, Continued

Hani, Chris, 84

Holmes, Daniel, 68

Human Rights Charitable Foundation's AIDS Project work- ers, 84

International Association of Lesbian/Gay Pride Coordinators, 253

"Lesbian and Gay Pride Day", 84

Lycurgus, Tony, 295

Mader, Karl, 208

Mandan, Karen, 208

Mesbahi, Aliza, 208

Mission Hill Summer Program, 278

Mulford, Dorothy, 208

Mumford, William, 208

Navidad, Ruth, 288

Osborne, Jim, 208

Pearson, Keir, 288

Schisgall, David, 288

"The Textile Club Day", 61

"Anne Burlak Timpson Day", 84

Tye, Ray, 68

Vecino, 36

SELMAN, DOROTHY honoring, 253

SENATE BILL NO. S-1100 opposing, 76

73RD ANNIVERSARY OF PROCLAMATION OF A FREE AND SOVEREIGN UKRAINIAN NATIONAL REPUBLIC

commemorating, 9

SEXTON, FREDERICK L. honoring, 9

SHAH, BRINDA V.

honoring, 143

SfflLLINGFORD, SHIRLEY honoring, 36

SIERRA CLUB

Central Artery Project, 48

SHJVA, DINO

honoring, 182

SIMON, GEORGETTE

honoring, 133

"SISTER CLARA MOHAMMED SCHOOL DAY"

declaring, 236

SORRENTINI, EVELYN

honoring, 97

SOUTH BOSTON VIETNAM MEMORIAL COMMITTEE

honoring, 236

SPECIAL MEETINGS April 17, 85

SQUARES (see STREETS)

STAPLETON, LEO D. honoring, 84

STARR, MAURICE

honoring, 236

STEP honoring, 208

STODDARD, BILL

honoring, 61

JTOREY, SANDRA

(25)

TRAVAGLINI, ROBERT E.

JTOREY, SANDRA

honoring, 9

iTREETS, SQUARES, CIRCLES, PARKS Anthony J. Scordino Square, 204

iUBSTANCE ABUSE, SPECIAL COMMITTEE ON

members: Couns. Kelly (Chairman), Boiling, Salerno committee reports: 6, 50, 240 matters referred: 32, 158, 195

JUFFOLK COUNTY appropriations: Jail, $2,300,000, 137, 184 grants:

correctional alternatives, $425,000, 146, 200 Criminal Justice, Massachusetts Committee on, $49,000, 281 HIV (AIDS) Education Program, $93,031, 146, 200 recovery unit, $135,575, 145, 200 Sheriff, 60

iUFFOLK COUNTY HOUSE OF CORRECTION OFFICERS

honoring, 125

iULLIVAN, JOHN P.

honoring, 3

IULLIVAN, REVEREND LEON HOWARD

honoring, 242

lUPERINTENDENT SEARCH COMMITTEE honoring, 104

1USI, DOMENICO i honoring, 278

USI, FRANK

honoring, 278

IUTERA, ANNA I honoring, 61

TAM TAM" I honoring, 271

AYLOR, RICHARD L.

i honoring, 36

ELLONI, ANTHONY

honoring, 312

[EMPLETON, SYLVIA honoring, 44

THE TEXTILE CLUB DAY"

declaring, 61

MAT THALL DAY"

declaring, 278

1UOMAS, MARK

honoring, 61

fHOMPSON, BENJAMIN

honoring, 271

fHOMPSON, DR. STEPHEN G.

I honoring, 271

'72ND INFANTRY VETERANS ASSOCIATION OF WILLIAM E. CARTER POST #16, AMERICAN LEGION

I honoring, 36

AMES P. TTMILTY MIDDLE SCHOOL I faculty of, 159

fTMMERMANN, TIMOTHY L.

communication from, 129

"ANNE BURLAK TEVIPSON DAY" declaring, 84

"RANDALL J. TOBIN DAY"

designating, 96

TOURISTS AND TOURISM, COMMITTEE ON members: Couns. Travaglini (Chairman), Byrne, Menino, O'Neil, Salerno

TRAFFIC AND PARKING DEPARTMENT

Scordino, Anthony J., 204

TRAIL, CLIVE

honoring, 36

TRANSPORTATION, COMMISSIONER OF grants: Central Artery/Tunnel Project (DPW), $972,000, 8, 18;

$355,000, 282 Downtown Boston Transportation System, $1,000,000, 245,

291 Massachusetts Governor's Safety Bureau, $22,000, 282, 291 National Highway Traffic Safety Administration, $30,000,

281, 291 Prudential Insurance Co. (traffic), $35,000, 282, 292

TRANSPORTATION DEPARTMENT abandoned vehicles, 38, 61 Annunciation Church carnival, 102 barrels installed, 234

Central Artery/Third Harbor Tunnel, 101 Curran, Alice, 293 Jamaica Plain traffic light, 96 112 Southampton Street, 127, 156 Washington Street reconstruction, 243

TRAVAGLINI, ROBERT E.

committee appointments: Commerce and Transportation (Chair- man), Public Education, Post Audit and Oversight, Tourists and Tourism (Chairman), Elderly, Hungry and Homeless, Public Health, Whole

committee reports: Commerce and Transportation: 50, 61, 121, 156, 213, 266, 291, 292

hearings:

fire control system, 7

ordinances:

amending CBC, Ordinance 18-1.8, Hawker's and Peddler's License, 34

resolves:

Massport privatization, 286

consent agenda:

Accomando, William, Jr., 271

Asaro, Yolanda Josephine, 278

Bermuda, People of, 125

Boutlier, Lillian, 61

"British Airways Day", 104

Burke, Cindy, 189

Burri, Jessie, 242, 253

Carangelo, Ted, 271

Celona, Mr. and Mrs. Frank, 143

Chadbourn, Jessica, 182

Colwell, Peter Glenn, 242

Costa, Albert and Josephina, 21, 253

Davis, Tom, 236

DeStefano, Anthony Richard, 61

Donovan, Mr. and Mrs. John J., 312

Ferrino, Dr. Peter J., 68

Foley, Grace, 242

Foley, Patricia A., 5

Giangregorio. Mary and Arthur, 253

Giordano, Anthony and Antonetta, 288

Goncalves, Dennis, 253

Graham, Eileen McLean, 125

Harrigan, Francis W., Jr., 9

Harrington, William D., 288

Harris, Julia, 125

Hickey, Thomas Michael, 61

TRAVAGLINI, ROBERT E.

(26)

WAYS AND MEANS, COMMITTEE ON

Travaglini, Robert E., Continued

Howell, "The Honorable" Linda, 125

Jackson, Tom, 248

Joslin, Santa, 271

Kissling, E. Lorraine, 288

LeBlanc, Josephine, 253

Lima, Thomas, 253

Marks, G. Lowell, 278

Mattera, Carmela, 242, 253

Mclntyre, Marjorie A., 208

Monks, Denise, 68

Murray, Catherine, 288

North End Business Alliance, 304

North End Community Health Center, 84

Northwest Airlines, 125

Pare, Monique, 125

Pepe, Elena M., 258

Portrait, Alice, 182

Reilly, Father Thomas J., 15

Ruggiero, Tony and Julia, 104

Scappiccio, Captain Louis A., 182

Walsh, William, 61

White, Debra S., 61

TYE, RAY

honoring, 68

UNITED STATES FEDERAL HIGHWAY ADMINISTRATION

grants:

Downtown Boston Transportation System, $1,000,000, 245

UNITED STATES OFFICE OF COMMUNITY SERVICES

honoring, 253

UNITED STATES SECRETARY OF SENATE, WALTER J. STEWART communication from, 139

UNIVERSITY-COMMUNITY RELATIONS, SPECIAL COM- MITTEE ON members: Couns. McLaughlin (Chairman), Byrne, McCormack committee reports: 308 hearings:

keg tagging and deposits, 78 matters referred: 53, 78, 277

UPHAMS CORNER BRANCH LIBRARY

consent agenda, 159

VALLE, JOE honoring, 61

VARTZELIS, REVEREND GEORGE D. honoring, 30

VECINO

honoring, 36

VEGA, AL

honoring, 271

VINCENT, MARJORIE JUDITH (MISS AMERICA) honoring, 125

VIOLENCE PREVENTION AWARENESS WEEK

endorsing, 104

VISITORS Adduci, Joanne, 255 Arnold, David M., 69 Barney, Kristina, 191 Boiling, Bruce Sr., 194 Boston High School students, 115 Boston Women's Italian Club, 23 Burke, Cindy, 185 Cataldo, Judith E, 255 Cerrone, Diana, 145 Costa Rican students and teachers, 11

Visitors, Continued

Curry, Jack, 17

Dickerson, Police Officer Charles L., 255

Dudley, Julius Wayne, 185

Eisenberg, Susan, 229

Fenway Middle College High School, students and teachers

45 Graubart, Bruce, 255 Hannan, Robert, 217 Harper, Joyce, 229 Hatoff, Stanley, 273 Hilchey, Maureen, 255 Howell, "The Honorable" Linda, 125 Israel residents, 115 Johana (Japan) /Marlboro (New Jersey) Sister City Exchange

Program, 217 Junta, Mr., 297 Kennedy, James E, 255 Levitsky, Arthur and Kathleen, 305 Maloney, Headmaster, 297 Matthews, Saphne and Leonard, 173 Neville, Robert G., 255 Shaich, Ronald, 259 Storey, Sandra, 7 Walsh, Joseph E., 173

Washington Irving High School Student Council, 297 Watson, Captain Anthony J., U.S.N., 23 Wilkerson, Gayann, 229 Yancey, Frederick H. n, 237

"JOHN VOZZELLA DAY"

declaring, 159

WGBH-TV PROGRAMS

continuing, 66

WADE, JUANITA

honoring, 312

WAILLY, VICTOR honoring, 242

WALCZAK, WILLIAM honoring, 253

WALL, BRUCE

honoring, 172

WALSH, JOSEPH E.

honoring, 182

WALSH, MARY JOYCE

honoring, 96

WALSH, WILLIAM

honoring, 61

WALTON, DOROTHY BELL

honoring, 68

WAMBOLT, DANNY

honoring, 242

WASTE MANAGEMENT, SPECIAL COMMITTEE ON

members: Couns. Salerno (Chairperson), Kelly, Yancey

hearings:

recycling program evaluation, 157

matters referred: 157, 241

WATSON, CAPTAIN ANTHONY J., U.S.N, honoring, 21

WATSON, FREDERICK J. honoring, 9

WAYS AND MEANS, COMMITTEE ON members: Couns. Menino (Chairman), Byrne, Kelly, McCo mack, McLaughlin, O'Neil, Salerno

i WAYS AND MEANS, COMMITTEE ON

(27)

WOODSON, BROOKE

■Vays and Means, Committee on, Continued

budget cuts, 301

committee reports: 20, 39, 40, 65, 74, 83, 104, 113, 123, 124, 148, 159, 166, 184, 225, 258, 285, 298

hearings:

cost saving measures, 14, 225

health and life insurance plans, 65, 83

Long Island Hospital, 65, 225

1992 budget, 29, 34, 225, 226 I police cadet program, 225

Public Employee Retirement Administration, 225

school bus insurance, 294

youth, 35, 225

matters referred: 14, 23, 24, 25, 29, 33, 34, 35, 38, 41, 42, 47, 65, 66, 68, 79, 80, 100, 109, 117, 123, 137, 175, 180, 181, 184, 217, 226, 245, 250, 259, 294, 298, 301, 304, 306 i Rebuilding Boston, 225

VEAVER, LOVILLA i honoring, 133

VEIGHERS OF GOODS appointed: 17, 198, 305

VEINER, MICHELLE

honoring, 159

VELD, GOVERNOR WILLIAM | MWRA Board of Directors, 67

VELLS, MARCIA I. honoring, 133

iVHELAN, STEVEN I honoring, 125

VHITE, BERNADETTA

I honoring, 21

VHITE, DEBRA S. honoring, 61

VHITE, MAURICE

honoring, 159

VHITTLESELEY, ROBERT honoring, 143

VHITWORTH, CAL. B. honoring, 36

VHOLE, COMMITTEE OF THE

i members: Couns. Iannella (Chairman), Boiling, Byrne, Hennigan Casey, Kelly, McCormack, McLaughlin, Menino, O'Neil, Sa- lerno, Scondras, Travaglini, Yancey

committee reports: 111, 126, 291

hearings:

Bernard, Pastor Michael, 3

Boiling, Bruce C, 312

Boston Edison Company, 43

Brown, Wilbur, 133

Bryan, Locksley, 236 < Buchanan, Buck, 271 I Butler, Julia, 44 l Byron, Elton, 36

Calloway, Terry I, 295

Canty, John, 236

Celester, Deputy Superintendent William "Billy", 125, 143

Clarke, Errol, 36

Codman Square Housing Development Corporation, 253

Combite Patriotique de la Diaspora Haitienne, 125

Communities and Development, Executive Office of, 253

Cotton Club, 295

Davila, Ismael, 97

Deya, Tinti, 97

i Dickerson, Richard Marshall, 133 •Dinkins, David N., 97

Dreher Family, 182

Dudley, Dr. Julius Wayne, 182

Whole, Committee or the, Continued

Dunn, Martha, 278

Duntin, Rupert, 36

Efrati, Tavia, 125

F.I.R.S.T., Inc., 133

Figueroa, Pancho, 97

Gallivan Community Center, those involved, 43

Gantt, Harvey, 97

Garcia, Neftali, 97

Gaul, Gordon, 114

Gospel, Hi Lites, 61

Graves, Dr. John R., 159

Greater Love Tabernacle Church of God in Christ, 288

Guscott, Kenneth I., 114

Hamlett, Fred, 208

Harris, Roger E, 159

Harrison-Jones, Dr. Lois, 236

Hassan Tenants Advisory Council/Senior Citizens Club, per- sons serving, 133

Holland, Joyce, 97

Hughes, Reverend Conley H., Jr., 271

Irvine, Nerva, 36

Israeli, Nurit, 125

Jeter, Eddie Jr., 242

John, Reverend Fitz Allen, 271

Jones, William, 253

"Oswald Jordan Week", 288

Joseph, Sebastian and Rose, 125

Kenney, George W., 133

Khazan, Jibreel, 21

Knight, Maryclaire, 271

Lee, Alyce, 253

Lincoln, C. Eric, 3

"Malcolm X Day", 125

Massachusetts Association of Minority Law Enforcement Offi- cers, Inc., 104

Massachusetts Community Development Finance Corporation, 253

Massachusetts Government Land Bank, 253

Massachusetts Housing Finance Agency, 253

Mattapan Community Health Center, 125

McGuire, Jean, 312

McKenzie, Milbert "Doc", 61

Montanez, Ilsia, 97

Morning Star Baptist Church, 61

Morris, Calvin, 271

Most Worshipful Hiram Grand Lodge A.F. and A.M., Inc., 84

Mulrain, Leon, 36

Munn, Elaine Frances, 133

"My Brother's Keeper", 288

National Equity Fund/Local Initiatives Support Corporation, 253

Nattiv, Dov, 125

Neil, James, 44

Norquist, John O., 104

O'Bryant, John D., 312

O'Bryon, Marion, 104

Mohr, Jill, 299

matters referred: 7, 102, 116, 118, 286, 300

meetings: 85, 110, 125

WILLIAMS, STANLEY M. honoring, 159

WISE, ELLEN honoring, 236

WOMEN'S ITALIAN CLUB OF BOSTON honoring, 21

WOOD, THERESA F.

honoring, 3

WOODRUFF, LYNDEL

honoring, 271 •

WOODSON, BROOKE

honoring, 312

WOODSON, FREEMAN A., JR.

(28)

ZUBRIN, WILLIAM

WOODSON, FREEMAN A., JR. honoring,

WORLD CUP BOSTON '94 supporting, 19

WRIGHT, ANGELA

honoring, 133, 143

"WRITE FOR YOUR RIGHTS DAY-1991"

declaring, 125

YANCEY, CHARLES C.

committee appointments: Commerce and Transportation, Envi- ronment and Public Works, Government Operations, Public Safety, Equity, Intergovernmental Relations (Chairman), Neigh- borhood Crime Prevention, Waste Management, Whole

committee reports:

Intergovernmental Relations: 210, 248

approving petition for special law re:

Nambia, 140, 210, 230, 248

hearings:

Boston banking community, 131

information re:

Boston banks, 131, 279

Police Department, 53, 120

orders:

Boston jobs residency ordinance, 123

Boston School Committee, 207

ordinances:

creating the Boston Citizen's Review Commission, 214

removing restrictions on nation of Nambia from ordinances applying to transactions involving South Africa, 140, 210, 229, 248

resolves:

Bank of New England/Fleet Norstar, 159

H.R. 1, 111

"mortgage scam" areas, 124

Rogers, Christopher, 188, 194

consent agenda:

A.B.C.D. Child Care Choices of Boston, 125

A & M University Alumni, Boston Chapter of, 143

Africa, Inc., 227

African Immigrant Achievement Award Recipients, 84

"African Immigrant Community Day", 68

Alberts, Dr. William E., 227

Allen, Willie Mae, 271

Anderson, Gerald, 312

Ashford, Mazie, 242

"Crispus Attucks Day", 43

Baaquee, Susanne I., D.M.D., 30

Bank of Boston, Codman Square Branch, 253

Barber, Avi, 125

Bay State Grand Chapter O.E.S., 84

Beeks, Shirley Ann, 133

Ben-Ari, Rivka, 125

Berenson, Aharon, 125

Outlaw, Honorable Darrell, 271

Pat, Dalia, 125

Peters, Roland T., 36

Yancey, Charles C, Continued

Public Facilities Department, 253 Ramsey, Viola, 312 Ridlon, Police Officer John, 258 Rivera, Marcia, 97 Rivers, Eugene, 172 Robinson, Randall, 278 Sabah, Yekoutiel, 125 Salant, Stephanie Michelle, 61 Selman, Dorothy, 253 Shillingford, Shirley, 36 "Sister Clara Mohammed School Day," 236 Sorrentini, Evelyn, 97 Sullivan, Reverend Leon Howard, 242 "TAM TAM", 271 Templeton, Sylvia, 44 Thompson, Benjamin, 271 James P. Timilty Middle School faculty, 159 Trail, Clive, 36

United States Office of Community Services, 253 Vincent, Marjorie Judith (Miss America), 125 Wade, Juanita, 312 Walczak, William, 253 Wall, Bruce, 172 Walton, Dorothy Bell, 68 Watson, Captain Anthony J., U.S.N., 21 Wells, Marcia I., 133 Whittleseley, Robert, 143 Whitworth, Cal. B., 36 Williams, Stanley M., 159 Wood, Theresa E, 3 Woodruff, Lyndel, 271

Charles C. Yancey Black History Month Bookfair partici- pants, 36

CHARLES C. YANCEY BLACK HISTORY MONTH BOOK- FAIR honoring participants in, 36

YAWKEY, MRS. JEAN R.

honoring, 30

YONEOKA, ELAINE SAYOKO

honoring, 182

YOUTH SERVICES, SPECIAL COMMITTEE ON

members: Couns. McCormack (Chairman), Boiling, Hennigan

Casey committee reports: 210, 219 hearings:

Office of Children's report, 219

"Professional and Amateur Sports Protection Act", 185, 210 Youth Commission report, 94, 219 matters referred: 94, 185

ZIONIST ORGANIZATION OF AMERICA, NEW ENG- LAND CHAPTER

honoring, 84

ZUBRIN, WILLIAM honoring, 253

CITY COUNCIL

CITY OF BOSTON

Proceedings of City Council

Monday, January 7, 1991. First meeting of the City Council for the year 199 1 was held in the Council Chamber, City Hall, at 10 a.m., Councillor IANNELLA, senior member, presiding.

Reverend Michael Groden, pastor of St. Cecelia's Church, Boston, gave the invocation, and the meeting was opened with the pledge of allegiance to the flag.

Coun. O'NEIL in the chair.

ELECTION OF PRESIDENT

On motion of Councillor Byrne the Council voted to proceed to the election of a President for the municipal year 1991. The Clerk called the roll with the following result:

For Christopher A. Iannella — Councillors Boiling, Byrne, Hennigan Casey, Iannella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 13.

(Applause)

President IANNELLA took the chair and expressed his sincere thanks to the members of the Council for his election as President for the municipal year 1991 .

ORDER THAT RULES OF CITY COUNCIL FOR 1990 BE ADOPTED AS PERMANENT RULES OF THIS COUNCIL (DOCKET NO. 0198)

Coun. IANNELLA offered the following: Ordered, That the Rules of the Boston City Council for 1990 be adopted as permanent rules of this Council. Passed under suspension of the rules.

DISAPPROVING ORDER REQUESTING MAYOR TRANSFER CERTAIN PARCEL OF LAND TO CHRISTINE COLLEY (DOCKET NO. 0179)

The following was received:

City of Boston Office of the Mayor

December 31, 1990. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body Decem- ber 12, 1990, Docket No. 1369, which requests me to draft an order to transfer a certain parcel of land to Chris- tine Colley.

My reason for disapproval is that, pursuant to St. 1966, c. 642, no City Council action is required to sell

the land as described in the order. Once the parcel has been declared to be surplus property, the Public Facili- ties Commission, if it has the care, custody, management and control of the parcel, can convey it in accordance with the requirements stated in that statute. In addition, G.L. c. 30B states certain procedures to be followed when a governmental body proposes to dispose of real property.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the order referred to.) Assigned for further action.

DISAPPROVING ORDER REQUESTING MAYOR AND DIRECTOR OF PERSONNEL MANAGE- MENT TO IMPLEMENT POLICY PROVIDING EACH CITY EMPLOYEE CALLED TO ACTIVE DUTY WITH SUPPLEMENT WHICH, WHEN COMBINED WITH MILITARY PAY, WILL EQUAL 100 PER CENT OF EMPLOYEE'S PAY AT TIME OF ACTIVATION (DOCKET NO. 0180)

The following was received:

City of Boston Office of the Mayor

December 31, 1990. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body on De- cember 12, 1990, Docket No. 1375. That order would direct the Mayor and the Director of the Office of Per- sonnel Management to implement a policy providing each City employee called to active military duty with a supplement which, when combined with the employee's military pay, would equal one hundred percent of the employee's pay at the time of activation. That order would also require the Mayor and the Director of the Office of Personnel Management to review such policy 90 days after its implementation.

My reason for disapproval is that this order violates the City Charter provision which prohibits the City Council from taking part in the conduct of the executive or admin- istrative business of the City. (See, St. 1948, c. 452, s. 17G as appearing in St. 1951, c. 376, s.l).

Although I am advised that I must veto the Council's order on legal grounds, I am in complete agreement with the spirit and intent of the order. Therefore, I have di- rected the Law Department to draft immediately an Ex- ecutive Order which will accomplish the same goals and objectives which the Council sought to achieve through its order.

Respectfully,

Raymond L. Flynn, Mayor.

(Annexed hereto is the order referred to.)

Assigned for further action.

APPROVAL OF CONSTABLE'S BOND (DOCKET NO. 018)

The Constable's Bond of John Lawlor, having been duly and approved by the Collector-Treasurer, was re- ceived and approved.

ABSENCE OF THE MAYOR (DOCKET NO. 0181)

CITY COUNCIL

Notice was received by the City Clerk from the Mayor of his absence from the City on December 19, 1990. Placed on file.

COMMUNICATION FROM SHERIFF OF SUFFOLK COUNTY TRANSMITTING REPORT OF COM- MITMENTS AND DISCHARGES FROM COUNTY JAIL FOR 6/16/90 THROUGH 12/15/90 (DOCKET NO. 0183)

Communication was received from Robert C. Rufo, Sheriff of Suffolk County, transmitting the report of Commitments and Discharges from the County Jail for the period of June 16, 1990 through December 15, 1990.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0189)

Notice was received from the Department of Public Utilities of a hearing on January 25, 1991 re: Twixtel Technologies, Inc.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0190)

Notice was received from the Department of Public Utilities of a hearing on February 11, 1991 re: Burlington Telephone Company.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0184)

Notice was received by the City Clerk from the Mayor of the appointment of Martin E. Pierce as Commissioner of the Boston Fire Department for a term expiring April 30, 1992.

Placed on file.

COMMUNICATION FROM COLLECTOR- TREASURER DESIGNATING DOROTHY E. COFIELD ACTING SECOND ASSISTANT COLLECTOR-TREASURER (DOCKET NO.

0191)

Communication was received from Lee F. Jackson, Collector-Treasurer, designating Dorothy E. Cofield Acting Second Assistant Collector-Treasurer.

Placed on file.

NOTICE FROM DEPARTMENT OF ENVIRON- MENTAL PROTECTION WATERWAYS REGU- LATION PROGRAM (DOCKET NO. 0185)

Notice was received from the Department of Environ- mental Protection Waterways Regulation Program re: li- cense application of the Massachusetts Public Works De- partment to construct and maintain an immersed tube tunnel in and over the waters of Boston Harbor, water- >ways.

Placed on file.

NOTICE FROM DEPARTMENT OF ENVIRON- MENTAL PROTECTION WATERWAYS REGU- LATION PROGRAM (DOCKET NO. 0186)

Notice was received from the Department of Environ- mental Protection Waterways Regulation Program re: li- cense application of the Massachusetts Public Works De- partment to construct and maintain a substance drainage system and tide gate at property located near West Fourth Street.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0187)

Notice was received from the Department of Public Utilities of a hearing re: Aircall Northeast, Inc. /RAM Communication of Mass.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0188)

Notice was received from the Department of Public Utilities ofa hearing on January 23, 1991 re: Coast Inter- national, Inc.

Placed on file.

COMMUNICATION FROM EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE, DI- VISION OF CAPITAL PLANNING AND OPER- ATIONS, RE CERTAIN LAND ADJACENT TO NORTHEASTERN UNIVERSITY (DOCKET NO. 0192)

Communication was received from John F. Bradshaw, Associate Deputy Commissioner, Executive Office for Administration and Finance, Division of Capital Plan- ning and Operations, requesting approval for the reduc- tion in notification time from 120 days to 60 days re: intention to acquire a parcel of land located adjacent to Northeastern University for the construction of the Massachusetts State Track Facility.

On motion of Coun. MENINO the request was ap- proved for sixty days.

NOTICE FROM CITY CLERK (DOCKET NO. 0193)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinance of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of December 5, 1990.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 0194)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re: actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of December 1 1 , 1990.

Placed on file.

JANUARY 7, 1991

NOTICE FROM CITY CLERK (DOCKET NO. 0195)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re: actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of December 12, 1990.

Placed on file.

COMMUNICATION FROM BHA TRANSMITTING COPY OF FY92 FEDERAL OPERATING BUDGET (DOCKET NO. 0196)

Communication was received from Doris Bunte, Ad- ministrator, Boston Housing Authority, transmitting a copy of the FY 92 Federal Operating Budget.

Referred to the Committee on Housing when ap- pointed.

REPORT ON ORDER APPROVING APPROPRIA- TION OF $1,179,500 FROM EDWARD INGER- SOLL BROWNE FUND FOR VARIOUS PROJ- ECTS (DOCKET NO. 0108)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0108, message of the Mayor and order approving appropriation of $1,179,500 from the Edward Ingersoll Browne Fund for various projects (referred November 7, 1990) recommending passage of the order.

The report was accepted; the order was passed.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0197)

City of Boston In City Council Coun. IANNELLA offered the following:

December 21, 1990. Councillor Christopher A. Iannella, President, (for Councillor Thomas M. Menino).

Ordered, That effective Friday, December 21, 1990, the following-named person be, and hereby is, appointed to the position set against' her name until Wednesday, March 20, 1991:

Sandra Bisceglia, secretary, $780 per week, full-time, 35 hours.

Passed under suspension of the rules.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Byrne: Charles H. McCarthy (Docket No. 0200).

Councillor Hennigan Casey: John P. Sullivan (Docket No. 0201).

Councillor Yancey: Theresa F. Wood (Docket No. 0202).

Councillor Iannella, for all the Councillors: City Mes- senger Robert J. McDonald (Docket No. 0203).

On motion of Councillor Iannella Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Yancey: C. Eric Lincoln (Docket No. 0199).

Councillors Yancey and Boiling: Pastor Michael Bernard (Docket No. 0204).

The matters contained within the Consent Agenda were severally adopted.

ANNOUNCEMENT RE OBSERVANCE OF MARTIN LUTHER KING BIRTHDAY

President IANNELLA announced that there would be no meeting of the Council on 1/23/91 in observance of the Martin Luther King holiday on 1/21/91 .

Adjourned at 10:30 a.m., on motion of Councillor Travaglini, to meet on Wednesday, January 16, at 1 p.m.

Note: All debate of City Council eliminated from pro- ceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

PRINTING SECTION

CITY COUNCIL

CITY OF BOSTON

Proceedings of City Council

Wednesday, January 16, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m., President IAN- NELLA in the chair. Absent, Councillor MENINO.

INVOCATION

President IANNELLA requested the members and ev- eryone present to stand for a moment of silent prayer, and the meeting was opened with the pledge of allegiance to the flag.

GRANT OF $1,000 FROM BOYNTON TRUST FOR COMMISSION ON AFFAIRS OF ELDERLY FOR "FIRST NIGHT" (DOCKET No. 0205)

The following was received:

City of Boston Office of the Mayor

January 15, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval, an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend on behalf of the City of Boston, one thousand dollars ($1 ,000) from the Boynton Trust.

These funds are made available through the Boynton Trust and will be used for the sponsorship of the Com- mission's First Night event. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor. Ordered, That approval be, and hereby is given to the application for, and in accordance with Section 53A of Chapter 44 of the General Laws, for the acceptance and expenditure of one thousand dollars ($1,000) by the City of Boston, acting through its Commissioner on Affairs of the Elderly, for the support of the Commission's First Night event. These funds are made available to the City by the Boynton Trust, a charitable grantmaking founda- tion administered by the State Street Bank Personal Trust Department. Referred to Special Committee on the Elderly.

ORDER FOR CONFIRMATION OF APPOINTMENT OF VICTORIA WILLIAMS AS MEMBER OF WATER AND SEWER COMMISSION (DOCKET No. 0206)

The following was received:

City of Boston Office of the Mayor

January 14, 1991.

To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order re- garding the appointment of Victoria Williams of 91 Munroe Street, Roxbury, 02119, as a member of the Boston Water and Sewer Commission for a term expir- ing January 4, 1993, vice Chapnick term resigned. I am appointing Ms. Williams pursuant to the authority vested in me by Chapter 436 of the Acts of 1977, and subject to your confirmation.

I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Victoria Williams of 91 Munroe Street, Roxbury, 02119 as a member of the Bostn Water and Sewer Commission for a term expiring January 4, 1993 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

ORDER FOR CONFIRMATION OF APPOINTMENT OF BART J. MITCHELL AS MEMBER OF BOSTON INDUSTRIAL DEVELOPMENT FI- NANCING AUTHORITY (DOCKET NO. 0207)

The following was received:

City of Boston Office of the Mayor

January 4, 1990. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order re- garding the appointment of Bart J. Mitchell of 54 Eliot Street, Jamaica Plain, as a member of the Boston Indus- trial Development Financing Authority for a term expir- ing April 1, 1991, vice Marston, term resigned. I am appointing Mr. Mitchell pursuant to the authority vested in me by M.G.L. 40D, s. 3, and subject to your confir- mation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor. Ordered, That the appointment of Bart J. Mitchell as a member of the Boston Industrial Development and Fi- nancing Authority for a term expiring April 1, 1991 be and hereby is confirmed.

Referred to the Committee on Planning and Devel- opment.

COMMUNICATION FROM DEPUTY COMMIS- SIONER MALONEY OF EXECUTIVE OFFICE OF HUMAN SERVICES RE SUFFOLK COUNTY JAIL (DOCKET No. 0208)

Communication was received from Michael T. Malo- ney , Deputy Commissioner, Executive Office of Human Services, Department of Correction, Operations and Se- curity Division, transmitting a copy of the first inspec- tion report of the Suffolk County Jail, Nashua Street.

Placed on file.

COMMUNICATION FROM DEPUTY COMMIS- SIONER MALONEY OF EXECUTIVE OFFICE OF HUMAN SERVICES RE SUFFOLK HOUSE OF CORRECTION (DOCKET NO. 0209)

CITY COUNCIL

Communication was received from Michael T. Malo- ney, Deputy Commissioner, Executive Office of Human Services, Department of Correction, Operations and Se- curity Division, transmitting a copy of the second inspec- tion report of the Suffolk House of Correction, Deer Is- land.

Placed on file.

COMMUNICATION FROM EDWARD J. DO- HERTY, PRESIDENT OF BOSTON TEACHERS UNION (DOCKET NO. 0210)

Communication was received from Edward J. Do- herty, President, Boston Teachers Union, opposing the abolition of an elected School Committee and urging the City Council to pass a home rule petition making the Mayor President of an elected Boston School Commit- tee.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0211)

Notice was received by the City Clerk from the Mayor of the appointment of Benjamin Thompson as Commis- sioner of the Penal Institutions Department for a term expiring April 30, 1994.

Placed on file.

COMMUNICATION FROM CONGRESSMAN JO- SEPH D. EARLY RE COUNCIL RESOLUTION CONCERNING MIDDLE EAST SITUATION (DOCKET NO. 0212)

Communication was received from Representative Jo- seph D. Early, U.S. Congress re: resolution passed by the City Council December 19, 1990, (No. 901430), concerning the situation in the middle east.

Placed on file.

NOTICE FROM CITY CLERK RE APPOINTMENT OF COUNCILLOR McLAUGHLIN (DOCKET NO. 0213)

Notice was received by the City Clerk from Chris- topher A. Iannella, President, Boston City Council, ap- pointing Councillor Brian J. McLaughlin his designee on the Neighborhood Housing Trust board, for the munici- pal year 1991.

Placed on file.

REPORT ON ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND GRANT OF $660,250 FROM DEPARTMENT OF HEALTH AND HUMAN SERVICES (DOCKET No. 0171)

Coun. KELLY, on behalf of the Special Committee on Substance Abuse, submitted the following:

Report on Docket No. 0171, message of the Mayor and order authorizing the City to accept and expend a grant of $660,250 from the Department of Health and Human Services for the purpose of expanding Boston Against Drugs through a community partnership pro- gram (referred December 12, 1990) recommending pas- sage of the order in the following new draft:

Ordered, That the Mayor, acting on behalf of the City

of Boston, be, and hereby is, authorized, in accordance with G.L. c. 44, s. 53A, to accept a grant of $660,250 from the Department of Health and Human Services for the purpose of expanding Boston Against Drugs through a community partnership program which will provide outreach for drug prevention and education program- ming.

The report was accepted; the order in the new draft was passed.

ORDER URGING CORPORATION COUNSEL TO INITIATE CERTAIN LEGAL ACTION TO CON- TROL SCHOOL DEPARTMENT SPENDING (DOCKET NO. 0214)

Coun. McCORMACK offered the following:

Whereas, The City of Boston has authorized the ex- penditure of $389.8 million for the operation of the Boston Public Schools in fiscal year 1991 ; and

Whereas, The school department is spending at a rate of nearly $402 million in this fiscal year; and

Whereas, If the Boston School Committee fails to act responsibly to trim the school budget, the department will face a $12 million deficit this year; and

Whereas, Both the administration and the city council have made it clear that they will not authorize additional funds for the school department this year in light of the department's continued failure to control costs; and

Whereas, It is necessary for the mayor and the city council to initiate action now to force the school commit- tee to live within its budget, rather than to wait until a huge deficit has been incurred; therefore be it

Ordered, That the Boston City Council urges the city's corporation counsel to initiate legal action necessary to enjoin the school committee and superintendent of schools from deliberately authorizing expenditures in excess of the school department's appropriation for fis- cal year 1991 ; and be it further

Ordered, That Corporation Counsel, Joseph Mulli- gan, Esq. and Auditor Sally Degan appear at a hearing of the City Council's Committee on Public Education to discuss such action to control school department over- spending.

Referred to the Committee on Public Education.

ORDER AMENDING RULE 28 OF RULES OF CITY COUNCIL FOR 1991 (DOCKET NO. 0215)

Coun. IANNELLA offered the following:

Ordered, That the Rules of the Boston City Council for 1991 be amended in Rule 28 by striking section (T) Spe- cial Committee on Perambulation in its entirety; and

That Rule 28 be further amended by striking in section (G) Committee on the Environment and Public Works, the following language: "promotion of tourism" and:

That Rule 28 be further amended by adding the follow- ing new Committee:

Committee on Tourists and Tourism which shall con- cern itself with the promotion of visits to our city by indi- viduals and convention groups, develop programs whereby city agencies encourage tourism and best dis- play the assets of our city to those who visit us, and, recommend legislation and/or other actions to make Boston a welcome place for visitors.

Passed under suspension of the rules.

ORDINANCE AMENDING THE RESIDENCY RE- QUIREMENT ORDINANCE (DOCKET NO. 0216)

JANUARY 16, 1991

City of Boston In the Year Nineteen Hundred and Ninety-One An Ordinance Amending the Residency Requirement Ordinance

Couns. IANNELLA and KELLY offered the follow- ing:

Be it ordained by the City Council of Boston, as fol- lows:

Section One. The City of Boston Code, Ordinance Five, is hereby amended by inserting after the fourth par- agraph of Section 101 A thereof, the following new para- graph: "Each such department head or like officer shall, an- nually in March, file with the City Clerk an affidavit signed under the pains and penalties of perjury detail- ing his or her actions with respect to the annual of filing of certificates hereunder, the same to include, but not limited to, (1) a listing of those employees failing to file a required certificate, (2) a listing of those filing a certificate revealing apparent non-compliance with this ordinance, (3) a listing of those employes who, to the best information, knowledge and belief of the affi- ant, have filed a false certification, and, (4) a descrip- tion of the action taken by the department head or like officer with respect to each employee named in each of the foregoing listings. The affiant may supplement such an affidavit on one or more occasions during the year. Upon receipt of such an affidavit or supplement thereto, the City Clerk shall transmit a copy of the same to the City Council, and shall keep a copy of the same open to public inspection during regular business hours. Any department head or like officer failing to file such an affidavit shall be punished by a fine of two hundred dollars for each calendar month beginning af- ter March of each year such failure shall continue." Section Two. In the calendar year 1991, affidavits re- quired by section one hereof shall be filed during the month of May, and the penalty imposed thereunder shall be two hundred dollars for each calendar month begin- ning after May, 1991 such failure shall continue.

Coun. BYRNE in the chair.

Coun. IANNELLA in the chair.

Referred to the Committee of the Whole.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor HEN- NIGAN CASEY, who introduced Sandra Storey and her staff and presented to her a resolution of the City Council recognizing her past involvements and wishing her suc- cess as she undertakes the formulation and development of the Jamaica Plain Gazette. Ms. Storey thanked the members of the City Council for their good wishes and requested their active support of her launching of this new publication.

Ordered, That the Committee on Commerce and Transportation, call a hearing as soon as possible, rela- tive to the following:

That the Commissioner of the Traffic Commission be invited to explain the following:

1) Towing procedures in the City of Boston.

2) Charge for towing.

3) Charge for storage of each vehicle.

4) Can payment for Towing be paid by Check? Note: When people get towed in the City of Boston,

how do they get to Frontage Road? If they don't have enough money to pay for the Tow — then what happens?

Recommendations: That the vehicle be released imme- diately, and that the person who owns the vehicle be given 15 days to pay for the Tow without penalties.

Further, That persons making deliveries be given a ten-minute time to make that delivery.

Referred to the Committee on Commerce and Transportation.

COMMITTEE ON COMMERCE AND TRANSPOR- TATION TO HOLD HEARING RE FIRE CON- TROL SYSTEM PLANNED FOR CENTRAL AR- TERY NORTH AREA TUNNELS (DOCKET NO. 0218)

Coun. TRAVAGLINI offered the following:

Whereas, The Boston Fire Department has raised con- cerns that the $5 million fire-control system planned for the Central Artery North Area (CANA) tunnels in City Square, Charlestown is inadequate; and

Whereas, The tunnels, which extend to a depth of 80 feet, will be used by more than 80,000 vehicles a day; and

Whereas, The Fire Department is not convinced that a system can be safely designed which would avert catas- trophe in the case of a tunnel fire involving a truck carry- ing flammable or hazardous material; Now therefore be it

Ordered, That the Committee on Commerce and Transportation conduct hearings relative to the fire- control system planned for the Central Artery North Area Tunnels, and, make report to the City Council.

Referred to the Committee on Commerce and Transportation.

ALL VEHICLES TO KEEP HEADLIGHTS ON DUR- ING DAY FOR THREE DAYS TO SHOW SUP- PORT FOR OUR MEN AND WOMEN IN PER- SIAN GULF (DOCKET NO. 0219)

Coun. O'NEIL offered the following:

Resolved, That in order to show our support for the men and women in the Persian Gulf that

For a period of three days all vehicles in the City of Boston and the state put their highlights on during the day.

All City vehicles — Police, Fire and all Departments including any and all vehicles driven by the general pub- lic.

The resolution was adopted under suspension of the rules.

COMMITTEE ON COMMERCE AND TRANSPOR- TATION TO HOLD HEARING RE TOWING PROCEDURES (DOCKET NO. 0217)

Coun. O'NEIL offered the following:

CERTAIN INFORMATION UNDER SECTION 17F RE BUILDING VIOLATIONS AT 44 HOBART STREET, BRIGHTON (DOCKET NO. 0220)

Coun. McLAUGHLIN offered the following: Whereas, A violation of building law has occurred for

CITY COUNCIL

more than ten years at 44 Hobart Street in Ward 22, Brighton; and

Whereas, The Boston Inspectional Services Depart- ment (I.S.D.), which is charged with the enforcement of the State Building Code and the Boston Zoning Code, has failed in efforts to resolve the problem, and

Whereas, Numerous violations have been issued by I.S.D. and the Building Department, as early as Decem- ber?, 1979; and

Whereas, The illegal storage of construction trucks on the lot at 44 Hobart Street, Brighton, which is located in an R.5 zone, continues to this day, therefore, be it

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1) Please list all activity by I.S.D. concerning the property at 44 Hobart Street, Ward 22, Brighton, be- tween 1/1/86 until 1/16/91, specifying violation notices and court action.

2) What was the disposition of the violation issued by Inspector V. Maria, filed on 5/29/86, Notice No. V 03597-86 which noted a violation of Sect. 113.1— Fail- ure to Secure a Permit To Store Contractors Equipment in Yard?

4) Was Notice No. V 03597-86 properly served on the owner of 44 Hobart Street? If not, why?

4) Was there court action due to Notice No. V 03597- 86? If not, why?

5) What was the disposition of the violation issued by Inspector R. Neilsen, filed on 6/17/85, Notice No. V 03793-85 , which noted a violation of Sect. 113.1— Fail- ure To Secure A Permit For the Use of Premises, For Storage Of Contractors Supplies?

6) Was Notice No. V 03793-85 properly served on the owner of 44 Hobart Street? If not, why?

7) Was there court action due to Notice No. V 03793- 85? If not, why?

8) What was the disposition of the violation issued by Inspector R. Neilsen on 7/14/86, Notice No. V 00190- 87, which noted a violation of Sect. 113.1, Failure To Secure A Permit To Store Trucks In Adjacent Left Side of Dwelling?

9) Was Notice No. V 00190-87 properly served on the owner of 44 Hobart Street? If not, why?

10) Was there court action due to Notice No. V 00190- 87? If not, why?

1 1) What was the disposition of the violation issued by Inspector R. Neilsen on 3/26/84, Notice No. V 01789- 84, which noted a violation of Sect. 113.1 — Failure To Secure A Permit To Store Trucks In Adjacent Lot Left Side of Dwelling?

12) Was Notice No. V 01789-84 properly served on the owner of 44 Hobart Street? If not, why?

13) Was there court action due to Notice No. V 01789- 84? If not, why?

14) What was the disposition of the violation issued by Inspector Robert Parsons on 12/7/79, Notice No. V 00965-79, which noted a violation of Chap. 665, Acts of 1956, Sect. 8-7, Use Item 55 — Outside Storage of Trucks and Contractor's Equipment Is Forbidden In a Residential Zone?

15) Was Notice No. V 00965-79 properly served on the owner of 44 Hobart Street? If not, why?

16) Was there court action due to Notice No. V 00965- 79? If not, why?

17) Who are the current owners of the vacant lot at 44 Hobart Street, Ward 22, Parcel No. 3015, Brighton?

18) On 3/10/89, the owners of 44 Hobart Street ap- plied to I.S.D. to construct a one-family building on this lot (Appeal No. 12755). What was the disposition of this hearing?

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0221)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, January 16, 1991 the following-named person be, and hereby is, appointed to the position set against his name until Wednesday, April 17, 1991:

Stephen Mullen, secretary, $478.93 per week full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0222)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, January 16, 1991 the following-named person be, and hereby is, appointed to the position set against her name until Wednesday, April 17, 1991:

Davonya Havis, secretary, $300 per week part time, 30 hours.

Passed under suspension of the rules.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that two late filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The two matters were added to the Agenda to be indi- vidually considered.

GRANT OF $972,000 FROM MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS FOR SERVICES NECESSITATED BY CENTRAL AR- TERY/TUNNEL PROJECT (DOCKET NO. 0227)

The following was received:

City of Boston Office of the Mayor

January 10, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order that au- thorizes the City to accept and expend a grant of nine- hundred and seventy -two thousand dollars ($972,000) from the Massachusetts Department of Public Works for the purpose of funding a broad range of services necessi- tated by the Central Artery/Tunnel Project. The services include construction mitigation efforts, rodent control, permitting and environmental enforcement and engi- neering and transportation review of the Project.

I urge your Honorable Body to pass this order as soon as possible so that the City can receive and expend the funds expeditiously.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the City of Boston, acting by and through its Transportation Commissioner, be, and hereby is authorized, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws, to accept and expend a grant in the amount of nine hundred and seventy-two thousand dollars ($972,000) from the Mas- sachusets Department of Public Works for the purpose of funding a broad range of services necessitated by the Central Artery/Tunnel Project. The services include construction mitigation efforts, rodent control, permit- ting and environmental enforcement and engineering and

JANUARY 16, 1991

transportation review of the Project. Expenditures will be made from account number 030-25 1 -920 1 .

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0228)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, January 16, 1991 the following-named person be, and hereby is, appointed to the position set against her name until Wednesday, April 17, 1991:

Marguerite Malone, secretary, $478.93 per week full time, 35 hours.

Passed under suspension of the rules.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: Deputy Sealer of Weights and Measures Francis W. Harrigan, Jr. (Docket No. 0223).

Councillor Iannella: Commemorating 73rd anniver- sary of Proclamation of a Free and Sovereign Ukrainian National Republic (Docket No. 0224); Frederick L. Sex- ton (Docket No. 0225); Frederick J. Watson (Docket No. 0226).

On matter of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillors Iannella and O'Neil: Lithuania's Fight for Freedom (Docket No . 0229) .

Councillor Hennigan Casey: Sandra Storey (Docket No. 0230).

Councillor Kelly: Jack Geary (Docket No. 0231).

Councillor Menino: Barbara Morrill (Docket No. 0232).

The matters contained within the Consent Agenda were severally adopted.

NEXT MEETING

Coun. BOLLING moved that when the Council ad- journs today it be to meet again on Wednesday, January 30, 1991, at lp.m.

The motion was carried.

Adjourned at 1:40 p.m., on motion of Councillor BOLLING, to meet on Wednesday, January 30, 1991 , at 1 p.m.

Note: all debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

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CITY OF BOSTON

Proceedings of City Council

Wednesday, January 30, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall , at 1 p . m ., President IANNELL A in the chair. Absent, Councillor Travaglini.

INVOCATION

Sister Mary Hennessey of the Jesuit Urban Center de- livered the invocation, and the meeting was opened with the Pledge of Allegiance to the Flag.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor BYRNE who presented a large group of students and their adult chaperons from Costa Rica who are visiting Boston as part of an ongoing School Partnership International Pro- gram. There are from Liceo de Heredia and are here for three weeks staying with their hosts from Boston Latin School. They were welcomed and applauded by the Members of the Council.

ENVIRONMENTAL NOTIFICATION FORM (DOCKET NO. 0234)

Communication was received from Jane A. Chmielinski, Environmental Coordinator, MBTA, re: Environmental Notification Form (ENF) MBTA Acces- sibility Improvements Sullivan Square/Wellington Sta- tion Charlestown/Medford, Mass.

Placed on file.

ENVIRONMENTAL NOTIFICATION FORM (DOCKET NO. 0235)

Communication was received from Jane A. Chmielinski, Environmental Coordinator, MBTA, re: Environmental Notification Form (ENF) MBTA Red Line Vent Shaft Improvements, Boston.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0236)

Notice was received from the Department of Public Utilities of a hearing on February 5 , 1 99 1 , re Boston Gas Company.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0237)

Notice was received from the Department of Public Utilities of a hearing on February 20 , 1 99 1 , re Event Cel- lular Communications, Inc.

Placed on file.

APPROPRIATION OF $98,738.24 FOR EASTERN REGIONAL LIBRARY (DOCKET NO. 0233)

The following was received:

City of Boston Office of the Mayor

January 29, 1991. To the City Council. Dear Councillors:

I transmit for your approval an appropriation order in the amount of $98,738.24 for the Eastern Regional Li- brary from funds currently held by the Collector- Treasurer.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor of Boston.

Ordered, That from State fund received by the City under Chapter 78, s. 19 of the Massachusetts General Laws and held by the Collector-Treasurer, the sum of ninety-eight thousand seven hundred thirty dollars and twenty-four cents ($98,738.24) be, and hereby is appro- priated to the Board of Trustees in charge of the Library Department for the purposes of the Eastern Regional Li- brary.

031-110-1012 Eastern Regional Public Library $98,738.24

Passed under suspension of the rules.

NOTICE OF PROJECT CHANGE (DOCKET NO. 0238)

Communication was received from Timothy L. Tim- mermann, Beals and Thomas, Inc. re: Notice of Project Change — VFW Parkway Neighborhood Shopping Cen- ter, EOEA No. 5946, West Roxbury.

Referred to the Committee on City and Neighbor- hood Services.

NOTICE OF ABSENCE OF THE MAYOR (DOCKET NO. 0239)

Notice was received by the City Clerk from the Mayor of his absence from the City from January 23, 1991 to January 25, 1991.

Placed on file.

COMMUNICATION FROM SPECIAL ASSISTANT TO PRESIDENT BUSH (DOCKET NO. 0240)

Communication was received from Shirley M. Green, Special Assistant to the President for Presidential Mes- sages and Correspondence, re: resolution passed by the City Council, December 19, 1990, concerning the situa- tion in the Middle East.

Placed on file.

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NOTICE FROM CITY CLERK (DOCKET NO. 0241)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of December 19, 1990.

Placed on file.

recommending passage of the order. The report was accepted; the order was passed.

NOTICE FROM CITY CLERK (DOCKET NO. 0242)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of January 7, 1991 .

Placed on file.

COMMUNICATION FROM CITY CLERK RE FIL- ING BY BRA OF CERTIFICATE OF VOTE OF AUTHORITY RE FRANKLIN PARK APART- MENTS PROJECT (DOCKET NO. 0243)

Communication was received from the City Clerk of the filing by the Boston Redevelopment Authority of the "Certificate of the Vote of the Authority approving and adopting the Second Amendment to the Report and Deci- sion on the Franklin Park Apartments Project for the Ap- proval and/or Confirmation of a Change in the General Partners of Franklin Park Associates, a Previously Ap- proved Urban Redevelopment Limited Partnership".

Placed on file.

STATEMENT OF COUNCILLOR YANCEY

Having received unanimous consent to do so, Council- lor Yancey stated that the Council has not received from the administration a statement concerning incidents of vi- olence and police deployment since November 23, 1990, and that the matter should be on each Council agenda.

STATEMENT OF COUNCILLOR O'NEIL

Having received unanimous consent to do so, Council- lor O'Neil stated that the Council has been receiving statements of arrests made by the Police Department for 'years and years and nothing was done about them. He said that they are also a matter of public record, but that if the Councillor from Mattapan is insistent, then he joins in his request for the statistics, but it's a waste of time, man- power, and paper.

REPORT ON ORDER FOR TRANSFER OF LAND, FORMERLY PART OF NEPONSET AVENUE FIRE STATION, FROM FIRE DEPARTMENT TO PUBLIC FACILITIES COMMISSION (DOCKET NO. 0146)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No. 0146, message of the Mayor and order for the transfer of land, formerly part of the Nepon- set Avenue Fire Station, from the care, custody, manage- ment, and control of the Fire Department to the Public Facilities Commission (referred November 28, 1990)

REPORT ON ORDER FOR CONFIRMATION OF AP- POINTMENT OF BART J. MITCHELL AS MEM- BER OF BIDFA (DOCKET NO. 0207)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No. 0207, message of the Mayor and order for the confirmation of the appointment of Bart J. Mitchell as a member of the Boston Industrial Develop- ment Financial Authority for a term expiring April 1, 1991 (referred January 16) recommending passage of the order.

The report was accepted; the order was passed.

ORDER THAT PERSONS OR GROUPS WANTING TO DEMONSTRATE OR ASSEMBLE ON CITY HALL PLAZA OR BOSTON COMMON BE RE- QUIRED TO APPLY FOR PROPER PERMITS (DOCKET NO. 0244)

Coun. O'NEIL Offered the following:

Ordered, That persons or groups that want to demon- strate or assemble on the City Hall Plaza or the Boston Common shall apply for the proper permits for such gatherings. If the necessary permits are not issued to the individuals assembling, they shall be removed immedi- ately by the Boston Police.

Permits may be applied for at the Offices of the Real Property Department or the Parks and Recreation De- partment. The reason for such demonstration must be on the application as well as the name of the organization demonstrating.

The reason for filing this order is that various groups have conducted civil disobedience not only on the City Hall Plaza but also on the Boston Common: For example, graffiti on our public buildings, broken windows at the Kennedy Building. These offenses prevented people from going into work, obstructed traffic in the City, and cost the taxpayers thousands and thousands of dollars for overtime work for police officers.

Be it further

Ordered, That a copy of this order be sent to the Chief Justice of the Boston Municipal Court, the Chief Justice of the Superior Court, the Chief Justice of the Massachu- setts Supreme Court. Why? You might ask. The reason for this order is that the individuals, who have already been arrested and arraigned, I feel shall be given the fol- lowing sentence: Remove all graffiti from the buildings, pay all the overtime that is to be paid to the Boston Police Department for their services in overseeing these demon- strations, and be jailed until all of these recommenda- tions are complied with. Enough is enough. One example of civil disobedience happened last Thursday, January 17, 1991. It cost the City the sum of $81,000 for just one day and this amount will continue to grow if something is not done regarding these demonstrations.

Coun. O'NEIL moved passage of the order under sus- pension of the rules.

Coun. BOLLING moved that the order be tabled until the Council receives clarification of the permit process.

The motion of Coun. BOLLING was not carried, yeas 4, nays 8:

Yeas — Councillors Boiling, Hennigan Casey, Scon- dras, Yancey — 4.

Nays — Councillors Byrne, Iannella, Kelly, McCor- mack, McLaughlin, Menino, O'Neil, Salerno — 8.

On motion of Coun. O'NEIL the question first came on suspension of the rules.

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13

The rules were not suspended, yeas 7, nays 5:

Yeas — Councillors Byrne, Iannella, Kelly, McLaughlin, O'Neil, Salerno, Scondras — 7.

Nays — Councillors Boiling, Hennigan Casey, Mc- Cormack, Menino, Yancey — 5.

The order was referred to the Committee on Public Safety.

STATEMENT OF COUNCILLOR O'NEIL

Having received unanimous consent to do so, Council- lor O'Neil stated that the matter was now referred to his committee and he would tell the Council on the record that there will be no hearing and that the public would be informed by him that the Council today voted to condone blocking traffic, breaking windows, graffiti.

ORDER THAT COUNCILLORS WISHING TO USE COUNCIL CHAMBERS, CURLEY ROOM, OR PIEMONTE ROOM SUBMIT WRITTEN RE- QUEST TO COUNCIL PRESIDENT TWO WEEKS IN ADVANCE (DOCKET NO. 0245)

Coun. O'NEIL offered the following:

Ordered: That all City Councillors that use the Council Chambers, the James Michael Curley Room, the Gabriel Piemonte Room, shall put a request to use the above rooms in writing to the President of the City Council two weeks in advance as to what they are being used for. They (the Councillors) shall state in the request what the name of the organization is and the purpose of the meeting.

Further Ordered: That a copy of the request be sent to all Councillors for their review.

Referred to the Committee on Council Rules and Administration.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0246)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, January 23, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, April 24, 1991:

Kevin Peterson, administrative assistant, at $459.77 per week, full time, 35 hours.

Passed under suspension of the rules.

ORDER THAT CITY COUNCIL PROCEED TO ELECT TWO MEMBERS TO SERVE AS MAN- AGERS OF OLD SOUTH ASSOCIATION FOR MUNICIPAL YEAR 1991 (DOCKET NO. 0247)

ELECTION OF MANAGERS OF OLD SOUTH ASSOCIATION OF BOSTON (DOCKET NO. 0247)

Coun. IANNELLA offered the following:

Ordered, That the City Council proceed to elect two members to serve as managers of the Old South Associa- tion for municipal year 1991 .

Passed under suspension of the rules.

The Clerk called the roll with the following results:

For Councillor Menino: Councillors Boiling, Byrne, Iannella, McCormack, Scondras — 5.

For Councillor Byrne: Councillors Boiling, Hennigan Casey, Menino, Scondras — 4.

For Councillor Kelly: Councillors Hennigan Casey, Iannella, McCormack, Salerno — 4.

For Councillor Boiling: Councillors Byrne, O'Neil — 2.

For Councillor O'Neil: Councillors McLaughlin, Yan- cey — 2.

For Councillor Yancey: Councillors Menino, O'Neil -2.

For Councillor Iannella: Councillor Kelly — 1.

For Councillor Hennigan Casey: Councillor Kelly — 1.

For Councillor Salerno: Councillor McLaughlin — 1 .

For Councillor McLaughlin: Councillor Salerno — 1 .

For Councillor Scondras: Councillor Yancey — 1.

Councillors Byrne and Menino were declared elected as managers of the Old South Association of Boston for the year 1991.

ORDER THAT STATE AUDITOR JOSEPH DeNUCCI BE REQUESTED TO AUDIT CITY COUNCIL OFFICES (DOCKET NO. 0248)

Coun. O'NEIL offered the following:

Whereas: There have been for many years blatant abuses of the copy machines, mailings, city hall station- ery, envelopes, stamps, furniture, etc., therefore, be it

Ordered: That the Auditor of the Commonwealth Jo- seph DiNucci come into the City Council offices and conduct a complete audit of all of the above until the audit is completed, and to look into any other abuses his offices may find during an audit.

Referred to the Committee on Council Rules and Administration.

CERTAIN INFORMATION UNDER SECTION 17F RE CITY VEHICLES (DOCKET NO. 0249)

Coun. MENINO offered the following:

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, his Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1 . Number of vehicles currently part of the City's pas- senger vehicle fleet.

2. Number of vehicles disposed of through the City's surplus property disposition program since August 1 1 , 1989.

3 . Number of new passenger vehicles that have been leased/purchased since August 11, 1989.

4. Fleet utilization plans which were prepared by de- partments originally assigned vehicles.

5. Records of the Transportation Department relating to the signing out and use of cars for calendar year 1990.

Passed under suspension of the rules.

CERTAIN INFORMATION UNDER SECTION 17F RE FURNITURE PURCHASES FOR EACH DE- PARTMENT (DOCKET NO. 0250

Councillor MENINO offered the following:

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, his Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1. For each department, a listing of furniture pur- chases made between August 11, 1989 and January 1, 1991.

Passed under suspension of the rules.

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COMMITTEE ON WAYS AND MEANS TO HOLD HEARING TO REVIEW ADMINISTRATION STRATEGY RE LAYOFFS, UNPAID FUR- LOUGHS, TERMINATION INCENTIVES AND OTHER COST-SAVING MEASURES (DOCKET NO. 0251)

Coun. MENINO offered the following:

Ordered, That the City Council's Committee on Ways and Means hold a hearing to review the Administrations' strategy and planning related to layoffs, unpaid fur- loughs, termination incentives and other cost saving measures.

Referred to the Committee on Ways and Means.

CERTAIN INFORMATION UNDER SECTION 17F RE VIOLATIONS AT 145-149 KELTON STREET (DOCKET NO. 0252)

Coun. MCLAUGHLIN offered the following: Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, his Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1. Please list all activity by I.S.D. concerning the property at 145-149 Kelton Street, Ward 2 1 , Allston, be- tween February 25, 1988 until January 29, 1991, speci- fying violation notices and court action.

2. What was the disposition of Violation Notice num- ber V 02414-88 issued by Inspector J. Campagna on March 15, 1988 which noted a violation of Section 113.1 Failure to Secure a Permit to put up Sign (reading: Con- dos for Sale 277-6515)?

3. Was Notice V 02414-88 properly served on the owner of 145-149 Kelton Street? If not, why not?

4. Was there court action due to Notice V 02414-88? If not, why not? If yes, what was the result?

5 . What was the disposition of Violation Notice num- ber V 01659-89 issued by Inspector J. Kent on April 5, 1989 which noted a violation of Section 115.1 Exceeding Terms of Permit — Your Permit #5489 to Hang Sign on Side of Building Expired May 18, 1988?

6. Was Notice V 01659-89 properly served on the owner of 145-149 Kelton Street? If not, why not?

7 . Was there court action due to Notice V 0 1 659-89? If not, why not? If yes, what was the result?

8. Why does this violation continue to exist? Passed under suspension of the rules.

ORDERING CITY CLERK TO REQUIRE ALL JIT- NEY LICENSE HOLDERS TO FURNISH PROOF OF PAYMENT OF FEES DUE CITY (DOCKET NO. 0253)

Coun. MCLAUGHLIN offered the following:

Whereas, Recent reports indicate that many holders of jitney licenses approved by the City Council failed to pay fees for these licenses; and

Whereas, These fees are rightly due to the City of Boston; now, therefore, be it

Ordered, That the City Clerk shall require all holders of jitney licenses to furnish proof that the fees due to the city were paid, and to inform all such license holders that failure to provide such proof or to make the proper pay- ments may result in the revocation of these licenses by the City Council.

Referred to the Committee on Government Opera- tions.

ORDER REQUESTING MAYOR SEEK REIMBURSE- MENT FROM GSA FOR COSTS TO CITY ASSO- CIATED WITH PROVIDING SECURITY FOR FEDERAL PROPERTY AND PERSONNEL DURING DEMONSTRATIONS (DOCKET NO. 0254)

Couns. BYRNE, HENNIGAN CASEY, SCON- DRAS , YANCEY, and all the Councillors offered the fol- lowing:

Whereas, The City of Boston has provided security to U.S. Government buildings during recent public demon- strations; and

Whereas, The cost of police overtime and detail can be burdensome to the City's budget in these times of fiscal uncertainty; and

Whereas, The federal government has reimbursed po- lice departments in other cities and has contracted to pay for security; Now, Therefore, Be It

Ordered, That the Mayor be directed to seek reim- bursement from the federal government through the Gen- eral Services Administration for all costs to the City of Boston associated with providing security for federal property and personnel.

Passed under suspension of the rules.

ORDER REQUESTING MASSACHUSETTS CON- GRESSIONAL DELEGATION TO PETITION PRESIDENT TO PURSUE WAR CRIMINAL CHARGES AGAINST SADDAM HUSSEIN (DOCKET NO. 0255)

Coun. KELLY offered the following:

Whereas, Saddam Hussein has purposefully and will- fully committed acts against mankind, employing chemi- cal and biological weapons against his own people, and has threatened the use of these weapons against allied forces in the Middle East; and

Whereas, Saddam Hussein has also ordered the reck- less and destructive pollution of the Middle East environ- ment by setting fire to oil wells in Kuwait and draining tens-of-millions of gallons of crude into the Arabian Sea, both acts serving no legitimate military purpose but rather meant to terrorize civilians, create untold ecologi- cal and environmental disaster, and cause death to wild- life in the region; and

Whereas, Saddam Hussein has launched missiles against civilian populations in Israel and against Arab neighbors in Saudi Arabia, and has threatened continued use of these weapons against nations who oppose his ma- niacal regime; and

Whereas, Saddam Hussein has ordered terrorist at- tacks against civilian populations around the world; and

Whereas, Saddam Hussein has committed, and has or- dered committed acts of atrocity against countless human beings who opposed his sadistic rule; and

Whereas, Saddam Hussein has used children and women and prisoners of war as human shields to protect his criminal behavior; be it therefore

Ordered, That the Boston City Council herein assem- bled orders the City Clerk to forward a copy of this docu- ment to each member of the Massachusetts congressional delegation as well as the President of the United States, and by this action hereby requests the Massachusetts con- gressional delegation to petition the president to pursue war criminal charges against Saddam Hussein and those members of his regime engaged in the atrocities de- scribed above; and be it further

Ordered, That the Boston City Council hereby orders the City Clerk to forward a copy of this document to Gen- eral Colin Powell as an indication of its support of the servicemen and women involved in Operation Desert Storm; and be it further

JANUARY 30, 1991

15

Ordered, That the Boston City Council hereby further orders the City Clerk to forward a copy of this document to the General Secretary of the United Nations.

Passed under suspension of the rules.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that one late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The matter was added to the Agenda.

ORDER AUTHORIZING BOSTON TO APPLY TO DEPARTMENT OF INTERIOR FOR URBAN PARK AND RECREATION RECOVERY PRO- GRAM REHABILITATION GRANT (DOCKET NO. 0264)

The following was received:

City of Boston Office of the Mayor

January 30, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the City to apply for funds not to exceed two hun- dred fifty thousand dollars ($250,000) for the rehabilita- tion of the Winthrop Playground in Roxbury, Massachusetts, in the form of an Urban Park and Recrea- tion Recovery Program Rehabilitation Grant from the United States Department of the Interior under the Urban Park and Recreation Recovery Program of the National Park Service.

I urge your Honorable Body to pass this order as soon as possible so that the City may expeditiously submit its application.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Interior under the Urban Park and Recreation Recovery Act of 1978 (Pub. L. 95-625) in an amount not to exceed two hundred fifty thousand ($250,000); and in connec- tion therewith to execute and deliver such documents as may be required by the federal government, and to act as the authorized representative of the City of Boston in con- nection with said application.

On motion of Coun. MENTNO, the rules were sus- pended; the order was passed.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: Patricia A. Foley (Docket No. 0256); Father Thomas J. Reilly (Docket No. 0257).

Councillor Boiling: Freeman A. Woodson, Jr. (Docket No. 0258); Gloria Mayfield (Docket No! 0259).

Councillor Byrne: Robert E. Powers (Docket No. 0260).

Councillor O'Neil: Mary J. Bertolon (Docket No. 0261).

Councillor Byrne, for all the Councillors: Welcoming delegation from Liceo de Heredia in Costa Rica (Docket No. 0262).

Councillor Salerno: Jack Curry (Docket No. 0263).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matter to the Con- sent Agenda:

Councillors Iannella, Menino, and McLaughlin: Con- demning unprovoked attacks by Iraq on Israel. (Docket No. 0265).

The matters contained within the Consent Agenda were severally adopted.

Whereas, Funds in the amount of nineteen million eight hundred ninety-five thousand dollars ($19,895,000) for Fiscal Year 1991 have been appropri- ated by Congress for the funding of park rehabilitation projects under the Urban Park and Recreation Recovery Act of 1978 (Pub. L. 95-625); now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be and hereby is, authorized to apply for fi- nancial assistance to the United States Department of the

Adjourned at 2:07 p.m., on motion of Councillor Byrne, to meet on Wednesday, February 6, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

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CITY OF BOSTON

Proceedings of City Council

Wednesday, February 6, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair and all the members present.

INVOCATION

Reverend Robert F. Quinn, C.S.R, of the Park Street Corporation, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITOR TO CITY COUNCIL

President IANNELLA introduced Councillor SA- LERNO who presented a citation to Mr. Jack Curry from the Inspectional to express appreciation to him and his co-workers for their Services Department care and consideration for sponsoring a Christmas party for the people at Bellflower Court in Dorches- ter.

ORDER FOR CONFIRMATION OF APPOINT- MENT OF CERTAIN WEIGHERS OF GOODS (DOCKET NO. 0266) The following was received:

City of Boston Office of the Mayor

January 29, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by the City of Boston Code, Ordinances, Chapter II, Section 2- 7.2, I hereby appoint, subject to confirmation by your Honorable Body, the following named persons as Weighers of Goods for a one-year term beginning with the first day of May, 1990:

James Ardolino, 107 Francis Street, Everett, MA 02149.

Robert J. Martocchio, 19 Hawes Street, Revere, MA 02151.

Mahesh G. Tailor, 49 Hudson Street, Somerville, MA 02143.

The commission of all Weighers of Goods not named herein or in Docket No. 0659 and Docket No. 1204 expires on April 30, 1990 and such Weigh- ers of Goods are hereby removed from office from and after May 1, 1990.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That pursuant to City of Boston Code, Ordinances Chapter II, Section 2-7.2, the following named persons, having been appointed to be Weigher of Goods for the term of one year ending April 30, 1991, be, and hereby is, confirmed.

James Ardolino, 107 Francis Street, Everett, MA 02149.

Robert J. Martocchio, 19 Hawes Street, Revere, MA 02151.

Mahesh G. Tailor, 49 Hudson Street, Somerville, MA 02143.

On motion of Coun. McLAUGHLIN, the rules were suspended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINT- MENT OF CONSTABLE (DOCKET NO. 0267)

The following was received:

City of Boston Office of the Mayor

February 5, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the person named on the enclosed or- der as Constable of the City of Boston, authorized to serve civil process upon filing of bond, for the per- iod commencing May 1, 1990 and ending April 30, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the appointment of the following named person as Constable of the City of Boston for the period commencing May 1, 1990 and ending April 30, 1991 be, and hereby is confirmed.

Robert A. Scopa, 164 Chelsea Street, East Boston.

On motion of Coun. TRAVAGLINI, the rules were suspended; the order was passed.

CRIME STATISTICS FOR PERIOD 11/24/90 TO 11/30/90 (DOCKET NO. 0268)

The following was received:

City of Boston Office of the Mayor

February 5, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing November 24, 1991 and ending November 30, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 12/1/90 THROUGH 12/7/90 (DOCKET NO. 0269)

The following was received:

City of Boston Office of the Mayor

February 5, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing December 1, 1990 and ending December 7, 1990.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 12/8/90 THROUGH 12/14/90 (DOCKET NO. 0270)

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The following was received:

City of Boston Office of the Mayor

February 5, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing December 8, 1990 and ending December 14, 1990.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 12/15/90 THROUGH 12/21/90 (DOCKET NO. 0271)

The following was received:

City of Boston Office of the Mayor

February 5, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing December 15, 1990 and ending December 21, 1990.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

JITNEY APPLICATION (DOCKET NO. 0272)

Petition was received from Spence Transportation, Inc., for license to operate motor vehicles for the carriage of passengers for hire over certain streets in Boston.

Referred to the Committee on Commerce and Transportation.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0273)

Notice was received by the City Clerk from the Mayor of the appointment of Jane Blackburn as a member of the Rent Equity Board for a term expiring January 6, 1992.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0274)

Notice was received from the Department of Public Utilities of hearing on February 15, 1991, re Matrix Telecom.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0275)

Notice was received from the Department of Public Utilities of hearing on March 4, 1991, re CO., Inc.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0276)

Notice was received from the Department of Public Utilities of hearing on March 6, 1991, re Franklin County Cellular.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 0277)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of Jan- uary 16, 1991.

Placed on file.

COMMUNICATION FROM ADMINISTRATOR OF RENT EQUITY BOARD (DOCKET NO. (0278)

Communication was received by the City Clerk from Constance J. Doty, Administrator, Rent Equity Board, transmitting a certified copy of Regulation 3 — Procedure for Landlord Petition for Adjustment.

Placed on file.

COMMUNICATION FROM EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE (DOCKET NO. 0279) Communication was received from John F. Brad- shaw, Executive Office for Administration and Fi- nance, Division of Capital Planning and Operations, re: temporary availability of state owned property on Brighton and Caldwell Streets. Placed on file.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF VICTORIA WILLIAMS AS MEMBER OF BOSTON WATER AND SEWER COMMISSION FOR TERM EXPIR- ING 1/4/93 (DOCKET NO. 0206) Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0206, message of the Mayor and order for confirmation of the appointment of Victoria Williams as a member of the Boston Water and Sewer Commission for a term expiring January 4, 1993 (referred January 16) recommending the ap- pointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND GRANT OF $972,000 FROM STATE DEPARTMENT OF PUBLIC WORKS TO FUND SERVICES NECESSI- TATED BY CENTRAL ARTERY/TUNNEL PROJECT (DOCKET NO. 0227) Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0227, message of the Mayor and order authorizing the City to accept and expend a grant of $972,000 from the Massachusetts Depart- ment of Public Works for the purpose of funding a broad range of services necessitated by the Central Artery /Tunnel Project (referred January 16) recom- mending passage of the order. The report was accepted; the order was passed.

CERTAIN INFORMATION UNDER SECTION 17F

RE VIOLATIONS AT 34 PRATT STREET

(DOCKET NO. 0280)

Coun. McLAUGHLIN offered the following:

Ordered, That, under the provisions of Section 17F

of Chapter 452 of the Acts of 1948, as amended, and

FEBRUARY 6, 1991

19

under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

ORDER OF COUNCILLOR McLAUGHLIN RE- QUESTING CERTAIN INFORMATION FROM THE INSPECTIONAL SERVICES DEPARTMENT

1) Please list all activity by I.S.D. concerning the property at 34 Pratt Street, Ward 21, Allston, be- tween February 1, 1985 and January 31, 1991, speci- fying violation notices and court action.

2) What was the disposition of Violation Notice number V02284-85 issued by Inspector J. Campagna on February 13, 1985 which noted a violation of Section 113.1 Failure to Secure a Permit to Change Legal Occupancy to 4 Apartments?

3) Was notice V 02284-85 properly served on the owner of 34 Pratt Street? If not, why not?

4) Was there action due to notice V 02284-85? If not, why not? If yes, what was the result?

5) What was the disposition of Violation Notice number V021 11-85 issued by Inspector J. Campagna on March 15, 1985 which noted a violation of Sec- tion 113-1 Failure to Secure a Permit to Change Le- gal Occupancy from Private Dwelling to Lodging House?

6) Was notice V 02111-85 properly served on the owner of 34 Pratt Street? If not? why not?

7) Was there court action due to notice V02111- 85? If not, why not? If yes, what was the result?

8) What was the disposition of Violation Notice number V021 12-85 issued by Inspector J. Campagna on March 15, 1985 which noted a violation of Sec- tion 113.1 Failure to Secure Permit to Change Legal Occupancy to Include Basement Apartment?

9) Was notice V021 12-85 properly served on the owner of 34 Pratt Street? If not, why not?

10) Was there court action due to notice V02112- 85? If not, why not, If yes, what was the result?

,11) What was the disposition of Violation Notice number V04046-87 issued by Inspector J. O'Brien on April 1, 1987 which noted a violation of Section 113.1 Failure to Secure a Permit to do Exterior Ren- ovations Put on New Front Stairs?

12) Was notice V04046-87 properly served on the owner of 34 Pratt Street? If not, why not?

13) Was there court action due to notice V04046- 87? If not, why not? If yes, what was the result?

14) What was the disposition of Violation Notice number V008 18-89 issued by Inspector J. Campagna on November 23, 1988 which noted a violation of Section 113.1 Failure to Secure a Permit to Change Occupancy to Include an Office (Landmark Enter- prises) in Basement?

15) Was notice V008 18-89 properly served on the owner of 34 Pratt Street? If not, why not?

16) Was there court action due to notice VO0818- 89? If not, why not? If yes, what was the result?

17) What was the disposition of Violation Notice number V00562-89 issued by Inspector L. Brushi on September 30, 1988 which noted a violation of Sec- tion 113.1 Failure to Secure a Permit to Change the Occupancy of this Building from a 2 Family to a 2 Family plus Office in Basement?

18) Was notice V00562-89 properly served on the owner of 34 Pratt Street? If not, why not?

19) Was there court action due to notice V00562- 89? If not, why not? if yes, what was the result?

20) Why do these conditions continue to exist? Passed under suspension of the rules.

SUPPORTING EFFORTS OF WORLD CUP BOSTON '94 TO HAVE BOSTON/FOXBORO SELECTED AS 1994 WORLD CUP VENUE SITE (DOCKET NO. 0281)

Coun. SALERNO offered the following:

Whereas, upon application made by the United States Soccer Federation (the "Federation"), the rec- ognized national governing body for soccer within the United States, the Federation Internationale de Football Association ("FIFA"), the world governing body for soccer, has designated the United States as host country for the 1994 World Cup, the world's largest single sport event; and

Whereas, the City of Boston has within its jurisdic- tion facilities and their premises, access roads, thor- oughfares and other areas which may be used for purposes of organizing, financing, promoting, accom- modating, staging and conducting the 1994 World Cup and its related activities; and

Whereas, hosting the 1994 World Cup will gener- ate international goodwill, enhance the worldwide re- nown and prestige of the City of Boston, produce new jobs and create substantial beneficial economic and fiscal activity; and

Whereas, the World Cup '94 Organizing Commit- tee (the "Organizing Committee"), the entity autho- rized by FIFA and the Federation to organize and stage the 1994 World Cup, has requested a declara- tion of support from the City of Boston with regard to making best efforts concerning the performance of reasonably necessary governmental services in con- nection with the event as part of the formal bid made by Boston World Cup '94 to be designated as a 1994 World Cup venue; therefore be it

Resolved that the City of Boston welcome the 1994 World Cup to its jurisdiction and to that end declare its support of the efforts of World Cup Boston '94 to have Boston/Foxboro selected as a 1994 World Cup venue site; and be it further

Resolved that, upon designation of Boston/Foxboro as a 1994 World Cup venue, and at all times thereaf- ter, the City of Boston, and its agencies, departments and personnel, agree to make best efforts to provide governmental services (including without limitation public safety, security, fire and medical emergency, traffic control, decorative display, and public works/ street maintenance services and supplies) reasonably necessary to the success of the 1994 World Cup within its jurisdiction (whether, rcognizing the uniqueness and extraordinary scope of the World Cup, such services are below, equal to or beyond the normal level and range of governmental services usu- ally provided for events held within the jurisdiction), including all planning, training, or deployment activi- ties related to the provision of such services, all at no cost, expense or liability to the Organizing Commit- tee; and be it further

Resolved that the City of Boston agree that neither FIFA, the Federation, the Organiziang Committee nor any director, member, officer, employee or other rep- resentative of FIFA, the Federation or the Organizing Committee shall be held accountable for or incur any financial responsibility or liability of any kind or na- tur whatsoever in connection with the governmental services planned and/or provided relating to the 1994 World Cup.

The resolution was adopted under suspension of the rules.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING RE PUBLIC WORKS PROJECTS PLANNED FOR 1991 CONSTRUCTION PERIOD (DOCKET NO.

0282)

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Coun. KELLY offered the following:

Whereas, One of the basic responsibilities of city government is to maintain safe roadways and attrac- tive, well lit sidewalks; and

Whereas, Due to many factors: age; wear and tear by countless thousands of vehicles; and especially street openings by utility companies, some streets and/or sidewalks are in worse condition than others and are in need of immediate repair; be it therefore

Ordered, That the Committee on City and Neigh- borhood Services conduct a public hearing to discuss what public works projects are planned for the 1991 construction period in each of the nine city council districts; the anticipated starting and completion dates; and the cost and scope of work for each pro- ject; and be it further

Ordered, The Gordon Barnes of the Public Works Department; a representative of the Parks & Recrea- tion Department; and, if any of these projects are be- ing funded by Capital Planning, a representative of that department, be invited to attend.

Referred to the Committee on City and Neigh- borhood Services.

COMMITTEE ON COMMERCE AND TRANS- PORTATION TO HOLD HEARING RE 911 CALLS FROM CERTAIN NEIGHBORHOODS (DOCKET NO. 0283)

Couns. SCONDRAS, HENNIGAN CASEY, and MENINO offered the following:

Whereas, In certain neighborhoods of Boston, tele- phones have suburban exchanges; and,

Whereas, Calls to 911 by residents of those neigh- borhoods are sent to the suburban police department; and,

Whereas, This causes delays and confusion, espe- cially if emergency calls are originating from a pub- lic telephone; and,

Whereas, The report of the Perambulation Commit- tee, accepted by this honorable body, recommends the following: "that the Council should order that all pay phones within the city limits be programmed so that upon dialling 911, the person needing assistance will be connected with the Boston Police Depart- ment"; and,

Whereas, Police response to an emergency call was recently delayed by twenty minutes because the 911 call went to the Brookline police department; and,

Whereas, Enhanced 911 should alleviate this prob- lem, but is not now available, and therefore residents who attended the most recent Mission Hill Crime Committee meeting requested immediate action be taken so that delays in response time will be reduced; Now, Therefore, Be It

Ordered, That the Committee on Commerce and Transportation hold hearings and invite New England Telephone to help solve this potentially disastrous sit- uation.

Referred to the Committee on Commerce and Transportation.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that two late-filed matters in the hands of the City Clerk be added to the Agenda. The motion was carried.

The two matters were added to the Agenda to be individually considered.

REPORT ON ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND GRANT OF $5,884,371 FROM EEO PROGRAM TO IN- SURE HIGH QUALITY OF EDUCATION IN BOSTON PUBLC SCHOOLS (DOCKET (0165)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0165, message of the Mayor and order authorizing the City to accept and expend a grant of $5,884,371 from the Equal Education Op- portunity Program for the purpose of insuring a high quality of education in the Boston Public Schools (re- ferred December 19, 1990) recommending passage of the order.

The report was accepted; the order was passed.

SPECIAL COMMITTEE ON INTERGOVERN- MENTAL RELATIONS TO HOLD HEARING RE FEDERAL SPENDING PRIORITIES (DOCKET NO. 0292) Coun. SALERNO offered the following: Whereas, The Commonwealth has faced a serious fiscal crisis furing 1989 and 1990 resulting in cuts in State funding for programs in housing, child care, education, and other vital social programs; and

Whereas, There have been significant reductions in state spending and in the number of state employees in 1990; and

Whereas, Reductions in state spending and the sub- sequent loss of services has placed an increased bur- den on cities and towns in the Commonwealth; and

Whereas, The State of Massachusetts is presently experiencing financial difficulty as a result of a na- tionwide period of economic recession; and

Whereas, The newly elected Massachusetts admin- istration has announced plans for further cuts in state spending and lay-offs of state workers in the near fu- ture; and

Whereas, The newly elected Massachusetts admin- istration has proposed a reduction in local for the coming fiscal year; and

Whereas, A decrease in local aid will certainly lead to further cuts in City spending, additional lay- offs of City employees, and a subsequent reduction of city services; and

Whereas, The City of Boston has recently an- nounced the strong possibility of cuts in city spend- ing and the laying off of city employees in order to maintain a balanced budget; and

Whereas, During the last decate military spending has more than doubled, while federal spending for housing, education, child care, health care, and other vital services has been reduced; and

Whereas, The State of Massachusetts has lost $4.3 billion in federal social program funding between 1981 and 1988, forcing the Commonwealth to expend additional funds in order to respond to the loss of federal funds; and

Whereas, The estimated costs of U. S. military action in the Gulf if the present war were to continue for 6 months is $100 billion, above and beyond the current fiscal year 1992 Defense Budget estimated at $300 billion; and

Whereas, The Special Committee on Intergovern- mental Relations shall concern itself with the coordi- naiton of efforts to provide services and maximize revenues available to the City of Boston from state and federal sources; therefore it be

Order, That the Special Committee on Intergovern- mental Relations hold a public hearing to discuss fed- eral spending priorities and what impact these spend- ing priorities have on state and local services and programs.

Referred to the Special Committee on Intergov- ernmental Relations.

FEBRUARY 6, 1991

21

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Salerno: Patti Sartori (Docket No. 0284); Bernadetta White (Docket No. 0285).

Councillor Iannella: Lithuania (Docket No. 0286).

Councillor Travaglini: Albert and Josephine Costa (Docket No. 0287).

Councillor Yancey: Captain Anthony J. Watson, U.S.N. (Docket No. 0288); Jibreel Khazan (Docket No. 0289).

Councillor McLaughlin: Jack Frost (Docket No. 0290).

Councillor Boiling: Agnes L. Gough (Docket No. 0291).

On motion of Councillor Ianneall, Rule 11 was suspended in order to add the following matter to the Consent Agenda:

Councillor Salerno: The Women's Italian Club of Boston (Docket No. 0293).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 1:25 p.m., on motion of Councillor Hennigan Casey, to meet on Wednesday, February 13, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

PRINTING SECTION

CITY COUNCIL

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CITY OF BOSTON

Proceedings of City Council

Wednesday, February 13, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m.. President IANNELLA in the chair and all the members present.

INVOCATION

Reverend George D. Vartzelis, Sacred Heart Par- ish, Roslindale, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor SA- LERNO who presented to the Boston Women's Ital- ian Club a citation from the Council congratulating them on their achievements and wishing them well as they celebrate their 75th anniversary in July of this year.

President IANNELLA introduced Councillor YAN- CEY who, in turn, presented Captain Anthony J. Watson, USN, who is in Boston to participate in the celebration of Black History Month, with a citation from the Council.

ORDER TO RESCIND LOAN OF $17,665,000. PREVIOUSLY APPROVED 12/27/86 AND AMENDED 3/10/89, FOR DEPARTMENT OF HEALTH AND HOSPITALS (DOCKET NO. 0294)

The following was received:

City of Boston Office of the Mayor

February 29, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a rescinding order previously approved and amended in the amount of $17,665,000 for the purposes of the De- partment of Health and Hospitals. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the loan authorization approved and amended by the Mayor on the dates and for the pur- pose listed below, be and hereby is amended by re- scinding the amount as follows: Purpose: Construction of Buildings - Department of Health and Hospitals G.L. c. 44, s. 7, cl. (3) Date Approved: December 27, 1986 Date Amended: March 10, 1989 Total Authorized Amount: $17,665,000 Amount to be Rescinded: $17,665,000 (Annexed hereto is the documentation referred to.) Referred to the Committee on Ways and Means.

ORDER FOR LOAN OF $1,580,000 FOR REMOD- ELING, RECONSTRUCTING OR MAKING EXTRAORDINARY REPAIRS TO PUBLIC BUILDINGS OF PARKS AND RECREATION DEPARTMENT AND PUBLIC FACILITIES DEPARTMENT (DOCKET NO. 0295) The following was received:

City of Boston Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $1,580,000 for the pur- pose of remodeling, reconstructing or making ex- traordinary repairs to public buildings owned by the City, for the purposes of the Parks and Recreation Department and the Public Facilities Department. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the sum of One Million Five Hun- dred Eighty Thousand Dollars ($1,580,000) be, and hereby is, appropriated for remodeling, reconstruct- ing or making extraordinary repairs to public build- ings owned by the City, including original equipment and landscaping, paving and other site improvements incidental or directly related to such remodeling, re- construction or repair, for the purposes of the Parks and Recreation Department and the Public Facilities Department; and that to meet said appropriation the Collector-Treasurer be, and hereby is, authorized un- der Clause (3A) of Section 7 of Chapter 44 of the General Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebt- edness of the City up to said amount. Referred to the Committee on Ways and Means.

ORDER FOR LOAN OF $5,390,000 FOR REMOD- ELING, RECONSTRUCTING OR MAKING EXTRAORDINARY REPAIRS TO PUBLIC BUIDLINGS, INCLUDING LIBRARY DE- PARTMENT, REAL PROPERTY DEPART- MENT, PUBLIC WORKS DEPARTMENT, PUBLIC WORKS DEPARTMENT, POLICE DE- PARTMENT, AND FIRE DEPARTMENT (DOCKET NO. 0296) The following was received:

City of Boston Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $5,390,000 for the pur- pose of remodeling, reconstructing or making ex- traordinary repairs to public buildings owned by the City, including the Library Department, the Real Property Department, the Ptiblic Works Department, the Police Department and the Fire Department. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the sum of Five Million Three Hun- dred Ninety Thousand Dollars ($5,390,000) be, and hereby is, appropriated for remodeling, reconstruct- ing or making extraordinary repairs to public build- ings owned by the City, including original equipment

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and landscaping, paving and other site improvements incidental or directly related to such remodeling, re- construction or repair, for departments including the Library Department, the Real Property Department, the Public Works Department, the Police Department and the Fire Department; and that to meet said ap- propriation the Collector-Treasurer be, and hereby is, authorized under Clause (3A) of Section 7 of Chapter 44 of the General Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebtedness of the City up to said amount. Referred to the Committee on Ways and Means.

ORDER FOR LOAN OF $3,295,000 FOR COST OF DEPARTMENTAL EQUIPMENT TO SERVICE CITY DEPARTMENTS, INCLUD- ING DEPARTMENT OF HEALTH AND HOS- PITALS, FIRE DEPARTMENT AND PARKS AND RECREATION DEPARTMENT (DOCKET NO. 0297) The following was received:

City of Boston Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $3,295,000 for the pur- pose of the cost of departmental equipment to service City departments, including the Department of Health and Hospitals, the Fire Department, and the Parks and Recreation Department. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the sum of Three Million Two Hun- dred Ninety-Five Thousand Dollars ($3,295,000) be, and hereby is, appropriated for the cost of depart- mental equipment to service City departments, in- cluding the Department of Health and Hospitals, the Fire Department, and the Parks and Recreation De- partment; and that to meet said appropriation the Collector-Treasurer be, and hereby is, authorized un- der the provisions of Clause (9) of Section 7 of Chapter 44 of the General Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebtedness of the City up to said amount.

Referred to the Committee on Ways and Means.

ORDER FOR LOAN OF $5,105,000 FOR REMOD- ELING, RECONSTRUCTING OR MAKING EXTRAORDINARY REPAIRS TO PUBLIC BUILDINGS FOR SCHOOL DEPARTMENT (DOCKET NO. 0298) The following was received:

City of Boston Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $5,105,000 for the pur- pose of remodeling, reconstructing or making ex- traordinary repairs to public buildings owned by the City, for the purposes of the School Department. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the sum of Five Million One Hun- dred Five Thousand Dollars ($5,105,000) be, and hereby is, appropriated for remodeling, reconstruct- ing or making extraordinary repairs to public build- ings owned by the City, including original equipment and landscaping, paving and other site improvements incidental or directly related to such remodeling, re- construction or repair, for the purposes of the School Department; and that to meet said appropriation the Collector-Treasurer be, and hereby is, authorized un- der Clause (3A) of Section 7 of Chapter 44 of the General Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebt- edness of the City up to said amount.

Referred to the Committee on Ways and Means.

ORDER FOR LOAN OF $5,105,000 FOR ACQUI- SITION OF LAND OR INTERESTS IN LAND FOR ANY PURPOSE FOR WHICH CITY IS OR MAY BE AUTHORIZED TO ACQUIRE LAND OR INTERESTS THEREIN AND FOR CONSTRUCTION OF BUILDINGS OR FOR ADDITIONS TO SUCH BUILDINGS OF PO- LICE DEPARTMENT (DOCKET NO 0299) The following was received:

City of Boston Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $5,105,000 for the pur- pose of acquisition of land, or interests in land, for any purpose for which the City is or may be autho- rized to acquire land or interests therein; and for the construction of buildings or for additions to such buildings, including the cost of original equipment and furnishings of said buildings, of the Police De- partment. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the sum of Five Million One Hun- dred Five Thousand Dollars ($5,105,000) be, and hereby is, appropriated for acquiring land, or inter- ests in land, for any purpose for which the City is or may be authorized to acquire land or interests therein; and for the construction of buildings or for additions to such buildings, including the cost of original equipment and furnishings of said buildings, of the Police Department; and that to meet said ap- propriation the Collector-Treasurer be. and hereby is, authorized under clause (3) of Section 7 of Chapter 44 of the General Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebtedness of the City up to said amount.

Referred to the Committee on Ways and Means.

ORDER FOR LOAN OF $1,890,000 FOR ACQUI- SITION OF LAND OR INTERESTS IN LAND FOR ANY PURPOSE FOR WHICH CITY IS OR MAY BE AUTHORIZED TO ACQUIRE LAND OR INTERESTS THEREIN AND FOR CONSTRUCTION OF BUILDINGS OR ADDI- TIONS TO SUCH BUILDINGS FOR DEPART- MENTS, INCLUDING PUBLIC WORKS DE- PARTMENT (DOCKET NO. 0300)

The following was received:

City of Boston

FEBRUARY 13, 1991

25

Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $1,890,000 for the pur- pose of acquisition of land, or interests in land, for any purpose for which the City is or may be autho- rized to acquire land or interests therein; and for the construction of buildings or for additions to such buildings, including the cost of original equipment and furnishings of said buildings, of the Police De- partment. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the sum of One Million Eight Hun- dred Ninety Thousand Dollars ($1,890,000) be, and hereby is, appropriated for acquiring land, or inter- ests in land, for any purpose for which the City is or may be authorized to acquire land or interests therein; and for the construction of buildings or for additions to such buildings, including the cost of original equipment and furnishings of said buildings for departments, including the Public Works Depart- ment; and that to meet said appropriation the Collector-Treasurer be, and hereby is, authorized un- der clause (3) of Section 7 of Chapter 44 of the Gen- eral Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebted- ness of the City up to said amount.

Referred to the Committee on Ways and Means.

ORDER FOR LOAN OF $1,445,000 FOR COST OF CONSTRUCTION OR RECONSTRUCTION OF BRIDGES (DOCKET NO. 0301) The following was received:

City of Boston Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $1,445,000 for the pur- pose of the cost of construction or reconstruction of bridges. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the sum of One Million Four Hun- dred Forty-Five Thousand Dollars ($1,445,000) be, and hereby is, appropriated for the cost of construc- tion or reconstruction of bridges; and that to meet said appropriation the Collector-Treasurer be, and hereby is, authorized under Clause (4) of Section 7 of Chapter 44 of the General Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebtedness of the City up to said amount.

Referred to the Committee on Ways and Means.

The following was received:

City of Boston Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $1,280,000 for the pur- pose of remodeling, reconstructing or making ex- traordinary repairs to public buildings owned by the City, for the purposes of the Department of Health and Hospitals. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the sum of One Million Two Hun- dred Eighty Thousand Dollars ($1,280,000) be, and hereby is, appropriated for remodeling, reconstruct- ing or making extraordinary repairs to public build- ings owned by the City, including original equipment and landscaping, paving and other site improvements incidental or directly related to such remodeling, re- construction or repair, for the purposes of the De- partment of Health and Hospitals; and that to meet said appropriation the Collector-Treasurer be, and hereby is, authorized under Clause (3A) of Section 7 of Chapter 44 of the General Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebtedness of the City up to said amount.

Referred to the Committee on Ways and Means.

ORDER FOR LOAN OF $1,280,000 FOR REMOD- ELING, RECONSTRUCTING OR MAKING EXTRAORDINARY REPAIRS TO PUBLIC BUILDINGS FOR DEPARTMENT OF HEALTH AND HOSPITALS (DOCKET NO. 0302)

ORDER FOR LOAN OF $4,415,000 FOR CON- STRUCTION OF MUNICIPAL OUTDOOR RECREATIONAL AND ATHLETIC FACILI- TIES, INCLUDING ACQUISITION AND DE- VELOPMENT OF LAND AND CONSTRUC- TION AND RECONSTRUCTION OF SUCH FACILITIES (DOCKET NO. 0303) The following was received:

City of Boston Office of the Mayor

February 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropria- tion order in the amount of $4,415,000 for the pur- pose of construction of municipal outdoor recrea- tional and athletic facilities, including the acquisition and development of land and the construction and re- construction of such facilities. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the sum of Four Million Four Hun- dred Fifteen Thousand Dollars ($4,415,000) be, and hereby is, appropriated for the construction of munic- ipal outdoor recreational and athletic facilities, in- cluding the acquisition and development of land and the construction and reconstruction of such facilities; and that to meet said appropriation the Collector- Treasurer be, and hereby is, authorized under Clause (25) of Section 7 of Chapter 44 of the General Laws, to issue from time to time, on request of the Mayor, bonds, notes or certificates of indebtedness of the City up to said amount.

Referred to the Committee on Ways and Means.

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CERTAIN INFORMATION UNDER SECTION L7F RE VIOLATIONS AT 44 HOBART STREET (DOCKET NO. 0304) The following was received:

City of Boston Office of the Mayor

February 11, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on January 16, 1991, regarding building violations, please find the attached response.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Listed below are the responses from the Inspec- tional Services Department regarding 44 Hobart Street:

1. Enclosed is a printout of all activity regarding 44 Hobart Street.

2. V-3597-86

To Legal 7/7/86

Violation closed 9/12/87 (Dismissed)

3. Properly served to owner on 6/19/86 G. Mc- Curdy, Constable

4. No court action

5. V 3793-85

To Legal 7/11/85

Sworn Out- 10/10/85

Court Date- 10/21/85 Docket No. 054342

Violation Closed- 9/14/87

6. Properly served on owner 7/3/85

7. Yes

8. V 190-87 (No information available)

9. V 190-87 (No information available)

10. V 190-87 (No information available)

11. V 1789-87 (No information available)

12. V 1789-87 (No information available)

13. V 1789-87 (No information available)

14. V 965-79 (No information available, but have V 349-79 which addresses the same case (See Enclosure)

15. Properly served on owner 4/9/79

16. Court Action 5/31/79

Closed 2/8/80 Robert Parsons, Inspector

17. Owners of Vacant Lot: Joseph Cicconi

46 Hobart Street Brighton, MA 02135

18. The appeal was withdrawn from the Board of Appeal. (See Enclosure)

If you have any further questions, please, do not hesitate to contact me. (Annexed hereto is the documentation referred to.) Placed on Hie.

CERTAIN INFORMAITON UNDER SECTION L7F RE VIOLATIONS AT 145-149 KELTON STREET (DOCKET NO. 0305) The following was received:

City of Boston Office of the Mayor

February 11, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on January 30, 1991, regarding building violations, please find the attached response.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Listed below are the responses from the Inspec- tional Services Department regarding 145-149 Kelton Street:

1. V 2414-88/J. Campagna signage "Condos for Sale" V 1659-89/ J. Campagana Exceeding terms of permit

2. Disposition of V 2414-88 To Legal 4/19/88 Printed 4/21/88

3. Properly served to owner on 4/21/88

4. No court action necessary Permit No. 6929 issued

Violation closed 7/20/88 by Inspector R. Mc- Cune

5. V 1659-89

Exceeding terms of permit To Legal 9/26/89 No Action Reprinted 6/22/90

6. Properly served on owner

7. Court action initiated 9/7/90 with swear-out be- fore Housing court clerk

8. Remains in court system Placed on file.

RESOLUTION REGARDING THE WAR IN THE PERSIAN GULF (DOCKET NO. 0306)

The following was received:

Whereas, the military dictatorship of Iraq, led by Saddam Hussein, has embarked on a course of wan- ton destruction and has compounded its illegal inva- sion of the Kingdom of Kuwait with savage and un- provoked attacks on the State of Israel; and

Whereas, Israel, a loyal ally of the United States, representative of the democratic principles of liberty and self-government, has demonstrated tremendous restraint in the wake of vicious Iraqi atacks on Israeli civilians; and

Whereas, the citizens of Israel, under the perpetual shadow of further Iraqi hostilities, have bravely re- spected the requests made by the government of the United States as the leader of the Allied Coalition; and

Whereas, President Bush and the men and women of our Armed Forces and the Allied Forces have demonstrated extraordinary courage in their pursuit of world peace and security; now, therefore, be it

Resolved, That we, the Mayor and the City Coun- cil of the City of Boston, acting on behalf of the City of Boston, express our abiding support for the people of Israel, for President Bush, and for the men and women serving in the Armed Forces and in the Al- lied Forces in the War in the Persian Gulf; and be it

Resolved, That the City Clerk shall forward a copy of this resolution to each member of the Massachu- setts congressional delegation as well as to the Presi- dent of the United States; and be it further

Resolved, That the City Clerk shall forward a copy of this resolution to the Israeli Consul General as an indication and reaffirmation of our solidarity with the people and government of the State of Israel.

The resolution was adopted under suspension of the rules.

CRIME STATISTICS FOR PERIOD 12/29/90 THROUGH 1/4/91 (DOCKET NO. 0307)

The following was received:

City of Boston Office of the Mayor

February 11, 1991. To the City Council.

FEBRUARY 13, 1991

27

Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing December 29, 1990 and ending January 4, 1991.

Sincerely, Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 1/5 THROUGH 1/11/91 (DOCKET NO. 0308)

The following was received:

City of Boston Office of the Mayor

February 11, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing January 5, 1991 and end- ing January 11, 1991.

Sincerely, Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 1/12 THROUGH 1/18/91 (DOCKET NO. 0309)

Trje following was received:

City of Boston Office of the Mayor

February 11, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing January 12, 1991 and ending January 18, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

APPROVAL OF CONSTABLE'S BOND (DOCKET NO. 0310)

The Constable's Bond of Robert A. Scopa, having been duly approved by the Collector-Treasurer, was received and approved.

COMMUNICATION FROM ENVIRONMENTAL REVIEW OFFICER, BRA (DOCKET NO. 0311)

Communication was received from Richard Mer- tens, Environmental Review Officer, Boston Redevel- opment Authority, re: approval of waiver application #90-3-3372 for portions of the Charlestown Navy Yard, site #3-3372.

Placed on file.

COMMUNICATION FROM SENATOR JOHN F. KERRY (DOCKET NO. 0312)

Communication was received from John F Kerry, United States Senator re: resolution urging the Presi- dent and Congress to move toward a negotiated set- tlement of the middle east crises, passed by the City

Council December 19, Placed on file.

1990 (Docket No. 1430).

NOTICE FROM CITY CLERK DOCKET NO. 0313)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of Jan- uary 30, 1991.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 0314)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of Feb- ruary 6, 1991.

Placed on file.

COMMUNICATION TRANSMITTING BRA FILING RE 121 A PROJECT (DOCKET NO. 0315)

Communication was received from the City Clerk of the filing by the Boston Redevelopment Authority of the "Certificate of the Vote of the Authority ap- proving and adopting the Second Amendment to the Report and Decision on the Woodledge Apartments Chapter 121A Project".

Placed on file.

COMMUNICATION TRANSMITTING BRA FILING RE 121 A PROJECT (DOCKET NO. 0316)

Communication was received from the City Clerk of the filing by the Boston Redevelopment Authority of the "Certificate of the Vote of the Authority ap- proving and adopting the Second Amendment to the Report and Intervale-Magnolia Apartments Chapter 121 A Project".

Placed on file.

COMMUNICATION FROM JOHN A. CURRY (DOCKET NO. 0317)

Communication was received by the City Clerk from John A. Curry, Housing Inspection Department, for transmittal to the City Council, expressing appre- ciation for the resolution presented to him.

Placed on file.

REPORT ON ORDER THAT PERSONS OR GROUPS WANTING TO DEMONSTRATE OR ASSEMBLE ON CITY HALL OR BOSTON COMMON BE REQUIRED TO APPLY FOR PROPER PERMITS (DOCKET NO. 0244) Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 0244, order that persons or groups wanting to demonstrate or assemble on City Hall Plaza or Boston Common be required to apply for the proper permits (referred January 30) recom- mending passage of the order. The report was accepted.

Coun. BYRNE moved that the order be amended by striking all the words after "the name of the orga- nization demonstrating." The motion was carried. Coun. YANCEY moved that the order be amended

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by deleting the second sentence which states: "If the necessary permits are not issued to the individuals assembling, they shall be removed immediately by the Boston Police."

The motion was not carried, yeas 6, nays 7:

Yeas — Councillors Boiling, Byrne, Hennigan Ca- sey, Salerno, Scondras, Yancey — 6.

Nays — Councillors Iannella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Travaglini — 7.

Coun. BYRNE moved the previous question. The motion was carried, yeas 7, nay 6:

Yeas — Councillors Bryne, Hennigan Casey, Ian- nella, Kelly, McCormack, Menino, O'Neil — 7.

Nays — Councillors Boiling, McLaughlin, Salerno, Scondras, Travaglini, Yancey — 6.

The order, as amended, was passed, yeas 11, nays 2:

Yeas — Councillors Boiling, Byrne, Hennigan Ca- sey, Iannella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Travaglini — 11.

Nays — Councillors Scondras, Yancey — 2.

STATEMENT OF COUNCILLOR SCONDRAS

Having received unanimous consent to do so, Councillor SCONDRAS stated that he agreed with his colleague that the previous order was a symbolic one which had no effect. He stated that he would not support symbolically having a policeman walk up to four people standing on the Common and say, "You haven't got a permit; we are going to remove you." He stated that his colleagues had just voted against the First Amendment to the United States Constitu- tion.

STATEMENT OF COUNCILLOR O'NEIL

Having received unanimous consent to do so, Councillor O'Neil stated that what the order means is that when the Real Property Department learns from the people planning the demonstration that they do not have a permit, they call the Police Department. He stated that he has had his fill of civil disobedi- ence in Boston, that somebody had to do something about it, and he thanked his colleagues for joining with him to pass the order.

REPORT ON ORDINANCE DESIGNATING THE CHIEF PROCUREMENT OFFICER OF THE CITY OF BOSTON (DOCKET NO. 0130)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 0130, message of the Mayor and ordinance designating the Chief Procurement Of- ficer of the City of Boston (referred December 19, 1990) recommending the ordinance be rejected with- out prejudice.

The report was accepted; the ordinance was re- jected without prejudice.

ORDINANCE DESIGNATING THE CHIEF PRO- CUREMENT OFFICER OF THE CITY OF BOSTON (DOCKET NO. 0329) Coun. McLAUGHLIN offered the following:

City of Boston

In the Year Nineteen Hundred and Ninety One

An Ordinance Designating the Chief Procurement

Officer of the City of Boston Be it ordained by the City Council of Boston, in accordance with the provisions of Massachusetts Gen- eral Laws Chapter 43B, Section 13, and any other applicable law, as follows:

Section One. City of Boston Code, Ordinances, Chapter V, Section 5-1.3, as amended, is hereby fur- ther amended by adding after the first sentence the following sentence :-

The Deputy Director of Administrative Services shall be the chief procurement officer of the City for the purposes set forth in chapter 30B of the General Laws.

Referred to the Committee on Government Op- erations.

CERTAIN INFORMATION UNDER SECTION 17F RE CITY DEPARTMENTS OUTSIDE OF CITY HALL (DOCKET NO. (0318)

Coun. O'NEIL offered the following:

Ordered: That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1. THE NAMES OF ALL DEPARTMENTS (CITY GOVERNMENT) THAT ARE LO- CATED OUTSIDE OF CITY HALL.

2. THE EXACT LOCATIONS.

3. WHAT IS THE FUNCTION OF THE DE- PARTMENTS.

4. HOW MUCH RENT IS BEING PAID OUT TO OWNERS OF THESE BUILDINGS?

5. WHO DOES THE CITY RENT THE BUILD- INGS FROM OR DOES THE CITY OWN THEM?

6. HOW DOES THIS BENEFIT THE TAXPAY- ERS?

NOTE: A COMPLETE BREAKDOWN OF THE ABOVE.

NOTE: THIS 17F ORDER SHALL BE AN- SWERED WITHIN THE REQUIRED SEVEN DAY PERIOD.

Passed under suspension of the rules.

CERTAIN INFORMATION UNDER SECTION 17F RE OCCUPANCY PERMIT NUMBER NO. 3597 FOR PROPERTY AT 1192-1198 COM- MONWEALTH AVENUE (DOCKET NO. 0319) Coun. McLAUGHLIN offered the following: Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1) Please list all activity by I.S.D. concerning I.S.D. occupancy permit number 3597 issued on September 16, 1990 for the property at 1192-1198 Commonwealth Avenue, Ward 21, Allston.

2) How was the capacity of 1,500 persons estab- lished?

3) What documentation/compliance is required by I.S.D. of the applicant in determining the occupancy of a premises?

4) The Licensing Board for the City of Boston has issued several complaints against the establishment at 1192-1198 Commonwealth Avenue. Two of these complaints are for not having a Common Victualer license and for not having a Fire Assembly Permit for this establishment. What requirements, if any, does I.S.D. have to ensure that the applicant has the proper operating and safety permits before issuing an occupancy permit?

5) What specific documentation was supplies in the case of 1192-1198 by Owner, Lessee or Licensee

FEBRUARY 13, 1991

29

Vaspourakan, Inc., d/b/a Pizza Rock? Passed under suspension of the rules.

ORDER REQUESTING BRIGADIER GENERAL RALPH SLUSHER TO WORK WITH ACTING CHIEF OF SURGERY AT BOSTON CITY HOSPITAL TO DEVISE SYSTEM WITH MORE EQUITABLE DISTRIBUTION OF CRITICAL MEDICAL SERVICES (DOCKET NO. 0320)

Coun. BOLLING offered the following:

Whereas, Boston City Hospital (BCH) handles the most serious accident and injury cases in the Boston area as the city's major Level I Trauma Center; and

Whereas, Seventy-five thousand patients are seen annually in the Emergency Department of Boston City Hospital (BCH) and fifteen hundred of these pa- tients are victims of serious trauma; and

Whereas, Over the past seven months the chief and acting chief of trauma service at BCH in addition to the hospital's senior specialist in burn management have been called up to active service; and

Whereas, The February 24th call-up of reservist Dr. James Menzoian, Chief of Vascular Surgery at BCH marks the last of the senior surgeons on staff with the skills, talent and expertise required to direct trauma service at Boston's only acute care municipal hospital; and

Whereas, The loss of trauma and vascular surgeons threatens the ability of BCH to provide vital services that assist many of Boston's poor and medically under-served; THEREFORE BE IT

Ordered, That Brigadier General Slusher act in good faith and work with the acting Chief of Surgery and surgeon staff at Boston City Hospital to devise a system with a more equitable distribution of critical medical services so that residents in Boston's neighborhods are served in a timely and fair manner; AND BE IT FURTHER

Ordered, That the City Clerk forward a copy of this order to Brigadier General Slusher at the United States Army Hospital, Walter Reed Medical Center, Washington, D.C.

Referred to the Committee on City and Neigh- borhood Services.

Coun. BOLLING moved reconsideration of the foregoing referral; reconsideration prevailed.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0321)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, February 13, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, March 6, 1991:

Charles Clabaugh, administrative assistant, $760.15 per week, full time, 35 hours.

Passed under suspention of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0322)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, March 6, 1991 the following named person be, and hereby is, ap- pointed to the position set against his name until Wednesday, June 5, 1991:

Charles Clabaugh, administrative assistant, $526.82 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0323)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, February 13, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, March 6, 1991:

Thomas Bagley, administrative assistant, $788.48 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0324)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, March 6, 1991 the following named person be, and hereby is, ap- pointed to the position set against his name until Wednesday, June 5, 1991:

Thomas Bagley, administrative assistant, $555.15 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0325)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, February 13, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, March 6, 1991:

Martha Bagley, secretary, $704.21 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0326)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, March 6, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, June 5, 1991:

Martha Bagley, secretary, $470.88 per week, full time, 35 hours.

Passed under suspension of the rules.

COMMITTEE ON WAYS AND MEANS TO HOLD HEARING ON IMPACT OF WELD-CELLUCCI EMERGENCY PLAN FOR FISCAL RECOV- ERY ON BOSTON'S FISCAL YEAR 1992 BUDGET (DOCKET NO. 0327) Coun. MENINO offered the following: Whereas, Cuts in state revenue are being predicted; and

Whereas, These cuts along with proposed cost shifting will have an adverse affect on the fiscal year 1992 operating budget of the City of Boston; now therefore be it

Ordered, That the Committee on Ways and Means

hold a hearing on the impact of the Weld-Cellucci

Emergency Plan for Fiscal Recovery on the city of

Boston's Fiscal Year 1992 budget.

Referred to the Committee on Ways and Means.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set forth after each Councillor's name:

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CITY COUNCIL

Councillor McCormack: Mrs. Jean R. Yawkey (Docket No. 0328).

On motion of Councillor Iannella, Rule 11 was suspended in order to add the following matters to the Consent Agenda:

Councillor Iannella: Declaring March 25, 1991, "Joe and Rita Higgins Day" (Docket No. 0330).

Councillor Menino: Reverend George D. Vartzelis (Docket No. 0331).

Councillor Salerno: John Hancock Mutual Life In- surance Company (Docket No. 0332); Dan McNa- mara (Docket no. 0333); employees of the Inspec- tional Services Department (Docket No. 0334).

Councillor Yancey: Susanne I. Baaquee, D.M.D. (Docket No. 0335).

The matters contained within the Consent Agenda were severally adopoted.

NEXT MEETING

Councillor Kelly moved that when the Council ad- journ today it be to meet again on Wednesday, Febru- ary 27, 1991, at 1 p.m.

The motion was carried.

The Members of the Council rose for a moment of silent tribute to the memory of United States Con- gressman Silvio Conte.

Adjourned at 2:05 p.m. in memory of United States Congressman Silvio Conte, on motion of Councillor Kelly, to meet on Wednesday, February 27, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

PRINTING SECTION

CITY COUNCIL

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CITY OF BOSTON

Proceedings of City Council

Wednesday, February 27, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m. , President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend Thomas Duval, Bethlehem Lutheran Church, Roslindale, delivered the invocation, and the meeting was opened with the Pledge of Allegiance to the Flag.

ORDER AUTHORIZING PUBLIC WORKS DEPART- MENT TO ACCEPT AND EXPEND GRANT NOT TO EXCEED $238,600 FOR SOUTH STREET, JAMAICA PLAIN, FROM MBTA (DOCKET NO. 0336)

The following was received:

City of Boston Office of the Mayor

February 26, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order to accept and expend an amount not to exceed $238,600 for the redesign and reconstruction of South Street in Jamaica Plain, Massachusetts. The funds are made available from the Massachusetts Bay Transportation Authority acting under the provisions of Chapter 161 A of the General Laws. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Whereas, The City of Boston has entered into an agree- ment, dated December 3, 1990, with the Massachusetts Bay Transportation Authority for the redesign and recon- struction of South Street in Jamaica Plain, Massachu- setts; and

Whereas, The Massachusetts Bay Transportation Au- thority agrees to transmit to the City of Boston funds not to exceed $238,600 for the redesign and reconstruction of South Street in Jamaica Plain, Massachusetts; now, therefore, be it

Ordered, That approval be, and hereby is, given in ac- cordance with section 53A of Chapter 44 of the General Laws, to the Commissioner of the Public Works Depart- ment of the City of Boston to accept and expend an amount not to exceed two hundred thirty-eight thousand six hundred dollars ($238,600) for the redesign and re- construction of South Street in Jamaica Plain, Massachu- setts.

Referred to the Committee on the Environment and Public Works.

ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND GRANT OF $825,000 TO AID POLICE DEPARTMENT'S CRIME PREVENTION EF- FORTS IN WAR AGAINST DRUGS FROM MASSACHUSETTS COMMITTEE ON CRIMI- NAL JUSTICE (DOCKET NO. 0337)

The following was received:

City of Boston Office of the Mayor

in February 26, 1991.

To the City Council, Dear Councillors:

I transmit herewith for your approval an order autho- rizing the City of Boston to accept and expend a grant in the amount of eight hundred and twenty-five thousand dollars ($825,000.00) from the Massachusetts Commit- tee on Criminal Justice. These funds will be used to aid in the Police Department's crime prevention efforts in the war against drugs.

I urge your Honorable Body to pass this order as expe- ditiously as possible to ensure the continued successful operation of programs funded by this grant. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the City of Boston, acting by and through its Police Department, be, and hereby is, autho- rized in accordance with G.L. c. 44, s. 53A to accept and expend a grant in the amount of eight hundred and twenty-five thousand dollars ($825,000.00) from the Commonwealth of Massachusetts Committee on Crimi- nal Justice. The funds will be used to aid in the Police Department's crime prevention efforts in the war against drugs, pursuant to the purpose for which the grant was made.

Referred to the Committee on Public Safety.

ORDER AUTHORIZING CITY TO APPLY FOR GRANT NOT TO EXCEED $442,000 IN THE FORM OF EMERGENCY SHELTER GRANT FROM HUD (DOCKET NO. 0338)

The following was received:

City of Boston Office of the Mayor

February 15, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the City of Boston to apply for a grant in an amount not to exceed four hundred forty-two thousand dollars ($442,000) in the form of an Emergency Shelter Grant from the U.S. Department of Housing and Urban Devel- opment (HUD) under the Stewart B. McKinney Home- less Assistance Act, as amended (42 U.S.C. 11381- 1 1388), and the Fiscal Year 1991 HUD and Independent Agencies Appropriations Act (PL. 101-507).

I urge your Honorable Body to adopt this order as soon as possible so that the City of Boston may submit its ap- plication expeditiously.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Whereas, The Stewart B. McKinney Homeless Assist- ance Act, as amended (42 U.S.C. 11381-11388), con- tains provisions authorizing the U.S. Department of

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Housing and Urban Development (HUD) to make grants to units of general local government under the Emer- gency Shelter Grants Program for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for certain operating expenses, essential social service expenses and homeless prevention activi- ties in connection with emergency shelter for the home- less; and

Whereas, Funds in the amount of $73,164,000 have been appropriated for the Emergency Shelter Grant Pro- gram through the Fiscal Year 1991 HUD and Indepen- dent Agencies Appropriations Act (PL. 101-507); and

Whereas, The City of Boston is entitled under the pro- visions of this Act to apply for a grant not to exceed $442,000; and

Whereas, The Public Facilities Department will ad- minister the proposed Emergency Shelter Grant; now therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to apply for fi- nancial assistance to the U.S. Department of Housing and Urban Development under the Stewart B. McKinney Homeless Assistance Act, as amended (42 U.S.C. 11381-11388), for an Emergency Shelter Grant in the amount of not more than $442,000 and in connection therewith to execute and deliver such documents as may be required by the Federal Government and to act as rep- resentatives of the City of Boston in connection with said application.

Referred to the Special Committee on the Hungry and Homeless.

CERTAIN INFORMATION UNDER SECTION 17F RE VIOLATION AT 34 PRATT STREET (DOCKET NO. 0340)

The following was received:

City of Boston Office of the Mayor

February 19, 1991. To the City Council. . Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on February 16, 1991, regard- ing code violations, please find the attached response. Sincerely,

Raymond L. Flynn, Mayor of Boston.

INSPECTIONAL SERVICES DEPARTMENT

Listed below are the responses from the Inspectional Services Department regarding 34 Pratt Street:

Violation	Filed	Closed
V2283-85	2/13/85	7/19/85
V2284-85	2/13/85	9/12/87
V21 11-85	3/15/85	9/12/87
V4046-87	4/1/87	4/28/87
V818-89	11/23/88	6/27/90
V 143-89	7/20/88	12/12/88
V562-89	9/30/88	12/12/88

ORDER AUTHORIZING CITY TO EXPEND GRANT OF $660,250 FROM DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EX- PAND "BOSTON AGAINST DRUGS" (DOCKET NO. 0339)

The following was received:

City of Boston Office of the Mayor

February 26, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the City to expend a grant in the amount of $660,250 from the Department of Health and Human Services for the purpose of expanding Boston Against Drugs through a community partnership program which will provide outreach for drug prevention and education programming.

I urge your Honorable Body to pass this order as soon as possible so that the City can expend the funds in fur- therance of the purposes for which the funds are in- tended.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized, in accordance with G.L. c. 44, s53A, to expend a grant of $660,250 from the Department of Health and Human Services for the purpose of expanding Boston Against Drugs through a community partnership program which will provide outreach for drug prevention and education program- ming.

Referred to the Special Committee on Substance Abuse.

2. V2284-85

To Legal 3/26/85

3 . Notice Served No Record

4. Court action No court action

5. V21 11-85

To Legal 10/18/85

6. Properly served on owner 5/9/85 by constable

7. Court action No court action

8. V21 12-85

To legal 10/18/85

9. Notice served on owner 4/24/85

10. Court action sworn out 12/1/85 Dismissed, signed off 8/4/87

11. V4046-87

Violation corrected permit no. 3140

12. Notice served No record

13. Court action No court action

14. V818-89

To legal 9/1 1/89 Inspected 6/27/90 Closed

15. Properly served No record

16. Court action No

17. V562-89

To legal 10/26/88

18. Notice served on owner 10/31/88 by constable

19. No court action Permit No. 1309 issued Signed off by inspector 12/12/88

20. In many cases the Superior Court of the Common- wealth of Massachusetts, Housing Court, deter- mined that the defendant presented sufficient evi- dence to have Inspectional Service's complaint dismissed. In other cases, the defendant received a permit, thereby correcting the violation.

Placed on file.

FEBRUARY 27, 1991

33

CERTAIN INFORMATION UNDER SECTION 17F RE FURNITURE PURCHASES (DOCKET NO. 0341)

The following was received:

City of Boston Office of the Mayor

February 11, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request passed by your Honorable Body on January 30, 1991 , regarding furniture purchases, please find the attached response. Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

COMMUNICATION FROM PUBLIC WORKS COMMISSION (DOCKET NO. 0346)

Communication was received from Marilyn P. Cor- rado, Public Works Commission, Office of the Secretary re: approval of work done by the City in the improvement of a section of road under memorandum of agreement #32275.

Placed on file.

COMMUNICATION FROM SENATOR GEORGE J. MITCHELL (DOCKET NO. 0347)

Communication was received from George J. Mitch- ell, United States Senate regarding the war in the Persian Gulf.

Placed on file.

CERTAIN INFORMATION UNDER SECTION 17F RE CITY VEHICLES (DOCKET NO. 0342)

The following was received:

City of Boston Office of the Mayor

February 11, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on January 31, 1 99 1 , regarding city vehicles, please find the attached response. Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

COMMUNICATION FROM SENATOR EDWARD M. KENNEDY (DOCKET NO. 0343)

Communication was received from Edward M. Ken- nedy, United States Senate, regarding the war in the Per- sian Gulf.

Placed on file.

NOTICE OF HEARINGS FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0348)

Notice was received from the Department of Public Utilities of hearings re New England Telephone and Tele- graph Company.

Placed on file.

COMMUNICATION FROM MAYOR'S OFFICE OF CAPITAL PLANNING (DOCKET NO. 0349)

Communication was received from Mary Nee, Direc- tor, Mayor's Office of Capital Planning, transmitting a copy of Rebuilding Boston: A Five- Year Capital Plan Fiscal Years 1991-1995.

Referred to the Committee on Ways and Means.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0350)

Notice was received by the City Clerk from the Mayor of the appointment of Michael Smith as a member of the Conservation Commission for a term expiring April 30, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0344)

Notice was received by the City Clerk from the Mayor of the appointment of Jovita Fontanez as a member of the Conservation Commission for a term expiring on April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0351)

Notice was received by the City Clerk from the Mayor of the appointment of Michael Smith as Chairperson of the Conservation Commission.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0345)

Notice was received by the City Clerk from the Mayor of the appointment of John P. Sullivan as a member of the Conservation Commission for a term expiring on April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0352)

Notice was received by the City Clerk from the Mayor of the appointment of Thomas Mclntyre as a member of the Conservation Commission for a term expiring April 30, 1993.

Placed on file.

34

CITY COUNCIL

NOTICE FROM BRA RE PROCLAIMER OF MINOR MODIFICATIONS OF CHARLESTOWN URBAN RENEWAL AREA PROJECT NO. MASS. R-55 (DOCKET NO. 0353)

Notice was received by the City Clerk from the Boston Redevelopment Authority re: Proclaimer of Minor Mod- ifications of the Urban Renewal Plan of Charlestown Ur- ban Renewal Area Project No. Mass. R-55.

Referred to the Committee on Planning and Devel- opment.

Referred to the Committee on Commerce and Transportation.

REPORT ON ORDINANCE DESIGNATING CHIEF PROCUREMENT OFFICER OF THE CITY (DOCKET NO. 0329)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 0329, ordinance designating the Chief Procurement Officer of the City (referred February 13) recommending passage of the ordinance.

The report was accepted; the ordinance was passed.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0354)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, February 20, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, May 22, 1991:

Claire Ordile, administrative assistant, $316.09 per week, part time, 20 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0355)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, February 20, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, May 22, 1991:

Madeline Cahill, administrative assistant, $316.09 per week, part time, 20 hours.

Passed under suspension of the rules.

ORDINANCE AMENDING CBC, ORDINANCE 18 — 1.8, HAWKER'S AND PEDDLER'S LICENSE (DOCKET NO. 0356)

Coun. TRAVAGLINI offered the following: City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance Be it ordained by the City Council of Boston, in ac- cordance with the provisions of Massachusetts General Laws Chapter 43B, Section 13, and any other applicable law, as follows:

City of Boston Code, Ordinance 8—1.8 Paragraph 8, Hawker's and Peddler's License, is hereby amended by adding, after the first paragraph, the following para- graph:

"Further, this fee shall include the maintenance and cleaning of the public areas within the market lim- its by the City of Boston."

(This paragraph did appear until 1985 in Chapter 4, Section 76 of the City of Boston Code.)

COMMITTEE ON WAYS AND MEANS TO HOLD HEARING TO REVIEW STATUS OF FY91 BUDGET (DOCKET NO. 0357)

Coun. MENINO offered the following:

Ordered, That the Committee on Ways and Means hold hearings to review the status of the FY91 budget, includ- ing the levels of service being provided by various de- partments.

Referred to the Committee on Ways and Means.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING TO DETER- MINE IF CERTAIN PROJECTS ARE BEING PERFORMED IN VIOLATION OF HARMONY CLAUSE ORDINANCE (DOCKET NO. 0358)

Coun. KELLY offered the following:

Whereas, The Boston City Council had approved and the Mayor had signed into law the Harmony Clause ordi- nance which assured that all city construction projects would be performed in harmony with all trades on the job; therefore be it

Ordered, That the Committee on City and Neighbor- hood Services conduct a public hearing to determine if certain projects are being performed in violation of the Harmony Clause ordinance; and be it further

Ordered, That Corporation Counsel Joseph Mulligan, Commissioner Lisa Chapnick of the Public Facilities De- partment and representative of the Boston Building Trades be invited to attend.

Referred to the Committee on City and Neighbor- hood Services.

COMMITTEE ON HOUSING TO HOLD HEARING RE RECENT SUPREME JUDICIAL COURT RULING DECLARING IT ILLEGAL TO TAR- GET RENT SUBSIDIES TO HOMELESS PEO- PLE OVER NEEDY FAMILIES ON PUBLIC HOUSING LISTS (DOCKET NO. 0359)

Coun. KELLY offered the following:

Ordered, That the Committee on Housing conduct a public hearing to discuss the recent Supreme Judicial Court ruling declaring it illegal to target rent subsidies to "homeless" people over needy families on public hous- ing lists; and be it further

Ordered, That the Committee ascertain how many "homeless" have been given preference in BHA housing developments at the exclusion of needy families on exist- ing lists; and be it further

Ordered, That the Committee invite representatives of the Mayor's office and the BHA to attend to explain the City's policy in the above regard.

Referred to the Committee on Housing.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING RE CHANGES IN BOSTON ZONING CODE ELIMINATING RE- QUIREMENTS OF CERTAIN BOARD OF AP- PEAL APPROVAL (DOCKET NO. 0360)

Coun. KELLY offered the following: Ordered, That the Committee on City and Neighbor- hood Services conduct a public hearing into changes in

FEBRUARY 27, 1991

35

the Boston Zoning Code which eliminate the require- ments of Board of Appeal approval of projects which fall under the definition of "family units" as defined in clause 22B of Section 2-1 of the Zoning Code; and be it further

Ordered, That the Committee also ascertain why the change was proposes; and be it further

Ordered, That the Committee also ascertain why the City Council was not made aware of the proposed change, since the zoning change also eliminates neigh- borhood review of certain planned projects.

Referred to the Committee on City and Neighbor- hood Services.

ORDER REQUESTING SCHOOL COMMITTEE TO HAVE THEIR ATTORNEYS DRAFT APPROPRI- ATE ORDER TRANSFERRING PROPERTY FROM 43 MELROSE STREET SOUTHERLY TO KNOX STREET BACK TO CITY CONTROL (DOCKET NO. 0361)

Coun. KELLY offered the following:

Whereas, On or about August 27, 1908, the City of Boston transferred a parcel of land to the Boston School Department, said parcel being used to facilitate construc- tion of the Abraham Lincoln School; and

Whereas, The land in question, a parcel 10.09feet wide and approximately 110.09 feet long, from 43 Melrose Street southerly to Knox Street, bounded on the north- easterly side by the land and building located at 43 Melrose Street, and bounded on the southerly sise by a slightly elevated iron fence (property of Boston High School) has been used as a driveway by the various abut- ters of 43 Melrose Street, since approximately 1938; and

Whereas, Since neither the City of Boston nor the School Department have exercised any control of the pas- sageway since approximately 1938; and

Whereas, Under Massachusetts General Law, Chapter 86, section 2, fences erected and continued for more than twenty years will be taken as boundaries when the true boundaries are unknown, and the locus of the driveway, which is the subject of this Order, has continuously been outside the boundaries as established by the School De- partment; and

Whereas, The City Council declares it to be in the pub- lic interest to have this land transferred back to the con- trol of the City so that the City may dispose of the land in an orderly fashion; be it therefore

Ordered, That the City Clerk have delivered to each member of the School Committee and to the law offices of the School Department a copy of this Order, and be it further

Ordered, That the School Committee is respectfully requested to have School Department attorneys draft an appropriate order transferring this property back to the control of the City of Boston, Public Works Department, and that the School Committee vote at its earliest conven- ience to facilitate this transfer.

Passed under suspension of the rules.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that four late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried; the matters were added to the Agenda.

COMMITTEE ON WAYS AND MEANS TO HOLD HEARING TO EXAMINE IMPACT OF PRO- POSED CUTS AFFECTING YOUTH OF BOSTON (DOCKET NO. 0380)

Couns. SALERNO, MENTNO, and McCORMACK offered the following:

Whereas, The new State Administration has called for severe cuts in many human services programs, many which directly and indirectly serve the youth of Boston; and

Whereas, The new State Administration has proposed a cut in local aid for fiscal year 1992; and

Whereas, The estimated loss of funds to the City of Boston, due to a cut in local aid, is estimated to be ap- proximately $45 million dollars; and

Whereas, The proposed cut in local aid will result in cuts in services provided by the City of Boston; and

Whereas, There are indications that three specific pro- grams serving the youth of Boston are proposed to be eliminated — the Peer Leadership Program of the Boston Community Schools, the alternative schools program funded by the State's Juvenile Courts, and the Street Worker Program joindy funded by Boston Community Schools and the State Department of Public Health; and

Whereas, It is important to examine the impact of these and other proposed cuts on services to Boston's youth; and

Whereas, Conducting this examination prior to the City's complete budget review process is an appropriate role for the Boston City Council; therefore be it

Ordered, That the City Council's Committee on Ways and Means hold a hearing to examine the impact of pro- posed cuts affecting the youth of Boston; and be it further

Ordered, That the Committee on Ways and Means take the necessary steps to gather testimony from Boston youth who are presently served by programs funded by the City of Boston and the State of Massachusetts.

Referred to the Committee on Ways and Means.

ORDER INSTRUCTING COUNCIL STAFF DIREC- TOR TO INFORM CITY DEPARTMENTS AWARDING CERTAIN CONTRACTS THAT NO WORK IN ROOMS UNDER CONTROL OF COUNCIL PRESIDENT IS TO BE PERFORMED UNTIL AGREEMENTS WITH RESPECTIVE BUILDING TRADES ARE SIGNED (DOCKET NO. 0381)

Coun. KELLY, for all the Councillors, offered the fol- lowing:

Whereas, Many residents of Boston are members of organized labor; and

Whereas, Boston has always been a pro organized la- bor city; and

Whereas, Several contractors currently performing renovations in Boston City Hall, specifically electrical and pipe-fitting work refuse to sign agreements with I.B.E.W. — Local 103, and Pipe Fitters Local 537 re- spectively; and

Whereas, This adamant refusal to conform to commu- nity standards creates disharmony on jobs, labor disputes and results in work stoppages and pickets; be it therefore

Ordered, That to show support for members of the Boston Building Trades the Staff Director of the Boston City Council in accordance with the provisions of CBC section 1-5 is being directed to inform the City depart- ments that awarded said contracts that they are not to per- form any work in any of the rooms under the control of the President of the Boston City Council until they sign agreements with the respective building trades.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0382)

36

CITY COUNCIL

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, February 27, 1991 the following named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, May 22, 1991:

Michael J. MacDonald, Jr., secretary, $350.00 per week, full-time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0383)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, February 20, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, March 6, 1991:

Claire Ordile, administrative assistant, $632.18 per week, part-time, 20 hours.

Passed under suspension of the rules.

Councillor Yancey: Shirley Shillingford (Docket No. 0368); Clive Trail (Docket No. 0369); Cal. B. Whitworth (Docket No. 0370); Nerva Irvine (Docket No. 0371); Rupert Duntin (Docket No. 0372); Elton Byron (Docket No. 0373); Leon Mulrain (Docket No. 0374); Errol Clarke (Docket No. 0375); Roland T Peters (Docket No. 0376).

Councillor Scondras: Urging all health care profes- sionals and community health care workers to meet with Dr. Julio Alberto Cano during his visit from El Salvador (Docket No. 0377); Vecino (Docket No. 0378).

Councillor Yancey: All participants in Fifth Annual Charles C. Yancey Black History Month Bookfair (Docket No. 0379).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillors Hennigan Casey and Kelly: Dean Collotta (Docket No. 0384).

Councillor Salerno: Leonard C. Gibson (Docket No. 0385).

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Byrne: William and Alice Reardon (Docket No. 0362).

Councillor Boiling: Bishop Frank Curtis Cummings (Docket No. 0363); 372nd Infantry Veterans Association of William E. Carter Post #16, American Legion (Docket No. 0364).

Councillors Boiling and Yancey: Richard L. Taylor (Docket No. 0365); Franklin O. Ollivierre (Docket No. 0366).

Councillors McCormack for all Councillors: Robert Davis (Docket No. 0367).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 1 :22 p.m. , on motion of Councillor Mc- Cormack, to meet on Wednesday, March 6, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

PRINTING SECTION

CITY COUNCIL

37

CITY OF BOSTON

Proceedings of City Council

Wednesday, March 6, 1991 . Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m., President IAN- NELLA in the chair. Absent, Councillor BOLLING.

INVOCATION

Reverend Francis Hines of the S. M. A. Fathers deliv- ered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

DISAPPROVING ORDER THAT PERSONS OR GROUPS WANTING TO DEMONSTRATE OR ASSEMBLE ON CITY HALL PLAZA OR BOSTON COMMON BE REQUIRED TO APPLY FOR PROPER PERMIT (DOCKET No. 0244)

The following was received:

City of Boston Office of the Mayor

March 1, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body Febru- ary 13, 1991, Docket No. 0244, regarding demonstra- tions and assemblies on Boston Common and City Hall Plaza.

My reason for disapproval is that the order is an imper- missable interference with the executive and administra- tive business of the City. See St. 1948, c. 452, s. 17G, as appearing in St. 1951, c. 376, s. 1. Specifically, it is the Parks and Recreation Commission who has charge of Boston Common and who has the power to make rules and regulations for its use. CBC Ord. s. 7-4-8. Similarly, it is the Real Property Department who has charge of City Hall Plaza. CBC Ord. s. 1 1-7-4.

Both the Parks Commission and the Real Property De- partment currently have procedures in place regarding permits for the Common and the Plaza. These proce- dures take into consideration the varied requests for use of these two public places, the constitutional protections related to such use, and public safety. The proposed or- der would create confusion as to what rules apply as it does not reference existing laws and procedures. In addi- tion, while the proposed order speaks only of demonstra- tions and assemblies, Parks' and Real Property's proce- dures apply to all uses of the Common and the Plaza.

The Council's order evidences a concern for City property and public safety. I share that concern and am confident that the procedures now in place will continue to assure the safe and lawful use of both the Common and City Hall Plaza.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the order referred to.)

Assigned for further action.

ORDER APPROVING SUPPLEMENTAL APPRO- PRIATION OF $4,000,000 FOR SCHOOL DE- PARTMENT (DOCKET NO. 0386)

The following was received:

City of Boston Office of the Mayor

March 4, 1991. To the City Council. Dear Councillors:

I am hereby submitting for your consideration a sup- plemental appropriation for the Boston School Depart- ment for $4 million. If approved, this amount will in- crease the total current spending for the Boston School Department, which includes funding from the city, the state and the federal government, to approximately $440 million, which averages about $8,000 per pupil. This supplemental budget increases the FY91 appropriation for the Boston School Department from $385 million to $389 million, and represents a funding increase of $14.6 million more than was spent by the School Department last fiscal year. Since FY85, I have recommended and City Council has approved funding increases for the school system totalling $140 million. In addition, the City has also committed $ 1 65 million in its capital budget toward physical improvements of school buildings. In terms of resources granted to the Boston School Depart- ment versus the rest of city government, it is instructive to note that from January 1 , 1984 until January 1 , 1991 , City and County staffing has decreased by 37 employees; staffing for the Boston School Department has increased by 604 employees.

It is now seven months into the current fiscal year, and we are only now resolving the budget for the School De- partment. I am pleased that we can now begin to place the funding issues surrounding the FY91 budget behind us. However, the chronic overspending, the failure to deal with fiscal reality and the inability to make tough deci- sions on the part of the Boston School Committee causes concern for the future of the children in the school system and does not bode well for FY92. The fiscal prospects for the upcoming year are grim, and we do not have the lux- ury of waiting seven months to deal with both the City's and Boston School Department's budget issues. My growing concern is that the Boston School Committee's inability to control spending will cause the City of Boston to run a deficit in FY92, a situation which the people of Boston will not tolerate.

This belief is not based upon supposition, but on his- toric facts. The Boston School Department has overspent its appropriation six years in a row and the fiscal condi- tions set forth in January 14, 1991 letter dealing with FY92 have not been addressed.

It is my desire to work cooperatively with the Boston School Department in improving the quality of education and coping with difficult financial times. My goal is to improve education for all our children. We know that there are some good teachers and some good schools, but, the real issue isn't about money or about some good schools, it's about making the system work for all of the students. Cooperation, though, depends upon a willing- ness on the part of the Boston School Committee to ac- cept responsibility to fundamentally improve its educa- tional process and accept the fact that we are in a difficult financial period. Virtually every department of the City of Boston will be asked to take a budget cut next year (for most this is the third year in a row of cuts) and it is imper- ative that the Boston School Committee accept the fact that a modest operating budget reduction for FY92 needs to occur, and that a fair and constructive critical analysis needs to be performed with respect to the entire range of educational and support activities. Failure to deal with these issues will only result in continued poor educa- tional performance and a school budget deficit that runs the risk of placing the City in financial chaos.

38

CITY COUNCIL

In the spirit of attempting a more constructive relation- ship, I recommend passage of this supplemental budget. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That in addition to the appropriation hereto- fore made, and pursuant to the provisions of Chapter 224 of the Acts of 1936, as amended by Chapter 190 of the Acts of 1982, and as further amended by Chapter 701 of the Acts of 1986 and Chapter 613 of the Acts of 1987, and to meet the current operating expenses of the School Department in the fiscal period commencing July 1, 1990 and ending June 30, 1991 , the sum of four million ($4,000,000) be, and the same hereby is appropriated, said sum to be met from available funds:

School Department, $4,000,000.

Referred to the Committee on Ways and Means.

ORDER AUTHORIZING COMMISSIONER OF TRANSPORTATION DEPARTMENT TO SO- LICIT AND AWARD CONTRACT FOR PREPA- RATION AND DISPOSAL OF ABANDONED MOTOR VEHICLES FOR TERM NOT TO EX- CEED 5-1/2 YEARS (DOCKET No. 0387)

The following was received:

City of Boston Office of the Mayor

February 26, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order that au- thorizes Richard A. Dimino, Transportation Commis- sioner for the City of Boston, to solicit and award a con- tract for a term exceeding three years. This request is made pursuant to the provisions of Massachusetts Gen- eral Laws Chapter 30B, Section 12(b), in connection with a Request for Proposals being prepared by the Transportation Department seeking a company to pro- vide equipment and services for the preparation for dis- posal and final disposal of abandoned motor vehicles. The preparation of the vehicles will take place at the De- partment's facility on Frontage Road.

The authorization is for a term not to exceed five and one-half years. This authorization is requested because there are five and one-half years remaining on the current lease of the Frontage Road property, and it would be appropriate that the term of this proposed contract be co- terminous with the lease term. Also, the significant ini- tial costs which a successful bidder would incur could be spread over a sufficient period to make the proposal more attractive to prospective offerors.

I urge your Honorable Body to pass this order as soon as possible so that the Transportation Department can advertise and solicit proposals. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That Richard A. Dimino, Transportation Commissioner for the City of Boston, is hereby autho- rized, pursuant to Chapter 30B, Section 12(b) of the Massachusetts General Law, to solicit and award a con- tract for the preparation and disposal of abandoned mo- tor vehicles for a term not to exceed five and one-half years.

Referred to the Committee on Commerce and Transportation.

ORDER APPROVING APPROPRIATION OF $92,240.79 FOR EASTERN REGIONAL LI- BRARY (DOCKET No. 0388)

The following was received:

City of Boston Office of the Mayor

March 5, 1991 To the City Council. Dear Councillors:

I transmit for your approval an appropriation order in the amount of $92,240.79 for the Eastern Regional Li- brary from funds currently held by the Collector- Treasurer.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor. Ordered, That from State fund received by the City under Chapter 78, s. 19 of the Massachusetts General Laws and held by the Collector-Treasurer, the sum of ninety-two thousand two hundred forty dollars and seventy-nine cents ($92,240.79) be, and hereby is appro- priated to the Board of Trustees in charge of the Library Department for the purposes of the Eastern Regional Li- brary.

031-110-1012 Eastern Regional Public Library, $92,240.79.

On motion of Coun. Menino, the rules were sus- pended; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF PUBLIC WORKS DEPARTMENT TO ACCEPT AND EXPEND AMOUNT NOT TO EXCEED $238,600 FOR REDESIGN AND RE- CONSTRUCTION OF SOUTH STREET, JA- MAICA PLAIN, FROM MBTA (DOCKET NO. 0336)

Coun. BYRNE, on behalf of the Committee on the En- vironment and Public Works, submitted the following:

Report on Docket No. 0336, message of the Mayor and order authorizing the Commissioner of Public Works Department to accept and expend an amount not to exceed $238,600 for the redesign and reconstruction of South Street in Jamaica Plain from the Massachusetts Bay Transportation Authority (referred February 27) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING CITY TO AC- CEPT AND EXPEND GRANT OF $825,000 TO AID POLICE DEPARTMENT'S CRIME PRE- VENTION EFFORTS IN WAR AGAINST DRUGS FROM MASSACHUSETTS COMMIT- TEE ON CRIMINAL JUSTICE (DOCKET No. 0337)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 0337, message of the Mayor and order authorizing the City to accept and expend a grant of $825,000 to aid the Police Department's crime prevention efforts in the war against drugs from the Massachusetts Committee on criminal justice (referred February 27) recommending passage of the order.

The report was accepted; the order was passed.

MARCH 6, 1991

39

REPORT ON ORDER AUTHORIZING CITY TO AP- PLY FOR GRANT IN AMOUNT NOT TO EX- CEED $442,000 IN FORM OF EMERGENCY SHELTER GRANT FROM HUD (DOCKET No. 0338)

Coun. O'NEIL, on behalf of the Special Committee on the Hungry and the Homeless, submitted the following:

Report on Docket No. 0338, message of the Mayor and order authorizing the City to apply for a grant in an amount not to exceed $442,000 in the form of an Emer- gency Shelter Grant from the United States Department of Housing and Urban Development (referred February 27) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER TO RESCIND LOAN OF $17,665,000, PREVIOUSLY APPROVED ON DECEMBER 27, 1986, AND AMENDED ON MARCH 10, 1989, FOR PURPOSES OF DE- PARTMENT OF HEALTH AND HOSPITALS (DOCKET NO. 0294)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0294, message of the Mayor and order to rescind a loan of $17,665,000, previously approved on December 27, 1986, and amended on March 10, 1989, for the purposes of the Department of Health and Hospitals (referred February 13) recom- mending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 10, nays 0:

Yeas — Councillors Byrne, Iannella, Kelly, McCor- mack, McLaughlin, Menino, O'Neil, Salerno, Scon- dras, Yancey — 10.

Nays — 0.

Having received unanimous consent to do so, Council- lors Hennigan Casey and Travaglini requested that they be recorded in the affirmative on the foregoing vote.

Assigned for further action.

REPORT ON ORDER FOR LOAN OF $1,580,000 FOR REMODELING, RECONSTRUCTING, OR MAKING EXTRAORDINARY REPAIRS TO PUBLIC BUILDINGS FOR PURPOSES OF PARKS AND RECREATION DEPARTMENT AND OF PUBLIC FACILITIES DEPARTMENT (DOCKET NO. 0295)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0295, message of the Mayor and order for a loan of $1,580,000 for remodeling, re- constructing, or making extraordinary repairs to public buildings for purposes of the Parks and Recreation De- partment and the Public Facilities Department (referred February 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 1 1 , nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Yancey — 11.

Nays — 0.

Having received unanimous consent to do so, Council- lors Travaglini requested that he be recorded in the af- firmative on the foregoing vote.

Assigned for further action.

REPORT ON ORDER FOR LOAN OF $5,390,000 FOR REMODELING, RECONSTRUCTING OR MAKING EXTRAORDINARY REPAIRS TO PUBLIC BUILDINGS INCLUDING LIBRARY DEPARTMENT, REAL PROPERTY DEPART- MENT, PUBLIC WORKS DEPARTMENT, PO- LICE DEPARTMENT AND FIRE DEPART- MENT (DOCKET NO. 0296)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0296, message of the Mayor and order for loan of $5,390,000 for remodeling, recon- structing or making extraordinary repairs to public buildings including the Library Department, Real Prop- erty Department, Public Works Department, Police De- partment, and Fire Department (referred February 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 12, nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

Assigned for further action.

ORDER FOR LOAN OF $3,295,000 FOR COST OF DEPARTMENTAL EQUIPMENT TO SERVICE CITY DEPARTMENTS INCLUDING DEPART- MENT OF HEALTH AND HOSPITALS, FIRE DEPARTMENT, AND PARKS AND RECREA- TION DEPARTMENT (DOCKET NO. 0297)

Coun . MENINO , on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0297, message of the Mayor and order for loan of $3,295,000 for cost of departmental equipment to service city departments, including the De- partment of Health and Hospitals, Fire Department, and Parks and Recreation Department (referred Februaiy 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 12, nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

Assigned for further action.

REPORT ON ORDER FOR LOAN OF $5,105,000 FOR REMODELING, RECONSTRUCTING OR MAKING EXTRAORDINARY REPAIRS TO PUBLIC BUILDINGS FOR PURPOSES OF SCHOOL DEPARTMENT (DOCKET No. 0298)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0298, message of the Mayor and order for loan of $5,105,000 for remodeling, recon- structing or making extraordinary repairs to public buildings for purposes of the School Department (re- ferred February 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 12, nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

Assigned for further action.

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CITY COUNCIL

STATEMENT OF COUNCILLOR O'NEIL

Having received unanimous consent to do so, Council- lor O'Neil explained for the audience assembled in the Council Chamber the procedures of the Council being used with regard to the processing of loan orders.

REPORT ON ORDER FOR LOAN OF $5,105,000 FOR ACQUISITION OF LAND, OR INTERESTS IN LAND, FOR ANY PURPOSE FOR WHICH CITY IS OR MAY BE AUTHORIZED TO AC- QUIRE LAND OR INTERESTS THEREIN, AND FOR CONSTRUCTION OF BUILDINGS, IN- CLUDING COST OF ORIGINAL EQUIPMENT AND FURNISHINGS OF SAID BUILDINGS OF POLICE DEPARTMENT (DOCKET No. 0299)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0299, message of the Mayor and order for loan of $5,105,000 for the acquisition of land, or interests in land, for any purpose for which the City is or may be authorized to acquire land of interests therein, and for the construction of buildings, including the cost of original equipment and furnishings of said buildings of the Police Department (referred February 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 1 1 , nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 11.

Nays — 0.

Having received unanimous consent to do so, Council- lor McCormack requested that he be recorded in the af- firmative on the foregoing vote.

Assigned for further action.

REPORT ON ORDER FOR LOAN OF $1,890,000 FOR ACQUISITION OF LAND, OR INTERESTS IN LAND, FOR ANY PURPOSE FOR WHICH CITY IS OR MAY BE AUTHORIZED TO AC- QUIRE LAND OR INTERESTS THEREIN, AND FOR CONSTRUCTION OF BUILDINGS, OR FOR ADDITIONS TO SUCH BUILDING, IN- CLUDING COST OF ORIGINAL EQUIPMENT AND FURNISHINGS OF SAID BUILDINGS, FOR DEPARTMENTS INCLUDING PUBLIC WORKS DEPARTMENT (DOCKET NO. 0300)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0300, message of the Mayor and order for a loan of $1,890,000 for acquisition of land, or interests in land, for any purpose for which the City is or may be authorized to acquire land or interests therein, and for the construction of buildings, or for ad- ditions to such buildings, including the cost of original equipment and furnishings of said buildings, for depart- ments, including the Public Works Department (referred February 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 12, nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

Assigned for further action.

