^STONPUBUCUBRARY
9999 06549 627 3
mmm
BOSTON
LIBRARY
Digitized by the Internet Archive
in 2013
http://archive.org/details/reportsofproceed19912bost
REPORT OF PROCEEDINGS
OF THE
CITY COUNCIL OF BOSTON
FOR THE YEAR
COMMENCING JANUARY 7, 1991, AND ENDING DECEMBER 18, 1991
\^Lmg^m0m0:
^BOSTOBTIA 3|
&* 1680. <&%/
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
PRINTING SECTION
CITY COUNCIL
11
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.
12
CITY COUNCIL
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.
JANUARY 30, 1991
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.
14
CITY COUNCIL
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
PRINTING SECTION
CITY COUNCIL
17
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)
18
CITY COUNCIL
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)
20
CITY COUNCIL
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
23
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
24
CITY COUNCIL
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.
26
CITY COUNCIL
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
28
CITY COUNCIL
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:
30
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
31
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
32
CITY COUNCIL
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.
40
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.
CITY COUNCIL
47
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.
CITY COUNCIL
49
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
CITY COUNCIL
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.
CITY COUNCIL
53
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
54
MARCH 27, 1991
(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
CITY COUNCIL
55
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-
56
MARCH 27, 1991
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
CITY COUNCIL
57
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.
58
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
CITY COUNCIL
59
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-
60
MARCH 27, 1991
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
CITY COUNCIL
61
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
CITY COUNCIL
63
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
64
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.
CITY COUNCIL
65
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)
66
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
CITY COUNCIL
67
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
69
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
71
CO O O K. «tf
(dqoidp;
CD O O KT O
D O N-" N CO
CM O CD CD CM
<- 31 CO N N
i o o in tooocDooooooacnoooooooooooc
; 8 £ 8 5 8 8 5 S 8 5 8 8. 8 8 8 8 S 8 S S 8 S 8 8 8 S S
C> to cc i- id" o to o" o cd" tt h-" o tr> cm" o er, o c co o in tri o> o if* *■
'■mOlDOOCDTNOlOWO
.'-Qcvj'-oo^'-NiMCDCy
*- CM I If) t T CD n N
CD CD »-
1 i ■■yujr— UJOroc-TTCOO'- CM
O O ^" »- N CM CD W CD TON ^ C; -- (*) N Oi CO (D
O J-O D
in
(/> O V>
wzt
§*£
B £
=s >
cr o
t— cc
0)
H
Z
UJ
5
K
2
Ui
Q
£
2 Z
UJ
cr
cc
S
<
a
UJ
<
o
cc
2
m
O
<_>
c/> o l/J
:~"< <
CI
o O m o
O N- *- CM
min c
ID CM Q
CM CM CO
CM TT
O co -<r
££
in o
CD 00
in i-
^QQQOO^-uoq
CMOOCOCO^rOCMO
COOOf-^OCON-CMO
O CM
CO CO
CO o
CD Q
CM O
CM O
CD O Q Q O
co m o Bm
UO CM O *- Ol
u-> to
UO CM
CD'— in N LO O ^ P) O)
ai co co ^r in
Is-. ur> cm co
co o
CM
CM ^T
CO
O
C *T CD O) —
cn cm «-
CM CM CD
O O O CO O
m O Q r» O
CO T CO CO *-
in o O o
rr — co co
CO U*> CO T
in r^
88
CD t>- CO V 0)
CD CM N CO O
— ^r CM
CM MO O
*- in in —
in n.
■- CM
OCMOOOOO^TO
LOGOTlDCMnOT
rw o o co co cm o to o)
to in CD O) n" t f-*- co* a"
cm o o ai co in m
cm in in o v
CM tO *— CM
-J (/)
< UJ
8
8
m
CM
co
m
co
o
8
m
S
CO
n
cn
CD
CO
m
8
O
o
o
co
CD
01
If)
O
in
y
CO
o
m
•"
co
0)
r^.
CO
O
co
o
CM
*T
O
co
rr
*a
a>
co
■*T
>
CC
UJ
CO
T-
-7-
fs.
in
ro
*-
ro
^
g
«—
*r
CO
r^
ro
in
8
CO
ol
CO
^r
O,
Ol
IT,
10
(0
to
U")
cn
01
CM
in
T
V
t
T
UJ
^r
0,
CM
U_
CM
CM
*T
—
CM
in
r*.
*—
o
P3
U)
o
LO
CM
h-
a,
cn
co
CM
CO
o
^
CM
CNJ
co cn
5" 8"
CD CO
CMTOTCDOCMO
couooocnmcom
cm^— co^r*— *-cT>v
uo cn to co to" l^" o~) CJi
co cm cd CJ> in in *-
cm co m i co to
V *- ■<- o cm'
COtOOCOTTQCDQ
STOCOSO'-D
CO CO o to CO CO -^T o
co' o o> cn Q> o r^ —
^rincO'-cn^rtoci
lo n -- i o co oi in
•-" to ^o ^r" cm"
-= cj —
■5 P = -
w « S E
; cl ; o
5 co 5 O
2 OiQ c
« G cr ™
< < <. cd m O
o ID — o cn
p n n o ^
p o p 6 o
b co — o cr,
rn r. c --
^ - ^ T T
^ c
Of
c
re
(A
o
c
o
CO
CD
£
!/>
E
E
o
c
.o
tal Plannir
Clprk Dep
Council
3=
<
CC
E
-
"5
CD
E
E
c
O
to
CD
c
c
c
o
"o
c
.0
O
CD
LU
U
CJl
c
10
o
X
t
E
o
CJ
CO
CJ
Q- >- >-
r
u
(J O O
o
O
5
LU
UJ
re
LL
,c:
L^
1 « ■& g- *
£ E
El-„E
E 5
o Cl(
cd y 0-
gs s
i= re >.
. cd y
Sc?
S ° '5 -
co cc C i
co55
.£ CD >. „
fc ^.=5 o.i' 2^ ,y
■S "= c —
Q> -re cu o
2 Ll. Cl. c
o S
c. a.
c
CD —
C w C
iii
cd u ro
g to Q
.2 c "
!aii
LL o >
o y o
3 D 3
3 LL D
Cl- LL 0-
■ co cr, o
CO CO c
o cn o
r> r-. cr,
co o co
888S8
»- CD C\J CD O
8K88
o m co co
88
ininocnOocMf^o
mmO'-cor^,<Tuoo
to <-
in o
cm in
co o in o O
in o uo in to
8S
cn cn
Q T — CO CD
B CD — •-
CM
v r«- »— r*»
— to
N- Q s ^ ^ CD io O
CO CJl 00 CM CM »—
CD •<- CO
r*- cm
— CM
CO
CO to
CO
m
»- — CO CD CD
T CD CO N
CM O "—
O CM
CM
r^. o
CD O
co £r>
•>- U0
TT lO_
o> cm'
TO —
g o
|Q
Q o
>• ¥
E .» ft If £ 3
C3 CD CL C — C
C QJ CU q» Cu c
tx tx o cc cr cn
o o o o o
o o o p
ID — CM TT
o o o c
i^OCOCOCO— C_)0 — OCM — CT>CM--^r»-CM — OO — O Cl
CDOCOOCT>CVOtOin^in^rO^Qf^^O^QC'--QlO
roccorr^(NJtoCM«-'-CM-----Trc?)CrJCMTr ^rOOfOO —
Qoooooooooppopooooooooop
N - (^ M H -" O - •" O Ol ■- C) CM O ^ t-CM«-CDCCF — OCO
cnCvDOCDCM — toin-— ur» — f/ *— Of*- — O — coa-i — oj to
«o — CO " — CMlOCM*— — CM--'— ^ r( O CM T ^J — — CO — —
OOCOOCOOOOOOOOOOOOOOOOOO
CO 0- CO
co — rj
ooe-
72
APRIL 10, 1991
_J
o o o o o c
CO
o
8 8 8 2 8 8
CO
CD
t-
O CD O O O O
r-
pj •- i/) in in n
(£> ^r in co O
co
ID
ro ro cm *— c>
U">
cm
in
CO
Qt-OD
2 U»- z
O
2 r~. cc
o
o*
3si
<-
o —
z
v> O </>
§«£
= >
cc o
ft £
5ft£
3gS
tn o en
s5£
32
o >-
tool
2 Z 2
CM 8
CO
in
C7»
in
(/)
las
< CD
5°
CM CD
CM
©
Z
Ul
C\J N.
TT CM
CD
O
CO
o
CO*
2
h-
111 z —1
CM f~
R
en
<
s- =
r» co
8 8
CO
CD
co_
a
S
CM_ IT)
v_
Ul
cn
o
>■
—i en
< LLI
P
88
O
T
o
8
CM
— CD
CM
o
CO
o
O CO
CM
8
£
CD
co
o
o
c/>
tow
2 Z Z
UJ.C o
1-
z
fas
Ul
3g^
2
H
5°
<
»9»
uj -- -r
3 < —
0.