REPORT ON ORDER FOR LOAN OF $1,445,000 FOR COST OF CONSTRUCTION OR RECON- STRUCTION OF BRIDGES (DOCKET NO. 0301)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0301, message of the Mayor and order for loan of $ 1 ,445 ,000 for the cost of construc- tion or reconstruction of bridges (referred February 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 12, nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

Assigned for further action.

REPORT ON ORDER FOR LOAN OF $1,280,000 FOR REMODELING, RECONSTRUCTION OR MAKING EXTRAORDINARY REPAIRS TO PUBLIC BUILDINGS FOR PURPOSES OF DE- PARTMENT OF HEALTH AND HOSPITALS (DOCKET NO. 0302)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0302, message of the Mayor and order for loan of $1 ,280,000 for remodeling, recon- struction or making extraordinary repairs to public buildings for the purpose of the Department of Health and Hospitals (referred February 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 1 1 , nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey —11.

Nays — 0.

Having received unanimous consent to do so, Council- lor McCormack requested that he be recorded in the af- firmative on the foregoing vote.

Assigned for further action.

REPORT ON ORDER FOR LOAN OF $4,415,000 FOR CONSTRUCTION OF MUNICIPAL OUT- DOOR RECREATIONAL AND ATHLETIC FA- CILITIES, INCLUDING ACQUISITION AND DEVELOPMENT OF LAND AND CONSTRUC- TION AND RECONSTRUCTION OF SUCH FACILITIES (DOCKET NO. 0303)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0303, message of the Mayor and order for loan of $4 ,4 1 5 ,000 for construction of mu- nicipal outdoor recreational and athletic facilities, in- cluding acquisition and development of land and con- struction and reconstruction of such facilities (referred February 13) recommending passage of the order.

The report was accepted; the order was given its first reading and passage, yeas 12, nays 0:

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

Assigned for further action.

MARCH 6, 1991

41

URGING COLLECTOR-TREASURER TO INSERT INFORMATIONAL NOTICE IN NEXT TAX BILL TO CALL ATTENTION TO ORDINANCES RELATING TO DOGS (DOCKET NO. 0389)

Coun. HENNIGAN CASEY offered the following:

Whereas, Apparently much of the citizenry of Boston are unaware that there are City ordinances regarding dogs; and

Whereas, Among other ordinances relating to dogs, there is a "leash law" and a "dog fouling law" which carry fines for non-compliance; and

Whereas, These ordinances should be brought to the attention of citizens from time to time; and

Whereas, A proper vehicle for such notification would be an informational insert in the tax bill; Now Therefore Belt

Resolved, That the Collector-Treasurer of the City of Boston is urged to insert an informational notice in the next tax bill to call attention to these existing ordinances.

The resolution was adopted under suspension of the rules.

ORDER ACCEPTING PROVISIONS OF SECTION 57C OF CHAPTER 59 OF GENERAL LAWS (DOCKET NO. 0390)

Coun. SCONDRAS offered the following:

Whereas, Local option legislation Section 57C of Chapter 59 of the General Laws gave cities and towns the option to use quarterly tax bills as an alternative to bian- nual billing; and

Whereas, This legislation provides communities with the means to increase savings and earnings by allowing them to collect the property tax four times a year instead of twice; and

Whereas, The Boston City Council passed an order accepting the provisions of this legislation on March 28, 1990, which was disapproved by the mayor; and

Whereas, At that time the mayor stated that the Asses- sor and Collector-Treasurer would monitor the progress of this legislation; and

Whereas, At least forty-nine communities have taken advantage of this legislation and all have reported "big successes" in improvement of cash flow and reducing short term borrowing; now therefore be it

Ordered, That the provisions of Section 57C of Chap- ter 59 of the General Laws be and hereby are accepted.

Referred to the Committee on Ways and Means.

ORDER THAT COLLECTOR-TREASURER BE IN- STRUCTED TO GIVE ALL CITY EMPLOYEES OPTION OF HAVING THEIR PAY DIRECTLY DEPOSITED TO THEIR INDIVIDUAL BANK ACCOUNT (DOCKET NO. 0391)

Coun. SCONDRAS offered the following:

Whereas, Most Boston banks offer a service known as "Direct Deposit" whereby funds can be deposited auto- matically, electronically — directly into an individual ac- count; and

Whereas, With this service employees receive a dis- count on monthly maintenance fees, never worry about lost checks or mail delays, never waste valuable time waiting in line to deposit a paycheck; and

Whereas, Every Friday, representatives from the Boston Police Department, Boston Fire Department and Boston School Department journey to City Hall to pick up paychecks for all their employees; and

Whereas, In addition the Treasury Department pays

cab fares for four paymasters to deliver paychecks to em- ployees in other city locations; and

Whereas, Every week valuable work hours are lost while each department within city hall sends an em- ployee to the Treasury Department to pick up the checks, bring them back to each department and distribute them; and

Whereas, Direct deposit is already available for retir- ees of the City of Boston; now therefore be it

Ordered, That the Treasurer, Lee F. Jackson be in- structed to give all city employees the option of having their pay directly deposited to their individual bank ac- counts.

Passed under suspension of the rules.

ORDER THAT PUBLIC FACILITIES DEPART- MENT AND REAL PROPERTY DEPARTMENT MAKE EVERY EFFORT TO INSURE RE- PLACEMENT OF EXISTING BULBS WITH NEW, ENERGY-EFFICIENT LIGHT BULBS AND MAKE OTHER SPECIFIC IMPROVE- MENTS TO MEET ENERGY-EFFICIENT STANDARDS IN CITY-OWNED BUILDINGS (DOCKET NO. 0392)

Coun. SCONDRAS offered the following:

Whereas, Connecticut has passed an Act requiring public service companies to submit a plan describing each company 's plan for relamping, retrofitting light fix- tures and other retrofits, in any building to which it pro- vides electric service, owned, or leased by the state; and

Whereas, Connecticut estimates a savings of approxi- mately six million dollars from this plan; and

Whereas, In compliance with a ruling of the Common- wealth of Massachusetts Department of Public Utilities Boston Edison Company will spend two hundred and fif- teen million dollars on energy conservation programs; and

Whereas, The Boston Edison Company which sup- plies electric service to public buildings owned or leased by the City of Boston has entered into a partnership with the City of Boston, the "Boston Energy Efficiency Part- nership"; and

Whereas, At the present time the heating, ventilating and air conditioning is being upgraded in City Hall; now therefore be it

Ordered, That the Public Facilities Department and the Real Property Department make every effort to in- sure that the replacement of existing bulbs with new, en- ergy efficient light bulbs and the retrofitting of City Hall and all other buildings owned or leased by the city in- cluding all school buildings, offices, libraries and police and fire department buildings move forward as expedi- tiously as possible and that the current work being on the heating, ventilating and air condition units within city hall comply with energy efficient standards.

Passed under suspension of the rules.

ORDER THAT EVERY EFFORT BE MADE TO AC- COMMODATE DEPARTMENTS THAT MAY BE RENTING SPACE OUTSIDE OF MUNICIPALLY-OWNED BUILDINGS WITHIN EXISTING CITY-OWNED BUILDINGS (DOCKET NO. 0393)

Coun. SCONDRAS offered the following: Whereas, Since Mayor Raymond L. Flynn took office there are thirty-six fewer employees working in the City of Boston exclusive of the school department; and Whereas, At the time the mayor took office Inspec-

42

CITY COUNCIL

tional Services and the Parks and Recreation depart- ments were located within City Hall; and

Whereas, Inspectional Services, Parks and Recrea- tion, Community Schools, Assessing and the Boston Fi- nance Commission are now occupying rented space out- side City Hall at 1010 Mass. Avenue and 294 Washington St. and

Whereas, The rental fees total $1,358,215 yearly; now therefore be it

Ordered, That every effort be made to accommodate these and any other departments that may be renting space outside of municipality owned buildings within ex- isting city owned buildings.

Referred to the Committee on Ways and Means.

ORDER THAT PERSONNEL DEPARTMENT MAKE EVERY EFFORT TO PROVIDE CERTAIN AL- TERNATIVES TO LAYOFFS AND INPUT BE SOLICITED FOR ALL EMPLOYEES RE SAME (DOCKET NO. 0394)

Coun. SCONDRAS offered the following:

Whereas, The City of Boston shortfall for FY'92 has been estimated as being between eighty and one hundred million dollars; and

Whereas, At a recent hearing of the Ways and Means Committee, representatives from the Flynn administra- tion projected that the payroll for the city will be reduced by up to 1 ,500 to 3,000 employees; and

Whereas, This reduction in force will be achieved by means of attrition, retirement and layoffs; and

Whereas, It is in the best interests of the people of Boston to avoid layoffs particularly during a period of economic hardship; now therefore be it

Ordered, That the Personnel Department make every effort to provide alternatives to layoffs including but not limited to: unpaid sabbaticals of one year, four day work week, job sharing, salary deferment of from two to ten days pay, consistent with existing collective bargaining agreements and in consultation with union representa- tives where appropriate, an early retirement incentive consisting of the addition of three to five years of credit- able service; and be it further

Ordered, That a questionnaire be drawn up by the per- sonnel department to solicit input from all employees concerning these and other alternatives to layoffs and that this questionnaire be included with each employees weekly paycheck.

On motion of Coun. McLAUGHLIN, the order was referred to the Committee on Government Opera- tions.

ORDER THAT FUND FOR BOSTON NEIGHBOR- HOODS HOLD SERIES OF RAFFLES CALLED "BOSTON SWEEPSTAKES" OR OTHER AP- PROPRIATE NAME WITH ALL PROCEEDS TO BE DONATED TO EMERGENCY SHELTER COMMISSION, BOSTON COMMUNITY SCHOOLS, AND ELDERLY COMMISSION (DOCKET NO. 0395)

Coun. SCONDRAS offered the following:

Whereas, Statutory Authority for Raffles and Bazaars conducted by certain organizations exist under MGLA chapter 271 section 7 A; and

Whereas, Boston Community Schools provides many programs for children in our city; and

Whereas, The Emergency Shelter Commission coor- dinates services to the homeless of the city; and

Whereas, The Commission on the Affairs of the El-

derly supports many services to the Elderly of our city; and

Whereas, It is imperative for these organizations to have the resources needed to do their job; now therefore be it

Ordered, That the Fund for Boston Neighborhoods which meets the requirements of MGLA chapter 271 section 7A hold a series of raffles to be called the "Boston Sweepstakes" or any other appropriate name with all proceeds to be donated to the Emergency Shelter Commission, Boston Community Schools and the El- derly Commission through any legal vehicle deemed to be appropriate by the Corporation Counsel for the City of Boston.

Referred to the Committee on Ways and Means.

ORDER REQUESTING CERTAIN INFORMATION UNDER SECTION 17F RE BLUE CROSS (DOCKET NO. 0396)

Coun. SCONDRAS offered the following: Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1. Explain the nature of the City's contract(s) with Blue Cross.

2. What is the cost plus percentage rate in the Blue Cross contract for City of Boston health insurance?

3. Is there aggregate loss coverage, and if so, what are the premium rates and the attachment points?

4. Is there specific stop loss coverage, and if so, what are the premium rates and attachment points?

5. If the City's current relationship with Blue Cross consists of that company's administration of the City's self-insurance program, what would the cost of Blue Cross premiums be if the City was not self-insured?

6. Has a cost-benefit analysis been done to determine if the City could save money by becoming totally self- insured?

Passed under suspension of the rules.

BUDGET OFFICE TO MAKE ANALYSIS OF COST AND BENEFITS OF OFFERING MUNICIPAL FIRE AND CASUALTY INSURANCE AND AD- MINISTRATION TO PREPARE APPROPRIATE HOME RULE LEGISLATION (DOCKET NO. 0397)

Coun. SCONDRAS offered the following:

Whereas, One of the largest budgets of the City is the budget of the Fire Department; and

Whereas, Analysis of the Fair Plan shows that even the high risk pool of properties in Boston produce an invest- ment portfolio of significant return, making a profit in every year; and,

Whereas, Historically, Fire and Casualty insurance was the mechanism by which fire services were pro- vided; and,

Whereas, The City of Boston in the structure of its tax collection and assessing departments and in its handling of its portfolio has already in place every element of an insurance company with the exception of underwriting services; and,

Whereas, Cost savings to the taxpayers of the City could occur by consolidating tax collection and insur- ance services; now therefore be it

Ordered, That an analysis be made by the Budget Of- fice of the cost and benefits of exploring the offering of

MARCH 6, 1991

43

municipal fire and casualty insurance, including an ex- ploration of any constitutional issues involved and whether the creation of a non-profit or trust could cir- cumvent such potential constitutional issues, and, be it further

Ordered, That the Administration prepare appropriate home rule legislation which would allow the collec- tor/treasurer to offer municipal fire and casualty insur- ance, 50 percent of whose proceeds would go to under- writing the Boston Fire Department and 50 percent would be returned to the taxpayers who choose to apply for municipal insurance as a quarterly tax rebate.

Referred to the Committee on Ways and Means.

Coun. MENINO moved that a copy of the order num- bered Docket No. 0397 be forwarded by the Clerk to the Budget Office with the request that it furnish the Com- mittee on Ways and Means with its analysis of the costs and benefits of the ideas put forward in such docket on or before April 2, 1991.

The motion was carried.

URGING MAYOR CONVENE A MANAGEMENT REVIEW COMMITTEE TO CONDUCT COM- PREHENSIVE REVIEW AND AUDIT OF EFFI- CIENCY OF OPERATION OF CERTAIN DE- PARTMENTS TO IDENTIFY POSSIBLE SAVINGS (DOCKET NO. 0398)

Coun. SCONDRAS offered the following:

Whereas, The Administration has correctly identified a need for a management and fiscal audit of the School Department to identify any savings which could accrue; and

Whereas, Several other departments warrant review; and

Whereas, The City of Boston is suffering a severe fis- cal crisis, now therefore be it

Ordered, That the Mayor of the City of Boston, Raymond L. Flynn be urged to convene a management review and audit of the efficiency of the operation of the following departments: Fire Department, Police Depart- ment, Public Works Department and the Department of Health and Hospitals in order to identify any possible savings.

Passed under suspension of the rules.

URGING SPIKE LEE BRING LOCATION FILMING OF MOTION PICTURE DEPICTING LIFE OF MALCOLM X TO BOSTON (DOCKET NO. 0399)

Coun. BOLLING offered the following:

Whereas, The City of Boston has served as home to some of the most prolific and influential religious lead- ers, artists and statesmen in the history of the United States; and

Whereas, Malcolm X, then Malcolm Little, lived in the City of Boston, where he resided on Waumbeck Street, in an area formerly known as Sugar Hill in Roxbury , MA, and later in his book, The Autobiography of Malcolm X, he recalled the experience in the following manner: "No physical move in my life has been more pivotal or profound in its repercussions . . . All praise is due to Allah that I went to Boston when I did"; and

Whereas, A film chronicling the life of Malcolm X is scheduled to begin filming in September, 1991, and is designated to be released under the direction of the criti- cally acclaimed director, producer, writer and actor, Spike Lee; and

Whereas, In order to fully document and convey the story of Malcolm X, it is imperative to accurately present

the dynamic leader's life as a resident of Roxbury, Mass.; and

Whereas, The incorporation of on-site film documen- tation depicting the community of Roxbury will not only add vital credibility and authenticity to this biographical project, it will serve as an impetus and encourage the growth of business enterprise and economic develop- ment of Roxbury and the City of Boston proper; There- fore be it

Resolved, That the Boston City Council, in meeting assembled, urges Spike Lee bring location filming of the motion picture depicting the life of Malcolm X to Boston.

Passed under suspension of the rules.

Couns. O'NEIL and KELLY requested that they be recorded as voting in the negative on the foregoing vote.

OFFICE OF BUSINESS AND CULTURAL DEVEL- OPMENT TO EXPLORE OPTION TO BRING SPIKE LEE AND MEMBERS OF FORTY ACRES AND A MULE PRODUCTIONS TO BOSTON (DOCKET NO. 0400)

Coun. BOLLING offered the following:

Whereas, The City of Boston's commitment to main- taining the economic stability of its neighborhoods must be steadfastly upheld; and

Whereas, The neighborhood of Roxbury has suffered disproportionately to other neighborhoods with regard to its developmental process, there is a need to implement ways to promote economic growth and development in the community; and

Whereas, The filming of the life of Malcolm X, the dynamic leader and former resident of Roxbury 's Waumbeck Street, is scheduled to begin in September, 1991, under the direction of critically acclaimed direc- tor, producer, writer and actor, Spike Lee; and

Whereas, The incorporation of on-site footage of Roxbury into the development of this major motion pic- ture will bring both increased economic opportunity to the City of Boston and greater awareness of the history of African- Americans in this country; Therefore Be It

Ordered, That the Office of Business and Cultural De- velopment explore options to bring Spike Lee and mem- bers of the Forty Acres and a Mule Productions to Boston for location filming of the motion picture depicting the life of Malcolm X; and Be It Further

Ordered, That the City Clerk forward a copy of this order to the Executive Director of the Office of Business and Cultural Development.

Passed under suspension of the rules.

Couns. KELLY and O'NEIL requested that they be recorded in the negative on the foregoing vote.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor O'Neil: George Curran (Docket No. 0401).

Councillor Yancey: Congratulating certain persons in bringing about the reopening of the Gallivan Community Center (Docket No. 0402); Declaring March 5, 1991, "Crispus Attucks Day" (Docket No. 0403).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Yancey: Boston Edison Company (Docket

44 CITY COUNCIL

No. 0404; Julia Butler (Docket No. 0405); Sylvia Tem- The motion was carried,

pleton (Docket No. 0406); James Neil (Docket No.

0407).

The matters contained within the Consent Agenda

were severally adopted. x/^011^ * Pw A "V0^" 1 o^Z^

McLaughlin, to meet on Wednesday, March 27, 1991 , at

1 p.m.

NEXT MEETING

Coun. MCLAUGHLIN moved that when the Council Note. ^ debate of a Cound, eliminated from

adjourn today it be to meet again on Wednesday, March proceedings in accordance with Chapter 447, Acts of

27, 1991, at lp.m. |947 6 r

CITY OF BOSTON c^ilife PRINTING SECTION

CITY COUNCIL

45

CITY OF BOSTON

Proceedings of City Council

Wednesday, March 27, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

Monsignor Joseph Lahoud, Our Lady of the Ce- dars of Lebanon Church, Jamaica Plain, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor MENTNO and SCONDRAS, who, on behalf of the City Council, presented to the students of the Fenway Middle College High School and their teachers a commendation for their outstanding and exciting ap- proach to learning. Several of the students spoke on the research they had conducted in pursuit of the an- swer to the question, "What makes Boston a good place in which to live?"

DISAPPROVING ORDER INSTRUCTING TREA- SURER TO GIVE CITY EMPLOYEES OPTION OF HAVING THEIR PAY DIRECTLY DEPOS- ITED TO THEIR BANK ACCOUNT (DOCKET NO. 0391)

The following was received:

City of Boston Office of the Mayor

March 22, 1991. To the City Council. Dear Councillors:

I transmit herewith without my signature and disap- proved an order passed by your Honorable Body March 6, 1991, Docket Number 0391, which in- structs the Collector-Treasurer to give all City em- ployees the option of having their pay directly depos- ited to their individual bank accounts.

My reason for disapproval is that the order inter- jects the Council into the executive and administra- tive business of the City, which is prohibited by the Charter, St. 1948, c. 452, s. 17G, as appearing in St. 1951, c. 376, s. 1. Said s. 17G also prohibits the Council from directly or indirectly taking part in the making of contracts. Direct deposit of pay checks is a mandatory subject of collective bargaining and, therefore, the order is an impermissible interference with certain City contracts.

In addition, if the Collector-Treasurer wished to pay City employees by means of depositing their pay directly into bank accounts, the City would be re- quired to accept the provisions ofG.L. c. 41, s. 41B before he could so act. The Collector-Treasurer has informed me that the matter of direct deposit is under review by his staff. If it is deemed feasible and desir- able the Collector-Treasurer will then recommend the acceptance of s. 4 IB.

Very truly yours,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Assigned for further action.

APPROPRIATION OF $189,737.24 FOR EASTERN REGIONAL LIBRARY (DOCKET NO. 0408)

The following was received:

City of Boston Office of the Mayor

March 19, 1991. To the City Council. Dear Councillors:

I transmit for your approval an appropriation order in the amount of $189,737.24 for the Eastern Re- gional Library from funds currently held by the Collector-Treasurer.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours

Raymond L. Flynn, Mayor.

Ordered, That from State fund received by the City under Chapter 78, s. 19 of the Massachusetts Gen- eral Laws and held by the Collector- Treasurer, the sum of one hundred eighty-nine thousand seven hun- dred thirty-seven dollars and twenty-four cents ($189,737.24) be, and hereby is appropriated to the Board of Trustees in charge of the Library Depart- ment for the purpose of the Eastern Regional Li- brary.

031-110-1010 Eastern Regional Public Library, $189,737.24.

On motion of Coun. MENINO, the rules were sus- pended; the order was passed.

APPROPRIATION OF $598,864.33 FOR LIBRARY OF LAST RECOURSE (DOCKET NO. 0409)

The following was received:

City of Boston Office of the Mayor

March 22, 1991 To the City Council. Dear Councillors:

I transmit herewith an appropriation order in the amount of $598,864.33 to the Library Department for the Library of Last Recourse.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor.

46

MARCH 27, 1991

Ordered, That in addition to the appropriations heretofore made, to meet salary expenses for the Li- brary Department in the fiscal period commencing October 1, 1990 through December 31, 1990, that the sum of five hundred ninety-eight thousand eight hundred sixty-four dollars and thirty-three cents ($598,864.33) be, and the same hereby is appropri- ated, said sum to be met from the Commonwealth of Massachusetts under G. L. Ch. 78, Sec. 19C, as amended by Ch. 636, Acts of 1970.

011-110-0110, Library Department, personal serv- ices, $598,864.33.

On motion of Coun. MENINO, the rules were sus- pended; the order was passed.

GRANT OF $250,000 FROM UNITED STATES DEPARTMENT OF THE INTERIOR FOR RE- HABILITATION OF WINTHROP PLAY- GROUND IN ROXBURY (DOCKET NO. 0410)

The following was received:

City of Boston Office of the Mayor

March 22, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order au- thorizing the City to accept and expend funds not to exceed two hundred fifty thousand dollars ($250,000) for the rehabilitation of the Winthrop Playground in Roxbury, Massachusetts, in the form of an Urban Park and Recreation Recovery Program Rehabilitation Grant from the United States Department of the Inte- rior under the Urban Park and Recreation Recovery Program of the National Park Service. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Whereas, funds ins the amount of nineteen million eight hundred ninety-five thousand dollars ($19,895,000) for Fiscal Year 1991 have been appro- priated by Congress for the funding of park rehabili- tation projects under the Urban Park and Recreation Recovery Act of 1978 (Pub. L. 95-625); and

Whereas, on January 30, 1991, the City Council passed and on February 5, 1991, the Mayor approved an order to apply for a grant of these funds in an amount not to exceed two hundred fifty thousand dol- lars ($250,000); and

Whereas, by a letter dated March 8, 1991, the City was notified that it had been selected to receive a grant of two hundred fifty thousand dollars ($250,000) of such funds; now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized in ac- cordance with G.L. c. 44, s. 53A, to accept and ex- pend a grant from the United States Department of the Interior under the Urban Park and Recreation Re- covery Act of 1978 (Pub. L. 95-625) in an amount not to exceed two hundred fifty thousand dollars ($250,000).

Referred to the Committee on City and Neigh- borhood Services.

ORDER AUTHORIZING ACCEPTANCE OF $1,500 FROM EXECUTORS OF WILL OF ANNIE E. HORTON (DOCKET No. 0411)

The following was received:

City of Boston Office of the Mayor

March 22, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order au- thorizing the City of Boston, acting by and through its Collector-Treasurer, to accept funds from the Ex- ecutors under the will of Annie E. Horton, the same fund to be held in a new trust to be known as the "Annie E. Horton Fund".

Under Article II of the will of Annie E. Horton, deceased January 1, 1983, one thousand five hundred dollars ($1,500) was bequeathed in trust to the City of Boston. Said principal funds shall be distributed to the City of Boston to create and operate a fund to be known as the "Annie E. Horton Fund". The princi- pal of said fund is to remain intact and the income shall be used annually for the purchase of flowers each Memorial Day and for the care and upkeep of the Jonathan Mountford Tomb 59, Old Part Copps Hill Burial Ground, Boston, where Reuben S. White- house was buried October 22, 1963.

Approval of the City Council is necessary for the City, acting by and through its Collector-Treasurer, to accept said funds in trust.

I urge your Honorable Body to pass the attached order as expeditiously as possible in order that said trust may be established.

Respectfully,

Raymond L. Flynn, Mayor.

Whereas, Annie E. Horton, deceased January 1, 1983, bequeathed under Article 2 of her Compromise Will (proved and allowed on May 10, 1989), one thousand five hundred dollars ($1,500) in trust to the City of Boston; and

Whereas, Said Article 2 provided that the sum of one thousand five hundred dollars ($1,500) be in- cluded in the City Trust Fund under the control of said City of Boston, the income to be used for flowers each Memorial Day and for the care and up- keep of Jonathan Mountford Tomb 59, Old Part Copps Hill Burial Ground, Boston, where Reuben S. Whitehouse was buried October 22, 1963; and

Whereas, One thousand five hundred dollars ($1,500) is now due to be distributed to the City and held in trust in accordance with the will of Annie E. Horton; and

Whereas, the City of Boston Code, Ordinances, Chapter VI, Section 6-3.11 authorizes the Collector- Treasurer of the City of Boston to receive all proper- ties bequeathed to the City for any specific purpose and to use the same or the income thereof as desig- nated in the bequest; now, therefore, be it

Ordered, That pursuant to Section 53A of Chapter 44 of the Massachusetts General Laws the sum of one thousand five hundred dollars ($1,500) be and hereby is generally accepted from the executors of the will of Annie D. Horton, the same to be held by the Collector-Treasurer, in trust, the income to be ex- pended annually for the purposes set forth in her will.

On motion of Coun. IANNELLA, the rules were suspended, the order was passed.

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CERTAIN INFORMATION UNDER SECTION 17F RE HEALTH INSURANCE (DOCKET NO. 0412)

The following was received:

City of Boston Office of the Mayor

March 22, 1991 To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on March 6, 1991, regarding Health Insurance, please find the attached response.

Sincerely,

Raymond L. Flynn, Mayor.

In response to the order by Councillor David Scon- dras, the information requested is provided below.

1. The City has a contract with Blue Cross to pro- vide eligible employees with benefits specified in the Master Medical and Master Health Plus subscriber certificates. The City pays the claims incurred by subscribers of these plans. The city pays Blue Cross a fee to administer the program; the fee is calculated as a percentage of paid claims. In return, Blue Cross provides full actuarial, underwriting and claims ad- ministration services.

2. The current monthly administration fee charged by Blue Cross is 8.0% of paid claims. Effective July 1, 1991, the fee will be 5.43% of paid claims.

3. The City does not purchase aggregate stop loss coverage.

4. Specific stop loss coverage at the $150,000 level is purchased with monthly premium rates of $2.24 per individual contract and $5.55 per family contract.

5. The City would need to request a proposal from Blue Cross in order to determine their charge for providing coverage on a fully-insured basis.

6. The City self-insures its medical indemnity plans with full claims risk borne by the City.

Placed on file.

ORDER FOR PETITION FOR SPECIAL LAW RE VALIDATING CERTAIN CONTRACTS AWARDED PRIOR TO EFFECTS OF CHAP- TER 30B OF GENERAL LAWS (DOCKET NO.

0413)

The following was received:

City of Boston Office of the Mayor

March 22, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule petition for the purpose of validating certain City contracts awarded under authority of the City Charter prior to the effect of the Supreme Judicial Court de- cision in the Edwards case. As you know, the Su- preme Judicial Court on NOvember 21, 1990 found in the Edwards case that City of Boston contracts must adhere to Chapter 30B of the General Laws, the Uniform Procurement Act.

On December 11, 1990, your Honorable Body ap- proved an initial home rule petition which validated most City contracts that were voided by the court's

decision. This home rule petition, if approved, will permit goods and services to be delivered and pay- ments to be made on the remaining contracts which are in technical non-conformance with Chapter 30B.

This petition was drafted with the full cooperation and support of the Office of the Inspector General and is the only lawful means by which the City may make payments to vendors for services rendered un- der the terms of the remaining contracts.

I urge your Honorable Body to approve this peti- tion as expeditiously as possible. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors. Changes of form only:

Section 1. Notwithstanding any contrary provision of chapter thirty B of the General Laws, and further notwithstanding any contrary provision of the city charter of the city of Boston or any inconsistent pro- vision of any other general or special law, the city of Boston may lawfully make payments under any con- tract listed in the document dated March 27, 1991, entitled "Further Contracts Designated for Validation Through Special Legislation" and filed on said date in the offices of both the finance commission of the city of Boston and the city clerk of the city of Boston. Each such contract shall continue in full force and effect, subject to any special conditions set forth in said document, until the expiration date for such contract specified in said document unless such contract is terminated earlier in accordance with the terms of the contract; provided, however, that in no event shall the amount paid by the city of Boston pursuant to such contract exceed the amount specified in said document.

Section 2. This act shall take effect upon its pas- sage.

Referred to the Committee on Ways and Means.

CRIME STATISTICS FOR PERIOD 1/19/91 TO 1/25/91 (DOCKET NO. 0414)

The following was received:

City of Boston Office of the Mayor

March 22, 1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing January 19, 1991 and ending January 25, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

48

MARCH 27, 1991

CRIME STATISTICS FOR PERIOD 2/2/91 TO 2/8/91 (DOCKET NO. 0415)

The following was received:

City of Boston Office of the Mayor

March 22, 1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing February 2, 1991 and ending February 8, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 2/9/91 TO 2/15/91 (DOCKET NO. 0416)

The following was received:

City of Boston Office of the Mayor

March 22, 1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing February 9, 1991 and ending February 15, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

JITNEY APPLICATION OF DEACON TRANSPOR- TATION, INC., D/B/A OLD TOWN TROLLEY TOURS OF BOSTON (DOCKET NO. 0417)

Petition was received from Deacon Transportation, Inc., d/b/a Old Town Trolley Tours of Boston for li- cense to operate motor vehicles for the carriage of passengers for hire over certain streets in Boston.

Referred to the Committee on Commerce and Transportation.

ENVIRONMENTAL NOTIFICATION FORM (DOCKET NO. 0418)

Communication was received from Jane A. Chmielinski, Project Manager/Environmental, MBTA, transmitting a copy of the Environmental No- tification Form — MBTA South Boston Power: Gas Turbine Project.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0419)

Notice was received by the City Clerk from the Mayor of the appointment of Anne Sanders as the Executive Director of the Human Rights Commis- sion.

Placed on file.

COMMUNICATION FROM RENT EQUITY BOARD (DOCKET NO. 0420)

Communication was received from Constance J. Doty, Administrator, Rent Equity Board, transmitting a certified copy of Regulations 8 and 11.

Referred to the Committee on Housing.

COMMUNICATION FROM GALEN GILBERT, ESQ. (DOCKET NO. 0421)

Communication was received from Galen Gilbert, Esq., attorney for David Hogarth, requesting a hear- ing pursuant to M.G.L. Chapter 35, Section 35, re- garding his discharge as Chaplain at Suffolk County Jail.

Referred to the Committee on Council Rules and Administration.

Coun. IANNELLA moved that the Committee on Council Rules and Administration conduct the re- quired hearing on the appeal of David Hogarth in the manner stipulated by the parties; that the Committee keep stenographic record of the hearing; and, that the committee make prompt report to the Council.

The motion was carried.

COMMUNICATION FROM SIERRA CLUB RE CENTRAL ARTERY PROJECT (DOCKET NO. 0422)

Communication was received from Louise Lewis and Rosemarie Ruggerio, Sierra Club, Greater Boston Group re: Central Artery Project.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0423) Notice was received by the City Clerk from the Mayor of the appointment of John Donovan, Sr., as Acting Commissioner and Chairman to the Board of Election Commissioners. Placed on file.

COMMUNICATION FROM BEALS AND THOMAS, INC. (DOCKET NO. 0424)

Communication was received from Timothy L. Timmermann, Environmental Planner, Beals and Thomas, Inc. re: response to MEPA Comment Let- ters on the Notice of Project Change — VFW Park- way Shopping Center EOEA No. 5946, West Roxbury.

Placed on file.

Later in the session Coun. HENNIGAN CASEY moved reconsideration of the foregoing action; recon- sideration prevailed.

Referred to the Committee on City and Neigh- borhood Services.

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APPOINTMENT BY THE MAYOR (DOCKET NO. 0425)

Notice was received by the City Clerk from the Mayor of the appointment of James Marcellino as a member of the Board of Health and Hospitals for a term expiring May 1, 1991.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0426)

Notice was received by the City Clerk from the Mayor of the appointment of James Marcellino as a Chairman of the Board of Health and Hospitals.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0427)

Notice was received by the City Clerk from the Mayor of the appointment of Steven Tierney as a member of the Board of Health and Hospitals for a term expiring May 1, 1991.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0428)

Notice was received by the City Clerk from the Mayor of the appointment of Kevin Fitzgerald as a member of the Board of Health and Hospitals for a term expiring May 1, 1991.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0429)

Notice was received by the City Clerk from the Mayor of the appointment of Michael Mullane as a member of the Board of Health and Hospitals for a term expiring May 1, 1992.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0430)

Notice was received by the City Clerk from the Mayor of the appointment of Tony Molina as a mem- ber of the Board of Health and Hospitals for a term expiring May 1, 1992.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0431)

Notice was received by the City Clerk from the Mayor of the appointment of Mary Baker as a mem-

ber of the Board of Health and Hospitals for a term expiring May 1, 1992.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0432)

Notice was received by the City Clerk from the Mayor of the appointment of A. Raymond Tye as a member of the Board of Health and Hospitals for a term expiring May 1, 1993.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0433)

Notice was received by the City Clerk from the Mayor of the appointment of Lee Jackson as a mem- ber of the Board of Health and Hospitals for a term expiring May 1, 1993.

Referred to the Committee on City and Neigh- borhood Services.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0434)

Notice was received by the City Clerk from the Mayor of the appointment of Robert Guen as a mem- ber of the Board of Health and Hospitals for a term expiring May 1, 1993.

Referred to the Committee on City and Neigh- borhood Services.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0435)

Notice was received from the Department of Public Utilities of a hearing on April 17, 1991 re: World Wide Communications Limited Partnership.

Placed on file.

NOTICE OF HERING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0436)

Notice was received from the Department of Public Utilities of a hearing on April 23, 1991 re: Flex Communications.

Placed on file.

COMMUNICATION FROM PUBLIC WORKS COMMISSION (DOCKET NO. 0437)

Communication was received from Marilyn P. Cor- rado, Public Works Commission, Office of the Secre- tary re: approval of work done by the City in the im- provement of a section of road under memorandum of agreement No. 34159.

Placed on file.

50

MARCH 27, 1991

COMMUNICATION FROM SCHOOL COMMIT- TEE SECRETARY RE TRANSFER OF SCHOOL PROPERTY (DOCKET NO. 0438)

Communication was received from Bartholomew P. McCauley, Secretary to the School Committee, re- garding the transfer of school property at 43 Melrose St., southerly to Knox St.

Placed on file.

TEN ORDERS CONCERNING LOANS FOR PUB- LIC IMPROVEMENT PURPOSES (DOCKET NOS. 0294 THROUGH 0303)

NOTICE FROM CITY CLERK (DOCKET NO. 0439)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of Feb- ruary 13, 1991.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 0440)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of Feb- ruary 27, 1991.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 0441)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of March 6, 1991.

Placed on file.

Coun. MENINO called Number 8, consisting of ten orders concerning loans for various public pur- poses, Docket no. 0294 through 0303, which were read once and passed on March 6, 1991, from the calendar and moved that they be given a second read- ing and final passage.

The several orders were called from the calendar and given a second reading and final passage, yeas 13.

REPORT ON ORDER AUTHORIZING CITY TO EXPEND GRANT OF $660,250 FROM DE- PARTMENT OF HEALTH AND HUMAN SERVICES TO EXPAND BOSTON AGAINST DRUGS PROGRAM (DOCKET NO. 0339)

Coun. KELLY, on behalf of the Special Committee on Substance Abuse, submitted the following:

Report on Docket No. 0339, message of the Mayor and order authorizing the City to expend a grant of $660,250 from the Department of Health and Human Services for the purpose of expanding Boston Against Drugs through a community partnership program (re- ferred February 27) recommending the order ought to pass with the following proviso:

The Committee, consistent with its budget over- sight responsibility, is authorizing expenditure of the sums requested, with the understanding that in ac- cepting the committee report, the administration will (1) make a good faith effort to add an additional Team to the Dorchester area; (2) waive rental charges for office space, redirecting these funds into educa- tion/prevention activities; and (3) report on a quar- terly basis to the city council its progress in imple- menting this program.

The report was accepted; the order was passed.

COMMUNICATION FROM SECRETARY GEN- ERAL OF UNITED NATIONS (DOCKET NO. 0442)

Communication was received from Neil Briscoe, Associate Officer, Executive Office of the Secretary General of the United Nations, re: resolution on the Persian Gulf.

Placed on file.

COMMUNICATION FROM SENATOR EDWARD M. KENNEDY (DOCKET NO. 0443)

Communication was received from Edward M. Kennedy, United States Senate, re: resolution on the Persian Gulf.

Placed on file.

COMMUNICATION FROM PRESIDENT GEORGE W. BUSH (DOCKET NO. 0444)

Communication was received from President George W. Bush re: resolution on the Persian Gulf. Placed on file.

REPORT ON PETITION OF SPENCE TRANSPOR- TATION, INC., FOR LICENSE TO OPERATE MOTOR VEHICLES FOR HIRE OVER CER- TAIN STREETS IN BOSTON (DOCKET NO.

0272)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the fol- lowing:

Report on Docket No. 0272, petition of Spence Transportation, Inc., for license to operate motor ve- hicles for hire over certain streets in Boston (referred February 6) recommending the petition be granted.

The report was accepted; the petition was granted.

SPECIAL COMMITTEE ON PUBLIC HEALTH TO HOLD HEARING RE CLOSING OF LONG IS- LAND HOSPITAL (DOCKET NO. 0445)

Couns. O'NEIL and KELLY offered the following:

Ordered: That the Special Committee on Public

Health hold a hearing to be held in the cafeteria at

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51

the Long Island Hospital as soon as possible. The reason for this hearing is regarding the closing of the hospital.

Please note: attached to this order is a copy of an ordinance passed in the City Council April 9, 1973.

When the hearing is held any and all union mem- bers shall be invited to testify at this hearing.

Referred to the Committee on City and Neigh- borhood Services.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARINGS RE THREATENED CLOSURE OF LONG ISLAND HOSPITAL (DOCKET NO. 0447)

Coun. IANNELLA offered the following:

Whereas, For generations, the employees of the Long Island Hospital have provided first quality chronic care to the most needing of our citizens, and,

Whereas, The level of this care, marked by inten- sive nursing care, is otherwise unobtainable within the Commonwealth and,

Whereas, The patients at Long Island have availa- ble not only the finest in health care but also an ap- propriate setting where they can enjoy peace of mind, natural beauty, and recreational activities to the full- est extent individual medical circumstances allows, and,

Whereas, The Board of Health and Hospital has threatened to close this very much needed facility, therefore be it

Ordered, That the Committee on City and Neigh- borhood Services conduct hearings concerning the threatened closure of the Long Island Hospital, call- ing before it the Commissioner of Health and Hospi- tals and all others who can give good testimony rela- tive thereto.

Referred to the Committee on City and Neigh- borhood Services.

AN ACT REORGANIZING THE SCHOOL COM- MITTEE OF THE CITY OF BOSTON (DOCKET 0448)

Coun. BOLLING offered the following: Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section One. Notwithstanding the provisions of chapter 605 of the acts of 1982 as amended by chap- ter 343 of the acts of 1986, chapter 452 of the acts of 1948 as amended by chapter 376 of the acts of 1951 and as further amended by chapter 190 of the acts of 1952, and further notwithstanding sections one hundred and twenty-eight to one hundred thirty- four, inclusive, of chapter forty-three of the General Laws or any other general or special law to the con- trary, beginning on the first Monday in January, 1992, there shall be in the city of Boston a school committee consisting of nine members, five to be elected, one from each of five districts, at the regular municipal election to be held in November of 1991 and four to be appointed by the Mayor from a list of individuals nominated by the educational nominating

panel. The elected members shall be elected from districts, the lines for which shall be drawn by the city council by ordinance after public hearing; pro- vided, however, that such districts shall be initially drawn in sufficient time to allow candidates to qual- ify for the regular municipal election to be held in November of 1991, and; provided further that such districts shall continue in force until the next date when the city council is required to redistrict its own council districts in accordance with state law. Mem- bers of the school committee shall be residents of Boston and shall, in the case of those elected by dis- trict, reside in the district from which they were elected. Members shall serve for a term of four years each. The school committee shall elect one member of the committee as president on the first Monday in January in every year.

Section Two. Vacancies shall be filled for the unex- pired term of an appointed member in the same man- ner in which the original appointments are made pur- suant to this section. Vacancies for elected members shall be filled in accordance with the provisions of section nineteen of chapter 452 of the Acts of 1948, as most recently amended by chapter 342 of the acts of 1983.

Section Three. Notwithstanding the provisions of any general or special law to the contrary, there shall be in the city of Boston an educational nominating panel, hereafter known as the nominating panel, con- sisting of fifteen members appointed by the mayor as follows: at least one member shall be a representative of a citywide parents' group; at least one shall be a representative of a special need advisory committee; at least one shall be a representative of a bilingual advisory council; at least one shall be a representa- tive of each of the four zone planning councils; at least one shall be a representative of an educational advocacy organization; at least one shall be a repre- sentative of an institution of higher education; at least one shall be a representative of the business commu- nity and the remaining panel members shall represent organized labor; community based and social service organizations and the citizenry at-large. Members of the nominating panel shall be residents of the city of Boston and shall serve for a term of four years from the date of their appointment. The mayor shall desig- nate one member of the panel as chairperson. All members of the panel shall serve without compensa- tion, but shall be reimbursed for expenses necessarily incurred in the performance of their duties. The nominating panel shall establish rules and regulations governing its own procedures not inconsistent with this section.

The nominating panel shall nominate three individ- uals for each mayoral appointment to the school com- mittee. All individuals nominated by the panel shall possess skills and qualifications needed to improve public education in Boston, including but not limited to experience as parents or in the fields of education, management or finance. The panel shall strive to nominate individuals who reflect the ethnic, racial, linguistic and socioeconomic diversity of the city and the population of the Boston Public Schools.

The nominating panel shall present to the mayor its initial list of nominees for appointment to the school committee on or before November 1, 1991 and on November 1st of every year in which the terms of the members expire. The mayor shall notify the nominat- ing panel of any vacancy on the school committee of an appointed member. The panel shall, within thirty days of such notification, submit to the mayor its nominees for appointment to the unexpired term.

Referred to the Committee on Public Education.

52

MARCH 27, 1991

REQUESTING POLICE COMMISSIONER TO MEET WITH REPRESENTATIVES OF CER- TAIN COLLEGES AND COMMUNITY RESI- DENTS TO DISCUSS STRATEGY RE TRAF- FIC ENFORCEMENT POWERS (DOCKET 0449)

Coun. BOLLING offered the following:

Whereas, The public safety of streets adjacent to Boston University, Northeastern University and other local colleges is regularly threatened by reckless drivers; and

Whereas, Special university police forces do not have any enforcement powers with respect to enforc- ing traffic laws on public ways extending through their campuses; and

Whereas, University police forces are a potential resource for the proper enforcement of traffic laws on public ways that run through their campuses; therefore be it

Ordered, That the Boston Police Commissioner, in concert with representatives from Boston University, Northeastern University, other local colleges and resi- dents of surrounding neighborhoods discuss and, if appropriate, implement a strategy to bestow traffic enforcement powers upon the special police forces of local universities for only jurisdictions containing streets extending through or surrounding their respec- tive campuses.

Referred to the Special Committee on University-Community Relations.

why millions of dollars in printing related contracts are being awarded to private contractors.

Referred to the Committee on City and Neigh- borhood Services.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING RE OPERA- TIONS OF CODE ENFORCEMENT DEPART- MENT (DOCKET 0450)

Coun. KELLY offered the following:

Ordered, That the Committee on City and Neigh- borhood Services conduct a public hearing into the operations of the Code Enforcement Department to ascertain among other things: the workforce in the department, the number of tickets issued over the past three years, the number of appeals outstanding, the internal measures taken to ensure that citizens have an opportunity to rebut a ticket prior to a court appearance, and the income derived from the issu- ance of tickets.

Referred to the Committee on City and Neigh- borhood Services.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING RE REASON FOR AWARDING MILLIONS OF DOLLARS IN PRINTING-RELATED CONTRACTS TO PRIVATE CONTRACTORS (DOCKET 0451)

Coun. KELLY offered the following:

Whereas, The Printing Department of the City of Boston, since its inception, has performed the highest quality work in a cost effective manner; and

Whereas, In recent years several city departments have contracted printing, and printing related work out to private printing companies; and

Whereas, Many of these printing companies are not located in the city of Boston, and in some in- stances are not located in the Commonwealth of Massachusetts, be it therefore,

Ordered, That the Committee on City and Neigh- borhood Services conduct a public hearing to discuss

APPOINTMENT OF TEMPORARY EMPLOYEES (DOCKET NO. 0452)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, March 27, 1990 the following-named persons be, and hereby are, appointed to the positions set against their names until Wednesday, June 19, 1991:

Brooke Woodson, secretary, $616, full-time.

Kevin C. Peterson, administrative assistant, $459.77, full-time.

Ann Nathan, administrative assistant, $461.88, full- time.

Madeline Cahill, administrative assistant, $316.09, part-time.

Julie Gill, administrative assistant, $498.08, full- time.

Maureen Feeney, secretary, $593.87, full-time.

Claire Ordile, administrative assistant, $316.09, part-time.

Mary Mulvey, administrative assistant, $613.02, full-time.

Eve Piemonte Stacey, administrative assistant, $555.55, full-time.

Shirley De Roma, secretary, $250, part-time.

Robert Kavin, administrative assistant, $632.18, full-time.

Marguerite Malone, secretary, $478.93, full-time.

Burgess Nichols, secretary, $478.93, full-time.

Michael MacDonald, Jr., secretary, $350, full-time.

Stephen R. Mullen, secretary, $478.93, full-time.

Annmarie Geary, secretary, $295, full-time.

Carolyn Geary, administrative assistant, $718.58, full-time.

Paul Walkowski, administrative assistant, $709.58, full-time.

Virginia Ferko, administrative assistant, $566, part- time.

Jeanne Levesque, administrative assistant, $690, full-time.

Andrea Long, secretary, $479, full-time.

Margaret Gannon, administrative assistant, $643.90, full-time.

Evelyn Riesenberg, secretary, $643.90, full-time.

Martha Pierce, secretary, $287.36, part-time.

Jack Wigon, secretary, $80, part-time.

Elaine O'Connor, secretary, $629.22, full-time.

Nancy Grilk, secretary, $521.33, full-time.

Thomas Crowley, secretary, $597.91, part-time.

Helen Carson, secretary, $834.56, full-time.

Margaret O'Leary, administrative assistant, $889.56, full-time.

Gary Dotterman, secretary, $480, full-time.

John S. Mills, secretary, $480, full-time.

Shelagh Geoghegan, secretary, $480, full-time.

Christopher Norris, secretary, $253.14, full-time.

Thomas Bagley, administrative assistant, $555.15, full-time.

Charles Clabaugh, administrative assistant, $526.82, full-time.

Martha Bagley, secretary, $470.88, full-time.

Josephine Dzygala, administrative assistant, $75, part-time.

Anthony Marmo, secretary, $65, part-time.

Anthony Palomba, administrative assistant, $574.71, full-time.

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Augustus Bickford, administrative assistant, $574.71, full-time.

Maureen Piraino, administrative assistant, $517.24, full-time.

Joyce Holland, secretary, $689.66, full-time.

Richard Blackman, administrative assistant, $400, full-time.

Devonya N. Havis, secretary, $300, part-time.

Robert Davis, messenger clerk, $339.01, full-time.

Cheryl Morris, office manager, $534.18, full-time.

Bridget McMullen, receptionist, $509.28, full-time.

Maureen Flynn, legislative assistant, $537.93, full- time.

Kathleen Coughlin, legislative secretary, $402.30, full-time.

John Erwin, research assistant, $537.93, full-time.

Passed under suspension of the rules.

CERTAIN INFORMATION UNDER SECTION 17F RE POLICE DEPARTMENT (DOCKET 0453)

Coun. YANCEY offered the following: Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

(1) How many complaints against police officers were filed each year, in each police district, between 1984 and 1990?

(2) How many of these were withdrawn each year?

(3) Why were they withdrawn?

(4) What kinds of complaints are most frequently made about officers recruited between ten (10) and fifteen (15) years ago?

(5) What types of complaints are commonly made by store owners? By teenagers? By the elderly? By motorists?

Passed under suspension of the rules.

CERTAIN INFORMATION UNDER SECTION 17F RE POLICE DEPARTMENT AND FORFEITED ASSETS (DOCKET 0454)

Coun. YANCEY offered the following: Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

(1) What are the classes or types of assets which may be seized by the Boston Police Department?

(2) What was the value of assets seized by the Boston Police Department in 1984, 1985, 1986, 1987, 1988, 1989, and 1990?

(3) How were these assets used? Please provide an itemized list of goods and services purchased with forfeited assets, by year, between 1984 and 1990.

(4) How are the assets accounted for?

(5) Please provide all audited financial reports for the years 1984 to 1990.

Passed under suspension of the rules.

THE FAMILY PROTECTION ACT (DOCKET NO. 0455)

Coun. SCONDRAS offered the following: City of Boston In the Year Nineteen Hundred and Ninety-one The Family Protection Act

Be it ordained by the City Council of Boston, in accordance with the provisions of Massachusetts Gen- eral Laws Chapter 43B, Section 13, and any other applicable law, as follows:

Section 1.

The Boston Human Rights Ordinance, City of Boston Code, Ordinances, Title 12, Chapter 9, Sec- tion 1, Definitions, Fifteenth, "Marital Status" is hereby amended by inserting the words "and Fam- ily" after the word "Marital" and before the word "Status", and by inserting after the word "single" and before the semi-colon, the following phrase: "or the actual or supposed condition of being or having been a member of a domestic partnership or an ex- tended family registered pursuant to the laws of the City of Boston or pursuant to similar laws enacted by another jurisdiction," to hereinafter read as follows:

" 'Marital and Family status' means the actual or supposed condition of being or having beer, married, separated or divorced or the condition of being single or the actual or supposed condition of being or hav- ing been a member of a domestic partnership or an extended family registered pursuant to the laws of the City of Boston or pursuant to similar laws enacted by another jurisdiction."

Wherever the term "marital status" appears within the Boston Human Rights Ordinance, City of Boston Code, Ordinances, Title 12, Chapter 9, it shall be amended to read "marital and family status." Section 2.

The Boston Fair Housing Commission Ordinance, City of Boston Code, Ordinances, Title 10, Chapter 5, Section 150, "Policy of the City of Boston" is hereby amended by inserting the words "and family" after the word "marital" and before the word "sta- tus." Subsection 1(a) of Section 152, "Function Powers and Duties of the Commission," of the Fair Housing Commission Ordinance is amended by in- serting the words "and family" after the word "mari- tal" and before the word "status." Section 3.

The City of Boston Code, Ordinances, Title 12 is hereby further amended by adding after Chapter 9, the following new chapter:

Chapter 10. Protection of Families.

Section 1. Definitions.

When used in this ordinance:

A. "Family" shall refer to the types of families de- fined below:

1 . "Domestic Partnership ' ' shall mean two persons who meet the following criteria and affirm that:

(1) They share basic living expenses.

(2) They assume responsibility for the welfare of their partner and any dependents registered pursuant to Section 2:

(3) They are at least eighteen (18) years of age;

(4) They are competent to enter into a contract;

(5) They declare that they are each other's sole domestic partner;

(6) They are not married to anyone nor related to each other by blood closer than would bar marriage in the Commonwealth of Massachu- setts'

(7) They shall notify the City Clerk of any change in the status of their domestic part- nership; and

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(8) They register their domestic partnership as set forth in Section 2 of this ordinance; and their dependents as registered pursuant to Sec- tion 2.

2. "Extended Family" shall mean person(s) who meet the following criteria and affirm that:

(1) They share basic living expenses;

(2) They assume responsibility for the welfare of the other members of the extended family and any dependents registered pursuant to Section 2;

(3) They are at least eighteen (18) years of age;

(4) They are competent to enter into a contract;

(5) They declare that they are not members of any other extended family registered pursuant to this ordinance and if they are married or a domestic partner they declare that their spouse or domestic partner is also declaring his or her intent to be a member of the ex- tended family, and that it is not their intent to enter into this extended family in violation of the laws of the Commonwealth of Massa- chusetts;

(6) They shall notify the City Clerk of any change in the status of their extended family; and

(7) They register their extended family as set forth in Section 2 of this ordinance.

and their dependents as registered pursuant to Sec- tion 2.

3. "Family By Blood or Marriage" shall mean persons related by blood or by marriage pursu- ant to Massachusetts General Laws, Chapter 207, or pursuant to similar laws enacted by an- other jurisdiction.

B. "Dependent" shall mean a person registered pursuant to Section 2, who has not registered as a domestic partner or as an adult member of an extended family, and who receives signifi- cant financial or significant in-kind assistance toward her or his caretaking or costs of food, shelter, utilities, and essential household goods from the domestic partnership or extended fam- ily.

C. "Basic Living Expenses" shall mean the cost of food, shelter, utilities and essential household goods. The individuals need not contribute equally to the cost of these expenses. Labor or services in kind shall be recognized as contri- butions to basic living expenses.

D. "Assume Responsibility for the Welfare of" shall mean assume an obligation to provide, if necessary, for a person's basic living expenses and to assume joint responsibility for any other expenses of that person which arise out of a program or benefit for which that person quali- fied because of a statement filed pursuant to this ordinance, subject to the limitations con- tained in Section 6 of this ordinance.

E. "Domestic Partner" shall mean a person who meets the criteria set out in Section 1 (A) (1) of this ordinance and registers pursuant to Section 2 of this ordinance.

F. ' 'Member of an Extended Family ' ' shall mean a person who meets the criteria set out in Section 1 (A) (2) of this ordinance and registers pursu- ant to Section 2 of this ordinance.

Section 2. Registration

A. Statement of Domestic Partnership or Extended Family

(1) Domestic partners or an extended family, who meet the criteria set out in either Sec- tion 1(A) (1) or (2) of this ordinance, may make an official record of their domestic partnership or extended family by complet- ing, signing, and submitting to the City Clerk a statement of domestic partnership or extended family. Persons submitting a state- ment of domestic partnership or extended family must declare under penalty of perjury thaty they meet the criteria set out in either Section 1(A) (1) or (2) of this ordinance.

(2) The domestic partnership statement shall in- clude the names of the domestic partners, the date on which they became each other's do- mestic partners, and the names of any depen- dents of the domestic partnership.

(3) The extended family statement shall include the names of all members of the extended family, the date on which the extended family was created, and the names of any depen- dents of the extended family.

B. Amendment of the Statement of Extended Family Extended families shall amend the extended family statement whenever another person joins the extended family, or one or more members of the extended family no longer meet the re- quirements of Section 1 (A) (2) of this ordi- nance. Such amendments shall not affect the continued existence of the extended family. Ex- tended family members who decide to terminate their membership in the extended family must declare under penalty of perjury that the other members of the extended family have been noti- fied either personally or by mailing a copy of this amendment to the other members' last and usual address by certified mail.

C. Registration of Additional Dependents Domestic partners and extended families shall amend their respective registration statements whenever additional dependents become part of the domestic partnership or extended family. Only those dependents who are registered pur- suant to this section shall be considered depen- dents of a domestic partnership or extended family.

D. Termination of Domestic Partnership or Ex- tended Family

(1) Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the City Clerk. Termination of a domestic partnership shall become effective ninety (90) days after the termination statement is filed with the City Clerk, except that a domestic partner- ship shall terminate immediately upon the death of one of the partners; and provided, however, that all rights and benefits extended to dependents of a domestic partnership or an extended family shall survive termination of the domestic partnership or extended fam- ily if the domestic partner or extended fam- ily member through whom the dependent ob- tains the right or benefit continues to assume responsibility for the welfare of the depen- dent. In the event of death of one of the do- mestic partners, the surviving partner shall notify the City Clerk by sending the City Clerk a copy of the death certificate. Any person filing a termination statement must declare under penalty of perjury that (1) the domestic partnership is terminated and (21

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that the other domestic partner has been no- tified personally or my mailing a copy of the termination statement to the other domestic partner's last and usual address by certified mail.

(2) An extended family shall terminate whenever only one member of that family remains reg- istered. E. New Statements of Domestic Partnership or Ex- tended Family

No person may file a statement of domestic partnership or extended family until any pre- vious domestic partnership or extended family of which they were a member has been effec- tively terminated. Section 3. City Clerk

A. Records

The City Clerk shall maintain adequate records of domestic partnership and extended family statements showing which domestic partnership and extended families have been created, termi- nated, and amended. The City Clerk shall pro- vide forms as necessary to those who request them.

B. Fees for Statements

(1) The City Clerk shall charge a fee for filing a domestic partnership or extended family statement. The amount of this fee shall be equivalent to the fee charged to file a mar- riage license.

(2) Payment of the filing fee shall entitle the per- son filing the statement on behalf of the do- mestic partnership or extended family to re- ceive two copies of the statement, certified by the City Clerk. Certification of additional copies of the statement, or of copies of amendment or termination statements, shall cost three ($3) dollars per copy.

C. Inspection of Statements

The City Clerk shall maintain a written record of all requests to inspect domestic partnership and extended family registration statements. This written record shall include the name of the person making the request and shall identify the particular document requested. This written record shall be available to the public upon re- quest. Section 4. Visitation Rights A. Health Care Facilities (1) All health care facilities, including but not limited to hospitals, convalescent facilities, mental health care facilities or other long term care facilities, shall afford domestic partners the same visitation rights as af- forded to a spouse or parent of a patient, and shall afford dependents of the domestic relationship the same visitation rights as af- forded to a patient's child. For the purpose of visitation rights pursuant to this section, an individual who would be eligible for rec- ognition under the laws of the City of Boston as a domestic partner or as the dependent of a domestic partnership, but who has not so registered, shall be afforded such recognition upon the submission to the health care facil- ity of a statement signed under penalty of perjury that the individual meets the require- ments of a domestic partner or dependent as defined in this ordinance. This statement shall have no other effect beyond providing the individual with visitation rights equiva- lent to those of a spouse, child or parent of a

patient. It shall be the responsibility of the health care facility to inform individuals of this right upon denial of visitation where a spouse, child or parent would have been af- forded visitation rights;

(2) All health care facilities, including but not limited to hospitals, convalescent facilities, mental health facilities or other long term care facilities, shall afford all extended fam- ily members of a patient the same visitation rights as afforded to a family member by blood or marriage, and shall afford all de- pendents of the extended family the same visitation rights afforded to a patient's child. For the purpose of visitation rights pursuant to this section, an individual who would be eligible for recognition under the laws of the City of Boston as an extended family mem- ber or as the dependent of an extended fam- ily, but who has not so registered, shall be afforded such recognition upon the submis- sion to the health care facility of a statement signed under penalty of perjury that the indi- vidual meets the requirements of a member of an extended family or dependent as de- fined in this ordinance. This statement shall have no other effect beyond providing the in- dividual with visitation rights equivalent to those of a family member by blood or by marriage. It shall be the responsibility of the health care facility to inform individuals of this right upon denial of visitation where a family member by blood or by marriage would have been afforded visitation rights. B. Jail, Prison, and Juvenile Correction Centers Visitation

(1) All jails, prisons and juvenile correction cen- ters shall afford domestic partners the same visitation rights afforded to a spouse or par- ent of an inmate, and shall afford dependents of the domestic partnership the same visita- tion rights afforded to an inmate's child. For the purpose of visitation rights pursuant to this section, an individual who would be eli- gible for recognition under the laws of the City of Boston as a domestic partner or as the dependent of a domestic partnership, but who has not so registered, shall be afforded such recognition upon the submission to the jail, prison or juvenile correction center of a statement signed under penalty of perjury that the individual meets the requirements of a domestic partner or dependent as defined in this ordinance. This statment shall have no other effect beyond providing the individual with visitation rights equivalent to those of a spouse, child or parent of an inmate. It shall be the responsibility of the jail, prison or ju- venile correction center to inform individuals of this right upon denial of visitation where a spouse, child or parent would have been af- forded visitation rights;

(2) All jails, prisons and juvenile correction cen- ters shall afford all extended family members of an inmate the same visitation rights af- forded a family member by blood or by mar- riage, and shall afford all dependents of the extended family the same visitation rights af- forded to an inmate's child. For the purpose of visitation rights pursuant to this section, an individual who would be eligible for rec-

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ognition under the laws of the City of Boston as an extended family member or as a depen- dent of an extended family, but who has not so registered, shall be afforded such recogni- tion upon the submission to the jail, prison or juvenile correction center of a statement signed under penalty of perjury that the indi- vidual meets the requirements of an extended family member or dependent as defined in this ordinance. This statement shall have no other effect beyond providing the individual with visitation rights equivalent to those of a family member by blood or by marriage. It shall be the responsibility of the jail, prison or juvenile correction center to inform indi- viduals of this right upon denial of visitation where a family member by blood or by mar- riage would have been afforded visitation rights. C. Schools and Day Care Centers

(1) All schools and day care centers shall afford both members of a domestic partnership equal access to records pertaining to a de- pendent of the domestic partnership to the extent permissible under state law. Such schools and day care centers shall afford both members of a domestic partnership the same rights and access to employees in mat- ters concerning their dependent to which any biological parent of a child enrolled in that school or day care center would be entitled.

(2) All schools and day care centers shall afford adult members of an extended family equal access to records pertaining to a dependent of the extended family to the extent permissi- ble under state law. Such schools and day care centers shall afford adult members of an extended family the same rights and access to employees in matters concerning their de- pendent to which any biological parent of a child enrolled in that school or day care cen- ter would be entitled.

Section 5. Employment Benefits

The City of Boston shall within ninety (90) days of the enactment of this ordinance provide the same health and other employment fringe benefits it pro- vides to the spouses and dependent(s) of its married employees to its employees domestic partners, ex- tended family members and their dependent(s) who register their domestic partnerships and extended families pursuant to this ordinance. If registration of a dependent occurs within thirty (30) days after the dependent first meets the criteria set out in Section 1 (B), the domestic partner or extended family member shall be entitled to benefits for that dependent as of the date the dependent first meets the criteria set out in Section 1 (B).

Section 6. Limitation of Liabilities

Nothing in this ordinance shall be construed to cre- ate additional legal liabilities greater than those al- ready existing under law or to create any new private causes of action; provided, however, that third parties who convey specific tangible benefits in reliance upon a statement filed in accordance with this ordi- nance shall have recourse against the domestic part- ners or members of the extended family for basic liv- ing expenses or other liabilities specifically incurred for the benefit of the domestic partnership or ex- tended family as a unit. Furthermore, a person's as- sumption of responsiblility for the medical expenses of a domestic partner, extended family member or

dependent pursuant to this ordinance shall not be construed to impose liability upon the person in ex- cess of the actual cost to the person's employer of extending medical benefits to the domestic partner extended family member or dependent; and further provided that a person's assumption of responsibility for any other expenses of a domestic partner, ex- tended family member or dependent pursuant to this ordinance shall not be construed to impose liability upon that person in excess of either 1) the actual cost to the provider of extending that benefit or program to that domestic partner, extended family member or dependent, or 2) the fair market value of that pro- gram or benefit as of the date that program or benefit is extended to the domestic partner, extended family member or dependent, whichever amount is less. There shall be no joint liability for any expense in- curred after a termination statement has been filed unless both domestic partners or all members of the extended family approve incurring that expense on the behalf of the domestic partnership or extended family as a unit.

Section 7. Reciprocity

All rights, privileges, and benefits extended to do- mestic partnerships and extended families registered pursuant to this ordinance shall also be extended to domestic partnerships and extended families regis- tered pursuant to similar laws enacted in other juris- dictions.

Section 8. Retaliation

No person who seeks the benefit of this ordinance, registers pursuant to its provisions, or assists another person in obtaining the benefits of this ordinance shall be discriminated against in any way for doing so. Any person who so discriminates shall be penal- ized in accordance with the provisions of the Boston Human Rights Ordinance.

Section 9. Severability

The provisions of this ordinance are severable. If any of its provisions are held invalid by a court of competent jurisdiction, all other provisions shall con- tinue in full force and effect.

Section 10. Forms

The Cithy Clerk shall distribute copies of the fol- lowing forms to those who request them:

We,	A Statement	of Domestic Partnership
Full name Date of Birth:		/ /
and		Month	Day Year

Full name Date of Birth:

_/_

J.

Month Day Year

declare that:

(1) we share basic living expenses;

(2) we assume responsibility for each other's welfare and for the welfare of any depen- dents listed below

(3) we are at least eighteen years of age;

(4) we are competent to enter into a contract;

(5) we are each other's sole domestic partner;

(6) we are not married to anyone, nor related to each other by blood closer than would bar marriage in the Commonwealth of Massachu- setts: and

(7) we shall notify the City Clerk of any change in the status of our domestic partnership.

We became each other's domestic partner on

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Our domestic partnership is a family which in- cludes the following dependents:

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and correct. Signed:
Printed Name:
Date:
Signed:
Printed Name:
Date:
B. Statement of Extended Family We,
Full name Date of Birth:	/ /
and	Month Day	Year
Full name Date of Birth:	/ /
and	Month Day	Year
Full name Date of Birth:.	/ /
and	Month Day	Year

Full name Date of Birth:.

_/_

_/_

Month Day Year

declare that:

(1) we share basic living expenses;

(2) we. assume responsibility for each other's welfare and for the welfare of any depen- dents listed below

(3) we are at least eighteen years of age;

(4) we are competent to enter into a contract;

(5) we are not members of any other extended family registered pursuant to this ordinance, and if married we declare that our spouses are also declaring their intent to be a mem- ber of this extended family, and that it is not their intent to enter into this extended family in violation of the laws of the Common- wealth of Massachusetts; and

(6) we shall notify the City Clerk of any change in the status of our extended family.

This extended family was created on

Our extended family includes the following depen- dents:

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and correct.

Signed:

Printed Name:

Date: .

Signed:

Printed Name: Date:

Signed:

Printed Name: Date:

Signed:

Printed Name: Date:

C. Statement Terminating Domestic Partnership I declare that:

(1) and I are

Full name of domestic partner

no longer domestic partners; and

(2) I notified my former domestic partner of this statement in person/by certified mail (please circle one) on

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and accurate.

Signed:

Printed Full Name:

Date:

We,

D. Statement Amending Extended Family

Full name Date of Birth:	/		/
and	Month	Day		Year
Full name Date of Birth:	/		/
declare that: (T)	Month	Day		Year is no
longer a member of our extended family; (2)	and/or
Full name Date of Birth:	/		/

Month Day Year

is now a member of our extended family. I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and correct. Signed:

Printed Name: Date:

Signed:

Printed Name: Date:

E. Statement of Additional Dependents Our domestic partnership/extended family (circle appropriate term) now includes the following addi- tional dependents:

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and correct.

Signed:

Printed Full Name: Date:

Referred to the Special Committee on Equity.

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MARCH 27, 1991

CERTAIN INFORMATION UNDER SECTION 17F RE PROPERTY AT 40-42 ORCHARD ROAD, BRIGHTON (DOCKET NO. 0456)

Coun. MCLAUGHLIN offered the following:

Whereas, The conditions at 40-42 Orchard Road, Ward 21, Brighton are of great concern to neighbors; now, therefore, be it

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law. His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

What housing and building violations have been filed by the Inspectional Services Department in re- gard to the property located at 40-42 Orchard Road, Ward 21, Brighton?

What court actions have been taken as a result of these violations, and what is their current status?

When will the Inspectional Services Department take further action to resolve these complaints?

Passed under suspension of the rules.

AN ACT REORGANIZING THE SCHOOL COM- MITTEE OF THE CITY OF BOSTON (DOCKET NO. 0547)

Coun. McCORMACK offered the following: Section 1. Notwithstanding the provisions of Chap- ter 605 of the acts of 1982 as amended by Chapter 343 of the acts of 1986, Chapter 452 of the acts of 1948 as amended by Chapter 376 of the acts of 1951 and as further amended by Chapter 376 of the acts of 1951 and as further amended by Chapter 190 of the acts of 1952, and further notwithstanding sections one hundred and twenty-eight to one hundred and thirty-four, inclusive, of Chapter forty-three of the General Laws or any other general or special law to the contrary, the school committee in the City of Boston as presently constituted is hereby abolished as of the date of expiration of the terms of the incum- bent members thereof and no election for school committee shall be held in 1991 or thereafter.

Section 2. Subject to the provisions of this act, the school committee of the City of Boston shall consist of seven appointed members. The mayor of Boston shall have the power to appoint the seven member school committee subject to the provisions governing a nominating council as set forth in this act. The Mayor shall strive to appoint individuals who reflect the ethnic, racial and socioeconomic diversity of the City and school population of the Boston Public Schools.

Section 3. All existing powers and duties hitherto exercised by the Boston School committee, including the powers and duties set forth in chapter 613 of the acts of 1987 shall henceforth be exercised by the seven member approinted school committee.

Section 4. The term of office of the members of the school committee shall be four years; provided, however, that in order to avoid concurrent termina- tion the first seven members appointed shall serve for the terms specified as follows: one member shall serve one year, two members shall serve two years each, two members shall serve three years each, and two members shall serve four years each. After all seven members of the first school committee have been duly appointed, a lottery shall be held to deter- mine the length of the term of the seven members

initially appointed. The office of each member shall expire upon the expiration of the term of said mem- ber and shall become vacant. Any member whose term of office has expired may be considered for re- appointment, but only if renominated by the nominat- ing council. A president of the school committee shall be elected annually by its members at the first meeting in each municipal year.

Section 5. Notwithstanding any special or general law to the contrary, the members of the school com- mittee shall not have the authority to hire personal staff, provided however, that a paid administrative as- sistant may be appointed by the president of the school committee.

Section 6. The nominating council shall be consti- tuted by the commissioner of education of the com- monwealth within thirty days of the effective date of this act and shall convene within fifteen days thereaf- ter. Once convened, it shall elect a chairman from its membership who shall develop and publish a method of notifying Boston residents of the selection process to be undertaken by the nominating council forth- with.

Section 7. The nominating council shall submit to the mayor 21 names from which the mayor shall ap- point seven to serve as members of the school com- mittee. After the establishment by appointment of the school committee, the nominating council shall con- vene only when a vacancy occurs on the school com- mittee whereupon the nominating council shall submit to the mayor three names for each vacancy, from which a new school committee member shall be ap- pointed. The nominating council shall submit the said three names to the mayor within thirty days of the occurrance of any vacancy. Should the nominating council fail to submit the names of the initial 21 nominees for consideration by the mayor by Novem- ber 15, 1991, or should the nominating council fail to submit three names to the mayor within thirty days next following the occurrence of any vacancy, on the thirty-first day and thereafter, the mayor shall have the power to appoint any member of the school committee for which an office is vacant.

Section 8. The members of the nominating council shall serve for two years, subject to the requirements of this section. In the event that any member cannot serve or a vacancy occurs, an alternate from the re- spective group constituting the nominating council shall serve in his place. The members of the nomi- nating council shall be selected as follows:

Three Parents — The president of the citywide par- ents council, and a parent selected from the citywide educational coalition shall serve. The presidents of the Boston special needs parent advisory council and the bilingual education citywide parent advisory council shall annually alternate membership on coun- cil with the former serving initially.

One High School Student — All Boston high school headmasters will submit the name of one stu- dent from his school to the superintendent who shall then select one student annually for service on the council.

One Teacher — The Boston teachers union shall select one person from its membership.

One Headmaster or Principal — The Boston associ- ation of school administrators shall select one person from its membership.

One Representative from the Boston Business Com- munity — The private industry council, the Boston municipal research bureau, and the Boston chamber of commerce shall each select one person from its membership who will annually alternate membership

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on the nominating council. The private industry council member shall serve the first year, the Boston municipal research bureau member shall serve the second year, and the Boston chamber of commerce member shall serve the third year.

One College President — The chancellor of higher education shall appoint one college president.

Commissioner of Higher Education — The com- missioner of higher education shall serve on the nom- inating council.

Section 9. The state secretary shall cause to be placed on the official ballot to be used in the city of Boston at the regular general state election in the year nineteen hundred and ninety-six the following question: "Shall an act passed in the General Court in the year nineteen hundred and ninety-one, entitled 'An Act Reorganizing the School Committee of the City of Boston' be repealed and an elected school committee be reconstituted?

Section 10. The nominating council and the mayor shall carry out their respective duties imposed by the provisions of this act in a manner that shall allow the appointed school committee to assume their duties on the first day of the municipal year in 1992.

Section 11. This act shall take effect upon its pas- sage.

Referred to the Committee on Public Education.

COMMITTEE ON PLANNING AND DEVELOP- MENT AND SPECIAL COMMITTEE ON BANKING TO HOLD JOINT HEARING RE SPECIAL POOL OF FUNDS FOR SMALL BUSINESSES IN BOSTON NEIGHBORHOODS (DOCKET NO. 0458)

Coun. BYRNE offered the following:

Whereas, The economic slowdown facing the Boston area and beyond poses difficulties for many private businesses and their employees; and

Whereas, The impact of a difficult economy may be particularly detrimental to small businesses which do not have the extensive assets or capital to with- stand such financial strains; and

Whereas, Small businesses in our city are vital not only to their owners and employees but also to the well-being of neighborhood commercial districts and neighborhoods in general; and

Whereas, One of the most urgent needs of small businesses is to have access to financing to carry them through periods of decreased cash flow; now therefore be it

Ordered, The Committee on Planning and Develop- ment and the Special Committee on Banking conduct a joint hearing to explore and develop a special pool of funds to be made available to small businesses in Boston's neighborhoods.

Further Ordered, That representatives of EDIC, BRA as well as private banks subscribing to the prin- ciples of community reinvestments be invited to at- tend and testify.

Referred to the Committee on Planning and De- velopment.

SUPPORTING FULL PARTICIPATION OF MI- NORITY AND WOMEN-OWNED BUSI- NESSES IN REDEVELOPMENT OF KUWAIT AND PERSIAN GULF (DOCKET NO. 0459)

Coun. BOLLING offered the following:

Whereas, United States citizens of different racial

and ethnic backgrounds and gender served bravely in

the struggle to liberate Kuwait; and

Whereas, Americans of color, who represented close to 30 percent of the forces executing Operation Desert Storm, proved their abilities in the war from the front line foot soldiers to the distinguished Chair- man of the Joint Chiefs of Staff, General Colin Po- well; and

Whereas, The redevelopment of Kuwait and the Persian Gulf will require the issuance of contracts valued in excess of $90 billion over the next ten years; and

Whereas, The Government of Kuwait has an- nounced that United States companies will be favored in the award of these redevelopment contracts; and

Whereas, Minority and women-owned businesses deserve to share in the economic benefits accruing to the United States from the reconstruction of the Per- sian Gulf, as minorities and women shared in the lib- eration of Kuwait; and

Whereas, The Boston Herald in a March 12, 1991 editorial supported this concept, stating, "it is imper- ative that minority owned businesses be represented in (Persian Gulf reconstruction) projects"; therefore be it

Resolved, That the Boston City Council, in meet- ing assembled, wholeheartedly supports the full par- ticipation of minority and women owned businesses in the redevelopment of Kuwait and the Persian Gulf; and be it further

Resolved, That the City Clerk forward a copy of this resolution to the President of the United States, the Secretary of the United States Department of Commerce and the Massachusetts Congressional Del- egation.

The resolution was passed under suspension of the rules.

Couns. KELLY and O'NEIL requested that they be recorded in the negative of the foregoing vote.

STATEMENT OF COUNCILLOR BOLLING

Having received unanimous consent to do so, Councillor Boiling stated that he respected the views and opinions of his colleagues but the intent of the foregoing resolution was simply to reflect the diver- sity of America, that this was not a quota bill or an Affirmative Action bill or anything of that nature, but that we show our greatness in what America is about, not only in terms of war but also in terms of peace.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that four late filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The four matters were added to the Agenda to be individually considered.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING TO DETER- MINED WHAT SAFEGUARDS ARE IN PLACE TO RESTORE CITY STREETS AFTER CONSTRUCTION AND REPAIR PROJECTS (DOCKET NO. 0490) Coun. HENNIGAN CASEY offered the following: Whereas, With the impending arrival of spring weather and the initiation of new contracts to per-

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form various construction work upon the streets of the City of Boston by contractors and utilities; and

Whereas, Complaints have been registered by resi- dents of the City of Boston regarding the quality of repaving and repair work; and

Whereas, Questions have been raised regarding the City of Boston quality controls in place to insure that the quality of work that has been performed upon completion of repairs/construction is up to City of Boston codes and standards; Now Therefore Be It

Ordered, That the Committee on City and Neigh- borhood Services hold a hearing to determine which safeguards are in place to insure that roadways in the City of Boston are properly restored upon completion of construction/repair projects and that the appropri- ate officials be invited to attend.

Referred to the Committee on City and Neigh- borhood Services.

COMMITTEE ON POST AUDIT AND OVER- SIGHT TO HOLD HEARING RE NUMBER OF RESIDENTS BY RACE AND ETHNICITY IN EACH PRECINCT AND WARD BASED ON 1990 CENSUS (DOCKET NO. 0491)

Coun. BOLLING offered the following:

Whereas, Federal census 1990 population figures have been announced for Boston, based on census tract totals; and

Whereas, In 1982 and 1983, the Boston Redevelop- ment Authority research department translated census tract figures into the existing ward and precinct lines to assist the City Council to draw up council and School Committee district lines; and

Whereas, The Agency also issued a report showing 1980 census residents with percentages of population for each precinct/ward; and

Whereas, Such data, updated to reflect demo- graphic changes since the 1980 census, will be essen- tial in drawing any new School Committee district lines this year or in redrawing City council districts; now therefore be it

Ordered, That a hearing be held before the Com- mittee on Post Audit and Oversight and representa- tives from the Boston Redevelopment Research De- partment and the Department of Management Information Services be asked to attend and present data to the City Council showing total numbers of residents for each precinct and ward based on the 1990 Federal Census as well as information reflecting total number/percentage of black, Hispanic and Asian populations in each precinct and ward.

Referred to the Committee on Post Audit and Oversight.

SUPPORTING POSITION OF SHERIFF OF SUF- FOLK COUNTY BEFORE UNITED STATES SUPREME COURT RE DOUBLE-BUNKING OF PRISONERS IN NEW NASHUA STREET FACILITY (DOCKET NO. 0446)

Couns. SALERNO, BOLLING, BYRNE, HENNI-

gan casey, iannella, kelly, mccor- mack, Mclaughlin, menino, cneil,

SCONDRAS, TRAVAGLINI offered the following:

Whereas, The newly constructed Nashua Street Jail is a state of the art facility which meets and exceeds the constitutional requirements for pre-trial detention facilities; and

Whereas, The newly constructed Nashua Street Jail has 453 cells within 13 housing units with each unit also containing a day room, a quiet room, an exer- cise area, a counseling room, a large outdoor recrea- tion area, and non-contact visiting rooms; and

Whereas, During the construction of the Nashua Street Jail a certificate of occupancy was obtained from the state building inspector to house 650 per- sons at the jail; and

Whereas, During the construction of the Nashua Street Jail, Boston has experienced an increase in vi- olent crime; and

Whereas, The Boston Police Department has made an increased number of arrests in response to the ris- ing rate of crime and;

Whereas, The increase in violent crime and the in- creased number of arrests made by the Boston Police Department has resulted in a shortage of available pre-trial beds at the Nashua Street Jail; and

Whereas, The Sheriff of Suffolk County has spent more than $900,000 during fiscal year 1990 to trans- port individuals from the Nashua Street Jail to other facilities due to the shortage of beds; and

Whereas, The Sheriff of Suffolk County has pro- posed to double bunk 197 of the 453 cells at the Nashua Street Jail in an effort to address the serious shortage of beds; and

Whereas, The Sheriff of Suffolk County believes double bunking a portion of the Nashua Street Jail would provide sufficient bed space to support the po- lice effort in controlling criminal activity, to elimi- nate the need to transport detainees to other facilities, and to prevent the release of detainees remanded to this custody by the courts with Suffolk County; and

Whereas, The Sheriff of Suffolk County's proposal would require all detainees to undergo an intensive screening and classification procedure including inter- views with social and legal services staff, a complete physical examination by department medical staff, the collection of personal data including medical and mental health information and a thorough orientation of the policies, procedures, and programs of the fa- cility; and

Whereas, The Supreme Court of the United States has ruled that there is no constitutional prohibition against double bunking; and

Whereas, The Sheriff of Suffolk County believes the constitutional intent of a 1979 consent decree, which resulted in the eventual construction of the new Nashua Street Jail, has been met and would not be violated by implementing his proposal to double bunk a portion of the cells at the Nashua Street Jail; and

Whereas, The Supreme Court of the United States has agreed to hear the Sheriff of Suffolk County's appeal of a recent court decision pertaining to the right of the federal courts to intervene in the policy decisions of elected or appointed public officials in carrying out their statutory obligation, and

Whereas, A legal brief outlining the arguments of the Sheriff of Suffolk County is due by April 5, 1991; and

Whereas, The members of the Boston City Council are County Commissioners of Suffolk County; there- fore be it

Resolved, The Boston City Council, in meeting as- sembled, does thereby extend its support to the Sher- iff of Suffolk County in pursuing a favorable decision by the United States Supreme Court; and further be it

Resolved, That the City Clerk, in cooperation with the Sheriff of Suffolk County, forward a copy of this

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Resolution to Kenneth W. Starr, Solicitor General of the United States of America, urging him to file an amicus curiae brief in the Supreme Court of the United States supporting the position of the Sheriff of Suffolk County.

The resolution was adopted under suspension of the rules.

REPORT ON ORDER AUTHORIZING TRANS- PORTATION COMMISSIONER TO SOLICIT AND AWARD CONTRACT FOR PREPARA- TION AND DISPOSAL OF ABANDONED MOTOR VEHICLES FOR TERM NOT TO EX- CEED 5-1/2 YEARS (DOCKET NO. 0387)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, offered the follow- ing:

Report on Docket No. 0387, message of the Mayor and order authorizing the Transportation Commis- sioner to solicit and award a contract for the prepara- tion and disposal of abandoned motor vehicles for a term not to exceed 5-1/2 years (referred March 6) recommending passage of the order.

The report was accepted; the order was passed.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: Thomas Michael Hickey (Docket No. 0460); Debra S. White (Docket No. 0461); William Walsh (Docket No. 0462).

Councillors Menino and Scondras: Staff and Stu- dents of Fenway Middle College High School (Docket No. 0463).

Councillor Travaglini: Anthony Richard DeStefano (DockeLNo^0464),

Councillors Kelly and O'Neil: Declaring March 12, 1991, "Richard Dennis Day" (Docket No. 0465).

Councillor Kelly: George Morancy (Docket No. 0466); Maureen Parolin (Docket No. 0467); Denise Higgins (Docket No. 0468); Anna Sutera (Docket No. 0469); Michael O'Dwyer (Docket No. 0470); Robert Johnson (Docket No. 0471); Michael F. Fla- herty (Docket No. 0472); Christine Hayes (Docket No. 0473); Michael Larkin (Docket No. 0474); John P. Hynes (Docket No. 0475); Thomas J. Butler (Docket No. 0476); Mark Thomas (Docket No. 0477); Dorothy Connolly-Steele (Docket No. 0478); Martin Nee (Docket No. 0479); Thomas McGrath (Docket No. 0480); Donald McColgan (Docket No. 0481); Bill Stoddard (Docket No. 0482); Joe Valle (Docket No. 0483); Ed Kelly (Docket No. 0484); The Hilton at Dedham Place (Docket No. 0485).

Councillor Scondras: Declaring April 6, 1991, "The Textile Club Day" (Docket No. 0486).

Councillor Yancey: Milbert "Doc" McKenzie and the Gospel Hi Lites (Docket No. 0487); Stephanie Michelle Salant (Docket No. 488); Morning Star Baptist Church (Docket No. 0489).

On motion of Councillor Iannella, Rule 11 was suspended in order to add the following matters to the Consent Agenda:

Councillor McCormack: Pat Farris (Docket No. 0492).

Councillor Travaglini: Lillian Boutlier (Docket No. 0493).

Councillor Salerno: All those successfully complet- ing the Family Awareness Program (Docket No. 0494).

Councillor Kelly: Margaret Daley (Docket No. 0495).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 2 p.m., on motion of Councillor Menino, to meet on Wednesday, April 3, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

PRINTING SECTION

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CITY OF BOSTON

Proceedings of City Council

Wednesday, April 3, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

The Reverend Joseph Rothwell of Regina Cleri and St. Joseph's Church, Boston, delivered the invocation, and the meeting was opened with the Pledge of Allegiance to the flag.

ORDER AUTHORIZING NEIGHBORHOOD HOUS- ING TRUST TO EXPEND $753,209.39 IN LINK- AGE FUNDS AND TO ACCEPT AND EXPEND $2, 188,815.90 IN LINKAGE FUNDS RECEIVED AND TO ACCEPT $4,129,161.63 IN LINKAGE FUNDS DUE OR EXPECTED TO BECOME DUE BY 6/30/91 (DOCKET NO. 0496)

The following was received:

City of Boston Office of the Mayor

April 2, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Neighborhood Housing Trust to expend $753,209.39 in linkage funds already accepted by the City Council on December 13, 1989, to accept and ex- pend $2,188,815.90 in linkage funds received, and to accept $4,129,161.63 in linkage funds due or expected to become due to the Trust by the end of the fiscal year, June 30, 1991, pursuant to Articles 26 and 26A of the Boston Zoning Code and to Chapter 7 of the Ordinances of 1986, to be used by the Trust to help increase the supply of affordable housing in the City of Boston.

The Trust is now preparing for its next linkage funding round. I therefore urge your Honorable Body to pass this order as expeditiously as possible so that the Trust can continue its commitment to increasing the supply of af- fordable housing in Boston's neighborhoods. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Whereas, Chapter 371 of the Acts of 1987 and Articles 26 and 26A of the Boston Zoning Code authorize con- tractual agreements between the City of Boston and de- velopers of certain large-scale projects requiring devel- opers to contribute to the creation of affordable housing in the City through development impact payments to the Neighborhood Housing Trust or through direct contribu- tions to the creation of low- and moderate-income hous- ing; and

Whereas, Chapter 37 1 of the Acts of 1987 and Chapter 7 of the Ordinances of 1986 established a Neighborhood Housing Trust, whose purpose is to promote the creation

of affordable housing, and which, subject to the approval by the City Council and the Mayor, is authorized to ac- cept and expend any and all funds contributed to it con- sistent with the purposes of the Declaration of Trust; and

Whereas, As authorized by said Chapter 371 of the Acts of 1987 and by said Articles 26 and 26A or the Boston Zoning Code and by Chapter 7 of the Ordinances of 1986 establishing the Neighborhood Housing Trust, the Office of the Collector-Treasurer has begun collect- ing on behalf of the Trust linkage payments by developers and is holding them in a separate account; and

Whereas, The Boston City Council on July 22, 1987 passed an order authorizing the Neighborhood Housing Trust to accept linkage funds payable during calendar years 1986 and 1987; and

Whereas, The Boston City Council on December 14,

1988 passed an order authorizing the Neighborhood Housing Trust to accept linkage payments payable dur- ing the balance of fiscal year 1988 and fiscal year 1989; and

Whereas, The Boston City Council on December 13,

1989 passed an order authorizing the Neighborhood Housing Trust to accept linkage funds payable during fis- cal year 1990; and

Whereas, Linkage payments from other developers have now become payable or are expected to become payable during fiscal year 1991; now, therefore, be it

Ordered: That the Neighborhood Housing Trust, pur- suant to Chapter 37 1 of the Acts of 1987 and Chapter 7 of the Ordinances of 1986, is hereby authorized to expend the amounts listed below, the acceptance of these amounts having been previously authorized by Order of the City Council on December 13, 1989 and received from the developers of the following projects for the fis- cal year 1990 pursuant to the Development Impact Proj- ect Agreements executed under Articles 26 and 26A of the Boston Zoning Code:

	For
	Fiscal	Annual	Total
Project	Year	Installment	Amount
739 Boylston Street	1990	$	8,571.43	$	8,571.43
Harvard
Medical School	1990	$	6.041.67	$	6,041.67
International Place - 1	1990	$	422,209.53	$	422.209.53
99 Summer Street	1990	$	67,208.33	$	67,208.33
CNY Building
No. 33, 34, 38, 39	1990	$	48,072.00	$	48,072.00
20 Custom House	1990	$	31,436.43	$	31,436.43
Massachusetts
General Hospital	1990	$	120,503.00	$	120.503.00
Northeastern
University	1990	$	49.167.00	$	49,167.00

$ 753,209.39

Further Ordered: That the Neighborhood Housing Trust, pursuant to Chapter 371 of the Acts of 1987 and Chapter 7 of the Ordinances of 1986, is hereby autho- rized to accept and expend the amounts listed below, these amounts being in addition to those amounts autho- rized to be accepted and expended by the City Council Order of December 13, 1989 and having been received from the developers of the following projects for the fis- cal year 1990 pursuant to the Development Impact Proj- ect Agreements executed under Articles 26 and 26A of the Boston Zoning Code:

	For
	Fiscal	Annual	Total
Project	Year	Installment	Amount
Metropolitan Life/
Prudenlial Insurance	1990	$ 468,169.21	$ 468.169.21
CNY Building 149	1990	$1,310,445.00	$1,310,445.00
Schraffts Building	1990	$ 136.447.28	$ 136.447.28 $1,915,061.49

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APRIL 3, 1991

Further Ordered: That the Neighborhood Housing Trust, pursuant to Chapter 371 of the Acts of 1987 and Chapter 7 of the Ordinances of 1986, is hereby autho- rized to accept and expend the amounts listed below due on or before June 30, 1991 , together with interest or pen- alties due, if any, from the developers of the following projects for the fiscal year 1991 pursuant to the Develop- ment Impact Project Agreements executed under Artic- les 26 and 26A of the Boston Zoning Code:

	For
	Fiscal	Annual	Total
Project	Year	Installment	Amount
739 Boylston Street	1991	$	8,571.43	$	8,571.43
Harvard
Medical School	1991	$	6,041.67	$	6,041.67
International Place - 1	1991	$	422,209.53	$	422,209.53
International Place - 2	1991	$	257,684.16	$	257,684.16
CNY Building
No. 33,34, 38, 39	1991	$	48,072.00	$	48,072.00
20 Custom House	1991	$	31,436.43	$	31,436.43
Massachusetts
General Hospital	1991	$	120,503.00	$	120,503.00
Olmsted Plaza	1991	$1,200,000.00	$1,200,000.00
101 Merrimack	1991	$	27,431.00	$	27,431.00
90 Tremont Street	1991	$	94,285.00	$	94,285.00
Prudential	1991	$1,800,000.00	$1,800,000.00
Schraffts	1991	$	63,760.41	$	63,760.41
Northeastern
University	1991	$	49,167.00	$	49,167.00
				$4,129,161.63

Further Ordered: That the Neighborhood Housing Trust, pursuant to Chapter 371 of the Acts of 1987 and Chapter 7 of the Ordinances of 1986, is hereby autho- rized to accept and expend the amounts listed below which have been received from the developers of the fol- lowing projects for the fiscal year 1991 pursuant to the Development Impact Project Agreements executed under Articles 26 and 26A of the Boston Zoning Code:

Project	For Fiscal Year	Annual Installment	Total Amount
Boston College 99 Summer Street	1991 1991	$ 27,388.00 $ 67,208.33	$ 27,388.00 $ 67,208.33
Boston University 360 Newbury Street Children's Hospital	1991 1991 1991	$ 13,731.00 $ 10,551.43 $ 154,875.65	$ 13,731.00 $ 10,551.43 $ 154,875.65 $ 273,754.41

Referred to the Committee on Housing.

ORDER FOR CONFIRMATION OF APPOINTMENT OF HOUSING INSPECTORS IN INSPEC- TIONAL SERVICES DEPARTMENT AUTHO- RIZED TO SERVE CIVIL PROCESS UPON FIL- ING OF BOND FOR TERM ENDING APRIL 30, 1992 (DOCKET NO. 0497)

The following was received:

City of Boston Office of the Mayor

March 26, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the persons named on the enclosed order as Constables of the City of Boston, authorized to serve

civil process upon filing of bond, for the period com- mencing May 1, 1991 and ending April 30, 1992. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the appointment of the following named persons as Constables of the City of Boston for the period commencing May 1, 1991 and ending April 30, 1992 be, and hereby is confirmed.

Beaulieu, Richard, 1757 Dorchester Avenue, Dor- chester Brady, John E. , 86 Alida Rd. , Braintree Bruno, Peter, 530 Bennington Street, East Boston Buttiglieri, Constantino, 50 Beachview Road, East Boston Buttiglieri, James, 56 Beachview Road, East Boston Cappuccio, Francis, 746 East Fourth Street, South Boston Caulfied, Thomas, 409 Baker Street, West Roxbury Cinseruli, Joseph, 1185 Bennington Street, East Boston Connors, John, 277 North Street, Boston Coyne, Ronald P., 7 Oriole Street, West Roxbury Curry, John, 53 Highland Terrace, Needham Denson, Alfonso, 957 Morton Street, Dorchester Dorato, Anthony, 491 The Arborway, Boston Dorato, Joseph, 1 10 Russell Street, Peabody Dorato, Ralph, 1 1 1 Everett Street, East Boston Farrell, Leo, 57 Riverside Avenue, Milton Fitzmaurice, Joseph, 35 Greenbrook Drive, Stoughton Forde, Michael, 26 Fayette Street, Boston Francis. John P., 35 Poole Circle, Holbrook Francis, Marta, 186 Sydney Street, Dorchester Fullerton, Gerald, 4 Leonard Street, Foxboro Garner, Kenneth, 14 Waumbeck Street, Dorchester Hession, Lawrence E., 15 Nancy Road, Milton Holland, Alfred C, Jr.. 138 Old Country Way, Brain- tree Holmes, James, 83 Hollingsworth Street, Mattapan Hurley, Arthur V, 221 Minot Street, Dorchester Jacques, Raoul, 74 Stanton Street, Dorchester Keane, William, 66 Dobson Road, Braintree Kent, Daniel. 885 Shirley Street. Winthrop Keogh, Thomas, 1515 V.F.W. Parkway, West Roxbury Major, Allen, 28 Mather Street, Dorchester Marinella, Joseph, 322 South Street. Medfield McCurdy, Gerald, 46 Mill Street, Randolph Mclnerney, Frank, 225 Corey Street, West Roxbury McNamara, Daniel, 40 Gove Street, East Boston McQueen, Thomas, 100 Mt. Pleasant Avenue, Roxbury Murray, Thomas, 20 Cedar Street, Roxbury O'Brien, John, 17 Waldeman Avenue, East Boston Reane, William, 46 Edgemere Road. Quincy Rodriguez, Juan, 3 Hartford Court, Dorchester Rosenfield, Harold. 150 Clare Avenue, Hyde Park Rugo, Peter J., 5 Melbourne Street, Dorchester Sheehan, Daniel, 209 Milton Street, Dorchester Speigel, Samuel, 91 Stedman Street, Brookline Sullivan, Dennis J., 26 Furnace Colony Drive, Pem- broke Titus, Paula, 79 Fort Avenue, Roxbury Welch, Edward F, 136 Elliot Avenue, Quincy Yancey, Terrance, 73 Dale Street, Roxbury Frattaroli, Frank, 68 Ashland Street, Dorchester Clifford, Daniel P., 50 Hillside Road, Dedham Referred to the Committee on Government Opera- tions.

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CRIME STATISTICS FOR PERIOD FEBRUARY 16, 1991 TO FEBRUARY 22, 1991 (DOCKET NO. 0498)

The following was received:

City of Boston Office of the Mayor

April 2, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing February 16, 1991 and ending Feb- ruary 22, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0499)

Notice was received from the Department of Public Utilities of a hearing on April 18, 1991 re Southnet Cor- poration.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0500)

submitting that the action of Suffolk County Sheriff Ro- bert J. Rufo, the appointing authority, pursuant to M.G.L., Chapter 23, Section 51, in terminating the em- ployment of David J. Hogarth on October 14, 1988, was justified and that just cause existed to terminate David J. Hogarth as Chaplain at Charles Street Jail.

Coun. SCONDRAS moved that the report be tabled to a date certain, namely, next Wednesday, April 10, 1991.

The motion was not carried, yeas 4, nays 9:

Yeas — Councillors Boiling, Salerno, Scondras, Yan- cey — 4.

Nays — Councillors Byrne, Hennigan Casey, Iannella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Travaglini — 9.

Coun. McCORMACK moved that the Council go into executive session to deal with this matter.

Coun. McCORMACK withdrew the motion and moved the previous question.

The motion was carried, yeas 10, nays 3:

Yeas — Councillors Byrne, Hennigan Casey, Iannella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Travaglini, Yancey — 10.

Nays — Councillors Boiling, Salerno, Scondras — 3.

The report was accepted, yeas 13.

Coun. SCONDRAS requested unanimous consent to make a statement.

Unanimous consent was not given.

Later in the session Coun. SCONDRAS moved recon- sideration of the previous vote accepting the report; re- consideration prevailed.

Having received unanimous consent to do so, Council- lor Scondras changed his vote from Yes to No on the mat- ter of acceptance of the report.

Notice was received from the Department of Public Utilities of a hearing on April 18, 1991 re New England Telephone and Telegraph Company.

Placed on file.

REAPPOINTMENT OF THE REVEREND BERNARD McLAUGHLIN (DOCKET NO. 0501 )

Notice was received by the City Clerk from the Mayor of the reappointment of The Reverend Bernard McLaughlin as a member of the Emergency Shelter Commission for a term expiring January 31, 1994.

Placed on file.

REPORT ON ORDER FOR PETITION FOR SPECIAL LAW VALIDATING CERTAIN CONTRACTS AWARDED PRIOR TO EFFECTS OF CHAPTER 30B OF GENERAL LAWS (DOCKET NO. 0413)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No . 04 1 3 , message of the Mayor and order for petition for special law validating certain con- tracts awarded prior to the effects of Chapter 30B of the General Laws (referred March 27) recommending pas- sage of the order.

The report was accepted: the order was passed.

COMMITTEE ON WAYS AND MEANS TO HOLD HEARING RE IMPLEMENTATION OF PRE- TAX EMPLOYEE CONTRIBUTIONS FOR HEALTH AND LIFE INSURANCE AS FORM OF FLEXIBLE BENEFITS PLAN ALLOWED UN- DER INTERNAL REVENUE CODE (DOCKET NO. 0502)

Couns. MENINO, McLAUGHLIN, and KELLY of- fered the following:

Whereas, Chapter 697 of the Acts of 1987 allows the chief executive of any city or town in Massachusetts to adopt a flexible benefits plan pursuant to section 125 of the Internal Revenue Code; and

Whereas, Such a flexible benefit plan would result in a net pay increase for employees at little or no cost to the City and may even result in a financial savings to the City due to the decreased taxable income subject to the Fed- eral medicare deduction, now, therefore, be it

Ordered, That the Committee on Ways and Means hold a hearing to explore the implementation of pre-tax em- ployee contributions for health and life insurance as a form of flexible benefits plan allowed under the Internal Revenue Code and that the Treasurer, the Auditor, the Budget Director, the Director of the Office of Labor Re- lations and the Director of the Insurance Division be in- vited to testify.

Referred to the Committee on Ways and Means.

REPORT ON COMMUNICATION FROM GALEN GILBERT, ESQ., RE DAVID HOGARTH (DOCKET NO. 0421)

Report on Docket No. 042 1 , communication from Ga- len Gilbert, Esq., (referred March 27) after a hearing,

COMMITTEE ON WAYS AND MEANS TO HOLD HEARING RE POSSIBILITY OF TRANSFER- RING $5,000,000 FROM TRAFFIC AND PARK- ING DEPARTMENT TO DEPARTMENT OF HEALTH AND HOSPITALS BUDGET TO KEEP LONG ISLAND HOSPITAL OPEN (DOCKET NO. 0503)

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APRIL 3, 1991

Coun. O'NEIL offered the following:

Ordered, That the Committee on Ways and Means con- duct a speedy hearing to discuss the possibility of trans- ferring the sum of five million dollars from the Boston Traffic and Parking Department to the Department of Health and Hospitals budget for the purpose of keeping the Long Island Hospital open.

Referred to the Committee on Ways and Means.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0504)

Coun. IANNELLA offered the following:

Ordered, That effective Monday, April 8, 1991 the fol- lowing named person be, and hereby is, appointed to the position set against her name until Wednesday, July 3, 1991:

Catherine Fratianni, administrative assistant, $421 .46 per week, full time, 35 hours.

Passed under suspension of the rules.

STATEMENT OF COUNCILLOR O'NEIL

Having received unanimous consent to do so, Council- lor O'NEIL stated that he would very much like all his colleagues to accompany him to Long Island Hospital on Thursday, April 4, 1991 , to observe evidence as to why the proposed closing of Long Island Hospital should not take place.

ORDER THAT CORPORATION COUNSEL BRING SUIT TO ENJOIN BOARD OF HEALTH AND HOSPITALS FROM CLOSING LONG ISLAND HOSPITAL WITHOUT APPROVAL OF MAYOR AND COUNCIL (DOCKET NO. 0505)

Coun. IANNELLA offered the following:

Whereas, Chapter 656 of the Acts of 1965 provides that the Board of Health and Hospitals be subject to the provi- sions of the ordinances; and

Whereas, An ordinance of the city provides that the said board may not close a facility without approval of the Mayor and the City Council; and

Whereas, The board has, albeit absent approval, an- nounced its intention to close Long Island Hospital which has so long met the chronic care needs of the citizens of Boston; and

Whereas, There is no other adequate facility to meet these needs; therefore, be it

Ordered, That the Corporation Counsel be, and hereby is, requested and directed to bring suit forthwith to enjoin the Board of Health and Hospitals from closing the Long Island Hospital without prior approval of the Mayor and Council.

Passed under suspension of the rules.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that five late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The five matters were added to the Agenda and were individually considered.

URGING WGBH-TV TO CONTINUE THEIR "TEN O'CLOCK NEWS", "SAY, BROTHER" AND "LA PLAZA" PROGRAMS (DOCKET NO. 0516)

Couns. BOLLING, O'NEIL, and YANCEY offered the following:

Whereas, The City of Boston has long enjoyed the ded- icated and highly qualified WGBH-TV news staff and media personnel responsible for the production of the programs, "The Ten O'clock New," "La Plaza," and "Say, Brother"; and

Whereas, WGBH-TV, the Boston-based public televi- sion station is currently considering cancelling these pro- grams; and

Whereas, Given the rich diversity in the City of Boston, it is important that television programming re- flect this diversity and provide quality programming to all Bostonians; and

Whereas, It is imperative that the thought provoking programs consistently shown on WGBH-TV be main- tained; Therefore, Be It

Resolved, That the Boston City Council, urges WGBH-TV to continue broadcasting the programs "The Ten O'Clock News," "La Plaza," and "Say, Brother," and Be It Further

Resolved, That the City Clerk forward copies of this resolution to the President, Station Manager and the Community Advisory Board at WGBH-TV in Allston.

The resolution was adopted under suspension of the rules.

URGING COMMUNITY SCHOOLS OF BOSTON TO RECONSIDER DECISION TO ELIMINATE STI- PENDS FOR PEER LEADERS IN YOUTH OUT- REACH PROGRAM (DOCKET NO. 0517)

Couns. SALERNO, BYRNE, BOLLING, HENNI- GAN CASEY, IANNELLA, McLAUGHLIN, SCON- DRAS, and YANCEY offered the following:

Whereas, The Committee on Ways and Means con- ducted a public hearing on March 7, 1991 to examine the impact of proposed cuts, both local and state, affecting the youth of Boston; and

Whereas, Representatives from the State's Department of Youth Services, representatives of the City's Depart- ment of Parks and Recreation, representatives from Community Schools of Boston, representatives of agen- cies serving young people, and over 150 young people from the City of Boston attended the hearing; and

Whereas, A major concern raised during the hearing related to the effects on Boston youth if there were cuts in Community School's Youth Outreach Program, particu- larly the elimination of stipends for the Program's Peer Leaders, the only teenagers employed year round by the City of Boston; and

Whereas, The Community Schools operates a Youth Outreach Program in 10 community schools in Boston consisting of 2 adult youth outreach workers and 8 teen- age peer leaders at each school; and

Whereas, The Peer Leaders, working closely with the adult outreach workers, play a key role in the success of the Youth Outreach Program's efforts to work with and empower many of Boston's youth; and

Whereas, The fiscal 1991 budget for the stipends paid to the 80 peer leaders was $145,000, approximately 22.5 percent of the $640,000 allocated for the entire Youth Outreach Program thus making this Program subject to a disproportionate reduction as compared to the 5 percent - 10 percent reduction forecasted for the entire Commu- nity School's fiscal 1992 budget; and

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Whereas, Testimony presented at the March 7th public hearing attested to the critical role the Peer Leaders have played in the lives of many young people in Boston; and

Whereas, Witnesses at the March 7th public hearing acknowledged that many present peer leaders could not afford the remain in the program if they did not receive a stipend; and

Whereas, Members of the Committee on Ways and Means received suggestions which reflected the need to reduce the fiscal year 1992 budget for the Youth Outreach Program, for example, a reduction in the total number of youth outreach workers and peer leaders as opposed to the elimination of the stipends for all peer leaders; and

Whereas, The Administration has often stated its com- mitment to provide services that are designed to nurture and empower the youth of Boston; therefore, be it

Resolved, That the Boston City Council, in meeting assembled, urges the Community Schools of Boston to reconsider its decision to eliminate the stipends for the Peer Leaders employed in the Youth Outreach Program; and further be it

Resolved, The Boston City Council, in meeting assem- bled, urges the Mayor of Boston to take the necessary steps to ensure the Peer Leaders program shall continue to provide employment to the youth of Boston.

The resolution was adopted under suspension of the rules, yeas 10, nays 2:

Yeas — Councillors Boiling, Byrne, Hennigan Casey, lannella, McCormack, McLaughlin, Salerno, Scondras, Travaglini, Yancey — 10.

Nays — Councillors Kelly, O'Neil — 2.

Voting Present — Councillor Menino — 1 .

STATEMENT OF COUNCILLOR MENINO

Having received unanimous consent to make a state- ment. Councillor Menino stated that the reason he voted Present on the foregoing matter was that although he be- lieves in the program, he just does not believe in cutting other youth programs in the City of Boston for the sake of the Peer Leaders.

URGING GOVERNOR WELD TO APPOINT MEM- BERS TO MWRA BOARD OF DIRECTORS WHO WORK TO IMPLEMENT TWO-TIER INDUS- TRIAL SEWER FEE SYSTEM (DOCKET NO. 0518)

Couns. SALERNO, BOLLING, BYRNE, HENNI- GAN CASEY, IANNELLA, McCORMACK,

Mclaughlin, menino, scondras, and yan-

CEY offered the following:

Whereas, The Special Committee on Intergovern- mental Relations held a public hearing on December 12, 1990 in accordance with Docket No. 1061 which was submitted to the Boston City Council on September 19, 1990; and

Whereas, Testimony was heard from members of the MWRA's Board of Directors, representatives of the Na- tional Toxics Campaign, and a number of homeowners and/or community leaders from the neighborhoods of Dorchester, Charlestown, Hyde Park, Roxbury, East Boston, Jamaica Plain, and Mattapan; and

Whereas, Testimony given at this hearing reflected a genuine concern that the expected increase in water and sewer rates would place a substantial financial burden on many working people of the City of Boston; and

Whereas, Testimony given at the hearing indicated there was a common goal among all concerned that the Boston Harbor be cleaned up as quickly as possible in order to take advantage of its recreational and commer- cial potential; and

Whereas, Testimony from representatives of the MWRA included an announcement that the MWRA Board of Directors approved, on December 12th, a plan that would establish industrial permit fees to cover the cost of the MWRA's Toxic Reduction Control Depart- ment; and

Whereas, Testimony from representatives of the MWRA Board of Directors included an announcement that it has approved an initiative of the National Toxics Campaign to broaden an MWRA Advisory Committee on sewer rates and the harbor cleanup to include labor, tenant, and homeowner interests; and

Whereas, The decision by the MWRA's Board of Di- rectors to implement permit fees and expand representa- tion on the Advisory Committee represents the resolution of two key issues raised by citizens advocates, commu- nity leaders and homeowners who testified at the hear- ing; and

Whereas, Testimony from scientists and researchers associated with the National Toxics Campaign purported that the majority of toxic waste discharged into the Boston Harbor was industrial discharge and that such dis- charge is, on average, more toxic than residential dis- charge; therefore be it

Resolved: That the Boston City Council, in meeting assembled, hereby supports the concept, in principle, of a two-tier industrial sewer fee system; and further be it

Resolved: That the per pound discharge fee levied on industry be based on the studies presently being prepared by the National Toxic Campaign and the MWRA; and further be it

Resolved: That the Boston City Council, in meeting assembled, urges the Mayor of Boston and the three Boston members of the MWRA Board of Directors to support, in principle, the two-tier industrial sewer fee system; and further be it

Resolved: That the Boston City Council, in meeting assembled, urges Governor Weld to act on his pre- election support for the two-tier industrial sewer fee sys- tem; and further be it

Resolved: That the Boston City Council, in meeting assembled, hereby urges Governor Weld to act on his pre-election support for appointing members of the MWRA Board of Directors who would work to imple- ment the two-tier industrial sewer fee system.

The resolution was adopted under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0519)

Coun. IANNELLA offered the following:

Ordered: That effective Monday, April 8. 1991 the fol- lowing named person be, and hereby is, appointed to the position set against her name until Wednesday, July 3, 1991:

Jessica S. Mitchell, administrative assistant, $517.24 per week, full time, 35 hours.

Passed under suspension of the rules.

68

APRIL 3, 1991

AN ACT AMENDING THE CITY OF BOSTON BOND AND MINIBOND PROCEDURE ACT OF 1983 (DOCKET NO. 0520)

The following was received:

City of Boston Office of the Mayor

April 3, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval "An Act Amend- ing the City of Boston Bond and Minibond Procedure Act of 1 983 " . This legislation is necessary in light of the pro- found changes which have occurred in the capital mar- kets since the Bond and Minibond Procedure Act was enacted in 1983. This home rule petition will modernize the power of the Collector-Treasurer to borrow money on the most advantageous terms and to enter into invest- ments and other arrangements which maximize invest- ment income revenue and will afford the Collector- Treasurer the same degree of flexibility as the State Treasurer to address these new challenges and opportuni- ties in the capital markets. In summary, this legislation would:

1. Permit the Collector-Treasurer, with the approval of the Mayor, to sell bonds at the discount level that he determines to be most advantageous to the City. Depend- ing on market conditions, selling bonds at a discount could result in substantial interest cost savings to the City over the life of the bond issue and could have a positive effect on the City's annual operating budget because of the resulting decrease in its annual debt service pay- ments.

2. Permit the Collector-Treasurer to amortize (pay off) the principal amount of bonds on a schedule which he determined, with the consent of the Auditor, was in the best financial interest of the City. Depending on market conditions, how a bond issue is amortized could have a material effect on interest rates and on the City's annual operating budget for debt service.

3. Amplify the existing powers of the Collector- Treasurer to enter into investments and derivative secu- rity arrangements which he determines to be in the best interest of the City in terms of maximizing investment revenues within the limits of prudent cash flow manage- ment.

I urge your Honorable Body to approve this legislation. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause ( 1 ) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors. Changes of form only:

Section 1 . Paragraph (f) of section 3 of chapter 643 of the acts of 1983 is hereby amended by striking out the second sentence and inserting before the last sentence the following sentence: For purposes of calculating the prin- cipal amount of bonds on the date of their issuance to determine the amount available for issuance under any bond authorization as provided in the preceding sen- tence, the principal amount shall be an amount equal to the net proceeds of such bonds plus any discount repre- senting cost of issuance thereof.

Section 2. Paragraph (b) of section 4 of chapter 643 of the acts of 1983 is hereby amended by striking out the second sentence.

Section 3. Section 14 of chapter 643 of the acts of 1983 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: Not- withstanding the provisions of any general or special law to the contrary, and without any other proceedings or the happening of any other conditions or things other than those expressly required in this section, but subject to any agreement securing bonds, the collector-treasurer of the city may, in his sole discretion, on such terms, and se- lected in such manner as he may deem advisable, invest funds over which the city has exclusive control, including without limitation the proceeds of bonds, revenues pledged for the payment of bonds and other revenue cash of the city, in any investments which are legal invest- ments for funds of the commonwealth under chapter twenty-nine or chapter thirty-two of the General Laws, and may in his sole discretion, on such terms, with such counterparties, and selected in such manner as he may deem advisable, enter into such agreements with respect to bonds, notes, investments, program of investments of the city or the carrying thereof, with the approval of the mayor, as are permitted for the commonwealth under said chapters twenty-nine or thirty-two, after giving due consideration where applicable, to the selection criteria for counterparties set forth in said chapter twenty-nine.

Referred to the Committee on Ways and Means.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: Dr. Peter J. Ferrino (Docket No. 0506): Denise Monks (Docket No. 0507).

Councillor Scondras: Daniel Holmes (Docket No. 0508); Gary Brown (Docket No. 0509); Ray Tye (Docket No. 0510).

Councillor Yancey: Declaring May 4, 1991, "African Immigrant Community Day" (Docket No. 0511); Dorothy Bell Walton (Docket No. 0512).

Councillor Byrne: William E. Lee (Docket No. 0513).

Councillor Iannella: Declaring April 5, 1991, "Mount Saint Joseph Academy Day" (Docket No. 0514); declar- ing April 11, 1991, Anthony A. Abruzzese Day" (Docket No. 0515).

On motion of Councillor Iannella, Rule 11 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Menino: Declaring April 16. 1991, "Nor- man L. Sadowsky Day" (Docket No. 0521); Margaret Fung (Docket No. 0522).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 2:07 p.m., on motion of Councillor O'NEIL, to meet on Wednesday, April 10, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

PRINTING SECTION

CITY COUNCIL

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CITY OF BOSTON

Proceedings of City Council

Wednesday, April 10, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

The Reverend Ronald Coyne, St. Catherine's Church, Charlestown, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITOR TO CITY COUNCIL

President IANNELLA introduced Councillor O'NEIL, who presented to David M. Arnold with a citation from the Council commending him for his services to others. Mr. Arnold thanked the members of the Council and, when asked by Councillor O'NEIL to do so, did a tap dance from a sitting po- sition on a piece of wood about three feet square.

APPROPRIATION AND TAX ORDERS FOR FIS- CAL YEAR COMMENCING 7/1/91 AND ENDING 6/30/92 (DOCKET NO. 0532)

The following was received:

City of Boston Office of the Mayor

April 10. 1991. To the City Council. Dear Councillors:

I transmit herewith my proposed Fiscal Year 1992 operating budget for the City of Boston and the County of Suffolk. This budget is noteworthy in the following respects:

• The proposed budget marks the seventh consecu- tive year in a row of a balanced City budget;

• The proposed budget reflects the first decrease in City spending since the Proposition 2-1/2 im- pacted budgets of the early 1980s;

• The proposed budget protects essential neighbor- hood services as much as possible and gives high priority to public safety, education, youth, critical health care, and emergency shelter expenditures; and,

• The proposed budget, while harmful to City services, capitalizes on the opportunity to make appropriate organizational changes and to insti- tute improvements in services.

The decrease in City spending is a direct reflection of misplaced state and federal priorities. It is also, unfortunately, an aspect of the weak Massachusetts

economy which is not only harming families and communities but governmental budgets as well. Of particular note, however, is the escalating abandon- ment by the Commonwealth of Massachusetts of its cities and towns as expressed in the form of an active and adequately funded local aid program. The part- nership of the state with its 351 cities and towns is clearly at an end, as the state continues to off-load the effects of its fiscal mismanagement onto the backs of cities and towns. In sum, the retreat of state government in support of cities and towns, along with the impact of the recession, lowers projected City spending by 2.5% when compared to the current year appropriation.

Since my first budget submission in FY85, Boston has managed its financial affairs in a responsible manner. Indeed, since FY89 my budget proposals have reflected a determination to insure that City spending matched available resources. For most City departments the proposed budget will be the third year in a row of budget cuts. In terms of both dollars and staffing the City is living within its means. From FY85 until FY92 City budget increases have aver- aged 4.3% per year, less than the rate of inflation over the same period. In constant dollars, the pro- posed spending plan for FY92 is less than actual spending in FY85. Staffing for all City departments (other than the School Department) is less than it was when I took office. Indeed, a recent Special Report issued by the Boston Municipal Research Bureau noted:

"For the second consecutive year, the City of Boston reduced its total work force, reflecting the City's limited revenue growth, primarily due to cuts in state aid . . . The total number of city and county positions, excluding schools, on the payroll as of January 1, 1991 was 34 less than when Mayor Flynn began office." BMRB Special Report, March 21, 1991, p. 1.

Our commitment to sound finance has also been the reason for five bond rating increases for the City of Boston over the past seven years. These fiscal achievements are matched by the improvements in City services over the same period. Fiscal stability and credibility are the cornerstones to sustained im- provements in programs and services. Times, however, have gotten a lot tougher. In order to keep my committment to a balanced City budget, difficult — and in a number of cases painful — cuts must be made. Overall, the proposed FY92 budget reduces current departmental appropria- tions by $59 million. In terms of departments provid- ing direct City services the average cut will be 5.0%; for administrative support departments the average reduction will be 21.%. Only one City service de- partment, the Emergency Shelter Commission, is slated for a budget increase for FY92. All other City agencies will be cut, most for the third year in a row. Should the Governor and the State Legislature restore the cuts in local aid, however, our first prior- ity will be to work toward restoring the budgets of those departments providing direct City services.

Some specific examples of budge reductions are as follows: • Departments Providing City Services Police Department —1.7%

Fire Department —3.0%

School Department -3.9%

Library Department —9.2%

Public Works Department -11.4%

Inspectional Services Dcpi. -19.8%

Parks Department 19.991

Office of Business & Cultural Development -31.4%

70

APRIL 10, 1991

• Departments Providing Administrative Support Treasury Division —12.6% Assessing Department —15.3% Purchasing Division/ASD -19.7% Law Department —24.1% Office of Budget e Program

Evaluation/ASD -24.3%

Printing Department/ASD -28.6%

Mayor's Policy Office -31.8%

Retirement Board -43.9%

Included in this budget is a proposed appropriation for the Boston School Department of $374 million. With this addition of $4.5 million in state Equal Edu- cation Opportunity Grant money and federal impact funds, the school system will have $378.5 million in direct operating funds available to it for FY92. When available grant funds are used, total school spending for the next fiscal year will exceed $432.5 million or an average of $7,600 per student. In the City's capi- tal budget, I have allocated an additional $165 mil- lion for school building improvements. While the proposed budget for FY92 represents a slight de- crease in funding for the School Department, the de- cline is just 1/10 of 1 percent compared to FY90 ex- penditures. If additional local aid funds become available I will recommend and increase in the pro- posed budget for the School Department based upon a fair, proportioned distribution of those dollars to the school system and other priority City services. It is imperative, however, that the School Committee commit itself to a fiscally responsible spending plan for FY92, and not continue their past practice of knowingly overspending their appropriation.

This budget is premised, though, on the fact that the Commonwealth, will cut local aid to the City of Boston for the third year in a row. The proposed cut for FY92 is particularly harmful in that it disapro- portionately penalizes the City of Boston. Of the an- nounced local aid cut of $110 million, Boston's share of the cut was $28 million or fully one quarter of the cuts proposed for all cities and towns, although Boston represents just 10% of the state's population. As Boston and most other cities and towns are fis- cally dependent upon the local aid revenue sharing program, we are left with but one option — the re- duction of department budgets and the gradual disas- sembling of critical services. The state's disinvest- ment in its Capital City is more puzzling in the sense that it is not in the Commonwealth's financial interest to harm the City that has served as the state's princi- pal tax revenue resource. According to the Boston Redevelopment Authority, 23 % of goods and services produced in the Commonwealth are due to economic activity within the City of Boston.

The proposed budget, though, does present the op- portunity for organizational improvement and the sav- ing of dollars. Some of the more significant changes are:

• Consolidating Long Island Hospital with Mattapan Hospital, a move which will improve patient care;

• Consolidating the Environment Department with the Parks Department, a change which will en- hance the City's ability to place additional re- sources into its environmental programs;

• Consolidating the City's Cable Communications Office with the City's Management Information Systems Office, a change which will place all communication technology within one agency:

• A proposal to consolidate the City's two licensing boards, ending an anachronism which need not exist today; and,

• Terminating funding for the City Listing Board, an obsolete state mandate which, if the Common- wealth finds useful, it can fund.

Overall, the abolishment and consolidation of vari- ous City agencies will save over $1 million for FY92.

Also, of particular importance in terms of the City environment and with a view toward long term sav- ings, the budget funds the first City wide recycling effort. Through FY91, the Department of Public Works had successfully managed several pilot recy- cling efforts. Based upon the lessons learned from these smaller programs, the city will begin a major recycling effort aimed at collecting and recycling of newspaper. While some concerns over the short term viability of the programs exist, and while it is hoped that the Commonwealth will do its part in helping to create sustainable markets for recycled newspapers, the City will begin its program in the belief that it is a smart environmental approach for the remainder of this century and the next, and will ultimately save the taxpayers money.

FY92 will be a year of challenge, but it can also be a year of opportunity. While it is patently unfair and terrible public policy to continue to cut local aid, we will not complain about our fate. While we will fight to keep the Commonwealth to its commitment to return our tax dollars back to local government, we are prepared — indeed, we are determined — to maintain a credible and balanced budget. Faith in government is based on a belief that those of us elected to serve the people are accountable and com- mitted to spending tax dollars wisely and well. In this, my eighth budget since first being elected Mayor, I keep that pledge to the people of the City of Boston.

I respectfully submit this budget to the City Coun- cil, and look forward to discussing it with you. Sincerely,

Raymond L. Flynn, Mayor of Boston.

APPROPRIATION AND TAX ORDER

FOR THE FISCAL YEAR

COMMENCING JULY 1, 1991 AND

ENDING JUNE 30, 1992

ORDERED:

I. That to meet current expenses of the City of Boston and the County of Suffolk, in the fiscal year commencing July 1, 1991 and ending June 30, 1992, the respective sums of money specified in the sched- ules hereinafter set out, be. and the same hereby are, appropriated for expenditure under the direction of the respective boards and officers severally specified, for the several specific purposes hereinafter desig- nated and, except for transfers lawfully made, for such purposes only — said appropriations, to the ex- tent they are for the maintenance and operation of parking meters, and the regulation of parking and other activities incident thereto (which is hereby de- termined to be $8,000,000), being made out of the income from parking meters and, to the extent they are for other purposes, being made out of the pro- ceeds from the sale of tax title possessions and re- ceipts from tax title redemptions, in addition to the total real and personal property taxes of prior years collected from July 1, 1990 up to and including March 31, 1991, as certified by the City Auditor un- der Section 23 of Chapter 59 of the General Laws, and out of available funds on hand (which is hereby determined to be TEN MILLION NINE HUNDRED SIX THOUSAND SIX HUNDRED TWENTY DOL- LARS ($10,906,620) as certified by the Director of Accounts under said Section 23, and the balance of said appropriations to be raised by taxation pursuant to said Section 23: —

CITY COUNCIL

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CITY COUNCIL

73

FURTHER ORDERED:

I. That to meet so much of the expenses of main- taining, improving and embellishing in the fiscal per- iod commencing July 1, 1991 and ending June 30, 1992, cemeteries owned by the City of Boston, or in its charge, as is not met by the income of deposits for perpetual care on hand December 31, 1990, the respective sum of money specified in the subjoined schedule be, and the same hereby is, appropriated out of the fund set up under Chapter 13 of the Acts of 1961 — the same to be expended under the direc- tion of the Commissioner of Parks and Recreation: 015-400-3321 CEMETERY DIVISION PARKS AND RECREATION DEPARTMENT

1. Personal Services $1,027,919

2. Contractual Services 64,000

3. Supplies and Materials 59,200

4. Current Charges and Obligations 76,000

5. Equipment 15,300

6. Other 57,581 TOTAL $1,300,000

Park Drive, Boylston Street and Brookline Avenue re- quires a CDAG grant from the Commonwealth of Massachusetts in the amount of up to One Million Dollars ($1,000,000) for the purchase and improve- ment of the missing link of the "Emerald Necklace" and associated traffic mitigation measures: now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to sub- mit an application to the Commonwealth of Massa- chusetts for up to One Million Dollars ($1,000,000) in Community Development Action Grant (CDAG) funds to aid in the development of the Olmsted Plaza Project; in connection therewith to execute and de- liver such documents as may be required by the Commonwealth of Massachusetts; to act as the autho- rized representative of the City in connection with said application; and, in accordance with Section 53 A of Chapter 14 of the General Laws of the Com- monwealth, to accept and expend such funds as may be granted for the purposes for which granted.

Referred to the Committee on Planning and De- velopment.

On motion of Coun. MENINO, the orders were re- manded to the Mayor.

ORDER AUTHORIZING CITY TO APPLY FOR, ACCEPT AND EXPEND CDAG OF $1,000,000 FOR OLMSTED PLAZA PROJECT (DOCKET NO. 0523)

The following was received:

City of Boston Office of the Mayor

April 9, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order au- thorizing the City of Boston to apply for, accept and expend a Community Development Action Grant (CDAG) in an amount not less than One Million Dol- lars ($1,000,000) to assist in the development of the former Sears Building located in the Fenway into a state-of-the-art biomedical research center to be called "Olmsted Plaza" and permitting the Mayor to execute documents associated with the CDAG Grant and to expend the CDAG funds for the Project. The CDAG funds will be used for the purchase and im- provement of the missing link of the "Emerald Neck- lace" located between Park Drive, Boylston Street and Brookline Avenue, and the associated traffic miti- gation measures. The Boston Redevelopment Author- ity will administer the CDAG Grant on behalf of the City.

The City has shown strong support for the Olmsted Plaza Project. Construction of the Project is expected to commence in the summer.

I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor.

Whereas, the Massachusetts Community Develop- ment Action Grant (CDAG) Program was established as part of Chapter 789 of the Acts of 1981; and

Whereas, the development of the former Sears Building in the Fenway into a state-of-the-art biome- dical research center to be known as "Olmsted Plaza" and the purchase and improvement of the missing link of the "Emerald Necklace" between

ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND EMERGENCY SHELTER GRANT OF $442,000 FROM U. S. DEPARTMENT OF HOUSING (DOCKET NO. 0524)

The following was received:

City of Boston Office of the Mayor

April 3, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order au- thorizing the City of Boston to accept and expend the Emergency Shelter Grant in an amount not to exceed Four Hundred Forty-Two Thousand Dollars ($442,000) awarded by the U. S. Department of Housing and Urban Development (HUD) under the Stewart B. McKinney Homeless Assistance Act, as amended (42 U.S.C. 11381-11388), and the Fiscal Year 1991 HUD and Independent Agencies Appropri- ations Act (P.L. 101-507).

I urge your Honorable Body to adopt this order as soon as possible so that the City of Boston may ac- cept the funds expeditiously and expend them for the purposes for which they were granted. Sincerely,

Raymond L. Flynn, Mayor.

Whereas, The Stewart B. McKinney Homeless As- sistance Act, as amended (42 U.S.C. 11381-11388), contains provisions authorizing the U.S. Department of Housing and Urban Development (HUD) to make grants to units of general local government under the Emergency Shelter Grants Program for the rehabilita- tion or conversion of buildings for use as emergency shelter for the homeless, for certain operating ex- penses, essential social service expenses and home- less prevention activities in connection with emer- gency shelter for the homeless; and

Whereas, Funds in the amount of $73,164,000 have been appropriated for the Emergency Shelter Grant Program through the Fiscal Year 1991 HUD and Independent Agencies Appropriations Act (P.L. 101-507); and

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APRIL 10, 1991

Whereas, The City of Boston is entitled under the provisions of this Act to apply for a grant not to ex- ceed $442,000; and

Whereas, On March 6, 1991, the City of Boston received authorization from the City Council to apply to HUD under the provisions of the Act for an Emer- gency Shelter Grant not to exceed $442,000; and

Whereas, The Public Facilities Department (PFD) will administer the proposed Emergency Shelter Grant; and

Whereas, PFD has received and reviewed docu- mented requests in the amount of $442,000 for as- sistance in meeting the costs of rehabilitating facilities for emergency shelters for the homeless, and for cer- tain operating costs, essential services for the home- less, and homelessness prevention activities; now therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to ac- cept an Emergency Shelter Grant in the amount of not more than Four Hundred Forty-Two Thousand Dollars ($442,000) awarded by the U.S. Department of Housing and Urban Development under the Ste- wart B. McKinney Homeless Assistance Act, as amended (42 U.S.C. 11381-11388), and, in connec- tion therewith to execute and deliver such documents as may be required by the Federal Government and, in accordance with M.G.L. c. 44 s. 53A, to expend said funds for the purposes for which granted.

Referred to the Special Committee on the Hun- gry and Homeless.

CRIME STATISTICS FOR PERIOD 2/23/91 THROUGH 3/1/91 (DOCKET NO. 0525)

The following was received:

City of Boston Office of the Mayor

April 3, 1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing February 23, 1991 and ending March 1, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

NOTICE OF HEARINGS FROM DEPARTMENT OF PUBLIC UTILITIES

Notice was received from the Department of Public Utilities of hearing on April 14, 1991, re Coin Com- munications, Inc. (Docket No. 0526)

Notice was received from the Department of Public Utilities of hearing on May 3, 1991, re Spring wich Cellular Limited Partnership. (Docket No. 0527)

Severally placed on file.

NOTICES FROM DEPARTMENT OF ENVIRON- MENTAL PROTECTION, WATERWAYS REG- ULATION PROGRAM.

Notice was received from the Department of Envi- ronmental Protection, Waterways Regulation Program

re: License application No. W91-0855 of the Massa- chusetts Public Works Department for relocation of a section of the Porter Street Storm Drain. (Docket No. 0528)

Notice was received from the Department of Envi- ronmental Protection, Waterways Regulation Program re: license application No. W9 1-0836 of the Massa- chusetts Public Works Department, to construct and maintain a timber pier, gangway, floats and piles at Columbia Point. (Docket No. 0529)

Notice was received from the Department of Envi- ronmental Protection, Waterways Regulation Program re: license application No. W91-0861 of the Massa- chusetts Public Works Department, for relocation of portions of Harborside Drive and associated utilities. (Docket No. 0530)

Severally placed on file.

REPORT ON ORDER ACCEPTING PROVISIONS OF SECTION 57C OF CHAPTER 59 OF GEN- ERAL LAWS RE QUARTERLY TAX BILLS AS ALTERNATIVE TO BIANNUAL BILLING (DOCKET NO. 0390)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0390, order accepting the provisions of Section 57C of Chapter 59 of the Gen- eral Laws re quarterly tax bills as an alternative to biannual billing (referred March 6) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER FOR PETITION FOR SPE- CIAL LAW RE AN ACT REORGANIZING THE SCHOOL COMMITTEE OF THE CITY OF BOSTON (DOCKET NO. 0457)

Coun. McCORMACK, on behalf of the Committee on Public Education, submitted the following:

Report on Docket No. 0457, order for petition for special law re an act reorganizing the School Com- mittee of the City of Boston (referred March 27) rec- ommending passage of the order in the following new draft:

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only:

Section 1. Notwithstanding the provisions of chap- ter 605 of the acts of 1982, as amended by chapter 343 of the acts of 1986, chapter 452 of the acts of 1948, as amended by chapter 376 of the acts of 1951 and as further amended by chapter 190 of the acts of 1952, and further notwithstanding sections one hun- dred and twenty-eight to one hundred and thirty-four, inclusive, of chapter forty -three of the General Laws or any other general or special law to the contrary, the school committee of the city of Boston as pres- ently constituted is hereby abolished as of the date of expiration of the terms of the incumbent members thereof and no election for school committee shall be held in 1991 or thereafter.

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Section 2. Subject to the provisions of this act, the school committee of the city of Boston shall consist of seven appointed members. The mayor of Boston shall have the power to appoint the seven members of the school committee subject to the provisions gov- erning the nominating panel as set forth in this act. The members of the school committee shall at all times during their terms of office be Boston resi- dents. The mayor shall strive to appoint individuals who reflect the ethnic, racial, and socioeconomic di- versity of the city of Boston and its public school population.

Section 3. All existing powers and duties hitherto exercised by the Boston school committee, including the powers and duties set forth in chapter 613 of the acts of 1987, shall henceforth be exercised by the seven member appointed school committee.

Section 4. The term of office of the members of the school committee shall be four years and shall commence on the first day of the municipal year; provided, however, that of the members initially ap- pointed one shall be appointed for a term of one year, two shall be appointed for a term of two years, two shall be appointed for a term of three years, and two shall be appointed for a term of four years. Upon the appointment of all seven members by the mayor, the city clerk shall administer the oath of of- fice to the school committee and they shall subscribe in the book kept by the city clerk in accordance with the provisions of St. 1948, c. 452, s. 11 A, as amended by St. 1983, c. 342, s. 1. The office of each member shall expire upon the expiration of the term of said member and shall become vacant. Any member whose term of office shall expire may be considered for reappointment, but only if renomi- nated by the nominating panel. A president of the school committee shall be elected annually by its members at the first meeting in each municipal year.

Section 5. Notwithstanding any special or general law to the contrary, the members of the school com- mittee appointed pursuant to this act shall not have the authority to hire personal staff; provided, how- ever, that a paid administrative assistant may be ap- pointed by the president of the school committee.

Section 6. There shall be in the city of Boston a nominating panel composed of thirteen members whose sole function shall be to nominate persons for consideration by the mayor for appointment to the school committee. Representation on the panel and the selection of said members shall be as follows:

(a) Four parents of children in the Boston public school system as follows; (i) one parent who shall be selected by the citywide parents council; (ii) one par- ent who shall be selected by the citywide educational coalition; (iii) one parent who shall be selected by the Boston special needs parent advisory council; and (iv) one parent who shall be selected by the bilingual education citywide parent advisory council.

(b) One teacher in the Boston public school system who shall be selected by the Boston teachers union from its membership.

(c) One headmaster or principal in the Boston pub- lic school system who shall be selected by the Boston association of school administrators and supervisors from its membership.

(d) One representative from the Boston business community as follows: one representative each shall be selected by the private industry council, the Boston municipal research bureau, and Boston cham- ber of commerce from their respective memberships. Such representatives shall serve on a rotating basis as follows: the representative from the private industry council shall serve for the first year of the first term

of the nominating panel; the representative from the Boston municipal research bureau shall serve for the second year of the first term of the nominating panel; the representative from the Boston chamber of com- merce shall serve for the first year of the second term of the nominating panel; and so forth.

(e) One president of a public or private college or university who shall be selected by the chancellor of higher education of the commonwealth.

(f) One person shall be the commissioner of educa- tion of the commonwealth.

(g) Four persons who shall be appointed by the mayor.

The members of the nominating panel shall be se- lected from time to time no later than September thirtieth and shall serve for a term of two years, ex- cept as otherwise provided in this section. In the event that any member does not complete his or her term for any reason, the person or entity who se- lected such member shall select another person in like manner to complete the unexpired term.

Section 7. (a) The nominating panel annually shall from among its membership elect a chairman who shall forthwith file a list of the names and addresses of the members of the panel with the city clerk. The panel shall meet in public for the sole purpose of de- liberating upon, hearing public comment with respect to, and finally selecting a list of nominees to be pre- sented to the mayor from time to time. Each nominee shall be a resident of Boston at the time of such nomination. The panel shall strive to nominate indi- viduals who reflect the ethnic, racial and socioeco- nomic diversity of the city of Boston and its public school population.

(b) The first nominating panel shall convene itself in a municipal building within thirty days after the effective date of this act. It shall hold such meetings as it deems necessary and shall present to the mayor a list containing the names and addresses of not fewer than twenty-one nominees not later than De- cember 2, 1991, from which the mayor shall appoint seven persons to serve as members of the school committee; provided, however, should the panel fail to present said list to the mayor by December 2, 1991, the mayor shall have the power to appoint any person he deems suitable to the office of school com- mittee for the terms to commence in the following January.

(c) In 1992 and thereafter, on the first Wednesday of October of every year the nominating panel shall convene to select not fewer than three but not more than five nominees for each office of school commit- tee member that shall become vacant on the first day of the next municipal year. No later than the first Monday in December of each year, the panel shall present to the mayor a list containing the names and addresses of the said nominees for each term of of- fice to commence on the first day of the next munici- pal year; provided, however, should the panel fail to present said list to the mayor by said first Monday in December, the mayor shall have the power to appoint any person he deems suitable to the office of school committee for the term to commence in the following January.

(d) Upon notice provided by the city clerk that a vacancy exists in the office of any school committee member due to death or resignation, the panel shall convene within ten days of such notice and shall, within thirty days after so convening, select and present to the mayor a list containing the names and addresses of not fewer than three but not more than five nominees. Within fifteen days after such present- ment, the mayor shall appoint a school committee

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APRIL 10, 1991

member to serve the unexpired term of the vacant of- fice; provided, however, should the panel fail to present said list within said thirty days, the mayor shall have the power to appoint any person he deems suitable to the vacant office to serve said unexpired term.

Section 8. The state secretary shall cause to be placed on the official ballot to be used in the city of Boston at the regular general state election in the year nineteen hundred and ninety-six the following binding question: "Shall an act passed in the General Court in 1991, entitled 'An Act Reorganizing the School Committee of the City of Boston' be repealed as of January 1998 and in the place thereof the school committee structure as existing in 1991 be re- constituted after an election held in 1997?" If a ma- jority of the votes cast on this question is in the af- firmative, this act shall cease to be effective as of the first Monday in January, 1998, and the incumbent members of the school committee serving pursuant to this act shall cease to hold office, provided, however, that in place thereof a school committee shall be elected under existing law in the year 1997 and the members so elected shall take office on the first Monday in January, 1998.

Section 9. The nominating panel and the mayor shall carry out their respective powers and duties conferred and imposed by the provisions of this act in a manner that shall allow the appointed school committee to assume their powers and perform their duties on the first day of the municipal year in 1992.

Section 10. This act shall not be amended or re- pealed except by the vote of the people as provided in section 8 or by special act passed in conformance with art. 89 of the amendments to the constitution of the commonwealth.

Section 11. This act shall take effect upon its pas- sage.

The report was accepted.

Coun. BOLLING moved that Docket No. 0448 be taken from the Committee on Public Education and substituted for the foregoing order in the new draft.

The motion was not carried, yeas 2, nays 11:

Yeas — Councillors Boiling, Yancey — 2.

Nays — Councillors Byrne, Hennigan Casey. Ian- nella, Kelly, McCormack, McLaughlin. Menino, O'Neil, Salerno, Scondras. Travaglini — 11.

Coun. YANCEY moved that the following order be substituted for the order in the new draft: Order approving a petition for a special law reorgan- izing the Boston School Committee.

The motion was not carried, yeas 2, nays 11:

Yeas — Councillors Boiling, Yancey — 2.

Nays — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino. O'Neil, Salerno, Scondras, Travaglini — 11.

The order in the new draft was passed, yeas 9, nays 4:

Yeas — Councillors Hennigan Casey, Iannella. Mc- Cormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini — 9.

Nays — Councillors Boiling, Byrne, Kelly. Yancey - 4.

the Holocaust, and, in honor of those who risked their lives assisting persons attempting to escape the Holocaust. Passed under the suspension of the rules.

ORDER THAT WHEN COUNCIL ADJOURNS TO- DAY IT DO SO IN MEMORY OF THOSE WHO LOST LIVES IN HOLOCAUST AND THOSE WHO RISKED LIVES ASSISTING THOSE ATTEMPTING TO ESCAPE THERE- FROM (DOCKET NO. 0531) Coun. IANNELLA offered the following: Ordered: That when the Council adjourns today, it do so in memory of all those who lost their lives in

CERTAIN INFORMATION UNDER SECTION 17F RE POLICE DEPARTMENT'S CADET EXAM (DOCKET NO. 0533)

Coun. MENINO offered the following:

Ordered: That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

Provide the names and addresses of all those who have registered to take the next scheduled Police De- partment's Cadet exam.

Passed under suspension of the rules.

ORDER FOR PETITION FOR SPECIAL LAW RELATIVE TO LICENSING OF ENTERTAIN- MENT (DOCKET NO. 0534)

Coun. MENINO offered the following:

Ordered: That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section One. Chapter 494 of the Acts of 1908, as most recently amended by Chapter 340 of the Acts of 1936. is hereby repealed.

Section Two. This Act shall take effect as of Janu- ary first. Nineteen Hundred and Ninety-two.

Referred to the Committee on Government Op- erations.

OPPOSING SENATE BILL S-1100 (DOCKET NO. 0535)

Couns. SCONDRAS and SALERNO offered the following:

Whereas, Senate Bill 1100 would remove restric- tions on the Commonwealth Armory which require that it be used for educational purposes only, and should "not include facilities for independent com- mercial activities or housing for persons other than students, except for those commercial and housing activities which are incidental to or compatible with" facilities for education, student housing, athletics, re- search, or university administration: and

Whereas, The sale of the Commonwealth Armory has been controversial since legislation was originally passed in 1982 allowing Boston University to pur- chase it for $2.5 million, well below the official ap- praisals ranging from $4.6 million to $8.5 million; and

Whereas, On December 1, 1984 Boston University entered an agreement with the City of Boston which helped B.U. win approvals regarding the Common- wealth Armory, and in which B.U. agreed to sell, for a fair price, nineteen buildings in Audubon Circle during the next two years; and

CITY COUNCIL

77

Whereas, In 1989, when B.U. still had not sold the Audubon Circle properties, the City of Boston got the university to agree to a schedule for sales of the buildings, and that the first seven, which B.U. purchased in 1981 for approximately $3.1 million, would be sold so that they could be converted to sin- gle room occupancy housing; and

Whereas, The Boston Community Land Trust, working with a group of developers including the Veterans Benefit Housing Development Corp., Friends of the Boston Long Island Shelter, CASCAP, and VinFen, Inc., and Caritas Communities, Inc. presented proposals to develop 78 units for people with AIDS, homeless veterans, the mentally ill, per- manent housing for formerly homeless individuals, and seniors; and

Whereas, The Audubon Circle Neighborhood As- sociation pressed B.U. for many years to sell its properties in Audubon Circle and sent B.U. a peti- tion demonstrating overwhelming support for conver- sion of seven of the buildings to single room occu- pancies consistent with the Boston Community Land Trust/Cariitas proposal; and

Whereas, The Land Trust/Caritas proposal was se- lected following a public competition sponsored jointly by B.U. and the Boston Redevelopment Au- thority; and

Whereas, B.U. notified the Boston Redevelopment Authority in 1990 that it would not consider a sale price lower than an appraisal done in 1987, at the height of the real estate market in the city, although most real estate experts believe that real estate values have dropped at least 10 percent since that time; and

Whereas, On October 25, 1990, the BRA Board voted to recommend that the Land Trust and Caritas be the developers of the seven buildings and that the purchase price not exceed the value set by a new ap- praisal; and

Whereas, B.U. rejected an offer of a purchase price at nearly the estimated current appraised value less than twelve hours after it was made; and

Whereas, The city of Boston then agreed to B.U.'s asking price of $3 million in order to secure funding so that the affordable single room occupancy pro- posal could be developed; and

Whereas, B.U.'s failure to designate the Land Trust and Caritas as purchasers of the buildings in a timely fashion disqualified them from applying for several federal and state subsidy programs; and

Whereas, Boston University still has not signed a purchase and sale agreement for the properties in question; and

Whereas, Commitments of state rental housing sub- sidies and federal tax credits are at risk because B.U. has refused to transfer site control to the Land Trust and Caritas; and

Whereas, The lack of a signed purchase and sale has put at serious risk commitment of 202 program funding to of $1.4 million to VinFen Inc. from the Department of Housing and Urban Development; and

Whereas, The possible withdrawal at VinFen Inc.'s funding commitment has raised serious concerns about the potential for Boston to receive funding in future 202 funding rounds; and

Whereas, The agreed price for the properties is more than Boston University paid for Commonwealth Armory; Now, Therefore. Be It

Resolved, That the Boston City Council, in meet- ing assembled, is opposed to any action on S-1100, and calls upon members of the Boston delegation, the Speaker of the General Court, the President of the Senate, and the Governor also to oppose any action on S- 1 100 until B.U. sells the seven buildings in

Audubon Circle to the designated developers at the agreed price and thereby demonstrates its good faith commitment to abide by its 1984 agreement with the city of Boston and other agreements related to prop- erty in Audubon Circle it has entered since 1984.

Referred to the Committee on Planning and De- velopment.

REQUESTING MAYOR ENGAGE COMPETENT ORGANIZATION TO MAKE THOROUGH RE- VIEW OF ALLEGATIONS OF INEFFICIENCY MADE RE BOSTON POLICE DEPARTMENT (DOCKET NO. 0536)

Coun. SCONDRAS offered the following:

Whereas, A series of Boston Globe articles stem- ming from a survey of 736 murder, robbery and armed robbery cases in Suffolk Superior Court re- veals persistent problems with routine, detailed work that builds strong cases that stand up in court, and

Whereas, This series of articles raises questions about the efficiency of the Police Department, show- ing that, according to FBI statistics, Boston Police rank 28th out of 30 big city police forces in solving murders, 26th out of 30 large cities in solving major crimes, although Boston ranks sixth in terms of po- lice per thousand people, and that even when murder arrests that Boston police say they did not report to the FBI are added to the analysis Boston rises to only a 56% rate for arrests in murder cases while the national average for large cities is nearly 70%, and

Whereas. This series has left in the minds of many serious doubts as to the effectiveness of our police department, and

Whereas, CBS local news investigated default war- rants showing that, according to Bob Griffin, who was then the Assistant DA in the Roxbury District Court, 25% of defendants have defaulted before, and

Whereas, Multiple defaults do not trigger special action by the Police, and

Whereas, 30% to 40% of the inmates of Charles Street Jail have default warrant records, and

Whereas, There are some 40,000 outstanding war- rants in Boston, and

Whereas, Thre are some 30,000 no-show defend- ants on the loose according to the CBS report, and

Whereas, There are some 3,000 new warrants is- sued each month of which only half are actually served, and

Whereas, There is conflicting testimony about the pursuit of these defendants by the police, and

Whereas, In August of 1990 FINCOM released a study of police department staffing and deployment that raises serious questions about efficiency in the Police Department, in particular personnel manage- ment which, according to FINCOM, has failed to maintain a comprehensive personnel system accu- rately identifying the assignment of every sworn po- lice officer, failed to deal with the number of medi- cally incapacitated officers, which averages more than 100. failed to maintain an attendance program, and assigned too many officers to work that can be performed by civilians, and

Whereas, A variety of organizations have come to question the efficacy of the Department and even questioned the Department itself relative to the man- agement of complaints about police behavior, and

Whereas, A survey taken among 114 people who reported hate motivated violence shows that 24% rated the police response as fair and 37% rated po- lice performance as poor, an unacceptable finding, and

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Whereas, The inability of Internal Affairs to suc- cessfully cope with complaints about police behavior has been recently documented in some detail, and

Whereas, These reports, articles, and investigations all reduce public confidence in the police department, and

Whereas, It is in the best interests of both the Po- lice Department and the people of the city to have a fair and honest review of the Department on a pro- grammatic level, Now Therefore Be It

Ordered, That the Mayor engage the services of a competent organization such as the Northeastern Col- lege of Criminal Justice or other such organization to undertake a systematic and thorough review of the al- legations made about the Boston Police Department and to conduct a program audit of the Department and to make its findings public within 90 days to the City Council and Mayor.

Passed under suspension of the rules.

Later in the session Coun. Scondras moved recon- sideration of the foregoing action; reconsideration prevailed.

Referred to the Committee on Public Safety.

CERTAIN INFORMATION UNDER SECTION 17F RE DEFAULT WARRANTS (DOCKET NO. 0537)

Coun. SCONDRAS offered the following: Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be and hereby is, requested to ob- tain and deliver to the City Council, within one week of the receipt hereof, the following information:

I. What police department staff are involved with serving the default warrants?

la. Is there a special Boston police unit involved?