Q. CC
Ul
Q
s i
3
O
o
— I V)
<
UJ
2 O
O
CM r~
CO >-"
= a
_ c
c f_
g o
cE "D
E §
8-.S
O re
ci c £ E
CD
c
o
O
■c
c- ^
1 1
cs
F '-L
c
m
a. co
a
£
CD
3 >
o
o
8
O O CT) O CM CD
in p CD p rr tr
c\j o — C» co v
O O O O O Q
*- ^ r> o — cc
in en CT: r? ■*- t
CM — — f- CO -T
o o o o o o a
§888888
cm i o C ' O id in o
CM CD Q O CD CM O
CM *— CM IS — - CD TT
cm" <D *-~ V
O r-
<-~ in*
O u">
m ^r
co -r
En o
O s
T-" O"
CO
CD
O
'£ f -
£ g g
■«** "° £
^ <D <C
■!!SD
c u —
E "S £
■c ® *
<5a
o o co in en — cm
8ro — *- c- — -*r
- m n •- a) n
o o p — o 9 o
O D C Ol U' n -
— i'I TT ^T T" ^T T
~- — l~- r^ i^ t^. to
§
•c
CO
-3
c
a
■D
n
r
E
CO
"o
o
o
>*
u
CO
o
■i=
J^
o
1
r
u
o
CD
CD
CO
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
74
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.
CITY COUNCIL
75
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
76
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
78
APRIL 10, 1991
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-
CITY COUNCIL
79
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.
80
APRIL 10, 1991
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
CITY COUNCIL
81
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.
82
APRIL 10, 1991
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.
CITY COUNCIL
83
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
84
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.
CITY OF BOSTON
-^Sg^s>
PRINTING SECTION
CITY COUNCIL
85
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
87
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: —
CITY COUNCIL
89
O D
O in
±2
= 8||§§ggg§g§§.
D co f o r^ o
<: - n t\i cd (\j
en' cd in
co o in m en
co r> t ^r ro
t: n ■- ro s
«n o */>
01 < z
rr s
3 >
a: O
£ ^
«n q.
X
8|
IB Q.
o
E
O-
B
s
g
£g£
(ft
Z
° or Z3
< CO
UJ
S
H
woo
l"2 -J
C
<
= e
0.
s
Ill
a
t
-J c/>
s <*
o
Su
o
u
< UJ
9>
"J v>
CD CM O
CM Co CO
CTi N - (\J
$8888
CO ^ K- CD tD
f--' iC CD" f^." CD
o o o
8S8
O ro tt
£8
8 5
in
CO
m
B
CM C
co c
5 8 n n rr
) o s d lO
^ ID O
O cm p
f- C\J o
IT)
CD
CM
CD -
■ iii^ in o
en cd co ^r
N J) C\J
in co en
in
CO
8 8
in cnj o — en
en -c- co en" «—
01 S P) f" 0)
CD CNJ h*. CD Q
*- *T CNJ
in o o o
tt — CD CO
co m co ^r
in n.
88
8888£8
*- co r-. *r in o
cd' co" cd" o"
CM C\J <-
O O O en tt o
"C ID (NJ n CD r
co co cm o id en
o en
58
cnj m
§8888
in o in m cd
8S
in en
^ CNJ
■— CNJ
CO
ro cd
CD
m
*— — CO CD CD
T O) E N
CNJ O •-
8^
(DIDIDO>NVN001
compcncnmcom
cm — co > t — *-_ en tt
m" en cd' co id" k.' en en"
ro cnj co en m m ^
cnj_ ro in co_ cd.
^t" *-' ~-' o cnj'
So
■= Mr
'EI
| » So
™ oiD c
E Sr =6 S
XI in 3 O
< < < m
0 p o p o
O ID —
o I
Sou,
Ci >- >.
rc •= •=
o o o t
O p p p
to ■- C\J
O O
n c <»
Q © — -
lis
E 5 O
CO.—
f » O
.6° g
: X Cu £
i.i
M
O E
s O
s s
x c
O a.."=
c ■/> > .8 =;
re C
_a £
CD O IT,
E =
1 E-P,
TO — O. CD
o
i
ss
(/. a c
CJ
£g|£Sg-gsf'
il iZ X £
"■ ro fi .a "
S^ -&
c D
.E c
ro o. c o
OJ CD
.y o
5S
>^ u-
7= c
'^ D K 5 —
S c ■*
D
r^ o
CD o
co i7)
q q in
CD Q CNJ
cd o m
■^7
CO
CO
in o p in
CO — CN) >s-
en f- co o
CD CO
in o
co o
en
CD
CM
CD
in
O O O O fs. CD
q t: »- ^ n -
O CO ^T ^- CO CO
in
cn r^.
cd cn
CD
U3
CO
8
O
CD V O CO
r> r- O -
CD CO CO ^
8
s
^7
in
CD
CO *T *T
*r en en
v en cnj
cn
to
IT.