II. What police department staff are involved with processing the default warrants? How are default war- rants tracked by the city?

2a. What computer hardware and software are used to track default warrants?

2b. Which warrants are entered into that computer, and in what format?

2c. Does the computer have the capability to deter- mined whether a particular warrant has been issued to a person with one or more outstanding default warrant? Does the computer have the capability to determine for what alleged crime a defaulter was originally arrested?

2d. If the answer to 2c is "no", can the computer be modified so that it can?

2e. Are default warrants accessible to all police on the street? How? Are they routinely checked?

III. Who takes responsibility for processing and serv- ing the default warrant, from the time of its issuance to the time at which it is served?

3a. What other information-processing systems are involved, at both the local and the state levels? De- scribe the way the municipal court, the state LEAP system, the Boston police, and any other relevant agencies, cooperate in attempting to process and serve a default warrant.

3b. How many of these systems involve other com- puter systems? How are these systems networked with the Boston police's own computer system? How much of the networking involves moving documents manually?

IV. How many default warrants are issued and served, and to whom?

4a. What percentage of the default warrants are served within one month? within six months? What percentage of default warrants are never served?

4b. What percentage of the default warrants are is- sued to people with no outstanding warrants? to peo- ple with one or more outstanding warrant?

4c. Break down the default warrants by crime com- mitted, so that one can see what percentage of the default warrants are issued for particular crimes, such as homicide, armed robbery, assault and battery, etc.

4d. Repeat 4c, considering only warrants issued to people with no other outstanding warrants.

4e. Repeat 4c, considering only warrants issued to people with one or more additional outstanding war- rants.

4f. How many default warrants were issued be- tween 1/1/90 and 12/31/90?

Passed under suspension of the rules.

SPECIAL COMMITTEE ON UNIVERSITY - COMMUNITY RELATIONS TO HOLD HEAR- ING TO INVESTIGATE MEANS OF PROVID- ING FOR LICENSING BOARD TO ESTAB- LISH REGULATIONS REQUIRING KEG TAGGING AND DEPOSITS (DOCKET NO. 0538)

Coun. SCONDRAS offered the following:

Whereas, "Keg parties" are a common experience each spring in Boston, especially in areas of the city where large numbers of young people reside; and

Whereas, Excessive drinking has occurred at such parties and has resulted in roving gangs who harass surrounding neighborhoods, property damage, inju- ries, and deaths; and

Whereas, Identifying keg purchasers can provide evidence establishing liability if excessive drinking leads to property damage, injury, or death; and

Whereas, Greenfield, Duxbury, and Stoughton have taken or are taking action to require identification of those who purchase kegs and to require a $50 deposit at the time of purchase: and

Whereas, Mothers Against Drunk Driving (MADD) has supported keg tagging efforts as a means of controlling excessive drinking; Now, There- fore, Be It

Ordered, That the Committee on University/Com- munity Relations hold a hearing to investigate means of providing for the Licensing Board to establish reg- ulations requiring keg tagging and deposits.

Referred to the Special Committee on University — Community Relations.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that thirteen late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The thirteen matters were added to the Agenda.

APPROPRIATION OF $374,000,000 FOR CUR- RENT OPERATING EXPENSES OF SCHOOL DEPARTMENT (DOCKET NO. 0559)

The following was received:

City of Boston Office of the Mayor

April 10, 1991 To the City Council. Dear Councillors:

I transmit herewith an appropriation order in the amount of $374,000,000 for the Boston School De-

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partment for FY92, submitted pursuant to the provi- sions of Chapter 224 of the Acts of 1936, as amended by Chapter 190 of the Acts of 1982, as fur- ther amended by Chapter 701 of the Acts of 1986 and Chapter 613 of the Acts of 1987.

This requested appropriation when combined with the $4.5 million in state Equal Education Opportunity Grant moneys and federal Impact Aid funds, will make available to the School Department $378.5 mil- lion for FY92 in direct operating funds. The School Department projects an additional $54 million will be available in categorical grant funds, for a total oper- ating budget of $432.5 million, an average of $7,559 per pupil. In addition, the City's FY92 Capital Budget includes $165 million for continued improve- ments to school facilities.

These are difficult fiscal times, brought on by the state and the federal government's disinvestment in cities and towns, and by the impact of an ever- deepening recession. The total City and County Pro- posed FY92 Operating Budget including the School Department's appropriation filed today with the City Council, has decreased for the first time since the impact of Proposition 2-1/2 was felt in FY82.

Within the decreased revenue available education remains a critical priority. The School Department's appropriation for FY92 is only one tenth of one per- cent less than actual expenditures in FY90 — a re- duction considerably smaller than that faced by even the Police and Fire Departments. This budget reflects a series of difficult choices forced upon the City in considerable part by the Governor's proposed local aid cuts. If local aid is restored, it is my intention to recommend that a significant and fair portion of any reinstated funds be appropriated to the School De- partment.

According to Section 2 of Chapter 613 of the Acts of 1987, neither the City Council or I may allocate dollars among accounts within this appropriation. Recognizing the critical financial situation facing the City, I am asking the School Committee to take the difficult but necessary steps to reduce their FY92 proposed $403 million budget, submitted to me on March 27, 1991 to within this recommended $374 million appropriation. Failure to make these reduc- tions seriously threatens the City's ability to maintain a balanced budget in FY92.

Because of projected revenue forecasts, I instructed my senior advisors several months ago to review City-wide spending for organizational changes, and streamlining that could reduce costs while maintain- ing critical services. I have seen that the worst of times very often bring out the very best in a man- ager's creative abilities to overcome serious obstacles. It is my hope that the School Department will use these troubled financial times to review its budget with an eye toward keeping those programs which succeed, such as those funded under the Alternative Education Initiative, strengthen Regular Education programs, while eliminating other less cost effective activities, such as transportation.

I respectfully ask your support and quick action on this appropriation for the Boston School Department for FY92.

Sincerely,

Raymond L. Flynn, Mayor.

Whereas, AEI has proven over the past five years to be an effective and successful means for returning and keeping our youth in school; and

Whereas, The drop-out problem continues as a se- rious threat to the future of today's youth; inclusion of AEI in the School Department's FY92 budget will be a positive and proven measure to prevent the drop- out rate from increasing; and

Whereas, The School Committee and the City have made a commitment to improve and adequately main- tain school facilities, and the City has included $165 million for improvements in the City's capital budget; now therefore be it

Ordered, That pursuant to Chapter 224 of the Acts of 1936, as amended by Chapter 190 of the Acts of 1982, and as further amended by Chapter 701 of the Acts of 1986 and Chapter 613 of the Acts of 1987, to meet the current operating expenses of the School Department in the fiscal period commencing July 1, 1991 and ending June 30, 1992, the sum of Three Hundred Seventy-four Million Dollars

($374,000,000) be, and the same hereby is, appropri- ated, said sum to be raised by taxation pursuant to Section 23 of Chapter 59 of the General laws:

School Department, $374,000,000.

Referred to the Committee on Ways and Means.

Whereas, The Alternative Education Initiative (AEI) was established in 1986 through a joint agree- ment between the City, the Boston School Commit- tee, and the Superintendent to address the rising drop-out problem amongst our City's youth; and

SUPPLEMENTAL APPROPRIATION OF

$1,223,300 FOR PENAL INSTITUTIONS DE- PARTMENT (DOCKET NO. 0560)

The following was received:

City of Boston Office of the Mayor

April 10, 1991 To the City Council. Dear Councillors:

I transmit herewith a supplemental appropriation in the amount of $1,223,300 to the Penal Institutions Department.

This appropriation will offset a deficit in the Mod- ular program caused by a shortfall in anticipated FY91 funding from the Commonwealth. There are two reasons for this shortfall. First, this is the second consecutive year in which the Commonwealth has un- derfunded the Modular grant based on its original agreements with the City. In addition, because of a 15.8 percent increase in the number of County in- mates housed at the House of Correction at Deer Is- land since July 1, 1990, the number of state inmates housed in the modular units has been reduced. This drop in state inmates has occurred despite the fact that last November the City obtained court approval to expand Deer Island's capacity by approximately 70 beds.

Rapidly spiraling corrections costs threaten to un- balance the entire City budget. While recognizing that it is necessary to recommend this supplemental to cover costs actually being incurred, my FY92 Pro- posed Budget makes it clear that without additional assistance from the Commonwealth, the City can no longer afford to pay for escalating corrections costs.

Funding to support this supplemental appropriation is available from the FY91 Budgetery Fund Balance as certified by the Department of Revenue.

I respectfully recommend adoption of this order by your Honorable Body.

Sincerely,

Raymond L. Flynn, Mayor.

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Ordered, That in addition to the appropriations heretofore made, to meet current operating expenses of the Penal Institutions Department in the fiscal per- iod commencing July 1, 1990 and ending June 30, 1991, the sum of One Million One Hundred Twenty- three Thousand Three Hundred Dollars ($1,223,300) be, and the same hereby is, appropriated within the meaning of Section 23(b) of Chapter 59 of the Gen- eral Laws, from available funds on hand, as certified by the Director of Accounts.

014-748-0813, Penal Institutions Department.

1. Personal Services, $1,223,300.

Referred to the Committee on Ways and Means.

SUPPLEMENTAL APPROPRIATION OF

$4,343,682 FOR CURRENT EXPENSES OF CITY OF BOSTON AND COUNTY OF SUF- FOLK FOR FISCAL YEAR COMMENCING 7/1/90 AND ENDING 6/30/91 (DOCKET NO. 0561)

The following was received:

City of Boston Office of the Mayor

April 10, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order ap- propriating $4,343,682 of the FY91 budgetary fund balance certified as available by the Director of Ac- counts to meet the current expenses of the City of Boston and County of Suffolk. Approval of this order will offset less than anticipated departmental receipts from parking fines. Parking fine revenues are lower in large part because of a weaker economy that re- duces parking demand and reinforces the deterrent effects of the parking fine increases approved by the Council last spring.

This supplemental, along with two others currently before the City Council, brings the total amount of budgetary fund balance appropriated for FY91 to $38.58 million. In FY91 budgetary fund balance has been a significant factor in offsetting the effect of lo- cal aid reductions. The City does not expect to have a similar amount of fund balance in FY92 to soften the impact of the Commonwealth's continuing failure to maintain a reasonable amount of revenue sharing with Massachusetts cities and towns.

The City's available budgetary fund balance is the result of prudent fiscal management over the past seven years. The need to maintain critical City serv- ices supports the use of these funds in the present period of financial difficulty caused by reductions in local aid and the effects of the recession in other City revenues.

I respectfully recommend adoption of this order by your Honorable Body.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That in addition to the appropriations heretofore made, to meet the current expenses of the City of Boston and County of Suffolk for the fiscal year commencing July 1, 1990 and ending June 30, 1991, the sum of Four Million Three Hundred Forty- three Thousand Six Hundred Eighty-two Dollars ($4,343,682) be, and the same hereby is, appropri- ated within the meaning of Section 23(b) of Chapter 59 of the General Laws, from available funds on hand, as certified by the Director of Accounts.

Referred to the Committee on Ways and Means.

ORDINANCE AMENDING RENTAL HOUSING EQUITY ORDINANCE (DOCKET NO. 0562)

The following was received:

City of Boston Office of the Mayor

April 10, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an Ordinance Amending the Rental Housing Equity Ordinance, which will enable the Rent Equity Board to charge for providing its services.

As we have seen in the recently released investor owner condominium study, it is vitally important that we remain vigilant in protecting our fragile housing stock, and use every means available to enforce our housing laws.

The Boston Rent Equity Board processes over 6,000 applications each year (rent increases, evic- tions, exemptions, vacancy decontrols, removal per- mits for both condominiums and lodging houses, and the annual general adjustment in rents) and provides advice and assistance to hundreds of citizens each week. After a review of the costs of Board opera- tions, the impact of the proposed FY92 Rent Equity appropriation on the Board's ability to provide timely service, and an evaluation of the current fees and charges, I am recommending the proposed charge in order to maintain at its current level a valuable serv- ice to City residents.

Most cities which have tenant protection ordinances also charge for services which fund, in part, or in whole, the cost of the agency. In this state, both Brookline and Cambridge charge users of their rent boards; as do the cities of Los Angeles, New York. West Hollywood, Santa Monica, Newark and Jersey City.

This proposed ordinance would have the landlord pay between $1 to $3 a month per unit. The landlord may then pass this cost on to the tenant on a monthly basis. The charge would be set annually, after the Mayor and the City Council determine the budget, to reflect the costs of the Board's services. If you ap- prove this ordinance, I will file a supplemental ap- propriation for the Rent Equity Board to bring the Board's FY92 budget to its FY91 level funding.

I respectfully recommend adoption of this ordi- nance by your Honorable Body. Sincerely,

Raymond L. Flynn, Mayor. City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance Amending the Rental Housing Equity Ordinance.

Be it ordained by the City Council of Boston, as follows:

Section One. City of Boston Code, Ordinances, Chapter X, Section 10-2.2 is hereby amended by in- serting after paragraph f the following paragraph:

g. Charges. The Board shall require every landlord of rent controlled or vacancy decontrolled housing accommodations to pay an annual charge for services provided by the Board under this ordinance. Such charge shall be for such services as. without limita- tion, the Board's cost of maintaining records regard- ing the landlord's housing accommodations; the Board's calculations of the landlord's annual general adjustment of maximum rent; and the Board's devel- oping, mailing, and otherwise providing printed in- formation and forms regarding rent control, vacancy decontrol and other related matters. Such charge

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shall be established by the Board by regulation on a fiscal or calendar year basis and shall be charged per individual housing accommodation, whether such housing accommodation is occupied or unoccupied. The Board may establish a charge by subclass for such housing accommodations. Any such charge es- tablished by the Board shall be reflective of the costs incurred by the Board in providing services under this ordinance; provided, however, that in no event shall such annual charge be less than twelve dollars ($12) nor more than thirty-six dollars ($36) per year per individual housing accommodations. The annual charge shall be payable to the City of Boston by the landlord, and the Board shall establish by regulation the time, place and manner for such payment. The Board shall insure that all charges collected pursuant to this ordinance are deposited with the Collector- Treasurer. After such payment has been made, the landlord may charge all or part of the annual charge for each such housing accommodation to the tenants thereof. For purposes of this ordinance, if the land- lord so acts, said charge shall be rent, as defined by City of Boston Code. Ordinances, Chapter X, Sec- tion 10-2.1.

If a landlord has failed to pay such charge as re- quired, all petitions, applications or other like sub- missions filed with the Board by such landlord re- questing Board action shall be deemed defective and the Administrator shall administratively dismiss such petition, application or submission.

A general adjustment of maximum rent for any class of rent controlled housing accommodation shall not be applicable and an increase shall not be autho- rized for such housing accommodation where the landlor fails to pay the annual charge required herein for such housing accommodation. Notwithstanding anything stated in this section to the contrary, the Administrator may allow a petition, application or other submission to go forward, and may allow a general adjustment of maximum rent to be applicable and a rent increase to be authorized, if a landlord who has not paid the charge required herein shows, and the Administrator finds, good cause for such non-payment.

Section Two. This ordinance shall take effect upon its passage.

Referred to the Committee on Housing.

INTERIM REPORT RE ORDER THAT SPECIAL COMMITTEE ON PUBLIC HEALTH HOLD HEARING RE CLOSING OF LONG ISLAND HOSPITAL (DOCKET NO. 0445) AND OR- DER THAT COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES HOLD HEAR- INGS RE THREATENED CLOSING OF LONG ISLAND HOSPITAL (DOCKET NO. 0447)

Coun. KELLY, on behalf of the Committee and Neighborhood Services, submitted the following:

The Committee on City & Neighborhood Services to which was referred the following:

Docket # 0445 — Order that the Special Commit- tee on Public Health hold a hearing regarding the closing of Long Island Hospital: and

Docket tt 0447 — Order that the Committee on City & Neighborhood Services hold hearings regard- ing the threatened closing of Long Island Hospital.

held a public hearing in the cafeteria of Long Is- land Hospital on Thursday, April 4, 1991 at 10:00 a.m.

Over two hundred people attended the hearing in which testimony was taken from the administration in

support of the closing, and then from patients, nurses and relatives opposed to the closing.

The Committee recommends that both dockets BE HELD IN COMMITTEE for further review, and that a companion ORDER OF THE BOSTON CITY COUNCIL be passed by the city council as an interim measure.

CORPORATION COUNSEL SEEK WRIT OF MANDAMUS RE LONG ISLAND HOSPITAL (DOCKET NO. 0563)

Whereas, The Mayor of the City of Boston and the Commissioner of Health and Hospitals have chosen to ignore both the City of Boston Code, Chapter 12- 1.2 as well as a court order issued from the Superior Court, enjoining the city from closing, eliminating or reducing beds or services to patients at the Long Is- land Chronic Disease Hospital; and

Whereas, This disregard for the law and court or- der has created an emergency situation in the city of Boston whereby the executive branch has rebuked and rejected city council input over a matter which is clearly within the city council's jurisdiction; and

Whereas, In refusing to comply with the City of Boston Code and a lawful court order, the mayor and Commissioner of Health & Hospitals have violated their oath of office to uphold the laws of the Com- monwealth and of the City of Boston; and

Whereas, It is the City Council's belief that no city official may set themselves above the law, or the re- quirements of lawfully enacted legislation; be it therefore

Ordered, That Corporation Counsel of the City of Boston, consistent with the duties and oath of that of- fice is hereby requested, on behalf of the city coun- cil, to advise the mayor and commissioner of the law with regard to the closing of the Long Island facility, and be it further

Ordered, That the Corporation Counsel, to ensure compliance with this order, go to court, if necessary, to seek a Writ of Mandamus to ensure full compli- ance with both the intent of the Court Order of Jus- tice White, issued April 5, 1991, CA 91-2041D, and the applicable sections of the City of Boston Code.

The report was accepted; the order was passed, yeas 10, nays 1.

Yeas — Councillors Byrne, Hennigan Casey. Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras — 10.

Nays — Councillor Yancey — 1 .

ORDER THAT BOARD OF HEALTH AND HOSPI- TALS SHALL NOT CLOSE LONG ISLAND HOSPITAL (DOCKET NO. 0564)

Coun. IANNELLA offered the following:

Whereas: No approval has been granted by the City Council; now therefore be it

Ordered. That in accordance with the provisions of CBC Ordinance 12 s. 3 the Board of Health and Hospitals shall not close, or reduce the bed capacity at Long Island Hospital.

Passed under suspension of the rules, yeas 1 1. nays 0:

Yeas — Councillors Boiling. Byrne, Hennigan Ca- sey. Iannella, Kelly, McCormack, McLaughlin, Menino. O'Neil. Salerno, Scondras — II.

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SYMPATHY ON DEATH OF ALFRED GROSS (DOCKET NO. 0565)

Coun. KELLY offered the following:

Ordered, That the City Council now observe a mo- ment of silence in memory of Alfred Gross, a 21 year member of the Zoning Board of Appeals, who died Sunday, April 7, 1991.

Passed under suspension of the rules.

(The members of the Council and all present rose and observed a moment of silence.)

COMMENDING INVESTIGATION BY "BOSTON HERALD" RE INSPECTIONAL SERVICES DEPARTMENT (DOCKET NO. 0566)

Coun. SCONDRAS offered the following:

Whereas, The residents of the City of Boston ex- pect to receive quality service from the city's em- ployees, and

Whereas, Recent investigations by the Boston Her- ald seem to indicate that members of the Inspectional Services Department, particularly in the Housing Di- vision, have failed to carry out the responsibilities they have been given, and

Whereas, Members of the community depend on Housing Inspectors to assist in remedying living con- ditions which are often deplorable, and

Whereas, These conditions may represent a danger to the residents, and

Whereas, Alleged admissions made by certain in- spectors in the Boston Herald, if true, show a callous disregard for regulations which were meant to im- prove the Department, and

Whereas, Inspectors have allegedly been seen drinking alcohol during business hours and falsifying forms, claiming to have been carrying out investiga- tions, and

Whereas, Programs, services, and department budgets are all being cut during this fiscal crisis yet certain inspectors have been accused of working other jobs while supposedly at work for the city, and

Whereas, Reports such as the one released today serve to hold those entrusted with the public's confi- dence accountable for their actions, Now Therefore Be It

Resolved, That the Boston City Council, in meet- ing assembled, commends the investigation by the Boston Herald and anticipates that the allegations will be reviewed and the appropriate action taken.

The resolution was adopted under suspension of the rules.

STATEMENT OF COUNCILLOR MENINO

Having received unanimous consent to do so. Councillor Menino stated that he hoped that none of the statement of the "Boston Herald" reflected on the Executive Director of the Inspectional Services De- partment, Mr. Welsh, who over the years has done an admirable job of administering a very difficult department.

URGING TREATY MEMBERS TO MONTREAL PROTOCOL TO AGREE TO MOVE UP DEAD- LINES FOR PHASING OUT CFCs AND LIMIT PRODUCTION AND USE OF LESS DAMAGING CFCs AT EARLIEST FEASIBLE DATES (DOCKET NO. 0567)

Couns. SALERNO and SCONDRAS offered the following:

Whereas, NASA scientists recently reported that the earth's protective ozone layer has been disappear- ing twice as rapidly during the last decade as previ- ously believed; and

Whereas, The head of the NASA Atmospheric Oz- one Program, Mr. Robert Watson, has stated that previous estimates of ozone depletion were between 2 and 4% but new scientific information shows peak ozone depletion of 8% per decade: and

Whereas, Decreases in the ozone layer are no longer confined to winter, but extend into the spring period with reductions in the ozone layer of 3 to 4% persisting over most of North America until late May; and

Whereas, EPA Administrator, Mr. William K. Reilly, has estimated that this increased loss of the ozone layer will cause over 200,000 deaths in the U.S. due to skin cancer during the next 50 years; and

Whereas, Elevated ultraviolet B radiation levels pose a threat to crops, forests, and ecological proc- esses; and

Whereas. It has been proved that the ozone layer is depleted by man-made chemicals such as CFCs (chlorofluorocarbons): and

Whereas. If the Montreal Protocol and the Clean Air Act remain as written and are met with full com- pliance, ozone-attacking chlorine, which originates from CFCs, will still increase in the atmosphere from 3 parts per billion to 4.5 parts per billion dur- ing this decade; and

Whereas, The head of the EPA's Atmospheric and Indoor Programs, Ms. Eileen Claussen, has stated that the Montreal Protocol is not sufficient to protect the 12,000,000 people who will contract skin cancer over the next 50 years; and

Whereas, Ozone depleting chemicals last over 20 years in the atmosphere creating a tremendous lag time from when actions take place to when their ef- fects are noticeable in the atmosphere; and

Whereas, The treaty parties to the Montreal Proto- col are meeting in Nairobi in June of this year; there- fore be it

Resolved, That the Boston City Council, in meet- ing assembled, urges the United States and other treaty members to the Montreal Protocol agree to move up the deadlines for phasing out CFCs and to limit the production and use of less damaging alter- native CFCs to the earliest feasible dates; and further be it

Resolved, That the Boston City Council, in meet- ing assembled, urges the United States Congress to reexamine the recently passed Clean Air Act in light of the new findings from NASA and the EPA and of- fer amendments to the Act that would require stricter standards on the production and use of CFCs and less damaging alternative CFCs.

The resolution was adopted under suspension of the rules.

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REPORT ON ORDER THAT COMMITTEE ON WAYS AND MEANS HOLD HEARING TO EXPLORE IMPLEMENTATION OF PRE-TAX EMPLOYEE CONTRIBUTIONS FOR HEALTH AND LIFE INSURANCE AS FORM OF FLEX- IBLE BENEFITS PLAN ALLOWED UNDER INTERNAL REVENUE CODE (DOCKET NO. 0502)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0502, order that the Com- mittee on Ways and Means hold a hearing to explore the implementation of pre-tax employee contributions for health and life insurance as a form of flexible benefits plan allowed under the Internal Revenue Code (referred April 3) recommending the order be placed on file and following resolution be adopted:

URGING MAYOR TO ESTABLISH FLEXIBLE BENEFITS PLAN AND APPOINT ADMINIS- TRATOR (DOCKET NO. 0568)

Whereas, Many cities and towns in the Common- wealth, as well as many private companies, have es- tablished "cafeteria" or flexible benefit plans, as al- lowed by Section 125 of the Internal Revenue Code, and

Whereas, The City is currently facing severe fiscal restraints and should take advantage of any proposal which would benefit its employees without affecting the City's budget or its ability to provide services, and

Whereas, Utilizing the current health insurance plan, the establishment of a flexible benefits plan, as allowed by the Internal Revenue Code and by state statute, would increase the net pay of all employees in the plan, and,

Whereas, Adoption of a plan would result in an ac- tual savings to the City in that its share of Medicare payments will be based on a lower amount of taxable income, Now Therefore Be It

Resolved, That the City Council urges the Mayor to establish a flexible benefits plan and appoint a plan administrator as soon as possible.

The report was accepted; the resolution was adopted.

REPORT ON AN ACT AMENDING THE CITY OF BOSTON BOND AND MINIBOND PROCE- DURE ACT OF 1983 (DOCKET NO. 0520)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0520, message of the Mayor and order amending the City of Boston Bond and Minibond Procedure Act of 1983 (referred April 3) recommending passage of the order in the following new draft:

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only:

Section 1 . Paragraph (f) of section 3 of chapter 643 of the acts of 1983 is hereby amended by striking out

the second sentence and inserting before the last sen- tence the following sentence: For purposes of calcu- lating the principal amount of bonds on the date of their issuance to determine the amount available for issuance under any bond authorization as provided in the preceding sentence, the principal amount shall be an amount equal to the net proceeds of such bonds plus any discount representing cost of issuance thereof.

Section 2. Paragraph (b) of section 4 of chapter 643 of the acts of 1983 is hereby amended by strik- ing out the second sentence.

Section 3. Section 14 of chapter 643 of the acts of 1983 is hereby amended by striking out the first sen- tence and inserting in place thereof the following sen- tence: Notwithstanding the provisions of any general or special law to the contrary, and without any other proceedings or the happening of any other conditions or things other than those expressly required in this section, but subject to any agreement securing bonds, the collector-treasurer of the city may, in his sole dis- cretion, on such terms, and selected in such manner as he may deem advisable, invest funds over which the city has exclusive control, including without limi- tation the proceeds of bonds, revenues pledged for the payment of bonds and other revenue cash of the city, in any investments which are legal investments for funds of the commonwealth under chapter twenty- nine or chapter thirty-two of the General Laws, and may in his sole discretion, on such terms, with such counterparties, and selected in such manner as he may deem advisable, enter into such agreements with respect to bonds, notes, investments, program of in- vestments of the city or the carrying thereof, with the approval of the mayor, as are permitted for the com- monwealth under said chapters twenty-nine or thirty- two, after giving due consideration where applicable, to the selection criteria for counterparties set forth in said chapter twenty-nine.

Section 4. Chapter 642 of the acts of 1966, as amended by chapter 1030 of the acts of 1973, is hereby further amended by inserting after section 7A the following section:

Section 7B. The city may borrow from time to time sums, in addition to those authorized in section seven and section seven A, not exceeding, in the ag- gregate, one hundred and fifteen million dollars, for the purpose of planning, designing, acquiring land for, constructing and originally equipping structures and facilities it is authorized to construct and for re- modeling, reconstructing or making major alterations, additions and major repairs to existing facilities owned by the city, except as otherwise provided in section eight, including original equipment and land- scaping, paving and other site improvements inciden- tal or directly related to such remodeling, reconstruc- tion or repair.

The report was accepted; the order in the new draft was passed.

COMMENDING MAYOR FLYNN ON PARKMAN HOUSE MEETING AND RECOMMENDING THAT GROUP MEET ONCE A MONTH TO DEVELOP PROJECTS FOR SCHOOL RE- FORM (DOCKET NO. 0569)

Couns. SCONDRAS. SALERNO, BOLLING and YANCEY offered the following:

Whereas, Elected officials, community leaders, and civic leaders are greatly concerned with improving education in Boston; and

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APRIL 10, 1991

Whereas, A productive discussion of the Boston school system, focusing on issues of governance and school reform, was hosted by Mayor Flynn at the Parkman House on April 5. 1991; and

Whereas, Participants in that meeting included the Mayor, City Councillors, members of the Boston Delegation, experts in eduction, representatives of Boston's teachers, the Coalition for School Reform, the City Wide Education Coalition, the Citywide Par- ent Council, and Boston's business community; Now Therefore, Be It

Resolved. That the Boston City Council, in meet- ing assembled, commends Mayor Flynn and the par- ticipants in the Parkman House meeting of April 5, 1991, and hereby calls for the participants in that meeting and others they suggest to meet at least once a month to develop and approve proposals for school reform and other such proposals as the participants shall determine.

The resolution was adopted under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0570)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, April 17. 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednesday, July 17, 1991:

Kurt Sharpp, secretary, $400.00 per week, full time, 35 hours.

Passed under suspension of the rules.

Councillors Hennigan Casey and O'Neil: PFC Wayne Lanchester (Docket No. 0544).

Coun. Hennigan Casey: Congratulating 18 persons on election to Greater Boston Renaissance Lodge, Order of Sons of Italy in America (Docket No. 0545).

Councillor Kelly: Thomas P. Duffy (Docket No. 0546).

Councillor Yancey: Most Worshipful Hiram Grand Lodge A.F. & A.M., Inc., and Bay State Grant Chapter O.E.S. (Docket No. 0547); 12 persons re- ceiving African Immigrant Achievement Award (Docket No. 0548).

Councillor Kelly: Brian S. Guina (Docket No. 0549); Noel P. O'Neil (Docket No. 0550).

Councillors Kelly, O'Neil, Menino, and Byrne: Re- tired Fire Department Commissioner Leo D. Staple- ton (Docket No. 0551).

Councillor Iannella: New England Chapter, Zionist Organization of America (Docket No. 0552); 13 per- sons on receiving the Golden Apple Award (Docket No. 0553).

Councillor Scondras: 12 persons on efforts ex- pended for Human Rights Charitable Foundation's AIDS Project (Docket No. 0554); Declaring June 8, 1991, "Lesbian and Gay Pride Day" (Docket No. 0555).

Councillor O'Neil: David M. Arnold (Docket No. 0556).

Councillor Salerno: Sacred Heart Parish on its 103rd anniversary (Docket No. 0557); North End Community Health Center (Docket No. 0558).

The matters contained within the Consent Agenda were severally adopted.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: North End Community Health Center (Docket No. 0539).

Councillor Hennigan Casey: Mary Joyce Morris (Docket No. 0540).

Councillor O'Neil: Honoring 42 persons retiring from the Boston Fire Department (Docket No. 0541).

Councillor Scondras: Chris Hani (Docket No. 0542); Declaring May 24, 1991, "Anne Burlak Timpson Day" (Docket No. 0543).

NEXT MEETING

Coun. SALERNO moved that when the Council adjourn today it be to meet again on Wednesday. April 24, 1991, at 1 p.m.

The motion was carried.

Adjourned at 3:45 p.m.. on motion of Councillor Salerno, to meet on Wednesday. April 24, 1991. at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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CITY OF BOSTON

Proceedings of City Council

9:00 A.M. on Wednesday, April 17, 1991, for the pur- pose of discussing efforts to enforce the Ordinance rela- tive to facilities of the Department of Health and Hospi- tals; to take action with respect thereto; and, for no other purpose.

Sincerely,

Christopher A. Iannella, President. Placed on file.

SPECIAL MEETING

MEETING OF THE COMMITTEE OF THE WHOLE

Wednesday, April 17, 1991. Special meeting of the City Council held in the Council Chamber, City Hall, at 9 a.m., President IANNELLA in the chair. Absent, Councillors Boiling, McCormack, Scondras, and Travaglini.

Coun. IANNELLA moved that the City Council recess at 9:10 A.M. for a meeting of the Committee of the Whole to discuss the foregoing matter.

The motion was carried.

President IANNELLA requested that everyone rise for a moment of silence, and the meeting was opened with the Pledge of Allegiance to the Flag.

RECESS

The meeting of the Committee of the Whole having adjourned, the members reassembled in the City Council Chamber and were called to order by President IAN- NELLA at 10: 10 A.M.

CALL FOR SPECIAL MEETING (DOCKET NO. 0571)

The meeting was held pursuant to the following call:

Boston City Council

Office of the President

April 12, 1991. To the City Council. Councillors:

Pursuant to Rule One, I hereby call a special meeting of the City Council to be held in the Council Chamber at

The purpose for which this meeting was called having been accomplished, the Chair declared the meeting ad- journed at 10:11 A.M.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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CITY OF BOSTON

Proceedings of City Council

Wednesday, April 24, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

The Reverend William Francis, St. Paul's Church, Dorchester, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

ANNUAL APPROPRIATION AND TAX ORDERS FOR FY92 (DOCKET NO. 0572)

The following was received:

City of Boston Office of the Mayor

April 10, 1991. To the City Council. Dear Councillors:

I transmit herewith my proposed Fiscal Year 1992 operating budget for the City of Boston and the County of Suffolk. This budget is noteworthy in the following respects:

• The proposed budget marks the seventh consecu- tive year in a row of a balanced City budget;

• The proposed budget reflects the first decrease in City spending since the Proposition 2-1/2 im- pacted budgets of the early 1980s;

• The proposed budget protects essential neighbor- hood services as much as possible and gives high priority to public safety, education, youth, critical health care, and emergency shelter expenditures; and,

• The proposed budget, while harmful to City services, capitalizes on the opportunity to make appropriate organizational chajiges and to insti- tute improvements in services.

The decrease in City spending is a direct reflection of misplaced state and federal priorities. It is also, unfortunately, an aspect of the weak Massachusetts economy which is not only harming families and communities but governmental budgets as well. Of particular note, however, is the escalating abandon- ment by the Commonwealth of Massachusetts of its cities and towns as expressed in the form of an active and adequately funded local aid program. The part- nership of the state with its 351 cities and towns is clearly at an end, as the state continues to off-load the effects of its fiscal mismanagement onto the backs of cities and towns. In sum, the retreat of state government in support of cities and towns, along with the impact of the recession, lowers projected City spending by 2.5% when compared to the current year appropriation.

Since my first budget submission in FY85, Boston has managed its financial affairs in a responsible manner. Indeed, since FY89 my budget proposals have reflected a determination to insure that City spending matched available resources. For most City departments the proposed budget will be the third year in a row of budget cuts. In terms of both dollars and staffing the City is living within its means. From FY85 until FY92 City budget increases have aver- aged 4.3% per year, less than the rate of inflation over the same period. In constant dollars, the pro- posed spending plan for FY92 is less than actual spending in FY85. Staffing for all City departments (other than the School Department) is less than it was when I took office. Indeed, a recent Special Report issued by the Boston Municipal Research Bureau noted: "For the second consecutive year, the City of Boston reduced its total work force, reflecting the City's limited revenue growth, primarily due to cuts in state aid . . . The total number of city and county positions, excluding schools, on the payroll as of January 1, 1991 was 34 less than when Mayor Flynn began office." BMRB Special Report, March 21, 1991, p. 1.

Our commitment to sound finance has also been the reason for five bond rating increases for the City of Boston over the past seven years. These fiscal achievements are matched by the improvements in City services over the same period. Fiscal stability and credibility are the cornerstones to sustained im- provements in programs and services. Times, however, have gotten a lot tougher. In order to keep my committment to a balanced City budget, difficult — and in a number of cases painful — cuts must be made. Overall, the proposed FY92 budget reduces current departmental appropria- tions by $59 million. In terms of departments provid- ing direct City services the average cut will be 5.0%; for administrative support departments the average reduction will be 21.7%. Only one City service de- partment, the Emergency Shelter Commission, is slated for a budget increase for FY92. All other City agencies will be cut, most for the third year in a row. Should the Governor and the State Legislature restore the cuts in local aid, however, our first prior- ity will be to work toward restoring the budgets of those departments providing direct City services.

Some specific examples of budget reductions are as follows:

• Departments Providing City Services

Police Department —1.7%

Fire Department —3.0%

School Department -3.9%

Library Department —9.2%

Public Works Department -11.4%

Inspectional Services Dept. -19.8%

Parks Department -19.9%

Office of Business & Cultural

Development —31.4%

• Departments Providing Administrative Support Treasury Division -12.6% Assessing Department -15.3% Purchasing Division/ASD -19.7% Law Department -24.1% Office of Budget e Program

Evaluation/ASD -24.3%

Printing Department/ASD -28.6%

Mayor's Policy Office -31.8%

Retirement Board 43 9%

Included in this budget is a proposed appropriation

for the Boston School Department of $374 million.

88

APRIL 24, 1991

With this addition of $4.5 million in state Equal Edu- cation Opportunity Grant money and federal impact funds, the school system will have $378.5 million in direct operating funds available to it for FY92. When available grant funds are used, total school spending for the next fiscal year will exceed $432.5 million or an average of $7,600 per student. In the City's capi- tal budget, I have allocated an additional $165 mil- lion for school building improvements. While the proposed budget for FY92 represents a slight de- crease in funding for the School Department, the de- cline is just 1/10 of 1 percent compared to FY90 ex- penditures. If additional local aid funds become available I will recommend and increase in the pro- posed budget for the School Department based upon a fair, proportioned distribution of those dollars to the school system and other priority City services. It is imperative, however, that the School Committee commit itself to a fiscally responsible spending plan for FY92, and not continue their past practice of knowingly overspending their appropriation.

This budget is premised, though, on the fact that the Commonwealth will cut local aid to the City of Boston for the third year in a row. The proposed cut for FY92 is particularly harmful in that it disapro- portionately penalizes the City of Boston. Of the an- nounced local aid cut of $110 million, Boston's share of the cut was $28 million or fully one quarter of the cuts proposed for all cities and towns, although Boston represents just 10% of the state's population. As Boston and most other cities and towns are fis- cally dependent upon the local aid revenue sharing program, we are left with but one option — the re- duction of department budgets and the gradual disas- sembling of critical services. The state's disinvest- ment in its Capital City is more puzzling in the sense that it is not in the Commonwealth's financial interest to harm the City that has served as the state's princi- pal tax revenue resource. According to the Boston Redevelopment Authority, 23 % of goods and services produced in the Commonwealth are due to economic activity within the City of Boston.

The proposed budget, though, does present the op- portunity for organizational improvement and the sav- ing of dollars. Some of the more significant changes are:

• Consolidating Long Island Hospital with Mattapan Hospital, a move which will improve patient care;

• Consolidating the Environment Department with the Parks Department, a change which will en- hance the City's ability to place additional re- sources into its environmental programs;

• Consolidating the City's Cable Communications Office with the City's Management Information Systems Office, a change which will place all communication technology within one agency:

• A proposal to consolidate the City's two licensing boards, ending an anachronism which need not exist today; and,

• Terminating funding for the City Listing Board, an obsolete state mandate which, if the Common- wealth finds useful, it can fund.

Overall, the abolishment and consolidation of vari- ous City agencies will save over $1 million for FY92.

Also, of particular importance in terms of the City environment and with a view toward long term sav- ings, the budget funds the first City wide recycling

effort. Through FY91, the Department of Public Works had successfully managed several pilot recy- cling efforts. Based upon the lessons learned from these smaller programs, the city will begin a major recycling effort aimed at collecting and recycling of newspaper. While some concerns over the short term viability of the programs exist, and while it is hoped that the Commonwealth will do its part in helping to create sustainable markets for recycled newspapers, the City will begin its program in the belief that it is a smart environmental approach for the remainder of this century and the next, and will ultimately save the taxpayers money.

FY92 will be a year of challenge, but it can also be a year of opportunity. While it is patently unfair and terrible public policy to continue to cut local aid, we will not complain about our fate. While we will fight to keep the Commonwealth to its commitment to return our tax dollars back to local government, we are prepared — indeed, we are determined — to maintain a credible and balanced budget. Faith in government is based on a belief that those of us elected to serve the people are accountable and com- mitted to spending tax dollars wisely and well. In this, my eighth budget since first being elected Mayor, I keep that pledge to the people of the City of Boston.

I respectfully submit this budget to the City Coun- cil, and look forward to discussing it with you. Sincerely,

Raymond L. Flynn, Mayor of Boston.

APPROPRIATION AND TAX ORDER

FOR THE FISCAL YEAR

COMMENCING JULY 1, 1991 AND

ENDING JUNE 30, 1992

ORDERED:

I. That to meet current expenses of the City of Boston and the County of Suffolk, in the fiscal year commencing July 1, 1991 and ending June 30, 1992, the respective sums of money specified in the sched- ules hereinafter set out, be, and the same hereby are, appropriated for expenditure under the direction of the respective boards and officers severally specified, for the several specific purposes hereinafter desig- nated and, except for transfers lawfully made, for such purposes only — said appropriations, to the ex- tent they are for the maintenance and operation of parking meters, and the regulation of parking and other activities incident thereto (which is hereby de- termined to be $8,000,000), being made out of the income from parking meters and, to the extent they are for other purposes, being made out of the pro- ceeds from the sale of tax title possessions and re- ceipts from tax title redemptions, in addition to the total real and personal property taxes of prior years collected from July 1, 1990 up to and including March 31, 1991, as certified by the City Auditor un- der Section 23 of Chapter 59 of the General Laws, and out of available funds on hand (which is hereby determined to be TEN MILLION NINE HUNDRED SIX THOUSAND SIX HUNDRED TWENTY DOL- LARS ($10,906,620) as certified by the Director of Accounts under said Section 23, and the balance of said appropriations to be raised by taxation pursuant to said Section 23: —

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FURTHER ORDERED:

II. That to meet so much of the expenses of main- taining, improving and embellishing in the fiscal per- iod commencing July 1, 1991 and ending June 30, 1992, cemeteries owned by the City of Boston, or in its charge, as is not met by the income of deposits for perpetual care on hand December 31, 1990, the respective sum of money specified in the subjoined schedule be, and the same hereby is, appropriated out of the fund set up under Chapter 13 of the Acts of 1961 — the same to be expended under the direc- tion of the Commissioner of Parks and Recreation: 015-400-3321 CEMETERY DIVISION PARKS AND RECREATION DEPARTMENT

1. Personal Services $1,027,919

2. Contractual Services 64,000

3. Supplies and Materials 59,200

4. Current Charges and Obligations 76,000

5. Equipment 15,300

6. Other 57,581 TOTAL $1,300,000

Coun. MENINO moved that Docket No. 0532, the annual appropriation order as submitted to the City Council on April 10, 1991, and Docket No. 0572, the annual appropriation order as submitted to the City Council on April 24, 1991, both be rejected without prejudice.

The motion was carrried; the orders were rejected without prejudice.

ORDER AUTHORIZING MAYOR TO SUBMIT TO HUD STATEMENT OF COMMUNITY DE- VELOPMENT OBJECTIVES FOR YEAR XVII CDBG FUNDS OF $19,192,000 AND APPLY FOR FY91 RENTAL REHABILITATION PRO- GRAM FUNDS OF $556,000 (DOCKET NO. 0573)

The following was received:

City of Boston Office of the Mayor

April 19, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order au- thorizing the City of Boston to submit to the U.S. Department of Housing and Urban Development (HUD) under the Housing and Community Develop- ment Act of 1974 (PL. 93-383, as amended) the City of Boston Statement of Community Development Ob- jectives for the Year XVII Community Development Block Grant funds in an amount not to exceed Nine- teen Million, One Hundred and Ninety-two Thousand Dollars ($19,192,000) and to apply to HUD under Section 17 of the Housing and Community Develop- ment Act of 1937 (PL. 93-383, as amended) for Fis- cal Year 1991 Rental Rehabilitation Program funds in an amount not to exceed Five Hundred and Fifty-six Thousand Dollars ($556,000) as appropriated under the fiscal year 1991 HUD — Independent Agencies Appropriation Act (PL. 101-507).

I urge your Honorable Body to pass this order as soon as possible so that the City of Boston may sub- mit and apply for the funds expeditiously. Sincerely,

Raymond L. Flynn, Mayor.

Whereas, The Housing and Community Develop- ment Act of 1974, as amended, and Section 17 of the Housing and Community Development Act of 1937, as amended, contain provisions authorizing the U.S. Department of Housing and Urban Development (HUD) to make grants to units of general local gov- ernment under the Community Development Block Grant (CDBG) Program and the Rental Rehabilitation Program, respectively; and

Whereas, Funds in the amount of $3.2 billion have been appropriated for the CDBG program through the fiscal year 1991 Department of Housing and Ur- ban Development Program — Independent Agencies Appropriations Act (PL. 101-507) for community de- velopment activities directed toward neighborhood re- vitalization, economic development, and improved fa- cilities and services; and

Whereas, Funds in the amount of $556,000 have been appropriated for the Rental Rehab program through the fiscal year 1991 Department of Housing and Urban Development — Independent Agencies Appropriations Act (PL. 101-507) for rental housing rehabilitation, including correcting substandard condi- tions and making essential improvements; and

Whereas, The City of Boston is entitled under the provisions of the Appropriations Act to submit to HUD a statement of community development objec- tives for a Community Development Block Grant not to exceed $19,192,000; and

Whereas, The City of Boston is entitled under the provisions of the Appropriations Act to submit to HUD for a Rental Rehab grant not to exceed $556,000; and

Whereas, The Public Facilities Department will ad- minister the proposed CDBG and Rental Rehab funds; now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to sub- mit to the U.S. Department of Housing and Urban Development under the Housing and Community De- velopment Act of 1974 (PL. 93-383, as amended) the City of Boston Statement of Community Develop- ment Objectives for Year XVII Community Develop- ment Block Grant funds in an amount not to exceed Nineteen Million One Hundred and Ninety-two Hun- dred Thousand Dollars ($19,192,000) and, in con- nection therewith, to execute and deliver such docu- ments as may be required by the federal government and to act as the official representative of the City of Boston in connection with the submission of said statement; and be it further

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to ap- ply to the U.S. Department of Housing and Urban Development under Section 17 of the Housing and Community Development Act of 1937 (PL. 93-383, as amended) for Fiscal Year 1991 Rental Rehabilita- tion Program funds in an amount not to exceed Five Hundred and Fifty-six Thousand Dollars ($556,000) and, in connection therewith, to execute and deliver such documents as may be required by the federal government and to act as the official representative of the City of Boston in connection with said applica- tion.

Referred to the Committee on Post Audit and Oversight.

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APRIL 24, 1991

CERTAIN INFORMATION UNDER SECTION 17F RE INSPECTIONAL SERVICES DEPART- MENT (DOCKET NO. 0574)

The following was received:

City of Boston Office of the Mayor

April 19, 1991 To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on March 27, 1991, regarding Inspectional Services, please find the at- tached response.

Sincerely,

Raymond L. Flynn, Mayor.

Inspectional Services Department

BUILDING VIOLATIONS 40 and 42 Orchard Rd.

Violation # 2151-90, 40 Orchard Rd., was written 6/14/90. This violation was sworn into court on 9/07/90 and closed on 12/26/90.

Violation # 2142-90, 42 Orchard Rd., was written 6/14/90. This violation was sworn into court on 11/07/90 and remains in court at present time.

Violation # V 2152-90, 42 Orchard Rd., was writ- ten 6/14/90. This violation was sworn into court on 9/07/90 and closed on 1/23/91.

Placed on file.

CRIME STATISTICS FOR PERIOD 3/16/91 3/22/91 (DOCKET NO. 0577)

TO

The following was received:

City of Boston Office of the Mayor

April 19, 1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing March 16, 1991 and end- ing March 22, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

NOTICES FROM THE CITY CLERK

Notices were received from the City Clerk in ac- cordance with Chapter 6 of the Ordinances fo 1979 re actions taken by the Mayor with regard to the pa- pers acted upon by the City Council at its meetings of March 27, 1991 (Docket No. 0578) and April 3, 1991 (Docket No. 0579).

Severally placed on file.

CRIME STATISTICS FOR PERIOD 3/2/91 TO 3/8/91 (DOCKET NO. 0575)

The following was received:

City of Boston Office of the Mayor

April 19, 1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing March 2, 1991 and end- ing March 8, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 3/9/91 TO 3/15/91 (DOCKET NO. 0576)

The following was received:

City of Boston Office of the Mayor

April 19, 1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing March 9, 1991 and end- ing March 15, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

NOTICE OF HEARINGS FROM DEPARTMENT OF PUBLIC UTILITIES

Notice was received from the Department of Public Utilities of hearing on May 6, 1991, re Spence Transportation, Inc. (Docket No. 0580).

Notice was received from the Department of Public Utilities of hearing on May 6, 1991, re Boston Edi- son Company and Harbor Electric Energy Company. (Docket No. 0581).

Notice was received from the Department of Public Utilities of hearing on May 13, 1991, re Boston Edi- son Company (Docket No. 0582).

Severally placed on file.

COMMUNICATION FROM RENT EQUITY BOARD (DOCKET NO. 0583)

Communication was received from Constance J. Doty. Administrator, Rent Equity Board, transmitting a certified copy of Regulation 15, promulgated under Chapter 34 of the Ordinances of 1984, as amended.

Referred to Committee on Housing.

COMMUNICATION FROM CITY AUDITOR (DOCKET NO. 0584)

Communication was received from Sally M. De- gan. City Auditor, transmitting a list of the FY 1991 reallocations made by the Mayor prior to April 15, 1991 for the purpose of continuing operations.

Placed on file.

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COMMUNICATION FROM BOSTON LAND- MARKS COMMISSION RE DESIGNATION OF CERTAIN PROPERTY AS ARCHITECTURAL CONSERVATION DISTRICT (DOCKET NO.

0585)

Communication was received from the City Clerk transmitting a communication from the Boston Land- marks Commission for City Council action on the designation of 39 & 41 Princeton St., East Boston, as an Architectural Conservation District.

Referred to th Committee on the Environment and Public Works.

ABSENCE OF THE MAYOR (DOCKET NO. 0586)

Notice was received by the City Clerk from the Mayor of his absence from the City on April 21, 1991 to April 23, 1991.

Placed on file.

REPORT ON ORDER AUTHORIZING CITY TO APPLY FOR, ACCEPT, AND EXPEND CDAG OF $1,000,000 FOR OLMSTED PLAZA PRO- JECT (DOCKET NO. 0523)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the follow- ing:

Report on Docket No. 0523, message of the Mayor and order authorizing the City to apply for, accept, and expend a Community Development Action Grant (CDAG) of $1,000,000 for the Olmsted Plaza Project (referred April 10) recommending passage of the or- der,

The report was accepted; the order was passed.

COMMITTEE ON POST AUDIT AND OVER- SIGHT TO HOLD HEARING RE PERFORM- ANCE OF INSPECTIONAL SERVICES DE- PARTMENT WORKERS (DOCKET NO. 0587)

The following was received:

Couns. BOLLING, IANNELLA, and SCONDRAS offered the following:

Whereas, The residents of the City of Boston ex- pect and deserve to receive quality and timely service from the city's employees; and

Whereas, Recent articles by the Boston Herald suggest that employees of the Inspectional Services Department, particularly in the Housing Division, have failed to perform their duties in a proper man- ner; and

Whereas, Residents depend on Housing Inspectors to assist in improving often deplorable and dangerous living conditions; and

Whereas, The Herald articles reveal allegations that certain inspectors have been seen drinking alcohol during business hours and have completed falsified forms claiming to have been performing inspections when in fact they were not; and

Whereas, The Herald articles also speculate that certain inspectors have other full-time employment in addition to their city jobs; and

Whereas, It is important to examine these allega- tions closely and for the general public be allowed ;o offer any relevant information to this matter; there- fore be it

Ordered, That the City Council's Committee on Post Audit and Oversight conduct a public hearing concerning the work performance of Inspectional Services Department workers; and be it further

Ordered, That the Inspectional Services Depart- ment's Commissioner, Executive Director and Hous- ing Division head testify at said hearing.

Referred to the Committee on Post Audit and Oversight.

ORDER ACCEPTING PROVISIONS OF SECTION 90G 3/4 OF CHAPTER 32 OF G.L. (AS IN- SERTED BY CHAPTER 254 OF ACTS OF 1990) (DOCKET NO. 0588)

Coun. IANNELLA offered the following: Ordered, That section 90G 3/4 of Chapter thirty- two of the General Laws (as inserted by Chapter 254 of the Acts of 1990,) be, and the same hereby is, ac- cepted. Passed under suspension of the rules.

ORDER THAT RULE 27 BE SUSPENDED FOR DURATION OF BUDGET HEARINGS (DOCKET No. 0589)

Coun. MENINO offered the following:

Whereas, The Committee on Ways and Means will be holding hearings on the operating budget for FY'92; and

Whereas, Rule 27 of the Rules of the City Council forbids the conduct of any committee meeting on the day of any regular meeting of the Council; and

Whereas, It will be necessary to schedule budget hearings on Wednesdays in order to accommodate the schedules of the many Councillors wishing to attend these hearings; now there, be it

Ordered, That Rule 27 be suspended for the dura- tion of the budget hearings.

Passed under suspension of the rules.

CERTAIN INFORMATION UNDER SECTION 17F RE PRINTING-RELATED SERVICE CON- TRACTS (CONTRACT NO. 0590)

Coun. KELLY offered the following:

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law. His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt thereof, the following informa- tion:

The name and address of each contractor, the scope of work and the dollar amount of all printing and printing related services contracts (i.e. typeset- ting, graphic design, binding, etc.) for all city de- partments from the period of December 6, 1990 to the present.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0591)

Coun. IANNELLA offered the following: Ordered, That effective Wednesday. April 24, 1991 the following-named person be, and hereby is, ap-

94

APRIL 24, 1991

pointed to the position set against his name until Wednesday, July 24, 1991:

Eugene P. McCarthy, secretary, $500.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0592)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, April 24, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednesday, July 24, 1991:

James F. Mahoney, secretary, $500.00 per week, full time, 35 hours.

Passed under suspension of the rules.

CERTAIN INFORMATION UNDER SECTION 17F RE STATUS OF ORDER FOR YOUTH SERV- ICES COMMISSION TO PREPARE REPORT RE YOUTH POPULATION AND OTHER TRENDS (DOCKET NO. 0593)

Coun. BOLLING offered the following:

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

What is the status of the Order (passed by the City Council on June 13, 1990 and approved by the Mayor on July 2, 1990) for the Youth Services Com- mission to prepare a comprehensive report including a demographic profile of the city's youth population, a youth needs assessment, economic projections, em- ployment requirements and other significant trends'? At what stage of completion is the report and when will it be presented to the Mayor and City Council?

Passed under suspension of the rules.

SPECIAL COMMITTEE ON YOUTH SERVICES TO HOLD HEARING RE STATUS OF YOUTH COMMISSION REPORT AND ALSO HOLD HEARINGS TO TAKE TESTIMONY FROM RESIDENTS IN EACH COUNCIL DISTRICT ABOUT NEEDS OF YOUTH IN THEIR NEIGHBORHOODS (DOCKET NO. 0594)

Coun. BOLLING offered the following:

Whereas, The City Council passed on June 13, 1990 and the Mayor approved on July 2, 1990 an Order for the Youth Services Commission to prepare a comprehensive report including a demographic pro- file of the city's youth population, a youth needs as- sessment, economic projections, employment require- ments and other significant trends in the city; and

Whereas, The order mandated that the report be completed and presented to the Mayor and City Council 45 days after its passage; and

Whereas, The Youth Service Commission requested additional time to complete the report which was granted; and

Whereas: It is now some nine months after the ap- proval of the order and the City Council has not re- ceived the report; and

Whereas, The City Council's Special Committee on Youth Services is charged with overseeing the Youth Services Commission; therefore be it

Ordered, That the Special Committee on Youth Services conduct a public hearing to determine the status of the Youth Commission report; and be it fur- ther

Ordered, That the Special Committee on Youth Services conduct public hearings in at lest every City Council district to receive testimony from city resi- dents about the needs of youths in their neighbor- hoods.

Referred to the Special Committee on Youth Services.

COMMITTEE ON PUBLIC SAFETY TO HOLD HEARING RE MAYOR ENGAGING SERVICES OF COMPETENT ORGANIZATION TO SYS- TEMATICALLY AND THOROUGHLY RE- VIEW CERTAIN ALLEGATIONS ABOUT PO- LICE DEPARTMENT, CONDUCT PROGRAM AUDIT AND MAKE REPORT WITHIN 90 DAYS (DOCKET NO. 0595)

Coun. SCONDRAS offered the following:

Whereas, A series of Boston Globe articles stem- ming from a survey of 736 murder, robbery and armed robbery cases in Suffolk Superior Court re- veals persistent problems with routine, detailed work that builds strong cases that stand up in court; and

Whereas, This series of articles raises questions about the efficiency of the Police Department, show- ing that, according to FBI statistics. Boston Police rank 28th out of 30 big city police forces in solving murders. 26th out of 30 large cities in solving major crimes, although Boston ranks sixth in terms of po- lice per thousand people, and that even when murder arrests that Boston police say they did not report to the FBI are added to the analysis Boston rises to only a 56% rate for arrests in murder cases while the national average for large cities is nearly 70%; and

Whereas, This series has left in the minds of many serious doubts as to the effectiveness of our police department; and

Whereas, The press reports of the Mayor's decision to submit the Globe story to competent review is welcome but if limited to review of Globe stories vs. Police Department response would be inadequate to allay the concerns of many; and

Whereas, CBS local news investigated default war- rants showing that, according to Bob Griffin, who was then the Assistant DA in Roxbury District Court, 25% of defendants have defaulted before; and

Whereas, Multiple defaults do not trigger special action by the Police; and

Whereas, 30% to 40% of the inmates of Charles Street Jail have default warrant records; and

Whereas, There are some 40,000 outstanding war- rants in Boston; and

Whereas, There are some 30,000 no-show defend- ants on the loose according to the CBS report; and

Whereas, There are some 3.000 new warrants is- sued each month of which only half are actually served; and

Whereas. There is conflicting testimony about the pursuit of these defendants by the police; and

Whereas, In August of 1990 FINCOM released a study of police department staffing and deployment that raises serious questions about efficiency in the Police Department, in particular personnel manage- ment which, according to FINCOM, has failed to

CITY COUNCIL

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maintain a comprehensive personnel system accu- rately identifying the assignment of every sworn po- lice officer, failed to deal with the number of medi- cally incapacitated officers, which averages more than 100, failed to maintain an attendance program, and assigned too many officers to work that can be performed by civilians; and

Whereas, A variety of organizations have come up to question the efficacy of the Department and even questioned the Department itself relative to the man- agement of complaints about police behavior; and

Whereas, A survey taken among 114 people who reported hate motivated violence shows that 24% rated the police response as fair and 37% rated po- lice performance as poor, an unacceptable finding; and

Whereas, The inability of Internal Affairs to suc- cessfully cope with complaints about police behavior has been recently documented in some detail; and

Whereas, These reports, articles, and investigations all reduce public confidence in the police department; and

Whereas, It is in the best interests of both the Po- lice Department and the people of the city to have a fair and honest review of the Department on a pro- grammatic level; Now Therefore Be It

Ordered, That the Committee on Public Safety hold a hearing on the following Orders requesting the at- tendance of those individuals and organizations who may be best able to advise the Council on the useful- ness of a full and detailed program and management audit of the Boston Police Department, and, more specifically, Be It Further

Ordered, That the Mayor engage the services of a competent organization such as the Northeastern Col- lege of Criminal Justice or other such organization to undertake a systematic and thorough review of the al- legations made about the Boston Police Department and to conduct a program audit of the Department and to make its findings public within 90 days to the City Council and Mayor; and Be It Further

Ordered, That the program audit be designed to answer at a minimum the following questions:

a. Are the allegations and concerns expressed by the Boston Globe, Channel 7, the FINCOM report, the Superior Officers Association, the NAACP, vari- ous community organizations accurate, and if so, are there improvements being undertaken of a substantive nature?

b. Are other cities such as Baltimore, Milwaukee, Cincinatti and Seattle undertaking police work differ- ently, and if so, in what way and should we adopt those methods?

c. Are there any equipment, training or techniques requiring specialized laboratory work etc. which the department is lacking?

d. Are there any changes with regard to deploy- ment, the use of details, the domain of police work and the breakout between enforcement entrusted to police vs. other enforcement activities which would be more cost effective than the present mode of oper- ation?

e. Are there any legal constraints of any kind which inhibit the department from being able to be- come more efficient; if so what are they and what would be required to alter them?

f. Are there adequate, efficient and utilized infor- mation sharing between police and other city, state departments to maximize information for investiga- tions?

g. Are there any issues regarding morale, attitude and/or prejudice which affects the effectiveness of the department or the morale of the department, and if

so how might they be addressed effectively? Referred to the Committee on Public Safety.

COMMITTEE ON COMMERCE AND TRANS- PORTATION TO HOLD HEARING RE CON- CERNS ABOUT CENTRAL ARTERY/THIRD HARBOR TUNNEL PROJECT (DOCKET NO. 0596)

Couns. SCONDRAS and SALERNO offered the following:

Whereas, The Central Artery/Third Harbor Tunnel project and associated transportation changes will set the direction for transportation, land use, and envi- ronmental policies for the metropolitan Boston area well into the next century; and

Whereas, Needed public transportation improve- ments may be difficult to fund, and if they are not funded, may result in legal action which seriously delays the project; and

Whereas, The project's impact on public transpor- tation, the remainder of the highway network, the secondary roadways in the metropolitan area, and Boston's street infrastructure should be analyzed; and

Whereas, The potential for increase in automobile traffic resulting from improvements to Logan Airport and the Central Artery/Third Harbor Tunnel project should be analyzed; and

Whereas, As currently designed, the project may foreclose the possibility of constructing a vital rail link between North and South Station, and thus pre- vent completion of a rail system running from Maine to Washington, D.C.; and

Whereas, The project will have a significant impact on land value and land uses; and

Whereas, The project will have a significant impact on Boston's homeowners, tenants, and small busi- nesses; and

Whereas, The project will have a wide variety of environmental impacts, including air quality, noise levels, water table, endangered species, and parklands; and

Whereas, Estimates show a shortfall $6.2 billion in funding for Central Artery depression related costs such as environmental impact mitigation and con- struction of connector roads, interchanges, and long span bridges; and

Whereas, The project's cost and the debt incurred will be a significant factor in any plans the Common- wealth may entertain for future roadway or transit improvements even if optimistic projections of fund- ing are realized; and

Whereas, Alternative uses for monies set aside may be more reasonable and useful in terms of trans- portation and more in the public interest; and

Whereas, It has been alleged that monies have been withheld and allowed to accumulate in order to provide enough capital for the depression of the ar- tery thereby depriving the city and state of jobs and of infrastructural improvements badly needed to the road and bridge system; and

Whereas, There is a need for serious public scru- tiny of the project in adequate detail to determine the extent to which the project serves the people of the city and state; Now Therefore Be It

Ordered, The Committee on Transportation hold a public hearing to hear the concerns about the project and investigate the allegations regarding this project and issue a report detailing those concerns and find- ings to the City Council and the public as soon as it is feasible.

Referred to the Committee on Commerce and Transportation.

96

APRIL 24, 1991

ORDER THAT TRANSPORTATION DEPART- MENT PLACE TRAFFIC LIGHT AT CERTAIN INTERSECTION IN JAMAICA PLAIN (DOCKET NO. 0597)

Coun. HENNIGAN CASEY offered the following:

Whereas, The intersection of Cornwall Street and Brookside Avenue in Jamaica Plain has been the site of many accidents over the years, many of which were very serious in nature; and

Whereas, A Stop Sign is in place on Cornwall Street but this signage is not adequate to insure safety at the intersection nor does it curb the speed- ing of cars traveling on Brookside Avenue; and

Whereas, Our Lady of Lourdes Grammar School is located one block from this intersection and many of its students must travel in this area to go to school and to return home; and

Whereas, Flaherty (Cornwall) Playground is lo- cated at this intersection and is a play area that is used quite heavily, not only by residents of the Brookside neighborhood but the N.I.C.E. Daycare; Now Therefore Be It

Ordered, That the Transportation Department place a traffic light at the intersection of Cornwall Street and Brookside Avenue in Jamaica Plain to assist in alleviating traffic accidents and speeding at this inter- section.

Passed under suspension of the rules.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that two late filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The two matters were added to the Agenda to be individually considered.

COMMITTEE ON PUBLIC SAFETY TO HOLD HEARING RE IMPLEMENTATION OF SECTOR INTEGRITY AS DESIGNATED BY POLICE DEPARTMENT IN 1989 (DOCKET NO. )

Couns. SALERNO offered the following:

Whereas, The City Council's Committee on Public Safety held a public hearing, in May,' 1989. regard- ing an ordinance calling for implementation of sector integrity by the Boston Police Department in sectors of the City where there was a high rate of violent and drug-related crime; by the Boston Police Depart- ment; and

Whereas, A series of meetings where held at police stations in Areas B, B3, and C, attended by con- cerned citizens who voiced their support for sector integrity; and

Whereas, Community leaders and agency directors spoke in favor of the implementation of sector integ- rity in heavily impacted crime areas; and

Whereas, After numerous meetings with represent- atives of the Boston Police Department an agreement was reached, announced on June 13, 1989, with the Boston Police Department to implement sector integ- rity in sectors including, but not limited to, Roxbury, North Dorchester, Mattapan, South Dorchester, and Hyde Square; and

Whereas, Recent proposals by the Administration called for the implementation of community police.

an approach similar to sector integrity, throughout the City of Boston; and

Whereas, Sector integrity is viewed by many law enforcement officials as an important tool in address- ing the issues of illegal drug-use and violent crime and in involving the community in this effort; and

Whereas, The City of Boston is continuing to face rising levels of violent crime, as exemplified by the recent deaths of 11-year-old Charles Copney and 15- year-old Korey Grant; therefore be it

Ordered, That the Committee on Public Safety hold a public hearing on the implementation of sector in- tegrity in sectors designated by the Boston Police in 1989 and on the implementation of the community police program throughout the City.

Referred to the Committee on Public Safety.

COMMITTEE ON PUBLIC SAFETY TO HOLD HEARINGS TO EXAMINE POLICIES AND PROCEDURES AT SUFFOLK COUNTY HOUSE OF CORRECTION (DOCKET NO. )

Coun. McCORMACK offered the following:

Whereas, The recent death of an inmate at the Suf- folk County House of Correction has raised serious questions about procedures employed at the facility in the areas of medical care and medications, the use of force, emergency response and investigative re- sponse; therefore be it

Ordered, That the Boston City Council's Commit- tee on Public Safety conduct public hearings to exam- ine the policies and procedures employed at the Suf- folk County House of Correction, specifically those policies and procedures used in response to agitated inmates who need to be subdued and governing the use of force in those circumstances, and be it further

Ordered, That the Committee on Public Safety also examine the policies of Deer Island personnel con- cerning the administration of medications, medical care and emergency treatment to inmates and the Pe- nal Department's procedures for investigating allega- tions of abuse by guards and other personnel.

Referred to the Committee on Public Safety.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lution of a condolence or congratulatory nature as set forth after each Councillor's name:

Coun. Iannella: Ann Manfredonia (Docket No. 0598); Mrs. Ann Hennessey (Docket No. 0599); Agnes and William Kane (Docket No. 0600); Massa- chusetts Asian-American Forum (Docket No. 0601); Designating May 31, 1991, "New England Conserv- atory Youth Philharmonic Orchestra Day" (Docket No. 0602); Designating May 3 through May 5, 1991, "Maronite Days" (Docket No. 0603).

Councillors Hennigan Casey and Menino: Paul Ledbetter (Docket No. 0604).

Councillor O'Neil: Eric Moriello (Docket No. 0605); Tom and Sheila Cummings (Docket No. 0606); Detective Mario Potito (Docket No. 0607); Mary Joyce Walsh (Docket No. 0608); Jess Cain (Docket No. 0609).

Councillor Byrne: Designating April 24, 1991. "Randall J. Tobin Day" (Docket No. 0610).

CITY COUNCIL 97

Councillor Boiling: Deborah P. Jordan (Docket No. The matters contained within the Consent Agenda

0611). were severally adopted.

Councillor Yancey: Joyce Holland (Docket No.

0612); New York City Mayor David N. Dinkins

(Docket No. 0613); North Carolina United States

Senate candidate Harvey Gantt (Docket No. 0614). Adjourned at 2:15 p.m., on motion of Councillor

On motion of Councillor Iannella, Rule 11 was Scondras, to meet on Wednesday, May 1, 1991, at 2

suspended in order to add the following matters to Pm-

the Consent Agenda:

Councillor Yancey: Evelyn Sorrentini (Docket No.

m17)j Tm" ^?oWre,,,Noi!-0618): ^'l ?aMia Note: All debate of City Council eliminated from

(Docket No. 0619); Pancho Figueroa (Docket No. proceedings in accordance with Chapter 447, Acts

0620); Ismael Davila (Docket No. 0621); Marcia J'* ,047

Rivera (Docket No. 0622); Ilsia Montanez (Docket No. 0623).

CITY OF 8OSTON > ■i-UZ?: ':•: PRINTING SECTION

CITY COUNCIL

99

CITY OF BOSTON

Proceedings of City Council

Wednesday, May 1, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 2 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

The Reverend William Alberts of Community Church of Boston, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

DISAPPROVING ORDER THAT CORPORATION COUNSEL SEEK WRIT OF MANDAMUS, IF NECESSARY, TO ENSURE FULL COMPLI- ANCE WITH INTENT OF SUPREME COURT ORDER, CA 91-2041D, AND APPLICABLE SECTIONS OF CITY OF BOSTON CODE RE LONG ISLAND HOSPITAL (DOCKET NO. 0563)

The following was received:

City of Boston Office of the Mayor

April 29, 1991. To the City Council. Dear Councillors:

I transmit herewith without my signature and disap- proved an order passed by your Honorable Body April 10, 1991, Docket No. 0563, which requests the Corporation Counsel to advise the Mayor and the Commissioner of Health and Hospitals with regard to Long Island Hospital. The order further requires the Corporation Counsel to go to court, if necessary, to enforce a court Older regarding said Hospital and ap- plicable sections of the City of Boston Code.

I believe that this order is now moot since the City Council has subsequently determined to retain its own counsel and is now bringing such suit, Baxter, et al. v. Board of Health and Hospitals of the City of Boston, Suffolk Superior Court CA. No. 91 -2041 D.

Even if it were not moot, I would disapprove be- cause the order is an interference by the Council with the executive and administrative business of the City, which is prohibited by the Charter. St. 1948, c. 452, sec. 17G, as appearing in St. 1951, c. 376, sec. 1. The order is also an interference with the author- ity of the Corporation Counsel to exercise his discre- tion and skills to take the steps he deems necessary in legal matters under his jurisdiction. CBC Ordi- nances 5-8.1.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Assigned for further action.

DISAPPROVING ORDER THAT BOARD OF HEALTH AND HOSPITALS SHALL NOT CLOSE LONG ISLAND HOSPITAL (DOCKET NO. 0564)

The following was received:

City of Boston Office of the Mayor

April 29, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body on April 10, 1991, Docket No. 0564, which purports to order "(t)hat in accordance with the provisions of CBC Ordinance 12 s. 3 the Board of Health and Hospitals shall not close, or reduce the bed capacity at Long Island Hospital."

There are three reasons for my disapproval. The first reason is that the April 10th Council order has a drafting error which renders it technically and legally defective. CBC Ordinances 12-3, which the Council cites as authority for its action, concerns "Council on Aging"; it has nothing to do with Boston City Hospital. Presumably the Council meant to cite CBC Ordinances 12-1.2., "Approval for Closing or Re- ducing Bed Capacity of Facilities".

Even if the Council had properly drafted the April 10th order, there is a second, much more important reason for disapproving it. The Council's action forces the decaying Long Island Hospital to stay open and would confine patients within that institu- tion against their will. This is clearly wrong and un- fair to the patients and would also have severe ramifi- cations for the City's entire public health program.

There can be no dispute about what is in the pa- tients' best interests. Long Island Hospital is one hundred and four years old and it is no longer well- suited to operate as a chronic care facility. The pa- tients, in any event, are not "chronic care patients". According to medical experts and state and federal health care officials, these patients instead require the level of care available in a nursing home setting. Un- til recently, due to a shortage of nursing home beds in the Commonwealth, few options for such care ex- isted. However, due to the recent alteration and tight- ening of government reimbursement policies, now there are nursing home beds available for these pa- tients if action is taken without delay. Those patients who had the option to move to a nursing home be- fore the City Council brought suit to stop such moves all chose to do so voluntarily. At present, as a result of a lawsuit to which the Council is a party against the Board of Health and Hospitals, the plaintiffs have obtained an order forcing some patients to be held at Long Island Hospital against their wishes even though a preferable placement is available to them in a nursing home.

Keeping this antiquated facility open in the next fiscal year would cost some eight million dollars, money which the City does not have. If the City Council were to force Long Island Hospital to remain open, the Council would by necessity be imposing huge cuts in other essential City public health pro- grams, such as neighborhood health centers, lead paint screening programs, medical services for peo- ple with AIDS, and emergency ambulance services.

The Board of Health and Hospitals — after careful analysis of the medical needs of Long Island's pa- tients, the nature of the facility, and the City's overall public health needs — determined that it was neces- sary to close the Hospital. A plan was developed to arrange for more appropriate nursing home care for all of the patients.

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This is a decision for the Board of Health and Hospitals to make. Because the Board's plan respects the patients' best interests and has been approved by leading geriatricians and by the Massachusetts De- partment of Public Health, Commissioner Kurland and I believe that it is a reasonable, compassionate decision.

Common sense alone should tell us that decisions on such matters as closing Long Island Hospital or reducing the bed capacity are decisions to be made by public health officials. It is not just common sense, however; it is also the law. The special act governing City Hospital clearly authorizes the Board of Health and Hospitals to make such decisions. The special act does not allow for a City Council veto of the Board's decision. St. 1965, c. 656.

The third reason for my disapproval is that, as the Corporation Counsel advised at the time of its pas- sage, the 1973 ordinance which the City Council purports to rely upon is void. This is so not only be- cause it has no basis in St. 1965, c. 656, but also because it conflicts with the City Charter. The Char- ter prohibits the Council from interfering in the exec- utive and administrative business of the City. St. 1948, c. 452, s. 17G, as appearing in St. 1951, c. 376, s. 1, as well as from unilaterally reorganizing City departments. St. 1953, c. 473, s. 5. Nor may the Council directly of indirectly require an appropri- ation of funds to maintain Long Island Hospital at a certain bed capacity. St. 1909, c. 486, s. 3, as ap- pearing in St. 1982, c. 190, s. 15. Therefore, the Council is prohibited by law from exercising a veto over valid public health decisions made by the Board of Health and Hospitals.

Very truly yours,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.)

Assigned for further action.

APPROPRIATION OF $750,000 FROM INCOME OF GEORGE F. PARKMAN FUND (DOCKET NO. 0624)

The following was received:

City of Boston Office of the Mayor

April 30, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order ap- propriating seven hundred and fifty thousand dollars ($750,000) from the income of the George F. Parkman Fund. The funds are to be expended under the direction of the Commissioner of Parks and Rec- reation for the maintenance and improvement of Boston Common and Parks in existence on January 12, 1887.

I urge your Honorable Body to pass this order as expeditiously as possible so that the funds can be spent in accordance with Mr. Parkman's bequest. Respectfully,

Raymond L. Flynn, Mayor. Ordered, That the sum of seven hundred fifty thou- sand dollars ($750,000) be and hereby is, appropri- ated from the income of the George F. Parkman Fund to be expended at the direction of the Commis- sioner of Parks and Recreation for the maintenance and improvement of Boston Common and parks in existence on January 12, 1887.

Referred to the Committee on City and Neigh- borhood Services.

APPROPRIATION OF $550,141.49 FOR LIBRARY OF LAST RECOURSE (DOCKET NO. 0625)

The following was received:

City of Boston Office of the Mayor

April 30, 1991. To the City Council. Dear Councillors:

I transmit herewith an appropriation order in the amount of $550,141.49 to the Library Department for the Library of Last Recourse.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor. Ordered, That in addition to the appropriation heretofore made, to meet salary expenses for the Li- brary Department in the fiscal period commencing January 1, 1991 through March 31, 1991, that the sum of five hundred fifty thousand, one hundred forty-one dollars and forty-nine cents ($550,141.49) be, and the same hereby is appropriated, said sum to be met from the Commonwealth of Massachusetts un- der G.L. ch. 79, sec. 19C as amended by ch. 636 Acts of 1970:

011-110-0110 Library Department, Personal Serv- ices, $550,141.49. Referred to the Committee on Ways and Means.

CRIME STATISTICS FOR PERIOD 3/23/91 TO 3/29/91 (DOCKET NO. 0626)

The following was received:

City of Boston Office of the Mayor

April 30, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing March 23, 1991 and end- ing March 29, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FROM 3/30/91 TO 4/5/91 (DOCKET NO. 0627)

The following was received:

City of Boston Office of the Mayor

April 30, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing March 30, 1991 and end- ing April 5, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

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NOTICE OF HEARINGS FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0628)

Notice was received from the Department of Public Utilities of hearings re New England Telephone and Telegraph Company.

Placed on file.

COMMUNICATIONS RE CITY'S RESPONSE TO FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT FOR CENTRAL AR- TERY/THIRD HARBOR TUNNEL PROJECT (DOCKET NO. 0629)

Communications were received from the Commis- sioner of Transportation, the Commissioner of Parks and Recreation, and the Director of the Environment Department, re: City's response to the Final Supple- mental Environmental Impact Statement for the Cen- tral Artery/Third Harbor Tunnel Project.

Placed on file.

ABSENCE OF THE MAYOR (DOCKET NO. 0630)

Notice was received by the City Clerk from the Mayor of his absence from the City from April 27, 1991 to April 28, 1991.

Placed on file.

COMMUNICATION FROM CONGRESSMAN NICHOLAS MAVROULES (DOCKET NO. 0631)

Communication was received from Congressman Nicholas Mavroules, U.S. House of Representatives, re: resolution supporting the participation of women and minority owned businesses in the rebuilding of Kuwait.

Placed on file.

QUARTERLY MONTHLY MANAGEMENT REPORT FROM BHA (DOCKET NO. 0632)

The Quarterly Monthly Management report for March 1991, was received from the Boston Housing Authority.

Referred to the Committee on Housing.

NOTICE FROM CITY CLERK (DOCKET NO. 0633)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of April 10, 1991.

Placed on file.

ENVIRONMENTAL NOTIFICATION REPORT FOR PROJECT NAME, NEW DUDLEY STREET: PHASE II (DOCKET NO. 0634)

The Environmental Notification Report for Project Name — New Dudley Street: Phase II, was received from the Massachusetts Department of Public Works.

Placed on file.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0635)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 1, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednesday, August 7, 1991:

James F. Mahoney, secretary, $517.21 per week, part time, 30 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0636)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 1, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednesday, August 7, 1991:

Eugene P. McCarthy, secretary, $517.21 per week, part time, 30 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0637)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 1, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, August 7, 1991:

Catherine Fratianni, adm. asst., $498.08 per week, full time, 35 hours.

Passed under suspension of the rules.

ORDER THAT RULE 28 OF CITY COUNCIL RULES BE AMENDED TO INCLUDE A SPE- CIAL COMMITTEE ON REDISTRICTING (DOCKET NO. 0638)

Coun. BOLLING offered the following:

Whereas, The City of Boston is holding municipal elections in 1991; and

Whereas, The 1990 federal census has been com- pleted and the Boston Redevelopment Authority and the Management Information Systems Department are in receipt of the census data base for the City of Boston; and

Whereas, Federal Constitutional Law mandates that the most recent census data be used for the purpose of establishing electoral districts; and

Whereas, The City Council is responsible for re- districting in the City of Boston; and

Whereas, The City Council needs to determine the configuration of electoral districts based on the 1990 census for the City of Boston to be in compliance with both the Federal Constitutional requirements of "one person/one vote" and Section 2 of the 1965 Voting Rights Act as amended in 1982; therefore be it

Ordered, That Rule 28 of the Rules of the City Council be amended to include a Special Committee on Redistricting which shall concern itself with the implementation of a redistricting process for the 1991 municipal elections. The committee shall make rec- ommendations for an appropriate reconfiguring of the City Council/School Committee districts based on the 1990 federal census.

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On request of Coun. BOLLING, this order was placed at the end of the Agenda.

Later in the session the order was referred to the Committee of the Whole.

REQUESTING TRANSPORTATION DEPART- MENT PLACE TEMPORARY "RESIDENT PARKING ONLY" SIGNS AT CERTAIN STREETS DURING ANNUAL CARNIVAL AT ANNUNCIATION CHURCH (DOCKET NO. 0639)

Couns. HENNIGAN CASEY and O'NEIL offered the following:

Whereas, The annual carnival held at the Annunci- ation Church, 7 V.F.W. Parkway, Roslindale, will take place on Thursday, May 23, 1991, through Monday, May 27, 1991; and

Whereas, The Annunciation Church has made sin- cere efforts to accommodate the neighborhoods that are impacted by this event; and

Whereas, The local residents of Andover Road. Buchanan Road, Shrewsbury Road and Wedgewood Road in Roslindale experience parking problems dur- ing the days the carnival is at the church; Now Therefore Be It

Ordered, That the Transportation Department place temporary RESIDENT PARKING ONLY signs at the above mentioned roads to help prevent the potential parking problems.

Passed under suspension of the rules.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING RE TREA- SURY DEPARTMENT'S POLICY RE COL- LECTION ON DEFAULTED OR DELIN- QUENT EXCISE TAX ACCOUNTS (DOCKET NO. 0640)

Coun. KELLY offered the following:

Whereas, Under Chapter 653 of the Acts of 1989, a motorist will be prohibited from renewing a license or registration until all outstanding excise tax bills are settled; and

Whereas, In compliance with this statute the City of Boston has mailed notices of excise tax due to res- idents of the City of Boston; and

Whereas, The city has contracted the services of Urban Tax Services to collect on these accounts; and

Whereas, Urban Tax Services has made claims for payment on bills over twenty years old; and

Whereas, Under Chapter 653 of the Acts of 1989. a registration or license renewal will be denied until proof of payment is made to Urban Tax Services; and

Whereas, One resident was a Notice of Intent to Suspend Registration based on a city record which showed a 1984 non-payment, when, in fact, a can- celled check proved that the excise was paid ten months before a bill was sent; and

Whereas, Although the practice of sending out ten or twenty -year-old excise tax bills may capture some delinquents, it may also snare the innocent who have no proof of payment; and

Whereas, Although state statute and city ordinances governing these collections are in all likelihood valid and constitutional, there remains a serious legal ques- tion whether the lapse between assessment and col- lection has affected the broader constitutional ques- tion of due process; be it therefore

Ordered, That the Committee on City and Neigh- borhood Services conduct a timely public hearing into the Treasury Department's policy with regard to collection on defaulted or delinquent excise tax ac- counts to determine whether residents are denied the opportunity of due process when they are called on to produce proof of payment of an excise tax bill ten, fifteen or twenty years old; and be it further

Ordered, That a representative of the city's Law Department, a representative of Urban Tax Services, and the Mayor's Office be invited to attend.

Referred to the Committee on City and Neigh- borhood Services.

ORDINANCE AMENDING CHAPTER 34 OF THE ORDINANCES OF 1984, AS AMENDED (DOCKET NO. 0641)

Coun. KELLY offered the following: City of Boston In the Year Nineteen Hundred and AN ORDINANCE AMENDING CHAPTER 34 OF THE ORDINANCES OF 1984, AS AMENDED

Be it ordained by the City Council of Boston, as follows:

Section One: After the words: "dwellings therein as their permanent residence;" at the end of Section 1 (n)(ll), add the following new words: "provided further, that in any exempt housing accommodation in which the owner occupants are elderly, that hous- ing accommodation shall be considered occupied by all legal and beneficial owners where one of the own- ers, due to poor health or disability, enters or is committed to a nursing home or hospital."

Referred to the Committee on Housing.

ORDINANCE RE PARENTAL RESPONSIBILITY (DOCKET NO. 0642)

Coun. BOLLING offered the following: City of Boston In the Year Nineteen Hundred and Ninety-one AN ORDINANCE RE: PARENTAL RESPONSIBIL- ITY

Whereas, Over the last decade, the City of Boston has experienced an escalation of violent crime often involving minors; and

Whereas, The most fundamental responsibility of parents is to provide for the safety and welfare of their children; and

Whereas, Children engaging in criminal activities are a danger to both themselves and society; and

Whereas, The first line of defense against crime should be in the home where parents should instill basic societal values and, if necessary, take appropri- ate actions to restrain their children from participat- ing in criminal activities; and

Whereas, Parents who have difficulty controlling their children should have access to help in improv- ing their parenting skills; and

Whereas: Parents who do not uphold their parental responsibilities and whose children habitually commit criminal acts should be held responsible for their children's actions; therefore

Be it ordained by the City Council of Boston in ac- cordance with the provisions of Massachusetts Gen- eral Laws 43B, Section 13, and any other applicable law, as follows:

Section One. Definitions.

For the purposes of this Ordinance, the following definitions shall apply unless the context otherwise requires:

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Delinquent Acts means 'hose acts which violate the laws of the United States, or the statutes of the Com- monwealth of Massachusetts or the ordinances of the City of Boston or those acts which would cause or tend to cause a minor iO come under the jurisdiction of the juvenile division of the courts.

Minor means any person under the age of sixteen (16) years residing with a parent.

Parent means mother, father, legal guardian and any other person having the care or custody of a mi- nor or any person acting in the parents stead who has custody or control of the child.

Illegal Drugs means controlled substances obtained without a legal prescription.

Juvenile Delinquent means those minors whose be- havior interferes with the rights of others or menaces the welfare of the community.

Section Two. Parental Responsibilities.

It is the continuous responsibility of the parents of any minor to exercise reasonable control to prevent the minor from committing any delinquent act. In- cluded (without limitation) in this continuous respon- sibility of reasonable parental control are the follow- ing parental duties:

(A) To keep illegal firearms out of the home and legal firearms locked in places that are inaccessible to the minor;

(B) To require the minor to attend regular school sessions and to forbid the minor to be absent from classes without parental or school permission;

(C) To arrange proper supervision for the minor when the parent must be absent;

(D) To forbid the minor from keeping stolen prop- erty, illegally possessing firearms or illegal drugs, or associating with known juvenile delinquents, or to seek help from appropriate government authorities or private agencies in handling or controlling the minor, when necessary, if it becomes known to the parent that the minor possesses stolen property, legal or ille- gal firearms, illegal drugs, or is associating with known juvenile delinquents.

Section Three. Notification of Parents.

Whenever a minor is arrested or detained for the commission of any delinquent act within the city, the parent of the minor shall be immediately notified by the Police Department advising the parent of such ar- rest or detention, the reason therefor, and the parent's responsibility under this ordinance. A record of such notifications shall be kept by the Police Department.

Whenever a minor is absent from class during reg- ular school sessions without parental or school per- mission the parent of the minor shall be immediately notified by the Principal of the school, advising the parent of such absence and the parent's responsibility under this ordinance. A record of such notifications shall be kept by the School Department.

Section Four. Parental Violation and Penalty.

If a minor commits a delinquent act, the parent shall be guilty of a violation of this article if it is proven that any act, word, or non-performance of pa- rental, responsibility by the parent encouraged, con- tributed toward, caused, or tended to cause the com- mission of the delinquent act by the minor.

Upon the first conviction of a violation of this or- dinance the parent shall be subject to a written warn- ing concerning the parent's responsibility under this ordinance and shall be referred to a court approved, community based treatment program such as (parent- ing skills, family services, employment and training, etc.).

Upon the second conviction of a violation of this ordinance, the parent shall be subject to a fine of not

less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) and in addition be sentenced to probation upon the condition that the parent partici- pate in, through completion, a court approved com- munity based treatment (such as parenting skills, family services, employment, and training, etc.).

Upon the third conviction of a violation of this or- dinance the parent shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and in the discretion of the court, confinement in the county jail for a term of not less than 7 nor more than 15 days.

Section Five. This ordinance shall take effect upon passage.

Referred to the Committee on Government Op- erations.

ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND EMERGENCY SHELTER GRANT OF $442,000 FROM UNITED STATES DE- PARTMENT OF HOUSING (DOCKET NO.

0524)

Coun. O'NEIL called Docket No. 0524 from the Special Committee on the Hungry and the Homeless under Rule 20.

A sufficient number of members having stood with him, the order was before the body.

Coun. O'NEIL moved that the order be passed.

The order was passed under suspension of the rules.

THE COMMUNITY/POLICE PARTNERSHIP ACT (DOCKET NO. 0643)

Coun. Boiling offered the following: City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance: The Community/Police Partnership Act

Whereas, Boston residents have been appreciative of the dedicated efforts of the Boston Police Depart- ment in combating crime in the city; and

Whereas, Many community residents have been leaders in efforts to stop violence in the city's neigh- borhoods; and

Whereas, Cooperation between the community and police is essential to reducing crime in the city; and

Whereas, There has been an erosion in the working relationship between the community and the Police Department in the City of Boston; and

Whereas; On January 16, 1990 Police Commis- sioner Francis M. Roache requested the "Advisory Committee on Boston Police Training and Education" to review the Police Department's training and per- formance as to body searches; and

Whereas, Among the Advisory Committee's rec- ommendations is the creation of a "joint Police/Civi- lian Community Relations Committee" to suggest strategies for improving police-community relations; and

Whereas, Community/Police relations committees are needed to promote a better working relationship between the Police Department and the community and to recommend strategies for aggressive, profes- sional policing standards and methods acceptable to both the community and the police; Therefore Be It Ordained: By the City Council of Boston, in accord- ance with the provisions of Massachusetts General

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Laws Chapter 43B, section 13, and any other appli- cable law, as follows:

Section One. Formation of Committees.

There shall be within the City of Boston a commit- tee within each of the five existing police areas, to be known as Community/Police Partnership Committees. Each Committee shall be comprised of fifteen (15) members appointed by the commanding officer of each respective police area: three (3) shall be police officers assigned to the respective police area and twelve (12) shall be community members. Commu- nity members appointed to each Committee shall be representative of the following individuals and organi- zations: local crime watch organizations, local civic organizations, local social service organizations, local businesses, local schools, property owners, tenants, parents, and teenagers. Committee members shall serve without compensation. Committee members shall serve two-year terms. Each committee shall be co-chaired by a police officer appointed annually by the commanding officer of each police area and a community resident elected annually by the commu- nity members of each committee. Each committee shall meet at least monthly at a time and location convenient for community residents.

Section Two. Duties.

Each committee shall be charged with, but not lim- ited to: devising ways to fostering better relations be- tween the Police Department and community resi- dents; identifying persistent crime patterns for appropriate police action; devising strategies for com- bating gang activity and drug trafficking; establishing community block watch groups; enhancing youth de- velopment initiatives; establishing police/community athletic leagues; and promoting the preservation of constitutional and civil rights of community residents.

Section Three. Subcommittees

Each Committee shall form subcommittees of local community members to address concerns of specific neighborhoods and blocks within the respective po- lice areas. Subcommittees shall have the same duties described in Section Two of this act.

Section Four. This ordinance shall take effect upon passage.

Referred to the Committee on Public Safety.

ORDER RE LEASING OF BOSTON SCHOOL BUSES IN SUMMER MONTHS TO NON- PROFITS (DOCKET NO. 0644)

Couns. HENNIGAN CASEY and SALERNO of- fered the following:

Whereas, Many worthwhile summer day camp, ed- ucational and recreational programs are organized by Boston non-profit organizations for children in the City of Boston; and

Whereas, Providing transportation for these Boston children to avail themselves of the summer programs is often times problematic for these non-profits; and

Whereas, Boston School Department buses are generally available during the summer months and could be utilized to assist these Boston non-profits to take Boston's children to programs; Now, Therefore Be It

Ordered, That Corporation Counsel indicate how the use of school buses by non-profits who provide a service to the children of Boston may be arranged in time for this summer and be consistent with of M.G.L., c. 159A, s. 11A, and further asks that Cor- poration Counsel work with the Boston City Council to assist in allowing the use of buses by non-profits for the benefit of the children of the City of Boston.

Referred to the Committee on Public Education.

LATE-FILED MATTER

The Chair moved that the rules be suspended and that one late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried; the matter was added to the Agenda.

ORDER FOR SUPPLEMENTAL APPROPRIATION OF $4,000,000 FOR SCHOOL DEPARTMENT (DOCKET NO. 0386)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0386, message of the Mayor and order approving a supplemental appropriation of $4,000,000 for the School Department (referred March 6) recommending that the order be rejected without prejudice.

The report was accepted; the order was rejected without prejudice.

Coun. YANCEY requested that he be recorded as voting against the rejection of the order without prej- udice.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a congratulatory or condolence nature as set forth after each Councillor's name:

Councillors Scondras, Salerno, McLaughlin and McCormack: Declaring May 20, 1991, "Bike to Work Day" and supporting Congressman Joseph Kennedy's Bicycle and Pedestrian Transportation Im- provement Act of 1991 (Docket No. 0645).

Councillor Travaglini: Declaring May 3, 1991, "British Airways Day" (Docket No. 0646); Tony and Julia Ruggiero (Docket No. 0647).

Councillor McCormack: Edward T Barry (Docket No. 0648).

Councillor Yancey: Massachusetts Association of Minority Law Enforcement Officers, Inc. (Docket No. 0649).

Councillor Byrne: Etta Gerber (Docket No. 0650).

On motion of Councillor Iannella, Rule 1 1 was suspended in order to add the following seven mat- ters to the Consent Agenda:

Councillor Boiling: Superintendent Search Commit- tee and Issacson, Miller, Gilvar, and Boulware Inc. (Docket No. 0651).

Councillor Salerno: Endorsing Violence Prevention Awareness Week (Docket No. 0652); Diane Cerrone (Docket No. 0653); Berklee College of Music (Docket No. 0654); John Andrew Azpell (Docket No. 0655).

Councillor Yancey: John O. Norquist (Docket No. 0656); Marlon O'Bryon (Docket No. 0657).

The matters contained with the Consent Agenda were severally adopted.

Adjourned at 2:50 p.m., on motion of Councillor Travaglini, to meet on Wednesday, May 8, 1991, at 2 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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CITY OF BOSTON

Proceedings of City Council

Wednesday, May 8, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, Absent, Councillor Mc- CORMACK.

President IANNELLA requested that all present stand for a moment of silence, and the meeting was opened with the pledge of allegiance to the flag.

ANNUAL APPROPRIATION AND TAX ORDERS FOR FY 1992 (DOCKET NO. 0658)

The following was received:

City of Boston Office of the Mayor

May 7, 1991. To the City Council. Dear Councillors:

I transmit herewith my proposed Fiscal Year 1992 operating budget for the City of Boston and the County of Suffolk. This budget is noteworthy in the following respects:

• The proposed budget marks the seventh consecu- tive year in a row of a balanced City budget;

• The proposed budget reflects the first decrease in City spending since the Proposition 2-1/2 im- pacted budgets of the early 1980s;

• The proposed budget protects essential neighbor- hood services as much as possible and gives high priority to public safety, education, youth, critical health care, and emergency shelter expenditures; and,

• The proposed budget, while harmful to City services, capitalizes on the opportunity to make appropriate organizational changes and to insti- tute improvements in services.

The decrease in City spending is a direct reflection of misplaced state and federal priorities. It is also, unfortunately, an aspect of the weak Massachusetts economy which is not only harming families and communities but governmental budgets as well. Of particular note, however, is the escalating abandon- ment by the Commonwealth of Massachusetts of its cities and towns as expressed in the form of an active and adequately funded local aid program. The part- nership of the state with its 351 cities and towns is clearly at an end, as the state continues to off-load the effects of its fiscal mismanagement onto the backs of cities and towns. In sum, the retreat of state government in support of cities and towns, along with the impact of the recession, lowers projected City spending by 2.5% when compared to the current year appropriation.

Since my first budget submission in FY85, Boston has managed its financial affairs in a responsible manner. Indeed, since FY89 my budget proposals have reflected a determination to insure that City spending matched available resources. For most City departments the proposed budget will be the third year in a row of budget cuts. In terms of both dollars and staffing the City is living within its means. From FY85 until FY92 City budget increases have aver- aged 4.3% per year, less than the rate of inflation over the same period. In constant dollars, the pro- posed spending plan for FY92 is less than actual spending in FY85. Staffing for all City departments (other than the School Department) is less than it was when I took office. Indeed, a recent Special Report issued by the Boston Municipal Research Bureau noted: "For the second consecutive year, the City of Boston reduced its total work force, reflecting the City's limited revenue growth, primarily due to cuts in state aid . . . The total number of city and county positions, excluding schools, on the payroll as of January 1, 1991 was 34 less than when Mayor Flynn began office." BMRB Special Report, March 21, 1991, p. 1.

Our commitment to sound finance has also been the reason for five bond rating increases for the City of Boston over the past seven years. These fiscal achievements are matched by the improvements in City services over the same period. Fiscal stability and credibility are the cornerstones to sustained im- provements in programs and services. Times, however, have gotten a lot tougher. In order to keep my committment to a balanced City budget, difficult — and in a number of cases painful — cuts must be made. Overall, the proposed FY92 budget reduces current departmental appropria- tions by $59 million. In terms of departments provid- ing direct City services the average cut will be 5.0%; for administrative support departments the average reduction will be 21.7%. Only one City service de- partment, the Emergency Shelter Commission, is slated for a budget increase for FY92. All other City agencies will be cut, most for the third year in a row. Should the Governor and the State Legislature restore the cuts in local aid, however, our first prior- ity will be to work toward restoring the budgets of those departments providing direct City services.

Some specific examples of budget reductions are as follows:

• Departments Providing City Services

Police Department — 1 .7 %

Fire Department -3.0%

School Department -3.9%

Library Department -9.2%

Public Works Department - 1 1 .4%

Inspectional Services Dept. -19.8%

Parks Department -19.9%

Office of Business & Cultural Development —31.4%

• Departments Providing Administrative Support Treasury Division —12.6% Assessing Department -15.3% Purchasing Division/ASD -19.7% Law Department -24.1% Office of Budget & Program

Evaluation/ASD -24.3%

Printing Department/ ASD -28.6%

Mayor's Policy Office -31.8%

Retirement Board -43.9%

106

CITY COUNCIL

Included in this budget is a proposed appropriation for the Boston School Department of $374 million. With this addition of $4.5 million in state Equal Edu- cation Opportunity Grant money and federal impact funds, the school system will have $378.5 million in direct operating funds available to it for FY92. When available grant funds are used, total school spending for the next fiscal year will exceed $432.5 million or an average of $7,600 per student. In the City's capi- tal budget, I have allocated an additional $165 mil- lion for school building improvements. While the proposed budget for FY92 represents a slight de- crease in funding for the School Department, the de- cline is just 1/10 of 1 percent compared to FY90 ex- penditures. If additional resources become available I will recommend an increase in the proposed budget for the School Department based upon a fair, propor- tioned distribution of those dollars to the school sys- tem and other priority City services. It is imperative, however, that the School Committee commit itself to a fiscally responsible spending plan for FY92, and not continue their past practice of knowingly over- spending their appropriation.

This budget is premised, though, on the fact that the Commonwealth will cut local aid to the City of Boston for the third year in a row. The proposed cut for FY92 is particularly harmful in that it disapro- portionately penalizes the City of Boston. Of the an- nounced local aid cut of $110 million, Boston's share of the cut was $28 million or fully one quarter of the cuts proposed for all cities and towns, although Boston represents just 10% of the state's population. As Boston and most other cities and towns are fis- cally dependent upon the local aid revenue sharing program, we are left with but one option — the re- duction of department budgets and the gradual disas- sembling of critical services. The state's disinvest- ment in its Capital City is more puzzling in the sense that it is not in the Commonwealth's financial interest to harm the City that has served as the state's princi- pal tax revenue resource. According to the Boston Redevelopment Authority, 23 % of goods and services produced in the Commonwealth are due to economic activity within the City of Boston.

The proposed budget, though, does present the op- portunity for organizational improvement and the sav- ing of dollars. Some of the more significant changes are:

• Consolidating Long Island Hospital with Mattapan Hospital, a move which will improve patient care;

• Consolidating the Environment Department with the Parks Department, a change which will en- hance the City's ability to place additional re- sources into its environmental programs;

• Consolidating the City's Cable Communications Office with the City's Management Information Systems Office, a change which will place all communication technology within one agency:

• A proposal to consolidate the City's two licensing boards, ending an anachronism which need not exist today; and,

• Terminating funding for the City Listing Board, an obsolete state mandate which, if the Common- wealth finds useful, it can fund.

Overall, the abolishment and consolidation of vari- ous City agencies will save over $1 million for FY92.

Also, of particular importance in terms of the City environment and with a view toward long term sav- ings, the budget funds the first City wide recycling effort. Through FY91, the Department of Public

Works had successfully managed several pilot recy- cling efforts. Based upon the lessons learned from these smaller programs, the city will begin a major recycling effort aimed at collecting and recycling of newspaper. While some concerns over the short term viability of the programs exist, and while it is hoped that the Commonwealth will do its part in helping to create sustainable markets for recycled newspapers, the City will begin its program in the belief that it is a smart environmental approach for the remainder of this century and the next, and will ultimately save the taxpayers money.

FY92 will be a year of challenge, but it can also be a year of opportunity. While it is patently unfair and terrible public policy to continue to cut local aid, we will not complain about our fate. While we will fight to keep the Commonwealth to its commitment to return our tax dollars back to local government, we are prepared — indeed, we are determined — to maintain a credible and balanced budget. Faith in government is based on a belief that those of us elected to serve the people are accountable and com- mitted to spending tax dollars wisely and well. In this, my eighth budget since first being elected Mayor, I keep that pledge to the people of the City of Boston.

I respectfully submit this budget to the City Coun- cil, and look forward to discussing it with you. Sincerely,

Raymond L. Flynn, Mayor of Boston.

ORDERED:

I. That to meet current expenses of the City of Boston and the County of Suffolk, in the fiscal year commencing July 1, 1991 and ending June 30, 1992, the respective sums of money specified in the sched- ules hereinafter set out, be, and the same hereby are, appropriated for expenditure under the direction of the respective boards and officers severally specified, for the several specific purposes hereinafter desig- nated and, except for transfers lawfully made, for such purposes only — said appropriations, to the ex- tent they are for the maintenance and operation of parking meters, and the regulation of parking and other activities incident thereto (which is hereby de- termined to be $8,000,000), being made out of the income from parking meters and, to the extent they are for other purposes, being made out of the pro- ceeds from the sale of tax title possessions and re- ceipts from tax tide redemptions, in addition to the total real and personal property taxes of prior years collected from July 1, 1990 up to and including March 31, 1991, as certified by the City Auditor un- der Section 23 of Chapter 59 of the General Laws, and out of available funds on hand (which is hereby determined to be TEN MILLION NINE HUNDRED SIX THOUSAND SDC HUNDRED TWENTY DOL- LARS ($10,906,620) as certified by the Director of Accounts under said Section 23, and the balance of said appropriations to be raised by taxation pursuant to said Section 23: —

FURTHER ORDERED:

n. That to meet so much of the expenses of main- taining, improving and embellishing in the fiscal per- iod commencing July 1, 1991 and ending June 30, 1992, cemeteries owned by the City of Boston, or in its charge, as is not met by the income of deposits for perpetual care on hand December 31, 1990, the respective sum of money specified in the subjoined schedule be, and the same hereby is, appropriated

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109

out of the fund set up under Chapter 1 j ot tne Acts of 1961 — the same to be expended under the direc- tion of the Commissioner of Parks and Recreation: 015-400-3321 CEMETERY DIVISION PARKS AND RECREATION DEPARTMENT

1. Personal Services

2. Contractual Services

3. Supplies and Materials

4. Current Charges and Obligations

5. Equipment

6. Other TOTAL

$1,027,919 64,000 59,200 76,000 15,300 57,581

$1,300,000

Referred to the Committee on Ways and Means.

ORDER FOR PETITION FOR SPECIAL LAW TO AMEND CERTIFICATION FROM REEM- PLOYMENT LIST AS APPLIED TO POLICE AND FIRE DEPARTMENT APPOINTMENTS (DOCKET NO. 0659)

The following was received:

City of Boston Office of the Mayor

May 7, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule petition which would amend the civil service law as it pertains to the reemployment of police officers and firefighters in the City of Boston.

Under present law, if a person has become sepa- rated from such a position because of lack of work or money or because the position has been abolished, or if certain persons have resigned such positions be- cause of illness, their names are placed on a state- wide reemployment list and they are rehired in order of seniority. What this means is that if there is a va- cant police officer or firefighter position in the City of Boston, a person from another city or town can fill that position if he is more senior on the list than a former Boston police officer or firefighter.

This home rule petition provides that if there is such a vacant position in the City, that position shall' be filled only by a person on the reemployment list who is a former City of Boston police officer of fire- fighter.

I urge your Honorable Body to pass this home rule petition as expenditiously as possible. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing pre- cisely as follows, except for clerical or editorial er- rors.

Changes of form only:

Section 1. The second paragraph of section 40 of chapter 31 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by insert- ing at the end thereof after the word "list", in line 19, the words: provided, however, that in the case of

requisitions for appointment as police officers, fire- fighters or promotion to any rank of the police or fire department in the city of Boston, only those per- sons who have previously been separated from posi- tions as police officers or firefighters with the city of Boston because of lack of work or lack of money or abolition of his position, and those persons who have resigned from positions as police officers or firefigh- ters with the city of Boston for reasons of illness and have requested the administrator within two years from the date of said person's resignation to place his name on the reemployment list, shall be so certified.

Section 2. This act shall take effect upon its pas- sage.

Referred to the Committee on Public Safety.

ABSENCE OF THE MAYOR (DOCKET NO. 0660)

Notice was received by the City Clerk from the Mayor of his absence from the City May 3, 1991 to May 4, 1991.

Placed on file.

NOTICE OF HEARINGS FROM DEPARTMENT OF PUBLIC UTILITIES

Notice was received from the Department of Public Utilities of hearing on lune 6, 1991, re petition of Robert E. Wilson for permission to provide pay tele- phone service. (Docket No. 0661).

Notice was received from the Department of Public Utilities of hearing on June 10, 1991, re Value- Added Communications, Inc. (Docket No. 0662).

Severally placed on file.

COMMUNICATION TRANSMITTING BRA FILING RE 121A PROJECT (DOCKET NO. 0663)

Communication was received from the City Clerk of the filing by the Boston Redevelopment Authority of the "Certificate of the Vote of the Authority ap- proving and adopting the First Amendment to the Re- port and Decision on the Dudley Neighbors, Inc. Chapter 121 A Project."

Placed on file.

DECLARING WEEK OF 5/19/91 "GUN AM- NESTY WEEK" AND URGING ALL RELI- GIOUS INSTITUTIONS TO OPEN DOORS DURING THAT WEEK TO PEOPLE WISHING TO SURRENDER WEAPONS (DOCKET NO. 0664)

Coun. BOLLING offered the following:

Whereas, The City of Boston, and in particular the city's communities of color, has been plagued by an escalating level of deadly violence; and

Whereas, The weapons used in violent criminal ac- tivity have often been illegally obtained firearms; and

Whereas, One of the central components in de- creasing the tide of violence in the city's neighbor- hoods is to reduce the number of guns on the streets; and

Whereas, People who wish to unburden themselves

110

CITY COUNCIL

of a firearm need a place other than a police station to turn in their weapons; and

Whereas, Churches, Mosques, and Synagogues can serve the community as places where people can sur- render their weapons; therefore be it

Resolved, That the Boston City Council, in meet- ing assembled, hereby declares the week of Sunday, May 19, 1991 to Saturday, May 25, 1991 as Gun Amnesty Week in the City of Boston; and be it fur- ther

Resolved, That the Boston City Council urges all religious institutions in the City to open their doors during this week to people who wish to surrender their weapons.

The resolution was adopted under suspension of the rules.

COMMITTEE ON ELDERLY TO HOLD HEARING TO INVESTIGATE ALLEGATIONS OF SECOND-MORTGAGE SCAMS AGAINST EL- DERLY HOMEOWNERS, PARTICULARLY IN ROXBURY, NORTH DORCHESTER, AND MATTAPAN (DOCKET NO. 0665)

Coun. BOLLING offered the following:

Whereas, Elderly people are among the most vul- nerable members of our society; and

Whereas, The Boston Globe recently reported that an increasing number of mostly poor and elderly homeowners in Roxbury, Dorchester and Mattapan are falling victim to second mortgage scams; and

Whereas, Contractors and brokers are luring hun- dreds of elderly residents into taking out second mortgages for home improvements they cannot af- ford; and

Whereas, Elderly residents who cannot make pay- ments on these second mortgages are losing their homes to forclosure; and

Whereas, Mortgage companies are unlicensed and unregulated often resulting in exhorbitant interest rates for their customers, who usually do not have access to banking services provided by mainstream banks; therefore be it

Ordered, That the City Council's Committee on the Elderly conduct a public hearing to investigate allega- tions of second mortgage scams against elderly homeowners in the City of Boston, particularly resi- dents in the neighborhoods of Roxbury, North Dor- chester and Mattapan.

Referred to the Special Committee on the El- derly.

ments on these second mortgages are losing their homes to forclosure; and

Whereas, Mortgage companies are unlicensed and unregulated often resulting in exhorbitant interest rates for their customers, who usually do not have access to banking services provided by mainstream banks; therefore be it

Resolved, That the Boston City Council, in meet- ing assembled, urges the Attorney General of the Commonwealth of Massachusetts to investigate alle- gations of second mortgage scams against elderly homeowners in the City of Boston, particularly resi- dents in the neighborhoods of Roxbury, North Dor- chester and Mattapan.

Resolved, That the City Clerk forward a copy of this resolution to the Attorney General.

The resolution was adopted under suspension of the rules.

URGING STATE LEGISLATURE TO ADOPT LEG- ISLATION TO REGULATE MORTGAGE COMPANIES (DOCKET NO. 0667)

Coun. BOLLING offered the following:

Whereas, Elderly people are among the most vul- nerable members of our society; and

Whereas, The Boston Globe recendy reported that an increasing number of mostly poor and elderly homeowners in Roxbury, Dorchester and Mattapan are falling victim to second mortgage scams; and

Whereas, Contractors and brokers are luring hun- dreds of elderly residents into taking out second mortgages for home improvements they cannot af- ford; and

Whereas, Elderly residents who cannot make pay- ments on these second mortgages are losing their homes to forclosure; and

Whereas, Massachusetts is one of only 16 states in which mortgage companies are unlicensed and unreg- ulated, often resulting in exhorbitant interest rates for their customers, who usually do not have access to banking services provided by mainstream banks; therefore be it

Resolved, That the Boston City Council, in meet- ing assembled, urges the State Legislature to adopt legislation to regulate mortgage companies in the Commonwealth of Massachusetts; and be it further

Resolved, That the City Clerk forward a copy of this resolution to the House and Senate clerks.

The resolution was adopted under suspension of the rules.

URGING ATTORNEY GENERAL TO INVESTI- GATE ALLEGATIONS OF SECOND- MORTGAGE SCAMS AGAINST ELDERLY HOMEOWNERS (DOCKET NO. 0666)

Coun. BOLLING offered the following:

Whereas, Elderly people are among the most vul- nerable members of our society; and

Whereas, The Boston Globe recently reported that an increasing number of mostly poor and elderly homeowners in Roxbury, Dorchester and Mattapan are falling victim to second mortgage scams; and

Whereas, Contractors and brokers are luring hun- dreds of elderly residents into taking out second mortgages for home improvements they cannot af- ford; and

Whereas, Elderly residents who cannot make pay-

MEETING OF COMMITTEE OF THE WHOLE

Coun. BYRNE moved that the City Council sus- pend the rules in order to recess at 2:30 p.m. for a meeting of the Committee of the Whole to discuss a matter that is now in litigation.

The motion was carried.

RECESS

The meeting ot the Committee of the Whole having adjourned, the members reassembled in the City Council Chamber and were called to order by Presi- dent Iannella at 3:30 p.m.

MAY 8, 1991

111

REPORT ON ORDER THAT CITY COUNCIL PURSUE APPEAL FROM DECISION OF JUDGE WHITE IN SUPERIOR COURT NO. 91-2041D (DOCKET NO. 0679)

Coun. IANNELLA, on behalf of the Committee of the Whole, submitted a report recommending passage of the following:

Coun. KELLY offered the following:

Ordered, That the Boston City Council pursue an appeal from the Memorandum of Decision and Order of Judge Catherine A. White, Justice of the Superior Court dated May 3, 1991 in Superior Court Civil Action No. 91-204ID.

The report was accepted; the order was passed, yeas 12, nays 0.

Yes — Councillors Boiling, Byrne, Hennigan Ca- sey, Iannella, Kelly, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

ORDER FOR PETITION FOR SPECIAL LAW TO CANCEL EXISTING 7-DAY CLUB ALL- ALCOHOLIC BEVERAGE LICENSE HELD BY OAK SQUARE VFW POST 2022 AND IS- SUE IN PLACE THEREOF A COMMON VICTUALER, ALL-ALCOHOLIC BEVERAGE LICENSE TO THE MAURICE SULLIVAN TOWN CLUB, INC. (DOCKET NO. 0668)

Coun. McLAUGHLIN offered the following:

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section 1. Notwithstanding any limitations on the number of licenses to be issued under the provisions of provisions of section 17 of chapter 138 of the General Laws, but subject, however, to all other pro- visions of said chapter, the licensing authority in the City of Boston is hereby authorized to cancel the ex- isting seven (7) — day Club all-alcoholic beverage li- cense held by the Oak Square V.F.W., Post #2022, Incorporated, and exercised at 395 Faneuil Street in Brighton, and issue in place thereof a Common Vict- ualer, all alcoholic beverage license to the Maurice Sullivan Town Club, Incorporated, at 395 Faneuil Street, Brighton, provided, however, that such license may not be sold or transferred to any other person, organization or location.

Section 2. This act shall take effect upon passage. Passed under suspension of the rules.

SUPPORTING PASSAGE OF H.R. 1 AND EN- COURAGING UNITED STATES SENATE TO ENACT IT (DOCKET NO. 0669)

Coun. YANCEY offered the following: Whereas, the Civil Rights Act of 1991 (H.R. 1) has two principal purposes: To restore equal employ- ment opportunity law and strengthen Title VII by providing monetary damages for intentional discrimi- nation; and

Whereas, H.R. 1, makes clear it is illegal to dis- criminate against women and racial, religious, and ethnic minorities; makes clear that it is always illegal for employers to make job decisions on the basis of prejudice and guarantees, for the first time, the right for women to sue an employer for monetary dam- ages; and

Whereas, H.R. 1, restores the law as it existed for 18 years under the unanimous 1971 Griggs Supreme Court decision, which allows businesses to justify certain discriminatory practices as 'business neces- sity", unless such practices worked to disadvantage minorities and women, violating Title VII; and

Whereas, H.R. 1, prohibits all discrimination, pro- hibits racial discrimination at all stages of a contract, prohibits intentional discrimination, does not require or encourage "quotas", and will provide the same remedies for all groups; and

Whereas, The Administrative-backed substitute for the Civil Rights Act of 1991 is a retreat on civil rights, failing to provide fair remedies for minority groups victimized by intentional job bias by limiting damages that can be recovered; and

Whereas, Victims of discrimination often face emo- tional and medical injuries and are forced out of the workplace, losing all benefits and rights and denied the basic rights for equaling due every individual; Be It Therefore

Resolved, That the Boston City Council, in meet- ing assembled, supports the passage of H.R. 1, The Civil Rights Act of 1991, and encourage the mem- bers of the U.S. Senate to enact this legislation; and Be It Further

Resolved, That the Clerk of the Boston City Coun- cil send a copy of this Resolution to the President of the United States and each member of the U.S. House and Senate.

The resolution was adopted under suspension of the rules, yeas 9, nays 2:

Yeas — Councillors Boiling, Hennigan Casey, Ian- nella, McLaughlin, Menino, Salerno, Scondras, Travaglini, Yancey — 9.

Nays — Councillors Kelly, O'Neil — 2.

ORDER FOR PETITION FOR SPECIAL LAW TO AMEND CITY CHARTER TO ALLOW FILL- ING OF VACANCIES IN OFFICE FOR CITY COUNCIL (DOCKET NO. 0670)

Coun. MENINO offered the following:

Whereas, Eight years have elapsed since the incor- poration into city government of district city council and district school committee member positions; and

Whereas, There is still no procedure for filling va- cancies in district city council member positions; and

Whereas, Provision for filling a vacancy in a school committee member position has been ad- dressed in Chapter 342 of the Acts of 1983, and the Legislature is now considering a Home Rule Petition to abolish those positions; and

Whereas, The Boston City Council on May 7, 1986 approved a Home Rule Petition amending the city charter to provide for special elections to fill dis- trict vacancies; and

Whereas, Mayor Raymond L. Flynn, five months later on October 7, 1986 disapproved the order not- ing in his message "technical problems with imple- mentation which we are working on with your com- mittee chairman to resolve"; and

Whereas, No further communication having been

112

CITY COUNCIL

received, the Council on December 30, 1987 again approved a petition for a special law to fill district vacancies; and

Whereas, On October 5, 1988 a request for infor- mation regarding the status of this petition under the provisions of Section 17F of Chapter 452 of the Acts of 1948 as amended was passed by the Council; and

Whereas, Yet another election is fast approaching and neither the Home Rule Petition nor the 17F re- quest has been responded to by Mayor Raymond L. Flynn, now therefore be it

Ordered, That the attached petition for a special law be acted on as expeditiously as possible.

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section One. Chapter 452 of the Acts of 1948, as amended by Chapter 376 of the Acts of 1951 and as further amended, is hereby further amended by strik- ing Section 15 thereof, and inserting in its place the following:

Section 15. If at any time a vacancy occurs in the office of city councillor at large from any cause, the city clerk shall officially notify the city council of such vacancy. Within fifteen days after such notifica- tion, the city council shall elect as city councillor-at- large, that person, who received the next greatest number of votes at the regular municipal election for the term in which the vacancy occurs.

If there is no such person the city council shall elect a duly registered voter of the city who is eligi- ble and willing to serve.

If the city council fails to elect within said fifteen days, the mayor shall make the election. In the ab- sence of a mayor, the president of the city council shall make the election.

Section Two. Chapter 452 of the Acts of 1948, as amended by Chapter 376 of the Acts of 1951 and as further amended, is hereby amended by inserting after Section Fifteen the following:

Section 15 A. If a vacancy occurs in the office of district city councillor more than one hundred and eighty (180) days before the next municipal election is to be held, the city clerk shall officially notify the city council of such vacancy. At the first city council meeting after the notice has been read, the city coun- cil shall issue a call for a special preliminary election for the purpose for nominating candidates to fill the unexpired term in the district in which said vacancy occurs, such preliminary election to be held on a Tuesday not less than sixty-two nor more than seventy-six days after the call. The two candidates re- ceiving the greatest number of votes shall be deemed nominated and their names shall be placed on the ballot for the special municipal election which shall be held twenty-eight days following the special pre- liminary election. If such vacancy occurs one hun- dred and eighty (180) days or fewer before the next municipal election no special election shall be held.

Section Three. Chapter 452 of the Acts of 1948, as amended by Chapter 376 of 1951 and as further amended, is hereby amended by inserting after Sec- tion Sixty-four thereof, the following:

Section 64 A. A call for a special preliminary elec- tion under the provisions of Sections 15A or 19A hereof shall be in effect upon vote of the city council

not withstanding the provisions of 17D of Chapter 452 of the Acts of 1948, as amended, and certifica- tion thereof to the Boston Board of Election Commis- sioners. All such special elections shall be governed by the provisions of this Act except: (a) this subscrip- tion required by Section Fifty-five shall be done within ten days of the call; (b) no nomination petition shall be issued ten days of the call; (b) no nomina- tion petition shall be issued before the seventh day following the call; (c) the number of signatures re- quired shall be the same number as for a regular pre- liminary election; (d) nomination petitions shall be filed before five o'clock p.m. on the 15th day fol- lowing the call; (e) there shall be no withdrawal of candidates after the last day to file objections to nomination petitions; (f) certification of signatures shall be completed within two weeks of the last day filing of nomination petitions; (g) objections to nomi- nation petitions shall be filed within three business days following the certification of signatures on said nomination petitions; (h) there shall be no substitu- tions of candidates as provided in section 57B; and (i) petitions for recount shall be governed by the pro- visions of section 135 of Chapter 54 of the General Laws, except, with respect to a special preliminary election, petitions therefore shall be filed before five o'clock p.m. on the third day following the certifica- tion of such election.

Section Six. This act shall take effect upon pas- sage.

Referred to the Committee on Government Op- erations.

CALLING UPON SCHOOL COMMITTEE TO RE- FRAIN FROM SELECTING OR EXECUTING A LONG-TERM CONTRACT WITH A NEW SCHOOL SUPERINTENDENT (DOCKET NO.

0671)

Coun. IANNELLA, on behalf of the Committee of the Whole, submitted a report recommending passage of the following:

Coun. McCORMACK offered the following:

Whereas, The beleaguered Boston school system can afford nothing less than a strong, skilled and cre- ative superintendent; and

Whereas, The reputation of the Boston school com- mittee, as currently structured, is so poor that many top quality candidates have not sought the Boston su- perintendent's position; and

Whereas, A home rule petition for a special law to replace the current school committee with an ap- pointed committee was adopted by the city council and the mayor and is pending at the State House; and

Whereas, Many top quality candidates for superin- dent would, no doubt, be interested in the Boston po- sition if a new school committee structure were adopted; and

Whereas, To allow the currently structured school committee to execute a long term contract with a su- perintendent who will, in all probability, serve only for a few months under that committee would be un- wise, therefore be it

Resolved, That the Boston City Council urges the members of the Boston School Committee to reserve the task of hiring a permanent superintendent of schools for the new appointed school committee that is expected to be created by pending home rule legis- lation; and be it further

Resolved, That the Boston School Committee is

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urged to refrain from selecting a superintendent at this time or, in the alternative, is encouraged to exe- cute a short-term contract with a new superintendent to serve only until a new, appointed committee has the opportunity to make its own selection.

On point of order raised by Coun. Scondras, the resolution was removed from the Agenda under Rule 24, Coun. McCormack being absent when the matter was called.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that four late filed matters in the hands of the City Clerk be added to the the Agenda.

The motion was carried.

The four matters were added to the Agenda to be individually considered.

COMMITTEE ON COMMERCE AND TRANS- PORTATION TO HOLD HEARING TO IN- VESTIGATE STEPS TO BE TAKEN TO ADDRESS PRACTICES OF HOME-REPAIR AND SECOND-MORTGAGE COMPANIES (DOCKET NO. )

Coun. SALERNO offered the following:

Whereas, Recent news articles have reported that many long-term homeowners are losing their homes because they are unable to meet their monthly mort- gage payments; and

Whereas, Many of these homeowners are elderly residents from Roxbury, Dorchester, and Mattapan who are living on fixed or low incomes; and

Whereas, News articles reveal that residents be- come responsible for unreasonably large second mortgages, and receive incomplete home repairs due to questionable business practices on the part of home repair and second-mortgage companies; and

Whereas, Homeowners who have lost their homes state that false information has appeared on their loan application after they have signed it or that they have been unable to locate home repair companies who have not completed agreed upon work; and

Whereas, Massachusetts is one of a minority of states that does not regulate mortgage companies; and

Whereas, The home-improvement industry is mini- mumly regulated; and

Whereas, The City Council's Committee on Com- merce and Transportation is to concern itself "with various inspectional, regulatory and licensing activi- ties, commerce, trade, and transportation policy of the city, including promotion of fair trade, equal ac- cess, consumer education and protection . . ." there- fore be it

Ordered, That the Committee on Commerce and Transportation hold a public hearing to investigate what steps the City of Boston can take to address the business practices of home-repair and second- mortgage companies.

Referred to the Committee on Commerce and Transportation.

Report on Docket No. 0559, message of the Mayor and order approving an appropriation of $374,000,000 for the School Department for FY92 (referred April 10) recommending passage of the or- der.

The report was accepted.

Coun. KELLY moved that Docket No. 0559 be amended by reducing the appropriation by $124,000,000, from $374,000,000 for the School Department for Fiscal year 1992 to $250,000,000.

The motion was not carried, yeas 2, nays 10:

Yeas — Councillors Kelly, O'Neil — 2.

Nays — Councillors Boiling, Byrne, Hennigan Ca- sey, Iannella, McLaughlin, Menino, Salemo, Scon- dras, Travaglini, Yancey — 10.

The order was passed.

Councillors Kelly and Yancey requested that they be recorded in the negative on the foregoing vote.

ORDER FOR PETITION FOR SPECIAL LAW AMENDING CHAPTER 231 OF ACTS OF 1906 (DOCKET NO. )

Coun. MENINO offered the following:

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Chapter 231 of the Acts of 1906, as most recently amended by Section 1 of Chapter 613 of the acts of 1987, is further amended by striking the first two sentences of section ID and inserting the following:

The mayor shall submit to the school committee and the superintendent of schools estimates of the revenues available for school purposes for the forth- coming year, not later than the fourth Wednesday in January of each fiscal year. The superintendent of schools shall submit to the school committee for ap- proval an annual budget of the school department, the total of which may not exceed the proposed avail- able revenues submitted by the mayor, no later than the first Wednesday in February prior to the begin- ning of such fiscal year. The school committee may adopt, reject, reduce or increase any item in the rec- ommended budget provided, however, that the school committee cannot increase the total budget without additional funds being made available by the mayor. If the school committee fails to take definite action on the annual budget on or before the fourth Wednes- day in March of each year, the annual budget as rec- ommended by the superintendent shall be deemed ap- proved as if formally approved by the school committee.

Referred to the Committee on Government Op- erations.

STATEMENT OF COUNCILLOR MENINO

REPORT ON ORDER APPROVING APPROPRIA- TION OF $374,000,000 FOR SCHOOL DE- PARTMENT FOR FY92 (DOCKET NO. 0559)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Having received unanimous consent to do so. Councillor Menino said that three weeks ago this City Council passed a resolution to send to the ad- ministration which refers to a plan which gives every City employee a pay raise, not a big one, but a pay raise. It also saves money for the City of Boston.

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The administration has not acted on this resolution, and Councillor Menino just wonders why they have not acted on something that gives the City workers a slight increase in pay and also saves the City of Boston some financial resources.

REPORT ON COMMUNICATION FROM CITY CLERK TRANSMITTING COMMUNICATION FROM BOSTON LANDMARKS COMMISSION FOR ACTION ON DESIGNATION OF 39 AND 41 PRINCETON STREET, EAST BOSTON, AS ARCHITECTURAL CONSERVATION DIS- TRICT (DOCKET NO. 0585)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0585, communication from the City Clerk transmitting communication from the Boston Landmarks Commission for action by the City Council on the designation of 39 and 41 Prince- ton Street, East Boston, as an Architectural Conser- vation District (referred April 24) recommending the designation be approved.

The report was accepted; the designation was ap- proved.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Hennigan Casey: James D. Leonard (Docket No. 0672).

Councillor Kelly, for all the Councillors: Leo J. Egan (Docket No. 0673).

Councillor Menino: Rose Marks (Docket No. 0674).

Councillor Yancey: Gordon Gaul (Docket No. 0675); Kenneth I. Guscott (Docket No. 0676).

Councillor Salerno: Tim Cross (Docket No. 0677); recognizing 200th anniversary of constitution of Po- land (Docket No. 0678).

The maters contained within the Consent Agenda were severally adopted.

NEXT MEETING

Coun. YANCEY moved that when the Council ad- journ today it be to meet again on Wednesday, May 22, 1991, at 1 p.m.

The motion was carried.

Adjourned at 4:30 p.m., on motion of Councillor Yancey, to meet on Wednesday, May 22, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, May 22, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all members present.

INVOCATION

Reverend Carl Scovel of King's Chapel, Boston, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor Mc- CORMACK who welcomed to the Council Boston high school students, in City Hall to participate in "Law Day at the Law Department," and presented them with a citation from the Boston City Council.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor YAN- CEY who welcomed to the Council several residents of Israel and congratulated them on their successful completion of their Master's Degree studies in Public Administration at Harvard University.

ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND YEAR XVII CDBG FUNDS NOT TO EXCEED $19,192,000 AND FY 1991 RENTAL REHABILITATION PROGRAM FUNDS NOT TO EXCEED $546,000 (DOCKET No. 0682)

The following was received:

City of Boston Office of the Mayor

May 17, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order au- thorizing the City of Boston to accept and expend Year XVII Community Development Block Grant funds in an amount not to exceed Nineteen Million One Hundred Ninety-two Thousand Dollars ($19,192,000) and fiscal year 1991 Rental Rehabilita- tion Program funds in an amount not to exceed Five Hundred Forty-six Thousand Dollars ($546,000) awarded by the U.S. Department of Housing and Ur- ban Development (HUD) under the Housing and Community Development Act of 1974 (PL. 93-383, as amended) and Section 17 of the Housing and Community Development Act of 1937 (PL. 93-383,

as amended), respectively, and appropriated for under the fiscal year 1990 HUD — Independent Agencies Appropriations Act (PL. 101-507).

I urge your Honorable Body to pass this order as soon as possible so that the City of Boston may ac- cept the funds expeditiously and expend them for the purposes for which granted.

Sincerely,

Raymond L. Flynn, Mayor.

Whereas, The Housing and Community Develop- ment Act of 1974, as amended, and Section 17 of the Housing and Community Development Act of 1937, as amended, contain provisions authorizing the U.S. Department of Housing and Urban Development (HUD) to make grants to units of general local gov- ernment under the Community Development Block Grant (CDBG) Program and the Rental Rehabilitation Program, respectively; and

Whereas, Funds in the amount of $3.2 billion have been appropriated for the CDBG programs through the fiscal year 1991 Department of Housing and Ur- ban Development Program — Independent Agencies Appropriations Act (PL. 101-507) for community de- velopment activities directed toward neighborhood re- vitalization, economic development, and improved fa- cilities and services; and

Whereas, Funds in the amount of $70 million have been appropriated for the Rental Rehab program through the fiscal year 1991 Department of Housing and Urban Development — Independent Agencies Appropriations Act (PL. 101-507) for rental housing rehabilitation, including correcting substandard condi- tions and making essential improvements; and

Whereas, The City of Boston is submitting to HUD a statement of community development objec- tives for a Community Development Block Grant not to exceed $19,192,000 and apply to HUD for a Rental Rehab grant not to exceed $546,000 under the provisions of die Appropriations Act; and

Whereas, The Public Facilities Department will ad- minister the proposed CDBG and Rental Rehab funds; now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to ac- cept Year XVII Community Development Block Grant funds in an amount not to exceed Nineteen Million One Hundred and Ninety-two Thousand Dol- lars ($19,192,000) awarded by the U.S. Department of Housing and Urban Development under the Hous- ing and Community Development Act of 1974 (PL. 93-383, as amended) consistent with the City of Boston Final Statement of Community Development Objectives and, in connection therewith, to execute and deliver such documents as may be required by the federal government and, in accordance with M.G.L. c. 44, s. 53A, to expend said funds for the purposes for which granted; and be it further

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to ac- cept fiscal year 1991 Rental Rehabilitation Program funds in an amount not to exceed Five Hundred Forty-six Thousand Dollars ($546,000) awarded by the U.S. Department of Housing and Urban Develop- ment under Section 17 of the Housing and Commu- nity Development Act of 1937 (PL. 93-383, as amended) and, in connection therewith, to execute and deliver such documents as may be required by the federal government and, in accordance with M.G.L. c. 44, s. 53A, to expend said funds for the purpose for which granted.

Referred to the Committee on Post Audit and Oversight.

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ORDER AUTHORIZING BORROWING NOT TO EXCEED $20,000,000 AND ISSUANCE OF REFUNDING BONDS (DOCKET No. 0683)

The following was received:

City of Boston Office of the Mayor

May 20, 1991. To the City Council. Dear Councillors:

I hereby submit an order authorizing the borrowing of funds and the issuance of refunding bonds. The amount of this authorization shall not exceed $20 million.

This action is being requested due to the current favorable conditions in the municipal bond market. These conditions make it possible for the City to re- alize significant debt service savings on a portion of its outstanding debt.

I recommend that you adopt this order promptly as the savings associated with a refinding bond issue are linked to current bond market conditions. Sincerely,

Raymond L. Flynn, Mayor.

Whereas, due to current favorable conditions in the municipal bond market, the City could realize signifi- cant savings in debt service costs by refunding cer- tain of its outstanding general obligation bonds; and

Whereas, Section 13 of Chapter 643 of the Acts of 1983 of The Commonwealth of Massachusetts (the "Act") allows the City to issue refunding bonds when authorized by a two-thirds vote of the City Council; and

Whereas, it is likely that the City will need to en- ter into a refunding trust to effectuate such refunding; and

Whereas, Section 9 of the Act allows the City to enter into a trust agreement when authorized by a two-thirds vote of the City Council; and

Whereas, the viability of, and debt service savings associated with, a refunding bond issue are extremely sensitive to bond market conditions and, therefore, prompt approval by the City Council is critical;

Now, Therefore, Be It Ordered That:'

1. Pursuant to the provisions of Section 13 of the Act, the Collector-Treasurer, with the approval of the Mayor, is hereby authorized to borrow such amounts as may be necessary, not to exceed $20,000,000, and issue refunding bonds, the proceeds of which and earnings thereon shall be used to pay such portion of the outstanding bonds of the City as the Collector- Treasurer, with the approval of the Mayor, may se- lect, at maturity or upon redemption prior to matu- rity, together with interest and premium, if any, thereon and related expenses.

2. Pursuant to the provisions of Section 9 of the Act, the Collector-Treasurer and the City Auditor be, and hereby are, authorized to execute and deliver, on behalf of the City, with the approval of the Mayor, a refunding trust agreement in such form as determined by the Collector-Treasurer and the City Auditor with The Approval of the Mayor.

Referred to the Committee of the Whole.

BAN MASS TRANSIT ADMINISTRATION VIA MBTA (DOCKET No. 0684)

The following was received:

City of Boston Office of the Mayor

May 17, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order that authorizes the City of Boston to accept and expend a grant of two hundred and twenty thousand dollars ($220,000) from the United States Urban Mass Tran- sit Administration, by way of the MBTA, for the purpose of facilitating the development of Transporta- tion Management Associations in the City to work towards increasing the use of mass transit, carpooling and vanpooling.

I urge your Honorable Body to pass this order as soon as possible so that the City can receive and ex- pend the funds expeditiously.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the City of Boston, acting by and through its Transportation Commissioner, be, and hereby is authorized, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws, to accept and expend a grant in the amount of two hun- dred and twenty thousand dollars ($220,000) from the United States Urban Mass Transit Administration, by way of the MBTA, for the purpose of facilitating the development of Transportation Management Asso- ciations in the City to work towards increasing the use of mass transit, carpooling and vanpooling.

Referred to the Committee on Commerce and Transportation.

ORDER AUTHORIZING COMMISSIONER OF TRANSPORTATION TO ACCEPT AND EX- PEND GRANT OF $220,000 FROM U.S. UR-

SUPPLEMENTAL APPROPRIATION OF

$4,000,000 FOR SCHOOL DEPARTMENT (DOCKET No. 0685)

The following was received:

City of Boston Office of the Mayor

May 16, 1991. To the City Council. Dear Councillors:

I am hereby resubmitting for your consideration a FY91 supplemental appropriation for the Boston School Department for $4 million. If approved, this amount will increase the total current spending for the Boston School Department, which includes fund- ing from the city, the state and the federal govern- ment, to approximately $440 million, which averages about $8,000 per pupil. This supplemental budget in- creases the FY91 appropriation for the Boston School Department from $385 million to $389 million, and represents a funding increase of $14.6 million more than was spent by the School Department last fiscal year. Since FY85, I have recommended and City Council has approved funding increases for the school system totalling $140 million. In addition, the City has also committed $165 million in its capital budget toward physical improvements of school build- ings. In terms of resources granted to the Boston School Department versus the rest of city govern- ment, it is instructive to note that from January 1, 1984 until January 1, 1991, City and County staffing has decreased by 37 employees; staffing for the

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Boston School Department has increased by 604 em- ployees.

It is now more than ten months into the current fis- cal year. With your approval of this proposed order, we can place the funding issues surrounding the FY91 budget behind us. However, the chronic over- spending, the failure to deal with fiscal reality and the inability to make tough decisions on the part of the Boston School Committee causes concern for the future of the children in the school system and does not bode well for FY92. The fiscal prospects for the upcoming year are grim, and we do not have the lux- ury of delay in dealing with both the City's and Boston School Department's budget issues. The Boston School Committee's inability to control spend- ing could very likely cause the City of Boston to run a deficit in FY92, a situation which the people of Boston will not tolerate. My concern is not based upon supposition, but on historic facts. The Boston School Department has overspent its appropriation six years in a row and the fiscal conditions set forth in the January 14, 1991 letter dealing with FY92 have not been addressed.

It is my desire to work cooperatively with the Boston School Department in improving the quality of education and coping with difficult financial times. My goal is to improve education for all our children. Cooperation, though, depends upon a willingness on the part of the School Committee to accept the fact that we are in a difficult financial period. The School Committee must recognize its obligation to live within its appropriated budget. Virtually every de- partment of the City of Boston will be asked to take a budget cut next year (for most this is the third year in a row of cuts) and it is imperative that the School Committee recognize that a modest operating budget reduction for FY92 needs to occur. Failure to do so runs the risk of placing the City in financial chaos.

In the spirit of resolving the FY91 school budget deficit in a constructive manner, I recommend pas- sage of this supplemental budget. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That in addition to the appropriation heretofore made, and pursuant to the provisions of Chapter 224 of the Acts of 1936, as amended by Chapter 190 of the Acts of 1982, and as further amended by Chapter 701 of the Acts of 1986 and Chapter 613 of the Acts of 1987, and to meet the current operating expenses of the School Department in the fiscal period commencing July 1, 1990 and ending June 30, 1991, the sum of four million dol- lars ($4,000,000) be, and the same hereby is appro- priated, said sum to be met from available funds:

School Department, $4,000,000.

Referred to the Committee on Ways and Means.

ORDER FOR PETITION FOR SPECIAL LAW PROVIDING FOR LICENSING BOARD TO BE APPOINTED BY MAYOR (DOCKET No. 0686)

The following was received:

City of Boston Office of the Mayor

May 7, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule petition for the establishment of a three-member li-

censing board that will exercise the consolidated li- censing powers of the present licensing board as well as the present licensing division of the Mayor's Of- fice of Consumer Affairs and Licensing.

This proposed consolidation is an organizational change allowing for improved efficiencies for the City and for business establishments which are cur- rently subject to the licensing requirements of the two agencies.

I urge your Honorable Body to pass this home rule petition as expeditiously as possible in order that this consolidation may take place before the next cycle of licensing begins.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only:

Section 1. Chapter 291 of the acts of 1906 is hereby amended by striking out sections 1, 2, 3, 4, 5, and 6, as amended, and inserting in place thereof the following sections:

Section 1 . There shall be in the city of Boston a li- censing board consisting of three citizens thereof ap- pointed by the mayor. Said citizens shall have resided in said city for at least two years immediately pre- ceding the date of their appointment, shall remain residents thereof during their tenure, and shall be sworn to the faithful performance of the duties of their office before entering on the same.

Such board members shall not be in the employ of any person or corporation engaged in the manufac- ture or sale of alcoholic beverages, or in any way, di- rectly or indirectly, financially interested in the man- ufacture or sale of alcoholic beverages, or in any business which requires a license to be issued by said board.

One member of said board shall be designed by the mayor as chair and two members shall constitute a quorum. Their terms of office shall be so arranged and designated at the time of appointment that the term of one member shall expire on April 30, 1992, of another on April 30. 1994, and of the third on April 30, 1996. Upon the expiration of the term of any member of said board, the mayor shall appoint his successor for the term of six years. Members of said board shall, unless sooner removed, continue af- ter the expiration of his term to hold his office until his successor is appointed and qualified. Vacancies in the board shall be filled by the mayor for the unex- pired term. The members of said board may be re- moved by the mayor for such cause as he shall deem sufficient. Such cause shall be stated in the order of removal.

There shall be an excutive director appointed by the mayor who shall be exempt from the civil service law, who shall be sworn to the faithful performance of the duties of the office of executive director before entering on the same, and who shall keep a record of all proceedings, issue all notices and attest such pa- pers and orders as said board shall direct. Said exec- utive director shall have the powers of a department head except for those powers explicitly conveyed to the board by this act. The executive director's term

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of office shall expire on April 30, 1996. Upon the expiration of the term of the executive director, the mayor shall appoint his successor for the term of six years. A vacancy in the office of executive director shall be filled by the mayor for the unexpired term. The executive director may be removed by the mayor for such cause as he shall deem sufficient. Such cause shall be stated in the order of removal.

Section 2. The salary of the chair, of the other members of the board, and of the executive director shall be set by the mayor.

Section 3. The executive director may employ such employees as he may deem necessary, subject to the availability of appropriation therefor.

Section 4. Except as otherwise provided by sec- tions 1, 2, and 3 herein, said board shall have the following powers and duties. Said board shall exclu- sively exercise in said city all the powers and per- form all the duties conferred or imposed on licensing boards by chapter 138 of the General Laws, as amended, relative to alcoholic beverages; and by chapter 140 of the General Laws, as amended, rela- tive to innholders and common victualers.

Said board shall also exclusively exercise all the powers and perform all the duties now conferred or imposed by law upon the licensing board of the city of Boston.

Said board shall also exclusively exercise, except as otherwise provided herein, all the powers and per- form all the duties now conferred or imposed by law upon the mayor of the city of Boston by chapter 494 of the acts of 1908, as amended, relative to entertain- ment licensing, being those powers and duties exer- cised immediately prior to the taking effect of this act by the licensing division of the mayor's office of consumer affairs and licensing.

Said board shall also exercise all the powers and perform all the duties which may be imposed on it from time to time by general or special law.

All licenses issued by said board shall be signed by a majority of the members thereof and shall be re- corded in the office of said board, and all fees for said licenses shall be paid into the treasury of said city.

Section 5. Said board shall annually in the month of December make a report to the mayor in such form and manner as he shall require.

All records of said board shall at all times be open to the inspection of the mayor and of such persons as may be designated by the mayor.

Section 6. Said board shall notify the police com- missioner of said city of the name of each applicant for a license, the name of each person to whom a li- cense is issued, the date when each license goes into effect, the kind or class of the license, every change of location or place of business for the exercise of such license, and every transfer of a license ordered by the board.

Section 2. Upon the appointment and qualification of the board established by this act, the governor- appointed licensing board in existence immediately prior to such appointment and qualification shall be abolished. All the powers and duties of said governor-appointed licensing board shall thereupon be transferred to the board established by this act, and said governor-appointed licensing board's rules and regulations in force immediately prior to such trans- fer shall continue in force until otherwise ordered by the board established by this act. The term of office of any incumbent member of said governor-appointed licensing board shall terminate upon the qualification of the board members initially appointed by the mayor pursuant to the provisions of this act and, in

the case of the secretary, upon the qualification of the executive director initially appointed by the mayor as provided herein. Upon the appointment and qualifica- tion of the board established by this act, said governor-appointed licensing board shall forthwith deliver all materials, property, books, records and papers in its custody to said board established by this act.

Upon the appointment and qualification of the board established by this act, all the powers and du- ties of the licensing division of the mayor's office of consumer affairs and licensing shall be transferred to the board established by this act, and said division's rules and regulations in force immediately prior to such transfer shall continue in force until otherwise ordered by the board established by this act. Upon the appointment and qualification of the board estab- lished by this act, said licensing division shall forth- with deliver all books, records and papers in its cus- tody to said board established by this act.

Section 3. Licenses issued by the governor- appointed licensing board and licenses issued by the licensing division of the mayor's office of consumer affairs and licensing shall remain in effect in accord- ance with the terms thereof and until the expiration date set therein. Upon the appointment and qualifica- tion of the board established by this act, all such li- censes shall be issued by the board established by this act.

Section 4. For the purpose of chapter 268 A of the General Laws, the members of the board shall be deemed to be special municipal employees.

Section 5. This act shall take effect upon its pas- sage. Referred to the Committee of the Whole.

ORDER FOR PETITION FOR SPECIAL LAW TO ALLOW USE OF DUPLICATE BLANK NOMI- NATION PETION SHEETS IN CITY ELEC- TION (DOCKET No. 0687)

The following was received:

City of Boston Office of the Mayor

May 21, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule petition amending chapter 452 of the acts of 1948. Because of a recent change in state law, this pro- posed amendment is necessary to standardize the re- quirements and reduce the costs of printing nomina- tion petition sheets in municipal elections.

Chapter 452, in its present form, strictly limits the number of nomination petition sheets which the elec- tion commission may issue to candidates for munici- pal offices. It also prohibits candidates from using copies.

A recent state law change, which the Secretary of State says is applicable to Boston, limits the size of blank nomination petition to eight and one half by fourteen inches. Based upon the new size-reduction requirement, the number of signature lines available on each sheet will be considerably reduced and, therefore, since candidates must use originals and since the election commision is limited by present law in the number of petitions it may give out, mu- nicipal candidates will be unable to collect the num- ber of signatures necessary to get placed on the bal- lot.

The proposed home rule petition would address this

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problem by permitting municipal candidates to use blank duplicate nomination petition sheets.

I urge your Honorable Body to pass this home rule petition as expeditiously as possibly. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only:

Section 1. Section 55A of chapter 452 of the acts of 1948, as appearing in section 4 of chapter 342 of the acts of 1983, is hereby amended by striking out the last paragraph, and inserting in place thereof the following paragraph;

Every nomination petition sheet shall, before issu- ance, be prepared by the election commission by printing or inserting thereon the matter required by the first two paragraphs of the foregoing form. In no case shall any candidate for nomination to the office of mayor under Plan A, city councillor-at-large, school committeemember-at-large, district city coun- cillor or district school committeemember be prohib- ited from making exact copies of nomination petition sheets prepared by the election commission for the purpose of collecting signatures for nomination. No nomination petition sheet shall be received or be valid unless prepared and issued by the election com- mission or unless it is an exact copy of such nomina- tion petition sheet; nor shall any such sheet be re- ceived or be valid unless the written acceptance of the candidate thereby nominated is endorsed thereon, anything in section three A of chapter fifty of the General Laws to the contrary notwithstanding.

Section 2. This act shall take effect upon its pas- sage.

On motion of Coun. MENINO, the rules were sus- pended; the order was passsed.

ORDER FOR CONFIRMATION OF APPOINT- MENT OF CONSTABLES (DOCKET NO. 0688)

The following was received:

City of Boston Office of the Mayor

May 21, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the persons named on the enclosed order as Constables of the City of Boston, authorized to serve civil process upon filing of bond, for the period commencing May 1, 1991 and ending April 30, 1992.

Sincerely,

Raymond L. Flynn, Mayor. Ordered: That the appointment of the following- named persons as Constables of the City of Boston for the period commencing May 1, 1991 and ending April 30, 1992, be, and hereby is confirmed.

Abdalah, Ernest, 315 Temple St., West Roxbury.

Adjemian, George, 70 Peter Parley Rd., Jamaica Plain.

Ahmad, Herman, 6 Don Street, Dorchester.

Allston, Carroll, 72 Waumbeck St., Dorchester.

Avellino, Frank, 75 Central Ave., Hyde Park.

Avellino, James, 75 Central Ave., Hyde Park.

Aylward, Christopher, 35 Mt. Vernon St., Dorches- ter.

Bacote, Ralph, 96 Ruthven St., Dorchester.

Bagley, Gerald, 50 Mansur St., Roslindale.

Barker, John, 17 Riley Road, Hyde Park.

Bialal, Idris, 27 Pasadena Road, Dorchester.

Bichekas, James, 314 Beech St., Roslindale.

Blake, Sandn, 4 Cleveland St., Roxbury.

Brennan, James, 124 O'Callaghan Way, South Boston.

Brennan, Richard, 124 O'Callaghan Way, South Boston.

Broderick, Joseph, 126 Brayton Rd., Brighton.

Brooks, Edward, 139 Spencer St., Dorchester.

Brooks, Rodney, 28 Floyd St., Dorchester.

Brown, Thomas, 30 O'Connell Rd., Dorchester.

Burke, James, 36 Nahant Ave., Dorchester.

Burns, Paul, 115 Alabama St., Mattapan.

Butler, Joseph, 38 Casper St., West Roxbury.

Cammarata, John, 29 Charter St., Boston.

Capobinco, Deborah, 707 East Sixth St., South Boston.

Carbone, Vincent, 542 Commercial St., Boston.

Castagna, Russell, 783 E. Sixth St., South Boston.

Castellano, Robert, 62 Raymond St., Allston.

Christofono, Stephen, 57 Thompson St., Hyde Park.

Cigna, Ross, 175 Paris St., East Boston.

Clifford, Daniel, 140 Woodley Ave., West Roxbury.

Consolo, John, 262 E. Eagle St., East Boston.

Correia, Antonio, 660 Morton St., Mattapan.

Creed, Christopher, 174 Dana Ave., Hyde Park.

Crocke, Shawn, 45 Granville St., Dorchester.

Crockett, Charles, 5 A Green Heys St., Dorches- ter.

Curry, Allen, 49 Woodbine St., Roxbury.

DeFeo, Pasquale, 183 Marion St., East Boston.

Deraney, Richard, 130 Laurie Ave., West Roxbury.

Dolliver, James, 27 Robin St., West Roxbury.

Doniger, William, 154 Belgrade Ave., Roslindale.

Edwards, Mark, 79 Brighton Ave., Allston.

Egan, Francis, 156 Neponset Ave., Dorchester.

Fitzgerald, James, 62 Houghton St., Dorchester.

Fitzgibbons, Paul, 45 Wrentham St., Dorchester.

Floras, Constantinos, 5 Imprie Road, Allston.

Fucillo, John, 524 Metropolitan Ave., Hyde Park.

Gadowski, Edward, 28 Green St., Charlestown.

Genduso, Robert, 540 Ashmont St., Dorchester.

Gonsalves, John, 30 Regina Rd., Dorchester.

Hamelburg, Joseph, 29 Bentley St., Brighton.

Hardiman, Kevin, 24 Denton Terr., Roslindale.

Hartford, Jay, 547 East Eigth St., South Boston.

Hatchett, Samuel, 41 Edgerly Rd., Boston.

Hayes, Vincent, 68 Bradshaw St., Dorchester.

Herchenson, Jerald, 25 Shaw St., West Roxbury.

Homsy, George, 25 Spring St., West Roxbury.

Huritz, Joel, 22 Orkney Rd., Brighton.

Jackson, Cecelia, 180 B Stratton St., Dorchester.

Jodrey, Gerald, One Devonshire PI., Boston.

Jodrey, Marilyn, One Devonshire PI., Boston.

Jones, Harold, 26 Hazelwood St., Roxbury.

Jones, William, 51 Dania St., Mattapan.

Jordan, Paul, 311 Grove St., West Roxbury

Joyce, William, 195 Stimson St., West Roxbury.

Kachadorian, Richard, 37 Union St., Boston.

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Keaney, Christopher, 28 Cotton St., Roslindale.

Kelley, Christopher, 84 Church St., West Roxbury.

Kravitsky, Frank, 1553 Blue Hill Ave., Mattapan.

Lassiter, James, 14 Woodbine St., Roxbury.

Law, John, 106 Summer St., Hyde Park.

Lawlor, John, 20 Montview St., West Roxbury.

Leary, Kevin, 64 Redlands Rd., West Roxbury.

Lee man, Joseph, 71 Bolton St., South Boston.

Long, Daniel, 33 Bateman St., Roslindale.

Lopes, Michael, 87 A Grew Ave., Roslindale.

MacDonald, Frederick, 33 Vose Ave., Hyde Park.

MacFadden, Patrick, 47 Pearl St., Dorchester.

Malkofsky, Burton, 66 Glenville Ave., Brighton.

ManganeUo, Vincent, 237 Marion St., East Boston.

Manning, Robert, 97 Thompson St., Hyde Park.

Manozzi, Donald, 124 Spring St., West Roxbury.

Marchando, Joaquin, 16 Abbey Rd., Brighton.

Mayo, Francis, 518 East Eighth St., South Boston.

McCarthy, Stephen, 5 Branton St., Dorchester.

McDonald, Robert, 2197 Centre St., West Roxbury.

McGunigle, Michael, 51 Port Norfolk St., Dor- chester.

McKeen, Richard, 47 Franconia St., Dorchester.

McKenna, Thomas, 262 Reservation Rd., Hyde Park.

McLaughlin, Mark, 40 Kendall St., Boston.

McNamara, James, 9 Raymond St., Allston.

Melvin, David, 103 Standard St., Mattapan.

Messina, Robert, 707 East Sixth St., South Boston.

Neves, Lawrence, 26 Crawford St., Dorchester.

O'Brien, Edward, 3 Maryknoll St., Mattapan.

Perry, Robert, 100 G St., South Boston.

Petrie, Allan, 545 East Third St., South Boston.

O'Brien, Harold, 54 Telegraph St., South Boston.

Phoenix, Raymond, 180 B Stratton St., Dorchester.

Powers, James, 30 Teragram St., East Boston.

Reardon, Edmond, 11 Bushnell St., Dorchester.

Recupero, Paul, 193 Lexington St., East Boston.

Rihbany, William, 600 Hyde Park Ave., Roslindale.

Riley, Robert, 159 Austin St., Hyde Park.

Rodgers, James, 193 Garfield Ave., Hyde Park.

Rojas, Jose, 185 Green ^t., Jamaica Plain.

Romano, Louis, 9 Nancia St., East Boston.

Roscoe, John, 4975 Washington St., West Roxbury.

Rudack, Charles, 880 E. Broadway, South Boston.

Santiago, Vidal, 700 Parker St., Roxbury.

Santry, Thomas, 114 Richmond St., Dorchester.

Scaduto, Mario, 66 Webster St., East Boston.

Schifone, John, 43 Eastwood Circuit, West Roxbury.

Scopa, Robert, 164 Chelsea St., East Boston.

Senior, Robert, 40 Mayfield St., Dorchester.

Shalmalian, William, 803 East Fourth St., South Boston.

Sherer, Charles, 110 Lonsdale St., Dorchester.

Smith, Arthur, 9 Jamaica Way Ct., Jamaica Plain.

Smith, James, 11 Say ward St., Dorchester.

Sonego, Richard, 15 Seaview Ave., East Boston.

Statsky, Frank, 465 East Eighth St., South Boston.

Sullivan, John, 1 C Lorenzo St., Dorchester.

Sullivan, Robert, 36 Nahant Ave., Dorchester.

Suozzo, Wilfred, 196 Leyden St., East Boston.

Sylvester, Frank, 141 Ormond St., Mattapan.

Taylor, John, 90 Lorna Rd., Mattapan.

Thall, Lawrence, 165 Chiswick Rd., Brighton.

Thompson, Jimmy, 225 Fuller St., Dorchester.

Trezzi, John, 11 Aldrich St., Roslindale.

Tranquillino, Albert, 112 Prince St., Boston.

Vickers, Williams, 20 Wyoming St., Dorchester.

Wakem, Richard, 945 South St., Roslindale.

Weisman, Marcia, 130 Nonantum St., Brighton.

White, Es Tralla, 70 Favre St., Mattapan.

Wigon, Elija, 722 La Grange St., West Roxbury.

Wigon, James, 722 La Grange St., West Roxbury.

Williams, Albert, 9 Rockwell St., Dorchester.

Witten, Bernard, 18 Parkside Dr., Jamaica Plain.

Yacker, Louis, 4975 Washington St., West Roxbury.

Kitas, Thomas, 37 Cedrus Ave., Roslindale.

Referred to the Committee on Government Op- erations.

CERTAIN INFORMATION UNDER SECTION 17F RE FORFEITED ASSETS (DOCKET NO. 0689)

The following was received:

City of Boston Office of the Mayor

May 21, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on March 27, 1991, regarding forfeited assets, please find the attached re- sponse.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

CERTAIN INFORMATION UNDER SECTION 17F RE COMPLAINTS AGAINST POLICE OFFI- CERS (DOCKET NO. 0690)

The following was received:

City of Boston Office of the Mayor

May 21, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on March 27, 1991, regarding complaints against Police Officers, please find the attached response.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

CERTAIN INFORMATION UNDER SECTION 17F RE POLICE CADET EXAM (DOCKET NO. 0691)

The following was received:

City of Boston Office of the Mayor

May 21, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on April 10, 1991, regarding the Police Cadet Exam, please find the at- tached response.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

MAY 22, 1991

121

CRIME STATISTICS FOR PERIOD, 4/6/91 THROUGH 4/12/91 (DOCKET NO. 0692)

The following was received:

City of Boston Office of the Mayor

May 21, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing April 6, 1991 and ending April 12, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD, 4/20/91 THROUGH 4/26/91 (DOCKET NO. 0692)

The following was received:

City of Boston Office of the Mayor

May 21, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing April 20, 1991 and end- ing April 26, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

COMMUNICATION FROM CITY CLERK RE FIL- ING BY BRA OF CERTIFICATE OF VOTE OF AUTHORITY RE BACK BAY MANOR CHAP- TER 121 A PROJECT (DOCKET NO. 0697)

Communication was received from the City Clerk of the filing by the Boston Redevelopment Authority of the "Certificate of the Vote of the Authority ap- proving and adopting the Third Amendment to the Report and Decision on the Back Bay Manor Chapter 121A Project."

Placed on file.

EVIRONMENTAL NOTIFICATION FORMS (DOCKET NO. 0698)

Communication was received from Jane Chmielinski, Environmental Coordinator, MBTA, re: Environmental Notification Forms (ENF) MBTA Quincy Bus Garage and Quincy Pump Station.

Placed on file.

A.

NOTICES OF HEARINGS FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0699 AND 0700)

Notice was received from the Department of Public Utilities of a hearing on June 11, 1991, re Massachu- setts Electric Company.

Notice was received from the Department of Public Utilities of a hearing on June 20, 1991, re Temple- ton, Inc.

Severally placed on file.

CRIME STATISTICS FOR PERIOD, 4/27/91 THROUGH 5/3/91 (DOCKET NO. 0694)

The following was received:

City of Boston Office of the Mayor

May 21, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing April 27, 1991 and end- ing May 3, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

NOTICES FROM CITY CLERK (DOCKET NOS. 0695 AND 0696)

Notices were received from the City Clerk in ac- cordance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the pa- pers acted upon by the City Council at its meetings of 4/24/91 and 5/1/91.

Severally placed on file.

COMMUNICATION FROM CORPORATION COUNSEL (DOCKET NO. 0701)

Communication was received from Joseph I. Mulli- gan, Corporation Counsel, re: David Hogarth v. Suf- folk County Personnel Board, et al.

Placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0702)

Notice was received from the Department of Public Utilities of a hearing on June 13, 1991, re New En- gland Telephone and Telegraph Company.

Placed on file.

REPORT ON PETITION OF DEACON TRANS- PORTATION, INC. d/b/a OLD TOWN TROL- LEY TOURS OF BOSTON FOR LICENSE TO OPERATE MOTOR VEHICLES FOR HIRE OVER CERTAIN STREETS IN BOSTON (DOCKET NO. 0417)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the fol- lowing:

Report on Docket No. 0417, petition of Deacon Transportation, Inc. d/b/a Old Town Trolley Tours of Boston for license to operate motor vehicles for hire

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over certain streets in Boston (referred March 27) recommending the petition be granted.

The report was accepted; the petition was granted.

REPORT ON ORDER AUTHORIZING MAYOR SUBMIT TO HUD A STATEMENT OF COM- MUNITY DEVELOPMENT OBJECTIVES FOR YEAR XVII CDBG FUNDS OF $19,192,000 AND APPLY FOR FY91 RENTAL REHABILI- TATION PROGRAM FUNDS OF $556,000 (DOCKET NO. 0573)

Coun. BOLLING, on behalf of the Committee on Post Audit and Oversight, submitted the following:

Report on Docket No. 0573, message of the Mayor and order authorizing the Mayor to submit to the United States Department of Housing and Urban De- velopment a Statement of Community Development Objectives for Year XVII Community Development Block Grant funds of $19,192,000 and to apply for Fiscal Year 1991 Rental Rehabilitation Program funds of $556,000 (referred April 24) recommending pas- sage of the order.

The report was accepted; the order was passed.

STATEMENT OF COUNCILLOR MENINO

Having received unanimous consent to do so, Councillor Menino said he would just like to remind the administration that weeks ago the City Council passed a measure which gives City employees a slight pay raise while saving the City additional money in Medicaid payments.

ORDER REQUESTING CERTAIN INFORMATION UNDER SECTION 17F RE PHOTOCOPYING SERVICES (DOCKET NO. 0703)

Coun. BYRNE offered the following:

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1. How much did the City of Boston expend on outside contracts for photocopying services in FY 1990 and FY 1991?

2. Kindly list each contractor which provided pho- tocopying services to the City of Boston in FY 1990 and FY 1991 and the total amount paid by the City of Boston to said contractors.

Passed under suspension of the rules.

CALLING ON CONGRESS TO ENACT COMPRE- HENSIVE NATIONAL HEALTH CARE RE- FORM PROGRAM (DOCKET NO. 0704)

Couns. SALERNO, BOLLING, HENNIGAN CA- SEY, Mclaughlin, menino, cneil, scon-

DRAS, TRAVAGLINI, and YANCEY offered the fol- lowing: Whereas, The American health care system is at a

crossroad and coverage to working Americans and their families is collasping; and

Whereas, Thirty-seven million Americans have no health insurance and more than twenty million of those are full-time workers and their family mem- bers; and

Whereas, Forty to fifty million working Americans have such inadequate insurance that one serious ill- ness means financial ruin; and

Whereas, Despite spending 11.5% of the national's GNP on health care, the US ranks behind Canada, Japan, Great Britain, Sweden, and Germany in infant mortality and life expectancy; and

Whereas, Nearly 25% of United States health ex- penditures go towards wasteful or inappropriate medi- cal procedures; and

Whereas, Health care costs are the number one cause of labor strikes as unions fight for their mem- bers against health benefit takeaway s; therefore be it

Resolved, That the Boston City Council, in meet- ing assembled, calls on the U.S. Congress to enact a comprehensive national health care reform program that embodies the AFL-CIO's ten principles;

— Universality that ensures that health care is a right for all Americans;

— Public Accountability;

— Affordability and Accessibility

— Comprehensiveness

— Equitable and Progress Financing

— Fairness

— Portability

— Cost Containment

— Quality Assurance and be it further:

Resolved, That the Boston City Council, in meet- ing assembled, declares June 6, 1991 as National Health Care Action Day in the City to highlight and dramatize the need for a solution to American's health care crisis.

The resolution was adopted under suspension of the rules.

ORDER FOR PETITION FOR SPECIAL LAW TO PROVIDE THAT CERTAIN SERVICE BY JOSEPH DRISCOLL SHALL BE DEEMED CREDITABLE SERVICE FOR RETIREMENT PURPOSES (DOCKET NO. 0705)

Coun. McCORMACK offered the following: Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Notwithstanding the provisions of any general or special law or rule to the contrary, Joseph Driscoll of 40 Bogandale Road in West Roxbury, an employee of the city of Boston and a member in service of the re- tirement system of said city, shall be given full credit for retirement purposes for his prior service as a member of the Massachusetts Bay Transportation Au- thority police upon payment into the annuity fund of said retirement system of an amount equal to that which would have been withheld as regular deduc- tions from his regular deductions from his regular compensation had he been eligible for membership

MAY 22, 1991

123

and been a member of such system during such serv- ice, together with regular interest to the date of pay- ment. Passed under suspension of the rules.

ORDER RE BOSTON JOBS RESIDENCY ORDINANCE (DOCKET NO. 0706)

Coun. YANCEY offered the following:

Whereas, The Boston City Council and the Flynn Administration have repeatedly supported efforts by all the city's neighborhoods to strengthen their eco- nomic infrastructure through contracts with city agen- cies; and

Whereas, This policy of inclusion will greatly ben- efit a number of blighted communities that are in need of substantial monetary infusions and business development; and

Whereas, Compliance with the Boston Jobs Resi- dency Ordinance, requiring construction trade-by- trade employment of 50 percent Boston residents, 25 percent minorities and 10 percent women, has been anemic; and

Whereas, Numerous community-based organiza- tions in Greater Roxbury have been protesting the fact that many of their neighborhood's residents have been excluded from employment opportunities on projects in the community; therefore be it

Ordered, That the term "Boston resident," as it is found in the Boston Jobs Residency Ordinance, shall be further defined as those people who reside in the area where a construction project is taking place. In addition, those projects found out of compliance with this order and the Boston Jobs Residency Ordinance shall be subject to a mandatory moratorium until compliance issues are resolved; and be it further

Ordered, That the Boston Water and Sewer Com- mission, which is currently not bound by the Boston Jobs Residency Ordinance, be required to comply with that ordinance; and be it further

Ordered, That the Boston City Council will expedi- tiously hold a hearing on ways to maintain compli- ance on construction sites.

Referred to the Committee on the Environment and Public Works.

CALLING FOR RESPONSIBLE STATE BUDGET AND SUPPORTING FAIR TAX PACKAGE PROPOSED BY TAX EQUITY ALLIANCE OF MASSACHUSETTS (DOCKET NO. 0707)

Coun. SCONDRAS offered the following:

Whereas, The Weld administration has proposed to redefine income to include pensions and SSI pay- ments in the definition of income, thereby squeezing $27 million from those least able to pay in the Com- monwealth; and

Whereas, The Weld administration has proposed a business tax break for research and development; and

Whereas, The MBTA has proposed to raise fares of seniors and the disabled at a time when they are most vulnerable; and

Whereas, Outrageous loopholes exist in the state tax code, including the requirement that those who buy over $1,000 of gold jewelry pay no taxes on their purchase while those who purchase less than that amount must pay taxes; and

Whereas, While the federal government taxes gifts

and capital gains, there are loopholes which allow gifts and capital gains to remain untaxed in Massa- chusetts; and

Whereas, Responsible elected officials recognize that the proposed state budget will devastate the citi- zens of Massachusetts by gouging irreplaceable funds from local aid, medicaid, income maintenance, low and moderate income housing, and a long list of other essential programs, thereby terminating irre- placeable services;

Whereas, It is irresponsible to increase the cost of government borne by those who are least able to pay while reducing the cost of government borne by those with the greatest ability to pay; Now, Therefore, Be It

Resolved, That the Boston City Council, in meet- ing assembled, calls for a responsible state budget and supports the fair tax package proposed by the Tax Equity Alliance of Massachusetts.

Referred to the Committee on Ways and Means.

ORDINANCE RE: THE FAMILY PROTECTION ACT (DOCKET NO. 0455)

Coun. O'NEIL called Docket No. 0455 from the Special Committee on Equity. Having been in Com- mittee more than 42 days, the matter was before the body.

Coun. O'NEIL moved that the ordinance be re- jected.

Coun. SCONDRAS moved that the ordinance be laid on the table.

The motion to lay on the table was carried, yeas 9, nays 4:

Yeas — Councillors Boiling, Hennigan Casey, Mc- Cormack, McLaughlin, Menino, Salerno, Scondras, Travaglini, Yancey — 9.

Nays — Councillors Byrne, Iannella, Kelly, O'Neil -4.

LATE FILLED MATTERS

The Chair moved that the rules be suspended and that ten late filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The ten matters were added to the Agenda to be individually considered.

REPORT ON ORDER APPROVING SUPPLEMEN- TAL APPROPRIATION OF $4,343,682 FOR CURRENT EXPENSES OF CITY AND COUNTY OF SUFFOLK FOR FY91 (DOCKET NO. 0561)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0561, message of the Mayor and order approving a supplemental appropriation of $4,343,682 for current expenses of the City and County of Suffolk for FY91 (referred April 10) rec- ommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER APPROVING SUPPLEMEN- TAL APPROPRIATION OF $1,223,300 FOR PENAL INSTITUTIONS DEPARTMENT (DOCKET NO. 0560)

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Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 560, message of the Mayor and order approving a supplemental appropriation of $1,223,300 for the Penal Institutions Department (re- ferred April 10) recommending passage of the order.

The report was accepted; the order was passed.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0750)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 22, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, May 29, 1991:

Sandra Bisceglia, secretary, $168.00 per week, part time, 25 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0751)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 22, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednesday, May 29, 1991:

Kurt O. Sharpp, secretary, $525.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0752)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, January 2, 1991 the following-named person be, and hereby is, appointed to the position set against her name until Wednesday, June 25, 1991:

Joyce Holland, adm. asst., $833.66 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0753)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, January 2, 1991 the following-named person be, and hereby is, appointed to the position set against his name until Wednesday, June 25, 1991:

Richard Blackman, adm. asst., $480.00 per week, part time, 25 hours.

Passed under suspension of the rules.

CALLING FOR SK-MONTH MORATORIUM ON ALL FORECLOSURES IN NEIGHBORHOODS AFFECTED BY "MORTGAGE SCAM" AND REQUESTING MEETINGS BETWEEN BANKS AND RESIDENTS IN THESE AREAS (DOCKET NO. 0754)

Coun. YANCEY offered the following:

Whereas, Many residents of Dorchester, Mattapan

and Roxbury have been victimized by a mortgage lending scam that has charged them unusally high in- terest rates; and

Whereas, The extreme debt service on those loans, made by finance companies, contractors and home improvement companies, has caused a number of home owners in those neighborhoods to lose their properties; and

Whereas, Residents of Dorchester, Mattapan and Roxbury, according to four documented studies, have been substantially harmed by Boston banks' racially biased lending patterns, while many of the finance companies and contractors have allegedly been con- ducting these illegal business practices only in com- munities of color; and

Whereas, A number of Boston banks have pur- chased these loans on the secondary mortgage market as a means of fulfilling community reinvestment lending requirements; be it therefore

Resolved, That the Boston City Council in meeting assembled calls for a six-month moratorium on all foreclosures in the neighborhoods affected by the "mortgage scam;" and be it further

Resolved, That the council calls on all banks and finance companies to negotiate a means of refinanc- ing suspect loans to prevent associated financial hard- ship and loss of property. The council also requests that representatives from Boston banks and mortgages companies arrange meetings with members of the af- fected communities to discuss future access to capi- tal; and be it further

Resolved, That copies of this resolution be sent to the chairman of the board and C.E.O. of each bank and mortgage company doing business in the city of Boston.

The resolution was adopted under suspension of the rules.

Couns. BYRNE and KELLY requested that they be recorded as voting in the negative on this resolution.

COMMITTEE ON NEIGHBORHOOD SERVICES TO HOLD HEARING RE CONCERNS OF SOUTH END NEIGHBORHOOD AND WHAT BRA CAN DO TO ALLEVIATE THEM (DOCKET NO. 0755)

Coun. KELLY offered the following:

Whereas, Since 1960 the Boston Redevelopment Authority, whose powers and responsibilities are out- lined in Chapter 12 IB of the Mass. General Laws, and Chapter 652 of the Acts of 1960, has been em- powered by statute and custom to be the planning ag- ency for the City of Boston; and

Whereas, Included in the powers is the responsibil- ity to work with neighborhood organizations and con- cerned residents to ensure that as far as possible the city's neighborhoods maintain their residential charac- ter; and

Whereas, Many residents of the South End believe — and are prepared to present evidence to support their beliefs — that in recent years the BRA has al- lowed the South End to be the prime location for placement of many new social service programs; be it therefore

Ordered, That the Committee on City and Neigh- borhood conduct a public hearing to determine if these concerns of steering are justified, and, if so, what the BRA and city may do to preserve the qual- ity of life in all neighborhoods.

Referred to the Committee on City and Neighbor- hood Services.

MAY 22, 1991

125

REQUESTING THAT PROPOSED OPENING DAY OF SCHOOL BE CHANGED BECAUSE OF CONFLICT WITH ROSH HASHANAH (DOCKET NO. 0756)

Coun. BILLING offered the following:

Whereas, Boston Public Schools are scheduled to begin their 1991 - 1992 academic year Monday, Sep- tember 9, 1991; and

Whereas, This day conflicts with Rosh Hashanah, a sacred holiday in the Jewish calendar; and

Whereas, To respect this day would be in the spirit of brotherhood and in accordance with recognition given other faiths on important observances; therefore be it:

Ordered, The Boston City Council respectfully asks that the Boston School Department reschedule opening day of school to Tuesday, September 10, 1991, in deference to the Jewish High Holiday of Rosh Hashanah.

Passed under suspension of the rules.

SPECIAL COMMITTEE ON COMMUNITY IN- VESTMENT AND BANKING TO HOLD HEARING TO INVESTIGATE ROLE OF BOSTON BANKS IN MORTGAGE LENDING ABUSES (DOCKET NO. 0757)

Coun. MENINO offered the following: Ordered, That the City Council's Committee on Community Investment and Banking hold a hearing to investigate the role of Boston area banks in the mortgage lending abuses highlighted by recent stud- ies.

Referred to the Special Committee on Commu- nity Investment and Banking.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor Travaglini who welcomed "The Honorable" Linda Howell and congratulated her on her "election" as the 1991 "Mayor of Charlestown" and also Ms. Monique Pare on her selection as the "1990 Charles- town Rose" and wished them well.

Monahan (Docket No. 0719); Kristina Cahill (Docket No. 0720); Paul O'Brien (Docket No. 0721); Ricardo Barbosa (Docket No. 0722); Joanna Preston (Docket No. 0723); Steven Whelan (Docket No. 0724); Jeanine Dykens (Docket No. 0725); Denise Ellis (Docket No. 0726).

Councillor Salerno: Johanna O'Flynn (Docket No. 0727).

Councillor Hennigan Casey: Marjorie Cahn (Docket No. 0728).

Councillor Boiling: Amanda V Houston (Docket No. 0729).

Councillor McCormack: Right Reverend James J. Keating (Docket No. 0730).

Councillor McLaughlin: Dawn MacMillan (Docket No. 0731).

Councillor Travaglini: "The Honorable" Linda Ho- well (Docket No. 0732); Monique Pare (Docket No. 0733).

Councillor Yancey: Mattapan Community Health Center (Docket No. 0734); Declaring May 19, 1991, "Malcolm X Day" (Docket No. 0735); Deputy Su- perintendent William "Billy" Celester (Docket No. 0736); Sebastian and Rose Joseph (Docket No. 0737); A.B.C.D. Child Care Choices of Boston (Docket No. 0738); Miss America, Marjorie Judith Vincent (Docket No. 0739); Combite Patriotique de la Diaspora Haitienne (Docket No. 0740); Dalia Pat (Docket No. 0741); Yekoutiel Sabah (Docket No. 0742); Avi Barber (Docket No. 0743); Rivka Ben-Ari (Docket No. 0744); Aharon Berenson (Docket No. 0745); Tavia Efrati (Docket No. 0746); Nurit Israeli (Docket No. 0747) Dov Nattiv (Docket No. 0748).

Councillor Iannella: Declaring May 30, 1991, "Write for Your Rights Day-1991" (Docket No. 0749).

On motion of Councillor Iannella, Rule 11 was suspended in order to add the following matters to the Consent Agenda:

Councillor Salerno: Reverend Brian Scott Kelley (Docket No. 0758).

Councillor Iannella: Declaring June 2, 1991, "Phy- llis F. Marsilia Day" (Docket No. 0759). Declaring June 1, 1991 "Angelo Furnari Day" (Docket No. 0760); Declaring June 1, 1991 "Joseph S. Cataldo Day" (Docket No. 0761).

The matters contained within the Consent Agenda were severally adopted.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set fourth after each Councillor's name:

Councillor Travaglini: Eileen McLean Graham (Docket No. 0708); Julia Harris (Docket No. 0709); Northwest Airlines (No. 0710); The People of Ber- muda (Docket No. 0711).

Councillor McCormack: Welcoming Boston high school students to "Law Day at the Law Depart- ment" (Docket No. 0712).

Councillor O'Neil: Suffolk County House of Cor- rection Officers (Docket No. 0713).

Councillor Hennigan Casey: Thomas and Julia Mulvey (Docket No. 0714); Thomas F. Mulvey, Sr. (Docket No. 0715).

Councillor Byrne: Charles and Noreen Kelley (Docket No. 0716); Catherine Mallen (Docket No. 0717); Julianne Dezso (Docket No. 0718); Marybeth

MEETING OF THE COMMITTEE OF THE WHOLE

Coun. MENINO moved that the rules be suspended and that the City Council recess at 2:25 p.m. for a meeting of the Committee of the Whole to discuss Docket No. 0683 (referred today).

The motion was carried.

RECESS

The meeting of the Committee of the Whole having adjourned, the members reassembled in the City Council Chamber and were called to order by Presi- dent Iannella at 2:40 p.m.

126 MAY 22, 1991

REPORT ON ORDER AUTHORIZING BORROW- NEXT MEETING

ING OF FUNDS NOT TO EXCEED

$20,000,000 AND TO ISSUE REFUNDING Coun. MENINO moved that when the Council ad-

BONDS (DOCKET NO. 0683) journ today it be to meet on Wednesday, June 5,

1991, at 1 p.m. Coun. IANNELLA, on behalf of the Committee of The motion was carried.

the Whole, submitted the following:

Report on Docket No. 0683, message of the Mayor

and order authorizing the borrowing of funds not to

exceed $20,000,000 and to issue refunding bonds (re- Adjourned at 2:40 p.m., on motion of Councillor

ferred today) recommending passage of the order. Menino, to meet on Wednesday, June 5, 1991, at 1

The report was accepted; the order was passed. Pm-

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON eglgifeo PRINTING SECTION

CITY COUNCIL

127

CITY OF BOSTON

Proceedings of City Council

Wednesday, June 5, 1991 . Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 2 p.m. , President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend Marly ne Campbell, Alpha & Omega Church, 591 Morton Street, Dorchester, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

ORDER AUTHORIZING COMMISSIONER ON AF- FAIRS OF ELDERLY TO ACCEPT AND EX- PEND FUNDS NOT TO EXCEED $100,000 FROM VARIOUS PRIVATE ORGANIZATIONS AND TRUSTS (DOCKET NO. 0762)

The following was received:

City of Boston Office of the Mayor

June 4, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ac- cept and expend on behalf of the City of Boston, funds in an amount not to exceed one hundred thousand dollars ($100,000) from various private organizations and trusts.

These funds are or will be available through fund rais- ing efforts and will be used for the Commission sponsor- ship of various elderly events. I urge your Honorable Body to pass this order. Very truly yours,

Raymond L. Flynn, Mayor of Boston.

The following was received:

City of Boston Office of the Mayor

May 17, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order that au- thorizes the City of Boston to enter into a lease of real property for a period not to exceed five (5) years. This order is required pursuant to the provisions of Chapter 30B, Section 12(b) of the Massachusetts General Laws. The lease is for a 14,000-square-foot parcel of land lo- cated adjacent to the Transportation Department's facil- ity at 112 Southampton Street.

I urge your Honorable Body to pass this order as soon as possible.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That Richard A. Dimino, Transportation Commissioner for the City of Boston, is hereby autho- rized, pursuant to Chapter 30B, Section 12(b) of the Massachusetts General Laws, to enter into a lease of a 14,000-square-foot parcel of land located adjacent to the Transportation Department's facility at 1 12 Southampton Street, for a term not to exceed five (5) years.

Referred to the Committee on Commerce and Transportation.

CERTAIN INFORMATION UNDER SECTION 17F RE PHOTOCOPYING SERVICES (DOCKET NO.

0764)

The following was received:

City of Boston Office of the Mayor

June 4, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on May 22, 1991, regarding photocopying, please find the attached response. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the Commissioner on Affairs of the El- derly, acting on behalf of the City of Boston, be, and hereby is, authorized, in accordance with G.L. c. 44, sec. 53A, to accept and expend funds in an amount not to exceed $100,000 which are or will be available from var- ious private organizations and trusts through fund- raising efforts for the support of the Commission's vari- ous elderly events.

Referred to the Special Committee on the Elderly.

Duplicating and Reproducing Services

Department/Division FY90 FY91 Outside Vendor

ORDER AUTHORIZING COMMISSIONER OF TRANSPORTATION TO ENTER INTO LEASE OF CERTAIN LAND ADJACENT TO 112 SOUTHAMPTON STREET FOR TERM NOT MORE THAN 5 YEARS (DOCKET NO. 0763)

Office of Budget
and Program Eval.	19,000	19,300	State Street Copy — Budgets and Management reports
Environment Dept.	100	0	Hamilton Printing
Fair Housing Comm.	0	55	Copy Cop
Health & Hospitals	n/a	8.293	General Photo, McGregor Print, Papcrgraphics. Copy Cop. HM Century
Parks & Recreation	12,284	10.778	Special Reprographics (large Size), IMP Assoc.. Copy Cop. Copy Max, Beacon Blueprint
Public Facilities	157.113	46.167	Special Reprographics (large size). Beacon Blueprint. Char- rettc. Sir Speedy
Rent Equity Board	253	740	Copy Cop. Printer's Ink
Transportation Dept.	465	828	Copy Cop. AUantic Color Lab
TOTAL	189.215	86.161

128

CITY COUNCIL

COUNTY DEPARTMENTS

Penal Department 0 0

Registry of Deeds 0 0

Suffolk County Jail 0 0

TOTAL/COUNTY 0 0

Placed on file.

COMMUNICATION FROM CONSTANCE J. DOTY, RENT EQUITY BOARD ADMINISTRATOR (DOCKET NO. 0771)

Communication was received from Constance J. Doty, Administrator, Rent Equity Board, transmitting a certi- fied copy of Regulations 4 and 16.

Referred to the Committee on Housing.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0765)

Notice was received by the City Clerk from the Mayor of the appointment of Jovita Fontanez as a member of the Election Commission for a term expiring April 30, 1993.

Placed on file.

NOTICE OF HEARINGS FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0772)

Notice was received from the Department of Public Utilities of hearings re Boston Edison Company. Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0766)

Notice was received by the City Clerk from the Mayor of the appointment of Bruce A. Beal as a member of the Art Commission for a term expiring May 1, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0767)

Notice was received by the City Clerk from the Mayor of the appointment of Frank Jones as a member of the Boston Employment Commission for a term expiring April 30, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0768)

Notice was received by the City Clerk from the Mayor of the appointment of Frank Jones as Chairperson of the Boston Employment Commission.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0769)

Notice was received by the City Clerk from the Mayor of the reappointment of Kristen McCormack as a mem- ber of the Boston Employment Commission for a term expiring April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 0770)

Notice was received by the City Clerk from the Mayor of the reappointment of Walt Williams as a member of the Boston Employment Commission for a term expiring April 30, 1993.

Placed on file.

COMMUNICATION FROM EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUC- TION, PUBLIC WORKS DEPARTMENT (DOCKET NO. 0773)

Communication was received from Executive Office of Transportation and Construction, Department of Pub- lic Works , re : waiver of categorical inclusion for the New Dudley St. , Phase II urban systems project.

Placed on file.

COMMUNICATION FROM EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUC- TION, DEPARTMENT OF PUBLIC WORKS (DOCKET NO. 0774)

Communication was received from the Executive Of- fice of Transportation and Construction, Department of Public Works re: Layout No. 6828 and Order and Taking of a State Highway.

Placed on file.

COMMUNICATION FROM EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUC- TION, DEPARTMENT OF PUBLIC WORKS (DOCKET NO. 0775)

Communication was received from the Executive Of- fice of Transportation and Construction, Department of Public Works re: Layout No. 7010 and Order of Taking of a State Highway.

Placed on file.

COMMUNICATION FROM EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUC- TION, DEPARTMENT OF PUBLIC WORKS (DOCKET NO. 0776)

Communication was received from the Executive Of- fice of Transportation and Construction, Department of Public Works re : Layout No . 6954 and Order of Taking of a State Highway.

Placed on file.

JUNE 5, 1991

129

COMMUNICATION FROM TIMOTHY L. TIMMER- MANN RE PROJECT NAME CHANGE (DOCKET NO. 0777)

Communication was received from Timothy L. Tim- mermann, Beals and Thomas, Inc. re: Project Change — VFW Parkway Neighborhood Shopping Center, EOEA No. 5946, West Roxbury.

Placed on file.

Later in the session Coun. HENNIGAN CASEY moved reconsideration of the previous action; reconsid- eration prevailed.

On motion of Coun. HENNIGAN CASEY, the com- munication was referred to the Committee on City and Neighborhood Services.

REAPPOINTMENT BY THE MAYOR (DOCKET NO. 0778)

Notice was received by the City Clerk from the Mayor of the reappointment of William Arrigal as a member of the Election Commission for a term expiring March 31, 1995.

Placed on file.

REAPPOINTMENT BY THE MAYOR (DOCKET NO. 0779)

Notice was received by the City Clerk from the Mayor of the reappointment of Everett Sheppard as a member of the Election Commission for a term expiring March 31, 1995.

Placed on file.

REPORT ON ORDER REQUESTING MAYOR TO ENGAGE SERVICES OF COMPETENT ORGA- NIZATION TO UNDERTAKE THOROUGH RE- VIEW OF ALLEGATIONS OF INEFFICIENCIES RE BOSTON POLICE DEPARTMENT (DOCKET NO. 0536)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 0536, order requesting the Mayor to engage the services of a competent organiza- tion to undertake a systematic and thorough review of allegations of inefficiencies made about the Boston Po- lice Department (referred April 10) recommending the order ought not pass.

The order was passed.

On motion of Coun. SCONDRAS, the order was placed on the table.

Coun. BYRNE in the Chair.

by St. 1982, c. 605, s. 3, as amended by St. 1986, c. 343, s. 1, provides that the City Council shall next redraw electoral districts for municipal elections in Boston by August 1, 1996; and

Whereas, The 1996 date is tied to the occurrence of the Commonwealth's decennial census; and

Whereas, In the 1990 election the Commmonwealth's voters abolished the decennial census by adopting article 1 1 7 of the Amendments to the Massachusetts Constitu- tion, amending article 101 of the Amendments; and

Whereas, The 1990 federal census has now been con- ducted but the results of that census are not final; and

Whereas, The Director of the Federal Bureau of the Census has advised that the initial 1990 federal census figures released in January are not intended for use in redistricting; and

Whereas, The Director of the Federal Bureau of the Census has advised government officials that, because of a Federal court stipulation and order the 1990 census fig- ures may be subject to adjustment, which adjustment will be made not later than July 15, 1991 ; and

Whereas, The Commonwealth's Attorney General has also recently filed suit challenging the accuracy of the 1990 federal census; and

Whereas, The Commonwealth is presently consider- ing when it must redistrict for the state senate, represent- ative and council electoral districts in light of the 1990 federal census, and the Commonwealth's Office of the Secretary of State has advised the Commonwealth's House Chairman of the Joint Committee on Redistricting that such redistricting is not legally required yet and, if required by the final 1990 census figures, must first be in place in 1994; and

Whereas, Once the final federal census figures for Boston are validated, the City Council should examine whether, under state or federal law, those figures require a redrawing of electoral districts for municipal elections in Boston earlier than August 1 , 1996; now, therefore, be it

Ordered, That a Special Committee on Redistricting shall be appointed by the President pursuant to City Council Rule 28; and be it further

Ordered, That the Special Committee on Redistricting shall have among its duties the following responsibilities:

(1) obtaining and reviewing federal census figures when they are finalized;

(2) conducting hearings in various neighborhoods within the City to obtain public comment on the need to redistrict in light of those final federal census figures;

(3) proposing an ordinance to achieve required re- districting, if the Committee determines after a review of final census data and after hearing from the public that such redistricting is necessary; and

(4) reviewing and recommending any necessary re- visions in City law in light of the abolition of the Com- monwealth's decennial census; and be it further Ordered, That not later than thirty (30) days from the

date upon which the Special Committee obtains the final 1990 federal census, the Special Committee shall report to the full Council on the Committee's schedule for com- pleting its responsibilities, including a schedule for con- ducting neighborhood hearings. Passed under suspension of the rules.

ORDER CREATING SPECIAL COMMITTEE ON REDISTRICTING (DOCKET NO. 0784)

Coun. IANNELLA offered the following: Whereas, The City Council addressed electoral dis- tricts for choosing certain city council and school com- mittee members in June of 1987; and Whereas, State law, St. 1982, c. 605, s. 3, as amended

STATEMENT OF COUNCILLOR IANNELLA

Having received unanimous consent to do so, Coun. IANNELLA stated that the actions of the Boston City Council were responsible in great part for Boston's being considered one of the great cities of the world. He cited the accessibility of the Council Members, calling them

130

CITY COUNCIL

"the People's Court." He stated that that was why he had filed the previous order, to protect the districts of the Council Members.

President IANNELLA in the Chair.

ORDER THAT CITY CLERK DEPOSIT FUNDS AS MAY BE DUE COMMONWEALTH UNDER CHAPTER 131 OF GENERAL LAWS TO RE- VOLVING FUND UNDER CONTROL OF CITY TREASURER (DOCKET NO. 0780)

Coun. IANNELLA offered the following: Ordered, That the City Clerk deposit such funds as may be due the Commonwealth under the provisions of Chapter 131 of the General Laws to a revolving fund un- der the control of the City Treasurer, appropriation code 031-161-9750-0000. Passed under suspension of the rules.

ORDER THAT RULE 28 OF THE RULES OF THE CITY COUNCIL BE AMENDED TO INCLUDE A SPECIAL COMMITTEE ON REDISTRICTING (DOCKET NO. 0638)

Coun. BOLLING called Docket No. 0638 from the Committee of the Whole under Rule 20.

A sufficient number of members having stood with him, the order was before the body.

Coun. BOLLING moved that the order be referred to the Special Committee on Redistricting when appointed.

The motion was carried.

ORDER URGING MAYOR NOT COMMIT PUBLIC FUNDS FOR REMUNERATION TO ANY MEM- BER OF ST. CLAIR COMMISSION SPECIALLY APPOINTED TO SURVEY POLICE DEPART- MENT OPERATIONS EFFICIENCY EXCEPT TO REIMBURSE FOR ACTUAL EXPENDI- TURES (DOCKET NO. 0781)

Coun. O'NEIL offered the following:

Be It Ordered: That his Honor, the Mayor, is urged not to commit public funds for remuneration to any member of the St. Clair Commission specially appointed to sur- vey the police department operations efficiency, except to reimburse for actual expenditures.

Passed under suspension of the rules.

Coun. YANCEY requested that he be recorded in the negative on the foregoing action.

ORDER THAT CITY TREASURER PROMULGATE REGULATIONS REQUIRING STANDARDS FOR FINANCIAL INSTITUTIONS (DOCKET NO. 0782)

Coun. MENINO offered the following:

Whereas, A hearing conducted pursuant to council docket No. 0757 has identified unconscionable acts of avarice, fraud and discrimination by certain companies in the home improvement and home improvement financ- ing industry; and

Whereas, The banking industry has not met the credit needs of the communities within Boston; and

Whereas, The Citv of Boston can not wait for the Fed-

eral and State governments to provide relief to our neigh- borhoods; and

Whereas, The city has a significant impact on the local banking industry by annually conducting approximately one billion four hundred million dollars in financial transactions; and

Whereas, It would be a cruel irony if the city which subscribes to policies on divestiture of South African as- sets and the McBride Principles, found itself doing busi- ness with banks that are in partnership with companies implicated in the fraud and discrimination in our neigh- borhoods; and

Whereas, The mayor currently subscribes to a policy of linked deposits for financial institutions which con- siders their contribution to the economic viability of the neighborhoods of Boston; now, therefore, be it

Ordered, The city treasurer shall promulgate regula- tions by September first, nineteen hundred and ninety- one that shall require certain community recompense standards by financial institutions, said standards shall include, but not be limited to:

1) Any financial institution that has supported com- panies that have employed hardlending practices within Boston shall be required to make recompense to the communities by providing increased affordable credit for housing and home improvement needs.

2) Any financial institution that has supported com- panies that have employed hardlending practices within Boston shall be required to implement a pro- gram of affordable refinancing for loans made by said companies that were acquired by the supporting insti- tution.

3) Any financial institution that provides any type of credit arrangement to or purchases any debt obligation related to home equity from companies that employ hardlending practices after the promulgation of said standards shall provide a monetary contribution, which is equal to the value of the hardlending loan granted, to the City of Boston for the purposes of hous- ing renovation and community development to the communities that such hardlending loans were granted; and be it further

Ordered: The city treasurer shall remove any and all funds from any financial institution that violates commu- nity recompense standards until satisfactory compliance with said standards has been achieved; provided further, that any institution that violates said standards shall be prohibited from receiving any deposits or service con- tracts from the City of Boston for a period of not less than one year; and be it further

Ordered: The city treasurer shall not implement said regulations until the approval has been granted by order of the City Council and Mayor.

Passed under suspension of the rules.

RESOLUTION THAT CITY COUNCIL EXPRESS OPPOSITION TO PROPOSED MBTA FARE IN- CREASE (DOCKET NO. 0783)

Coun. SCONDRAS offered the following:

Whereas, The Massachusetts Bay Transportation Au- thority is considering fare increases for the second time in less than three years; and

Whereas, Public transportation users are among those members of our society most in need of economic sup- port, with 50-60 percent of local bus riders living in households with an annual income below $20,000, 70-80 percent owning no automobile, and 40-60 percent having no driver's license; and

Whereas, Over 10 percent of public transportation us- ers are elderly and facing a tax increase as a result of the

JUNE 5, 1991

131

legislature's recent decision to reclassify SSI payments as taxable income; and

Whereas, The MBTA is projecting that 43,000 daily riders, on average, will be driven off the system by the projected fare increases; and

Whereas, By not driving, MBTA riders save 142 mil- lion gallons of gasoline annually, resulting in 90 percent less hydrocarbon emissions and 75 percent less carbon monoxide emissions than if they drive; and

Whereas, The "Big Dig" which will further exacer- bate the traffic and environmental problems in the city; and

Whereas, The MBTA's 1989 study of "Financing Op- erating Costs" indicates that the MBTA's mechanism of fiscal control is eroding, as the MBTA's primary funding source shifts from local communities to the state govern- ment; and

Whereas, That same study claims that a thorough in- vestigation is needed to determine whether the small per- centage of transit costs covered by MBTA fares is due to an inadequate fare schedule, or due to high management costs; and

Whereas, "High management costs" are often associ- ated with the lack of an effective management structure; and

Whereas, The MBTA Budget Office's "Staff Sum- mary", which suggests the fare increase, makes no men- tion of the management question; and

Whereas, The MBTA faces greater revenue problems than a fare increase can answer, as a result of declining federal and local aid; and

Whereas, The MBTA is one of only five of the twenty- six largest public transit systems which lacks a dedicated revenue source; and

Whereas, The MBTA's 1989 study, "Financing MBTA Operating Costs: Alternatives for the Future", points to the need for such dedicated revenue sources as the most likely option for solving the MBTA's budget crisis; Now, Therefore, Be It

Resolved, That the Boston City Council, in meeting assembled, hereby expresses its opposition to the pro- posed fare increase, advises Boston representatives to the MBTA Advisory Board to oppose them, and Be It Fur- ther

Resolved, That the MBTA should follow its own rec- ommendations and conduct a "thorough examination" of the MBTA's management structure before considering raising fares; the Be It Further

Resolved, That the possibility of a dedicated revenue source, such as auto-use taxes and fees, be seriously con- sidered as an alternative to raising fares; and Be It Fur- ther

Resolved, That the City Clerk forward a copy of this resolution to Boston's representatives to the MBTA Advi- sory Board, Boston's representatives to the State Legisla- ture, and Governor Weld.

Coun. SCONDRAS moved that the resolution be adopted under suspension of the rules.

Coun. SCONDRAS requested unanimous consent to withdraw his motion.

Unanimous consent was granted; the motion was with- drawn.

On motion of Coun. SCONDRAS, the resolution was referred to the Committee on City and Neighborhood Services.

Coun. YANCEY offered the following:

Whereas, The lending practices of Boston banks have implicated these institutions in a documented pattern of racially biased lending which has negatively affected the city's minority communities; and

Whereas, An indirect result of these lending patterns has been the emergence of a secondary mortgage market that is rife with unregulated mortgage and home improve- ment companies that have been preying on unsuspecting elderly and minority homeowners; and

Whereas, A number of Boston banks have purchased these loans on the secondary mortgage market for profit and as a means of fulfilling community reinvestment lending requirements; and

Whereas, The indirect role of Boston banks in perpetu- ating continuing a mortgage/home improvement lending scam is unclear; therefore be it

Ordered, That the Special Committee on Community Investment and Banking hold a hearing on Boston banks' community lending practices; be it further

Ordered, That all banks doing business with the City of Boston be required to have at least one representative from their lending divisions attend the hearing to discuss the mortgage/home improvement lending practices.

Referred to the Special Committee on Community Investment and Banking.

CERTAIN INFORMATION UNDER SECTION 17F RE BOSTON BANKS DOING BUSINESS WITH CITY (DOCKET NO. 0786)

Coun. YANCEY offered the following:

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1) What is the status of the "link-deposit" report on lending information disclosed by banks doing busi- ness with the City of Boston in 1989, 1990 and 1991?

2) List the banks doing business with the city and how they have been and are rated with respect to lending practices for each census tract within the City of Boston.

3) List each bank's lending record in the following areas for each census tract within the city:

* Home improvement or rehabilitation loans made on residential properties and their interest rates

* Conventional mortgage loans

* Home improvement loans purchased on the second- ary mortgage market and their interest rates

* Commercial loans and their rates

* Community development loans and their rates

4) List the locations of each bank's main and branch of- fices and the services offered at each site.

5) Have any city funds been removed from banks that have rated poorly in the categories listed above?

6) Is there any action pending to sanction a bank or banks for sub-satisfactory ratings in the categories listed above? If so, please list the banks, the nature of the action and why it has been taken.

Passed under suspension of the rules.

SPECIAL COMMITTEE ON COMMUNITY IN- VESTMENT AND BANKING TO HOLD HEAR- ING ON THE BOSTON BANKING COMMU- NITY'S LENDING PRACTICES (DOCKET NO. 0785)

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0787)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 5, 1991 the

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following named person be, and hereby is, appointed to the position set against his name until Wednesday, Sep- tember 11, 1991:

Anthony Palomba, administrative assistant, $288.46 per week, part time, 25 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0788)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 29, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, June 12, 1991:

Brian J. Fish, administrative assistant, $600.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0789)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 12, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Sep- tember 11, 1991:

Brian J. Fish, administrative assistant, $300.00 per week, full time, 35 hours.

Passed under suspension of the rules.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that the following four late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The matters were added to the Agenda to be individu- ally considered.

REQUESTING PARK COMMISSION DEDICATE NEW PARK ON WESTLAND AVENUE TO HARRY ELLIS DICKSON FOR HIS MANY CULTURAL CONTRIBUTIONS TO BOSTON (DOCKET NO. 0810)

Couns. MENINO, SALERNO, and SCONDRAS of- fered the following:

Whereas, Harry Ellis Dickson has had one of the most distinguished careers of any American musician, having been a member of the Boston Symphony since 1938 when he came to the violin section of the orchestra; and

Whereas, Harry Ellis Dickson played under the leg- endary conductor, Serge Koussevitzky; and

Whereas, Harry Ellis Dickson was associate conductor of the Boston Pops under Arthur Fiedler and conducted many of the Pops concerts at Symphony Hall and on the Esplanade; and

Whereas, Harry Ellis Dickson is now Associate Con- ductor Laureate of the Boston Pops; and

Whereas, In 1959 Harry Ellis Dickson founded the Boston Symphony Youth Concerts which bring live sym- phonic music to thousands of inner city children every year; and

Whereas, A new park on Westland Avenue is under

construction now and is expected to be dedicated in Sep- tember; and

Whereas, The Boston Fenway Program the prime sponsors of this park enthusiastically endorse the follow- ing recommendation; now therefore be it

Ordered, That the Boston City Council in meeting as- sembled recommends to the Park Commission that this new park on Westland Avenue be dedicated as the Harry Ellis Dickson Park in honor of his many contributions to the cultural life of the City of Boston.

Passed under suspension of the rules.

MAYOR AND DIRECTOR OF PERSONNEL MAN- AGEMENT TO REPORT TO COUNCIL WITHIN SEVEN DAYS OF PASSAGE OF THIS ORDER WITH PROCEDURE TO COMPLY WITH CBC ORDINANCES SECTION 5-5.4 (DOCKET NO. 0811)

Couns. MEMINO, BOLLING, BYRNE, HENNI-

gan casey, iannella, kelly, mccormack, Mclaughlin, oneil, salerno, scondras,

and YANCEY offered the following:

Whereas, Unemployment rates for young adults in Boston is at or above 10 percent in most of Boston's neighborhoods; and

Whereas, The City of Boston provides hundreds of summer jobs for Boston's young people and it is essential that all residents of Boston are assured that summer jobs are filled fairly and honestly by eligible citizens; and

Whereas, In 1977 the Boston City Council passed an ordinance creating a lottery to be conducted by the Office of Personnel Management for the purpose of filling tem- porary summer positions; and

Whereas, This ordinance has been ignored by both the previous and present Mayors; Therefore Be It

Ordered, That the Mayor and the Director of the Office of Personnel Management report to the City Council within seven days of passage of this order with a proce- dure for complying with CBC Ordinances Section 5-5.4.

Coun. MENINO moved that the order be passed under suspension of the rules.

On motion of Coun. BYRNE, the order was laid on the table until a date certain, to wit, June 12, 1991 .

BRA AND OFFICE OF MANAGEMENT SYSTEMS TO FURNISH SPECIAL COMMITTEE ON RE- DISTRICTING ALL INFORMATION ON 1990 CENSUS (DOCKET NO. 0812)

Coun. BOLLING offered the following: Ordered, That the Boston Redevelopment Authority and the Office of Management Information Systems pro- vide the city council's Special Committee on Redistrict- ing with any and all information related to the 1990 Fed- eral Census for the purpose of reviewing a possible redistricting of city council/school committee seats. Passed under suspension of the rules.

REPORT ON ORDINANCE AMENDING RENTAL HOUSING EQUITY ORDINANCE (DOCKET NO. 0562)

Coun. BYRNE, on behalf of the Committee on Hous- ing, submitted the following:

Report on Docket No. 0562, message of the Mayor and ordinance amending the Rental Housing Equity Ordi-

JUNE 5, 1991

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nance (referred April 10) recommending that the ordi- nance be rejected without prejudice.

The report was accepted; the ordinance was rejected without prejudice.

On motion of Coun. BYRNE the ordinance was resub- mitted in exactly the same form as the foregoing.

Referred to the Committee on Housing.

ORDER THAT THE COMMITTEE ON COMMERCE AND TRANSPORTATION HOLD HEARING TO INVESTIGATE WHAT STEPS CAN BE TAKEN TO ADDRESS BUSINESS PRACTICES OF HOME-REPAIR AND SECOND-MORTGAGE COMPANIES (DOCKET NO. 0680)

Coun. SALERNO called Docket No. 0680 from the Committee on Commerce and Transportation under Rule 20.

A sufficient number of Councillors having stood with her, the order was before the body.

Coun. SALERNO moved that the order be referred to the Special Committee on Community Investment and Banking.

The motion was carried.

ORDER FOR PETITION FOR SPECIAL LAW TO AMEND CERTIFICATION FROM REEMPLOY- MENT LIST AS APPLIED TO POLICE AND FIRE DEPARTMENT APPOINTMENTS (DOCKET NO. 0659)

Coun. O'NEIL called Docket No. 0659 from the Com- mittee on Public Safety under Rule 20.

A sufficient number of Councillors having stood with him, the order was before the body.

Coun. O'NEIL moved that the order be passed under suspension of the rules.

The motion was carried.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor O'Neil: Michael Graves (Docket No. 0790); Curtis Henderson (Docket No. 0792); Richard O'Shea (Docket No. 0793); Edward Sandell (Docket No. 0794).

Councillor McCormack: Andrew F. Hickey (Docket No. 0795).

Councillor Byrne: Joseph F. Flanagan (Docket No. 0796); Kenneth C. Bruynell (Docket No. 0707); Julie Ann Josephson (Docket No. 0798); Mary A. Hutchinson (Docket No. 0799).

Councillor Iannella: Declaring June 9, 1991, through June 15, 1991 , "Jewish War Veterans of the United States Week" (Docket No. 0800); declaring June 11, 1991, "King Kamehameha Day" (Docket No. 0801).

Councillor Yancey: Marcia I. Wells (Docket No. 0802); Certain persons on their services to the Hassan Tenants Advisory Council and Senior Citizens Club (Docket No. 0803); George W Kenney as Coordinator for Metro Boston Alive, Inc. (Docket No. 0804); George W. Kenney as Advocate of Metro Boston Alive, Inc. (Docket No. 0805); Richard Marshall Dickerson (Docket No. 0806); Shirley Ann Beeks (Docket No. 0807); F.I.R.S.T, Inc. (Docket No. 0808); Wilbur Brown (Docket No. 0809).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following thirteen matters to the Consent Agenda:

Councillor Boiling: Gloria E. Brooks (Docket No. 0813); Leao C. Fernandes (Docket No. 0814); Jennifer A. Jones (Docket No. 0815).

Councillor Iannella: Angela Wright (Docket No. 0816); Joseph Cimino (Docket No. 0817).

Councillor Boiling: Beverly Ann Dancy Crook (Docket No. 0818).

Councillor Yancey: Elaine Frances Munn (Docket No. 0819).

Councillor Kelly: Lovilla Weaver (Docket No. 0820).

Councillors McLaughlin, Salerno, Scondras and Yan- cey: Mike Fogelberg (Docket No. 0821).

Councillor Menino: Sister Margaret Higgins (Docket No. 0822); Sister Estelle Conway (Docket No. 0823); Leone O'Connor (Docket No. 0824); Georgette Simon (Docket No. 0825).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 3:40 p.m., on motion of Councillor O'Neil, to meet on Wednesday, June 12, 1991, at 1:00 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

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CITY OF BOSTON

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

Proceedings of City Council

Wednesday, June 12, 1991.

Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m. , President IANNELLA in the chair. Absent, Councillor Hennigan Casey

INVOCATION

Reverend Susie Thomas, Mount Olive Temple of Christ, Dorchester, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

ORDER TRANSFERRING ZEIGLER STREET, ROXBURY, FROM ITS FORMER PURPOSE OF BEING A PUBLIC WAY TO THE PURPOSE OF SALE (DOCKET NO. 0826)

The following was received:

City of Boston Office of the Mayor

May 13, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval two orders in connection with the sale of approximately 6,174 square feet of land, being a portion of Zeigler Street in the Roxbury District.

The first order is to transfer the property from its former purpose of being a public way to the purpose of sale, pursuant to G.L. c. 40, sl5A. The second order authorizes the sale of the parcel to the Massachusetts Bay Transportation Authority (M.B.T.A.) for the amount of $3,700.00.

The M.B.T.A. wishes to purchase this property for the construction of its new Dudley Station on the Orange Line.

Since it has been determined that the subject property is no longer required for public purposes, I respectfully recommend the adoption of the accompanying orders by your Honorable Body.

Respectfully,

Raymond L. Flynn, Mayor of Boston .

Ordered, That pursuant to G.L. c. 40, sl5A, the "dis- continued area" as shown on a plan marked "City of Boston Public Works Department, Engineering Divi- sion, Discontinuance Plan, Zeigler Street, Roxbury, Oc- tober 15, 1990, Gordon E. Barnes, Division Engineer," is hereby transferred from its former purpose of being a public way to the purpose of sale.

Coun. BYRNE moved that the order be laid on the ta- ble.

The motion was carried.

On motion of Coun. BYRNE, the order was taken from the table.

ORDER FOR SALE OF APPROXIMATELY 6,174 SQUARE FEET OF LAND LOCATED ON ZEIGLER STREET, ROXBURY, TO MBTA FOR $3,700 (DOCKET NO. 0827)

The following was received:

City of Boston Office of the Mayor

May 13, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval two orders in connection with the sale of approximately 6,174 square feet of land, being a portion of Zeigler Street in the Roxbury District.

The first order is to transfer the property from its former purpose of being a public way to the purpose of sale, pursuant to G.L. c. 40, sl5A. The second order authorizes the sale of the parcel to the Massachusetts Bay Transportation Authority (M.B.T.A.) for the amount of $3,700.00.

The M.B.T.A. wishes to purchase this property for the construction of its new Dudley Station on the Orange Line.

Since it has been determined that the subject property is no longer required for public purposes, I respectfully recommend the adoption of the accompanying orders by your Honorable Body.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Whereas, On October 4, 1990 the Massachusetts Bay Transportation Authority (M.B.T.A.) petitioned the Public Improvement Commission to discontinue portions of the public way located on Zeigler Street, Roxbury Dis- trict, comprising approximately 6,174 square feet, all as shown on a plan marked "City of Boston Public Works Department, Engineering Division, Discontinuance Plan, Zeigler Street, Roxbury, October 15, 1990, Gor- don E. Barnes, Division Engineer", and

Whereas, A duly authorized public hearing was held on October 18, 1990, for the proposed discontinuance, all abutters having been notified by certified mail of said hearing; and

Whereas, The Commissioner of Public Works has de- termined that the discontinued area, owned in fee by the City of Boston, comprising 6,174 square feet, is no longer required for public purposes, and further that said discontinued area has a fair market value of $3,700.00; now, therefore, it is

Ordered, That the Mayor of the City of Boston be, and he hereby is, authorized to execute and deliver to the M.B.T.A. for the sum of $3,700.00 an instrument in writing conveying all of the City of Boston's right, title, and interest in and to the discontinued area herein de- scribed.

On motion of Coun. BYRNE, the order was given its first reading and passage, yeas 12, nays 0:

Yeas — Councillors Boiling, Byrne, lannella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

Referred to the Committee on the Environment and Public Works.

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ORDER APPROVING ISSUANCE OF TAX-EXEMPT REVENUE BONDS NOT TO EXCEED $80,000,000 FOR FINANCING OF POLLUTION CONTROL FACILITIES OF BOSTON EDISON COMPANY OR ANY SUBSIDIARY THEREOF, INCLUDING WITHOUT LIMITATION HAR- BOR ELECTRIC ENERGY COMPANY (DOCKET NO. 0828)

The following was received:

City of Boston Office of the Mayor

June 5, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order to ap- prove the issuance of tax-exempt revenue bonds in a prin- cipal amount not to exceed $80,000,000. The Boston In- dustrial Development Financing Authority (BIDFA's) Board of Directors, acting pursuant to the provisions of Chapter 40D of the Massachusetts General Laws, adopted a favorable resolution with respect to the financ- ing of these pollution control facilities to be owned by Boston Edison Company or any subsidiary thereof, in- cluding without limitation Harbor Electric Energy Com- pany. It is proposed that such facilities will consist either of: (i) facilities for the generation of electrical power, which will be located on Deer Island, or (ii) of facilities for the transmission of electrical power from a substation by means of a power trans- mission cable to be installed between such source and Deer Island. I urge your Honorable Body to pass this order as expe- ditiously as possible so that this important project may proceed as described.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Whereas, The City of Boston, Massachusetts, acting by and through the Boston Industrial Development Fi- nancing Authority (the "Authority"), is empowered pur- suant to Chapter 40D of the Massachusetts General Laws as amended (the "Act") to assist in the financing of pollu- tion control facilities (as that term is defined in Section l(o) of the Act), and facilities necessary or desirable in connection therewith, including without limitation facili- ties necessary or desirable in connection with waste water treatment works or collection systems, through the issu- ance of revenue bonds; and

Whereas, There has been proposed for the City of Boston (the "City") the acquisition, construction and in- stallation of certain facilities to be owned by Boston Edi- son Company or any subsidiary thereof (the "Bor- rower") including without limitation, Harbor Electric Energy Company, to be used for the supply of electrical power to the Massachusetts Water Resources Authority (the "MWRA") for construction and operation of MWRA's Deer Island waste water treatment facility; and

Whereas, It is proposed that such facilities will consist either of (i) facilities for the generation of electrical power, including turbines, which will be located on Deer Island, together with ancillary facilities, or (ii) of facili- ties for the transmission of electrical power from a sub- station either in Chelsea or in South Boston, Massachu- setts, by means of a power transmission cable to be installed between such source and Deer Island, together with other ancillary facilities (the construction, acquisi- tion and installation of any of the facilities described in clauses (i) and (ii) being referred to herein as the "Proj- ect"); and

Whereas, The Borrower has expressed its willingness to make payments sufficient to pay the principal of and interest on revenue bonds of the City issued to pay costs of the Project (the "Bonds") and current expenses, if any, of the City incurred in connection therewith and that it will reimburse the City for, or indemnify the City against, any expenses or costs incurred by the City in the event that the issuance and sale of the Bonds are not ac- complished as contemplated; and

Whereas, The cost of the Project is not expected to exceed $80,000,000 and is proposed to be financed in whole or in part by the Bonds; and

Whereas, The Borrower has requested the City to issue revenue bonds from time to time under the Act to finance, in whole or in part, costs of the Project; and

Whereas, The financing of the Project under the provi- sions of the Act appears feasible; and

Whereas, The Project, upon completion as projected by the Borrower, will provide a substantial public benefit; and

Whereas, The Borrower has undertaken to cooperate with public and community agencies engaged in man- power recruitment and training to pursue as a goal, to the extent consistent with state and federal law, and to the extent appropriate to this Project, the furnishing of at least 50 percent of new jobs as said Project to City resi- dents, at least 25 percent of new jobs to minorities and at least 25 percent of new jobs to women; and

Whereas, The Authority has adopted a resolution ap- proving the Project and the estimated cost thereof and authorizing the issuance of the Bonds in a principal amount not to exceed $80,000,000 to finance the Project; and

Whereas, The City, by adopting the order set forth herein or by taking any other action in connection with the Project, does not and cannot provide any assurance that the Project or the Borrower is financially viable or sound, that amounts on any debt issued on behalf of the Borrower for the Project will be paid, that any collateral which may be pledge to secure such debt would be suffic- ient to repay holders of such debt in the event of a default, or that interest on the Bonds will be exempt from federal or Massachusetts income taxation; and neither the Bor- rower nor any prospective purchaser of such debt nor any other person shall rely upon the City with respect to such matters; now, therefore, be it

Ordered:

Section 1 . Purpose of Order. This order is intended to be official action toward the issuance of revenue bonds under the Act to finance the Project to the extent, if any, required by Section 147 of the Internal Revenue Code of 1986, as amended, and is also intended to be inducement for the Borrower to construct and install the Project.

Section 2. Agreement. The Council approves the Proj- ect and the estimated cost thereof. The Council further authorizes the issuance of revenue bonds from time to time under the Act, in one or more series, in an aggregate principal amount not to exceed $80,000,000, to finance the Project, subject to all requirements of the Act.

This order shall not constitute and shall not be relied upon as a determination of allocation by the Common- wealth of Massachusetts for the purpose of Chapter 211 of the Massachusetts Acts of 1988 or any regulations is- sued thereunder, and the revenue bonds hereby autho- rized to be issued shall not constitute a general obligation of the City or a pledge of its faith and credit and taxing power.

Referred to the Committee on Ways and Means.

Later in the session Coun. MENINO moved reconsid- eration of the foregoing action; reconsideration pre- vailed.

Referred to the Committee on Planning and Devel- opment.

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137

ORDER AUTHORIZING ACCEPTANCE AND EX- PENDITURE OF FUNDS UNDER DEEDS EX- CISE TAX LEGISLATION FOR ADMINISTRA- TIVE SERVICES DEPARTMENT, HEALTH BENEFITS DIVISION, $450,000; SUFFOLK COUNTY JAIL, $2,300,000; REGISTRY OF DEEDS, $900,000 (DOCKET NO. 0829)

The following was received:

City of Boston Office of the Mayor

June 4, 1991. To the City Council. Dear Councillors:

I am submitting herewith an appropriation order autho- rizing the acceptance and expenditure of funds realized under Chapter 193 of the Acts of 1989 (the so-called Deeds Excise Tax Legislation).

Chapter 193 provided for an increase in the Deeds Ex- cise for three years, FY90-FY92. This legislation re- quires specific allocations of receipts: namely, not less than 75 percent for the operation of county correctional facilities, not more than 15 percent for county adminis- tration, and not more than 10 percent for "the moderni- zation and operation of the Registry of Deeds."

The accompanying order allocates $2,300,000 to the Suffolk County Jail, $450,000 for costs associated with providing health benefits to county employees and $900,000 for the Registry of Deeds with covers Regis- try 's share of Deeds Excise revenues for the entire F Y90- 92 period. Chapter 193 allows unexpended funds to be rolled into the next fiscal year and the Registry is now prepared to update their computer capabilities and imag- ing system using these revenues.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor of Boston.

Ordered. That the Mayor of the City of Boston, be, and hereby is. authorized, in accordance with G.L. c. 44. sec. 53A. to accept and expend an amount not to exceed Four Hundred Fifty Thousand Dollars ($450,000), for expenses related to the operation and maintenance of Suf- folk County departments for the period commencing July 1, 1991 through June 30, 1992. These funds are made available to the County pursuant to Chapter 193 of the Acts of 1989, which increased Deeds Excise Tax rev- enue for these purposes:

Administrative Services Department Health Benefits Division $450,000

Further Ordered, That the Sheriff of Suffolk County, acting on behalf of the County of Suffolk, be, and hereby is. authorized, in accordance with G.L. c. 44, sec. 53A, to accept and expend an amount not to exceed Two Mil- lion Three Hundred Thousand Dollars ($2,300,000), for the operation and maintenance of the Suffolk County Jail for the period commencing July 1, 1991 and ending June 30, 1992. These funds are made available to the County pursuant to Chapter 193 of the Acts of 1989, which in- creased Deeds Excise Tax revenue for these purposes: Jail $2,300,000

Further Ordered , That the Register of Deeds of Suffolk County, acting on behalf of the County of Suffolk, be, and hereby is. authorized, in accordance with G.L. c. 44, sec. 53A, to accept and expend an amount not to exceed Nine Hundred Thousand Dollars ($900,000), for the op- eration and maintenance of the Suffolk County Registry of Deeds for the period commencing July 1, 1991 through June 30. 1992. These funds are made available

to the County pursuant to Chapter 193 of the Acts of 1989, which increased Deeds Excise Tax revenue for these purposes:

Registry of Deeds $900,000

Referred to the Committee on Ways and Means.

ORDER FOR PETITION FOR SPECIAL LAW AU- THORIZING CITY TO SELL AND CONVEY CERTAIN PARCEL OF PARKLAND (DOCKET NO. 0830)

The following was received:

City of Boston Office of the Mayor

June 11, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule peti- tion to enable the City of Boston to sell and convey two hundred eighty square feet of city -owned land.

This conveyance is necessary to properly align the boundary of the city-owned parcel with the actual build- ing line of an abutting building located at 140-150 Shirley Street, Roxbury.

I urge your Honorable Body to pass this home rule peti- tion as expeditiously as possible. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause ( 1 ) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only :

Section 1 . The City of Boston is hereby authorized to sell and convey a certain parcel of parkland in said city for the purpose of aligning the parkland boundary with the northerly building line of the abutter building at 140- 150 Shirley Street, Roxbury. Said parcel, containing two hundred eighty (280) square feet, is bounded and de- scribed as follows:

Commencing at the Southeasterly corner of the parcel of land known as 140-150 Shirley Street and running N38° 42' 16" W a distance of 17.79 feet to the point of beginning;

Thence running N35° 15' 43" W a distance of 56.90 feet to a point;

Thence turning and running S69° 46' 05" W a distance of 124.44 feet to a point;

Thence turning and running S2 1 ° 03 ' 52 " E a distance of 1.25 feet to a point;

Thence turning and running N70° 00' 00" E distances of 1.40 feet and 1.20 feet, the last mentioned distance being along the present property line: to the present prop- erty corner;

Thence turning and running S38° 42' 16" E along the present property line, a distance of 56. 1 1 feet to the point of beginning.

Section 2. This act shall take effect upon its passage.

On motion of Coun. BYRNE, the rules were sus- pended: the order was passed.

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APPROPRIATION OF $284,395.41 FOR EASTERN REGIONAL LIBRARY (DOCKET NO. 0831)

The following was received:

City of Boston Office of the Mayor

June 7, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an appropriation order in the amount of $284,395.41 for the Eastern Re- gional Library from funds currently held by the Collector-Treasurer.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor of Boston.

Ordered, That from State funds received by the City under Chapter 78, sl9 of the Massachusetts General Laws and held by the Collector-Treasurer, the sum of Two Hundred Eighty-four Thousand Three Hundred Ninety-five dollars and Forty-one Cents ($284,395.41) be, and hereby is appropriated to the Board of Trustees in charge of the Library Department for the purposes of the Eastern Regional Library.

031-110-1012 Eastern Regional Public Library $284,395.41

On motion of Coun. MENINO, the rules were sus- pended; the order was passed.

To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing April 13, 1991 and ending April 19, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD APRIL 27, 1991 THROUGH MAY 3, 1991 (DOCKET NO. 0834)

The following was received:

City of Boston Office of the Mayor

June 11, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing April 27, 1991 and ending May 3, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CERTAIN INFORMATION UNDER SECTION 17F RE PRINTING CONTRACTS (DOCKET NO.

0832)

The following was received:

City of Boston Office of the Mayor

June 3, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on April 24, 1991, regarding printing contracts, please find the attached response. Sincerely,

Raymond L. Flynn, Mayor of Boston.

CRIME STATISTICS FOR PERIOD MAY 4, 1991 THROUGH MAY 10, 1991 (DOCKET NO. 0835)

The following was received:

City of Boston Office of the Mayor

June 11, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing May 4, 1991 and ending May 10, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

Vendor: Print Solutions; Address: 118 Washington Street, Holliston. MA 01746; Contract Amount (FY91): $10,700.

Print Solutions: Print Solutions provides printing serv- ices to the School Department. Its scope of services in- cluded producing student application forms in nine lan- guages.

Place on file.

CRIME STATISTICS FOR PERIOD APRIL 13, 1991 THROUGH APRIL 19, 1991 (DOCKET NO. 0833)

The following was received:

City of Boston Office of the Mayor

June 11, 1991.

CRIME STATISTICS FOR PERIOD MAY 11, 1991 THROUGH MAY 17, 1991 (DOCKET NO. 0836)

The following was received:

City of Boston Office of the Mayor

June 11, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing May 11, 1991 and ending May 17, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

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139

APPOINTMENT OF THEODORE C. LANDSMARK (DOCKET NO. 0837)

Notice was received from the Mayor of the appoint- ment of Theodore C. Landsmark as a member of the Youth Services Commission for the term expiring Janu- ary 6, 1992.

Placed on file.

DESIGNATION OF THEODORE C. LANDSMARK (DOCKET NO. 0838)

Notice was received from the Mayor of the designation of Theodore C. Landsmark as the Chairperson of the Youth Services Commission.

Placed on file.

REAPPOINTMENT OF RICHARD A. DIMINO (DOCKET NO. 0839)

Notice was received from the Mayor of the reappoint- ment of Richard A. Dimino as the City's representative on the Metropolitan Area Planning Council for a term expiring December 30, 1993.

Placed on file.

COMMUNICATION FROM SECRETARY OF THE UNITED STATES SENATE (DOCKET NO. 0840)

Communication was received from Walter J. Stewart, Secretary, United States Senate acknowledging receipt of the Resolution passed by the City Council on May 8, 1991 , regarding the Civil Rights Act of 1991 .

Placed on file.

land had a lengthy criminal record involving 34 prior charges, including possession of a machine gun on No- vember 23, 1988, three armed robberies, thirteen drug charges, including distribution of cocaine and heroin, two charges of assault and battery with a dangerous weapon, two charges of armed assault with intent to rob, five charges of assault with a dangerous weapon, and most recently on May 15, he was arraigned for armed robbery and larceny of a motor vehicle; and

Whereas, As evidenced by his criminal record, Natha- niel Lackland presented a clear danger to residents of the city and his community; and

Whereas, The cumulative record of Nathaniel Lack- land offers the city a unique opportunity to examine, in light of all that has happened, where the criminal justice system failed the residents of Boston; and

Whereas, In order to understand why a hardened crim- inal such as Nathaniel Lackland was on the streets instead of in jail, be it therefore

Ordered: That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

The Mayor is hereby respectfully requested to ascer- tain from the Boston Police Department's Legal Counsel, a full and complete chronological record of Nathaniel Lackland 's criminal history, including court appearances and the names of the justices and courts which presided over each case, as well as the disposition of each charge.

On motion of Coun. YANCEY the order was placed on the table, yeas 6, nays 3:

Yeas — Councillors Boiling, Byrne, McLaughlin, Sa- lerno, Scondras, Yancey — 6.

Nays — Councillors Iannella, Kelly, O'Neil — 3.

Voting Present — Councillors McCormack, Menino.

REPORT ON ORDER AUTHORIZING BOSTON TO ACCEPT AND EXPEND YEAR XVII CDBG FUNDS IN AMOUNT NOT TO EXCEED $19,192,000 AND FY91 RENTAL REHABILITA- TION PROGRAM FUNDS IN AMOUNT NOT TO EXCEED $546,000 (DOCKET NO. 0682)

Coun. BOLLING, on behalf of the Committee on Post Audit and Oversight, submitted the following:

Report on Docket No. 0682, message of the Mayor and order authorizing the City of Boston to accept and expend Year XVII Community Development Block Grant funds in an amount not to exceed $19,192,000 and FY91 Rental Rehabilitation Program funds in an amount not to exceed $546,000 (referred May 22) recommending pas- sage of the order.

The report was accepted; the order was passed.

CERTAIN INFORMATION UNDER SECTION 17F RE CRIMINAL HISTORY OF NATHANIEL LACKLAND (DOCKET NO. 08410

Coun. KELLY offered the following:

Whereas, On June 6, 1991 Nathaniel Lackland, 25, of Jamaica Plain was shot by a Boston Police Officer after a lengthy chase and confrontation which grew out of the mugging of a 69-year-old man in which Nathaniel Lack- land was identified as one of the assailants; and

Whereas, It was noted after the incident that Mr. Lack-

CERTAIN INFORMATION UNDER SECTION 17F RE BHA VOLUNTARY COMPLIANCE AGREE- MENT (DOCKET NO. 0842)

Coun. KELLY offered the following:

Whereas, In June of 1988 the City of Boston, the Boston Housing Authority (BHA) and the Department of Housing & Urban Development (HUD) signed a volun- tary compliance agreement (VCA); and

Whereas, Supposedly, the purpose of the VCA was to ensure that assignments to the BHA family developments would be made in a non-discriminatory, race-neutral manner; and

Whereas, Over the past three years, many BHA appli- cants have expressed concern that the only offer being made is for them to accept placement in a development where their race is in the minority; be it therefore

Ordered: That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

The Mayor is respectfully requested to obtain the fol- lowing information from Doris Bunte, Administrator of the BHA:

(1) A complete three-year numerical breakdown, by race, of all non-emergency applicants moved into each development affected by the voluntary compli- ance agreement.

(2) A complete three-year numerical breakdown,

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by race, of all emergency applicants moved into the same developments.

(3) The number of currently vacant units in each de- velopment affected by the VCA. Passed under suspension of the rules.

REQUESTING MAYOR TO INSTRUCT COMMIS- SIONER OF REAL PROPERTY DEPARTMENT CONTRACT INDUSTRIAL HYGIENIST TO TEST FLOW OF AIR AS WELL AS AIR QUAL- ITY INSIDE CITY HALL (DOCKET NO. 0843)

Coun. KELLY offered the following:

Whereas, Stagnant air inside a closed building can af- fect the work of employees as well as their health and well being; and

Whereas, Several employees have noted that the air quality inside City Hall often becomes stagnant; be it therefore

Ordered: The Mayor is hereby respectfully requested to instruct the Commissioner of the Real Property De- partment to contract the services of an industrial hygien- ist to test the flow of air as well as air quality inside City Hall at various times of the day to determine a solution to the problem; and be it further

Ordered: That the results of that investigation be made known to the City Council.

Passed under suspension of the rules.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that one late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The matter was added to the Agenda.

ORDINANCE REMOVING RESTRICTIONS ON NA- TION OF NAMIBIA FROM ORDINANCES AP- PLYING TO TRANSACTIONS INVOLVING SOUTH AFRICA (DOCKET NO. 0876)

Coun. YANCEY offered the following:

Whereas, The nation of Namibia, formerly South West Africa, gained full independence from South Africa on March 20, 1990; and

Whereas, Namibia, as a democratic nation, now needs trade to revive its economy; and

Whereas, This goal is being thwarted because laws in many cities and states were written to include Namibia, then a part of South Africa, in restrictions applying to business arrangements with nations dominated by South Africa's apartheid regime; and

Whereas, Many officials in the United States do not realize Namibia's new status — as a result of the adoption of a new flag and democratic elections — as a full-fledged member of the United Nations; and

Whereas, Massachusetts moved toward recognizing this new status in last year's legislative session when a bill on contractual restrictions was redrafted to remove men- tion of Namibia; and

Whereas, Boston should now move to make the same type of correction in the homerule statute and in two ordi- nances currently on the books; therefore be it:

Be it ordained by the City Council of Boston, as follows: Whereas, The nation of Namibia, after 75 years of South African domination, [ained its independence on March 20, 1990; and

Whereas, In two City Ordinances approved eight years before this independence was granted, Namibia was in- cluded with the Republic of South Africa in City restric- tions on firms which deal with apartheid countries; and Whereas, Namibia has been unable to develop its econ- omy because its name is still linked to South Africa on divestment laws passed by well-meaning cities and states; and

Whereas, Boston could help the struggling country by removing Namibia's name from Ordinances directed against trade with companies doing business with or in South Africa; and

Whereas, Removing the name of Namibia from Boston Ordinances would help focus attention elsewhere on the new nation's independent status; Therefore: Be It Ordained:

Section 1 — Ordinance Chapter 19 of 1984, codified as CBC Ordinances 6-3.7, is amended by striking the phrase "or Namibia" and the phrase "or to Namibia", wherever they appear in the title or text.

Section 2 — Ordinance Chapter 19 of 1986, codified as CBC Ordinances 4-3, is amended by striking the words: "or Namibia" at the end of the second para- graph.

Referred to the Special Committee on Intergov- ernmental Relations.

ORDER FOR PETITION FOR SPECIAL LAW TO REMOVE NOW INDEPENDENT COUNTRY OF NAMIBIA FROM 1984 SANCTIONS ON CITY PENSION FUND INVESTMENTS (DOCKET NO. 0844)

Coun. YANCEY offered the following: Whereas, The nation of Namibia, formerly South West Africa, gained full independence from South Af- rica on March 20, 1990; and

Whereas, Namibia, as a democratic nation, now needs trade to revive its economy; and

Whereas, This goal is being thwarted because laws in many cities and states were written to include Nami- bia, then a part of South Africa, in restrictions apply- ing to business arrangements with nations dominated by South Africa's apartheid regime; and

Whereas, Many officials in the United States do not realize Namibia's new status — as a result of the adop- tion of a new flag and democratic elections — as a full- fledged member of the United Nations; and

Whereas, Massachusetts moved toward recognizing this new status in last year's legislative session when a bill on contractual restrictions was redrafted to remove mention of Namibia; and

Whereas, Boston should now move to make the same type of correction in the homerule statute and in two ordinances currently on the books; therefore be it:

Ordered: That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for cler- ical or editorial changes of form only: Section 1

Chapter 490 of the Acts of 1984 is amended as follows: The words, "or Namibia", are stricken whenever they appear in Sections 1 , 2 and 3; the words, "or to Namibia" , are stricken when they appear in Sections 1 and 3; the words, "and Namibia related" are stricken where this phrase appears in Section 6 of the Act.

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Section 2:

Said Chapter 490 is further amended as follows: Section 7 of the Act be renumbered as Section 8 and a new section, as follows, be inserted as Section 7. Section 7: This act is retroactively effective as of March 20, 1990, on any transactions relating to businesses operating in the nation of Namibia. Referred to the Special Committee on Intergovern- mental Relations.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0845)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 1, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, July 2, 1991:

Ann Nathan, administrative assistant, $654.28 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0846)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 1, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, July 2, 1991:

Kevin Peterson, administrative assistant, $597.19 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0847)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, May 1, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, July 2, 1991:

Brooke Woodson, administrative assistant, $835.88 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0848)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 2, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Octo- ber 2, 1991:

Ann Nathan, administrative assistant, $489.59 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0849)

Coun. IANNELLA offered the following: Ordered, That effective Wednesday, July 2, 1991 the following named person be, and hereby is, appointed to

the position set against his name until Wednesday, Octo- ber 2, 1991:

Kevin Peterson, administrative assistant, $482.76 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0850)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 2, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Octo- ber 2, 1991:

Brooke Woodson, administrative assistant, $652.96 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0851)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, October 24, 1990 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, July 2, 1991:

Virginia Ferko, administrative assistant, $594.00 per week, part time, 25 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0852)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, October 24, 1990 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, July 2, 1991:

Jeanne Levesque, administrative assistant, $718.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0853)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, October 24, 1990 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, July 2, 1991:

Andrea Long, secretary, $507.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0854)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 2, 1990 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Octo- ber2, 1991:

Virginia Ferko, administrative assistant. $566.00 per week, part time, 25 hours.

Passed under suspension of the rules.

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APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0855)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 2, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Octo- ber 2, 1991:

Jeanne Levesque, administrative assistant, $690.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0856)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 2, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Octo- ber 2, 1991:

Andrea Long, secretary, $507.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0857)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 12, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Sep- tember 11, 1991:

Maureen Piraino, administrative assistant, $387.93 per week, part time, 25 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0858)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 12, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, June 19, 1991:

Gary Dotterman, secretary, $937.14 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0859)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 12, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, June 19, 1991:

Shelagh Geoghegan, secretary, $937. 14 per week, full time, 35 hours.

Passed under suspension of the rules.

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 12, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, June 19,1991:

John Mills, secretary, $937. 14 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0861)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 12, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, June 19, 1991:

Christopher Norris, secretary, $481.71 per week, part time, 25 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0862)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 19, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Sep- tember 18, 1991:

Gary Dotterman, secretary, $480.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0863)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 19, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Sep- tember 18, 1991:

Shelagh Geoghegan, secretary. $480.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0864)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 19, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Sep- tember 18, 1991:

John Mills, secretary, $480.00 per week, full time, 35 hours.

Passed under suspension of the rules.

.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0860)

APPOINTMENT OF TEMPORARY EMPLOYE (DOCKET NO. 0865)

Coun. IANNELLA offered the following: Ordered, That effective Wednesday, June 19. 1991 the following named person be, and hereby is, appointed to

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the position set against his name until Wednesday, Sep- tember 18, 1991:

Christopher Norris, secretary, $253. 14 per week, part time, 25 hours.

Passed under suspension of the rules.

STATEMENT OF COUNCILLOR MENINO

Having received unanimous consent to do so, Council- lor Menino stated that thirteen weeks ago the Council passed a cafeteria plan which allowed City employees to get a pay raise and save the City some money in the budget process. The administration has not signed said plan as of this date. Why?

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Hennigan Casey: Angela Wright (Docket No. 0866); Joseph Cimino (Docket No. 0867); Mary T. Griffin (Docket No. 0868); Mary E. McGrath (Docket No. 0869); Brinda V. Shah (Docket No. 0870); Thomas J. Lane (Docket No. 0871); Issa Kayyal (Docket No. 0872); John Daniels (Docket No. 0873).

Councillor Travaglini: Mr. and Mrs. Frank Celona (Docket No. 0874).

Councillor Yancey : Deputy Superintendent William R. Celester (Docket No. 0875).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Yancey: Robert Whittleseley (Docket No. 0877); Boston Chapter of Florida A & M University Alumni (Docket No. 0878).

The matters contained within the Consent Agenda were severally adopted.

NEXT MEETING

Coun. SALERNO moved that when the Council ad- journs today it be to meet on Wednesday, June 26, 1991 , at 1 p.m.

The motion was carried.

Adjourned at 1:30 p.m., on motion of Councillor Sa- lerno, to meet on Wednesday, June 26, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, June 26, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 2 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend John Borders of Morning Star Baptist Church, Mattapan, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITOR TO CITY COUNCIL

President IANNELLA introduced Councillor SA- LERNO who invited Councillor TRAVAGLINI and the Members of the Council to join with her in wel- coming and congratulating Diana Cerrone of East Boston, a graduate of the Boston schools who is en- tering Boston University in September, who has won a certain spelling bee five years in a row. The young woman accepted the citation and thanked the Council for giving her the opportunity to win the award.

DISAPPROVING ORDER THAT CITY CLERK DE- POSIT SUCH FUNDS AS MAY BE DUE COMMONWEALTH UNDER G.L. CHAPTER 131 TO REVOLVING FUND UNDER CON- TROL OF COLLECTOR-TREASURER (DOCKET No. 0780)

The following was received:

City of Boston Office of the Mayor

June 24, 1991.

To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body on June 5, 1991, Docket Number 0780, which purports to order the City Clerk to deposit such funds as may be due the Commonwealth under the provisions of G.L. c. 131 to a revolving fund under the provision of G.L. c. 131 to a revolving fund under the control of the City Treasurer.

My reason for disapproval is that there currently exists a City ordinance which specifically excludes funds due the Commonwealth pursuant to G.L. c. 131 from the class of funds which shall be paid into the City Treasury. City of Boston Code, Ordinances, Chapter V, Section 5-5.26. I have been advised by

the City Law Department that this order, if passed in its present form, could be legally interpreted to con- flict with this ordinance. In addition, this order vio- lates the City Charter provision which prohibits the City Council from taking part in the executive or ad- ministrative business of the City. St. 1948, c. 452, s. 17G, as appearing in St. 1951, c. 376, s. 1.

I am in agreement with the policy goals of the or- der and would support this initiative in another form. My staff is available to work with you in order to address the above-referenced legal issues.

Thank you for your efforts.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the order referred to.) Assigned for further action.

ORDINANCE FURTHER EXTENDING REGULA- TIONS ESTABLISHED BY ORDINANCE WITH RESPECT TO USE OF RECOMBINANT DNA TECHNOLOGY (DOCKET NO. 0879)

The following was received:

City of Boston Office of the Mayor

June 24, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an ordinance extending the regulations established with respect to the use of Recombinant DNA technology in the City of Boston.

The regulations are due to expire on July 1, 1991 and this ordinance will extend them until January 1, 1993.

I urge your Honorable Body to pass this ordinance expeditiously in order to keep the regulations alive. Respectfully,

Raymond L. Flynn, Mayor.

City of Boston

In the Year Nineteen Hundred and An Ordinance Further Extending Regulations Estab- lished by Ordinance with Respect to the Use of Recombinant DNA Technology.

Be it ordained by the City Council of Boston, as follows:

Section One. Section 8 of Chapter 12 of the Ordi- nances of 1981, as amended, is hereby further amended by striking the first sentence thereof, and inserting in its place, the following:

"This ordinance shall be in full force and effect until January 1, 1993."

Section Two. The remaining parts and portions of said Chapter 12 of the Ordinances of 1981 are hereby continued and confirmed to the end that said ordinance shall be deemed not to have lapsed and to be and remain continuously in force and effect until January 1, 1993 unless sooner amended, repealed or extended.

On motion of Coun. IANNELLA, the rules were suspended; the ordinance was passed.

AUTHORIZING SUFFOLK COUNTY SHERIFF TO ACCEPT AND EXPEND FUNDS NOT TO EXCEED $135,575 FOR RECOVERY UNIT

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PROGRAM AT SUFFOLK COUNTY JAIL FROM FUNDS MADE AVAILABLE THROUGH MASSACHUSETTS COMMITTEE ON CRIMINAL JUSTICE (DOCKET No. 0880)

The following was received:

City of Boston Office of the Mayor

June 25, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval three orders for the Suffolk County Jail which will permit the Sheriff to accept and expend funds received through the following federal and state grant programs:

An amount not to exceed One Hundred Thirty-five Thousand Five Hundred Seventy-five Dollars (135,575), for the operation of a Recovery Unit Pro- gram at the Suffolk County Jail for the period of July 1, 1991 through June 30, 1992. These federal funds were applied for by the Sheriff through the Massa- chusetts Committee on Criminal Justice pursuant to the U.S. Anti-Drug Abuse Act of 1988.

An amount not to exceed Ninety-one Thousand Thirty-one Dollars ($91,031), for the operation of an HIV (AIDS) Education Program at the Suffolk County Jail for the period of July 1, 1991 through June 30, 1992. These federal funds were applied for by the Sheriff through the Massachusetts Department of Public Health pursuant to the federal HIV/AIDS Prevention Cooperative Agreement in conjunction with the Center for Disease Control.

An amount not to exceed Four Hundred Twenty- five Thousand Dollars ($425,000), to provide correc- tional alternatives for a maximum of twenty detainees for the period July 1, 1991 through June 30, 1992. These funds were applied for by the Sheriff through the Executive Office for Human Services pursuant to the Pre-Trial Controlled Residential Placement Pro- gram.

I urge your Honorable Body to pass these orders as expeditiously as possible.

Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the Sheriff of Suffolk County, acting on behalf of the County of Suffolk, be and hereby is authorized to accept and expend an amount not to ex- ceed One Hundred Thirty-five Thousand Five Hun- dred Seventy-five dollars ($135,575) for the operation of a Recovery Unit Program for the period of July 1, 1991 through June 30, 1992. These federal funds are made available to the County through the Massachu- setts Committee on Criminal Justice pursuant to the Anti-Drug Abuse Act of 1988.

Referred to the Committee on Public Safety.

AUTHORIZING SUFFOLK COUNTY SHERIFF TO ACCEPT AND EXPEND FUNDS NOT TO EXCEED $425,000 TO PROVIDE CORREC- TIONAL ALTERNATIVES FOR MAXIMUM OF 20 DETAINEES FROM FUNDS MADE AVAILABLE THROUGH EXECUTIVE OFFICE FOR HUMAN SERVICES (DOCKET No. 0881).

The following was received:

City of Boston Office of the Mayor

June 25, 1991.

To the City Council. Dear Councillors:

I transmit herewith for your approval three orders for the Suffolk County Jail which will permit the Sheriff to accept abnd expend funds received through the following federal and state grant programs:

An amount not to exceed One Hundred Thirty-five Thousand Five Hundred Seventy-five Dollars (135,575), for the operation of a Recovery Unit Pro- gram at the Suffolk County Jail for the period of July 1, 1991 through June 30, 1992. These federal funds were applied for by the Sheriff through the Massa- chusetts Committee on Criminal Justice pursuant to the U.S. Anti-Drug Abuse Act of 1988.

An amount not to exceed Ninety-one Thousand Thirty-one Dollars ($91,031), for the operation of an HIV (AIDS) Education Program at the Suffolk County Jail for the period of July 1, 1991 through June 30, 1992. These federal funds were applied for by the Sheriff through the Massachusetts Department of Public Health pursuant to the federal HTV/ATDS Prevention Cooperative Agreement in conjunction with the Center for Disease Control.

An amount not to exceed Four Hundred Twenty- five Thousand Dollars ($425,000), to provide correc- tional alternatives for a maximum of twenty detainees for the period July 1, 1991 through June 30, 1992. These funds were applied for by the Sheriff through the Executive Office for Human Services pursuant to the Pre-Trial Controlled Residential Placement Pro- gram.

I urge your Honorable Body to pass these orders as expeditiously as possible.

Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the Sheriff of Suffolk County, acting on behalf of the County of Suffolk, be and hereby is authorized to accept and expend an amount not to ex- ceed Four Hundred Twenty-five Thousand Dollars ($425,000) to provide correctional alternatives for a maximum of twenty detainees for the period of July 1, 1991 through June 30, 1992. These State funds are made available to the County through the Execu- tive Office for Human Services pursuant to the Pre- Trial Controlled Residential Placement Program.

Referred to the Committee on Public Safety.

AUTHORIZING SUFFOLK COUNTY SHERIFF TO ACCEPT AND EXPEND FUNDS NOT TO EXCEED $93,031 FOR OPERATION OF HTV (AIDS) EDUCATION PROGRAM AT SUF- FOLK COUNTY JAIL FROM FUNDS MADE AVAILABLE THROUGH MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH (DOCKET No. 0882)

The following was received:

City of Boston Office of the Mayor

June 25, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval three orders for the Suffolk County Jail which will permit the Sheriff to accept and expend funds received through the following federal and state grant programs:

An amount not to exceed One Hundred Thirty-five Thousand Five Hundred Seventy-five Dollars

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(135,575), for the operation of a Recovery Unit Pro- gram at the Suffolk County Jail for the period of July 1, 1991 through June 30, 1992. These federal funds were applied for by the Sheriff through the Massa- chusetts Committee on Criminal Justice pursuant to the U.S. Anti-Drug Abuse Act of 1988.

An amount not to exceed Ninety-one Thousand Thirty -one Dollars ($91,031), for the operation of an HIV (AIDS) Education Program at the Suffolk County Jail for the period of July 1, 1991 through June 30, 1992. These federal funds were applied for by the Sheriff through the Massachusetts Department of Public Health pursuant to the federal HIV/AIDS Prevention Cooperative Agreement in conjunction with the Center for Disease Control.

An amount not to exceed Four Hundred Twenty - five Thousand Dollars ($425,000), to provide correc- tional alternatives for a maximum of twenty detainees for the period July 1, 1991 through June 30, 1992. These funds were applied for by the Sheriff through the Executive Office for Human Services pursuant to the Pre-Trial Controlled Residential Placement Pro- gram.

I urge your Honorable Body to pass these orders as expeditiously as possible.

Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the Sheriff of Suffolk County, acting on behalf of the County of Suffolk, be and hereby is authorized to accept and expend an amount not to ex- ceed Ninety-one Thousand Thirty-one Dollars ($91,031) for the operation of an HIV Education Program for the period of July 1, 1991 through June 30, 1992. These federal funds are made available to the County through the Massachusetts Department of Public Health pursuant to the HIV/AIDS Prevention Cooperation Agreement with the Center for Disease Control.

Referred to the Committee on Public Safety.

CRIME STATISTICS FOR PERIOD 5/18/91 THROUGH 5/24/91 (DOCKET NO. 0883)

The following was received:

City of Boston Office of the Mayor

June 25, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing May 18, 1991 and ending May 24, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 5/25/91 THROUGH 5/31/91 (DOCKET NO. 0884)

The following was received:

City of Boston Office of the Mayor

June 25, 1991.

To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing May 25, 1991 and ending May 31, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

COMMUNICATION FROM ATTORNEY GEN- ERAL SCOTT HARSHBARGER (DOCKET NO. 0885)

Communication was received from Attorney Gen- eral Scott Harshbarger acknowledging receipt of the resolution urging an investigation into allegations of second mortgage scams against elderly homeowners, passed by the City Council May 8, 1991 (Docket No. 0666).

Placed on file.

COMMUNICATION FROM SHIRLEY M. GREEN, SPECIAL ASSISTANT TO PRESIDENT FOR PRESIDENTIAL MESSAGES (DOCKET No. 0886)

Communication was received from Shirley M. Green, Special Assistant to the President for Presi- dential Messages and Correspondence, acknowledging a receipt of a City Council resolution.

Placed on file.

ABSENCE OF THE MAYOR (DOCKET NO. 0887)

Notice was received by the City Clerk from the Mayor of his absence from the City June 13, 1991 to June 16, 1991.

Placed on file.

ABSENCE OF THE MAYOR (DOCKET NO. 0888)

Notice was received by the City Clerk from the Mayor of his absence from the City June 16, 1991 to June 20, 1991.

Placed on file.

NOTICE FROM DEPARTMENT OF ENVIRON- MENTAL PROTECTION, WATERWAYS REG- ULATION PROGRAM (DOCKET NO. 0889)

Notice was received from the Department of Envi- ronmental Protection, Waterways Regulation Program re: license application No. W90-0524 for the Massa- chusetts Water Resources Authority.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 0890)

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CITY COUNCIL

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of May 8, 1991.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 0891)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of May 22, 1991.

Placed on file.

LATE FILED MATTER

The Chair moved that the rules be suspended and that a late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The matter was added to the Agenda.

REPORT ON ANNUAL APPROPRIATION AND TAX ORDERS FOR YEAR ENDED 6/30/92 (DOCKET NO. 0658)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0658, message of the Mayor and annual appropriation and tax orders for the year ended June 30, 1992 (referred May 8) recommending that the orders be rejected without prejudice and that the attached committee report be accepted.

As the beginning of the next fiscal year ap- proaches, the state budget process has not concluded its determination of the local aid revenues and munic- ipal funding. An agreement on the various versions of resolution aid reductions and the final outcome of the approximately 35 legislative proposals related to municipal government will determine if the City budget will need substantial reshaping.

Reductions in local aid, in addition to the $27.7 million already accounted for in the Mayor's submis- sion could be in the $25-$30 million range. However, there are a number of proposals which could cover those losses. Exemption of the overlay reserve from the Proposition 2-1/2 calculation could realize $13-26 million, depending on the inclusion of a cap on the resulting increase. We have estimated that a proposal to increase the motor vehicle excise tax minimum to $25 would result in a $1.2-$1.8-million-dollar in- crease. Another proposal being considered by the conference committee could allow the city to access pension funds to reduce the appropriation to pension costs.

The City has also signed a new agreement with the Prudential which will increase 121 A revenues by $3 million.

The outcome of the state budget is reason enough to wait for furthur consideration of the budget before the fiscal year begins. However, the Committee after its analysis and budget hearing process also has ma- jor concerns about the funding levels of certain City Departments.

One provision of the legislation governing the re- ceipt of deeds excise tax funds requires that the Reg- istry of Deeds, the House of Correction and the Suf- folk County Jail be funded in FY92 at 102-1/2 percent of the FY90 expenditures. The $400,000 un- derfunding of the Registry of Deeds, as proposed in the Mayor's submission, would result in the loss of approximately $3.6 million in deeds excise funding.

The Senate version of the state budget contains a stipulation that State funding to libraries will be con- tingent upon a Library budget which is 95% of the FY91 appropriation. The Mayor's submission does not meet this requirement. The underfunding of ap- proximately $820,000 could result in the loss of $8 million in state funding for the library.

A review of other departments brought to our at- tention underfunding in the Election Department, which does not include funding for the presidential primary and the mandated annual listing; the Police Department, which does not include funding for a cadet program even though an exam has been given; the Assessing Department, which must complete its mandated triennial revaluation and the Licensing Board, which is funded for only half the year.

Another important consideration is that no provi- sion has been made for new IRS regulations concern- ing FICA payments for part-time, temporary and sea- sonal employees which will result in additional costs to the City. The budget office is still working on the City's liability under the new regulations.

The largest potential spending problem lies on the ability of the School Committee to spend within its $374 M appropriation. Last night, the School Com- mittee voted to take necessary steps to stay within the Mayor's and the City Council's FY'92 appropriation. The Committee applauds the School Committee's lat- est round of budget reductions totaling $13.8 M. These actions by the School Committee leaves a pro- jected budget gap of $7.7 M between the authorized spending level and the School Committee's spending plan. As part of the Ways and Means budget recom- mendations, the Committee has $8.5 M in additional measures that could eliminate the remaining budget gap in the school budget.

The Committee on Ways and Means recommends that the Council reject the Mayor's proposed budget for the fiscal year beginning July 1, 1991 as submit- ted to this body on April 10, 1991. We are commit- ted to working with the Office of Budget and Pro- gram Evaluation over the next few days to make revisions before the start of the new fiscal year.

The report was accepted; the orders were rejected without prejudice.

LATE FILED MATTER

Coun. MENINO moved that the rules be suspended and that a late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The matter was added to the Agenda.

REPORT ON ORDER FOR SUPPLEMENTAL AP- PROPIRATION OF $4,000,000 FOR SCHOOL DEPARTMENT (DOCKET NO. 0685)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

JUNE 26 1991

149

Report on Docket No. 0685, message of the Mayor and order for supplemental appropriation of $4,000,000 for the School Department (referred May 22, 1991) recommending passage of the order.

The report was accepted; the order was passed, yeas 10, nays 3:

Yeas — Councillors Boiling, Hennigan Casey, Ian- nella, McCormack, McLaughlin, Menino, Salerno, Scondras, Travaglini, Yancey — 10.

Nays — Councillors Byrne, Kelly, O'Neil — 3.

ORDINANCE AMENDING THE RENTAL HOUS- ING EQUITY ORDINANCE (DOCKET NO. 0790)

Coun. BYRNE called Docket No. 0790 from the Committee on Housing under Rule 20.

An insufficient number of members having stood with him, the ordinance was not before the body.

Later in the session Coun. McCORMACK moved reconsideration of the foregoing action; reconsidera- tion prevailed.

A sufficient number of members having stood, the ordinance was before the body.

Coun. BYRNE moved that the following ordinance be substituted for Docket No. 0790:

City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance Amending the Rental Housing Equity Ordinance.

Be it ordained by the City Council of Boston, in accordance with the provisions of Massachusetts Gen- eral Laws Chapter 43B, Section 13, and any other applicable law, as follows:

Section One. City of Boston Code, Ordinances, Chapter X, Section 10-2.2 is hereby amended by in- serting after paragraph f the following paragraph:

g. Charges. The Board shall require every tenant of rent controlled housing accommodations to pay an annual charge for services provided by the Board un- der this ordinance. Such charge shall be for such services as, without limitation, the Board's cost of maintaining records; the Boards calculations of rent; and the Board's developing, mailing, and otherwise providing printed information and forms regarding rent control and other related matters. Such charge shall be established by the Board by regulation on a fiscal or calendar year basis and shall be charged per individual housing accommodation, when such hous- ing accommodation is occupied. Any such annual charge established by the Board shall be reflective of the cost incurred by the Board in providing services under this ordinance; provided however, that in no event shall such annual charge be less than twelve dollars ($12) nor more than thirty-six dollars ($36) per year per individual housing accommodation. The annual charge shall be payable to the City of Boston and the Board shall establish by regulation the time, place and manner for such payment. The Board shall insure that all charges collected pursuant to this ordi- nance are deposited with the Collector-Treasurer.

If a tenant has failed to pay such charge as re- quired, all petitions, applications or other like sub- missions filed with the Board by such tenant request- ing Board action shall be deemed defective and the Administrator shall administratively dismiss such pe- tition, application or submission. Notwithstanding anything stated in this section to the contrary, the Administrator may allow a petition, application or other submission to go forward, if a tenant who has

not paid the charge required herein shows, and the Administrator finds, good cause for such non- payment.

Section Two. This ordinance shall take effect upon its passage.

The motion for substitution was not carried, yeas 2, nays 11:

Yeas — Councillors Byrne, Kelly — 2.

Nays — Councillors Boiling, Hennigan Casey, Ian- nella, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 11.

Docket No. 0790 was passed, yeas 10, nays 3:

Yeas — Councillors Boiling, Iannella, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 10.

Nays — Councillors Byrne, Hennigan Casey, Kelly - 3.

ORDER REGARDING LEASING OF BOSTON SCHOOL BUSES IN SUMMER MONTHS TO NON-PROFIT ORGANIZATIONS (DOCKET NO. 0644)

Coun. HENNIGAN CASEY called Docket No. 0644 from the Committee on Public Education under Rule 20. Having been in Committee more than 42 days, the matter was before the body.

Coun. HENNIGAN CASEY moved passage of the order.

The motion was carried.

ORDER AUTHORIZING NEIGHBORHOOD HOUSING TRUST TO EXPEND $753,209.39 IN LINKAGE FUNDS AND TO ACCEPT AND EXPEND $2,188,815.90 IN LINKAGE FUNDS RECEIVED AND TO ACCEPT $4,129,161.63 IN LINKAGE FUNDS DUE OR EXPECTED TO BECOME DUE BY JUNE 30, 1991 (DOCKET NO. 0496)

Coun. BYRNE called Docket No. 0496 from the Committee on Housing under Rule 20. Having been in Committee more than 42 days, the matter was be- fore the body.

Coun. BYRNE moved that the following order be substituted for Docket No. 0496:

Whereas, Chapter 371 of the Acts of 1987 and Ar- ticles 26 and 26A of the Boston Zoning Code autho- rize contractual agreements between the City of Boston and developers of certain large-scale projects requiring developers to contribute to the creation of affordable housing in the City through development impact payments to the Neighborhood Housing Trust or through direct contributions to the creation of low- and moderate-income housing; and

Whereas, Chapter 371 of the Acts of 1987 and Chapter 7 of the Ordinances of 1986 established a Neighborhood Housing Trust, whose purpose is to promote the creation of affordable housing, and which, subject to the approval by the City Council and the Mayor, is authorized to accept and expend any and all funds contributed to it consistent with the purposes of the Declaration of Trust; and

Whereas, As authorized by said Chapter 371 of the Acts of 1987 and by said Articles 26 and 26A or the Boston Zoning Code and by Chapter 7 of the Ordi- nances of 1986 establishing the Neighborhood Hous- ing Trust, the Office of the Collector-Treasurer has begun collecting on behalf of the Trust linkage pay-

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ments by developers and is holding them in a sepa- rate account; and

Whereas, The Boston City Council on July 22, 1987 passed an order authorizing the Neighborhood Housing Trust to accept linkage funds payable during calendar years 1986 and 1987; and

Whereas, The Boston City Council on December 14, 1988 passed an order authorizing the Neighbor- hood Housing Trust to accept linkage payments pay- able during the balance of fiscal year 1988 and fiscal year 1989; and

Whereas, The Boston City Council on December 13, 1989 passed an order authorizing the Neighbor- hood Housing Trust to accept linkage funds payable during fiscal year 1990; and

Project

739 BOYLSTON STREET

HARVARD MEDICAL SCHOOL

INTERNATIONAL PLACE - 1

99 SUMMER ST.

CNY BUILDING NOS. 33, 34, 38, 39

20 CUSTOM HOUSE

MASSACHUSETTS GENERAL HOSPITAL

NORTHEASTERN UNIVERSITY

Whereas, Linkage payments from other developers have now become payable or are expected to become payable during fiscal year 1991; now, therefore, be it

Ordered, That the Neighborhood Housing Trust, pursuant to Chapter 371 of the Acts of 1987 and Chapter 7 of the Ordinances of 1986, is hereby au- thorized to expend the amounts listed below, the ac- ceptance of these amounts having been previously au- thorized by Order of the City Council on December 13, 1989 and received from the developers of the fol- lowing projects for the fiscal year 1991 pursuant to the Development Impact Project Agreements executed under Articles 26 and 26A of the Boston Zoning Code:

For
'iscal	Annual	Total
Year	Installment	Amount
1990	$8,571.43	$8,571.43
1990	$6,041.67	$6,041.67
1990	$422,209.53	$422,209.53
1990	$67,208.33	$67,208.33
1990	$48,072.00	$48,072.00
1990	$31,436.43	$31,436.43
1990	$120,503.00	$120,503.00
1990	$49,167.00	$49,167.00 $753,209.39

Further Ordered: That the Neighborhood Housing Trust, pursuant to Chapter 371 of the Acts of 1987 and Chap- ter 7 of the Ordinances of 1986, is hereby authorized to accept and expend the amounts listed below, these amounts being in addition to those amounts authorized to be accepted and expended by the City Council Order of December 13, 1989 and having been received from the developers of the following projects for the fiscal year 1990 pursuant to the Development Impact Project Agreements executed under Articles 26 and 26A of the Boston Zoning Code:

Project

METROPOLITAN LIFE/PRUDENTIAL INSURANCE CNY BUILDING 149 SCHRAFFTS BUILDING

For Fiscal Year 1990 1990 1990

Annual Installment $468,169.21 $1,310,445.00 $136,447.28

Total Amount $468,169.21 $1,310,445.00 $136,447.28

$1,915,061.49

Further Ordered: That the Neighborhood Housing Trust, pursuant to Chapter 371 of the Acts of 1987 and Chap- ter 7 of the Ordinances of 1986, is hereby authorized to accept the amounts listed below due on or before June 30, 1992, together with interest or penalties due, if any, from the developers of the following projects for the fiscal year 1992 pursuant to the Development Impact Project Agreements executed under Articles 26 and 26A of the Boston Zonong Code:

Project

739 BOYLSTON STREET

HARVARD MEDICAL SCHOOL

INTERNATIONAL PLACE - 1

INTERNATIONAL PLACE - 2

CNY BUILDING NOS. 33, 34, 38, 39

20 CUSTOM HOUSE

MASSACHUSETTS GENERAL HOSPITAL

OLMSTEAD PLAZA

101 MERRIMACK

90 TREMONT ST.

PRUDENTIAL

SCHRAFFTS

NORTHEASTERN UNIVERSITY

For
Fiscal	Annual	Total
Year	Installment	Amount
1991	$8,571.43	$8,571.43
1991	$6,041.67	$6,041.67
1991	$422-,209.53	$422,209.53
1991	$257,684.16	$257,684.16
1991	$48,072.00	$48,072.00
1991	$31,436.43	$31,436.43
1991	$120,503.00	$120,503.00
1991	$1,200,000.00	$1,200,000.00
1991	$27,431.00	$27,431.00
1991	$94,285.00	$94,285.00
1991	$1,800,000.00	$1,800,000.00
1991	$63,760.41	$63,760.41
1991	$49,167.00	$49,167.00 $4,129,161.63

Further Ordered: That the Neighborhood Housing Trust, pursuant to Chapter 371 of the Acts of 1987 and Chap- ter 7 or the Ordinances of 1986, is hereby authorized to accept and expend the amounts listed below which have been received from the developers of the following projects for the fiscal year 1991 pursuant to the Development Impact Project Agreements executed under Articles 26 and 26A of the Boston Housing Code:

JUNE 26 1991

151

Project

BOSTON COLLEGE 99 SUMMER ST. BOSTON UNIVERSITY 360 NEWBURY ST. CHILDREN'S HOSPITAL

The motion was carried.

The substituted order was passed.

For Fiscal Year 1991 1991 1991 1991 1991

Annual Installment $27,388.00 $67,208.33 $13,731.00 $10,551.43 $154,875.65

Total Amount $27,388.00 $67,208.33 $13,731.00 $10,551.43 $154,875.65

$273,754.41

ORDINANCE RE THE FAMILY PROTECTION ACT (DOCKET NO. 0455)

Coun. HENNIGAN CASEY called Docket No. 0455 from the table. The Chair ruled that a majority vote was required.

The ordinance was taken from the table, yeas 12, nays 1:

Yeas — Councillors Boiling, Byrne, Hennigan Casey, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — Councillor Iannella — 1.

Coun. HENNIGAN CASEY moved that the follow- ing ordinance be substituted for Docket No. 0455: City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance The Family Protection Act.

Be it ordained by the City Council of Boston, in accordance with the provisions of Massachusetts Gen- eral Laws Chapter 43B, Section 13, and any other applicable law, as follows:

Section 1.

The Boston Human Rights Ordinance, City of Boston Code, Ordinances, Title 12, Chapter 9, Sec- tion 1, Definitions. Fifteenth, "Marital Status" is hereby amended by inserting the words "and Fam- ily" after the word "Marital" and before the word "Status", and by inserting after the word "single" and before the semi-colon, the following phrase: "or the actual or supposed condition of being or having been a member of a domestic partnership or an ex- tended family registered pursuant to the laws of the City of Boston or pursuant to similar laws enacted by another jurisdiction," to hereafter read as follows:

" 'Marital and Family status' means the actual or supposed condition of being or having been married, separated or divorced or the condition of being single or the actual or supposed condition of being or hav- ing been a member of a domestic partnership or an extended family registered pursuant to the laws of the City of Boston or pursuant to similar laws enacted by another jurisdiction;"

Wherever the term "marital status" appears within the Boston Human Rights Ordinance, City of Boston Code, Ordinances, Title 12, Chapter 9, it shall be amended to read "marital and family status." Section 2.

The Boston Fair Housing Commission Ordinance, City of Boston Code, Ordinances, Title 10, Chapter 5, Section 150, "Policy of the City of Boston," is hereby amended by inserting the words "and family" after the word "marital" and before the word "sta- tus." Subsection 1(a) of Section 152, "Function; Powers and Duties of the Commission," of the Fair Housing Commission Ordinance is amended by in-

serting the words "and family" after the word "mari- tal" and before the word "status." Section 3.

The City of Boston Code, Ordinances, Title 12 is hereby further amended by adding after Chapter 9, the following new chapter:

Chapter 10. Protection of Families. Section 1. Definitions.

When used in this ordinance:

A. "Family" shall refer to the types of families defined below:

1. "Domestic Partnership" shall mean two persons who meet the following criteria and affirm that:

(1) They share basic living expenses;

(2) The assume responsibility for the welfare of their partner and any dependents registered pursuant to Section 2;

(3) They are at least eighteen (18) years of age:

(4) They are compentent to enter into a contract;

(5) They declare that they are each other's sole domestic partner.

(6) They are not married to anyone nor related to each other by blood closer than would bar marriage in the Commonwealth of Massachu- setts;

(7) They shall notify the City Clerk of any change in the status of their domestic part- nership; and

(8) They register their domestic partnership as set forth in Section 2 of this ordinance;

and their dependents as registered pursuant to Section 2.

2. "Extended Family" shall mean person(s) who meet the following criteria and affirm that:

(1) They share basic living expenses;

(2) They assume responsibility for the welfare of the othere members of the extended family and any dependents registered pursuant to Section 2;

(3) They are at least eighteen (18) years of age;

(4) They are competent to enter into a contract;

(5) They declare that they are not members of any other extended family registered pursuant to this ordinance, and if they are married or a domestic partner they declare that their spouse or domestic partner is also declaring his or her intent to be a member of the ex- pended family, and that it is not their intent

to enter into this extended family in violation of the laws of the Commonwealth of Massa- chusetts;

(6) They shall notify the City Clerk of any change in the status of their extended family; and

(7) They register their extended family as set forth in Section 2 of this ordinance.

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and their dependents as registered pursuant to Section 2.

3. "Family By Blood or Marriage" shall mean persons related by blood or by marriage pursu- ant to Massachusetts General Laws, Chapter 207, or pursuant to similar laws enacted by an- other jurisdiction.

B. "Dependent" shall mean a person registered pursuant to Section 2, who has not registered as a domestic partner or as an adult member of an extended family, and who receives signifi- cant financial or significant in-kind assistance toward her or his caretaking or costs of food, shelter, utilities, and essential household goods from the domestic partnership or extended family.

C. "Basic Living Expenses" shall mean the cost of food, shelter, utilities and essential house- hold goods. The individuals need not contrib- ute equally to the cost of these expenses. La- bor or services in kind shall be recognized as contributions to basic living expenses.

D. "Assume Responsibility for the Welfare of shall mean assume an obligation to provide, if necessary, for a person's basic living expenses and to assume joint responsibility for any other expenses of that person which arise out of a program or benefit for which that person quali- fied because of a statement filed pursuant to this ordinance, subject to the limitations con- tained in Section 6 of this ordinance.

E. "Domestic Partner" shall mean a person who meets the criteria set out in Section 1 (A) (1) of this ordinance and registers pursuant to Section 2 of this ordinance.

F. "Member of an Extended Family" shall mean a person who mets the criteria set out in Section 1 (A) (2) of this ordinance and registers pursu- ant to Section 2 of this ordinance.

Section 2. Registration.

A. Statement of Domestic Partnership or Extended Family.

1. Domestic partners or an extended family, who meet the criteria set out in either Section 1(A) (1) or (2) of this ordinance, may make an offi- cial record of their domestic partnership or ex- tended family by completing, signing, and sub- mitting to the City Clerk a statement of domestic partnership or extended family. Per- sons submitting a statement of domestic partner- ship or extended family must declare under pen- alty of perjury that they meet the criteria set out in either Section 1(A) (1) or (2) of this ordi- nance.

2. The domestic partnership statement shall include the names of the domestic partners, the date on which they became each other's domestic part- ners, and the names of any dependents of the domestic partnership.

3. The extended family statement shall include the names of all members of the extended family, the date on which the extended family was cre- ated, and the names of any dependents of the extended family.

B. Amendment of the Statement of Extended Fam- ily.

Extended families shall amend the extended family statement whenever another person joins the extended family, or one or more members of the extended family no longer meet the re- quirements of Section 1 (A) (2) of this ordi- nance. Such amendments shall not affect the continued existence of the extended family. Ex-

tended family members who decide to terminate their membership in the extended family must declare under penalty of perjury that the other members of the extended family have been noti- fied either personally or by mailing a copy of this amendment to the other members' last and usual address by certified mail.

C. Registration of Additional Dependents Domestic partners and extended families shall amend their respective registration statements whenever additional dependents become part of the domestic partnership or extended family. Only those dependents who are registered pur- suant to this section shall be considered depen- dents of a domestic partnership or extended family.

D. Termination of Domestic Partnership or Ex- tended Family, shall mean two persons who meet the following criteria and affirm that:

1. Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the City Clerk. Ter- mination of a domestic partnership shall become effective ninety (90) days after the termination statement is filed with the City Clerk, except that a domestic partnership shall terminate im- mediately upon the death of one of the partners; and provided, however, that all rights and bene- fits extended to dependents of a domestic part- nership or an extended family shall survive ter- mination of the domestic partnership or extended family of the domestic partner or ex- tended family member through whom the de- pendent obtains the right or benefit continues to assume responsibility for the welfare of the de- pendent. In the event of the death of one of the domestic partners, the surviving partner shall notify the City Clerk by sending the City Clerk a copy of the death certificate. Any person fil- ing a termination statement must declare under penalty of perjury that (1) the domestic partner- ship is terminated and (2) that the other domes- tic partner has been notified either personally or my mailing a copy of the termination statement to the other domestic partner's last and usual address by certified mail.

2. An extended family shall terminate whenever only one member of that family remains regis- tered.

E. New Statements of Domestic Partnership or Ex- tended Family

No person may file a statement of domestic partnership or extended family of which they were a member has been effectively terminated. Section 3. City Clerk

A. Records

The City Clerk shall maintain adequate records of domestic partnership and extended family statements showing which domestic partnerships and extended families have been created, termi- nated, and amended. The City Clerk shall pro- vide forms as necessary to those who request them.

B. Fees for Statements

1. The City Clerk shall charage a fee for filing a domestic partnership or extended family state- ment. The amount of this fee shall be equivalent to the fee charged to file a marriage license.

2. Payment of the filing fee shall entitle the person filing the statement on behalf of the domestic partnership or extended family to receive two copies of the statement, certified by the City

JUNE 26 1991

153

Clerk. Certification of additional copies of the statement, or of copies of amendment or termi- nation statements, shall cost three (3) dollars per copy.

C. Inspection of Statements

The City Clerk shall maintain a written record of all requests to inspect domestic partnership and extended family registration statements. This written record shall include the name of the person making the request and shall identify the particular document requested. This written record shall be available to the public upon re- quest. Section 4. Visitation Rights.

A. Health Care Facilities

1. All health care facilities, including but not lim- ited to hospitals, convalescent facilities, mental health care facilities or other long term care fa- cilities shall afford domestic partners the same visitation rights as afforded to a spouse or par- ent of a patient, and shall afford dependents of the domestic partnership the same visitation rights as afforded to a patient's child. For the purpose of visitation rights pursuant to this sec- tion, an individual who would be eligible for recognition under the laws of the City of Boston as a domestic partner or as the dependent of a domestic partnership, but who has not so regis- tered, shall be afforded such recognition upon the submission to the health care facility of a statement signed under penalty of perjury that the individual meets the requirements of a do- mestic partner or dependent as defined in this ordinance. This statement shall have no other effect beyond providing the individual with visi- tation rights equivalent to those of a spouse, child or parent of a patient. It shall be the re- sponsibility of the health care facility to inform individuals of this right upon denial of visitation where a spouse, child or parent would have been afforded visitation rights;

2. All health care facilities, including but not lim- ited to hospitals, convalescent facilities, mental health care facilities or other long term care fa- cilities, shall afford all extended family mem- bers of a patient the same visitation rights as af- forded to a family member by blood or marriage, and shall afford all dependents of the extended family the same visitation rights af- forded to a patient's child. For the purpose of visitation rights pursuant to this section, an indi- vidual who would be eligible for recognition un- der the laws of the City of Boston as an ex- tended family member or as the dependent of an extended family, but who has not so registered, shall be afforded such recognition upon the sub- mission to the health care facility of a statement signed under penalty of perjury that the individ- ual meets the requirements of a member of an extended family or dependent as defined in this ordinance. This statement shall have no other effect beyond providing the individual with visi- tation rights equivalent to those of a family member by blood or by marriage. It shall be the responsibility of the health care facility to inform individuals of this right upon denial of visitation where a family member by blood or by marriage would have been afforded visitation rights.

B. Jail, Prison, and Juvenile Correction Centers

Visitation 1. All jails, prisons and juvenile correction centers

shall afford domestic partners the same visita- tion rights afforded to a spouse or parent of an inmate, and shall afford dependents of the do- mestic partnership the same visitation rights af- forded to an inmate's child. For the purpose of visitation rights pursuant to this section, an in- dividual who would be eligible for recognition under the laws of the City of Boston as a do- mestic partner or as the dependent of a domes- tic partnership, but who has not so registered, shall be afforded such recognition upon the sub- mission to the jail, prison or juvenile correction center of a statement signed under penalty of perjury that the individual meets the require- ments of a domestic partner or dependent as de- fined in this ordinance. This statement shall have no other effect beyond providing the indi- vidual with visitation rights equivalent to those of a spouse, child or parent of an inmate. It shall be the responsibility of the jail, prison or jevenile correction center to inform individuals of this right upon denial of visitation where a spouse, child or parent would have been af- forded visitation rights;

2. All jails, prisons and juvenile correction centers shall afford all extended family members of an inmate the same visitation rights afforded a fam- ily member by blood or by marriage, and shall afford all dependents of the extended family the same visitation rights afforded to an inmate's child. For the purpose of visitation rights pursu- ant to this section, an individual who would be eligible for recognition under the laws of the City of Boston as an extended family member or as a dependent of an extended family, but who has not so registered, shall be afforded such recognition upon the submission to the jail, prison or juvenile correction center of a state- ment signed under penalty of perjury that the individual meets the requirements of an ex- tended family member or dependent as defined in this ordinance. This statement shall have no other effect beyond providing the individual with visitation rights equivalent to those of a family member by blood or by marriage. It shall be the responsibility of the jail, prison or juvenile correction center to inform individuals of this right upon denial of visitation where a family member by blood or by marriage would have been afforded visitation rights.

C. Schools and Day Care Centers

1. All schools and day care centers shall afford both members of a domestic partnership equal access to records pertaining to a dependent of the domestic partnership to the extent permissi- ble under state law. Such schools and day care centers shall afford both members of a domestic partnership the same rights and access to em- ployees in matters concerning their dependent to which any biological parent of a child enrolled in that school or day care center would be enti- 'tled.

2. All schools and day care centers shall afford adult members of an extended family equal ac- cess to records pertaining to a dependent of the extended family to the extent permissible under state law. Such schools and day care centers shall afford adult members of an extended fam- ily the same rights and access to employees in matters concerning their dependent to which any biological parent of a child enrolled in that school or day care center would be entitled.

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CITY COUNCIL

Section 5. Limitation of Liabilities

Nothing in this ordinance shall be construed to cre- ate additional legal liabilities greater than those al- ready existing under law or to create any new private causes of action; provided, however, that third parties who convey specific tangible benefits in reliance upon a statement filed in accordance with this ordi- nance shall have recourse against the domestic part- ners or members of the extended family for basic liv- ing expenses or other liabilities specifically incurred for the benefit of the domestic partnership or exten- dended family as a unit. Furthermore, a person's as- sumption of responsibility for the medical expenses of a domestic partner, extended family member or dependent pursuant to this ordinance shall not be construed to impose liability upon that person in ex- cess of the actual cost to the person's employer of extending medical benefits to the domestic partner, extended family member or dependent; and further provided that a person's assumption of responsibility for any other expenses of a domestic partner, ex- tended family member or dependent pursuant to this ordinance shall not be construed to impose liability upon that person in excess of either (1) the actual cost to the provider of extending that benefit or pro- gram to that domestic partner, extended family mem- ber or dependent, or (2) the fair market value of that program or benefit as of the date that program or benefit is extended to the domestic partner, extended family member or dependent, whichever amount is less. There shall be no joint liability for any expense incurred after a termination statement has been filed unless both domestic partners or all members of the extended family approve incurring that expense on the behalf of the domestic partnership or extended family as a unit. Section 6. Reciprocity

All rights, privileges, and benefits extended to do- mestic partnerships and extended families registered pursuant to this ordinance shall also be extended to domestic partnerships and extended families regis- tered pursuant to similar laws enacted in other juris- dictions. Section 7. Retaliation

No person who seeks the benefit of this ordinance, registers pursuant to its provisions, or assists another person in obtaining the benefits of this ordinance shall be discriminated against in any way for doing so. Any person who so discriminates shall be penal- ized in accordance with the provisions of the Boston Human Rights Ordinance. Section 8. Severability

The provisions of this ordinance are severable. If any of its provisions are held invalid by a court of competent jurisdiction, all other provisions shall con- tinue in full force and effect. Section 9. Forms

The City Clerk shall distribute copies of the fol- lowing forms to those who request them:

A. Statement of Domestic Partnership We,

Full name Date of Birth:

./_

_/_

J

Month

and

Day

Year

Full name Date of Birth:

J.

_/_

J

Year

Month Day

declare that:

(1) we share basic living expenses;

(2) we assume responsibility for each other's wel- fare and for the welfare of any dependents

listed below:

(3) we are at least eighteen years of age;

(4) we are competent to enter into a contract;

(5) we are each other's sole domestic partner;

(6) we are not married to anyone, nor related to each other by blood closer than would bar marriagae in the Commonwealth of Massachu- setts; and

(7) we shall notify the City Clerk of any change in the status of our domestic partnership.

We became each other's domestic partner on

Our domestic partnership is a family which in- cludes the following dependents:

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and correct. Signed:
Printed Name:
Date:
Signed:
Printed Name:
Date:
B. Statement of Extended Family We,
Full name Date of Birth:	/	/	/
Month and	Day		Year
Full name Date of Rirth:	/	/	/
Month and	Day		Year
Full name Date of Rirth:	/	/	/
Month and	Day		Year
Full name Date of Birth:	/	/	/

Month Day Year

declare that:

(1) we share basic living expenses;

(2) we assume responsibility for each other's wel- fare and for the welfare of any dependents listed below;

(3) we are at least eighteen years of age;

(4) we are competent to enter into a contract;

(5) we are not members of any other extended fam- ily registered pursuant to this ordinance, and if married we declare that our spouses are also declaring their intent to be a member of this extended family, and that it is hot their intent to enter into this extended family in violation of the laws of the Commonwealth of Massachu- setts; and

(6) we shall notify the City Clerk of any change in the status of our extended family.

This extended family was created on

Our extended family includes the following depen- dents:

JUNE 26 1991

155

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and correct.

Signed:

Printed Name: Date:

Signed:

Printed Name: Date:

Signed:

Printed Name: Date:

ments are true and correct. Signed:

Printed Full Name: Date:

Coun. MENINO in the Chair.

President IANNELLA in the Chair.

Signed:

Printed Name: Date:

C. Statement Terminating Domestic Partnership

I declare that:

(1) and I

are Full name of domestic partner

no longer domestic partners; and

(2) I notified my former domestic partner of this statement in person/by certified mail (please circle

one) on

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and correct.

Signed:

Printed Name:

Date:

D. Statement Amending Extended Family

We,

Full name Date of Birth:

and

Full name Date of Birth:

declare that: (1)

Month

Day

Year

Month

Day

member of our extended family; and/or (2)

Year

is no longer a

Full name

Date of Birth: / / /

Month Day Year

is now a member of our extended family.

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state- ments are true and correct.

Signed:

Printed Name:

Date:

Signed:

Printed Name: Date:

E. Statement of Additional Dependents Our domestic partnership/extended family (circle appropriate term) now includes the following addi- tional dependents:

I declare under the pains and penalties of perjury that to the best of my knowledge the foregoing state-

The motion for substitution was not carried, nays 6, nays 7:

Yes — Councillors Boiling, Byrne, Hennigan Ca- sey, McCormack, Salerno, Scondras — 6.

Nays — Councillors Iannella, Kelly, McLaughlin, Menino, O'Neil, Travaglini, Yancey — 7.

Coun. SCONDRAS moved that the matter be ta- bled.

The motion was not carried.

Docket No. 0455 was not passed, yeas 2, nays 11:

Yes — Councillors Boiling, Scondras — 2.

Nays — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Travaglini, Yancey — 11.

Coun. BYRNE moved reconsideration with the hope that reconsideration would not prevail.

Reconsideration did not prevail.

REPORT ON ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND GRANT OF $250,000 FROM U. S. DEPARTMENT OF INTERIOR UNDER URBAN PARK AND RECREATION RECOVERY ACT OF 1978 FOR REHABILITA- TION OF WINTHROP PLAYGROUND IN ROXBURY (DOCKET NO. 0410)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0410, message of the Mayor and order authorizing the City to accept and expend a grant of $250,000 from the U. S. Department of the Interior under the Urban Park and Recreation Re- covery Act of 1978 for the rehabilitation of the Win- throp Playground in Roxbury (referred March 27) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER ON AFFAIRS OF ELDERLY TO AP- PLY FOR, ACCEPT, AND EXPEND GRANT OF $1,000 FROM BOYNTON TRUST (DOCKET NO. 0205)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 0205, message of the Mayor and order authorizing the Commissioner on Affairs of the Elderly to apply for, accept, and expend a grant of $1,000 from the Boynton Trust (referred January 16) recommending passage of the order.

The report was accepted; the order was passed.

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CITY COUNCIL

REPORT ON ORDER AUTHORIZING COMMIS- SIONER ON AFFAIRS OF ELDERLY TO AP- PLY FOR, ACCEPT, AND EXPEND AMOUNT NOT TO EXCEED $100,000 FROM VARIOUS ORGANIZATIONS AND TRUSTS FOR SUP- PORT OF VARIOUS ELDERLY EVENTS (DOCKET NO. 0762)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 0762, message of the Mayor and order authorizing the Commissioner on Affairs of the Elderly to accept and expend an amount not to exceed $100,000 from various organizations and trusts for support of various elderly events (referred June 5) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF TRANSPORTATION TO ACCEPT AND EXPEND GRANT OF $220,000 FROM U. S. URBAN MASS TRANSIT ADMINIS- TRATION, BY WAY OF MBTA, TO FACILI- TATE DEVELOPMENT OF TRANSPORTA- TION MANAGEMENT ASSOCIATIONS (DOCKET NO. 0684)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the fol- lowing:

Report on Docket No. 0684, message of the Mayor and order authorizing the Commissioner of Transpor- tation to accept and expend a grant of $220,000 from the U. S. Urban Mass Transit Administration, by way of MBTA, to facilitate the development of trans- portation management associations (referred May 22) recommending passage of the order.

The report was accepted; the order was passed.

ORDER AUTHORIZING COMMISSIONER OF TRANSPORTATION TO ENTER INTO LEASE OF 14,000-SQUARE-FOOT PARCEL OF LAND ADJACENT TO TRANSPORTATION DEPARTMENT'S FACILITY AT 112 SOUTH- AMPTON STREET (DOCKET NO. 0763)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the folo- wing:

Report on Docket No. 0763, message of the Mayor and order authorizing the Commissioner of Transpor- tation to enter into a lease of 14,000 square foot par- cel of land adjacent to the Transportation Depart- ment's facility at 112 Southampton Street (referred June 5) recommending passage of the ordr.

The report was accepted; the order was passed.

CALLING UPON BUSH ADMINISTRATION AND CENTERS FOR DISEASE CONTROL TO REMOVE AIDS FROM LIST OF COMMUNI- CABLE DISEASES OF PUBLIC HEALTH SIG- NIFICANCE (DOCKET NO. 0892)

Coun. SCONDRAS offered the following:

Whereas, The 1992 International AIDS Confer- ence, which is expected to have 15,000 people in at- tendance, is scheduled to take place in Boston on May 24-29; and

Whereas, Boston is one of the leading research centers for AIDS and the conference will provide the opportunity for scientists from around the world to gather and exchange information regarding AIDS re- search; and

Whereas, The United States has placed AIDS on the list of communicable diseases of public health significance which prevents visitors and immigrants who test HIV-I- from entering the United States; and

Whereas, It has been found that AIDS is not trans- mitted through casual means such as air, water, food, and touching; and

Whereas, Louis Sullivan, the United States Secre- tary for Health and Human Services has indicated that all restrictions on visitors and immigrants with AIDS should be removed; and

Whereas, Myron Essex, the head of the Harvard AIDS Institute, which is sponsoring the conference, has indicated that if the ban on visitors and immi- grants is not lifed by August 3, 1991, the conference will be cancelled; and

Whereas, The Greater Boston Convention & Visi- tor Bureau estimates that the City of Boston will lose up to 20 million dollars in revenue if the conference is cancelled, thereby showing that prejudice is not only immoral but costly; and

Whereas, The Greater Boston Visitor Bureau has instituted a letter writing campaign to have AIDS re- moved from the list of communicable diseases of public health significance; Now Therefore Be It

Resolved, That the Boston City Council, in meet- ing assembled, calls upon the Bush administration and the Centers for Disease Control to remove AIDS from the list of communicable diseases of public health significance; And Be It Further

Resolved, That a copy of this resolution be trans- mitted to Charles McCance the Director of the Divi- sion of Quarantine at the Centers for Disease Con- trol, President Bush, and Louis Sullivan the Secretary of Health and Human Services.

Referred to the Special Committee on Public Health.

SPECIAL COMMITTEE ON INTERGOVERN- MENTAL RELATIONS TO HOLD HEARING TO DETERMINE WHETHER ELDERLY ARE AWARE OF THEIR RIGHT TO $29.90 A MONTH IN ADDITIONAL SOCIAL SECU- RITY BENEFITS (DOCKET NO. 0893)

Coun. SCONDRAS offered the following:

Whereas, Senior citizens in the City of Boston are being hit harder than ever with service cutbacks and cost of living increases; and

Whereas, Social-security payments provide the bulk of monthly resources fro many senior citizens; and

Whereas, Medicare premiums which had been de- ducted from social security paychecks were elimi- nated for seniors earning less than $6,620 a year by a federal law passed last year; and

Whereas, According to the Families United for Senior Action Foundation, elimination of these deduc- tions entitles 77,152 Massachusetts senior citizens to an additional $29.90 a month of social-security bene- fits; and

Whereas, According to Families USA, 61,718 el-

JUNE 26 1991

157

derly people in Massachusetts, 73% of those eligible for the benefits have not applied to receive them — a figure much higher than the national average; and

Whereas, According to Families USA, senior citi- zens have not applied to receive the benefits simply because they are not aware of them; now therefore be it

Ordered, That the Special Committee on Intergov- ernmental Relations shall hold a hearing to determine whether Boston's elderly are aware of their right to $29.90 a month in additional social security benefits — money that by all legal means rightfully belongs to them — and to formulate methods to better inform Boston's senior citizens regarding this issue.

Referred to the Special Committee on the El- derly.

ORDER FOR PETITION FOR SPECIAL LAW THAT PROVISIONS OF M.G.L. CHAPTER 60A, SECTION 2, AND CHAPTER 62c, SEC- TION 65, SHALL BE CONSTRUED BY COLLECTOR-TREASURER AS LIMITATION ON COLLECTION OF EXCISE TAXES (DOCKET NO. 0894)

Couns. KELLY, O'NEIL, IANNELLA, YANCEY, SCONDRAS, MENINO, TRAVAGLINI, HENNI- GAN CASEY AND BYRNE offered the following:

Whereas, The Collector-Treasurer has contracted Urban Tax Services to collect excise tax bills going back some fifteen years; and

Whereas, In a letter to taxpayers the Collector- Treasurer states that the Registry of Motor Vehicles has the option of not renewing a license where an ex- cise tax question remains unresolved; and

Whereas, The authority to withhold a license re- newal or registration is found in Chapter 653 of the Acts of 1989; and

Whereas, This legislation authorizes the Collector- Treasurer to turn over to the Registry of Motor Vehi- cles the names of alleged delinquent accounts; and

Whereas, The operative statute for collections is Chapter 60 A, section 2 and Chapter 62c, section 65, of the Mass. General Laws, and these chapters and sections state that motor vehicle excise taxes shall be collected within six years, and that this period may be extended by an agreement "in writing by the commissioner and the taxpayer . . ."; and

Whereas, The statutes previously cited are limiting in nature since Ch. 62c section 65 rewrote a previous section which allowed for a ten-year collection per- iod; and

Whereas, In a press release, dated April 30, 1991, the collector-treasurer of the city of Boston acknowl- edged that "most people do not maintain records be- yond six years," and he further expressed a "concern over the quality of the data history with respect to i Registry records," and because of these records "only those few taxpayer scofflaws which owe for multiple years will be pursued beyond the six-year limit . . ."; and

Whereas, It is the collective judgment of the city council that in the absence of a vigilant effort of the I city to notify taxpayers of alleged delinquency, and in the absence of additional notices being mailed in some instances for fifteen years, the collection efforts being conducted by Urban Tax Services may well be violative of fundamental Due Process procedures in- asmuch as taxpayers, exercising reasonable care were

not notified of an outstanding claim in a timely man- ner, and have no adequate remedy of rebuttal to an allegation of debt, be it therefore

Ordered, The following Home Rule Petition is hereby submitted:

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attached copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only —

Section One: In the city of Boston the provisions of Mass. General Laws, Ch. 60 A, section 2, and Ch. 62c, section 65, shall be construed by the Collector- Treasurer as a limitation on the collection of excise taxes beyond the six year period, except as otherwise provided in said section.

Passed under suspension of the rules.

SPECIAL COMMITTEE ON WASTE MANAGE- MENT TO HOLD HEARINGS TO CONDUCT ONE-YEAR EVALUATION OF CITY'S COM- PREHENSIVE RECYCLING PROGRAM (DOCKET NO. 0895)

Coun. SALERNO offered the following:

Whereas, The Boston City Council passed an ordi- nance Establishing A Comprehensive Recycling Pro- gram on July 25, 1990, and

Whereas, The Mayor approved the ordinance on August 13, 1990; and

Whereas, The Ordinance set specific goals and timetables for the recycling of Boston's residential waste; and

Whereas, The Ordinance required the implementa- tion of multi-material recycling opportunities in each neighborhood of Boston and the development and im- plementation of public education programs prior to implementation of neighborhood recycling programs; and

Whereas, The Ordinance requires the preparation of evaluations, reports, and recommendations, per- taining to, but not limited to, constructing and oper- ating a Materials Recovery Facility or a similar facil- ity and the City's procurement of recyclable and recycled materials; and

Whereas, The potential for increased job creation and economic development through recycling has been and is continuing to be studied by the Economic Development and Industrial Corporation of Boston; and

Whereas, EDIC of Boston has acted on its substan- tial research by encouraging companies engaged in the recycling industry to locate in Boston; therefore, be it

Ordered, That the Special Committee on Waste Management hold a public hearing to conduct a one- year evaluation of the City's Comprehensive Recy- cling Program; and be it further

Ordered, That the Special Committee on Waste Management hold a public hearing on the potential for job creation and economic development in Boston through the encouragement of public and private re- cycling.

Referred to the Special Committee on the Waste Management.

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CITY COUNCIL

ORDER FOR PETITION FOR SPECIAL LAW PROVIDING FOR DRUG-FREE ELDERLY/ HANDICAPPED HOUSING DEVELOPMENT ZONES (DOCKET NO. 0896)

Coun. SALERNO offered the following: Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section 1 . Section 32H of chapter 94C of the Gen- eral Laws, is hereby amended by striking out, in line 3, the words "and thirty -two J" and inserting in place thereof the words: "thirty-two J and thirty-two K".

Section 2. Said chapter 94C is hereby further amended by inserting after section 32 J, the following section:

Section 32K. Any person who violates the provi- sions of section thirty-two, thirty-two A, thirty- two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, or thirty-two I while in or on, or within one thousand feet of the real property comprising a elderly/handicapped multi housing family development in the City of Boston, shall be punished by a term of imprisonment in the state prison for not less than two and one-half nor more than fifteen years or by imprisonment in a jail or house of correction for not less than two nor more than two and one-half years. No sentence imposed under the provisions of this section shall be for less than a mandatory mini- mum term of imprisionment of two years. A fine of not less than one thousand nor more than ten thousand dollars may be imposed but not in lieu of the mandatory minimum two year term of im- prisonment as established herein. In accordance with the provisions of section eight A of chapter two hundred and seventy-nine such sentence shall begin from and after the expiration of the sen- tence for violation of section thirty-two, thirty- two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, or thirty-two I. For the purposes of this section the term "elderly/handicapped multi-family housing devel- opment" shall mean any building, structure, de- velopment, or complex of ten or more dwelling units under common ownership, rented or offered for rent for dwelling purposes within the City of Boston, which is specifically designed for rental by elderly or handicapped persons. Lack of knowledge of elderly/handicapped multi-family housing development boundaries shall not be a defense for any person who violates the provi- sions of this section. Section 3. Section 26 of chapter 218 of the General Laws, as amended by chapter 227 of the acts of 1989, is hereby further amended by striking the words "and section thirty-two J" and inserting in place thereof the words "thirty-two J and thirty-two K".

Referred to the Special Committee on Substance Abuse.

APPOINTMENT OF TEMPORARY EMPLOYEES (DOCKET NO. 0897)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, June 19, 1991 the following-named persons be, and hereby are, ap- pointed to the positions set against their names unti Wednesday, September 18, 1991: Brooke Woodson, secretary, $835.88 full time. Kevin C. Peterson, adm. asst. $597.19 full time. Ann Nathan, adm. asst. $654.28 full time. Madeline Cahill, adm. asst. $316.09 full time. Julie GUI, adm. asst. $498.08 full time. Maureen Feeney, secretary, $593.87 full time. Claire Ordile, adm. asst. $316.09 part time.

Mary Mulvey, adm. asst. $613.02 full time.

Eve Piemonte Stacey, adm. asst. $555.55 full time.

Shirley De Roma, secretary, $250.00 part time.

James F. Mahoney, secretary, $517.21 part time.

Eugene P. McCarthy, secretary, $517.21 part time.

Robert Kavin, adm. asst., $634.18 full time.

Marguerite Malone, secretary, $478.94 full time.

Burgess Nichols, secretary, $478.93 full time.

Michael MacDonald, Jr., secretary, $350.00 full time.

Stephen R. Mullen, secretary, $478.93 full time.

Brian J. Fish, adm. asst., $300.00 full time.

Annmarie Geary, secretary, $295.00 full time.

Carolyn Geary, adm. asst., $718.58 full time.

Paul Walkowski, adm. asst., $709.58 full time.

Virginia Ferko, adm. asst., $594.00 part time.

Jeanne Levesque, adm. asst., $718.00 full time.

Andrea Long, secretary, $507.00 full time.

Margaret Gannon, adm. asst., $643.90 full time.

Evelyn Riesenberg, secretary, $643.90 full time.

Martha Pierce, secretary, $287.36 part time.

Jack Wigon, secretary, $80.00 part time.

Elaine O'Connor, secretary, $629.22 full time.

Nancy Grilk, secretary, $521.33 full time.

Thomas Crowley, secretary, $597.91 part time.

Helen Carson, secretary, $834.56 full time.

Margaret O'Leary, adm. asst., $889.56 full time.

Gary Dotterman, secretary, $480.00 full time.

John S. Mills, secretary, $480.00 full time.

Shelagh Geoghegan, secretary, $480.00 full time.

Christopher Norris, secretary, $253.14 full time.

Thomas Bagley, adm. asst., $555.15 full time.

Charles Clabaugh, adm. asst., $526.82 full time.

Martha Bagley, secretary, $470.88 full time.

Josephine Dzygala, adm. asst., $75.00 part time.

Anthony Marmo, secretary, $65.00 part time.

Anthony Palomba, adm. asst., $288.46 part time.

Catherine Fratianni, adm. asst., $498.08 full time.

Jessica Mitchell, adm. asst., $517.24 full time.

Maureen Piraino, adm. asst., $387.93 part time.

Joyce Holland, secretary, $833.66 full time.

Richard Blackman, adm. asst., $480.00 part time.

Devonya N. Havis, secretary, $300.00 part time.

Kurt O. Sharpp, secretary, $525.00 full time.

Robert Davis, messenger clerk, $339.01 full time.

Cheryl Morris, office manager, $534.18 full time.

Bridget McMullen, receptionist, $509.28 full time.

Maureen Flynn, legis. asst., $537.93 full time.

Kathleen Coughlin, legis. asst., $402.30 full time.

John Erwin, legis. asst., $537.93 full time. Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0898)

Coun. IANNELLA offered the following: Ordered, That effective Wednesday, July 3, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until

\

JUNE 26 1991

159

Wednesday, October 2, 1991:

Kathy Shulman, secretary, $478.93 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0899)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 3, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, October 2, 1991:

Jessica Mitchell, adm. asst., $310.34 per week, full time, 35 hours.

Passed under suspension of the rules.

0917); Helen Veronica Burke (Docket No. 0918); Brookside Neighborhood Association (Docket No. 0919); North End Athletic Association (Docket No 0920).

On motion of Councillor Iannella, Rule 11 was suspended in order to add the following matter to the Consent Agenda:

Councillor Yancey: Federal Reserve Bank to con- duct public hearings on proposed acquisition of Bank of New England by Fleet/Norstar prior to finalization of acquisition (Docket No. 0921).

The matters contained with the Consent Agenda were severally adopted.

The meeting was recessed, on motion of Councillor IANNELLA, at 4:40 p.m., until Friday, June 28, 1991, at 10 a.m.

LATE FILED MATTER

The Chair moved that the rules be suspended and that a late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The matter was added to the Agenda.

REPORT ON ORDER APPROVING APPROPRIA- TION OF $550,141.49 FOR LIBRARY OF LAST RECOURSE (DOCKET NO. 0625)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0625, message of the Mayor and order approving an appropriation of $550,141.49 for the Library of Last Recourse (referred May 1) recommending passage of the order.

The report was accepted; the order was passed.

June 28, 1991. The members reassembled in the City Council Chamber on Friday, June 28, 1991, and were called to order by President IANNELLA at 10 a.m.

President IANNELLA requested that the Members and all present stand for a moment of silence, and the meeting was opened with the pledge of allegiance to the flag.

LATE-FILLED MATTERS

The Chair moved that the rules be suspended and that 34 late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried; the matters were added to the Agenda.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set fourth after each Councillor's name:

Councillor Boiling: Roxbury Neighborhood Council (Docket No. 0900).