CD
CM
en — co —
CD cd in *-
CNJ ^T — CM
co en
in r^.
en
CO
CM
k n in rn cd s
in — ^ co ^j ^-
O co m O CD CM
CO
CO CO
CO
in
8
CO
Cn
en en o f^.
— cn ^7 cd
^r o co en
Cn
in
CM
it.
o
en ro •-
CNJ
*~ •"
en cd r^- cm cm
CD
Z
in CD V CM
*~
g s -
CD S
^ — c
5 a id
up y i
p ^ a cd
— - LXJ ?
I^ZLLClL^LLLCCO
c ^ o
CD C* C
d c to
ocororo — QO — ocm — crc>j — ^r— cm — OC -on
onoCirMQipi/i-in-rj-o^-D-CC ^C *-
Qco^j -cw(C(\)»--c«--rr/(ncN1': ^rOC H u -
ppQOppppOQpOQpOpOOCpOOOQ
-- rococo — o — — OC\J — Oi m c v - cnj-^cocc — OCj
ttcocoP— — cd — — cocMro Off* cm — ip in — m — v, — c*^ — c— cc— a. c
— — — -*r t ^y^ — ^- rj — ro^ — cmidcm— — cnj— — ^ r, r Cm r v - — ro — —
r. — K
cop
»r rs. —
S2R
o o o o o
o o o o
OOOOOOOOOOOOOOOGCOO
c c o c
90
APRIL 24, 1991
si
O Q-> O o O
O O C — O
O CD O CT>' O
m — m in m
it ^r m CD
n cm
cm ■- CO
= £ =
wdw
uj z tr
c: < z
| g 8 S g 8
si
8" 8"
Z
UJ
5
t-
E
<
D.
Ul
Q
cm S
CM (D
CM ^"
8 2
CD CM O O
r*-_ *. © 35
SOD O (^
V ifi W
Z
LU
5
H
cc
g
u
Q
Z
O
o
Sg2
Sin —
£ iu <
§£
£ <=
.as-
I: Q£ -U.
— *- m
8 85
O m
&3 r>
in r»- ^r
CD r- o
CD O f^
o" <-" o*
re c.
•H re O
C u —
E "S c
<5l-
lO c
^ O O t
£ >.U ,
.a ■= as !
a a d .
a. cr en :
p p o O c? p
— rs. c o ■- CD
tf) r> ^ v tt rr
<v »- - n r> TT
o o o o o o
o & ro in m — fv
§o — >- io — T
— cd r) — cd r>
P P - o p p
O ffi (D Ol U1 K- -
^ CO V *T ^T ^ «■
— — r- f- I-* i-^ r>
O O O O O O
CITY COUNCIL
91
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.
92
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.
CITY COUNCIL
93
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
95
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.
100
MAY 1, 1991
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.
CITY COUNCIL
101
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.
102
MAY 1, 1991
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:
CITY COUNCIL
103
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
104
MAY 1, 1991
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.
CITY COUNCIL
105
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
§G2§
2 5 2
en o
in
LU JJ
£
3
c
s
UJ
3
>
CC
o
t—
a
u>
a.
3=
™ "
61
H
Z
UJ
2
h
CC
2
LU
Q
CD O O Is- *t
cp O O CO CO
CO O O T O
O O o 1/1
g 8 ° S
O O *• Is- CO
CM O CD CD CM
— at CO r- r-
K (Jl ID CD
CO CO O CM
CM tn rr CM
■»r t —
CM
Oi - O ooo o
CO O O CO T* r-" O
n n in n to © oi
CM — O. 0_ V — r»-
tj- tt CD* co* rsT
CO CD —
O O
88
o" oi
CD r^
CM CD
K
CO o
CO CI
T CO — CO
§o o o o
.8888
in in ci o in —
t ^ n o - n
I CD ID
r*~ CD
\a
-1 (ft
•or
LU
2
V
o
>
</>
CC
CC
LU
«/>
a.