Councillor Hennigan Casey: Salvatore Pinzone (Docket No. 0901); Maurice White (Docket No. 0902; Michelle Cote Barri McCourt (Docket No. 0903; Michael F. Rush (Docket No. 0904); Brian M. Mardirosian (Docket No. 0905); Paul J. Brannelly (Docket No. 0906); Patrick J. Brannelly (Docket No. 0907); Timothy Robishaw (Docket No. 0908).

Councillors Iannella, Menino, and Travaglini: De- claring June 28, 1991, "John Vozzella Day" (Docket No. 0909).

Councillor Boiling: Supporting continuation of present hours of operation of Uphams Corner Branch Library (Docket No. 0910).

Councillor Yancey: Faculty of James P. Timilty Middle School (Docket No. 0911); Roger F. Harris (Docket No. 0912); Dr. John R. Graves (Docket No. 0913); Stanley M. Williams (Docket No. 0914).

Councillor Salerno: Michelle Weiner (Docket No. 0915); Jamie Colucci and Dominic Boggia (Docket No. 0916); Sam and Tilly Draisen (Docket No.

APOINTMENT OF RONALD LUCCIO AS MEM- BER OF BACK BAY ARCHITECTURAL COM- MISSION (DOCKET NO. 0924)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. Mr. Patrick F McDonough, City Clerk. Dear Mr. McDonough:

Pursuant to the authority vested in me by Chapter 625 of the Acts of 1966, as amended, I hereby ap- point Ronald Luccio, Jr. of 357 Commercial Street, Boston, as a member of the Back Bay Architectural Commission for a term expiring on December 31, 1994, vice Gordon term expired.

Mr. Luccio has been nominated to serve on this commission by the Greater Boston Real Estate Board. Respectfully,

Raymond L. Flynn, Mayor.

Placed on file.

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APPOINTMENT OF JOEL PIERCE AS MEMBER OF BEACON HILL ARCHITECTURAL COM- MISSION (DOCKET NO. 0925)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. Mr. Patrick F. McDonough, City Clerk. Dear Mr. McDonough:

Pursuant to the authority vested in me by Chapter 616 of the Acts of 1955, as amended, I hereby ap- point Joel Pierce of 19 Garden Street, Boston, as a member of the Beacon Hill Architectural Commission for a term expiring on May 1, 1996, vice Beha term expired.

Mr. Pierce has been nominated to serve on this commission by the Beacon Hill Civic Association, Inc.

Respectfully,

Raymond L. Flynn, Mayor.

Placed on file.

REAPPOINTMENT OF LAWRENCE DiCARA AS MEMBER OF AUDIT COMMITTEE (DOCKET NO. 0926)

The following was received:

City of Boston Office of the Mayor

June 24, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the reappointment of Lawrence DiCara of 311 Ashmont Street, Dorchester, as a member of the Audit Committee for a term expiring November 7, 1995. I am reappointing Mr. DiCara pursuant to the authority vested in me by Chapter 190, Section 14 of the Acts of 1982, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the reappointment of Lawrence Di- Cara of 311 Ashmont Street, Dorchester, as a mem- ber of the Audit Committee for a term expiring No- vember 7, 1995 be and hereby is confirmed.

Referred to the Commission on Post Audit and Oversight.

APPOINTMENT OF ERIC E. LIRIANO AS MEM- BER OF AUDIT COMMITTEE (DOCKET NO. 0927)

The following was received:

City of Boston Office of the Mayor

June 24, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Eric E. Liriano of 126

Hamilton Street, Dorchester, as a member of the Au- dit Committee for a term expiring November 7, 1994 vice Jennings term expired. I am appointing Mr. Li- riano pursuant to the authority vested in me by Chap- ter 190, Section 14 of the Acts of 1982, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the reappointment of Eric E. Liriano of 126 Hamilton Street, Dorchester, as a member of the Audit Committee for a term expiring November 7, 1994 vice Jennings term expired be and hereby is confirmed.

Referred to the Commission on Post Audit and Oversight.

APPOINTMENT OF ELLEN PARKER AS MEM- BER OF AUDIT COMMITTEE (DOCKET NO. 0928)

The following was received:

City of Boston Office of the Mayor

June 24, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Ellen Parker of 86 West Cedar Street, Boston, as a member of the Audit Committee for a term expiring November 7, 1993 vice Finn term expired. I am appointing Ms. Parker pursuant to the authority vested in me by Chapter 190, Section 14 of the Acts of 1982, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Ellen Parker of 86 West Cedar Street, Boston as a member of the Audit Committee for a term expiring November 7, 1993 vice Finn term expired be and hereby is con- firmed.

Referred to the Commission on Post Audit and Oversight.

APPOINTMENT OF ROY NEBLETT AS MEMBER OF AUDIT COMMITTEE (DOCKET NO. 0929)

The following was received:

City of Boston Office of the Mayor

June 24, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Roy Neblett of 39 Atherton Street, Jamaica Plain, as a member of the Audit Committee for a term expiring November 7, 1992 vice Cabot term expired. I am appointing Mr.

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161

Neblett pursuant to the authority vested in me by Chapter 190, Section 14 of the Acts of 1982, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Mr. Bertman has been nominated to serve as a member of the Landmarks Commission by the Boston Society of Architects. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Roy Neblett of 39 Atherton Street, Jamaica Plain, as a member of the Audit Committee for a term expiring November 7, 1992 vice Cabot term expired be and hereby is confirmed.

Referred to the Commission on Post Audit and Oversight.

Ordered, That the appointment of Richard Bertman of 12 Hereford Street, Boston, as a member of the Landmarks Commission for a term expiring June 30, 1992, vice Ocasio term expired be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF JOHN JENNINGS AS MEM- BER OF AUDIT COMMITTEE (DOCKET NO. 0930)

The following was received:

City of Boston Office of the Mayor

June 24, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of John Jennings of 360 Silver Street, South Boston, as a member of the Au- dit Committee for a term expiring November 7, 1991 vice Watson term expired. I am appointing Mr. Jen- nings pursuant to the authority vested in me by Chapter 190, Section 14 of the Acts of 1982, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

APPOINTMENT OF PAMELA McDERMOTT AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0932)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Pamela McDermott of 201 Milton Street, Dorchester, as a member of the Landmarks Commission for a term expiring June 30, 1992, vice Weld term expired. I am appointing Ms. McDermott pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of John Jennings of 360 Silver Street, South Boston as a member of the Audit Committee for a term expiring November 7, 1991 vice Watson term expired be and hereby is con- firmed.

Referred to the Commission on Post Audit and Oversight.

Ordered, That the appointment of Pamela McDer- mott of 201 Milton Street, Dorchester, as a member of the Landmarks Commission for a term expiring June 30, 1992, vice Weld term expired be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF RICHARD BERTMAN AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0931)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Richard Bertman of 12 Hereford Street, Boston, as a member of the Land- marks Commission for a term expiring June 30, 1992, vice Ocasio term expired. I am appointing Mr. Bertman pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation.

APPOINTMENT OF THOMAS ENNIS AS MEM- BER OF LANDMARKS COMMISSION (DOCKET NO. 0933)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Thomas Ennis of 155 Corey Street, West Roxbury, as a member of the Landmarks Commission for a term expiring June 30, 1993, vice Baer term expired. I am appointing Mr. Ennis pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation.

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Mr. Ennis has been nominated to serve as a mem- ber of the Landmarks Commission by the Boston So- ciety of Landscape Architects. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Thomas Ennis of 155 Corey Street, West Roxbury, as a member of the Landmarks Commission for a term expiring June 30, 1993, vice Baer term expired be and hereby is con- firmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF PAMELA HAWKES AS MEM- BER OF LANDMARKS COMMISSION (DOCKET NO. 0934)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Pamela Hawkes of 341 Marlborough Street, Boston, as a member of the Landmarks Commission for a term expiring June 30, 1993, vice Gilmore term expired. I am appointing Ms. Hawkes pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation.

Ms. Hawkes has been nominated to serve as a member of the Landmarks Commission by the Soci- ety for the Preservation of New England Antiquities. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation.

Mr. Pisani has been nominated to serve as a mem- ber of the Landmarks Commission by the Boston So- ciety of Architects. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the reappointment of Anthony Pisani of 65 East India Row #10G, Boston, as a member of the Landmarks Commission for a term expiring June 30, 1994 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF JOHN QUATRALE AS MEM- BER OF LANDMARKS COMMISSION (DOCKET NO. 0936)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of John Quatrale of 35 Nonantum Street, Brighton, as a member of the Landmarks Commission for a term expiring June 30, 1994, vice Moss term expired. I am reappointing Mr. Quatrale pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation.

Mr. Quatrale has been nominated to serve as a member of the Landmarks Commission by the Amer- ican Planning Association. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Pamela Hawkes of 341 Marlborough Street, Boston, as a member of the Landmarks Commission for a term expiring June 30, 1993, vice Gilmore term expired be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

Ordered, That the appointment of John Quatrale of 35 Nonantum Street, Brighton, as a member of the Landmarks Commission for a term expiring June 30, 1994, vice Moss term expired be and hereby is con- firmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF ANTHONY PISANI AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0935)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the reappointment of Anthony Pisani of 65 East India Row #10G, Boston, as a member of the Landmarks Commission for a term expiring June 30, 1994. I am reappointing Mr. Pisani pursuant to the

REAPPOINTMENT OF ALAN SCHWARTZ AS MEMBER OF LANDSMARK COMMISSION (DOCKET NO. 0937)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the reappointment of Alan Schwartz of 17 Marlborough Street, Boston, as a member of the Landmarks Commission for a term expiring June 30,

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163

1994. I am reappointing Mr. Schwartz pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Alan Schwartz of 17 Marlborough Street, Boston, as a member of the Landmarks Commission for a term expiring June 30, 1994 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF JUNE HATFIELD AS ALTER- NATE MEMBER OF LANDMARKS COMMIS- SION (DOCKET NO. 0938)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of June Hatfield of 308 Union Wharf, Boston, as an alternate member of the Landmarks Commission for a term expiring June 30, 1992, vice Quatrale term expired. I am appointing Ms. Hatfield pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation.

Ms. Hatfield has been nominated to serve as an al- ternate member of the Landmarks Commission by the American Planning Association. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Chapter 772 of the Acts of 1975, and subject to your confirmation.

Mr. LeBlanc has been nominated to serve as an al- ternate member of the Landmarks Commission by the Boston Society of Landscape Architects. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the reappointment of Keith LeBlanc of 54 Waltham Street, Boston, as an alternate mem- ber of the Landmarks Commission for a term expir- ing June 30, 1992, vice Ennis term expired be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF MARIANNE ABRAMS AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0940)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Marianne Abrams of 224 Clarendon Street, Boston, as an alternate mem- ber of the Landmarks Commission for a term expir- ing June 30, 1992, vice McDermott term expired. I am appointing Ms. Abrams pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of June Hatfield of 308 Union Wharf, Boston, as an alternate member of the Landmarks Commission for a term expiring June 30, 1992, vice Quatrale term expired be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

Ordered, That the appointment of Marianne Abrams of 224 Clarendon Street, Boston, as an alter- nate member of the Landmarks Commission for a term expiring June 30, 1992, vice McDermott term expired be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF KEITH LeBLANC AS AL- TERNATE MEMBER OF LANDMARKS COM- MISSION (DOCKET NO. 0939)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the reappointment of Keith LeBlanc of 54 Waltham Street, Boston, as a member of the Land- marks Commission for a term expiring June 30, 1992, vice Ennis term expired. I am appointing Mr. LeBlanc pursuant to the authority vested in me by

APPOINTMENT OF ALYCE LEE AS ALTERNATE MEMBER OF LANDSMARK COMMISSION (DOCKET NO. 0941)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Alyce Lee of 23 Mo- raine Street, Jamaica Plain, as an alternate member of the Landmarks Commission for a term expiring June 30, 1993, vice Woo term expired. I am appoint- ing Ms. Lee pursuant to the authority vested in me

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by Chapter 772 of the Acts of 1975, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Mr. Kiefer has been nominated to serve as an alter- nate member of the Landmarks Commission by the Greater Boston Chamber of Commerce. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Alyce Lee of 23 Moraine Street, Jamaica Plain, as an alternate mem- ber of the Landmarks Commission for a term expir- ing June 30, 1993, vice Woo term expired be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

REAPPOINTMENT OF JAMES ALEXANDER AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0942)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the reappointment of James Alexander of 16 Gray Street, Boston, as an alternate member of the Landmarks Commission for a term expiring June 30, 1994. I am reappointing Mr. Alexander pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and subject to your confirmation.

Mr. Alexander has been nominated to serve as an alternate member of the Landmarks Commission by the Boston Society of Architects. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the reappointment of James Alexan- der of 16 Gray Street, Boston, as an alternate mem- ber of the Landmarks Commission for a term expir- ing June 30, 1994 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF MATTHEW J. KIEFER AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0943)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Matthew J. Kiefer of 7 Cerina Road, Jamaica Plain, as an alternate member of the Landmarks Commission for a term expiring June 30, 1994, vice Bertman term expired. I am ap- pointing Mr. Kiefer pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and sub- ject to your confirmation.

Ordered, That the appointment of Matthew J. Kiefer of 7 Cerina Road, Jamaica Plain, as an alter- nate member of the Landmarks Commission for a term expiring June 30, 1994 be and hereby is con- firmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF KATHLEEN BROOKER AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0944)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Kathleen Brooker of 57 Warren Avenue #1, Boston, as an alternate member of the Landmarks Commission for a term expiring June 30, 1994, vice Harrell term expired. I am ap- pointing Ms. Brooker pursuant to the authority vested in me by Chapter 772 of the Acts of 1975, and sub- ject to your confirmation.

Ms. Brooker has been nominated to serve as an al- ternate member of the Landmarks Commission by the Society for the Preservation of New England Antiqui- ties. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Kathleen Brooker of 57 Warren Avenue #1, Boston, as an alternate member of the Landmarks Commission for a term expiring June 30, 1994, vice Harrell term expired be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF JAMES O'DONNELL AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0945)

The following was received:

City of Boston Office of the Mayor

June 12. 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of James O'Donnell of 130 Appleton Street, Boston, as a member of the South End Landmark District Commission for a term expiring June 30, 1994. I am appointing Mr. O'Don-

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165

nell pursuant to the authority vested in me by Chap- ter 772, Section 3 of the Acts of 1975, and subject to your confirmation.

Mr. O'Donnell will serve as a resident of the northwesterly side of Tremont Street. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

772, Section 3 of the Acts of 1975, and subject to your confirmation.

Mr. Pisani will serve as a representative of the Landmarks Commission. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of James O'Donnell of 130 Appleton Street, Boston, as a member of the South End Landmark District Commission for a term expiring June 30, 1994 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

Ordered, That the appointment of Anthony Pisani of 65 East India Row #10G, Boston, as a member of the South End Landmark District Commission for a term expiring June 30, 1994 be and hereby is con- firmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF RICHARD BERTMAN AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0946)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Richard Bertman of 12 Hereford Street, Boston, as a member of the South End Landmark District Commission for a term expir- ing June 30, 1992. I am appointing Mr. Bertman pursuant to the authority vested in me by Chapter 772, Section 3 of the Acts of 1975, and subject to your confirmation.

Mr. Bertman will serve as a representative of the Landmarks Commission. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

APPOINTMENT OF NANCY WILSON AS MEM- BER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0948)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Nancy Wilson of Union Park, Boston, as a member of the South End Land- mark District Commission for a term expiring June 30, 1993. I am appointing Ms. Wilson pursuant to the authority vested in me by Chapter 772, Section 3. of the Acts of 1975, and subject to your confirma- . tion.

Ms. Wilson will serve as a resident of the south- easterly side of Tremont Street. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Richard Bertman of 12 Hereford Street, Boston, as a member of the South End Landmark District Commission for a term expiring June 30, 1992 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

Ordered, That the appointment of Nancy Wilson of 9 Union Park, Boston, as a member of the South End Landmark District Commission for a term expir- ing June 30, 1993 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF ANTHONY PISANI AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0947)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Anthony Pisani of 65 East India Row #10G, Boston, as a member of the South End Landmark District Commission for a term expiring June 30, 1994. I am appointing Mr. Pisani pursuant to the authority vested in me by Chapter

APPOINTMENT OF ALAN SCHWARTZ AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0949)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Alan Schwartz of 17 Marlborough Street, Boston, as a member of the South End Landmark District Commission for a term expiring June 30, 1994. I am appointing Mr. Sch- wartz pursuant to the authority vested in me by

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Chapter 772, Section 3 of the Acts of 1975, and sub- ject to your confirmation.

Mr. Schwartz will serve as a representative of the Landmarks Commission. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Alan Schwartz of 17 Marlborough Street, Boston, as a member of the South End Landmark District Commission for a term expiring June 30, 1994 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF JOHN NEALE AS ALTER- NATE MEMBER OF SOUTH END LAND- MARK DISTRICT COMMISSION (DOCKET NO. 0950)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of John Neale of 193 West Brookline Street, Boston, as an alternate member of the South End Landmark District Commission for a term expiring June 30, 1993. I am appointing Mr. Neale pursuant to the authority vested in me by Chapter 772, Section 3 of the Acts of 1975, and sub- ject to your confirmation.

Mr. Neale will serve as a resident of the northwest- erly side of Tremont Street. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of John Neale of 193 West Brookline Street, Boston, as an alternate member of the South End Landmark District Com- mission for a term expiring June 30, 1993 be and hereby is confirmed.

Referred to the Committee on the Environment and Public Works.

APPOINTMENT OF THOMS PLANT AS ALTER- NATE MEMBER OF SOUTH END LAND- MARK DISTRICT COMMISSION (DOCKET NO. 0951)

The following was received:

City of Boston Office of the Mayor

June 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order regarding the appointment of Thomas Plant of 43 Worcester Street, Boston, as a member of the South End Landmark District Commission for a term expir-

ing June 30, 1994. I am appointing Mr. Plant pursu- ant to the authority vested in me by Chapter 772, Section 3 of the Acts of 1975, and subject to your confirmation.

Mr. Plant will serve as a resident of the southeast- erly side of Tremont Street. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of Thomas Plant of 43 Worcester Street, Boston, as an alternate member of the South End Landmark District Commission for a term expiring June 30, 1994 be and hereby is con- firmed.

Referred to the Committee on the Environment and Public Works.

ORDER AUTHORIZING PUBLIC WORKS DE- PARTMENT TO ACCEPT AND EXPEND FUNDS FROM BRA IN AMOUNT NOT TO EXCEED $900,000 (DOCKET NO. 0923)

The following was received:

City of Boston Office of the Mayor

June 28, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order au- thorizing the Public Works Department to accept and expend nine hundred thousand dollars ($900,000) from the Boston Redevelopment Authority (BRA) for the reimbursement of the costs of the 1990 Boston Summer Youth Cleanup Campaign.

The BRA, in accordance with a vote of its Board on June 27, 1991, has agreed to provide these funds, in fulfillment of its commitment to support summer employment for the youth of the City of Boston. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the Public Works Department, act- ing on behalf of the City of Boston, be, and hereby is, authorized, in accordance with G.L. c. 44, Sec. 53A, to accept and expend funds from the Boston Redevelopment Authority, in an amount not to exceed nine hundred thousand dollars ($900,000) for reim- bursement of costs of the 1990 Boston Summer Youth Cleanup Campaign.

On motion of Coun. MENINO, the rules were sus- pended; the order was passed.

REPORT ON CURRENT FISCAL MATTERS (DOCKET NO. 0955)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

After rejecting the Mayor's first FY92 budget sub- mission, the Committee on Ways and Means worked with the Office of Budget and Program Evaluation to address some of the concerns raised during the budget process. OBPE has revised the budget in re-

JUNE 26 1991

167

sponse to these concerns; that revision is before us today.

Revisions include sufficient funding for the Library Department and the Registry of Deeds to meet the requirements for receipt of state distributions. The Police Department has been increased by $1 million to allow for thirty-two police cadets and an increase of $456,000 in the provision for overtime. Funds have been allocated to the Office of Consumer Af- fairs and Licensing for a consumer hot line. The Ad- ministration has not received a satisfactory response from the private sector for the provision of summer jobs for the youth of the City and $200,000 has been added to the Parks Department budget to address that problem. These summer jobs will also contribute to park and playground maintenance. Some funding has been restored to the Election Department to provide for the presidential primary; the Administration is looking at other ways to resolve the problem of pro- viding an annual listing.

The Committee is still very much concerned with the status of local aid and various other proposals currently before the State Legislature's Conference Committee. At this point there is still optimism that losses may be covered by proposals which would result in increased revenues or decreased City appro- priations. However, the Committee has the Mayor's commitment that he will rescind the budget, if neces- sary, once the State budget is resolved, and come back with a balanced budget for City Council ap- proval.

Current provisions of the law which govern ex- penditures in the absence of an authorized appropria- tion would allow departments to begin spending at a rate which would exceed that proposed in the May- or's budget. In order to maintain some Council con- trol over spending it is important that we have a budget in place on July 1. Other Revenues

Aside from the state distributions, there are other accounts that the Committee will be monitoring closely throughout the next fiscal year. FY92 esti- mates for nonrecurring revenues from the sale of property, building permits, and investment income could be optimistic.

Expenditures

Several departments and accounts will require con- stant monitoring during the year. Historically, police overtime and execution of courts have exceeded the Council's appropriation. Health insurance costs have been underestimated by over $4 million in the past two years. The School Committee has stated publicly that it will make a determined effort to live within its FY92 budget; we must be sure that they succeed.

Another expenditure concern that has been raised is the transfer of personnel and nonpersonnel costs from the operating budget to external funding sources such as grants, trust funds and bond chargebacks. This practice makes less money available for the tradi- tional use of those funds such as capital expenditures and community access to CDBG funds for develop- ment projects. The Committee will be reviewing these "administrative" charges periodically to ensure that they remain at a reasonable percentage. Cost Saving Measures

The Committee recommends that the Administra- tion again adopt a policy of freezing all nonessential travel and furniture and equipment purchases. The Administration must also exert more control over the unnecessary use of City vehicles.

During this fiscal year the Administration should look closely at the organization of its police and se-

curity forces. The Committee recommends that the City look at the possibility of the Municipal Police becoming a division of the Police Department, sepa- rate and distinct from Boston police officers, but un- der the ultimate direction of the Police Commis- sioner. Such a consolidation could provide a more strategic, cost-effective approach to providing police coverage throughout the City. Debt Service Account

The Committee recognizes that the City has an ob- ligation to ensure that it has sufficient budgeted funds available to meet necessary borrowing requirements. However, through the use of mayoral reallocations the Mayor has used the debt service account to spend $3 million over the total amount appropriated by the Council for departmental spending. This has been the historical practice of this administration. This is not the intent of the Tregor provision for mayoral reallo- cations. Again, we urge the Mayor to adhere to the intent of Tregor and to make reallocations for depart- mental spending only from those accounts which have been properly appropriated for departmental spending. Audit Committee

Today the Administration has submitted for Council confirmation long overdue appointments to the Audit Committee mandated by Tregor. The Committee rec- ommends that the appointments be referred to the Committee on Post Audit and Oversight for a public hearing. The Audit Committee has not completely carried out its statutory assignments in the past, par- ticularly with regard to reporting to the City Council. The City Council should review the requirements of the Tregor legislation with the proposed members and obtain a commitment from them to fulfill those requirements.

Additional Recommendations Social Security Liabilities

During the late spring, the Internal Revenue Serv- ice proposed a ruling that would require Boston and some of its employees to make several million dollars in payroll tax payments to social security. Through the efforts of Congressman Brian Donnelly, the ef- fects of this ruling has been minimized. Unfortu- nately, part-time, seasonal and temporary employees are subject to the -impacts of this Federal determina- tion. In order to avoid the costs of this ruling, the Committee recommends that the administration im- plement a new retirement contribution program that will allow these employees to meet the social security benefits criteria. State Pension Grants

In 1988, the City adopted the provisions of the Pension Reform Act of 1987. By placing the City's pension fund on a schedule to amortize the $1.4 bil- lion unfunded pension liability, the Pension Reform Act guaranteed special grants to offset the City's re- tirement costs. The Commonwealth has not complied with the provisions of these pension laws and owes Boston for these mandatory grants dating back to FY'90. The Committee recommends that the Mayor file suit against the Commonwealth for over $6 mil- lion in pension grant revenue entitled to the Boston Retirement System for fiscal years 1990 to 1992. Health Insurance

The cost of employee health benefits has increased by large margins in the past few years. Since FY'89, the City's self-insured indemnity coverage has in- creased by 50%. Without reducing coverage or ask- ing employees and retirees to pay more, the City has few easy options to reduce this cost. For FY'92, the

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Committee recommends steps to be taken to reduce the FY'93 costs. The effects of "adverse selection" has had a detrimental effect on the cost of the City's health plans. With 96% of all enrollees opting for the most expensive health plans, options to reduce these costs must be studied. The Committee recommends that the administration review a Preferred Provider Organization (PPO's) coverage for the FY'93 open enrollment. As part of this review, the Committee recommends sharing cost savings with enrollees who switch from the more expensive indemnity coverage to a lower cost option of the PPO's. Fire Training Revenue

In FY '92, the Fire Department plans to spend $1.6 M on recruit and in-service training programs. In ad- dition to these training costs, Boston homeowners and businesses pay a share of a statewide fire insur- ance assessment to fund state fire training programs. Unfortunately, Boston fire fighting personnel are un- able to have their training needs met by the state fa- cility located in central Massachusetts. In order to re- ceive Boston's fair share of state fire training funds, the Committee recommends that the mayor and the administration support a home rule petition to recoup $1.6 million in City fire training costs during FY'92.

The report was accepted.

ORDER FOR ANNUAL APPROPRIATION AND TAX ORDERS FOR FY 1992 (DOCKET NO. 0922)

The following was received:

City of Boston Office of the Mayor

June 27, 1991. To the City Council. Dear Councillors:

I retransmit herewith my proposed Fiscal Year 1992 Operating Budget for the City of Boston and the County of Suffolk. With the exceptions noted be- low, this budget is the same one as the one transmit- ted to you on May 7, 1991.

As you know, there is considerable uncertainity about Boston's actual FY92 local aid, as well as how other items in the state budget will affect the City of Boston. It is likely to be at least several weeks before these impacts are fully analyzed, even assuming that the Commonwealth has adopted a budget by the end of the current fiscal year. In addition, it may take several more weeks before cherry sheets are actually issued to cities and towns by the Department of Rev- enue.

Responsible management of City operatons requires a budget to be in place before the beginning of the fiscal year. Recognizing the uncertainties that con- tinue to face us, I assure you that I will submit to Council my recommendations for necessary adjust- ments within two weeks of receipt of Boston's cherry sheet should revisions become necessary. The benefit of having a budget in place before the beginning of the fiscal year greatly outweighs the cost of making necessary adjustments later.

This proposed budget differs from the one submit- ted May 7 in that it includes the following additional appropriations: —$1,000,000 to the Police Department to fund 32 Police cadet positions and $456,000 to the overtime account.

—$900,000 to the Boston Public Library to main- tain branch library hours and to qualify for state grant funds.

—$350,000 to the Registry of Deeds to make the Registry eligible for Deeds Excise funds for up- grading and modernizing Registry operations. —$250,000 to the Elections Department to enhance the Department's capacity to conduct three elec- tions in FY92.

—$200,000 to the Assessing Department to en- hance the work of the Assessing Information Cen- ter during the transition to quarterly tax billings. —$200,000 to the Parks Department for temporary employees to improve maintenance during peak us- age.

—$115,000 to the Office of Personnel Management to reinstate the labor-management program and to maintain the current employee assistance program. —$50,000 to the Licensing Board to enhance Board operations.

—$50,000 to the Mayor's Office of Consumer Af- fairs and Licensing to address consumer com- plaints.

—$50,000 to the Auditing Department to enhance coordination of the City's compliance with the pro- visions of Chapter 30B.

These additional appropriations total to $3,165,000. Revenues to support these additional ex- penditures come from a reduction in the recom- mended appropriation for the Public Works Depart- ment. This reduction reflects lower than anticipated costs for rubbish collection and disposal in FY92.

Both the magnitude of the cuts which I have been compelled to propose and continued uncertainty about local aid have made the FY92 budget process diffi- cult. The Council's diligence in reviewing the Pro- posed Budget in light of these circumstances is both warranted and appreciated.

While we may need to make further adjustments after final action on the state budget, it is important to the overall financial management of the City that we have a budget in place prior to the beginning of the fiscal year. In that light, I respectfully recom- mend adoption of this order by your Honorable Body. Sincerely,

Raymond L. Flynn, Mayor.

APPROPRIATION AND TAX ORDER FOR THE FISCAL YEAR COMMENCING JULY 1, 1991 AND ENDING JUNE 30, 1992

Ordered,

I. That to meet the current expenses of the City of Boston and the County of Suffolk, in the fiscal year commencing July 1, 1991 and ending June 30, 1992, the respective sums of money specified in the sched- ules hereinafter set out, be, and the same hereby are, appropriated for expenditure under the direction of the respective boards and officers severally specified, for the several specific purposes hereinafter desig- nated and, except for transfers lawfully made, for such purposes only — said appropriations, to the ex- tend they are for the maintenance and operation of parking meters, and the regulation of parking and other activities incident thereto (which is hereby de- termined to be $8,000,000), being made out of the income from parking meters and, to the extent they are for other purposes, being made out of the pro- ceeds from the sale of tax title possessions and re- ceipts from tax title redemptions, in addition to the total real and personal property taxes of prior years collected from July 1, 1990 up to and including March 31, 1991, as certified by the City Auditor un- der Section 23 of Chapter 59 of the General Laws, and out of available funds on hand (which is hereby

JUNE 26 1991

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determined to be ten million nine hundred six thou- sand six hundred twenty dollars ($10,906,620) as certified by the Director of Accounts under said Sec- tion 23, and the balance of said appropriations to be raised by taxation pursuant to said Section 29:

Further Ordered,

II. That to meet so much of the expenses of main- taining, improving and embellishing in the fiscal per- iod commencing July 1, 1991 and ending June 30, 1992, cemeteries owned by the City of Boston, or in its charge, as is not met by the income of deposits for perpetual care on hand December 31, 199(3, the respective sum of money specified in the subjoined schedule be, and the same hereby is, appropriated out of the fund set up under Chapter 13 of the Acts of 1961 — the same to be expended under the direc- tion of the Commissioner of Parks and Recreation:

015-400-3321

CEMETERY DIVISION

PARKS AND RECREATION DEPARTMENT

1. Personal Services $1,027,919

2. Contractual Services 64,000

3. Supplies and Materials 59,200

4. Current Charges and Obligations 76,000

5. Equipment 15,300

6. Other 57,581 TOTAL $1,300,000

On motion of Coun. MENINO, the rules were sus- pended; the order was passed.

REQUESTING VARIOUS STATE OFFICIALS AND INSTITUTIONS TO WORK TOWARDS INVES- TIGATION AND REVISION OF LAWS CON- CERNING JUSTICE TO WOMEN (DOCKET NO. 0952)

Coun. SALERNO offered the following:

Whereas, Recognition of domestic violence as a se- rious and widespread problem has grown in recent years; and

Whereas, Statistics regarding family violence are sobering; according to the FBI a woman is beaten in the United States every 15 seconds; the Massachu- setts Department of Public Health records that every 18 days a woman is murdered in Massachusetts by her husband or boyfriend; and in fact, 7 women have been murdered in the last 70 days in this state by their husband or boyfriend; and moreover, in 60% of homes where a woman is beaten, so too are the chil- dren abused; moreover, of boys ages 11 to 20 who have committed homicide, 63% have killed a man who was abusing their mother, and

Whereas, the Massachusetts Abuse Prevention Act, Chapter 209 A, had not been significantly updated since its passage over ten years ago; and

Whereas, On January 31st, 1991, An Act To Fur- ther Protect Abused Persons became law in Massa- chusetts, amending the existing Abuse Prevention Act of 1978 (MGL 209A), and requiring local law en- forcement agencies to explore ways to improve re- sponses to family violence, including arresting bat- terers, enforcement of protective orders; referral to family violence shelters for victim counseling; assist- ance to local groups providing treatment for bat- terers; and advocacy with other professionals in the criminal justice system to ensure that victims of fam- ily violence receive the full support of their com- munities and are not left to believe they must act

alone to defend themselves from further abuse, so as to prevent these tragically violent endings; and

Whereas, Unfortunately, had such amendments been in place prior to this date, said protection issued to victims of domestic violence might have precluded those events which gave rise to situations where vic- tims killed their abusers in self-defense or in defense of other family members; and

Whereas, Currently, ten women are incarcerated in the state of Massachusetts for killing their batterers in situations similar to that cited above, and, more- over, in situations which might have been avoided if the Act To Further Protect Abused Persons had been in effect prior to January 31, 1991; and

Whereas, Our criminal justice system has been slow to respond to the victims of domestic violence; testimony at a U.S. Congressional hearing and other research on the subject indicate that most battered women who kill their abusers have previously at- tempted, without success, to protect themselves or their children in other ways from battery, and later are held to an unreasonable standard of justification when they try to assert their right to self-defense in court; and

Whereas, Said standards developed from Old En- glish common laws based on a confrontation between two male strangers of equal force and, hence, that the requirements which justify self-defense have not been adequately expanded to encompass situations in- volving domestic violence; and

Whereas, Because of such standards of justifica- tion, victims who kill abusers in self-defense or in defense of other family members may nonetheless be convicted of or plead guilty to murder or manslaugh- ter even if the hhomicide occurred after years of se- vere, well-documented abuse; and

Whereas, These victims are not common criminals who killed for profit or vengeance; rather, they are people like ourselves, our mothers, our sisters, our children, who were driven by an unthinkable set of circumstances to perform this last desperate act or self-preservation; and

Whereas, In view of the extraordinary circum- stances surrounding their crimes, these victims de- serve a review of their sentences, so that their histo- ries as victims of domestic violence are taken into account; now, therefore be it

Resolved, That the Boston City Council in Meeting Assembled call upon the House and Senate Judiciary Committees to request the Governor to use his au- thority to direct the Board of Pardons and Paroles in consultation with Social Justice for Women, Inc., to investigate the cases of all persons who pled to or were convicted of murder or manslaughter when the offense was directly related to victimization by do- mestic violence and be it further

Resolved, That the Board of Pardons and Paroles shall contact and seek the input and recommendations of the trial officials involved in each case reviewed hereunder, including the presiding judge, the attorney representing the state, the investigating law enforce- ment agencies; and, be it further

Resolved, That the Board of Pardons and Paroles be directed to report to the governor regarding the findings of such investigations and any recommenda- tions for pardon, commutation or special paroles re- lated to these cases; and, be it further

Resolved, That the Boston City Council in Meeting Assembled call upon the House and Senate Judiciary Committee to explore potential changes in the self- defense statute which reflect issues of gender bias, namely, with respect to duty to retreat, imminent

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danger and equal force; and be it further

Resolved, That an official copy of this resolution be forwarded to the Governor of the Commonwealth of Massachusetts and the Massachusetts House and Senate Judiciary Committee as an expression of seri- ous concern from the Boston City Council.

The resolution was adopted under suspension of the rules.

CONSENT AGENDA

On motion of Councillor Iannella, Rule 11 was suspended in order to add the following matter to the Consent Agenda:

Councillor Yancey: Bruce Wall and Eugene Rivers (Docket No. 0954).

The resolution was adopted.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET 0953)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, July 3, 1991 the following named person be, and hereby is, ap- pointed to the position set against his name until Wednesday, October 2, 1991:

Peter Coakley, secretary, $625.00 per week, full time 35 hours.

Passed under suspension of the rules.

NEXT MEETING

Coun. MENINO moved that when the Council ad- journ today it be to meet again on Wednesday, July 10, 1991, at 2 p.m.

The motion was carried.

Adjourned at 10:15 a.m., on motion of Coun. MENINO, top meet on Wednesday, July 10, 1991, at 2 p.m.

All debate of City Council eliminated from pro- ceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

PRINTING SECTION

CITY COUNCIL

173

CITY OF BOSTON

Proceedings of City Council

Wednesday, July 10, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 2 p.m. , President IANNELLA in the chair. Absent, Councillor McCormack.

INVOCATION

Reverend Daniel P. Hegarty, St. Anthony's Church, Allston, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

Upon completion of the roll call, the Clerk, on instruc- tion of the Council President, read aloud City Council Rule 29.

VISITORS TO CITY COUNCIL

President IANNELLA presented Councillor HENNI- GAN CASEY who presented to Joseph E. Walsh a cita- tion of congratulation and best wishes, on behalf of the City Council, as he retires from nearly four decades of service as Branch Librarian of the Boston Public Li- brary's Kirstein Business and Statistical Bureau. Mr. Walsh thanked the members of the Council for their good wishes and praised the importance of the Kirstein Busi- ness Branch to the people of Boston, particularly the business community.

President IANNELLA presented Councillor BOLL- ING who presented, on behalf of the City Council, a res- olution congratulating Saphne and Leonard Matthews, owners of the Silver Slipper Restaurant in Roxbury, on their service to the community.

DISAPPROVING ORDER THAT COLLECTOR- TREASURER TAKE STEPS TO PREVENT DEPOSIT OF CITY FUNDS WITH FINANCIAL INSTITUTIONS ENGAGING IN "HARDLEND- ING" PRACTICES AND WHICH VIOLATE CERTAIN PROPOSED COMMUNITY RECOM- PENSE STANDARDS (DOCKET NO. 0782)

The following was receive'd:

City of Boston Office of the Mayor

June 28, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body on June 5, 1991, Docket Number 0782, which purports primar- ily to order the City Treasurer to take various steps to prevent the deposit of City funds with financial institu-

tions which engage in "hardlending" practices and which violate certain proposed community recompense standards.

My reason for disapproval is that this order violates the City Charter provision which prohibits the City Council from taking part in the executive or administrative busi- ness of the City and the making of City contracts. St. 1948, c. 452, s. 17G, as appearing in St. 1951, c. 376, s. 1.

Although I must disapprove this order, I recognize and agree with the Council's concerns. Therefore, I have re- cently requested that the Community Banking Commis- sion collect data regarding possible bank involvement in the "second mortgage scam." This past Monday, a public hearing was held to receive comment from the represent- atives of the banking industry and various community groups on a proposed draft questionnaire. The data col- lected will be analyzed and incorporated into the existing Linked Deposit Program evaluations contained in the Community Banking Commission's Report to the Mayor. Consistent with the operation of the Linked De- posit Program, a bank which receives an unsatisfactory grade would then be ineligible for City deposits. Sincerely,

Raymond L. Flynn, Mayor of Boston.

(Annexed hereto is the order referred to.)

Assigned for further action.

DISAPPROVING ORDER THAT COMMISSIONER OF REAL PROPERTY CONTRACT SERVICES OF INDUSTRIAL HYGIENIST TO TEST FLOW OF AIR QUALITY IN CITY HALL (DOCKET NO. 0843)

The following was received:

City of Boston Office of the Mayor

June 28, 1991 To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body on June 12, 1991, Docket Number 0843, which requests that I instruct the Commissioner of the Real Property Depart- ment to contract the services of an industrial hygienist to test the flow of air and air quality in City Hall and orders that the results of those investigations be made known to the City Council.

My reason for disapproval is that, to the extent this order is more than a request, it violates the City Charter provision which prohibits the City Council from taking part in the executive or administrative business of the City and the making of City contracts. St. 1948, c. 452, s. 17G, as appearing in St. 1951, c. 376, s. 1.

However, I would like to bring to your attention that under the City's Capital Plan, the Public Facilities De- partment, in coordination with the Real Property Depart- ment is conducting a heating ventilating and air condi- tioning project which will upgrade the twenty-year-old H. V.A.C. system in City Hall. This project will not only reduce energy consumption, but will dramatically im- prove air flow and balance temperatures throughout the building.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Assigned for further action.

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GRANT OF $6,577 TO COMMISSIONER ON AF- FAIRS OF ELDERLY FOR SENIOR COMPAN- ION PROGRAM (DOCKET NO. 0956)

The following was received:

City of Boston Office of the Mayor

July 8, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend additional grant funds in the amount of $6,577 for the continued operation of the Sen- ior Companion Program in the City of Boston. These funds are made available to the City from ACTION, the federal volunteer agency, authorized under the Domestic Volunteer Act of 1973 (42 U.S.C. 5013).

These funds will be used to pay salary, stipends, meals, transportation and other services for 45 companions who participate in this program. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the Commissioner on Affairs of the El- derly of the City of Boston, acting on behalf of the City of Boston be, and hereby is, authorized to apply for funds in the amount of six thousand five hundred seventy-seven dollars ($6,577) under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5013) from ACTION, the federal volunteer agency, for the operation of a Senior Compan- ion Program in the City of Boston, for the period of Janu- ary 1, 1991 through December 31, 1991; in connection therewith, to execute and deliver such documents as may be required by the federal government; to act as autho- rized representative of the City of Boston in connection with said application; and, in accordance with G.L. c. 44, sec. 53A, to accept and expend such funds for the purpose for which granted.

Referred to the Special Committee on the Elderly.

Ordered: That the Commissioner on Affairs of the El- derly of the City of Boston, acting on behalf of the City of Boston be, and hereby is, authorized to apply for funds in the amount of two thousand seven hundred ninety-nine dollars ($2,799) under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001) from ACTION, the federal volunteer agency, for the operation of a Retired Senior Volunteer Program in the City of Boston, for the period of January 1, 1991 through December 31, 1991; in con- nection therewith, to execute and deliver such documents as may be required by the federal government; to act as authorized representative of the City of Boston in connec- tion with said application; and, in accordance with G.L. c. 44, sec. 5 3 A, to accept and expend such funds for the purpose for which granted.

Referred to the Special Committee on the Elderly.

GRANT OF $25,144 TO COMMISSIONER ON AF- FAIRS OF ELDERLY FOR SENIOR COMPAN- ION SUPPLEMENT PROGRAM (DOCKET NO. 0958)

The following was received:

City of Boston Office of the Mayor

July 8, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend additional grant funds in the amount of $25,144 for the continued operation of the Senior Companion Supplement Program in the City of Boston. These funds are made available to the City under G.L. c. 19A from the Massachusetts Executive Office of Elder Affairs.

These funds will be used to supplement the salary, sti- pends, meals, transportation and other services for 45 companions who participate in this program. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

GRANT OF $2,799 TO COMMISSIONER ON AF- FAIRS OF ELDERLY FOR RETIRED SENIOR VOLUNTEER PROGRAM (DOCKET NO. 0957)

The following was received:

City of Boston Office of the Mayor

July 8, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend additional grant funds in the amount of $2,799 for operation of the Retired Senior Vol- unteer Program in the City of Boston. These funds are made available to the City from ACTION, the federal volunteer agency, authorized under the Domestic Volun- teer Act of 1973 (42 U.S.C. 5001).

These funds will be used to pay salaries of staff operat- ing the program with 815 senior volunteers. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the Commissioner on Affairs of the El- derly of the City of Boston, acting on behalf of the City of Boston be, and hereby is, authorized to apply for funds in the amount of twenty-five thousand one hundred and forty-four dollars ($25, 144) under G.L. c. 19A from the Massachusetts Executive Office of Elder Affairs in sup- port of the Senior Companion Supplement Program (SCP) for the period of July 1, 1991 through June 30, 1992; in connection therewith, to execute and deliver such documents as may be required by the federal or state government; to act as authorized representative of the City of Boston in connection with said application; and, in accordance with G.L. c. 44, sec. 53A, to accept and expend such funds for the purposes for which granted.

Referred to the Special Committee on the Elderly.

RENEWAL GRANT OF $9, 140 TO COMMISSIONER ON AFFAIRS OF ELDERLY FOR RETIRED SENIOR VOLUNTEER SUPPLEMENT PRO- GRAM (DOCKET NO. 0959)

The following was received:

City of Boston Office of the Mayor

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175

July 8, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend renewal grant funds in the amount of $9, 140 for the continued operation of the Re- tired Senior Volunteer Supplement Program in the City of Boston. These funds are made available to the City under G.L. c. 19A from the Massachusetts Executive Office of Elder Affairs.

These funds will be used to supplement the salaries of staff operating the program with 700 senior volunteers. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the Commissioner on Affairs of the El- derly of the City of Boston, acting on behalf of the City of Boston be, and hereby is, authorized to apply for funds in the amount of nine thousand one hundred and forty dol- lars ($9, 140) under G.L. c. 19A from the Massachusetts Executive Office of Elder Affairs in support of the Re- tired Senior Volunteer Supplement Program (RSVP) for the period July 1, 1991 through June 30, 1992; in con- nection therewith, to execute and deliver such documents as may be required by the federal or state government; to act as authorized representative of the City of Boston in connection with said application; and, in accordance with G.L. c. 44, sec. 53A, to accept and expend such funds for the purposes for which granted.

Referred to the Special Committee on the Elderly.

GRANT OF $408,710 TO COMMISSIONER ON AF- FAIRS OF ELDERLY FOR SENIOR AIDES PRO- GRAM (DOCKET NO. 0960)

The following was received:

City of Boston Office of the Mayor

July 8, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend additional grant funds in the amount of $408,710 for operation of the Senior AIDES Program in the City of Boston. These funds are made available to the City from the U.S. Department of Labor through the National Council of Senior Citizens under the Older Americans Act of 1965, Title V, as amended (PL. 100-175) for the period July 1, 1991 through June 30, 1992.

These funds will be used for employment, training and other services for 86 Senior AIDES who participate in this program. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the Commissioner on Affairs of the El- derly of the City of Boston, acting on behalf of the City of Boston be, and hereby is, authorized to apply for funds in the amount of four hundred eight thousand seven hundred ten dollars ($408,710) from the United States Depart- ment of Labor through the National Council of Senior

Citizens under Title V of the Older Americans Act as amended (PL. 100-175) for the period July 1, 1991 through June 30, 1992, for the Senior AIDES Program; in connection therewith, to execute and deliver such doc- uments as may be required by the federal government; to act as authorized representative of the City of Boston in connection with said application; and, in accordance with G.L. c. 44, sec. 53A, to accept and expend such funds for the purposes for which granted. Referred to the Special Committee on the Elderly.

GRANT OF $35,000 TO OFFICE OF PERSONNEL MANAGEMENT FROM STATE DEPARTMENT OF INDUSTRIAL ACCIDENTS (DOCKET NO. 0961)

The following was received:

City of Boston Office of the Mayor

July 1, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Director of the Office of Personnel Manage- ment to accept and expend on behalf of the City of Boston, funds in an amount not to exceed thirty-five thousand dollars ($35,000) from the Department of In- dustrial Accidents of the Commonwealth of Massachu- setts.

These funds are made available through a grant from the Commonwealth for the purpose of health and safety committee training. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Whereas, The City's Labor-Management Cooperation Program, administered by the Office of Personnel Man- agement, has been leading the effort to train the labor- management health and safety committees as established in collective bargaining agreements; and

Whereas, The Commonwealth of Massachusetts has awarded a grant to the City of Boston through the Labor- Management Cooperation Program, for the purpose of training labor and management health and safety com- mittee members; now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized in accordance with Section 53A of Chapter 44 of the General Laws, to accept and expend funds in an amount not to exceed thirty-five thousand dollars ($35,000) from the Com- monwealth of Massachusetts for health and safety com- mittee training and education.

Referred to the Committee on Ways and Means.

CRIME STATISTICS FOR PERIOD JUNE 8, 1991 THROUGH JUNE 14, 1991 (DOCKET NO. 0962)

The following was received:

City of Boston Office of the Mayor

July 9, 1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the

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period commencing June 8, 1991 and ending June 14, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

JITNEY APPLICATION (DOCKET NO. 0963)

Petition was received from New England Livery Serv- ice LTD.. for license to operate motor vehicles for the carriage of passengers for hire over certain streets in Boston.

Referred to the Committee on Commerce and Transportation.

JITNEY APPLICATION (DOCKET NO. 0964)

Petition was received from Paul Revere Transportation Company, for license to operate motor vehicles for the carriage of passengers for hire over certain streets in Boston.

Referred to the Committee on Commerce and Transportation.

REAPPOINTMENT BY THE MAYOR (DOCKET NO. 0965)

Notice was received from the Mayor of the reappoint- ment of William Walczak as a member of the Parks and Recreation Commission for a term expiring on April 30,1995.

Placed on file.

COMMUNICATION FROM MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (DOCKET NO. 0966)

Communication was received from Jane A. Chmielinski, Environmental Coordinator, MBTA re: MBTA Wood Island Station Improvements.

Placed on file.

COMMUNICATION FROM PUBLIC WORKS COM- MISSION, OFFICE OF SECRETARY (DOCKET

NO. 0967)

Communication was received from Marilyn P. Cor- rado. Public Works Commission, Office of the Secretary re: approval of work done by the City in the improvement of sections of roads under memorandums of agreement #34154, 34157, 34158, and 34160.

Placed on file.

NOTICE FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 0968)

Notice was received from the Department of Public Utilities of a hearing on July 12, 1991 , re Boston Edison Company.

Placed on file.

REPORT ON ORDINANCE PROHIBITING MANU- FACTURE, DESIGN OR SALE OF EXECUTION MACHINERY WITHIN CITY (DOCKET NO. 0113)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 01 13, ordinance prohibiting the manufacture, design, or sale of execution machinery within the City (referred July 19) recommending the or- dinance be placed on file.

The report was accepted; the ordinance was placed on file.

REPORT ON ORDER THAT PERSONNEL DEPART- MENT MAKE EVERY EFFORT TO PROVIDE CERTAIN ALTERNATIVES TO LAYOFFS (DOCKET NO. 0394)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 0394, order that the Personnel Department make every effort to provide certain alterna- tives to layoffs (referred March 6) recommending the or- der be placed on file.

The report was accepted; the order was placed on file.

RESOLUTION THAT CITY COUNCIL EXPRESS ITS OPPOSITION TO PROPOSED MBTA FARE IN- CREASES (DOCKET NO. 0783)

Coun. SCONDRAS called Docket No. 0783 from the Committee on City and Neighborhood Services under Rule 20. A sufficient number of members having stood with him, the resolution was before the body.

Coun. SCONDRAS moved that the resolution be adopted under suspension of the rules.

The resolution was adopted under suspension of the rules.

LATE FILED MATTER

Coun. IANNELLA offered the following:

Whereas, According to reports, the Governor is con- templating a veto of certain funds appropriated to the M.B.T.A. by the legislature; and

Whereas, In response, the M.B.T.A. Board is ex- pected to act shortly to replace these revenues by enacting a transportation tax in the form of a fare increase, there- fore be it

Ordered, That this emergency preamble be adopted to the end that the rules are suspended and the order accom- panying this order is properly before the body.

Passed under suspension of the rules.

REQUESTING MAYOR EXERT ALL POSSIBLE POWER AND INFLUENCE TO PREVENT PRO- POSED MBTA FARE INCREASE (DOCKET NO. 0994)

Coun. IANNELLA offered the following: Whereas, According to reports, the Governor is con- templating a veto of certain funds appropriated to the M.B.T.A. by the legislature; and

Whereas, In response, the M.B.T.A. Board is ex- pected to act shortly to replace these revenues by enacting

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177

a transportation tax in the form of a fare increase, thereby encouraging additional automobiles to clog the streets of Boston, pollute our air, discourage retail sales and other economic activity; and

Whereas, This 'back door' tax increase is regressive, falling hardest upon those least able to afford it; and

Whereas, The proposed action of the Board of Direc- tors will discriminate against residents of Boston as the increases in commuter rail fares are, by percentage, penny for penny, mile for mile, and trip by trip, higher in Boston than anywhere else in the system; and

Whereas, The proposed action of the Board of Direc- tors will discriminate against residents of Boston as the increases in rapid transit fares, the most common fare paid by residents of Boston, are, by percentage, penny for penny, mile for mile, and trip by trip, higher than those proposed for buses and suburban express buses; and

Whereas, Whether judged by number of trains availa- ble, miles covered, fare per passenger mile, hours of service, stations served, or any other objective measure, the proposed fares would be the highest in the nation; and

Whereas, The Mayor has, by far, the greatest vote on the M.B.T.A. Advisory Board, and has at his disposal the services of our Law Department, therefore be it

"Ordered , That His Honor, the Mayor be , and hereby is , requested to exert all possible power and influence to pre- vent the proposed fare increase, including instructing the Boston representative to the Advisory Board to oppose the same, and requesting the Corporation Counsel to bring suit to block any increase voted.

Passed under suspension of the rules.

URGING MAYOR AND BOSTON ELECTION COM- MISSION TO ASSIST PROJECT ATREVETE IN ALL EFFORTS TO REGISTER NEW VOTERS (DOCKET NO. 0969)

Couns. BOLLING and IANNELLA offered the fol- lowing:

Whereas, The right to vote is a fundamental tenet of representative democracy; and

Whereas, Hispanic electoral participation in the City of Boston is relatively low in comparison to other ethnic and racial communities; and

Whereas, The Commonwealth of Puerto Rico and the Boston Chapter of the National Congress for Puerto Ri- can Rights are sponsoring a campaign known as Project Atrevete to register over 10,000 Boston residents of Puerto Rican and Hispanic background; and

Whereas, Project Atrevete will be in effect from July 13, 1991 to October 15, 1991; and

Whereas, The organizers of Project Atrevete are seek- ing the appointment of fifty (50) volunteer, bilingual as- sistant registrars to assist the Election Department in reg- istering new voters; therefore be

Resolved, That the Boston City Council, in meeting issembled, fully supports Project Atrevete and urges the Mayor and the Boston Election Commission to assist i^oject Atrevete in any and all efforts to register new 'Oters; and be it further

h Ordered, That the City Clerk forward a copy of this esolution to his Honor, the Mayor and the Chairwoman 'f the Boston Election Commission. i Passed under suspension of the rules.

Coun. IANNELLA called up, under unfinished busi- ness, No. 12 on the Calendar, viz.:

12. Message disapproving order re deposit of State Division of Fisheries and Wildlife Funds.

The order was passed notwithstanding the disapproval of the Mayor, yeas 1 1 , nays 0:

Yeas — Councillors Boiling, Hennigan Casey, Ian- nella, Kelly, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 11.

Nays — 0.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0970)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 10, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Octo- ber 9, 1991:

Anthony Marmo, secretary, $500.00 per week, part time, 20 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0971)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, August 28, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, No- vember 27, 1991:

Anthony Marmo, secretary, $65.00 per week, part time, 20 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0972)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 10, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Octo- ber 9, 1991:

Stephen Mullen, secretary, $438.90 per week, full time, 35 hours.

Passed under suspension of the rules.

>ISAPPROVING ORDER RE DEPOSIT OF STATE DIVISION OF FISHERIES AND WILDLIFE FUNDS (DOCKET NO. 0780)

ORDINANCE RE SEIZURE OF AMPLIFICATION OR SOUND-PRODUCING EQUIPMENT WHEN CAUSING NOISE VIOLATION (DOCKET NO.

0973)

Couns. HENNIGAN CASEY, SALERNO, O'NEIL, SCONDRAS, KELLY and BOLLING offered the fol- lowing:

City of Boston In the Year Nineteen Hundred and An Ordinance Seizure of Amplification or Sound- Producing Equipment When Causing Noise Viola- tions

Be it ordained by the City Council of Boston, in accord- ance with the provisions of Massachusetts General Laws Chapter 43B, Section 13, and any other appli- cable law, as follows:

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Section 1. C.B.C. Ordinances 16-26 (Unreasonable Noise) is amended in 16-26 (Disturbing the Peace) by inserting after the phrase: "between the hours of 1 1:00 p.m. and 7:00 a.m." the following words: "and in excess of 70dBa at all other hours" Section 2. There shall be added after C.B.C. Ordi- nances 16-26.6 the following new section:

16-26.7 Seizure of "boom boxes" in motor vehicles Police shall have authority in their discretion to issue a cease and desist warning by giving a person or persons operating allowed amplification device or similar equipment installed in a motor vehicle to is- sue a ticket imposing a non-criminal fine; cite the offender for criminal prosecution; or seize and im- pound amplification devices installed in motor vehi- cle, such as so-called "boom boxes," radio amplifi- cation or similar equipment when it is used to create unreasonable noise violating ordinance sections 16- 26.1 and 16-26.2. This ordinance shall apply whether violations eminate from a moving or parked vehicle.

As alternative to decibel standards outlined in 16- 26.6, police are authorized to cite violators and seize noise-making amplification equipment installed in a motor vehicle if the sound is discernable at a distance of 100 feet or more from the source.

When a noise violation has occurred, causing dis- turbance of the peace to a neighborhood, recreation or business area, police may prosecute in a criminal complaint the owner of the sound-making equipment and also the owner of the motor vehicle, if different. Upon conviction in a district or Boston Municipal Court, the violator(s) shall be subject to a $50 fine for the first offense , $ 1 00 for the second offense , and $200 for a third or subsequent offense committed over a 36-month period.

As an alternative to instituting criminal proceed- ings, any officer empowered to enforce this ordi- nance who takes cognizance of a violation thereof, may forthwith give to the offender a written notice to appear before the Clerk of the District or Municipal Court having jurisdiction at any time during office hours, not later than twenty-one days after the date of such violation. Such notice shall be in triplicate and shall contain the name and address of the offender, the specific offense charged, and the time and place for his or her required appearance. Such notice shall be signed by the offender in acknowledgment that such notice has been received. Refusal by the of- fender to sign such acknowledgment shall require the officer to bring criminal prosecution for viola- tion of the noise ordinance.

Any person notified to appear before the Clerk of Court may do so and confess the offense charged, either personally or through an agent duly autho- rized in writing, or by mailing to such Clerk, with the notice, the sum of $50. Such payment shall be made only by postal note, money order or check.

If any person so notified to appear before the Clerk of Court fails to appear and/or pay the fine provided hereunder, or, having appeared desires not to avail himself or herself of the procedure provided for non-criminal disposition of the case, the Clerk shall, as soon as may be, notify the enforcement offi- cer concerned, who shall forthwith make a com- plaint and follow the procedure established for viola- tion of these ordinances. The notice to appear provided herein shall be printed in such form as may be satisfactory to the Chief Judge of the Boston Mu- nicipal and the District Courts.

When determination is made to seize any noise- producing equipment, police shall obtain identity of owner or person operating the equipment and give that person a receipt listing and describing items

seized. In the event equipment used in violation of noise ordinances is to be seized but cannot easily be removed from the motor vehicle, police shall have authority to impound the vehicle with all its con- tents, major items of which shall be inventory in a list kept by police, a copy of which to be supplied to the owner.

In the event the motor vehicle seized is owned by a different person or business entity, police shall send notice of seizure and receipt identifying the vehicle confiscated and its contents to said owner.

Equipment seized and impounded shall be kept in custody until fines are paid or judicial process in- volving the case has been completed.

In instances of repeat offenses or a flagrant viola- tion of the noise ordinances, police may seek per- mission in the Court for disposition or destruction of the equipment.

Police summoned to quell loud noises eminating from a radio or amplification device on a motor vehi- cle may, at discretion, issue a warning to offenders. A record of service of the warning stating: names and addresses of persons warned; date; time; motor vehicle registration; location or description of the site shall be made by the responding officer and shall be filed at his or her Area station. The notice of warning service shall be maintained by the Area Community Relations Officer.

Refusal of an offender to give his or her true name and address when requested by a police officer shall be grounds for taking the person into custody until his or her identity has been established.

In the event of subsequent noise violations, reports concerning the same address or same individuals, the Community Relations Officer shall be empow- ered to seek a criminal complaint based on docu- ments filed.

Section 3. There shall be added a new section as fol- lows: C.B.C. 16-26.8 Portable "Boom Boxes" on Streets

Police who witness individuals on a public way or public area playing radios, amplification devices, including instruments, portable "boom boxes," so- called, or other sound-producing articles so as to ex- ceed 50 decibels in the hours between 1 1 :00 p.m. to 7:00 a.m. , and 70 decibels at other times or be audi- ble at a distance of 100 feet or more, may issue a warning, a non-criminal disposition and fine or ar- rest on criminal charges, and may also seize such articles.

If a warning is issued, police may require the of- fender to identify himself or herself, giving name and address. Refusal to give identity can subject the individual to police custody until identity is estab- lished.

As an alternative to instituting criminal proceed- ings, any officer empowered to enforce this ordi- nance may cite through a non-criminal disposition ticketing and fine process an individual playing any radio or sound amplification device on the public ways to a degree of loudness violating noise ordi- nance standards described in this ordinance.

The ticket notice shall direct the offender to appear before the Clerk of the District or Municipal Court having jurisdiction any time during office hours, not later than 21 days after the date of such violation. Such notice shall be in triplicate and shall contain the name and address of the offender specific offense charged, and the time and place for his or her re- quired appearance. Refusal of the offender to sip such acknowledgment shall require the officer to bring criminal prosecution for violation of the noise ordinance.

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Any person notified to appear before the Clerk of Court may do so and confess the offense charged, either personally or through an agent duly autho- rized in writing, or by mailing to such Clerk, with the notice, the sum of $50. Such payment shall be made only by postal note, money order or check.

If any person so notified to appear before the Clerk of Court fails to appear and/or pay the fine provided hereunder, or, having appeared desires not to avail himself or herself of the procedure provided for non-criminal disposition of the case, the Clerk shall, as soon as may be, notify the enforcement offi- cer concerned, who shall forthwith make a com- plaint and follow the procedure established for viola- tion of these ordinances. The notice to appear provided herein shall be printed in such form as may be satisfactory to the Chief Judge of the Boston Mu- nicipal and the District Courts.

When circumstances warrant, in the opinion of the enforcement officer, he or she may seize the radio, portable "boom box" or other sound-producing equipment to be kept in custody until fines are paid or judicial process involving the case has been com- pleted. The officer ordering seizure shall give the owner or user a receipt identifying the article or ar- ticles taken and impounded. Section 4. There shall be added a new section as fol- lows: C.B.C. 16-26.9 Warning Concerning Loud Parties on Residential Premises

Police summoned to quell loud noise from a radio or amplification device in a dwelling or lawn, yard or sidewalk areas in a residential district may, at dis- cretion, issue a warning to offenders in a verbal or written fashion. The landlord or owner of the prem- ises, if not among the offenders, shall also receive notice of the offense.

A record of service of the warning stating: names and addresses of persons warned; name of landlord or owner, if different; date; time; address; apartment number if applicable; or description of site if out- doors, shall be made by the responding officer and shall be maintained by the Area Police Community Relations Officer.

In the event of subsequent noise violations, reports concerning the same address or same individual(s), the Area Police Community Relations Officer shall be empowered to seek criminal complaint in Boston Housing Court based on documents compiled. Section 5. There shall be added the following new sec- tion: C.B.C. 16-26. 10 Prosecution of Noise Offenses, Loud Parties

Police arriving at the scene of a party or gathering from which loud sounds are emitted by means of am- plification devices or radios may cite offenders crim- inally or civilly.

Under criminal prosecution, offenders shall be re- ferred to the Boston Housing Court for penalty upon conviction of $50 for a first offense; $100 for a sec- ond offense; and $200 for each subsequent offense committed within a 36-month period.

Police may also prosecute the landlord or owner of the unit where the violation occurred if said landlord had failed to heed notices given three or more times by enforcement officials. Property owner prose- cuted on criminal charges for failure to stop noise violations would, on conviction, be fined $50 for the first offense; $100 for the second offense; and $200 for the third and subsequent refusal in a 36-month period.

Violators of noise ordinances may alternatively be cited for non-criminal disposition. Police or enforc- ing officers will issue the offender a ticket with a $50

fine to be paid within twenty-one days of violation. Procedure for issuance of non-criminal disposition shall be parallel to that described in C.B.C. 16-26.7 for devices on motor vehicles, excepting that en- forcement of noise offenses on residential premises shall be in Boston Housing Court. Referred to the Committee on Government Opera- tions.

ORDER THAT COLLECTOR-TREASURER INSERT INFORMATIONAL NOTICE IN NEXT TAX BILL CALLING ATTENTION TO CITY ORDI- NANCE REGARDING DOGS (DOCKET NO. 0974)

Couns. HENNIGAN CASEY and KELLY offered the following:

Whereas, Apparently much of the citizenry of Boston are unaware that there are City ordinances regarding dogs; and

Whereas, Among other ordinances relating to dogs, there is a "leash law" and a "dog fouling law" which carry fines for non-compliance; and

Whereas, These ordinances should be brought to the attention of citizens from time to time; and

Whereas, A proper vehicle for such notification would be an informational insert in the tax bill; Now Therefore Belt:

Ordered, That the Collector-Treasurer be and hereby is instructed to insert an informational notice in the next tax or excise tax bill to call attention to these existing ordinances.

Passed under suspension of the rules.

COMMITTEE ON GOVERNMENT OPERATIONS TO HOLD HEARING TO CONSIDER FACTS RE TEMPORARY OR PERMANENT WAIVERS OF RESIDENCY REQUIREMENTS RE CERTAIN POLICE DEPARTMENT EMPLOYEES (DOCKET NO. 0975)

Coun. SCONDRAS offered the following:

Whereas, An agreement has been signed between the City of Boston and Local 285 regarding eleven persons they represent at the Police Department who are cur- rently in violation of the residency requirement of C.B.C. Sections 5-5.3; and

Whereas, Each of the eleven persons were residents of Boston at the time of their hiring, moved out of Boston in the recent past and reported their new addresses; and

Whereas, The agreement between the City of Boston and Local 285 requires that the union make every attempt to file with the Boston City Council a request on behalf of the individuals for a temporary or permanent waiver of the residency requirement; and

Whereas, The City has agreed to hold in abeyance the enforcement of the ordinance in regard to these eleven individuals pending action of the City Council; and

Whereas, We have been informed that the Police De- partment has generally ignored enforcement of the resi- dency requirement; now therefore, be it

Ordered, The Committee on Government Operations hold a hearing to consider the facts regarding temporary or permanent waivers of the residency requirement for Allan J. McDonald, Robert Mignard, Gerald Lally, Cheryl McGrath, Claire Saetti, Middalia Centeio, Ro- bert Lovegrove, Bridget McCarthy, Anthony Ruggerio. Frazior Green, and Robert Bragnard pursuant to a rec- ommendation on granting or denying such waivers.

Referred to the Committee on Government Opera- tions.

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APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0976)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 3, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Octo- ber 2, 1991:

Audrey Fannon, secretary, $766.28 per week, part time, 25 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0977)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 10, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Octo- ber 2, 1991:

Audrey Fannon, secretary, $383.14 per week, part time, 25 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 0978)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 10, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Octo- ber 9, 1991:

Eugene McCarthy, secretary, $229.89 per week, part time, 30 hours.

Passed under suspension of the rules.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried; the matters were added to the Agenda.

ORDER FOR PETITION FOR SPECIAL LAW AMENDING CHAPTER 175 OF GENERAL LAWS (DOCKET NO. 0995)

Coun. MENINO offered the following: Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Chapter 175 of the General Laws, as appearing in the 1988 official edition, is hereby amended by striking sec- tion 195 and inserting in place thereof the following sec- tion:

Section 195. Sums for the estimated expenses of the operation of training facilities and curriculum for fire fighting personnel of the Massachusetts Fire Fighting Academy and the City of Boston, as may be appropri-

ated therefor, shall be paid to the Commonwealth by insurance companies writing fire, homeowners multi- ple peril or commercial multiple peril policies on prop- erty situated in the Commonwealth within thirty days after notice from the commissioner of such estimated expenses. The commissioner shall apportion such esti- mated charges among all such companies and shall as- sess them for the same on a fair and reasonable basis, not to exceed one-fourth of one per cent of their esti- mated gross premiums on such insurance written on property situated in the commonwealth. The commis- sion of administration shall annually distribute all reve- nues to the City of Boston from assessments on such insurance written on property situated in the City of Boston, provided that such revenue shall be used for the estimated expenses of the operation of training fa- cilities and curriculum for the Boston Fire Depart- ment. The commissioner shall subsequently apportion actual costs among all such companies and shall make assessment adjustments for the same for any variation between estimated and actual costs on a fair and rea- sonable basis, not to exceed one-fourth of one per cent of their actual gross premium on such insurance writ- ten on property situated in the Commonwealth. Such estimated and actual costs shall include an amount equal to the cost of fringe benefits as established by the commissioner of administration pursuant to section 6B of chapter twenty-nine Referred to the Committee on Ways and Means.

ORDER FOR PETITION FOR SPECIAL LAW AMENDING CHAPTER 190 OF 1982 (DOCKET NO. 0996)

Coun. MENINO offered the following: Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause ( 1 ) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section 18 of chapter 190 of the Acts of 1982, as amended by chapter 701 of the Acts of 1986, is hereby amended by striking out the seventh paragraph and in- serting in place thereof the following paragraph:

To insure that the overall city and county spending program remains in balance, the mayor may reallocate no more than three million dollars of nonpersonnel ap- propriations during a fiscal year to other departmental purposes, provided that no account shall receive total reallocations that exceed five per cent of the amount appropriated during a fiscal year except with the ap- proval of a two-thirds vote of the City Council, pro- vided further, that any department from which appro- priations have been reallocated in accordance with this section shall be prohibited to make any transfer pursu- ant to section 3B of chapter four hundred and eighty- six of the acts of nineteen hundred and nine from per- sonnel services to non-personnel services, except with the approval of two-thirds vote of the City Council, if such transfer would require the layoff of departmental personnel, who have been permanently appointed to a position in the department under the provisions of chapter thirty-one of the General Laws. No realloca- tion may be made under this section after April fif- teenth in any fiscal year. No reallocation may be made under this section from any account or amounts identi- fied as authorized expenditures that are submitted to the Commissioner of Revenue for the purpose of ap-

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proval of annual tax rates pursuant to the provisions of chapter fifty-nine of the General Laws except accounts that are appropriated by the City Council . A list of each reallocation made by the mayor shall be transmitted to the City Council and the City Clerk by the City Auditor by April thirtieth in any fiscal year. In each case the report shall state the accounts to which the transferred funds were taken and the accounts to which the funds were reallocated, and the reasons therefor. Referred to the Committee on Ways and Means.

ORDER FOR PETITION FOR SPECIAL LAW GIV- ING CITY OF BOSTON AUTHORITY TO SEIZE MOTOR VEHICLE "BOOM BOXES" CAUSING EXCESSIVE NOISE IN NEIGHBORHOODS (DOCKET NO. 0997)

Couns. HENNIGAN CASEY, SALERNO, SCON- DRAS, BOLLING, KELLY and O'NEIL offered the fol- lowing:

Whereas, The Massachusetts Constitution and statutes guarantee citizens the rights of protection from "excess noise"; and

Whereas, Noise from amplification devices, espe- cially "boom boxes" installed in motor vehicles are be- coming an environmental intrusion and a serious health hazard to those residing in the City of Boston; Now Therefore Be It

Ordered, The attached home rule petition is properly before the City Council under waiver of its rules.

Section 1. In Boston, police and other noise enforce- ment officers shall have authority to seize amplification devices including "boom boxes" so-called, installed in motor vehicles, or carried on the public ways, when used to violate noise ordinances. Authorities shall extend to impoundment of the vehicle is sound-producing equip- ment cannot be easily detached.

Section 2. In Boston, police, other noise enforcement officers or the Court shall have authority to notify the Registrar of Motor Vehicles when there has been a failure to pay a fine by a person using a "boom box" or other amplification device attached to or in a motor vehicle. Upon receipt of two or more such notices, the Registrar of Motor Vehicles shall not ren;w the driving license of the person or persons violating the noise ordinance and shall not renew the registration of the vehicle used to transport the noise-making equipment, until all fines have been paid.

Referred to the Committee on Government Opera- tions.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING TO DETER- MINE STATUS OF H.V.A.C. IMPROVEMENT PROJECT (DOCKET NO. 0998)

Coun. KELLY offered the following: Whereas, Stagnant air inside a closed building can af- I feet the work as well as the health and well being of em- i ployees; and

Whereas, Several employees have noted a deteriora- '■ tion of the air quality inside City Hall at different times of the day; and

Whereas, An Order of the City Council, unanimously adopted on June 12, 1991, respectfully requested the Mayor to have the air quality inside the building tested by an industrial hygienist, but this order was rejected by the Mayor on the grounds that the Order was "more than a request", and that the Council's request constituted an improper interference with his duties as Mayor; and

Whereas, The Mayor's disapproval letter further stated that His Honor's disapproval notwithstanding the City would be conducting a heating, ventilating and air condi- tioning (H.V.A.C.) improvement project to "dramati- cally improve air flow and balance temperatures through- out the building" ; be it therefore

Ordered, That the Committee on City and Neighbor- hood Services conduct a public hearing to determine the status of the H.V.A.C. improvement project, and that the acting commissioner of Public Facilities Department, and Commissioner Frank Jones of the Real Property, as well as a representative of the Mayor's office be invited to attend.

Referred to the Committee on City and Neighbor- hood Services.

RESOLUTION CONDEMNING CERTAIN BEHAV- IOR AT RED SOX GAME AND CONGRATU- LATING RED SOX MANAGEMENT FOR ITS HANDLING OF MATTER (DOCKET NO. 0999)

Coun. SALERNO offered the following:

Whereas, Recently, individuals attending Red Sox baseball games at Fenway Park displayed inflatable, na- ked, female dolls; and

Whereas, It was reported that individuals fondled and performed simulated acts of sex with the dolls; and

Whereas, This behavior can be regarded as a passive acceptance of acts of violence against women; and

Whereas, This behavior provides a poor example to the many young fans attending the Red Sox games; and

Whereas, Individuals and advocacy organizations have condemned this behavior citing concerns about its relation to the prevalence of sexism and domestic vio- lence; and

Whereas, The management of the Boston Red Sox has publicly condemned the behavior of individuals regard- ing these dolls, calling the conduct "reprehensible" ; and

Whereas, The management of the Boston Red Sox has taken steps to prevent this activity from taking place in the future; therefore be it

Resolved, That the Boston City Council, in meeting assembled, does hereby condemn the display of inflat- able, naked, female dolls and the behavior of individuals regarding these dolls during Red Sox games at Fenway Park; and be it further

Resolved, That the Boston City Council, in meeting assembled, does hereby congratulate the management of the Boston Red Sox on its immediate and effective efforts to stop this conduct and to prevent further incidents of this nature.

The resolution was passed under suspension of the rules.

CALLING ON MAYOR TO ESTABLISH PROCE- DURE RE WAIVING INTEREST AND PENAL- TIES OF THOSE WHO, BECAUSE OF FINAN- CIAL DIFFICULTIES OR LACK OF COMMUNICATION, FAIL TO PAY FIRST IN- STALLMENT OF TAXES UNTIL NOVEMBER (DOCKET NO. 1000)

Coun. IANNELLA offered the following:

Whereas, Boston has recently begun a system of quar- terly billing of real estate taxes; and

Whereas, The first bills under the new system have been mailed, and, payment is due to the City by August first; and

Whereas, There was no advance notice to taxpayers

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that a new billing procedure had been adopted; and

Whereas, Especially given current economic condi- tions, many of our taxpayers must budget closely to meet their financial obligations; and

Whereas, The unexpected payment on August first rather than November first will be a real "budget-buster" for many Bostonians; and

Whereas, The City plans to assess fourteen percent in- terest on those who do not make the August payment on time, therefore be it

Resolved, That His Honor the Mayor establish a proce- dure whereby interest and penalties are waived with re- spect to those who, because of financial difficulties or a lack of communication, fail to pay the first installment of Fiscal Year 1992 taxes until November 1st.

The resolution was adopted under suspension of the rules.

REPORT ON ORDER FOR APPROPRIATION OF $750,000 FROM PARKMAN FUND FOR MAIN- TENANCE OF BOSTON COMMON AND PARKS IN EXISTENCE ON JANUARY 12, 1887 (DOCKET NO. 0624)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No . 0624 , message of the Mayor and order approving an appropriation of $750,000 from the income of the George F. Parkman Fund to be expended at the direction of the Commission of Parks and Recreation for the maintenance and improvement of Boston Com- mon and parks in existence on January 12, 1887 (referred May 1 ) recommending passage of the order.

The report was accepted; the order was passed.

tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: Captain Louis A. Scappiccio (Docket No. 0979); Alice Portrait (Docket No. 0980); Jessica Chadbourn (Docket No. 0981).

Councillor Boiling: Bromley-Heath Tenant Manage- ment Corporation (Docket No. 0982); J. Wayne Dudley (Docket No. 0983); Paul Goodnight, Elaine Sayoko Yoneoka, Emanuel Genovese, Stephane Jackson (Docket No. 0984); Kenneth I. Guscott (Docket No. 0985); Memory of PFC Willis Beauford, Jr. (Docket No. 0986); Silver Slipper Restaurant and owners, Daphne and Leonard Matthews (Docket No. 0987); Edward L. Cooper, Sr. (Docket No. 0988).

Councillor By me: Marie Murray (Docket No. 0989); Dino Silva (Docket No. 0990).

Councillor Yancey: Dr. Julius Wayne Dudley (Docket No. 0991); Dreher Family (Docket No. 0992).

Councillor Scondras: Brigham and Women's Hospital (Docket No. 0993).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Hennigan Casey: Joseph E. Walsh (Docket No. 1001). Councillor O'Neil: John Caulfield (Docket No. 1002). Councillor Kelly: Florence Lopez (Docket No. 1003).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 3:25 p.m., on motion of Councillor O'Neil, to meet on Wednesday, July 17, 1991, at 1:00 p.m.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu-

Note: All debat proceedings in ac 1947.

"ity Council eliminated from ce with Chapter 447, Acts of

CITY OF BOSTON

PRINTING SECTION

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Proceedings of City Council

Wednesday, July 17, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m. , President IANNELLA in the chair. Absent, Councillor McCormack.

INVOCATION

Reverend Norbert DeAmato, St. Francis Church, Cambridge, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

City of Boston Office of the Mayor

June 21, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the City of Boston to apply for, accept and expend a Community Development Action Grant (CDAG) in an amount not less than two hundred forty-four thousand four hundred eighteen dollars ($244,418) to assist in the development of Stonecrest Village located in Mattapan and permitting the Mayor to execute documents associ- ated with the CDAG and to expend the CDAG funds for the Project. The CDAG funds will be used for the con- struction of a 900-foot road for 28 single family houses, located between Harvard and Livermore Streets. The Boston Redevelopment Authority will administer the CDAG on behalf of the City.

The City has shown strong support for the Stonecrest Village Project. Construction of the road is expected to commence this summer. I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

DISAPPROVING ORDER THAT CORPORATION COUNSEL PROVIDE OPINION ON LEGALITY OF ALLOWING CERTAIN NON-PROFIT EN- TITIES TO USE CITY SCHOOL BUSES TO TRANSPORT CHILDREN TO VARIOUS SUM- MER PROGRAMS

The following was received:

City of Boston Office of the Mayor

July 10, 1991 To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body on June 26, 1991, Docket Number 0644, which essentially pur- ports to order the Corporation Counsel to provide an opinion. That opinion would regard the legality of allow- ing certain non-profit entities to use City school buses to transport children to various activities and programs this summer. This order also requests the Corporation Coun- sel to assist the Council in the implementation of such use by non-profit entities.

My reason for disapproval is that the Council may make a direct request to the Corporation Counsel for an opinion on the law of any subject or question. CBC Ord. s. 5-8.1. Mayoral approval of any such request is neither legally necessary nor procedurally appropriate. In addi- tion, I have been informed that the Corporation Coun- sel's office is already working on this matter without need of an order.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the order referred to.) Assigned for further action.

I ORDER AUTHORIZING CITY TO APPLY FOR, AC- CEPT AND EXPEND CDAG IN AMOUNT NOT LESS THAN $244,4 1 8 TO ASSIST IN DEVELOP- MENT OF STONECREST VILLAGE (DOCKET NO. 1004)

The following was received:

Whereas, The Massachusetts Community Develop- ment Action Grant (CDAG) Program was established as part of Chapter 789 of the Acts of 1 98 1 ; and

Whereas, The development of Stonecrest Village in Mattapan requires a CDAG grant from the Common- wealth of Massachusetts in the amount of up to two hun- dred forty-four thousand and four hundred eighteen dol- lars ($244,418) for the construction of a 900-foot road; now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to submit an application to the Commonwealth of Massachusetts for up to two hundred forty-four thousand and four hundred eighteen dollars ($244,418) in Community Development Action Grant (CDAG) funds to aid the development of the Stonecrest Village Project; in connection therewith to ex- ecute and deliver such documents as may be required by the Commonwealth of Massachusetts; to act as the autho- rized representative of the City in connection with said application; and, in accordance with Section 53A of Chapter 44 of the General Laws of the Commonwealth, to accept and expend such funds as may be granted for the purposes for which granted.

Referred to the Committee on Planning and Devel- opment.

ORDER AUTHORIZING CITY TO AMEND EXIST- ING AGREEMENT WITH STATE TO INCREASE GRANT FROM $2,434,618 TO $2,649,888 FOR RESTORATION OF DILLAWAY THOMAS HOUSE (DOCKET NO. 1005)

The following was received:

City of Boston Office of the Mayor

June 25, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the City of Boston to amend an existing agreement between the Commonwealth of Massachusetts, acting by and through its Department of Environmental Manage- ment, and the City of Boston, acting by and through the Public Facilities Department.

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This amendment will increase the amount of a grant from $2,434,618.00 to a new total of $2,649,888,000, which funds are to be utilized for the historic restoration of the Dillaway Thomas House.

I urge your Honorable Body to pass this order as expe- ditiously as possible.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Whereas, The Public Facilities Department, by an or- der passed by the City Council June 11, 1986, and ap- proved by the Mayor on June 27, 1986, was authorized to enter into agreement (the "Agreement") with the Com- monwealth of Massachusetts, acting by and through its Department of Environmental Management, and to ac- cept and expend a grant in an amount not to exceed $400,00.00; and

Whereas, The Public Facilities Department has, by an order passed by the City Council May 2, 1990, and ap- proved by the Mayor on May 8, 1990, was authorized to amend the Agreement, to increase the grant to an amount not to exceed two million, four hundred thirty-four thou- sand six hundred eighteen dollars ($2,434,618.00) which funds shall be utilized for the historic restoration of the Dillaway Thomas House;

Ordered, That the Public Facilities Department, acting on behalf of the City of Boston, be and hereby is autho- rized, to amend the Agreement to increase the grant to an amount not to exceed two million, six hundred forty-nine thousand eight hundred eighty -eight dollars ($2, 649,888.00), which funds shall be utilized for the his- toric preservation of the Dillaway Thomas House; and be it

Further Ordered: That the Director of Public Facili- ties, acting on behalf of the City of Boston, be, and hereby is, authorized to accept and expend funds for the purposes for which granted.

Referred to the Committee on Ways and Means.

from the existing waiting lists of the BYCC, PIC and ABCD. The BYCC will hire youth for positions with the clean-up corps, community -based organizations, and non-profit agencies. The ABCD is hiring youth for addi- tional community-based organizations within the City. The PIC is hiring youth for positions with The Boston Area Health Education Consortium, municipal courts, and other non-profit organizations.

Administration of this program will not require addi- tional full-time or part-time staffing — existing City per- sonnel will be operating this program under the direction of the Commissioner of Parks and Recreation.

I urge your Honorable Body to pass this order. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Whereas, The Commonwealth of Massachusetts, through the Department of Employment and Training, has allocated up to $ 1 million to the City of Boston for the purpose of providing employment to youth throughout the neighborhoods of Boston; and

Whereas, The Economic Development Industrial Cor- poration (EDIC), a public body politic and corporate es- tablished under Chapter 1097 of the Acts of 1971, serv- ing as the City's employment and training department, wdl receive the funds from the Commonwealth and the Parks and Recreation Department will then receive the funds from EDIC; and

Whereas, The funds are to be used for the Boston Youth Clean-Up Corps, which is under the management of the Parks and Recreation Department and serves as the City's primary employment provider for youth within the City; now, therefore, be it

Ordered, That the Parks and Recreation Department, acting on behalf of the City of Boston, be, and hereby is, authorized, in accordance with G.L. c. 44, sec. 53A, to accept and expend said grant funds in an amount not to exceed one million dollars ($1 ,000,000) for the purpose of employment and training.

Passed under suspension of the rules.

ORDER AUTHORIZING PARKS AND RECREA- TION DEPARTMENT TO ACCEPT AND EX- PEND GRANT OF $1,000,000 FOR REIM- BURSEMENT OF COSTS OF 1991 SUMMER YOUTH EMPLOYMENT PROGRAM (DOCKET NO. 1006)

The following was received:

City of Boston Office of the Mayor

July 16, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Parks and Recreation Department to accept and expend one million dollars ($1,000,000) for the reim- bursement of the costs of the 1991 Summer Youth Em- ployment Program.

The one million dollar Youth At-Risk grant from the Commonwealth of Massachusetts to the City of Boston will be administered through EDIC and managed by the Parks and Recreation Department. The Parks Depart- ment is coordinating the overall operational and financial management and reporting of the Boston Youth Clean-Up Corps (BYCC), the Private Industry Council (PIC) and the Action for Boston Community Development (ABCD) for Job Placement.

The grant has been awarded for the purpose of hiring Boston residents ages 14-20. The youth will be hired

ABSENCE OF THE MAYOR (DOCKET NO. 1007)

Notice was received by the City Clerk from the Mayor of his absence from the City from July 10 to July 11, 1991.

Placed on file.

NOTICE OF HEARINGS FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 1008)

Notice was received from the Department of Public Utilities of hearings on July 29, 1991 , re Deacon Trans- portation Inc., d/b/a Old Town Trolley Tours of Boston (Docket No. 1008).

Placed on file.

REPORT ON ORDER AUTHORIZING ACCEPT- ANCE AND EXPENDITURE OF FUNDS UN- DER CHAPTER 193 OF ACTS OF 1989 (DEEDS EXCISE TAX LEGISLATION) FOR CERTAIN PURPOSES (DOCKET NO. 0829)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

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185

Report on Docket No. 0829, message of the Mayor and order authorizing the acceptance and expenditure of funds realized under Chapter 193 of the Acts of 1989 (Deeds Excise Tax Legislation) for the following pur- poses:

Administrative Services Department

Health Benefits Division $ 450,000

Suffolk County Jail 2,300,000

Registry of Deeds 900,000

(referred July 12) recommending passage of the order. The report was accepted; the order was passed.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1009)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 31, 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Octo- ber 30, 1991:

Christopher T. Norris, secretary, $480.00 per week, full-time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1010)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 31 , 1991 the following named person be, and hereby is, appointed to the position set against his name until Wednesday, Octo- ber 30, 1991:

Peter D. Tymoczko, secretary, $288.00 per week, part time, 21 hours.

Passed under suspension of the rules.

SPECIAL COMMITTEE ON YOUTH SERVICES TO HOLD HEARING RE PROPOSED FEDERAL LEGISLATION ENTITLED "THE PROFES- SIONAL AND AMATEUR SPORTS PROTEC- TION ACT" (DOCKET NO. 101 1)

Coun. McCORMACK offered the following: Ordered: That the Special Committee on Youth Serv- ices conduct a public hearing concerning proposed fed- eral legislation entitled "The Professional and Amateur Sports Protection Act."

Referred to the Special Committee on Youth Serv- ices.

SPECIAL COMMITTEE ON ELDERLY TO HOLD HEARING TO DETERMINE HOW DECISION OF INSPECTIONAL SERVICES DEPARTMENT TO ELIMINATE POSITION OF PRINCIPAL COMPLIANCE MONITOR WILL AFFECT IM- PLEMENTATION OF ORDINANCE CONCERN- ING SECURITY IN ELDERLY/HANDICAPPED HOUSING DEVELOPMENTS (DOCKET NO. 1012)

Coun. SALERNO offered the following: Whereas, The Boston City Council passed an Ordi- nance Concerning the Security in Elderly/Handicapped Housing Developments in February 1989; and

Whereas, Mayor Flynn signed this Ordinance into law on February 27, 1991; and

Whereas, The Inspectional Services Department is re- sponsible for the implementation of this Ordinance; and

Whereas, The Inspectional Services Department de- veloped and promulgated the City of Boston Regulations for the Implementation of the Security Ordinance for El- derly/Handicapped Housing Developments in Novem- ber, 1989; and

Whereas, The Inspectional Services Department had assigned a staff person to perform the necessary adminis- trative duties to implement the Ordinance; and

Whereas, The Inspectional Services Department had developed system for meeting the requirements of the Or- dinance which formally involved the Boston Police De- partment and the City's Elderly Commission, as well as the cooperation and assistance of the Massachusetts Sen- ior Action Council; and

Whereas, The Inspectional Services Department has recently eliminated the position of Principal Compliance Monitor, which was responsible for implementing the Ordinance; and

Whereas, The elimination of the Principal Compliance Monitor position may jeopardize the efficient and full implementation of the Ordinance; therefore be it

Ordered, That the Boston City Council's Special Com- mittee on Elderly Affairs hold a public hearing to deter- mine how the recent decision of the Inspectional Services Department to eliminate the position of Principal Com- pliance Monitor will affect the efficient and full imple- mentation of the Ordinance; and be it further

Ordered, That representatives of the Boston Police De- partment, Elderly Commission, Inspectional Services Department, and elderly organizations be invited to at- tend the hearing to review the Ordinance.

Referred to the Special Committee on the Elderly.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor TRAVAGLINI who presented a citation to Cindy Burke, for all the Councillors, congratulating her on her selec- tion as the 1991 "Charlestown Rose" to represent Charlestown in the forthcoming International Festival held in County Mayo, Ireland. Ms. Burke thanked the members of the Council and promised to do her best to make everyone proud to have chosen her.

President IANNELLA then introduced Councillor YANCEY who presented a citation, for all the Council- lors, to Julius Wayne Dudley commending him on his many accomplishments. Professor Dudley thanked the members of the Council for their good wishes.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that five late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The five matters were added to the Agenda to be indi- vidually considered.

AMENDMENT TO CHAPTER 34 OF ORDINANCES OF 1984, AS AMENDED (DOCKET NO. 1020)

Coun. KELLY offered the following: Section 1. At the end of section l(n)(ii) after the word "residence;", add the following new sentence:

"provided further that in two adjoining buildings or

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structures containing no more than three units each, where a son or daughter owns and occupies a dwelling in the building or structure adjoining the building or structure owned and occupied by an elderly parent or parents, and the son or daughter has their name on the deed or mortgage of the building or structure housing an elderly parent or parents, those buildings or struc- tures, although adjoining, shall be exempt from the provisions of this ordinance so long as the elderly par- ent or parents are owner occupants of the second build- ing or structure, and the son or daughter occupies the adjoining building or structure as their permanent ad- dress." Referred to the Committee on Housing.

REPORT ON ORDINANCE RE SEIZURE OF AM- PLIFICATION OR SOUND-PRODUCING EQUIPMENT WHEN CAUSING NOISE VIOLA- TIONS (DOCKET NO. 0973)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 0973, ordinance re seizure of amplification or sound-producing equipment when caus- ing noise violations (referred July 10) recommending passage of the ordinance in the following new draft:

Whereas, FINDINGS: After testimony at a public hearing on July 16, 1991 , the Boston City Council finds that excessively loud noise from amplification sound de- vices, including "boom boxes" whether portable or at- tached to vehicles, as well as noise emanating from resi- dences in sufficient volume to disturb neighbors or neighborhoods is an assault on the rights of citizens to the quiet enjoyment of their environment; and

Whereas, The Boston City Council finds that noise in- considerately thrusted upon people can be more than boorish behavior, that it can actually be harmful to the health of those frustrated and unable to do much about the noise when perpetrators refuse to abate their actions; and

Whereas, People have lost sleep, their ability to con- centrate on reading or household tasks, and have been moved from neighborhoods, according to testimony; and

Whereas, Their constitutional right to peace and quiet certainly must be respected, affirmed and protected by the City of Boston through vigilant enforcement when situations warrant; and

Whereas, The ability for children to partake fully in their education has been severely compromised because overbearing noise has caused these children to lose sleep which directly affects concentration levels; and

Whereas, The Boston City Council therefore finds that noise abatement is a serious quality of life matter and that police need to be given the authority to enforce these common sense ordinances, even to the extent of seizing the noise-making equipment when users refuse to turn down the sound; NOW THEREFORE BE IT

Ordained,

City of Boston In the Year Nineteen Hundred and An Ordinance Seizure of Amplification or Sound- Producing Equipment When Causing Noise Viola- tions

Be it ordained by the City Council of Boston, in accord- ance with the provisions of Massachusetts General Laws Chapter 43B, Section 13, and any other appli- cable law, as follows:

Section 1. C.B.C. Ordinances 16-26 (Unreasonable Noise) is amended in 16-26.6 (Disturbing the Peace) by inserting after the phrase; "between the hours of 1 1:00 p.m. and 7:00 a.m." the following words:

"and in excess of 70dBa at all other hours" Section 2. There shall be added after C.B.C. Ordi- nances 16-26.6 the following new section: 16-26.7 Seizure of "boom boxes" in motor vehicles

Police shall have authority in their discretion to issue a cease and desist warning by giving a person or persons operating allowed amplification device or similar equipment installed in a motor vehicle to is- sue a ticket imposing a non-criminal fine; cite the offender for criminal prosecution; or seize and im- pound amplification devices installed in motor vehi- cle, such as so-called "boom boxes," radio amplifi- cation or similar equipment when it is used to create unreasonable noise violating ordinance sections 16- 26.1 and 16-26.6. This ordinance shall apply whether violations eminate from a moving or parked vehicle.

As alternative to decibel standards outlined in 16- 26.6, police are authorized to cite violators and seize noise-making amplification equipment installed in a motor vehicle if the sound is discernable at a distance of 100 feet or more from the source.

When a noise violation has occurred, causing dis- turbance of the peace to a neighborhood, recreation, business area, church, synagogue, temple, public transportation platforms or public transportation ve- hicles, police may prosecute in a criminal complaint the owner of the sound-making equipment and also the owner of the motor vehicle, if different. Upon conviction in a district or Boston Municipal Court, the violator(s) shall be subject to a $50 fine for the first offense, $100 for the second offense, and $200 for a third or subsequent offense committed over a 36-month period.

As an alternative to instituting criminal proceed- ings, any officer empowered to enforce this ordi- nance who takes cognizance of a violation thereof, may forthwith give to the offender a written notice to appear before the Clerk of the District or Municipal Court having jurisdiction at any time during office hours , not later than twenty-one days after the date of such violation. Such notice shall be in triplicate and shall contain the name and address of the offender, the specific offense charged, and the time and place for his or her required appearance. Such notice shall be signed by the offender in acknowledgment that such notice has been received. Refusal by the of- fender to sign such acknowledgment shall require the officer to bring criminal prosecution for viola- tion of the noise ordinance.

Any person notified to appear before the Clerk of Court may do so and confess the offense charged, either personally or through an agent duly autho- rized in writing, or by mailing to such Clerk, with the notice, the sum of $50. Such payment shall be made only by postal note, money order or check.

If any person so notified to appear before the Clerk of Court fails to appear and/or pay the fine provided hereunder, or, having appeared desires not to avail himself or herself of the procedure provided for non-criminal disposition of the case, the Clerk shall, as soon as may be, notify the enforcement offi- cer concerned, who shall forthwith make a com- plaint and follow the procedure established for viola- tion of these ordinances. The notice to appear provided herein shall be printed in such form as may be satisfactory to the Chief Judge of the Boston Mu- nicipal and the District Courts.

When determination is made to seize any noise- producing equipment, police shall obtain identity of owner or person operating the equipment and give that person a receipt listing and describing items seized. In the event equipment used in violation of

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noise ordinances is to be seized but cannot easily be removed from the motor vehicle, police shall have authority to impound the vehicle with all its con- tents, major items of which shall be inventory in a list kept by police, a copy of which to be supplied to the owner.

In the event the motor vehicle seized is owned by a different person or business entity, police shall send notice of seizure and receipt identifying the vehicle confiscated and its contents to said owner.

Equipment seized and impounded shall be kept in custody until fines are paid or judicial process involv- ing the case has been completed.

In instances of repeat offenses or a flagrant violation of the noise ordinances, police may seek permission in the Court for disposition or destruction of the equip- ment.

Mice summoned to quell loud noises eminating from a radio or amplification device on a motor vehicle may, at discretion, issue a warning to offenders. A re- cord of service of the warning stating: names and ad- dresses of persons warned; date; time; motor vehicle registration; location or description of the site shall be made by the responding officer and shall be filed at his or her Area station. The notice of warning service shall be maintained by the Area Community Relations Offi- cer.

Refusal of an offender to give his or her true name and address when requested by a police officer shall be grounds for taking the person into custody until his or her identity has been established.

In the event of subsequent noise violations, reports concerning the same address or same individuals, the Community Relations Officer shall be empowered to seek a criminal complaint based on documents filed. Section 3. There shall be added a new section as fol- lows: C.B.C. 16-26.8 Portable "Boom Boxes" on Streets Police who witness individuals on a public way or public area playing radios, amplification devices, including instruments, portable "boom boxes," so- called, or other sound-producing articles so as to ex- ceed 50 decibels in the hours between 1 1 :00 p.m. to 7:00 a.m. , and 70 decibels at other times or be audi- ble at a distance of 100 feet or more, may issue a warning, a non-criminal disposition and fine or ar- rest on criminal charges, and may also seize such articles.

If a warning is issued, police may require the of- fender to identify himself or herself, giving name and address. Refusal to give identity can subject the individual to police custody until identity is estab- lished.

As an alternative to instituting criminal proceed- ings, any officer empowered to enforce this ordi- nance may cite through a non-criminal disposition ticketing and fine process an individual playing any radio or sound amplification device on the public ways to a degree of loudness violating noise ordi- nance standards described in this ordinance.

The ticket notice shall direct the offender to appear before the Clerk of the District or Municipal Court having jurisdiction any time during office hours, not later than 21 days after the date of such violation. Such notice shall be in triplicate and shall contain the name and address of the offender specific offense charged, and the time and place for his or her re- quired appearance. Refusal of the offender to sign such acknowledgment shall require the officer to bring criminal prosecution for violation of the noise ordinance.

Any person notified to appear before the Clerk of Court may do so and confess the offense charged,

either personally or through an agent duly autho- rized in writing, or by mailing to such Clerk, with the notice, the sum of $50. Such payment shall be made only by postal note, money order or check.

If any person so notified to appear before the Clerk of Court fails to appear and/or pay the fine provided hereunder, or, having appeared desires not to avail himself or herself of the procedure provided for non-criminal disposition of the case, the Clerk shall, as soon as may be, notify the enforcement offi- cer concerned, who shall forthwith make a com- plaint and follow the procedure established for viola- tion of these ordinances. The notice to appear provided herein shall be printed in such form as may be satisfactory to the Chief Judge of the Boston Mu- nicipal and the District Courts.

When circumstances warrant, in the opinion of the enforcement officer, he or she may seize the radio, portable "boom box" or other sound-producing equipment to be kept in custody until fines are paid or judicial process involving the case has been com- pleted. The officer ordering seizure shall give the owner or user a receipt identifying the article or ar- ticles taken and impounded. Section 4. There shall be added a new section as fol- lows: C.B.C. 16-26.9 Warning Concerning Loud Parties on Residential Premises

Police summoned to quell loud noise from a radio or amplification device in a dwelling or lawn, yard or sidewalk areas in a residential district may, at dis- cretion, issue a warning to offenders in a verbal or written fashion. The landlord or owner of the prem- ises, if not among the offenders, shall also receive notice of the offense.

A record of service of the warning stating: names and addresses of persons warned; name of landlord or owner, if different; date; time; address; apartment number if applicable; or description of site if out- doors, shall be made by the responding officer and shall be maintained by the Area Police Community Relations Officer.

In the event of subsequent noise violations, reports concerning the same address or same individual(s), the Area Police Community Relations Officer shall be empowered to seek criminal complaint in Boston Housing Court based on documents compiled. Section 5. There shall be added the following new sec- tion: C.B.C. 16-26. 10 Prosecution of Noise Offenses, Loud Parties

Police arriving at the scene of a party or gathering from which loud sounds are emitted by means of am- plification devices or radios may cite offenders crim- inally or civilly.

Under criminal prosecution, offenders shall be re- ferred to the Boston Housing Court for penalty upon conviction of $50 for a first offense; $100 for a sec- ond offense; and $200 for each subsequent offense committed within a 36-month period.

Police may also prosecute the landlord or owner of the unit where the violation occurred if said landlord had failed to heed notices given two or more times by enforcement officials. Property owner prosecuted on criminal charges for failure to stop noise viola- tions would, on conviction, be fined $50 for the first offense; $100 for the second offense; and $200 for the third and subsequent refusal in a 36-month per- iod.

Violators of noise ordinances may alternatively be cited for non-criminal disposition. Police or enforc- ing officers will issue the offender a ticket with a $50 fine to be paid within twenty-one days of violation.

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Procedure for issuance of non-criminal disposition shall be parallel to that described in C. B.C. 16-26.7 for devices on motor vehicles, excepting that en- forcement of noise offenses on residential premises shall be in Boston Housing Court.

The report was accepted.

Coun. MENINO moved the previous question.

The motion was carried.

The ordinance in the new draft was passed.

REPORT ON ORDER FOR PETITION FOR SPECIAL LAW GIVING CITY OF BOSTON AUTHORITY TO SEIZE MOTOR VEHICLE "BOOM BOXES" CAUSING EXCESSIVE NOISE IN NEIGHBOR- HOOD (DOCKET NO. 0997)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 0997, order for petition for spe- cial law giving the City the authority to seize motor vehi- cle "boom boxes" causing excessive noise in neighbor- hoods (referred July 10) recommending passage of the order in the following new draft:

Section 1. In Boston, police shall have authority to seize amplification devices including "boom boxes" so- called, installed in motor vehicles, or carried on the pub- lic ways, when used to violate noise ordinances. Authori- ties shall extend to impoundment of the vehicle if sound-producing equipment cannot be easily detached.

Section 2. In Boston, police or the Court shall have authority to notify the Registrar of Motor Vehicles when there has been a failure to pay a fine by a person using a "boom box" or other amplification device attached to or in a motor vehicle. Upon receipt of two or more such notices, the Registrar of Motor Vehicles shall not renew the driving license of the person or persons violating the noise ordinance and shall not renew the registration of the vehicle used to transport the noise-making equipment, until all fines have been paid.

The report was accepted; the order in the new draft was passed.

REQUESTING CITY OF BOSTON ASSUME BURIAL COSTS OF CHRISTOPHER ROGERS (DOCKET NO. 1021)

Coun. YANCEY offered the following:

Whereas, Christopher Rogers, 16, was slain by a Boston police officer last week in an incident which is currently under investigation; and

Whereas, Judy Rogers, mother of the fatally wounded youth, does not have adequate economic resources to fi- nance a proper burial of her son; and

Whereas, Mrs. Rogers' employment benefits package reportedly does not contain any provisions for burial ex- penses; and

Whereas, The Jamaica Plain mother has made an ap- peal to residents of her community and other city resi- dents for assistance in defraying the costs of a dignified burial ceremony; Be it therefore

Resolved, That the Boston City Council, in meeting assembled, requests that the City of Boston assume burial costs for the slain youth, Christopher Rogers.

The resolution was adopted under suspension of the rules.

REPORT ON ORDER THAT COMMITTEE ON GOV- ERNMENT OPERATIONS HOLD HEARING TO CONSIDER FACTS REGARDING TEMPORARY OR PERMANENT WAIVERS OF RESIDENCY REQUIREMENTS RE CERTAIN EMPLOYEES OF POLICE DEPARTMENT (DOCKET NO. 0975)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 0975, order that the Committee on Government Operations hold a hearing to consider the facts regarding temporary or permanent waivers of resi- dency requirements re certain employees of the Police Department (referred July 10) recommending the order be placed on file.

The report was accepted.

Coun. BYRNE moved the previous question.

The motion was carried.

Coun. MENINO moved reconsideration of the pre- vious vote; reconsideration prevailed.

Coun. MENINO moved that the following order be substituted for Docket No. 0975:

Whereas, City of Boston Code, Ordinances, Title 5, Section 5-5.2 establishes a residency requirement for employees of the City of Boston; and

Whereas, Said residency ordinance provides that the Mayor, with the approval of the City Council, may deter- mine it to be in the best interest of the public to waive the provisions of the ordinance with respect to a particular person or position; and

Whereas, Several employees of the Boston Police De- partment were recently asked to file residency certifi- cates for the first time in the careers with the Department; and

Whereas, These employees were unaware that the or- dinance applied to them since more than half of all City employees are exempt due to collective bargaining agree- ments or superseding state statute; and

Whereas, Supervisors have attested to the fact that these employees have exemplary records and possess unique skills which would be difficult to replace; There- fore Be It

Ordered, That it is hereby determined that it is in the best interest of the public to waive the provisions of City of Boston Code, Ordinances, Title 5, Section 5-5.2 with respect to Middalia Centeio, Gerard Lally, Bridget Mc- Carthy, Claire Saetti, Robert Mignard, and Allan Mc- Donald; provided, however, that this waiver shall expire on August 1, 1992; and be it further

Ordered, That the Administration submit to the City Council within one month of passage of this order a home rule petition governing residency requirements for City of Boston employees.

The motion was carried, yeas 7, nays 5:

Yeas — Councillors Byrne, Hennigan Casey, Kelly, Menino, O'Neil, Salerno, Scondras — 7.

Nays — Councillors Boiling, Iannella, McLaughlin, Travaglini, Yancey — 5.

Councillor BOLLING in the Chair.

President IANNELLA in the Chair.

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Coun. BYRNE moved the previous question.

The motion was carried, yeas 10, nays 1 :

Yeas — Councillors Byrne, Hennigan Casey, Iannella, Kelly, McLaughlin, Menino, O'Neil, Salerno, Scondras, Yancey — 10.

Nays — Councillor Boiling — 1 .

The substitute order was passed, yeas 7, nays 4:

Yeas — Councillors Byrne, Hennigan Casey, Kelly, Menino, O'Neil, Salerno, Scondras — 7.

Nays — Councillors Boiling, Iannella, McLaughlin, Yancey — 4.

STATEMENT OF COUNCILLOR SALERNO

Having received unanimous consent to do so, Council- lor Salerno stated that she had voted affirmatively on the foregoing vote because (1) it was a date certain, not an infinite, blanket provision; (2) because there were all kinds of discrepancies about what the Police Department knew or didn't know; (3) the Mayor or the administration signed an agreement with the union which required cer- tain exemptions. She also feels that if the Council ex- presses anger at anyone on the matter, it should be toward to Mayor or the Police Commissioner, not the individuals involved. She respects the law passed by the City Council but feels that the Council must have flexibility when pre- sented with facts. She feels that there is something wrong and that how the Council goes about changing what is wrong is very important and she does not feel that it would change what is wrong if these people were let go.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Menino: John Caulfield (Docket No. 1013).

Councillor Salerno: Maria and Phillip Favorito (Docket No. 1014); Kay Quigley (Docket No. 1015).

Councillor Travaglini: Cindy Burke (Docket No. 1016).

Councillor Salerno: Steve and Anne Gilberto (Docket No. 1017); Mary Nastasi (Docket No. 1018); many re- cent and past supporters of the San Rocco Feasts (Docket No. 1019).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Salerno: Bill Guerard (Docket No. 1022).

Councillors Iannella and Salerno: Memorializing Boston Redevelopment Authority Board to dedicate East Berkeley-Tremont-Shawmut Avenue parcel to commu- nity garden use forever (Docket No. 1023).

The matters contained within the Consent Agenda were severally adopted.

NEXT MEETING

Councillor YANCEY moved that when the Council ad- journ today it be to meet on Wednesday, August 7, 1991 , at 1 p.m.

The motion was carried.

Adjourned at 2:55p.m., on motion of Councillor Yan- cey to meet on Wednesday, August 7, 1991 , at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, August 7, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend Bernard McLaughlin, Holy Redeemer Church, East Boston, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor MENINO who, for all the Councillors, presented to Kristina Barney a commendation for her superior ac- complishments at the Special Olympics held in Min- nesota where she won a gold medal for the 25-yard freestyle, a silver medal for the 25-yard backstroke, and a silver medal for the 50-yard backstroke. Kris- tina thanked the members of the Council for their good wishes and thanked also the members of her family who were present in the Council Chamber to- day.

DISAPPROVING ORDER THAT COLLECTOR- TREASURER INSERT NOTICE IN NEXT TAX OR EXCISE BILL TO CALL ATTENTION TO "LEASH LAW" AND "DOG FOULING LAW" ORDINANCES (DOCKET No. 0974)

The following was received:

City of Boston Office of the Mayor

July 29, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved a order passed by your Honorable Body July 10, 1991, Docket No. 0974, which orders the Collector-Treasurer to insert an informational notice in the next tax or excise tax bill to call attention to the ordinances known as the "leash law" and the "dog fouling law".

The reason for my disapproval is that the ability of the /Collector-Treasurer to insert informational mate- rial' in tax bills is governed by G.L. 60, s. 3A. The statute limits inserts to real estate tax bills; it pro- vides no authority for the Collector-Treasurer to in- sert material in excise tax bills. The statute further provides that any such insert in a tax bill must not cause an increase in the postage required for the mailing of the tax bill.

I am informed that the next real estate tax bill will be sent on or before October 1, 1991, and that in- cluded therewith will be a tax information flier. Any additional material inserted with the mailing may very well cause an increase in postage and thus vio- late G.L. c. 60, s. 3A.

Aside from these financial and legal considerations, there are practical considerations as well. I am in- formed that the Collector-Treasurer was unable, due to the limitations of the mailing machines used by the City, to enclose two separate inserts in a recent mail- ing of real estate tax bills.

Therefore, for financial, legal, and practical rea- sons, I am disapproving this order. Very truly yours,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Assigned for further action.

DISAPPROVING ORDER THAT MAYOR EXERT INFLUENCE AND POWER TO PREVENT PROPOSED MBTA FARE INCREASE (DOCKET NO. 0994)

The following was received:

City of Boston Office of the Mayor

July 29, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an order passed by your Honorable Body July 10, 1991, Docket No. 0994, which requests the Mayor to exert all power and influence to prevent a proposed M.B.T.A. fare increase, including instruct- ing the Boston representative to the Advisory Board to oppose the same. It further requests the Mayor to instruct the Corporation Counsel to bring suit to block any increase voted.

The reason for my disapproval is that by such an order, the Council would be taking part in the con- duct of the executive and administrative business of the City, which is prohibited by the City Charter. See St. 1948, c. 452, s. 17G, as appearing in St. 1951, c. 376, s. 1. See also, CBC Ord. s. 5-8.1.

When the M.B.T.A. first announced plans to in- crease fares, the Transportation Commissioner Ri- chard Dimino began working with the M.B.T.A. Ad- visory Board to insure that the increase would incorporate a number of measures designed to reduce the impact on low-income and transit-dependent groups, in response to these actions, the M.B.T.A. Board of Directors scaled back its original proposal to increase the fares for elderly and handicapped riders from 25 cents to 15 cents. In addition, the M.B.T.A. introduced multiple-ride discounts for sub- way riders and express bus riders. When purchasing five tokens, subway riders will be allowed one free ride, and express bus riders can receive a 10% dis- count by purchasing a ten ride ticket.

The M.B.T.A. has indicated that the increase had to be balanced against cutbacks in needed transit services which would likely result because of declin- ing state support for the M.B.T.A. In addition, the fare increase is subject to a full environmental review process, and the Transportation Commissioner will continue to work to insure that the M.B.T.A. de- velops a comprehensive policy that takes into account the needs of all transit users.

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Finally, the M.B.T.A. Advisory Board can only ap- prove fares on buses and the surface Green Line. It has no power to stop the fare increase on any of the subway lines or the commuter rail service. See Chap- ter 161A, Section 4(e) of the General Laws.

Therefore, although I am compelled to veto this or- der because of the provisions of the City Charter, I want to assure the Council that the Administration has pursued and is pursuing appropriate avenues to protect City residents regarding M.B.T.A. fares. Very truly yours,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Assigned for further action.

DISAPPROVING RESOLUTION RE ESTABLISH- MENT OF PROCEDURE WAIVING PENAL- TIES AND INTEREST FOR THOSE FAILING TO PAY FIRST INSTALLMENT F FY92 TAXES BECAUSE OF FINANCIAL DIFFI- CULTY OR LACK OF COMMUNICATION (DOCKET No. 1000)

The following was received:

City of Boston Office of the Mayor

July 29, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved a resolution passed by your Honorable Body July 10, 1991, Docket No. 1000, regarding the es- tablishment of a procedure whereby interest and pen- alties are waived with respect to those who, because of financial difficulties or a lack of communication, fail to pay the first installment of FY'92 taxes until November 1.

My reason for my disapproval is that the City is governed in this matter by G.L. c. 59, s. 57C, the provisions of which the City Council voted to accept April 10, 1991, and which I subsequently approved. Section 57C provides in relevent part that the first in- stallment of real estate taxes is due August 1 and the second installment is due on November 1 , "after which dates if unpaid, they shall become delinquent and subject to interest as provided herein." Said sec- tion further provides as follows: If any such installment, tax, betterment assessment or apportionment thereof, water rate or annual sewer use or other charge added to such tax ... is not timely paid, it shall be delinquent, and interest at the rate of fourteen percent per annum computed from the due date shall be paid. For purposes of this section, amounts not timely received shall be deemed unpaid. . . .

I regret that, because the resolution conflicts with state law, I must disapprove it.

Very truly yours,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Assigned for further action.

DISAPPROVING ORDINANCE RE SEIZURE OF AMPLIFICATION OR SOUND-PRODUCING EQUIPMENT (DOCKET No. 0973)

The following was received:

City of Boston Office of the Mayor

August 5, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an ordinance passed by your Honorable Body July 17, 1991, Docket No. 0973, entitled "Seizure of Amplification or Sound-Producing Equipment When Causing Noise Violations".

The City Council has brought to the forefront an important issue which impacts on the quality of life in Boston. Loud, raucous, amplified sound has be- come so pervasive in certain areas of Boston that res- idents are being denied the quiet enjoyment of their homes. I intend to sign into law a strong ordinance which will address this very serious and growing problem.

I wish that the ordinance which the Council has presented to me could be that ordinance. But the Law Department informs me that in its present form, the ordinance is legally flawed, and, therefore, I can- not sign it. I have asked the Law Department to work with Councillor Hennigan Casey to immediately correct the legal problems with this ordinance so that it will be in a form that I can sign.

My reasons for disapproval, then, are that the ordi- nance, as presently drafted, would be unenforceable and would not survive a legal challenge. I am in- formed by the Law Department that the ordinance has the following legal problems:

1. Void for Vagueness — The Supreme Judicial Court has struck down Boston ordinances which were constitutionally deficient because they were "void for vagueness." See, e.g.. Commonwealth v. Williams, 395 Mass. 302 (1985). The constitution requires that an ordinance such as this clearly define the conduct prohibited and the punishment authorized. The ordi- nance does not meet these requirements.

2. No Definitions — While definitions are not re- quired in every instance, terms such as, "so-called 'boom boxes' ", for example, are not clear enough to pass meet the void for vagueness test.

3. Discretion in Enforcement — The ordinance must provide definite and objective standards to those who are to enforce its provisions. Without such guid- ance, enforcement may be arbitrary, which would be unconstitutional.

4. Overbreadth — The language is vague and over- broad, very likely including within its reach certain constitutionally protected conduct or speech.

5. Seizure of Property — Due process requires no- tice and a reasonable opportunity to be heard regard- ing the seizure of property. The ordinance appears to fall short of due process safeguards.

6. Technical Problems — An ordinance on this subject will be judged both on its face and on its ap- plication. On its face, the ordinance is confusing. For example, it speaks of "allowed amplification device" when the context indicates it should state "a loud amplification device". In addition, terms such as "unreasonable noise", "loud sounds", and "loud noise" are used interchangeably.

As indicated, I have already asked the Law Depart- ment to meet immediately with the ordinance's spon- sor, Councillor Hennigan Casey, to help draft a le- gally acceptable ordinance. I would hope that such an

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ordinance could be filed and passed by the Council this week. If so, I will sign it as soon as it is pre- sented to me by the City Clerk.

Very truly yours,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Assigned for further action.

LATE-FILE MATTER

The Chair moved that the rules be suspended and that the following two late-filed matters in the hands of the City Clerk be added to the agenda.

The motion was carried.

The matters were added to the Agenda.

ORDINANCE REGARDING UNREASONABLE OR EXCESSIVE NOISE (DOCKET NO. 1068)

Couns. HENNIGAN CASEY, KELLY, SALERNO,

TRAVAGLINI, O'NEIL, SCONDRAS, BYRNE,

MENINO and BOLLING offered the following:

City of Boston

In the Year Nineteen Hundred and Ninety-one

An Ordinance Regarding Unreasonable or Excessive

Noise. Be it ordained by the City Council of Boston, as follows:

Section 1. C.B.C. Ordinances 16-26.1 is hereby amended by striking it out in its entirety and inserting in place thereof the following section: 16-26. 1 . General Prohibition and Definitions.

No person shall make or cause to be made any unrea- sonable or excessive noise in the City, by whatever means or from whatever source.

As used herein, the following terms shall have the fol- lowing meanings:

a) "dBa" — the A-weighted sound level in decibels, as measured by a general purpose sound level meter com- plying with the provisions of the American National Standards Institute, "Specifications for Sound Level Me- ters (ANSI SI. 4 1971)", properly calibrated, and oper- ated on the "A" weighting network.

b) "Loud amplification device or similar equipment" — a radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker, or sound amplifier which is operated in such a manner that it creates unreasonable or excessive noise.

c) "Unreasonable or excessive noise" —

1 ) Noise measured in excess of 50dBa between the hours of 11:00 p.m. and 7:00 a.m., or in excess of 70dBa at all other hours; or

2) In the absence of an applicable noise level stand- ard or regulation of the Air Pollution Control Com- mission, any noise plainly audible at a distance of three hundred (300') feet or, in the case of loud am- plification devices or similar equipment, noise plainly audible at a distance of one hundred (100') from its source by a person of normal hearing.

Section 2. CBC Ord. Sec. 16-26.6 is hereby amended by inserting after the workds "between the hours of 11:00 p.m. and 7:00 a.m." the following words: — or in excess of 70dBa at all other hours.

Section 3. There shall be added after CBC Ord. Sec. 16-26.6 the following new sections:

16-26.7. Prohibition Against Loud Amplification De- vices in Motor Vehicles.

It shall be unlawful for any person in any area of the City to operate a loud amplification device or similar equipment, as defined in CBC Ord. Sec. 16-26.1, in or on a motor vehicle which is either moving or standing in a public way.

16-26.8. Prohibition Against Loud Amplification De- vices in Public Ways or Places.

It shall be unlawful for any person in any area of the City to operate a loud amplification device or similar equipment, as defined in CBC Ord. Sec. 16-26.1, in a public way or in any other public place.

16-26.9. Prohibition Against Loud Amplification De- vices in or on Residential Premises.

It shall be unlawful for any person in any area of the City to operate a loud amplification device or similar equipment, as defined in CBC Sec. 16-26. 1 , in a dwell- ing house or on the land or other premises of such dwell- ing house.

16-26.10. Enforcement.

Any person aggrieved by such operation of a loud am- plification device or similar equipment in violation of CBC Ord. Sees. 16-26.7, 16-26.8, or 16-26.9 may com- plain to the police, who shall enforce this section.

Notwithstanding the provisions of CBC Ord. Sec. 16- 26.6, the police are also hereby authorized to enforce said sections without any such complaint; nor shall the police be required to verify the decibel level by use of a sound level meter.

16-26.11. Penalties.

Any person who violates CBC Ord. Sec. 16-26.7, 16- 26.8, or 16-26.9 shall, for the first offense, be given an oral or written warning. The police officer who gives the warning shall make a record of having served the warn- ing, such record to include the following information to the extent that it is available to him: name and address of person warned; name and address of landlord, if applica- ble; date; time; motor vehicle registration number, if ap- plicable; and location of where the warning was given. If the person warned refuses to give the above-noted infor- mation to the police officer, said person shall be punished by a fine of $50.00. The police officer shall give such person a notice of the violation and fine, and the violation and fine shall be disposed of pursuant to G . L . c . 40 , sec . 21D.

Any person who subsequently violates this section af- ter having received a warning shall be punished by a fine of $50.00 for the second offense; $100.00 for the third offense; and $200.00 for the fourth and subsequent of- fenses committed within a 36-month period. All fines hereunder shall be recovered by the non-criminal dispo- sition procedures stated in G.L. c. 40, sec. 2 ID, which procedures are incorporated herein by reference; pro- vided, however, that if a violator fails to follow the proce- dures and requirements of said sec. 2 ID, the fine or fines shall be recovered by indictment or on complaint pursu- ant to G.L. c.40, sec. 21.

16-26. 12. Arrest and Seizure of Property.

Notwithstanding the provisions of any other ordinance of the City of Boston, if a person is arrested by a Boston police officer under the authority of the Massachusetts General Laws, including without limitation the provi- sions of G.L. c. 272, sec. 54 for disturbing the peace under G . L. c . 272 , sec . 53 , or any applicable Massachu- setts General Law, the arresting officer may, pursuant to said General Laws, seize any loud amplification device or similar equipment, as defined in CBC Ord. Sec. 16- 26. 1 , as evidence. In the event of such seizure for evi- dence by a Boston police officer incident to such arrest, such amplification device or similar equipment shall be inventoried and held by the Boston Police Department or its agents, and shall be returned to its owner according to the terms of this section, unless a court of competent ju- risdiction orders otherwise.

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The arresting officer, in addition to any other reports or procedures required of him, shall give the person claim- ing to be the owner of said loud amplification device or similar equipment a receipt indicating where, when, and for what reason said device or equipment was seized, and for what purpose it is being held. Copies of said receipt shall be filed in the Boston Police Department and shall be made available to the court. No receipt shall be re- deemed and no such device or equipment shall be re- turned to any person unless and until all judicial proceed- ings that may be held regarding the criminal allegations shall have been finally completed; provided, however, that if a motor vehicle shall be seized incident to an ar- rest, such motor vehicle may be returned to its registered owner if said loud amplification device or equipment has been duly removed therefrom with the permission of the registered owner of said motor vehicle. In such cases, the Police Department shall provide said owner with a re- ceipt for the removed device or equipment as herein pro- vided.

16-26.13. Exemptions.

The following are exempted from the provisions of CBC Ord. 16-26 and shall not be considered unreasona- ble or excessive noise for purposes of this ordinance:

a) Noise from law enforcement motor vehicles.

b) Noise from emergency vehicles which is emitted during an actual emergency.

c) Noise which a person is making or causing to be made where such person has received and maintains a valid license or permit therefor from any department, board or commission of the City authorized to issue such license or permit; provided, however, that such noise shall be permitted only to the extent allowed by the li- cense or permit.

Section 4. Severability.

If any provision or section of this ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered sepa- rately and apart from the remaining provisions or sec- tions of this ordinance, which shall remain in full force and effect.

Section 5. Effective Date.

This ordinance shall take effect upon its passage.

On motion of Coun. HENNIGAN CASEY the rules were suspended; the ordinance was passed.

ORDER FOR PETITION TO THE GENERAL COURT ENABLING REGISTRY OF MOTOR VEHICLES TO REFUSE TO ISSUE OPERATOR'S LICENSE OR MOTOR VEHICLE REGISTRATION IN BOSTON WHEN FINES IMPOSED FOR DIS- TURBING PEACE DUE TO EXCESSIVE NOISE BY USE OF MOTOR VEHICLE ARE UNPAID (DOCKET NO. 1069)

Couns. HENNIGAN CASEY, KELLY, SALERNO, ONEIL, TRAVAGLINI, SCONDRAS, BYRNE, MENINO, and IANNELLA offering the following:

Ordered, That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only :

Section 1 . The Boston police department and any court of competent jurisdiction shall notify the registry of mo- tor vehicles of every conviction concerning disturbing

the peace in Boston, including any arrest pursuant to sec- tion fifty-four of chapter two hundred and seventy -two of the general laws and any conviction pursuant to section fifty-three of said chapter two hundred and seventy-two, in which a motor vehicle was used or operated in a man- ner found to cause excessive noise, including noise ema- nating from any radio, tape recorder or other amplifying device attached to or present in any such motor vehicle. Said police department or court shall likewise notify the registry of motor vehicles of any unpaid fine imposed upon any person so convicted in Bosotn under said sec- tion fifty-three or other provision of the general laws.

Section 2. Upon the receipt of any notice that a person so convicted has not paid any fine imposed, the registry of motor vehicles shall not renew the operator's license of any person so convicted, nor renew the motor vehicle registration of any vehicle used to disturb the peace, un- less and until every fine so imposed has been paid and satisfactory proof thereof has been provided to said regis- try.

Section 3. This act shall take effect upon its passage.

On motion of Coun. HENNIGAN CASEY the rules were suspended; the order was passed.

VISITORS TO CITY COUNCIL

President IANNELLA welcomed to the City Coun- cil former State Senator Bruce Boiling, Sr. , and State Senator William Owens. The gentlemen stood and were applauded.

DISAPPROVING RESOLUTION REQUESTING CITY ASSUME BURIAL COSTS FOR CHRIS- TOPHER ROGERS (DOCKET No. 1021)

The following was received:

City of Boston Office of the Mayor

August 5, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved a resolution passed by your Honorable Body July 17, 1991, Docket No. 1021, which requests that the City of Boston assume burial costs for Chris- topher Rogers.

My reason for my disapproval is that it is illegal and beyond the power of a municipality to use funds raised by taxation for private purposes. This is so even in a case, as here, where there may be strong sentiment by public officials and others to assist the Rogers family financially.

It is my understanding that the balance of burial expenses not paid by the Commonwealth are being paid from non-public funds, and that a variety of people and organizations have contributed to this. Therefore, even though I am compelled to disapprove this resolution for legal reasons, I believe the Coun- cil's intent to assist the Rogers family has been served.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Assigned for further action.

AUGUST 7, 1991

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GRANT OF $200,000, CONSISTING OF $35,000 FROM MILTON S. EISENHOWER FOUNDA- TION AND $165,000 IN MATCHING FUNDS FROM BOSTON POLICE DEPARTMENT, TO DEVELOP CONCRETE RELATIONSHIPS WITH NEIGHBORHOODS TO COMBAT DRUG ABUSE (DOCKET No. 1024)

The following was received:

City of Boston Office of the Mayor

August 6, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order au- thorizing the City of Boston to accept and expend a grant in the amount of two hundred thousand dollars ($200,000). This grant will consist of thirty-five thousand dollars ($35,000.00) from The Milton S. Eisenhower Foundation and one hundred sixty-five thousand dollars ($165,000.00) in matching funds from the Boston Police Department. These funds will be used to develop stable and concrete relationships with the neighbhorhoods to combat crime and drug abuse, and will specifically target at-risk youth groups.

I urge your Honorable Body to pass this order as expeditiously as possible to ensure the continued suc- cessful operation of programs funded by this grant. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the City of Boston, acting by and through its Police Department, be, and hereby is, au- thorized in accordance with G.L. c. 44, s. 53A to accept and expend a grant in the amount of two hun- dred thousand dollars ($200,000.00). The grant will be comprised of thirty-five thousand dollars ($35,000.00) from The Milton S. Eisenhower Foun- dation and one hundred sixty-five thousand dollars ($165,000.00) in matching funds from the Boston Po- lice Department. The funds will be used to aid in the Department's efforts in the war against drugs and crime and will specifically target at-risk youth groups, which is pursuant to the purpose for which the grant was made.

Referred to the Special Committee on Substance Abuse.

GRANT OF $27,250, FROM HUD FOR BOSTON FAIR HOUSING COMMISSION (DOCKET No. 1025)

The following was received:

City of Boston Office of the Mayor

July 25, 1991. To the City Council. Dear Councillors: I transmit herewith for your approval an order au- I thorizing the City of Boston to apply for, accept and expend $27,250, in grant monies from the United States Department of Housing and Urban Develop- ment.

This request is necessary in order for the Boston Fair Housing Commission to accept the renewal of a grant from the Department of Housing and Urban Development under the federal Fair Housing Assist-

ance Program. This maintenance grant is awarded to support the Commission's enforcement capability.

I urge your Honorable Body to pass this order as expeditiously as possible in order that these funds may be used for the purposes for which granted. Respectfully,

Raymond L. Flynn, Mayor.

Whereas, The Boston Fair Housing Commission was created in 1982 by City ordinance; and

Whereas, The Boston Fair Housing Commission has been accepted by the United States Department of Housing and Urban Development to be a partici- pant in the Federal Fair Housing Assistance Program; and

Whereas, The United States Department of Hous- ing and Urban Development has made available cer- tain grants to Fair Housing Assistance Program agen- cies; and

Whereas, The Boston Fair Housing Commission has received a maintenance grant to further support the Commission's capability to investigate housing discrimination complaints filed by Boston residents in order to increase access to housing in the City of Boston; now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to ap- ply to the United States Department of Housing and Urban Development for Fair Housing Assistance Pro- gram grant funding for the purpose of complaint in- vestigation in the City of Boston; and in connection therewith, to execute and deliver such documents as may be required by the federal government; and in accordance with Section 53A of Chapter 44 of the General Laws, to accept and expend such funds for the purposes for which granted.

Referred to the Committee on Housing.

GRANT OF $325,000 FROM HUD TO ESTABLISH AND OPERATE METROPOLITAN BOSTON HOUSING OPPORTUNITY CLEARING HOUSE (DOCKET No. 1026)

The following was received:

City of Boston Office of the Mayor

August 5, 1991. To the City Council. Dear Councillors:

I transmit, herewith, for your approval an order au- thorizing the City of Boston to apply for, accept and expend $325,000 in grant monies from the U.S. De- partment of Housing and Urban Development (HUD).

This request is necessary in order for the Boston Fair Housing Commission to accept a grant from HUD to establish and operate a Metropolitan Boston Housing Opportunity Clearing Center.

This grant is awarded to facilitate open access and housing opportunities in Boston and the cities and towns surrounding Boston, for low-income Black households and other low-income minority house- holds.

I urge your honorable Body to pass this order as expeditiously as possible in order that these funds may be used for the purposes for which granted. Respectfully,

Raymond L. Flynn, Mayor.

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Whereas, The Boston Fair Housing Commission was created in 1982 by City ordinance; and

Whereas, The Boston Fair Housing Commission has been accepted by the U.S. Department of Hous- ing and Urban Development to establish and operate the Metropolitan Boston Housing Opportunity Clear- ing Center (Metrolist); and

Whereas, The U.S. Deparatment of Housing and Urban Development has made available certain grants to implement the NAACP, Boston Branch v. HUD, Consent Decree; and

Whereas, The Boston Fair Housing Commission has received a one-year grant to facilitate open access and housing opportunities in Boston and the cities and towns surrounding Boston, for low-income Black households and other low-income minority house- holds; now, therefore, be it

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized to ap- ply to the U.S. Department of Housing and Urban Development for funding in the amount of $325,000 for the purpose of establishing and implementing a comprehensive program to facilitate accessibility to clear, consistent, and comprehensive information re- garding housing opportunities throughout the Boston metropolitan area, for low-income minority house- holds now living in the City of Boston; and in con- nection therewith, to execute and deliver such docu- ments as may be required by the federal government; and in accordance with Section 53A of Chapter 44 of the General Laws, of the General Laws, to accept and expend such funds for the purposes for which granted.

RE: Award from the U.S. Department of Housing and Urban Development to the Boston Fair Housing Commission to establish and operate the Metropolitan Boston Housing Opportunity Clearing Center. $325,000 to be distributed as follows:

(a) $122,500 Administration

(b) 71,500 Computerized Listing Service

(c) 80,000 Education and Outreach

(d) 51,000 Housing Counseling Referred to the Committee on Housing.

ORDINANCE ESTABLISHING OFFICE OF MU- NICIPAL INVESTIGATION (DOCKET No. 1027)

The following was received:

City of Boston Office of the Mayor

August 5, 1991. To the City Council. Dear Councillors:

I transmit herewith and for your approval an ordi- nance to establish an Office of Municipal Investiga- tion within the City of Boston. I am refiling this or- dinance because I believe that it is the appropriate vehicle for assuring community confidence in the conduct of municipal employees and for assuring mu- nicipal employees that citizen complaints will be han- dled fairly and professionally. There may be differing opinions as to whether there is a problem and what the nature of that problem is. However, if there is a perception of a problem, we must deal with it.

There is presently no central agency in the city which is officially charged with addressing alleged acts of misconduct on the part of those who work for or contract with the city. Individual departments pur- sue investigations and discipline on their own without

central coordination or accountability. Despite pre- vious rejection by the City Council, I continue to be- lieve that an Office of Municipal Investigation should be established as the essential complement to the in- ternal disciplinary components of the various depart- ments.

The Office of Municipal Investigation would serve under the charge of three commissioners, one of whom would serve as chair, and be administered by a director. The Office would accept citizen complaints, investigate such complaints, and report the results of such investigations to the appropriate city officials and to the mayor. The Office would not directly prosecute or discipline employees or displace the in- ternal investigative procedures of the various depart- ments. For the first time, however, there would be a central city agency referring results of investigations directly to the mayor, and helping to determine which investigations are referred to appropriate law enforce- ment agencies.

Recent publicity concerning the Inspectional Serv- ices Department and the Police Department make re- consideration of such an Office of Municipal Investi- gation timely and appropriate. Frankly, I believe that recent events would have played out very differently if such an office were already in place. At each stage of the disciplinary procedure — intake, investigation, and legal review — the rights of the public and the employee must be balanced appropriately. I cannot accept a resolution which compromises community confidence in order to sustain employee morale or one which destroys employee morale in the short- sighted pursuit of community approval.

In the case of Inspectional Services, I am confident that the internal management procedures necessary to prevent further employee misconduct are being put in place. Nevertheless, I want to see a central office es- tablished so that the public has a place to turn if these practices should ever resurface. In the case of the Police Department, I want to establish further procedures, so that the public has a place to turn within city government in addition to the Internal Af- fairs Division of the department. Additionally, I have asked Attorney James St. Clair, Chairman of the Management Review Committee of the Boston Police Department, to review the operations of the Internal Affairs Division itself and make recommendations as he and the committee see fit. These issues must be addressed swiftly and professionally so that the public focus can return to implimenting the community po- licing plan which is at the heart of our eforts to ad- dress violence and crime in Boston's neighborhoods. To succeed the police need the community and the community needs the police.

While public attention may be directed toward these two departments, I believe in a broad mandate for the Office of Municipal Investigation covering all municipal employees. As the City Council process moves forward, I am open to considering views and amendments from the City Council and its individual members. If we work together, we have an opportu- nity to resolve a potentially contentious issue in a way which improves both community confidence and employee morale. I urge your Honorable Body to act promptly and favorably on this matter. Upon passage of this ordinance, I shall submit a supplemental ap- propriation to the Council to provide sufficient re- sources for the agency.

Respectfully submitted,

Raymond L. Flynn, Mayor.

AUGUST 7, 1991

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City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance Establishing the Office of Municipal Investigations.

Be it ordained by the City Council of Boston, as fol- lows:

Whereas, The prompt investigation of the allega- tions of misconduct by municipal employees in the performance of their duties is necessary to maintain the confidence of the people of the City of Boston in their city government; and

Whereas, Misconduct is currently dealth with on a departmental basis with no central office to receive complaints on such incidents of misconduct and no city-wide agency dealing exclusively with investigat- ing such incidents; and

Whereas, Access to all city departments and coop- eration of departments as needed is essential to the prompt determination of whether misconduct oc- curred in a given instance and to the efficient dispo- sition of all allegations; now

Therefore, The following is declared to be in the public interest;

Section One. City of Boston Code, Ordinances, Chapter V is hereby amended by adding, after Sec- tion 5-9.10, the following new section:

5-9.11 Office of Municipal Investigation.

a. There is hereby established within the Office of the Mayor a division to be known as the Office of Municipal Investigation (OMI) under the charge of three commissioners to be appointed by the Mayor, one of whom shall be designated "Chair." The OMI shall be administered by a Director, appointed by the Mayor, who, in close consultation with the chair, shall manage the affairs of the Office in a day to day basis. The Commissioners shall be special municipal employees in accordance with G.L. c. 268 A.

The OMI shall be the City of Boston agency re- sponsible for investigating allegations of "serious misconduct" by city officials, employees, or agents while such officials, employees, or agents while such officials, employees, or agents are acting within the scope of their employment. The OMI function is to investigate, and report the results of such investiga- tions to appropriate city officials, not to prosecute or discipline. The OMI shall cooperate with and not knowlingly interfere with the proper conduct of law enforcement officials; including without limitation the U.S. Attorney, the Massachusetts Attorney General, and District Attorneys. All investigations shall be conducted with due regard for civil service laws and collective bargaining contracts.

The OMI shall have the authority to establish writ- ten guidelines not inconsistent with this Ordinance for the discharge of its responsibilities.

The Commissioners shall meet on a regular basis and the Director shall report to them on the progress of any investigations.

b. Definitions. For the purpose of this section, the following words and terms shall have the meanings as defined hereunder. Words used in the masculine gender include the feminine. Where any word or term is not defined, the ordinarily accepted meaning of the word shall apply.

1. "Person" means any natural person, proprietor- ship, corporation, government, partnership, trust, joint venture, group, association, organiza- tion or other business or enterprise of any kind or nature and any division, department or other suborganizational unit.

2. "Serious misconduct" for a City employee means bribery or extortion, theft of city prop- erty, performance of a lawful, official act in an illegal or improper manner, or serious violation of a law, rule or regulation which may be con- sidered by the OMI as reasonable cause for in- vestigation.

3. "Criminal intelligence information" means in- formation concerning identifiable individuals compiled in an effort to anticipate, prevent or monitor possible criminal activity.

c. Staff. The Director shall hire and supervise a staff and shall have such other official duties as set forth herein and shall have such further duties and powers as delegated by the Mayor. The Director and all investigative staff shall be bonded by the City and shall be unclassified, full-time employees without secondary employment which conflicts with or cre- ates a conflict of interest with their duties and re- sponsibilities. The Director and Chief Investigator must receive written approval from the Mayor before accepting or engaging in any secondary employment. The Director shall have official duties as set forth herein and shall have such further duties and powers as delegated by the Mayor.

d. Powers and Duties.

1. The OMI shall have the responsibility and power to investigate and inquire into any serious mis- conduct by any City employee or other person who contracts in writing with the city and may review the process and decision of various de- partmental investigations upon request of the complianant or upon recommendation of the Commissioners. The Director, when authorized by the Mayor, may request assistance from other city departments and/or outside consultants to aid such investigations.

2. Conduct that is not considered serious by the Commission shall be referred to the appropriate department head.

3. All OMI personnel shall be prepared to partici- pate as witnesses and to present testimony and evidence to those tribunals, administrative or criminal, that retain jurisdiction after an investi- gation is concluded.

4. OMI is intended to supplement other city, state or federal investigating and enforcement bodies. An employee may be the subject of parallel ad- ministrative investigations. The Commission shall take all measures necessary to insure that parallel or subsequent criminal investigations or prosecutions are not compromised by its opera- tions.

At the discretion of the Director in consultation with the Commissioners, the OMI may determine not to investigate an allegation of serious misconduct, or to defer investigation, if another law enforcement ag- ency is conducting a similar investigation and action by OMI would potentially impair that investigation. If a Commissioner is officially connected with a city department he shall excuse himself from any deliber- ation or vote of the Commission in connection there- with.

e. Complaint. Any person may file a complaint with the OMI. Upon request of the complainant, his identity shall remain confidential until the conclusion of the investigation.

1. Investigation shall be commenced upon the re- ceipt of complaint of or knowledge by OMI of serious misconduct.

2. All city departments shall report all serious mis- conduct to and refer all complaints of serious misconduct or other complaints specified herein

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to the OMI. Parallel investigations between the OMI and the department may be necessary and shall be coordinated with OMI upon consultation with the departments involved.

f. Employee Protection. All city supervisors shall refrain from coercion of or reprisal toward any city employee who has filed a complaint with OMI. A vi- olation of this section may give good cause for or constitute a ground for reduction in pay, suspension, removal or any other administrative disciplinary action. Any such disciplinary action shall be taken in accordance with applicable law, city personnel poli- cies, and/or collective bargaining contract.

g. Conduct of Investigation.

1. At the commencment of its investigation, OMI shall have immediate access to all city records, documents and employees, including employee personnel records, departmental investigation files and reports and Retirement Board records. OMI shall not have access to any records of the Boston Police Department which contains any criminal intelligence information. Confidentiality of records in the possession of OMI or created by OMI shall be protected according by law.

2. Investigations are to be conducted according to law. The use of extraordinary investigative methods shall be in accordance with the law and subject to review by the Corporation Counsel prior to implementation.

h. Appearance. The Director of OMI shall have the authority to require the appearance of any city em- ployee during his regular assigned working hours, and to question such employee regarding matters spe- cifically relating to any serious misconduct. Any city employee shall be permitted to have union or legal representation during all questioning by OMI, pro- vided that the investigation is not unreasonably de- layed because of the unavailability of union or legal representation. No disciplinary action for failure to respond to question from OMI shall be taken unless the employee was warned prior to the questions being propounded to him that the failure to respond may be the basis for administrative disciplinary action, in- cluding dismissal. The employee shall have the right to appeal from such disciplinary action as provided by law, the rules of the Massachusetts Civil Service commission and such other rights as provided by the city's personnel policies and procedures relating to disciplinary action.

i. Interference With Investigation.

1. No city employee or any person contracting in writing with the city shall prevent, obstruct, or otherwise hinder any investigation conducted by OMI. Any violation of this paragraph shall give good cause for or constitute a ground for reduc- tion in pay, suspension, removal or any other administrative disciplinary action in accordance with law, the rules of the Massachusetts Civil Service Commission and the city's policies and procedures relating to disciplinary action and collective-bargaining contracts. The city em- ployee shall have the right to appeal from such disciplinary action as provided by law, the rules of the Massachusetts Civil Service Commission, such other rights as provided by the city's per- sonnel policies and procedures relating to disci- plinary action, and collective-bargaining con- tracts.

2. Every city official, employee or officer and every person contracting in writing with the city shall cooperate with the OMI. OMI shall solicit the voluntary cooperation of all other persons with its investigations.

j. Report and Condidentiality of Investigation.

1. At the conclusion of the investigation, OMI shall submit to the Mayor a written report con- taining final conclusions and pertinent facts. OMI shall provide such report or a summary thereof to the complainant, to the accused and to the appropriate department head or appointing authority. Upon request, OMI may make availa- ble such report or a summary thereof to the public.

2. Except for the members and staff of OMI, the Mayor, the Corporation Counsel and any law enforcement agency conducting a parallel cur- rent investigation into the suspected serious mis- conduct of a city employee, no city employee or any other person shall have access to the investi- gatory files of OMI, except those which are public records under G.L. c. 4, s. 7(26).

Section Two: This ordinance shall take effect upon passage. Referred to the Committee on Public Safety.

ORDER FOR CONFIRMATION OF APPOINT- MENTS OF WEIGHERS OF GOODS (DOCKET No. 1028)

The following was received:

City of Boston Office of the Mayor

August 5, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by the City of Boston Code, Ordinances, Chapter II, Section 2- 7.2, I hereby appoint, subject to confirmation by your Honorable Body, the following-named persons as Weighers of Goods for a one-year term beginning with the first day of May, 1991:

Patrick Coady, 86 Westview Drive, Stoughton, MA.

Jesse letter, 54 Rockvale Circle, Jamaica Plain, MA. Robert Boucher, 24 Third Street, Brockton, MA. John Baumeister, 180 South Maple Street, Ran- dolph, MA.

The commission of all Weighers of Goods not named herein expires on April 30, 1991 and such Weighers of Goods are hereby removed from office from and after May 1, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered: That pursuant to City of Boston Code, Ordinances, Chapter II, Section 2-7.2, the following- named persons having been appointed to be Weighers of Goods for the term of one year ending April 30, 1992, be, and hereby are confirmed.

Patrick Coady, 86 Westview Drive, Stoughton, MA.

Jesse Jetter, 54 Rockvale Circle, Jamaica Plain, MA.

Robert Boucher, 24 Third Street. Brockton, MA.

John Baumeister, 180 South Maple Street, Ran- dolph, MA.

Passed under suspension of the rules.

AUGUST 7, 1991

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ORDER FOR CONFIRMATION OF APPOINT- MENTS OF CONSTABLES (DOCKET No. 1029)

The following was received:

City of Boston Office of the Mayor

August 5, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the persons named on the enclosed order as Constables of the City of Boston, authorized to serve civil process upon riling of bond, for the period commencing May 1, 1991 and ending April 30, 1992.

Sincerely,

Raymond L. Flynn, Mayor.

CRIME STATISTICS FOR PERIOD 6/29 THROUGH 7/5/91 (DOCKET No. 1032)

The following was received:

City of Boston Office of the Mayor

August 6, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing June 29, 1991 and ending July 5, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

Ordered, That the appointment of the following- named persons as Constables of the City of Boston for the period commencing May 1, 1991 and ending April 30, 1992 be, and hereby is confirmed.

Richard E. Kenney, 10 Corcoran Drive, Hyde Park.

Henry Hickey, 38 Cross Street, Charlestown.

Passed under suspension of the rules.

CRIME STATISTICS FOR PERIOD 6/15 THROUGH 6/21/91 (DOCKET No. 1030)

The following was received:

City of Boston Office of the Mayor

August 6, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing June 15, 1991 and ending June 21, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on fde.

CRIME STATISTICS FOR PERIOD 7/6 THROUGH 7/12/91 (DOCKET NO. 1033)

The following was received:

City of Boston Office of the Mayor

August 6, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing July 6, 1991 and ending July 12, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

COMMUNICATION FROM CITY REGISTRAR TRANSMITTING CERTAIN STATISTICS (DOCKET NO. 1034)

Communication was received by the City Clerk from Judith A. McCarthy, City Registrar, transmit- ting Birth, Death, and Marriage statistics.

Placed on file.

CRIME STATISTICS FOR PERIOD 6/21 THROUGH 6/28/91 (DOCKET No. 1031)

The following was received:

City of Boston Office of the Mayor

August 6, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics ■for the period commencing June 21, 1991 and ending ■June 28, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

COMMUNICATION FROM MBTA RE OLD COL- ONY RAILROAD REHABILITATION PROJ- ECT, ENVIRNOMENTAL ASSESSMENT PROCESS (DOCKET NO. 1035)

Communication was received by the City Clerk from the M.B.T.A. re: Old Colony Railroad Rehabil- itation Project, Environmental Assessment Process.

Placed on file.

COMMUNICATION FROM MASSACHUSETT IN- DUSTRIAL FINANCE AGENCY RE PRO- POSED REVENUE BOND PROJECT FOR NEW ENGLAND COLLEGE (DOCKET NO.

1036)

Communication was received from Michael Mey- ers, Deputy Executive Director and Chief Operating

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Officer, Massachusetts Industrial Finance Agency re: proposed revenue bond project for New England Col- lege. Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 1037)

Notice was received from the City Clerk in accord- ance with the Chapter 6 of the Ordinances of 1979 re: actions taken by the Mayor on the papers acted upon by the City Council at its meeting of June 5, 1991.

Placed on file.

REPORT ON ORDER AUTHORIZING SUFFOLK COUNTY SHERIFF TO ACCEPT AND EX- PEND FUNDS NOT TO EXCEED $425,000 TO PROVIDE CORRECTIONAL ALTERNATIVES FOR MAXIMUM OF TWENTY DETAINEES (DOCKET NO. 0881)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 0881, message of the Mayor and order authorizing the Suffolk County Sheriff to accept and expend funds in an amount not to exceed $425,000 to provide correctional alternatives for a maximum of twenty detainees (referred June 26) rec- ommending passage of the order.

The report was accepted; the order was passed.

NOTICE FROM CITY CLERK (DOCKET NO. 1038)

Notice was received from the City Clerk in accord- ance with the Chapter 6 of the Ordinances of 1979 re: actions taken by the Mayor on the papers acted upon by the City Council at its meeting of June 12, 1991.

Placed on file.