LU
O O in o
m O f>» Q
CD O CM O
m in o
CD CM O
CM CM CO
O
in
CO
OOO
8 cd 8
o
8
3
a.
a
O) r» «- CM
CM CM
CM
O ro T
£8
8 88
8 8 8
CM T
m* co"
co m
o
cm"
8
1 9 2
88888
in
m
CJ —_ fs._ CD lO_
»».* a>-* to" r-." co"
CM.
log
S to
— o
V O
O T
co"
CO
u
mom
LU Z -J
S8888
Q
_.-«-s
■-IOWIDO
o
Q. CC
3 JH
83':£°
"»T
</> <
CM
CMOOCOCOTOCM
CO o. O. I"» O CO r^. CM
co" —•" in r>-" m" o
oi co n i
C~ IjO CM
m
o.
in co o"
in
co
CM
co
O
555
300
300
88
O !«•
r— — r»
— CO
0> m
Ul in 8 J) O u S
m m o ^ co_ f» t
— eo"
co CM CM
co — co
— " to* cm"
OI f^ CO *T OI
CO CM N. CO O
*- ^" CM
m o o o
TT — CO CO
n in o ▼
cm r>» in" o"
•"inm-
O O ai «cr o
88
N T K 00)
en co m w
in o t
O O m v t
8 8 c\i t n
co o m »- co
in o o in
CO — CM r>»
O) N CO O
s
CO
§
co t t n. in
T O) O) O) CO
T 01 CM lO CM
OI — CO —
co co in —
CM T — CM
s
m
oi
o> CO •-
CM
—
—
(JifflOOOOMOOl
coinoT'-Tco — m
CM T O. CO. V T CD CO. V
w ri k n in co co r«." co
OiCMin — ^raOTTT
'-'-OcomoiOCMr^
oi oo" r«." cm" cm"
r~. o —
CD CO O O LO
in cm o — oi
in o
OI T CO 01 *■
ai cm —
cm cm m
m
8 oi
CO —
in 8
cm m
§8888
in o mm ^
82
LO 01
r». cm
■r- CM
CO
co co
CO
in
^ ^ n co co
T OI CD r-
CM O —
8N
o o
CO Q
co to
CM
co
CM
U7
§
T
OI
CO
CI
O
en
CM
CD
G)
o
LO
CD
CO
o
a
CO to
•*r co
in
CO
CM
01
CM
CO
n
CD
co
CO
01
LO
in
CO
CD
uo
CD
oi
o
CO
ic
'
T
""
o
CM
OI N-
CO OI
co
CD
CO
CO
8
o
CD
CO
T
CO
8
CD
CD
§
•v
lO
T
ID
CO CO
CO
ID
a
CO
0)
co
01
8
o
O
V
CO
to
OI
O)
in
o
CM
o
to
—
in
CD
T
CM
—
O to — Q m co — cm <r r-ocono — OO — o cm - o>cm — t — cm — OO— oo "T"N'~
Qcocoo— — lO — — coocooocmocplo — in — n — Qr^. — O — CO — ElO J. _
Q — — 7 T ^-___ r)><r)^._ CMCDCM — — CM — — •VCOCOCMTTOOnG —
Q9999 9999 990999999099009090090000
O to — o in co — cm rr K_nnn-o--"OCM-0)NO,f-"'-coco — O n *"""'*""
TCOCOO— — CO — — COCMOOOICM — COLO — lO — CO — Q"^ — O — CDCD — CD'O
^- — •- ^T ^- ^ — — — CO — CO^'-CMiOCM'— — CM — — ycococM^rv — — co— —
00000 0000 000000000000000000000000 go;
§o o o
£8.8
O CT O O
m in in Q
in CD O
§o2§
o — o -J
888888
MOO
M Ol O
cm — cm
ID lO
en cm
— CD
01 O
CO
u_i s;
c-
c: <
o
5
IU
=>
r»
<=
0
»-■
cr
"""
88
CD CO
»- CM
o o
o m
O 10
CM »-
o
f-
s
in
cm
in
CM
CO
C\J
CM
N.
co
T
CM
o
CI
f~
§8
o
CO*
(/5
Z
UJ
<
c
Q
32
c_> >—
tow
S CO P-
E uj •<
3 m
^<3
a 8" 8*
— N.
CO CD
8 m
O r-
2
CM
8S
CM CO
m
cd ir>
CO o
CI "V
as
o
— 00
O CO
CM
CM
z
D
O
o
E^
en
CO
in
CO
CO
CM
in
O
T
CO
CM
to"
« E§
E ^
p. £
Ea
a c
Q. O
CD C
o •=
c <°
._ ^
™ Q 5.
"5 >»-2
ra
i/>
C
CO
a
CD £ c
C3?
Lis
• • s 5
-E "5 5 o
D > 5 £
.OQ99
- !•« 01 o - co
m n 01 ^ t ^
CM — — r*- co ^-
OOOOOO
5£
8
§
J) co
TT lO
CM
CM
CM
in
CD
00
"- O
O N-
O
«- O
■2 5-.? -
— CD >•
^ Q c
5-2
00
c >.U
Q — -*
u> -— °
CD
in
5
c
0
E
£
?
ra
_
a
a.
^
s
ID
in
ra
n
O
T)
"O
0
ra
E
<
i
c^
CD CD ^
Q.0: w
O .*
o
O oin ui m -n
Q CO — f— CO — V
Q — CD CO •" CD CO
O OJ C (J» m K -
t D -v «<r rr v "T
■— «— r*» r-. r*» r*. en
OOOOOO
MAY 8, 1991
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
MAY 8, 1991
113
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.
114
CITY COUNCIL
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
115
CITY OF BOSTON
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.
116
CITY COUNCIL
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
MAY 22, 1991
117
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
118
CITY COUNCIL
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
MAY 22, 1991
119
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.
120
CITY COUNCIL
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
122
CITY COUNCIL
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)
124
CITY COUNCIL
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
132
CITY COUNCIL
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
133
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
PRINTING SECTION
CITY COUNCIL
135
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.
136
CITY COUNCIL
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.
JUNE 12, 1991
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.
138
CITY COUNCIL
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.
JUNE 12, 1991
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,
140
CITY COUNCIL
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.
JUNE 12, 1991
141
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.
142
CITY COUNCIL
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
JUNE 12, 1991
143
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
145
CITY OF BOSTON
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
146
CITY COUNCIL
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
JUNE 26 1991
147
(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)
148
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-
150
CITY COUNCIL
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.
152
CITY COUNCIL
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.
154
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.
156
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.
158
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.
160
CITY COUNCIL
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.
JUNE 26 1991
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.
162
CITY COUNCIL
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,
JUNE 26 1991
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
164
CITY COUNCIL
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-
JUNE 26 1991
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
166
CITY COUNCIL
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
168
CITY COUNCIL
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
169
OhOO
z O >— z
<2=»-^
ago-3
351
<0 O O r** tt
8 8 8 3 3
i/> o s" iv." co
non tooi
« - <r s N
t" in" — :
o o o m
§ 8 2 S
s" oi co" co
oo n o n
cm in <r w
229a>220S0'3ocr'oaoooooooooo
3 8 8 S 2 8 5 8 8 8 8 S3 8 55 8 8 8 8 8 8 8 8 8 8
^ ? 2 iS 9 9 ° ' N ° ^ w' o oi o o <n o m ui oi ^i' m' -
cunON-ooT-iontocucoiiiNTn-nNNcoio
— cm in
^ TT CO CO CO
co co —
■— 01 CO CO
r** co ci in
CD LO O
CO (O 8
o' en o'
co is. in
co o CM
— ' cm"
inam
Ul z
cr <
5
3
5
a
LU
3
:»
ce
o
^
cr
(0
Q-
a
22
LU 4
ftcc
(/)
H
Z
UJ
2
h
cc
2
UJ
Q
t
ton
WOO)
LU Z
—1
_l <
-s
Q.
cc
Q.
=>
h-
CO
2
< UJ
"= 2
Somo
O s. g
CO O CM O
o
8
o o
88
O
8
8
C\J
88
T s
co
CM
s
CD