REPORT ON ORDER APPROVING ISSUANCE OF TAX-EXEMPT REVENUE BONDS IN AMOUNT NOT TO EXCEED $80,000,000 FOR FINANCING OF POLLUTION CON- TROL FACILITIES TO BE OWNED BY BOSTON EDISON COMPANY OR ANY SUB- SIDIARY THEREOF, INCLUDING WITHOUT LIMITATION HARBOR ELECTRIC ENERGY COMPANY (DOCKET NO. 0828)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the follow- ing:

Report on Docket No. 0828, message of the Mayor and order approving the issuance of tax-exempt reve- nue bonds in an amount not to exceed $80,000,000 for the financing of pollution control facilities to be owned by the Boston Edison Company or any subsid- iary thereof, including without limitation Harbor Electric Energy Company (referred June 12) recom- mending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING SUFFOLK COUNTY SHERIFF TO ACCEPT AND EX- PEND FUNDS NOT TO EXCEED $91,031 FOR OPERATION OF HIV (AIDS) EDUCA- TION PROGRAM AT SUFFOLK COUNTY JAIL (DOCKET NO. 0882)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 0882, message of the Mayor and order authorizing the Suffolk County Sheriff to accept and expend funds in an amount not to exceed $91,031 for the operation of an HIV (AIDS) Educa- tion Program at Suffolk County Jail (referred June 26) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER FOR HEARINGS TO EX- AMINE POLICIES AND PROCEDURES AT SUFFOLK COUNTY HOUSE OF CORREC- TION (DOCKET NO. 0616)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 0616, order for hearings to examine policies and procedures at Suffolk County House of Correction (referred April 24) recommend- ing the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER AUTHORIZING SUFFOLK COUNTY SHERIFF TO ACCEPT AND EX- PEND FUNDS NOT TO EXCEED $135,575 FOR OPERATION OF RECOVERY UNIT PROGRAM AT SUFFOLK COUNTY JAIL (DOCKET NO. 0880)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 0880, message of the Mayor and order authorizing the Suffolk County Sheriff to accept and expend funds in an amount not to exceed $135,575 for the operation of a Recovery Unit Pro- gram at the Suffolk County Jail (referred June 26) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF RICHARD BERTMAN AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0931)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0931, message of the Mayor and order for confirmation of the appointment of Ri- chard Bertman as a member of the Landmarks Com- mission (referred June 28) recommending the ap- pointment be confirmed.

The report was accepted; the appointment was confirmed.

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REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF PAMELA McDERMOTT AS MEMBER OF LANDMARKS COMMIS- SION (DOCKET NO. 0932)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0932, message of the Mayor and order for confirmation of the appointment of Pa- mela McDermott as a member of the Landmarks Commission (referred June 28) recommending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF JOHN QUATRALE AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0936)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0936, message of the Mayor and order for confirmation of the appointment of John Quatrale as a member of the Landmarks Com- mission (referred June 28) recommending the ap- pointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF THOMAS ENNIS AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0933)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0933, message of the Mayor and order for confirmation of the appointment of Thomas Ennis as a member of the Landmarks Com- mission (referred June 28) recommending the ap- pointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF ALAN SCHWARTZ AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0937)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0937, message of the Mayor and order for confirmation of the appointment of Alan Schwartz as a member of the Landmarks Com- mission (referred June 28) recommending the ap- pointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF PAMELA HAWKES AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0934)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0934, message of the Mayor and order for confirmation of the appointment of Pa- mela Hawkes as a member of the Landmarks Com- mission (referred June 28) recommending the ap- pointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF JUNE HATFIELD AS AL- TERNATE MEMBER OF LANDMARKS COM- MISSION (DOCKET NO. 0938)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0938, message of the Mayor and order for confirmation of the appointment of June Hatfield as an alternate member of the Land- marks Commission (referred June 28) recommending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF ANTHONY PISANI AS MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0935)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0935, message of the Mayor and order for confirmation of the appointment of An- thony Pisani as a member of the Landmarks Com- mission (referred June 28) recommending the ap- pointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF KEITH LeBLANC AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0939)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0939, message of the Mayor and order for confirmation of the appointment of Keith LeBlanc as an alternate member of the Land- marks Commission (referred June 28) recommending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

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REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF MARIANNE ABRAMS AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0940)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0940, message of the Mayor and order for confirmation of the appointment of Marianne Abrams as an alternate member of the Landmarks Commission (referred June 28) recom- mending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF KATHLEEN BROOKER AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0944)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0944, message of the Mayor and order for confirmation of the appointment of Kathleen Brooker as an alternate member of the Landmarks Commission (referred June 28) recom- mending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF ALYCE LEE AS ALTER- NATE MEMBER OF LANDMARKS COMMIS- SION (DOCKET NO. 0941)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0941, message of the Mayor and order for confirmation of the appointment of Alyce Lee as a alternate member of the Landmarks Commission (referred June 28) recommending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF JAMES O'DONNELL AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0945)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0945, message of the Mayor and order for confirmation of the appointment of James O'Donnell as a member of the South End Landmark District Commission (referred June 28) recommending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF JAMES ALEXANDER AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0942)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0942, message of the Mayor and order for confirmation of the appointment of James Alexander as an alternate member of the Landmarks Commission (referred June 28) recom- mending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF RICHARD BERTMAN AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0946)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0946, message of the Mayor and order for confirmation of the appointment of Ri- chard Bertman as a member of the South End Land- mark District Commission (referred June 28) recom- mending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF MATTHEW KEIFER AS ALTERNATE MEMBER OF LANDMARKS COMMISSION (DOCKET NO. 0943)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0943, message of the Mayor and order for confirmation of the appointment of Matthew Keifer as an alternate member of the Land- marks Commission (referred June 28) recommending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF ANTHONY PISANI AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0947)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0947, message of the Mayor and order for confirmation of the appointment of An- thony Pisani as a member of the South End Land- mark District Commission (referred June 28) recom- mending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

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203

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF NANCY WILSON AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0948)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0948, message of the Mayor and order for confirmation of the appointment of Nancy Wilson as a member of the South End Land- mark District Commission (referred June 28) recom- mending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER AUTHORIZING CITY TO APPLY FOR, ACCEPT AND EXPEND CDAG IN AMOUNT NOT LESS THAN $244,418 TO ASSIST IN DEVELOPMENT OF STONE- CREST VILLAGE (DOCKET NO. 1004)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the follow- ing:

Report on Docket No. 1004, message of the Mayor and order authorizing the City to apply for, accept and expend a Community Development Action Grant (CDAG) in an amount not less than $244,418 to as- sist in the development of Stonecrest Village (referred July 17) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF ALAN SCHWARTZ AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0949)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0949, message of the Mayor and order for confirmation of the appointment of Alan Schwartz as a member of the South End Land- mark District Commission (referred June 28) recom- mending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF JOHN NEALE AS MEM- BER OF SOUTH END LANDMARK COM- MISSION (DOCKET NO. 0950)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0950, message of the Mayor and order for confirmation of the appointment of John Neale as a member of the South End Landmark District Commission (referred June 28) recommend- ing the appointment be confirmed.

The report was accepted; the appointment was confirmed.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF THOMAS PLANT AS MEMBER OF SOUTH END LANDMARK DIS- TRICT COMMISSION (DOCKET NO. 0951)

Coun. BYRNE, on behalf of the Committee on En- vironment and Public Works, submitted the follow- ing:

Report on Docket No. 0951, message of the Mayor and order for confirmation of the appointment of Thomas Plant as a member of the South End Land- mark District Commission (referred June 28) recom- mending the appointment be confirmed.

The report was accepted; the appointment was confirmed.

LATE-FILED MATTER

The Chair moved that the rules be suspended and that one late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The matter was added to the Agenda.

REPORT ON ORDER FOR CONFIRMATION OF APPOINTMENT OF HOUSING INSPECTORS IN ISD AS CONSTABLES AUTHORIZED TO SERVE CIVIL PROCESS UPON FILING OF BOND (DOCKET NO. 0497)

Coun. MCLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 0497, message of the Mayor and order for the confirmation of the appointment of Housing Inspectors in ISD as constables authorized to serve civil process upon filing of bond for the term ending April 30, 1992 (referred April 3) recom- mending passage of the order in the following new draft:

Ordered, That the appointment of the following- named persons as Constables of the City of Boston for the period commencing May 1, 1991 and ending April 30, 1992 be, and hereby is confirmed.

Richard Beaulieu, 1757 Dorchester Ave., Dorches- ter.

John E. Brady, 86 Alida Rd.. Braintree.

Constantino Buttiglieri, 50 Beachview Rd., East Boston.

James Buttiglieri, 56 Beachview Rd., East Boston.

Francis Cappuccio, 746 East Fourth St.. East Boston .

Thomas Caulfield, 409 Baker St., West Roxbury.

Joseph Cinseruli, 1185 Bennington St.. East Boston.

Ronald P. Coyne, 7 Oriole St., West Roxbury.

Alfonso Denson, 957 Morton St., Dorchester.

Anthony Dorato, 491 The Aborway, Boston.

Joseph Dorato, 110 Russell St., Peabody.

Ralph Dorato, 111 Everett St.. East Boston.

Leo Farrell, 57 Riverside Ave., Milton.

Joseph Fitzmaurice. 35 Greenbrook Drive, Stoughton.

Michael Forde, 26 Fayette St., Boston.

John P. Francis, 35 Poole Circle. Holbrook.

Marta Francis, 186 Sydney Street, Dorchester.

Gerald Fullerton. 4 Leonard St.. Foxboro.

Kenneth Garner. 14 Waumbeck St., Dorchester

Lawrence E. Hession. 15 Nancv Rd., Milton.

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CITY COUNCIL

James Holmes, 83 Hollingsworth St., Mattapan.

Arthur V. Hurley, 221 Minot St., Dorchester.

Raoul Jacques, 74 Stanton St., Dorchester.

Daniel Kent, 885 Shirley St., Winthrop.

Thomas Keogh, 1515 V.F.W. Parkway, West Roxbury.

Allen Major, 28 Mather St., Dorchester.

Gerald McCurdy, 46 Mill St., Randolph.

Frank Mclnerney, 225 Corey St., West Roxbury.

Daniel McNamara, 40 Gove St., East Boston.

Thomas McQueen, 100 Mt. Pleasant Ave., Roxbury.

Thomas Murray, 20 Cedar St., Roxbury.

John O'Brien, 17 Waldeman Ave., East Boston.

William Reane, 46 Edgemere Rd., Quincy.

Juan Rodriguez, 3 Hartford Ct., Dorchester.

Harold Rosenfield, 150 Clare Ave., Hyde Park.

Peter J. Rugo, 5 Melbourne St., Dorchester.

Daniel Sheehan, 209 Milton St., Dorchester.

Dennis J. Sullivan, 26 Furnace Colony Drive, Pembroke.

Paula Titus, 79 Fort Avenue, Roxbury.

Edward F. Welch, 136 Elliot Ave., Quincy.

Terrance Yancey, 73 Dale St., Roxbury.

Frank Frartaroli, 68 Ashland St., Dorchester.

Daniel P. Clifford, 50 Hillside Rd., Dedham.

The report was accepted; the order in the new draft was passed.

REQUESTING TRAFFIC AND PARKING COM- MISSION REPLACE MEMORIAL SQUARE SIGN FOR ANTHONY J. SCORDINO (DOCKET NO. 1039)

Coun. O'NEIL offered the following:

Ordered, That the Traffic and Parking Commission of the City of Boston take the necessary steps to re- place the Memorial Square sign for Anthony J. Scor- dino.

Memorial (Hero) Square sign for Anthony J. Scor- dino was located at Columbus Avenue and New Heath Street.

The sign was destroyed because of construction on the Southwest Corridor.

It is the families request that a replacement be made so that the sign be located at Centre Street and Columbus Avenue. (Near MBTA Station).

Passed under suspension of the rules.

REQUESTING CERTAIN ACTION BE TAKEN AGAINST MBTA FARE INCREASES (DOCKET NO. 1040)

Coun. SCONDRAS offered the following:

Whereas, The MBTA Board of Directors has voted to increase fares for public transportation by 10 cents on buses and 25 cents on subways; and

Whereas, This fare increase will force an estimated 43,000 riders off the "T" and into their cars, further exacerbating traffic and environmental problems in the city as it begins the Central Artery/ Third Harbor Tunnel Project; and

Whereas, The MBTA has still not produced an ad- ministrative management review to investigate the source of the Authority's funding problems, a review the Advisory Board suggested two years ago; and

Whereas, Many of the $20 million in cost-saving measures recommended by the state legislature in their 1990 study of MBTA funding have not yet been implemented; and

Whereas, The decline in ridership caused by the fare increase will adversely affect Boston's commer- cial establishments, particularly smaller businesses,

thus resulting in significant loss of tax revenue for the city of Boston; and

Whereas, The Conservation Law Foundation is now filing a suit against the MBTA for not submit- ting an environmental study, as is required by law; and

Whereas, This increase will take effect September 3, 1991 unless it is met with opposition by the MBTA Advisory Board; and

Whereas, The Mayor's leadership would be instru- mental in convincing the MBTA Advisory Board to reject the proposed fare increases; Now, Therefore, Be It

Resolved, That the Mayor should take a public stand against the fare increase; And Be It Further

Ordered, That Boston's representatives to the MBTA Advisory Board vote against the proposed fare increase; And Be It Further

Ordered, That the Corporation Counsel seek an in- junction against the fare increase based on financial damages which the hike will cause to the city; And Be It Further

Ordered, That the Boston City Council file an ami- cus curiae brief joining the Conservation Law Foun- dation lawsuit against the MBTA.

Referred to the Committee on Commerce and Transportation.

COMMITTEE ON CITY AND NEIGHBORHOOD SERVICES TO HOLD HEARING RE SIX- YEAR STATUTE OF LIMITATIONS FOR COLLECTION OF EXCISE TAXES (DOCKET NO. 1041)

Coun. KELLY offered the following:

Whereas, On June 26, 1991, the city council unan- imously adopted a Home Rule Petition which recog- nized a six-year statute of limitations for the collec- tion of excise taxes; and

Whereas, Section 17D of the city charter requires the mayor to either approve a special petition, or within fifteen days of adoption by the council, pro- vide a statement explaining the reasons for not ap- proving the name; and

Whereas, Forty days have passed since adoption of the Petition, and the mayor has not acted on this matter which affects potentially thousands of city res- idents; be it therefore

Ordered, That the mayor be invited to attend a public hearing called by the Committee on City & Neighborhood Services to discuss why he has not acted on city council docket No. 0894; and be it fur- ther

Ordered, That the city's collector-treasurer also be invited to attend to update members of the city coun- cil and the public, regarding the current policy of Urban Tax Services, the company that serves as a collection agency for the City of Boston.

Referred to the Committee on City and Neigh- borhood Services.

REQUESTING INSPECTIONAL SERVICES DE- PARTMENT TAKE ACTION TO HAVE BUILDING AT 266-270 EAST EIGHTH STREET RAZED BEFORE SOMEONE IS SERIOUSLY INJURED (DOCKET NO. 1042)

Coun. KELLY offered the following: Whereas, The multi-family dwelling located at 266- 270 East Eighth Street and 24-26 Knowlton Street,

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205

South Boston, was totally gutted by fire approxi- mately two-and-one-half years ago; and

Whereas, The building is beyond repair. Not only is the structure a blight to the neighborhood, it also poses a danger to passersby and to youngsters who on occasion are seen playing in or near the property; be it therefore

Resolved, That before someone is seriously injured or killed, the city council respectfully requests the Inspectional Services Department to take whatever course of action is necessary to immediately raze the building, remove the debris and, further, locate the owner of the property to compel him to reimburse the city for whatever costs are incurred.

The resolution was adopted under suspension of the rules.

SUPPORTING REQUEST OF CERTAIN ORGANI- ZATIONS FOR FAA TO CREATE NEW FLIGHT PATH TO ACCOMMODATE RUNWAY 27 DEPARTURES (DOCKET NO. 1043)

Coun. KELLY offered the following:

Whereas, The Runway 27 Coalition and the Envi- ronmental Impact Study Committee, among others, have asked that a new flight path be created to ac- commodate Runway 27 departures, and that this new flight path take advantage of the relatively open space around the Fort Point Channel area, the industrial area surrounding the Southeast Expressway and the Forest Hills/Mount Hope cemeteries; and

Whereas, It is hoped that the FAA will utilize its influence to assist in effectuating the changes re- quested by these groups; and

Whereas, The Boston City Council commends the work of the Runway 27 Coalition and the Environ- mental Impact Study Committee, and acknowledges their responsible efforts and concern about the envi- ronment and the quality of life of residents who live under the current Runway 27 flight path; be it there- fore

Resolved, That the City Council, herein assembled this 7th day of August 1991, wishes to record its support of the legitimate requests of those organiza- tions mentioned above; and by its support wishes to lend its name to the list of those hoping to see the FAA approve a new flight path which would be less deleterious to the citizens of the city.

Passed under suspension of the rules.

ORDINANCE ESTABLISHING A JOINT COM- MUNITY/POLICE RELATIONS BOARD (DOCKET NO. 1044)

Coun. BOLLING offered the following: City of Boston In the Year Nineteen Hundred and Ninety-One An Ordinance Establishing A Joint Community/Police

Relations Board 1 Ordained, By the City Council of Boston, in ac- cordance with the provisions of Massachusetts Gen- eral Laws Chapter 43B, section 13, and any other applicable law, as follows:

Section One.

A. There shall be within the City of Boston a board, to be known as the Joint Community/Police Relations Board (therein after referred to as "the Board"). Board members shall serve without com- pensation; provided, however, that each member may

be reimbursed for all expenses reasonably incurred by them in the performance of their duties. Board members shall serve two-year terms. The Board shall consist of thirteen (13) members appointed by the Mayor:

(i) Four (4) residents of the City of Boston, one member from each of the following types of or- ganizations: a representative of a crime preven- tion organization in the City of Boston; a repre- sentative of an organization serving the city's youth population; a representative of a commu- nity based social service organization in the City of Boston; a representative of a public housing tenants organization in the City of Boston. One of these four members shall be appointed chair- person of the Board by the Mayor; (ii) A faculty member of a university in Boston who has expertise in either criminal justice, con- stitutional law or civil rights; (iii) A member of a bar association in the City of Boston who has expertise in either criminal justice, constitutional law or civil rights and who shall serve as Secretary;

(iv) A member of an organization promoting civil rights in the City of Boston; (v) Four members of a police union in the City of Boston who shall be chosen from a list of twelve nominees submitted by the president of said union;

(vi) Two members of an association representing the interests of minority law enforcement offi- cials in the Commonwealth of Massachusetts who shall be chosen from a list of six nominations submitted by the president of said association.

B. Should the organization in subsection A (v) and (vi) fail to present a list of nominees to the Mayor within 21 days after the passage of this ordinance, and within 21 days of the expiration of the members' terms every two years thereafter, the Mayor shall have the power to appoint members of said organiza- tion he deems suitable to the Board. The Mayor shall make his/her appointments to the Board within 30 days of the passage of this ordinance. The Mayor shall strive to appoint members who reflect the diver- sity of the city of Boston's population.

C. The Board shall meet as often as necessary to perform its functions but it shall meet not less than once a month.

D. In all matters where a quorum is present, a ma- jority vote of Board shall prevail. A quorum shall consist of nine (9) members.

E. Subject to the provisions of this ordinance, the Board may adopt reasonable and proper rule to gov- ern its procedure.

F. Jurisdiction of the Board shall extend only to complaints against police department personnel with respect to use of excessive force or deadly force, harassment, intimidation, and/or improper tactics as defined by police department rules and regulations.

Section Two. Complaint Procedures.

A. Any person who claims to have been sub- jected to, or any person who claims to have knowl- edge of an alleged act or alleged acts as stated in Section One (F) caused by police personnel, may make a complaint of such alleged conduct at the In- ternal Affairs Division of the Police Department of the City of Boston, or at any of the police district stations in the City of Boston.

B. The complaint shall be reduced to writing on a Internal Affairs Division form serially numbered and signed by the complainant.

C. One copy of the completed form shall be re- tained by the recipient of the complaint and a copy

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given to the complainant. A copy shall be delivered by certified mail within 48 hours to the Internal Af- fairs Division and to the Secretary of the Board.

D. The Secretary of the Board shall assign a con- secutive number to each complaint and within forty- eight (48) hours shall deliver by certified mail a copy to each member of the Board. The Secretary shall also send a copy of the complaint to relevant law en- forcement agencies to determine if a criminal investi- gation may be conducted so that any activities of the Board do not interfere with legal proceedings. Should such agencies not respond within 7 days to said noti- fication of a complaint the Board may begin its pro- ceedings. The Secretary shall also maintain on file a record of each complaint.

E. The Internal Affairs Division shall make a com- prehensive, complete and thorough investigation of each complaint and submit a report of its findings thereof to the Board within thirty (30) days from the date of the complaint.

F. Within thirty (30) days from receipt thereof the Board shall review the Internal Affairs Division's re- port and submit in writing to the Police Commis- sioner, a statement of its findings and make one of the following three recommendations to the Police Commissioner:

1. to substantiate the complaint'

2. to dismiss the complaint because of lack or insufficiency of evidence;

3. to dismiss the complaint because the police personnel was found to have acted properly.

G. If the Board determines the need for additional information to make a recommendation to the Police Commissioner:

1. the Board can remand the case for further in- vestigation to the Internal Affairs Division; or

2. the Board may subpoena a complainant, wit- nesses and police department personnel, adminis- ter oaths, take testimony, and require the produc- tion of evidence. To enforce a subpoena or order for production of evidence or to impose any pen- alty prescribed for failure to obey a subpoena or order, the board may refer the case to a court of competent jurisdiction.

H. The Police Commissioner shall within fifteen (15) days of receipt of the findings and recommenda- tions of the Board, forward to the Board a statement of his disposition in each case. Concurrent with this, the Police Commissioner shall also forward a copy of the Board's recommendations and the Police Com- missioner's statement of disposition to the complain- ant and respondent police personnel. The Police Commissioner shall maintain final decision-making responsibility for the appropriate disciplinary action in each case, but no final action may be taken until the recommendation of the Board has been reviewed.

Section Three.

Nothing in this act shall abrogate any constitu- tional, statutory or common law right of police per- sonnel against whom a complaint is filed, nor of the complainants, investigators or witnesses who partici- pate in the complaint procedure.

Section Four.

This act may not be construed to affect or change the methods and procedures for suspension or dis- missal of members of the Boston Police Department.

Section Five.

The Board shall prepare and publish an annual sta- tistical and analytical report to be submitted to the Mayor and City Council regarding the complaints processed under this act.

Section Six.

If any provision or section of ordinance shall be held to be invalid, then such provision or section shall be considered separately and apart from the re- maining provisions or sections of this ordinance, which shall remain in full force and effect.

Section Seven.

This ordinance shall take effect upon its passage.

Referred to the Committee on Public Safety.

ORDER WArVING PROVISIONS OF RESIDENCY REQUIREMENT, CBC ORDINANCES, TITLE 5, SECTION 5-5.2, RE FRAZIOR GREEN AND ROBERT LOVEGROVE (DOCKET NO. 1045)

Coun. MENINO offered the following:

Whereas, City of Boston Code, Ordinances, Title 5, Section 5-5.2 establishes a residency requirement for employees of the City of Boston; and

Whereas, Said residency ordinance provides that the Mayor, with the approval of the City Council, may determine it to be in the best interest of the pub- lic to waive the provisions of the ordinance with re- spect to a particular person or position; and

Whereas, Several employees of the Boston Police Department were recently asked to file residency cer- tificates for the first time in the careers with the De- partment; and

Whereas, These employees were unaware that the ordinance applied to them since more than half of all City employees are exempt due to collective bargain- ing agreements or superceding state statute; and

Whereas, Supervisors have attested to the fact that these employees have exemplary records and possess unique skills which would be difficult to replace; Therefore Be It

Ordered, That it is hereby determined that it is in the best interest of the public to waive the provisions of City of Boston Code, Ordinances, Title 5, Section 5-5.2 with respect to Frazior Green and Robert Love- grove.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1046)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, August 7, 1991 the following-named person be, and hereby is, appointed to the position set against his name until Wednesday, November 6, 1991:

Brian J. Fish, secretary, $353.75 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1047)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, August 7. 1991 the following-named person be, and hereby is, appointed to the position set against his name until Wednesday, November 6, 1991:

Daniel M. DeSantis, secretary, $353.75 per week, full time, 35 hours.

Passed under suspension of the rules.

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ORDER THAT NON-BINDING REFERENDUM QUESTION BE PLACED ON BALLOT AT NEXT CITY ELECTION RE RIGHT TO VOTE FOR MEMBERS TO SERVE ON BOSTON SCHOOL COMMITTEE (DOCKET NO. 1048)

Coun. YANCEY offered the following:

Ordered, That pursuant to a petition filed in ac- cordance with G.L. c. 53, s. 18 A, the Board of Election Commissioners of the City of Boston, be, and hereby are, requested and directed to cause to be printed upon the official ballot to be used at each of the several polling places as the city election next, the following non-binding public policy question:

Shall the citizens of Boston give up their right to

vote for members to serve on the Boston School

Committee? : Yes No.

Coun. YANCEY moved passage of the order.

Coun. McCORMACK moved that the order be re- ferred to the Committee on Public Education.

The motion of Coun. McCORMACK was carried, yeas 9, nays 3:

Yeas — Councillors Byrne, Iannella, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Travaglini — 9.

Nays — Councillors Boiling, Kelly, Yancey — 3.

COMMITTEE ON PLANNING AND DEVELOP- MENT TO HOLD HEARING ON POLICY AND PROCEDURES OF THE ADMINISTRA- TION RE IMPROVING ECONOMIC CONDI- TION OF NEIGHBORHOODS (DOCKET NO. 1049)

Coun. MENINO offered the following:

Whereas, Many neighborhood businesses are expe- riencing financial difficulties; and

Whereas, The economic vitality of Boston's neigh- borhood business districts is essential to the well be- ing of the people of Boston; and

Whereas, The Neighborhood Enterprise Program has been established to support joint innovative ven- tures between the City and neighborhood businesses; now therefore be it

Ordered, That the Committee on Planning and De- velopment conduct a hearing to determine the policy and procedures of the administration with respect to improving the economic condition of Boston's neigh- borhoods and appropriate representatives from the following departments be asked to attend: Public Fa- cilities Department, Public Works Department, EDIC, Office of Consumer Affairs and Licensing and Real Property Department.

Referred to the Committee on Planning and De- velopment.

ORDER FOR CONFIRMATION OF APPOINT- MENT OF CONSTABLES AUTHORIZED TO SERVE CIVIL PROCESS UPON FILING OF BOND, FOR TERM EXPIRING 4/30/92 (DOCKET NO. 0688)

Coun. MENINO called Docket No. 0688 from the Committee on Government Operations. Having been in Committee more than 42 days, the matter was be- fore the body.

Coun. MENINO requested unanimous consent to withdraw the above call; since there was no objec- tion, the order was referred back to the Committee on Government Operations.

ORDER AUTHORIZING DIRECTOR OF OFFICE OF PERSONNEL MANAGEMENT TO AC- CEPT AND EXPEND FUNDS IN AMOUNT NOT TO EXCEED $35,000 FROM DEPART- MENT OF INDUSTRIAL ACCIDENTS OF COMMONWEALTH OF MASSACHUSETTS (DOCKET NO. 0961)

Coun. MENINO called Docket No. 0961 from the Committee on Ways and Means.

A majority having supported the call, the order was before the body.

The order was passed under suspension of the rules.

ORDER AUTHORIZING CITY TO AMEND EX- ISTING AGREEMENT WITH COMMON- WEALTH OF MASSACHUSETTS IN ORDER TO INCREASE AMOUNT OF GRANT FROM $2,434,618 TO $2,649,888 TO BE USED FOR RESTORATION OF DILLAWAY THOMAS HOUSE (DOCKET NO. 1005)

Coun. MENINO called Docket No. 1005 from the Committee on Ways and Means.

A majority having supported the call, the order was before the body.

The order was passed under suspension of the rules.

ENDORSING AND URGING PASSAGE OF HOUSE BILL 2086 (DOCKET NO. 1050)

Couns. SCONDRAS, BOLLING, and SALERNO offered the following:

Whereas, "An Act to Reduce the Greenhouse Ef- fect by Promoting Clean and Efficient Energy Re- sources" (H. 2086), sponsored by Representative David Cohen, would provide important new incen- tives to improve energy efficiency of automobiles and buildings; and

Whereas, The Act would help cut smog, acid rain, and greenhouse gases which scientists believe threaten the Earth with global warming; and

Whereas, The Act would reduce Massachusetts de- pendence on imported oil; and

Whereas, The Act establishes cash incentives for consumers to buy more efficient cars but imposes no requirements on companies to change their products; and

Whereas, The Act would make the state economy more efficient and more competitive, by reducing en- ergy costs to business and consumers; and

Whereas, The Act has been endorsed by more than 15 organizations, including MASSPIRG, Boston Edi- son, Massachusetts Division of Energy Resources, and Massachusetts Affordable Housing Alliance; and

Whereas, The Act would save money for the Com- monwealth and its taxpayers by reducing energy waste in government buildings aiiJ agencies; Now Therefore Be It

Resolved, That the Boston City Council, in meet- ing assembled, endorses H. 2086 and urges its pas- sage by the General Court of the Commonwealth of Massachusetts; And Be It Further

Resolved, That a copy of this resolution be trans- mitted to Charles Flaherty, Speaker of the House, and Senate President William Bulger.

The resolution was adopted under suspension of the rules.

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CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: Marjorie A. Mclntire (Docket No. 1051).

Councillor Boiling: Clara Anderson Jenkins (Docket No. 1052).

Councillor Scondras: Jim Osborne (Docket No. 1053); William Mumford (Docket No. 1054); Dorothy Mulford (Docket No. 1055); Aliza Mesbahi (Docket No. 1056); Karen Mandan (Docket No. 1057); Karl Mader (Docket No. 1058).

Councillor Hennigan Casey: Captain Roberto Ce- saretti and crew of Italian Aircraft Carrier "Giuseppe Garibaldi" (Docket No. 1059).

Councillor Menino: Kristina Barney (Docket No. 1060).

Councillor O'Neil: John J. Higginbottom (Docket No. 1061).

Councillor McCormack: Memory of Salvatore A. Buccacio (Docket No. 1062).

Councillor Salerno: Commending STEP and orga- nizers of Second Annual North End Pride Day (Docket No. 1063); Laura Del Conte (Docket No. 1064); Susie Christmas (Docket No. 1065); Boston Tradeswomen's Network (Docket No. 1066).

Councillor Yancey: Fred Hamlett (Docket No. 1067).

On motion of Councillor Iannella, Rule 11 was suspended in order to add the following matter to the Consent Agenda:

Councillor Byrne: Michael J. Ronan, C.S.E. (Docket No. 1070).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 3:20 p.m., on motion of Councillor Boiling, in memory of Salvatore A. Buccacio, to meet on Wednesday, August 14, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

PRINTING SECTION

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Proceedings of City Council

Wednesday, August 14, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m. , President IANNELLA in the chair, and all the members present.

CRIME STATISTICS FOR PERIOD IULY 27 1991 THROUGH AUGUST 2, 1991 (DOCKET NO 1072)

The following was received:

City of Boston Office of the Mayor

August 13,1991 To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing luly 27, 1991 and ending August 2, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

INVOCATION

Reverend Norbert DeAmato, St. Francis Church, Cambridge, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

ORDER AUTHORIZING FIRE COMMISSIONER TO ACCEPT AND EXPEND AN AMOUNT NOT TO EXCEED $40,000 TO TEST EFFECTIVENESS OF COMPRESSED AIR FOAM SYSTEMS (DOCKET NO. 1071)

The following was received:

City of Boston Office of the Mayor

August 13, 1991 To the City Council. Dear Councillors:

I transmit herewith for your approval an order for the Boston Fire Department which will permit the City of Boston's Fire Commissioner to accept and expend an amount not to exceed forty thousand dollars ($40,000), to test the feasibility and effectiveness of Compressed Air Foam Systems for interior structural firefighting applica- tions for the period of luly 1, 1991 through luly 31, 1992. The Commissioner applied for these federal funds through the United States Fire Administration of the Fed- eral Emergency Management Agency.

I urge your Honorable Body to pass this order as expe- ditiously as possible.

Very truly yours,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the Fire Commissioner of the City of Boston, acting on behalf of the City of Boston, be and hereby is authorized to accept and expend an amount not to exceed forty thousand dollars ($40,000) to test the fea- sibility and effectiveness of Compressed Air Foam Sys- i terns for interior structural firefighting applications for the period July 1, 1991 through July 31, 1992. These federal funds are made available to the City of Boston through the United States Fire Administration of the Fed- eral Emergency Management Agency.

On motion of Coun. IANNELLA, the rules were sus- oended; the order was passed.

ABSENCE OF THE MAYOR (DOCKET NO. 1073)

Notice was received by the City Clerk from the Mayor of his absence from the City on August 7, 1991 to August 9, 1991.

Placed on file.

APPOINTMENT OF THOMAS G. SNYDER (DOCKET NO. 1074)

Notice was received by the City Clerk from the Mayor of the appointment of Thomas G. Snyder as Director of Administrative Services for a term expiring January 6, 1992.

Placed on file.

COMMUNICATION FROM RENT EQUITY BOARD (DOCKET NO. 1075)

Communication was received from Constance J. Doty, Administrator, Rent Equity Board, transmitting a certi- fied copy of Regulation 7 .

Placed on file.

NOTICES FROM CITY CLERK (DOCKET NOS. 1076, 1077, 1078)

Notices were received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meetings of June 26, July 10, and July 17, 1991, respectively.

Severally placed on file.

ENVIRONMENTAL NOTIFICATION FORM (DOCKET NO. 1079)

Communication was received from Jane A. Chmielinski, Project Manager/Environmental, MBTA, transmitting a copy of the Environmental Notification Form — MBTA Blue Line Station Modernization.

Placed on file.

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REPORT ON ORDINANCE ESTABLISHING OF- FICE OF MUNICIPAL INVESTIGATIONS (DOCKET NO. 1027)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No . 1 027 , message of the Mayor and ordinance establishing the Office of Municipal Investiga- tions (referred August 7) recommending the ordinance ought not to pass.

The report was accepted.

Coun. BOLLING moved that the ordinance be re- manded to the Committee on Public Safety.

Coun. TRAVAGLINI moved the previous question; the motion was carried.

The motion of Coun. BOLLING was carried, yeas 9, nays 4:

Yeas — Councillors Boiling, Hennigan Casey, Ian- nella, McCormack, McLaughlin, Salerno, Scondras, Travaglini, Yancey — 9.

Nays — Councillors Byrne, Kelly, Menino, O'Neil — 4.

REPORT ON ORDINANCE ESTABLISHING JOINT COMMUNITY/POLICE RELATIONS BOARD (DOCKET NO. 1044)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 1044, ordinance establishing a joint community/police relations board (referred August 7) recommending the ordinance ought not to pass.

The report was accepted.

Coun. BOLLING moved that the ordinance be re- manded to the Committee on Public Safety.

The motion was not carried, yeas 6, nays 7:

Yeas — Councillors Boiling, McLaughlin, Salerno, Scondras, Travaglini, Yancey — 6.

Nays — Councillors Byrne, Hennigan Casey, Iannella, Kelly, McCormack, Menino, O'Neil — 7.

Coun. McCORMACK requested permission to change his vote because he had misunderstood the vote being called.

The motion was carried, yeas 7, nays 6:

Yeas — Councillors Boiling, McCormack, McLaughlin, Salerno, Scondras, Travaglini, Yancey — 7.

Nays — Councillors Byrne, Hennigan Casey, Iannella, Kelly, Menino, O'Neil — 6.

REPORT ON ORDER FOR HEARING RE PRO- POSED FEDERAL LEGISLATION ENTITLED "THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT" (DOCKET NO. 1011)

Coun. McCORMACK, on behalf of the Special Com- mittee on Youth Services, submitted the following:

Report on Docket No. 101 1, order for hearing re pro- posed federal legislation entitled "The Professional and Amateur Sports Protection Act" (referred July 17) rec- ommending the order be placed on file and the following resolution be adopted.

The report was accepted; the order was placed on file.

RESOLUTION EXPRESSING SUPPORT FOR "THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT" AND URGING MEMBERS OF MASSACHUSETTS CONGRESSIONAL DELEGATION TO ENACT SAME (DOCKET NO. 1080)

Couns. McCORMACK, McLAUGHLIN, IAN- NELLA, KELLY, BOLLING, O'NEIL and SALERNO offered the following:

Whereas, Many states, including Massachusetts and Rhode Island, have proposed legalized sports gambling as a way to enhance dwindling state revenues; and

Whereas, The negative impacts of state sponsored sports gambling would far outweigh its fiscal advantages — here in Massachusetts and throughout the United States; and

Whereas, Of particular concern is the potential nega- tive effect such a practice would have on young people, many of whom are fascinated by sports and professional athletes; and

Whereas, State sponsored sports gambling would serve to cheapen amateur and professional sports by shifting their focus to betting; and

Whereas, Legalized sports gambling would reduce the value of athletes as role models for our children and would send young people the message that gambling for a fast buck is a normal, legal, and acceptable part of ath- letic competition; and

Whereas, A federal statute designed to prohibit state sponsored sports betting would be an important tool in the effort to preserve the integrity of professional and am- ateur sports in this country; therefore be it

Resolved: That the Boston City Council supports "The Professional and Amateur Sports Protection Act" and urges the members of the Massachusetts Congressional delegation to vote to enact this important piece of legisla- tion.

The resolution was adopted.

REPORT ON ORDER FOR PETITION FOR SPECIAL LAW TO REMOVE THE NOW-INDEPENDENT COUNTRY OF NAMIBIA FROM 1984 SANC- TIONS ON CITY PENSION FUND INVEST- MENT (DOCKET NO. 0844)

Coun. YANCEY, on behalf of the Committee on Inter- governmental Relations, submitted the following:

Report on Docket No. 0844, order for petition for spe- cial law to remove the now-independent country of Nami- bia from the 1984 sanctions on city pension fund invest- ment (referred June 12) recommending passage of the order.

The report was accepted; the order was passed.

Councillors Byrne and Kelly requested that they be re- corded as voting Present on the foregoing matter.

Councillor O'Neil requested that he be recorded as voting in the negative on the foregoing matter.

REPORT ON ORDINANCE REMOVING RESTRIC- TIONS OF NAMIBIA FROM ORDINANCES AP- PLYING FOR TRANSACTIONS INVOLVING SOUTH AFRICA (DOCKET NO. 0876)

Coun. YANCEY, on behalf of the Committee on Inter- governmental Relations, submitted the following:

Report on Docket No. 0876, ordinance removing re- strictions on nation of Namibia from ordinances applying to transactions involving South Africa (referred June 12) recommending passage of the ordinance.

AUGUST 14, 1991

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The report was accepted; the ordinance was passed.

Councillors Byrne and Kelly requested that they be re- corded as voting Present on the foregoing matter.

Councillor O'Neil requested that he be recorded as voting in the negative on the foregoing matter.

REPORT ON ORDINANCE GOVERNING FINAN- CIAL ELIGIBILITY, CEILING AND MAXIMUM RENTS, EXCLUSIONS AND TRANSFER POLI- CIES OF BOSTON HOUSING AUTHORITY (DOCKET NO. 0140)

Coun. BYRNE, on behalf of the Committee on Hous- ing, submitted the following:

Report on Docket No. 0140, ordinance governing fi- nancial eligibility, ceiling and maximum rents, exclu- sions and transfer policies of Boston Housing Authority (referred October 17, 1990) recommending passage of the ordinance in the following new draft:

Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is , approved under Clause ( 1 ) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section 1. Chapter 88 of the Acts of 1989 is hereby further amended by adding the following new section: Section 6. The City of Boston may by ordinance es- tablish policies for the Boston Housing Authority con- cerning eligibility for continued occupancy in public housing, establishment of ceiling or maximum rents, exclusion of certain types of income for the purpose of rent determination, and transfers of public housing ten- ants, consistent with the provisions of chapter one hun- dred and twenty -one B of the General Laws applicable to housing authorities and any federal laws applicable to federally assisted public housing. Such policies may vary from those established by regulations of the Exec- utive Office of Communities and Development for other housing authorities, provided, however, that such policies shall provide at least as much protection for tenants' interests as are provided by such regulations. Such ordinance, to become law, must be accepted by the mayor of the City of Boston. Such ordinance shall provide as follows:

(a) Financial Eligibility Standards for Continued Occupancy: The Boston Housing Authority (herein- after, BHA) shall, consistent with state and federal statutes and regulations and this ordinance, establish financial eligibility standards for continued occu- pancy of public housing residents. No household may remain in public housing administered by the BHA if its annual net income, as defined herein, ex- ceeds $50,000 for a household of from one to five members, or $60,000 for a household of six or more members, and such income remains in excess of such levels for more than twelve months, as deter- mined at regular annual intervals. For the purposes of this section, "annual net income" shall be gross annual income, as defined by applicable state and federal guidelines, with the following exclusions and deductions:

(i) All of the exclusions and deductions from gross annual income found in the state eligibility regulations for public housing in effect as of the passage of this ordinance (see 760 C.M.R. s. 4.00). Such exclusions and deductions shall be ap-

plied to all BHA public housing tenants, whether they reside in state-assisted or federally assisted developments.

(ii) Any expanded exclusions and deductions from gross annual income that may be established hereinafter by either state or federal statutes or regulations or guidelines and that are favorable to tenant households. Such exclusions and deduc- tions shall, unless otherwise prohibited by law, be applied to all BHA public housing tenants, whether they reside in state-assisted or federally assisted development.

If a tenant household is found to exceed the in- come limits for eligibility for continued occu- pancy, it may continue to occupy its apartment for twelve months. If at the end of twelve months the tenant household does not meet the income limits for continued occupancy it shall be determined to no longer qualify for public housing. The above income limits shall be adjusted annually in Janu- ary of each year to account for increases in the Consumer Price Index.

Should any standards established by this ordi- nance be at variance with those imposed by statute or regulation by the United States Department of Housing and Urban Development (HUD) or the Executive Office of Communities and Develop- ment (EOCD), the BHA shall seek a waiver from such agencies permitting it to apply the standards described in this ordinance in lieu of those im- posed by such agencies. If a waiver is only neces- sary for a portion of the BHAs public housing stock, the BHA shall apply these standards to the remainder of its stock which does not require such a waiver.

(b) Establishing Ceiling or Maximum Rents: The BHA shall, consistent with state and federal statutes and regulations and this ordinance, establish ceiling or maximum rents for its public housing units, such that no tenant will be charged a rent in excess of the applicable percentage of income established by law, or the ceiling rent or maximum rent, whichever is lower. For BHA state-assisted units, such ceiling or maximum rents shall be based on the ceiling or max- imum rents that were charged as of 1988, adjusted upward annually by 10%; for BHA federally as- sisted units, such ceiling rents shall be based on the following criteria:

(i) For public housing tenants who moved into public housing prior to August, 1982, such ceiling or maximum rents shall be based on the ceiling or maximum rents that were charged as of 1981 , ad- justed upward by 10% per year;

(ii) For public housing tenants who moved into public housing after August, 1 982 , such ceiling or maximum rents shall not be less than the average monthly amount of debt service and operating ex- penses attributable to dwelling units of similar size in public housing projects owned and operated by such agency, and shall be sufficient to insure the BHAs fiscal integrity.

Should any public housing tenant be entitled to a lower rent based on this section than is the rent currently being charged, such tenant shall have his or her rent adjusted effective the first month after a final determination of lower rent status is deter- mined.

Should these standards need HUD or EOCD waiver, the BHA shall seek a waiver, and if a waiver is only necessary for a portion of the BHAs public housing stock, the BHA shall apply these standards to the remainder of its stock which does not require such a waiver. If operation of these standards would have the effect of jeopardizing the

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BHA's full utilization of operating and moderniza- tion subsidy from HUD or EOCD, the BHA shall implement all aspects of these standards that do not have such an effect, and shall use its best ef- forts to establish such alternative ceiling or maxi- mum rents that are consistent with these general standards while avoiding any negative impact on operating or modernization subsidy.

(c) Exclusions from Income for the Purpose of Determination of Rent: The BHA shall, consistent with state and federal statutes and regulations and this ordinance, establish policies for excluding cer- tain types of income for the purpose of determining rent for public housing tenants. In addition to any exclusions and deductions provided for by state or federal regulations, the Boston Housing Authority shall exclude:

(i) all of the income of full-time students (other than the head of household and his or her spouse or co-signor of the lease, if residing in the same unit);

(ii) all of the income of persons less than nine- teen years of age (other than the head of household and his or her spouse or co-signor of the lease, if residing in the same unit);

(iii) half of the income of persons between nine- teen and twenty-five years of age who are not full- time students (other than the head of household and his or her spouse or co-signor of the lease, if residing in the same unit).

Should any public housing tenant be entitled to a lower rent based on this section than is the rent currently being charged, such tenant shall have his or her rent adjusted effective the first month after a final determination of lower rent status is deter- mined.

Should these standards need HUD or EOCD waiver, the BHA shall seek a waiver, and if a waiver is only necessary for a portion of the BHA's public housing stock, the BHA shall apply these standards to the remainder of its stock which does not require such a waiver. If operation of these standards would have the effect of jeopardizing the BHA's full utilization of operating and moderniza- tion subsidy from HUD or EOCD, the BHA shall implement all aspects of these standards that do not have such an effect, and shall use its best ef- forts to establish such alternative ceiling or maxi- mum rents that are consistent with these general standards while avoiding any negative impact on operating or modernization subsidy.

(d) Exclusions of Overhoused and Underhoused Tenants: Consistent with state and federal statutes and regulations and this ordinance, the BHA shall establish standards for transfer of public housing tenants where the current units occupied by such ten- ants are not of the appropriate size, as determined in accordance with applicable federal and state unit size standards and Article II of the State Sanitary Code, and based upon the most recent household composi- tion reported to the BHA. If a public housing tenant household is a unit which is not of the appropriate size, the Boston Housing Authority shall transfer the household in accordance with the following guide- lines:

(i) The household shall not be required to trans- fer to a different public housing development ex- cept in the following instances:

(A) Where the unit is in the BHA's Chapter 705 condominium or scattered site public hous- ing programs; or

(B) Where the household, after a full expla- nation of relocation options and rights, has cho- sen to be transferred to a different development or to utilize other BHA housing resources, such as a subsidy certificate.

(ii) The household shall be transferred to a unit of the most appropriate size available at the house- hold's public housing development, in accordance with BHA and applicable state and federal unit size standards. If the household's unit is smaller than that required by unit size standards, the household can elect to not be transferred and re- main in the current unit by signing a waiver; such waiver shall be good for a twelve month period. If the head of household (or spouse or co-signor of the lease residing in the same unit) is 62 years of age or older, transfer shall not be required because the current unit is not of the appropriate size. If the household includes a person with a limiting handi- cap, such household shall not be required to trans- fer unless and until BHA makes a unit available at the household's development which is constructed so as to reasonably accommodate such limiting handicap.

(iii) The BHA shall notify each household that it determines to be in a unit which is not of the appropriate size of such determination and the right to submit additional information concerning household composition or special medical or so- cial needs which might justify a change in or vari- ance from unit size requirements. Any household which disagrees with BHA's determination shall have the right to grieve the BHA's original unit size determination or the BHA's refusal to change or vary unit size requirements based on information submitted concerning household composition or special medical or social needs. When hearing such grievances, the BHA shall make every rea- sonable effort to accommodate the wishes of its tenants.

(iv) The BHA shall give households which have been designated as "underhoused" or "over- housed" the opportunity to update their status pending assignment to a new unit if household composition or circumstances change. The BHA shall also give households which are not desig- nated as "underhoused" or "overhoused" the op- portunity to submit information in between annual recertifications which may justify such house- holds' placement on the list for transfer to a more appropriately sized unit.

(v) To the extent that an order of transfer has not yet been established, the BHA shall establish an order for the transfers to be carried out, giving preference to those who have previously filed re- quests for transfer by date of application. To the extent a household was not previously on the trans- fer list and may qualify for transfer, its order shall be determined based on the date of the annual or interim recertification which may justify such households' placement on the list for transfer to a more appropriately sized unit.

(vi) The BHA shall give all households to be assigned new units under its transfer policy at least thirty days notice of the location of the new apart- ment. Such households may refuse such units for good cause based upon any special medical or so- cial needs. If the BHA determines that the house- hold's refusal is not for good cause, the household will be given the opportunity to grieve such deter- mination.

(vii) To the extent that they do not otherwise qualify for relocation expenses under Section 5 of this ordinance, all households which are required to transfer to units of appropriate size shall be given a moving allowance of $100 by the BHA in conjunction with such move.

Should these standards be at variance with those imposed by statute or regulation HUD or ECOD, the BHA shall seek a waiver, and if a waiver is only

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necessary for a portion of the BH A's public hous- ing stock, the BHA shall apply these standards to the remainder of its stock which does not require such a waiver.

(e) Transfers Required for Emergency Repairs, Modernization, or Redevelopment: The BHA shall, consistent with state and federal statutes and regula- tions and this ordinance, establish standards for transfer of public housing tenants where the tenant must vacate the unit due to emergency repairs, mod- ernization, or redevelopment. The BHA shall apply the following guidelines in making such transfers: (i) The household shall not be required to tem- porarily or permanently relocate to a different public housing development except in the follow- ing instances:

(A) Where the unit is in the BHA's Chapter 705 condominium or scattered site public hous- ing programs; or

(B) Where the household, after a full explana- tion of relocation options and rights, has chosen to be temporarily or permanently relocated to a different development or to utilize other BHA housing resources, such as a subsidy certificate.

In all cases of temporary relocation, the household shall be given the option to perma- nently return to its original unit so long as the unit is of appropriate size and type and con- tinues to exist. If the original unit is smaller than the size required by the household, the house- hold may elect to return to that unit by signing a waiver of size requirements. If the original unit is too large for the household or no longer ex- ists, the household will be given preference to return to available units in the same building or construction phase of the development which are of the appropriate size and type. If the household includes a person with a limited handicap, the household shall be offered a unit which is constructed so as to reasonably accom- modate such limiting handicap, (ii) Except in cases of relocation required to un- dertake emergency repairs to restore units to hab- itability, BHA shall give all households required to transfer under this section at least 30 days' notice (or such longer period as may be required by ap- plicable law) of the location of the units to which they will be temporarily or permanently assigned. In all cases, such units shall be of the most appro- priate size available at the development unless the household elects to occupy a smaller unit through signing a waiver. Households shall be given the opportunity to refuse an assignment for good cause related to special medical or social needs. If the BHA determines that the household's refusal is not for good cause, the household will be given the opportunity to grieve such determination.

(iii) Households required to transfer for emer- gency repairs or modernization or redevelopment shall be offered relocation assistance and reloca- tion payments in accordance with applicable state and federal law, or such agreements or policies as are more financially beneficial to tenants as BHA has established or may choose to establish.

Should these standards be at variance with those imposed by statute or regulation by HUD or EOCD, the BHA shall seek a waiver, and if a waiver is only necessary for a portion of the BHAs public housing stock, the BHA shall apply these standards to the remainder of its stock which does not require such a waiver. Section 2. Effective Date; Severability. This act shall be effective upon passage. Each of the provisions, sec- tions, and subsections of this act are severable, and if any of its provisions, sections, or subsections shall be held

unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions, sec- tions, or subsections.

The report was accepted.

Coun. McLAUGHLIN moved that the matter be post- poned to a date certain, to wit, August 21, 1991 .

The motion was carried.

ORDER FOR SALE OF TWO PARCELS COMPRIS- ING APPROXIMATELY 1,397 SQUARE FEET OF DISCONTINUED AREA, BEING PORTION OF LAMARTINE STREET, ROXBURY, TO THOMAS D. CAREY AND TERRENCE H. STEELE, FOR SUM OF $1 PER PARCEL (DOCKET NO. 0144)

Coun. MENINO called Docket No. 0144 from the Committee on Planning and Development under Rule 20.

Having been in Committee more than 42 days , the mat- ter was before the body.

Coun. MENINO moved that the order be given its first reading and passage.

The motion was not carried, yeas 7, nays 6:

Yeas — Councillors Byrne, Iannella, Kelly, McLaughlin, Menino, O'Neil, Travaglini — 7.

Nays — Councillors Boiling, Hennigan Casey, Mc- Cormack, Salerno, Scondras, Yancey — 6.

On motion of Coun. IANNELLA, the order was re- manded to the Committee on Planning and Development.

LATE FILED MATTER

The Chair moved that the rules be suspended and that one late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried; the matter was added to the Agenda.

REPORT ON ORDER REQUESTING THAT CER- TAIN ACTION BE TAKEN AGAINST MBTA FARE INCREASE (DOCKET NO. 1040)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the following:

Report on Docket No. 1040, order requesting that cer- tain action be taken against MBTA fare increase (referred August 7) recommending passage of the order in the fol- lowing new draft:

Whereas, The MBTA Board of Directors has voted to increase fares for public transportation by 10 cnts on buses and 25 cents on subways; and

Whereas, This fare increase will force an estimated 43 ,000 riders off the T and into their cars, further exacer- bating traffic and environmental problems in the city as it begins the Central Artery/Third Harbor Tunnel Project; and

Whereas, The MBTA has still not produced an admin- istrative management review to investigate the source of the Authority's funding problems, a review the Advisory Board suggested two years ago; and

Whereas, Many of the $20 million in cost-saving mea- sures recommended by the state legislature in their 1990 study of MBTA funding have not yet been implemented; and

Whereas, The Conservation Law Foundation is now filing a suit against the MBTA for not submitting an envi- ronmental study, as is required by law; and

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Whereas, The Conservation Law Foundation's request for a preliminary injunction is scheduled for a hearing on Friday, August 16, 1991, before the Honorable Justice Connelley in Suffolk Superior Court; and

Whereas, This increase will take effect September 3, 1991 , unless it is met with opposition by the MBTA Ad- visory Board; Now, Therefore Be It

Ordered, That Boston's representatives to the MBTA Advisory Board vote against the proposed fare increase; And Be It Further

Ordered, That the Boston City Council file, pursuant to this order and with no fee charged to the Council, an amicus curiae brief joining the Conservation Law Foun- dation lawsuit against the MBTA.

The report was accepted; the order in the new draft was passed.

ORDINANCE CREATING THE BOSTON CITIZEN'S REVIEW COMMISSION (DOCKET NO. 1081)

Coun. YANCEY offered the following: City of Boston In the Year Nineteen Hundred and An Ordinance Creating the Boston Citizen's Review Commission Be it ordained by the City Council of Boston, in accord- ance with the provisions of Massachusetts General Laws Chapter 43B, Section 13, and any other appli- cable law as follows: Preamble

In order to ensure that citizen complaints against law enforcement officials are adequately investigated and subsequent appropriate action taken; to ensure that said officials are given a just hearing under due process proce- dures; and to strengthen the relationship between the community and the police, the City Council of Boston hereby establishes the Citizen's Review Commission for the City of Boston to act as the body to undertake such actions and investigations. Section 1 .

There shall be established in the City of Boston a Citi- zen's Review Commission to serve as the investigatory body for citizen complaints law enforcement officials un- der the jurisdiction of the City of Boston. The Commis- sion will investigate all allegations placed before it, and all complaints which it receives. Section 2 .

A. The Commission shall consist of nine members, appointed by the Boston City Council in the following manner:

(1) One member shall be chosen from a list of three individuals, nominated by the Boston Police Patrolmen's Association.

(2) One member shall be chosen from a list of three individuals, nominated by the Massachusetts Association of Minority Law Enforcement Officers.

(3) The remaining members shall be chosen, one each, from a list of three individuals, nominated by each of the following gatherings of concerned mem- bers of the public:

(a) A public meeting of representatives of es- tablished organizations and others historically concerned with African- Americans of the City of Boston, to be convened by the National Associa- tion for the Advancement of Colored People.

(b) A public meeting of representatives of es- tablished organizations and others historically concerned with Latinos and Latinas of the City of Boston, to be convened by the Puerto Rican Orga- nizing Resource Center.

(c) A public meeting of representatives of es- tablished organizations and others historically concerned with Asians of the City of Boston, to be

convened by the Chinatown South Cove Neigh- borhood Council.

(d) A public meeting of representatives of es- tablished organizations and others historically concerned with gays and lesbians of the City of Boston, to be convened by the Coalition for Les- bian and Gay Civil Rights.

(e) A public meeting of representatives of es- tablished organizations and others historically concerned with women of the City of Boston, to be convened by the National Organization for Women.

(f) A public meeting of representatives of estab- lished organizations and others historically con- cerned with the homeless of the City of Boston, to be convened by the Homeless Civil Rights Project.

(g) A public meeting of representatives of es- tablished organizations and others historically concerned with the youth of the City of Boston, to be convened by the We Care Committee.

B. Only residents of the City of Boston may serve as members of the Commission.

C. No present employee of the City of Boston, or an immediate family member of such an employee, may serve as a member of the Commission.

D. The terms of each member shall be three years. For the first appointments, the members of the Com- mission shall classify themselves by lot so that three of them shall serve three years, three of them shall serve two years, and three of them shall serve one year. All members shall serve after the expiration date of their term until their successor has been appointed. No member of the Commission shall serve more than two consecutive terms.

E. The Commission shall elect one of its members as Chairperson and one as Vice-Chairperson.

F. The members of the Commission shall serve without compensation. Each member, however, shall be entitled to such reimbursement for those reasonable expenses incurred in the performance of their duties.

G. All votes of the Commission shall be by simple majority at the time of the vote. A quorum shall consist of five members of the Board.

Section 3.

A. The Commission shall serve as the first and, ex- cepting unusual circumstances, only body to receive complaints made by citizens against law enforcement officials in the City of Boston. It shall investigate such complaints, make appropriate findings, and publicly declare these findings to the appropriate individuals and bodies.

B. The system for the complaint process shall be as follows:

( 1 ) The Commission shall widely publicize its ex- istence and the rights and procedures under this ordi- nance, by distribution of posters, printed cards, leaf- lets, pamphlets, press releases, and other appropriate means. The law enforcement agencies in the City of Boston shall distribute such informa- tion developed by the Board to all persons arrested by the department and to all citizens who inquire as to how to file a complaint.

(2) Individuals may file complaints to the Board and/or to any of its officers or employees. Such com- plaints may be made orally (by dictation to the Com- mission staff and signed by the complainant), or in writing.

(3) Once a complaint has been filed, the Board shall immediately begin its investigation and pro- ceed as expeditiously as possible to come to its con- clusions. The Commission shall have the power to subpoena witnesses, documents, information, and the like, relevant to its investigations.

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(4) Within fifteen days of receiving a complaint, the Commission shall inform the appropriate police commissioner, and the police officer or officers against whom the complaint is made, of the filing of the complaint.

(5) Within sixty days of receiving a complaint, the Commission shall convene a hearing at which the complainant and the police officer or officers shall be present. All parties shall be given at least ten working days' notice of the hearing date. All parties shall have the right to be represented by counsel, the right to present witnesses and evidence, and the right to cross-examine adverse witnesses. All testimony relating to complaints shall be taken under oath and shall be subject to perjury laws.

(6) Within thirty days after the hearing, the Com- mission shall come to its decision, based on the hear- ing and all other information it receives during its investigation. At that time, the Commission shall re- fer to its findings, determinations, and conclusions in every case to the Mayor, the appropriate police commissioner, any District or U.S. Attorneys, if ap- propriate, the City Council, and the public. Those municipal individuals so charged shall take immedi- ate action on those findings, within fifteen days, as prescribed by the established codes and guidelines of the law enforcement agency. At this point, the com- plainant shall be officially informed of the results of this process.

Section 4.

A. The staff of the Commission shall include at least a director, two investigators, and one and a half secre- taries. At least one member of the staff shall be an at- torney. No present employee of a law enforcement ag- ency of the City of Boston, or an immediate family member of such an employee, may serve as a staff member.

B. The Commission shall hire and fire such staff as may be necessary to perform its functions efficiently. The director shall be compensated at the rate of the Superintendent of the Internal Affairs Division of the Police Department, and the investigators shall be com- pensated at the rate of Lieutenant of the Internal Affairs Division of the Police Department.

Section 5.

A. The Commission shall establish a regular time and place of meeting and shall meet at least once a month or more frequently as is necessary. All Commis- sion meetings and agendas for such meetings shall be published in advance by written notice given to news- papers, radio, and television stations serving the City of Boston, and be posted at the regular meeting loca- tion.

B. All meetings of the Commission shall be open to the public, unless the Commission, pursuant to the Open Meetings Law, and in order to protect the rights and privacy of individuals, decides otherwise.

C. The records and files of the Commission and its officers shall be kept open to inspection by the public at reasonable times in the office of the Commission, ex- cept as otherwise required by the Massachusetts Fair Information Practices Act.

Section 6.

The provisions of this ordinance are severable and if any provision shall be held to be unconstitutional or oth- erwise invalid by any court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this ordinance, which shall remain in full force and effect. Section 7.

This ordnance shall take effect upon passage.

Coun. KELLY moved the previous question; the mo- tion was carried.

Referred to the Committee on Public Safety.

URGING BRA SUPPORT OF JAMAICA PLAIN MULTICULTURAL ARTS CENTER (DOCKET NO. 1082)

Couns. HENNIGAN CASEY, MENINO, and IAN- NELLA offered the following:

Whereas, The Jamaica Plain Multicultural Arts Cen- ter, operated by the Jamaica Plain Arts Council, is an important community resource; and

Whereas, The programs of the Jamaica Plain Arts Council are cross-generational and multicultural; and

Whereas, The Jamaica Plain Arts Council is now fac- ing financial problems with its landlord, Bruegger's Ba- gel Bakery; and

Whereas, Bruegger's Bagel Bakery was designated by the Public Facilities Department as the developer of the former firehouse in which the Jamaica Plain Arts Coun- cil is now a tenant; and

Whereas, The Boston Redevelopment Authority is the landlord of the property at 955 Boylston Street in which the Institute of Contemporary Art is the tenant with a thirty year lease that requires payments of $14,000 per year to the City of Boston.

Be it resolved that the Boston City Council urges the Collector Treasurer and the Boston Redevelopment Au- thority to dedicate the rental receipts of the cultural facil- ity at 955 Boylston Street, Boston, to assist the cultural facility tenant at 659 Centre Street, Jamaica Plain, the Jamaica Plain Arts Council, for a period not to exceed twenty years.

The resolution was adopted under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1083)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, August 14, 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, Au- gust 27, 1991:

Allison Boatman, secretary, $245.00 per week, full time, 35 hours.

Passed under suspension of the rules.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillor offered a resolu- tion of a congratulatory nature as set forth after his name:

Councillor Boiling: Liam F. Madden (Docket No. 1084).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matter to the Con- sent Agenda:

Councillor Salerno: Madonna del Soccorso di Sciacca Society (Docket No. 1085).

The matters contained within the Consent Agenda were severally adopted.

At the request of the Chair, everyone present stood for a moment of silence in memory of former City Council- lor Michael Paul Feeney who died on August 13, 1991.

Adjourned at 3:10 p.m., on motion of Councillor Byrne, to meet on Wednesday, August 21, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, August 21, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 2:30 p.m., President IAN- NELLA in the chair, and all the members present.

INVOCATION

Reverend William Barry of St. Christopher Friary, Boston, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor SA- LERNO, who welcomed, for all the Councillors, a dele- gation from the Johana (Japan)/Marlboro (New Jersey) Sister City Exchange Program and congratulated them on their contribution to the ongoing friendship between the people of Japan and the people of the United States.

President IANNELLA introduced Councillor O'NEIL who presented a resolution, for all the Councillors, to Robert Hannan, Chief of Research for the Boston City Council, because of his having submitted a winning idea to the Work Smarter Program, a program set up to im- prove government operations, improve city service de- livery, and improve employee morale.

Mr. Hannan accepted the congratulations of the City Council on his invention of a modestly-priced, portable, battery or electrically operated amplifying device for public hearings.

APPROPRIATION OF $530,460.99 FOR LIBRARY OF LAST RECOURSE (DOCKET NO. 1086)

The following was received:

City of Boston Office of the Mayor

August 21, 1991. To the City Council. Dear Councillors:

I am submitting herewith an appropriation order in the amount of $530,460.99 covering reimbursement for the Library of Last Recourse for the period April 1, 1991 through June 30, 1991.

I respectfully recommend adoption of this order by your honorable body.

Very truly yours,

Raymond L. Flynn, Mayor.

Ordered, That in addition to the appropriations hereto- fore made, to meet salary expenses for the Library De-

partment in the fiscal period commencing April 1, 1991 through June 30, 1991, that the sum of five hundred thirty thousand four hundred sixty dollars and ninety- nine cents ($530,460.99) be, and the same hereby is ap- propriated, said sum to be met from the Commonwealth of Massachusetts under G.L. Ch. 79, Sec. 19c as amended by Ch. 636 Acts of 1970:

011-110-0110 Library Department, Personal Serv- ices, $530,460.99.

Referred to the Committee on Ways and Means.

ORDER FOR CONFIRMATION OF APPOINTMENT OF CONSTABLE (DOCKET NO. 1087)

The following was received:

City of Boston Office of the Mayor

August 20, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the person named on the enclosed order as Constable of the City of Boston, authorized to serve civil process upon filing of bond, for the period com- mencing May 1, 1991 and ending April 30, 1992. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of the following- named person as Constable of the City of Boston for the period commencing May 1, 1991 and ending April 30, 1992 be, and hereby is confirmed.

Herbert Alleyne, 374 Blue Hill Avenue, Dorchester.

On motion of Coun. McLAUGHLIN, the rules were suspended; the order was passed.

CRIME STATISTICS FOR PERIOD 7/13 THROUGH 7/19/91 (DOCKET NO. 1088)

The following was received:

City of Boston Office of the Mayor

August 20, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing July 13, 1991 and ending July 19, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

Annexed hereto is the documentation referred to. Placed on file.

CRIME STATISTICS FOR PERIOD 7/20 THROUGH 7/26/91 (DOCKET NO. 1089)

The following was received:

City of Boston Office of the Mayor

August 20. 1991. To the City Council. Dear Councillors:

I transmit herewith communication received form the Police Department pertaining to crime statistics for the

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period commencing July 20, 1991 and ending July 26, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

Annexed hereto is the documentation referred to. Placed on file.

ity of a Proclaimer of Minor Modification of the Urban Renewal Plan of the School-Franklin Urban Renewal Area Project No. Mass. R-82A (referred November 28, 1 99 1 ) recommended the notice be placed on file.

The report was accepted: the notice was placed on file.

NOTICE OF HEARING FROM DEPARTMENT OF PUBLIC UTILITIES ( DOCKET NO. 1090;

Notice was received from the Department of Public Utilities of hearing on August 29, 199 1 , re Daniel DiSan- gro.

Placed on file.

COMMUNICATION FROM MIFA RE PROPOSED REVENUE BOND PROJECT (DOCKET NO. 1091)

Communication was received from Michael Meyers, Deputy Executive Director and Chief Operating Officer, Massachusetts Industrial Finance Agency re: proposed revenue bond project to be financed on behalf of United Way of Massachusetts Bay, Inc. to be located at Two Liberty Square.

Placed on file.

REPORT ON COMMUNICATION FROM JOHN BRADSHAW, ASSOCIATE DEPUTY COMMIS- SIONER, EXECUTIVE OFFICE OF ADMINI- STRATION AND FINANCE, DIVISION OF CAPITAL PLANNING AND OPERATIONS (DOCKET NO. 0145)

COUN. McCORMACK, on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No. 0145, communication from John Bradshaw, Associate Deputy Commissioner, Exec- utive Office of Administration and Finance, Division of Capital Planning and Operations, re availability of state- owned real property on Hyde Park Avenue (referred Oc- tober 24, 1990) recommending the communication be placed on file.

The report was accepted; the communication was placed on file.

Later in the session Coun. McCORMACK moved re- consideration of the foregoing action; reconsideration prevailed.

Coun. McCORMACK moved that the matter be re- committed to the Committee on Planning and Develop- ment.

The motion was carried.

NOTICE FROM CITY CLERK OF FILING OF BRA OF PROCLAIMER OF MINOR MODIFICATION OF URBAN RENEWAL PLAN OF SCHOOL- FRANKLIN URBAN RENEWAL AREA PRO- JECT NO. MASS. R-82A (DOCKET NO. 0147)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No. 0147, Notice from the City Clerk of the filing by the Boston Redevelopment Author-

REPORT ON NOTICE FROM CITY CLERK OF FIL- ING BY BRA OF PROCLAIMER OF MINOR MODIFICATION OF URBAN RENEWAL PLAN OF CHARLESTOWN URBAN RENEWAL PRO- JECT NO. MASS. R-55 (DOCKET NO. 0353)

Coun. McCORMACK. on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No. 0353. notice from the City Clerk of the filing by the Boston Redevelopment Author- ity of a Proclaimer of Minor Modification of the Urban Renewal Plan of Charlestown Urban Renewal Project No. Mass. R-55 (referred February 27) recommending the notice be placed on file.

The report was accepted: the notice was placed on file.

REPORT ON FOR PETITION FOR SPECIAL LAW REORGANIZING THE SCHOOL COMMITTEE OF CITY OF BOSTON (DOCKET NO. 0155)

Coun. McCORMACK, on behalf of the Committee on Public Education, submitted the following:

Report on Docket No. 0155. order for petition for spe- cial law reorganizing the School Committee of the City of Boston (referred October 17. 1990) recommending the order be placed on file.

The report was accepted: the order was placed on file.

REPORT ON ORDER FOR PETITION FOR SPECIAL LAW REORGANIZING THE BOSTON SCHOOL COMMITTEE (DOCKET NO. 0156)

Coun. McCORMACK, on behalf of the Committee on Public Education, submitted the following:

Report on Docket No. 0156, order for petition for spe- cial law reorganizing the Boston Schol Committee (re- ferred December 5, 1990) recommending the notice be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER URGING CORPORATION COUNSEL TO INITIATE LEGAL ACTION NEC- ESSARY TO ENJOIN SCHOOL COMMITTEE AND SUPERINTENDENT OF SCHOOLS FROM DELIBERATELY AUTHORIZING EXPENDI- TURES IN EXCESS OF SCHOOL DEPART- MENT'S APPROPRIATION FOR FY91 (DOCKET NO. 02 14)

Coun. McCORMACK, on behalf of the Committee on Public Education, submitted the following:

Report on Docket No. 0214, order urging Corporation Counsel to initiate legal action necessary to enjoin School Committee and Superintendent of Schools from deliverately authorizing expenditures in excess of School

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Department's appropriation for FY91 (referred January 16) recommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER FOR PETITION FOR SPECIAL LAW REORGANIZING SCHOOL COMMITTEE (DOCKET NO. 0448)

Coun. McCORMACK, on behalf of the Committee on Public Education, submitted the following:

Report on Docket No. 0448, order for petition for spe- cial law reorganizing the School Committee (referred March 27) recommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER FOR HEARING TO REVIEW PLANS FOR BOSTON YOUTH CAMPAIGN AND FOR SUMMER YOUTH EMPLOYMENT IN BOSTON AND TO REVIEW STATUS OF AP- POINTMENTS TO BOSTON YOUTH SERVICES COMMISSION (DOCKET NO. 0177)

Coun. McCORMACK, on behalf of the Special Com- mittee on Youth Services, submitted the following:

Report on Docket No. 0177, order for hearing to re- view City 's plans for the Boston Youth Campaign and for summer youth employment in Boston and to review the status of appointments to the Boston Youth Services Commission (referred February 21) recommended the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER FOR HEARING TO REVIEW OFFICE OF CHILDREN'S REPORT, TO FUR- THER ASSESS IMPACT OF STATE BUDGET CUTS, AND TO CONSIDER STRATEGIES TO BETTER MEET NEEDS OF CHILDREN (DOCKET NO. 0178)

Coun. McCORMACK, on behalf of the Special Com- mittee on Youth Services, submitted the following:

Report on Docket No. 0178, order for hearing to re- view the Office of Children's report, to further assess the impact of the state budget cuts, and to consider strategies to better meet the needs of children (referred October 3 1 , 1990) recommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDINANCE AMENDING CBC, OR- DINANCES, CHAPTER XVI "PROHIBITIONS, PENALTIES AND PERMITS" AND CERTAIN SECTIONS OF CHAPTERS II, XIV AND XVII (DOCKET NO. 0129)

Coun. McCORMACK, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 0129, ordinance amending CBC, Ordinances, Chapter XVI "Prohibitions, Penal- ties and Permits" and certain sections of Chapters II, XIV and XVII (referred December 12, 1990) recom- mending passage of the ordinance in the following new draft:

Ordinance Amending City of Boston Code, Ordinance, Chapter XVI' 'Prohibitions, Penalties and Permits" and Certain Sections of Chapter II, XIV and XVII.

A. Health Inspection Matters

Section One — CBC Ord. 16-1.1 Fish a) Throwing Entrails into Harbor Prohibited — is hereby repealed. (NE$20.)

Section Two — CBC Ord. 16-1.2 Vegetables — is hereby repealed. (NE $20.)

Section Three — CBC Ord . 1 6- 1 . 3 Decayed Food — is hereby amended by striking the words "Board of Health and Hospitals", and substituting therefor, the words, "Division of Health Inspections, Inspectional Services Department. "(NE $20.)

Section Four — CBC Ord. 16-1 .4 Bakery (NE $20.)

CBC Ord. 16-1.5 Food Products, Retail Sale of (NE $20.)

CBC Ord. 16-1.6 Food Permits, Single Permit to be Issued — are severally repealed and replaced by the fol- lowing new section — (NE $20.)

Section 16.1.4 Bakery — Food Products, Retail Sale Of. No person shall carry on the business of a bakery, nor sell at retail: meat, produce, dry groceries, dairy products, frozen foods or any other food products with- out a permit issued by the Division of Health Inspections, Inspectional Services Department under the authority of the State Sanitary Code. (NE $100.)

Section Five — CBC Ord. 16.1.7 — Permit for Cat- ered Functions — is hereby amended by striking the words "Board of Health and Hospitals" wherever they appear, and substituting therefor, the words, "Division of Health Inspections, Inspectional Services." (NE $20.)

Section Six — CBC Ord. 16-1 .8 — Live Fowl, Etc. — is hereby repealed and replaced by the following new section: ($10.)

16-1.8 Live Fowl, Farm Animals — No person shall keep any live fowl or other farm animals, except in ac- cordance with a permit from the Division of Health In- spections, Inspectional Services Department.

Section Seven — CBC Ord. 16-1.9 — Restraining Dogs — is hereby amended by adding a new sub-section.

16-1. 9A — Fines for Violation — Violations of this ordinance shall be punished as follows:

1 . For the first offense in a calendar year — a warning notice to the dog owner.

2. For the second offense in a calendar year — a fine of twenty -five ($25.00) dollars.

3. For the third offense in a calendar year — a fine of thirty ($30.00) dollars.

4. For the fourth and each subsequent offense in a cal- endar year — a fine of fifty ($50.00) dollars.

Section Eight — CBC Ord. 16-1.13 — Keeping of Cows — is hereby repealed. ($10.)

Section Nine — CBC Ord. 16-1.14 — Prohibiting De- facement of Property, and Possession of Certain Items — is hereby re-codified as CBC Ord. 16-8B.

Section Ten — CBC Ord. 16-1.15 — Ringing Bells — is hereby repealed. ($10.)

Section Eleven — CBC Ord. 16-1.17 — Decaying Matter — is hereby repealed. ($10.)

Section Twelve - CBC Ord. 16-1.17- House Offal — is hereby repealed. ($10.)

Section Thirteen — CBC Ord. 16-1.19 — Ashes and Cinders — is hereby repealed. ($10.)

Section Fourteen — CBC Ord. 16-1.22 Burials — is hereby repealed. ($20.)

Section Fifteen — CBC Ord. 16-1.23 Cesspools and Privies — is hereby repealed. (NE $20.)

Section Sixteen — CBC Ord. 16-1.24 Sewage and Waste Material — is hereby amended by striking in the last sentence, the words, "Board of Health and Hospi-

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tals" and substituting therefor, the words, "Division of Health Inspections, Inspectional Services." ($10.)

Section Seventeen — CBC Ord. 16-1.25 — Drains — is hereby amended by placing a period after the word "repair" and striking the remainder of the sentence. (NE $20.)

Section Eighteen — CBC Ord. 16-1.26 — Medical Waste Disposal — is hereby re-codified as CBC Ord. (See Appendix B) ($200.)

Section Nineteen — CBC Ord. 16-2.1 (Hawkers and Peddlers) Registration — is hereby amended by striking, in the first sentence, the words "Board of Health and Hospitals, and until he has recorded with said Board," and substituting therefor, the words, "Division of Health Inspections, Inspectional Services Department, and until he has recorded with said Division," and by striking the words, "Board of Health and Hospitals" wherever they appear and substituting therefor, the words, "Division of Health Inspections, Inspectional Services Department." (NE $20.)

Section Twenty — CBC Ord. 16-2.4 — Vehicles and Receptables — is hereby amended by striking the words, "Board of Health and Hospitals" wherever they appear and substituting therefor, the words, "Division of Health Inspections, Inspectional Services Department." (NE$20.)

Section Twenty -One CBC Ord. 16-3 — Taking of Sea Worms — including CBC Ord. 16-3.1 Who May Take — are hereby repealed. (NE $20.)

Section Twenty -Two — CBC Ord. 16-10 — Market Limits — including subsections 16-10.1 Sale of Butter, 16-10.2 Obstruction to Travel, 16-10.3 Sunday Regula- tions, 16-10.4 Disorderly Conduct, 16-10.5 Compliance with Directions are hereby severally repealed. ($20.)

Section Twenty-Three — CBC Ord. 16-12.7 Dog Fouling — is hereby amended in paragraph e. Enforce- ment — by striking the last sentence thereof and is further amended by re-codifying the section as CBC Ord. 16- 1.1. (See Appendix A) ($50.)

Section Twenty-Four — CBC Ord. 16-27 — Retail De- livery of Milk and CBC Ord. 16-2.1 — Time Regulation — are hereby repealed. (NE $20.)

Section Twenty-Five — CBC Ord. 16-32.3 — Alterna- tive Noncriminal Disposition of Subsection 16-1.9 and 16.12.7 — is hereby amended and re-codified as CBC Ord. 16-1 . 14 - (See Appendix A). (NE $20.)

B. Public Works Matters

Section Twenty-Six — CBC Ord. 16-12. 1 — Spped of Animals and Vehicles — is hereby repealed. (NE $20.)

Section Twenty-Seven — CBC Ord. 16-12.6 — Cleansing Animals, Vehicles and Mats in Streets — is hereby repealed. ($10.)

Section Twenty-Eight — CBC Ordinances:

16-1.20 — Transportaton of Refuse ($50.)

16- 1.20 A — Dumpsters ($50. $200.)

16-1 .21 — Prohibiting the Operation of Refuse Treat- ment and Disposal (NE $20.)

16-1.26 — Medical Waste Disposal ($200.)

16-12. 10 - Rubbish Disposal ($25.)

16-12.11 — Rummaging ($10.)

16-12.12 - Size of Barrels ($10.)

16-12.13 — Overfilling of Barrels or Dumpsters of Any Size ($10.)

16-12. 17 — Trash Outside Place of Business ($25.)

16-12. 18 — Trash Within Place of Business ($50.)

17-10.1 — Application for Permit to Maintain Out- door Dumpster.

17-10.2 — Refuse Containers Required to Be Li- censed.

17-10.3 — Cleaning and Disinfecting of Storage Con- tainers; Violations; Penalty.

17-11.1 — Essential Facilities Permitted to Be Oper- ated or Established.

17-11.2 — Exclusion for System Serving Only One Building.

17.11.3 — Regulations for New Transfer Stations.

17. 1 1 .4 — Conditions for Assignment Inposed.

17.11.5 — Application of Regulations

17-11.6 — "Necessary and Essential" Designation Obtained from City Council.

17-11.7 - Violations: Penalties ($100/$500)

17-11.8 — Violations, Penalty; Enforcement — shall be recodified into a new section entitled: "Trash and Refuse Disposal" — the placement and numbering of which shall be determined by the City Clerk. (See Ap- pendix B).

Section Twenty-Nine — CBC Ord. 16-12. 14 — Coast- ing or Sledding in Streets — is hereby repealed. ($10.)

Section Thirty — CBC Ord. 16-12. 16 — Removal of Snow and Ice — is hereby amended as follows: "No owner or tenant of an estate abutting on a sidewalk shall place or suffer to remain for more than three (3) hours between sunrise and sunset, any snow upon such side- walk, or any ice upon such sidewalk unless such ice is made even and covered with sand or such other environ- mentally sound material so as to prevent slipping"; nor shall etc.

Section Thirty-One — CBC Ord. 16-12.20 — Cutting Firewood — is hereby repealed. ($10.)

Section Thirty-Two — CBC Ord. 16-12.21 — Driving Animals — is hereby repealed. ($10.)

Section Thirty-Three — CBC Ord. 16-12.22 — Graz- ing Animals in Streets — is hereby repealed. ($10.)

Section Thirty-Four — CBC Ord. 16-12.23 — Water- ing Streets — is hereby repealed. ($10.)

Section Thirty-Five — CBC Ord. 16-20.1 — Use of Water — is hereby repealed. ($20.)

C. Miscellaneous Matters

Section Thirty-Six — CBC Ord. 16-14 — Public Bath- ing, 16^.1 — Swimming — Are hereby repealed. (NE $20.)

Section Thirty-Seven — CBC Ord. 16-15.2 — Driv- ing Over Drawbridges — is hereby repealed. (NE $20.)

Section Thirty-Eight — CBC Ord. 16-22.1 —Regula- tion Concerning Numbering of Buildings — is hereby amended by striking the words "Building Commis- sioner" wherever they appear and substituting therefor the words, "Commissioner of Inspectional Services." ($10.)

Section Thirty-Nine — CBC Ord. 16-26.2 — is hereby amended by striking the caption and substituting therefor the following new caption: "Unreasonable Noise — Au- tomobile Security Alarm Devices" and further amended by inserting after the first paragraph, the following new paragraph: The Boston Police Department shall have the authority to terminate such alarm after five minutes by whatever means least harmful to the vehicle or to tow the vehicle to an area least injurious to the public peace and quiet.

Section Forty — CBC Ord. 16-26.3 — "Unreasonable Noise From Automobile Safety Devices" — is hereby repealed.

Section Forty-One — CBC Ord. 16-26.4 — Regula- tion of Construction Hours — is hereby amended by striking the words, "Building Commissioner" and sub- stituting therefor the words "Commissioner, Inspec- tional Services Department". (16-32.6)

Section Forty-Two — CBC Ord. 16-28.2 — Publica- tion and Notice — (Jitney Licenses) is hereby amended by striking the words, "Committee on Licenses" and substituting therefor the words "proper committee." (18-1.101)

Section Forty -Three — CBC Ord. 16-32.3 Alternative Noncriminal Disposition of Violation Subsection 16-1.9 and 16-12.7 is hereby amended by recodifying the sec- tion as: CBC Ord. 16-1.14 Alternative Noncriminal Dis-

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position of Violation of Subsections 16-1.9, 16-1. 9A, 16-1. 10 and 16-1.11. and is further amended in the first sentence as follows: "Subsections 16-1.9, 16-1.10 and 16-1.11. shall be enforced by the Commissioner of In- spectional Services Department and his authorized agents including, but not limited to, the Animal Control Unit and the Division of Housing Inspections, by all Po- lice Officers, by all special Police" and subsequent. (See Appendix A)

Section Forty-Four — CBC Ord. 14-5 Dog Officer — is hereby recodified as CBC Ord. 16-1 . 12. (See Appen- dix A)

Section Forty-Five — CBC Ord. 2-4. 1 Duties of Board (Listing Board) — is hereby recodified as — CBC Ord. 16-1.13. (See Appendix A)

Section Forty-Six — CBC Ord. 17-10 — Refuse Con- tainers and Outdoor Dumpsters; Permit Required; Serv- icing by Licensed Refuse Contractor — including 17- 10.1, 17-10.2, and 17-10.3 shall be recodified into Chapter XVI and numeration affixed by the City Clerk. (See Appendix B).

Section Forty-Eight — CBC Ord. 16-23.4 Gasoline Prices — is hereby recodified as subsection 17-2.3. ($10.)

Appendix A

16-1.9 Restraining Dogs.

No person owning or harboring a dog shall suffer or allow it to worry, wound, or attack any person, nor to be so unreasonably noisy as to disturb the peace, nor shall such person suffer or allow it to go upon the premises of another without the permission of the owner or occupant of such premises. No person owning or harboring a dog shall suffer or allow it to run at large in any street or public place in the City, nor permit it to go upon any street or public place unless it is effectively restrained by a chain or leash not exceeding ten (10') feet in length. For the purposes of Section 173A of Chapter 140 of the Gen- eral Laws this section shall be deemed an ordinance made under the provisions of Section 173 of said Chapter 140.

16-1.12

14-5 DOG OFFICER.

14-5.1 Duties of Dog Officer.

The Dog Officer appointed under Section 151 of Chap- ter 140 of the General Laws, or the domestic charitable corporation from time to time performing by contract the duties of Dog Officer in accordance with said section, shall apprehend and impound any dog found running at large in any street or public place within the City in viola- tion of Subsection 16-1 .9 of these ordinances. Upon ap- prehending or receiving any such dog the Dog Officer or domestic charitable corporation performing duties as aforesaid shall make a complete registry, entering the breed, color, and sex of such dog, whether or not such dog is licensed, and, if such dog is licensed, the name and address of the owner and the number of the license tag. The Dog Officer or domestic charitable corporation per- forming duties as aforesaid shall as soon as possible no- tify the owner of any such dog , if known , that the dog has been impounded, and shall return any dog so impounded to the owner thereof upon payment of all costs and charges incurred by the Dog Officer or by such domestic charitable corporation in connection with the apprehen- sion and detention of such dog and, if such dog is unli- censed when apprehended, upon presentation of a li- cense for such a dog secured from the Police Commissioner by the owner thereof.

The Listing Board or its agents shall give to each owner or harborer of an unlicensed dog the form of appli- cation for a dog license that may from time to time be prescribed by the Police Commissioner, with as many

duplicate copies of the same as may be required by the Police Commissioner, and shall inform each such owner or harborer of the procedure, if any, that may be from time to time established by the Police Commissioner for submitting such application and securing such license by mail.

(Ord. 1972, c. 15, s. 1; CBC 1975, Ord. T14, s. 500).

Cross References: G.L. c. 140 s. 151; Ord. ss. 2-4.1; Ord. ss. 16-1.9.

16-1.13

2-4 LISTING BOARD.

2-4.1 Duties of Board.

The Listing Board constituted under Chapter 29 of the General Acts Of 1917, as amended by Chapter 287 of the Acts of 1938, shall, each year in the course of making a list of all dogs owned by the inhabitants of Boston pursu- ant to Section 150 of Chapter 140 of the General Laws, ascertain whether each such dog is licensed or unli- censed, and shall return such information to the Police Commissioner and to the Dog Officer or to the domestic charitable corporation from time to time performing by contract the duties of Dog Officer in accordance with Section 151 of said Chapter 140. The Listing Board or its agents shall, at the time of so ascertaining, by means of a suitable written notice inform each owner or harborer of an unlicensed dog of the penalties for harboring such dog and of the procedure for procuring a dog license. The Listing Board or its agents shall give to each owner or harborer of an unlicensed dog the form of application for a dog license that may from time to time be prescribed by the Police Commissioner, with as many duplicate copies of the same as may be required by the Police Commis- sioner, and shall inform each such owner or harborer of the procedure, if any, that may be from time to time es- tablished by the Police Commissioner for submitting such application and securing such license by mail.

16-1 . 14 Alternative Noncriminal Disposition of Viola- tions of Subsection 16-1.9, 16-1.10 and 16-1.11.

Subsections 16-1.9, 16-1.10 and 16-1.11 shall be en- forced by the Commissioner of Inspectional Services and his authorized agents including, but not limited to, the Animal Control Unit and the Division of Housing In- spections, by all Police Officers, by all special Police Officers including parking meter supervisors, so called, appointed under the provisions of Chapter 282 of the Acts of 1898, as amended, and by the Dog Officer ap- pointed under Section 151 of Chapter 140 of the General Laws or the domestic charitable corporation from time to time performing by contract the duties of Dog Officer in accordance with said Section 151, and by the authorized agents of such Dog Officer or such domestic charitable corporation. If any officer empowered to enforce Sub- sections 16-1.9 and 16-12.7 takes cognizance of a viola- tion thereof, he may, as an alternative to instituting crim- inal proceedings, forthwith give to the offender a written notice to appear before the Clerk of the District Court having jurisdiction at any time during officer hours, not later than twenty -one (2 1 ) days after the date of such vio- lation. Such notice shall be in triplicate and shall contain the name and address of the offender, the specific offense charged, and the time and place for his required appear- ance. Such notice shall be signed by the officer, and shall be signed by the offender whenever practicable in ac- knowledgement that such notice has been received. The officer shall if possible deliver to the offender at the time and place of the violation a copy of said notice. When- ever it is not possible to deliver a copy of said notice to the offender at the time and place of the violation said copy shall be mailed or delivered by the officer, or by his Commanding Officer, or by the Head of his Department,

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or by any person authorized by such Commanding Offi- cer or Head of Department, to the offender's last known address, or to the address of the owner of the dog as it may appear on the collar of such dog or as it may appear on the application for a license for such dog in the records of the Police Commissioner, within five (5) days thereof, exclusive of Saturdays, Sundays, and legal holidays. Such notice as so mailed shall be deemed a sufficient notice, and a certificate of the officer or person so mail- ing such notice that it has been mailed in accordance with this subsection shall be prima facie evidence thereof. At or before the completion of each hour of duty the officer shall give to his Commanding Officer or Department Head those copies of each notice of such a violation he has taken cognizance of during such tour which have not already been delivered or mailed by him as aforesaid. The Commanding Officer or Department head shall re- tain and safely preserve one of the copies and shall, at a time not later than the next court day after such delivery or mailing, deliver another of such copies to the Clerk of the Court before whom the offender has been notified to appear.

Any person notified to appear before the Clerk of a District Court as hereinbefore provided may appear be- fore such Clerk and confess the offense charged, either personally or through an agent duly authorized in writ- ing, or by mailing to such Clerk, with the notice, the sum of fifty ($50.00) dollars, such payment to be made only by postal note, money order, or check. Payment to such Clerk of such sum shall operate as a final disposition of the case. Proceedings under this paragraph shall not be deemed criminal; and no person notified to appear before the Clerk of a District Court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.

(CBC 1975 Ord. T14 s. 254; Ord. 1976 c. 7, s. 1).

16-1 .9A — Fines for Violation — Violation of this or- dinance shall be punished as follows:

1 . For the first offense in a calendar year — a warning notice to the dog owner.

2. For the second offense in a calendar year — a fine of twenty-five ($25.00) dollars.

3. For the third offense in a calendar year — a fine of thirty ($30.00) dollars.

4. For the fourth and each subsequent offense in a cal- endar year — a fine of fifty ($50.00) dollars.

16-1.10 Keeping of Animals.

No person shall keep any animal upon any estate within the City, except in a place that is properly fitted out for the healthful and sanitary maintenance of that ani- mal, nor shall any person keeping an animal allow any odor from such animal to escape the premises so as to disturb the peaceful enjoyment of the property of an- other.

(CBC 1975 Ord. T14 s. 254A; Ord. 1976 c. 7, s. 2).

16-1.11 Dog Fouling.

a. Duty to Dispose. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person.

b. Duty to Possess Means of Removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.

c. Method of Removal and Disposal. For the purposes of this subsection, the means of removal shall be any tool, implement, or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regu- larly reserved for the disposal of human feces, specifi- cally reserved for the disposal of canine feces, or as oth- erwise designated as appropriate by the Commissioner of the Department of Health and Hospitals.

d. Fines for Violation. Violation of this regulation shall be punished by a fine of fifty ($50.00) dollars for each occurrence.

e. Enforcement. Violation of this regulation shall be enforced in accordance with law, provided, however, that, if simultaneously with the issuance of a complaint hereunder, a complaint is issued pursuant to G.L. , c. 40, s . 2 1 D , and that complaint is disposed of pursuant to said act and CBC, Subsection 16-32.3, the complaint issued hereunder shall be deemed disposed of.

f. Exemption. This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirement of this subsection, or any individual over sixty-five (65) years of age accompanying a licensed dog.

g. Severability. The provisions of this subsection are severable; and if any of the provisions of this subsection shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining pro- visions.

(CBC 1975 Ord. T14 s. 291; Ord. 1979 c. 34).

If any person so notified to appear before the Clerk of a District Court fails to appear and pay the fine provided hereunder or, having appeared, desires not to avail him- self of the procedure hereinbefore provided for the non- criminal disposition of the case, the Clerk shall, as soon as may be, notify the officer concerned, who shall forth- with make a complaint and follow the procedure estab- lished for violations of these ordinances.

As used in this section the term "District Court' ' shall include, within the limits of its jurisdiction, the Boston Municipal Court.

The notice to appear provided herein shall be printed in such form as may be satisfactory to the Chief Justice of the Boston Municipal Court and to the Administrative Committee of the District Courts as created by Section 43 A of Chapter 2 1 8 of the General Laws.

The provisions of this subsection are severable, and if any of the provisions of this subsection shall be held un- constitutional or otherwise invalid by any court of com- petent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

(CBC 1975 Ord. T14, s. 369; Ord. 1979, c. 35).

Appendix B

16-1.20 Transportation of Refuse.

No person, other than employees of the City or of a contractor acting for the City while engaged in public work, shall transport or carry refuse in, upon or through any street except in accordance with a permit from the Commissioner of Public Works, who shall forthwith re- voke such permit if the permittee transports or carries to any refuse disposal incinerator constructed, maintained and operated by the City any refuse originating outside the City. The word "refuse," as used in this paragraph, shall be construed to include rubbish, ashes, nonputres- cible industrial wastes, and street cleanings, but not gar- bage, offal or other offensive substances coming with Sections 31 A and 31 B of Chapter 111 of the General Laws.

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No person shall deposit or dump any house-dirt, house-offal, or other refuse matter, except in a place ap- proved by the Board of Health and Hospitals, or place outside of any building or premises for removal any light refuse or rubbish that is likely to be scattered or blown about, unless the same is properly packed, bundled, or otherwise secured.

(CBC 1975, Ord. T14, s. 264). (NE$50)

16-1. 20A Dumpsters.

No person shall, in or upon any way, street, alley, or other public place within the City, nor in or upon any estate within the City, maintain a dumpster so-called, be- ing a device used or intended for the storage of one cubic yard or more of trash, rubbish, construction debris, or the like, unless the same is maintained agreeably to any regulation promulgated by the Commissioner of Public Works nor unless bearing a number issued by the said Commissioner to the owner of the dumpster, annually, upon payment of a filing fee often ($10.00) dollars plus two ($2.00) dollars per dumpster.

(Ord. 1986, c. 15, s. 2).

16-1.21 Prohibiting the Operation of Refuse Treat- ment and Disposal Facilities in the City.

a. No person shall operate, establish, or maintain, nor shall any place within the City of Boston be operated, established, or maintained for a refuse treatment or dis- posal facility. For purposes of this subsection, the term "refuse treatment and disposal facility" shall include a sanitary landfill, a refuse composting plant, a dumping ground for refuse, or any other works for treatment or disposing of refuse; and "refuse" shall mean all solid or liquid waste materials, including garbage and rubbish, but not including sewage.

b. This subsection shall not apply to any refuse treat- ment and disposal facility lawfully in existence upon the effective date of this ordinance, nor shall it apply to any refuse transfer station lawfully in existence or undergo- ing review, in accordance with the provisions of General Laws c. 1 1 1 , s. 150A should such review result in a site assignment within the term of that section, upon the ef- fective date of this ordinance1 (subsection), nor shall it apply to any waste to energy recovery facility operated by, or under contract with the City of Boston; provided, however, that this paragraph b. shall not apply to afford an exception in the case of or with respect to any parcel or parcels within said City now, or in the ten (10) years preceding the effective date of this ordinance (subsec- tion), upon which the commercial removal of stone, block, or any mineral, mining, or quarrying activity has been performed.

c. This subsection shall not apply to any onsite energy recovery waste disposal system which serves only the building within which it is located.

d. Every new refuse transfer station shall be in a com- pletely enclosed, covered structure and be located in an area zoned for industrial use.

(Ord. 1976, c. 13, ss. 1,2; Ord. 1981, c. 4, s. 3; Ord. 1983, c. 34, ss. 2, 3, 4). Cross Reference: Ord. c. XVII, Section 17-1 1.

16-1.26 Medical Waste Disposal.

No person shall store, keep, transport, dispose or pre- pare for transport or disposal of infectious and/or haz- ardous medical waste as that term is defined in the Code of Massachusetts Regulations, except in accord with such regulations, nor unless the same are wrapped or placed in a container which will prevent puncture by, or spillage of, such waste, nor unless the same is then bagged in a plastic or craft paper container (meeting the requirements of the ordinances for strength) marked "Infectious and/or Hazardous Medical Waste". No per- son shall dispose of such waste in any manner inconsis-

tent with state or federal law. (Ord. 1988, c. 17, s. 1)

16-12.10 Rubbish Disposal.

The owner or person in control of any premises within the City shall at all times maintain the sidewalks, alleys, streets, and places adjoining the premises free of trash, refuse, rubbish, or debris; provided, however, that this subsection shall not prohibit the storage of litter in the manner and at the times prescribed by the Commissioner of Public Works for purposes of collection.

(Ord. 1975, c. 2; CBC 1975, Ord. T14, s. 294).

16-12.11 Rummaging.

No person shall in any public way, public alley or other public place under the charge of the Commissioner of Public Works or upon any roadway or walk thereof rummage in or through rubbish or refuse of any kind or interfere with any bundle of rubbish or refuse or any re- ceptacle containing rubbish or refuse.

(CBC 1975, Ord. T14, s. 295).

16-12.12 Size of Barrels.

No person shall deposit, drop or throw any filth, rub- bish or other substance into a drum or other barrel with a diameter of more than twenty (20' ') inches or a height of more than twenty -eight (28") inches if by law or by ar- rangement such filth, rubbish or other substance is to be collected therefrom by the Public Works Department (whether through employees in its service or through an independent contactor acting for it) or by a person having a permit under Subsection 16-1.20 of this Chapter or Section 31 A of Chapter 1 1 1 of the General Laws.

(Ord. 1975 Ord., s. 296).

16-12.13 Overfilling of Barrels or Dumpster of Any Size.

No person shall deposit, drop or throw into a drum or other barrel with a diameter of twenty (20") inches or less and a height of twenty -eight (28") inches or less, or dumpster of any size, any filth, rubbish or other sub- stance which by law or by arrangement is to be collected by the Public Works Department (whether through em- ployees in its service or through an independent contrac- tor acting for it) or by a person having a permit under subsection 16-1.20 of this Chapter or Section 31 A of Chapter 111 of the General Laws if such drum or barrel or dumpster will thereby be filled so high that such filth, rubbish or other substance or any part thereof is likely to drop or fall from such receptacle while it is being moved in the process of such collection.

(CBC 1975 Ord. T14, s. 297; Ord. 1985. c. 7).

16-12.17 Trash Outside of Places of Business.

No person in control of a place of business abutting on a sidewalk shall knowingly suffer any rubbish, litter, filth, garbage or other refuse to remain on such sidewalk except in a receptacle or bundle placed on such sidewalk in accordance with the provisions in Subsection 16- 12.10. No dumpsters shall be allowed to remain on a property in an overflowing condition.

(CBC 1975, Ord. T14, s. 301; Ord. 1985, c. 9, s. 1).

16-12.18 Trash Within Place of Business.

No person in control of a place of business abutting on a street shall knowingly suffer any rubbish, litter, or other refuse to remain in the open on the estate upon which such place of business is located except in a recep- tacle or bundle from which such rubbish, litter or refuse is not likely to be blown onto such street. No dumpster shall be allowed to remain on a property in an overflow- ing condition.

(CBC 1975, Ord. T14, s. 302; Ord. 1985, c. 9, s. 2).

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17-10. REFUSE CONTAINERS AND OUTDOOR DUMPSTERS; PERMIT REQUIRED; SERVICING BY LICENSED REFUSE CONTRACTOR.

17-10.1 Application for Permit to Maintain Outdoor Dumpster.

Every application for a permit to maintain an outdoor dumpster at a said location must be accompanied by evi- dence that a licensed refuse contractor servicing the fa- cility will provide periodic pickup and removal of the refuse and cleaning and treatment against rodent or in- sect infestation at intervals not exceeding one week. The applicant must also supply evidence that the immediate area where the dumpster is to be located is free of rodent and insect infestation. If the applicant fails to have the refuse picked up and removed, or to have the area and the dumpster itself cleaned and treated within the specified time, the permit shall be revoked.

(Ord. 1982, c. 38, s. 2).

17-10.2 Refuse Contractors Required to Be Licensed.

Each refuse contractor operating within the City of Boston shall be licensed annually by the Environmental Health Services Division of the Health and Hospitals De- partment.

(Ord. 1982, c. 38, s. 3).

17-10.3 Cleaning and Disinfecting of Storage Con- tainers; Violations; Penalty.

Each refuse contractor licensed by the City of Boston Health and Hospitals Department who stores refuse con- tainers within the City of Boston shall be required to clean and disinfect said containers before they are stored. Failure to do so shall be punishable by a fine of fifty ($50.00) dollars per container, per day. The lot, yard, or other area where containers are stored must be treated against rodent and insect infestation at intervals not ex- ceeding thirty (30) days.

(Ord. 1982, c. 38, s. 3A).

17-11 REFUSE DISPOSAL AND TREATMENT.

17-11.1 Essential Facilities Permitted to Be Operated or Established.

No person shall establish, maintain, operate or use any place within the City of Boston, nor shall any place within the City of Boston be operated, established or maintained for a refuse treatment or disposal facility, un- less such facility has been determined to be absolutely essential or necessary to protect the public health and as a result assigned by the Board of Health and Hospitals in accordance withM.G.L.,C. Ill, Section 1 50A , after a public hearing and the use and plans or design therefor have been approved by the Massachusetts Department of Environmental Quality Engineering. The process to de- termine the essential or necessary status of any and all site applications is defined in subsection 17-11.6. For the purposes of this section, the term "refuse treatment and disposal facility" shall include a sanitary landfill, a refuse composting plant, a dumping ground for refuse, a refuse transfer station, an incinerator with a grate area in excess often ( 10) square feet, a residual waste storage or treatment plant, a site for the storage of wastes generated at another lcoation, or any other works for treating, dis- posing, recycling, or recovering resources from refuse. "Refuse" shall mean all solid or liquid waste materials including garbage and rubbish, but not including sew- age.

(Ord. 1985, c. 10, s. 1).

17-11.2 Exclusion for System Servicing Only One Building.

The provisions of this section shall not apply to any on- site energy recovery waste disposal system which serves

only the building within which it is located. (Ord. 1985, C. 10, s. 2).

17-11.3 Regulations for New Refuse Transfer Sta- tions.

Every new refuse transfer station shall be a completely enclosed, covered structure and be located in an area zoned for industrial use.

(Ord. 1985, c. 10, s. 3).

17-11.4 Conditions for Assignment Imposed.

No person shall establish, maintain, operate or use an assigned facility other than in accordance with condi- tions of assignment imposed by the Board of Health and Hospitals and Massachusetts Department of Environ- mental Quality Engineering approved plans.

(Ord. 1985, c. 10, s. 4).

17-11.5 Application of Regulations.

Subsection 17-11.1 shall not apply to any assigned fa- cility which was assigned as of December 30, 1983 and has Department of Environmental Quality Engineering approved plans, provided, however, that any assigned facility that applies for a substantial modification, change or amendment in the original site assignment shall be subject to the provisions of this section.

(Ord. 1985, c. 10, s. 5.)

17-11.6 "Necessary and Essential" Designation Ob- tained from City Council.

Prior to any application for site assignment to the Health and Hospitals Department of the City of Boston under the provisions of M.G.L. C. Ill, Section 150A, the prospective applicant must obtain a "necessary and essential" designation from the City Council. These des- ignations may be obtained by the approval of a majority vote of the Council and the approval of the Mayor, pro- vided, however, that if the Mayor disapproves the desig- nation, the Council may approve the designation not- withstanding the disapproval of the Mayor by a two-thirds (2/3) vote of all the Councillors. Such votes for the approval of a designation shall be identical in for- mat to any ordinance. The prospective applicant shall petition the City Council, through the City Clerk, on forms approved by the Clerk, which shall include, but not be limited to, name, address, and telephone number of applicant, place of current business, proposed site, type of business to be allowed, size and structure of pro- posed facility, list of abutters and statement of petitioner as to the "necessary and essential" nature of the pro- posed facility. The attested results of the final vote of the City Council relative to the petition shall be forwarded by the City Clerk to the petitioner forthwith. Any peti- tioner aggrieved by any action of the City Council refus- ing to grant the necessary and essential designation, within seven (7) days after such action, may appeal therefrom to the Board of Health and Hospitals. The Board of Health and Hospitals through its Trustees or their designee shall review the petition within sixty (60) days and render a decision. The decision of the Board of Health and Hospitals shall be final.

(Ord. 1985, c. 10, s. 6).

17-11.7 Violations: Penalties

The owner and/or the operator of a facility in violation of this section shall be fined not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars per violation. Each entering loaded vehicle or loaded container of refuse delivered to the facility the refuse from which is processed or stored, either in a con- tainer or on the ground, at the facility shall constitute a separate violation. Each day of operation or maintenance shall constitute a separate violation.

(Ord. 1985, c. 10, s. 8).

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17-11.8. Violations; Penalty; Enforcement.

The user of a facility in violation of subsection 17-11.1 shall be fined not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars per viola- tion. Both the waste hauling company and the vehicle operator shall be considered users. Each loaded vehicle or loaded container of refuse delivered to the facility for processing or for storage, either in a container or on the ground, at the facility shall constitute a separate viola- tion.

The Board of Health and Hospitals, through its Com- missioner of Health and Hospitals shall have enforce- ment powers hereunder.

This section shall take effect upon passage, provided however, that any current license holder shall be exempt but that any current applicant or future applicant for a license shall be subject to the provisions of this section.

(Ord. 1985, c. 10, ss. 1-12).

Cross Reference: Ord. ss. 16-1.21.

The report was accepted; the ordinance in the new draft was passed.

REPORT ON ORDER FOR HEARING TO DETER- MINE STATUS OF POLICE DEPARTMENT CADET PROGRAM (DOCKET NO. 0163)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0163, order for hearing to de- termine the status of Police Department Cadet Program (referred December 5 , 1 990) recommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON COMMUNICATION FROM DIVISION OF PUBLIC EMPLOYEE RETIREMENT AD- MINISTRATION RE APPROPRIATION FOR FY92 (DOCKET NO. 0164)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0164, communication from the Division of Public Employee Retirement Administration re appropriation for FY92 (referred December 19, 1990) recommending the communication be placed on file.

The report was accepted; the communication was placed on file.

REPORT ON ORDER FOR HEARING TO HEARING TO REVIEW ADMINISTRATION'S STRATEGY AND PLANNING RE LAYOFFS, UNPAID FUR- LOUGHS, TERMINATION INCENTIVES AND OTHER COST-SAVING MEASURES (DOCKET NO. 0251)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0251, order for hearing to re- view the administration's strategy and planning re lay- offs, unpaid furloughs, termination incentives, and other cost-saving measures (referred January 30) recommend- ing the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER FOR HEARING ON IMPACT OF WELD-CELLUCCI EMERGENCY PLAN FOR FISCAL RECOVERY ON CITY'S FY92 BUDGET (DOCKET NO. 0327)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0327, order for hearing on im- pact of Weld-Cellucci Emergency Plan for fiscal recov- ery on City's FY92 budget (referred February 13) rec- ommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON COMMUNICATION TRANSMITTING COPY OF REBUILDING BOSTON: A FIVE YEAR CAPITAL PLAN FOR FISCAL YEARS 1991-1995 (DOCKET NO. 0349)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0349, communication transmit- ting copy of Rebuilding Boston: a Five Year Capital Plan for Fiscal Years 1991-1995 (referred February 27) rec- ommending the communication be placed on file.

The report was accepted; the communication was placed on file.

REPORT ON ORDER FOR HEARING TO REVIEW STATUS OF FY91 BUDGET (DOCKET NO.

0357)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0357, order for hearing to re- view status of FY91 budget (referred February 27) rec- ommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER FOR HEARING TO EXAMINE IMPACT OF PROPOSED CUTS AFFECTING YOUTH OF BOSTON (DOCKET NO. 0380)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0380, order for hearing to ex- amine impact of proposed cuts affecting youth of Boston (referred February 27) recommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER FOR HEARING TO DISCUSS POSSIBILITY OF TRANSFERRING SUM OF $5,000,000 FROM TRAFFIC AND PARKING DEPARTMENT TO HEALTH AND HOSPITALS DEPARTMENT FOR PURPOSE OF KEEPING LONG ISLAND HOSPITAL OPEN (DOCKET NO. 0503)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 0503, order for hearing to dis- cuss the possibility of transferring the sum of $5,000,000 from Traffic and Parking Department to Health and Hos-

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pitals Department for the purpose of keeping Long Island Hospital open (referred April 3) recommending the or- der be placed on file.

The report was accepted; the order was placed on file.

tinued occupancy, ceiling rents, exclusions from in- come, and transfers for the Boston Housing Authority.

On August 14, 1991, the matter was postponed to a date certain, to wit, August 21 , 1991 .

The matter was before the body.

Coun. BYRNE moved passage of the order.

The order was passed.

ORDER FOR CONFIRMATION OF APPOINTMENT OF CONSTABLES (DOCKET NO. 0688)

Coun. McLAUGHLIN called Docket No. 0688 from the Committee on Government Operations under Rule 20. Having been in Committee more than 42 days, the matter was before the body .

Coun. McLAUGHLIN moved passage of the order. the order was passed.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1092)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, August 21, 1991 the following-named person be, and hereby is, appointed to the position set against her name until Wednesday, November 20, 1991:

Carol O'Connor, secretary, $240.00 per week, full time 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1093)

Coun. IANNELLA, offered the following:

Ordered, That effective Wednesday, September 11, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, December 11, 1991:

Ann Marie Gerzofsky, secretary, $10.00 per hour, part time, 10 hours, per week.

Passed under suspension of the rules.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that four late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The four matters were added to the Agenda.

COMMITTEE ON WAYS AND MEANS TO HOLD HEARING TO DETERMINE WHY REVISED FY 92 BUDGET HAS NOT BEEN SUBMITTED (DOCKET NO. 1098)

Coun. MENINO offered the following:

Whereas, The Mayor, in a transmittal letter accompa- nying the resubmission of the FY92 budget, assured the City Council that he would submit his recommendations for necessary adjustments within two weeks of receipt of Boston's cherry sheet should revisions become neces- sary, and

Whereas, The cherry sheet was received four weeks ago, on July 23rd, and will require that the Administra- tion make adjustments of over $14M, and

Whereas, The Mayor has failed to keep his commit- ment to submit his recommendation for adjustments, and

Whereas, The longer the delay in addressing the budget imbalance, the more difficult it will be to make departmental cuts, now therefore be it

Ordered, That the Committee on Ways and Means hold a hearing to determine why a revised FY92 budget, reflecting the decreases in local aid, has not been submit- ted to the Council and that the Mayor, the Director of Administrative Services and the Director of the Office of Budget and Program Evaluation be invited to attend.

Referred to the Committee on Ways and Means.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1094)

Coun. IANNELLA, offered the following:

Ordered, That effective Wednesday, September 4, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday , December 4 , 1 99 1 :

Kathy Schulman, secretary, $229.88 per week, part time 18 hours.

Passed under suspension of the rules.

ORDER FOR PETITION FOR SPECIAL LAW RE: AN ACT CONCERNING THE POWER OF THE CITY OF BOSTON TO ESTABLISH POLICIES ON CONTINUED OCCUPANCY, CEILING RENTS, EXCLUSIONS FROM INCOME, AND TRANSFERS FOR THE BOSTON HOUSING AUTHORITY (DOCKET NO. 0140)

Coun. BYRNE called from the table Docket No. 0140, order for petition for special law re: an act concerning the power of the City of Boston to establish policies on con-

COMMISSIONER RICHARD DIMINO TO APPEAR BEFORE COMMITTEE ON COMMERCE AND TRANSPORTATION TO EXPLAIN WHY HE IG- NORED COUNCIL ORDER IN CASTING HIS VOTE BEFORE MBTA ADVISORY BOARD IN FAVOR OF FARE INCREASE (DOCKET NO. 1097)

Couns. SCONDRAS, O'NEIL AND TRAVAGLINI offered the following:

Whereas, Boston Transportation Department Com- missioner Richard Dimino, as Boston's representative to the MBTA Advisory Board, cast his MBTA Advisory Board vote in favor of the MBTA fare increase; and

Whereas, The Boston City Council unanimously passed an Order requiring that Boston's representative to the MBTA Advisory Board vote against the proposed fare increase;

Whereas, The issue of the MBTA fare increase pro- posal is currently before the Superior Court of the Com- monwealth of Massachusetts with a hearing scheduled for Friday, August 23, 1991 ; Now Therefore Be It

Ordered, That Commissioner Richard Dimino be summoned to appear before the Boston City Council Committee on Commerce and Transportation to explain why he ignored an Order of the Council by casting his

AUGUST 21, 1991

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vote on the MBTA Advisory Board in favor of the fare increase.

Referred to the Committee on Commerce and Transportation.

RESOLUTION CALLING ON GOVERNOR AND ATTORNEY GENERAL TO RIGHT THE WRONG DONE TO EDMUND NARINE, IN- JURED IN EXPLOSION AT COURTHOUSE (DOCKET NO. 1099)

Coun. SCONDRAS offered the following:

Whereas, Edmund Narine was injured on April 22, 1976, when a bomb exploded in the Suffolk County Courthouse; and

Whereas, Employees and judges were notified that a bomb threat had been received, yet the public was not told; and

Whereas, As a result of not being informed about the threat and consequently not being evacuated from the building, Mr. Narine experienced grave injuries when the bomb exploded, including the loss of his left leg and left elbow joint; and

Whereas, A jury awarded Mr. Narine 1 .5 million dol- lars; and

Whereas, The City of Boston appealed the decision and it was overturned by the Supreme Judicial Court on a narrow technicality; and

Whereas, Mr. Narine has obtained a Bachelor's de- gree and a Master of Arts in spite of his extensive inju- ries, enabling him to obtain a responsible job; and

Whereas, Mr. Narine's primary interest is in having the state and city acknowledge that an injustice exists and is not primarily concerned with the amount of repara- tions; and

Whereas, Those responsible for Mr. Narine's injuries should acknowledge the injustice; Now Therefore Be It

Resolved, That the Boston City Council, in meeting assembled, hereby calls upon the Governor and Attorney General of the Commonwealth of Massachusetts to take appropriate action to see that the wrong Mr. Narine has experienced is remedied; And Be It Further

Resolved, That this Resolution be transmitted by the City Clerk to Governor Weld and to Attorney General Scott Harshbarger.

The resolution was adopted under suspension of the rules.

RESOLUTION URGING ELECTION COMMISSION TO APPROVE AND ORGANIZE DOOR-TO- DOOR VOTER REGISTRATIONS (DOCKET NO. 1100)

Coun. BOLLING offered the following:

Whereas, Registering new voters is essential to main- taining a thriving participatory political process; and

Whereas, Door-to-door voter registration is an effec- tive technique for increasing participation in the demo- cratic process; and

Whereas, Massachusetts General Law Ch. 51, ss. 42, 44 requires registration before, and in the presence of, "a registrar or assistant registrar' ' , meaning a single reg- istrar may conduct a voter registration session; and

Whereas, It is within the discretion of local election commissions to approve door-to-door voter registration sessions in their respective jurisdictions; therefore be it

Resolved, That the Boston City Council, in meeting assembled, urges the Boston Election Commission to ap-

prove and help initiate and organize door-to-door voter registration sessions in the City of Boston; and be it fur- ther

Ordered, That the City Clerk forward copies of this resolution to the Chairperson and members of the Boston Election Commission.

Coun. BYRNE moved that the resolution be referred to the Committee on Government Operations.

Coun. KELLY moved the previous question.

The motion was carried.

The resolution was not referred to the Committee on Government Operations (7 votes being necessary to do so):

Yeas — Councillors Byrne, Hennigan Casey, Ian- nella, Kelly - 4.

Nays — Councillors Boiling, McLaughlin, Menino, Salerno, Scondras, Travaglini, Yancey — 7.

Coun. BOLLING moved adoption of the resolution under suspension of the rules.

On motion of Coun. IANNELLA the question first came on suspension of the rules.

The rules were not suspended.

The matter was referred to the Committee on Gov- ernment Operations.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name.

Councillor Iannella, for all the Councillors: Robert Hannan (Docket No. 1095).

Councillor O' Neil: Thomas Joseph McMullin (Docket No. 1096).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Iannella: Memorializing Public Improve- ment Commission to dedicate plaza on Adams Street op- posite Washington Street as "Norton Family Plaza" (Docket No. 1 101); requesting Mayor develop program to collect fallen wood from Hurricane Bob and convert it to chips to be made available to City residents at no charge (Docket No. 1 102).

Councillor Yancey: Dr. William E. Alberts (Docket No. 1103); Africa, Inc. (Docket No. 1104).

Councillor Salerno: Delegation from the Marlboro- Johana Sister City Exchange Program (Docket No. 1105).

The matters contained within the Consent Agenda were severally adopted.

NEXT MEETING

Coun. HENNIGAN CASEY moved that when the Council adjourn today it be to meet again on Wednesday, September 1 1 , 1991 , at 1 p.m.

The motion was carried.

Adjourned at 3:55 p.m. , on motion of Councillor Hen- nigan Casey, to meet on Wednesday, September 11, 1991, at lp.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, September 11, 1991 . Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 2 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend Daniel Hegarty, St. Anthony's Parish, All- ston, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor SA- LERNO who, for all the Councillors, presented to three Co-Chairs of the Boston Tradeswomen's Network — Su- san Eisenberg, electrician, a member of IBEW Local 103; Joyce Harper, a self-employed plumber, of ReJoyce Plumbing; and Gay arm Wilkenson, an ironworker, of the Ironworkers Union, Local 7 — the commendation of the Council for their strong and innovative work in acquaint- ing the public with the excellent work done by women in trades usually thought of as being just for men. The women thanked the Council for their recognition and asked for their support in the future.

DISAPPROVING ORDINANCE AMENDING CBC, ORDINANCES, CHAPTER 16, (DOCKET NO.

0129)

The following was received:

City of Boston Office of the Mayor

September 9, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an ordinance passed by your Honorable Body on August 21, 1991, Docket Number 0129, which would amend numerous sections of the City of Boston Code, Ordinances.

My reason for disapproval is that the ordinance is overly broad and is legally problematic. The ordinance attempts to repeal, update or recodify certain provisions of the City of Boston Code to reflect present day realities. I agree with the Council that amending the Code is im- portant and appropriate from time to time.

However, the ordinance goes beyond such routine up- dating and makes substantive changes as well. For exam- ple, the ordinance would grant the Boston Police Depart- ment the authority to terminate car alarms after five minutes "by whatever means least harmful to the vehicle or to tow the vehicle to an area least injurious to the public peace and quiet."

When a subject raises constitutional due process con- cerns, which such a seizure of property does, it is more properly presented as a separate piece of legislation. In addition, as a technical matter, recodification should be done, if at all, in a way that is less confusing than is done in the ordinance.

Although I am disapproving the ordinance, I agree with the Council's intent to update and clarify the Code. Therefore, I would approve a properly revised version of this ordinance should one be presented to me in the fu- ture.

Very truly yours,

Raymond L. Flynn, Mayor of Boston.

(Annexed hereto is the documentation referred to.)

Assigned for further action.

DISAPPROVING ORDINANCE REMOVING TRADE AND OTHER RESTRICTIONS BETWEEN THE CITY AND NAMIBIA (DOCKET NO. 0876)

The following was received:

City of Boston Office of the Mayor

September 3, 1991. To the City Council. Dear Councillors:

I return herewith without my signature and disap- proved an ordinance passed by your Honorable Body, August 14, 1991, Docket Number 0876, which would remove restrictions imposed by ordinance between the City and Namibia.

My reason for disapproval is that because of a small but significant omission, the ordinance would create confu- sion and would be difficult to administer. Specifically, the Council's ordinance removes all reference to Namibia in the pertinent ordinances except for one. I have re- moved that final reference in the ordinance which I am filing simultaneously with this message.

I regret that I am compelled to disapprove the Council's ordinance, but I urge the Council to pass the newly sub- mitted ordinance. Its passage will accomplish the goals and intent expressed by Councillor Yancey and the Coun- cil, with which I am in accord.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Assigned for further action.

ORDINANCE REMOVING RESTRICTIONS ON THE NATION OF NAMIBIA FROM ORDINANCES APPLYING TO TRANSACTIONS INVOLVING SOUTH AFRICA (DOCKET NO. 1 106)

The following was received:

City of Boston Office of the Mayor

September 3, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an ordinance to amend City of Boston Code, Ordinances S6-3. 7 and S4-3 regarding restrictions imposed by ordinance between the City and Namibia. This ordinance is necessary to accom- plish the goals and intent of the ordinance passed by your Honorable Body August 14, 1991, Docket No. 0876. I urge your Honorable Body to pass this ordinance. Very truly yours,

Raymond L. Flynn, Mayor of Boston.

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City of Boston

In the Year Nineteen Hundred and Ninety-one

An Ordinance

Removing Restrictions on the Nation

of Namibia from Ordinances

Applying to Transactions

involving South Africa.

Be it ordained by the City Council of Boston, as follows:

Section 1. Ordinance Chapter 19 of 1984, codified as

CBC Ordinances 6-3.7, is amended by striking the

phrase "or Namibia", the phrase "or to Namibia", and

the phrase "and Namibia", wherever they appear in the

title or text.

Section 2. Ordinance Chapter 18, of 1986, codified as CBC Ordinances 4-3, is amended by striking the words: "or Namibia" at the end of the second paragraph.

Section 3. This ordinance shall take effect upon its pas- sage. Assigned for further action.

Coun. YANCEY moved reconsideration of the forego- ing assignment; reconsideration prevailed.

Referred to the Special Committee on Intergovern- mental Relations.

Section 6. Section 6 of said chapter 490 is hereby amended by striking out in the second sentence the fol- lowing words: and Namibia related.

Section 7. This act shall take effect upon its passage.

Referred to the Special Committee on Intergovern- mental Relations.

ORDER FOR PETITION FOR SPECIAL LAW RE- MOVING PROHIBITIONS REGARDING TRANSACTIONS BETWEEN THE CITY AND NAMIBIA (DOCKET NO. 1 107)

The following was received:

City of Boston Office of the Mayor

September 3, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule peti- tion regarding Namibia. Your Honorable Body passed a petition regarding Namibia August 14, 1991, Docket No. 0844, which I am advised is legally and technically flawed. The petition which I transmit to you today ac- complishes the intent of your earlier petition. I urge your Honorable Body to pass this petition. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Section 1 . Section 1 of chapter 490 of the Acts of 1984 is hereby amended by striking out in the first sentence wherever they appear the following words: or Namibia.

Section 2. Said section 1 of said chapter 490 is hereby further amended by striking out in the first sentence the following words: or to Namibia.

Section 3. Section 2 of said chapter 490 is hereby amended by striking out in the first sentence wherever they appear the following works: or Namibia.

Section 4. Section 3 of said chapter 490 is hereby amended by striking out in the first sentence wherever they appear the following words: or Namibia.

Section 5 . Said section 3 of said chapter 490 is hereby further amended by striking out in the first sentence the following words: or to Namibia.

APPROPRIATION OF $202,563.16 FOR EASTERN REGIONAL LIBRARY (DOCKET NO. 1108)

The following was received:

City of Boston Office of the Mayor

September 11, 1991. To the City Council. Dear Councillors:

I transmit for your approval an appropriation order in the amount of $202,563. 16 for the Eastern Regional Li- brary from funds currently held by the Collector- Treasurer.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor, City of Boston.

Ordered, That from State funds received by the City under Chapter 78, sl9 of the Massachusetts General Laws and held by the Collector-Treasurer, the sum of two hundred two thousand five hundred sixty-three dollars and sixteen cents ($202,563. 16) be, and hereby is appro- priated to the Board of Trustees in charge of the Library Department for the purposes of the Eastern Regional Li- brary.

031-1 10-1012 Eastern Regional Public Library $202,563.16

On motion of Coun. MENINO, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINTMENT OF FRANK HOLBROOK AS CONSTABLE (DOCKET NO. 1109)

The following was received:

City of Boston Office of the Mayor

September 11, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the person named on the enclosed order as Constable of the City of Boston, authorized to serve civil process upon filing of bond, for the period com- mencing May 1 , 1991 and ending April 30, 1992. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the appointment of the following named person as Constable of the City of Boston for the period commencing May 1 , 199 1 and ending April 30, 1992 be, and hereby is confirmed.

Frank Holbrook, 15 Maxfield Street, West Roxbury.

Passed under suspension of the rules.

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231

ORDER FOR CONFIRMATION OF APPOINTMENT OF KEITH S. HERSHENSON AS CONSTABLE (DOCKET NO. 1110)

The following was received:

City of Boston Office of the Mayor

September 11, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the person named on the enclosed order as Constable of the City of Boston, authorized to serve civil process upon filing of bond, for the period com- mencing May 1, 1991 and ending April 30, 1992. Sincerely,

Raymond L. Flynn, Mayor of Boston.

CRIME STATISTICS FOR PERIOD AUGUST 17, 1991 THROUGH AUGUST 23, 1991 (DOCKET NO. 1113)

The following was received:

City of Boston Office of the Mayor

September 10, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing August 17, 1991 and ending August 23, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

Ordered, That the appointment of the following named person as Constable of the City of Boston for the period commencing May 1 , 1991 and ending April 30, 1992 be, and hereby is confirmed.

Keith S. Hershenson, 25 Shaw Street, West Roxbury.

Passed under suspension of the rules.

CRIME STATISTICS FOR PERIOD AUGUST 3, 1991 THROUGH AUGUST 9, 1991 (DOCKET NO. 1111)

The following was received:

City of Boston Office of the Mayor

September 10, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing August 3, 1991 and ending August 9,1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD AUGUST 10, 1991 THROUGH AUGUST 16, 1991 (DOCKET NO. 1112)

The following was received:

City of Boston Office of the Mayor

September 10, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing August 10, 1991 and ending August

Sincerely,

Raymond L. Flynn, Mayor of Boston . (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD AUGUST 24, 1991 THROUGH AUGUST 30, 1991 (DOCKET NO. 1114)

The following was received:

City of Boston Office of the Mayor

September 10, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing August 24, 1991 and ending August 30, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

ORDER FOR PETITION FOR SPECIAL LAW TO AMEND CITY CHARTER TO ALLOW FILLING OF VACANCIES IN OFFICE FOR CITY COUN- CIL (DOCKET NO. 0670)

Coun. MENINO called Docket No. 0670 from the Committee on Government Operations.

Having been in Committee for more than 42 days, the matter was before the body.

Coun. MENINO moved that the order be passed.

The order was passed under suspension of the rules.

COMMUNICATION TRANSMITTING BRA FILING RE 121 A PROJECT (DOCKET NO. 1 1 15)

Communication was received from the City Clerk of the filing by the Boston Redevelopment Authority of the filing of the "Executed Termination Certificate which is being made to trigger the termination of the application of Chapter 121 A to the redevelopment portion of the Pru- dential Center".

Referred to the Committee on Planning and Devel- opment.

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COMMUNICATION TRANSMITTING BRA FILING RE 6A CONTRACT AMENDMENT (DOCKET NO. 1116)

Communication was received from the City Clerk of the filing by the Boston Redevelopment Authority of the filing of the "6A Contract Amendment between the Pru- dential Insurance Company and the City. Also an exe- cuted Memorandum of Understanding among Pruden- tial, Collector-Treasurer, and the Commissioner of Assessing".

Referred to the Committee on Planning and Devel- opment.

NOTICE FROM CITY CLERK (DOCKET NO. 1117)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1 979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of August 7, 1991 .

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 1118)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of August 14, 1991 .

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 1119)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of August 21, 199 1 .

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1120)

Notice was received from the Mayor of the appoint- ment of Virginia Tisei as a member of the Rent Equity Board for a term expiring on January 6, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1121)

Notice was received from the Mayor of the appoint- ment of Kristen McCormack as a member of the Arts and Humanities Advisory Commission for a term expiring on April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1122)

Notice was received from the Mayor of the appoint- ment of Dr. Doris Chu as a member of the Arts and Hu- manities Advisory Commission for a term expiring on April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1123)

Notice was received from the Mayor of the appoint- ment of Margaret Ings as a member of the Arts and Hu- manities Advisory Commission for a term expiring on April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1124)

Notice was received from the Mayor of the appoint- ment of Vera Gold as a member of the Arts and Humani- ties Advisory Commission for a term expiring on April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1125)

Notice was received from the Mayor of the appoint- ment of John Favorito as a member of the Arts and Hu- manities Advisory Commission for a term expiring on April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1126)

Notice was received from the Mayor of the appoint- ment of William P. Williamson as a member of the Arts and Humanities Advisory Commission for a term expir- ing on April 30, 1992.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1127)

Notice was received from the Mayor of the appoint- ment of Edward Williams as a member of the Arts and Humanities Advisory Commission for a term expiring on April 30, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1128)

Notice was received from the Mayor of the appoint- ment of Rafael Jaimes as a member of the Arts and Hu- manities Advisory Commission for a term expiring on April 30, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1129)

Notice was received from the Mayor of the appoint- ment of Jose Mateo as a member of the Arts and Humani- ties Advisory Commission for a term expiring on April 30, 1993.

Placed on file.

SEPTEMBER 11, 1991

233

APPOINTMENT BY THE MAYOR (DOCKET NO. 1130)

Notice was received from the Mayor of the reappoint- ment of Charles Doyle as a member of the Arts and Hu- manities Advisory Commission for a term expiring on April 30, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1131)

Notice was received from the Mayor of the reappoint- ment of Michael Wasserman as a member of the Arts and Humanities Advisory Commission for a term expiring on April 30, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1132)

Notice was received from the Mayor of the reappoint- ment of Gloria Payne as a member of the Arts and Hu- manities Advisory Commission for a term expiring on April 30, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1133)

Notice was received from the Mayor of the reappoint- ment of Lawrence Murray as a member of the Arts and Humanities Advisory Commission for a term expiring on April 30, 1993.

Placed on file.

COMMUNICATION FROM HYDRO ENVIRON- MENTAL TECHNOLOGIES, INC. (DOCKET NO. 1134)

Communication was received from Hydro Environ- mental Technologies, Inc. re: granting of a Waiver of Ap- proval Requirements for DEO Site #3-0699, Mobil Serv- ice Station #01-JEE, 841 Massachusetts Avenue.

Placed on file.

QUARTERLY MANAGEMENT REPORT FROM BOSTON HOUSING AUTHORITY (DOCKET NO. 1135)

The Quarterly Management Report for June 1991 , was received from the Boston Housing Authority. Referred to the Committee on Housing.

ABSENCE OF THE MAYOR (DOCKET NO. 1137)

Notice was received by the City Clerk from the Mayor of his absence from the City from August 3 1 , to Septem- ber 1, 1991.

Placed on file.

COMMUNICATION FROM OFFICE OF ATTORNEY GENERAL RE RESOLUTION REGARDING EDMUND NARINE (DOCKET NO. 1138)

Communication was received by the City Clerk from the Office of the Attorney General re: resolution regard- ing Edmund Narine, passed by the City Council August 21, 1991 (Docket No. 1099).

Placed on file.

APPROVAL OF CONSTABLE'S BONDS (DOCKET NO. 1139)

The Constable's Bonds of 48 persons, having been duly approved by the Collector-Treasurer, were received and approved.

REPORT ON ORDER FOR CONFIRMATION OF RE- APPOINTMENT OF LAWRENCE DiCARA AS MEMBER OF THE AUDIT COMMITTEE (DOCKET NO. 0926)

Coun. BOLLING, on behalf of the Committee on Post Audit and Oversight, submitted the following:

Report on Docket No. 0926, message of the Mayor and order for confirmation of the reappointment of Lawrence DiCara as a member of the Audit Committee (referred June 28) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER FOR CONFIRMATION OF AP- POINTMENT OF ERIC LIRJANO AS MEMBER OF THE AUDIT COMMITTEE (DOCKET NO. 0927)

Coun. BOLLING, on behalf of the Committee on Post Audit and Oversight, submitted the following:

Report on Docket No. 0927, message of the Mayor and order for confirmation of the appointment of Eric E. Li- riano as a member of the Audit Committee (referred June 28) recommending passage of the order.

The report was accepted; the order was passed.

COMMUNICATION FROM INSPECTIONAL SERV- ICES DEPARTMENT RE CERTAIN STRUC- TURES IN SOUTH BOSTON (DOCKET NO.

1136)

Communication was received by the City Clerk from the Inspectional Services Department regarding resolu- tion requesting action to raze structures at 264-270 East Eighth Street and 24-26 Knowlton Street, South Boston, passed by the City Council August 7, 1991 (Docket No. 1042).

Placed on file.

REPORT ON ORDER FOR CONFIRMATION OF AP- POINTMENT OF ELLEN PARKER AS MEMBER OF THE AUDIT COMMITTEE (DOCKET NO. 0928)

Coun. BOLLING, on behalf of the Committee on Post Audit and Oversight, submitted the following:

Report on Docket No. 0928, message of the Mayor and order for confirmation of the appointment of Ellen Parker as a member of the Audit Committee (referred June 28) recommending passage of the order.

The report was accepted; the order was passed.

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REPORT ON ORDER FOR CONFIRMATION OF AP- POINTMENT OF ROY NEBLETT AS MEMBER OF THE AUDIT COMMITTEE (DOCKET NO. 0929)

Coun. BOLLING, on behalf of the Committee on Post Audit and Oversight, submitted the following:

Report on Docket No. 0929, message of the Mayor and order for confirmation of the appointment of Roy Neblett as a member of the Audit Committee (referred June 28) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER FOR CONFIRMATION OF AP- POINTMENT OF JOHN JENNINGS AS MEM- BER OF THE AUDIT COMMITTEE (DOCKET NO. 0930)

Coun. BOLLING, on behalf of the Committee on Post Audit and Oversight, submitted the following:

Report on Docket No. 0930, message of the Mayor and order for confirmation of the appointment of John Jen- nings as a member of the Audit Committee (referred June 28) recommending passage of the order.

The report was accepted; the order was passed.

RESOLUTION REQUESTING TRANSPORTATION DEPARTMENT INSTALL BARRELS FOR PE- DESTRIAN SAFETY IN APPROPRIATE INTER- SECTIONS AND STREETS (DOCKET NO. 1 140)

Coun. McLAUGHLIN offered the following:

Whereas, There are hazards for pedestrians associated with crossing streets and roadways in Boston often due to the driving of some motorists and the heavy volume of motor vehicles; and

Whereas, These dangers are especially prevalent in dense, congested areas; and

Whereas, Residents have requested the barrels as a means of improving pedestrian safety while crossing streets; and

Whereas, Other communities have installed these bar- rels; therefore, be it

Resolved, That the Transportation Department of the City of Boston install barrels for pedestrian safety in ap- propriate intersections and streets.

The resolution was adopted under suspension of the rules.

ORDINANCE REQUIRING JOB IMPACT STATEMENTS (DOCKET NO. 1141)

Couns. BYRNE, KELLY, IANNELLA and O'NEIL offered the following:

City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance Requiring Job Impact Statements Be it ordained by the City Council of Boston, in accord- ance with the provisions of Massachusetts General Laws Chapter 43B, Section 13, and any other appli- cable law, as follows: Whereas, The rate of unemployment in Massachusetts is currently over 9.4 percent and the rate of unemploy- ment in Boston has topped 9 percent; and

Whereas, According to a recent Boston Globe article, "in the past two years, 275,000 jobs have been lost and more than 700 companies have shut down or pared staff' in Massachusetts; and

Whereas, Boston has traditionally been the economic center for all of New England; and

Whereas, The City of Boston should make strong ef- forts to protect existing jobs and support companies vital to the Boston economy; and

Whereas, In these times of fiscal austerity, legislation should not be passed which further burdens the city budget; and

Whereas, The City Council should be able to assess, before the passage of the legislation, the impact it will have on the availability of jobs, the performance of com- panies in the city, and the fiscal impact on city finances; and

Whereas, Current state and federal legislation exists which mandates that companies file information regard- ing the impact their business will have on the environ- ment; and

Whereas, A similar model should be adopted in Boston to assess the effect a piece of legislation will have on the city's economy; Therefore Be It

Ordained: By the City Council of Boston, in accord- ance with the provisions of Massachusetts General Laws 43B , Section 1 3 , and any other applicable law as follows :

Section 1. To every order, ordinance and home rule petition presented to the Boston City Council for consid- eration, there shall be affixed, at the time of introduction to the Council, a Jobs Impact Statement to be organized in the manner described in Section Two of this ordinance.

Section 2. Every Jobs Impact Statement submitted pur- suant to this ordinance shall contain statements describ- ing the effect and extent the proposed legislation shall have on the labor force, businesses, corporations, non- profit agencies and governmental agencies, including, but not limited to, City departments, as follows:

A. Any adverse short-term and long-term employ- ment consequences including lay-offs, dimin- ished job opportunities or increased employment competition.

B . The estimated number of additional jobs required to administer the proposed legislation.

C. Any substantial projected loss of revenue to a business.

D. Any increase of duties and/or expansion of pro- grams, functions, or responsibilities to any busi- ness, corporation or agency.

E. Any substantial reduction of expenditures of money by reducing, transferring, or eliminating existing services.

F. The amount of appropriation of funds or expendi- ture of reserve funds necessary to fulfill the re- quirements of the proposed legislation.

Each economic impact statement shall identify the sources of information used in its preparation.

Section 3. The City Council, shall make available, forms free of charge, which describe the requirements of this ordinance to every person submitting legislation to the City Council.

Section 4. Each of the provisions, sections, and sub- sections of this ordinance are severable, and if any of its provisions, sections, or subsections shall be held uncon- stitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions, sections, or sub- sections.

Section 5. This ordinance shall take effect upon pas- sage.

Referred to the Committee on Government Opera- tions.

SEPTEMBER 11, 1991

235

ORDER THAT CITY COUNCIL PRESIDENT HAVE REGULAR MONTHLY MEETINGS OF CITY COUNCIL AND REPRESENTATIVES OF BUSI- NESS AND LABOR TO DISCUSS IDEAS AND WAYS TO CREATE, ASSIST, AND PROMOTE BUSINESS AND JOBS IN CITY (DOCKET NO. 1142)

Couns. BYRNE, HENNIGAN CASEY, IANNELLA, KELLY, McCORMACK, MENINO, O'NEIL, and TRAVAGLINI offered the following:

Whereas, The City of Boston is not only the capital city of Massachusetts but also the economic center for the New England region; and

Whereas, The economic downturn in our region has caused the loss of nearly 300,000 jobs in our state and the shut-down of hundreds of businesses, many of them within the City; and

Whereas, Creating and encouraging economic devel- opment and employment opportunities is necessary for a viable local commerce, neighborhood stability, the edu- cation of our youth, public safety and municipal fiscal security; and

Whereas, The economic vitality of Boston and its busi- nesses and workforce is essential to the short- and long- term quality of life and health and welfare of the citizens of this City, state and region; and

Whereas, The City of Boston and its various agencies, departments and bureaus, in conjunction with business and labor, must examine and seek all ways, means, meth- ods and opportunities by which it can assist, accommo- date, encourage, foster and create businesses and jobs in the City; Now, Therefore, Be It

Ordered, That the Committee on Planning and Devel- opment conduct a series of hearing to explore ways in which the City of Boston can assist, promote and encour- age business and development in the City and to examine various departmental policies and procedures, relative to permits, licenses, fees and public funding assistance; and that various representatives of Business and Labor, as well as the Boston Redevelopment Authority, Inspec- tional Services Department, Board of Appeal, Licensing Board, Economic Development and Industrial Corpora- tion, Public Facilities and Public Works attend; And, Be It Further

Ordered, That the President of the City Council plan and arrange regular monthly meetings of the City Coun- cil and representatives of Business and Labor so as to discuss ideas and ways to create, assist and promote busi- ness and jobs in the City of Boston.

Referred to the Committee on Planning and Devel- opment.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1 143)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 11, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, September 18, 1991:

Martha Bagley, secretary, $750.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1 144)

Coun. IANNELLA offered the following: Ordered, That effective Wednesday, September 4, 1991 the following named person be, and hereby is, ap-

pointed to the position set against her name until Wednes- day, September 11, 1991:

Kristine Luongo, secretary, $500.00 per week, part time, 25 hours per week.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1145)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 11, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, December 11, 199 1 :

Kristine Luongo, secretary, $250.00 per week, part time, 25 hours.

Passed under suspension of the rules.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that seven late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The seven matters were added to the Agenda to be indi- vidually considered.

CERTAIN INFORMATION UNDER SECTION 17F RE ELECTION COMMISSION (DOCKET NO. 1150)

Coun. BOLLING offered the following:

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

To the Boston Election Commission:

1 . Does the Election Commission maintain any listing of residents whose names have been omitted from the voter rolls?

2. Will the Election Commission make available at every polling place in the City, on both the September 24, 1 99 1 preliminary election day and the November 5 , 1 99 1 final election day, listings of residents of the respective precincts whose names have been omitted from the vot- ing roles?

3. Will the Election Commission provide the City Council with a list of residents — with street addresses, wards and precincts — whose names have been omitted from the voting rolls over the last four years?

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1151)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 4, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, December 4, 1991:

Shirley DeRoma, secretary, $600.00 per week, part time, 20 hours.

Passed under suspension of the rules.

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APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1152)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 18, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, December 18, 1991:

Shirley DeRoma, secretary, $300.00 per week, part time, 20 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1155)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 18, 1991 the following named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, December 18, 1991:

Eugene McCarthy, secretary, $230.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1153)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 4, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, December 4, 1991:

Audrey Fannon, secretary, $1,111.11 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1154)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 18, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, December 18, 1991:

Audrey Fannon, secretary, $555.55 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1155)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 4, 1991 the following named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, December 4, 1991:

Eugene McCarthy, secretary, $506.00 per week, full time, 35 hours.

Passed under suspension of the rules.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Boiling: Locksley Bryan (Docket No. 1146).

Councillor Travaglini: Tom Davis (Docket No. 1 147).

Councillor Kelly: South Boston Vietnam Memorial Committee (Docket No. 1 148).

Councillor McLaughlin: Brighton High School (Docket No. 1149).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Yancey: Locksley Bryan (Docket No. 1 157); John Canty (Docket No. 1 158); Declaring Octo- ber 19, 1991, as "Sister Clara Mohammed School Day" (Docket No. 1 159).

Councillors Yancey and Boiling: Dr. Lois Harrison- Jones (Docket No. 1160).

Councillor Salerno: Hispanic College Fair Scholar- ship Committee (Docket No. 1161); Ellen Wise (Docket No. 1162); Bellflower Housing Residents (Docket No. 1163).

Councillor McCormack: Charles G. Geourntas (Docket No. 1164).

Councillor Boiling: Maurice Starr (Docket No. 1165).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 2:55 p.m., on motion of Councillor Kelly, to meet on Wednesday, September 18, 1991, at 1:00p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, September 18, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend Charlotte Davis, pastor of the Brighton Ave- nue Baptist Church, Brighton, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

NEXT MEETING

Coun. IANNELLA moved that when the Council ad- journ today it be to meet again on Wednesday, October 2, 1991, at lp.m.

The motion was carried.

VISITORS TO CITY COUNCIL

President IANNELLA called the attention of the mem- bers of the Council to the fact that seated in the audience was the brother of Councillor YANCEY, Frederick H. Yancey, II. The members arose and applauded Mr. Yan- cey, who responded with his best wishes, from Detroit.

GRANT OF $204,074 FROM MASSACHUSETTS EXECUTIVE OFFICE OF ELDER AFFAIRS THROUGH ITS COUNCILS ON AGING FOR- MULA GRANT PROGRAM (DOCKET NO 1167)

The following was received:

City of Boston Office of the Mayor

September 9, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend on behalf of the City of Boston, two hundred four thousand seventy-five dollars ($204,075) from the Massachusetts Executive Office of Elder Affairs, through its Councils on Aging Formula Grant Program.

These funds will be used for the continued operation of the Commission's Health and Housing Units. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the Commissioner on Affairs of the El- derly, acting on behalf of the City of Boston be, and hereby is authorized to apply for grant funds in the amount of two hundred four thousand seventy-five dol- lars ($204,075) from the Massachusetts Executive Of- fice of Elder Affairs under the Councils on Aging For- mula Grant Program, for the continued operation of the Commission's Health and Housing Units, for the period January 27, 1992 through January 26, 1993; in connec- tion therewith, to execute and deliver such documents as may be required by the Commonwealth of Massachu- setts; to act as the authorized representative of the City of Boston in connection with said application; and, in ac- cordance with G.L. c. 44, sec. 53A, to accept and ex- pend such funds for the purpose which granted.

Referred to the Special Committee on the Elderly.

ORDER FOR CONFIRMATION OF APPOINTMENT OF FLETCHER H. WILEY (DOCKET NO. 1 166)

The following was received:

City of Boston Office of the Mayor

September 17, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order re- garding the reappointment of Fletcher H. Wiley of 29 Fort Avenue, Roxbury, as a member of the Economic Development and Industrial Corporation for a term ex- piring June 30, 1994. I am reappointing Mr. Wiley pur- suant to the authority vested in me by Section 3 of Chap- ter 1097 of the Acts of 1971 . I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the reappointment of Fletcher H. Wiley of 29 Fort Avenue, Roxbury, as a member of the Eco- nomic Development and Industrial Corporation for a term expiring June 30, 1994 be and hereby is confirmed.

Referred to the Committee on Planning and Devel- opment.

GRANT OF $327,905 FROM MASSACHUSETTS EXECUTIVE OFFICE OF ELDER AFFAIRS (DOCKET NO. 1168)

The following was received:

City of Boston Office of the Mayor

September 9, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend on behalf of the City of Boston, three hundred twenty-seven thousand nine hun- dred five dollars ($327,905) from the Massachusetts Ex- ecutive Office of Elder Affairs.

These funds are made available to the City by the United States Department of Health and Human Services under Title III of the Older Americans Act and will be used for the operation of the administrative and direct service components of the Area Agency on Aging. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn. Mayor.

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Ordered, That approval be, and hereby is given to the application for, acceptance of, and also, in accordance with Section 53 A of Chapter 44 of the General Laws, for the expenditure of three hundred twenty-seven thousand nine hundred five dollars ($327,905) for the period Octo- ber 1, 1991 through September 30, 1992, by the City of Boston, acting through its Commissioner on Affairs of the Elderly, for the operation of the Region VI Area Ag- ency on Aging. These funds are made available to the City by the United States Department of Health and Hu- man Services under Title HI of the Older Americans Act (42 U.S.C. 3001 et seq.) and are distributed in turn to the City by the Massachusetts Executive Office of Elder Af- fairs.

Referred to the Special Committee on the Elderly.

GRANT OF $132,405 FOR SENIOR COMPANION PROGRAM (DOCKET NO. 1 169)

The following was received:

City of Boston Office of the Mayor

September 9, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend on behalf of the City of Boston, one hundred thirty-two thousand four hundred five dollars ($132,405) for the operation of the Senior Companion Program in the City of Boston. Funds are made available to the City from ACTION, the federal volunteer agency, authorized under the Domestic Volun- teer Act of 1973 (42 U.S.C. 5013).

These funds will beused to pay salaries, stipends, meals, transportation and other services for 48 compan- ions who participate in this program. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the Commissioner on Affairs of the El- derly, acting on behalf of the City of Boston be, and hereby is authorized to apply for grant funds in the amount of one hundred thirty-two thousand four hundred five dollars ($132,405) under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5013) from ACTION, the federal volunteer agency, for the operation of a Senior Companion Program in the City of Boston, for the period of January 1, 1992 through December 31, 1992; in con- nection therewith, to execute and deliver such documents as may be required by the federal government; to act as the authorized representative of the City of Boston in con- nection with said application; and, in accordance with G.L. c. 44, sec. 53A, to accept and expend such funds for the purposes for which granted.

Referred to the Special Committee on the Elderly.

GRANT OF $73,119 FOR RETIRED SENIOR VOL- UNTEER PROGRAM (DOCKET NO. 1 170)

The following was received:

City of Boston Office of the Mayor

September 9, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap-

ply for, accept, and expend on behalf of the City of Boston, seventy-three thousand one hundred nineteen dollars ($73,119) for the Operation of the Retired Senior Volunteer Program in the City of Boston. These funds are made available to the City from ACTION, the federal volunteer agency, authorized under sub chapter n, Part A, of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001).

These funds will be used to pay salaries of staff operat- ing the program with 815 senior volunteers. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the Commissioner on Affairs of the El- derly, acting on behalf of the City of Boston be, and hereby is, authorized to apply for grant funds in the amount of seventy-three thousand one hundred nineteen dollars ($73 ,119) under sub chapter n, Part A of the Do- mestic Volunteer Service Act of 1973 (42 U.S.C. 5001) from ACTION, the federal volunteer agency, for the op- eration of a Retired Senior Volunteer Program in the City ofBoston, for the period of January 1, 1992 through De- cember 3 1 , 1992; in connection therewith, to execute and deliver such documents as may be required by the federal government; to act as the authorized representative of the City of Boston in connection with said application; and, in accordance with G.L. c. 44, sec. 53A, to accept and expend such funds for the purposes for which granted.

Referred to the Special Committee on the Elderly.

JITNEY APPLICATION

Petition was received from Louis A. Shuman d/b/a PAN, for license to operate motor vehicles for the car- riage of passengers for hire over certain streets in Boston .