CM
88888
in
8
in g
co co
CO — s co CO
CM
CO
m —
s s to s co
*—
CM
in co
ss
CO
m cm
CO
CO
88888
Q
£88
88
i— in cm co o
o
m co co
O s
g t i- m io
a <o — *-
■*r
s i— s
— s
«- CO
en lo
•"•ggggoTing
ciioonnTOdio
co p. c5 s_ en co s_ cm_ o
co" r- in" s" m" o" in co" en"
en co co ^ m
N Ifl CM CO
JiooSn
- co n » in
in o p m
CO — CM S
01 is co o
en — " co" — "
CO lO CO CO
CM ->r •- CM
m o
<-' cm"
CM T O CO T it CO CO *T
tt" co' s" co" in* co* co* s" co"
OICMm — TCDTOIT
>— r- o co [in i o m cm s
01 oo" s* cm" co"
SO —
co 01
co m
CO*
s
CM
CM
m
CO
CO
in
O
CM*
CM
Q CM
CO CO
CO o
CO Q
CM S
CM O
CO CO O O in
in cm o — o>
88
LO O
CO o>
CM
CM T
CO
o
co"
en ^ co en —
01 CM —
CM CM CO
LO
8 55
CO *-
38
cm m
88888
in o m m to
82
m en
S CM
•- CM
CO
8*°
LO
i— *— CO CO CD
t en co s
CM O —
aw
o g g co g
m o g s o
CO T CO CO —
m o o o
3 - co o
rt m co t
m s
88
ocMoooocn-ro
mcnOTtocMcoco^r
soocococMOtoen
o o
co g
to to
NTOflOOOlO
comgoioimcom
w r- a t >- ■- en^r
S o
co o
CO LO
Cft N O ^ O)
CD CM S CO P
•- •<r CM
NMn o
•-uiin-
in s
S T
r- CM
tomooais'rscDcji
cm p g o> co m m
cm in m o t
CO to
t to
s
mcntocotocMoicj)
CO CM CD Ol 0> LO —
cm co m — to
O CO
co —
—
cm to y- CM
—
■<r - - n cm
co
cotOQooTQcog — m
s -<r o co s O — O t *r
co co o to co_ co ^ p *<r to,
co* g" oi" oi g> o s" — en cm'
tloco — o>Ttocn sm
m co — TOcooim so
o. cc cc Q cr cc co
o to — — m
g co co o —
Q — — *r t
2 9 9 9 9
o to — — m
t co co g —
o o o o o
CO — CM -<T
— to — ,-
9 9 9 9
CO — CM T
— tO — —
•^ — — .—
o o o o
SOCOCOCO— OO — O OI ■- OI CJ - T — CM — OO— OCO
cogcoooitMgtpLO — uo — co — gs — o — go — oo
COOCO*r— CMCOCM — — CM — — TCOCOCMTTOgcOg —
gggggggggoogoggggggogooo
S— C0C0C0 — O — — OCM — 01CMOT — CM — COCO— OCO
cocMcoooicM — -olo — in — co — gs — O — COCO — 00LO
CO— COT — CMCOCM — — CM — — •«rCOCOCM'<r'*T — — CO— —
oooooooooooooooooooooooo
T
CM
r—
3D
0)
co
~;
CO
a
q
o
T
CM
—
■r>
I
"0
CO
—
CO
170
CITY COUNCIL
o o o o o o
8 § 8 2 8 8
O 03* O 03* O O
en •— u"> u"3 u"3 q
tn" cm" cm" — co
CM
o o o o o g
fN» IT) 03 *r
OhOO
Z O H- Z
l» O </»
UJ z
Z
3
5
2
3
■>
S
O
t—
ce
</»
a.
3
-I Z
° £
a- <r
o
o o
a
8
88
fc
«-
88
CM
as in
CM
«- CM
n
(-1
o
<o
UJ
<o
(2
(O
CO
<>
y_
h-
o
m
(O
CM
01-00
Z O (- z
2§s
B1Q»
UlZt
cc<2
2 3
U Ul
S §
</» a.
a
22
UJ <
o
Ui
H
Z
Ui
2
H
2
Ul
Q
■ UJ «<
oo
a- a:
_l
(/)
■<
LU
3 O
G
:>
2
111
z
o
o
CM 8
CM (O
CM' I--"
TT CM
oi
CM l>»
00 <T
8 8
01 T
as
</>
H
Z
Ul
S
H
a
s
Ul
Q
D
O
o
uj<2
SE-ai <
.- r- ui
UJ
Q.
y
2
8
CM
82
CM (0
Ul
CO ul
CO 03
o
u
-J
</>
< UJ
z u
O
;»
</3
a:
CC
UJ
UJ
Ul
a.
_i
v>
<
Ui
z
<V
o
(/>
ce
IX
UJ
UJ
a.
.is
a ~
c E
CO C
CL <33
2 E
Q 5.
w c
I <d c
T3
E §
&|
</> 2
It
<2 ») 3
s S^
.si -2
m T
c
3
O
o
5
UJ
S
i—
5?*
c
e
T)
a)
a
c
"3
u
c/l
Q
C
0
«l
i/l
c
c
2 a. a.
T3
C
u.
c
.2
"5
«- s
12 ~3 03
ES-i
o o o
— jj 5
.2 OJC
0>c „
m 3 -9
cr 03 5
z
o
o
<
a
<
IX
o
9 9 9 9 9 9
«— p*-* a> o *— oo
Ul CO CJ> T 5 T
cm <•— »— r«»» rt -^
o o o o o o
o oi co ui \n r- oj
5
o
8
<
140O00C
139013'
748-08 1:
749-137
745016
747-081
-341034
^- ^ — •«• T -<r —
o o o o o o o
JUNE 26 1991
171
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
172
CITY COUNCIL
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.
174
CITY COUNCIL
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
JULY 10, 1991
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
176
CITY COUNCIL
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
JULY 10, 1991
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:
178
CITY COUNCIL
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.
JULY 10, 1991
179
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.
180
CITY COUNCIL
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-
JULY 10, 1991
181
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
182
CITY COUNCIL
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
CITY COUNCIL
183
CITY OF BOSTON
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.
184
CITY COUNCIL
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:
JULY 17, 1991
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
186
CITY COUNCIL
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
JULY 17, 1991
187
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.
188
CITY COUNCIL
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.
JULY 17, 1991
189
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
191
CITY OF BOSTON
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.
192
CITY COUNCIL
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
AUGUST 7, 1991
193
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.
194
CITY COUNCIL
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
195
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.
196
CITY COUNCIL
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
197
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
198
CITY COUNCIL
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
199
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
200
CITY COUNCIL
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.
AUGUST 7, 1991
201
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.
202
CITY COUNCIL
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.
AUGUST 7, 1991
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.
204
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,
AUGUST 7, 1991
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
206
CITY COUNCIL
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.
AUGUST 7, 1991
207
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.
208
CITY COUNCIL
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
CITY COUNCIL
209
CITY OF BOSTON
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.
210
CITY COUNCIL
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
211
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
212
CITY COUNCIL
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
AUGUST 14, 1991
213
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
214
CITY COUNCIL
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.
AUGUST 14, 1991
215
(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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
217
CITY OF BOSTON
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
218
CITY COUNCIL
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
AUGUST 21, 1991
219
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-
220
CITY COUNCIL
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-
AUGUST 21, 1991
221
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,
222
CITY COUNCIL
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.
AUGUST 21, 1991
223
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).
224
CITY COUNCIL
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).
AUGUST 21, 1991
225
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-
226
CITY COUNCIL
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
227
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
229
CITY OF BOSTON
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.
230
CITY COUNCIL
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.
SEPTEMBER 11, 1991
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.
232
CITY COUNCIL
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.
234
CITY COUNCIL
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.
236
CITY COUNCIL
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
237
CITY OF BOSTON
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.
238
CITY COUNCIL
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
SEPTEMBER 18, 1991
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.
240
CITY COUNCIL
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.
242
CITY COUNCIL
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
243
CITY OF BOSTON
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.
244
CITY COUNCIL
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-
246
CITY COUNCIL
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
248
CITY COUNCIL
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.
250
CITY COUNCIL
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
OCTOBER 2, 1991
251
(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-
252
CITY COUNCIL
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
OCTOBER 2, 1991
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
255
CITY OF BOSTON
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
256
CITY COUNCIL
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
257
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
258
CITY COUNCIL
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
PRINTING SECTION
CITY COUNCIL
259
CITY OF BOSTON
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)
260
CITY COUNCIL
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
OCTOBER 23, 1991
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.
262
CITY COUNCIL
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.
OCTOBER 23, 1991
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.
264
CITY COUNCIL
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.
266
CITY COUNCIL
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.
OCTOBER 23, 1991
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.
268
CITY COUNCIL
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
270
CITY COUNCIL
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.
OCTOBER 23, 1991
271
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
PRINTING SECTION
CITY COUNCIL
273
CITY OF BOSTON
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.
274
CITY COUNCIL
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
OCTOBER 30, 1991
275
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
276
CITY COUNCIL
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
OCTOBER 30, 1991
277
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.
278
CITY COUNCIL
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
279
CITY OF BOSTON
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
280
CITY COUNCIL
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
NOVEMBER 20, 1991
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
282
CITY COUNCIL
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-
NOVEMBER 20, 1991
283
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.
284
CITY COUNCIL
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
285
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 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-
286
CITY COUNCIL
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?
NOVEMBER 20, 1991
287
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.
288
CITY COUNCIL
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
289
CITY OF BOSTON
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.
290
CITY COUNCIL
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.
DECEMBER 4, 1991
291
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-
292
CITY COUNCIL
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
DECEMBER 4, 1991
293
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
294
CITY COUNCIL
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:
DECEMBER 4, 1991
295
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
297
CITY OF BOSTON
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.
298
CITY COUNCIL
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
299
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
300
CITY COUNCIL
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?
DECEMBER 11, 1991
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-
302
CITY COUNCIL
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.
304
CITY COUNCIL
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.
CITY OF BOSTON
PRINTING SECTION
CITY COUNCIL
305
CITY OF BOSTON
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.
306
CITY COUNCIL
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
DECEMBER 18, 1991
307
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.
308
CITY COUNCIL
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
DECEMBER 18, 1991
309
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.
310
CITY COUNCIL
(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.
DECEMBER 18, 1991
311
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.
312
CITY COUNCIL
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.
CITY OF BOSTON
PRINTING SECTION
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11