Referred to the Committee on Commerce and Transportation.

APPOINTMENT BY THE MAYOR (DOCKET NO.

1172)

Notice was received by the City Clerk from the Mayor of the appointment of James Aloisi as a member of the Human Rights Commission for a term expiring March 21, 1994.

Placed on file.

NOTICE FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 1 173)

Notice was received from the Department of Public Fa- cilities of a hearing on October 23, 1991, re Tri-State Radio Company, Inc.

Placed on file.

APPROVAL OF CONSTABLES BONDS (DOCKET NO. 1 174)

The Constables Bonds of the following, having been duly approved by the Collector-Treasurer, were received and approved:

Ernest Abdalah

Gerald Bagley

John Barker

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239

Joseph A. Broderick Edward Brooks James Burke John Cammarata Deborah Capobianco Vincent Carbone Stephen A. Christofono Ross Cigna John G. Consolo Charles Crockett Alien A. Curry Pasquale DeFeo Richard Deraney James Dolliver James M. Fitzgerald Robert A. Genduso Joseph Hamelburg Kevin Hardiman Vincent Hayes Jerold Hershenson Henry Hickey Joel Hurwitz William Jones Christopher Kelley Frank Kravitsky James Lassiter Daniel Long Michael Lopes Frederick W. MacDonald Burton Malkofsky Donald Manozzi Robert McDonald Thomas McKenna David Melvin Robert J. Messina Harold O'Brien Edmond W. Reardon Robert Riley Louis Romano John Roscoe Charles Rudack John Schifone Robert Scopa Charles Sherer Arthur Smith Richard Sonego John V Sullivan Frank Sylvester Lawrence Thall Albert Tranquillino Elijah Wigon James Wigon

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND ADDITIONAL GRANT FUNDS OF $2,799 FOR OPERATION OF SENIOR VOLUNTEER PROGRAM (DOCKET NO. 0957)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 0957, message of the Mayor and order authorizing the Commissioner on Affairs of the El- derly to apply for, accept, and expend additional grant funds of $2,799 for operation of the Senior Volunteer Program (referred July 10) recommending passage of the order.

The report was accepted; the order was pased.

REPORT ON ORDER AUTHORIZING THE COM- MISSIONER OF AFFAIRS OF ELDERLY TO AP- PLY FOR, ACCEPT, AND EXPEND RENEWAL GRANT FUNDS OF $25,144 FOR OPERATION OF SENIOR COMPANION SUPPLEMENT PRO- GRAM (DOCKET NO. 0958)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 0958, order authorizing the Commissioner of Affairs of the Elderly to apply for, ac- cept, and expend renewal grant funds of $25, 144 for the operation of the Senior Companion Supplement Program (referred July 10) recommending passage of the order.

The report was accepted; the order was pased.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND RENEWAL GRANT FUNDS OF $9,140 FOR OPERATION OF RETIRED SENIOR VOLUNTEER SUPPLE- MENT PROGRAM (DOCKET NO. 0959)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 0959, message of the Mayor and order authorizing the Commissioner of Affairs of the El- derly to apply for, accept, and expend renewal grant funds of $9,140 for the operation of the Retired Senior Volunteer Supplement Program (referred July 10) rec- ommending passage of the order.

The report was accepted; the order was pased.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF THE ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND ADDI- TIONAL GRANT FUNDS OF $6,577 FOR OPER- ATION OF SENIOR COMPANION PROGRAM (DOCKET NO. 0956)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No . 0956, message of the Mayor and order authorizing the Commissioner of Affairs of the El- derly to apply for, accept, and expend additional grant funds of $6,577 for operation of the Senior Companion Program (referred July 10) recommending passage of the order.

The order was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND GRANT FUNDS OF $408,710 FOR OPERATION OF SENIOR "AIDES" PROGRAM (DOCKET NO. 0960)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 0960, message of the Mayor and order authorizing the Commissioner of Affairs of the El- derly to apply for, accept, and expend a grant of $408,710 for operation of the Senior AIDES Program (referred July 10) recommending passage of the order.

The order was accepted; the order was passed.

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REPORT ON ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND GRANT OF $200,000, CONSISTING OF $35,000 FROM MILTON EISENHOWER FOUNDATION AND $165,000 IN MATCHING FUNDS FROM BOSTON POLICE DEPARTMENT TO DEVELOP STABLE AND CONCRETE RELATIONSHIPS WITH NEIGH- BORHOODS TO COMBAT CRIME AND DRUG ABUSE AND SPECIFICALLY TARGET AT-RISK YOUTH (DOCKET NO. 1024)

Coun. KELLY, on behalf of the Special Committee on Substance Abuse, submitted the following:

Report on Docket No. 1024, message of the Mayor and order authorizing the City to accept and expend a grant of $200,000 consisting of $35,000 from the Milton Eisenhower Foundation and $165,000 in matching funds from the Boston Police Department to develop stable and concrete relationships with the neighborhoods to combat crime and drug abuse and specifically target at-risk youth (referred August 7) recommending passage of the order.

The order was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING CITY TO APPLY FOR, ACCEPT, AND EXPEND GRANT OF $27,250 FROM HUD TO SUPPORT BOSTON FAIR HOUSING COMMISSION'S ENFORCE- MENT CAPABILITY (DOCKET NO. 1025)

Coun. BYRNE, on behalf of the Committee on Hous- ing, submitted the following:

Report on Docket No . 1 025 , message of the Mayor and order authorizing the City to apply for, accept, and ex- pend a grant of $27,250 from the United States Depart- ment of Housing and Urban Development to support the Boston Fair Housing Commission's enforcement capa- bility (referred August 7) recommending passage of the order.

The order was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING CITY TO APPLY FOR, ACCEPT, AND EXPEND GRANT OF $325,000 FROM HUD TO ESTABLISH AND OPERATE METROPOLITAN BOSTON HOUS- ING OPPORTUNITY CLEARING HOUSE (DOCKET NO. 1026)

Coun. BYENE, on behalf of the Committee on Hous- ing, submitted the following:

Report on Docket No. 1026, message of the Mayor and order authorizing the City to apply for, accept, and ex- pend a grant of $325,000 from the United States Depart- ment of Housing and Urban Development to establish and operate a Metropolitan Boston Housing Opportunity Clearing House (referred August 7) recommending pas- sage of the order.

The report was accepted.

Coun. BYRNE moved the previous question; the mo- tion was carried.

The order was passed.

Coun. O'NEIL requested that he be recorded in the negative on the foregoing vote.

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 1100, resolution urging the Election Commission to approve and organize door-to- door voter registration (referred August 21) recommend- ing adoption of the resolution.

The order was accepted; the resolution was adopted, yeas 9, nays 3:

Yeas — Councillors Boiling, Hennigan Casey, Ian- nella, McLaughlin, Menino, Salerno, Scondras, Travaglini, Yancey — 9.

Nays — Councillors Byrne, Kelly, O'Neil — 3.

REPORT ON RESOLUTION URGING ELECTION COMMISSION TO APPROVE AND ORGANIZE DOOR-TO-DOOR VOTER REGISTRATION (DOCKET NO. 1100)

ORDER FOR PETITION FOR SPECIAL LAW RE MATERIALS RECOVERY FACILITY (DOCKET NO. 1175)

Coun. SALERNO offered the following: Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is , approved under Clause ( 1 ) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

BOSTON, CITY OF — MATERIALS RECOVERY FACILITY

AN ACT authorizing the City of Boston to contract for the recycling of solid waste and recyclable materials at a materials recovery facility and to lease land to the owner or owners of one or more materials recovery facilities for the performance of any such contract.

Be it enacted by the Senate and the House of Represent- atives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwitstanding the provisions of any general or special law to the contrary, but subject to the requirements of section five herein, and in addition to any other power conferred by law, the city of Boston may enter into a contract or contracts for the recycling of solid waste and recyclable materials at a facility or facilities constructed, financed, operated and owned by a private party or parties, and may lease to any such party, land owned or leased by said city upon which the facility or facilities are to be, or are constructed and operated.

SECTION 2. Any contract and lease hereunder shall contain such provisions as may be deemed necessary to protect the public interest, to provide for just and equita- ble rates and a fair but not excessive return to the facility operator and to provide for meeting the increased need for materials recovery capacity within the city of Boston. Each such contract or lease, as the case may be, shall include, but need not and shall not be limited to provi- sions for:

(a) the delivery of minimum amounts of recyclable ma- terials;

(b) the payment of performance of obligations by said city for the services provided by the materials recovery facility or facilities based upon the amount of recyclable materials delivered and to be processed, the allocation and sharing of revenues or income derived from the proc- essing of commercial recyclable materials and solid waste and the resale of recycled materials and products, or based upon unit prices or a formula agreed upon be- tween the parties.

(c) the continuation of minimum payments, as such are determined between the parties, in the event the service

SEPTEMBER 18, 1991

241

to be provided by a facility or facilities is interrupted, curtailed or abandoned due to circumstances which are beyond the control of the facility operator and which ren- der the operation of such facility or facilities physically or commercially impractible or legally impermissable;

(d) the imposition of supplementary charges or adjust- ments, as agreed by the parties, to the stated payment requirements which are directly related to increased costs or decreased revenues, incurred or projected to be in- curred by a facility or facilities as the result of changes in state or federal laws and regulations directly affecting the operations of such facility or facilities, except cost in- creses or revenue decreases resulting from changes in federal income tax laws and regulations. Any supple- mentary charges or adjustments shall be documented by a detailed statement accounting for the causes of the in- creases in costs or decreases or decreases in revenues, for which by the terms of the contract a supplementary charge or adjustments may be made and an accounting of the supplementary charges or charges being imposed and an evaluation of whether they are allowable under the contract and whether they have been correctly calcu- lated;

(e) limitations on the liability of said city in connection with the design, construction and operation of the facility or facilities;

(f) no assignment, mortgage, sublease, or transfer of the contract or lease except as may be required, with the approval of said city which approval shall not be unrea- sonably withheld, to the entities financing a facility or facilities and by such entities upon a default by the opera- tor of any such facility under the term of the financing thereof;

(g) no sale, mortgage, or transfer of any facility or any portion thereof, except to said city or as may be required, with the approval of said city which approval shall not be unreasonably withheld, to the entities financing the facil- ity and by such entities upon a default by the operator of the facility under the terms of the financing thereof;

(h) a term not to exceed twenty years from the date that the facility or facilities achieve commercial operations, as such term is defined in the contract, provided that the contract and lease shall terminate on the same date, and provided further that upon the termination of the contract and lease such private party shall have the option of either removing any such facility from the site or transferring such facility to said city, at no cost to said city, together with all drawings, designs, diagrams, manuals, specifi- cations, and other documents of information necessary to operate the facility or facilities.

SECTION 3. The contracts and leases authorized hereunder may be entered into by the appropriate officers of the city of Boston acting pursuant to general authoriza- tion of the city council and approval by its mayor.

SECTION 4. The obligations represented by payments by the city of Boston shall not be included in any determi- nation of the borrowing capacity of said city under any limitation of its indebtedness. The provisions of this sec- tion are applicable whether or not said city has issued debt obligations for solid waste disposal purposes.

SECTION 5. The contracts and leases authorized hereunder shall be for the development of a materials re- cycling facility or facilities and the provision of solid waste recycling services, in accordance with one or more Requests for Proposals to be prepared by the city of Boston in accordance with Chapter 30 B and only in so far as and so limited shall not be subject to, and shall be exempt from, the provisions of section four of chapter forty, section thirty-eight K of chapter seven, section thirty-nine M of chapter thirty and sections forty-four A to forty-four J, inclusive, of chapter one hundred forty- nine of the General Laws.

SECTION 6. Any private party with which the city of

Boston executes a contract and lease for a maaterials re- cycling facility or facilities shall annually, by March first, submit to the state ethics commission and the in- spector general a report listing each expenditure made during the previous calendar year by an official, em- ployee or representative of the party, including consult- ants or subcontractors providing services with respect to any such facility, of said city. An officer of said private party shall certify the report as complete and accurate under pains and penalties of perjury. The state ethics commission, upon finding that there has been a violation of the reporting requirement set forth in this section, may issure an order requiring the violator to pay a civil pen- alty of not more than one thousand dollars for each day of violation and may file a civil action in superior court to enforce such order. The private party and officials, em- ployees or representatives of the party, including consult- ants or subcontractors providing services with respect to a facility or facilities, shall not be required to submit the report required by this section to the state ethics commis- sion and the inspector general for any year after the year in which such contract and lease have expired.

SECTION 7. This act shall take effect upon its pas- sage.

Referred to the Special Committee on Waste Man- agement.

LATE-FILED MATTER

The Chair moved that the rules be suspended and that a late-filed matter in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The matter was added to the Agneda.

APPOINTMENT OF TEMPORARY EMPLOYEES (DOCKET NO. 1 184)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, September 18, 1991 the following-named persons be, and hereby are, appointed to the positions set against their names until Wednesday, December 18, 1991:

Brooke Woodson, secretary, $652.96, full time.

Kevin C. Peterson, administrative assistant, $482.76, full time.

Madeline Cahill, administrative assistant, $316.09, part time.

Julie McDonough, administrative assistant, $498.08, full time.

Maureen Feeney, secretary, $593.87, full time.

Claire Ordile, administrative assistant, $316.09, part time.

Mary Mulvey, administrative assistant, $613.02, full time.

Shirley De Roma, secretary, $250.00, part time.

Audrey Fannon, secretary, $383. 14, full time.

Eugene P. McCarthy, secretary, $506.00, part time.

Robert Kavin, administrative assistant, $632.18, full time.

Marguerite Malone, secretary, $478.93, full time.

Stephen R. Mullen, secretary, $438.90, full time.

Brian J. Fish, administrative assistant, $353.75, full time.

Daniel M. Desantis, secretary, $353.75, full time.

Annmarie Geary, secretary, $295.00, full time.

Carolyn Geary, administrative assistant, $718.58, full time.

Paul Walkowski, administrative assistant, $709.58, full time.

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Virginia Ferko, administrative assistant, $566.00, part time.

Jeanne Levesque, administrative assistant, $690.00, full time.

Andrea Long, secretary, $479.00, full time.

Margaret Gannon, administrative assistant, $643.90, full time.

Evelyn Riesenberg, secretary, $643.90, full time.

Martha Pierce, secretary, $287.36, part time.

James Wigon, secretary, $80.00, part time.

Elaine O'Connor, secretary, $629.22, full time.

Nancy Grilk, secretary, $521.33, full time.

Thomas Crowley, secretary, $597.91 , part time.

Helen Carson, secretary, $834.55, full time.

Margaret O'Leary, administrative assistant, $889.56, full time.

Gary Dotterman, secretary, $480.00, full time.

Shelagh Geoghegan, secretary, $480.00, full time.

Christopher Norris, secretary, $480.00, full time.

P. Dimitri Tymoczko, secretary, $287.91, part time.

Thomas Bagley, administrative assistant, $555.15, full time.

Charles Clabaugh, administrative asistant, $526.82, full time.

Josephine Dzygala, administrative assistant, $75.00, part time.

Anthony Marmo, secretary, $65.00, part time.

Kristine Luongo, secretary, $500.00, part time.

Anthoy Palomba, administrative assistant, $288.46, part time.

Catherine Fratianni, administrative assistant, $498.08, full time.

Jessica Mitchell, administrative assistant, $310.34, full time.

Maureen Piraino, administrative assistant, $387.93, part time.

Kathy Schulman, secretary, $229.86, part time.

Joyce Holland, secretary, $689.66, full time.

Richard Blackman, administrative assistant, $400.00, part time.

Kurt O. Sharpp, secretary, $525.00, full time.

Robert Davis, messenger clerk, $339.01 , full time.

Cheryl Morris, office manager, $534. 18, full time.

Bridget McMullen, receptionist, $509.28, full time.

Maureen Flynn, legislative assistant, $537.93 full time.

Kathleen Mullaney, legislative secretary, $402.30, full time.

John Erwin, legislative assistant, $537.93, full-time. Passed under suspension of the rules.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the followingnamed Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: Peter Glenn Colwell (Docket No. 1 176); Grace Foley (Docket No. 1 177).

Councillor Salerno: Mrs. Marie Hayes (Docket No. 1178); Mrs. Freddy Cabral (Docket No. 1179); David Dixon & Associates (Docket No. 1 180); Josephine Earle (Docket No. 1181); Al Couture (Docket No. 1182); Danny Wambolt (Docket No. 1 183).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Yancey: I. Mazie Ashford (Docket No. 1185); Eddie Jeter, Jr. (Docket No. 1186); Reverend Leon Howard Sullivan (Docket No. 1 187).

Councillor Travaglini: Jessie Burri (Docket No. 1 188); Carmela Mattera (Docket No. 1 189).

Councillors Kelly and O'Neil: Victor Wailly (Docket No. 1.190).

Councillor Iannella: Declaring September 20, 1991, ' ' POW-MIA Recognition Day ' ' (Docket No . 1 1 9 1 ) .

The matters contained within the Consent Agenda were severally adopted.

The members of the Council rose for a moment of si- lent tribute to Eddie Jeter, Jr.

Adjourned at 2:35 p.m., on motion of Councillor McLaughlin, in memory of Eddie Jeter, Jr., to meet on Wednesday, October 2, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CIIY OF BOSTON

PRINTING SECTION

CITY COUNCIL

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Proceedings of City Council

Wednesday, October 2, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair. Absent, Councillor Travaglini.

INVOCATION

Reverend Joseph Lahoud, Our Lady of The Cedars of Lebanon Church, Jamaica Plain, delivered the in- vocation, and the meeting was opened with the pledge of allegiance to the flag.

URGING DEPARTMENT OF TRANSPORTATION EVALUATE RECONSTRUCTION OF WASH- INGTON STREET (DOCKET No. 1206)

Couns. HENNIGAN CASEY and O'NEIL offered the following:

Whereas, The reconstruction of Washington Street, West Roxbury as observed by impacted area citizenry and others — tax payers, all — do hereby request through resolve, and;

Whereas, Portions of Federal-aided contract be re- evaluated for life, health and safety for impacted resi- dents of Stearns Road, Pinecliff Road, Kershaw Road and Cowing Street, and;

Whereas, Adjust those necessary matrix values, in- sofar as energy conservation, environmental impact, basic human services human engineering factors, and;

Whereas, Plan, plot and construct those vital me- dian cuts insofar as Stearns Road, Pinecliff Road, Kershaw Road and Cowing Street and to remove all physical barriers and fear which threaten those resi- dents, and;

Whereas, Request "stay of work" insofar as vital data, as may be confirmed by police, fire, ambula- tory, school and maintenance organs not previously included, and;

Whereas, Residents, previously informed by State D.PW. engineers that U-turns for certain locations were designated "illegal" while newly devised U- turns are "legal" in other locations having same mathematical restraints, and;

Whereas, Residents plead for fully depressed me- i dian cuts for safe vehicular maneuvering and travers- l ing snow and ice coated inclines and curves at pre- vious mentioned streets and same fully depressed median cuts are less likely to be snow hidden and re- quire no exotic snow cleaning techniques, and;

Whereas, Fully depressed median cuts are consist- ent with other full cuts that service other turn ori- ented streets, and;

Whereas, To define those terms and illustrate by those designs, the concept of safety as befits those actions related to: U-turn concepts by actual event; Left hand turns by actual events; Turning radii as per-regulatory guidelines for all types of vehicles as may be utilized by citizens, police, fire, ambulatory, school and maintenance vehicles and to question those individuals, in responsible project administra- tion, why safety is emphasized in narrow parameters of presumed intermittent vehicular terms relating only to transients, while completely ignored for those citi- zenry who permanently require life, health and safety response actitity, and who constantly service this road; and

Whereas, To pursue, enquire and engage those missing technical ingredients and personnel, as may be required, to recognize and solve through mature technical solutions at the real elevated level of aware- ness, those solutions that have gone unrecognized to date; and

Whereas, To monitor progress through construction stages for technical posture, construction practices to guard against irregularities and maintain daily main- tenance procedures; Therefore Be It

Resolved, That this great city, witness by this mayor as affirmed by the Boston Commissioners of Public Works, and Department of Transportation is urged to evaluate the design fragments in place, the materials and methods of construction, and to signal each and all these factors in determining the respon- sibility for final acceptance by the City of Boston, to withhold until confirmation, all statements of safety unless statements fully speak of vehicular safe ma- neuverability, to the impacted residents full and unin- hibited rite of passage, like all citizenry that reside along and depend upon, Washington Street, and all impacted citizenry are once again restored to those basic necessary everyday services, which will be se- riously hampered as this error ridden work pro- gresses and; Therefore Proclaim That this council, in its wisdom, do adopt these statements and principaled as those protectives to safeguard all aspects of life, healthy and safety.

The resolution was adopted under suspension of the rules, yeas 12, nays 0:

Yeas — Councillors Boiling, Byrne, Hennigan Ca- sey, Iannella, Kelly, McCormack, McLaughlin, Menino, O'Neil, Salerno, Scondras, Yancey — 12.

Nays — 0.

ORDER FOR PETITION FOR SPECIAL LAW AU- THORIZING CITY TO SELL AND CONVEY CERTAIN PARCEL OF PARKLAND LOCATED AT 134 THORNSTON STREET, ROXBURY (DOCKET NO. 1192)

The following was received:

City of Boston Office of the Mayor

September 23, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule petition for the sale of land located at 134 Thornton Street, Roxbury. This is a small, unbuildable lot in the custody of the Parks and Recreation Department. As with the "sliver lot" program, the City wishes to place in private hands the ownership and maintenance of such lots, which are of little or no use to the City. I urge your Honorable Body to pass this petition. Sincerely,

Raymond L. Flynn, Mayor.

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Ordered: That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only:

Section 1 . The city of Boston is hereby authorized to sell and convey a certain parcel of park land in said city containing two thousand eight hundred (2,800) square feet, more or less. Said land is de- scribed in a deed recorded with Suffolk County Reg- istry of Deeds, Book 5672, Page 456, and is on the southeasterly side of Thornton Street, numbered one hundred thirty -four (134) in the numbering of said Thornton Street, in the Roxbury district of the city.

Section 2. This act shall take effect upon its pas- sage.

Referred to the Committee on City and Neigh- borhood Services.

ORDER FOR PETITION FOR SPECIAL LAW AU- THORIZING CITY TO CONVEY CERTAIN PARCELS OF LAND IN LAMARTINE STREET IN ROXBURY AND WEST ROXBURY (DOCKET NO. 1 193)

The following was received:

City of Boston Office of the Mayor

September 25, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule petition to permit the sale of seventeen parcels of land, being portions of Lamartine Street in Roxbury and West Roxbury.

These parcels were formerly part of Lamartine Street, which the City of Boston discontinued to al- low the Massachusetts Bay Transportation Authority (M.B.T.A.) to construct the Orange Line. Upon the construction of a new Lamartine Street by the M.B.T.A., these seventeen parcels became land- locked, i.e., without frontage on a public way.

If enacted, the petition will authorize the sale of the parcels to the abutters, upon their petition, for $1.00 each.

Because it was determined, when Lamartine Street was discontinued, that these parcels were no longer needed for public purposes, I recommend the adop- tion of the accompanying home rule petition by your Honorable Body.

Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That a petition to the General Court, ac- companied by a bill for a special Taw relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only:

Section 1. Notwithstanding the provisions of any general or special law to the contrary, the mayor of

the city of Boston is hereby authorized to execute and deliver an instrument in writing conveying all of the city's right, title and interest in seventeen (17) parcels of land situated on Lamartine Street in the Roxbury and West Roxbury districts of the city of Boston, being shown as follows:

1. Parcel 111-6, comprising seven hundred thirty- seven (737) square feet, more or less;

2. Parcel 111-4, comprising five hundred eighty (580) square feet, more or less;

3. Parcel 111-9, comprising two thousand four hundred eleven (2,411) square feet, more or less;

4. Parcel 111-10, comprising one thousand six hundred fifty (1,650) square feet, more or less;

5. Parcel 111-11, comprising one thousand three hundred ninety (1,390) square feet, more of less;

6. Parcel 111-12, comprising five hundred thirty (530) square feet, more or less;

7. Parcel 111-13, comprising two hundred seventy- nine (279) square feet, more of less;

8. Parcel 111-14, comprising one hundred (100) square feet, more or less;

9. Parcel 111-15, comprising fifty-six (56) square feet, more or less;

10. Parcel 111-16, comprising five hundred twenty- nine (529) square feet, more or less;

11. Parcel 111-17, comprising one hundred twenty (120) square feet, more or less;

12. Parcel 111-19, comprising three thousand five hundred (3,500) square feet, more or less;

13. Parcel 111-19, comprising eight hundred (800) square feet, more or less;

14. 111-20, comprising five hundred ninety (590) square feet, more or less;

15. Parcel 111-21, comprising two hundred seventy (270) square feet, more or less;

16. Parcel 111-22, comprising sixty-one (61) square feet, more or less; andd

17. Parcel 111-23, comprising one (1) square foot, more or less; on a plan entitled "City of Boston Pub- lic Works Department Engineering Division Discon- tinuance Plan, Lamartine Street, Atherton Street, Roxbury and West Roxbury, May 9, 1988, Gordon E. Barnes, Division Enginer" to the abutting owners of such parcel upon petition thereof, for a nominal consideration. Each instrument in writing shall re- quire the approval of the corporation counsel of the city of Boston, but shall require no further approval.

Section 2. This act shall take effect upon its pas- sage.

Referred to the Committee on Planning and De- velopment.

ORDER FOR PETITION FOR SPECIAL LAW AF- FECTING PENSION FUNDING FOR CITY (DOCKET NO. 1194)

The following was received:

City of Boston Office of the Mayor

October 1, 1991. To the City Council. Dear Councillors:

I transmit herewith a proposed Home Rule Petition to exempt Boston from a provision of the current state law governing the City's annual contribution to the State Boston Retirement System (SBRS). This provision mandates excess payments above the annual amount in the City's adopted forty year full funding pension schedule.

OCTOBER 2, 1991

245

The 1987 Pension Reform Act, MGLA c. 32, Sec. 22 D, gave local retirement systems the option of making a fundamental change in their method for fi- nancing retirement costs. Section 22D provides for elimination of a local retirement system's unfunded accrued pension liability over a forty year period ac- cording to an actuarially determined payment sched- ule. The City of Boston was the first municipality in the Commonwealth to adopt this law.

In addition, Section 22D mandates that for the first six years after adoption a municipality must appropri- ate at a minimum its pay-as-you-go costs even if that amount exceeds the actuarially-determined full fund- ing schedule.

The six year rule, which this Home Rule Petition eliminates, is an unneccessary and burdensome addi- tion to an otherwise responsible approach to reducing a long term liability. It is unnecessry given the fact that Boston has taken the fiscally prudent course of adopting a full funding schedule. And it is burden- some because these excess payments compound the negative impacts of repeated reductions in local aid to the City, imposing further strain on the delivery of critical services.

It should also be noted that Section 22D authorized state grants as an inducement for communities to adopt pension reform. The state has yet to fulfill this legal obligation.

The SBRS is a mature system in which the number of retirees has remained stable over the last half- dozen years. Thus the system's liabilities are growing at a much slower rate than the value of its assets. It is because of this that the value of the current SBRS payroll is greater than the amount needed to fully fund the system over a forty year period.

Boston remains committed to eliminating its pen- sion liability in an orderly fashion by following its forty year funding schedule. Other provisions of Sec- tion 22D require the municipality to establish certain pension accounting procedures, meet specified benefit requirements, and maintains certain earnings stand- ards. This Home Rule Petition simply exempts Boston from the six year rule, thus eliminating ex- cess payments over and above the full funding sched- ule.

I respectfully recommend adoption of this Petition by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor.

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only:

Section 1. Notwithstanding the acceptance of the provisions of section 22D of chapter 32 of the Gen- eral Laws by the City of Boston and the State-Boston retirement system, said State-Boston retirement sys- tem may adopt a funding sechedule established under subdivision (1) of said section 22D of said chapter 32 which, notwithstanding the provisions of the first sen- tence of said subdivision (1) of said section 22D, would set forth total annual payments in any of its first six fiscal years which are less in any such year than the total estimated cost of benefits to be paid in

such year for such system or for such other assumed liabilities.

Section 2. In order to revise the total annual pay- ments to the State-Boston retirement system for the fiscal year commencing July 1, 1991, the actuary of the public employee retirement administration shall use the most recent actuarial funding schedule availa- ble from said system; provided, however, that an up- dated schedule may be submitted to the actuary by November 1, 1991, or within ten days after the pas- sage of this act, whichever is later.

Section 3. Notwithstanding the provisions of clause (i) of paragraph (c) of subdivision (7) of section 22 of said chapter 32 or any other general or special law to the contrary, the amounts determined by the actuary of the public employee retirement administra- tion on or before December 15, 1990, as the re- quired payments into the pension fund and pension reserve fund of the State-Boston retirement system for the fiscal year commencing July 1, 1991, in ac- cordance with said clause (i), shall be revised in ac- cordance with the amount required in an acturial funding schedule which fulfills the requirements of sections one and two of this act and has been ap- proved by said actuary. The approved funding amount shall be issued by said actuary no later than Decem- ber 15, 1991, or within thirty days after the passage of this act, whichever is later.

Section 4. This act shall take effect upon its pas- sage.

Referred to the Committee on Ways and Means.

ORDER AUTHORIZING TRANSPORTATION COMMISSIONER TO ACCEPT AND EXPEND GRANT OF $1,000,000 FROM UNITED STATES FEDERAL HIGHWAY ADMINISTRA- TION AND MASSACHUSETTS DEPART- MENT OF PUBLIC WORKS RE DEVELOP- MENT OF MASTER PLAN FOR TRANSPORTATION SYSTEM IN DOWN- TOWN BOSTON (DOCKET NO. 1 195)

The following was received:

City of Boston Office of the Mayor

September 17, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order that authorizes the City of Boston to accept and expend a grant of one million dollars ($1,000,000) from the United States Federal Highway Administration and the Massachusetts Department of Public Works, for the purpose of developing a master plan for traffic circulation and the transportation system in downtown Boston.

I urge your Honorable Body to pass this order as soon as possible so that the City can receive and ex- pend the funds expeditiously.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the City of Boston, acting by and through its Transportation Commissioner, be, and hereby is authorized, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws, to accept and expend a grant in the amount of one mil- lion dollars ($1,000,000) from the United States Fed- eral Highway Administration and the Massachusetts Department of Public Works for the purpose of de-

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veloping a master plan for traffic circulation and the transportation system in downtown Boston.

Referred to the Committee on Commerce and Transportation.

CERTAIN INFORMATION UNDER CHAPTER 17F RE UNLISTED VOTERS (DOCKET NO. 1196)

The following was received:

City of Boston Office of the Mayor

October 1, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on September 11, 1991, regarding unlisted voters, please find the at- tached response.

Sincerely,

Raymond L. Flynn, Mayor.

1. Yes. The Boston Election Department maintains a listing of residents whose names have been omitted from the voter rolls.

2. Yes. The Boston Election Department will make available an omitted listing for each precinct in the city on both election days. These lists will be at- tached to the regular voting list. Under a current consent decree we are mandated to include the cur- rent years omitted list in the election materials sent to each polling location.

3. Yes. The Boston Election Department will pro- vide the City Council with a complete omitted listing going back three years which we use in conformance with a consent decree.

♦Copies of the omitted listing have been provided to Councillor Boiling and to the City Clerk. Placed on file.

CRIME STATISTICS FOR PERIOD 8/31/91 THROUGH 9/6/91 (DOCKET NO. 1197)

The following was received:

City of Boston Office of the Mayor

October 1, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing August 31, 1991 and ending September 6, 1991.

Sincerely, (Annexed hereto is the documentation referred to.) Placed on file.

APPOINTMENT OF DENISE A. JORDAN (DOCKET NO. 1198)

Notice was received by the City Clerk from the Mayor of the appointment of Denise A. Jordan as a member of the Rent Equity Board for a term expiring January 6, 1992.

Placed on file.

APPOINTMENT OF DANG PHAM (DOCKET NO. 1199)

Notice was received by the City Clerk from the Mayor of the appointment of Dang Pham as a mem- ber of the Fair Housing Commission for a term ex- piring July 30, 1992.

Placed on file.

COMMUNICATION FROM NORFOLK COUNTY COMMISSIONERS RE SALE OF CERTAIN LAND IN DORCHESTER (DOCKET NO. 1200)

Communication was received from James J. Col- lins, Chairman, Norfolk County Commissioners, re- garding sale of land at 2 Shafter Street, Dorchester.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO.

1201)

Notice was received from the City Clerk in accord- ance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of Sep- tember 11, 1991.

Placed on file.

APPROVAL OF CONSTABLES' BONDS (DOCKET NO. 1202)

The Constables' Bond of the following having been duly approved by the Collector-Treasurer were re- ceived and approved:

George Adjemian

Herber N. Alley ne, Sr.

James J. Brennan

Richard P. Brennan

Rodney Brooks

Thomas M. Brown

Joseph P. Butler

Daniel Clifford

Christopher E. Creed

Shawn Croke

Mark L. Edwards

John Fucillo

Edward M. Gadowski

John Gonsalves

Keith Hershenson

Harold E. Jones

Paul F. Jordan

William G. Joyce

Christopher Keaney

John Law

Kevin R. Leary

Robert J. Manning

Michael McGunigle

Mark McLaughlin

Lawrence P. Neves

Allan R. Petrie

James Rogers

William J. Shamlian

John W Taylor

William D. Vickers

Bernard Witten

Louis Yacker

OCTOBER 2, 1991

247

REPORT ON ORDINANCE ESTABLISHING A OFFICE OF MUNICIPAL INVESTIGATION (DOCKET NO. 1027)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 1027, message of the Mayor and ordinance establishing an Office of Municipal In- vestigation (referred August 14) recommending that the ordinance be rejected without prejudice.

The report was accepted; the ordinance was re- jected without prejudice.

ORDINANCE ESTABLISHING AN OFFICE OF MUNICIPAL INVESTIGATION (DOCKET NO.

1240)

Coun. O'NEIL offered the following:

Be it ordained by the City Council of Boston, as follows:

Whereas, The prompt investigation of the allega- tions of misconduct by municipal employees in the performance of their duties is necessary to maintain the confidence of the people of the city of Boston in their city government; and

Whereas, Misconduct is currently dealth with on a departmental basis with no central office to receive complaints on such incidents of misconduct and no city-wide agency dealing exclusively with investigat- ing such incidents; and

Whereas, access to all city departments and coop- eration of departments as needed is essential to the prompt determination of whether misconduct oc- curred in a given instance and to the efficient dispo- sition of all allegations; now

Therefore, the following is declared to be in the public interest:

Section One. City of Boston Code, Ordinances, Chapter V is hereby amended by adding, after Sec- tion 5-9-10, The following new section:

5-9. 1 1 Office of Municipal Investigation.

a. There is hereby established within the Office of the Mayor a division to be known as the Office of the Municipal Investigation (OMI) under the charge of three commissioners to be appointed by the Mayor, one of whom shall be designated "Chair." The OMI shall be administered by a Director, ap- pointed by the Mayor, who, in close consultation with the chair, shall manage the affairs of the Office in a day to day basis. The Commissioners shall be a special municipal employee in accordance with G.L. c. 268A.

The OMI shall be the City of Boston agency re- sponsible for investigating allegations of "serious misconduct" by city officials, employees, or agents while such officials, employees, or agents are acting within the scope of their employment. The OMI function is to investigate, and report the results of such investigations to appropriate city officials, not to prosecute or discipline. The OMI shall cooperate with and not knowingly interfere with the proper conduct of law enforcement officials; including with- out limitation, the U.S. Attorney, the Massachusetts Attorney General, and District Attorneys. All investi- gations shall be conducted with due regard for civil service laws and collective bargaining contracts.

The OMI shall have the authority to establish writ- ten guidelines not inconsistent with this Ordinance for the discharge of its responsibilities.

The Commissioners shall meet on a regular basis and the Director shall report to them on the progress of any investigations.

b. Definition!. For the purpose of this section, the following words and terms shall have the meanings as defined hereunder. Words used in the masculine gender include the feminine. Where any word or term is not defined, the ordinarily accepted meaning of the word shall apply.

1. "Person" means any natural person, proprietor- ship, corporation, government, partnership, trust, joint venture, group, association, organization or other business or enterprise of any kind or nature and any division, department or other suborganiza- tional unit.

2. "Serious misconduct" for a City employee means bribery or extortion, theft of city property, performance of a lawful, official act in an illegal or improper manner, or serious violation of a law, rule or regulation which may be considered by the OMI as resonable cause for investigation.

3. "Criminal intelligence information" means in- formation concerning identifiable individuals com- piled in an effort to anticipate, prevent or monitor possible criminal activity.

c. Staff. The Director shall hire and supervise a staff and shall have such other official duties as set forth herein and shall have such further duties and powers as delegated by the Mayor. The Director and all investigative staff shall be bonded by the City and shall be unclassified, full-time employees without secondary employment which conflicts with or cre- ates a conflict of interest with their duties and re- sponsibilities. The Director and Chief Investigator must receive written approval from the Mayor before accepting or engaging in any secondary employment. The Director shall have official duties as set forth herein and shall have such further duties and powers as delegated by the Mayor.

d. Powers and Duties.

1. The OMI shall have the responsibility and power to investigate and inquire into any serious mis- conduct by any City employee or other person who contracts in writing with the city and may review the process and decision of various departmental investi- gations upon request of the complainant or upon rec- ommendation of the Commissioners. The Director, when authorized by the Mayor, may request assist- ance from other city departments and/or outside con- sultants to aid such investigations.

2. Conduct that is not considered serious by the Commission shall be referred to the appropriate de- partment head.

3. All OMI personnel shall be prepared to partici- pate as witnesses and to present testimony and evi- dence to those tribunals, administrative or criminal, that retain jurisdiction after an investigation is con- cluded.

4. OMI is intended to supplement other city, state or federal investigating and enforcement bodies. An employee may be the subject of parallel administra- tive investigations. The Commission shall take all measures necessary to insure that parallel or subse- quent criminal investigations or prosecutions are not compromised by its operations.

At the discretion of the Director in consultation with the Commissioners, the OMI may determine not to investigate an allegation of serious misconduct, or to defer investigation, if another law enforcement ag- ency is conducting a similar investigation and action by OMI would potentially impair that investigation. If a Commissioner is officially connected with a city department he shall excuse himself from any deliber- ation or vote of the Commission in connection there- with.

e. Complaint. Any person may file a complaint

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with the OMI. Upon request of the complainant, his identity shall remain confidential until the conclusion of the investigation.

1. Investigations shall be commenced upon the re- ceipt of a complaint of or knowledge of serious mis- conduct.

2. All city departments shall report all serious mis- conduct to and refer all complaints of serious mis- conduct or other complaints specified herein to the OMI. Parallel investigations between the OMI and the department may be necessary and shall be coordi- nated with OMI upon consultation with the depart- ments involved.

f. Employee Protection. All city supervisors shall refrain from coercion of or reprisal toward any city employee who has filed a complaint with OMI. A vi- olation of this section may give good cause for or constitute a ground for reduction in pay, suspension, removal or any other administrative disciplinary action. Any such disciplinary action shall be taken in accordance with applicable law, city personnel poli- cies, and/or collective-bargaining contract.

g. Conduct of Investigation.

1. At the commencement of its investigation, OMI shall have immediate access to all city records, docu- ments and employees, including employee personnel records, departmental investigation files and reports and Retirement Board records. OMI shall not have access to any records of the Boston Police Depart- ment which contains any criminal intelligence infor- mation. Confidentiality of records in the possession of OMI or created by OMI shall be proctected ac- cording to law.

2. Investigations are to be conducted according to law. The use of extraordinary investigative methods shall be in accordance with the law and subject to re- view by the Corporation Counsel prior to implemen- tation.

h. Appearance. The Director of OMI shall have the authority to require the appearance of any city em- ployee during his regular assigned working hours, and to question such employee regarding matters spe- cifically relating to any serious misconduct. Any city employee shall be permitted to have union or legal representation during all questioning by OMI, pro- vided that the investigation is not unreasonably de- layed because of the unavailability of union or legal representation. No disciplinary action for failure to respond to question from OMI shall be taken unless the employee was warned prior to the questions being propounded to him that the failure to respond may be the basis for administrative disciplinary action, in- cluding dismissal. The employee shall have the right to appeal from such disciplinary action as provided by law, the rules of the Massachusetts Civil Service Commission and such other rights as provided by the city's personnel policies and procedures relating to disciplinary action.

i. Interference With Investigation.

1. No city employee or any person contracting in writing with the city shall prevent, obstruct, or other- wise hinder any investigation conducted by OMI. Any violation of this paragraph shall give good cause for or constitute a ground for reduction in pay, sus- pension, removal or any other administrative discipli- nary action in accordance with law, the rules of the Massachusetts Civil Service Commission and the city's policies and procedures relating to disciplinary action and collective-bargaining contracts. The city employee shall have the right to appeal from such disciplinary action as provided by law, the rules of the Massachusetts Civil Service Commission, such other rights as provided by the city's personnel poli-

cies and procedures relating to disciplinary action, and collective-bargaining contracts.

2. Every city official, employee or officer and every person contracting in writing with the city shall cooperate with the OMI. OMI shall solicit the volun- tary cooperation of all other persons with its investi- gations.

j. Report and Confidentiality of Investigation.

1. At the conclusion of the investigation, OMI shall submit to the Mayor a written report containing final conclusions and pertinent facts. OMI shall pro- vide such report or a summary thereof to the com- plainant, to the accused and to the appropriate de- partment head of appointing authority. Upon request, OMI may make available such report or a summary thereof to the public.

2. Except for the members and staff of OMI, the Mayor, the Corporation Counsel and any law en- forcement agency conducting a parallel current inves- tigation into the suspected serious misconduct of a city employee, no city employee or any other person shall have access to the investigatory files of OMI, except those which are public records under G.L. c.4, s.7(26).

Section Two: This ordinance shall take effect upon passage. Referred to the Committee on Public Safety.

ORDER FOR PETITION FOR SPECIAL LAW RE- MOVING PROHIBITIONS REGARDING TRANSACTIONS BETWEEN CITY OF BOSTON AND NAMIBIA (DOCKET NO.

1107)

Coun. YANCEY, on behalf of the Special Commit- tee on Intergovernmental Relations, submitted the fol- lowing:

Report on Docket No. 1107, message of the Mayor and order for petition for a special law removing prohibitions regarding transactions between the City of Boston and Namibia (referred September 11) rec- ommending passage of the order.

The report was accepted; the order was passed.

Councillors Byrne, Kelly, and O'Neil requested that they be recorded as voting "Present" on the foregoing order.

REPORT ON ORDINANCE REMOVING RE- STRICTIONS ON NATION OF NAMIBIA FROM ORDINANCES APPLYING TO TRANS- ACTIONS INVOLVING SOUTH AFRICA (DOCKET NO. 1 106)

Coun. YANCEY, on behalf of the Special Commit- tee on Intergovernmental Relations, submitted the fol- lowing:

Report on Docket No. 1106, message of the Mayor and ordinance removing restrictions on the Nation of Namibia from ordinances applying to transactions in- volving South Africa (referred September 11) recom- mending passage of the ordinance in the following new draft:

Whereas, Investigators are looking into the circum- stances under which the contract was awarded in 1989 and extended in 1990; and

Whereas, ICBM was not the low bidder in 1989 nor recommended by the Superintendent at the time; and

Whereas, The extension in 1990 was found by the

OCTOBER 2, 1991

249

Massachusetts Supreme Judicial Court to have vio- lated the state bidding requirements; and

Whereas, When the contract was rebid it was once again awarded to ICBM; and

Whereas, There are a variety of charges surround- ing the awarding of the contract this year, including the possibility that ICBM was aware of the require- ments before other companies, therefore providing ICBM with a distinct advantage; and

Whereas, ICBM allegedly pays a Canton oil com- pany 24 to 26 cents a gallon extra to deliver gasoline for the buses and does not use city space to park the buses but rather rents busyards for nearly $1 million a year; and

Whereas, A federal grand jury has begun issuing subpoenas to inquire into the issuance of the con- tract; and

Whereas, The current federal investigation is not the first time the city's bus contract has come under scrutiny; and

Whereas, The School Committee had the audacity to sign a contract containing pass-through require- ments which allow costs to be passed on to the city without review, providing no incentive for containing costs; and

Whereas, The mismanagement implicit in this con- tract is the most important factor precipitating the threatened strike; and

Whereas, The Boston City Council passed a budget containing funds for the transportation of students and has the responsibility for overseeing the budget which it approves; and

Whereas, Those responsible for the current con- tract include ICBM, The Boston School Committee, and the Boston School Department; Now Therefore Be It

Ordered, That the Committee on Public Education hold a public hearing, summonsing the personnel from ICBM, the Boston School Committee, and the Boston School Department who were responsible for and approved the current contract.

Referred to the Committee on Public Education.

City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance Removing Restrictions on the Nation of Namibia from Ordinances Applying to Trans- actions Involving South Africa Be it ordained by the City Council of Boston, as fol- lows:

Whereas, The Nation of Namibia, after 75 years of South African domination, gained its independence on March 20, 1990; and

Whereas, In two City Ordinances approved years before this independence was granted, Namibia was included with the Republic of South Africa in City restrictions on firms which deal with apartheid coun- tries; and

Whereas, Namibia has been unable to develop its economy because its name is still linked to South Af- rica on divestment laws passed by well-meaning cit- ies and states; and

Whereas, Boston could help the struggling country by removing Namibia's name from Ordinances di- rected against trade with companies doing business with or in South Africa; and

Whereas, Removing the name of Namibia from Boston Ordinances would help focus attention else- where on the new nation's independent status; There- fore: Be It Ordained:

Section 1 — Ordinances Chapter 19 of 1984, codi- fied as CBC Ordinances 6-3.7, is amended by strik-

ing the phrases 'or Namibia" "or to Namibia" "and Namibia" wherever they appear in the title or text.

Section 2 — Ordinance Chapter 18 of 1986, codi- fied as CBC Ordinances 4-3, is amended by striking the words: "or Namibia" at the end of the second paragraph.

The report was accepted; the ordinance in the new draft was passed.

Councillors Byrne, Kelly, and O'Neil requested that they be recorded as voting "Present" on the foregoing ordinance.

COMMITTEE ON PUBLIC EDUCATION TO HOLD HEARING RE CURRENT SCHOOL BUS CONTRACT (DOCKET NO. 1203)

Couns. SCONDRAS, BOLLING, and SALERNO offered the following:

Whereas, The school children of the City of Boston are once again threatened by the possibility of a School Bus Driver and Monitor strike; and

Whereas, The City of Boston owns the bus fleet yet contracts out for running of the system; and

Whereas, The current contract with In-City Boston Management Inc., (ICBM) is $33 million; and

Whereas, Revelations published in the Boston Her- ald have raised serious questions regarding the cur- rent contract including its legality; and

Whereas, The school busing arrangement in Boston is among the most expensive in the country; and

ORDER PURSUANT TO MGLA CHAPTER 184, SECTION 32, APPROVING PRESERVATION RESTRICTIONS ON OLD WEST CHURCH (DOCKET NO. 1204)

Coun. IANNELLA offered the following:

Whereas, The City of Boston is empowered to ap- prove preservation restrictions for historically signifi- cant structures located in the City of Boston pursuant to MGLA Chapter 184, Section 32; and

Whereas, The building known as the Old West Church located at 131 Cambridge Street in Boston is a structure which is historically significant for its ar- chitecture and for its neighborhood associations and is therefore appropriate for preservation; and

Whereas, The Society for the Preservation of New England Antiquities holds an Indenture containing preservation restrictions upon the Old West Church dated March 21, 1962 and recorded with the Suffolk County Registry of Deeds in Book 7633, Page 12; and

Whereas, The Society for the Preservation of New England Antiquities has requested the City to approve the preservation restrictions pursuant to MGLA Chapter 184, Section 32 in order to give the Old West Church the benefit of that statute; now therefore be it

Ordered, Pursuant to MGLA Chapter 184, Section 32 the Boston City Council in meeting assembled ap- proves the preservation restrictions on the Old West Church set forth in an instrument recorded with the Suffolk County Registry Deeds in Book 7633, Page 12, as such preservation restrictions may be inter- preted or varied in accordance with the terms thereof by theeh Society for the Preservation of New En- gland Antiquities as the holder thereof.

Referred to the Committee on the Environment and Public Works.

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CITY COUNCIL TO HOLD HEARING ON IN- VESTMENT PRACTICES OF BOSTON-STATE RETIREMENT SYSTEM (DOCKET NO. 1205)

Coun. SALERNO offered the following:

Whereas, The retired employees of Boston covered by the Boston-State Retirement System are entitled to receive the highest possible return on the investment of their pension moneys; and

Whereas, Recent reports indicate that the return is among the lowest in the state; and

Whereas, Several proposals for the use of Boston pension money to be invested in the Boston economy have been made in the past few weeks, including those by the State Treasurer, several unions, and Councilor Salerno; and

Whereas, Present retirees, present employees and the citizens of Boston are entitled to an assurance that pension moneys are invested for the benefit of pensioners and if consistent the City; therefore be it

Ordered, That Boston City Council hold a public hearing on the investment practices of the Boston- State Retirement System; and be it further

Ordered, That this hearing address all aspects of investment activities including but not limited to:

1) a review of the rate of return on all investments over the past five years and a comparison with other Massachusetts' pension fund rates of return over the same period;

2) a detailed analysis of all below average rate of return investments including an explanation for the poor performance and the investment manager re- sponsible;

3) a geographic breakdown and calculation of the percent of all investments made in the City of Boston, the State of Massachusetts, the major regions of the United States, and overseas;

4) a detailed breakdown and calculation of the per- cent of all investments by the Standard Industrial Classification (SIC) system; and

5) a detailed breakdown of the performance of all investment managers for the System.

Referred to the Committee on Ways and Means.

ORDER FOR PETITION FOR SPECIAL LAW TO AMEND CITY CHARTER TO ALLOW FILL- ING OF VACANCIES IN OFFICE FOR CITY COUNCIL (DOCKET NO. 1207)

Coun. MENINO offered the following:

Ordered, That a petition to the General Court, ac- companied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Common- wealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors.

Changes of form only:

Section 1. Chapter 452 of the acts of 1948, as most recently amended by chapter 190 of the acts of 1952, is hereby amended by striking out section 15, and inserting in place thereof the following:

Section 15. If at any time a vacancy occurs in the office of city councillor-at-large for any cause, the city clerk shall forthwith notify the city council thereof; and within fifteen days after such notifica- tion, the remaining city councillors shall choose, as city councillor-at-large for the unexpired term, whichever of the defeated candidates for the office of

city councillor-at-large at the regular municipal elec- tion at which city councillors-at-large were elected for the term in which the vacancy occurs, who are eligible and willing to serve, received the highest number of votes at such election, or, if there is no such defeated candidate eligible and willing to serve, a registered voter of the city duly qualified to vote for a candidate for the office of city councillor-at- large. If the remaining city councillors fail to choose as hereinbefore provided within fifteen days after the notification of the city council by the city clerk, the choice shall be made by the mayor, or, if there is no mayor, by the president of the city council.

Section 2. Chapter 452 of the acts of 1948, as most recently amended by chapter 190 of the acts of 1952, is hereby amended by inserting after section 15 the following:

Section 15A. If a vacancy occurs in the office of district city councillor more than one hundred and eighty days prior to a regular municipal election, the city clerk shall forthwith notify the city council thereof; and at the first city council meeting after the notice has been read, the city council shall forthwith adopt an order calling a special preliminary election for the purpose of nominating a district city council- lor for the unexpired term, which election shall be held on a Tuesday, not less than sixty-two nor more than seventy-six days after the adoption of such or- der, as the city council shall in such order fix. The two candidates for district city counselor receiving the greatest number of votes at the special prelimi- nary election shall be deemed nominated and their names shall be placed on the ballot for the special municipal election, which election shall be held twenty-eight days following the special preliminary election. No special preliminary election or special municipal election shall be held if such vacancy oc- curs on or before one hundred and eighty days pre- ceding the next regular municipal election.

Section 3. Chapter 452 of the acts of 1948, as most recently amended by chapter 190 of the acts of 1952, is hereby amended by inserting after section 15A the following:

Section 15B. A call for a special preliminary elec- tion as provided in section fifteen A shall be in effect upon vote of the city council and no such vote shall be presented to the mayor for his approval notwith- standing the provisions of section seventeen D. All such special elections as provided in section fifteen A shall be governed by the provisions of this Act ex- cept: (a) the subscription required by section fifty- five shall be done within ten days of the call (b) nomination petition shall be issued by the election commission before the seventh day following the call (c) nomination petition shall be signed, in the case of a district city councillor in a special preliminary elec- tion by the same number of signatures as provided in section fifty-six for a district city councillor candidate in a regular preliminary election (d) all nomination petitions shall be filed with the election commission before five o'clock in the afternoon on the fifteenth day following the adoption of the order calling a spe- cial preliminary election (e) no candidate for district city councillor shall withdraw his name from nomina- tion after the last day to file objections to nomination petitions (f) the election commission shall complete the certification required by section fifty-seven within two weeks of the last day for the filing of nomination petitions (g) a nomination petition which has been filed and is in apparent conformity with the law shall be valid unless written objection thereto is made by a registered voter of the city. Such objection shall be filed with the election commission within three days

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(Saturdays, Sundays and legal holidays excluded) fol- lowing the certification of signatures (h) no candidate shall be substituted as provided for in section fifty- seven B, and (i) notwithstanding the provisions of any general law to the contrary, a petition for recount may be filed with the election commission before five o'clock in the afternoon on the third day follow- ing the certification of a special preliminary election for nominating a district city councillor.

Section 4. This act shall take effect upon passage.

Passed under suspension of the rules.

Later in the session Coun. BYRNE moved recon- sideration of the foregoing matter; reconsideration prevailed.

Coun. BYRNE moved that Docket No. 1207 be amended by deleting the word "before" on the next- to-last line of Section 15A and inserting in place thereof the word "within".

The motion was carried.

The order as amended, was passed.

ORDINANCE AMENDING CBC, ORDINANCES, CHAPTERS XIV, XVI AND XVII (DOCKET NO. 1208)

Coun. MCLAUGHLIN offered the following: Be it ordained by the City Council of Boston, as fol- lows:

(Health Inspection Matters)

Section One — CBC Ord. 16-1.1 Fish a) Throwing Entrails into Harbor Prohibited — is hereby re- pealed. (NE $20.)

Section Two — CBC Ord. 16-1.2 Vegetables — is hereby repealed. (NE $20.)

Section Three — CBC Ord. 16-1.3 Decayed Food — is hereby amended by striking the words "Board of Health and Hospitals", and substituting therefor, the words, "Division of Health Inspections, Inspec- tional Services Department." (NE $20.)

Section Four — CBC Ord. 16-1.4 Bakery (NE $20.)

CDC Ord. 16-1.5 Food Products, Retail Sale of

(NE$20.)

CBC Ord. 16-1.6 Food Permits, Single Permit to be Issued — are severally repealed and replaced by the following new section — (NE $20.)

Section 16- 1.4 A Bakery — Food Products, Retail Sale of, (NE $100.)

No person shall carry on the business of a bakery, nor sell at retail; meat, produce, dry groceries, daily products, frozen foods or any other food products without a permit issued by the Division of Health In- spections, Inspectional Services Department under the authority of the State Sanitary Code.

Section Five — CBC Ord. 16-1.7 — Permit for Catered Functions — is hereby amended by striking the words "Board of Health and Hospitals" wherever they appear, and substituting therefor, the words, "Division of Health Inspections, Inspectional Serv- ices Department."

(NE $20.)

Section Six — CBC Ord. 16-1.8 — Live Fowl, Etc. — is hereby repealed and replaced by the fol- lowing new section: ($10.)

16-1. 8A Live Fowl, Farm Animals — No person shall keep any live fowl or other farm animals, ex- cept in accordance with a permit from the Division of Health Inspections, Inspectional Services Depart- ment.

Section Seven — CBC Ord. 16-1.9 — Restraining Dogs — is hereby amended by adding a new sub- section.

16-1. 9A — Fines for Violation — Violations of CBC Ord. 16-1.9 shall be punished as follows:

1. For the first offense in a calendar year — a warning notice to the dog owner.

2. For the second offense in a calendar year — a fine of twenty-five ($25.00) dollars.

3. For the third offense in a calendar year — a fine of thirty ($30.00) dollars.

4. For the fourth and each subsequent offense in a calendar year — a fine of fifty ($50.00) dollars.

Section Eight - CBC Ord. 16-1.12 Removal of Manure — is hereby amended by striking the words, "Board of Health and Hospitals" and substituting therefor, the words, "Division of Health Inspections, Inspectional Services Department."

Section Nine — CBC Ord. 16-1.13 — Keeping of Cows — is hereby repealed. ($10.)

Section Ten - CBC Ord. 16-1.14 - Prohibiting Defacement of Property, and Possession of Certain Items — is hereby re-codified as CBC Ord. 16-8B.

Section Eleven — CBC Ord. 16-1.15 — Ringing Bells — is hereby repealed. ($10.)

Section Twelve — CBC Ord. 16-1.16 — Decaying Matter — is hereby repealed. ($10.)

Section Thirteen — CBC Ord. 16-1.17 — House Offal — is hereby repealed. ($10.)

Section Fourteen — CBC Ord. 16-1.19 — Ashes and Cinders — is hereby repealed. ($10.)

Section Fifteen — CBC Ord. 16-1.22 — Burials — is hereby repealed. ($20.)

Section Sixteen - CBC Ord. 16-1.23 - Cesspoois and Privies — is hereby repealed. (NE $20.)

Section Seventeen — CBC Ord. 16-1.24 Sewage and Waste Water — is hereby amended by striking in the last sentence, the words, "Board of Health and Hospitals" and substituting therefor, the words, "Di- vision of Health Inspections, Inspectional Services Department." ($10.)

Section Eighteen — CBC Ord. 16-1.25 — Drains — is hereby amended by placing a period after the word "repair" and striking the remainder of the sen- tence. (NE $20.)

Section Nineteen — CBC Ord. 16-1.26 — Medical Waste Disposal — is hereby recodified as the City Clerk shall determine. (See Appendix B) ($200.)

Section Twenty — CBC Ord. 16-2.1 — (Hawkers and Peddlers) Registration — is hereby amended by striking, in the first sentence, the words "Board of Health and Hospitals, and until he has recorded with said Board," and substituting therefor, the words, "Division of Health Inspections, Inspectional Serv- ices Department, and until he has recorded with said Division," and by striking the words, "Board of Health and Hospitals" wherever they appear and sub- stituting therefor, the words, "Division of Health In- spections, Inspectional Services Department." (NE $20.)

Section Twenty -One CBC 16-2.4 — Vehicles and Receptables — is hereby amended by striking the words, "Board of Health and Hospitals" Wherever they appear and substituting therefor, the words, "Di- vision of Health Inspections, Inspectional Services Department." (NE $20.)

Section Twenty-Two CBC Ord. 16-3 — Taking of Sea Worms — including CBC Ord. 16-3.1 Who May Take — are hereby repealed. (NE $20.)

Section Twenty-Three — CBC Ord. 16-10 — in- cluding subsections 16-10.1 Sale of Butter, 16-10.2 Obstruction to Travel, 16-10.3 Sunday Regulations, 16-10.4 Disorderly Conduct, 16-10.5 Compliance with Directions are hereby severally repealed. ($20.)

Section Twenty-Four — CBC Ord. 16-12.7 Dog Fouling — is hereby amended in paragraph c. En-

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forcement — by striking the last sentence thereof and is further amended by re-codifying the section as CBC Ord. 16-1. 10A. (See Appendix A) ($50.)

Section Twenty-Five — CBC Ord. 16-27 — Retail Delivery of Milk and CBC Ord. 16-27.1 - Time Regulation — are hereby repealed. (NE $20.)

(B. Public Works Matters)

Section Twenty-Six — CBC Ord. 16-12.1 — Speed of Animals and Vehicles — is hereby repealed. (NE $20.)

Section Twenty-Seven — CBC Ord. 16-12.6 — Cleansing Animals, Vehicles and Mats in Streets — is hereby repealed. ($10.)

The following sections shall be recodified into a new section entitled: "Trash and Refuse Disposal" — the placement and numbering of which shall be de- termined by the City Clerk. (See Appendix B). Section Twenty-Eight — CBC Ordinances: 16-1.20 — Transportation of Refuse ($50.)

16-1. 20A — Dumpsters ($50. - $200.)

16-1.21 — Prohibiting the Operation of Refuse Treatment and Disposal (NE $20.)

16-1.26 — Medical Waste Disposal ($200.)

16-12.10 — Rubbish Disposal ($25 . )

16-12.11 — Rummaging ($10.)

16-12.12 - Size of Barrels ($10.)

16-12.13 — Overfilling of Barrels or Dumpsters of Any Size ($10.)

16-12.17 — Trash Outside Place of Business ($25.) 16-12.18 — Trash Within Place of Business ($50.) 17-10.1 — Application for Permit to Maintain Out- door Dumpster.

17-10.2 — Refuse Containers Required to Be Li- censed.

17-10.3 — Cleaning and Disinfecting of Storage Containers; Violations; Penalty

17-11.1 — Essential Facilities Permitted to Be Op- erated or Established.

17-11.2 — Exclusion for Systems Serving Only One Building. 17-11.3 — Regulations for New Transfer Stations. 17-11.4 — Conditions for Assignment Imposed 17-11.5 — Application of Regulations 17-11.6 — "Necessary and Essential" Designation Obtained from City Council.

17-11.7 — Violations: Penalties ($100/$500)

17-11.8 — Violations, Penalty; Enforcement Section Twenty-Nine — CBC Ord. 16-12.14 — Coasting or Sledding in Streets — is hereby re- pealed. ($10.) Section Thirty — CBC Ord. 16-12.16 - Removal of Snow and Ice — is hereby amended as follows: "No owner or tenant of an estate abutting on a side- walk shall place or suffer to remain for more than three (3) hours between sunrise and sunset, any snow upon such sidewalk, or any ice upon such sidewalk unless such ice is made even and covered with sand or sawdust or other appropriate material to prevent slipping"; nor shall etc.

Section Thirty-One — CBC Ord. 16.12.20 — Cut- ting Firewood — is hereby repealed. ($10.)

Section Thirty -Two — CBC Ord. 16-12.21 — Driving Animals — is hereby repealed. ($10.)

Section Thirty-Three — CBC Ord. 16-12.22 - Grazing Animals in Streets — is hereby re- pealed. ($10.)

Section Thirty-Four — CBC Ord. 16-12.23 — Wa- tering Streets — is hereby repealed. ($10.) (Miscellaneous Matters)

Section Thirty-Five — CBC Ord. 16-14 — Public Bathing, 16-14.1 — Swimming — Are hereby re- pealed. (NE $20.)

Section Thirty-Six — CBC Ord. 16-15.2 — Driv- ing Over Drawbridges — is hereby repealed. (NE $20.)

Section Thirty-Seven — CBC Ord. 16-22.1 — Reg- ulation Concerning Numbering of Buildings — is hereby amended by striking the words "Building Commissioner" wherever they appear and substitut- ing therefore the words, "Commissioner of Inspec- tional Services." ($10.)

Section Thirty-Eight - CBC Ord. 16-26.4 — Reg- ulation of Construction Hours — is hereby amended by striking the words, "Building Commissioner" and substituting therefor the words "Commissioner, In- spectional Services Department".

Section Thirty-Nine — CBC Ord. 16-28.2 — Pub- lication and Notice — (Jitney Licenses) is hereby amended by striking the words, "Committee on Li- censes" and substituting therefor the words "proper committee".

Section Forty — CBC Ord. 14-5 — Dog Officer — is hereby recodified as the City Clerk shall deter- mine. (See Appendix A)

Section Forty-One — CBC Ord. 16-23.4 — Gaso- line Prices — is hereby recodified as subsection 17- 2.3. ($10)

Section Forty-Two — In each of the foregoing sec- tions where an ordinance is repealed or re-codified, the City Clerk shall cause said section number to ap- pear in the City of Boston Code, Ordinances, with a statement that said section has been repealed or re- codified.

Passed under suspension of the rules.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that two l:.e-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The two matters were added to the Agenda to be individually considered.

URGING UNITED STATES HOUSE OF REPRE- SENTATIVES' COMMITTEE ON WAYS AND MEANS TO ACT FAVORABLY ON HR NO. 1552 AND RECOMMEND ITS PASSAGE TO FULL HOUSE (DOCKET NO. 1241)

Couns. MENINO, McLAUGHLIN, IANNELLA, BYRNE and O'NEIL, for all the Councillors, offered the following:

Whereas, Rapidly rising water and sewer rates throughout the nation, and in particular communities served by the Massachusetts Water Resources Au- thority, place a financial hardship on homeowners; and

Whereas, Low to moderate income families as well as elderly homeowners are most adversely affected by increased water and sewer rates, which for may will soon equal or surpass yearly property tax pay- ments; and

Whereas, Present law enables homeowners to de- duct property tax payments for purposes of determin- ing federal taxes owed; and

Whereas, Congressman Brian Donnelly has intro- duced legislation which would allow homeowners to deduct the portion of annual water and sewer fees that exceeds 1 % of their adjusted gross income; and

Whereas, The Donnelly Legislation proposes to offset the revenue loss caused by the water and sewer

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253

deduction by closing a loophole which currently al- lows corporations to deduct interest paid for loans which were used to purchase tax exempt investments; Therefore Be It

Resolved, That the Boston City Council memorial- izes the United States House of Representatives' Committee on Ways and Means to act favorably on HR No. 1552 and recommend its passage to the full House.

The resolution was adopted under suspension of the rules.

COMMITTEE ON GOVERNMENT OPERATIONS TO HOLD HEARING RE SAFETY OF POLL- ING LOCATIONS (DOCKET NO. 1242)

Coun. HENNIGAN CASEY offered the following:

Whereas, An elderly voter was injured on a stair- way at the Robert Gould Shaw School on Tuesday, September 24, 1991 when she attempted to get to a polling place in the basement; and

Whereas, Voters from two precincts, Precinct 11 and Precinct 12 of Ward 20 have to vote in the base- ment at the Robert Gould Shaw School; and

Whereas, In the Management Report for FY' 89 one of the objectives of the Election Department in Program 2 was to provide handicapped and elderly accessible polling locations in conformance with fed- eral statutes; and

Whereas, The City of Boston Election Department in this same management report for FY'89 claimed that "All polling places were 100% accessible by 9/6/88, one week before Primary Day"; and

Whereas, In subsequent mangement reports of this department for FY'90, 91 and 92 varying figures were given for the number of sites adapted; now therefore be it:

Ordered, That the Committee on Government Op- erations hold a hearing as soon as possible to deter- mine how many polling locations are not as yet hand- icapped and elderly accessible and what steps are being taken to conform with Federal Statutes and to explore the possibility of moving inaccessible polling places such as Precinct 11 and 12 to safer quarters for the November 15, 1991 election.

Referred to the Committee on Government Op- erations.

Councillor Iannella, for all the Councillors: Patrol- man Charles L. Dickerson, Sr. (Docket No. 1209); Judith F. Cataldo (Docket No. 1210); Joanne Adduci (Docket No. 1211); Maureen Hilchey, R.N. (Docket No. 1212); Bruce Graubart (Docket No. 1213); James F. Kennedy (Docket No. 1214); Robert G. Neville (Docekt No. 1215).

Councillor Travaglini: Mary and Arthur Giangrego- rio (Docket No. 1216); Josephine and Albert Costa (Docket No. 1217); Dennis Goncalves (Docket No. 1218); Josephine LeBlanc (Docket No. 1219); Thomas Lima (Docket No. 1220); Jessie Burri (Docket No. 1221); Carmela Mattera (Docket No. 1222).

Councillor Byrne: William Zubrin (Docket No. 1223); Ellen Kane (Docket No. 1224); Ruth and William Murray (Docket No. 1225).

Councillor Yancey: Bank of Boston, Codman Square Branch (Docket No. 1226); Codman Square Housing Development Corporation and Alyce Lee, Director (Docket No. 1227); Public Facilities Depart- ment (Docket No. 1228); Executive Office of Com- munities and Development (Docket No. 1229); Mass- achusetts Community Development Finance Corporation (Docket No. 1230); Massachusetts Gov- ernment Land Bank (Docket No. 1231); Massachu- setts Housing Finance Agency (Docket No. 1232); National Equity Fund/Local Initiatives Support Cor- poration (Docket No. 1233); United States Office of Community Services (Docket No. 1234); Dorothy Selman (Docket No. 1235).

Councillor Boiling: C. Vincent and Mildred E. Haynes (Docket No. 1236).

Councillor Scondras: International Association of Lesbian/Gay Pride Coordinators (Docket No. 1237).

Councillor Salerno: Suzie Christmas (Docket No. 1238); John Rafuse (Docket No. 1239).

On motion of Councillor Iannella, Rule 11 was suspended in order to add the following matters to the Consent Agenda:

Councillor Yancey: William Walczak (Docket No. 1243); William Jones (Docket No. 1244).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 1:55 p.m., on motion of Councillor Menino, to meet on Wednesday, October 9, 1991, at 1 p.m.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered reso- lutions of a condolence or congratulatory nature as set forth after each Councillor's name:

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, October 9, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m. , President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend Joseph Krastel, Rector of the Mission Church, Boston, delivered the invocation, and the meet- ing was opened with the pledge of allegiance to the flag.

VISITORS TO CITY COUNCIL

President IANNELLA, for all the Councillors, intro- duced congratulatory resolutions, previously passed by the Council, honoring the 1991 Henry L. Shattuck Award winners. Councillor Kelly presented the commendation to Judith F. Cataldo. Councillor O'Neil presented the commendation to Bruce Graubart. Councillor Boiling presented the commendation to Police Officer Charles L. Dickerson. Councillor Byrne presented the commenda- tion to Joanne Adduci. Councillor Menino presented the commendation to Robert G. Neville. Councillor Travaglini presented the commendation to Maureen Hil- chey. Councillor McLaughlin presented the commenda- tion to James F. Kennedy.

All of the honorees expressed their thanks to the Mem- bers of the City Council.

MESSAGE STATING MAYOR'S REASONS FOR NOT SIGNING ORDER FOR PETITION FOR SPE- CIAL LAW RE CITY COUNCIL VACANCIES (DOCKET NO. 0670)

The following was received:

City of Boston Office of the Mayor

October 2, 1991. To the City Council. Dear Councillors:

On September 11, 1991, your Honorable Body ap- proved an order for a special law, Docket No. 0670, re- garding City Council vacancies. While I support the in- tent of the legislation, I am advised that the home rule petition contains technical and other flaws. Therefore, I will not be approving the legislation.

However, I understand that Councillor Menino has been working closely with the Law Department on a re- vised petition, which he will file in the City Council to- day. I look forward to reviewing that petition on this im- portant issue.

Sincerely,

Raymond L. Flynn, Mayor of Boston. Assigned for further action.

MESSAGE STATING MAYOR'S REASONS FOR NOT SIGNING ORDER FOR PETITION FOR SPE- CIAL LAW RE LIMITING TIME PERIOD WITHIN WHICH COLLECTOR-TREASURER CAN COLLECT OVERDUE EXCISE TAXES (DOCKET NO. 0894)

The following was received:

City of Boston Office of the Mayor

October 4, 1991. To the City Council. Dear Councillors:

On June 26, 1991 , your Honorable Body approved an order for a special law, Docket No. 0894, regarding lim- iting the time period within which the Collector- Treasurer can collect overdue excise taxes. I am advised by the Law Department that the home rule petition is legally flawed for the reasons stated herein. Therefore, I am constrained from approving the order for a special law.

The home rule petition is flawed for several reasons. It provides for the Collector-Treasurer to construe two gen- eral laws — G.L. c. 60A, sec. 2, and G.L. c. 62C, sec. 65 — so as to limit the collection of excise taxes to a period going back six years only. Requiring the Collector-Treasurer to construe the provisions of a stat- ute, however, is contrary to the principles of statutory construction which provide that when the plain meaning of a statute is clear, the provision of the statute are to be followed. Only when there is ambiguity as to the meaning of a statute may it be construed, and that task is for the courts.

In addition, regarding the two statutes cited in the peti- tion, G.L. c. 60A, sec. 2 governs the Collector- Treasurer's collection of motor vehicle excise taxes, and G.L. c. 62C, sec. 65 governs the Commissioner of Reve- nue's collection of excise and other taxes. The Collector- Treasurer has no jurisdiction under G.L. c. 62C, sec. 65 and, therefore, he may not interfere with the Commis- sioner of Revenue's authority under that statute.

I recognize and share the Council's concern that the City's collection policies be reasonable and fair, both to tax delinquents and to the vast majority of citizens who pay their taxes on time. I am also mindful of revenues of which the City has been deprived because of non- payment of taxes. As a result of changes in state law in recent years regarding the non-renewal of motor vehicle licenses and registrations, the City will have an effective means of enforcing tax collections that was lacking in years past. The City is owed more than $68 million in delinquent motor vehicle excise taxes since 1975. Of that amount, the City is owed $47 million from 1975 to 1984, the period for which the petition would disallow collec- tion. At a time when the delivery of critical services to the citizens of Boston is being jeopardized by the loss of state aid, it would not only by unwise to prohibit reasonable efforts to collect these overdue taxes, but unfair to all those who met their obligations and paid their bills on time.

Therefore, I have asked the Collector-Treasurer to adopt a tax collection policy that is reasonable and fair, but which also conveys to repeat tax delinquents that the City will no longer allow them to ignore their obliga- tions. The new policy will focus on those businesses and individuals who repeatedly refused to pay taxes during the period when there was no effective means of enforc- ing collection. Under the new policy, the City will focus collection efforts on tax delinquents who owe at least $500 for the period 1975 to 1984. In addition, the Collector-Treasurer has implemented a special hearings process to facilitate the resolution of tax bill disputes. I

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believe such a policy will address in the most effective manner the concerns which we all share on this issue. Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the order referred to.) Assigned for further action.

Later in the session Coun. KELLY moved reconsidera- tion of the foregoing action; reconsideration prevailed.

Referred to the Committee on City and Neighbor- hood Services.

ORDER ACCEPTING PROVISIONS OF CHAPTER 291 OF ACTS OF 1990 RE ENHANCED 911 SERVICE (DOCKET NO. 1245)

The following was received:

City of Boston Office of the Mayor

October 8, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order accept- ing the provisions of Section 18A through 18F of Chapter 6A of the General Laws. Should the City accept this leg- islation, it would receive enhanced 911 service and the benefits of enhanced 91 1 network features and network components, including at least one public safety answer- ing point, and any other enhanced 91 1 network features that may be made available by the statewide emergency telecommunications board. These features would dra- matically improve the City's ability to respond rapidly and effectively to emergency calls of all types.

This is an opportune time for the City to have the bene- fits offered by this legislation. As the Council is aware, the City is currently designing a new Police Headquarters facility to be located along the Southwest corridor in Roxbury. This facility will consolidate Boston Police De- partment functions into a single facility, provide state-of- the-art Operations Center to include the technologies of Computer Operated Dispatch and Enhanced 911 Serv- ice, and provide modern laboratory space for ballistic and crime analysis.

Designs of the new facility will be completed during 1992 with construction to be completed during 1994.

Furthermore, in order to receive the full scope of bene- fits offered by this legislation the City must accept its provisions, and the Secretary of State must be notified of said acceptance, prior to December 11, 1991 . If the City provides notification of formal acceptance subsequent to that date, it will be responsible for purchasing and main- taining certain costly emergency response equipment which would otherwise be provided by the Common- wealth without cost to the City.

I hereby urge your Honorable Body to pass this order as expeditiously as possible.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the provisions of Sections 18A through 18F of Chapter 6A of the General Laws, as inserted by Chapter 291 of the Acts of 1990, be and hereby are ac- cepted; And Be It Further

Ordered: That, immediately following the passage of this order, the City Clerk shall certify in writing to the Secretary of State that the City has accepted said provi- sions.

On motion of Coun. O'NEIL, the rules were sus- pended; the order was passed.

ORDER FOR PETITION FOR SPECIAL LAW AU- THORIZING CITY TO TAKE EASEMENT IN TWO PARCELS OF PARKLAND OWNED BY MDC AND CONVEY CERTAIN PARCEL OF PARKLAND TO MDC RE COMMERCIAL AND NORTH WASHINGTON STREETS (DOCKET NO. 1246)

The following was received:

City of Boston Office of the Mayor

October 7, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule peti- tion authorizing the Public Improvement Commission to take an easement in two parcels of land owned by the Metropolitan District Commission and to convey a single parcel of City land to the Metropolitan District Commis- sion by way of compensation for the taking. This transac- tion will enable the City to widen Commercial Street at the intersection of North Washington Street to provide a dedicated right hand turn land onto North Washington Street. The three parcels contain 35, 152 and 134 square feet each, respectively, and this transaction will have vir- tually no impact on the present use of parkland at this location. I urge your Honorable Body to pass this petition. Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Consti- tution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as fol- lows, except for clerical or editorial errors.

Section 1 . The City of Boston, acting by and through its public improvement commission, is hereby autho- rized to take an easement in the parcels of land described below and currently held by the Metropolitan District Commission for parkland purposes, in order to layout and alter Commercial Street by widening that street at a point where it intersects North Washington Street. Said parcels are shown on a Plan dated September 11, 1991, and entitle "City of Boston, Public Works Department, Commercial Street, North Washington Street Plan", and signed by Gordon E. Barnes, division engineer for the Public Works Department and by the Public Works Com- missioner Joseph F Casazza.

Parcel 1

Beginning at a point marking the junction of the north- erly street line of North Washington Street and the north- erly street line of Commercial Street as shown on said Plan; and thence running easterly by a curve of eighty- one (81.00) feet radius thirteen and 56/100 (13.56) feet; thence running by the northwesterly line of Commercial Street five and 01/100 (5.01) feet; thence running south- westerly by the remaining Metropolitan District Com- mission parcel fifteen and 24/ 1 00 ( 1 5 . 24) feet to the point beginning. This parcel contains thirty-five (35) square feet, more or less.

Parcel 3

Beginning at a point in the northerly line of Commer- cial Street as shown on said Plan; and thence running northeasterly thirty-four and 18/100 (34. 18) feet; thence running northwesterly eight and 93/100 (8.93) feet; thence running southwesterly by the remaining Metro-

OCTOBER 9, 1991

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politan District Commission parcel thirty-five and 44/100 (35.44) feet to the point of beginning. This par- cels contains one hundred and fifty-two ( 1 52) square feet, more or less.

Section 2. Notwithstanding any contrary provisions of any general or special law, rule, regulation or ordinance, the City of Boston, acting by and through its Public Im- provement Commission, is hereby authorized to convey in fee, by way of an instrument in writing approved as to form by the Corporation Counsel and signed by the Mayor of Boston, Parcel 2, described below, to the Met- ropolitan District Commission as the sole compensation for the taking authorized in Section 1 above.

Parcel 2

Beginning at a point in the northwesterly and northerly street line of Commercial Street as shown on said Plan; and thence running by two dimensions, northeasterly nine and 02/100 (9.02) feet and twenty-nine and 79/100 (29.79) feet; thence running southwesterly by the north- erly line of Commercial Street by two dimensions, south- westerly thirty-one and 27/100 (31.27) feet and four 30/100 (4.30) feet to the point of beginning. This parcel contains one hundred and thirty-four (134) feet, more or less.

Section 3. This act shall take effect upon its passage.

Referred to the Committee on City and Neighbor- hood Services.

CERTAIN INFORMATION UNDER SECTION 17F RE INSPECTIONAL SERVICES DEPARTMENT (DOCKET NO. 1247)

The following was received:

City of Boston Office of the Mayor

October 8, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on February 13, 1991, regard- ing the Inspectional Services Department, please find the attached response.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1248)

Notice was received by the City Clerk from the Mayor of the appointment of Anne L. Connolly as a member of the Human Rights Commission for a term expiring March 21, 1994.

Placed on file.

APPROVAL OF CONSTABLES' BONDS (DOCKET NO. 1249)

The Constable's Bonds of the following, having been duly approved by the Collector-Treasurer, were received and approved:

Frank Avellino Richard Kachadorian

James Avellino John S. Lawlor

Christopher Aylward Vincent J. Manganello

Idris F. Bilal Raymond R. Pheonix

William Doniger Paul J. Recupero

Francis X. Egan William Rihbany

Cecelia Jackson Vidal Santiago

Gerald O. Jodrey Thomas Santry

Marilyn A. Jodrey Jimmy Thompson

Albert L. Williams

NOTICE FROM CITY CLERK (DOCKET NO. 1250)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1 979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of September 18. 1 99 1 .

Placed on file.

ORDER FOR PETITION FOR SPECIAL LAW RE PREFERENCE FOR RICHARD M. McCOR- MACK AND PAUL MURPHY ON ELIGIBLE LIST FOR ENTRANCE TO FIRE SERVICE IN BOSTON (DOCKET NO. 1251)

Coun. MENINO offered the following:

Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Consti- tution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as fol- lows, except for clerical or editorial errors.

Section 1 . Notwithstanding the provisions of Chapter 31 of the General Laws or any other general or special law to the contrary, Richard M. McCormack and Paul Murphy, in recognition of their years of employment as fire alarm operators for the City of Boston, and having already received preference on the firefighters' list be- cause of their veteran's status, shall be placed in the first and second positions on the eligible list for entrance to the fire service in the City of Boston, the one with the higher standing of the two to be placed in the first posi- tion.

Section 2. This act shall take effect upon its passage.

Passed under suspension of the rules.

ORDINANCE RELATIVE TO STANDING MOTOR VEHICLES (DOCKET NO. 1252)

Couns. IANNELLA and TRAVAGLINI offered the following:

City of Boston In the Year Nineteen Hundred and Ninety-one An Ordinance RELATIVE TO STANDING MOTOR VEHICLES Be it ordained by the City Council of Boston, as follows: Section 1 . City of Boston Code, Ordinances, is hereby amended by inserting within the Environmental Ordi- nances, the following new caption and section: STANDING MOTOR VEHICLES ] No person being owner, operator, leasee, or registered owner of a vehicle currently or formerly registered as an automobile, trailer, bus. truck or other commercial vehicle shall cause, allow, or suffer any person to have an engine, air-conditioning, heating or refrigeration system in operation while the vehicle is not in motion and within three hundred feet of a dwell- ing house, except for periods of less than five minutes while persons board or alight (with or without freight), at least once each minute. This section shall not apply to an engine operated to provide light or power re- quired for emergency repair of a utility, nor to con- struction vehicles otherwise in lawful operation, other than automobiles and trucks.

Section 2. Every person violating the provisions of Section [ ] shall be punished by fine of three hun-

dred ($300.00) dollars. This ordinance may be enforced criminally, or, by non-criminal disposition as provided

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by the provisions of Section 21 D or Chapter 40 of the General Laws.

Referred to the Committee on Commerce and Transportation.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that three late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried; the matters were added to the Agenda.

REPORT ON ORDER FOR PETITION FOR SPECIAL LAW AFFECTING PENSION FUNDING FOR CITY (DOCKET NO. 1194)

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 1 194. message of the Mayor and order for petition for a special law affecting pension funding for the City (referred October 2) recommending passage of the order.

The report was accepted; the order was passed.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1262)

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: Elena M. Pepe (Docket No. 1253).

Councillor McLaughlin: Bob Gehret (Docket No. 1254).

Councillor Salerno: Raymond DiCillio (Docket No. 1255): Mario Petito (Docket No. 1256): Eugene Murphy (Docket No. 1257); Thomas Newcomb (Docket No. 1258); Albert Knipus (Docket No. 1259); Daniel O'Toole (Docket No. 1260); Francis Carpenito (Docket No. 1261).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Salerno: Sally Dale (Docket No. 1264); ex- pressing support for Baltimore "Save Our Cities" march (Docket No. 1265).

Councillor Iannella: American Express (Docket No. 1266).

Councillors Yancey and O'Neil: Police Officer John Ridlon (Docket No. 1267).

The matters contained within the Consent Agenda were severally adopted.

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, October 9. 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, De- cember 18, 1991:

Mary Mulvey, secretary, $450.00 per week, full time, 35 hours.

Passed under suspension of the rules.

NEXT MEETING

Coun. O'NEIL moved that when the Council adjourn today it be to meet again on Wednesday, October 23, 1991. at 1:00 p.m.

The motion was carried.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1263)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, October 9. 1991 the following named person be, and hereby is, appointed to the position set against her name until Wednesday, De- cember 18, 1991:

Albertine White, secretary, $300.00 per week, full time, 35 hours.

Passed under suspension of the rules.

Adjourned at 1:55 p.m.. in memory of Police Officer John Ridlon. on motion of Councillor O'Neil, to meet on Wednesday. October 23, 1991 , at 1 :00 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

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Proceedings of City Council

Ordered, That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized, in accordance with G.L. c. 44, s. 53A, to accept and expend a grant of five million eight hundred eighty-four thousand three hundred seventy-one dollars ($5,884,371.00) from the Equal Education Opportunity program for the purpose of insuring a high quality of education in the Boston Public Schools.

Referred to the Committee on Ways and Means.

Wednesday, October 23, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m. , President IANNELLA in the chair. Absent, Councillor SCONDRAS.

INVOCATION

Reverend Sidney J. Figlia, Director, Don Bosco High School, Boston, delivered the invocation, and the meet- ing was opened with the pledge of allegiance to the flag.

VISITORS TO CITY COUNCIL

President IANNELLA, introduced Councillor HEN- NIGAN CASEY who welcomed, for all the Councillors, Mr. Ronald Shaich, president of Au Bon Pain, distin- guished and recognized for the work done by his Com- pany to alleviate the plight of the homeless people and for bringing the attention of other companies in Boston to the problem by their good example. Mr. Shaich commented on the fact that his Company had a chance to observe and experience the very real pain that was an outgrowth of the homeless problem and also the fact that the problem was increasing as a result of the economic situation in this City and State. He strongly encouraged other commer- cial establishments to join with Au Bon Pain in adhering to the guidelines that they had set down for dealing with this matter.

ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND EEOG GRANT OF $5,884,371 (DOCKET NO. 1268)

The following was received:

City of Boston Office of the Mayor

October 22, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order to accept and expend an Equal Education Opportunity Grant (EEOG) of $5, 884,371. 00.

The Equal Education Opportunity program, under Chapter 188 of the Acts of 1985, was designed to insure that all communities will be able to build high quality educational systems. Under this program, the City of Boston is eligible to receive $5,884,37 1 .00 in FY92 for direct instructional expenditures.

Because of the importance of continuing to provide Boston Public School students a high quality education, I urge prompt consideration and passage by your Honor- able Body.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

ORDER AUTHORIZING CITY TO ACCEPT AND EXPEND GRANT OF $475,000 FROM UNITED STATES DEPARTMENT OF HEALTH AND HU- MAN SERVICES FOR "BOSTON AGAINST DRUGS" (DOCKET NO. 1269)

The following was received:

City of Boston Office of the Mayor

October 18, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the City to accept and expend a grant in the amount of $475,000 from the United States Department of Health and Human Services for the purpose of expanding Boston Against Drugs through a community partnership pro- gram which will provide outreach for drug prevention and education programming.

I urge your Honorable Body to pass this order as soon as possible so that the City can expend the funds in fur- therance of the purposes for which the funds are in- tended.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered: That the Mayor, acting on behalf of the City of Boston, be, and hereby is, authorized, in accordance with G.L. c. 44, s. 53A, to accept and expend a grant of $475,000 from the Department of Health and Human Services for the purpose of expanding Boston Against Drugs through a community partnership program which will provide outreach for drug prevention and education programming.

Referred to the Committee on City and Neighbor- hood Services.

ORDER AUTHORIZING COMMISSIONER ON AF- FAIRS OF ELDERLY TO APPLY FOR, ACCEPT AND EXPEND ADDITIONAL GRANT OF $2,000 FOR SENIOR COMPANION PROGRAM (DOCKET NO. 1270)

The following was received:

City of Boston Office of the Mayor

October 4, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing tl * Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend additional grant funds in the amount of $2,000 for the continued operation of the Sen- ior Companion Program in the City of Boston. These funds are made available to the City from ACTION, the federal volunteer agency, authorized under the Domestic Volunteer Act of 1973. (42 U.S. C 5013)

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These funds will be used to pay salary, stipends, meals, transportation and other services for 45 companions who participate in this program. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the Commissioner on Affairs of the El- derly of the City of Boston, acting on behalf of the City of Boston be, and hereby is, authorized to apply for funds in the amount of two thousand dollars ($2,000) under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5013) from ACTION, the federal volunteer agency, for the operation of a Senior Companion Program in the City of Boston, for the period of January 1 , 1991 through De- cember31, 1991; in connection therewith, to execute and deliver such documents as may be required by the federal government; to act as authorized representatives of the City of Boston in connection with said application; and, in accordance with G.L. c. 44, sec. 53A, to accept and expend such funds for the purpose for which granted.

On motion of Coun. KELLY, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF REAPPOINT- MENT OF JEANNE M. RYAN AS MEMBER OF BOSTON LANDMARKS COMMISSION (DOCKET NO. 1271)

The following was received:

City of Boston Office of the Mayor

September 30, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order re- garding the reappointment of Jeanne M. Ryan as a mem- ber of the Boston Landmarks Commission for a term ex- piring June 30, 1992. I am reappointing Ms. Ryan pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to your approval. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the reappointment of Ms. Jeanne Ryan of 14 Chestnut Street, Boston, as a member of the Boston Landmarks Commission, for a term expiring June 30, 1992 be and hereby is confirmed.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINTMENT OF DANIEL L. OCASIO AS ALTERNATE MEM- BER OF BOSTON LANDMARKS COMMISSION (DOCKET NO. 1272)

The following was received:

City of Boston Office of the Mayor

September 30, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order re- garding the appointment of Daniel L. Ocasio as an alter-

nate member of the Boston Landmarks Commission for a term expiring June 30, 1992, vice Pratt, expired. I am appointing Mr. Ocasio pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to your approval. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the appointment of Mr. Daniel L. Oca- sio of 230 West Canton Street, Boston, as an alternate member of the Boston Landmarks Commission, for a term expiring June 30, 1992 be and hereby is confirmed.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINTMENT OF SALLY BAER AS ALTERNATE MEMBER OF BOSTON LANDMARKS COMMISSION (DOCKET NO. 1273)

The following was received:

City of Boston Office of the Mayor

September 30, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order re- garding the appointment of Sally Baer as an alternate member of the Boston Landmarks Commission for a term expiring June 30, 1993, vice Gorin, expired. I am appointing Mr. Ocasio pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to your approval . I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the appointment of Ms. Salley Baer of 406 Beacon Street, Boston, as an alternate member of the Boston Landmarks Commission, for a term expiring June 30, 1993, vice Gorin, resigned, be and hereby is confirmed.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINT- MENTS OF JAMES ALEXANDER, KATHLEEN BROOKER, KEITH LeBLANC TO BAY STATE ROAD/BACK BAY WEST ARCHITECTURAL CONSERVATION DISTRICT COMMISSION (DOCKET NO. 1274)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Section 3 of Chapter 772 of the Acts of 1975 and subject to confirma- tion by your Honorable Body, I hereby appoint the fol- lowing representatives of the Boston Landmarks Com- mission to the Bay State Road/Back Bay West

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261

Architectural Conservation District Commission: Mr. James Alexander, 16 Gray Street, Boston Ms. Kathleen Brooker, 57 Warren Avenue, No. 1, Boston

Mr. Keith LeBlanc, Morgan & Wheelock, 335 Boyl- ston Street, Boston.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That pursuant to Section 3 of Chapter 772 of the Acts of 1975, the following representatives of the Boston Landmarks Commission be and hereby are con- firmed as members of the Bay State Road/Back Bay West Architectural District Commission:

Mr. James Alexander, 16 Gray Street, Boston

Ms. Kathleen Brooker, 57 Warren Avenue, No. 1, Boston

Mr. Keith LeBlanc, Morgan & Wheelock, 335 Boyl- ston Street, Boston.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINT- MENTS OF JAMES ALEXANDER, KATHLEEN BROOKER, KEITH LeBLANC TO ST. BOTOLPH ARCHITECTURAL DISTRICT COMMISSION (DOCKET NO. 1276)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Section 3 of Chapter 772 of the Acts of 1975 and subject to confirma- tion by your Honorable Body, I hereby appoint the fol- lowing representatives of the Boston Landmarks Com- mission to the St. Botolph Architectural District Commission: Mr. James Alexander, 16 Gray Street. Boston Ms. Kathleen Brooker, 57 Warren Avenue. No. 1, Boston

Mr. Keith LeBlanc, Morgan & Wheelock, 335 Boyl- ston Street, Boston.

Respectfully,

Raymond L. Flynn, Mayor of Boston .

ORDER FOR CONFIRMATION OF APPOINT- MENTS OF JAMES ALEXANDER, KATHLEEN BROOKER, KEITH LeBLANC TO MISSION HILL ARCHITECTURAL COMMISSION (DOCKET NO. 1275)

The following was received:

City of Boston Office of the Mayor

October 18, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Section 3 of Chapter 772 of the Acts of 1975 and subject to confirma- tion by your Honorable Body, I hereby appoint the fol- lowing representatives of the Boston Landmarks Com- mission on the Mission Hill Architectural Commission: James Alexander, 16 Gray Street, Boston, MA 021 16 Kathleen Brooker, 57 Warren Avenue, No. 1, Boston, MA 02 116

Keith LeBlanc, Morgan & Wheelock, 335 Boylston Street, Boston, MA 02 118.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That in accordance with Section 3 of Chapter 772 of the Acts of 1975, the following representatives of the Boston Landmarks Commission be and hereby are confirmed as members of the Mission Hill Architectural Commission:

James Alexander, 16 Gray Street, Boston, MA 021 16

Kathleen Brooker, 57 Warren Avenue, No. 1, Boston, MA 021 16

Keith LeBlanc, Morgan & Wheelock, 335 Boylston Street, Boston, MA 021 18.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

Ordered, That in accordance with the provisions of Section 3 of Chapter 772 of the Acts of 1975, the follow- ing representatives of the Boston Landmarks Commis- sion be and hereby are confirmed as members of the St. Botolph Architectural Commission:

Mr. James Alexander, 16 Gray Street, Boston

Ms. Kathleen Brooker, 57 Warren Avenue, No. 1, Boston

Mr. Keith LeBlanc, Morgan & Wheelock, 335 Boyl- ston Street, Boston.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF REAPPOINT- MENT OF SHIRLEY GIBBONS AS ALTERNATE MEMBER OF BAY VILLAGE HISTORIC DIS- TRICT COMMISSION (DOCKET NO. 1277)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby reappoint Ms. Shirley Gib- bons of One Lyndeboro Street, Boston, as an alternate member of the Bay Village Historic District Commission for a term expiring April 1 , 1992. Ms. Gibbons is a resi- dent of the Bay Village District.

Respectfully,

Raymond L. Flynn. Mayor of Boston.

Ordered, That Shirley Gibbons of One Lyndeboro Street, Boston, be and hereby is confirmed as an alternate member of the Bay Village Historic District Commission fora term expiring April 1. 1992.

On motion of Coun. BYRNE, the rules were sus- pended: the order was passed.

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ORDER FOR CONFIRMATION OF APPOINTMENT OF EDIE GRODEN AS MEMBER OF BAY VIL- LAGE HISTORIC DISTRICT COMMISSION (DOCKET NO. 1278)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Section 3 of Chapter 772 of the Acts of 1975 and subject to confirma- tion by your Honorable Body, I hereby appoint Edie Gro- den of 26 Melrose Street, Boston, as a member of the Bay Village Historic District Commission for a term expiring April 1, 1992, vice Bingham, term expired.

Edie Groden has been nominated to serve on this com- mission by the Society for the Preservation of New Eng- land Antiquities.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

ORDER FOR CONFIRMATION OF APPOINTMENT OF MELISSA ELLIS AS ALTERNATE MEMBER OF ST. BOTOLPH ARCHITECTURAL DIS- TRICT COMMISSION (DOCKET NO. 1280)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby appoint Ms. Melissa Ellis of 43 St. Botolph Street, Boston as an alternate member of the St. Botolph Architectural District Commission for a term expiring June 30, 1993, vice Morse, term expired. Ms. Ellis has been nominated to serve on this commis- sion by the St. Botolph Citizens' Committee, Inc. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That Edie Groden of 26 Melrose Street, Boston, be and hereby is confirmed as a member of the Bay Village Historic District Commission for a term ex- piring April 1, 1992, vice Bingham, term expired.

Referred to the Committee on Environment and Public Works.

Ordered, That Melissa Ellis of 43 St. Botoiph Street, Boston, be and hereby is confirmed as an alternate mem- ber of the St. Botolph Architectural Conservation Dis- trict Commission for a term expiring June 30, 1993.

Referred to the Committee on Environment and Public Works.

ORDER FOR CONFIRMATION OF REAPPOINT- MENT OF SUSAN WEATHERBIE AS MEMBER OF ST. BOTOLPH ARCHITECTURAL DIS- TRICT COMMISSION (DOCKET NO. 1279)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby reappoint Ms. Susan Weather- bie of 27 Cumberland Street, Boston as a member of the St. Botolph Architectural District Commission for a term expiring June 30, 1993.

Ms. Weatherbie has been nominated to serve on this commission by the St. Botolph Citizens' Committee, Inc.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

ORDER FOR CONFIRMATION OF APPOINTMENT OF JOHN MORSE AS MEMBER OF ST. BO- TOLPH ARCHITECTURAL DISTRICT COM- MISSION (DOCKET NO. 1281)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby appoint Mr. John Morse of 9 Durham Street, Boston as a member of the St. Botolph Architectural District Commission for a term expiring June 30, 1994, vice Doyle, term expired.

Mr. Weatherbie has been nominated to serve on this commission by the St. Botolph Citizens' Committee, Inc.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That Susan Weatherbie of 27 Cumberland Street, Boston, be and hereby is confirmed as a member of the St. Botolph Architectural Conservation District Commission for a term expiring June 30, 1993.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

Ordered, That John Morse of 9 Durham Street. Boston, be and hereby is confirmed as a member of the St. Botolph Architectural Conservation District Com- mission for a term expiring June 30, 1994.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

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263

ORDER FOR CONFIRMATION OF APPOINTMENT OF BOB BRADLEY AS ALTERNATE MEMBER OF ST. BOTOLPH ARCHITECTURAL DIS- TRICT COMMISSION (DOCKET NO. 1282)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby appoint Mr. Bob Bradley of 230 West Newton Street, Boston as an alternate member of the St. Botolph Architectural District Commission for a term expiring June 30, 1994, vice Pendleton, term ex- pired.

Mr. Bradley has been nominated to serve on this com- mission by the St. Botolph Citizens' Committee, Inc. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That Bob Bradley of 230 West Newton Street, Boston, be and hereby is confirmed as an alternate member of the St. Botolph Architectural Conservation District Commission for a term expiring June 30, 1994.

Referred ro the Committee on Environment and Public Works.

Keith LeBlanc, Morgan & Wheelock, 335 Boylston Street-, Boston.

On motion of Coun. BYRNE, the rules were sus- pended; the orders were passed.

ORDER FOR CONFIRMATION OF APPOINT- MENTS OF KATHLEEN BROOKER AS MEM- BER AND KEITH LeBLANC AS ALTERNATE MEMBER OF BAY VILLAGE HISTORIC DIS- TRICT COMMISSION (DOCKET NO. 1283)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Section 3 of Chapter 772 of the Acts of 1975 and subject to confirma- tion by your Honorable Body, I hereby appoint the fol- lowing representatives of the Boston Landmarks Com- mission to the Bay Village Historic District Commission: Kathleen Brooker, 57 Warren Avenue, No. 1, Boston (Member);

Keith LeBlanc, Morgan & Wheelock, 335 Boylston Street, Boston (Alternate).

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That pursuant to the provisions of Section 3 of Chapter 772 of the Acts of 1975, the following repre- sentative of the Boston Landmarks Commission be and hereby is confirmed as a member of the Bay Village His- toric District Commission:

Kathleen Brooker, 57 Warren Avenue, No. 1 , Boston (Member);

Ordered, That pursuant to the provisions of Section 3 of Chapter 772 of the Acts of 1975, the following repre- sentative of the Boston Landmarks Commission be and hereby is confirmed as a member of the Bay Village His- toric District Commission:

ORDER FOR CONFIRMATION OF REAPPOINT- MENT OF VICTOR THEMO AS MEMBER OF BAY STATE ROAD/BACK BAY WEST ARCHI- TECTURAL CONSERVATION DISTRICT COM- MISSION (DOCKET NO. 1284)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby reappoint Mr. Victor Themo of 72 Bay State Road, Boston, as a member of the Bay State Road/Back Bay West Architectural Conservation Dis- trict Commission for a term expiring June 30, 1993.

Mr. Themo has been nominated to serve on this com- mission by the Kenmore Area Action Council. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That Victor Themo of 72 Bay State Road, Boston, be and hereby is confirmed as a member of the Bay State Road/Back Bay West Conservation District Commission for a term expiring June 30, 1993.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF REAPPOINT- MENT OF DOROTHEA RYAN AS MEMBER OF BAY STATE ROAD/BACK BAY WEST ARCHI- TECTURAL CONSERVATION DISTRICT COM- MISSION (DOCKET NO. 1285)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby reappoint Ms. Dorothea Ryan of 124 Bay State Road, Boston, as a member of the Bay State Road/Back Bay West Architectural Conservation District Commission for a term expiring June 30, 1992. Ms. Ryan has been nominated to serve on this commis- sion by the Kenmore Area Action Council Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That Dorothea Ryan of 124 Bay State Road. Boston, be and hereby is confirmed as a member of the Bay State Road/Back Bay West Conservation District Commission for a term expiring June 30, 1992.

On motion of Coun. BYRNE, the rules were sus pended; the order was passed.

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ORDER FOR CONFIRMATION OF APPOINTMENT OF PATRICIA EDRAOS AS MEMBER OF MIS- SION HILL ARCHITECTURAL COMMISSION (DOCKET NO. 1286)

The following was received:

City of Boston Office of the Mayor

October 18, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby appoint Patricia Edraos of 23 Worthington Street in the Mission Hill section of the City of Boston as a member of the Mission Hill Architectural Commission for a term expiring June 30, 1993, vice Yurewicz term expired.

Ms. Edraos has been nominated to serve on this com- mission by the Mission Hill Triangle Study Committee. Respectfully,

Raymond L. Flynn, Mayor of Boston.

ORDER FOR CONFIRMATION OF APPOINTMENT OF WILLIAM JORDAN AS MEMBER OF MIS- SION HILL ARCHITECTURAL COMMISSION (DOCKET NO. 1288)

The following was received:

City of Boston Office of the Mayor

October 18, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby appoint William Jordan of 15 Wigglesworth Street in the Mission Hill section of the City of Boston as a member of the Mission Hill Architec- tural Commission for a term expiring June 30, 1994, vice Regestein term expired.

Mr. Jordan has been nominated to serve on this com- mission by the Mission Hill Triangle Study Committee. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That Patricia Edraos of 23 Worthington Street in the Mission Hill section of the City of Boston be and hereby is confirmed as a member of the Mission Hill Architectural Commission for a term expiring June 30, 1993.

Referred to the Committee on Environment and Public Works.

Ordered, That William Jordan of 15 Wigglesworth Street in the Mission Hill section of the City of Boston be and hereby is confirmed as a member of the Mission Hill Architectural Commission for a term expiring June 30. 1994.

Referred to the Committee on Environment and Public Works.

ORDER FOR CONFIRMATION OF APPOINTMENT OF LOIS REGESTEIN AS ALTERNATE MEM- BER OF MISSION HILL ARCHITECTURAL COMMISSION (DOCKET NO. 1287)

The following was received:

City of Boston Office of the Mayor

October 18, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby appoint Lois Regestein of 6 Worthington Street in the Mission Hill section of the City of Boston as an alternate member of the Mission Hill Ar- chitectural Commission for a term expiring June 30, 1993, vice Wuthrich term expired.

Ms. Regestein has been nominated to serve on this commission by the Mission Hill Triangle Study Commit- tee.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

ORDER FOR CONFIRMATION OF APPOINTMENT OF KELLY FARQUAHARSON AS ALTERNATE MEMBER OF MISSION HILL ARCHITEC- TURAL COMMISSION (DOCKET NO. 1289)

The following was received:

City of Boston Office of the Mayor

October 18, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby appoint Kelly Farquaharson of 17 Wigglesworth Street in the Mission Hill section of the City of Boston as an alternate member of the Mission Hill Architectural Commission for a term expiring June 30, 1994, vice Dixon term expired.

Ms. Farquaharson has been nominated to serve on this commission by the Mission Hill Triangle Study Commit- tee.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered, That Lois Regestein of 6 Worthington Street in the Mission Hill section of the City of Boston be and hereby is confirmed as an alternate member of the Mis- sion Hill Architectural Commission for a term expiring June 30, 1993.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

Ordered, That Kelly Farquaharson of 17 Wigglesworth Street in the Mission Hill section of the City of Boston be and hereby is confirmed as an alternate member of the Mission Hill Architectural Commission for a term expir- ing June 30, 1994.

Referred to the Committee on Environment and Public Works.

OCTOBER 23, 1991

265

ORDER FOR CONFIRMATION OF APPOINTMENT OF CHERYL TOUGIAS AS MEMBER OF BAY VILLAGE HISTORIC DISTRICT COMMISSION (DOCKET NO. 1290)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby appoint Cheryl Tougias of 36 Bourne Street, Jamaica Plain, as a member of the Bay Village Historic District Commission for a term expiring April 1, 1993, vice Gulesian, term expired.

Ms. Tougias has been nominated to serve on this com- mission by the Boston Society of Architects. Respectfully,

Raymond L. Flynn, Mayor of Boston.

ABSENCE OF THE MAYOR (DOCKET NO. 1296)

Notice was received by the City Clerk from the Mayor of his absence from the City on October 10, 1991 to Oc- tober 11, 1991.

Placed on file.

APPOINTMENT OF BRADFORD ROWELL AS MEMBER OF BEACON HILL ARCHITEC- TURAL COMMISSION (DOCKET NO. 1297)

Notice was received by the City Clerk from the Mayor of the appointment of Bradford Rowell as a member of the Beacon Hill Architectural Commission for a term ex- piring May 1, 1992.

Placed on file.

Ordered, That Cheryl Tougias of 36 Bourne Street, Ja- maica Plain, be and hereby is confirmed as a member of the Bay Village Historic District Commission for a term expiring April 1, 1993, vice Gulesian, term expired.

Referred to the Committee on Environment and Public Works.

APPOINTMENT OF RICHARD WILLS AS MEM- BER OF BEACON HILL ARCHITECTURAL COMMISSION (DOCKET NO. 1298)

Notice was received by the City Clerk from the Mayor of the appointment of Richard Wills as a member of the Beacon Hill Architectural Commission for a term expir- ing May 1, 1993.

Placed on file.

COMMUNICATION FROM RENT EQUITY BOARD (DOCKET NO. 1291)

Communication was received from Constance J . Doty, Administrator, Rent Equity Board, transmitting a certi- fied copy of Regulation 4, promulgated under Chapter 34 of the Ordinances of 1984, as amended.

Referred to the Committee on Housing.

NOTICES FROM DEPARTMENT OF ENVIRON- MENTAL PROTECTION, WATERWAYS REGU- LATION PROGRAM

Notice was received from the Department of Environ- mental Protection, Waterways Regulation Program re: li- cense application No. W91-1009-N for the Central Ar- tery, Governors Island Material Disposal, Filled Tidelands of Boston Harbor. (Docket No. 1292)

Notice was received from the Department of Environ- mental Protection, Waterways Regulation Program re: li- cense application No. W91-1013 for the Central Artery, Utility Relocations, North Street to north of Causeway Street, Filled Tidelands of Boston Harbor. (Docket No. 1293)

Notice was received from the Department of Environ- mental Protection, Waterways Regulation Program re: li- cense application No. W91-1050 for the Central Artery, New East Side Interceptor (NESI), Filled Tidelands of Boston Harbor. (Docket No. 1294)

Notice was received from the Department of Environ- mental Protection, Waterways Regulation Program re: li- cense application No. W91-1002-N for the Central Ar- tery, Utility Relocation, Congress to North Streets, Filled Tidelands of Boston Harbor. (Docket No. 1295)

Severally placed on file.

APPOINTMENT OF ANTHONY PANAGARO AS ALTERNATE MEMBER OF BEACON HILL AR- CHITECTURAL COMMISSION (DOCKET NO. 1299)

Notice was received by the City Clerk from the Mayor of the appointment of Anthony Panagaro as an alternate member of the Beacon Hill Architectural Commission for a term expiring May 1 , 1992.

Placed on file.

APPOINTMENT OF NABIL FIRZLI AS ALTER- NATE MEMBER OF BEACON HILL ARCHI- TECTURAL COMMISSION (DOCKET NO. 1300)

Notice was received by the City Clerk from the Mayor of the appointment of Nabil Firzli as an alternate member of the Beacon Hill Architectural Commission for a term expiring May 1, 1993.

Placed on file.

APPOINTMENT OF KAY FLYNN AS ALTERNATE MEMBER OF BEACON HILL ARCHITEC- TURAL COMMISSION (DOCKET NO. 1301)

Notice was received by the City Clerk from the Mayor of the appointment of Kay Flynn as an alternate member of the Beacon Hill Architectural Commission for a term expiring May 1, 1994:

Placed on file.

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APPOINTMENT OF ELLEN GUINEY AS ALTER- NATE MEMBER OF BEACON HILL ARCHI- TECTURAL COMMISSION (DOCKET NO. 1302)

Notice was received by the City Clerk from the Mayor of the appointment of Ellen Guiney as an alternate mem- ber of the Beacon Hill Architectural Commission for a term expiring May 1, 1995.

Placed on file.

REPORT ON ORDER FOR HEARING TO EVALU- ATE CITY'S PERFORMANCE RE RESPONSE TIME TO REQUESTS FOR CITY SERVICES (DOCKET NO. 0106)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0106, order for a hearing to evaluate the City's performance re response time to re- quests for city services (referred October 3, 1990) rec- ommending the order be placed on file.

The report was accepted; the order was placed on file.

APPOINTMENT OF WILLIAM RIZZO AS ALTER- NATE MEMBER OF BEACON HILL ARCHI- TECTURAL COMMISSION (DOCKET NO.

1303)

Notice was received by the City Clerk from the Mayor of the appointment of William Rizzo as an alternate mem- ber of the Beacon Hill Architectural Commission for a term expiring May 1, 1996.

Placed on file.

APPROVAL OF CONTABLES' BONDS (DOCKET NO. 1304)

The Constables' Bonds of the following, having been duly approved by the Collector-Treasurer, were received and approved, viz.: Carroll Allston, Ralph Bacote, Rus- sell Castagna, Jay Hartford, James Powers, Robert M. Sullivan, Wilfred Suozzo, John T. Trezzi, and Estrella J. White.

REPORT ON PETITION OF LOUIS A. SHUMAN FOR LICENSE TO OPERATE MOTOR VEHI- CLES FOR CARRIAGE OF PASSENGERS OVER CERTAIN STREETS IN BOSTON (DOCKET NO. 1171)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the following:

Report on Docket No. 1171, petition of Louis A. Shu- man for a license to operate motor vehicles for the car- riage of passengers over certain streets in Boston (re- ferred September 19) recommending the petition be granted.

The report was accepted; the petition was granted.

REPORT ON ORDER FOR CONFIRMATION OF THE APPOINTMENT OF FLETCHER H. WI- LEY AS MEMBER OF THE ECONOMIC DE- VELOPMENT AND INDUSTRIAL CORPORA- TION (DOCKET NO. 1 166)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No. 1 166, message of the Mayor and order for the confirmation of the appointment of Fletcher H. Wiley as a member of the Economic Development and Industrial Corporation (referred September 18) recom- mending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER FOR HEARING TO DISCUSS WHAT PUBLIC WORKS PROJECTS ARE PLANNED FOR 1991 CONSTRUCTION PER- IOD (DOCKET NO. 0282)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0282, order forv hearing to discuss what public works projects are planned for 1991 construction period (referred February 6) recommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER FOR HEARING TO DETER- MINE IF CERTAIN PROJECTS BEING PER- FORMED ARE IN VIOLATION OF HARMONY CLAUSE ORDINANCE (DOCKET NO. 0358)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0358, order for hearing to deter- mine if certain projects are being performed in violation of the Harmony Clause Ordinance (referred February 27) recommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON ORDER FOR HEARING TO DISCUSS CHANGES IN BOSTON ZONING CODE (DOCKET NO. 0360)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0360, order for a hearing to discuss changes in the Boston Zoning Code (referred February 27) recommending the order be placed on file.

The report was accepted; the order was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF JAMES MARCELLINO AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0425)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0425, notice from the Mayor of the appointment of James Marcellino as a member of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

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267

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF JAMES MARCELLINO AS CHAIR- MAN OF BOARD OF HEALTH AND HOSPI- TALS (DOCKET NO. 0426)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0426, notice from the Mayor of the appointment of James Marcellino as Chairman of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF STEVEN TIERNEY AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0427)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0427, notice from the Mayor of the appointment of Steven Tierney as a member of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF KEVIN FITZGERALD AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0428)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0428, notice from the Mayor of the appointment of Kevin Fitzgerald as a member of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF MARY BAKER AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0431)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0431 notice from the Mayor of the Appointment of Mary Baker as a member of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF A. RAYMOND TYE AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0432)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0432, notice from the Mayor of the appointment of A. Raymond Tye as a member of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF LEE JACKSON AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0433)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0433, notice from the Mayor of the appointment of Lee Jackson as a member of the Board of Health and Hospitals (referred March 27) recommend- ing the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF MICHAEL MULLANE AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0429)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0429, notice from the Mayor of the appointment of Michael Mullane as a member of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF ROBERT GUEN AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0434)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0434, notice from the Mayor of the Appointment of Robert Guen as a member of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON NOTICE FROM MAYOR OF APPOINT- MENT OF TONY MOLINA AS MEMBER OF BOARD OF HEALTH AND HOSPITALS (DOCKET NO. 0430)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0430, notice from the Mayor of the appointment of Tony Molina as a member of the Board of Health and Hospitals (referred March 27) rec- ommending the notice be placed on file.

The report was accepted; the notice was placed on file.

REPORT ON ORDER FOR HEARING INTO OPERA- TION OF CODE ENFORCEMENT DEPART- MENT (DOCKET NO. 0450)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0450, order for a hearing into the operation of the Code Enforcement Department (re- ferred March 2 1 ) recommending the order be placed on file.

The report was accepted; the order was placed on file.

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REPORT ON COMMUNICATION FROM BEALS AND THOMAS, INC., RE PROJECT CHANGE - VFW PARKWAY NEIGHBORHOOD SHOP- PING CENTER (DOCKET NO. 0777)

Coun. KELLY on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 0777, communication from Beals and Thomas, Inc. re Project Change — VFW Park- way Neighborhood Shopping Center (referred June 5) recommending the notice be placed on file.

On motion of Coun. HENNIGAN CASEY the com- munication was remanded to the Committee on City and Neighborhood Services.

Resolved: It is the sense of the Boston City Council in meeting assembled that ambulances and other medical emergency vehicles should refrain from using their si- rens or other loud audible devices between the hours of 1:00 a.m. and 7:00 a.m. unless it is determined by the operator of the vehicle that such warning sounds are ab- solutely necessary for the completion of a trip in safety, and, Be It Further

Ordered: That the City Clerk shall forward a copy of this resolution to all ambulance service companies, pub- lic and private, in the Greater Boston area.

Referred to the Committee on Government Opera- tions.

REPORT ON ORDER THAT COMMITTEE ON GOV- ERNMENT OPERATIONS HOLD HEARING RE SAFETY OF POLLING LOCATIONS (DOCKET NO. 1242)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No. 1242, order that the Committee on Government Operations hold a hearing re the safety of polling locations (referred October 2) recommending the order be placed on file.

The report was accepted; the order was placed on file.

ORDER RE CALL FOR CITY ELECTION ON NOVEMBER 5, 1991 (DOCKET NO. 1305)

Coun. IANNELLA offered the following:

Ordered: That the meetings of the citizens of the city qualified to vote for city officers be held at the several polling places designated for the purpose by the Board of Election Commissioners, on Tuesday, the fifth day of November 1991 , to give their votes for not more than one candidate for the office of Mayor, not more than four candidates for the office of City Councillor-at-Large, and not more than one candidate for the office of District City Councillor.

The polls at said meetings shall be opened at seven o'clock a.m. and closed at eight o'clock p.m.

Ordered: That the City Clerk be hereby directed to give notice of said meetings according to law.

Passed under suspension of the rules.

RESOLUTION URGING MAYOR TO INCLUDE PLANS FOR EXPANSION OF HYDE PARK LI- BRARY IN LONG-RANGE FACILITY STUDY OF OFFICE OF CAPITAL PLANNING (DOCKET NO. 1307)

Coun. MENINO offered the following:

Whereas: The Hyde Park Branch Library has always been one of the busiest branches in the Boston Public Library system; and

Whereas: In this era of heavy demands on the eco- nomic resources of the citizens of Hyde Park increasing education and knowledge costs must be supplemented by the free and open access to materials provided be viable and vibrant public libraries; and

Whereas: The Hyde Park Historical Society makes its home in Weld Hall and as their collection expands it be- comes more difficult for other community use of the room; and

Whereas: The impressive staircase leading to Weld Hall is a forbidding climb for young children, the elderly and the handicapped; and

Whereas: The Five Year Capital Plan for Fiscal Years 1991-1995 includes a "Long-Range Facility Study, City- wide: Conduct study to determine future facility needs of the Library Department"; and

Whereas: The need for expansion of the Hyde Park Branch Library meets the criterion of "dire necessity" to preserve its character and purpose as an effective center of learning and increased prosperity of the intellect; Now, Therefore, Be It

Resolved: That the Boston City Council in meeting as- sembled urges Mayor Flynn to include plans for the ex- pansion of the Hyde Park Branch Library in the Long- Range Facility Study of the Office of Capital Planning.

The resolution was adopted under suspension of the rules.

RESOLUTION THAT EMERGENCY VEHICLES RE- FRAIN FROM USING THEIR SIRENS BE- TWEEN 1:00 A.M. AND 7:00 A.M. UNLESS AB- SOLUTELY NECESSARY (DOCKET NO. 1306)

Coun. IANNELLA offered the following:

Whereas: Citizens who reside in proximity to the ma- jor hospitals in Boston are entitled to the right of peace and quiet as are other citizens in residential areas of the City; and

Whereas: This peace and quiet is sometimes disturbed in the early hours of the morning by ambulances with sirens blaring even upon arriving at the emergency doors of a hospital; and

Whereas: Sometimes this excessive noise may be war- ranted in the early morning hours, but normally the standard flashing emergency lights of an ambulance should suffice to clear the way for a vehicle involved in a medical emergency situation; Now, Therefore, Be It

ORDER THAT SPECIAL COMMITTEE ON COM- MUNITY INVESTMENT AND BANKING HOLD HEARING ON RECENTLY-RELEASED FED- ERAL RESERVE BANK HOME MORTGAGE DISCLOSURE ACT (HMDA) DATA (DOCKET NO. 1308)

Coun. BOLLING offered the following:

Whereas: In 1990 the City Council unanimously ap- proved an Ordinance Requiring Lending Information of Municipal Depositories (Anti-Redlining Ordinance); and

Whereas: The purpose of the ordinance was to ensure that the City of Boston "conduct business only with those banks which are responsible in servicing all of Boston's communities"; and

Whereas: The ordinance established a Municipal Banking Commission which is charged with preparing

OCTOBER 23, 1991

269

reports and recommendations for the Mayor and City Council based on:

"An evaluation of each lender's performance in granting mortgage, home improvement, home eq- uity, commercial, consumer and community devel- opment loans; the lenders compliance with the re- quirements of the Community Reinvestment Act of 1977, including the duty to educate the public re- garding CRA requirements; current activity in mi- nority and low income neighborhoods and the avail- ability of bank personnel to service loans in those areas; and initiatives in areas such as commercial lending and low and moderate income housing."; and Whereas: The Federal Reserve Bank recently released data pursuant to the Home Mortgage Disclosure Act (HMDA) which reveals blacks in Boston, regardless of their income, are 3.5 times more likely to be rejected for home mortgage loans than whites; Therefore, Be It

Ordered: That the Special Committee on Community Investment and Banking conduct a public hearing on the recently released Federal Reserve Bank HMDA date; and be it further

Ordered: That the City's Collector-Treasurer and members of the Municipal Banking Commission testify at said hearing and prepare for the Commission an evalu- ation of the City's compliance with the mandates of the Ordinance Requiring Lending Information of Municipal Depositories, the Executive Order creating the Commu- nity Banking Commission and the Executive Order re- garding Link Deposits.

Referred to the Special Committee on Community Investment and Banking.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried; the matters were added to the Agenda.

REPORT ON ORDINANCE CONCERNING REGIS- TRATION OF COMMERCIAL BICYCLE SERV- ICES AND LICENSING OF COMMERCIAL MESSENGERS (DOCKET NO. 0166)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 0166, ordinance concerning the registration of commercial bicycle services and the li- censing of commercial messengers (referred December 7, 1988) recommending passage of the ordinance in the following new draft:

Whereas: On any given day, it is estimated that 100 to 150 bicycle couriers ride through Boston streets making deliveries or pick-ups of packages, documents or other small items; and

Whereas: Their activities are commercial in that they are compensated by commercial delivery services or di- rectly by firms which engage them; and

Whereas: Near accidents, endangerment to pedestri- ans, and traffic fatalities of bicycle couriers emphasize the need for city oversight and intervention; and

Whereas: In the interest of public safety, the city prop- erly has responsibility for establishing regulations to ad- dress this problem; and

Whereas: All bicyclists are required to obey all rules and regulations that apply to motor vehicles in accord- ance with MGL Chapter 85, Section 1 IB; therefore be it

Ordained by the City Council of Boston as follows:

The following is inserted as an addition to the Boston City Code: REGISTRATION OF BICYCLE MESSEN- GER SERVICES AND LICENSING OF COMMER- CIAL MESSENGERS.

Section 1 . Purpose

The purpose of this Ordinance is to establish a mecha- nism for registering commercial bicycle messenger serv- ices and licensing commercial messengers as a traffic safety control measure.

Section 2. Definitions — Where used in this Ordi- nance, the following terms shall mean:

"Commercial Bicycle Messenger" — any person compensated for using a bicycle to carry or transport any article over the public ways of Boston.

"Commercial Bicycle Messenger License" — a num- bered permit issued by the Commissioner which in- cludes, but not limited to, the name, residential address and phone, date of birth, and social security number, of the applicant.

"Commercial Bicycle Messenger Service" — any in- dividual, firm, association, corporation, partnership or joint venture whose primary business is the local pick- up, transport, and delivery of small packages, letters, documents, or other articles, including food by, but not limited to, bicycle.

"Commercial Bicycle Messenger Vest" — a light- weight reflective vest, with a three numbered identifica- tion imprinted on the front and back, of such material, form, design, and dimension as the Commissioner shall prescribe by regulation.

"Commissioner" — Commissioner of the Boston Po- lice Department.

"Registration" — registration issued by the Commis- sioner to a commercial bicycle messenger service.

Section 3. Registration of Commercial Bicycle Mes- senger Services

All commercial bicycle messenger services shall reg- ister with the Commissioner. A registration form shall be approved by the Commissioner and shall include, in ad- dition to other information deemed necessary by the Commissioner, the following:

(1) Name, address, and telephone number of the commercial bicycle messenger service.

(2) Name and principal residential address of owner (or owners) of the commercial bicycle mes- senger service.

(3) Statement indicating number of licensed com- mercial bicycle messengers employed or engaged by the service at the time of registration; including the name, telephone number and address of each mes- senger.

Section 4:

As a condition of registration, the commercial bicycle messenger service shall:

(1) Employ or engage only licensed commercial bicycle messengers.

(2) Keep available for inspection by the Commis- sioner an updated list of licensed commercial bicycle messengers employed or engaged by the service.

(3) Be responsible for instructing licensed com- mercial bicycle messengers in safe bicycling tech- niques in accordance with MGL Chapter 85, Section 13 and establish principles of safe bicycle riding.

Registration by a commercial bicycle messenger serv- ice will cost $20.00 and will be valid for a two-year per- iod. It shall be the responsibility of the commercial bicy- cle messenger service to renew its registration. Cost of registration renewals shall be $20.00.

A commercial bicycle messenger service shall be sub- ject to a fine of $ 100.00 per day. per violation of the con- dition for registration pursuant to this section.

Section 5. Licensing of Commercial Bicycle Messen- gers

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All commercial bicycle messengers who operate on Boston public ways shall apply to the Commissioner for a commercial bicycle messenger license and a commercial bicycle messenger vest with an identifying number at- tached.

The commercial bicycle messenger license application form shall include, in addition to other information deemed necessary by the Commissioner, the following:

(1) Applicant's name, principal residential ad- dress, phone, date of birth, and social security num- ber.

(2) Statement that the applicant is aware of all traffic rules and regulations with respect to vehicular travel and with respect to the safety and the rights of pedestrians.

Section 6:

The Commissioner shall approve the application and issue the applicant a commercial bicycle messenger li- cense and a commercial bicycle messenger vest within three working days of receipt of the application.

Section 7:

Commercial bicycle messengers must carry the com- mercial bicycle messenger license and wear the commer- cial bicycle messenger vest when employed or engaged as a commercial bicycle messenger.

Section 8:

Application for a commercial messenger bicycle li- cense and commercial messenger bicycle vest shall be $20.00 and shall be valid for a two-year period. A com- mercial bicycle messenger shall be responsible for re- newing the commercial bicycle license and commercial bicycle messenger vest. Applications for renewal shall cost $20.00.

Section 9:

A commercial bicycle messenger shall be subject to a fine for failing to carry a commercial bicycle messenger license when employed or engaged as a commercial bicy- cle messenger. The fine shall be $100.00 for the first offense and $150.00 for each subsequent offense.

Section 10:

A commercial bicycle messenger shall be subject to a fine for failing to wear a commercial bicycle messenger vest when employed or engaged as a commercial bicycle messenger. The fine shall be $100.00 for the first offense and $150.00 for each subsequent offense.

Section 11. The Commissioner shall establish rules and regulations pursuant to this Ordinance.

Section 12. Effective Date:

This ordinance shall become effective within 60 days of its passage.

Section 13. Severability:

If any part of this Ordinance is found to be unconstitu- tional, the remaining portion shall not be disqualified.

The report was accepted; the ordinance in the new draft was passed.

ORDER FOR CONFIRMATION OF APPOINTMENT OF TERRANCE JANERICCO AS MEMBER OF BAY VILLAGE HISTORIC DISTRICT COMMIS- SION (DOCKET NO. 1335)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby reappoint Mr. Terrance Janericco of 42 Fayette Street, Boston, as a member of

the Bay Village Historic District Commission for a term expiring April 1 , 1 993 . Mr. Janericco is a resident of the Bay Village District.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered: That Terrance Janericco of 42 Fayette Street, Boston, be and hereby is confirmed as a member of the Bay Village Historic District Commission for a term ex- piring April 1, 1993.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINTMENT OF SALLY WITHINGTON AS MEMBER OF BAY VILLAGE HISTORIC DISTRICT COMMISSION (DOCKET NO. 1336)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby reappoint Sally Withington of 1 10 Mt. Vernon Street, Boston, as a member of the Bay Village Historic District Commission for a term expiring April 1, 1992.

Ms. Withington has been nominated to serve on this commission by the Greater Boston Real Estate Board. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered: That Sally Withington of 110 Mt. Vernon Street, Boston, be and hereby is confirmed as a member of the Bay Village Historic District Commission for a term expiring April 1, 1992.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINTMENT OF RICHARD LEAZOTT AS ALTERNATE MEMBER OF BAY STATE ROAD/BACK BAY WEST CONSERVATION DISTRICT COMMIS- SION (DOCKET NO. 1337)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby reappoint Mr. Richard Leazott of 120 Ashford Street, Boston, as an alternate member of the Bay State Road/Back Bay West Architectural Conser- vation District Commission for a term expiring June 30, 1992.

Mr. Leazott has been nominated to serve on this com- mission by the Kenmore Area Action Council . Respectfully,

Raymond L. Flynn, Mayor of Boston.

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Ordered: That Richard Leazott of 120 Ashford Street, Boston, be and hereby is confirmed as an alternate mem- ber of the Bay State Road/Back Bay West Conservation District Commission for a term expiring June 30, 1992.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

ORDER FOR CONFIRMATION OF APPOINTMENT OF CARLO TOSI AS ALTERNATE MEMBER OF BAY STATE ROAD/BACK BAY WEST CONSER- VATION DISTRICT COMMISSION (DOCKET NO. 1338)

The following was received:

City of Boston Office of the Mayor

October 21, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by Chapter 772 of the Acts of 1975 and subject to confirmation by your Honorable Body, I hereby reappoint Mr. Carlos Tosi of 1 Louisburg Square, Boston, as an alternate member of the Bay State Road/Back Bay West Architectural Conserva- tion District Commission for a term expiring June 30, 1992, vice Kasdon term expired.

Mr. Tosi has been nominated to serve on this commis- sion by the Kenmore Area Action Council. Respectfully,

Raymond L. Flynn, Mayor of Boston.

Ordered: That Carlos Tosi of 1 Louisburg Square, Boston, be and hereby is confirmed as an alternate mem- ber of the Bay State Road/Back Bay West Conservation District Commission for a term expiring June 30, 1992, vice Kasdon, term expired.

On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

Councillor Byrne: Paul Gendrolis (Docket No. 1313).

Councillor Menino: John and Dora Abbatangelo (Docket No. 1314).

Councillor Travaglini: Santa Joslin (Docket No. 1315); William Accomando, Jr. (Docket No. 1316); Ted Carangelo (Docket No. 1317).

Councillor Menino: Boston Community Service (Docket No. 1318).

Councillor Salerno: Clementina Poto Langone (Docket No. 1319); Al Vega (Docket No. 1320); Mi- chael Giannasoli (Docket No. 1321).

Councillor Yancey: Boston's Own, "TAM TAM" Rapper, Dancer, and Lyricist (Docket No. 1322); Rever- end Conley H. Hughes, Jr., Pastor, Concord Baptist Church (Docket No. 1323); Willie Mae Allen (Docket No. 1324); Buck Buchanan (Docket No. 1325); Rever- end Fitz Allen John (Docket No. 1326); Maryclaire Knight (Docket No. 1327); Calvin Morris (Docket No. 1328); Honorable Darrell Outlaw (Docket No. 1329); Benjamin Thompson (Docket No. 1330); Lyndel Wood- ruff (Docket No. 1331).

Councillor Byrne: Dr. Stephen G. Thompson (Docket No. 1332); the Norton Family (Docket No. 1333).

Councillor O'Neil: Fire Captain John C. Miller (Docket No. 1334).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Hennigan Casey: Au Bon Pain (Docket No. 1339).

Councillor Boiling: Declaring month of November, 1991, as "English Plus Month" (Docket No. 1340).

Councillor Iannella: Declaring October 27, 1991, "Breast Cancer Awareness Day" (Docket No. 1341).

The matters contained within the Consent Agenda were severally adopted.

CONSENT AGENDA

ADJOURNMENT IN HONOR OF ALICE AND WILLIAM HENNESSEY

Councillor IANNELLA moved that when the Council adjourns today, it do so in honor of Alice and William Hennessey who this day celebrate their thirty-sixth anni- versary.

The motion was carried.

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Byrne: Police Deputy Bankski and the offi- cers of Area C (Docket No. 1309); Michael O'Mara (Docket No. 1310).

Councillor Hennigan Casey: Mayor Mary Bradley of Deny (Docket No. 1311); Mayor Michael Leahy of Gal- wav (Docket No. 1312).

Adjourned at 2:40 p.m., on motion of Coun. SA- LERNO, in honor of Alice and William Hennessey, to meet on Wednesday, October 30, 1991 , at 1 :00 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

CITY OF BOSTON

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Proceedings of City Council

Wednesday. October 30. 1991 . Regular meeting of the City Council held in the Coun- cil Chamber. City Hall, at 1 p.m.. President IAN- NELLA in the chair, and all the members present.

CERTAIN INFORMATION UNDER SECTION 17F RE DEFAULT WARRANTS (DOCKET NO

1343)

The following was received:

City of Boston Office of the Mayor

October 29, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on April 10. 1991, regarding default warrants, please find the attached response. Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

INVOCATION

Reverend Norbert DeAmato, St. Francis Church, Cambridge, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

VISITOR TO CITY COUNCIL

President IANNELLA introduced Councillor HEN- NIGAN CASEY, who, for all the Councillors, wel- comed Stanley Hatoff and congratulated him on keeping the price of gasoline at his station within affordable limits for his customers and absorbing the increase in State tax on gasoline and not passing it on to his customers. Mr. Hatoff accepted the citation of the Council and promised to keep his prices low and product right and always re- member the people of the community.

CRIME STATISTICS FOR PERIOD 9/7 TO 9/13/91 (DOCKET NO. 1344)

The following was received:

City of Boston Office of the Mayor

October 29, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing September 7, 1991 and ending Sep- tember 13. 1991.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

ORDER FOR CONFIRMATION OF APPOINTMENT OF CONSTABLE (DOCKET NO. 1342)

The following was received:

City of Boston Office of the Mayor

October 29, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the person named on the enclosed order as Constable of the City of Boston, authorized to serve civil process upon filing of bond, for the period com- mencing May 1 . 1991 and ending April 30, 1992. Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the appointment of the following- named person as Constable of the City of Boston for the period commencing May 1. 1991 and ending April 30, 1992 be, and hereby is confirmed.

Michael A. DeLuca. 81 Broadway, Bay Village.

Referred to the Committee on Government Opera- tions.

CRIME STATISTICS FOR PERIOD 9/14 TO 9/20/9 1 (DOCKET NO. 1345)

The following was received:

City of Boston Office of the Mayor

October 29. 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing September 14. 1991 and ending September 20. 1991.

Sincerely.

Raymond L. Flynn. Mayor.

(Annexed hereto is the documentation referred to, ) Placed on file.

CRIME STATISTICS FOR PERIOD 9/21 TO 9/27/91 (DOCKET NO. 1346)

The following was received:

City of Boston Office of the Mayor

October 29. 1991.

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To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing September 21, 1991 and ending September 27, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD 9/28 TO 10/4/91 (DOCKET NO. 1347)

The following was received:

City of Boston Office of the Mayor

October 29, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing September 28, 1991 and ending Oc- tober 4. 1991.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

NOTICE FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 1348)

Notice was received from the Department of Public Utilities of a hearing on November 25. 1991, re Graphic Scanning Corp. d/b/a Digital Mobile Communications.

Placed on file.

Public Works re: Layout No. 6863 and Order of Taking of a State Highway (Docket No. 1351).

Communication was received from the Executive Of- fice of Transportation and Construction, Department of Public Works re: Layout No. 7029 and Order of Taking of a State Highway (Docket No. 1352).

Severally placed on file.

APPROVAL OF CONSTABLES' BONDS (DOCKET NO. 1353)

The Constables Bonds of Frank A. Holbrook, and Edward J. O'Brien, having been duly approved by the Collector-Treasurer, were received and approved.

NOTICES FROM CITY CLERK

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of October 2. 1991 (Docket No. 1354) and its meeting of October 9, 1991 (Docket No. 1355).

Severally placed on file.

ORDER THAT CORPORATION COUNSEL REPORT TO NEXT COUNCIL MEETING RE APPROPRI- ATE COUNCIL ACTION TO PROVIDE BENE- FITS TO FAMILY OF POLICE OFFICER JERE- MIAH J. HURLEY. JR. (DOCKET NO. 1356)

Coun. IANNELLA. for all the Councillors, offered the following:

Ordered: That the Corporation Counsel be, and hereby is. directed to report to the City Council at its next meet- ing any action which the Council ought to take to provide all appropriate benefits to the family of Police Officer Jeremiah J. Hurley. Jr., killed while protecting the citi- zens of the City of Boston.

Passed under suspension of the rules.

COMMUNICATION FROM MBTA PROJECT MANAGER/ENVIRONMENTAL (DOCKET NO. 1349)

Communication was received from Jane A. Chmielinski, MBTA Project Manager/Environmental, re: notice of Project Change (NPC) MBTA Blue Line Station Modernization.

Referred to the Committee on Commerce and Transportation.

NOTICE FROM DEPARTMENT OF PUBLIC UTILITIES (DOCKET NO. 1350)

Notice was received from the Department of Public Utilities of hearings on November 12 and November 13, 1991, re Massachusetts Electric Company.

Placed on file.

COMMUNICATIONS FROM DEPARTMENT OF PUBLIC WORKS RE ORDERS OF TAKING OF A STATE HIGHWAY

Communication was received from the Executive Of- fice of Transportation and Construction, Department of

ORDINANCE CONCERNING SECURITY FOR STUDENT HOUSING (DOCKET NO. 1357)

Coun. SCONDRAS offered the following: City of Boston In the Year Nineteen Hundred and Ninety-one AN ORDINANCE CONCERNING SECURITY FOR STUDENT HOUSING

Be it ordained by the City Council of Boston, in ac- cordance with the provisions of Massachusetts General Laws Chapter 43B. Section 13. and any other applicable law, as follows:

Whereas, The City of Boston has many undergraduate institutions for learning, and has prided itself on its his- toric role in providing undergraduate education; and

Whereas. Most of the colleges and universities in the City of Boston provide security for dormitories or hous- ing controlled by such colleges or universities, both to protect their undergraduate students and to protect the peace and quiet enjoyment of the neighboring commu- nity; and

Whereas, Given the lack on campus housing at many colleges and universities in the City of Boston, students are often unable to find housing in college and uni- versity-controlled dormitories and housing, but have to secure such housing through arrangements not con- trolled by the college or university: and

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Whereas, Some owners who rent out large numbers of units to students of undergraduate institutions have failed to take adequate safeguards to protect the safety and se- curity of such students, of other occupants in the prem- ises, and of neighboring residents and businesses, and there have been a series of serious incidents in which the peace and quiet enjoyment of the public has been dis- turbed; and

Whereas, It is in the public interest that such owners be required to take additional security precautions where there is evidence of a breach of quiet enjoyment or en- dangerment to students, other occupants, or neighboring residents and businesses; and

Whereas, The Inspectional Services Department of the City of Boston has the authority, under Section 127A of Chapter 1 1 1 of the General Laws, to adopt regulations to provide for safety and security of residential premises, and such authority has previously been used by the City of Boston to provide for the safety and security of other housing vested with a public interest, i.e.. housing for the elderly and the handicapped; Now Therefore Be It

Ordained, by the Boston City Council, as follows:

SECTION ONE, AMENDMENT TO CITY OF BOSTON CODE, ORDINANCE 9.

The City of Boston Code, Ordinance 9, as amended by Chapter 19 of the Ordinances of 1981, by Chapter 26 of the Ordinances of 1 984, by Chapter 39 of the Ordinances of 1 984 , and by Chapter 4 of the Ordinances of 1 989 , is hereby further amended in the following respects, by adding the following Sections 506 through 510.

Section 506. Definitions.

For the purposes of Sections 506 through 510 hereaf- ter, the following definitions shall apply:

(a) "Crime prevention survey", a survey conducted by the Boston Police Department identifying the security needs of the occupants and neighbors of student housing and making recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, safety officers, resident managers, se- curity stations, security systems, or other equipment, personnel, or program. See also City of Boston Code Ordinance 1 1 , Chapter 1, as amended.

(b) "Dwelling unit," as defined in Section 500(c).

(c) "Landlord," the individual who holds title or con- trol of any student housing, without limitation, a partner- ship, corporation, condominium association, or trust. For puproses of this ordinance, the rights and duties of the landlord hereunder shall be the obligation of anyone who manages, controls, or customarily accepts rent on behalf of the landlord.

(d) "Neighbors of student housing," persons who re- side or operate businesses within a 100-yard radius of student housing.

(e) "Occupants of student housing, ' ' persons who rent or occupy buildings, structures, developments, or com- plexes which come within the definition of student hous- ing, regardless of whether such persons are themselves students of undergraduate institutions.

(0 "Security plan," a plan for providing security for the occupants and neighbors of student housing, based upon a crime prevention survey , which meets the criteria set forth in Section 508 and which has been developed in accordance with the process set forth in Section 509.

(g) "Student housing." any building, structure, devel- opment or complex, not owner occupied, of four or more dwelling units under common ownership or control, rented or offered for rent for dwelling purposes with the City of Boston, in which a majority of the more dwelling units are rented to or occupied by persons who are stu- dents in undergraduate institutions. Such student housing shall include dwelling units which are rented out to insti- tutions, corporations, or persons, and in turn are then subject to, or occupied by, students of undergrauate in-

stitutions. Such student housing shall not include housing which is located on the campus or a university of college or housing which is controlled by a university or college, so long as the univeristy or college provides security for such housing to protect students, occupants, and neigh- bors of such housing. In determining whether property continues to be used as student housing, the Commis- sioner shall treat vacant units which were formerly rented to or occupied by students in undergraduate insti- tutions as counting toward the ten-unit threshold, unless the landlord establishes by clear and convincing evi- dence that it is no longer his intent to rent out such units to students of undergraduate institutions. Section 507. Security Requirements for Student Hous- ing Where There Is Probable Cause to Believe That There Is A Risk to the Occupants or Neighbors of Such Housing.

The Commissioner of the Inspectional Services De- partment shall promulgate regulations, pursuant to his/her authority under section 127A of Chapter 1 1 1 of the General Laws, and consistent with the requirements of the State Sanitary code and Sections 506 through 510. These regulations shall take effect within ninety (90) days of the effective date of this Ordinance. Such regula- tions shall require the following:

(a) That a complaint process shall be established whereby any occupant of student housing may file a com- plaint and request for investigation with the Inspectional Services Department if there are breaches of the peace and quiet enjoyment of the public or the occupants of such student housing committed on or near such student housing premises. A neighbor of student housing may file a complaint upon obtaining the signatures and ad- dresses of nine (9) other neighbors of the student housing premises. Such complaints shall be taken without regard to whether the premises do in factcome within the defini- tion of student housing.

(b) That, within ten ( 10) days of receipt of a complaint under this section, the Inspectional Services Department shall investigate to determine: (i) whether the premises appear to meet the definition of student housing in terms of the number of units and the number of units occupied by students; and (ii) whether there is probable cause to believe that there is a risk to the safety, security, and quiet enjoyment of occupants or neighbors of student housing as the result of insufficient security measures taken with regard to such student housing. Such investi- gation shall be completed within ten ( 10) days of receipt of the complaint by the issuance of a notice determining whether there is or is not problable cause to proceed fur- ther. Such notice shall be sent to the landlord of the stu- dent housing and to the complaining party or panics Complaining parties who have been notified thai there is no probable cause to proceed further shall have the right to request a hearing from the Commissioner in a manner similar to that provided in G.L.c. 111. sec. 127Btochal- lenge the Commissioner's failure to respond to a request for investigation or to challenge the Commissioners de- termination that there is no probable cause to proceed further.

(c) If the Commissioner determines that there is proba- ble cause to proceed, the notice to the landlord shall slate the following:

(i) The landlord may request a hearing to contest (he finding of probable cause, which shall be conducted in a manner similar to that provided in G.L. c, 111. sec. 127B.

(ii) If the landlord does not request a hearing in a timely manner, the landlord must request a crime prevention survej to identify the slops thai can be taken by the landlord to insure the safety . security and quiet enjoy- ment of occupants and neighbors ot the student hous ing.

The notice shall also state that if the landlord fails to request a hearing within ten (10) days of the date of the Commissioners notice of probable cause, ihe landlord

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shall be deemed to have waived election of a hearing, and shall be ordered to request a crime prevention survey.

(d) If a landlord fails to request a hearing as provided in subsection (c) above, or if a hearing is requested and, following such hearing, it is determined by a preponder- ance of the evidence that there is probable cause to be- lieve that there is a risk to the safety, security, and quiet enjoyment of occupants or neighbors of student housing as the result of insufficient security measures taken with regard to such student housing, the Commissioner of the Inspectional Services Department shall order the land- lord to request a crime prevention survey within ten (10) days. If the landlord fails to make such a request, he shall be subject to a fine of $150.00. Each day's failure to respond to the Commissioner's order thereafter shall constitute a separate violation. The landlord shall also be subject to prosecution for failing to respond to the Com- missioner's order in the same manner as is provided for under Article II of the State Sanitary Code. Members of the public shall also have a private right of action to seek enforcement of the landlord's obligation to request a crime prevention survey.

(e) If the landlord requests a crime prevention survey and following the survey, it is determined that a security plan is necessary, the landlord must provide the security measures identified in the security plan, as developed and approved in compliance with the provisions of Sec- tions 508 and 509. After a security plan is adopted, the landlord shall have the continuing duty to provide the security measures identified in the security plan. Any re- quest for modification in the security plan must be sub- mitted to the Inspectional Services Department for prior review and approval. Failure to continue to provide the security measures mandated by a security plan shall con- stitute a violation of this ordinance and be subject to en- forcement under Section 510.

(f) If, at any time following a finding of probable cause by the Commissioner of the Inspectional Services De- partment, the landlord of student housing changes the way in which the property is rented out. such that it is the landlord's position that the property no longer meets the definition of student housing, the landlord shall so notify the Commissioner in writing. The Commissioner shall investigate the landlord's claim and shall give notice of the same and an opportunity to respond to the complain- ing parties. Such investigation shall be completed within ten (10) days of receipt of the landlord's notice by the issuance of a notice determining whether the premises should continue to be treated as student housing subject to the provisions of this ordinance. Such notice shall be sent to the landlord of the student housing and to the com- plaining party or parties. Parties aggrieved by the Com- missioner's determination shall have the right to request a hearing from the Commissioner in a manner similar to that provided in G.L. c. 111. sec. 127B.

Section 508. Criteria for a Security Plan.

A security plan shall be based upon a crime prevention survey which has been completed by the Boston Police Department, and shall incorporate all of the elements recommended by the crime prevention survey for the ad- equate protection of the occupants and neighbors of the student housing, except as otherwise provided in Section 509. Each crime prevention survey shall include both findings as to the security needs of the occupants and neighbors of the student housing and recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, safety offi- cers, resident managers, security stations, security sys- tems, or other equipment, personnel, or programs. Each survey shall also include a one-page summary, on offi- cial Police Department stationery, itemizing the ele- ments recommended.

The landlord shall be responsible for arranging for a crime prevention survey by the Boston Police Depart- ment, and shall notify the Commissioner of the Inspec-

tional Services Department in writing at the same time that he requests such survey from the Boston Police De- partment. No fee shall be assessed to the landlord for such survey. The Boston Police Department shall carry out such crime prevention survey and provide a copy of the same to the landlord and the Inspectional Services Department upon completion, as provided for in Ordi- nance 1 1 . Chapter 1 of the City of Boston Code, as amended. Such surveys shall be completed within thirty (30) days of receipt of the landord's request for a crime prevention survey. Section 509. Process for Approval of a Security Plan.

(a) Approval of Security Plan Incorporating Security Measures Recommended by Crime Prevention Mea- sures Recommended by Crime Prevention Survey. Within thirty (30) days of the receipt of the crime pre- vention survey, the landlord shall prepare a security plan for approval by the Commissioner of the Inspectional Services Department. Such plan shall be deemed to be in full compliance within this ordinance provided that: (i) the security plan mandates, at the very least, the provi- sion of the security measures recommended in the crime prevention survey: and (ii) the parties whose complaint triggered the probable cause finding have not articulated security needs which are not adequately addressed by the survey or plan. If the crime prevention survey indicates that no security measures are needed additional to those already in effect at the student housing, the security plan shall be presumed to be sufficient so long as the landlord, in such plan, agrees to keep in effect all existing security measures: this presumption, however, may be rebutted by the complaining parties. In all cases, the complaining parties or their authorized representative must be given the opportunity to present their views to the Commis- sioner of the Inspectional Services Department at a hear- ing before the plan is accepted. The Commissioner shall insure that prior notice of such hearing, as well as a copy of the landlord's security plan and the crime prevention survey, are provided to the complaining parties or their authorized representative. Following the hearing, the Commissioner shall approve or modify the security plan, consistent with the recommendations of the crime pre- vention survey and the security needs articulated by the complaining parties. In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with a certified crime prevention officer from the Police Department, as provided for in Ordi- nance 1 1 . Chapter 1 of the City of Boston Code, as amended. The Commissioner's approval or modification shall be in the form of a written decision, and shall be furnished to all affected parties within ten (10) days of the hearing date.

(b) Petition for a Modified Security Plan: Approval Process.

Within thirty (30) days of receipt of the crime preven- tion survey, if the landlord of student housing disputes the need for any of the specific security measures recom- mended by the crime prevention survey, or the method or the timetable for carrying out security measures, based on the fiscal or contracting constraints that apply to the particular housing, then the landlord can petition the Commissioner of the Inspectional Services Department for permission to submit a modified security plan which does not encompass all of the security measures man- dated by the crime prevention survey. Such petition shall be accompanied by a proposed security plan. If a land- lord submits a petition for a modified security plan, the landlord shall have the burden to show how any of the specific security measures recommended in the crime prevention survey are unnecessary, or. given the fiscal or contracting constraints particular to the development, how changes are needed in the method or timetable for the implementation of security measures.

In all cases, the complaining parties or their authorized representatives must be given the opportunity to present their views to the Commissioner of the Inspectional

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Services Department at a hearing before the petition and plan is accepted. The Commissioner shall insure that prior notice of such hearing, as well as copy of the land- lord's security plan and the crime prevention survey, are provided to the complaining parties or their authorized representatives. Following the hearing, the Commis- sioner shall approve or modify the security plan, consist- ent with the recommendations of the crime prevention survey and the security needs articulated by the com- plaining parties.

Following the hearing, if the Commissioner of the In- spectional Services Department finds that: (i) any of the specific security measures recommended in the crime prevention survey are unnecessary to meet the security needs of occupants or neighbors of the stu- dent housing; or

(ii) within the fiscal or contracting constraints that ap- ply to the particular development, the landlord's pro- posed plan will provide a reasonable method or timeta- ble for meeting security needs, the Commissioner shall either approve the petition for a modified security plan or make such modifications to the plan as are necessary.

In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with a certified crime prevention officer from the Boston Police Department, as provided for in Ordinance 1 1 , Chapter 1 of the City of Boston Code, as amended. The Commis- sioner's approval or modification shall be in the form of a written decision, and shall be furnished to all affected parties within ten (10) days of the hearing date.

Section 510. Enforcement.

The Commissioner of the Inspectional Services De- partment shall notify the landlord of student housing in the event the housing is found to be in non-compliance with the provisions of Sections 506 through 509, and shall order compliance. Except as otherwise provided in Sections 506 through 509, said landlord shall have thirty (30) days from the date of notification in which to achieve compliance with the Commissioner's order. Upon the expiration of the thirty (30) day period, the landlord of student housing still in violation of the order shall be subject to a fine of $150.00. Each day's failure to comply with the order thereafter shall constitute a sepa- rate violation of the Commissioner's order. Orders shall be enforced in a manner similar to that provided for en- forcement of orders under Article II of the State Sanitary Code. Occupants and neighbors of student housing shall have the right to request investigation by the Commis- sioner of the Inspectional Services Department if they believe that a landlord of student housing has failed to comply with the provisions of Sections 506 through 509, and shall have the right to request a hearing from the Commissioner in a manner similar to that provided in G.L. c. Ill, sec. 127B if the Commissioner fails to re- spond to a request for investigation, if the Commissioner fails to make findings of noncompliance following an in- vestigation, or if the Commissioner fails to issue orders upon a finding of non-compliance.

SECTION TWO. AMENDMENT TO CITY OF BOSTON CODE. ORDINANCE 1 1 .

Section Two of Chapter 4 of the Ordinances of 1 989 is hereby amended by striking the section in its entirety and substituting the following:

The City of Boston Code, Ordinance 1 1 , Chapter 1 , as amended, is hereby further amended by adding a new section thereto, which shall be appropriately numbered by [he City Clerk:

The police commissioner shall designate such person- nel as he finds appropriate to undertake crime prevention surveys for elderly/handicapped multi-family housing developments and student housing, as provided for in Sections 500 through 510 of the City of Boston Code,

Ordinance 9, as amended. Such personnel shall be certi- fied as crime prevention officers by the Criminal Justice Training Council or any future body providing similar certification. Surveys for elderly /handicapped develop- ments shall be carried out on a phased basis parallel to that of the notices sent under Section 501 by the Commis- sioner of the Inspectional Services Department; surveys for student housing shall be carried out upon receipt of a request from the landlord of student housing. Such sur- veys shall be completed within thirty (30) days of receipt of the landlord's request for a crime prevention survey. Each crime prevention survey shall be on a form which is jointly developed by the police commissioner and the Commissioner of the Inspectional Services Department. Each completed survey shall include findings as to the security needs of the tenants/occupants of the housing and neighbors of such housing and recommendations as to how such needs shail be met through existing or new security measures, such as ligting, locks, safety officers, resident managers, security stations, security systems, or other equipment, personnel, or programs. Each sur- vey shall also include a one-page summary, on official Police Department stationery, itemizing the elements recommended.

No fee shall be assessed to the landlord by the police commissioner for conducting the crime prevention sur- vey, but such survey shall be carried out as a public serv- ice to the residents of the City of Boston. Upon comple- tion of each crime prevention survey, the police commissioner shall insure that a copy of the same is pro- vided to the landlord and the Commissioner of the In- spectional Services Department within thirty (30) days of receipt of the landlord's written request.

The police commissioner shall designate one or more certified crime prevention officers to assist the Commis- sioner of the Inspectional Services Department in the as- sessment of the adequacy of security plans, as provided for in Section 503 and 508 of the City of Boston Code, Ordinance 9, as amended. Such personnel shall be certi- fied by the Criminal Justice Training Council or a similar body as being properly qualified to carry out crime pre- vention surveys.

SECTION THREE. NON-LIABILITY OF THE CITY OF BOSTON.

The provisions of this ordinance shall not be construed to establish any duty on the part of the City of Boston greater than the City's general public duty to protect its citizens' health, safety, security and well-being. No de- termination by the Commissioner of the Inspectional Services Department or the Boston Police Department as to the adequacy of a landlord's security measures shall be construed as a warranty or guarantee of such security, and the sole responsibility for insuring that security mea- sures are adequate to protect occupants and neighbors from foreseeable harm or risk shall rest and remain with the owner of such property .

SECTION FOUR. SEVERABILITY.

The provisions of this ordinance are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or inva- lidity shall not affect the remaining provisions which re- main in full force and effect.

SECTION FIVE. EFFECTIVE DATE.

This ordinance shall lake effect upon passage. Referred to the Special Committee on University- Communitv Relations.

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APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1358)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 6, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, February 5, 1992:

Anthony Palomba, administrative assistant, $574.71 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1359)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 6, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, February 5, 1992:

Maureen Piraino, administrative assistant, $517.24 per week, full time, 35 hours.

Passed under suspension of the rules.

Councillor Travaglini: Yolanda Josephine Asaro (Docket No. 1361); G. Lowell Marks (Docket No. 1362).

Councillor Iannella: Louis R. O'Halloran (Docket No. 1363).

Councillors Salerno and Scondras: Declaring Novem- ber 1, 1991, "Mat Thall Day" (Docket No. 1364).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Salerno: Edoard Centofanti (Docket No. 1365); Domenico Susi (Docket No. 1366); Frank Susi (Docket No. 1367); Rose Mclntyre (Docket No. 1368); Elsie Frank (Docket No. 1369); Dorothey Bell (Docket No. 1370); Roy Knox (Docket No. 1371).

Councillor Scondras (for all Councillors): Mission Hill Summer Program (Docket No. 1372).

Councillor Yancey: Randall Robinson (Docket No. 1373); Martha Dunn (Docket No. 1374).

The matters contained within the Consent Agenda were severally adopted.

NEXT MEETING

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1360)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 6, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, February 5, 1992:

Kristine Luongo, secretary, $350.00 per week, full time, 35 hours.

Passed under suspension of the rules.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Coun. SCONDRAS moved that when the Council ad- journs today it be to meet again on Wednesday, Novem- ber 20, 1991, at 1 p.m.

The motion was carried.

Councillor O'NEIL moved that when the Council ad- journ today it be in memory of Police Officer Jeremiah J. Hurley, Jr., who gave his life for the people of Boston.

The motion was carried, and the Council stood for a moment of silence.

Adjourned at 1:25 p.m., in memory of Police Officer Jeremiah J. Hurley, Jr., on motion of Councillor O'Neil, to meet on Wednesday. November 20, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, November 20, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair. Absent, Councillor McLaughlin.

INVOCATION

President IANNELLA requested all present to stand for a moment of silent meditation, and the meeting was opened with the pledge of allegiance to the flag.

ORDER FOR CONFIRMATION OF REAPPOINT- MENT OF CONSUELO GONZALES THORNELL AS MEMBER OF BRA FOR TERM EXPIRING 9/17/96 (DOCKET NO. 1375)

The following was received:

City of Boston Office of the Mayor

October 30, 1991. To the City Council. Dear Councillors:

I transmit herewith for your confirmation an order re- garding the reappointment of Consuelo Gonzales Thornell of 38 Larchmont Street, Dorchester, as a mem- ber of the Boston Redevelopment Authority for a term expiring September 17, 1996. I am reappointing Ms. Thornell pursuant to the authority vested in me by Chap- ter 12 IB of the General Laws of the Commonwealth of Massachusetts, and subject to your confirmation. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That the reappointment of Consuelo Gon- zales Thornell as a member of the Boston Redevelop- ment Authority for a term expiring September 17, 1996 be and hereby is confirmed.

Referred to the Committee on Planning and Devel- opment.

DISAPPROVING PETITION OF LOUIS A SHUMAN, d/b/a PAN, FOR LICENSE TO OPERATE MO- TOR VEHICLES FOR CARRIAGE OF PASSEN- GERS FOR HIRE IN CITY OF BOSTON (DOCKET NO. 1171)

The following was received:

City of Boston Office of the Mayor

November 12, 1991. To the City Council. Dear Councillors:

On October 23, 1991 , your Honorable Body approved a petition, Docket No. 1171, from Louis A. Shuman for a license to operate motor vehicles for the carriage of passengers over public ways in the City of Boston. The petition was filed under the provisions of Chapter 159A of the General Laws. Based upon a recommendation from the City's Transportation Department, which con- ducted a review of the petition, I will not be approving the petition.

The petition does not contain sufficient information to conduct a full evaluation of the proposed service. Nei- ther the precise starting points nor the exact streets to be travelled on any of the four proposed routes are pro- vided. In addition, the petition does not state whether passengers will be indiscriminately received and dis- charged along the routes or whether passengers will be transported between fixed and regular termini along the routes. Because most of those streets that were desig- nated as routes have parking restrictions which prohibit stopping and standing, the receiving or discharging of passengers in restricted areas would be unlawful. Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Assigned for further action.

CERTAIN INFORMATION UNDER SECTION 17F RE DEPARTMENTS LOCATED OUTSIDE CITY HALL (DOCKET NO. 1376)

The following was received:

City of Boston Office of the Mayor

November 8, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on February 13, 1991, regard- ing departments located outside of City Hall, please find the attached response.

Sincerely,

Raymond L. Flynn, Mayor.

(Annexed hereto is the documentation referred to.) Placed on file.

CERTAIN INFORMATION UNDER SECTION 17F RE LINKED DEPOSIT BANKING (DOCKET NO. 1377)

The following was received:

City of Boston Office of the Mayor

November 19, 1991. To the City Council. Dear Councillors:

Relative to a Section 17F information request, passed by your Honorable Body on June 5, 1991, regarding Linked Deposit Banking, please find the attached re- sponse.

Because of the volume of information included in the Linked Deposit Banking Report the response has been

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filed with the City Clerk. At my direction the Commu- nity Banking Commission has compiled a comprehen- sive and thorough report on this critical issue. Sincerely,

Raymond L. Flynn, Mayor.

On motion of Coun. YANCEY, Docket No. 1377 was remanded to the Mayor.

Department for the purposes of the Eastern Regional Li- brary.

031-110-1012, Eastern Regional Public Library, $227,035.09.

On motion of Coun. MENINO, the rules were sus- pended; the order was passed.

APPROPRIATION OF $548,854.06 FOR LIBRARY OF LAST RECOURSE (DOCKET NO. 1378)

The following was received:

City of Boston Office of the Mayor

November 19, 1991. To the City Council. Dear Councillors:

I am submitting herewith an appropriation order in the amount of $548,854.06 covering reimbursement for the Library of Last Recourse for the period July 1, 1991 through September 30, 1991 .

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor.

Ordered: That in addition to the appropriations hereto- fore made, to meet salary expenses in the Library De- partment in the fiscal period commencing July 1, 1991 through September 30, 1991 that the sum of five hundred forty-eight thousand eight hundred fifty-four dollars and six cents ($548,854.06) be, and the same hereby is ap- propriated, said sum to be met from the Commonwealth of Massachusetts under G.L. Ch. 79, Sec. 19C as amended by Ch. 636 Acts of 1970:

011-110-0110, Library Department, Personal Serv- ices, $548,854.06.

On motion of Coun. MENINO, the rules were sus- pended; the order was passed.

APPROPRIATION OF $227,035.09 FOR EASTERN REGIONAL LIBRARY (DOCKET NO. 1379)

The following was received:

City of Boston Office of the Mayor

November 19, 1991. To the City Council. Dear Councillors:

I transmit for your approval an appropriation order in the amount of $227,035.09 for the Eastern Regional Li- brary from funds currently held by the Collector- Treasurer.

I respectfully recommend adoption of this order by your Honorable Body.

Very truly yours,

Raymond L. Flynn, Mayor.

Ordered, That from State funds received by the City under Chapter 78, s. 19 of the Massachusetts General Laws and held by the Collector-Treasurer, the sum of two hundred twenty-seven thousand thirty-five dollars and nine cents ($227,035.09) be, and hereby is appropri- ated to the Board of Trustees in charge of the Library

ORDER DECLARING SURPLUS CERTAIN PROP- ERTY RIGHTS ON AND BENEATH LONG IS- LAND AND TRANSFERRING CARE, CUS- TODY, MANAGEMENT AND CONTROL THEREOF TO PUBLIC FACILITIES COMMIS- SION (DOCKET NO. 1380)

The following was received:

City of Boston Office of the Mayor

November 18, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order to de- clare surplus certain property rights on and beneath Long Island and to transfer the care, custody, management and control to the Public Facilities Commission.

The Massachusetts Water Resources Authority ("MWRA") is in the process of preparing the construc- tion of a wastewater treatment tunnel between Nut Island and Deer Island. The tunnel will transport wastewater and will be at a depth of 200 to 300 feet below sea level . A portion of the planned tunnel is below the northerly side of Long Island.

On October 30, 1990, the City granted an easement beneath Long Island for the construction of the tunnel. The MWRA has agreed to design and construct, at its own expense, a vertical drop shaft which will convey sanitary wastewater from Long Island Hospital directly to the tunnel. In order to construct the drop-shaft it is necessary to grant this limited surface and vertical ease- ment. The creation of the tunnel will have no impact upon Long Island and the surface area required for the drop shaft is minimal and will not interfer with current or prospective uses.

The property rights are currently not vested in any spe- cific department. In order to grant the easement sought by the MWRA the City Council must surplus the rights and then transfer the care, custody, management and control to the Public Facilities Commission.

I urge your Honorable Body to pass this order as expe- ditiously as possible so that the Public Facilities Com- mission can grant the requested easement. Respectfully,

Raymond L. Flynn, Mayor.

Whereas, The City of Boston (the "City") is the owner of a certain parcel of land with the buildings thereon located in the area of Boston Harbor, known and entitled Long Island, and being the same premises de- scribed in Suffolk County Registry of Deeds in Book 7940, Page 308; and

Whereas, The Massachusetts Water Resources Au- thority, a body politic and corporate and a public instru- mentality of the Commonwealth created by Chapter 372 ofthe Acts of 1984 (the "MWRA") desires, for the ben- efit of the public, to excavate, construct, operate and maintain a tunnel between 200 and 300 feet below sea level, entirely within bedrock, between Nut Island in Quincy and Deer Island in Boston for the purpose of transporting wastewater for treatment at the new second- ary wastewater treatment facility to be located on Deer Island; and

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281

Whereas, On October 30, 1990, the City granted a sub-surface easement beneath Long Island, allowing the MWRA to construct the tunnel; and

WHEREAS, The MWRA, at its own expense, now desires to construct a drop shaft which will directly de- posit sanitary wastewater from Long Island Hospital di- rectly into the tunnel, therefy benefitting the City; and

Whereas, The MWRA has already awarded the con- tract for the design; and

Whereas, It is necessary to grant an easement to con- struct the drop-shaft; now, therefore, be it

Ordered, That the surface and sub-surface rights de- scribed on a plan entitled "Drop Shaft Easement, Long Island - Boston Harbor, Boston, Massachusetts" by Bar- rientos & Associates, Inc. , annexed hereto as Exhibit A, and more particularly described as follows: Beginning at a certain point described as ' 'Point One" on said plan, as shown in "Detail C - Bearing & Distance of Permanent Easement" of said plan; THENCE S 55 OF 52.4" E SIXTY AND SEVEN HUNDRED AND NINETY-FOUR ONE-THOUSANDTHS FEET (60.794'); THENCE

N 34 58' 07.6" E THIRTY-FIVE FEET (35.00'); THENCE

N 55 01' 52.4" W TWENTY FEET (20.00'); THENCE S 34 58' 07.6' W TWENTY FEET (20.00'); THENCE N 55 01' 52.4" W FORTY AND FOUR HUNDRED- FORTY-NINE ONE-THOUSANDTHS FEET (40.449') to "Point Two" on said plan; THENCE S 36 17' 18" W FIFTEEN AND FOUR ONE- THOUSANDTHS FEET (15.004*) back to the "Point One".

Including the easement area, having a twenty foot (20.0') square dimensional boundary and containing the twelve inch (12") diameter drop shaft, as shown on "Detail C" of said plan, extending vertically from the existing grade of said easement area to the point of inter- section with the inter-Island Tunnel Subsurface Ease- ment, as shown on said plan, and as more fully described in a Grant of Easement dated October 30,1 990 , recorded with Suffolk Deeds at Book 16595, Page 216. are hereby found to be surplus within the meaning of St. 1909, c. 486, Section 3 IB (as appearing in St. 1966, c. 642, Section 12) and the care, custody, management and control are hereby transferred to the Public Facilities Commission.

Coun. McCORMACK moved passage of the order un- der suspension of the rules.

On motion of Coun. O'NEIL, the order was referred to the Committee on Planning and Development.

ORDER AUTHORIZING SHERIFF OF SUFFOLK COUNTY TO ACCEPT AND EXPEND GRANT NOT TO EXCEED $49,000 FROM MASSACHU- SETTS COMMITTEE ON CRIMINAL JUSTICE (DOCKET NO. 1381)

The following was received:

City of Boston Office of the Mayor

November 12, 1991. To the City Council. Dear Councillors:

I am submitting herewith an appropriation order al- lowing the Sheriff of Suffolk County to accept and ex- pend a grant from the Massachusetts Committee on Criminal Justice in an amount not to exceed $49,000.

I respectfully recommend adoption of this order by your Honorable Body.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the Sheriff of Suffolk County, acting on behalf of the County of Suffolk, be and hereby is autho- rized to accept and expend an amount not to exceed forty- nine thousand dollars ($49,000) for the operation of an Accountability Training Program for the period of July 1, 1991 through June 30, 1992. These federal funds are made available to the County through the Massachusetts Committee on Criminal Justice pursuant to the Anti- Drug Abuse Act of 1988.

030-811-9275, Sheriff Department, $49,000.

Referred to the Committee on Public Safety.

ORDER AUTHORIZING COMMISSIONER ON AF- FAIRS OF ELDERLY TO APPLY FOR, AC- CEPT, AND EXPEND GRANT OF $25,000 FROM ADMINISTRATION ON AGING (DOCKET NO. 1382)

The following was received:

City of Boston Office of the Mayor

October 9, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order autho- rizing the Commissioner on Affairs of the Elderly to ap- ply for, accept, and expend grant funds in the amount of twenty-five thousand dollars ($25,000) from the Admin- istration on Aging.

These funds are made available to the City by the United States Department of Health and Human Services under Title IV of the Older Americans Act of 1965 and will be used for the operation for the administrative com- ponents of Project Care, a program for Community Action and Coalition Building. I urge your Honorable Body to pass this order. Respectfully,

Raymond L. Flynn, Mayor.

Ordered, That approval be, and hereby is given to the application for, acceptance of, and also, in accordance with Section 53 A of Chapter 44 of the General La ws , for the expenditure of grant funds in the amount of twenty- five thousand dollars ($25,000) for the period September 30, 1991 through February 28, 1993, by the City of Boston, acting through its Commissioner on Affairs of the Elderly, for the operation of Project Care, a program for Community Action and Coalition Building. These funds are made available to the city by the United States Department of Health and Human Services under Title IV of the Older Americans Act of 1965 (Public Law 89- 73) and are distributed in turn to the City by the Adminis- tration on Aging.

Referred to the Committee on the Elderly.

ORDER AUTHORIZING COMMISSIONER OF TRANSPORTATION TO ACCEPT AND EX- PEND GRANT OF $30,000 FROM NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRA- TION (DOCKET NO. 1383)

The following was received:

City of Boston Office of the Mayor

October 30, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order that au- thorizes the City of Boston to accept and expend a grant

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of thirty thousand dollars ($30, 000) from the National Highway Traffic Safety Administration to provide par- tial funding of the community pedestrian safety project that is being undertaken by the Transportation Depart- ment.

I urge your Honorable Body to pass this order as soon as possible, so that the City can receive and expend the funds expeditiously.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the City of Boston, acting by and through its Transportation Commissioner, be, and hereby is authorized, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws, to accept and expend a grant in the amount of thirty thousand dol- lars ($30,000) from the National Highway Traffic Safety Administration to provide partial funding of the commu- nity pedestrian safety project that is being undertaken by the Transportation Department.

Referred to the Committee on Commerce and Transportation.

ORDER AUTHORIZING COMMISSIONER OF TRANSPORTATION TO ACCEPT AND EX- PEND GRANT OF $355,000 FROM MASSA- CHUSETTS DEPARTMENT OF PUBLIC WORKS, INCREASING ORIGINAL GRANT OF $972,000 WHICH COUNCIL VOTED TO AC- CEPT AND EXPEND 2/6/91 (DOCKET NO. 1384)

The following was received:

City of Boston Office of the Mayor

November 8, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order to ac- cept and expend a $355,000 grant from the Massachu- setts Department of Public Works. These monies are an increase to the original grant of $972,000 which the Council voted to accept and expend February 6, 1991.

I urge your Honorable Body to pass this order as expe- ditiously as possible.

Very truly yours,

Raymond L. Flynn, Mayor.

Whereas, On February 6, 1991, the City Council passed an order authorizing the City of Boston to accept and expend a grant of $972,000 from the Massachusetts Department of Public Works, which Order was ap- proved by the Mayor on February 11, 1 99 1 ; and

Whereas, On September 26, 1991, the Massachusetts Department of Public Works increased the amount of the grant by providing additional funds for public health and safety services; now, therefore, be it

Ordered, That the City of Boston, acting by and through its Transportation Commissioner be and hereby is authorized, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws, to accept and ex- pend an additional three hundred fifty-five thousand dol- lars ($355,000) under an Order, passed by the City Council on February 6, 1991 and approved by the Mayor on February 11, 1991, which authorized that a grant from the Massachusetts Department of Public Works be accepted and expended.

Referred to the Committee on Environment and Public Works.

ORDER AUTHORIZING TRANSPORTATION COMMISSIONER TO ACCEPT AND EXPEND GRANT OF $22,000 FROM MASSACHUSETTS GOVERNOR'S SAFETY BUREAU (DOCKET NO. 1385)

The following was received:

City of Boston Office of the Mayor

November 12, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order that au- thorizes the City of Boston to accept and expend a grant of twenty-two thousand dollars ($22,000) from the Massachusetts Governor's Highway Safety Bureau for the purpose of funding a community traffic safety pro- gram, entitled KEEP BOSTON MOVING SAFELY, to promote motor vehicle occupant protection, pedestrian and bicycle safety, and to reduce incidences of drunk driving.

I urge your Honorable Body to pass this order as soon as possible so that the City can receive and expend the funds expeditiously.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the City of Boston, acting by and through its Transportation Commissioner, be, and hereby is authorized, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws, to accept and expend a grant in the amount of twenty-two thousand dollars ($22,000) from the Massachusetts Governor's Highway Safety Bureau for the purpose of funding the community traffic safety program entitled "KEEP BOSTON MOVING SAFELY."

Referred to the Committee on Commerce and Transportation.

ORDER AUTHORIZING TRANSPORTATION COMMISSIONER TO ACCEPT AND EXPEND GRANT OF $35,000 FROM PRUDENTIAL IN- SURANCE COMPANY TO FUND TRAFFIC STUDY IN SOUTH END (DOCKET NO. 1386)

The following was received:

City of Boston Office of the Mayor

October 30, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order that au- thorizes the City of Boston to accept and expend a grant of thirty-five thousand dollars ($35,000) from the Pru- dential Insurance Company, for the purpose of funding a traffic study in the South End in connection with the re- construction and expansion of the Prudential Center.

I urge your Honorable Body to pass this order as soon as possible so that the City can receive and expend the funds expeditiously.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That the City of Boston, acting by and through its Transportation Commissioner, be, and hereby is authorized, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws, to accept and expend a grant in the amount of thirty-five thousand dollars ($35,000) from the Prudential Insurance Com-

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pany, for the purpose of funding a traffic study in the South End in connection with the reconstruction and ex- pansion of the Prudential Center.

Referred to the Committee on Commerce and Transportation.

ORDER APPROVING ISSUANCE OF TAXABLE REVENUE BONDS IN PRINCIPAL AMOUNT NOT TO EXCEED $125,000,000 FROM BIDFA FOR FINANCING OF FACILITIES TO BE OWNED BY SUBPARCEL 1A ASSOCIATES LIMITED PARTNERSHIP INCLUDING BUT NOT LIMITED TO BRIGHAM AND WOMEN'S HOSPITAL, BETH ISRAEL HOSPITAL AND HARVARD UNIVERSITY (DOCKET NO. 1387)

The following was received:

City of Boston Office of the Mayor

November 1, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order to ap- prove the issuance of taxable revenue bonds in a princi- pal amount not to exceed $125,000,000. The Boston In- dustrial Development Financing Authority (BIDFA) 's Board of Directors, acting pursuant to the provisions of Chapter 40D of the Massachusetts General Laws, adopted a favorable resolution with respect to the financ- ing of these facilities to be owned by Subparcel 1 A Asso- ciates Limited Partnership and used by certain organiza- tions including but not limited to Brigham and Women's Hospital, Beth Israel Hospital and Harvard University.

It is proposed that the project will consist of the acqui- sition of a portion of the former Sears Distribution Facil- ity (approximately 300,000 rentable square feet) in the Fenway located thereon, and the improvement thereof, for use in facilities conducting medical and biomedical research and development and related activities.

I urge your Honorable Body to pass this order as expe- ditiously as possible so that this important project may proceed as described.

Respectfully,

Raymond L. Flynn, Mayor.

Whereas, The City of Boston, Massachusetts, acting by and through the Boston Industrial Development Fi- nancing Authority (the "Authority"), is empowered pursuant to Chapter 40D of the Massachusetts General Laws as amended (the "Act") to assist in the financing of facilities to be used in connection with research and development, which constitute industrial development facilities (as that term is defined in the Act), facilities necessary or desirable in connection therewith and facili- ties used in connection with an industrial enterprise (as that term is defined in the Act) to be used by certain orga- nizations including but not limited to Brigham and Wom- en's Hospital, Inc., Beth Israel Hospital Association and the President and Fellows of Harvard College (the "Us- ers"); and

Whereas, There has been proposed for the City of Boston (the "City") the acquisition, construction and improvement of certain facilities to be owned by Subpar- cel 1A Associates Limited Partnership, (the "Bor- rower' ') consisting of the acquisition of and the redevel- opment of Unit 1 A in the Olmsted Plaza Condominium, consisting of a portion of the former Sears Distribution Center in the Fenway and the improvement thereof, for use in facilities conducting medical and biomedical re-

search and development and related and ancillary activi- ties (the "Project"); and

Whereas, The Borrower has expressed its willingness to make payments sufficient to pay the principal of and interest on revenue bonds of the City issued to pay costs of the Project (the "Bonds") and current expenses, if any, of the City incurred in connection therewith and that it will reimburse the City for, or indemnify the City against, any expenses or costs incurred by the City in the event that the issuance and sale of the Bonds are not ac- complished as contemplated; and

Whereas, The Project costs to be financed in whole or in part by the Bonds are not expected to exceed $125,000,000; and

Whereas, The Borrower has requested the City to issue revenue bonds from time to time under the Act to fi- nance, in whole or in part, costs of the Project; and

Whereas, The financing of the Project under the provi- sions of the Act appears feasible; and

Whereas, The Project, upon completion as projected by the Borrower, will provide a substantial public bene- fit; and

Whereas, the Borrower and the Users have undertaken or will undertake to cooperate with public and commu- nity agencies engaged in manpower recruitment and training to pursue as a goal, to the extent consistent with state and federal law, and to the extent appropriate to this Project, the furnishing of at least 50 percent of new jobs at said Project to City residents, at least 25 percent of new jobs to minorities and at least 25 percent of new jobs to women, except with respect to construction contracts and subcontracts the goals are at least 50 percent of its workforce bona fide Boston residents, at least 25 percent minorities and at least 15 percent women; and

Whereas, The City, by adopting the order set forth herein or by taking any other action in connection with the Project, does not and cannot provide any assurance that the Project or the Borrower is financially viable or sound, that amounts on any debt issued on behalf of the Borrower for the Project will be paid, that any collateral which may be pledge to secure such debt would be suffic- ient to repay holders of such debt in the event of a default, or that interest on the bonds will be exempt from federal or Massachusetts income taxation; and neither the Bor- rower nor any prospective purchaser of such debt nor any other person shall rely upon the City with respect to such matters; now, therefore, be it

Ordered:

Section 1 . Purpose of Order. This order is intended to be inducement for the Borrower to construct and install the Project.

Section 2. Agreement. The Council approves the Pro- ject and the estimated cost to be financed by the Bonds. The Council further authorizes the issuance of revenue bonds from time to time under the Act, in one or more series, in an aggregate principal amount not to exceed $ 1 25 ,000,000 to finance the Project and the costs of issu- ance of such Bonds, subject to all requirements of the Act.

The revenue bonds hereby authorized to be issued shall not constitute a general obligation of the City or a pledge of its faith and credit and taxing power.

On motion of Coun. McCORMACK the rules were suspended; the order was passed.

Coun. BYRNE doubted the vote and asked for a rollcall.

On motion of Coun. IANNELLA the question first came on suspension of the rules.

The rules were suspended, yeas 12, nays 0:

Yeas — Councillors Boiling, Byme, Hennigan Casey, Iannella, Kelly, McCormack, Menino, O'Neil, Salerno, Scondras, Travaglini, Yancey — 12.

Nays — 0.

The order was passed.

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ORDER APPROVING AMENDMENT OF KEN- MORE SQUARE CARD TO FACILITATE FI- NANCING OF CERTAIN PROJECTS, SUCH AS RESEARCH CENTER AT OLMSTED PLAZA (DOCKET NO. 1388)

The following was received:

City of Boston Office of the Mayor

November 7, 1991. To the City Council. Dear Councillors:

I enclose herewith an Order approving the amendment of the Kenmore Square Commercial Areal Revitalization District (herein referred to as the CARD) to include the properties attached in accordance with Chapters 40D and 23D, Massachusetts General Laws.

The proposed amendment will facilitate the financing of certain projects, such as the Research Center as Olmsted Plaza, through the use of industrial develop- ment bonds and will enable the City to advance its eco- nomic development agenda.

I urge you to adopt this Order as soon as possible so that proposed development for the properties can seek Industrial Revenue Bond Financing. Sincerely,

Raymond L. Flynn, Mayor.

Whereas, In accordance with Chapters 40D and 23D, Massachusetts General Laws, The Commonwealth of Massachusetts acting by and through the Secretary of Communities and Development may approve Comercial Area Revitalization District Plans (herein referred to as CARD Plans); and

Whereas, Such approval is a precondition for the use of various financial mechanisms for commercial devel- opment that would be in the public interest of the citizens of Boston; and

Whereas, The addition of the properties the bounda- ries of which are described in Section 3 of the Applica- tion, would further the redevelopment of the Kenmore Square CARD and assist in meeting the objectives of the CARD Plan

NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL:

1 . That the Kenmore Square (herein referred to as the CARD) Commercial Area Revitalization District amendment is hereby approved.

2. The said amendment be submitted to the Secretary of Communities and Development for approval.

Passed under suspension of the rules.

COMMUNICATION TRANSMITTING BRA FILING RE 121 A PROJECT (DOCKET NO. 1391)

Communication was received from the City Clerk of the filing by the Boston Redeveloping Authority of the "Report and Decision on the Application for Approval of Olmsted Plaza Associates and the Subparcel 1A Asso- ciates Limited Partnership to Undertake a Chapter 121 A Project."

Placed on file.

QUARTERLY MANAGEMENT REPORT FROM BOSTON HOUSING AUTHORITY (DOCKET NO. 1392)

The Quarterly Management Report for September 1991 was received from the Boston Housing Authority. Referred to the Committee on Housing.

APPROVAL OF CONSTABLE'S BOND (DOCKET NO. 1393)

The Constable's Bond of Paul L. Burns, having been duly approved by the Collector-Treasurer, was received and approved.

NOTICES FROM DEPARTMENT OF PUBLIC UTILITIES

Notice was received from the Department of Public Utilities of a hearing on December 4, 1991, re: Event Cellular Communication/Shared Technologies, Inc. (Docket No. 1394).

Notice was received from the Department of Public Utilities of a hearing on December 16, 1991, re: Contact Communications of Mass., Inc. (Docket No. 1395).

Severally placed on file.

COMMUNICATION RE PROJECT CHANGE, THE HOPE DEPOT, WEST ROXBURY (DOCKET NO. 1396).

Communication was received from Timothy L. Tim- mermann, Beals and Thomas, Inc. re: Project Change — The Home Depot, West Roxbury.

Referred to the Committee on City and Neighbor- hood Services.

ABSENCE OF THE MAYOR (DOCKET NO. 1389)

Notice was received by the City Clerk from the Mayor of his absence from the City on November 8, 1991 to November 10, 1991.

Placed on file.

ABSENCE OF THE MAYOR (DOCKET NO. 1390)

Notice was received by the City Clerk from the Mayor of his absence from the City on November 13, 1991 to November 14, 1991.

Placed on file.

COMMUNICATION FROM CITY CLERK RE SEC- TION 123 OF CHAPTER 138 OF ACTS OF 1991 (DOCKET NO. 1397).

The following was received:

Office of the Clerk

November 12, 1991. To the City Council. Councillors:

The City Clerk is in receipt of the attached information regarding Section 123 of Chapter 138 of the Acts of 1991.

Very truly yours,

Patrick F. McDonough, City Clerk. (Annexed hereto is the documentation referred to.) Referred to the Committee on Government Opera- tions.

NOVEMBER 20, 1991

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Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meetings of October 23, 1991 (Docket No. 1398) and October 30, 1991 (Docket No. 1399).

Severally placed on file.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that four late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The four matters were added to the Agenda to be indi- vidually considered.

REPORT ON ORDER APPROVING PETITION FOR SPECIAL LAW AUTHORIZING CITY TO CON- VEY CERTAIN PARCELS OF LAND ON LA- MARTINE STREET IN ROXBURY (DOCKET NO. 1193).

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No. 1193, message of the Mayor and order approving a petition for a special law authoriz- ing the City to convey certain parcels of land on Lamar- tine Street in Roxbury and West Roxbury (referred Octo- ber 2) recommending passage of the order in the following new draft:

Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause ( 1 ) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerioal or editorial errors.

Changes of form only :

Section 1. Notwithstanding the provisions of any gen- eral or special law to the contrary, the mayor of the city of Boston is hereby authorized to execute and deliver an instrument in writing conveying all of the city's right, title and interest in seventeen (17) parcels of land situated on Lamartine Street in the Roxbury and West Roxbury districts of the city of Boston, being shown as follows:

1. Parcel 111-6, comprising seven hundred thirty- seven (737) square feet, more or less;

2. Parcel 111-5, comprising six hundred sixty (660) square feet, more or less;

3. Parcel 111-9, comprising two thousand four hun- dred eleven (2,41 1) square feet, more or less;

4. Parcel 111-10, comprising one thousand six hun- dred fifty ( 1 ,650) square feet, more or less;

5. Parcel 111-11, comprising one thousand three hun- dred ninety (1 ,390) square feet, more or less;

6. Parcel 1 1 1-12, comprising five hundred thirty (530) square feet, more or less;

7. Parcel 111-13, comprising two hundred seventy- nine (279) square feet, more or less;

8. Parcel 111-14, comprising one hundred (100) square feet, more or less;

9. Parcel 111-15, comprising fifty-six (56) square feet, more or less;

10. Parcel 111-16, comprising five hundred twenty- nine (529) square feet, more or less;

11. Parcel 111-17, comprising one hundred twenty (120) square feet, more or less;

12. Parcel 111-18, comprising three thousand five hundred (3,500) square feet, more or less;

13. Parcel 111-19, comprising eight hundred (800) square feet, more or less;

14. Parcel 111-20, comprising five hundred ninety (590) square feet, more or less;

15. Parcel 111-21, comprising two hundred seventy (270) square feet, more or less;

16. Parcel 111-22, comprising sixty-one (61) square feet, more or less; and

17. Parcel 111-23, comprising one (1) square foot, more or less; on a plan entitled "City of Boston Public Works Department Engineering Division Discontinu- ance Plan, Lamartine Street, Atherton Street, Roxbury and West Roxbury, May 9, 1988, Gordon E. Barnes, Division Engineer' ' to the abutting owners of such parcel upon petition thereof, for a nominal consideration. Each instrument in writing shall require the approval of the corporation counsel of the city of Boston, but shall re- quire no further approval.

Section 2. This act shall take effect upon its passage.

The report was accepted.

Coun. HENNIGAN CASEY moved that any refer- ences to Parcels 111-5 and 111-6 be deleted from the order.

The motion was not carried, yeas 5, nays 7;

Yeas — Councillors Hennigan Casey, Salerno, Scon- dras, Travaglini, Yancey — 5.

Nays — Councillors Boiling, Byrne, Iannella, Kelly, McCormack, Menino, O'Neil — 7.

The order in the new draft was passed.

REPORT ON ORDER AUTHORIZING CITY TO AC- CEPT AND EXPEND EQUAL EDUCATION OP- PORTUNITY GRANT (EEOG) OF $5,884,371 (DOCKET NO. 1268).

Coun. MENINO, on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 1268, message of the Mayor and order authorizing the City to accept and expend an Equal Education Opportunity Grant (EEOG) of $5,884,371 (referred October 23) recommending pas- sage of the order.

The report was accepted; the order was passed.

Couns. O'NEIL and KELLY requested that they be recorded as voting in the negative on the foregoing or- der.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1431)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, November 20, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, February 19, 1992:

Brian J. Fish, Adm. Asst., $609.78 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1432)

Coun. IANNELLA offered the following: Ordered, That effective Wednesday, November 20, 1991 the following-named person be, and hereby is, ap-

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pointed to the position set against his name until Wednes- day, February 19, 1992:

Daniel DeSantis, Secretary, $609.78 per week, full time, 35 hours.

Passed under suspension of the rules.

RESOLUTION OPPOSING PRIVATIZATION OF MASSPORT AND REQUESTING GOVERNOR NOT PURSUE IDEA OF PRIVATIZATION (DOCKET NO. 1400).

Coun. TRAVAGLINI offered the following:

Whereas, Years of Massport efforts to safeguard the quality of life in its host communities of East Boston, Winthrop, South Boston, Charlestown and Chelsea would be lost with private ownership. Private owners would not make payments to local education and youth organizations; would not build parks and green space; would not be eligible for millions in federal F.A.A. grants to soundproof schools and homes; would not sub- sidize Logan Express "park and ride" bus services from the suburbs to keep traffic off local streets; and would not take the environmental initiative to delead backyards near and around the Tobin Bridge; and

Whereas, Safety has always been Massport 's number one priority at Logan. Safety is the main reason, Mas- sport is hiring fifteen additional firefighters and invest- ing over twelve million dollars for a new fire training facility, new fire stations, and a new satellite fire station. Private owners would be ineligible to use the federal grants and tax bonds that fund such safety improve- ments; Now Therefore Be It

Resolved, That The Boston City Council in meeting assembled, opposes the privatization of Massport and re- spectfully requests that Governor Weld and his adminis- tration not pursue the idea of privatization.

On motion of Coun. BYRNE, the resolution was re- ferred to the Special Committee on Intergovern- mental Relations.

ORDER THAT RESIDENTIAL EXEMPTION IN AMOUNT OF VALUE EQUAL TO 20 PERCENT OF AVERAGE ASSESSED VALUE OF ALL CLASS ONE-RESIDENTIAL PARCELS IN CITY BE APPROVED FOR FY92 (DOCKET NO. 1401).

Coun. IANNELLA offered the following:

Whereas, Boston residents were in the forefront of the successful effort to amend the state constitution to allow classification of properties for the purpose of taxation, and,

Whereas, Since adopton of the amendment, this Coun- cil, by policy, has utilized classification to tax residential properties at the lowest level permitted by statute, and,

Whereas, This policy, and the Council's annual action to declare a residential exemption in the greatest amount permitted by the General Laws has resulted in substantial protection — and substantial savings — for both home- owners and tenants from the effects of revaluation, and,

Whereas, Action in this regard for Fiscal Year 1992 must be taken prior to certification of the tax rate by the Department of Revenue, therefore be it

Ordered, That pursuant to General Laws, Chapter 40, Section 56, the residential factor in the City of Boston for the Fiscal Year 1992 shall be the minimum residential factor as determined by the Commissioner of Revenue pursuant to Mass. General Laws, Ch. 58, s. 1A, and, be it further

Ordered: That pursuant to General Laws, Chapter 59, Section 5C, a residential exemption in the amount of value equal to twenty (20%) percent of the average as- sessed value of all Class One-Residential parcels in the City of Boston, be, and hereby is, approved for Fiscal Year 1992.

Referred to the Committee of the Whole.

COMMITTEE ON HOUSING TO HOLD HEARING FORTHWITH RE ABSENTEE-OWNED CON- DOMINIUMS (DOCKET NO. 1402).

Couns. MENINO, McLAUGHLIN, and TRAVAGLINI offered the following:

Whereas, Condominiums represent a significant por- tion of Boston's housing stock.

Whereas, The majority of Boston's condominiums are investment-oriented and are not owner-occupied.

Whereas, The number of absentee-owned units enter- ing foreclosure process has doubled each year for the past three years.

Whereas, Routine maintenance of these units, major capital repairs, and payment of utilities have been ig- nored due to non-payment of condominium association dues by absentee-owners, putting these buildings at risk of permanent deterioration.

Whereas, Legislation is currendy pending to amend MGLA C. 183 A (Condominium Enabling Statute): now therefore be it

Ordered, That the Committee on Housing hold a hear- ing forthwith and that the appropriate people be invited to give testimony.

Referred to the Committee on Housing.

ORDER REQUESTING CERTAIN INFORMATION UNDER SECTION 17F RE ENDICOTT SCHOOL (DOCKET NO. 1403).

Couns. SCONDRAS and O'NEIL offered the follow- ing:

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1. How many uncertified substitutes are currendy teaching at Endicott School?

2. Name each uncertified substitute who has taught at Endicott School for more than one week consecutively since 1989 and the length of their term.

3. How many teachers were at Endicott School in September 1989?

4. Of the number in question 3, how many of these teachers are currendy at Endicott School?

5 . Name each of the teachers enumerated in question 4.

6. How many teachers left Endicott School at the end of the 1988-89 school year? At the end of 1989-90 school year?

7. Of the teachers who left in 1988-89 and 1989-90. What reason did each teacher give for their departure?

8. Have any complaints been filed against Mr. Bag- ley, the principal of Endicott School since his arrival at the school in 1990?

9. If the answer to question 8 is yes, what was the basis of each complaint and how was each complaint fi- nally resolved?

10. Have any complaints been filed against Mr. Bagley (other than those in question 8) since his hiring as an administrator in the Boston Public Schools?

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11. If the answer to question 10 is yes, what was the basis of each complaint and how was each complaint fi- nally resolved?

12. What action was taken regarding the allegation of emotional maltreatment of a fifth grade student by Dr. Ronald Bagley , which was supported by the Department of Social Services?

13. What resolution was reached regarding the situa- tion mentioned in question 12?

14. Recently Marie Sweatt, a substitute teacher at En- dicott School, alleged that Dr. Ronald Bagley pulled her down some stairs in the presence of her third grade stu- dents. What action has your department taken in this matter?

15. Are you aware of any complaints filed with the Teachers Union against Dr. Ronald Bagley since his ar- rival at the Endicott School?

16. What was the reason for Dr. Ronald Bagley's de- parture from the Lucy Stone School and his transfer to the Endicott School?

17. How many teachers are currently on a leave of absence from the Endicott School?

18. What is the reason given by each teacher for their leave?

Passed under suspension of the rules.

ORDER THAT COMMITTEE ON PUBLIC EDUCA- TION HOLD HEARING TO INVESTIGATE RE- PORTED PROBLEMS AT ENDICOTT SCHOOL (DOCKET NO. 1416).

Couns. SCONDRAS and O'NEIL offered the follow- ing:

Whereas, Members of the Boston City Council have been approached by parents and teachers of the Endicott School; and

Whereas, The parents and teachers are concerned about reported problems at the school, including but not limited to: a loss of students, high turnover of faculty, harassment of teachers, and an allegation of emotional maltreatment of a fifth grader by, Dr. Bagley, the princi- pal during the 1989-90 school year, which was supported by the Massachusetts Department of Social Services; and

Whereas, These problems seem to have developed with the arrival of Dr. Ronald M. Bagley, principal of Endicott School since January 1990; and

Whereas, The School Department has been made aware of these serious problems but we have been unable to ascertain what if any action has been taken to remedy the situation; and

Whereas, The Council is extremely concerned that the youth of the City of Boston receive the education to which the are entitled, in an environment which is free of fear; and

Whereas, The Council has a responsibility to the peo- ple of Boston to compile information to determine why no action has been taken and why the situation has been allowed to continue for so long; Now Therefore Be It

Ordered, That the Committee on Public Education hold a hearing to investigate the reported problems at the Endicott School; And Be It Further

Ordered, That the Committee subpoena the records of Jean Carr Walsh, Field Representative for Elementary School Teachers of the Boston Teacher's Union, relative to Dr. Ronald M. Bagley since his arrival at the Endicott School; And Be It Further

Ordered, That the Committee subpoena and order the appearance of Dr. Ronald M. Bagley, principal of Endi- cott School, and Dr. Clifford B. Janey, East Zone Super- intendent, with documentation to help explain the situa- tion at Endicott School, including the October 1990 conference between Janey and Bagley relative to the

emotional maltreatment allegation and all other material relevant to Bagley's tenure at the Endicott School; and Be It Further

Ordered, That Marian Evans (General Counsel for Schools), Deleica Foreman, Francis Furlong, Archie John, Terry Lloyd, Marie Sweatt, Juliana Williams, and all other interested persons be giving notice of and in- vited to attend the hearing.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1404)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 20, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Mon- day, January 6, 1992:

Anthony V. Telloni, secretary, $600 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1405)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 27, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Mon- day, January 6, 1992:

Anthony V. Telloni, secretary, $300 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1406)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 20, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Mon- day, February 19, 1992:

Thomas R. Bagley, Adm. Asst., $1,755. 15 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1407)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 27, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Mon- day, February 26, 1992:

Thomas R. Bagley, Adm. Asst., $555.15 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1408)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 27, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, February 19, 1992:

Charles C. Clabaugh, Adm. Asst., $1,726.82 per week, full time, 35 hours.

Passed under suspension of the rules.

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APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1409)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 27, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, February 26, 1992:

Charles C. Clabaugh, Adm. Asst., $526.82 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1410)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 20, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, February 19, 1992:

Kristine Luongo, Secretary, $600 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1411)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 27, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, February 26, 1992:

Kristine Luongo, secretary, $350 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1412)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 20, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, February 19, 1992:

Josephine Dzygala, adm. asst., $325 per week, part time, 20 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1413)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 27, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, February 26, 1992:

Josephine Dzygala, adm. asst., $75 per week, part time, 20 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1414)

Coun. IANNELLA offered the following: Ordered: That effective Wednesday, November 20, 1991 the following-named person be, and hereby is, ap-

pointed to the position set against his name until Wednes- day, February 19, 1992:

Anthony N. Marmo, secretary, $315 per week, part time, 20 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1415)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 27, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, February 26, 1992:

Anthony N. Marmo, secretary, $65 per week, part time, 20 hours.

Passed under suspension of the rules.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini : Catherine Murray (Docket No. 1417); E. Lorraine Kissling (Docket No. 1418); William D. Harrington (Docket No. 1419); Anthony and An- tonetta Giordano (Docket No. 1420); Tom Jackson (Docket No. 1421).

Councillor Yancey: Greater Love Tabernacle Church of God in Christ (Docket No. 1422).

Councillor Byrne: Jean Brace (Docket No. 1423); Bernadette and Charles Lane (Docket No. 1424).

Councillor McCormack: Gary and Evelyn Ambler (Docket No. 1425); Mary T. Regan (Docket No. 1426).

Councillor Scondras: Ruth Navidad (Docket No. 1427); David Schisgall (Docket No. 1428); Keir Pearson (Docket No. 1429).

Councillor Iannella: Memorializing Coast Guard Commander John McBride to use all efforts to continue to house STEP Program at Coast Guard Base (Docket No. 1431).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Yancey: "My Brother's Keeper" (Docket No. 1433); declaring November 10 through 16 Oswald Jordan Week in Boston (Docket No. 1434).

Councillor Iannella: Declaring November 20, 1991, "Alberto Casale Day" (Docket No. 1435).

The matters contained within the Consent Agenda were severally adopted.

NEXT MEETING

Coun. SALERNO moved that when the Council ad- journ today it be to meet again on Wednesday, December 4, 1991, at lp.m.

The motion was carried.

Adjourned at 4 p.m., on motion of Councillor Salerno, to meet on Wednesday , December 4 , 1 99 1 , at 1 p . m .

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, December 4, 1991. Regular meeting of the City Council held in the Coun- cil Chamber, City Hall, at 1 p.m. , President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend Eugene Rivers of the Azusa Christian Com- munity Center, Roxbury, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

ORDER APPROVING APPROPRIATION OF $557,500 FROM EDWARD INGERSOLL BROWNE FUND FOR VARIOUS PROJECTS (DOCKET NO. 1436)

The following was received:

City of Boston Office of the Mayor

December 3, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval an order appro- priating from the Edward Ingersoll Browne Fund the sum of five hundred fifty-seven thousand five hundred dollars ($557,500) for projects described in the attached order. The Edward I. Browne Fund Commission met on Octo- ber 8, 1991 , and voted to approve these projects. It is my belief and that of the Commission that these projects will indeed "ornament the City's streets, ways, squares and parks" as Mr. Browne directed in his will in the year 1892.

Sincerely,

Raymond L. Flynn, Mayor of Boston.

Ordered, That the sum of $557,500 be, and the same hereby is appropriated, from the income of the Edward I. Browne Fund, pursuant to a vote of the Edward I. Browne Fund Commission and further the said sum be expended as follows:

To the Friends of East Boston's Saratoga Park in as- sociation with the Boston Parks and Recreation De- partment for the creation of a multi-use neighborhood park to include new ornamental fencing, trees, shrubs, flower beds, benches, a small tot lot (with a fire sleigh)

and a spray pool $225,000

To the Dimock Community Health Center in Roxbury, toward a total project cost of $100,000, for the restoration of the landscape and pedestrian walk abutting Columbus Avenue. This project will include pedestrian lighting, landscaping and ornamental plaques $ 75,000

To the Massachusetts Beirut Memorial Committee in association with the Boston Redevelopment Authority, toward a total grant of $175,000, for design, fabrica- tion and installation of a memorial honoring the nine United States Marines from Massachusetts who died while partaking in peace keeping activities in Beirut, Lebanon in 1983 $ 50,000

To the Boston Children's Museum for design and art fees to develop plans for the creation of a multi-use public park, with a estimated cost of $1 . 1 million, on land abutting the Fort Point Channel in South Boston. The park will include works of public art, performance areas, landscaping and other amenities .... $ 50,000

For the Majestic Theater in Boston's Mid-Town Cul- tural District, toward a total project cost of $75,000, for the design, fabrication and installation of an orna- mental marquee $ 25,000

To the Friends of the Granary Burying Ground in association with the Boston Parks Department for the restoration of the tomb marker funded by Benjamin Franklin in honor of his family and its abutting path- ways $ 25,000

To the South Boston Korean War Memorial Commit- tee for landscape improvements to the area abutting the memorial's site at Castle Island, as well as the installa- tion of granite benches and walkways $ 20,000

To the Boston Parks and Recreation Department for repair and restoration of Evergreen Cemetery's Civil War Memorial in Brighton $ 20,000

To the West Roxbury Business and Professional As- sociation for design and art fees to develop a plan for ornamental and artistic site improvements in the West Roxbury Business District $ 15,000

To the Jamaica Plain Business and Professional As- sociation for design and art fees to develop a plan for ornamental and artistic site improvements in the Ja- maica Plain Business District $ 15,000

For the Southwest Corridor Farms in Jamaica Plain for design fees to develop an ornamental fence and gateway $ 7,500

For the Grove Hall Business District for design and art fees to develop a plan for ornamental and artistic site improvements in the Grove Hall Business District of Roxbury $ 15,000

To the Franklin Hills Tenants Task Force in Dorches- ter, to develop a landscape plan for the area surround- ing the Franklin Hill Housing Development $ 15,000 Referred to the Committee on City and Neighbor- hood Services.

ORDER FOR PETITION FOR SPECIAL LAW PRO- TECTING BOSTON PUBLIC GARDEN (DOCKET NO. 1437)

The following was received:

City of Boston Office of the Mayor

December 3, 1991. To the City Council. Dear Councillors:

I transmit herewith for your approval a home rule peti- tion for protection of the Public Garden from "new shadow".

This petition is necessary to ensure that new develop- ment will not increase shadowing of the Public Garden. I urge your Honorable Body to pass this home rule peti- tion.

Respectfully,

Raymond L. Flynn, Mayor of Boston.

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Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial errors:

Section 1 . As used in this act the following words shall have the following meanings:

"Article 38", Article 38 of the Boston Zoning Code as in effect on December 1 , 199 1 .

"New shadow," the casting of a shadow at any time on an area which is not cast in shadow at such time by a structure which exists or for which a building permit has been granted on the date upon which application is made to a permit-granting authority for a proposed structure and which would not be cast in shadow by a structure conforming to as-of-right height limits al- lowed by the Boston Zoning Code as in effect on De- cember 1, 1991. New shadow shall not include a de minimis shadow cast by an antenna, fence, flagpole, sign or other similar structure.

"Permit-granting authority", the Boston Zoning Board of Appeal, the Boston Zoning Commission, the Boston Redevelopment Authority or other public body authorized to grant permits or approvals pursuant to chapter 121A or chapter 121B of the General Laws, chapter 665 of the Acts of 1956, as amended, or the Boston Zoning Code. Permit-granting authority shall not include the Boston Inspectional Services Depart- ment, or any body or department succeeding to the du- ties thereof.

"Public Garden", the land in the City of Boston bounded by Charles Street, Boylston Street, Arlington Street and Beacon Street and under the care, custody, management and control of the city Parks and Recrea- tion Commission, excluding therefrom the perimeter sidewalk areas located between the perimeter fence and the curbstones of the aforementioned streets.

"Structure", a structure, as defined in the Massa- chusetts state building code, which is: (i) intended to be permanent; and (ii) not located within the bounda- ries of the Public Garden.

Section 2. Notwithstanding any provisions of chapter 121 A or 121B of the General Laws, or chapter 665 of the acts of 1956, or any other general or special law to the contrary, no permit-granting authority shall take any action which would authorize the construction of any structure which would cast a new shadow on the Public Garden; provided, however, that the provision of this sec- tion shall not apply to actions authorizing:

(a) Any structure which casts a new shadow upon the Public Garden only during the first hour after sun- rise or before seven o'clock in the morning, whichever is later, or the last hour before sunset;

(b) Any structure within the Midtown Cultural Dis- trict established by Article 38 which casts no new shadow upon the Public Garden after ten o'clock in the morning on any day from March 21 to October 21, inclusive, in any calendar year; or

(c) Any structure in the City of Boston included in a development plan or a master plan within a planned development area, all as approved on or before Decem- ber 1, 1991, by the Boston Zoning Commission in ac- cordance with chapter 665 of the acts of 1956, as such development plan or master plan may thereafter be amended; provided, however, that such amendment shall not permit construction of a structure which casts additional new shadow on any area of the Public Gar- den.

Section 3. This act shall take effect upon its passage. Passed under suspension of the rules.

CRIME STATISTICS FOR PERIOD OCTOBER 5 TO OCTOBER 11, 1991 (DOCKET NO. 1438)

The following was received:

City of Boston Office of the Mayor

December 3, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing October 5, 1991 and ending October 11,1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

CRIME STATISTICS FOR PERIOD OCTOBER 12 TO OCTOBER 18, 1991 (DOCKET NO. 1439)

The following was received:

City of Boston Office of the Mayor

December 3, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing October 12, 1991 and ending Octo- ber 19, 1991.

Sincerely,

Raymond L. Flynn, Mayor of Boston. (Annexed hereto is the documentation referred to.) Placed on file.

APPROVAL OF CONSTABLE'S BONDS (DOCKET NO. 1440)

The constable's bond of James McNamara, having been duly approved by the Collector-Treasurer, was re- ceived and approved.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1441)

Notice was received from the Mayor of the appoint- ment of Van Lan-Truong to be a member of the Boston Employment Commission for a term expiring on April 30, 1993.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1442)

Notice was received from the Mayor of the appoint- ment of Ann Donner to be a member of the Boston Em- ployment Commission for a term expiring on April 30, 1992.

Placed on file.

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APPOINTMENT BY THE MAYOR (DOCKET NO. 1443)

Notice was received from the Mayor of the appoint- ment of Mary Maclnnes to be a member of the Trustees of Charitable Donations for a term expiring on May 1, 1994.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1444)

Notice was received from the Mayor of the appoint- ment of Minnie Clark to be a member of the Trustees of Charitable Donations for a term expiring on May 1, 1994.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1445)

Notice was received from the Mayor of the appoint- ment of Jack Scalcione to be a member of the Trustees of Charitable Donations for a term expiring on May 1, 1994.

Placed on file.

APPOINTMENT BY THE MAYOR (DOCKET NO. 1446)

Notice was received from the Mayor of the appoint- ment of Debra A. Sandler to be a member of the Trustees of Charitable Donations for a term expiring on May 1 , 1992.

Placed on file.

APPOINTMENT OF JOHN J. JENNINGS (DOCKET NO. 1447)

Notice was received from James F. O'Donnell, Execu- tive Officer, Retirement Board, of the appointment of John J. Jennings as a member of the Boston Retirement Board for a term expiring on September 30, 1994.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 1448)

Notice was received from the City Clerk of the filing of an amendment to 6 A Contract pursuant to M.G.L. Chap- ter 121 A between B'nai B'rith Senior Citizens Housing Corporation and the City.

Placed on file.

REPORT ON ORDER RE RESIDENTIAL EXEMPTION (DOCKET NO. 1401)

Coun. IANNELLA, on behalf of the Committee of the Whole, submitted the following:

Report on Docket No. 1401, order that pursuant to G.L., Chapter 59, Section 5c, a residential exemption in the amount of value equal to twenty percent of the aver-

age assessed value of all Class One Residential parcels in the City be, and hereby is, approved for FY92 (referred November 20) recommending passage of the order. The report was accepted; the order was passed.

REPORT ON ORDER FOR CONFIRMATION OF RE- APPOINTMENT OF CONSUELO GONZALES THORNELL AS MEMBER OF BRA (DOCKET NO. 1375)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No . 1375, message of the Mayor and order for confirmation of the reappointment of Consuelo Gonzales Thornell as a member of the Boston Redevelop- ment Authority for a term expiring September 17, 1996 (referred November 20) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING TRANSPOR- TATION COMMISSIONER TO ACCEPT AND EXPEND GRANT OF $1,000,000 FROM FED- ERAL HIGHWAY ADMINISTRATION AND STATE DEPARTMENT OF PUBLIC WORKS (DOCKET NO. 1195)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the following:

Report on Docket No. 1 195, message of the Mayor and order authorizing the Transportation Commissioner to accept and expend a grant of $1 ,000,000 from the United States Federal Highway Administration and the Massa- chusetts Department of Public Works for the purpose of developing a master plan for traffic circulation and the transportation system in downtown Boston (referred Oc- tober 2) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF TRANSPORTATION TO ACCEPT AND EXPEND GRANT OF $30,000 FROM NA- TIONAL FEDERAL HIGHWAY SAFETY AD- MINISTRATION (DOCKET NO. 1383)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the following:

Report on Docket No. 1383, message of the Mayor and order authorizing the Commissioner of Transportation to accept and expend a grant of $30,000 from the National Highway Traffic Safety Administration (referred No- vember 20) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING TRANSPOR- TATION COMMISSIONER TO ACCEPT AND EXPEND GRANT OF $22,000 FROM MASSA- CHUSETTS GOVERNOR'S HIGHWAY SAFETY BUREAU (DOCKET NO. 1385)

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the following:

Report on Docket No. 1385, message of the Mayor and order authorizing the Transportation Commissioner to accept and expend a grant of $22,000 from the Massa-

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chusetts Governor's Highway Safety Bureau (referred November 20) recommending passage of the order. The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING TRANSPOR- TATION COMMISSIONER TO ACCEPT AND EXPEND GRANT OF $35,000 FROM PRUDEN- TIAL INSURANCE COMPANY TO FUND TRAFFIC STUDY IN SOUTH END (DOCKET NO. 1386).

Coun. TRAVAGLINI, on behalf of the Committee on Commerce and Transportation, submitted the following:

Report on Docket No. 1386, message of the Mayor and order authorizing the Transportation Commissioner to accept and expend a grant of $35 ,000 from the Prudential Insurance Company for the purpose of funding a traffic study in the South End (referred November 20) recom- mending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING CITY TO AC- CEPT AND EXPEND GRANT OF $475,000 FROM UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR PUR- POSE OF EXPANDING "BOSTON AGAINST DRUGS" (DOCKET NO. 1269)

Coun. KELLY, on behalf of the Committee on City and Neighborhood Services, submitted the following:

Report on Docket No. 1269, message of the Mayor and order authorizing the City to accept and expend a grant of $475,000 from the United States Department of Health and Human Services for the purpose of expanding "Boston Against Drugs" (referred October 23) recom- mending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF THE ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND GRANT OF $204,075 FROM MASSACHUSETTS EXEC- UTIVE OFFICE OF ELDER AFFAIRS THROUGH ITS COUNCIL ON AGING FOR- MULA GRANT PROGRAM (DOCKET NO. 1167)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 1 167, message of the Mayor and order authorizing the Commissioner of Affairs of the El- derly to apply for, accept, and expend a grant of $204,075 from the Massachusetts Executive Office of Elder Affairs through its Council on Aging Formula Grant Program (referred September 18) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF THE ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND GRANT OF $327,905 FROM MASSACHUSETTS EXEC- UTIVE OFFICE OF ELDER AFFAIRS FOR OP- ERATION OF REGION VI AREA AGENCY ON AGING (DOCKET NO. 1 168)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 1 168, message of the Mayor and order authorizing the Commissioner of Affairs of the El- derly to apply for, accept, and expend a grant of $327,905 from the Massachusetts Executive Office of Elder Affairs for the operation of the Region VI Area Agency on Aging (referred September 18) recommend- ing passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF THE ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND GRANT OF $132,405 FOR OPERATION OF SENIOR COMPANION PROGRAM (DOCKET NO. 1 169)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 1 169, message of the Mayor and order authorizing the Commissioner of Affairs of the El- derly to apply for, accept, and expend a grant of $ 1 32 ,405 for the operation of the Senior Companion Pro- gram (referred September 18) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF THE ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND GRANT OF $73,119 FOR OPERATION OF RETIRED SENIOR VOLUNTEER PROGRAM (DOCKET NO. 1170)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No . 1 1 70 , message of the Mayor and order authorizing the Commissioner of Affairs of the El- derly to apply for, accept, and expend a grant of $73,119 for the operation of the Retired Senior Volunteer Pro- gram (referred September 18) recommending passage of the order.

The report was accepted; the order was passed.

REPORT ON ORDER AUTHORIZING COMMIS- SIONER OF AFFAIRS OF THE ELDERLY TO APPLY FOR, ACCEPT, AND EXPEND GRANT OF $25,000 FROM ADMINISTRATION OF AG- ING (DOCKET NO. 1382)

Coun. KELLY, on behalf of the Special Committee on the Elderly, submitted the following:

Report on Docket No. 1382, message of the Mayor and order authorizing the Commissioner of Affairs of the El- derly to apply for, accept, and expend a grant of $25,000 from the Administration on Aging (referred November 20) recommending passage of the order.

The report was accepted; the order was passed.

CERTAIN INFORMATION UNDER SECTION 17 RE HEALTH AND HOSPITALS BOARD OF TRUST- EES (DOCKET NO. 1449)

Coun. O'NEIL offered the following:

Ordered: That, under the provisions of Section 17F of

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Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

A) A copy of the entire payroll of the City of Boston Health and Hospitals Board of Trustees .

B) Name, address, title and salary.

C) Title of job description .

D) Date of entry of service. (Specify year and date they all started.)

I request the above information within one week as stated above. Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1450)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, November 27, 1991 the following named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, February 26, 1992:

Anthony Telloni, secretary, $300.00 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1451)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, December 4, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, March 4, 1992:

Albertina White, secretary, $463.20 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1452)

Coun. IANNELLA offered the following:

Ordered: That effective Wednesday, December 11, 1991 the following named person be, and hereby is, ap- pointed to the position set against her name until Wednes- day, March 11, 1992:

Albertina White, secretary, $354.40 per week, full time, 35 hours.

Passed under suspension of the rules.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that the late filed matters in the hands of the City Clerk by added to the Agenda.

The motion was carried.

The two matters were added to the Agenda to be indi- vidually considered.

REPORT ON ORDER FOR CONFIRMATION OF AP- POINTMENT OF MICHAEL A. DeLUCA AS CONSTABLE (DOCKET NO. 1342)

Coun. McLAUGHLIN, on behalf of the Committee on Government Operations, submitted the following:

Report on Docket No . 1 342 , message of the Mayor and order for the confirmation of the appointment of Michael A. DeLuca as a constable authorized to serve civil proc- ess upon filing of bond, for a term expiring April 30, 1992 (referred October 30) recommending passage of the order.

The report was accepted; the order was passed.

ORDER WAIVING PROVISIONS OF CBC, ORDI- NANCES, TITLE 5, SECTION 5-5.2 WITH RE- SPECT TO ALICE CURRAN TO ENABLE HER TO RESUME POSITION OF HEAD CLERK IN TRANSPORTATION DEPARTMENT (DOCKET NO. 1460)

Coun. McCORMACK offered the following:

Whereas, City of Boston Code, Ordinances, Title 5, Section 5-5.2 establishes a residency requirement for employees of the City of Boston; and

Whereas, Said residency ordinance provides that the Mayor, with the approval of the City Council, may deter- mine it to be in the best interest of the public to waive the provisions of the ordinance with respect to a particular person or position; and

Whereas, Alice Curran was employed as a head clerk in the City of Boston's Transportation Department from November, 1982 until November 19, 1991 . She was pre- viously employed, from 1978 until 1982, as a principal clerk in the Suffolk County Probate Court and prior to that as a clerk at the Registry of Motor Vehicles; and

Whereas, In 1989, after fifty years of residence on Lindsey Street, in Dorchester, Ms. Curran and her sister were forced to leave their home because of increasing violence and other criminal activity on their street; and

Whereas, At that time Ms. Curran and her sister moved to Weymouth; and

Whereas, Ms. Curran was not aware that the City's residency ordinance applied to her. She had never been asked to file an affidavit of residency and she assumed that her lengthy tenure in government service at the state, county, and city level exempted her from the law; and

Whereas, When Ms. Curran was first asked to file an affidavit of residency this year, she truthfully reported her Weymouth address and was terminated on November 19, 1991; and

Whereas, At age 52, after decades of government serv- ice, Ms. Curran is understandably shocked to find her- self unemployed with few prospects of securing alternate employment. Given sufficient time, Ms. Curran is will- ing to move back to the City to preserve the job she has skillfully performed for the past nine years; therefore be it

Ordered: That it is hereby determined that it is in the best interest of the public to waive the provisions of the City of Boston Code, Ordinances, Title 5, Section 5-5.2 with respect to Alice Curran to enable her to resume the position of head clerk in the City's Transportation De- partment; provided, however, that this waiver shall expire on August 1, 1992.

Passed under suspension of the rules.

RESOLUTION RE BOSTON GLOBE'S AFFIRMATIVE ACTION POLICIES (DOCKET NO. 1453)

Coun. KELLY offered the following: Whereas, Recently the Boston Globe's affirmative action policies have been brought into question by Globe

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employees who allege reverse discrimination; and

Whereas, According to reports in the Boston Herald and Boston Phoenix there exists at the Boston Globe an atmosphere tainted by charges of racism, reverse dis- crimination and bigotry; and

Whereas, Those employees who criticize Globe poli- cies believed to be discriminatory have been accused by other Globe employees as coming from "privileged backgrounds," a charge which, itself, hints at racial ster- eotyping and bigotry; and

Whereas, The Boston Globe's official response to the controversy has been described by one employee as "ap- palling" — a view said to be shared by other Boston Globe staffers; and

Whereas, The Boston Globe's visceral reaction to charges of race-based favoritism has a chilling affect on the free speech of others who hold similar views and/or share similar experiences, but who may now censor their own words rather than suffer the type of mean-spirited humiliation inflicted by management; and

Whereas, The City Council is concerned that if the Boston Globe censors employees' words as a matter of business practice, the Globe in all likelihood censors words and thoughts which appear in its reporting of events which involve race; and

Whereas, The entire credibility of the Boston Globe is brought into question by its reaction to "politically incor- rect" speech and thought; and

Whereas, The Boston Globe has consistently espoused in its editorials over the years that we live in a multi- cultural society where shared experiences and honest di- alogue are crucial for development and growth, and the Globe's suppression of opposing thought is not only hyp- ocritical, but contrary to the shared value experience; and

Whereas, The Boston Globe can expand its social sphere by voluntarily exchanging reporters with various other papers such as El Mundo, Sam Pan and the Bay State Banner so as to better understand and appreciate the multi-cultural diversity existing throughout society; and

Whereas, Those minority employees whose only expe- rience with job discrimination has been in the form of theoretical discussions, and who further believe that white reporters come from "privileged backgrounds" should be offered counseling and retraining so that they may better understand the experience and hurt when re- verse discrimination is practiced against them; therefore be it

Resolved: That this Resolution be and hereby is adopted by the Boston City Council, a copy of which shall be entered into the City Record and forwarded to the publisher and Chairman of the Board of the Boston Globe.

Coun. MENINO offered the following:

Whereas, The Boston Globe reported on December 2, 1991 that pursuant to the contract with In-City Boston Management, the bus company that provides school transportation services, the School Department bought unnecessarily expensive insurance for its school buses; and

Whereas, The insurance policy has cost the city $10 million over the last four years; and

Whereas, According to the Globe article, school offi- cials were "surprised" that the department was paying exorbitant amounts of money for insurance even though the transportation contract clearly explains the cost for a $2.3 million insurance policy; and

Whereas, The policy should have been questioned by city officials who must review every contract that is ap- proved by the city; Therefore Be It

Ordered: That the Committee on Ways and Means hold a hearing to determine why the city and the school de- partment allowed millions of dollars to be wasted on un- necessary school bus insurance.

Referred to the Committee on Ways and Means.

EXPRESSING OPPOSITION TO LIMITING SERV- ICES TO NEEDY RESIDENTS OF CITY AND URGING GOVERNOR AND GREAT AND GEN- ERAL COURT TO RESTORE MEDICAID FUND- ING (DOCKET NO. 1455)

Couns. MENINO, SALERNO, and TRAVAGLINI of- fered the following:

Whereas, Recent and proposed changes to the Massa- chusetts Medicaid laws threaten the well being of low income residents of all ages in the City of Boston; and

Whereas, Substantial cuts in the Medicaid program in- cluding limitations of covered services, increases in in- come and asset eligibility limits are restricting the num- ber of enrollees in the Medicaid program and the benefits for which they may be eligible; and

Whereas, Not only will families and children become ineligible for Medicaid but also thousands of nursing home patients on Medicaid will be disqualified from re- ceiving benefit; Now, Therefore, Be It

Resolved: That the Boston City Council in meeting as- sembled expresses opposition to any measure to limit services to needy residents of the City of Boston and re- spectfully urges the Governor of the Commonwealth and the Great and General Court to preserve and restore Me- dicaid funding.

On motion of Coun. MENINO, the rules were sus- pended; the resolution was adopted.

Councillor BYRNE in the Chair.

President IANNELLA in the Chair.

President IANNELLA ruled that there would be no further debate on this matter, that under Rule 17 he would refer the matter to the Committee of the Whole.

COMMITTEE ON WAYS AND MEANS TO HOLD HEARING ON WHY CITY AND SCHOOL DE- PARTMENT ALLOWED MILLIONS TO BE WASTED ON UNNECESSARY SCHOOL BUS INSURANCE (DOCKET NO. 1454)

ORDER FOR PETITION FOR SPECIAL LAW RE NON-RENEWAL OF LICENSES AND REGIS- TRATION FOR FAILURE TO PAY CERTAIN FINES FOR VIOLATIONS COMMITTED IN BOSTON (DOCKET NO. 1456)

Coun. HENNIGAN CASEY offered the following: Ordered: That, in substitution for the order for a peti- tion for a special law passed by the City Council August 7, 1991 , and approved by the Mayor August 23, 1991 , a petition to the General Court, accompanied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legisla- tion be adopted providing precisely as follows, except for clerical or editorial changes of form only:

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Section 1 . The clerk of a court shall notify the Regis- trar of Motor Vehicles of the failure of any person to pay a fine imposed upon the conviction in the City of Boston of a violation of section fifty-three of chapter two hundred and seventy-two of the General Laws or a city ordinance for the use or operation of a motor vehicle to disturb the peace by reason of excessive and unnecessary noise, in- cluding noise emanating from any radio, tape recorder or other amplifying device attached to or present in said mo- tor vehicle or a violation of section sixteen of chapter ninety of the General Laws involving excessive and un- necessary noise.

Upon receipt of such notice the registrar shall not re- new the license to operate of such person or the registra- tion of the motor vehicle involved until after notice from said clerk of court that all fines so imposed have been paid or all matters have otherwise been disposed of in accordance with law.

Section 2. This act shall take effect upon its passage.

Passed under suspension of the rules.

Councillor McLaughlin: McNamara House (Docket No. 1461).

The matters contained within the Consent Agenda were severally adopted.

STATEMENT OF COUNCILLOR O'NEIL

Having received unanimous consent to do so, Council- lor O'Neil stated that next Sunday morning beginning at eleven o'clock in the morning there would be a huge serv- ice at the Hynes Auditorium in memory of the beginning of World War II, that there would be sixty comrades there who were at Pearl Harbor the day it was bombed. He requested that the Council adjourn today in memory of those 2,000 comrades who were killed at Pearl Harbor.

CONSENT AGENDA

The members of the Council stood for a moment of silence in memory of those who gave their lives at Pearl Harbor.

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Yancey: Terry 1 Calloway and The Cotton Club (Docket No. 1457).

Councillors Scondras and Salerno: Tony Lycurgus (Docket No. 1458).

Councillor Menino: Robert G. Gordon (Docket No. 1459).

On motion of Coun. McLAUGHLIN, Rule 11 was suspended in order to add the following matter to the Consent Agenda:

Adjourned at 2: 10 p.m. , in memory of those who gave their lives at Pearl Harbor on December 7, 1941 , to meet again on Wednesday, December 1 1 , 1991 , at 1 :00 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, December 11, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all the members present.

Since the City must formally accept the provisions of the above-cited Act on or before December 11, 1991 , I hereby urge your Honorable Body to pass this order as expeditiously as possible.

Respectfully,

Raymond L. Flynn, Mayor.

Ordered: That the provisions of Chapter 291 of the Acts of 1990, be and hereby are accepted; AND BE IT FURTHER

ORDERED: That, immediately following the passage of this order, the City Clerk shall certify in writing to the Secretary of State that the City has accepted said provi- sions.

On motion of Coun. IANNELLA, the rules were sus- pended; the order was passed.

INVOCATION

Reverend Anthony Vinson, Associate Minister, Charles Street AME Church, Roxbury, delivered the in- vocation, and the meeting was opened with the pledge of allegiance to the flag.

PRESENTATION TO COUNCILLOR O'NEIL

Officer Robert P. Whooley of the Boston Police De- partment presented to Councillor O'Neil on behalf of the Boston Police Relief Association a citation naming him an honorary member of the Boston Police Department. The citation also mentions and thanks all the Members of the Boston City Council for their support over the years. Councillor O'Neil expressed his deep thanks for the cita- tion.

CRIME STATISTICS FOR PERIOD 10/19/91 TO 10/26/91 (DOCKET NO. 1463)

The following was received:

City of Boston Office of the Mayor

December 10, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing October 19, 1991 and ending Octo- ber 26, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

VISITORS TO CITY COUNCIL

Councillor O'NEIL, for all the Councillors, presented a citation to the Student Council of the Washington Irv- ing School congratulating them on their continued repu- tation as a non-violent student body. Headmaster Malo- ney, accompanied by his Assistant, Mr. Junta, thanked the Council and promised to continue to do everything possible to live up to their reputation.

CRIME STATISTICS FOR PERIOD 10/26/91 11/1/91 (DOCKET NO. 1464)

TO

ORDER ACCEPTING PROVISIONS OF CHAPTER 291 OF THE ACTS OF 1990 RE ENHANCED 9 1 1 SERVICE (DOCKET NO. 1462)

The following was received:

City of Boston Office of the Mayor

December 9, 1991. To the City Council. Dear Councillors:

I transmit for your approval an order accepting the provisions of Chapter 291 of the Acts of 1990 pertaining to enhanced 9 1 1 service . As you may recall , your Honor- able Body recently approved an order nearly identical in form and substance to the order attached hereto. Since that time, however, the state has requested that a minor, technical change be made to the order. The attached re- vised order incorporates the suggested change.

The following was received:

City of Boston Office of the Mayor

December 10, 1991. To the City Council . Dear Councillors:

I transmit herewith communication received from the Police Department pertaining to crime statistics for the period commencing October 26, 1991 and ending No- vember 1, 1991.

Sincerely,

Raymond L. Flynn, Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

NOTICE FROM MASSACHUSETTS WATER RE- SOURCES COMMISSION (DOCKET NO. 1465)

Notice was received by the City Clerk from the Massa- chusetts Water Resources Commission re: Receipt of a Request for Approval of an Action to Increase the Present Rate of Interbasin Transfer Under the Interbasin Transfer Act MGL Chapter 21 Section 8b-8D.

Referred to the Committee on the Environment and Public Works.

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NOTICES FROM CITY AUDITOR

Notice was received from Sally M. Degan, Auditor, re: exhaustion of first quarter personal services quarterly allotment for the Rent Equity Board (Docket No. 1466).

Notice was received from Sally M. Degan, Auditor, of the granting by the Mayor of a waiver of the personal services quarterly allotment for the Rent Equity Board (Docket No. 1467).

Referred to the Committee on Ways and Means.

APPROVAL OF CONSTABLE'S BOND (DOCKET NO. 1468)

The Constable's Bond of Michael A. DeLuca, having been duly approved by the Collector-Treasurer, was re- ceived and approved.

NOTICE FROM DEPARTMENT OF ENVIRON- MENTAL PROTECTION (DOCKET NO. 1469)

Notice was received by the City Clerk from the De- partment of Environmental Protection re: Waterways Li- cense Application No. W91-0978.

Placed on file.

NOTICE FROM CITY CLERK (DOCKET NO. 1470)

Notice was received from the City Clerk in accordance with Chapter 6 of the Ordinances of 1979 re actions taken by the Mayor with regard to the papers acted upon by the City Council at its meeting of November 20, 1991 .

Placed on file.

REPORT ON ORDER DECLARING SURPLUS CER- TAIN PROPERTY RIGHTS ON AND BENEATH LONG ISLAND AND TO TRANSFER CARE, CUSTODY, MANAGEMENT, AND CONTROL TO PUBLIC FACILITIES COMMISSION (DOCKET NO. 1380)

Coun. McCORMACK, on behalf of the Committee on Planning and Development, submitted the following:

Report on Docket No. 1380, message of the Mayor and order declaring surplus certain property rights on and beneath Long Island and to transfer the care, cus- tody, management, and control to the Public Facilities Commission (referred November 20) recommending passage of the order.

The report was accepted; the order was passed.

LATE FILED MATTERS

The Chair moved that the rules be suspended and that two late filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The two matters were added to the Agenda to be indi- vidually considered.

REPORT ON ORDER APPROVING APPROPRIA- TION OF $530,460.99 FOR LIBRARY OF LAST RECOURSE FOR FISCAL YEAR ENDING 6/30/91 (DOCKET NO. 1086)

Coun . MENINO , on behalf of the Committee on Ways and Means, submitted the following:

Report on Docket No. 1086, message of the Mayor and order approving appropriation of $530,460.99 for the Library of Last Recourse for the fiscal year ending June 30, 1991 (referred August 21) recommending pas- sage of the order.

The report was accepted; the order was passed.

REQUESTING THE MAYOR'S ANNUAL BUDGET SUBMISSION BE MORE ACCEPTABLE SO THAT CITY COUNCIL BE ABLE TO EXERCISE ITS DUTIES IN MORE PRUDENT AND THOR- OUGH MANNER (DOCKET NO. 1491)

Coun. KELLY offered the following:

Whereas: Under the City of Boston Charter, Chapter 486 of the Acts of 1090 as amended, "The mayor, no later than the second Wednesday in April of each year, shall submit to the city council the annual budget of the current expenses of the city and county for the forthcom- ing fiscal year . . . " ; and

Whereas, The Charter further provides that, "The city council may reduce or reject any item but, except upon the recommendation of the mayor, shall not increase any item in, nor the total of, a budget, nor add any item thereto, nor shall it originate a budget . . ."; and

Whereas, The Charter is clear that any item in a budget may be reduced or rejected by the city council, and the charter distinguishes items in a budget from budgets; and

Whereas, The Charter further distinguishes items in a budget from total budgets in section 17D when it allows that where an ordinance or vote calls for a loan or appro- priation, "the mayor may approve some of the items in whole or in part and disapprove other items in whole or in part . . . " ; and

Whereas, The city council asserts that its statutory au- thority to reduce or reject items in a budget is plenary, and that the city council has the power to reduce or reject total budgets as well as departmental budgets as it deems inappropriate; and

Whereas, Public spending, and hence, public policy is established through the budget process; and

Whereas, It would be illogical to assume that the city council does not have the inherent right to influence pub- lic policy by means of withholding spending for items it deems not to be in the public interest, this being the single statutory power the city enjoys under charter; therefore be it

Ordered, The city council review of the budget process necessitates that in order for the city council to carry out its statutory responsibility to reduce or reject items in a budget, and thus have a meaningful input into establish- ing by means of authorization, public policy, it is neces- sary for the city council to have placed before it an annual budget in the form of departmental expenditures by line items, describing each expenditure for each department; and be it further

Ordered, That the Ways & Means Committee of the city council meet with the mayor for the purpose of agreeing to an annual budget submission in a form ac- ceptable to the city council.

Referred to the Committee on Ways and Means.

DECEMBER 11, 1991

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COMMITTEE OF THE WHOLE TO HOLD HEAR- ING RE JILL MOHR, FAIR HOUSING COMMIS- SION EMPLOYEE (DOCKET NO. 1471)

Coun. KELLY offered the following:

Ordered, That the COMMITTEE OF THE WHOLE conduct an expedited public hearing into the matters con- tained in:

(1) The December 5, 1991 letter from Jill Mohr to Mr. David Cortiella, Executive Director of the city's Fair Housing Commission:

(2) The letter from Jill Mohr to City Councilor O'Neil, dated December 10, 1991 alleging reprisal:

(3) The written warning dated December 2, 199 1 to Jill Mohr from Ms. Toni Garcia, her supervisor and Mr. David Cortiella.

and be it further

Ordered, That those letters (attached) be incorporated into this order for reference.

December 5, 1991 David J. Coreiella, Esq. Executive Director Boston Fair Housing Commission Room 966 Boston City Hall Boston, MA

Dear Mr. Cortiella:

The purpose of this letter is to respond formally to re- cent events involving me, including the oral warning of November 18, 1991 and the written warning of Decem- ber 2, 1991. For reasons that I do not understand fully, you have targeted me for harassment. Because your con- duct has threatened my job security, family and health, I feel compelled to rebut your accusations.

First, I will address the oral warning. As you are aware, I was out of the office on Thursday, November 14, 1991. When I returned on Friday, I noticed that Thursday's mail had been picked-up by someone else. I did not open the mail immediately on Friday morning because I was asked to type letters for the Investigation and Enforcement Unit. I had been instructed in the past that I & E letters were priority. Around 10:00 a.m., I went to the 8th Floor for juice. When I returned to my desk, Toni Garcia was waiting for me. In a very conde- scending tone, she lectured me about priorities and told me to open, stamp and distribute the mail. I do not deny that I was upset as I explained to Ms. Garcia that I was doing letters. By no standard, however, was there any unprofessional outburst. Perhaps when you and Ms. Garcia chose to give me an oral warning, you were un- aware of the fact that an investigator and a complainant were sitting on the couch throughout my alleged out- burst. The investigator tells me that she heard no such outburst. What is particularly disconcerting about the oral warning is that fact that Ms. Garcia took advantage of personal information that I shared with her when I thought that we were friends. In addition to the outburst being a figment of Ms. Garcia's imagination, her subse- quent conduct was unconscionable.

As a result of the above, I made a decision to speak with Councilor O'Neil, with whom I am well ac- quainted. It was not a decision that I made lightly, but I felt that I needed to let someone know about the condi- tions under which I have been working. I believe that the written warning of December 2, 1991 was motivated by my discussions with Councilor O'Neil and was clearly retaliatory.

The written warning was given for opening and shar- ing mail of a sensitive matter with other BFHC staff. Because I have already received an oral warning regard- ing mail, I am sure that you are aware that my duties

include opening, date-stamping and distributing mail. When I opened the letter from Christopher Burke, I was excited as I enjoyed working with him. I then turned to the person at my desk and said that Chris was coming back. There was nothing malicious in my actions and your attempt to characterize the incident as something worthy of a written warning is an outrage. When we spoke on December 2 , 1 99 1 , 1 did deny knowledge of the incident because I quite frankly did not understand what you were talking about. I did not willfully make false statements to you. On a side note, I do not understand how Chris Burke's return could be considered a sensitive matter. It is common knowledge that Chris was on a medical leave and that Liz Solar was hired temporarily. In a staff meeting in which you tried to explain Kenn Taber's situation, you yourself acknowledged that peo- ple like Liz Solar, Kenn Taber and Al Valdez were hired for specific time periods. Thus, I believe that the written warning was motivated by your desire to retaliate against me and also, by more insidious reasons.

I have learned a great deal about discrimination through typing reports and having discussions with the investigators. Upon reflection, I have come to the con- clusion that your conduct towards me and others amounts to discrimination. You have targeted the non-Hispanics in the Commission and have subjected us to harassment and disparate treatment. I have worked at the Commis- sion since 1988. Since you became director in May of 1990, the following people have left for a variety of rea- sons: Regina Mitchell-Rodriguez, Tina Leardi, Inge Bernstein, Chrisopher Burke, Mary Beth Ramsey, Mi- quel Paredes, Catarina Ribiero, Jana Ferguson and Kenn Taber. Eight of the nine are non-Hispanics. The follow- ing people have been hired since your appointment: Ze- naidaBurgo, Marlena Richardson, Al Valdez, Elizabeth Solar, Carol Terrero, Adelina Shaw, Miguel Paredes, Janet Petkun, Donna Graham, Lillian Chen, and three interns, Hal Yung, Miquel Vasquez and Fidel Vasquez. Of thirteen, seven are Hispanic.

The following are just some examples of what I believe is your unfair treatment towards non-Hispanics. When I applied for Catarina's job, I was told that I was not quali- fied, in spite of the fact that I trained Catarina. A His- panic woman was hired instead. Catarina and Jana were fired for violating the residency requirement. However, there are two people in the office, a black woman and a Hispanic woman who live in Hopkinton and Everett, re- spectively. Neither was fired. When I had to bring my daughter into the office on one occasion, I was told never to bring her back. In contrast, a Hispanic woman brings not only her children, but other family members into the office and is not disciplined. A dispute arose between the two of us regarding my hours. Because I had trouble ar- ranging for day care, I asked for flex-time. Despite the grief that you caused me over my time, others who are Hispanic are allowed to work such hours as 8: 15 to4: 15, 8:15 to 5:00, etc. Again, the Hispanics do not seem to have to account for their time. Also, the Hispanics are allowed to take vacations and sick time before the end of their six months probations are completed, and simi- larly, they are allowed to take comp time.

Finally, I have reviewed the entire section IX of the Rules of Conduct, Adverse Actions and Progressive Dis- cipline. No where in the manual that I have, which is dated 9/89, could I find that quote and section you claimed I have violated. However, I did find something which I wish you would follow — "no adverse action is to be imposed for the purpose of discriminating against an employee because of race, color, religion, sex, age, national origin, physical handicap or political affilia- tion." I hope that you will evaluate your treatment of me

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and withdraw the frivolous warnings that you have given tome.

Sincerely, JillM.Mohr

The Honorable Albert L. O'Neil Boston City Councilor Boston City Hall Boston, MA 02201

December 10, 1991 Dear Councilor O'Neil:

Shortly after my meeting with you in November, you contacted the Fair Housing Commission about the work- ing conditions I brought to your attention. I am grateful for your prompt attention to the matter. However, on December 2, 1991 1 received a written warning advising me that I had violated departmental rules of conduct. I checked the fair housing commission's personnel man- ual and found no reference to the language quoted in my reprimand letter. I believe the warning was a fabrication meant to punish me for talking with you.

Indeed, I feel that my job at the Fair Housing Commis- sion is in jeopardy now, and that I may soon be termi- nated because of my justifiable criticism of employment policies which I believe to be discriminatory in nature.

Specifically, I believe that Mr. David Cortiella, Exec- utive Director of the Boston Fair Housing Commission has engaged in discriminatory practices against me and other employees of the Commission. He has harassed me, targeted me for unfair reprisals, and made inaccu- rate and unfounded allegations against me in regard to my job performance. I believe he has, based on statistical evidence and personal observation, targeted non- Hispanics in the Commission for discrimination, and has on a number of occasions subjected them to disparate treatment. (All these allegations have been detailed to Mr. Cortiella in a letter dated, December 5, 1991 , which I attach with this letter and mail to him this date.)

Councilor O'Neil, I am fearful that I am going to lose my job because I spoke out on this matter. Being a single parent, I just can't afford the loss in pay which might result if the situation doesn't change. I am asking you and the city council to help me, and to look into the practices which I describe in my letter to Mr. Cortiella. Sincerely, Jill Mohr Room 966 Boston City Hall

BOSTON FAIR HOUSING COMMISSION

TO: Jill Mohr FROM: David Cortiella DATE: December 2, 1991 RE: Written Warning

This documentation is to verify that Jill Mohr was given a written warning on Monday , December 2 , 1 99 1 . Said warning was given for the following reason: Opening and sharing an article of mail addressed to the Executive Director which was of a sensitive personnel matter with other Boston Fair Housing Commission (BFHC) staff.

During our meeting of December 2, 1991 , 1 asked you about the situation. You first denied any knowledge, however, at the end of our meeting you admitted to open- ing the letter and showing it to another BFHC staff mem- ber. Therefore, your conduct is subject to adverse action. As prescribed in Section IX Rules of Conduct, Adverse Actions, and Progressive Discipline subsection A9 of the Personnel manual states, ' 'The willful making of false statements to supervisors, public officials,

boards, commissions and/or agencies, or the public at large. ' ' (a copy is to be placed in employee's file) Referred to the Committee of the Whole.

CERTAIN INFORMATION UNDER SECTION 17F RE DIRECT DEPOSIT OF EMPLOYEES' PAY- CHECKS (DOCKET NO. 1472)

Coun. SCONDRAS offered the following:

Whereas, On March 22, 1991 , the Mayor disapproved docket No. 0391 which had been approved by the city council; and

Whereas, The proposed order would have required the Collector-Treasurer to allow city employees the option of having their pay directly deposited to their individual bank accounts; and

Whereas, Allowing direct deposit would save the city money; and

Whereas, The Mayor indicated in his veto message that the Collector-Treasurer was reviewing the matter of direct deposit; and

Whereas, It has been nearly nine months since the or- der was vetoed yet we have received no word from the administration regarding the feasibility of direct deposit; and

Whereas, The Mayor's proposed reduction of the budget by Executive Order neglected to mention possible savings through implementation of cost-saving measures such as direct deposit; Now Therefore Be It

Ordered, That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

I. Do any city contracts currently contain language requiring (or permitting) direct deposit of employees' pay? If the answer is yes, please list those contracts which contain said language.

3. Do any city contracts currently contain language forbidding direct deposit of employees' pay? If the an- swer is yes, please list those contracts which contain said language.

4. What action has the Collector-Treasurer taken to determine the feasibility of direct deposit?

5. Why has the Collector-Treasurer's review of this issue taken more than nine months?

6. When is it expected that the Collector-Treasurer will complete the review regarding the feasibility of di- rect deposit?

7. What costs would the city incur if it allowed em- ployees the option of having their pay directly deposited to their individual bank accounts?

8. What savings would the city have if it allowed em- ployees the option of having their pay direcdy deposited to their individual bank accounts?

9. Is direct deposit available for retirees of the City of Boston?

10. If the answer to question nine is yes, when (what day, date and year) was direct deposit made available to retirees of the City of Boston?

I I . If the answer to question nine is yes, why was di- rect deposit not made available to City of Boston employ- ees at the same time or as soon as practicable given em- ployment contracts in force at the time?

12. What does the Collector-Treasurer project to be the length of time necessary to implement a direct deposit program?

13. How many employees (broken out by department) are not subject to collective bargaining agreements?

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301

14. Why has a direct deposit program not been imple- mented for those departments and employees not cov- ered by collective bargaining agreements?

Passed under suspension of the rules.

COMMITTEE ON WAYS AND MEANS TO MEET WITH ADMINISTRATION TO DEVELOP HOME RULE PETITION AMENDING APPRO- PRIATE SECTIONS OF CHAPTER 486 OF ACTS OF 1909 RE COUNCIL AUTHORITY RELA- TIVE TO BUDGET CUTS (DOCKET NO. 1473)

Coun. SCONDRAS offered the following:

Whereas, The Mayor of the City of Boston has pro- posed to cut the city budget by Executive Order thereby circumventing the usual budget process; and

Whereas, The Administration is unwilling to treat the City Council as a full partner in the management of the City's fiscal affairs; and

Whereas, The City Charter fails to offer explicit guid- ance on the respective roles of the Mayor and City Coun- cil in making budget cuts during a fiscal year; and

Whereas, Massachusetts General Laws Chapter 44, Section 32, regarding city budgets does not apply to the City of Boston; and

Whereas, The Council's role must be clearly set forth if it is to play a valuable part in the determination of the city's fiscal health; Now Therefore Be It

Ordered, That the Committee on Ways and Means meet with the Administration and develop a Home Rule Petition amending the appropriate sections of Chapter 486 of the Acts of 1909, as amended, and any other rele- vant statutes, ordinances, or regulations, to clarify the City Council's authority relative to budget cuts during the fiscal year.

Referred to the Committee on Ways and Means.

ORDER FOR PETITION FOR SPECIAL LAW TO IN- CREASE POWERS OF LICENSING BOARD (DOCKET NO. 1474)

Couns. SCONDRAS and O'NEIL offered the follow- ing:

Ordered: That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is , approved under Clause ( 1 ) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section One. Chapter 291 of the Acts of 1906, as amended, is hereby further amended by adding in Sec- tion Four, after the second paragraph, the following two new paragraphs:

The licensing board shall be responsible for the regula- tion of the entertainment industry in the city of Boston as set forth by applicable law.

The licensing board shall mediate, educate, and advo- cate on behalf of the consumers of the City of Boston.

Coun. SCONDRAS moved that the order be passed under suspension of the rules.

Having received unanimous consent to do so, Coun. SCONDRAS withdrew his motion and requested that the order be sent to the appropriate Committee.

Refered to the Committee on Government Opera- tions.

ORDER FOR PETITION FOR SPECIAL LAW CON- SOLIDATING AGENCIES INTO NEW DE- PARTMENT OF PROPERTY AND PLANNING (DOCKET NO. 1475)

Coun. SCONDRAS offered the following:

Ordered, That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section 1 — There shall be established in the city of Boston a department known as the Department of Prop- erty and Planning which shall be under the charge of an officer known as the Director to be appointed by the Mayor for a term expiring on the first Monday of January following the next biennial election at which a Mayor is elected. The Director of Property and Planning shall have the power and perform duties imposed upon him or her by law and shall be compensated as an officer within Category 1 of CBC Ord. 5-5.20.

Section 2 — The Department of Property and Planning shall assume control and responsibility for functions heretofore provided by the Boston Redevelopment Au- thority established under provisions of Massachusetts General Laws; the Public Facilities Department and the Economic Development and Industrial Corporation of Boston, each created by special statute; and the Real Property Department established by ordinance to assume powers authorized in statute.

Section 3 — Rights and privileges of all employees of the agencies, excepting those positions abolished, infra, shall be preserved and transferred into the new Depart- ment of Property and Planning. The Director may effect subsequent changes through reorganization by ordinance approved by the Mayor and City Council.

Section 4 — The five-member redevelopment author- ity governing board established under Sections 5, 6, and 7 of Chapter 751 of the Acts of 1969 is hereby abolished. All duties of such governing board, including responsi- bilities as the city's planning board under provisions of Section 12 of Chapter 652 of the Acts of 1960 are hereby conveyed to the Director of the Department of Property and Planning.

Section 5 — Upon passage of this act, the executive director of the Boston Redevlopment Authority and his assistants, and the executive secretary of the Authority shall report to the Director of the Department of Property and Planning for assignment of duties. All property and funds in custody of the Authority shall be inventoried and transferred to the Department of Property and Planning.

Section 6 — The three-member board known as the public facilities commission appointed under provision of Section 1 of Chapter 642 of the Acts of 1966 is hereby abolished and duties of the board as established in Sec- tions 1-3 of such act and authorized through subsequent statutes are vested in the Director of the Department of Property and Planning.

Section 7 — Upon passage of this act, the executive officer appointed as the the director of public facilities under Section 2 of said Chapter 642, along with his or her subordinates, shall report to the Director of the Depart- ment of Program and Planning for assignment of duties. All projects being supervised by, all properties being held or transferred to, all negotiations or contracts in progress involving, the Public Facilities Department are transferred to the Department of Property and Planning.

Section 8 — The seven-member Economic Develop-

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ment and Industrial Corporation of Boston established under Section 3 of the Chapter 1097 of the Act of 1971 shall, in addition to prescribed powers and duties, serve as advisory board to the Mayor and the Director of the Department of Property and Planning.

Section 9 — Upon passage of this act, the person serv- ing as executive director of the Economic Development and Industrial Commission, along with his or her subor- dinates, shall upon passage of this act report to the Direc- tor of the Department of Property and Planning for as- signment.

Section 10 — The board of five appointees known as the Real Property Board in Boston established under CBC Ord. 1 1-7. 1 is hereby abolished and its duties along with powers conferred by Chapter 434 of the Acts of 1943 and Chapter 474 of the Acts of 1946 are vested in the Director of the Property and Planning Department.

Section 1 1 — The person holding the office of Com- missioner of Real Property and the person known as the Assistant Commissioner of Real Property at the time of passage of this act and their subordinates shall, upon pas- sage of this act, report to the Director of the Property and Planning Department for assignment of duties.

Section 12 — The person appointed as Director of the Boston Property and Planning Department shall under- take organization of functions entrusted to the depart- ment. He or she may maintain executive officers of the former agencies as assistants or deputy directors to han- dle matters in their specialties.

The director is authorized to draw up plans for reor- ganization of the new Department of Property and Plan- ning by ordinance duly approved by the Mayor and City Council. Reorganization may include transfer of person- nel, reassignment of duties, change in compensation or reshaping of agencies consolidated into the Property and Planning Department.

Referred to the Committee on Government Opera- tions.

HENNIGAN CASEY, O'NEIL, and BOLLING offered the following:

Ordered, That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Section One. For the purposes of this act the word "keg" shall mean any container capable of holding malt beverages to be dispensed from a tap, faucet, or other draughting device.

Section Two. Notwithstanding the provisions of chap- ter 138 of the Massachusetts General Laws or any other general or special law to the contrary, in the city of Boston it shall be unlawful to possess any keg containing malt beverages without first obtaining a permit from the licensing board for the city of Boston. The provisions of this act shall not apply to the possession of a keg contain- ing malt beverages by any person licensed or permitted pursuant to chapter 138 of the General Laws. The provi- sions of this act shall not apply to the possession of a keg containing malt beverages by any person while in transit from or through the city of Boston to any other city or town.

Section Three. The fee for permits granted under this act shall be fixed from time to time by the licensing board for the city of Boston.

Section Four. Any person who violates the provisions of this act shall for a first offense be punished by a fine of fifty dollars, and for any subsequent offense by a fine of three hundred dollars.

Section Five. This act shall take effect upon its pas- sage.

Passed under suspension of the rules.

ORDER FOR PETITION FOR SPECIAL LAW RE THE MARLIAVE RESTAURANT (DOCKET NO. 1476)

Coun. KELLY offered the following:

Ordered, That a petition to the General Court, accom- panied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause ( 1 ) of Section eight of Article two, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:

Notwithstanding the provisions of any general or spe- cial law to the contrary, The Marliave Restaurant, Inc., is hereby authorized to sell alcoholic beverages on the fifteenth, twenty-second and twenty-ninth days of De- cember, nineteen hundred and ninety-one; provided, however, that it otherwise complies with the terms of its license to sell such beverages.

Passed under suspension of the rules.

ORDER FOR PETITION FOR SPECIAL LAW RELA- TIVE TO POSSESSION OF KEGS OF MALT BEVERAGES IN BOSTON (DOCKET NO. 1477)

Couns. McCORMACK, McLAUGHLIN, SA- LERNO, IANNELLA, TRAVAGLINI, SCONDRAS,

RESOLUTION RE FY92 BUDGET (DOCKET NO.

1478)

Couns. MENINO, TRAVAGLINI, BOLLING, IAN- NELLA, BYRNE, SALERNO, O'NEIL, SCONDRAS, HENNIGAN CASEY, YANCEY, McLAUGHLIN, and McCORMACK offered the following:

Whereas, The Mayor has instructed the City Auditor to reduce City and County appropriations by $ 1 1 , 823 ,000 in order to balnce the City's FY'92 budget, and

Whereas, Several million dollars of the Administra- tion's proposed cuts are made to essentia] public safety and public health services, and

Whereas, The FY'92 budget document states that pub- lic safety and health care are "Mayoral Priorities" and that the budget has been "crafted to maintain esential services in these areas . . .", maintaining "the uni- formed strength of the Police Department at 2,083 offi- cers," and ensuring that "community health center grants will remain at $5.2 million," and

Whereas, The proposed cuts run counter to the stated priorities of both the Administration and the City Coun- cil by not hiring police officers in sufficient number to maintain the 2,083 staffing goal, and

Whereas, Reduced health center grants can put at risk the growing number of unemployed and underemployed Boston residents who are without health insurance as evi- denced by a recent administration report that health care inquiries to the Mayor's Health Hot Line are up by 41 % , and

DECEMBER 11, 1991

303

Whereas, Section 18 of Chapter 190, Acts of 1982, as amended by Chapter 701 of the Acts of 1986, allows the Mayor to reallocate "no more than three million dollars of nonpersonnel appropriations other than school appro- priations during a fiscal year to other departmental pur- poses" and

Whereas, The City Council has always maintained that the Administration has improperly used this provision every year to raise the amount of funds appropriated for departmental expenditures above the total amount ap- proved by the City Council by taking the funds from a fixed cost account — debt service — rather than reallo- cating from other departments, an accounting measure that, in our opinion, is not allowed by statute, and

Whereas, The Administration has once again used the debt service account as a source of mayoral reallocations for administrative departments that were supposed to live within the budgets passed by the City Council on July 1 , 1991 , now therefore be it:

Resolved, That the Mayor rescind the following may- oral allocations made on September 17, 1991:

Law Department, $115,000; ASD-Purchasing, $72,000; ASD-IGR, $37,000.

and that $2,482,000 from the debt savings account be combined with that $225,000 savings and redistributed as follows:

Police Dept. — $1 ,000,000, for a new recruit class to

begin in March, 1992, or as soon as possible

Penal — $725,000, to allow the Sheriff to use the new

House of Correction to its full capacity

Jail — $275,000, to ensure the receipt of a least $3.6M

in deeds excise funds

Library — $500,000, to allow the City to keep $8M in

state grants

H & H — $207,000, to be held in reserve for restora- tion of the grants to community health centers in the

event that these grants are not picked up by associated

hospitals.

The resolution was adopted under suspension of the rules.

Councillor KELLY requested that he be recorded as voting in the negative on the foregoing resolution.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1479)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 11, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, March 11, 1992:

Laurence Bresslour, secretary, $400 per week, part time, 21 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1480)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 11, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, March 11, 1992:

Albertina White, secretary, $504.40 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1481)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 18, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, March 18, 1992:

Albertina White, secretary, $354.40 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1482)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 11, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, March 11, 1992:

Kurt Sharpp, secretary, $775 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1483)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 18, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, March 11, 1992:

Kurt Sharpp, secretary, $525 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1484)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 11. 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday, March 11, 1992:

Joyce Holland, secretary, $1,039.66 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1485)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 18, 1991 the following-named person be, and hereby is, ap- pointed to the position set against her name until Wednesday. March 18, 1992:

Joyce Holland, secretary, $689.66 per week, full time, 35 hours.

Passed under suspension of the rules.

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APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1486)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 3, 1991 the following-named person be, and hereby is, appointed to the position set against his name until Wednesday, De- cember 31, 1992:

Kevin Peterson, administrative assistant, $657.76 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1487)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, November 27, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, December 31, 1992:

Anthony Telloni, secretary, $500 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1488)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, July 3, 1991 the following-named person be, and hereby is, appointed to the position set against his name until Wednesday, De- cember 31, 1992:

Brooke Woodson, secretary, $902.96 per week, full time, 35 hours.

Passed under suspension of the rules.

ORDER THAT EVERY EFFORT BE MADE TO AC- COMMODATE DEPARTMENTS THAT MAY BE RENTING SPACE OUTSIDE OF MUNICIPALLY-OWNED BUILDINGS WITHIN EXISTING CITY-OWNED BUILDINGS (DOCKET NO. 0393)

Coun. SCONDRAS called Docket No. 0393 from the Committee on Ways and Means under Rule 20. Having been in Committee more than 42 days, the matter was before the body.

Coun. SCONDRAS moved that the order be amended by removing the words "and the Boston Finance Com- mission' ' from the third ' 'WHEREAS" and by changing the amount mentioned in the fourth "WHEREAS" to $1,339,215.

The motion was carried.

The order, as amended, was recommitted to the Committee on Ways and Means.

ORDER THAT FUND FOR BOSTON NEIGHBOR- HOODS HOLD SERIES OF RAFFLES CALLED THE "BOSTON SWEEPSTAKES" OR ANY OTHER APPROPRIATE NAME, WITH ALL PROCEEDS TO BE DONATED TO THE EMER- GENCY SHELTER COMMISSION, BOSTON COMMUNITY SCHOOLS AND THE ELDERLY COMMISSION THROUGH ANY LEGAL VEHI- CLE DEEMED APPROPRIATE BY CORPORA- TION COUNSEL (DOCKET NO. 0395)

Coun. SCONDRAS called Docket No. 0395 from the Committee on Ways and Means under Rule 20. Having been in Committee more than 42 days, the matter was before the body.

Coun. SCONDRAS moved passage of the order.

The order was passed.

CONSENT AGENDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Travaglini: The North End Business Alli- ance (Docket No. 1489).

Councillor Salerno: HOPE, the Hispanic Office of Planning and Evaluation, Inc. (Docket No. 1490).

The matters contained within the Consent Agenda were severally adopted.

Adjourned at 3:10 p.m., on motion of Councillor Travaglini, to meet on Wednesday, December 18, 1991, at 1 p.m.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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Proceedings of City Council

Wednesday, December 18, 1991. Regular meeting of the City Council held in the Council Chamber, City Hall, at 1 p.m., President IANNELLA in the chair, and all the members present.

INVOCATION

Reverend William McPherson, Pastor of the Berea Seventh Day Adventist Church, Dorchester, delivered the invocation, and the meeting was opened with the pledge of allegiance to the flag.

hereby appoint, subject to confirmation by your Honor- able Body, the following-named persons as Weighers of Goods for a one-year term beginning with the first day of May, 1991:

Mr. Girhardi Sarin, 439 Union Street, South Wey- mouth, MA 02190.

Mr. Norman Harrison, 44 Mary Lane, Bridgewater, MA 02324.

The commission of all Weighers of Goods not named herein expires on April 30, 1991 and such Weighers of Goods are hereby removed from office from and after May 1, 1991.

Sincerely,

Raymond L. Flynn, Mayor.

Ordered, That pursuant to City of Boston Code, Ordi- nances, Title 2, Section 351, the following-named per- sons, having been appointed to be Weighers of Goods for the term of one year ending April 30, 1992, be and hereby are confirmed:

Mr. Girhardi Sarin, 439 Union Street, Weymouth, MA.

Mr. Norman Harrison, 44 Mary Lane, Bridgewater, MA.

On motion of Coun. IANNELLA, the rules were sus- pended; the order was passed.

TRIBUTES TO CORPORATION COUNSEL

President IANNELLA, for all the Councillors, pre- sented the best wishes of the Council to Joseph Mulligan, Corporation Counsel of the City of Boston, who is retir- ing to private life after eight years as Corporation Coun- sel. Mr. Mulligan accepted with gratitude the kind senti- ments of the Council and said that he considered it an honor to have served them for the past eight years and wished them the best for the future. Councillors HENNI- GAN CASEY, KELLY, BYRNE, O'NEIL, BOLLING and MENINO expressed their individual good wishes publicly to Mr. Mulligan.

VISITORS TO CITY COUNCIL

President IANNELLA introduced Councillor HEN- NIGAN CASEY who presented Mr. Arthur Levitsky and his wife Kathleen a citation honoring Arthur for his years of dedication to the City of Boston and expressing their gratitude to Arthur and Kathleen for their commit- ment to the senior citizens of their community. Arthur thanked Councillor HENNIGAN CASEY and the mem- bers of the Council for their recognition of his service to the children of Boston, the environment, and the elderly, and expressed his thanks to his wife, who has always been at his side in his various endeavors. He wished the Members of the Council a very merry Christmas and a happy New Year.

ORDER FOR CONFIRMATION OF APPOINTMENT OF WEIGHERS OF GOODS (DOCKET NO.

1493)

The following was received:

City of Boston Office of the Mayor

December 17, 1991. To the City Council. Dear Councillors:

Pursuant to the authority vested in me by the City of Boston Code, Ordinances, Chapter II, Section 2-7.2, I

ORDER FOR CONFIRMATION OF APPOINTMENT OF CONSTABLE (DOCKET NO. 1494)

The following was received:

City of Boston Office of the Mayor

December 17, 1991. To the City Council. Dear Councillors:

Subject to confirmation by your Honorable Body, I hereby appoint the person on the enclosed order as Con- stable of the City of Boston, authorized to serve civil process upon filing of bond, for the period commencing May 1, 1991 and ending April 30, 1992. Sincerely,

Raymond L. Flynn, Mayor. Ordered, That the appointment of the following- named person as Constable of the City of Boston for the period commencing May 1, 1991 and ending April 30, 1992 be, and hereby is confirmed. Dennis M. Conway, 35 Sagamore Street, Dorchester. On motion of Coun. BYRNE, the rules were sus- pended; the order was passed.

CRIME STATISTICS FOR PERIOD 1 1/2/91 TO 11/8/91 (DOCKET NO. 1495)

The following was received:

City of Boston Office of the Mayor

December 17, 1991. To the City Council. Dear Councillors:

I transmit herewith communication received form the Police Department pertaining to crime statistics for the period commencing November 2, 1991 and ending No- vembers, 1991.

Sincerely,

Raymond L. Flynn Mayor. (Annexed hereto is the documentation referred to.) Placed on file.

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NOTICE FROM CITY AUDITOR RE EXHAUSTION OF RENT EQUITY BOARD ALLOTMENT (DOCKET NO. 1496)

Notice was received from Sally M. Degan, Auditor, re: exhaustion of second quarter's allotment for the Rent Equity Board.

Referred to the Committee on Ways and Means.

NOTICE FROM CITY AUDITOR RE MAYOR'S GRANTING WAIVER TO RENT EQUITY BOARD (DOCKET NO. 1497)

Notice was received from Sally M. Degan, Auditor, of the granting by the Mayor of a waiver of the personal services quarterly allotment for the Rent Equity Board.

Referred to the Committee on Ways and Means.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1498)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 18, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, December 31, 1992:

Anthony Telloni, secretary, $625 per week, full time, 35 hours.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1499)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 25, 1991 the following-named person be, and hereby is, ap- pointed to the position set against his name until Wednes- day, December 31, 1992:

Anthony Telloni, secretary, $500 per week, full time, 35 hours.

Passed under suspension of the rules.

ORDER THAT CONTRACT BETWEEN CITY AND ELECTRICAL CONTRACTOR BE AMENDED TO INSURE INSTALLATION OF THERMO- STATS IN LOCATION TO BEST REGULATE HEAT IN COUNCILLORS' OFFICES (DOCKET NO. 1500)

Coun. KELLY offered the following:

Whereas, Electric heat is being installed in each coun- cillor's office; and

Whereas, The heat in the inner offices of the council- lors will be controlled by individual thermostats; and

Whereas, In two of the offices these thermostats have been installed immediately over the heating units; and

Whereas, The plans do not include thermostats in the outer offices of the councillors; now therefore be it

Ordered, That the existing contract between the city and the electrical contractor be amended to insure that the thermostats are installed in the location which will be best to regulate the heat and be it further

Ordered, That thermostats will be installed in the outer offices.

Passed under suspension of the rules.

ORDER THAT CITY CLERK CARRY OUT PROVI- SIONS OF LAST PARAGRAPH OF RULE 20 OF CITY COUNCIL RULES AND PLACING ON FILE ALL MATTERS CONTAINED ON CAL- ENDAR FOR PERIOD LONGER THAN 42 DAYS (DOCKET NO. 1501)

Coun. IANNELLA offered the following:

Ordered, That unless otherwise directed, the City Clerk be and hereby is instructed to carry out the provi- sions of the last paragraph of Rule 20 of the Rules of the City Council; and, be it further

Ordered, That unless othewise directed, all matters contained within the calendar of the City Council for a period longer than forty-two days be placed on file at the end of the final meeting of the municipal year.

Passed under suspension of the rules.

STATEMENT OF COUNCILLOR MENINO

Having received unanimous consent to do so, Council- lor MENINO stated that the Council had been having discussion about the appropriate order of cutting appro- priation expenditures by the administration. He said that he had had several public hearings, and yesterday the Corporation Counsel gave an opinion stating that the City Council does not have the power to reject the execu- tive orders by the Mayor.

Councillor MENINO stated that the executive order by the Mayor violated the appropriation order passed by the Council on June 30, 1991 , particularly in cutting the classes at the Police Academy from two to one. He said the administration should have had reductions in expend- itures, not appropriations.

He stated that this administration fails to deal with real- ity, that there are legislative pieces on the books requir- ing they do certain things. As Chairman of the Commit- tee on Ways and Means, he does not see that the Council should act on these cuts at this time. The Council will deal with this situation after the New Year because there are issues that must be solved. It is not this Council that is holding up anything; it is the executive branch, because when the Council passed the budget it believed that the priorities of the administration were public safety and public health, and now the cutting of those two areas by the executive branch violated the legislative intent of the document passed.

STATEMENT OF COUNCILLOR O'NEIL

Having received unanimous consent to do so, Council- lor O'NEIL stated that the administration was exhibiting fiscal insanity when it recommended cutting the budget of the Library Department, when, if that were done, the City would lose $8,000,000 in grant money. He said that by its proposed cuts in the field of Public Safety, it vio- lates the wishes of the people, who want more officers on the street, not less. Why does the administration not cut some of the expensive cars, public relations people, lux- ury items? Councillor O'NEIL would like to cut, if he had the power, the Parkman House and 26 Court Street, the School Department building, sell both of them.

STATEMENT OF COUNCILLOR YANCEY

Having received unanimous consent to do so, Council- lor YANCEY stated that he just wanted to concur with

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most of what the previous two speakers had said, particu- larly with reference to the City's priorities, that they should be Public Health and Public Safety , but that, since the mayor appears to have taken total control, the City of Boston will finally put Public Education at the top of its list of priorities, not as an afterthought.

LATE-FILED MATTERS

The Chair moved that the rules be suspended and that five late-filed matters in the hands of the City Clerk be added to the Agenda.

The motion was carried.

The five matters were added to the Agenda to be indi- vidually considered.

APPOINTMENT OF TEMPORARY EMPLOYEES (DOCKET NO. 1512)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, December 18, 1991 the following-named persons be, and hereby are, appointed to the positions set against their names until Wednesday, March 18, 1992:

Anthony Telloni, secretary, $300, full time.

Brooke Woodson, secretary, $652.96, full time.

Kevin Peterson, administrative assistant, $482.76, full time.

Madeline Cahill, administrative assistant, $316.09, part time.

Julie McDonough, administrative assistant, $498.08, full time.

Maureen Feeney, secretary, $593.87, full time.

Claire Ordile, administrative assistant, $316.09, part time.

Shirley De Roma, secretary, $300, part time.

Audrey Fannon, secretary, $555.55, full time.

Eugene P. McCarthy, secretary, $230, part time.

Robert Kavin, administrative assistant, $632.18, full time.

Marguerite Malone, secretary, $478.93, full time.

Brian J. Fish, administrative assistant, $609.78, full time.

Daniel M. DeSantis, secretary, $609.78, full time.

Annmarie Geary, secretary, $295, full time.

Carolyn Geary, administrative assistant, $718.58, full time.

Paul Walkowski, administrative assistant, $709.58, full time.

Virginia Ferko, administrative assistant, $566, part time.

Jeanne Levesque, administrative assistant, $690, full time.

Andrea Long, secretary, $479, full time.

Margaret Gannon, administrative assistant, $643.90, full time.

Evelyn Riesenberg, secretary, $643.90, full time.

Martha Pierce, secretary, $287.36, part time.

Jack Wigon, secretary, $80, part time.

Elaine O'Connor, secretary, $629.22, full time.

Nancy Grilk, secretary, $521.33, full time.

Thomas Crowley, secretary, $597.91 , part time.

Helen Carson, secretary, $834.56, full time.

Margaret O'Leary, administrative assistant, $889.56, full time.

Gary Dotterman, secretary, $480, full time.

Shelagh Geoghegan, secretary, $480, full time.

Christopher Norris, secretary, $480, full time.

P. Dimitri Tymoczko, secretary, $287.91, part time.

Thomas Bagley, administrative assistant, $555.15, full time.

Charles Clabaugh, administrative assistant, $526.82, full time.

Josephine Dzygala, administrative assistant, $75, part time.

Anthony Marmo, secretary, $65, part time.

Kristine Luongo, secretary, $350, full time.

Anthony Palomba, administrative assistant, $574.71, full time.

Catherine Fratianni, administrative assistant, $498.08, full time.

Maureen Piraino, administrative assistant, $517.24, full time.

Ann Gerzofsky, secretary, $100, part time.

Joyce Holland, secretary, $689.66, full time.

Kurt O. Sharpp, secretary, $525, full time.

Albertina White, secretary, $463.20, full time.

Robert Davis, messenger clerk, $339.01, full time.

Cheryl Morris, office manager, $534. 18, full time.

Bridget McMullen, receptionist, $509.28, full time.

Maureen Flynn, legislative assistant, $537.93, full time.

Kathleen Mullaney, legislative secretary, $402.30, full time.

John Erwin, legislative assistant, $537.93, full time.

Passed under suspension of the rules.

APPOINTMENT OF TEMPORARY EMPLOYEE (DOCKET NO. 1513)

Coun. IANNELLA offered the following:

Ordered, That effective Wednesday, January 1, 1992 the following-named person be, and hereby is, appointed to the position set against his name until Wednesday, April 1,1992:

Jarrett Barrios, secretary, $288 per week, part time, 21 hours.

Passed under suspension of the rules.

REPORT ON ORDINANCE AMENDING CBC, OR- DINANCES, CHAPTER 19, FORBIDDING PO- SESSION OF CERTAIN DANGEROUS WEAP- ONS IN SCHOOLHOUSES AND IN CITY HALL (DOCKET NO. 0159)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 0159, ordinance amending CBC, Ordinances, Chapter 19, forbidding the posses- sion of certain dangerous weapons in schoolhouses and in City Hall (referred December 12, 1990) recommend- ing passage of the ordinance.

The report was accepted; the ordinance was passed.

REPORT ON ORDER AUTHORIZING SHERIFF OF SUFFOLK COUNTY TO ACCEPT AND EX- PEND GRANT NOT TO EXCEED $49,000 FROM MASSACHUSETTS COMMITTEE ON CRIMINAL JUSTIC (DOCKET NO. 1381)

Coun. O'NEIL, on behalf of the Committee on Public Safety, submitted the following:

Report on Docket No. 1381, message of the Mayor and order authorizing the Sheriff of Suffolk County to accept and expend a grant not to exceed $49,000 from the Massachusetts Committee on Criminal Justice (referred November 20) recommending passage of the order.

The report was accepted; the order was passed.

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REPORT ON ORDINANCE CONCERNING SECU- RITY FOR STUDENT HOUSING (DOCKET NO.

1357)

Coun. McLAUGHLIN, on behalf of the Special Com- mittee on University-Community Relations, submitted the following:

Report on Docket No. 1357, ordinance concerning se- curity for student housing (referred October 30) recom- mending passage of the ordinance in the following new draft:

AMENDMENT TO CITY OF BOSTON CODE ORDINANCE 9

Section 506

This section defines the terms used throughout the or- dinance. Neighbors are those who reside or operate a business within the same precinct as the student housing. Student housing includes all buildings except those which are less than four units AND owner occupied. The ordinance applies when fifty percent of the units are rented to students in buildings containing less than 20 units. If there are twenty or more units, ten units must be rented to students. University or college controlled hous- ing with security provided by the controlling institution is exempt from this ordinance.

Section 507

Requires the Commissioner of Inspectional Services to promulgate regulations. The regulations must at least in- clude a complaint process whereby neighbors and resi- dents of student housing (after obtaining nine other sig- natures or residents or neighbors) file complaints with ISD. ISD must investigate to determine whether the building meets the definition of student housing and whether there is probable cause to show a risk to safety, security, and quiet enjoyment. Notice of ISD's determi- nation must be sent to the landlord & the complaining party. A hearing may be requested. The landlord's right to a hearing is waived if it is not requested within 10 days.

If a risk is shown to exist by a preponderance of the evidence, then ISD shall order the landlord to request a crime prevention survey. The landlord may be fined $150 each day for non-compliance. Occupants and neighbors have a private right of action to seek enforce- ment of the landlord's obligation to request a crime pre- vention survey.

The landlord must provide the security measures iden- tified in the security plan as developed after the crime prevention survey . The landlord may request modifica- tion of the security plan by submitting such to the Com- missioner of ISD.

If the landlord feels the building no longer meets the definition of student housing, the landlord must ask for a determination by the Commissioner of ISD.

Section 508

The security plan is based upon a crime prevention survey completed by BPD. The landlord must incorpo- rate all elements recommended by the crime prevention survey.

Survey is free to the landlord.

Section 509

The landlord prepares the security plan and must sub- mit it for approval by the Commissioner of ISD within 30 days of receipt of the crime prevention survey. Measures may be presumed adequate if the survey determines that no additional precautions are needed and the landlord agrees to maintain current security measures. Complain- ing parties may rebut the presumption.

The landlord may petition for a modified security plan. The Commissioner of ISD determines whether costs or other constraints make the security plan unfeasible or

whether the plan is unnecesary. The Commissioner in making decisions must consult with a certified crime pre- vention officer from BPD.

Section 510

The Commissioner of ISD must notify a landlord who is in non-compliance with the ordinance. Landlord has 30 days after notice to comply before fined $150 each day after. Occupants and neighbors may request a hear- ing also.

AMENDMENT TO CITY OF BOSTON CODE ORDINANCE 11

BPD Commissioner designates personnel to do crime prevention surveys. Certified as crime prevention offi- cers.

Form for crime prevention surveys is to be developed by BPD and ISD. Survey must include findings and one page summary itemizing requirements.

No fee to landlord. Landlord gets copy and so does ISD.

BPD Commissioner designate officers to assist ISD in the assessment of adequacy of security plans.

NON-LIABILITY OF THE CITY OF BOSTON

No duty on part of City of Boston greater than general public duty to protect citizens' health, safety, security and well-being. ISD's determination is not a warrantee or guarantee.

SEVERABILITY If any part of the ordinance is found unconstitutional, the remaining provisions remain unaffected.

EFFECTIVE DATE Effective upon passage.

Be it ordained by the City Council of Boston, in accord- ance with the provisions of Massachusetts General Laws Chapter 43B, Section 13, and any other appli- cable law, as follows:

Whereas, The City of Boston has many undergraduate institutions for learning, and has prided itself on its his- toric role in providing undergraduate education; and

Whereas, Most of the colleges and univerities in the City of Boston provide security for dormitories or hous- ing controlled by such colleges or universities, both to protect their undergraduate students and to protect the peace and quiet enjoyment of the neighboring commu- nity, and

Whereas, Given the lack of on-campus housing at many colleges and universities in the City of Boston, stu- dents are often unable to find housing in college and university-controlled dormitories and housing, but have to secure such housing through arrangements not con- trolled by the college or university; and

Whereas, Some owners who rent out housing to stu- dents of undergraduate institutions have failed to take adequate safeguards to protect the safety and security of such students, of other occupants in the premises, and of neighboring residents and businesses, and there have been a series of serious incidents in which the peace and quiet enjoyment of the public has been disturbed; and

Whereas, It is in the public interest that such owners be required to take additional security precautions where there is evidence of a breach of quiet enjoyment or en- dangerment to students, other occupants, or neighboring residents and businesses; and

Whereas, The Inspectional Services Department of the City of Boston has the authority, under Section 127 A of Chapter 1 1 1 of the General Laws, to adopt regulations to provide for safety and security of residential premises, and such authority has previously been used by the City

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of Boston to provide for the safety and security of other housing vested with a public interest, i.e., housing for the elderly and the handicapped;

Now, Therefore, Be it Ordained by the Boston City Council, as follows:

SECTION ONE, AMENDMENT TO CITY OF BOSTON CODE, ORDINANCE 9. The City of Boston Code, Ordinance 9, as amended by Chapter 19 of the Ordinances of 1981 , by Chapter 26 of the Ordinances of 1984, by Chapter 39 of the Ordinances of 1984, and by Chapter 4 of the Ordinances of 1989, is hereby further amended in the following respects, by adding the following Sections 506 through 510.

Section 506. Definitions.

For the purposes of Sections 506 through 510 here- after, the following definitions shall apply:

(a)"Crime prevention survey " , a survey conducted by the Boston Police Department identifying the security needs of the occupants and neighbors of student housing and making recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, safety officers, resident managers, se- curity stations, security systems, or other equipment, personnel, or program. See also City of Boston Code, Ordinance 1 1 , Chapter 1 , as amended.

(b) "Dwelling unit," as defined in Section 500(c).

(c) "Landlord," the individual who holds title or con- trol of any student housing including, without limitation, a partnership, corporation, condominium association, or trust. For purposes of this ordinance, the rights and du- ties of the landlord hereunder shall be the obligation of anyone who manages, controls, or customarily accepts rent on behalf of the landlord.

(d) "Neighbors of student housing," persons who re- side or operate businesses within the same precinct as the student housing involved.

(e)"Occupants of student housing," persons who rent or occupy buildings, structures, developments, or com- plexes which come within the definition of student hous- ing, regardless of whether such persons are themselves students of undergraduate institutions.

(0 "Security plan," a plan for providing security for the occupants and neighbors of student housing, based upon a crime prevention survey, which meets the criteria set forth in Section 508 and which has been developed in accordance with the process set forth in Section 509.

(g) ' ' Student housing , ' ' any building , structure , devel- opment or complex of one or more dwelling units under common ownership or control, rented or offered for rent for dwelling purposes within the City of Boston, which is rented to or occupied by persons who are students in un- dergraduate institutions, provided, however, one, two, and three-family properties which are occupied by all of the legal and beneficial owners of the property shall be exempt from this ordinance; provided further, however, that in buildings, structures, developments or complexes consisting of less than twenty (20) dwelling units, fifty percent (50%) or more of such dwelling units must be rented to or occupied by persons who are students in un- dergraduate institutions, and that in buildings, struc- tures, developments or complexes consisting of twenty or more dwelling units, at least ten ( 10) of such dwelling units must be rented to or occupied by persons who are students in undergraduate institutions. Such student housing shall include dwelling units which are rented out to institutions, corporations or persons, and in turn are then sub-let to, or occupied by, students of undergradu- ate institutions. Such student housing shall not include housing which is located on the campus of a university or college or housing which is controlled by a university or college, so long as the university or college provides se- curity for such housing to protect students, occupants,

and neighbors of such housing. In determining whether property continues to be used as student housing, the Commissioner shall treat vacant units which were for- merly rented to or occupied by students in undergraduate institutions as counting toward the unit threshhold, un- less the landlord establishes by clear and convincing evi- dence that it is no longer his intent to rent out such units to students of undergraduate institutions.

Section 507. Security Requirements for Student Hous- ing Where There Is Probable Cause to Believe That There Is A Risk to the Occupants or Neighbors of Such Housing.

The Commissioner of the Inspectional Services De- partment shall promulgate regulations, pursuant to his/her authority under section 127A of Chapter 1 1 1 of the General Laws, and consistent with the requirements of the State Sanitary Code and Sections 506 through 510. These regulations shall take effect within ninety (90) days of the effective date of this Ordinance. Such regula- tions shall require the following:

(a) That a complaint process shall be established whereby occupants and neighbors of student housing may file a complaint and request for investigation with the Inspectional Services Department if there are breaches of the peace and quiet enjoyment of the public or the occupants of such student housing committed on or near such student housing premises. A neighbor or occu- pant of student housing may file a complaint upon obtain- ing the signatures and addresses of nine (9) other neigh- bors or occupants of the student housing premises. Such complaints shall be taken without regard to whether the premises do in fact come within the definition of student housing.

(b) That, within ten (10) days of receipt of a complaint under this section, the Inspectional Services Department shall investigate to determine: (i) whether the premises appear to meet the definition of student housing in terms of the number of units and the number of units occupied by students; and (ii) whether there is probable cause to believe that there is a risk to the safety, and quiet enjoy- ment of occupants or neighbors of student housing as the result of insufficient security measures taken with regard to such student housing. Such investigation shall be com- pleted within ten (10) days of receipt of the complaint by the issuance of a notice determining whether there is or is not probable cause to proceed further. Such notice shall be sent to the landlord of the student housing and to the complaining party of parties. Complaining parties who have been notified that there is no probable cause to pro- ceed further shall have the right to request a hearing from the Commissioner in manner similar to that provided in G.L. c. Ill, s 127B to challenge the Commissioner's failure to respond to a request for investigation or to chal- lenge the Commissioner's determination that there is no probable cause to proceed further.

(c) If the Commissioner determines that there is proba- ble cause to proceed, the notice to the landlord shall state the following:

(i) The landlord may request a hearing to contest the finding of probable cause, which shall be conducted in a manner similar to that provided in G.L. c. Ill, s. 127B.

(ii) If the landlord does not request a hearing in a timely matter, the landlord must request a crime prevention survey to identify the steps that can be taken by the landlord to insure the safety, security and quiet enjoy- ment of occupants and neighbors of the student houisng. The notice shall also state that if the landlord fails to re- quest a hearing within ten (10) days of the date of the Commissioner's notice of probable cause, the landlord shall be deemed to have waived election of a hearing, and shall be ordered to request a crime prevention survey.

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(d) If a landlord fails to request a hearing as provided in subsection (c) above, or if a hearing is requested and, following such hearing, it is determined by a preponder- ance of the evidence that there is probable cause to be- lieve that there is a risk to the safety, security, and quiet enjoyment of occupants or neighbors of student housing as the result of insufficient security measures taken with regard to such student housing, the Commissioner of the Inspectional Services Department shall order the land- lord to request a crime prevention survey within ten (10) days. If the landlord fails to make such a request, he shall be subject to a fine of $150.00. Each day's failure to respond to the Commissioner's order thereafter shall constitute a separate violation. The landlord shall also be subject to prosecution for failing to respond to the Com- missioner's order in the same manner as is provided for under Article II of the State Sanitary Code. Occupants and neighbors of the student housing shall also have a private right of action to seek enforcement of the land- lord's obligation to request a crime prevention survey.

(e) If the landlord requests a crime prevention survey and, following the survey, it is determined that a security plan is necessary, the landlord must provide the security measures identified in the security plan, as developed and approved in compliance with the provisions of Sec- tions 508 and 509. After a security plan is adopted, the landlord shall have the continuing duty to provide the security measures identified in the security plan. Any re- quest for modification in the security plan must be sub- mitted to the Inspectional Services Department for prior review and approval. Failure to continue to provide the security measures mandated by a security plan shall con- stitute a violation and be subject to enforcement under Section 510.

(f) If, at any time following a finding of probable cause by the Commissioner of the Inspectional Services De- partment, the landlord of student housing changes the way in which the property is rented out, such that it is the landlord's position that the property no longer meets the definition of student housing, the landlord shall so notify the Commissioner in writing. The Commissioner shall investigate the landlord's claim and shall give notice of the same and an opportunity to respond to the complain- ing parties. Such investigation shall be completed within ten (10) days of receipt of the landlord's notice by the issuance of a notice determining whether the premises should continue to be treated as student housing subject to the provisions of this ordinance. Such notice shall be sent to the landlord of the student housing and to the com- plaining party or parties. Parties aggrieved by the Com- missioner's determination shall have the right to request a hearing from the Commissioner in a manner similar to that provided in G.L. c. Ill, s. 127B.

Section 508, Criteria for a Security Plan.

A security plan shall be based upon a crime prevention survey which has been completed by the Boston Police Department, and shall incorporate all of the elements recommended by the crime prevention survey for the ad- equate protection of the occupants and neighbors of the student housing, except as otherwise provide in Section 509. Each crime prevention survey shall include both findings as to the security needs of the occupants and neighbors of the student housing and recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, safety offi- cers, resident managers, security stations, security sys- tems, or other equipment, personnel, or programs. Each survey shall also include a one-page summary, on offi- cial Police Department stationery, itemizing the ele- ments recommended.

The landlord shall be responsible for arranging for a crime prevention survey by the Boston Police Depart-

ment, and shall notify the Commissioner of the Inspec- tional Services Department in writing at the same time that he requests such survey from the Boston Police De- partment. No fee shall be assessed to the landlord for such survey. The Boston Police Department shall carry out such crime prevention survey and provide a copy of the same to the landlord and the Inspectional Services Department upon completion, as provided for in Ordi- nance 1 1 , Chapter 1 of the City of Boston Code, as amended. Such surveys shall be completed within thirty (30) days of receipt of the landlord's request for a crime prevention survey. Section 509. Process for Approval of a Security Plan.

(a) Approval of Security Plan Incorporating Security Measures Recommended by Crime Prevention Survey.

Withing thirty (30) days of the receipt of the crime prevention survey, the landlord shall prepare a security plan for approval by the Commissioner of the Inspec- tional Services Department. Such plan shall be deemed to be in full compliance within this ordinance provided that: (i) the security plan mandates, at the very least, the provision of the security measures recommended in the crime prevention survey; and (ii) the parties whose com- plaint triggered the probable cause finding have not artic- ulated security needs which are not adequately addressed by the survey or the plan. If the crime prevention survey indicates that no security measures are needed additonal to those already in effect at the student housing, the secu- rity plan shall be presumed to be sufficient so long as the landlord, in such plan, agrees to keep in effect all exist- ing security measures; this presumption, however, may be rebutted by the complaining parties. In all cases, the complaining parties or their authorized representative must be given the opportunity to present their views to the Commissioner of the Inspectional Services Depart- ment at a hearing before the plan is accepted. The Com- missioner shall insure that prior notice of such hearing, as well as a copy of the landlord's security plan and the crime prevention survey, are provided to the complain- ing parties or their authorized representatives. Follow- ing the hearing, the Commissioner shall approve or modify the security plan, consistent with the recommen- dations of the crime prevention survey and the security needs articulated by the complaining parties. In review- ing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with a certified crime prevention officer from the Boston Police Depart- ment, as provided for in Ordinance 1 1 , Chapter 1 of the City of Boston Code, as amended. The Commissioner's approval or modification shall be in the form of a written decision, and shall be furnished to all affected parties within ten (10) days of the hearing date.

(b) Petition for a Modified Security Plan; Approval Process.

Within thirty (30) days of receipt of the crime preven- tion survey, if the landlord of student housing disputes the need for any of the specific security measures recom- mended by the crime prevention survey, or the method or the timetable for carrying out security measures, based on the fiscal or contracting constraints that apply to the particular housing, then the landlord can petition the Commissioner of the Inspectional Services Department for permission to submit a modified security plan which does not encompass all of the security measures man- dated by the crime prevention survey. Such petition shall be accompanied by a proposed security plan. If a land- lord submits a petition for a modified security plan, the landlord shall have the burden to show how any of the specific security measures recommended in the crime prevention survey are unnecessary, or, given the fiscal or contracting constraints particular to the development, how changes are needed in the method or timetable for implementation of security measures.

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In all cases, the complaining parties or their authorized representatives must be given the opportunity to present their views to the Commissioner of the Inspectional Services Department at a hearing before the petition and plan is accepted. The Commissioner shall insure that prior notice of such hearing, as well as a copy of the landlord's security plan and the crime prevention sur- vey, are provided to the complaining parties or their au- thorized representatives. Following the hearing, the Commissioner shall approve or modify the security plan, consistent with the recommendations of the crime pre- vention survey and the security needs articulated by the complaining parties.

Following the hearing, if the Commissioner of the In- spectional Services Department finds that: (i) any of the specific security measures recommended in the crime prevention survey are unnecessary to meet the security needs of occupants or neighbors of the stu- dent housing; or

(ii) within the fiscal or contracting constraints that ap- ply to the particular development, the landlord's pro- posed plan will provide a reasonable method or timeta- ble for meeting security needs, the Commissioner shall either approve the petition for a modified security plan or make such modifications to the plan as are necessary.

In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with a certified crime prevention officer from the Boston Police Department, as provided for in Ordinance 1 1 , Chapter 1 of the City of Boston Code, as amended. The Commis- sioner's approval or modification shall be in the form of a written decision, and shall be furnished to all affected parties within ten (10) days of the hearing date. Section 510. Enforcement.

The Commissioner of the Inspectional Services De- partment shall notify the landlord of student housing in the event the housing is found to be in non-compliance with the provisions of Sections 506 through 509, and shall order compliance. Except as otherwise provided in Sections 506 through 509, said landlord shall have thirty (30) days from the date of notification in which to achieve compliance with the Commissioner's order. Upon the expiration of the thirty (30) day period, the landlord of student housing still in violation of the order shall be subject to a fine of $150.00. Each day's failure to comply with the order thereafter shall constitute a sepa- rate violation of the Commissioner's order. Orders shall be enforced in a manner similar to that provided for en- forcement of orders under Article II of the State Sanitary Code. Occupants and neighbors of student housing shall have the right to request investigation by the Commis- sioner of the Inspectional Services Department in the manner provided in Section 507 if they believe that a landlord of student housing has failed to comply with the provisions of Sections 506 through 509. Such persons shall have the right to request a hearing from the Com- missioner in a manner similar to that provided in G.L. c. Ill, s. 127B if the Commissioner fails to respond to a request for investigation, if the Commissioner fails to make findings of non-compliance following an investiga- tion, or if the Commissioner fails to issue orders upon a finding of non-compliance.

SECTION TWO, AMENDMENT TO CITY OF BOSTON CODE, ORDINANCE 11.

Section Two of Chapter 4 of the Ordinances of 1 989 is hereby amended by striking the section in its entirety and substituting the following:

The City of Boston Code, Ordinance 1 1 , Chapter 1 , as amended, is hereby further amended by adding a new section thereto, which shall be appropriately numbered by the City Clerk.

The police commissioner shall designate such person- nel as he finds appropriate to undertake crime prevention surveys for elderly/handicapped multi-family housing developments and student housing, as provided for in Sections 500 through 510 of the City of Boston Code, Ordinance 9, as amended. Such personnel shall be certi- fied as crime prevention officers by the Criminal Justice Training Council or any future body providing similar certification. Surveys for elderly /handicapped develop- ments shall be carried out on a phased basis parallel to that of the notices sent under Section 501 by the Commis- sioner of the Inspectional Services Department; surveys for student housing shall be carried out upon receipt of a request from the landlord of student housing. Such sur- veys shall be completed within thirty (30) days of receipt of the landlord's request for a crime prevention survey.

Each crime prevention survey shall be on a form which is jointly developed by the police commissioner and the Commissioner of the Inspectional Services Department. Each completed survey shall include findings as to the security needs of the tenants/occupants of the housing and neighbors of such housing and recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, safety offi- cers, resident managers, security stations, security sys- tems, or other equipment, personnel, or programs. Each survey shall also include a one-page summary, on offi- cial Police Department stationery, itemizing the ele- ments recommended.

No fee shall be assessed to the landlord by the police commissioner for conducting the crime prevention sur- vey, but such survey shall be carried out as public service to the residents of the City of Boston. Upon completion of each crime prevention survey, the police commis- sioner shall insure that a copy of the same is provided to the landlord and to the Commissioner of Inspectional Services Department within thirty (30) days of receipt of the landlord's written request.

The police commissioner shall designate one or more certified crime prevention officer(s) to assist the Com- missioner of the Inspectional Services Department in the assessment of the adequacy of security plans, as pro- vided for in Sections 503 and 508 of the City of Boston Code, Ordinance 9, as amended. Such personnel shall be certified by the Criminal Justice Training Council or a similar body as being properly qualified to carry out crime prevention surveys.

SECTION THREE, NON-LIABILITY OF THE CITY OF BOSTON.

The provision of this ordinance shall not be construed to establish any duty on the part of the City of Boston greater than the City's general public duty to protect its citizens' health, safety, security and well-being. No de- termination by the Commissioner of the Inspectional Services Department or the Boston Police Department as to the adequacy of a landlord's security measureres shall be construed as a warranty or guarantee of such security, and the sole responsibility for insuring that security mea- sures are adequate to protect occupants and neighbors from foreseeable harm or risk shall rest and remain with the owner of such property.

SECTION FOUR, SEVERABILITY.

The provisions of this ordinance are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or inva- lidity shall not affect the remaining provisions which re- main in full force and effect.

SECTION FIVE, EFFECTIVE DA TE.

This ordinance shall take effect upon passage.

The report was accepted.

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Coun. McLAUGHLIN moved that in Section 507(b), in the third sentence, add the words "and to the dean of student affairs of the undergraduate institution in which the students are enrolled" after the word "party".

The motion was carried.

The ordinance in the new draft, as amended, was passed.

CERTAIN INFORMATION UNDER SECTION 17F RE INSPECTIONAL SERVICES DEPARTMENT (DOCKET NO. 1514)

Coun. SCONDRAS offered the following: Ordered: That, under the provisions of Section 17F of Chapter 452 of the Acts of 1948, as amended, and under any other applicable provision of law, His Honor, the Mayor, be, and hereby is, requested to obtain and deliver to the City Council, within one week of the receipt hereof, the following information:

1 . How many citations did ISD issue (broken out by week) relative to sandwich boards on Newbury Street between September 1, 1991 and December 18, 1991?

2. ISD has responsibility for a variety of codes (sani- tary etc.). Within each code, please list the priorities and allocation of personnel that reflect those priorities.

3. How many employees, by division, are there within ISD?

4. Please list the dollar amount of building permits paid to ISD during 1984, 1985, 1986, 1987; 1988, 1989, 1990, and 1991 (to date) in constant 1984 dollars, broken out by year.

5. ISD receives complaints from citizens and also city employees. Furthermore, ISD also can decide to imple- ment an investigation on its own. Please list the number of complaints undertaken by each and within each divi- sion.

6. Produce a cost benefit analysis, by type of com- plaint, factoring in rent at 1010 Massachusetts Avenue, and work-hours, so that we can compare the average complaint cost among the various divisions of ISD.

7. If the information requested above in number 6 in unavailable, please explain how ISD can project the de- ployment burdens with respect to items passed by the city council.

8. Are there contracts or other problems involved with transfering people at ISD who are not as busy as in the past to areas within the department which require more personnel? Please list these contracts or problems.

9. If Docket No. 1357 is passed by the city council, will it be enforced by ISD?

10. What measures will ISD take to see that Docket No. 1357 is enforced? Passed under suspension of the rules.

CONSENT AOhNDA

The Chair moved adoption of a Consent Agenda in which the following-named Councillors offered resolu- tions of a condolence or congratulatory nature as set forth after each Councillor's name:

Councillor Byrne: Patricia Egan (Docket No. 1502); Louis Pfeilsticker (Docket No. 1503).

Councillor Yancey: Viola Ramsey (Docket No. 1504).

Councillor Travaglini: Mr. and Mrs. John J. Donovan (Docket No. 1505).

Councillor McCormack: Juan and Mary Flores (Docket No. 1506).

Councillor Hennigan Casey: Arthur Levitsky (Docket No. 1507); Declaring December 14, 1991, "Carlos Diaz Day" (Docket No. 1508).

Councillors McLaughlin and McCormack: Allston/ Brighton delegation at State House (Docket No. 1509).

Councillor Iannella, for all the Councillors: Bruce C. Boiling (Docket No. 1510). Michael J. McCormack (Docket No. 1511).

On motion of Councillor Iannella, Rule 1 1 was sus- pended in order to add the following matters to the Con- sent Agenda:

Councillor Boiling: Sally LaMar (Docket No. 1515).

Councillor Iannella, for all the Councillors: Departing staff of Councillor Boiling: Brooke Woodson, Kevin Pe- terson, and Anthony Telloni (Docket No. 1516). Depart- ing staff of Councillor McCormack: Virginia Ferko, Jeanne Levesque, and Andrea Long (Docket No. 1517).

Councillor Yancey: Bruce C. Boiling (Docket No. 1518); John D. O'Bryant (Docket No. 1519); Juanita Wade (Docket No. 1520); Gerald Anderson (Docket No. 1492); Jean McGuire (Docket No. 1521).

The matters contained within the Consent Agenda were severally adopted.

PRESENTATION TO COUNCILLOR McCORMACK

President IANNELLA introduced Coun. YANCEY who, for all the Councillors, presented a plaque contain- ing a citation to Coun. McCORMACK, recognizing his accomplishments as City Councillor and wishing him success and happiness in his field of law and future public service endeavors.

Coun. McCORMACK accepted the plaque and stated that it has been a great honor and pleasure for him to have served the City of Boston as a Member of the City Coun- cil and in particular the residents of Allston/Brighton who sent him to the Council in 1981. He stated that he had enjoyed working with all the Councillors with whom he served and wished all of them good health, great suc- cess, and hoped that the Mayor and City Council con- tinue to do the good things for the City of Boston that they have done during his two terms there.

PRESENTATION TO COUNCILLOR BOLLING

President IANNELLA introduced Coun. O'NEIL who, for all the Councillors, presented a plaque contain- ing a citation to Coun. BOLLING. Coun. O'NEIL stated that he had known Coun. BOLLING long before he came to the Council, that he comes from a wonderful, dedi- cated family. Then he read the plaque listing Coun. BOLLING's accomplishments as City Councillor and wishing him success and happiness in all his future en- deavors.

Coun. BOLLING thanked Coun. O'NEIL and all the Councillors. He said it was not easy leaving the Council because these have been some of the fondest memories of his entire life. He believes that having been re-elected five times to continue his service was the height of re- spect. He said that he would always have a soft spot in his heart for the City Council and the work that it does for the people, that it is the closest branch of government to the people, and the people depend on them to meet the ligiti- mate concerns that they have. He wished all the Council- lors a very Merry Christmas and asked them to go into 1992 with a greater resolution than they had ever had to make this City the best city in this country because " if we can't do it here, we can't do it anywhere."

Adjourned at 2 : 1 2 p . m . , on motion of Councillors Mc- Cormack and Boiling, sine die.

Note: All debate of City Council eliminated from proceedings in accordance with Chapter 447, Acts of 1947.

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